Default EnteredCal. Super. - 6th Dist.March 18, 202121CV379071 on 8/4/2021 10:47 ANEnvelope: 6992953 Santa Clara-Civil Reviewed By: A. Villanueva CIV-105 ATTORNEY OR PARTY WITHOUT ATTORNEY: (Name and Address) BRYANT BURNSTAD, SBN 297286 RESURGENCE LEGAL GROUP, PC 10805 Holder Street, Suite 167 Cypress, CA 90630 (T) 877/440-0860 (F) 714/226-0024 EMAIL: CAAttorney@ResurgenceLegal.com Attorney for Plaintiff TP 1 048 1 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE DOWNTOWN JUDICIAL DISTRICT 191 NORTH FIRST STREET SAN JOSE, CA 951 13 PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS LLC DEFENDANT/RESPONDENT: VINCENT VU FOR COURT USE ONLY A. Villan REQUEST FOR (Application) X Entry of Default E Judgment CASE NUMBER: 2 1CV379071 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code. § 1788.50 et seq.) On the complaint 0r cross-complaint filed 0n (date): March 18, 2021 by (name): VELOCITY INVESTMENTS LLC E Enter Default 0f defendant (names): VINCENT VU P‘P 9"?” VINCENT VU E Irequest a judgment under Civil Code section 1788.60 and Code 0f Civil Procedure section 585 against defendant (names): (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. III Default was previously entered 0n (date): 2. Judgment to be entered. Amount ' Balance Acknow edged a. Demand 0f complaint* ............ $9,338.89 $0.00 $9,338.89 b. Interest ........................ $0.00 $0.00 $0.00 c. Costs (seepage 3) ............... $297.45 $0.00 $297.45 d. Attorney fees ................... $0.00 $0.00 $0.00 e. TOTALS ...................... $9,636.34 $0.00 $9,636.34 (*Must be establishedby business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code, §§ 1 788.58(a)(4), 1 788.60(a).)) This action is not barred by the applicable statute 0f limitations (Civ. Code, § 1788.56). Requirements for the complaint. a. The complaint alleges ALL 0fthe following (Civ. Code, §§ 1788.58, 1788.60): (1) That the plaintiff is a debt buyer; (2) A short, plain statement regarding the nature 0f the underlying debt and the consumer transaction from Which it is derived; (3) That the plaintiff is EITHER the sole owner 0f the debt OR has the authority to assert the rights 0f all owners 0f the debt; (4) The debt balance at charge-off and an explanation 0fthe amount and nature of, and reason for, all post charge-off interest and fees, if any, imposed by the charge-off creditor 0r any subsequent purchasers 0f the debt; (5) The date 0f the default OR the date 0f the last payment; (6) The name and address 0fthe charge-off creditor at the time 0f charge-off in a sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated With the debt; Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Page 1 0f 3 Judicial Council 0f California (Application to Enter Default) Code 0f Civil Procedure, §585; CIV-105 [ReV. January 1, 2020] Civil Code § 1788.60 FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV379071 By: suy 8/4/2021 PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS LLC CASE NUMBER: DEFENDANT/RESPONDENT: VINCENT VU 2 1CV379071 4. a. (7) The name and last known address 0fthe debtor as they appeared in the charge-off creditor's records prior to the sale 0fthe debt; (8) The names and addresses 0f all persons 0r entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser; and (9) That the plaintiff has complied With Civil Code section 1788.52. b. A copy 0f the contract 0r other document described in Civil Code section 1788.52(b) is attached to the complaint. 5. Documentation requirements for default judgment. ALL 0f the following documents are submitted with this request for default judgment (CiV. Code, § 1788.60(a)-(c)): a. A copy 0fthe contract 0r other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.52(b) 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 0f the debt OR has the authority to assert the rights 0f all owners 0f the debt; (2) The debt balance at charge-off, and an explanation 0fthe amount and nature of, and reason for, all post charge-off interest and fees, if any, imposed by the charge-off creditor 0r any subsequent purchasers 0f the debt; (3) The date 0f the default OR the date 0f the last payment; (4) The name and address 0f the charge-off creditor at the time 0f 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) The name and last known address 0fthe debtor as they appeared in the charge-offcreditor's records prior to the sale 0fthe debt; and (6) The names and addresses 0f all persons 0r 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: July 25, 2021 {BRYANT BURNSTAD, SBN 297286 > (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) III Default entered as requested 0n (date): USE ONLY (2) III 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 III did E did not for compensation give advice 0r assistance With this form. Ifdeclarant has received any help 0r advice for pay from a legal document assistant 0r unlawful detainer assistant, state: a. Assistant's name: c. Telephone n0.: b. Street address, city, and zip code: d. County 0f registration: e. Registration n0.: f. Expires 0n (date): 7. E Declaration under Code Civ. Proc., § 585.5 (for entry ofdefault under Code Civ. Proc., § 585(a)). This action a. III is E is not 0n a contract 0r installment sale for goods 0r services subject to Civ. Code § 1801 et seq. (Unruh Act). b. III is E is not 0n a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. III is E is not 0n an obligation for goods, services, loans, 0r extensions 0f credit subject to Code Civ. Proc., § 395(b). Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Page 2 0f 3 Judicial Council 0f California (Application to Enter Default) Code 0f Civil Procedure, §585; CIV-105 [ReV. January 1, 2020] Civil Code § 1788.60 x 8/4/2021 SUy PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS LLC CASE NUMBER: DEFENDANT/RESPONDENT: VINCENT VU 2 1CV379071 8. Declaration of mailing (Code Civ. Proc., § 587). A copy 0f this Requestfor Entry ofDefault was a. III not mailed to the following defendants Whose addresses are unknown to plaintiff 0r plaintiff‘s attorney (names): b. E mailed first-class, postage prepaid, in a sealed envelope addresses to each defendant's attorney 0f record or, if none, to each defendant's last known address as follows: (1) Mailed 0n (date): 07/30/2021 (2) T0 (specifi/ names and addresses Shown 0n the envelopes) VINCENT VU 3300 NARVAEZ AVE SPC 84 SAN JOSE CA 95136 I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoin Items 6, 7 and 8 are true and correct. Date: 07/30/2021 A. SALAS > (TYPE 0R PRINT NAME) (SIGNATURE ORQEQL/ARANT) 9. Declaration ofnonmilitary status (requiredfor ajudgment). No defendant named in item lc 0fthe application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 391 1(2), 0r California Military and Veterans Code sections 400 and 402(f). 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 .................. $67.50 c. Other (specify):E filing fees $4.95 d. ................................... e. TOTAL ............................ $297.45 f III Costs and disbursements are waived. g. I am the attorney, agent, 0r party Who claims these costs. T0 the best 0fmy knowledge and belief this memorandum 0f costs is correct and these costs were necessarily incurred in this case. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Date: July 25, 2021 fiRYANT BURNSTAD, SBN 297286 > g5 (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Page 3 0f 3 Judicial Council 0f California (Application to Enter Default) Code 0f Civil Procedure, §585; CIV-105 [ReV. January 1, 2020] Civil Code § 1788.60