Declaration CCP 585Cal. Super. - 6th Dist.May 5, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 778776.001 21CV381514 Santa Clara - Civil Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/27/2021 2:24 PM Reviewed By: A. Villanue Case #21 CV381 51 4 Envelope: 6933293 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA JPMorgan Chase Bank, N.A. VS. HUY HO LIMITED CIVIL CASE Plaintiff, Defendant. Case No.: 21CV381514 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 A. Villanueva V3 \OOO\I@UI-k 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B44A1 1 Doc Page 1 of 3 SUPERIOR COURT 0F CALIFORNIA, FOR THE COUNTY 0F SANTA CLARA LIMITED CIVIL JURISDICTION JPMORGAN CHASE BANK, N.A., ’ Plaintiff, VS' CASE No.2 21CV381514 HUY Ho, Defendants. DECLARATION OF FACTS BY ORIGINAL CREDITOR I, Merari Bonilla Ovando, declare as follows: 1. I am over 18 years old and competent to make this declaration. I am an employee and Authorized Signing Officer for JPMorgan Chase Bank, N.A., successor by merger to Chase Bank USA, N.A. (“Plaintiff’).1 I have access to Plaintiffs books and records (“Business Records”), and I am authorized to make this declaration on behalf of Plaintjff. The statements herein are based upon my personal knowledge obtained from my review of the Business Records. 2. Due to the nature and scope of my employment duties, I have continuing access to Plaintiff’s Business Records and have personal knowledge of Plaintiff’s procedures for creating and maintaining these records. Plaintiff s Business Records are: (a) made at or near the time ofthe occurrence of the matters set forth therein; (b) made by, or from information transmitted by, persons with knowledge and a business duty to report, or are made by a computer or other similar digital means which contemporaneously records an event as it occurs; and (c) kept in the course of Plaintiffs regularly conducted business activities and it is the regular practice of Plaintiff to make such records. 1 Effective May 18, 2019, Chase Bank USA, N.A., merged with and into JPMorgan Chase Bank, N.A. Page 1 01'3 DECLARATION 0F FACTS BY ORIGINAL CREDITOR Illlllllflllllllllflllllllllfllllllll"Vllllfl\lll HM \I INI Ifl l Mlllllll fill IIWIH SD SwornDocumentExecution 000262590008 HllHlllll'lllll‘llllmlllmlllll Pkg Page 1 of 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B44A11 Doc Page 2 of 3 JPMorgan Chase Bank, N.A. V. HUY HO 3. Plaintiff‘s Business Records show that HUY HO (“Defendant”) opened an account with Plaintiff 0r its predecessor for the purpose 0f obtaining an extension 0f credit 0n 10/ 16/2019 (“Account”). The last four digits of the Account number are 8100. 4. After opening the Account, Defendant did use or authorize the use 0f the Account for the acquisition of goods, services, 0r cash advances. Defendant failed t0 make the required payment(s) 0n the Account and demand for payment has been made. 5. Plaintiff provided Defendant periodic billing statements for the Account. The periodic billing statements described the charges on the Account along With interest, fees, payments, credits, and the amount due on the Account. Based on my review 0f Plaintiffs Business Records relating t0 Defendant’s Account, there are no unresolved billing disputes regarding the Account. A true and correct copy of the last periodic billing statement provided t0 Defendant is attached hereto as Exhibit A. 6. The last payment in good and collectable funds on the Account was 0n 0r about 04/20/2020 in the amount 0f $ 1 50.00. The last charge, balance transfer, cash advance, 0r other debit that was initiated by Defendant and charged t0 the Account was on 0r about 04/23/2020 in the amount 0f $13.97. Credit has been given t0 Defendant for all just and lawful offsets, payments, and credits as of the signing of this declaration. 7. The balance due and owing 0n the Account as 0f the signing 0f this declaration is $14,321.20. Page 2 0f3 DECLARATION OF FACTS BY ORIGINAL CREDITOR IHWIHIIH||||H|HHIIIIIHIWIIWIHIH || HIIHI Ill HI Ill" llll SD SwornDocumentExecution 000262590008 (tllllflllllllllllNIINIHI|1| 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B44A11 8. Wherefore, Plaintiffrespectfully requests that this C0firt enterjudgment in favor ofplaintiff JPMorgan Chase Bank, N.A., against defendant HUY HO in the principal sum 0f $14,321.20. Plaintiff does not seek post-charge-off interest or fees. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Dated: 07/02/2021 Declarant Name: Merari Bonilla Ovando Cfl‘x/ZEKQ“ Declarant Signature: Doc Page 3 of 3 JPMorgan Chase Bank, N.A. V. HUY HO Title 0f Declarant: Authorized Signing Officer SD SwornDocumentExecution 000262590008 Page 3 0f 3 DECLARATION 0F FACTS BY ORIGINAL CREDITOR IHlllllllllllllllll‘filll‘IIHlmllIIIHIIIHI Ml! IHI Ill! HI||l|l|||||l|||l|1lllm|\|l‘l Doc Page 1 of 5 Exhibit A: Statements SD_SwornDocumentExecution 000262590008 WHIIHINIIIHHHI||||H1|M||lHllllHlllllllml|“IIWIWNHIIIHIHIHIHIHH!|||||||||NIHIINIHIIIIIM||“ll||HIl1||\||||0|||||\|||1|||!|||| I CHASEOSAPPHIRE RESERVE“ Januar 2021 S M T W T 27 28 29 30 31 3 4 6 7 1O 1 1 é 13 14 17 18 19 2O 21 24 25 26 27 28 31 1 2 3 4 Late Payment Warnlng: a Mange your account onllne at:WW New Balance Ous1°mer Servlce: 1-800-436-7970 ULTIMATE REWARDS® Doc Page 2 of 5 Mobile: Download the Chase MobileO app today F s $1 4,321 '20 SUMMARY 1 2 Minimum Payment Due P baI orevious points anoe 8 9 $3’379'00 + 8 Points per $1 earned on travel O Payment Due Date + 3 Points per $1 earned on dining o 15 16 01 l1 2/21 + 1 Point per $1 on all other purchases O 22 23 Total points available for 259 36° redemption o Start redeeming today. Visit Ultimate Rewards® at www. ultimaterewards.com If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Minimum Payment Warnlng: Get an annual travel credit for your first $300 in travel purchases. Earn 3X points on travel purchases hereafter. If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: lf you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of. .. Only (he minimum payment 23 years $35,361 If you would like information about credit counseling services, call 1 -866-797-2885. ACCOUNT SUMMARY Account Number:_ 8100 Previous Balance Payment, Credits Purchases Cash Advances Balance Transfets Fees Charged Interest Charged Nan Balance $1 4,041 .66 $0.00 $0.00 $0.00 $0.00 $0.00 +$279.54 s1 4,321 .20 Opening/Ciosing Date Credit Access Line Available Credit Cash Access Line Available for Cash 1 1/16/20 - 12/15/20 $1 2,000 $0 $2,400 $0 Past Due Amount Balance over the Cred“ Access Line $2,957-00 | $2,321.20 1 YOUR ACCOUNT MESSAGES You are over your credit Iine/credit access line by $2,321 .20. You can pay down your balance faster by including this amount with your payment. Your accoum is closed and no longer available for use. CHASE I“! P.O. BOX 15123 WILMINGTON, DE 19850-5123 For Undeliverable Mail Only The Past Due amount of $2,957.00 is included in your Minimum Payment. HUY HO 2450 APPLE TREE WAY GILROY CA 95020-7576 Payment Due Date: New Balance: Minimum Payment: SD SwornDocumentExecution 000262590008 O1 I1 2/21 $1 4,321 .20 $3,379.00 Account number:- 8100 $ Amount Enclosed Make/Mail to Chase Cavd Services at the address beIow: OARDMEMBER SERVICE PO BOX 6294 CAROL STREAM IL "NIH \HIIHIHW IIW\{IIIHIWIIIWIIllllllllllllHflllmflllllllllflllllllllllllllllilllfllllllmlllIll 60 197-6294 Pkg Page 5 of 8 Doc Page 3 of 5 To contact us regarding your account: In U g '0? customer gervlce Spec-alist 1-800-436-7970 ? Q ‘jg® Spanish 1-300-436-7970 _ _ _ _ Pay by phone 1.800-436.7958 Send Inqulrlx to: Mall Payments to: Our Websnte‘ International 1-614-776-7050 P‘Q, Box 15293 P‘O‘ Box 6294We accep' operator relay calls walmingqon. DE 19850-5293 Carol sneam, IL 60197-6294 Inlnrmallon Abuul Ynur Accounl Meklng Your Paymams: The amoum of your paymenk should be at least your rnlmmurn payment due‘ payable m U,S‘ dollars and drawn on or payable through a U.S. financial msmution or the U,SV branch of a foreign hnanclal Institution. You can Day down balances laster by paying more man the minimum payment or me (otal unpaid balance on your account. You may make payments electronically through our webs'ne or by one of our customer serwce phone numbers above In usmg any m mesa channeus, you are authonzmg us to Wlthdraw funds as a onB-tlme electronlc funds 1ransfe( Horn your bank accoun! In our automated phone syslern‘ this authorization Is provided vua entry of a personal Identification number You may revoke this authorization by canceIling your payment through our websne or customer servuce telephone numbers prior to the payment processing If ws receuve your completed payment request through one of these channels by 11 59 p m Eastern Turns, we win credit your payment as o: mat day u we receive your request after 11 59 p.m Eastern Tnme, we wull credit your payment as o! the next calendar day. If you specify a future date In your raquesl we wull cradrt your payment as oi mat day If you Day by regular U S mall (o (he Payments address shown on this statement, wme your account number on your check or money order and Include the payment coupon in \he envelope Do not send more man one payment or coupon per envelope Do not staple, clip or tape the documents Do not include corresnondence Du not send cash. If we receive your properly prepared paymem on any day by 5 p.m. local ume at our Payments address on mls statement, we wm cream to your account mat day If your payment ls recewed auer 5 p m local ume a1 our Payments address on this statement, we WIII credit it lo your account as o! me next calendar day For all other payments or for any payment lypa above lor which you do not lollow our payment Instructions, crediting of your payments may be delayed for up lo 5 days‘ Accoum Inlormatlon Reported To Cred“ Bureau: We may report inlarmatuon about your Account to credll bureaus Late payments, missed paymeMs or other deVauVIs on your Account may be reflected In your credu report ll you thunk we have reported Inaccurate Inlormanon to a credit bureau, please write to us at Chase Card Servmes PO Box 15369. Wllmlngon, DE 1955075369 To Servlca And Manage Any OI Yum Accounus): When you give us your mobile phone numben we have your permission to contact you at tha‘ number about all your Chase 0r J P Morgan accounts Your consent allows us to use text messagmg, anlflclal or prerecorded vo|ce messages and aulomatlc dlallng technology for Inicrmatlonal and account service calls, but not for telemarketing or sales calls. l1 may Include contact 1mm companies worklng on our behall to service your accoums Message and data rates may apply You may contact us anytlme to change these preferences Aulhorlzauan To Converl Your check Ta An Elaclmnll: Translar Dab": When you provide a check as payment, you authorize us enher to use Information lrom your check to make a onertlme elecnomc lund transfer lrorn your account or to process the payment as a check. Your bank accoum may be debited as soon as the same day we receive your payment You will not receive your check back from your Institution Condlllonal Payments: Any payment check or other vorm of payment that you send US Vor less than the full balance due that Is marked "Dald In full" or contalns a simvlar notation, or that you otherWIse tender In lull satisfaction o! a disputad amount must be Sent (o Card SBrVIces, PVO Box 15049, Wllmlngton‘ DE 19350-5049 Wa reserve an our ngms regardmg mesa payments (s.g , It n is determined there ls no valid dispute or rl any such check Is rscsvved at any other address, we may accep! the check and you wull still owe any remaining balance) We may refuse to accept any such payment by returning n to you, not cashing n or destroying u All other payments tha‘ you make should be sent to the regular Payment address shown on mus statemenL Annual Renewal Nollca: H your Account Agreement has an annual membership lee, you are responsible for ll every year your Account Is open We wull add your annua| membership iee to your monthly billing statement once a year‘ whether or not you use your account Your annual membershlp tee Will be added to your purchase balance and may Incur Interest The annual membership fee Is non-reVundable unless you nomy us that you wush to close your account wnhin 30 days or one billing cycle (whichever is less) after we provide the statement 0n which (he annual membershlp fee 15 billed. Your payment o! (he annual membership flee does not aflecK our fights to close your Account and 10 Ilmn yuur right to make ‘ransactlons on your Account H your Accoum ls Closed by you or us‘ the annual membershlp fee wlll no longer be bllled to your Accoum Calculallon OI Balance Subject To Inlemsl Hale: To ngure your periodic Interest charges for each bilhng cycle when a daily periodic rate(s) applies, we use the dain balance rnefl'md (Including new transactlons), T0 figure your perlodic Interest charges for each mlllng cycle when a monthly peruodlc rate(s) applies, we use the average daily balance melhud (Including new transactions) For an explanation 0! either method. or questions about a particular Interes‘ charge calculahon on your statement‘ uleasecall us a‘ the toll free customer serv-ce phone number Insted above. We calculate psnodlc mteres‘ charges separately for each feature (for example, purchases, balance translars, cash advances or overdraft advances) These Calculations may combine different catsgorles WI‘I’I the Same Derlodlc rates Varlable rates WIII vary with the market based on the Prime Rate or such Index described In your Account Agreement There Is a transachon flee lor each balance transfer‘ Cash advance, Or Check ‘ransacllon in (he amour“ slated In your Account Agreement There is a foreign ‘ransactlon tee o! 3% ol the U.S dollar amount ol any lorelgn transacllon Vor some accounts Please see your Account Agreement for Intormatlon about mess fees We add transactions and fees lo your daily balance no earlier than 1 the dale 01 the transachon - for new puvchases, balance lranslers, overdran advances‘ cash advances, or My Chase Loans‘ 2. the date the payee deposns the check 7 for new cash advance checks or balance transter checks, 3 me date av a reamed transacuon, me dale mey are posted to your account, or (he last day o! me billing cycle, whlchever we may choose 7 for Vees How 1’0 Avoln Paylng Inlarasl On Purchases: Your due date wull be a mimmum 01 21 days amer the close of each bulling cycle l1 you pay your account (Dr Interest Saving Balance) In full each billing period Dy the date and time due‘ no Interest Is charged on new purchases month to month Also, we will not Impose Interest charges on any portion of a purchase balance you repay while tha‘ balance Is subject to an Interes\- free Derlod Subject to any Interest-Vree period 1or new purchases. we wull begin chargung Interest lrorn the date a transaction (including any balance transfer, cash advance or overdran advance), lee or Interest charge Is added m your dally balance unlll your account ls pald In 'ull Because we apply payments In excess of your mlnlmum payment Hrs! to hlgher rate balances, you may not be able to avoid Interest charges on new purchases i1 you have another balance al a hlgher Interest rate unless you pay your balance (or Interest Savlng Balance) in full each momh. C'edll lell: H you warn to inqulre about your options to help prevent your account from exceedung your credit Ilrnll, please cal| the number 0n (he back of your card. Wnal To Do ll You Tnlnk Von Flnd A Mlstaka 0n Your slammenl: IV you think mere Is an error on your statement, wrne to us on a separate sheet at Customer Service, PO Box 15299, Wilmington, DE 1985075299 In your Iener‘ give us the followmg Inlormatlon O Account Iniormation‘ Vour name and Account number, o Dollar amoum The dollar amount 01 the suspected error o Description o! Problemv H you think thera Is an error on your bill, describe what you believe Is wrong and why you believe n Is a mistake You must contact us wvthnn 60 days after the error appeared on your statement You must nomy us of any poIsntiaI errors m wrmng You may call us or nomy us electronically, but If you do we are not required lo Investigate any potential errors and you may haven: pay ms amount m quesuonv While we Investigate whether or not there has been an error, me lollcwlng are true - We cannot try to called the amount m quesuon. or repon you as delinquent on that amount. - The charge in question may remain on your staxement, and we may continue 10 charge you lnteresk on that amount Bul, H we determine that we made a mkstake, you wlll not have to Day the amnum In question or any Interest or okhsr Vees rela‘ed to that amount - While you do nol have t0 Day the amoum In question, you are responsmle for the remainder of your balance. - We can apply any unpald amount against your credit Ilrnit Yam nghls ll You Are Dlssallsllad Wllh Your Craflll Card Purchases: I1 you are dissatisfied w‘nh the goods or serwces that you have purc hased wcth your credut card, and you have Irled In good falth to correct (he problem with the merchant, you may have the rlghx nol (o pay the remalnlng amount due on the purchase To use this right all 01 the followmg must be (rue. 1. The purchase must have been made In your home state or wnhln 100 miles o! your current mavlmg address, and the purchase once must have been more than $50 (Nme' Nenher 01 these are necessary I! your purchase was based on an advemsement we mailed to you, or i! we own the company ma! sold you the goods or servmes) N.You must have used your credit card for the purchase. Purchases made wnh cash advances Vrom an ATM or wnh a Check that accesses your credrt card Account do not qualify, 3 Vou must n0! ye! have 'uIly paid for (he purchase I1 all onhe cmenaabove are me! and you are snll dissafished wrth the purc hase, contad us In writing at Customer Servme. PO Box 15299. Wulmington‘ DE 19850-5299 WhHe we Investlgate, the same rules apply lo the disputed amount as discussed above, After we 1|n|sh our Investlgatlon, we wlll tell you our declslon At xhal palm, l1 we think you owe an amount and you do n01 pay we may report you as dellnquenl MA0425201 To manage your account, including card payments, alens, and change of address, visit www.chasesom/cardhelg or call the customer service number which appears on your account statement. I_ WIIHHIIHIIHHIWIIIHIHIWIIWHIIHWIIIIWHHIWIIHIVI\IIIHIHWlllHM\llllllllllll|l||lHH|||||||1IIVII||IVIIIIIIIIIHIIIIHIIIIINllIll SD_SwornDocumentExecution 000262590008 9 _| Pkg Page 6 of 8 Manage your account online at: www‘chasecom/cardhelg5AF3F3HEFQfi RESERVE“ fiWE‘i’ME 5N“? 4M??“T”7x M? Date of Transacfion INTEREST CHARGED 1 2/1 5 PURCHASE INTEREST CHARGE TOTAL INTEREST FOR TH|S PERIOD 2020 Totals Year-to-Dake Total fees charged in 2020 Total in‘erest charged in 2020 Merchant Name or Transaction Description Doc Page 4 of 5 Customer Service: 1 -800-436<7970 Mobile: Download the Chase Mobile‘Q app today $ Amount 279.54 $279.54 $223.00 $3,057.17 Year-to-date totals do not reflect any fee or interest refunds you may have received 3 , Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Type Percentage Rate (APR) PURCHASES Purchases 23‘99°/o (v) (d) CASH ADVANCES Cash Advances BALANCE TRANSFERS 24.99°/o (V)(d) Balance Transfer 23.99%, (V)(d) (v) = Variable Rate (d) = Daily Balance Mexhod (including new transactions) (a) = Average Daily Balance Method (including new transactions) Please see Information About Your Account section for the Calculafion of Balance Subjecx to Interest Rate, Annual Renewal Notice, How to Avoid Interest on Purchases, and oxher important information, as applicable. ‘Includes interest charges on Late or Return Payment fees. "This My Chase Loan has expired. Interest will continue to accrue on this My Chase Loan balance until it is paid in full. HUY HO Page 2 of 2 Balance Subject To Interest Interest Rate Charges $14,176.31 $279454 _ o _ _ o _ _ 0 - _ 0 _ 30 Days in Billing Period SD SwornDocumentExecution 000262590008 Sta‘ement Date: 1 2/1 5/20 UVHWIIHIIIIHIIHIIIHWIIIIII{HIHIIHHIIIIVHHHINIDIHKNHIHIHHIVIW1|||H||||HIIHIHNIHIIIII||Hll||HlllllillllfllllllvlllIHl} Pkg Page 7 of 8 NHIHHIHIW\HHIIIHIHIIHHHNWMHHIIHHHWIHIHIHWI)!W?lllWHIVlWHHHIIHWHHll||WINHIIIHHIHHIIHHII|{
