Declaration CCP 1033Cal. Super. - 6th Dist.August 21, 2019Electronically Filed 1 JACK H. POGOSIAN, State Bar No.2 305741 by Superior Court of CA, MANASI TAHILIANI, State Bar N03 272821 County of Santa Clara, 2 CHRISTINA ARNOLD, State Bar N0.: 297590 on 4/28/2020 3:39 PM HYO JIN JULM IUNG State Bar N0.: 316090 R - .’ VI w B . S. Alvarez3 MELINE GRIGORYAN, State Bar N0.: 321 133 czseemegdcvgsflfl 4 CAROLINA PINHEIRO, State Bar N0.: 259875 E I _ 429241 9350 CAMINO DE LA REINA, SUITE 100 “V9 °pe' 5 SAN DIEGO, CA 92108 . Telephone: (866) 300-8750 g 6 Facsimile: (858) 309-1588 S 7 Attorneys for Plaintiff E a s E 9 SUPERIOR COURT OF CALIFORNIA 3'5 . g E 10 COUNTY 0F SANTA CLARA E i a 11 DOWNTOWN SUPERIOR COURT E E 3' E 12 MIDLAND FUNDING LLC 6 b- g '.U 8 “2’ 13 Plaintiff, Case No. 19CV353725 E E i g 14 VS DECLARATION RE: E B 15 ' CODE OF CIVIL PROCEDURE § 1033; ~‘= E INTEREST- ANDfl . 9 g é 16 MARISSA PEREZ’ EVIDENCE CODE § 1550 g «g 17 Defendant. E a E E I, the undersigned, declare and state as follows: U h 18 “E d: 1. I am the attorney of record for plaintiff MIDLAND FUNDING LLC ("Plaintiff") in the .E 19 4:5; 20 above entitled action. To the extent that Plaintiff acts in its capacity as successor in interest to the g original creditor or its assigns, references herein t0 Plaintiff may include Plaintiff's predecessor in = 21 E interest. If called to testify, I could and would competently testify as to all the facts stated in this Q ‘L 22 declaration, except as to those matters testified to upon information and belief, and as to those matters, I 23 believe them to be true. 24 2. I am an attorney and an employee of Midland Credit Management, Inc. ("MCM"), the 25 servicer 0f Plaintiffs account. I have access to and have reviewed the electronic records pertaining to the 26 account and am authorized t0 make this affidavit on Plaintiff‘s behalf. The electronic records reviewed 27 consist of data acquired from the seller when Plaintiff purchased the account, together with records generated in connection with servicing the account since the day the account was purchased by Plaintiff. 28 In addition, I reviewed the documents that are attached to this affidavit. -1- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File N0.: 19-183770 3. Plaintiff is precluded from filing this case in Small Claims Court per Code 0f Civil Procedure § 116.420(a). 4. The complaint seeks to recover amounts owed by Defendant MARISSA PEREZ p-a ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that Defendant held with creditor CITIBANK, N.A., account number: XXXXXXXXXXXX-7376 (the "Account"). 5. Prior to filing this complaint, all right, title and interest to the Account was sold and assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. Additionally, as owner of the \OOOflOUl-bmk) Account, Plaintiff can testify to ownership of the Account and the fact that the debt remains unpaid by Defendant. HO 6. Upon my review 0f the Plaintiff’s records as they pertain to Defendant’s account, there H H were previous transactions between the original creditor and Defendant. Defendant agreed t0 repay the HN amount due to the original creditor, and there was a valid assignment 0f the account from the original H U.) creditor to Plaintiff. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. 7. Prior to the commencement of this action, as part of our usual course of business, andH LII pursuant t0 Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing of the intended legal H O\ action and that any judgment entered against the Defendant would include attorney's fees and collections flQ costs. A true and correct copy of the. letter sent to Defendant is attached hereto as "Exhibit A". H m 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in H \D this action. Defendant was served with the complaint on October 11, 2019. A true and correct copy of the Please understand this communication i5 fr-um a déehlt cnllectnnr. This i5 an attempt tn culled a. debt. Any Information obtained wfll he used fair that purpose HA 20 proof of service that was filed with the court is attached hereto as "Exhibit B". 21 9. I am informed that Defendant has failed to answer or otherwise defend as t0 Plaintiff‘s 22 complaint within. the time allowed by law, and therefore the allegations of the complaint are deemed 23 admitted by law. 24 10. Plaintiff seeks entry of Defendant's default and judgment as calculated below and as set 25 forth in the Request for Entry of Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. 26 27 28 -2- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 19-183770 1 11. Filed as part of this default judgment packet is an affidavit pursuant to Code of Civil 2 Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. 3 JUDGMENT CALCULATIONS 4 12. The Complaint asserts claims for a balance due of $4,905.46, plus court costs of $181.00, 5 service fees of $65.00, E-filing fees of $25.90, minus credits of $0.00 for a total sum due 0f $5,177.36. 6 7 COSTS AND FEES 8 13. Plaintiff is entitled to recover the actual costs of a filing fee and the actual costs 0f 9 service of process, as listed below: 10 Filing Fee: $181.00 E-Filing Fee: $25.90 11 Service Fee: $65.00 12 Total: $271.90 13 14. It is the normal business and procedure of Plaintiff to microfilm, image or store as electronic media all documents provided by Plaintiff’s predecessor-in-interest. The records are microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part ofy-a U] Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies of p-u ON documents produced as part of this default judgment packet, including any affidavits and any documents H \I attached thereto, be accepted in lieu of the original pursuant t0 Evidence Code § 1550. Any in formation obtained will be used fur that purpose. HA ._a 00 I declare under penalty of perjury under the laws 0f California that the foregoing is true and Please undl‘erstranldl th-is communication is from a debt collecmr. This i5 an attempt tn collect a debrt. 19 correct. Executed this 17%ay of February, 2020. 20 21 MIDLAND FUNDING LLC 22. _ 23 W By: 24 WK H. POGOSIANMANASI TAHILIANI 25 D HYO JIN JULIA JUNG 26 DMELINE GRIGORYAN [:1 CHRISTINA ARNOLD 27 D CAROLINA PINHEIRO 28 -3- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 19-183770 EXHIBIT A AA_0125 File No.: l9- 1 83770 . s //-\\ Nafice 5f Lfigai Piaaement gad‘jgdm p.o.sox2121Wanen.M-4soeo l N N.A. 07/05/2019 l c” BA K’ t riginal Account Number: XXXXXXXXXXXX7376 ._ Current Owner: Midland Funding LLCnet i Marissa Perez ' Internal Legal Account Number: 19-183770 P3132 514 war Admiral Ave , Current Balance: $4,905.46 San JOSE, CA 95111-2749 I..Im..m.n. Ill .. ... Iml II I V'SItUS°"""e I III I ull IIIIIIIIIIII Hi III ullll MidlandCredit-com Dear Marissa, Your CITIBANK, NA. account, owned by Midland Funding LLC, has been transferred to our legal department. Please pay $4,905.46 or call us at (866) 300-8750 to discuss your options. We have payment plans available, and we are committed to finding a solution for you. You may also make a payment online at MidlandCredit.com. get on with your life. t Once your account is paid .- It’s not too late. Please call us at (866) 300-8750. A" collection cans and As of the date of this letter you owe $4,905.46. ieners on this account WI" lf we do not receive payment or hear from you, we may forwa rd your account to an attorney in Stop! yourjurisdiction. At this time, no attomev has personally reviewed the particular circumstances of your account. Your MCM account number is XXXXXX7142. When calling to discuss your aCcount, piease refer to your Internal Legal account number of 19-183770‘ Sincerely, Call to Discuss Your Options: (866) 300_8750 Boris Salamakhin, Group Manager P.5. Visit us oniine at MidlandCredit.corn. When your account has been paid, and if data related to the account is still being furnished to theconsumer reporting agencies, a request wiIl be made of the three major consumer reporting agencies to report the Midland Funding LLC trade line related to the above referenced account as paid. OOSIED PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Hours of Operation: M v Fri: 8:003m - 7:309m EST Sat: Closed Sun: Closed Visit Us Online MidlandCredit.com Payment Options: 1) Pay by phone: (866) 300-8750 2) Mail in this certificate with your payment and Internal Legal Account Number: 19-183770 make check payable to: Midland Credit Original Account Number: XXXXXXXXXXXX7376 Management, |n¢_ Current Balance: $4,905.46 Amount Enclosed: S ® IE... 9.0. Box 2121 Warren, MI 43090 PRE_001 GL_0702G 19- 1 83770 IMPORTANT DISCLOSURE INFORMATION: Please understand this is a communicatEOn from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. [ PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS T0: P.0. Box 2121 Warren, Ml 48090 MAIL CORRESPONDENCE BU! NO EAIMEN l§ TO; P.O. Box 2121, Warren, MI 48090 If your payment method is a credit card, it may be processed through our international card processor. Although our policy is to not charge consumers fees based upon their payment method, your card issuer may elect to do so due to the location of the card processor. If an international transaction fee has been charged by your card issuer, that fee is eligible for reimbursement. You may contact your Account Manager to modify your payment method to avoid these charges in the future and for information to initiate your reimbursement. We are required under state law to notify consumers of the following additional rights. This list does not contain a complete list of the rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legal proceedings could result in a judgment against you that could include court costs and necessary disbursements under applicable law, if Midland Funding LLC is found to be legally entitled to the same. PRE_oo1 GL_0702G 19- 1 83770 EXHIBIT B AA_0126 File N0.: 19-1 83770 1QCV353725 Santa Clara - Civil anomevonpmwrmounmoauev mam. smrmammber, madam).- mmwsgmy system sjstem Knsty canneloua (214327), Jack H. Pogosmn (305741),um Alan De Guzman (314939). Hyo Jln Jana Jung (316090). Henna Grigoryan (321133), Jonathan Rom (320369], Cmtti'na Amati (297590). Manmi T hfl' i 72821 - . . fink? gmmg’uc l:lectromcally Filed 350 Camino de la Reina Suite 100 ' 5m mega.cums lay Superior Court of CA, TELEPHONE Ho: 366-626-5053 mm(W: County of Santa Clara, Eflmogwf mm m: on 1DI1 5/2019 12:00 AM summon coum' 0’s CALIFORNIA, COUNTY 0F SANTA CLARA ‘ ' zeVieWEd By: syfiem syStem N. . STREETMSS: m N.Hmm Base #190V353725mmmonass: 191 N. Fustsueet =nvelope: 351485° CITYAND ZIPWEE: San JOSE 95113 BRANCH NAME Downtown Superior Court PLAINTIFFIPETITIONER: Midland Funding LLc CASEmen: DEFENDANT/RESPONDENT: msA pen: 1SCV353725 Rel. No. or Fla No; PROOF 0F SERVIcE 0F summons 19483770 1. At the time of service I was at least 18 years of age and nut a patty to this action. 2. I served copies of (specify documents): Summons; Complaint; Civil Case Cover Sheet; Civil Lawsuit Notice; Alternative Dispute Resolufion (ADR) Packet; Civil XVi A8 Lawsuit Noflce - Rule 3.470; Declaration Pursuant to COP Secfion 395 (b); Venue for Personal, Family or Household Obligafions; Declaration Re: Reducfion in Filing Fee Pursuant to Business and Professions Code Section 6322.1 3. a. Party served (specify name ofparty as shown on documents served): MARISSA PEREZ b. E Person (other than the party in item 3a) sewed on behafl of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relafionship to (he party named in item 33 ): 4. Address where the party was served: 514WAR ADMIRAL AVE, SAN JOSE, CA 951 1 1 5. I served the party (check proper box) a_ D by personal service. I personally delivered the documents listed in item 2 to the party or person auihorized to receive service of process for the party (1) on (date): at (time): b- m by subsfituted sewice. 0n (date): 1011112019 at (time): 5:51 PM l left the documem listed in item 2 with or in the presence of (name and title or relafionship to person indicated in item 3): Jane Doe, WHO REFUSED TO GIVE NAME. CO-RESIDENT, who h'ied to refuse service by refusing to take documents and did not sate reason for refusal, a brown-haired Hispanic female approx. 45-55 years of age, 5'-5'4" tall and weighing 120-140 lbs. (1)D (business) a person at least 18 years of age apparenuy in charge at the office or usual ptace of businas of the pelson to be sewed. I informed him or her of the general natme of the papets. (2) (home) a competent member of the household (at least 18 years of age) at the dwelfing house or usual place of abode of the party- | informed him or her of the general nature of the papets. (3)E (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person tn be served, oiher than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4)m “hereafter mused to be mailed (by first class. postage prepaid) copies of the documents lo the person to be sewed at the place where the copies were left (Code Civ. Proc § 415.20). Documents were mafled on (date): from (city): orm a declaration of mailing is attached. (5)m l attach a declaration of diligence stating actions taken first to attempt personal service. W Fofmfldopmafu'mndafuyllsa WOOICMPWW§417JO fififimrmwffim PROOF 0F SERVIcE 0F summons Tracidngm 0043971895 JI----- ‘- ------ |llllllllllllllIllllllllllllllIlllllllllllflllllllllllllll PLAINTIFFIPETmONER: Midland Funding LLc CASE NUMBER IDEFENDANTIRESPONDENT: MARISSA PEREZ 1901353725 . E3 by mail and mwleagement of receipt of service. 1 mailed me documents listed in item 2 to the party. to the address shown in item 4. by first-ciass mail, postage prepaid, (1) on (date): (2) from (city): (3)E with two copies of the Nofice and Acknowledgement afReceipt and a postagapaid return enVelope addressed to me. (Attach completed Notice and Acknowledgement ofReceipt) (Code Civ. Proc.. § 41 5.30) (4)E to an address outside California with return receipt requested. (Code Civ- Proc-, § 415.40) d, D by other means (specify means ofservice and auflmrizing code section): D Addih‘onal page describing service is attached. 6. The “Notice to the Person Served” (on the summons) was completed as follows: a. m as an individual defendant b. E as the person sued under the fictitious name of (special): as occupant. d. D 0n behalf or (special) under the following Code of Civil Procedure secfion: E] 416.10 (corporation) D 415.95 (businxs omanizafion, form unknown)D 416.20 (defunct corporation) D 416.60 (minor)D 416.30 (joint stock oompany/associauon) D 416.70 (ward or consewatee)D 416.40 (association or partnership) E 416-90 (authorized person)D 416.50 (public entity) D 415.46 (occupant)D other: 7. Person Who sewed papers a. Name: Stephen Coca b. Addms: 316w 2nd 5L, 3rd Floor, Los Angeles, 0A 90012 c. Telephone number. 213621-9999 d- The fee for service was: $ 65.00 e. lam: (1)D not a registered California process sewer. 3 (2)D exempt from registration under Business and Professions Code section 2235mm- g (3)m registered California pmoess server: (i) E owner E employee [X] independent contractor. For. ABc Legal Services, Inc. (i)m Registration No; 1443 Registrafion #. 6779 (Iii)m County. Alameda County County: Los Angeles 8, m ldeclare under penalty of perjury under the laws of the State of California that the foregoing is true and oonect. or 9- E lam a California sheriff or marshal and I certify that the foregoing is true and correct. Date: 10/12/201 9 W Q$fi Stephen Coca (NAME OF PERSONWHO SERVED PAPERSISHERIFFORW) (SIGNATURE) posmommmnzmn I H Pagezmz PROOF OF SERVICE 0F SUMMONS Tracking #3 0043971895firm «mam Iunumumnumummuunmnmmmmum AWOWEYORPAWYWATTORNEYWMMSMEMWMW: Foncounrussomv Kristy Gabriemva (274321). Jack H. pogosm (305741). Nichol Alan De Guzman (314989). Hyo .nn Julia Jung (316090), Mamie Grlgoryan (321133). Jonmhal'l Kom (32mm). Christina Amok! (37590). Manes! Tahitian: [272321) Midland Funding LLc 35o Gamma de Ia Reina Suite 100 San Diego. “92103 TELEPHONE N0; 366.625.5053 FAX Mo. (0mm): E-MAILADDRESS rowan»: AWE? FOR (Mm): mamamm LLc SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA smeerADDRESS: 191 H. First Street MAILING ADDRESS’ 191 N. FirstStreOI CITYAm ZIP 000E: San Jose 95113 meta NAME- Downtnwn Supefior Conn PLAINTIFFIPETITIONER: Midland Funding LLc CASENMER DEFENDANTJRESPONDENT: mssn pane: 190V353725 Ref. No. or Ffle No.2 DECLARATION OF REASONABLE DILIGENCE 19483770 Party to Serve: MARISSA PEREZ Documents: Summons; Complaint; Civil Case Cover Sheet: Civil Lawsuit Notice; Aflemafive Dispuh Resolufion (ADR) Packet; Civil lawsuit Notice - Rule 3.470; Declaration Pursuant ho COP Section 395 (b); Venue for Personal, Family or Household Obligations; Declaration Re: Reduction in Filing Fee Pursuant ho Business and Professions Code Section 6322.1 XVi A8 Sewioe Address: 514 WAR ADMIRAL AVE, SAN JOSE, CA 95111 l declare the following attempts were made to effect sewioe by personal delivery. SMMS 12:23 PM: No answer at door, no noise inside, no movement inside and rights on inside. 9I10I2019 4:01 PM: Per JANE DOE, WHO REFUSED TO GIVE NAME, RESIDEM' a brown-haired Hispanic female contact approx. 45-55 years of age, 5'-5'4" ml! and weighing 120-140 lbs; subject resides but not available at this time. 10111l2019 5:51 PM: No answer at door, no noise inside and no movement inside. 10/1112019 5:51 PM Served to Jane Doe, WHO REFUSED TO GIVE NAME, co-RESIDENT, who tried to refuse service by refusing to take documents and ma not state reason for refusal, a brown-haired Hispanic female approx. 45-55 years of age, 5'-5'4“ tall and weighing 120-140 lbs. Person who performed diligence: Stephen Coca 316W 2nd St. 3rd Floor, Los Angeles, CA 90012 213-621£999 l am a registered California process server Registration No.: 1443 County: Alameda County I dedare under penalty of perjury under the laws of the State of California the foregoing is true and correct. Date: 10/1fl012 9;... com Stephen Coca {NAME 0F PERSONM10 PERFORMED DIUGENE) (SWWRE) PenMof‘l Tracking #: 0043971895 [flaw«mam Immmulnmmmlmummmmmmlumln ATTOWEY OR PNUYWHHOUT ATTORNEY {NMB 5H9, Bar lumber andMm). mmmrUSEmy Kristy Gabfleiova (274827), Jack H Pogoslan (30541). Nichol Alan De Glflman (31M). Hyo Jln Juh Jung (315mm. MGIIM GHQOMfl (321133), JonathanKm (320389). Chflsflna Amok! (297590), Matias! Tillman. (272321) MHIEIId Fund'mg LLC 350 Camino d9 I8 Reina Sane 100 sen Diego. cA92mWE No.2 “6-5053 FAX NO. (W80: EMAILADDRESS(W: ATTONEYFm Mae): Wald Funfing LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SIREETADDRESS: 191 N. Fmsueet MNUNG ADDRESS: 191 N.FmSM CHY N‘DZIP WDE: 58H Jose 95113 BRANCH NAME Downtown Superior Court PLAINTIFFIPETmONER; mama Fundinguc mum DEFENDANTIRESPONDENT: man Pane: 190V353725 Rat No. or Fae No; DECLARATION OF MAILING 19483770 The undersigned hereby declares: that l am over 18 years of age and not a party to this action- l am a resident of or employed in [he county where the mailing took place. My business address is 316 W 2nd St. 3rd Floor, Los Angeles, CA 90012. That on October 14, 2019, after substituted service was made, I mailed the following documents: Summons; Complaint; Civil Case Cover Sheet; Civil Lawsuit Notice; Alternative Dispute Resolution (ADR) Packet; Civil Lawsuit Notice - Rule 3.470; Declaration Pursuant to CCP Section 395 (b); Venue for Personal, Family or Household Obflgafions; Declaration Re: Reduction in Filing Fee Pursuant to Business and Professions Code Section 6322-1 to the servee in this action by placing a true copy thereof enclosed in a sealed envelope with postage prepaid for first class mail and placing the envelope for collection and mailing following our ordinary business practices. I am readily famifiar with this business's practice for collecting and processing correspondence for mailing. On the same day that oonespondence is placed for collection and maifing, it is deposited in the ordinary course of business with the United States Postal Service i‘n Los Angeles, CA That I addressed the envelope as follows: MARISSA PEREZ 514 WAR ADMIRAL AVE SAN JOSE, CA 95111 XV! A8 That l declare under penalty of peljury under the laws of the State of California the foregoing is true and correct. That lexecuted this declaration on 10/14/2019 at Los Angeles, CA. Isl Jasmin Perez Declarant: Jasmin Perez Tracking #2 0043971891 E ”m Iflfllllfllllfllllllllllllllfl flllllflllllfllfliflllllllll
