declaration in support of default judgmentCal. Super. - 1st Dist.September 2, 2021I 2 J 4 5 6 7 8 9 10 11 t2 13 t4 l5 I6 17 18 l9 20 2I 22 23 24 25 26 27 28 Breanne L. Reese, Esq. SBN# 314663 D. Wilson Jordan, Esq. SBN# 279959 Reese Law Group 3I68 LIONSHEAD AVE Carlsbad, CA 92010 r-(760)-842-s8s0 r-(760)-842-s86s Attomeys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Wells Fargo Bank, N.A., Plaintifl DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT JANET GONZALEZ Defendant(s). I, L^n 0 bn , declare as follows: l. I am a Loan Adjustor of Wells Fargo Bank, N.A, ('lMellSle1gg") and am authorized to sign this declaration on behalf of Wells Fargo. If called to testify, I would competently testify under oath as to the following: 2. I am over the age of eighteen and as part of my job responsibilities for Wells Fargo I have personal knowledge of and am familiar with the types of records maintained by Wells Fargo for the purpose of servicing credit accounts and the procedures for creating those types of records. v Case No. CGC-19-572973 JANET GONZALEZ Account Number Ending In'l"N.t* * *'*'r {' i('t'r * 67 32 -1- PLAINTIT'FOS DECLARATION IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT LGLCOE002 (11/2018) ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 08/21/2019 Clerk of the Court BY: KENNETH HUNT Deputy Clerk 1 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 17 l8 l9 20 2I 22 23 24 25 26 27 28 3. The information in this declaration is taken from Wells Fargo's business records. The records are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; and (b) kept in the course of Wells Fargo's regularly conducted business activities. It is the regular practice of Wells Fargo to create and maintain such records. In connection with making this declaration, I have acquired personal knowledge of the matters stated herein by personally examining the business records relating to the account (the "Account") that is the subject of the Complaint filed in this action. 4. The above-referenced Defendant's(s') Account ending with {€:t'k'l"&**'F**x*6732 was opened on 09/1112008. A true and correct copy of the document evidencing the Account is attached hereto as Exhibit A. 5. The Defendant(s) was/were extended credit on the Account. 6. The Defendant(s) made payments of principal and interest on the Account up and through 0512312018, the last payrnent of which was for $200.00. Following this date, no further payments were made on the Account, and a balance of $6,091.32 remains due and owing. Attached hereto as Exhibit B is a true and correct copy of the statement of account which reflects the last payment. 7. Wells Fargo sent the Defendant(s) statements of the Account each month. The statements reflected the balance from the previous month, all payments and credits made since the last statement, along with any new activity since the prior statement. Additionally, the monthly statement showed the interest rate for the Account, the calculation of the interest rate on the balance, and the minimum payment which would be due and payable for that month. Attached hereto as Exhibit C is a true and correct copy of the last statement of account which reflects the balance due and owing of $6,091.32. 8. Wells Fargo made demand for payment. t.t.t a JANET GONZALEZ Account Number Ending In * * * *'t * * * * >N'F'x 67 32 PLAINTIFF'S DECLARATION IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT LGLCOE002 (11/2018) 1 2 J 4 5 6 7 8 9 10 11 t2 13 I4 15 I6 t7 l8 19 20 2T 22 23 24 25 26 27 28 9. Pursuant to the terms of the agreement evidencing the Account, Defendant(s) has/have agreed to pay court costs and reasonable attomeys' fees which Wells Fargo incurs in enforcing the agreement. Wells Fargo has been required to retain an attorney in order to prosecute this action and requests an award of reasonable attorneys' fees and costs. I declare under penalty of perjury under the laws of the state of California that the foregoing o is true and correct. Executed this D day of 20 l3-, at West DesU Moines,Iowa. -o fu.t, Print Name: a/tC4_ I h.Title : Loan Adjustor 3 JANET GONZALEZ Account Nrrmber Ending In * * * * * * tN ;N t('F * t* 67 32 PLAINTIFF'S DECLARATION TN SUPPORT OF MOTION FOR DEFAULT JUDGMENT LGLCOE002 (11/2018) EXI-IIBIT A CONSUMER CREDIT CARD CUSTOMER AGREEMENT & DISCLOSURE STATEMENT VISA@ /t il Sectionl:Page1 Section 4: Page 2 Section 10 : Page 4 Section 11 : Page 5 Section 19 : Page 7 Section 21 : Page 9 Section 31 : Page 10 Section 32 : Page 11 Section 33 : Page 12 Section 34 : Page 12 on: Military Service: Certification: Notice To Galifornia Cardholders To our California customers who have discussed credit card terms and conditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog: Read Section 34 about interpreter certification before you activate your credit card. Lea la Secci6n 34 sobre ceftificaci6n de int6rprete antes de activar su tarjeta de cr6dito. FEt8tE#ffitrHf,zEfffiiltr 34 E'FH! rM#FiB-#r ' +ldlsl dETlE= Er.€Ef61^l7l dql 5q^l E6ql rJ-d 34eg 9-lo^l7l HfaJLltl-. H5y doc PhEn 34 vE xiic nhdn th6ng dich vi6n trUdc khi quli vi kich hoat the tin dung c[ra minh. Basahin ang Seksyon 34 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo i-activate ang iyong credit card. Your Contract With Us (1) Agreement. This contract for your credit card account ("Account") includes the Credit Card Agreement ("Agreement"), the Important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, N.A. and each Account holder. You and any joint Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Annual Percentage Rate (APR) A rate, shown as a percentage, used to calculate interest on the balance on your Account, Billing Cycle or Billing Period The time period between billing statements. Each billing statement shows a statement closing date which is the last day of the Billing Cycle. Balance Transfer The transfer of a balance from another credit account to your Account, including the use of a check that accesses your Account, Card Any cards we issue to you or any devices we allow you use to access credit on your Account. Cash Advance Use of your Card to get cash. Examples include using your card for cash advances through an ATM, bank teller or Wells Fargo Online, Overdraft Protection advances, balance transfers, or cash-like purchases such as money orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off-track wagers/ other wagers, vouchers redeemable for cash or similar items. Credit Access Device A device, other than your Card, like SUPERCHECKS,* and mobile devices, that we allow you to use to access credit on your Account. Important Terms of Your Credit Card Account A summary of your Account's APRs, fees and other imporLant information. New Balance The total amount you owe as of a statement closing date Page 1 of 12 Outstanding Balance The sum of all unpaid amounts, including Purchases, Cash Advances, balance transfers, interest, fees and any other amounts that you may owe us. Payment Due Date The date the Minimum Payment is due. It will be at least 25 days from the statement closing date and will be provided on your billing statement, Purchase Use of your Account to buy or lease goods or services. Cash Advances, Balance Transfers and cash-like transactions are not Purchases, Tax payments and associated fees are Purchases. Credit Limit This is the amount that is available for your use, We, Us, and Our Wells Fargo Bank, N.A You and Your The Account holder(s) who opened the Account. (3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or mailing address you provide for any Wells Fargo account or at any number that you call us from or at any number that we obtain by other means. Your consent allows us and any companies working on our behalf to service your account, to use any means to contact you including: automated dialing devices, prerecorded/artificial voice messages, mail, e-mail, text messages, push notifications, and calls to your cell phone, or any other data or voice transmission technology, You are responsible for any service provider charges you may incur as a result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans, You will promptly notify us if you change any contact information, including your name, mailing address, e-mail addresses, or phone numbers. If you have a joint Account, a notice to one of you will serve as a notice to both of you, We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor and record any calls between you and us. Using Your Account (4) Using Your Account. You may use your consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we allow. You promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business. We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device, We may decline any transaction at any time. Your credit card may not be used to make a payment on any other Wells Fargo credit account. Cash Advances from ATMs. Cash Advances from ATMs may be limited by amount or frequency, The ATM owner may have additional restrictions. If the ATM owner charges any fee, that fee will be included as part of the total Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo checking account. To cover an overdraft on a linked Wells Fargo checking account, we will advance the greater of . the amount of your overdraft; or o 925.00 Except if o the amount of available credit on your Card is less than the amount of the overdraft or less than $25,00, we will then advance the amount of available credit. The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and fees may cause your Account balance to exceed your credit limit. If there is more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection, then: r You will be responsible for all overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and r You agree to allow us to disclose to any other person on your checking account, that this Card is linked to your checking account for overdraft protection. We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason. Credit Access Devices. SUPERCHECKS can be used to access your Account similar to writing a check on a deposit account, SUPERCHECKS checks will post as a balance transfer only when they are included with a Page 2 of t2 Balance Transfer offer, If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance. They will include transaction fees and interest. Some restrictions apply to SUPERCHECKS: . They may not be written as payment on any Wells Fargo account. . They may be used only by the person whose name is printed on the check. . They must be written in U.S, dollars. . They cannot be certified. o You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS check. . We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHECKS check or advance at our discretion, Third Pafty/Mobile Devices. You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as, through a mobile wallet, which could be used for purchases or other transactions without presenting the card. Any such Transactions are covered by this Agreement. We have no control over the device and cannot guarantee the performance of the device, Additionally: o You should protect the security of the device the same as your credit card or other valuable information, . There may be third pafty fees related to the transaction such as mobile carrier data or messaging charges, o We may, at any time, partially or fully restrict your ability to make credit transactions through a third party/mobile device. You agree to notify us promptly if you remove or want to remove your Account information from any third pafty/mobile device. (5) Authorized Users. If you wish to have an additional Card issued in another person's name, please contact us and we will send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payment of the entire amount owed to us, including any Purchases, balance transfers or Cash Advances (and all related interest and fees) made by the authorized person. Ending Authorized User Privileges. If you want to end an authorized user's privilege to use your Account, you must: . Recover and destroy that person's Card. If you do not, you will continue to be liable for any charges made, even if you've advised us of your wish to cancel the privileges, unless you tell us to cancel all Cards and establish a new Account for you. o You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank, N.A,, P.O, Box 10347, Des Moines, IA 50306. In general, an authorized person is not obligated on this Account and is not liable for any Outstanding Balance or any other charges made by you or by any other authorized person, In the event of the death of all fully liable cardholders, authorized users' privilege ends automatically. After that, if any person uses the Card, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize. You agree to notify each authorized person that they are subject to all applicable sections of this Agreement. Information about Authorized Users. You agree to give us certain personal information about each Authorized User. You must have permission from each Authorized User allowing you to give us that personal information. This may include name, address, social security number, date of bifth and citizenship. (6) Lost or Stolen Cards and Liability for Unauthorized Use. You must notify us immediately if your Card or account information is lost or stolen, or if you believe it's being used without your permission. You may contact us by phone at 800-642-4720 or in writing at Wells Fargo Card Services, PO Box 10347, Des Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this and we find you not responsible, you will not be held liable for the unauthorized use of your Account, Page 3 of 12 (7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total amount of the Purchases, Cash Advances, and balance transfers, plus all interest, fees and other amounts that you may owe us, We may limit or close your Account, but the terms of this Agreement will apply until you pay the Account in full. (8) Credit Limit. We may assign the following limits to your Account: Cash Advance Limit. We may restrict the amount of your credit limit that can be used for Cash Advances. Your total credit limit will be provided with your Credit Card and shows on each of your billing statements. You promise to use your Account only to the limits. If you exceed your total credit limit, we may allow the transaction without increasing your total credit limit or deny the transaction, If we allow the transaction, we may treat that over limit amount as due with the minimum payment on your next statement. If you exceed the limits, you will still remain liable for all credit you receive. We can adjust your credit limit at any time, including automatic credit line increases for those who qualify, (9) Authorizations. We don't guarantee approval of transactions. We reserve the right to deny transactions for any reason/ such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction, We also may limit the number of authorizations we allow during a period of time. Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts greater than the actual Purchase amount. This will make less credit available on your Account for several days, usually until the date the actual Purchase amount is received from the merchant. If you give your credit card information to a merchant to bill your account for recurring payments, or to keep it on file for future purchases or payments, and your card number, expiration date, or security code changes, you should notifl7 the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchants that participate in such services will receive updated card information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card information when your card information changes. You should always provide each merchant with your new card information because some merchants do not subscribe to such network services, Changes To This Agreement (1O) Change in Terms. We may change thisAgreement at any time. These changes may apply to existing and future balances. We will give you advance written notice of the changes and a right to reject the changes if required by law. We may require you to close your Account or take other actions if you reject the changes, Fees And Interest (11) Fees. The following fees may apply to your account. If they do apply, you will find the amount in the Important Terms of Your Credit Card Account. You agree to pay any fees that apply. . Annual Fee. If your account has an annual fee it will be charged each year your account is open. The annual fee will not be billed after your Account is closed. . Balance Transfer Fee. This fee may be charged on a balance transfer transaction. . Cash Advance Fee. This fee may be charged on a Cash Advance from your Account, . Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you, . Foreign Currency Conversion Fee. If you make a transaction in a foreign currency, Visa will convert it into a U.S. dollar amount, A foreign currency conversion fee may be charged when this is done, . Late Fee, This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. o Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid. Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance, except Cash Advance fees and Overdraft Protection fees which will be added to the Cash Advance balance on your Account. Page 4 of 12 (12) Foreign Currency Transactions. If you make a transaction in a currency other than U.S, dollars using a Visa Card, then Visa International "Visa" will convert the charge into a U,S. dollar amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is posted to your Account. Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having Card transactions convefted to U.S. dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined solely by the merchant involved in the transaction, and no foreign currency conversion fee is charged by the bank forthe transaction, (f3) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The Impoftant Terms of Your Credit Card Account list the APRs that apply to different types of balances. Introductory Rates. Your account may be eligible for introductory rates, This would be described in the Impoftant Terms of Your Credit Card Account. If you are offered a promotional rate after your account is opened, the terms will be provided at that time. After any introductory or promotional rates expire, the remaining balances will be subject to the applicable Standard or Standard Variable APR terms, How we Calculate your Standard Variable APRs. If your account has a variable rate the APR wlll vary based on the U.S. Prime Rate plus the applicable "Margin", See the Important Terms of Your Credit Card Account for the "Margin" on Purchases, balance transfers, Cash Advances, and overdraft protection advances, and daily periodic rates that apply to your Account. For each Billing Period, we use the U.S. Prime Rate or the average of the U.S. Prime Rates (if there is more than one) published in the "Money Rates" column of The Wall Street Journalthree business days prior to your billing statement closing date. If the U.S, Prime Rate is no longer published or is not available, we may select a similar index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment due. If the APR changes due to a change in the U,S. Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing Cycle, The APR will continue to vary even if your Account is closed. Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the market based on the U. S. Prime Rate, However, we may change the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rates that apply to your account are listed in the Important Terms of Your Credit Card Account. Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable ApR by 365. (14) Minimum Interest Charge. Your account may have a Minimum Interest Charge, See The Important Terms of Your Credit Card Account for the applicable charge. (15) When we Gharge Interest. For most transactions, interest will be charged beginning on the date a transaction is made on your account. We charge interest on a fee beginning on the first day of the Billlng Cycle following the Billing Cycle in which the fee posted to your Account. (16) Here's how and when specific Transactions, fees and credits are applied: o We add the amount of a Purchase or Balance Transfer to the Purchase balance as of the transaction date shown on your statement. o We add Balance Transfer fees to the Purchase balance as of the transaction date shown on your statement. . We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown on your statement. . We add Cash Advance Fees to the Cash Advance balance as of the transaction date shown on your statement. o We add the amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction date shown on your statement. Page 5 of 12 (17) Howwe Calculate Interest. We begin by calculating the daily balance of each Transaction category. Next we calculate the Average Daily Balance (ADB). Finally, we calculate the interest, See each section below for details. 1) Calculating the daily balance: the daily balance is calculated separately for each Transaction category. We start with the daily balance from the end of the previous day. We add in any new Transactions and other charges, including interest accrued on the previotis day's balance, This means interest is compounded daily. We then subtract any payments or credits. Example for the Purchase Transaction category: Daily balance for purchases from the previous day + New purchases + Fees and interest accrued on the previous day's Transaction category balance - Payments, credits and adjustments that posted that day = New daily balance for Purchases 2) Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing Cycle starting with the beginning balance of the first day of the Billing Cycle. This beginning balance will include any unpaid fees from the previous Billing Cycle and any late fees incurred during the current Billing Cycle. Any daily balance that is a credit balance is treated as zero, We divide this amount by the number of days in the Billing Cycle. ADB = sum of daily balances + number of days in the Billing Cycle 3) Interest Calculation: we calculate the interest charge for each type of balance by applying the daily periodic rate to the ADB and multiplying this by the number of days in the Billing Cycle. Interest Charge = daily periOdic rate x ADB x number of days in Billing Cycle (18) Grace Period. To avoid paying interest on new Purchases you have to pay your entlre New Balance by the Due Date on your statement each Billing Period. You cannot avoid interest on Cash Advances or Balance Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing statement. Bilting Statements And Payments (19) Billing Statements. If you have a balance on your account you will receive a billing statement, Your billing statement will show your Minimum Payment due and the Payment Due Date. (2O) Payments. You may pay all or part of your Account balance at any time, but you must pay the Minimum Payment, disclosed on your billing statement, by the Payment Due Date. Minimum Payment. Your Minimum Payment Due includes any amount past due plus the greater of 1. Fees and interest billed during the Billing Cycle plus to/o of the New Balance; or 2. $15.00 (or the entire balance on the Account if the New Balance is less than $15.00). We require you to pay any amount over the limit on your credit card account. However, that amount is not included in your Minimum Payment Due, This is rounded-up to the next highest whole dollar amount, Credits will not be used to meet the Minimum Payment, Payment Instructions. Follow these instructions when making a payment: 1. You must pay in U,S. dollars. 2. Payment must be made with a personal check, money order or cashier's check and must be issued by a bank in the United States, 3. Electronic payments are accepted, Page 6 of 12 4. Do not mail cash. If you mail your payment, please mail to the payment address provided on your billing statement using the envelope and payment coupon enclosed. Payments received by 5;00 p.m. at the location your payment is mailed to will be credited as of the date of receipt, If received after 5:00 p.m, they will be credited on the following day. Payments made through Wells Fargo Online Banking at wellsfargo.com will be credited based on the cutoff time disclosed at the time of the transaction, If you do not follow these instructions your payment may not be credited for up to five days after we receive it. Checks or other paper documents may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. In this case, the original check or other document that you send to us will not be retained, but a copy would be available if requested. Some of your available line of credit may be held, at our discretion, until your payment is honored, You cannot pay this account using another Wells Fargo Bank, N.A. credit or loan account or any Wells Fargo affiliated company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment on this Account. Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases) before balances with higherAPRs (such as Cash Advances). Payments made in excess of the Minimum paymentwill be applied to balances with higher APRs first before balances wlth lower ones. We post paymentsto the Billing Cycle within which they are received. Any payment in excess of the Minimum Payment due is applied based on the balances reflected on your last billing statement. Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding Balance, payments must be sentto: Wells Fargo, P.O. Box 10311, Des Moines, IA 50306-0311. please note that if we accept such payments we have every right to pursue full payment. Other Important Information (21) Default / Immediate Repayment of Balance in Full. Your Account will be in default, and we may require immediate payment of your total Account if : o You fail to pay a Minimum Payment by the Payment Due Date; . Any payment is returned; o You don't honor the terms of this Agreement; o You made an untrue statement on your application; OR . You file for bankruptcy. If this is a joint Account, a default by one of you will be a default by all of you. We may prevent further transactions and we may close your Account and other Wells Fargo Accounts. If your account is in default you agree to pay our collection costs, attorney's fees, and court costs incurred in enforcing our rights under this agreement. (22) Re-Verification of Credit Information. We can review any information you provided on your credit application at any time. This may include: . Requesting credit bureau reports; o Verifying your current credit standing; o Verifying your employment, assets and income records. (23) California Residents, We may also obtain information at any time from the California Department of Motor Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle Code (Section 1808,21), This waiver may not apply to you if you are on active duty military service (including active guard or reserve service) or you are a spouse or dependent of a person who is on such active duty military service. Please see the Important Statement Concerning Active Duty Military Service section in the Agreement for more information. PageT of L2 (24) Cancellation. We may close your Account at any time and for any reason. You may also close the Account at any time. If that happens, you must still repay the balance owed according to the terms of this Agreement. Joint Accounts may be canceled by either Account Holder, If we close the account, notice may be provided to only one Account Holder. (25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect. (26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A court decree for divorce or separation or an out-of-court mutual agreement does not affect any of our rights to enforce this Agreement. (27) Phone Monitoring. We may monitor and record any of your phone calls with us, (28) Information Reporting. We may report information about you to consumer reporting agencies, The information that we report to consumer reporting agencies may include: . Account history; . Account performance; o Account status; . Any violations of your account; and . Any violations of the terms of this Agreement, The same information may be reported to the consumer reporting agencies for any additional card holders, You may dispute the accuracy of the information that we report to consumer repofting agencies by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box L45L7, Des Moines, IA 50306-35L7. please describe the information in detail that you believe is inaccurate and provide any supporting documents with your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report. (29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement to a third party, You may not assign your Account or any of your obligations under the Agreement. (3O) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account. Arbitration (31) Dispute Resolution Program: Arbitration Agreement. a, Binding Arbitration, You and Wells Fargo Bank, N.A, (the "Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank, It includes any disagreement relating in any way to the Card or related services, Accounts, or matters; to your use of any of the Bank's banking locations or facilities; or to any means you may use to access the Bank. It includes claims based on broken promises or contracts, torts, or other wrongful actions, It also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in small claims court any Dispute that is within that court's jurisdiction. If either you or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration. b. Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding arbitration at any,time notwithstanding that a lawsuit or other proceeding has been previously COMMCNCEd. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DrsPurEs BY oR AGATNST OTHERS rN ANy ARBTTRATTON, OR TO TNCLUDE rN ANy ARBTTRATTON ANY DTSPUTE AS A REPRESENTATTVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall Page B of 12 be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the "Arbitration Administrator"), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ('AAA Rules"), To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinde4 or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable, c, Rights Preserved. This Arbitration Agreement does not prohibit the ParLies from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a couft of competent jurisdiction, Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties, The provisions of this Arbitration Agreement shall survive termination, amendment, or expiration of the Card or any other relationship between you and the Bank, d. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law, Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your Account limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation, Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration. e. Active Duty Military Service. If you are on active duty military service (including active guard or reserve service) or you are a spouse or dependent of a person who is on such active duty military service, then the above Arbitration Agreement may not apply to you. Please see Important Statement Concerning Active Duty Military Service in this Agreement for more information, Your Billing Rights Keep This Notice For Future Use. This notlce tells you about your rights and our responsibilities under the Fair Credit Billing Act. (32) What To Do If You Find a Mistake on Your Statement, If you think there is an error on your statement, write to us at: Wells Fargo Card Services P,O, Box 522 Des Moines, IA 50306-0522 In your letter, give us the following information: . Your name and Account number; . The date and dollar amount of the suspected error, . If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Page 9 of 12 . Within 60 days after the error appeared on your statement, . At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong, You must notify us of any potential errors in writing at the address above. You may notify using other ways (including telephone), but if you do we are not required to investigate any potential errors and you may have to pay the amount in question, What Will Happen After We Receive Your Letter. When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2, Within 90 days of receiving your letter; we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: . We cannot try to collect the amount in question, or report you as delinquent on that amount. . The charge in question may remain on your statement, and we may continue to charge you interest on that amount, . While you do not have to pay the amount in question, you are responsible for the remainder of your balance. o We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: . If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount, . If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due, We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase, To use this right, all of the following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase, Purchases made with Cash Advances from an ATM or with a check that accesses your credit card Account do not qualify. 3, You must not yet have fully paid for the Purchase, If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at: Wells Fargo Card Services PO Box 522 Des Moines, IA 50306-0522 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. Active Duty Military Service Page 10 of 12 (33) IMPORTANT STATEMENT CONCERNING ACTIVE DUTY MILITARY SERVICE: If you are on active duty military service when you apply for or establish this account (including active guard or reserve service) or you are a spouse or dependent of a person who is on such active duty military service at that time, then so long as such active duty military service continues, the Arbitration Agreement contained in the Credit Card Agreement does not apply to you, nor do any provisions that waive any right to legal recourse under any state or federal law. MILITARY ANNUAL PERCENTAGE RATE: Federal Law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the costs of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the cost associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee charged (other than certain application fees for specified credit transactions or accounts), and any participation fee charged (other than certain participation fees for a credit card account), You may contact us at 1-844-309-0044 for information about the Military Annual Percentage Rate and a description of your account opening disclosures. Interp reter Certification (34) Interpreter Certification. If you choose to discuss your credit card account with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog, please read the following. By signing, using or activating the credit card issued to you, you certify to us that: . You have discussed the Customer Agreement and Disclosure Statement with your interpreter and have been given the opportunity to discuss and negotiate with us the terms and conditions contained in these documents, . Your interpreter is at least 1B years old and is fluent in both English and in the language in which you chose to discuss with us the terms and conditions of your credit card Account. o You understand and agree to the terms and conditions contained in these enclosed documents. Certificaci5n de Int6rprete (3a) Ceftificaci6n de Int6rprete. Si usted opta por conversar sobre su cuenta de tarjeta de cr6dito con nosotros en espaffol, chino, coreano, vietnamita o tagalo, lea lo siguiente, Al firmar, utilizar o activar la tarjeta de cr6dito emitida a su nombre, usted certifica ante nosotros que: . 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Tinalakay mo ang Kasunduan ng Kostumer at ang Pahayag ng Pagsisiwalat sa iyong tagapagsaling-wika at nabigyan ka ng pagkakataong talakayin at makipagkasundo sa amin sa mga tuntunin at kundisyong nilalaman ng mga dokumentong ito. . Ang iyong tagasaling-wika ay wala pang 1B taong gulang at lubos na marunong sa Ingles at sa wika na napili mo para talakayin sa amin ng mga tuntunin at kundisyon ng iyong credit card Account. o Nauunawaan at sinasang-ayunan mo ang mga tuntunin at kundisyong nakasaad sa mga nakalakip na dokumentong ito. Wells Fargo Card Services PO Box LO347t Des Moines, IA 5O3O6 1-800-642-4720 Hearing and Speech Impaired Customers, call the TTY number 1-8OO-419-2265 Core 08/L7 M-119975 LS 9075 Page 12 of 12 $ EXHIBIT B WELLS FARGO vrsA Balance Summary Previous Balanoe - Paymsnts - Othsr Credits + Cash Advanoos + Purchases, Balanoe Tlansfers & Other Charges + Feos Charged + lntersst Charged = Nsw Balance Total Credlt Llmit Slatsmont Billing Perlod Page I of2 Ending in 6732 06/16/2018 lo 06/14/2018 24-Hour Customer Service: TTY for Hearlng/Spe€ch lmpairsd; Outslda the US Call Coll6ct: Wdls Fargo Onlin@: Send ceneral lnquiries To; PO Box 10347, Dos Moinos lA, 50306"0347 Total Available Crsdit $5,426.S8 $200.00 $o.oo S211.53 $15.87 $45.00 $82.66 $5,581,49 $5,500 1.A00.642.4720 1.800.419.2265 1.925-825.7600 w€llsfargo.com r,xri$li1---5 $o Payment lnformation New Balance $5,581.43 Send Payments To: Minimum Payment $184.00 PO Box 51 193, Los Angeles CA,90051-5493 Ovorlimit Amount S81.4S Total Amount Due $265.43 Payment Due Date 0710912018 Late Payment Warning: lf we do not recsive your Minimum Payment by 07109/201 8, you may have to pay a lats feo up to $37 Minimum Payment Warning: lf you make only tho minimum payment each p€riod, you will pay moro in intersst and it wlll take you long€r to pay otf your you or 1477-285-2108 lf you this make no addilional charges using card and each month you pay ,.. You will pay thls off the New Balanca shown on slatement in aboul ... And you will end up paying an eslimated total of.,, Only tho minimum payment 23 years $13,363 $203 3 y6ars $7,31S(savlnos ofS6.050) tmportant tntornailon OVER CREDIT LIMIT, CALL 800-988.8019, VISIT WELLSFARGO.COM OR WF,COM ON MOBILE DEVICES FOR PAYMENT OPTIONS. THIS IS AN ATTEMPT TO COLLECT A ,DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, **-REVISED AGREEMENT FOR ONLINE ACCESS**- WE'RE UPDATING OUR ONLINE ACCESS AGREEMENT EFFECTIVE SEPTEMBER 17, 2018, TO SEE WHAT IS CHANGING, PLEASE VISIT WELLSFARGO,COM/ONLINEUPDATES, Go Far Rewards Summary Rewards balance as of: 05/31 /201 8 72 The rewards balance is {or Rewards lD 60003041111. Thisbalancemaybeinclusivoof.othercontributingrewardsalcqunls. For.up-to-daterswardsbalanceinlormation,ormorewaysto earn and redeom your rewatds, visit GoFarRewards.wf.com or call 1-877-517-1358. Transactions Trans Post Payments Reference Number Descrlpflon Credlts Chargw 05123 5596 YKO ONLINE ACH PAYMENTS FOR THIS PERIOD NOTICE: sEE BEVERSE SIDE FOR IMPORTANT INFORMAT|oN ABOUT YoUR ACCOUNT 140614 0 OPAGE 1 Of 2 1 0 5583 2000 C00E O1DP5596 WELLS FARGO CARD SERVICES PO BOX 51 193 LOS ANGELES CA 900s1-54e3 200.00 continued b) -6732 $5,581.43 S1 84.00 $81.43 $265.43 0710912018 ; Detaoh and mail with check payable to Wolls Fargo. For fast€r prooossing, include your account number on your check, Account Number New Balanco Minimum Payment Overlimit Amount Total Amount Due Payment Duo Dat€ 0055IL43ooo2oooooooL84o(]-?32o Amount Enclosed JANET GONZALEZ 237 GARCES DR sAN FRANCISCO CA 94132-2343 ,i' :i Qheck here and see reverss lor address and/or phone numbsr corrsction. YKG IMPORTANT INFORMATION ABOUT YOUR ACCOUNT at the number li5ted on the front of the i.tement), but doing so will not pre5erie your righk. ln your letter(6'Wilten Noli
