Declaration CCP 1033

Cal. Super. - 6th Dist.October 28, 2019

\OOOQQLII-PUJN 10 11 12 13 15 16 l7 18 Anny information obtained will be used for that purpose. 19 20 21 22 23 Pleasa understand this communication is frum a debt collector. Thsis is an attempt ta collect a debt. 24 25 26 27 28 14- Electronically Filed JACK H. POGOSIAN, State Bar No.2 305741 by Superior Court of CA, CHRISTINA ARNOLD, State Bar No.2 297590 on 1/27/2020 10:42 PM, HYO JIN JULIA JUNG, State Bar N0.: 316090 MELINE GRIGORYAN, State Bar N0.: 321 133 CAROLINA PINHEIRO, State Bar N0.: 259875 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff Reviewed By: S. Alvarez Case #1 9CV357541 Envelope: 3945777 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT MIDLAND FUNDING LLC Plaintiff, Case No. 19CV357541 VS DECLARATION RE: ° CODE OF CIVIL PROCEDURE § 1033; . INTEREST; AND TAI TRAN’ EVIDENCE CODE § 1550 Defendant. I, the undersigned, declare and state as follows: 1. I am the attorney of record for plaintiff MIDLAND FUNDING LLC ("Plaintiff") in the above entitled action. To the extent that Plaintiff acts in its capacity as successor in interest to the original creditor or its assigns, references herein t0 Plaintiff may include Plaintiff's predecessor in interest. If called t0 testify, 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. 2. I am an attorney and an employee 0f Midland Credit Management, Inc. ("MCM"), the servicer of Plaintiff‘s account. I have access to and have revieWed the electronic records pertaining t0 the account and am authorized to make this affidavit on Plaintiffs behalf. The electronic records reviewed 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. 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.: 19-188942 ooumLII-h \O 10 11 12 13 14 15 16 17 18 Any infnrmatin‘n obtained will be used fur that p>u rpo‘se. 19 20 21 Please understand! this culmmunicaticm is frnm a debt collector. This is an attempt ta- ou‘llecl a debit. 22 23 24 25 26 27 28 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 TAI TRAN ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that Defendant held with creditor SYNCHRONY BANK, account number: XXXXXXXXXXXX-1769 (the "Account"). 5. Prior to filing this complaint, all right, title and interest to the Account was sold and assigned t0 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 0f the Account, Plaintiff can testify to ownership 0f the Account and the fact that the debt remains unpaid by Defendant. 6. Upon my review of the Plaintiff’s records as they pefiain t0 Defendant’s account, there were previous transactions between the original creditor and Defendant. Defendant agreed to repay the amount due t0 the original creditor, and there was a valid assignment 0f the account from the original 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 0f business, and pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing 0f the intended legal action and that any judgment entered against the Defendant would include attorney's fees and collections costs. A true and correct copy 0f the letter sent t0 Defendant is attached hereto as "Exhibit A". 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in this action. Defendant was served with the complaint on November 16, 2019. A true and correct copy of the proof of service that was filed with the court is attached hereto as "Exhibit B". 9. I am informed that Defendant has failed to answer or otherwise defend as to Plaintiffs complaint within the time allowed by law, and therefore the allegations 0f the complaint are deemed admitted by law. 10. Plaintiff seeks entry 0f Defendant's default and judgment as calculated below and as set forth in the Request for Entry 0f Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. _2_ DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 19-188942 \OOOQOLII-P 10 11 12 13 14 15 16 17 Any infn‘rmatiun obtained will be used for that purpuse. 18 19 20 21 Please understand this communication i5 frum a debrt collector. This is an attempt tn- canllect a diam. 22 23 24 25 26 27 28 11. Filed as part 0f this default judgment packet is an affidavit pursuant t0 Code of Civil Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. JUDGMENT CALCULATIONS 12. The Complaint asserts claims for a balance due 0f $1,161.76, plus court costs 0f $181.00, service fees 0f $65.00, E-filing fees of $12.95, minus credits 0f $0.00 for a total sum due of $1,420.71. COSTS AND FEES 13. Plaintiff is entitled to recover the actual costs 0f a filing fee and the actual costs of service 0f process, as listed below: Filing Fee: $181.00 E-Filing Fee: $12.95 Service Fee: $65.00 Total: $258.95 14. It is the normal business and procedure 0f Plaintiff t0 microfilm, image 0r store as electronic media all documents provided by Plaintiff’s predecessor-in-interest. The records are microfilmed, imaged or stored as electronic media to Iacilitate storage and are maintained as part 0f Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies 0f documents produced as part of this default judgment packet, including any affidavits and any documents attached thereto, be accepted in lieu of the original pursuant t0 Evidence Code § 1550. I declare under penalty of perjury under the laws 0f California that the foregoing is true and correct. Executed this day of‘Deeembei-QG-IQ. MIDLAND FUNDING LLC JAN a6 2;}:3 ngk D JACK H. POGOSIAN D MANASI TAHILIANI D HYO JIN JULIA JUNG D MELINE GRIGORYAN CHRISTINA ARNOLD CAROLINA PINHEIRO -3- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File N0.: 19-188942 EXHIBIT A AA_0125 File No.: 19-188942 f l" \\ Midlqnd fiflfiiE § ifiggg ?EECSE‘TTEEE‘EE M c M Credn P.o.sox21z1Warren,M|4sosu SYNCHRONY BANK 07/24/2019 Original Creditor: Original Account Number: XXXXXXXXXXXX1769 ”w“ Current Owner: Midland Funding LLC Ta? Tran Internal Legal Account Number: 19-188942 92 2N1); 2973 Nieman Blvd Apt 536 San Jose, CA 95148-4224 II I I Ill ll I II ll H lull I ll II I ll I" V's“ U5 online || |I!||I.l|l|ln II lllhl II II II H II MidIandCredit-com , Current Balance: $1,161.76 Dear Tai, Your SYNCHRONY BANK account, owned by Midland Funding LLC, has been transferred to our legal department. 0 Get rid of this debt and get on with your life. Please pay $1,161.76 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 youv You may also make a payment online at MidlandCredimom. I 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 $1,161.76. late“ on this account WI" If we do not receive payment or hear from you, we may forward your account to an attorney in stop! vourjurisdiction. At this time, no attorney has personally reviewed the particular circumstances of your account. Your MCM account number is XXXXXX2466. When calling to discuss your account, please refer to your internal Legal account number of 19-188942. Sincerely, Call to Discuss Your Options: (866) 3008750 Boris Salamakhin, Group Manager P.S. Visit us online at MidlandCredit.com. When your account has been paid, and if data related to the account is still being furnished to the consumer reporting agencies, a request will 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. 003415 PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Hours of Operation: M - Fri: 8:003m - 7:30pm EST Visit Us online .7 Ma”: Sat: Closed . . E . Sun: Closed MidlandCrednt.com I Payment Certificate k Please tear ofiand return lower portion with payment in the envelope provided Payment Options: 1) Pay by phone: (866) 300-8750 2) Mail in this certificate with your payment and Internal Legal Account Number; 19-188942 make check payame to; Midland Credit Original Account Number: XXXXXXXXXXXX1769 Management, |nc, Current Balance: $1,161.76 Amount Enclosed: $ A li:- P.o. Box 2121 Warren, MI 48090 PRE_001 GL_0702G 19-188942 IMPORTANT DISCLOSU RE INFORMATION: Please understand this is a communication 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 manitored or recorded. MAIL PAYMENTS TO: P.O. Box 2121 Warren, Ml 48090 MAIL CORRESPONDEECE BUT N0 PAYMENTS T0; 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 eiigible 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 VOU: California Code of Civil Procedure §1033(b)(2) requires us to notify vou that in the event of legal proceedings, such legal proceedings could result in a judgment against vou 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_001 GL_0702G 19- 1 88942 GL_0702G 19- 1 88942 EXHIBIT B AA_0126 File No.: 19-188942 1QCV357541 Santa Clara - Civil stemAHORNEV ORpm WWHOUT ATTORNEY (NW, 3,910, 36fNW, and WIDE): m counr USE ONLY System S) Kfisty Gahrlelova (274827), Jack H. Pogoslan (305741 ). Nlchol Alan De Gmman (31-1989), Hyo Jln Julfi Jung (316090). Menne Grigoryan (321133). Jonathan Kom (320369), Christina Anew (297590). Manasl 1' mum 272821 - . . mfium éunamgiu: :Iectronlcally Flled 350 Camlno de la Reina Suite 100 - 5a.. mega, cums 3y Superior Court of CA, TELEPHONE No; 366.626.5053 FAXMOV (Optima: County Of Santa Clara, ETgfifvfoémmj mm Puma LL: on 11I1 8/201 9 11:1 7 AM SUPERIOR CéURT O-F CALIFORNIA, COUNTY OFV SANTA CLARA aeViewed By: SyStem sy5tem N SIREEMDDRESS: 191 N. Filstsueet ease #1 9CV357541 MAILING ADDRESS: 191 N. Firs: Street :nvelope: 366201 3 crwm) zxp cone; San Jose 95113 BRANCH NAME: Downtown Superior Court PLAINTIFFIPETITIONER: Midland Funding LLc CASE Mumm- DEFENDANT/RESPONDENT: m TRAN 19CV357541 Ref. Mo. or Fla Nu: PROOF OF SERVICE OF SUMMONS 19488942 1. Al the time of service lwas at least 18 years of age and not a party to this action. U 2. | served copies of (specify documents): : Summons; Complaint“, Civil Case Cover Sheet; Civil Lawsuit Notice; Alternative Dispute Resolution (ADR) Packet; E Declaration Pursuant to CCP Section 395 (b); Venue for Personal, Family or Household Obligations; Declaration Re: Reduction in Filing Fee Pursuant to Business and Professions Com Section 6322.1 3‘ a. Party sewed (specify name ofparty as shown on documents served): TAI TRAN b. E Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (speciy name and relationship (o the party named in item 3a ): 4. Address where the party was sewed: 1134 KENMAR CT, SAN JOSE, CA 95132 .0" I served the party (check proper box) a. m by personal service. | personally delivered the documents listed in item 2 lo the party or person authorized to receive service of process for the party (1) on (date): 11l1612019 at (time): 1 :44 PM TAI TRAN, Who accepted service, with identity confirmed by subjed stating their name, a brown-haired Asian male approx. 35-45 years of age, 5'8"-5'10" tall and weighing 160-180 lbs. b. D by substituted service. 0n (date): . at (time).- I left the documents listed in item 2 with or in the prwence of (name and title or relationship to person indicated in item 3): (1)D (2)E (3)D (4)D (5) E] (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the generaI nature of the papers. (home) a competent member of the househoid (at least 18 years of age) at the dwelling house or usual place of abode of the party. l informed him or her of the general nature of the papers. (physical address unknown) a person at least 18 years of age apparently in charge at the usual maifing address of the pelson to be served, other than a United States Postal Service post office box. | informed him or her of the general nature of the papers. Ithereafter caused to be mailed (by first class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc § 41 520). Documents were mailed on (date): from (city): orD a declaration of mailing is attached. lattach a declaration of diligence statirg actions taken first to attempt personal sewice. P890 1 01 2 mwmfflmyuso Weolcivilprmwa§41110 333%”?Jw'm'?f‘m“ P05 PROOF 0F SERVICE 0F summons Tracking 1:: 0045699596 EH!” -_ ----._ ll!lll|llllllllllIllliillllllllllllllllllllllllllllllillllll PLAINTIFFIPETITIONER: Midtand Funding LLC CASENUMBER DEFENDANTIRESPONDENT: TA! TRAN 19CV357541 c. E by mail and acknowledgement of receipt or service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city).- (3)D with two copies of the Nafice and Acknowledgement ofReceipt and a postagepaid return envelope addressed to me. (Attach completed Notice and Acknowledgement ofReceipt) (Code Civ. Proa, § 41 5.30) (4)D to an address outside Canfomia with return receipt requested. (Code Civ. Frau, § 415.40) d. D by other means (specify means of service and auflrofizing code section): E Additional 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. D as the person sued under the fictitious name of (specify): as occupant. d. E 0n behalf of (spasm under the following Code of Civil Procedure section:D 416.10 (corporation) D 415.95 (business organizafion. form unknown)D 416.20 (defunct corporation) E] 416.60 (minor)D 416.30 (joint stock oompanylassociation) D 416.70 (watd or conservatee)E 416.40 (association or partnership) E 41 6.90 (authorized person)E 416.50 (public entity) E 415.46 (occupant)E othen 7. Person who served papers a. Name: Stephen Coca b. Addrm: 3721 Anza Way, San Leandra, CA 94578 c. Telephone number. 925-5214429 d. The fee for service was: S 65.00 e. l am: (1)E not a registered California process sewer. 3 (2)D exempt fmm registration under Business and Professions Code section 22350(b)_ l)" (3)m registered California pmcess sewer. x (i) D owner E employee m independent contractor. For. ABC Legal Services, LLc (fi)m Registration No.2 1443 Registration #i 6779 Gii)m County: Alameda County County: Los Angeles 3. m Ideclare under penafly of petjury under the laws of the State of California that the foregoing is true and correct. or 9_ E lam a California sheriff or marshal and I certify that the foregoing is hue and correct. Date: 11/18/2019 9Stephen Coca «W é Cf.- (NAME 0F PERSON wno SERVED PAPERS/SHERIFF on MARSHAL) (swarms) Posmo 1Rw.)ammy1,2onn Pagezulz PROOF 0F SERVICE 0F SUMMONS Tracking #: 0045699596 gfiREF 19-188942 llllfllllilllllllllllllllllllllllllll[llllllllllllllIlllllll