declaratton pursuant to 1033 bCal. Super. - 1st Dist.April 23, 20211 2 3 4 5 6 7 8 I 10 11 12 13 14 15 '16 17 '18 19 20 21 22 23 24 25 26 27 28 REESE LAW GROUP Harlan M. Reese, Esq. , Bar # 118226 3168 Lionshead Avenue Carlsbad, CA 92010 760t842-5850 Attorneys for Plaintiff, Wells Fargo Bank, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO SAN FRANCISCO DISTRICT Wells Fargo Bank, N.A. Plaintiff, V. Case No. CGC-18-569669 DECLARATTON PURSUANT TO 1033(b) PHILLIP A WOODS Defendants, l, Harlan M. Reese, Esq., declare as follows: 1. I am an attorney licensed to practice before all of the Courts of the State of California. I am an attorney with the law firm of REESE LAW GROUP, A Professional Law Corporation, the attorneys of record for the Plaintiff herein. I have been primarily responsible for monitoring and prosecuting this action on behalf of the Plaintiff. This Declaration is offered in support of Plaintiff's request for Court Judgment to include Plaintiff's costs pursuant to C.C.P S1033. All of the facts set-forth below are known to me personally. lf called upon to testify to the truth thereof, I could and would be willing to do so. ilt Declaration Pursuant to 1033(b) ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 06/28/2019 Clerk of the Court BY: KENNETH HUNT Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 2. Plaintiff could not have brought the action within small claims court because it is a corporate entity, represented by counsel. Pursuant to C.C.P. S1033(b)(2), Plaintiff is limited to the actual cost of the filing fee, the actual cost of service of process, and when allowed by law, reasonable attorney fees. 3. On December 1 1 , 2018, pursuant to C.C.P. 51033(bX2), a demand letter was mailed to defendant. This letter informed the defendant of the intended legal action and the potential liability for plaintiff's costs. A true and accurate copy of this demand letter is attached hereto and labeled as Exhibit "A". I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this , at Carlsbad, California an M. Reese, Esq Attorney for plaintiff Declaration Pursuant to 1033(b) ( fX}J[TrT A Harlan M. Reese, Esq. Joseph M. Pleasant, Esq James E. Delaney, Esq. Jenny R. Louro, Esq REFSE LAW GROUP A Professional Law Corporation 3168 Lionshead Avenue Carlsbad, CA 92010 Telephone: (760) 842-5850 Facsimile: (760) 842-5865 Brcanno L, Reese, Esq. Golnaz Heidari, Esq. Shiv Samlani Esq. December 11,2A18 PHILLIP A WOODS 391 ELLIS ST SAN FRANCISCO CA 94102-2709 Re: Wells Fargo Bank, N.A. Our File Number: 558008 Claim: $7,267.98 Account Number Ending: 8631 , Dear PHILLIP A WOODS This law firm represents Wells Fargo Bank, N.A. . Your file was foruvarded to us for collection. The amount of your debt you owe to Wells Fargo Bank, N.A. is $7,267.98. Please note that if a lawsuit is initiated to collect the claim amount, and if our client prevails, a judgment may be entered against you which may include not only the principal amount but also the cost of filing the lawsuit, the cost of serving the lawsuit and, when allowed by law, reasonable attorney's fees. We urge you to contact Kathy Navarro, Ext. 2A5, a non-attorney collection assistant. S This Communication is from a Debt Collector IMPORTANT LEGAL NOTICE FEDERAL NOTICE Unless you notify us, within 30 days after receipt of this notice, that you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid. lf you notify us, in writing, within the 30 day period, thatthe debt or portion thereof, is disputed, we will obtain verification of the debt or obtain a copy of the judgment against you and a copy of such verification of the debt or judgment will be mailed to you. lf you notify us, in writing, within 30 days following receipt of this noticen we will also provide you with the name and address of the original creditor, if different from the current creditor. This letter is an attempt to collect a debt and any information obtained will be used for that purpose. CALIFORNIA NOTIGE The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before I a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Gollectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. DWFlOOA
