Default EnteredCal. Super. - 6th Dist.November 20, 2020on 3/30/2021 8:59 PM Reviewed By: D Harris Envelope: 6142971 CIV-lOS li-MAII. ADDRESS (Optional): ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar No.2 305741 / MANASI TAHILIANI, State Bar No.: 272821 / CHRISTINA ARNOLD, State Bar No.: 297590 / HYO JlN JULIA JUNG, State Bar No.: 3 16090/ MELINE GRIGORYAN State Bar No. 321 133 / MICHAEL D. KAHN, Slate Bar No.: 236898 / NlCHOL ALAN DE GUZMAN State Bar No.: 314989/CAMRYN P BERK Stale Bar No.. 317565 MIDLAND CREDIT MANAGEMENT INC 350 CAMINO DE LA REINA SUITE 100 Kelsey Kenealy Henry 330106 SAN DIEGO, CA 92l08 ‘ ‘ TELEPHONE N0: (866) 300-8750 IAx No.- (877) 209-4493 ATrORNEY Fox (Name).- MIDLAND CREDIT MANAGEMENT. INC. SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA MAILING ADDRESS: CITY AND zwconE: SAN JOSE CA 951 l3 STREEr ADDRI-SS: I91 N. FIRST ST BRANCH NAME: DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONERZ MIDLAND CREDIT MANAGEMENT, INC. DEFENDANT/RESPONDENTZ VICK J SOM n REQUEST FOR E Entry or Default E Judgment CASE NUMBER: (Application) 20CV373863 NOTICE: Plaintiff is a debt buyer and is required to use this form pursuant t0 the Fair Debt Buyihg Practices Act (C.C.P. § 1788.50 et seq.) On the complaint 0r cross-complaim filed a. on (date): November 20. 2020 b. by (name): MIDLAND CREDIT MANAGEMENT, INC. c. E Enter default of defendant (names): VICK J SOM d. E I request a judgment under Civil Code section I788.60 and Code of Civil Procedure section 585 against defendant VICK J SOM: (Testimony mm be required. Check with the clerk regarding whether a hearing dare ts needed )D Default previously entered on (date):e. 2. Judgment t0 be entered. Amount Credits acknowledged Balance a. Demand of complainl“ ............................. $16.95 l .64 $0_.00 $16,95 l .64 b. Interest .............................. .. $0.00 $0.00 c. Costs (see page 3).. $460.90 $460.90 d. Attorney fees ...... .. e. TOTALS ..................................................... $17,412.54 $0.00 $l7.4l2.54 * Must be established by business records. authenticated through a sworn declaration, submitted with this application. (Civ. Code §§ 1788.58 (a)(4), l788.60(a). 3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL ofthe following (Civ. Code, §§ 1788.58, 1788.60): (1) That the plaintiffis a debt buyer; (2) A short, plain statement regarding the nature 0f the underlying debt and the consumer transacfion from which it is derived: (3) 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; (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 lhe charge-off creditor of any subsequent purchasers of the debt; (5) The date of the default OR the date 0f the last payment; (6) The name and address of 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 l of3 Forfn'Adoptedfor Mandatory Use REQUEST FOR ENTRY 0F DEFAULT Code of Civil Procedure. § 585; Judlcml Councnl of Cnlifomia . . .CW4” {Rem January L 2020] (Fair Debt Buying Practices Act) Civil Code. § 1788.60 I www,couns.ca.gov CA_04OOG File No.: 20-214l79 FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373863 By: DHarris 03/30/2021 L CIV-105 CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. rzocv373863 DEFENDANT/RESPONDENT: VICK J SOM 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor‘s records prior lo the sale 0f 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 of other document described in Civil Code section l788.52(b) is attached t0 the complaint. 5. Documentation requirements for defaultjudgment. All of [he following documents are submitted with this request for defaultjudgment (Civ. Code. § l788.60(a)-(c)): a. A copy of the contract 0r other document evidencing the debtor's agreement t0 the debt, authenticated through a sworn declaration. See Civil Code section l788.52(b) regarding documentation, including for revolving credit accounts. b. Business records, authenticated through a sworn declaration, to establish: (l) 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 of any subsequent purchasers of the debt; (3) The dale 0f the default OR the date of the last payment; (4) The name 0f address 0f [he charge-off creditor at the lime of charge-off in sufficient form solas to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; (5) The name and last known address of [he debtor as they appeared in the charge-off creditor's records prior t0 the sale of the debt; (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; and Date: Z'IZ'BIZ’I _ JACK H. POGOSIAN/ MANASI TAHILIANI ; /_ CHRISTINA ARNOLD/ HYo JIN JULIA JUNG :_' Kelsey Kenealy Henry 330106 MELINE GRIGORYAN/ MICHAEL D. KAHN-‘ NICHOL ALAN DE GUZMAN lmCAMRYN P. BERK > (TYPE 0k PRINT NAME) I (SIGNATURE 01:mmmm: 0R ATTORNEY mk I’LAINTIFF) l D f lt t d : FOR COURT ( ) D e au en ere as requested 0n (date) USE ONLY (2) D Default NOT entered as requested (stare reason): Clerk, by: . Deputy 6. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 e! seq.). A legal document assistant or unlawful detaincr assistant D did g did not for compensation give advice 0r assistance with this form. (lfdeclaram has received any help 0r advicefor payfrom a legal document assistant or unlawful detainer assistanl, state): a. Assistant's name: b. Street address. city, and zip code: Telephone no.2 County of registration: Registration no.: Expires on (date): rwsvap 1 7. g Declaration under Code of Civil Procedure Section 585.5 (requiredfor entry ofdefault under Code Civ. Proa, § 585(a)). This action a. D is E is not on a contract or installment sale for goods or services subject lo Civ. Code, § 180| et seq. (Unruh Act). b. D is E is not on a conditional sales contract subject t0 Civ. Code, §298l et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E is D is not on an obligation for goods, services, loans. or extensions 0f credit subject lo Code Civ. Proc., § 395(b). Page 2 of 3 CiV‘105 [RCV- January l- 2020] REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) CA_04OOG File No.: 20-214179 03/30/21X DHarris ClV-105 CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. 20CV373863 i DEFENDANT/RESPONDENT: VICKJ SOM 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Requestfor Entry ofDefault was a. D not mailed to the following defendants, whose addresses are unknown t9 plaintiff or plaintiffs attorney (names): b. E mailed firsl-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant‘s last known address as follows: (1) Mailed on (date): MAR 1 g 2021 (2) To (specify names and addresses shown on the envelopes): VICKJ SOM 10289 MURTHA DR SAN JOSE, CA 95 I 27-4] 33 I dccl de na perjury under the laws of the Slate of California that the foregoing items 6. 7, and 8 are true and correct. Datezafiflfi 1pg m2)! “é ..... JACK H. POGOSIAN/ MANASI TAHILIANI '. CHRISTINA ARNOLD flHYo JIN JULIA JUNG o ,efsey Kenea'y Henry 330106 MELINE GRIGORYAN/ MICHAEL D. KAHN ' ' ' " ' ' i’ _NICHOL ALAN DE GUZMAN IDCAMRYN P. BERK b (TYPE 0R PRINT NAMIE) v (SIGNATURE 0F DECLARANT) 9. Declaration of nonmilitary status (requiredfor a judgment). No defendant named iri item lc of the application is in the military service as the term is defined by either the Servicemembers Civil Relief Act. 50 U.S.C. App. § 391 1(2). or California Military and Veterans Code section 400(b). l0. Memorandum of costs (required ifmoney judgment requested). Costs and disbursements are as follows (Code Civ. Proc., §IO33.5) Clerk's filing fees Process server's fees Other (specify): Misc. Motion ......................................... Electronic Filing Fee TOTAL D Costs and disbursements are waived. I l am the attorney, agent, or party who claims these costs. T0 the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. mwogpg.» b) N \l 5" IJ‘P \D 0O O [declare und gaghy of perjury under the laws of the State of Cal'ifomia that the foregoing items 9 and 10 are true and correct. Date: a JACK H. POGO IAN/ MANASI TAHILIANI Kelsey Kenealy Henry 330106 CHRISTINA ARNOLD/ HYO JiN JULIA JUNG - .-- . U I MELINE GRIGORYAN/ MICHAEL D. KAHN V NICHOL ALAN DE GUZMAN IDCAMRYN P. BERK > (TYPE 0R I’RINT NAME) (SIGNATURE 0|: macmkmm . CIV-IOS [Rev. January 1. 2020] REQUEST FOR ENTRY 0F DEFAULT t Pageants (Fair Debt Buying Practices Act) CA_04OOG File No.2 20-214179