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ROBERT K. HANNA, Bar No.: 341970
State
ELECTRONICALLY FILED
JUNQIAO XIAO, Bar No.: 341670
State SUPERIOR COURT OF CALIFORNIA
1
HYO JIN JULIA JUNG, State Bar No.: 316090 COUNTY OF SAN BERNARDINO
MICHAEL D. KAHN, State Bar No.: 236898 SAN BERNARDINO DISTRICT
2
LAMONT FREEMAN, State Bar No.: 349862 3/25/2024 10:20 AM
3 Midland Credit Management, Inc.
350 CAMINO DE LA REINA, SUITE 100 By: Makeda Joyeux, DEPUTY
4 SAN DIEGO, CA 92108
Telephone: (866) 300-8750
5
Facsimile: (858) 309-1588
6 CalifomiaLegal@mcmcg.com
CA Debt Collector License Number Pending
7 Attorneys for Plaintiff
8 SUPERIOR COURT 0F CALIFORNIA
COUNTY OF SAN BERNARDINO
9
SAN BERNARDINO DISTRICT CIVIL DIVISION
10 Midland Credit Management, Inc. Case No. CIVSB2409841
11
Plaintiff, COMPLAINT FOR:
12
vs. (l) Account Stated
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Melvina Taylor aka MELVINA M TAYLOR; PRAYER AMT: $3,701 .51
14 and DOES 1 through 10, inclusive Limjted
15
Defendant.
16
17 1. Plaintiff, Midland Credit Management, Inc. ("Plaintiff"), is a Limited Liability Company
qualified to do business in California.
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2. This couIT is the proper court because Plaintiff is informed and believes that Defendant
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Melvina Taylor aka MELVINA M TAYLOR ("Defendant"), is a resident of SAN BERNARDINO
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County, State of California.
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3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious
22 names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true
23 names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained.
24 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents,
employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or
25
approved the acts 0r omissions alleged herein, and each defendant, in doing the things alleged, were
26
acting in the course and scope of said authority of such agents, servants, and employees.
27
5. Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by
28 California Civil Code §1788.50(a).
6. Attached hereto are records regarding the accounts and/or payments received.
-1-
COMPLAINT
CA_0132M File No.: 23-230651 SCP
FIRST CAUSE OF ACTION
ACCOUNT STATED AGAINST ALL DEFENDANTS
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7. Pursuant to California Civil Code §1788.58(a)(2), Plaintiff is seeking t0 recover the
amount of $2,606.86 for the account listed in the First Cause 0f Action. This is the amount due on credit
card account number XXXXXXXXXXXX-0639 ("Account")' which was originally issued by CAPITAL
ONE, N.A.. The amount due is the result of transactions that occurred 0n the Account.
8. Pursuant to California Civil Code §1788.58(a)(3), Plaintiff is the sole owner of the debt.
Attached hereto is a true and correct copy of the Bill of Sale from CAPITAL ONE, N.A. to Plaintiff. The
\OOOQOU‘b
account was purchased by the Plaintiff on January 18, 2022.
9. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of
charge-off was $2,606.86.
10. In accordance with California Civil Code §1788.58(a)(4), the following is an explanation
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of the amount that the Plaintiff is seeking to recover at the time of the filing 0f this Complaint:
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Charge-off Balancez $2,606.86
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Total Post Charge-Off Interest $0.00
13 Total Post Charge—Off Fees3 $0.00
14 11. Pursuant t0 California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default
15 is July 22, 2021 and the date 0f the last payment was May 08, 2021.
16 12. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the
17
charge-off creditor at the time of the charge-off is CAPITAL ONE, N.A.. On information and belief the
Plaintiff alleges that an address utilized by CAPITAL ONE, N.A. at the time 0f charge-off was 1680
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CAPITAL ONE DRIVE MCLEAN VA 22101. At the time 0f charge off the account number associated
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with the debt was XXXXXXXXXXXX—O639.
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13. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name 0f the
21 debtor as it appeared in the records of CAPITAL ONE, N.A. is MELVINA TAYLOR and the last known
22 address as it appeared in the records of CAPITAL ONE, N.A. is 7538 HARDY AVE RANCHO
23 CUCAMONGA CA 91730.
24
1
Pursuant to Califomia Rule of Court and California Civil Code §1788.58(C) the Account number has
25 been redacted t0 protect the Defendant's confidential information.
2
26 This amount may include the charged-off principal amount and pre-charge-off accrued interest as set
fofih in the seller data sheet attached hereto.
27 3
This amount is not reflective 0f the costs incurred in the filing and service of this action which are
recoverable pursuant to California Code of Civil Procedure §1033.5.
28
2
COMPLAINT
CA_0132M File N0.: 23-230651 SCP
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ROBERT K. HANNA, Bar No.: 341970 State ELECTRONICALLY FILED JUNQIAO XIAO, Bar No.: 341670 State SUPERIOR COURT OF CALIFORNIA 1 HYO JIN JULIA JUNG, State Bar No.: 316090 COUNTY OF SAN BERNARDINO MICHAEL D. KAHN, State Bar No.: 236898 SAN BERNARDINO DISTRICT 2 LAMONT FREEMAN, State Bar No.: 349862 3/25/2024 10:20 AM 3 Midland Credit Management, Inc. 350 CAMINO DE LA REINA, SUITE 100 By: Makeda Joyeux, DEPUTY 4 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 5 Facsimile: (858) 309-1588 6 CalifomiaLegal@mcmcg.com CA Debt Collector License Number Pending 7 Attorneys for Plaintiff 8 SUPERIOR COURT 0F CALIFORNIA COUNTY OF SAN BERNARDINO 9 SAN BERNARDINO DISTRICT CIVIL DIVISION 10 Midland Credit Management, Inc. Case No. CIVSB2409841 11 Plaintiff, COMPLAINT FOR: 12 vs. (l) Account Stated 13 Melvina Taylor aka MELVINA M TAYLOR; PRAYER AMT: $3,701 .51 14 and DOES 1 through 10, inclusive Limjted 15 Defendant. 16 17 1. Plaintiff, Midland Credit Management, Inc. ("Plaintiff"), is a Limited Liability Company qualified to do business in California. 18 2. This couIT is the proper court because Plaintiff is informed and believes that Defendant 19 Melvina Taylor aka MELVINA M TAYLOR ("Defendant"), is a resident of SAN BERNARDINO 20 County, State of California. 21 3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious 22 names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true 23 names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 24 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or 25 approved the acts 0r omissions alleged herein, and each defendant, in doing the things alleged, were 26 acting in the course and scope of said authority of such agents, servants, and employees. 27 5. Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by 28 California Civil Code §1788.50(a). 6. Attached hereto are records regarding the accounts and/or payments received. -1- COMPLAINT CA_0132M File No.: 23-230651 SCP FIRST CAUSE OF ACTION ACCOUNT STATED AGAINST ALL DEFENDANTS - 7. Pursuant to California Civil Code §1788.58(a)(2), Plaintiff is seeking t0 recover the amount of $2,606.86 for the account listed in the First Cause 0f Action. This is the amount due on credit card account number XXXXXXXXXXXX-0639 ("Account")' which was originally issued by CAPITAL ONE, N.A.. The amount due is the result of transactions that occurred 0n the Account. 8. Pursuant to California Civil Code §1788.58(a)(3), Plaintiff is the sole owner of the debt. Attached hereto is a true and correct copy of the Bill of Sale from CAPITAL ONE, N.A. to Plaintiff. The \OOOQOU‘b account was purchased by the Plaintiff on January 18, 2022. 9. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of charge-off was $2,606.86. 10. In accordance with California Civil Code §1788.58(a)(4), the following is an explanation 10 of the amount that the Plaintiff is seeking to recover at the time of the filing 0f this Complaint: 11 Charge-off Balancez $2,606.86 12 Total Post Charge-Off Interest $0.00 13 Total Post Charge—Off Fees3 $0.00 14 11. Pursuant t0 California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default 15 is July 22, 2021 and the date 0f the last payment was May 08, 2021. 16 12. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the 17 charge-off creditor at the time of the charge-off is CAPITAL ONE, N.A.. On information and belief the Plaintiff alleges that an address utilized by CAPITAL ONE, N.A. at the time 0f charge-off was 1680 18 CAPITAL ONE DRIVE MCLEAN VA 22101. At the time 0f charge off the account number associated 19 with the debt was XXXXXXXXXXXX—O639. 20 13. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name 0f the 21 debtor as it appeared in the records of CAPITAL ONE, N.A. is MELVINA TAYLOR and the last known 22 address as it appeared in the records of CAPITAL ONE, N.A. is 7538 HARDY AVE RANCHO 23 CUCAMONGA CA 91730. 24 1 Pursuant to Califomia Rule of Court and California Civil Code §1788.58(C) the Account number has 25 been redacted t0 protect the Defendant's confidential information. 2 26 This amount may include the charged-off principal amount and pre-charge-off accrued interest as set fofih in the seller data sheet attached hereto. 27 3 This amount is not reflective 0f the costs incurred in the filing and service of this action which are recoverable pursuant to California Code of Civil Procedure §1033.5. 28 2 COMPLAINT CA_0132M File N0.: 23-230651 SCP