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1 || Matthew W. Quall, #183759
Ranjeet K. Brar, #297142
2 || Ingrid V. Caero, #317349
Tiffany A. Pack, #323159
3 || Norin Minhas, #349724
Quali Cardot LLP
4 || 205 East River Park Circle, Suite #110
Fresno, California 93720
5 || Mquall@quallcardot.com
(888) 289-1231 Phone
6 || (559) 418-0330 Fax
Quall Cardot LLP’s California-DFPI Debt Collector License Number: 10077-99
7
Attorneys for Plaintiff
g || CAVALRY SPV I, LLC
? SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF ALAMEDA
11
ry CAVALRY SPV I, LLC, Case No.
13 Plaintiff, Limited Civil Case
14 Vv. COMPLAINT FOR COMMON COUNTS
15 AYESHA ANDERSON , an individual; and 1. Account Stated
DOES | through 100, inclusive, 2. Open Book
16 Defendants.
Demand Amount: $1,604.98
17
18 BACKGROUND ALLEGATIONS
19 1. At all times herein mentioned, Plaintiff was, and now is, a limited liability
20 company with its principal place of business located in Greenwich, CT, and at all times mentioned
21 herein, was, and now is, authorized to do business in the State of California.
22 2. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as
23 DOES | through 50, inclusive, and therefore sues these Defendants by fictitious names. Plaintiff
24 will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is
25 informed and believes and, on that basis, alleges that each of these fictitiously named Defendants
26 is responsible in some manner for the acts or omissions in this Complaint, and that Plaintiff's
27 damages and injuries were proximately caused by the acts or omissions of these Defendants.
28
Complaint for Common Counts -1-
1 3, Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they
2 ||have damaged it, but is unaware of their capacity or conduct as described in this Complaint.
3 || Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will
4 || seek leave to amend the Complaint when it has knowledge of facts indicating the true nature of
5 || their capacity and conduct in the events described in this Complaint.
6 4. At all times mentioned in this Complaint, each Defendant was the agent, servant,
7 || and/or employee of each of the remaining Defendants and was, in doing the things complained
8 || of, within the scope of his, her, or its agency and employment, and acting with full knowledge or
9 || subsequent ratification of his, her, or its principals or employees.
10 5. Defendants, and each of them, reside in this Judicial District. The account herein
11 || described was entered into and/or performed in this Judicial District such that this Judicial District
12 |lis the proper venue for this action. (California Code of Civil Procedure section 395.) The
13 || obligation sued upon is not subject to the provisions of California Civil Code section 2984.4, nor
14 || California Civil Code section 1812.10.
15 6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing
16 ||charged-off consumer debt for collection purposes, as defined in California Civil Code
17 || section 1788.50, subdivision (a)(1). The nature of the underlying debt and transaction which
18 || forms the basis for this complaint stems from the issuance of credit on an account Defendant(s)
19 |; held with Synchrony Bank fka GE Capital Retail Bank account number ending in 2162
20 || (hereinafter referred to as the “Account’), and Defendant(s)’ failure to pay the balance due on the
21 || Account, resulting in a default on the Account by Defendant(s).
22 7. Plaintiff is the sole owner of the Account which forms the basis for this Complaint.
23 || The California Department of Financial Protection and Innovation (DFP) license number for
24 || Cavalry SPV I, LLC is 10630-99.
25 8. As of 01/18/2023, the date the Account was charged off by Synchrony Bank fka
26 || GE Capital Retail Bank, the balance on the Account was $1,645.98. Subsequent to charge-off
27 || there were adjustments and/or credits applied to the Account, leaving a balance of $1,604.98.
28 9. The last payment on the Account by Defendant(s) was 11/01/2022.
ComplaintforCommonCounts 2
1 10. At the time the Account was charged-off, the name and address of the charge-off
2 |/creditor and the charge-off creditor’s account number associated with the Account was:
3 || Synchrony Bank fka GE Capital Retail Bank, PO BOX 960006 ORLANDO, FL 32896-0006,
4 || account number ending in 2162.
5 11. The name and last known address of the Defendant(s) as they appeared in
6 ||Synchrony Bank fka GE Capital Retail Bank’s records prior to the sale of the Account was
7 ||} AYESHA ANDERSON 1055 8TH ST APT A1003 OAKLAND CA 946072662.
8 12. | The names and addresses of all persons or entities that purchased the Account after
9 || charge-off, including Plaintiff are as follows: Cavalry SPV 1, LLC 1 American Lane, Suite 220
10 |) Greenwich, CT 06831. (True and correct copies of the chain of title reflecting the purchasers of
1] || the Account up through and including Plaintiff are attached hereto and incorporated herein by
12 || reference as though fully set forth herein as Exhibit 1.) All rights, title, and interest in the Account,
13 || which is the subject of the lawsuit were assigned to Plaintiff.
14 13. Plaintiffhas complied with California Civil Code section 1788.52.
15 14. A true and correct copy of a contract or other document described in subdivision
16 || (b) of section 1788.52 of the California Civil Code is attached hereto and incorporated herein by
17 || reference as though fully set forth herein as Exhibit 2.
18 FIRST CAUSE OF ACTION
19 (Account Stated)
20 15. Plaintiff alleges each and every allegation contained in the Background
21 || Allegations, and incorporates them by this reference as though set forth in full.
22 16. An account has been stated between Defendant(s), and each of them, and
23 || Synchrony Bank fka GE Capital Retail Bank in the sum of $1,645.98.
24 17. Defendant(s)’ last payment was made on 11/01/2022.
25 18. Defendant(s), and each of them, are in default in that they have failed to pay the
26 || balance due.
27 19. After adjustments and/or credits applied to the Account post charge off,
28 || Defendant(s), and each of them are in default in the sum of $1,604.98.
ComplaintforCommon
i Counts
1 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,604.98.
2 21. No part of said sum has been paid, although demand therefor has been made, and
3 || there is now due, owing and unpaid from said Defendant(s), and each of them, to Plaintiff, said
4 || amount.
5 SECOND CAUSE OF ACTION
6 (Open Book)
7 22. Plaintiff alleges each and every allegation contained in the Background
8 || Allegations, and incorporates them by this reference as though set forth in full.
9 23. Within four (4) years last past, Defendant(s), and each of them, became indebted
10 |) to Synchrony Bank fka GE Capital Retail Bank on an open book account for money due in the
11 |} sum ofat least $1,645.98. Although demand therefore has been made, said Defendant(s), and each
12 || of them, have failed and refused to pay said agreed balance. After adjustments and/or credits
13 |; applied to the Account post charge off, there is now due, owing and unpaid from said
14 || Defendant(s), and each of them, the sum of $1,604.98.
15 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,604.98.
16 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
17 || follows:
18 AS TO AND FOR ALL CAUSES OF ACTION:
19 1. For the sum of $1,604.98;
20 2. For costs of suit incurred herein; and
21 3. For such other and further relief as the Court may deem just and proper.
22 || Dated: S lly LA
33 QUALL CARDOT LLP
25 [ ] Matthew W. Quall
[ ] Ranjeet K. Brar
26 [ |] Ingnd V. Caero
L-T Tiffany A. Pack
17 | ] Norin Minhas
Attorneys for Plaintiff
28 CAVALRY SPV I, LLC
Complaint for Common Counts -4-
EXHIBIT “1”
DocuSign Envelope ID: D2C8CAC1-D289-4167-9203-7B26C4E2B28
. synchrony
965 Keller Rd
Altamonte Springs, FL 32714
BILL of SALE
Cavalry (SNBLCINS) — RF Inconvenient Time BULK— October 2023
Transfer Date: 10/7/2023
For value received and in further consideration of the mutual covenants and conditions
set forth in the Master Account Sale Agreement (the “Agreement”), dated as of this 13" day of
February, 2023 by and between Synchrony Bank formerly known as GE Capital Retail Bank;
RFS Holding, LLC, Synchrony Card Funding, LLC and Retail Finance Credit Services, LLC.,
(“Seller”) and Cavalry SPV I, LLC (“Buyer”), Seller hereby assigns transfers, sells, conveys,
grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in
the Agreement, to the extent of its ownership and right to sell, the Accounts as set forth in the
Notification Files (as defined in the Agreement and Account Sale Addendum dated 10/3/2023),
delivered by Seller to Buyer on or about the 7" day of October, 2023, and as further described in
the Agreement.
The aggregate Sale Balance of the accounts as of the Transfer Date was
Synchrony, Bank.
By: | (gue Fisker 11/6/2023
Lynne Fisher
Title: SVP Recovery Operations
RFS Holding L1,C
By: | lynne Filer 11/6/2023
Lynne Fisher : -
Title: Duly Authorized Signatory
Synchrony
Card Funding, LLC
By: | = Fisker 11/6/2023
Lynne Fisher .
Title: Duly Authorized Signatory
Retail Finange.Gredit Services. LLC
py: | yaue Fier 11/6/2023
Lynne Fisher —_
Title: Vice President
AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of Florida County of Seminole |
Alexa Stubbs being duly sworn, deposes and says:
I am over 18 and not a party of this action. I am a Media Representative of Synchrony Bank
formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and
records, and am aware of the process of the sale and assignment of electronically stored business
records, ;
On or about 10/7/2023 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool
of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to
Cavalry SPV I LLC. As part of the sale of the Accounts, electronic records and other records
were transferred on individual Accounts to the debt buyer. These records were kept in the
ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank.
The Creditor has a process to detect and correct errors on these accounts. The above statements
are true to the best of my knowledge. .
Signed this 6th day of November, 2023
Aa
Alexa Stubbs
Signed and sworn to before me this 6th day of November, 2023
(Notary Stamp) a
I] wit, JOSE C.
. U = ne ae,
; Ss \ee NotaryPublie seen of ede
TM! UE ___December
rere 200 |
'
Cy . \ it 05, 3025 |f
NY AOS 1.3 2/1/2017 - St. Paul .
NY CoC CERTIFICATE OF CONFORMITY UNDER |
NYS CLS CPLR § 2309(c) AND NYS CLS RPL § 299-a
The undersigned does hereby certify that he/she is an attorney-at-law duly admitted to
practice in the State of Florida and residing in the State of Florida; that he/she is a person duly
. qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law
of the State of New York; that he/she is fully acquainted with the laws of the State of Florida
pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proof upon
the foregoing Affidavit of Alexa Stubbs was taken by Jose Rodriguez, a notary public in the
State of Florida, in the manner prescribed by the laws of the State of Florida, being the state in
which the Affidavit was taken; and, based on his/her review thereof, that the notarized Affidavit
conforms to the laws of the State of Florida in all respects. |
Witness my signature this 6th day of November, 2023
Tyler Burich
Attorney-at-law, State of Florida.
EXHIBIT “2”
PayPal
| CREDIT Need More Information?
Statement Closing Date: 11/20/22 View your account online at paypal.com
nays ied Perio 30 o162 Or call 1-844-377-4136 8 AM ET to 11 PMET
ccount Number: [x .
Customer Name: AYESHA ANDERSON Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $1,585.45 New Balance $1,528.28
- Payments & Credits $132.00 Amount Past Due $417.00
+ Purchases & Adjustments $0.00 Minimum Payment Due $506.00
+ Fees $41.00 | | Payment Due Date 12/13/22
+ INTEREST CHARGES $33.83 | | Amount to avoid Standard and Deferred Interest
= New Balance $1,528.28 on your next statement: $1,528.28
ch
Credit Limit , $1,200.00 Late Payment Warning: If we do not receive your minimum payment
Available Credit OVERLIMIT | | by 12/13/22, you may have to pay a late fee of up to $41.00,
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example:
'HEyou make no more | You will pay offthe | And you will end up payi
charges using this | balance shown on this | ‘an estimated total of:
accountandeach
monthyoupay:
statementinabout: js
fe ee
Only the minimum
if you would like information about credit counseling services, call
1-877-302-8775.
CURRENT ACTIVITY e a Pees ee oe oe : Se uhethastcanetes . ae
PAYMENTS
& CREDITS CUR ee ees
Tran Date Posting Date Reference Number Description Amount
1022 11/01/22 P928300N200XTMJG7 Phone Payment-Thank You -$132.00
Alpharetta Ga a
Total Payments & Credits -$132.00
Tran Date Posting Date Description
ne tt ttn nee Amount
UIE
11/13/22 11/13/22 Late Fee $41.00
Total Fees $41.00
INTEREST CHARGED. OR Ss Oe : ee
Tran Date Posting Date
tt Description
el en tt te er Amount
OU
11/20/22 1120/22 Interest Charge on Purchases $13.73
11/20/22 11/20/22 interest Charge on Cash Advances $20.10
Total interest $33.83
2022 Totals Year TO DRO oc eceenemnntnrennnntnntnetettenneetptnnetnctnitntienenetee
Total Fees Charged in 2022: $352.00 Total Interest Charged in 2022: $303.65
vette PORTANT ACCOUNT INFORMATION
YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and ather important information
6128 ABI OO1 7% 18 222120 9 EXPAGE 1 of 2 Lil $283 1000 FPPOS O1FI6128
i —
: PayPal Detach and mail this portion with your check. De not include any correspondence with your check.
_ Account Number: 2162
J CREDI T New Balance: $1,528.28
Payment Due Date: 12/13/22
Make Check Payable to PayPal Credit Minimum Payment Due: $506.00
Return this portion with your payment. .
Write your account number on your check. Amount Enclosed:
To receive electronic statements or make
online payments visit paypal.com.
PAYPAL CREDIT/SYNCB AYESHA ANDERSON
PO BOX 960006 1055 8TH ST APT A1003
ORLANDO, FL. 32896-0006 OAKLAND CA 94607-2662
—
Customer Service: For account information, call the number on the front of this statement. For Hearing or Speech disabilities, use a TRS. Uniess your name is listed on this slalement,
your access to information on the account may be limited. You may also mail questions (but not payments) fo: P.O. Box 965004, Orlando, FL. 32896-5004. Please include your account number
On any correspondence you send fo us.
Payments: Send payments to the address listed on the remit portion of this statement or pay online atwww paypal.com.
— Notice: See below for your Billing Rights and other important information.
Purchases, retums, and payments made just prior to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us either to use information from
your check to make a one-lime electronic fund transfer from your account or to process the payment as @ check transaction. When we use information from your check to make an electronic fund
iransfer, funds may be withdrawn from you @ocount as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. You may choose
ma not to have your Eprment collected electronically by sending your payment (with the payment stub), in your own envelope - not the enclosed window envelope, addressed to: RO. Box
530993, Atlanta, GA 30353-0093 and not the Payment Address,
What To DoHf You Think You Find A Mistake On Your Statement Payments Made By Phone Or Online: {f you make a payment by phone or online before 11:59
f you think there is an error on your statement, write fo us at: Synchrony Bank, P.O, Box 965003, | p.m. Eastem Time, we will credit tas of the date the payment is made.
Orlando, FL 32896-5003 Conditional Payments: All written communications conceming disputed amounts, including any
Or call customer service at 1-844-373-4961. check or other payment instrument that: ()) indicates that the payment conslitutes “payment in ful?”
If you write to us, in your letter, give us the following information: of is tendered as full satisfaction of a disputed amount, or {ii} is tendered with ather conditions or
» Account information: Your name and account number. limitations (Dérated Payments’}, must be mailed or delivered fo us at P.O. Box 965003, Orlando,
« Dollar amount The dolar amount of the suspecied error. FL 32896-5003.
+ Descretion of Problem: ilyou think theres
af error on your bl, describe what you believe Iswrengandwhy | Credits To Your Account;An amount shown in parentheses or preceded by a minus (.) sign is a
you believe tis a mistake. Youmustctalus win 6 ca ter the error appeared onyoursaenent cradit or credit balance unless otherwise indicated reds wil be applied to your mens balance
_ You must notfy us of any potential errors in writing or by calling customer service at 1-844-373-4961. | immediately upon receipt, but will nol salisfy any required payment thal may be due.
While we investigate whether or not there has been an error, the following are true: Credit Reports And Account Information: if you believe that we have reported inaccurate
+ We cannot ty to collect
the ammount in question, of report you as delinquenton that amount. information about you to a consumer reporting agency, please contact us at BO. Box 965005,
+ The charge in question may remain on your statement, and we may continue to charge you interest
on | Orlando, FL 32896-5005. in doing so, pleaseientiy the inaccurate information and tell us why you
that amount. But, ifwe determine that we made a mistake, you wil not have to pay the amount in question | believe itis incorrect. Ifyou have a py of the credit report that includes the inaccurate information,
Orany interest or other fees related to that amount, please indudea copyof that report We may fepor information about your account to credit bureaus.
» While youdongt haveto pay the amountin question, you are responsible for the remainder of your balance. | Late payments, missed payments, or other defaults on your account may be reflected in your credit
+ We can apply any unpaid amount against your ced init report. /
Your Rights if You Are Dissatisfied With Your Credit Card Purchases Paying interest: We wil not charge you any interest on non-promotional transactions if you pay
Kyou ae dissatisfied with the goods or services that you have purchased with your credit card, and | Your entire balance bythe due date each month. Please refer to the dize date shown on the front of
you have tried in good faith fo correct the problem with the merchant, you may have the right not to | Your Statement. We will begin charging interest on promotional purchases on the purchase date.
gay the remaining amount due on the purchase. How We Calculate interest
‘0 use this right, all of the following must be true: We calculate interest on your account for each Biing oycle separately for each balance type. A
1, The purchase musthave been madein your home state or within 100 mies of your current maing acidress, | separate average daily balance is calculated for the following balance types, as applicable: standard
and the purchase price must have been more than $50. (Note: Nether of these are necessary your | purchases, cash advances and promotional purchases. To get the average daily balance, we take
purchase was based on an adverisement we mailed to you, or if we own the company that sold you the | the starting balance each day, induding billed interes! and billed fees, add the daily interest amount
goods or services} from the previous day, add any new Srarges anc adjustments posted that ay and subtract any
2. Youmusthave used your credit carc for the purchase. Purchases made with cash advances roman ATM | payments or credits (treating any net credif balance as zero}, This gives us the daily balance, Then,
orwith a check that accesses your credit card account do nat qualify. we add up all the dally balances for the biing cycle and divide the total by the number of days in the
3. You must notyet have fully paid for the purchase. billing cycle. The result is the average daily balance. We multiply the average daily balance by the
lfall of the critena above are met and you are stil dissatisfied with the purchase, contact us in writing | applicable daily rate to get the daily interest amount. Then we multiply the dally interest amount by
at:Sypenrony Bank the number of days in the billing cycle to determine the interest charges.
B.O. Box 9650 3, Orlando, FL 32896-5003 Amount To Avoid Standard And Deferred Interest On Your Next Statement:
OF call customer serviceat 1-844-373-4961. . _
While we investigate, the same rulesapply to the disputed amount as discussed above. Aer we | This amount includes:
see PAYMENT INFORMATION box on front page).
finish our investigation, we will tell you our decision, At that point, ifwe think you awe an amount and Standard Purchases and Cash Advances
you do not pay we may report you as delinquent. Purchases without any promotional offer and Cash Advances.
Information About Payments: You may at any time pay, in whole or in part, the total unpaid | Deferred interest Purchases Expiring This Billing Cycle oo.
balance without any additional charge for prepayment. Purchases made with ‘No Payments + No interes! if paid in full’ and ‘No interest if paid in full
Payments Made By Mail Or Made Using A Third-Party Bill Pay Service Provider: Payments promotions that are about to ore,
received after 5.00 p.m. (ET) on any day will be credited as of the next day. Credit to your Account | Easy Payments Purchases ily Plan Payments .
may be delayed up to five days if payment (a} is not received at the Payment Address, (b) is not made | Although unrelated to avoiding Standard and Deferred Interest, we include Monthly Plan Payments
in U.S. dollars drawn on a U-S. financial institution located in the U.S,, (c) is not accompanied by the | to help you avoid late fees. you have a Financed Easy Payments Purchase balance, you will
remittance coupon attached to your statement, (d) contains more than one payment or remittance | continue to be assessed interest on the Easy Payments Purchase balance until it is paid in ful .
coupon, or (2) includes staples, paper clips, tape, a folded check, or comespondence of any type. | Your Account is owned and serviced by Synchrony Bank.
{WF3200090A] O1F16128 - 1 03/91/27
Bankruptcy Notice: if you fie bankruptcy, you must send us notice, including account number and alt information related to the proceeding to the following address: Synchrony Bank, Attn: Bankruptcy
Dept., PO Box 965068 Orlando, FL 32866 3065,
This is an attempt to collect @ debt and any information obtained wil be used for thal purpose.
*By providing a telephone number on your account, you consent to Synchrony Bank and any other owner or servicer of your account contacting you about your acoount, including using any contact
information or cellphone numbers you provide, and you consent to the use of any automatic telephone dialing system and/or an arlfficial or prerecorded voice when contacting you, even iH you are
charged for the call under your phone pian.
For changes of address, phone number and/or email, please check the box and print the changes below. These changes will be applied to PayPal Credit but not fo your PayPal Account
Street
C] Address tn nee nnn
City, State
Phone #
“Home Phone # *Business Phone # *Cell # or other phone # “Email Address
we can use to contact you
* By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address with PayPal Credit.
Statement Closing Date: 11/20/22 View your account online at paypal.com
nos ong Perio 30 e162 Or call 1-844-377-4136 8 AM ET to 11 PMET
ccount Number: AYESHA
Customer Name: Jia ANDERSON Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun /
INTERESTDETAILS ts : Oe ao =
INTEREST CHARGE CALCULATION => : “20 Nour Annual Percentage Rate (APR)s thé annual interest rate on your account.
Balance Type Annual Percentage Balance Subject to —_— Interest Charged Current Balance
Rate(APR) Interest Rate
Standard Purchases 26.99% (v) $618.90 $13.73 $640.88
PayPal Send Money Cash Advances 26.99% (v) $905.98 $20.10. $887.40
{v= Variable Rate
JACCOUNTHOLDER NOT CES tnt ane
if you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a déceased notification form located at
www.syf.com under the ‘Contact Us' page.
This is.a duplicate courtesy copy of your most recent billing statement. You can still view and pay your electronic statement online.
You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no
longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account
online.
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1 || Matthew W. Quall, #183759 Ranjeet K. Brar, #297142 2 || Ingrid V. Caero, #317349 Tiffany A. Pack, #323159 3 || Norin Minhas, #349724 Quali Cardot LLP 4 || 205 East River Park Circle, Suite #110 Fresno, California 93720 5 || Mquall@quallcardot.com (888) 289-1231 Phone 6 || (559) 418-0330 Fax Quall Cardot LLP’s California-DFPI Debt Collector License Number: 10077-99 7 Attorneys for Plaintiff g || CAVALRY SPV I, LLC ? SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF ALAMEDA 11 ry CAVALRY SPV I, LLC, Case No. 13 Plaintiff, Limited Civil Case 14 Vv. COMPLAINT FOR COMMON COUNTS 15 AYESHA ANDERSON , an individual; and 1. Account Stated DOES | through 100, inclusive, 2. Open Book 16 Defendants. Demand Amount: $1,604.98 17 18 BACKGROUND ALLEGATIONS 19 1. At all times herein mentioned, Plaintiff was, and now is, a limited liability 20 company with its principal place of business located in Greenwich, CT, and at all times mentioned 21 herein, was, and now is, authorized to do business in the State of California. 22 2. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as 23 DOES | through 50, inclusive, and therefore sues these Defendants by fictitious names. Plaintiff 24 will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is 25 informed and believes and, on that basis, alleges that each of these fictitiously named Defendants 26 is responsible in some manner for the acts or omissions in this Complaint, and that Plaintiff's 27 damages and injuries were proximately caused by the acts or omissions of these Defendants. 28 Complaint for Common Counts -1- 1 3, Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they 2 ||have damaged it, but is unaware of their capacity or conduct as described in this Complaint. 3 || Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will 4 || seek leave to amend the Complaint when it has knowledge of facts indicating the true nature of 5 || their capacity and conduct in the events described in this Complaint. 6 4. At all times mentioned in this Complaint, each Defendant was the agent, servant, 7 || and/or employee of each of the remaining Defendants and was, in doing the things complained 8 || of, within the scope of his, her, or its agency and employment, and acting with full knowledge or 9 || subsequent ratification of his, her, or its principals or employees. 10 5. Defendants, and each of them, reside in this Judicial District. The account herein 11 || described was entered into and/or performed in this Judicial District such that this Judicial District 12 |lis the proper venue for this action. (California Code of Civil Procedure section 395.) The 13 || obligation sued upon is not subject to the provisions of California Civil Code section 2984.4, nor 14 || California Civil Code section 1812.10. 15 6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing 16 ||charged-off consumer debt for collection purposes, as defined in California Civil Code 17 || section 1788.50, subdivision (a)(1). The nature of the underlying debt and transaction which 18 || forms the basis for this complaint stems from the issuance of credit on an account Defendant(s) 19 |; held with Synchrony Bank fka GE Capital Retail Bank account number ending in 2162 20 || (hereinafter referred to as the “Account’), and Defendant(s)’ failure to pay the balance due on the 21 || Account, resulting in a default on the Account by Defendant(s). 22 7. Plaintiff is the sole owner of the Account which forms the basis for this Complaint. 23 || The California Department of Financial Protection and Innovation (DFP) license number for 24 || Cavalry SPV I, LLC is 10630-99. 25 8. As of 01/18/2023, the date the Account was charged off by Synchrony Bank fka 26 || GE Capital Retail Bank, the balance on the Account was $1,645.98. Subsequent to charge-off 27 || there were adjustments and/or credits applied to the Account, leaving a balance of $1,604.98. 28 9. The last payment on the Account by Defendant(s) was 11/01/2022. ComplaintforCommonCounts 2 1 10. At the time the Account was charged-off, the name and address of the charge-off 2 |/creditor and the charge-off creditor’s account number associated with the Account was: 3 || Synchrony Bank fka GE Capital Retail Bank, PO BOX 960006 ORLANDO, FL 32896-0006, 4 || account number ending in 2162. 5 11. The name and last known address of the Defendant(s) as they appeared in 6 ||Synchrony Bank fka GE Capital Retail Bank’s records prior to the sale of the Account was 7 ||} AYESHA ANDERSON 1055 8TH ST APT A1003 OAKLAND CA 946072662. 8 12. | The names and addresses of all persons or entities that purchased the Account after 9 || charge-off, including Plaintiff are as follows: Cavalry SPV 1, LLC 1 American Lane, Suite 220 10 |) Greenwich, CT 06831. (True and correct copies of the chain of title reflecting the purchasers of 1] || the Account up through and including Plaintiff are attached hereto and incorporated herein by 12 || reference as though fully set forth herein as Exhibit 1.) All rights, title, and interest in the Account, 13 || which is the subject of the lawsuit were assigned to Plaintiff. 14 13. Plaintiffhas complied with California Civil Code section 1788.52. 15 14. A true and correct copy of a contract or other document described in subdivision 16 || (b) of section 1788.52 of the California Civil Code is attached hereto and incorporated herein by 17 || reference as though fully set forth herein as Exhibit 2. 18 FIRST CAUSE OF ACTION 19 (Account Stated) 20 15. Plaintiff alleges each and every allegation contained in the Background 21 || Allegations, and incorporates them by this reference as though set forth in full. 22 16. An account has been stated between Defendant(s), and each of them, and 23 || Synchrony Bank fka GE Capital Retail Bank in the sum of $1,645.98. 24 17. Defendant(s)’ last payment was made on 11/01/2022. 25 18. Defendant(s), and each of them, are in default in that they have failed to pay the 26 || balance due. 27 19. After adjustments and/or credits applied to the Account post charge off, 28 || Defendant(s), and each of them are in default in the sum of $1,604.98. ComplaintforCommon i Counts 1 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,604.98. 2 21. No part of said sum has been paid, although demand therefor has been made, and 3 || there is now due, owing and unpaid from said Defendant(s), and each of them, to Plaintiff, said 4 || amount. 5 SECOND CAUSE OF ACTION 6 (Open Book) 7 22. Plaintiff alleges each and every allegation contained in the Background 8 || Allegations, and incorporates them by this reference as though set forth in full. 9 23. Within four (4) years last past, Defendant(s), and each of them, became indebted 10 |) to Synchrony Bank fka GE Capital Retail Bank on an open book account for money due in the 11 |} sum ofat least $1,645.98. Although demand therefore has been made, said Defendant(s), and each 12 || of them, have failed and refused to pay said agreed balance. After adjustments and/or credits 13 |; applied to the Account post charge off, there is now due, owing and unpaid from said 14 || Defendant(s), and each of them, the sum of $1,604.98. 15 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,604.98. 16 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as 17 || follows: 18 AS TO AND FOR ALL CAUSES OF ACTION: 19 1. For the sum of $1,604.98; 20 2. For costs of suit incurred herein; and 21 3. For such other and further relief as the Court may deem just and proper. 22 || Dated: S lly LA 33 QUALL CARDOT LLP 25 [ ] Matthew W. Quall [ ] Ranjeet K. Brar 26 [ |] Ingnd V. Caero L-T Tiffany A. Pack 17 | ] Norin Minhas Attorneys for Plaintiff 28 CAVALRY SPV I, LLC Complaint for Common Counts -4- EXHIBIT “1” DocuSign Envelope ID: D2C8CAC1-D289-4167-9203-7B26C4E2B28 . synchrony 965 Keller Rd Altamonte Springs, FL 32714 BILL of SALE Cavalry (SNBLCINS) — RF Inconvenient Time BULK— October 2023 Transfer Date: 10/7/2023 For value received and in further consideration of the mutual covenants and conditions set forth in the Master Account Sale Agreement (the “Agreement”), dated as of this 13" day of February, 2023 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, LLC, Synchrony Card Funding, LLC and Retail Finance Credit Services, LLC., (“Seller”) and Cavalry SPV I, LLC (“Buyer”), Seller hereby assigns transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership and right to sell, the Accounts as set forth in the Notification Files (as defined in the Agreement and Account Sale Addendum dated 10/3/2023), delivered by Seller to Buyer on or about the 7" day of October, 2023, and as further described in the Agreement. The aggregate Sale Balance of the accounts as of the Transfer Date was Synchrony, Bank. By: | (gue Fisker 11/6/2023 Lynne Fisher Title: SVP Recovery Operations RFS Holding L1,C By: | lynne Filer 11/6/2023 Lynne Fisher : - Title: Duly Authorized Signatory Synchrony Card Funding, LLC By: | = Fisker 11/6/2023 Lynne Fisher . Title: Duly Authorized Signatory Retail Finange.Gredit Services. LLC py: | yaue Fier 11/6/2023 Lynne Fisher —_ Title: Vice President AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Florida County of Seminole | Alexa Stubbs being duly sworn, deposes and says: I am over 18 and not a party of this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and records, and am aware of the process of the sale and assignment of electronically stored business records, ; On or about 10/7/2023 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Cavalry SPV I LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. . Signed this 6th day of November, 2023 Aa Alexa Stubbs Signed and sworn to before me this 6th day of November, 2023 (Notary Stamp) a I] wit, JOSE C. . U = ne ae, ; Ss \ee NotaryPublie seen of ede TM! UE ___December rere 200 | ' Cy . \ it 05, 3025 |f NY AOS 1.3 2/1/2017 - St. Paul . NY CoC CERTIFICATE OF CONFORMITY UNDER | NYS CLS CPLR § 2309(c) AND NYS CLS RPL § 299-a The undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Florida and residing in the State of Florida; that he/she is a person duly . qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully acquainted with the laws of the State of Florida pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proof upon the foregoing Affidavit of Alexa Stubbs was taken by Jose Rodriguez, a notary public in the State of Florida, in the manner prescribed by the laws of the State of Florida, being the state in which the Affidavit was taken; and, based on his/her review thereof, that the notarized Affidavit conforms to the laws of the State of Florida in all respects. | Witness my signature this 6th day of November, 2023 Tyler Burich Attorney-at-law, State of Florida. EXHIBIT “2” PayPal | CREDIT Need More Information? Statement Closing Date: 11/20/22 View your account online at paypal.com nays ied Perio 30 o162 Or call 1-844-377-4136 8 AM ET to 11 PMET ccount Number: [x . Customer Name: AYESHA ANDERSON Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $1,585.45 New Balance $1,528.28 - Payments & Credits $132.00 Amount Past Due $417.00 + Purchases & Adjustments $0.00 Minimum Payment Due $506.00 + Fees $41.00 | | Payment Due Date 12/13/22 + INTEREST CHARGES $33.83 | | Amount to avoid Standard and Deferred Interest = New Balance $1,528.28 on your next statement: $1,528.28 ch Credit Limit , $1,200.00 Late Payment Warning: If we do not receive your minimum payment Available Credit OVERLIMIT | | by 12/13/22, you may have to pay a late fee of up to $41.00, Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: 'HEyou make no more | You will pay offthe | And you will end up payi charges using this | balance shown on this | ‘an estimated total of: accountandeach monthyoupay: statementinabout: js fe ee Only the minimum if you would like information about credit counseling services, call 1-877-302-8775. CURRENT ACTIVITY e a Pees ee oe oe : Se uhethastcanetes . ae PAYMENTS & CREDITS CUR ee ees Tran Date Posting Date Reference Number Description Amount 1022 11/01/22 P928300N200XTMJG7 Phone Payment-Thank You -$132.00 Alpharetta Ga a Total Payments & Credits -$132.00 Tran Date Posting Date Description ne tt ttn nee Amount UIE 11/13/22 11/13/22 Late Fee $41.00 Total Fees $41.00 INTEREST CHARGED. OR Ss Oe : ee Tran Date Posting Date tt Description el en tt te er Amount OU 11/20/22 1120/22 Interest Charge on Purchases $13.73 11/20/22 11/20/22 interest Charge on Cash Advances $20.10 Total interest $33.83 2022 Totals Year TO DRO oc eceenemnntnrennnntnntnetettenneetptnnetnctnitntienenetee Total Fees Charged in 2022: $352.00 Total Interest Charged in 2022: $303.65 vette PORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and ather important information 6128 ABI OO1 7% 18 222120 9 EXPAGE 1 of 2 Lil $283 1000 FPPOS O1FI6128 i — : PayPal Detach and mail this portion with your check. De not include any correspondence with your check. _ Account Number: 2162 J CREDI T New Balance: $1,528.28 Payment Due Date: 12/13/22 Make Check Payable to PayPal Credit Minimum Payment Due: $506.00 Return this portion with your payment. . Write your account number on your check. Amount Enclosed: To receive electronic statements or make online payments visit paypal.com. PAYPAL CREDIT/SYNCB AYESHA ANDERSON PO BOX 960006 1055 8TH ST APT A1003 ORLANDO, FL. 32896-0006 OAKLAND CA 94607-2662 — Customer Service: For account information, call the number on the front of this statement. For Hearing or Speech disabilities, use a TRS. Uniess your name is listed on this slalement, your access to information on the account may be limited. You may also mail questions (but not payments) fo: P.O. Box 965004, Orlando, FL. 32896-5004. Please include your account number On any correspondence you send fo us. Payments: Send payments to the address listed on the remit portion of this statement or pay online atwww paypal.com. — Notice: See below for your Billing Rights and other important information. Purchases, retums, and payments made just prior to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us either to use information from your check to make a one-lime electronic fund transfer from your account or to process the payment as @ check transaction. When we use information from your check to make an electronic fund iransfer, funds may be withdrawn from you @ocount as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. You may choose ma not to have your Eprment collected electronically by sending your payment (with the payment stub), in your own envelope - not the enclosed window envelope, addressed to: RO. Box 530993, Atlanta, GA 30353-0093 and not the Payment Address, What To DoHf You Think You Find A Mistake On Your Statement Payments Made By Phone Or Online: {f you make a payment by phone or online before 11:59 f you think there is an error on your statement, write fo us at: Synchrony Bank, P.O, Box 965003, | p.m. Eastem Time, we will credit tas of the date the payment is made. Orlando, FL 32896-5003 Conditional Payments: All written communications conceming disputed amounts, including any Or call customer service at 1-844-373-4961. check or other payment instrument that: ()) indicates that the payment conslitutes “payment in ful?” If you write to us, in your letter, give us the following information: of is tendered as full satisfaction of a disputed amount, or {ii} is tendered with ather conditions or » Account information: Your name and account number. limitations (Dérated Payments’}, must be mailed or delivered fo us at P.O. Box 965003, Orlando, « Dollar amount The dolar amount of the suspecied error. FL 32896-5003. + Descretion of Problem: ilyou think theres af error on your bl, describe what you believe Iswrengandwhy | Credits To Your Account;An amount shown in parentheses or preceded by a minus (.) sign is a you believe tis a mistake. Youmustctalus win 6 ca ter the error appeared onyoursaenent cradit or credit balance unless otherwise indicated reds wil be applied to your mens balance _ You must notfy us of any potential errors in writing or by calling customer service at 1-844-373-4961. | immediately upon receipt, but will nol salisfy any required payment thal may be due. While we investigate whether or not there has been an error, the following are true: Credit Reports And Account Information: if you believe that we have reported inaccurate + We cannot ty to collect the ammount in question, of report you as delinquenton that amount. information about you to a consumer reporting agency, please contact us at BO. Box 965005, + The charge in question may remain on your statement, and we may continue to charge you interest on | Orlando, FL 32896-5005. in doing so, pleaseientiy the inaccurate information and tell us why you that amount. But, ifwe determine that we made a mistake, you wil not have to pay the amount in question | believe itis incorrect. Ifyou have a py of the credit report that includes the inaccurate information, Orany interest or other fees related to that amount, please indudea copyof that report We may fepor information about your account to credit bureaus. » While youdongt haveto pay the amountin question, you are responsible for the remainder of your balance. | Late payments, missed payments, or other defaults on your account may be reflected in your credit + We can apply any unpaid amount against your ced init report. / Your Rights if You Are Dissatisfied With Your Credit Card Purchases Paying interest: We wil not charge you any interest on non-promotional transactions if you pay Kyou ae dissatisfied with the goods or services that you have purchased with your credit card, and | Your entire balance bythe due date each month. Please refer to the dize date shown on the front of you have tried in good faith fo correct the problem with the merchant, you may have the right not to | Your Statement. We will begin charging interest on promotional purchases on the purchase date. gay the remaining amount due on the purchase. How We Calculate interest ‘0 use this right, all of the following must be true: We calculate interest on your account for each Biing oycle separately for each balance type. A 1, The purchase musthave been madein your home state or within 100 mies of your current maing acidress, | separate average daily balance is calculated for the following balance types, as applicable: standard and the purchase price must have been more than $50. (Note: Nether of these are necessary your | purchases, cash advances and promotional purchases. To get the average daily balance, we take purchase was based on an adverisement we mailed to you, or if we own the company that sold you the | the starting balance each day, induding billed interes! and billed fees, add the daily interest amount goods or services} from the previous day, add any new Srarges anc adjustments posted that ay and subtract any 2. Youmusthave used your credit carc for the purchase. Purchases made with cash advances roman ATM | payments or credits (treating any net credif balance as zero}, This gives us the daily balance, Then, orwith a check that accesses your credit card account do nat qualify. we add up all the dally balances for the biing cycle and divide the total by the number of days in the 3. You must notyet have fully paid for the purchase. billing cycle. The result is the average daily balance. We multiply the average daily balance by the lfall of the critena above are met and you are stil dissatisfied with the purchase, contact us in writing | applicable daily rate to get the daily interest amount. Then we multiply the dally interest amount by at:Sypenrony Bank the number of days in the billing cycle to determine the interest charges. B.O. Box 9650 3, Orlando, FL 32896-5003 Amount To Avoid Standard And Deferred Interest On Your Next Statement: OF call customer serviceat 1-844-373-4961. . _ While we investigate, the same rulesapply to the disputed amount as discussed above. Aer we | This amount includes: see PAYMENT INFORMATION box on front page). finish our investigation, we will tell you our decision, At that point, ifwe think you awe an amount and Standard Purchases and Cash Advances you do not pay we may report you as delinquent. Purchases without any promotional offer and Cash Advances. Information About Payments: You may at any time pay, in whole or in part, the total unpaid | Deferred interest Purchases Expiring This Billing Cycle oo. balance without any additional charge for prepayment. Purchases made with ‘No Payments + No interes! if paid in full’ and ‘No interest if paid in full Payments Made By Mail Or Made Using A Third-Party Bill Pay Service Provider: Payments promotions that are about to ore, received after 5.00 p.m. (ET) on any day will be credited as of the next day. Credit to your Account | Easy Payments Purchases ily Plan Payments . may be delayed up to five days if payment (a} is not received at the Payment Address, (b) is not made | Although unrelated to avoiding Standard and Deferred Interest, we include Monthly Plan Payments in U.S. dollars drawn on a U-S. financial institution located in the U.S,, (c) is not accompanied by the | to help you avoid late fees. you have a Financed Easy Payments Purchase balance, you will remittance coupon attached to your statement, (d) contains more than one payment or remittance | continue to be assessed interest on the Easy Payments Purchase balance until it is paid in ful . coupon, or (2) includes staples, paper clips, tape, a folded check, or comespondence of any type. | Your Account is owned and serviced by Synchrony Bank. {WF3200090A] O1F16128 - 1 03/91/27 Bankruptcy Notice: if you fie bankruptcy, you must send us notice, including account number and alt information related to the proceeding to the following address: Synchrony Bank, Attn: Bankruptcy Dept., PO Box 965068 Orlando, FL 32866 3065, This is an attempt to collect @ debt and any information obtained wil be used for thal purpose. *By providing a telephone number on your account, you consent to Synchrony Bank and any other owner or servicer of your account contacting you about your acoount, including using any contact information or cellphone numbers you provide, and you consent to the use of any automatic telephone dialing system and/or an arlfficial or prerecorded voice when contacting you, even iH you are charged for the call under your phone pian. For changes of address, phone number and/or email, please check the box and print the changes below. These changes will be applied to PayPal Credit but not fo your PayPal Account Street C] Address tn nee nnn City, State Phone # “Home Phone # *Business Phone # *Cell # or other phone # “Email Address we can use to contact you * By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address with PayPal Credit. Statement Closing Date: 11/20/22 View your account online at paypal.com nos ong Perio 30 e162 Or call 1-844-377-4136 8 AM ET to 11 PMET ccount Number: AYESHA Customer Name: Jia ANDERSON Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun / INTERESTDETAILS ts : Oe ao = INTEREST CHARGE CALCULATION => : “20 Nour Annual Percentage Rate (APR)s thé annual interest rate on your account. Balance Type Annual Percentage Balance Subject to —_— Interest Charged Current Balance Rate(APR) Interest Rate Standard Purchases 26.99% (v) $618.90 $13.73 $640.88 PayPal Send Money Cash Advances 26.99% (v) $905.98 $20.10. $887.40 {v= Variable Rate JACCOUNTHOLDER NOT CES tnt ane if you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a déceased notification form located at www.syf.com under the ‘Contact Us' page. This is.a duplicate courtesy copy of your most recent billing statement. You can still view and pay your electronic statement online. You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account online. | — 6128 ABI GoL 7 4B 221120 6 EXMPAGE 2 of 3 Li 9283 1000 PROS OGLFI6é12e _ a — 6128 ABS ool 7 18 222120 0 EXPAGE 3 of 3 11 9283 4000 PROS OLFIe128