DeclarationCal. Super. - 6th Dist.March 17, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/8/2021 9:59 AM Reviewed By: D Harris Case #21CV379024 Envelope: 6802601 21CV379024 Santa Clara - Civil D Harris 10 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 2883 84 'Don Phan-Huy, SBN 309853 Ryota Isozaki, SBN 321040 Derrick Uhri, SBN 321 161 Matthew W. Keim, SBN 33 1020 Eric Marquez, SBN 33 1023 Karlie D. Schafer, SBN 331884 The Moore, Law Group, APC 3710 S. Susan St, Suite 210, Santa Ana, CA 92704 P.O. BOX 25145, Santa Ana, CA 92799-5145 Telephone: (800) 506-2652 Attorfieys 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., CASE NO. 21CV379024 ‘ Pléintiff, DECLARATION RE NON-ACTTVE > ‘ MILITARY STATUS . vs. Trung D‘ Pham; Defendant(s). The undersigned declares as follows: 1. I am an attorney licensed t0 practice law in the state 9f California and am an associate attorney of the Moore Law Group, APC, counsel for Plaintiff in this matter. Thé facts contained in this declaration are based upon my review of the books and records of the Moore Law Group, APC maintained in connection With this case. 2. Our office made inquiries and other efforts to determine Whether Defehdant is entitled to the protection of the Service members Civil Relief Act. Based on the response received from the United States Department of Defense Manpower Data Center, the Defendant is not on “active duty” status, as such term is used in the Service members Civil Relief Act. A copy of the Report of the Department of Defense Manpower Data Center is attached hereto as Exhibit 1. k /// U.) \OOOQON 10 11 12 13 14 15 16‘ 17 18 19' 20 . 21 22' 23 24' 25 26 27 28 I declare under penalty of pexjury under the laws of the State of California that the foregoing is true and correct. VDated: JUL I 0 y 2021 The Moore Law Group, APC. By: W/ Adam Brumag§__ Maria Bradish__ Don Phan-Huy_ Ryota Isozaki__ Derrick Uhri_ Matthew W. KeimLEric Marquez Karlie D. Schafer__ Attorneys for Plaintiff EXHIBIT 1 V Department of Defense Manpower Data Center Results as of : Jun-28-2021 08:25:57 AM SCRA 5.8 I 3mmchm Pursuant ta S&rvisen- . ' Civil Ealief Act. SSN: - XXX-XX-- Birth Date: n-xx-fl Last Name: PHAM First Name: TRUNG Middle Name: D Status As Of: Jun-2872021 Certificate ID: 6LGN7SCBW7ON508 . "zonzacfive;DuQ;~0n,Acuvé:Dmyz'stva‘tfiégnaxe; j _ _ ’ Wexbuty-5taité9ate: V ‘ActivezDutyEndzoatm . * -:_ Status . "Servicecmponent: NA NA ‘No NA This response reflécs'vtfi ndividuals' active duty.sta|us based on thev-Acfi'veiDutyr-Skatus Date Left'Acfive'rDmyEVWhin' 367IDays‘ ofiAcfive.2Duiy:Slams.Date' Active Duty StanzDaIe Acflve'Dutys'EndzDale Statu's : Service Component NA .I ‘LN‘A No NA This response reflects where‘the indiVidual left active duty status-within 367 days preceding'the AcWeiDuty Status Date The.Membar or Hls/Her Unit WasNotified of a Futuve.Call-UpfloxActiveDuty onsAcfive‘IDuty StatusDatea OrderNofificationISKan Dale Service‘Compunent- NA OrdenNotificationiEndiDate' _ NA-;..'.'.‘- ‘ Status - ND NA This response reflects whether ihe=ifidivjdualonhis/h‘er'unlt has«receivedzeérly}notification to report for active duty Upon searching the data banks of the Department of Defense ManpoweruData C'ent'er, baséd on the information that you provided, the above is ihe siatus of the individuaJ 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. Michaél V. Sorrentd,‘ Director ' Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) ls an organization of the Department of Defense (DOD) that maintains the Defense Enrollment and Eligibility Repor'ting System (DEERS) database which'Is the official source of data on eligibility for military medical care and other eligibility systems. The DoD st'rongly 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.miI/scra/#/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 5O USC App. § 3921 (c). 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 his/her 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 of the 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 USC § 502(f) 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 incIudes 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 Io a Uniformed Service member who is an active duty commissioned officer of thé 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 on 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 times orders are amended to extend the period of 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 datés of service. Furthermore, some protections of the SCRA may extend to persbns who have received orders to report for active duty or to ,be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the laét dates of active duty. Those who could rely on this certificate are urged to seek quélified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth. and active duty sta'tus date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
