DeclarationCal. Super. - 6th Dist.December 23, 2020ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 7/28/2021 4:42 PM Alex Calvo, Clerk By: Sandra Gonzalez, Deputy 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Adam Brumage, SBN'28'3-1‘80-‘° ' ‘ ' -- -- - Maria Bradish, SBN 288384 Don Phan-Huy, SBN 309853 Ryota Isozaki, SBN 321040 Derrick Uhri, SBN 321 161 Matthew W. Keim, SBN 33 1020 Eric Marquez, SBN 331023 Karlie D. Schafer, SBN 33 1884 Fabiola Rivera, SBN 334563 The Moore Law Group, APC 3710 S. Susan St, Suite 210, Santa Ana, CA 92704 P.O.Box 25145, Santa Ana, CA 92799-5145 Telephone: (800) 506-2652 Attorneys for Plaintiff, Discover Bank SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CRUZ MAIN COURTHOUSE, LIMITED JURISDICTION Discover Bank, CASE NO. 20CV02681 Plaintiff, DECLARATION RENON-ACTIVE vs. MILITARY STATUS ANTONIO FUENTES; 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 of the Moore Law Group, APC, counsel for Plaintiff in this matter. The facts contained in this declaration are based upon my review of the books and records of the Moore Law Group, APC, maintained in connection with this case. 2. Our ofce made inquiries and other efforts to determine whether Defendant is entitled to the protection of the Service members Civil ReliefAct. Based on the response received from the United . States Department ofDefense Manpower Data Center, the Defendant-is not on “active duty” status, as such term is used in the Service members Civil ReliefAct. A copy of the Report of the Department of Defense Manpower Data Center is attached hereto as Exhibit 1. /// N N N N N N N N N r- tr - Ar - Ap - Ar - Ab - Ar - Ar - Ar - Ir - I ‘I’decla‘re under penalty ofp‘é‘ljury'under the IaWS‘Of' the State’of California'that the foregoing-is true?“ * and correct. Dated: The Moore Law Group, APC JUL 252023 BY a“W Adam Brumage__Man'a Bradish_ Don Phan-Huy_ Ryota Isozaki_ D rrickUhri_Matthew W. Keim_ Eric Marquez arlie D. Schafer_ Fabiola Rivera__ Attorneys for Plaintiff EXHIBIT 1 (SCRA Certicate) SSN: Birth Date: ‘ SCRA 5.8 Last Name: FUENTES First Name: ANTONIO ' Middle Name: Status As Of: Jul-262021 Certificate ID: K4M3H9F9XPHXB18 H ‘ I f :On ActiveDutj On Agtive Duty Status Defe: Active Duty Stan'batel' ActiveDW End‘ Date; r 7 7 Statue "Service Component ' NA NA t _ ' ' - ' j ‘No’l’ NA This response retl‘éctsfttle individuals' 'active duty status based on the ActitleKDujy Status Date s ~ ‘Left Active Duty Vithin 367‘ Days oi Active Duty Status Date K‘ Active Duty Start Date Active DutyryEndDate ' 'Status‘ ' Service Component J NA '_ NA 712;}, , j. l. No NA This response reflects wherelttteaindividual left activeld'uty‘statuszivitnin-367 days preceding.the‘Active'Duty Status Date "A 'e’. . - The Mémbe; oEHi's/Hewnt; was Nqtitiéd om Futuié Can-Up to Active‘bu'ty 2:6 Active Dutyrsétus' Date. .A Otder Notification Start Date _ Service Component NA OrderNotificatton EndDate . ' I Status NAf’ ‘ ’ " «N'o NA This response reflects whether the individual or his/hercunit hasrepejv‘eo-ealriy notication to report tor active duty Upon searching the data banks of the Department of Defense Manpower‘Da‘taCeht‘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 Reporting System (DEERS) database which is the ofcial 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. § 3901 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 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 (035) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. 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. §. 3921 (c). I 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. I More information on “Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101 (d) (1 ). Prior to 2010 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 of the U.S. Public l-lealth 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.
