declaration in support of default 1033Cal. Super. - 1st Dist.February 4, 2020Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. ¹99804 Janalie Henriques, Esq. ¹111589 Keri L. Salet ¹318913 151 Bernal Road Suite 8 San Jose CA 95119-1306 Telephone: (408) 362-2270 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN FRANCISCO SAN FRANCISCO LIMITEDDIVISION-LIMITEDCIVIL 10 PORTFOLIO RECOVERY ASSOCIATES, LLC, Case No. CGC-18-567618 12 vs. Plaintiff, 13 JOSHUA BRUHN, DECLARATIONOF COUNSEL RE: 1. INTEREST 2. COSTS (CCP II 1033) 3. ATTORNEYFEES Pl IA 0 C cb m ~ CO 00 Z ja Q0 15 16 Defendant(s). I, the undersigned declare 17 1. I am an attorney at law duly licensed to practice before all courts in the state ofCalifornia and I 18 19 20 am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly authorized custodian of the business books and records of Hunt and Henriques, Plaintiff's counsel as they pertain to the captioned matter. 21 2. Ifcalled to testify as a witness, Icould and would competently testify as to all the facts stated in 22 23 24 this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be ntie. INTEREST 25 3. Plaintiffdid not request pre-judgment interest in its complaint. 26 COSTS 27 4. Plaintiffcannot utilize Small Claims Court due to the volume ofdelinquent credit accounts that 28 Plaintiffpursues and the fact that judgments in Small Claims Court require a court appearance. Page I Declaration Regarding Interest Costs and Attorney Fees DJ I I DJ DRICAFNI I JJO 1267053.001 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 06/27/2019 Clerk of the Court BY: NADITA MASON Deputy Clerk IKl IU N 4~uz 0~8xZ 15 ATTORNEYFEES 16 6. Plaintiff, through its counsel, hereby waives attorney fees. 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is 18 hue and correct. Executed on June 20, 2019 in San Jo 1 In order to file actions in Small Claims Court, Plaintiffwould need to hire additional employees. 2 Actions to recover the delinquent credit account balance are filed in the jurisdiction where the 3 Defendant resides. Plaintiffs employees would need to travel throughout the state which would 4 cause them to be out of the office on a regular basis and therefore unable to perform other job 5 duties. CCP II 116.540(b) states that a corporation may appear only through an employee who is 6 employed for purposes other than solely representing the corporation in Small Claims Court. 7 Therefore, proceeding in Small Claims Court is not practical. 8 5. The business books and records ofPlaintiff's counsel show that prior to suit, Plaintiff's counsel 9 sent a letter to Defendant informing Defendant ofPlaintiff's intent to initiate legal action against 10 Defendant and that legal action could result in a judgment against the Defendant which could 11 include costs to the extent permitted by law. The letter sent to Defendant was a form letter. The 12 only specific account information in the letter was the Defendant's name, address, redacted 13 account number and account balance. A true and correct copy of this letter has been printed and 14 is attached as Exhibit A. 19 20 21 22 Keri L. Shlet ¹318913 Hunt k Henriques Attorneys for Plaintiff 23 24 25 26 27 28 Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ 1 I DJ DR ICAF NI I JJO 1267053.001 MICHAELS. HUNT JANALIE HENRIQUES JOSHUA BRUHN 210 SAN BENITO WAY SAN FRANCISCO CA 94127-2018 HUNT&HENRIQUES ATTORNEYS AT LAW 151 BERNAL ROAD, SUITE 8 SAN JOSE, CA 95119-1306 May 24, 2018 TELEPHONE (800)496-5048 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS PORTFOLIO RECOVERY ASSOCIATES, LLC Account number ending in: 6166 Balance due as of May 24, 2018: $ 1,930.93 Dear JOSHUA BRUHN: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client PORTFOLIO RECOVERY ASSOCIATES, LLC. Legal action could result in a judgment against you that would include the costs and necessary disbursements which shall be limited to the actual cost of the filing fee and the actual costs of service of process. This communication is from a debt collector. Very truly yours, Shih-lan Chen Hunt & Henriques Attorneys at Law HUNT & HENRIQUES ATTORNEYS AT LAW 151 BERNAL ROAD, SUITE 8 SAN JOSE CA 95119-1308 RETURN SERVICE REQUESTED llijllll/~/jj/illlla/Iaaaa/ilttjl~ Islgllalsjlssll~ jlllalllll~jlt JOSHUA BRUHN 210 SAN BENITO WAY SAN FRANCISCO CA 94127-2018 5X!8 su I't DD0002KE S-SFHUHE10 P8DB0600200448 - 547305433 l00896 1TNVBE 1267053.001
