1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Christopher D. Mandarich SB 220693
`Teona Pipia SB 343337
`Martin Weingarten SB 201906
`MANDARICH LAW GROUP, LLP
`P.O. Box 109032 Chicago, IL 60610
`Phone: 877.285.4918
`Facsimile: 818.888.1260
`Mandarich Law Group, LLP California Debt Collector License Number 10795-99.
`Attorneys for Plaintiff: LVNV Funding LLC
`CGC-24-613776
`
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`04/08/2024
`Clerk of the Court
`BY: SHENEQUA GLADNEY
`Deputy Clerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`IN AND FOR THE COUNTY OF SAN FRANCISCO - LIMITED
`
`LVNV Funding LLC,
`Plaintiff,
`
`vs.
`
`Reynaldo V Capili, an individual;
`
`and DOES 1 through 10 inclusive.
`Defendant.
`
`
`
`Case No.
`
`COMPLAINT FOR:
`
`1. ACCOUNT STATED
`2. OPEN BOOK ACCOUNT
`
`
`
` DEMAND: $3,380.87
`
`
`
`
`
`Plaintiff alleges:
`
`FACTS COMMON TO ALL CAUSES OF ACTION
`
`1.Plaintiff is and at all times herein mentioned, LVNV Funding LLC, and successor in
`
`interest to original creditor, Synchrony Bank.
`
`2.Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California
`
`Debt Collector License Number 10888-04.
`
`3.The charge-off creditor at the time of charge-off is Synchrony Bank, P.O. Box 105972
`
`Atlanta, GA 30348,
`
`and
`
`the
`
`account number
`
`associated with
`
`this debt
`
`is
`
`XXXXXXXXXXXX5601.
`
`4.The subject credit account has been purchased by the following entities after charge-off:
`
`Resurgent Acquisitions LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account
`
`was transferred by Resurgent Acquisitions LLC to Plaintiff LVNV Funding LLC, who maintains
`
`an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville, SC 29603.
`
`5.Plaintiff is informed and believes that Defendant are individuals who currently reside
`
`
`
`COMPLAINT-1 of 5
`
`
`

`

`within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper
`
`Court for trial of this action.
`
`6.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 is Reynaldo V Capili, 219 BROOKDALE AVE ,
`
`SAN FRANCISCO, CA 94134-3017.
`
`7.Plaintiff is unaware of the true names or capacities, whether individual, corporate,
`
`associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore,
`
`sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true
`
`names and capacities once ascertained.
`
`8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is,
`
`the agent, servant and employee, employer of each of the other Defendant, and also acted in the
`
`capacity of and as agent of the other Defendant. Plaintiff also believes that the individual
`
`Defendant, and each of them, are jointly and severally liable that the actions described herein
`
`were taken as actions for the benefit of the Defendant's separate and/or community property.
`
`9.Plaintiff believes that, for value received, Defendant and each of them, executed and
`
`delivered a credit card application to the original creditor, Synchrony Bank or made such
`
`application over the telephone or Internet. Pursuant to the aforementioned application, Synchrony
`
`Bank provided Defendant with a credit account, and granted use privileges on the same, account
`number XXXXXXXXXXXX5601 (hereinafter <Account=).
`
`10.Prior to the commencement of this action, the Account was assigned for value to the
`
`Plaintiff and Plaintiff is its current holder.
`
`11.Defendant agreed to repay Synchrony Bank and any successors in interest, for any
`
`charges on the Account including, but not limited to, charges for purchase of goods and service
`
`and/or cash advances and balance.
`
`12.Defendant used the Account to make purchases and/or to take cash advances and/or to
`
`make balance transfers. Each time the Defendant used the Account to purchase goods and services
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`COMPLAINT-2 of 5
`
`

`

`and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to
`
`repay Synchrony Bank and its successors in interest for the amount of the purchase and/or cash
`
`advances and/or balance transfers.
`
`13.Monthly statements were sent to Defendant which itemized all payments made and
`
`charges due on the Account.
`
`14.The date of last payment on the subject account was on June 28, 2021.
`
`15.Within the last four years, the Defendant failed to make payments as agreed on the
`
`Account. Defendant has failed, refused and neglected to pay amounts due on the Account.
`
`16.The debt balance at charge-off was $4,278.44, and upon information and belief there is
`
`$0.00 in post charge off fees and $0.00 in post charge off interest.
`
`17.Subsequent to charge-off, and after applying any and all applicable payments and
`
`credits, the Defendant owes Plaintiff $3,380.87.
`
`18.Although demand has been made upon said Defendant to pay said amount, no part has
`
`been paid, and it is now due and owing.
`
`19.Upon information and belief, Synchrony Bank and successors in interest including
`
`Plaintiff have duly performed all promises, conditions and agreements herein.
`
`20.Plaintiff has complied with California Civil Code Section 1788.52.
`
`21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy
`
`of Billing Statement provided to the Defendant while the account was active, demonstrating that
`
`the debt was incurred by the Defendant.
`
`22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy
`
`of the Final Billing Statement and/or Transaction History.
`
`23.Upon opening the Account with Synchrony Bank, the Defendant(s) agree to reimburse
`
`Synchrony Bank, and hence Plaintiff as successor in interest for the costs related to the collection
`
`of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group,
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`COMPLAINT-3 of 5
`
`

`

`LLP to pursue collection of the amount due hereunder.
`
`
`
`FIRST CAUSE OF ACTION
`
`(Account Stated)
`
`24.Plaintiff refers to and incorporates paragraphs 1 through 23.
`
`25.Within the past 4 years, an account was stated in writing in which it was agreed that
`
`Defendant were indebted in the amount previously referenced herein. Although demand has been
`
`made upon Defendant, said amount of $3,380.87 has not been paid, and it is now due, owing and
`
`unpaid from Defendant to Plaintiff, as successor in interest.
`
`
`
`SECOND CAUSE OF ACTION
`
`(Open Book Account)
`
`
`
`
`
`26.Plaintiff refers to and incorporates paragraphs 1 through 25.
`
`27.Within the past 4 years, Defendant and each of them became indebted in the amount of
`
`the previously mentioned herein for a balance due on a book account for goods sold and delivered
`
`and/or services rendered by Synchrony Bank. Although demand has been made upon Defendant,
`
`said amount of $3,380.87 has not been paid, and it is now due, owing and unpaid including
`
`attorney’s fees from Defendant to Plaintiff as successor in interest.
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`COMPLAINT-4 of 5
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`
`WHEREFORE, Plaintiff prays for judgment against the Defendant as follows:
`
`
`1. For the damages and money in the sum of $3,380.87,
`
`2. For reasonable attorneys fees pursuant to statute;
`
`3. For costs of suit incurred; and
`
`4. For such other and further relief as the Court deems just and proper.
`
`5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court.
`
`10
`
`
`
`11
`
`Dated: 04/01/2024
`
`
`
`
`
`
`
`
`
`12
`
`
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: MANDARICH LAW GROUP, LLP
`
`
`
`
`
`
`
`
`
`
`
`[X] Teona Pipia, Esq.
`Attorneys for Plaintiff
`
`
`
`COMPLAINT-5 of 5
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`LUXURY/SYNCHRONY BANK
`
`REYNALDO V CAPILI
`Account Number: Si 5601
`Statement Closing Date:
`02/02/2020
`
`Summary of Account Activity
`
`Previous Balance
`+
`New Purchases
`-
`Payments
`
`Credits, Fees & Adjustments (net)
`+/-
`Interest Charge (net)
`+/-
`New Balance
`
`Credit Limit
`Available Credit
`
`Days in Billing Period
`
`$4,080.50
`$0.00
`$88.00
`
`$0.00
`$0.00
`$3,992.50
`
`$4,500.00
`$507.00
`
`31
`
`Payment Information
`New Balance
`Total Minimum Payment Due
`Payment Due Date
`
`$3,992.50
`$88.00
`02/25/2020
`
`PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE.
`We may convert your payment into an electronic debit. See
`reverse side.
`
`Late Payment Warning: If we do not receive your Total
`Minimum Payment Due by the Payment Due Date listed above,
`you may have to pay a
`late fee up to $40.00.
`
`Pay online for free at: mysynchrony.com
`For Synchrony Bank customer service or to report your
`card lost or stolen, call
`1-866-396-8254.
`
`Minimum Payment Warning: Making only the Total Minimum
`Payment Due will increase the amount of interest you pay and
`the time it takes to repay your balance. For example:
`
`Best times to call are Wednesday - Friday.
`
`| And you will end up}
`You will pay off
`If you make no
`additional charges |the balance shown|paying an estimated
`using this card and|
`on this statement
`total of...
`each month you
`in about...
`pay ...
`Only the minimum
`payment
`
`$3,993.00
`
`5 years
`
`$111.00
`
`3 years
`
`$3,993.00
`(Savings = $0.00)
`
`If you would like information about credit counseling services,
`call 1-877-302-8797.
`
`Promotional Purchase Summary
`
`Promotional
`Expiration
`Date
`
`06/02/2023
`
`08/02/2024
`
`Promotional
`Balance
`
`Deferred
`Interest Charge
`
`Tran Date
`
`| Description
`
`$1,656.50
`
`$2,336.00
`
`$0.00 | 05/12/2018 | Equal Payment No Interest
`
`$0.00 | 07/06/2019 | Equal Payment No Interest
`
`Initial
`Purchase
`Amount
`
`$2,584.50
`
`$2,600.00
`
`A summary of your promotional purchase is provided above.
`If you have a DEFERRED INTEREST/NO INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges
`on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date.
`
`To make more than one payment see Make Payment To address or pay online at mysynchrony.com.
`
`Transaction Summary
`
`Tran Date
`
`Post Date
`
`Reference Number
`
`Description
`
`01/18/2020
`
`01/18/2020
`
`P907700D401NW6E4MV
`
`PAYMENT - THANK YOU
`
`02/02/2020
`
`02/02/2020
`
`FEES
`TOTAL FEES FOR THIS PERIOD
`
`INTEREST CHARGED
`INTEREST CHARGE ON PURCHASES
`
`TOTAL INTEREST FOR THIS PERIOD
`
`2020 Totals Year-to-Date
`
`Total Fees Charged in 2020
`
`Total Interest Charged in 2020
`
`Total Interest Paid in 2020
`
`$0.00
`
`$0.00
`
`$0.00
`
`Amount
`
`($88.00)
`
`$0.00
`
`$0.00
`
`$0.00
`
`* NOTICE: See reverse side and additional pages (if any) for important information concerning your account.
`
`5302
`
`CXH
`
`1
`
`7
`
`2
`
`200202
`
`PAGE 1 of 3
`
`9077
`
`2000
`
`LxJ9
`
`O1DG5302
`
`Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink.
`
`Total Minimum
`Payment Due
`$88.00
`
`Payment Due Date
`
`New Balance
`
`Account Number
`
`02/25/2020
`
`$3,992.50
`
`5601
`
`Payment Enclosed : $
`
`New address or e-mail?
`Check the box at left and
`print changes on back
`
`If you only pay the Total Minimum Due it may not pay off the Promotional Purchase by the Expiration Date.
`
`REYNALDO V CAPILI
`219 BROOKDALE AVE
`SAN FRANCISCO CA 94134-3017
`
`Make Payment to: SYNCHRONY BANK
`PO BOX 960061
`ORLANDO, FL 32896-0061
`
`

`

`Interest Charge Calculation
`
`Type of Balance
`
`Purchases
`Equal Payment No Interest
`
`Equal Payment No Interest
`
`New Promotional Financing Plans
`
`Expiration Date
`
`NA
`06/02/2023
`
`08/02/2024
`
`Annual
`Percentage
`Rate (APR)
`29.99%
`0.00%
`
`0.00%
`
`Balance Subject to
`Interest Rate
`
`Interest Charge
`
`$0.00
`$0.00
`
`$0.00
`
`$0.00
`$0.00
`
`$0.00
`
`This notice is to let you know about some promotional financing plans that may be available for you when you use your card for
`future purchases. This is only a summary of key terms. At times, we may offer you other promotional financing plans for
`certain purchases. Details of available promotions will be provided to you at the time of your transactions. Not all plans or all
`plan periods will be available at every retailer. For purposes of this notification, your
`Purchase Annual Percentage Rate
`("APR") is 29.99% See the Interest Charge Calculation section of this billing statement to determine if this APR is variable. If a
`{v) is shown next to your APR, this APR will vary with the market based on the prime rate. Subject to credit approval. Regular
`account terms apply to non-promotional purchases and, after promotion ends, to promotional purchase.
`
`No Interest if Paid Within Promotional Period
`(These can be advertised as Deferred Interest promotions)
`Under this promotion, no Interest Charges will be assessed if the promotional purchase balance is paid in full within the
`promotional period. If the promotional purchase balance is not paid in full by the end of the promotional period, interest will be
`imposed from the date of purchase atthe
`Purchase APRstated above. Minimum monthly payments are required. This
`promotion may be offered for periods of
`6, 12, 15, 18, or 24 months.
`
`Please keep this for your records.|f you have any questions, please call us at the Customer Service number shown on your
`statement.
`
`Cardholder News & Information
`
`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.
`
`5302
`
`CXH
`
`1
`
`7
`
`2
`
`200202
`
`PAGE 2 of 3
`
`9077
`
`2000
`
`LxXJ9
`
`O1DG5302
`
`

`

`5302
`
`CXH
`
`1
`
`7
`
`2
`
`200202
`
`PAGE 3 of 3
`
`9077
`
`2000
`
`LxXJ9
`
`O1DG5302
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`

`

`LUXURY/SYNCHRONY BANK
`
`REYNALDO V CAPILI
`Account Number: Si 5601
`Statement Closing Date:
`08/02/2020
`
`Summary of Account Activity
`
`Previous Balance
`+
`New Purchases
`-
`Payments
`
`+/-
`+/-
`
`Credits, Fees & Adjustments (net)
`Interest Charge (net)
`
`New Balance
`
`Credit Limit
`Available Credit
`
`Days in Billing Period
`
`$4,192.97
`$0.00
`$0.00
`
`Payment Information
`New Balance
`
`Minimum Payment This Period
`
`Amount Past Due
`
`$40.00
`$5.47
`
`Total Minimum Payment Due
`Payment Due Date
`
`$4,238.44
`
`$133.47
`
`$728.47
`
`$861.94
`08/25/2020
`
`$4,238.44
`
`$4,500.00
`$0.00
`
`31
`
`PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE.
`We may convert your payment into an electronic debit. See
`reverse side.
`
`Pay online for free at: mysynchrony.com
`For Synchrony Bank customer service or to report your
`card lost or stolen, call
`1-866-396-8254.
`
`Best times to call are Wednesday - Friday.
`
`Late Payment Warning: If we do not receive your Total
`Minimum Payment Due by the Payment Due Date listed above,
`you may have to pay a
`late fee up to $40.00.
`
`Minimum Payment Warning: Making only the Total Minimum
`Payment Due will increase the amount of interest you pay and
`the time it takes to repay your balance. For example:
`
`|And you will end up}
`You will pay off
`If you make no
`additional charges |the balance shown|paying an estimated
`using this card and|
`on this statement
`total of...
`each month you
`in about...
`pay ...
`Only the minimum
`payment
`
`$4,245.00
`
`4 years
`
`If you would like information about credit counseling services,
`call 1-877-302-8797.
`
`Promotional Purchase Summary
`
`Promotional
`Expiration
`Date
`
`06/02/2023
`
`08/02/2024
`
`Promotional
`Balance
`
`Deferred
`Interest Charge
`
`Tran Date
`
`| Description
`
`$1,656.50
`
`$2,336.00
`
`$0.00 | 05/12/2018 | Equal Payment No Interest
`
`$0.00 | 07/06/2019 | Equal Payment No Interest
`
`Initial
`Purchase
`Amount
`
`$2,584.50
`
`$2,600.00
`
`A summary of your promotional purchase is provided above.
`If you have a DEFERRED INTEREST/NO INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges
`on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date.
`
`To make more than one payment see Make Payment To address or pay online at mysynchrony.com.
`
`Transaction Summary
`
`Reference Number
`
`Description
`
`Amount
`
`Tran Date
`
`Post Date
`
`07/25/2020
`
`07/25/2020
`
`FEES
`
`LATE FEE
`
`TOTAL FEES FOR THIS PERIOD
`
`INTEREST CHARGED
`
`08/02/2020
`
`08/02/2020
`
`INTEREST CHARGE ON PURCHASES
`
`TOTAL INTEREST FOR THIS PERIOD
`
`2020 Totals Year-to-Date
`
`Total Fees Charged in 2020
`
`Total Interest Charged in 2020
`
`Total Interest Paid in 2020
`
`$233.00
`
`$12.94
`
`$0.00
`
`$40.00
`
`$40.00
`
`$5.47
`
`$5.47
`
`* NOTICE: See reverse side and additional pages (if any) for important information concerning your account.
`
`5302
`
`CXH
`
`1
`
`7
`
`2
`
`200802
`
`EDPAGE 1 of 3
`
`9077
`
`2000
`
`LXJ9
`
`01DG5302
`
`Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink.
`
`Total Minimum
`Payment Due
`
`Past Due
`Amount
`
`Payment
`Due Date
`
`New
`Balance
`
`Account Number
`
`$861.94
`
`$728.47
`
`08/25/2020
`
`$4,238.44 a 560"
`
`Payment Enclosed : $
`
`New address or e-mail?
`Check the box at left and
`print changes on back
`
`Payment due includes $ 728.47 past due. Please pay the past due amount PROMPTLY.
`
`If you only pay the Total Minimum Due it may not pay off the Promotional Purchase by the Expiration Date.
`
`REYNALDO V CAPILI
`219 BROOKDALE AVE
`SAN FRANCISCO CA 94134-3017
`
`Make Payment to: SYNCHRONY BANK
`PO BOX 960061
`ORLANDO, FL 32896-0061
`
`

`

`Interest Charge Calculation
`
`Type of Balance
`
`Purchases
`Equal Payment No Interest
`
`Equal Payment No Interest
`
`Cardholder News & Information
`
`Expiration Date
`
`NA
`06/02/2023
`
`08/02/2024
`
`Annual
`Percentage
`Rate (APR)
`29.99%
`0.00%
`
`0.00%
`
`Balance Subject to
`Interest Rate
`
`Interest Charge
`
`$214.61
`$0.00
`
`$0.00
`
`$5.47
`$0.00
`
`$0.00
`
`We are here to support you and are working hard to ensure our Synchrony Team members can continue to provide you with
`uninterrupted, dependable service. We encourage you to use our online and mobile servicing tools. To register or log in to your
`account, navigate to "Login" at the top of the www.MySynchrony.com home page.
`
`As COVID-19 and its impact continue to evolve and develop, we remain focused on the health and safety of our employees and
`our communities, as well as our commitment to you, our customers.
`
`We are also aware that some of our customers may experience financial hardship as a result of COVID-19. If you are impacted,
`please contact us to discuss how we can help.
`
`5302
`
`CXH
`
`1
`
`7
`
`2
`
`200802
`
`ED PAGE 2
`
`of 3
`
`9077
`
`2000
`
`LxXJ9
`
`O1DG5302
`
`

`

`5302
`
`CXH
`
`1
`
`7
`
`2
`
`200802
`
`EDPAGE 3 of 3
`
`9077
`
`2000
`
`LxXJ9
`
`O1DG5302
`
`