ComplaintCal. Super. - 3rd Dist.July 31, 2017- MATTHEW J. KUMAR, ESQ. Bar No. 283521 ALI FARZIN, ESQ. Bar No. 278564 FILES LAW OFFICE OF RORY W. CLARK, dupérior Court of Calltornic A Professional Law Corporation _ County of Placer 14900 Magnolia Blvd. #55997 ‘ m4 Sherman Oaks, CA 91403 JUL 31 20 U or cacutive Officer & Clerk Attorneys for Plaintiff By: M. Anderson, Deputy Internal File No. CR170789 - - in Qe N y H D m M oo 10 11 12 13 14 15 16 17 18 19 20 m4 22 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER, ROSEVILLE - "LIMITED CIVIL" SECOND ROUND LP ) CASE NO. 5 MCVO0068274 Plaintiff, ) ) COMPLAINT FOR MONEY: Vs. ) OPEN BOOK ACCOUNT, AND ) ACCOUNT STATED, MEGHAN TEASLEY ) (COMMON COUNTS); and DOES I through X, inclusive, ) DECLARATION OF VENUE ) Defendants. ) DEMAND AMOUNT: ) $2,319.11 ) ) PURSUANT TO 15 U.S.C. §1692g AND CALIFORNIA CIVIL CODE §1788.17, UNLESS YOU, WITHIN THIRTY DAYS AFTER RECEIPT OF NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL 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 COLLECTOR WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF A JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE 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. -|- | | wy Jake Chatters COMPLAINT FOR MONEY THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 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 VIOLENCE OR ARREST OR BY USING OBSCENE LANGUAGE. COLLECTORS MAY NOT USE FALSE OR MISLEADING STATEMENTS OR CALL YOU AT WORK IF THEY KNOW OR HAVE REASON TO KNOW THAT YOU MAY NOT RECEIVE PERSONAL CALLS AT WORK. FOR THE MOST PART, COLLECTORS MAY NOT TELL ANOTHER PERSON, OTHER THAN YOUR ATTORNEY OR SPOUSE, ABOUT YOUR DEBT. COLLECTORS MAY CONTACT ANOTHER PERSON TO CONFIRM YOUR LOCATION OR ENFORCE A JUDGMENT. FOR MORE INFORMATION ABOUT DEBT COLLECTION ACTIVITIES, YOU MAY CONTACT THE FEDERAL TRADE COMMISSION AT 1-877-FTC-HELP OR WWW.FTC.GOV. 2B 78 ok ok ok 2 oR KK Plaintiff, SECOND ROUND LP (“Plaintiff”) alleges against Defendants, MEGHAN TEASLEY 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. Zs That Defendant is a natural person currently residing in the State of California, to whom Plaintiff's assignor extended credit. 3. That the true names and capacities, whether individual, corporate, associate, or otherwise, of the defendants named in this action as DOES I through X, inclusive, are unknown to Plaintiff who therefore sues said defendants 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 alleges that each of these fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff's damages as herein alleged were proximately caused by their conduct. De COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA CIVIL CODE §§1788.50-1788.64 4. Onor after January 1, 2014, Plaintiff purchased the consumer credit account that is the basis of this action. As a result, this action is subject to Civil Code §§1788.50-1788.64. PURSUANT TO CALIFORNIA CIVIL CODE §1788.58(a): (1) Plaintiff is a debt buyer. (2) Synchrony Bank fka GE Capital Retail Bank issued and/or serviced an extension of credit to Defendant. Defendant accessed that credit and used it, 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 payments when due, 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 the debt at issue, or has the authority to assert the rights of all owners of the debt. (4) The debt balance at charge-off was $2,354.11. Plaintiffhas not added nor does it seek any post-charge-off interest or fees. (5) The date of the last payment was on or about December 11, 2013. (6) The name and an address of the charge-off creditor at the time of charge-off was: Synchrony Bank fka GE Capital Retail Bank, PO BOX 960017 ORLANDO FL 32896-0017. The charge-off creditor's account number associated with the debt is XXXXXXXXXKXX2478 . (7) The name and last known address of the Defendant as they appeared in the charge-off creditor's records prior to the sale of the debt were: MEGHAN TEASLEY, 6554 OUTLOOK DR CITRUS HEIGHTS CA 95621-0107. obi COMPLAINT FOR MONEY N n “I 10 ll 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 (8) The names and addresses of all persons or entities that purchased the debt after charge- off are as follows: SECOND ROUND LP, 4150 FREIDRICH LANE SUITE AUSTIN TX 78744. (9) Plaintiff has complied with California Civil Code § 1788.52. 5. Attached hereto and incorporated herein as Exhibit “A” is a copy of the document required by California Civil Code § 1788.52(b). FIRST CAUSE OF ACTION (Open Book Account - as to all Defendants) 6. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 5, inclusive. 7. That within the last four years, Synchrony Bank fka GE Capital Retail Bank and Defendant established an Open Book Account for account number XXXXXXXXXXXX2478 arising from a written agreement. Said Open Book Account reflected all debits and credits in connection with the aforementioned account, and was kept in permanent form in the regular course of business by Synchrony Bank fka GE Capital Retail Bank. As of its final entry, said Open Book Account provided that Defendant was indebted to Plaintiff's assignor in the sum of $2,354.11. Payments or credits in the amount of $35.00 have since been posted to the subject account, leaving a total outstanding principal balance due of $2,319.11. -4. COMPLAINT FOR MONEY Ww W N o e a N D MN 10 11 12 13 14 15 16 17 18 19 20 21 yy) 23 24 25 26 27 28 SECOND CAUSE OF ACTION (Account Stated - as to all Defendants) 8. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 5, inclusive. 9. That on or about December 26, 2013, an account was stated by and between Synchrony Bank fka GE Capital Retail Bank and Defendant, at which time it was found to be due from Defendant the sum of $2,319.11. The said account was stated in writing and it was agreed by Synchrony Bank fka GE Capital Retail Bank and Defendant that Defendant was indebted to Synchrony Bank fka GE Capital Retail Bank. Although demand has been made, no part of that sum has been paid or credited except for the amount of $0.00 on said account. This results in a total outstanding principal balance due of $2,319.11, which is owed to Plaintiff as assignee. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: AS TO ALL CAUSES OF ACTION: 1. Principal in the sum of $2,319.11; 2. Costs of suit incurred in this action; and 3. Such other and further relief as the Court may deem proper. LAW OFFICE OF RORY W. CLARK, A PROFESSIONAL LAW CORPORATION ALI/FARZ Attorneys for Plaintiff -5- COMPLAINT FOR MONEY EXHIBIT A CLO NAVY \ sA CARD MEGHAN TEASLEY Account Number [qa 2478 Visit us at eservice.oldnavy.com Customer Service: 1-866-450-2324 Summary of Account Activity Payment Information Previous Balance $2,237.85 New Balance $2,319.11 - Payments $286.00 Amount Past Due $542.00 + Purchases/Debits $286.00 Total Minimum Payment Due $647.00 + Fees Charged $35.00) | Overlimit Amount $519.11 + Interest Charged $46.26} | Payment Due Date 01/18/2014 a iciilhaatnad soar 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 $1,800.00] | fee up to $35.00. Avaliable Credle $0.00 Minimum Payment Warning: If you make only the minimum Cash Limit $360.00 payment each period, you will pay more in interest and it will Available Cash $0.00] | take you longer to pay off your balance. For example: Statement Closing Date 12/26/2013 : = Days in Billing Cycle 31 If you make no You will pay off And you will end additional charges the balance up paying an using this card shown on this estimated total and each month statement in Of c: you pay .... about ... Only the Minimum 10 $4,564.00 payment years If you would like information about credit counseling services, call 1-877-302-8775. Your Rewards Summary Your Account News Beginning Points Balance 407 Each purchase leads to rewards. Enjoy a $5 Reward Card Points Earned in Our Stores* 0 for every 500 points earned. You're only 93 Total Points 407 points away from earning your next Reward Card. POINTS TO NEXT REWARD 93 Rewards Earned This Year $15.00 Tran Date Post Date Transaction Summary Reference Number Description of Transaction or Credit Amount *Purchases in Our Stores (Gap, Old Navy, Banana Republic, Piperlime and Athleta) Other Transactions (gas, groceries, etc.) 12/11 12/11 7447994AT00XTMJGO PHONE PYMT-THANK YOU ALPHARETTA GA ($286.00) 12/11 12/11 F317900B2000Q5354 ADJUSTMENT-PAYMENTS $286.00 FEES 12/18 12/18 LATE FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 INTEREST CHARGED 12/26 12/26 INTEREST CHARGE ON PURCHASES $46.26 12/26 12/26 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $46.26 2013 Totals Year-To-Date Total Fees Charged in 2013 $295.00 Total Interest Charged in 2013 $378.65 Total Interest Paid in 2013 $60.95 PAYMEN P. N NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 6544 BYH 1 7 23 131226 EX PAGE 1 of 3 3179 1600 We currently do not accept D406 O1FI6544 Detach and mail this portion with your check. Do not include any correspondence with your check. Account Number: 2478 Total Minimum Past Due Payment Due Overlimit New Balance Payment Due Amount Date Amount $647.00 $542.00 01/18/2014 $519.11 $2,319.11 Payment Enclosed: Please use blue or black ink. OR pay on-line at payments in our stores. MEGHAN TEASLEY 6554 OUTLOOK DR CITRUS HEIGHTS CA 95621-0107 eservice.oldnavy.com ${ JUL. New address or email? Print changes on back. Make Payment To:OLD NAVY VISA/GECRB PO BOX 960017 ORLANDO, FL 32896-0017 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. 6544 Annual Balance Expiration Percentage Subject To Interest Type of Balance Date Rate Interest Rate Charge Purchases N/A 23.99% (v) $2,270.23 $46.26 Cash Advances N/A 25.99% (v) $0.00 $0.00 (v) = variable rate BYH Y 7 #23 131226 EX PAGE 2 of 3 3179 1600 D406 O1FI6544 S o e o N N DD 10 11 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF VENUE I, the undersigned, declare: 1. I am one of the attorneys for Plaintiff in this action. Ze The above-entitled action is subject to the provisions of Code of Civil Procedure 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. 4. If called as a witness, I would competently so testify. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. JUN 14 2017 Executed on , at Sherman Oaks, California. LAW OFFICE OF RORY W. CLARK, A PROFESSIONAL LAW CORPORATION < ALI FARZ Attorneys for Plaintiff 6. COMPLAINT FOR MONEY
