ComplaintCal. Super. - 3rd Dist.November 25, 2019No O o f o N Y D W H FS W 10 ll 12 13 14 15 16 17 18 19 20 21 Za 23 24 25 26 a7 28 Brian N. Winn (State Bar No. 86779) Laura M. Hoalst (State Bar No. 101082) John E. Gordon (State Bar No. 180053) Jason M. Burrows (State Bar No. 309882) Amit Taneja (State Bar No. 304559) Grace Gail Cara (State Bar No. 315558) FELED Winn Law Group, A Professional Corporation Superior Court of Catitorn'- f° 1 110 E Wilshire Ave Ste 212, Fullerton CA 92832 Ouniy of P Telephone: (714) 446-6686, Fax No.: (714) 446-6680 NOV 25 2019 File No: 19-10382-0-CD5-EX-21 172720 (1910-00) Sahu (Carer Attorneys for Plaintiff ‘ Utive Officer & Clerk : Lucatuorto, Deputy SUPERIOR COURT OF CALIFORNIA PLACER COUNTY, ROSEVILLE DISTRICT CAVALRY SPV I, LLC, as assignee of CITIBANK, N.A., caseNo. MC VOO75207 Plaintiff, "Limited Liability Case" vs. COMPLAINT FOR ACCOUNT STATED; SCOTT C MURPHY MONEY LENT AKA SCOTT MURPHY, DOES 1 to 10, Inclusive, DEMAND AMOU NT: $11,943.72 Defendant(s), Plaintiff, CAVALRY SPV I, LLC, as assignee of CITIBANK, N. A., complains of Defendants, and each of them, singularly and collectively, that: 1. The true names and capacities of Defendants herein sued by the fi ctitious names as DOES 1 to 10, Inclusive, are unknown to Plaintiff, who therefore s ues those Defendants under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and w hen the true names and capacities of Defendants named herein as DOES 1 to 10 have be en ascertained. 2. Atall times herein mentioned, Defendants, and each of them, were the agents, servants Page 1 COMPLAINT FOR COMMON COUNTS Xv 4 A d Oo Co N A D A UH fF Ww W NY & m w NH N NY NY N N N N NY e t e e e e R e E R l e l e O o Q A A F& F W w Y H § & D O D O o O N D A H F F Y W NH Y F O S and employees of each other and every remaining Defendant, and in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company, authorized to do business in the State of California. 4. Plaintiff is a debt buyer as defined by Section 1788.50 of the CA Civil Code. 5. Section 1788.50 of the CA Civil Code is applicable to this action as the debt subject to this lawsuit was purchased by Plaintiff after January 1, 2014. 6. Plaintiff is in compliance with Section 1788.52 of the CA Civil Code . Attached hereto as Exhibit A is a true and correct copy of a monthly account statement that was sent to the Defendant while the account was active, which demonstrates that the debt was incurred by the Defendant. 7. The nature of the underlying debt is a credit agreement entered into between the charge- off creditor and the Defendant. As part of the agreement, Defendant obtained credit to use for the purchase of certain goods and services. 8. The name of the charge-off creditor is CITIBANK, N.A., and the address of the charge- off creditor at the time of charge-off was PO BOX 78045 Phoenix, AZ 85062-8045 . The charge- off account number is XXXXXXXXXXXX1583. 9. The name and last known address of the Defendant as they appeared in the charged-off creditor's records prior to the sale of the debt was SCOTT C MURPHY, 453 Caldarella Cir Roseville, CA 95678. 10. The name and address of all entities that purchased the debt after charge-off are: CAVALRY SPV I, LLC, 500 Summit Lake Drive, Suite 400, Valhalla, New York 10595. 11. Plaintiff is informed and believes and thereon alleges that Defendant SCOTT C Page 2 COMPLAINT FOR COMMON COUNTS C o w o n t D n U H FS F W Y N Y m w M N N Y N Y N Y N Y N Y N Y N HY Y F S F F P F e E e S e S H O T C U S R B s R& R B& B B O S fF oC G O wm QR D H BF YW YN HK © MURPHY AKA SCOTT MURPHY is an individual who resides in the City of Roseville, County of Placer, State of California. FIRST CAUSE OF ACTION Account Stated (Against All Defendants) 12. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 11 of this complaint. 13. The debt balance at charge-off was $12,145.19, and upon information and belief there is $0.00 in post charge-off fees and $0.00 in post charge-off interest. 14. On November 1, 2018, defendants were indebted to the charge-off creditor, CITIBANK, N.A., in the charged-off sum of $12,145.19 on an account stated in writing. This CITIBANK, N.A. account was for credit card purchases and/or cash advances and Defendant was billed monthly and failed to dispute as required under the Federal Fair Billing Act applicable to such account (15 USC § 1666 et seq.). 15. The date of last payment made on the account was March 27, 2018. 16. Prior to filing this complaint, all right, title and interest in the account which is the subject of this lawsuit, Account Number XXXXXXXXXXXX1583, was sold and assigned by CITIBANK, N.A., to CAVALRY SPV I, LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue. 17. Subsequent to charge-off, credits/adjustments were applied to the account. Plaintiff is seeking recovery of the account balance for the sum of $11,943.72. 18. Plaintiff made demand on defendants for payment of that sum. Page 3 COMPLAINT FOR COMMON COUNTS c o C o NN D O U H F& F Y D H Y n N d o NO N - bd bh o t o n D n N e l - - _ - - - - - - - o o ~ ~ n N Ww > w d O o m o S © o o ~ N w n > w w N o - oS 19. Neither the whole nor any part of the above sum has been paid, although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the Principal amount of $11,943.72, and costs of suit. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 20. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs | through 19 of this complaint. 21. Within the last four years, Defendant became indebted to the charge-off creditor, CITIBANK, N.A., in the charged-off sum of $12,145.19 for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant's use and benefit of his/her account. 22. The date of last payment made on the account was March 27, 2018. 23. Subsequent to charge-off, credits/adjustments were applied to the account. Plaintiff is seeking recovery of the account balance for the sum of $11,943.72. 24. Neither the whole nor any part of the above sum has been paid, although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the Principal amount of $11,943.72, and costs of suit. Mt Mil Mt Page 4 COMPLAINT FOR COMMON COUNTS - o O O o n N D H N H F& F BW NY w o N O HN O N O N O N O O R e e e t e e f h m h WHEREFORE, plaintiff prays for judgment against Defendants, and each of them, jointly and severally, as follows: FOR THE FIRST CAUSE OF ACTION (1) Principal of damages in the sum $11,943.72; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION (1) Principal of damages in the sum $11,943.72; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. Winn Law Group, A P.C. Dated: October 23, 2019 BY FAX [ ] Brian N. Winn U { ] Laura M. Hoalst [ ] John E. Gordon K Jason M. Burrows { ] Amit Taneja [ ] Grace Gail Cara Attorney for Plaintiff Page 5 COMPLAINT FOR COMMON COUNTS “Exhibit A” Citi® Diamond Preferred® Card SCOTT C MURPHY Member Since 1995 Account number ending in:1583 Billing Period:03/02/18-04/02/18 APRIL STATEMENT www.citicards.com Customer Service 1-800-823-4086 TTY-hearing-impaired services-only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Minimum payment due: $284.36 Previous balance $10,701.36 New balance as of 04/02/18: $10,662.80 Payments Ss Payment due date: oe ba 04/27/18 Purchases +$48.08 Cash advances +$0.00 Fees +$0,00 Late Payment Warning: If we do not receive your minimum payment by the Interest +$178.36 date listed above, you may have to pay a late fee of up to $35 and your APRs New balance $10,662.80 may be increased up to the varlable Penalty APR of 29.99%. Minimum Payment Warning: If you make only the minimum payment each Credit Limit period, you will pay more in interest and it will take you longer to pay off your Credit limit $11,020 balance, For example: Includes $0 cash advance IImit If you make no additional You will pay off the And you will end up Available credit $357 charges using this card balance shown on this paving an estimated 0 and each month you pay... statement In about... ‘al of... Only the minimum payment | 27 year(s) $30,356 $14,076 $391 3 year(s) (Savings=$16,280) For information about credit counseling services, call 1-877-337-8187. SB cameron 5 SCOTT C MURPHY 800 MICRO CT APT 704 ROSEVILLE CA 95678-5821 Please print Address Changes on the reverse side Pay your bill from virtually anywhere Minimum payment due with the Cit! Mobile® App and CItP Online . at New balance ‘o down Tarim Text ‘AppiS' to Myciti (692484) Payment due date or go to your device's app store. Or visit www.citicards.com Amount enclosed: Account number ending in 1583 CITI CARDS PO BOX 78045 PhoenIx, AZ 85062-8045 $284.36 $10,662.80 04/27/18 a on Ea a rs am. www.citicards.com SCOTT C MURPHY Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments 03/27 ONLINE PAYMENT, THANK YOU -$265.00 Standard Purchases 03/05 03/05 CITIGAS RENO NV $3.84 03/10 03/10 SAVEMART 556 RENO NV RENO NV $19.70 03/16 03/16 SAVEMART 556 RENONV RENO NV $19.17 03/17 03/17 7-ELEVEN 22581 RENO NV $2.05 03/25 03/25 CITIGAS RENO NV $3.32 Fees charged Total fees charged In thls billing period $0.00 Interest charged Date Description Amount 04/02 INTEREST CHARGED TO STANDARD PURCH $62.87 04/02 INTEREST CHARGED TO PUR PR-05/23/16. $115.49 Total Interest charged In this billing period $178.36 2018 totals year-to-date Totat fees charged In 2018 Totaf Interest charged In 2018 $0.00 $673.18 Interest charge calculation Days in billing cycle: 32 Your Annuat Percentage Rate (APR)Is the annual Interest rate on your account. Annual percentage Belance subject Balance type rate (APR) to Interest rate interest charge “PURCHASES Standard Purch 29.99% (V) $2,391.17 (D) $62.87 Pur Pr 052316 15.74% (V) $8,369.64 (D) $115.49 ADVANCES Standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages CHANGING YOUR ADDRESS? LET US KNOW. Maintain your good credit rating. Keep us informed of your new address. When you move, lease update your account online at www.citicards.com or call us at 1-800-823-4086. If you have not received your new card, please call the Customer Service number on this statement. lf we need to out your account, our records show your phone number(s) as home). If this information isn't correct or you wish to add a number, please call the customer service number on the back of your card or update it online at www.citicards.com. Please be sure to oy on time. If you submit your pace by mail, we suggest you i it no later than 04/20/2018 to allow enough time for regular mail to (réach us. my o~ Customer Service 1-800-823-4086 TTY-hearing-impaired services only 1-800-325-2865 Page 2 of 2 aoe ae oo - r ° r ' 1 “ : 2 ~p - Savings Spotlight Jumpstart your-savings ‘ ee SM : . Citi Easy Deals sf: .. Here's how it works: : "* 1, Just for being an eligible Citi cardmember, enjoy the Base tier, which gives you = access to local coupons "+ 2. 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