Statement

Cal. Super. - 3rd Dist.June 10, 2021

Amanda Riggs, Esq. SBN 285764 Sherif Fathy, Esq. SBN 242937 Tina Abdolhosseini, Esq. SBN 316093 Lawgix Lawyers, LLP 1000 Cliff Mine Rd, Suite 300 Pittsburgh, PA 15275 P: (888) 277-9071 | F: (888) 642-7824 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Placer Hon. Howard G. Gibson Courthouse LIMITED CIVIL CASE U.S. Bank National Association Plaintiff, v. DAVID M CHAMBERS TAMERA M CHAMBERS Defendant. § § § § § § § Case No.: M-CV-0079302 STATEMENT OF EVIDENCE IN SUPPORT OF ENTRY OF DEFAULT JUDGMENT CCP § 585(d) 1. In accordance with California Code of Civil Procedure § 585(d), Plaintiff respectfully requests the entry of default judgment and provides the following evidence in support of default judgment in the foregoing matter: EXHIBIT A: Affidavit of Balance as provided by Plaintiff U.S. Bank National Association 2. Pursuant to Plaintiff’s business records, the Defendant defaulted in making the payments due under the terms of the agreement. As a result of Defendant’s failure to make the agreed upon monthly payments and pursuant to the terms of the agreement, the entire unpaid balance on the account became immediately due and payable. 3. The agreement allows for the recovery of court costs in the event legal action is necessary to recover the sums due on the account. As such, Plaintiff is entitled to recover its court costs pursuant to the terms of the agreement. 4. After applying all payments, credits, and adjustments, there is now due and owing to Plaintiff from Defendant, the principal amount of $3,872.08, plus court costs if applicable. Despite Plaintiff’s demands, no part of this sum has been paid. There are no other offsets or credits due on Defendant’s account. 5. Plaintiff respectfully requests, based upon the evidence attached hereto and incorporated herein, that a default judgment be entered in this matter for the full amount owing plus costs incurred. DocuSign Envelope ID: 9EBE6D16-4DFE-4A73-9F20-352EB88199FD 6. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Date: lgx_date_here:_default_identifier lgx_sign_here:_default_identifier ________________________________ Amanda Riggs, Esq. SBN 285764 Sherif Fathy, Esq. SBN 242937 Tina Abdolhosseini, Esq. SBN 316093 Attorneys for Plaintiff DocuSign Envelope ID: 9EBE6D16-4DFE-4A73-9F20-352EB88199FD 11/22/2021 Exhibit A Amanda Riggs, Esq. SBN 285764 Sherif Fathy, Esq. SBN 242937 Tina Abdolhosseini, Esq. SBN 316093 Lawgix Lawyers, LLP 1000 Cliff Mine Rd, Suite 330 Pittsburgh, PA 15275 888-277-9071 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Placer Hon. Howard G. Gibson Courthouse LIMITED CIVIL CASE U.S. Bank National Association Plaintiff, v. DAVID M CHAMBERS TAMERA M CHAMBERS Defendant. § § § § § § § Case No.: M-CV-0079302 DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT I, William Wells, hereby declare: I am over 18 years old and competent to make this Declaration. I am an employee of Plaintiff U.S. Bank National Association. I am duly authorized to make this Declaration, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this declaration are true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records. The books and records of Plaintiff shows that Defendant opened an account with U.S. Bank National Association, or a predecessor in interest, for the purpose of obtaining an extension of credit (the “Account”) and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or case advances in accordance with the customer agreement (“Agreement”) governing use of the Account. Further, the Defendant has breached the Agreement by failing to make periodic payments as required thereby. The books and records of Plaintiff shows that the Defendant is currently indebted to the Plaintiff on Account number XXXXXX2745 for the just and true sum of $3,872.08, and that all just and lawful offsets, payments, and credits have been allowed. The Agreement entered into between the Defendant and the Plaintiff, or a predecessor in interest, also authorizes Plaintiff to recover reasonable costs, to the extent permitted by law, from Defendant. Under California Code of Evidence §1550(a)(2), a true and accurate copy of the last Account billing statement generated prior to charge-off is attached hereto and incorporated herein by reference. Since the date of charge-off, there have been credits totaling $0.00, leaving a present balance of $3,872.08 due, owing, and unpaid. The aforementioned attachment to this Declaration was prepared in the ordinary course of business. DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 lgx_sign_here:_default_identifier lgx_date_here:_default_identifier William Wells Signed at: 2800 Tamarack Rd Owensboro KY 42301 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 11/5/2021 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822 DocuSign Envelope ID: E2187A0C-15AC-4EED-AD8B-AB897B515822