Party Discovery: TARGET -v- CHON Print

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RAYMOND J. LEE, ESQ., ESQ.- State Bar #219811
ERIC JUN, ESQ., ESQ. — State Bar# 263502

ZWICKER & ASSOCIATES, P.C. sur LE
199 SOUTH LOS ROBLES AVE., SUITE 410 COUNTY OF BAN Soy
PASADENA, CA 91101 SAN BEENARDINGS soe
Telephone: (626)793-9703 MAY 18 2012
Facsimile: (626)793-9458

By
Attorneys for Plaintiff, TARGET NATIONAL BANK Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO

TARGET NATIONAL BANK Case No.: CIVDS1111044

Plaintiff,
DECLARATION PURSUANT TO CODE
OF CIVIL PROCEDURE SEC. 1033

MARICELA CHON ,

)
)
)
)

vs. )
)
)
} LIMITED CIVIL CASE
)

Defendant

I, RAYMOND J. LEE, ESQ., declare as follows:

1. lam an attorney duly licensed to practice before the bar of this court and an
attorney with the firm of Zwicker & Associates, P.C. If called upon to do so, I could and
would competently testify to the matters as set forth herein, as such matters are of my own

personal knowledge or of good information and belief.

2. My client, TARGET NATIONAL BANK is a not a California corporation with
no presence in the State of California. The instant action, although falling within the
jurisdictional limits of small claims court, could not have been filed by TARGET NATIONAL

BANK, except by and through an attorney located within the state. As such, the action could

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DECLARATION PURSUANT TO CODE OF CIVIL PROCEDURE SEC. 1033not have been pursued by counsel in small claims and thus was filed as a Limited Civil action.
Having taken the default of defendant, plaintiff is the prevailing party and thus is entitled to
reasonable attorney’s fees, and actual

costs of filing and service under California Code of Civil Procedure §§1032(b), 1033.

3. As TARGET NATIONAL BANK has sued upon a book account and is the
prevailing party thereto, they are entitled to attorneys and court costs. Demand was made upon
defendant on or about 8/10/2011, indicating that if the action were to proceed to litigation,
defendant would be held liable for costs and attorney’s fees. Despite Plaintiff's diligent efforts,

this letter cannot be located.

4. As such, Plaintiff respectfully requests that the above entitled Court award
attorney’s fees and costs when awarding judgment in this matter. However, Plaintiff is willing
to waive any fees and costs which the Court feels they are not entitled to by law in order to

have judgment entered on the principal amount hereto.

I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct.

Executed on , at Pasadena, California,

RAY. . LEE, ESQ.
Declarant

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DECLARATION PURSUANT TO CODE OF CIVIL PROCEDURE SEC. 1033