CAVALRY SPV I, LLC vs ALEXANDRIA C SMITH

3. Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they have damaged Plaintiff, but is unaware of their capacity or conduct as described in this Complaint. Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will seek leave to amend the Complaint when Plaintiff has knowledge of facts indicating the true nature of their capacity and conduct in the events described in this Complaint.

4. At all times mentioned in this Complaint, each Defendant was the agent, servant, and/or employee of each of the remaining Defendants and was, in doing the things complained of, within the scope of his, her, or its agency and employment, and acting with full knowledge or subsequent ratification of his, her, or its principals or employees.

5. This Judicial District is the proper venue for this action. (California Code of Civil Procedure section 395.) Defendants, and each of them, reside in this Judicial District. The obligation sued upon is not subject to the provisions of California Civil Code section 2984 .4, nor California Civil Code section 1812 .10.

6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, as defined in California Civil Code section 1788 .50, subdivision (a)(1). The nature of the underlying debt and transaction which forms the basis for this Complaint stems from the issuance of credit on an account Defendant(s) held with Synchrony Bank fka GE Capital Retail Bank account number ending in (hereinafter referred to as the "Account"), and Defendant(s)' failure to pay the balance due on the Account, resulting in a default on the Account by Defendant(s).

7. Plaintiff purchased the Account from Synchrony Bank fka GE Capital Retail Bank on 05/13/ 2023 . Plaintiff is the sole owner of the Account which forms the basis for this Complaint. The California Department of Financial Protection and Innovation (DFPI) license number for CAVALRY SPV I, LLC is -99.

8. As of 05/13/ 2022 , the date the Account was charged off by Synchrony Bank fka GE Capital Retail Bank, the balance on the Account was $1,648.50. Subsequent to charge-off there were adjustments and/or credits applied to the Account, leaving a balance of $1,608.50.

9. The last payment on the Account was 10/25/ .

10. At the time the Account was charged-off, the name and address of the charge-off creditor and the charge-off creditor's account number associated with the Account was: Synchrony Bank fka GE Capital Retail Bank PO BOX ORLANDO, FL - 0061 , account number ending in .

11. The name and last known address of the Defendant(s) as they appeared in Synchrony Bank fka GE Capital Retail Bank's records prior to the sale of the Account was ALEXANDRIA C SMITH, .

12. The names and addresses of all persons or entities that purchased the Account after charge-off, including the Plaintiff are as follows: CAVARLY SPV I, LLC, . (True and correct copies of the chain of title reflecting the purchasers of the Account up through and including Plaintiff are attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 1.) All rights, title, and interest in the Account, which is the subject of the lawsuit were assigned to Plaintiff.

13. Plaintiff has complied with California Civil Code section 1788 .52.

14. A true and correct copy of the contract or other document evidencing the Defendant's agreement to the debt as described in subdivision (b) of section 1788 .52 of the California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2.

15. Pursuant to Civil Code Sections 2983 .4 and 1717 , Plaintiff is entitled to recover reasonable attorney's fees and costs incurred, or to be incurred, in this action based on the contract, in an amount to be determined by the Court.

(Breach of Contract)

16. Plaintiff alleges each and every allegation contained in the Background Allegations and incorporates them by this reference as though set forth in full.

17. On or about 05/12/ 2021 , Synchrony Bank fka GE Capital Retail Bank issued a Consumer Credit Card Account to Defendant.

18. Under the terms of the Account and agreement between Synchrony Bank fka GE