Default Not EnteredCal. Super. - 6th Dist.November 20, 2020Reviewed B : R. Tien en 3/24/202 2: 3PMnvelope: 6103 7 CIV-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bur number. am! address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar No.2 30574] IMANASI TAHILIANI, State Bar No.2 272821 / CHRISTINA ARNOLD, Stale Bar No.: 297590 / HYO JIN JULIA JUNG. State Bar No.: 316090 / MELINE GRIGORYAN, State Bar No.: 321 133 / MICHAEL D. KAHN, State Bar No.: 236898 / NlCHOL ALAN DE GUZMAN, State Bar No.: 3 14989 / CAMRYN P. BERK, State Bar No.: 3 17565 MIDLAND CREDIT MANAGEMENT, INC. . . . 350 CAMINO DE LA REINA, SUITE 100 Abr" F- sagllo'RUIZ 299586 SAN DIEGO, CA 92108 TELEPHONE No.: (866) 300-8750 FAX No. : (877) 209-4493 EMAIL ADDRFSS (optional).- ATrORNEY FOR(Name;.- MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STRlzlz‘r ADDRFSS: I9] N. FIRST ST MAILING ADDRESS: CITY AND ZIPCODE: SAN JOSE CA 951 l3 BRANCH NAME: DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT. INC. DEFENDANT/RESPONDENTZ JUDD XAVIER REQUEST FOR E Entry of Default E Judgment CASE NUMBER: (Application) 20CV373867 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.) l. On the complaint or cross-complaint filed a. on (date): November 20, 2020 b. by (name): MIDLAND CREDIT MANAGEMENT. INC. . E Enter defaultofdefendaptmames):JUDD XAVIER . X l request a judgment under Civil Code section [788.60 and Code of Civil Procedure section 585 against defendant JUDD XAVIER: (Testimony may be required. Check with the clerk regarding whether a hearing dare is needed. ) Q0 e. D Default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balgngg a. Demand of complainl“ ............................. $1 .8 14.53 $0.00 $ l ,8l4.53 b. Interest. $0.00 $0.00 c. Costs (see page 3) $258.95 $258.95 d. Attorney fees ............................................... e. TOTALS ...................................................... $2,073.48 _Jflm __§M * 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 il 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 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; Pm l of 3 fféil‘ifidé’gfii‘ifififfifiififl ”5° REQUEST FOR ENTRY 0F DEFAULT “dc °fCéV-"~{'E°°§d"-”i7§s§8§6 CWJOS [Rem January L 2020} (Fair Debt Buying Practices Act) m 0 e‘§ ' WWW.COUFIS.Ca.gOV CA_04000 File No.: 20-20472] FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373867 By: DHarris 03/24/2021 CIV-105 . CASI: NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. zocv373867 DEFENDANT/RESPONDENT: JUDD XAVIER 4. a. (7) The name and last known address of the debtor as they appeared in the charge-cff 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 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 the 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 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 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 cha‘rge-off creditor, and [he 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 form so as to reasonably identify each such purchaser: and Date: 9 g 2 2' L_ JACK H. P OSIAN/ MANASI TAHILIANI V CHRISTINA ARNOLD/ Hvo JIN JULIA JUNG Abril F. Saglio-Ruiz 2995 : MELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN IDCAMRYN P. BERK > (TYI’F. OR PRINT NAME) (SIGNATURE ()F PLAINTIFF OR A?EEY FOR I’LAINTIFD l f l : FOR COURT ( ) D De au tentered 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. (Ifdeclarant has received any help or advicefor payfrom a legal document assiszant or unlawful detainer assistant, state): a. Assistant's name: b. Street address, city. and zip code: Telephone no.2 County of registration: Registration no.: Expires on (date): hpap 7. E Declaration under Code of Civil Procedure Section 585.5 (requiredfor entry ofdefault under Code Civ. Proc.. § 585(a)). This action a. is E is not on a contract or installment sale for goods or services subject to Civ. Code, § 180l 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. is D is not on an obligation for goods, services, loans, or extensions of credit subject lo Code Civ. Proc., § 395(b). Page 2 of 3 CIV'IO5 [RCV- January 'v 202°] REQUEST FOR ENTRY 0F DEFAULT (Fair Debt Buying Practices Act) CA_04000 File No.: 20-20472] Dismissal of case filed on 09/24/21.X DHarris CIV-l05 CASENUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. zocv373867 DEFENDANT/RESPONDENT: JUDD XAVIER 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 to 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: (l) Mailed on (date): (2) To (specifv names and addresses shown on the envelopes): MAR 1'6 2021 JUDD XA'VIER 295 OMIRA DR SAN JOSE, CA 95123 3635 l declare underWpenaityfi ofpe ury under the laws of the State of California that the foregoing items 6 7, and 8 are true and correct. Date: MAP. U3] JACK H POGOSIAN/ MANASITAHILIANI Abri' F- SaQIIO'RUIZ 299586 CHRISTINA ARNOLD/ HYo JIN JULIA JUNG /MELINE GRIGORYAN MICHAEL D. KAHN _NICHOL ALAN DE GUZMAN /D CAMRYN P BERK > @4? (TYPEOR PRINT NAME) ' (SIGN UREOF ~ Anccu N1) 9. Declaration of nonmilitary status (requiredfor a judgment). No defendant named in item lc of the applicatio®e 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). l0. Memorandum of costs (required ifmoney judgment requested). Costs and disbursements are as follows (Code Civ. Proc., §1033.5) a. Clerk's filing fees $181 1!) b. Process server's fees $5.00 c. Other (specify): Misc. Motion ......................................... d. Electronic Filing Fee § 12.25 e. TOTAL m f. DCosts and disbursements are waived. g. l 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. l declare under penal? g56W under the laws of the State of California that the foregoing items 9 and 10 are true and correct Date: JACK H. POGOSIAN/ MANASI TAHILIANI Abril F Saglio--Ruiz 299586 CHRISTINA ARNOLD/ Hvo JIN JULIA JUNG MELINE GRnGORYAN/ MICHAEL D. KAHN , NICHOL ALAN DE GUZMAN IDCAMRYN P. BERK p (TYI’F. 0R PRINT NAME) (SIGNATURE(WANT) ClV-IOS (Rev. January l. 2020] REQUEST FOR ENTRY OF DEFAULT ( 2 Pagesors (Fair Debt Buying Prac'tices Act) CA_04000 File No.: 20-20472]