ComplaintCal. Super. - 3rd Dist.July 31, 2017a K , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew W. Quall, #183759 Ranjeet K. Brar, #297142 FILLE © Alexa A. Chrisos, #308302 Superior Court of Californis Quall Cardot LLP ’ a 205 East River Park Circle, Suite #110 IL 31 2017 Fresno, California 93720 JUL (550) 418.0330 Fan _NakSoative Si cer & ctor (559) 418-0330 Fax By: M. Anderson, Deputy Attorneys for Plaintiff CAVALRY SPV I, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF Placer CAVALRY SPV I, LLC, CaseNo. MCV0068272 Plaintiff, Limited Civil Case V. COMPLAINT FOR COMMON COUNTS JADE DOTY, an individual; and DOES 1 1. Account Stated through 100, inclusive, 2. Open Book Defendants. Demand Amount: $1,023.17 BACKGROUND ALLEGATIONS 1. At all times herein mentioned, Plaintiff was, and now is, a limited liability company with its principal place of business located in Valhalla, New York, and at all times mentioned herein, was, and now is, authorized to do business in the State of California. 2. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as DOES | through 50, inclusive, and therefore sues these Defendants by fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes and, on that basis, alleges that each of these fictitiously named Defendants is responsible in some manner for the acts or omissions in this Complaint, and that Plaintiff's damages and injuries were proximately caused by the acts or omissions of these Defendants. Complaint for Common Counts -l- 10 11 12 13 14 15 16 17 18 19 20 21 ae 23 24 25 26 27 28 3. Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they have damaged it, but is unaware of their capacity or conduct as described in this Complaint. Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will seek leave to amend the Complaint when it has knowledge of facts indicating the true nature of their capacity and conduct in the events described in this Complaint. 4. At all times mentioned in this Complaint, each Defendant was the agent, servant, and/or employee of each of the remaining Defendants and was, in doing the things complained of, within the scope of his, her, or its agency and employment, and acting with full knowledge or subsequent ratification of his, her, or its principals or employees. 5. Defendants, and each of them, reside in this Judicial District. The account herein described was entered into and/or performed in this Judicial District such that this Judicial District is the proper venue for this action. (California Code of Civil Procedure section 395.) The obligation sued upon is not subject to the provisions of California Civil Code section 2984.4, nor California Civil Code section 1812.10. 6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, as defined in California Civil Code section 1788.50, subdivision (a)(1). The nature of the underlying debt and transaction which forms the basis for this complaint stems from the issuance of credit on an account Defendant(s) held with Synchrony Bank fka GE Capital Retail Bank account number ending in 7695 (hereinafter referred to as the “Account’’), and Defendant(s)’ failure to pay the balance due on the Account, resulting in a default on the Account by Defendant(s). ot. Plaintiff is the sole owner of the Account which forms the basis for this Complaint. 8. As of 08/28/2016, the date the Account was charged off by Synchrony Bank fka GE Capital Retail Bank, the balance on the Account was $1,023.17. 9. The date of default on the Account by Defendant(s) was 02/22/2016. 10. At the time the Account was charged-off, the name and address of the charge-off creditor and the charge-off creditor’s account number associated with the Account was: Complaint for Common Counts -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 oF 28 Synchrony Bank fka GE Capital Retail Bank, PO BOX 960061, ORLANDO, FL 32896-0061, account number ending in 7695. 11. The name and last known address of the Defendant(s) as they appeared in Synchrony Bank fka GE Capital Retail Bank’s records prior to the sale of the Account was JADE DOTY, 2793 BICKLEIGH LOOP, ROSEVILLE, CA 95747-8855. 12. The names and addresses of all persons or entities that purchased the Account after charge-off, including Plaintiff are as follows: Cavalry SPV I, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595. (True and correct copies of the chain of title reflecting the purchasers of the Account up through and including Plaintiff are attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 1.) All rights, title, and interest in the Account, which is the subject of the lawsuit were assigned to Plaintiff. 13. Plaintiff has complied with California Civil Code section 1788.52. 14. A true and correct copy of a contract or other document described in subdivision (b) of section 1788.52 of the California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2. FIRST CAUSE OF ACTION (Account Stated) 15. Plaintiff alleges each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in full. 16. An account has been stated between Defendant(s), and each of them, and Synchrony Bank fka GE Capital Retail Bank in the sum of $1,023.17. 17. The date of default on the Account by Defendant(s) was 02/22/2016. 18. Defendant(s), and each of them, are in default in that they have failed to pay the balance due. 19. Therefore, Defendant(s), and each of them are in default in the sum of $1,023.17. 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,023.17. Zs No part of said sum has been paid, although demand therefor has been made, and /// Complaint for Common Counts -3- there is now due, owing and unpaid from said Defendant(s), and each of them, to Plaintiff, said amount. SECOND CAUSE OF ACTION (Open Book) 22. ‘Plaintiff alleges each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in full. 23. Within four (4) years last past, Defendant(s), and each of them, became indebted to Synchrony Bank fka GE Capital Retail Bank on an open book account for money due in the sum of at least $1,023.17. Although demand therefore has been made, said Defendant(s), and each of them, have failed and refused to pay said agreed balance. There is now due, owing and unpaid from said Defendant(s), and each of them, the sum of $1,023.17. 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,023.17. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES OF ACTION: 1. For the charged-off balance of $1,023.17; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Dated: a g h2OU' 7 QUALL CARDOT LLP By [ | Matthew W. Quall [/| Ranjeet K. Brar [ ] Alexa A. Chrisos Attorneys for Plaintiff CAVALRY SPV I, LLC Complaint for Common Counts -4- DESCRIPTION LOCATION PAGE BILL OF SALE EXHIBIT 1 TO COMPLAINT 7 STATEMENT EXHIBIT 2 TO COMPLAINT 11 EXHI BIT 1 “ synchrony BANK BILL of SALE va ~ P o ft r 2016 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement"), dated as of this 25" day of August, 2016 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding LLC. and Retail Finance Credit Services, LLC., (“Seller”) and Cavalry SPV 1, LLC (“Buyer”), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on September 22, 2016, and as further described in the Agreement. By: ak ee - Name: saa in Title; Attorney In Fact Lynne Fisher AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Minnesota County of Ramsey Shannon Wiltgen being duly sworn, deposes and says: I am over 18 and not a party of this action. I am an Affidavit Documentation Specialist of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 9/22/2016 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Cavalry SPV I LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 24" day of October, 2016 mn. L) hannon Wiltgen ( JU Signed and sworn to before me this 24 day of October, 2016 by Nancy Quenomoen (Notary Stamp) : . N EN : ed 5 7, eHe x ae i ion i (\ \ . 2022 ~ 4 NY AOS 1.2 6/2/2014 - St. Paul BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY NANCY QUENOMOEN I, Brett Rouleau, an attorney-at-law admitted to practice in the State of Minnesota and fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Notary Nancy Quenomoen, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State of Minnesota and confirms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, on October 24, 2016. Hetil Lado Brett Rouleau Attomey at Law, State of Minnesota EXHIBIT 2 CAR CARE ONE MAACO & MEINEKE/SYNCB Cardholder Name: JADE DOTY Account Number : Statement Closing Date: 01/29/2016 Paymentinformation __ : : Previous Balance $0.00 | | New Balance $758.44 + New Purchases $758.44 | | Total Minimum Payment Due $38.00 - Payments $0.00 | | Payment Due Date 02/22/2016 + Credits, Fees & Adjustments (net) $0.00 | | paYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE. +/-_ Interest Charge (net) $0.00 | | We may convert your payment into an electronic debit. See New Balance $758.44 | | reverse side. Credit Limit $800.00 Available Credit $41.00 | | Late Payment Warning: If we do not receive your Total 2 midis . Minimum Payment Due by the Payment Due Date listed above, Days:in Billing Period 24 you may have to pay a late fee up to $37.00. Pay online for free at: mysynchrony.com Minimum Payment Warning: Making only the Total Minimum For Synchrony Bank customer service or to report your | | Payment Due will increase the amount of interest you pay and card lost or stolen, call 1-866-396-8254. the time it takes to repay your balance. For example: Best times to call are Wednesday - Friday. i charges the ba using this card and on thi statement each month you -s in about... Only the minimum 4 years payment $1,311.00 If you would like information about credit counseling services, call 1-877-302-8797. Promotional Expiration Notification YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON THIS STATEMENT FOR FURTHER DETAILS. YOU HAVE A PROMOTION(S) EXPIRING ON 01/30/17. “NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 D6H z 7 #27 «160129 PAGE 1 of 5 9072 0200 CTJ3 01¢CS85302 Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink. 02/22/2016 $758.44 GERD 7605 ommeet: $V I0.00 New address or e-mail? _|f you only pay the Total Minimum Due it may not pay off the Promotional Purchase by the Expiration Date. Check the box at left and print changes on back JADE DOTY 2793 BICKLEIGH LOOP . ROSEVILLE CA 95747-8855 Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 Cardholder Name: JADE DOTY Account Number: ED 7695 Statement Closing Date: 01/29/2016 Promotional Purchase Summary __ Deferred Promotional Promotional Tran Date | Description Initial Expiration Balance Interest Charge Purchase Date Amount 01/30/2017 $758.44 $15.09 | 01/06/2016 | Deferred InterestNo Interest If Paid In $758.44 Full A summary of your promotional purchase is provided above. If you have a DEFERRED INTEREST/NO INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date. To make more than one payment see Make Payment To address or pay online at mysynchrony.com. Tran Date Post Date Reference Number Description Amount 01/06/2016 01/06/2016 8534812QPLGLYRYQH MEINEKE ROSEVILLE CA $758.44 DEFERRED/NO INTEREST IF PAID IN FULL FEES TOTAL FEES FOR THIS PERIOD $0.00) INTEREST CHARGED 01/29/2016 01/29/2016 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2016 Totals Year-to-Date [Total Fees Charged in 2016 $0.00) Total Interest Charged in 2016 $0.00 Total Interest Paid in 2016 $0.00! Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type of Balance Percentage Interest Rate Rate (APR) Purchases NA 29.99% $0.00 $0.00 Deferred Interest/No Interest If Paid In Full 01/30/2017 29.99% $765.65 $0.00 New Promotional Financing Plans This notice is to let you know about some promotional financing plans that may be available for you when you use your card for future purchases. This is only a summary of key terms. At times, we may offer you other promotional financing plans for certain purchases. Details of available promotions will be provided to you at the time of your transactions. Not all plans or all plan periods will be available at every retailer. For purposes of this notification, your. Purchase Annual Percentage Rate ("APR") is 29.99% See the Interest Charge Calculation section of this billing statement to determine if this APR is variable. If a (v) is shown next to your APR, this APR will vary with the market based on the prime rate. Subject to credit approval. Regular account terms apply to non-promotional purchases and, after promotion ends, to promotional purchase. No Interest if Paid Within Promotional Period (These can be advertised as Deferred Interest promotions) Under this promotion, no Interest Charges will be assessed if the promotional purchase balance (including any promotional fee) is paid in full within the promotional period. If the promotional purchase balance is not paid in full by the end of the promotional period, interest will be imposed from the date of purchase at the | Purchase APRstated above. Minimum monthly payments are required. This promotion may be offered for periods of 6, 9, 12, 18, or 24 months. Please keep this for your records.If you have any questions, please call us at the Customer Service number shown on your statement. 5302 D6H 1 7 27 160129 PAGE 2 of 5 9072 0200 CTJ3 01CS5302
