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ROBERT K. HANNA, State Bar No.: 341970 ELECTRONICALLY FILED
JUNQIAO XIAO, State Bar No.: 341670 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 5/28/2024 12:00 AM
3 MIDLAND CREDIT MANAGEMENT, INC
350 CAMINO DE LA REINA, SUITE 100 By: Connie Cortes, DEPUTY
4 SAN DIEGO, CA 92108
Telephone: (866) 300-8750
5
Facsimile: (858) 309-1588
6 CaliforniaLegal@mcmcg.com
California Debt Collection License #10644-99
7 Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
8
COUNTY OF SAN BERNARDINO
9
SAN BERNARDINO DISTRICT CIVIL DIVISION
10 MIDLAND CREDIT MANAGEMENT, INC. Case No. CIVSB2416977
11
Plaintiff, COMPLAINT FOR:
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vs. (1) Account Stated
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MIGUEL FRAUSTO; PRAYER AMT: $1,057.10
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and DOES 1 through 10, inclusive LIMITED
15 Defendant.
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MIDLAND CREDIT MANAGEMENT, INC., ("Plaintiff"), by counsel, sues MIGUEL FRAUSTO,
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(“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.
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2. Defendant is a resident of SAN BERNARDINO County, State of California and is
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subject to this 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).
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COMPLAINT
CA_0132G File No.: 23-23879 SCP
1 5. Defendant established an account (the “Account”) with CREDIT ONE BANK, N.A..
2 The amount 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.
3
Defendant failed to make the required payments and subsequently defaulted on the
4
Account on January 24, 2021. Thereafter, Plaintiff was assigned all rights, title, and
5
interest in the 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 Credit One Bank, N.A., to Plaintiff. The Account was purchased by
8 Plaintiff on August 25, 2021.
9 7. The Account balance at the time of charge-off was $1,057.10. Plaintiff alleges that the
date of default is January 24, 2021 and the date of the last payment was November 25,
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2020.
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8. The name of the charge-off creditor at the time of charge-off is CREDIT ONE BANK,
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N.A.. The address utilized by CREDIT ONE BANK, N.A. at the time of charge-off was
13 PO BOX 98873 LAS VEGAS,NV 89193. At the time of charge off, the account number
14 associated with the debt was XXXXXXXX-XX-1404.
15 9. The name of the debtor as it appeared in the records of CREDIT ONE BANK, N.A. is
16 MIGUEL FRAUSTO and the last known address as it appeared in the records of
17 CREDIT ONE BANK, N.A. is 9690 MANGO AVE FONTANA CA 92335.
10. The name and address of all post charge-off purchasers of the debt are as follows:
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Name Address
19 MHC RECEIVABLES, LLC 6807 S. CIMARRON RD LAS VEGAS NV
89113
20 SHERMAN ORIGINATOR III LLC 200 MEETING STREET SUITE 206
CHARLESTON SC 29401
21 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN
22 INC. DIEGO CA 92108
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11. Plaintiff has complied with the provisions of CA CIVIL §1788.52. Plaintiff informed
24 Defendant of the assignment of the Account.
25 12 Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy of a
26 monthly statement recording a purchase transaction, payment, or balance transfer while
27 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
28
Defendant stating the balance due on the Account at or around the time of charge-off.
14. Plaintiff acquired all right, title, and interest to the Account. To the extent that Plaintiff
acts in its capacity as successor-in-interest to the original creditor or its assigns,
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COMPLAINT
CA_0132G File No.: 23-23879 SCP
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ROBERT K. HANNA, State Bar No.: 341970 ELECTRONICALLY FILED JUNQIAO XIAO, State Bar No.: 341670 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 5/28/2024 12:00 AM 3 MIDLAND CREDIT MANAGEMENT, INC 350 CAMINO DE LA REINA, SUITE 100 By: Connie Cortes, DEPUTY 4 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 5 Facsimile: (858) 309-1588 6 CaliforniaLegal@mcmcg.com California Debt Collection License #10644-99 7 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF SAN BERNARDINO 9 SAN BERNARDINO DISTRICT CIVIL DIVISION 10 MIDLAND CREDIT MANAGEMENT, INC. Case No. CIVSB2416977 11 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 MIGUEL FRAUSTO; PRAYER AMT: $1,057.10 14 and DOES 1 through 10, inclusive LIMITED 15 Defendant. 16 MIDLAND CREDIT MANAGEMENT, INC., ("Plaintiff"), by counsel, sues MIGUEL FRAUSTO, 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 SAN BERNARDINO County, State of California and is 24 subject to this 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.: 23-23879 SCP 1 5. Defendant established an account (the “Account”) with CREDIT ONE BANK, N.A.. 2 The amount 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. 3 Defendant failed to make the required payments and subsequently defaulted on the 4 Account on January 24, 2021. Thereafter, Plaintiff was assigned all rights, title, and 5 interest in the 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 Credit One Bank, N.A., to Plaintiff. The Account was purchased by 8 Plaintiff on August 25, 2021. 9 7. The Account balance at the time of charge-off was $1,057.10. Plaintiff alleges that the date of default is January 24, 2021 and the date of the last payment was November 25, 10 2020. 11 8. The name of the charge-off creditor at the time of charge-off is CREDIT ONE BANK, 12 N.A.. The address utilized by CREDIT ONE BANK, N.A. at the time of charge-off was 13 PO BOX 98873 LAS VEGAS,NV 89193. At the time of charge off, the account number 14 associated with the debt was XXXXXXXX-XX-1404. 15 9. The name of the debtor as it appeared in the records of CREDIT ONE BANK, N.A. is 16 MIGUEL FRAUSTO and the last known address as it appeared in the records of 17 CREDIT ONE BANK, N.A. is 9690 MANGO AVE FONTANA CA 92335. 10. The name and address of all post charge-off purchasers of the debt are as follows: 18 Name Address 19 MHC RECEIVABLES, LLC 6807 S. CIMARRON RD LAS VEGAS NV 89113 20 SHERMAN ORIGINATOR III LLC 200 MEETING STREET SUITE 206 CHARLESTON SC 29401 21 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN 22 INC. DIEGO CA 92108 23 11. Plaintiff has complied with the provisions of CA CIVIL §1788.52. Plaintiff informed 24 Defendant of the assignment of the Account. 25 12 Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy of a 26 monthly statement recording a purchase transaction, payment, or balance transfer while 27 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 28 Defendant stating the balance due on the Account at or around the time of charge-off. 14. Plaintiff acquired all right, title, and interest to the Account. To the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, -2- COMPLAINT CA_0132G File No.: 23-23879 SCP