declaration of henry yandell re copies of documents in lieu of origin

Cal. Super. - 1st Dist.April 1, 2020

Lina M. Michael, Esq.: SBN: 237842 Brian P. McGurk, Esqq SBN: 250091 Kambrie L. Keith, Esqq SBN: 303847 Henry Yandell, Esqq SBN: 321114 MICHAEL A ASSOCIATES, PC 3 555 St. Charles Dr., Suite 204 Thousand Oaks, CA. 91360 4 Telephone: (855) 785-4705 Facsimile: (805) 379-8525 5 Attorneys for Plaintiff, 6 American Express National Bank Our File Number: 18085508 7 SUPERIOR COURT OF THK STATE OF CALIFORNIA FOR THE COUINTY OF SAN FRANCISCO 10 CIVIC CENTER COURTHOUSE - UNLIMITED CIVIL CASK 16 17 18 19 Gilbert Nash, aka Gilbert Nash Pinon, an individual; Cinemalltec LLC, a Limited Liability Company; Does I through 20, inclusive. Defendant, 11 American Express National Bank, Successor by Merger to American Express Bank, FSB, 13 Plaintiff, vs. 15 ) Case No.: CGC-18-572332 ) DECLARATION OF HENRY YANDELL ) RK: COPIES OF DOCUMENTS IN LIEU ) OF ORIGINALS ) ) ) ) ) ) ) ) ) 20 I, HENRY YANDELL, declare as follov s: 21 I. I am an attorney at law, duly licensed and authorized to practice law before all Courts in the State of California and am attorney of record for Plaintiff. If called upon to testify as a 23 witness, I could and would testify in this matter on my own personal knowledge to the following 24 facts: 25 2. On or about December 24, 2018, this office filed the above referenced action against the Defendant Gilbert Nash, aka Gilbert Nash Pinon, an individual ("Defendant") on behalf ol 27 American Express National Bank, Successor bv Merger to American Express Bank, FSB ("Plaintiff"). The suit requested damages from the Defendant in the amount of $37,531.03 based DECLARATION OF HENRY YANDELL RE COPIES OF DOCUIRENTS IN LIEU OF ORIGINALS ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/22/2019 Clerk of the Court BY: NADITA MASON Deputy Clerk 10 13 14 15 16 17 18 19 20 21 on common counts causes of action. Subsequently, Plaintiff served the named Defendant with the Summons and Complaint in this action. Despite being properly served, Defendant has failed to file an answer. Plaintiff now seeks a default judgment against the Defendant. 3. Within the last two years, the Defendant had financial transactions with Plaintiff American Express National Bank, Successor by Merger to American Express Bank, FSB, (hereinafter "AMEX"). Defendant applied for and was issued a Business 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. Plaintiff 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 $37,531.03. 4. AMEX has been unable to produce the "original" copy of the final statement of account which shows a total balance owing of $37,531.03 because the "original'as mailed to the cardmember. However, 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 ol issuing the judgment in this matter. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 22 23 24 25 DATE: July 1 t, 2019 MICHAEL k. ASSOCIATES, PC By: HENRY YANDELL, Attorney for Plaintiff 26 27 DECLARATION OF HENRY YANDELL RE: COPIES OF DOCUMENTS IN LIEU OF ORIGINALS EXHIBIT A Business Platinum Garde CINEMALLTEC LLC GILBERT NASH Closing Date 08/10/18 Next Closing Date 08/lg/18 nimum Payment Due ncludes the past due amount of $8,335.59 yment Due Date 05/05/15 8 New Balance 537,531.03 58,554.55 fllJAL9I Account Ending 1004 Membership Rewards'o~intsLAvailable and Pending as of 06/36/i 8 8,172For up to date point balance and fu8 programdetails, visit membershiprewards.corn Account Summary Late Payment Warnings lf you do not pay your Minimum Payment Due by your Next Closing Date of 09/ IO/18, you may have to paya late fee of the greater of $ 38.00 or 2.9958 of the past due pay in Full amount. Also, your pay Over Time APR may be increased to the Penalty APR of 299948 New Charges Fees New Balance $5,587.59 -$6 OO +$6 OO +$0.06 $ 5,587.59 Minimum Payment Warning: If you make only the minimum payment each period, you eall pay more in interest and it will take you longer to pay off your balance. For example: no additional You sag payoffthe Pay Over And for the Pay Over Tim each month you Time balance shown on this, balance you wil! pay an statement in about. estimated total of... Pay Over Trme Portion Previous Balance Payments/Credits New Charges Fees Interest Charged ew Balance nimum Due $31,943 44 -$6.66 +$8 oo +$O.OO +$866 $ 3 '1,943 44 $3,667 OO nly the m Payment Due 31 years If you would kke information about credit counseling servims, cag 1-888-733 &I 39. 5ee page 2 for important information about your account. countTotal Previaus Balance ments/Credits w Charges rest Charged $37,531.63 -$6.06 4$OOO +$6.08 +$0.88 Oj This statement is for information purposes only. This is not 8 bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, yeur account is in default en the balance is due in full. Please note, your preset line is 539,500.00. You have spent 537,531.03 ew Balance imum Payment Due in Billing Period: 36 Customer Care Pay by Computer I ~ open colrl/pbc $37,551.63 58/554.59 r Customer Care Pay by Phone 1-808-492-8468 1-860&72-9297 g See page 2 for additional information. 4 Please fold on the perforation beiow, detach and return with your payinenta H Payment Coupon ~~ Pay by ComputerDo not staple or use paper dips ~open com/pbc n l r I Ir Ill I r l I ill is l r I I I J I I I I I I I ( p I I l I l I ( sr I I I I li i I I Ilail I liil I l GILBERT NASH CINEMALLTEC LLC 933 15TH ST APT B SANTA MONICA CA 90403-3 176 Pay by PhoneII-1-806-472-9297 Account Endin~1664 Enter 1 5 digit account 4 on all payments Make check payable to American Express I Payment Due Date 09/05/18 New Balance 837,531.03 Mmimum Payment Due CI Check here if your address orphone number has changed. Note changes on reverse side. nlalhilljp9ihlplgllppllllnllllpllpillilllplRnllll AMERICAN EXPRESS BOX 0001 LOS ANGELESCA 9009641000 Amount Enclosed 000034999239341553b 003753103000545459 07 ri GILBERT NASH Account Ending 1004 Paymentst Your payment must be sent to the payment address showr. an your statement and must be received by 5 p.m. local time at that address to be credited as af the day it is received. Payments we receive after 5 p.m. vnlf not be oedited to your Account until the next day. Payments must also: (I) include the remittance coupon from your statement, l2) be made wrth a single check drawn on a US bank and payable in U5 dollars, or with a negotiable instrument payabte In US dollars and clearabie through the US bank'mg system, and {3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur fate payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dallars and «fearabie through the US banking system tf we accept payment in a foreign currency, we will convert it inta U5 dollars at a conversion rate that 8 acceptabte to us, unless a particular rate ts required by law. Please do nat send post-dated checks as they wil be deposxed upon receipt. Any restrictive language on a payment we accept wilt have no effect on us without our express prior written approval We will re-present to your financial institution any payment that is returned unpaid Permission for Electronic Withdrawak (I } When you send check for payment, you give us permission to efectronkalfy withdraw your payment from your deposit or other asset account. We wifl process checks electronxaffy by tiansmitting the amount af the check, rouung number, account number and check senal number to your gnandai institution, unless the check 8 not processable efectronically or a less costly process is available. When we process your check electronicagy, your payment may b wtthdrawn from your deposit or other asset account as soorr as the same day we receive your check, and you will not recewe that cancelled check wtth your financiai account statement. If we cannot collect the funds electronically we may issue a draft agamst your deposit or other asset account far the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us p nnisston to electronically withdraw funds from the depostt or other asset account you speafy tn the amount you request. Payments uwng such sennces of ours recewed after 8.00 p.m. AIST may not be credited until the next day How We Calculate Your Balance: We use the Average Deity Balance {ADB) methad (incfudrng new transactions) to calculate the balance on which we charge interest for Pay Over Time balances on your Account. Caff the Customer Care number fisted below far more infarmation about this balance computation method and how resulting interest cfwrgee are determined. The method we use ro calculate the ADB and in ferest results m ddrly compounding of interest. How to Avoid Paying Interest: If you have a Pay Over lime bafance, your due date is at least 25 days after the close of each billing penod We will not charge interest an charges added toe Pay Over Time bafance If you pay the Account Total New Balance by the due date each month Foreign Currency Charges: lf you make a Charge in a foreign currency, we wilI convert it into US dollars on the date we or our agents process it. We wrll choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest offioal rate published by a government agency ar!he highest interbank rate we identify from customary banlong saurces an the conversion date or the pnor business day This rate may differ from rates m effect on the date af your charge. Charges converted by establishments will be billed at the rates such estabfishments use. Credit Balan«et A credit balance (designated CR} shown an this statement represents money owed to you. If within the six-month penod fogavnng the date of the lirst statement indicating the credit bafance you do not request a refund or charge enough to use up the credit balance, we wifi send you a check for the credit balance within 30 days if the amount is 51 00 or more. Credit Reporting: We may report infarmatmn about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report Q Customer Care 8 Biging inquiriesinternational Collect Large Print Br Braige Statements Express Cash I-8004924H68 Hearing impaired 1-623-492-7719 TTYI 1-800-221-9950 1-800-492-8468 FAXI 1-800-695-9090 I -800-CASH-NOW In NYr 1-800-522-1897 stamer Care fling inquiries BOX 981535 ASO, TX 98-1535 Payments BOX 0001 LOS ANGELES CA 90096-8000 Website amencanexpress corn Change of Address If ~ fotdo t 'ech» geyov add esso llm vdtmvwamencanekp ewcomf pdatecontactmto 'orhamecompanyhameandForegnhddressorphorocha gcspl ceaC sw e Cam 'Pia p tleariynileehtacknk ly th t «po dd Pay Your Bill with AutoPay Avoid late fees Save tlfne Speci Add ew II co. state Zip Code I Area Code and Hon e Ph sne Area Cod» and Wod Pho 1 al I I I I I I I I I I I I I I I I Deduct your payment from your bank account automaticaliy each month 18sit americanexpress.cern(autopsy today to enroll. ( ) Fm I formation en how we p otectypnvacyandtosetyc co mnoand p W h .pleasewwwattsteneetteapress eomfptlvaqc Business platinum Garde CINEMALLTEC LLC GILBERT NASH Closing tyate 0S/10fte NISEI p. 3/3 Account Ending 1004 Fees Total Fees for this Period Amount Interest Charged Total Interest Charged for this Period Amount $0.00 About Trailing interest You may see interest on your next statement even if you psyche new balance et fuil and on time and make no new charges This is called "trading interest." Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens we charge interest from the first day of the bilhng permd until we receive your payment in full You can avoid paying interest on purchases by paying your balance m full and on time each month. please see me "When we charge interest" sub-section in your Cardmember Agreement for details. 2018 Fees and Interest Totals Year-to-Date I Fees in 2018 I liiterest In 20t8 $ 199 $ 3,90A