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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
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 8/24/2022 5:19 PM
Reviewed By: R. Walker
Case #16CV300096
Envelope: 9799754
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,
Case No. 16CV300096
(Unlimited Civil Case)
Assigned for All Purposes to the
Honorable Patricia M. Lucas (Dept. 3)
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANT/CROSS-
. COMPLAINANT’S MOTION FOR CLASS
Cross-Complainant,
CERTIFICATION
v. Hearing Date: August 31, 2022
VELOCITY INVESTMENTS, LLC, a New Hearing Time: 1:30 p.m.
Jersey limited liability company; VELOCITY Hearing Dept.: 3
191 North First Street
San Jose, California
PORTFOLIO GROUP, INC., a Delaware Hearing Location:
corporation; and ROES 2 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:
CLASS CASES PROSECUTED BY CONSUMER LAW CENTER, INC.
1. Complaint filed on September 20, 2016, in the Superior Court of California, County
of Santa Clara, in the case captioned Velocity Investments, LLC v. Maria Canul, Superior Court of
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REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096oD Mm ND
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California, County of Santa Clara, Case No. 16CV300096, a true and correct copy of which is attached
hereto as Exhibit “1.”
2. Complaint filed on December 10, 2018, in the Superior Court of California, County
of Santa Clara, in the case captioned Velocity Investments, LLC v. Eva Pascual, and assigned Case No.
18CV338986, a true and correct copy of which is attached hereto as Exhibit “2.”
3. Complaint filed on September 10, 2020, in the Superior Court of California, County
of Santa Clara, in the case captioned Velocity Investments, LLC v. Farrah Sipin, and assigned Case No.
20CV370503, a true and correct copy of which is attached hereto as Exhibit “3.”
4. Complaint filed on October 24, 2019, in the Superior Court of California, County of
Santa Clara, in the case captioned Velocity Investments, LLC v. Sanjay Jayawardena, and assigned Case
No. 19CV357372, a true and correct copy of which is attached hereto as Exhibit “4.”
5. Complaint filed on November 18, 2019, in the Superior Court of California, County
of San Joaquin, in the case captioned Velocity Investments, LLC v. Thong Nguyen, and assigned Case
No. STK-CV-UCC-2019-15406 (was STK-CV-LCCR-2019-15406), a true and correct copy of which is
attached hereto as Exhibit “5.”
REPRESENTATIVE CASES IN CANUL CLASS
6. Complaint filed on May 4, 2018, in the Superior Court of California, County of
Santa Clara, in the case captioned Velocity Investments, LLC v. Hassan Fallahadl, and assigned Case
No. 18CV327715, a true and correct copy of which is attached hereto as Exhibit “6.”
7. Complaint filed on February 4, 2019, in the Superior Court of California, County of
Fresno, in the case captioned Velocity Investments, LLC v. Encarnacion Patlan, and assigned Case No.
19CECLO01335, a true and correct copy of which is attached hereto as Exhibit “7.”
8. Complaint filed on February 21, 2019, in the Superior Court of California, County
REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096of San Mateo, in the case captioned Velocity Investments, LLC v. Sadegh Sadeghian, and assigned Case
No. 19-CLJ-01328, a true and correct copy of which is attached hereto as Exhibit “8.”
9. Complaint filed on February 4, 2019, in the Superior Court of California, County of
Santa Clara, in the case captioned Velocity Investments, LLC v. John Atchison, and assigned Case No.
19CV342352, a true and correct copy of which is attached hereto as Exhibit “9.”
REPRESENTATIVE CASES IN PASCUAL CLASS
10. Complaint filed on May 4, 2018, in the Superior Court of California, County of
Santa Clara, in the case captioned Velocity Investments, LLC v. Ahmed Dhia, and assigned Case No.
18CV327719, a true and correct copy of which is attached hereto as Exhibit “10.”
11. Complaint filed on February 4, 2019, in the Superior Court of California, County
of Fresno, in the case captioned Velocity Investments, LLC v. Eligio Cubangbang, and assigned Case
No. 19CECL01319, a true and correct copy of which is attached hereto as Exhibit “11.”
12. Complaint filed on February 20, 2019, in the Superior Court of California, County
of Fresno, in the case captioned Velocity Investments, LLC v. Homero Silva, and assigned Case No.
19CECL01867, a true and correct copy of which is attached hereto as Exhibit “12.”
CONSUMER LAW CENTER, INC.
Dated: August 24, 2022 By:
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
Email Address: fred.schwinn@sjconsumerlaw.com
x!
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
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REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096ENDORSED
MATTHEW J. KUMAR, ESQ. Bar No. 283521
ALI FARZIN, ESQ. Bar No. 278564
LAW OFFICE OF RORY W. CLARK, ml SEP 20 A 8 5u
A Professional Law Corporation
14900 Magnolia Blyd. #55997
Sherman Oaks, CA 91403
Attorneys for Plaintiff
Internal File No. V1500062
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA, SANTA CLARA - "LIMITED CIVIL"
VELOCITY INVESTMENTS, LLC, ; CASE NO. L6CV300096
Plaintiff, ) .
) 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. ) $4,792.27
)
)
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 YALID BY THIS DEBT
COLLECTOR. IF YOU NOTH'Y 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, IF DIFFERENT FROM THE CURRENT CREDITOR.
eS
COMPLAINT FOR MONEY SCTETHIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY
INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS
COMMUNICATION IS FROM A DEBT COLLECTOR.
THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT
AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT
REQUIRE THAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES,
COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9
P.M. THEY MAY NOT HARASS 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, YOU MAY CONTACT THE FEDERAL TRADE
COMMISSION AT 1-877-FTC-HELP OR WWW.FTC.GOV,
eseseestiet
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.
Z That Defendant is a natural person currently residing in the State of California, to
whom Plaintiff's assignor extended credit.
on 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 have been ascertained. Plaintiff is
informed and believes and thereon alleges that each of these fictitiously named defendants is
2.
COMPLAINT FOR MONEY24
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responsible in some manner for the occurrences herein alleged, and that plaintiffs damages as
herein alleged were proximately caused by their conduct.
CALIFORNIA CIVIL CODE §§1788.50-1788.64
4. Plaintiff on or after January 1, 2014, purchased a consumer credit account that is the
basis of this action. The purchase of said debt is thereby subject to Civil Code $§1788.50-1788.64.
PURSUANT TO CALIFORNIA CIVIL CODE §1788.58{a}:
(1) Plaintiff is a debt buyer.
(2) LENDINGCLUB CORPORATION issued and/or serviced a loan for funds on behalfof
Defendant to be electronically transferred to the bank account of Defendant's choosing. Plaintiff
alleges on information and belief, Defendant accessed those funds and used, or otherwise authorized
its use, for the acquisition of goods, services, balance transfers, and/or other cash withdrawals.
During that time, Defendant had access to review and view detailed aciivity of the account, the
balance due, any accrual of fees, interest, payments, and/or the application of each of those items for
the account. Defendant then failed to make the regular payments when due thereby causing a default
in the repayment of the account. Thereafter, Plaintiff then received all of the rights, titles to, and
interest in said credit account.
(3) Plaintiffis now the sole owner of the debt at issue, or has the authority to assert the rights
of all owners of the debi.
(4) The debt balance at charge-off was $4,792.17. Plaintiff does not seek or add any post-
charge-off interest or fees.
athe-date-ofthe lasts
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COMPLAINT FOR MONEY22
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(6) The 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 Jasi 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. ISTH 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.
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 | through 5, inclusive.
i That within the last four years, LENDINGCLUB CORPORATION and Defendant
established an Open Book Account for accountnumber XXX2945 arising 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.
ae
COMPLAINT FOR MONEYoO}
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SECOND CAUSE OF ACTION
@Qvioney Lent - as to all Defendants)
8. Plaintiff re-alleges and incorporates in this cause of action the allegations of
Paragrapits | through 5, inclusive.
9 That within the past four years, Defendant became indebted to Plaintiff's
assignor for money lentto Defendant at his/her specific request, and which Defendant agreed
to repay. Defendant received funds from Plaintiff'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:
LE 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 OFRICE OF Rory W. CrarK,
A PROFESSIONAL LAW CORPORATION
ALIF,
Attorneys for Plaintiff
Se
COMPLAINT FOR MONEYThis websita does not supoort his versicn of htemet Explorer. Please upgrade ta the latest version for a besller experience. Unorade
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+ Personaj Loans
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* AboutUs.
Truth in Lending Disclosure
Truth in Lending Disclosure Statement
Lender
WebBank
6440 South Wasatch Boulevard
Suits 300
SaktLake City, UT84121
Borrower
Maria CANUL
35s, 15th st #2
San Jose, CA 95112
Annual Percentage Rate
‘The cost of your credit as a yearly rate
12.58%
Finance Charge
‘The dollar amount the credit vill cost you
$2,964{e)
Amount Financed
The amount of credit grovided to you or cn your beat
$14,400(e}
Total of Payments
The amount you will have oald when you have made all scheduled payments
$17,364(e)
Your payment schedule will be as follows:
Numberof — Amount
payments (e)
ie $482.32 Fitstpaymentis due on 7/12/12, and each subsequent payment is dus monthly thereafter on the sarne
dayof each monlh
$482.80. Last paymentis due on 61245
When payments are due
A,
Late chaiges: IF your payment artives aller your 15 day grace period, you wilf be chatged a late fee equal fo tha greater of
5.00% of ths late payment amoun| or $15. This fee is chargad only ence per late payment.
Prepayment poticy: # you pay off your loan in advarce, you will not be charged a penalty. In the event of 2 prepayment, you will
nat be entitled to a refund of any pre-paid financa charges or other fees,
See your borrower membership and loan agreements for any additional information about nonpayment, default, or
other matters related fo your loan.
(2) 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 tis at least 60% funded by the end
of the listing period,
Total Amount Requested: $15,000.00
LendirgClub Fees: $600.00
Total Amount Received: $14,400.00
Unsuccessful payment fee. When 2 payment feils ard is rejected by your bank, you wit be charged en Unsuccessful Payment Fee of
$15 to cover the cost Lending Club incurs on the transaction.
Each attempt to collect 2 monthly payment is considered a separate transaction, so an Unsuccessiul Payment Fee willbe essessed
for each falled attempt.
‘Check Processing Fee. Ifyou elect fo make paymants by check, ihare will be 2 $15 processing fee by payment.
You ara not required to complete this agreement merely because you have received these disclosures or signed a
borrower membership agreement.
71 Stevenson Street, Suite 300
San Francisco, CA 94105, USA
© Copyright 2008-2015. All rights reserves. Equal Housing Lender
borroweritent
te_laswt02-prodDECLARATION OF VENUE
J, the undersigned, declare:
L lam on of the attorneys for Plaintiff in this action.
2, The above-entitled action is subject to the provisions of Code of Civil
Procedure Section 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, ff called as a witness, I would competently so testify.
[ declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
SEP 07 2006:
Executed on , at Sherman Oaks, California.
Law OFFICE OF Rory W. CLARK,
A PROFESSIONAL LAW CORPORATION
ALIFE,
Attormeys fdr Plaintiff
n6e
COMPLAINT FOR MONEYCo IN DA YW
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MATTHEW J. KUMAR, ESQ. Bar No. 283521
ALI FARZIN, ESQ. Bar No. 278564
SALUMEH FARSHIDPANAH, ESQ. Bar No. 321445
FARMAR LAW GROUP, PC
14900 Magnolia Blvd. #55997
Sherman Oaks, CA 91403
Phone: (888) 700-4774 Fax: (888) 625-2445
Attorneys for Plaintiff
Internal File No. V1800363
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA, SANTA CLARA - "LIMITED CIVIL"
VELOCITY INVESTMENTS, LLC CASE NO.
Plaintiff,
COMPLAINT FOR MONEY:
vs. OPEN BOOK ACCOUNT, AND
MONEY LENT,
EVA PASCUAL (COMMON COUNTS);
DECLARATION OF VENUE
and DOES I through X, inclusive,
DEMAND AMOUNT:
Defendants. $14,635.82
SSS SSS SS SD
PURSUANT TO 15 U.S.C. §1692g AND CALIFORNIA CIVIL 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, IF DIFFERENT FROM THE CURRENT CREDITOR.
-1-
COMPLAINT FOR MONEY
(>.4a leioe IN DH BW NY LE
yoy RY Yee Be Be ee ee ee
BF REBRF SSC REWIARESS AS
THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY
INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS
COMMUNICATION IS FROM A DEBT COLLECTOR.
THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT.
AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT
. REQUIRE THAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES,
COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9
P.M. THEY MAY NOT HARASS 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, YOU MAY CONTACT THE FEDERAL TRADE
COMMISSION AT 1-877-FTC-HELP OR WWW.FTC.GOV.
sero
Plaintiff, VELOCITY INVESTMENTS, LLC (“Plaintiff”) alleges against Defendants, EVA
PASCUAL and DOES I thru X, inclusive, (“Defendant”) as follows:
1. That Plaintiff is now and was at all 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.
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 have been ascertained. Plaintiff is
informed and believes and thereon alleges that each of these fictitiously named defendants is
responsible in some manner for the occurrences herein alleged, and that plaintiff's damages as
herein alleged were proximately caused by their conduct.
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COMPLAINT FOR MONEYCALIFORNIA CIVIL CODE §§1788.50-1788.64
4. On or after January 1, 2014, Plaintiff purchased the consumer credit account that is the
basis of this action. The collection of said debt is therefore subject to Civil Code §§1788.50-1788.64.
PURSUANT TO CALIFORNIA CIVIL CODE §1788.58(a):
(1) Plaintiff is a debt buyer.
(2) PROSPER FUNDING LLC issued and/or serviced a loan of money to Defendant, which
funds were electronically transferred to the bank account of Defendant's choosing. Plaintiff alleges
on information and belief that Defendant accessed and used those funds, or otherwise authorized
their use, for the acquisition of goods, services, balance transfers, and/or other cash withdrawals.
During that time, Defendant had access to review detailed activity of the account, including the
balance due, any accrual of fees or interest, payments due and received, and the application of each
of those items to the account. Defendant then failed to make the regular payments when due, thereby
causing a default in the repayment of the account. Thereafter, Plaintiff received all of the rights, title
to, and interest in said account.
(3) Plaintiff is now the sole owner of the debt at issue, or has the authority to assert the
rights of all owners of the debt.
(4) The debt balance at charge-off was $14,635.82, comprised of $13,489.33 principal,
$1,035.41 accrued interest, and $111.08 in fees. Plaintiff has not added and does not seek any post-
charge-off interest or fees.
(5) The date of the last payment prior to charge-off was on or about November 4, 2016.
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COMPLAINT FOR MONEYBm
C0 mY DA BR ww
(6) The name and an address of the charge-off creditor at the time of charge-off is:
PROSPER FUNDING LLC, 101 SECOND STREET, 15TH FLOOR, SAN FRANCISCO, CA
94105. The charge-off creditor's account number associated with the debt is XX0267.
(7) The name and last known address of the Defendant as they appeared in the charge-off
creditor's records prior to the sale of the debt is: EVA PASCUAL, 4175 ARPEGGIO AVE SAN
| JOSE, CA 95136.
(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 all 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, PROSPER FUNDING LLC and Defendant
established an Open Book Account for account number XX0267 arising 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 PROSPER FUNDING
LLC. As of its final entry, said Open Book Account provided that Defendant was indebted to
Plaintiff’s assignor in the sum of $14,635.82. Payments/credits in the amount of $0.00 have since
been posted to the subject account, leaving a total outstanding balance of $14,635.82.
4.
COMPLAINT FOR MONEYSECOND CAUSE OF ACTION
(Money Lent - as to all Defendants)
8. Plaintiff re-alleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 5, inclusive.
9. That within the past four years, Defendant-became indebted to Plaintiff's assignor
for money lent to Defendant at his/her specific request, and which Defendant agreed to repay.
Defendant received funds from Plaintiff's assignor, but did not repay as promised. Defendant has
retained the sums rightfully belonging to Plaintiff’s assignor in the amount of $14,635.82. 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 balance of
$14,635.82.
WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows:
AS TO ALL CAUSES OF ACTION:
1, Money damages in the sum of $14,635.82;
2. Costs of suit incurred in this action; and
3. Such other and further relief as the Court may deem proper.
FARMAR LAW GROUP,
[ ] MATTHEW J. KUMAR, ESQ.
‘ALI FARZIN, ESQ.
[ ] SALUMEH FARSHIDPANAH, ESQ.
Attorneys for Plaintiff
5.
COMPLAINT FOR MONEYLoan Truth in Lending Disclosure PROSPER
Truth in Lending Disclosure Statement (final)
Provided on 23-May-2016 for listing #4947611
Lender: Borrower:
bBank
DS South State Street BVA PASCUAL
ee , 4175 ARPEGGIO AVE HB earns s
SAN JOSE, CA 95136
. \Total of Payments
FINANCE CHARGE = [A™0unt Financed
|The amount you will have
‘he dollar amount the paid after you have made
redit will cost you. behalf lall payments as scheduled.
The amount of credit
The cost of your credit as
fa yearly rate.
$5,748.42
23.51% $14,250.00 $19,998.42
|Your payment schedule will be:
lumber of payments Amount of payments When payments are due
35 $555.39 Monthly beginning Jun-25-2016
1 $559.77 Final payment May-25-2019
|Late Charge: If a payment is late, you will be charged the greater of 5.00% of the unpaid installment
mount, or $15.
Prepayment: If you pay off early, you will not have to pay a penalty, and you will not be entitled to a refund!
lof any prepaid finance charge.
See your contract documents for any additional information about nonpayment, default, any required
repayment in full before the scheduled date, and prepayment.
Itemization of the Amount Financed of $14,250.00:
$14,250.00 given to you directly.
een Y EXHIBIT
$750.00 Prepaid Finance Charge ACo md DwW BF WY
S
DECLARATION OF VENUE
I, the undersigned, declare:
1. Tam one of the. attorneys for Plaintiff in this action.
2. This action is subject to the provisions of Code of Civil Procedure § 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, If called as a witness, I would competently so testify.
Ideclare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on NOV 2.0 2018 , at Sherman Oaks, California.
FARMAR LAW GROUP, PC
[ ] MATTHEW. KUMAR, ESQ.
JAALIFARZIN, ESQ.
[ ] SALUMEH FARSHIDPANAH, ESQ.
Attorneys for Plaintiff
-6-
COMPLAINT FOR MONEYE-FILED
9/10/2020 9:32 AM
BRYANT BURNSTAD, SBN 297286 Clerk of Court
RESURGENCE LEGAL GROUP, PC Superior Court of CA,
10805 Holder Street, Suite 167 County of Santa Clara
Cypress, CA 90630 20CV370503
(T) 877/440-0860 (F) 714/226-0024 Reviewed By: M Vu
EMAIL: CAAttorney@ResurgenceLegal.com
Refer to File Number: TP099745
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA, DOWNTOWN JUDICIAL DISTRICT
DOWNTOWN COURTHOUSE
VELOCITY INVESTMENTS LLC, ) CASENO, 20CV370503
)
Plaintiff, ) COMPLAINT FOR MONEY
)
v. ) 1. Account Stated
) 2. Open Book Account
FARRAH SIPIN, ) 3. Indebtedness
and DOES 1 through 15 inclusive, )
) Limited Jurisdiction
Defendant(s). ) [Demand Amount: $6,958.12]
)
; (>.45 Tine
)
)
GENERAL ALLEGATIONS
1. At all times mentioned herein, Plaintiff VELOCITY INVESTMENTS LLC 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 CONSUMER LOAN
UNDERLYING BOND CLUB CERTIFICATE ISSUER TRUST I SERVICED BY LENDING CLUB,
and is qualified to conduct business in the State of California. Plaintiff is a debt buyer and sole owner
of account.
2 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.
L
‘COMPLAINT FOR MONEY
o
K
=
o
*3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this
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 line of credit (the "Account") from the original
credit issuer. Thereafter, said request was accepted and credit was extended to Defendant(s).
6. Defendant(s) incurred this debt by defaulting on the Contract by failing to pay the agreed upon
payments. A copy of the Contract is attached as Exhibit "A" and incorporated by reference to this
complaint.
7. The charge-off creditor was CONSUMER LOAN UNDERLYING BOND CLUB
CERTIFICATE ISSUER TRUST I SERVICED BY LENDING CLUB, 71 STEVENSON STREET
SUITE 300 SAN FRANCISCO CA 94105 and account number at time of charge-off was *****1628.
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 FARRAH SIPIN, 1266 N HILLVIEW DR, MILPITAS CA 95035.
2
‘COMPLAINT FOR MONEY9. The names and addresses of all persons or entities that purchased or were assigned the debt after
charge-off are:
Name Address
VELOCITY INVESTMENTS LLC PO BOX 788, WALL, NJ 07719
Attached hereto collectively as Exhibit "B" are true and correct copies of said transfers and are
incorporated herein by reference.
10. Plaintiff has complied with California Civil Code section 1788.52.
11. | Defendant(s), and each of them, defaulted on the account by failing to make payments since on
or about October 4, 2018, 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.
12. The balance at charge-off was $6,958.12. 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.
13. Demand has been made on Defendant(s), and each of them, for the payment of $6,958.12 due.
FIRST CAUSE OF ACTION
(Account Stated)
14. Plaintiff refers to Paragraphs 1 through 13, and by this reference incorporates the same herein
as though fully set forth.
15. 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 $6,958.12. Plaintiffis the current holder and assignee
of the Account.
SECOND CAUSE OF ACTION
(Open Book Account)
16. Plaintiff refers to Paragraphs 1 through 15, and by this reference incorporates the same herein
as though fully set forth.
17. Within the last four years, Defendant(s), and each of them, became indebted to the charge-off
creditor on an open book account for $6,958.12 due. The open book account reflected all the credits
3
‘COMPLAINT FOR MONEYand 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)
18. Plaintiff refers to Paragraphs 1 through 17, inclusive of the First Cause of Action, and by this
teference 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:
. For the sum of $6,958.12;
. For costs of suit incurred herein; and,
. For such other further relief as the Court may deem just and proper.
RESURGENCE, ‘AL GROUP, PC
By:
WBRYANT BURNSTAD, SBN 297286
DATED: August 26, 2020
Attorney for Plaintiff
4
‘COMPLAINT FOR MONEYThis is a copy of an authoritative document
LOAN SUMMARY
Loan Id: hs 28
Primary Borrower Contact Information
Full Real Name: FARRAH SIPIN
Screen Name
Email:
Address: iMlview Dr
Milpitas, CA 95035
OFT OF
Home Phone:
Cell or Work Phone:
Loan Information
Loan Issue Date:
Original Loan Amount
Principle Balance:
Principle Balance Date: 4/2119
Loan Documents
Document Name Date/time Document Version
Signed
Borrower Agreement 8/29/18 05:49:20 AM PDT LC_SEC_V26
Credit Score Notice 8/29/18 05:49:20 AM PDT LC_SEC_V4
Hi
DOCVPIEN:
The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 02 2019 08:01:19This is a copy of an authoritative document
Borrower Agreement
(January 2018)
The following Borrower Agreement (“Agreement”) is between you ("you" and "your" mean each and every borrower, including any joint
applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," or “us"). This Agreement governs the process by which you
may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other
application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation (“LendingClub"). Ifyou make a loan
request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan
Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version
in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed
by the terms of the document then in eflect. This Agreement will remain in effect for the applicable loan, and will terminale if your loan request
is cancelled, withdrawn, or dg
IESE TERMS.
a facilitated through the Site. When
you make a request, you agree ta Peseive\ahsLtime request, subject to your right to
cancel the request before closing aS Wes cribScr L ay the money provided by us to
you and to abide by the terms of this Agreement, the Loan Agreement and Promissory Note, and all other agreements or disclosures
provided to you during the loan process and which may be found in your LendingClub account. Any dispute with us, LendingClub of any
subsequent holder of the Loan Agreement and Promissory Note will be resolved by binding arbitration, subject to your right to opt oul as set
forth below. Each loan request is subject to our credit criteria in effect al the time of your loan request.
pyalic
acknowledge that an Investor's commitment to invest in all or a portion of your loan does not confer any rights to you or obligate us to issue
your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendingClub may also choose to
invest in all or part of your loan request, but is not obligated to do so.
We may elect in our sole discretion to give you a partial funding option, if necessary, which means: your loan will be issued if it receives
commitments tq
Xs y OR (2) THAT
YOU WILL RECEIVE A\s A .
No later than titi} aft A i i orovs will ibgue for bdme or all of your
Tequested amountoré ¢ i Nn thdotarketplake for at least
fourteen (14) days, subject lo investor interest. Il may take up to forty-five (45) days lo process and issue your loan. If al any point, you no
longer want a loan under your pending loan request, you must notify us in writing of your election to terminate your loan request sufficiently
far in advance of the loan closing for us to cancel the loan
4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and
Promissory Nole, each of which is provided lo you and placed into the on-line account you established upon registration. You agree and
acknowledge thal the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal
balance of the loan issued and your selected payment oplion (check or Aulomated Clearing House ("ACH"). Opting to pay by check will
result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term slated
in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal
and interest, are set forth in tne Loan Agreement and Promissory Note. Other fees and terms of the loan will also be set forth in the Loan
Agreement and Promissory Note.
5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do nol need to disclose alimony,
child support or separate maintenance income if you do not wish to have it considered as a basis for repaying a loan. You agree and
acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by,
information provided through a third party, or by other proof, Additionally, by proceeding with the application, you consent to our use of any
information provided by you or provided through any third party, for any lawtul purpose, including but not limited to identity verification, fraud
prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by
The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 29 2018 12:49:20This is a copy of an authoritative document
us. Furthermore, we may terminate consideration of your application at any time in our sole discretion.
6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing.
As a condition to receiving a loan from us, you hereby grant to LendingClub a limited power of attorney and appoint them and/or their
designees as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name,
place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory Note(s) in the form attached as
Exhibit A that rellect- the accepted terms sel forth in each of your final Truth in Lending Disclosure(s) as such may be posted fom time to
time in response to your loan request(s) in the on-line account you have established with LendingClub where documents are stored and
with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such
power as fully to all intents and purposes as you might or could do in person ("Power of Attorney“). This Power of Attorney is limited solely
to the purpose described above and will expire automatically upon the termination of this Borrower Agreement. You may revoke this Power of
Attorney by contacting us at support@lendingclub.com or calling 888-596-3157 and closing your account with us: provided, however, ifa
loan request has been approved you to your Designated Account and
before the Loan Agreement ang-Pren are-Premissory Note is signed by
receiving a loan from us.
Ifyou choose to revoke this Power of Attorney prior to execution, we will be unable to proceed with your loan request and your pending loan
request will be considered withdrawn, your account closed, and you may be prohibited from posting additional qualifying loan requests in the
future in our discretion,
You may cancel your application without any fee or penally prior to funding of the loan, as long as you provide us with sufficient advance
UNDERSTANDING IN UNDERTAKING THE POTENTIALISSUANCE OF YOUR LOAN.
YOU MAY CANCEL THE LOAN AGREEMENT AND PROMISSORY NOTE AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER.
THE LOAN HAS FUNDED. IF YOU DECIDE TO CANCEL, ALLLOAN PROCEEDS, LESS THE ORIGINATION FEE, WILL BE WITHDRAWN
FROM YOUR ACCOUNT IN THE NEXT 5-7 BUSINESS DAYS. IF LENDINGCLUB CAN'T WITHDRAW THE FULLAMOUNT FROM YOUR
BANK ACCOUNT, YOU'LL STILL BE RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE BORROWER AGREEMENT,
LOAN AGREE! AY | Any REES || S D
PRINCIPAL OF . ANCH fOMIBSAR? EB (TACTING|US AT
SUPPORT @LH .
FOR BALANCI A DEUVER LOAN PROCEEDS To ACCOUNTS:
("DIRECTED A Dl 8) ECOVAR|THESE RUNDS.
LENDINGCLUB WILL ATTEMPT TO WITHDRAW AN AMOUNT EQUAL TO YOUR LOAN PROCEEDS LESS THE ORIGINATION FEE
WITHIN 5-7 DAYS FOLLOWING YOUR REQUEST TO CANCEL. IF LENDINGCLUB IS UNABLE TO WITHDRAW SUCH AMOUNT, YOU WILL
REMAIN RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE BORROWER AGREEMENT, LOAN AGREEMENT AND
PROMISSORY NOTE.
&. Military Lending Act. Federal law provides important protections to members of the Armed Forces and their dependents relating to
extensions of consumer credit. In general, the cost of consumer credit to a member ofthe Armed Forces and his or her dependent may not
exceed an annual percentage rate of 36 percent, This rate must include, as applicable to the credit transaction or account: the costs
associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee
charged (other than certain application fees for specified credit lransactions or accounts); and any participation fee charged (other than
certain parlicipation fees for a credit card account). Federal law requires thal you receive a clear descriplion of your required payments.
Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over
the telephone, call the following toll-free number (844) 538-6754.
9. Servicing by LendingClub. You acknowledge and agree thal LendingClub may provide services to us in connection with evaluating
your loan requests, and all other aspects of your relationship with us. LendingClub will also act as the servicer of any loan that you obtain,
LendingClub may delegate servicing to another entity in its sole discretion without notice.
10. Other Borrower Agreements; Use of Loan Proceeds. You agfee that you (A) are a US citizen, permanent resident or non-
permanent resident alien in the United States on a valid long term visa; (8) will not, in connection with your loan request: (i) make any false,
The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 29 2018 12:49:20This is a copy of an authoritative document
misleading or deceptive statements or omissions of fact in your listing, including but not limited to your loan description; {ii) misrepresent
your identity, or describe, present or portray yourself as a person ather than yourself: (ii) give to or receive from, or offer or agree to give to
or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in
accordance with the terms of your loan; {iv) represent yourself to any person, as a representative, employee, or agent of ours, or purport to
speak to any person on our behalf, (v) use any of the loan proceeds to fund any posl-secondary educational expenses, including, but not
limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or {vi) use any of the loan proceeds to fund any illegal
activily or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any of the loan proceeds for the purpose
of purchasing or carrying any securities; (vii) use any of the loan proceeds for tne purpose of investing, trading, or speculating in any
currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof, or {ix) use the Site to
request or obtain a loan for someone other than yourself and (C) that you have all necessary consents, permissions, acknowedgements or
agreements from all joint applicants/co-borrowers and we may rely upon this agreement without any investigation or verification. You further
acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information
you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use
or any other agreement entered into with us or LendingClub, we may lerminale your loan request and cancel this Agreement immediately.
11. Liability of the Borr é jjoint applicant/co-borrower
under this Agreement and lis in addi ib ligulof the obligations of the primary
borrower. The joint applicani
Promissory Note and any othe
We and our successors and assigns have sole discretion to proceed, at any time, against any party responsible under this Agreement.
Further, we can accept instructions from either you or the joint applicant/co-borrower, and notice can be given to either you or the joint
applicant/co-borrower, and shall be binding on both and deemed received by all parties.
12. TCPAConsent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS.
messages {including text messages) from us, our agents, representatives, affiliates, or anyone calling on our benalf, you expressly consent
anit} tatives; afflia i qs
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and
autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us,
or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or
questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have
provided to us a e
quality monitoria
13. Assignment;
Note, or any of our rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any lime. You further
understand, acknowledge and agree thal LendingClub or another third party may further sell, assign or transfer your Loan Agreement and
Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note without your
consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate
your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer,
sublicense or delegation in violation of this section 13 shall be null and void.
egistration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory
You hereby appoint LendingClub as your agent (in such capacily, the "Note Registrar’) for the purpose of maintaining a book-entry system
{the "Register’) for recording ine names and addresses of any owner of beneficial interests in this Note (the "Note Owners") and the
principal amounts and interest on this Note owing to each pursuant to the terms hereof from time to time. The person or persons identified
as the Note Owners in the Register shall be treated as the owner(s) of this Note for purposes of receiving payment of principal and interest
on such Note and for all other purposes. With respect to any transfer by a Note Owmer of its beneficial interest in this Note, the right to
payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register.
We may terminate this Agreement and your ability to make loan requests at any time. If you committed fraud or made a misrepresentation in
connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to
abide by the terms of this Agreement, we will have all remedies authorized or permitted by this Agreement and applicable law
The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 29 2018 12:49:20This is a copy of an authoritative document
14. Entire Agreement. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the
entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications,
promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan. The WebBank Privacy
Notice attached as Exhibit B is incorporated by reference into this Agreement.
15. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND.
DISCLOSURES, WHICH CONSENT |S SET FORTH IN THE TERMS OF USE FOR THE SITE.
16. Notices. All nolices and other communicalions to you hereunder may be given by email to your registered email address or posted on
your Account Summary on the Site, and shall be deemed to have been duly given and efleclive upon transmission. You acknowledge thal
you have control of such email account and your Account Summary on the Site and that communications from us may contain sensitive,
confidential, and collectionsrelated communications. If your registered email address changes, you must notify LendingClub ofthe change:
by sending an email to support@lendingelub.com or calling 888-596-3157. You also agree to update your registered residence address and
telephone number on the Site if they change
17. NO WARRANTIES. Ex‘
WARRANTIES TO YOU, IN
PARTICULAR
Preview
oD 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 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/24/2022 5:19 PM Reviewed By: R. Walker Case #16CV300096 Envelope: 9799754 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, Case No. 16CV300096 (Unlimited Civil Case) Assigned for All Purposes to the Honorable Patricia M. Lucas (Dept. 3) REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT/CROSS- . COMPLAINANT’S MOTION FOR CLASS Cross-Complainant, CERTIFICATION v. Hearing Date: August 31, 2022 VELOCITY INVESTMENTS, LLC, a New Hearing Time: 1:30 p.m. Jersey limited liability company; VELOCITY Hearing Dept.: 3 191 North First Street San Jose, California PORTFOLIO GROUP, INC., a Delaware Hearing Location: corporation; and ROES 2 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: CLASS CASES PROSECUTED BY CONSUMER LAW CENTER, INC. 1. Complaint filed on September 20, 2016, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. Maria Canul, Superior Court of -1- REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096oD Mm ND ae 0) PS) California, County of Santa Clara, Case No. 16CV300096, a true and correct copy of which is attached hereto as Exhibit “1.” 2. Complaint filed on December 10, 2018, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. Eva Pascual, and assigned Case No. 18CV338986, a true and correct copy of which is attached hereto as Exhibit “2.” 3. Complaint filed on September 10, 2020, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. Farrah Sipin, and assigned Case No. 20CV370503, a true and correct copy of which is attached hereto as Exhibit “3.” 4. Complaint filed on October 24, 2019, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. Sanjay Jayawardena, and assigned Case No. 19CV357372, a true and correct copy of which is attached hereto as Exhibit “4.” 5. Complaint filed on November 18, 2019, in the Superior Court of California, County of San Joaquin, in the case captioned Velocity Investments, LLC v. Thong Nguyen, and assigned Case No. STK-CV-UCC-2019-15406 (was STK-CV-LCCR-2019-15406), a true and correct copy of which is attached hereto as Exhibit “5.” REPRESENTATIVE CASES IN CANUL CLASS 6. Complaint filed on May 4, 2018, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. Hassan Fallahadl, and assigned Case No. 18CV327715, a true and correct copy of which is attached hereto as Exhibit “6.” 7. Complaint filed on February 4, 2019, in the Superior Court of California, County of Fresno, in the case captioned Velocity Investments, LLC v. Encarnacion Patlan, and assigned Case No. 19CECLO01335, a true and correct copy of which is attached hereto as Exhibit “7.” 8. Complaint filed on February 21, 2019, in the Superior Court of California, County REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096of San Mateo, in the case captioned Velocity Investments, LLC v. Sadegh Sadeghian, and assigned Case No. 19-CLJ-01328, a true and correct copy of which is attached hereto as Exhibit “8.” 9. Complaint filed on February 4, 2019, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. John Atchison, and assigned Case No. 19CV342352, a true and correct copy of which is attached hereto as Exhibit “9.” REPRESENTATIVE CASES IN PASCUAL CLASS 10. Complaint filed on May 4, 2018, in the Superior Court of California, County of Santa Clara, in the case captioned Velocity Investments, LLC v. Ahmed Dhia, and assigned Case No. 18CV327719, a true and correct copy of which is attached hereto as Exhibit “10.” 11. Complaint filed on February 4, 2019, in the Superior Court of California, County of Fresno, in the case captioned Velocity Investments, LLC v. Eligio Cubangbang, and assigned Case No. 19CECL01319, a true and correct copy of which is attached hereto as Exhibit “11.” 12. Complaint filed on February 20, 2019, in the Superior Court of California, County of Fresno, in the case captioned Velocity Investments, LLC v. Homero Silva, and assigned Case No. 19CECL01867, a true and correct copy of which is attached hereto as Exhibit “12.” CONSUMER LAW CENTER, INC. Dated: August 24, 2022 By: 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 Email Address: fred.schwinn@sjconsumerlaw.com x! Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL -3- REQUEST FOR JUDICIAL NOTICE Case No. 16CV300096ENDORSED MATTHEW J. KUMAR, ESQ. Bar No. 283521 ALI FARZIN, ESQ. Bar No. 278564 LAW OFFICE OF RORY W. CLARK, ml SEP 20 A 8 5u A Professional Law Corporation 14900 Magnolia Blyd. #55997 Sherman Oaks, CA 91403 Attorneys for Plaintiff Internal File No. V1500062 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA - "LIMITED CIVIL" VELOCITY INVESTMENTS, LLC, ; CASE NO. L6CV300096 Plaintiff, ) . ) 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. ) $4,792.27 ) ) 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 YALID BY THIS DEBT COLLECTOR. IF YOU NOTH'Y 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, IF DIFFERENT FROM THE CURRENT CREDITOR. eS COMPLAINT FOR MONEY SCTETHIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT REQUIRE THAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES, COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9 P.M. THEY MAY NOT HARASS 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, YOU MAY CONTACT THE FEDERAL TRADE COMMISSION AT 1-877-FTC-HELP OR WWW.FTC.GOV, eseseestiet 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. Z That Defendant is a natural person currently residing in the State of California, to whom Plaintiff's assignor extended credit. on 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 have been ascertained. Plaintiff is informed and believes and thereon alleges that each of these fictitiously named defendants is 2. COMPLAINT FOR MONEY24 wo ur responsible in some manner for the occurrences herein alleged, and that plaintiffs damages as herein alleged were proximately caused by their conduct. CALIFORNIA CIVIL CODE §§1788.50-1788.64 4. Plaintiff on or after January 1, 2014, purchased a consumer credit account that is the basis of this action. The purchase of said debt is thereby subject to Civil Code $§1788.50-1788.64. PURSUANT TO CALIFORNIA CIVIL CODE §1788.58{a}: (1) Plaintiff is a debt buyer. (2) LENDINGCLUB CORPORATION issued and/or serviced a loan for funds on behalfof Defendant to be electronically transferred to the bank account of Defendant's choosing. Plaintiff alleges on information and belief, Defendant accessed those funds and used, or otherwise authorized its use, for the acquisition of goods, services, balance transfers, and/or other cash withdrawals. During that time, Defendant had access to review and view detailed aciivity of the account, the balance due, any accrual of fees, interest, payments, and/or the application of each of those items for the account. Defendant then failed to make the regular payments when due thereby causing a default in the repayment of the account. Thereafter, Plaintiff then received all of the rights, titles to, and interest in said credit account. (3) Plaintiffis now the sole owner of the debt at issue, or has the authority to assert the rights of all owners of the debi. (4) The debt balance at charge-off was $4,792.17. Plaintiff does not seek or add any post- charge-off interest or fees. athe-date-ofthe lasts 235 COMPLAINT FOR MONEY22 23 24 25 (6) The 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 Jasi 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. ISTH 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. 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 | through 5, inclusive. i That within the last four years, LENDINGCLUB CORPORATION and Defendant established an Open Book Account for accountnumber XXX2945 arising 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. ae COMPLAINT FOR MONEYoO} 25 SECOND CAUSE OF ACTION @Qvioney Lent - as to all Defendants) 8. Plaintiff re-alleges and incorporates in this cause of action the allegations of Paragrapits | through 5, inclusive. 9 That within the past four years, Defendant became indebted to Plaintiff's assignor for money lentto Defendant at his/her specific request, and which Defendant agreed to repay. Defendant received funds from Plaintiff'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: LE 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 OFRICE OF Rory W. CrarK, A PROFESSIONAL LAW CORPORATION ALIF, Attorneys for Plaintiff Se COMPLAINT FOR MONEYThis websita does not supoort his versicn of htemet Explorer. Please upgrade ta the latest version for a besller experience. Unorade Now > lovesting + Personaj Loans © How k Works * AboutUs. Truth in Lending Disclosure Truth in Lending Disclosure Statement Lender WebBank 6440 South Wasatch Boulevard Suits 300 SaktLake City, UT84121 Borrower Maria CANUL 35s, 15th st #2 San Jose, CA 95112 Annual Percentage Rate ‘The cost of your credit as a yearly rate 12.58% Finance Charge ‘The dollar amount the credit vill cost you $2,964{e) Amount Financed The amount of credit grovided to you or cn your beat $14,400(e} Total of Payments The amount you will have oald when you have made all scheduled payments $17,364(e) Your payment schedule will be as follows: Numberof — Amount payments (e) ie $482.32 Fitstpaymentis due on 7/12/12, and each subsequent payment is dus monthly thereafter on the sarne dayof each monlh $482.80. Last paymentis due on 61245 When payments are due A, Late chaiges: IF your payment artives aller your 15 day grace period, you wilf be chatged a late fee equal fo tha greater of 5.00% of ths late payment amoun| or $15. This fee is chargad only ence per late payment. Prepayment poticy: # you pay off your loan in advarce, you will not be charged a penalty. In the event of 2 prepayment, you will nat be entitled to a refund of any pre-paid financa charges or other fees, See your borrower membership and loan agreements for any additional information about nonpayment, default, or other matters related fo your loan. (2) 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 tis at least 60% funded by the end of the listing period, Total Amount Requested: $15,000.00 LendirgClub Fees: $600.00 Total Amount Received: $14,400.00 Unsuccessful payment fee. When 2 payment feils ard is rejected by your bank, you wit be charged en Unsuccessful Payment Fee of $15 to cover the cost Lending Club incurs on the transaction. Each attempt to collect 2 monthly payment is considered a separate transaction, so an Unsuccessiul Payment Fee willbe essessed for each falled attempt. ‘Check Processing Fee. Ifyou elect fo make paymants by check, ihare will be 2 $15 processing fee by payment. You ara not required to complete this agreement merely because you have received these disclosures or signed a borrower membership agreement. 71 Stevenson Street, Suite 300 San Francisco, CA 94105, USA © Copyright 2008-2015. All rights reserves. Equal Housing Lender borroweritent te_laswt02-prodDECLARATION OF VENUE J, the undersigned, declare: L lam on of the attorneys for Plaintiff in this action. 2, The above-entitled action is subject to the provisions of Code of Civil Procedure Section 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, ff called as a witness, I would competently so testify. [ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SEP 07 2006: Executed on , at Sherman Oaks, California. Law OFFICE OF Rory W. CLARK, A PROFESSIONAL LAW CORPORATION ALIFE, Attormeys fdr Plaintiff n6e COMPLAINT FOR MONEYCo IN DA YW 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 MATTHEW J. KUMAR, ESQ. Bar No. 283521 ALI FARZIN, ESQ. Bar No. 278564 SALUMEH FARSHIDPANAH, ESQ. Bar No. 321445 FARMAR LAW GROUP, PC 14900 Magnolia Blvd. #55997 Sherman Oaks, CA 91403 Phone: (888) 700-4774 Fax: (888) 625-2445 Attorneys for Plaintiff Internal File No. V1800363 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA - "LIMITED CIVIL" VELOCITY INVESTMENTS, LLC CASE NO. Plaintiff, COMPLAINT FOR MONEY: vs. OPEN BOOK ACCOUNT, AND MONEY LENT, EVA PASCUAL (COMMON COUNTS); DECLARATION OF VENUE and DOES I through X, inclusive, DEMAND AMOUNT: Defendants. $14,635.82 SSS SSS SS SD PURSUANT TO 15 U.S.C. §1692g AND CALIFORNIA CIVIL 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, IF DIFFERENT FROM THE CURRENT CREDITOR. -1- COMPLAINT FOR MONEY (>.4a leioe IN DH BW NY LE yoy RY Yee Be Be ee ee ee BF REBRF SSC REWIARESS AS THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THE STATE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT. AND THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT . REQUIRE THAT, EXCEPT UNDER UNUSUAL CIRCUMSTANCES, COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR AFTER 9 P.M. THEY MAY NOT HARASS 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, YOU MAY CONTACT THE FEDERAL TRADE COMMISSION AT 1-877-FTC-HELP OR WWW.FTC.GOV. sero Plaintiff, VELOCITY INVESTMENTS, LLC (“Plaintiff”) alleges against Defendants, EVA PASCUAL and DOES I thru X, inclusive, (“Defendant”) as follows: 1. That Plaintiff is now and was at all 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. 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 have been ascertained. Plaintiff is informed and believes and thereon alleges that each of these fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff's damages as herein alleged were proximately caused by their conduct. -2- COMPLAINT FOR MONEYCALIFORNIA CIVIL CODE §§1788.50-1788.64 4. On or after January 1, 2014, Plaintiff purchased the consumer credit account that is the basis of this action. The collection of said debt is therefore subject to Civil Code §§1788.50-1788.64. PURSUANT TO CALIFORNIA CIVIL CODE §1788.58(a): (1) Plaintiff is a debt buyer. (2) PROSPER FUNDING LLC issued and/or serviced a loan of money to Defendant, which funds were electronically transferred to the bank account of Defendant's choosing. Plaintiff alleges on information and belief that Defendant accessed and used those funds, or otherwise authorized their use, for the acquisition of goods, services, balance transfers, and/or other cash withdrawals. During that time, Defendant had access to review detailed activity of the account, including the balance due, any accrual of fees or interest, payments due and received, and the application of each of those items to the account. Defendant then failed to make the regular payments when due, thereby causing a default in the repayment of the account. Thereafter, Plaintiff received all of the rights, title to, and interest in said account. (3) Plaintiff is now the sole owner of the debt at issue, or has the authority to assert the rights of all owners of the debt. (4) The debt balance at charge-off was $14,635.82, comprised of $13,489.33 principal, $1,035.41 accrued interest, and $111.08 in fees. Plaintiff has not added and does not seek any post- charge-off interest or fees. (5) The date of the last payment prior to charge-off was on or about November 4, 2016. 3- COMPLAINT FOR MONEYBm C0 mY DA BR ww (6) The name and an address of the charge-off creditor at the time of charge-off is: PROSPER FUNDING LLC, 101 SECOND STREET, 15TH FLOOR, SAN FRANCISCO, CA 94105. The charge-off creditor's account number associated with the debt is XX0267. (7) The name and last known address of the Defendant as they appeared in the charge-off creditor's records prior to the sale of the debt is: EVA PASCUAL, 4175 ARPEGGIO AVE SAN | JOSE, CA 95136. (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 all 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, PROSPER FUNDING LLC and Defendant established an Open Book Account for account number XX0267 arising 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 PROSPER FUNDING LLC. As of its final entry, said Open Book Account provided that Defendant was indebted to Plaintiff’s assignor in the sum of $14,635.82. Payments/credits in the amount of $0.00 have since been posted to the subject account, leaving a total outstanding balance of $14,635.82. 4. COMPLAINT FOR MONEYSECOND CAUSE OF ACTION (Money Lent - as to all Defendants) 8. Plaintiff re-alleges and incorporates in this cause of action the allegations of Paragraphs 1 through 5, inclusive. 9. That within the past four years, Defendant-became indebted to Plaintiff's assignor for money lent to Defendant at his/her specific request, and which Defendant agreed to repay. Defendant received funds from Plaintiff's assignor, but did not repay as promised. Defendant has retained the sums rightfully belonging to Plaintiff’s assignor in the amount of $14,635.82. 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 balance of $14,635.82. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: AS TO ALL CAUSES OF ACTION: 1, Money damages in the sum of $14,635.82; 2. Costs of suit incurred in this action; and 3. Such other and further relief as the Court may deem proper. FARMAR LAW GROUP, [ ] MATTHEW J. KUMAR, ESQ. ‘ALI FARZIN, ESQ. [ ] SALUMEH FARSHIDPANAH, ESQ. Attorneys for Plaintiff 5. COMPLAINT FOR MONEYLoan Truth in Lending Disclosure PROSPER Truth in Lending Disclosure Statement (final) Provided on 23-May-2016 for listing #4947611 Lender: Borrower: bBank DS South State Street BVA PASCUAL ee , 4175 ARPEGGIO AVE HB earns s SAN JOSE, CA 95136 . \Total of Payments FINANCE CHARGE = [A™0unt Financed |The amount you will have ‘he dollar amount the paid after you have made redit will cost you. behalf lall payments as scheduled. The amount of credit The cost of your credit as fa yearly rate. $5,748.42 23.51% $14,250.00 $19,998.42 |Your payment schedule will be: lumber of payments Amount of payments When payments are due 35 $555.39 Monthly beginning Jun-25-2016 1 $559.77 Final payment May-25-2019 |Late Charge: If a payment is late, you will be charged the greater of 5.00% of the unpaid installment mount, or $15. Prepayment: If you pay off early, you will not have to pay a penalty, and you will not be entitled to a refund! lof any prepaid finance charge. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment. Itemization of the Amount Financed of $14,250.00: $14,250.00 given to you directly. een Y EXHIBIT $750.00 Prepaid Finance Charge ACo md DwW BF WY S DECLARATION OF VENUE I, the undersigned, declare: 1. Tam one of the. attorneys for Plaintiff in this action. 2. This action is subject to the provisions of Code of Civil Procedure § 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, If called as a witness, I would competently so testify. Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on NOV 2.0 2018 , at Sherman Oaks, California. FARMAR LAW GROUP, PC [ ] MATTHEW. KUMAR, ESQ. JAALIFARZIN, ESQ. [ ] SALUMEH FARSHIDPANAH, ESQ. Attorneys for Plaintiff -6- COMPLAINT FOR MONEYE-FILED 9/10/2020 9:32 AM BRYANT BURNSTAD, SBN 297286 Clerk of Court RESURGENCE LEGAL GROUP, PC Superior Court of CA, 10805 Holder Street, Suite 167 County of Santa Clara Cypress, CA 90630 20CV370503 (T) 877/440-0860 (F) 714/226-0024 Reviewed By: M Vu EMAIL: CAAttorney@ResurgenceLegal.com Refer to File Number: TP099745 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN JUDICIAL DISTRICT DOWNTOWN COURTHOUSE VELOCITY INVESTMENTS LLC, ) CASENO, 20CV370503 ) Plaintiff, ) COMPLAINT FOR MONEY ) v. ) 1. Account Stated ) 2. Open Book Account FARRAH SIPIN, ) 3. Indebtedness and DOES 1 through 15 inclusive, ) ) Limited Jurisdiction Defendant(s). ) [Demand Amount: $6,958.12] ) ; (>.45 Tine ) ) GENERAL ALLEGATIONS 1. At all times mentioned herein, Plaintiff VELOCITY INVESTMENTS LLC 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 CONSUMER LOAN UNDERLYING BOND CLUB CERTIFICATE ISSUER TRUST I SERVICED BY LENDING CLUB, and is qualified to conduct business in the State of California. Plaintiff is a debt buyer and sole owner of account. 2 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. L ‘COMPLAINT FOR MONEY o K = o *3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this 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 line of credit (the "Account") from the original credit issuer. Thereafter, said request was accepted and credit was extended to Defendant(s). 6. Defendant(s) incurred this debt by defaulting on the Contract by failing to pay the agreed upon payments. A copy of the Contract is attached as Exhibit "A" and incorporated by reference to this complaint. 7. The charge-off creditor was CONSUMER LOAN UNDERLYING BOND CLUB CERTIFICATE ISSUER TRUST I SERVICED BY LENDING CLUB, 71 STEVENSON STREET SUITE 300 SAN FRANCISCO CA 94105 and account number at time of charge-off was *****1628. 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 FARRAH SIPIN, 1266 N HILLVIEW DR, MILPITAS CA 95035. 2 ‘COMPLAINT FOR MONEY9. The names and addresses of all persons or entities that purchased or were assigned the debt after charge-off are: Name Address VELOCITY INVESTMENTS LLC PO BOX 788, WALL, NJ 07719 Attached hereto collectively as Exhibit "B" are true and correct copies of said transfers and are incorporated herein by reference. 10. Plaintiff has complied with California Civil Code section 1788.52. 11. | Defendant(s), and each of them, defaulted on the account by failing to make payments since on or about October 4, 2018, 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. 12. The balance at charge-off was $6,958.12. 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. 13. Demand has been made on Defendant(s), and each of them, for the payment of $6,958.12 due. FIRST CAUSE OF ACTION (Account Stated) 14. Plaintiff refers to Paragraphs 1 through 13, and by this reference incorporates the same herein as though fully set forth. 15. 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 $6,958.12. Plaintiffis the current holder and assignee of the Account. SECOND CAUSE OF ACTION (Open Book Account) 16. Plaintiff refers to Paragraphs 1 through 15, and by this reference incorporates the same herein as though fully set forth. 17. Within the last four years, Defendant(s), and each of them, became indebted to the charge-off creditor on an open book account for $6,958.12 due. The open book account reflected all the credits 3 ‘COMPLAINT FOR MONEYand 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) 18. Plaintiff refers to Paragraphs 1 through 17, inclusive of the First Cause of Action, and by this teference 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: . For the sum of $6,958.12; . For costs of suit incurred herein; and, . For such other further relief as the Court may deem just and proper. RESURGENCE, ‘AL GROUP, PC By: WBRYANT BURNSTAD, SBN 297286 DATED: August 26, 2020 Attorney for Plaintiff 4 ‘COMPLAINT FOR MONEYThis is a copy of an authoritative document LOAN SUMMARY Loan Id: hs 28 Primary Borrower Contact Information Full Real Name: FARRAH SIPIN Screen Name Email: Address: iMlview Dr Milpitas, CA 95035 OFT OF Home Phone: Cell or Work Phone: Loan Information Loan Issue Date: Original Loan Amount Principle Balance: Principle Balance Date: 4/2119 Loan Documents Document Name Date/time Document Version Signed Borrower Agreement 8/29/18 05:49:20 AM PDT LC_SEC_V26 Credit Score Notice 8/29/18 05:49:20 AM PDT LC_SEC_V4 Hi DOCVPIEN: The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 02 2019 08:01:19This is a copy of an authoritative document Borrower Agreement (January 2018) The following Borrower Agreement (“Agreement”) is between you ("you" and "your" mean each and every borrower, including any joint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," or “us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation (“LendingClub"). Ifyou make a loan request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed by the terms of the document then in eflect. This Agreement will remain in effect for the applicable loan, and will terminale if your loan request is cancelled, withdrawn, or dg IESE TERMS. a facilitated through the Site. When you make a request, you agree ta Peseive\ahsLtime request, subject to your right to cancel the request before closing aS Wes cribScr L ay the money provided by us to you and to abide by the terms of this Agreement, the Loan Agreement and Promissory Note, and all other agreements or disclosures provided to you during the loan process and which may be found in your LendingClub account. Any dispute with us, LendingClub of any subsequent holder of the Loan Agreement and Promissory Note will be resolved by binding arbitration, subject to your right to opt oul as set forth below. Each loan request is subject to our credit criteria in effect al the time of your loan request. pyalic acknowledge that an Investor's commitment to invest in all or a portion of your loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendingClub may also choose to invest in all or part of your loan request, but is not obligated to do so. We may elect in our sole discretion to give you a partial funding option, if necessary, which means: your loan will be issued if it receives commitments tq Xs y OR (2) THAT YOU WILL RECEIVE A\s A . No later than titi} aft A i i orovs will ibgue for bdme or all of your Tequested amountoré ¢ i Nn thdotarketplake for at least fourteen (14) days, subject lo investor interest. Il may take up to forty-five (45) days lo process and issue your loan. If al any point, you no longer want a loan under your pending loan request, you must notify us in writing of your election to terminate your loan request sufficiently far in advance of the loan closing for us to cancel the loan 4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Nole, each of which is provided lo you and placed into the on-line account you established upon registration. You agree and acknowledge thal the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance of the loan issued and your selected payment oplion (check or Aulomated Clearing House ("ACH"). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term slated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in tne Loan Agreement and Promissory Note. Other fees and terms of the loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do nol need to disclose alimony, child support or separate maintenance income if you do not wish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by, information provided through a third party, or by other proof, Additionally, by proceeding with the application, you consent to our use of any information provided by you or provided through any third party, for any lawtul purpose, including but not limited to identity verification, fraud prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 29 2018 12:49:20This is a copy of an authoritative document us. Furthermore, we may terminate consideration of your application at any time in our sole discretion. 6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing. As a condition to receiving a loan from us, you hereby grant to LendingClub a limited power of attorney and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit A that rellect- the accepted terms sel forth in each of your final Truth in Lending Disclosure(s) as such may be posted fom time to time in response to your loan request(s) in the on-line account you have established with LendingClub where documents are stored and with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such power as fully to all intents and purposes as you might or could do in person ("Power of Attorney“). This Power of Attorney is limited solely to the purpose described above and will expire automatically upon the termination of this Borrower Agreement. You may revoke this Power of Attorney by contacting us at support@lendingclub.com or calling 888-596-3157 and closing your account with us: provided, however, ifa loan request has been approved you to your Designated Account and before the Loan Agreement ang-Pren are-Premissory Note is signed by receiving a loan from us. Ifyou choose to revoke this Power of Attorney prior to execution, we will be unable to proceed with your loan request and your pending loan request will be considered withdrawn, your account closed, and you may be prohibited from posting additional qualifying loan requests in the future in our discretion, You may cancel your application without any fee or penally prior to funding of the loan, as long as you provide us with sufficient advance UNDERSTANDING IN UNDERTAKING THE POTENTIALISSUANCE OF YOUR LOAN. YOU MAY CANCEL THE LOAN AGREEMENT AND PROMISSORY NOTE AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER. THE LOAN HAS FUNDED. IF YOU DECIDE TO CANCEL, ALLLOAN PROCEEDS, LESS THE ORIGINATION FEE, WILL BE WITHDRAWN FROM YOUR ACCOUNT IN THE NEXT 5-7 BUSINESS DAYS. IF LENDINGCLUB CAN'T WITHDRAW THE FULLAMOUNT FROM YOUR BANK ACCOUNT, YOU'LL STILL BE RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE BORROWER AGREEMENT, LOAN AGREE! AY | Any REES || S D PRINCIPAL OF . ANCH fOMIBSAR? EB (TACTING|US AT SUPPORT @LH . FOR BALANCI A DEUVER LOAN PROCEEDS To ACCOUNTS: ("DIRECTED A Dl 8) ECOVAR|THESE RUNDS. LENDINGCLUB WILL ATTEMPT TO WITHDRAW AN AMOUNT EQUAL TO YOUR LOAN PROCEEDS LESS THE ORIGINATION FEE WITHIN 5-7 DAYS FOLLOWING YOUR REQUEST TO CANCEL. IF LENDINGCLUB IS UNABLE TO WITHDRAW SUCH AMOUNT, YOU WILL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE BORROWER AGREEMENT, LOAN AGREEMENT AND PROMISSORY NOTE. &. Military Lending Act. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member ofthe Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent, This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit lransactions or accounts); and any participation fee charged (other than certain parlicipation fees for a credit card account). Federal law requires thal you receive a clear descriplion of your required payments. Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-free number (844) 538-6754. 9. Servicing by LendingClub. You acknowledge and agree thal LendingClub may provide services to us in connection with evaluating your loan requests, and all other aspects of your relationship with us. LendingClub will also act as the servicer of any loan that you obtain, LendingClub may delegate servicing to another entity in its sole discretion without notice. 10. Other Borrower Agreements; Use of Loan Proceeds. You agfee that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (8) will not, in connection with your loan request: (i) make any false, The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 29 2018 12:49:20This is a copy of an authoritative document misleading or deceptive statements or omissions of fact in your listing, including but not limited to your loan description; {ii) misrepresent your identity, or describe, present or portray yourself as a person ather than yourself: (ii) give to or receive from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; {iv) represent yourself to any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf, (v) use any of the loan proceeds to fund any posl-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or {vi) use any of the loan proceeds to fund any illegal activily or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any of the loan proceeds for the purpose of purchasing or carrying any securities; (vii) use any of the loan proceeds for tne purpose of investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof, or {ix) use the Site to request or obtain a loan for someone other than yourself and (C) that you have all necessary consents, permissions, acknowedgements or agreements from all joint applicants/co-borrowers and we may rely upon this agreement without any investigation or verification. You further acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use or any other agreement entered into with us or LendingClub, we may lerminale your loan request and cancel this Agreement immediately. 11. Liability of the Borr é jjoint applicant/co-borrower under this Agreement and lis in addi ib ligulof the obligations of the primary borrower. The joint applicani Promissory Note and any othe We and our successors and assigns have sole discretion to proceed, at any time, against any party responsible under this Agreement. Further, we can accept instructions from either you or the joint applicant/co-borrower, and notice can be given to either you or the joint applicant/co-borrower, and shall be binding on both and deemed received by all parties. 12. TCPAConsent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS. messages {including text messages) from us, our agents, representatives, affiliates, or anyone calling on our benalf, you expressly consent anit} tatives; afflia i qs You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us a e quality monitoria 13. Assignment; Note, or any of our rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any lime. You further understand, acknowledge and agree thal LendingClub or another third party may further sell, assign or transfer your Loan Agreement and Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note without your consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this section 13 shall be null and void. egistration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory You hereby appoint LendingClub as your agent (in such capacily, the "Note Registrar’) for the purpose of maintaining a book-entry system {the "Register’) for recording ine names and addresses of any owner of beneficial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereof from time to time. The person or persons identified as the Note Owners in the Register shall be treated as the owner(s) of this Note for purposes of receiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owmer of its beneficial interest in this Note, the right to payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. We may terminate this Agreement and your ability to make loan requests at any time. If you committed fraud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms of this Agreement, we will have all remedies authorized or permitted by this Agreement and applicable law The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 29 2018 12:49:20This is a copy of an authoritative document 14. Entire Agreement. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan. The WebBank Privacy Notice attached as Exhibit B is incorporated by reference into this Agreement. 15. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND. DISCLOSURES, WHICH CONSENT |S SET FORTH IN THE TERMS OF USE FOR THE SITE. 16. Notices. All nolices and other communicalions to you hereunder may be given by email to your registered email address or posted on your Account Summary on the Site, and shall be deemed to have been duly given and efleclive upon transmission. You acknowledge thal you have control of such email account and your Account Summary on the Site and that communications from us may contain sensitive, confidential, and collectionsrelated communications. If your registered email address changes, you must notify LendingClub ofthe change: by sending an email to support@lendingelub.com or calling 888-596-3157. You also agree to update your registered residence address and telephone number on the Site if they change 17. NO WARRANTIES. Ex‘ WARRANTIES TO YOU, IN PARTICULAR