Default PendingCal. Super. - 6th Dist.April 26, 2021on 10/25/2021 10:23 AM Reviewed By: D Harris Envelope: 7527801 ClV-105 ATTORNEY 0R PARTY WITHOUT ATTORNEY STATE BAR No NAME Christopher D. Mandarich SB 220693 FIRM NAME Mandarich Law Group, LLP STREET ADDRESS P.o. Box 109032 CITY Chicago STATE IL ZIP CODE 60610 TELEPHONE N0 877.285.4918 FAX N0 813.833.1250 E-MAIL ADDRESS UHG I LLC ATTORNEY FOR (name) SUPERIOR coun'r 0F CALIFORNIA. COUNTY 0F SANTA CLARA SWEET ADDRESS 191 N FIRST STREET MAILING ADDPESS cmmo upcoDE SAN JOSE CA 95113 BRANCH NAME DOWNTOWN COURTHOUSE Plaintiff/Petitioner2UHG | LLC DefendanVRespondent Octavio P Carrillo, an individual FOR COURT USE ONLY CASE NUMBER REQUEST FOR (Application) E Entry of Default E Judgment 21CV381071 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): UHG I LLC c. Enter default of defendant (names): 0‘1an P C3"“'°: an indiVidua' d. I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): Octavio P Carrillo, an individual (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. E Default was previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledggd Balance a. Demand of complaint‘ $ 4,686.10 $ 0.00 $ 4,686.10 b. Interest S 0.00 5 0.00 5 0'00 c. Costs (see page 3) $ 278.00 5 0.00 S 27800 d. Attorneyfees S 977.92 $ 0,00 $ 977.92 e. TOTALS S 5,942.02 $ 0.00 $ 5,942.02 (“ Must be established by business records, authenticated through a sworn declaration. submitted with this application (Civ. Code, §§ 1788.58(a)(4), 1788. 60(8).» 3. This acfion is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). 4. Requirements for the corn 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-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; (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 identify the charge-off creditor, and the charge-off creditor’s account number associabd with the debt; Plan of: Form Adopted tor Mandatory Use Code or CM! Procedure. § 585. mdiaal Counal ofCalIlomIa REQUEST FOR ENTRY O_F DEFAULT CNil Code.§ 1788 60 cmos [Rev January 1_ 2020] (Fair Debt Buying Practices Act) wwwoounsmqov IIWIIIIIIWI!Ifllllllllllll|H|||i|||l|||l|l|l|llllll ClV-1OS Plaintiff/Petitioner: UHG l LLC CASE NUMBER Defendant/ReSpondent: Octavio P Carrillo, an individual 210881071 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditou’s records prior to the sale of the debt; (8) The names and addresses of all 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 plaintiff 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 1788.52(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-ofi 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 all persons or entities mat purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser. Datezoaober12,2021 flM/fi/ Christopher D. Mandarich SB 220693 ’ (TYPE OR PRNT NAME) (SIGNATURE OF PLAINT|FF OR ATTORNEY FOR PLAINTlFF) FOR COURT (1) E Default entered as requested on (date): USE ONLY (2) E Default NOT entered as requested (stale 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 assistantE did E did not for compensation give advice or assistance w'rth 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: c. Telephone no.2 b. Street address, city, and zip code: d County of registation: e. Registration no.: f. Expirx on (date): 7. m Declaration under Code Civ. Proc.. § 585.5 (for entry of default under Code Civ. Proc., § 585(3)). This action a. D is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. E is m is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. m is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). ClV-106 [Rev January 1, 2020) REQUEST FOR ENTRY OF DEFAULT P".2 of: (Fair Debt Buying Practices Act) ClV-105 Plaintiff/Petitioner: UHG l LLC CASE NUMBER- Defendant/Respondent: Octavio P Carrillo, an individual 21CV381071 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Envy of Default was a. E not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs 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 (dale): (2) To (specify names and addresses shown on the envelopes): OCT 20 2021 Octavio P Carrillo 1230 SAN TOMAS AQUINO RD APT 215 I declare under penalrnzggeguf’y ?Bfir the laws of the State of California that the foregoing items 6, 7, and 8 are true and correct. 1Date: OCT 2 0 fours: '_':-’fl’:7 i (TYPE 0R PRINT NAME) (SIGNATURE 0F DECLARANT) 9. Declaration of nonmilitary status (required forajudgment). No defendant named in item 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(1) 10. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees .............................................. S 18 1 .00 b. Process server's fees ........................................ $ 97.00 c. Other (specify): $ d, $ e. TOTAL ............................................................. s 278.00 f. D Costs and disbursements are waived. l am the attorney, agent, or party who claims these costs. To me best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. ‘9 | 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;0ctober12,2021 QQMMChristopher D. Mandarich SB 220693 p (TYPE OR PRlNT NAME) (SIGNATURE 0F DECLARANT) C‘V-105 199V January 1- 202°] REQUEST FOR ENTRY OF DEFAULT "0" "3 (Fair Debt Buying Practices Act)
