Complaint,Petition: CAVALRY SPV I LLC vs CUBILLO , MANUEL

On February 26, 2024 a Complaint,Petition was filed involving a dispute between Cavalry Spv I Llc, and Manuel Cubillo, for 3.740 Collections: Small Claims Juris Limited $0 - $10,000 in the District Court of Stanislaus County.

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Electronically Filed
2/26/2024 8:00 AM
Christopher D. Mandarich SB 220693 Superior Court of Californi
Teona Pipia SB 343337 County of Stanislaus
Martin Weingarten SB 201906 Clerk of the Court
MANDARICH LAW GROUP, LLP. By: Raquel Enriquez, Deputy
P.O. Box 109032 Chicago, IL 60610 $181 PAID
Phone: 877.285.4918
Facsimile: 818.888.1260
Mandarich Law Group, LLP California Debt Collector License Number 10795-99.
Attorneysfor Plaintiff: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF STANISLAUS - LIMITED
CV-24-001509
CAVALRY SPV I, LLC, AS ASSIGNEE OF Case No.
CITIBANK, N.A.,
Plaintiff, COMPLAINT FOR:

10 vs. 1. ACCOUNT STATED
2. OPEN BOOK ACCOUNT
11 MANUEL CUBILLO, an individual;
12 and DOES | through 10 inclusive.
Defendant. DEMAND: $4,118.35
Ths cas nas teen sgn o98Sandhu, Sonny S.
13

14 Department ____ forall purposes including Trl
Plaintiff alleges:
15
FACTS COMMON TO ALL CAUSES OF ACTION
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1.Plaintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE)
17
OF CITIBANK, N.A., and successor in interest to original creditor, CITIBANK, N.A..
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2.Plaintiff is the only entity that purchased the debt after charge-off and its name an
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address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. 1 Americai
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Lane Suite 220 Greenwich, CT 06831.
21
3.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 Number 10630-99.
23
4.The charge-off creditor at the time of charge-off is CITIBANK, N.A., PO BOX 9001006
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LOUISVILLE, KY 40290-1006, and the account number associated with this debt is)
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XXXXXXXXXXXX5253.
26

27 5.Plaintiff is informed and believes that Defendant are individuals who currently reside|

i
COMPLAINT-1 of 5
within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the prope

Court for trial of this action.

6.The name and last known address of the debtor as they appeared in the charge-off|

creditor’s records prior to the sale of the debt is MANUEL CUBILLO, 2020 CENTRAL PARK|

WAY , MODESTO, CA 95351-4491.

7.Plaintiff is unaware of the true names or capacities, whether individual, corporate,

associate or otherwise of the Defendant sued herein as DOES | through 10 inclusive, and therefore,

sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true
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
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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.
15
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, CITIBANK, N.A. or made such|
17
application over the telephone or Internet. Pursuant to the aforementioned application,
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CITIBANK, N.A. provided Defendant with a credit account, and granted use privileges on the|
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same, account number XXXXXXXXXXXX5253 (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 CITIBANK, N.A. and any successors in interest, for any
23
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|
27
28

COMPLAINT-2 of 5
==

a].
and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to]

repay CITIBANK, N.A. and its successors in interest for the amount of the purchase and/or cash|

advances and/or balance transfers.

13.Monthly statements were sent to Defendant which itemized all payments made and|

charges due on the Account.

14.The date of last payment on the subject account was on July 1, 2021.
15.Within the last four years, the Defendant failed to make payments as agreed on the|

Account. Defendant has failed, refused and neglected to pay amounts due on the Account.

16.The debt balance at charge-off was $4,118.35, and upon information and belief there is|
10
$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 $4,118.35.
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, CITIBANK, N.A. and successors in interest including|
16
Plaintiff have duly performed all promises, conditions and agreements herein.
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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 and/or Account Records provided to the Defendant while the account was|
20
active, demonstrating that the debt was incurred by the Defendant as described in California Civil]
21
Code section 1788.52(b).
22
22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy|
23
of the Final Billing Statement and/or Transaction History.
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23.Upon opening the Account with CITIBANK, N.A., the Defendant(s) agree to reimburse
25
CITIBANK, N.A., and hence Plaintiff as successor in interest for the costs related to the collection|
26
of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group,
27
28

COMPLAINT-3 of 5 a a
LLP to pursue collection of the amount due hereunder.

FIRST CAUSE OF ACTION

(Account Stated)

24.Plaintiff refers to and incorporates paragraphs | through 23.

25.Within the past 4 years, an account was stated in writing in which it was agreed that}

Defendant were indebted in the amount previously referenced herein. Although demand has been|

made upon Defendant, said amount of $4,118.35 has not been paid, and it is now due, owing and|

10 unpaid from Defendant to Plaintiff, as successor in interest.

12 SECOND CAUSE OF ACTION

13 (Open Book Account)

14 26.Plaintiff refers to and incorporates paragraphs | 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 CITIBANK, N.A.. Although demand has been made upon Defendant,
18
said amount of $4,118.35 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

27
28

COMPLAINT-4 of 5 a a
WHEREFORE, Plaintiff prays for judgment against the Defendant as follows

For the damages and money in the sum of $4,118.35

For reasonable attorneys fees pursuant to statute:

For costs of suit incurred; and

For such other and further relief as the Court deems just and proper.

Plaintiff remits all damages in excess of the jurisdictional amount of this Court.

11 Dated: 02/14/2024 By MANDARICH LAW GROUP, LLP

12
13

14 ole
[X] ChristopherD. Mandarich, Esq.
15 Attorneysfor Plaintiff

18
19
20

24
25

COMPLAINT-S of 5

az
Ais
EXHIBIT A
Account Statement
‘Send Notice of Billing Errors and Customer Service Inquiries to:
Customer Service: BRANDSOURCE
PO Box 6403, Sioux Falls SD 57117-6403

SOURCE’
brandsour intonline.com
Account Inquiries:
1-888-653-4320 (TTY: 711) unt Number: i 5253
os

(Summary of Account Activity (Payment Information
Previous Balance $3,935.56 New Balance $3,817.56
Payments -$118.00 Minimum Payment Due $39.00
Other Credits -$0.00 Payment Due Date August 24, 2021
Purchases +$0.00
Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged +$0.00 date listed above, you may have to pay alate fee up to $40.
Interest Charged +$0.00 Minimum Payment Warning: If you make only the minimum payment each
New Balance $3,817.56 petiod, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Past Due Amount $0.00 If you make no additional You will pay off the And you will
charges using this card balance shown on this end up paying an
and each month you pay... Statement in about... estimated total of...
(Credit Limit $4,000.00 Only the minimum payment 22 years $20,585
Available Credit $182.00 $210 3 years $7,545
Amount Over Credit Limit $0.00 (Savings=$13,040)
Statement Closing Date 07/28/2021 Ifyou would like information about credit counseling services, call 1-877-337-8197
(TTY: 711).
Next Statement Closing Date 08/27/2021
(Days in Billing Cycle 31)
You must pay your promotional balance of $3,817.56 in full by 10/24/22 to avoid paying deferred interest charges.

Please update your phone number, including cell phone number on the back of the payment coupon.
Marketing offers included in this statement are intended for residents of the United States and its Territories.
TRANSACTIONS
Trans Date Description Reference # Amount
07/01 DEBIT CARD PAYMENT-THANK YOU TN P9194005NEKSGEQ1L $ 118.00-
FEES
TOTAL FEES FOR THIS PERIOD $ 0.00

SPECIAL FINANCING AVAILABLE
Ask an associate for details Byrd NEWS.
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 This Account is Issued by Citibank, N.A.
¥ sure | proper
Please detach and return lower portion with your paymenttte_to, ensure credit Retain
roper credit. tain tupper aes,
Your Account Number is NE 5253

SOURCE
PO. Box 790304
Payment Due Date
New Balance
August 24, 2021
$3,817.56
SI. Louis, MO 63179 Pay your bill and more via your
Account Online Past Due Amount $0.00
Minimum Payment Due $39.00
Statement Enclosed brandsourcecard.accountonline.com
Amount Enclosed: $
.
Please print address changes on the reverse side.
Make Checks Payable tow

BRANDSOURCE
MANUEL CUBILLO PO BOX 9001006
2020 CENTRAL PARK WAY LOUISVILLE, KY 40290-1006
MODESTO, CA 95351-4491

a
Information About Your Account. + Agent-Assisted Phone Payments. if you call us to make a payment with the assistance
How to Avoid Paying Interest on Purchases. Your payment due date is. least 25 days after of alive agent, the payment will be applied the same day and you will be charged a $5.00
the close of each billing cycle. We will not charge you any interest on purchases if you pay your agent expedited payment fee.
New Balance by the payment due date each month. This is called a grace period on purchases. Express Mail. Send payment by express mail to: Consumer Payment Dept. 6716 Grade
To get a grace period on purchases, you must pay the New Balance by the payment due date Lane, Building9, Suite 910, Louisville, KY 40213.
every billing cyc’ 'f youdo not, you will not get grace period until you pay the New Balance Crediting Payments other than by Mail. The payment cutoff time for Online bill payments,
for two billing cycles in a row. We will begin charging interest on cash advances (if available on Phone payments, and Express Mail payments is midnight istern time. This means that we
your account) on the transaction date. will credit your account as of the calendar day, based on Eastern time, that we receive your
If you have a balance subject to a deferred interest and that promotion does not expire before payment request,
the payment due date, that balance (an "excluded balance") is excluded from the amount you If you send an eligible check with this payment coupon, you authorize us to complete your
must pay in ful to get a grace peri 1d on a purchase balance other than an excluded balance. payment by electronic debit. If we do, the checking account will be debited in the amount
In addition, if you havea major purchase plan, equal payment plan or budget purchase plan ‘on the check. We may do this as soon as the day we receive the check. Also,
balance, that baiance(an “excluded balance") is excluded from the amount you mustpay in the check will be destroyed.
full to get a grace period on a purchase balance other than an excluded balance. However, Credit Reporting Disputes. We may report information about your account to credit bureaus.
you must still pay any separately required payment on the excluded balance. in billing cycles If you think we reported inaccurate information, please write us at: Credit Bureau Dispute
in which payments are allocated to deferred interest balances first, the deferred interest Verification, P.O. Box 6497, Sioux Falls, SD S7117,
balance will be reduced before any other balance on the account. However, you will continue Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page
to get a grace period on purchases, other than an excluded balance, so long as you pay the
New Balance (less any excluded balance, plus any separately required payment on an excluded
balance) in full by the payment due date each billing cycle. We may refer to deferred interest What To Do If You Think You Find A Mistake On Your Statement. if you think there is an
promotions as No Interest or No Monthly interest promotions. error on your statement, write to us at the address for billing errors and customer service
In addition, certain promotional offers may take away the grace period on purchases, inquiries shown on Page of your statement.
Other promotional offers not described above may also allow you to have a grace period on, In your letter, give us the following information:
purchases without having to pay all or a portion of the promotional balance by the payment due 1. Ac wunt information: Your name and ac unt number.
date. if either is the case, the promotional offer will describe what happens. 2. Dollar amount: The doliar amount of the suspected error.
How We Calculate Your Balance Subject to Interest Rate. For each balance, thi letter 3. Description of Problem: if you think there is an error on your bill,
following the Annual Percentage Rate in the Interest Charge Calculation section on the front describe what you believe is wrong and why you believe it is a mistake
of the statement indicates the method we use to calculate interest charges. For Methods B You must contact us within 60 days after the error appeared on your statement.
and E, we use an average daily balance method (including current transactions) to calculate
interest charges. For MethodsC, D and M, we usea daily balance method (including current You must notify us of any potential errors in writing. You may call us, but if you do we are not
transactions) to calculate interest charges. To find out more information about the balance required to investigate any potential errors and you may have to pay the amount in question
computation method that applies to your account and how the resulting interest charges were White we investigate whether or not there has been an error, the following are true:
determined, contact us at the Account inquiries number on the front. + We cannot try to collect the amount in question, or report you as delinquent on that
Other Account and Payment Information. amount.
Payment Amount. You may pay all or part of your account balance at any time. However, you + The charge in question may remain on your statement, and we may continue to charge you
must pay, by the payment due date, at least the minimum payment due. interest on that amount. But, if we determine that we made a mistake, you will not have to
When Your Payment Will Be Credited. If we receive your payment in proper form at our pay the amount in question or any interest or other fees related to that amount.
proce ing facility by 5 p.m. local time there, it will be credited
as of that day. A payment + While you do not have to pay the arnount in question, you are responsible for the remainder
received there in proper form after that time will be credited as of the next day. Allow 5 to7 of your balance.
days for paymentsby regular mail to reach us. There may be a delay of up to 5 days in crediting We can apply any unpaid amount against your credit limit:
payment we receive that is not in proper form or is not sent to the correct address. The Your Rights If You Are Dissatisfied With Your Credit Card Purchases. if you are dissatisfied
correct address for regular mail is the address on the front of the payment coupon. The correct with the goods or services that you have purchased with your credit card, and you have tried
address for express mail is shown in the Express Mail section. in good faith to correct the problem with the merchant, you may have the right not to pay the
Proper Form. For a payment sent by mail or courier to be in proper form, you must: remaining amount due on the purchase.
+ Enclose a valid check or money order. No cash, gift cards, or foreign currency please, Touse this right, all of the following must be true:
+ Include your name and the last four di its of your account number. 1 The purchase must have been made in your home state or within 100 miles of your current
Payment Other Than By Mail. mailing address, and the purchase price must have been more than $50. (Note: Neither of
+ In-Store (Where Available). Any payment in proper form accepted in-store will be credited these are necessary if your purchase was based on an adve isement we mailed to you, or if
as of that day. However, credit availability may be subject to verification of funds. Not alf we own the company that sold you the goods or services.)
stores accept payments. Contact your local store to see if in-store payments are accepted 2. You must have used your credit card for the purchase. Purchases made with cash advances
at that loc ion. from an ATM or with a check that accesses your credit card account do not qualify.
‘Online/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. You 3. You must not yet have fully paid for the purchase.
can also enroll in AutoPay anc have your payment amount automatically deducted each If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in
month from the payment ac unt you choose. writing at the address for billing errors and customer service inquiries shown on Page 1 of your
Phone. Call the number on Page 1 of your statement to make a payment by phone. For statement.
phone payments, you authorize us to electronically debit your specified bank account by While we investigate, the same rules apply to the disputed amount as discussed above. After
an ACH transaction in the amount and on the date that you indicate on the phone. You may we finish our investigation, we will tell you our decision. At that point, if we think you owe an
ancela phone payment by ing usat the Customer Service number at the top of Page 1 amount and you do not pay, we may report you as delinquent.
within the time period disclosed to you on the phone. There is no fee for making a payment
using our automated voice response system. RPL PLAN FEB20
JAJ- NE - 9194-0604-0300 /B/- 00- - 1 /C/- -0- 65 /D/-P- - - 0-Y /E/-0- . . = 0-0 -/F/- 01/29/21 - 06/01/20 - 13 - June 27, 2021
1GI- N= JH/-O- BSSB - V -fl- 0-0 1
Page 2 of 4

Please provide change of address and update/add your
phone numbers‘ here: (Use blue or black ink.)

"Cell “Home:

“Phone: By giving us a cell number or a number later converted to a
cell number, you agree that we or our service providers can contact
you at that number by autodialer, recorded or artificial voice, or a text.
Your phone plan charges may apply.
Account: ***" ***" **** 5253
TRANSACTIONS (cont.)
Trans Date Description Reference # Amount
INTEREST CHARGED
TOTAL INTEREST FOR THIS PERIOD $ 0.00

2021
“Total Fees Charged in 2021 $108.00
Total Interest Charged in 2021 $0.00

ACTIVITY AND PROMOTIONS DETAIL
Original Purchases,
Promotion Promo Payments Cash Adv, Pr tion Deferred Promotion
Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration
Amount Date Balance Credits Other Debits _ Charged Balance Payment Due Charges Date
PURCHASES.
REGULAR
00 $39.00- - -
NO INT FOR BaMOS~ MO PYMT REG
$5,256.56 ogg20 $3,896.56 $79.00- - $3,817.56 - $1,216.80 10724/22
TOTAL $3,935.56 $118.00- $0.00 $0.00 $3,817.56 $0.00 $1,216.80

INTEREST CHARGE CALCULATION ‘Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Balance ‘Aviniual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge
PURCHASES
REGULAR 28.49% (M)(V) $0.00 $0.00
NO INT FOR 24MOS - MO PYMT REQ 28.49% (M)(V) - ~
(V) = Variable Rate

Page 3 of 4
THIS PAGE INTENTIONALLY LEFT BLANK

Page 4 of 4
EXHIBIT B
Account Statement
‘Send Notice of Billing Errors and Customer Service Inquiries to:
Customer Service: BRANDSOURCE
PO Box 6403, Sioux Falls SD 57117-6403

SOURCE’
brandsour intonline.com
Account Inquiries:
1-888-285-9500 (TTY: 711) unt Number: i 5253
os

(Summary of Account Activity (Payment Information
Previous Balance $4,072.71 New Balance $4,118.35
Payments -$0.00 Minimum Payment Due $621.00
Other Credits -$0.00 Payment Due Date March 24, 2022
Purchases +$0.00
Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged +$40.00 date listed above, you may have to pay alate fee up to $40.
Interest Charged +$5.64 Minimum Payment Warning: If you make only the minimum payment each
New Balance $4,118.35 petiod, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Past Due Amount $534.00 If you make no additional You will pay off the And you will
charges using this card balance shown on this end up paying an
and each month you pay... Statement in about... estimated total of...
(Credit Limit $0.00 Only the minimum payment 21 years $20,869
Available Credit $0.00 $260 3 years $9,352
Amount Over Credit Limit $218.35 (Savings=$11,517)
Statement Closing Date 02/25/2022 Ifyou would like information about credit counseling services, call 1-877-337-818
(TTY: 711).
Next Statement Closing Date 03/28/2022
(Days in Billing Cycle 28)
You must pay your promotional balance of $3,817.56 in full by 10/24/22 to avoid paying deferred interest charges.

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 will not be reflected until your next statement.
Please update your phone number, including cell phone number on the back of the payment coupon.
TRANSACTIONS
Trans Date Description Reference # Amount
FEES
02/24 LATE FEE $ 40.00
TOTAL FEES FOR THIS PERIOD $ 40.00

BNE 18
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 This Account is Issued by Citibank, N.A.
¥ sure | proper
Please detach and return lower portion with your paymenttte_to, ensure credit Retain
roper credit. tain tupper aes,
Your Account Number is NE 5253

SOURCE
PO. Box 790304
Payment Due Date
New Balance
March 24, 2022
$4,118.35
SI. Louis, MO 63179 Pay your bill and more via your
Account Online Past Due Amount! $534.00
Minimum Payment Due $621.00
Statement Enclosed brandsourcecard.accountonline.com
Amount Enclosed: $
.
‘Past Due Amount is included in the Minimum Payment Due.
Please print address changes on the reverse side.
Make Checks Payable tow

BRANDSOURCE
MANUEL CUBILLO PO BOX 9001006
2020 CENTRAL PARK WAY LOUISVILLE, KY 40290-1006
MODESTO, CA 95351-4491

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Complaint,Petition: CAVALRY SPV I LLC vs CUBILLO , MANUEL

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