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 11:36 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 171 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 171 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED REBECCA MORADIAN, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $7,501.18 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, SYNCHRONY BANK. 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 SYNCHRONY BANK, 170 ELECTION RD SUITE 125 DRAPER, UT 84020, and the account number associated with this debt is XXXXXXXXXXXX3595. 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 REBECCA MORADIAN, 5055 DENT AVE APT 25 , SAN JOSE, CA 951 18-2247. 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, SYNCHRONY BANK or made such application over the telephone or Internet. Pursuant to the aforementioned application, SYNCHRONY BANK provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX3595 (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 SYNCHRONY BANK and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods 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 SYNCHRONY BANK 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 November 27, 2018. 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 $7,539. 1 8, 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 $7,501.18. 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.Upon information and belief, SYNCHRONY BANK 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 $7,501.18 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 SYNCHRONY BANK. Although demand has been made upon Defendant, said amount 0f $7,501 . 1 8 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 $7,501 .18, 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: 04/26/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 nh/M ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A fia‘m a quagt‘ém‘a akmfiWW Waimart‘” $3 Magmmarfié’ afimmt? Wfi am Mépa I Ag!Vafi Vigit {Zafii Chat WM: Eyéney Walmart.com/creditlogin - your virtual assistant, when you manage your account online. The Walmart Mastercard is issued by Synchrony Bank pursuant to a license by Mastercard International Incorporated. Mastercard® is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. The following are marks and/or registered marks of Walmart Apollo. LLC: the "Spark" design (=::), Walmart, and Save money. Live better. malrtnarrt rd® REBECCA M MORADIAN as e ca Account Number ending in 6874 Statement Closing Date 12/05/2018 Visit walmart.comlcredit or Call- -Payn:1e'nt's-«hist'bé--r'eée|‘ve'dpy’5ixf1--EToh-du'e-aate'if'- ' -'- ' waited..ianiy.31:59:)? _E:I'm due da'wfoi chimp _ar1'd phone' . 'n s .fléw-Halahée: _ _ _ _ _ _ _ _$6__11§.46 .-?Fot'ai. MiniMjiri-i-_-_-_._. 3.: - - - .. iPreVious Balance aS 0f 1 1/06/201 8 $6,189.75 :Pay-niem DueDfi : _ : _ : _ : _ 2 _ : _1flflmotfias Payments -200.00 IntereSt Charges +126'71 Late Payment Warning: If we do not receive your Total New Balance as of 12/05/201 8 $6,116.46 Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $38.00. Credit Limit $6,200 Minimum Payment Warning: If you make only the minimum Available Credit $83 payment each period, you will pay more in interest and it will Cash Advance/Quick Cash Limit $1 '240 take you longer to pay off your balance. For example: Available Cash $83 -2- irriyég'm' ' h“.-'- ' .Ivéulnir 52;; 5rE-'-lgr§a ZyéuinirénL-Z- Statement Closing Date 12/05/2018 auddinnarcharges'. . “:tfie ballarrrée? . '. ' .up paymg'an: Days in Billing Cycle 30 - _- _u'§ing_th_Is _oa_rd' - _'- - _sl§o§nr'1 o'n 'thfs_ - :- _e'§t|_m'atéd_toZtaI- - '£'Mépdh'mbl1fif.‘ .'. 'sfign'lehfin'. .of. . '. '.'¥°U 'DaY'---'-._'. '_.'.'.'.ab°U1.-- ' Only the minimum 21 years $1 7,259.00 payment $243.00 3 years $8,743.00 (Savings = $8,51 6.00) If you would like information about credit counseling services. call-. 3% on Walmart.com $0.00 2% on Walmart & Murphy USA Fuel $0.00 Earn rewards on everyday 1% on Other Purchases $0.00 purchases with your Walmart Mastercard! Total Redeemed this Statement $0.00 For information on earning and redeeming rewards, visit walmart.oom/creditlogin NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 WGH l 7 5 181205 PAGE l of 3 1136 1000 A303 OlDT5404 Detach and mail this portion with your check. Do not include any correspondence with your check. Account Number- 6874 Customer Service: For account information, call the number on the front ofthis statement. For Hearing or Speech disabilities, use a TRS. Unless your name is listed on this statement, your access to information on the account may be limited. You may also mail questions (but not payments) to: P.0. Box 965022, Orlando, FL 32896-5022. Please include your account number on any correspondence you send to us. Payments: Send payments to the address listed on the remittance ponion ofthis statement or pay online. Notice: See below for your Billing Rights and other imponant information. Telephoning about billing errors will not preserve your rights under federal law. To preserve your rights, please write to our Billing Inquiries Address, P.O. BOX 965023, Orlando, FL 32896-5023. Purchases, returns, and payments made just prior to billing date may not appear until next month‘s statement. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. You may choose not to have your payment collected electronically by sending your payment (with the payment stub), in your own envelope - not the enclosed window envelope, addressed to: P.0. Box 530993, Atlanta, GA 30353-0993 and not the Payment Address. What To Do If You Think You Find A Mistake On Your Statement Ifyou think there is an error on your statement, write to us at the Billing Inquiries Address of: Synchrony Bank P.O. Box 965023, Orlando, FL 32896-5023 In your letter, give us the following information: - Account information: Your name and account number. - Dollar amount: The dollar amount ofthe suspected error. - Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in question, or repon you as delinquent on that amount. - The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, ifwe determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder ofyour balance. - We can apply any unpaid amount against your credit limit. YourRights IfYouAre Dissatisfied With Your Credit CardPurchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all ofthe following must be true: 1. The purchase must have been made in your home state or within 100 miles ofyour current mailing address, and the purchase price must have been more than $50. (Note: Neither ofthese are necessary ifyour purchase was based on an advenisement we mailed to you, or ifwe own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. Ifall ofthe criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Synchrony Bank P.O. Box 965023, Orlando, FL 32896-5023 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, ifwe think you owe an amount and you do not pay we may repon you as delinquent. Information About Payments: You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. Payments received after 5:00 p.m. (ET) on any day will be credited as of the next day. Credit to your Account may be delayed up to five days if payment (a) is not received at the Payment Address, (b) is not made in U.S. dollars drawn on a U.S. financial institution located in the U.S., (c) is not accompanied by the remittance coupon attached to your statement, (d) contains more than one payment or remittance coupon, (e) is not received in the remittance envelope provided or (f) includes staples, paper clips, tape, a folded check, or correspondence of any type. Conditional Payments: All written communications concerning disputed amounts, including any check or other payment instrument that: (i) indicates that the payment constitutes “payment in full" or is tendered as full satisfaction of a disputed amount; or (ii) is tendered with other conditions or limitations (“Disputed Payments"), must be mailed or delivered to us at P.O. Box 965023, Orlando, FL 32896-5023. Credits To Your Account: An amount shown in parentheses or preceded by a minus (-) sign is a credit orcredit balance unless otherwise indicated. Credits will be applied to your previous balance immediately upon receipt, but will not satisfy any required payment that may be due. Credit Reports And Account Information: If you believe that we have reported inaccurate information about you to a consumer reponing agency, please contact us at P.O. Box 965024, Orlando, FL 32896-5024. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy ofthe credit report that includes the inaccurate information, please include a copy of that report. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Balance Subject To Interest Charge Calculation Daily Balance method: We figure the interest charge on your account by applying the periodic rate to the “daily balance" of your account for each day in the billing cycle. We then add the interest to the daily balance. To getthe “daily balance" we take the beginning balance ofyour account each day (which includes unpaid interest), add any new charges and applicable fees, and subtract any payments or credits. This gives us the daily balance. Any daily balance of less than zero will be treated as zero. A separate daily balance will be calculated for each balance type on your account. The balance(s) shown in the Interest Charges section of this statement is the sum of the daily balances for each day in the billing cycle divided by the number ofdays in the billing cycle. Bankruptcy Notice: If you file bankruptcy, you must send us notice, including account number and all information related to the proceeding to the following address: Synchrony Bank, Attn: Bankruptcy Dept, P.O. Box 965060, Orlando, FL 32896-5060. Your account is owned and serviced by Synchrony Bank. O1DT5404 - 1 - 07/07/14 This is an attempt to collect a debt and any information obtained will be used for that purpose. Earn 3% Cash Back" on Walmart [223;] Pay in-store purchases with your Walmart° Credit Card, That’s 3 times your everyday Cash Back of’1°/.!' Nawmfiafl m {Easmmémr 3%, 2mg Paid as a statement credit. Wal mart® Mastercard® REBECCA M MORADIAN Account Number ending in 6874 Statement Closing Date 12/05/2018 Visit walmart.comlcredit or Call- Date Tran Post Transaction Reference # Description Amount 11/27 11/27 8523914NWO0XTMJHT PYMNT IN STORE THANK YOU SAN JOSE -$200.00 CA FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 12/05 12/05 INTEREST CHARGE ON PURCHASES $126.71 12/05 12lO§ INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $126.71 "TOIGUfité'eistIGbérded '3' ' .'.$T51'6.-5.8. CTLtérifiie'r'e'ét'fi'aiaC'32-.'.-.-.-.-.-C'.$1',3902z" mmfimmu\nmhuuuu\Hmuvumlw hulummmmhuuuum“h H x‘wHwx1u;;1H;wwG\xwuwww\HhuuHHmummu\Huumu‘um‘uflHumm‘umhhwmhhm‘ Your Annual Percentage Ra e(APR) is the annual interest rate on your account. (v)= Variable rate -.-.-.-.-.-.‘|'.vne .-.-.-.-.-.-.-0f .-.-Expiratiqn. . .-.-.-.-Amuah-.-.-. .leancefiubiecI-TO.-.-.-.-.1nteresr-.-.-.- .I...I._.I.IBéunee._._._._._._._.-.-._Da.te.-.-.-._._.p§rbe.nfa§¢.mé-.I '._.mté'ésiRah._._._._._.-.Cha.rg.°.-...-. Regular Purchases NA 24.90%(v) $6,191.20 $126.71 Cash Advances NA 27.90%(v) $0.00 $0.00 Eligible card purchases may be billed under one of the following promotions: No Interest for 6 or 12 months. For each promotion, after the promotion ends, a 24.90% APR will apply. |f a (v) is shown after yourAPR in the Interest Charge Calculation section of this billing statement, the APR is a variable rate and will vary with the market based on the Prime Rate. Minimum monthly payments are required. See promotional advertising for further details. If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account. You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account online. For more information about the Walmart credit card rewards program, log on to www.walmart.com/credit. Please note that Cashier Checks and Loan Transfer Checks are not acceptable forms of tender when making your payment in Sam's Club® or Walmart®. Special Financing purchases do not earn cash back Rewards. *Walmart Credit Cardholders will earn 3% in Rewards on their Walmart Pay purchases made in Walmart stores using their Walmart Credit Card account November1 - December 31, 2018. 1% will be credited to the Rewards from other purchases and 2% will be credited to “Rewards from Special Offer” lines in the Rewards Summary Box on your billing statement. Exclusions apply. Please allow1 - 2 billing periods after the offer ends for the credits to post. See the Walmart Credit Card and Walmart® Mastercard® Rewards Program Terms for details. Subject to credit approval. EXHIBIT B REBECCA M MORADIAN Account Number ending in 3599 Statement Closing Date 08/05/2019 Visit walmart.comlcredit or Call- Payments must be received by 5pm ET on due date if | mailed, or by 11:59pm ET on due date for online and phone New Balance $7,501 _18 Payments- Amount Past Due $1,449.00 . 7 2 Total Minimum PreVIous Balance as of 07/06/2019 $ ,305. 6 Payment Due “Jame Fees Charged :38”: Overlimit Amount $1 ,301 .18 '“tereS‘ Charges + 57-9 Payment Due Date 08/28/201 9 New Balance as of 08/05/2019 $7,501 .18 I I I Late Payment Warning:lf we do not receive your Total Greg“ L'm't I $61200 Minimum Payment Due by the Payment Due Date listed Available Credlt $000 above, you may have to pay a late fee up to $38.00. Cash Advance/Quick Cash Limit $1 .240 Minimum Payment Warning: If you make only the minimum Available Cash $o_oo payment each period. you wi|| pay more in interest and it will Statement Closing Date 08/05/201 9 take you longer to pay off your balance. For example: Days in Billing CYCIe 31 If you make no You wi|| pay off And you wi|| end additional charges the balance up paying an using this card shown on this estimated total and each month statement in of you pay about Only the minimum 18 years $18,074.00 payment If you would like information about credit counseling services, call-. 3% on Walmart.com $0.00 2% on Walmart & Murphy USA Fuel $0.00 Earn rewards on everyday 1% on Other Purchases $0.00 purchases with your Walmart Mastercard! Total Redeemed this Statement $0.00 For information on earning and redeeming rewards, visit walmart.com/creditlogin NOTICE: We may convert your payment into an electronic debit. See reverse for details. Billing Rights and other important information. 5404 WGH l 7 5 190805 EXPAGE l of 3 1136 1000 A303 OlDT5404 Detach and mail this portion with your check. Do not include any correspondence with your check. AccountNumber:- 3599 Amount Past Due $1 ,720.00 $1 .449.00 08/28/2019 $1 .301 .1 8 $7,501 .1 8 Payment Enclosed: Please use blue or black ink. REBECCA M MORADIAN 5055 DENT AVE APT 25 SAN JOSE CA 951 1 8-2247 $ . New address or email? Print changes on back. Make Payment To: WALMART MASTERCARD/SYNCB PO BOX 960024 ORLANDO, FL 32896-0024 Statement Closing Date 08/05/2019 REBECCA M MORADIAN Account Number ending in 3599 Visit walmart.comlcredit or Call- Date Tran Post Transaction Reference # Description Amount FEES 07/28 07/28 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 INTEREST CHARGED 08/05 08/05 INTEREST CHARGE ON PURCHASES $157.92 08/05 08/05 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $157.92 2019 Year-to-Da - Fees and Interest Total Fees Charged $255.00 Total Interest Charged $1,129.72 Total Interest Paid $0.00 Interest Charge Calculation Your Annual Percentage Rate APR)is the annual interest rate on your account. (v) = Variable rate Type of Expiration Annual Balance Subject To Interest Balance Date Percentage Rate Interest Rate Charge Regular Purchases NA 25.1 5% (v) $7,392.33 $1 57.92 Cash Advances NA 28.1 5% (v) $0.00 $0.00 You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options. so we will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account online. Please note that Cashier Checks and Loan Transfer Checks are not acceptable forms of tender when making your payment in Sam's Club® or Walmart®. 5404 WGH 7 5 190805 EIX PAGE 2 Of 3 1136 1000 A303 01DT5404 5404 WGH l 7 5 190805 EXPAGE3of3 1136 1000 A303 OlDT5404
