declaration re copies of documents in lieu of originalsCal. Super. - 1st Dist.January 13, 20211-leniy Yandell. Esq. (SBN: 321114) kantbrie L. Keith, Esq. (SBN: 303847) Lina M. Michael, Esq. (SBN: 237842) MICHAEL & ASSOCIATES, PC 553 St. Charles Dr., Suite 204 Thousand Oaks, CA. 91360 Telephone: (855) 785-4705 Facsimile: (805) 728-6266 Attorneys for Plaintiff, American Express National Bank Our File Number: 18105001 10 SUPERIOR COURT OF THE STATE OF CALII"ORNIA FOR THE COUNTY OF SAN FRANCISCO LIMITED CIVIL CASE 13 15 16 17 18 American Express National Bank f/k/a American Fxpress Centurion Bank, Plaintiff, vs. Chiu S Fok, aka Chiu San Fok, aka Chiusan Fok, aka Chiu Sanfok, an individual, Defendant, ) Case No.: CGC-18-571925 ) DECLARATION OF HENRY YANDELL ) RE: COPIES OF DOCUMENTS IN LIELJ OF ORIGINALS ) ) ) ) ) ) ) 19 22 23 24 25 26 27 I, HENRY YANDELL, declare as follows: 1. 1 am an attorney at law, duly licensed and authorized to practice law betore all Courts in the State of California and am attorney'f record for Plaintiff. If called upon to testify as a witness, I could and would testify in this matter on my OYvn personal knowledge to the following facts: 2. On or about December 07, 2018, this office filed the above referenced action against the Defendant Chiu S Fok, aka Chiu San Fok. a! a Chiusan Fok, aka Chiu Sanfok, an individual ("'Defendant") on behalf of American Express National Bank f/k/a American Express Centurion Bank ('merican Express"). The suit requested damages from the Defendant in the amount of $20,773.16based on coinmon counts causes ol'action. Subsequentlv, Plaintif'1'served the named DLCLARATION OI'ILNRY YANDLLL ISL. COI II.S OF DOCDML'NTS IN LIDL'f'RIGINALS ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/10/2020 Clerk of the Court BY: RAYMOND WONG Deputy Clerk 10 12 13 15 16 17 20 Def'endant with the Summons and Complaint in this action. Despite being properly served. Defendant has failed to file an answer. Plaintiff nosv seeks a default judgment against the Defendant. 3. Within the last two years, the Defendant had financial transactions with Plaintiff American Express National Bank f/k/a American Express Centurion Bank, (hereinafter "AMEX"). Defendant applied for and was issued a Platinum Card for the purposes of obtaining goods and/or services, and/or cash advances from businesses that honor the card and utilized the Card over a period of several years. Plainti I'f kept an accounting of debits and credit on the account and mailed the Defendant a statement outlining those debits and credits each month. Defendant failed to object to the amount listed on the final statement of account. Despite being mailed a final statement of account, Defendant has failed and refused to pay the balance owing. Defendant is indebted to Plaintiff in the amount of $20,773.16. 4. AMEX has been unable to produce the "original" copy of the final statement of account which shows a total balance owing of $20,773.16 because the "original" was mailed to the cardmember. Ilowever, American Express has provided this office with a copy of'said document which is attached hereto and marked as Exhibit "A". As this document is computer generated, a copy should be considered in the same manner as an original. 5. Therefore, I request that the Court accept the copy of said document for the purpose o issuing the judgment in this matter. I declare under penalty of perjury under the laws of the State ol'California that the foregoing is true and correct. 22 23 24 DATED Isz. ~~~ IV, 2020 MICHAEL 2 ASSOCIATES, PC 25 26 HENRY YANDELL, Attorney for Plaintiff DECLARAl ION OE IIENRY YANDLLL RE: COPIES Ol DOCUMLN I'S IN LIEU OI- ORIGINALS