Complaint Limited Up to 10KCal. Super. - 6th Dist.April 30, 2021E-FILED 4/30/2021 9:18 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381140 Reviewed By: Ashley Mackenzie 21CV381140 6350950 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew W. Quall, #1 83759 Ranjeet K. Brar, #297142 Tiffany A. Pack, #323 1 59 Claudia Yvette Case, #328212 Ingrid V. Caero, #317349 Quall Cardot LLP 205 East River Park Circle, Suite #1 10 Fresno, California 93720 (888) 289-1231 Phone (559) 418-0330 Fax Attorneys for Plaintiff CAVALRY SPV I, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF Santa Clara CAVALRY SPV I, LLC, Case No. Plaintiff, Limited Civil Case v. COMPLAINT FORCOMMON COUNTS CHRISTIAN DIAZRUEDA , an individual; 1. Account Stated and 2. Open Book DOES 1 through 100, inclusive, Defendants. Demand Amount: $8,306.86 BACKGROUND ALLEGATIONS 1. 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 to do business in the State of California. 2. Plaintiff is ignorant 0fthe 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. Plaintiff is informed and believes and, 0n that basis, alleges that each ofthese fictitiously named Defendants is responsible in some manner for the acts or omissions in this Complaint, and that Plaintiff’s damages and injuries were proximately caused by the acts or omissions of these Defendants. 3. Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they Complaint for Common Counts - l - \OOONQUIAUJN 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 of their capacity or conduct as descn'bed in this Complaint. Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will seek leave t0 amend the 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 0f each of the remaining Defendants and was, in doing the things complained of, within the scope of his, her, or its agency and employment, and acting with full knowledge or subsequent ratification of his, her, or its principals or employees. 5. Defendants, and each of them, reside in this Judicial Diétrict. The account herein described was entered into and/or performed in this Judicial District such that this Judicial District is the proper venue for this action. (California Code of Civil Procedure section 395.) The obligation sued upon is not subject to the provisions of 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-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 6133 (hereinafter referred to as the “Account”), and Defendant(s)’ failure to pay the balance due on the Account, resulting in a default on 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 $8,306.86. 9. The last payment on the Account by Defendant(s) was 1 1/21/2019. 10. At the time the Account was charged-off, the name and address 0f the charge-off creditor and the charge-off creditor’s account number associated with the Account was: Citibank, N.A. BOX 6500 SIOUX FALLS, SD 571 17, account number ending in 6133. Complaint for Common Counts - 2 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 . The name and last known address ofthe Defendant(s) as they appeared in Citibank, N.A.’s records prior to the sale ofthe Account was CHRISTIAN DIAZRUEDA 1596 MAIN ST SANTA CLARA, CA 950500000. 12. The names and addresses of all persons or entities that purchased the Account after charge-off, including Plaintiff are as follows: Cavalry SPV I, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595. (True and correct copies of the chain of title reflecting the purchasers of the Account up through and including Plaintiff are attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 1.) A11 rights, title, and interest in the Account, which is the subject of the lawsuit were assigned to Plaintiff. 13. Plaintiffhas complied with California Civil Code section 1788.52. 14. A true and correct copy of 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 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. 16. An account has been stated between Defendant(s), and each ofthem, and Citibank, N.A. in the sum of$8,306.86. l7. Defendant(s)’ last payment was made on 11/21/2019. 18. Defendant(s), and each of them, are in default in that they have failed to pay the balance due. 19. Therefore, Defendant(s), and each ofthem are in default in the sum of $8,306.86. 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $8,306.86. 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 0f them, to Plaintiff, said amount. Complaint for Common Counts - 3 - \OOOflQUI-hWN 10 11 12 13 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, Defendant(s), and each 0f them, became indebted to Citibank, N.A. on an open book account for money due in the sum of at least $8,306.86. Although demand therefore has been made, said Defendant(s), and each of them, have failed and refused t0 pay said agreed balance. There is now due, owing and unpaid from said Defendant(s), and each 0fthem, the sum 0f $8,306.86. 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $8,306.86. WHEREFORE, Plaintiff prays for judgnent against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES OF ACTION: 1. For the charged-offbalance of $8,306.86; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Dated. APR 2 3 2021 QUAL \CARDOT LLP By [ ] Matthew W. Quall Ranjeet K. Brar [ ] Tiffany A. Pack [ ] Claudia Yvette Case [ ] Ingrid V.Caero Attorneys for Plaintiff CAVALRY SPV I, LLC Complaint for Common Counts - 4 - ” EXHIBIT ”1” Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA03 |920Cl Document ID: 08 l OZOCV l MU3FMGI AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Terri Bergman, being duly swom, deposes and says: I am an authorized employee of Citibank, N.A. (“CBNA”) located at 5800 South Corporate Place, Sioux Falls, SD 57108 am authorized to make the statements and representations herein and I am over 18 years of age. 1n Lhis position, I have access to the creditor's books and records and am aware of the process of the sale of accounts and electronic storage of business records. On or about August l9. 2020, CBNA sold a pool of charged-off accounts (the AccountS) by a Master Purchase and Sale Agreement dated March 9, 2020 and Addendum No. 1 dated March 19. 2020 to Cavalry SPV I, LLC. As pan of the sale of the Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. l am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. Signed this 3 4 dayar, $03a . Terri Be Sworn before me this 2 q day of A “50 5* . .2 0 30 7!W Notary Public (Notary Seal) My Commission Expires: Angus, 152022 G J KARR Stale o;Mwafiy MY Commission Exam £3312 2022 Cavalry 030920 I Contract 1D: CV8MUMAA030920 Document ID: CVBMUMAAOS I920Cl Document ID: 08 l 020CV lMU3FMGI CERTIFICATE 0F CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of Missouri and is a resident of E/AWE County, in the State of Mm ; that he/shc is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of Missouri; that the foregoing acknowledgment by Terri Bergman named in the foregoing instrument taken before GJKG" , a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being the Slate in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. 08v é7-JOQD ‘L 5/6? Date tomey aw Cavalry 030920 2 Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA03 l920C1 Document ID: (BIOZOCVIMU3FMB1 BILL OF SALE AND ASSIGNMENT April 2018 Brands Fresh Flow Accounts THIS BILL OF SALE AND ASSIGNMENT dated August l9, 2020, is by Citflmnk, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the laws ofthe Delaware, with its headquarters/principal place ofbusiness at 500 Summit Lake Drive, Suite 400, Valhalla, NY 10595 ("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. l dated March l9, 2020, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 to the Addendum and the final electronic file. Citibank, N.A. x1 ‘ By: ‘. fly (Signafifi) Name; Steven Dasch Title: Authorized Party Cavalry 030920 l Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA03 l 920C] Document ID: 081020CV1MU3FMA1 Exhibit 1 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. # of Lot Sale ID Accounts Sale Balance Cut-Off Date Brands 081020CV1MU3FM - - 08/10/2020 Fresh Flow Cavalry 030920 EXHIBIT ”2” CHRISTIAN DIAZRUEDA Member Since 2015 Account numberending ln:6133 Bllllng Period:11/07/19-12I05h9 DECEMBER STATEMENT Mlnimum payment due: $216.71 New balance as of 12/05/19: $6,205.47 Payment due date: 01/02/20 See the last page of this statement for Important information about how to avoid paylng In erest on purchases. Late Payment Warnlnq: If we do not receive your mlnlmum payment by the date listed above, you may have to pay a late fee of up to $39 and your APRs may be increased up to the Penalty APR of 29.99%. Mlnlmum Payment Warnlnqflf you make only the minimum payment each period, you will pay more in Interest and it wlll take you longer to pay off your balance. For example: If you make no additional charges uslng this card and each month you pay... You will pay off the And you wlll end up balance shown on thls Paying an estimated statement In about... otal of... Only the minimum payment 19 year(s) $19,625 $9.468 (Savlngs=$10,157) $263 3 year(s) For information about credit counseling services. call 1-877-337‘8187. Pay your bIII trom vlrtually anywhere with the Cltl Mobile? App and CltF Onllne . To download: Text 'AppIS' to Mycm (692484) or go to your device's app store. Or visit www.cltlcards.com OOOOOO MC 00 A O CHRISTIAN DIAZRUEDA I596 MAIN ST SANTA CLARA CA 95050-4243 www.cltlcards.com Customer Servlce I-BOO-THANKYOUU-B00-842-6596) TTY-hearing-impaired services only 1-877-693-0218 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Previous balance $6,808.39 Payments $757.63 Credits -$0.00 Purchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$154.71 New balance $6,205.47 Credit Limit Credit limit $6,760 Includes $0 cash advance limit Available credit $554 thankyoucm.from Total ThankYou Member Available Point Balance: O as of 11/30/19 » See page 3 for more Information about your rewards. Minimum payment due $216.71 New balance $6,205.47 Payment due date 01/02/20 Amount enclosed: Account nuntet ending in 6133 CITI CARDS PO BOX 78045 Phoenlx, AZ 85062-80A5 ___-5133_ www.cltlcards.com Customer Servlco 1-800-THANKYOU(1-800-842-6596) Page 2 of 3 TTY-hearing-lmpaired services only 1-877-693-0218 CHRISTIAN DIAZRUEDA Important Changes to Your Account Terms The following is a summary of changes being made to your account terms. These changes will take effect on 02/07/2020.For more information, please see"Details About the Changes"be|ow. Revised Terms, as of 02/07/2020 Late Payment Up to $40 Fee Returned Up to $40 Payment Fee We are also changing your Minimum Payment Due by increasing $25 to $35 in the calculation formula. This change applies to any Minimum Payment Due calculated on or after 02/06/2020. Details About the Changes: The following paragraphs replace the corresponding paragraphs in your Card Agreement. Late Fee: Up to $40. We have the right to charge you a late fee if you don't pay at least an amount equal to the Minimum Payment Due minus any Overlimit Amount by the payment due date. The late fee is $29 and, if you make another Late Payment within the next 6 Billing Periods the late fee will be $40. The amount of your late fee will never be higher than your Minimum Payment Due. Returned Payment Fee:Up to $40. We have the right to charge you a Returned Payment fee of $29 if your bank doesn't honor your payment. If that happens, we'll resubmit the payment request. If your bank doesn't honor another payment within 6 consecutive Billing Periods, the Returned Payment fee will qo up to $40. Minimum Payment Due.You may pay all or a part of your Account balance at any time. You must pay at least the Minimum Payment Due by the payment due date each Billing Period. Your "Minimum Payment Due"equals: Any amount past due; plus Any Overlimit Amount; plus Any Citi Flex Plan Payment Amount, plus The greater of: 1. The Adjusted New Balance, if it's less than $35; 2. $35 if the Adjusted New Balance is at least $35; 3. 1% of the Adjusted New Balance (rounded to the nearest do||ar), plus any billed Interest [or minimum interest charge], [plus any late fee]; or 4. 1.5% of the Adjusted New Balance (rounded to the nearest dollar). The Minimum Payment Due is never more than the New Balance. This amends your Card Agreement. P!ease keep this information for future reference. Important Information about Citi Flex Plans. We have updated the example in Section 3 of your Card Agreement. Please visit us online or call customer service if you would like to request a copy of your Card Agreement. Account Summary Trans. Post date date Description Amount thankygroé‘ CI’tT Member ID: 8910231122760005 ThankYou Points Earned This Period 2x at Restaurants 0 2x on Entertainment 0 1x on Other Purchases 0 Total Earned 0 » Visit §hankyoy_,c_<>m to redeem points or see full rewards details. Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. www.cltlcards.com CHRISTIAN DIAZRUEDA Customcr Servlce 1-800-THANKYOU(1-800-842-6596) TTY-hearing-lmpaired services only 1-877-6930218 Trans. Post date date Descriptlon Amount Payments, Credlts and Aastmen‘ts 11/21 ONLINE PAYMENT. THANK YOU -$757.63 Fees charged Total fees charged In thls bllllng period $0.00 Interest charged Date Descrlptlon Amount 12/05 INTEREST CHARGED TO STANDARD ADV $52.55 12/05 INTEREST CHARGED TO STANDARD PURCH $102.16 $154.71Total Interest charged In thls bllllnq perlod 1 2019 totals year-to-date Total fees charged In 2019 Total Interest charged In 2019 5 interest charge calculation $167.00 $107.95 Days In bllllng cycle:29 ‘ Your Annual Percentage Rat: (APRNS the annual Interest rate on your account. Annual percentage Balance subject ‘ Balance type rate (AP ) to Interest rate Interest charqe‘ PURCHASES ‘ Standard Purch 29.99% (v) $4,287.75 (D) $102.16 y ADVANCES ‘ standard Adv A_ 29.99% (V) $2,205.40 (D) $52.55; 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 ©2018 Citibank, N.A. Citi, Citi with Arc Design, Citi ThankYou, ThankYou and Citi ThankYou Rewards Design are registered service marks of Citigroup Inc. Page 3 of 3
