Default PendingCal. Super. - 6th Dist.April 30, 2021on 8/19/2021 9:03 AM Reviewed By: A. Villanueva Envelope: 7094278 21CV381175 Santa Clara - Civil A. VillanuevaClV-105 ATTORNEY 0R PARTY WITHOUT ATTORNEY.- STATE BAR N0; NAME:Christopher D. Mandarich SB 220693 FIRM NAME: Mandarich Law Group, LLP STREET ADDRESS: P.O. Box 109032 CITY: Chicago STATE: 1L zxp CODE: 60610 TELEPHONE N0; 877.285.4918 FAX N0,. 8183884250 E’MA'LADDRESS' MIDLAND FUNDING LLc ATTORNEY FOR (name): SUPERIOR COURT or CALIFORNIA. COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N FIRST STREET MAILING ADDRESS: cmAND DPCODE SAN JOSE CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PlaintifflPetitioner:MIDLAND FUNDING LLC DefendanflRespondent ANGELICA CABALLERO, an individual FOR COURT USE ONLY CASE NUMBER? REQUEST FOR (Application) Entry of Default E Judgment 21CV381175 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) 1. On the complaint or cross-complaint filed on (date): 04/30/202 1 b. by (name); MIDLAND FUNDING LLC Enter defaun of defendant (names); ANGELICA CABALLERO, an individual ! request a judgment under Civil Code section 1738.60 and Code of Civil Procedure section 585 against defendant (names): ANGELICA CABALLERO, an individual 9’ .0 .0- (Testimony may be required Check with the clerk regarding whether a hearing date is needed.) e. E: Default was previously entered on (date): I 2, Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint" $ 4,903.97 $ 0.00 $ 4,903.97 b. Interest $ 0.00 $ 0.00 $ 0'00 c. Costs (see page 3) $ 278.00 $ 0.00 $ 278-00 d. Attorney fees $ 0.00 $ 0.00 $ 0-00 e. TOTALS $ 5,181.97 $ 0.00 $ 5,181.97 (* Must be established by business records, authenticated through a sworn declaration, submified with this application. (Civ. Code, §§ 1 788.58(a)(4), 1788.60(a).)) This action is not barred by the applicable statute of limrtations (Civ. Code, § 1788.56). Requirements for the com plaint. a. The complaint aileges ALL of the following (Civ. Code, §§ 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 aumority 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 me 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; Page 1 of 3 Form Adopted {or Mandatory Use Code of Civil Procedure, § 585; \Mdidal Council of California REQUEST FOR ENTRY OF DEFAULT Civil Code, § 1783.60 cxv-1os mev. January 1. 2020] (Farr Debt Buying Practices Act) www.coudscagov lllflflllllllmllllllll!!!lllllllllllllllmllIflllllllllilllllllllfl ClV-1 05 Plaintifi/Petitioner: MIDLAND FUNDING LLC CASE NUMBER: Defendant/Respondent: ANGELICA CABALLERO, an individual 21CV381175 4. a. (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 ail persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonabiy 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 ‘l 788.52(b) is attached to the complaint. 5. Documentation requirements for default judgment. ALL of the foliowing documents are submitted with this request for default judgment (Civ. Code, § 1?88.60(a)-(c)): a‘ A copy of the contract or other document evidencing the 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. b. Business records, authenticated through a sworn declaration, to establish: (1) 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 baiance 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 cred'rtor's account number associated with the debt; (5) 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; and (6) The names and addresses of ail persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonabiy identify each such purchaser. Date1August 6, 2021 dMMChristopher D. Mandarich SB 220693 ’ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAiNTlFF) FOR COURT (1) E Default entered as requested 0n (date): USE ONLY (2) [j Default NOT entered as requested (state reason): Clerk, by , Deputy 6. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legaI document assistant or unlawful detainer assistant E] did did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.1 b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 7. m Deciaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proa, § 585(3)). This action a. E is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. [:3 is is not on a conditionai sales contract subjectto Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). ClV-‘l 05 [Rev January 1, 2020] REQUEST FOR ENTRY OF DEFAULT Pagez of3 (Fair Debt Buying Practices Act) CIV-105 Plaintifi/Petitioner: MIDLAND FUNDING LLC CASE NUMBER: DefendanURespondent: ANGELICA CABALLERO, an individual 21CV381175 8. Declaration of mailing (Code Civ. Proc., § 58?). A copy of this Request for Entry of Defauit was a. E3 not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's Iast known address as follows: (1) Mailed on (date): AUG 1 g 202,3 (2) To (specify names and addresses shown on the envelopes): ANGELICA CABALLERO 2110 TAMPA WAY SAN JOSE CA 95122 I declare under penalty of perjury under the laws of the State of California that the foregoing items 6, 7, AUG N 202% 8 are true and correct. Date: (TYPE OR PFNNT NAME) V L (SIGNATURE 0F DECLARANT) 9. Declaration of nonmilitary status (required for ajudgment). 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 U.S.C. App. § 391 1 (2), or California Military and Veterans Code sections 400 and 4020‘). 10. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as foilows (Code Civ. Proc., § 1033.5): a. Clerk's ming fees .............................................. $ 181.00 b. Process server's fees ........................................ S 97.00 C. Other (specify): $ d. $ e. TOTAL ............................................................. $278.00 f. E: Costs and disbursements are waived. l am the attorney, agent, or party who ciaims these costs. To the best of my knowiedge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. ‘9 l 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;August6,2021 COMMChristopherD. Mandarich SB 220693 D (TYPE OR PRINT NAME) (SIGNATURE 0F DECLARANT) CIV-‘l 05 [Rev January 1, 2020] REQUEST FOR ENTRY OF DEFAULT Page3 of3 (Fair Debt Buying Practices Act)
