1616122
`
` GURSTEL LAW FIRM P.C.
`Gurstel Law Firm P.C.’s California Debt Collection License: 10361-99.
`Kimberlee Tsai (SBN # 227426)
`Brianna Elmassian (SBN# 329673)
`Stella Park (SBN# 310445)
`Spencer Penuela (SBN# 324544)
`Anna Karkoon (SBN# 295797)
`Ann Doan (SBN# 297543)
`9320 East Raintree Drive, Scottsdale, AZ 85260
`Telephone: (877) 344-4002
`Fax: (877) 750-6335
`info@gurstel.com
`Attorneys for Plaintiff,
`PCA Acquisitions V, LLC
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`04/04/2024
`Clerk of the Court
`BY: SHENEQUA GLADNEY
`Deputy Clerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`SAN FRANCISCO COUNTY - SAN FRANCISCO COURT
`
`PCA Acquisitions V, LLC
`Plaintiff,
`
`vs.
`
`Toufik Ghezlaoui
`
`Case No.
`
`CGC-24-613652
`
`COMPLAINT FOR MONEY DUE ON
`ACCOUNT STATED; OPEN BOOK
`ACCOUNT
`
`Defendant.
`
`LIMITED CIVIL ACCOUNT DEMAND
`DOES NOT EXCEED $10,000.00
`
`PCA Acquisitions V, LLC(“Plaintiff”) alleges causes of action against Toufik Ghezlaoui
`
`("Defendant") as follows:
`
`1.
`
`2.
`
`ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
`
`Plaintiff is a debt buyer.
`
`Plaintiff believes that, on or about August 14, 2017, Citibank, N.A. provided Defendant
`
`with a credit account ("Account"), and granted use privileges on the same. Defendant used
`
`the Account to make purchases and/or take cash advances and/or make balance transfers,
`
`each time reaffirming Defendant's agreement to repay Citibank, N.A. and its successors
`
`PCA Acquisitions V, LLC vs. Toufik Ghezlaoui / Case No.:
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`3.
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`4.
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`5.
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`6.
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`in interest, for the amount of the purchase and/or cash advances and/or balance transfers.
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`Plaintiff is the sole owner of the debt at issue.
`
`The debt balance at charge-off was $5,328.87. $0.00 in post charge-off fees and $0.00 in
`
`post charge-off interest have been imposed since the time of charge-off.
`
`The date of last payment on the Account was on April 14, 2020.
`
`The charge-off creditor at the time of charge-off was Citibank, N.A. (“Charge-Off
`
`Creditor”), whose address at said time was 5800 South Corporate Place, Sioux Falls, SD
`
`57108 . Charge-Off Creditor’s account number associated with the debt is
`
`************1204.
`
`7.
`
`Defendant’s name and address as it appeared in the Charge-Off Creditor's records prior to
`
`the sale of the Account to Plaintiff is Toufik Ghezlaoui, 333 HARRISON ST APT 209,
`
`SAN FRANCISCO, CA 94105-2335.
`
`8.
`
`Prior to the commencement of this action, the Account was assigned or otherwise
`
`transferred to Plaintiff. Plaintiff, is the present holder and sole owner of the Account.
`
`Plaintiff's address is 1002 Justison St., Wilmington, DE 19801. The names and address
`
`of all persons or entities that purchased the debt after charge-off are:
`
`(A) PCA Acquisitions V, LLC, 1002 Justison St. Wilmington, DE 19801
`
`9.
`
`Plaintiff has complied with the requirements of Civil Code section 1788.52. Notably,
`
`section 1788.52(a)(7) requires that Plaintiff include its debt collector license number in any
`
`written attempts to collect a consumer debt. The legislation that created this requirement
`
`also stated that licenses would not be issued prior to January 1, 2022, and that a debt
`
`collector that submits an application prior to January 1, 2022, may operate pending the
`
`approval or denial of the application. On or before December 31, 2021, Plaintiff submitted
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`PCA Acquisitions V, LLC vs. Toufik Ghezlaoui / Case No.:
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`a debt collector license application, which is currently under consideration and has not
`
`been denied or approved.
`
`10.
`
`Attached hereto and incorporated herein by reference are true and correct copies of
`
`documents evidencing the Account as stated in California Civil Code §1788.58(b).
`
`(A) Exhibit 1 is a copy of the document demonstrating the assignment of the
`
`Account to Plaintiff.
`
`(B) Exhibit 2 is a copy of a statement provided to Defendant while the Account
`
`was active, demonstrating that the debt was incurred by the Defendant.
`
`(C) Exhibit 3 is a copy of the final billing statement.
`
`11.
`
`Plaintiff believes that Defendant is an individual who currently resides within the
`
`jurisdictional boundaries of this Court. Therefore, this Court is the proper Court for
`
`adjudication of this matter.
`
`12.
`
`Defendant failed to make payments as agreed on the Account and has failed to pay
`
`amounts due on the Account.
`
`13.
`
`Taking into account all known payments, charges, offsets, if any, the amount due on this
`
`account as of the date this Complaint was prepared is $5,328.87, which amount equals the
`
`charge-off balance, less any payments or offsets as applicable.
`
`14.
`
`Although demand has been made upon Defendant to pay the outstanding balance on the
`
`Account, Defendant has failed to do so.
`
`FIRST CAUSE OF ACTION
`(Account Stated)
`Plaintiff refers to and incorporates paragraphs 1 through 14.
`
`15.
`
`16. Within the last four years, an account was stated in writing in which it was agreed that
`
`Defendant was indebted in the amount previously referenced herein.
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`PCA Acquisitions V, LLC vs. Toufik Ghezlaoui / Case No.:
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`

`

`17.
`
`Although demand has been made upon Defendant to pay said amount there remains an
`
`outstanding balance on the Account of $5,328.87, which has not been paid, and is now due
`
`and owing from Defendant to Plaintiff, as successor in interest.
`
`SECOND CAUSE OF ACTION
`(Open Book Account)
`Plaintiff refers to and incorporates paragraphs 1 through 17.
`
`18.
`
`19. Within the last four years, Defendant became indebted in the amount previously referenced
`
`herein for a balance due on an open book account.
`
`20.
`
`Although demand has been made upon Defendant to pay said amount there remains an
`
`outstanding balance on the Account of $5,328.87, which has not been paid, and is now due
`
`and owing from Defendant to Plaintiff, as successor in interest.
`
`WHEREFORE, as to all Causes of Action, Plaintiff prays for judgment against Defendant,
`
`including but not limited to, the amounts as follows:
`
`1.
`
`2.
`
`3.
`
`For damages of $5,328.87;
`
`For costs of suit incurred herein; and
`
`For such further relief that the Court may deem just and proper.
`
` Dated: April ____, 2024
`
`GURSTEL LAW FIRM, P.C.
`
`_______________________
`
`Kimberlee Tsai
`Brianna Elmassian
`Stella Park
`Spencer Penuela
`Anna Karkoon
`Ann Doan
`
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`PCA Acquisitions V, LLC vs. Toufik Ghezlaoui / Case No.:
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`

`

`EXHIBIT 1
`EXHIBIT 1
`
`

`

`
`
`
`BILL OF SALE AND ASSIGNMENT
`2Q2023 Citi Retail Services DSA Bulk Accounts
`
`Contract ID:
`Addendum ID:
`Document ID:
`
`1522
`23C2
`IBB1
`
`
`THIS BILL OF SALE AND ASSIGNMENT dated May 26, 2023, is by Citibank, N.A., a national
`banking association organized under the laws of the United States, located at 5800 South Corporate
`Place, Sioux Falls, SD 57108 (the "Bank") to PCA Acquisitions V, LLC, organized under the laws
`of the Delaware, with its headquarters/principal place of business at 1002 Justison St., Wilmington,
`DE 19801 ("Buyer").
`
`For value received and subject to the terms and conditions of the Master Purchase and Sale
`Agreement dated December 15, 2022 and Addendum No. 2 dated May 16, 2023, between Buyer
`and the Bank as amended, restated, or otherwise modified from time to time (the "Agreement"),
`the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer,
`and to Buyer's successors and assigns, the Accounts described in Exhibit 2 and the final electronic
`file.
`
`
`
`Citibank, N.A.
`
`
`By:
`
`
`Name:
`
`
`Title:
`
`PCA Acquisitions V, LLC
`
`By:
`
`
`
`
`
`Name:
`
`Title:
`
`
`
`
`
`(Signature)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Signature)
`
`
`
`
`
`
`
`
`
`
`
`
`Authorized Party
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Invenio 121522
`
`
`
`1
`
`X0801
`
`Terri Bergman
`
`Matthew Saperstein
`
`Matthew Saperstein
`
`COO
`
`

`

`
`
`pcaa_Invenio-Citi-Retail-Services-DSA-Bulk-0523.xlsxpcaa_Invenio-Citi-Retail-Services-DSA-Bulk-0523.xlsx
`
`ACCOUNT_OPEN_DATE ATTORNEY_ADDRESS ATTORNEY_CITY ATTORNEY_LAW_FIRM ATTORNEY_NAME ATTORNEY_PHONE
`
`14AUG2017
`
`ATTORNEY_STATE ATTORNEY_ZIP_CODE AWARENESS_INDICATOR Account_4 BAD_NUMBER_INDICATOR
`
`0
`
`1204
`
`BANKRUPTCY_CASE_NUMBER BANKRUPTCY_CHAPTER BANKRUPTCY_FILE_DATE BANKRUPTCY_TRUSTEE BK_PROOF_OF_CLAIM_FEE
`
`BK_PROOF_OF_CLAIM_INTEREST BK_PROOF_OF_CLAIM_PRINCIPAL CHARGE_OFF_BALANCE CHARGE_OFF_DATE
`
`$5,328.87
`
`20DEC2020
`
`CONSUMER_FIRST_AND_MIDDLE_NAME CONSUMER_LAST_NAME CONSUMER_RESIDENCE_ADDRESS_1
`
`TOUFIK
`
`GHEZLAOUI
`
`333 HARRISON ST APT 209
`
`CONSUMER_RESIDENCE_ADDRESS_2 CONSUMER_RESIDENCE_CITY CONSUMER_RESIDENCE_COUNTRY CONSUMER_RESIDENCE_PHONE
`
`SAN FRANCISCO
`
`CONSUMER_STATE CONSUMER_ZIP_CODE CO_BORROWER_FIRST_AND_MIDDLE_NAM CO_BORROWER_LAST_NAME
`
`CA
`
`941052335
`
`CURRENT_BALANCE DEFAULT_DATE DOB
`
`LANGUAGE_INDICATOR LAST_BALANCE_TRANSFER_AMOUNT
`
`$5,328.87
`
`15JUN2020
`
`EN
`
`LAST_BALANCE_TRANSFER_DATE LAST_CASH_ADVANCE_AMOUNT LAST_CASH_ADVANCE_DATE LAST_PAYMENT_AMOUNT
`
`.
`
`.
`
`$133.11
`
`LAST_PAYMENT_DATE LAST_PURCHASE_AMOUNT LAST_PURCHASE_DATE LENDING_LEVEL_1 LENDING_LEVEL_2
`
`14APR2020
`
`$149.73
`
`26FEB2020 DSNB
`
`DSNB
`
`ORIGINAL_LOAN_BALANCE POST_CHARGE_OFF_FEES POST_CHARGE_OFF_INTEREST PRE_CHARGE_OFF_FEES
`
`$0.00
`
`$0.00
`
`$269.00
`
`PRE_CHARGE_OFF_INTEREST PRINCIPAL PRODUCT_DESCRIPTION PRODUCT_IDENTIFIER_CODE SALE_AMOUNT SALE_ID
`
`$893.17
`
`$4,166.70 Macy's Credit Card
`
`7700
`
`$5,328.87
`
`U4IB
`
`SALE_SEGMENT SSN1_4 SSN2_4
`
`TOTAL_CREDITS_POST_CHARGE_OFF TOTAL_NSF_POST_CHARGE_OFF
`
`MACY
`
`.
`
`$0.00
`
`$0.00
`
`TOTAL_PAYMENTS_POST_CHARGE_OFF
`
`$0.00
`
`

`

`EXHIBIT 2
`EXHIBIT 2
`
`

`

`PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE.
`TOUFIK GHEZLAOUI
`333 HARRISON ST APT 209
`SAN FRANCISCO, CA 94105-2335
`Summary of Account Activity
`Previous Balance
`$4,299.81
`Payments
`-$133.11
`Other Credits
`-$0.00
`Purchases/Other Debits
`+$0.00
`Fees Charged
`+$0.00
`Interest Charged
`+$89.72
`New Balance
`$4,256.42
`Past Due Amount
`$0.00
`Make Check Payable to: Macy's
`Mail to address below
`Page 1 of 4
`This Account is Issued by Department Stores National Bank.
`Account Number:
`-1204
`Payment Due Date
`New Balance
`Minimum Payment Due
`May 14, 2020
`$4,256.42
`$0.00
`Questions or lost/stolen card? Call Customer Service 1-866-593-2543
`Go to macys.com/credit to manage and pay your account online.
`TOUFIK GHEZLAOUI
`Account Number:
`1204
`Payment Information
`New Balance
`$4,256.42
`Minimum Payment Due
`$0.00
`Payment Due Date
`May 14, 2020
`Late Payment Warning: If we do not receive your minimum payment by the date
`listed above, you may have to pay a late fee up to $40.
`Minimum Payment Warning: Even if you make no more charges using this card, if
`you make only the minimum payment each month we estimate you will never pay
`off the balance shown on this statement because your payment will be less than
`the interest charged each month.
`If you make more than the minimum payment each period, you will pay less in
`interest and pay off your balance sooner. For example, if you instead paid $170 per
`month, you would pay off the balance shown on this statement in around 3 years.
`If you would like information about credit counseling services, call 1-877-337-8187.
`Macy's Account statement
`Your Statement Enclosed
`1204
`120401120401
`ML 11
`Macy's
`PO BOX 9001094
`LOUISVILLE, KY 40290-1094
`Credit Limit
`$4,000.00
`Available Credit
`$0.00
`Amount Over Credit Limit
`$256.42
`Statement Closing Date
`04/17/2020
`Next Statement Closing Date
`05/18/2020
`Days in Billing Cycle
`30
`This is the last billing period of the COVID-19 waiver of your minimum payment due requirement. Please be sure to pay the minimum payment due shown
`on your next statement by the payment due date.
`P.O. BOX 8058
`MASON, OH 45040-8058
`

`

`Page 2 of 4
`120401120401
`ML - 9139-7700-0000 -/A/- - 41 - N - D - 9 - - - 197210 -/B/- A - 46 - O - 08 -/C/- P - B - - 0 - Y -/D/- 0 -
`- CAR1 - C - - 0 - 410 -/E/- 01/18/20 - 08/01/17 - 32 - April 14, 2020 - March 18, 2020
`N - - - -/F/- 0 - - MBHB - V - D - D -
`- - - - 0520 -/G/- - - 0 - 0 - MD - - -
`

`

`120402120402
`Page 3 of 4
`***************************************************************************************************************************************************************************
`You have asked us to automatically withdraw your monthly payments from your designated account ending in 9346. Your next payment of $0.00 will be
`withdrawn from your account on May 14, 2020. To cancel your enrollment or to change or cancel the scheduled payment, you must contact us at
`1-866-593-2543 or by accessing your credit account online through www.macys.com/credit. Live Chat assistance is available. Updates or cancelations
`must be submitted by 5:00 p.m. ET on the payment date, except for debit card payments. To update or cancel your debit card payments, you must contact
`us during the following business hours the day before the payment date: Monday - Thursday, 9:00 a.m. - 9:00 p.m. ET, Friday - Saturday, 9:00 a.m. - 6:00
`p.m. ET, and Sunday 10:00 a.m. - 7:00 p.m. ET. If the balance due on your account is less than the scheduled payment amount, we will withdraw the
`balance due on your account.
`***************************************************************************************************************************************************************************
`COVID- 19: We�re experiencing high telephone call volumes and appreciate your patience. For a faster way to manage your credit account, visit
`macys.com/credit to log in or set up your profile. From there, you can add your card and access online servicing to check your balance, make a payment,
`enroll in paperless statements and more.
`Macy's account transactions
`Transaction Date
`Description
`Location
`Amount
`Apr 14
`PAYMENT - THANK YOU
`-$133.11
`Fees
`Transaction Date
`Description
`Amount
`TOTAL FEES FOR THIS PERIOD
`$0.00
`Interest Charged
`Transaction Date
`Description
`Amount
`Apr 17
`INTEREST CHARGE ON PURCHASES
`$89.72
`TOTAL INTEREST FOR THIS PERIOD
`$89.72
`2020 Totals Year-to-Date
`Total Fees Charged in 2020
`$0.00
`Total Interest Charged in 2020
`$304.68
`Activity and Promotions Detail
`Original
`Promotion
`Trans
`Amount
`Promotion
`Trans
`Date
`Previous
`Balance
`Interest
`Charged
`New
`Balance
`Promotion
`Minimum
`Payment Due
`Deferred
`Interest
`Charges
`Promotion
`Expiration
`Date
`Payments
`& Other
`Credits
`Purchases,
`Cash Adv,
`Fees &
`Other Debits
`MACY'S ACCOUNT TRANSACTIONS
`REGULAR
`-
`-
`$4,299.81
`-$133.11
`-
`$89.72
`$4,256.42
`-
`-
`-
`TOTAL
`$4,299.81
`-$133.11
`$0.00
`$89.72
`$4,256.42
`$0.00
`$0.00
`Interest Charge Calculation
`Your Annual Percentage Rate (APR) is the annual interest rate on your account.
`Type of Balance
`Annual Percentage Rate (APR) Balance Subject to Interest Rate
`Interest Charge
`MACY'S ACCOUNT TRANSACTIONS
`REGULAR
`25.24% (V)
`$4,325.43
`$89.72
`(V) = Variable Rate
`Star Rewards
`Points earned 3/14/20 - 4/15/20
`0
`Points Balance as of 4/15/20*
`-670
`*Current point balance does not include pending points or points earned for
`items shipped or delivered after the �as of� date. Visit
`macys.com/mystarrewards to see your current points balance.
`Account number ending in 1204
`

`

`120402120402
`Page 4 of 4
`Account number ending in 1204
`THIS PAGE INTENTIONALLY LEFT BLANK
`

`

`EXHIBIT 3
`EXHIBIT 3
`
`

`

`PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE.
`TOUFIK GHEZLAOUI
`333 HARRISON ST APT 209
`SAN FRANCISCO, CA 94105-2335
`Summary of Account Activity
`Previous Balance
`$5,176.61
`Payments
`-$0.00
`Other Credits
`-$0.00
`Purchases/Other Debits
`+$0.00
`Fees Charged
`+$40.00
`Interest Charged
`+$112.26
`New Balance
`$5,328.87
`Past Due Amount
`$1,256.19
`Make Check Payable to: Macy's
`Mail to address below
`Page 1 of 4
`This Account is Issued by Department Stores National Bank.
`Account Number:
`1204
`Payment Due Date
`New Balance
`Minimum Payment Due
`January 14, 2021
`$5,328.87
`$1,462.45
`Questions or lost/stolen card? Call Customer Service 1-800-782-7756
`Go to macys.com/credit to manage and pay your account online.
`TOUFIK GHEZLAOUI
`Account Number:
`1204
`Payment Information
`New Balance
`$5,328.87
`Minimum Payment Due
`$1,462.45
`Payment Due Date
`January 14, 2021
`Late Payment Warning: If we do not receive your minimum payment by the date
`listed above, you may have to pay a late fee up to $40.
`Minimum Payment Warning: If you make only the minimum payment each
`period, you will pay more in interest and it will take you longer to pay off your
`balance. For example:
`If you make no additional
`charges using this card
`and each month you pay...
`You will pay off the
`balance shown on this
`statement in about...
`And you will
`end up paying an
`estimated total of...
`Only the minimum payment
`16 years
`$12,141
`$213
`3 years
`$7,651
`(Savings=$4,490)
`If you would like information about credit counseling services, call 1-877-337-8188.
`Macy's Account statement
`Your Statement Enclosed
`1204
`120401120401
`8 ML 11
`Macy's
`PO BOX 9001094
`LOUISVILLE, KY 40290-1094
`Credit Limit
`$0.00
`Available Credit
`$0.00
`Amount Over Credit Limit
`$1,328.87
`Statement Closing Date
`12/18/2020
`Next Statement Closing Date
`01/18/2021
`Days in Billing Cycle
`31
`You can access and manage your credit card account whenever you want � just visit macys.com/credit to log in or set up your profile. From there, you can
`add your card and access online servicing to check your balance, make a payment, enroll in Paperless Statements and more.
`Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on your Statement Closing Date identified on your
`last statement, that payment will appear on your next statement.
`Fees
`Transaction Date
`Description
`Amount
`Dec 14
`LATE FEE
`$40.00
`TOTAL FEES FOR THIS PERIOD
`$40.00
`PO BOX 790003
`ST. LOUIS, MO 63179-0003
`

`

`Page 2 of 4
`120401120401
`ML - 9139-7700-0000 -/A/- - 41 - N - D - 9 - - - 197210 -/B/- E - 9 - X - 08 -/C/- P - B - - 0 - N -/D/- 7 -
`- CCR1 - N - - 0 - 0 -/E/- 01/18/20 - 08/01/17 - 40 - November 15, 2020 - November 17, 2020 -N -
`- - -/F/- 0 - - MY8Q - V - D - D -
`- - - - 0520 -/G/- - - 0 - 0 - - - -
`

`

`120402120402
`Page 3 of 4
`Interest Charged
`Transaction Date
`Description
`Amount
`Dec 18
`INTEREST CHARGE ON PURCHASES
`$112.26
`TOTAL INTEREST FOR THIS PERIOD
`$112.26
`2020 Totals Year-to-Date
`Total Fees Charged in 2020
`$269.00
`Total Interest Charged in 2020
`$1,108.13
`Activity and Promotions Detail
`Original
`Promotion
`Trans
`Amount
`Promotion
`Trans
`Date
`Previous
`Balance
`Interest
`Charged
`New
`Balance
`Promotion
`Minimum
`Payment Due
`Deferred
`Interest
`Charges
`Promotion
`Expiration
`Date
`Payments
`& Other
`Credits
`Purchases,
`Cash Adv,
`Fees &
`Other Debits
`MACY'S ACCOUNT TRANSACTIONS
`REGULAR
`-
`-
`$5,176.61
`-
`$40.00
`$112.26
`$5,328.87
`-
`-
`-
`TOTAL
`$5,176.61
`$0.00
`$40.00
`$112.26
`$5,328.87
`$0.00
`$0.00
`Interest Charge Calculation
`Your Annual Percentage Rate (APR) is the annual interest rate on your account.
`Type of Balance
`Annual Percentage Rate (APR) Balance Subject to Interest Rate
`Interest Charge
`MACY'S ACCOUNT TRANSACTIONS
`REGULAR
`25.24% (V)
`$5,237.12
`$112.26
`(V) = Variable Rate
`Account number ending in 1204
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`Account number ending in 1204
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