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1 File No. 24-03213-0
Robert Scott Kennard
2 State Bar No. 117017 ELECTRONICALLY
Kristen Dean
3 State Bar No. 321178
FILED
Superior Court of California,
4 NELSON & KENNARD County of San Francisco
5011 Dudley Blvd., Bldg. 250, Bay G 03/25/2024
5 McClellan, CA 95652-1020 Clerk of the Court
BY: JEFFREY FLORES
P.O. Box 13807 Deputy Clerk
6 Sacramento, CA 95853
Telephone: (916) 920-2295
7 Facsimile: (916) 920-0682
8
Attorneys for Plaintiff
9 LVNV FUNDING LLC as assignee of Credit One Bank, N.A.
10
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
11 LIMITED CIVIL CASE
12
LVNV FUNDING LLC as assignee of CASE NO.
CGC-24-613344
13 Credit One Bank, N.A.
COMPLAINT FOR ACCOUNT STATED;
14 Plaintiff, MONEY LENT
15 vs.
(DEMAND AMOUNT: $1,464.12)
16
SERGIO CANJURA
17
and DOES 1 to 10, Inclusive,
18
Defendants.
19
20 Plaintiff alleges and complains as follows:
21
PRELIMINARY ALLEGATIONS
22
Plaintiff, LVNV FUNDING LLC, as assignee of Credit One Bank,
23
N.A., as issuer of the credit card account, complains of
24
Defendants, and each of them, singularly and collectively, that:
25
26 1. The true names and capacities of Defendants herein sued by
27 the fictitious names as DOES 1 to 10, Inclusive, are unknown to
28 Plaintiff, who therefore sues those Defendants under, pursuant to,
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 Credit One Bank,
10 N.A., as issuer of the card account. The address of the charge-off
11 creditor at the time of charge-off was , PO BOX 60500, CITY OF
12
INDUSTRY CA 91716-0500. The last four digits of the charge-off
13
account number are XXXXXXXXXXXX1044.
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 SERGIO CANJURA, 10 CASTLE MANOR AVE APT 6, SAN
18 FRANCISCO CA 94112-1531.
19 10. The name and address of all entities that purchased the
20
debt after charge-off is/are: LVNV FUNDING LLC, 355 S Main Street,
21
Suite 300-D Greenville, SC 29601.
22
11. Plaintiff is informed and believes and thereon alleges
23
24 that Defendant SERGIO CANJURA is an individual who resides in the
25 City of San Francisco, County of San Francisco, 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 $1,464.12. 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 $1,464.12, 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
Credit One Bank, N.A., as issuer of the card account, in the amount
18
of $1,464.12 on an account stated in writing. Please see the
19
20 statement of account reflecting the indebtedness attached hereto as
21 Exhibit B. This Credit One Bank, N.A. credit card account was for
22 credit card purchases and/or cash advances. Defendant was billed
23 monthly and failed to dispute as required under the Federal Fair
24
Billing Act applicable to such account (15 U.S.C. $ 1666 et seq.).
25
16. The date of last payment made on the account was July 24,
26
2020.
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 XXXXXXXXXXXX1044, was sold and assigned by Credit One
4
Bank, N.A. as issuer of the credit card account, to LVNV FUNDING
5
LLC. LVNV FUNDING 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
$1,464.12 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 $1,464.12. 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 1,464.12.
24
22. Within the last four years, Defendant became indebted to
25
the charge-off creditor, Credit One Bank, N.A., credit card
26
account, in the amount of $1,464.12 for money lent to or paid out
27
28
5
Complaint
1 for the benefit of Defendant at his/her request, based on
2 Defendant's use and benefit of his/her account.
3 23. The date of last payment made on the account was July 24,
4
2020.
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 $1,464.12 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 $1,464.12;
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 $1,464.12;
19 (2) Costs of Suit and; 100.00
20
(3) Such other relief as the Court may deem just and proper.
21
NELSON & KENNARD
22
23 Dated: March 18, 2024 By:______________________________
24 Kristen Dean
Attorney for Plaintiff July 24,
20209/18/17
25
26
27
28
6
Complaint
1
VERIFICATION
2
3 I, Kristen Dean, 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: March 18, 2024 ______________________________
Kristen Dean
27
28
1
VERIFICATION
EXHIBIT A
EXHIBIT B
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1 File No. 24-03213-0 Robert Scott Kennard 2 State Bar No. 117017 ELECTRONICALLY Kristen Dean 3 State Bar No. 321178 FILED Superior Court of California, 4 NELSON & KENNARD County of San Francisco 5011 Dudley Blvd., Bldg. 250, Bay G 03/25/2024 5 McClellan, CA 95652-1020 Clerk of the Court BY: JEFFREY FLORES P.O. Box 13807 Deputy Clerk 6 Sacramento, CA 95853 Telephone: (916) 920-2295 7 Facsimile: (916) 920-0682 8 Attorneys for Plaintiff 9 LVNV FUNDING LLC as assignee of Credit One Bank, N.A. 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 11 LIMITED CIVIL CASE 12 LVNV FUNDING LLC as assignee of CASE NO. CGC-24-613344 13 Credit One Bank, N.A. COMPLAINT FOR ACCOUNT STATED; 14 Plaintiff, MONEY LENT 15 vs. (DEMAND AMOUNT: $1,464.12) 16 SERGIO CANJURA 17 and DOES 1 to 10, Inclusive, 18 Defendants. 19 20 Plaintiff alleges and complains as follows: 21 PRELIMINARY ALLEGATIONS 22 Plaintiff, LVNV FUNDING LLC, as assignee of Credit One Bank, 23 N.A., as issuer of the credit card account, complains of 24 Defendants, and each of them, singularly and collectively, that: 25 26 1. The true names and capacities of Defendants herein sued by 27 the fictitious names as DOES 1 to 10, Inclusive, are unknown to 28 Plaintiff, who therefore sues those Defendants under, pursuant to, 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 Credit One Bank, 10 N.A., as issuer of the card account. The address of the charge-off 11 creditor at the time of charge-off was , PO BOX 60500, CITY OF 12 INDUSTRY CA 91716-0500. The last four digits of the charge-off 13 account number are XXXXXXXXXXXX1044. 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 SERGIO CANJURA, 10 CASTLE MANOR AVE APT 6, SAN 18 FRANCISCO CA 94112-1531. 19 10. The name and address of all entities that purchased the 20 debt after charge-off is/are: LVNV FUNDING LLC, 355 S Main Street, 21 Suite 300-D Greenville, SC 29601. 22 11. Plaintiff is informed and believes and thereon alleges 23 24 that Defendant SERGIO CANJURA is an individual who resides in the 25 City of San Francisco, County of San Francisco, 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 $1,464.12. 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 $1,464.12, 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 Credit One Bank, N.A., as issuer of the card account, in the amount 18 of $1,464.12 on an account stated in writing. Please see the 19 20 statement of account reflecting the indebtedness attached hereto as 21 Exhibit B. This Credit One Bank, N.A. credit card account was for 22 credit card purchases and/or cash advances. Defendant was billed 23 monthly and failed to dispute as required under the Federal Fair 24 Billing Act applicable to such account (15 U.S.C. $ 1666 et seq.). 25 16. The date of last payment made on the account was July 24, 26 2020. 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 XXXXXXXXXXXX1044, was sold and assigned by Credit One 4 Bank, N.A. as issuer of the credit card account, to LVNV FUNDING 5 LLC. LVNV FUNDING 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 $1,464.12 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 $1,464.12. 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 1,464.12. 24 22. Within the last four years, Defendant became indebted to 25 the charge-off creditor, Credit One Bank, N.A., credit card 26 account, in the amount of $1,464.12 for money lent to or paid out 27 28 5 Complaint 1 for the benefit of Defendant at his/her request, based on 2 Defendant's use and benefit of his/her account. 3 23. The date of last payment made on the account was July 24, 4 2020. 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 $1,464.12 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 $1,464.12; 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 $1,464.12; 19 (2) Costs of Suit and; 100.00 20 (3) Such other relief as the Court may deem just and proper. 21 NELSON & KENNARD 22 23 Dated: March 18, 2024 By:______________________________ 24 Kristen Dean Attorney for Plaintiff July 24, 20209/18/17 25 26 27 28 6 Complaint 1 VERIFICATION 2 3 I, Kristen Dean, 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: March 18, 2024 ______________________________ Kristen Dean 27 28 1 VERIFICATION EXHIBIT A EXHIBIT B