Notice of Hearing no feeCal. Super. - 6th Dist.February 4, 2020Electronically filed by Superior Court of CA, County of Santa Clara, on 11/10/2020 6:53 PM Reviewed By:D Harris Case #20CV362713 Env #5276101 20CV362713 Santa Clara - Civil D Harris 10 11 12 l3 l4 15 16 1'? 18 19 20 2]. 22 23 24 25 26 27 28 David Herrera (Manager ofDMI Home Solutions LLC, a Nevada Limited Liability Company) 5211 DeMarcus Blvd, Apt 362 Dublin, CA 94568 (5 1 0) 364-7924 Defendant In Pro Per SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF SANTA CLARA CHANGE FUNDING GROUP, CASE NO. 20CV3627 13 Plaintiff, NOTICE 0F MOTION T0 SET ASIDE AND VACATE VOID JUDGMENT; CCP §473(d) MEMORANDUM 0F POINTS AND AUTHORITIES; DECLARATION OF DAVE) HERRERA (MANAGER 0F DMJHOME SOLUTIONS LLC); v. ) ) i Defendant. ) EXHIBITA, B ) ) J ) DMJHOME SOLUTIONS LLC et al, DATE: August 20, 2020 TIME: 10:00 AM PLACE: 191 N FIRST STREET, SAN JOSE, CA 951 13 DEPT: T0 PLAINTIFF CHANGE FUNDING GROUP AND THEIR ATTORNEYS 0F RECORD: PLEASE TAKE NOTICE THAT on August 20, 2020, at 10:00 AM, or as soon after that as the matter can be heard, in the Dept. to be determined on a future date at the above-entitled Court located at 191 N FJRST STREET, SAN JOSE CA 951 13, Defendant, David Herrera (Manager ofDMJ Home Solutions LLC), will and does move the Court t0 set aside and vacate this void Judgement that was entered against him on February 4, 2020. MOTION TO SET ASDDE- l xxxxxxxxxxxx xxxxxxx 10 11 12 l3 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 The Motion will be made under Code of Civil Procedure § 473 (d) on the grounds that the Judgment is void as the courts lacked personal jurisdiction over Defendant due to the fact that he was never served as more fully set forth in the Declaration ofDAVlD HERRERA (MANAGER OF DMJ HOME SOLUTIONS LLC), and the Exhibit(s) attached thereto, attached hereto and incorporated herein by reference. The Motion shall be based upon this notice, the attached Points and Authorities in support thereof, the files and records of this case, and the Declaration ofDAVID HERRERA (MANAGER OF DMJ HOME SOLUTIONS LLC), and the Exhibit(s) attached thereto, attached hereto, and on such other and further oral and/or documentary evidence as may be presented at the hearing on this Motion. Dated: August 20, 2020MW David Herrera Manager ofDMJ Home Solutions LLC) IN PRO PER MOTION TO SET ASIDE- 2 10 11 12 13 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO SET-ASIDE AND VACATE VOID JUDGEMENT I. STATEMENT OF FACTS Plaintiffs filed a Judgment against Defendant on or about February 4, 2020 alleging: - The Judgement is being filed to enforce a Judgement entered against Defendant in the Supreme Court ofNew York, County of Kings by way of Confession ofJudgement signed solely by the Defendant and without the signed declaration of an attorney. - Plaintiff claims total judgment amount to be 512632421 ° Plainfiff filed No Proofof Service of Summons Complaint. See Plaintifls complaint onfile and attached as Exhibit A. A Judgment was entered against Defendant on February 4, 2020. Defendant contends the Judgment is void as the Court lacked personal jurisdiction over him as he was never served. Defendant contends that he was not made aware of the Judgment until August 2020. See the Declaration ofDavid Herrera (Manager ofDMJ Home Solutions LLC) and Exhibit(s) attached thereto filed and served concurrently and incorporated herein by reference. II. LEGAL ARGUNIENT The court should grant defendant’s motion to set aside the judgment in this action as void on its» face because no proof of service was filed. A. Relief from Void Judgment or Order. The court may, on motion of either party afier notice to the other party, set aside any voidjudgment or order (Code Civ. Proc. § 473(d)). B. Inherent Power to Set Aside Judgment Void on Its Face. A court has inherent power, independent of statute, to set aside ajudgment or order that is void on its face (People v. Greene MOTION TO SET ASIDE- 3 10 11 12 13 l4 15 l6 l7 18 19 20 21 22 23 24 25 26 2'7 28 (1887) 74 Cal. 400, 405-406, 16 P. 197; Hendrix v. Hendrix (1955) 13o Cal. App. 2d 379, 383, 279 P.2d 58). C. Test for Establishing That Judgment Is Void on Its Face. A judgment or order is void on its face when its invalidity appears from an examination ofthejudgment roll (People v. Davis (1904) 143 Cal. 673, 676, 77 P. 651; Carrasco v. Crafi (1985) 164 Cal. App. 3d 796, 808, 210 Cal. Rptr. 599). D. Judgment Roll When Complaint Not Answered. If the complaint is not answered by any defendant, the following papers, without being attached together, constitute the judgment roll: the summons, with the affidavit or proof of service; the complaint; the request for enny of default with a memorandum endorsed thereon that the default of the defendant in not answering was entered, and a copy of the judgment; if defendant has appeared by demurrer, and the demurrer has been overmled, then notice of the overruling thereof served on defendant’s attorney, together with proof of the service; and in case the service is made by publication, the affidavit for publication of summons, and the order directing the publication of summons (Code Civ. Proc. § 670(a)). IlI. CONCLUSION For the aforementioned reasons, Defendant David Herrera (Manager ofDMJ Home Solutions LLC) respectfully requests that the Court set-aside and vacate the judgment entered against him. Dated; August 20, 2020 David Herrera ;%anager ofDMJ Home Solutions LLC) 1N PRO PER MOTION TO SET ASIDE- 4 10 ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 DECLARATION 0F DEFENDANT DAVID HERRERA (MANAGER OF DMJ HOME SOLUTIONS LLC) I, David Herrera (Manager ofDMJ Home Solutions LLC), am the Defendantjn this matter, and I declare the following in support ofmy motion to set aside the default in my case: CONTENTS OF THE PROOF 0F SERVICE OF SUMMONS 1. Ihave reviewed the court file, and there is not a Proof of Service of Summons filed in this case ACTUAL IflVOWLEDGE OF THE JUDGEMENT 2. I first learned about this lawsuit in August 2020. The way Ifirst learned about this judgment was when Iwas sent an email communication from my bank lender stating they performed a routine title search and discovered an Abstract ofJudgement had been entered against me pertaining to a separate case No. 20CV364964. Ithen proceeded to look up the case online and after performing my own search Ifound out that this separate Judgment had been entered. See ExhibitB 3. I have attached the following exhibits to this declaration in support ofmy motion to set aside the default: a. Exhibit A: Copy ofJudgment Roll b. Exhibit B: Proof ofHow Actual Knowledge ofthe Judgment was Obtained 4. [respectfully request that the Court set-aside and vacate the Judgement entered against me as Iwas never served, and no proof of service was ever filed making the judgment void on its face. MOTION TO SET ASIDE- 5 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on August 20, at Dublin, California I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Dated: August 20, 2020 David Herrera (Ménager ofDMJ Home Solutions LLC) IN PRO PER MOTION TO SET ASIDE- 6 EX’HIbW A Case Information ZOCV362713 | Change Funding Group vs DMJ Home Solutions LLC et al Case Number Court File Date 20CV362713 Superior Court of Santa Clara - 0204/2020 Civil Case Type Case Status Enforcement of Judgment Closed/lnactive Unlimited (20) Party Plaintiff Active Attorneys v Change Funding Group Lead Attorney Jen, Jerry Ja-How Retained Work Phone 3108532298 Defendant DMJ Home Solutions LLC Aliases DBA DMJ Home Solutions Defendant Herrera, David Michael Joseph Disposition Events 02/04/2020 Judgment' Judicial Ofiicer Manoukian. Socrates P Judgment Type Other Clerk Judgment (CV) Judgment - Monetary Award Awarded To: Change Funding Group Awarded Against: DMJ Home Solutions LLC Herrera. David Michael Joseph Amount Damages: $118,317.65 Pre-Judgment Interest: $7,571.56 Costs: $435.00 Total: $126324.21 Party Names: Change Funding Group DMJ Home Solutions LLC Herrera, David Michael Joseph Events and Hearings 02/04/2020 Application v Comment $126324.21 02/04/2020 Judgment v Comment $1 26324.21 02/04/2020 Judgment: Notice of Entry (Civil) v Comment ISSUED 02/04/2020 Civil Case Cover Sheet 02/04/2020 Declaration: Interest v Comment $7571 .56 0" Ail Whi'ch we hanaused by these Presetho be exemplified, and th seal o‘f our said Court for said County to be hereunto affixed. wnusss, Hon. ” "m-WEWP SHERMAN A Justice of our Supreme Court In and for the Second Judicial District of said“ State, ' r ramans 1.5;": day or 5L, P wP-w za 12K, 0' ‘33- ‘??MWP$1M l: ' ' “ “ a Justice of the Supreme Court of the State of New York in and for the Second Judicial District thereof, do hereby certify. that Nancy T. Sunshine, whose name is subscribed to the preceding exemplification, is the Clerk of the County of Kings, and Clerk of the Supreme Court in and for said County, and that full faith and credit are due-to her official acts. l FURTHER CERTIFY, that the Seal affixed to said exemplification is the proper Seal of said Court of said County, and that the attestation thereof is in due form of law and bylthe proper officer. WITNESS my hand at the Borough of Brooklyn,this 27.11 day of gap 1-6mfigfi in the year 20 [7?y’ ‘ fmum P SHERMAN _ A Justice of'the Supreme Court of the‘ State ofNew York In and for the Second Judicial District. STATE OF NEW YORK} ss . C’erk- County of Kings, } I I --~..__ ._ ~ l, Nancy T. Sunshine, Clerk of the County of Kings, and also of the Supreme Coufit of said County in and for the Second Judicial District of said State (said_Court be_|ng a Court of Record), do hereby certify, that Hon. m_mflgmpm, g whose name is subscribed to the foregoing certificate, is a Justice of the Supreme Court of said State in and fi- the Second Judicial District, duly elected and sworn, and that the signéture of Said' - ' id Certificate is genuine. WHEREOF, l have hereunto set my hand and affixed ttheal of said County ' d f ' *ayo $691.6 [Bék Inthevearzo \9 I Clerk. o , o o i ' No. 3278I2|019 _fln L.r ~r-{1'“WQ- .,..;__ '3"t.” r M.’ H 1 n- .pq r _dim.” «a THE PEOPLE OFrT-HE ‘S'i'ATE OF NEW~YORK 3.).» J: -'~' «:f . . Wk“ ,5 BY THE GRAQE OFPGODfifiREE AND INDEPENDENT 4“" '._’ 1:“ 7'“ ha: 'u ‘ " ’ ‘-.‘I‘fil “xx L‘ ‘ Iv.1" k .. " . 1-.» s DLI“ . ‘ . j ' 1‘ ' . ‘ I I” ‘L‘ #3 32:. , -J' v . J I_. '. . ~?P J‘s? .‘h . ' ‘¢ , ' .' ‘ «$7 x .' 5. , ,. '5 1",”. . . d I .r ' v K “I E, A l... . J-P’?’ . 1 ‘ I ' " - _ x g , I KNOW YE . Ihat w‘e haVe Inspected the files and records in the ; ~ u . ioffice of the Clerk of the Co‘unty 6f Kings, at Brooklyn, in said ; 1’ g County,and do findacertam , é _ . ‘3 I I A. f § i . ug I. . {I ! 37.. .( . - {i ‘ I ' ‘ 7' V h _' r .. . U ’ § - , 1‘ -~ ‘1’ ‘ remainingrthere on filg 9r "on record In the words‘ and flgur‘és ' -. followmg, to Wit_ '- - jfizl‘x’f‘zw P I '3 u i‘ c ”I J i. . s. s é . r \ "I 5 L ‘ L" i v . "., '-. " ‘2. . t‘ ‘ .5 ' . . a , a I I’\ 5 x ' . . -’ ‘ > a x i p... ' 4 - . . “' ‘ "' T - 9 - . 4\, - ”a '- . -'. 3%. , - ' ' ‘ "w". Q, 5“ M .3“ u g" 1 . “L f iii)“ “3",..- M=qm~zg 4w ‘s_ ,1 I.“ I f “E. ~ ll i: '3." "t 'Z‘. t , i “K If “ .1 “ fa : , v. “’ -~ ‘. 1 r’ . .' - 1; _ *1 .r. $ ' . . V -. 1 w “ ‘1: ' C} p L ~” '‘.‘ 3! 3.; _:.;_ 1v. "F" 15‘} Pga f. >.’ . W.X I ' " . U . )f ~ . .5 ‘ . “wm~‘.,.__9r v. ’ .o :Ijnlflz‘ I 5‘ .__.:'. g ' . . ' i ' " ‘ Qdo hereby certify that on September _,6 2019 I have compareld .. I - 1,“ | iv; 1 y *IPJ. ‘ i e: ‘ the document attached hereto r ' 5 § . ‘. 3278/2019 Judgment filed 8/27/2019 page(s) 1-3 l. .- ,_ ‘ _.. . 3'. I‘ L Jr“ x": - 5‘s. '5: n- 3.4 " ' 1' "kc. :‘i gt 3"“33 J. ‘ . v " c v 1 V; lg“ ., ,1 * g ‘1’? a : ' ‘1‘ k 4”:- 1/ ' __ ‘5 p '61:; N.:T':W - ‘ A1 \NVBIVf’ I‘ :3 a) 2,. . x. i y. ‘ ,u'c ‘w‘ J L“ “T: .g-u‘mw. ‘N‘ __.c,_ . . ‘ififi V‘ I H‘ v J",‘ -‘__ "1' ‘therefrom anfof the wh’ole ofasuch>ong|nal In Witness . ., , __ ;,§. _ ‘M ‘ t; . d-J/ r‘ 0,:2' - 4_ A L r ‘ ?.?:f whereto l have affixed my Signature and seal. .H ~ :___,;r"f”hm ‘ 5 fl J. _ :6"!““Mmm ._4~..«‘ 45‘7““. O/b‘yDJw/éw NANCY T. SUNSHINE KINGS COUNTY CLERK J. ancy T Sunshine, County Clerk and Clerk of Supreme Court Kings County, with the originals f’lefidiin my office and the sameclsva. correct 'ti'I'anscrIpt . .._...,a~ w“ «Nuw. . '“w .4 mull. ' . . I SUPREME COURT 0F THE STATE 0FNEW YORK COUNTY 0F KINGS X Index No. CHANGE FUNDING GROUP ‘3 a 7 F“ l ? Plaintiff, against’ DMJ HOME SOLUTONS, LLC D/B/A DMJ HOME SOLUTONS JUDGMENT and 0F IDAVID MICHAEL JOSEPH HERRERA CONFESSIION I l Defendants. I X I Amountconfcssed............................: ....... , $112,423.00 Lass Amount Paid....................................... $17,984.00 Amount Due............................................. 894,44 l .00 Attomcy‘s Fees........................................ .. $23,610.25 Interest ...................................................... $41.40 .Costs by Statute ............................................ S 15.00 Filing Fee................................................... $2}0.00 Cost Total................................................... $225.00 Judgment Total............................................. $1 [8,3 l 7.65 STATE 0F NEW YORK, COUNTY OF KINGS: ATTORNEYS AFFIRMATION The undersigned. an attbmcy at law ofthe State ofNew York, affirms that he is one ofthc attorneys ofCHANGE FUNDINGGROUP attorney for the plaintiffherein and states that the disbursements afbove specified are conect and ttue and have been or will necessarily be made or incuned herein anld axe reasonable in amount and afiirms this statement to be true under the penalties ofperjury. Dated: August 27, 2019 E I Ariel Bouskil'a, Esq. Berkovitch & Bouskila, PLLC 1/477 Attorney for Plaintifi 80 Broad St Suite 3303fifiol New York, New York 10004 Phone: (2 12)729-l477 Pm“ml? Vm‘m ‘H I JUDGMENT meted me31 day ofM2049 I 0n filing the foregoing Afidavit of Confession of Indgnent made by the defendant'hemiu, sworn to the 6m day ofAngnst 2019 NOW, 0N MOTION 0F Ade:Emma, Esq. attorney torphintifiit is ADJUDGED that plaintifi' Change Funding Group, having an addms a! 160 Pearl St Suite 5 sNew York. New York 10005 does recovotofDMJ Homesow, LLC D/B/ADMJ Home Solutons- , . n/ l,having an mam or 2 piece Ave Apt 310 San Jose, CA 95110 and David Michael Jmepu firm having anmm at 1233 Murden Ln Limore, CA 94550."...gewmoMMWSf” in the amount of$23,610.25 with intemt of)6% in theamoMOfMlAQas nlculatedflu August 26, i3 I a I I a Index No. Year RJI No. Hon. SUPREME COUR T 0F THE STATE OF NEW YORK .COUNTY 0F KINGS CHANGE FUNDING GROUP Plaintifi', vagainst- DMJ HOME SOLUTONS, LLC D/B/A DMJ HOME SOLUTONS and DAVID MICHAEL JOSEPH HERRERA Defendants .,_ . .--._ JUDGMENT Ariel Bouskila, Esq. Berkovitch & Bouskila, PLLC Atromenyr Plaintifi' Ofiice andPas! Ofl‘tce Address. Telephone 80 Broad St Suite 3303 New York, New York 10004 US Phone:(212)729-1477 Fax:(347)342-3192 Scrvicc ofa copy of the within is hereby admitted. Dated, Attorney(s) for --------- _._.__._.._..--- .- Pléase take notice U Notice ofEng that the within is a (certified) true copy ofa duly entered in the ofiice of the clerk of the within name court on D Notice of settlemgm that an order of which the within is a true copy will he pmented for settlement to the HON. one ofthc judge‘s ofthe within named court, at on at Dated, Yours, etc. Anomey(s) for P090361 Rmml9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: TEL: 191 North Flm Street 191 North HtstStreet San Jose. CA 95113 Downtown Courthouse - CMI Division (408) 382-2100 PwmeFrPEnnONER: Chang Funding Group DEFENDANTIRESPONDENT: DMJ Home Solutions LLC et al D CCP 998 - Acceptance of Offer to Compromise D CCP 1 1 33 -- Confession of Judgment E CCP 171 0 - Judgment on Slster-State Judgment JUDGMENT BY CLERK D omen use NUMBER: 200V362713 . 1. Judgmen't ls Entered As Follows: lE Plaintiff(s) D Other: D Defendant(s) I 2. (Enter exact name(s) of Judgment Creditor(s).) i Chang Funding Group 3. Shall Recover From: D Plaintims) D Other: E Defendant(s) 4. (Enter exact name(s) of Judgment Debtor(s).) DMJ Home Solutions LLC. David Michael Joseph Herrera Principal s 1 1831 7.65 Pre-judgment interest $ 7571-56 Costs $ 435 Other $ Total Judgment $ 5 126-32421 Plus interest at the raggqbfgt' \nt from the date the Judgment ls entered until paid 17 ' r O “ / t) ." ' Date; 2/412020 Clerk of the Court Clerk. by Y' Lai . Deputy CV-5024 REV TIDZIOB JUDGMENT BY CLERK | page 1 on AmRNEYORPARTYWTHOUT WNW Nam mumw “Jam. Jen. Esq. (Bar32532435 ‘ ‘" " d' Jen Law Firm, A Professional Corporation 5777 W. Century Blvd., Suite 880 Los Angeles, CA 90045 'TaEPHons Mo; $31.0) 853-2298 .moanevron Name}.- lamtxff, Change Fundm ' #3) uxii g 'c um m: (310) 295-2418 Grou- smsET moness: 191 North First Street MAILING ADDRESS: 191 North First Street awmozm cons: San Jose 95 1 13 CML CASE COVER SHEETm Unlimited D Limited (Amount (Amount Complex Case DesignaflonD Counter D Joinder demanded demanded is Filed with first appearance by defendantexceeds 525.000) $25,000 or less) (Cal. Rules cf Court, rule 3.402) Items 1-6 below must be com - Ieted (see instructions on . Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) D Breach of comrawwanamy (06) Uninsured motorist (4s) D Rule 3.740 oouecuons (09) other Puporwo (personal InjuryIPa-openy D Other collections (09)DamagelWrongful Death) Ton lnsurance coverage (1 3) Asbestos (04) E omer contract (37)Product liability (24) Rea' propertyD Medial malplaatioe (45) Provisionally Complex Civil Litigatlion (Cal. Rules of Court, miss 3400-31403)D Antiuuszmade regaiaaon (03)?D Construction dared (10)D Mass tort (40) i E Securities Imgau'on (28) -Environmentalfroxic tort (30)E Other pl/Potwp (23) Non-PIIPDIWD (Other) Tort E. Business tommfair business practice (07)D Civildghmos)D Defamationua)D mums)DD Intellectual property (19)Professional negligence (25) E3 omernon-Pupn/wo tort (35) Em laymen:fl Wrongful tanninauonaa)D Other employment (15) D Eminent domannunverse condemnation (14)E Wrongmlavicfionaa) Other real property (26) Unlawful Detalner Commerdalm)D Residentiauaz)D Drugs(38) Judicial Review Asset forfeiture (05)D Petition re: arbitration awatd (11)D wm or mandate (02)- omer udicia1miew 39 D Insurance coverage claims arising from the above listed provisumally complex ease types (41 ) Enforcement of Judgmentm Enforcement ofjudgment (20) Mlseellanaous civil Complain!D Rlco (27)D Other mmplaim {not spuifled above) (42) Miscellaneous Civil PefifionD Parulership and corporale governance (21)D Other petition (no: specified ab'cve) (4a) 2. This case - is n is not complex under rule 3.400 of the Califomia Rum of Conn. If ihe case ls compl'ex. mark thefactors requiring exceptional judicial management a.D Large number of separately represented parties d.D Large number of witnesses b.D Extensive motion practice raising difficult or novel e.D Coordination with related actions pendihg in one or more courtissues that will be fime-consuming to resolve ' in other counties. states, or counties, or in a fe'deral court c.D Substantial amount of documentary evidence f. D Substantial postiudgmentjudicial supetvision r3. Remedies sought (check all that apply): am monetary hm nonmonetary: declaratOry or injunctive relief ¢- Epunifive4. Number of uuses of action (specify): N/A 5. This case D is m is not a class action suit. 6. If there are any known related cases, file and serve a notlce of relamd use. (You m Date: 01/20/2020 Jerry J. Jen, Es . - Attorney for Plaintiff (TYPEORPRWTNAME) o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims eases or 4:93 filedunder the Probate Code. Family Code. or Weifare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure tq file may mullin sanctions. ' Fie this cover sheet in addition to any cover sheet required by low court rule. o If this case is complex under rule 3.400 et seq. of the Califomla Rules of Court, you must serve a ccpy of this cover sheet on allother parties lo the action or proceeding. o Unless this is a collections case under rule 3.740 or a compiex use. this cover sheet will be used for statistical purpom onl . CIVIL cASE COVER SHEET Mopua tu- ManamaDu" Judflll Owndl M what].mum[nu Jury 1. noon ca. Rules! Cam. rulnnzzoza. 3.4091403, 3.740; eaL swamovum:mm.m 3.10 INSTRUCTIONS 0N HOW TO COMPLETE THE COVER SHEET CMJW To Plaintiffs and Others Filing Flrst Papers. If you are filing a first paper (for example, a complaint) in a civil case. you must complete and file, along with your first paper. the Civil Case Cover Sheet contained on page 1. This Information wlll be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1. you must checkone box for the case type that best describes the case. 1f the case fits both a general and a more specific type of case listed in item 1. check the more specific one. If the mse has multiple causes of action, check the box that best indimtes the primary cause of action. To assist you in completing the sheet. examples of the cases that belong under each use type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party. its counsel. or both to sanctions under rules 2.30 and 3.220 of the Caiifornia Rules of Court. To Pmles In Rule 3.740 Collections Cases. A “collections wse' under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25.00!), exclusive of interest and attorney's fees, arising from a transaction in which property. services, or money was acquired on credit. A collections case does not Include an action seeking the following: (1) tortdamages, (2) punitive damages. (3) recovery o! real property, (4) recovery of personal property. or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general fime-for-service requirements and use management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties In Complex Cases. In complex mses only. parties must also use the Civil Case Cover Sheet to designate whether theass is complex. lf a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court. this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be sewed with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation. a counter-designafion that the use is not complex, or. the mse is complex. Auto Tor: Auto (22)-Personal lnjuryleperty DamageANrongful Death Uninsured Motorist (46) (if (ha case involves an uninsured moton'st claim subject to arbitration, check this item instead oMuto) Other PUPDMID (Personal h ulyl Propeny DamageIWrongful eath] Ton Asbestos (04) Asbestos Property Damage Asbestos Personal Injury] Wrongful Death Product Liability (no: asbestos or toxic/envimnmental) (24) Medical Malpracfice (45) Medial Malpractice- Physicians & Surgeons , Other Professional Health Cate Malpractice Other PUPD/WD (23) Premises Liability (6.9., sfip and fall) Intentional Bodily InjutylPDlWD (e.g.. assautt, vandalism) Intentional lnfliction of Emotional Distress Negligent Infllction of Emotional Distrsss Other Pl/PD/WD CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/Lease Contrad (no! unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of ContracllWananty Collections (9.9.. money owed. open book accounts) (09) Collecfion Casoéeller Plalnfitf Other Promfissory NoteICollecflons Case Insurance Coverage (notpromlanally complex) (18) '- Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainflnverse Condemnation (14) Wrongful EvIcflon (33) O&er Real Propetty (e.g.. quiet tine) (26) Writ of Possession of Rel Property Mortgage Foreclosure Qulet Title I Other Real Property {riot eminent domain, Iandlord/tenant. or ifthe plaintiff has made no designation. a designation mat Provisionally Complex Civil Litigation (Cal. Rules of Coun Rules 3.400-3.403) Antitrusthx-ade Regulation (03) Construction Defect (10) Claims lnvoiving Mass Tort (40) Securities Litigation (28) Environmentalfroxic Ton (30) Insurance Coverage Gaims {arising from provisionally complex mse type Iisxed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) . Confession of Judgment (non- domostic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Pefition/Certification of Entry o! Judgment on Unpaid Taxes OthecraEsrgorcement of Judgment Miscellaneous Civil Complaint RICO (27) 01her Complaint (not specified above) (42) Declaratory Relief Only lnjuncfrve Relief Only (non- harassment) Mechanims Lien OIher Commercial Complaint Non-PIIPDIWD (Other) Tort {ONC’QSU’W omefaos'si:(ncoolgg|’a’i/Zton-commv Business Tort/Unfair Business unhwml De‘a'm' (non-ton/non-complsx) . .P'agice (O7) . . . commerda’ (31) Miscelaneous Civil PetitionCMI Rtghts (e.g.. fiscrmnatlon. Residential (32) Eametship and Corporate - -..faise arrest) (not civil Drugs (38) (inns case involves mega! {i (3093,115an (2'1) - - .. I .harassment) (03) dmgs- cheek "’59 ”9’"; 09mm- Other Petition (not specifiedDafamauon (e.g., siander. libe|) report as Commercial or Residential} above) (43)(13) Judiciau Review Civil HarassmentFraud (16) Asset Forfeiture (05) . wmpiace leencaIntellectual Property (19) Pefiflon Re: Arbitration Award (1 1) EIder/DependenmduuProfessional Negfigence (25) Writ of Mandate (02) seLegal Malpractice Wn't-Adminbtralive Mandamus Eleagon Contes‘Other Professional Malpractioc Writ-Mandamus on Limlted Court petmon f0, Name Change(not medical orlegal) Case Matter petition for Relief From Late E lOther N:n-PllPD/WD Tort (35) Writ-Other Limited Court Case Gaim . "IF Wine" _ _ Review Other Civil PefifionWrongful Temunahon (36) omer‘ludldal Review 3g)Other Employment (15) Review of Health moer Order Notice of Appeal-Labor Commissioner Appeals ammonia.M, 1. 20m CIVIL CASE COVER SHEET Pan. 2 912 ATTORNEY OR PARTY WITHOUTATTOREY (Name“Amt WE NO:Jerry J. Jen, Esq. (Bar #263243) 310-853-2298Jen Law Firm, A Profxsional Corporation 5777 W. Century Blvd., Suite 880 Los Angeles, CA 90045 Arrow roamumor. Plaintiff, Chan e Fundin ' Grou «macrcouar: upenor Court- of California, County of Santa Claramast Ananss: 191 North First Street wanna ADDRESS: 19] North First Street ummzm cone: San Jose 951 l3 amen uma- Downtown Su erior Court PLAINTIFF: Change Funding Group FOR COURTUSE ONLY DEFENDANT: DMJ Horne Solutons, LLC ct. al. 1. To JUDGMENT DEBTOR (name): DMJ Home Solutons, LLC d/b/a DMJ Home Solutons and .David Michael Joseph Herrera _‘ ' 2. YOU ARE NOTIFIED a. Upon applimtion of thejudgment creditor. a judgment against you has been enteted in this court as follows:(1) Judgment creditor (name): Change Fundlng Group (2) Amount ofjudgment entered in this court: s 126,324.21 b. Thisjudgment was entered based upon a sister-state judgment previously entered against you as follows: (1) Sister state (name): New York (2) Sister-state court (name and location). Supreme Court of the State ochw York County ofKings360 Adams Street, Brooklyn, NY 11201 (3) Judgment entered In sister state on (date): August 27, 2019 u- .p- (4) Title ofwse and mse number (specily): Index No.: 3278/2019Change Funding Group v. DMJ Home Solutons, LLC et. a1. A slster-state judgment has been entered against you In a California court. Unless you filo a motion to vacatethe judgment in this court within 30 DAYS after service of this notice. this Judgment will be final. This coun may order that a writ of execution or other enforcement may issue. Your wages, money, and propertycould be taken without further warning from the court. If enforcement procedures have already been issued, the property levied o' after you are served with thls notice. 4-D Monce 'ro THE PERSON SERVED: Y I- served la.D as an individual judgment debtor. I b.E under the fictitious name of (speciM: aD on behalf of (speciM: Under.D ccp 416.10 (corporation) E cop 41s.eo,(minor)CCP 41 6.20 (defunct corporation) CCP 416.70‘(oonservatee)CCP 41 6 4O (association or partnership) D OCP 416.90 (individuai)D other: (Proof ofservice on reverse) Mmmwd05mm -‘ NOTICE 0F ENTRY 0F JUDGMENT on cu:mgmgm[J.no [Rummy 1. 133) S'STER'STATE JUDGMENT I ‘0. -- PROOF OF SERVICE 3 (Use separate proof ofservlce for each person servem _-1. .I geljg'ed' thé Ngfipg‘ofiEnUy of Judgment on Sister-State Judgment as folloWs: ' . afori judgment'gebtb3Jname):“ “' 1.121%; 1-4; «‘2’: ' - .1 524:: b, by serving “‘4‘ '- Ej‘g’dgment debtor E other (name and rifle or relationship to person served): y ' I "q; < _‘\ -’ ‘I 3 . , ~- r c. D by dgljvery E’ athome D at business (1)da}e;: t 1-!" (2) ziFn‘e:= (3) address: 1‘ “" d.D bymailing (1) data: (2) place: 2. Mamer of seMce (check proper box): a. Personal service. By petsonally delivering copies. (CCP 415.1 0) b. Substituted service on corporation. unincorporated association (lncludlng partnership), or public entity. By leaving. during usual office hours. copies in the office of the person served with the person who apparent! was in chayge and thereafter mailing b first-class mail. postage prepaid) copies to the person served at the place re the comes were Iefl. (CCP 41 5.20 ay) . ‘ c. D Substituted service on natmal person, minor. conservatee. or candidate. By leaving copies at the dwelling house, usual place of abode, or usual lace of business of the person served in the presence of a competent member of the household or a person appatentgl In charge of the office cg place of business, at least 18 years of age. who was. informed of the general nature of the papers. and thereafler mailln%6bg first~dass mail. postage prepaid) copies to the person served at the place where the copies were left. (CCP 415. ( )) {Attach separate declaration or affidavit staring acts relied on to establish reasonable diligence in first attempt ng persona! service.) d.E Mail and acknowiedgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served.t ether with two cages of the form of notice and acknowledgment and a retum envelope. postage prepaid. addresse to the sender. (C P 415.30) (Attach completed acknowledgment ofreceipt.) e.D Certified or registered mail service. By maning to an address outside California (by first-class mail, postage prepaid, reauiring a return receipt) copies to the person sewed. (COP 415.40) (Amm signed relum receipt or other ev dance ofactual dellvery to the person served.) f. E Other (specify code seca‘on):E Additional page is attached. 3. The "Notice to the Person Served“ was completed as follows: a. i: as an individualjudgment debtor. b. as the person sued under the fictitious name of (special): a E on behalf of s ecify): under. é ccp 416.1 o (corporation) CCP 41 6.60 (minor) D other:cop 416.20 (defunct corporation) cop 41 6.70 (conservatee) ccp 416.40 (association or partnership) D CCP 41 5.90 (individual) 4. At the time of service I was at least 18 years of age and not a party to this action. 5.Feeforservioe:$ ’3‘ {3 1". 3' 5 9‘ .1 ‘ 5 '5‘) 6. P serving: a. California sheriff. marshal. or constable. f. Name. address and telephone number and. ifapplicable, b.3 Registered California process server. county 0‘@mflofl afld "When a .E] Employee gr Independent contractor of a redsterad Cahfomua process server. d. Not a registered California process server. e. Exemgt from registration under Bus. & Prof. Code 22 50m I declare under penalty of pedury under the laws of the r California shadfi' marshal, or constab! e on State of Califomia that the foregoing is true and correct. {R’ ' e "s 'y’ l certify that the foregoing Is true and conect. Date: Date: } . )WW (SIGMTU IEJ-HOI a ATTORNEY 0R PARTYmuouT ATTORNEY (NamnndAmIss): I&EPHONE NO; Fogcouurussmy Jerry J. Jen, Esq. (Bar #263243) 310-853-2298 Jen Law Firm, A Professional Corporation 5777 W. Century Blvd., Suite 880 _ Los Angeles, CA 90045 Emoanevpoa (um; Plaintiff, Change Funding GrouL E L NAME 0F COURT Superior Court of California, County of Santa Clara smes'rmoness: 191 North First Street - mum;mmss. 191 North First Street FEB 4 2cnvmuzpcona San Jose 95113 ¥ anmcu NAME: Dovgntodwn Superior Court i PLAINHFF: Change 1m ing Group ' égfiéfimaDEFENDANT: DMI Home Solutons, LLC et. a1. ' case nausea APPLICATION FOR ENTRY OF JUDGMENT ON SlSTER-STATE JUDGMENT U | !D AND ISSUANCE 0F WRIT 0F EXECUTION 0R OTHER ENFORcEMENT \D AND ORDER FOR ISSUANCE 0F WRIT 0R OTHER ENFORCEMENT 20 C V 3 6 2" 7 1 3' Judgment creditor applies for entry of a judgment based upon a sister-state judgment as follows: 1. Judgment creditor (name and address): CHANGE FUNDING GROUP _ 160 Pearl St Suite 5 ' New York, New York 10005 2. a. Judgment debtor (name): DMJHOME SOLUTONS, LLC dlb/a DMJHOME SOLUTONS; DAVID MICHAEL JOSEPH HERRERA b.E An Individual (last known residence address): DAVID MICHAEL JOSEPH HERRERA 2 Pierce Ave. Apt 310, San Jose, CA 951 10 c. m A corporation of {specifyplace ofincorporation): DMJ Home Solutons, LLC dfb/a DMJ Home Solutons Registered Agents Inc-Agcnt for Service-4730 S. Fort Apache Rd, Ste 300 Las Vegas,NV 89147 (”m Foreign corpomtionm qualified to do business [n CaliforniaD not qualified to do business in California d. E A partnership {specify principal place ofbusiness): (1)D Foreign partnership which has filed a statement under Corp c 15700 _. has not filed a statement under Corp C 15700 3. a. Slster state (name): NEW YORK b. Sister-state court (name and location): Supreme Court of the State ofNew York County ofKings 360 Adams Street Brooklyn, NY 11201 c. Judgment entered In sister state on (dare). August 27, 2019 4. An authenticated copy of the slster-state judgment is attached to this Application. hdude accrued intereslt on the - sister-state judgment in the Califomiajudgment (item 5c). a. Annual interest rate allowed by sister state (speciM: 16% PERANNUM b. Law of sister state establishing interest mte (Spedal): §5-501 (I) 5. a. Amount remaining unpaid on stster-state judgment................................. ......... 5 1 18,3 17.65 b. Amount of filing fee for the application: ............................................................ s 43 5.00 c. Accrued Interast on slster-statejudgment: ................................................. '....... $ 7,571.56 d. Amount ofjudgment to be entered (total of 5a, b, and c): ................................. S 126.324.21 (Continued an reverse) ' Jamamaazm APPLIcATIou FOR ENTRY 0F JUDGMENT 0N ccpmm 54-105m. .My 1. 19m] ISTER-STATE JUDGMENT mu” SHORT TITLE. CHANGE FUNDING GROUP v DMJ HOME casemam SOLUTONS, LLC et. a1. 6.D Judgment creditor also applies for issuance of a writ of execution or enfomemem by other means before seivice of notice of entry of judgment as follows: a. D Under cop 1710.45(b). b- D A court order is requested under CCP 1710.45(c). Facts show'ng that great or ln’eparabte injury will result to judgment crecfitor if issuance of the writ or enforcement by other means ls delayed are setfonh as foilows: D conflnued in attachment 6b. 7. An action In this state on the sister-stateludgment l_s not barred by the statute of llmitations. 8. lam informed and believe that no stay of enforwment ofthe sister-state judgment is now in effegt in the sister state. ' 2"" ‘ 9. No action is pend'ng and no judgment has previously been entered in any proceeding in Caifdrhié'based upon {he éister-state judgment. l declare under penalty of pedury under the laws of the State of California that the foregoing ls hue and corred excebt as to those matters which are stated to be upon Information and belief. and as to muse matters I believe them to be true. Date: 01/20/2020 Jcn'y Jen, Esq. -Attorncy for Judgment Creditor } ' ............................ (TYPEonPfimwua (sxemmRKOF1006mmmmalum” E+zosm.uy1. 19“! APPLICATION FOR ENTRY OF JUDGMENT 0N SISTER-STATE JUDGMENT ”'9‘“ 710 11. 12 13 14 15 16 17 18 19 20 21 22 Z4 25 Jerry J. Jen, Esq. (Bar No.: 263243) JEN LAW FIRM, A.P.C. 5777 W. Century B1vd., Suite 880 Los Angeles, CA 90045 Telephone: (3 1 0) 853-2298 Facsxmile: (3 l 0) 295-24 I 8 Attorney for Petitioner and Judgment Creditor, CHANGE FUNDING GROUP SUPERIOR COURT OF THE STATE 0F CALIFORNIA FORTHE COUNTY OF SANTA CLARA J CHANGE FUNDING GROUP; Case No. 2 Q C V 3 6 2 71 ‘3 Petitioner, DECLARATION REGARDING v. CALCULATION 0F ACCRUED INTEREST IN SUPPORT 0F DMJ HOME SOLUTONS, LLC d/b/a DMJ APPLICATION FOR ENTRY 0F HOIvE SOLUTONS and DAVID MICHAEL JUDGMENT 0N SISTER-STATE JOSEPH HERRERA JUDGMENT Respondents. I, JERRY JEN Do HEREBY STATE AND DECLARE: 3 1) That I am one of the attomey's for Petitioner and Judgment Creditor CHJLNGE FUNDING GROUP; (“Judgment Creditor”) in the above referenced matter. 2) I am making this declaratiOn in Support of Judgment Creditor’s' Applicati n for Entry of Judgment on Sister-State Judgment, to substantiate the calculation of accrued interest afterjudgment, as set forth in such application. 3) That based on the Judgnent issued by the Supreme Court of the State of New York Couilty of Kings, in favor of Judgment Creditor, and against Respondents and Judgment Debtors DMJ HOWE SOLUTONS, LLC d/b/a DMJ HOME SOLUTONS and DEAVID MICHAEL JOSEPH HERRERA (hereinafier as “Judgment Debtors"), judgment was entered for the sum of$1 18,3 1 7, which shall bear interest at the prcvailing legal interest rate. DECLARATION REGARDDJG CALCULATION 0F ACCRUED INTERESTm SUPPORT 0F - APPLICATION FOR ENTRY 0F JUDGMENT 0N SISTER-STATE JUDGMENT Page l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _-.-_. . 4) That to be best ofmy knowledge, no payments have been made by or on behalf of the Judgment Debtors towards the satisfaction of the New York judgment entered against Judgment Debtors. 5) Pursuant to the Judgncnt issued by the New York State judgment, plus “ inéerest of 16%...” pursuant to §5-501(1). " 6) The simple interest calculations on the unpaid balance of the judgment are as follows: , From 08/27/2019 through 01/20/2020: ’ $ 118,317.65 x 16% = $18,930.82 per year $1 8,930.82 per year divided by 365 days a $51 .86 per day From the date ofjudgment 08/27/201 9 thorugh 01/20/2020, there are 146$. LEMMA! X 51- = fii’fl-aié ! I declare under penalty of perjury of the laws of the State of California that the forelgoing is true and correct. Executed at Los Angeles, California, on January 20, 292.11- _-\ (1.67ng Jerry J;{,Esq. DECLARATIONREGARDmG CALCULATION OFACCRUED NTERESTm SUPPORT 0F APPLICATION FOR ENTRY OF JUDGMENT 0N SISTER-STATE JUDGMENT Page 2 8/17I2020 dmjhomesolutlonscom Mall - New Item on Title - 10410 N Stelllng EXHIBIT 6tM «ma 37,3“ David Herrera 'iew item 0n Title - 10410 N Stellinq 8 messace: Joe Gigliello Thu, Aug 13. 2020 at 11:21 A‘s To: David Herrera Cc: Brad Rust