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1 Emily Pierce, Esq. Bar No. 240084
Jordan Cook, Esq. Bar No. 179720
2 Kristen Brinkerhoff, Esq. Bar No. 263579
Lori Williams, Esq. Bar No. 242985 ELECTRONICALLY
3 Michelle Mitchell, Esq. Bar No. 221841
PORTFOLIO RECOVERY ASSOCIATES, LLC F I L E D
Superior Court of California,
4 10680 Treena St., Suite 500 County of San Francisco
San Diego, CA, 92131
5 866/428-8102 06/13/2022
Attorneys for Plaintiff Clerk of the Court
BY: STACY GEE
6 PORTFOLIO RECOVERY ASSOCIATES, LLC Deputy Clerk
7
SUPERIOR COURT OF CALIFORNIA
8
COUNTY OF SAN FRANCISCO
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PORTFOLIO RECOVERY ASSOCIATES, Case No. CGC-21-596991
10 LLC,
LIMITED JURISDICTION
Plaintiff,
11
vs. DECLARATION OF CUSTODIAN OF
12 RECORDS IN SUPPORT OF
JOE ZAMORA; APPLICATION FOR ENTRY
13 OF JUDGMENT PURSUANT TO CIVIL CODE
Defendant, § 1788.60(a)
14
15
16 I, the undersigned, declare as follows:
17 1. I am an employee at and custodian of records for PORTFOLIO RECOVERY
18 ASSOCIATES, LLC ("Plaintiff"). I am a competent person over eighteen years of age, and make
19 the statements herein based upon personal knowledge of those account records maintained on
20 Plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon,
21 and was assigned all the rights, titleand interest to Defendant’s SYNCHRONY BANK account
22 XXXXXXXXXXXXX7069(hereinafter the "Account"). I have access to and have reviewed the
23 records pertaining to the Account and am authorized to make this declaration on Plaintiff's behalf.
24 2. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a
25 subsequent purchaser of the account. As part of itsoperations, Plaintiff operates and maintains
26 computer systems, into which Plaintiff integrates electronic records and information received from
27 the seller in response to the sale and assignment communications regarding the individual accounts.
28 -1-
APCMGLGJBKDJFKBLEIDNBLFK
DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION
AJAJBCEAEGMJJLLKHKGPNICK
AEJPEJPBHCOEJNBLECAOLPNK
ACJCKKOLMMMIEKJGJPPBKCBK FOR ENTRY OF JUDGMENT CCP § 1788.60(a)
AOIEOPGKKEIMGLNHIHIDHNMK
AAMCGOMIMOGMKEKCEEIKGCMK
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3. I am familiar with the manner and method by which Plaintiff creates and maintains its normal
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business books and records. The records are kept in the normal course of business. Plaintiff
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maintains computerized account records, including the account information that was provided to
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Plaintiff by SYNCHRONY BANK. The computerized account records include the transfer balance
5
and transfer date of the subject Account. The records are kept in the ordinary course of business by
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representatives of Plaintiff who are charged with the duty to accurately record any business act,
7
condition or event on the computer with entries made at or near the time of any such occurrence.
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4. On or about April 22, 2021, Plaintiff became the successor in interest to this Account.
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Plaintiff acquired and incorporated the attached Account records into its permanent business records
10
as a result of Plaintiff's purchase of the Account. These records are kept in the regular course of
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business on behalf of Plaintiff, and along with the electronic records provided at purchase, are
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Plaintiff's primary source of business records for this Account.
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5. Upon information and belief, federal law required the original creditor to send monthly
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statements to the Defendant at the address at which the Defendant advised that he/she was residing
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at the time that he/she established the Account, or to any subsequent address provided by the
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Defendant.
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6. The accuracy of such records is relied upon by Plaintiff in purchasing and collecting upon
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this Account. The records are trustworthy and relied upon because the original creditor was required
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to keep careful records of the Account at issue in this case as required by law and/or suffer business
20
loss.
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7. This Account was purchased on or after January 1, 2014 and, therefore is subject to
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California Civil Code section 1788.60.
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8. In accordance with California Civil Code section 1788.58(a)(3-8), Plaintiff's records show
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the following relevant information concerning the Account.
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a. Plaintiff is the sole owner of the Account.
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b. The Account was opened on March 19, 2018 and charged off on March 22, 2020 with a
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balance of $2,701.90 at time of charge off.
28 -2-
DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF
JUDGMENT CCP § 1788.60(a)
1
c. PORTFOLIO RECOVERY ASSOCIATES, LLC’s records show that the balance of
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$2,661.90 remains due and owing as of May 10, 2022. Plaintiff is not seeking to recover
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any post-charge off interest to which it may be entitled and/or fees that may have been
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imposed by the charge off creditor or subsequent purchasers of the debt and is seeking
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to recover only that portion of the charge off balance that remains due and owing as of
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May 10, 2022.
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d. The date of last payment on the credit account was 09/07/2019.
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e. The charge-off creditor name and address at the time of charge-off:
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NAME ADDRESS
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SYNCHRONY BANK 170 E ELECTION RD, SUITE
11 125, DRAPER, UT 84020
12
f. The charge-off account number associated with the debt at the time of charge-off was
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XXXXXXXXXXXXX7069.
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g. Defendant’s name and address as it appeared in the charge off creditor's records:
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JOE ZAMORA, 2306 MARKET ST APT 409, SAN FRANCISCO, CA 94114-
16
1554.
17 \\\
18 \\\
19 \\\
20 \\\
21
\\\
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\\\
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\\\
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28 -3-
DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF
JUDGMENT CCP § 1788.60(a)
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h. The complete chain of title including SYNCHRONY BANK and all post charge off
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purchasers of the debt are as follows:
3
i.
4
NAME ADDRESS
5
SYNCHRONY BANK 170 E ELECTION RD, SUITE 125,
6 DRAPER, UT 84020
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ii.
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PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD
9
NORFOLK, VA 2305
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9. Plaintiff's records show that Plaintiff or its agents made demand for payment of the balance
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herein prior to making this declaration and Defendant failed to make full payment of the amount
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owed on the Account.
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10. Attached hereto as Exhibits A, B, and C are the Account records I reviewed in executing
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this declaration, which relate to the Account and/or payment(s) received.
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Exhibit A. Documentation reflecting the Chain of Title and establishing the facts required
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under Civil Code Section 1788.58(a)(3),(4),(5),(7) and (8).
17
Exhibit B. Billing Statement(s), including but not limited to the Last Monthly Statement
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Recording a Purchase Transaction, Last Payment, or Balance transfer - establishing the fact required
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under Civil Code Section 1788.58(a)(5).
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Exhibit C. Billing Statement - establishing the facts required under Civil Code section
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1788.58(a)(4) and (6).
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11. The documents attached hereto are true and correct copies of the originals, being a
23
reproduction of the records on file on behalf of Plaintiff based upon my review, except to the extent
24
that confidential and privileged information and/or personal identifying information is omitted or
25
redacted as required by local rules, and applicable state and federal laws.
26
\\\
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12. If called upon to testify as a witness thereon, I could and would competently testify as to
28 -4-
DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF
JUDGMENT CCP § 1788.60(a)
1
all the facts stated herein.
2
I declare under penalty of perjury under the laws of the State of California that the foregoing
3
is true and correct.
4
5
May 16 2022
Dated: ______________________ __________________________________________
6 CUSTODIAN OF RECORDS
Susan Lee
7
8
48001
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28 -5-
DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF
JUDGMENT CCP § 1788.60(a)
EXHIBIT A
Sale File: MS972331.DL
ACCOUNT_NUMBER ***********7069
FORMER GE ACCOUNT *********** Y
NUMBER
CUSTOMER_TYPE I
NAME ZAMORA JOE
BIRTH_DATE **/**/1966
CUSTOMER_ID ***************
LIABLE
ACCOUNT_ADDRESS_1 2306 MARKET ST APT 409
ACCOUNT_ADDRESS_2
CITY SAN FRANCISCO
COUNTY
STATE CA
ZIP_CODE 941141554
HOME_PHONE_NUMBER ***************
WORK_PHONE_NUMBER ***************
HOME_PHONE_FLAG
WORK_PHONE_FLAG
ADDRESS_FLAG
LANG_IND EN
MOBILE_PHONE
DEBTOR E-MAIL ADDRESS ***************
CO_CUSTOMER_TYPE
CO_NAME
CO_BIRTH_DATE
CO_CUSTOMER_ID
CO_ACCOUNT_ADDRESS_1
CO_ACCOUNT_ADDRESS_2
CO_CITY
CO_COUNTY
CO_STATE
CO_ZIP_CODE
CO_HOME_PHONE_NUMBE
R
CO_WORK_PHONE_NUMBE
R
INTEREST_RATE 0000
CONTRACT_DATE 20180319
CHARGE_OFF_DATE 20200322
LAST_PAYMENT_DATE 20190907
CHARGE_OFF_AMOUNT 0000215409
ASSOCIATED_COSTS 000000000
ACCRUED_INTEREST 000054781
CURRENT_BALANCE 0000270190
NET_PRINCIPAL 000215409
NET_ASSOCIATED_COSTS 000000000
Sale File: MS972331.DL
NET_INTEREST 000054781
LAST_INTEREST_DATE 00000000
LPA 00000015517
FDOD 20190922
LAST_PURCHASE_DATE 20180613
POST C/O PAYMENTS
POST C/O CREDITS
POST C/O INTEREST
POST C/O FEES
LENDING_OFFICER_CODE CCI598
USER_FIELD 0181
DPS_ID_AGENCY_ATTY_C PRMS
ODE
AGENCY_CODE
DEBTOR ATTORNEY
DEBTOR ATTORNEY
ADDRESS 1
DEBTOR ATTORNEY
ADDRESS 2
DEBTOR ATTORNEY
ADDRESS 3
DEBTOR ATTORNEY CITY
DEBTOR ATTORNEY STATE
DEBTOR ATTORNEY ZIP
DEBTOR ATTORNEY
PHONE NUMBER
DEBTOR ATTORNEY FAX
NUMBER
CO_AGENCY_CODE
EMPLOYERS_NAME
EMPLOYERS_ADDRESS
CO_EMPLOYERS_NAME
CO_EMPLOYERS_ADDRES
S
MONTHLY_INCOME 000000000
MONTHLY_PAYMENT 000000000
NEXT_PAYMENT_DATE 00000000
RECORD_TYPE A
SEQUENCE_NUMBER 00
TITLE
LOAN_TYPE_CODE CARD
DEALER_CODE
CHARGE_OFF_REASON_C WNPY
ODE
ACCOUNT_STATUS SF2
SOURCE_CODE A
RECEIPT_DATE 20200324
LAST_COMMENT_LINE_1
Sale File: MS972331.DL
LAST_COMMENT_LINE_2
LAST_COMMENT_LINE_3
LAST_COMMENT_DATE 00000000
SECOND_NAME_1
SECOND_NAME_2
OTHER_INCOME 000000000
OTHER_OBLIGATIONS 000000000
OWN_RENT_CODE
RECOVERY_SCORE 000
LAST_CONTACT_DATE 20190923
COMMISSION_RATE 0000
FILLER
FORMAT_CODE B
CO_RECORD_TYPE
CO_SEQUENCE_NUMBER
CO_TITLE
FILLER1
FILLER2
CO_FORMAT_CODE
EXHIBIT B
EXHIBIT C
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1 Emily Pierce, Esq. Bar No. 240084 Jordan Cook, Esq. Bar No. 179720 2 Kristen Brinkerhoff, Esq. Bar No. 263579 Lori Williams, Esq. Bar No. 242985 ELECTRONICALLY 3 Michelle Mitchell, Esq. Bar No. 221841 PORTFOLIO RECOVERY ASSOCIATES, LLC F I L E D Superior Court of California, 4 10680 Treena St., Suite 500 County of San Francisco San Diego, CA, 92131 5 866/428-8102 06/13/2022 Attorneys for Plaintiff Clerk of the Court BY: STACY GEE 6 PORTFOLIO RECOVERY ASSOCIATES, LLC Deputy Clerk 7 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF SAN FRANCISCO 9 PORTFOLIO RECOVERY ASSOCIATES, Case No. CGC-21-596991 10 LLC, LIMITED JURISDICTION Plaintiff, 11 vs. DECLARATION OF CUSTODIAN OF 12 RECORDS IN SUPPORT OF JOE ZAMORA; APPLICATION FOR ENTRY 13 OF JUDGMENT PURSUANT TO CIVIL CODE Defendant, § 1788.60(a) 14 15 16 I, the undersigned, declare as follows: 17 1. I am an employee at and custodian of records for PORTFOLIO RECOVERY 18 ASSOCIATES, LLC ("Plaintiff"). I am a competent person over eighteen years of age, and make 19 the statements herein based upon personal knowledge of those account records maintained on 20 Plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, 21 and was assigned all the rights, titleand interest to Defendant’s SYNCHRONY BANK account 22 XXXXXXXXXXXXX7069(hereinafter the "Account"). I have access to and have reviewed the 23 records pertaining to the Account and am authorized to make this declaration on Plaintiff's behalf. 24 2. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a 25 subsequent purchaser of the account. As part of itsoperations, Plaintiff operates and maintains 26 computer systems, into which Plaintiff integrates electronic records and information received from 27 the seller in response to the sale and assignment communications regarding the individual accounts. 28 -1- APCMGLGJBKDJFKBLEIDNBLFK DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION AJAJBCEAEGMJJLLKHKGPNICK AEJPEJPBHCOEJNBLECAOLPNK ACJCKKOLMMMIEKJGJPPBKCBK FOR ENTRY OF JUDGMENT CCP § 1788.60(a) AOIEOPGKKEIMGLNHIHIDHNMK AAMCGOMIMOGMKEKCEEIKGCMK 1 3. I am familiar with the manner and method by which Plaintiff creates and maintains its normal 2 business books and records. The records are kept in the normal course of business. Plaintiff 3 maintains computerized account records, including the account information that was provided to 4 Plaintiff by SYNCHRONY BANK. The computerized account records include the transfer balance 5 and transfer date of the subject Account. The records are kept in the ordinary course of business by 6 representatives of Plaintiff who are charged with the duty to accurately record any business act, 7 condition or event on the computer with entries made at or near the time of any such occurrence. 8 4. On or about April 22, 2021, Plaintiff became the successor in interest to this Account. 9 Plaintiff acquired and incorporated the attached Account records into its permanent business records 10 as a result of Plaintiff's purchase of the Account. These records are kept in the regular course of 11 business on behalf of Plaintiff, and along with the electronic records provided at purchase, are 12 Plaintiff's primary source of business records for this Account. 13 5. Upon information and belief, federal law required the original creditor to send monthly 14 statements to the Defendant at the address at which the Defendant advised that he/she was residing 15 at the time that he/she established the Account, or to any subsequent address provided by the 16 Defendant. 17 6. The accuracy of such records is relied upon by Plaintiff in purchasing and collecting upon 18 this Account. The records are trustworthy and relied upon because the original creditor was required 19 to keep careful records of the Account at issue in this case as required by law and/or suffer business 20 loss. 21 7. This Account was purchased on or after January 1, 2014 and, therefore is subject to 22 California Civil Code section 1788.60. 23 8. In accordance with California Civil Code section 1788.58(a)(3-8), Plaintiff's records show 24 the following relevant information concerning the Account. 25 a. Plaintiff is the sole owner of the Account. 26 b. The Account was opened on March 19, 2018 and charged off on March 22, 2020 with a 27 balance of $2,701.90 at time of charge off. 28 -2- DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT CCP § 1788.60(a) 1 c. PORTFOLIO RECOVERY ASSOCIATES, LLC’s records show that the balance of 2 $2,661.90 remains due and owing as of May 10, 2022. Plaintiff is not seeking to recover 3 any post-charge off interest to which it may be entitled and/or fees that may have been 4 imposed by the charge off creditor or subsequent purchasers of the debt and is seeking 5 to recover only that portion of the charge off balance that remains due and owing as of 6 May 10, 2022. 7 d. The date of last payment on the credit account was 09/07/2019. 8 e. The charge-off creditor name and address at the time of charge-off: 9 NAME ADDRESS 10 SYNCHRONY BANK 170 E ELECTION RD, SUITE 11 125, DRAPER, UT 84020 12 f. The charge-off account number associated with the debt at the time of charge-off was 13 XXXXXXXXXXXXX7069. 14 g. Defendant’s name and address as it appeared in the charge off creditor's records: 15 JOE ZAMORA, 2306 MARKET ST APT 409, SAN FRANCISCO, CA 94114- 16 1554. 17 \\\ 18 \\\ 19 \\\ 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 25 26 27 28 -3- DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT CCP § 1788.60(a) 1 h. The complete chain of title including SYNCHRONY BANK and all post charge off 2 purchasers of the debt are as follows: 3 i. 4 NAME ADDRESS 5 SYNCHRONY BANK 170 E ELECTION RD, SUITE 125, 6 DRAPER, UT 84020 7 ii. 8 PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD 9 NORFOLK, VA 2305 10 9. Plaintiff's records show that Plaintiff or its agents made demand for payment of the balance 11 herein prior to making this declaration and Defendant failed to make full payment of the amount 12 owed on the Account. 13 10. Attached hereto as Exhibits A, B, and C are the Account records I reviewed in executing 14 this declaration, which relate to the Account and/or payment(s) received. 15 Exhibit A. Documentation reflecting the Chain of Title and establishing the facts required 16 under Civil Code Section 1788.58(a)(3),(4),(5),(7) and (8). 17 Exhibit B. Billing Statement(s), including but not limited to the Last Monthly Statement 18 Recording a Purchase Transaction, Last Payment, or Balance transfer - establishing the fact required 19 under Civil Code Section 1788.58(a)(5). 20 Exhibit C. Billing Statement - establishing the facts required under Civil Code section 21 1788.58(a)(4) and (6). 22 11. The documents attached hereto are true and correct copies of the originals, being a 23 reproduction of the records on file on behalf of Plaintiff based upon my review, except to the extent 24 that confidential and privileged information and/or personal identifying information is omitted or 25 redacted as required by local rules, and applicable state and federal laws. 26 \\\ 27 12. If called upon to testify as a witness thereon, I could and would competently testify as to 28 -4- DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT CCP § 1788.60(a) 1 all the facts stated herein. 2 I declare under penalty of perjury under the laws of the State of California that the foregoing 3 is true and correct. 4 5 May 16 2022 Dated: ______________________ __________________________________________ 6 CUSTODIAN OF RECORDS Susan Lee 7 8 48001 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- DECLARATION OF CUSTODIAN OF RECORDS IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT CCP § 1788.60(a) EXHIBIT A Sale File: MS972331.DL ACCOUNT_NUMBER ***********7069 FORMER GE ACCOUNT *********** Y NUMBER CUSTOMER_TYPE I NAME ZAMORA JOE BIRTH_DATE **/**/1966 CUSTOMER_ID *************** LIABLE ACCOUNT_ADDRESS_1 2306 MARKET ST APT 409 ACCOUNT_ADDRESS_2 CITY SAN FRANCISCO COUNTY STATE CA ZIP_CODE 941141554 HOME_PHONE_NUMBER *************** WORK_PHONE_NUMBER *************** HOME_PHONE_FLAG WORK_PHONE_FLAG ADDRESS_FLAG LANG_IND EN MOBILE_PHONE DEBTOR E-MAIL ADDRESS *************** CO_CUSTOMER_TYPE CO_NAME CO_BIRTH_DATE CO_CUSTOMER_ID CO_ACCOUNT_ADDRESS_1 CO_ACCOUNT_ADDRESS_2 CO_CITY CO_COUNTY CO_STATE CO_ZIP_CODE CO_HOME_PHONE_NUMBE R CO_WORK_PHONE_NUMBE R INTEREST_RATE 0000 CONTRACT_DATE 20180319 CHARGE_OFF_DATE 20200322 LAST_PAYMENT_DATE 20190907 CHARGE_OFF_AMOUNT 0000215409 ASSOCIATED_COSTS 000000000 ACCRUED_INTEREST 000054781 CURRENT_BALANCE 0000270190 NET_PRINCIPAL 000215409 NET_ASSOCIATED_COSTS 000000000 Sale File: MS972331.DL NET_INTEREST 000054781 LAST_INTEREST_DATE 00000000 LPA 00000015517 FDOD 20190922 LAST_PURCHASE_DATE 20180613 POST C/O PAYMENTS POST C/O CREDITS POST C/O INTEREST POST C/O FEES LENDING_OFFICER_CODE CCI598 USER_FIELD 0181 DPS_ID_AGENCY_ATTY_C PRMS ODE AGENCY_CODE DEBTOR ATTORNEY DEBTOR ATTORNEY ADDRESS 1 DEBTOR ATTORNEY ADDRESS 2 DEBTOR ATTORNEY ADDRESS 3 DEBTOR ATTORNEY CITY DEBTOR ATTORNEY STATE DEBTOR ATTORNEY ZIP DEBTOR ATTORNEY PHONE NUMBER DEBTOR ATTORNEY FAX NUMBER CO_AGENCY_CODE EMPLOYERS_NAME EMPLOYERS_ADDRESS CO_EMPLOYERS_NAME CO_EMPLOYERS_ADDRES S MONTHLY_INCOME 000000000 MONTHLY_PAYMENT 000000000 NEXT_PAYMENT_DATE 00000000 RECORD_TYPE A SEQUENCE_NUMBER 00 TITLE LOAN_TYPE_CODE CARD DEALER_CODE CHARGE_OFF_REASON_C WNPY ODE ACCOUNT_STATUS SF2 SOURCE_CODE A RECEIPT_DATE 20200324 LAST_COMMENT_LINE_1 Sale File: MS972331.DL LAST_COMMENT_LINE_2 LAST_COMMENT_LINE_3 LAST_COMMENT_DATE 00000000 SECOND_NAME_1 SECOND_NAME_2 OTHER_INCOME 000000000 OTHER_OBLIGATIONS 000000000 OWN_RENT_CODE RECOVERY_SCORE 000 LAST_CONTACT_DATE 20190923 COMMISSION_RATE 0000 FILLER FORMAT_CODE B CO_RECORD_TYPE CO_SEQUENCE_NUMBER CO_TITLE FILLER1 FILLER2 CO_FORMAT_CODE EXHIBIT B EXHIBIT C