Default EnteredCal. Super. - 6th Dist.May 21, 2019on 8/26/2019 12:00 AM Reviewed By: D Harris Envelope: 3307068 ClV-105 ATTORNEY 0R PARTY WITHOUTATTORNEwName,Statesarnumber, andaddress): Winn Law Group, A P.C. FORCOURTUSEONLY Brian N. Winn (SEN 86779) Laura M. Hoalst (SEN 101082) John E. Gordon (SEN 180053) Jason M. Burrows (SEN 309882) Amit Taneja {SBN 304559) Grace Gail Cara (SEN 315558) Adonia Tan (SEN 317432) 110 E Wilshire Ave Ste 212, Fullerton CA 92832 TELEPHONENO.;(714) 446-6686 FAXNO.(Opnona1); (714) 446-6680 EAMAJL ADDRESS (Optionan: Info@winnlawgroup . com FILE NO: 19-00690~O-JOG-MA (1910-00) ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CAUFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS; 191 NORTH FIRST STREET MAIUNGADDRESS; 191 NORTH FIRST STREET CITYANDZIPCODE: SAN JOSE, CA 95113-1001 BRANCH NAME: SAN JOSE DISTRICT, LIMITED PLAINTIFF/PETITIONER: CAVALRY SPV I, LLC DEFENDANT/RESPONDENT: BILLY BUARON, et al. REQUEST FOR(Application) fl Entry ofoefauit E Judgment CASE NUMBER: l9CV348388 Ear use only in actions under the Fair Debt §uying Fractices Act (Civ. Code, § 1788.50 et seq.) 1. On the complaint or cross-complaint med a. on (date): May 21, 2019 b. by (name): CAVALRY SPV I, LLC, as assignee of SYNCHRONY BANK FKA GE CAPITAL RETAIL BANK, c. Enterdefaultof defendant (names): BILLY BUARON d. | request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 agains! defendant (names): BILLY BUARON (Testimony may be required. Check with the clerk regarding whether a hearing date is needed) e. D Default was previously entered on (date): 2. Judgment to be entered. Amount Credits Acknowledged Balance a.Demand ofcompiaint ................ $ 3,689.32 $ 0.00 $ 3,689.32 b.Interest ......................... $ 0.00 $ 0.00 $ 0.09 c.Costs(seepage3} ............... $ 309.50 $ 0.00 $ 309.50 d.Attorneyfees .................... $ 0.00 $ 0.00 $ 0.00 e.TOTALS ......................... $ 3 998....82 $ 0 00 Sw“ (*Must be established by business records, authenticated through a sworn declaration, submitted with this application, (Civ. Code, §§ 1788. 58(a)(4), 1 788. 60(3).» 3. This action is not barred by the appficable statute of limitations (Civ. Code, § 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL ofthe foliowing (Civ. Code, §§ 1788.58, 1788.60): (1) That the plaintiff is a debt buyer; (2) A short, pta'm statement regarding the nature ofthe underlying debt and the consumer transaction from which i! is derived; (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an expianation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (5) The date of the default OR the date of the fast payment; (6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor. and the chargewoff creditofs account number associated with the debt Page 1 of 3 Form_Adopted for Mandatory Use RWNTRY 0F DEFAULT Code of Civil Procedure. § 585: Judicrai Councii ofCaEifomia (Fair Debt Buying Practices Act) Civil Code. § 1753.50 CIV-105 (Rev. January 1, 201B} www.courts.ca.gov FILED County of Santa Clara Superior Court of CA Clerk of The Court 19CV348388 By: MVu 8/26/2019 CIV-1 05 PLAINTIFF/PETITIONER: CAVALRY SPV i, LLC CASE NUMBER: 1QCV348388 DEFENDANT/RESPONDENT; BILLY BUARON, et a1 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt; (8) The names and addresses of aii persons or ensities that purchased the debt after charge~ofi, including the plaintiff debt buyer, in sufficient form so as to reasonamy identify each such purchaser; and (9) Thai the plaintiff has complied with Civil Code section 1788.52, b. A copy ofthe contract of other document described in Civil Code section ?788452(b) is attached to the complaint 5. Documentation requirements for defaultjudgment. AH of the foltowing documents are submitted with this request for default judgment (Civ. Code, § 1788.60(a)-(c)): a4 A copy of the contract or other document evidencing the debtor’s agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.52(b) regarding documentation, éncluding for revolving credit accounts. b. Business records, authenticated through a sworn deciaration. to establish: (1) That the plaintiff is EITHER the soie owner of the debt OR has the authority to assert the rights of all owners ofthe debt; (2) The debt balance at charge-off, and an explanation of the amount and nature of. and reason for, ail post-charge~off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers ofthe debt; (3) The Date of the default OR the date of the fast payment; (4) The name and address of the charge-ofi creditor at the time of charge~off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; (5) The name and East known address of the debtor as they appeared in the charge-off cred§tor's records prior to the sale of the debt; and (6) The names and addresses of all persons or entities that purchased the debt after chmge-off‘ including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser Date: August 21, 2019 [ } Brian N. Winn [ 1 Laura M. Hoalst V [ I John E. Gordon E ] Jason M. Burrowsfl Amit Taneja [ 1 Grace Gail Cara pAdonia Tan (TYPE OR “RM NAME) (SsGNATURE 0F DECLARANT) FOR COURT (1)m Default entered as requested on (date) USE ONLY (2)D Default NOT entered as requested (stare reason) Clerk, by ‘ 089W 6. Legal document assistant unlagul detainer assistant (Bus. & Prof. Code, § 6400 et seq). A legal document ass§stant or unlawfui detainer assistant did did not for compensation give advice or assistance with this form If deciarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant‘s name: c. Telephone no.: b. Street address‘ city, and zip code: d. County of registration: e. Registration no.: f, Expires on (date): 7. E Deciaration under Code Civ. Proc., § 585.5 (for entry of default under code Civ. Proc., §585(a)), This action a. D ts E is not on a contract or installmen: sale for goods or services subject to Civ. Code. § 1801 et $qu (Unruh Act). b. D is E is not on a conditional sales contract subject Io Civl Code, § 2981 et seq. (Rees-Levering Motor Vehicles Saies c. E] is a Is not on an obligation for good, services, loans, or extensions of credit subject to Code Civ. Proc., §395(b) CIv-ms [Rem January 1, 2018} REQUEST FOR ENTRY OF DEFAULT Pagezota (Fair Debt Buying Practices Act) x 8/26/2019 MVU CIV«105 PLAINTsFF/PETITIONER: CAVALRY SPV l, LLC CASE NUMBER 190V348388 DEFENDANTIRESPONDENT: BILLY BUARON. et al 8. Deciaration of mailing (Code Civ. Proc., § 587). A copy ofthis Request for Entry of Defaultwas a. a not mailed to the foilowing defendants, whose addresses are unknown to plaimiff or plaintiff‘s attorney (names): b. x mailed first‘ciass, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record 0r, if none‘ to each defendant‘s last known address as follows: (1) Mailed on (date): August 21, 2019 (2) To (specify names and addresses shown on the envelopes) BILLY BUARON 932 Ponderosa Ave Apt 42 Surmyvaée CA 94086 | deciare under penalty of perjury under the laws ofthe State of Caiifornia that the foregoing items 6, 7 and 8 are true and correct. August 21, 2019Date: _-,, [ ] Brian N, Winn i } Laura M. Heals: [ E John E. Gordon [ 1 Jason M‘ Burrows J? Ami: Taneja i ] Grace Gail Cara > ‘ l Adonia Tan (TYPE OR ”Rim NAME) (SIGNATURE 0F DECLARANT) 9. Declaration of nonmilitary status (required forajudgment). No defendant named in iiem c 0fthe application is in the military service as that term is defined by either Servicemembers Civii Relief Act. 50 U.S,C, App. § 391 1 (2), or California Military and Veterans Code Section 400(k)). 10. MEMORANDUM OF COSTS (Required ifmoneyjudgment requested), Costs and disbursements are as foliows (Code of Civ. Proc. § 1033.5): a. Clerk's filing fees ..................... $ 225 - 00 b4 Process server‘s fees .................. $ 84-50 c. Other (specify): ..................... $ d. .................................... $ e.TOTAL ......................... $ 309-59 f. D Costs and d‘rsbursements are waived. g. l am éhe attorney, agent‘ or party who claims these costs, To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessariiy incurred in this case. i declare under penalty of perjury under the laws ofthe State of Cafifornia that the foregoing items 9 and 10 are true and correct. Date: August 21, 203.9 { ] Brian N. Winn [ ] Laura M. Hoalst i ] John E. Gordon { } Jason M. Burrows V Ami: Taneja [ 3 Grace Gail Cara )] Adonia Tan (TYPE OR PRlNT NAME) (SIGNATURE OF DECLARANT) _./-“‘ cnv-ms (Rev. January 1, 201a} REQUEST FOR ENTRY 0F DEFAULT page a or 3 (Fair Debt Buying Practice Act)
