Declaration CCP 1033Cal. Super. - 6th Dist.April 30, 2021Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Keri L. Salet ¹318913 7017 Realm Dr. San Jose CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT - LIMITED CIVIL 10 TD BANK USA, N.A., Plaintiff, 12 vs. 13 MARCELINA E CABONCE, Case No. 21CV381236 DECLARATION OF COUNSEL RE: 1. INTEREST 2. COSTS (CCP (J 1033) 3. ATTORNEY FEES &Va& g e Z 0 ag I 8 ~R 14 c-15 OX z '60 17 18 19 20 Defendant(s). I, the undersigned declare l. I am an attorney at law duly licensed to practice before all courts in the state of California and I am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly authorized custodian of the business books and records of Hunt and Henriques, Plaintiff's counsel as they pertain to the captioned matter. 21 2. If called to testify as a witness, I could and would competently testify as to all the facts stated in 22 23 24 this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be true. INTEREST 25 3. Plaintiff did not request pre-judgment interest in its complaint. 26 COSTS 27 4. Plaintiff cannot utilize Small Claims Court due to the volume of delinquent credit accounts that Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance. Page I Declaration Regarding Interest Costs and Attorney Fees DJ 1 I DJ DR ICAF NI i LAB 1438566.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/25/2021 11:22 AM Reviewed By: D Harris Case #21CV381236 Envelope: 7528716 21CV381236 Santa Clara - Civil D Harris In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees. Actions to recover the delinquent credit account balance are filed in the jurisdiction where the Defendant resides. Plaintiff' employees would need to travel throughout the state which would cause them to be out of the office on a regular basis and therefore unable to perform other job duties. CCP 5 116.540(b) states that a corporation may appear only through an employee who is employed for purposes other than solely representing the corporation in Small Claims Court. Therefore, proceeding in Small Claims Court is not practical. 8 5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiff's counsel cA Ql A Qw & g 6 4 c U 5 10 12 13 14 z" 16 0 17 18 sent a letter to Defendant informing Defendant ofPlaintiff's intent to initiate legal action against Defendant and that legal action could result in a judgment against the Defendant which could include costs to the extent permitted by law. The letter sent to Defendant was a form letter. The only specific account information in the letter was the Defendant's name, address, redacted account number and account balance. A true and correct copy of this letter has been printed and is attached as Exhibit A. ATTORNEY FEES 6. Plaintiff, through its counsel, hereby waives attorney fees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 21, 2021 in S I 'al'fo 19 20 21 22 Keri L. Salet ¹318913 Hunt k Henriques Attorneys for Plaintiff 23 25 26 27 28 Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ 1 I DJ DR ICAF NI I LAB 1438566.001 DONALD SHERRILL HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 April 7, 2021 TOLL FREE 800-680-2426 FACSIMILE 408-362-2299 TTY 800-735-2922 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS TD BANK USA, N.A. / Target Credit Card Account number ending in: 5289 Balance due as of April 7, 2021: $2,608.77 Dear MARCELINA E CABONCE: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client TD BANK USA, N.A.. Legal action could result in a judgment against you that would include the costs and necessary disbursements which shall be limited to the actual cost of the filing fee, the actual costs of service of process and, when otherwise specifically allowed by law, reasonable attorneys'ees. This communication is from a debt collector. Very truly yours, Keri Salet HUNT & HENRIQUES Attorneys at Law HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 RETURN SERVICE REQUESTED I «II- I «II -I «'ll'«'lllll I III I«I««'I'll ~ I"'ARCELINA E CABONCE PO BOX 610746 SAN JOSE CA 95161-0746 DD00027D S-SFHUHE10 PDW6UQ00200393 - 661138052 100786 1TN 1438566.001
