Declaration

Cal. Super. - 6th Dist.March 11, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/11/2021 10:21 AM Reviewed By: V. Taylor Case #21CV378951 Envelope: 6012525 21CV378951 Santa Clara - Civil V. Taylor 21CV37895110 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 GEORGE APOSHIAN, ESQ., BAR #303238 LAURA M. D’ANNA, ESQ., BAR #266113 PATENAUDE & FELIX, A.P.C. 6800 Owensmouth Avenue, Suite 290 Canoga Park, CA 91303-4216 866-784-8084 Attorneys for Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA FACILITY LTD. CIV. CASE CAPITAL ONE BANK (USA), N.A. , CASE NO. Plaintiff, DECLARATION OF PLAINTIFF’S ATTORNEY REGARDING NONMILITARY STATUS VS. STERLYNG Z MARIS , Defendants. I, GEORGE APOSHIAN/LAURA M. D’ANNA, declare: 1. That I am an attorney at law duly licensed to practice in the State of California and as attorney with PATENAUDE & FELIX, A.P.C., attorneys of record for the plaintiff herein. 2. That if called and sworn as a witness, I could and would competently testify to the following of my own knowledge and with particularity: 3. That no defendant named in the Summons and Complaint is 1 DECLARATION OF PLAINTIFF’S ATTORNEY REGARDING NONMILITARY STATUS 19-10303-0/0102-15/XXXXXXXXXXXX7529 lO ll 12 13 l4 15 l6 l7 18 l9 2O 21 22 23 24 25 26 27 28 in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501, et se q.). A true and accurate copy of the Department of Defense Status Repor t is attached hereto and incorporated by reference. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Ex ecuted on March 8, 2021, at Canoga Park, California. PATENAU E FELIX, A.P.C. GE€R6E~AEQSHIAN/LAURA M. D’ANNA Declarant 2 DECLARATION OF PLAINTIFF’S ATTORNEY REGARDING NONMILITARY STATUS 19-10303-0/0102-15/XXXXXXXXXXXX7529 Department of Defense Manpower Data Center ‘ ' "2 Status Report Pursuant to Scwicemembers Civil Refie-f Ac: SSN: XXX-XX-1 222 Birth Date: Last Name: MARIS First Name: STERLYNG Middfe Name: Z Status As Of: Mar-08-2021 CertificatelD: T8DMXB3CNF7JNOF Results as of: Mar-08<2021 12:51:48 PM SCRA 5.7 On Aclive Duty On Aclive Duty Status Daie Active Duty Start Date Aclive Duty End Date Slalus Service Com ponen! NA NA No NA Thls response reflects the indwlduals' acme duty status based on the Active Duty Status Date Left Active Dmy \Mthn 367 Days of Active Duty Status Date Acme Duly Stan Date Active Duty End Daia Status Service Component NA NA NO NA This response reflects where the indiVidual iefl active duty status wiihin 367 days preceding the Active DLny Status Dale The Member or His/Her Unit Was Notified of a Future CaH-Up to Acu‘ve Duly on Active Duty 81am: Date Order Nouficallon Start Date Order Noxificetion End Data S1alus Se rvlce Component NA NA NO NA This response reflects whether Ihe individual or hisfher umt has received early notification lo report for active duty Upon searching the data banks of the Depadment of Defense Manpower Data Center, based on the information 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 Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V4 Sorrento. Director Department of Defense - Manpower Data Center 400 Gigling RdV Seaside, CA 93955 File #I 19-1 O303~O The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense (DOD) that maintains the Defense Enro1lment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems The DOD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors‘ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate, In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person‘s status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (035) via this URL: https://scra.dmdc.osd.mil/scraI#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions 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 hislher unit received 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 certificate is defined in accordance with 1O USC § 101(d) (1). Prior to 2010 only some ofthe active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard. this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USO § 502m for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This inctudes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as 0n Active Duty under this certificate. SCRA protections are for Title 1O and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 1O USC § 101 [d)(1). Many limes orders are amended to extend the period 0f active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty 0r actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty, Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that aII rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name. SSNldate of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided, File #2 19-1 0303-0