DeclarationCal. Super. - 6th Dist.March 18, 2021DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B751733E \OOOQONUl-PUJNr-n NNNNNNNNNHHr-tr-AHp-Ap-Ap-Ap-AH OOQONUI-thHOOOOflONUI-bwlvh‘o Bank of America, N.A. ELIZARDO P MANGLICMOT 21 CV379058 Santa Clara - Civil FLINT c ZIDE, SBN 160359 LAW OFFICE 0F HARRIS & ZIDE 1445 HUNTINGTON DRIVE, SUITE 300 SOUTH PASADENA CA 91030 TELEPHONE: (626)799-8444 FACSIMILE: (526)799-8419 ATTORNEYS FOR PLAINTIFF Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/10/2021 3:12 PM Reviewed By: D Harris Case #21CV379058 Envelope: 6626101 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE COURTHOUSE, CIVIL CASE PLAINTIFF, VS. DEFENDANT(S) CASE NO. 21CV379058 DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT C.C.P.585 (d) The declaration is attached hereto and hereby incorporated herein. DHa rris ‘DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E _$ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FLINT C ZIDE 1445 HUNTINGTON DRIVE SUITE 300 SOUTH PASADENA, CA 91 030 626-799-8444 626-799-841 9 SANTA CLARA COURTHOUSE Bank of America, N.A. P/a/nt/fi‘, v. Case No. 21CV379058 DECLARATION IN SUPPORT OF ELIZARDO P MANGLICMOT APPLICATION FOR ENTRY OF (hereinafier, the ”Defendant? JUDGMENT l, Jessica R Dean, hereby declare: 1. I am over 18 years old and competent to make this Declaration. I 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 my job responsibilities, I 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 wholly-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 and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this decIaration 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: 795323206401 DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E .4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. The books and records of Plaintiff show that the Defendant is currently indebted to Plaintiff on Account number )00000000000(2437 for the just and true sum of $3045.05, and that all just and lawful offsets, payments, and credits have been allowed. The last payment to the Account occurred on 07/25/2019. 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 $3045.05 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. 7. I declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: MAY 1 7 2021 Declarant Name (Printed) Jegica R Dean DeclarantName(Signature)9 - M Title of Declarantm DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E \ BANKOFAMERICA”? P.0. BOX 15284 WILMINGTON, DE 19850 ELIZARDO P MANGLICMOT PO BOX 612344 SAN JOSE CA 95161-2344 Account Summary Previous Balance $2,992.53 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $52.52 New Balance Total $3,045.05 Total Credit Line $2,500.00 Total Credit Available $0.00 Cash Credit Line $750.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 02/09/2020 Days in Billing Cycle 31 Customer Service Information: www.bankofamerica.com 1.800.421 .21 10 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 january 1o - February 9, 2020 Accountfi- 2437 Payment Information New Balance Total $3,045.05 Current Payment Due $82.00 Past Due Amount $746.00 Total Minimum Payment Due $828.00 Payment Due Date 03/06/2020 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $39.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you lon-er to -a off our balance. For exam-Ie: "'- ' $3“ Only the Total Minimum Payment 13 years $5,905.00 If you would like information about credit codnseling services, call 866.300.5238. BANK OF AMERICA ‘ P.O. BOX 15019 WILMINGTON DE 19886-5019 ELIZARDO P MANGLICMOT PO BOX 612344 SAN JOSE CA 95161-2344 Account Number;- 2437 New Balance Total $3,045.05 Total Minimum Payment Due $828.00 Payment Due Date 03/06/2020 Enter payment amount For change ofadd/ass/phone number, see re verse side. Make yourpayment online at www.bankofamen’ca.c0m or Mail this coupon along with your check payable to: Bank of America DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E ELIZARDO P MANGLICMOT I Account #_ 2437 l January 1O - Februaly 9, 2020 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 Pen’odic Rate and that result is 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 Pen‘odic 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 ofyour 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 |ower 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. Foryour 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 is available for Bank Cash Advances. The Cash Credit Line is that amount you have availabie 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 to additional interest charges when you pay in 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 © 2020 Bank of America Corporation 004-000-000-G 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) calcu|ating 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 apph‘cable 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. If any daily balance is less than zero we treat I't 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) caltulating 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 I'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: ('l) 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 baiances 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 is issued and administered by Bank of America. Bank of America is a registered trademark of Bank of America Corporation. PAYMENTS - We credit mailed payments as of the date received, if the payment is: (1) received by 5 pm. local time at the address shown on the remittance portion of your monthly 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 remittance portion 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 that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. CentraL Credit for any other payments may be delayed up to five days Cash payments made with our tellers or ATM with Teller Assist (ATA) wiH 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 ched<. Each check authorizes us to create a one-tlme electronic funds transfer (or process it as a check 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 savings or chedxing account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space. AB DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E ELIZARDO P MANGLICMOT l Account fl- 2437 | January 10 ~ February 9, 2020 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 02/09 02/09 INTEREST CHARGED 0N PURCHASES 52.52 02/09 02/09 INTEREST CHARGED ON BALANCE TRANSFERS 0.00 _ 02/09 02/09 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00 02/09 02/09 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $52.52 2020 Totals Year-to-Date Total fees charged In 2020 $39.00 Total interest charged in 2020 $103.55 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Promotional Promotional Promofional Balance Interest Balance Percentage Transacfion Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 20.49%V $ 3,01 7.86 S 52.52 Balance Transfers 20.49%V 5 0.00 S 0.00 Direct Deposit and Check Cash 23.49%V $ 0.00 S 0.00 Advances Bank Cash Advances 26.49%V S 0.00 $ 0.00 APR Type Definitions Daily Interest Rate Type: V- Variable Rate (rate may vary) Important Messages 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. When this statement was created, the account’s Credit Line was in a restricted status and not available for use. Page 3 of 4 ' DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E ELIZARDO P MANGLICMOT | Account tr- 2437 | January 1O - February 9. 2020 THE POWER TO experience the arts like never before Get one free general admission with Museums on Us“. Simply show your Bank of America“ card and a photo ID at more than 225 cultural institutions on the first full weekend of every month. Visit bankofamerlca.com/ArtsOnUs to find a participating location near you. SSM-10~19~0670.C I 2841280 A Agwww- Page 4 of 4
