Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 26, 2021\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/26/2021 4: 1 6 PM Christopher D. Mandarich SB 220693 C'erk 9f court Ajay good 33325294 Superlor Court of CA, Hayk Stambultsyan SB320973 County Of Santa Clara Amber Swearingen-Ojuri SB324653 21 CV381 065 MANDARICH LAW GROUP, LLP Reviewed By: N_ Chris“ P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: LVNVFunding LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED LVNV Funding LLC, Case No. 21 CV381 O65 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED Sanjay Jayawardena, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $2,373.13 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, LVNV Funding LLC, and successor in interest to original creditor, Credit One Bank, N.A.. 2.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 3.The charge-off creditor at the time of charge-off is Credit One Bank, N.A., P.O. BOX 98873 Las Vegas, NV 89193, and the account number associated with this debt is XXXXXXXXXXXXS83 1. 4.The subj ect credit account has been purchased by the following entities after charge-off: MHC Receivables, LLC and FNBM, LLC 6801 S. Cimarron Road Suite 423-E Las Vegas, NV 891 13. Sherman Originator III LLC P.O. Box 10466 Greenville, SC 29603. Sherman Originator LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account was transferred by Sherman Originator LLC to Plaintiff LVNV Funding LLC, who maintains an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville SC 29603. 5.Plaintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 )pherson \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is Sanjay Jayawardena, 830 SARATOGA AVE APT C305 , SAN JOSE, CA 95129-2607. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, Credit One Bank, N.A. or made such application over the telephone or Internet. Pursuant to the aforementioned application, Credit One Bank, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX5831 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed to repay Credit One Bank, N.A. and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Credit One Bank, N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n December 28, 2018. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 16.The debt balance at charge-off was $2,373.13, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $2,373.13. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Upon information and belief, Credit One Bank, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account With Credit One Bank, N.A., the Defendant(s) agree to reimburse Credit One Bank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection 0famounts owing on the Account. Plaintiffhas been required to retain Mandarich COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $2,373.13 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Credit One Bank, N.A.. Although demand has been made upon Defendant, said amount 0f $2,373.13 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \DOOQQUI-bUJNH NNNNNNNNNr-tr-KHt-KHHHHr-tr-t OOQONUIAUJNHOKDOOQQUI-PUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $2,373.13, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. Dated: 04/1 8/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S of 5 flmzflw / [X] Amber Swearingen-Ojuri, Esq. Attorneysfor Plaintifi” EXHIBIT A CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 5831 December 24, 2018 to January 23, 2019 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $1 £25.55 New Balance $1 £43.03 Payments - $64.00 Past Due Amount $92.00 Other Credits - $0.00 Amount Due This Period $128.00 Purchases + $0.00 Mlnlmum Payment Due $220.00 Cash Advances + $0.00 Payment Due Date 02/19/19 Fees Charged + $43.25 Late PB . _yment Wamlng. Interest Charged + ”8'23 If we do not receive your minimum payment by the date listed above, New Balance $1 184303 you may have to pay a late fee up to $35. . . . Mlnlmum Payment Wamlng: cm.“ L'm" . $1 '825'00 If you make only the mlnlmum payment each peflod, you wlll pay more Ava'lable cmd'! $000 in interest and it will take you longer to pay ofi yuur balance. Statement Closmg Date 01/23/19 Days in Billing Cycle 31 For example: If you make no You wlll pay ofi the And you wlll QUESTIONS? addlflonal charges balance shown on end up paylng Call Customer Service or Report using this urd and the statement in an esfimatad a Lost or Stolen Credit Card 1-877-825-3242 880“ month YOU Payu- about"- total 0f... Ouiside the U.S. Call 1-702-405-2042 Only the mlnlmum Please send billing inquiries and correspondence to: payment 6 years $2,958.00 P.O. Box 98873, Las Vegas, NV 89193-8873 $74.00 3 years $2,678.00 (Sawngs= $280.00) If you would Ilke a location for credlt counsellng services, Gall 1-666-515-6720. TRANSACTIONS Reference Number Tmns Date Post Date Descrlpflon of Transaction or Credlt Amount 74071 93PSOOXTMJJB 12/28 12/28 PAYMENT - THANK YOU LAS VEGAS NV -64.00 Fees F572700PU000Y1000 12/28 12/28 EXPRESS PAYMENT FEE LAS VEGAS NV 9.95 F572700PU000YD000 12/28 12/28 EXPRESS PYMT FEE CREDIT LAS VEGAS CREDIT -9.95 F5727000P0000YLAC 01/23 01/23 ANNUAL FEE 02/19 THROUGH 02/19 8.25 01/23 01/23 LATE FEE 35.00 TOTAL FEES FOR THIs PERIOD 43.25 Interest Charged 01/23 01/23 Interest Charge on Purchases 38.23 01/23 01/23 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 38.23 2019 Totals Year-to-Date Total fees charged in 2019 $43.25 Total interest charged in 2019 $38.23 YOUR ACCOUNT Is PAST DUE. IT IS NOT TOO LATE TO PROTECT YOUR CREDIT RATING! PLEASE PAY THE MINIMUM AMOUNT DUE NOW OR CALL (888) 729-6274. If your account is past due you could get help. You have Credit Protection - Request benefits today. It can help make payments if you get laid off or become disabled, and there is a loss of life benefit, boo. Call 1-866-803-1746 to request benefits today! INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 26.15%(v) $1 ,754.59 $38.23 Cash Advances 26.15%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 23 190123 o x PAGE 1 o1 1 2 o 5127 9620 M115 01505335 Please return His portion with your payment and write your account number on your check. made payable lo CREDITONE BANK PAYYOUR BILL ONLINE at CredltOneBank.oom Account Number: - 5831 New Balance: $1 £43.03 Minimum Payment Due: $220.00 Payment Due Date: 02/1 9/1 9 AMOUNT ENCLOSED: Crgéi§5§§§* For address, telephone and small changes, please complete the reverse side. Or, update your contact Informaflon onllne at www.CredIIOneBank.oom. CREDIT ONE BANK SANJAY JAYAWARDENA PO BOX 60500 830 SARATOGA AVE APT C305 CITY OF INDUSTRY CA 91 71 6-0500 SAN JOSE CA 951 29-2607 EXHIBIT B CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 5831 June 24, 2019 to July 23, 2019 PAYMENT INFORMATIONSUMMARY OF ACCOUNT ACTIVITY Previous Balance $2,285.44 Payments - $0.00 Other Credits - $0.00 Purchases + $0.00 Cash Advances + $0.00 Fees Charged + $43.25 Interest Charged + $44.44 New Balance $2,373.13 Credit Limit $1 ,825.00 Available Credit $0.00 Statement Closing Date 07/23/19 Days in Billing Cycle 30 QUESTIONS? Call Customer Service or Report a Lost or Stolen Credit Card 1-877-825-3242 Oufiide the U.S. Call 1-702-405-2042 Please send billing inquiries and correspondence to: P.O. Box 98873, Las Vegas, NV 89193-8873 New Balance Past Due Amount Amount Due This Period Mlnlmum Payment Due Payment Due Date Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35. Mlnlmum Payment Wamlng: If you make only the mlnlmum payment each peflod, you wlll pay more in interest and it will take you longer to pay ofi yuur balance. $2,373.13 $71 6.00 $1 £92.13 $2,373.13 08/1 9/19 For example: If you make no You wlll pay ofi the And you wlll addlflonal charges balance shown on end up paylng using this urd and the statement in an esfimatad each month you pay... about... total of... Only the mlnlmum payment 1 months $2,373.00 If you would like a location for oredlt oounsellng services, call 1-866-515-6720. TRANSACTIONS Reference Number Tmns Date Post Date Description of Transaction or Credlt Amount Fees F57270060000CYLAC 07/23 07/23 ANNUAL FEE 08/19 THROUGH 08/19 8.25 07/23 07/23 LATE FEE 35.00 TOTAL FEEs FOR THIs PERIOD 43.25 Interest Charged 07l23 07l23 Interest Charge on Purchases 44.44 07l23 07I23 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 44.44 2019 Totals Year-to-Date Tohl fees charged in 2019 $302.75 Total interest charged in 2019 $290.34 Your account is currently closed. Annual Fee Notice. The Annual Fee for your Account of $99 will continue to be billed monthly at $8.25 for the coming year. See the Annual Fee Noticeand other important information on the reverse. INTEREST CHARGE CALCULATION Your Annual Pementage Rate (APR) is the annual interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) lnterasi Rate lnterasi Charge Purchases 26.15%(v) $2,039.54 $44.44 Cash Advances 26.15%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 23 190723 0 CXPAGE 1 of 1 2 o 5727 9620 M115 o1GR5385 Please return His portion with your payment and write your account number on your check. made payable lo CREDITONE BANK Crgéi§5§§§* For address, telephone and small changes, please complete the reverse side. Or, update your contact Informaflon onllne at www.CredIIOneBank.oom. CREDIT ONE BANK PO BOX 60500 CITY OF INDUSTRY CA 91 71 6-0500 PAYYOUR BILL ONLINE at CredltOneBank.oom Account Number: New Balance: $2,373.1 3 Minimum Payment Due: $2,373.13 Payment Due Date: 08/1 9/1 9 -5831 AMOUNT ENCLOSED: SANJAY JAYAWARDENA 830 SARATOGA AVE APT C305 SAN JOSE CA 951 29-2607
