Default EnteredCal. Super. - 6th Dist.April 26, 2021on 7/6/2021 12:00 AM Reviewed By: D Harris Envelope: 6779735 CIV-1 05 ATTORNEY OR PARTY \MTHOUT ATTORNEY: STATE BAR N0.: NAME:Christopher D. Mandarich SB 220693 FIRM NAME: Mandarich Law Group, LLP STREET ADDRESS: P.O. Box 109032 cm; Chicago STATE: lL ZIP CODE: 60610 TELEPHONE NO: 8772854918 FAX N0; 818.833.1250 E‘MA‘L ADDRESS: CAVALRY spv l, LLc, As ASSIGNEE 0F ATTORNEY FOR (name).‘- -_ . -_. .-. ._ __._ -_- . . ._._. . . . _ . . SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N FIRST STREET MAILING ADDRESS cm AND zngODE; SAN JOSE CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE Plaintifi/Petm'oner:CAVALRY spv I, LLc, As ASSIGNEE 0F DEPARTMENT STORES DefendanURespondent MARIA GAMBOA, an individual FOR COURT USE ONLY CASE NUMBER: REQUEST FOR (Application) Entry of Default E Judgment 21CV381061 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): 04/26/2021 b. by (name): CAVALRY SPV l, LLC, AS ASSIGNEE OF DEPARTMENT STORES NATIONAL BANK c. Enterdefaultofdefendant(names): MAR‘A GAMBOAIanindiVidua' d. x I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): MARIA GAMBOA, an individual (Testimony may be required Check with the clerk regarding whether a hearing daie is needed.) e. C] Default was previously entered on (date): 2‘ Judgment to be entered. Amount Credits acknowledged Balance a. Demand ofcomplaint" 5 2,097.91 $ 0.00 $ 2,097.91 b. Interest $ 0.00 $ 0.00 5 0-00 c. Costs (see page 3) $ 247.00 $ 0.00 $ 247-00 d. Attorney fees $ 549.48 $ 0,00 $ 549.48 e. TOTALS $ 2,894.39 $ 0.00 $ 2,894.39 (* Must be established by business records, authenticated through a sworn declaration, submitied with this applicatrbn. (Civ. Code, §§ 1788‘58(a)(4), 1788.60(a).)) This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). Requirements for the com plaint. 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-of‘f 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 or 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 fime of charge-off in sufficient form so as to reasonably ident‘rfy the charge-off creditor, and the charge-off creditor’s account number associated with the debt; Page 1 of3 Form Adopted for Mandatory Use Code of Civi! Procedure, § 585; Judicial CouncilofCalifomla REQUEST FOR ENTRY O_F DEFAULT Civil Code.§ 178860 cnwoe. mev. January 1. 2020) (Falr Debt Buying Practices Act) www nouns m.gov lllllllllllll|||||||l|IIHIIlllllllltIiIIIHIIIIVIHIIII‘|||||||||III‘ FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381061 By: suy 7/6/2021 ClV-105 Plaintiff/Pefitioneri CAVALRY SPV l, LLC, AS ASSIGNEE OF DEPARTMENT CASE NUMBER: Defendant/Respondent: MARIA GAMBOA, an individual 21CV381061 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 aH 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 ptaintiff has complied with Civil Code section 1788.52. b. A copy of the contract or other document described in Civil Code section 1788.52(b) is attached to the complaint. 5. Documentation requirements for defaultjudgment. ALL of the following documents are submitted with this request for default judgment (Civ. Code, § 1788.60(a)-(c)): a. A copy of the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788A52(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 or any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) 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; (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; and (6) The names and addresses of a|I 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. Date;June 22, 2021 OQMM Christopher D. Mandarich SB 220693 ’ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTlFF) FOR COURT (1) E Default entered as requested on (date): USE ONLY (2) E 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 C] did 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: Telephone no.1 b. Street address, city, and zip code: County of registration: Registration no.: Expires on (date): rhivgo 7. E Declaration under Code Civ. Proc., § 585.5 (for ent/y of default under Code Civ. Proc., § 585(8)). This action a. D is is not on a contract or installment sale for goods or sewices subject to Civ. Code, § 1801 et seq. (Unruh Act). b. D is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). C'V-ms [Rev January 1‘ 2020} REQUEST FOR ENTRY OF DEFAULT ”992 °‘3 (Fair Debt Buying Practices Act) x 7/6/2021 SUy ClV-105 Plaintiff/F’etitioner: CAVALRY SPv I, LLC, As ASSIGNEE 0F DEPARTM ENT CASE NUMBER: Defendant/Respondent: MARIA GAMBOA, an individual 21CV381061 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Enfiy of Defau/twas a. E not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. 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): JUN 3 0 2021 (2) To (specify names and addresses shown on the envelopes): MARIA GAMBOA 4591 BOLERO DR SAN JOSE CA 95111-2506 I declare under penalty of perjury under the laws of thé SM)‘ California that the foregoing items 6, 7, and 8 are true and correct. Date: JUN 3 0 2021 Carmen J Samfiaga ’flV ((TYPE OR PRINT NAME) SIGMA E 0F DECLARANT) 9. Declaration of nonmilitary status (required forajudgment). No defendant named in 'rtem 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S,C, App. § 391 1 (2), or California Military and Veterans Code sections 400 and 402(f). 10. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's fining fees .............................................. s 18 1 .00 b. Process server’s fees ........................................ $ 66.00 c. Other (speciW): S d. $ e. TOTAL ............................................................. $ 247,00 f. E3 Costs and disbursements are waived. g. l am the attorney, agent, 0r 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 under penalty of perjury under the laws of the State of California that the foregoing items 9 and 10 are true and correct. Date;June22,2021 COMMChristopher D. Mandarich SB 220693 > (T YPE OR PRINT NAME) (SIGNATURE OF DECLARANT) ClV-10‘3 [Rev January 1. 2020] REQUEST FOR ENTRY OF DEFAULT PageS 013 (Fair Debt Buying Practices Act)
