DeclarationCal. Super. - 6th Dist.April 30, 2021Claudia Gavrilescu, Esq. (CA Bar No. 333030) REESE LAW GROUP 3168 Lionshead Avenue Carlsbad, CA, 92010 Tel. No.: 760/842-5850 564970 Attorney for Plaintiff: WELLS FARGO BANK, N.A. 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT WELLS FARGO BANK, N.A. Case No. 21CV381264 12 13 14 15 16 17 V. TITA F ARAFILES Plaintiff Defendant(s) DECLARATION PURSUANT TO CCP 5 1033(b) 18 20 21 22 23 24 25 26 27 28 I, Claudia Gavrilescu, Esq., declare as follows: I am an attorney licensed to practice before all of the Courts of the State of California. I am one of the attorneys of record in this action for the above-captioned Plaintiff. All of the facts set forth hereunder are known to me personally, and if called upon to testify to the truth thereof, I could and would be willing to do so. I am employed by Reese Law Group, the attorneys of record for Plaintiff WELLS FARGO BANK, N.A. (hereinafter "Plaintiff') who has brought this lawsuit against Defendant TITA F ARAF ILES (hereinafter "Defendant" ). 2. I have been primarily responsible for monitoring and prosecuting this action on behalf of Plaintiff. This Declaration is offered in support of Plaintiffs request for Court Judgment to include Plaintiff's costs pursuant to CCP g 1033. Declaration Pursuant to CCP g 1033(b) Case No. 21CV381264 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/23/2021 9:52 AM Reviewed By: D Harris Case #21CV381264 Envelope: 6704901 21CV381264 Santa Clara - Civil D Harris 3. Plaintiff could not have brought the action within small claims court because Plaintiff is a corporate entity, represented by counsel. Pursuant to CCP g 1033(b)(2), Plaintiff is limited to the actual cost of the filing fee, the actual cost of service of process, and, when allowed by law, reasonable attorney fees. 4. On March 24, 2021, pursuant to CCP g 1033(b)(2), a Demand Letter was mailed to Defendant. The Demand Letter informed Defendant of the intended legal action and the potential liability for Plaintiff's costs. A true and accurate copy of the Demand Letter is attached hereto as "Exhibit A". 10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 17, 2021 at Carlsbad, California. 12 13 Claudia Gavrilescu, Esq., Attorney for Plaintiff 15 16 17 18 20 21 22 23 24 25 26 27 28 Declaration Pursuant to CCP g 1033(b) Case No. 21CV381264 2 EXHISXT A. BIT . REESE LAW GROUP A Professional Law Corporation 3168 Lionshead Avenue Carlsbad, CA 92010 Telephone: 760/842-5850 Facsimile: 760/842-5865 March 24, 2021 TITA F ARAFILES C/0 NATIONAL DEBT RELIEF 11 BROADWAY f/1732 New York NY 10004 Re: Wells Fargo Bank, N.A. Our File Number: 564970 Claim: $ 15,413.54 Account Number Ending: ************003 1 Dear TiTA F ARAFILES: This law firm represents WELLS FARGO BANK, N.A.. Your file was forwarded to us for collection. The amount of your debt you owe to WELLS FARGO BANK, N.A. is $ 15,413.54. Please note that if a lawsuit is initiated to collect the claim amount, and if our client prevails, a judgment may be entered against you which may include not only the principal amount but also the cost of filing the lawsuit, the cost of serving the lawsuit and, when allowed by law, reasonable attorney's fees. We urge you to contact Michael Campbell, Ext. 256, a non-attorney collection assistant. Since ly Harlan M. Reese, Esq. This Communication is from a Debt Collector IMPORTANT LEGAL NOTICE FEDERAL NOTICE Unless you notify us, within 30 days after receipt of this notice, that you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid. If you notify us, in writing, within the 30 day period, that the debt or portion thereof, is disputed, we will obtain verification of the debt or obtain a copy of the judgment against you and a copy of such verification of the debt or judgment will be mailed to you. If you notify us, in writing, within 30 days following receipt of this notice, we will also provide you with the name and address of the original creditor, if different from the current creditor. This letter is an attempt to collect a debt and any information obtained will be used for that purpose. CALIFORNIA NOTICE The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats ofviolence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.
