Default PendingCal. Super. - 6th Dist.November 10, 2020on 9/8/2021 10:02 PM Reviewed By:D Harris Env #7227972 CIV-105 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: NAME: Anna C. Karkoon, State Bar #295797 Christine Siduguen, State Bar #240380 Paul J. Klemm, State Bar #199194 FIRM NAME: RAUSCH STURM LLP STREET ADDRESS: 250 N. Sunnyslope Road, Suite 300 CITY: Brookfield STATE: WI ZIP CODE: 53005 TELEPHONE NO.: (877) 215-2552 FAX NO: (877) 396-4464 E-MAIL ADDRESS: LawfirmCA@rsieh.com ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS; 191 NORTH FIRST STREET MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE, CA 951 13 BRANCH NAME; DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER: Galaxy International Purchasing, LLC DEFENDANT/RESPONDENT: ROGELIO RAMIREZ; GUADALUPE RAMIREZ FOR COURT USE ONLY REQUEST FOR (Application) Entry 0f Default Judgment CASE NUMBER: 20CV373249 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) On the complaint or cross-complaint filed 0n (date): November 10, 20209’ by (name): Galaxy International Purchasing, LLCb c. Enter default of defendant (names): ROGELIO RAMIREZ; GUADALUPE RAMIREZ d I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): ROGELIO RAMIREZ; GUADALUPE RAMIREZ (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. U Default was previously entered on (date): Judgment t0 be entered. Amount a. Demand 0f complaint* ......... $ 1 2,463.50 b. Interest ..................... $ c. Costs (seepage 3) ............. $563.85 d. Attorney fees ................. $ e. TOTALS .................... $13,027.35 $.00 $ $ $ $.00 Credits acknowledged Balance $ 12,463 .50 $ $563 .85 $ $ 1 3,027.35 (* Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code, §§ I 788.58(a)(4), I 788. 60(a).)) This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). Requirements for the complaint. a. The complaint alleges ALL 0fthe 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 0f the debt OR has the authority t0 assert the rights of all owners 0f the debt; (4) The debt balance at charge-off and an explanation 0f 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 0f the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor’s account number associated With the debt; Page 1 of 3 Form Adopted for Mandatory Use Code of Civil Procedure, § 585; JudicialCouncilofCalifornia REQUEST FOR ENTRY OF DEFAULT CivilCode, § 1788.60 CIV-105 [New January 1, 2020] (Fair Debt Buying Practices Act) www.courts.ca.gov 4146257 CIV-105 PLAINTIFF/PETITIONERZ Galaxy International Purchasing, LLC CASE NUMBER: DEFENDANTRESPONDENT: ROGELIO RAMIREZ; GUADALUPE RAMIREZ 20CV373249 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 0r 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 0f the contract 0r other document described in Civil Code section 1788.52(b) is attached t0 the complaint. 5. Documentation requirements for default judgment. ALL 0f the following documents are submitted with this request for default Date: 08/20/2021 judgment (CiV. Code, § 1788.60(a)-(c)): a. A copy 0f the contract 0r other document evidencing the debtor’s agreement t0 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) (2) (3) (4) (5) (6) That the plaintiff is EITHER the sole owner of the debt OR has the authority t0 assert the rights of all owners 0f the debt; 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 0r any subsequent purchasers 0f the debt; The date of the default OR the date 0f the last payment; The name and address 0f the charge-off creditor at the time 0f charge-off in sufficient form s0 as t0 reasonably identify the charge-off creditor, and the charge-off creditor’s account number associated with the debt; The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt; and The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form s0 as t0 reasonably identify each such purchaser. AflflfiflKaIkDE-n pw E?W (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) D Default entered as requested on (date): USE ONLY (2) D Default NOT entered as requested (state reason): Clerk, by , Deputy 6. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant 0r unlawful detainer assistant U did did not for compensation give advice 0r assistance With this form. If declarant has received any help 0r advice for pay from a legal document assistant 0r unlawful detainer assistant, state: a. Assistant’s name: c. Telephone no.2 b. Street address, city, and zip code: d. County of registration: Registration no.: f. Expires on (date): 7. Declaration under Code 0f Civ. Proc. § 585.5 (for entry ofdefault under Code Civ. Proc, § 585(a)). This action a. U is is not 0n a contract 0r installment sale for goods 0r services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. U is is not 0n a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is D is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). CIV'wS [Newmua’y 1’ 2°20] REQUEST FOR ENTRY OF DEFAULT Page 2 “3 4146257 (Fair Debt Buying Practices Act) CIV-105 DEFENDANT/RESPONDENT; ROGELIQ RAMIREZ; GUADALUPE RAMIREZ 20CV373249 PLAINTIFF/PETITIONER. Galaxy International Purchasing, LLC CASE NUMBER: 8. Declaration of mailing (Code Civ. Proc., § 587). A copy 0f this Requestfor Entry ofDefault was a. b. D not mailed to the following defendants, whose addresses are unknown t0 plaintiff or plaintiff’ s attorney (names): mailed first class, postage prepaid, in a sealed envelope addressed t0 each defendant’s attorney 0f record 0r, if none, t0 each defendant’s last known address as follows: (1) Mailed 0n (date): 08/20/2021 (2) T0 (speczfi/ names and addresses shown 0n the envelopes): ROGELIO RAMIREZ GUADALUPE RAMIREZ 2833 DAYO CT 2833 DAYO CT SAN JOSE CA 95148 SAN JOSE CA 95148 I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing items 6, 7, and 8 are true and correct. Date: 08/20/2021 AflflfiflKaIkDE-n yw 69W (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 10. Declaration of nonmilitary status (requiredfor ajudgment). N0 defendant named in item lc of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911 (2), or California Military and Veterans Code section 402(f). Memorandum 0f costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. b. Clerk’s filing fees .................. $370.00 Process server’s fees ................ $167.00 Other (specifiz) E-filing fees........... $26.85 .................................. $ TOTAL .......................... $563.85 D Costs and disbursements are waived. I am the attorney, agent, or party who claims these costs. To the best ofmy knowledge and belief this memorandum 0f costs is correct and these costs were necessarily incurred in this case. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing items 9 and 10 are true and correct. Date: 08/20/2021 AflflfiflKaIkDE-n yw 69W (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIV-105 [New January 1, 2020] REQUEST FOR ENTRY OF DEFAULT Page 3 of3 . 4146257 (Fair Debt Buying Practlces Act)
