Declaration CCP 585Cal. Super. - 6th Dist.April 26, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/29/2021 12:00 AM Reviewed By: A. Villanueva Case #21CV381147 Envelope: 7741442 21CV381147 Santa Clara - Civil A. Villanueva 9519 (JEANNE Dim: sum: 300 3.591360. CA 92133 mi: (s: 24+va not (353) 33mm PATENAUDE & FELIX. AFC ANDRE? S i1 L2“? 10 ll 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES 0F 900--2552 PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude, Esq. (#128855) Stephanie J. Boune, Esq. (#160182) Dean Keshavarz, Esq. (#PL-496493) Carolyn S. Elliott, Esq. (#3358?0) Kaden D. Byron, Esq. (#333158) 9619 Chesapeake Drive, Suite 300 San Diego, California 92123 Tele: (858) 244-7600 Fax: (858) 836-0318 Attorneys for Plaintiff VEROS CREDIT, LLC SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA, SANTA CLARA CIVIL DIVISION VEROS CREDIT, LLC, Case No. 21 CV38 1 147 Plam‘fi’ AFFIDAVIT IN SUPPORT 0F REQUEST v. FOR ENTRY 0F DEFAULT JUDGMENT C.C.P. 58501)]RICARDO ALDERETE, [ LIZETTE PEREZ [C.C.P. 3237(a), 2933.2(a)(9)] and DOES 1 through 15, inclusive, EVIDENCE CODE, SECTION 1553 Defendant(-s). I, J] 91W Midvmnb . state: 1. I am a custodian 0f records for Plaintiff, VEROS CREDIT, LLC, (hereinafter "PLAINTIFF" ) licensed to do business in California, and am authorized t0 make this declaration on its behalf. 2. The information contained in this affidavit is based 0n facts within my personal kilnwlexigaalldyfl business. re_c01'ds..of PLAINTIFF that are within my custody and central or Lu which I have access. Such records, copies 0f which are attached to this affidavit are kept by PLAINTIFF in the regular course 0f business. If called as a witness I would competently testify thereto. NH AFFIDAVIT IN SUPPORT 0F REQUEST FOR ENTRY OF DEFAULT JUDGMENT CAJZB Affidavit Auto Contract P&F File No. 19-94495 Client Ref # OWWIDXXXIZSSZIOIU ATIORBEYS AI LAW SANDEGO. CA 92133 '- 7‘: (858)344-7600 FA}: (3'58) 836-0318 9619 GflAPEAJE DRIVE SDTFE 300 PATENAUDE &- FELLV. APC lO ll l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 3. After a diligent search, I have been unable to obtain and do not have the original documents attached hereto as exhibits or the original Agreement. The originals were not destroyed intentionally or for the purpose of perpetrating a fraud. Rather, the originals are merely deemed to have been nfisplaced. 4. PLAINTIFF respectfully requests that this Court accept the attached copies 0f documents, which were originally imaged by PLAINTIFF into computer storage. Such copies are admissible pursuant to California Evidence, Section 1553 which specifically provides for the admissibility of duplicates to the same extent as originals unless a question is raised as to the admissibility of the original. 5. During the course of my employment with PLAINTIFF, I have become familiar with how PLAINTIFF‘S business records are prepared and maintained, and am required to rely upon and deal with the information contained in the records. I have found the information in the records to be trustworthy and reliable. 6. Defendant(s) purchased a 2009 ACURA TSX, VIN# JH4CU266X9C006410 from LOTUS AUTO SALES located at San Jose, CA. Attached hereto as Exhibit " 1 " and incorporated herein by reference is a true and correct copy of the Retail Installment Sale Contract signed by Defendant(s) which contract was assigned to VEROS CREDIT, LLC. 7. Defendant(s) defaulted on his/her/their payment obligations, and VEROS CREDIT, LLC repossessed the vehicle on November 02, 2018. Pursuant to California Civil Code section 2983.2, a Notice of Our Plan to Sell Property was sent to Defendant's last known address on November 12, 2018 by first-class mail, postage prepaid. (attached hereto as Exhibit "2" and incorporated herein by reference). //// 2 AFFIDAVIT IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT CA,ZZB Affidavit Auto Contract P&F Flle N0. 19-94495 Client Ref fl 00090010XXXI25521010 23 SANDEGO CA 921 'P‘: (858)244-7600 FAX (858) 856-0318 9619 afism Dim: SUITE 300 PATENAUDE & FELIX, APC k'I'IORNEYS i'l' LAW ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 8. The vehicle was sold to the highest bidder for $1,100.00 at private auction in a commercially reasonable manner more than fifteen (15) days after the date of the notice letter. The Bill of Sale is attached hereto as Exhibit "3" incorporated herein by reference. 9. The vehicle was sold on January 14. 2019 and the wholesale book value at the time 0f sale was $3,385.00 is attached hereto as Exhibit "4" and incorporated herein by reference. The amount of sale is lower than the estimated blue book value and was accepted as it was the highest bid received when the auction was held. After the sale 0f the vehicle. there was still an outstanding balance of $8,667.84 due 0n the contract. 10. VEROS CREDIT, LLC mailed its Accounting Statement t0 Defendant(s). attached hereto as Exhibit "5" and incomorated herein by reference (as proof t0 the Court that the charges were applied properly and were disbursed). Since the date of such letter to Defendant(s), there have been credits totaling $754.52 in the account, leaving a present balance 0f $7.91 3.32 due, owing and unpaid. The date this obligation was first due on January 21 , 2019. 1 1. Plaintiff has also requested prejudgment interest. In this regard, CCP 3287(a) provides that 0n liquidated claims, where damages are certain, a Plaintiff is entitled to an award 0f interest from the time the right to recover arises. 12. Plaintiff is entitled to attorney's fees herein, pursuant to the terms of the written agreement. The provisions for attorney's fees are underlined in the written agreement. See Exhibit " 1 ". 13. Plaintiff has retained legal counsel t0 file suit. Prior to filing suit, Defendant(s) was notified in writing of the intended legal action and that said legal action could result in a judgment against Defendant(s) which could include cost 0f suit and reasonfile attorney's fees. //// AFFIDAVIT IN SUPPORT OF REQUEST FOR ENTRY 0F DEFAULT JUDGMENT CAJZB Affidavit Auto Conlracl P&F File No. 19-94495 Client Re” 00090010XXX|2552IOI0 SAWMQ CA 92 123 m: (858)244-7m FAX (858) 856-0318 PATENAUDE & FELE. APC ATIORNEYS u LAW 9619 mm Dm SUTI'E 3m 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. After diligent search I have been unable to obtain and do not have either the original signed copy of the agreement or a copy thereof. The original agreement is merely deemed to have been misplaced and is currently unavailable. 15. Plaintiff respectfully requests that the Court accept said copies in lieu of the originals, as the original has been lost without any intent to defraud. Ideclare under the penalty of perjury under the laws of th S of Ca 'fornia that the foregoing is true and correct. Executed on \\ ) \01u l Signature: LW rant / b 6L ‘ LL n Dccla PrintNamaw ORDER GOOD CAUSE APPEARING, it is ordered that the Exhibits submitted be accepted in lieu of the originals. Dated: Judge of the Superior Court AFFIDAVIT IN SUPPORT 0F REQUEST FOR ENTRY 0F DEFAULT JUDGMENT CA_223 Arndavu Auto Comma: P&F File No. 19-94495 Client Rem ooo9ooxoxxx125521010 DEFICIENCY MEMORANDUM Contract dated: 3/6/201 6 Date of last payment: - Detendant(s) against whom judgment Is sought: RICARDO ALDERETE. LIZETTE PEREZ Name of assignor if any: VEROS CREDIT. LLC Original seller: LOTUS AUTO SALES LOCATED AT SAN JOSE. CA Type of merchandise sold (+ vin # If applicable): 2009 ACURA TSX. JH4CU266X90006410 Date of repossession: 11/2/2018 Low Blue Book value at time of resale:gaggL- Notice of intent to resell mailed on: 11/1 2/2018 Name of Purchaser at resale: Did defendant(s) demand a 10 day stay on sale? [X 1 No [ ]Yes (attach copy) Am0unt of original contract balance $_2Am (1) Amount of insurance add-on $___ (2) Total of lines 1 and 2 $_fl.§AL3§ (3) Amount paid before assignment $ 0.09 (4) Amount of rebated unused Finance charge $ 13,142.52 (5) Calculated as of what date 11/2/201 8 Amount of rebated unused insurance charge $-_QLO (6) Total of lines 4 - 6 $ 13,149.52 (7) Balance due: Subtract line 7 from 3 $ 9327.34 (8) Balance due on contract, or amount of payoff (subtract line 9 from 8): $___9_..3_Q7_-% (10) Total of unearned premium refunds: $ 0.00 (9) Repossession charges: $__.-.Dfl370 (1 1) Reconditioning charges: $ __.0_QO. (12) Auction fees/Commissions: $___9&Q (13) Title/Registration fees: $___QD_Q (14) Total of lines 11 - 14 $-_3.ZQ._0_Q (15) Balance due: Total of lines 10 and 15 $ 2.767.84 (16) Amount received at sale: $ 1,100,99 (17) Credit(s) paid to you béfé'r‘e suit: '$_:__Z§4_.i2 (1 8) Total of lines 17 and 18: $ 1.35452 (19) Total Balance Due: Subtract line 19 from 16: $ 7.913.3g (20) Amount of principal sued for: $ 7,913.32 (21) Credit(s) paid to you after suit was filed: $ ) Amount claimed in default judgment as principal: (Subtract line 22 from line 20) . $ 7 . 2 ( 3) (amount of line 23 should match line 21) Ideclare under penalty of perjury under the Laws of the State of California that theforWorrect. Dated; h ,so Lg wow mpAr-m» IN? Lost; @4qu \ Print Name and Title CA_22A Deficiency Memo P&F File No. 19-94495 Exhibit “1” RETAIL INSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE Dealer Number _49_}9}__ Contract Number (WITH ARBITRATION PROVISION) nos. Number Stock Number 41093-- Buyer Name and Address (Including County and Zip Code) RICARDOmm 3&5WARM SPRDIGS DR SANJ'OSE CA 95127 Co-Buyer Name and Address (Including County and Zip Code) 11m m 3085WARM SPRNGS DR SAN JOSE CA 95127 Seller-Creditor (Name and Address) WWSIIES 1555 W. Sm Clim Sues! SmJme CA 95126 You, the Buyer (and Co-Buyer, if any). may buy the vehicle below for cash or on agreements on the front and back of this contract. You agree to pay the Seller - Charge in U.S. funds according Io the payment schedule below.We wnll credit. By signing this contract, you choose to buy the vehiclg on credit unqer the Creditor (sometimes “we” or “us" in this contract) the Amount Financed and Finance figure your finance charge on a daily basis.The Truth-In-Lending Disclosures below are part of thus contract. Late Charge. l1 payment is not rewived in full withinTo days after i1 is due. y0u will pay a late charge of 5% 01 the part of the paymem that Is late. Prepayment. H you pay ofl all your debt ear1y. you may be charged a minimum finance charge. Security Interest. You are giving a security interest in the vehicle being purchased. I Additional Information: See this mntract for more information including information abou1 nonpayment. deiault, any requured repayment in full before the scheduled dale. minimum finance charges. and security Interest. 1. Total Cash Price ITEMIZATION OFTHE AMOUNT FINANCED (Seller may keep part of the amounts paid lo others.) A. Cash Price ol Motor Vehicle and Accessories 5W“) 1. Cash Price Vehicle $W99- 2. Cash Price Accessories $_Qge__ 3. Other (Nontaxable) Describe $_Qog_ Describe $__Q°9_ B. Document Processing Charge (not a governmental fee) $_SQW_(B) C. Emissions Testing Charge (not a governmental fee) $_59w__ (C) D‘ (Optional) Theft Deterrent Device (to whom paid) $___909_ (D) E. (Optional) Theft Deterrent Device (to whom paid) 5w- (E) F. (Optional) Theft Deterrent Device (to whom paid) $_M_(F) G. (Optional) Surface Protection Producl (to whom paid) $_Qee_(G) H. (Optional) Surface Protection Product (to whom paid) 3-000- (H) I. EV Charging Station (to whom paid) $_9m_ U) J. Sales Tax (on taxable items in A through I) $W6- (J) K. EIectronic Vehicle Registration orTransfer Charge (not a governmental fee) (to whom paid) $__eee_(K) L4 (Optional) Service Contract (to whom paid) $_Qee__(l-) M. (Optional) Service Contract (lo whom paid) $_m_ (M) N. (Optional) Service Contract (lo whom paid) $_-Q%_(N) 0. (Optional) Service Contract (to whom paid) $_Qee_ (0) P. (Optional) Service Contract (to whom paid) $__Q°°,_(P) Q. Prior Credit or Lease Balance paid by Seller to ‘e’ 3-960-(0’ (see downpayment and trade-in calculation) R. (Optional) Gap Contract (to whom paid) $%(R) s. (Optional) Used Vehicle Contract Cancellation Option Agreement $__m_ (S) T. Oiher (to whom paid) For s-om_m Total Cash Price (A through T) $W (1) 2. Amounts Pald to Publlc Officials A. Vehicle License Fees $_m__ (A) B. Registration/Transferffitling Fees $_}5m_(3) C. California Tire Fees $W_(C) D. Other 3%(0) Total Ofllclal Fees (A through D) $woo- (2) 3. Amount Paid to Insurance Companies (Total premiums from Statement of Insurance column a + b) $_Qm_ (3) . me Emissions oenmcauon Fee or E1 State Emissions Exemption Fee 3i (4) 5. Subtotal (1 through 4) $_11.1&1.51_ (5) 6. Total Downpayment A. Agreed Trade-In Value Yr Make $__O:W_(A) Model Odom 6 VIN B, Less Prior Credit or Lease Balance (e) 3-000-(3) C. Net Trade-ln (A less B) (indicate if a negative number) $__°'_m_(0) D. Deferred Downpayment $_mm_‘ (D) E4 Manufacturefs Rebate $flm-' (E) F. Other $ . (F) G. Cash $ 0'00 (G) Total Downpayment (C through G) (5) (If negative, enter zero on line 6 and enter the amount less than zero as a positive number on line 1O above) 7. Amount Financed (5 less 6) $Ml (7) New Make . ‘ Used Year and Model Odometer Vehicle Identification Number Primary Use For Which Purchased Personal. family or household unless otherwise indicated below.Ann D business or commercial Used 2009 TSC 102,326 JEWOOMIO FEDERAL TRUTH-lN-LENDING DISCLOSURES NOHCELATEEgEsNrLHOr; iglasclgngignNgfiEmmmg . o erANNUAL FINANCE Amount Tom 0f TOtal sale the purchase g1 a motor vehicle to purchase or negotiate any PERCENTAGE CHARGE financed Payments Price insurance through a particular Insurance company, agent or RATE The dollar The amount of The amour)! you The total cost of brokm You are not requred to buy any Omar insurance to The cost of amount the credit provided will have paid after your purchasg on obtain aediwour decision to buy or not buy other insumnce your credit as credit will to you or you have made ail credit. Including Wm not be a factor in the cred" appwval process, a yearly rate. cost you. on your behalf. payments as your down “hedu'ed payment 0' Vehicle Insurance $ 4000.00- is Term Premium , . 33 a °/o $ 3m; g; $62 $ 314 141 41 $ .33E g $92 $ 4544445492 5%Ded‘CompufireUhen _Mos. WA-' ' ' __a__'-_ (e means an estimate $ N” Ded.ColIision _Mos. WA- YOUR PAYMENT SCHEDULE WILL BE: Bodily Injury 5 n" Limits _ Mos‘ avg Numberoi Payments: Amount of Payments: When Paymems Are Due: property Damage 5 n" Limns _Mos' gun one Paymem 0f MedécalNA____ _Mos. WA- ‘ moo mm- _;~uA---- -Mos‘M- one PaYment oi Total Vehicle Insurance Premiums m_iél m UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR“"’ PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, PAYMENT one Paymem °t FOR SUCH COVERAGE Is NOT PROVIDED BY THIS AGREEMENT. You may buy the physical damage inSurance this contract requires Monthly beginnmg (see back) from anyon u choose who is acceptable to _us.You are not required to ny other insuran e to obtam It. 4.? S4“ ‘7 mu- Buyer x Co-Buyer One final payment Sena, ‘4“ ‘7 mm Iscies or oeniticam from meI1 any insurance is checked below, r r named insurance oompames wull the terms and oondmons. Application for Optional Credit Insurance D CreditLife: D Buyer D Co-Buyer D Both E] Credit Disability (Buyer Only) Term Exp. Premium_ Mos.__$M- Credit Disability__ Mos._ S Total Credit Insurance Premiums $.N/A__(§1 Insurance Company Name Credit Life A Home Office Address “1A Cred‘rtvligimurance and credit disability insurance are not requiIed to obtain crediLYour decision lo buy or not buy ctedit life and credit disability insurance will not be a Iactot in the credit approval process They will not be provided unless you sign and agree to pay the extra cost Credit life insurance is based on your origmal paymem schedule. This insurance may not pay all you owe on this contract if you make late payments Credit disabiiity insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the lasl payment unless a different ierm lor the insurance is shown above. You are applying for the credit insurance marked above. Your Signature below means that you agree that: (1)You are not eli ible for insurancei you have reached your 65th bin day. (2) You are eligible for disability Insurance only if you are working for wages or profit 3O hours a week or more on the_E_ffectxve Date. (3) Only the Primary Buyer is eh Ible for disabili insurance. DISABILITY NSURAN E MAY NOT C VER CONDITIONS FOR WHICHYOU HAVE SEEN A DOCTOR OR CHIROPRACTOR IN THE LAST 6 MONTHS (Refer to “Total Disabilities Not Covered" in your policy for details). You want to buy the it insurance. Signatute x Hm 93:; _‘W Co-BuyerSignature oAgeA98 OPTIONAL GAP CONTRACT A gap contract (debt cancella- tion contract) is not requued to obtain credii and will not be provided un|ess you sign below and agree lo pay the extra charge. If you choose to buy a ap contract. the charge is shown in item 1R of the Itemization o Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a pan of this contract Termfl Mos. Name of Gap Contract | want to buy a gap contract. Buyer Signs X OPTIONAL SERVICE CONTRACT(S) You want to purchase the service oontract(s) written with the folloui company(ies) for the term(s) shoum below for the charge(s shownin item 1L,1M, 1N. 10. and/or1R 1L Company Term 1M Company Term 1N Corr‘nlpany Term 1O Company Term 1P Company Term Miles.r-Mosov Mos. or Miles NIA Mos. or Miles Mos. or Miles os. or Miles Buyer X |Z l 1 D SELLER ASSISTED LOAN BUYER HAY BE REQUIRED T0 PLEDGE SEOWTY FOR THE LOAN. AND WILL BE OBLIGATED FOR THE INSTALLIM PAYMENTS 0N BOTH Tm RETML [STALLMENT SALE CONTRACT AND TIE LOAN. Proceeds ol Loan From: Amount SW £4nance Charge5w Total SW; Payable inW Installments 01 $ 7 _. S AUTO BROKER FEE DISCLOSURE If this contract reflects the retail sale of a new motor vehicle, the sale is not subject to a fee received by an autobroker from us unless the following box is checked: {:1 Name of autobroker receiving fee, if applicable: HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in writin and both you and we must sign it. No oral cha Buyer Signs X Co-Buyer SignsX SELL: W.W from this Logg is s own in Item 60, er an o-Buyer sig aSSIgn ' ly. ’ ’ R HTTO CANCELHBuy s ntracttoatin 'alinstituti ere, the provisions of the Seller‘s Right lo Cancel section on the back giving the Seller the right to cancel i1 Seller is unable to Co-Buyer I A Agreement to Arbitrate: ning below. you agree tha ursuam lo Arbitration Provision on the reverse side of this contract. you or we may elect to resolve any dispute by neutral. binding arbitration and a court actio e the ' n Provisi or additional information concerning the airfemeng q arbitrate. Buyer Signs X \ bevelCo-Buyer Signs X OPTION: D You pay no finance charge if the Amount Financed, item 7, is paid in full on or before . Year . SELLER'S INITIALS \VAF‘NENG: FOR ADVICE 0N FU THE MINIMUM PUBLIC LIABILITY INSURANCE LBMITS PROVlDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR NOT YOUR CURRENT INSURANCE POLICY WILL CO'JEP. YOUR NEWLY ACQUERED VEHICLE W THE EVENT OF AN ACCIDENT,YOU SHOULD CONTACT YOUR INSURANCE AGENT. YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE 0R MAY NOT PROVIDE FOP. FL‘LV. REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU DO NOT HAVE FULL COVERAGE. SUPPLEMENTAL COVERAGE FOR COLLISQON SAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OH THROUGH THE SELLING DEALER. HOWEVER. UNLESS OTHERWISE SPECIFIED. THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROYECTS ONLY THE DEALER. USUALLY UP T0 THE AMOUNT OF THE UNPAID BALANCE, REMAINWG AFFERTHE VEHICLE HAS 3EEN REPOSSESSED AND SOLD. 'EN" 0F LOSS OR DAMAGE TC YOUR \’EH§CLE. YOU SHOULD CONTACT YOUR INSURANCE AGENT. THESE PUBLIC LIABILITY TERMS AND CONDITIONS. x L\Z€\'*€ peva on the back 01 this contract, any ss: Buyer Signature X Trade-ln Payéfi Agreement: Seller re|ied on information from you and‘or the lienholder or lessor ot your trade~in vehicle to arrive at the payoff amount shown in item 68 of the hemization ofAmount financed as the “Prior Credit or Lease Balance.” You understand that the amount quoled is an estimate. Seller agrees to pay the payoff amount shown in SB to the lienholder or lessor of the trade-in vehicle. or its designee. If the actual payoff amount is more than the amount shown in 68, you must pay the Seller the excess on demand. If the actual payo mount is less than the amount shown in 68. Seller will refund to you any overage Seller receives from your prior lienholder or lessor. Except as stated in the 'NOTICE' igated to pay t rior Credit se Balanw shown in 68 or any refund. 7 ,, , Co-Buyer Signature X L‘Z3 i t C Ma _Notice to buyer: (1) D'o not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled m copy of thls agreement. (3) You can prepay the full amount due under this a _ greement at any time. (4) I1 you default in the performance 01 your obligations under this agreement, the vehicle may be repossessed and you may be subjectto suit and liability for the unpaid indebtedness evidenced by this agreement. of Motor Vehicles, or any combination t After this contract Is slgned, the and It ls an untair or deceptive ereof. Buyer Signature X may not change the financing or or the seiler to make a unilateral cha l1 you have a complajnt concerning this sale, you should try to resolve i1 with the seller. Complaints concerning unfair or decefitive practices or methods by the seller may be referred to the city anomey, the dlstrlct attorney. or an Investigator for the Depanmont payment terms u less you agree In writing to the change. You do not have to agree to any change, e. Co-Buyer Signaturex Haw %r€:?l Buyer Signature X 7* Other Owner Signature X The Annual P¢ége Rate may be negbtiable w W Date Address Co-Buyer Signaturex U
