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Sant MATEO" ED
Brian N. Winn (State Bar No. 86779)
Laura M. Hoalst (State Bar No. 101082) NOE “1 €208=—
John E. Gordon (State Bar No. 180053)
Stephen S. Zeller (State Bar No. 265664) kof ine Court
Jason M. Burrows (State Bar No. 309882) 1Sy.£4) A AN
Amit Taneja (State Bar No. 304559) (uct
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Grace Gail Cara (State Bar No. 315558) Do CLJ~ 01893
Winn Law Group, A Professional Corporation
Bean Re Original Documents and/or Lost
110 E Wilshire Ave Ste 212, Fullerton CA 92832
ME ll
Telephone: (714) 446-6686, Fax No.: (714) 446-6680 1
File No: 18-00392-0-BP4-CM-20636582 (1910-00)
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
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11 SAN MATEO COUNTY, REDWOOD CITY DISTRICT
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CAVALRY SPV I, LLC, as assignee of
13 SYNCHRONY BANK FKA GE CAPITAL
14 RETAIL BANK,
Case No. 18CLJO1893
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Plaintiff,
16 DECLARATION RE ORIGINAL
DOCUMENTS AND/OR LOST
VS,
17 INSTRUMENT AND ORDER
18 MELEANA TUULAKITAN, et al,
19 Defendan(s)
20
21
22 patna Ruther rth declare
23 1 Tam an employee of Cavalry Portfolio Services, LLC (hereinafter, "CPS"), which
24 performs collection services for CAVALRY SPV I, LLC (hereinafter "Plainti and am a
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qualified witness. ] am a competent person over eighteen years of age, and make the lements
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herein based upon personal knowledge of those account records maintained on Plaintiff's behalf.
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Page 6
DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT (CIVIL CODE §
1788.60(a)) 1788 -dec fa
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1 Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned
all the rights, title and interest to Defendant's SYNCHRONY BANK FKA GE CAPITAL
RETAIL BANK account XXXXXXXXXXXX9003 (hereinafter, the "Account"). I have access
to and have reviewed the records pertaining to the Account and am authorized to make this
declaration on Plaintiff's behalf.
2 As part of my job, I am familiar with plaintiff's records pertaining to the account
at issue. The Defendant opened a credit card account and became indebted to the Creditor,
SYNCHRONY BANK FKA GE CAPITAL RETAIL BANK, The original documents and/or
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instrument are not available or have/has been Jost in the usual course of business by
I
12 electronically storing and destroying the original without any intent to defraud.
13 3 Upon information and belief, the copies attached hereto are copies of the original
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documents executed by Defendant and delivered to the Creditor, and /or created by the Creditor
1s
and delivered to Defendant,
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17 WHEREFORE, Plaintiff requests the Court grant an Order allowing the copies of
18 the originals to be filed instead of the originals.
i9 I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct.
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Executed thisZ. | day fail 2018, at Valhalla, NY.
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24 seme GN
\a
25
26 By:
27 isel
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Title:Leap Me
Page 7
DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT (CIVIL CODE §
1788.60(a)) 1788 dec ta
ORDER
Having read the foregoing declaration and considered same, and good cause
appearing therefore,
IT IS ORDERED that the copies in this matter be filed in lieu of the original
documents.
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1
hn |; ———
Judge of the Superior Court
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13 NOV 16 2018
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DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT (CIVIL CODE §
1788.60(a)) 1788 dec ta
EXHIBIT A
synchrony BANK
BILL of SALE
- —d 7
For value received and in further consideration of the mutual covenants and
conditions set forth in the Forward Flow Accounts Purchase (the
dated! as of this 26th day of May, 2017 by and between Synchrony Bank
feats orn ne GE Copledt Reieh Booker RFS Holding LLC. and Retail Finance Credit
Services, LLC., (“Seller”) and Cavalry SPV I, LLC (“Buyer”), Seller hereby transfers,
sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse
except as set forth in the to the extent of its ownership, the Accounts as set
forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer
on June 22, 2017, and as further described in the Agreement.
Synchrony Bank
By.k Mn
Ken Wojcik
Title: SVP Collections
& Recovery
RFS Holding LLC
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Ken Wojcik
Title: Attorney In Fact
Retail Finance Credit Services, LLC
z
By:
Ken Wojcik
Title: Attorney
In Fact
“~
AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of Minnesota County of Ramsey
Shannon Wiltgen being duly sworn, deposes and says:
1 am over 18 and not 2 party of this action. I am an Affidavit Documentation Specialist of
Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to
creditor’s books and records, and am aware of the process of the sale and assignment of
electronically stored business records,
On or about 6/22/2017 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool
of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to
Cavalry SPV I LLC. As part of the sale of the Accounts, electronic records and other records
were transferred on individual Accountsto the debt buyer. These records
were kept in the
ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank.
—re SAD
The Creditor has a process to detect and correct errors on these accounts. The above statements
are truc to the best of my knowledge.
Signed and swom to before me this 18" day of July, 2017
(Notary Stamp)
NANCY ELIZABETH QUEROMOEN
Notary Publi
te of Minnesots
wes 01 rmission Expires
Jonvery 31,2022
NY AOS 1.3 2/1/2017 - St. Paul
BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY NANCY QUENOMOEN
I, Brett Rouleau, an attomey-at-law admitted to practice in the State of Minnesotaand
fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly
qualified to make this certificate of conformity and that the acknowledgement or proof upon the
affidavits of merit were taken by Notary Nancy Quenomoen, a notary public in the State of
Minnesota, in the manner prescribed by the laws of the State of Minnesota and confirms to the
laws thereof in all respects.
IN WITNESS WHEREOF, | have hereunto set my signature, 18" day of July, 2017.
Bf dade
Attorney at Law, State of Minnesota
NotificationFiles 0828 Purchase Date:6/22/2017
EXHIBIT B
SLEEP TnAIN/SYNCHRONY BANK (Caninaider Name: MELEANAP-
‘Account
Stotemnemt Ciating Date: 03022017
‘Summary of Account Activity [Payment information,
Proviows Gelance ‘s30m269 ‘New Balance $3,401.96)
+ New Purchases, $0.00 ‘Hinman Perment This Periog 3198.00
- Payments, 5300.00 J Arount Past Dua '5826,00
‘1 Crodits, Foes & Adjustments
(net) $38.00 Tota! Ninincum Payment Dus $4,021.90)
sh_intorest Gnarge (nat) $31.38, Payment Bue Date osi2bre017|
‘New Balance 53,401.08) PAYMENT OUE GY § P.M EASTERN ON THE QUE DATE,
Crest Limit $4,100.00 We ny convent your pentint
Avalabie Credit 50.00
Days In Billing Period 28
‘Lato Payment Waming: it we do ot receive your Total
Pay online (0% fee at: mysynehron Minimum Payment Que by the Payment Due Date fated above,
For Synchrony Bank customer service or fo raport your: may have to pay ate fee up to $8.00,
‘card fest or stofen, call ‘Minimum Payment Waming: Making onty the Tots! inimum
Best times to call are Wednenday » Fitday. Payment Que wid increase the emount of interest you pay and
re time W takes to repay yourbalance, For example:
eefeumaieto TF Yau it py off [And you will end:
tang tease ‘Satie sextoment| total of
‘each month you + in at
‘Only the minimum 7 years cL ‘$4,883.00
if you would counseling services,
‘call 1.877-902.-8797,
Promotional Purchase Summary
Promotions | Promotional
| Deferred Tran Date [Osserption
Expiration Balance
— | intorest Purchase
‘Arpount
osintnats sigs122 sels 987232015} Equal Parmant No inovest 4.00082
A ‘ot your ional
torte abEPEREED MTeREStNO WTERES PADI FULL puta Te png Pte Chg
on these promatinnis)
you must pay the enire jance by the Promationsl Expiration
Tornako more shan one paymen: see Moke Payment To address or pay onine at mpsynehrony. com.
ffransaction Summary
Trndete | Post Date [Reference Number [pescretion [acer'3300,006R
‘earagraorT CARROT BSMEIZTOFKTLTO PAYMENT - THANK YOU
FEES
oansia017 ores0tt AATE FEE 388.00
TOTAL FEES FOR THIS PERIOD $38.00]
INTEREST CHARGED
awn22017 osnz2ot7 INTEREST CHARGE ON PURCHASES sat]
‘TOTAL INTEREST FOR THIS PERIOD $51.98)
‘2017 Totals Year-to-Dato
[Total Face Charged in 2017 $7800)
VTotal frerest Charged'in 2017 305,87;
[fou inerost in 2057
* NOTICE: See mverse side and edtitional pages (if any) for important ifmation conceming your sceDunt.
Fay entow a rpeynetrony como amet 0x covpn wn yous chek Pena eat tae a Hack ol
‘Total Minimum | Past Ove Payment ow "Recount Womber
Bug Date Bahnce,
siertoe season | ouasRO 3340189
address
remot: $I, O10
or e-mail? Peymeat due includes $ 825.00 past éup, Please pay the past iva amount PROMPTLY.
‘Choch ine Bow ati arc
pent changes on back yoo wy py te Tat ern Due my ot py of tn Prmenonal actase by the Expaton One
(MELEANA P TUULAKITALL
Gq BEECH ST Make Payment to: SYNCHRONY BANK
REOWOOD CITY CA 91063-2593 920061
‘ORLANDO, Fi. 32896-0001
Corde. ame: MELEANA
P TUULAKITAU
‘Statement Closing Date: n7
interest Charge Calculation
‘Expiration Date ‘Anawat — | Balenca Subject to Interest Charge
“Type
of Bolence erceniage } interent
Rate (APR)
Purchases 20.80% SSSR Be
Eque! Payment
No interest osoe0te. 1.00% $0.00 $000
Cardholder News & information
Please Note. Enclosed i the Privacy Policy for thi account. Piease teke a moment fo reat it, then koep it with other finanaiel
doouments. If you have previously opled-ou, you donot neod to do £0 again,
ACCOUNT IS PAST CUE, PLEASE PAV THE MINIMUM PAYMENT OUE OR
CONTACT THIS OFFICE AT THE PHONE USTED ON YOUR STATEMENT,
|
EXHIBIT C
’-
SLEEP . uNISYNCHRONY BANK ece Name: YELEANA BEA ALTAL
Statement Gong Dae Oeeeeer?
‘Summary of Account Activity Paymont information
Previews Balance $3,401.80 ‘New Balance $3,476.64
+ Now Purchases ‘Miriam Payment This Period $202.00
- Payments $000 ‘Arvount Past Due 51,021.00
+h Crocite, Fees & Adjustments (nel) $38.00 ‘Total Minimum Payment Due $1,223.00
‘$1_intorest Charge (net) $36.65 Payment Que Oats oare8r2017|
Now Balaheo $3,476.66) PAYMENT DUE GY $ P.M, EASTERN ON THE DUE DATE.
Cre Lett $4,100.00 ‘Wo may convert your payrmert ina an electronic debit, See
| Avettabie Crecit reverse. .
Days in Bitlog Period ”
‘Late Payment Warming: itwe do not rocsive your Tots!
Pay onling for free at: mysynchrony.com Minimum Peyment Due by ‘Payment Due Date liter above,
For Synchrony Bank customoyaervie orto report Your ‘yourmnsg have to pay ate fee upto $38.00,
‘ard lost or stolen, call 1-866. Minimum Payment Warming: Making only te Tots! Minimum
Gost Umes to eat are Wecheaday Friday. Poymest Due wit increase the amount of nterst you pay end
the time i takes to repay your Balance. For example:
yea mate re pe tne oe [And you will end up
Ipoytng an satimated
his cer and] on ts ech total of...
‘each mont you Inabout...
BY.
‘Only he mine 7 yeors ‘$4626.00
pagmer, woh. 2 ne
yeu wet maton bat eB eetg sees,
call 4.877.
Promotional Purchase Summary
Promotional Doterrod ‘Tron Date Descriphon inal
Expiration Balance Interest Charge Purcnase
‘Amount
061012018 3193187 2220 osr23/2016_| Equal Paymenttio Interest $4,000 82
‘Asomnmanyof i
t youhavea GEFERRED NTERESTINO INTEREST IF PAID IN FULL prion To ava paying Defoe nieest Chagos
‘on thate promotion(s), youmust pay the entre applicable Promotionet Balance by the Promotional iraion Date,
‘To mpke more than ona payment see Meke Payment To address or pay onine at mysynehrony. com.
ffransaction Summary
Trandate| PostDate [Reterense Number _[pesereion| “Amount
FEES
ossr2017 cseseo17 LATE FEE $98.00}
‘TOTAL FEES FOR THIS PERIOD. ‘sse.0t
INTEREST CHARGED
ogoze0t7 oemz2ate INTEREST CHARGE ON PURCHASES: $3605]
‘TOTAL INTEREST FOR THis PERIOD $26.65]
2017 Totals Year-to-Date
[Totat Fees Chamedin 2077 378.00]
[Foto!interest Charged in 2017 $13223|
Pola! interest Pad id 2017
NOTICE: See severta side and additonal pages (i any) torimpertantin'ormation
concerning your sccours,
‘Say ene wtryeyctuery-com
or eno Bia seupon wh you cack Pree vc Dw Diath ink
Trott inion Past Die ‘Payment Rew Recount Nomber
Bue Dawe Balance
(_st2200 $1,021.00 oaasr2017 $3,076.64
ewadaress or Payment
meee: § JOO, OO
dus eludes $ 1,021.00 past uo, Pata pay te pust duo amouel PROMPTLY,
pin chengeran tec taney payee Text tamu Oe fay nt pay othe Promotion Partase by be Expt De,
MELEANAP TUULAKITAD
8 ‘Moke Payment lo: SYNCHRONY BANK
REDWOOO CITY CA 940892339, ‘BOK 960061
‘ORLANDO, FL 37896-0951
Cordholde, ne: MELEANAP TUULAKITAU ‘Account Number:
‘Statement Closing Date: 04/02/2017
interest Charge Calculation
Expiration Date ‘Balance Subjectto | interest Charge
“Type of Betance Interest Rete
Rato (APR)
Purchases 8.00% ‘3148874 ‘S368
Equal Payment
No intorest oaro12018 0.00% $0.00
Cardholder News & Information
ACCOUNT 1S PAST OUE. PLEASE PAY THE MINIMUM PAYMENT OUE OR
CONTACT THIS OFFICE.AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
-l