Other — Fern Park

Public Notice of Intent to Sue Regarding Breach of Accord and Satisfaction Agreement
Date: April 6, 2026
To: Renaud Laplanche
Chief Executive Officer
Upgrade Inc.
275 Battery Street, Suite 2300 
San Francisco, CA 94111
Certified Mail Tracking Number: 9589 0710 5270 0369 0221 53
To: Gilles Gade
CEO and Chairman
Cross River Bank 
2115 Linwood Avenue 
Fort Lee, NJ 07024
Certified Mail Tracking Number: 9589 0710 5270 0369 0221 60
From: Devon de la Salle
1687 Forest Trail,
POB 9399
Mammoth Lakes, CA 93546
RE : Public Notice of Intent to Sue for Breach of Accord and Satisfaction Agreement; Account No. 353880083
Compliance department. This letter serves as a formal Notice of Intent to Sue regarding your breach of the accord and satisfaction agreement we entered into on November 13 th , 2025 concerning acct #353880083. On November 13 th , 2025, Upgrade, Inc. (UPGRADE) reached an agreement to settle a bona fide debt related to my account. The terms of the agreement stipulated that section 3.311 of the California Uniform Commercial Code applies when the claim is unliquidated (uncertain amount) or disputed in good faith by the debtor. This statute allows using a writing on a check (i.e., payment in full) as evidence of accord and satisfaction if certain conditions are met.
In good faith, I fulfilled my obligation under the agreement by administratively disputing the debt and notifying your office that such checks or drafts would be submitted for less than the original agreement. No answer or correspondence was received thereafter and, therefore, several checks/drafts were submitted under duress, all of which have been cashed by your offices.
Breach of Agreement: UPGRADE has failed to uphold its obligations under the accord and satisfaction agreement under the rules of the California Uniform Commercial Code by knowingly accepting each check/draft, with clear and conspicuous restrictive endorsement on the face of the checks/drafts, specifically:

check #141 in the amount of $156.66 dated November 12, 2025 (cashed on November 13, 2025) Payment in full satisfaction of claim;

check # 5009 in the amount of $156.00 dated December 12, 2025 (cashed on December 22, 2025) Payment, under duress; and

check # 5013 in the amount of $159.00 dated January 12 th , 2026 (cashed on January 20th, 2026) Payment, under duress.

check # 5022 in the amount of $156.66 dated March 1 st , 2026 (cashed on March _____, 2026) Payment, under duress
California Civil Code  1526 disallows using a notation on a check for less than the full amount as evidence of accord and satisfaction. However, this account is in regard to a dispute in good faith barring UPGRADE, and/or UPGRADEs Originating Bank: Cross River Bank, from suing for the remaining balance. Breach of the agreement has occurred by continuously reporting a balance to official credit reporting agencies, affecting debt-to-income ratios after the first acceptance and cashing of check # 5044. UPGRADEs opportunity to refund check # 141 lapsed on February 11 th , 2026 (90 day refund period per California statute). This breach has caused significant harm, including but not limited to financial losses and credit reporting hardships.
Demand for resolution. I demand that UPGRADE immediately remedy this breach by reporting to all credit reporting agencies that the account has been paid in full and by refunding every payment received and cashed after November 13 th of 2025. As of March 26 th , 2026 the refundable balance is $156.00 + $159.00+ $156.66 or $471.66. If I do not receive a satisfactory response within 30 business days from the date of this local publication, confirming that UPGRADE will take the necessary steps to fulfill its obligations under the accord and satisfaction agreement, I will be forced to pursue legal action to enforce the agreement and seek compensation for the damages I have incurred.
I am confident we can resolve this matter amicably. However, I am prepared to take all necessary legal steps to protect my rights. Please contact me at the address listed above to discuss this matter further.
Cordially,



Devon de la Salle
April 6th, 2026

April 24, 2026
#COL-611