Complaint

Cal. Super. - 3rd Dist.June 9, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 1 COMPLAINT CASE NO. COMPLAINT FOR: (1) Account Stated PRAYER AMOUNT: $21,208.98 LIMITED CIVIL Kristen Brinkerhoff, Esq. Bar No. 263579 Emily Pierce, Esq. Bar No. 240084 Jordan Cook, Esq. Bar No. 179720 Lori Williams, Esq. Bar No. 242985 Michelle Mitchell, Esq. Bar No. 221841 PORTFOLIO RECOVERY ASSOCIATES, LLC 10680 Treena St., Suite 500 San Diego, CA, 92131 Tel: 866/428-8102 Fax: 757/518-0860 Attorneys for Plaintiff File No.: 28487 SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, v. DARYL MORALES, and DOES 1 to 25. Defendant(s). Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, ("Plaintiff") alleges: 1. Plaintiff is a limited liability company. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, DARYL MORALES ("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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 2 COMPLAINT 4. This suit concerns a credit account that was purchased by Plaintiff on or 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. A BARCLAYS BANK DELAWARE/ HAWAIIAN AIRLINES credit account was issued to Defendant on or about January 16, 2016. 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 rights, title and interest in the credit account. The account was assigned, transferred and sold to Plaintiff by BARCLAYS BANK DELAWARE. 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 $21,208.98. Plaintiff is not seeking to recover any post charge- off fees or interest. 9. The date of last payment on the credit account was October 10, 2018 10. The name and an address of the creditor at the time of charge-off was NAME ADDRESS BARCLAYS BANK DELAWARE 125 S. WEST STREET WILMINGTON, DE 19801 At the time of charge-off, the charge-off creditor's account number associated with the debt ended in XXXXXXXXXXXXX0679. 11. The name and last known address of the Defendant as they appeared in the charge-off 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 3 COMPLAINT creditor's records prior to the sale of the debt: DARYL MORALES,1227 BIG BEN RD, LINCOLN, CA 95648-8538. 12. The names and addresses of all persons or entities that purchased the debt after charge off, include the Plaintiff debt buyer: Portfolio Recovery Associates, LLC, which maintains an address at 120 Corporate Blvd, Norfolk, VA 23502. 13. Plaintiff has complied with the requirements of Civil Code Section 1788.52. Notably, Section 1788.52(a)(7) requires that Plaintiff possess the California debt buyer license number when making any written statements to a debtor in an attempt to collect a consumer debt. The legislation that created this requirement also stated that the licensing provisions shall become operative January 1, 2022, and that a debt collector that submits an application prior to January 1, 2022 may operate pending the approval or denial of the application. 14. Attached hereto as Exhibit A is a true and correct copy of a document required by section 1788.58(b) of the California Civil Code. 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 BARCLAYS BANK DELAWARE/ HAWAIIAN AIRLINES and on the account a balance was stated to be due to BARCLAYS BANK DELAWARE/ HAWAIIAN AIRLINES, from Defendant. Defendant expressly or impliedly agreed to pay BARCLAYS BANK DELAWARE/ HAWAIIAN AIRLINES, that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement showing the balance due and owing. 17. Before the commencement of this action, Plaintiff was assigned the credit account and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 4 COMPLAINT ☒ ☐ ☐ ☐ ☐ 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 $21,208.98. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: On the First Cause of Action: 1. For the unpaid principal balance of $21,208.98; 2. Costs of suit; and 3. Any such other relief as the Court may deem just and proper. DATED: June 05, 2021 By: Kristen Brinkerhoff, Esq. Bar No. 263579 Emily Pierce, Esq. Bar No. 240084 Jordan Cook, Esq. Bar No. 179720 Lori Williams, Esq. Bar No. 242985 Michelle Mitchell, Esq. Bar No. 221841 Attorneys for Plaintiff Portfolio Recovery Associates, LLC www.PRApay.com EXHIBIT A EXHIBIT B