Declaration CCP 1033Cal. Super. - 6th Dist.May 29, 2019Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. ¹99804 Janalie Henriques, Esq. ¹111589 Anthony DiPiero ¹268246 151 Bernal Road Suite 8 Sau Jose CA 95119-1306 Telephone: (408) 362-2270 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA SUPERIOR COURT DISTRICT - UNLIMITED CIVIL 10 12 13 14 15 Capital One Bank (USA), N.A., Plaintiff, vs. YONG B WON, Defendant(s). Case No. 19CV348747 DECLARATION OF COUNSEL RE: 1. INTEREST 2. COSTS (CCP ll 1033) 3. ATTORNEY FEES 16 17 18 19 20 21 22 23 24 I, the undersigned declare 1. I am an attorney at law duly licensed to practice before all courts in the state of California and I am one of the attorneys of record for the Plaintiff in the above captioned matter, I am a duly authorized custodian of the business books and records of Hunt and Henriques, Plaintiff's counsel as they pertain to the captioned matter. 2. If called to testify as a wimess, I could and would competently testify as to all the facts stated in this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be true. INTEREST 25 26 27 28 3. Plaintiff did not request pre-judgment interest in its complaint. COSTS 4. Plaintiff cannot utilize Small Claims Court due to the volume of delinquent credit accounts that Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance. Page 1 Declaration Regarding Interest Costs and Attorney Fees DJ I i DJ DR ICAF NI I CSO 1330878.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/4/2019 12:05 PM Reviewed By: D Harris Case #19CV348747 Envelope: 3346244 19CV348747 Santa Clara - Civil D Harris In order to file actions in Small Claims Court, Plaintiffwould need to hire additional employees. Actions to recover the delinquent credit account balance are filed in the jurisdiction where the Defendant resides. Plaintiff s employees would need to travel throughout the state which would cause them to be out of the office on a regular basis and therefore unable to perform other job duties. CCP 5 116.540(b) states that a corporation may appear only through an employee who is employed for purposes other than solely representing the corporation in Small Claims Court. Therefore, proceeding in Small Claims Court is not practical. 8 5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiff's counsel 10 12 13 14 15 16 17 18 sent a letter to Defendant informing Defendant ofPlaintiff s intent to initiate legal action against Defendant and that legal action could result in a judgment against the Defendant which could include costs to the extent permitted by law. The letter sent to Defendant was a form letter. The only specific account informadon in the letter was the Defendant's name, address, redacted account number and account balance. A true and correct copy of this letter has been printed and is attached as Exhibit A. ATTORNEY FEES 6. Plaintiff, through its counsel, hereby waives attorney fees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 3, 2019 in San Jose, California. 19 20 21 22 /Anthony DiPiero ¹268246 Hunt dt Henriques Attorneys for Plaintiff 23 25 26 27 28 Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ I I DJ DR ICAF NI I CSO 1330878.001 MICHAEL S. HUNT JANALIE HENRIQUES HUNT & HENRIQUES ATTORNEYS AT LAW 151 BERNAL ROAD, SUITE 8 SAN JOSE, CA 95119-1306 May 7, 2019 TELEPHONE 800-680-2426 FACSIMILE 408-362-2299 TTY 800-735-2922 YONG B WON 10410 CALVERT DR CUPERTINO CA 95014-3840 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS CAPITAL ONE BANK (USA), N.A. Account number ending in: 1297 Balance due as of May 7, 2019: $32,647.50 Dear YONG B WON: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client CAPITAL ONE BANK (USA), N.A.. Legal action could result in a judgment against you that would include the costs and necessary disbursements which shall be limited to the actual cost of the filing fee and the actual costs of service of process. This firm is a debt collector. Very truly yours, Anthony DiPiero Hunt & Henriques Attorneys at Law Favor referirse al reverso para la traduccion en Espanol HUNT & HENRIQUES ATTORNEYS AT LAW 151 BERNAL ROAD, SUITE 6 SAN JOSE CA 95119-1306 RETURN SERVICE REQUESTED ni'Illh l»ihiill "Ihliil'» ~ ll ~ » III I lhli n n in YONG B WON 10410 CALVERT DR CUPERTINO CA 95014-3840 EXHIBIT A DD000274 S-SFHUHE10 PA1BOC00200957 - 578989250 I01914 L2C1 1TN1330878.001
