Declaration

Cal. Super. - 6th Dist.December 20, 2017

10 ll 12 l3 l4 15 l7 18 20 21 22 23 24 25 26 27 28 17CV320791 Santa Clara - Civil Electronically Filed by Superior Court of A, Matthew W. Quaélzglfiigw County of Santa Clar , Ranieet K- Bran 7 on 5/21/2018 12:00 A Alexa A. Chrisos, #308302 . _ Caroline M. Lutz, #274836 ReV'ewed BY- G- Reye 5 QUALL CARDOT, LLP Case #1 7CV320791 205 E. River Park Circle, Suite 110 Enve|ope: 1536262 Fresno, CA 93720 (888) 289-1231 Phone (559) 418-0330 Fax Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA CAVALRY SPV I, LLC, Case No. 17CV320791 Plaintiff DECLARATION 1N SUPPORT 0F ’ APPLICATION FOR ENTRY 0F DEFAULT JUDGMENT PURSUANT TO V' CODE 0F CIVIL PROCEDURE 1788.60(a) IMELDA ZUNIGA , an individual, and DOES 1 to 100, inclusive, Defendants. I, the undersigned, hereby declare as follows: 1. I am an employee of Cavalry Portfolio Services, LLC (hereinafter, "CPS"), which performs collection services for CAVALRY SPV I, LLC (hereinafter "P1aintiff‘), and am a qualified witness. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on Plaintiff‘s behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's Synchrony Bank fl(a GE Capital Retail Bank account, ending in 6588 (hereinafier, the "Account"). I have access to and have reviewed the records pertaining to the Account and am authorized to make this declaration on Plaintiff's behalf. 2. Plaintiff purchases portfolios of delinquent accounts from either the original DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT (CIVIL CODE f i l788.60(a)) l G. Reye 17 18 19 20 21 22 23 24 26 27 28 creditor or a subsequent purchaser 0f the account. As part of its operations, CPS, on behalf 0f Plaintiff, operates and maintains computer systems, into which CPS, on behalf of Plaintiff, integrates electronic records and information received from the seller. 3. I am familiar with the manner and method by which CPS, on behalf ofPlaintiff, creates and maintains its normal documents and records. The records are kept in the normal course ofbusiness. CPS, on behalf of Plaintiff, maintains computerized account records, including the account information that was provided to Plaintiffby Synchrony Bank fka GE Capital Retail Bank. The computerized account records includes the balance at the time of sale and the date 0f sale of the subject account. The records are kept in the ordinary course of business by representatives of CPS, on behalf of Plaintiff, who are charged with the duty to accurately record any business act, condition or event on the computer with enm'es made at or near the time 0f any such occurrence. 4. On or about 11/20/2016, Plaintiff became the successor in interest to this Account Plaintiff acquired and incorporated the attached account records into its business records, which are not modified or altered, as a result of Plaintiffs purchase of the Account. These records are kept in the regular course ofbusiness 0n behalf of Plaintiff, and along With the electronic‘records provided at purchase, are Plaintiff‘s business records for this Account. 5. Federal law required the original creditor to furnish Defendant with periodic statements. 6. The accuracy of such records is relied upon by Plaintifl‘ in purchasing and collecting this Account. These records are relied upon in Plaintist and CPS's regular course of business. 7. This Account was purchased on or after January 1, 2014. DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT (CIVIL CODE Li 1788.60(a)) 2 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 8. In accordance with California Civil Code section 1788.58(a)(3 -8), Plaintiff‘s records show the following relevant information concerning the Account. a. b. Plaintiff is the sole owner of the Account. The Account was opened on 07/02/2015 and charged off on 10/26/2016 with a balance of $1,238.05. Plaintiffs records show that the balance of $1,201 .05 remains due and owing as of 03/21/201 8. Plaintiff is not seeking to recover any post-charge off interest and/or fees that may have been imposed by the charge off creditor 0r subsequent purchasers of the debt and is seeking to recover only that portion of the charge off balance that remains due and owing as of 03/21/2018. The last payment posted to the Account on 03/22/201 6. The charge-off creditor name and address at the time of charge off: Synchrony Bank fl