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. JORGE J SALINAS 21 CV379068 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 6/8/2021 3:28 PM Reviewed By: D Harris Case #21 CV379068 Envelope: 6607196 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE COURTHOUSE, CIVIL CASE PLAINTIFF, VS. DEFENDANT(S) CASE NO. 21CV379068 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 91030 626-799-8444 626-799-841 9 SANTA CLARA COURTHOUSE Bank of America, N.A. P/a/ntif/f v. Case No. 21CV379068 DECLARATION IN SUPPORT OF JORGE J SALINAS I APPLICATION FOR ENTRY OF (hereinafter, the ”Defendant? JUDGMENT l, Sherri Griffin, hereby declare: 1. l 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 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 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: 118308484201 DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E -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(4231 for the just and true sum of $2641.97, and that all just and lawful offsets, payments, and credits have been allowed. The last payment to the Account occurred on 02/1 9/2020. 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 $1000.02, leaving a present balance of $2641.97 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 | would competently testify, under oath, thereto. Given under my hand on: MAY Dated: I 7 2021 Declarant Name (Printed) Sherri Griffin Declarant Name (Signature)MW Title of Declarantm BankofAmerica4'? CASH REWARDS JORGE J SALINAS 2075 WILLESTER AVE SAN JOSE CA 95124-2013 Account Summary DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E BankofAmericaé)? Prevlous Balance $3,576.78 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $65.21 New Ba|ance TotaI $3,641.99 Total Credit Line $3,000.00 Total Credit Available $0.00 Cash Credit Llne $300.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 10/1 7/201 8 Days In Billing Cycle 30 Customer Service Information: www.bankofamerica.com 1.800.421 .21 10 TTY: 1.800.346.31 78 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 September 18 - October 17, 2018 Accountfi- 4231 Payment Information New Balance Total $3,641 .99 Current Payment Due $100.00 Past Due Amount $865.00 Total Minimum Payment Due $965.00 Payment Due Date 11/14/201 8 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 $38.00 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 Ion er to -a off our balance. For exam-Ie Only the Total 15 years Mlnlmum Payment $7,627.00 If you would like Information about credit counseling services, call 866.300.5238. 17 BANK OF AMERICA P.O. BOX 15019 WILMINGTON DE 19886-5019 JORGE J SALINAS 2075 WILLESTER AVE SAN JOSE CA 95124-2013 AccountNumber:_ 4231 New Balance Total $3,641.99 Total Minimum Payment Due $965.00 Payment Due Date 11/14/2018 Enter payment amount $. ; For change ofaddress/phone number, see reverse side. Make your payment on/I'ne at wwmban/rofamen'ca. com or Mail this coupon along with your check payable to: Bank of America DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E JORGEJSALINAS | Accounm- 4231 I September18-0ctober17,2o18 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next statement if you pay the New BaIance 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 is multiplied by the number of days in the bilting cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calcuiated 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 wHI 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. For your protection, we will ask for security Information. A fee may appIy 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 availabie 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 Onh’ne 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. lf 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. © 2018 Bank of America Corporation 004-000-000-6 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 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 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 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 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: (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 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 ls: (1) received by 5 p.m. 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 IL Payments received by mail after 5 p.m. local tlme 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 te|lers 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-time 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 checking 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 Option: Online at www.bankofamerica.com. Please do not add any written communication in this space. AB DocuSign Envelope ID: 2F088F35-E82D-4955-AA76-0B48B7517B3E r JORGEJSALINAS | Account#_ 4231 | September18-0ctober17,2o18 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 10/17 10/17 INTEREST CHARGED ON PURCHASES 65.21 10/17 10/17 INTEREST CHARGED ON BALANCE TRANSFERS 0.00 10/17 10/1 7 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00 10/1 7 10/17 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $65.21 201 8 Totais Year~to-Date > Total fees charged m 201 8 $342.00 Total Interest charged in 201 8 $587.67 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 2 1 .99%V S 3,608.21 S 65.21 Balance Transfers 21 .99%V $ 0.00 S 0.00 Direct Deposit and Check Cash 24.99%V S 0.00 S 0.00 Advances Bank Cash Advances 26.99%V S 0.00 $ 0.00 APR Type Definitions Daily Interest Rate Type: V= Variable Rate (rate may vary) Important 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 ls no fee for being over your Total Credit Line. When thls 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 JORGEJSALINAS I Account#_ 4231 | September18-0ctober17,2o18 " " -- rewards rosramteday' fiORE THAN plum Join our fight. Save lives. Breast cancer kills more than 41 ,OOO people each year in the US. That's #unacceptable. Join us in cutting breast cancer deaths in half by 2026. Learn more at Komen.org/JoinTheFight. BankofAmerica ° susanax?? «omen. Offldai Partner of Susan GV Kanan‘ SSMO7~18~OO21 ‘B I AR6X884C Additional Information Need to dispute a transaction? For the fastest dispute resolution, please contact the merchant. If unsuccessful, simply file a dispute online www.bankofamerlca.com. Select your credit card account, click the “Information & Services” tab and then select the “Dispute a tranéaction" Ilnk under the “Services” section. Page 4 of 4
