DeclarationCal. Super. - 6th Dist.April 29, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/12/2021 7:31 AM Reviewed By: A. Nakamoto Case #21CV381060 Envelope: 7440778 21CV381060 Santa Clara - Civil A. Nakamoto L KOOOQQU‘I 10 11 12 13 14 15 16 17 18 19 20 21‘ 22 23 24 25 26 27 28 . . Adam Brumage, SBN 283 180 Don Phan-Huy, SBN 309853 Ryota Istaki, SBN 321040 Derrick Uhri, SBN 321 161 - Matthew W. Keim, SBN 33 1 020 Eric Marquez, SBN 33 1 023 Karlie D. Schafer, SBN 331884 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, Discover Bank SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT, LIMITED JURISDICTION Discover Bank, CASE NO. 2 1CV3 8 1 060 Plaintiff, DECLARATION RE NON-ACTIVE MILITARY STATUS vs. Breanna Martinez, Defendant(s). The undersigned declares as follows: 1. I_ am an attorney licensed t0 practice law 1n the state of California and am an associate attorney ofthe Moore Law Group, APC, counsel for Plaintiff 1n this matter. The facts contained 1n this declaration are based upon my review of the 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 whetherDefendant is entitled to the protection of the Sérvice members Civil ReliefAct. Based on the response received frbm the United States Department 0f Defense Manpower Data Center, the Defendant ls not on “active duty” status, as such term is used 1n the Service members Civil Relief Act. A copy of the Report of the Department of Defense Manpower Data Center ls attached hereto as Exhibit 1. /// 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 - 24 25 26 . 27 28 I declare under penalty of perjurytmder the laws of the State of California that the foregoing -is true and correct. Dated: OCT 0 8‘ 2021 The Moore Law Group, APC. By: . Adam mage Maria Bradish Don Phan-Huy_ Ryot sozaki_-Derrick Uhri_fiatthew W. Keim__ Eric Marquez___Karlie D. Schaf'er___ Lisette Jade Misty Baptiste Fabiola Rivera__/ Attomefir Plaintiff ' ' EXHIBIT 1 SSN: Birth Date: - CmMigf Am.P1315233? inn: Scrvicgmem ' u s / SCRA 5.9 Last Name: MARTINEZ First Name: BREANNA Middle Name: Status As Of: Oct-O7-2021 Certificate ID: RKJKV225YLCM2WP . ' "O'n=ActivegDuty Oh Actuve'Duty’Siatus Date, 3 .. ‘ Aanvgnm'ysaa Date; , , 'H z " ' H ggtivepu' gn‘a'pate» f; " ' ' ;. 5.31;}; Seymore‘campgngnw j. _ " NA ' No): j NA This response reflécié I I . V Len Aciive-Duty wnhiri 3'52 bays otsActweDuty‘smus Date 7 Vi Active Duty Start Date" _> f H ‘Active-Dutvafid Date ‘ ' V _ i Z‘Staius ' VServ‘ice'Compon'entZ‘ NA ”Er. ?NA _, «W r", ‘ ,1: ’” No t I NA This response reflects where tfjezindividual lefl active dutystatdsiwithinasw days precedingtthe Activ'efQuty Status Date __ r r V _ Thé-Memper qr‘Hi's/Her unitwag-Nétitieg oné Futgreb‘anrppfio Active Duty-gn3Acuve Dutyvsigéghs Date' r _ _ 4 r VzofderNotificationSIart Date ' 'Order. Notification End‘Date ' ' 'Sta‘tus ' 5,:8erviceComponenf ' NA N537“? _ “3 1 fl NA This response reflects whether the~ihd§yidual lo}.higher:uniphasmeceiv'edééfl noiiflcation to report for active duty Upon searching the data banks of the Department of Defense Manpowernba a e é”r‘,,b sed 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. Michael V. Sorrento, Director _ Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 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. ln 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 (035) via this URL: https://scra.dmdc.osd.rhil/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 1O USC § 101 (d) (1). Prior to 201 O 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(1) for purposes of responding to a national emergency deciared by the President and supported by Federal funds. All Active Guard Reserve (AGFl) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TAHs), 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 bf 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 wepéite 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 ar'e urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected ' r WARNING: This certificate was provided based on a last name, _SSN/date of binh, and active duw status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
