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16CV300096
Santa Clara — Civil
R. Burt
Fred W. Schwinn (SBN 225575) electronically filed
Raeon R. Roulston (SBN 255622) by Superior Court of CA,
Matthew C. Salmonsen (SBN 302854) County of Santa Clara,
CONSUMER LAW CENTER, INC. on 4/20/2022 9:46 PM
38 West Santa Clara Street Reviewed By: R. Burciaga
San Jose, California 95113-1806 Case #16CV300096
Telephone Number: (408) 294-6100 Envelope: 8801519
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC, Case No. 16CV300096
(Unlimited Civil Case)
Plaintiff,
ve Assigned for all purposes to:
MARIA CANUL, The Honorable Patricia M. Lucas (Dept. 3)
Defendant.
MARIA ANTONIA CANUL, on behalf of REQUEST FOR JUDICIAL NOTICE IN
herself and all others similarly situated, OPPOSITION TO SPECIAL MOTION TO
, STRIKE FIRST AMENDED CROSS-
Cross-Complainant, COMPLAINT
v. Hearing Date: May 11, 2022
VELOCITY INVESTMENTS, LLC, a New | Hearing Time: 1:30 p.m.
Jersey limited liability company; Hearing Dept.: 3 :
VELOCITY PORTFOLIO GROUP, INC., Hearing Location: 191 North First Street
a Delaware corporation; and ROES 2 San Jose, California
through 10, inclusive,
Cross-Defendants.
Defendant/Cross-Complainant, MARIA ANTONIA CANUL, hereby requests that this Court
take judicial notice, pursuant to Evidence Code § 452(d), of the following documents:
1. Declaration of Maria Antonia Canul in Support of Defendant/Cross-Complainant’s
Motion for Class Certification filed on April 1, 2022, in the above-captioned case, a true and correct
copy of which is attached hereto as Exhibit “1.”
REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096
iagaDated: April 20, 2022
CONSUMER
By:
LAW CENTER, INC.
Fred W. Sc
Matthew C.
CONSUMER
38 West Santa
San Jose, Cali
winn (SBN 225575)
x] Raeon R. Roulston (SBN 255622)
Salmonsen (SBN 302854)
LAW CENTER, INC.
Clara Street
ornia 95113-1806
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for
Defendant/Cross-Complainant
MARIA ANTONIA CANUL
REQUEST FOR JUDICIAL NOTICE
Case No. 16CV300096oD Mm ND
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16CV300096
Santa Clara — Civil
Fred W. Schwinn (SBN 225575)
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854)
CONSUMER LAW CENTER, INC.
38 West Santa Clara Street
San Jose, California 95113-1806
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 4/1/2022 4:42 PM
Reviewed By: R. Walker
Case #16CV300096
Envelope: 8658523
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC,
Plaintiff,
Vv.
MARIA CANUL,
Defendant.
MARIA ANTONIA CANUL, on behalf of
herself and all others similarly situated,
Cross-Complainant,
v.
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
corporation; and ROES 2 through 10,
inclusive,
Cross-Defendants.
Case No. 16CV300096
(Unlimited Civil Case)
Assigned for All Purposes to the
Honorable Patricia M. Lucas (Dept. 3)
DECLARATION OF MARIA ANTONIA
CANUL IN SUPPORT OF
DEFENDANT/CROSS-COMPLAINANT’S
MOTION FOR CLASS CERTIFICATION
Hearing Date: June 22, 2022
Hearing Time: 1:30 p.m.
Hearing Dept.: 3
191 North First Street
San Jose, California
Hearing Location:
I, MARIA ANTONIA CANUL, declare under penalty of perjury, under the laws of the State of
California, that the following statements are true:
1. Iam the Defendant and Cross-Complainant in the above-captioned action, and I
reside in Santa Clara County, California.
2. Ihave personal knowledge of the following facts, and if called as a witness, I could
DECLARATION OF MARIA ANTONIA CANUL
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Case No. 16CV300096oD Mm ND
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and would competently testify thereto.
3. On or about September 20, 2016, Plaintiff, VELOCITY INVESTMENTS, LLC
(“VELOCITY”), filed a Complaint for Money against me in the above-captioned action, in an attempt
to collect a charged-off consumer debt originally owed to WebBank. A true and accurate copy of the
said Complaint for Money in this action is attached hereto, marked Exhibit “1,” and by this reference is
incorporated herein.
4. The debt which VELOCITY sought to collect from me was incurred primarily for
personal, family, or household purposes. Specifically, the debt was incurred to pay off other consumer
purpose debts incurred from multiple personal credit cards that had high interest rates.
5. I understand that this Cross-Complaint alleges that Cross-Defendants violated the
California Fair Debt Buying Practices Act, specifically, California Civil Code §§ 1788.52(b),
1788.52(d)(1), 1788.58(a)(6), 1788.58(a)(9), and 1788.58(b). On behalf of myself and all persons
similarly situated, I seek declaratory judgment and statutory damages against Cross-Defendants for
these violations.
6. My claims, and those of the class I seek to represent, arise from Cross-Defendants’
routine practice of filing and serving complaints, like the one filed against me, that violate California
law.
7. I-understand that a class action is a lawsuit brought by one person, myself, on
behalf of a group of people who have been treated in the same illegal manner by Cross-Defendants.
8. Iam willing to be a representative of the class.
9. Tunderstand:
a. _ that as class representative I have the responsibility to see that the lawyers
prosecute the case on behalf of the entire class, not just myself;
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DECLARATION OF MARIA ANTONIA CANUL Case No. 16CV300096b. that I may have to testify at a deposition and/or trial and provide documents
and information for use in the case; and
c. that the Court must approve any settlement of this case as a class action.
10. I have arranged for my attorneys to advance all costs of this action, including
notification to the class, while I remain responsible for my pro rata share of such costs.
11. Prior to its filing, I reviewed and approved the First Amended Class Action Cross-
Complaint for Declaratory Relief _and Damages. My counsel have also been providing me with
documentation and updates about this case on a frequent basis. I have been and will remain an active
participant in this litigation.
12. [understand that courts have sometimes approved a service award to the named
plaintiff for serving as the class representative, but that I am not entitled to such an award as a matter of
right, and that I have not been promised or guaranteed money for being the class representative.
13. Tam not employed by, or related to, any of my attorneys, Fred W. Schwinn, Raeon
R. Roulston, or Matthew C. Salmonsen. I understand that they will be paid as directed by the Court
from Cross-Defendants’ assets or the funds recovered for the class, if the case is successful.
Executed at San Jose, California, on March 29, 2022.
ID bzySS8bK1PudSrOSEtGuFHu 2
Maria Antonia Canul
Defendant/Cross-Complainant
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DECLARATION OF MARIA ANTONIA CANUL Case No. 16CV300096ENDORSED
MATTHEW J. KUMAR, ESQ. Bar No. 283521
ALI FARZIN, ESQ. Bar No. 278564
LAW OFFICE OF RORY W. CLARK, ale SEP 20 A & Su
A Professional Law Corporation
14900 Magnolia Blvd. #55997
Sherman Oaks, CA 91403
Attomeys for Plaintiff
Internal File No. V1500062
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SANTA CLARA, SANTA CLARA - "LEMITED CIVIL"
VELOCITY INVESTMENTS, LLC, CASE NO, 1 6Cav 300096
)
)
Plaintifé, ) .
) COMPLAINT OR MONEY:
vs. ) OPEN BOOK ACCOUNT, AND
) MONEY LENT,
MARIA CANUL, ) (COMMON COUNTS),
) DECLARATION OF VENUE
and DOES I through X, inclusive, }
) DEMAND AMOUNT:
Defendants. ) $4,792.47
)
PURSUANT TO 15 U.S.C. §1692g AND CALIFORNIA CIVEL CODE §1788.17,
UNLESS YOU, WITHIN THIRTY DAYS AFTER RECEIPT OF NOTICE,
DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF,
THE DEBT WILL BE ASSUMED TO BE VALID BY THIS DEBT
COLLECTOR. IF YOU NOTIFY THIS DEBT COLLECTOR IN WRITING,
WITHIN THE THIRTY DAY PERIOD THAT THE DEBT OR ANY PORTION
THEREOF IS DISPUTED, THIS DEBT COLLECTOR WILL OBTAIN
VERIFICATION OF THE DEBT OR A COPY OF A JUDGMENT AGAINST
YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE
MAILED TO YOU BY THIS DEBT COLLECTOR. UPON YOUR WRITTEN
REQUEST WITHIN THE THIRTY DAY PERIOD, THIS DEBT COLLECTOR
WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IFDISFERENT FROM THE CURRENT CREDITOR.
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COMPLAINT FOR MONEYTHIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY
INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS
COMMUNICATION IS FROM 4 DEBT COLLECTOR.
THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACF
AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT
REQUIRE FHAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES,
COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9
P.M, THEY MAY NOT BARASS YOU BY USING THREATS OF VIOLENCE
OR ARREST OR BY USING OBSCENE LANGUAGE. COLLECTORS MAY
NOT USE FALSE OR MISLEADING STATEMENTS OR CALL YOU AT
WORK IF THEY KNOW OR HAVE REASON TO KNOW THAT YOU MAY
NOT RECEIVE PERSONAL CALLS AT WORK. FOR THE MOST PART,
COLLECTORS MAY NOT TELL ANOTHER PERSON, OTHER THAN YOUR
ATTORNEY OR SPOUSE, ABOUT YOUR DEBT. COLLECTORS MAY
CONTACT ANOTHER PERSON TO CONFIRM YOUR LOCATION OR
ENFORCE A JUDGMENT. FOR MORE INFORMATION ABOUT DEBT
COLLECTION ACTIVITIES, YOUMAY CONTACT THE FEDERAL TRADE
COMMISSION AT 1-877-ETC-HELP OR WWW.FTC.GOV,
“packs
Plaintiff, VELOCITY INVESTMENTS, LLC (“Plaintiff”) alleges against Defendants, MARIA
CANUL and DOES I thre X, inclusive, (“Defendant”) as follows:
L That Plaintiff is now and was at al] times mentioned a Limited Liability Company
authorized to do and engaged in doing business in the State of California.
2. That Defendant is a natural person currently residing in the State of California, to
whom Plaintiff's assignor extended credit.
3. That the true names and capacities, whether individual, corporate, associate, or :
otherwise, of the defendants named in this action as DOES I through X, inclusive, are unknown to
Plaintiff who therefore sues said defendants by such fictitious names. Plaintiff will amend this
Complaint to show their true names and capacities when they bave been ascertained. Plaintiff is
informed and believes and thereon alleges that each of these fictitiously named defendants is
2.
COMPLAINT FOR MONEY1 || responsible in some manner for the occurrences herein alleged, and that plaintiffs damages as
2} herein alleged were proximately caused by their conduct.
2 CALIFORNIA CIVIL CODE §§1788.50-1788.64
4 4. Plaintiffon or after January 1, 2014, purchased a consumer credit account that is the
5 || basis of this action. The purchase of said debt is thereby subject to Civil Code §§1788.50-1788.64.
6 PURSUANT TO CALIFORNIA CIVIL CODE §1788.58{a):
7 (1) Plaintiffis a debt buyer.
8 (2) LENDINGCLUB CORPORATION issued and/or serviced a loan for funds on behalf of
9 || Defendant to be electronically transferred to the bank account of Defendant's choosing. Plaintiff
10 || alleges on information and belief, Defendant accessed those funds and used, or otherwise authorized
11 || its use, or the acquisition of goods, services, balance transfers, and/or other cash withdrawals.
12} During that time, Defendant had access to review and view detailed activity of the account, the
13 | balance due, any accrual of fees, interest, payments, and/or the application of each of those items for
14]| the account. Defendant then failed to make the regular payments when due thereby causing a default
15 || in the repayment of the account. Thereafter, Plaintiff then received all of the rights, titles to, and
16] interest in said credit account,
17 (3) Plaintiffis now the sole owner of the debt at issue, or has the authority to assert the rights
18 }| of all owners of the debi.
19 (4) The debt balance at charge-off was $4,792.17. Plaintiff does not seek or add any post-
20] charge-off interest or fees.
3-
COMPLAINT FOR MONEY~
(6) Tne name and an address of the charge-off creditor at the time of charge-off is:
LENDINGCLUB CORPORATION, 71 Stevenson St. Suite 300, San Francisco, CA 94105, The
charge-off creditor's account number associated with the debt is KXX2945.
(7) The name and lasi known address of the Defendant as they appeared in the charge-off
creditor's records prior to the sale of the debt is: MARIA CANUL 35 S. 15TH ST. #2 SAN JOSE,
CA 95112.
(8) The names and addresses of all persons or entities that purchased the debt after charge-
off are as follows: VELOCITY INVESTMENTS, LLC, PO BOX 788 WALL, NJ 07719.
(9) Plaintiff has complied with California Civil Code § 1788.52.
5. Attached hereto and incorporated herein as Exhibit “A” is a copy of the document
described in California Civil Code § 1788.52(b).
FIRST CAUSE OF ACTION
(Open Book Account - as to ail Defendants)
6. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 5, inclusive.
7. That within the last four years, LENDINGCLUB CORPORATION and Defendant
established an Open Book Account for account number XXX2945 atising from a written agreement.
Said Open Book Account reflected-all debits and credits in connection with the aforementioned
account, and was kept in permanent form in the regular course of business by LENDINGCLUB
CORPORATION. As of its final entry, said Open Book Account provided that Defendant was
have since been posted to the subject account, leaving a total outstanding principal balance due of
$4,792.17.
4.
COMPLAINT FOR MONEYSECOND CAUSE OF ACTION
(Money Lent - as to ali Defendants)
8. Plaintiff re-alleges and incorporates in this cause of action the allegations of
Paragraphs | through 5, inclusive.
a, That within the past four years, Defendant became indebted to Plaintiff's
eer for money lent to Defendant at his/her specific request, and which Defendant agreed
to repay. Defendant received funds from Plaintiif’s assignor, but did not repay as promised.
Defendant has retained the sums rightfully belonging to Plaintiff's assignor in the amount
of $4,792.17. Although demand has been made, no part of that sum has been paid except for
the amount of $0.00, representing a payment or credit on said account. This results in a total
outstanding principal balance due of $4,792.17,
WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows:
AS TO ALL CAUSES OF ACTION:
1, Principal in the sum of $4,792.17;
2 Costs of suit incurred in this action; and
a Such other and further relief as the Court may deem proper.
Law OFFICE OF RORY W. CLarK,
A PROFESSIONAL Law CORPORATION
5-
COMPLAINT FOR MONEYis websita does not support this version of internet Explorer. Plaase upgrade to the latest version for a eller experience. Uporade
* View Full Site
© lovesting
. 2 IS
© How Works:
* AboutUs
Truth in Lending Disclosure
Truth in Lending Disclosure Statement
Lender
WebBank
6440 South Wasatch Boulevard
Suita 300
SaltLake City, UT 84121
Borrower
Maria CANUL
35s. 15th st 22
San Jose, CA $5112
Annual Percentage Rate
‘The cost of your eredit as a yearly rata
12.58%
Finance Charge
The dollar amount the credit vill cost you
$2,964(e)
Amount Financed
The amount of credit provided io you or on your beat
$14,400(e}
Total of Payments
Tae amount you will have pad when you have made all scheduled payments
$17,364(2}
Your payment schedule will be as follows:
Numberof Amount Winen payments are due
payments (e)
45 $482.32 First paymentis due on 7/12/12, and each subsequent paymentis due monthly thereafter on the same
“32 davof each month
$482.80._tast paymentis due on 6/42/15
‘Payment arives aller your 15 day arace period, you wil ba chatgéd alae fee eat
fo ths greater of
5.00% of the late payment amount or $15. This fee is chargad only once per late payment.
Prepayment poticy: # you pay off your joan in advance, you will not be charged a penalty. In the event of a prepaymeni, you will
nat be entitled to a refund of any pre-pald finance charges or other fees,
See your borrower membership and foan agreements for any additional information about nonpayment, default, or
other matters related to your joan.
(©) means estimate
FYHIRIT Aitems marked (e} will decrease If you receive fess than 100% funding. Regardless of the ultimate amount of the loan, your
APR will not change. Subject to your right to cancel, any unsecured loan will issue if it is at least 60% funded by the end
of the listing period.
Tolal Amount Requested: $15,000.00
LendingClub Fees: $600,00
Total Amount Recelved: $14,490.00
Unsuccessful payment fee, When @ payment fails ard is rejected by your bank, you wit be charged an Unsuccessful Payment Fee of
315 to covar the cost Lending Club incurs on the transaction.
Each attempt to collect a monthly payment is considered a separate transaction, so an Unsuccessiul Payment Fee willbe assessed
for each falled aitempt.
Check Processing Fee. tfyouelect to make payments by check, there willbe 2 $15 processing fee by payment.
You are not required to complete this agreement merely because you have received these disclosures or signed a
borrower membership.agreement.
71 Stevenson Street, Suite S00
San Francisco, CA 94105, USA
® Copyright 2008-2046. All ights reserved. Equal Housing Lender
borrowerintent
ic_laswft02-prodDECLARATION OF VENUE
I, the undersigned, declare:
te Iam on of the attorneys for Plaintiff in this action.
2 The above-entitled action is subject to the provisions of Code of Civil
Procedure Sectica 395{b).
3. Upon information and belief, venue for this action is proper in the above-
entitled Court because at the commencement of this action, one or more of the named
Defendants resided in this Judicial District.
4, Tf called as a witness, I would competently so testify.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
SEP 07 2016
Executed on , at Sherman Oaks, California.
Law OFFICE OF Rory W. CLARK,
A PROFESSIONAL Law CORPORATION
ALIF,
Attormeys far Plaintiff
6-
COMPLAINT FOR MONEYeSignature Details
Signer ID: bZyS58bK1PudSr98EtstiFHu
Signed by: Maria Antonia Canul
Sent to email: mcanul@me.com
IP Address: 73.170.33.42
Signed at: Mar 31 2022, 6:49 pm PDT
Preview
oD Mm ND ae 0) PS) 16CV300096 Santa Clara — Civil R. Burt Fred W. Schwinn (SBN 225575) electronically filed Raeon R. Roulston (SBN 255622) by Superior Court of CA, Matthew C. Salmonsen (SBN 302854) County of Santa Clara, CONSUMER LAW CENTER, INC. on 4/20/2022 9:46 PM 38 West Santa Clara Street Reviewed By: R. Burciaga San Jose, California 95113-1806 Case #16CV300096 Telephone Number: (408) 294-6100 Envelope: 8801519 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC, Case No. 16CV300096 (Unlimited Civil Case) Plaintiff, ve Assigned for all purposes to: MARIA CANUL, The Honorable Patricia M. Lucas (Dept. 3) Defendant. MARIA ANTONIA CANUL, on behalf of REQUEST FOR JUDICIAL NOTICE IN herself and all others similarly situated, OPPOSITION TO SPECIAL MOTION TO , STRIKE FIRST AMENDED CROSS- Cross-Complainant, COMPLAINT v. Hearing Date: May 11, 2022 VELOCITY INVESTMENTS, LLC, a New | Hearing Time: 1:30 p.m. Jersey limited liability company; Hearing Dept.: 3 : VELOCITY PORTFOLIO GROUP, INC., Hearing Location: 191 North First Street a Delaware corporation; and ROES 2 San Jose, California through 10, inclusive, Cross-Defendants. Defendant/Cross-Complainant, MARIA ANTONIA CANUL, hereby requests that this Court take judicial notice, pursuant to Evidence Code § 452(d), of the following documents: 1. Declaration of Maria Antonia Canul in Support of Defendant/Cross-Complainant’s Motion for Class Certification filed on April 1, 2022, in the above-captioned case, a true and correct copy of which is attached hereto as Exhibit “1.” REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096 iagaDated: April 20, 2022 CONSUMER By: LAW CENTER, INC. Fred W. Sc Matthew C. CONSUMER 38 West Santa San Jose, Cali winn (SBN 225575) x] Raeon R. Roulston (SBN 255622) Salmonsen (SBN 302854) LAW CENTER, INC. Clara Street ornia 95113-1806 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096oD Mm ND ae 0) PS) 16CV300096 Santa Clara — Civil Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 38 West Santa Clara Street San Jose, California 95113-1806 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/1/2022 4:42 PM Reviewed By: R. Walker Case #16CV300096 Envelope: 8658523 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC, Plaintiff, Vv. MARIA CANUL, Defendant. MARIA ANTONIA CANUL, on behalf of herself and all others similarly situated, Cross-Complainant, v. VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and ROES 2 through 10, inclusive, Cross-Defendants. Case No. 16CV300096 (Unlimited Civil Case) Assigned for All Purposes to the Honorable Patricia M. Lucas (Dept. 3) DECLARATION OF MARIA ANTONIA CANUL IN SUPPORT OF DEFENDANT/CROSS-COMPLAINANT’S MOTION FOR CLASS CERTIFICATION Hearing Date: June 22, 2022 Hearing Time: 1:30 p.m. Hearing Dept.: 3 191 North First Street San Jose, California Hearing Location: I, MARIA ANTONIA CANUL, declare under penalty of perjury, under the laws of the State of California, that the following statements are true: 1. Iam the Defendant and Cross-Complainant in the above-captioned action, and I reside in Santa Clara County, California. 2. Ihave personal knowledge of the following facts, and if called as a witness, I could DECLARATION OF MARIA ANTONIA CANUL -1- Case No. 16CV300096oD Mm ND ae 0) PS) and would competently testify thereto. 3. On or about September 20, 2016, Plaintiff, VELOCITY INVESTMENTS, LLC (“VELOCITY”), filed a Complaint for Money against me in the above-captioned action, in an attempt to collect a charged-off consumer debt originally owed to WebBank. A true and accurate copy of the said Complaint for Money in this action is attached hereto, marked Exhibit “1,” and by this reference is incorporated herein. 4. The debt which VELOCITY sought to collect from me was incurred primarily for personal, family, or household purposes. Specifically, the debt was incurred to pay off other consumer purpose debts incurred from multiple personal credit cards that had high interest rates. 5. I understand that this Cross-Complaint alleges that Cross-Defendants violated the California Fair Debt Buying Practices Act, specifically, California Civil Code §§ 1788.52(b), 1788.52(d)(1), 1788.58(a)(6), 1788.58(a)(9), and 1788.58(b). On behalf of myself and all persons similarly situated, I seek declaratory judgment and statutory damages against Cross-Defendants for these violations. 6. My claims, and those of the class I seek to represent, arise from Cross-Defendants’ routine practice of filing and serving complaints, like the one filed against me, that violate California law. 7. I-understand that a class action is a lawsuit brought by one person, myself, on behalf of a group of people who have been treated in the same illegal manner by Cross-Defendants. 8. Iam willing to be a representative of the class. 9. Tunderstand: a. _ that as class representative I have the responsibility to see that the lawyers prosecute the case on behalf of the entire class, not just myself; -2- DECLARATION OF MARIA ANTONIA CANUL Case No. 16CV300096b. that I may have to testify at a deposition and/or trial and provide documents and information for use in the case; and c. that the Court must approve any settlement of this case as a class action. 10. I have arranged for my attorneys to advance all costs of this action, including notification to the class, while I remain responsible for my pro rata share of such costs. 11. Prior to its filing, I reviewed and approved the First Amended Class Action Cross- Complaint for Declaratory Relief _and Damages. My counsel have also been providing me with documentation and updates about this case on a frequent basis. I have been and will remain an active participant in this litigation. 12. [understand that courts have sometimes approved a service award to the named plaintiff for serving as the class representative, but that I am not entitled to such an award as a matter of right, and that I have not been promised or guaranteed money for being the class representative. 13. Tam not employed by, or related to, any of my attorneys, Fred W. Schwinn, Raeon R. Roulston, or Matthew C. Salmonsen. I understand that they will be paid as directed by the Court from Cross-Defendants’ assets or the funds recovered for the class, if the case is successful. Executed at San Jose, California, on March 29, 2022. ID bzySS8bK1PudSrOSEtGuFHu 2 Maria Antonia Canul Defendant/Cross-Complainant -3- DECLARATION OF MARIA ANTONIA CANUL Case No. 16CV300096ENDORSED MATTHEW J. KUMAR, ESQ. Bar No. 283521 ALI FARZIN, ESQ. Bar No. 278564 LAW OFFICE OF RORY W. CLARK, ale SEP 20 A & Su A Professional Law Corporation 14900 Magnolia Blvd. #55997 Sherman Oaks, CA 91403 Attomeys for Plaintiff Internal File No. V1500062 SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF SANTA CLARA, SANTA CLARA - "LEMITED CIVIL" VELOCITY INVESTMENTS, LLC, CASE NO, 1 6Cav 300096 ) ) Plaintifé, ) . ) COMPLAINT OR MONEY: vs. ) OPEN BOOK ACCOUNT, AND ) MONEY LENT, MARIA CANUL, ) (COMMON COUNTS), ) DECLARATION OF VENUE and DOES I through X, inclusive, } ) DEMAND AMOUNT: Defendants. ) $4,792.47 ) PURSUANT TO 15 U.S.C. §1692g AND CALIFORNIA CIVEL CODE §1788.17, UNLESS YOU, WITHIN THIRTY DAYS AFTER RECEIPT OF NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID BY THIS DEBT COLLECTOR. IF YOU NOTIFY THIS DEBT COLLECTOR IN WRITING, WITHIN THE THIRTY DAY PERIOD THAT THE DEBT OR ANY PORTION THEREOF IS DISPUTED, THIS DEBT COLLECTOR WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF A JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE MAILED TO YOU BY THIS DEBT COLLECTOR. UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY DAY PERIOD, THIS DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IFDISFERENT FROM THE CURRENT CREDITOR. -1- COMPLAINT FOR MONEYTHIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM 4 DEBT COLLECTOR. THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACF AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT REQUIRE FHAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES, COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9 P.M, THEY MAY NOT BARASS YOU BY USING THREATS OF VIOLENCE OR ARREST OR BY USING OBSCENE LANGUAGE. COLLECTORS MAY NOT USE FALSE OR MISLEADING STATEMENTS OR CALL YOU AT WORK IF THEY KNOW OR HAVE REASON TO KNOW THAT YOU MAY NOT RECEIVE PERSONAL CALLS AT WORK. FOR THE MOST PART, COLLECTORS MAY NOT TELL ANOTHER PERSON, OTHER THAN YOUR ATTORNEY OR SPOUSE, ABOUT YOUR DEBT. COLLECTORS MAY CONTACT ANOTHER PERSON TO CONFIRM YOUR LOCATION OR ENFORCE A JUDGMENT. FOR MORE INFORMATION ABOUT DEBT COLLECTION ACTIVITIES, YOUMAY CONTACT THE FEDERAL TRADE COMMISSION AT 1-877-ETC-HELP OR WWW.FTC.GOV, “packs Plaintiff, VELOCITY INVESTMENTS, LLC (“Plaintiff”) alleges against Defendants, MARIA CANUL and DOES I thre X, inclusive, (“Defendant”) as follows: L That Plaintiff is now and was at al] times mentioned a Limited Liability Company authorized to do and engaged in doing business in the State of California. 2. That Defendant is a natural person currently residing in the State of California, to whom Plaintiff's assignor extended credit. 3. That the true names and capacities, whether individual, corporate, associate, or : otherwise, of the defendants named in this action as DOES I through X, inclusive, are unknown to Plaintiff who therefore sues said defendants by such fictitious names. Plaintiff will amend this Complaint to show their true names and capacities when they bave been ascertained. Plaintiff is informed and believes and thereon alleges that each of these fictitiously named defendants is 2. COMPLAINT FOR MONEY1 || responsible in some manner for the occurrences herein alleged, and that plaintiffs damages as 2} herein alleged were proximately caused by their conduct. 2 CALIFORNIA CIVIL CODE §§1788.50-1788.64 4 4. Plaintiffon or after January 1, 2014, purchased a consumer credit account that is the 5 || basis of this action. The purchase of said debt is thereby subject to Civil Code §§1788.50-1788.64. 6 PURSUANT TO CALIFORNIA CIVIL CODE §1788.58{a): 7 (1) Plaintiffis a debt buyer. 8 (2) LENDINGCLUB CORPORATION issued and/or serviced a loan for funds on behalf of 9 || Defendant to be electronically transferred to the bank account of Defendant's choosing. Plaintiff 10 || alleges on information and belief, Defendant accessed those funds and used, or otherwise authorized 11 || its use, or the acquisition of goods, services, balance transfers, and/or other cash withdrawals. 12} During that time, Defendant had access to review and view detailed activity of the account, the 13 | balance due, any accrual of fees, interest, payments, and/or the application of each of those items for 14]| the account. Defendant then failed to make the regular payments when due thereby causing a default 15 || in the repayment of the account. Thereafter, Plaintiff then received all of the rights, titles to, and 16] interest in said credit account, 17 (3) Plaintiffis now the sole owner of the debt at issue, or has the authority to assert the rights 18 }| of all owners of the debi. 19 (4) The debt balance at charge-off was $4,792.17. Plaintiff does not seek or add any post- 20] charge-off interest or fees. 3- COMPLAINT FOR MONEY~ (6) Tne name and an address of the charge-off creditor at the time of charge-off is: LENDINGCLUB CORPORATION, 71 Stevenson St. Suite 300, San Francisco, CA 94105, The charge-off creditor's account number associated with the debt is KXX2945. (7) The name and lasi known address of the Defendant as they appeared in the charge-off creditor's records prior to the sale of the debt is: MARIA CANUL 35 S. 15TH ST. #2 SAN JOSE, CA 95112. (8) The names and addresses of all persons or entities that purchased the debt after charge- off are as follows: VELOCITY INVESTMENTS, LLC, PO BOX 788 WALL, NJ 07719. (9) Plaintiff has complied with California Civil Code § 1788.52. 5. Attached hereto and incorporated herein as Exhibit “A” is a copy of the document described in California Civil Code § 1788.52(b). FIRST CAUSE OF ACTION (Open Book Account - as to ail Defendants) 6. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 5, inclusive. 7. That within the last four years, LENDINGCLUB CORPORATION and Defendant established an Open Book Account for account number XXX2945 atising from a written agreement. Said Open Book Account reflected-all debits and credits in connection with the aforementioned account, and was kept in permanent form in the regular course of business by LENDINGCLUB CORPORATION. As of its final entry, said Open Book Account provided that Defendant was have since been posted to the subject account, leaving a total outstanding principal balance due of $4,792.17. 4. COMPLAINT FOR MONEYSECOND CAUSE OF ACTION (Money Lent - as to ali Defendants) 8. Plaintiff re-alleges and incorporates in this cause of action the allegations of Paragraphs | through 5, inclusive. a, That within the past four years, Defendant became indebted to Plaintiff's eer for money lent to Defendant at his/her specific request, and which Defendant agreed to repay. Defendant received funds from Plaintiif’s assignor, but did not repay as promised. Defendant has retained the sums rightfully belonging to Plaintiff's assignor in the amount of $4,792.17. Although demand has been made, no part of that sum has been paid except for the amount of $0.00, representing a payment or credit on said account. This results in a total outstanding principal balance due of $4,792.17, WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: AS TO ALL CAUSES OF ACTION: 1, Principal in the sum of $4,792.17; 2 Costs of suit incurred in this action; and a Such other and further relief as the Court may deem proper. Law OFFICE OF RORY W. CLarK, A PROFESSIONAL Law CORPORATION 5- COMPLAINT FOR MONEYis websita does not support this version of internet Explorer. Plaase upgrade to the latest version for a eller experience. Uporade * View Full Site © lovesting . 2 IS © How Works: * AboutUs Truth in Lending Disclosure Truth in Lending Disclosure Statement Lender WebBank 6440 South Wasatch Boulevard Suita 300 SaltLake City, UT 84121 Borrower Maria CANUL 35s. 15th st 22 San Jose, CA $5112 Annual Percentage Rate ‘The cost of your eredit as a yearly rata 12.58% Finance Charge The dollar amount the credit vill cost you $2,964(e) Amount Financed The amount of credit provided io you or on your beat $14,400(e} Total of Payments Tae amount you will have pad when you have made all scheduled payments $17,364(2} Your payment schedule will be as follows: Numberof Amount Winen payments are due payments (e) 45 $482.32 First paymentis due on 7/12/12, and each subsequent paymentis due monthly thereafter on the same “32 davof each month $482.80._tast paymentis due on 6/42/15 ‘Payment arives aller your 15 day arace period, you wil ba chatgéd alae fee eat fo ths greater of 5.00% of the late payment amount or $15. This fee is chargad only once per late payment. Prepayment poticy: # you pay off your joan in advance, you will not be charged a penalty. In the event of a prepaymeni, you will nat be entitled to a refund of any pre-pald finance charges or other fees, See your borrower membership and foan agreements for any additional information about nonpayment, default, or other matters related to your joan. (©) means estimate FYHIRIT Aitems marked (e} will decrease If you receive fess than 100% funding. Regardless of the ultimate amount of the loan, your APR will not change. Subject to your right to cancel, any unsecured loan will issue if it is at least 60% funded by the end of the listing period. Tolal Amount Requested: $15,000.00 LendingClub Fees: $600,00 Total Amount Recelved: $14,490.00 Unsuccessful payment fee, When @ payment fails ard is rejected by your bank, you wit be charged an Unsuccessful Payment Fee of 315 to covar the cost Lending Club incurs on the transaction. Each attempt to collect a monthly payment is considered a separate transaction, so an Unsuccessiul Payment Fee willbe assessed for each falled aitempt. Check Processing Fee. tfyouelect to make payments by check, there willbe 2 $15 processing fee by payment. You are not required to complete this agreement merely because you have received these disclosures or signed a borrower membership.agreement. 71 Stevenson Street, Suite S00 San Francisco, CA 94105, USA ® Copyright 2008-2046. All ights reserved. Equal Housing Lender borrowerintent ic_laswft02-prodDECLARATION OF VENUE I, the undersigned, declare: te Iam on of the attorneys for Plaintiff in this action. 2 The above-entitled action is subject to the provisions of Code of Civil Procedure Sectica 395{b). 3. Upon information and belief, venue for this action is proper in the above- entitled Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District. 4, Tf called as a witness, I would competently so testify. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SEP 07 2016 Executed on , at Sherman Oaks, California. Law OFFICE OF Rory W. CLARK, A PROFESSIONAL Law CORPORATION ALIF, Attormeys far Plaintiff 6- COMPLAINT FOR MONEYeSignature Details Signer ID: bZyS58bK1PudSr98EtstiFHu Signed by: Maria Antonia Canul Sent to email: mcanul@me.com IP Address: 73.170.33.42 Signed at: Mar 31 2022, 6:49 pm PDT