Declaration CCP 585Cal. Super. - 6th Dist.May 3, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/29/2021 12:00 AM Reviewed By: A. Villanueva Case #21CV381254 Envelope: 7741461 21CV381254 Santa Clara - Civil A. Villanueva 9X. [358) 836-0313 1-" ATTORNEYS AI LAW SAECDIEGO. CA 93123 PATENAUDE 3: FELIX. APC 961 9 QESA‘PEAE DRIVE. SUITE 3 m3: (855)2443500 l4 15 16 1? 18 19 20 21 22 23 24 2S 26 27 28 LAW OFFICES 0F 900--ru48 PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude, Esq. (#128855) Stephanie J. Boone. Esq. (#160182) Dean Keshavarz, Esq. (#PL-496493) Carolyn S. Elliott, Esq. (#335870) Kaden D. Byron, Esq. (#333158) 9619 Chesapeake Drive, Suite 300 San Diego, California 92123 Tele; (858) 244-7600 Fax: (858) 836-0318 Attorneys for Plaintiff VEROS CREDIT. LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA CIVIL DIVISION VEROS CREDIT, LLC, Case No. 2 1CV331254 Plamuff' DECLARATION 1N SUPPORT 0F v. APPLICATION FOR ENTRY 0F JUDGMENT CCP 535 (d)MICHELLE NEVAREZ, and DOES I through 15, inclusive, Defendanl(s)._ I, NI“? Wfdrflflfi ,state: 1. I am a custodian of records for Plaintiff VEROS CREDIT, LLC, (hereinafter "PLAINTIFF") licensed to d0 business in California, and am authorized t0 make this declaration on its behalf. If sworn t0 testify, I can competently testify t0 the following matters 0f my own personal knowledge. 2. I have custody and control 0f the records of PLAINTIFF relating t0 all collection procedures in this matter. I am personally responsible for the handling of all collection activity in connection with the Defendants' account, and I have reviewed all 0f our books and records in connection with this matter. Such books and records are made contemporaneously with the information they reflect. Hf DECLARATION IN SUPPORT 0F APPLICATION FOR ENTRY 0F JUDGMENT CA 22E Declaration Auto Chane off P&F File No. 2 l-lfi33 Client Rat ND. QUO-XXX-XXXDMB 3133 DEERE. SUITE 300 ATIORNEYS AI Luv 9619 CHES. DEA ¢ PATENAUDE & m3. APC SANDEGO. CA 9 THE: (858)344-7600 FA}:- (SSS) 836-0318 16 l7 18 l9 20 21 22 23 24 25 26 27 28 3. This account sued on herein is for breach of contract and common counts owed by Defendant(s) MICHELLE NEVAREZ. 4. Attached hereto. marked Exhibit " 1 " is a true and correct copy of Retail Installment Sale Contract relating to the purchase of the vehicle by Defendant(s), possession 0f which is sought in this action (the "Contract"). 5. Defendant(s), is and has been since the date of the transaction involved, the legal owner 0f the Vehicle in question, 2015 NISSAN SENTRA S, VIN# 3N1AB7APXFY285598 (the "Vehiclc"). Subject to the terms of the Retail Installment Sale Contract attached Exhibit " l 6. The vehicle charged off on February 27, 2020 due to Defendant(s) failure and refusal to pay sums due, owing, and demanded by Plaintiff herein VEROS CREDIT, LLC. 7. For the Courts benefit, miscellaneous documents regarding this subject matter account are attached hereto as Exhibit "2" and incomorated herein by reference. As of the date of this declaration, there have been credits totaling $0.00 in the account, leaving a present balance of $8,490.18 owing and unpaid. 8. Plaintiff has also requested prejudgment interest. In this regard, CCP 3287(a) provides that on liquidated claims, where damages are certain, a Plaintiff is entitled to an award of interest from the time [he right to recover arises. 9. Plaintiff is entitled to attorney's fees herein, pursuant to the terms of the written agreement. The provisions for attorney's fees are underlined in the written agreement. See Exhibit "I". 10. Plaintiff has retained legal counsel t0 file suit; pn'or t0 filing suit, Defendant(s) was sent written notification 0f the intended legal action and that legal action could result in a judgment against Defendant(s) which could included cost 0f suit and reasonable attorney's fees. I l. After diligent search I have been unable to obtain and d0 not have either the original signed copy of the agreement or a copy thereof. The original agreement is merely deemed to have been misplaced and is currently unavailable. /// DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY 0F JUDGMENT CA 22E Declaration Auto Charge off P&F File No. 21-1638 Client Ref. N0. 900-XXX-XXX0148 PATENAUDE & FELIX. APC kITORMYS AI LAW SANDEGO, CA 92 123 IEE: (858)244-7600 ELY: (858) 836-0318 9619 criEsAprAKE DRIVE stmt- 300 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. Plaintiff respectfully lequcsts that the Court accept said copies in lieu of the originals, as the original has been lost without any intent to defraud. The foregoing declaration, is of my own knowledge and if sworn as a witness I would and could competently testify to the same. Ideclare under the penalty of perjury under the laWS of th S c of Ca fornia that the foregoing is true and correct. Executed on \ l g \0) )- Signature: l Declarant \i Print Name: NOW LC WVeM’Ah/b QRDER GOOD CAUSE APPEARING, it is ordered that the Exhibits submitted be accepted in lieu of the originals. Dated: Judge of the Superior Court DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY 0F JUDGMENTCA 22E Declaration Auto Charge off P&F File No. 21-1638 Client Ref. No. 900-XXX-XXX0148 DEFICIENCY MEMORANDUM Contract dated: 6/29/201 8 Date of last payment: Defendant(s) against whom judgment is sought: MICHELLE NEVAREZ. Name of assignor if any: VEROS CREDIT. LLC Original seller: AUTO CARS 8: TRUCKS LOCATED AT SAN JOSE. CA Type of merchandise sold (+ vin # if applicable): 2015 NISSAN SENTRA S. 3N1AB7APXFY285598 Date of repossession: Low Blue Book value at time of resale: $0.00 Notice of intent to resell mailed on: Name of Purchaser at resale: Did defendant(s) demand a 10 day stay on sale? [X] No [ ] Yes (attach copy) Amount of original contract balance $_M (1) Amount of insurance add-on $ (2) Total of lines 1 and 2 $-11.705_.21 (3) Amount paid before assignment $ 0.00 (4) Amount of rebated unused Finance charge $_11M (5) Calculated as of what date Amount of rebated unused insurance charge $___Q.QQ (6) Total of lines 4 - 6 kw (7) Balance due: Subtract line 7 from 3 $4M (8) Balance due on contract, or amount of payoff (subtract line 9 from 8): $ 6,21 1 .90 (1 O) Total of unearned premium refunds: $ 9.90 (9) Repossession charges: $ Q,QQ (1 1) Reconditioning charges: $-_Q_QQ- (1 2) Payment Receivables: $ 2,188.64 (13) Late fees: $ 89.64 (1 4) Total of lines 11 - 14 $ 2.27828 (15) Balance due: Total of lines 10 and 15 $_ 8.499.18 (16) Amount received at sale: $ 0.00 (1 7) Credit(s) paid to you before suit: $ 0.00 (1 8) Total of lines 17 and 18: $ 9.00 (19) Total Balance Due: Subtract line 19 from 16: $ 3,499.18 (20) Amount of principal sued for: $ §,490.18 (21) Credit(s) paid to you after suit was filed: $ 0.09 (2 Amount claimed in default judgment as principal: (Subtract line 22 from line 20) $ 490. (amount of line 23 should match line 21) I declare under penalty of perjury under the Laws of the State oi California that the bre Dated; h , 1 o, u mow wmm. M? Loss \Lewueva Print Narfle and Title fignature CA_22A Deficiency Memo P&F File No. 2l-l638 Exhibit “1” RETAIL |NSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer NumberEL Contract Number R.0.s. NumberM Stock Numberjflfi- Buyer Name and Address Co-Buyer Name and Address Seller-Credimr (Name and Address) (Including Coumy and Zip Code) (Including County and Zip Code)lam ”ml! m C835 5 mm 6131 GIRDIBD m m0 I Ell cams 5mm 5M JOE! CA 95123 Sll 305! CA. 95126 SBIIA um (Mm-HQT (mm 235-12nn You, me Buyer (and Co-Buyer. H any). may buy the vehicle below for cash or on credit. By si ning this contract, you choose to buy me vehicle on credit under the a reemerns on the from and back of this contract. You a ree to pay the Seller- Crednor (sometimes “we or us" in this contract) me Amount financed and Finance Charge In S lunds according to the payment schedule below. e will figure your finance charge on a daily basis The Truth-|n«Lending Disclosures below are pan cl this contract New Make Used Year and Model Odometer Vehicle Identificalion Number Primary Use For Which Purchased .155” Personal. family or household unless otherwise indicated below. USED 2015 lam 7419-1 annnnpmzaasga E] business or commercial FEDERAL TRUTH-IN-LENDING DISCLOSURES NuncSTNATEMENT 05 |NSU§$N$fiEflNO ISOIIIS le 3530011 n0 a PEaggfikGE Slugggg FAltzgggg‘d Pgmlefls Togigle lhe purchase Elsa motorwmicle 1o purchase or negotiatemai'r‘lg RATE The dollar The gmounl of The amount you The total c031 of mumpgggnu gimfgfloinggymm mgfifl‘s'hm g The oosg o! amoupt me credit provlded wnll have paid after your purchasg on 0mm cmdiLYOW dads”, m my o,m buy 0mg, insumnw your credit as credit wull to you or you have made all credn. Including Wmm be a hm, in m9 mun approvalpm a yearly rate. cost you. on your behalf. psagrrgedztlggs giugdgrlgf 130$ _ on . Vehlcle Insuraggne Premium 1a -990 % s 4832 .16 (e) s 12113 mg s 17105 31(5) $ 19005 11(6) s IlaMW”. Fm,“M _m s Ila (e means an esfimate s Ill paganism _Mns 5 III voun mvmem scHEDULE WILL as: WWW, $ I Am“: _Mm s Numbev ol Payments: Amount of Payments: When Paymenls Ara Due: prom Damage s Elma,” W Mos s "AWW8” 500.00 07/06/2013 MMI-lL-h -_Mos LELA- IIA _ Mu s l/A one Pflymfl“ 0' 200 _an 07/20/2019 Total Vehicle Insurance Premiums $ "IA UNLESS A CHARGE IS INCLUDED IN THIS AGHEWENT FOR One paymem o, Puauc LIABIuw on mopem DAMAGE msunmce, PAVMENT “[3 FOR SUCH COVERAGE IS NOT PROVIDED EV THIS MREEMHJT. Monwy beginning {“"flcfimmiflfimfifflgwmflw 42 395 . 47 03/13/18 are not [equirad m uy any 0th insurance Io obtainum Buy'er °°*’"’°' Ona final payment 395 - 4., 2/13/22 Sellarx A Late Charge. ll paymam is n01 renaivad in lull within ID days aflar'rtisdue. you will pay a law marge o1 5% ofma pan 01 the paymem matlslala. 0mm“ Dam é {4 magma": A dam Prepayment. 11 you pay eafly. you may be charged a rnlrdmurn finance charge. cancellation agreement required 1n oblain cred'n and will Security lnlurest. You are anasecuflfflmsreslin the vehicle Using pumhmd. nol ha pmvided unless you sign balm and agree lo pay the MdllInml Inlarmflon: Sse miscomm 1m more miormafiun Indmirg mfnrnatian aboul nonpayment damn. any required repaymanl in lull bsime em charge. I1 you choose Io buy debi mnoellaflon. 1he charge 111a schaduied dam, minimum finance charges, and sacumy interasL is shown'In item 11(01 me herniation 01 Amount finanwd. See your debt cancellation agreement lo: details on Ma terms and NEMIZATION 0F THE AMOUNT FINAncED (Seller may Imp pan o1 the amoums paid to others.) wnflions i! pmvidas It is a pan 0| this mmm- 1. Tmal Cash Pm Term .43_Mos.-,_ A. Cash Pdce of MoIor Vehicle and Accessories $m (A) Dem cmmnamn “meme"! 1. Cash Prim Vehide S1__0-995_ no I want to bu a de camellallon reemem. 2. Cash Prloe Accessorles $_HZA_ Buyer Slgns 3. Other (Nomaxabla) Dam s ELA- Sfrl'hEQ'efikeEfifiémfifvfi‘filflmflemm}; Desctibe s KIA companyfies) to; jhe term(s shown below for the B. Document Processing Charge (not a governmsmal tee) $ 65 - on (B) “mew Show" m "em u' C. Emissions Testing Charge (nut a govammamal fee) $_ELA(C) I1 Company - D. (Optional) Then Deterrem Device(s) Term35- Moa orM Mites 1. (paid to) I/A s m (D!) 12 company 2. (paid to) m $ JAM) Term _!LA__ Mus. o:4L Miles 3. (pazdto) m $ E&(Da) Ia Company E. (Optional) Surface Pmacfion Product(s) Tenn_llA_ Mos. or_IL Miles 1. (paid m) W $ IANEU IA eampany_ 2. (paid to) s ILMEZ) Term _ll_A_ Mos, or_llL Miles F. EV Charging Station (paid to) $ mm 15 Company.____-__. G, Sales Tax (on mama items in A through F) $Mm) Tann Mos or mes H. Electronic Vehicle Hegislrafion orTmnsfer Charge Buyer (m1 a governmental lee) (paid m) $ EIA (H) Trada-m Venicms) I, (Opfional) Service Contams) 1
