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 CV381259 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 6:45 AM Reviewed By: A. Villanueva Case #21 CV381 259 Envelope: 741 7215 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA CIVIL DIVISION TD BANK USA, N.A., Plaintiff, V. ADRIAN L SANTOS, and DOES 1 through 15, inclusive, Defendant(s). Case N0. 21CV381259 PLAINTIFF'S DECLARATION/ AFFIDAVIT 1N SUPPORT 0F DEFAULT JUDGMENT [C.C.P. §585 (d)] P&F File N0. 20-15 103 DD- law TD BANK USA, N.A. (as successor in interest to Target National Bank) PLAINTIFF VS. ADRIAN L SANTOS DEFENDANT(S) AFFIDAVIT State of Minnesota ) ) ss. County of Hennepin ) I, David C Wilson, being first duly sworn, depose and say: 1. My name is David C Wilson. Iservc as a custodian 0f records for Target Enterprise, Inc. (“TEI”) and am duly authorized by PlaintiffTD Bank USA, N.A. (“TD Bank USA”) to make the following representations. 2. ADRIAN L SANTOS’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 right 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 0fmaj ority) 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 information 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 0f those stored. Plaintiff requests that they be accepted in lieu of originals. 6. Ihave reviewed the records and documents relating to ADRIAN L SANTOS’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 ofbusiness at or near the time of the events to which they relate. 7. Upon my personal review ofADRIAN L SANTOS’s account, the business records reflect that: (a) (b) (C) (d) (e) (f) ADRIAN L SANTOS is an adult (having reached the age ofmajority) and neither PlaintiffTD Bank USA nor TEI has been notified that ADRIAN L SANTOS is not competent to enter into a binding contract; On 7/19/2015, ADRIAN L SANTOS opened a credit-card account with Plaintiff TD Bank USA, and the account has an account number ending in 9847; ADRIAN L SANTOS charged purchases and/or cash advances to that account; A payment on ADRIAN L SANTOS’s credit-card account was last received in the amount of$ gal” on b7 / /‘/ //7' ADRIAN L SANTOS has breached its contract and the credit-card account is in default. On 02/1 6/20 the credit-card account was charged-off. On the date the credit-card account was charged-off, the account balance was $2,323.7 1; and As of the date of this affidavit, ADRIAN L SANTOS is indebted t0 PlaintiffTD Bank USA owing a balance of $2,323.71 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 credit-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 ADRIAN L SANTOS. 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 ofTEI as servicer for PlaintiffTD Bank USA, that the contents ofthe foregoing affidavit are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. AZWD Name: Dav'id C Wilson Custodian ofRecords Target Enterprise, Inc. 9/3/3/ Date The foregoing was sworn t0 before me and subscribed in my presence this 32 day of gégkmé/ , 20g. :szfi A E}.4% POR C CHANG ' .. E? Netary Public§ g a Stare of Minnesota Kc” "(é fv’wCommlssion Expires '\C Jammy“. 2023 g Seal Mme c > My commission expires on //7/g? . / / LNOM TARG ETm REDcard Ending in: 9847 Account Identification Number: 00056620171 ADRIAN L SANTOS Summary of Account Activity Previous Balance $2,284.71 Payments and Other Credits -$0.00 Purchases and Other Debits +$0.00 Cash Advances +$0.00 Past Due Amount $660.00 Fees Charged +$39.00 Interest Charged +$0.00 New Balance $2,323.71 Total Credit Limit $0.00 Cash Limit $0.00 Available Credit $0.00 Portion Available for Cash $0.00 The Cash Limit is a portion of the Total Credit Limit Statement Closing Date 2/16/2020 Days in Billing Cycle 31 *OOOOO* Statement Closing Date: February 16, 2020 Page 1 of 2 Payment Information New Balance $2,323.71 Minimum Payment Due $2,323.71 Payment Due Date 3/13/2020 If you would like information about credit counseling services, call 1-800-991-8433. For questions, an address change or to report a lost or stolen card, go online or call us: Manage My REDcard Target.com/myREDcard Target Card Services 1-800-424-6888 TDD/TDY 1-800-347-5842 Outside the U.S. 1-612-815-9922 (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. 13 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 9847 Account Identification Number 00056620171 |||||||||||||||||||||||||||||||||| $232371 Minimum Payment Due $2,323.71 NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. TARGET CARD SERVICES P.O. BOX 660170 DALLAS TX 75266-0170 Payment Due Date March 13, 2020 Amount Enclosed $ OFFICE copv ADRIAN L SANTOS 8355 SPRINGDALE CT GILROY CA 95020-4528 'II||Il'III"II||II'||-'I"|-II"'|I'-I'"I'|"'||'|||"'||'|'II| - L}flflDEflDEBEBTLDEBEBTL‘IDTTTTDDDELLEDLTL771; TARGETm ||||||| ||||| ||| || ”lm II" |||| *OOOOO* REDcard Ending in: 9847 Account Identification Number: 00056620171 Statement (nosing Date: February 16, 2020 ADRIAN L SANTOS Page 2 of 2 Transactions (cont) 2020 Totals Year-to-Date Total fees charged in 2020 $78.00 Total interest charged in 2020 $46.14 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% $228974 $0.00 Cash Advances 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. 56620171
