Declaration CCP 1033Cal. Super. - 6th Dist.January 18, 202121 CV376353 Santa Clara - Civil D Harris Electronically Filed H O\ I, the undersigned, declare and state. as follows:Hq 1. I am the. attorney of record for plaintiff MIDLAND CREDIT MANAGEMENT, INC. H 00 ("Plaintiff") in the above entitled action. To the extent that Plaintiff acts in its capacity as 1 JACK H. POGOSIAN, State Bar No.: 305741 by Superior Court of CA, MANASI TAHILIANI, State Bar No.2 272821 County of Santa Clara, 2 CHRISTINA ARNOLD, State Bar No.: 297590 on 4/29/2021 10:32 AM HYo JIN JULIA JUNG, State Bar No.: 3 16090 - . - 3 MELINE GRIGORYAN, State. Bar No.: 321 133 Eg'eegze1dcsg'7g3ggrr's 4 MICHAEL D. KAHN, State Bar No.: 236898 Envelo e_ 6342326CAMRYN P. BERK, State Bar No.: 3 17565 p ' 5 350 CAMINO DE LA REINA, SUITE 100 E- SAN DIEGO, CA 92108 5g 6 Telephone: (866)300-8750 {3° 7 Facsimile: (858)309-1588 g Attorneys for Plaintiff g 8 E g _. 9 g g 10 SUPERIOR COURT 0F CALIFORNIA i E COUNTY 0F SANTA CLARAn 7 11 I C FE DOWNTOWN SUPERIOR COURT +3 F- 12 ' g E MIDLAND CREDIT MANAGEMENT, INC. Case NO. Zlcv376353 +4 :3, 13 . . 3 f Plalntlff, E E 14 VS DECLARATION RE: Ea ° CODE 0F CIVIL PROCEDURE § 1033; i: LE 15 CAMILO AGUILAR; INTEREST; AND'- .fl Ii; é S E E a E c 8 E E E: g E é g fl. 19 ’ successor in interest to the original creditor or its assigns, references herein t0 Plaintiff may 20 include Plaintiff‘s predecessor in interest. If called to testify, I could and would competently testify as 21 t0 all the facts stated in this declaration, except as to those matters testified t0 upon information and 22 belief, and as to those matters, Ibelieve them to be true. 23 2. I am an attorney and an employee of Midland Credit Management, Inc. ("MCM"), the 24 servicer 0f Plaintiffs account. I have access to and have reviewed the electronic records pertaining to the 25 account and am authorized to make this affidavit on Plaintiff‘s behalf. The electronic records reviewed 26 consist of data acquired from the seller when Plaintiff purchased the account, together with records 27 generated in connection with servicing the account since the day the account was purchased by Plaintiff. 28 In addition, I reviewed the documents that are attached to this affidavit. -1- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_03ZIG File No.: 20-130123 3. Plaintiff is precluded from filing this case in Small Claims Court per Code of Civil Procedure § 116.420(a). 4. The complaint seeks to recover amounts owed by Defendant CAMILO AGUILAR H ("Defendant"). The underlying account that is the basis 0f the instant lawsuit is a credit account that Defendant held with creditor CREDIT ONE BANK, N.A., account number: XXXXXXXXXXXX-3549 (the "Account"). 5. Prior to filing this complaint, all right, title and interest t0 the Account was sold and assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. Additionally, as owner of the Account, Plaintiff can testify to ownership 0f the Account and the fact. that the debt remains unpaid by \OOONGLI’I-hUJN Defendant. HO 6. Upon my review of the Plaintiff’s records as they pertain to Defendant’s account, there H H were, previous transactions between the original creditor and Defendant. Defendant agreed to repay the H [\J amount due to the original creditor, and there was a valid assignment of the account from the original H U) creditor to Plaintiff. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. 7. Prior to the commencement of this action, as part of our usual course of business, andH LII pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing of the intended legal H O\ action and that any judgment entered against the Defendant would include attorney's fees and collections Please understand this communication i5 franm a (fem collector. This is an attempt tan Guillect a debt. Any infurrnatiun obtained will he used for that purpatse. H .p 17 costs. A true and correct copy 0f the letter sent to Defendant is attached hereto as "Exhibit A". 18 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in 19 this action. Defendant was served with the complaint on March 15, 2021. A proof of service was filed 20 with the court. 21 9. I am informed that Defendant has failed to answer or otherwise defend as to Plaintiff's 22 complaint within the time allowed by law, and therefore the allegations of the complaint are deemed 23 admitted by law. 24 10. Plaintiff seeks entry of Defendant's default and judgment as set forth in the Request for 25 Entry of Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. 26 27 28 -2- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.2 20-130123 1 11. Filed as part of this default judgment packet is an affidavit pursuant to Code of Civil 2 Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. 3 COSTS AND FEES 4 . . 12. Pursuant t0 Code of Civil Procedure § 1033(b)(2), Plaintiff is entitled to recover the i 5 actual costs of a filing fee and the actual costs of service of process. E %’_ 6 1'3. It is the normal business and procedure of Plaintiff to microfilm, image or store as E 7' electronic media all documents provided by Plaintiff’s predecessor-in-interest. The records are g 8 microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part of E 9 Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies of 3: . E E 10 documents produced as part of this default judgment packet, including any affidavits and any documents fi. j: E attached thereto, be accepted in lieu of the original pursuant to Evidence Code § 1550.= Eu 11 :f I declare under penalty of pexjury under the laws of California that the foregoing is true and E: 25, 12 correct. E 3 13 E E E E 14 Date April 15, 2021 ' MIDLAND CREDIT MANAGEMENT, INC. fi- 2 E E 15 g 1% By: E E 17 D JACK H. POGOSIAN g: DMANASI TAHILIANI E g 18 D HYO JIN JULIA JUNG E 19 D MELINE GRIGORYAN .E D CHRISTINA ARNOLD g 20 D MICHAEL D. KAHN E D CAMRYN P. BERK g 21 E 22 23 24 25 26 27 28 +3- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_03ZIG File No.: 20- 1 30123 EXHIBIT A AA_0125 File No.2 20-] 30123 M IDLAND CRED IT MANAG EM ENT Our Client: Midland Credit Management, Inc. LEGA L COL LECTION S D E PARTM E NT v Original Creditor: Credit One Bank, N_A_ Original Account No.: XXXXXXXXXXXX3549 Midlandcredit.c0m current Bahnce: $1,132.83 (877)'898‘5°01 Internal Legal Account No.: 20-130123 Jack H. Pogosian, State Bar No. 305741 Christina Arnold, State Bar No. 297590 . . fl Hya Jin Julia Jung, State Bar No. 316090Camllo Aguslar *' Meline Grigorvan, State Bar No. 321133 P“ {,3 298 Palaao ESpada Ct Manasi Tahmani, state Bar No. 272821 San Jose, CA 95116-1536 Carolina Pinheiro. State Bar No..259875 "IIIIIIIIIHIIIIIIII"IllullhlullIIIIIIIIHI"Illlulllllld Nichol Alan De Guzman, State Bar NO. 314989 07/01/2020 REF: Credit One Bank, N.A. Original Account Number: XXXXXXXXXXXX3549 Dear Camito Aguilar, As attorneys with Midland Credit Management, Inc. legal department, we are contacting you regarding the collection of the above balance. Your Credit One Bank, N.A. Account, owned by Midland Credit Management, |nc., has now been transferred to our legal collections department due to non-payment. We are currently reviewing documentation (including the attached documents) in preparation for filing a lawsuit against you. Demand is hereby made upon you for the above payment IN FULL-this is the amount due on your original obligation when transferred to our department. Please send payment Made Payable to Midland Credit Management, Inc. by 07/11/2020. You may also make a payment online at MidlandCredit.com. If we do not receive payment IN FULL by 07/11/2020, we intend to file a lawsuit against you, seeking entry of judgment for your account’s outstanding balance as well as any incurred and recoverable court costs. We intend to continue our collection efforts through various post-judgment remedies available under your state’s laws if a judgment is obtained against you. If you are unable to pay in full by 07/11/2020 please contact our office at (877)-898-5001 to discuss affordable repayment options. Your prompt attention is necessary to avoid a laWsuit. PIeasa call (877)-898-5001 no later than 07/11/2020. You may alsa make a payment online at MidlandCredit.com. Sincerely, Attorneys for Midland Credit Management, Inc. P.S. Attached are copies of some of the documents we received from the original creditor regarding this account. When your account has been paid, and if data related to the account is still being furnished to the consumer reporting agencies, a request will be made of the three major consumer reporting agencies to report the Midland Credit Management, Inc. trade line related to the above referenced account as paid. 005261 mm onnne @!=_ P.o. Box 2121 Warren, MI 48090 MidlandCredit.com Call (877)-898-5001 Hours of Operation: M - Fri: 8:003ni - 7:30pm EST Sat: Closed Sun: Closed _____________________B9.5.455. ?EEBFXEBEEE'PFfQB_'“!'_’9F_‘TA'YT_PE§§E9§955 E’EQEMAT'ON __ ___________- - - Please tear ofl' and return lower porf'ion with payment in the envelope provided ---------- PAYMENT CERTIFICATE _ Internal Legal Account Number: 20-130123 Payment Options: Original Account Number: XXXXXXXXXXXX3549 1) pay by phone; (3733935001 current Balance 51:132-88 2) Mail in this certificate with your payment and Amount Endased: 5 make check payable to: Midland Credit Camilo Aguilar Management, Inc. 298 Palacio Espada Ct San Jose, CA 95116-1536 ,3... _ 0102|00095251 fi oooooooo @13. v.0. Box 2121 Warren, MI 48090 PRE_002 GL_0702G 20- 130 123 IMPORTANT DISCLOSURE INFORMATION: Please understand this is a communication from a debt collector. This ls an attempt to collect a debt. Any information obtained wiIl be used for that purpose. f-\ Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS TO: P.O. Box 2121 Warren, Ml 48090 MAIL CORRESPONDENCE TO: P.O. Box 2121, Warren, MI 48090 We are required under state law to notify consumers of the following additional rights. This list does not contain a complete list of the rights consumers have under appficable law: [F YOU LIVE IN CALIFORNIA, THIS APPLIES T0 YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legal proceedings could result in a judgment against you that could include court costs and necessary disbursements under applicable law, if Midland Credit Management, Inc. is found to be legally entitled to the same. PRE_002 GL_0702G 20- 1 30123 CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 3549 July 28. 201 9 to August 27, 201 9 SUMMARY OFACCOUNT ACTIVITY PAYMENT InFonmA‘noN Previous Balance $1 £69.89 New Balance $1 .132.88 Payments - $0.00 Past Due Amount $31 5.00 Olher Credits - $0.00 Amount Due This Period $852.88 Purchases + $0.00 Mlnlmum Paymenl Due $1 ,1 32.88 Cash Advances + $0.00 Payment Due Data 09123/19 Fees Charged * “3'25 Late Pa ment Wamin : Ime'es‘ Charged + $1 9'74 I! we doynot receive yogur minimum payment by [he date listed above, New Balance smazse you may have lo pay a late fee up (o $35. . . . Minimum Pa men! Warnin : Greg“ L'm“ , $65030 If you maka znly me minimgum payment each period. you will pay more Ava'lab'e cred“, $0.00 in interesr and It will take you Ionget to pay of! your balance. Statement Closmg Data 08/27/1 9 Days In Billing Cycle 31 For example: It you make no You will pay off lhe And you win QUESTIONS? additional charges balance shown on 9nd up paying Call Customer Service or Report using this card and me statement in an esflmaled a Lost or Stolen Credit Card 1-877-825-3242 each monfi'l YOU Day-u about"- 3013' 0L- Outsida Ihe U.S. Call 1-702-405-2042 Only the mlnlrnum Please send billing inquiries and corlespandence to: payment I months $1.133.00 P.O. Box 98873. Las Vegas, NV 891 93-8873 I _ If you would like a location for credn counseling sowlces. call 1-866-51 5-5720. TRANSACTIONS Reference Number Trans Dale Posl Date Description o! Transaclion or Credit Amount Fees F5727007FOODCYLAC 08/27 08/27 ANNUAL FEE 09/19 THROUGH 09/19 8.25 08/27 08/27 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 43.25 lnteias! Charged 08/27 08/27 Interes‘ Charge on Purchases 19.74 08127 08/27 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 19.74 2019 Totals Year-to-Date (v) = Variable Rate Total fees charged in 201 9 $346.00 Total interest charged in 201 9 $1 34.28 Your account is currently closed. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) ls me annual interest rate on your account. Balance Subject lo Type of Balance Annual Percentage Rate (APR) Interest Rate lnleresl Charge Purchases 26. 1 5%(v) $906.08 $1 9.74 Cash Advances 26.15%(v) $0.00 $0.00 5385 JBH 001 7 27 190827 0 CXPAGE 1 0H 20 5727 9520 MHS OIGR5385 Please mtum mis portion wilt- ynur payment. and wnlo you accoun: number on your chuck. made Dayabie to CREDITONE RANK. Account Number: New Balance: Crséitgm‘ PAY YOUR BILL ONLINE at CreditOneBank.com-3549 $1,132.83 Minimum Payment Due: $1 .132.88 Fox addless. telephone and email changes. Paymem Due Date: please complete lite reverse side. Or. update your contact information online 09/2311 9 mousmosa! www.CIediXOneBanknom. 'I'l'l"|I"'III'I'IIl'n'nll“l'l'""llll"I'II"I'I'"I-[|'Il CREDIT ONE BANK CAMILO AGUILAR PO BOX 60500 3924 ALTADENA LN CITY 0F INDUSTRY CA 91716-0500 SAN JOSE CA 95127-2501 0202100005261 0000 0000 "‘5 II"IIIIIIIIIIIIIIIIIIlllulllhlIlllllllllllllllllllIIIIIIIIIIII 0000000 o1 13288 o1 13288-549 4 GL_0702G 20- 1 301 23 GL_0702G 20- 1 3O 123
