On June 28, 2013 a
Party Notice
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Esguerra, Manuel T,
for EXEMPT COLLECTIONS (RULE 3.740)
in the District Court of San Francisco County.
Preview
DOI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-27-2013 10:13 am
Case Number: CGC-13-532504
Filing Date: Aug-27-2013 10:13 am
Filed by: TJ MOROHOSHI
Juke Box: 001 Image: 04179087
DECLARATION
PORTFOLIO RECOVERY ASSOCIATES, LLC VS. MANUEL T ESGUERRA
001004179087
Instructions:
Please place this sheet on top of the document to be scanned.HUNT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119
TELEPHONE: (408) 362-2270
FACSIMILE: (408) 362-2299
COON OD Om B® WN HS
bw NR YR NY NY N KR NY SF ee es Be se Se Be Se
oN A A BR BN - So ww IN DW fF YBN
Hunt & Henriques, Attorneys at Law
Michael S. Hunt, Esq. #99804
Janalie Henriques, Esq. #111589
151 Bernal Road Suite 8
San José CA 95119-1306
Telephone: (408) 362-2270
Facsimile: (408) 362-2299
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SAN FRANCISCO LIMITED DIVISION - LIMITED CIVIL
PORTFOLIO RECOVERY ASSOCIATES, LLC, Case No. CGC-13-532504
Plaintiff, DECLARATION OF COUNSEL RE:
vs. 1. INTEREST
2. COSTS (CCP § 1033)
MANUEL T ESGUERRA, et al., 3. ATTORNEY FEES
Defendant(s).
I, the undersigned declare
1. Lam an attorney at law duly licensed to practice before all courts in the state of California and I
am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly
authorized custodian of the business books and records of Hunt and Henriques, Plaintiff's
counsel as they pertain to the captioned matter.
2. If called to testify as a witness, I could and would competently testify as to all the facts stated in
this declaration, except as to those matters testified to upon information and belief, and as to
those matters, I believe them to be true.
INTEREST
3. Plaintiff did not request pre-judgment interest in its complaint.
COSTS
4. Plaintiff cannot utilize Small Claims Court due to the volume of delinquent credit accounts that
Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance.
Page 1
Declaration Regarding Interest Costs and Attorney Fees
DJ 1|DJ DRICAF NI | JJO 862502.001HUNT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119
TELEPHONE: (408) 362-2270
FACSIMILE: (408) 362-2299
eo @
In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees.
Actions to recover the delinquent credit card balance are filed in the jurisdiction where the
Defendant resides. Plaintiff's employees would need to travel throughout the state which would
cause them to be out of the office on a regular basis and therefore unable to perform other job
duties. CCP § 116.540(b) states that a corporation may appear only through an employee who is
employed for purposes other than solely representing the corporation in Small Claims Court.
Therefore, proceeding in Small Claims Court is not practical.
5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiffs counsel
sent a letter to Defendant informing Defendant of Plaintiff s intent to initiate legal action against
Defendant and that legal action could result in a judgment against the Defendant which could
include costs and attorney’s fees to the extent permitted by law. The letter sent to Defendant was
a form letter. The only specific account information in the letter was the Defendant’s name,
address, account number and account balance. With the exception of the account number which
has been redacted to comply with CRC 1.20 (b), the content of this letter has been printed and is
attached as Exhibit A.
ATTORNEY FEES
6. Plaintiff, through its counsel, hereby waives attorney fees.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed on August 22, 2013 in San José, California.
Ck
Janalie Henriques
Hunt & Henriques
Attorneys for Plaintiff
Page 2
Declaration Regarding Interest Costs and Attorney Fees
DJ 1 | DJ DR ICAF NI | JJO 862502.001@ #sUNTSHENRIQUE®
MICHAEL S. HUNT ATTORNEYS AT LAW TELEPHONE (800)496-5048
JANALIE HENRIQUES 151 BERNAL ROAD, SUITE 8 FACSIMILE (408)362-2299
SAN JOSE, CA 95119-1306
May 20, 2013
Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS
PORTFOLIO RECOVERY ASSOCIATES, LLC / HSBC BANK NEVADA, N.A.
Account number ending in: 6569
Balance due as of May 20, 2013: $11,132.03
Dear MANUEL T ESGUERRA:
The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client
PORTFOLIO RECOVERY ASSOCIATES, LLC in an attempt to collect the above identified debt. If a lawsuit is
filed and our client prevails, the local court could enter judgment against you for the entire balance of your
account. We also intend to seek to recover court costs on behalf of our client.
This communication is from a debt collector.
Very truly yours,
Gotten
Michael S. Hunt
Janalie Henriques
HUNT & HENRIQUES
The attorney whose signature appears above personally requested this letter be sent after he/she reviewed
relevant portions of our file for the limited purpose of sending this letter.
HUNT&HENR
ATTORNEYS AT LAW
151 BERNAL ROAD, SUITE 8
SAN JOSE, CA 95119-1306
RETURN SERVICE REQUESTED
TATED fated eal deste ne
P2PGE000204514 104516
S-SFHUHE10 L-DD00027D A-862502.001
MANUEL T ESGUERRA
234 MAYNARD ST
SAN FRANCISCO CA 94112-1639
DD00027D|CHE 862502.001
EXHIBIT A
Document Filed Date
August 27, 2013
Case Filing Date
June 28, 2013
Category
EXEMPT COLLECTIONS (RULE 3.740)
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DOI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-27-2013 10:13 am Case Number: CGC-13-532504 Filing Date: Aug-27-2013 10:13 am Filed by: TJ MOROHOSHI Juke Box: 001 Image: 04179087 DECLARATION PORTFOLIO RECOVERY ASSOCIATES, LLC VS. MANUEL T ESGUERRA 001004179087 Instructions: Please place this sheet on top of the document to be scanned.HUNT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119 TELEPHONE: (408) 362-2270 FACSIMILE: (408) 362-2299 COON OD Om B® WN HS bw NR YR NY NY N KR NY SF ee es Be se Se Be Se oN A A BR BN - So ww IN DW fF YBN Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. #99804 Janalie Henriques, Esq. #111589 151 Bernal Road Suite 8 San José CA 95119-1306 Telephone: (408) 362-2270 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO SAN FRANCISCO LIMITED DIVISION - LIMITED CIVIL PORTFOLIO RECOVERY ASSOCIATES, LLC, Case No. CGC-13-532504 Plaintiff, DECLARATION OF COUNSEL RE: vs. 1. INTEREST 2. COSTS (CCP § 1033) MANUEL T ESGUERRA, et al., 3. ATTORNEY FEES Defendant(s). I, the undersigned declare 1. Lam an attorney at law duly licensed to practice before all courts in the state of California and I am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly authorized custodian of the business books and records of Hunt and Henriques, Plaintiff's counsel as they pertain to the captioned matter. 2. If called to testify as a witness, I could and would competently testify as to all the facts stated in this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be true. INTEREST 3. Plaintiff did not request pre-judgment interest in its complaint. COSTS 4. Plaintiff cannot utilize Small Claims Court due to the volume of delinquent credit accounts that Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance. Page 1 Declaration Regarding Interest Costs and Attorney Fees DJ 1|DJ DRICAF NI | JJO 862502.001HUNT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119 TELEPHONE: (408) 362-2270 FACSIMILE: (408) 362-2299 eo @ In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees. Actions to recover the delinquent credit card balance are filed in the jurisdiction where the Defendant resides. Plaintiff's employees would need to travel throughout the state which would cause them to be out of the office on a regular basis and therefore unable to perform other job duties. CCP § 116.540(b) states that a corporation may appear only through an employee who is employed for purposes other than solely representing the corporation in Small Claims Court. Therefore, proceeding in Small Claims Court is not practical. 5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiffs counsel sent a letter to Defendant informing Defendant of Plaintiff s intent to initiate legal action against Defendant and that legal action could result in a judgment against the Defendant which could include costs and attorney’s fees to the extent permitted by law. The letter sent to Defendant was a form letter. The only specific account information in the letter was the Defendant’s name, address, account number and account balance. With the exception of the account number which has been redacted to comply with CRC 1.20 (b), the content of this letter has been printed and is attached as Exhibit A. ATTORNEY FEES 6. Plaintiff, through its counsel, hereby waives attorney fees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 22, 2013 in San José, California. Ck Janalie Henriques Hunt & Henriques Attorneys for Plaintiff Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ 1 | DJ DR ICAF NI | JJO 862502.001@ #sUNTSHENRIQUE® MICHAEL S. HUNT ATTORNEYS AT LAW TELEPHONE (800)496-5048 JANALIE HENRIQUES 151 BERNAL ROAD, SUITE 8 FACSIMILE (408)362-2299 SAN JOSE, CA 95119-1306 May 20, 2013 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS PORTFOLIO RECOVERY ASSOCIATES, LLC / HSBC BANK NEVADA, N.A. Account number ending in: 6569 Balance due as of May 20, 2013: $11,132.03 Dear MANUEL T ESGUERRA: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client PORTFOLIO RECOVERY ASSOCIATES, LLC in an attempt to collect the above identified debt. If a lawsuit is filed and our client prevails, the local court could enter judgment against you for the entire balance of your account. We also intend to seek to recover court costs on behalf of our client. This communication is from a debt collector. Very truly yours, Gotten Michael S. Hunt Janalie Henriques HUNT & HENRIQUES The attorney whose signature appears above personally requested this letter be sent after he/she reviewed relevant portions of our file for the limited purpose of sending this letter. HUNT&HENR ATTORNEYS AT LAW 151 BERNAL ROAD, SUITE 8 SAN JOSE, CA 95119-1306 RETURN SERVICE REQUESTED TATED fated eal deste ne P2PGE000204514 104516 S-SFHUHE10 L-DD00027D A-862502.001 MANUEL T ESGUERRA 234 MAYNARD ST SAN FRANCISCO CA 94112-1639 DD00027D|CHE 862502.001 EXHIBIT A