Declaration

Cal. Super. - 6th Dist.March 26, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/21/2022 3:24 PM Reviewed By: Y. Chavez Case #21CV381336 Envelope: 8558930 21CV381336 Santa Clara - Civil Y. Chavez \DOONQUIQUJN 10 11 12 14 15 16 17 18 19 20 21 22 23 24 26 27 28 Kambrie L. Keith, Esq. SBN: 303847 Henry Yandell, Esq.; SBN: 321 1 14 Lina M. Michael, Esq. SBN: 237842 MICHAEL & ASSOCIATES, PC 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 Telephone: (855) 785-4705 Facsimile: (805) 728-6266 Attorneys for Plaintiff, American Express National Bank Our File Number: 20 1 56546 SUPERIOR COURT 0F THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED CIVIL CASE American Express National Bank, Successor by Case Number: 21CV381336 Merger t0 American Express Bank, FSB, DECLARATION OF HENRY YANDELL Plaintiff, RE: DISMISSAL AFTER SETTLEMENT Date: April 14, 2022 vs. . . T : 10:00 Lucie Lebrun, aka Lucie M Lebrun, aka Luele DEE: 2 am Smith, aka Lucie Le Brun, individually and DBA Andy’s Bar-B-Que, Defendant. DECLARATION OF HENRY YANDELL I, HENRY YANDELL, declare and say as follows: 1. That I am an attorney at law duly licensed to practice law before all Courts in the State of California and am attorney for the Plaintiff, American Express National Bank, Successor by Merger to American Express Bank, FSB. 2. I have personal knowledge of the matters set forth in this Declaration, and if called upon t0 testify at a trial 0r hearing, I would competently testify t0 the contents herein. /// 1 DECLARATION OF HENRY YANDELL RE: DISMISSAL AFTER SETTLEMENT ng \OOOQO‘xLII U) Plaintiff, American Express National Bank, Successor by Merger to American Express Bank, FSB, filed the Complaint for Damages against Defendant Lucie Lebrun, aka Lucie M Lebrun, aka Lucie Smith, aka Lucie Le Brun, individually and DBA Andy’s Bar-B- Que in the above-entitled action on March 26, 2021. On 0r about June 1, 2021 Defendant Lucie Lebrun was sub-served. The proof of service was then filed 0n June 7, 2021. Plaintiff is sending the complete Request for Entry 0f Default concurrently with this declaration. Plaintiffs Counsel has requested a 585 declaration from American Express, t0 show personal knowledge 0f this debt. Once this declaration is received, the complete Default Judgment Packet will be mailed to the Court for review. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 0n MM“ 7/\ , ‘Wat Thousand Oaks, California. HENRY YANDELL, Declarant 2 DECLARATION OF HENRY YANDELL RE: DISMISSAL AFTER SETTLEMENT OOOOQQUI-QUJNH NNNp-ap-tp-dv-dt-Ar-db-dr-Ar-I-t NHOOOONmm-bUJNh-I Ix.) DJ 24 PROOF OF SERVICE l, the undersigned, declare: I am a citizen 0f the United States of America, am over the age of eighteen (1 8) years, and not a party to the within action. I am an employee 0f the law firm 0f Michael & Associates, PC, and my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. On March Q\ , 2022, I caused t0 be served the following documents: DECLARATION OF HENRY YANDELL RE: DISMISSAL AFTER SETTLEMENT on the party involved and address as follows: Lucie Lebrun, aka Lucie M Lebrun, aka Lucie Smith, aka Lucie Le Brun, individually and DBA Andy’s Bar-B-Que 1450 Glacier Dr San Jose, CA 951 18-1733 BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of each addressee above. XX BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage fully prepaid. I understand that service shall be presumed invalid upon motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained on this declaration. BY FACSIMILE: By use of facsimile machine telephone number 805-379-8525, I served a copy 0f the within document on the above interested parties at the facsimile number(s) listed above on this date before 5:00 p.m. BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I am “readily familiar” with the firm’s practice of collection and processing correspondence for Federal Express. Under that practice, it would be picked up by a representative on that same day, in the ordinary course of business and would be delivered the next business day. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED: March 2‘, 2022, at Thousand Oaks, California COMM? Chery‘ Resendiz 3 DECLARATION OF HENRY YANDELL RE: DISMISSAL AFTER SETTLEMENT