Declaration CCP 1033Cal. Super. - 6th Dist.March 17, 20211 Hunt &1'z 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 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 9 DOWNTOWN SUPERIOR COURT - LIMITED CIVIL 10 ~ Bank of America, N.A., Case No. 21CV378961 Plaintiff, 12 vs. 13 CHRISTINE S DAVIS, DECLARATION OF COUNSEL RE: 1. INTEREST 2. COSTS (CCP 5 1033) 3. ATTORNEY FEES fl &l ol uc &8& o '«& D &U«& O «&O cz 0 14 15 Defendant(s). 16 I, the undersigned declare 17 I 1. I am an attorney at law duly licensed to practice before al! courts in the state of California and I 18 19 20 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 testify 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 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 1 ~ DJ DR ICAFNI ~ ALZ 14204116.00t Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/15/2021 11:42 AM Reviewed By: D Harris Case #21CV378961 Envelope: 7270025 21CV378961 Santa Clara - Civil D Harris In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees. Actions to recover the delinquent credit account balance are filed in the jurisdiction where the Defendant resides. Plaintiff's employees would need to travel throughout the state which would ~ cause them to be out of the office on a regular basis and therefore unable to perform other job 5 duties. CCP li 116.540(b) states that a corporation may appear only through an employee who is 6 employed ior 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 i 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 ((C c( COCl j Z ( cO O 4 D (4CO D CO D (O 0-5 14 is attached as Exhibit A. 15 ATTORNEY FEES 16 6. Plaintiff, through its counsel, hereby waives attorney fees. 17 I I declare under penalty of perjury under the laws of the State of California that the I'oregoing is 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 18 true and correct. Executed on September 13, 2021 in San Jose, California. 19 20 21 22 ,~ Anthony DiPiero ¹268246 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 NJ I ALZ 1420486.001 DONALD SHERRILL HllNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 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: 4453 Balance due as of February 23, 2021: $22, I 92.97 Dear CHRISTINE S DAVIS: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client Bank ofAmenca 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 onbehalf 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 & Hennques Attorneys at Law The attorney vrhose signature appears above personally requested this letter be sent after hersne reviewed relevant portions of our file for the limited purpose of sending this letter. HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 RETURN SERVICE REQUESTED 'll'III'I'ltl IIII'I'IIII Iliih 'I'IIIIII'I 'll'll'IIII'll'I CHRISTINE S DAVIS 5553 COPELAND PL SAN JOSE CA 95124-6102 DD00029N S-SFHUHE10 PDNN8300204435 - 655629409 108870 1TN Firm File Number: 1420486.001