Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.May 3, 2021E-FILED 5/3/2021 2:39 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381263 Reviewed By: L. Imasa 21CV381263 JACK H. POGOSIAN, State Bar No.: 305741 MANASI TAHILIANI, State Bar No.: 272821 l CHRISTINA ARNOLD, State Bar No.: 297590 HYO JIN JULIA JUNG, State Bar No.: 316090 MELINE GRIGORYAN, State Bar No.: 321 133 3 MICHAEL D. KAHN, State Bar No.: 236898 CAMRYN P. BERK, State Bar No.: 3 1 7565 4 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 6 Facsimile: (858) 309-1588 Attorneys for Plaintiff 7 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF SANTA CLARA 9 DOWNTOWN SUPERIOR COURT 10 MIDLAND CREDIT MANAGEMENT, INC. Case N0. l I Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 TRANG T HOANG; PRAYER AMT: $1,374. 16 and DOES 1 through IO, inclusive LIMITED l 4 Defendant. 15 MIDLAND CREDIT MANAGEMENT, INC., (”Plaintiff"), by counsel, sues TRANG T HOANG, (“Defendant”) ‘ under Account Stated and in support thereof states: 16 l. Plaintiff is authorized t0 d0 business in CALIFORNIA, with its principal place 0f business at 350 I7 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff owns portfolios 0f 18 consumer receivables, which it attempts t0 collect. Plaintiff strives t0 treat its consumers, such as 19 Defendant, with respect, compassion and integrity, hoping t0 provide mutualIy-beneficial opportunities for consumers t0 repay their debts and attain financial recovery. 2O 2. Defendant is a resident 0f SANTA CLARA County, State 0f California and is subject t0 this 2] Court’s jurisdiction. 22 3. Plaintiff is unaware 0f the true names and capacities 0f Defendants sued by the fictitious names 23 DOES l through 10. Plaintiff will ask leave 0f court t0 amend this complaint as and when the true names and capacities of Defendants named herein as DOES 1 through 10 have been 24 ascertained. 25 Pursuant t0 California Civil Code (“CA CIVIL”) §l788.58(a)(1)-(9), Plaintiff alleges: 26 4. Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a). 27 28 1 COMPLAINT CA_0132G File N0; 21-35624 \OWNOUI-h 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CA70132G File No.1 21-35624 10. 1]. 12 13. Defendant established a credit account (the “A.Ccount”) with CITIBANK, N.A.. The amount due is the result of transactions that occurred 0n the Account. Defendant was provided statements evidencing Defendant’s use of the Account and the balance due. Defendant failed to make the required paymants and subsequently defaulted 0n the Account 0n June 18, 2018. Theraafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy 0f the Bill 0f Sale from CITIBANK, N.A., t0 Plaintiff. The Account was purchased by Plaintiff on May 22, 2019. The Account balance at the time 0f Charge-off was $1,950.15. Plaintiff alleges that the date of default is June l8, 201 8 and the date 0f the last payment was October 13, 2020. The name 0f the charge-off creditor at the time 0f Charge-off is CITIBANK, N.A.. The address utilized by CITIBANK, N.A. at the time 0f charge-Off was 701 EAST 60TH STREET NORTH SIOUX FALLS,SD 571 17. At the time 0f Charge off, the account number associated with the debt was XXXXXXXX-XX-1377. The name 0f the debtor as it appeared in the records 0f CITIBANK, N.A. is TRANG T HOANG and the last known address as it appeared in the records 0f CITIBANK, N.A. is 1954 CONIFER LN SAN JOSE CA 95] 321 809. The name and address 0f all post Charge-off purchasers 0f the debt are as follows: Name Address MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92108 Plaintiff has complied with the provisions 0f CA CIVIL §l788.52. Plaintiff informed Defendant 0f the assignment of the Account. Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy 0f a monthly statement recording a purchase transaction, payment, 0r balance transfer while the Account was active as required by CA CIVIL §1788.52(b). Attached as Exhibit C is a true and correct copy 0f a billing statement that was mailed t0 Defendant stating the balance due 0n the Account at 0r around the time 0f charge-off. ,2, COMPLAINT 10 11 12 13 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 CA_0132G File N0; 2135624 14. 15. 16. 17. I8. 19. 20. 21. 22. Plaintiff acquired all right, title, and interest t0 the Account. T0 the extent that Plaintiff acts in its capacity as successor-in-interest t0 the original creditor 0r its assigns, references herein t0 Plaintiff may include Plaintiff’s predecessor-in-interest. Plaintiff has attempted t0 contact Defendant through several means in an effon t0 resolve the Account, but has been unsuccessful. Defendant has not repaid this debt. Plaintiff works with consumers like Defendant to find mutually acceptable solutions, often Offering discounts, hardship plans, and a variety 0f payment options. The majority of Plaintiff‘s consumers ignore calls 0r letters, and some simply refuse to repay their obligations. When this happens, Plaintiff must decide whether t0 pursue collection through legal channels, including litigation such as the present action against Defendant. Nonetheless, Plaintiff remains interested in discovering a mutually beneficial solution through voluntary payments, if possible, in this case. Before commencement 0f this action, Plaintiff informed Defendant in writing, that it intended t0 file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code 0f Civil Procedure § 1033(b)(2). FIRST CAUSE OF ACTION ACCOUNT STATED Plaintiff realleges and incorporates by reference the foregoing paragraphs. An account was stated in writing between Defendant and CITIBANK, N.A.. Defendant opened and derived benefit from the Account. By using the Account, Defendant expressly 0r impliedly promised to repay CITIBANK, N.A.. Within the last four years, Defendant became indebted 0n the Account. On the Account, a balance 0f $1,950.15 was stated t0 be due to CITIBANK, N.A. from Defendant. Plaintiff has no record 0f Defendant objecting t0 the balance due. Before the commencement 0f this action, Plaintiff was assigned the Account and indebtedness. Plaintiff is now the sole owner 0f the Account. Plaintiff has made a demand 0n Defendant for repayment 0f the Account, but Defendant has failed t0 pay the balance due. The current balance presently due and owing is $1,374.16 which includes payments, set- offs, credits 0r allowances, if any, at 0r after charge-off. -3- COMPLAINT \lOUi-l; 00 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff requests judgment against Defendant for $1,374. 1 6, costs of this action and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and attorney's fees. Dated: April 16, 2021 MIDLAND CREDIT MANAGEMENT, INC. By; @Q [I JACK H. POGOSIAN D MANASI TAHILIANI D HYO JIN JULIA JUNG DMELINE GRIGORYAN [I CHRISTINA ARNOLD E] MICHAEL D. KAHN D CAMRYN P. BERK 4 COMPLAINT CA_013ZG File No.: 21-35624 EXHIBIT A AA_0125 File No.1 21-35624 Contract ID: ENBMUMAAOS I619 Document ID: ENSMUMAA0517I9CI Document ID: 0506 l9MC ICC I FMBI BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated May 22, 2019, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 ("Bank"), to Midland Credit Management, Inc., a corporation organized under the laws of Kansas, with its headquarters/principal place of business at 350 Camino De La Reina. Suite 100, San Diego, CA 92108 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated May 16, 2019, between Bank, Department Stores National Bank, and Buyer (the "Master Purchase Agreement")‘ and that. certain Addendum No. 1 dated May 17, 2019, between Bank and Buyer (the “Addendum“, and together with the Master Purchase Agreement, 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 summarized on the Asset Schedule attached hereto as Exhibit A and included in the Final Electronic File. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized on the Asset Schedule and included in the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank’s own business records and accurately reflects in all material respects the information in the Bank’s database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or from information transmitted by, a person with knowledge of the data entered into and maintained in the Account‘s database: and (iv) it is the regular practice of the Bank’s business to maintain and compile such data. CITIBANK, N A fixmgfx (Sifiature) Name: GUYWM Title: Authorized Party 7 EncamOSlfilQ Contract ID: ENSMUMAAOSI619 Documcnl ID: ENBMUMAAOS 17 l9Cl Document ID: 0506i9MCECCIFMAI Exhibit A The individual Accounts transferred are described in the finai electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. # of ”Lot 7 Sale ID N 7 7 Accounts Sale Amount sale Rate Cut-Off Dater Costco Fresh 050619MC1CC1FM 5/06/19 Flow Encorc051619 Contract ID: ENBMUMAA051619 Document ID: ENSMUMAAOS l7 mCl Document ID: 0506 l9MC ICC l FMG! AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Gary Goldberg, being duly sworn, deposes and says: I am an authorized employee of Citibank, NA. ("CBNA") located at 701 East 60th Street North, Sioux Falls, SD 571 17, am authorized to make the statements and representations herein, and I am over 18 years of age. In this position, Ihave 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 May 22. 2019, CBNA sold a pool 0f charged-off accounts (the "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum No. l_ dated May 17, 2019, to MIDLAND CREDIT MANAGEMENT, INC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to MIDLAND CREDIT MANAGEMENT, INC. These records were kept in the ordinary course of business of creditor. I am not aware 0f any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge‘ Signed [his alfl‘ rday of ml?) 7 , 85/6 Afi/I #\ Gary GolJbe'rg \ Sworn before me thisfi day of anL/ , &0)a . :aaowa E. HUGHES ah:’:‘yPub:R - Notary Seal 3:3 shuns {i‘JacksonCounty wfimin§,,m-n é? 1 4927304 Netar Pubiic My {Emmiss‘xan Eggires Jan 26, 2022 y (Notary Seal) January 26; 2022 My Commission Expires: Encore 051619 Camract ID: ENSMUMAAOS 16E 9 Document ID: ENSMUMAAOSHIQCI Document 1D: 0506I9MC ICCIFMGl CERTIFICATE OF CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attome at law duly admitted to practice in the State of Missoum and is a resident of $5M 4M County, in the State of ”550m. ; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of msssoum ; that the foregoing acknowledgment by Gary Goldberg named in the foregoing instrument taken beforemuss 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. M? WU; Wé/zs Date Attorney at Law EncomOSle Contract ID: ENSMUMAA0516|9 Document ID: ENBMUMAAOSWWCI Document ID: 050619MC|CC I FMGI AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Gary Goldberg, being duly sworn, deposes and says: I am an authorized employee 0f Citibank, N.A. ("CBNA") located at 701 East 60th Street North, Sioux Falls, SD 571 I7, am authorized Lo 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 May 22, 2019, CBNA sold a pool of charged-off accounts (Lhe "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum No. 1_ dated May 17, 2019, t0 MIDLAND CREDIT MANAGEMENT, INC. As part 0f the sale of the Accounts, certain electronic records were transferred on individual accounts t0 MIDLAND CREDIT MANAGEMENT, INC. These records werekept in the ordinary course of business of creditor. I am not aware of any errors in the infonmtion provided about the Accounts. The above statements are true to the best of my kncwledge. Signed this 32¢. day of MAE?) . 95/5 )é’fi'uq )#\ Gary GolJbérg \ Sworn before me thisfl day of rmH L/ , (£0)? . Gamma E. HUGHES aMaia; Public - §§otary 5955 jackson County . Notary Public (Notary Seal) January 26‘m My Commission Expires: Encore 051619 Contract ID: ENSMUMAAOS 1619 Document ID: ENSMUMAAOS I719C| Document ID: 0506 19MC ICC iFMGl CERTIFICATE OF CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that helshe is an attornc at law duly admitted to practice in the State of MISSOURI and is a resident of 33¢ wt County, in the State of mssona. ; that he/she is a person duly qualified lo make this certificate of conformity pursuant to the laws of the State of mssoum ; that the foregoing acknowledgment by Gary Goldberg named in the foregoing instrument taken beforeWhoa 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. Date Attorney at Lav; Encotc 051619 Field Field Data ACCOUNT NUMBER _1377 CONSUMER FIRST NAME TRANG CONSUMER MIDDLE NAME T CONSUMER LAST NAME HOANG CONSUMER SSN OR SIN *****9792 CONSUMER BIRTH DATE - CONSUMER RESIDENCE ADDRESS 1 1954 CONIFER LN CONSUMER RESIDENCE ClTY SAN JOSE CONSUMER STATE CA CONSUMER ZIP CODE 951321809 CONSUMER RESIDENCE PHONE 4083341108 PRODUCT DESCRIPTION COSTCO ANYWHERE VISA CARD BY CIT! CONV ACCOUNT OPEN DATE 7/6/2013 CHARGE OFF DATE 3/20/2019 LAST PAYMENT DATE 12/17/2018 LAST PURCHASE DATE 2/17/2017 CHARGE OFF BALANCE 1950.15 SALE AMOUNT 1924.16 LAST PAYMENT AMOUNT 228 POST CHARGE OFF INTEREST O POST CHARGE OFF FEES O SALE_ID 050619MC1CC1FM Account information provided by Citibank, N.A. pursuant to the BiH of Sale / Assignment of Accounts transferred on or about 05/22/2019 in connection with the sale of accounts from Citibank, N.A. to Midland Credit Management, Inc. EXHIBIT B AA7()126 File N0.: 21735624 Costco Anywhere Visa® Card by Citi TRANG T HOANG Member Since 2013 Account number ending in: 1377 BilHng Period: 11/21/18-12/20/18 DECEMBER STATEMENT Minimum payment due: $369.00 New balance as of 12/2011 8: $1,795.44 Payment due date: 01116119 Seathe back of this statement for‘ hnaartant imfuvnation about how ta avoid paylng mterest 0n :urchases, Late Payment Warningzlf we do not receive your minimum payment by the date Msted above. you may have to pay a late fee of up to $37 and your APRs may be Increased up to the Penalty APR of 29.99%. Minimum payment warningzlf you make only the minimum payment each penod, you wiII pay more in interest, and it will take you longer to pay off your baIance. For example: If you make no additional You wiH pa off the balance And you wiH end up charges using this card shown on t e statement in paying an estimated total and each month you pay“. about... of... Only the minimum payment 8 years $2,938 For mformatxon about credit counseling services, call 1-877-337-8188, Pay your bill from virtually anywhere with the Citi Mobile? App and Citiy Online To download: Text ‘App15‘ to MyCiti (692484) or go to your device‘s app store. Or visut www.citicards.com 000000 NC 32 A O TRANG T HOANG 1954 CONIFER LN SAN JOSE CA 951324809 LSLDEI DDEEEHJU DL?‘15HH www.citicards.com Customer Service 1-855-378-6467 TTYihearianimpaw'red Services anty 186672100617 PD BOX 793046 ST. LOUIS, MC' 63179-0046 Your account is past due. Please pay at least the mw’nimum payment duel which includes a past due amount of $286.59, Account Summary Previous balance 31,959.03 Payments $228.00 Credits -$0.00 Pumhases +£30.00 Cash advances +S0.00 Fees +537.00 Interest +$27,41 New balance $1,795.44 Credit Limit Credit Limit $2,000 mdudes $400.00 casfi advance limit Minimum payment due $369.00 New balance $1,795.44 Payment due date 01/16/19 Amount enclosed: Account number ending in 1377 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 DDEEEDD 01.3?7 LHLB www.citicards.com Customer Service 1-855-378-6467 Page 2 sf 2 TTYfleafl'wg-émpaired sewices onw 186621070617 r TRANG T HOANG CARDHOLDER SUMMARY TRANG T HOANG Card end{ng m 1377 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount TRANG T HOANG No Activity Fees Charged 12/20 LATE FEE - NOV PAYMENT PAST DUE $37.00 Interest Charged 12/20 INTEREST CHARGED TO STANDARD- PURCH $27.41 TOTAL INTEREST FOR THIS PERIOD $2741 32018 totals year-tonate Total fees charged in 2018 $331.83 Total interest charged in 2018 $292.55 V Interest charge calculation Days m bwmg cyc\e:3o ur Annual Percentage Rate (APRHS the annual inter es- ra e m your accomt. Annual percentage Balance sublect Balance type rate (APR) to Interest rate Interest charge 17 24% (V) ADVANCES stanja :1 Ajv 2’245/0 M 3300(0, Your Annual Percentage Rate (APR) is the annual Interest rate on your 3rcount APRs followed by 1V) may‘lar,v Balances followed bw D) are de-eimh: :1 b I the daily balance metnod (includmg current [Iansactions]. Account messages Please be sure to pay on time If you submit your payme mt by mail we suggest you mail it no later than 01/09/2019 to allow enough time for regular maii to reach us ©2018 Crtibank N A CitiCC'ti wwth Arc Design are registered service marks 0f Citigroup mc. Visa( R) is a quistered trademark of Visa International Setvice Association EXHIBIT C AA_O] 27 File N0; 21-35624 TRANG T HOANG 1954 CONIFER LN SAN JOSE CA 95132-1809 Costco Anywhere Visa® Card by Citi Ai‘ CHI TRANG T HOANG Member Since 2013 Account number ending En: 1377 Billing Period: 02/21/19-03/20/19 MARCH STATEMENT Minimum payment due: $1,950.15 New balance as of 03/20/19: $1,950.15 Payment due date: 04/1 6/19 See the back of this statement for hnuurtani information about Wow to avoid paying interest on purchases, Late Payment Warning: If we do not receive your minimum payment by the date listed above. you may have t0 pay a late fee of up to $37 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make oniy the minimum payment each period, you wiil pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional You wiH pa off the balance And you will end up charges usmg this card shown on t e statement in paying an estimated total and each month you pay... about.., of.“ Only the minimum payment 1 months $1 950 For Information about credit counselmg services. call 1-877-337-8186 Pay your bill from virtually anywhere with the Citi Mobile" App and Cit? Online To download: Text 'App1 5' to MyCiti (692484) Dr go to your device's app store. Or visit www.citicards.com 000000 NC 32 A 0 www.citicards.com Customer Service 1-855-378-6467 TTY-hearingiimpaired services anly 1-866-210-3517 P3 Box 790046 ST. LOUIS. MO 63179-0046 Your account is past due. Please pay at Ie'dst the minimum payment due, which includes a past due amount of $535.72. Account Summary Previous balance $1,924.16 Payments $0.00 Credits $0.00 Purchases +SOVOO Cash advances +S0.00 Fees +$0.00 Interest 7 +$25.99 New balance $1,950.15 Credit Limit Credit Limit $2,000 Indudes $400700 casfl advance Hmit Minimum payment due $1 ,950.15 New balance $1 ,950.1 5 Payment due date 04/1 6/19 Amount enclosed: Account number ending in 1377 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-8019 LSLDCE [115501.51 DLEISULS DDEEfiDD 01-37? LHLD www.citicards.com Customer Service 1-855-378-6467 Page 2 3f 2 TTYi‘weamg-émpaired services oniy 17866721070617 TRANG T HOANG CARDHOLDER SUMMARY TRANG T HOANG Cam ending m 137T New Charges $0.00 ACCOUNT SUMMARY Sa‘e Post Date Date Description Amount TRANG T HOANG No Activity Interest Charged 03/20 \NTEQESTCHARSED TO STANGARD PURCH $2539 TOTAL INTEREST FOR THIS PERIOD $25.99 2019 totals year-to-date Total fees charged in 2019 $74.00 Total interest charged in 2019 $80.71 Interest charge calculation gays m gunng :yciezzs: ?YourAnnual P Annual percentage Balance subject rate (APR) to interest rate Interest charge $3.00 (D927 49% V) Your Annual Perc:ntage Rate (APR) is the annual interest rate on your accvunt, APRS folbwed by :V) may va'y. 3a‘a1cas follcwed by D; are Clemrmi-‘Hd by the dafly balane met'md (including :ur‘ent hansactionsi, Account messages Please note that if we received your pay by phone or online payment between 5 pm. ET and miquht ET on the last day 0T your billing period, your payment ww’H not be reflected until your next statement. Please be Sure to pay 0n time. If you submit your payment by mail, we suggest you maH it n0 iater than 04l09/ZD19 to allow enough Mme for regular mail t0 reach us. @2018 Citibank, NA. ‘ _ A Citw’, Citi with Arc DeSIQn are registered serwce marks of Citiqmup inc, sta£R> is a registered trademark of Visa International Service Association.
