Default EnteredCal. Super. - 6th Dist.November 23, 2020on 4/27/2021 12:34 PM Reviewed By: D Harris Envelope: 6324287 ClV-1 05 ATTORNEY OR PARTY \MTHOLJT ATTORNEY: STATE BAP, No.2 FOR COURT USE ONLY NAMEChristopher D. Mandarich SB 220693 FtRM NAME: Mandarich Law Group, LLP STREET ADDPESS: P.O. Box 109032 cny. Chicago STATE: IL Zip CODE: 606m TELEPHONE No; 877.285.4918 FAX N0" 818.888.1260 EVMAI AD '- SS: .L 0‘5 LVNv Fundmg LLc ATTORNEY FOR (name) SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA SWEETADDREQSI 191 N FIRST STREET MAILING ADDRESS: CITYAND ZIPCODE. SAN JOSE CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE Plaintiff/Petitioner:LVNV Funding LLC Defendant/Respondent Fessiha H Bereded, an individual CASE NUMBER: REQUEST FOR (Application) [X] Entry of Default Judgment 20CV373907 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): 11/23/2020 b. by (name): LVNV Funding LLC c. Enter default of defendant (names): Fess‘ha H BeredEdI a” ind‘V‘dua‘ d. I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): Fessiha H Bereded, an individual (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. [:3 Defaultwas previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint* $ 2,708.79 $ 0.00 $ 2,708.79 b. Interest $ 0.00 $ 0.00 $ 0.00 o. Costs (see page 3) $ 276.00 $ 0.00 S 276-00 d. Attorney fees $ 0.00 $ 0.00 $ 0.00 e. TOTALS $ 2,984.79 $ 0.00 $ 2,984.79 (* Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code, §§ 1788.58(a)(4), 1788.60(a).)) This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). Requirements for the com plaint‘ a. The complaint alleges ALL of the following (Civ. Code, §§ 1788.58, 1788.60): (1) 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 piaintiff 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 or 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 chargeoff 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; Page1 of3 Form Adapted for Mandatory Use Code 0t Civn! Procedure, § 585. Judicia! Council ofCaIIfomra REQUEST FOR ENTRY 0F DEFAULT Chill Code. § 178860 ClV-1OS [Rev. January ‘l. 2020} (Fair Debt Buying Practices Act) www.oourts cagov \\IIHIIIWI‘IHIIWIIIHIIHIl‘IIIWII|HH|||H|\|\HIIH||>H||\ FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373907 By: ychavez 04/27/2021 CIV-1 05 Plaintiff/Petitioner: LVNV Funding LLC CASE NUMBER: Defendant/Respondent: Fessiha H Bereded, an individual 20CV373907 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 ail persons or entities that purchased the debt after chargeoff, including the plaintiff debt buyer, in sufficient form so as to reasonabiy identify each such purchaser; and (9) That the plaintiff has complied with Civil Code section 1788.52. b. A copy of the contract or other document described in Civil Code section 1788‘52(b) is attached to the complaint. 5. Documentation requirements for defaultjudgment. ALL of the following documents are submitted with this request for default judgment (Civ. Code, § 1788.60(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 1788‘52(b) regarding documentation, including for revolving credit accounts. b. Business records, authenticated through a sworn declaration, to establish: (1) That the plaintiff is EITHER the sole owner 0f 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-ofi cred'rtor or any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) The name and address of the charge-ofi 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; and (6) The names and addresses of all persons 0r entities that purchased the debt after chargeoff, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser. Date:Aprils,2021 OQMM Christopher D. Mandarich SB 220693 > (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) Default entered as requested on (date): USE ONLY (2) E: Default NOT entered as requested (szate reason): Clerk, by Deputy 6. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or uniawful detainer asSistant [:3 did did not for compensation give advice or assistance with this form If declarant has received any help or advice for pay from a legal document assistant or unlawfu! detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 7‘ m Declaration under Code Civ. Proc., § 585.5 (for enhy ofdefau/t under Code C/‘V‘ Proa, § 585(6)) This action a. E is is not on a contract or installment sale for goods or services subject to Civ, Code, § 1801 et seq. (Unruh Act), b. E1 is is not on a conditional sales contract subjectto Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is [:1 is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ‘ Proo, § 395(b). CIV-106[Rev, January 1. 2020] REQUEST FOR ENTRY 0F DEFAULT Pagez of3 (Fair Debt Buying Practices Act) ychavez X 04/27/2021 ClV-105 Plaintiff/Petitioner: LVNV Funding LLC CASE NUMBER: Defendant/ReSpondent Fessiha H Bereded, an individual 20CV373907 8, Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Eniry of Defaultwas a. E: not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff‘s attorney (names): , b. mailed first-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): (2) To (specify names and addresses shown on the envelopes): APR 2 fl 2’02} Fessiha H Bereded 3537 Alden Way Apt 6 San Jose CA 95117-1514 I dectare 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: QPR e) g 9m};~ -. {XEYWWéfiszf%zniflzgfl? ’,x (TYPE 0R PRINT NAME) V (sxeNAwRE 0F DECWANT) 9. Deciaration of nonmilitary status (required forajudgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C, App. § 391 1 (2), or California Military and Veterans Code sections 400 and 4020‘). 10. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proo, §10335y a. Clerk's filing fees .............................................. $ 18 1 .00 b, Process server's fees ...................................... $ 95.00 C. Other (specify) : $ d. $ e. TOTAL ............................................................. S 27600 7-» [:1 Costs 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. l declare under penalty of perjury under the laws 0f the State of California that the foregoing items 9 and 10 are true and correct. Date;ApriI5,2021 OQMMChristophero. Mandarich SB 220693 D (TYPE OR PRINT NfiME) (SIGNATURE OF DECLARANT) CW-1U‘5 [Rem January 1‘ 2020] REQUEST FOR ENTRY 0F DEFAULT Pages of3 (Fair Debt Buying Practices Act)
