DeclarationCal. Super. - 6th Dist.April 30, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/2/2021 2:40 PM Reviewed By: D Harris Case #21CV381172 Envelope: 6777256 21CV381172 Santa Clara - Civil D Harris \OOOQQUI-hUJNp-n NNNNNNNNNb-lr-ib-Ir-pr-AHp-AHH WQQMAWNHOWOOQONM-kwNHO Christopher D. Mandarich SB 220693 Ajay Sood SB325294 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877.285.491 8 Facsimile: 818.888.1260 Attorneysfor Plaintiff: Midland Credit Management, Inc SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION Midland Credit Management, Inc, Plaintiff, vs. PATRICIA C ACEVEDO, an individual, et al., Defendant. Case No. 21CV381 172 DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT T0 CIVIL CODE § 1788.60 The declaration is attached hereto and hereby incorporated herein. DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT \OOO\IO\U’IAU)I\J)-I NNNNNNNNNr-AHt-tb-np-b-nw-at-ni-Ib- OONQM-pWNHOOWQQLh-bWNh-‘O STATE OF CALIFORNIA COUNTY OF Midland Credit Management, Inc, Plaintiff -vs- DECLARATION OF PATRICIA SOLTIS IN SUPPORT OF JUDGMENT PATRICLA C ACEVEDO, Defendant(s). Patricia Soltis, whose business address is l6 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says the following statement in support of Plaintifi‘s Application for Default Judgment: 1. I am an officer for and employed as a Legal Specialist by Midland Credit Management Inc. ("Plaintifi"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's CITIBANK, N.A. account XXXXXXXXXXXX6805 (MCM Number 302243 127) (hereinafter "the account"). 2. I have access to and have reviewed the electronic records pertaining to the account maintained by Plaintiff and am authorized to make this affidavit on Plaintifi‘s behalf. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff DECLARATION OF PATRICIA SOLTIS IN SUPPORT OF JUDGMENT - I 302243127 AFFRECMEDIA 4402344 AWN flQL/I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 purchased or was assigned the account, together with records generated by Plaintiff in connection with servicing the account since the date Plaintiffpurchased or was assigned the account. In addition, I reviewed the documents that are attached to this affidavit. 3. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account, which consist of (i) data and documents acquired from the seller, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course ofMCM’s business. It was in the regular course ofMCM’s business for a person with knowledge of the subsequent collection and/or servicing activities recorded to make the record or data compilation, 0r to transmit information thereof to be included in such record, or for such information to be posted in MCM’s records by a computer or similar digital means. In the regular course of MCM’S business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice. 4. On or about 2019-08-20, Midland Credit Management, Inc‘ became the successor in interest to this account. Plaintiff acquired and incorporated the attached account records into its permanent business records as a result of Plaintiff‘s purchase or assignment of the account. These records are kept in Plaintiff‘s regular course of business and, along with the electronic records provided at the time of purchase or assignment, are Plaintiff's primary source of business records for this account. 5. The accuracy of such records is relied upon by Plaintiff in collecting this account. These records are trustworthy and relied upon because the original creditor was required to keep careful records 0f the account at issue in this case as required by law and/or sufier business loss. 6. This account was purchased after 2014-01-01 and, therefore, is subject to California Civil Code Section 1788.60. 7. In accordance with California Civil Code sections 1788.58(a)(3-8), Plaintiff’s records show the following relevant information conCerning the account: DECLARATION OF PATRICIA SOLTIS IN SUPPORT OF JUDGMENT - 2 302243127 AFFRECMEDIA 4402344 QQUIAUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Plaintiff is the sole owner of the account. b. The account was opened on 2018-02-24 and charged-off on 2019-07-16 with a balance of $6,315.21. c. Plaintifi‘s records show that the balance of $6,012.42 remains due and owing as of 2021-05-12. Plaintifi is not seeking to recover any post charge-off interest and/or fees that may have been imposed by the charge-ofi creditor or subsequent purchasers of the debt and is seeking to recover only that portion of the charge-ofi balance that remains due and owing as of 202 1-05-1 2. d. The last payment posted to the account on 2020-02-1 6. e. The charge-off creditor name and address at the time of charge-ofi: CITIBANK, N.A., 701 EAST 60TH STREET NORTH , SIOUX FALLS, SD 571 17 f. The charge-ofi‘ account nfimber associated with the debt at time of charge-off was XXXXXXXXXXXX6805. g. Defendant's name and last known address as it appeared in the charge-ofi‘ creditor or debt owner's records prior to the sale to Plaintiff: PATRICIA C ACEVEDO, 3530 ALDEN WAY APT 1, SAN JOSE, CA 951 171512 h. The complete chain of title including CITIBANK, N.A. and all post charge-off purchasers/assignees of the debt are as follows: 1. CITIBANK, N.A. 701 EAST 60TH STREET NORTH,SIOUX FALLS,SD,571 17 2. Midland Credit Management, Inc. 350 CAMINO DE LA REINA,SUITE 100,SAN DIEGO,CA,92108 8. Plaintifi‘s records show that Plaintiff or its agents made demand for payment of the balance herein prior to making this afi‘idavit and Defendant(s) failed to make full payment of the amount owed on the account. 9. Attached hereto as Exhibits A, B, and C are the account records I reviewed in executing the affidavit that relate to the account and/or payment(s) received. DECLARATION OF PATRICIA SOLTIS IN SUPPORT OF JUDGMENT - 3 302243127 AFFRECMEDIA 4402344 \OOOQOMAUJNp-t NNNNNNNNNHHI-fir-IHHHHHr-A Exhibit A. Chain of Title and Seller/Assignor Data Sheet - establishing the facts required under Civil Code sections 1788.58(a)(3), (4), (5), (7) and (8) Exhibit B. Monthly Statement Recording a Purchase Transaction, Payment, or Balance Transfer - establishing the fact required under Civil Code section 1788.58(a)(5) Exhibit C. Final Billing Statement or other Records - establishing the facts required under Civil Code sections 1788.58(a)(4) and (6) 10. The documents attached hereto are true and correct copies of the originals, being a reproduction of Plaintiff‘s records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted 0r redacted as required by local rules, and applicable state, ahd federal law. 11. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I declare under penalty of peljury under the laws of the State of California that the foregoing statements are true and correct. Patricia Soltis IL85 Mandarich Law Group, LLP DECLARATION OF PATRICIA SOLTIS IN SUPPORT OF JUDGMENT - 4 302243127 AFFRECMEDIA 4402344 LIV, EXHIBITA Contract ID: EN8MUMAAOS l 6 l 9 Document ID: ENSMUMAAOS l7 19Cl Document ID: 080819MC1CCIFh/Bl BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated August 20, 2019, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Sheet North, Sioux Falls, SD 57117 ("Bank"), to Midland Credit Management, Inc., a corporation organized under the laws of Kansas, with its headquarters/principal place of business at 350 Camino De La Reina, Suite 100, San Diego, CA 92108 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated May 16, 2019, between Bank, Department Stores National Bank, and Buyer (the "Master Purchase Agreement"), and that certain Addendum No. 1 dated May l7, 2019, between Bank and Buyer (the “Addendum”. and together with the Master Purchase Agreement, the “Agreement"), the Bank does hereby transfer. sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts summarized on the Asset Schedule attached hereto as ExhibitA and included in the Final Electronic File. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized on the Asset Schedule and included in the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank's own business records and accurately reflects in all material respects the information in the Bank’s database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or from information transmitted by, a person with knowledge of the data entered into and maintained in the Account’s database; and (iv) it is the regular practice of the Bank’s business to maintain and compile such data. CITIBANK, NA. By: (Sénaturc) I Namezfiaf’] 56/45“ / 7 Title: Authorized Party Encore 051619 Contract ID: ENSMUMAA051619 Document ID: ENBMUMAA051719CI Document ID: 0808|9MC1CCI FMAI Exhibit A The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. Saie Rate Cut-Off Date 08/08/19 Accounts Sale AmountLot SaleID Costco Fresh 080819MC1CC1FM Flow Encom05l6l9 Contract ID: ENSMUMAAOS 1619 Document ID: EN8MUMAA051719CI Document ID: 0808 l 9MC ICC lFMGl AFFIDAVIT 0F SALE OF ACCOUNT State of Missouri County of Platte Gary Goldberg, being duly sworn, deposes and says: 1am an authorized employee of Citibank, N.A. ("CBNA") located at 701 East 60th Street North, Sioux Falls, SD 571 l7, am authorized to make the statements and representations herein, and I am over 18 years of age. In this position, Ihave access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage of business records. On or about August 20, 2019, CBNA sold a pool of charged-off accounts (the "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum No. 1_dated May 17, 2019, to MIDLAND CREDIT MANAGEMENT, INC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to MIDLAND CREDIT MANAGEMENT, INC. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. Signed this 87‘“ day of 74L} . fig! £2 . flakary erg Sworn before me this 3’) day of flog . a0] 7 . \ CAROLYN E. HUGHES C 2 f L Nottaa Pub"? -JNo&ary Sceod my N P blState o issour, ac son u , . Commission #:4927304 Otm'y U IC My Commission Expites Jan 26.2m (Notary Seal) . . . January 28.2m My Commnssxon Expues: Encore 051619 Contract ID: EN8MUMAA05 16 l 9 Document m: ENSMUMAAOS 17 l 9C1 Document ID: 080819MCICC1FMGI CERTIFICATE 0F CONFORMITY STATE 0F MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an att%mey at law duly admitted lo practice in the Stale of MISSOURI and is a resident of o kwfi 0 Vx County, in the State of Kama»! ; that hefshc is a person dulygghlgied to make this certificate of Nuconformity pursuant to the laws of the State of ; that the foregoing acknowledgment by Gary Goldberg named in the foregoing instrument taken beforeMum“ a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri. being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. 95m lune: mag; Date Attorney at Laa vv Encom05l619 Field Field Data Account Number -6805 First Name PATRICIA Middle Name C Last Name ACEVEDO SSN - Date of Birth Address 1 3530 ALDEN WAY Address 2 APT 1 City SAN JOSE State CA Zip 951 171512 Open Date 02/24/201 8 Last Purchase Date 08/13/2018 Last Payment Date 01/28/201 9 Last Payment Amount $1 00.00 Charge Off Date 07/1 6/201 9 Charge off Balance $6,31 5.21 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments $0.00 Post Charge off Credits $84.15 Affinity COSTCO ANYWHERE VISA CARD BY CIT] ACQ Account information provided by Citibank, N.A. pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 08/20/2019 in connection with the sale of accounts from Citibank, N.A. to Midland Credit Management, Inc. encore_Costco~Fresh-Flow-081 9 08081 9MC1 CC1 FM EXHIBIT B Costco Anywhere Visa® Card by Citi Cffi'l cosm PATRICIA C ACEVEDO Member Since 2018 Account number ending in: 6805 Billing Period: 01/17/19-02/18/19 FEBRUARY STATEMENT Minimum payment due: $1,090.74 New balance as of 02/18/19: $5,740.00 Payment due date: 03/1 4/1 9 See_the Ia_st page of this statement for important Information about how to avovd paylng In erest on purchases. Late Payment Wamingzlf we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum payment warningzlf you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pa off the balance Anq you will e_nd up slgomn ont e statement In pfaymg an estimated total a o o Only the minimum payment 18 years $1 1 .628 For information about credit counseling servica. call 1-877-337-8188. Pay your bill from virtually anywhere with the Citi MObilé App and Cit? Online '- ‘- " To download:W Tex1 'App15' to Mycm (692434)or go I'o your device's app store. Or visit www.citicards.com 000000 NC 32 A 0 www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 Your account is past due. Please pay at least the minimum payment due, which includes a past due amount of $202.89 and an overlimit amount of $740.00. Account Summary Previous balance $5,899.15 Payments $250.00 Credits -$0.00 Purchases +$0.00 Cash advances +S0.00 Fees +S0.00 Interest +$90.85 New balance $5,740.00 Credit Limit Credit Limit $5,000 Includes $1,500.00 cash advance limit Minimum payment due $1 .0901 New balance $5,740.0 Payment due date 03l1 4/1 Amount enclosed: Account number ending in 6805 PATRICIA C ACEVEDO 3530 ALDEN WAY APT 1 SAN JOSE CA 95117-1512 Citi Cards PO BOX 7801 9 Phoenix. AZ 85062-801 9 www.cltlcards.com Customer Service 1-855-378-6467 Page 3 of 3 TTY~hearing~impaired services only 1-866-210-0617 PATRICIA C ACEVEDO ©2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark 0f Visa International Service Association. www.citicards.com Customer Service 1-855-378-6467 Page 2 of 3 TTY-hearing-impaired services only 1-866-210-0617 PATRICIA C ACEVEDO CARDHOLDER SUMMARY PATRICIA C ACEVEDO Card ending ln 6805 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount Payments, Credits and Adjustments ............... 61.7.2.1.. ONL'NE PAYMENT. THANK YOU $15000 01/28 ONLINE PAYMENT, THANK YOU '$100.0Q PATRICIA C ACEVEDO No Activity Fees Charged 02/18 REFL_JND LATE FEE ___________________ -§37.00_ 02/18 LATE FEE - JAN PAYMENT PAST DUE $37_ 00 TOTAL FEES FOR THIS PERIOD _ $0 0° Interest Charged 02/18 INTEREST CHARGED TO STANDARD PURCH $90.85 TOTAL INTEREST FOR THIS PERIOD $90.85 2019 totals year-to-date Total fees charged In 2019 $37.00 Total interest charged ln 2019 $172.97 Interest charge calculation Days in onnng cyclezaa Your Annual Percentage Rate (AP._R)i_s: the annual interest rate _on nglagcgu-rlt. ______________________ Annual percentage Balance subject Balance type rate (APR) to Interest rate Interest charge .EHB§.HA.§E§............................................................................. Standard Purch 17.49% (v) $5,744.90 (D) __ _ S90 85 .APYANSE§................................................................................................................................. Standard Adv 27.49% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Important: To receive a credit card reward certificate you must have earned more than $1 in rewards through your December 2018 statement closing date ?ng your account must be open at the time your certificate is issued in e ruary. Your payment last month did not meet the minimum amount due. We appreciate your efforts in making payments on your account so we have credited the late fee that was charged. Please contact us at 1-800-926-1058 or go to www.citicards.com to learn about options to make payments, which may help you avoid late fees. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 03/07/2019 to allow enough time for regular mail to reach us. EXHIILIT C Costco Anywhere Visa® Card by Citi cfi‘l' m PATRICIA C ACEVEDO www.citicards.com Member Since 2018 Account number ending in: 6805 Customer Service 1-855-378-6467 Billing period; 05/19/19-o7/15/19 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 JULY STATEMENT ACCPU'“ summary Minimum payment due: $6,315.21 Eggoeftsbalance Sé'ig‘gg New balance as of 07/1 6/19: $6,315.21 Credits ,SO'OO gsgiéhpealfiitgp}: eerggttglg gLartcehnawsegst_for Important Information about how to Cash advances +5000 Fees +$0.00 L t P tw ‘ If d t ' ' ‘ tb th d t mere“ 68415 a e aymen arnlng: we o no receive your mlnlmum paymen y e a e listed above, you may have to pay a late fee of up to $37 and your APRs may be New balance $631521 increased up to the Penalty APR of 29.99%. Credit Limit Minimum payment warningzlf you make only the minimum payment each credit Limit 55:000 period, you will pay more in interest, and it will 1ake you longer to pay off Includes $1,500.00 cash advance limit your balance. For example: If you make no additional You will pa¥10ff the balance And you will end up charges using this card shown ont e statement in paying an estimated total and each month you pay... about“. of... Only the minimum payment 1 months $6,315 For information about credit counse|ing services, call 1-877-337-81 88. Pay your bill fromélgirtually :nngeorel Minimum payment due $6,31 5.2 with the Citi Mobil A an cit n ine __ 7 pp New balance $6,31 5.2 ' To download:W Tex‘ 'App15' ‘0 Mycm (692484) Payment due date 08,14/1or go to your device's app store. Or visit www.citicards.com Amount enclosed: oooooo NC 32 A o Account number ending in 6805 PATRICIA c ACEVEDo Citi Cards 3530 ALDEN WAY PO BOX 7801 9 APT 1 Phoenix, AZ 85062-801 9 SAN JOSE CA 95117-1512 www.citlcards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PATRICIA c ACEVEDO CARDHOLDER SUMMARY PATRICIA C ACEVEDO Card ending in 6805 New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount PATRICIA C ACEVEDO No Activity Interest Charged 07/16 INTEREST CHARGED TO STANDARD PURCH $84.15 TOTAL INTEREST FOR THIS PERIOD 584-15 2019 totals year-to-date Total fees charged in 2019 $185.00 Total interest charged in 2019 $600.18 Interest Charge calculation Days in billing cycle228 Your Annual Percentage Rate (APRHs the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to Interest rate interest charge PURCHASES ............................................................................................................................... """é'ééfiaé'r‘a'EL}FER”""""""""'""""'1?.1iéb'xéféQS """"" ££££ch """""""""""""" $52115" ..A..D.V.A.NCES ........ ........................................................... ..... StandardAdv2749%(V)SOOO(D)SOOO Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs foHowed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 08/07/2019 to allow enough time for regular mail to reach us. ©2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. Page 2 of 2
