Complaint

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

B F FO - S O S © NN D W N B R w D BB & N O N O N O H N N H N Y N N N N K N H e R e e H e R e F e R e e e e o N D O n N B h W e N Y KF KF § DO D O O O o N Y D n FP W O NY O KF CO F ITLrer Superior Court of i ; Christopher D. Mandarich SB 220693 County of Places Christine S. Siduguen SB240380 Gissela Arrincon-Tepeli $B309803 NOV 27 2019 MANDARICH LAW GROUP, LLP Jak P.O. Box 109032 Chicago, IL 60610 Executive oiatters 877.285.4918 By: E. Kouvdoe &C!ef Facsimile: 818-888-1260 Dept Attorneys for Plaintiff: Velocity Investments, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER - LIMITED Case No. WCV007522 3 COMPLAINT FOR: Velocity Investments, LLC, Plaintiff, oe. FILE BY FAX 1. BREACH OF CONTRACT Manuel Solis, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Def efendant DEMAND: $15,489.68 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments, LLC, and successor in interest to original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments, LLC; 1800 Route 34 North Building 3, Suite 305, Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. 4. The charge-off creditor at the time of charge-off is LENDINGCLUB CORPORATION, 71 STEVENSON ST #1000, SAN FRANCISCO, CA 94105, and the account number associated! with this debt is XXXX9141. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action. COMPLAINT-1 of 5 Fnia 4 N S o m H N Y D n Wn e R W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt is Manuel Solis , 12340 KRISTA LANE , AUBURN, CA 95603. 7. Plaintiff is unaware of the true names or capacities, whether individual, corporate, associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity of and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each of them, are jointly and severally liable that the actions described herein were taken as actions for the benefit of the Defendant's separate and/or community property. 9. Plaintiff believes that, for value received, Defendant and each of them, executed and delivered a credit application to the original creditor, WebBank or made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendant with a credit account, and granted use privileges on the same, account number XXXX9141 (hereinafter “Account’). 10. Prior to the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply with the terms governing the use of the Account, as it was amended from time to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase of goods and service and/or cash advances and balance transfers along with late charges, over limits charges related thereto. 12. Defendant used the Account to make purchases and/or to take cash advances and/or to make balance transfers. Each time the Defendant used the Account to purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to COMPLAINT-2 of 5 Y N H n A HB R W b w 10 11 12 13 14 15 16 17 18 1 20 21 22 23 24 25 26 Zs 28 repay WebBank and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers, along with such other charges as may be assessed pursuant to the terms governing the Account. 13. The date of last payment on the subject account was on May 4, 2016. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due on the Account. 15. The debt balance at charge-off was $15489.68, and upon information and belief there is $0.00 in post charge off fees and there is $0.00 in post charge off interest. 16. Subsequent to charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $15,489.68. 17. Although demand has been made upon said Defendant to pay said amount, no part has been paid, and it is now due and owing. 18. Upon information and belief, WebBank and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 19. Plaintiff has complied with California Civil Code Section 1788.52. 20. Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Loan File provided to the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 21. Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Breach of Contract) 23. Plaintiff refers to and incorporates paragraphs | through 22. COMPLAINT-3 of 5 S o O o Y N D B D WN W B R W H p O e S N R O N O N R O R O e e e 24. WebBank extended a credit loan to the Defendant. 25. Defendant accepted the terms and conditions of the Account by Defendant use of the Account to make purchases and/or to take cash advances and/or to make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $15,489.68. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each of them became indebted in the amount off the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendant, said amount of $15,489.68 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 a o A D D N n B R W H B w \o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum of $15,489.68, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. Dated: 11/03/2019 By: MANDARICH LAW GROUP, LLP ol LY [X] Christopher D. Mandarich, Esq. Attorneys for Plaintiff COMPLAINT-S of 5 EXHIBIT A An Error Has Occurred Your Lending Club account has encountered an error. We apologize for the inconvenience. Please try again later or contact us for more information. Please click here to return to Lending Club. 71 Stevenson, Suite 300, San Francisco, CA 94105, USA EXHIBIT B D ED _PAID BAL CR™ do” ae ~ CRO iD tL 7 ACCR™ | PAID ~ | BAL ~ [MT ~ [MT ~ |ED_D |ED_AM [D ~ OUT a 7 a, y > 17101 iad wats genzor 189.895 | 0.0000 | 134.375 | 134.37. ood |0.0000 Jo 0.0000 {0.0000 {0.0000 {0.0000 |17 J 4/29/201 | 324.27 | 324.27 | 5/4/2016 | 324.27 4/28/201 | 15000 6 10:38:09 6 9:09:15 8:14:22 | 12:00:00 AM 12:00:00 AM AM AM 177101 sIBIATS amet ae 0.0000 | 0.0000 Poe 0.0000 | 0.0000 | 16.21 0 0.0000 {0.0000 {0.0000 {0.0000 | 16 6/29/201 en21 324.27 | 324.27 0 5/27/201 | 14810 1 6 0500000 8:59:06 3:04:36 | 12:00:00 12:00:00 | 1 AM AM AM AM 17101 ZG mes $/27/201 | 0.0000 | 191.596 peers 0.0000 | 132.673 | 0.0000 |0 16.21 9.0000 | 0.0000 | 0.0000 | 16 7/29/201 | 6/29/201 | 664.75 | 664.75 9 Sieta0t 14810.1 1 9 6 6 0500000 8:16:17 3:04:41 | 12:00:00 12:00:00 | 1 AM AM AM AM 17101 | 2426836 | MNNMO14 | 6/29/201| 0.0000 | 383.192 apes 0.0000 | 265.347 | 0.0000 |0 16.24 9.0000 |00000 | 0.0000 | 16 pene01 geen 989.02 | 989.02 9 (eet 148101 9 1 6 3 7 0500000 3:07:22 3:09:54 | 12:00:00 42:00:00 | 1 AM AM AM AM 17101 | 2555749 | MMM914 | 7/29/201 | 0.0000 | 574.788 | 132.673 |0.0000 | 398.021 |G.0000 [0 16.21 9.0000 | 0.0000 | 0.0000 | 16 eae Sze 1313.29 | 1313.29 0 Besi20 14810.1 3 1 6 4 9 6 0500000 3:07:17 6:06:33 | 12:00:00 42:00:00 | 4 AM AM AM AM 17101 | 2674348 | MMMO14 | 8/29/201 | 0.0000 | 766.384 | 132.673 | 0.0000 | 530.695 |0.0000 |0 16.21 0.0000 |0.0000 | 0.0000 | 16 qoaot grewant 1637.56 | 1637.56 0 paint ais 1 4 4 6 6 9 4 00000 3:14:01 7:33:29 | 12:00:00 12:00:00 | 1 AM AM AM AM 17101 | 2793550 | MMMMO14 | 9/29/201] 0.0000 | 957.980 | 671.951 |0.0000 | 663.369 | 0.0000 [0 16.21 9.0000 | 0.0000 {0.0000 | 19 gown qaeer2n 1961.83 | 1961.83 0 toresi20 ee 4 7 2 3 ' 6:00:37 9:04:08 | 12:00:00 42:00:00 | 1 AM PM AM AM