Declaration CCP 585Cal. Super. - 6th Dist.March 17, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/8/2021 10:08 AM Reviewed By: D Harris Case #21CV379017 Envelope: 6802682 21CV379017 Santa Clara - Civil D Harris \OQONQ I 1o 11 12 13 14 15‘ 16 17 18 19‘ 20 21 22 23 24 ‘25 26 27 28 Adam Brumage, SBN 283 1 80 Maria Bradish, SBN 288384 Don Phan-Huy, SBN 309853 Ryota Isozaki, SBN 321040 Derrick Uhri, SBN 321 161 Matthew W. Keim, SBN 33 1 020 Eric Marquez, SBN 33 1023 Karlie D. Schafer, SBN 33 1 884 The Moore Law Group, APC P.O. Box 25145 Santa AnaLCA 92799-5 145 Telephone: (800) 506-2652 Attorneys for Plaintiff, Bank of America, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT, LIMITED JURISDICTION Bank of America, N.A., Plaintiff, vs. Trung D Pham, Defendants. a CASE NO. 21CV3790‘17 PLAINTIFF’S AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT [CCP SECTION 585] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bank of America, N.A. P/a/ntifi‘, v. Case No. DECLARATION IN SUPPORT OF TRUNG D PHAM APPLICATION FOR ENTRY OF (hereinafier, the ”Defendant? JUDGMENT l, Angela Bunon, 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 myjob responsibilities, | 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 wholIy-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 andevents, 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: 3031431 95302 -_L 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 23 5. The books and records of Plaintiff show that the Defendant is currently indebted to Plaintiff on Account number )00000000(XXX1313 for the just and true sum of $3195.63, and that all just and lawful offsets, payments, and credits have been ‘allowed. The last payment to the Account occurred on 09/03/2018. 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 $3195.63 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. 7. | declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness | would competently testify, under oath, thereto. Given under my hand on: Dated: MAY 1 2 zuzu Declarant Name (Printed) Angela Burton Declarant Name (Signature) \A/WOCU/L%7A/ Title of Declarant Officer BankAmericard” TRUNG D PHAM 3085 YUCCA AVE SAN JOSE CA 951 24-2458 ImMMmeriwW Customer Service Information:www.bankofamerica.com1.800.421.21 1O TTY: 1.800.346.3178 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 March 10 - April 9, 2019 Accountfi- 1313 Account Summary Payment Enfarmation previous Balance $31 47.08 New Balance Total ‘ $3,195.63 Payments and Other Credits $0.00 current Payment Due $8000 Purchases and Adjustments $0.00 P3513 Due Amount $71 2'00 Fees Charged $0.00 - |ntere5t Charged $48.55 Total Minimum Payment Due $792.00 Payment Due Date 05/06/2019 New Balance Total $3,195.63 Late Payment Warning: If we do not receive your Total Minimum Total Credit Line $2,900.00 Payment by the date listed above, you may have to pay a late fee of up to T0ta| Credit Available $0.00 $38.00 and your APRs may be increased up to the Penalty APR of 29.99%. Cash Credit Line $87000 Total Minimum Payment Warning: If you make only the Total Minimum Portion 0f Cradit Available Payment each period, you will pay more in interest and it will take you for CaSh $000 longer to pay off your balance. For example: gtaitsefleBflltliilgosclgcglfate 04/09/20:)? ;lf'y~ouj.makre no addltiohal’ You Will fiayoff the Andyou wille‘n‘d'up': ‘ E fibaflrg’es usingthls 93rd _ balance shown’on thlé ’"1 paying an estimated r .{.ahhgiea’ch mqnthquu pay statement in aboutw _ _ total of , f Only the Total 13 years $5,972.00 Minimum Payment If you would like information about credit counseling services, call 866.300.5238. Important Changes to Your Account Terms The following is a summary of changes that we are making to your account terms. These changes will take effect on June 8, 201 9. For more information on these changes, see the enclosed Important Information section containing amendments to your Credit Card Agreement. Revised Terms as ofJune 8, 20j9 Late Payment Fee Up to $39 Returned Payment Fee Up to $28 Please see last page ofyour statement for the payment remittance coupon. 004 - 000 - ODD - G r_ TRUNGDPHAM 1 Accounm-1313 I March1o-Aprn9,2o19 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous 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 Periodic Rate and that result 1'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 is 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 APRs. 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. Far 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 I's 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 Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, and applicable transaction fees. MISCELLANEOUS - Promotional Rate End Date: This date is 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 tp additional interest charges when you pay I'n 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. © 2019 Bank of America Corporation CALCULATION 0F BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including 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 in the billing cycle. To calculate the daily balance for each day I'n 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. [f any daily balance is less than zero we treat it as zero. 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 1's a Balance Transfer or a Cash Advance with a transaction date prior 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 prior to this statement’s billing cycle that had a Pre-Cycle balance: (1) we take the beginning balance attributable 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 1's issued and administered by Bank of America. Bank of America I's a registered trademark of Bank of America Corporation. TRUNGDPHAM | Accounw-BB 1 March1o-Aprns,2019 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 04/09 04/09 INTEREST CHARGED ON PURCHASES 2.92 04/09 04/09 INTEREST CHARGED ON BALANCE TRANSFERS 0.00 04/09 04/09 INTEREST CHARGED ON DIR DEP&CHK CASHADV 45.63 04/09 04/09 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $48.55 Total fees charged in 201 9 $1 1 4,00 Total interest charged in 201 9 $1 82.66 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Promotional Promotional Balance Interest Balance Percentage Rate End Subject to Charges by Rate Date Interest Transaction Rate Type Purchases 15.24%V S 225.30 2.92 Balance Transfers 15.24%V S 0.00 S 0.00 Direct Deposit and Check Cash 18.24%V S 2,945.1 9 S 45.63 Advances Bank Cash Advances 27.24%V $ 0.00« S 0.00 APR Type Definitions Daily Interest Rate Type: V= Variable Rate (rate may vary) Emportant 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. We have some tips to help you avoid paying late fees. Visit Online Banking or download the Mobile Banking app available for select devices. Message and data rates may apply. When this statement was created, the account’s Credit Line was in a restricted status and not available for use. Page 3 of 10 [- . . TRUNGDPHAM 1 Accounw-1313 I March1o-Apri19,2o19 Additional Information Together, we can identify and resolve fraud events faster. Visit the Security Center at bankofamerica.com/Privacy to learn more about how you can help protect: your privacy and safeguard your accounts. Need to dispute a transaction? For the fastest dispute resolution, please contact the merchant. If unsuccessful, simply file a dispute online www.bankofamerica.com. Select your credit card account, click the “Information & Services” tab and then select the "Dispute a transaction” link under the ”Services" section. Page 4 of 10 TRUNGDPHAM | Accounm-1313 | March1o-Apri19,2o19 Please review the enclosed annual Privacy Notice insert, which is also available in Mobile and Online Banking. We are changing some terms of your Credit Card Agreement The amendment to your Credit Card Agreement ls outlined below. All other terms to your current agreement still apply except as listed below. If there is a conflict, the terms in this amendment are in effect. Please keep this document. We are making these amendments because of a change in our business practices. Changes to your credit card fees This amendment modifies the Late Fee and Returned Payment Fee entries in the section titled Account Fees. Below are the updated paragraphs. The Late Payment and Returned Payment rows in the Account Summary Table of your Credit Card Agreement are also revised with the new dollar amounts. These changes are effective June 8, 201 9. A Late Fee of $28.00 will be assessed if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. If a Late Fee was assessed any time in the prior six billing cycles, then the amount of the Late Fee will be $39.00. The Late Fee will not exceed the Total Minimum Payment Due immediately prior to assessment of the fee. Ifyour balance is $100 or less on the Payment Due Date, we will not assess a Late Fee. A Returned Payment Fee of $28.00 will be assessed if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (ifwe elect to re-present the payment). The Returned Payment Fee will not exceed the Total Minimum Payment Due immediately prior to assessment of the fee, and will never exceed the amount of the payment being returned. Additional changes We have added a sentence to the end of the section titled How We Allocate Your Payments to clarify how returned payments may be handled. Below is the updated section. HOW WE ALLOCATE YOUR PAYMENTS Payments are allocated to posted balances. lfyour 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. Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. If a payment is returned, we reserve the right to debit the returned payment amount to the balance subject to the current non-promotional rate for Purchases on the account. The section titled Overdraft Protection has been revised to clarify when Overdraft Protection fees are assessed if you are enrolled in Overdraft Protection. Below is the updated sentence within that section. We will not assess an Overdraft Protection Cash Advance fee for any overdraft protection transfer from this account to a linked Bank of America deposit account, if we determine that (a) your deposit account is overdrawn by a total amount less than $1 2.00, after we finish processing for the day, or (b) each overdraft transaction processed that day is S1 .OO or less. Page 5 of 1O TRUNGDPHAM 1 Accounm-BB 1 March10-April9,2o19 EQUAL CREDIT OPPORTUNITY ACT NOTICE The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning Bank of America, N.A., 'IOO N. Tryon Street, Charlotte, NC 28255, is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20006. YOUR BILLING RIGHTS Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement 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 Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o Description of groblem: If you thin; there is an error on your bill, describe what you believe is wrong and why you believe it is a mista e. You must contact us: o Within 6O 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 in writing. 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 is very helpful if your letter includes the transaction date and the reference number for the charge, if available. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 3O 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 9O 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. o The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. o We can apply any unpaid amount against your Total Credit Line. After we finish our investigation, one of two things will happen: o If we determine there was a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. o If we do not believe there was a mistake: 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 1O days 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 th’e rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Page 6 of 'IO TRUNGDPHAM 1 Accounta-1313 1 March1o-Apr119,2o19 Your Rights If You Are Dissatisfied With Your Credit Card Purchases 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 clue on the purchase. To use this right, all of the following must be true: 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. ©2019 Bank of America Corporation. All rights reserved. Page 7 of 10 TRUNGDPHAM | Accounm-1313 | March10-April9,2019 This page intentionally left blank Page 8 of 'IO TRUNGDPHAM | Accounm-1313 1 March1o-Aprns,2o19 D‘i BANK OF AMERICA P.O. BOX 15019 WILMINGTON DE 19886-5019 TRUNG D PHAM 3085 YUCCA AVE SAN JOSE CA 951 24-2458 AccountNumber:_ 1313 New Balance Total $3.1 95.63 Total Minimum Payment Due $792.00 Payment Due Date 05/06/2019 Enter payment amount s For change ofaddress/phone number, see reverse side. Make warpayment online at www.bankafamericacom or Mail this coupon along with your check payable (a: Bank of America TRUNGDPHAM I Accounm-1313 | March1o-Apri19,2o19 PAYMENTS - We credit malled payments as of the date received, I'f the payment is: ('l) received by 5 pm. local time at the address shown on the remittance portion of yourmonthly statement; (2) paid with a check drawn In U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittanceportion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but mat otherwisemeet the above requiremens, will be credited as of the next day. Paymens made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central. Credit for anyother payments may be delayed up to five days. Cash paymenB 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-tlme electronic funds transfer (or process it as acheck 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 authorized us to pay your credit card bill automatically from your saw'ngs or checking account with us, you can stop the payment on any amount you think is wrong. To stoppayment, your letter must reach‘us at least three business days before the automatic payment is sdweduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space. AB