DeclarationCal. Super. - 6th Dist.April 26, 2021| CHRISTINA ARNOLD, State Bar No.: 297590 HYO JIN JULIA JUNG, State Bar No.: 316090 2 MELINE GRIGORYAN, State Bar No.: 321133 MICHAEL D. KAHN, State Bar No.: 236898 3 ABRIL F. SAGLIO-RUIZ, State Bar No.: 299586 4 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 5 Telephone: (866) 300-8750 # Facsimile: (858) 309-1588 3 6 Attorneys for Plaintiff B7 gs 5 SUPERIOR COURT OF CALIFORNIA 9 # a COUNTY OF SANTA CLARA ge 10 DOWNTOWN SUPERIOR COURT wa o &s 11 i. = MIDLAND CREDIT MANAGEMENT, INC. Case No. 21CV380942 oo Bp Plaintiff, 8B 13 vs DECLARATION RE: Ba : CODE OF CIVIL PROCEDURE § 1033; ne 14| | DINHDDO; INTEREST; AND 5 3 Defendant. EVIDENCE CODE § 1550 ae 15 = A Se 16 I, the undersigned, declare and state as follows: ee 7 1. I am the attomey of record for plaintiff MIDLAND CREDIT MANAGEMENT, INC. ES 5 £ ("Plaintiff") in the above entitled action. To the extent that Plaintiff acts in its capacity as 2 18 Zt successor in interest to the original creditor or its assigns, references herein to Plaintiff may 3 5 19 include Plaintiff's predecessor in interest. If called to testify, 1 could and would competently testify as 8 20 to all the facts stated in this declaration, except as to those matters testified to upon information and a 21 belief, and as to those matters, I believe them to be true. 6 ay) 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 74 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 -|- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 20-222030 JUD Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/9/2022 9:47 PM Reviewed By: Y. Chavez Case #21CV380942 Envelope: 8473952 21CV380942 Santa Clara - Civil Y. Chavez 1] 3. Plaintiff is precluded from filing this case in Small Claims Court per Code of Civil 3 Procedure § 116.420(a). 3 4. The complaint seeks to recover amounts owed by Defendant DINH D DO ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that Defendant held with ‘ creditor CAPITAL ONE BANK (USA), N.A., account number: XXXXXXXXXXXX-5409 (the 5 "Account"). g 6 5. Prior to filing this complaint, all right, title and interest to the Account was sold and a 7 assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is 8 g entitled to collect on the Account as if it were the original creditor. Additionally, as owner of the 3 9 Account, Plaintiff can testify to ownership of the Account and the fact that the debt remains unpaid by 3 10 Defendant. as 6. Upon my review of the Plaintiff’s records as they pertain to Defendant’s account, there i 8 " were previous transactions between the original creditor and Defendant. Defendant agreed to repay the Be W2 amount due to the original] creditor, and there was a valid assignment of the account from the original 8 3 13 creditor to Plaintiff. By using the Account, Defendant expressly agreed or impliedly promised to repay S= 14| | Plaintiff 58 15 7. Prior to the commencement of this action, as part of our usual course of business, and S 8 16 pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing of the intended legal 3 E 7 action and that any judgment entered against the Defendant would include attorney's fees and collections E = 1g costs. A true and correct copy of the letter sent to Defendant ts attached hereto as "Exhibit A". ag 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in 2 19 this action. Defendant was served with the complaint on June 05, 2021. A proof of service was filed with s 20 the court. ® 21 9. I am informed that Defendant has failed to answer or otherwise defend as to Plaintiff's 2 22 complaint within the time allowed by law, and therefore the allegations of the complaint are deemed 23 admitted by law. 44 10. Plaintiff seeks entry of Defendant's default and judgment as set forth in the Request for 95 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_0321G File No.: 20-222030 JUD l Lt. Filed as part of this default judgment packet is an affidavit pursuant to Code of Civil 2 Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. 3 COSTS AND FEES 4 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. 3 6 13. It is the normal business and procedure of Plaintiff to microfilm, image or store as 8 7 electronic media all documents provided by Plaintiffs predecessor-in-interest. The records are 2 e g microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part of E 9 Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies of £ = 8 documents produced as part of this default judgment packet, including any affidavits and any documents ne 10 P a 2 attached thereto, be accepted in lieu of the original pursuant to Evidence Code § 1550. &s ll re I declare under penalty of perjury under the laws of California that the foregoing is true and o 5 By 12 correct. a3 pH "8 14 Date January 26, 2022 MIDLAND CREDIT MANAGEMENT, INC. o “ ag |S FEB 0 8 9092 co a5 16 7 23 By: 25 17 [IHYO JINJULIA JUNG 5 5 [-]MELINE GRIGORYAN ag 18 [] CHRISTINA ARNOLD 2 19 [_] MICHAEL D. KAHN s DAABRIL F, SAGLIO-RUIZ 3 20 a 21 i “22 23 24 25 26 27 28 -3- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 20-222030 EXHIBIT AIBIT MIDLAND CREDIT MANAGEMENT Our Client: Midland Credit Management, HLEGAL COLFECTIONS DEPARTMENT, Original Creditor: CAPITAL ONE BANK (USA), NA. Peek rere ey eer ee ae ae ae ea . . Original Account No.: XXXXXXAXXAXKSAOD MidiandCredit.com Current Balance: $9,204.63 {877}-898-5001 Internal Legal Account No.: 20-222030 Jack H. Pogosian, State Bar No. 305741 a a Christina Arnold, State Bar No, 297590 . be Hyo Jin Julia Jung, State Bar No. 316090 Dinh B Do Meline Grigoryan, State Bar No, 321133 Pa 2 1474 San Marcas Dr Manasi Tahiliani, State Bar No. 272821 San Jose, CA 95132-2261 Carolina Pinheiro, State Bar No. 259875 me! eb Ey yy pllapyin Nichol Alan De Guzman, State Bar No. 314989 40/07/2020 REF: CAPITAL ONE BANK (USA), N.A, Original Account Number: XXXXXXXXXXXX5409 Dear Dinh D Do, As attorneys with Midland Credit Management, inc. legal department, we are contacting you regarding the collection of the above balance. Your CAPITAL ONE BANK (USA}, N.A. Account, owned by Midland Credit Management, inc., has now been transferred to our legal collections department due to non-payment. We are currently reviewing dacumentation (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 Midiand Credit Management, Inc. by 10/17/2020. You may also make a payment online at MidlandCredit.com. If we do not receive payment IN FULL by 10/17/2020, we intend to file a lawsuit against you, seeking entry of judgment 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. 2, . FON ees Visit Us Online esp Sh. P.O. Box 2121 Warren, MI 48090 MidlandCredit.com Cali (877)-898-5001 Hours of Operation: M ~ Fri: 8:00am ~ 7:30pm EST Sat: Closed Sun: Closed cave con eenecesseseesee- PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION oo Please tear off and return lower portion with poyment in the envelope provided Geist Rapa eee aU eres aes ee Internal Legal Account Number: 20-222030 Payment Options: Original Account Number: XXXXXXXXXAXK5409 1) Pay by phone; (877}-898-5001 Current Balance: $9,204.63 2) Mail in this certificate with your payment and Amount Enclosed: 5 make check payable to: Midland Credit Dinh D Bo Management, Inc. 1474 San Marcas Or San Jose, CA 95132-2261 oe pers EQ ee P.O. Box 2121 Warren, Mi 48090 Eee Sreseneas2is RCC SGo0 PRE_002 GL_0702G 20-222030 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, MI 48090 MAIL CORRESPONDENCE TO: P.O. Box 2121, Warren, MI 48090 We are required under state Jaw to notify consumers of the following additional rights. This list does not contain a complete list of the rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: California Code of Civil Procedure §1033{b}(2) requires us to notify you that in the event of legal proceedings, such Jegal 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 20-222030 oo -, Poge 1 tS “saesitcal (Ve Visa Signature Account Ending in 5409 € ie al One Atar.27, 2O19- Apr, 26, 2019 : 33 days in Biting Cycle Do L Payment Gad Date. Kor oniime and phone payments, : : Previous Balance $9,099.48 : PAST D U E the deadline ig Bom ET. pL ie renter a ania ttn items i | Payments . $0.00 | : Ney Balance ~ . ~~ Mininum Paymect Due : : Other Credits _. . _ ; $6.06 : - $9,204.63 $9,204.63 || Transactions oS == $0.00 | | IMPORTANT ACCOUNT UPDATES: | eS Avene eS cuemtinsunatttiatttionmnnnant OOO | : Bog ce + $0.00 | i Your full balence is due, Any payment you make wil reduce your balance i Fees Ona ge nmvsmnneinnnannm evga $0.0 _ i : and help pay of your gent faster. The amount you awe may diter it : Interest Charged $195.15 | i you've entered inte a separate payment agreement. ‘ “isan mi ening rtthggioneamnemrrniarmcgirmnmnee f Laces nurinninanatunnncanpnainnnnanntnetntinieaneaunmnernmec-igmnnpunnnestnamnnnnmtennd New Balance = $9,204.63 Available Ctedit (as of Apr, 26,2019) a AA Co : Account Notifications GY Welcome to your account notifirations. Check back kere each month for important updates aboul your account. Pay ne manage your account on-nue mobile app or at defwicdgtiinds con, Gustamer Service: 1-800-258-9319 Gee reverse for Important information re Please setal us tis gortion of guar statement and only ane check ior me menay order} te preety Capital¢ the eaiguie your nayrtpal is processed promplly, Allow el lexst seven business deys lor delivery, AOS ; Payment Due Date: Past Due Accoumt Ending in 3409 ° ar 5 ne ne EE EE ei ens itientinnrnnihieesiiannslinttnnmninteient ee ei: New Galance Minimum Payment bue Amount Enclosed : Capi fal One E $9,204.63 $9,204.63 $ a i : DINM D Bo LY74 SAN MARCOS DR Sah JOSE, C4 98498-2263 Capital one P.O. Box 15499 Nhl City of Industry: CA I374b-0579 eee Opa t andes | WR 05 260 9204530500909204633 Saini aensHaeaIe24s Bie RELA oot How can | Avoid Paying Interost Charges? If you pay your statevteni’s New Balance How do you Process Payments? When you make a paymert. you authonze us to fuil by the due date, we sali nof charge you interest cn any new transacions fat posite initiate an ACH cr elector paymeel that will te debtes from your bank atecunt or the purchase segment. i you have been paying your account in full with no Interest other selaied acotunl When you peoede a check or check information to moked a Charges, but then you de net pay your next New Balance in full, we wid charge interest On gayiment, you authorize us to use utformation fram the check lo make a nne-bere ACH oF the pacioa of the balance thai you dif pot pay. For Cash Advances and Specict they electrome translar from your bank accaunt We may also process if as @ check Transfers, ‘we wil start charging interest on the transaction date Certain premetional - ansaction. Funds enay be withdrawn from your hank accoun! as econ as tha same day offers may allow you tn pay less than the lolal New Balance ard avuid paying Interest we process your payment. Charges on sew purchases, Please refer to the front of your stalement for additional = How do you Apply My Payment? We gerecally apoy payments up fo your Minium information. Payment first to the balance with Ihe fewest APR fisciuding 8: APR) and ther te How is the interest Charge applied? Interest Charges accrue frog: bse date of the balances with higher APRs. We apply ony cart of yournayreent exceeding yeer Minimum bransartion of the first day of the Bing Cytle. Interest Charges ance of every unpaid = Payment to the balance with the Aghest AP, and then te bulances with lower APRs, amount url d is paid in {08. This means you may owe Interest Charges even if you pay -_Billfing Rights Summary iDces rol Ampiy to Smoit Business Accounts} the entire New Balance tor one Biting Cycle, but did not do 30 the previous Bing Cycle. What To Do If You Think You Find A Mistake On Your Statement * If you shirk there Ungasd interest Caarges are added to the comesponding segment of your accourt, is sn error on your statement, write to us at Do you assess a Minimum Interest Charge? We may assess a minimum Interest Capetal One P.C) Box 30285 Salt Lave City, UT €4430-0288, Charge of $0.00 for each Biling Cycle if your acecun! 's subject te an Interest Charge. in you lates, give us the folowing iefcenation’ How do you Calculate the Inferest Charge? We use a method cated Average Daily Baianoe finciuging new wansactions). © Account information: Your name and acount aunber 3, First, for each segment we. take the beginning halance each day and add in new - » Doller amount: The dollar amount al the susnected error. fransactlons and the pefiedip interest Chanye on the previous day's balance, Then wa « Description of Progleas: Hf yas think there is an error on your bil, describe what you Subiact any payments and credils for teat segment as of that day The resuit is the baliave is wrong ord why you believe it is a mustaxe, You must contact US witue 50 daily dalance for each seqment. Hawever, # your previous staiemenl balance was zero days ster the error appesred on your statement. You must notify us cf any petentol of 3 creda amount. naw Zassactoes which post to your purchase segment are rot errors in writing. You stay call us ar nowy us electrancally. but if you do we are not added to the daily balance. renwred to investigate any polentis! errars and you may have to pay the amount in 2. Next, for each segmast, we add the daily balances together and divide the sum by tha question We will notify you in whiting within 39 days of our receipl of your letter. While pumber of days in the Billing Cycle. Tae cesult is the Average Daily Salacce foreach we cnivesgate whether of not there has been en enter, the folloeng ara ie: segment « We caunnat fry to collent tre amount in question. Gt mped you as delnquent on tha! 3.At the end of each Bitirg Cycla. wa madliply your Average Delly Balance for each = amount Tre charge in guiestion may remain an your stalamani, and we may contice tp segment by the dally petindic rate {APR divided by 385) for that segnent. and then we charge you Interest na that amount. But, d we determine that we made ¢ piistake, you seuitply the result by the cumber of days in the Billing Cycle. We add the inferest wali not nave to pay the amouscl in Questor or any interest of other fees rwiglad to that Charges for alf segments together. The result is pour total interest Charge forthe Bling == amount. Cyee. « Whie you do not Rave to pay the amount In question: untl we send you a nolice about The Average Cally Balance is relented to a3 the Balance Subject to Interest Rete in he the outcome o! our investigation. you are responsible fer the ramainder of ycur balance, interes Cnarge Calculation section of this Statement. © Me can apply any unpaid amount agoinst your credit lsat. Wahin 9D dave of cur ROTE: Due fe rounding o a minimum Inierest Charge, this calculation may vary sfgnly receipt of your letter, wa wil send you a written retice explaining ether that we from the interest Charge actually assessed, conectes the error (ts appear on your next stalemenl) or the masons we peheve the bt How can my Variable APR change? Your APRs may increase or dectrass besed on ore is wortent. of the following ndices (reported in The Wail Streaf Joumat }. The letter coda telow Your Rights If You Are Dissatisfied With Your Purchase: if you ore dissatisfed with cOnesponds with the letter neal to your APRs in tha interest Charge Calculation section ef the goods or services that ycu liave purchased wilh your credit cand, aad you Rave vied this statement. in gpes feith to correct the problem with the merchanl, you may have tne Aghi nct to pay Code next te | How do wo calculate your When your APR{s} will change fhe remaining amount dee on the purchase. Fe use this ght, the fodowing mast your APR(3) | APRs)? Index + margin crmraaestecarennneaannecnnntienmmnun, BR BUC: Pp i Prime Rate + margin The frst day of the Billing Cycles that: 1) You must have usad your sre card fer the purchase. Purchases made with cash & : month LIBOR + margin end in Jan., April, daly, end Oct. advances from an ATM or with a check that accesses your oredil card acoount de net pene eare maen bay gt day fon Bin pee | quailty and e . Prine ate : pecan . The first day af each Bling Cycle. 2 Yours oot ye nace fully paid for the pu ase steht i i # nile Sve are mel ant you are SSsuel vay B parchase, comact How. can Avoid Membership Fees? a a Renewal Notice 8 panied on is Statement. wit wang t apt One PO, Box 285. San he Oty, Ue 4 pans while i Youu may avoid fgg oh anual member oe hy coaceg Guatoer Service ne ae invesbyate, the same roles apply lo the discuted amount a3 discussed above. Aller we that ae Onee your account Yo ovid oa ce monty nen ershi Fee. dh ‘ ~” fish nur investigation. we will [ell you our desision At that point, f we think you Que an . - ee o paying @ monty membership Fee, Close YOU acunt and you de nat pay we may recurt you as delinguact account and we will slop assessing your menthly membership Fee. ECQ8 How. can. Close My Agcount? ‘You cas contact Customer Servine anytime fo request a sete conits! One, Capital One is a tederally ragistered service mark Has thal we ziese yout account, : Ch angi ing Ma iling Address? Hee Lake Payments? You moy make your payment in several ways: ean ip oi ence Fry alpina a sein Latins . . Inne Banking by Jeqging inte your atecunt: ae ed change yout adusass by sigzing inte your gecount onfita or calling Customer Z Capital One Mabie Barking xe for anproved elsclronic devivas: 3. Calling Ihe telaghone number isted on the front of fxs statement and pmviding ihe sented payment information; at 4, Sending malt cayrmects to dea address ort the ford of thes slatament with the . > Pay online at wew.capitalone.com payment Cougon of your acpaunt infornaton *P asi ; When will vou Credit My Payment? s Pay using our mobile app » Fer monde, Grivie or over the phone. as of tne Ousnass day we spoarve ih a3 long i ag tis made by €9.m ET eon ere” Fer mall, as of the business day we recewe it, as feng a3 Hs received by 5 pe tonal fine at our grceeswng center. You must send the bottarn portica of thig statement and your check in the paymert address cn the fant of this sateen’ Please aio al ‘east seven {7} business days foe mall delivery, Mailed gayments eaceived by us al any omer iocatins or payments itt any cther forn may nol be credited as af the day we receive hem / Any vaitten requests on this form vill not be honored To manage your sccount, please refer to your dil:ng staiement for customer service options, i Laeesemmnenirmnmanannnameninninnaameetnninnnieiirti teh titnnnNRaNttnAsRi tARtnttiietNttthiinRNN Ktintiriantirhi:tnnmnn in nantes immntertensenntih GL_0702G 20-222030 a 7 Page 2 of 3 Capital _ Visa Signature Account Ending in 5409 ig? ah} i Mar. 27. 2019. Agr. 26, 2619} 31 days in Billing Cycle Ree ee ene nee Ce - ee ee ee ee ee eee eee GOP f Peon oe COs a EE 4 © Weil eee Wesec detailed transactions 9 Eo ; BOS eS SUC SER ee Bees i CC. af, Hf ‘ll 2 i | DINH D DG #5409: Payments, Credits and Adjustments 7 eapol «al Ae i Date Bescsiption Amount i i : | DINH 0 00 45409: Transactions i : Date Bescription Amount | De eS : Date Bescription Amount : Tatal Fees for This Periad 30.08 ae ee ee ad - | See interest Charged acai aR {SS PG a the ERG SEE, al | Interest Charge on Purchases $50.97 | 1 avonestitinnssinamderntaanwinnantannitremmrinsssiadinnammnmnnmeuemnnmnmninnienitintincremwne | { Inferest Charge on Cash Advances $144.33 | i interest Charge on Other Gatances $O.08 1 Total interest tor This Period $195.15 ieee Seen EE REE ene Gta, 9 Ta come eee Totals Yearte-Date os TSAR EOE SUERERIULS Eg | Total Fees charged $0.00 | i ! | Total Interest charged $738.58 | Lamnateniinnennennwn ternal ati tattnt An ccimmirnemahatlaentneeysntntamerencrnewewsnesanth Bee se e | Your Annual Percentage Rate jAPR) is the annual anterest rate on your acconat. : Type at Annual Percentage Balance Subject Interest Charge i Batance Rate(APR} to Interest Rate | Purchases 25.24% P $2.377,85 $50.97 | Cash Advarices 23.24% P $6,725.68 Sh4418 : PLLO.F = Variable Rate. See reverse of rage 1 for detars, aa x CHAGRIN 244 Se CER BOD
