Default Entered

Cal. Super. - 6th Dist.September 24, 2020

CIV-105 FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO.: NAME: JORDAN D. COOK CA BAR 179720/LORI N. WILLIAMS CA BAR 242985 EMILY PIERCE CA BAR 240084/KRISTEN BRINKERHOFF CA BAR 263579 FIRM NAME: STREET ADDRESS: 10680 TREENA ST., SUITE 500 CITY: SAN DIEGO TELEPHONE NO.: 866/428-8102 E-MAIL ADDRESS: LitigationFilingCA@portfbliorecovery.com ATTORNEY FOR (name):Portfolio Recovery Associates, LLC STATE: CA FAX NO.: ZIP CODE:92131 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N FIRST STREET MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: OLD COURTHOUSE Plaintiff/Petitioner: Portfolio Recovery Associates, LLC Defendant/Respondent: SUNSHINE ROYBAL; and DOES 1 TO 25 CASE NUMBER: I x I Entry of Default i x I JudgmentREQUEST FOR (Application) 20CV371149 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): September 24,2020 b. by (name): Portfolio Recovery Associates, LLC c. l X I Enter default of defendant (names): SUNSHINE ROYBAL d.l X 11 request a court judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): SUNSHINE ROYBAL (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e.|____ [Default was previously entered on (date): Judgment to be entered. a. Demand of complaint* b. Interest c. Costs (See page 3) d. Attorney fees e. TOTALS (*Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code, §§ 1788.58(a)(4), 1788.60(a).)) This action is not barred by the applicable statue of limitations (Civ. Code, § 1788.56). Requirements for the complaint a. The complaint alleges ALL of the following (Civ. Code, §§ 1788.58,1788.60): (1) That the plaintiff is a debt buyer; (2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the plaintiff is EITHER the sole owner of the debt ORhas the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (5) The date of the default OR the date of the last payment; (6) The name and address ofthe charge-off creditor at the time of charge-offin sufficient formso as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; 2. Amount Credits acknowledged Balance $3,527.97 $.00 $3527.97 $ $ $ $238.00 $ $238.00 $ $ $ $3,765.97 $.00 $3,765.97 3. 4. Page 1 of 3 Form Adopted for Mandatory Use Judicial Council ofCalifomia CIV-105 [Rev. January 1,2020] Code ofCivil Procedure § 585; Civil Code, § 1788.60 www.courts.ca.gov REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) 23420597 on 1/4/2021 10:17 AM Reviewed By: D Harris Envelope: 5536843 FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV371149 By: MVu 1/4/2021 CIV-105 PlaintifF/Petitioner: Portfolio Recovery Associates, LLC Defendant/Respondent: SUNSHINE ROYBAL; and DOES 1 TO 25 :ASE NUMBER: 20CV371149 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt; (8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser; and (9) That the plaintiff has complied with Civil Code section 1788.52. b. A copy of the contract or other document described in Civil Code section 1788.52(b) is attached to the complaint 5. Documentation requirements for default judgment. ALL of the following documents are submitted with this request for default judgment (Civ. Code, § 1788.60(a)-©); a. A copy of the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.52(b) regarding documentation, including for revolving credit accounts. b. Business records, authenticated through a sworn declaration, to establish: (1) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (2) The debt balance at charge-off, and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the chargc-off creditor, and the charge-off creditor's account number associated with the debt; (5) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt; and (6) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser. Date: Emily D. Pierce, Esq., Bar No. 240084 >7s/ Emily D. Pierce (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) r p I Defiult entened as requested on (date)-. ] Default NOT altered as requested (state reason)-. OR COURT SEONLY (2) Clerk, by Deputy 6. Legal Document assistant or unlawful detainer assistant (Bus. & Prof. Code. §6400 et seq.). A legal document assistant or unlawful detainer assistant I did I xdid not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay froma legal document assistant orunlawful detainer assistant, state a. Assistant's name: b. Street Address, city and zip code: Telephone no.:c. d. County of registration: Registration no.: Expires on (date): 7. LxJ Declaration under Code Civ. Proc.,§ 585.5 (for entry of default under Cod. Civ. Proc. §5<55(a,l).This action e. f. is X is not on a contract or installment sale for goods or services subject to Civ. Cod, § 1801 et seq. (Unruh Act) is X is not on a conditional sales contract subject to Civ. Code, §2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act) J is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., §395(b) a. b. c. I X lis [ CIV-105 [Rev. January 1,2020] Page 2 of 3REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act)23420597 12/23/2020 MVu X 1/4/2021 CIV-105 ;ASE NUMBER: 20CV371149 Plaintiff/Petitioner: Portfolio Recovery Associates, LLC Defendant/Respondent: SUNSHINE ROYBAL; and DOES 1 TO 25 8. Declaration of mailing (Code Civ. Proc., §587). A copy of this Request for Entry of Default was not mailed to the following defendants, whose addresses are unknown to plaintiff orplaintiffs attorney (names): b.| X mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney ofrecord or, if none, to each defendant's last known address as follows: a. (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): SUNSHINE ROYBAL 532 GTUFFRIDA AYE, APT 13 SAN JOSE CA 95123 I declare under penalty of perjury under the laws of the State of California that the foregoing items 6,7 and 8 are true and correct. Date: Emily D. Pierce, Esq., Bar No. 240084 /s/ Emily D. Pierce (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 9. Declaration of nonmilitary status (required for a judgment). No defendant names in item 1c of the application is in the irdlitaiy service as that item is defined by either the Service members Civil Re lief Act, 50U.S.C App. § 3911(2), or California Military and Veterans Code section 400 and 402(f). 10. Memorandum of costs (required if money judgment requested).Costs and disbursements are as follows (Code Civ. Proc., §1033.5) Clerk's filing fees.... Process server's fees Other (specify) $181.00 $57.00 a. b. $c. d. $ TOTAL................................................. I I Costs and disbursements are waived. I am the attorney, agent, orparty who claims these costs. To the best of my knowledge and belief this memorandum or costs is correct and these costs were necessarily incurred in this case. $238.00e. f. g- I declare under penalty of peijury under the laws of the State of California that the foregoing items 9 and 10 are true and correct. Date: Emily D. Pierce, Esq., Bar No. 240084 Ws/ Emily D. Pierce (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIV-105 [Rev. January 1, 2020] Page 3 of 3REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act)23420597 12/23/2020 12/23/2020 12/23/2020