CROWN ASSET MANAGMENT, LLC vs. REBECCA Z CORONA, et al, 23-CLJ-01251, Complaint 1-Complaint (Cal. St., San Mateo Co., Super. Ct. Mar. 17, 2023) (2024)

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`CROWN ASSET MANAGEMENT, LLC is the sole owner of the account at issue.
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`October I 0, 2021 is the last payment date before charge off. See Exhibit "I" attached
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`hereto. The account remained open until it was charged off on May 31, 2022, with a balance of
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`$1,643.95. There is now due and owing to Plaintiff the unpaid sum of$1,643.95. No post charge off
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`interest or fees are included in this sum.
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`6.
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`The last known address that the charge-off creditor had for Defendant(s) is: REBECCA
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`7 Z CORONA, 2655 PESCADERO CREEK RD, PESCADERO, CA 94060.
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`Prior to the commencement of this action, Comenity Bank, PO BOX 182272,
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`9 COLUMBUS, OHIO, 43218-2273 who was the creditor at charge off, for valuable consideration,
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`Io
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`assigned, transferred, and set over to CROWN ASSET MANAGEMENT, LLC, 3100 BRECKINRIDGE
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`11 BLVD STE 725, Duluth, GA 30096, Defendant's Comenity Bank account number *****5232 ("the
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`12 within indebtedness"). Plaintiff is now the holder of the assigned rights in its chose in action of said
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`claims and the sole owner of the debt at issue.
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`8.
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`Plaintiff has complied with section 1788.52 of the California Civil Code.
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`FIRST CAUSE OF ACTION
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`(Open Book Account Against All Defendants)
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`9.
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`Plaintiff repeats, re-alleges and incorporates herein by reference the allegations for
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`paragraphs I through 8, inclusive, as though set forth at length herein.
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`10.
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`At all times mentioned herein, Plaintiff, CROWN ASSET MANAGEMENT, LLC was,
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`and is, a Limited Liability Company formed and maintained under and pursuant to the laws of the State
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`of Georgia, and has complied with all requirements to transact business in the State of California.
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`II.
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`Prior to the commencement of this action, Plaintiff is the successor in interest to Comenity
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`23 Bank, who for valuable consideration, assigned, transferred, and set over to Plaintiff, the within
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`indebtedness of the Defendant(s) and Plaintiff is now the holder of the assigned rights in said claims.
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`12.
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`This cause of action is being brought in this jurisdiction and venue due to the fact that the
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`26 Defendant(s) currentlyreside(s) here.
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`13.
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`The true names and capacities of Defendant DOES I through I 00, inclusive, are unknown
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`to Plaintiff at this time, who therefore sues said Defendants by such fictitious names. Plaintiff is
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`COMPLAINT FOR MONEY
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`informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for each
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`and every obligation hereinafter set forth.
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`14.
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`Plaintiff is further informed and believes, and thereon alleges, that each Defendant named
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`in this Complaint, was at all times herein mentioned, and now is, the agent and employee of each of the
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`5 other Defendants herein, and was at all such times acting within the course and scope of said agency and
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`employment.
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`15.
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`Plaintiff is informed and believes, and thereupon alleges, that at all times herein
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`8 mentioned, the Defendant(s ), and each of them, is responsible in some manner for the occurrences herein
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`alleged, and that the Plaintiff's damages, as hereinafter alleged, were proximately caused by the acts of
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`such Defendant(s), and each of them.
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`16.
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`The within action is not subject to the provisions of Section 2981, et seq., (Rees-Levering
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`12 Act) and Section 1801, et seq., (Unruh Act) of the Civil Code of the State of California.
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`17. Within the last four years, Defendant(s) and each of them, became indebted to the Original
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`14 Creditor on an open book account per California Code of Civil Procedure section 337a, in the sum of
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`$1,643.95.
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`18.
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`There is now due and owing to Plaintiff the unpaid sum of $1,643.95.
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`SECOND CAUSE OF ACTION
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`(Money Lent Against All Defendants)
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`19.
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`Plaintiff repeats, re-alleges and incorporates herein by reference the allegations for
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`20 paragraphs I through 18, inclusive, as though set forth at length herein.
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`20. Within the last four years, Defendant(s), and each of them, became indebted to the
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`22 Original Creditor in the principal amount of$1,643.95, for money advanced, lent, paid, laid out and/or
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`expended to said Defendant(s), and each of them, and/or for the benefit ofDefendant(s), and each of
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`them, at the specific request and/or direction ofDefendant(s), and each of them.
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`21.
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`There is now due and owing to Plaintiff the unpaid sum of $1,643.95.
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`II
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`3
`COMPLAINT FOR MONEY
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`THIRD CAUSE OF ACTION
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`(Account Stated Against All Defendants)
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`22.
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`Plaintiff repeats, re-alleges and incorporates herein by this reference all allegations set
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`forth in paragraphs I through 21 inclusive, as though set forth at length herein.
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`23. Within the last four years, an account was stated by and between the Original Creditor and
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`6 Defendant(s), and each of them, and it was agreed that the principal sum stated of$1,643.95 was due and
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`7 owmg.
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`24.
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`No part of said sum has been paid since October 10, 2021, although demand for full
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`9 payment has been made. There is now due and owing to Plaintiff the unpaid sum of $1,643.95.
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`WHEREFORE, Plaintiff prays for Judgment against Defendant(s ), and each of them, as follows:
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`AS TO ALL CAUSES OF ACTION:
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`For damages in the principal sum of$1,643.95;
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`For costs of suit incurred herein; and
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`For such other and further relief as the Court may deem just and proper.
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`2.
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`3.
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`Dated: 03/02/2023
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`Persolve Legal Group, LLP
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`By:
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`□ LUIS DUENAS/SBN 271
`□ CHRIS STEF AN/SBN 257516
`□ HADA FERNANDEZ/SEN 207127
`Attorney for Plaintiff
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`4
`COMPLAINT FOR MONEY
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`AFFIDAVIT OF VENUE
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`I, the undersigned attorney for the plaintiff in the within entitled action, make this affidavit
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`3 pursuant to Code of Civil Procedure §§ 395(b) and 396a. This action is filed in this judicial district
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`4 because, according to my client, the defendant(s) currentlyreside(s) here.
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`I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
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`true and correct. I make this declaration on
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`03/02/2023
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`, at Northridge, California.
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`Persolve Legal Group, LLP
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`By:
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`□ LUIS DUENAS/SBN271 ~
`□ CHRIS STEF AN/SBN 257516
`□ HADA FERNANDEZ/SEN 207127
`Attorney for Plaintiff
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`COMPLAINT FOR MONEY
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`EXHIBIT 1
`EXHIBIT 1
`EXHIBIT 1
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`

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`Summary of account activity
`H~_HS-232
`Account no
`
`Previous balance
`Payments
`Other credrts
`Purchases
`Otherdebrts
`Fees charged
`Interest charged
`New balance
`
`Past due amount
`
`Credrt limit
`Available credit
`Statement closing date
`Days in billing cycle
`
`$1.21685
`-10000
`0 00
`0 00
`0 00
`0 00
`2709
`$1,143.94
`
`0 00
`
`$1.28000
`$13606
`10/23/2021
`31
`
`Payment information
`New balance
`Minimum payment due
`Payment due date
`
`PAGE10F4
`
`$1.14394
`$5500
`11/18/2021
`
`Late payment warning:
`If we do not receive your minimum payment by 11/18/2021 you may
`have to pay up to a $40 00 late fee
`
`Minimum payment warning: If you make only the minimum
`payment for each period. you will pay mom in intemst and it will take
`you longer to pay off your balances For example
`
`If you make no additional
`charges using this card
`and each month you pay:
`
`Ono/ the minimum payment
`
`And you will
`You will pay off
`the balance shown end up paying an
`on the statement
`estimated total
`of,
`in about:
`4 years
`
`S1770
`
`For information regarding credit rounseling services.
`call 1-800-284-1706
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`Details of your transact10ns
`TRANS DATE
`TRANSACTION DESCRIPTION/LOCATION
`
`10/10/2021
`
`PAYMENT - THANK YOU
`
`Fees
`
`Total fees charged for this period
`
`Interest charged
`Interest charge on purchases
`Total interest for this period
`
`2021 totals year to date
`Total fees charged in 2021
`Total intemst charged in 2021
`
`$31500
`$27086
`
`AMOUNT
`
`-10000
`
`$0.00
`
`$27.09
`$27.09
`
`________________________________ NOTICE Soo rav,,rsasidafor imponnm i~formntio~ _______________________________________ _
`Plemte tear at perforation above
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`EXPRESS CREDIT CARD
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`□ Yes, I have moved or updated my
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`e-mail address - see reverse
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`·h1 11 •111ll11·l·•11•11111•111•1•111111l·ll1•11l··1•11l11 ••1lll11
`
`REBECCA Z CORONA
`PO BOX421
`PESCADERO CA 94060-0421
`
`Account
`number
`New balance
`$1,143.94
`993
`Mailed payments must reach us by 6pm ET
`on 11/18/2021.
`
`Minimum payment
`$55.00
`
`I
`
`Amount
`enclosed:
`
`$~~-~
`
`Please make check payable tff
`COMENITY - EXPRESS
`
`Please return this portion along with your payment tff
`PO BOX 650972
`DALLAS TX 75265-0972
`
`11h••11l11lll11l111111111111111lh1•lll••ll11l11•11l1l11l1•h•II
`
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`Supporting Documentation· Ii avad
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`It
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`New Information
`
`First Nam~ __________________ Ml
`
`Last Ncn>1e ____________________ _
`
`Soc Sec No _______ _
`
`Street Address ________________________________ _
`
`Apt. No ________ _
`
`RR __________ PO Box
`
`City __________ _
`
`State _ _ _ _
`
`Zip Code
`
`Foreign Map Code ___ _
`
`Horne Phone ______________ Work Phone ______________ _
`
`Email Add re s s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`

`

`PAGE30F4
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`Interest charge calculatIon
`Your Annual Percentage Rate (APR) is the annual interest rate on your acrount See BALANCE COMPUTATION METHOD
`on page 2 for mom details Minimum interest charge may exceed interest charge below. per your cmdit card agmement
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`TO INTEREST RATE
`CHARGE
`44 68 (DA)
`Purchases prior to 04/18/2018
`095
`1.140 35 (DA)
`Purchases
`2614
`
`APR
`24 9900"/c (v)
`26 9900% (v)
`
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