Declaration

Cal. Super. - 6th Dist.April 16, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21CV381297 Santa Clara - Civil JACK H. POGOSIAN, State Bar No.2 305741 CHRISTINA ARNOLD, State Bar No.: 297590 HYO JIN JULIA JUNG, State Bar No.: 316090 MELINE GRIGORYAN, State Bar No.: 321 133 MICHAEL D. KAHN, State Bar No.: 236898 ABRIL F. SAGLIO-RUIZ, State Bar No.: 299586 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/9/2021 5:28 PM Reviewed By: D Harris Case #21 CV381297 Envelope: 6818094 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, V. ALFONSO QUINTANA Defendant(s). Case No. 21CV381297 DECLARATION IN SUPPORT OF JUDGMENT PURSUANT TO C.C.P. § 585(d) EXHIBITS IN SUPPORT 0F JUDGMENT DHa rris CA_04l lG File No.: 21-47367 JUD \OOO‘JONUI-hb-JNH NNNNNNNNNv-ah-Hv-ou-An-nr-t-ar-IH OOQQMAUJNF-OWOOQQMADJNP-‘o STATE OF CALIFORNIA COUNTY OF Midland Credit Management, Inc., Plaintifi ~vs- DECLARATION OF AARON BACKES ‘ IN SUPPORT OF JUDGMENT ALFONSO QUINTANA, Defendant(s). Aaron Backes, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says the following statement in support of'Pléintifi's Application for Default Judgment: 1. I am an officer for and employed as a Legal Specialist by Midland Credit Management Inc. ("Plaintifi"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintifl‘ is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and intérest to Defendant's COMENTTY CAPITAL BANK account XXXXXXXXXXXXXX9lz4 (MCM Number 306152006) (hereinafter "the account"). 2. I have access to and have reviewed the eléctrénic records pertaining to the account maintained by Plaintifi' and am authorized to make this affidavit on Plaintifl‘s behalf. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintifl‘ purchased or was assigned the account, together with records generated by Plaintiff in DECLARATION OF AARON BACKES IN SUPPORT OF JUDGMENT - l lflfllflfllflflfilflflflfilfilflfllfilflllm Illflllfllllfllillmlllflllflfllflilllllflfllflfl llllllllllllllllfllllllfiflflflflllllll 306152006 AFFRECMEDIA 21-47367 \DW‘NIGN‘JIgUJN-n NNNNNNNNNHHl-J-d-p-IHHHp-u WQ¢MhWNHOWWQ®MAWNHQ connection with servicing the account since the date Plaintifi'purchased or was assigned the account. In addition, I reviewed the documents that are attached to this affidavit. 3. 1am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account, which consist 0f (i) data and documents acquired from the seller, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course ofMCM’s business. It was in the regular course ofMCM’s business for a person with knowledge of the subsequent collection and/or servicing activities recorded to make the record or data compilation, or to transmit information thereofto be included in such record, or for such information to be posted in MCM’s records by a computer or similar digital means. In the regular course ofMCM’s business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice. 4. On or about 2020-07-27, Midland Credit Management, Inc. became the successor in interest to this account. Plaintiff acquired and incorporated the attached account records into its permanent business records as a result of Plaintiff's purchase or assignment of the account. These records are kept in Plaintifi‘s regular course of business and, along with the electronic records provided at the time ofpurchase or assignment, are Plaintifi‘sprimary source of business records for this account. 5. The accuracy of such records is relied upon by Plaintifi' in collecting this account. These records are trustworthy and relied upon because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 6. This account was purchased afler 2014-01-01 and, therefore, is subject to California Civil Code Section 1788.60. 7. In accordance with California Civil Code sections 1788.58(a)(3-8), Plaintiff’s records show the following relevant information concerning the account: a. Plaintifl' is the sole owner of the account. DECLARATION OF AARON BACKES IN SUPPORT OF JUDGMENT - 2 IIIIIMIMIIIIJEIMEIIIHHIM lflflfilllllilllllmlmmfilflflfllflfllflfllfllfll! _ IIIHIIIIIIWIHHIIIIIIMB 306152006 AFFRECMEDIA 1-47367 OOOQONM