Hearing: ALIGN TECHNOLOGY, INC. VS. NICOLE LAMBERT ET AL

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DAVID J. COOK, ESQ. (State Bar # 060859)
COOK COLLECTION ATTORNEYS
A PROFESSIONAL LAW CORPORATION

165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY
Mailing Address: P.O. Box 270 FILED

San Francisco, CA 94104-0270 Superior Court of California,
Tel. 415) 989-4730 County of San Pranctoce

‘ax: (415) 989-0491 05/21/2018
File No. 57,619 oa of 42 Court
BY:DORA LOUIE

Attorneys for Plaintiff as

ALIGN TECHNOLOGY, INC.

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION

ALIGN TECHNOLOGY, INC., a CASE NO. CGC-17-561692

corporation,

Plaintiff, DECLARATION OF RYAN L. DAHM, ESQ.
IN SUPPORT OF PLAINTIFF’S EX PARTE
REQUEST FOR WAIVER OF WITNESS AT
DEFAULT PROVE-UP HEARING

VS.

AND DOES I THROUGH X AND Date: June 5, 2018
EACH OF THEM INCLUSIVE, Time: 9:00 a.m.
Dept. : 514

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NICOLE LAMBERT, an individual; ;
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Defendants. ;
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I, RYAN L. DAHM, hereby declare and state as follows:

1. Iam one of the attorneys of record for Plaintiff in the above-entitled action, am duly
authorized to practice before all courts in the State of California, and am familiar with the facts
and circumstances in this action.

2. Plaintiff has filed this collection action to recover the sum of $47,772.23 based upon the
Defendant’s failure to pay for goods sold and delivered. Copies of the unpaid invoices are
attached to the DECLARATION OF JENNIFER BERG IN SUPPORT OF DEFAULT AND
DEFAULT JUDGMENT filed contemporaneously herein.

3. Plaintiff has entered the default of the Defendant, and now proceeds with a Default

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Prove-up hearing.

4. The witness is Jennifer Berg who is the Credit Manager of Plaintiff and can offer
admissible testimony under California Evidence Code Section 1 271.

5. Declarant is informed that Ms. Berg’s office is currently located in Santa Clara,
California.

6. Ms, Berg has provided the court with admissible evidence in support of the debt by way
of declaration, and moreover, does not maintain a place of business in this county. This is a
straightforward commercial debt collection matter. All of the unpaid invoices have been
authenticated by Ms. Berg and the total amount owed by the Defendant has been sworn to by Ms.
Berg by way of her declaration. If required to appear at the hearing Ms. Berg would only be
repeating what is in her declaration. Declarant therefore requests that the court excuse Ms. Berg’s
appearance at the hearing.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on May 21, 2018 at San Francisco, California.

FAUSERS\DJCNEW\Lambert, default prove-up ex parte waive witness, rld dec.wpd

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DECLARATION OF RYAN L. DAHM, ESQ. IN SUPPORT OF PLAINTIFF'S EX PARTE REQUEST FOR
WAIVER OF WITNESS AT DEFAULT PROVE-UP HEARING