DeclarationCal. Super. - 6th Dist.April 23, 2021gnaw tn OKDOOMIQ 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV38107O Santa Clara - Civil D Ha Clgmdia Gayrilescu, Esq. SBN #333030 Electronicany Filed Trlstan Espmosa, Esq. SBN #312481 by Superior Court of CA,Reese Law Group C3168 LIONSHEAD AVE COUMY 0f Santa 'aras Carlsbad, CA 92010 on 6/23/2021 9:21 AM 1-(760)-842-5850 Reviewed By: D Harris 1-(760)-342-5865 Case #21 CV381 070 Envelope: 6704456 Attorneys for Plaintiff SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA Wells Fargo Bank, N.A., Case No. 21 CV38 1 070 Plaintiff, PLAINTIFF’S DECLARATION IN V‘ SUPPORT OF DEFAULT JUDGMENT PURSUANT TO CCP 585 NIKKI MONTGOMERY Defendant(s). 1, jfiflj) i ”59% , declare as follows: 1. I am a Loan Adestor of Wells Fargo Bank, NA. (“Wells Fargo”) and am authorized t0 sign this declaration on behalf 0f Wells Fargo. If called t0 testify, I would competently testify under oath as to the following: 2. I am over the age of eighteen and \as part of my job responsibilities for Wells Fargo I have personal knowledge of and am familiar with the types 0f records maintained by Wells Fargo for the purpose 0f servicing credit accounts and the procedures for creating those types of records. - 1 - NIKKI MONTGOMERY Account Number Ending In ************2760 PLAINTIFF’S DECLARATION [N SUPPORT OF DEFAULT JUDGMENT PURSUANT TO CCP 585 LGLCOEOOZ (02/2020) rris N HJC‘xUI-D-UJ 10 11. 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 3. The information in this declaration is taken from Wells Fargo’s business records. The records are: (a) made at or near'the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with persona] knowledge; and (b) kept in the course of Wells Fargo’s regularly conducted business activities. It is the regular practice 0f Wells Fargo to create and maintain such records. In connection with making this declaration, I have acquired personal knowledge 0f the matters stated herein by personally examining the business records relating to the account (the “Account”) that is the subject 0f the Complaint filed in this action. 4. The above~referenced Defendant’s(s’) Account ending with ************2760 was opened on 01/26/2003. A true and correct copy 0f the document evidencing the Account is attached hereto as Exhibit A. 5. The Defendant(s) was/were extended credit on the Account. 6. The Defendant(s) made payments 0f principal and interest on the Account up and through 05/14/2021, the last payment of which was for $200.00. Following this date, no further payments were made on the Account, and a balance of $20,152.86 remains due and owing. Attached hereto as Exhibit B is a true and correct copy 0f the statement of account which reflects the last payment. 7. Wells Fargo sent the Defendant(s) statements 0f the Account each month. The statements reflected the balance fiom the previous month, all payments and credits made since the last statement, along with any new activity since the prior statement. Additionally, the monthly statement showed the interest rate for the Account, the calculation of the interest rate on the balance, and the minimum payment which would be due and payable for that month. Attached hereto as Exhibit C is a true and correct copy 0f the last statement of account which reflects the balance due and owing 0f $20,} 52.86. 8. Wells Fargo made demand for payment. /././ /././ /././ a 2 - NIKKI MONTGOMERY Account Number Ending In *** *********2760 PLAINTIFF’S DECLARATION IN SUPPORT OF DEFAULT JUDGMENT PURSUANT T0 CCP 585 LGLCOEUO2 (02/2020) gww \DOO‘KJONU’I 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 9. Pursuant t0 the terms 0f the agreement evidencing the Account, Defendant(s) has/have agreed t0 pay court costs and reasonable attorneys’ fees which Wells Fargo incurs in enforcing the agreement. Wells Fargo has been required t0 retain an attorney in order to prosecute this action and requests an award 0f reasonable attorneys’ fees and costs. I declare under penalty 0f perjury under the laws 0f the state of California that the foregoing { is true and correct. Executed this g! day of “357%" , 20 Z/ , at West Des Moines, Iowa. PrintN’ame; “Ejyg [fig/ Title: Loan Adjuster - 3 - NIKKI MONTGOMERY Account Number Ending In ** * ****** ***2760 PLAINTIFF’S DECLARATION IN SUP?ORT OF DEFAULT JUDGMENT PURSUANT TO CCP 585 LGLCOEOOZ (02/2020) EXHIBIT 1 Page. 1 0f 8 Consumer Credit Card Customer Ag reement 8. Disclosure Statement Visa® TABLE 0F CONTENTS ¢ Your Contract With Us: §§Q¥gfl~l Using Your Account: mg” Changes To This Agreement: W Fees And Interest: mm Billing Statements And Payments: W Other lm portant information: magj- Arbitration: W Your Billing Rights: gm Active Duty Miiitary Servicemembers and Their Dependents: W3 Interpreter Certification: gm Notice To California Cardholders To our Caliiornia customers who have discussed credit catd terms and conditions with us m Spanish, Chinese. Korean. Vietnamese. or Tagatog: Read Section 34 about interpreter certification before you activate your credit card. Lea la Secclén 34 sobre certlflcacién de Intérprete antes de activar su tarjeta de crédlto. EfrifififimfiJfi-kzfimfififiai 34 aim? ffififififififij a Ham élgfi’rE-E ?QQEHPI Eoil §qk¥ 9%01! 43E} 34§% €42J~|7| HtE‘ILIEL Hay doc Phén 34 vé xéc nhan théng dich vlén tmdc khl qu? vi kich heat thé tin dung C&a minh. Basahin ang Seksyon 34 tungkol sa sertlpikasyon ng tagapagsaling-wlka bago mo i-activate ang Iyong credit card. Your Contract With Us {1} Agreement. This contract for your credit card account ("Account“) includes the Credit Card Agreement ("Agreemem"), the important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, NA. and each Account holder. You and any jo¥nt Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Annual Percentage A rate, shown as a percentage. used to caiculate interest on the batance on your Account. Rate (APR) - . The time period between biliing statements. Each biiling statement shows a statement closing date which Es theBitlmg Cycle or . . Billing Period last day of the Bililng Cycie. The transfer of a balance from another credit account to your Account. inciuding the use of a check that accesses Balance Transfer your Account. Card Any cards we issue to you or any devices we altow you to use to access credit on your Account. Use of your Card to get cash. Examples inciude using your card for Cash Advances through an ATM. bank teIEer or Web's Fargo Onfine, Overdraft Protection advances. Balance Transfers. or cash-Iike purchases such as money orders, wire transfers‘ traveler checks, foreign currency, Eoitery tickets, casino chips. off-track wagers. other wagers. vouchers redeemable for cash or simiiar items. A device, other than your Card, like SUPERCHECKST” and mobile devices, that we allow you to use to access Credit Access Device credit on your Account. Cash Advance Important Terms of Your Credit Card A summary of your Account‘s APRs. fees and oiher important information. Account New Balance The total amount you owe as of a statement closing date. The sum of at! unpaid amounts. inciuding Purchases, Cash Advances. Balance Transfers. interest. fees and any Outstanding Balance other amounts that you may owe us. The date the Minimum Payment is due. ft wEIE be at least 25 days from the statement closing date and wiEE be Payment Due Date provided on your hitting statement. Use of your Account £0 buy or iease goods or services. Cash Advances, Balance Transfers and cash-Iike Pumhase transactions are not Purchases. Tax payments and associated fees are Purchases. Credit Limit This is the amount that is avaitable for your use. we. Us, and Our Wells Fargo Bank, NA. You and Your The Account hotder(s) who opened the Account. EXHIBIT“flM- https:X/puww99a0007we]Isfargo.com:8443/disclose/DisclosureSeeret 10/22/20 l 9 Page 2 0f 8 (3) Contacting You. You agree that we have your consent to contact you at any phone number. email address, or mailing address you provide for any Weils Fargo account or at any number tha! you cal! us from or at any number that we obtain by other means. Your consent atlows us and any companies working on our behalf to service your account, to use any means to contact you including: automated dialing devices, prerecordedfartificiai voice messages, mail, ewmail, text massages, push notificalions, and calts to your celi phone. or any other data or voice transmission technology. You are reapcnsihle for any service provider charges you may incur as a result of us contacting you by any means. whether such charges are reEated to text. data. equipment or other plans. You will prompliy notify us If you change any contact information, inoiuding your name. mailing address, e-mail addresses. or phone numbers. if you have a joint Account, a notice to one 0t you wit! serve as a notice to both of you. We may use voice recognition technology to verify your identity when you call. We may capture and siore your voiceprinl for this purpose. We may monitor and record any calls between you and us. Back to tog Using Your Account {4) Using Your Account. You may use your consumer credi: card Account for Purchases, Balance Transfers. Cash Advances and any other transactions we ailow. You promise to use your Account only for lawfu! personai. family, or househoid purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambiing business. We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device. We may deciine any transaction at any time. Your credit said may not be used to make a payment on any other Wells Fargo credit account. Cash Advances from ATMS. Cash Advances from ATMs may be limited by amount or frequency. The ATM owner may have additional wstriciions. If the ATM owner charges any fee. that fee will be included as part of the :otal Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account {o cover an overdrafi on a linked Walks Fargo checking account. To cover an overdraft 0n a linked Wells Fargo checking account, we wilt advance the greater of ' the amount of your overdraft; or ' $25.00 Exnept if o the amount of availabie Gtedit on your Card is iess than the amount of the overdraft or less than $25.00, we wiil then advance {he amount of availabie credit The APR and fees that appiy to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft proteciion advances, interest and fees may cause your Account baiance lo exceed your credit limit. if there Es more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection. then: - You wiEl be responsible for all overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card purchase) that causes :he overdraft; and - You agree to altow us to disclose to any other person on your checking account, that this Card i3 Iinked to your checking account for overdraft protection. We reserve the right to cancei. suspend, or change your overdraft protection service at any time. for any reason. Credit Access Devices. SUPERCHECKS can be used to access your Account simiiar to wriiing a check on a deposit account. SUPERCHECKS checks will post a3 a Balance Transfer only when they are included with a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance. They wiii include transaction fees and interest. Some restrictions apply to SUPERCHECKS: They may not be written as payment on any Wells Fargo account. They may be used only by the person whose name is printed on the check. They must be wrifien in U.S. doliais. They cannot be certified‘ You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS check. We reserve the right {o put conditions on the use of SUPERCHECKS checks and to reject, decilne and return unpaid any SUPERCHECKS check or advance at ou: discretion. cu..- Third PartyIMoblle Devices. You or an authorized user may be permitted to Ioad your credit card to an app on a smart phone. tablet or other electronic device, such as. through a mobiie wallet which could be used for purchases or other transaciions without presenting the card. Any such Transactions are covered by this Agreement. We have no contra! over the device and cannot guarantee {he performance of the device. Additionalty: ' You should protect the security of the device the same as your credit card or other valuable information. o There may be third party fees related lo {he transaction such as mobite carrier data or messaging charges. t We may. at any time. partiatly or fuliy restrict your abiuty to make credit transactions through a third partyimobile device. You agree to notify us promptly If you remove or want to remove your Account information from any third partwmobile device. (5} Authorized Users. If you wish to have an additional Card Issued in another person's name, please contact us and we wlil send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payment ofthe entire amount owed to us, including any Purchases. Balance Transfers or Cash Advances (and all related imerest and fees) made by the authorized person. Ending Authorized User Prlvileges. If you want lo end an auihnrized user's privilege to use your Account, you must: o Recover and desiroy that person's Card. If you do not, you w£ll continue to be liable for any charges made. even if you‘ve advised us of your wish to cancel the priviteges. untess you tell us to cancel all Cards and establish a new Account for you. - You must notify us of your request by contacting us at the number on the back of your Card or by mail at Weils Fargo Bank, NA, P.O. Box 1034?, Des Moines, 1A 50306. En generai, an authorized person Is no; obligated on this Account and is not liable for any Outstanding Balance or any other charges made by you or by any other authorized person. En the event of the death of alt fully liable cardholders, authorized users' privilege ends automatically. After that. if any person uses the Card, such use ¥ndicates his or her agreement to pay us. and we may. a: our discretion, pursue the person for payment of any Outstanding Baiance or any other charges [hey authorize. https://puvrw99a0007.wellsfargo.com:8443/diso]ose/DisclosureServlet 10/22/20 l 9 'Page 3 0f8 You agree to notify each authorized person that they are subject to alt applicable sections of this Agreement. Information about Authorized Users. You agree to give us certain pemonal information about each authorized user. You must have permission from each authorized user allowing you to give us that persona] information This may Include name. address, sociai security number, date of birth and citizenship. (6} Lost or Stolen Cards and Liability for Unauthorized Use, and Zero Liability Protectlon. You must nofify us Immediatefy if your Card or account Information is lost or stolen. or if you beiieve ii's being used withoulyour permission. You may contact us by phone at 800-642-4720QQ‘; or in writing at Walks Fargo Card Services, PO Box 10347. Des Moines, 1A 50306. You agree to assis: us In our Invesfigation of the matter. If you do this and we find you not responsible, you wiil not be hetd liabie for the unauthorized use of your'Account. (7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay {he total amount of the Purchases, Cash Advances, and Baiance Transfers, plus ail interest, fees and other amounts that you may owe us. We may limit or close your Account, but the terms of this Agreement wiil apply until you pay the Account in‘ run. ' (8) Credit Limit. We may assign the foilowing limits to your Account: Cash Advance Limit. We may restrict the amount of your credit limit that can be used for Cash Advances. Your total credit limit witl be provided with your Credit Card and shOWS on each of your bilting statements. You promise to use your Account only to the Eimfis. if you exceed your iota! credit limit, we may allow the transaction without Increasing your total credit limit or deny the transaction. If we allow the transaction, we may ireat that over limit amount as due with the minimum payment on your next statement. 1f you exceed the Eimits, you will stilt remain Etable for all credit you receive. We can adjust your credit limit at any time, inctuding auiomaiic credit line increases for those who qualify. {9} Authorizations. We don't guarantee approval of transactions. We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambting. or any indication of increased risk retated to the transaction. if you engage in abuse, misuse or gaming in connection with earning or using points or attempt to do so, we may ctose or restrict your WeIEs Fargo credit card{s). Abuse. misuse or gaming includes, but is not iimiled to. making multiple purchases and multipfe payments during a biiiing cycle whereby the dollar amount for each purchase in the aggregate substantlaily exceeds your credit limit. We aiso may limit the number of authorizations we ailow during a period of time. Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations} may result in temporary authoflzations for amounts greater than the actual Purchase amount. This wiil make less credit available on your Account for severai days. usualiy untii the date the actual Purchase amount Is received from the merchant. if you give your credit card information to a merchant to biil your account for recurring payments. or to keep it on file for future purchases or payments. and your card number. expiration date, 0t security code changes, you should notify the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchants that padicipaie in such services will receive updated card information from the network {or credit cards that you have provided to the merchant for recurring or future purchases or paymenis. We cannot tell you which merchant will receive updated card information when your card Information changes. You should always provide each merchant with your new caid information because some merchants do not subscribe to such neMork services. Back to tog Changes To This Agreement {10} Change in Terms. We may change this Agreement at any time. These changes may apply to existing and fuiure batances. We will give you advance written notice of the changes and a right to reject the changes if required by law. We may require you to cioae your Account or 1a|
