Complaint

Cal. Super. - 3rd Dist.November 27, 2019

42 2 2F - O o C O S I H D A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 <= Brian N. Winn (State Bar No. 86779) FILE Laura M. Hoalst (State Bar No. 101082) Superior Court of Californ; John E. Gordon (State Bar No. 180053) nty of Placer Jason M. Burrows (State Bar No. 309882) NOV 27 2019 Amit Taneja (State Bar No. 304559) ink Grace Gail Cara (State Bar No. 315558) Executive onatte & Clerk Cherrie Y. Tan (State Bar No. 324871) Winn Law Group, A Professional Corporation 110 E Wilshire Ave Ste 212, Fullerton CA 92832 Telephone: (714) 446-6686, Fax No.: (714) 446-6680 File No: 19-05767-0-UNC-EX-51917232 (2020-01) Attorneys for Plaintiff y: E, Kouvdos, Deputy SUPERIOR COURT OF CALIFORNIA PLACER COUNTY, ROSEVILLE DISTRICT UNIFUND CCR, LLC, Case No. WCVvOO 7 5 22 2 Plaintiff, vs "Limited Liability Case" MICHAEL R NELSON COMPLAINT FOR ACCOUNT STATED; AKA MICHAEL NELSON, MONEY LENT DOES | to 10, Inclusive, DEMAND AMOUNT: $5,701.90 Defendant(s), Plaintiff, UNIFUND CCR, LLC, as assignee of DISTRESSED ASSET PORTFOLIO II, LLC, as assignee of CREDITSHOP RECEIVABLES, LLC, as assignee of CC RECEIVABLES ACQUISITION, LLC, as assignee of FIRST BANK & TRUST, as assignee of BARCLAYS BANK DELAWARE, complains of Defendants, and each of them, singularly and collectively, that: 1. The true names and capacities of Defendants herein sued by the fictitious names as DOES | to 10, Inclusive, are unknown to Plaintiff, who therefore sues those Defendants under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Page 1 COMPLAINT FOR COMMON COUNTS ( O o O e N Y H D H O F F W w H e w m N O H O N Y N Y N N N N N V N Y P P t R e e E e r e S e R e e l O o aN A aA &® YO ) HO &§ OD OB O w o N D HW FF Ww NY FY SD Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendants named herein as DOES | to 10 have been ascertained. 2. At all times herein mentioned, Defendants, and each of them, were the agents, servants 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 CC RECEIVABLES ACQUISITION, LLC, and the address of the charge-off creditor at the time of charge-off was 221 WEST SIXTH ST STE 825, AUSTIN, TX 78701. The charge-off account number is XXXXXXXXXXKXX1786. 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 MICHAEL R NELSON, 804 COR DWELL CIR ROSEVILLE, CA 95678-7134. Page 2 COMPLAINT FOR COMMON COUNTS oO o C O S I H D W H Se WD HN ee N Y NY O HO NY VP N Y N D Y N w o N D N O A B P W Y NY F Y O D OD O O o N T H D H H F& F W Y N Y - B S 10. The name and address of all entities that purchased the debt after charge-off are: UNIFUND CCR, LLC, 10625 TECHWOODS CIRCLE, CINCINNATI OH 45242. DISTRESSED ASSET PORTFOLIO III, LLC, 10625 TECHWOODS CIRCLE, CINCINNATI, OH 45242. CREDITSHOP RECEIVABLES, LLC, 221 WEST SIXTH ST STE 825, AUSTIN, TX 78701. 11. Plaintiff is informed and believes and thereon alleges that Defendant MICHAEL R NELSON AKA MICHAEL NELSON is an individual who resides in the City of ROSEVILLE, County of Placer, State of California. 12. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgment against Defendant(s) that would include court costs and necessary disbursements allowed by C.C.P. § 1033(b)(2). FIRST CAUSE OF ACTION Account Stated (Against All Defendants) 13. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs | through 12 of this complaint. 14. This account was charged-off with a balance of $5,701.90. 15. The debt balance at charge-off was $5,701.90, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 16. On September 16, 2017, defendants were indebted to the charge-off creditor, CC RECEIVABLES ACQUISITION, LLC, in the amount of $5,701.90 on an account stated in writing. This BARCLAYS BANK DELAWARE account was for credit card purchases and/or Page 3 COMPLAINT FOR COMMON COUNTS o O o C O N D D o n A F P W D H O Ee N O HO N O H N NY N O N O D w w w ee S o a a R B P F F C e rR a a s k r L vn F S 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.). 17. The date of last payment made on the account was February 14, 2017. 18. Prior to filing this complaint, all right, title and interest in the account which is the subject of this lawsuit, Account Number XXXXXXXXXXXX1786, was sold and assigned by BARCLAYS BANK DELAWARE, to FIRST BANK & TRUST. Subsequently, FIRST BANK & TRUST sold and assigned the Account, Account Number XXXXXXKXKXKXXXX1786, to CC RECEIVABLES ACQUISITION, LLC. Thereafter, CC RECEIVABLES ACQUISITION, LLC sold and assigned the Account, Account Number KXXXXXXXXXXXX1786, to CREDITSHOP RECEIVABLES, LLC. Thereafter, CREDITSHOP RECEIVABLES, LLC sold and assigned the Account, Account Number XXXXXXXKXXXXX1786, to DISTRESSED ASSET PORTFOLIO Ill, LLC. Thereafter, DISTRESSED ASSET PORTFOLIO III, LLC sold and assigned the Account, Account Number XXXXXXXXXXXX1786, to UNIFUND CCR, LLC. UNIFUND CCR, LLC is the sole owner of the debt at issue. 19. Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 20. Neither the whole nor any part of the above charged-off sum has been paid, although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the Principal amount of $5,701.90, and costs of suit. Ml Mf HM Page 4 COMPLAINT FOR COMMON COUNTS oO o S& S NY D o U W FS F W Y N O w m N O BV H N Y W H N Y N N N w e e e e e R e o N A A Fk wD NY &§ O O wo N Y D H FF YW NY YF © SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 21. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs | through 20 of this complaint. 22. This account was charged-off with a balance of $5,701.90. 23. Within the last three years, Defendant became indebted to the charge-off creditor, CC RECEIVABLES ACQUISITION, LLC, in the amount of $5,701.90 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. 24. The date of last payment made on the account was February 14, 2017. 25. Neither the whole nor any part of the above charged-off sum has been paid, although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the Principal amount of $5,701.90, and costs of suit. 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 $5,701.90; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. Mf Page 5 COMPLAINT FOR COMMON COUNTS O D Oo NY DA WN W BR Ww W HB Ee DN D R O R D R D R D O e t S N R R R P R P B E B E B S N S F G o o B R A A B A R E S A S FOR THE SECOND CAUSE OF ACTION (1) Principal of damages in the sum $5,701.90; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. Dated: November 5, 2019 Winn Law Group, A P.C. [ ] Brian N. Winn L { ] Laura M. Hoalst [ ] John E. Gordon Lfeson M. Burrows [ ] Amit Taneja { ] Grace Gail Cara [ ] Cherrie Y. Tan Attorney for Plaintiff Page 6 COMPLAINT FOR COMMON COUNTS EXHIBIT “A” EXHIBIT “A” the past year. - You can view,... ‘download and: print! itat” ‘BarclaycardUS.¢ com: See itemized: purchases, and * organized by. month, ’Make eve Couj 1 Check, for'addres: hange. “Comriplete form: on'the back. yi < = Se Account Number Minimum Payment Due Statement Balance , 2a Due Date r e = your card yea during | é «