Declaration

Cal. Super. - 6th Dist.April 26, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/6/2021 12:00 AM Reviewed By: D Harris Case #21CV381061 Envelope: 6779735 21CV381061 Santa Clara - Civil D Harris 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ajay Sood SB325294 Mandarich Law Group, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintiff Cavalry SPVI, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CAVALRY SPV I, LLC, AS ASSIGNEE OF ) DEPARTMENT STORES NATIONAL ) Case No. 21cv381061 BANK, ) ) DECLARATION IN SUPPORT OF Plaintiff, ) CALCULATION OF ACCRUED ) INTEREST AND ATTORNEYS FEES vs. ) ) MARIA GAMBOA, ) Defendant. I declare as follows: 1. I am an attorney at law duly licensed t0 practice before all courts in the State of California, and before this honorable Court. I am the attorney for the law firm Mandarich Law Group, LLP, attorneys of record for Plaintiff, Cavalry SPV I, LLC. I have personal knowledge of the facts set forth therein and if called to testify, I could and would d0 so competently undefi oath. By its complaint, Plaintiff seeks t0 recover Plaintiff seeks interest on that amount calculated as follows: $0.00 Plaintiff seeks attorney’s fees according to Civil Code 1717.5 in the amount 0f $549.48. CC 1717.5(a) provides the following: 9‘95”!" in any action 0n a contract based on a book account, as defined in Section 337a 0fthe Code of Civil Procedure, entered into 0n 0r after January 1, 1987, which does not provide for attorney's fees and costs, as provided in Section 1717, the party who is determined t0 be the party prevailing on the contract shall be entitled to reasonable attorney's fees, as provided below, in addition to other costs. The prevailing party 0n the contract shall be the party who recovered a greater relief in the action 0n the contract. The court may determine that there is no party prevailing on the contract for purposes of this section. Reasonable attorney‘s fees awarded pursuant t0 this section for the prevailing party bringing the action on the book account shall be fixed by the court in an amount that shall DECLARATION IN SUPPORT OF CALCULATION OF ACCRUED INTEREST AND ATTORNEYS FEES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not exceed the lesser 0f: (l) nine hundred sixty dollars ($960) for book accounts based upon an obligation owing by a natural person for goods, moneys, 0r services which were primarily for personal, family, or household purposes; and one thousand two hundred dollars ($1,200) for all other book accounts to which this section applies; or (2) 25 percent 0f the principal obligation owing under the contract. 6. Here, the demand 0f the complaint is and the attorney's fees, $549.48 which is based 0n the above calculation, is the lesser of $960 or 25 percent of the principal obligation (0r otherwise the demand of the complaint). I declare under penalty 0f perjury that the forgoing is true and correct under the laws of the State 0f California. Executed at Chicago, Illinois on June 22, 202 1. Mandarich Law Group, LLP 0WM [X] Christopher D. Mandarich Attorneysfor Plaz’ntijj’ DECLARATION IN SUPPORT OF CALCULATION OF ACCRUED INTEREST AND ATTORNEYS FEES