Declaration CCP 1033

Cal. Super. - 6th Dist.April 16, 2021

21 CV3801 18 Santa Clara - Civil D Harris Electronically Filed 1 CHRISTINA ARNOLD, State Bar N0.: 297590 by Superior Court of CA, HYO JIN JULIA JUNG, State Bar N0.: 316090 County of Santa Clara, 2 MELINE GRIGORYAN, State Bar N0.: 321 133 on 8/1 3/2021 2:06 PM MICHAEL D. KAHN, State Bar N0.: 236898 Reviewed B . D Harris3 ABRIL F. SAGLIo-RUIZ, State Bar N0.: 299586 Case #21 cv‘g'sm 1 8 4 350 CAMINO DE LA REINA, SUITE 100 Env I _ 70601 67SAN DIEGO, CA 92108 e °pe' 5 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 6 Attorneys for Plaintiff 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY 0F SANTA CLARA 10 DOWNTOWN SUPERIOR COURT 11 MIDLAND CREDIT MANAGEMENT, INC. Case N0_ 210,380118 12 Plaintiff, 13 VS DECLARATION RE: ' CODE 0F CIVIL PROCEDURE § 1033; KENNETH V LEON; INTEREST; AND H LII I, the undersigned, declare and state as follows: 1. I am the attorney of record for plaintiff MIDLAND CREDIT MANAGEMENT, INC.HH Q0 ("Plaintiff“) in the above entitled action. To the extent that Plaintiff acts in its capacity as p-L OOAny information obtained will be used for that purpose. H 4; successor in interest to the original creditor or its assigns, references herein to Plaintiff may Please understand this communication is frum a debt collector. This is Ian attempt t-n- collect a debt. 19 include Plaintiff's predecessor in interest. If called to testify, I could and would competently testify as 20 to all the facts stated in this declaration, except as to those matters testified to upon information and 21 belief, and as to those matters, I believe them to be true. 22 2. I am an attorney and an employee of Midland Credit Management, Inc. ("MCM"), the 23 servicer of Plaintiff‘s account. I have access to and have reviewed the electronic records pertaining to the 24 account and am authorized to make this affidavit on Plaintiff's behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records 25 generated in connection with servicing the account since the day the account was purchased by Plaintiff. 26 In addition, I reviewed the documents that are attached to this affidavit. 27 28 _ 1- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File N0.: 20-224545 JUD 1 3. Plaintiff is precluded from filing this case in Small Claims Court per Code of Civil 2 Procedure § 116.420(a). 3 4. The complaint seeks to recover amounts owed by Defendant KENNETH V LEON ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that 4 Defendant held with creditor COMENITY BANK, account number: XXXXXXXXXXXXX-9152 (the 5 "Account"). g 6 5. Prior t0 filing this complaint, all right, title and interest to the Account was sold and 13: 7 assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is E 8 entitled to collect on the Account as if it were the original creditor. Additionally, as owner of the E 9 Account, Plaintiff can testify to ownership of the Account and the fact that the debt remains unpaid by 3g g 10 Defendant. . E E 11 6. Upon my review of the Plaintiff’s records as they pertaln to Defendant’s account, there if 5:3 were previous transactions between the original creditor and Defendant. Defendant agreed to repay the Efg 12 amount due to the original creditor, and there was a valid assignment of the account from the original g g 13 creditor to Plaintiff. By using the Account, Defendant expressly agreed or impliedly promised to repay g E 14 Plaintiff. 5g 15 7. Prior to the commencement of this action, as part of our usual course of business, and E E 16 pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing of the intended legal E .Q g E“ 1 7 action and that any judgment entered against the Defendant would include attorney's fees and collections E E costs. A true and correct copy of the letter sent to Defendant is attached hereto as "Exhibit A". E E 18 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in E 19 this action. Defendant was served with the complaint on May 15, 2021. A proof of service was filed with rig 20 the coun. g? 21 9. I am informed that Defendant has failed to answer or otherwise defend as to Plaintiffs 33. 22 complaint within the time allowed by law, and therefore the allegations of the complaint are deemed 23 admitted by law. 24 10. Plaintiff seeks entry of Defendant's default and judgment as set forth in the Request f0r 25 Entry of Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. 26 27 28 -2- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_O32lG File No.: 20-224545 JUD \oooqoxmgmm,‘ h-IHHH LHNHO 15 Please understand this communicatiun is from a debt collector. This i5 an attempt tn collect a debt. Any information obtained will be used fn-r that purpose. HA 11. Filed as part of thi-s default judgment packet is an affidavit pursuant to Code of Civil Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. COSTS AND FEES 12. Pursuant to Code of Civil Procedure § 1033(b)(2), Plaintiff is entitled to recover the actual costs of a filing fee and the actual costs of service of process. 13. It is the normal business and procedure of Plaintiff to microfilm, image or store as electronic media all documents provided by Plaintiff’s predecessor-in-interest. The records are microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part of Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies of documents produced as part of this default judgment packet, including any affidavits and any documents attached thereto, be accepted in lieu of the original pursuant to Evidence Code § 1550. I declare under penalty of perjury under the laws of California that the foregoing is true and correct. Date Jub1\9, 202.1 MIDLAND CREDIT MANAGEMENT, INC. 30 292i BY: ‘5 JUL DMo JIN JULIA JUNG CHAEL D. KAHN D ABRIL F. SAGLIO-RUIZ ‘ MELINE GRIGORYAN CHRISTINA ARNOLD -3- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_03ZIG File No.2 20-224545 EXHIBIT A AA_0125 File No.: 20-224545 MIDLAND CREDIT MANAGEMENT Our Client: Midland Credit Management, Inc. LEGAL COLLECTIONS DEPARTMENT OriginaICreditor: COMENITY BANK _ I V 7' Original Account No.: XXXXXXXXXXXXXX9152 M'dlandcred't'com Current Balance: $1,847.90 (877)'898'5001 Internal Legal Account No.: 20-224545 Jack H. Pogosian, State Bar No. 305741 I .. Christina Arnold, Rate Bar No. 297590 x Hyo Jin Julia Jung, State Bar No. 316090 Kenneth V Leon Melina Grigoryan, State Bar No. 321133 P1 T22 7125 Pomt Dunes Ct Manasi Tahiliani, State Bar No. 212821 San Jose, CA 95139-1532 Carollna Plnheiro, State Bar No. 259375 IllllhllllllIIIIIIII"IIIHIIIIIIIIIIIIIIIIIllllllllllllllllllll tho' Alan De Guzman' S‘ate Bar No' 314989 10/07/2020 REF: COMENITY BANK Original Account Number: XXXXXXXXXXXXXX9152 Dear Kenneth V Leon, As attorneys with Midland Credit Management, Inc. legal department, we are contacting you regarding the collection of the above balance. Your COMENITY BANK Account, owned by Midland Credit Management, Inc., has now been transferred to our legal collections department due to non-payment. We are currently reviewing documentation (including the attached documents) in preparation for filing a lawsuit against you. Demand is hereby made upon you for the above payment IN FULL-this is the amount due on your original obligation when transferred to our department. Please send payment Made Payable to Midland Credit Management, Inc. by 10/17/2020. You may also make a payment online at MidlandCredit.com. If we do not receive payment IN FU LL by 10/17/2020, we intend to file a lawsuit against you, seeking entry ofjudgment for your account's outstanding balance as well as any incurred and recoverable court costs. We intend to continue our collection efforts through various post-judgment remedies available under your state’s laws if a judgment is obtained against you. If you are unable to pay in full by 10/17/2020 please contact our office at (877)-898-5001 to discuss affordable repayment options. Your prompt attention is necessary to avoid a lawsuit. Please call (877)-898-5001 no later than 10/17/2020. You may also make a payment online at MidlandCredit.com. Sincerely, Attorneys for Midland Credit Management, Inc. P..S. Attached are copies of some of the documents we received from the original creditor regarding this account. When your account has been paid, and if data related to the account is still being furnished to the consumer reporting agencies, a request will be made of the three major consumer reporting agencies to report the Midland Credit Management, Inc. trade line related to the above referenced account as paid. 00524! Wait Usonline @IE- P.O. Box 2121 Warren, Ml 48090 MidlandCredimom can (577)-395-5001 Hours of Operation: M - Fri: Szooam - 7:30pm EST Sat: Closed Sun: Closed _________________________'3l-EAfiE SEEBEYEESE§EQFEQB 'MPSDRTANIP!§_°_L_9§UEE.INEQEMAT'QE____‘__________------. - Plea‘s-e'tear ofi'and return lower poFfioB WiiI-I-payment in the envelope provided - PAYMENT CERTI FICATE Internal Legal Account Number: 20-224545 Payment Options: Original Account Number: XXXXXXXXXXXXXXQlSZ 1) pay by phone; (377)-398-5001 cur’em Ba'ance: . 51347-90 2) Mail in this certificate with your payment and Amount E"CI°SEd' 5-- make check payable to: Midland Credit Kenneth V Leon Management, Inc. 7126 Point Dunes Ct San Jose, CA 95139-1532 - 01 03800005248 0000 0000 A ug |a- P.o. aox 2121 Warren. MI 48090 PRE_002 GL_0702G 20-224545 IMPORTANT DISCLOSURE INFORMATION: Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS TO: P.O. Box 2121 Warren, Ml 48090 MAIL COREESPONDEflCE TO: P.O. Box 2121, Warren, Ml 48090 We are required under state law to notify consumers of the following additional rights. This list does not contain a complete list of the rights consumers have under appIicable law: IF YOU LIVE IN CALIFORNIA, THIS APPtIES TO YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legal proceedings could result in a judgment against you that could include court costs and necessary disbursements under applicable law, if Midland Credit Management, inc. is found to be legally entitled to the same. PRE_002 GL_0702G 20-224545