Declaration

Cal. Super. - 6th Dist.April 28, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/26/2021 2:09 PM Reviewed By: A. Villanueva Case #21CV381114 Envelope: 7146551 21CV381114 Santa Clara - Civil A. Villanueva 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ajay Sood SB325294 Mandarich Law Group, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877.285.4918 Facsimile: 8 1 8.888.1260 Attorneysfor Plaintiff, UHG ILLC SUPERIOR COURT OF CALIFORNIA COUNTY 01F SANTA CLARA UHG I LLC, ) . . ) CaseN0.21CV381114 Plamtlff, ) ) DECLARATION IN SUPPORT OF vs. ) CALCULATION OF ACCRUED ) INTEREST AND ATTORNEYS FEES Nicolle Marshall, ) Defendant. ) ) I declare as follows: 1. I am an attomey at law duly licensed t0 practice before all courts in the State of California, and before this honorable Court. I am the attorney for the law firm Mandarich Law Group, LLP, attorneys 0f record for Plaintiff, UHG ILLC. I have personal knowledge ofthe facts set forth therein and if called to testify, I could and would do so competently under oath. By its complaint, Plaintiff seeks to recover Plaintiff seeks interest on that amount calculated as follows: $0.00 Plaintiff seeks attorney’s fees according to Civil Code 171 7.5 in the amount 0f$1,102.82. CC 1717.5(a) provides the following: in any action on a contract based 0n a book account, as defined in Section 337a 0fthe Code 9:5?!” 0f Civil Procedure, entered into on 0r after Janualy 1, 1987, Which does not provide for attorney's fees and costs, as provided in Section 1717, the palty who is detelmjned to be the party prevailing on the contract shall be entitled t0 reasonable attorney's fees, as provided below, in addition t0 other costs. The prevailing party on the contract shall be the party who recovered a greater relief in the action 0n the contract. The court may determine that there is n0 party prevailing on the contract for pulposes 0f this section. Reasonable attorney‘s fees awarded pursuant t0 this section for the prevailing patty bringing the action 0n the book account shall be fixed by the coufl in an amount that shall not exceed the lesser of: (1) nine hundred sixty dollars ($960) for book accounts based DECLARATION IN SUPPORT 01F CALCULATION 0F ACCRUED INTEREST AND ATTORNEYS FEES 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 upon an obligation owing by a natural person for goods, moneys, 0r services which were primarily for personal, family, 0r household purposes; and one thousand two hundred dollars ($1 ,200) for all other book accounts t0 which this section applies; or (2) 25 percent 0f the principal obligation owing under the contract. 6. Here, the demand 0f. the complaint is and the attorney's fees, $1,102.82 Which is based 0n the above calculation, is the lesser 0f $960 0r 25 percent 0f the principal obligation (01 otherwise the demand 0f the complaint). Ideclare under penalty 0f perjury that the forgoing is true and correct under the laws 0f the State 0f California. Executed at Chicago, Illinois 0n August 18, 2021. Mandarich Law Group, LLP QQMM [X] Christopher D. Mandarich Attorneysfor Plainrzfl DECLARATION IN SUPPORT 0F CALCULATION OF ACCRUED INTEREST AND ATTORNEYS FEES