Party Discovery: MIDLAND CREDIT MANAGEMENT INC. vs GOMEZ

On March 26, 2024 a Party Discovery was filed involving a dispute between Midland Credit Management Inc., and Felipe Gomez, for Civil Limited (Collections Case - Seller Pla...) in the District Court of Alameda County.

Preview
ROBERT K. HANNA, State Bar No.: 341970
JUNQIAO XIAO, State Bar No.: 341670
1 HYO JIN JULIA JUNG, State Bar No.: 316090
2 MICHAEL D. KAHN, State Bar No.: 236898
LAMONT FREEMAN, State Bar No.: 349862
3 Midland Credit Management, Inc.
350 CAMINO DE LA REINA, SUITE 100
4 SAN DIEGO, CA 92108
Telephone: (866) 300-8750
5
Facsimile: (858) 309-1588
6 CaliforniaLegal@mcmcg.com
CA Debt Collector License Number Pending
7 Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
8
COUNTY OF ALAMEDA
9
HAYWARD HALL OF JUSTICE - CIVIL DIVISION
10 MIDLAND CREDIT MANAGEMENT, INC. Case No.
11
Plaintiff, COMPLAINT FOR:
12
vs. (1) Account Stated
13
FELIPE GOMEZ; PRAYER AMT: $1,237.32
14
and DOES 1 through 10, inclusive LIMITED
15 Defendant.

16
MIDLAND CREDIT MANAGEMENT, INC., ("Plaintiff"), by counsel, sues FELIPE GOMEZ,
17
(“Defendant”) under Account Stated and in support thereof states:
18 1. Plaintiff is authorized to do business in CALIFORNIA, with its principal place of
19 business at 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff
20 owns portfolios of consumer receivables, which it attempts to collect. Plaintiff strives to

21 treat its consumers, such as Defendant, with respect, compassion and integrity, hoping to
provide mutually-beneficial opportunities for consumers to repay their debts and attain
22
financial recovery.
23
2. Defendant is a resident of ALAMEDA County, State of California and is subject to this
24
Court’s jurisdiction.
25 3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious
26 names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as
27 and when the true names and capacities of Defendants named herein as DOES 1 through

28 10 have been ascertained.
Pursuant to California Civil Code (“CA CIVIL”) §1788.58(a)(1)-(9), Plaintiff alleges:
4. Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a).

-1-
COMPLAINT

CA_0132G File No.: 24-55404 SCP
1 5. Defendant established an account (the “Account”) with CITIBANK, N.A.. The amount

2 due is the result of transactions that occurred on the Account. Defendant was provided
statements evidencing Defendant’s use of the Account and the balance due. Defendant
3
failed to make the required payments and subsequently defaulted on the Account on
4
February 22, 2021. Thereafter, Plaintiff was assigned all rights, title, and interest in the
5
Account.
6 6. Plaintiff is the sole owner of the debt. Attached as Exhibit A is a true and correct copy of
7 the Bill of Sale from CITIBANK, N.A., to Plaintiff. The Account was purchased by
8 Plaintiff on October 26, 2022.

9 7. The Account balance at the time of charge-off was $1,237.32. Plaintiff alleges that the
date of default is February 22, 2021 and the date of the last payment was April 19, 2022.
10
8. The name of the charge-off creditor at the time of charge-off is CITIBANK, N.A.. The
11
address utilized by CITIBANK, N.A. at the time of charge-off was 5800 SOUTH
12
CORPORATE PLACE SIOUX FALLS,SD 57108. At the time of charge off, the
13 account number associated with the debt was XXXXXXXX-XX-6368.
14 9. The name of the debtor as it appeared in the records of CITIBANK, N.A. is FELIPE
15 GOMEZ and the last known address as it appeared in the records of CITIBANK, N.A. is
16 699 LEWELLING BLVD # 403 SAN LEANDRO CA 94579.

17 10. The name and address of all post charge-off purchasers of the debt are as follows:
Name Address
18 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN
19 INC. DIEGO CA 92108

20
11. Plaintiff has complied with the provisions of CA CIVIL §1788.52. Plaintiff informed
21 Defendant of the assignment of the Account.
22 12 Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy of a
23 monthly statement recording a purchase transaction, payment, or balance transfer while

24 the Account was active as required by CA CIVIL §1788.52(b).
13. Attached as Exhibit C is a true and correct copy of a billing statement that was mailed to
25
Defendant stating the balance due on the Account at or around the time of charge-off.
26
14. Plaintiff acquired all right, title, and interest to the Account. To the extent that Plaintiff
27
acts in its capacity as successor-in-interest to the original creditor or its assigns,
28 references herein to Plaintiff may include Plaintiff’s predecessor-in-interest.

-2-
COMPLAINT

CA_0132G File No.: 24-55404 SCP
1 15. Plaintiff has attempted to contact Defendant through several means in an effort to resolve

2 the Account, but has been unsuccessful. Defendant has not repaid this debt. Plaintiff
works with consumers like Defendant to find mutually acceptable solutions, often
3
offering discounts, hardship plans, and a variety of payment options. The majority of
4
Plaintiff's consumers ignore calls or letters, and some simply refuse to repay their
5
obligations. When this happens, Plaintiff must decide whether to pursue collection
6 through legal channels, including litigation such as the present action against Defendant.
7 Nonetheless, Plaintiff remains interested in discovering a mutually beneficial solution
8 through voluntary payments, if possible, in this case.

9 16. Before commencement of this action, Plaintiff informed Defendant in writing, that it
intended to file this action and that this action could result in a judgment against
10
Defendant that would include court costs allowed by California Code of Civil Procedure
11
§ 1033(b)(2).
12
FIRST CAUSE OF ACTION
13 ACCOUNT STATED
14 17. Plaintiff realleges and incorporates by reference the foregoing paragraphs.
15 18. An account was stated in writing between Defendant and CITIBANK, N.A.. Defendant

16 opened and derived benefit from the Account. By using the Account, Defendant
expressly or impliedly promised to repay CITIBANK, N.A.. Within the last four years,
17
Defendant became indebted on the Account.
18
19. On the Account, a balance of $1,237.32 was stated to be due to CITIBANK, N.A. from
19
Defendant. Plaintiff has no record of Defendant objecting to the balance due.
20 20. Before the commencement of this action, Plaintiff was assigned the Account and
21 indebtedness. Plaintiff is now the sole owner of the Account.
22 21. Plaintiff has made a demand on Defendant for repayment of the Account, but Defendant

23 has failed to pay the balance due.
22. The current balance presently due and owing is $1,237.32 which includes payments, set-
24
offs, credits or allowances, if any, at or after charge-off.
25
26
27
28

-3-
COMPLAINT

CA_0132G File No.: 24-55404 SCP
1
2 WHEREFORE, Plaintiff requests judgment against Defendant for $1,237.32, costs of this action
and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and
3
attorney's fees.
4
5
6
7
Dated: March 21, 2024 MIDLAND CREDIT MANAGEMENT, INC.
8
9
10
By: Junqiao Xiao~ Esq.
11
12
13
§ ROBERT K. HANNA /
MICHAEL D. KAHN /
LAMONT FREEMAN
a
JUNQIAO XIAO
HYO JIN JULIA JUNG

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4-
COMPLAINT

CA_0132G File No.: 24-55404 SCP
EXHIBIT A
Contract JD: EN8MUMAA043021
Addendum ID: EN8MUMAA03 I l 22C9
Document ID: 101322MCIMU4FMBI

BILL OF SALE AND ASSIGNMENT
March 2022 Brands Fresh 180 Day Flow Lot 2

THIS BILL OF SALE AND ASSIGNMENT dated October 26, 2022, is by Citibank, N.A., a
national banking association organized under the laws of the United States, located at 5800 South
Corporate Place, Sioux Falls, SD 57108 ("Bank"), to Midland Credit Management, Inc., a
corporation organized under the laws of Kansas, with its headquarters/principal place of business
at 350 Camino De La Reina, Suite 100, San Diego, CA 92108 ("Buyer").

For value received and subject to the terms and conditions of the Master Purchase and Sale
Agreement dated April 30, 2021 between Bank, Department Stores National Bank, and Buyer (the
"Master Purchase Agreement"), and that certain Addendum No. 9 dated March 11, 2022, between
Bank and Buyer (the "Addendum", and together with the Master Purchase Agreement, the
"Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and
deliver to Buyer, and to Buyer's successors and assigns, the Accounts summarized on the Asset
Schedule attached hereto as Exhibit A and included in the Final Electronic File. Capitalized terms
not defined herein shall have the definition ascribed in the Agreement.

With respect to infonnation for the Accounts summarized on the Asset Schedule and included in
the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account
information constitutes the Bank's own business records and accw-ately reflects in all material
respects the information in the Bank's database; (ii) the Account information was kept in the
regular course of business; (iii) the Account infonnation was made at or near the time by, or from
information transmitted by, a person with knowledge of the data entered into and maintained in
the Account's database; and (iv) it is the regular practice of the Bank's business to maintain and
compile such data.

CITIBANK, N.A. MIDLAND CREDIT MANAGEMENT, INC.

By: - ~_______..,. _R.uv
_ _ __ By: µ~161v!J~
(Signature) (Signature)

Name: Brandy Reardon Name: Danielle Wohlfehrt
- - - -~ - - - - -

Title: Authorized Party Title: VP of BO

1
Encore 043021
Contract ID: EN8MUMAA04302 1
Addendum ID: EN8MUMAA031122C9
Document ID: 101322MCIMU4FMA1

Exhibit A to Bill of Sale

The individual Accounts transferred are described in the Final Electronic File named Encore-Brands-Fresh-
Flow-Lot2-1022 and delivered by the Bank to Buyer, the same deemed attached hereto by this reference.

Lot Sale ID Cut-Off Date

Brands Fresh Flow Lot 2 101322MC1M U4FM 10/ 13/2022

Encore 043021
Contract ID: EN8MUMAA043021
Addendu m ID: EN8MUMAA03 l 122C9
Documen t ID: l01322M C1MU4F MGI

AFFIDAVIT OF SALE OF ACCOU NT

State of Missou ri
County of Platte

Terri Bergma n, being duly sworn, deposes and says:

I am an authorized employe e of Citibank, N.A. ("CBNA") located at 5800 South Corpora
te Place,
Sioux Falls, SD 57108, am authorized to make the statements and representations herein
and I am
over 18 years of age. In this position, I have access to the creditor 's books and records
and am
aware of the process of the sale of accounts and electron ic storage of business records.

On or about October 26, 2022, CBNA sold a pool of charged-off accounts (the Accoun ts) by
a
Master Purchas e and Sale Agreem ent dated April 30, 2021, Bill of Sale, and Addend
um No. 9
dated March 11, 2022 to Midland Credit Manage ment, Inc.. As part of the sale of the
Accoun ts,
certain electron ic records were transferred on individu al accounts to the debt buyer. These
records
were kept in the ordinary course of business of creditor.

I am not aware of any errors in the information provide d about the Accounts. The above stateme
nts
are true to the best of my knowledge.

Signed this / day o f ¥ ~ b/dcJig..

State of Missou ri
T~~
) ss
County of Platte )

On this l ~ of f'\(l.J 20~before me, the undersig ned notary, persona lly appeare d
Terri Berg personally known to me to be the person who signed the preceding or
attached docume nt in my presenc e and who swore or affirmed to me that the contents of
the
docume nt are truthful and accurate to the best of his/her knowled ge and belief.

----~~~_?:_('_,,,_(J
__ (J __ _
(}
[SEAL]

1
Encore 043021
Contract ID: EN8MUM AA04302 l
Addendu m ID: EN8MUM AA03 l 122C9
Documen t IO: 101322M CIMU4F MG I

CERTI FICAT E OF CONFO Rl\fiTY

STATE OF MISSO URI
CITY OF KANSAS CITY

I, ;:::r,:;11·6 ~ an attorney-at-law of the State of Missouri who is licensed to
practice Ihw in iliState of Missouri and is fully acquainted with the laws of the State of Missour
i
pertaining to the acknowledgement or proof of deeds of real property to be recorded therein,
do
hereby certify that I am duly qualified to make this certificate of conformity pursuant to
Section
299-a of the Real Property Law of the State of New York and he;e~ c~rtify that
the
acknow ledgement or proof upon the foregoing document was taken by ar yn · Hoghes a
notary public in the State ofMissouri, in the manner prescribed by the laws of the State of Missour
i
and conforms to the laws thereof in all respects .

IN WITNESS WHEREOF, I have hereunto set my signature, this / $ day of
./L/4v , oUJ~~• .

2
Encore 04302 l
Field Field Data
Account Number 368
First Name FELIPE
Last Name GOMEZ
SSN
Date of Birth
Address 1
Address 2
City
-
XXX-XX-3649

699 LEWELLING BLVD
#403
SAN LEANDRO
State CA
Zip 94579
Home Phone 5103638786
Open Date 02/ 13/2016
Last Purchase Date 02/ 10/2020
Last Payment Date 04/19/2022
Last Payment Amount $32.00
Sale Amount $1 ,237.32
Charge Off Date 08/22/2022
Charge off Balance $1,237.32
Post Charge Off Interest $0.00
Post Charge off Fee $0.00
Post Charge off Payments $0.00
Post Charge off Payments and Credits $0.00
Post Charge off Credits $0.00
Affinity DOUBLE CASH

Account information provided by Citibank, N.A. pursuant to the Bill of Sale/Assignment of Accounts
transferred on or about 10/26/2022 in connection with the sale of accounts from Citibank, N.A. to
Midland Credit Management, Inc.

Encore-Brands-Fresh-Flow-Lot2-1022
EXHIBIT B
Citi® Double Cash Card Cltl.
F'ELIPE GOMEZ www.cltJcards.com
Member Since 2015 Account 1..1mber ending in: 5368 Customer Service 1·855·473·4583
Bil ling Period: 03/23/22·04/22/22 TTY:711
30X 6500 SIOUX ;:-ALLS, SD 57117

You are n a payment program & are required
APRIL STATEMENT
to pay at least the payment program amount
Minimum payment due: $64.00 of $32.00. This may be less than t he total
New balance as of 04/22/22: $1,197.06 minimum payment due, which includes the
Payment due date: 05/20/22 program payment amount plus any past due
see tl)e last paqe of t his statement for important information about l):)W to
avJid payi1 g interest on pu-~hases. amounts and any over·limit amounts.
Account Summary
Late Payment Warninq: If w e do --iot receive your -ni nimum pa yme--it by the Previous balance $1,187.04
date lisle:! above. you may have t:, pay a late fee Jf up to $40 and your A CJC?_s Payments -$32.00
-nay be in:reased up to t1e Penalty APR of 29.99'/o. Credits -$0.00
Minimum Payment Warning: If you ma,e only the miniTlum payment each Purch ases +$32.00
Jeriod, y:>u will pay more in inter2st and it will tak2 you longer to Jay off yo ur Cash advances +$0.00
Jalance. =-or exa Tl ;:Jle: Fees +$0.00
If you make no adclitional You will pay off the And you will end up Interest +$10.02
charges using this card balance shown on this paying an estimated
and each month you pay... statement in about... total of... New balance $1,197.06

81lv the minimum payment 4 year(s) $1.433 Credit Limit
Credit limit $1.500
=-:ir ilform3t ion ab:iut credit counsel in~ services, call 1·S77·337-8188.
Includes $500 :ash adva·Ke limit

For Payments, sencl check to: CITI CARDS, PO BOX 78045, Phoenbt, AZ, 85062-8045

Pay your bill from virtually anywhere Minimum payment due $64.00
with the Citi Mobile:;, App and Citf;, Online
New balance $1,197.06

II Todownlo,i:t
Text '.&.pp15' t ~ MyCltl (692484)
:r go :o your device's app store.
:)· vis t www.cltlcards.com
Payment due date 05/20/22

Amount enclosed:

800000 MC 4 4 A 0 Account number ending in 6368
Please make check payable to CITI CARDS.

FELIPE GOMEZ CITI CARDS
699 LEWELLING BLVD PO BOX 78045
#403 Phoenix, AZ 85062-8045
SAN LE.11.NDRO CA 94579-1870

15009 0006400 0119706 0003200 □ 6368 1604
www.cJtfcards.com Customer Service 1·855·473-4583 :>age 2 of 2
TTY:711
F'ELIPE GOMEZ

Account Summary
Trans. =>ost
elate elate )escri pli:::,1 Amount

Payments, Credits and Adjustments
84/ 19 AUTOPAY 21032501154 3733RAUTO:>AY AUT:J-PMT -$32.0 0

Standard Purchases
04/19 J4/ 19 1J41922 AUTOPAY RTN R15·ACCT FROZEN $32.00

Fees charged
Total fees charged In this bllllng period $0.00

Interest charged
)ate Jescri pti:::,·1 Amount
04/22 INTEREST CHARGD TO STANDARD :>URC H $18.02

Total lnfarest charged In this billing period $10.02

2022 totals year-to-date
Total fees charged in 2022 $0.00
. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , • . • . • . • . • . • . • . • . • . • . • . • . • . • . • . u . , • . • . • . • . • . • . • . • . • . • . • . • . • . •

Total interest charged in 2022 $40.11

Interest charge calculation Jays in tiilling cycle: 31
You· A.nnual Percentage Rate CA.PR) is the annJal interest rat e on yJur account.

Annual percentage Balance subject
Balance type rate (APR) to interest rate Interest charge
PURCHASES
Standard Pu rch 9.90% $1.191.88 (D ) $10 .02
ADVANC::S
S:andard Adv 9.90% $0.00 (D ) $0.00

Yo ur Annu3I Perce1tage Rate (APRJ is th e annJal interest rate on your ac:o unt . AP~s followed
1y (V) may vary. Balances folbwed by (D) are d2termined by t he d3ily bala,ce method
(including : urrent t"3 nsactbns).

Account messages
© 2022 Citibank, N.A.
Citi, Citi and Arc Design and other marks used herein are service marks of
Citigroup Inc. or its affiliates, used and registered throughout the world.
EXHIBIT C
Citi® Double Cash Card Cltl.
F'ELIPE GOMEZ www.cltJcards.com
Member Since 2015 Account 1..1mber ending in: 5368 Customer Service 1·855·473·4583
Bil ling Period: 07/23/22·08/22/22 TTY:711
30X 6500 SIOUX ;:-ALLS, SD 57117

You are n a payment program & are required
AUGUST STATEMENT to pay at least the payment program amount
Minimum payment due: $1,237.32 of $32.00. This may be less than t he total
New balance as of 08/22/22: $1,237.32 minimum payment due, which includes the
Payment due date: 08/22/22 program payment amount plus any past due
see tl)e last paqe of t his statement for important information about l):)W to
avJid payi1 g interest on pu-~hases. amounts and any over·limit amounts.
Account Summary
Late Payment Warninq: If w e do --iol receive your -ni nimum pa yme--il by the Previous balance $1,226.96
date lisle:! above. you may have t:, pay a late fee Jf up to $40 and your A CJC?_s Payments -$0.00
-nay be in:reased up to t1e Penalty APR of 29.99'/o. Credits -$0.00
Minimum Payment Warning: If you ma,e only the miniTlum payment each Purchases +$0.00
Jeriod, y:>u will pay more in inter2st and it will tak2 you longer to Jay off yo ur Cash advances +$0.00
Jalance. =-or exa Tl ;:Jle: Fees +$0.00
If you make no adclitional You wil l pay off the And you will end up Interest +$10.36
charges using this card balance shown on this payi ng an estimated
and each month you pay... statement in about... total of... New balance $1,237.32

81lv the minimum payment 1 month(s) $1,237 Credit Limit
Credit limit $1.500
=-:ir ilform3t ion ab:iut credit counsel in~ services, call 1-877-337-8188.
Includes $500 :ash adva·Ke limit

For Payments, sencl check to: CITI CARDS, PO BOX 78045, Phoenbt, AZ, 85062-8045

Pay your t>III from virtually anywh~re Minimum payment due $1,237.32
with the Citi Mobile:;, App and Citf;, Online
New balance $1,237.32

II To downlo,i:l:
Text '.&.pp15' t J MyCltl (692484)
:>" go :o your device's app store.
:)· vis t www.cltlcards.com
Payment due date 08/22/22

Amount enclosed:

800000 MC 4 4 A 0 Account number ending in 6368
Please make check payable to CITI CARDS.

FELIPE GOMEZ CITI CARDS
699 LEWELLING BLVD PO BOX 78045
#403 Phoenix, AZ 85062-8045
SAN LE.11.NDRO CA 94579-1870

15009 0123732 0123732 0003200 □ 6368 1606
www.cJtfcards.com Customer Service 1·855·473-4583 :>age 2 of 2
TTY:711
F'ELIPE GOMEZ

Account Summary
Tra ns. =>ost
date date )escri ptb1 Amount

Fees charged
Total fees charged in this billing period $0.00

Interest charged
)ate )escri ptb1 Amount

08/2 2 INTEREST :::HARGED TO STA NDARD PURCH $10 .3 6

Total interest charged in this billing period $10.36

2022 totals year-to-date
Total fees charged in 2022 $0.00
Total interest charged in 2022 $B0.37

Interest charge calculation )ays in Dilling cycle: 31
You· Annual Percentage Rate (APR) is the antu,1 interest rat e on p ur account.

Annual percentage Balance subject
Balance typ1i rat!! (APA) to Interest rat!! lnt1irest charge
PURCHASES
Scandard Pu rcl, 9.90 % $1,231.96 (D ) $1 0.3 6
ADVANC:::S
Scandard Adv 9.90% $0.00 (D) $0.00

Yo ur Annu31 Perce1t age Rat2 (A PR) is the annJal interest rate on y our ac:ount. AP~s follow2d
oy (V) may vary. Balances followed by (D) are determined by t he daily balaice met11od
(in cluding : urrenl t·3 nsacli:rns).

Account messages

For· any customer who believes they may be a victim of Identity theft, we
encour·age you to visit the Federal Trade Commission (FTC) website
htt p://www.ldentityTheft.gov, which provides victims of identity theft with
resour-ces to help guide you through the r·eco·,ery process. For questions
about FTC Identity Theft recovery solutions, please contact 1-877-438-4338
or 1-866-653-4261 (TTY). Due to redundancies with the FTC process, Ci ti will
be discontinuing the Citi Identify Theft Solutions ser·vice effective Januar·y 15
2023. As a reminder·, If you have a concern about suspected fr-aud on your· Citi
cr·edit card or· your Citibank account, please contact us at the number· on the
back of your credit or· debit car·d.
Please note that if we received your pay by phone or online payment between
5 p.rn. ET and midnight ET on the last day of your billing period, your payment
was credited as of t he date of r·eceipt, but wil I not be reflected until your next
statement.
© 2022 Citibank, N.A.
Citi, Citi and Arc Design and other· mar·ks used herein ar·e service marks of
Citigroup Inc. or· its affiliates, used and registered throughout the world.

Case Info

Judge

Tara M. Flanagan Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

March 26, 2024

Case Filing Date

March 26, 2024

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.