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`Christopher D. Mandarich SB 220693
`Teona Pipia SB 343337
`Martin Weingarten SB 201906
`Sarkis Karayan SB 316926
`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
`
`
`4/22/2024
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`IN AND FOR THE COUNTY OF SAN MATEO - LIMITED
`24-CLJ-02439
`Case No.
`
`COMPLAINT FOR:
`
`1. ACCOUNT STATED
`2. OPEN BOOK ACCOUNT
`
`
`
`
`
` DEMAND: $1,516.37
`
`LVNV Funding LLC,
`Plaintiff,
`
`vs.
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`Jennifer Gomez, an individual;
`
`and DOES 1 through 10 inclusive.
`Defendant.
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`
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`
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`Plaintiff alleges:
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`FACTS COMMON TO ALL CAUSES OF ACTION
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`1.Plaintiff is and at all times herein mentioned, LVNV Funding LLC, and successor in
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`interest to original creditor, Synchrony Bank.
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`2.Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California
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`Debt Collector License Number 10888-04.
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`3.The charge-off creditor at the time of charge-off is Synchrony Bank, P.O. Box 105972
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`Atlanta, GA 30348,
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`and
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`the
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`account number
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`associated with
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`this debt
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`is
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`XXXXXXXXXXXX6472.
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`4.The subject credit account has been purchased by the following entities after charge-off:
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`Resurgent Acquisitions LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account
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`was transferred by Resurgent Acquisitions LLC to Plaintiff LVNV Funding LLC, who maintains
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`an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville, SC 29603.
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`5.Plaintiff is informed and believes that Defendant are individuals who currently reside
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`
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`COMPLAINT-1 of 5
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`
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`within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper
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`Court for trial of this action.
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`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 Jennifer Gomez, 855 BARRON AVE SPC C4 ,
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`REDWOOD CITY, CA 94063-3969.
`
`7.Plaintiff is unaware of the true names or capacities, whether individual, corporate,
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`associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore,
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`sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true
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`names and capacities once ascertained.
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`8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is,
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`the agent, servant and employee, employer of each of the other Defendant, and also acted in the
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`capacity of and as agent of the other Defendant. Plaintiff also believes that the individual
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`Defendant, and each of them, are jointly and severally liable that the actions described herein
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`were taken as actions for the benefit of the Defendant's separate and/or community property.
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`9.Plaintiff believes that, for value received, Defendant and each of them, executed and
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`delivered a credit card application to the original creditor, Synchrony Bank or made such
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`application over the telephone or Internet. Pursuant to the aforementioned application, Synchrony
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`Bank provided Defendant with a credit account, and granted use privileges on the same, account
`number XXXXXXXXXXXX6472 (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.
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`12.Defendant used the Account to make purchases and/or to take cash advances and/or to
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`make balance transfers. Each time the Defendant used the Account to purchase goods and services
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`COMPLAINT-2 of 5
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`and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to
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`repay Synchrony Bank and its successors in interest for the amount of the purchase and/or cash
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`advances and/or balance transfers.
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`13.Monthly statements were sent to Defendant which itemized all payments made and
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`charges due on the Account.
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`14.The date of last payment on the subject account was on April 22, 2020.
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`15.Within the last four years, the Defendant failed to make payments as agreed on the
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`Account. Defendant has failed, refused and neglected to pay amounts due on the Account.
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`16.The debt balance at charge-off was $1,556.37, and upon information and belief there is
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`$0.00 in post charge off fees and $0.00 in post charge off interest.
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`17.Subsequent to charge-off, and after applying any and all applicable payments and
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`credits, the Defendant owes Plaintiff $1,516.37.
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`18.Although demand has been made upon said Defendant to pay said amount, no part has
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`been paid, and it is now due and owing.
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`19.Upon information and belief, Synchrony Bank and successors in interest including
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`Plaintiff have duly performed all promises, conditions and agreements herein.
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`20.Plaintiff has complied with California Civil Code Section 1788.52.
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`21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy
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`of Billing Statement provided to the Defendant while the account was active, demonstrating that
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`the debt was incurred by the Defendant.
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`22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy
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`of the Final Billing Statement and/or Transaction History.
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`23.Upon opening the Account with Synchrony Bank, the Defendant(s) agree to reimburse
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`Synchrony Bank, and hence Plaintiff as successor in interest for the costs related to the collection
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`of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group,
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`COMPLAINT-3 of 5
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`
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`LLP to pursue collection of the amount due hereunder.
`
`
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`FIRST CAUSE OF ACTION
`
`(Account Stated)
`
`24.Plaintiff refers to and incorporates paragraphs 1 through 23.
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`25.Within the past 4 years, an account was stated in writing in which it was agreed that
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`Defendant were indebted in the amount previously referenced herein. Although demand has been
`
`made upon Defendant, said amount of $1,516.37 has not been paid, and it is now due, owing and
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`unpaid from Defendant to Plaintiff, as successor in interest.
`
`
`
`SECOND CAUSE OF ACTION
`
`(Open Book Account)
`
`
`
`
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`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,
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`said amount of $1,516.37 has not been paid, and it is now due, owing and unpaid including
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`attorney’s fees from Defendant to Plaintiff as successor in interest.
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`COMPLAINT-4 of 5
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`WHEREFORE, Plaintiff prays for judgment against the Defendant as follows:
`
`
`1. For the damages and money in the sum of $1,516.37,
`
`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
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`11
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`Dated: 04/14/2024
`
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`By: MANDARICH LAW GROUP, LLP
`
`
`
`
`
`
`
`
`
`
`
`Oo) LY
`
`
`
` [X] Christopher D. Mandarich, Esq.
`Attorneys for Plaintiff
`
`COMPLAINT-5 of 5
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`EXHIBIT A
`EXHIBIT A
`
`
`
`CARECREDIT/SYNCHRONY BANK
`
`JENNIFER GOMEZ
`Account Number :
`Statement Closing Date:
`
`04/23/2020
`
`6472
`
`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
`
`$882.39
`$0.00
`$70.00
`
`$39.00
`$5.00
`$856.39
`
`$10,000.00
`$0.00
`
`30
`
`Payment Information
`New Balance
`Total Minimum Payment Due
`Payment Due Date
`
`$856.39
`$53.00
`05/16/2020
`
`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 $39.00.
`
`Pay online for free at: mysynchrony.com
`For Synchrony Bank customer service or to report your
`card lost or stolen, call (1-866-893-7864).
`
`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
`
`$2,265.00
`
`7 years
`
`If you would like information about credit counseling services,
`call 1-877-302-8797.
`
`Promotional Expiration Notification
`
`YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED
`INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON THIS STATEMENT
`FOR FURTHER DETAILS. YOU HAVE A PROMOTION(S) EXPIRING ON 08/24/20.
`
`Promotional Purchase Summary
`
`Promotional
`Expiration
`Date
`08/24/2020
`
`Promotional
`Balance
`
`Deferred
`Interest Charge
`
`Tran Date
`
`| Description
`
`$600.20
`
`$245.82 | 08/09/2019
`
`mali InterestNo Interest If Paid In
`
`Initial
`Purchase
`Amount
`$2,072.00
`
`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. Ona
`Fixed Payment (Extended Payment Plan) promotional purchase, the Interest Charge is billed monthly and included as part of
`the Minimum Payment due.
`
`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
`
`Amount
`
`04/22/2020
`
`04/22/2020
`
`8534812G2F3ARVMYZ
`
`PAYMENT - THANK YOU
`
`04/16/2020
`
`04/16/2020
`
`Continued on next page
`
`FEES
`LATE FEE
`
`TOTAL FEES FOR THIS PERIOD
`
`($70.00)
`
`$39.00
`
`$39.00
`
`* NOTICE: See reverse side and additional pages (if any) for important information concerning your account.
`
`5302
`
`DFH
`
`1
`
`7
`
`21
`
`200423
`
`E
`
`PAGE 1 of 3
`
`9072
`
`3600
`
`C6K2
`
`O1DG5302
`
`Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink.
`
`Total Minimum
`Payment Due
`$53.00
`
`Payment Due Date
`
`New Balance
`
`Account Number
`
`05/16/2020
`
`$856.39
`
`6472
`
`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.
`
`JENNIFER GOMEZ
`855 BARRON AVE SPC C4
`REDWOOD CITY CA 94063-3969
`
`Make Payment to: SYNCHRONY BANK
`PO BOX 960061
`ORLANDO, FL 32896-0061
`
`
`
`Transaction Summary (Continued)
`
`Tran Date
`
`Post Date
`
`Reference Number
`
`Description
`
`Amount
`
`04/23/2020
`
`04/23/2020
`
`INTEREST CHARGED
`INTEREST CHARGE ON PURCHASES
`
`TOTAL INTEREST FOR THIS PERIOD
`
`$5.00
`
`$5.00
`
`2020 Totals Year-to-Date
`
`Total Fees Charged in 2020
`
`Total Interest Charged in 2020
`
`Total Interest Paid in 2020
`
`$106.00
`
`$17.29
`
`$10.69
`
`Interest Charge Calculation
`
`Type of Balance
`
`Expiration Date
`
`Purchases
`Deferred Interest/No Interest If Paid In Full
`
`NA
`08/24/2020
`
`Cardholder News & Information
`
`Annual
`Percentage
`Rate (APR)
`
`26.99%
`26.99%
`
`Balance Subject to
`Interest Rate
`
`Interest Charge
`
`$224.90
`$901.03
`
`$5.00
`$0.00
`
`We are here to support you and are working hard to ensure our CareCredit team members can continue to provide you with
`uninterrupted, dependable service. 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 cardholders.
`
`We are also aware that some of our cardholders may experience financial hardship as a result of COVID-19. If you are
`impacted, please contact us to discuss how we can help. We encourage you to use our online and mobile servicing tools. To
`register or log in to your account, visit the www.CareCredit.com page or go to www.CareCredit.com/app to download the mobile
`app.
`
`In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or
`an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send
`written authorization to the General Inquiries address.
`
`5302
`
`DFH
`
`1
`
`7
`
`21
`
`200423
`
`E PAGE 2 of 3
`
`9072
`
`3600
`
`C6K2
`
`O1DG5302
`
`
`
`5302
`
`DFH
`
`1
`
`7
`
`21
`
`200423
`
`E
`
`PAGE 3 of
`
`3
`
`9072
`
`3600
`
`C6K2
`
`O1DG5302
`
`
`
`
`
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`EXHIBIT B
`EXHIBIT B
`
`
`
`CARECREDIT/SYNCHRONY BANK
`
`JENNIFER GOMEZ
`Account Number :
`Statement Closing Date:
`
`10/23/2020
`
`6472
`
`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
`
`$1,443.76
`$0.00
`$0.00
`
`$40.00
`
`$32.61
`
`$1,516.37
`
`$10,000.00
`$0.00
`
`30
`
`Payment Information
`New Balance
`
`Minimum Payment This Period
`
`Amount Past Due
`Total Minimum Payment Due
`Payment Due Date
`
`$1,516.37
`
`$88.00
`
`$395.00
`$483.00
`11/16/2020
`
`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 (1-866-893-7864).
`
`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
`
`$2,534.00
`
`6 years
`
`If you would like information about credit counseling services,
`call 1-877-302-8797.
`
`Transaction Summary
`
`Tran Date
`
`Post Date
`
`Reference Number
`
`Description
`
`Amount
`
`10/16/2020
`
`10/16/2020
`
`10/23/2020
`
`10/23/2020
`
`FEES
`LATE FEE
`
`TOTAL FEES FOR THIS PERIOD
`
`INTEREST CHARGED
`INTEREST CHARGE ON PURCHASES
`
`TOTAL INTEREST FOR THIS PERIOD
`
`$40.00
`
`$40.00
`
`$32.61
`
`$32.61
`
`2020 Totals Year-to-Date
`
`Total Fees Charged in 2020
`
`Total Interest Charged in 2020
`
`Total Interest Paid in 2020
`
`$345.00
`
`$438.27
`
`$10.69
`
`Interest Charge Calculation
`
`Type of Balance
`
`Expiration Date
`
`Purchases
`
`NA
`
`Annual
`Percentage
`Rate (APR)
`
`26.99%
`
`Balance Subject to
`Interest Rate
`
`Interest Charge
`
`$1,470.03
`
`$32.61
`
`* NOTICE: See reverse side and additional pages (if any) for important information concerning your account.
`
`5302
`
`DFH
`
`1
`
`7
`
`21
`
`201023
`
`ED PAGE 1 of 3
`
`9072
`
`3600
`
`C6K2
`
`O1DG5302
`
`Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink.
`
`Total Minimum
`Payment Due
`$483.00
`
`Past Due
`Amount
`$395.00
`
`Payment
`Due Date
`11/16/2020
`
`New
`Balance
`$1,516.37
`
`Account Number
`
`6472
`
`Payment Enclosed : $
`
`New address or e-mail?
`Check the box at left and
`print changes on back
`
`Payment due includes $ 395.00 past due. Please pay the past due amount PROMPTLY.
`
`JENNIFER GOMEZ
`855 BARRON AVE SPC C4
`REDWOOD CITY CA 94063-3969
`
`Make Payment to: SYNCHRONY BANK
`PO BOX 960061
`ORLANDO, FL 32896-0061
`
`
`
`Cardholder News & Information
`
`In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or
`an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send
`written authorization to the General Inquiries address.
`
`You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we
`will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on
`your account online.
`
`YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
`CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
`
`5302
`
`DFH
`
`1
`
`7
`
`21
`
`201023
`
`EDPAGE 2 of 3
`
`9072
`
`3600
`
`C6K2
`
`O1DG5302
`
`
`
`5302
`
`DFH
`
`1
`
`7
`
`21
`
`201023
`
`EDPAGE
`
`3 of
`
`3
`
`9072
`
`3600
`
`C6K2
`
`O1DG5302
`
`