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1 Christopher D. Mandarich SB 220693
Teona Pipia SB 343337
2 Hayk Stambultsyan SB 320973
Martin Weingarten SB 201906
3 Israel Whitbeck SB243532
MANDARICH LAW GROUP, LLP
4 P.O. Box 109032 Chicago, IL 60610
Phone: 877.285.4918
5 Facsimile: 818.888.1260
Mandarich Law Group, LLP's California Debt Collector license application is currently pending.
6 Attorneys for Plaintiff: LVNV FUNDING LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF RIVERSIDE - UNLIMITED
9 LVNV FUNDING LLC, Case No.
Plaintiff,
10 COMPLAINT FOR:
vs. FILE BY FAX
11 1. ACCOUNT STATED
Ricky Banks, an individual; 2. OPEN BOOK ACCOUNT
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and DOES 1 through 10 inclusive.
13 Defendant.
DEMAND: $35,425.71
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15 Plaintiff alleges:
16 FACTS COMMON TO ALL CAUSES OF ACTION
17 1.Plaintiff is and at all times herein mentioned, LVNV FUNDING LLC, and successor in
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interest to original creditor, Cross River Bank.
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2.Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California
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Debt Collector license application is currently pending.
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3.The charge-off creditor at the time of charge-off is PML Trust I, 3419 Silverside Road
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Wilmington, DE 19810, and the account number associated with this debt is XXXX0647.
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4.The subject credit account has been purchased by the following entities after charge-off:
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The subject credit account was transferred by PML Trust I to Plaintiff LVNV FUNDING LLC,
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who maintains an address at C/O Resurgent Capital Services LP 55 Beattie Place, Suite 110,
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Greenville SC 29601.
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5.Plaintiff is informed and believes that Defendant are individuals who currently reside
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COMPLAINT-1 of 5
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within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper
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Court for trial of this action.
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6.The name and last known address of the debtor as they appeared in the charge-off
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creditor’s records prior to the sale of the debt is Ricky Banks, 832 JONLIERE CIRCLE ,
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CORONA, CA 92882.
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7.Plaintiff is unaware of the true names or capacities, whether individual, corporate,
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associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore,
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sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true
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names and capacities once ascertained.
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8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is,
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the agent, servant and employee, employer of each of the other Defendant, and also acted in the
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capacity of and as agent of the other Defendant. Plaintiff also believes that the individual
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Defendant, and each of them, are jointly and severally liable that the actions described herein
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were taken as actions for the benefit of the Defendant's separate and/or community property.
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9.Plaintiff believes that, for value received, Defendant and each of them, executed and
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delivered a credit card application to the original creditor, Cross River Bank or made such
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application over the telephone or Internet. Pursuant to the aforementioned application, Cross River
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Bank provided Defendant with a credit account, and granted use privileges on the same, account
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number XXXX0647 (hereinafter “Account”).
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10.Prior to the commencement of this action, the Account was assigned for value to the
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Plaintiff and Plaintiff is its current holder.
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11.Defendant agreed to repay Cross River Bank and any successors in interest, for any
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charges on the Account including, but not limited to, charges for purchase of goods and service
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and/or cash advances and balance.
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12.Defendant used the Account to make purchases and/or to take cash advances and/or to
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make balance transfers. Each time the Defendant used the Account to purchase goods and services
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COMPLAINT-2 of 5
1 and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to
2 repay Cross River Bank and its successors in interest for the amount of the purchase and/or cash
3 advances and/or balance transfers.
4 13.Monthly statements were sent to Defendant which itemized all payments made and
5 charges due on the Account.
6 14.The date of last payment on the subject account was on August 1, 2020.
7 15.Within the last four years, the Defendant failed to make payments as agreed on the
8 Account. Defendant has failed, refused and neglected to pay amounts due on the Account.
9 16.The debt balance at charge-off was $35,425.71, and upon information and belief there
10 is $0.00 in post charge off fees and $0.00 in post charge off interest.
11 17.Subsequent to charge-off, and after applying any and all applicable payments and
12 credits, the Defendant owes Plaintiff $35,425.71.
13 18.Although demand has been made upon said Defendant to pay said amount, no part has
14 been paid, and it is now due and owing.
15 19.Upon information and belief, Cross River Bank and successors in interest including
16 Plaintiff have duly performed all promises, conditions and agreements herein.
17 20.Plaintiff has complied with California Civil Code Section 1788.52.
18 21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy
19 of Billing Statement provided to the Defendant while the account was active, demonstrating that
20 the debt was incurred by the Defendant.
21 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy
22 of the Final Billing Statement and/or Transaction History.
23 23.Upon opening the Account with Cross River Bank, the Defendant(s) agree to reimburse
24 Cross River Bank, and hence Plaintiff as successor in interest for the costs related to the collection
25 of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group,
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COMPLAINT-3 of 5
1 LLP to pursue collection of the amount due hereunder.
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3 FIRST CAUSE OF ACTION
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(Account Stated)
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24.Plaintiff refers to and incorporates paragraphs 1 through 23.
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25.Within the past 4 years, an account was stated in writing in which it was agreed that
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Defendant were indebted in the amount previously referenced herein. Although demand has been
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made upon Defendant, said amount of $35,425.71 has not been paid, and it is now due, owing and
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10 unpaid from Defendant to Plaintiff, as successor in interest.
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12 SECOND CAUSE OF ACTION
13 (Open Book Account)
14 26.Plaintiff refers to and incorporates paragraphs 1 through 25.
15 27.Within the past 4 years, Defendant and each of them became indebted in the amount of
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the previously mentioned herein for a balance due on a book account for goods sold and delivered
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and/or services rendered by Cross River Bank. Although demand has been made upon Defendant,
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said amount of $35,425.71 has not been paid, and it is now due, owing and unpaid including
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attorney’s fees from Defendant to Plaintiff as successor in interest.
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COMPLAINT-4 of 5
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2 WHEREFORE, Plaintiff prays for judgment against the Defendant as follows:
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4 1. For the damages and money in the sum of $35,425.71,
5 2. For reasonable attorneys fees pursuant to statute;
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3. For costs of suit incurred; and
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4. For such other and further relief as the Court deems just and proper.
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9 5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court.
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11 Dated: 12/07/2022 By: MANDARICH LAW GROUP, LLP
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14 [X] Israel Whitbeck, Esq.
Attorneys for Plaintiff
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COMPLAINT-5 of 5
EXHIBIT A
EXHIBIT B
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1 Christopher D. Mandarich SB 220693 Teona Pipia SB 343337 2 Hayk Stambultsyan SB 320973 Martin Weingarten SB 201906 3 Israel Whitbeck SB243532 MANDARICH LAW GROUP, LLP 4 P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 5 Facsimile: 818.888.1260 Mandarich Law Group, LLP's California Debt Collector license application is currently pending. 6 Attorneys for Plaintiff: LVNV FUNDING LLC 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF RIVERSIDE - UNLIMITED 9 LVNV FUNDING LLC, Case No. Plaintiff, 10 COMPLAINT FOR: vs. FILE BY FAX 11 1. ACCOUNT STATED Ricky Banks, an individual; 2. OPEN BOOK ACCOUNT 12 and DOES 1 through 10 inclusive. 13 Defendant. DEMAND: $35,425.71 14 15 Plaintiff alleges: 16 FACTS COMMON TO ALL CAUSES OF ACTION 17 1.Plaintiff is and at all times herein mentioned, LVNV FUNDING LLC, and successor in 18 interest to original creditor, Cross River Bank. 19 2.Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California 20 Debt Collector license application is currently pending. 21 3.The charge-off creditor at the time of charge-off is PML Trust I, 3419 Silverside Road 22 Wilmington, DE 19810, and the account number associated with this debt is XXXX0647. 23 4.The subject credit account has been purchased by the following entities after charge-off: 24 The subject credit account was transferred by PML Trust I to Plaintiff LVNV FUNDING LLC, 25 who maintains an address at C/O Resurgent Capital Services LP 55 Beattie Place, Suite 110, 26 Greenville SC 29601. 27 5.Plaintiff is informed and believes that Defendant are individuals who currently reside 28 COMPLAINT-1 of 5 1 within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper 2 Court for trial of this action. 3 6.The name and last known address of the debtor as they appeared in the charge-off 4 creditor’s records prior to the sale of the debt is Ricky Banks, 832 JONLIERE CIRCLE , 5 CORONA, CA 92882. 6 7.Plaintiff is unaware of the true names or capacities, whether individual, corporate, 7 associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore, 8 sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true 9 names and capacities once ascertained. 10 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, 11 the agent, servant and employee, employer of each of the other Defendant, and also acted in the 12 capacity of and as agent of the other Defendant. Plaintiff also believes that the individual 13 Defendant, and each of them, are jointly and severally liable that the actions described herein 14 were taken as actions for the benefit of the Defendant's separate and/or community property. 15 9.Plaintiff believes that, for value received, Defendant and each of them, executed and 16 delivered a credit card application to the original creditor, Cross River Bank or made such 17 application over the telephone or Internet. Pursuant to the aforementioned application, Cross River 18 Bank provided Defendant with a credit account, and granted use privileges on the same, account 19 number XXXX0647 (hereinafter “Account”). 20 10.Prior to the commencement of this action, the Account was assigned for value to the 21 Plaintiff and Plaintiff is its current holder. 22 11.Defendant agreed to repay Cross River Bank and any successors in interest, for any 23 charges on the Account including, but not limited to, charges for purchase of goods and service 24 and/or cash advances and balance. 25 12.Defendant used the Account to make purchases and/or to take cash advances and/or to 26 make balance transfers. Each time the Defendant used the Account to purchase goods and services 27 28 COMPLAINT-2 of 5 1 and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to 2 repay Cross River Bank and its successors in interest for the amount of the purchase and/or cash 3 advances and/or balance transfers. 4 13.Monthly statements were sent to Defendant which itemized all payments made and 5 charges due on the Account. 6 14.The date of last payment on the subject account was on August 1, 2020. 7 15.Within the last four years, the Defendant failed to make payments as agreed on the 8 Account. Defendant has failed, refused and neglected to pay amounts due on the Account. 9 16.The debt balance at charge-off was $35,425.71, and upon information and belief there 10 is $0.00 in post charge off fees and $0.00 in post charge off interest. 11 17.Subsequent to charge-off, and after applying any and all applicable payments and 12 credits, the Defendant owes Plaintiff $35,425.71. 13 18.Although demand has been made upon said Defendant to pay said amount, no part has 14 been paid, and it is now due and owing. 15 19.Upon information and belief, Cross River Bank and successors in interest including 16 Plaintiff have duly performed all promises, conditions and agreements herein. 17 20.Plaintiff has complied with California Civil Code Section 1788.52. 18 21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy 19 of Billing Statement provided to the Defendant while the account was active, demonstrating that 20 the debt was incurred by the Defendant. 21 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 22 of the Final Billing Statement and/or Transaction History. 23 23.Upon opening the Account with Cross River Bank, the Defendant(s) agree to reimburse 24 Cross River Bank, and hence Plaintiff as successor in interest for the costs related to the collection 25 of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, 26 27 28 COMPLAINT-3 of 5 1 LLP to pursue collection of the amount due hereunder. 2 3 FIRST CAUSE OF ACTION 4 (Account Stated) 5 24.Plaintiff refers to and incorporates paragraphs 1 through 23. 6 25.Within the past 4 years, an account was stated in writing in which it was agreed that 7 Defendant were indebted in the amount previously referenced herein. Although demand has been 8 made upon Defendant, said amount of $35,425.71 has not been paid, and it is now due, owing and 9 10 unpaid from Defendant to Plaintiff, as successor in interest. 11 12 SECOND CAUSE OF ACTION 13 (Open Book Account) 14 26.Plaintiff refers to and incorporates paragraphs 1 through 25. 15 27.Within the past 4 years, Defendant and each of them became indebted in the amount of 16 the previously mentioned herein for a balance due on a book account for goods sold and delivered 17 and/or services rendered by Cross River Bank. Although demand has been made upon Defendant, 18 said amount of $35,425.71 has not been paid, and it is now due, owing and unpaid including 19 attorney’s fees from Defendant to Plaintiff as successor in interest. 20 21 22 23 24 25 26 27 28 COMPLAINT-4 of 5 1 2 WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 3 4 1. For the damages and money in the sum of $35,425.71, 5 2. For reasonable attorneys fees pursuant to statute; 6 3. For costs of suit incurred; and 7 4. For such other and further relief as the Court deems just and proper. 8 9 5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. 10 11 Dated: 12/07/2022 By: MANDARICH LAW GROUP, LLP 12 13 14 [X] Israel Whitbeck, Esq. Attorneys for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT-5 of 5 EXHIBIT A EXHIBIT B