DeclarationCal. Super. - 6th Dist.January 4, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/2/2021 4:35 PM Reviewed By: A. Villanueva Case #21CV375357 Envelope: 7196825 21CV375357 Santa Clara - Civil A. Villanueva 10 11 12 13 14 15 16 17 18 ' 19‘ 20 21 22 23 24 253 26, 27 28 Adam’Brumage, SBN 283 1 80 Don Phan-Huy, SBN 309853 Ryota Isozaki, SBN 32 1 040 'Derrick Uhri-, SBN 321 161 Matthew W. Keim, SBN 33 1020 Eric Marquez, SBN 33 1023 Karlie D. Schafer, SBN 33 1 884 Lisette Jade Misty Baptiste (334036) Fabiola Rivera, SBN 334563 The Moore Law Group, APC 3710 S. Susan St, Suite 210, Santa Ana, CA 92704 _P.O. Box 25145, Santa Ana, CA 92799-5145 Telephone: (800) 506-2652 Attorneys for Plaintiff, Discover Bank SUPERIOR COURT OF THE STATE OF CALIFORNLA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT, LIMITED JURISDICTION Discover Bank, CASE NO. 21CV375357 Plaintiff, DECLARATION RE NON-ACTIVE MILITARY STATUS vs. Minh V Dang; Defendant(s). 'The undersigned declares as follows: 1. I am an attorney licensed to practice law in the state of California and am an associate attorney of the Moore Law Group, APC, counsel for Plaintiff in this matter. The facts contained in this declération are based upon my review of the books and records of the Moore Law Group, APC maintained in connection With this case. 2. Our office made inquiries and other efforts t0 determine Whether Defendant i's entitled to the protectioh of the Service members Civil Relief Act. Based on the responsé received from the United States Department of Defense Manpower Data Center, the Defendant is not on “active duty” status, as such term is used in the Service members Civil Relief Act. A copy of the Report 0f the Department of Defense Manpower Data Center is attached hereto as Exhibit 1. /// 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25, 26 27 28 \OOOQON I declare under penalty of pexjury under the laws of the State of California that the foregoing is tfue and correct. Dated: SE? U 1 N21 The Moore Law Group, APC. By flfl/ Adanz-mage_ Maria Bradish_ Don Phan-Huy_ Ryota Isoz Derrick Uhri__ Matthew W. Keim__ Eric Marque-z_Karlie . Schafer_ Lisette Jade Misty Baptiste- Fabiola Rivera Attorneys for Plaintiff EXHIBIT 1 Department of Defense Manpower Data Center 3mm: Regan I Emmi tinSmxcem Civfi REESE Ass: SSN: Birth Date: Last Name: DANG First Name: MlNH V Middle Name: Status As Of: Sep-O1 -2021 Certificate lD: YHW7SPVW1YN2Y8X Resuls as of: Sep-m -2021 10:41:42 AM SCRA 5.9 OneAcfiveDuty- On»-Active :Dutygsmtus :Date - ServiceCompunent ActiveDuty Stadiums ActivaoutyzEnuaoate I ' _ Status; NA NA: ‘ m: NA This response rallécs'the'individuals' active duty s tatus based on'the-AcfivezDutyrSlatus Dale LefisAcfive-Duty Mmhin 367'Days of Acn‘Ve Duty Status flatex, Active Duly SIanDale A ctiveDuty‘EndDa‘e. _ V Status Service Component. NA NA . v No NA This response reflects where thejndivldual left agt ive duty status within 667 days preceding the ActiveiDuty Status Date The Member or His/Her Uni! Wastolierg oi;a-Future,Call» Up to ActiveDutysmAcfiveDuty Status Date OrderNotificafion 'Slart Date ¥ OrderNofification :End ED ater , Stanis- Service Component NA NA .v ._ .-_ gNo ~ NA This respunse reflects whethermeindividual or.his lher unit‘has received early, notification to rep ort tor active‘duly Upon searching the data banks of the Department of Defense Manpower Daia' Cenf‘er, bésed on the informa tion that you provided, the above is the status of the individual-on the active duty status date as to all branches of the Uniformed Services (Army. Navy, Marine Corps, Air Force, NOAA, Public Health, and Coasf Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 - The Defense Manpower Data Center (DMDC) is an organizati on of the Department of Defense’(DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official sou rce of data on eligibility ior military medical care and other el igibility systems: The DoD strongly supports the enforcement of the Servicerfiembe rs Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (forme rly known as the Soldiers‘ and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indica ting that the individual is currently on active duty” responses, and has ex perienced oniy a small error rate. In the event the individu al referenced above, or any family member, fiiend, or representative asserts in any manner that the individual was on active duty forthe active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain f unher verification of the person's status by contacting tha t person‘s Service. ‘Service contact information can be found on the SCRA website‘s FAQ page (035) via this URL: httpszllscra.dmdc.dsd.mil/scra/#/taqs. If you have evide nce lhe person was on active duty for the active duty status date and you fail t0 obtain this additional Service verification. punitive p rovisions of the SCRA may be invoked against you. See 50 USC App. § 3921(0). ’ ' This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit receiv ed early notification to report for'active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this cenificate is de fined in accordance with 1 0 USO § 101(d) (1). Prior to 2010 onfy some of the active duty periods less than 30 consecutive days in length were available. In th e case of a member of the National Guard, this includes service under a call to active service authorized by ihe President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergen cy declared by the President and supported by Federal funds. AII Active Guard Reserve (AGR) members must be assigned against an authorized m obilization position in the unit they support. This-includes Navy Training and Admini stration of the Reserves (TABS), Marine Corps Active Reser ve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also appli es to a Uniformed Service member who is an active duty commissione d officer of the U.S. Pubiic Health Service or the National Oceanic and Atmospher ic Administration (NOAA Commissipned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some cate gories of persons on active duty for purposes of the SCRA who would not be r'eported as on Active Duty under this certificate. SCRA protections are for Title 1O and TItIe 14 active duty records for all the UniformedServices periods. Title 32 periods of Active Duty are not covered by SCRA, as defi ned in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of activ e duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protection s are based have not been amended to emend the inclusive dates o f service. Furthermore, some protections of the SCRA may extend to persons who hav e received orders to report for active duty or to be inducted, b ut who have not actually begun active duty or actually reported for inductio n. The Last Date on Active Duty entry is important because a num ber of protections of the SCRA extend be9ond the last dates of active duty. - Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Servi ce members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/d ate of birth, and active duty status date provided by the request er. Providing erroneous information will cause an erroneous certificate to b e provided.
