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FILED: JEFFERSON COUNTY CLERK 08/05/2024 09:18 PM INDEX NO. EF2024-00003469NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 CONSUMER CREDIT TRANSACTION Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index № COUNTY OF JEFFERSON X Cavalry SPV I, LLC SUMMONS Plaintiff, Plaintiff's Address: -against- 1 American Lane, Suite 220 Greenwich CT 06831 LEON WORTHINGTON Defendant(s). The Basis of Venue is: CPLR SEC. 503(f). Defendants residence is in the County of JEFFERSON. X Defendant(s) Address: DEF1- 13194 COUNTY ROUTE 90, MANNSVILLE NY 13661-3152 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. Dated: July 12, 2024 Matter # 517428 ____________________________ . ¡ Stephen Einstein ¡ Scott Morris Anthony S. Poulin ¡ Dianne Ramdeen ¡ Sharil Clarke ¡ Richa Bhandari ¡ ¡ ¡ ¡ Tromberg, Morris & Partners, PLLC Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 *SM0000517428* S_S_SUP-SUM 1 of 16FILED: JEFFERSON COUNTY CLERK 08/05/2024 09:18 PM INDEX NO. EF2024-00003469NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX №: COUNTY OF JEFFERSON Cavalry SPV I, LLC Plaintiff, -against- COMPLAINT LEON WORTHINGTON Defendant(s). Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is an active foreign entity conducting business in the state of CT. 2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which this action is brought, or the Defendant(s) transacted business within the venue in which this action is brought, either in person or through an agent, and the instant cause of action arose out of said transaction. 3. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein has not expired. AS AND FOR A FIRST CAUSE OF ACTION 4. Upon information and belief the Defendant(s) hereto entered into a Revolving Credit Account Agreement (hereinafter "Account") with Comenity Bank (hereinafter "Original Creditor"), the Original Creditor as defined by CPLR §105(q-1), bearing an account number on the most recent statement ending in #XXXXXXXXXXXX5798, as so evidenced in the statement attached hereto, wherein Defendant(s) agreed to pay Original Creditor all amounts charged to said Account. 5. Upon information and belief, Defendant(s) incurred charges by use of the said Account and defaulted. As a result of the Defendant’s default the Original Creditor closed the Account and subsequently charged it off on 07/31/2023 in the amount of $6,167.56. Pursuant to CPLR §3016(j) a copy of the Charge-Off Statement is attached hereto. 6. Subsequently, the Original Creditor sold/ assigned the Account, including all rights, title and interest in and to the outstanding balance owed by Defendant(s). Plaintiff, purchased and/or took by assignment the account herein on or about 09/29/2023. The complete chain of sale and assignment and dates sold and/or assigned are as follows: Assignor Date of Transfer Amt. at Time of Transfer Transfer 1: Comenity Bank 9/29/2023 $6,167.56 7. Upon information and belief the date of last payment on this account was 11/08/2022 in the amount of $1,000.00. S_S_COM-RTL 2 of 16FILED: JEFFERSON COUNTY CLERK 08/05/2024 09:18 PM INDEX NO. EF2024-00003469NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 8. At this time, Defendant(s) owes $6,167.56 on the Account. This amount includes a charge-off balance of $6,167.56, post-charge-off interest of $0.00, non-interest charges or fees accrued since charge- off of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00; and that amount has not been paid despite due demand. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $6,167.56, plus costs and disbursem*nts. CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Partners, PLLC Deponent certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable under the circ*mstances, the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this ' Title. Affirmed this 12th day of July, 2024. . . ... . . ____________________________ Matter # 517428 ¡ Stephen Einstein ¡ Scott Morris Anthony S. Poulin ¡ Dianne Ramdeen ¡ Sharil Clarke ¡ Richa Bhandari ¡ ¡ ¡ ¡ S_S_COM-RTL 3 of 16FILED: JEFFERSON COUNTY CLERK 08/05/2024 09:18 PM INDEX NO. EF2024-00003469NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 Tromberg, Morris & Partners, PLLC EXHIBIT “A” (CHARGE-OFF/ LAST STATEMENT) Matter #: 517428 S_EXH-COSM 4 of 16 INDEXFILED: JEFFERSON COUNTY CLERK 08/05/2024 NO. EF2024-00003469 09:18 PMNYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 PAGE1 OF4 Summaryof account activity Payment information Account no. ****-****-****-5798 Newbalance $0.00 Minimum payment due $0.00 Previous balance +$6,167.56 Payment due date 08/03/2023 ----------------------- Payments -0.00 Other credits -6,167.56 MinimumPayment Warning: If you make only the minimum Paymentfor each period, you will pay more in interest and it will Purchases +0.00 Other debits take you longer to pay off your balance. For example: +0.00 Cash advance +0.00 If you makeno additional You will pay off And you will charges using this card the balance shown end up paying an Balance transfer +0.00 and each month you pay: on the statement estimated total Fees charged +0.00 in about: of: Interest charged +0.00 Only the minimum payment 11 years $6,168 Newbalance +$0.00 For information regarding credit counseling services, Past due amount $0.00 call 1-800-284-1706. Credit limit $6,000.00 Available credit $0.00 Cash credit limit $0.00 Available cash $0.00 Statement closing date 07/31/2023 Days in billing cycle 28 Details of your transactions TRANSDATE TRANSACTION DESCRIPTION/LOCATION AMOUNT 07/31/2023 CHARGE OFFACCOUNT-PRINCIPALS -4,834.09 07/31/2023 CHARGE OFFACCOUNT*FINANCE CHARGES* -1,333.47 Interest charged Interest Charge on Purchases $0.00 Interest Charge on Cash Advances $0.00 2023 totals year to date Total fees charged in 2023 $273.00 Total interest charged in 2023 $949.47 Interest charge calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCECOMPUTATION METHOD on page 2 for more details. Minimum interest charge mayexceed interest charge below, per your credit card agreement. TYPEOF BALANCESUBJECT INTEREST BALANCE APR TOINTERESTRATE CHARGE Purchases 29.99% (v) 0.00 (DA) 0.00 Cash Advances 29.99% (v) 0.00 (DA) 0.00 Additional important messages As a result payment status, your account has been temporarily suspended. Your account of your delinquent will be evaluated for reinstatement as you continue to make consistent, on-time payments. Find out how to shop safely online at onguardonline.gov (CONTINUED) NOTICE: See reverse side for important information. Please tear at perforation above Account ****-****-****-5798 number L- Newbalance - Minimum payment $0.00 DONOTPAY PINE ¡ Yes, I have movedor updated e-mail address - see reverse. my Amount enclosed: Mailed payments must reach us by 6 pmETon 08/03/2023. $ Please makecheck payable to: COMENITY- LEGENDARY PINE MC LEONWORTHINGTON Please return this portion along with your payment to: P.O. Box 650026 POBOX155 MANNSVILLENY 13661-0155 Dallas TX 75265-0026 5 of 16 INDEXFILED: JEFFERSON COUNTY CLERK 08/05/2024 NO. EF2024-00003469 09:18 PMNYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 eep this portion for your records--------------------------------------------------------i5 x*NÒ ÏÑ-TËTË5d. xour due dateis alleast 5 ays after e ciose oi-each billing cycle. Wewill not charge you interest on purchases if you pay your What To Do If You Think YouFind A Mistake On Your Statement entire balance by the due date each month. Wewill begin charging interestM If you think there is an error on your statement, write to us at: Comenity Bank, POBox 182782, Columbus, OH43218-2782. In your letter, give us the following information: Account information: Your nameand account number. on balance transfers and cash advances on the transaction date. Wewill begin to charge interest on newpurchases madeunder a LowAPR, Equal Payment or Budget Payment Credit Plan from the date of purchase. . Dollar amount· The dollar amount of the suspected error. BALANCECOMPUTATION METHOD.Wecalculate interest separately for Description of Problem: If you think there is an error on your bill, each balance using the method(s) described below. The two letters in describe what you believe is wrong and whyyou believe it is a parentheses next to the Balance Subject to Interest Rate column in the mistake. Interest Charge Calculation section on this statement corresponds to the You must contact us within 60 days after the error appeared on your following: statement. You must notify us of any potential errors in writing. You maycall us, but if you do we are not required to investigate any potential errors and (DA) Wefigure the interest charge on this balance by applying the periodic you mayhave to pay the amount in question. rate to the "daily balance" for each day in the billing period. To get the "daily While we investigate whether or not there has been an error, the following balance" we take the beginning balance each day, add any newtransactions are true: and fees and subtract any payments or credits (treating any net credit . Wecannot try to collect the amount in question, or report you as balance as a zero balance). This gives us the daily balance. delinquent on that amount. . The charge in question mayremain on your statement, and we may CUSTOMER SERVICE. Visit COMENITY.NET/LEGENDARYPINE or call continue to charge you interest on that amount. But, if we determine 1-866-587-8850 (TDD/TTY 1-800-695-1788). Send all inquiries to: that wemadea mistake, you will not have to pay the amount in CUSTOMER SERVICE, PO Box 182273, Columbus, OH43218-2273. question or any interest or other fees related to that amount. . While you do not have to pay the amount in question, you are TELEPHONE MONITORING. To provide you with high-quality service, phone responsible for the remainder of your balance. communication with us is monitored and/or recorded. . Wecan apply any unpaid amount against your credit limit. ADDITIONAL INFORMATION. Abbreviations on your statement meanthe following: (v) means variable rate (this rate mayvary); WVINT PAYRQ Your Rights If YouAre Dissatisfied With Your Credit Card Purchases means WAlVEINTEREST, PAYMENT REQUIRED; WVINT EQPY means If you are dissatisfied with the goods or services that you have purchased WAlVEINTEREST, EQUALPAYMENT; WVINT LOWPMTmeans WAIVE with your credit card, and you have tried in good faith to correct the problem INTEREST, LOW PAYMENT; DF INT PY RQ means DEFERINTEREST, with the merchant, you mayhave the right not to pay the remaining amount PAYMENT REQUIRED; DEFINT EQPY means DEFERINTEREST, EQUAL due on the purchase. PAYMENT;DF INT LOWPMTmeans DEFERINTEREST, LOWPAYMENT and LOW APREQPAYmeans LOWAPR, EQUALPAYMENT.You maypay To use this right, all of the following must be true: all of your Account balance at any time without penalty. 1. The purchase must have been madein your homestate or within 100 NOTICEABOUT ELECTRONIC CHECK CONVERSION. Whenyou provide miles of your current mailing address, and the purchase price must have a check as payment, you authorize us either to use information from your been more than $50. (Note: Neither of these is necessary if your purchase check to makea one-time electronic fund transfer from your account or to was based on an advertisem*nt we mailed to you, or if weownthe company process the payment as a check transaction. that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made PAYMENTS. Payments in U.S. dollars received by the applicable due date with cash advances from an ATMor with a check that accesses your credit and cutoff time will be credited as of the date received. Mailed or ovemighted card account do not qualify. payments must also meet the requirements below. Otherwise, a payment 3. You must not yet have fully paid for the purchase. maynot be credited for up to five days or maybe rejected. This card is issued by Comenity Bank pursuant to a license from Mastercard Intemational If all of the criteria above are met and you are still dissatisfied with the Incorporated. Mastercard is a registered trademark of Mastercard purchase, contact us in writing at: Comenity Bank, POBox 182782, Intemational Incorporated. Columbus, OH43218-2782. Mailing or Overnight (cutoff time 6:00 p.m. Eastern Time (ET)): . Send a personal check, moneyorder, traveler's check or cashier's While we investigate, the samerules apply to the disputed amount as check to the nameand address on the payment stub (regular mail) or discussed above. After we finish our investigation, we will tell you our 3000 Kellway Drive, Suite 120, Carrollton, TX 75006 (ovemight). decision. At that point, if we think you owean amount and you do not pay we . Include your payment stub, use the retum envelope provided with your mayreport you as delinquent. statement, write your account number on the check and send one payment with one payment stub. CREDITREPORTING. Wemayreport information about your account to . Do not staple or clip your payment to the stub, send any credit bureaus. Late payments, missed payments, or other defaults on your correspondence with your payment or send cash or gift certificates. account maybe reflected in your credit report. Pay By Phone (cutoff time 5:00 p.m. ET): Call us toll free at 1-866-587-8850(TDD/TTY 1-800-695-1788). NOTICEOFCREDITREPORTDISPUTES Online (cutoff time 5:00 p.m. ET): Visit If you believe information we reported to a consumer reporting agency is COMENITY.NET/LEGENDARYPINE. inaccurate, notify us at Comenity Bank, POBox 182789, Columbus, OH 43218-2789. Please provide: . Your nameand account number . Your address and telephone number . What information you dispute and whyyou believe it is inaccurate . If available, a copy of the section of the credit report showing the information you are disputing Send all bankruptcy notices and related correspondence to Comenity Bank, Bankruptcy Department, PO Box 182125, Columbus, OH 43218-2125. PAYMENTS MARKED "PAID IN FULL". AII written communications regarding disputed amounts that include any check or other payment instrument marked with "payment in full" or similar language, must be sent to: 3000 Kellway Drive, Suite 120, Carrollton, TX 75006. DONOTUSETHEENCLOSED REMITTANCE ENVELOPE. - Wemayaccept payment sent to any other address without losing any of our rights. Newinformation Title (optional) _____ First Name MI Last Name Soc. Sec. No Street Address Apt. No. RR POBox City State __ Zip Code Foreign MapCode HomePhone Work Phone Email Address 6 of 16 INDEXFILED: JEFFERSON COUNTY CLERK 08/05/2024 NO. EF2024-00003469 09:18 PMNYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 PAGE3 OF4 Additional important messages - continued IMMEDIATE ATTENTIONREQ UIRED! Your Account is extremely past due and will be written off as a bad debt SOON. To avoid this, you must pay the Minimum payment amount shown on this statement at least 4 days prior to the end of the month in which this statement closed. You can find the Statement closing date in the Summary of account activity on page 1 of this statement. If you are not able to pay the Minimum payment amount, we maystill be able to assist you. Call us immediately at 1-855-617-8089 (TDD/TTY 1-800-695-1788) to discuss your payment options. If written off, the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the appropriate steps, as permitted and available under applicable law, to protect our interests. ABOUTLATE FEECREDITS IMPORTANTINFORMATION Wemayoccasionally provide a credit for the amount, part or all, of a late fee charged to your account. If we do, we will charge a fee of up to $39.00 for any subsequent late payment. In addition, we may reverse the credit and repost the charge to your account if you fail to make the minimum payment due on or before the due date in the next billing period. 7 of 16 INDEXFILED: JEFFERSON COUNTY CLERK 08/05/2024 NO. EF2024-00003469 09:18 PMNYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 8 of 16FILED: JEFFERSON COUNTY CLERK 08/05/2024 09:18 PM INDEX NO. EF2024-00003469NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 Tromberg, Morris & Partners, PLLC EXHIBIT “B” (LAST USE OF CARD STATEMENT/ BALANCE) Matter #: 517428 S_EXH-LPAM 9 of 16 INDEXFILED: JEFFERSON COUNTY CLERK 08/05/2024 NO. EF2024-00003469 09:18 PMNYSCEF DOC. NO. 1 EARNPOINTS ON ALL MASTERCARD® RECEIVED NYSCEF: 08/05/2024 YOURLEGENDARY PINE PURCHASES! 3 2 1 POINTS FOR POINTS FOR POINT FOR EVERY$15PENT EVERY$1 SPENT EVERY$15PENT on all eligible Sporting on eligible Gas and everywhere else Goodstore purchases' Mastercard* is accepted' Grocery store purchases PleaseseereverseIordetails. PAGE1 OF4 Summaryof account activity Payment information Account no. ****-****-****-5798 Newbalance $4,945.09 Minimum payment due $160.00 Previous balance +$5,834.09 Payment due date 12/28/2022 Payments -1,000.00 Other credits Late payment warning: -0.00 If we do not receive your minimum payment by 12/28/2022 you Purchases +0.00 Other debits +0.00 nlay haye to pay up to a $39 00 late fee Cash advance +0.00 Minimum Payment Warning: If you make only the minimum Balance transfer +0.00 payment for each period, you will pay more in interest and it will Fees charged +0.00 take you longer to pay off your balance. For example: Interest charged +111.00 If you make no additional You will pay off And you will Newbalance +$4,945.09 charges using this card the balance shown end up paying an and each monthou par Past due amount $0.00 n a o t o Credit limit $6,000.00 Only the minimum payment 17 years $14,622 Available credit $0.00 $205 3 years $7,363 Cash credit limit $0.00 (Savings = $7,259) at m nt closing date 12/02/2022 706 Days in billing cycle 29 Account Questions? Need to make a payment? Want to know how to go paperless? Visit COMENITY.NET/LEGENDARYPINE or call 1-866-587-8850 (TDD/TTY 1-800-695-1788). Details of your transactions TRANSDATE TRANSACTION DESCRIPTION/LOCATION AMOUNT 11/07/2022 PAYMENT - THANK YOU -1,000.00 Interest charged Interest Charge on Purchases $111.00 Interest Charge on Cash Advances $0.00 Total Interest For This Period $111.00 2022 totals year to date Total fees charged in 2022 $312.00 Total interest charged in 2022 $1,467.82 YOURACCOUNT IS CURRENTLY CLOSED. Interest charge calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCECOMPUTATION METHOD on page 2 for more details. Minimum interest charge mayexceed interest charge below, per your credit card agreement. TYPEOF BALANCESUBJECT INTEREST BALANCE APR TOINTERESTRATE CHARGE Purchases 27.99% (v) 4,991.94 (DA) 111.00 Cash Advances 27.99% (v) 0.00 (DA) 0.00 NOTICE: See reverse side for important information. Please tear at perforation above Account ****-****-****-5798 number -TNMU Newbalance PINE - Minimum payment $4,945.09 $160.00 ¡ Yes, I have movedor updated e-mail address - see reverse. my Amount enclosed: Mailed payments must reach us by 6 pmETon 12/28/2022. Please makecheck payable to: COMENITY- LEGENDARY PINE MC LEONWORTHINGTON Please return this portion along with your payment to: P.O. Box 650026 POBOX155 MANNSVILLENY 13661-0155 Dallas TX 75265-0026 10 of 16FILED: JEFFERSON INDEX NO. EF2024-00003469 'Offer is exclusive to Legendary PineCOUNTY CLERK Mastercard® Credit 08/05/2024 Card holders 09:18 enrolled in the Legendary PMprogram. Pine Rewards For offersNYSCEF associated DOC. NO. with 1 a specific category, earnings will only be awarded if the merchant code for NYSCEF: RECEIVED the purchase 08/05/2024 matches a category eligible for the offer. Each merchant is assigned a code by a third party that indicates the merchants area of business. Comenity Bank does not have the ability to control assignment of merchant codes. This rewards program is provided by Comenity Bank and its terms maychange at any time. For full Rewards Terms and Conditions, please see comenity.net/legendarypine. Credit card offers are subject to credit approval. Mastercard® Credit Card Accounts are issued Legendary Pine by Comenity Bank pursuant to a license from Mastercard International Incorporated. Mastercard and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated. -\-eep t1 s portion^xir your records.-------------------------------------------------------PAxÏN ÏNdE0ÍE5f. xourdue daieis atleast 5 ays after irie close of-eacii billing cycle. Wewill not charge you interest on purchases if you pay your What To Do If You Think YouFind A Mistake On Your Statement entire balance by the due date each month. Wewill begin charging interest If you think there is an error on your statement, write to us at: Comenity Bank, on balance transfers and cash advances on the transaction date. Wewill POBox 182782, Columbus, OH43218-2782. begin to charge interest on newpurchases madeunder a LowAPR, Equal In your letter, give us the following information: Payment or Budget Payment Credit Plan from the date of purchase. Account information: Your nameand account number. . Dollar amount· The dollar amount of the suspected error. BALANCECOMPUTATION METHOD.Wecalculate interest separately for Description of Problem: If you think there is an error on your bill, each balance using the method(s) described below. The two letters in describe what you believe is wrong and whyyou believe it is a parentheses next to the Balance Subject to Interest Rate column in the mistake. Interest Charge Calculation section on this statement corresponds to the You must contact us within 60 days after the error appeared on your following: statement. You must notify us of any potential errors in writing. You maycall us, but if you do we are not required to investigate any potential errors and (DA) Wefigure the interest charge on this balance by applying the periodic you mayhave to pay the amount in question. rate to the "daily balance" for each day in the billing period. To get the "daily While we investigate whether or not there has been an error, the following balance" we take the beginning balance each day, add any newtransactions are true: and fees and subtract any payments or credits (treating any net credit . Wecannot try to collect the amount in question, or report you as balance as a zero balance). This gives us the daily balance. delinquent on that amount. . The charge in question mayremain on your statement, and we may CUSTOMER SERVICE. Visit COMENITY.NET/LEGENDARYPINE or call continue to charge you interest on that amount. But, if we determine 1-866-587-8850 (TDD/TTY 1-800-695-1788). Sendall inquiries to: that wemadea mistake, you will not have to pay the amount in CUSTOMER SERVICE, POBox 182273, Columbus, OH43218-2273. question or any interest or other fees related to that amount. . While you do not have to pay the amount in question, you are TELEPHONE MONITORING. To provide you with high-quality service, phone responsible for the remainder of your balance. communication with us is monitored and/or recorded. . Wecan apply any unpaid amount against your credit limit. ADDITIONAL INFORMATION. Abbreviations on your statement meanthe following: (v) means variable rate (this rate mayvary); WVINT PAYRQ Your Rights If YouAre Dissatisfied With Your Credit Card Purchases means WAIVEINTEREST, PAYMENT REQUIRED; WVINT EQPY means If you are dissatisfied with the goods or services that you have purchased WAIVEINTEREST, EQUALPAYMENT;WVINT LOWPMTmeans WAIVE with your credit card, and you have tried in good faith to correct the problem INTEREST, LOW PAYMENT; DF INT PY RQ means DEFERINTEREST, with the merchant, you mayhave the right not to pay the remaining amount PAYMENT REQUIRED; DEFINT EQPY means DEFERINTEREST, EQUAL due on the purchase. PAYMENT;DF INT LOWPMTmeans DEFERINTEREST, LOWPAYMENT and LOW APREQPAYmeans LOWAPR, EQUALPAYMENT.You maypay To use this right, all of the following must be true: all of your Account balance at any time without penalty. 1. The purchase must have been madein your homestate or within 100 NOTICEABOUT ELECTRONIC CHECK CONVERSION. Whenyou provide miles of your current mailing address, and the purchase price must have a check as payment, you authorize us either to use information from your been more than $50. (Note: N
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Case Number: 23STCV22563 Hearing Date: August 15, 2024 Dept: 73 8/15/2024 Dept. 73 Hon. Rolf Treu, Judge presiding AMERICAN EXPRESS NATIONAL BANK v. SARICICEK (23STCV22563) Counsel for Plaintiff: Lourdes Slinsky, Kambrie Keith (Modlin Slinsky, PA) Counsel for Defendant: Meltem Saricicek (Pro Per) PLAINTIFFS MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT (filed 6/6/2024) TENTATIVE RULING The Court GRANTS Plaintiffs Motion to Vacate Dismissal and Enter Judgment. I. BACKGROUND On September 19, 2023, Plaintiff American Express National Bank filed the instant action against Defendant Meltem Saricicek, aka Meltem M Saricicek, alleging causes of action for common counts. The Complaint alleges that Defendant is indebted to Plaintiff for money lent to Defendant at Defendants request. Plaintiff alleges damages in the amount of $70,444.66. On November 1, 2023, Plaintiff and Defendant entered into a Stipulation for Conditional Entry of Judgment (hereinafter Stipulation). Pursuant to the terms of the Stipulation, Defendant agreed to pay Plaintiff $53,520.00, inclusive of court costs, in monthly payments. On January 03, 2024, this Court dismissed this matter without prejudice pursuant to C.C.P. §664.6 as was agreed upon by the Parties in the Stipulation. The Court stated in its order that the Court retains jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure Section 664.6. On June 6, 2024, Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment. No opposition has been filed. II.ANALYSIS A. Legal Standard CCP section 664.6 provides that [i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc., § 664.6.) B. Discussion Plaintiff argues that Defendant failed to fulfill the obligations agreed to in the parties Stipulation. As a result, Plaintiff requests that the Court vacate the dismissal previously entered in this case pursuant to Code of Civil Procedure, section 664.6, and enter Judgment in the amount of $64,903.29 pursuant to the terms of the written Stipulation. In support of its motion, Plaintiff filed the Stipulation showing the agreed upon terms. The Stipulation provides for the Court to retain jurisdiction pursuant to CCP section 664.6 to enforce the agreement. (Keith Decl., Ex. A, ¶ 6.) Pursuant to the Stipulation, Plaintiff was to recover from Defendant the sum of $53,520. (Keith Decl., Ex. A, ¶ 1.) Defendant was to pay Plaintiff $2,230 on or before November 10, 2023 and $2,230 on or before the 10th day of each month until the sum of $53,520 is paid in full. (Ibid.) Further, pursuant to the Stipulation, in the event of default by the Defendant, Plaintiff is entitled to request entry of judgment against Defendant for the amount of principal plus court costs, less a credit for all payments received under the terms of the Stipulation. (Keith Decl., Ex. A, ¶ 6.) Plaintiff asserts that Defendant made payments totaling $6,690 and then stopped making payments required by the Stipulation. (Keith Decl. ¶ 3.) Notably, Defendant failed to file an opposition. As Defendant has defaulted, the Court finds Plaintiff is entitled to entry of judgment under the Stipulation. Based on the foregoing, the Court grants the Motion to vacate dismissal and enters judgment in the principal sum of $70,444.66 and costs of $1,148.63.00, less credits of $6,690.00, for a total of $64,903.29. III. CONCLUSION The Court GRANTS Plaintiffs Motion to Vacate Dismissal and Enter Judgment. Moving party to give notice.
Ruling
201700491367CUOR Sherwood Valley HOA vs New Mission
Aug 15, 2024 |Jeffrey G. Bennett |Motion to Amend Judgment to Add Additional Judgment Debtors on Alter Ego Theory Under Code of Civil Procedure Section 187 |201700491367CUOR
SUPERIOR COURT OF CALIFORNIA COUNTY OF VENTURA Tentative Ruling 201700491367CUOR: Sherwood Valley HOA vs New Mission 06/25/2024 in Department 21 Motion to Amend Judgment to Add Additional Judgment Debtors on Alter Ego Theory Under Code of Civil Procedure Section 187The morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Pleasearrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar iscalled.The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing byCourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must makearrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests forapproval of a CourtCall appearance made on the morning of the hearing will not be granted. Noexceptions will be made.With respect to the tentative ruling below, no notice of intent to appear is required. If you wish tosubmit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at805-289-8705, stating that you submit on the tentative. You may also email the Court at:Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu ofsending a fax or email. If you submit on the tentative without appearing and the opposing partyappears, the hearing will be conducted in your absence. If you are the moving party and do notcommunicate to the Court that you submit on the tentative or you do not appear at the hearing,the Court may deny your motion irrespective of the tentative.Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, theprevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed withthe court. A "notice of ruling" in lieu of this procedure is not authorized.Tentative RulingThe Court will CONTINUE the hearing on Plaintiff/Judgment Creditor Sherwood ValleyHomeowners Association’s motion to amend the judgment in this action to add Amy Levan andJapanese Apple Blossom LLC as additional judgment debtors to July 11, 2024, to be heard afterthird party Amy Levan’s motion to quash service of the motion.AnalysisOn June 11, 2024, Amy Levan filed opposition papers to the Association’s motion to amend thejudgment. On the same date, she filed a motion to quash service of the Association’s motion toamend the Judgment on Levan, on the ground that the Court lacks personal jurisdiction overLevan because the service of the Association’s motion on her was deficient. Levan’s motion toquash service is presently set for hearing on July 9, 2024. 201700491367CUOR: Sherwood Valley HOA vs New MissionBecause Levan’s motion to quash raises a fundamental question as to whether the Court haspersonal jurisdiction over Levan for the purposes of ruling on the Association’s motion to addher as an additional judgment debtor, the Court will rule on the motion to quash prior to rulingon the Association’s motion. (See, e.g., In re Marriage of Obrecht (2016) 245 Cal.App.4th 1,17 [noting “the California rule…that an objection to personal jurisdiction must be finallydetermined…before the defendant can litigate any defense on the merits.”].) Accordingly, theCourt cannot and should not hear the Association’s motion to add additional judgment debtorsprior to hearing Levan’s motion to quash.
Ruling
Bank of America, N.A. vs Danika Brunelli
Aug 15, 2024 |18CV01034
18CV01034BANK OF AMERICA N.A. v. BRUNELLI OPPOSITION TO CLAIM OF EXEMPTION (WAGE GARNISHMENT) Parties are to appear to confirm the amounts that are included in the parties’ papers.
Ruling
Bank of America, N.A. vs Danika Brunelli
Aug 14, 2024 |18CV01034
18CV01034BANK OF AMERICA N.A. v. BRUNELLI OPPOSITION TO CLAIM OF EXEMPTION (WAGE GARNISHMENT) Parties are to appear to confirm the amounts that are included in the parties’ papers.
Ruling
Captial One, N.A. vs. Ward
Aug 12, 2024 |23CVG-01215
CAPITAL ONE, N.A. VS. WARDCase Number: 23CVG-01215Tentative Ruling on Motion for Order that Matters in Request for Admission of Truth of Facts beAdmitted: Plaintiff Capital One, N.A. seeks an order deeming the truth of matters specified in Plaintiff’s Requestfor Admissions, Set One. Despite being timely served, Defendant Leah Ward did not file an Opposition.However, Defendant did appear at the originally noticed hearing and indicated that she had not had any contactwith Plaintiff since her former attorney was relieved. The Court notes that Requests for Admissions, Set Onewere served on through former counsel as Defendant was still represented at that time. The Court further notesthat Requests for Admissions, Set One was served on former counsel on January 16, 2024, and counsel was notrelieved until March 5, 2024, which is after former counsel should have served a response. There is no evidencethat Requests for Admissions, Set One was ever served on Defendant other than as an attachment to a motion.The Court ordered Plaintiff to provide a detailed description in writing of contacts Plaintiff had with Defendantwhile in pro per regarding the Requests for Admissions. Plaintiff was ordered to file this at least five days inadvance of today’s hearing. The minutes from July 29, 2024, which contain this Order, were mailed to Plaintiffon July 31, 2024. As a courtesy, they were also emailed to Plaintiff’s counsel on August 1, 2024. Plaintiff didnot file anything. Due to Plaintiff’s lack of response, the Court DENIES the motion without prejudice. ShouldPlaintiff wish to bring this motion in the future, Plaintiff is directed to serve Defendant with the Requests forAdmissions. Plaintiff provided a proposed Order that will be modified to reflect the Court’s ruling.
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