Preview
File No. 24-10589-0
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, N.A.
9
10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
RENE C. DAVIDSON COURTHOUSE-LIMITED CIVIL CASE
11
12 CAVALRY SPV I, LLC as assignee of CASE NO.
Citibank, N.A.
13 COMPLAINT FOR ACCOUNT STATED;
Plaintiff, MONEY LENT
14
vs.
15 (DEMAND AMOUNT: $2,436.30)
16 MIGUEL A MENDEZ
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, N.A.,
23 as issuer of the Costco credit card account, complains of
24 Defendants, and 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, N.A., as
10 issuer of the Costco card account. The address of the charge-off
11 creditor at the time of charge-off was PO BOX 78019 Phoenix, AZ
12
85062-8019. The last four digits of the charge-off account number
13
are XXXXXXXXXXXX4591.
14
9. The name and last known address of the Defendant as they
15
16 appeared in the charged-off creditor's records prior to the sale of
17 the debt was MIGUEL A MENDEZ, 641 S ELMHURST AVE OAKLAND, CA 94603-
18 2230.
19 10. The name and address of all entities that purchased the
20
debt after charge-off is/are: CAVALRY SPV I, LLC, 355 S Main Street,
21
Suite 300-D Greenville, SC 29601.
22
11. Plaintiff is informed and believes and thereon alleges
23
24 that Defendant MIGUEL A MENDEZ is an individual who resides in the
25 City of Oakland, County of Alameda, State of California.
26 12. Before commencement of this action, in those cases where
27 recovery of costs is dependent on such notices, Plaintiff informed
28
3
Complaint
1 the Defendant(s) in writing that it intended to file this action and
2 that this action may result in a judgment against Defendant(s) that
3 might include court costs and necessary disbursements allowed by
4
C.C.P. § 1033(b)(2).
5
FIRST CAUSE OF ACTION
6 (Account Stated)
7 13. Plaintiff repeats and repleads and incorporates by
8
reference the allegations made in Paragraphs I through 12 of this
9
complaint.
10
14. The balance due at charge off was $2,436.30. After
11
12 deduction for all post charge off offsets and credits, if any, there
13 is now due, owing and unpaid from Defendant to Plaintiff the current
14 balance of $2,436.30, and upon information and belief there is $0.00
15 in post charge-off fees and $0.00 in post charge-off interest.
16
15. Defendants were indebted to the charge-off creditor,
17
Citibank, N.A., as issuer of the Costco card account, in the amount
18
of $2,436.30 on an account stated in writing. Please see the
19
20 statement of account reflecting the indebtedness attached hereto as
21 Exhibit B. This Citibank, N.A. credit card account was for credit
22 card purchases and/or cash advances. Defendant was billed monthly
23 and failed to dispute as required under the Federal Fair Billing Act
24
applicable to such account (15 U.S.C. $ 1666 et seq.).
25
16. The date of last payment made on the account was April 5,
26
2022.
27
28
4
Complaint
1 17. Prior to filing this complaint, all right, title and
2 interest in the account which is the subject of this lawsuit,
3 Account Number XXXXXXXXXXXX4591, was sold and assigned by Citibank,
4
N.A. as issuer of the Costco credit card account, to CAVALRY SPV I,
5
LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue.
6
18. Plaintiff made demand on defendants for payment of that
7
8 sum, but no part of that sum has been paid to plaintiff, and the
9 entire amount is now due and unpaid.
10 19. Neither the whole nor any part of the above charged-off
11 sum has been paid, although payment has been demanded, leaving a
12
balance due, owing and unpaid to Plaintiff in the amount of
13
$2,436.30 and together with costs of suit.
14
SECOND CAUSE OF ACTION
15 (Money Lent)
16
20. Plaintiff repeats and repleads and incorporates by
17
reference the allegations made in Paragraphs 1 through 20 of this
18
complaint.
19
20 21. The balance due at charge off was $2,436.30. After
21 deduction for all post charge off offsets and credits, if any, there
22 is now due, owing and unpaid from Defendant to Plaintiff the current
23 balance of 2,436.30.
24
22. Within the last four years, Defendant became indebted to
25
the charge-off creditor, Citibank, N.A., Costco credit card account,
26
in the amount of $2,436.30 for money lent to or paid out for the
27
28
5
Complaint
1 benefit of Defendant at his/her request, based on Defendant's use
2 and benefit of his/her account.
3 23. The date of last payment made on the account was April 5,
4
2022.
5
24. Neither the whole nor any part of the above charged-off
6
sum has been paid, although payment has been demanded, leaving a
7
8 balance due, owing and unpaid to Plaintiff in the amount of
9 $2,436.30 together with costs of suit.
10 WHEREFORE, plaintiff prays for judgment against Defendants, and
11 each of them, jointly and severally, as follows:
12
FOR THE FIRST CAUSE OF ACTION
13
(1) Damages in the sum $2,436.30;
14
(2) Costs of Suit and;
15
16 (3) Such other relief as the Court may deem just and proper.
17 FOR THE SECOND CAUSE OF ACTION
18 (1) Damages in the sum $2,436.30;
19 (2) Costs of Suit and; 223090.00
20
(3) Such other relief as the Court may deem just and proper.
21
NELSON & KENNARD
22
23 Dated: May 20, 2024 By:______________________________
24 Gloria Zarco
Attorney for Plaintiff April 5,
202211/17/22
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.
26 Dated: May 20, 2024 ______________________________
Gloria Zarco
27
28
1
VERIFICATION
EXHIBIT A
Costco Anywhere Visa
® Card by Citi
MIGUEL A MENDEZ www.citicards.com
Member Since 2017 Account number ending in: 4591 Customer Service 1-855-378-6467
Billing Period: 03/18/22-04/19/22 TTY:711
PO Box 790046 ST. LOUIS, MO 63179-0046
APRIL STATEMENT Account Summary
Minimum payment due: $55.52 Previous balance $1,950.04
New balance as of 04/19/22: $1,913.09 Payments -$90.00
Payment due date: 05/15/22 Credits -$0.00
See the back of this statement for important information about how to avoid Purchases +$16.53
paying interest on purchases. Cash advances +$0.00
Fees +$0.00
Interest +$36.52
Late Payment Warning: If we do not receive your minimum payment by the date New balance $1,913.09
listed above, you may have to pay a late fee of up to $40 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 And you will end up
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 12 years $4,786
$72 3 years $2,592
(Savings=$2,194)
For information about credit counseling services, call 1-877-337-8187.
For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019
Pay your bill from virtually anywhere Minimum payment due $55.52
with the Citi Mobile® App and Citi® Online
New balance $1,913.09
To download:
Text 'App15' to MyCiti (692484) Payment due date 05/15/22
or go to your device's app store.
www.citicards.com
Or visit
Amount enclosed:
000000 NC 22 A 0 Account number ending in 4591
Please make check payable to Citi Cards.
MIGUEL A MENDEZ Citi Cards
641 S ELMHURST AVE PO BOX 78019
OAKLAND CA 94603-2230 Phoenix, AZ 85062-8019
4591
www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2
TTY:711
MIGUEL A MENDEZ
CARDHOLDER SUMMARY
MIGUEL A MENDEZ Card ending in 4591
New Charges $0.00
MARIA MARTINEZ Card ending in 8941
New Charges $16.53
ACCOUNT SUMMARY
Sale Post
Date Date Description Amount
Payments, Credits and Adjustments
04/05 DEBIT CARD PAYMENT - THANK YOU -$90.00
MIGUEL A MENDEZ
No Activity
MARIA MARTINEZ
Standard Purchases
03/28 03/28 Amazon Prime*1N98Q8YF2 Amzn.com/billWA $16.53
Fees Charged
TOTAL FEES FOR THIS PERIOD $0.00
Interest Charged
04/19 INTEREST CHARGED TO STANDARD ADV $3.11
04/19 INTEREST CHARGED TO STANDARD PURCH $16.28
04/19 INTEREST CHARGED TO PUR PR-04/08/20. $17.13
TOTAL INTEREST FOR THIS PERIOD $36.52
2022 totals year-to-date
Total fees charged in 2022 $40.00
Total interest charged in 2022 $137.18
Interest charge calculation Days in billing cycle: 33
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) $600.50 (D) $16.28
Pur Pr 040820 15.49% (V) $1,223.21 (D) $17.13
ADVANCES
Standard Adv 29.99% (V) $114.79 (D) $3.11
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 be sure to pay on time. If you submit your payment by mail, we suggest
you mail it no later than 05/08/2022 to allow enough time for regular mail to
reach us.
©2022 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.
EXHIBIT B
Costco Anywhere Visa
® Card by Citi
MIGUEL A MENDEZ www.citicards.com
Member Since 2017 Account number ending in: 4591 Customer Service 1-855-378-6467
Billing Period: 10/20/22-11/17/22 TTY:711
PO Box 790046 ST. LOUIS, MO 63179-0046
NOVEMBER STATEMENT Account Summary
Minimum payment due: $2,436.30 Previous balance $2,390.44
New balance as of 11/17/22: $2,436.30 Payments -$0.00
Payment due date: 11/17/22 Credits -$0.00
See the back of this statement for important information about how to avoid Purchases +$0.00
paying interest on purchases. Cash advances +$0.00
Fees +$0.00
Interest +$45.86
Late Payment Warning: If we do not receive your minimum payment by the date New balance $2,436.30
listed above, you may have to pay a late fee of up to $40 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 $2,436
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 $2,436.30
with the Citi Mobile® App and Citi® Online
New balance $2,436.30
To download:
Text 'App15' to MyCiti (692484) Payment due date 11/17/22
or go to your device's app store.
www.citicards.com
Or visit
Amount enclosed:
000000 NC 32 A 0 Account number ending in 4591
Please make check payable to Citi Cards.
MIGUEL A MENDEZ Citi Cards
641 S ELMHURST AVE PO BOX 78019
OAKLAND CA 94603-2230 Phoenix, AZ 85062-8019
4591
www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2
TTY:711
MIGUEL A MENDEZ
CARDHOLDER SUMMARY
MIGUEL A MENDEZ Card ending in 4591
New Charges $0.00
MARIA MARTINEZ Card ending in 8941
New Charges $0.00
ACCOUNT SUMMARY
Sale Post
Date Date Description Amount
MIGUEL A MENDEZ
No Activity
MARIA MARTINEZ
No Activity
Fees Charged
TOTAL FEES FOR THIS PERIOD $0.00
Interest Charged
11/17 INTEREST CHARGED TO STANDARD ADV $3.22
11/17 INTEREST CHARGED TO STANDARD PURCH $22.56
11/17 INTEREST CHARGED TO PUR PR-04/08/20. $20.08
TOTAL INTEREST FOR THIS PERIOD $45.86
2022 totals year-to-date
Total fees charged in 2022 $280.00
Total interest charged in 2022 $420.39
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) $946.72 (D) $22.56
Pur Pr 040820 18.99% (V) $1,330.63 (D) $20.08
ADVANCES
Standard Adv 29.99% (V) $135.15 (D) $3.22
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.
©2022 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. 24-10589-0 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, N.A. 9 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA RENE C. DAVIDSON COURTHOUSE-LIMITED CIVIL CASE 11 12 CAVALRY SPV I, LLC as assignee of CASE NO. Citibank, N.A. 13 COMPLAINT FOR ACCOUNT STATED; Plaintiff, MONEY LENT 14 vs. 15 (DEMAND AMOUNT: $2,436.30) 16 MIGUEL A MENDEZ 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, N.A., 23 as issuer of the Costco credit card account, complains of 24 Defendants, and 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, N.A., as 10 issuer of the Costco card account. The address of the charge-off 11 creditor at the time of charge-off was PO BOX 78019 Phoenix, AZ 12 85062-8019. The last four digits of the charge-off account number 13 are XXXXXXXXXXXX4591. 14 9. The name and last known address of the Defendant as they 15 16 appeared in the charged-off creditor's records prior to the sale of 17 the debt was MIGUEL A MENDEZ, 641 S ELMHURST AVE OAKLAND, CA 94603- 18 2230. 19 10. The name and address of all entities that purchased the 20 debt after charge-off is/are: CAVALRY SPV I, LLC, 355 S Main Street, 21 Suite 300-D Greenville, SC 29601. 22 11. Plaintiff is informed and believes and thereon alleges 23 24 that Defendant MIGUEL A MENDEZ is an individual who resides in the 25 City of Oakland, County of Alameda, State of California. 26 12. Before commencement of this action, in those cases where 27 recovery of costs is dependent on such notices, Plaintiff informed 28 3 Complaint 1 the Defendant(s) in writing that it intended to file this action and 2 that this action may result in a judgment against Defendant(s) that 3 might include court costs and necessary disbursements allowed by 4 C.C.P. § 1033(b)(2). 5 FIRST CAUSE OF ACTION 6 (Account Stated) 7 13. Plaintiff repeats and repleads and incorporates by 8 reference the allegations made in Paragraphs I through 12 of this 9 complaint. 10 14. The balance due at charge off was $2,436.30. After 11 12 deduction for all post charge off offsets and credits, if any, there 13 is now due, owing and unpaid from Defendant to Plaintiff the current 14 balance of $2,436.30, and upon information and belief there is $0.00 15 in post charge-off fees and $0.00 in post charge-off interest. 16 15. Defendants were indebted to the charge-off creditor, 17 Citibank, N.A., as issuer of the Costco card account, in the amount 18 of $2,436.30 on an account stated in writing. Please see the 19 20 statement of account reflecting the indebtedness attached hereto as 21 Exhibit B. This Citibank, N.A. credit card account was for credit 22 card purchases and/or cash advances. Defendant was billed monthly 23 and failed to dispute as required under the Federal Fair Billing Act 24 applicable to such account (15 U.S.C. $ 1666 et seq.). 25 16. The date of last payment made on the account was April 5, 26 2022. 27 28 4 Complaint 1 17. Prior to filing this complaint, all right, title and 2 interest in the account which is the subject of this lawsuit, 3 Account Number XXXXXXXXXXXX4591, was sold and assigned by Citibank, 4 N.A. as issuer of the Costco credit card account, to CAVALRY SPV I, 5 LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue. 6 18. Plaintiff made demand on defendants for payment of that 7 8 sum, but no part of that sum has been paid to plaintiff, and the 9 entire amount is now due and unpaid. 10 19. Neither the whole nor any part of the above charged-off 11 sum has been paid, although payment has been demanded, leaving a 12 balance due, owing and unpaid to Plaintiff in the amount of 13 $2,436.30 and together with costs of suit. 14 SECOND CAUSE OF ACTION 15 (Money Lent) 16 20. Plaintiff repeats and repleads and incorporates by 17 reference the allegations made in Paragraphs 1 through 20 of this 18 complaint. 19 20 21. The balance due at charge off was $2,436.30. After 21 deduction for all post charge off offsets and credits, if any, there 22 is now due, owing and unpaid from Defendant to Plaintiff the current 23 balance of 2,436.30. 24 22. Within the last four years, Defendant became indebted to 25 the charge-off creditor, Citibank, N.A., Costco credit card account, 26 in the amount of $2,436.30 for money lent to or paid out for the 27 28 5 Complaint 1 benefit of Defendant at his/her request, based on Defendant's use 2 and benefit of his/her account. 3 23. The date of last payment made on the account was April 5, 4 2022. 5 24. Neither the whole nor any part of the above charged-off 6 sum has been paid, although payment has been demanded, leaving a 7 8 balance due, owing and unpaid to Plaintiff in the amount of 9 $2,436.30 together with costs of suit. 10 WHEREFORE, plaintiff prays for judgment against Defendants, and 11 each of them, jointly and severally, as follows: 12 FOR THE FIRST CAUSE OF ACTION 13 (1) Damages in the sum $2,436.30; 14 (2) Costs of Suit and; 15 16 (3) Such other relief as the Court may deem just and proper. 17 FOR THE SECOND CAUSE OF ACTION 18 (1) Damages in the sum $2,436.30; 19 (2) Costs of Suit and; 223090.00 20 (3) Such other relief as the Court may deem just and proper. 21 NELSON & KENNARD 22 23 Dated: May 20, 2024 By:______________________________ 24 Gloria Zarco Attorney for Plaintiff April 5, 202211/17/22 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. 26 Dated: May 20, 2024 ______________________________ Gloria Zarco 27 28 1 VERIFICATION EXHIBIT A Costco Anywhere Visa ® Card by Citi MIGUEL A MENDEZ www.citicards.com Member Since 2017 Account number ending in: 4591 Customer Service 1-855-378-6467 Billing Period: 03/18/22-04/19/22 TTY:711 PO Box 790046 ST. LOUIS, MO 63179-0046 APRIL STATEMENT Account Summary Minimum payment due: $55.52 Previous balance $1,950.04 New balance as of 04/19/22: $1,913.09 Payments -$90.00 Payment due date: 05/15/22 Credits -$0.00 See the back of this statement for important information about how to avoid Purchases +$16.53 paying interest on purchases. Cash advances +$0.00 Fees +$0.00 Interest +$36.52 Late Payment Warning: If we do not receive your minimum payment by the date New balance $1,913.09 listed above, you may have to pay a late fee of up to $40 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 And you will end up 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 12 years $4,786 $72 3 years $2,592 (Savings=$2,194) For information about credit counseling services, call 1-877-337-8187. For Payments, send check to: Citi Cards, PO BOX 78019, Phoenix, AZ, 85062-8019 Pay your bill from virtually anywhere Minimum payment due $55.52 with the Citi Mobile® App and Citi® Online New balance $1,913.09 To download: Text 'App15' to MyCiti (692484) Payment due date 05/15/22 or go to your device's app store. www.citicards.com Or visit Amount enclosed: 000000 NC 22 A 0 Account number ending in 4591 Please make check payable to Citi Cards. MIGUEL A MENDEZ Citi Cards 641 S ELMHURST AVE PO BOX 78019 OAKLAND CA 94603-2230 Phoenix, AZ 85062-8019 4591 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY:711 MIGUEL A MENDEZ CARDHOLDER SUMMARY MIGUEL A MENDEZ Card ending in 4591 New Charges $0.00 MARIA MARTINEZ Card ending in 8941 New Charges $16.53 ACCOUNT SUMMARY Sale Post Date Date Description Amount Payments, Credits and Adjustments 04/05 DEBIT CARD PAYMENT - THANK YOU -$90.00 MIGUEL A MENDEZ No Activity MARIA MARTINEZ Standard Purchases 03/28 03/28 Amazon Prime*1N98Q8YF2 Amzn.com/billWA $16.53 Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 04/19 INTEREST CHARGED TO STANDARD ADV $3.11 04/19 INTEREST CHARGED TO STANDARD PURCH $16.28 04/19 INTEREST CHARGED TO PUR PR-04/08/20. $17.13 TOTAL INTEREST FOR THIS PERIOD $36.52 2022 totals year-to-date Total fees charged in 2022 $40.00 Total interest charged in 2022 $137.18 Interest charge calculation Days in billing cycle: 33 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) $600.50 (D) $16.28 Pur Pr 040820 15.49% (V) $1,223.21 (D) $17.13 ADVANCES Standard Adv 29.99% (V) $114.79 (D) $3.11 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 be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 05/08/2022 to allow enough time for regular mail to reach us. ©2022 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. EXHIBIT B Costco Anywhere Visa ® Card by Citi MIGUEL A MENDEZ www.citicards.com Member Since 2017 Account number ending in: 4591 Customer Service 1-855-378-6467 Billing Period: 10/20/22-11/17/22 TTY:711 PO Box 790046 ST. LOUIS, MO 63179-0046 NOVEMBER STATEMENT Account Summary Minimum payment due: $2,436.30 Previous balance $2,390.44 New balance as of 11/17/22: $2,436.30 Payments -$0.00 Payment due date: 11/17/22 Credits -$0.00 See the back of this statement for important information about how to avoid Purchases +$0.00 paying interest on purchases. Cash advances +$0.00 Fees +$0.00 Interest +$45.86 Late Payment Warning: If we do not receive your minimum payment by the date New balance $2,436.30 listed above, you may have to pay a late fee of up to $40 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 $2,436 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 $2,436.30 with the Citi Mobile® App and Citi® Online New balance $2,436.30 To download: Text 'App15' to MyCiti (692484) Payment due date 11/17/22 or go to your device's app store. www.citicards.com Or visit Amount enclosed: 000000 NC 32 A 0 Account number ending in 4591 Please make check payable to Citi Cards. MIGUEL A MENDEZ Citi Cards 641 S ELMHURST AVE PO BOX 78019 OAKLAND CA 94603-2230 Phoenix, AZ 85062-8019 4591 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY:711 MIGUEL A MENDEZ CARDHOLDER SUMMARY MIGUEL A MENDEZ Card ending in 4591 New Charges $0.00 MARIA MARTINEZ Card ending in 8941 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount MIGUEL A MENDEZ No Activity MARIA MARTINEZ No Activity Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 11/17 INTEREST CHARGED TO STANDARD ADV $3.22 11/17 INTEREST CHARGED TO STANDARD PURCH $22.56 11/17 INTEREST CHARGED TO PUR PR-04/08/20. $20.08 TOTAL INTEREST FOR THIS PERIOD $45.86 2022 totals year-to-date Total fees charged in 2022 $280.00 Total interest charged in 2022 $420.39 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) $946.72 (D) $22.56 Pur Pr 040820 18.99% (V) $1,330.63 (D) $20.08 ADVANCES Standard Adv 29.99% (V) $135.15 (D) $3.22 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. ©2022 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.