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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-21-2012 9:24 am
Case Number: CGC-11-512869
Filing Date: Mar-21-2012 9:23
Juke Box: 001 Image: 03542937
DECLARATION
MOUNTAIN LION ACQUISITIONS, LLC VS. AYAFEMI T WILSON et al
001003542937
Instructions:
Please place this sheet on top of the document to be scanned.hgh,
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D. Scott Carruthers, State Bar #68745 ep 2
Attorney At Law Dest Oe YQ
8448 Katella Avenue/PO Box 228 Ge eo
Stanton, California 90680 06, OB yy
(714) 761-3976 fey, “Rp
Fax: (714) 761-1754 Clap
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Attorney For: Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MOUNTAIN LION ACQUITION, LLC ) CASE NO: CGC-11-512869
Plaintiff, DECLARATION OF LUIS OCHOA IN
SUPPORT OF DEFAULT JUDGMENT
Vs. CCP: 585(b)
LIMITED
AYAFEMI T WILSON } Action Filed: 08/31/2011
Defendant(S). }
I Luis Ochoa declare as follows;
1. Tam a corporate representative of CashCall Inc. I have personal knowledge of the
foregoing. The matters stated in the foregoing documents are true of my own knowledge except where
stated on information and belief, and as to those matters I believe them to be true. If called upon to do so,
I could and would competently testify thereto.
>
2. In my capacity as a corporate representative of CashCall, I am required to and have
become personally familiar with the manner in which CashCall’s documents, books, and records are
prepared and maintained. CashCall maintains records of its loan transactions in the regular course of its
business, and its regular course of its business is to create and maintain such records.
3. It is CashCall’s practice to record transactions, acts, conditions, and events concerning
CashCall and its appticants/borrowers as those events occur, and CashCall maintains those records and
relies upon such records in its dealings with its applicants/borrowers.
DECLARATION IN SUPPORT OF DEFAULT JUDGMENT27
28
4, Thave personally reviewed CashCall’s documents, books and records to the extent
necessary to prepare this Declaration.
5. The Promissory Note (See original attached hereto as Exhibit “A”) was executed via
certified digital software pursuant to the Electronic Signatures in Global and National Commerce Act (E-
Sign Act’).
6. Defendant made payments which can be seen in the loan transaction history. (See
Exhibit “B” attached hereto.) As seen by Exhibit “B”, Defendant has failed to make a payment since
11/01/2007 Thus, after Defendant made the payment on this loan, there was an outstanding principal
balance of 5045.82,
7. According to the terms of the Promissory Note, Defendant is obligated to pay interest on
the outstanding balance at the rate of 59.00 per annum.
Computation of interest on 5045.82 is as follows:
59.00 Per Annum from 11/01/2007 to 1/28/2011:
Calculation: — 11/01/2007 to 1/28/2011 = 1450
5045.82 x 59.00 = 2977.03 divided by 365 days in a calendar year =
8.154931 x 1450 = 11824.65
8. The Promissory Note includes a provision for Attorney Fees to the prevailing party in the
event litigation is needed to collect the debt. See provision highlighted on page two of Exhibit “A”
9. On or about 07/28/2010, the Defendant’s account was sold to MOUNTAIN LION
ACQUITION, LLC
145 U.S. Code Section 7001. General rule of Validity. (a) In General. Notwithstanding any statute, regulation, or
other rules of law (other than the subchapter and subchapter II of this chapter), with respect to any transaction in or
affecting interstate or foreign commerce — (1) a signature, contract or other record relating to such transaction may
not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating|
to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature oy
electronic record was used in its formation.
DECLARATION IN SUPPORT OF DEFAULT JUDGMENT27
28
10. The total amount of damages sought are as follows:
a. Demand $045.82
b. Interest 11824.65
c Costs 290.00
d. Attorney Fees 850.00
Total: 18010.47
I declare under penalty of perjury that the foregoing is true and correct. Executed October 21,
2011 in Stanton, California
ICHOA
Declarant
DECLARATION IN SUPPORT OF DEFAULT JUDGMENToot fil~‘“F:/cashcallbackup/1686598/NOTE_1686598.htm
CASHCALL PROMISSORY NOTE AND DISCLOSURE STATEMENT
Account No.: 1686598 Date of Note: June 28, 2007
Lender: CashCall, Inc. Expected Funding Date: June 29, 2007
Address: 17360 Brookhurst Street Borrower: AYAFEMI T WILSON
Fountain Valley, CA 92708 Address: 5337 DIAMOND BLVD
e
SAN FRANCISCO, CA 94131
TRUTH IN LENDING ACT DISCLOSURE STATEMENT
ANNUAL FINANCE AMOUNT
TOTAL OF PAYMENTS
PERCENTAGE CHARGE FINANCED The amount I will have paid
The amount of
RA The dollar amount
The cost a credit | the credit will cost credit provided to ener a eevnediled made
as a yearly rate me me
59.94 % - $16,353.76 $5,000.00 $21,353.76
PAYMENT SCHEDULE
One payment of $270.67 on August 01, 2007,
82 monthly payments of $254.03 beginning on September 01, 2007.
One payment of $252.63 on July 01, 2014.
Late Charge: If a payment is more than 15 days late, 1 will be charged $15.00.
Prepayment: _ [f I pay off this loan early, I will not have to pay any penalty.
Please see the remainder of this document for additional information about nonpayment,
default and any required repayment in full before the scheduled date.
ITEMIZATION OF AMOUNT FINANCED
Amount Financed: $5,000.00
Amount Paid to Borrower Directly: $5,000.00
Prepaid Finance Charge/Origination Fee:|$75.00
EXHIBIT Al -
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In this Promissory Note & Disclosure Statement ("Note"), the words "I" and "me" mean the person
signing as a borrower. The boxed-in disclosures above are part of the terms and conditions of your
agreement with us.
FOR VALUE RECEIVED, I promise to pay to the order of CashCall, Inc., or any subsequent holder of
this Note (the "Holder"), the sum of $5,075.00, together with interest calculated at 59.00 % and
any outstanding charges or late fees, until the full amount of this Note is paid.
I understand that my payments will be applied first to any outstanding charges or late fees, then to
earned Interest and finally to principal. The payment schedule described above is only an estimate
and may change in the event I do not make all payments as scheduled.
Interest is calculated on a 360/360 simple interest basis. This means that interest is calculated by
dividing the annual Interest Rate by 360, multiplying that number by the outstanding principal
balance, and multiplying that number by the number of days the principal balance is outstanding.
I understand that I may prepay all or any part of the principal without penalty,
1 understand that I will be subject to a fee not to exceed the legally permitted amount if any
payment I make is returned for non-sufficient funds.
I understand that if I fail to make any payment due hereunder, the Holder of this Note shall have
the right, after a 30-day grace period, to declare this Note to be immediately due and payable. I
further understand that if I file for an assignment for the benefit of creditors, bankruptcy, or for
relief under any provisions of the United States Bankruptcy Code, the Holder of this Note shall
have the right to declare this Note to be immediately due and payable.
1 understand that in the event that Holder is required to employ an attorney at law to collect any
amounts due under this Note, I will be required to pay the reasonable fees of such attorney to
protect the interest of Holder or to take any other action required to collect the amounts due
hereunder.
I agree that all payments not made within fifteen (15) days of the due date shall be subject to a
late fee of $15. Any late fee assessed shall be collected by the Holder on behalf of the Holder and
shall inure to the exclusive benefit of the Holder.
The origination fee included in the prepaid finance charge/origination fee disclosed above is fully
earned upon toan origination, is not subject to rebate upon prepayment or acceleration of this Note
and is not considered interest.
The Holder of this Note may detay or forgo enforcing any of its rights or remedies under this Note
without losing them. I hereby, to the extent allowed by law, waive any applicable statute of
limitations, presentment, demand for payment, or protest and notice of dishonor. Upon any change
in the terms of'this Note, and unless otherwise expressly stated in writing, no party who signs this
Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from
liability.
The rights of Holder hereof shal! be cumulative and not necessarily successive. This Note shall take
effect as a sealed instrument and shall be construed, governed and enforced in accordance with
the laws of the State of California.
This Note is in original format an electronic document fully compliant with the Electronic
Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and
regulations, and that the one, true original Note is retained electronically by Holder on behalf of
Holder. All other versions hereof, whether electronic or in tangible format, constitute facsimiles or
aot a . 10/21/2011 9:57 AM_ fil-““F:/casheallbackup/1686598/NOTE_1686598.htm
reproductions only,
I understand that I have previously consented to receive all communications from the Holder,
including but not limited to, all required disclosures via electronic mail.
I understand and agree that CashCall, Inc. may obtain credit reports on me an ongoing basis as
long as this loan remains in effect. I also authorize CashCall, Inc. to report information concerning
my account to credit bureaus and anyone else it believes in good faith has a legitimate need for
such information.
A married or registered domestic partner applicant may apply for a separate account. As required
by law, you are hereby notified that a negative credit report reflecting on your credit record may
be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If
Holder takes any adverse action as defined by Section 1785.3 of the California Civil Code and the
adverse action is based, in whole or in part, on any information contained in a consumer credit
report, you have the right to obtain within 60 days a free copy of your consumer credit report from
the consumer reporting agency who furnished us your consumer credit report and from any other
consumer credit reporting agency which compiles and maintains files on consumers on a
nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code
to dispute the accuracy or completeness of any information in a consumer credit report furnished
by the consumer credit reporting agency.
THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN
CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE
LOAN IS 84 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON
AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN
AT ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER, BE REQUIRED
TO PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL
THE PAYOFF DATE.
I CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION
WITH THE MAKING OF THIS LOAN.
I ATTEST THAT THE CHECK SUBMITTED FOR APPROVAL OF MY LOAN IS FROM A LEGAL,
OPEN AND ACTIVE ACCOUNT. THE CHECK IS NOT ALTERED, FORGED, STOLEN OR
OBTAINED THROUGH FRAUDULENT OR ILLEGAL MEANS.
I ATTEST THAT (1) THE PAY STUB THAT I SUBMITTED FOR APPROVAL OF MY LOAN IS A
VALID STUB FROM A JOB THAT I CURRENTLY HOLD AND THE STUB HAS NOT BEEN
% ALTERED OR FORGED IN ANY WAY; OR (2) 1 WAS NOT REQUIRED TO SUBMIT A PAY
STUB TO OBTAIN MY LOAN.
I HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY
a NOTE AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND THERETO. I
UNDERSTAND AND AGREE THAT MY EXECUTION OF THIS NOTE SHALL HAVE
THE SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT,
This Loan Is Made Pursuant To The California Finance Lender Law, Division 9
(commencing with Section 22000) of the Financial Code. FOR INFORMATION,
CONTACT THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA,
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LICENSE NO. 603-8780.
ELECTRONIC FUNDS AUTHORIZATION AND DISCLOSURE
I hereby authorize you to initiate electronic funds transfers ("EFTs") for withdrawal of my
scheduled loan payment from my checking account on or about the FIRST day of each month. I
further authorize you to adjust this withdrawal to reflect any additional fees, charges or credits to
my account. I understand that you will notify me 10 days prior to any given transfer if the amount
to be transferred varies by more than $50 from my regular payment amount, I also authorize you
to withdraw funds from my account on additional days throughout the month in the event I am
delinquent on my loan payments. I understand that this authorization and the services undertaken
by you in no way alters or lessens my obligations under the loan agreement. I understand that I
can cancel this authorization at any time (including prior to my first payment due date) by sending
written notification to you. Cancellations must be received at least three business days prior to the
applicable due date, This EFT debit authorization will remain in full force and effect until the earlier
of the following occurs: (i) I satisfy all of my payment obligations under this Loan Agreement or (ii)
T cancel this authorization.
In addition, I hereby authorize you and your agents to initiate a wire transfer credit to my bank
account to disburse the proceeds of this Loan. I acknowledge that the origination of the wire
transfer to my bank account must comply with applicable provisions of U.S. law.
m | LUNDERSTAND CASHCALL'S PAYMENT COLLECTION POLICY AND AUTHORIZE
ELECTRONIC DEBITS FROM MY BANK ACCOUNT,
Click here to print out a copy of this document for your records.
10/21/2011 9:57 AMPage 1 of 4
Loan Transaction History
Loan Id: 1686598 Principal Balance: $5045.82
Borrower's Name: AYAFEMIT WILSON Next Due Dat ‘2007/11/01 Tnterest Rate: 59.0%
1 2007-06-29 | 2007-0629 | Besioning 5075 5075 ‘Loan Orisioation
Balance (Loan
ma
3 2007-08-01 067 ACH Scheduled ACH
ior 007-081 ~
‘NCHVesdorsA
iWork,
SetementID78|
0006
I a : Nee
HAVES | :
aoo7.ae.30 | 2om.o0.0 | ACT Paymen ACH 10 | Scheduled acTT
fo 7007-09.
1 2007-08-30 | 2007-09-01 403 219.3 5065.76 8 Scheduled ACH
for 2007-00-01
3 i ere
9 2007-08-06 “403
neh a
u NSF
8 ‘ACH
He ae gt a a aii
is 2007-09-12 Reverse Put in 249.3, ‘5070.49 09/10/2007 ACH
Susponse (Bresk reversed“ NSF
asa
A ae Wo
2007-09-16 | Late Charge Fee 15 Autom Fee
See 7 ue 7 anes
i |
a
ESS Laver | irl | Ser i i ial
2omr-08-30 | 2007.09.01 | Allocate To AB 2493 5065.76 MoneyGram
‘Monthy express Payment
Rocelvable $60.00
Z if
HT
i l i i 4
i A
fe oni PH en gL Hl ite
ar 2007-09-30 2007-09-30 Allocate To: 1497
Carsimen
178103,
Payment
Refest001706-
09-30.Page 2 of 4
C a
% ‘Scheduled ACH
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ok
5065.76
: ii
2007-10-10 15
29 zoor-iott | 2007-10-01 | —Allocns To 30 | Schedafed ACH
Monthly for 2007-1001,
Receivable ‘G180401)
2007-10-16 Reverse NSF
Paysoent
2s aoo7.ttor | 2007-11401 | Regular Monty
Teceivale
oe oe
ea ae
PAL Re : ELSA ner an ER
35 2007-11-01 2007-10-01 Alloce To a ManeyGram
y nt
Recelvate "asaey
AYAFEMLon
2007-11-01
165207.
Payment
RefS1D3379-
2007-11-01,Page 3 of 4
9 2008-04-01 2008-04-01 | Regular Monthly 756 26AT ‘Charge Off
iveble
ae | t = s oe SAO i
SL 2006-04-30 | 2008-05-01 | Regular Monty} 7.93, 246.1 ‘Au Receivable
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Receivable
ale geal
Regular Monthly ‘Auto Receivable
Receivable ‘Sweep Create
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53 2008-07-04 2008-07-01 Regular Monthly 873 2453 Auto Receivable
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37 2008-07-31 2008-08-01 | Regular Monthly’ 9.16 24437 ‘Auto Receivable
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6 rooe-to.st | 2008-11-01 | Regular Monhly] 1057 a6
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6 2009-01-31 | 2000-02-01 | Regular Monthly] 1221 24182 ‘Auto Receivable
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2009-03-01 lar Monthly | 1281 22 Auto Reesivable
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7 209-0731 | 2009-08-01 [Regier Monihiy| 1629 BTM
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