ComplaintCal. Super. - 3rd Dist.November 25, 2019 RY PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY FLINT C. ZIDE (SBN 160369) / SARKIS S. KARAYAN (SBN 316926) LAW OFFICE OF HARRIS AND ZIDE 1445 HUNTINGTON DR. SUITE 300 SOUTH PASADENA, CA 91030 TELEPHONENO: 626-799-8444 FAX NO. (Optional): 626-799-8419 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Flatnerrt SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: 1()820 JUSTICE CENTER DRIVE MAILING ADDRESS: CITY AND ZIP CODE: ROSEVILLE CA 95678 BRANCH NAME: PLACER COUNTY COURTHOUSE F= tr i E D PLAINTIFF: | VNV Funding LLC Superior Court oF Colrectia DEFENDANT: Ray Odell NOV 25 2019 [_x] DOES 1 TO_5, INCLUSIVE Jake Chatters ecutive Officer & Clerk CONTRACT By: O. Lucatuorto, Deputy [x] COMPLAINT ["_] AMENDED COMPLAINT (Number): [__]¢ROSS-COMPLAINT [__] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check ail that apply): LX] ACTION IS A LIMITED CIVIL CASE Amount demanded [_X] does not exceed $10,000 [_] exceeds $10,000 but does not exceed $25,000 [__] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) M C V 0 0 7 5 9D 0 8 [__] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint [__]from limited to unlimited [__]from unlimited to limited 1, Plaintiff" (name or names): | VNV Funding LLC CASE NUMBER: alleges causes of action against defendant* (name or names): Ray Odell DOES 1 TO 5, INCLUSIVE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 8 3. a. Each plaintiff named above is a competent adult except plaintiff (name): LVNV Funding LLC (1) [Ja corporation qualified to do business in California (2) [-_]an unincorporated entity (describe): (3) [X_Jother (specify): | MITED LIABILITY COMPANY b. [___]Plaintiff (name): a. [__]has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. (] has complied with all licensing requirements as a licensed (specify): C. fe] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person [__] except defendant (name): [__]except defendant (name): (1) [_]a business organization, form unknown (1) [_] a business organization, form unknown (2) [-_]a corporation (2) [__] a corporation (3) [-_]an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [__]a public entity (describe): (4) [-_] a public entity (describe): (5) [(_] other (specify): (5) [__] other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 ste a sinned ncaa COMPLAINT-Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007) TAO29691 PLD-C-001 SHORT TITLE: ; CASE NUMBER: LVNV Funding LLC VS. Ray Odell 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [_] Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) (_] Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. [__] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [__] Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. (_] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. | is excused from complying because (specify): 6. [_] This action is subjectto [__] Civil Code section 1812.10 [_] Civil Code section 2984.4. 7. This court is the proper court because a. [__] adéfendant entered into the contract here. . [__] a défendant lived here when the contract was entered into. (_x] a defendant lives here now. . L_] the contract was to be performed here. . [£] a defendant is a corporation or unincorporated association and its principal place of business is here. [__] real property that is the subject of this action is located here. . Lx] other (specify): CCP 395 (B) a g n r n a o d 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): [] Breach of Contract Cx] Common Counts [_] other (specify): 9. [X] Otherallegations: Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered-into by defendant(s) on a credit card account endisfgin 8274 with Plaintiff's predecessor Citibank, N.A. Plaintiff having taken said assignment far. value. This account was purchased by plaintiff after 1/1/14. eecK 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a damages of: $ $1,143.59 b. [__] interest on the damages (1) [_] according to proof (2) [__] at the rate of (specify): percent per year from (date): c. [__] attomey's fees (1) [(] of $ (2) [_] according to proof. d. other (specify): SUCH OTHER RELIEF AS THE COURT DEEMS PROPER. 11. [x] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: Wa/i¢ -ELINE-C-ZIBE / SARKIS S KARAYAN > (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLO-C-001 (Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 . TAO29691 - | - PLD-C-001(2) SHORT TITLE: | VNV Funding LLC VS. Ray Odell SABE NUMBER FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint [-] Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): LVNV Funding LLC alleges that defendant (name): Ray Odell became indebtedto [__] plaintiff [x] other (name): a. [4x] within the last four years (1) [x] onan open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. ME b. within the last [| two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) [__] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [__] the sum of $ [] the reasonable value. (3) [_] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [_] the sumof$ [__] the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) [x] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [__] other (specify): CC-2. $ , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [_] according to proof [__] atthe rate of percent per year from (date): cc-3. [_] Plaintiffis entitled to attorney fees by an agreement or a statute [] of$ [__] according to proof. cc-4. [_ Other: $1,143.59, which is the fixed and agreed amount, is due and unpaid despite plaintiff's demand. Plaintiff is the sole owner and current assignee of this account, whose account number at time of charge off ended in 8274, and was originally owned by Citibank, N.A., 701 East 60th Street North, Sioux Falls,SD 57104, who was the creditor at the time of charge off. $1,143.59 was the balance at the time of charge off, as shown by Exhibit 1 and Exhibit 2 attached. Defendant defaulted on or about February 7, 2017. The last payment was made on this account on September 21, 2016 as shown by Exhibit 2. The debtor’s name and address appeared in the original creditor’s records prior to the sale of the debt or as of 12/31/13, is as shown in Exhibit 3. The names and addresses of all entities who have purchased the debt after charge off are as follows on Exhibit 3 attached. Plaintiff has complied with Civil Code Section 1788.52. Page 3 Page 1 of 4 Form Approved for Optional Use aS Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION ommon Counts www. courtinfo.ca.gov PLD-C-001 (2) [Rev. January 1, 2009} TA029691 EXHIBIT 1 a NTT oO Sy o~ RAY ODELL Member Since 2015 Account number ending in: 8274 Billing Perlodi2/23/16-OY/2 37 $394.52 $1,143.59 02/20/17 Minimum payment due: New balance: Payment due date: Late Payment Warning:|/ we do not receive your minimum payment py the cate listed above, you may have to pay a iate fee of up to $35 and your APRs may be increased up to the variable Penalty APR of 22.99%, Minimum Payment Warning: /f you make only the minimum payment eacn period, you will pay more in interest anc it will take you ionger to pay off your balance, For exampie: If you make no additional charges using this card and each month you pay... And you will end up paving an estimated | total of... | You will pay off the balance shown on this Statement in about... | ey Only the minimum payment 4 year(s) i $444 oO oO For information about credit counseling services, cai! 1-877-237-8128 Pay your bil from virtually anywhere with the Citi Moblie’ App and Cit’ Ontine SS&Xv_ To download: RSV 7 SSN 3. i ‘AppiS! to Myfiti (692484) oF goto your device's app stare. Cr visit www.citicards.cem S00000 MC 20 AD How to reach us www.citicards.com 1-855-473-4583 TTY: 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due. Please pay at igast the minimum payment due, which includes a past due amount of $188.06 and an overlimit amount of $143.59. Account Summary Pravious balance $1,091.72 Payments “$0.00 Credits $0.00 Purchases +$0.00 Cash advances +$0.00 Fees +§35.06 interest +S16.87 New balance $1,143.59 Credit Limit Credit limit $1,000 Includes S300 cash advance irmit Please print Address Changes on the reverse side Minimum payment due Mew balance Payment due date Amount enclosed: Account number ending in S274 CITI CARDS RAY ODELL 5251 VIRGINIATOWN RD NEWCASTLE CA 95658-9672 PO BOX 78045 Phoenix, AZ $5062-8045 §2G4.82 81 143.59 OB fBO/17 | ~ a ~ RAY ODELL www. citicards. com Page 2 of 2 1-855-473-4583 TTY: 1-800-325-2865 Account Summary Description Amount pee BAY Total fees charged In this billing period interest charged otlon TEREST CHARGED TO } UR F R-AZ /IB/16. Total Interest charged In this billing perlod ‘2017 totals year-to-date _Total fees charged | in 2017 THE TWO WAYS TO EARNI "Total inter, t harged in 2017 Cash Back on Purchases interest charge caiculation Days in billing cycle: 32 | Eligible Purchases: $0.00 Your Annual Percentage Rate (APR}is the anny ai interest rate on your account kon oo ta euiningy 28842€4€|8|!~OUO*~<“‘“(CSéSC;CS*S : es Earned: $0.00 ; _ Annual ee @ Balance subject : : Balance type fate (APR) to interest rate interest charge : | pee Cash Back on Payments Eighbie Payments: $0.06 Cash Back on Paymenis arned: £0.00 PURCHASE TRACKER AND HOW hesnee meme ee CASH BACK ON PAYMENTS WORKS nined by the dally balance method Your Annuai Percentage § Rate ( CAPR} isthe ann by (V) may vary. Bala Howed py (D) are d 6; ah a including current tra Total Payment Made: $0.00 N t yments are eligit Account messages amount vi your Purchase Tea! Please note that if we received your pay by phone or online payment between 2. Purchase Tracker: 9888.56 5 p.m. ET and midnight £T on the last day of your billing period, your payment 3. Eligibie Payment: $0.00 will not be reflected until your next statement. 9 om ~ 4. Cash Back on Paymants Larned: $0.00 5. Ending Purchase Tracker: $858.66 Purchase Tracker - Ww! hen | that amount % interest are not inckided. Make-c 3 on ta 3nd d the Purchase Tracker gets ré Wher the Purchase Tracker reaches $0. you er € sh back on payments until more purchases are made. Questions? Time to Redeem KAHIBIT 2 | -_ RAY ODELL Member Since 2015 Account number ending in: 8274 How te reach us 108/23 /16-09/22/16 sowretMleards-com 1-BS5-473-4583 BOX 6500 SIOUX FALLS, SD 57117 Billing Per Account Summary Minimum payment due: $31.00 Previous balance $695.15 New balance: $623.88 Payments -§200.00 Credits -$0.00 ag ¢ Payment due date: 10/26/16 Purchases +$103.73 Cash advances +$0.00 Late Payment Warning: if we do not receive your minimum payment by the Fees +$25.00 date listed 3b01 i may have to pay a late fe into & {your APRs . i ate lis d above, you m ha e to pay a iate fee of up to $35 and your APRs interest +§0.00 may $e increased up to the varisthle Penalty APR of 22.90%, New balance $623.88 i Minimum Payment Warning: if you make only the minimum payment each periog, you will pay more in interest anc it will take you longer to gay off your ; os balance. For exampis: Credit Limit \ If you make no additional --- You will pay off the _ And you will and up Credit limit $1,000 charges using this card 'balance shown onthis | pays an estimated Includes S300 cash advance im! and each month you pay... | statement in about... otal of.. Available credit Includes S300 avaliable for cash advances Oniy the minimurn payment | 3 year‘s) | S746 For information about credit couns "OS, C3! 1-877-337-8187. Please print Address Changes on the reverse side a : \ : ‘ : thes \ Rey Pay oniine www.citicards.com a Minimum payment due $31.08 i Sue} Pay by phone 1-255-473-4583 oe eee mo ° Mew balance $423,958 i) Bay by mall Payment due date 10/20/16 ¢ Enclose s { CARDS. *¥ the last t account number on yaur check. Ameunt enclosed: Account number ending in S274 CIT CARBS PO BOX 78045 Phoenix, AZ 85062-8045 RAY ODELL 5251 VIRGINIATOWN RD NEWCASTLE CA 95658-9672 6°74 See RAY ODELL Account Summary Trans. Post date cate Description Amount Payments, Credits and Adhustments 09/2 ONLINE PAYMENT, THANK YOU ~$200.00 09/22 LATE FEE - AUG PAYMENT PAST DUE $25,009 Total fees charged In this billing period $25.00 \ interest charged Totai interest charged In this billing period $0.00 2016 totals year-to-date Total fees charged in 2016 $100.00 $0.00 Interest charge calculation Days in billing cycie: 31; : Your Annual Percentage Rate (APR)is th + Annual percentage Balance subject : rate (APR) to interest rate Interest charge : Balance type S694, 7D} by (V) may vary. Bail (neluding current trans. ons). aoeeune messages au car help these impacted by the recent floading in Louisiana by making a Sonation to the American Red Cross. Many people need support during this difficult time. https://www-.redcross.org/donate/donation www. citicards com 1-855-473-4523 Page 2 of 2 THE TWO WAYS TO EARN! € Cash Back on Purchases Eligibie Purchases: $103.73 sh Back on chases Earned: $1.04 Cash Back on Payments Eligible Payments: $200.00 Cash Back on Payments Earned: ash as Q 5 CASH BACK ON PAYMENTS WORKS PURCHASE TRACKER AND HOW 1. Total Payment Made: $200.00 Nete: payments are eligi amount in your Purchase Tre 2. Purchase Tracker: $746.88 3. Eiighbie Payment $206.00 4. Cash Back on Payments Earned: $2.00 5. Ending Purchase Tracker: $546.88 Purchase Tracker - When you make a purchase, that amount gone: inte your Purchase Traeket Baia EXHIBIT 3. This account summary has been prepared by Resurgent Capital Services on behaif of LVNV Funding LLC. tt iS Nol a Credit Card or other account statement from the original creditor. Borrower Information Current Account Information Name: RAY ODELL Owner: LAV Funding LLC Address: 52574 Virginiatawn Rd Reference # 6417193008 City: Newcastie Original Creditor: Citibank, MLA State: CA Account Number KKRXKKKKKKN B27 4 7ipCode: 95658-9672 Current Balance Due: $1143.59 Date of Last Payment: 09/24/2046 Recent Payment Transactions No Transactions Found Historical Account Information | The original creditor for this account was: Citibank, NLA 701 East 60th Street North Sioux Falls, SD 57117 The origination date with original creditor was: 10/13/2015 The charge-off creditor for this account was: Citibank, NLA The address of the charge-off creditor was: 701 East 60th Street North Sioux Falls, SD 57117 The account charge-off date was: 02/07/2017 The account charge-off amount was: $1,143.59 The account was acquired on or about: 03/30/2017 The account balance at time of acquisition: $1,143.59 The borrower's address from charge-off 5251 VIRGINIATOWN RDB creditor's records: NEWCASTLE, CA 956580000 This communication is from a deot collector and this is an attermptto covfecta deat Any information obtained will be used for that purpose Page 1 of 2 ~ ACCOUNT SUMMARY REPORT : Ownership History Date Of Transfer OwneriCreditor Name OwneriCreditor Address 03/30/2017 Citibank, NLA 704 East 60th Street North Sioux Falls, SD 57417 03/30/2017 Sherman Originator ll LLC CfO Resurgent Capital Services LP PO. Box 10466 Greenville, SC 29603 03/30/2017 Sherman Originator LLC Cio Resurgent Capital Services LP P.O. Box 10466 Greenville, SC 29603 LYNV Funding LLC CfO Resurgent Capital Services LP P.O. Box 10466 Greenville, SC 29603 Page 2 of 2 DECLARATION OF JURISDICTIONAL FACTS The undersigned declares that he/she is authorized to make this declaration for and on behalf of the plaintiff herein. Pursuant to Civil Procedure Sections 395 and 396(a), the above entitled court is the proper court for the trial of the above entitled action because: [X] One of the defendants resides within the jurisdiction of the above entitled court at the commencement of this action. [ ] Goods or services or loans were provided within the jurisdiction of the above entitled court. I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. executes || bli at South Pasadena, California. FELINE-€.-ZIDE-/ SARKIS S. KARAYAN DECLARATION OF JURISDICTIONAL FACTS 1
