Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 28, 2021\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/28/2021 3:37 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 132 MANDARICH LAW GROUP, LLP - . 13.0. Box 109032 Chicago, 1L 60610 ReV'ewed By' ASh'ey M Phone: 877.285.4918 6337025 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 132 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED Lisa R Schrader, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $4,068.90 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, Citibank (South Dakota), 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 Citibank, N.A., 5800 South Corporate Place Sioux Falls, SD 57108, and the account number associated with this debt is XXXXXXXXXXXX6822. 4.The subj ect credit account has been purchased by the following entities after charge-off: 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 t0 Plaintiff LVNV Funding LLC, Who maintains an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville SC 29603. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 ackenzie \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 Lisa R Schrader, % FRANK L KUCERA ASS 2670 S WHITE RD #1 19, SAN JOSE, CA 95148-0000. 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, Citibank (South Dakota), N.A. or made such application over the telephone or Internet. Pursuant to the aforementioned application, Citibank (South Dakota), N.A. provided Defendant With a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX6822 (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. 1 1.Defendant agreed t0 repay Citibank (South Dakota), N.A. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase 0f goods 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 Citibank (South Dakota), N.A. and its successors in interest for the amount of 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 June 26, 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 $4,145.94, 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 $4,068.90. 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, Citibank (South Dakota), 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 Citibank (South Dakota), N.A., the Defendant(s) agree t0 reimburse Citibank (South Dakota), N.A., and hence Plaintiff as successor in interest for the costs related to the collection of amounts owing on the Account. Plaintiff has been required t0 COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO retain Mandarich Law Group, LLP to pursue collection of 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 $4,068.90 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 Citibank (South Dakota), N.A.. Although demand has been made upon Defendant, said amount 0f $4,068.90 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 $4,068.90, 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: 04/23/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S of 5 flmzflw / [X] Amber Swearingen-Ojuri, Esq. Attorneysfor Plaintifi” EXHIBIT A Citi® Dividend Card LISA R SCHRADER www.citicards.com Member Since 2013 Account number ending in: 6822 Customer Service 1-800-950-5114 BIlllng Perlod204/24/18-05/22/18 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 MAY STATEMENT Account summary Minimum payment due: $70.57 Previous balance $2,883.43 New balance as of 05/22/18: $2,846.00 anéfitents "$28.88 Pa ment due date: 06 20 18 re ' 5 ' ' y l l Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Late Payment Warninqzlf we do not receive your minimum payment by the IntereSt +$42'57 date listed above, you may have to pay a late fee of up to $37 and your APRs New balance $2,846.00 may be increased up to the Penalty APR of 29.99%. Minimum Payment Warninqzlf you make only the minimum payment each cred't L'm't period, you will pay more in interest and it will take you longer to pay off your Credit limit $3,000 balance For example: Includes $600 cash advance limit If you make no additional You will ay off the And you will end u ~ ~ charges using this card balance Ehown on this paying an estimatepd Ava'lable cred't $154 and each month you pay... statement in about... total of... Includes $154 available for cash advances Only the minimum payment 14 year(s) $6,405 $3,744 $104 3 year(s) (Savings=$2,661) For information about credit counseling services, call-. Dividend Dollars Your Dividend Dollars: 83.52 » See page 3 for more information about your rewards Pay your bill from virtually anywhere Minimum payment due $70.57 with the Citi Mobile® App and Citi® Online New balance $2,846.00 I To download: Cltl Text 'App1s'to Mycm (692484) Payment due date 06/20/18 or go to your device's app store. Or visit www.cltlcards.com Amount enclosed: oooooo v| oo A o Account number ending in 6822 LISA R SCHRADER CITI CARDS 10627 SALES RD S PO BOX 78045 TACOMA WA 98444-1620 Phoenix, AZ 85062-8045 www.citicards.com Customer Service 1-800-950-5114 Page 2 of 2 TTY-hearing-impaired services only- LISA R SCHRADER Account Summar . .y DIVIdend Trans. Post date date Description Amount DOIIarS Payments, Credits and Adjustments Your DiVidend DOIIBI'S: 05/05 ONLINE PAYMENT, THANK You $80.00 83.52 Fees charged Previous Balance 83.52 Total fees charged in this billing period $0~00 TOtal Earned 0°00 Redeemed 0.00 Interest charged Ending Balance 83.52 . . Bonus Cash Back may take one to two billing Date Descr'pt'on Amount cycles to appear on your statement. Please 05/22 INTEREST CHARGED To STANDARD PURCH $1.66 refer t0 the Specmc terms and conditions pertaining to the promotion for further details. 05/22 INTEREST CHARGED TO PUR PR'O1/12/18. $40.91 Total interest charged in this billing period $4257 2018 totals year-to-date Total fees charged in 2018 $74.00 Total interest charged in 2018 $226.52 Interest charge calculation Days in billing cyclezz9 Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 29.99% (V) $69.79 (D) $1.66 Pur Pr 011218 18.49% (v) $2,784.63 (D) $40.91 ADVANCES standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). EXHIBIT B Citi® Dividend Card LISA R SCHRADER Member Since 2013 Account number ending in: 6822 Billing Period:12/25/18-01/22/19 JANUARY STATEMENT Minimum payment due: $936.60 New balance as of 01/22/19: $4,068.90 Payment due date: 02/20/19 See.the. back of this statement for important information about how to avoid paying Interest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warninqzlf you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the And you will end up balance shown on this Paying an estimated statement in about... otal of... Only the minimum payment 17 yea r(s) $9,805 For information about credit counseling services, call 1-877-337-8188. OOOOOO VI 32 A O LISA R SCHRADER % FRANK L KUCERA ASS 2670 S WHITE RD #119 SAN JOSE CA 95148 Pay your bill from virtually anywhere with the Citi Mobile® App and Cit? Online To download: Text 'App15' to MyCltl (692484) or go to your device's app store. Or visit www.cltlcards.com www.citicards.com Customer Service 1-800-756-4000 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due. Please pay at least the minimum payment due, which includes a past due amount of $788.76. Account Summary Previous balance $3,962.06 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$37.00 Interest +$69.84 New balance $4,068.90 Credit Limit Credit limit $4,500 Includes $600 cash advance limit Minimum payment due $936.60 New balance $4,068.90 Payment due date 02/20/19 Amount enclosed: Account number ending in 6822 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 www.citicards.com Customer Service 1-800-756-4000 Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865 LISA R SCHRADER Account Summary Trans. Post date date Description Amount 01/22 LATE FEE - DEC PAYMENT PAST DUE $37.00 Total fees charged In thls bllllnq period Interest charged Date Description 01/22 INTEREST CHARGED TO STANDARD PURCH 01/22 INTEREST CHARGED TO PUR PR-O1/12/18. Total Interest charged In this billing period 2019 totals year-to-date Total fees charged in 2019 $37.00 Total interest charged in 2019 $69.84 Interest charge calculation Days in billing cyclezz9 Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge EU'FéEHA'éEé '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' """ S 'f'a'iidé'r'd"fiii'r'é'h"""""""""""""""393%);N5""""'é'ibééli'c'iibimm""""""""s"2';i'2{5" """ fiurPro112181924/(v)3296957(ms4539 'Ab'v/lfi'c'éé ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' ""é't'é'ridé'r'JAak} """"""""""""""""" 2'éjéééag'fivj """""""" é656(6) """"""""""""""" éélb'é' Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. ©2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc.