DeclarationCal. Super. - 6th Dist.September 2, 2020ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 4/27/2021 1:45 PM Alex Calvo, Clerk By: Sandra Gonzalez, Deputy 10 ll 12 l3 14 15 l6 17 l8 19 20 21 22 23 24 25 JOHN P. KENOSIAN, BAR #80261 Law Offices of Kenosian & Miele, LLP 8581 Santa Monica BIvd., #17 Los Angeles, CA 90069 (888) 566-7644 Attorney for UNIFUND CCR, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ SANTA CRUZ LIMITED CIVIL UNIFUND CCR, LLC , Case No.: ZOCV01822 A Limited Liability Company Plaintiff, DECLARATION IN RE: C.C.P. §1033 vs. LILIANA A. SERRANO and DOES 1 to 5, inclusive, Defendantg) I, John P. Kenosian, declare: 1. | am the Attorney for Plaintiff for UNIFUND CCR, LLC . All facts stated below are within my personal knowledge and, if | were called to testify, | would competently testify to these facts. 2. C.C.P. §1 16.420 (a) prevents plaintiff, an assignee, from filing or maintaining an action in small claims court. DECLARATION IN RE: C.C.P. §1033 Page 1 of 2 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 3. Before filing this action, Plaintiff's attorney sent a notice to defendant(s) pursuant to C.C.P. §1033 informing them of the intended legal action in accordance with the requirements of Section §1033 C.C.P. A copy of this notice is attached and marked Exhibit A. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Los Angeles, CA on April 12, 2021 John P. Ke ran, Attorney for: UNIFUND CCR, LLC DECLARATION IN RE: c.c.P. §1033 Page 2 of 2 EXHIBIT A KENOSIAN &MIELE, LLP ATTORNEYS AT LAW 8581 SANTA MONICA BLVD., #17 LOS ANGELES, CALIFORNIA 90069 TELEPHONE (323) 297-2100 * TOLL FREE (888) 566-7644 FACSIMILE (3 1 0) 289-5 1 77 06-16-20 LILIANA A SERRANO 109 ELM ST WATSONVILLE , CA 95076 Our Client: UNIFUND CCR, LLC Our Reference No.2 151 178 Charge-Off Creditor: CAPITAL ONE BANK (USA), N.A. Charge-Off Creditor Account No.1 3099 Current Balance Due: $2 143.36 **** NOTICE OF INTENT OF LEGAL ACTION **** Your failure to make payment in full on the above-entitled account has prompted our client to approve the ling of legal action against you. If you do not make an arrangement with our ofce within 10 days from the date of this letter, our client intends to proceed against you with the ling of a lawsuit. Pursuant to section 1033 of the California Code ofCivil Procedure, this letter will serve as notication that if a lawsuit is led against you, said lawsuit could result in a judgment against you that could also include the actual cost of the ling fee, the actual cost of service of process, and, when otherwise specically allowed by law, reasonable attorneys’ fees. If you would like to try and reach an agreement prior to the lawsuit being led against you, please call our ofce toll free, the number is 888-566-7644. Respectfully, Kenosian & Miele, LLP Attorney for UNIFUND CCR, LLC This communication is from a debt collector and1s anattempt to collect a debt.A--. __._II L- __ 1- n,
