Default EnteredCal. Super. - 6th Dist.November 23, 2020on 3/18/2021 11:44 AM Reviewed By: D Harris Envelope: 6061154 ClV-105 ATTORNEY, OR'PARTY WITHOUT ATTORNEY: STATE BAR No.1 NAMEChristopher D. Mandarich SB 220693 FIRM NAME: Mandarich Law Group, LLP STREET ADDRESS: P.0. Box 109032 CITY; Chicago STATE: IL ZIP CODE: 60610 TELEPHONE N0: 877.285.4918 FAX ”048183881260 E‘MA'L ADDRESS‘ LVNv Funding LLc ATTORNEY FOR (name): SUPERIOR COURT or CALIFORNIA. COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N FIRST STREET MAILING ADDRESS: cm AND z.p CODE; SAN JOSE CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE Plaintiff/PetifionerzLVNV Funding LLC DefendanURespondent Hongngoc V Luu, an individual FOR COURT USE ONLY CASE NUMBER: REQUEST FOR (Application) m Entry of Default Judgment 20CV373911 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) a. on (date): 11/23/2020 ' b. by (name): LVNV Funding LLC c. Enter default of defendant (names): H0“3"8°c V LU”: a" indiVidua' d. I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): Hongngoc V Luu, an individual (Testimony may be required Check with the clerk regarding whether a hearing date is needed.) e. E Default was previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint" $ 4,019.50 $ 0.00 $ 4,019.50 b. Interest s 0.00 $ 0.00 $ 0.00 c. Costs (see page 3) $ 276.00 $ 0.00 $ 276.00 d. Attorney fees $ 0.00 $ 0.00 $ 0-00 e. TOTALS $ 4,295.50 $ 0.00 $ 4,295.50 (” Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code, §§ 1788.58(a)(4), 1788.60(a).)) 3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). 4. 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 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 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 fine 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 cred'rtor's account number associated with the debt; Page 1 of 3 Form Adopted for Mandatory Use C d tC‘ ‘I P d _ 585: mdidal Council olCaIiromia REQUEST FOR ENTRY O_F DEFAULT o e o gllvil ?gdeegefigsfio CIV-105 [Rev. January 1. 2020] (Fall’ DEbt Buymg Practices Act) www.oourts.m.gov |||||||||fl||||||l|fllIlfllIllllHIIIllllllllllIllllfllllllfllflllllll FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373911 By: RTien MAR 18 2021 CIV-105 plaintifi/Pefiuoner: Lva Funding LLc CASENUMBER: Defendant/Respondent: Hongngoc V Luu, an individual 20CV373911 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 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 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 default judgment. 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 owmer of the debt OR has the authority to assert the rights of all owners of the debt; - , n exp ana Ion o 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 su bsequent 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-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-ofi 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 creditors records prior to the sale of the debt; and (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. Date:March4,2021 C&MM Christopher D. Mandarich SB 220693 } (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) E Default entered as requested on (date): USE ONLY (2) C: 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 assistantE 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 unlawful detainer assistant, state: a. Assistant’s name: Telephone no.2 County of registration: Registration no.: Expirw on (date): b. Street address, city, and zip code: firvslo 7. m Declaration under Code Civ. Proc., § 585.5 (for entry ofdefault under Code Civ. Proc., § 585(a)). This action a. E is is not on a contract or installmentsale for goods or services subjectto Civ. Code, § 1801 et seq. (Unruh Act). b. D is is not on a conditional sales contract subjectto Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). cw-1os [Rev. January 1, 2020] REQUEST FOR ENTRY 0F DEFAULT Pagez ora (Fair Debt Buying Practices Act) x 3/18/2021 R. TIEN ClV-105 PIaintiff/Petitioner: LVNV Funding LLC CASE NUMBER: Defendant/Respondent: Hongngoc V Luu, an individual 20CV373911 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Enb'y of Default was 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): MAR 1 6 2 021 (2) To (specify names and addresses shown on the envelopes): Hongngoc V Luu 3900 Moorpark Ave Apt 162 ‘ San Jose CA 95117-1834 I declamunder penalty of perjury under the laws of the State of California that the foregoing 'rtems 6, 7, and 8 are true and correct. Date: MAR 1 6 2021 Carmen J Santiago } (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 9. Declaration of nonmilitary status (required forajudgment). N0 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.8.C. App. § 391 1 (2), or California Military and Veterans Code sections 400 and 402(f). 10. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees .............................................. $ 181 .00 b. Process server's fees ........................................ $ 95.00 c. Other (specify): $ d. $ e. TOTAL ..................... $276.00 f. E Costs 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. I declare under penalty of perjury under the laws of the State of California that the foregoing items 9 and 10 are true and correct. Date;March4,2021 OQMMChristopher D. Mandarich SB 220693 ’ (TYPE OR PRINT NAME) (SIGNATURE 0F DECLARANT) CIV-105 [Rem January 1. 2020] REQUEST FOR ENTRY OF DEFAULT Pages of3 (Fair Debt Buying Practices Act)