DeclarationCal. Super. - 6th Dist.March 5, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV37771 O Santa Clara - Civil JACK H. POGOSIAN, State Bar N0.: 305741 MANASI TAHILIANI, State Bar N0.: 272821 CHRISTINA ARNOLD, State Bar N0.: 297590 HYO JIN JULIA IUNG, State Bar N0.: 316090 MELINE GRIGORYAN, State Bar'No; 321 133 MICHAEL D. KAHN, State Bar N0.: 236898 CAMRYN P. BERK, State Bar N0.: 3 1.7565 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/12/2021 9:54 AM Reviewed By: D Harris Case #21 CV37771 0 Envelope: 6426955 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, V. RICKY ALVAREZ Defendant(s). Case No. 21CV377710 DECLARATION IN SUPPORT OF JUDGMENT PURSUANT TO C.C.P. § 585(d) EXHIBITS IN SUPPORT OF JUDGMENT DHa rris CA_041 1G File N0.: 20-2346 1 5 H STATE OF CALIFORNIA COUNTY OF \DmflQM-hUJN MIDLAND CREDIT MANAGEMENT, INC, 10 11 Plalntlfi l2 .vs_ DECLARATION OF BRENDA BITTMAN IN SUPPORT OF IUDGNIENT 13 RICKY ALVAREZ, 14 Defendant(s). 15 1 6 Brenda Bittman, whose business address is 16 McLeland Road Suite 101, St. Cloud, 17 MN 56303, certifies and says the following statement in support of Plaintiff‘s Application for 18 Default Judgment: 19 1. I am an ofi'icer for and employed as a Legal Specialist by Midland Credit Management 20 Inc. ("Plaintifi"). Iam a competent person over eighteen years of age, and make the statements 21 herein based upon personal knowledge of those account records maintained by Plaintiff. 22 Plaintifi‘ is the current owner of, and/or successor to, the obligation sued upon, and was 23 assigned all the rights, title and interest to Defendant's SYNCHRONY BANK account 24 XXXXXXXXX)OC(6880 (MCM Number 300501806) (hereinafier "the account"). 25 2. Ihave access to and have reviewed the electronic records pertaining to the account 26 maintained by Plaintiff and am authorized to make this afi'ldavit on Plaintifi‘s behalf. The 27 electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff 28 purchased or was assigned the account, together with records generated by Plaintiff in DECLARATION OF BRENDA BITTMAN IN SUPPORT OF JUDGMENT - 1 lflflllfiilllfllflllflllflfilllmlfifllflll lflfllllflflllllfllilllllfllflfllfllflmnfll lllflllfilflllllllllflllflflllllilflfllfl 300501806 AFFRECMEDIA 20-234615 H connection with servicing the account since the date Plaintiff purchased or was assigned the account. In addition, I reviewed the documents that are attached to this afi'idavit. 3. I am familiar with and trained on the manner and method by whichMCM creates and maintains its business records pertaining to this account, which consist of (i) data and documents acquired fi'om the seller, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course ofMCM’s business. It was in the regular course ofMGM’s business for a pers0n with knowledge of the subsequent collection and/or servicing activities recorded to make the record or data \OOOQOxU-uhwu compilation, or to transmit information thereofto be included in such. record, or for such HO information to be posted in MCM’s records by a computer or similar digital means. In the y-d p-n regular course ofMCM’s business, the record or compilation ofthe subsequent collection H N activities is made at or near the time ofthe act 0r event by MCM as a regular practice. 4. On or about 2018-12-27, NHDLAND CREDIT MANAGEMENT, INC. became the I-I-n hm successor in interest to this account. Plaintifi' acquired and incorporated the attached account fl U1 records into its permanent business records as a result of Plaintifi‘s purchase or assignment of H Q the account. These records are kept in Plaintifi’s regular course of business and, along with p-n Q the electronic records provided at the time of purchase or assignment, are Plaintifi's primary H OO source ofbusiness records for this account. y-a \O 5. The accuracy of such records is relied upon by Plaintifi‘ in collecting this account. These NO records are trustworthy and relied upon because the original creditor was required to keep N F- carcfiml records of the account at issue in this case as required by law and/or suffer business N [\J loss. Mu 6. This account was purchased afier 2014-01-01 and, therefore, is subject to California Civil Code Section 1788.60. NMUI-F 7. In accordance with California Civil Code sections l788.58(a)(3-8), Plainfifi’s records N0‘ show the following relevant information concerning the account: N\1 a. Plaintiff is the sole owner of the account. N00 DECLARATION OF BRENDA BITT‘MAN IN SUPPORT OF JUDGMENT - 2 lfllfllflfllflfllflfllllfllflfilfllflfllflfllfll} lflfllflflfllfifllfllfillflllflfllfllfllfilfllllfllllllll lMHlfillfllllfiHl‘ilfllfllfill 300501806 AFFRECMEDIA 20-234615 H b. The account was opened on 2018-03-05 and charged-ofi‘ on 2018-1 1-23 with a balance of $1,862.39. c. Plaintifi‘s records show that the balance of $1,762.39 remains due and owing as of 2021-04-08. Plaintiff is not seeking to recover any post charge-ofi‘ interest and/or fees that may have been imposed by the charge-ofi' creditor or subsequent purchasers of the debt and is seeking to recover only that portion of the charge~off balance that remains due and owing as of 2021-04-08. d. The last payment posted to the account on 20 19-02-15. QOOQQM-PDJN e. The charge-ofl‘ creditor name and address at the tirne of charge-ofi‘: SYNCHRONY BANK, 170 ELECTION RD SUITE 125, DRAPER, UT 84020 NH t-‘O f. The charge-ofi' account number associated with the debt at time of charge-ofi‘was XXXXXXXXXXXX6880. Hm MN g. Defendant's name and last known address as it appeared in the charge-ofi creditor p-oA or debt owner’s records prior to the sale to Plaintiff: RICKY ALVAREZ, 2634 MEDIA WAY , SAN JOSE, CA 95125-5819 h. The complete chain of title including SYNCHRONY BANK and all post charge--o)-I-‘ QQUI offpurchasers/assignees of the debt are as follows: l. SYNCI-[RONY BANK 170 ELECTION RD,SUI_TE 125,DRAPER,UT,84020 2. Midland Credit Management, Inc. 350 CAMINO DE LA REWA,SUITE 100,SAN DIEGO,CA,92108 NNs-nr-I floooo 8. Plaintiff‘s records show that Plaintiff or its agents made demand for payment of the NN balance herein prior to making this afidavit and Defendant(s) failed to make full payment of N b) the amount owed on the account. NA 9. Attached hereto as Exhibits A, B, and C are the account records I reviewed in executing N III the afi‘idavit that relate to the account and/or payment(s) received. NNN OOQQ DECLARATION OF BRENDA BITTMAN IN SUPPORT OF JUDGMENT - 3 lflfllllllfllfllflflflllllimlfllllllflfl lllflllfllllflillfl lEllllfllfllflilMfllflll lflllflflfllfllflllfilflflflfllflflfllflfllflfl 300501806 AFFRECMEDIA 20-234615 b-l Exhibit A. Chain of Title and Seller/Assignm Data Sheet - establishing the facts required under Civil Code sections 1788.58(a)(3), (4), (5), (7) and (8) Exhibit B. Monthly Statement Recording a Purchase Transaction, Payment, or Balance Transfer - establishing the fact required under Civil Code section 1788.58(a)(5) Exhibit C. Final Billing Statement or other Records - establishing the facts required under Civil Code sections 1788.58(a)(4) and (6) mquhkml'd 9 10. The documents attached hereto are true and correct copies ofthe originals, being a 10p reproduction of Plaintiffs records, based upon my review, except to the extent that confidential ll and privileged information and/or personal identifying information i5 omitted or redacted as 12 required by local rules, and applicable state and federal law. 13 11. If called to testify as a witness thereon, I could and would competently testify as to all 14 the facts stated herein. 15 1 6 17 18 mm 2021 Date 19 @deo/ Evebww‘ 20 Brenda Bittman I declare under penalty of pexjury under the laws of the State of California that the foregoing statements are true and correct. 21 22 23 24 25 26 27 28 CA137 DECLARATION OF BRENDA BITTMAN IN SUPPORT OF IUDGNIENT - 4 Illflllfifllllfllflflllfllflllflfllfiflllmlflfl lflflflfllflfllflllflfllfifllfilflfifllmll lflflflflllfllfllfllflflflflflflfilfllflll 300501806 AFFRECMEDIA 20~234615 EXHIBIT A f synchronyBANK 4125 Windward Plan Alpharuna. Ga. 30005-8378 BILL ofSALE For value received and in further consideration ofthe mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement’fi, dated as ofthe 30'“ day ofAugust, 2018 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C-; and Retail Finance Credit Services, LLC (collectively “Seller") and Midland Credit Manageumnt, Inc. (“Buyer”), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on December 20, 2018, and as further described in the Agreement. _ Capitalized terms not defined herein shall have the definition ascribed in the Ageement With respect to information for the Accounts summarized in the Notification Files, the Seller represents and warrants to Buyer that (i) the Account information constitutes the Seller’s own business tecords and accurately reflects in all material reapects the information in the Seller’s database; (ii) the Account information was kept in the regular course ofbusinws; (iii) the Account infomation was made at or near the time by, or fiom information transmitted by, a person with knowledge of the data entered into and maintained in the Accuunt’s database; md (iv) it is the regular practice offile Seller's business to maintain and compile such data. Retail Finance Credit Services, LLC By:W4 L Purchase Price Reconciliation/Funding Instructions December 20, 20 1 8 T0: Midland This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 30th day of August, 201 8 (the “Effective Date”), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RPS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively, “Seller”) and Midland Credit Management, Inc. (“Buyer”) with reference to the foilowing facts and circumstances: Portfolio RMS NG Agcy_Atty Code MLFS Total Number of Accounts - Outstanding Balances on Transfer Date _ Cut-OffDate December 20, 201 8 Transfer Date December 20, 201 8 Purchase Price Factor _ Purchase Price - 0% Holdout - Amount of Wire transfer _ Date of Funding: December 27, 201 8 Bank: ABA No. Account No: Account Holder: Location: AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Florida County of Seminole Paola N. Medina being duly sworn, deposcs and says: Iam over 18 and not a party of this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position, I have access to creditor‘s books and recerds, and am aware of the process of the sale and assignment of electronically stored business records. On or about 12/20/2018 Synchrony Bank formerly knOWn as GE Capital Retail Bank sold a pool of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to MIDLAND CREDIT MANAGEMENT. As part of the sale ofthe Accounts, electronic recerds and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course ofbusiness of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts: The above statements are true lo the best ofmy knowledge. Signed this 8th day ofJanuary, 2019 aflfleoaj Paola N. Medina Signed and sworn to before me this 8th day of January, 2019 (Notary Stamp) ‘v ( “\ \J; )m .fa’NL C ?’Vy w JASMINE s. FRY£ 3:, State of Florida-Notary Public .i. 2° -'s Commission {I GG 152450 I 5‘3 ‘7; . . . I zywnflc My Commussnon Expues J "mm“ October 17. 2021 NY AOS 1.3 2/1/2017 - St. Paul CERTIFICATE OF CONFORMITY UNDER NYS CLS CPLR § 2309(c) AND NYS CLS RPL S 299-3 The undersigned does hereby certify that he/she is an attomey-at-law duly admitted to practice in the State of Florida and residing in the State of Florida; that he/she is a person duly qualified to make this certificate ofconformity pursuant to Section 299-a of the Real Property Law of the State ofNew York; that he/she is fillly acquainted with the laws of the State of Florida pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proof upcm the foregoing Affidavit of Paola N. Medina was taken by Jasmine S. Fry, a notary public in the State ofFlorida, in the manner prescribed by the laws of the State of Florida, being the state in which the Affidavit was taken; and, based on his/her review thereof, that the notarized Affidavit conforms to the laws of the State ofFlorida in aII rCSpects. Witness my signature this 8th day of January, 2019 Mo/m Alexandria Gordon Attomey-at-Iaw, State of Flon'da. Field Field Data Account Number -6880 First Name RICKY Last Name ALVAREZ SSN XXX-XX-1 963 Date of Birth _ Address 1 2634 MEDIA WAY City SAN JOSE State CA Zip 95125-5819 Open Date 03/05/201 8 Last Purchase Date 03/05/2018 Last Payment Date 04/02/201 8 Last Payment Amount $1 00.00 Sale Amount $1 .862.39 Charge Off Date 11/23/201 8 Charge off Balance $1 .862.39 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments and Credits $0.00 Affinity MEGA GROUP USA INC Alternate Account #1 -0909 Account information provided by Synchrony Bank formerly known as GE Capital Retail Bank pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 12/27/2018 in connection with the sale of accounts from Synchrony Bank formerly known as GE Capital Retail Bank to Midland Credit Management, Inc. Midland (MLFS) - PSCC Fresh - December 2018 EXHIBIT B MEGA GROUP USAJNCISYNCHRONY BANK RIG
