Declaration CCP 1033

Cal. Super. - 6th Dist.April 27, 2021

21CV380969 Santa Clara - Civil MC-030 A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number: and address): Benjamin Mettias, S.E.N. 336007 File No. 21-08240-0 NELSON & KENNARD 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 P.O. Box 13807, Sacramento, CA 95853 TELEPHONENO.: (916) 920-2295 FAXNO.(0prionaU: (916) 920-6082 E-MAIL ADDRESS (Optional).- ATTORNEY FOR (Name): BANK OF AMERI CA, N . A . SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAmmGADmEsal9l N. First Street CITYANDZIPCODE:San Jose, CA 95113 BRANCHNAMELIMITED CIVIL CASE PUMNWFHPEHNONER:BANK OF AMERICA, N.A. DEFENDANURESPONDENTLAVERI PAVESE, et al. FOR COURT USE ONLY A- Vlllan Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/26/2021 8:47 PM Reviewed By: A. Villanueva Case #21 CV380969 Envelope: 7543499 ueva DECLARAHON CASE NUMBER: 21CV380969 DECLARATION RE: > RESEARCH To DETERMINE MILITARY STATUS 0F DEFENDANT(S); > NOTICE PURSUANT To C.C.P. § 1033(b) (2). I, Benjamin Mettias, hereby declare: I am an attorney at law duly licensed to practice before all courts of the State of California and am the attorney for Plaintiff herein. As to each of the matters set forth herein, I testify of my own personal knowledge except as to those matters of which I testify as custodian of records. If called to testify, I would competently affirm the content herein. (DECLARATION CONTINUED ON NEXT PAGE) | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: October l8, 2021 DECLARATION CONTINUED ON NEXT PAGE DECLARATION CONTINUED ON NEXT PAGE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Attorney for Plaintiff D Petitioner D Defendant D Respondent D Other (Specify): Form Approved for Optionai Use DECLARATION Page 1 of 1Judicial Council of California MC-OSO [Rem January 1, 2006] MC-031 _ PLAINTIFF/PETITIONER: BANK OF AMERICA, N .A. CASE NUMBER: DEFENDANTIRESPONDENT: AVERI PAVESE , et al . 2 lCV3 8 O 9 6 9 DECLARATION (This form must be attached to another form or court paper before it can be filed in court.) RESEARCH T0 DETERMINE MILITARY STATUS OF DEFENDANT(S) At or about the time Plaintiff served its Request for Entry of Default and Judgment by Default, my office consulted the Department of Defense Manpower Data Center website. Based upon the information provided by the website, to Plaintiff’s counsel’s knowledge, no Defendant named in the Request for Entry of Default and Judgment by Default is an active member of the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. §390l et seq.) as of the date the Request for Entry of Default and Judgment by Default were served. A true and accurate copy of the Servicemembers Civil Relief Act search result is attached hereto , marked Exhibit 1 and incorporated herein by reference. NOTICE PURSUANT To c.c.P. §1033(b) (2) Prior to the commencement of this action, my office informed the Defendant, in writing, that if an action were commenced, a judgment may be entered that could include an award of costs, where allowed by law. A true and accurate copy of that notice is attached hereto as Exhibit 2. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:October l8, 2021 Benjamin Mettias g ;:é: (TYPE OR PRINT NAME) (SIGNATURE 0F DECLARANT) E Attorney for E Plaintiff D Petitioner D Defendant El Respondent D Other(8pecifl/): Fimféiifi'ézfifiifiLEEE‘lifiLfise ATTACHED DECLARATION MC-031 [Rev. July 1, 2005] Page 1 0H EXHIBIT 1 Department of Defense Manpower Data Center SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: Status Report ’ Pursuant tn Senfictmcmbers Civil RtliefAct PAVESE AVERI Oct-1 8-2021 9V68TP1 6VKZZF01 Results as of: Oct-18-2021 10:17:33 AM SCRA 5.10 On Active Duty On 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 Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale Stains Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Star! Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit 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 ofthe 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. 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. If 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 2010 only some of the active duty periods less than 30 consecutive days in length were available. In 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 10 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 certificate to be provided. EXHIBIT 2 DONALD G. NELSON Licensed in CA NELSON & KENNARD 5011 Dfdll‘eIglali‘gf‘BlelgA, 220E, 1335153ROBERT SCOTT KENNARD Licensed In CA, WA, and DC McClellan, CA 95652 5313333513 iiiiflifi-EEQWR Attorneys at Law Wmmmsm flfifi‘gfifigmm’“ 52:23:33; Sacramento, CA 95853 m““3 (916) 920-2295 m-W miiifsvmfim iizzzzzmfim T011 Free: (866) 920-2295 Albgygqggggggg Wfflkfi‘gm 5232233252 Facsimile: (9 1 6) 920-0682 Honolum Washington OSA License 602 596 113 WWW-nelson'kennard-com Ema; HOURS info@nelson-kennard.com Mon 7 Friday 8:00am 7 6:00pm (PST) April 15, 2021 AVERI PAVESE 7840 HANNA ST APT G GILROY, CA 95020-5049 Nelson & Kennard File No.: 21-08240-0 Creditor: Bank of America, N.A. Account No. XXXXXXXXXXXX8255 Current Balance: $4,060.52 Dear AVERI PAVESE: This office represents Bank of America, N.A. with respect to the above-referenced matter. Our client has authorized our firm to file suit to effect collection of the balance claimed to be due. Notwithstanding, our client would appreciate the opportunity to explore an amicable resolution of the matter without litigation. If you would like to resolve this matter on a voluntary basis, please contact our office at your earliest convenience. If legal action is commenced, judgment may be entered against you for the balance owed, together with court costs where allowed by law. If you have any questions or wish to discuss this matter, please contact an account representative at (866) 920-2295 ext. 604. This firm is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. A|| calls are recorded and may be monitored for quality assurance. Very truly yours, NELSON & KENNARD Robert Scott Kennard Attorney at Law This account is issued and administered by Bank of America, N.A., successor in interest to FIA Card Services, N.A. PLS.FRM [Rev.12/08/1 6]