On April 13, 2018 a
Judgment
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Garcia, Paul A,
for Rule 3.740 Collections - Reduced Filing Fee Limited
in the District Court of San Bernardino County.
Preview
1 Hunt Henriques Attorneys at Law
Michael S Hunt Esq 9 804
2 Janalie Henriques Esq 111589 F i L D
151 Bernal Road Suite SUPEF2 3R CpURT pF Cp
RNIA
3 San Jase CA 95119 1306 sArv ERNARQI a lsT f r
Telephone 408 3b2 2270
4 Facsimile 408 362 2299 MAY 7 Qjg
Attoi neys for Pl intiff
1 t ar
M ssA w rz o
7
g SUPERIOR COURT OF CALIFORNIA CQUNTY CIF SAN BERN RDINt3
9 SAN BERNARDINt DISTRTCT CIVIL DIVISION LIMITED CIVIL JURISDICTION
10
11 PORTFOLIO REC4VERY ASSC3CIATES LLC Case No CIVI S3 8090Q5
Plaintiff 1 ECLARATION 4F PLAINTIFF S
l
COUNSEL IN SUPPORT OF REQUEST TO
VACATE DISMISSAL
l v
W w N
N
MEMQRANDUM OF POINTS AND
14 PAUL A GARCIA AUTH4RITIES IN SUPPt RT 4F
z
ooco REQUEST TO ACATE DISMISSAL
1S Defendant s
w PROPt SED t3RDER
zv z a
HW
o
x
a
16
x n z W w
17
Y
F
1 DECLAI2ATIt3N OF PLAINTIFF S COUNSFL
19
2Q I the undersigned declare that
21 Iam a1 by Hunt
attorney employed
Henriques attorney of rec rd for Plaintiff herein I am
2 a duly authorized custodian af the business books and records of plaintifi s counsel
23 On August 24 2018 a dismissal was entereci as ta PAUL A GAIZCIA Defendant has defaulted on
24 the payment arrangeinent under the Conditioi7al Settleinent Agreement Tt e business records of
2 plaintiff s counsel indicate that the last payanent ti as received an December 28 2418 Notice of
26 default was served an defendant on Apri130 2019 giving d fendant 10 d ys right to cure underthe
27 terms of the agreement but no payment has been made
28 WHEREFORE your declar nt prays the court to set aside and vacate the disn issal previously
Page l of 2
Declaration to Vacate Dismissa and Enter i d ment Under Terms af 664 6 Stipulation
DD0001 ET DKA I247146 001
I
II I
1 1 1I IIiI11Ii
ilI11111 1
T
1 entered in this action and allow plaintiff to file the Conditional Settlement Agreement and
2 Declaration Re Default in Payments and obtain judgment against the defendant I declare under
foregaing is Executed in
3 penalty of
perjury that the true and correct on
San Jose California
v
o ie ue Zim er ann SBN 324511
Hu Henriq es
7 t ri eys for P intiff
8
9 MEMORANDUM OF POINTS AND AUTHORITIES
10 Code of Civil Procedure 5 66 6 provides in pertinent part that
ll If parties to pending litigatian stipulate for settle nent of the case
the court upon motion may
enter jud ment pursuant to the terms of the settlement If requested by the parties the court may
12
retain jurisdiction over the parties to eanforce the settlement ui ti performance in full ofthe terms of
the settlement
n
a NN
c Q f 14 Here the parties stipulated for settlement of the case and signed a Conditional Settlement
z
W
ad 15 Agreement asking the court to retain jurisdiction under 664 6 Defendant has defaulted on the
x
zU z
H W
41
x 16 payment arrangement under the Conditional Settlement Agreement The business recards of
x w 17 plaintiff counsel indicate that the last payment was received on December 2 201 Notice af
18 default was served on defendant on A aril 0 2019 giving defendant 10 days right to cure ul der the
19 terzns ofthe agreement but na payment has been made Plaintiffnaw seeks to have this dismissal set
20 aside
21 WHEREFORE it is res ectfi lly requested that the court allow Plaintiff to set aside and
22 vacate disrnissal previously entered as to August 24 2018
23
5
4 1
r x
24 Dated
osse i limrr erma rt SBN 324511
2 I unt Henriqu s
At neys for Plaintiff
27
28
Page 2 of 2
Declaration to Vacate Dismissa and Enter Judgmerit Under Terms of 664 6 Stipulatit n
Dll 001 ET DKA I247146 001
Document Filed Date
May 17, 2019
Case Filing Date
April 13, 2018
Category
Rule 3.740 Collections - Reduced Filing Fee Limited
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Preview
1 Hunt Henriques Attorneys at Law Michael S Hunt Esq 9 804 2 Janalie Henriques Esq 111589 F i L D 151 Bernal Road Suite SUPEF2 3R CpURT pF Cp RNIA 3 San Jase CA 95119 1306 sArv ERNARQI a lsT f r Telephone 408 3b2 2270 4 Facsimile 408 362 2299 MAY 7 Qjg Attoi neys for Pl intiff 1 t ar M ssA w rz o 7 g SUPERIOR COURT OF CALIFORNIA CQUNTY CIF SAN BERN RDINt3 9 SAN BERNARDINt DISTRTCT CIVIL DIVISION LIMITED CIVIL JURISDICTION 10 11 PORTFOLIO REC4VERY ASSC3CIATES LLC Case No CIVI S3 8090Q5 Plaintiff 1 ECLARATION 4F PLAINTIFF S l COUNSEL IN SUPPORT OF REQUEST TO VACATE DISMISSAL l v W w N N MEMQRANDUM OF POINTS AND 14 PAUL A GARCIA AUTH4RITIES IN SUPPt RT 4F z ooco REQUEST TO ACATE DISMISSAL 1S Defendant s w PROPt SED t3RDER zv z a HW o x a 16 x n z W w 17 Y F 1 DECLAI2ATIt3N OF PLAINTIFF S COUNSFL 19 2Q I the undersigned declare that 21 Iam a1 by Hunt attorney employed Henriques attorney of rec rd for Plaintiff herein I am 2 a duly authorized custodian af the business books and records of plaintifi s counsel 23 On August 24 2018 a dismissal was entereci as ta PAUL A GAIZCIA Defendant has defaulted on 24 the payment arrangeinent under the Conditioi7al Settleinent Agreement Tt e business records of 2 plaintiff s counsel indicate that the last payanent ti as received an December 28 2418 Notice of 26 default was served an defendant on Apri130 2019 giving d fendant 10 d ys right to cure underthe 27 terms of the agreement but no payment has been made 28 WHEREFORE your declar nt prays the court to set aside and vacate the disn issal previously Page l of 2 Declaration to Vacate Dismissa and Enter i d ment Under Terms af 664 6 Stipulation DD0001 ET DKA I247146 001 I II I 1 1 1I IIiI11Ii ilI11111 1 T 1 entered in this action and allow plaintiff to file the Conditional Settlement Agreement and 2 Declaration Re Default in Payments and obtain judgment against the defendant I declare under foregaing is Executed in 3 penalty of perjury that the true and correct on San Jose California v o ie ue Zim er ann SBN 324511 Hu Henriq es 7 t ri eys for P intiff 8 9 MEMORANDUM OF POINTS AND AUTHORITIES 10 Code of Civil Procedure 5 66 6 provides in pertinent part that ll If parties to pending litigatian stipulate for settle nent of the case the court upon motion may enter jud ment pursuant to the terms of the settlement If requested by the parties the court may 12 retain jurisdiction over the parties to eanforce the settlement ui ti performance in full ofthe terms of the settlement n a NN c Q f 14 Here the parties stipulated for settlement of the case and signed a Conditional Settlement z W ad 15 Agreement asking the court to retain jurisdiction under 664 6 Defendant has defaulted on the x zU z H W 41 x 16 payment arrangement under the Conditional Settlement Agreement The business recards of x w 17 plaintiff counsel indicate that the last payment was received on December 2 201 Notice af 18 default was served on defendant on A aril 0 2019 giving defendant 10 days right to cure ul der the 19 terzns ofthe agreement but na payment has been made Plaintiffnaw seeks to have this dismissal set 20 aside 21 WHEREFORE it is res ectfi lly requested that the court allow Plaintiff to set aside and 22 vacate disrnissal previously entered as to August 24 2018 23 5 4 1 r x 24 Dated osse i limrr erma rt SBN 324511 2 I unt Henriqu s At neys for Plaintiff 27 28 Page 2 of 2 Declaration to Vacate Dismissa and Enter Judgmerit Under Terms of 664 6 Stipulatit n Dll 001 ET DKA I247146 001