Declaration CCP 585Cal. Super. - 6th Dist.May 3, 2021A'I'I'flRNEYS AT LAW Qfilflmmm SUITE 3m savanna? CA 92133 TELE: (353)244-1500 1m}: (353; 335.0313 PATENAUDE & FELIX, APE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CA_41 Dec Cover 21 CV381238 Santa Clara - Civil LAW OFFICES OF PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude, Esq. (#128855) Stephanie J. Boone, Esq. (#160182) Angie Hong Hoar, Esq. (#212152) Dean Keshavarz, Esq. (#PL-496493) Carolyn S. Elliott, Esq. (#335870) Kaden D. Byron, Esq. (#333 1 58) 9619 Chesapeake Drive, Suite 300 San Diego, California 92123 Tele: (858) 244-7600 Fax: (858) 836-0318 Attorneys for Plaintiff TD BANK USA, NA. A. Villanueva Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/7/2021 6:54 AM Reviewed By: A. Villanueva Case #21 CV381 238 Envelope: 741 7238 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA CIVIL DIVISION TD BANK USA, N.A., Plaintiff, V. BERTA BARRAGAN, and DOES 1 through 15, inclusive, Defendant(s). Case N0. 21CV381238 PLAINTIFF'S DECLARATION/ AFFIDAVIT 1N SUPPORT 0F DEFAULT JUDGMENT [C.C.P. §585 (d)] P&F File N0. 20-16798 aoa 1mm TD BANK USA, N.A. (as successor in interest to Target National Bank) PLAINTIFF vs. BERTA BARRAGAN DEFENDANT(S) AFFIDAVIT State ofMinnesota ) ) SS. County of Hennepin ) I, Nhia Moua, being first duly sworn, depose and say: 1. My name is Nhia Moua. I serve as a custodian of records for Target Enterprise, Inc. (“TEI”) and am duly authorized by PlaintiffTD Bank USA, N.A. (“TD Bank USA”) t0 make the following representations. 2. BERTA BARRAGAN ’s credit-card account was originated by PlaintiffTD Bank USA. PlaintiffTD Bank USA has not sold, assigned, or otherwise transferred the account, and is the only entity with a n'ght to collect the balance due on the account. TEI service and maintained the business records including the account information on behalf of PlaintiffTD Bank USA. 3. Imake this affidavit in support of PlaintiffTD Bank USA’s claim in this matter. I am an adult (having reached the age ofmajority) and competent to testify to the matters in this affidavit, which I make upon personal knowledge of the business records. 4. I am familiar with the manner and method by which TEI maintains business records for the credit-card accounts. My responsibilities include researching business records, including electronically stored infomation relating to credit-card accounts, in connection with collections and collection-related litigation. My testimony in this affidavit is based on that research, which may include a computerized analysis or comparison of electronically stored information by means of a system with which I am familiar. 5. Plaintiff electronically stores original documents and save them as electronic/computerized documents for preservation. The documents provided are true and correct copies of those stored. Plaintiff requests that they be accepted in lieu of originals. 6. I have reviewed the records and documents relating to BERTA BARRAGAN ’s account. These records and documents referenced herein were made at or near the time of the events recorded, and are maintained in the ordinary course of business at or near the time of the events to which they relate. 7. Upon my personal review ofBERTA BARRAGAN’S account, the business records reflect that: (a) (b) (0) (d) (e) (f) BERTA BARRAGAN is an adult (having reached the age of majority) and neither PlaintiffTD Bank USA nor TEI has been notified that BERTA BARRAGAN is not competent to enter into a binding contract; On 11/30/2013, BERTA BARRAGAN opened a credit-card account with PlaintiffTD Bank USA, and the account has an account number ending in 1774; BERTA BARRAGAN charged purchases and/or cash advances to that account; A payment on BERTA BARRAGAN’s credit-card account was last received in theamountof$d§fi02 011 ?/ Z //2 . BERTA BARRAGAN has breached its contract and the credit-card account is in default. On 02/23/20 the credit-card account was charged-off. On the date the credit-card account was charged-off, the account balance was $2,201 .01; and As of the date of this affidavit, BERTA BARRAGAN is indebted to PlaintiffTD Bank USA owing a balance of $2,201 .01 in connection with the credit-card account, which balance is overdue and unpaid. This balance does not consist of any late fees applied after the date the account was charged-off and PlaintiffTD Bank USA is not seeking any attorney’s fees. PlaintiffTD Bank USA is the successor-in-interest to the originator and is the current owner of the credjt-card account and has not re-assigned, extinguished, or released the debt. There has been no accord and satisfaction, and there are no credits for unapplied payment or any set-offs which would reduce the balance owed by BERTA BARRAGAN. This claim is not based, directly or indirectly, upon the sale of a chattel which has been repossessed peaceably or by legal process. I solemnly affirm, under penalty ofpeljury under applicable law and upon my personal knowledge and based on my review of the business records of TEI as servicer for PlaintiffTD Bank USA, that the contents of the foregoing affidavit are true. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Va Name: Nhia'Moua Custodian ofRecords Target Enterprise, Inc. P~Zfl-Z/ Date The foregoing was sworn to before me and subscribed in my presence this 3 O day of EDWARD F MALLEY Notary Public Stat: of Minnesota My Commission Expires January 31, 2024 aU9c/gf ,ZOaL. ’ q. Seal {21m Notary Public My commission expires on I / 3(/2? LNO 1 *OOOOO* TARG ETm REDcard Ending in: 1774 ACCOUnt Identification Number: 00051280109 Statement CIosing Date; February 23’ 2020 BERTA BARRAGAN Page 1 of 2 Summary of Account Activity Payment Information Previous Balance $2,162.01 New Balance $2,201 .01 Payments and Other Credits -$0.00 Minimum Payment Due $2 201.01 Purchases and Other Debits +$0.00 ' Past Due Amount $68000 Payment Due Date 3/23/2020 Fees Charged +$39'oo If you would like information about credit counseling services, Interest Charged +$0-00 can 1-300-991-8433. New Balance $2,201 .01 _ _ _ For questions, an address change or to report a Credlt LImIt $0.00 I t t I d l. ll _ Available Credit $0.00 OS 0r S 0 en car , go 0n Ine 0r ca US. Statement Closing Date 2/23/2020 Manage My REDcard Target.com/myREDcard Days in Billing Cycle 31 Target Card Services 1-800-659-2396 TDD/TDY 1-800-347-5842 Outside the U.S. 1-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Important Messages Your account has been charged off. This is your final statement. Transactions Trans Date Description of Transaction or Credit Location Amount Payments And Other Credits No payments or credits were received last month. Fees Feb. 20 LATE PAYMENT FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 (transactions continued on next page) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD SERVICES Account Number Ending in 1774 Account Identification Number 00051280109 |||||||||||||||||||||||||||||||||| $220101 $2,201.01Minimum Payment Due Payment Due Date March 23, 2020 NEW PHONE, HOME 0R Amount EEEQISLEAEPDDRETSESW TARGET CARD SERVICES Enclosed $ REVERSE S'DE- P.o. Box 660170 OFFICE copy DALLAS TX 75266-0170 |"II'|Il'III'III'I|-IIl-"|'-I'lI||'"I|-III'I"|"'|'|IIII'|||' BERTA BARRAGAN 690 LINDA VISTA ST SAN JOSE CA 95127-1124 l.IIII..Im|.II.II.III.II|IIII..I|III.I..|||.|I.|I||.I.|I|I..I.I - - BflflL5DDEEDLDLDEEDLDLHDTTTTDDDELEBDLDEHEIL *OOOOO* TARG ETm REDcard Ending in: 1774 Account Identification Number: 00051280109 Statement (nosing Date: February 23, 2020 BERTA BARRAGAN Page 2 of 2 Transactions (cont) 2020 Totals Year-to-Date Total fees charged in 2020 $78.00 Total interest charged in 2020 $43.62 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 0.00% $0.00 $0.00 There is a Minimum Charge of $1.00 for any billing period in which an interest charge is imposed. Special Announcements and Exclusive Offers Go Paperless and more! Go paperless, easily make payments, and set up alerts for your account with Manage My REDcard! Enroll today at Target.comlmyREDcard. 51280109
