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MUUOCAIE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-25-2012 12:41 pm
Case Number: CGC-11-516425
Filing Date: Jul-25-2012 12:40
Filed by: TJ MOROHOSHI
Juke Box: 001 Image: 03699441
DECLARATION
DEPARTMENT STORES NATIONAL BANK VS. PANCY CHOW
001C03699441
Instructions:
Please place this sheet on top of the document to be scanned.
__]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
DEPARTMENT STORES NATIONAL BANK,
Plaintiff,
vs.
PANCY CHOW, et al.,
Defendant(s).
HuNT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119
FACSIMILE: (408) 362-2299
TELEPHONE: (408) 362-2270
I, the undersigned declare
1. Iam an attorney at law duly licensed to practice before all courts in the state of California and I
Case No. CGC-11-516425
DECLARATION OF COUNSEL RE:
1, INTEREST
2. COSTS (CCP § 1033)
3. ATTORNEY FEES
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, Plaintiffs
counsel as they pertain to the captioned matter.
. Ifcalled 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
. Plaintiff did not request pre-judgment interest in its complaint.
COSTS
. 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 DR ICAF NI | JJO 529289.001HUNT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119
‘TELEPHONE: (408) 362-2270
FACSIMILE: (408) 362-2299
Oo ef IY DH FF W NN HY
Rw RM YY NR NK KN KY KY Se He Be Be ee we eB Be
eo TY DA hw BB YO NHN FF SS oO wn A HW PB YW NY SH CO
In order to file eo in Small Claims Court, Plaintiff Os to hire additional employees.
Actions to recover the delinquent credit card balance are filed in the jurisdiction where the
Defendant resides. Plaintiffs 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 Plaintiffs 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 February 7, 2012 in San José, California.
(
Janalie iques
Hunt & Henriques
Attorneys for Plaintiff
Page 2
Declaration Regarding Interest Costs and Attorney Fees
DJ 1|DJ DRICAF NI |JJO 529289.001@ HUNT & HENRIQUES @
MICHAEL S. HUNT ATTORNEYS AT LAW TELEPHONE 362-2270
JANALIE HENRIQUES 151 BERNAL ROAD, SUITE 8 FACSIMILE 362-2299
SAN JOSE, CALIFORNIA 95119-1306
PANCY CHOW
1701 MASON ST
SAN FRANCISCO CA 94133-2718
May 20, 2010
RE: Department Stores National Bank Account Number: XXXXXXXXXKXXX9992
Balance as of May 20, 2010: $6,209.85
Dear PANCY CHOW,
Our Client, Department Stores National Bank has engaged this law firm to make demand for payment in full on
your account referenced above. Your account is in default and has been closed, and formal demand is now
being made for the entire outstanding balance. As of the date of this letter, your total debt is $6,209.85. This
amount may increase because of interest.
If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to
satisfy your account.
Our client considers this to be a serious matter. A legal proceeding is a matter of public record. If a lawsuit is
filed, the local court could enter judgment against you for the entire balance of you account, plus to the extent
provided in your account agreement and permitted by law, attorney’s fees, court costs and interest. Ifa
judgment is entered against you, it may appear on your credit record for up to seven (7) years and may affect
your ability to obtain credit, employment and/or housing.
Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of
it. If you do not dispute the validity of the debt, or any part of it, within that period, we will assume that
the debt it valid. If you dispute the debt, or any part of it, in writing - by mailing a notice to this firm to
that effect on or before the 30th day following the date you receive this letter - we will obtain and mail to
you proof (verification) of the debt. And, if within the same period, you request in writing the name and
address of the original creditor (if different from our client), we will furnish you with that information
too. Upon receipt of your written dispute, all efforts to collect this debt will be suspended until we mail
any required information to you. Our client will wait until sufficient time has elapsed for this firm to be
able to receive a written notice of dispute from you - even if you mail it on the 30th day following the date
you receive this letter - before authorizing us to file suit against you to collect this date.
Additional important disclosures continued on reverse...
EXHIBIT A
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MUUOCAIE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-25-2012 12:41 pm Case Number: CGC-11-516425 Filing Date: Jul-25-2012 12:40 Filed by: TJ MOROHOSHI Juke Box: 001 Image: 03699441 DECLARATION DEPARTMENT STORES NATIONAL BANK VS. PANCY CHOW 001C03699441 Instructions: Please place this sheet on top of the document to be scanned. __]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 DEPARTMENT STORES NATIONAL BANK, Plaintiff, vs. PANCY CHOW, et al., Defendant(s). HuNT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119 FACSIMILE: (408) 362-2299 TELEPHONE: (408) 362-2270 I, the undersigned declare 1. Iam an attorney at law duly licensed to practice before all courts in the state of California and I Case No. CGC-11-516425 DECLARATION OF COUNSEL RE: 1, INTEREST 2. COSTS (CCP § 1033) 3. ATTORNEY FEES 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, Plaintiffs counsel as they pertain to the captioned matter. . Ifcalled 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 . Plaintiff did not request pre-judgment interest in its complaint. COSTS . 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 DR ICAF NI | JJO 529289.001HUNT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119 ‘TELEPHONE: (408) 362-2270 FACSIMILE: (408) 362-2299 Oo ef IY DH FF W NN HY Rw RM YY NR NK KN KY KY Se He Be Be ee we eB Be eo TY DA hw BB YO NHN FF SS oO wn A HW PB YW NY SH CO In order to file eo in Small Claims Court, Plaintiff Os to hire additional employees. Actions to recover the delinquent credit card balance are filed in the jurisdiction where the Defendant resides. Plaintiffs 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 Plaintiffs 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 February 7, 2012 in San José, California. ( Janalie iques Hunt & Henriques Attorneys for Plaintiff Page 2 Declaration Regarding Interest Costs and Attorney Fees DJ 1|DJ DRICAF NI |JJO 529289.001@ HUNT & HENRIQUES @ MICHAEL S. HUNT ATTORNEYS AT LAW TELEPHONE 362-2270 JANALIE HENRIQUES 151 BERNAL ROAD, SUITE 8 FACSIMILE 362-2299 SAN JOSE, CALIFORNIA 95119-1306 PANCY CHOW 1701 MASON ST SAN FRANCISCO CA 94133-2718 May 20, 2010 RE: Department Stores National Bank Account Number: XXXXXXXXXKXXX9992 Balance as of May 20, 2010: $6,209.85 Dear PANCY CHOW, Our Client, Department Stores National Bank has engaged this law firm to make demand for payment in full on your account referenced above. Your account is in default and has been closed, and formal demand is now being made for the entire outstanding balance. As of the date of this letter, your total debt is $6,209.85. This amount may increase because of interest. If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to satisfy your account. Our client considers this to be a serious matter. A legal proceeding is a matter of public record. If a lawsuit is filed, the local court could enter judgment against you for the entire balance of you account, plus to the extent provided in your account agreement and permitted by law, attorney’s fees, court costs and interest. Ifa judgment is entered against you, it may appear on your credit record for up to seven (7) years and may affect your ability to obtain credit, employment and/or housing. Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute the validity of the debt, or any part of it, within that period, we will assume that the debt it valid. If you dispute the debt, or any part of it, in writing - by mailing a notice to this firm to that effect on or before the 30th day following the date you receive this letter - we will obtain and mail to you proof (verification) of the debt. And, if within the same period, you request in writing the name and address of the original creditor (if different from our client), we will furnish you with that information too. Upon receipt of your written dispute, all efforts to collect this debt will be suspended until we mail any required information to you. Our client will wait until sufficient time has elapsed for this firm to be able to receive a written notice of dispute from you - even if you mail it on the 30th day following the date you receive this letter - before authorizing us to file suit against you to collect this date. Additional important disclosures continued on reverse... EXHIBIT A