Default EnteredCal. Super. - 6th Dist.March 17, 2021on 6/8/2021 12:49 AM Reviewed By: D Harris Envelope: 6600095 CIv-105 ATTORNEY 0R PARTY WITHOUT ATTORNEY STATE BAR No: 2 4 92 7 0 FOR COURT USE ONLY NAME: Jamie Allison Forbes File No . 20-24770-0 FIRM NAME: NELSON & KENNARD STREETADDRESS: 5011 Dudley Blvd, Bldg 250, Bay G CITY: McClellan STATE: CA ZIP CODE: 95652 MAILING ADDRESS: P.O. Box 13807, Sacramento, CA 95853 TELEPHONE No.: (916) 920-2295 FAX No. (Optional): (916) 920-0682 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): CAVALRY SPV I , LLC SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 N . First Street MAILING ADDRESS:191 N. First Street CITYAND ZIP CODE:San Jose, CA 95113 BRANCH NAME: LIMITED CIVIL CASE PLAINTIFF/PETITIONER: CAVALRY SPV I , LLC DEFENDANT/RESPONDENT: AMY BLALOCK CASTILLO, et al . REQUEST FOR (Application) Entry of Default D Judgment CASE NUMBER: 2 lCV3 7 9 O l 9 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date):March l7, 2021 b. by (name): Cavalry SPV I, LLC, as assignee of Citibank, N.A. c. [X] Enter default of defendant (names): AMY BLALOCK CASTILLO d. [X] | request a judgment under Code of Civil Procedure sections 1788.60 and Code of Civil Procedure section 585 against defendant (names): AMY BLALOCK CASTILLO (Testimony may be required. Check with clerk regarding whether a hearing date is needed.) e. [ ] Default was previously entered on (date): Amount Credits acknowledged Balance 2. Judgment to be entered. a. Demand ofcomplaint* ............... $ 996.02 $ 0.00 $ 996.02 b.|nterest .......................... $ .00 $ .OO $ .OO c.Costs(seepage3) ................. $ 314.47 $ .OO $ 314.47 d. Attorney fees ...................... $ .00 $ .OO $ . OO e.TOTALS .......................... $ 1,310-49 $ 0-00 $ 1,310.49 (* Must be establish by business records, authenticated through a sworn declaration, submitted With this application. (Civ.. Code,§§ 1788.58(a)(4), 1788.60 (a).) ) 3. This action is not barred by the applicable statute of limitations (Civ. Code, ,§ 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL ofthe following (Civ. Code, §§ 1788.58, 1788.60): (1) The plaintiff is a debt buyer; (2) A short plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (5) The Date of the default OR the date of the last payment: (6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor’s account number associated with the debt; Page 1 of 3 Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure, § 585; Judicial Council of California (Fair Debt Buying Practices Act) Civil Code, § 1788.60 CIV-1 05 [Rev January 1, 2020] www.courfinfo.ca.gov FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV379019 By: ychavez 06/08/2021 CIV-1 05 PLAINTIFF/PETITIONER: CAVALRY SPV I , LLC CASE NUMBER: DEFENDANT/REPONDENT: AMY BLALOCK CASTILLO, et al _ 2 1CV37 90 l 9 4. a. g) 'léhgtname and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of e e ; (8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each purchaser; and (9) That the plaintiff has complied with Civil Code section 1788.52.+ b. A copy of the contract or other document described in Civil Code section 1788.52(b) is attached to the complaint. 5. Documentation requirements for default judgment. All of the following documents are submitted with the request for default judgment (Civ. Code; § 1788.60 (a)-(c)): a. A copy of the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.529b) regarding documentation, including for revolving credit accounts. b. Business records. authenticated through a sworn declaration, to establish: (1) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (2) The debt balance at charge-off, and an explanation of the amount and the nature of, and reason for, all post charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) The name and _address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor’s account number associated with the debt; (5) Erednabnge arad last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of e e I ; an (6) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser. Date:May 25, 2021 M fl . / I Jamie Allison Forbes > O (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATFORNEY FOR PLAINTIFF) FOR COURT (1) [ ] Default entered as requested on (date): USE ONLY (2) [ ] Default NOT entered as requested (state reason): Clerk, by: , Deputy 6. Legal Document assistant or unlawful detainer assistant (Bus. & Prof. Code § 6400 et seq.). A legal document assistant or unlawful Detainer assistant [ ] did [ X ] did not for compensation give advice or assistance with this form. If the declarant has received any help or advice for pay from legal document assistant or unlawful detainer assistant, state: a. Assistant’s name: c. Telephone no. b. Street address, city, and zip code: d County of Registration: e. Registration no.2 f. Expires on (date): 7. [ ] Declaration under Code Civ. Proc., § 585.5 (for entry of default under code Civ. Proc.,' § 585(3)). This action a. [ ] is [ X] is not on a contract or installment sale for goods and services subject to Civ. Code § 1801 et seq. (Unruh Act). b. [ ] is [ X] is not on a conditional sales contract subject to Civ. Code § 2981 et seq. (Rees-Levering Motor Vehicles Sales and Finance Act) c. [ X ] is [ ] is not on an obligation for goods, services, loans, or extensions of credit subject to code Civ. Proc., § 395(b). CIv-105 [Rev January 1, 2020] REQUEST FOR ENTRY OF DEFAULT Page 2 0f 3 (Fair Debt Buying Practices Act) ychavez X 06/08/2021 CIV-1 05 PLAINTIFF/PETITIONER: CAVALRY SPV LLLC CASENUMBER: DEFENDANT/REPONDENT:AMY BLALOCK CASTILLO, et a1. 21CV379019 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. [ ] not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. [X] mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): AMY BLALOCK CASTILLO 3333 Walton Way 06/02/2021 San Jose, CA 95117 | declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: Yilliana Guadamuz 4/ c: 106/02/2021 F IL}? (TYPE 0R PRINT NAME) /_ - 'ZSIG’NATURE 0F DECLARANT) IL 9. Declaration of nonmilitary status (required fora judgment). No defendant named in item 1C of the application is in the military Services as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 391 1 (2), or California Military and Veterans Code Section 400(b). 10. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees ...................... $ 225 . 00 b. Process server's fees .................. $ 7 7 . O O c. Other (specify): ...... E-FILING FEE $ 12 . 4 7 d..................................... $ e.TOTAL ............................. $ 314.47 f. [ ] Costs and disbursements are waived. g. | am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: May 25, 2021 Jamie Allison Forbes > \LD fl‘ d‘ (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIv-105 [Rev January 1, 2020] REQUEST FOR ENTRY OF DEFAULT Page 3 0f 3 (Fair Debt Buying Practices Act)
