Complaint Limited Up to 10KCal. Super. - 6th Dist.April 30, 2021E-FILED 4/30/2021 9:22 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381143 Reviewed By: R. Cachux 21CV381143 \DOO\IO\UI#UJN 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, #323159 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 FOR COMMON COUNTS ALFREDO CASTANEDA , an individual; and 1. Account Stated DOES 1 through 100, inclusive, 2. Open Book Defendants. Demand Amount: $4,896.45 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 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 to allege their true names and capacities when ascertained. Plaintiff is informed and believes and, on 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 0f DOES 51 through 100, inclusive, believes they Complaint for Common Counts - 1 - \OOOQON 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 described in this Complaint. Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will seek leave to 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 0f the remaining Defendants and was, in doing the things complained 0f, 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 District. 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 9928 (hereinafier 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 06/22/2020, the date the Account was charged off by Citibank, N.A., the balance on the Account was $4,896.45. 9. The last payment on the Account by Defendant(s) was 11/1 8/2019. 10. At the time the Account was charged-off, the name and address of 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 9928. Complaint for Common Counts - 2 - MhWN \OOOVQ 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 of the Account was ALFREDO CASTANEDA 767 N 14TH ST SAN JOSE, CA 951 120000. 12. The names and addresses of all persons or entities that purchased the Account afier 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 0f 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 subj ect 0f the lawsuit were assigned t0 Plaintiff. 13. Plaintiff has 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 0f $4,896.45. 17. Defendant(s)’ last payment was made on 11/1 8/2019. 18. Defendant(s), and each 0f them, are in default in that they have failed t0 pay the balance due. 19. Therefore, Defendant(s), and each ofthem are in default in the sum 0f $4,896.45. 20. As the sole owner of the Account, Plaintiff is entitled t0 the sum 0f $4,896.45. 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, t0 Plaintiff, said amount. Complaint for Common Counts - 3 - OOOQG 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. 0n an open book account for money due in the sum of at least $4,896.45. 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 ofthem, the sum of $4,896.45. 24. As the sole owner 0f the Account, Plaintiff is entitled to the sum 0f $4,896.45. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES OF ACTION: 1. For the charged-offbalance 0f $4,896.45; 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 2 2021 QUALL CARDOT LLP By}? [ ]\Matthew W. Quall RRanj eet 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: CVSMUMAAOSOQZO Document ID: CVSMUMAAOB I920Cl Document ID: 081020CV IMUSFMGl AFFIDAVIT 0F SALE 0F ACCOUNT r State of Missouri County of Platte Terri Bergman, being duly sworn, deposes and says: lam an authorized employee of Citibank, N.A. (“CBNA”) located at 5800 South Corporate Place, Sioux Falls. SD 57 108 am authorized to make the statements and representations herein and I am over 18 years of age. In this 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 AccounIS) by a Master Purchase and Sale Agreement dated March 9, 2020 and Addendum No. l dated March 19, 2020 to Cavalry SPV I, LLC. As part 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. I 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 2 9' dayMW, anaa . W 1 Terri Be Sworn before me this 2 q day of A “50 5* ,_3 O 9.0 7fW Notary Public (Notary Seal) My Commission Expires:”lg: G J KARE 8mm?Pmaw Commuter).1W Cavalty 030920 I Comract 1D: CV8MUMAA030920 Document ID: CVBMUMAAOB I920Cl Document ID: 08l020CVIMU3FMGI CERTIFICATE 0F CONFORMITY STATE OF MISSOURI CITY 0F KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted lo practice in the State of Missouri and is a resident of 2517?”; County. in the State of uggm ; that he/she 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 63KB" , a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being the 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. 08- £74030 moébflaz‘7 Date W, tomey aw 7 Cnvntry 030920 2 Contract ID: CV8MUMAA030920 Document ID: CVSMUMAA031920C l Document ID: 081020CVlMU3FMBl BILL 0F SALE AND ASSIGNMENT April 2018 Brands Fresh Flow Accounts THIS BILL OF SALE AND ASSIGNMENT dated August l9, 2020, is by CitflJank, 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 of the Delaware, with its headquarters/principal place of business 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. 1 dated March 19, 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. ' By: US$95” (Signatué) Name; StevenDasch ,7 7 _ Title: Authorized Patty Cavalry 030920 l Contract ID: CV8MUMAA030920 Document ID: CVSMUIMAA03 l920C l Document ID: 08 l020CV lMU3FMA] 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” ALFREDO CASTANEDA Member Since 2013 Account number ending in: 9928 Billing Perlod:10/23/19-11/22/19 NOVEMBER STATEMENT www.cltlcards.com Customer Servlce I-BOO-THANKYOU(l-800-842-6596) TTY-hearing-impaired services only 1-877-693-0218 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Mlnlmum payment due: $102.73 Prewous balance 53359-82 New balance as of 11/22/19: $3,981.04 Payments ‘5‘09-82 Payment due date: 12/20/19 C'Ed'ts 'SO‘OO See_the last page of this statement for Important Information about how to Pu rChaseS +$68'31 avond paying In erest on purchases. Cash advances +$0,00 Fees +$0.00 Late Payment Warnlnq: If we do not receive your mlnlmum payment by the 'ntereSt +$62‘73 date listed above, you may have to pay a late fee of up to $39 and your APRs New balance $3,981.04 may be increased up to the Penalty APR of 29.99%. Mlnlmum Payment Warnlnqzlf you make only the minimum payment each credit Limit period. you will pay more in interest and it will take you longer to pay off your Credit limit $4,400 ba‘ance- For examp'ei Includes $600 cash advance Iimlt If ou make no additiona! You will a off the And ou will end u - . chyarqes using this card balance sphgwn on this aylnyq an estlmatepd Ava'lab'e cred't $418 and each month you pay... statement ln about... otal of... Includes $418 available for cash advances Only the minimum payment 17 year(s) $9.029 $5,220 $145 3 year(s) (Savings=$3,ao9) For information about credit counseling services. call 1877-3378187. Pay your blll trom virtually anywhere thankyoucm.from Total ThankYou Member Available Point Balance: as of 10/31/19 about your rewards. 2,046 » See paqe 3 for more Information wlth the Cltl Moblle® App and CltP Onllne To download: Text 'AppIS' to Mycltl (692484) or go to your device's app store. 0r vlsit www.cltlcards.com 000000 MC 00 A 0 ALFREDO CASTANEDA 767 N 14TH ST SAN JOSE CA 95112-3007 Minimum payment due $102.73 New balance $3,961.04 Payment due date 12/20/19 Amount enclosed: Account number ending in 9928 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 -_-_9326_ www.cltlcards.com ALFREDO CASTANEDA Account Summary Trans. Post date date Description Customer Service 1-800-THAN KYOU(1-800-842-6596) Page 2 or 2 TTY-hearing-impaired services only 1-877~693-0218 thankyou cm.Amount from Payments, Credits and Adjustments 11/18 ONLtNE PAYMENT, THANK YOU Member ID: 8910237222985129 Standard Purchases 11/13 11/13 CHEVRON 0304092 SAN JOSE Fees charged Total fees charged In thls bllllnq period $109.82 ThankYou Points Earned This Period 2x at Restaurants O 2x on Entertainment O CA $5831 1x on Other Purchases 68 Total Earned 68 $0.00 » Visit thank_y9g,g9m to redeem points or see full rewards Interest charged detail-‘u Date Descriptlon Amount Bonus Points may take one to two billing ' cycles to appear on your statement. Please 11/22 INTEREST CHARGED TO STANDARD PURCH $62.73 refer to the specific terms and conditions Total Interest charged ln thls blIllnq period $62.73 pertaining to the promotlon for further $2019 totals year-to-date 2 Total fees charged In 2019 details. $0.00 Total Interest charged In 2019 : Interest charge calculation i Your Annual Pamcntaqe Rate (APRNs the annual Interest rate on your account. V v k i I ‘ $556J9 Days In billing cycle:3H Annual percenta e Balance subject é é Balance type rate (AP ) to Interest rate Interest charge; j...P...U.|.QCHASES .................. Standard Purch 18.49% (v) 53.994.311.63 ----- $62.73 ' {ADVANCES ' standard Adv 26.74% (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). Account messages ©2018 Citibank, N.A. 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