Declaration

Cal. Super. - 6th Dist.May 3, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 368 Santa Clara - Civil Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 3 14337 Patrick J. Layman, SBN 59643 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 Suttell & Hammer, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 Attorneys for Plaintiff s/h 777005.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/1 3/2021 11:34 AM Reviewed By: D Harris Case #21 CV381 368 Envelope: 7058376 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL CASE Bank of America, N.A. Plaintiff, VS. Khoi D Diep Defendant. Case No.: 21CV381368 DECLARATION IN SUPPORT 0F ENTRY 0F JUDGMENT CCP § 585 (d) The Declaration is attached hereto and incorporated herein. DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT CCP 585 (d) - 1 SUTI'ELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX D Harris 1 2 3 4 5 6 7 Bank of America, N.A. Plaintiff, 8 v. 9 KHOIDDIEP 10 (hereinafter, the "Defendant"). 11 I, Angela Burton, hereby declare: Case No. DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT 12 1. I am over 18 years old and competent to make this Declaration. I am a custodian of records, authorized Officer, and employee of Plaintiff Bank of America, N.A. ("BANA"). I am 13 duly authorized to make this Declaration, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business 14 books and records, including computer records of defaulted accounts. 15 2. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in- interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA''). FIA 16 was merged into and under the charter and title of BANA effective October 1, 2014. 17 3. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with 18 knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this declaration are true 19 and correct based upon my personal knowledge of the processes by which Plaintiff maintains 20 its business books and records, and my review of said records. 21 4. The books and records of Plaintiff show that the Defendant opened an account with BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the "Account") 22 and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement ("Agreement") 23 governing use of the Account. Further, the Defendant has breached the Agreement by failing to make periodic payments as required thereby. 24 25 10: 191922504901 1 5. The books and records of Plaintiff show that the Defendant is currently indebted to Plaintiff on Account number XXXXXXXXXXXX5991 for the just and true sum of $4461.80, and that all 2 just and lawful offsets, payments, and credits have been allowed. The last payment to the Account occurred on 06/29/2019. The Agreement entered into between the Defendant and 3 the Plaintiff, or a predecessor in interest, also authorizes Plaintiff to recover reasonable costs, to the extent permitted by law, from Defendant. 4 6. Under California Code of Evidence § 1550 (a)(2), a true and accurate copy (save for any 5 marking made to redact certain information) of the last periodic statement generated prior to charge-off of the Account is attached hereto and incorporated herein by reference. Since the 6 date of charge-off, there have been credits, payments, or other adjustments in the net amount 7 of $0.00, leaving a present balance of $4461.80 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. 8 7. I declare under the penalty of perjury under the laws of California that the foregoing is true 9 and correct and if called as a witness I would competently testify, under oath, thereto. 10 Given under my hand on: 11 Dated: APR 2 8 2021 12 Declarant Name (Printed) Angela Burton 13 14 Declarant Name (Signature) 15 Title of Declarant Officer 16 17 18 19 20 21 22 23 24 25 BANK OF AMERICA~~ P 0 BOX 15284 WILMINGTct>l, DE 19850 KHOI D DIEP 1132PHELANWAY SAN JOSE CA 95122-3250 Account Summary Previous Bal;:mce PJyrnents and Other Credits Purch