On April 19, 2024 a
Complaint,Petition
was filed
involving a dispute between
Midland Credit Management Inc.,
and
Does 1-10, Inclusive,
Olague, Ruben,
for Rule 3.740 Collections $10,000.01 - $35,000 Limited
in the District Court of San Bernardino County.
Preview
ROBERT K. HANNA, Bar No.: 341970
State
JUNQIAO XIAO, Bar No.: 341670
State
HYO JIN JULIA JUNG, State Bar No.: 3 16090
MICHAEL D. KAHN, State Bar No.: 236898
LAMONT FREEMAN, State Bar No.: 349862
Midland Credit Management, Inc.
350 CAMINO DE LA REINA, SUITE 100 ELECTRONICALLY FILED
SAN DIEGO, CA 92108 SUPERIOR COURT OF CALIFORNIA
Telephone: (866) 300-8750 COUNTY OF SAN BERNARDINO
Facsimile: (858) 309-1588
SAN BERNARDINO DISTRICT
CalifomiaLegal@mcmcg.com 4/19/2024 10:29 AM
California Debt Collection License #10644—99
Attorneys for Plaintiff By: Jacob Sobredo, DEPUTY
\OOONQ
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT CIVIL DIVISION
10 CIVSBZ41 2930
MIDLAND CREDIT MANAGEMENT, INC. Case No.
11
Plaintiff, COMPLAINT FOR:
12
VS. (1) Breach 0f Contract
13
14
RUBEN OLAGUE; PRAYER AMT: $10,929.47
and DOES through
1 10, inclusive LIMITED
15 Defendant.
16
MIDLAND CREDIT MANAGEMENT, INC, ("Plaintiff"), by counsel, sues RUBEN OLAGUE,
17
(“Defendant”) under Breach 0f Contract and in support thereof states:
18 1. Plaintiff is authorized t0 d0 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
treat its consumers, such as Defendant, with respect, compassion and integrity, hoping to
21
provide mutually—beneficial opportunities for consumers to repay their debts and attain
22
financial recovery.
23
2. Defendant is a resident 0f SAN BERNARDINO County, State of California and is
24
subject to this Court’s jurisdiction.
25 unaware 0f the names and capacities 0f Defendants sued
3. Plaintiff is true by the fictitious
26 names DOES 1 through 10. Plaintiff Will ask leave 0f court t0 amend this complaint as
27 and when the true names and capacities of Defendants named herein as DOES 1 through
10 have been ascertained.
28
Pursuant t0 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.: 24-77790 SCP
Defendant established an account (the “Account”) With THE GOLDEN 1 CREDIT
UNION. The amount due is the result 0f transactions that occurred 0n the Account.
Defendant was provided statements evidencing Defendant’s use of the Account and the
AWN
balance due. Defendant failed t0 make the required payments and subsequently
defaulted 0n the Account 0n December 23, 2022. Thereafter, Plaintiff was assigned all
rights, title, and interest in the Account.
Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy of
the Bill 0f Sale from THE GOLDEN 1 CREDIT UNION, to Plaintiff. The Account was
KOOONQ
purchased by Plaintiff 0n June 28, 2023.
The Account balance at the time of charge-off was $10,929.47. Plaintiff alleges that the
date 0f default is December 23, 2022 and the date 0f the last payment was December 20,
10
2022.
11
The name of the charge-off creditor at the time of charge-off is THE GOLDEN 1
12
CREDIT UNION. The address utilized by THE GOLDEN 1 CREDIT UNION at the
13
time of charge-off was 275 BATTERY STREET SAN FMNCISCO,CA 941 1 1. At the
14 time of charge off, the account number associated With the debt was XXX—XX—7894.
15 The name 0f the debtor as it appeared in the records of THE GOLDEN 1 CREDIT
16 UNION is RUBEN OLAGUE and the last known address as it appeared in the records 0f
17
THE GOLDEN 1 CREDIT UNION is 11819 CENTRAL AV 103 CHINO CA 91710.
10. The name and address 0f all post charge-off purchasers 0f the debt are as follows:
18
Name Address
19 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN
INC. DIEGO CA 92 1 08
20
21 11. Plaintiff has complied With the provisions of CA CIVIL §1788.52. Plaintiff informed
22 Defendant of the assignment of the Account.
23 12 Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy of
the Account Ledger recording a purchase transaction, payment, or balance transfer While
24
the Account was active as required by CA CIVIL §1788.52(b).
25
13. Pursuant to CA CIVIL §1788.58(b), Attached as Exhibit C is a true and correct copy of
26
the agreement.
27
14. Plaintiff acquired all right, title, and interest t0 the Account. T0 the extent that Plaintiff
28 acts in its capacity as successor—in-interest t0 the original creditor or its assigns,
references herein to Plaintiff may include Plaintiff” s predecessor-in-interest.
2
COMPLAINT
CA_0132G File No.1 24-77790 SCP
Document Filed Date
April 19, 2024
Case Filing Date
April 19, 2024
Category
Rule 3.740 Collections $10,000.01 - $35,000 Limited
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ROBERT K. HANNA, Bar No.: 341970 State JUNQIAO XIAO, Bar No.: 341670 State HYO JIN JULIA JUNG, State Bar No.: 3 16090 MICHAEL D. KAHN, State Bar No.: 236898 LAMONT FREEMAN, State Bar No.: 349862 Midland Credit Management, Inc. 350 CAMINO DE LA REINA, SUITE 100 ELECTRONICALLY FILED SAN DIEGO, CA 92108 SUPERIOR COURT OF CALIFORNIA Telephone: (866) 300-8750 COUNTY OF SAN BERNARDINO Facsimile: (858) 309-1588 SAN BERNARDINO DISTRICT CalifomiaLegal@mcmcg.com 4/19/2024 10:29 AM California Debt Collection License #10644—99 Attorneys for Plaintiff By: Jacob Sobredo, DEPUTY \OOONQ SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT CIVIL DIVISION 10 CIVSBZ41 2930 MIDLAND CREDIT MANAGEMENT, INC. Case No. 11 Plaintiff, COMPLAINT FOR: 12 VS. (1) Breach 0f Contract 13 14 RUBEN OLAGUE; PRAYER AMT: $10,929.47 and DOES through 1 10, inclusive LIMITED 15 Defendant. 16 MIDLAND CREDIT MANAGEMENT, INC, ("Plaintiff"), by counsel, sues RUBEN OLAGUE, 17 (“Defendant”) under Breach 0f Contract and in support thereof states: 18 1. Plaintiff is authorized t0 d0 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 treat its consumers, such as Defendant, with respect, compassion and integrity, hoping to 21 provide mutually—beneficial opportunities for consumers to repay their debts and attain 22 financial recovery. 23 2. Defendant is a resident 0f SAN BERNARDINO County, State of California and is 24 subject to this Court’s jurisdiction. 25 unaware 0f the names and capacities 0f Defendants sued 3. Plaintiff is true by the fictitious 26 names DOES 1 through 10. Plaintiff Will ask leave 0f court t0 amend this complaint as 27 and when the true names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 28 Pursuant t0 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.: 24-77790 SCP Defendant established an account (the “Account”) With THE GOLDEN 1 CREDIT UNION. The amount due is the result 0f transactions that occurred 0n the Account. Defendant was provided statements evidencing Defendant’s use of the Account and the AWN balance due. Defendant failed t0 make the required payments and subsequently defaulted 0n the Account 0n December 23, 2022. Thereafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy of the Bill 0f Sale from THE GOLDEN 1 CREDIT UNION, to Plaintiff. The Account was KOOONQ purchased by Plaintiff 0n June 28, 2023. The Account balance at the time of charge-off was $10,929.47. Plaintiff alleges that the date 0f default is December 23, 2022 and the date 0f the last payment was December 20, 10 2022. 11 The name of the charge-off creditor at the time of charge-off is THE GOLDEN 1 12 CREDIT UNION. The address utilized by THE GOLDEN 1 CREDIT UNION at the 13 time of charge-off was 275 BATTERY STREET SAN FMNCISCO,CA 941 1 1. At the 14 time of charge off, the account number associated With the debt was XXX—XX—7894. 15 The name 0f the debtor as it appeared in the records of THE GOLDEN 1 CREDIT 16 UNION is RUBEN OLAGUE and the last known address as it appeared in the records 0f 17 THE GOLDEN 1 CREDIT UNION is 11819 CENTRAL AV 103 CHINO CA 91710. 10. The name and address 0f all post charge-off purchasers 0f the debt are as follows: 18 Name Address 19 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92 1 08 20 21 11. Plaintiff has complied With the provisions of CA CIVIL §1788.52. Plaintiff informed 22 Defendant of the assignment of the Account. 23 12 Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy of the Account Ledger recording a purchase transaction, payment, or balance transfer While 24 the Account was active as required by CA CIVIL §1788.52(b). 25 13. Pursuant to CA CIVIL §1788.58(b), Attached as Exhibit C is a true and correct copy of 26 the agreement. 27 14. Plaintiff acquired all right, title, and interest t0 the Account. T0 the extent that Plaintiff 28 acts in its capacity as successor—in-interest t0 the original creditor or its assigns, references herein to Plaintiff may include Plaintiff” s predecessor-in-interest. 2 COMPLAINT CA_0132G File No.1 24-77790 SCP