On September 28, 2012 a
Party Statement
was filed
involving a dispute between
Autovest, Llc,
and
Moreno, Ismael De La Cruz,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
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@routysraw @ SCANNED
ATTORNEYS ‘ A
ROBERT A. HARTLEY (#263493) ~
Century Centre
2601 Main Street, Penthouse Suite 1300
Irvine, California 92614-4239
Telephone: 714-558-9119
Facsimile: 714-558-9091 sdeehisetedoar
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Attorneys for Plaintiff, MAY 2 1 2013
AUTOVEST, L.L.C. .
sy hia 0. DeQueao.
Deputy
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO COURTHOUSE
AUTOVEST, L.L.C.; CASE NO: CIVDS1210416
COMPLAINT FILED: 09/28/2012
Plaintiff,
v. DECLARATION OF ROBERT A.
HARTLEY, PURSUANT TO C.C.P.
ISMAEL DE LA CRUZ MORENO; AND §1033 , ~~
DOES 1 TO 10, INCLUSIVE;
Defendants.
LIMITED CIVIL CASE
I, ROBERT A. HARTLEY, declare as follows:
1. I am an Attorney duly licensed to practice before all Courts in the State of
California, and before this Honorable Court. I am a partner of the law firm of Hollins Law,
attorneys of record for Plaintiff, AUTOVEST, L.L.C. (“Plaintiff.”)
2. Ihave personal knowledge of the facts set forth therein and if called upon to testify, I
could and would do so competently under oath.
(1) (x) ___ This action could not have been brought in the Small Claims Court by
the Plaintiff in this action because the Plaintiff is an assignee and denied jurisdiction
in the Small Claims Court pursuant to C.C.P. Section 116.430,, 26
3
F i I e By F. AX DECLARATION OF ROBERT A. HARTLEY,oC OD mY DW Bw Ww
6005-051430205 2013051415:13 Page 9 of 26
2) () This action could not have been brought in the Small Claims Court by
the Plaintiff in this action because the Plaintiff is a foreign corporation with no duly
appointed officer or director residing in California, and Plaintiff can only pursue the
action in the SUPERIOR Court through the offices of an attorney.
(3) (x)__- Plaintiff, prior to the filing of this action, informed the defendant(s),
in writing, that legal action was going to be commenced against the defendant(s),
and that the legal action could result in a judgment against the defendant(s) which
would include an award of actual costs for filing fees and service of process fees.
(4) (x) ___ A true copy of the said written notice is attached hereto.
(5) (x) __ Said written notice was mailed to the defendant(s) at the address as
shown on exhibit “A”, a true and correct copy of which is attached.
(6) © That defendant(s) orally, within six (6) months prior to the mailing of
the written notice, advised the Plaintiff of defendant(s)’ current address, and that fact
was recorded upon the records of the Plaintiff. A copy of said records is attached.
(7) (x) The address where the notice was mailed is the same address where
the defendant(s) were served.
T declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct. This declaration was executed May 14, 2013 in the City of Irvine, County of
Orange, State of California.
PRA A
ROBERT A. HARTLEY,
DECLARANT
9 of 26
4
File By Fax DECLARATION OF ROBERT A. HARTLEY,
Document Filed Date
May 21, 2013
Case Filing Date
September 28, 2012
Category
Rule 3.740 Collections $10,000 or Less Limited
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C0 Oe IN DWH Bw wv 6005-051430205 2013051415:13 Page 8 of 26 @routysraw @ SCANNED ATTORNEYS ‘ A ROBERT A. HARTLEY (#263493) ~ Century Centre 2601 Main Street, Penthouse Suite 1300 Irvine, California 92614-4239 Telephone: 714-558-9119 Facsimile: 714-558-9091 sdeehisetedoar COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Attorneys for Plaintiff, MAY 2 1 2013 AUTOVEST, L.L.C. . sy hia 0. DeQueao. Deputy SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO COURTHOUSE AUTOVEST, L.L.C.; CASE NO: CIVDS1210416 COMPLAINT FILED: 09/28/2012 Plaintiff, v. DECLARATION OF ROBERT A. HARTLEY, PURSUANT TO C.C.P. ISMAEL DE LA CRUZ MORENO; AND §1033 , ~~ DOES 1 TO 10, INCLUSIVE; Defendants. LIMITED CIVIL CASE I, ROBERT A. HARTLEY, declare as follows: 1. I am an Attorney duly licensed to practice before all Courts in the State of California, and before this Honorable Court. I am a partner of the law firm of Hollins Law, attorneys of record for Plaintiff, AUTOVEST, L.L.C. (“Plaintiff.”) 2. Ihave personal knowledge of the facts set forth therein and if called upon to testify, I could and would do so competently under oath. (1) (x) ___ This action could not have been brought in the Small Claims Court by the Plaintiff in this action because the Plaintiff is an assignee and denied jurisdiction in the Small Claims Court pursuant to C.C.P. Section 116.430,, 26 3 F i I e By F. AX DECLARATION OF ROBERT A. HARTLEY,oC OD mY DW Bw Ww 6005-051430205 2013051415:13 Page 9 of 26 2) () This action could not have been brought in the Small Claims Court by the Plaintiff in this action because the Plaintiff is a foreign corporation with no duly appointed officer or director residing in California, and Plaintiff can only pursue the action in the SUPERIOR Court through the offices of an attorney. (3) (x)__- Plaintiff, prior to the filing of this action, informed the defendant(s), in writing, that legal action was going to be commenced against the defendant(s), and that the legal action could result in a judgment against the defendant(s) which would include an award of actual costs for filing fees and service of process fees. (4) (x) ___ A true copy of the said written notice is attached hereto. (5) (x) __ Said written notice was mailed to the defendant(s) at the address as shown on exhibit “A”, a true and correct copy of which is attached. (6) © That defendant(s) orally, within six (6) months prior to the mailing of the written notice, advised the Plaintiff of defendant(s)’ current address, and that fact was recorded upon the records of the Plaintiff. A copy of said records is attached. (7) (x) The address where the notice was mailed is the same address where the defendant(s) were served. T declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This declaration was executed May 14, 2013 in the City of Irvine, County of Orange, State of California. PRA A ROBERT A. HARTLEY, DECLARANT 9 of 26 4 File By Fax DECLARATION OF ROBERT A. HARTLEY,