Default Pending

Cal. Super. - 6th Dist.March 24, 2021

CIV-105 FAx No. (Dpfamat) 408-362-2299 PLAINTIFF/PETITIONER; Porlfolio Recovery Associates, LLC DEFENDANT/RESPONDENT: DANIEL J DATTA ATTORNEY OR PARTY WITHOUT ATTORNEY Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Anthony DiPisro ¹268246 7017 Realm Dr., San Jose CA 95119 TELEPHONE Noc 800-680-2426 E-MatLADDREss foptfonaf) infoehunthenriques.corn ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESR 191 NOrth First Street MAILING ADDRESS OITY AND zIP coDE: San Jose CA 95113 BRANGH NAME. Santa Clara Superior Court Distt'ict FOR COURT USE ONL Y CASE NUMBER: REQUEST FOR (A,pplication) QQ Entry of Default QQ Judgment 21CV381112 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, 5 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (dafe)) March 24, 2021 b. by (name)l Portfolio Recovery Associates, LLC c. DQ Enter default of defendant (names): DANIEL J DATTA d. ~X I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names)l DANIEL J DATTA (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. M Default was previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledoed ~Balan a. Demand of complaint*..........,... 8 27,946.78 $ 0.00 $ 27,946.78 b. Interest ..................... ... $ $ $ c. Costs (see page 3) ............... $ 502.00 $ 000 $ 502.00 d. Attorney fees .................. $ $ $ s. TOTALS........................ $ 28,448.78 $ 0.00 $ 28,448.78 (* Must be established by business records, sufhenf)ca)ed through a sworn dec/aration, submitted with lh)s application. (Civ. Code, H I 788.58(a)(4), 1 788.60(s).)) 3 This action is not barred by the applicable statute of limitations (Civ. Code, 5 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL of the following (Civ. Code, ljg 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 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; Form Adopted for Mandaloiy Uae Judiaal Counal of California Civ.105 inev. January \, 2020I REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) IllllllillllllllllMIIMIIIIIII Page I ot a Code of Ovil Procedure 5 555. Civil Code, I I ysa 50 www couha cagey 1446720.001 on 10/27/2021 8:28 AM Reviewed By: D Harris Envelope: 7544963 PLAINTIFF/PETITIONER: Portfolio Recovery Associates, LLC DEFENDANT/RESPONDENT: DANIEL J DATTA CASE NUM8ER: 21CV381112 Civ-105 (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 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. Documentation requirements for default judgment. ALL of the following documents are submitted with this request for default judgment (Civ. Code, 0 1788.60(a)-(c)): b. A copy of the contract or other document evidencing ths 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. c. Business record, authenticated through a sworn declaration, to establish: (I) 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 ths 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 that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser. Date: October 25, 2021 Anthony DiPiero ¹268246 ITYPE OR PRINT NAME) (I ) Default entered as requested on (dele)i (2) Default NDT entered as requested (slate reason). FOR COURT USE ONLY Clerk, by IEIGNATURE QF PLAINTIFF QR ATTQRNEY FQR PLAINTIFF) , Deputy 6. Legs! dooument assistant or unlawfu! detainer assistant (Bus. 8 Prof. code, 0 8400 et seq.). A legal doc"ment assistant or unlawful detainer assistant ~ did ~X did not for compensation give advice or assistance with this form. If declarant has received any help or advice for psy from s legal document assistant or un/awful detainer assistant, stsfsi a. Assistant's name: b Street address, city, and zip code: c. Telephone no2 d. County of registration: e. Registration no„ f. Expires on (dais)i 7. ~ Declaration under Code Civ. Proc., 0 585.5 (for entry of default under Code Civ. Proc., g 585(a)). This action a. H is lX is not on a contract or installment sale for goods or services subject to Civ. Code, 6 1801 et seq. (I)nruh Act) b. I I is DQ is not on a conditional sales contract subject to Civ. Code, 0 2981 et seq. (Ress-Levering Motor Vehicle Sales and Finance Act). c. I E is M is not on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ. Proc., 6 395(b). Civ.103 [Rev January I, 2C20) REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) Page 2 ei 3 1446720.001 CIV-105 PLAINTIFF/PETITIONER: Portfolio Recovery Associates, LLC DEFENDANT/RESPONDENT: DANIEL J DATTA CASE NUMBER: 21CV361112 (2) To (specify names snd addresses shown on the envelopes) 6590 FELTER RD SAN JOSE CA 95132 I declare under penalty of perjury under the laws of the state of california that the foregoing items in 6, 7, and 8 are true and correct. Date: October 25, 2021 8. Declaration of mailing (Code Civ. Proc., 5 587). A copy of this Request lor Entry of Default wss a, not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names)I b. ~X 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 (dele)I October 25, 2021 DANIEL J DATTA Anthony DiPiero ¹268246 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANTI 9. Declaration of nonmilitary status (required for a judgmenq. 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 (LS.C. App. 5 3911(2). Or California Military and Veterans Code sections 400 and 402(f). 10/25/2021NOT ACTIVE 10. Memorandum of coals (required if money judgment reques/ed). costs and disbursements are as follows (code civ. proc., 5 1033.5): a. Clerk's filing fees ......,............... $ 435.00 b. Process server's fees.................. $ 67.00 c. Other (specify)I .. d. e. TOTAL f. M Costs and disbursements are waived. 502.00 g. I am the attorney, agent, or 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 October 25, 2021 Anthony DiPiero ¹268246 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Crv-103 IRev January I, 2020I REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) Prree 3 a( 3 1446720.001