declaration of halil hasic in support of plaintiffs request for entryCal. Super. - 1st Dist.March 2, 2021 1 DECLARATION OF ATTORNEY HALIL HASIC IN SUPPORT OF DEFAULT JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Halil Hasic, Esq. (SBN 245251) HARRIS LAW GROUP 560 W. Main St., Suite C#177 Alhambra, CA 91801 Telephone: (626) 869-7381 Facsimile: (626) 628-3086 E-Mail: attorney@thatislegal.com Attorneys for Plaintiff, ACHIEVABLE SOLUTIONS, INC., a California Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - CIVIC CENTER COURTHOUSE ACHIEVABLE SOLUTIONS, INC., a California Corporation Plaintiff, v. JACKY CUI; and DOES 1 THROUGH 10, inclusive, Defendant. Case Number: CGC-20-583000 DECLARATION OF HALIL HASIC IN SUPPORT OF PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT COURT JUDGMENT C.C.P. § 585 et seq. C.C.P. § 1033 I, Halil Hasic, hereby declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and have been retained to represent Plaintiff, ACHIEVABLE SOLUTIONS, INC., a California Corporation (“Plaintiff”). 2. I am fully informed of the facts stated herein, and if called as a witness, I could and would competently testify thereto. The basis for my information is my own personal knowledge. DEMAND LETTER SENT TO DEFENDANT Cal. Code of Civil Procedure § 1033 3. On January 15, 2019, the Harris Law Group sent a demand letter by US Mail to ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 09/29/2020 Clerk of the Court BY: RAYMOND WONG Deputy Clerk 2 DECLARATION OF ATTORNEY HALIL HASIC IN SUPPORT OF DEFAULT JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant JACKY CUI (“Defendant”) at their last known address of 159 TUNNEL AVE, SAN FRANCISCO, CA 94134. The letter informed Defendant of the assignment of the debt to Plaintiff and requested that Defendant pay Plaintiff the outstanding principal balance owed of $3,095.06. A true and correct copy of the Demand letter is attached hereto as Exhibit A. 4. Pursuant to C.C.P. § 1033, the demand letter advised that if payment was not received within 30 days from the date of the letter, Plaintiff would file a lawsuit and seek recovery of attorneys’ fees and court costs as allowed under the terms of the promissory note and California Code of Civil Procedure § 1033(b)(2). The letter was not returned as undelivered. 5. As of the date of this writing, Defendant has not remitted payment or otherwise made contact with Plaintiff. Consequently, notwithstanding Plaintiff’s demand for payment, Defendant has failed and refused, and continues to fail and refuse to pay any amounts owed to Plaintiff under the 12/8/2015 promissory note entered into between LoanMe and Defendant. REQUEST FOR ENTRY OF DEFAULT AND JUDGMENT 6. On 2/18/2020, Plaintiff filed a Complaint for damages against Defendant. 7. On 4/21/2020, a registered process server served the Summons and Complaint and all other required documents on Defendant by substituted service. A copy of the Proof of Service of Summons and Complaint is on file with the Court. 8. The statutorily mandated number of days for Defendant to respond to the Complaint has lapsed, and Defendant has not filed a timely response to the Complaint. CALCULATION OF DAMAGES (STATUTORY INTEREST & ATTORNEYS FEES) 9. Plaintiff’s prayer for Judgment reflects a demand for the unpaid principal balance, statutory interest of 10.00% per annum from date of breach, attorneys’ fees and costs. 10. Pursuant to California Civil Code Section §§ 3287 and 3289(b), interest upon the principal balance accrues at the rate of ten percent (10.00%). Therefore, in addition to the unpaid principal balance of $3,095.06 (principal owed at the time of breach with waiver of all contractual fees and contractual interest), Plaintiff is also entitled to interest on the unpaid principal balance at 3 DECLARATION OF ATTORNEY HALIL HASIC IN SUPPORT OF DEFAULT JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the rate of 10.00% from the 3/11/2016 date of breach. 11. Plaintiff is also entitled to recover attorneys’ fees and other costs incurred in connection with this matter pursuant to California Civil Code §1717.5 and the attorneys’ fees provision of the Promissory Note stating that “[i]n the event that we are required to employ an attorney at law to collect any amounts due under this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or to take any other action required to collect the amounts due hereunder.” A true and correct copy of the Promissory Note is attached to both the Declaration of Mia Adamson filed concurrently herewith and the original Complaint. 12. The calculation of Plaintiff’s damages is as follows: Charge-Off Balance: $3,095.06 Statutory Interest: $1,403.38 Daily Interest: ($3,095.06 x 10.00%) / 365 = $0.8480 per day x 1,655 days (from 3/11/2016 to 9/21/2020) = $1,403.38 in accrued interest Attorneys’ Fees: $630.00 Default Attorney Fee Schedule - Local Rule 6.6(D)(2)(f) & Appendix A For principal Amounts between $3,001 to and $3,250, Fee Award of $630.00 Court Costs: $306.00 Court Filing Fee: $181.00 Process Server Fee: $125.00 TOTAL PRAYER: $5,434.44 WHEREFORE, Plaintiff requests that Judgment be entered against the Defendant in the above-entitled action in the sum and for the amounts as set forth above. 4 DECLARATION OF ATTORNEY HALIL HASIC IN SUPPORT OF DEFAULT JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. DATED: 9/21/2020 HARRIS LAW GROUP By: ________________________________ Halil Hasic, Esq. Attorneys for Plaintiff, ACHIEVABLE SOLUTIONS, INC., a California Corporation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A (Demand Letter) Tel: (626) 869-7381 | Facsimile: (626) 628-3086 E-mail: attorney@thatislegal.com January 15, 2019 JACKY CUI 159 TUNNEL AVE SAN FRANCISCO, CA 94134 RE: LOANME, INC. - ACCT NO. 730801 Dear: JACKY CUI This law firm represents ACHIEVABLE SOLUTIONS, INC., the current owner of the debt owed by you to LoanMe, Inc. in the principal amount of $3,095.06. Our client is offering to resolve this matter in full with a lump sum settlement of 50% of the principal balance owed. Please make your payment payable to “ACHIEVABLE SOLUTIONS, INC.” and include the above “Account No” information on your check. Mail payment to the address listed at the top of this letter. If we do not receive payment within 30 days of this letter, we have been instructed to move forward with filing a lawsuit to recover the entire principal balance, accrued statutory interest, attorneys’ fees and court costs. This will likely result in a Judgment against you that far exceeds the current principal balance owed. This law office is not a collection agency. We were retained by Achievable Solutions, Inc. to file a lawsuit against you and enforce any and all rights our client may have against you. This is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days of receiving this notice, this office will provide you with the name and address of the original creditor if different than the current creditor. You may send all written requests to the address listed at the top of this letter. This law office does not make outgoing collection calls. 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 8 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. Collectors 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. Sincerely, HALIL HASIC, ESQ.
