Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 20, 2021MATTHEW J. KUMAR, ESQ. Bar No. 283521 ALI FARZIN, ESQ. Bar No. 278564 SALUMEH FARSHIDPANAH, ESQ. Bar No. 321445 FARMAR LAW GROUP, PC 14900 Magnolia Blvd. ¹55997 Sherman Oaks, CA 91403 Phone: (888) 700-4774 Fax: (888) 625-2445 Attorneys for Plaintiff Internal File No. CR194642 10 SUPERIOR COURT OF THK STATE OF CALIFORNIA COUiNTY OF SANTA CLARA, SANTA CLARA - "LIMITED CIVIL" 12 13 14 15 16 17 19 20 SECOND ROUND SUB, LLC Plaintiff, vs. SANTIAGO PRIETO and DOES I through X, inclusive, Defendants. ) CASE NO, ) ) ) COMPLAINT FOR MONEY: ) OPEN BOOK ACCOUNT, AND ) ACCOUNT STATED, ) (COMMON COUNTS); ) DECLARATION OI VENUE AND ) DECLARATION PURSUANT TO ) CALIFORNIA B&P SECT.6322.1(c)(1) ) ) DEMAND AMOUNT: ) $2,193.10 21 22 23 24 25 26 27 PURSUANT TO 15 U.S.C. t11692g AND CALII"ORNIA CIVIL CODE t'11788.17, UNLESS YOU, WITHIN THIRTY DAYS Al'TKR RECEIPT OF NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WII.L BE ASSUMED TO BE VALID BY THIS DEBT COLLECTOR. IF YOU NOTIFY THIS DEBT COLLECTOR IN WRITING, WITHIN THE THIRTY DAY PERIOD THAT THE DEBT OR ANY PORTION THEREOF IS DISPUTED, THIS DEBT COLI,KCTOR WILL OBTAIN VERIFICATION Ol THE DEBT OR A COPY Ol" A JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BK MAILED TO YOU BY THIS DEBT COLLECTOR. UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY DAY PERIOD, THIS DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. -I- COMPLAINT FOR MONEY E-FILED 4/20/2021 6:33 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381315 Reviewed By: Ashley Mackenzie 21CV381315 6272669 THIS COMMUiVICATlON IS AN ATTLrMPT TO COLLECT A DEBT. ANY INFOR1iIATION PROVIDED MAY BK USED FOR THAT PURPOSE. THIS COMMUiVICATION IS FROM A DEBT COLLECTOR. 10 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT REQUIRE THAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES, COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9 P.M. THEY MAY NOT HARASS YOU BY USING THREATS OF VIOLKNCK OR ARREST OR BY USING OBSCENE LANGUAGE. COLLECTORS MAY NOT USE FALSE OR MISLEADING STATEMENTS OR CALL YOU AT WORK Hr THEY KNOW OR HAVE REASON TO KNOW THAT YOU MAY NOT RECEIVE PERSONAL CALLS AT WORK. FOR THE MOST PART, COLLECTORS MAYNOT TELLAViOTHERPERSON,OTHERTHAN YOUR ATTORNEY OR SPOUSLi-, ABOUT YOUR DEBT, COLl,llCTORS MAY CONTACT ANOTHER PERSON TO CONFIRM YOUR LOCA.TION OR ENFORCE A JUDGMENT. 1OR MORE INFORMATION ABOUT DEBT COLLECTION ACTIVITIES, YOU MAY CONTACT THE FEDERAL TRADE COMMISSION AT I-877-FTC-EIKLP OR WWW.FTC.GOV. Plaintiff, SECOND ROUND SUB, LLC ("Plaintiff') alleges against Defendants, SANTIAGO PRIETO and DOES I thru X, inclusive, ("Defendant") as follows: 1. That Plaintiff is now and was at all times mentioned a Limited Liability Company authorized to do and engaged in doing business in the State of California. 2. That Del'endant is a natural person currently residing in the State of California, to whom Plaintiff's assignor extended credit. 3. That thc true names and capacities, whether individual, corporate, associate, or othcrwisc, of thc defendants named in this action as DOFS I through X, inclusive, are unknown to Plaintiff who therefore sucs said dcfcndants by such fictitious names. Plaintiff will amend this Complaint to show their true names and capacities when they have been ascertained. Plaintiff is informed and believes and thereon allcgcs that each of these fictitiously named defendants is responsible in some manner for thc occunences herein alleged, and that plaintiff's damages as herein alleged were proximately caused by their conduct. COMPLAINT FOR MONEY CALIFORNIA CIVIL CODE t'lt'11788.50-1788.64 4. On or after Jamiary I, 2014, Plaintiffpurchased ihe consumer credit account that is the basis of this action. As a result, this action is subject to Civil Code (tj1788.50-1788.64. PURSUANT TO CALIFORNIA CIVIL CODE 81788.58{a): {I) Plaintiff is a debt buyer. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 {2) Comcnity Capital Batik issued and/or seiviccd an extension of credit to Defendant, Defendant accessed that credit and used ii, or otherwise authorized its use, for the acquisition of goods, services, balance transfers, and/or cash advances. During that time, Defendant was in receipt of billing statements detailing any activity or other transactions that occurred within a specified period of time on the credit account. Defendant then failed to make the regular paytnents when duc, thereby causing a default in the repayment of the credit account. Plaintiff subsequently received all of the rights, titles to, and interest in said credit account. (3) Plaintiff is now the sole owner of thc debt at issue, or has the authority to assert the rights of all owners of the debt. (4) The debt balance at charge-offwas $2,193.10. Plaintiffhas not added nor does ii seek any post-charge-off interest or fees. (5) The date of the last payment was on or about October 3, 2018. (6) The name and an address of the charge-off creditor ai the time of charge-off was: Comenity Capital Banl&, PO BOX 659820 SAN ANTONIO TX 78265-9120. The charge-off creditor's account number associated with the debt is XXXXXXXXXXXXXX5131 . 25 26 27 (7) The name and last known address of the Defendant as they appeared in the charge-off creditor's records prior to ihe sale of the debt were: SANTIAGO PRIETO, 7490 ROGERS LN APT 5 GILROY CA 95020-5831. COMPLAINT FOR MONEY (8) The names and addresses of all persons or entities that purchased the debt after charge- off are as follows: SECOND ROUND, LP, 1701 DIRECTORS BLVD, STE. 900 AUSTIN TX 78744; SECOND ROUND SUB, LLC, 1701 DIRECTORS BLVD, STE. 900 AUSTIN TX 78744. (9) Plaintiff has complied with California Civil Code It 1788.52. 5. Attached hereto and incorporated hcrcin as Exhibit "A" is a copy of the document required by California Civil Code It'1788.52(b). 10 FIRST CAUSE OF ACTION (Open Book. Account - as to atl Defendants) 6. Plaintiff realleges and incorporates in this ctntse of action the allcgat.ions of 12 Paragraphs 1 through 5, inclusive. 13 14 15 16 17 18 7. That within the last four years, Comenity Capital Bank and Defendant established an Open Book Account for account number XXXXXXXXXXXXXX5131 arising from a written agreement. Said Open Boolc Account reflected all debits and credits in connection with the aforementioned account, and was kept in permanent foun in the regular course of business by Comenity Capital Banlo As of its final entty, srdd Open Book Account provided that Defendant was 19 20 21 22 indebted to Plaintiff's assignor in the sum of $2,193.10. Payments or credits in the amount of $0.00 have since been posted to the subject account, leaving a total outstanding principal balance ducol'2,193.10. 23 24 25 26 27 28 COMPI,AINT FOR MONEY SECOND CAUSLr OF ACTION (Account Stated - as to att Defendants) 8. Plaintiff realleges and incorporates in this cause ol'ction the allegations of Paragraphs I through 5, inclusive. 9. That on or about May 07, 2019, an account was stated by and between Comenity Capital Bank and Defendant, at which time it was found to be due from Defendant the sum of $2,193,10. The said account was stated in writing and it was agreed by Comenity Capital Bank and Defendant that Defendant was indebted to Comenity Capital Bank. Although demand has been 10 made, no part of that sum has been paid or credited except for the amount of $0.00 on said account. 12 13 This results in a total outstanding principal balance due of $2,193,10, which is owed to Plaintiff as assignee. 14 15 WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: 16 17 20 AS TO ALL CAUSES OF ACTION 1. Principal in the sum of $2,193.10; 2. Costs of suit incurred in this action; and 3. Such other and further relief as the Court may deem proper. 21 22 t ARMA 0UP, Pe 24 25 26 27 [ A(fTH~ J. 1&UMAR, ESQ. ALI ~ZIN, ESQ. [ ] SALUMEH FARSHIDPANAH, ESQ. Attorneys for Plaintiff 28 COMPLAINT FOR MONEY Enjoy your drive eEnrd'eII.thie:r wii Ch''o'u'-,II;::-Oebrh"'-' 2 5 7 10;272:"i:;:::::.-.:-:==:: '-== .;=:-.,=:'.;:-„::::;;!;:@le 02.:72:::=-':~"-; as CURRENT: ?TO?f/8 BALIA»N REDEFM TN.OEE/Tilt CE,I300ADEFR VTAELUE" .-„.=, FI;IjHIIP'i::X¹P~V! P evious oslance Payments Ottter credrts Pu chase- Other debits Cash advance Balanoe lrsnster Fess charged inle.est charged New balance Past due amount 0 SCht lsnrt Available c edrt Cash credit linrit Available cash Statement closing date Days in bllBng cycle $ 1,535 75 -60 00 0 00 0.00 0.00 0.00 0.00 38.00 34 69 $1,649.44 0.00 $3,000.00 3 1,350.56 $600 00 $600 00 10/07/2016 31 ~~wmmtllmot~ Accoitnt no ""-'"'"-"""-513 I PAGEIO r Nevi balance M/nlmum paymeni due Payment due date $ 1,649 44 $51 00 \Im2I2018 It ycu make no ddmo charge u I g this srd Y atpy ff Ady wia file balance shown end up paying «n, n th t tsmcnt asti t d tot I bo I. of. Ortly I w rninirnvm pnyrnenl 9 years $66 3ysas m362 , ise I gs$1316) I d0 counselrn sFor information regarding cre g ENrcss, call 1-500-264-1706 Late payment warning: if we do not receive your minimum paymeni by I I/02/201 tl you may have lo pay up tc e $38 00 late fee 3'Nntmum payment vrsrnlng: 8 you maKe otrly tire t~ Inkttu/n pawnenl for each per od, you will pay more In Interest acd II wsi lake you longer to pay ofl your balances For example AcccuntGuestlons? Need tomakespayment? We ttoknowhcwt Bop p rl p Vert ccnrerrrty csVtoyotsrewerdsviss or cali I 844 271 2695 ITDD/TTY I 888 819 1918?, Want to stay Irt tits krrcvrwith credit tips md news? Visit us at facebcok.comhskccmentty or st twrttermm /sskc men/ty. ~aasrmmvweamekov» l DDIYI forget to update your tghile you'e visiBng ; information by visiting ToyotsRewardaVisa corn, ndd 'oyotaRewardaViea.corn eo ynu an authorized buyer to your don't miss ou! on exciting offer- account to earn even more reward points. Go paperieaar To enroll in paper?sea etalemenl notifications'isit ToyotaRewardeVse corn SssggiigggKWORI88$528 TEANS DATE TSANS/ICTION DESCE/PTION/LOCATION 10/03/201 S PAYMENT - TNANIC YOU SNIOUNT -SO,OO Fee- l 0/0$2018 LATE FEE Total fees charged for this period 36 00 $38.00 Interest charged interest charge on ptrrchases Interest charge on cash advance Interest charge on be lan as t/an ster Total Interest for this period $34.69 30.00 $0 00 $3'f.69 ! 201 8 totals year to date Total fees cha ged In 2DI8 Total interest cha ged in 2018 $217.00 $329 46 EXHIBIT Y ,lheve moved crupCsted my A E..mse address ~ sse reverse lAC vi N bola f/Innwm paym $ 1,649M4 '51,001 99 0 Psy e I usl each us by 6 pm ET on 11/02/201 5. if f il'ffif 'b fll'i'll'ffl'll'fi " ii'lff I I ll ilil lfil 0 i SANTIAGO PRIETO 7490 ROGERS LN APT 8 GILROY CA 95020-5831 8I Pteose moke check payttble to COSIE NITY - Toyota News ds Visa Please return& t Isa portion along with your payment Ic PO BOX 658820 SAN ANTONIO TX 78265-9420 fil ifi f'f - II ff ffff " Ifn 'flfl fillip i?if'i'flfl « lf'I I?660100k 00 '0211 000005100 00016149lfif tYh tmo If Y Vlf el F«dANIIk Oft'fkt I SALANCECOMPUTATIONMETHOO W I hl t.l t t o t lyt DO NOT USE I HE ENCLOSED AEMITI'ANCE ENVELOPE. ' BM I C d)(loorl Y I IIBtlfH'I 1318). '.IEQUHIEli,WYINTEOI'Yo. 3 IYIIIVColh CftLST,ftiU1LI'tdENT,YW INILDVIPMT . I'IAIVI IVTIRESI Lt1WPAYMCNT Df INI PY Rfl Ilxmk INItlt ht, I'rdRLNI BLUUA(tO. UL'NI ILII'I m Jttkk INILIILSI. tNJltf PAYIALNI, Ut INI LUrf PYO ULILB INI It kt hi. LUVI PrlYklt 'U eod I UW Al'R EB I'AY m LUW PU. t DUAL Seed tl t 4 I t CUSTOMER SERVICE, PO e « lt!3flo3. C t 3 Ol 43218.dhtl3 43218.3043 ~OTICEABOUT ELECTRONICCHECACONVENSION IVhe y t d Y USA, lo . C «: tF I C.rc ltNmltor litt. II ym IN t 4 Mimic, 8 Nl I Tit ('llo fi I ~ tNhm Mt SNL Seo No. Siteet Adtlre y AOI Ne RR PO Box C ly 13th TOCod. H4m . I'ho w IV rk Plw e Fmetl A. Ir TRANSFER A BALANCE TO YOUR TOYOTA REWARDS VISA" CREDIT CARD Start snving today by trausferriug n balance to your Toyota Reivsrds Vien" Crc&lit Card by October 27, 2018. Balances transferred during ibis tints will receive a 0% prorunliorml AFR thrnugh March 2020 aml no Balance Transfer fees. After the 0% proniotionslAPR end&, you will be charged a vaidable rate of 20.49%i APR. This APR will vary TVith the marl&et based on tbe Prime Rate. There are nn Balance Transfer fees associated with this offec You cau alake higher-interest balances a thing of the psst! BURRY!! Tahe sdvantnge ol'his offer an or before October 27, 2018. For full details, visit conlcnity.uet/toyotirmmvtirdsvisa/bnlaneetransfer or call 1-844-271-2696 (TDD/TTY 1-888-819-1918). Sec tlm 'Additiunal Important hlcssages'&ection fur further detaib. PAGE 3O 4 APR 24 7400/ 25.7400% I ) Pvrohssss Cash advances Your Arinusi Psrcerilage Hale (APH) Is ihs anr&uai iniervst rata n 7 vr Epcovnl 04 page 2 lcr mors dsisiis TYPE OF SALANCE iiALANCE EU EJECT To INTEREST RILTE i,ssl.la 0 00 INTEREST OHAIIGE 34 se 0 00 Sse BALANCE CCMPC I'AT ICN MP I HCC You may be required tu have your fuii credit card acr;uunl number readily available when enrolling In Account Center or paying your bill througti ongne bill pay or sBiii, by phone, or ln-store Your account number can be found on your credit card. Important Balance Transfer information& The promotional APR applies only to balances transferred in connection with ttils offer ~ The promotional APR does not apply to any existing balances on your account. ~ You cannot transter balances trom any other account you have with Comenlly Bank or Comenity Capital Bank. ~ The cash credit limit is 20% of your account credit limit The available cash and the availabls credit on yo ir account wilt bs reduced by Ihe total amount uf the balance transter(s) Balance transfer fee(s) will reduce your available credit lf applicabls to your offer. ~ Transferred balance amounts do not qualify for Rewards Points ~ We may process your requests ln any order we choose. ~ If your request(s) exceed ths available credit on your acr:uunl we may decline to process the request or transfer a lesser amount than requested ~ We reserve Ihs nght not to process any Balance Transfer requests for Rny reason't may take up to 30 days to complete your requested transfer(s) You should contmue lo make paymenls on any account from which you are translerring balances until Ihe balance transfer appears on the other account as a credit. We wlh cancel lhe request lf It is not completed within 30 days. Sub)sct to credit approval ~ Not ag accounls will be egglbls for balance transfers ~ Monthly payments ars required per your credit card agreement ~ Sss your credit card Agreement for other fees und lees that may apply to Balance Transfers outside of this promotional offer 'This number may not reflect all current earnings due to calculation delays All earnings not reflected on this statement wig be reflected on your next bihing tatement. The Toyota Rewards program ls provided by Comenlty Capital Bank which is solely responsible for the Program operation, Including all rewards. Comenlty capital Bank may change the terms of tha Program at any time Ses loyotarewardsvisa corn for Rewards Terms and Conditions Federal lsw requires us to provide the following notice. We may repon Information about your account to credit bureaus Late paymsnls, missed payments or other defaults on your account may be reflected In your credit report Protect yourself against mail and phone consumer fraud http //about usps,corn/publicagons/pub25l/welcome htm q660100q 00000212 000005100 00016qqqq PB3IIAg OA /OUI" BCCOUA't IS BS tBBSY BS 1-2.3! Mail payment to Comenily Camtal Bank PO BOX 859820, BAN ANTONIO, TX 78255 9120 Q Call to schedule a sameday Payment'-844271-2695 (TDD/7TV 1-888819-\ 91 8) To reglst r or sign-in to your Account Center visit comenlty net/loyotarewmdsvlsa DECLARATION OF'ENUE AND DECLARATION PURSUANT 'I'0 CALIFORNIA B&P SECT. 6322.1(c)(1) I, the undersigned, declare: 1. I ain one of the attorneys for Plaintiff in this action. 2. Tlie above-entitled action is subject to thc provisions of Code of Civil Procedure g 9 10 Section 395(b). 3. Upon information and belief, venue for this action is proper in the above-entitled Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District. 12 13 14 15 16 17 19 20 4. This case qualifies for the lower fee set forth in California Business and Professions Code section 6322.1(c)(1) because thc claim for money damages will not exceed the monetary jurisdiction of small claims court and this action is filed by an assignee of the underlying c1iiim. 5. If called as a witness, I would competently so testify. I declare under penalty ofperjury under the laws of thc State ofCalifornia that the foregoing is true and correct. 21 22 Executed on "P~ " 1 ~~7-", at Sherman Oal&s, California. 23 24 FARMAR UP, PC 25 26 27 [ ] ATTPLEVf J, l&UMAR, ESQ, ALI FARZIN, ESQ. ] SALUMEII FARSHIDPANAH, ESQ. Attorneys for Plaintiff COMPLAINT I'OR MONEY
