Preview
MC-012
ATTORNEYOR PARTYWITHOUTATTORNEY: STATE BARNO:117017, 24 9270
NAMEzRobert
FIRMNAMEzNelSOD
Scott
&
Kennard,
Kennard
Jamie A. Forbes
File No. 13—00522—0
WIDE” ”It
STREETADDRESS:50ll Dudley Blvd, Bldg 250 Bay G PO Box 13807 (95853 SAN MATEO COUNTY
Sacramento
CITY: STATE:CA ZIP CODE:95652
TELEPHONEN0.:(916) 92 0-2295 FAXNO.:(916) 920—0682
E-MAIL ADDRESS:
ATTORNEYFORWameli FORD MOTOR CREDIT COMPANY LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREETADDRESS:
MAILINGADDRESS:
CITYANDZIPCODE:
ATTN:
400
CIVIL
County
Redwood City,
DIVISION,
Center
CA
ROOM
94063—1655
A
/ _
Cris—21030
MCAJ
— _
Memorandum of costs after judgment, acknowli
BRANCH NAME:LIMITED CIVIL CASE 1386624
Plaintiff: FORD MOTOR CREDIT COMPANY LLC
Defendant: HERMAN BOWMAN JR, et al.
\ llllll lllllllllllllllllll
_
MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CASE NUMBER:
CREDIT, AND DECLARATION OF ACCRUED INTEREST
CLJ 5 2l 65 9
1. Postjudgment costs
a. |claimjthe following costs afterjudgment Incurred within the last two years (indicate if there are multiple items in
any category):
Dates Incurred Amount
1) Preparing and issuing abstract ofjudgment
0
Recording and indexing abstract ofjudgment
$696969
0
3) Filing notice ofjudgment lien on personal property
Issuing writ of execution, to extent not satisfied
0.00
by Code Civ. Proc., 0
§ 685.050 (specify county):
Levying officers fees, to extent not satisfied by Code Civ. Proc., % 0
§ 685.050 or wage garnishment
Approved fee on application for order for appearance ofjudgment 69 0.00
debtor, or other approved costs under Code Civ. Proc., § 708.110
(7)
etseq.
Attorney fees, if allowed
.
"
fl
5.;
by Code Civ. Proc., § 685.040
(8) Other: (Statute authorizing cost):
(9) Total of claimed costs for current memorandum of costs (add items (1)—(8)) 6969936999
b. All previously allowed postjudgment costs
0. Total of all postjudgment costs (add items a and b)
2. Credits to interest and principal
a. Iacknowledge total payments to date in the amount of: $ 0 . 00 (including returns on levy process and direct payments).
The payments received are applied first to the amount of accrued interest, and then to the judgment principal (including
postjudgment costs allowed) as follows: credit to accrued interest:
$0.00 ; credit to judgment principal $0.00
b. Principal remaining due: The amount ofjudgment principal remaining due is $3 (See Code Civ.Proc.,
493_70 .
§ 680.333.)
3. Accrued interest remaining due: I declare interest accruing (at the legal rate) from the date of entry or renewal and on
balances from the date of any partial satisfactions (or other credits reducing the principal) remaining due in the amount
of$1,440.20.
4. lam the: |:] judgment creditor [3 agent for the judgment creditor
have knowledge of the facts concerning the costs claimed above. To th
[Z] attorney for the judgment creditor.
l
best of my knowledge and belief, the costs claimed are
correct,reasonable, and necessary, and have not been satisfied.
I declare under penalty of perjury under the laws
of the State of California ththe foregoing is true and correct.
Date.. A uqus t 3, 2018
Robert Scott Kennard
Jamie A. Forbes >
(TYPE OR PRINT NAME)
(§\GNATURE OF DECLARANT)
NOTICE TO THE JUDGMENT DEBTOR \
If this memorandum of costs is filed at the same time as an application for a writ of execution,
any statutory costs, not exceeding
$100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this
memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having
been
included in the writ of execution.
(Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed
within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).)
Page1of 2
Form Adopted for Mandatory Use
Judicial Council of California MEMORANDUM OF COSTS AFTER JUDGMENT, Code of Civil Procedure,
§§ 685.040, 685.070. 695.220
MC-012 [Rev. January 1,
2018] ACKNOWLEDGMENT OF CREDIT, AND DECLARATION www.courts.ca.gov
OF ACCRUED INTEREST
WWW" WWWWWWWW
MC-012
Short Title: CASE NUMBER:
I
FORD MOTOR CREDIT COMPANY LLC V. HERMAN BOWMAN JR, et al. CLJ521659
‘
PROOF OF SERVICE
Mail :| Personal Service
1. At the time of service I was at least 18 years of age and not a party to this legal action.
2. My residence or business address is: NELSON & KENNARD
P.O. Box 13807
Sacramento, CA 95853
3 Imailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and
Declaration of Accrued Interest as follows (complete either a or b):
a. Mail. Iam a resident of or employed in the county where the mail occurred.
(1) lenclosed a copy in an envelope AND
(a) C] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
placed the envelope for collection and mailing on the date and at the place shown in items below following our
(b)
ordinary business practices. i am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
Name of person served:*“3R”’”"NBOWMAN JR
(a)
294 IMPERIAL DR APT 6
(b) Address on enveloae: Pacifica, California 94044—1744
(0)
(d)
Date of mailing:
SE?“ ‘ 2018
Place of mailing (city and state): Sacramento,California
b. |:] Personal
(1) Name of
delivery. Ipersonally delivered a copy as follows.
person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
ldeclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
SEPU I. 2018
Date:
\
_
CINDY VANS
(TYPE OR PRINT NAME)
} {EM/t ////t
V ,l
(EIGNA F DECMRANT)
/l
MGMZIRev-Januamamsi MEMORANDUM OF COSTS AFTER JUDGMENT, Pagem
ACKNOWLEDGMENT OF CREDIT, AND DECLARATION
OF ACCRUED INTEREST
Related Content
in San Mateo County
Ruling
WELLS FARGO BANK, NA VS AMEER M EFRAN
Jul 29, 2024 |
23PSCV02035
Case Number:
23PSCV02035
Hearing Date:
July 29, 2024
Dept:
G
Plaintiff Wells Fargo Bank, N.A.s Application for Default Judgment
Respondent: NO OPPOSITION
TENTATIVE RULING
Plaintiff Wells Fargo Bank, N.A.s Application for Default Judgment is CONTINUED to a date to be determined in Department G (Pomona). Plaintiff Wells Fargo Bank, N.A. is also ordered to file an updated proof of service that reflects proper service on Defendant Ameer M. Erfan.
BACKGROUND
This is a collections action arising from a credit card agreement. Defendant Ameer M. Erfan opened a credit card account with Plaintiff Wells Fargo Bank, N.A. (Wells Fargo). Subsequently within the last four years, Erfan allegedly had an unpaid balance of $30,080.84 and breached the credit card agreement.
On July 7, 2023, Wells Fargo filed a complaint against Erfan, alleging the following causes of action: (1) breach of agreement, (2) account stated, (3) open book, (4) money lent, and (5) indebtedness.
On April 15, 2024, the Court entered default against Erfan. On June 26, 2024, Wells Fargo submitted the present application for default judgment.
An OSC Re: Default Judgment is set for July 29, 2024.
LEGAL STANDARD
Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear. A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court 3.1800.)
ANALYSIS
Wells Fargo seeks default judgment against Erfan in the total amount of $30,585,84, including $30,075.84 in damages and $510.00 in costs. However, the Court notes Wells Fargos proof of service of summons and the complaint on Erfan is defective. While the proof of service filed October 23, 2023, states Wells Fargos process server served Ameer M Efran with substitute service in Diamond Bar, the court notes that the defendants actual name is Ameer M. Erfan as alleged in the Complaint and stated in the summons. The Court also notes Wells Fargo seeks default judgment against Erfan, not Efran.
Because it is unclear if Wells Fargo served the correct defendant, the court will grant a continuance for Wells Fargo to provide an updated proof of service that establishes service was properly effected on the defendant in this action.
CONCLUSION
Based on the foregoing, Wells Fargos application for default judgment is
CONTINUED to a date to be determined in Department G (Pomona).
Wells Fargo is also ordered to file an updated proof of service that reflects proper service on Erfan.
Ruling
BANK OF AMERICA vs DAVIS, MATHEW WILLIAM
Jul 25, 2024 |
CV-18-002624
CV-18-002624 – BANK OF AMERICA vs DAVIS, MATHEW WILLIAM – Plaintiff’s Motion for Entry of Judgment Pursuant to Stipulation of the Parties – GRANTED, and unopposed.
After review of the moving papers and evidence and in view of the lack of opposition, and in view of the Court’s previous order on 3-3-23 setting aside the dismissal and approving entry of judgment herein, the Court finds that judgment shall be entered in Plaintiff’s favor and against Defendant for the net amount of $6,467.26, calculated as follows:
Principal amount $10,761.11; Previously incurred court costs as reflected in the parties’ stipulation $442; Filing fee for the instant motion $60; E-filing fee $4.15; Order fee $20, less credit for payments made in the amount of $4,820.
The Court will sign the proposed order and judgment submitted by Plaintiff.
THE COURT’S PHONE SYSTEM IS DOWN. If you desire a hearing, you must email your request to the court before 4:00 p.m. today. In addition, your email must list the email addresses of all counsel who will appear at the hearing. Upon receipt, the court will schedule a Zoom hearing.
Ruling
Portfolio Recovery Associates, LLC vs. Combest
Jul 26, 2024 |
23CVG-01320
PORTFOLIO RECOVERY ASSOCIATES, LLC VS. COMBEST
Case Number: 23CVG-01320
Tentative Ruling on Motion for Judgment on the Pleadings: The present motion is unopposed.
This collection case was filed on December 18, 2023. Plaintiff is a debt buyer and sole assignee
of an agreement entered into by Defendant on a credit card account with Plaintiff’s predecessor
Synchrony Bank. The Complaint alleged causes of action for Account Stated and Open Book
Account, with a prayer for $2,523.69 against Defendant Jennifer Combest. Defendant filed her
Answer on January 26, 2024. On April 11, 2024, Plaintiff filed a motion to deem matters admitted.
Defendant did not oppose the motion to deem matters admitted, and the Court granted the motion
on May 13, 2024.
Meet and Confer: “The moving party shall file and serve with the motion for judgment on the
pleadings a declaration stating” the attempts made to meet and confer. CCP § 439(a)(3). The
Declaration of Gregory Parks provides sufficient evidence of Plaintiff’s meet and confer efforts.
Request for Judicial Notice: The Court GRANTS Plaintiff’s request for judicial notice of the
Court’s May 13, 2024 Order that Matters in Request for Admission be Admitted, pursuant to Evid.
Code § 452(d) and 453.
Merits of Motion: CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the
pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does
not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall
appear on the face of the challenged pleading or from any other matter of which the court may take
judicial notice. CCP § 438(d). The Court may take judicial notice of responses to discovery
records pursuant to Evidence Code §§ 452(d) and 453. Arce v. Kaiser Foundation Health Plan,
Inc. (2010) 181 Cal.App.4th 471, 485.
The essential elements of an account stated are: (1) previous transactions between the parties
establishing the relationship of debtor and creditor; (2) an agreement between the parties, express
or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express
or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal. App. 5th 467, 491. “A ‘book
account’ is ‘a detailed statement which constitutes the principal record of one or more transactions
between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the
debits and credits in connection therewith ....’ ” [Citations.] The creditor must keep these records
in the regular course of its business and “in a reasonably permanent form,” such as a book or card
file. (Code Civ. Proc., § 337a.) “A book account is ‘open’ where a balance remains due on the
account.” [Citation.] Pro. Collection Consultants v. Lujan (2018) 23 Cal. App. 5th 685, 690–91.
This Court’s Order, entered May 13, 2024, deemed admitted Plaintiff’s requested admissions 1-9.
The admissions establish that: 1) Defendant had a credit account ending in 8363, 2) the credit
account was issued by Synchrony Bank, 3) Defendant received periodic statements regarding the
account, 4) as of December 18, 2023, the balance owed on the account was $2,523.69, 5)
Defendant has not made any payments on the account since December 18, 2023, 6) Defendant
submitted a payment toward the outstanding debt on the account within 4 years immediately prior
to December 18, 2023, 7) Plaintiff was assigned the debt, 8) Plaintiff is the current owner of the
debt, and 9) Defendant received through the US mail a pre-legal notification from Plaintiff
regarding the account.
Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion
for Judgment on the pleadings is GRANTED. The admissions establish that a principal sum of
$2,523.69 is due and owing. That sum is awarded. Plaintiffs have also submitted a memorandum
of costs for $369.50, comprising the filing and service of this motion. The amount appears
reasonable and is awarded. A proposed order and judgment have been lodged with the Court and
will be executed.
Ruling
200700285814CLCL Wescom Credit Union vs. Mateo V Gutierrez
Jul 25, 2024 |
Ronda J. McKaig
|
Claim of Exemption - Wage Garnishment as to Leticia Aguilar |
200700285814CLCL
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
200700285814CLCL: Wescom Credit Union vs. Mateo V Gutierrez
07/25/2024 in Department 41
Claim of Exemption - Wage Garnishment as to Leticia Aguilar
Motion: Claim of Exemption (Wage Garnishment) by Defendant Leticia Aguilar (“Defendant”)
(Opposed).
Tentative Ruling: The hearing on Defendant’s claim of exemption will be CONTINUED to
August 16, 2024 at 8:20 AM. Defendant is ordered to file and serve documentation to support the
monthly income, claimed assets, and monthly expenses included in her financial statement by no
later than August 12, 2024.
Background: This is a collections action by Plaintiff Wescom Credit Union (“Plaintiff”) against
Defendant Leticia Aguilar and Defendant Mateo Gutierrez. Judgment was entered against
Defendants and in favor of Plaintiff. According to the most recent memorandum of costs after
judgment, Defendants owe over $55,000 in principal and accrued interest.
The judgment creditor is United Capital Recovery, LLC (“Judgment Creditor”).
Defendant Leticia Aguilar contends that all funds in the account described are exempt as
necessary for the support of the judgment debtor or her family. Defendant is unwilling to have
any funds withheld each pay period.
The financial statement discloses the following:
• Three minor children with no income.
• No spouse.
• Defendant’s gross monthly pay is $2,220. After withholdings for taxes, the take-home
pay is $$1,843.92.
• Defendant has $0.85 in a Chase bank account. No other assets.
• Defendant pays $2,300 per month for rent or house payments and maintenance.
• Defendant pays $500 per month for food.
• Defendant pays $250 per month for utilities/phone.
• Defendant pays $188 per month for insurance.
• Defendant pays $100 per month for school, child care.
• Defendant pays $50 per month for laundry/cleaning.
• Defendant owes a monthly car payment of $528.
Judgment Creditor opposes and questions the validity of the claimed monthly expenses of $250
for utility and telephone, $500 for food and household supplies, $2,300 for house payment and
maintenance, $100 for transportation and auto expenses, $188 for insurance, $50 for laundry and
cleaning, and $528 in installment payments. Judgment Creditor’s points out that its judgment
200700285814CLCL: Wescom Credit Union vs. Mateo V Gutierrez
takes precedence over the installment payments. Plaintiff requests 25% allowable by law per pay
period for payment on account on this debt.
Discussion: The Court does have some concerns about Defendant’s claimed expenses. Given the
stated income and the amount of expenses, Defendant must have another source of income or be
accruing debt that is not disclosed. Additionally, Defendant declares to have no
assets—including no car—but also purports to pay $528 per month for a car payment.
The Court continues the hearing to August 16, 2024 at 8:20 AM and orders Defendant to submit
documentation to support her monthly income, claimed assets (or lack thereof), and monthly
expenses by no later than August 12, 2024.
Ruling
CITIBANK, N.A. vs CERVANTES
Jul 28, 2024 |
Frank Anthony Moschetti |
CVCO2300845
MOTION TO BE RELIEVED AS COUNSEL
CVCO2300845 CITIBANK VS CERVANTES
FOR ROMAN G CERVANTES
Tentative Ruling: No tentative ruling will be issued.
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 24, 2024 |
23CVG-00362
CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO
Case Number: 23CVG-00362
Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves
for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the
amount of $1,572.75 for each motion.
Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and
set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before
the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service
by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by
counting backwards from the hearing date but excluding the hearing date. CCP § 12c.
Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday
of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no
later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served
on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is
denied.
Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted.
Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract
Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be
imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification
has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or
issue sanctions. Without additional evidence, terminating sanctions would be premature.
The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the
denial.
Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this
matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is
necessary on today’s calendar to discuss available trial dates.
Ruling
Portfolio Recovery Associates, LLC vs. Combest
Jul 25, 2024 |
23CVG-01320
PORTFOLIO RECOVERY ASSOCIATES, LLC VS. COMBEST
Case Number: 23CVG-01320
Tentative Ruling on Motion for Judgment on the Pleadings: The present motion is unopposed.
This collection case was filed on December 18, 2023. Plaintiff is a debt buyer and sole assignee
of an agreement entered into by Defendant on a credit card account with Plaintiff’s predecessor
Synchrony Bank. The Complaint alleged causes of action for Account Stated and Open Book
Account, with a prayer for $2,523.69 against Defendant Jennifer Combest. Defendant filed her
Answer on January 26, 2024. On April 11, 2024, Plaintiff filed a motion to deem matters admitted.
Defendant did not oppose the motion to deem matters admitted, and the Court granted the motion
on May 13, 2024.
Meet and Confer: “The moving party shall file and serve with the motion for judgment on the
pleadings a declaration stating” the attempts made to meet and confer. CCP § 439(a)(3). The
Declaration of Gregory Parks provides sufficient evidence of Plaintiff’s meet and confer efforts.
Request for Judicial Notice: The Court GRANTS Plaintiff’s request for judicial notice of the
Court’s May 13, 2024 Order that Matters in Request for Admission be Admitted, pursuant to Evid.
Code § 452(d) and 453.
Merits of Motion: CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the
pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does
not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall
appear on the face of the challenged pleading or from any other matter of which the court may take
judicial notice. CCP § 438(d). The Court may take judicial notice of responses to discovery
records pursuant to Evidence Code §§ 452(d) and 453. Arce v. Kaiser Foundation Health Plan,
Inc. (2010) 181 Cal.App.4th 471, 485.
The essential elements of an account stated are: (1) previous transactions between the parties
establishing the relationship of debtor and creditor; (2) an agreement between the parties, express
or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express
or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal. App. 5th 467, 491. “A ‘book
account’ is ‘a detailed statement which constitutes the principal record of one or more transactions
between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the
debits and credits in connection therewith ....’ ” [Citations.] The creditor must keep these records
in the regular course of its business and “in a reasonably permanent form,” such as a book or card
file. (Code Civ. Proc., § 337a.) “A book account is ‘open’ where a balance remains due on the
account.” [Citation.] Pro. Collection Consultants v. Lujan (2018) 23 Cal. App. 5th 685, 690–91.
This Court’s Order, entered May 13, 2024, deemed admitted Plaintiff’s requested admissions 1-9.
The admissions establish that: 1) Defendant had a credit account ending in 8363, 2) the credit
account was issued by Synchrony Bank, 3) Defendant received periodic statements regarding the
account, 4) as of December 18, 2023, the balance owed on the account was $2,523.69, 5)
Defendant has not made any payments on the account since December 18, 2023, 6) Defendant
submitted a payment toward the outstanding debt on the account within 4 years immediately prior
to December 18, 2023, 7) Plaintiff was assigned the debt, 8) Plaintiff is the current owner of the
debt, and 9) Defendant received through the US mail a pre-legal notification from Plaintiff
regarding the account.
Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion
for Judgment on the pleadings is GRANTED. The admissions establish that a principal sum of
$2,523.69 is due and owing. That sum is awarded. Plaintiffs have also submitted a memorandum
of costs for $369.50, comprising the filing and service of this motion. The amount appears
reasonable and is awarded. A proposed order and judgment have been lodged with the Court and
will be executed.
Ruling
Sierra Central Credit Union vs. Goodwin
Jul 26, 2024 |
23CVG-00253
SIERRA CENTRAL CREDIT UNION VS. GOODWIN
Case Number: 23CVG-00253
This matter is on calendar for review regarding status of bankruptcy. Plaintiff filed a Case Management Statement
informing the Court that the stay is still in effect. The matter is continued to Tuesday, January 23, 2025 at 9:00
a.m. in Department 63 for status of bankruptcy. No appearance is necessary on today’s calendar.
Preview
MC-012 ATTORNEYOR PARTYWITHOUTATTORNEY: STATE BARNO:117017, 24 9270 NAMEzRobert FIRMNAMEzNelSOD Scott & Kennard, Kennard Jamie A. Forbes File No. 13—00522—0 WIDE” ”It STREETADDRESS:50ll Dudley Blvd, Bldg 250 Bay G PO Box 13807 (95853 SAN MATEO COUNTY Sacramento CITY: STATE:CA ZIP CODE:95652 TELEPHONEN0.:(916) 92 0-2295 FAXNO.:(916) 920—0682 E-MAIL ADDRESS: ATTORNEYFORWameli FORD MOTOR CREDIT COMPANY LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREETADDRESS: MAILINGADDRESS: CITYANDZIPCODE: ATTN: 400 CIVIL County Redwood City, DIVISION, Center CA ROOM 94063—1655 A / _ Cris—21030 MCAJ — _ Memorandum of costs after judgment, acknowli BRANCH NAME:LIMITED CIVIL CASE 1386624 Plaintiff: FORD MOTOR CREDIT COMPANY LLC Defendant: HERMAN BOWMAN JR, et al. \ llllll lllllllllllllllllll _ MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CASE NUMBER: CREDIT, AND DECLARATION OF ACCRUED INTEREST CLJ 5 2l 65 9 1. Postjudgment costs a. |claimjthe following costs afterjudgment Incurred within the last two years (indicate if there are multiple items in any category): Dates Incurred Amount 1) Preparing and issuing abstract ofjudgment 0 Recording and indexing abstract ofjudgment $696969 0 3) Filing notice ofjudgment lien on personal property Issuing writ of execution, to extent not satisfied 0.00 by Code Civ. Proc., 0 § 685.050 (specify county): Levying officers fees, to extent not satisfied by Code Civ. Proc., % 0 § 685.050 or wage garnishment Approved fee on application for order for appearance ofjudgment 69 0.00 debtor, or other approved costs under Code Civ. Proc., § 708.110 (7) etseq. Attorney fees, if allowed . " fl 5.; by Code Civ. Proc., § 685.040 (8) Other: (Statute authorizing cost): (9) Total of claimed costs for current memorandum of costs (add items (1)—(8)) 6969936999 b. All previously allowed postjudgment costs 0. Total of all postjudgment costs (add items a and b) 2. Credits to interest and principal a. Iacknowledge total payments to date in the amount of: $ 0 . 00 (including returns on levy process and direct payments). The payments received are applied first to the amount of accrued interest, and then to the judgment principal (including postjudgment costs allowed) as follows: credit to accrued interest: $0.00 ; credit to judgment principal $0.00 b. Principal remaining due: The amount ofjudgment principal remaining due is $3 (See Code Civ.Proc., 493_70 . § 680.333.) 3. Accrued interest remaining due: I declare interest accruing (at the legal rate) from the date of entry or renewal and on balances from the date of any partial satisfactions (or other credits reducing the principal) remaining due in the amount of$1,440.20. 4. lam the: |:] judgment creditor [3 agent for the judgment creditor have knowledge of the facts concerning the costs claimed above. To th [Z] attorney for the judgment creditor. l best of my knowledge and belief, the costs claimed are correct,reasonable, and necessary, and have not been satisfied. I declare under penalty of perjury under the laws of the State of California ththe foregoing is true and correct. Date.. A uqus t 3, 2018 Robert Scott Kennard Jamie A. Forbes > (TYPE OR PRINT NAME) (§\GNATURE OF DECLARANT) NOTICE TO THE JUDGMENT DEBTOR \ If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding $100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been included in the writ of execution. (Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).) Page1of 2 Form Adopted for Mandatory Use Judicial Council of California MEMORANDUM OF COSTS AFTER JUDGMENT, Code of Civil Procedure, §§ 685.040, 685.070. 695.220 MC-012 [Rev. January 1, 2018] ACKNOWLEDGMENT OF CREDIT, AND DECLARATION www.courts.ca.gov OF ACCRUED INTEREST WWW" WWWWWWWW MC-012 Short Title: CASE NUMBER: I FORD MOTOR CREDIT COMPANY LLC V. HERMAN BOWMAN JR, et al. CLJ521659 ‘ PROOF OF SERVICE Mail :| Personal Service 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My residence or business address is: NELSON & KENNARD P.O. Box 13807 Sacramento, CA 95853 3 Imailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest as follows (complete either a or b): a. Mail. Iam a resident of or employed in the county where the mail occurred. (1) lenclosed a copy in an envelope AND (a) C] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. placed the envelope for collection and mailing on the date and at the place shown in items below following our (b) ordinary business practices. i am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: Name of person served:*“3R”’”"NBOWMAN JR (a) 294 IMPERIAL DR APT 6 (b) Address on enveloae: Pacifica, California 94044—1744 (0) (d) Date of mailing: SE?“ ‘ 2018 Place of mailing (city and state): Sacramento,California b. |:] Personal (1) Name of delivery. Ipersonally delivered a copy as follows. person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: ldeclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SEPU I. 2018 Date: \ _ CINDY VANS (TYPE OR PRINT NAME) } {EM/t ////t V ,l (EIGNA F DECMRANT) /l MGMZIRev-Januamamsi MEMORANDUM OF COSTS AFTER JUDGMENT, Pagem ACKNOWLEDGMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST