Declaration

Cal. Super. - 6th Dist.November 20, 2020

AARON BALDARO, Esq. - State Bar ¹261156 I SCOTT D. DYLE, Esq. - State Bar ¹300917 AMERICAN EXPRESS LEGAL 2 199 South Los Robles Ave., Suite 540 Pasadena, CA 91101 3 Telephone: (626) 660-0001 Fax: (626) 298-6716 4 aaron.n.baldaro aexp.corn Scott.D.Dyle@aexp.corn 5 Attorneys for Plaintiff American Express National Bank 6 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA - DOWNTOWN COURTHOUSE - UNLIMITED CIVIL 10 16 17 Defendant. 11 AMERICAN EXPRESS NATIONAL BANK, 12 Plaintiff. 13 vs 14 AARON FRERE S A/K/A AARON T 15 FRERES, ) ) Case No.: 20CV373837 ) ) DECLARATION FOR AN ORDER ) PERMITTING THE USK OF COPIES IN ) LIEU OF ORIGINALS IN OBTAINING ) DEFAULT AND DEFAULT JUDGMENT ) CIVIL ) ) ) ) ) ) 18 I, Scott Dyle, declare as follows: 19 1. I am an attorney at law, duly licensed to practice before the bar of this Court. I am 20 an employee of American Express, and I represent the Plaintiff American Express National Bank 21 ("Plaintiff') in this action. I have personal knowledge of the facts set forth herein and if called 22 upon to testify, I could and would do so competently under oath. 23 2. Plaintiff has asked this court to enter a default and default judgment in its favor 24 The relationship between Plaintiff and Defendant is governed by a written agreement. Plaintiff 25 mailed the original written agreement to Defendant after creating Defendant's American Express 26 credit card account. Accordingly, Plaintiff is unable to submit the original written agreement to 27 the Court. 28 -I- DECLARATION FOR AN ORDER PERMITTING THE USE OF COPIES IN LIEU OF ORIGINALS IN OBTAINING DEFAULT AND DEFAULT JUDGMENT Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/19/2021 12:09 PM Reviewed By: D Harris Case #20CV373837 Envelope: 5874577 20CV373837 Santa Clara - Civil D Harris 1 3. Despite all diligent attempts of plaintiff to locate same, the original written 2 agreement upon which the instant action is based, cannot be found and is presumed lost, stolen, 3 misplaced, or destroyed. 4 4. However, in conformity with California Rules of Court, rule 3.1806, a photographic 5 copy of the original agreement was made and preserved as part of Plaintiff's business records in 6 the regular course of Plaintiff's business and by one bound by an employment obligation to so provide. 8 5. Said copy of the original agreement has been attested to be accurate and complete 9 under penalty of perjury by the custodian of records of Plaintiff, the declaration of which has 10 been submitted in support of the request for default and default judgment submitted concurrently 11 herewith. 12 6. 1 have known and represented this Plaintiff for some time and am familiar with this 13 particular matter. I have no reason to believe that the copy so provided has been altered, 14 manipulated, or otherwise constructed and further find no evidence or reasons to believe that said 15 copy is not a true and correct copy of the original agreement. 16 7. For the reasons set forth above, it is hereby respectfully requested, by and through 17 this Declaration, that the exhibits attached to the request for entry of default and default judgment 18 submitted herein, be accepted in lieu of the originals pursuant to Evidence Code Section 1550. 19 True and correct copies of the account agreement and statements are attached hereto as Exhibit 20 "A" and incorporated by this reference herein. 21 22 1 declare under penalty of perjury that the foregoing is true and correct. Executed on Februarv 19. 2021, at Pasadena, California. 23 24 25 SCOOfTP. DYLE, ESQ. 26 27 -2- DECLARATION FOR AN ORDER PERMITTING THE USE OF COPIES IN LIEU OF ORIGINALS IN OBTAINING DEFAULT AND DEFAULT JUDGMENT