Preview
Tled
Superlor Court of Callfornia,
PATENAUDE & FELIX, A.P.C. Sacramento
Raymond A. Patenaude, Esq. (#128855) 04/14/2024
Stephanie J. Boone, Esq. (#160182) la
Laura M. D'Anna, Esq. (#266113) Fsants
Nathalia A. Aguirre, Esq. (#337628) By , Deputy
Dinari J. Lee, Esq. (#314542) 24CV007167
9619 Chesapeake Drive, Suite 300
San Diego, California 92123
California DFPI Debt Collector License # 10678-99
Tele: (858) 244-7600 Fax: (858) 836-0318
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO, GORDON D. SCHABER COURTHOUSE
10
CREDIT CORP SOLUTIONS INC., Case No.
11 ASSIGNEE OF SYNCHRONY BANIIEi - COMPLAINT FOR
BN (1) Account Stated
12
TELE: (858)244-7600 FAS: (858) 836-0318
V. (2) Open Book Account
9619 CHESAPEAKE DRIVE, SUTTE 300
PATENAUDE & FELIX, APC
13
CLAUDIORINCONEZ, PRAYER AMOUNT: $1,152.41
ATTORNEYS AT LAW
SAN DIEGO, C& 92123
and DOES1 through 15, inclusive,
14 LIMITED CIVIL
Defendant(s).
Amount demanded does not exceed $35,000
15
Plaintiff, CREDIT CORP SOLUTIONS INC., ASSIGNEE OF SYNCHRONY BANK,
16
("Plaintiff"), alleges:
17
1. Plaintiff is a corporation qualified to do business in California.
18
19 2. This court is the proper court because Plaintiff is informed and believes that
20 Defendant, CLAUDIO RINCONEZ ("Defendant"), is a resident of SACRAMENTO County,
21 State of California.
22
3. At all times herein mentioned, Defendants, and each of them, were the principals,
23
agents, employers, employees, masters, or servants of each of their co-defendants and ratified,
24
adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things
25
alleged, were acting in the course and scope of said authority of such agents, servants, and
26
99 employees.
28
PSHZA 1
| COMPLAINT
P&F No. 23-63556
-
4. This suit concerns a credit account that was purchased by Plaintiff after January 1,
2014 and, therefore, is subject to California Civil Code § 1788.50, ef seq.
COMPLIANCE WITH CIVIL CODE § 1788.50, ef seq.
5: Plaintiff is a debt buyer.
6. Synchrony Bank FKA GE Capital Retail Bank issued a credit account to Defendant.
Defendant used, or authorized the use of, the credit account to make purchases and/or
transactions. Defendant received periodic billing statements for the credit account. Defendant
defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred
10
all right, title and interest in the credit account. See Exhibit D.
11
7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert the
12
TELE: (858)244-7600 FAX: (858) 836-0318
9619 CHESAPEAKE DRIVE, SUITE 300
rights of all owners of the debt.
PATENAUDE & FELIX, APC
13
ATTORNEYS ATLAW
SAN DIEGO, CA 92123
8. The balance at charge-off was $1,192.41. Plaintiff is not seeking to recover any post
14
15 charge-off fees or interest.
16 9. The date of the last payment on the credit account was June 24, 2021.
17 10. The name of the charge-off creditor is Synchrony Bank FKA GE Capital Retail
18
Bank and the account number of the charge-off creditor ended in XXXXXXXXXXXX6271. An
19
address Synchrony Bank FKA GE Capital Retail Bank maintained at the time of charge-off was:
20
PO BOX 530939 ATLANTA, GA 30353-0939
21
22
11. The last known address that the charge-off creditor had for Defendant is:
23 CLAUDIO RINCONEZ
5716 RIVER BIRCH PL ANTELOPE CA 95843
24
12. The subject credit account has been purchased by the following entity after
25
26 charge-off: CREDIT CORP SOLUTIONS INC. who maintains an address at 121 WEST
27 ELECTION ROAD, SUITE 200, DRAPER, UT 84020.
28
2
COMPLAINT
P&F No. 23-63556
13. Plaintiff has complied with Section 1788.52 of the California Civil Code.
14. Attached hereto as Exhibit A is a true and correct copy of a document required by
section 1788.58(b) of the California Civil Code.
FIRST CAUSE OF ACTION:
(Account Stated)
15. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
16. Within the last four years, an account was stated in writing between Defendant and
SYNCHRONY BANK. On the last account statement mailed to Defendant, a numerical amount
lower than the final charge-off amount was stated to be due to SYNCHRONY BANK from
10
Defendant. On the last statement mailed to Defendant, there was also language included informing
11
Defendant of additional amounts that would become due and owing if the payments were not
12
TELE: (858)244-7600 FAX: (858) 836-0318
9619 CHESAPEAKE DRIVE, SUITE 300
PATENAUDE & FELIX, APC
13 made as required. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK the
ATTORNEYS AT LAW
SAN DIEGO, CA 92123
14 entire balance represented in both language and figures on that statement. Attached hereto as
15 Exhibit B is a true and correct copy of the last billing statement mailed to Defendant showing a
16
balance due and owing of $1,152.41 and informing Defendant of additional amounts that would
17
become due and owing if the payments were not made as required. Also attached hereto, as
18
Exhibit C, is a true correct copy of the charge-off statement required by section 1788.58(a)(4) of
19
the California Civil Code. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK
20
21 the entire balance represented in language and figures on that statement. The difference in the
22 balance shown on the statements in Exhibit B (the last billing statement mailed to the Defendant)
23 and Exhibit C (the charge-off statement issued by SYNCHRONY BANK) is attributable to late
24
payment fees verbally represented on Exhibit B finalizing and becoming expressed numerically in
25
Exhibit C.
26
27
28
3
COMPLAINT
P&F No. 23-63556
17. Before the commencement of this action, Plaintiff was assigned the credit account
and indebtedness. Plaintiff is now the owner and holder of the credit account.
18. Plaintiff has made demand on Defendant for repayment of the credit account, but
Defendant has failed to pay the balance due.
19. Payments, set-offs, credits or allowances in the amount of $40.00 have been
received or posted to the credit account after the rendering of the last account record.
20. Anunpaid balance of $1,152.41 is presently due and owing on the account.
SECOND CAUSE OF ACTION:
(Open Book Account)
10
11 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
12 22. Within the last four years, Defendant became indebted to SYNCHRONY BANK on
TELE: (858)244-7600 FAX: (858) 836-0318
9619 CHESAPEAKE DRIVE, SUITE 300
PATENAUDE & FELIX, APC
13 an open book account for money due in the sum of $1,192.41 for money lent, paid, laid out,
ATTORNEYS AT LAW
SAN DIEGO, CA 92123
14
and/or extended to or for Defendant at Defendant's special instance and request and for which
15
Defendant agreed to pay the above sum.
16
23. Before the commencement of this action, Plaintiff was assigned the credit account
17
and indebtedness. Plaintiff is now the owner and holder of the credit account.
18
19 24. Plaintiff has made demand on Defendant for repayment of the credit account, but
20 Defendant has failed to pay the balance due.
21 25. Payments, set-offs, credits or allowances in the amount of $40.00 have been
22
received or posted to the credit account after the rendering of the last account record.
23
26. Anunpaid balance of $1,152.41 is presently due and owing on the account.
24
1111
25
26
27
28
4
COMPLAINT
P&F No. 23-63556
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
1. For an unpaid balance of $1,152.41;
2. Costs of suit; and
3 Any such other relief as the Court may deem just and proper.
Respectfully submitted,
Dated: February 07, 2024 PATENAUDE & FELIX, A.P.C.
[ 1 DINARIJ.LEE
10
11
12
FAY:: (858) 836-0318
DRIVE, SUTTE 300
PATENAUDE & FELIX, APC
13
ATTORNEYS AT LAW
SAN DIEGO, CA 92123
14
TELE: (858)244-7600
15
9619 CHESAPEAKE
16
17
18
19
20
21
22
23
24
25
26
27
28
5
COMPLAINT
P&F No. 23-63556
EXHIBITA
oY
CLAUDIO RINCONEZ Visit us at ebaymastercard.syf.com
Account Number | 6271 Customer Service: 1-844-435-0237
Summary of Account Activity . o , / information
Previous Balance $915.13 New Balance $869.23
- Payments $100.00 Amount Past Due $62.00
- Other Credits $0.05 Total Minimum Payment Due $125.00
+ Fees Charged $40.00| |Payment Due Date 08/17/2021
+ Interest Charges $14.15|
New Balance $869.23| |Late Payment Waming:|f we do not receive your Total
Minimum Payment Due by the Payment Due Date listed
Credit Limit $5,000.00 above, you may have to pay a late fee up to $40.00.
Available Credit $4,130.00 Minimum Payment Warning: If you make only the minimum
Cash Limit $1,001.00 payment each period, you will pay more in interest and it will
Available Cash $1,001.00
Statement Closing Date 07/25/2021
Days in Billing Cycle 31
Only the minimum
If you would like information about credit counseling
services, call 1-877-302-8775.
PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE,
Notice: We may convert your payment into an electronic debit. See Statement Disclosures link on your eServices Statement
Page for details, Billing Rights and other important information.
8640 AJJ 1 7 22 210725 DPAGE 1 of 3 1327 1000 EC04 01DV8640
Account Number:
08/17/2021
Save a stamp, and pay online.
To mail payment, please use blue $
or black ink. -
CLAUDIO RINCONEZ
5716 RIVER BIRCH PL
ANTELOPE CA 95843-3715 Make Payment to: EBAY MC/SYNCB
PO BOX 530939
ATLANTA, GA 30353-0939
Need an extra card?
Call us at 1-866-448-4367
+ Eamed This Cyde On eBay Spénd 0 Earn 3x points on eBay purchases up to $1,000. Once you
+ Earned On Gas/Dining/Grocery Spend 0 spend $1,000 on eBay in a calendar year, eam 5X points
+ Eamned This Cycle Everywhere Else 0 for the remainder of the year. Plus eam 2X points on gas,
+ Pending Points as of Last Cycle 1,031 dining and grocery purchases, and 1x point everywhere else
+ Available To Redeem Last Cycle 0 Mastercard is accepted. Purchases subject to credit
- Points Redeemed This Cycle 0 approval. See your Reward Program Terms for details.
Current Points Balance 1,031
Available To Redeem This Cycle 0
Current Pending Points 1,031
eBay Spend Toward 5X Points
$0 $250 $500 $750 $1,000+
Transaction Summary . e
Tran Date Post Date Reference Number Description of Transaction or Credit Amount
06/24 06/24 85523305G00XS6H12 ONLINE PAYMENT THANK YOU ($100.00)
06/24 06/24 *INTEREST CHARGE* PREV CYCLE PURCHASES ($0.05)
FEES
07117 o717 LATE FEE $40.00
TOTAL FEES FOR THIS PERIOD $40.00|
INTEREST CHARGED
07/25 0725 INTEREST CHARGE ON PURCHASES $14.15
07/25 07/25 INTEREST CHARGE ON CASH ADVANCES $0.00
TOTAL INTEREST FOR THIS PERIOD $14.15
Total Fees Charged in 2021
Total Interest Charged in 2021
Total Interest Paid in 2021
Your Annual Perce ge Rate (APR) is the annual interest rate on your‘ account.
Expiration Annual Percentage Balance Subject to
Type of Balance Date Rate Interest Rate Interest Charge
Purchases N/A 19.99% (v) $833.44 $14.15
Cash Advances N/A 29.99% $0.00 $0.00
(v) = Variable Rate
YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
Synchrony Bank may continue to obtain information, including employment and income information from others about you
(including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account.
8640 AJJ 1 7 22 210725 DPAGE 2 of 3 1327 1000 EC04 01DV8640
EXHIBIT B
CLAUDIO RINCONEZ Visit us at ebaymastercard.syf.com
Account Number [ 6271 Customer Service: 1-844-435-0296
Summary
of Account Activity Payment Information .
Previous Balance $1,094.11 New Balance $1,152.41
+ Fees Charged $40.00 Amount Past Due $393.00
+ Interest Charges $18.30, Total Minimum Payment Due $463.00
New Balance $1,152.41 Overlimit Amount $192.41
Payment Due Date 01/17/2022
Credit Limit $960.00
Available Credit $0.00 Late Payment Warning:If we do not receive your Total
Cash Limit $192.00 Minimum Payment Due by the Payment Due Date listed
Available Cash $0.00 above, you may have to pay a late fee up to $40.00.
Statement Closing Date 12/24/2021 Minimum Payment Warning: If you make only the minimum
Days in Billing Cycle 30 payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example:
Only the minimum $1,310.00
23 months
payment
If you would like information about ~ credit counseling
services, call 1-877-302-8775.
PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other
important information.
8640 AJJ i 7 22 211224 EXPAGE 1 of 3 1327 1000 EC04 OlER8640
Detach and mail this portion with your check. Do not include any correspondence with your check.
Account Number:
A
01/17/2022 $192.41 $1,152.41
Save a stamp, and pay online.
To mail payment, please use blue
or black ink.
s 1000,00
New address or email? Print changes on back.
CLAUDIO RINCONEZ
5716 RIVER BIRCH PL
ANTELOPE CA 95843-3715 Make Payment to: EBAY MC/SYNCB
PO BOX 530939
ATLANTA, GA 30353-0939
Need an extra card?
Call us at 1-866-448-4367
+ Earned This Cycle On eBay Spend Earn 3x points on eBay purchases up to $1,000. Once you
+ Earned On Gas/Dining/Grocery Spend spend $1,000 on eBay in a calendar year, earn 5X points
NN
+ Earned This Cycle Everywhere Else for the remainder of the year. Plus earn 2X points on gas,
+ Pending Points as of Last Cycle dining and grocery purchases, and 1x point everywhere else|
[=N=N-N-N--
+ Available To Redeem Last Cycle Mastercard is accepted. Purchases subject to credit
- Points Redeemed This Cycle approval. See your Reward Program Terms for details.
Current Points Balance
Available To Redeem This Cycle
Current Pending Points
eBay Spend Toward 5X Points
$0 $250 $500 $750 $1,000+
Tran Date Post Dé(e“ Reference Number Description bf Transaction or Credit Amount
FEES
12/17 1217 LATE FEE $40.00
TOTAL FEES FOR THIS PERIOD $40.00
INTEREST CHARGED
12/24 12/24 INTEREST CHARGE ON PURCHASES $18.30
12/24 12/24 INTEREST CHARGE ON CASH ADVANCES $0.00
TOTAL INTEREST FOR THIS PERIOD $18.30
Total Fees Charged in 2021
Total Interest Charged in 2021
Total Interest Paid in 2021
Your Annual Percentage Rate (APR)is the annual interest rate on your account.
Expiration Annual Percentage Balance Subject to
Type of Balance Date Rate Interest Rate Interest Charge
Purchases N/A 19.99% (v) $1,113.52 $18.30
Cash Advances N/A 29.99% $0.00 $0.00
(v) = Variable Rate
8640 AJJ 1 7 22 211224 EXPAGE 2 of 3 1327 1000 EC04 OlER8640
EXHIBIT C
CLAUDIO RINCONEZ Visit us at ebaymastercard.syf.com
Account Number |27 1 Customer Service: 1-844-435-0296
Previous Balance $1,152.41 NewBalance $0.00
- Other Credits $1,192.41 Amount Past Due $0.00
+ Fees Charged $40.00 Total Minimum Payment Due $515.00
New Balance $0.00 Payment Due Date 01/25/2022
Credit Limit $960.00 Late Payment Warning:If we do not receive your Total
Available Credit $0.00 Minimum Payment Due by the Payment Due Date listed
Cash Limit $192.00 above, you may have to pay a late fee up to $40.00.
Available Cash $0.00
Statement Closing Date 01/23/2022
Days in Billing Cycle 30
y Rewards Sum
+ Earned This Cycle On eBay Spend Earn 3x points on eBay purchases up to $1,000. Once you
oOoococooooo
+ Earned On Gas/Dining/Grocery Spend spend $1,000 on eBay in a calendar year, earn 5X points
+ Earned This Cycle Everywhere Else for the remainder of the year. Plus earn 2X points on gas,
+ Pending Points as of Last Cycle dining and grocery purchases, and 1x point everywhere else
+ Available To Redeem Last Cycle Mastercard is accepted. Purchases subject to credit
- Points Redeemed This Cycle approval. See your Reward Program Terms for details.
Current Points Balance
Available To Redeem This Cycle
Current Pending Points
eBay Spend Toward 5X Points
$0 $250 $500 $750 $1,000+
PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other
important information.
8640 AJJ 1 3 22 220123 ZXPAGE 1 of 3 1327 1000 EC04 OlER8640
Detach and mail this portion with your check. Do not include any correspondence with your check.
$515.00
Save a stamp, and pay online.
To mail payment, please use blue
or black ink.
New address or email? Print changes on back.
CLAUDIO RINCONEZ
5716 RIVER BIRCH PL
ANTELOPE CA 95843-3715 Make Payment to: EBAY MC/SYNCB
PO BOX 530939
ATLANTA, GA 30353-0939
Need an extra card?
Call us at 1-866-448-4367
Reference Number . Description of Transaction 6r Credit Amount
01/23 01/23 0999990 CHARGE OFF ACCOUNT-PRINCIPALS ($761.69)
01/23 01/23 0999990 CHARGE OFF ACCOUNT-INTEREST CHARGE ($430.72)
FEES
0117 01/17 LATE FEE $40.00
TOTAL FEES FOR THIS PERIOD $40.00
INTEREST CHARGED
01/23 01/23 INTEREST CHARGE ON PURCHASES $0.00
01/23 01/23 INTEREST CHARGE ON CASH ADVANCES $0.00
TOTAL INTEREST FOR THIS PERIOD $0.00)
Total Fees Charged in 2022
Total Interest Charged in 2022
Total Interest Paid in 2022
Your Annual Pércéntéfié Rate (APR)is the annual interest rate on your account.
Expiration Annual Percentage Balance Subject to
Type of Balance Date Rate Interest Rate Interest Charge
Purchases N/A 19.99% (v) $0.00 $0.00
Cash Advances N/A 29.99% $0.00 $0.00
(v) = Variable Rate
Statement not provided to customer.
8640 AJJ 1 3 22 220123 ZXPAGE 2 of 3 1327 1000 EC04 Ol1ER8640
EXHIBIT D
‘synchrony
4500 Munson St NW
Canton OH 44718, US.
BILL of SALE
Credit Corp (SFFLCCLS) — PLCC Fresh — February 2022
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement”), dated as of this
14th day of February, 2022 by and between Synchrony Bank formerly known as GE Capital
Retail Bank; RFS Holding, L.L.C., Synchrony Card Funding, LLC and Retail Finance Credit
Services, LLC., ( “Seller”) and Credit Corp Solutions Inc (“Buyer”), Seller hereby 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, the Accounts as set forth in the
Notification Files (as defined in the Agreement), delivered by Seller to Buyer on or about 12th of
February 2022, and as further described in the Agreement.
Synchrony Bank
/ .
By: LyTine Fisher (Feb 28,2022 1 U358 EST)
Lynne Fisher
Title: SVP Recovery Operations
RFS Holding LLC
Lynne Filher
y: Ly¥rie Fisher Fab 28, 2022
Related Content
in Sacramento County
Ruling
CREDIT CORP SOLUTIONS INC., VS. JASON JONES ET AL
Jul 26, 2024 |
CGC24612007
Matter on the Discovery Calendar for Friday, Jul-26-2024, Line 10, DEFENDANT JASON JONE'S Motion To Deem Facts Admitted. Pro Tem Judge Aaron Minnis, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Granted, no opposition filed. Defendant's Requests for Admission Nos. 1-7 are deemed admitted by Plaintiff. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to aaron@minnisandsmallets.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JPT)
Ruling
Portfolio Recovery Associates, LLC vs. Combest
Jul 26, 2024 |
23CVG-01320
PORTFOLIO RECOVERY ASSOCIATES, LLC VS. COMBEST
Case Number: 23CVG-01320
Tentative Ruling on Motion for Judgment on the Pleadings: The present motion is unopposed.
This collection case was filed on December 18, 2023. Plaintiff is a debt buyer and sole assignee
of an agreement entered into by Defendant on a credit card account with Plaintiff’s predecessor
Synchrony Bank. The Complaint alleged causes of action for Account Stated and Open Book
Account, with a prayer for $2,523.69 against Defendant Jennifer Combest. Defendant filed her
Answer on January 26, 2024. On April 11, 2024, Plaintiff filed a motion to deem matters admitted.
Defendant did not oppose the motion to deem matters admitted, and the Court granted the motion
on May 13, 2024.
Meet and Confer: “The moving party shall file and serve with the motion for judgment on the
pleadings a declaration stating” the attempts made to meet and confer. CCP § 439(a)(3). The
Declaration of Gregory Parks provides sufficient evidence of Plaintiff’s meet and confer efforts.
Request for Judicial Notice: The Court GRANTS Plaintiff’s request for judicial notice of the
Court’s May 13, 2024 Order that Matters in Request for Admission be Admitted, pursuant to Evid.
Code § 452(d) and 453.
Merits of Motion: CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the
pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does
not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall
appear on the face of the challenged pleading or from any other matter of which the court may take
judicial notice. CCP § 438(d). The Court may take judicial notice of responses to discovery
records pursuant to Evidence Code §§ 452(d) and 453. Arce v. Kaiser Foundation Health Plan,
Inc. (2010) 181 Cal.App.4th 471, 485.
The essential elements of an account stated are: (1) previous transactions between the parties
establishing the relationship of debtor and creditor; (2) an agreement between the parties, express
or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express
or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal. App. 5th 467, 491. “A ‘book
account’ is ‘a detailed statement which constitutes the principal record of one or more transactions
between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the
debits and credits in connection therewith ....’ ” [Citations.] The creditor must keep these records
in the regular course of its business and “in a reasonably permanent form,” such as a book or card
file. (Code Civ. Proc., § 337a.) “A book account is ‘open’ where a balance remains due on the
account.” [Citation.] Pro. Collection Consultants v. Lujan (2018) 23 Cal. App. 5th 685, 690–91.
This Court’s Order, entered May 13, 2024, deemed admitted Plaintiff’s requested admissions 1-9.
The admissions establish that: 1) Defendant had a credit account ending in 8363, 2) the credit
account was issued by Synchrony Bank, 3) Defendant received periodic statements regarding the
account, 4) as of December 18, 2023, the balance owed on the account was $2,523.69, 5)
Defendant has not made any payments on the account since December 18, 2023, 6) Defendant
submitted a payment toward the outstanding debt on the account within 4 years immediately prior
to December 18, 2023, 7) Plaintiff was assigned the debt, 8) Plaintiff is the current owner of the
debt, and 9) Defendant received through the US mail a pre-legal notification from Plaintiff
regarding the account.
Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion
for Judgment on the pleadings is GRANTED. The admissions establish that a principal sum of
$2,523.69 is due and owing. That sum is awarded. Plaintiffs have also submitted a memorandum
of costs for $369.50, comprising the filing and service of this motion. The amount appears
reasonable and is awarded. A proposed order and judgment have been lodged with the Court and
will be executed.
Ruling
BANK OF AMERICA N.A. vs BERNAL
Jul 27, 2024 |
CVSW2401671
BANK OF AMERICA N.A. VS MOTION FOR ORDER TO DEEM RFA’S
CVSW2401671
BERNAL ADMITTED BY BANK OF AMERICA N.A.
Tentative Ruling: Motion is unopposed. Motion is GRANTED. Requests for Admission
propounded on April 12, 2024 are deemed admitted. Court to sign proposed order.
Ruling
SYNCHRONY BANK vs FUENTES
Jul 28, 2024 |
CVSW2400741
MOTION FOR ORDER TO DEEM
SYNCHRONY BANK VS
CVSW2400741 MATTERS ADMITTED BY SYNCHRONY
FUENTES BANK
Tentative Ruling: Motion is unopposed. Motion is GRANTED. Requests for Admission
propounded on March 21, 2024 are deemed admitted. Court to sign proposed order.
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 28, 2024 |
23CVG-00362
CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO
Case Number: 23CVG-00362
Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves
for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the
amount of $1,572.75 for each motion.
Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and
set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before
the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service
by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by
counting backwards from the hearing date but excluding the hearing date. CCP § 12c.
Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday
of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no
later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served
on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is
denied.
Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted.
Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract
Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be
imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification
has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or
issue sanctions. Without additional evidence, terminating sanctions would be premature.
The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the
denial.
Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this
matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is
necessary on today’s calendar to discuss available trial dates.
Ruling
Wells Fargo Bank, N.A vs. Ken Jones
Jul 24, 2024 |
21CECG02532
Re: Wells Fargo Bank, N.A., v. Jones
Superior Court Case No. 21CECG02532
Hearing Date: July 25, 2024 (Dept. 503)
Motion: by Plaintiff to Vacate Judgment
Tentative Ruling:
To grant. The judgment entered against Ken L. Jones on December 04, 2023 is
vacated and the complaint is dismissed without prejudice.
Explanation:
“The law is well settled that ‘(i)f the plaintiff or defendant was dead before the
action was begun, the judgment is void and subject to collateral attack, because he
Never was a party, i.e., the court never acquired jurisdiction of the person.” (Walter v.
National Indem. Co. (1970) 3 Cal.App.3d 630, 634, citations omitted.) “The cases
enunciating this rule were concerned with judgments, in which there was a living party
of whom the court could have acquired jurisdiction, but of whom it only acquired
apparent but not actual jurisdiction because of lack of service of process or unauthorized
appearance of an attorney. Because of the death … there was no defendant over
whom the court could acquire or exercise jurisdiction.” (Garrison v. Blanchard (1932) 127
Cal.App. 616, 621.)
Since defendant passed away on October 23, 2020, which was before this
action’s commencement, there was no defendant over whom the court could acquire
or exercise jurisdiction. Accordingly, the plaintiff’s motion to vacate the judgment
entered against defendant on December 4, 2023, is granted.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure
section 1019.5, subdivision (a), no further written order is necessary. The minute order
adopting this tentative ruling will serve as the order of the court and service by the clerk
will constitute notice of the order.
Tentative Ruling
Issued By: jyh on 7/23/24 .
(Judge’s initials) (Date)
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 22, 2024 |
23CVG-00362
CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO
Case Number: 23CVG-00362
Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves
for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the
amount of $1,572.75 for each motion.
Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and
set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before
the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service
by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by
counting backwards from the hearing date but excluding the hearing date. CCP § 12c.
Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday
of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no
later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served
on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is
denied.
Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted.
Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract
Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be
imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification
has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or
issue sanctions. Without additional evidence, terminating sanctions would be premature.
The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the
denial.
Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this
matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is
necessary on today’s calendar to discuss available trial dates.
Ruling
Sierra Central Credit Union vs. Goodwin
Jul 26, 2024 |
23CVG-00253
SIERRA CENTRAL CREDIT UNION VS. GOODWIN
Case Number: 23CVG-00253
This matter is on calendar for review regarding status of bankruptcy. Plaintiff filed a Case Management Statement
informing the Court that the stay is still in effect. The matter is continued to Tuesday, January 23, 2025 at 9:00
a.m. in Department 63 for status of bankruptcy. No appearance is necessary on today’s calendar.
Preview
Tled Superlor Court of Callfornia, PATENAUDE & FELIX, A.P.C. Sacramento Raymond A. Patenaude, Esq. (#128855) 04/14/2024 Stephanie J. Boone, Esq. (#160182) la Laura M. D'Anna, Esq. (#266113) Fsants Nathalia A. Aguirre, Esq. (#337628) By , Deputy Dinari J. Lee, Esq. (#314542) 24CV007167 9619 Chesapeake Drive, Suite 300 San Diego, California 92123 California DFPI Debt Collector License # 10678-99 Tele: (858) 244-7600 Fax: (858) 836-0318 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO, GORDON D. SCHABER COURTHOUSE 10 CREDIT CORP SOLUTIONS INC., Case No. 11 ASSIGNEE OF SYNCHRONY BANIIEi - COMPLAINT FOR BN (1) Account Stated 12 TELE: (858)244-7600 FAS: (858) 836-0318 V. (2) Open Book Account 9619 CHESAPEAKE DRIVE, SUTTE 300 PATENAUDE & FELIX, APC 13 CLAUDIORINCONEZ, PRAYER AMOUNT: $1,152.41 ATTORNEYS AT LAW SAN DIEGO, C& 92123 and DOES1 through 15, inclusive, 14 LIMITED CIVIL Defendant(s). Amount demanded does not exceed $35,000 15 Plaintiff, CREDIT CORP SOLUTIONS INC., ASSIGNEE OF SYNCHRONY BANK, 16 ("Plaintiff"), alleges: 17 1. Plaintiff is a corporation qualified to do business in California. 18 19 2. This court is the proper court because Plaintiff is informed and believes that 20 Defendant, CLAUDIO RINCONEZ ("Defendant"), is a resident of SACRAMENTO County, 21 State of California. 22 3. At all times herein mentioned, Defendants, and each of them, were the principals, 23 agents, employers, employees, masters, or servants of each of their co-defendants and ratified, 24 adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things 25 alleged, were acting in the course and scope of said authority of such agents, servants, and 26 99 employees. 28 PSHZA 1 | COMPLAINT P&F No. 23-63556 - 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2014 and, therefore, is subject to California Civil Code § 1788.50, ef seq. COMPLIANCE WITH CIVIL CODE § 1788.50, ef seq. 5: Plaintiff is a debt buyer. 6. Synchrony Bank FKA GE Capital Retail Bank issued a credit account to Defendant. Defendant used, or authorized the use of, the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred 10 all right, title and interest in the credit account. See Exhibit D. 11 7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert the 12 TELE: (858)244-7600 FAX: (858) 836-0318 9619 CHESAPEAKE DRIVE, SUITE 300 rights of all owners of the debt. PATENAUDE & FELIX, APC 13 ATTORNEYS ATLAW SAN DIEGO, CA 92123 8. The balance at charge-off was $1,192.41. Plaintiff is not seeking to recover any post 14 15 charge-off fees or interest. 16 9. The date of the last payment on the credit account was June 24, 2021. 17 10. The name of the charge-off creditor is Synchrony Bank FKA GE Capital Retail 18 Bank and the account number of the charge-off creditor ended in XXXXXXXXXXXX6271. An 19 address Synchrony Bank FKA GE Capital Retail Bank maintained at the time of charge-off was: 20 PO BOX 530939 ATLANTA, GA 30353-0939 21 22 11. The last known address that the charge-off creditor had for Defendant is: 23 CLAUDIO RINCONEZ 5716 RIVER BIRCH PL ANTELOPE CA 95843 24 12. The subject credit account has been purchased by the following entity after 25 26 charge-off: CREDIT CORP SOLUTIONS INC. who maintains an address at 121 WEST 27 ELECTION ROAD, SUITE 200, DRAPER, UT 84020. 28 2 COMPLAINT P&F No. 23-63556 13. Plaintiff has complied with Section 1788.52 of the California Civil Code. 14. Attached hereto as Exhibit A is a true and correct copy of a document required by section 1788.58(b) of the California Civil Code. FIRST CAUSE OF ACTION: (Account Stated) 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 16. Within the last four years, an account was stated in writing between Defendant and SYNCHRONY BANK. On the last account statement mailed to Defendant, a numerical amount lower than the final charge-off amount was stated to be due to SYNCHRONY BANK from 10 Defendant. On the last statement mailed to Defendant, there was also language included informing 11 Defendant of additional amounts that would become due and owing if the payments were not 12 TELE: (858)244-7600 FAX: (858) 836-0318 9619 CHESAPEAKE DRIVE, SUITE 300 PATENAUDE & FELIX, APC 13 made as required. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK the ATTORNEYS AT LAW SAN DIEGO, CA 92123 14 entire balance represented in both language and figures on that statement. Attached hereto as 15 Exhibit B is a true and correct copy of the last billing statement mailed to Defendant showing a 16 balance due and owing of $1,152.41 and informing Defendant of additional amounts that would 17 become due and owing if the payments were not made as required. Also attached hereto, as 18 Exhibit C, is a true correct copy of the charge-off statement required by section 1788.58(a)(4) of 19 the California Civil Code. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK 20 21 the entire balance represented in language and figures on that statement. The difference in the 22 balance shown on the statements in Exhibit B (the last billing statement mailed to the Defendant) 23 and Exhibit C (the charge-off statement issued by SYNCHRONY BANK) is attributable to late 24 payment fees verbally represented on Exhibit B finalizing and becoming expressed numerically in 25 Exhibit C. 26 27 28 3 COMPLAINT P&F No. 23-63556 17. Before the commencement of this action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of the credit account. 18. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay the balance due. 19. Payments, set-offs, credits or allowances in the amount of $40.00 have been received or posted to the credit account after the rendering of the last account record. 20. Anunpaid balance of $1,152.41 is presently due and owing on the account. SECOND CAUSE OF ACTION: (Open Book Account) 10 11 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 12 22. Within the last four years, Defendant became indebted to SYNCHRONY BANK on TELE: (858)244-7600 FAX: (858) 836-0318 9619 CHESAPEAKE DRIVE, SUITE 300 PATENAUDE & FELIX, APC 13 an open book account for money due in the sum of $1,192.41 for money lent, paid, laid out, ATTORNEYS AT LAW SAN DIEGO, CA 92123 14 and/or extended to or for Defendant at Defendant's special instance and request and for which 15 Defendant agreed to pay the above sum. 16 23. Before the commencement of this action, Plaintiff was assigned the credit account 17 and indebtedness. Plaintiff is now the owner and holder of the credit account. 18 19 24. Plaintiff has made demand on Defendant for repayment of the credit account, but 20 Defendant has failed to pay the balance due. 21 25. Payments, set-offs, credits or allowances in the amount of $40.00 have been 22 received or posted to the credit account after the rendering of the last account record. 23 26. Anunpaid balance of $1,152.41 is presently due and owing on the account. 24 1111 25 26 27 28 4 COMPLAINT P&F No. 23-63556 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. For an unpaid balance of $1,152.41; 2. Costs of suit; and 3 Any such other relief as the Court may deem just and proper. Respectfully submitted, Dated: February 07, 2024 PATENAUDE & FELIX, A.P.C. [ 1 DINARIJ.LEE 10 11 12 FAY:: (858) 836-0318 DRIVE, SUTTE 300 PATENAUDE & FELIX, APC 13 ATTORNEYS AT LAW SAN DIEGO, CA 92123 14 TELE: (858)244-7600 15 9619 CHESAPEAKE 16 17 18 19 20 21 22 23 24 25 26 27 28 5 COMPLAINT P&F No. 23-63556 EXHIBITA oY CLAUDIO RINCONEZ Visit us at ebaymastercard.syf.com Account Number | 6271 Customer Service: 1-844-435-0237 Summary of Account Activity . o , / information Previous Balance $915.13 New Balance $869.23 - Payments $100.00 Amount Past Due $62.00 - Other Credits $0.05 Total Minimum Payment Due $125.00 + Fees Charged $40.00| |Payment Due Date 08/17/2021 + Interest Charges $14.15| New Balance $869.23| |Late Payment Waming:|f we do not receive your Total Minimum Payment Due by the Payment Due Date listed Credit Limit $5,000.00 above, you may have to pay a late fee up to $40.00. Available Credit $4,130.00 Minimum Payment Warning: If you make only the minimum Cash Limit $1,001.00 payment each period, you will pay more in interest and it will Available Cash $1,001.00 Statement Closing Date 07/25/2021 Days in Billing Cycle 31 Only the minimum If you would like information about credit counseling services, call 1-877-302-8775. PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE, Notice: We may convert your payment into an electronic debit. See Statement Disclosures link on your eServices Statement Page for details, Billing Rights and other important information. 8640 AJJ 1 7 22 210725 DPAGE 1 of 3 1327 1000 EC04 01DV8640 Account Number: 08/17/2021 Save a stamp, and pay online. To mail payment, please use blue $ or black ink. - CLAUDIO RINCONEZ 5716 RIVER BIRCH PL ANTELOPE CA 95843-3715 Make Payment to: EBAY MC/SYNCB PO BOX 530939 ATLANTA, GA 30353-0939 Need an extra card? Call us at 1-866-448-4367 + Eamed This Cyde On eBay Spénd 0 Earn 3x points on eBay purchases up to $1,000. Once you + Earned On Gas/Dining/Grocery Spend 0 spend $1,000 on eBay in a calendar year, eam 5X points + Eamned This Cycle Everywhere Else 0 for the remainder of the year. Plus eam 2X points on gas, + Pending Points as of Last Cycle 1,031 dining and grocery purchases, and 1x point everywhere else + Available To Redeem Last Cycle 0 Mastercard is accepted. Purchases subject to credit - Points Redeemed This Cycle 0 approval. See your Reward Program Terms for details. Current Points Balance 1,031 Available To Redeem This Cycle 0 Current Pending Points 1,031 eBay Spend Toward 5X Points $0 $250 $500 $750 $1,000+ Transaction Summary . e Tran Date Post Date Reference Number Description of Transaction or Credit Amount 06/24 06/24 85523305G00XS6H12 ONLINE PAYMENT THANK YOU ($100.00) 06/24 06/24 *INTEREST CHARGE* PREV CYCLE PURCHASES ($0.05) FEES 07117 o717 LATE FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00| INTEREST CHARGED 07/25 0725 INTEREST CHARGE ON PURCHASES $14.15 07/25 07/25 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $14.15 Total Fees Charged in 2021 Total Interest Charged in 2021 Total Interest Paid in 2021 Your Annual Perce ge Rate (APR) is the annual interest rate on your‘ account. Expiration Annual Percentage Balance Subject to Type of Balance Date Rate Interest Rate Interest Charge Purchases N/A 19.99% (v) $833.44 $14.15 Cash Advances N/A 29.99% $0.00 $0.00 (v) = Variable Rate YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account. 8640 AJJ 1 7 22 210725 DPAGE 2 of 3 1327 1000 EC04 01DV8640 EXHIBIT B CLAUDIO RINCONEZ Visit us at ebaymastercard.syf.com Account Number [ 6271 Customer Service: 1-844-435-0296 Summary of Account Activity Payment Information . Previous Balance $1,094.11 New Balance $1,152.41 + Fees Charged $40.00 Amount Past Due $393.00 + Interest Charges $18.30, Total Minimum Payment Due $463.00 New Balance $1,152.41 Overlimit Amount $192.41 Payment Due Date 01/17/2022 Credit Limit $960.00 Available Credit $0.00 Late Payment Warning:If we do not receive your Total Cash Limit $192.00 Minimum Payment Due by the Payment Due Date listed Available Cash $0.00 above, you may have to pay a late fee up to $40.00. Statement Closing Date 12/24/2021 Minimum Payment Warning: If you make only the minimum Days in Billing Cycle 30 payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Only the minimum $1,310.00 23 months payment If you would like information about ~ credit counseling services, call 1-877-302-8775. PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE. NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other important information. 8640 AJJ i 7 22 211224 EXPAGE 1 of 3 1327 1000 EC04 OlER8640 Detach and mail this portion with your check. Do not include any correspondence with your check. Account Number: A 01/17/2022 $192.41 $1,152.41 Save a stamp, and pay online. To mail payment, please use blue or black ink. s 1000,00 New address or email? Print changes on back. CLAUDIO RINCONEZ 5716 RIVER BIRCH PL ANTELOPE CA 95843-3715 Make Payment to: EBAY MC/SYNCB PO BOX 530939 ATLANTA, GA 30353-0939 Need an extra card? Call us at 1-866-448-4367 + Earned This Cycle On eBay Spend Earn 3x points on eBay purchases up to $1,000. Once you + Earned On Gas/Dining/Grocery Spend spend $1,000 on eBay in a calendar year, earn 5X points NN + Earned This Cycle Everywhere Else for the remainder of the year. Plus earn 2X points on gas, + Pending Points as of Last Cycle dining and grocery purchases, and 1x point everywhere else| [=N=N-N-N-- + Available To Redeem Last Cycle Mastercard is accepted. Purchases subject to credit - Points Redeemed This Cycle approval. See your Reward Program Terms for details. Current Points Balance Available To Redeem This Cycle Current Pending Points eBay Spend Toward 5X Points $0 $250 $500 $750 $1,000+ Tran Date Post Dé(e“ Reference Number Description bf Transaction or Credit Amount FEES 12/17 1217 LATE FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00 INTEREST CHARGED 12/24 12/24 INTEREST CHARGE ON PURCHASES $18.30 12/24 12/24 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $18.30 Total Fees Charged in 2021 Total Interest Charged in 2021 Total Interest Paid in 2021 Your Annual Percentage Rate (APR)is the annual interest rate on your account. Expiration Annual Percentage Balance Subject to Type of Balance Date Rate Interest Rate Interest Charge Purchases N/A 19.99% (v) $1,113.52 $18.30 Cash Advances N/A 29.99% $0.00 $0.00 (v) = Variable Rate 8640 AJJ 1 7 22 211224 EXPAGE 2 of 3 1327 1000 EC04 OlER8640 EXHIBIT C CLAUDIO RINCONEZ Visit us at ebaymastercard.syf.com Account Number |27 1 Customer Service: 1-844-435-0296 Previous Balance $1,152.41 NewBalance $0.00 - Other Credits $1,192.41 Amount Past Due $0.00 + Fees Charged $40.00 Total Minimum Payment Due $515.00 New Balance $0.00 Payment Due Date 01/25/2022 Credit Limit $960.00 Late Payment Warning:If we do not receive your Total Available Credit $0.00 Minimum Payment Due by the Payment Due Date listed Cash Limit $192.00 above, you may have to pay a late fee up to $40.00. Available Cash $0.00 Statement Closing Date 01/23/2022 Days in Billing Cycle 30 y Rewards Sum + Earned This Cycle On eBay Spend Earn 3x points on eBay purchases up to $1,000. Once you oOoococooooo + Earned On Gas/Dining/Grocery Spend spend $1,000 on eBay in a calendar year, earn 5X points + Earned This Cycle Everywhere Else for the remainder of the year. Plus earn 2X points on gas, + Pending Points as of Last Cycle dining and grocery purchases, and 1x point everywhere else + Available To Redeem Last Cycle Mastercard is accepted. Purchases subject to credit - Points Redeemed This Cycle approval. See your Reward Program Terms for details. Current Points Balance Available To Redeem This Cycle Current Pending Points eBay Spend Toward 5X Points $0 $250 $500 $750 $1,000+ PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE. NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other important information. 8640 AJJ 1 3 22 220123 ZXPAGE 1 of 3 1327 1000 EC04 OlER8640 Detach and mail this portion with your check. Do not include any correspondence with your check. $515.00 Save a stamp, and pay online. To mail payment, please use blue or black ink. New address or email? Print changes on back. CLAUDIO RINCONEZ 5716 RIVER BIRCH PL ANTELOPE CA 95843-3715 Make Payment to: EBAY MC/SYNCB PO BOX 530939 ATLANTA, GA 30353-0939 Need an extra card? Call us at 1-866-448-4367 Reference Number . Description of Transaction 6r Credit Amount 01/23 01/23 0999990 CHARGE OFF ACCOUNT-PRINCIPALS ($761.69) 01/23 01/23 0999990 CHARGE OFF ACCOUNT-INTEREST CHARGE ($430.72) FEES 0117 01/17 LATE FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00 INTEREST CHARGED 01/23 01/23 INTEREST CHARGE ON PURCHASES $0.00 01/23 01/23 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00) Total Fees Charged in 2022 Total Interest Charged in 2022 Total Interest Paid in 2022 Your Annual Pércéntéfié Rate (APR)is the annual interest rate on your account. Expiration Annual Percentage Balance Subject to Type of Balance Date Rate Interest Rate Interest Charge Purchases N/A 19.99% (v) $0.00 $0.00 Cash Advances N/A 29.99% $0.00 $0.00 (v) = Variable Rate Statement not provided to customer. 8640 AJJ 1 3 22 220123 ZXPAGE 2 of 3 1327 1000 EC04 Ol1ER8640 EXHIBIT D ‘synchrony 4500 Munson St NW Canton OH 44718, US. BILL of SALE Credit Corp (SFFLCCLS) — PLCC Fresh — February 2022 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement”), dated as of this 14th day of February, 2022 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C., Synchrony Card Funding, LLC and Retail Finance Credit Services, LLC., ( “Seller”) and Credit Corp Solutions Inc (“Buyer”), Seller hereby 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, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on or about 12th of February 2022, and as further described in the Agreement. Synchrony Bank / . By: LyTine Fisher (Feb 28,2022 1 U358 EST) Lynne Fisher Title: SVP Recovery Operations RFS Holding LLC Lynne Filher y: Ly¥rie Fisher Fab 28, 2022