Declaration CCP 1033Cal. Super. - 6th Dist.May 3, 202121CV381218 Santa Clara - Civil E-MAIL ADDRESS (Optional): ATTORNEYFOR(NAME): CAPITAL ONE BANK (USA) , N.A. MAILING ADDRESS: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. First Street A DEFENDANT/RESPONDENT: MICHAEL QUACH, et al. County of Santa Clara, an 7/6/2021 12:00 AM Reviewed By: D Harris Base #21 CV381 21 8 CITYANDZIPCODE: San Jose, CA 95113 Envelope: 6780936 BRANCH NAME; LIMITED CIVIL CASE PLAINTIFF/PETITIONER: CAPITAL ONE BANK (USA) , N.A. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and Address): FOR COURT USE ONLY Kristen Dean, S.E.N. 321178 File No. 21-10440-0 DH NELSON & KENNARD 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 = . . P.O. Box 13807, Sacramento, CA 95853 l'IGCtroanally Flled TELEPHONE No.: (916) 920-2295 FAX No. (Optional): by superlor court 0f CA, CASE NUMBER: DECLARATION 21CV381218 arris DECLARATION RE: b RESEARCH TO DETERMINE MILITARY STATUS OF DEFENDANT(S); b NOTICE PURSUANT TO C.C.P. § 1033(b)(2). I, Kristen Dean, hereby declare: I am an attorney at law duly licensed to practice before all courts of the State of California and am the attorney for Plaintiff herein. the matters set forth herein, as to those matters of Which I testify as custodian of records. to testify, I would competently affirm the content herein. Date: June 30, 2021 DECLARATION CONTINUED ON NEXT PAGE (DECLARATION CONTINUED ON NEXT PAGE) (TYPE OR PRINT NAME) As to each of I testify of my own personal knowledge except If called DECLARATION CONTINUED ON NEXT PAGE (SIGNATURE OF DECLARANT) [X] Attorney for [X] Plaintiff [ ] Petitioner [ ] Defendant [ ] Respondent [ ] Other (Specify): Form Adopted by the DECLARATION Page 1 of 2 Judicial Council of California MC-031 [Rev. January 1, 2005] PLNNflFHPEflfiONER2CAPITAL ONE BANK (USA), N-A- meNmmER DEFENDANT/REPONDENT:MICHAEL QUACH, et al_ 21CV381218 RESEARCH TO DETERMINE MILITARY STATUS 0F DEFENDANT(S) At or about the time Plaintiff served its Request for Entry of Default and Judgment by Default, my office consulted the Department of Defense Manpower Data Center Website. Based upon the information provided by the website, to Plaintiff’s counsel’s knowledge, no Defendant named in the Request for Entry of Default and Judgment by Default is an active member of the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. §390l et seq.) as of the date the Request for Entry of Default and Judgment by Default were served. A true and accurate copy of the Servicemembers Civil Relief Act search result is attached hereto , marked Exhibit 1 and incorporated herein by reference. NOTICE PURSUANT TO C.C.P. §1033(b)(2) Prior to the commencement of this action, my office informed the Defendant, in writing, that if an action were commenced, a judgment may be entered that could include an award of costs, Where allowed by law. A true and accurate copy of that notice is attached hereto as Exhibit 2. |dameuMmpdedpmwwwmamemmoflmsmdewmmbmmmemmmmg$hwaMcmwd DmezJune 30, 2021 Kristen Dean UYPEORPRWTNAME) ($GNATUREOFDECLARANU [X] Attorney for [X] Plaintiff [ ] Petitioner [ ] Defendant [ ] Respondent [ ] Other(Specify): Form Adopted by the ATTACHED DECLARATION Page 2 of 2 Judicial Council of California MC-031 [Rev. January 1, 2005] EXHIBIT l Department of Defense Manpower Data Center Status Report Pursuant tn Sendmmcmbers Civil RtliefAct SSN: Birth Date: _ Last Name: QUACH First Name: M|CHAEL Middle Name: Status AS Of: Jun-30-2021 Certificate ID: GLHM28590PX891P Results as of : Jun-30-2021 11:59:57 AM SCRA 5.8 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NO NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale Stains Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Star! Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches ofthe Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. EXHIBIT 2 DONALD G. NELSON Licensed in CA ROBERT SCOTT KENNARD Licensed in CA, WA, and DC JAMIE FORBES Licensed in CA and OR JOHN GORDON Licensed in CA MARVIN DANG Licensed in HI JASON OLIVER Licensed in HI DAVID A. BAUER Licensed in C0 RENEE FU'RUTA-BARNUM Licensed in HI TRACY CONLON Licensed in MA MICHELLE P. HANNA Licensed in C0 WILLIAM MORD JR Licensed inWA KRISTEN DEAN Licensed in CA and OR VANESSA THOMAS Licensed in CA and WI MATTHEW MARTINEZ Licensed in NM and CO MARIA ZURMATI Licensed in CA BENJAMIN ME'I'HAS Licensed in CA Washington OSA License 602 596 113 TIFFANY CHEN 8300 S VERMONT AVE LOS ANGELES, CA 90044 Your Client: Nelson & Kennard File No.: Creditor: Account No. Current Balance: Dear Counsel: NELSON & KENNARD Attorneys at Law P.O. BOX 13807 Sacramento, CA 95853 (916) 920-2295 T011 Free: (866) 920-2295 Facsimile: (916) 920-0682 www.nelson-kennard.com info@nelson-kennard.com April 9, 2021 MICHAEL QUACH 21 -1 0440-0 Capital One Bank (USA), N.A. XXXXXXXXXXXX51 37 $7,486.90 W 5011 Dudley Blvd, Bldg, 250, Bay G McClellan, CA 95652 COLORADO OFFICE 2594 S. Lewis Way, Ste. A Lakewood, C0 80227 MASSACHUSETTS OFFICE 100 Trade Center, Suite G-700 Wobum, MA 01801W 2900 Louisiana Blvd NE Nonh Bldg. Ste. J7 Albuquerque, NM, 87110 HAWAII OFFICE P.0‘ Box 4109 Honolulu, Hawaii 968 12-4109 Mon 7 Friday 8:00am 7 6:00pm (PST) This office represents Capital One Bank (USA), N.A. with respect to the above-referenced matter. Our client has authorized our firm to file suit to effect collection of the balance claimed to be due. Notwithstanding, our client would appreciate the opportunity to explore an amicable resolution of the matter without litigation. If your client would like to resolve this matter on a voluntary basis, please contact our office at your earliest convenience. If legal action is commenced, judgment may be entered against your client for the balance owed, together with court costs where allowed by law. If you have any questions or wish to discuss this matter, please contact an account representative at (866) 920-2295 ext. 604. This firm is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. A|| calls are recorded and may be monitored for quality assurance. Very truly yours, NELSON & KENNARD Robert Scott Kennard Attorney at Law PLS.FRM [Rev.12/08/1 6]
