ComplaintCal. Super. - 3rd Dist.November 27, 20192 / 9 1 - 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 17 18 19 20 21 22 23 24 25 26 27 28 FILED Michael S. Hunt #99804 Su Janalie Henriques #111589 pe oun ero california Devin Jacobsen #308722 HUNT & HENRIQUES, Attorneys at Law NOV 27 2019 | Bernal Road ene 8, San José CA 95119-1306 Jake Chatters Telephone: (800) 680-2426 Exe Facsitnile: (408) 362-2299 By: E. Kouvdoe, Dawn’ (? Attorneys for Plaintiff File no. 1352533.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Bill Santucci Justice Center Courthouse Portfolio Recovery Associates, LLC Case No. i GC V 0 0 ( 5 2 ] 9 Plaintiff, COMPLAINT FOR: VS. (1) Account Stated (2) Open Book Account PRAYER AMOUNT: $2,596.29 JENNIFER GHAZVINI LIMITED CIVIL Amount demanded does not exceed $10,000 Defendant(s). Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges: LL Plaintiff is a limited liability company. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, JENNIFER GHAZVINI (“Defendant”), is a resident of PLACER County, State of California. 3. 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, were acting in the course and scope of said authority of such agents, servants, and employees. COMPLAINT Page | A 1 1352533.001 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 T E L E P H O N E : (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 14 20 21 22 23 24 25 26 27 28 ao | a. 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. SYNCHRONY BANK 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, Plaintiff was assigned and transferred all right, title and interest in the credit account. 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 $2,633.29. 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 February 17, 2017. 10. The name of the charge-off creditor is SYNCHRONY BANK and the account number of the charge-off creditor ended in 8671. An address SYNCHRONY BANK maintained at the time of charge-off was: P.O. BOX 965033 ORLANDO FL 32896-5033. 11. The name and last known address that the charge-off creditor had for Defendant is: | JENNIFER GHAZVINI 3353 CHAPELLE DR ROSEVILLE CA 95661. 12. The subject credit account has been purchased by the following entity after charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate COMPLAINT Page 2 A 1 1352533.001 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 T E L E P H O N E : (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 14 15 20 21 22 23 24 25 26 27 28 _~ a Blvd., Norfolk, VA 23502. 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, and on the account a balance of $2,596.29 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 $2,596.29. iT. 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 $2,596.29. 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 on an open book account for money due in the sum of $2,596.29 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. COMPLAINT Page 3 A 1 1352533.001 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 T E L E P H O N E : (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -_~ | . ~ 23. 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. 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 $2,596.29. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. For the current balance presently due and owing of $2,596.29; 2. Costs of suit; and 3. Any such other relief as the Court may deem just and pr Dated: October 29, 2019 y: Devin Jacobsen #308722 HUNT & HENRIQUES Attorneys for Plaintiff COMPLAINT Page 4 A 1 1352533.001 EXHIBIT A JENNIFER S GHAZVINI View & Pay Your Bill at jcp.com/credit Account Ending: *** *** 867 11 Customer Service: 1-800-527-3369 Previous Balance $2,338.93 | $280.00 | PO Box 965009 Orlando FL 32896-5009 | New Balance $2,144.54 j- Payments | Amount Past Due $108.00 | + Fees Charged $37 00] | Total Minimum Payment Due $216.00 | |* Interest Charged $48.61) | Payment Due Date 0406/2017 | | | New Balance $2,144.54| | Late Payment Warning: If we do not receive your Total : | Minimum Payment Due by the Payment Due Date listed | Credit Limit $2,160.00 | above, you may have to pay a late fee up to $37.00. | - ” | Available Credit $15.00 | | Minimum Payment Warning: If you make only the | Statement Closing Date 03/16/2017 | | minimum payment each period, you will pay more in interest | Days in Billing Cycle 31 | and it will take you longer to pay off your balance. | | | For exampie: | | T | |] fyoumakeno | You will pay off | And you will end | || additional charges the balance | uppayingan | | |] using this card | shown on this | estimated total | | andeach month | statement in | of ... | | | you pay .... | about ... | | t 1 | | Only the Minimum | 9 years $4,871.00 | | | payment | | | | | If you would like information about credit counseling | services, call 1-877-302-8775. {dCPenney Credit Card Status | [JCPenney Credit Card Benefits ‘Current Status: JCPenney Gold Cardmember |Keep it up! Maintain your JCPenney Gold Card Status Total year to date $0.00 and continue to enjoy great benefits all year long: Additional spend needed to reach/maintain: 100+ savings days a year |-JCPenney Gold Card Status $500.00 | Exclusive offers -JCPenney Platinum Card Status $1,000.00 Birthday gift | | Passbooks of Coupons | |See your Rewards Program Terms for details. | \ 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. important information. See reverse for details, Billing Rights Information and other PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BANK. Account Ending: *** *** 867 11 FILL IN TOTAL PAID JENNIFER S GHAZVINI 3353 CHAPELLE DR ROSEVILLE CA 95661-3953 $UUUU.UU New address or email? Print changes on the back. Synchrony Bank/JCP P.O. Box 960090 Orlando FL 32896-0090 $433 HOH 1 7 13° «170316 DPAGE 1 of 3 9119 5300 M175 ©1GwWS5433 : % AF C a Tran Balance Date Reference Number Type Description of Transaction or Credit Amount 02/17 P9119001JO0XS6HOZ ONLINE PAYMENT THANK YOU ($280.00) FEES 03/08 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00) INTEREST CHARGED 103/16 INTEREST CHARGE ON PURCHASES $48.61 TOTAL INTEREST FOR THIS PERIOD $48.61 Total Fees Charged in 2017 Total Interest Charged in 2017 Total Interest Paid in 2017 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% $2,120.39 $48.61 E YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. Eligible card purchases may be billed under one of the following promotions: No Interest for 6, 12, 24, 36, 48 or 60 months. For each promotion, after the promotion ends, a 26.99% APR will apply. Minimum monthly payments are required. See Promotional advertising for further details. Eligible card purchases may be billed under one of the following promotions: No Interest if Paid in Full within 6, 12, 18, 24, 30, 36 or 48 months. Under each of these promotions, if the promotional balance is not paid in full within the promotional period, interest will be imposed from the date of purchase at a rate of 26.99%. Minimum monthly payments are required. See promotional advertising for details. Piease Note: Enciosed is the Privacy Policy for this account. Please take a moment to read it, then keep it with other financial documents. If you have previously exercised your choice under the policy, you do not need to do so again. Important Update to the erms of your JCPenney Rewards program Effective in July 2017, the maximum number of points that you can receive in a single purct ase transaction is 2,000 points ("Point Maximum") regardless of the amount of the qualifying purchase. Exclusions apply. Please also note that Perk Rewards for Shoes and Bras will be discontinued as part of these program changes. See www.jcpenneyrewards.com or call 1-888-527-7937 starting in July for details on updated program benefits and for your new JCPenney Rewards program terms. Remember - our best rewards come with the JCPenney credit card! Qualifying purchases made with the JCPenney credit card earn rewards points two times faster, and points don't expire as long as your Rewards account is active. Based on your 2016 purchases, you qualify for Gold Status. Take your rewards to the next level with Platinum status. See back of statement for Gold and Platinum status details, go to jcp.com/credit or see an associate in store to learn more about the benefits. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from porting ies and other to review, maintain or collect your account. $433 HOH 1 7 13° «170316 DPAGE 2 of 3 9119 5300 M175 o1GwS433 3433 HOH 1 7 13> «170316 DPAGE 3 of 3 9119 5300 M175 0o1GWS5433 EXHIBIT B JENNIFER S GHAZVINI View & Pay Your Bill at jcp.com/credit Azcount Ending: *** *** 867 11 Customer Service: 1-800-527-3369 PO Box 965009 Orlando FL 32896-5009 Previous Balance $2,501.07 New Balance $2,596.29 | + Fees Charged $37.00} | Amount Past Due $669.00 | + interest Charged $58,22| | Total Minimum Payment Due $791.00 | | Payment Due Date 09/08/2017 | | New Balance $2,596.29 | | Late Payment Warning: If we do not receive your Total | Credit Limit $2,160.00 | | Minimum Pe:-~-2nt Due by the Payment Due Date listed | Available Credit Nene | above, you may have to pay a late fee up to $37.00. Statement Closing Date 08/16/2017 | Minimum Payment Warning: If you make only the | Days in Billing Cycle 31 | minimum payment each period, you will pay more in interest | | | and it will take you longer to pay off your balance. | | | | For example: | T T ) | | !fyoumakeno | Youwillpayoff | And youwillend | 4 | | |] additional charges the balance | uppayingan | | using this card | - shownon this estimated total | || @ndeachmonth | statementin = | of... | | you pay .... | about ... | | | | Only the Minimum 9 years $5,066.00 | | payment | | | | | |_| If you would like information about credit counseling | | | | services, call 1-877-302-8775. | Tran Balance Date Reference Number Type Description of Transaction or Credit Amount FEES 108/08 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00} INTEREST CHARGED 08/16 INTEREST CHARGE ON PURCHASES $58.22 (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. 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. Account Ending: *** *** 867 11 mmo ¢ TOIL OL int 0000010 il New address or email? Print changes on th back. JENNIFER S GHAZVINI 3353 CHAPELLE DR ROSEVILLE CA 95661-3953 Synchrony Bank/JCP P.O. Box 960090 Orlando FL 32896-0090 $433 HOH 1 7°13 «170816 EX PAGE 1 of 3 9119 5300 M175 O1HCS433 Tran Balance Date Reference Number Type Description of Transaction or Credit Amount TOTAL INTEREST FOR THIS PERIOD $58.22) Total Fees Charged in 2017 Total Interest Charged in 2017 Total Interest Paid in 2017 $169.00 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% $2,539.78 $58.22 E YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. $433 HSH 1 7 13° «170816 EX PAGE 2 of 3 9119 5300 M175 O1HCS433 4 { $433 HOH 13 170816 EX PAGE 3 of 3 9119 5300 M175 O1HCS433 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: Portfolio Recovery Associates, LLC v. JENNIFER GHAZVINI 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: 3353 CHAPELLE DR, ROSEVILLE CA 95661 Street City Zip Code | declare under penalty of perjury under the laws of the State of Califorgcthat the regoing is true and correct. DATED: October 29, 2019 Signature of Plaintiff's Attorney Devin Jacobsen #308722 Hunt & Henriques 1352533.001
