On March 10, 2022 a
Rqst for Entry of Dflt and Rqst for Clerk's/Court Jmt Filed
was filed
involving a dispute between
Brisco, Rachelle,
Lvnv Funding Llc,
and
Brisco, Rachelle,
Does 1 To 5,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
DocuSign Envelope DOADQB1B-7OF5-48FA1 1-07841A8A2568
ID:
\r
CW-1 05
m-roRNEY 0R PARTY wrrHouT Awoansv; STATE BAR no; chw’" ”SE m”
FLINT c ZIDE, SBN 160369 / SARKIS s. KARAYAN, saN 316926
E:
WIEAW OFFICE 0F HARRIS & ZIDE
FIRM
uUpER F d U
fl
STREET ADDRESS: 1445 HUNTINGTON DRIVE, SUITE 300 COUN’?5(C0UETE D
CITY: SOUTH PASADENA smre: CA ZIP CODE: 91030 SAN BERf: SAN BERCIG‘L’FORNM
TELEPHONE no; 626-799-8444 Fax m: 625-799-8419 ARD/N
I815???
T
EMLADDRm. JUL r
I 4 2DZ
“HORNEYFOR Wm“): .
PLAINTIFF
SUPERDR COURT OF CALIFORNIA. COUNTY OF SAN BERNARDINO BY W '
WEETADDRE533 247 WEST THIRD STREET “>4"
1 _
MAUNG ADDRESS: JESSIC
J 0AM;
ammo mucous; SAN BERNARDINO, CA 92415-0210 DEPUR
BRANCH WE SAN BERNARDINO JUSTICE CENTER
PIaintiff/Petitioner: LVNV Funding LLC
Defendanthaspondent: Rachelle Brisco
CASE NUMBER:
REQUEST FOR (Application) Entry of Default Judgment c1v332205602
For use only in actions under the Falr Debt Buying Pracflcas Act (Clv. Code. § 1788.50 at seq.)
1. On the complaint or cross-complaint filed
a. on (date): March 10, 2022
c. Enter default of defendant (names): Rachelle Brisco
d. I request a Judgment under Clvll Code section 1788.60 and Code of CM} Procedure sectlon 585 agalnst defendant
(names)! Rachelle Brisco
(Testimony may be required. Check m’th the clerk regarding whethera beefing date is needed.)
e. E Default
Judgment to be entered.
was previously entered on (date):
Amount Credits acknowiedged Balance
a. Domand of complaint‘ $ 52709-71 $ $.00 $ $2,709.71
b. Interest $ $.00 $ $.00 $ $.00
c. Costs (see page 3) $ $315.00 $ $ $315.00
d. Attorney fees $ $ $
e. TOTALS s $3,024.71 $ $.00 $ $3,024.71
(* Must be estabfished by business records, authenticated through a sworn decimation. submitted with this application. (Civ.
Code, §§ 1788.58(a)(4), 1788.60{a).))
This action is not barred by the appficable statute of imitations (Civ. Code. § 1788.56).
Requlrements for the complaint
a. The compiaint alleges ALL of the following (Civ. Code, §§ 1788.58. 1788.60):
(1) That the plaintiff is a debt buyer;
(2) A shod, plain statement regarding the nature of the underlying debt and the consumer transaction from which It Is
derived:
(3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of alt owners of the debt;
(4} The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge—off
intersst and fees, if any, imposed by the charge—off creditor or any subsequent purchasers of the debt;
(5) The date of the default OR the date of the last payment;
(6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify
the charge-off creditor. and the charge-off creditors account number associated with the debt;
Page 1 of 3
Code Procedure,§ 585;
Fon‘n Adopted $0!
Judlclai Goundl
Mandabry Use
d Caflma
REQUEST FOR ENTRY OF DEFAULT of Civil
CM Gade, § 1783.60
CN-105 (Rm. Janmry 1. 2020] (Fair Debt Buying Practices Act) mmmxaaov
TA064235
DocuSign Envelope ID: DOAD981B-70F5-48FA-8CF3-D7841A8A2568
CIV-‘l 05
Plainlifi/Petitioner: LVNV Funding LLC mse Muuaaa:
CIVSBZZOSGOZ
Defendant/Raspondent; Rachelle Brisco
4. a. (7) The name and iast known address of the debtor as they appeared in the charge—off creditor‘s records prior to the sale of
the dam;
(8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt
buyer. in sufficient form so as to reasonably identify each such purchaser; and
(9} That the piainfiff has complied with Civil Code section 1788.52.
b. A copy of the contract or other documem described in Civil Code section 17885203) is attached lo the complaint.
5. Documentatlon requlremenhs for default Judgment. ALL of the following documents are submitted with this request for default
judgmeni (Civ. Code. § 1788.60(a)—(c)):
a. A copy of the contract or other document evidencing ihe debtor‘s agreement to the debt, authenticated through a swom
declaration. See Civll Code section 1788.52(b) regarding documentatlon, including for revolving credit accounts.
b. Business records. authenticated through a sworn declaration. to establish:
(1) That the plaintiff ls EITHER the sole owner of the debt OR has the authority to assert the rights of ail owners of the debt;
(2) The debt balance at charga-off, and an explanafion of the amount and nature of, and reason for, ail post-charge—off
interest and fees. if any, imposed by the charge-off creditor or any subsequent purchasers of the debt:
(3) The date of the default OR the date of the East payment;
(4} The name and address of the chargeuoff creditor at the time of charge-off in sufl'lciant form so as to reasonably identify
the charge-off creditor, and the charge-off creditor’s account number associated with the debt;
(5) The name and last known address of the debtor as they appeared in the charge—off creditor's records prior to fl'le sale of
the debt; and
(6} The names and addresses of all persons or entities that purchased the debt afier charge—off, including the plaintiff debt
buyer, in sufficient form so as to reasonabfy identify each such purchaser.
Dmsmned bv=
Date: 6/28/2022
SARKIs s. KARAYAN Sums S. WMM
} ‘51WW3F-Pwum
mp: on PRINT NAME) 0R ATTORNEY FOR PLAINTIFF)
, .. fl A
FOR COURT (1) Default entered as requested on (date): JUL 1 4 2022
USE ONLY (2) Default NOT entered as requesied (state reason):
Clerk, by
Legal document assisiant or unlawful detainer assistant (Bus, & Prof. Code, § 64 document assistant or
6.
unlawfui detainer assistant
received
E
any heip or advice for pay from a
did
Eegal
did not (or
document assistant or unlawful detainer
seq.).
compensation give advice or assistance with
assistant. state:
a!
this form. if dedarant has
a. Assistant's name: c- Telephone no.2
b. Street address. city, and zip code: d. County of registration:
e. Reglstratlon no.:
f. Expires on (date):
7. m Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Prim, § 585(6)). This action
E
a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 9t seq. (Unruh Act).
E
b. is is not on a conditional sales contract subject to Civ. Code. § 2981 et seq. (Rees—Levering Motor Vehicle Sales
and Finance Act).
m E
c. is is not on an obligation for goods, services, loans, or extensions of cred'rl subject to Code Civ. Prom, § 395(b).
5"“05 lRW-JWW 1-2020] REQUEST FOR ENTRY 0F DEFAULT Pm” 3
(Falr Debt Buylng Practices Act)
Document Filed Date
July 14, 2022
Case Filing Date
March 10, 2022
Category
Rule 3.740 Collections $10,000 or Less Limited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
DocuSign Envelope DOADQB1B-7OF5-48FA1 1-07841A8A2568 ID: \r CW-1 05 m-roRNEY 0R PARTY wrrHouT Awoansv; STATE BAR no; chw’" ”SE m” FLINT c ZIDE, SBN 160369 / SARKIS s. KARAYAN, saN 316926 E: WIEAW OFFICE 0F HARRIS & ZIDE FIRM uUpER F d U fl STREET ADDRESS: 1445 HUNTINGTON DRIVE, SUITE 300 COUN’?5(C0UETE D CITY: SOUTH PASADENA smre: CA ZIP CODE: 91030 SAN BERf: SAN BERCIG‘L’FORNM TELEPHONE no; 626-799-8444 Fax m: 625-799-8419 ARD/N I815??? T EMLADDRm. JUL r I 4 2DZ “HORNEYFOR Wm“): . PLAINTIFF SUPERDR COURT OF CALIFORNIA. COUNTY OF SAN BERNARDINO BY W ' WEETADDRE533 247 WEST THIRD STREET “>4" 1 _ MAUNG ADDRESS: JESSIC J 0AM; ammo mucous; SAN BERNARDINO, CA 92415-0210 DEPUR BRANCH WE SAN BERNARDINO JUSTICE CENTER PIaintiff/Petitioner: LVNV Funding LLC Defendanthaspondent: Rachelle Brisco CASE NUMBER: REQUEST FOR (Application) Entry of Default Judgment c1v332205602 For use only in actions under the Falr Debt Buying Pracflcas Act (Clv. Code. § 1788.50 at seq.) 1. On the complaint or cross-complaint filed a. on (date): March 10, 2022 c. Enter default of defendant (names): Rachelle Brisco d. I request a Judgment under Clvll Code section 1788.60 and Code of CM} Procedure sectlon 585 agalnst defendant (names)! Rachelle Brisco (Testimony may be required. Check m’th the clerk regarding whethera beefing date is needed.) e. E Default Judgment to be entered. was previously entered on (date): Amount Credits acknowiedged Balance a. Domand of complaint‘ $ 52709-71 $ $.00 $ $2,709.71 b. Interest $ $.00 $ $.00 $ $.00 c. Costs (see page 3) $ $315.00 $ $ $315.00 d. Attorney fees $ $ $ e. TOTALS s $3,024.71 $ $.00 $ $3,024.71 (* Must be estabfished by business records, authenticated through a sworn decimation. submitted with this application. (Civ. Code, §§ 1788.58(a)(4), 1788.60{a).)) This action is not barred by the appficable statute of imitations (Civ. Code. § 1788.56). Requlrements for the complaint a. The compiaint alleges ALL of the following (Civ. Code, §§ 1788.58. 1788.60): (1) That the plaintiff is a debt buyer; (2) A shod, plain statement regarding the nature of the underlying debt and the consumer transaction from which It Is derived: (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of alt owners of the debt; (4} The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge—off intersst and fees, if any, imposed by the charge—off creditor or any subsequent purchasers of the debt; (5) The date of the default OR the date of the last payment; (6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor. and the charge-off creditors account number associated with the debt; Page 1 of 3 Code Procedure,§ 585; Fon‘n Adopted $0! Judlclai Goundl Mandabry Use d Caflma REQUEST FOR ENTRY OF DEFAULT of Civil CM Gade, § 1783.60 CN-105 (Rm. Janmry 1. 2020] (Fair Debt Buying Practices Act) mmmxaaov TA064235 DocuSign Envelope ID: DOAD981B-70F5-48FA-8CF3-D7841A8A2568 CIV-‘l 05 Plainlifi/Petitioner: LVNV Funding LLC mse Muuaaa: CIVSBZZOSGOZ Defendant/Raspondent; Rachelle Brisco 4. a. (7) The name and iast known address of the debtor as they appeared in the charge—off creditor‘s records prior to the sale of the dam; (8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer. in sufficient form so as to reasonably identify each such purchaser; and (9} That the piainfiff has complied with Civil Code section 1788.52. b. A copy of the contract or other documem described in Civil Code section 17885203) is attached lo the complaint. 5. Documentatlon requlremenhs for default Judgment. ALL of the following documents are submitted with this request for default judgmeni (Civ. Code. § 1788.60(a)—(c)): a. A copy of the contract or other document evidencing ihe debtor‘s agreement to the debt, authenticated through a swom declaration. See Civll Code section 1788.52(b) regarding documentatlon, including for revolving credit accounts. b. Business records. authenticated through a sworn declaration. to establish: (1) That the plaintiff ls EITHER the sole owner of the debt OR has the authority to assert the rights of ail owners of the debt; (2) The debt balance at charga-off, and an explanafion of the amount and nature of, and reason for, ail post-charge—off interest and fees. if any, imposed by the charge-off creditor or any subsequent purchasers of the debt: (3) The date of the default OR the date of the East payment; (4} The name and address of the chargeuoff creditor at the time of charge-off in sufl'lciant form so as to reasonably identify the charge-off creditor, and the charge-off creditor’s account number associated with the debt; (5) The name and last known address of the debtor as they appeared in the charge—off creditor's records prior to fl'le sale of the debt; and (6} The names and addresses of all persons or entities that purchased the debt afier charge—off, including the plaintiff debt buyer, in sufficient form so as to reasonabfy identify each such purchaser. Dmsmned bv= Date: 6/28/2022 SARKIs s. KARAYAN Sums S. WMM } ‘51WW3F-Pwum mp: on PRINT NAME) 0R ATTORNEY FOR PLAINTIFF) , .. fl A FOR COURT (1) Default entered as requested on (date): JUL 1 4 2022 USE ONLY (2) Default NOT entered as requesied (state reason): Clerk, by Legal document assisiant or unlawful detainer assistant (Bus, & Prof. Code, § 64 document assistant or 6. unlawfui detainer assistant received E any heip or advice for pay from a did Eegal did not (or document assistant or unlawful detainer seq.). compensation give advice or assistance with assistant. state: a! this form. if dedarant has a. Assistant's name: c- Telephone no.2 b. Street address. city, and zip code: d. County of registration: e. Reglstratlon no.: f. Expires on (date): 7. m Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Prim, § 585(6)). This action E a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 9t seq. (Unruh Act). E b. is is not on a conditional sales contract subject to Civ. Code. § 2981 et seq. (Rees—Levering Motor Vehicle Sales and Finance Act). m E c. is is not on an obligation for goods, services, loans, or extensions of cred'rl subject to Code Civ. Prom, § 395(b). 5"“05 lRW-JWW 1-2020] REQUEST FOR ENTRY 0F DEFAULT Pm” 3 (Falr Debt Buylng Practices Act)