ComplaintCal. Super. - 3rd Dist.August 3, 2017H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 S A N JO SE C A L I F O R N I A 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael S. Hunt #99804 Janalie Henriques #111589 Devin Jacobsen #308722 HUNT & HENRIQUES, Attorneys at Law 151 Bernal Road Suite 8, San José CA 95119-1306 UG -3 201/ Telephone: (800) 680-2426 : Facsimile: (408) 362-2299 Attorneys for Plaintiff File no. 1209427.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Bill Santucci Justice Center Courthouse 59 MIDLAND FUNDING LLC CaseNo, MCVOO0ES1 Plaintiff, COMPLAINT FOR: vs. (1) Account Stated (2) Open Book Account PRAYER AMOUNT: $2,904.96 LISA GEE LIMITED CIVIL Amount demanded does not exceed Defendant(s). $10,000 Plaintiff, MIDLAND FUNDING LLC, (‘Plaintiff’), alleges: 1. Plaintiff is a limited liability company. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, LISA GEE (“Defendant’’), is a resident of PLACER County, State of California. os At all times herein mentioned, Defendants, and each of them, were the principals, agents, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, was acting in the course and scope of said authority of such agents, servants, and employees. COMPLAINT Page 1 A11209427 H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 S A N JO SE C A L I F O R N I A 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2014, and therefore, is subject to California Civil Code § 1788.50, et seq. COMPLIANCE WITH CIVIL CODE § 1788.50, et seq. Pursuant to California Civil Code § 1788.58(a)(1)-(9): 5. Plaintiff is a debt buyer. 6. GE Capital Retail Bank (*“GECRB*), which changed its name to SYNCHRONY BANK (SYNCB) on June 2, 2014, issued a credit account to Defendant. Defendant used, or authorized the use of, the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the required payments. Subsequently, all right, title and interest in the credit account were assigned and transferred to Plaintiff. 7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert the rights of all owners of the debt. 8. The balance at charge-off was $2,904.96. Plaintiff is not seeking to recover any post charge-off fees or interest. 9. The date of last payment on the credit account was on or about November 21, 2014. 10. The name of the charge-off creditor is SYNCHRONY BANK (formerly known as *GECRB*) and the account number of the charge-off creditor ended in 9848. An address SYNCHRONY BANK maintained at the time of charge-off was: P.O. Box 965033 Orlando FL 32896 11. The last known address that the charge-off creditor had for Defendant is: 1886 PICO RIVERA DR ROSEVILLE CA 95747 12. The subject credit account has been purchased by the following entity after charge-off: Midland Funding LLC who maintains an address at 2365 Northside Drive, Suite 300, COMPLAINT Page 2 A11209427 H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 S A N JO SE C A L I F O R N I A 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2] 28 San Diego, CA 92108. 13. Plaintiff has complied with Section 1788.52 of the California Civil Code. 14. Attached hereto as Exhibit A is a true and correct copy of the most recent monthly statement recording a purchase, payment or balance transfer prior to charge off. FIRST CAUSE OF ACTION: ACCOUNT STATED 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 16. | Within the last four years, an account was stated in writing between Defendant and SYNCHRONY BANK (formerly known as *GECRB*) and on the account a balance of $2,904.96 was stated to be due to SYNCHRONY BANK from Defendant. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement showing the balance due and owing of $2,904.96. 17. Before the commencement of this action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of the credit account. 18. Plaintiff has made demand on Defendant for repayment of the credit account but Defendant has failed to pay the balance due. 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been posted to the credit account. 20. The current balance presently due and owing is $2,904.96. SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 22. Within the last four years, Defendant became indebted to SYNCHRONY BANK (formerly known as *GECRB*) on an open book account for money due in the sum of $2,904.96 for money lent, paid, laid out, and/or extended to or for Defendant at Defendant’s special instance and request and for which Defendant agreed to pay the above sum. 23. Before the commencement of this action, Plaintiff was assigned the credit account COMPLAINT Page 3 A11209427 H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 S A N JO SE C A L I F O R N I A 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and indebtedness. Plaintiff is now the owner and holder of the credit account. 24. Plaintiff has made demand on Defendant for repayment of the credit account but Defendant has failed to pay the balance due. 25. Payments, set-offs, credits or allowances, if any, at or after charge off, have been posted to the credit account. 26: The current balance presently due and owing is $2,904.96. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. For the current balance presently due and owing of $2,904.96; 2. Costs of suit; and 3. Any such other relief as the Court may deem just and proper. By: NX Dated: July 14, 2017 Devin Jacobsen #308722 HUNT & HENRIQUES Attorneys for Plaintiff COMPLAINT Page 4 A11209427 EXHIBIT A Online Code DECSHOP seve Lose] N00 0000 i | owtsaots | 5/2015Expiration Date MC4524264420000031839454 LISA GEE Visit us at jcp.com/credit Account Ending: *** *** 984 E | Customer Service: 1-800-527-7717 PO Box 965009 Orlando FL 32896-5009 Summary of Account Activity PENT a@ ieleiicliele) Previous Balance $2,498.76 New Balance $2,312.66 - Payments $240.00 Total Minimum Payment Due $78.00 + Interest Charged $53.90] | Payment Due Date 12/25/2014 New Balance $2,312.66| | Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late Credit Limit $2,500.00 fee up to $35.00. Avaliable Credit $84.00 Minimum Payment Warning: If you make only the Statement Closing Date 12/02/2014 minimum payment each period, you will pay more in interest Days in Billing Cycle 30 | and it will take you longer to pay off your balance. For example: mated total - Only the Minimum 10 years $5,717.00 payment $94.00 3 years $3,398.00 (Savings = $2,319.00) If you would like information about credit counseling services, call 1-877-302-8775. Current Status: JCPenney Platinum Cardmember Keep itup! Eam JCPenney Platinum Card Status a again $633.22 this year and continue to enjoy these benefits next year: -Take advantage of free shipping events! -Receive $10 or $15 coupons during the year!* *Coupons may have minimum purchase requirement. Total year to date spend Additional spend needed to reach/maintain: -JCPenney Gold Card Status $0.00 -JCPenney Platinum Card Status $366.78 PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR IN-STORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. NOTICE: Your payment may be converted into an electronic debit. See reverse for details, Billing Rights Information and other important information. PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BANK. Good news! Gold & Account Ending: *** *** 984 8 Platinum upgrade Total Minimum Payment Due Date New Balance status levels are Payment Due back. $78.00 | 12/25/2014 [ $2,312.66 See details on back. FILL IN TOTAL PAID $ [| [| | | [| [| | WEI 10 . New address or email? Print changes on the back. LISA GEE 1886 PICO RIVERA DR ROSEVILLE CA 95747-5066 Synchrony Bank/JCP. P.O. Box 960090 Orlando FL 32896-0090 5433 HOH 1 7 21 141202 PAGE 1 of 5 9119 5300 M172 O1GP5433 Transaction Summary Tran Balance Date Reference Number Type Description of Transaction or Credit Amount 11/21 P911900NPOOXTZRON PHONE/ONLINE PMT THK YOU ALPHARETTA GA ($240.00) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 12/02 INTEREST CHARGE ON PURCHASES $53.90 TOTAL INTEREST FOR THIS PERIOD $53.90) 2014 Totals Year-to-Date Total Fees Charged in 2014 $280.00 Total Interest Charged in 2014 $640.13 Total Interest Paid in 2014 $635.40 Interest Charge Calculation . Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Expiration Percentage Subject To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Regular NA 26.99% $2,429.34 $53.90 E Cardmember News & Information The following special promotions may be offered at JCPenney Stores and online at jcp.com: No Interest for 6, 12, 18, 24 or 36 months. For each promotion, after the promotion ends, a 26.99% APR will apply. The following special promotions may be offered at JCPenney Stores and online at jcp.com: No Interest if Paid in Full Within 6, 12, 18, 24 or 36 Months. For each promotion, if the promotional balance is not paid in full within the promotional period, interest will be imposed from the date of purchase at the APR that applies to your account when the promotional purchase is made. For each promotion, after the promotion ends, a 26.99% APR will apply. Good news - Gold and Platinum upgrade status levels are back! Cardmembers who have spent $500 on their JCPenney Credit Card this calendar year over 2 or more shopping days will be automatically upgraded to JCPenney Gold Card Status, and cardholders who have spent $1,000 on their JCPenney Credit Card this calendar year over 2 or more shopping days will be automatically upgraded to JCPenney Platinum Card Status. Certain conditions and limitations apply. See back of statement for additional information. Cardmember Benefits & Information Monitor your account at jcp.com/credit and take advantage of the easy way to: view recent transactions, view and pay your bill, update personal information and much more. Good news! Now you can earn up to $100 in jcp rewards each month when you use your JCPenney Credit Card to make qualifying purchases. See a JCPenney Associate member or visit jcprewards.com/credit for details. 5433 HOH 1 7 21 141202 PAGE 2 of 5 9119 5300 M172 O1GP5433 EXHIBIT B LISA GEE Account Ending: *** *** 984 § Summary of Account Activity Previous Balance $2,837.05 + Interest Charged $67.91 New Balance $2,904.96 Credit Limit $2,500.00 Available Credit None Statement Closing Date 06/02/2015 Days in Billing Cycle 32 Visit us at jcp.com/credit Customer Service: 1-800-527-3369 PO Box 965009 Orlando FL 32896-5009 Payment Information New Balance $2,904.96 Amount Past Due $646.00 Total Minimum Payment Due $743.00 Payment Due Date 06/25/2015 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: If 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: $6,165.00 payment If you would like information about credit counseling services, call 1-877-302-8775. (Continued on next page) PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR IN-STORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. Transaction Summary Tran Balance Date Reference Number Type Description of Transaction or Credit Amount FEES TOTAL FEES FOR THIS PERIOD $0.00 NOTICE: Your payment may be converted into an electronic debit. See reverse for details, Billing Rights Information and other important information. PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BANK. Good news! Gold & Platinum upgrade status levels are back. beet eit Ost} $743.00 | See details on back. WEEN 401A LISA GEE 1886 PICO RIVERA DR ROSEVILLE CA 95747-5066 Total Minimum Amount Past Due Account Ending: *** *** 984 bare UT tE New Balance Due Date $646.00 |_06/25/2015 | $2,904.96 worm § IO OO New address or email? Print changes on the back. Synchrony Bank/JCP P.O. Box 960090 Orlando FL 32896-0090 5433 HOH 1 7 1 150602 EX PAGE 1 of 3 9119 5300 M172 01GP5433 Transaction Summary (Continued) Tran Balance Date Reference Number Type Description of Transaction or Credit Amount INTEREST CHARGED 06/02 INTEREST CHARGE ON PURCHASES $67.91 TOTAL INTEREST FOR THIS PERIOD $67.91 2015 Totals Year-to-Date Total Fees Charged in 2015 $140.00 Total Interest Charged in 2015 $359.02 Total Interest Paid in 2015 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Expiration Percentage Subject To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Regular NA 26.99% $2,869.81 $67.91 E Cardmember News & Information Your account is in default. Pursuant to your Account Agreement, if we do not receive sufficient payment by the due date above, we will terminate any financing promotion(s) on your account and seek immediate payment of your entire account balance. Please contact us at 1-800-945-6596 for the amount you must pay to avoid this. Good news - Gold and Platinum upgrade status levels are back! Cardmembers who have spent $500 on their JCPenney Credit Card this calendar year over 2 or more shopping days will be automatically upgraded to JCPenney Gold Card Status, and cardholders who have spent $1,000 on their JCPenney Credit Card this calendar year over 2 or more shopping days will be automatically upgraded to JCPenney Platinum Card Status. Certain conditions and limitations apply. See back of statement for additional information. Cardmember Benefits & Information Monitor your account at jcp.com/credit and take advantage of the easy way to: view recent transactions, view and pay your bill, update personal information and much more. 5433 HOH 1 7 & 150602 EX PAGE 2 of 3 9119 5300 M172 01GP5433 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: MIDLAND FUNDING LLC v. LISA GEE CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurred in this judicial district. The address of the tort is: Street (if known) City Zip Code (or nearest major intersection) 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X__5. Defendant resides in this judicial district. The address of the defendant is: 1886 PICO RIVERA DR, ROSEVILLE CA 95747 Street City Zip Code | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Plaintiff's Attorney Devin Jacobsen #308722 Hunt & Henriques DATED: July 14, 2017 1209427.001
