Default PendingCal. Super. - 6th Dist.April 26, 2021CIV-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY CHRISTINA ARNOLD, State Bar No.: 297590 / HYO JIN JULIA JUNG, State Bar No.: 316090 / MELINE GRIGORYAN, State Bar No.: 321133 / MICHAEL D. KAHN, State Bar No.: 236898 / ABRIL F. SAGLIO- RUIZ, State Bar No.: 299586 MIDLAND CREDIT MANAGEMENT, INC. 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 TELEPHONE NO.: (866) 300-8750 FAX NO. : (877) 209-4493 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): _ MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST ST MAILING ADDRESS: city AND zipcope: SAN JOSE CA 95113 BRANCH NAME: _DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. DEFENDANT/RESPONDENT: DINH DDO __ REQUEST FOR [x] Entry of Default LX] Judgment CASE NUMBER: (Application) 21CV380942 NOTICE: Plaintiff is a debt buyer and is required to use this form pursuant to the Fair Debt Buying Practices Act (C.C.P. § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): April 26, 2021 b. by (name): MIDLAND CREDIT MANAGEMENT, INC. c. Enter default of defendant (names): DINH D DO d. x I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant DINH D DO: (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. | Default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint*. $9,204.17 : $9,204.17 b. Interest tee $0.00 $0.00 c. Costs (See page 3). eee cece $328.85 $328.85 d. Attorney fees ©. TOTALS $9,533.02 $9,533.02 * Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code §§ 1788.58 (a)(4), 1788.60(a). 3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL of the following (Civ. Code, §§ 1788.58, 1788.60): (1) That the plaintiff is a debt buyer; (2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor of any subsequent purchasers of the debt; (5) The date of the default OR the date of the last payment; (6) The name and address of the charge-off creditor at the time of 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; Page 1 of 3 Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure, § 585; Judicial Council of California . : . Civil Codec, § 1788.60 CIV-105 [Rev. January 1, 2020] (Fair Debt Buying Practices Act) Www.courts.ca.gov CA_0400G File No.: 20-222030 JUD on 3/9/2022 9:47 PM Reviewed By: Y. Chavez Envelope: 8473952 CIV-105 CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. 21CV380942 DEFENDANT/RESPONDENT: DINH D DO 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt; (8) The names and addresses of all persons or 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. Accopy of the contract of other document described in Civil Code section 1788.52(b) is attached to the complaint. 5. Documentation requirements for default judgment. All of the following documents are submitted with this request for default judgment (Civ. Code, § 1788.60(a)-(c)): a. Accopy of the contract or 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 of the debt OR has the authority to assert the rights of all owners of the debt; (2) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor of any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) The name of address of the charge-off creditor at the time of 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 of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt; (6) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in suffickas anh ‘4 as Abb omshy identify each such purchaser; and Date: 20 CHRISTINA ARNOLD /| RABRIL F. SAGLIO-RUIZ HYO JIN JULIA JUNG /L_ | MELINE GRIGORYAN MICHAEL D. KAHN > (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR “ 1 Default entered as requested on (date): rorcourr 2 U 4 (date) USE ONLY ©) | 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 L ] did Xx did not for compensation give advice or assistance with this form. (if declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state): a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 7. xX] Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. [J is Xx] is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. LE] is Xx] is not on a conditional sales contract subject to Civ. Code, §2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. x is L | is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). Page 2 of 3 CIV-105 (Rev. January I, 2020] REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) CA_0400G File No.: 20-222030 JUD CIV-105 CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. 21CV380942 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. C] not mailed to the following defendants, whose addresses are unknown Co plaintiff or plaintiffs attorney (names): b. x] mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): DINH D DO FEB 25 2022 1378 MORRILL AVE SAN JOSE, CA 95132 I declare under penalty of perjury under the laws of the State of California that the foregoing items 6, 7, and 8 are true and correct. Date: FFB Ah aaa jase F. SAGLIO-RUIZ HYO JIN JULIA JUNG /L_]MELINE GRIGORYAN MICHAEL D. KAHN > TYPE OR PRINT NAME) (SIGNATURE OF DECLARAN’ 9. Declaration of nonmilitary status (required for a judgment). No defendant named in item Ic of the application is in the military servicé as the term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and Veter Ode section 400(b) and 402(f). 10. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., §1033.5) a. Clerk's filing fees. ccceteesssssneensseseeesscoceeveereoce $225.00 b. Process server's £608. csesssnsssecceenneeeescutsscsseeneeeee $65.00 c. Other (specify): Misc. Motion. eee d. Electronic Filimg Fee... ccs essssccssnseeceesssecssssseeeseeee $38.85 Ce TOTAL cece cece ceeeacnneeneeneneennenneeceennnunnneee $328.85 f. | Costs and disbursements are waived. g. Iam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare undey Ity of perjury under the laws of the State of California that the foregoing items 9 and 10 are true and correct. Date: FEB % 4 5 CHRISTINA ARNOLD / | ABRIL F. SAGLIO-RUIZ HYO JIN JULIA JUNG /{_|MELINE GRIGORYAN MICHAEL D. KAHN > d (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIV-105 [Rev. January 1, 2020] REQUEST FOR ENTRY OF DEFAULT Page 3 of 3 (Fair Debt Buying Practices Act) CA_0400G File No.: 20-222030 JUD
