DeclarationCal. Super. - 6th Dist.May 29, 20191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REESE LAW GROUP, APLC Harlan M. Reese, Esq., Bar #118226 3168 Lionshead Avenue Carlsbad, CA 92010 7601842-5850 Attorneys for Plaintiff, WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT Plaintiff, CASE NO: 1 9CV348893 DECLARATION RE: AFFIDAVIT OF MILITARY STATUS VS. OSCAR VASQUEZ l, the undersigned, declare the following: 1. I am overthe age of eighteen. I am one of the attorneys of record in this action for plaintiff and have personal knowledge of the following facts. lf called to testify to the same I could and would be willing to do so. 2. Plaintiff is informed and believes that the above-named defendant is not on active duty in the U.S. military. 3. Plaintiff has obtained a certificate from the Department of Defense Manpower Data Center showing that the defendant is not on active duty status. Attached hereto as Exhibit 1 is the Affidavit of Military Status signed on behalf of Plaintiff. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct S Ha , Esq., Dated: ?*f -/ f for Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/11/2019 9:37 AM Reviewed By: D Harris Case #19CV348893 Envelope: 3375999 19CV348893 Santa Clara - Civil D Harris Exhibit 1me U m H . ‘ Ileese Law (iroup 3I68 LIONSHEAD AVE Carlsbad CA,92010 l -(760)-842-s8s0 l -(760)-842-s86s Attorneys for Plaintiff Plaintiff: Wells F'argo Bank, N.A. Case No. 19CV348893 Defendant: OSCAR VASQUEZ AFFIDAVIT OF MILITARY STATUS Account N umber ending in' *'*'t * * {<'l. {"1"t. * *3 833 \GY\ declare:I, l. I am a Loan Adjustor of Wells F'argoBank, N.A. ("Wells Fargo") and am authorized to sign this affidavit on behalf of Wells Fargo. If called to testiSi in this matter, I would competently testifu under oath as to the following: 2, I am over the age of eighteen and as part of my job responsibilities for Wells Fargo, I have personal knowledge of and am familiar with the types of records maintained by Wells Fargo in connection r.vith the account that is the subject of tlie Cornplaint (the 'oAccounl") liled iri this action and the procedures for creating those types of records. I have access to and have reviewed the books, records and files of Wells Fargo that perlain to the Account. 3. The infbrrnation in this affidavit is taken fiorn Wells Fargo's business records. Tlre records are: (a) rnade at or near the time of'the occurrence of the matters recorded by persons with personal knowledge of the infolnation in the business record, or frorn information transtnitted by persons witlr personal knowledge; and (b) kept in the course of Wells Fargo's regularly conducted business activities. It is the regular practice of Wells Fargo to create and rnaintain such records. 4. Wells Fargo is infurrned and believes that defendant OSCAR VASQUEZ is not on active duty in the U.S. rnilitary. Wells Fargo obtained a certificate fi'orn the Department of Defense Manpor,ver Data Center OSCAR VASQUEZ Account Number ending in: ************3833 LGLMSA (Os/20r7) showing that the defendant is not on active duty status. A copy of the certificate is attached hereto as trxhibit A. I affim, under the penalties of perjury that the foregoing representations are true. Executed this 0\ day or Se{+ , 20 \q Name: 'tr\. €'rnnWt0lt: Loan A State of Iowa County of Dallas Ll Sworn and subscribed to me this r day of individual, personally known tn ^" Y StV f ,2on bvtheabove-identined OR produced identification 'l'ype of identification produced OSCAR VASQUEZ Account Number ending in: ******'k'kx'k**3833 LGLMSA (O5/20t7) MEGAN E SCOTT Commission Number 812622 Mv Cornmission ExPires 'SePtemOer 13' 2021 Notary Public iHt Exhibit Ame c : > Department of Defense Manpower Data Center Sfietus R*port Furs,{rffit tCI $e,r$ieeinnrnbers Civil Relief Ad Results as of: Sep-04-2019 06:44:14 AM SCRA 5.0 SSN: Birth Date: Last Name: First Name: Middle Name Status As Of: Certificate lD XXX-XXI VASQUEZ Sep-04-2019 4FKYG5TBYDLP2ND On Acdvo Duty On Aclivo Duty Status Date Acllve Duty Start Date Acllve Duly End Dats Status SsMm Cmpomnt NA NA No NA This response relkicts lhe individuals'aclive duty stalus based on the Acliw,Ouly Slatus Date Lon Actue Outy Wlhln 367 Days of Acdve Duty Slatue Dato Active Duty Shn Datg Active Outy End Dale Stalus Servico Componst NA NA No NA Status Dats Upon searching the data banks ofthe Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed S€rvices (Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The M6mber or Hldlls Unlt Was Notiffod ot a FutuB Call.Up io Actiw Duty q Actve Duty Status Dato SLatus Soivico CompmntOrds No0licatlm Stai Dat€ Ordsr Nofficatim End Dato NANANA This response rellects whelhar or hi8/hsr unit has to report for active duty EXHTBIL,IL The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" r€sponses, and has experienced only a small error rate. ln the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. lf you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App, ? 521 (c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Activedutystatusasreportedinthiscertificateisdefinedinaccordancewithl0USC?101(d)(1). Priorto20l0onlysomeoftheactivedutyperiodsless than30consecutivedaysinlengthwereavailable. lnthecaseofamemberoftheNational Guard,thisincludesserviceunderacall toactiveservice authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOM Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 1 0 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCM, as defined in accordance with 10 USC ? 101(dX1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
