ComplaintCal. Super. - 3rd Dist.November 27, 2019a o o e o n n n n f s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRYANT BURNSTAD, SBN 297286 JERRY WANG, SBN 297106 RESURGENCE LEGAL GROUP, PC Ere: 10805 Holder Street, Suite 205 Superior Court of a Cypress, CA 90630 County of Planar orm (T) 877/440-0860 (F) 714/226-0024 EMAIL: CAAttorney@ResurgenceLegal.com NOV 27 2019 Refer to File Number: TP039315 eutive Of ci Attorney for Plaintiff JO. Lucatuorto, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER, PLACER JUDICIAL DISTRICT BILL SANTUCCI JUSTICE CENTER UNIFUND CCR LLC ) casEno. MCVO075254 ) Plaintiff, ) COMPLAINT FOR MONEY ) v. ) 1. Account Stated ) 2. Open Book Account KATHRYN A JOHNSON, ) 3. Indebtedness and DOES 1 through 15 inclusive, ) ) Limited Jurisdiction Defendant(s). ) | [Demand Amount: $1,958.02] ) ) ) ) ) GENERAL ALLEGATIONS 1. At all times mentioned herein, Plaintiff was, and now is a LIMITED LIABILITY COMPANY, duly organized and existing under and by virtue of the state of its formation and at all times herein and is successor-in-interest of FIRST NATIONAL BANK OF OMAHA, and is qualified to conduct business in the State of California. Plaintiff is a debt buyer and sole owner of account. 2s The true names and capacities of Defendant(s), DOES 1 through 15, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendant(s) by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for each and every obligation hereinafter set forth. 3: Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this 1 COMPLAINT FOR MONEY ux eg q Ad , C o w a N H N H n F e W] Y O RK w o wH oO N O N O N O N O N O N V N O K H K F K F K F K F F e R e e R e e R O o N B O N W ek e W O NY O FF O O O N D O H h Re WH O N Y KF CO Complaint, was and at all times herein mentioned, and now is, the agent and employee of each of the other Defendant(s) herein, and was at all times acting within the course and scope of said agency and employment. 4. Plaintiff alleges that the Defendant(s), or some of them, reside in the above-cited Judicial District. The obligation sued upon is not commercial in nature and is not subject to the provisions of Civil Code, §2984.4, nor Civil Code, §1812.10. 5. Defendant(s), and each of them, requested a credit card (the "Account") from the original credit issuer. Thereafter, said request was accepted and credit was extended to Defendant(s). 6. Defendant(s) and each of them, accepted and used the credit privileges as evidenced by the statements for account ************3727, Attached as Exhibit "A" is a true and correct copy of the contract credit card statement(s) for account number ************3727 and is incorporated herein by reference. 7. The charge-off creditor was FIRST NATIONAL BANK OF OMAHA, 1620 DODGE ST, OMAHA NE 68102 and account number at time of charge-off was ************3727, 8. The name(s) and last known address(es) of Defendant(s) as they appeared in the charge-off creditor's records prior to the sale of the debt, or for debt sold prior to January 1, 2014, the name and last known address of Defendant as they appeared in the debt owner's records on December 31, 2013 was KATHRYN A JOHNSON, 6725 LE MANS AVE, CITRUS HEIGHTS CA 95621. 2 COMPLAINT FOR MONEY O o O o Y N DB D W H FR W O BP O KR N H NY N Y N Y N Y N O N Y NY - O rR R R R O e e e e e e a a o N D H h F F WO W N Y F P O D O O O o H N D O H W B R WH Y PB F O 9, The names and addresses of all persons or entities that purchased or were assigned the debt after charge-off are: Name Address PILOT RECEIVABLES 10625 TECHWOODS CIRCLE, CINCINNATI OH MANAGEMENT LLC 45242 DISTRESSED ASSET PORTFOLIO 10625 TECHWOODS CIRCLE, CINCINNATI OH III LLC 45242 DISTRESSED ASSET PORTFOLIO 10625 TECHWOODS CIRCLE, CINCINNATI OH IV LLC 45242 UNIFUND CCR LLC 10625 TECHWOODS CIRCLE, CINCINNATI OH 45242 Attached hereto collectively as Exhibit "B" are true and correct copies of said transfers and are incorporated herein by reference. 10. Attached as Exhibit "C" and incorporated herein by this reference, are the reformatted and redacted printouts of the raw data on the account sued upon from the electronic files referenced by the Bills of Sale and received by Plaintiff during the transfer of this account. The information includes Defendant's account number, name, and other personal information. All other accounts referenced in the raw data are omitted due to the personal information included of non-parties. 11. Plaintiff has complied with California Civil Code section 1788.52. 12. Defendant(s), and each of them, defaulted on the account by failing to make payments since on or about September 6, 2016, causing damages as set forth herein. The charge-off creditor duly performed or was excused from performing all terms and conditions of said Agreement on its part to be performed. 13. The balance at charge-off was $1,958.02. The total amount of interest after charge-off was $.00. The total amount of fees after charge-off was $.00. The total amount of credits after charge-off was $0.00. 14. Demand has been made on Defendant(s), and each of them, for the payment of $1,958.02 due. FIRST CAUSE OF ACTION (Account Stated) 15. Plaintiff refers to Paragraphs 1 through 14, and by this reference incorporates the same herein as though fully set forth. 3 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. Within the last four years, an account was stated by and between the charge off creditor and Defendant(s), and each of them, wherein it stated that said Defendant(s), and each of them, were indebted to the charge off creditor in the sum of $1,958.02. Plaintiff is the current holder and assignee of the Account. SECOND CAUSE OF ACTION (Open Book Account) 17. Plaintiff refers to Paragraphs 1 through 16, and by this reference incorporates the same herein as though fully set forth. 18. Within the last four years, Defendant(s), and each of them, became indebted to the charge-off creditor on an open book account for $1,958.02 due. The open book account reflected all the credits and debits involved in the financial transaction(s) between charge-off creditor and Defendant(s) in the Account. Plaintiff is the current holder and assignee of the Account. THIRD CAUSE OF ACTION (Indebtedness) 19. Plaintiff refers to Paragraphs 1 through 18, inclusive of the First Cause of Action, and by this reference incorporates the same herein as though fully set forth. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them as follows: AS TO ALL CAUSES OF ACTION: 1. For the sum of $1,958.02; 2. For costs of suit incurred herein; and, 3. For such other further relief as the Court may deem just and proper. DATED: November 3, 2019 RESURGENCE LEGAL GROUP, PC By: BRYANT BURNSTAD, SBN 297286 CO JERRY WANG, SBN 297106 Attorney for Plaintiff 4 COMPLAINT FOR MONEY EXHIBIT “A” ~ (D First National Bank Ornaha 2253 o00000 KATHRYN A JOHNSON 2700 BONANZA ST ROCKLIN CA 95677-1704 First National Bank Omaha P.O. Box 2557 Omaha, NE 68103-2557 am Account ber: "27 Now Balance? oo. $1,509.43 VISA Minimum Payment Due: 00000... $40.00 Payment Due Date: ........ October 19, 2016 Make checks payabie ty Firat Nutiinel Bank Crnaha Amount of Payment Enciosed $ ; Change of Address? if yes. please complete reverse side. PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition® Visa® Account Summary Previous Balance .. Payments Other Credits ... w- $ 1,534.23 Balance Transfers . Cash Advances .. Fees Charged ..... +$0.00 interest Charged . New Balance Statement Closing Date ....... 09/21/16 Account Number: a727 Page 001 of O02 PS Payment Information New Balance Minimum Payment Due .. Past Due Amount .... Payment Due Date .. @ Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 and your APRs may be increased to a Penalty APR of up to 30.24%. @ Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you October 19, 2016 Days in Billing Cycle oe 30 longer to pay off your balance. For Example: 4 you make no additional You wal pay off the balance. Abd you will esd up a aad charges asing tris card and steovert on the shitemmet pineng an eetirrated Total Credit Limit each month you pay... about .. total of. Available Credit .. Cash Limit .......... Onty the minimum payment 6 years $2,862 Available Cash ............. sachensiaod 66 $2016 i 856 S years (Savings $946) if you would fike information about credit counse’ng services, call 1-866-486-6322. Customer Service Call: Toll Free 1-888-530-3626 (TDO Tetecommunicabons Device for the Deal 1-096-825-2323) (Balance Transfer Motine: 1-877-388-8231} Save Time and Stamps by Paying Online! ? Smart Tips Have you secured your identity from theft? Visit: www.fnbomaha.com Remit to: First National Bank Omaha, P.O. Box 2557, Omaha, NE 68103-2557 Remember that the most common way identity thieves get their hands on your information is by going through your trash. Be sure to shred anything with sensitive information before throwing it away! ~P Transaction Detail Trans Post Reference Transaction Credits (CR) Date Date Number Description and Debits Payments and Other Credits 9-06 9-06 rea;g0ceszsocancotasaaza ONLINE PAYMENT THANK YOU $50.00 {CR} Fees Total Fees For This Period $0.00 Interest Charged interest Charge on Purchases $25.20 interest Charge on Cash Advances $0.00 interest Charge on Balances Transfers $0.00 Total Interest For This Period $25.20 Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) Variable Rate (f} Fixed Rate Charge Annual Percentage Balance Subject Days Rate Used interest Charge Summary Rate (APR) to Interest Rate Purchases 20.24% {v) $1,519.84 30 $25.20 Cash Advance 25.49% tv) $0.00 30 $0.00 2016 Total Year-to-Date Total fees charged i 2016 2... eects tecen cen ennen coed O0O Total interest charged in 2016 .... bose ceseteseec nese 1 234 G4 issued by First National Bank of Omaha See reverse for additional mformation. Continued next page * Our Commitment We are committed to providing our customers with quality O YO U products, superior service, and our continued support and respect. 5 Account Number: 3727 Page 002 of 002 Additional information Regarding Your Account SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) if you are an active duty member of the United States Military, you may be eligible for additional benefits on your account(s) under the Servicemembers Civil Relief Act {SCRA}. Cait 855-868-8446 or lag in to the website listed on the front of your statement and click ‘Resources’ for more information. A sure accuracy, please print clearly using upper-case letters ¢ mbers only. Please do not use Red Ink, Gel pens or Pencil. CHANGE OF ADDRESS, PHONE, OR E-MAIL Address ApvBidg# City State, ZIP Home Phone. Work Phone Cell Phone E-mail Address if you have a Credit Card for business purposes, and are requesting an address change, we may request additional Balance Subject to Interest Rate: Each “Balance Sutyect to Isterest Rate’ shown on the front of fs stal a d using the average daily balance finchicing new purchases} method Each such betasce is calewated separately for each penod that a partcular rale was a effect (referred to below as a “Rate Pena’) To get each average daly balance, we first compute a “Deady Bainnce’ for each day of the Rate Pernod as follows. (1) we stet with the baginning balance of each day. (2) we add any sew transactions (such as Purchases. Balance Transfers, Cash Advances and debi adjustments, as applicable) and any new fees, and (3} we subtact any applicable payments, credits, of credit adjustments. Each average daly balance that is shown on the font is cormpuled by adding yp all the Daily Balances in the Rate Period and daidiryy the folal by fhe sumber of days in the Rate Period (which shows on the font a3 “Days Rale Used} in making these computations: (a) we may treat a credit balance as a belanoe of zero, and (b} we may delay adding fees fo your balance; aed {c} each day, we multiply your Daily Balanoe by the applicable daay Deriodic rate and add that amount fo your dalance to determine the next days beginning balance. Interest Charges: We figure the interes! charges on your account by applying the apphcable dady periodic tate lo the applicable average daily balance of your account and multplying tat product by the number of days m the Rate Penod How to Avoid Paying Interest on Purchases: ff you pay your New Balance as shown on the front of thus being stalament by the Payment Due Date and if we also received payment a full of your New Sakmve as inthcaled on your previous billing statement by its Payment Due Dale or if hat New Saiance was zero of a cred, no interest charges will be assessed on Purchases shown on your next billing statement. Uniess you have been spenfically nobfed otheswise, no period is prowded to repay non-Purchase balances without scurnng interest charges-et other words, there is no grace periad for Gash Advarces or Balanoe Transfers: Payment Requirements: Payrnents must be (1) acoomparved by the lop portion of ths baling stalement, (2) recemed no ister than 5:00 pn. (entral Tene) on the Payrnent Due Date at the locabon we have specified for recepl of your payment, (3) made only by check o money order if your paymest is made by rail, (4) made in US Dollars, and (5) sent to the PO. Box specified on the lop of the fron! of Bus statement ifwe accep! a payment that does nat compty wath these requirements, here may be a delay m crediting your account, wtich may result in additonal terest and fees. f your payment is retumed unpaid by your bank for sufficient funds, we may te-present your check eleckonically Credit Limits: Onty the “Cast Liret’ portion of yout Credit Lint avéllable for cash advances, “Avadable Credit’ or “Awadabie Cash’ refers to the part of your Credit Linet or Cash Lemt thal was avedable as of this billing statements Cosing dale and may sot tefiect overlimnt or credit belance amounts. We may rase or lower your Credit Limd andor Cash Lime at any time snd may resinct the amount that is available for Balance Transters. After we credit a payment to your accor! there may be a delay before if operates to rastore your Available Credit or Available Cash BILLING RIGHTS SUMMARY What To Do if You Think You Find a Mistake on Your Statement Ifyou think there is ant error o¢ your statement wrte to us at First National Bank of Omaha, 2.0 Box 3696 Cmaha, NE 68103-0695 In your letter, give us the fotlowing information » Account information Yout name and account number © Dower amount: The dollar amount of the suspected ear. © Description of Problenr tf you tenk there = an error an your bel, deseribe what you believe = wrong and why you bebeve it 8 a mistake You must costact us within $0 days after the exor appeared on your statement, You must notify os of any potential errors in writing You may call us, bul if you do we are sot required t investigate aay potential errors aed you may have to pay the amaunt @ queston While we investigate whether or not there has been an error, the following are tue ® We cannot by fo collect the amount in queston. or report you as delinegient on thal arriownt » The charge in question may remam on your statement, and we may costinue $ charge you interest on that amount But, if we determing thal we made a mistake, you will sol have to pay the amount in question of any interest or other fees related to thal amount, information. e While you de not have fo pay the areunt @ queshon, yeu are ® for the of your balance © We can apply any unpaid amoun! aganst your credit fenit Your Rights if You Are Dissatisfied With Your Credit Card Purchases if you ate dissatisfied with the goads or services thal you have purchased with your credit card, and you have ined im good faith to correct the probfern weth ite merchant, you may have the oght not to pay the femaining amount due on the purchase. To use this nght, afl of the following must be true 1. The purchase must have been made in your home State or within 106 miles of your current mailing address, and the purchase price must have been more than $50. (Nole: Neither of these ate necessary if your purchase was based on an adverlisement we mailed fo you, or f we own the company that sold you te goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances fom an ATM or with a check that accesses your credé card accoont de not qualify. 3. You must not yet have fully paxd for the purchase. if all of the ciitera above ate met and you are still dissatisfied wih the purchase, contact us at writing at: Pest Nabonal Bank of Omaha, P.O. Box 3896 Omaha, NE 68103-0895. While we investigate, the same rules apply to the disputed arnount as dscussed abowe. After we finish our investigation, we wil tell you our decision At that point. if we think you cwe an amount and you do not pay we may reporl you as delinquent Liability for Unauthorized Use: # you rotice the loss or theft of your cfedt card of a possible unaulhorined use of your card you should write % us immediately at P.O. Box 2696 Omaha, NE 68103-0696 o the facaimse number 402.602.6096 or call us at 1-800-688-7970. You will not be Sable for any unauthonzed use that oceurs after you notify us. You may. however, be Sabie for unauthonzed use that ocours belore your notice % us. In any case, your liabilty wal nol exceed $50 No Pre-Set Spending Limit: if your account has ne pre-ge! spending limit as previously disclosed to you, please read the followng provisions applicable to your account. No pre-set spending limit does nol mean unlimited spexding Your account wi be assigned a revolving credit limit for Purchases and Cash Advances For Cash Advances, you may only spend up fo your assqned cash revohang credit bmd For Purchases, you tay be authonzed to exceed your assigned revelving credit nwt, Each transacton you make % authorized based on factors such as your account history, credit record, absence or presence of suspected faud, and performance and deenquency pattems. | you allempt to make 3 that ds your ged Meg credit le t for Purchases, your account will be evaluated based upon the tengih of tme yout account has been opes and account wsage, performance and delinquency pallens with us. owrent and histoncal snformabon regarding yout cred in general, and your ability ‘c repay. In certain crcumstances, we may ask for additional finances’ mcords to authorize a transaction. ff you are authorzed to exesed your revolving credd limd, you will be tequred fo pay. as part of your memmum monthly payment. the amount by which your New Balance exceeds your fevolwing credit lmt We encourage you fo prowde va with notice of forthcormng unwsual activity, Such ws bigh fransaction amounts, high veloodly, or chariges in geographic patieess. For a pumoses of this billing statement any reference i Credit Limit means revotving credd lime, Information Provided to Cred® Bureaus information about your account 13 pesodically provided to one or mote credt bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your ceed report. H you funk any iMfonration regarding you or your account is inaccurate. wile to us on a separate sheet at P.O. Box 3412, Omaha, NE 68103-0412 EXHIBIT “B” EXHIBIT B BILL OF SALE For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Debt Sale Agreement (the “Agreement”), dated as of March 22, 2017, by and between First National Bank of Omaha (“Seller”) and Pilot Receivables Management, LLC (“Buyer”), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse and to the extent of Seller's ownership, the Receivables as set forth in the Receivables Data File (as defined in the Agreement), dated May 17, 2017. FIRST NATIONAL BANK OF OMAHA Signature: LM Le Name: Lore rh Liban Title:_P2atuegeeiag Livceche Date: S17 7 2 FIRST NATIONAL BANK OF OMAHA Signature: WWW \ Z Busthad Name: _(\VYV Yom Me ic { Tit; VF Date: CS “{4- 7] BILL OF SALE THIS BILL OF SALE is effective as of May 17, 2017 between PILOT RECEIVABLES MANAGEMENT, LLC, an Ohio limited liability company (“Assignor’), and DISTRESSED ASSET PORTFOLIO Il, LLC, an Ohio limited liability company (“Assignee”). Assignor, for value received transfers, sells, conveys, grants and delivers to Assignee free, clear and unencumbered title to the Accounts described on Attachment A and all of Assignor’s rights thereto effective as of May 17, 2017. The sale is without recourse to Assignor. [PILOT RECEIVABLES MANAGEMENT, LLC] » Meg SD. Name: Morgan Smith Title: Vice President DISTRESSED ASSET PORTFOLIO III , LLC DISTRESSED ASSET PORTFOLIO ITI, LLC (“Seller”), for value received and in accordance with the terms of the Receivables Purchase Agreement by and between DISTRESSED ASSET PORTFOLIO Il, LLC, on behalf of itself and its affiliates, including Seller, and DISTRESSED ASSET PORTFOLIO IV, LLC (“Purchaser”), dated as of February 16, 2018 (the “Agreement”) which is incorporated herein by reference, does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clear of all liens, claims and encumbrances in and to the Receivables listed in the Closing Statement attached as Exhibit A to the Agreement, without recourse and without representation or warranty of collectability, or otherwise, except to the extent stated in the Agreement. Effective the 16th day of February, 2018, BILL OF SALE THIS BILL OF SALE is effective as of March 2, 2018 between DISTRESSED ASSET PORTFOLIO IV, LLC, an Ohio limited lability company (“Assignor’), and UNIFUND CCR, LLC, an Ohio limited liability company (“Assignee”). Assignor, for value received transfers, sells, conveys, grants and delivers to Assignee free, clear and unencumbered title to the Accounts described on Attachment A and all of Assignor’s rights thereto effective as of March 2, 2018. The sale is without recourse to Assignor. [DISTRESSED ASSET PORTFOLIO IV, LLC] By: ld i? Name: Jessica Stevens Title: Inventory Manager EXHIBIT “C” ACCOUNT NUMBER TAX ID NUMBER LOAN TYPE NAME1 NAME2 Rows 2-1484 Redacted XXXXXKKKKXKKX 3727 XXxXxx6919 VISA JOHNSON KATHRYN A Rows 1486-End Redacted SECOND NAME1 SECOND NAME2 ADDRESS1 6725 LE MANS AVE ADDRESS2 HOME PHONE CITRUS HTS CA 95621-5409 WORK PHONE DOB CHARGE OFF AMT RECOVERED PRINCIPAL ACCOUNT BAL 1958.02 . 1958.02 RMS DATE RECD CONTRACT DATELAST CONTACT DATE LAST PAY DATE 4/28/17 7/24/14 9/6/16 Outourced Prior to Chargeoff CardmemberA reement Code Comaker SSN Agent Bank Number N FBC111 Xxxxx0000 001 Sub am Bank Number 000
