Declaration CCP 1033Cal. Super. - 6th Dist.March 17, 2021I Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 2 Anthony DiPiero ¹268246 7017 Realm Dr. 3 San Jose CA 95119 Telephone: (800) 680-2426 4 Facsimile: (408) 362-2299 Attorneys for Plaintiff 5 6i' SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT - LIMITED CIVIL 10 Bank of America, N.A., Plaintiff, 12 vs. 13 SHARAD K PATEL, Case No. 21CV378949 DECLARATION OF COUNSEL RE: 1. INTEREST 2. COSTS (CCP 1) 1033) 3. ATTORNEY FEES ct Q a I 0 N N G0 ~ ool ~ Q o a ~2 w 0 n0 14 15 16 17 1. 19 20 Defendant(s). I, the undersigned declare I am an attorney at!aw duly licensed to practice befor- all courts in thc state of California and I am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly authorized custodian of the business books and records of Hunt and Henriques, Plaintiff's counsel as they pertain to the captioned matter. 21 2. If called to testify as a witness, I could and would competently testily as to all the facts stated in 22 23 24 this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be true. INTEREST 25 3. Plaintiff did not request pre-judgment interest in its complaint. 26 COSTS 27 4. Plaintiff cannot utilize Small Claims Court due to the volume of delinquent credit accounts that 28 Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance. Page 1 Declaration Regarding Interest Costs and Attorney Fees DJ I ~ DJ DR ICAPNI ~ ALZ 1440128.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/15/2021 11:51 AM Reviewed By: D Harris Case #21CV378949 Envelope: 7270143 21CV378949 Santa Clara - Civil D Harris I In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees. 2, Actions to recover the delinquent credit account balance are filed in the jurisdiction where the 3 Defendant resides. Plaintiff's employees would need to travel throughout the state which would 4 cause them to be out of the office on a regular basis and therefore unable to perform other job 5 duties. CCP rt 116.540(b) states that a corporation may appear only through an employee who is 6 'mployed for purposes other than solely representing the corporation in Small Claims Court. 7 Therefore, proceeding in Small Claims Court is not practical. 8 5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiff's counsel 9 ~ sent a letter to Defendant informing Defendant of Plaintiff's intent to initiate legal action against 10 Defendant and that legal action could result in a judgment against the Defendant which could 11 include costs to the extent permitted by law. The letter sent to Defendant was a form letter. The 12 only specific account information in the letter was the Defendant's name, address, redacted 13 account number and account balance. A true and correct copy of this letter has been printed and 14 is attached as Exhibit A. Oa ~0 F. Pl ctz 15 ATTORNEY FEES 16 6. Plaintiff, through its counsel, hereby waives attorney fees. 171 I declare under penalty of perjury under the laws of the State of California that the foregoing is 18 true and correct 19 20 21 22 Executed on September 13, 2021 in San Jose, California. ,8 Anthony DiPiero 11268246 Hunt & Henriques Attorneys for Plaintiff 23 24 25 26 27 28 Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ 1 I DJ DR ICAF NI I ALZ 1440128 001 DONALD SHERRILL HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-132'I TELEPHONE 800-680-2426 FACSIMILE 408-362-2299 TTY 800-735-2922 February 23, 2021 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS Creditor: Bank of America, N.A. Account number ending in: 1276 Balance due as of February 23, 2021: $4,973.05 Dear SHARAD K PATEL: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client Bank of America in an attempt to collect the above identified debt. If a lawsuit is filed and our client prevails, the local court couldenter judgment against you for the entire balance of your account. We also intend to seek to recover court costs on behalf of our client. This firm is a debt collector. The purpose of this letter is to collect a debt and any information obtained may be used for the purpose of collecting the debt. Very truly yours, Michael S. Hunt Janalie Henriques Hunt 8 Henriques Attorneys at Law The attorney whose signature appears above personaliy requested this letter be sent after he/she reviewed relevant portions of our fiie for the limited purpose of sending this letter. HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 RETURN SERVICE REQUESTED I'Ill "II ~ I"" Ill IIII'IIIIIIIII Ii'Ij'll"Ilt ill'j I-Iljil SHARAD K PATEL 15466 LOS GATOS BLVD LOS GATOS CA 95032-2542 DD00029N S-SFHUHE10 PDNN8300204319 - 655629293 108638 1TN Firm File Number: 1440128.001