Declaration

Cal. Super. - 6th Dist.December 6, 2018

10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 180V3391 31 Santa Clara - Civil Electronically Filed Shawn M. Olson, Esq. (SBN 245688) by Superior court of CA OLSON LAWFIRM County of Santa Clara, 7372.Pr1nce Drlve, Sulte 104 on 8/1 6/2019 7:52 AM Huntlngton Beach, CA 92647 Reviewed By_ D Harris Telephone: (714) 847-2500 Case #1 3cv3'391 31 Facsimile: (714) 847-2550 Envelope: 3271004 Attorney for Plaintiff MS SERVICES, LLC, a Wyoming LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN COURTHOUSE LIMITED JURISDICTION MS SERVICES, LLC, a Wyoming limited Case N0: 18CV339131 liability company Assigned for A11 Purposes t0: Judge: Hon. Peter H. Pierce Plaintiff, Dept: 2 V. RE: ACCRUED PREJUDGMENT INTEREST COSTS, AND ATTORNEY’S FEES STEPHEN KOVACS., an individual; and DOES 1 through 10, Inclusive, Defendants. ) ) ) ) ) ) DECLARATION OF SHAWN M. OLSON ) ) ) g Complaint filed: August 13, 2018 I, Shawn M. Olson, hereby declare: I am an attorney at law duly licensed t0 practice before all 0f the Courts 0f the State 0f California, including all U.S. District Courts in California, and am currently representing the plaintiffMS Services, LLC (hereafter “Plaintiff”) in the above entitled action. The facts stated in this Declaration are based upon my own personal knowledge and if called upon t0 testify, I could and would competently testify as t0 the facts stated herein. 1. On December 6, 201 8, Plaintiff filed its complaint against defendant STEPHEN KOVACS (“Defendant”) for Breach 0f Retail Installment Contract and Money Lent. A true and correct copy 0f the Retail Installment Contract was attached t0 Plaintiff’s complaint, and is also attached t0 the Declaration 0fDan Price as Exhibit “A.” DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATTORNEY’S FEES - 1 D Harris 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 2. The complaint alleges damages in the amount 0f $18,059.85, plus prejudgment interest (discussed below) from September 21, 2017, the date 0f Defendant’s breach. A. CALCULATON OF PREJUDGMENT INTEREST 3. Plaintiff’s complaint alleges that the contract interest rate is 6.99%. 4. The damages alleged in Plaintiff’s complaint are $18,059.85, and 6.99% 0f this amount is $1,262.38. The daily interest is then calculated by dividing $1,262.38 by 365 days, which amounts t0 $3.45 per day in daily interest. 5. From September 21, 2017 (the date 0f Defendant’s deficiency) t0 August 16, 2019, n0 payments were made towards this debt. During this time, 694 days passed and the accumulated interest is calculated at $3.45 per day X 694 days = $2,394.30. B. PROOF OF SERVICE COSTS 6. On February 6, 2019, my process server completed substituted service 0f the Summons and Complaint 0n Defendant. The fee for such service was $92.50. Attached hereto as Exhibit “1” is Proof 0f Service 0f Summons reflecting such fees. C. ATTORNEY’S FEES 7. The contract between the parties (See Exhibit A, p. 2, para. 3c) provides that Plaintiff may recover attorney’s fees. Local Rules 0f the Superior Court, County 0f Santa Clara, Rule 14 and Attachment CV-5021 provide the following, in pertinent part: Whenever the obligation sued upon provides for the recover 0f a reasonable attorney fee, the fee in each default case shall be fixed pursuant t0 this schedule. Where the principal amount 0f the judgment is: FROM TO REASONABLE ATTORNEY FEE $10,001 50,000 1,400.00 plus 3% 0f amount over 10,000. .. 8. The amount demanded in the complaint is $18,059.85. Attorney’s fees are calculated as follows: 3% 0f $8,059.85 (the excess over $10,000) = $241.80 plus $1,400 amounts t0 $1,641 .80 in attorney’s fees based 0n the principal judgment demanded in the complaint. DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATTORNEY’S FEES - 2 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed this 16th day 0f August, 2019 in Huntington Beach, California. By: /s/ Shawn M. Olson SHAWN M. OLSON DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATTORNEY’S FEES - 3 EXHIBIT CG 199 DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATTORNEY'S FEES - 4 1SCV339131 Santa Clara - Civil System System Electronically Filed Pom“, ATTORNEY 0R PARTY WITHOUTAWORNr-zymame same Ear number and address): ”y 3“ : Shawn Olson 245688 County of Santa Clara, Olson Law Firm on 2I2012019 8:55 AM 7372 Prince Drive Suite 104 Reviewed By: System System Huntington Beach. CA 92647 Case #13cv339131TELEPHONE m1. (71 4)847-2500 AWORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTI' OF Superior Court of California. Santa Clara County 191 N. First Street San Jose, CA 951 13-1090 Envelope: 2530616 PLAINTIFHPETITIONER: MS Services, LLC ease NUMBER: DEFENDANTIRESPONDENT: Stephen Kovacs 1 SCV3391 31 Raf. No. or Flte No; PROOF 0F SERVICE OF SUMMONS MS - Kovacs "" "A361. At the time of service l was a citizen of the United States, at ieast 18 years of age and not a party t_o this action. D I r 2‘ Isewed copies 0f; Complaint for Damages, Summons, Atternative Dispute Resolution Information Sheet 3. a. Pany served; Stephen Kovacs. an individual b. Person Served: James Wyman (Person in charge) ~ Person In Charge Of Office 4. Address where the party was served: 1940 Lafayette Street, Ste A Santa Ciara, CA 95050 5. [served the party b by substituted service On (date): 02/06/201 9 at (time): 2 29PM I left the documents listed in item zwim m En the presence 0f James Wyman (Person In charge)- Person In Charge Of Office (1) (business) a person at least 18 years of age apparently in charge a! the office or usual place of business of the person to be served. I informed him or her of the genera! nature of the papers. (4) A dectaration of mailing is aitached. (5) I attach a declaration of diligence stating actions taken first to attempt personai service. 6. The "Notice to the Person Served" (on the summons} was completed as tollows: a. as an individual defendant. T. Person who sewed papers a- Name: Thomas J. Bowman. Jr b' Address: One Lega} - 194-Marin 504 Redwood Blvd #223 Novato. CA 94947 c. Telephone number: 41 5‘491 '0606 d. The fee for sewice was: S 92.50 e. I am: (3) registered California process server. (i) Employee or independent contractor. (ii) Registration N0.: 25 (iii) County: SANTA CLARA a. | deciare under penalty of periury under the laws of the United States of America and the State of California that the foregoing is Irue and correct. Date: 02/08/201 9 Thomas J. Bowman. Jr \f (s NATURE;/ I(NAME OF PERSON WHO SERVED PAPERS) Form Adopiea for Mamalory Use Judicial Cuuncii of California POS-OTO [Rem Jan i. 2007] Co UICiviiProcsdure‘ § 417.11! PROOF OF SERVICE OF SUMMONS-“fl'f 0U? 1269871 8 DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATTORNEY'S FEES - 5 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Mama and Address): Shawn Olson, 245688 Olson Law Firm 7372 Prince Drive Huntington Beach, CA 92647 ATTORNEY FUR {Name}: Plaintiff TELEPHONE N0; FOR COURT USE ONLY (714)847-2500 Rel No. or F&e Na. MS - Kovacs Insen name 01 court. juficial disln'd «branch mud. ifsny: Santa Clara ~ First Street 191 N. First Street San Jose. CA 951 13-1 090 FLNNTEFF: MS Services, LLC DEFENDANT: Stephen Kovacs DECLARATION OF DILIGENCE CASE NUMBER: 13013391 31 I received the within process on m 7/201 9 and that after due and diiigent effort I have been unabie t0 personally serve said party. The following itemization of the dates and times of attempts detaiis the efforts required to effect personal service- Additiona! costs for diligence are recoverabie under CCP §1 033.5 (a)(4)(B). ~ mmv SERVED; Stephen Kovacs, an individual (1)8usiness: Kovax Landscaping 1940 Lafayette Street. Ste A, Santa Clara, CA 95050 BY FAX As enumerafed beiow: On 1/22/201 9 2:53:00 PM at address (1) above. No Answer Tried business, no response. On 1/24I201 9 1:00:00 PM at address (1) above. No Answer Tried business, no response. On 1125(201 9 10:1 3:00 AM at address (1) above. No Answer Tried business, no response. On 1/28/2019 4:54:00 PM at address (1) above. N0 Answer Tried busiriess, no response. On 1/29/201 9 2:26:00 PM at address (1) above. No Answer Tried business, n0 response. 0n 1i30/2019 4:07:00 PM at address (1) above. No Answer No response. On 2/4/2019 9:1 5:00 AM at address (1) above. No Answer Tried business, no reSponse. Registered California process server. County; SANTA CLARA Registration Na: 25 Thomas J. Bowman, Jr One Legal - 194-Marin 504 Redwood Blvd #223 DECLARATION 0F SHAWN M. OLSON RE: INTERES‘T, COfiéND ATTO ' SFEES - 6 I Liabidw unuel pend“)! U: peuwy uuueriile 1.:le 0i ri California that the foregoing is true and correct and that this deciaration was executed on 02081201 9 at Los Angeles, California. \~ ATTORNEY OR PARTY WITHOUT ATTORNEY {Name and Address}: TELEPHONE N0; FOR COURT USE ONLY Shawn Olson, 245688 (714)847-2500 Oison Law Firm 7372 Prince Drive Huntington Beach. QA 92647 Remaomum. ATTORNEY Foamame}: Plaintiff MS - KOVECS Insert name of court. judicia! distric! or branch noun. if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF: MS Services, LLC DEFENDANT: Stephen Kovacs CASE NUMBER: PROOF OF SERViCE BY MAIL - 18CV3391 31 l am a citizen of the United States, over ihe age of 18 and not a pany to the within action. My business address is 504 Redwood Blvd, Suite 223 Novato. CA 94947. On 02307;?2019, after substituted service under section COP 415-20(a) or 415.2003) 0r FRCP 4(e)(2){B) or FRCF’ 4(h)(1)(8) was made (if applicable). i mailed copies of the: Complaint for Damages, Summons, Alternative DiSpute Resolution information Sheet to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed enveIOpe, with First Ciass postage thereon fully prepaid, in the United States Mai! at Los Angeles . Caiifornia, addressed as foliows: Stephen Kovacs, an individual 1940 Lafayette Street, Ste A Santa Clara, CA 95050 | am readily famiiiar with the firm‘s practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, 0:1 that same day, with postage thereon fuily prepaid, in the ordinary course of business. l am aware that on motion of the party served. service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. i deu‘we unuer pendity Dl' perjury under LiIB‘mm Fee for Service: $ 92.50 of California that the foregoing is true and correct and that this declaration was executed on 02i08l201 9 at Los Angeies, California. One Legal - 194-Marin 504 Redwood Blvd #223 WNovato, CA 94947 Venus Boone DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATngNggé§7figES - 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am an employee in the County 0f Orange, State 0f California. I am over the age 0f 18 and not a party t0 the within action; my business address is 7372 Prince Drive, Suite 104, Huntington Beach, CA 92647. On August 16, 2019, I served the foregoing document(s) described, DECLARATION OF SHAWN M. OLSON RE: ACCRUED PREJUDGMENT INTEREST COSTS, AND ATTORNEY’S FEES, t0 the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Stephen Kovacs 1940 Lafayette Street, Ste A Santa Clara, CA 95050 Defendant in Pro Per XX (BY MAIL) The package was delivered with postage thereon fully prepaid. I am “readily” familiar with the firm’s practice 0f collection and processing correspondence for mailing. The package was deposited with U.S. Postal Service 0n that same day in the ordinary course 0f business. I am aware that 0n motion 0f a party served, service is presumed invalid if the postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing an affidavit. (BY PERSONAL SERVICE) I delivered such envelope by hand t0 the above listed parties. d- (OVERNIGHT COURIER) I caused such envelope t0 be deposited in the mail at Huntington Beach, California, United Postal Service. The envelope was mailed with postage thereon fully prepaid. I am “readily” familiar with the firm’s practice 0f collection and processing correspondence for mailing. The package was deposited with United Postal Service 0n that same day in the ordinary course 0f business. I am aware that 0n motion 0f a party served, service is presumed invalid if the postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing an affidavit. XX (STATE) I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. (FEDERAL) I declare that I am employed in the office 0f a member 0f the bar 0f this court at whose direction the service was made. August 16, 20 1 9 /s/ Michael Moore Date Michael Moore DECLARATION OF SHAWN M. OLSON RE: INTEREST, COSTS, AND ATTORNEY’S FEES - 8