Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 28, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 4/28/2021 2:20 PM BRYANT BURNSTAD, SBN 297286 C'erk 9f court RESURGENCE LEGAL GROUP, PC Super'or Court 0f CA, 10805 Holder Street, Suite 167 County 0f Santa Clara Cypress, CA 90630 21 CV381 161 (T) 877/440-0860 (F) 714/226-0024 Reviewed By: Ashley Mackenzi EMAIL: CAAttorney@ResurgenceLegal.com 6335839 Refer to File Number: TP0921 14 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN JUDICIAL DISTRICT DOWNTOWN COURTHOUSE UNIFUND CCR LLC ) CASE NO. 21 CV381 161 ) Plaintiff, ) COMPLAINT FOR MONEY ) V. ) 1. Account Stated ) 2. Open Book Account RONNIE G RODRIGUES JR, ) 3. Indebtedness and DOES 1 through 15 inclusive, ) ) Limited Jurisdiction Defendant(s). ) [Demand Amount: $5,076.20] ) ) ) ) ) GENERAL ALLEGATIONS 1. At all times mentioned herein, PlaintiffUNIFUND CCR LLC was, and now is a LIMITED LIABILITY COMPANY, duly organized and existing under and by Virtue ofthe state 0f its formation and at all times herein and is successor-in-interest 0f CAPITAL ONE BANK (USA) NA, and is qualified t0 conduct business in the State 0f California. Plaintiff is a debt buyer and sole owner of account. 2. The true names and capacities 0fDefendant(s), DOES 1 through 15, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendant(s) by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for each and every obligation hereinafter set forth. 3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this 1 COMPLAINT FOR MONEY ||||||||||||||||||lllllmll|||||||||||||||||||||| “X93 Kan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complaint, was and at all times herein mentioned, and now is, the agent and employee 0f each 0f the other Defendant(s) herein, and was at all times acting within the course and scope 0f said agency and employment. 4. Plaintiff alleges that the Defendant(s), or some 0f them, reside in the above-cited Judicial District. The obligation sued upon is not commercial in nature and is not subj ect t0 the provisions of Civil Code, §2984.4, nor Civil Code, §18 12. 10. 5. Defendant(s), and each 0fthem, requested a credit card (the "Account") from the original credit issuer. Thereafter, said request was accepted and credit was extended to Defendant(s). 6. Defendant(s) and each 0f them, accepted and used the credit privileges as evidenced by the statements for account ************ 1 801. Attached as Exhibit "A" is a true and correct copy of the contract credit card statement(s) for account number * * * * * * * * * * * * 1 801 and is incorporated herein by reference. 7. The charge-offcreditor was CAPITAL ONEBANK (USA) NA, 485 1 COX RD, GLEN ALLEN VA 23060 and account number at time 0f charge-off was ************ 1 801. 8. Defendant(s) name and last known address as it appeared in the charge-off creditor's records is provided in Exhibit "A". 2 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The names and addresses ofall persons or entities that purchased 0r were assigned the debt after charge-off are: Name Address DISTRESSED ASSET PORTFOLIO 10625 TECHWOODS CIRCLE, CINCINNATI OH III LLC 45263 DISTRESSED ASSET PORTFOLIO 10625 TECHWOODS CIRCLE, CINCINNATI OH IV LLC 45263 UNIFUND CCR LLC 10625 TECHWOODS CIRCLE, CINCINNATI OH 45263 Attached hereto collectively as Exhibit "B" are true and correct copies 0f said transfers and are incorporated herein by reference. 10. Attached as Exhibit "C" and incorporated herein by this reference, are the reformatted and redacted printouts of the raw data on the account sued upon from the electronic files referenced by the Bills 0f Sale and received by Plaintiff during the transfer 0f this account. The information includes Defendant's account number, name, and other personal information. A11 other accounts referenced in the raw data are omitted due t0 the personal information included 0f non-parties. 11. Plaintiff has complied With California Civil Code section 1788.52. 12. Defendant(s), and each 0fthem, defaulted 0n the account by failing to make payments since 0n or about May 17, 2017, causing damages as set forth herein. The charge-off creditor duly performed or was excused from performing all terms and conditions 0fsaid Agreement 0n its part to be performed. 13. The balance at charge-offwas $5,076.20. The total amount ofinterest after charge-off was $.00. The total amount 0f fees after charge-off was $.00. The total amount of credits after charge-off was $0.00. 14. Demand has been made 0n Defendant(s), and each ofthem, for the payment of $5,076.20 due. FIRST CAUSE OF ACTION (Account Stated) 15. Plaintiff refers to Paragraphs 1 through 14, and by this reference incorporates the same herein as though fully set forth. 16. Within the last four years, an account was stated by and between the charge off creditor and Defendant(s), and each 0f them, wherein it stated that said Defendant(s), and each 0f them, were 3 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indebted to the charge off creditor in the sum 0f $5,076.20. Plaintiff is the current holder and assignee 0f the Account. SECOND CAUSE OF ACTION (Open Book Account) 17. Plaintiff refers t0 Paragraphs 1 through 16, and by this reference incorporates the same herein as though fully set forth. 18. Within the last four years, Defendant(s), and each of them, became indebted to the charge-off creditor on an open book account for $5,076.20 due. The open book account reflected all the credits and debits involved in the financial transaction(s) between charge-off creditor and Defendant(s) in the Account. Plaintiff is the current holder and assignee of the Account. THIRD CAUSE OF ACTION (Indebtedness) 19. Plaintiff refers to Paragraphs 1 through 18, inclusive 0f the First Cause of Action, and by this reference incorporates the same herein as though fully set forth. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them as follows: AS TO ALL CAUSES OF ACTION: ° For the sum of $5,076.20; ° For costs 0f suit incurred herein; and, ° For such other further relief as the Court may deem just and proper. DATED: April 23, 2021 RESURGENC GAL GROUP, PC By: BRYANT BURNSTAD, SBN 297286 Attorney for Plaintiff 4 COMPLAINT FOR MONEY File TP092114 EXHIBIT “A” Caw‘ Page 1 of 2Visa Platinum Account Ending in 1801 Apr. 23, 2017- May 22, 2017 | 3O days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments, Previous Balance $4,310.15 the deadline is 8pm ET. Jun- 19’ 2017 Payments - $140.00 New Balance Minimum Payment Due Other Credits $0.00 $4,261.35 $133.00 Transactions + $0.00 LATE PAYMENT WARNING: If we do not receive your minimum payment Gas“ Advances + $000 by your due date, you may have to pay a late fee of up to $35.00. Fees Charged + $0.00 MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you IntereSt Charged + $9120 longer to pay off your balance. For example: New Balance = $4,261.35 [f you make no You will pay off And you wi|| additional charges using the balance shown end up paying I I . this card and each on this statement an estimated Credlt LImIt $4,000.00 month you pay... in about... total of... I I . Available Credlt (as of May 22, 2017) $0.00 Minimum Payment 19 Years $12,398 I . I Cash Advance Credlt LImIt $4,000.00 $171 3 Years $6,152 I _ I _ I I Available Credit for Cash Advances $0.00 Estlmated savmgs If balance Is pald off In about 3 years: $6,246 If you would like information about credit counseling services, call 1-888-326-8055. r Rewards Balance Track and redeem your rewards with our $3 .O4 mobile app or on Previous Balance Earned This Period Redeemed This Period $3.04 $0.00 $0.00 Account Notifications G) Your account has gone over its credit limit. In addition to your required minimum payment, please pay enough to bring your account balance below your credit limit to avoid the possibility of being declined. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: 1-800-903-3637 See reverse for Important Information Please send us this portion of your statement and only one check (or one money order) to Capita ' ensure your payment is processed promptly. Allow at least seven business days for delivery. 400039 Pay your bIII on the go. $ Pay your bill securely and review transactions with the Capital One” mobile app. Payment Due Date: Jun. 19, 2017 Account Ending in 1801 New Balance $4,261.35 Minimum Payment Due Amount Enclosed $133.00 $ RONNIE G RODRIGUES JR 73]. N leH ST SAN JOSE CA fiSllE-HDE? Capital One Bank (USAM N.A. III I P-o- BOX Eusqq l“ City of Industryn CA Hl?ll=-EI5“I“I Cabflgme’m Transactions Visit to see detailed transactions. RONNIE G RODRIGUES JR #1801: Payments, Credits and Adjustments Date Description Amount May 17 CAPITAL ONE MOBILE PYMTAuthDate - $140.00 16-MAY RONNIE G RODRIGUES JR #1801: Transactions Date Description Amount Date Description Amount Total Fees for This Period $0.00 Interest Charge on Purchases $91.20 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $91 .20 -‘ Total Fees charged in 2017 $35.00 Total Interest charged in 2017 $457.51 Page 2 of 2 Visa Platinum Account Ending in 1801 Apr. 23, 2017 - May 22, 2017 | 3O days in Billing Cycle Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 25.65% P $4,326.30 $91.20 Cash Advances 25.65% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. 300083 ‘ Make a statement. i _ *4 Go paperless. Stop waiting for your bill to arrive in the mail and go paperless today. I Page 1 of 4 capital “ Visa Platinum Account Ending in 1801/ Nov. 23, 2017- Dec. 22, 2017 | 3O days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments, Previous Balance $4,969.32 PAST DU E the deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $5,076.20 $5,076.20 Transactions +$0-00 IMPORTANT AccOUNT UPDATES: Gas“ Advances + $000 Your full balance is due. Any payment you make will reduce your balance Fees Charged + $000 and help pay off your debt faster. The amount you owe may differ if Interest Charged + $106 88 you've entered into a separate payment agreement. ' New Balance = $5,076.20 Available Credit (as of Dec. 22, 2017) N/A 300079 Ca IP11310116 Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: 1-800-258-9319 See reverse for Important Information Please send us this portion of your statement and only one check (or one money order) to Capifa ' ensure your payment is processed promptly. Allow at least seven business days for delivery. 400030 Payment Due Date: Past Due Account Ending in 1801 .* ® New Balance Minimum Payment Due Amount Enclosed cap'ta/Ione $5,076.20 $5,076.20 $ RONNIE G RODRIGUES JR 73]. N leH ST SAN JOSE CA fiSllE-HDE? Capital One Bank (USAM N.A. l” I P-O- BOX Eusqq ”I City of Industryn CA Hl?lb-DSHH File TP092114 EXHIBIT “B” Forward Flow Receivable Sale Agreement dated January 28, 2019 BILL OF SALE Closing Date: March 28, 2019 Capital One Bank (USA), National Association (“Seller”), in consideration of a Purchase Price of- and other valuable consideration, the receipt of Which is hereby acknowledged, hereby sells, assigns and transfers ail right, title and interest in the Accounts identified in the Sale File entitled “OMEGA.BNOO74.SALES.PROD- EAST.2O 190320_BPSLE20 1 903 1 8flBN0074_main__File.dat.g2, OMEGA.BN0074.SALES.PROD- EAST.20 1 90320_BPSLE201 903 1 8_BN0074__customer_File.dat. gz, OMEGA.BN0074.SALES.PROD- EAST.201 90320_BPSLE20 1 903 1 8_BN0074jhone_File.dat.gz” (which may be in electronic form) to Distressed Asset Portfolio III, LLC (“Buyer”), without recourse 0r representation except as expressly provided herein 01‘ on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that cefiain Forward Flow Receivable Sale Agreement, dated as of January 28, 2019, by and between Seller and Buyer (the “Agreement”). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was March 20, 2019. The aggregate Unpaid Balance of the Accounts as ofthe Cutoff Date was-. CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION T1tle: Vice President DISTRESSED ASSET PORTFOLIO III, LLC ASSIGNMENT AND BILL OF SALE DISTRESSED ASSET PORTFOLIO [[I, LLC (“Seller”), for value received and in accordance with the terms ofthe Receivables Purchase Agreement by and between DISTRESSED ASSET PORTFOLIO III, LLC, on behalfof itself and its affiliates, including Seller, and DISTRESSED ASSET PORTFOLIO IV, LLC (“Purchaser”), dated as of December 23, 2019 (the “Agreement”) which is incorporated herein by reference, does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clear of all liens, claims and encumbrances in and to the Receivables listed in the Closing Statement attached as Exhibit A to the Agreement, without recourse. Effective the 23‘d day ofDecember, 2019. DISTRESSED ASSET/. T 9 LIO III, LLC BILL OF SALE THIS BILL OF SALE is effective as of January 10, 2020 between DISTRESSED ASSET PORTFOLIO IV, LLC, an Ohio limited liability company (“Assignor”), and UNIFUND CCR, LLC, an Ohio limited liability company (“Assignee”). Assignor, for value received transfers, sells, conveys, grants and delivers to Assignee free, clear and unencumbered title t0 the Accounts described 0n Attachment A and all 0f Assignor’s rights thereto effective as of January 10, 2020. The sale is Without recourse to Assignor. [DISTRESSED ASSET PORTFOLIO IV, LLC] Name: Jessica Stevens Title : Inventory Manager File TP092114 EXHIBIT “C” Account Records 2 - 3188 and 3190 - End Redacted ROUTER_NUMBER ACCOU NT_N UM BE R xxxxxxxxxxxx1801 SMALL_BUS|NESS_FLG N CUST_ROLE_TYPE PRIMARY CUST_NM RONNIE G RODRIGUES JR CUST_ADR_1 731 N 16TH ST CUST_ADR_2 CUST_ADR_3 CUST_CITY SAN JOSE CUST_ST CA CUST_ZIP 95112-3027 CUST_EMAIL CUST_DOB _ CUST_SSN xxxx- SEC_IND N OPEN_DT 11/29/2015 DELIQ_DT 07/19/2017 CHRGOF_DT 12/23/2017 PRE_CHRGOF_LST_PMT_ DT 05/17/2017 PRE_CHRGOF_LST_PMT_ AMT 140.0 LST_PMT_DT 05/17/2017 LST_PMT_AMT 140.0 LAST_PURCHASE_DATE 11/23/2016 LAST_PURCHASE_AM0U NT 14.15 CHRGOF_BAL 5076.20 CHRGOF_PRIN_BAL 3894.04 CHRGOF_INT_BAL 972.16 CHRGOF_FEE_BAL 210.00 SALE_BAL 5076.20 SALE_PRN_BAL 3894.04 SALE_INT_BAL 972.16 SALE_FEE_BAL 210.00 INT_RATE 0.0000 CCA_AT_CHRGOF CAooos-M112867 F0RGN_LNG_FLG N LRG_PRNT_FLG N BRAILLE_FLG N PRODUCT_TYPE VISA PLATINUM BRAND_AT_CONVERS|ON PREVIOUS_ENT|TY CURRENT_ENT|TY COBNA LE_LP_|ND|CATOR LE Primary Home Phone Number Primary Work Phone Number SECONDARY CUST_ROLE_TYPE SECON DARY CUST_NM SECONDARY CUST_ADR_1 SECONDARY CUST_ADR_2 SECONDARY CUST_ADR_3 SECON DARY CUST_CITY SECON DARY CUST_ST SECONDARY CUST_ZIP SECONDARY CUST_EMAIL SECONDARY CUST_DOB SECONDARY CUST_SSN Secondary Home Phone Number Secondary Work Phone Number BUSINESS CUST_ROLE_TYPE BUSINESS CUST_NM BUSINESS CUST_ADR_1 BUSINESS CUST_ADR_2 BUSINESS CUST_ADR_3 BUSINESS CUST_CITY BUSINESS CUST_ST BUSINESS CUST_ZIP BUSINESS CUST_EMAIL BUSINESS CUST_DOB BUSINESS CUST_SSN BUSINESS Home Phone Number BUSINESS Work Phone Number