Declaration CCP 1033Cal. Super. - 6th Dist.March 24, 2021Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Anthony DiPiero ¹268246 7017 Realm Dr. San Jose CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA SUPERIOR COURT DISTRICT - UNLIMITED CIVIL 12 vs. 13 DANIEL J DATTA, 10 Portfolio Recovery Associates, LLC, Plaintiff, Case No. 21CV381112 DECLARATION OF COUNSEL RE: 1. INTEREST 2. COSTS (CCP 5 1033) 3. ATTORNEY FEES IA et~& 0 g 4 r o 14 15 z" 16 0 17 18 19 20 Defendant(s). I, the undersigned declare l. I am an attorney at law duly licensed to practice before all courts in the state of California and I am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly authorized custodian of the business books and records of Hunt and Henriques, Plaintiffs counsel as they pertain to the captioned matter. 21 2. If called to testify as a witness, I could and would competently testify as to all the facts stated in 22 23 24 this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be true. INTEREST 25 3. Plaintiff did not request pre-judgment interest in its complaint. 26 COSTS 27 4. Plaintiff cannot utilize Small Claims Court due to the volume of delinquent credit accounts that 28 Plainnff pursues and the fact that judgments in Small Claims Court require a court appearance. Page 1 Declaration Regarding Interest Costs and Attorney Fees DJ I ~ DJ DR ICAF NI ~ LAB 1446720.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/27/2021 8:28 AM Reviewed By: D Harris Case #21CV381112 Envelope: 7544963 21CV381112 Santa Clara - Civil D Harris In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees. Actions to recover the delinquent credit account balance are filed in the jurisdiction where the Defendant resides. Plaintiff's employees would need to travel throughout the state which would cause them to be out of the office on a regular basis and therefore unable to perform other job duties. CCP 5 116.540(b) states that a corporation may appear only through an employee who is employed for purposes other than solely representing the corporation in Small Claims Court. Therefore, proceeding in Small Claims Court is not practical. 8 5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiff's counsel R0otu & g Dzxc 4 c U 10 12 13 14 15 g CO 17 sent a letter to Defendant informing Defendant of Plaintiff's intent to initiate legal action against Defendant and that legal action could result in a judgment against the Defendant which could include costs to the extent permitted by law. The letter sent to Defendant was a form letter. The only specific account information in the letter was the Defendant's name, address, redacted account number and account balance. A true and correct copy of this letter has been printed and is attached as Exhibit A. ATTORNEY FEES 6. Plaintiff, through its counsel, hereby waives attorney fees. I declare under penalty of perjury under the laws of the State of California that the foregoing is 18 true and correct. Executed on October 25, 2021 in San Josd, California 19 20 21 22 thony DiPiero IJ268246 Hunt k Henriques Attorneys for Plaintiff 23 24 25 26 27 28 Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ 1 i DJ DR ICAF NI i LAB 1446720.001 DONALD SHERRILL DANIEL J DATTA 6590 FELTER RD SAN JOSE CA 95132 HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 February 10, 2021 TELEPHONE 800-680-2426 FACSIMILE 408-362-2299 TTY 800-735-2922 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS Portfolio Recovery Associates, LLC Account number ending in: 5130 Balance due as of February 10, 2021: $27,946.78 Dear DANIEL J DATTA: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client Portfolio Recovery Associates, LLC. Legal action could result in a judgment against you that would include the costs and necessary disbursements which shall be limited to the actual cost of the filing fee and the actual costs of service of pl'ocess. This firm is a debt collector. Anthony DiPiero Hunt & Henriques Attorneys at Law HUNT 8, HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 RETURN SERVICE REQUESTED If( (I Ip(enjeel(j(a((jj(I(jaj(jeajj( ~ (j((aa(a((ae(je(ael/Iel DANIEL J DATTA 6590 FELTER RD SAN JOSE CA 95132-3410 6(gt(atT A DD0002KE 6-SFHUHE10 PDL6CG00201275 - 653894425 (02550 1TN 1446720.001
