Declaration CCP 585Cal. Super. - 6th Dist.November 20, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/1/2021 2:08 PM Reviewed By: D Harris Case #20CV373878 Envelope: 5752781 20CV373878 Santa Clara - Civil D Harris \OOOQQ 10 11 12 13' 14 15 16 17 18 19 20 21 22 g3 24 25 26 27 28 Adam Brumage, SBN 283 1 80 . Maria Bradish, SBN 288384 Don Phan-Huy, SBN 309.853 Ryota Isozaki, SBN 321.040 Jeremy Kimmelman, SBN 322958 Eric Marquez, SBN 33 1 023 Karlie D. Schafer, SBN 331 884 The Moore Law Group, APC P.O. Box 25145 Santa Ana, CA 92799-5 145 Telephone: (800) 506-2652 Attorneys for Plaintiff, JPMorgan Chase Bank, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA ‘ DOWNTOWN SUPERIOR COURT, LIMITED JURISDICTION JPMorgan Chase Bank, N.A., ' CASE NO. 20CV373 878 Plaintiff, ' PLAINTIFF’S AFFIDAVIT 1N SUPPORT OF DEFAULT JUDGMENT vs. [CCP SECTION 585] NGUYEN T TRAN, - Defendants. .p \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B44A11 Doc Page 1 of 3 SUPERIOR COURT OF CALIFORNM JPMORGAN CHASE BANK, N.A., Plaintiff, VS- CASE NO.: 20CV373 878 NGUYEN T TRAN, Defendants. DECLARATION OF FACTS BY ORIGINAL CREDITOR I, Elisa Kammerdiener, declare as follows: 1. I am over 18 years old and competent to make this declaration. I am an employee and Authorized Signing Officer for JPMorgan Chase Bank, N.A., successor by merger to Chase Bank USA, N.A. (“Plaintiff”).1 I have access to Plaintiff’s books and records (“Business Records”), and I am authorized to make this declaration on behalf of Plaintiff. The statements herein are based upon my personal knowledge obtained from my review of the Business Records. 2. Due to the nature and scope of my employment duties, I have continuing access to Plaintiff’s Business Records and have personal knowledge of Plaintiff’s procedures for creating and maintaining these records. Plaintiff’s Business Records are: (a) made at or near the time ofthe occurrence of the matters set forth therein; (b) made by, or from information transmitted by, persons with knowledge and a business duty to report, or are made by a computer or other similar digital means which contemporaneously records an event as it occurs; and (c) kept in the course of Plaintiff's regularly conducted business activities and it is the regular practice of Plaintiff to make such records. 1 Effective May 18, 2019, Chase Bank USA, N.A., merged with and into JPMorgan Chase Bank, N.A. DECLARATION OF FACTS BY ORIGINAL CREDITOR mminimumnumlmunmu In mm“ Irina] mun m mm SD SwornDocumentExecution 000245430060 llillllllll‘ll‘lflllllll!||||| OOOQQUI-bWNb-i NNNNNNNNp-AH-I-p-dp-It-Ir-Ir-ip-n gQONMhWNHoomflmm-PWNHO B44A11 Doc Page 2 of 3 JPMorgan Chase Bank, N.A. v. NGUYEN T TRAN 3. Plaintiff’s Business Records show that NGUYEN T TRAN (“Defendant”) opened an account with Plaintiff or its predecessor'for the purpose of obtaining an extension of credit on 04/26/2016 (“Account”). The last four digits of the Account number are 8504. 4. After opening the Account, Defendant did use or authorize the use of the Account for the acquisition of goods, services, or cash advances. Defendant failed to make the required payment(s) on the Account and demand for payment has been made. 5. Plaintiff provided Defendant periodic billing statements for the Account. The periodic billing statements described the charges on the Account along with interest, fees, payments, credits, and the amount due on the Account. Based on my review of Plaintiff’s Business Records relating to Defendant’s Account, there are no unresolved billing disputes regarding the Account. A true and correct copy of the last periodic billing statement provided to Defendant is attached hereto as Exhibit A. 6. The last paymént in good and collectable funds on the Account was on or about 05/22/2019 in the amount of $85.00. The last charge, balance transfer, cash advance, or other debit that was initiated by Defendant and charged to the Account was on or about 05/17/2019 in the amount of $226. 1 5. Credit has been given to Defendant for all just and lawfill offsets, payments, and credits as of the signing of this declaration. 7. The balance due and owing on the Account as of the signing of this declaration is $7,238.98. Page 2 of 3 CLARATION OF FACTS BY ORIGINAL CREDITOR |||MIIIIIHIIIIHIIHIIHIWIWIIMINIMIIIIIIIMII| || lfl Ml ll! ||l |I|l||ll|l SD SwornDocumentExecution 000245430060 lllllllllll‘llllfllllflllll||| OOQONUIAUJN KO 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B44All Doc Page 3 of 3 JPMorgan Chase Bank, N.A. v. NGUYEN T TRAN 8. Wherefore, Plaintiffrespectfully requests that this Court enterjudgment in favor ofplaintiff JPMorgan Chase Bank, N.A., against defendant NGUYEN T TRAN in the principal sum of $7,238.98. Plaintiff does not seek post-charge-off interest or fees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: 01/14/2021 Declarant Name: Elisa Kammerdiener Declarant Signature: flfl Title of Declarant: Authorized Signing Officer Page 3 of 3 CLARATION OF FACTS BY ORIGINAL CREDITOR IllIIIIIWIHIIHHHIllllllllmllWlllllflli‘llfilll"WWI || lfl |\ |l\ l‘l IIWI SD_SwornDocumentExecution 000245430060 llllllflllllllllllllllfll1’llil Ill\IIIIIIWIIIHIWIIIIIWIMIINIINIHWIIIIHH|"IIHHIHIIIIMINI“lfllflMlflllllllllllllllllllUllllllllll\lllllH||\||\l||||\ll|||4llll|||||W [CHASE ‘m a Wwoum onnne; New Balance $7,238.98 Minimum Payment Due $1 ,464.00 Payment Due Date 02/1 5/20 9") 1o 11 12 1s 1e ’ 17 1a 19 20 23 24 25 26 ‘27 1 ' 2 a . 4 v 5 Late Payment Warning: If we do not receive your mlnimum payment by the date listed above. you may have to pay a late fee of up to $39.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and It will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the And you wlll end up balance shown on this paying an estimated statement in about... total of... Only the minimum payment 1 7 years $1 4, 159 If you would like information about credit counseling services. call 1-866-797-2885. ACCOUNT SUMMARY w Account Number:- 504 Previous Balance Payment Credits ,3» Purc ases ' Cash dvanqes Balance Transfers Fees Charged / lnterést Charged New Balance Qpehing/Closing Date; r Credit Access Line CashVAooess Line Available for Cash Past Due Amount j YOUR ACCOUNT MESSAGES Doc Page 2 of 5 Customer Servlce: 2;“, Moblle: Download lhe 1'800‘524'3830 5.; Chase Mobile®app today CHASE FREEDOM UNLIMITED REWARDS SUMMARY Previous points balance ” +1 .5% (1.5 Pts)/$1 earned on all purchases TOtal Points avaiiable for" . _ ‘ redemption p» A s :4 :0 Stan-redeemingVtodaerisit-Ummfi’téRewards® ab ~#V/~m-..r..._mm 3 w‘ ‘ www.ultimaterewards.com You earn unlimited 1 .5% cash back on all purchases- it’s automatic! Redeem for cash with no minimum, and your Cash Back rewards do not expire as long as your account is open. You are over your credit IIne/credit access line by $836.98. You can pay down your balance faster by including this amount with your payment. Your account is closed and no longer available for use. CHASE P.O. BOX 15123 WILMINGTON. DE 19850-51 23 For Undeliverable Mail Only The Past Due amount of $1,291.00 is Included In your Minimum Payment. IMAGGIO CT SAN JOSE CA 95122-2856 ”‘WW‘X 02/1 5/20;i $7,238.98 Payment Due Date: New Balance: Minimum Payment: nt mbe $ Arznount Enclosed Make/Mail to Chase Card Services at the address below: CAHDMEMBER SERVICE PO BOXG CAROL STREAM IL 60197-6294 llHllll llllllllmllllfll illll HIHIIIIIIII lIHIIHIIIWIIWIHIH IIVIHHI |||| lll‘llllllllllllllll ll HIIIIHIIllllllllmlllll llll SD__SwornDocumentExecution 000245430060 Pkg Page 5 of 8 Doc Page 3 of 5 To contact us regarding your account: fin efiiomer gewice: Spanish 1 -888-446-3308 Pay by phone 1-800-436-7958 International 1-302-594-8200We accept operator relay calls ® In U.S. 1-800-524-3880 ?Send Inqulriw to: P.O. Box 15298 Wi mington, DE 19850-5298 M J6 Mall Payments to: Vlslt Our Website: P.O. Box 6294 Carol Stream, IL 60197-6294 ln‘nfl‘naufln ADO“. Yul" AECDUI’II Maklnu Your Payments: The amount of your payment should be at least your mlnlmum payment due, payable In U.S. dollars and drawn on or payable through a U.S. flnanclal [nstltutlon or the U.S. branch of a {orelgn ilnanclal lnstltutlon. You can pay down balances faster by paylng more than the mlnlmum payment or the total unnald balance on your account. Yuu may make paymsms eleclmnlcally through our website or by one of our customer ssrvlcs phone numbers above. In uslng any of these channels, you are authorlzlng us to wlthdraw lunds as a ane-Ilma electronic iunds transfer {mm your bank accoum. In our automated phone system, thls autharlzatlon Is pravldsd vla entry 01 a personal Idsmlflcallon number. You may revoke thls amhortatlon by cancelllng your payment through our or service ‘ ' ,.'- prlor to the payment processlng. If we recelve your completed paymant request through one of these channels by 1 1:59 p.m. Eastern Tlms. we wlll credit your payment as of that day. If we recelva your request after 11:59 p.m. Eagarn Tlms, we wlll credlt yaur paymem as m tha next calendar day. If you specify a future date In your request we wlll credit your payment as of that day. ll you pay by regular U.S. mall to the Payments address shown an lhls statement, wrlta your account number on your check or money order and Include the payment coupon In the envelope. Do not send more than one payment or cuupun per envelope. Do not staple, cllp or tape the dacumants. Do nul Include correspondence. Do not send cash. If we receive your properly prepared payment an any day by 5 p.m. local time at our Payments address on lhls statement, we wlll credlk to your account that day. lf your payment ls received alter 5 p.m. local time at cur Payments address an this s1aiemen1, we wlll credit It to your account as ui the next calendar day. For all other payman‘s or for any payment type above for which you dc nut follnw our payment Instructions, credltlng of yaur payments may be delayed for up lo 5 days. Tb cradll We may report Inlormatlcn about your Account to credit bureaus. Lake payment, mlssed payments ur other deiauns an your Account may be reflecled In yuur credlt report. l1 you thlnk we have reported Inaccurate lnlormatlon to a credit bumau, please write to us at Chase Card Services R0. Box 15869, Wilmlngton, DE 19350-5369. Tn Service And Manage Any OI Your Acnuunus): When you give us your mobile phone number. we have your permlsslon to comacl you a! that number about all your Chase or J.P. Morgan accounts. Your consent allows us (a use text messaglng, anlflclal or prerecurded volce messages and automailc dlallng technology Iar lnformatlonal and account servlce calls, but not for telemarketing or sales calls. lt may Include co mac! from campanles worklng on our behall to service your accounts. Message and data rates may apply. You may contact us anytlme to change these preferences. Aumorlzallun To cunvarl Yaur check Ta An Elanlmnll: Translar Dahll: When you provlde a check as payment, you authorlza us elther to use Information from your check to make a one-tlme electmnlc fund trans15r Yrorn your account or to process the payment as a check. Your hank account may be debited as soon as the same day we receive your payment. You wlll not recslve your check back irom your lnstflutlon. candlllnnal Faymenls: Any payment check or oiherform oi payment that you sand us iur less than the full balance due that ls marked “pald ln full" orcontalns a slmllar notatlon, or that you otherwlse tender In full satlsfacflun of a dlspmed amount. must be sent to Card Servlces, Flo. Box 15049, Wllmlngtnn, DE 19850-5049. We reserve all our rights regardlng these payments (e.g.. l1 ll ls determined there Is nn valld dispute or l1 any such check ls recalved at any other address, wa may accept the check and you wlII 51H! owe any ramalnlng balance). We may relusa to accept any such payment by returning It lo you, not cashing It or des1mylng IL All other payments tha‘ you make should be sent to lhs regular Payment address shown on thls statement. Annual Renewal Nullca: H your Account Agreement has an annual membershln fee, you are responslble tar It every year your Account ls open. We wlll add your annual membershlp lee lo your monthly bllllng statement once ayear, whether Dr not you use your account. Your annual membershlp fee wIII be added to your purchase balance and may Incur Interest The annual membershlp fee ls non-reiundable unlass you notlfy us that you wlsh to close your account wilhln 30 days or one bllllng cycle (thchever ls less) after we provide the statement on whlch ‘he annual membershlp Iee Is bllled. Your payment of the annual membershlp fies does not affect our rlghts m close your Account and m llmll your rlght la make transactions on your Account. l1 your Account ls closed by you or us. the annual membershlp fee wlll no longer be billed tn your Account. calculallon OI Balance Suhlecl Tn lnlamsl Hale: T0 figure your periodic Interest charges ior each bllllng cycle when a dally perlndlc rale(s) applies. we use the daily balance method (Includlng new transacllons). To figure your perludlc Inkerest charges for each hllllng cycle when a monthly perlodlc rate(s) applles. we use the average dally balance method ( ‘ new tr ' For an uf ellhar method, or questlons about a partlcular Interest charge calculation on your statement, please call us atths toll free customer service phone number llsted above. We calculate perlodlc lnteres1 charges separately fur each mature (for example, purchases, balance transfers. cash advances or overdraft advances). These calculations may cumblns dlflemm categories with the same psrlodlc rates. Varlahle rates wlll vary wlth the market based an the Prlma Rate or such Index described In your Account Agreement. There ls a transactlon 'se for each balance transfer, cash advance, or chscktmnsactlon In the amount stated ln your Account Agreement. There ls a forslgn lransamlon Ies oi 3% of {ha U.S. dollar amount o! any inrslgn transacflun tor some accounts. Please see your Accnum Agreement for Inforrnatlun about these fees. We add lransactluns and fees to your daily balance no earlier than: 1. the date of the transaction -lor new purchases. balance tmnsiars, nverdrafl advances, cash advances, or My chase Loans; M.the date the payee deposlts the check - for new cash advance checks or balance transfer checks: 3. ihe date ol a related iransactlon, the date they are posted to your account, or the last day u? the hllllng cycle, whlchever we may chuose -10r Iees How To Avoid Paylnu Inlarssl 0n Purchases: Your due dake wlll be a mlnlmum of 21 days aflerths close o! Bach Dllllng cycle. H you pay your accoum (or Interest Saving Balance) In full each bllllng period by me dale and llme due. no lnteresx ls charged on new purchases momh to month. Also, we wlll not Impose Interest charges on any portlon of a purchase balance you repay whlle that balance ls subject to an Interest- frea perlod. Subject to any lnlerest-free period far new purchases. we wlll begln charglng Interest lrom the daie a transactlon (lncludlng any balance transfer, cash advance or overdraft advance), {es or Interest charge ls added m yuur dally balance untll your account ls pald ln full. Because we apply payments In excess cl your mlnlmum paymennlrst lo hlgher rate balances. you may not be able to avnld Interesk charges on new purchases If you have anmher balance at a hlgherlnterest rate unless you pay your balance (or Interns! Savlng Balance) In full each month. cradll leliz H you wank to Inqulre about your optlons to help prevent your account iram exceeding your credlt Ilmlt. please can the number on the backot your card. What To Du ll You Think You Flnfl A Mlslake On Your Slalamanl: ll you think there ls an error on your statement, wrlte la us on a separate sheet at Customer Servlce. P.O. Box 15299, Wllmlngton, DE 19550-5299. ln your letter. give us the followlng Information: ~Account Iniormailun: Your name and Account number. - Dollar amount: The dollar amount of the suspected error. I Descrlpllnn cl Problem: H you thlnk there ls an error un your blll. dsscrlbe what yuu hallava ls wrong and why you believe n ls a mlsmke. Vou must contacfl us wlkhln 60 days after the error appeared on your statement. You mu51 nomy us ol any potentlal errors In writing. You may call us nr notlfy us sleatrcnlcally. but ll you do wa are not requlrad to lnvesflgate any potential errors and you may have to pay the amount 1n question. Whlle we lnvesflgate whether or not there has been an ermr, the following are true: -We cannot try to collect ‘he amoum In qufitlun. or report you as dellnquem on that amount. -The charge In quesflon may remaln un your stalement. and we may contlnue ta charge you Interest an that amount. Bul. If we determine that we made a mlstake, you wlll nol have m pay the amount In questlon or any lmerest or other lees related to that amount. -Wh|le you do no! have to pay the amount In quesflon. you are responslble for (he remainder of your balance. - We can apply any unpald amount against your nredlk llmlt. Ynur Hluhls ll You Ala Dlssallsllsd Wllh Your c'edll card Purchases: If you are dlssallsfled with the goods or services that you have purchased with your credit card. and you have tried In good faith to correct the problem wnh the merchant, you may have ‘he rlght not tn pay the remaining amount due nn the purchase. To use lhls rlght. all 01 lhe followlng must be true: '1. The purchase must have been made In your home state or wflhln 1 00 mlles DI your current malllng address. and the purchase price must have been more than $50. (Note: Neither 01 these are necessary ll your purchase was based on an advertisement we malled to you. or If we own the company that sold you the goods or servlces.) N . You must have used your credit card iorthe purchase. Purchases made wlth cash advances from an ATM 0r with a check that accesses your credit card Account do not quamy. 3. You must not yet have Iully pald fur the purchase. l! all nfthe crlterlaabove are met and you are still dlssatlsfledwflh the purchase. contact us In writlng at Customer Service. P.0. Box 15299, Wilmington. DE 19850-5299. While we lnvestlgate, {he same rules apply to the disputed amount as discussed above. Aher we flnlsh our lnvesflgaflon, we wlll tell you our declslon. At that palm, II we (hlnkyou owe an amount and you do nu! pay we may report you as dellnquem. MA0425201 To make changes and manage your account, including changes of address, visit Chase.comlcardhelp or call the Customer Service telephone number which appears on your account statement. l_ WIHINIHIIIIHH ||l\|||\|m|| {IUIIHHIIIIWIWIH IIHIIHIIIN lltlll lllllllflHlllllllllllllll‘IIHIIHHIlllllllllHllllHllllNllll‘l SD SwornDocumentExecution 000245430060 9 _I Pkg Page 6 of 8 Doc Page 4 of 5 ‘: gmManage your account onllne: cusiomer Servlce: ”3‘," Moblle: Download lheI‘ HASE W 1-500-524-3880 ‘5“ Chase Mobile®app today Date of Transaction Merchant Name or Transaction Description $ Amount INTERESITmCHARGED ) M W1 01/17 PURCHASE INTEREST CHARGE 10.24 01/17 PROMOTION INTEREST CHARGE 90.42 TOTAL INTEREST FOR THIS PERIOD $100.66 i v 2020 Totals v'ear-to-Date‘ ; L‘Total fé‘é‘é“éharged in 2020 $0.00 Total interest charged in 2020 $100.66 Year-to-date totals do not reflect any fee or interest refunds you may have received. INTEREST CHARGES Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Balance Type Percentage Subject To Interest Rate (APR) Interest Rate Charges PURCHASES I . ‘ ‘ w m; " Purchases 16.49% (v)(d) ‘ ‘ “$731 .05 $10.24 8 «ADVANC m, w W m OMu § , a , . oCash Advances 2 49 /o(v)(d) - 0 - - O - m BALANCE TRANSFERS m...” , E, Balance Transfer 16.49% (v)(d) - 0 - - o - a Special Financing Promo 1s.49%(v)(d) $6,455.34 $90.42 8 31 Days In Billing Period C (v) = Variable Rate o (d) = Daily Balance Method (including new transactions) 3: (a) = Average Daily Balance Method (including new transactions) 3 Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice, 8 How to Avoid Interest on Purchases , and other Important information. as applicable. >< L-':! C OJ E 3 O OD Ch 3 (l) D (D NGUYEN T TRAN Page 2 of 2 Statement Date: 01/18/20 |ll Ill llllllll lllllllllHlIl HIMIIIIIIIWNWIHIN I! }|| |||| lllllllllfillilll ll llll |||l llllltllflllllll ll ‘Pkg Page 7 of 8 INHIIHIHHIIHIWI||‘IHIIU‘IIMHIUIIMIIHIHIIWINHWIIINIHWWI\llllllllillllllllllHIlllllllflMlllHllllifll‘lflllllllll|||||\llfl