Complaint Limited Up to 10KCal. Super. - 6th Dist.April 30, 2021E-FILED 4/30/2021 9:16 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381139 Reviewed By: Ashley Mackenzie 21CV381139 6350916 [U 9 10 H 12 l4 15 16 l7 18 l9 20 2| 22 23 24 25 26 27 28 Matthew W. Quull. #1 83759 Ranjccl K. Brar. #297142 Tiffany A. Pack. #323 l 59 Claudia Yvette Case. #328212 Ingrid V. Cacro, #3 l 7349 Quall (‘urdol LLP 205 East River Park Circle, Suite #l lO Fresno, (‘alifomia 93720 (888) 289-1231 Phnnc (559) 4] 8-0330 Fax Attumcys 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 FORCOMMON COUNTS GERALD R REYES , an individual; and l. Account Stated DOES l through 100, inclusive, 2. Open Book Defendants. Demand Amount: $3,429.21 BACKGROUND ALLEGATIONS l. At all times herein mentioned. Plaintiff was, and now is, a limited liability company with its principal place 0f business located in Valhalla, New York, and at all times mentioned herein, was, and now is, authorized to d0 business in the State of California. 2. Plaintiff is ignorant of the true names and capacities 0f Defendants sued herein as DOES 1 through 50‘ inclusive, and therefore sues these Defendants by fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. PlaintifT is informed and believes and, 0n that basis, alleges that each ofthcse fictitiously named Defendants is responsible in some manner for the acts 0r omissions in this Complaint, and that Plaintiff‘s damages and injuries were proximately caused by the acts 0r omissions of these Defendants. Complaint for Common Counts - l - 10 ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 3. Plaintiff knows thc identities of DOES 51 through 100. inclusive. believes thcy have damaged i1. but is unaware 0f their capacity or conduct as described in this Complaint. Because Plaintiff is ignorant ot'their capacity 0r conduct. it sues thcm fictitiously. Plaintifi'will scck lcuvc to amend thc Complaint whcn it has knowledge of facts indicating the true nature 0f their capacity and conduct in the events described in this Complaint. 4. At all times mentioned in this Complaim‘ each Defendant was the agent, servant. and/or employee ofcach of'thc 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, 0r its principals or employees. 5. Defendants. and each of them. reside in this Judicial District. The account herein described was entered into and/or performed in this Judicial District such that this Judicial District is the propeT venue for this action. (California Code of Civil Procedure section 395.) The obligafion sued upon is not subject t0 the provisions ofCalifomia 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-off consumer debt for collection purposes. as defined in California Civil Code section 1788.50. subdivision (a)(l). The nature of the underlying debt and transaction which forms the basis for this complaint stems from the issuance 0f credit on an account Defendant(s) held with Citibank. N.A. account number ending in 4610 (hcreinafier referred to as thc “Acc0unt“). and Defendant(s)’ failure to pay the balance due on the Account, resulting in a default 0n the Account by Defendant(s). 7. Plaintiff is the sole owner ofthe Account which forms the basis for this Complaint. 8. As of 07/06/2020, the date the Account was charged off by Citibank, N.A., the balance 0n the Account was 83,4292 l. 9. The last payment on the Account by Defendant(s) was I 1/12/2019. lO. At the time the Account was charged-off, the name and address of the charge-off creditor and the chargc-off creditor's account number associated with the Account was: Citibank. N.A. BOX 6500 SIOUX FALLS, SD 571 l7. account number ending in 4610. (‘omplainl for Common Counts - 2 - h.) KI! \IO 10 ll 12 l3 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 l 1. The numc and last known address ofthc Defendant“) as they appeared in Citibank. N.A.‘s records prior t0 the sale 0f the Account was GERALD R REYES l504 CLIFFWOOD DR SAN JOSE, CA 951220000. 12. The names and addresses ofall persons 0r entities that purchased the Account aflcr charge-off. including Plaintiffare as follows: Cavalry SPV l. LLC 500 Summit Lake Drive. Suite 400 Valhalla. NY 10595. (True and correct copies 0fthe chain Oftitlc reflecting the purchasers ofthe Account up through and including Plaintiff arc attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit l.) All rights, title, and interest in the Account, which is the subject Ofthc lawsuit were assigned t0 Plaintiff. 13. Plaintifi'has complied with California Civil Code section 1788.52. l4. A true and correct copy 0f a contract or other document described in subdivision (b) of section 1788.52 of the California Civil Code is attached hereto and incorporated herein by reference as though fully sct forth herein as Exhibit 2. FIRST CAUSE 0F 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 ofthem, and Citibank, N.A. in the sum 0f$3,429.21. 17. Defendant(s)’ last payment was made on l 1/12/20] 9. 18. Defendant(s). and each 0f them, are in default in that they have failed to pay the balance due. l9. Therefore, Defendant(s), and each of them are in default in the sum of $3,429.21. 20. As the solc owner ofthe Account. Plaintiffis entitled t0 the sum “$3,429.21. 21. N0 pan 0f said sum has been paid. although demand therefor has been made. and there is now due, owing and unpaid from said Dcfendant(s), and each of them, to Plaintiff, said amount. Complaint for Common Counts - 3 - Ix) w 'JI 10 n 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND CAUSE OF 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. Detbndant(s). and each ot‘them. became indebted t0 Citibank. N.A. on an open book account for money due in the sum 0f at least $3,429.21. Although demand therefore has been made, said Dcfendant(s), and each ofthem. have failed and refused t0 pay said agreed balance. There is now due, owing and unpaid from said Defendant(s), and each ofthcm. the sum 0f$3.429.2!. 24. As the sole owner ofthe Account. Plaintiffis entitled t0 the sum of53.429.2l. WHEREFORE, Plaintiff prays for judgnent against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES 0F ACTION: l. For the charged-offbalance of$3,429.21; 2. For costs of suit incurred herein; and 3. For such other and funher relief as the Court may deem just and proper. Dated: AER 2 I 2021 QUAL CARDOT LLP By [ ] Matthew W. Quall fl Ran'eet K. Brar[ TiffJany A. Pack I ] Claudia Yvette Case ] Ingrid V. Caero Attorneys for Plaintiff CAVALRY SPV I, LLC Complainl for Common Counts - 4 - EXHIBIT 1 Contract ID: CVSMUMAA030920 Documcnl ID: CVBMUMAA03 I 920Cl Documcm ID: MIWVIMU3FMGI AFFIDAVIT OF SALE 0F ACCOUNT Slate of Missouri County of Platte Terri Bergman, being duly sworn. dcposes and says: I am an authorized employee of Citibank, NA. (“CBNA”) located at 5800 South Corporate Place. Sioux Falls. SD 57108 am authorized to make the statements and mprcscntnliom herein and I am over l8 years of age. In this position. l have access to the creditor‘s books and records and am aware of the process of the sale of accounts and electronic storage of businms racords. On or about August l9. 2020. CBNA sold a pool of chargcd-off accounts (the AccounIS) by a Master Purchase and Sale Agreement dated March 9. 2020 and Addendum No. l dated March I9. 2020 to Cavalry SPV l. LLC. As pan of the sale of the Accounts. certain electronic records were transferred on individual accounts to the dcbl buyer. These records were kcpt in the ordinary course of business of creditor. I am not aware of any errors in the information provided about Lhe Accounts. 11: above statements are true to Lhc bat of my knowledge. Signed this a 4 «yaw. aaaa. Terri Be Swomberommmis 1" dayor Aksum- , .9030 7! K(M/ Notary Public (Noury Seal) My Commission Expims; 0 Jm sun:WW aa- cqmcu"m twangV“Y WEu”M ‘6.m Cavalry 030920 l Conlrucx ID: CV8MUMAA030920 Documcnl ID: CV8MUMAA03I920CI Document ID: 08 IOZOCV IMUJFMGI CERTIFICATE 0F CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned docs hereby certify that he/shc is an attorney at law duly admitted lo practice in the Stale of Missouri and is a resident of 2/532 County. in the Stale of Mm ; [hat hclshc is a person duly qualified to make Lhis certificate of conformity pursuant to the laws of the Stale of Missouri; lhnl {he foregoing acknowledgment by Terri Bergman named in the foregoing instrument taken beforei. a Notary in the State of Missouri. was mkcn in the manner prescribed by such laws of the Slalc of Missouri. being the State in which it was taken; nnd that il duly conforms with such laws and is in all respects valid and effective in such stale. 08vi‘rm :- / Date lomey aw Clvalq 030920 2 Contract 1D: CVBMUIIAAOM Documcnt ID: CVBMUMAMMWI Document ID: OBIOZOCVIMIT'SFMBI BILL 0F SALE AND ASSIGNMENT April 20l8 Bnnds Fresh Flow Accounts THIS BILL OF SALE AND ASSIGNMENT dated August l9, 2020, is by Citibafi, NA.. a national banking association orynized under the laws of the United States, located at 58w South Corporate Place, Sioux Falls, SD 57 l08 (the "Bank") to Cavalry SPV l. LLC. organizd mda II: laws ofthe Delaware. with its hadquaners/principal place ofbusiness at 500 Summit IA: Drive, Suite 400. Valhalla, NY |0595 ("Buyer"). For value received and suhect to the terms and conditions of the Master Purchase md Sale Agreement dated March 9, 2020 1nd Addendum No. l dated March l9, 2020, between Myer and the Bank (the "Agreement"). the Bank does hereby transfer, sell, assign, convey, gnu. buyin, set over and deliver to Buys, and to Buyer's successors and assigns. the Accounts buibcd in Exhibit l to the Addendum ad the final electronic file. Ciu'bnnk. NA. Sac) (Sisna Nunez S‘OVOD Dlld'l Title: Authorized Puty Cunh'y 030920 l Comracl ID: (‘VMJMM030920 Documem ID: CV8MU'MAA03I92M‘I Documenl ID: 08 l021V IMUJPMAI Exhibit l The individual Amounts transferred are described in the final electronic filead delivaed by the Bank to Buyer, the same deemed attached hereto by this reference. # of Lot Sale 1D Accounts Sale Balance Cm-Ofl' Date Brands 081020CV1MU3FM - - W100”. Fresh Flow (‘Ivnh'y 03w20 EXHIBIT 2 Cii TliauPeenkYofifirefrr‘d Card GERALD R REYES www.cltlcards.com Member Since 2013 Account number ending in: 4610 Custom" “wk. pmnmmwoun.3oo.e4z.5595) Bllllng Per100211/07/l9-12/05ll9 TTY~hear|nq impaired seMces only 187769370216 BCX 6500 SIOUX FALLS, SD 57117 Your account ls past dun. Please pay at afnclfingRa :‘TeAnIEdfiNT $102 1° least the mirimum payment due, which p y ‘ ' includes a pat due amounl o! $0.00 and anNew balance as of 12/05/19: $2,884.35 overlimit a t0, $3435Payment due date: 01/02/20 H ‘ gsg‘éngabalalgplflgrgétlglrs‘ 3351235! for Important lntormallon about how lo ggsiggggar‘clzmary $2 926 16 Payments $292.30 Lou Payment Warning: If we do not receive your mlnlmum payment by the Credits -$o_oo date Ilsted above. you may have lo pay a late fee o! up to $39 and your APRs purchases +$211,74 may be Increased up lo the Penalty APR of 29.99%. Cash advances +$o,00 Mlnlmum Payment Warnlw If you make only the mlnlmum payment each Fees *50‘00 period, you will pay more in Interest and ll will take you longer to pay off your Interest +$38.75 balance. For example: N.“ “Ian“ $2,884.35 I1 you make no aaaltlonal You um pay 0H the Ana you wlll end up charges us|nq mls card balance shown on this ?cylnq'"an astlmltod cred" Um"and ncn month you pay... stllemont In amt... tal o! Credit Hmit $2,850 Only me minimum paymem ‘5 year(s) 5&214 Includes 550° (3,,m,“ "m" $3.744 $104 3 year‘s) (Savlnqs=$2.470) For intormatlon about credit counseling services. call 18773378187. thankyouA. from Cltl Total ThankYou I‘m Available Palm Bianca: 5 21 as of 11/30/19 n Soc me 3 Int mom Information about yourmm Pay your blll Irom virtually unmet. Mlnlmum payment du. $102.10 with tn. cm Moon! App and cm' Onlin- New balance $2,864.35 Io combat cm 1m uppIs-Io Mycm (502494) Pflvment dl-II dlte 01/02/20 or 90 lo your nevlce‘s app store. 0 vlslmsmur-M Amount enclosed: oooooo Mc oo A o Account nunm etninq in 4610 GERALD R REYES CITI CARDS 1504 CLIFFWOOD DR Po Box 75045 SAN JOSE CA 95122-2032 Phoenix, Az 65062-8045 ___---....-w www.cltlcards.com Customor SONIC. I-BOO-THANKYOU(‘I‘BOO-BAZ-GSQG) Page 2 o! 3 TTtheavlnqlmpalreo services only I 877 693 0218 GERALD R REYES Important Changes to Your Account Terms The following is a summary of changes being made t0 your account lelms. These changes will take eHecl on OZ/O’i/ZOZOIOI more information, please see"Dflalls About tho Chanqcs"below. Revised Terms. as of 02/01/2020 Late Payment Up to S40 Fee Returned Up to $40 Payment Fee Dotalls About (ha Changes: The following paragraphs replace the corresponding palaqtaphs in your Card Agieemenl. Late Fee: Up l0 $40. We have lhe rith lo charge you a late fee if you don't pay at least an amounl equal lo lhe Minimum Payment Due minus any Overlimil Amount by the payment due date. The lale fee is $29 and, if you make anothel Late Payment within (he nexl 6 Billing Pen'ods the late fee will be $40. The amount of your late fee will never be higher than yout Minimum Payment Due. Relumed Payment Fee:Up lo $40. We have the right to chalge you a Returned Payment fee of $29 it yout bank doesn't honor your payment. H thal happens, we'll resubmit the payment request. ll your bank doesn't honor another payment within 6 consecutive Billing Periods, the Returned Payment fee will go up lo $40. This amends your Cald Agreement. Ptease keep this information for future refetence. Account Summary Trans. Post date date Plymcnu. Credlt: ma Adm: "/12 PAYMENT THANK vou $292.30 standard Purchaus 11/27 “/27 CHEVRON 0091325 SAN Jose CA $48.43 12/01 " 12/01 MARKETOWORK 2067379149 Ramon WA $3.30"""""""""" 12/02 pANDA EXPRESS mac rREMONT CA $11.25 ' 12/02 """ CHEVRON 0203722 Los GATo§ """ CA $11.55 Purchuns Prlor to 11/27/19 "/21 n/zu SHELL on. 10008273003 SAN .1055 CA $32.42 31/22 T1723.” DENNVS aeaea ONLINE SAN Jose CA $39.06 11/22 """"" "/22 ""MAPLE LEM uouons SAN Jose CA $14." ii’izz 11/22 TELEVEN 14230 "'SAN JOSE CA " """" $1561 11/22 11/22 3'-'£LEVEN 14230 SAN JOSE CA $17.46 ""11/23 suemv 00442392 SAN .105: CA 5437 11/2311/23 """" CARLs JR 1101035 SAN Josc CA $1413 Fees charged Descnptlon Amount Totll hos cmrqod In this blhg perm $0.00 thankyou Cm.Mér- Momber ID: 89‘0237216374223 ThankYou Points Earned Thls Forlod 2x at Restaurafls 145 2x on Enlevlainmenl O 1x on Olhel Purchases 139 Total Earned 284 » Vlslt thankyou.com to redeem points or see full rewards Ge(alls. Bonus Points may take one to two Dllllnq cycles lo appear on your statement. Please reler lo the speclflc terms and condltlons penalnlng to lhepvomotlon tor turther aetaus. www.cltlcards.com Custom" Survlco l-BOO-THANKYOUn-Boo-Mz-Gsfl) TTY-hearlnq'lmpalred services only 1787769370218 GERALD R REYES Interest charged Dal Ion Amount 12/05 INTEREST CHARGED TC PUR PR’H/27/19. Tom lnnrcn cnquod |n thb olllhq period 2019 totals year-to-date Total fus charqod In 20l9 $99.00 ‘ Total Interest charged In 2019 $355.00 Interest charqe calculatlon pays In mmnq cycle:29 You: Annual Poruntm R 5%- Bllonct subnd Bullnco type It to Intern! rut- LEHBEEEEE................................................................................................... S‘anaard Purch 17.49% (V) $18.78 (D) s. ADVMCES ............................................................................... ‘ Standard Aav r 26.74% (V) $0.00 (D) Your Annuai Percemaqe Rate (APR) is me annual interes rate on your account. APRs [allowed Dy (V) may vary. Balances followed by (D) are determlneu by me daily balance method (including current transactions). Account messages ©2018 Citibank, N.A. Citi, Cili with Arc Design, Citi ThankYou. ThankYou and Citi ThankYou Rewards Design are registered service marks of Citigroup Inc. Page 3 ol 3
