Complaint July 27, 2016 (2024)

 
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 I ‘J 3/‘ MISHAELA J. GRAVES, State Bar N0.: 259765 KRISTY GABRIELOVA, State Bar N0.: 274827 FgLEfi {SAN MATEO COUNTY PATRICK T. SULLIVAN, State Bar N0.: 263613 DEANNA FRASER, State Bar N0.: 270362 W CHAD K. CASEY, State Bar N0.: 297552 10601-G TIERRASANTA BLVD, #4540 SAN DIEGO, CA 92124 U1 Telephone: (866) 300-8750 Facsimile: (877) 41 I~6864 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA \OOO\]O\ COUNTY OF SAN MATEO HALL OF JUSTICE & RECORDS 10 MIDLAND FUNDING LLC Case No. 1 6 C L J 0 0 6 6 4 ll Plaintiff, COMPLAINT FOR: ‘ 12 vs. (1) Account Stated ___ __ _ 13' K15 j BLT-001564 RAYMOND EUSANTOS aka RAYMOND C. PRAYER AMT: $2,280.65 l CMP Complaint Filed‘ I 14 EUSANTOS; LIMITED and DOES l through 10, inclusive i 15 11111111111111111111111 Defendant. \ 16 17 1. Plaintiff, MIDLAND FUNDING LLC ("Plaintiff"), is a Limited Liability Company 18 qualified to do business in California. 19 2. This court is the proper court because Plaintiff is informed and believes that Defendant 20 RAYMOND EUSANTOS aka RAYMOND C. EUSANTOS ("Defendant"), is a resident of SAN 21 MATEO County, State of California. 3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious 22 names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true 23 names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 24 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents, 25 employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or 26 approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were 27 acting in the course and scope of said authority of such agents, servants, and employees. 28 5. Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by California Civil Code §-1788.50(a). -1. COMPLAINT CA_0132G File N0.: 333277 6. Pursuant to California Civil Code §l788.58(a)(2), is seeking to recover the amount of A8 $2,280.65. This is the amount due on credit card account number XXXXXXXXXXXX-SSSl XVJ ("Account")‘ which was originally issued by CITIBANK, N.A.. The amount due is the result of transactions thatoccurred on the Account. 7. Pursuant to California Civil Code §1788.58(a)(3), Plaintiff is the sole owner‘ of the debt. \OOOflQM-QLANfl Attached hereto and incorporated herein by reference as Exhibit A is a true and correct copy of the Bill of Sale from CITIBANK, N.A. to Plaintiff. The account was purchased by the Plaintiff on March 26, 2014. 8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of charge-off was $2,280.65. 9. Plaintiff is not seeking to recover any post charge-off interest and/or fees. However, in accordance with California Civil Code §1788.58(a)(4), the following is explanation of the amount that the Plaintiff is seeking to recover: Charge-off Balance2 $2,280.65 Total Post Charge-Off Interest $0.00 Total Post Charge-Off Fees3 $0.00 10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of the last I payment was February 03, 2013 which was made to CITIBANK, N.A.. ll. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off was 701 EAST 60TH STREET NORTH SIOUX FALLS SD 57117. At the time of charge off the account number OOQOMJ>WNHO©O°QQKII$UJN~O associated with the debt was XXXXXXXXXXXX-SSS l. 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the debtor as it appeared in the records of CITIBANK, N.A. is RAYMOND C EUSANTOS and the last known address as it appeared in the records of CITIBANK, N.A. is 437 87TH ST APT 3 DALY CITY CA 94015-1709. 1 Pursuant to California Rule of Court and California Civil Code §1788.58(c) the Account number has been redacted to protect the Defendant's confidential information. 2 This amount may include the charged-off principalamount and pre-charge-off accrued interest as set forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A. 3 This amount is not reflective of the costs incurred in the filing and service of this action which are recoverable pursuant to California Code of Civil Procedure §1033.5. -2- COMPLAINTCA__01326 File No.1 333277 .'/ “ 13. ' Pursuant to California Civil Code §1788.58(a)(8), Plaintiff alleges that the name and address of A9 all post charge-off purchasers of the debt are as follows: XVJ Name Address MIDLAND FUNDING LLC 2365 NORTHSIDE DRIVE SUITE 300 SAN DIEGO CA 92108 ‘11¢.t 14. Pursuant to California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied with the provisions of Civil Code §l788.52 and that it informed Defendant of the assignment of the \OOO\10\ account. Attached hereto and incorporated herein by reference as Exhibit B is a true and correct copy of the first written communication sent to the consumer by Plaintiff. 15. Pursuant to California Civil Code §l788.58(b) attached hereto and incorporated herein10 by reference as Exhibit C is a true and correct copy of a monthly statement recording a purchasell transaction, payment or balance transfer while the account was active as required by California Civil12 Code §1788.52(b).l3 16. The Account balance at the time of charge-off was $2,280.65, attached hereto and incorporated herein by reference as Exhibit D is a true and correct copy of a billing statement that was14 mailed to Defendant stating the balance due on the Account at the time of charge-off.15 17. By this complaint, Plaintiff seeks to recover amounts of $2,280.65 from Defendant.16 18. As alleged above, before filing this suit, all right, title and interest to the Account were17 sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if itl8 were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the19 original creditor or its assigns, references herein to Plaintiff may include Plaintiffs predecessor-in-20 interest.21 19. Before commencement of this action, Plaintiff informed Defendant in writing that it22 intended to file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code of Civil Procedure § 1033(b)(2). Attached hereto and23 incorporated herein by reference as Exhibit E is a copy of Plaintiff s most recent attempt at resolving the24 underlying obligation.25 MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION26 20. Plaintiff MIDLAND FUNDING LLC owns portfolios of consumer receivables, which it27 attempts to collect. Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, “MIDLAND”)28 generally attempt to contact consumers like Defendant through several means, such as phone calls, letters, or other means, all in an effort to establish contact and to resolve the underlying obligation. -3- COMPLAINTCA_013ZG File No.1 333277 é/ a In doing so, MIDLAND attempts to assess each consumer’s willingness to pay, through phone calls, letters or other means. MIDLAND attempts to exclude consumers from its collection efforts, where M] MIDLAND believes those consumers are facing extenuating circ*mstances or hardships that would XVJ prevent them from making any payments. UI-hLoJM 21. When MIDLAND contacts consumers, it strives to treat consumers with respect, compassion, and integrity. MIDLAND works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. MIDLAND’s efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. MIDLAND strives \OOO\]O'\ to engage in dialogue that is honorable and constructive, and to play a positive role in consumers’ lives. 22. Despite MIDLAND’s efforts to reach consumers and resolve the consumer’s obligations, only a percentage of consumers choose to engage with MIDLAND. Those who do are often offered discounts or payment plans that are intended to suit their needs. MIDLAND would prefer to work with10 consumers to establish voluntary payment arrangements resulting in the resolution of any underlyingll obligations.12 23. However, the majority of MIDLAND’s consumers ignore calls or letters, and somel3 simply refuse to repay their obligations despite an apparent ability to do so. When this happens,l4 MIDLAND must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the Account is now in litigation, Plaintiff remainsl6 willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. FIRST CAUSE OF ACTIONl7 ACCOUNT STATED — AGAINST ALL DEFENDANTSl8 24. Plaintiff realleges and incorporates by reference the foregoing paragraphs.l9 25. Defendant opened, used, and derived benefit from the Account through Defendant’s own20 of the Account or by another’s use at Defendant’s direction. use By using the Account, Defendant21 expressly agreed or impliedly promised to repay Plaintiff.22 26. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff in23 the sum of $2,280.65 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff.24 27. Regular monthly statements were mailed to Defendant listing the debits, credits, and25 balance due on the Account, attached as Exhibit D.262728 .4 COMPLAINTCA_013ZG File No.1 333277 V ' 28. Defendant last made a payment on the Account on February 03, 2013 to CITIBANK, A9 '4 XV:I N.A.. [Q 29. Plaintiff has no record of Defendant objecting to the monthly statements after receipt. b-I 30. Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed to pay the balance due. Attached hereto and incorporated herein by reference as J}- Exhibit B is a true and correct copy of first written communication requesting payment that was sent to U1 the consumer by Plaintiff. O\ 31. As of the date of this complaint there is due and owing the unpaid sum of $2,280.65. \l This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off 00 balance of $2,280.65 as indicated on the charge-off statement, attached here to as Exhibit D. KO WHEREFORE, Plaintiff prays for judgment against Defendant as follows: On the First Cause of Action:10 1. For the unpaid balance of $2,280.65;ll 2. Costs of suit;l2 3. Such other relief as the Court may deem just and proper.131415l61718l92.0 Dated: JUL 1 8 2016 By: 41/ / MIDLAND FUNDING LLC U MISHAELA J. GRAVES [I KRISTY GABRIELOVA [1 PATRICK T. SULLIVAN 12] DEANNA FRASER Q CHAD K. CASEY21222324'2526'27'28 -5- CONIPLAINTCA_013ZG File No.1 333277 EXHIBIT AAA__0125 File No.1 333277 §ILL OF SALE AND ASSIGNMENTTHIS BILL OF SALE AND ASSIGNMENT, dated March 26, 2014, is by Citibank, NA, anational banking association organized under the laws of the United States, located at 701 East60th Street North, Sioux Falls, SD 57117 (the "Bank") to Midland Funding LLC, organizedunder the laws of the State of Delaware, with its headquarters/principal place of business at 3111Camino Del Rio North, Suite 1300, San Diego, CA 92108 ("Buyer")For value received and subject to the terms and conditions of the Purchase and Sale Agreementdated March 21, 2014, between Buyer and the Bank (the "Agreement"), the Bank does herebytransfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer'ssuccessors and assigns, the Accounts described in Exhibit 1 and the final electronic file.With respect to information for the Accounts listed m Asset Schedule, to the best of the Bank sknowledge, the Bank represents and warrants to Buyer that (i) the Account informationconstitutes the Bank’s own business records and accurately reflects 1n all material respects theinformation in the Bank’s database; (ii) the Account information was kept in the regular courseof business; (iii) the Account information was made at or near the time by, or from informationtransmitted by, a person with knowledge of the data entered into and maintained in the Account’sdatabase; and (1v) it is the regular practice of the Bank’s business to maintain and compile suchdata.Citibank, N. A.By: :/“/é )/// (Signature)Name: Patricia HallTitle: Financial Account Mana er Contract ID: Document ID: 031314ENIBBlEBGl Document ID: 031314EN1BBIPBGl AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of South Dakota County of Minnehaha Patricia Hall, being duly swom, deposes and says: l am the Financial Account Manager of Citibank, NA. (“CBNA”) located at 701 East 60th Street North, Sioux Falls, SD 571 l7, am authorized to make the statements and representations herein and I am over l8 years of age. In this position, I have access to the creditor’s books and records and am awanc of the process of the sale of accounts and electronic storage of business records. On or about March 26, 2014, CBNA sold a pool of charged-off accounts (the Accountsi by a Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC. As part of the sale of the Accounts, certain electronic records were trmtsferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. t 31$’ Signed this day of Indy-cl! , 20/4’ Patricia Hall 5’ / 5y . Sworn before me this day of Whit/W? , 801 ‘\L *5 rm file/4w elm/w Notary Public 5:, \ 1 AR ‘ novw' 075,-‘? . jalpggmhrgétorgegpims; oeltaflfl ..--“§t“vf ii? $3.?)gf-J»AA_0125 File No.1 333277 I ' ' Contract ID . Document ID 031314ENlBBlEBGl Document ID: 0313I4ENIBBIPBGI CERTIFICATE OF CONFORMITY STATE OF SOUTH DAKOTA CITY OF SIOUX FALLS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of South Dakota and is a resident of Sioux Falls, in the State of South Dakota; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of South Dakota; that the foregoing acknowledgment by Patricia Hall named in the foregoing instrument taken before Louise M. Sandoval, a Notary in the State of South Dakota, was taken in the manner prescribed by such laws of the State of South Dakota, being the State in QJQ which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. Da e ?N. nc Rasmussen Attorney at Law'm the State of South DakotaAA_0125 File No.1 333277 Field Field Data ACCOUNT NUMBER ACCOUNT NUMBER CROSS-REFERENCE NUMBER ACCOUNT OPEN DATE 12-May-11 CHARGE OFF AMOUNT 52,280.65 CHARGE OFF DATE 15-Sep-13 DEBTOR NAME FIRST RAYMOND C DEBTOR NAME LAST EUSANTOS DEBTOR RESIDENCE ADDRESS 1 437 87TH ST APT 3 DEBTOR RESIDENCE CITY DALY CITY DEBTOR RESIDENCE PHONE 6507581957 DEBTOR SOCIAL SECURITY NUMBER ‘"“6895 DEBTOR STATE CA DEBTOR ZIP CODE 940151709 LAST PAYMENT AMOUNT $60.00 LAST PAYMENT DATE 03-Feb-13 LAST PURCHASE DATE 24-Jun-12 RMS OFFICER CODE DESCRIPTION BEST BUY PRIVATE LABEL SALE AMOUNT $2,280.65 Data printed by Midland Credit Management, lnc. from electronic records provided by Citibank, N.A. pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 3/26/2014 in connection with the sale of accounts from Citibank, N.A. to Midland Funding, LLC.AA_0125 File No.2 333277 EXHIBIT BAA_0126 File No.1 333277 —Midlu- cml WI‘. Human‘. 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