EvidenceCal. Super. - 6th Dist.April 30, 2021A OLOOONOUO‘l-bQDN 21 CV381264 Santa Clara - Civil Claudia Gavrilescu, Esq. (CA Bar N0. 333030) REESE LAW GROUP 3 168 Lionshead Avenue Carlsbad, CA, 92010 Tel. No.2 760/842-5850 Attorney for Plaintiff: WELLS FARGO BANK, N.A. V. Castaneda Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/20/2022 5:43 AM Reviewed By: V. Castaneda Case #21 CV381 264 Envelope: 8094959 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT WELLS FARGO BANK, N.A., Plaintiff, V. TITA F ARAFILES, Defendant(s). Case N0. 21CV381264 EVIDENCE SUBMITTED IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION Date: Time: Dept: 1 Assigned Judge: Complaint Filed: April 30, 2021 Trial Date: May 23, 2022 TABLE OF CONTENTS Summons and Complaint Proof 0f Service 0f Summons and Complaint ....... ExhibitA ............................................ Exhibit B EVIDENCE SUBMITTED IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE Case N0. 21CV38 1264 EXHIBIT A 21CV381264 Clerk of Court4/30/2021 4:08 PM E-FILED 4/30/2021 4:08 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381264 Reviewed By: R. Guillermo Envelope: 6356490 R. Guillermo SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AV/SO AL DEMANDADO): TITA F ARAFILES, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): WELLS FARGO BANK, N.A. SUM-100 FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. iA VISO! Lo han demandado. Si no responde dentro de 30 dfas, la corte puede decidir en su contra sin escuchar su version. Lea la informaci6n a continuaci6n. Tiene 30 DIAS DE CALENDAR/O despues de que le entreguen esta citaci6n y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una 1/amada telef6nica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la carte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de /eyes de su condado o en la carte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de la carte que le de un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso par incumplimiento y la carte le podra quitar su sue/do, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado, puede 1/amar a un servicio de remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniendose en contacto con la carte o el colegio de abogados locales. A VISO: Par fey, la carte tiene derecho a reclamar las cuotas y /os costos exentos par imponer un gravamen sabre cualquier recuperaci6n de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la carte pueda desechar el caso. The name and address of the court is: (El nombre y direcci6n de la carte es): I CASE NUMBER: (Numero def Caso): Superior Court of California, County of SANTA CLARA 191 North First Street, San Jose, CA 95113 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero de telefono def abogado def demandante, o def demandante que no tiene abogado, es): Harlan M. Reese, Esq. (CA Bar No.: 118226), REESE LAW GROUP 3168 Lionshead Avenue, Carlsbad, CA 92010 (Tel. 760/842-5850, File No. 564970) DATE: Clerk, by (Fecha) (Secretario) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) , Deputy (Adjunto) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010).) [SEALJ --~~~ NOTICE TO THE PERSON SERVED: You are served 1. C:=J Form Adopted for Mandatory Use Judicial Council of California SUM-100 [Rev. July 1, 2009] 2. C:=J 3. C:=J Under: C:=J as an individual defendant. as the person sued under the fictitious name of (specify): on behalf of (specify): C:=JccP 416.10 (corporation) C:=J CCP 416.20 (defunct corporation) C:=Jccp 416.40 (association or partnership) C:=J other (specify): by personal delivery on (date) SUMMONS C:=JccP 416.60 (minor) C:=JccP 416.70 (conservatee) C:=Jccp 416.90 (authorized person) Page 1 of 1 Code of Civil Procedure§§ 412.20, 465 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 4:08 PM Reviewed By: R. Guillermo Case #21CV381264 Envelope: 6356490 21CV381264 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Harlan M. Reese, Esq. (CA Bar No. 118226) REESE LAW GROUP 3168 Lionshead Avenue, Carlsbad, CA 92010 564970 TELEPHONE NO.: 760/842-5850 FAX NO. (Optional): 760/842-5865 ATTORNEY FOR (Name): WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND zIPcoDE: San Jose, CA 95113 BRANCH NAME SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT CASE NAME: WELLS FARGO BANK, N.A. v. TITA F ARAFILES, CIVIL CASE COVER SHEET c::J Unlimited CX] Limited Complex Case Disigrtion Counter Joinder CM-010 FOR COURT USE ONLY CASE NUMBER: (Amount (Amount demanded Demanded is exceeds $25,000) $25,000) Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) JUDGE: DEPT.: Items 1-6 below must be completed (see instructions on paqe 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract C:J Auto (22) C:J Breach of contract/warranty (06) CJ Uninsured motorist (46) [TI Rule 3.740 collections (09) Other Pl/PD/WO (Personal Injury/Property r----7 Other collections (09) ~e/Wrongful Death) Tort L__J L__J Asbestos (04) CJ Insurance coverage (18) CJ Product liability (24) CJ Other contract (37) CJ Medical malpractice (45) Real Property CJ Other Pl/PD/WO (23) CJ Eminent domain/Inverse Non-Pl/PD/WO (Other) Tort condemnation (14) CJ CJ Business tort/unfair business practice (07) CJ Wrongful eviction (33) Civil rights (08) CJ Other real property (26) CJ Defamation (13) CJ Fraud (16) CJ Intellectual property (19) CJ Professional negligence (25) CJ Other non-Pl/PD/WO tort (35) Employment CJ Wrongful termination (36) CJ Other employment (15) Unlawful Detainer CJ Commercial (31) CJ Residential (32) CJ Drugs (38) Judicial Review CJ CJ CJ CJ Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Other judicial review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) CJ Antitrust/Trade regulation (03) CJ CJ Construction defect (10) Mass tort (40) CJ Securities litigation (28) CJ Environmental/Toxic tort (30) CJ Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment CJ Enforcement of judgment (20) Miscellaneous Civil Complaint CJ RIC0(27) CJ Other complaint (not specified above) (42) Miscellaneous Civil Petition CJ Partnership and corporate governance (21) CJ Other petition (not specified above) (43) 2. This case ~ is [!] is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ~ Large number of separately represented parties d. ~ ~ Large number of witnesses b. ~ Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more c.~ issues that will be time-consuming to resolve Substantial amount of documentary evidence 3. Remedies sought (check all that apply): a. [!] monetary 4. Number of causes of acr on (recify): 2 5. This case ~ is X is not a class action suit. courts in other counties, states, or countries, or in a federal court f. ~ Substantial postjudgment judicial supervision b. ~ non monetary; declaratory or injunctive relief c. ~ punitive 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: April 23, 2021 Harlan M. Reese, Esq. TYPE OR PRINT NAME) NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. July 1. 2007] CIVIL CASE COVER SHEET Pa!le 1 of 2 Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3. 740; Ca!. Standards of Judicial Administration, std, 3, 1 O www.courts.ca.gov INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WO (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WO (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WO Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WO Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 (Rev. July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner A eals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) ( 41 ) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page2 of2 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 4:08 PM Reviewed By: R. Guillermo Case #21CV381264 Envelope: 6356490 21CV381264 Santa Clara - Civil R. Guillermo 21CV381264 Harlan M. Reese, Esq. (CA Bar No. 118226) REESE LAW GROUP 3168 Lionshead Avenue Carlsbad, CA 92010 Tel. No.: 760/842-5850 Attorney for Plaintiff: WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT WELLS FARGO BANK, N.A. Case No.: Plaintiff, DECLARATION OF VENUE V. TITA F ARAFILES, Defendants I am one of the attorneys of record for plaintiff. The following information is known to me personally and if called to testify I could and would be willing to do so. This Court is the proper venue because: D The contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street City, Zip Code [K] At least one defendant resides in this judicial district. The address of the defendant is: 1332 LEEWARD DR, SAN JOSE, CA, 95122 Street City, Zip Code This action is subject to: [K] Civil Code section 1812.10 D Civil Code section 2984.4. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Date: April 23, 2021 E-L,4iZ- Harlan M. Reese, Esq. Attorney for Plaintiff Declaration of Venue Electronically filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 4:08 PM Reviewed By:R. Guillermo Case #21CV381264 Env #6356490 21CV381264 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Harlan M. Reese, Esq. (CA Bar No. 118226) REESE LAW GROUP 3168 Lionshead Avenue Carlsbad, CA 92010 564970 TELEPHONE NO. 760/842-5850 FAX NO. (Optionalj. 760/842-5865 E-MAIL ADDRESS (Optional): ATTORNEYFOR/Name):WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDREss: 191 North First Street MAILING ADDREss: 191 North First Street cITY AND zIPcoDE San Jose, CA 95113 BRANCH NAME SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT PLAINTIFF: WELLS FARGO BANK, N.A. DEFENDANT: TITA F ARAFILES, ~DOES1 TO CONTRACT IT] COMPLAINT D AMENDED COMPLAINT (Number): ~ CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply}: [KJ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000 IT] exceeds $10,000 but does not exceed $25,000 LJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) LJ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint D from limited to unlimited D from unlimited to limited 1. Plaintitr (name or names): WELLS FARGO BANK, N.A. alleges causes of action against defendant* (name or names): TITA F ARAFILES, CASE NUMBER: 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult [J[J Except plaintiff (name): Same as paragraph "1" above. (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): FOR COURT USE ONLY (3) [J[J other (specify): Plaintiff is a National Banking Association organized under the National Banking Act, Title 12 of The United States Code. 4. b. D Plaintiff (name): a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name (specify): --=-- has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. a. Each defendant named above is a natural person except defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) (5) a public entity (describe): other (specify): except defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) (5) a public entity (describe}: other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of2 Form Approved for Optional Use Judicial Council of California PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Code of Civil Procedure, § 425.12 PLD-C-001 SHORT TITLE: WELLS FARGO BANK, N.A. v. TITA F ARAFILES, 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. CASE NUMBER: (1) Doe defendants (specify Doe numbers): _________ were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) LJ Doe defendants (specify Doe numbers): _________ were the agents or employees of the named defendants and acted within the scope of that agency or employment. c. LJ Information about additional defendants who are not natural persons is contained in Attachment 4c. d. LJ Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. LJ Plaintiff is required to comply with a claims statute, and a. LJ has complied with applicable claims statutes, or b. LJ is excused from complying because (specify): 6. [XJ This action is subject to [XJ Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. LJ a defendant lived here when the contract was entered into. c. [XJ a defendant lives here now. d. LJ the contract was to be performed here. e. LJ a defendant is a corporation or unincorporated association and its principal place of business is here. f. LJ real property that is the subject of this action is located here. g. D other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common Counts Other (specify): 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $15,413.54 b. interest on the damages (1) LJ according to proof (2) D at the rate of (specify): percent per year from (date): c. [XJ attorney's fees (1) D of:$ (2) [XJ according to proof d. [XJ Other (specify): Plus costs of suit. Minus any payments made that have not yet been credited. 11. LJ The paragraphs of this pleading alleged on information and belief are as follows Date: April 23, 2021 Harlan M. Reese, Esq. (TYPE OR PRINT NAME) PLD-C-001 [Rev. January 1, 2007] (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) COMPLAINT-Contract Page 2 of 2 SHORT TITLE: WELLS FARGO BANK, N.A. v. TITA F ARAFILES, CASE NUMBER: FIRST CAUSE OF ACTION-Breach of Contract (number) ATTACHMENT TO W Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): As stated in paragraph/section "1" above. alleges that on or about (date): July 19, 2013 a [KJ written D oral D other (specify): agreement was made between (name parties to agreement): Defendant and Plaintiff or Plaintiff's assignor set forth in "Exhibit 1" attached hereto. [KJ A copy of the agreement is attached as Exhibit 1, or PLD-C-001(1) D The essential terms of the agreement D are stated in Attachment BC-1 D are as follows (specify): BC-2. On or about (dates): Various dates after the contract was executed. defendant breached the agreement by the acts specified in Attachment BC-2 [KJ the following acts (specify): Failing to pay as agreed. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as stated in Attachment BC-4 [KJ as follows (specify): Damage in the amount of $15,413.54 BC-5. [KJ Plaintiff is entitled to attorney fees by an agreement or a statute D of$ [KJ according to proof. BC-6. [K] Other: Plus costs of suit. Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use Judicial Council of California PLD-C-001(1) [Rev. January 1, 2007] CAUSE OF ACTION-Breach of Contract Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-C-001 (2) SHORT TITLE: WELLS FARGO BANK, N.A. v. TITA F ARAFILES, SECOND (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO [KJ Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): As stated in paragraph/section "1" above. alleges that defendant (name): became indebted to [KJ plaintiff D other (name): a. [KJ within the last four years ( 1) [KJ on an open book account for money due. CASE NUMBER: (2) [KJ because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [KJ within the last D two years [KJ four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of$ the reasonable value. ---- (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [KJ the sum of $15,413.54 D the reasonable value. (4) [KJ for money lent by plaintiff to defendant at defendant's request. (5) [KJ for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) D other (specify): CC-2. $15,413.54 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest from (date): according to proof at the rate of _____ percent per year CC-3. [KJ Plaintiff is entitled to attorney fees by an agreement or a statute of$ [KJ according to proof. CC-4. [KJ Other: Plus costs of suit. Minus any payments made that have not yet been credited. Form Approved for Optional Use Judicial Council of California PLD-C-001 (2) [Rev. January 1, 2009] CAUSE OF ACTION-Common Counts Page _______ _ Page 1 of 1 Code of Civil Procedure,§ 425.12 www.courtinfo.ca.gov VERIFICATION I, Harlan M. Reese, Esq., declare: 1. I am an attorney at law admitted to practice before all courts of the State of California, and have my office in San Diego County, California; and am the attorney for Plaintiff in the above-entitled action. 2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent from the county in which I have my office, and for that reason, affiant makes this verification on Plaintiff's behalf. 3. I have read the foregoing Complaint. The allegations pertaining to venue and the nature of the action are true. All other allegations are true based on information and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed on April 23, 2021 ----------- at Carlsbad, California. Harlan M. Reese, Esq. Exhibit 1 xhibit EXHIBIT 1 ■ Consumer Credit Card Customer Agreement & Disclosure Statement Visa Signature® our card terms and conditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog: Read Section 34 about interpreter certification before you activate your credit card. Lea la Secci6n 34 sobre certificaci6n de interprete antes de activar su tarjeta de credito. ~EG#ffl■ffl~~n~~■ 34W~r~~~-~J 0 ,1-l"8-f.9.I {.!%7'f-'=.~ ~{:J:!2:f"8-f}-IJI ~OJI ~~Af <2.!"5'0JI t:1-~ 34~~ ~S2.Al71 t:lfigLICf. Hay dQC Phan 34 ve xac nh~n thong djch vien tnioc khi quy vj kfch ho9t the tfn d1,mg cua mlnh. Basahin ang Seksyon 34 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo i-activate ang iyong credit card. your card account ("Account") includes the Credit Card Agreement ("Agreement"), the Important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, N.A. and each Account holder. You and any joint Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Page 1 A rate, shown as a percentage, Annual used to calculate interest on the Percentage Rate balance on your Account. (APR) The time period between Billing Cycle or billing statements. Each billing Billing Period statement shows a statement closing date which is the last day of the Billing Cycle. The transfer of a balance from Balance Transfer another credit account to your Account, including the use of a check that accesses your Account. Any cards we issue to you or any Card devices we allow you to use to access credit on your Account. Use of your Card to get cash. Cash Advance Examples include using your card for Cash Advances through an ATM, bank teller or Wells Fargo Online, Overdraft Protection advances, Balance Transfers, or cash-like purchases such as money orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off- track wagers, other wagers, vouchers redeemable for cash or similar items. A device, other than your Card, Credit like SUPERCHECKS™ and mobile Access Device devices, that we allow you to use to access credit on your Account. A summary of your Account's Important Terms APRs, fees and other important of Your Credit information. Card Account The total amount you owe as of a New Balance statement closing date. The sum of all unpaid amounts, Outstanding including Purchases, Cash Balance Advances, Balance Transfers, interest, fees and any other amounts that you may owe us. The date the Minimum Payment Payment Due is due. It will be at least 25 days Date from the statement closing date and will be provided on your billing statement. Use of your Account to buy or Purchase lease goods or services. Cash Advances, Balance Transfers and cash-like transactions are not Purchases. Tax payments and associated fees are Purchases. This is the amount that is Revolving Line Of available for your use. Credit Wells Fargo Bank, N.A. We, Us, and Our The Account holder(s) who You and Your opened the Account. Page 2 (3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or mailing address you provide for any Wells Fargo account or at any number that you call us from or at any number that we obtain by other means. Your consent allows us and any companies working on our behalf to service your account, to use any means to contact you including: automated dialing devices, prerecorded/artificial voice messages, mail, e-mail, text messages, push notifications, and calls to your cell phone, or any other data or voice transmission technology. You are responsible for any service provider charges you may incur as a result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans. You will promptly notify us if you change any contact information, including your name, mailing address, e-mail addresses, or phone numbers. If you have a joint Account, a notice to one of you will serve as a notice to both of you. We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor and record any calls between you and us. may use your consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we allow. You promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business. We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device. We may decline any transaction at any time. Your credit card may not be used to make a payment on any other Wells Fargo credit account. Cash Advances from ATMs. Cash Advances from ATMs may be limited by amount or frequency. The ATM owner may have additional restrictions. If the ATM owner charges any fee, that fee will be included as part of the total Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo checking account. To cover an overdraft on a linked Wells Fargo checking account, we will advance the greater of • the amount of your overdraft; or • $25.00 Except if • the amount of available credit on your Card is less than the amount of the overdraft or less than $25.00, we will then advance the amount of available credit. The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and fees may cause your Account balance to exceed your revolving line of credit. If there is more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection, then: Page 3 • You will be responsible for all overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and • You agree to allow us to disclose to any other person on your checking account, that this Card is linked to your checking account for overdraft protection. We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason. Credit Access Devices. SUPERCHECKS can be used to access your Account similar to writing a check on a deposit account. SUPERCHECKS checks will post as a Balance Transfer only when they are included with a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance. They will include transaction fees and interest. Some restrictions apply to SUPERCHECKS: • They may not be written as payment on any Wells Fargo account. • They may be used only by the person whose name is printed on the check. • They must be written in U.S. dollars. • They cannot be certified. • You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS check. • We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHECKS check or advance at our discretion. Third Party/Mobile Devices. You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as, through a mobile wallet, which could be used for purchases or other transactions without presenting the card. Any such Transactions are covered by this Agreement. We have no control over the device and cannot guarantee the performance of the device. Additionally: • You should protect the security of the device the same as your credit card or other valuable information. • There may be third party fees related to the transaction such as mobile carrier data or messaging charges. • We may, at any time, partially or fully restrict your ability to make credit transactions through a third party/mobile device. You agree to notify us promptly if you remove or want to remove your Account information from any third party/mobile device. (5) Authorized Users. If you wish to have an additional Card issued in another person's name, please contact us and we will send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payment of the entire amount owed to us, including any Purchases, Page4 Balance Transfers or Cash Advances (and all related interest and fees) made by the authorized person. Ending Authorized User Privileges. If you want to end an authorized user's privilege to use your Account, you must: • Recover and destroy that person's Card. If you do not, you will continue to be liable for any charges made, even if you've advised us of your wish to cancel the privileges, unless you tell us to cancel all Cards and establish a new Account for you. • You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des Moines, IA 50306. In general, an authorized person is not obligated on this Account and is not liable for any Outstanding Balance or any other charges made by you or by any other authorized person. In the event of the death of all fully liable cardholders, authorized users' privilege ends automatically. After that, if any person uses the Card, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize. You agree to notify each authorized person that they are subject to all applicable sections of this Agreement. Information about Authorized Users. You agree to give us certain personal information about each authorized user. You must have permission from each authorized user allowing you to give us that personal information. This may include name, address, social security number, date of birth and citizenship. (6) Lost or Stolen Cards and Liability for Unauthorized Use, and Zero Liability Protection. You must notify us immediately if your Card or account information is lost or stolen, or if you believe it's being used without your permission. You may contact us by phone at 800-642-4720 or in writing at Wells Fargo Card Services, PO Box 10347, Des Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this and we find you not responsible, you will not be held liable for the unauthorized use of your Account. (7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total amount of the Purchases, Cash Advances, and Balance Transfers, plus all interest, fees and other amounts that you may owe us. We may limit or close your Account, but the terms of this Agreement will apply until you pay the Account in full. (8) Revolving Line of Credit. We may assign the following limits to your Account: Cash Advance Limit. We may restrict the amount of your revolving line of credit that can be used for Cash Advances. Your total revolving line of credit will be provided with your Credit Card and shows on each of your billing statements. You promise to use your Account only to the limits. If you exceed your total revolving line of credit, we may allow the transaction without increasing your total revolving line of credit or deny the transaction. If we allow the transaction, we may treat that over limit amount as due with the minimum Page5 payment on your next statement. If you exceed the limits, you will still remain liable for all credit you receive. We can adjust your revolving line of credit at any time, including automatic credit line increases for those who qualify. (9) Authorizations. We don't guarantee approval of transactions. We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. If you engage in abuse, misuse or gaming in connection with earning or using points or attempt to do so, we may close or restrict your Wells Fargo credit card(s). Abuse, misuse or gaming includes, but is not limited to, making multiple purchases and multiple payments during a billing cycle whereby the dollar amount for each purchase in the aggregate substantially exceeds your revolving line of credit. We also may limit the number of authorizations we allow during a period of time. Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts greater than the actual Purchase amount. This will make less credit available on your Account for several days, usually until the date the actual Purchase amount is received from the merchant. If you give your credit card information to a merchant to bill your account for recurring payments, or to keep it on file for future purchases or payments, and your card number, expiration date, or security code changes, you should notify the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchants that participate in such services will receive updated card information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card information when your card information changes. You should always provide each merchant with your new card information because some merchants do not subscribe to such network services. may Agreement at any time. These changes may apply to existing and future balances. We will give you advance written notice of the changes and a right to reject the changes if required by law. We may require you to close your Account or take other actions if you reject the changes. may your account. If they do apply, you will find the amount in the Important Terms of Your Credit Card Account. You agree to pay any fees that apply. • Annual Fee. If your account has an annual fee it will be charged each year your account is open. The annual fee will not be billed after your Account is closed. • Balance Transfer Fee. This fee may be charged on a Balance Transfer transaction. Page 6 • Cash Advance Fee. This fee may be charged on a Cash Advance from your Account. • Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you. • Foreign Currency Conversion Fee. If you make a transaction in a foreign currency, Visa will convert it into a U.S. dollar amount. A foreign currency conversion fee may be charged when this is done. • Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. • Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid. • Rush Plastic Fee. This fee may be charged if you requested expedited delivery for your credit card. Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance, except Cash Advance fees and Overdraft Protection fees which will be added to the Cash Advance balance on your Account. (12) Foreign Currency Transactions. If you make a transaction in a currency other than U.S. dollars using a Visa Card, then Visa International "Visa" will convert the charge into a U.S. dollar amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is posted to your Account. Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having Card transactions converted to U.S. dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined solely by the merchant involved in the transaction, and no foreign currency conversion fee is charged by the bank for the transaction. (13) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The Important Terms of Your Credit Card Account list the APRs that apply to different types of balances. Introductory Rates. Your account may be eligible for introductory rates. This would be described in the Important Terms of Your Credit Card Account. If you are offered a promotional rate after your account is opened, the terms will be provided at that time. After any introductory or promotional rates expire, the remaining balances will be subject to the applicable Standard or Standard Variable APR terms. How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary based on the U.S. Prime Rate plus the applicable Page 7 "Margin". See the Important Terms of Your Credit Card Account for the "Margin" on Purchases, Balance Transfers, Cash Advances, and overdraft protection advances, and daily periodic rates that apply to your Account. For each Billing Period, we use the U.S. Prime Rate or the average of the U.S. Prime Rates (if there is more than one) published in the "Money Rates" column of The Wall Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is no longer published or is not available, we may select a similar index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment due. If the APR changes due to a change in the U.S. Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing Cycle. The APR will continue to vary even if your Account is closed. Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the market based on the U. S. Prime Rate. However, we may change the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rates that apply to your account are listed in the Important Terms of Your Credit Card Account. Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable APR by 365. {14) Minimum Interest Charge. Your account may have a Minimum Interest Charge. See The Important Terms of Your Credit Card Account for the applicable charge. {15) When we Charge Interest. For most transactions, interest will be charged beginning on the date a transaction is made on your account. We charge interest on a fee beginning on the first day of the Billing Cycle following the Billing Cycle in which the fee posted to your Account. {16) Here's how and when specific Transactions, fees and credits are applied: • We add the amount of a Purchase or Balance Transfer to the Purchase balance as of the transaction date shown on your statement. • We add Balance Transfer fees to the Purchase balance as of the transaction date shown on your statement. • We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown on your statement. • We add Cash Advance Fees to the Cash Advance balance as of the transaction date shown on your statement. • We add the amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction date shown on your statement. {17) How we Calculate Interest. We begin by calculating the daily balance of each Transaction category. Next we calculate the Average Daily Balance (ADB). Finally, we calculate the interest. See each section below for details. 1. Calculating the daily balance: the daily balance is calculated separately for each Transaction category. We start with the daily balance from Page 8 the end of the previous day. We add in any new Transactions and other charges, including interest accrued on the previous day's balance. This means interest is compounded daily. We then subtract any payments or credits. Example for the Purchase Transaction category: Daily balance for purchases from the previous day + New purchases + Fees and interest accrued on the previous day's Transaction category balance - Payments, credits and adjustments that posted that day = New daily balance for Purchases 2. Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing Cycle starting with the beginning balance of the first day of the Billing Cycle. This beginning balance will include any unpaid fees from the previous Billing Cycle and any late fees incurred during the current Billing Cycle. Any daily balance that is a credit balance is treated as zero. We divide this amount by the number of days in the Billing Cycle. ADB = sum of daily balances -;- number of days in the Billing Cycle 3. Interest Calculation: we calculate the interest charge for each type of balance by applying the daily periodic rate to the ADB and multiplying this by the number of days in the Billing Cycle. Interest Charge = daily periodic rate x ADB x number of days in Billing Cycle (18) Grace Period. To avoid paying interest on new Purchases you have to pay your entire New Balance by the Due Date on your statement each Billing Period. You cannot avoid interest on Cash Advances or Balance Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing statement. you a on your account you will receive a billing statement. Your billing statement will show your Minimum Payment due and the Payment Due Date. (20) Payments. You may pay all or part of your Account balance at any time, but you must pay the Minimum Payment, disclosed on your billing statement, by the Payment Due Date. Minimum Payment. Your Minimum Payment Due includes any amount past due plus the greater of: 1. The sum of late, returned check, returned payment, rush plastic, and annual fees and interest billed during the Billing Cycle for which the Minimum Payment is calculated plus 1 % of the New Balance shown on the billing statement; or 2. $25.00 (or the entire balance on the Account if the New Balance is less than $25.00). We require you to pay any amount over the limit of your credit card account. However, that amount is not included in your Minimum Payment Due. Page9 The Minimum Payment is rounded-up to the next highest whole dollar amount. Credits will not be used to meet the Minimum Payment. Payment Instructions. Follow these instructions when making a payment: 1. You must pay in U.S. dollars. 2. Payment must be made with a personal check, money order or cashier's check and must be issued by a bank in the United States. 3. Electronic payments are accepted. 4. Do not mail cash. If you mail your payment, please mail to the payment address provided on your billing statement using the envelope and payment coupon enclosed. Payments received by 5:00 p.m. at the location your payment is mailed to will be credited as of the date of receipt. If received after 5:00 p.m. they will be credited on the following day. Payments made through Wells Fargo Online Banking at wellsfargo.com will be credited based on the cutoff time disclosed at the time of the transaction. If you do not follow these instructions your payment may not be credited for up to five days after we receive it. Checks or other paper documents may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. In this case, the original check or other document that you send to us will not be retained, but a copy would be available if requested. Some of your available line of credit may be held, at our discretion, until your payment is honored. You cannot pay this account using a Wells Fargo Bank, N.A. credit or loan account or any Wells Fargo affiliated company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment on this Account. Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases) before balances with higher APRs (such as Cash Advances). Payments made in excess of the Minimum Payment will be applied to balances with higher APRs first before balances with lower ones. We post payments to the Billing Cycle within which they are received. Any payment in excess of the Minimum Payment due is applied based on the balances reflected on your last billing statement. Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding Balance, payments must be sent to: Wells Fargo, P.O. Box 10311, Des Moines, IA 50306-0311. Please note that if we accept such payments we have every right to pursue full payment. Full. Your Account will be in and we may require immediate payment of your total Account if: • You fail to pay a Minimum Payment by the Payment Due Date; Page 10 • Any payment is returned; • You don't honor the terms of this Agreement; • You made an untrue statement on your application; OR • You file for bankruptcy. If this is a joint Account, a default by one of you will be a default by all of you. We may prevent further transactions and we may close your Account and other Wells Fargo Accounts. If your account is in default you agree to pay our collection costs, attorney's fees, and court costs incurred in enforcing our rights under this agreement. {22) Re-Verification of Credit Information. We can review any information you provided on your credit application at any time. This may include: • Requesting credit bureau reports; • Verifying your current credit standing; • Verifying your employment, assets and income records. {23) California Residents. We may also obtain information at any time from the California Department of Motor Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle Code (Section 1808.21). {24) Cancellation. We may close your Account at any time and for any reason. You may also close the Account at any time. If that happens, you must still repay the balance owed according to the terms of this Agreement. Joint Accounts may be canceled by either Account Holder. If we close the account, notice may be provided to only one Account Holder. {25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect. {26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A court decree for divorce or separation or an out-of- court mutual agreement does not affect any of our rights to enforce this Agreement. {27) Phone Monitoring. We may monitor and record any of your phone calls with us. {28) Information Reporting. We may report information about you to consumer reporting agencies. The information that we report to consumer reporting agencies may include: • Account history; • Account performance; • Account status; • Any violations of your account; and • Any violations of the terms of this Agreement. The same information may be reported to the consumer reporting agencies for any additional card holders. You may dispute the accuracy of the information that we report to consumer reporting agencies by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box 14517, Des Moines, IA 50306-3517. Please describe the information in detail that you believe is inaccurate and provide any Page 11 supporting documents with your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report. (29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement to a third party. You may not assign your Account or any of your obligations under the Agreement. (30) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account. Agreement. a. Binding Arbitration. You and Wells Fargo Bank, N.A. (the "Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank. It includes any disagreement relating in any way to the Card or related services, Accounts, or matters; to your use of any of the Bank's banking locations or facilities; or to any means you may use to access the Bank. It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in small claims court any Dispute that is within that court's jurisdiction. If either you or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration. b. Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the "Arbitration Administrator"), Page 12 according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules"). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable. c. Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment, or expiration of the Card or any other relationship between you and the Bank. d. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your Account limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration. e. Military Lending Act. The Arbitration Agreement may not apply to you if you are a covered borrower. Please see The Military Lending Act Notice in the Agreement for more information. you about your rights and our responsibilities under the Fair Credit Billing Act. Page 13 (32) What To Do If You Find a Mistake on Your Statement. If you think there is an error on your statement, write to us at: Wells Fargo Card Services P.O. Box 522 Des Moines, IA 50306-0522 In your letter, give us the following information: • Your name and Account number; • The date and dollar amount of the suspected error. • If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing at the address above. You may notify using other ways (including telephone), but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter. When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your revolving line of credit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we Page 14 cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all of the following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at: Wells Fargo Card Services PO Box 522 Des Moines, IA 50306-0522 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. (33) The Military Lending Act Notice: Federal Law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the costs of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the cost associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee charged ( other than certain application fees for specified credit transactions or accounts), and any participation fee charged ( other than certain participation fees for a credit card account). You may contact us at 1-844-309-0044 for information about the Military Annual Percentage Rate and a description of your payment obligation. The Arbitration Agreement does not apply to you if you are covered by the Military Lending Act nor do any provisions that waive any right to legal recourse under Page 15 any state or federal law to the extent required by the Military Lending Act. you tcnno1!'.P to discuss your credit card account with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog, please read the following. By signing, using or activating the credit card issued to you, you certify to us that: • You have discussed the Customer Agreement and Disclosure Statement with your interpreter and have been given the opportunity to discuss and negotiate with us the terms and conditions contained in these documents. • Your interpreter is at least 18 years old and is fluent in both English and in the language in which you chose to discuss with us the terms and conditions of your credit card Account. • You understand and agree to the terms and conditions contained in these enclosed documents. Certificaci6n de Interprete (34) Certificaci6n de Interprete. Si usted opta por conversar sobre su cuenta de tarjeta de credito con nosotros en espanol, chino, coreano, vietnamita o tagalo, lea lo siguiente. Al firmar, utilizar o activar la tarjeta de credito emitida a su nombre, usted certifica ante nosotros que: • Usted ha analizado el Contrato del Cliente y Declaraci6n de Divulgaci6n con su interprete, y que usted y su interprete han tenido la oportunidad de analizar y negociar con nosotros los terminos y condiciones contenidos en estos documentos. • Su interprete tiene por lo menos 18 anos de edad y habla con fluidez tanto en ingles como en el idioma que usted haya elegido para conversar con nosotros sobre los terminos y condiciones de su Cuenta de tarjeta de Credito. • Usted entiende y esta de acuerdo con los terminos y condiciones contenidos en estos documentos adjuntos. 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Sertipikasyon ng Tagapagsaling-wika (34) Sertipikasyon ng Tagapagsaling-wika. Kung pipiliin mong talakayin ang iyong credit card account sa amin sa wikang Spanish, Chinese, Korean, Vietnamese, o Tagalog, pakibasa ang sumusunod. Sa pamamagitan ng paglagda, paggamit o pag-activate ng credit card na ibinigay sa iyo, pinatototohanan mo sa a min na: • Tinalakay mo ang Kasunduan ng Kostumer at ang Pahayag ng Pagsisiwalat sa iyong tagapagsaling- wika at nabigyan ka ng pagkakataong talakayin at makipagkasundo sa amin sa mga tuntunin at kundisyong nilalaman ng mga dokumentong ito. • Ang iyong tagasaling-wika ay wala pang 18 taong gulang at lubos na marunong sa Ingles at sa wika na napili mo para talakayin sa amin ng mga tuntunin at kundisyon ng iyong credit card Account. • Nauunawaan at sinasang-ayunan mo ang mga tuntunin at kundisyong nakasaad sa mga nakalakip na dokumentong ito. Page 17 This panel intentionally left blank. Page 18 i el n e t al f . This panel intentionally left blank. Page 19 i el n e t al f . Wells Fargo Card Services PO Box 10347, Des Moines, IA 50306 1-800-642-4720 Hearing and Speech Impaired Customers, call the TTY number 1-800-419-2265 Visa Signature 11/19 M-128586 LS 9385 el r er 47, oi es, A - eari m ai ust ers, l h ber i i t - EXHIBIT B 21 CV381264 Santa Clara - Civil F%éngystem Electronically Filed by Su erior Court of CA, ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name and address): Coumy Ofsamra‘l'fifi ONLY REESE LAW GROUP Harlan M. Reese, Esq. Bar#118226 0" 5/1 7/2021 12:42 PM 3168 LIONSHEAD AVE. Reviewed By: System System CARLSBAD: CA 92010 ' Case #21 CV381 264 7603426850 Envel ope: 6456972 E-MAIL ADDRESS (Optional).- ATTORNEY FOR (Name): Wells Fargo Bank, N.A. SUPERIOR COURT OF CALiFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: 191 NORTH FIRST STREET CiTY AND ZIP CODE: SAN JOSE. CA 95113 BRANCH NAME: Santa Clara-Downtown Superior Court PLAINTIFFIPETITIONER: Weiis Fargo Bank. NA. ‘ DEFENDANTIRESPONDENT: Tam F ARAFELEs CASE NUMBER 21CV331254 PROOF OF SERVICE OF SUMMONS Ref. NO. 0r File No.2 564970 (Separate proof of service is required for each pady served.) At the time 0f service I was at least ‘18 years of age and not a party to this action. 2. l served copies of: a. E Summons b. E Complaint c. D Alternative Dispute Resoiution (ADR) package d. E Civil Case Cover Sheet (served in complex cases only) e‘ D Cross-complaint f. a b A VM Other (specify documents): CIVIL LAWSUIT NOTICE, DECLARATION 0F VENUE . Party served (specify name ofpany as shown on documents served): TITA F ARAFILES . D Person (other than the party in item 33) served on behalf of an entity 0r as an authorized agent (and not a person under item 5b on whom substituted service was made) (specffi/ name and relationship to the party named in item 3a): 4. Address where the party was served: 1332 LEEWARD DR. SAN JOSE, CA 951 22 5. I served the party (check proper box) a. E by personal service. I personaliy delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): 511112021 (2) at (time): 7:35 PM Gender: FEMALE Age: 61-65 Skin Tone: LIGHT BROWN Hair: BROWN[ Eye Color: BROWN Height: 5FT 4iN - 5FT ?IN Weight: 131 LBS ~ 150 LBS (’E) D (business) a person at least 18 years of age apparently in charge at the office or usual place 0f business of the person to be served. l informed him 0r her of the general nature of the papers. (2) D (home) a competent member of the household (at least 18 years 0f age) at the dwelling house or usual ptace of abode of the party. I informed him or her of the general nature of the papers. (3) D (physical address unknown) a person at ieast 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. i informed him or her 0f the generai nature of the papers. ' (4) D I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the ptace where the copies were ieft (Code Civ. Proc., § 41 5.20). I mailed the documents on (date): from: 0r D a declaration of maiiing is attached (5) D i attach a declaration of diligence stating actions taken first to attempt personal service. P034110 [Rev.January 1,2007] I _ PROOF 0F SERVICE OF SUMMONS Page 1 orz VIA FAX FILE Case lD: 6062020 1308-010 PLAINTIFFIPETITIONER: Wells Fargo Bank, NA. CASE NUMBER: 21CV38‘I264 DEFENDANWRESPONDENTFHIAFARAFEES 5. c. D by mail and acknowledgment of receipt of service. 1 mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) 0n (date): (2) from (city): (3) D with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return enveiope addressed t0 me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proa, § 41 5.30.) (4) D to an address outside California with return receipt requested. (Code Civ. Proc., §415.40.) d. D by other means (specifi/ means of service and authorizing code section): D Additional page describing service is attached, 6. The "Notice t0 the Person Served" (on the summons) was completed as foilows: a. as an individual defendant. b. D as the person sued under the fictitious name of (specifix): c. D as occupant. d. D On behalf of (specific: under the following Code of Civil Procedure section: D 41 6.10 (corporation) D 415.95 (business organization, form unknown) D 416.20 (defunctcorporation) D 416.60 (minor) D 416.30 (joint stock company/association) D 416.70 (ward or conservatee) D 415.40 (association or partnership) D 416.90 (authorized person) D 41 6.50 (public entity) [:1 415.46 (occupant) E] other: 7. Person who served papers Name: CALVIN F. SMITH I ProVest California LLC Reg. No.2 1539 Reg County: San Diego Address: 4241 Jutiand Drive Suite 203, San Diego, CA 921 17 Telephone number: 877-789-6846 The fee for service was: $65.00 | am: (1) U not a registered California process server. (2) D exempt from registration under Business and Professions Code section 22350(b). (3) E a registered Caiifornia process server: (i) D owner D employee E independent contractor. (ii) Registration N0.: 1750 (iii) County: SANTA CLARA 8. E l declare under penalty 0f perjury under the ans of the State of California that the foregoing is true and correct. or 9. D lam a California sheriff or marshai and i certify that the foregoing is true and correct. Date: S "“- 2 g w» .. ’ I I _ W} CALVtN F. SMITH y- f, (NAME 0F PERSON WHO SERVED PAPERS/SHERIFF (SIGNATURE) 0R MARSHAL) FDP-F’P'P’ Pos-mo [Rem January 1, 2007] PROOF 0F SERva 0F SUMMONS Page 2 of 2 VIA FAX FILE Case ID: 6062020
