Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 27, 2021

E-FILED 4/27/2021 11:31 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381053 Reviewed By: K. Himes 21CV381053 Id 10 ll 12 l3 l4 15 16 l7 l8 l9 N Ix) [\J Matthew W. Quzlll, #l 83759 Ranjcct K. Brar. #297142 Tiffany A. Pack. #323 l 59 Claudia Yvette Case. #3282 l 2 Ingrid V. Cacm. #3 l 7349 Quull Cardot [.LP 205 East Rivcr Park Circle. Suite #1 10 Fresno, Califomia 93720 (888)289-1231 Phone (559) 418-0330 Fax Attomcys for Plaintiff CAVALRY SPV l, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF Santa Clara CAVALRY SPV l, LLC. Case No. Plaintiff, Limited Civil Case v. COMPLAINT FOR COMMON COUNTS P VAN TRAN . an individual; and l. Account Stated DOES l through IOO, inclusive. 2. Open Book Defendants. Demand Amount: $4,879.33 BACKGROUND ALLEGATIONS l. At all times herein mentioned, Plaintiff was. and now is, a limited liability company with its principal place of business located in Valhalla, New York, and at all times mentioned herein. was, and now is. authorized t0 do business in the State of Califomia. 2. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 50, inclusive, and therefore sues these Defendants by fictitious names. Plaintiff will amend this Complaint t0 allege their true names and capacities when ascertained. Plaintiffis informed and believes and. 0n that basis, alleges that each Ofthcsc fictitiously named Defendants is responsible in some manner for the acts 0r omissions in this Complaint, and that Plaintiff‘s damages and injuries wcre proximately caused by the acts 0r omissions of these Defendants. 3. Plaintiff knows the identities 0f DOES 5| through 100. inclusive. believes they Complaint for Common Counts - l - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 have damaged it. but is unaware 0f their capacity 0r conduct as described in this Complaint. Because Plaintiff is ignorant ofthcir capacity or conduct. it sues them fictitiously. Plaintiffwill seek leave t0 amend thc Complaint when it has knowledge of facts indicating the true nature of their capacity and conduct in the events described in this Complaint. 4. At all times mentioned in this Complaint, each Defendant was the agent. servant, and/or employee of each ()fthe remaining Defendants and was, in doing the things complained 0f. within the scope ofhis. her, 0r its agency and employment. and acting with full knowledge 0r subsequent ratification ofhis, her, or its pn'ncipals 0r employees. 5. Defendants. and each 0f them, reside in this Judicial District. The account herein described was entered into and/or performed in this Judicial District such that this Judicial Distric‘ is the proper venue for this action. (Califomia Code 0f Civil Procedure section 395.) The obligation sued upon is not subject to the provisions 0f California Civil Code section 2984.4, nor California Civil Code section 1812.10. 6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing charged-ofi' consumer debt for collection purposes. as defined in California Civil Code section 1788.50. subdivision (a)(l). The nature 0f the underlying debt and transaction which forms the basis for this complaint stems from the issuance 0f credi‘ 0n an account Dcfendant(s) held with Department Stores National Bank account number ending in 1005 (hereinafier referred t0 as the “Account"L and Defendant(s)‘ failure t0 pay the balance due on the Account, resulting in a default on the Account by Defendant(s). 7. PlaintifTis the sole owner 0fthe Account which forms the basis for this Complaint. 8. As 0f 12/07/2017, the date the Account was charged ofl' by Department Stores National Bank, the balance on the Account was $4879.33. 9. The last payment on the Account by Defendant(s) was 05/01/201 7. 10. At the time the Account was charged-off, the name and address ot‘the charge-off creditor and the chargc-off creditor’s account number associated with the Account was: Department Stores National Bank PO BOX 9001 108 LOUISVILLE, KY 40290-1 108, account number ending in 1005. Complaint for Common Counts - 2 - h) 10 H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 l. The name and last known address of the Defendant(s) as they appeared in Department Stores National Bank’s records prior to the sale ot‘thc Account was P VAN TRAN 2645 SIBELIUS AVE SAN JOSE. CA 951221 344. 12. The names and addresses ofall persons or entities that purchased the Account afier charge-of‘f, including Plaintiffare as follows: Cavalry SPV l, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595. (True and correct copies Ofthe chain oftitle reflecting the purchasers 0f the Account up through and including Plaintiff are attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit I .) All rights, title, and interest in the Account, which is the subject 0f the lawsuit were assigned to Plaintiff. 13. Plaintiffhas complied with California Civil Code section 1788.52. l4. A true and correct copy 0f a contract 0r other document described in subdivision (b) of section 1788.52 0f the California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2. FIRST CAUSE OF ACTION (Account Stated) 15. Plaintiff alleges each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in full. l6. An account has been stated between Defendant(s), and each of them, and Department Stores National Bank in the sum of$4,879.33. l7. Defendant(s)‘ last payment was made 0n 05/01/201 7. 18. Defendant(s), and each of them, are in default in that they have failed to pay the balance due. l9. Therefore, Defendant(s), and each ()fthem are in default in the sum of $4,879.33. 20. As the sole owner 0fthe Account, Plaintiffis entitled t0 the sum 0f $4,879.33. 21. No part of said sum has been paid. although demand therefor has been made, and there is now due, owing and unpaid from said Defendant(s), and each of them, t0 Plaintiff. said amount. Complaint for Common Counts - 3 - 10 n 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 SECOND CAUSE 0F ACTION (Open Book) 22. Plaintiff alleges each and every allegation contained in the Background Allegations. and incorporates them by this reference as though set forth in full. 23. Within four (4) years last past, Defendant(s). and each 0fthcm, became indebted to Department Stores National Bank on an open book account for money due in (he sum 0f at least $4,879.33. Although demand therefore has bccn made, said Defendant(s), and each 0fthem, have failed and refused to pay said agreed balance. There is now due. owing and unpaid from said Defendanfls), and each ofthem, the sum 0f$4,879.33. 24. As the sole owner ofthe Account, Plaintiffis entitled to the sum of $4,879.33. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES OF ACTION: l. For the charged-off balance 0f$4,879.33; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Apr, Dated: m .‘ z Li 2321 QUALL CARDOT LLP ByF.C_, [ ] Matthew W. Quall [ ] Ran'cet K. Brar [ ] Ti any A. Pack {a Claudia Yvette Case [ ] Ingrid V‘ Caero Attorneys for Plaintiff CAVALRY SPV l. LLC Complaint for Common Counts - 4 - EXHIBIT "1” Contract ID: CV8MUMAA030920 Document ID; CV8MUMAAO92220C 12 Document ID: 090820CV lMC2IBG| AFFIDAVIT 0F SALE OF ACCOUNT State of Missouri County of Platte Lindy Cain. being duly sworn. dcposcs and says: I am authorized on behalf of Department Stores National Bank ("DSNB") located at 5800 South Corporate Place, Sioux Falls, SD 57 108, am authorized to make the staLcments and representations herein, and I am over 18 years of age. In this position, I have access to DSNB’s books and records and am aware of the process of the sale of accounts and electronic storage of business records. These records arc kept by DSNB in the regular course of business and it was 'm the regular course of business 0f DSNB for an cmploycc or rcprcscmativc with personal knowledge of the act, cvcm, condition. or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records, and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. On or about Scptcmbcr 25, 2020. DSNB and its affiliate Citibank NA. (“Citibank"). sold a pool of charged-off accounts (the "Accounts") pursuant to a (i) Master Purchase and Sale Agreement, dated March 9, 2020, by and between DSNB, Cltibank, and Cavalry SPV l, LLC, (ii) Bill of Sale, and (iii) Addendum No.12, September 22, 2020, between Cavalry SPV l, LLC. Citibank, and DSNB. As pan of the sale of the Accounts, certain electronic records were uansfcn'ed on individual accounls to Cavalry SPV I. LLC. These records were kept in Lhc ordinary course of DSNB. I am not aware of any errors in the information provided about the Accounts. The above statements arc true to the best of my knowledge. Signed this ‘ day or OC-l’obc V 102.0 fifiéém Sworn before me this I day ofW . ‘90}0 . mmsum flH m nmmugysu’ Judgment“!”Meagan Notary Public MyW (Notary Seal) mam My Commission Expires: Canny 030920 1 Contract 1D: CV8MUMAA030920 Document ID: CV8MUMAAO9222OC12 Document ID: 090820CV IMCZEBGI CERTIFICATE OF CONFORMITY STATE 0F MISSOURI CITY OF KANSAS CITY l The undersigmed does hereby certify that he/shc is an attorney at law duly admitted to practice in the State of Missouri and is a resident ofM County, in the Stale of_ mssoum ; that he/shc is a person duly qualified to make this certificate of conformity pursuant to the laws of the Sta‘e of Missouri; that the foregoing acknowledgment by Lindy Cain named in the foregoing instrument taken beforemfim , a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being lhc State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. \ /MLPM /m# / Date orncy w Cavalry 030920 2 Contract ID: CV8MUMAA030920 Document ID: CVBMUMAA092220C l 2 Documnl ID: NZOCV l MCZIBB] BILL QF SALE AND ASSIGNMENT 3Q2020 Retail Cards Inventory Bulk Accounts THIS BILL OF SALE AND ASSIGNMENT dated September 25‘ 2020, is by Citibank, NA. (“CBNA”) and Department Stores National Bank (“DSNB”), each a national banking association organized under the laws of the United States. located at 5800 South Corporate Plxe, Sioux Falls, SD 57108 (collectively. the "Bank") to Cavalry SPV l, LLC, organizzd unda the laws of the Delaware, with its headquarters/principal place of business at 500 Summit Lake Drive, Suite 400, Valhalla, NY [0595 (”Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated March 9. 2020 and Addendum No. 12 dated September 22, 2020, between Buyer and the Bank (the "Agreemem"), the Bank does hereby transfer, sell, assign, convey, yam, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit l to the Addendum and the final electronic file. Citibank, NA. Name; Steven Dasch Title:mmm- Dcpartment Stores National Bank By: \:L z :7) Name; Steven Dasch Title: Aulhgrized Pm Cunlry 030920 l Comma 1D: CV8MUMAAO30920 Documenl ID: ('VSMUMAA092220C I 2 Document ID:mM'V l MCZIBA] Exhibit l The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. fl of Sale Lot Sale [D Accounts Balance (?It-Ofl' Date 302020 090820CVIMCZIB - - 9/80020 Remil Cards lnvcnlory Bulk Muy'l Accounts Cavalry 030920 EXHIBIT ”2” '[USUOT *macy's Macy's American Express° Account statement a Questions or lost/stolen card? Call Customer Service 1 ~877-204-7996 P VAN TRAN a Go to macys.com/cndmo manage and pay your account online. AccountNumber_1005 W f WSummary of Account A(tlvlty Payment Information Previous Balance $2,472.44 N" 3",“. $2,457.55 Pavmems . $14171 Minimum Paymenmu- $73.53om“ cmd'“ I ‘50'02 Payment Duo Data Juno 1, 2017 Purchases/Other Debits +£74.26 Fees Charged +5000 late Plymnm Warnlngz If we do nol Iecelve ym- minémun payment by the dale [n‘erest Chamed +553_58 listed above, you may have lo pay date fee up In 537. 6 Ngw Bahnu 52,457.55 Mlnlmum Payment Wamhg: H you make only the minimum payment each peliod, you will pay move in inle'esl and il will Ida ya: bye! to pay ofl your \Pas‘ Due Amount so'oo J balaKe‘ Fu example: Qednr 1 000.00 W lynnmflnmaddmfl Ymmpgdh Alumni . ALaiIabltnclredn $342.00 '3‘”?Wig: mlmm."“I '“u ‘fMM: Statement Closinq Dam 05/05/201 7 0n " ’ I , ' ‘ ‘ ' ' " " Next Statement Closing Daze 06/05/201 7 ’V' ‘e "‘"""“""Wm“ ‘3 ye” 5635‘ Da s in Billln C cle 30 53:56“k Y 9 y J $99 3y“: {sayingfiszjan kliyou wodd Mu Irlomunm thou cud! coumdlq“a (d 1677-3315157. J \‘(H’ ' “\UHJ‘ Pm SEE “PORT!“ INFORMAYION ONms“. P'go 1 d4 Thbk‘oum b“Mn! Mor- Nlflondlank. MM“ *W llllll "III IIIIIIHII AccountNumben-mos pg. Box 3052 Macy‘s American Express Account hym‘ Du.M Jun. 2, 201 7 MASON, OH 450408052 Pkast reuvn (hrs slip ml!“ paymenl Wme a((oun! numbev on hon! of (hPa You ran pay a! any Macy's NW BIIIHCC $2,457.55 mm, orlaneatmm ov bymml. MinhumPam.m. 57"5.Paymu nulvodbymllbysm pmlotolm Y 5‘“ a d .d nm-dfi-ushownbdowwlllhoaldkoduolour omen n o: m. d.“mw' Am.“ Endoud: sUse reverse snde for address change: . MaIuChock9w”:Ms v Mal b addn-va Macy‘s AmukanElpmam PVANTRAN POOOXMHOC 434 LOS ENCINOS AVE lOUISVILLE, KY 40290-11“ SAN JOSE, (A 95134-1337 -___lnns- '[DSUU'E Inimmahun Anon! 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Payment 0171a Yhan By Mall ~ln Stove‘ ‘ V "‘1' 1. x - 0min. .y r’ - Express Mail u ‘ r1 v y. n- "41H v W h