Declaration CCP 1033Cal. 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 523 Santa Clara - Civil A. VillanL Anna C. Karkoon, State Bar #295797 ElegtromFallg Flled f CAChristine Siduguen, State Bar #240380 by ”parlor curt o ’ Paul J. Klemm, State Bar #199194 County of Santa Clara, RAUSCH STURM LLP on 8/5/2021 4:04 AM 250 N. Sunnyslope Road, Suite 300 Reviewed By: A. Villanueva Brookfield WI 53005 case #21 CV381 523 Telephone: (877) 215-2552 Envelope: 699971 9 Facsimile: (877) 396-4464 E-mail Address: LawfirmCA@rsieh.com Attorneysfor Plaintifl SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN SUPERIOR COURT TD Bank USA, N.A. as successor in interest t0 ) Case N0.: 21CV381523 TARGET NATIONAL BANK, ) ) ATTORNEY DECLARATION RE: Plaintiff, ) CASE SUMMARY, COSTS (CODE ) OF CIVIL PROCEDURE §1033), VS. ) AND EVIDENCE CODE §1550 ) GERMAN M TORRES, ) ) LIMITED CIVIL CASE Defendant. ) ) I, the undersigned, hereby declare and state as follows: 1. I am an attorney licensed to practice before courts ofthe State of California. Ihave personal knowledge of the facts set forth herein, and if sworn as a witness, Iwould and could testify thereto. 2. This is the proper venue and court location for this action because it is upon information and belief that Defendant resided in this court's jurisdiction at the commencement of this action. 3. Plaintiff TD Bank USA, N.A. as successor in interest t0 TARGET NATIONAL BANK (“Plaintiff”) is seeking to recover from Defendant GERMAN M TORRES (“Defendant”) the past-due balance on a credit card account ending in ************95 12, Which was opened and used by Defendant for value received. 4. The amount due is the result 0f transactions that occurred 0n the Account, which upon information and belief, were for personal, family, 0r household purposes, occurring through use by Defendant or by authorized users. 1 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033), ANié33594 EVIDENCE CODE §1550 eva 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. This action is not subject t0 the provisions 0f section 2981, et seq. (Rees-Levering Act) 0r section 1801, et seq. (Unruh Act) 0f the California Civil Code. REQUEST FOR COSTS PURSUANT TO CODE OF CIVIL PROCEDURE $1033 6. Prior t0 the commencement 0fthis action, as part 0four office's usual course ofbusiness and pursuant t0 Code 0f Civil Procedure, section 1033, subsection (b)(2), Plaintiff mailed to Defendant’s last known address(es) a written notice 0fthe intended legal action against Defendant and that such action could result in ajudgment against Defendant that would include costs and other reasonable fees allowed by law. A true and correct copy 0f the letter sent t0 Defendant is attached hereto as Exhibit 1. 7. When Defendant failed t0 pay the balance due, Plaintiff filed and served the Complaint on Defendant. 8. Plaintiff is seeking to recover the actual costs 0f the filing fee, e-filing fees, and fees for service 0f process and any attempts at service, if applicable, for a total amount of $327.90. JUDGMENT CALCULATIONS 9. The Complaint asserts claims for a balance due 0f $1,319.55, plus court costs 0f $225.00, service fees 0f $85.00, and e-filing fees of $17.90 for a total sum due of $1,647.45. 10. Plaintiff is entitled to recover the actual costs 0f a filing fee and the actual costs of service 0f process, as listed below: Filing Fee: $225.00 Service Fee: $85.00 E-filing Fees: $ 1 7.90 Total: $327.90 REQUEST FOR JUDGMENT BY DEFAULT 1 1. Within the statutory period, an account was stated in writing by and between Defendant and Plaintiff, in which it was agreed that Defendant was indebted on the account. 12. Regular monthly statements were mailed to Defendant listing the debits, credits, and balance due 0n the account. By using the Account, Defendant expressly 0r impliedly agreed and promised t0 repay the obligation. Plaintiffhas n0 record ofDefendant timely obj ecting t0 the monthly statements after receipt and an unpaid sum remains due and owing. 2 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033), ANié33594 EVIDENCE CODE §1550 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Plaintiff or Plaintiff’s counsel has made demand upon Defendant for repayment of the balance, however, Defendant has failed t0 satisfy the outstanding balance due. Plaintiffhas duly performed all promises, conditions, and agreements 0n its part t0 be performed. 14. I am informed that Defendant has failed t0 answer 0r defend Plaintiff's complaint Within the time allowed by law, and therefore, the allegations 0f the complaint are to be admitted. 15. As of the date 0f this default request, there is due and owing the unpaid sum 0f $1,647.45. Plaintiff waives its right to collect any balance over the current balance due and owing, and waives any security interests it might hold. (See Exhibit 2.) 16. Accordingly, Plaintiff requests judgment as asserted in the complaint for a total sum due 0f $1,647.45, which includes the principal amount 0f $1,3 19.55, plus the filing fee, e-filing fees, and fees for service of process and attempts at service, if applicable, of $327.90. RE UEST TO ACCEPT COPIES IN LIEU OF ORIGINALS 17. Plaintiff either mailed original statements of the account and/or any original application/contract t0 Defendant, 0r said original documents cannot be located. In its normal business and procedures, Plaintiff maintains records electronically, and thus, originals are not available. 18. Plaintiff has provided this office With a true and correct copy of the original statements of the account and/or any original application/contract, Which is attached as Exhibit 2. 19. Accordingly, Plaintiff requests that this Court accept any copies of documents produced as part of this default request in lieu 0f the originals, pursuant t0 Evidence Code, section 1550. I declare under penalty ofperjury under the laws 0f the State 0f California that the foregoing is true and correct. DATED: 07/26/2021 RAUSCH STURM LLP Christine Siduguen Attorneys for Plaintiff 3 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033), ANié33594 EVIDENCE CODE §1550 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 4233594 250 N, SUNNYSLOPE ROAD, SUITE 300 BROOKFIELD WI 53005 | I | I | I i FREEDOM DEBT RELIEF, LLC i i 1875 s GRANT ST STE 400 5 : SAN MATEO, CA 94402-2676 : i E | I l J LCANIS Our File No‘ 4233594 RAUSCH STURM ATTORNEYS AT LAW 25C) N SUNNYSLOPE ROAD, SUITE 30C) BROOKFIELD WI 53005 CT LICENSE NOS. \OBQ‘ \O; \606669; \942762 COLORADO ADDRESS: NYC LICENSE Nos. 208564‘ ; 208 \ 3 \ O; 208 \ 3‘ \; 5500 S QUEBEC ST , STE 26C) 208 \ 3 \ 3; 2093070 GREENWOOD VILLAGE CO 80‘ \ \ YONKERS LICENSE NOS‘ ‘0209; \OE‘ \; \OE‘O; ‘0267; ‘0347 BUFFALO LICENSE No‘ CAG \ 9- \ 0049866 TOLL FREE (877) 2 \ 5-2552 ‘I'I'Y' 7‘ w NORTH CAROLINA PERMIT NOS‘ FAX' (877) 396-4464 \ \4083 (WI OFFICE); \ \4084 (CO OFFICE) LAWFIRMCA@RSIEH COM www RAUSCHSTURM COM HOURS OF OPERATION: M-TH 8AM-8PM; F 8AM-6PM CST April 8, 2021 FREEDOM DEBT RELIEF, LLC 1875 S GRANT ST STE 400 SAN MATEO, CA 94402-2676 Re: GERMAN M TORRES Creditor t0 Whom the Debt is Owed: TD Bank USA, NA. Account N0.: *** *** *** ***95 1 2 Target credit card account Our File Number: 4233594 Account Balance: $1 ,3 19.55 Dear Freedom Debt Relief, LLC: We represent TD Bank USA, N.A.. We have made several attempts t0 resolve this account with you t0 n0 avail. We have payment plans available, and are committed t0 finding a solution that accommodates your situation. Call toll-free at (877) 215-2552 TTY: 711. Please be advised that ifwe d0 not obtain payment 0r otherwise reach a satisfactory resolution 0f your account, we may proceed with the filing ofa lawsuit against you t0 collect the balance owing 0n the above-referenced account. Furthemlore, you are hereby notified pursuant t0 California Code ofCiVil Procedure Section 1033(b)(2) that any possible legal action could result in ajudgment against you that would include the costs and necessary disbursements allowed by law, if TD Bank USA, N.A. requests those costs and necessary disbursements and is found t0 be legally entitled t0 the same. Please give this matter your prompt attention and contact our office toll-free at (877) 215-2552 TTY: 7'1 1. Sincerely, RAUSCH STURM This communication is from a debt collector. This is an attempt t0 collect a debt and any information obtained will be used for that purpose. |\||\|||\|||HII\HII\II\I\||||\|||\I\||\ - LCANIS szzo LCANIS Our File No‘ 4233594 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 4233594 TARGETe *OOOOO* REDcard Ending in: 9512 Account Identification Number:_1 947 Statement Closing Date: July 27, 2020 GERMAN M TORRES Page 1 of2 Summary of Account Activity Payment Information Previous Balance $1,279.55 New Balance $1,319.55 Payments and Other crews -$0.00 Minimum Payment Due $1,319.55 Purchases and Other Debils +$0.00 Past Due Amount $45300 Payment Due Date 8f27{2020 Fees Chargec' +3403“ If you would like information about credit counseling services, Interest Charged +$0.00 ca" 1_800_991_8433I New Balance $1,319.55 For questions, an address change or to report a Credit Limit $0.00 . _ Available Credit $000 lost or stolen card, go onllne or call us. Statement Closing Date 7f27f2020 Manage My REDcard Target.comfmyREDcard Days in Billing Cycle 30 Target Card Services 1-800-659-2396 TDDITDY 1-800-347-5842 Outside the U.S. 1-612-307-8622 (Call Collect) Calling will not preserve your filling-error rights Important Messages Your account has been charged off. This is your final statement. If you have been impacted by coronavirus, we're here to help. Browse our FAQS in the "Settings & Help" section on Manage My RedCard at Target.comimyRedCard to learn more. Transactions Trans Date Description of Transaction or Credit Location Amount Payments And Other Credits No paymenls or credits were received last month. Fees Jul. 24 LATE PAYMENT FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00 (Iransacfiom continued on next page) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INQUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD SERVICES Account Number Ending in 95 12 Account Idenfificafion Number -1947 TARGETQ New Balance $1,319.55 Minimum Payment Due $1,319.55 Payment Due Date August 2?, 2020 NEw PHONE, HOME 0R Amount ELEEQETPDSETESW TARGET CARD SERVICES Emma" s REVERSE SIDE. P.0- BOX 660170 OFFICE COPY DALLAS TX 75266-0170 I-'II'|||'IIIIIIl'I|-III-I'|"I'II||"-||"|I'I"|"IIIIIIII'III' GERMAN M TORRES PO BOX 2330 PHOENIX AZ 85002-2330 "IIIII'II"I'I'I-I-II'-I'-I'I'IIIII'III"I'III'III'II'I'IIIIII'I - - TARGETe *OOOOO* REDcard Ending in: 9512 Account Identification Number:_1 947 Statement Closing Date: July 27, 2020 GERMAN M TORRES Page 2 of2 Transactions (cont) 2020 Totals Year-to-Date Total fees charged in 2020 $268.00 Total interest charged in 2020 $128.96 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject In Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 0.00% $0.00 $0.00 There is a Minimum Charge of $1.00 for any billing period in which an interest charge is imposed. Special Announcements and Exclusive Offers Go Paperless and more! Go paperless, easily make payments, and set up alerts for your account with Manage My REDcard! Enroll today at Target.comlmyREDcard. 18801947
