DeclarationCal. Super. - 6th Dist.December 7, 2020KOOOQONUl-RUJNH r-atr-‘r-‘r-tr-AHr-t ONUl-PUJNHO 200V37391 6 Santa Clara - Civil Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 K011 Circle, Suite 104 San Jose, California 95 1 12-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/14/2022 5:12 PM Reviewed By: R. Walker Case #20CV37391 6 Envelope: 8068320 DAVID CHAI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA DAVID CHAI, individually and 0n behalf Case No. 20CV373916 of all others similarly situated, (Unlimited Civil Case) Plaintiff, Assigned for A11 Purposes t0 V' The Honorable Patricia M. Lucas VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC, a Delaware corporation; and DOES 1 through 10, inclusive, DECLARATION OF DAVID CHAI IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATION H fl Hearing Date: February 23, 2022 Defendants. Hearing Time: 1:30 p.m. Hearing Dept: 3 NNNNNNNNNHH OONONUI-RUJNHOKOOO I, DAVID CHAI, declare under penalty 0f perjury, under the laws of the State of California, that the following statements are true: 1. I am the named Plaintiff in the above-captioned action, and I reside in Santa Clara County, California. 2. I have personal knowledge 0f the following facts, and if called as a witness, I could and would competently testify thereto. 3. In September 0f 2020, I received a collection letter from Convergent Outsourcing, Hearing Location: 191 North First Street San Jose, California _ 1 _ DECLARATION OF DAVID CHAI Case N0. 20CV373916 KOOOQONUl-RUJNH NNNNNNNNNr-‘r-‘r-‘r-‘r-ir-‘Hr-Ar-‘r-A OONONUI-PUJNHOKOOOQONUI-RUJNHO Inc., ostensibly 0n behalf 0f Defendant, VELOCITY INVESTMENTS, LLC (“VELOCITY”), attempting t0 collect a charged-off consumer debt originally owed t0 Citibank, N.A. A true and accurate copy of the said collection letter, dated September 23, 2020, is attached hereto, marked as Exhibit “1,” and incorporated herein by reference. This collection letter (Exhibit “1”) was the first written communication that I received from VELOCITY in connection with the collection 0f the subject debt. 4. The debt which VELOCITY sought t0 collect from me was incurred primarily for personal, family, 0r household purposes. Specifically, the debt was incurred to purchase personal items, including food, groceries, and other household items. 5. I understand that this lawsuit alleges that Defendants violated the California Fair Debt Buying Practices Act, California Civil Code § 1788.52(d)(1). Specifically, Defendants’ first written communication failed t0 provide the notice required by California Civil Code § 1788.52(d)(1). On behalf of myself and all persons similarly situated, I seek declaratory judgment and statutory damages against Defendants for this Violation. 6. My claims, and those 0f the class I seek t0 represent, arise from Defendants’ routine practice of sending collection letters, like the one sent t0 me, that Violate California law. 7. I understand that a class action is a lawsuit brought by one person, myself, 0n behalf 0f a group of people who have been treated in the same illegal manner by Defendants. 8. I am willing t0 be a representative of the class. 9. Iunderstand: a. that as class representative I have the responsibility t0 see that the lawyers prosecute the case 0n behalf of the entire class, not just myself; b. that I may have t0 testify at a deposition and/or trial and provide documents DECLARATION OF DAVID CHAI Case N0. 20CV373916 \OOOQOUl-RUJNr-A NNNNNNNNNr-tr-tb-tr-tr-tr-‘r-tr-Ar-‘r-A OOQONUI-PUJNHOKOOOfloUl-PUJNF-‘O and information for use in the case; and c. that the Court must approve any settlement 0f this case as a class action. 10. I have arranged for my attorneys t0 advance all costs of this action, including notification to the class, while I remain responsible for my pro rata share of such costs. 11. Prior t0 the filing of this lawsuit, I reviewed and approved the Class Action Complaint for Statutogy Damages. My counsel have also been providing me With documentation and updates about this case on a frequent basis. I have been and Will remain an active participant in this litigation. 12. I understand that courts have sometimes approved a service award t0 the named plaintiff for serving as the class representative, but that I am not entitled to such an award as a matter 0f right, and that I have not been promised 0r guaranteed money for being the class representative. 13. I am not employed by, or related t0, any ofmy attorneys, Fred W. Schwinn, Raeon R. Roulston, 0r Matthew C. Salmonsen. I understand that they Will be paid as directed by the Court from Defendants’ assets 0r the funds recovered for the class, if the case is successful. Executed at San Jose, California, on January 13, 2022. ID KnWm85h1ongQGSt8FfVRBSS David Chai, Plaintiff DECLARATION OF DAVID CHAI Case N0. 20CV373916 eSignature Details Signer ID: KnWm8sh1ongQGSt8FfVRBSS Signed by: David Chai Sent to email: david3285@hotmail.com IP Address: 107.77.21 2.175 Signed at: Jan 13 2022, 4:03 pm PST