Declaration CCP 585Cal. Super. - 6th Dist.March 11, 2021DocuSign Envelope ID: 1F763FBF-2884-4AOD-880E-ACA508382302 21CV378943 \OOOQONUl-PUJNr-n NNNNNNNNNHHr-tr-AHp-Ap-Ap-Ap-AH OOQONUI-thHOOOOflONUI-bwlvh‘o Santa Clara - Civil FLINT c ZIDE, SBN 160369 / JACOB P. WILSON, SBN 331448 LAW OFFICE 0F HARRIS & ZIDE 1445 HUNTINGTON DRIVE, SUITE 300 SOUTH PASADENA CA 91030 TELEPHONE: (626)799-8444 FACSIMILE: (526)799-8419 ATTORNEYS FOR PLAINTIFF A. Villanu Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/21/2021 7:40 AM Reviewed By: A. Villanueva Case #21CV378943 Envelope: 7905560 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE COURTHOUSE, CIVIL CASE DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT C.C.P.585 (d) Bank of America, N.A. CASE N0. 21CV378943 PLAINTIFF, VS. KIANYA T VARNER DEFENDANT(S) The declaration is attached hereto and hereby incorporated herein. 8V8 DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5083823D2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FLINT C ZIDE 1445 HUNTINGTON DRIVE SUITE 300 SOUTH PASADENA, CA 91030 626-799-8444 _ 626-799-841 9 SANTA CLARA COURTHOUSE Bank of America, N.A. P/a/nt/fii v. Case No. 21CV378943 DECLARATION IN SUPPORT OF KIANYA TVARNER APPLICATION FOR ENTRY OF (hereinafier, the ”Defendant”). JUDGMENT I, Shem' Griffin, hereby declare: 1. | am over 18 years old and competent to make this Declaration. | am a custodian of records, authorized Officer, and employee of Plaintiff Bank of America, N.A. (“BANA”). l am duly authorized to make this Declaration, and because of the scope of my job responsibilities, l am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. BANA is a whoIIy-owned subsidiary of Bank of America Corporation and the successor-in- interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 3. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this declaration are true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records, and my review of said records. 4. The books and records of Plaintiff show that the Defendant opened an account with BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the “Account”) and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement (“Agreement”) governing use of the Account. Further, the Defendant has breached the Agreement by failing to make periodic payments as required thereby. ID: 506758405502 DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5C83823D2 .-L 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. The books and records of Plaintiff show that the Defendant is currently indebted to Plaintiff on Account number )0000000000(X4575 for the just and true sum of $26483.95, and that all just and lawful offsets, payments, and credits have been allowed. The last payment to the Account occurred on 01/08/2020. The Agreement entered into between the Defendant and the Plaintiff, or a predecessor in interest, also authorizes Plaintiff to recover reasonable costs, to the extent permitted by law, from Defendant. 6. Under California Code of Evidence § 1550 (a)(2), a true and accurate copy (save for any marking made to redact certain information) of the last periodic statement generated prior to charge-off of the Account is attached hereto and incorporated herein by reference. Since the date of charge-off, there have been credits, payments, or other adjustments in the net amount of $0.00, leaving a present balance of $26483.95 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. 7. I declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness lwould competently testify, under oath, thereto. Given under my hand on: Dated: MAY 27 2021 Declarant Name (Printed) §hgm' gu'ffin DeclarantName (Signature)flwwQWUU Title of Declarantm s‘ BANKOFAMERICA”/ P.O. BOX 15284 WILMINGTON, DE 19850 KIANYA T VARNER 166 MONROE ST APT 4 SANTA CLARA CA 95050-5864 Account Summary DocuSign Envelope ID: 1F768FBF-2884-4AOD-880E-ACA5C83823D2 $26,197.36Previous Balance Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $286.59 New Balance Total $26,483.95 Total Credit Line $25,000.00 Total Credit Available $0.00 Cash Credit Line $7,500.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 05/10/2020 Days in Billing Cycle 3O Customer Service Informafion: www.bankofamerica.com 1.800.421 .21 10 TTY: 1.800.346.31 78 Mail billing inquiries to: Bank of America P.O. Box 982234 El Paso TX 79998-2234 Mail payment to: Bank of America P.O. Box 15019 Wilmington DE 19886-5019 Apn’l H - May 10, 2020 Accountfi_ 4575 Payment Information New Balance Total $26,483.95 Current Payment Due $548.00 Past Due Amount $3,619.00 Total Minimum Payment Due $4,167.00 Payment Due Date 06/07/2020 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $39.00 and your APRs may be Increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more In Interest and it will take you I ff ' Only the Total Minimum Payment 3O years $50,590.00 If you would like information about credit counseling services, call 866.300.5238. BANK OF AMERICA P.O. BOX 15019 WILMINGTON DE 19886-5019 KIANYA T VARNER 166 MONROE ST APT 4 SANTA CLARA CA 95050-5864 Account Number:- 4575 New Balance Total $26,483.95 Total Minimum Payment Due $4,167.00 Payment Due Date 06/07/2020 Enter payment amount For charge ofadd/ass/phone number, see mverse side. Make yourpayment on/ine at www.bankofame/v'cacom or Mail this coupon along with your check payable to: Bank of America DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5C83823D2 KIANYATVARNER | Accounm-4s75 I Apn'lH-May10.2020 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next statement I'f you pay the New Balance Total I‘n full by the Payment Due Date, and you had paid in full by the prevtous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and are compounded on a daily basis To determine the Interest Charges, we multiply each Balance Subject to Interest Rate by Its applicable Daily Pen’odic Rate and that result I’s multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate 1‘s calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to posted balances. If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts In excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APR; IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES - The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same-Day Onh‘ne Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, and applicable transaction fees. MISCELLANEOUS - Promotional Rate End Date: This date I‘s based on a future statement closing date. If you change your payment due date, this date could change. The New Balance Total which appears on this statement is not a payoff amount and may be subject to additional interest charges when you pay in full after your statement closing date. Please contact the customer service number located on the front of this statement for a pay-off amount Virtual cards are the digital form of your eligible physical credit cards stored within a digital wallet © 2020 Bank of America Corporation 004-000-000-6 CALCULATION 0F BALANCES SUBJECT T0 INTEREST RATE Average Daily Balance Method (incIuding new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days I'n the billing cycle. To calculate the daily balance for each clay in this statement’s billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day’s daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits If any daily balance I‘s less than zero we treat ufimm Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a “Pre-Cycle balance” - a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date pfior to this statement’s billing cycle but with a posting date within this statement’s billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement’s billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day’s daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day pn'or to this statement’s billing cycle that had a Pre-Cycle balance: (1) we take the beginning balance attn‘butable solely to Pre-Cycle balance (which will be zero on the transaction date of the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day’s daily balance; (3) and add only the applicable Pre-Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles For the complete terms and conditions of your account, consult your Credit Card Agreement This account is Issued and administered by Bank of America. Bank of Amen'ca is a registered trademalk of Bank of America Corporation. PAYMENTS - We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial Institution or a U.$ dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying It. Payments received by mail after 5 pm local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, wfll be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 pm. Central. Credit for any other payments may be delayed up to five days. Cash payments made with our tellers or ATM with Teller Assist (ATA) will only be accepted with a valid identification (ID). No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. If you have authorlzed us to pay your credit card blll automatically from your savings or checking account with us, you can stop the payment on any amount you think Is wrong. To stop payment. your letter must readw us at least three business days before the automatic payment I's scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space. AB DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5083823D2 KIANYATVARNER I Accounm-4s7s I Apmn -May1o,2ozo Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 05/10 05/10 INTEREST CHARGED ON PURCHASES 286.59 05/10 05/10 INTEREST CHARGED ON BALANCE TRANSFERS 0.00 05/10 05/10 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00 05/10 05/10 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $286.59 2020 Totals Year-to-Date Total fees charged in 2020 $1 56.00 Total interest charged in 2020 $1 .51 6.21 Interest Charge Calculation Your Annual Percentage Rate (APR) ls the annual interest rate on your account. Type of Annual Promotional Promotional Promotional Balance Interest Balance Percenmge Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 1 3.24%V $ 26,335.54 $ 286.59 Balance Transfers ‘ 13.24%V S 0.00 $ 0.00 Direct Deposit and Check Cash 19.24%V S 0.00 S 0.00 Advances Bank Cash Advances 24.24%V $ 0.00 $ 0.00 APR Type Definitions Daily Interest Rate Type: V- Variable Rate (rate may vary) Important Messages You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due today. If you‘ve already mailed it, thank you. Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit Line. When this statement was created, the account’s Credit Line was in a restricted status and not available for use. Points earned can expire if not redeemed within 60 months from the month earned. To view current point’totals and when points expire, visit bankofamericasom. Choose the credit card account related to this statement In Accounts Overview, then select the Rewards Tab and access the 'see expiration schedule‘ Ilnk for a full view of total points by month of expiration. Please see important information entitled “Your Billing Rights" on the following pages. Page 3 of 6 DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5C83823D2 KIANYATVARNER | Accountae-4575 I Apm11-May1o,2ozo You may qualify for a payment deferral for future due dates on or before June 1 5, 2020 for your personal credit card or line of credit accounts. Making a minimum payment during this time will be optional and interest charges or applicable fees wlll continue to accrue and be added to your balance. What you need to know o If you have already received assistance with your payments through a prior request, assistance will automatically be extended to payment due dates through June 15, 2020. o To request assistance for the first time, please visit us online at our Client Resource Site at bankofamerica.com/HelpfulResources, through your mobile device, or by calling the number on thls statement to request assistance through the automated phone service. You can even specify each personal credit card or line of credit account you would like to enroll in the payment deferral period - now through June 15, 2020. v If you no longer need assistance, you may continue to make payments to your account as you would normally. o Never provide access codes to an unsolicited, caller or through email or text o Protect your account numbers by using Zelle” or Bill Pay f‘or digital payme‘nm. o Don't abbreviate the year 2020. Scammers can easily manipulate IL Know how to prevent fraud For more tips and InfOrmatlon, vlslt bankofamerlca.com/Security. ‘ Zefle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license. SSM‘01-2o.2301.G | 2880298 Page 4 of 6 DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5C83823D2 KIANYA T VARNER | Account #_ 4575 | April 11 - May 10. 2020 Important Information Please read the information below to stay informed about changes or other important details that may impact you. YOUR BILLING RIGHTS K This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. If you think there is an error on your statement, write to us at: Bank of America P.O. Box 982234 El Paso, TX 79998-2234 In your letter give us the following Information: o AW: Your name and account number. o QQIJaLamgung: The dollar amount of the suspected error. o : If you think there is an error on your bill, describe what you believe is wrong and why you believe it ls a mistake. You must contact us: o Within 60 days after the error appeared on your statement. o At least 3 business days before an automated payment is scheduled, If you want to stop payment on the amount you think is wrong. You must notify us of any potential errors Ming. You may call us, but If you do we are not required to investigate any potential errors and you may have to pay the amount in question. Note: It ls very helpful if your letter Includes the transaction date and the reference number for the charge, if available.W When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: o We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. Whlle you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your Total Credit Line. After we finish our investigation, one of two things will happen: o m: You will not have to pay the amount In question or any Interest or other fees related to that amount. _ o E: You will have to pay the amount In question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment Is due. We may then report you as delinquent, including to credit reporting agencies, If you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 clays telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried In good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: Page 5 of 6 DocuSign Envelope ID: 1F76BFBF-2884-4AOD-880E-ACA5C83823D2 KIANYATVARNER | Accounm-457s | Apn't n - May 1o, 2020 1. The purchase must have been made In your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or If we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Bank of America P.O. Box 982234 El Paso, TX 79998-2234 While we Investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. ©2020 Bank of Amen‘ca Corporation. All n'ghts reserved. Page 6 of 6
