On November 01, 2023 a
Motion to Compel Arbitration and Stay Procedding
was filed
involving a dispute between
Cavalry Spv I, Llc,
and
Does 1 Through 10 Inclusive,
Samonte, Miguel L,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
F l LE D
SUPERIOR COURT 0F CALIFORNIA
COUNTY 0F SAN BERNARDINO
Miguel Louis Samonte DEC 2 O 2023
3277 E Wild Horse Privado Unit 13
Ontario, California 91762
miguelsamonte@icloud.com 3Y1
'
Nara
raw
Fronte'ay Depuw
Defendant is self-represented
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO LIMITED -
CAVALRY SPV 1, LLC, AS ASSIGNEE OF Case N0. CIVSB2326890
CITIBANK, N.A.
Plamtlff»
MOTION T0 COMPEL ARBITRATION
VS_ AND STAY PROCEEDINGS
10
MIGUEL LOUIS SAMONTE, QANUM'Cj Qt! '90?”
ll
12 Defendant S ‘59
13 1. Defendant hereby moves this court t0 compel arbitration and stay
14
proceedings in this case.
15
2. A contract referenced in the complaint filed with the court contains a
16
binding arbitration provision mandating that any and all disputes be
17
18 resolved in arbitration.
19 3. A copy 0f the arbitration agreement is attached t0 this motion.
20
4. This motion is brought pursuant to CCP Part 3, Title 9, Chapter 2, Section
21
1281, 1281.1 and 1281.2.
22
5. The Defendant, demands arbitration in a manner consistent with the
23
24 arbitration agreement.
25 DATED the 19th of December, 2023 by MIGUEL LOUIS SAMONTE
26
27
28
DEFENDANU/[iguelLU
uis monte
k
MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS- 1
“Card Agreement GUide
This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each
section. This is not intended to be a complete summary Card Agreement’s contents, and
of the we encourage you to read your
entire Card Agreement, including the arbitration provision, before you use yourAccount.
DEFINITIONS CREDlT REPORTING
Lists the meanings of particular phrases and terms Describes what information we provide about you to
used in the Card Agreement. credit reporting agencies, and how to dispute items
on your report. This section also explains how we use
information we get about you from those agencies.
YOUR ACCOUNT
Describes some of your responsibilities for using
your Account. ACCOUNT lNFORMATION, INFORMATION SHARING
AND COMMUNICATIONS
Explains that your personal information we use to
ANNUAL PERCENTAGE RATES & manage yourAccount should always be up to date.
INTEREST CHARGES Also notes that we share information about you and your
LLEIEEIJ.
Account. In addition, this section describes how we may
Shows how we calculate interest rates and how that
contact you.
affects yourAccount balance.
TRANSACTIONS
FEES & FOREIGN CURRENCY CONVERSION
Provides important information about merchant credits,
Describes the fees that can be applied to yourAccount,
recurring Transactions and card refusals.
including late fees, returned payment fees, as well
as foreign transaction fees for Purchases not in
U.S. dollars.
ARBITRATION
Explains that you cannot go to court, have a jury trial
or initiate or participate in a class action if you have
PAYMENTS a dispute with us. Instead, this provision tells you
Shows how your monthly Minimum Payment Due is that the dispute must be resolved by a professional
calculated, tells you how we apply your payments to arbitrator, not a judge orjury. This section also
balances, and gives you certain instructions for making explains how arbitration works and some of the
payments (and tells you the possible consequences of differences between resolving a dispute in arbitration
not following those instructions).
and resolving one in court.
AUTHORIZED USERS AGREEMENT & BENEFiT CHANGES
Describes an Authorized User’s rights and your Explains that we can make changes to the Card
responsibility for that user. Also describes what Agreement and your card benefits and features.
information we can share about you and your
Authorized User.
MISCELLANEOUS
Explains subjects that aren‘t included in previous sections.
DEFAULT, CLOSING OR SUSPENDING
YOUR ACCOUNT
Tellsyou when we may require immediate payment of YOUR BILLING RIGHTS
your total Account balance, and explains when we may Explains your billing rights, which include how to
close or suspend yourAccount, and when you may address possible statement mistakes and your rights
close your Account. if you’re not satisfied with a Purchase.
Document Filed Date
December 20, 2023
Case Filing Date
November 01, 2023
Category
Rule 3.740 Collections $10,000 or Less Limited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
F l LE D SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SAN BERNARDINO Miguel Louis Samonte DEC 2 O 2023 3277 E Wild Horse Privado Unit 13 Ontario, California 91762 miguelsamonte@icloud.com 3Y1 ' Nara raw Fronte'ay Depuw Defendant is self-represented SUPERIOR COURT OF THE STATE 0F CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO LIMITED - CAVALRY SPV 1, LLC, AS ASSIGNEE OF Case N0. CIVSB2326890 CITIBANK, N.A. Plamtlff» MOTION T0 COMPEL ARBITRATION VS_ AND STAY PROCEEDINGS 10 MIGUEL LOUIS SAMONTE, QANUM'Cj Qt! '90?” ll 12 Defendant S ‘59 13 1. Defendant hereby moves this court t0 compel arbitration and stay 14 proceedings in this case. 15 2. A contract referenced in the complaint filed with the court contains a 16 binding arbitration provision mandating that any and all disputes be 17 18 resolved in arbitration. 19 3. A copy 0f the arbitration agreement is attached t0 this motion. 20 4. This motion is brought pursuant to CCP Part 3, Title 9, Chapter 2, Section 21 1281, 1281.1 and 1281.2. 22 5. The Defendant, demands arbitration in a manner consistent with the 23 24 arbitration agreement. 25 DATED the 19th of December, 2023 by MIGUEL LOUIS SAMONTE 26 27 28 DEFENDANU/[iguelLU uis monte k MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS- 1 “Card Agreement GUide This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not intended to be a complete summary Card Agreement’s contents, and of the we encourage you to read your entire Card Agreement, including the arbitration provision, before you use yourAccount. DEFINITIONS CREDlT REPORTING Lists the meanings of particular phrases and terms Describes what information we provide about you to used in the Card Agreement. credit reporting agencies, and how to dispute items on your report. This section also explains how we use information we get about you from those agencies. YOUR ACCOUNT Describes some of your responsibilities for using your Account. ACCOUNT lNFORMATION, INFORMATION SHARING AND COMMUNICATIONS Explains that your personal information we use to ANNUAL PERCENTAGE RATES & manage yourAccount should always be up to date. INTEREST CHARGES Also notes that we share information about you and your LLEIEEIJ. Account. In addition, this section describes how we may Shows how we calculate interest rates and how that contact you. affects yourAccount balance. TRANSACTIONS FEES & FOREIGN CURRENCY CONVERSION Provides important information about merchant credits, Describes the fees that can be applied to yourAccount, recurring Transactions and card refusals. including late fees, returned payment fees, as well as foreign transaction fees for Purchases not in U.S. dollars. ARBITRATION Explains that you cannot go to court, have a jury trial or initiate or participate in a class action if you have PAYMENTS a dispute with us. Instead, this provision tells you Shows how your monthly Minimum Payment Due is that the dispute must be resolved by a professional calculated, tells you how we apply your payments to arbitrator, not a judge orjury. This section also balances, and gives you certain instructions for making explains how arbitration works and some of the payments (and tells you the possible consequences of differences between resolving a dispute in arbitration not following those instructions). and resolving one in court. AUTHORIZED USERS AGREEMENT & BENEFiT CHANGES Describes an Authorized User’s rights and your Explains that we can make changes to the Card responsibility for that user. Also describes what Agreement and your card benefits and features. information we can share about you and your Authorized User. MISCELLANEOUS Explains subjects that aren‘t included in previous sections. DEFAULT, CLOSING OR SUSPENDING YOUR ACCOUNT Tellsyou when we may require immediate payment of YOUR BILLING RIGHTS your total Account balance, and explains when we may Explains your billing rights, which include how to close or suspend yourAccount, and when you may address possible statement mistakes and your rights close your Account. if you’re not satisfied with a Purchase.