Default EnteredCal. Super. - 6th Dist.November 20, 2020on 3/26/2021 7:53 PM Reviewed By: D Harris Envelope: 6123962 CIV-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number. and address): FOR COURT USE ONLY JACK H. POGOSIAN, Slate Bar No.: 305741 IMANASI TAHILIANI, State Bar No.: 27282| / CHRISTINA ARNOLD, State Bar No.: 297590] HYO JlN JULIA JUNG, Stale Bar No.: 3 l6090 / MELINE GRIGORYAN State Bar No.: 321 [33 / CAROLINA PINHEIRO State Bar No: 259875 / NICHOL ALAN DE GUZMAN, State Bar No: 314989 / CAMRYN P BERK, State Bar N0: 3l7565 MIDLAND CREDIT MANAGEMENT, INC . '" 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO. CA 92 103 Kasey Kenealy Henry 330106 TELE‘pHONr; No.: (866) 300-8750 le No. (877) 209-4493 E-MAII. ADDRESS (optional).- ATrORNlaY 1=0R(Name).~ MIDLAND CREDIT MANAGEMENT. INC. SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRFss: l9] N. FIRST ST MAILING ADDRESS: CITY AND ZIP coma: SAN JOSE CA 951 l3 BRANCH NAME: DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIQNERZ MIDLAND CREDIT MANAGEMENT, INC. DEFENDANT/RESPONDENT: WILLIAM J SMITH REQUEST FOR E Entry 0f Default E Judgment CASE NUMBER: (Application) 20CV373866 .y NOTICE: Plaintiff is a debt buyer and is required to use this form pursuant to the Fair Debt Buying Practices Act (C.C.P. § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): November 20, 2020 b. by (name): MIDLAND CREDIT MANAGEMENT, INC. c. E Enter default of defendant (names): WILLIAM J SMITH ’ d. E I request a judgment under Civil Code section I788.60 and Code of Civil Procedure section 585 against defendant WILLIAM J SMITH: (Testimony may be required. Check with the clerk regarding whether a hearing date ls needed. ) e. D Default previously entered 0n (date): 2. Judgment to be entered. m Credits ackngwledgeg Balance a. Demand 0f complaint*........... $4237.94 $0.00 $4,237.94 b. Interest. $0.00 $0.00 c. Costs (see page 3) ..................................... $27 l .90 $271 .90 d. Attorney fees ................................................ e. TOTALS $4,509.84 _-_;$0._00 AM:4 * Must be established by business records. authenticated through a sworn declaration, submitted with this application. (Civ. Code §§ 1788.58 (a)(4), l788.60(a). This action is not barred by the application statute of limitations (Civ. Code. § 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL of the following (Civ. Code, §§ 1788.58, 1788.60): (l) 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 OR has the authority to assen the rights 0f 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 of any subsequent purchasers of the debt; (5) The date of the default OR the date of 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 I of 3 fffiifidéfifiiii§°£fhéifiififi ”5° REQUEST FOR ENTRY 0F DEFAULT “dc °fcéYi'-fé°°§d"‘°ii§s§836 cm '05 [Rem January L 2020] (Fair Debt Buying Practices Act) M ° e‘ § 'www.couns.ca.gov CA_04OOG File No.: 20-204307 FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373866 By: RTien MAR 26 2021 CIV-105 V CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT: INC. 20CV373866 DEFENDANT/RESPONDENT: WILLIAM J SMITH 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 [he 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 1778.52. b. A copy of the contract of other document described in Civil Code section l788.52(b) is attached to the complaint. 5. Documentation requirements for default judgment. All of [he following documents are submitted with this request for default judgment (Civ. Code, § l788.60(a)-(c)): 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 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 0f 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 pcsI-charge-off interest and fees. if any, imposed 'by the charge-off creditor of any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment: (4) The name of 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; (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: (6) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient orm so as to reasonably identify each such purchaser: and Date: l/ZO LI _.........-. .. _ JACK H. POGOSIAN /%AANASI TAHILIANI _ CHRISTINA ARNOLD/ HYo JIN JULIA JUNG " V Kelsey Kenealy Henry 3301.95 _ MELINE GRIGORYAN/ CAROLINA PINHEIRO ‘ fl NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK (TYPE 0R PRINT NAME) ' ' (Mum: 0F PLAINTIFF 0R ATmRNIaY I-‘OR I'LAINTu-‘m FOR COURT (l) 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 or unlawful detainer assistant D did E did not for compensation give advice or assistance with this form. (lfdeclarant has received any help 0r advicefor payfrom a legal document assistant 0r unlawful detainer assistant, state): a. Assistant's name: c. Telephone n0.: b. Street address. city, and zip code: d. County of registration: e. Registration n0.: f. Expires on (dale): 7. Declaration under Code of Civil Procedure Section 585.5 (requiredfor entry ofdefault under Code Civ. Prom, § 585(a)). This action a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § |801 et seq. (Unruh Act). b. D is E is not on a conditional sales contract subject to Civ. Code, §298l et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. g is D is not on an obligation for goods. services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). Page20f3 ClV-IOS [Rev. January l. 2020] REQUEST FOR ENTRY 0F DEFAULT (Fair Debt Buying Practices Act) I CA_0400G File No.: 20-204307 x 3/26/2021 R. TIEN ClV-105 I CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. 20CV373866 DEFENDANT/RESPONDENT: WILLIAM J SMITH 8. Declaration of mailing (Code Civ. Proc., §587). A copy of this Requestfor Entrv ofDefauIt was a. D not mailed to the following defendants whose addresses are unknown to plaintiff or plaintiffs attorney (names): b. E mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, lo each defendant‘s last known address as follows: (l) Mailed on (date): (2) To (specify names and addresses shown 0n the envelopes):- MAQ 1 7 2021 WILLIAM J SMITH ' 3550 ALDEN WAY APT 9 SAN JOSE, CA 95 1 17-1568 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: -qu. ., x JACKMQQOéJSIZW/T MANASI TAHILIANI ~. \/K I K CHRISTINA ARNOLD/ HYo JIN JULIA JUNG e sey enealy “9‘"? 330106 - MELINE GRIGORVAN/ CAROLINA PINHEIRO WNICHOL ALAN DE GUZMAN ID CAMRYN P. BERK > . (TYPE 0R PRINT NAME) l (SIGNATURE OFDIECLARANT) 9. Declarationvof nonmilitary status (requiredfor a judgment). No defendant named in 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. § 39] 1(2). or California Military and Veterans Code section 400(b). 10. Memorandum of costs (required ifmoney judgment requested). Costs and disbursements are as follows (Code Civ. Proc., §IO33.5) a. Clerk's filing fees $181.00 b. Process server's fees $§§.00 c. Other (specifv): Misc. Motion ......................................... d. Electronic Filing Fee 25.90 e. TOTAL m f. DCosts and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case I declarezun £enzuof perjury under the laws of the State of Califomia that the foregoing items 9 and 10 are true and correct.Date: JACz .POG SIAN/ MANASI TAHILIANI -. / "CHRISTINA ARNOLDfiHvo JIN JULIA JUNG Kasey Kenea'y Henry 330106 ‘ MELINE GRIGORYAN/ CAROLiNA PINHEIRO W 'NICHOL ALAN DE GUZMAN /DCAMHYN P. BERK p mm; 0R PRINT NAME) ' V (SIGNATURE 0F DI;CI.ARANT) CIV-IOS [Rem January l. 2020] REQUEST FOR ENTRY 0F DEFAULT Page30r3 (Fair Debt Buying Practices Act) CA_04000 File No.: 20-204307 u