Default Entered

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

on 7/9/2021 5:28 PM Reviewed By: D Harris Envelope: 681 8094 CIV-los ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number. and address): JACK H. POGOSIAN, State Bar No.: 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 l ABRIL F. SAGLIO-RUIZ, State Bar No.: 299586 MIDLAND CREDIT MANAGEMENT, INC. 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 TELEPHONE No.: (866) 300-8750 FAX N0. .- (877) 209-4493 E-MAIL ADDRESS (optional): ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST ST MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. DEFENDANT/RESPONDENTZ ALFONSO QUINTANA FOR COURT USE ONLY REQUESTFOR E Entry of Default >14 Judgment (Application) CASE NUMBER: 21CV381297 NOTICE: Plaintiff is a debt buyer and is required to use this form purSuant to the Fair Debt Buying Practices Act (C.C.P. § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): April 16, 2021 b. by (name): MIDLAND CREDIT MANAGEMENT, INC. c. Enter default of defendant (names): ALFONSO QUINTANA d. E I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant ALFONSO QUINTANA: (Testimony may be required. Check with the clerk regarding whether a hearing date is needed. ) D Default previously entered on (date):e. 2. Judgment to be entered. Amount Credits acknowledged a. Demand of complaint*____________________________ $3,730.46 $0.00 b. Interest. . $0.00 c. Costs (see page 3) . - $27 l .90 d. Attorney fees . __ e. TOTALS. ______ _ _ . $4,002.36 $0.00 Balance $3,730.46 $0.00 $271.90 $4,002.36 * Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. Code §§ 1788.58 (a)(4), 1788.60(a). 3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALL of the following (Civ. Code, §§ 1788.58, 1788.60): (l) That the plaintiff is a debt buyer; (2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor of any subsequent purchasers of the debt; (5) The date of the default OR the date of the last payment; (6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; Page l of 3 ?;???th .fimfl‘ggfiaww Use REQUEST FOR ENTRY 0F DEFAULT l 1 omla . . . culfllzss [Elli Ifnuary L 2020] (Fair Debt Buylng Practlces Act) CA_O400G File No.: 21-47367 JUD Code of Civil Procedure. § 585: Civil Code.§ 1788.60 WWW.COUHS.C8.gOV FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381297 By: suy 7/9/2021 CIV-105 CASE NUMBER: PLAINTIFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. Zlcv381297 DEFENDANT/RESPONDENT: ALFONSO QUINTANA 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior t0 the sale of the debt; (8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser; and (9) That the plaintiff has complied with Civil Code section 1788.52. b. A copy 0f the contract of other document described in Civil Code section l788.52(b) is attached to the complaint. 5. Documentation requirements for default judgment. All 0f the following documents are submitted with this request for default judgment (Civ. Code, § 1788.60(a)-(c)): a. A copy 0f the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.52(b) regarding documentation, including for revolving credit accounts. b. Business records, authenticated through a sworn declaration, to establish: (1) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (2) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, aIl post-charge-off interest and fees, if any, imposed by the charge-off creditor 0f any subsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) The name of address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; (5) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale 0f the debt; (6) The names and addresses 0f all persons 0r entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser; and Date: gum. n 2021 _ JACK H. POGOSIANECHRISTINA ARNOLD /_ HYO JIN JULIA JUNG MELINE GRIGORYAN MICHAEL D. KAHN/ ABRIL F. SAGLIO-RUIZ } (TYPE'OR PRINT NAME) FOR COURT (1) D Default entered as requested on (date): USE ONLY (2) D Default NOT entered as requested (state reason): Clerk, by: . Deputy 6. Legal document assistant 0r unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant D did E did not for compensation give advice or assistance with this form. (Ifdeclarant has received any help 0r adviceforpayfrom a legal document assistant 0r unlawful detainer assistant, state): a. Assistant's name: b. Street address, city, and zip code: Telephone no.2 County of registration: Registration no.: Expires on (date): rns'DQp 7. g Declaration under Code of Civil Procedure Section 585.5 (requiredfor entry ofdefault under Code Civ. Proc., § 585(a)). This action a. is g is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. D is E is not on a conditional sales contract subject to Civ. Code, §2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E is D is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). Page20f3 CIv-los [Rev. January 1, 2020] REQUEST FOR ENTRY 0F DEFAULT (Fair Debt Buying Practices Act) CA_04OOG File N0.: 21-47367 JUD x 7/9/2021 SUy CIV-105 ' CASE NUMBER- PLAIN'I‘IFF/PETITIONER: MIDLAND CREDIT MANAGEMENT, INC. 2 1CV331297 DEFENDANT/RESPONDENT: ALFONSO QUINTANA 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Requestfor Enny ofDefault was a. D not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names): b. E mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed 0n (date): fiJL g 7 2323 (2) T0 (specifi’ names and addresses shown 0n the envelopes):ALFONSO QUINTANA 3828 7 TREES BLVD STE 100 SAN JOSE, CA 951 1 1-4485 Ideclare under penalty of perjury under the laws of the State of California that the foregoing items 6, 7, and 8 are true and correct. Date: 55 EE g 7 g J - JACK H. Paé'OSlAgN HRISTINA ARNOLD HYO JIN JULIA JUNG l MELINE GRIGORYAN MICHAEL D. KAHN/ ABRIL F. SAGLIO-RUIZ b - (TYI ‘OR PRINT NAME) “fifimfimfiOFMANT) 9. Declaration of nonmilitary status (requiredfor ajudgment). No defendant named in item lc of theappliWe military service as the term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 391 1(2), or California Military and Veterans Code section 400(b). 10. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., §1033.S) Clerk's filing fees ....... _ . _ , 181 .0 Process server's fees . Other (specify): Misc. Motlon _____ Electronic Filing Fee TOTAL . . D Costs and disbursements are waived. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. qorbsvgop‘s» [declare under enalt of p ' under the laws of the State of California that the foregoing items 9 and 10 are true and correct. Date: JEJN é 0 53%? JACK H. POGOSIAN/ CHRISTINA ARNOLD HYO JlN JULIA JUNG/ MELINE GRIGORYAN MICHAEL D. KAHN ABRIL F. SAGLIO-RUIZ P (TY «OR PRINT NAME) w (SIGNATURE 0FDwn/ CIV-105 [Rev. January l, 2020] REQUEST FOR ENTRY 0F DEFAULT Page 3 of3 (Fair Debt Buying Practices Act) CA_0400G File No.2 21-47367 JUD