DeclarationCal. Super. - 6th Dist.May 4, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 393 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 776338.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/12/2021 12:52 PM Reviewed By: D Harris Case #21 CV381393 Envelope: 6826350 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL CASE Bank of America, N.A. Plaintiff, VS. Morgan Lauren Perez Defendant. Case No.: 21CV381393 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 1o H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bank of America, N.A. Plaintiff v. Case No. DECLARATION IN SUPPORT OF MORGAN LAUREN PEREZ APPLICATION FOR ENTRY OF (here/nafier, me ’Defendanf’). JUDGMENT l. Jercara Dawkins, hereby declare: 1. | am over 18 years old and competent to make this Declaration. lam a custodian 0f records, authorized Officer, and employee 0f Plaintiff Bank of America, NA. (“BANA”). l am duly authorized to make this Declaration, and because 0fthe scope 0f myjob responsibilities, lam familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records 0f defaulted accounts. 2. BANA is a wholIy-owned subsidiary of Bank of America Corporation and the successor-in- interest t0 FIA Card Services, N.A., formerly known as MBNA America Bank, NA. (“PIA”). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 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 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 and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records, and my review of said records. 4. The books a‘nd records of Plaintiff show that the Defendant opened an accountwith BANA, or a predecessor in interest, for the purpose ofobtaining an extension of credit (the “Account") 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") governing use 0f the Account. Further, the Defendant has breached the Agreement by failing t0 make periodic payments as required thereby. ID: 993729106401 _L 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. The books and records of Plaintiff show that the Defendant is currently indebted t0 Plaintiff on Account number XXXX)O(XXXXXX1479 for the just and true sum of $7703.57. and that all just and lawful offsets, payments, and credits have been allowed. The last payment t0 the Account occurred 0n 07/1 1/2019. The Agreement entered into between the Defendant and the Plaintiff, 0r a predecessor in interest, also authorizes Plaintiff to recover reasonable costs, to the extent permitted by law, from Defendant. 6. Under California Code of Evidence § 1550 (a)(2), a true and accurate copy (save for any marking made to redact certain information) ofthe last periodic statement generated prior to charge-off of the Account is attached hereto and incorporated herein by reference. Since the date of charge-off, there have been credits, payments, 0r other adjustments in the net amount of $0.00, leaving a present balance of $7703.57 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. 7. | declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand 0n: Dated: MAY 04 2021 Declarant Name (Printed) Jercara Dawkins Declarant Name (Signature) fl? £14.. Title of Declarant Officer BANKOFAMEMCA‘Z? F C ECK 152434 ‘flLMNGTCX‘L DE 19356 MORGAN LAUREN PEREZ 477 TUSCARORA DR SAN JOSE CA 55123-4251 Account Summary 74/05/62 NfimagePMn Previous Balance $756910 New Balance Total $770357 Payments and Other Credits $0.03 Current Payment Due $210.03- Purchases and Adjustments $0.03 Past Due Amount $1,603.00 rneteeifsrtiagfijgged $1233? Total Mmlmum Payment Due $1,813.00 Payment Due Date OBKCEHEOZC New Ba‘ance Total $170357 Late Payment Warning: If we do not receive your Total Mimmum Payment by the date listed above, you may have to pay a late fee of up t0 Total Credit Llne $350060 $39.00 and your APRs may be increased up to the Penalty APR of29.99%. Total Credit Available $O‘CO Total Minimum Payment Warning: \f you make onlythe Total Minimum Cash Credwt Line $48060 Payment each perwod, you will pay more In interest and It wJH take you Portion 0f Credwt Avallable Jonger to pay off your balance. For example: For Cash $0.CO Statememt Closmg Date Days in Billing Cycle C-2x'U9/2C'2O 31 Customer Service Information: vmwh:r‘lkcfamerfca.cam 1830.5527302 TTY: 1.5003463] 78 Mall billing inquiries to: E'snk of Amerlca RC‘. EON 982234 El 5-30 TX 79998-2234 Mail payment to: Bank of Amen‘ca P.C. Box 1501 9 Wilmington DE 1988675019 january 'ID - February 9, 2020 ACCO Payment Information mm- 1479 if you make noéddjfiafial charges uslng thls'card= -' and each month you pdy You mm pggoff thé '. . ba\a_n_ce showrj O_n thws l-statehjehit in about I 'And you VJHI ‘ér‘id pp f, paylrig an éstimated ' _ tom of f Only the Total Mlnlmum Paymemt 21 years $1 7,094.00 If you would like information about credit counsellng services, call 866.300.5238. lm BANK OF AMERICA P‘O. BOX15019 W‘LMINGTON DE 19886-501 9 MORGAN LAUREN PEREZ 477' TUSCARORA DR Account Number:- 1479 New Balance Total $1703.57 Totat Mimmum Payment Due $1,813,CO Payment Due Date Enter paynont amount gs‘ I q -é 03/06/2020 SAN JOSE CA 95123-4251 _ " " j ‘ ' ‘ " "' ' "J .I 0r Change fifau'S'ess/s C'E mrrncsr, 56:3 rcLurso 3v}; Marx's Jr‘ur oaynsnr v. ‘. M 3r Mvw.bankcr‘amsaca‘ccrr: or Max] this coupnn arnng with ycur check payable m‘ Bank of America :.L.?tin- MORGAN LAUREN PEREZ | Accamt a- 1479 | January 1o - Februarys. 2020 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We wlll not charge Interest on Purchases on the next statement IF you pay the New Balance Total In full by the Payment Due Date. and you had paid In full by the previous Payment Due Date. We wlll begin margins Interest on Balance Transfers and Cash Advances an the transaction date. TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and are compounded on a daily basis. Ta determlne the Interest Charges. we multlply ead1 Balance Subject to Interest Rate by Its applicable Dally Periodlc Rate and fl'lat result is mulflplled by the number of days In the bllllng cycle. To determine the total Interest Charge for the bllllng cycle. we add the Periodic Rate Interest Charges together. A Dally Periodic Rate Is calculated by dlvldlng an Annual Percentage Rate by 365 HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to posted balances. If your account has balances with different APRs. we wlll allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (lncludlng transactions made after thls statement). Payment amounts In excess of your Total Minimum Payment Due wlll be applied to balances wlth hlgmr APRs before balances wlth lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When using the aptlonal Pay-by-Phone servlce. you authorize us to Initiate an electronlc payment from your account at the financial Institution you deslgnate. You must authorize the amount and tlmlng cf each payment. Fat your protection. wa wlll ask far security Information. A fee may apply for expedited servlce. To cancel. call us before the scheduled payment date. Same-day payments cannot he edited or canceled. YOUR CREDIT uNES - The Total Credit Une Is the amount of credit available far the account: however. only a portion of that ls available for Bank Cash Advances. The Cash Credlt Llne ls that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances. Over the Counter (OTC) Cash Advances. Same-Day Online Cash Advances. Overdraft Protection Cash Advances, Cash Equivalents. and applicable transaction fees. MISCELLANEOUS - Promotional Rate End Date: Thls date ls based on a future statement closing date. If you change your payment due date, mls date could change. The New Balance Total whlch appears on thls statement ls not a payoff amount and may be subject to additional Interest charges when you pay In full after your statement closing date. Please contact me customer service number located an the front of thls statement far a pay-off amount. Virtual cards are the digtal forrn of your ellghle physical credlt cards stored wlthln a dlgtal waIlet. O 2020 Bank of America Corporation OOl-Om-WO-G CALCULATION 0F BALANCES SUBJECT TO INTEREST RATE Average Dally Balance Method (Including new Purchases): We calculate separate Balances Scbject ta an Interest Rate for Purchases and for each Introductory or Promotlonal Offer balance consisting of Purchases. We do this by (1) calculating a dally balance for each day In the bllllng cycle; (2) adding all the daily balances together; and (3) dividing the sum of the dally balances by the number of days ln the bllllng cycle. To calculate the dally balance far each day In this statement's bllllng cycle. We: [1) take the beginnlng balance: (2) add an amount equal to the appllcable Dally Perlodlc Rate multiplied by the previous day‘s daily balance: (3) add new Purchases. new Account Fees, and new Transactlon Fees: and (4) stbtract applicable payments md credits. If any dally balance ls less thm zero we treat it as zero. Average Balance Method (Including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers. Cash Advances, and for each Introductory or Promotional Offer balance canslstlng of Balance Transfers or Cash Advances. We do this by. (1) calculatlng a daily balance for each day In thls statement's bllllng cycle; (2) calculating a daily balance for each day prior ta thls statement's bllllng cycle that had a ‘Pre-Cycle balance' - a Pre-Cycle baIance ls a Balance Transfer or a Cash Advmce wlth a transaction date prior to thls statement‘s billing cycle but wlth a postlng date wlthln thls statement's billing cwle: (3) addlng all the dally balances together: and (4) dlvidlng the sum of me dally balances by the number of days In this statement's bllllng cycie. To calculate the daily balance for each day In this statement's billing cycle, we: ('l) take the beginning balance: (2) add an amount equal to the applicable Dally Periodic Rate multlplled by the previous day's dally balance; (3) add new Balance Transfers. new Cash Advances and Transactlon Fees: and (4) subtract appllcable payments and credits. If any dally balance ls less than zero we treat It as zero. To calculate a dally balance for each day prlor to this statement's bllllng cycle that had a Pre-Cycla balance: (1) we take the beginning balance atttlbutable solely to Pre-Cycle balance (which wlll be zero an the transaction date of the firs: Pre-Cycle balance); (2) add an amount equal to the applicable Dally Perladlc Rate multlplled by the previous day's daily balmce: (3) and add only me applicable Fre-Cycle balances and their related Transaction Fees. We exclude from thls calculation all transactions posted In previous bllllng cycles. For the complete terms and conditions of your account. consult your Credit Card Agreement. Thls account ls Issued and admlnlstered by Bank of Amerlm. Bank of America ls a registered trademark of Bank of America Corporation. PAYMENTS - We credlt mailed payments as of the date renewed. If the payment ls: [1] malved hys pm. bcaI time at me addtess shown an tins remmanm portion of your manlhiy slamment; (2) pald wlfll a chack drawn In U.S. doIIars on a 0.5. finandal lmatutlon or a us dollar money «den and (3) sent In the remrn envelope wllh only the remittance portlan of your statement accompanying It. Payment veceMd by mall after 5 pm. local ulna at Ihe remittance address on any day lndudlng me Payment Dun Dame. but that oficrwlse meet me above requirements. wlll be credited as of fine next day. Paymenm made anllna or by phone wlll be credited as of the dame cf receipt If made by 5 pm. Central. Credit for any other paymenu may be delayed up m five days. Cash payments made with om tellers or ATM wlth Teller Assist (MA) Ml only be accepted Mth a valld Idenflflcatlon (ID). M: payment shall operate as an accord and saflsfacuon without the ptlor written approval cf one of our Senior Officers. We process most payment checks eIacu'onlmlly by using the Information fbund on your d1adt. Each daeck authorizes us to mate a one-flme electronic funds transfer (or process It as a dweck or paper dram Funds may be Mthdtawn from your amount as soon as the same daywe recalva your payment. Cheds are not returned to you. If you hava authorized us m pay ynur credlt mrd hlll aunmaflcdly frarn your savings or checklng account wlth us. you can slop the payment an any amount you think ls wrong. To shop payment. your lemr must reach us at least three business days before the automatic payment ls scheduled m occur. Change of AddresslPhone number: Onllne at ww.bankofamerlca.com Please do not add any written communicatlon In flils space MCRGANLAUREN PEREZ ‘ Accounw-Mm \ Januamo-Fehruarymom Transactions Transactfon Posting Reference Account Date Date Descrrptrcn Number Number Amount Total Interest Charged 02/129 02/09 INTEREST CHARGED ON PURCHASES 134.47 OM39 02/0: INTEREST CHARGED ON BALANCE TRANSFERS 0.00 02/339 02/09 INTEREST CHARGED ON D‘R DEP&CHK CASHADV CLEO 02:03 02x09 INTEREST CHARGED ON BANK CASH ADVANCES 0.03 TOTAL INTEREST CHARGED FOR THIS PERIOD 5134A? 2020 Totals. Year-to-Date Total fees charged En 2020 $39.00 Total Interest charged In 2020 $266100 Interest Charge Calculation Your Annual Percentage Rate (APR) l5 the annual Interest rate cn your acc-zumt. Type 0f Annual Promotional Promotional Promotional Balance Interest Balance Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 20.74Q’9V S 7,633.98 S 134.47 Balance Transfers 20.7-49.5-V S 0.00 S 0.00 Direct Deposit and Check Cash 2374va S 0.00 S 0.0L] Advances Bank Cash Advances 26,4939} S CLO S O‘CO APR Type Deflnitfcms DaHy Interest Rate Type; Vu Variable Rate (rate n‘ay Vary] Important Messages You‘re a vafued customer and we want ycu to know that we haven't received your curremt payment due. Please send your payment due today. \f you‘ve already maHed It, thank you. Your statement balance exceeds the Total Credlt Line. T0 ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There ls no fee for belng over your Total Credit Line. When thls statement was created, the account's Credit Line was In a restrlcted status and not avm’lable for use. Page 3 of 4 MORGAN LAUREN PEREZ I Accomm-Mm i Jaruarym-Febmarye,2020 F-‘ui-w - -.-.---..-..-A-w.--.-------.....-.---- ----- -.-n- Your RewardSummary ALASKA'AIRLINES CREDIT CARD REL'UARDS i i 0 BASE PURCHASE MILES 5 I 0 MILES T0 ALASKA AIRLINES- REVIEW/REDEEM MILES: .WWW.ALASKAAIR.COM Additional Information Make-the most of your rewardslprogra'rn today! _. Miles earned from credit card purchases are sent to Alaska Airlines and deposlted imto your Mfleage Plan account. Mlles are subject to A‘aska Alrllnes Mileage Plan terms and COHd‘tionS, Vlew and redeem your ml‘es by visiting alaskaavfiom and logging Into your Mfleage Plan accoumt. Page 4 cf 4
