Declaration In SupportCal. Super. - 6th Dist.August 2, 2019Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/4/2019 1:09 PM Reviewed By: M Vu Case #19CV353194 Envelope: 3726738 [\.) \O 00 Q Ox u'wf .5 m 10. 11 12 13 14 15 16 17 18 19 20 21' 22 23. 24 25 26 27 28 Donna Aguirre, SBN 2435 1 0 Adam Brumage, SBN 283180 T-ai Dinh Tran, SBN 287482 Maria Bradish, SBN 288384 Jennifer Wong, SBN 297398 Don Phan-Huy, SBN 309853 Ryota Isozaki, SBN 321040 Antonio Mario Shahine, SBN 321281 ., Jeremy Kimmelman, SBN 322958 Davis Kratz, SBN 323799 West Imboden, SBN 324175 Taylor Preston, SBN 325472 The Moore Law Group, APC 3710 S. Susan St, Suite 210 Santa Ana, CA 92704 Telephone: (800) 506-2652 Attorneys for Plaintiff, ~ . Citibank, N A. ' SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT, LIMITED JURISDICTION Citibank, N.A., CASE NO. 19CV353 194 Plaintiff, DECLARATION RE NON-ACTIVE MILITARY STATUS vs. Daniel Bemal; Defendant(s). The undersigned declares as follows: 1. I am an attorney licensed to practice law in the state of California and am an associate attorney ofthe Moore Law Group, APC, counsel for Plaintiff in this matter. The facts contained in this declaration are based upon my review of the books a'nd records ofthe Moore Law Group, APC maintained in connection with this case. > h 2. Our office made inquiries and other efforts to determine whether Defendant is entitled to the protection ofthe Service members Civil Relief Act. Based on the response received fiom the United States Department of Defense Manpower Data Center, the Defendant is not on “active duty” status, as such term is used in the Service members Civil Relief Act. A copy 0fthe Report ofthe Depanment of Defense Manpower Data Center is attached hereto as Exhibit 1. /// 10 11 12 13 14 - 15 16 -17 18 19 20' 21 22 23 24 25 26 27 28 .xoooume-h I declare under penalty ofperjury under the laws of the State 0f California that the foregoing is _ true and correct. - Dated: BEE fl 3 2mg V The Moore Law Group, APC By: 2% D Donna M/Aéfiirre D Aaam Brumage D Maria Bradish X Jennifer Wong D Don Phan-Huy D Ryota Isozaki D Jeremy Kimmelman D Davis Kratz D West Imboden D Taylor Preston Attorneys for Plaintiff EXHIBIT 1 Department of Defense Manpower Data Center Stammkbpart _V fursuamm Servnemembm Civfl Reh’nfAct» Results as of: Dec-03-2019 11:58:15 AM SCRA 5.2 SS N: XXX-XX-51 36 Birth Date: Aug-XX-J 984 Last Name: BERNAL- First Name: DANIEL Midd Ie Name: Status As Of: Dec-O3-201 9 Certificate ID: L8QGRC6BV6TCQ7P On Acfivé D’uty On Active Duty Status Date ' Active Dmy Start Date Active Duty End Date ‘ ' Status Service Component. NA Mg; ., ' - "'3 lij‘f‘ig -' ‘ Non NA I ‘ Lefl :Acu've Duty \Mthin 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA l}. lNA-f-z; j -' No ‘1 H- i; NA This response reflects lej'ere th'é‘ dual left active d_utyks afltés‘fwithin 367 days precedmg' th'é Active Duty Status Date “-11! < ‘ f x v I. Q . . A. u ‘x S ‘ ,~i The Member or His/Her Unit Was Notified of a Future Call-~Up to Active Duty on Active Duty Status Date Order Notification Stan Date Order Notification End Date Status Service Component NA NA Upon searching the data banks of the Department of Defense Manpowef 'D" er, 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 Services (Army, Navy, Marine Corps, Air Force, NOAA, 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 Defense Manpower Data Center (DMDC) is an organization ofthe 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" responses, and has experienced only a small error rate. In 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 othe’rwise 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 (033) via this URL: https://scra.dmdc.osd.mil/faq.xhtmI#Q33. If 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" Active duty status as reported in this certificate is defined in accordance with 1O USC ? 101 (d) (1). Prior to 201 0 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service 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 ofthe U. S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA 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 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). 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.
