DeclarationCal. Super. - 6th Dist.April 26, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/23/2021 7:16 AM Reviewed By: A. Villanueva Case #21CV380957 Envelope: 7112639 21CV380957 Santa Clara - Civil A. Villanueva \OOOQON 10 11 12 13' 14 15 16 17 18 19‘ 20 21 22 23 24 25 26 27 28 » Adam Brumage, SBN 283180 / ' L 7 V Maria Bradish, SBN 288384 / m Ta” / SEN K V L Don Phan-Huy, SBN 309853 Ryota Isozaki, SBN 321040 Derrick Uhri, SBN 321 161 Matthew W. Keim, SBN 33 1 020 Eric Marquez, SBN 33 1023 Karlie D. Schafer, SBN 33 1 884 Lisette Jade Misty Baptiste, SBN 334036 Fabiola Rivera, SBN 334563 The Moore Law Group, APC 3710 S. Susan St, Suite 210, Santa Ana, CA 92704 P.O. Box 25145, Santa Ana, CA 92799-5145 Telephone: (800) 506-2652 Attorneys for Plaintiff, JPMorgan Chase Bank, NA. SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SWERIOR COURT, LIMITED JURISDICTION IPMorgan Chase Bank, N.A., CASE NO. 21CV380.957 Plaintiff, DECLARATION RE NON-ACTIVE MILITARY STATUS vs. ALAN FONG; Defendant(s). The undersigned declares as follows: - 1. I am an attorney licensed to practice law in the state of California and am an associate attorney of the Moore Law Group, APC, counsel for Plaintiff in this matter. The facts contained in this declaration are based upon my review 0fthe books and records of the Moore Law Group, APC maintained in connection with this case. 2. Our office made inquiries and other efforts to determine whether Defendant is entitled t0 the _ protection of the Service members Civil Relief Act. Based 0n thé response received from the United States Department 0f Defense Manpower Data Center, the Defendant is not on “fictive duty” status, as such term is used in the Service members Civil Relief Act. A copy ofthe Report of the Department of Defense Manpower Data Center is attached hereto as Exhibit 1. /// 10' 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 Dated: I declare under penalfy of perjury under the laws of the State of California that the foregoing is true and correct. AUG 2 U 202% . The Mo'ore Law Group, APC. By: r7 / Adam Brumage__ Maria Bradish_ Don Phan-Huy__ Ryota Isozaki_ Derrick Uhri_' Matthew W. Keim__ Efic Marquez Karlie D. ‘Schafer_ Lisette Jade Misty Baptiste_ " Fabiola Rivera- Attorneys for'Plaintifi 7-091 Tr?! m / EXHIBIT 1 Department of Defense Manpower Data Center Res"'“$°“‘“9‘m°2‘ 10:34:43” SCRA 5.9 . Stams Report ' Pursuant m Servicemmbers Civil RcliefAct SSN: Birth Date: Last Name: FONG First Name: ALAN M iddle Name: Status As Of: Aug-20-2021 Certificate ID: L9T9503B035K1 1Z r On Active Duty 0n Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Dale Left Active Duty VWthin 367 Days of Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA NA No NA This response reflecs where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Uhit Was Notified of a Future CaII-Up to Active Duty on Active Duty Status Date Order Notificatjdn Stan Date Order Notificallon End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her uni! has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. .3! Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside. CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. lf you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1 ). Prior to 201 0 only some of the active duty periods less than 30 consecutive days in length were available. ln the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 1O USC § 101(d)(1 ). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous cenificate to be provided.
