Complaint Limited Up to 10KCal. Super. - 6th Dist.April 30, 2021\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/30/2021 11:34 AM 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 160 MANDARICH LAW GROUP, LLP Reviewed By: R_ Guille, P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED Midland Credit Management, Inc, Case N0. 21 CV381 160 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED RACHEL DEVERA, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $6,417.82 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest to original creditor, CITIBANK, N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated With this debt is XXXXXXXXXXXX8607. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 m0 \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 RACHEL DEVERA, 145 S 4TH ST UNIT 145, SAN JOSE, CA 951 12-3688. 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, NA. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CITIBANK, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX8607 (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 t0 repay CITIBANK, N.A. and any successors in interest, for any charges on 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, NA. 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 July 31, 2019. 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 $6,417.82, 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 $6,417.82. 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.Up0n information and belief, CITIBANK, 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 COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.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 $6,417.82 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) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.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, N.A.. Although demand has been made upon Defendant, said amount of $6,417.82 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $6,417.82, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 04/27/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 nh/M ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A Costco Anywhere Visa® Card by Citi RACH EL DEVE RA Member Since 2016 Account number ending in: 8607 Billing Period: 07/23/19-08/22/19 AUGUST STATEMENT Minimum payment due: New balance as of 08/22/19: Payment due date: $409.71 $5,593.72 09l20l1 9 See the last pa e of this statement for important information about how to avoid paying In erest 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 $39 and your APRS may be increased up to the Penalty APR of 29.99%. Minimum payment warning:lf 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 balance shown on the statement in about... And you will end up aying an estimated otal of... Onlythe minimum payment 21 years $1 5,261 For information about credit counseling services, call 1-877-337-8188. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online . To download: Cltl Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com 000000 NC 00 A O RACHEL DEVERA 145 S 4TH ST UNIT 145 SAN JOSE CA 95112-3688 www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 Your account is past due. Please pay at least the minimum payment due, which includes a past due amount of $124.10 and an overlimit amount of $93.72. Account Summary Previous balance $5,665.74 Payments $207.91 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$39.00 Interest +$96.89 New balance $5,593.72 Credit Limit Credit Limit $5,500 Includes $1,700.00 cash advance limit Costco Cash Rewards Summary as of 08/22/19 $12.16 » See paqe 3 for more information about your rewards Minimum payment due $409.71 New balance $5,593.72 Payment due date 09/20/19 Amount enclosed: Account number ending in 8607 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY-hearing-impaired services only 1-866-210-0617 RACH EL DEVE RA CARDHOLDER SUMMARY RACHEL DEVERA Card ending in 8607 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount Payments, Credits and Adjustments 07/31 ONLINE PAYMENT, THANK YOU $207.91 RACHEL DEVERA No Activity Fees Charged 08/22 LATE FEE - JUL PAYMENT PAST DUE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 08/22 INTEREST CHARGED TO STANDARD PURCH $36.47 08/22 INTEREST CHARGED TO PUR PR-03/15/18. $60.42 TOTAL INTEREST FOR THIS PERIOD $96.89 2019 totals year-to-date Total fees charged in 2019 $67.00 $744.70Total interest charged in 2019 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Days in billing cycle231 Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 29.99% (V) $1,431.92 (D) $36.47 Pur Pr 031518 17.24% (V) $4,126.63 (D) $60.42 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). Account messages Your account is past due. Please pay the minimum payment due immediately. If you do not make an immediate payment you may not be eligible to earn new Costco Cash Rewards on your card account or receive your Costco Cash Reward annual cash reward coupon. If your payment has already been sent, thank you. Remember, any charges above your credit limit MUST BE PAID IN FULL by your statement's payment due date. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 09/13/2019 to allow enough time for regular mail to reach us. ©2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. cutl‘ EOE Costco Cash Rewards Summary 4106 3901 2345 Total Costco Cash Rewards Balance: $12.16 Costco Cash Rewards Summary Costco Cash Rewards balance as of last statement ............................ +$12.16 Earned this period .................................. +$0.00 Total Costco Cash Rewards Balance Year To Date: $12.16 Costco Cash Rewards Earned This Period 4% on eligible gas worldwide, including gas at Costco‘ ......................................... +$0.00 3% on restaurants ................................. +$0.00 3% on eligible travel worldwide .......... +$0.00 2% on Costco and Costco.com .............................................. +$0.00 1% on all other purchases ................................................. +$0.00 Total Earned: $0.00 » Visit citi.com/Costco for more information ‘Up to $7,000 per year in purchases, then 1% cash back EXHIBIT B Costco Anywhere Visa® Card by Citi Cl’fi' \ m RACHEL DEVERA www.citicards.com Member Since 2016 Account number ending in: 8607 Customer Service 1-855-378-6467 Bnnng period; 01/23/20-02/24/20 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 FEBRUARY STATEMENT Seqountt) |Summary $6 298 76Minimum payment due: $6,417.82 Pgeflfefts a ance gSO'OO New balance as of 02/24/20: $6,41 7.82 y . _ ‘ Credits $0.00 Payment due date: 02I24I20 S . . . . Pu rchases +$0.00 ee.the last pa e of this statement for Important Information about how to aVOId paying In erest on purchases. Cash advances +$0.00 Fees +$0.00 L t P tW ' If d t ' ' ' tb th d t IntereSt +5119‘06 a e aymen arnlng: we o no receive your minimum paymen y e a e listed above, you may have to pay a late fee of up to $39 and your APRS may be New balance 56'417°82 increased up to the Penalty APR of 29.99%. Credit Limit Minimum payment warning:lf you make only the minimum payment each credit Limit $5,500 period, you will pay more in interest, and it will take you longer to pay of'f Includes $1,700.00 cash advance limit your balance. For example: If you make no additional You will pa offthe balance And you will end up charges using this card shown on t e statement in paying an estimated total and each month you pay... about... of... Onlythe minimum payment 1 months $6,418 For information about credit counseling services, call 1-877-337-8188. ng your WI fron_1 virtually anywhere _ Minimum payment due $6,417_82 Wlth the CItI Moblle® App and Clti® Onllne New balance $6,417.82 . To download: Cltl Text 'App15' to MyCiti (692484) Payment due date 02/24/20 or go to your device's app store. Or visit www.citicards.com Amount enclosed: 000000 NC 32 A o Account number ending in 8607 RACHEL DEVERA Citi Cards 145 S 4TH ST PO BOX 78019 UNIT 145 Phoenix, AZ 85062-8019 SAN JOSE CA 95112-3688 www.citicards.com RACH EL DEVE RA CARDHOLDER SUMMARY Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 Page 2 of 2 RACHEL DEVERA Card ending in 8607 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount RACHEL DEVERA No Activity Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 02/24 INTEREST CHARGED TO STANDARD PURCH $51.75 02/24 INTEREST CHARGED TO PUR PR-03/15/18. $67.31 TOTAL INTEREST FOR THIS PERIOD $119.06 2020 totals year-to-date Total fees charged in 2020 $39.00 Total interest charged in 2020 $224.26 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Days in billing cycle233 Balance type Annual percentage Balance subject rate (APR) to interest rate Interest charge PURCHASES Standard Purch 29.99% (V) $1,908.55 (D) $51.75 Pur Pr 031518 16.74% (V) $4,447.73 (D) $67.31 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). Account messages Important: To receive a credit card reward certificate you must have earned more than $1 in rewards through your December 2019 statement closing date and your account must be open at the time your certificate is issued in February. 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. Visa(R) is a registered trademark of Visa International Service Association.
