Preview
File No. 24-06405-0
1 Robert Scott Kennard
State Bar No. 117017
2 Gloria Zarco
State Bar No. 199702
3 NELSON & KENNARD
4 5011 Dudley Blvd., Bldg. 250, Bay G
McClellan, CA 95652-1020
5 P.O. Box 13807
Sacramento, CA 95853
6 Telephone: (916) 920-2295
Facsimile: (916) 920-0682
7
8 Attorneys for Plaintiff
CAVALRY SPV I, LLC as assignee of Citibank
9
10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
HAYWARD HALL OF JUSTICE - LIMITED CIVIL CASE
11
12 CAVALRY SPV I, LLC as assignee of CASE NO.
Citibank
13 COMPLAINT FOR ACCOUNT STATED;
Plaintiff, MONEY LENT
14
vs.
15 (DEMAND AMOUNT: $2,546.01)
16 DIOMEDES NUIQUE
and DOES 1 to 10, Inclusive,
17
18 Defendants.
19
Plaintiff alleges and complains as follows:
20
PRELIMINARY ALLEGATIONS
21
22 Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, as
23 issuer of the credit card account, complains of Defendants, and
24 each of them, singularly and collectively, that:
25
1. The true names and capacities of Defendants herein sued by
26
the fictitious names as DOES 1 to 10, Inclusive, are unknown to
27
Plaintiff, who therefore sues those Defendants under, pursuant to,
28
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 chargeÂoff 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 Citibank, as issuer
10 of the card account. The address of the charge-off creditor at the
11 time of charge-off was PO BOX 78019 Phoenix, AZ 85062-8019. The last
12
four digits of the charge-off account number are XXXXXXXXXXXX4648.
13
9. The name and last known address of the Defendant as they
14
appeared in the charged-off creditor's records prior to the sale of
15
16 the debt was DIOMEDES NUIQUE, 37038 LOCUST ST APT C NEWARK, CA
17 94560-2872.
18 10. The name and address of all entities that purchased the
19 debt after charge-off is/are: CAVALRY SPV I, LLC, 1 AMERICAN LANE,
20
SUITE 220, GREENWICH, CONNECTICUT 06831.
21
11. Plaintiff is informed and believes and thereon alleges
22
that Defendant DIOMEDES NUIQUE is an individual who resides in the
23
24 City of Newark, County of Alameda, State of California.
25 12. Before commencement of this action, in those cases where
26 recovery of costs is dependent on such notices, Plaintiff informed
27 the Defendant(s) in writing that it intended to file this action and
28
3
Complaint
1 that this action may result in a judgment against Defendant(s) that
2 might include court costs and necessary disbursements allowed by
3 C.C.P. § 1033(b)(2).
4
FIRST CAUSE OF ACTION
5 (Account Stated)
6 13. Plaintiff repeats and repleads and incorporates by
7 reference the allegations made in Paragraphs I through 12 of this
8
complaint.
9
14. The balance due at charge off was $2,546.01. After
10
deduction for all post charge off offsets and credits, if any, there
11
12 is now due, owing and unpaid from Defendant to Plaintiff the current
13 balance of $2,546.01, and upon information and belief there is $0.00
14 in post charge-off fees and $0.00 in post charge-off interest.
15 15. Defendants were indebted to the charge-off creditor,
16
Citibank, as issuer of the card account, in the amount of $2,546.01
17
on an account stated in writing. Please see the statement of
18
account reflecting the indebtedness attached hereto as Exhibit B.
19
20 This Citibank credit card account was for credit card purchases
21 and/or cash advances. Defendant was billed monthly and failed to
22 dispute as required under the Federal Fair Billing Act applicable to
23 such account (15 U.S.C. $ 1666 et seq.).
24
16. The date of last payment made on the account was December
25
22, 2022.
26
17. Prior to filing this complaint, all right, title and
27
28 interest in the account which is the subject of this lawsuit,
4
Complaint
1 Account Number XXXXXXXXXXXX4648, was sold and assigned by Citibank
2 as issuer of the credit card account, to CAVALRY SPV I, LLC.
3 CAVALRY SPV I, LLC is the sole owner of the debt at issue.
4
18. Plaintiff made demand on defendants for payment of that
5
sum, but no part of that sum has been paid to plaintiff, and the
6
entire amount is now due and unpaid.
7
8 19. Neither the whole nor any part of the above charged-off
9 sum has been paid, although payment has been demanded, leaving a
10 balance due, owing and unpaid to Plaintiff in the amount of
11 $2,546.01 and together with costs of suit.
12
SECOND CAUSE OF ACTION
13 (Money Lent)
14 20. Plaintiff repeats and repleads and incorporates by
15 reference the allegations made in Paragraphs 1 through 20 of this
16
complaint.
17
21. The balance due at charge off was $2,546.01. After
18
deduction for all post charge off offsets and credits, if any, there
19
20 is now due, owing and unpaid from Defendant to Plaintiff the current
21 balance of 2,546.01.
22 22. Within the last four years, Defendant became indebted to
23 the charge-off creditor, Citibank, credit card account, in the
24
amount of $2,546.01 for money lent to or paid out for the benefit of
25
Defendant at his/her request, based on Defendant's use and benefit
26
of his/her account.
27
28
5
Complaint
1 23. The date of last payment made on the account was December
2 22, 2022.
3 24. Neither the whole nor any part of the above charged-off
4
sum has been paid, although payment has been demanded, leaving a
5
balance due, owing and unpaid to Plaintiff in the amount of
6
$2,546.01 together with costs of suit.
7
8 WHEREFORE, plaintiff prays for judgment against Defendants, and
9 each of them, jointly and severally, as follows:
10 FOR THE FIRST CAUSE OF ACTION
11 (1) Damages in the sum $2,546.01;
12
(2) Costs of Suit and;
13
(3) Such other relief as the Court may deem just and proper.
14
FOR THE SECOND CAUSE OF ACTION
15
16 (1) Damages in the sum $2,546.01;
17 (2) Costs of Suit and; 2872150.00
18 (3) Such other relief as the Court may deem just and proper.
19 NELSON & KENNARD
20 xi
ry *
,
21 Dated: April 11, 2024 By:______________________________
Gloria Zarco
22 Attorney for Plaintiff December 22,
20228/04/23
23
24
25
26
27
28
6
Complaint
1
VERIFICATION
2
3 I, Gloria Zarco, 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. 4]
sv
26 Dated: April 11, 2024 ______________________________
Gloria Zarco
27
28
1
VERIFICATION
EXHIBIT A
Costco Anywhere Visa
® Card by Citi
DIOMEDES NUIQUE www.citicards.com
Member Since 2016 Account number ending in: 4648 Customer Service 1-855-378-6467
Billing Period: 12/07/22-01/05/23 TTY:711
PO Box 790046 ST. LOUIS, MO 63179-0046
JANUARY STATEMENT Account Summary
Minimum payment due: $57.88 Previous balance $2,045.38
New balance as of 01/05/23: $1,989.91 Payments -$150.00
Payment due date: 02/02/23 Credits -$0.00
See the last page of this statement for important information about how to Purchases +$56.65
avoid paying interest on purchases. Cash advances +$0.00
Fees +$0.00
Interest +$37.88
Late Payment Warning: If we do not receive your minimum payment by the date New balance $1,989.91
listed above, you may have to pay a late fee of up to $41 and your APRs may be
increased up to the Penalty APR of 29.99%. Credit Limit
Minimum payment warning: If you make only the minimum payment each Credit Limit $2,000
period, you will pay more in interest, and it will take you longer to pay off Includes $600.00 cash advance limit
your balance. For example: Available Credit Limit $10
If you make no additional You will pay off the And you will end up Includes $10 available for cash advance
charges using this card balance shown on the paying an estimated
and each month you pay... statement in about... total of...
Only the minimum payment 10 years $4,591
$77 3 years $2,772
(Savings=$1,819)
For information about credit counseling services, call 1-877-337-8187.
Costco Cash
Rewards Summary
as of 01/05/23
$0.57
» See page 3 for more information
about your rewards
For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019
Pay your bill from virtually anywhere Minimum payment due $57.88
with the Citi Mobile® App and Citi® Online
New balance $1,989.91
To download:
Text 'App15' to MyCiti (692484) Payment due date 02/02/23
or go to your device's app store.
www.citicards.com
Or visit
Amount enclosed:
000000 NC 00 A 0 Account number ending in 4648
Please make check payable to Citi Cards.
DIOMEDES NUIQUE Citi Cards
37038 LOCUST ST PO BOX 78019
APT C Phoenix, AZ 85062-8019
NEWARK CA 94560-2872
4648
www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2
TTY:711
DIOMEDES NUIQUE
CARDHOLDER SUMMARY
DIOMEDES NUIQUE Card ending in 4648
Costco Cash
New Charges $56.65 Rewards Summary
ACCOUNT SUMMARY Total Costco Cash Rewards Balance:
Sale Post $0.57
Date Date Description Amount
Payments, Credits and Adjustments
12/22 PAYMENT THANK YOU -$150.00 Costco Cash Rewards Summary
Costco Cash Rewards balance
as of last statement ............................ +$12.72
DIOMEDES NUIQUE Your 2022 credit card reward
Standard Purchases certificate amount ................................. -$12.72
12/23 12/23 UBER TRIP HELP.UBER.COMCA $56.65
Earned this period .................................. +$0.57
Fees Charged
TOTAL FEES FOR THIS PERIOD $0.00 Total Costco Cash Rewards Balance
Year To Date : $0.57
Interest Charged
01/05 INTEREST CHARGED TO STANDARD PURCH $16.00
01/05 INTEREST CHARGED TO PUR PR-11/26/20. $21.88
TOTAL INTEREST FOR THIS PERIOD $37.88
Costco Cash Rewards
2023 totals year-to-date Earned This Period
4% on eligible gas worldwide, including
Total fees charged in 2023 $0.00
gas at Costco ......................................... +$0.00
1
Total interest charged in 2023 $37.88
3% on restaurants ................................. +$0.00
Interest charge calculation Days in billing cycle: 30 3% on eligible travel worldwide.......... +$0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
2% on Costco and
Balance type
Annual percentage
rate (APR)
Balance subject
to interest rate Interest charge Costco.com .............................................. +$0.00
PURCHASES
Standard Purch 29.99% (V) $649.20 (D) $16.00 1% on all other
purchases ................................................. +$0.57
Pur Pr 112620 19.49% (V) $1,366.07 (D) $21.88
ADVANCES Total Earned: $0.57
Standard Adv 29.99% (V) $0.00 (D) $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
by (V) may vary. Balances followed by (D) are determined by the daily balance method
(including current transactions).
Account messages
Important: To receive a credit card reward certificate you must have earned
more than $1 in rewards through your December 2022 statement closing date
and your account must be open at the time your certificate is issued in
February.
Please be sure to pay on time. If you submit your payment by mail, we suggest
you mail it no later than 01/26/2023 to allow enough time for regular mail to
reach us. » Visit citi.com/Costco
©2022 Citibank, N.A. for more information
Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc.
Visa is a registered trademark of Visa International Service Association and
used under license. 1
Up to $7,000 per year in purchases, then
1% cash back
EXHIBIT B
Costco Anywhere Visa
® Card by Citi
DIOMEDES NUIQUE www.citicards.com
Member Since 2016 Account number ending in: 4648 Customer Service 1-855-378-6467
Billing Period: 07/07/23-08/04/23 TTY:711
PO Box 790046 ST. LOUIS, MO 63179-0046
AUGUST STATEMENT Account Summary
Minimum payment due: $2,546.01 Previous balance $2,497.16
New balance as of 08/04/23: $2,546.01 Payments -$0.00
Payment due date: 08/04/23 Credits -$0.00
See the last page of this statement for important information about how to Purchases +$0.00
avoid paying interest on purchases. Cash advances +$0.00
Fees +$0.00
Interest +$48.85
Late Payment Warning: If we do not receive your minimum payment by the date New balance $2,546.01
listed above, you may have to pay a late fee of up to $41 and your APRs may be
increased up to the Penalty APR of 29.99%. Credit Limit
Minimum payment warning: If you make only the minimum payment each Credit Limit $2,000
period, you will pay more in interest, and it will take you longer to pay off Includes $600.00 cash advance limit
your balance. For example:
If you make no additional You will pay off the balance And you will end up
charges using this card shown on the statement in paying an estimated total
and each month you pay... about... of...
Only the minimum payment 1 months $2,546
For information about credit counseling services, call 1-877-337-8188.
For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019
Pay your bill from virtually anywhere Minimum payment due $2,546.01
with the Citi Mobile® App and Citi® Online
New balance $2,546.01
To download:
Text 'App15' to MyCiti (692484) Payment due date 08/04/23
or go to your device's app store.
www.citicards.com
Or visit
Amount enclosed:
000000 NC 32 A 0 Account number ending in 4648
Please make check payable to Citi Cards.
DIOMEDES NUIQUE Citi Cards
37038 LOCUST ST PO BOX 78019
APT C Phoenix, AZ 85062-8019
NEWARK CA 94560-2872
4648
www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2
TTY:711
DIOMEDES NUIQUE
CARDHOLDER SUMMARY
DIOMEDES NUIQUE Card ending in 4648
New Charges $0.00
ACCOUNT SUMMARY
Sale Post
Date Date Description Amount
DIOMEDES NUIQUE
No Activity
Fees Charged
TOTAL FEES FOR THIS PERIOD $0.00
Interest Charged
08/04 INTEREST CHARGED TO STANDARD PURCH $24.65
08/04 INTEREST CHARGED TO PUR PR-11/26/20. $24.20
TOTAL INTEREST FOR THIS PERIOD $48.85
2023 totals year-to-date
Total fees charged in 2023 $246.00
Total interest charged in 2023 $347.98
Interest charge calculation Days in billing cycle: 29
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual percentage Balance subject
Balance type rate (APR) to interest rate Interest charge
PURCHASES
Standard Purch 29.99% (V) $1,034.53 (D) $24.65
Pur Pr 112620 20.49% (V) $1,486.13 (D) $24.20
ADVANCES
Standard Adv 29.99% (V) $0.00 (D) $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
by (V) may vary. Balances followed by (D) are determined by the daily balance method
(including current transactions).
Account messages
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
was credited as of the date of receipt, but will not be reflected until your next
statement.
©2023 Citibank, N.A.
Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc.
Visa is a registered trademark of Visa International Service Association and
used under license.
Preview
File No. 24-06405-0 1 Robert Scott Kennard State Bar No. 117017 2 Gloria Zarco State Bar No. 199702 3 NELSON & KENNARD 4 5011 Dudley Blvd., Bldg. 250, Bay G McClellan, CA 95652-1020 5 P.O. Box 13807 Sacramento, CA 95853 6 Telephone: (916) 920-2295 Facsimile: (916) 920-0682 7 8 Attorneys for Plaintiff CAVALRY SPV I, LLC as assignee of Citibank 9 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA HAYWARD HALL OF JUSTICE - LIMITED CIVIL CASE 11 12 CAVALRY SPV I, LLC as assignee of CASE NO. Citibank 13 COMPLAINT FOR ACCOUNT STATED; Plaintiff, MONEY LENT 14 vs. 15 (DEMAND AMOUNT: $2,546.01) 16 DIOMEDES NUIQUE and DOES 1 to 10, Inclusive, 17 18 Defendants. 19 Plaintiff alleges and complains as follows: 20 PRELIMINARY ALLEGATIONS 21 22 Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, as 23 issuer of the credit card account, complains of Defendants, and 24 each of them, singularly and collectively, that: 25 1. The true names and capacities of Defendants herein sued by 26 the fictitious names as DOES 1 to 10, Inclusive, are unknown to 27 Plaintiff, who therefore sues those Defendants under, pursuant to, 28 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 chargeÂoff 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 Citibank, as issuer 10 of the card account. The address of the charge-off creditor at the 11 time of charge-off was PO BOX 78019 Phoenix, AZ 85062-8019. The last 12 four digits of the charge-off account number are XXXXXXXXXXXX4648. 13 9. The name and last known address of the Defendant as they 14 appeared in the charged-off creditor's records prior to the sale of 15 16 the debt was DIOMEDES NUIQUE, 37038 LOCUST ST APT C NEWARK, CA 17 94560-2872. 18 10. The name and address of all entities that purchased the 19 debt after charge-off is/are: CAVALRY SPV I, LLC, 1 AMERICAN LANE, 20 SUITE 220, GREENWICH, CONNECTICUT 06831. 21 11. Plaintiff is informed and believes and thereon alleges 22 that Defendant DIOMEDES NUIQUE is an individual who resides in the 23 24 City of Newark, County of Alameda, State of California. 25 12. Before commencement of this action, in those cases where 26 recovery of costs is dependent on such notices, Plaintiff informed 27 the Defendant(s) in writing that it intended to file this action and 28 3 Complaint 1 that this action may result in a judgment against Defendant(s) that 2 might include court costs and necessary disbursements allowed by 3 C.C.P. § 1033(b)(2). 4 FIRST CAUSE OF ACTION 5 (Account Stated) 6 13. Plaintiff repeats and repleads and incorporates by 7 reference the allegations made in Paragraphs I through 12 of this 8 complaint. 9 14. The balance due at charge off was $2,546.01. After 10 deduction for all post charge off offsets and credits, if any, there 11 12 is now due, owing and unpaid from Defendant to Plaintiff the current 13 balance of $2,546.01, and upon information and belief there is $0.00 14 in post charge-off fees and $0.00 in post charge-off interest. 15 15. Defendants were indebted to the charge-off creditor, 16 Citibank, as issuer of the card account, in the amount of $2,546.01 17 on an account stated in writing. Please see the statement of 18 account reflecting the indebtedness attached hereto as Exhibit B. 19 20 This Citibank credit card account was for credit card purchases 21 and/or cash advances. Defendant was billed monthly and failed to 22 dispute as required under the Federal Fair Billing Act applicable to 23 such account (15 U.S.C. $ 1666 et seq.). 24 16. The date of last payment made on the account was December 25 22, 2022. 26 17. Prior to filing this complaint, all right, title and 27 28 interest in the account which is the subject of this lawsuit, 4 Complaint 1 Account Number XXXXXXXXXXXX4648, was sold and assigned by Citibank 2 as issuer of the credit card account, to CAVALRY SPV I, LLC. 3 CAVALRY SPV I, LLC is the sole owner of the debt at issue. 4 18. Plaintiff made demand on defendants for payment of that 5 sum, but no part of that sum has been paid to plaintiff, and the 6 entire amount is now due and unpaid. 7 8 19. Neither the whole nor any part of the above charged-off 9 sum has been paid, although payment has been demanded, leaving a 10 balance due, owing and unpaid to Plaintiff in the amount of 11 $2,546.01 and together with costs of suit. 12 SECOND CAUSE OF ACTION 13 (Money Lent) 14 20. Plaintiff repeats and repleads and incorporates by 15 reference the allegations made in Paragraphs 1 through 20 of this 16 complaint. 17 21. The balance due at charge off was $2,546.01. After 18 deduction for all post charge off offsets and credits, if any, there 19 20 is now due, owing and unpaid from Defendant to Plaintiff the current 21 balance of 2,546.01. 22 22. Within the last four years, Defendant became indebted to 23 the charge-off creditor, Citibank, credit card account, in the 24 amount of $2,546.01 for money lent to or paid out for the benefit of 25 Defendant at his/her request, based on Defendant's use and benefit 26 of his/her account. 27 28 5 Complaint 1 23. The date of last payment made on the account was December 2 22, 2022. 3 24. Neither the whole nor any part of the above charged-off 4 sum has been paid, although payment has been demanded, leaving a 5 balance due, owing and unpaid to Plaintiff in the amount of 6 $2,546.01 together with costs of suit. 7 8 WHEREFORE, plaintiff prays for judgment against Defendants, and 9 each of them, jointly and severally, as follows: 10 FOR THE FIRST CAUSE OF ACTION 11 (1) Damages in the sum $2,546.01; 12 (2) Costs of Suit and; 13 (3) Such other relief as the Court may deem just and proper. 14 FOR THE SECOND CAUSE OF ACTION 15 16 (1) Damages in the sum $2,546.01; 17 (2) Costs of Suit and; 2872150.00 18 (3) Such other relief as the Court may deem just and proper. 19 NELSON & KENNARD 20 xi ry * , 21 Dated: April 11, 2024 By:______________________________ Gloria Zarco 22 Attorney for Plaintiff December 22, 20228/04/23 23 24 25 26 27 28 6 Complaint 1 VERIFICATION 2 3 I, Gloria Zarco, 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. 4] sv 26 Dated: April 11, 2024 ______________________________ Gloria Zarco 27 28 1 VERIFICATION EXHIBIT A Costco Anywhere Visa ® Card by Citi DIOMEDES NUIQUE www.citicards.com Member Since 2016 Account number ending in: 4648 Customer Service 1-855-378-6467 Billing Period: 12/07/22-01/05/23 TTY:711 PO Box 790046 ST. LOUIS, MO 63179-0046 JANUARY STATEMENT Account Summary Minimum payment due: $57.88 Previous balance $2,045.38 New balance as of 01/05/23: $1,989.91 Payments -$150.00 Payment due date: 02/02/23 Credits -$0.00 See the last page of this statement for important information about how to Purchases +$56.65 avoid paying interest on purchases. Cash advances +$0.00 Fees +$0.00 Interest +$37.88 Late Payment Warning: If we do not receive your minimum payment by the date New balance $1,989.91 listed above, you may have to pay a late fee of up to $41 and your APRs may be increased up to the Penalty APR of 29.99%. Credit Limit Minimum payment warning: If you make only the minimum payment each Credit Limit $2,000 period, you will pay more in interest, and it will take you longer to pay off Includes $600.00 cash advance limit your balance. For example: Available Credit Limit $10 If you make no additional You will pay off the And you will end up Includes $10 available for cash advance charges using this card balance shown on the paying an estimated and each month you pay... statement in about... total of... Only the minimum payment 10 years $4,591 $77 3 years $2,772 (Savings=$1,819) For information about credit counseling services, call 1-877-337-8187. Costco Cash Rewards Summary as of 01/05/23 $0.57 » See page 3 for more information about your rewards For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019 Pay your bill from virtually anywhere Minimum payment due $57.88 with the Citi Mobile® App and Citi® Online New balance $1,989.91 To download: Text 'App15' to MyCiti (692484) Payment due date 02/02/23 or go to your device's app store. www.citicards.com Or visit Amount enclosed: 000000 NC 00 A 0 Account number ending in 4648 Please make check payable to Citi Cards. DIOMEDES NUIQUE Citi Cards 37038 LOCUST ST PO BOX 78019 APT C Phoenix, AZ 85062-8019 NEWARK CA 94560-2872 4648 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY:711 DIOMEDES NUIQUE CARDHOLDER SUMMARY DIOMEDES NUIQUE Card ending in 4648 Costco Cash New Charges $56.65 Rewards Summary ACCOUNT SUMMARY Total Costco Cash Rewards Balance: Sale Post $0.57 Date Date Description Amount Payments, Credits and Adjustments 12/22 PAYMENT THANK YOU -$150.00 Costco Cash Rewards Summary Costco Cash Rewards balance as of last statement ............................ +$12.72 DIOMEDES NUIQUE Your 2022 credit card reward Standard Purchases certificate amount ................................. -$12.72 12/23 12/23 UBER TRIP HELP.UBER.COMCA $56.65 Earned this period .................................. +$0.57 Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Total Costco Cash Rewards Balance Year To Date : $0.57 Interest Charged 01/05 INTEREST CHARGED TO STANDARD PURCH $16.00 01/05 INTEREST CHARGED TO PUR PR-11/26/20. $21.88 TOTAL INTEREST FOR THIS PERIOD $37.88 Costco Cash Rewards 2023 totals year-to-date Earned This Period 4% on eligible gas worldwide, including Total fees charged in 2023 $0.00 gas at Costco ......................................... +$0.00 1 Total interest charged in 2023 $37.88 3% on restaurants ................................. +$0.00 Interest charge calculation Days in billing cycle: 30 3% on eligible travel worldwide.......... +$0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. 2% on Costco and Balance type Annual percentage rate (APR) Balance subject to interest rate Interest charge Costco.com .............................................. +$0.00 PURCHASES Standard Purch 29.99% (V) $649.20 (D) $16.00 1% on all other purchases ................................................. +$0.57 Pur Pr 112620 19.49% (V) $1,366.07 (D) $21.88 ADVANCES Total Earned: $0.57 Standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Important: To receive a credit card reward certificate you must have earned more than $1 in rewards through your December 2022 statement closing date and your account must be open at the time your certificate is issued in February. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 01/26/2023 to allow enough time for regular mail to reach us. » Visit citi.com/Costco ©2022 Citibank, N.A. for more information Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc. Visa is a registered trademark of Visa International Service Association and used under license. 1 Up to $7,000 per year in purchases, then 1% cash back EXHIBIT B Costco Anywhere Visa ® Card by Citi DIOMEDES NUIQUE www.citicards.com Member Since 2016 Account number ending in: 4648 Customer Service 1-855-378-6467 Billing Period: 07/07/23-08/04/23 TTY:711 PO Box 790046 ST. LOUIS, MO 63179-0046 AUGUST STATEMENT Account Summary Minimum payment due: $2,546.01 Previous balance $2,497.16 New balance as of 08/04/23: $2,546.01 Payments -$0.00 Payment due date: 08/04/23 Credits -$0.00 See the last page of this statement for important information about how to Purchases +$0.00 avoid paying interest on purchases. Cash advances +$0.00 Fees +$0.00 Interest +$48.85 Late Payment Warning: If we do not receive your minimum payment by the date New balance $2,546.01 listed above, you may have to pay a late fee of up to $41 and your APRs may be increased up to the Penalty APR of 29.99%. Credit Limit Minimum payment warning: If you make only the minimum payment each Credit Limit $2,000 period, you will pay more in interest, and it will take you longer to pay off Includes $600.00 cash advance limit your balance. For example: If you make no additional You will pay off the balance And you will end up charges using this card shown on the statement in paying an estimated total and each month you pay... about... of... Only the minimum payment 1 months $2,546 For information about credit counseling services, call 1-877-337-8188. For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019 Pay your bill from virtually anywhere Minimum payment due $2,546.01 with the Citi Mobile® App and Citi® Online New balance $2,546.01 To download: Text 'App15' to MyCiti (692484) Payment due date 08/04/23 or go to your device's app store. www.citicards.com Or visit Amount enclosed: 000000 NC 32 A 0 Account number ending in 4648 Please make check payable to Citi Cards. DIOMEDES NUIQUE Citi Cards 37038 LOCUST ST PO BOX 78019 APT C Phoenix, AZ 85062-8019 NEWARK CA 94560-2872 4648 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY:711 DIOMEDES NUIQUE CARDHOLDER SUMMARY DIOMEDES NUIQUE Card ending in 4648 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount DIOMEDES NUIQUE No Activity Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 08/04 INTEREST CHARGED TO STANDARD PURCH $24.65 08/04 INTEREST CHARGED TO PUR PR-11/26/20. $24.20 TOTAL INTEREST FOR THIS PERIOD $48.85 2023 totals year-to-date Total fees charged in 2023 $246.00 Total interest charged in 2023 $347.98 Interest charge calculation Days in billing cycle: 29 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 29.99% (V) $1,034.53 (D) $24.65 Pur Pr 112620 20.49% (V) $1,486.13 (D) $24.20 ADVANCES Standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages 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 was credited as of the date of receipt, but will not be reflected until your next statement. ©2023 Citibank, N.A. Citi, ®and Citi with Arc Design are registered service marks of Citigroup Inc. Visa is a registered trademark of Visa International Service Association and used under license.