Document for Cavalry SPV I, LLC as assignee of Citibank, N.A. -v- Harris et al Print

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                                File No. 23—37974—0
     Robert Scott Kennard
     State Bar NO. 117 017                                   ELECTRONICALLY FILED
                                                             SUPERIOR COURT 0F CALIFORNIA
     JO h n Gor d 0n                                         COUNTYOFSANBERNARMNO
     State Bar No. 180053                                    SANBERNARDmKHMSTMCT
     NELSON & KENNARD
                                                             3/27/2024 9:24   AM
     5011 Dudley Blvd., Bldg. 250, Bay G
     McClellan, CA 95 652—1 02 O                             By:   Joshua Gonzalez,   DEPUTY
     P.O. Box 13807
     Sacramento, CA 95853
     Telephone:      (916) 920—2295
     Facsimile:      (916) 920—0682

     Attorneys for Plaintiff
     CAVALRY SPV I, LLC as assignee of Citibank, N.A.


10             SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
                    SAN BERNARDINO DISTRICT — LIMITED CIVIL CASE
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     CAVALRY SPV I, LLC as assignee of                  CASE NO. CWVSBZ41OO55
     Citibank, N.A.
13                                                      COMPLAINT FOR ACCOUNT STATED;
                    Plaintiff,                          MONEY LENT
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          VS.
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                                                        (DEMAND AMOUNT: $2,081.05)
     DAVID R HARRIS
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     and DOES   1    to lO,   Inclusive,
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18                  Defendants.

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          Plaintiff alleges and complains as follows:
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                                  PRELIMINARY ALLEGATIONS
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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:
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          l.    The true names and capacities of Defendants herein sued by
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     the fictitious names as DOES           l    to 10,     Inclusive, are unknown to
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     Plaintiff, who therefore sues those Defendants under, pursuant to,
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                                                    l

                                                Complaint
     and in accordance with the provisions of Section 474 of the Code of

     Civil Procedure. Plaintiff will ask leave of court to amend this

     complaint as and when the true names and capacities of Defendants

     named herein as DOES     l       to 10 have been ascertained.

          2.   At all times herein             mentioned, Defendants, and each of

     them, were the agents,           servants and employees of each other and

     every remaining Defendant, and in doing the things alleged, were

     acting in the course and scope of said authority of such agents,

10   servants, and employees.
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          3.   Plaintiff is now and was at all times herein mentioned a
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     limited liability company, authorized to do business in the State of
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     California.
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          4.   Plaintiff is       a   debt buyer as defined by Section 1788.50 of
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     the CA Civil Code. Plaintiff and Plaintiff’s counsel’s application

17   for license pursuant to Financial Code Section lOOOOO et.              seq.   are

18   pending issuance with the Nationwide Multistate Licensing and
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     Registry and/or the California Department of Financial Protection
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     and Innovation.
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          5.   Section 1788.50 of the CA Civil Code is applicable to this
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     action as the debt subject to this lawsuit was purchased by
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     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
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     Civil Code.   Attached hereto as Exhibit A is a true and correct copy
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                                               Complaint