Preview
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D. Scott Carruthers, SBN 68745
A Professional Law Co oration
8448 Katella Avenue/P Box 228
Stanton, California 90680 F Sugerior Court of CaliforniaF.
(714) 761-3976 County of Butte
l
Fax: (714)761-1754
L AUG 23 2018 "Tim-
Attorney for Plaintiff E
Flener. Clerk D
D i e
By ,Deputy
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF BUTTE
10
11 SFM-6 LLC Plamtlff’
COMPLAINT FOR MONEY
12 VS. $3,097.66
LIMITED
HEATHER G FREY, I W44
,~
and DOES 1 through 10,ir1<>lusive ‘g
15
8W0 2 7 4 2
16
Defendant(s).
l7
18
19 COMES NOW PLAINTIFF, and for causes of action against defendants,
20 and each of them, alleges as follows:
21 GENERAL ALLEGATIONS
22 l. Plaintiff is now and at all times alleged a business entity in good
23 standing, duly organized and existing under and by virtue of the laws of the State
24 of California.
25 2. Defendant is an individual who either resides and/or entered into the
'
26 subject obligation within the State of California.
27 3. Plaintiff is unaware of the true names of defendants herein sued by their
28 fictitious names of DOES 1 through 10, inclusive, and therefore sues those
1
COMPLAINT
Defendants by those fictitious names under, pursuant to, and in accordance with
provisions of Section 474 of the Code of Civil Procedure.
4. This Judicial District is the proper venue for this action because
Defendant(s) reside in the within Judicial District, and/0r the obligation which is
the subject of this action was incurred and/or payable in the within Judicial
District.
5. Plaintiff is a debt buyer.
6. Defendant(s) borrowed money from LOANME INC.. and failed to pay
the money back as agreed.
10 7. The debt obligation was obtained and transacted through the intemet
and consummated when Defendant(s) accepted the loan proceeds in his/her
12 banking account.
l3 8. The debt obligation does not fall under the provisions of the Rees-
l4 Levering Act or Motor Vehicle Sales and Finance Act.
15 9. The debt obligation is exempted from usury limitations provided in the
California Constitution Section XV in accordance with the California Finance
Code, Section 22002.
10. Plaintiff purchased the debt obligation originally owing to LOANl\/[E
INC. on or about 02/28/2017.
20 11. The nature of the underlying debt is that of a consumer loan for
21 money which was procured by the Defendant(s) and derived from a written
22 agreement as agreed to by Defendant(s).
23 12. Plaintiff is the sole owner of the debt at issue.
24 13. The debt balance at charge off was $3,097.66; the present post-charge
25 off interest is $11,786.84; the post-charge off fees include the Court mandated
26 filing fee for this instant complaint and a fee for a third party service of process
27 company; and attorney’s fees to be determined by the Court in accordance with
28 applicable law.
2
COMPLAINT
14. The date of the last payment from Defendant(s) on this debt was
10/15/2015.
15. The name and address of the charge-off creditor at the time of charge-
off was LOANME INC.. 1900 S. State College, Anaheim, CA 92806.
16. The charge-off creditor’s account number associated with the debt
obligation is XX6839.
17. The name and last known address of the debtor as they appeared in
the charge-off creditor’s records prior to the sale of the debt are HEATI-HER G
FREY 701 E LASSEN AVE SPC 173, CHICO CA 95973.
10
18. The name and addresses of all persons or entities that purchased the
11
debt after charge-off, are CCI Acquisitions, LLC 1966 NE 123rd Street, Suite 209
12
North Miami, Florida 33181 ; SFM-6, LLC 8448 Katella Avenue Stanton, CA
l3
90680 ;.
14
19. Plaintiff alleges that it has complied with Section 1788.52 of the
California Civil Code.
20. Plaintiff alleges that a copy of the contract or other document
described in subdivision (b) of Section 1788.52 is attached to this Complaint as
Exhibit “A”.
19
FIRST CAUSE OF ACTION
20
BREACH OF CONTRACT
21
(As against Defendant and Does 1-10)
22
21. Plaintiff re-alleges and otherwise incorporates all prior paragraphs of
23
this Complaint as if alleged in full herein.
24 22.‘ Plaintiff and/or its predecessor have complied with all obligations to
25
be performed on their part with respect to the subject debt obligation.
26
23. Defendant(s) have failed to comply with the terms and conditions of
27
the subject contract.
28
COMPLAINT
24. Demand for payment of the debt obligation has been made.
25. Defendant(s) have failed and refused to pay the debt obligation, and
the whole thereof is now due, owing.
SECOND CAUSE OF ACTION
ACCOUNT STATED
(As against Defendant and Does 1-10)
26. Plaintiff re-alleges and otherwise incorporates all prior paragraphs of
this Complaint as if alleged in full herein.
27. That on or about, 10/15/2015 and at other times, there was an account
10 stated as between Plaintiffs predecessor and Defendant(s) upon which account
ll stated the sum of $3,097.66 was agreed upon as the balance due.
12 28. Defendant(s) have failed to comply with the terms and conditions of
the subject contract.
29. Demand for payment of the debt obligation has been made.
30. Defendant(s) have failed and refused to pay the debt obligation, and
the whole thereof is now due, owing.
THIRD CAUSE OF ACTION
OPEN BOOK ACCOUNT
(As against Defendant and Does 1-10)
20 31. Plaintiff re-alleges and otherwise incorporates all prior paragraphs of
21 this Complaint as if alleged in full herein.
22 32. Defendant(s) became indebted to Plaintiffs predecessor for money
23 paid, laid out, and expended to or for at Defendant(s)’ request and for work,
24 labor, services and materials rendered at the special instance and request of
25 defendant(s) and for which Defendant(s) and each of them promised to pay.
26 33. Demand for payment of the debt obligation has been made.
27 34. Defendant(s) have failed and refused to pay the debt obligation, and
28 the whole thereof is now due, owing.
4
COMPLAINT
WHEREFORE, Plaintiff prays judgment against defendants, and each
of them, as follows:
l. For damages in an amount to be $3,097.66;
2. For interest agreed in the contract at the rate of 135.00% from the date of
last payment 10/15/2015 ;
3. For attorney’s fees as allowed by law;
10 4. For costs of suit incurred herein; and
ll 5. For such other and further relief as the court deems just and proper.
13
14 Dated: August 9, 2018
15
l6
Attorneys for Plaintiff
20
21
22
23
24
25
26
27
28
COIVIPLAINT
8/8/2018
LOANME, INC.
'
PROMISSORY
_
_
FINAL_NOTE_426839.htm
NOTE AND DISCLOSURE STATEMENT
Loan N0.: Q6839 Date of Note: July 23, 2015
Expected Funding Date: July 24, 2015
Lender: LoanMe, Inc. Borrower: HEATHER G FREY
Address: 1900 S. State College Boulevard Suite Address: 701 E LASSEN AVE UNIT
300 173
Anaheim, CA 92806 CHICO, CA 95973
In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your" mean the person
signing as a borrower. "We," "us,", and "our," mean LoanMe, Inc. and any subsequent holder of this Note.
TRUTH IN LENDING ACT DISCLOSURE STATEMENT
AN N UAL
FINANCE AMOUNT
TOTAL OF PAYMENTS
PERCENTAGE FINANCED
CHARGE
RATE
cost of your
The dollar amount The amount of The amount you
. .
w1ll have paid after
The . . . .
the COSt cred/t p to
credit as a yearly rate cred/155w” >535’d all payments are made as scheduled
138.01 % $13,569.23 $3,025.00 $16,594.23
PAYMENT SCHEDULE
One payment of $444.09 on September 01, 2015.
46 monthly payments of $351.09 beginning on October 01, 2015.
Late Charge: If a payment is more than 15 days late, you will be charged $15.00.
Prepayment: If you pay off this loan early, you will not have to pay any penalty.
Please see the remainder of this document for additional information about nonpayment, default and
any required repayment in full before the scheduled date.
ITEMIZATION OF AMOUNT FINANCED
Amount Financed: $3,025.00
Amount Paid to Borrower Directly: $3,025.00
Prepaid Finance Charge/Origination Fee: $75.00
EXHIBIT A
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This {Vote is in
Global and National
true original Note
original format an
'
electronic
CommerceAct (E-SIGN)
is retained electronically by
.
and
us.
FlN_AL__NOTE_426839.htm
_.
document fully compliant
other applicable
All other versions
laws
wit
and
hereof,
e Electronic Signatures
regulations, and that
whether electronic or in
the
in
one,
tangible format, constitute facsimiles or reproductions only.
FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this
Note the sum of $3,100.00, together with interest calculated at 135.00 % and any outstanding charges
or late fees, until the full amount of this Note is paid.
Your payments will be applied first to any outstanding charges or late fees, then to earned interest and
finally to principal. The payment schedule disclosed above is only an estimate and may change in the event
you do not make all payments as scheduled.
Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated by
dividing the annual Interest Rate disclosed above by 360, multiplying that number by the outstanding
principal balance, and multiplying that number by the number of days the principal balance isoutstanding,
assuming that each fullmonth is comprised of 30 days.
You may prepay all 0r any part of the principal at any time without penalty.
You will be subject to a fee of $15 if any payment you make is returned for non-sufficient funds.
You agree that all payments not made within fifteen (15) days of the due date shall be subject to a late fee
of $15.00.
The origination fee included in the prepaid finance charge/origination fee disclosed above is fully earned
upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and is not
considered interest.
This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in
accordance with the laws of the State of California.
You have previously consented to receive all communications from us, including but not limited to, all
required disclosures via electronic mail. This means that all communications from us will be delivered in
electronic form.
You understand and agree that we may obtain credit reports on you an ongoing basis as long as this loan
remains in effect. You also authorize us to report information concerning your account to credit bureaus.
You understand that, from time t0 time, we may monitor or record telephone calls between you and us.
You hereby consent to have your calls monitored or recorded.
You agree that in the event we need to contact you to discuss your account or the repayment of your loan,
we may telephone you at any number, including any cell phone number provided or obtained, and that we
may leave an autodialed or prerecorded message or use other technology to make that contact or to
communicate to you the status of your account. You may cancel this consent by providing us with notice.
A married or registered domestic partner applicant may apply for a separate account. As required by law,
you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a
credit reporting agency if you fail to fulfillthe terms of your credit obligations. If we take any adverse
action as defined by Section 1785.3 of the California Civil Code and the adverse action is based, in whole
or in part, on any information contained in a consumer credit report, you have the right to obtain within 6O
days a free copy of your consumer credit report from the consumer reporting agency who furnished us
your consumer credit report and from any other consumer credit reporting agency which compiles and
maintains files on consumers on a nationwide basis. You have the right as described by Section 1785.16 0f
the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit
report furnished by the consumer credit reporting agency.
This Agreement encompasses the entire agreement of the parties, and supersedes all previous
understandings and agreements between the Parties, whether oral or written. Any modifications to this
Agreement must be made in writing and signed by both parties.
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If you
to
fail
declare
creditors,
to make
this Note
bankruptcy,
any
to
payment
be
.
clue
immediately
or for
under this
relief under
due
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and
. _FINIAL_,NOTE_426839.htm
Note,
payable.
provisions
we shall
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have
file
United
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for an
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right, after a 30-day
assignment for the
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grace
benefit
we
period,
of
shall
have the right to declare this Note to be immediately due and payable.
In the event that we are required to employ an attorney at law to collect any amounts due under this Note,
you will be required to pay the reasonable fees of such attorney to protect our interest or to take any other
action required to collect the amounts due hereunder.
ARBITRATION PROVISION
GOVERNING LAW. This Note will be governed by the laws of the State of California except to the extent
governed by federal law. This Arbitration Provision isgoverned by the Federal Arbitration Act, 9 U.S.C.
Sections 1-16 ("FAA").
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which persons
with a dispute: (a) waive their rights to filea lawsuit and proceed in court and to have a jury trial to
resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an
"arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the
arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal
than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be
enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of
arbitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the
scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class
action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are
given the broadest possible meaning and include, without limitation (a) all claims, disputes, or
controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the
validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration
Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or
indirectly to the Loan Agreement, the information you gave us before entering into this Agreement,
including the customer information application, and/or any past agreement or agreements between you
and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon
contract, tort, fraud, or other intentional torts; (e) allclaims based upon a violation of any state or federal
constitution, statute or regulation; (f)all claims asserted by us against you, including claims for money
damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us
and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members,
parent company or affiliated entities (hereinafter collectively referred to as “related third parties"),
including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your
behalf by another person; (i)all claims asserted by you as a private attorney general, as a representative
and member of a class of persons, or in any other representative capacity, against us and/or related third
parties (hereinafter referred to as "Representative Claims"); and/0r (j) all claims arising from or relating
directly or indirectly to the disclosure by us or related third parties of any non-public personal information
about you.
1. You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE
ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS
TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US
AND/OR RELATED THIRD PARTIES.
2. Except as provided in Paragraph 5 below, alldisputes including any Representative Claims against us
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8/8/2618‘
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and/or
THEREFORE,
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related third
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ARBITRATOR
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CLASS
only an
ARBITRATION;
individual
THAT
basis
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with
THE
you.
ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE
ARBITRATION.
3. Any party to a dispute, including related third parties, may send the other party written notice by
certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the
dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands
arbitration, you shall have the right to select any of the following arbitration organizations to administer
the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.0rg or JAMS (1-
800-352-5267) http://www.jamsadr.com. The parties may also agree to select an arbitrator who resides
within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good
standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party
receiving notice of arbitration will respond in writing by certified mail return receipt requested within
twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration
organization you have selected 0r whether you desire to select a local arbitrator. If related third parties or
we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return
receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we
have the right to select an arbitration organization. The parties to such dispute will be governed by the
rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those
rules and procedures do not contradict the express terms of this Arbitration Provision, including the
limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the
arbitration organization listed above.
4. Regardless of who demands arbitration, at your request we will pay your portion of the arbitration
expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout
the arbitration, each party shall bear his or her own attorney's fees and expenses, such as witness and
expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and
applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration
hearing will be conducted in the county of your residence. The arbitrator may decide, with or without a
hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a
motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any
federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator
may award statutory damages and/0r reasonable attorney's fees and expenses. If the arbitrator renders a
decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you
have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation
for the award. The arbitrator's award may be filed with any court having jurisdiction.
5. All parties, including related third parties, shall retain the right to seek adjudication in a small claims
tribunal in the county of your residence for disputes within the scope of such tribunal's jurisdiction. Any
dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by
binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding
arbitration.
6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be
governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction
finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall
be governed by the arbitration law of the State of California.
7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and
assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related
third parties. This Arbitration Provision continues in fullforce and effect, even if your obligations have been
paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination,
amendment, expiration or performance of any transaction between you and us and continues in full force
and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid,
the remainder shall remain in effect.
OPT-OUT PROCESS
You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If
file:///l:/2-10MM/426839/FlNAL_NOTE_426839.htm 4/6
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you
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Your written notice
us
must
in
Opt-Out,
writing within
LoanMe,
include your
sixty
Inc.,
name,
address, account number or social security number and a statement that you wish to opt out of this
Arbitration Provision.
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE
[a
“
TO BE BOUND TO ITS TERMS.
Payments. You have previously authorized and requested us to initiate an automated clearinghouse or
other electronic funds transfer ("EFT") from the bank account identified on your Application (the "Bank
Account") to make each payment required hereunder on the day itis due. You also authorize us to initiate
an El-T to or from the Bank Account to correct any erroneous payment and, in the event any EFT is
unsuccessful, to attempt such payment up to two additional times. You understand that unsuccessful EFFs
may result in charges by your bank, and you agree that we are not liable for such charges. We will notify
you 10 days prior to any given transfer if the amount to be transferred varies by more than $50 from your
regular payment amount. You also authorize us to withdraw funds from your account on additional days
throughout the month in the event you are delinquent on your loan payments. Your request and
authorization for us to initiate EFl's is entirely voluntary, and you may terminate this authorization by
notifying us in writing via fax (844-904-7368) or email (customer.service@LoanMe.com) soon enough to
allow us a reasonable opportunity to act on your termination (generally at least three business days in
advance).
By signing this promissory note, you also authorize us to obtain payments from your Bank Account by
creating and processing paper checks (each a "Check") in place of initiating any or all of the EFl's described
above. Each Check will be in the amount of the payment that would have been init
Preview
' . - . i ' i D. Scott Carruthers, SBN 68745 A Professional Law Co oration 8448 Katella Avenue/P Box 228 Stanton, California 90680 F Sugerior Court of CaliforniaF. (714) 761-3976 County of Butte l Fax: (714)761-1754 L AUG 23 2018 "Tim- Attorney for Plaintiff E Flener. Clerk D D i e By ,Deputy SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 11 SFM-6 LLC Plamtlff’ COMPLAINT FOR MONEY 12 VS. $3,097.66 LIMITED HEATHER G FREY, I W44 ,~ and DOES 1 through 10,ir1<>lusive ‘g 15 8W0 2 7 4 2 16 Defendant(s). l7 18 19 COMES NOW PLAINTIFF, and for causes of action against defendants, 20 and each of them, alleges as follows: 21 GENERAL ALLEGATIONS 22 l. Plaintiff is now and at all times alleged a business entity in good 23 standing, duly organized and existing under and by virtue of the laws of the State 24 of California. 25 2. Defendant is an individual who either resides and/or entered into the ' 26 subject obligation within the State of California. 27 3. Plaintiff is unaware of the true names of defendants herein sued by their 28 fictitious names of DOES 1 through 10, inclusive, and therefore sues those 1 COMPLAINT Defendants by those fictitious names under, pursuant to, and in accordance with provisions of Section 474 of the Code of Civil Procedure. 4. This Judicial District is the proper venue for this action because Defendant(s) reside in the within Judicial District, and/0r the obligation which is the subject of this action was incurred and/or payable in the within Judicial District. 5. Plaintiff is a debt buyer. 6. Defendant(s) borrowed money from LOANME INC.. and failed to pay the money back as agreed. 10 7. The debt obligation was obtained and transacted through the intemet and consummated when Defendant(s) accepted the loan proceeds in his/her 12 banking account. l3 8. The debt obligation does not fall under the provisions of the Rees- l4 Levering Act or Motor Vehicle Sales and Finance Act. 15 9. The debt obligation is exempted from usury limitations provided in the California Constitution Section XV in accordance with the California Finance Code, Section 22002. 10. Plaintiff purchased the debt obligation originally owing to LOANl\/[E INC. on or about 02/28/2017. 20 11. The nature of the underlying debt is that of a consumer loan for 21 money which was procured by the Defendant(s) and derived from a written 22 agreement as agreed to by Defendant(s). 23 12. Plaintiff is the sole owner of the debt at issue. 24 13. The debt balance at charge off was $3,097.66; the present post-charge 25 off interest is $11,786.84; the post-charge off fees include the Court mandated 26 filing fee for this instant complaint and a fee for a third party service of process 27 company; and attorney’s fees to be determined by the Court in accordance with 28 applicable law. 2 COMPLAINT 14. The date of the last payment from Defendant(s) on this debt was 10/15/2015. 15. The name and address of the charge-off creditor at the time of charge- off was LOANME INC.. 1900 S. State College, Anaheim, CA 92806. 16. The charge-off creditor’s account number associated with the debt obligation is XX6839. 17. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt are HEATI-HER G FREY 701 E LASSEN AVE SPC 173, CHICO CA 95973. 10 18. The name and addresses of all persons or entities that purchased the 11 debt after charge-off, are CCI Acquisitions, LLC 1966 NE 123rd Street, Suite 209 12 North Miami, Florida 33181 ; SFM-6, LLC 8448 Katella Avenue Stanton, CA l3 90680 ;. 14 19. Plaintiff alleges that it has complied with Section 1788.52 of the California Civil Code. 20. Plaintiff alleges that a copy of the contract or other document described in subdivision (b) of Section 1788.52 is attached to this Complaint as Exhibit “A”. 19 FIRST CAUSE OF ACTION 20 BREACH OF CONTRACT 21 (As against Defendant and Does 1-10) 22 21. Plaintiff re-alleges and otherwise incorporates all prior paragraphs of 23 this Complaint as if alleged in full herein. 24 22.‘ Plaintiff and/or its predecessor have complied with all obligations to 25 be performed on their part with respect to the subject debt obligation. 26 23. Defendant(s) have failed to comply with the terms and conditions of 27 the subject contract. 28 COMPLAINT 24. Demand for payment of the debt obligation has been made. 25. Defendant(s) have failed and refused to pay the debt obligation, and the whole thereof is now due, owing. SECOND CAUSE OF ACTION ACCOUNT STATED (As against Defendant and Does 1-10) 26. Plaintiff re-alleges and otherwise incorporates all prior paragraphs of this Complaint as if alleged in full herein. 27. That on or about, 10/15/2015 and at other times, there was an account 10 stated as between Plaintiffs predecessor and Defendant(s) upon which account ll stated the sum of $3,097.66 was agreed upon as the balance due. 12 28. Defendant(s) have failed to comply with the terms and conditions of the subject contract. 29. Demand for payment of the debt obligation has been made. 30. Defendant(s) have failed and refused to pay the debt obligation, and the whole thereof is now due, owing. THIRD CAUSE OF ACTION OPEN BOOK ACCOUNT (As against Defendant and Does 1-10) 20 31. Plaintiff re-alleges and otherwise incorporates all prior paragraphs of 21 this Complaint as if alleged in full herein. 22 32. Defendant(s) became indebted to Plaintiffs predecessor for money 23 paid, laid out, and expended to or for at Defendant(s)’ request and for work, 24 labor, services and materials rendered at the special instance and request of 25 defendant(s) and for which Defendant(s) and each of them promised to pay. 26 33. Demand for payment of the debt obligation has been made. 27 34. Defendant(s) have failed and refused to pay the debt obligation, and 28 the whole thereof is now due, owing. 4 COMPLAINT WHEREFORE, Plaintiff prays judgment against defendants, and each of them, as follows: l. For damages in an amount to be $3,097.66; 2. For interest agreed in the contract at the rate of 135.00% from the date of last payment 10/15/2015 ; 3. For attorney’s fees as allowed by law; 10 4. For costs of suit incurred herein; and ll 5. For such other and further relief as the court deems just and proper. 13 14 Dated: August 9, 2018 15 l6 Attorneys for Plaintiff 20 21 22 23 24 25 26 27 28 COIVIPLAINT 8/8/2018 LOANME, INC. ' PROMISSORY _ _ FINAL_NOTE_426839.htm NOTE AND DISCLOSURE STATEMENT Loan N0.: Q6839 Date of Note: July 23, 2015 Expected Funding Date: July 24, 2015 Lender: LoanMe, Inc. Borrower: HEATHER G FREY Address: 1900 S. State College Boulevard Suite Address: 701 E LASSEN AVE UNIT 300 173 Anaheim, CA 92806 CHICO, CA 95973 In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your" mean the person signing as a borrower. "We," "us,", and "our," mean LoanMe, Inc. and any subsequent holder of this Note. TRUTH IN LENDING ACT DISCLOSURE STATEMENT AN N UAL FINANCE AMOUNT TOTAL OF PAYMENTS PERCENTAGE FINANCED CHARGE RATE cost of your The dollar amount The amount of The amount you . . w1ll have paid after The . . . . the COSt cred/t p to credit as a yearly rate cred/155w” >535’d all payments are made as scheduled 138.01 % $13,569.23 $3,025.00 $16,594.23 PAYMENT SCHEDULE One payment of $444.09 on September 01, 2015. 46 monthly payments of $351.09 beginning on October 01, 2015. Late Charge: If a payment is more than 15 days late, you will be charged $15.00. Prepayment: If you pay off this loan early, you will not have to pay any penalty. Please see the remainder of this document for additional information about nonpayment, default and any required repayment in full before the scheduled date. ITEMIZATION OF AMOUNT FINANCED Amount Financed: $3,025.00 Amount Paid to Borrower Directly: $3,025.00 Prepaid Finance Charge/Origination Fee: $75.00 EXHIBIT A file:///l:/2-1OMM/426839/FlNAL_NOTE_426839.htm 1/6 - 8/8/2018 This {Vote is in Global and National true original Note original format an ' electronic CommerceAct (E-SIGN) is retained electronically by . and us. FlN_AL__NOTE_426839.htm _. document fully compliant other applicable All other versions laws wit and hereof, e Electronic Signatures regulations, and that whether electronic or in the in one, tangible format, constitute facsimiles or reproductions only. FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this Note the sum of $3,100.00, together with interest calculated at 135.00 % and any outstanding charges or late fees, until the full amount of this Note is paid. Your payments will be applied first to any outstanding charges or late fees, then to earned interest and finally to principal. The payment schedule disclosed above is only an estimate and may change in the event you do not make all payments as scheduled. Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated by dividing the annual Interest Rate disclosed above by 360, multiplying that number by the outstanding principal balance, and multiplying that number by the number of days the principal balance isoutstanding, assuming that each fullmonth is comprised of 30 days. You may prepay all 0r any part of the principal at any time without penalty. You will be subject to a fee of $15 if any payment you make is returned for non-sufficient funds. You agree that all payments not made within fifteen (15) days of the due date shall be subject to a late fee of $15.00. The origination fee included in the prepaid finance charge/origination fee disclosed above is fully earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and is not considered interest. This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State of California. You have previously consented to receive all communications from us, including but not limited to, all required disclosures via electronic mail. This means that all communications from us will be delivered in electronic form. You understand and agree that we may obtain credit reports on you an ongoing basis as long as this loan remains in effect. You also authorize us to report information concerning your account to credit bureaus. You understand that, from time t0 time, we may monitor or record telephone calls between you and us. You hereby consent to have your calls monitored or recorded. You agree that in the event we need to contact you to discuss your account or the repayment of your loan, we may telephone you at any number, including any cell phone number provided or obtained, and that we may leave an autodialed or prerecorded message or use other technology to make that contact or to communicate to you the status of your account. You may cancel this consent by providing us with notice. A married or registered domestic partner applicant may apply for a separate account. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfillthe terms of your credit obligations. If we take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 6O days a free copy of your consumer credit report from the consumer reporting agency who furnished us your consumer credit report and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You have the right as described by Section 1785.16 0f the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency. This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. Any modifications to this Agreement must be made in writing and signed by both parties. fileil/llZ/2-10MM/426839/FlNAL_NOTE_426839.htm 2/6 ' 8/8/2018 If you to fail declare creditors, to make this Note bankruptcy, any to payment be . clue immediately or for under this relief under due any and . _FINIAL_,NOTE_426839.htm Note, payable. provisions we shall If you of the have file United the for an ' right, after a 30-day assignment for the States Bankruptcy Code, grace benefit we period, of shall have the right to declare this Note to be immediately due and payable. In the event that we are required to employ an attorney at law to collect any amounts due under this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or to take any other action required to collect the amounts due hereunder. ARBITRATION PROVISION GOVERNING LAW. This Note will be governed by the laws of the State of California except to the extent governed by federal law. This Arbitration Provision isgoverned by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 ("FAA"). WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which persons with a dispute: (a) waive their rights to filea lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the Loan Agreement, the information you gave us before entering into this Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) allclaims based upon a violation of any state or federal constitution, statute or regulation; (f)all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i)all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims"); and/0r (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. 1. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES. 2. Except as provided in Paragraph 5 below, alldisputes including any Representative Claims against us file:///l:/2-1OMM/426839/FlNAL_NOTE_426839.htm 3/6 8/8/2618‘ - and/or THEREFORE, ‘W related third THE parties H ARBITRATOR shall . be resolved SHALL NOT , by ,FlNAL_NOTE_426839.htm binding CONDUCT arbitration CLASS only an ARBITRATION; individual THAT basis IS, with THE you. ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. 3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.0rg or JAMS (1- 800-352-5267) http://www.jamsadr.com. The parties may also agree to select an arbitrator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected 0r whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above. 4. Regardless of who demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorney's fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and/0r reasonable attorney's fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction. 5. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. 6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of California. 7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision continues in fullforce and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect. OPT-OUT PROCESS You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If file:///l:/2-10MM/426839/FlNAL_NOTE_426839.htm 4/6 8/8/2018 you (60) 1900 H d_o not wish A calendar days S. State to be College subject to of the date Blvd., Suite ‘ this Arbitration of this 300, Note , at the Anaheim, ,FlNAL_NOTE_426839.htm Provision, following CA 92806. then you address: mutify Arbitration Your written notice us must in Opt-Out, writing within LoanMe, include your sixty Inc., name, address, account number or social security number and a statement that you wish to opt out of this Arbitration Provision. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE [a “ TO BE BOUND TO ITS TERMS. Payments. You have previously authorized and requested us to initiate an automated clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your Application (the "Bank Account") to make each payment required hereunder on the day itis due. You also authorize us to initiate an El-T to or from the Bank Account to correct any erroneous payment and, in the event any EFT is unsuccessful, to attempt such payment up to two additional times. You understand that unsuccessful EFFs may result in charges by your bank, and you agree that we are not liable for such charges. We will notify you 10 days prior to any given transfer if the amount to be transferred varies by more than $50 from your regular payment amount. You also authorize us to withdraw funds from your account on additional days throughout the month in the event you are delinquent on your loan payments. Your request and authorization for us to initiate EFl's is entirely voluntary, and you may terminate this authorization by notifying us in writing via fax (844-904-7368) or email (customer.service@LoanMe.com) soon enough to allow us a reasonable opportunity to act on your termination (generally at least three business days in advance). By signing this promissory note, you also authorize us to obtain payments from your Bank Account by creating and processing paper checks (each a "Check") in place of initiating any or all of the EFl's described above. Each Check will be in the amount of the payment that would have been init