DeclarationCal. Super. - 6th Dist.November 23, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/15/2021 7:15 AM Reviewed By: A. Villanueva Case #20CV373902 Envelope: 7470218 20CV373902 Santa Clara - Civil A. Villanueva OOOONO‘NUIAUJNH NNNNNNNNNI-At-Hp-nh-t-twu-np-au-a mfiokabJNHOOOONQM$UJNH Christopher D. Mandarich SB 220693 Ajay Sood SB325294 Hayk Stambultsyan 38320973 Manin Weinganen SB 201 906 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877285.491 8 Facsimile: 818.888.1260 AttorneysfbrPlaintiff: Cavalljy SPVI, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION Cavahy SPV I, LLC, Case No. 20CV373902 Plaintiff, DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF VS. DEFAULT JUDGMENT PURSUANT T0 JOSE L LOPEZ, an individual, et a1., CIVIL CODE § 1788.60(a) Defendant. I, the undersigned, declare as follows: 1. I am an employee 0f Cavahy Ponfolio Services, LLC (hereinafter, "CPS"), which performs collection sewices for Cavahy SPV I, LLC (Hereinafter “Plaintif1"), and am a qualified witness. I am a competent person over eighteen years 0f age. Based on my review of the account records maintained 0n Plaintiff‘s behalf, I have personal knowledge and make the statements herein. Plaintiff is the current owner of, and/or successor t0, the obligation sued upon, and was assigned all the rights, title and interest t0 Defendant's Citibank, NA. account, ending in XXXXXXXXXXXX7826 (hereinafter, the "Account"). I have access to and have reviewed the records pertaining t0 the Account and am authorized t0 make this declaration on Plaintiff‘s behalf. 2. Plaintiff purchases ponfolios 0f delinquent accounts from either the original creditor 01' a subsequent purchaser of the account. As pan of its operations, CPS, 0n behalf of Plaintiff, operates and maintains computer systems, into which CPS, on behalf 0f Plaintiff, integrates electronic records and infomlation received from the seller. DECLARATION IN SUPPOR l‘ OF APPLICATION TOR ENTRY OT DEFAULT JUDGMLNT (CIVIL CODE § |7SS.OO(a)) ._. OKOOOQGLII-hmh) N N N N N [U N N [\J r-A ~- H H H o-t »-- >- p-t p-A m \l O\ U‘I h DJ N ‘-‘ O c 00 fl O (JV -h W [\J *-' 3. I am familiar with the manner and method by which CPS, on behalf 0f Plaintiff, creates and maintains its nonnal documents and records. The records are kept in the normal course 0f business. CPS, 0n behalf 0f Plaintiff, maintains computerized account records, including the account information that was provided t0 Plaintiff by Citibank, N.A.. The computerized account records include the balance at the time 0f sale and the date of sale 0f the subject account. The records are kept in the ordinaxy course of business by representatives of CPS, 0n behalf of Plaintiff, who are charged with the duty t0 accurately record any business act, condition or event 0n the computer with entries made at 01‘ near the time of any such occun‘ence 4. On 01‘ about September 18, 201 9, Plaintiff became the successor in interest to this Account. Plaintiff acquired and incorporated the attached account records into its business records, which are not modified or altered, as a result of Plaintiff‘s puréhase of the Account. These records are kept in the regular course of business on behalf of Plaintiff, and along with the electronic records provided at purchase, are Plaintiff‘s business records for this Account 5. Federal law required the original creditor t0 fumish Defendant with periodic statements. 6. The accuracy of such records is relied upon by Plaintiff in purchasing and collecting this Account. These records are relied upon in Plaintiff‘s and CPS's regular course 0f business. 7. This Account was purchased on or after Januaxy 1, 2014 8. In accordance with Califomia Civil Code section 1788.58(a)(3-8), Plaintiff‘s records show the following relevant infonnation conceming the Account. a. Plaintiff is the sole owner of the Account. b. The Account was opened on December 20, 201 7 and charged off on August 15, 2019 with a balance 0f$5,897.42 c. Plaintiffs records show that the balance of$5.788.33 remains due and owing as oi September 15, 2021. Plaintiff is not seeking t0 recover any post-charge off interest and/or fees that may have been imposed by the charge off creditor or subsequent purchasers ofthe debt and is seeking t0 recover only that ponion 0f the charge offbalance that remains due and owing as 0f September 15, 2021. d. The last payment posted t0 the Account 0n January 14, 201 9. DECLARATION IN SUPPORT ()I’ APPLICATION FOR ENTRY OF DEFAUL T JUDGMLN I (CIVIL CODE § 1788 hum» 2 y...- OOOOQOUI-bww e. The charge-off creditor name and address at the time of Charge off: Citibank, N.A. PO BOX 78045 Phoenix AZ 85062~8045. f. The charge-offAccount number associated with the debt at time 0f charge offwas Account N0. ending in XXXXXXXXXXXX7826. g. Defendant‘s name and last known address as it appeared in the charge off creditor‘s records: JOSE L LOPEZ 750 N KING RD APT 305, SAN JOSE, CA 95 1 33-0000. h. The names and addresses 0f all persons 0r entities that purchased the debt after charge off, including the plaintiff debt buyer, are as follows: i. CAVALRY SPV I, LLC, 500 Summit Lake Drive, Suite 400, Valhalla, New York 10595 9. Plaintiffs records state that Plaintiff or its agents made demand for payment of the balance herein prior to making this declaration and Defendant(s) failed t0 make full payment of the amount owed on the Account. 10. Attached hereto as Exhibits A, B, and C are the account records I have reviewed in executing the declaration that relate t0 the Account and/or payment(s) received. Exhibit A. Seller Data document and Chain 0f Title - establishing the facts required under Civil Code sections 1788.58(a)(3) and (a)(7). Exhibit B. Account Statements and/or Account records including, but not limited to, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer - establishing the fact required under Civil Code section 1788.52(b) and 1788.58(a)(5). Exhibit C. Account Statement - establishing the facts required under Civil Code sections 1788.58(a)(4), and (a)(6). 1 1. The documents attached hereto are tme and con‘ect copies 0f documents provided to Plaintiff, by original creditor, being a reproduction of the records 0n file on behalfof Plaintiff based upon my review, except 10 the extent that confidential and privileged information and/or personal identifying information is omitted 0r redacted as required by local rules, and applicable state and federal laws. DEC‘I ARA I iON IN SUPPORT OF APPLICATION FOR tN l RY OI” DEFAULT JUDGMEN’I (CIVIL CODE § 1788 00(4)) 3 OOOOQO‘xkh-blevv-i NNNNNNNNNwHHwHpr-nw- 12. If called upon t0 testify as a witness thereon, I could and would competently testify as t0 all the facts stated herein. I declare under penalty of perjuly under the laws ofthe State 0f Califomia that the foregoing is tme and correct. \ Executedthis2gday ofedflamwgf UQIMOH/a N3 S ignature: ’ Y By: 1/onM/@A/Q/fr Title: 1W iOJMWiimfl-{a DECI ARATION IN SUPPORT O}: AI’I’LICA l‘lON FOR hNTRY OF D) FAULT JUDGMEN'I (CIVIL CODI: § 1788 60(3)) 4 F4 EXHIBIT A Contract m: CVSMUMAAOZIS 19 Document ID: CV8MUMAAO221 19C2 Document ID: 090919CV1MU3FMB1 BILL OF SALE AND ASSIGNIVIENT THIS BILL OF SALE AND ASSIGNMENT dated September 18, 2019, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the laws of the State of Delaware, With its headquaners/principal place of business at 500 Summit Lake Drive, Suite 400, Valhalla, NY 10595 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated February 18, 2019 and Addendum No. 2 dated February 21, 2019, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 to the Addendum and the final electronic file. Citibank, N.A. By &% (nghature) k Gary Goldberg Name: Title: Authorized Party Cavalry 021819 1 Contact 1D: CV8MUMAA02 l 8 19 Document ID: CV8MUMAA0221 19C2 Document ID: O90919CV1MU3FMA1 Exhibit 1 The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. # of Lot Sale ID Accounts Sale Balance Cut-Ofi‘ Date Brands 090919CV1MU3FM if: r 09/09/2019 mush Flow Cavalry 021819 Purchase Datez9/1 8/201 9 1002 Daia from Exhibit 1” 'Data displayed has been redacted for consumer privacy “The data contained in this document was extracted from the electronic records transmitted by the seller oonceming the referenced account EXHIBIT B CW / AADVANTAGP PLATINUM SELECTG CARD cftT 1 Mdfimfifi‘e‘g JOSE L LQPEZ ‘ { www.citicards.com Member Since 2017 Account numberendlng In:7826 Customer service 1,838_765_cn-l(2484) Billing Period:12/18/18-01/15/19 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS. SD 57117 JANUARY STATEMENT ACCIOUM Summary Mlnlmum payment due: $134.77 Prev'ous ba‘ance 54:824-54 New balance as of 01/15/19: $4,884.38 Payments $141.01 Payment due date: 02/13/19 cred'ts "50-00 See,the tast p_a e of this statement for important Information about how to PurChases +52008 avoud paying In erest on purchases. Cash advances 4.50.00 Fees +$95.00 Late Payment Warnlnqzlf we do not receive your minimum payment by the lntereSt +585.77 date listed above, you may have to pay a late fee of up to $35 and your APRs New balance $4,834.35 may be increased up to the Penalty APR of 29.99%. Credit LimitMlnlmum Payment Warnlnq:|f you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay offyour Revolving Credit limit $4,990 balance- For example: Includes $0 cash advance limit If ou make no additional You will ay off the _ And you will end u """" "- """""""" - """"""""""""""""""""" chyarges using this card \ balance sphownlon this ?aying an estimatepd Ava'lab'e ReVOIV'ng cred't $105 and each month yoq pay... , statemgnt in about... ’ otal f"). ~ Only the minimum payment 19 year(s) $12,686 $6.732 $187 3 Year“) (5avings=$5,954) For information about credit counseling services. call 1-877-337-8187. AMERICAN AIRLINES AADVANTAGE’ MILES AAdvantage® Miles Earned this period: 4O » See page 3 for more informatiun about Your rewards l Pay your blll from virtually anywhere Mini 13 . wlth the Cltl Moblle® App and CItF‘ Onllne mum payment due s 4 77 New balance $4,884.38 To download: Text 'App15'to Mycm (692484) Payment due date 02/13/19 or go to your device's app store. Or visit www.cltlcards.com Amount enclosed: 000000 PW OO A O Account numberending in 7826 JOSE L LOPEZ CIT! CARDS 750 N KING RD PO BOX 78045 APT 305 Phoenix. AZ 85062-8045 SAN JOSE CA 95133-1552 www.citicards.com Customer Service 1-888-766-CITH2484) Page 2 of 2 TTY-hearingrimpaired services only 1-800-325-2865 JOSE L LOPEZ Account Summary Trans, Post date date Description Amount Payments, Credits and Adjustments 01/12 ONLINE PAYMENT. THANK YOU $141.01 Standard Purchases 01/10 01/10 TRACY TRUCK & AUTO STO TRACY CA $20.08 Fees charged Description SEE REVERSE FOR MORE RENEWAL INFORMATION $95.00 Total tees charged In this bmlnq period $95.00 Interest charged Date Description Amount 617E """"""" ifiéfié‘é‘é'fEF(Xré'éE6"r6’é'fxfii’iiiébmplifiéé """"""""""""""""""""""" €53}? $85.77Total Interest charged In thls bllllnq period 2019 totals year-to-date Total fees charged in 2019 $95.00 Total Interest charged In 2019 $85.77 Interest charge calculation Your Annual Percentage Rate (APRHs the annual Interest rate on your account. Annual percentage Balance subject rate (APR) to Interest rate Days in bllling cycle‘29 Interest chargeBalance type Standard Adv 27.49% (V) $000 (D) Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (mcludmg current transactions). Account messages Remember, any charges above your revolving credit limit MUST BE PAID IN FULL by your statement's payment due date. ©2018 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. American Airlines, AAdvantage and AAdvantage Million Miler are trademarks of American Airlines, Inc. AADVAMAGW MILES EARNED THIS pERIou: 4O Purchase 20 Bonus 20 Accumulated This Period 40 » Visit ae.com/aadvantaqe to redeem miles. book flights and much more American Airlines reserves the right to change the AAdvantage® program and its termsand conditions at any time without notice, and to end the AAdvantage® program with six months notice. Any such changes mayaffect your ability to use the awards or mileage credits that you have accumulated. Unless specified, AAdvantaqe mHes earned through this promotion/Offer do not count toward elite» status qualification or Million MileISM status“ American Airlines ls not responsible for products or services offered by other participating companies. For complete details about the AAdvantage program, visit www.aa.com/aadvantage American Airlines, AAdvantage and AAdvantage Million Miter are trademarks of American Airlines, Inc. EXHIBIT C CITI'E / AADVANTAGEE‘ PLATINUM SELECT® CARD CI’tT { MdmtA'anEe‘g JOSE L LOPEZ Member Since 2017 Account number ending int7826 Billing Period107/16/19-08/15l19 www.citlcards.com Customer Service 1-800-925-8871 TTY«hearing~impaired services only 1-800325-2865 BOX 6500 SIOUX FALLS. SD 57117 AUGUST STATEMENT Account Summary Minimum payment due: $5,897.42 Prevmus ba'ance 55.78833 New balance as or 08/15/19: $5,897.42 Pavments $0.00 Payment due date: 08/15/19 crews ’50-00 Seelthe Ialst page of this statement for important information about how to PurChaseS +5000 aVOId paymg In erest on purchases Cash advances +5000 Fees +$0.00 Late Payment Warning: If we do not receive your minimum payment by the 'ntereSt +S1O9‘09 date listed above, you may have to pay a late fee of up to $35 and your APRs New balance $5,897.42 may be increased up to the Penalty APR of 29.99%. Minimum Payment Warnlnqzlf you make only the minimum payment each cred't L'm't period, you wiH pay more In interest and it will take you fionger to pay off your Revolving Credit limit 54,990 balance For example: Includes $0 cash advance Hmit if you‘maké‘no additional Youéwill pay off the , And you will end up charges using this card~ v ‘ bajance shown onihis \j Paying an estimated and_each month you pay... ‘ stgtemgnt in about... otal of... Only the minimum payment 1month(s) $5.897 For information about credit counseling services, caH 16773378188. Pay your blll from virtually anywhere Minimum payment due $5,897.42 wlth the Cltl Moblleq‘ App and CltP‘ Online New balance $5,897.42 To download: ‘ Text 'App1s-to Mycm (692434) Payment due date 08/15/19 OOOOOO PW 32 A O JOSE L LOPEZ 750 N KING RD APT 305 SAN JOSE CA 95133-1552 or go to your devuce's app store. Or visit www.cmcards.c0m Amount enclosed: Account number ending in 7826 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 Customer Service 1-800-925-8871www.ciiicards.com TTY-hearing-impaired services only 1800-3252865 JOSE L LOPEZ Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this bllllnq period $0.00 Interest charged Date Description Amount 08/15 INTEREST CHARGED TO STANDARD PURCH $109.09 Total Interest charged In this bllllnq period 5109-09 2019 totals year-to-date Total fees charged in 2019 $305.00 Total interest charged in 2019 $784.99 Interest charge calculation Days in billing cyclesa1 Your Annual figrcefltage Rate (APR-{xgthe annyal Intgfest rate on your account. Annual percents e Balance subject Balance type rate (AP ) to Interest rate Interest charge _F_‘UB§HAS.ES...... .. .. , .. _ ., u u Standard PUth 21.99% (V) $5,840.95 (D), $109.09 .APYANEEE. _‘ _. . . _. .. . __ __ __ Standard Adv 27.24% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances foliowed by (D) are determined by the daily bamnce method (Induding current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. ©2018 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are servxce marks of Citigroup Inc. or its affiliates, used and registered throughout the world. American Airlines, AAdvantage and AAdvantage Million Miler are trademarks of American Airlines, Inc. Page 2 of 2
