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ELECTRONICALLY FILED
File No. 23-13126-0 Superior Court of California
Robert Scott Kennard County of Santa Barbara
1 Darrel E. Parker, Executive Officer
State Bar No. 117017 6/21/2023 9:42 AM
2 Gloria Zarco By: Preston Frye , Deputy
State Bar No. 199702
3 NELSON & KENNARD
4 5011 Dudley Blvd., Bldg. 250, Bay G
McClellan, CA 95652-1020
5 P.O. Box 13807
Sacramento, CA 95853
6 Telephone: (916) 920-2295
Facsimile: (916) 920-0682
7
8 Attorneys for Plaintiff
CAVALRY SPV I, LLC as assignee of Citibank, N.A.
9
10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
ANACAPA DIVISION - LIMITED CIVIL CASE
11
12 CAVALRY SPV I, LLC as assignee of CASE NO. 23CV02649
Citibank, N.A.
13 COMPLAINT FOR ACCOUNT STATED;
Plaintiff, MONEY LENT
14
vs.
15 (DEMAND AMOUNT: $2,746.89)
16 MZIA A DAY
and DOES 1 to 10, Inclusive,
17
18 Defendants.
19
Plaintiff alleges and complains as follows:
20
PRELIMINARY ALLEGATIONS
21
22 Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, N.A.,
23 as issuer of the Costco credit card account, complains of
24 Defendants, and each of them, singularly and collectively, that:
25
1. The true names and capacities of Defendants herein sued by
26
the fictitious names as DOES 1 to 10, Inclusive, are unknown to
27
Plaintiff, who therefore sues those Defendants under, pursuant to,
28
1
Complaint
1 and in accordance with the provisions of Section 474 of the Code of
2 Civil Procedure. Plaintiff will ask leave of court to amend this
3 complaint as and when the true names and capacities of Defendants
4
named herein as DOES 1 to 10 have been ascertained.
5
2. At all times herein mentioned, Defendants, and each of
6
them, were the agents, servants and employees of each other and
7
8 every remaining Defendant, and in doing the things alleged, were
9 acting in the course and scope of said authority of such agents,
10 servants, and employees.
11 3. Plaintiff is now and was at all times herein mentioned a
12
limited liability company, authorized to do business in the State of
13
California.
14
4. Plaintiff is a debt buyer as defined by Section 1788.50 of
15
16 the CA Civil Code. Plaintiff and Plaintiff’s counsel’s application
17 for license pursuant to Financial Code Section 100000 et. seq. are
18 pending issuance with the Nationwide Multistate Licensing and
19 Registry and/or the California Department of Financial Protection
20
and Innovation.
21
5. Section 1788.50 of the CA Civil Code is applicable to this
22
action as the debt subject to this lawsuit was purchased by
23
24 Plaintiff after January 1, 2014. Plaintiff is the sole owner of the
25 debt at issue.
26 6. Plaintiff is in compliance with Section 1788.52 of the CA
27 Civil Code. Attached hereto as Exhibit A is a true and correct copy
28
2
Complaint
1 of a monthly account statement that was sent to the Defendant while
2 the account was active, which demonstrates that the debt was
3 incurred by the Defendant.
4
7. The nature of the underlying debt is a credit agreement
5
entered into between the charge-off creditor and the Defendant. The
6
Defendant obtained credit to use for the purchase of certain goods
7
8 and services and used the account for that purpose.
9 8. The name of the charge-off creditor is Citibank, N.A., as
10 issuer of the Costco card account. The address of the charge-off
11 creditor at the time of charge-off was PO BOX 78019 Phoenix, AZ
12
85062-8019. The last four digits of the charge-off account number
13
are XXXXXXXXXXXX1783.
14
9. The name and last known address of the Defendant as they
15
16 appeared in the charged-off creditor's records prior to the sale of
17 the debt was MZIA A DAY, 1307 TARANTO CIR CARPINTERIA, CA 93013-
18 1206.
19 10. The name and address of all entities that purchased the
20
debt after charge-off is/are: CAVALRY SPV I, LLC, 1 AMERICAN LANE,
21
SUITE 220, GREENWICH, CONNECTICUT 06831.
22
11. Plaintiff is informed and believes and thereon alleges
23
24 that Defendant MZIA A DAY is an individual who resides in the City
25 of Carpinteria, County of Santa Barbara, State of California.
26 12. Before commencement of this action, in those cases where
27 recovery of costs is dependent on such notices, Plaintiff informed
28
3
Complaint
1 the Defendant(s) in writing that it intended to file this action and
2 that this action may result in a judgment against Defendant(s) that
3 might include court costs and necessary disbursements allowed by
4
C.C.P. § 1033(b)(2).
5
FIRST CAUSE OF ACTION
6 (Account Stated)
7 13. Plaintiff repeats and repleads and incorporates by
8
reference the allegations made in Paragraphs I through 12 of this
9
complaint.
10
14. The balance due at charge off was $2,746.89. After
11
12 deduction for all post charge off offsets and credits, if any, there
13 is now due, owing and unpaid from Defendant to Plaintiff the current
14 balance of $2,746.89, and upon information and belief there is $0.00
15 in post charge-off fees and $0.00 in post charge-off interest.
16
15. Defendants were indebted to the charge-off creditor,
17
Citibank, N.A., as issuer of the Costco card account, in the amount
18
of $2,746.89 on an account stated in writing. Please see the
19
20 statement of account reflecting the indebtedness attached hereto as
21 Exhibit B. This Citibank, N.A. credit card account was for credit
22 card purchases and/or cash advances. Defendant was billed monthly
23 and failed to dispute as required under the Federal Fair Billing Act
24
applicable to such account (15 U.S.C. $ 1666 et seq.).
25
16. The date of last payment made on the account was November
26
21, 2021.
27
28
4
Complaint
1 17. Prior to filing this complaint, all right, title and
2 interest in the account which is the subject of this lawsuit,
3 Account Number XXXXXXXXXXXX1783, was sold and assigned by Citibank,
4
N.A. as issuer of the Costco credit card account, to CAVALRY SPV I,
5
LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue.
6
18. Plaintiff made demand on defendants for payment of that
7
8 sum, but no part of that sum has been paid to plaintiff, and the
9 entire amount is now due and unpaid.
10 19. Neither the whole nor any part of the above charged-off
11 sum has been paid, although payment has been demanded, leaving a
12
balance due, owing and unpaid to Plaintiff in the amount of
13
$2,746.89 and together with costs of suit.
14
SECOND CAUSE OF ACTION
15 (Money Lent)
16
20. Plaintiff repeats and repleads and incorporates by
17
reference the allegations made in Paragraphs 1 through 20 of this
18
complaint.
19
20 21. The balance due at charge off was $2,746.89. After
21 deduction for all post charge off offsets and credits, if any, there
22 is now due, owing and unpaid from Defendant to Plaintiff the current
23 balance of $2,746.89.
24
22. Within the last four years, Defendant became indebted to
25
the charge-off creditor, Citibank, N.A., Costco credit card account,
26
in the amount of $2,746.89 for money lent to or paid out for the
27
28
5
Complaint
1 benefit of Defendant at his/her request, based on Defendant's use
2 and benefit of his/her account.
3 23. The date of last payment made on the account was November
4
21, 2021.
5
24. Neither the whole nor any part of the above charged-off
6
sum has been paid, although payment has been demanded, leaving a
7
8 balance due, owing and unpaid to Plaintiff in the amount of
9 $2,746.89 together with costs of suit.
10 WHEREFORE, plaintiff prays for judgment against Defendants, and
11 each of them, jointly and severally, as follows:
12
FOR THE FIRST CAUSE OF ACTION
13
(1) Damages in the sum $2,746.89;
14
(2) Costs of Suit and;
15
16 (3) Such other relief as the Court may deem just and proper.
17 FOR THE SECOND CAUSE OF ACTION
18 (1) Damages in the sum $2,746.89;
19 (2) Costs of Suit and; 120632.83
20
(3) Such other relief as the Court may deem just and proper.
21
NELSON & KENNARD
22
23 Dated: June 09, 2023 By:______________________________
24 Gloria Zarco
Attorney for Plaintiff November 22,
20217/05/22
25
26
27
28
6
Complaint
1
VERIFICATION
2
3 I, Gloria Zarco, declare:
4
1. I am an attorney at law duly admitted and licensed to
5
practice before all courts of the State of California and I have my
6
professional offices at 5011 Dudley Blvd., Bldg. 250, Bay G,
7
8 McClellan, Sacramento County, California.
9 2. I am the attorney of record for Plaintiff in the above-
10 entitled matter. Said Plaintiff is absent from the county in which
11 I have my office and for that reason, I am making this verification
12
on its behalf.
13
3. I have read the foregoing Complaint and know the content
14
thereof. Venue lies properly with this court because Defendant
15
16 either resides in this judicial district at the time this action is
17 commenced, or the contract was in fact signed by the Defendant in
18 this judicial district.
19 4. As to all other matters, I am informed and believe that
20
the matters stated therein are true and, on that ground, I allege
21
the matters stated therein are true.
22
I declare under penalty of perjury of the laws of the State of
23
24 California that the foregoing is true and correct.
25 Executed at Fullerton, California.
26 Dated: June 09, 2023 ______________________________
Gloria Zarco
27
28
1
VERIFICATION
EXHIBIT A
Costco Anywhere Visa® Card by Citi
MZIA A DAY www.citicards.com
Member Since 2019 Account number ending in: 1783 Customer Service 1-855-378-6467
Billing Period: 11/04/21-12/03/21 Speech/hearing impaired: 711
PO Box 790046 ST. LOUIS, MO 63179-0046
DECEMBER STATEMENT Account Summary
Minimum payment due: $35.00 Previous balance $32.83
New balance as of 12/03/21: $1,097.38 Payments -$32.83
Payment due date: 01/01/22 Credits -$0.00
Purchases +$1,097.38
Cash advances +$0.00
Fees +$0.00
Interest +$0.00
Late Payment Warning: If we do not receive your minimum payment by the date New balance $1,097.38
listed above, you may have to pay a late fee of up to $40 and your APRs may be
increased up to the Penalty APR of 29.99%. Credit Limit
For information about credit counseling services, call 1-877-337-8187. Credit Limit $6,500
Includes $2,000.00 cash advance limit
Available Credit Limit $5,402
Includes $2,000 available for cash advance
Costco Cash
Rewards Summary
as of 12/03/21
$118.10
» See page 3 for more information
about your rewards
For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019
Pay your bill from virtually anywhere Minimum payment due $35.00
with the Citi Mobile® App and Citi® Online
New balance $1,097.38
To download:
Text 'App15' to MyCiti (692484) Payment due date 01/01/22
or go to your device's app store.
Or visit www.citicards.com
Amount enclosed:
000000 NC 00 A 0 Account number ending in 1783
Please make check payable to Citi Cards.
MZIA A DAY Citi Cards
1307 TARANTO CIR PO BOX 78019
CARPINTERIA CA 93013-1206 Phoenix, AZ 85062-8019
1783
www.citicards.com Customer Service 1-855-378-6467 Page 2 of 3
Speech/hearing impaired: 711
MZIA A DAY
CARDHOLDER SUMMARY
MZIA A DAY Card ending in 1783
Costco Cash
New Charges $1,097.38 Rewards Summary
ACCOUNT SUMMARY Total Costco Cash Rewards Balance:
Sale
Date
Post
Date Description Amount
$118.10
Payments, Credits and Adjustments
11/21 PAYMENT THANK YOU -$32.83 Costco Cash Rewards Summary
Costco Cash Rewards balance
as of last statement ........................... +$101.59
MZIA A DAY Earned this period ................................. +$16.51
Standard Purchases
11/17 11/17 SALLY BEAUTY #1614 GOLETA CA $37.24
11/17 11/17 TRADER JOE'S #110 QPS GOLETA CA $70.25 Total Costco Cash Rewards Balance
Year To Date : $118.10
11/17 11/17 COSTCO WHSE #0474 GOLETA CA $262.97
11/19 11/19 USPS PO 0513320113 CARPINTERIA CA $16.25
11/19 11/19 USPS PO 0513320113 CARPINTERIA CA $141.40
11/19 11/19 ALBERTSONS #0355 CARPINTERIA CA $7.95
11/19 11/19 CARPINTERIA VALLEY LUMBE CARPINTERIA CA $24.94
11/23 11/23 SMART AND FINAL 914 SANTA BARBARACA $19.58
11/23 11/23 TRADER JOE'S #183 QPS SANTABARBARA CA $113.59
11/29 11/29 EUROPEAN DELI & MARKET SANTA BARBARACA $67.82
11/29 11/29 STAPLES 00108894 GOLETA CA $44.17 Costco Cash Rewards
11/29 11/29 COSTCO WHSE #0474 GOLETA CA $291.22 Earned This Period
Fees Charged 4% on eligible gas worldwide, including
gas at Costco 1 ......................................... +$0.00
TOTAL FEES FOR THIS PERIOD $0.00
3% on restaurants ................................. +$0.00
Interest Charged 3% on eligible travel worldwide.......... +$0.00
TOTAL INTEREST FOR THIS PERIOD $0.00
2% on Costco and
Costco.com .............................................. +$11.08
2021 totals year-to-date
Total fees charged in 2021 $0.00 1% on all other
Total interest charged in 2021 $0.00 purchases ................................................. +$5.43
Interest charge calculation Days in billing cycle: 30 Total Earned: $16.51
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual percentage Balance subject
Balance type rate (APR) to interest rate Interest charge
PURCHASES
Standard Purch 15.24% (V) $0.00 (D) $0.00
ADVANCES
Standard Adv 25.24% (V) $0.00 (D) $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
by (V) may vary. Balances followed by (D) are determined by the daily balance method
(including current transactions). » Visit citi.com/Costco
for more information
Account messages
The United States Postal Office (USPS) is making changes to its mail delivery 1 Upto $7,000 per year in purchases, then
timelines and rates for certain First-Class Mail and Periodicals. For immediate 1% cash back
account access, you can enjoy faster delivery of communications, statements
and most legal notices by going paperless, sign up at www.citi.com/paperless.
www.citicards.com Customer Service 1-855-378-6467 Page 3 of 3
Speech/hearing impaired: 711
MZIA A DAY
Remember, any charges above your credit limit MUST BE PAID IN FULL by
your statement's payment due date.
Please be sure to pay on time. If you submit your payment by mail, we suggest
you mail it no later than 12/25/2021 to allow enough time for regular mail to
reach us.
©2021 Citibank, N.A.
Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc.
Visa is a registered trademark of Visa International Service Association and
used under license.
EXHIBIT B
Costco Anywhere Visa® Card by Citi
MZIA A DAY www.citicards.com
Member Since 2019 Account number ending in: 1783 Customer Service 1-855-378-6467
Billing Period: 06/04/22-07/05/22 TTY:711
PO Box 790046 ST. LOUIS, MO 63179-0046
JULY STATEMENT Account Summary
Minimum payment due: $2,746.89 Previous balance $2,706.88
New balance as of 07/05/22: $2,746.89 Payments -$0.00
Payment due date: 07/05/22 Credits -$0.00
See the back of this statement for important information about how to avoid Purchases +$0.00
paying interest on purchases. Cash advances +$0.00
Fees +$0.00
Interest +$40.01
Late Payment Warning: If we do not receive your minimum payment by the date New balance $2,746.89
listed above, you may have to pay a late fee of up to $40 and your APRs may be
increased up to the Penalty APR of 29.99%. Credit Limit
Minimum payment warning: If you make only the minimum payment each Credit Limit $6,500
period, you will pay more in interest, and it will take you longer to pay off Includes $2,000.00 cash advance limit
your balance. For example:
If you make no additional You will pay off the balance And you will end up
charges using this card shown on the statement in paying an estimated total
and each month you pay... about... of...
Only the minimum payment 1 months $2,747
For information about credit counseling services, call 1-877-337-8188.
For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019
Pay your bill from virtually anywhere Minimum payment due $2,746.89
with the Citi Mobile® App and Citi® Online
New balance $2,746.89
To download:
Text 'App15' to MyCiti (692484) Payment due date 07/05/22
or go to your device's app store.
Or visit www.citicards.com
Amount enclosed:
000000 NC 32 A 0 Account number ending in 1783
Please make check payable to Citi Cards.
MZIA A DAY Citi Cards
1307 TARANTO CIR PO BOX 78019
CARPINTERIA CA 93013-1206 Phoenix, AZ 85062-8019
1783
www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2
TTY:711
MZIA A DAY
CARDHOLDER SUMMARY
MZIA A DAY Card ending in 1783
New Charges $0.00
ACCOUNT SUMMARY
Sale Post
Date Date Description Amount
MZIA A DAY
No Activity
Fees Charged
TOTAL FEES FOR THIS PERIOD $0.00
Interest Charged
07/05 INTEREST CHARGED TO STANDARD PURCH $2.41
07/05 INTEREST CHARGED TO PUR PR-02/24/22. $37.60
TOTAL INTEREST FOR THIS PERIOD $40.01
2022 totals year-to-date
Total fees charged in 2022 $229.00
Total interest charged in 2022 $223.53
Interest charge calculation Days in billing cycle: 32
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual percentage Balance subject
Balance type rate (APR) to interest rate Interest charge
PURCHASES
Standard Purch 16.74% (V) $164.34 (D) $2.41
Pur Pr 022422 16.74% (V) $2,561.87 (D) $37.60
ADVANCES
Standard Adv 26.74% (V) $0.00 (D) $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
by (V) may vary. Balances followed by (D) are determined by the daily balance method
(including current transactions).
Account messages
Please note that if we received your pay by phone or online payment between
5 p.m. ET and midnight ET on the last day of your billing period, your payment
was credited as of the date of receipt, but will not be reflected until your next
statement.
Reminder: Your account is 6 payment(s) past due
Please make at least your minimum payment today to avoid any additional
fees that may apply and bring your account up to date.
To make a payment visitpaymentsolutions.citicards.com.
If you're having difficulty making payments, please call a Citi Client First
Account Specialist, we can provide you with information and payment options
that may be available on all of your Citibank accounts. You can reach us
Monday - Friday 7:00AM - 10:00PM; Saturday 7:00AM - 7:00PM; Sunday
8:00AM - 7:00PM Central time at 1-866-680-8625 (TTY: 1-800-926-5818 for
hearing and speech impaired services only).
©2022 Citibank, N.A.
Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc.
Visa is a registered trademark of Visa International Service Association and
used under license.
Preview
ELECTRONICALLY FILED File No. 23-13126-0 Superior Court of California Robert Scott Kennard County of Santa Barbara 1 Darrel E. Parker, Executive Officer State Bar No. 117017 6/21/2023 9:42 AM 2 Gloria Zarco By: Preston Frye , Deputy State Bar No. 199702 3 NELSON & KENNARD 4 5011 Dudley Blvd., Bldg. 250, Bay G McClellan, CA 95652-1020 5 P.O. Box 13807 Sacramento, CA 95853 6 Telephone: (916) 920-2295 Facsimile: (916) 920-0682 7 8 Attorneys for Plaintiff CAVALRY SPV I, LLC as assignee of Citibank, N.A. 9 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA ANACAPA DIVISION - LIMITED CIVIL CASE 11 12 CAVALRY SPV I, LLC as assignee of CASE NO. 23CV02649 Citibank, N.A. 13 COMPLAINT FOR ACCOUNT STATED; Plaintiff, MONEY LENT 14 vs. 15 (DEMAND AMOUNT: $2,746.89) 16 MZIA A DAY and DOES 1 to 10, Inclusive, 17 18 Defendants. 19 Plaintiff alleges and complains as follows: 20 PRELIMINARY ALLEGATIONS 21 22 Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, N.A., 23 as issuer of the Costco credit card account, complains of 24 Defendants, and each of them, singularly and collectively, that: 25 1. The true names and capacities of Defendants herein sued by 26 the fictitious names as DOES 1 to 10, Inclusive, are unknown to 27 Plaintiff, who therefore sues those Defendants under, pursuant to, 28 1 Complaint 1 and in accordance with the provisions of Section 474 of the Code of 2 Civil Procedure. Plaintiff will ask leave of court to amend this 3 complaint as and when the true names and capacities of Defendants 4 named herein as DOES 1 to 10 have been ascertained. 5 2. At all times herein mentioned, Defendants, and each of 6 them, were the agents, servants and employees of each other and 7 8 every remaining Defendant, and in doing the things alleged, were 9 acting in the course and scope of said authority of such agents, 10 servants, and employees. 11 3. Plaintiff is now and was at all times herein mentioned a 12 limited liability company, authorized to do business in the State of 13 California. 14 4. Plaintiff is a debt buyer as defined by Section 1788.50 of 15 16 the CA Civil Code. Plaintiff and Plaintiff’s counsel’s application 17 for license pursuant to Financial Code Section 100000 et. seq. are 18 pending issuance with the Nationwide Multistate Licensing and 19 Registry and/or the California Department of Financial Protection 20 and Innovation. 21 5. Section 1788.50 of the CA Civil Code is applicable to this 22 action as the debt subject to this lawsuit was purchased by 23 24 Plaintiff after January 1, 2014. Plaintiff is the sole owner of the 25 debt at issue. 26 6. Plaintiff is in compliance with Section 1788.52 of the CA 27 Civil Code. Attached hereto as Exhibit A is a true and correct copy 28 2 Complaint 1 of a monthly account statement that was sent to the Defendant while 2 the account was active, which demonstrates that the debt was 3 incurred by the Defendant. 4 7. The nature of the underlying debt is a credit agreement 5 entered into between the charge-off creditor and the Defendant. The 6 Defendant obtained credit to use for the purchase of certain goods 7 8 and services and used the account for that purpose. 9 8. The name of the charge-off creditor is Citibank, N.A., as 10 issuer of the Costco card account. The address of the charge-off 11 creditor at the time of charge-off was PO BOX 78019 Phoenix, AZ 12 85062-8019. The last four digits of the charge-off account number 13 are XXXXXXXXXXXX1783. 14 9. The name and last known address of the Defendant as they 15 16 appeared in the charged-off creditor's records prior to the sale of 17 the debt was MZIA A DAY, 1307 TARANTO CIR CARPINTERIA, CA 93013- 18 1206. 19 10. The name and address of all entities that purchased the 20 debt after charge-off is/are: CAVALRY SPV I, LLC, 1 AMERICAN LANE, 21 SUITE 220, GREENWICH, CONNECTICUT 06831. 22 11. Plaintiff is informed and believes and thereon alleges 23 24 that Defendant MZIA A DAY is an individual who resides in the City 25 of Carpinteria, County of Santa Barbara, State of California. 26 12. Before commencement of this action, in those cases where 27 recovery of costs is dependent on such notices, Plaintiff informed 28 3 Complaint 1 the Defendant(s) in writing that it intended to file this action and 2 that this action may result in a judgment against Defendant(s) that 3 might include court costs and necessary disbursements allowed by 4 C.C.P. § 1033(b)(2). 5 FIRST CAUSE OF ACTION 6 (Account Stated) 7 13. Plaintiff repeats and repleads and incorporates by 8 reference the allegations made in Paragraphs I through 12 of this 9 complaint. 10 14. The balance due at charge off was $2,746.89. After 11 12 deduction for all post charge off offsets and credits, if any, there 13 is now due, owing and unpaid from Defendant to Plaintiff the current 14 balance of $2,746.89, and upon information and belief there is $0.00 15 in post charge-off fees and $0.00 in post charge-off interest. 16 15. Defendants were indebted to the charge-off creditor, 17 Citibank, N.A., as issuer of the Costco card account, in the amount 18 of $2,746.89 on an account stated in writing. Please see the 19 20 statement of account reflecting the indebtedness attached hereto as 21 Exhibit B. This Citibank, N.A. credit card account was for credit 22 card purchases and/or cash advances. Defendant was billed monthly 23 and failed to dispute as required under the Federal Fair Billing Act 24 applicable to such account (15 U.S.C. $ 1666 et seq.). 25 16. The date of last payment made on the account was November 26 21, 2021. 27 28 4 Complaint 1 17. Prior to filing this complaint, all right, title and 2 interest in the account which is the subject of this lawsuit, 3 Account Number XXXXXXXXXXXX1783, was sold and assigned by Citibank, 4 N.A. as issuer of the Costco credit card account, to CAVALRY SPV I, 5 LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue. 6 18. Plaintiff made demand on defendants for payment of that 7 8 sum, but no part of that sum has been paid to plaintiff, and the 9 entire amount is now due and unpaid. 10 19. Neither the whole nor any part of the above charged-off 11 sum has been paid, although payment has been demanded, leaving a 12 balance due, owing and unpaid to Plaintiff in the amount of 13 $2,746.89 and together with costs of suit. 14 SECOND CAUSE OF ACTION 15 (Money Lent) 16 20. Plaintiff repeats and repleads and incorporates by 17 reference the allegations made in Paragraphs 1 through 20 of this 18 complaint. 19 20 21. The balance due at charge off was $2,746.89. After 21 deduction for all post charge off offsets and credits, if any, there 22 is now due, owing and unpaid from Defendant to Plaintiff the current 23 balance of $2,746.89. 24 22. Within the last four years, Defendant became indebted to 25 the charge-off creditor, Citibank, N.A., Costco credit card account, 26 in the amount of $2,746.89 for money lent to or paid out for the 27 28 5 Complaint 1 benefit of Defendant at his/her request, based on Defendant's use 2 and benefit of his/her account. 3 23. The date of last payment made on the account was November 4 21, 2021. 5 24. Neither the whole nor any part of the above charged-off 6 sum has been paid, although payment has been demanded, leaving a 7 8 balance due, owing and unpaid to Plaintiff in the amount of 9 $2,746.89 together with costs of suit. 10 WHEREFORE, plaintiff prays for judgment against Defendants, and 11 each of them, jointly and severally, as follows: 12 FOR THE FIRST CAUSE OF ACTION 13 (1) Damages in the sum $2,746.89; 14 (2) Costs of Suit and; 15 16 (3) Such other relief as the Court may deem just and proper. 17 FOR THE SECOND CAUSE OF ACTION 18 (1) Damages in the sum $2,746.89; 19 (2) Costs of Suit and; 120632.83 20 (3) Such other relief as the Court may deem just and proper. 21 NELSON & KENNARD 22 23 Dated: June 09, 2023 By:______________________________ 24 Gloria Zarco Attorney for Plaintiff November 22, 20217/05/22 25 26 27 28 6 Complaint 1 VERIFICATION 2 3 I, Gloria Zarco, declare: 4 1. I am an attorney at law duly admitted and licensed to 5 practice before all courts of the State of California and I have my 6 professional offices at 5011 Dudley Blvd., Bldg. 250, Bay G, 7 8 McClellan, Sacramento County, California. 9 2. I am the attorney of record for Plaintiff in the above- 10 entitled matter. Said Plaintiff is absent from the county in which 11 I have my office and for that reason, I am making this verification 12 on its behalf. 13 3. I have read the foregoing Complaint and know the content 14 thereof. Venue lies properly with this court because Defendant 15 16 either resides in this judicial district at the time this action is 17 commenced, or the contract was in fact signed by the Defendant in 18 this judicial district. 19 4. As to all other matters, I am informed and believe that 20 the matters stated therein are true and, on that ground, I allege 21 the matters stated therein are true. 22 I declare under penalty of perjury of the laws of the State of 23 24 California that the foregoing is true and correct. 25 Executed at Fullerton, California. 26 Dated: June 09, 2023 ______________________________ Gloria Zarco 27 28 1 VERIFICATION EXHIBIT A Costco Anywhere Visa® Card by Citi MZIA A DAY www.citicards.com Member Since 2019 Account number ending in: 1783 Customer Service 1-855-378-6467 Billing Period: 11/04/21-12/03/21 Speech/hearing impaired: 711 PO Box 790046 ST. LOUIS, MO 63179-0046 DECEMBER STATEMENT Account Summary Minimum payment due: $35.00 Previous balance $32.83 New balance as of 12/03/21: $1,097.38 Payments -$32.83 Payment due date: 01/01/22 Credits -$0.00 Purchases +$1,097.38 Cash advances +$0.00 Fees +$0.00 Interest +$0.00 Late Payment Warning: If we do not receive your minimum payment by the date New balance $1,097.38 listed above, you may have to pay a late fee of up to $40 and your APRs may be increased up to the Penalty APR of 29.99%. Credit Limit For information about credit counseling services, call 1-877-337-8187. Credit Limit $6,500 Includes $2,000.00 cash advance limit Available Credit Limit $5,402 Includes $2,000 available for cash advance Costco Cash Rewards Summary as of 12/03/21 $118.10 » See page 3 for more information about your rewards For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019 Pay your bill from virtually anywhere Minimum payment due $35.00 with the Citi Mobile® App and Citi® Online New balance $1,097.38 To download: Text 'App15' to MyCiti (692484) Payment due date 01/01/22 or go to your device's app store. Or visit www.citicards.com Amount enclosed: 000000 NC 00 A 0 Account number ending in 1783 Please make check payable to Citi Cards. MZIA A DAY Citi Cards 1307 TARANTO CIR PO BOX 78019 CARPINTERIA CA 93013-1206 Phoenix, AZ 85062-8019 1783 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 3 Speech/hearing impaired: 711 MZIA A DAY CARDHOLDER SUMMARY MZIA A DAY Card ending in 1783 Costco Cash New Charges $1,097.38 Rewards Summary ACCOUNT SUMMARY Total Costco Cash Rewards Balance: Sale Date Post Date Description Amount $118.10 Payments, Credits and Adjustments 11/21 PAYMENT THANK YOU -$32.83 Costco Cash Rewards Summary Costco Cash Rewards balance as of last statement ........................... +$101.59 MZIA A DAY Earned this period ................................. +$16.51 Standard Purchases 11/17 11/17 SALLY BEAUTY #1614 GOLETA CA $37.24 11/17 11/17 TRADER JOE'S #110 QPS GOLETA CA $70.25 Total Costco Cash Rewards Balance Year To Date : $118.10 11/17 11/17 COSTCO WHSE #0474 GOLETA CA $262.97 11/19 11/19 USPS PO 0513320113 CARPINTERIA CA $16.25 11/19 11/19 USPS PO 0513320113 CARPINTERIA CA $141.40 11/19 11/19 ALBERTSONS #0355 CARPINTERIA CA $7.95 11/19 11/19 CARPINTERIA VALLEY LUMBE CARPINTERIA CA $24.94 11/23 11/23 SMART AND FINAL 914 SANTA BARBARACA $19.58 11/23 11/23 TRADER JOE'S #183 QPS SANTABARBARA CA $113.59 11/29 11/29 EUROPEAN DELI & MARKET SANTA BARBARACA $67.82 11/29 11/29 STAPLES 00108894 GOLETA CA $44.17 Costco Cash Rewards 11/29 11/29 COSTCO WHSE #0474 GOLETA CA $291.22 Earned This Period Fees Charged 4% on eligible gas worldwide, including gas at Costco 1 ......................................... +$0.00 TOTAL FEES FOR THIS PERIOD $0.00 3% on restaurants ................................. +$0.00 Interest Charged 3% on eligible travel worldwide.......... +$0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2% on Costco and Costco.com .............................................. +$11.08 2021 totals year-to-date Total fees charged in 2021 $0.00 1% on all other Total interest charged in 2021 $0.00 purchases ................................................. +$5.43 Interest charge calculation Days in billing cycle: 30 Total Earned: $16.51 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 15.24% (V) $0.00 (D) $0.00 ADVANCES Standard Adv 25.24% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). » Visit citi.com/Costco for more information Account messages The United States Postal Office (USPS) is making changes to its mail delivery 1 Upto $7,000 per year in purchases, then timelines and rates for certain First-Class Mail and Periodicals. For immediate 1% cash back account access, you can enjoy faster delivery of communications, statements and most legal notices by going paperless, sign up at www.citi.com/paperless. www.citicards.com Customer Service 1-855-378-6467 Page 3 of 3 Speech/hearing impaired: 711 MZIA A DAY Remember, any charges above your credit limit MUST BE PAID IN FULL by your statement's payment due date. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 12/25/2021 to allow enough time for regular mail to reach us. ©2021 Citibank, N.A. Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc. Visa is a registered trademark of Visa International Service Association and used under license. EXHIBIT B Costco Anywhere Visa® Card by Citi MZIA A DAY www.citicards.com Member Since 2019 Account number ending in: 1783 Customer Service 1-855-378-6467 Billing Period: 06/04/22-07/05/22 TTY:711 PO Box 790046 ST. LOUIS, MO 63179-0046 JULY STATEMENT Account Summary Minimum payment due: $2,746.89 Previous balance $2,706.88 New balance as of 07/05/22: $2,746.89 Payments -$0.00 Payment due date: 07/05/22 Credits -$0.00 See the back of this statement for important information about how to avoid Purchases +$0.00 paying interest on purchases. Cash advances +$0.00 Fees +$0.00 Interest +$40.01 Late Payment Warning: If we do not receive your minimum payment by the date New balance $2,746.89 listed above, you may have to pay a late fee of up to $40 and your APRs may be increased up to the Penalty APR of 29.99%. Credit Limit Minimum payment warning: If you make only the minimum payment each Credit Limit $6,500 period, you will pay more in interest, and it will take you longer to pay off Includes $2,000.00 cash advance limit your balance. For example: If you make no additional You will pay off the balance And you will end up charges using this card shown on the statement in paying an estimated total and each month you pay... about... of... Only the minimum payment 1 months $2,747 For information about credit counseling services, call 1-877-337-8188. For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019 Pay your bill from virtually anywhere Minimum payment due $2,746.89 with the Citi Mobile® App and Citi® Online New balance $2,746.89 To download: Text 'App15' to MyCiti (692484) Payment due date 07/05/22 or go to your device's app store. Or visit www.citicards.com Amount enclosed: 000000 NC 32 A 0 Account number ending in 1783 Please make check payable to Citi Cards. MZIA A DAY Citi Cards 1307 TARANTO CIR PO BOX 78019 CARPINTERIA CA 93013-1206 Phoenix, AZ 85062-8019 1783 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY:711 MZIA A DAY CARDHOLDER SUMMARY MZIA A DAY Card ending in 1783 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount MZIA A DAY No Activity Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 07/05 INTEREST CHARGED TO STANDARD PURCH $2.41 07/05 INTEREST CHARGED TO PUR PR-02/24/22. $37.60 TOTAL INTEREST FOR THIS PERIOD $40.01 2022 totals year-to-date Total fees charged in 2022 $229.00 Total interest charged in 2022 $223.53 Interest charge calculation Days in billing cycle: 32 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 16.74% (V) $164.34 (D) $2.41 Pur Pr 022422 16.74% (V) $2,561.87 (D) $37.60 ADVANCES Standard Adv 26.74% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment was credited as of the date of receipt, but will not be reflected until your next statement. Reminder: Your account is 6 payment(s) past due Please make at least your minimum payment today to avoid any additional fees that may apply and bring your account up to date. To make a payment visitpaymentsolutions.citicards.com. If you're having difficulty making payments, please call a Citi Client First Account Specialist, we can provide you with information and payment options that may be available on all of your Citibank accounts. You can reach us Monday - Friday 7:00AM - 10:00PM; Saturday 7:00AM - 7:00PM; Sunday 8:00AM - 7:00PM Central time at 1-866-680-8625 (TTY: 1-800-926-5818 for hearing and speech impaired services only). ©2022 Citibank, N.A. Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc. Visa is a registered trademark of Visa International Service Association and used under license.