Declaration In SupportCal. Super. - 6th Dist.March 18, 2021DocuSign Envelope ID: AF391061-DzE7-4308-8968-OBAC7E208303 21CV379060 \OOOQONUl-PUJNr-n NNNNNNNNNHHr-tr-AHp-Ap-Ap-Ap-AH OOQONUI-thHOOOOflONUI-bwlvh‘o Santa Clara - Civil FLINT c ZIDE, SBN 160369 / JACOB P. WILSON, SBN 331448 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 2/14/2022 12:00 AM Reviewed By: S. Uy Case #21CV379060 Envelope: 8273071 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE COURTHOUSE, CIVIL CASE DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT C.C.P.585 (d) Bank of America, N_A_ CASE No. 21cv379060 PLAINTIFF, vs. MINH DINH PHAN DEFENDANT(S) The declaration is attached hereto and hereby incorporated herein. Uy DocuSign Envelope ID: AF391061-D2E7-4308-8968-OBAC7E208303 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 91030 626-799-8444 626-799-841 9 SANTA CLARA COURTHOUSE Bank of America, N.A. Plaintiff, v. Case No. 21CV379060 DECLARATION IN SUPPORT OF MINH DINH PHAN APPLICATION FOR ENTRY OF (hereinafier, the "Defendant? JUDGMENT I, Kathlena Edwards, hereby declare: 1. | 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”). I 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 whoIIy-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 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: 905819206301 DocuSign Envelope ID: AF391061-D2E7-4308-8968-OBAC7E208303 --L 1O 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(2389 for the just and true sum of $2814.62, and that all just and lawful offsets, payments, and credits have been allowed. The last payment to the Account occurred on 04/06/2020. 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 $2814.62 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. 7. l declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness l would competently testify, under oath, thereto. Given under my hand on: Dated: MAY 172021 Declarant Name (Printed) Kathlgna Edwards Declarant Name (Signature) Title of Declarantm K BANKOFAMERICA”? P.0. BOX 15284 WILMI NGTON, DE 19850 MINH DINH PHAN 296 N CLAREMONT AVE SAN JOSE CA 95127-2039 Account Summary DocuSign Envelope ID: AF391061-D2E7-4308-8968-OBAC7E2083C3 Previous Balance $2,760.21 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $54.41 New Balance Total $2,814.62 Total Credit Line $2,500.00 Total Credit Available $0.00 Cash Credit Line $250.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 11/1 3/2020 Days in Billing CycIe 31 Customer Service Information: www.bankofamerica.com 1.800.421.21 1O TTY: 1.800.346.31 78 Mail billing inquiries to: Bank of Amen’ca P.O. Box 982234 El Paso TX 79998-2234 Mail payment to: Bank of America P.O. Box 15019 Wilmington DE 19886-5019 October 14 - November 13, 2020 Accountfir- 2389 Payment Information New Balance Total $2.81 4.62 Current Payment Due $82.00 Past Due Amount $718.00 Total Minimum Payment Due $800.00 Payment Due Date 12/10/2020 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 oa off our balance For exam-le- Only the Total 12 years Minimum Payment If you would like information about credit counseling services, call 866.300.5238. BANK OF AMERICA P.O. BOX 15019 WILMINGTON DE 19886-5019 MINH DINH PHAN 296 N CLAREMONT AVE SAN JOSE CA 95127-2039 Account Number;- 2389 New Balance Total $2,814.62 Total Minimum Payment Due $800.00 Payment Due Date 12/10/2020 Enter payment amount $ For change ofaddress/phone number, see reverse side. Make yourpayment onllne at www.bankofamen’cacom 0r Mail this coupon along with your check payable to: Bank of America D‘ocuSign Envelope ID: AF391061-D2E7-4308-8968-OBAC7E2083C3 MINH DINH PHAN | Account #- 2389 | October 14 - November 13, 2020 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next statement I'f you pay the New Balance Total I'n full by the Payment Due Date, and you had paid I’n 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 I's multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Pen’odic 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 of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts I'n 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 authon‘ze the amount and timing of each payment. For 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 availabIe for the account; however. only a portion of that is 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 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 wal|et. © 2020 Bank of Amefica Corporation 004-000-000-6 CALCULATION 0F BALANCES SUBJECT T0 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 I‘n the 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 applicab|e 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 I‘s iess than zero we treat hfimm 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 I‘n 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 pn'or 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 fn this statement’s billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Pen’odfc 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 I's less than zero we treat hmmm 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 attn’butable 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 cyclea 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 I's 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 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) pald with a check drawn in U5 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 pm. 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 onlfne 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 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 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 bfll automatically from your savings or checking account with us, you can stop the payment on any amount you think ls wrong. To stop payment, your letter must reach us at least three business days before the automatic payment I's 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: AF391 061-D2E7-4308-8968-0BAC7E2083C3 MINH DINH PHAN | Account t:_ 2389 | OCtober 14 - November 13, 2020 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 11/13 11/13 INTEREST CHARGED ON PURCHASES 54.41 11/13 11/13 INTEREST CHARGED ON BALANCE TRANSFERS 0.00 11/13 11/13 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00 11/13 11/13 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $54.41 2020 Yotals Year-tmDate Total fees charged in 2020 $223.00 Total interest charged in 2020 $51 8.71 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Promotional Promotional Promotional Balance Interest Balance Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 22.99%V $ 2,786.45 S 54.41 Balance Transfers 22.99%V $ 0.00 S 0.00 Direct Deposit and Check Cash 24.99%V $ 0.00 $ 0.00 Advances Bank Cash Advances 24.99%V S 0.00 S 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: AF391061-D2E7-4308-8968-OBAC7E208303 MINH DINH PHAN l Account #- 2389 | October 14 - November 13, 2020 gEstados de cuenta en espafiol? Statements in Spanish? iPodemos hacerlos para usted! We can do that for you! Llame al 800.688.6086 o visite Call 800.432.1 000, or visit SU CQHII’O finanC‘el’O mas CerCal’IO. yOUI’ nearest finandal Center. Se aplican exduslones. No se encuentla disponlble para cuentas comercides, Exclusions apply. Not available for Commercid, Menill, Pr‘wate Bank Mam", Private Bank y Pequefias Empresas and SmaN Business accounts. SSM-07-20»0686.B l 317251 8 Page 4 of 4 DocuSign Envelope ID: AF391061-D2E7-4308-8968-OBAC7E208303 AVIT 0 P AINTIFF’S COUNSE Comes now affiant, and states: I, 1mg Kirflgtdck, am an employee ofLaw Offices of Harris and Zide. Iam of adult age and am fully authorized to make the below representations. I am familiar with the record keeping practices ofLaw Offices of Harris and Zide. Ihave reviewed documents kept in the I normal course ofLaw Offices of Harris and Zide business which include records obtained from the following source: TransUnion. These records reflect that the Defendant MINEDINH PHAN, account number ICXXXXXXXXXXX2389, currently rwides in the following state: California. I swear or affirm under penalties ofpczjury that the foregoing representations are true. ~ Date: May 11, 2021 ' - #7“? Signature ofAfiant \" Ignes Kirflm‘gg Printed or Typed Name Law Ofices of Harris and Zide 1445 Huntington Drive Ste 300 South Pasadena, CA 91030 (626)799-8444 State ofResidency vs 3_09 22 2016