Preview
on 11/4/2022 10:42 ANMReviewed By: A. Floresca Case #16CV300096 Envelope: 10401033
EFS-020
[ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO. FOR COURT USE ONLY
name: Fred W. Schwinn (SBN 225575)
rinwname: Consumer Law Center, Inc.
street appress: 38 West Santa Clara Street
ery: San Jose state: CA. zip cove: 95113-1806
TeepHone no: (408) 294-6100 raxno: (408) 294-6190
eat aooress: fred.schwinn@sjconsumerlaw.com
ATTORNEY FOR (name): MARIA ANTONIA CANUL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aooress: 191 North First Street
maine aopress: 191 North First Street
city ano zip cone: San Jose, CA 95113
srancH Name: Downtown San Jose
PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS, LLC ‘CASE NUMBER:
16CV300096
DEFENDANT/RESPONDENT: MARIA ANTONIA CANUL JUDICIAL OFFICER:
Patricia M. Lucas
OTHER:
PROPOSED ORDER (COVER SHEET) 3
NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent
electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed
order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
order in PDF format are filed.
1. Name of the party submitting the proposed order:
MARIA ANTONIA CANUL
2. Title of the proposed order:
Stipulation Regarding Cross-Defendants' Net Worth and Order Thereon
3. The proceeding to which the proposed order relates is:
a. Description of proceeding: Stipulation and Order
b. Date and time: N/A
c. Place: N/A
4. The proposed order was served on the other parties in the case.
Ered W. Schwinn (SBN 225575)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Page 1 of 2
Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court,
Judicial Council of California ea Tules 2.252, 3.1312
EFS-020 [Rev. February 1, 2017] (Electronic Filing) www.courts.ca gov
* | EssentialEFS-020
CASE NAME: CASE NUMBER:
VELOCITY INVESTMENTS, LLC v. CANUL 16CV300096
PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER
1. lam atleast 18 years old and not a party to this action.
a. My residence or business address is (specify):
38 West Santa Clara Street
San Jose, CA 95113-1806
b. My electronic service address is (specify):
fred.schwinn@sjconsumerlaw.com
2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in
an editable word-processing format as follows:
a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.):
Justin M. Penn, Shalini Bhasker
VELOCITY INVESTMENTS, LLC, and VELOCITY PORTFOLIO GROUP, INC.
b. To (electronic service address of person served): jpenn@hinshawlaw.com, sbhasker@hinshawlaw.com
c. On (date): November 4, 2022
lectronic service of the Proposed Order (Cover Sheet) with the attached proposed order in format and service of the
El i of the Pr 1d Order (Ce She ith th hed d order in PDF f id ice of th
proposed order in an editable word-processing format on additional persons are described in an attachment.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 4, 2022
Fred W. Schwinn (SBN 225575) >
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of 2
* | Essential Electronic Filin
GB terms 7oD Mm ND
ae 0) PS)
Fred W. Schwinn (SBN 225575)
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854)
CONSUMER LAW CENTER, INC.
38 West Santa Clara Street
San Jose, California 95113-1806
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC, Case No. 16CV300096
(Unlimited Civil Case)
Plaintiff,
ve Assigned for All Purposes to
MARIA CANUL, The Honorable Patricia M. Lucas (Dept. 3)
Defendant.
MARIA ANTONIA CANUL, on behalf of STIPULATION REGARDING CROSS-
herself and all others similarly situated, DEFENDANTS’ NET WORTH AND
. ORDER THEREON
Cross-Complainant,
ne
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
corporation; and ROES 2 through 10,
inclusive,
Cross-Defendants.
Defendant/Cross-Complainant, MARIA ANTONIA CANUL (“CANUL”), on behalf of herself
and a certain certified class identified in Case No. 16CV300096 in the Superior Court of California,
County of Santa Clara, and Cross-Defendants, VELOCITY INVESTMENTS, LLC (“VELOCITY”)
and VELOCITY PORTFOLIO GROUP, INC. (“VPGI”), by and through their respective counsel,
hereby stipulate and agree, for the sole purposes of this action (“the Subject Action’) only, as follows:
-1-
STIPULATION REGARDING CROSS-DEFENDANTS’ NET WORTH Case No. 16CV300096oD Mm ND
ae 0) PS)
1. For purposes of the Subject Action only, the parties stipulate that the net worth of
VELOCITY exceeds $50,000,000.
2. For purposes of the Subject Action only, the parties stipulate that the net worth of
VPGI exceeds $50,000,000.
3. Should the Court find that VELOCITY or VPGI have engaged in a pattern and
practice of violating any provision of the California Fair Debt Buying Practices Act, California Civil
Code §§ 1788.50-1788.64, in the Subject Action, the class may be awarded up to $500,000, pursuant to
California Civil Code § 1788.62(b).
4. Should VELOCITY or VPGI be found liable in the Subject Action for violating any
provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, the class may be
awarded up to $500,000, pursuant to 15 U.S.C. § 1692k(a)(2)(B)(ii).
5. Should VELOCITY or VPGI be found liable in the Subject Action for violating any
provision of the California Rosenthal Fair Debt Collection Practices Act, California Civil Code §§
1788-1788.33, the class may be awarded up to $500,000, pursuant to California Civil Code § 1788.17.
6. VELOCITY and VPGI agree that they will not contest any determination or
assessment of class damages on the basis of their financial resources or alleged lack thereof.
7. CANUL hereby withdraws all pending discovery undertaken in the Subject Action
regarding the net worth of VPGI as follows: Special Interrogatories (Set Two) and Request for
Production of Documents and Electronically Stored Information (Set Two).
8. This Stipulation may be used in the Subject Action only and cannot be used for any
other purpose or in any other case.
00000
-2-
STIPULATION REGARDING CROSS-DEFENDANTS’ NET WORTH Case No. 16CV300096IT IS SO STIPULATED.
Dated: November 3, 2022
Dated: November 4, 2022
CONSUMER LAW CENTER, INC.
By:
Fred W. Schwinn (SBN 225575)
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854)
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
x]
a
INSHAW & CULBERTSON LLP
By: Shabne Bhaskar
Justin Penn (SBN 302350)
Shalini Bhasker (SBN 326729)
x!
Attorneys for Cross-Defendants
VELOCITY INVESTMENTS, LLC and
VELOCITY PORTFOLIO GROUP, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:
The Honorable Patricia M. Lucas
Judge of the Superior Court
-3-
STIPULATION REGARDING CROSS-DEFENDANTS’ NET WORTH Case No. 16CV300096
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on 11/4/2022 10:42 ANMReviewed By: A. Floresca Case #16CV300096 Envelope: 10401033 EFS-020 [ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO. FOR COURT USE ONLY name: Fred W. Schwinn (SBN 225575) rinwname: Consumer Law Center, Inc. street appress: 38 West Santa Clara Street ery: San Jose state: CA. zip cove: 95113-1806 TeepHone no: (408) 294-6100 raxno: (408) 294-6190 eat aooress: fred.schwinn@sjconsumerlaw.com ATTORNEY FOR (name): MARIA ANTONIA CANUL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aooress: 191 North First Street maine aopress: 191 North First Street city ano zip cone: San Jose, CA 95113 srancH Name: Downtown San Jose PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS, LLC ‘CASE NUMBER: 16CV300096 DEFENDANT/RESPONDENT: MARIA ANTONIA CANUL JUDICIAL OFFICER: Patricia M. Lucas OTHER: PROPOSED ORDER (COVER SHEET) 3 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: MARIA ANTONIA CANUL 2. Title of the proposed order: Stipulation Regarding Cross-Defendants' Net Worth and Order Thereon 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Stipulation and Order b. Date and time: N/A c. Place: N/A 4. The proposed order was served on the other parties in the case. Ered W. Schwinn (SBN 225575) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, Judicial Council of California ea Tules 2.252, 3.1312 EFS-020 [Rev. February 1, 2017] (Electronic Filing) www.courts.ca gov * | EssentialEFS-020 CASE NAME: CASE NUMBER: VELOCITY INVESTMENTS, LLC v. CANUL 16CV300096 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. lam atleast 18 years old and not a party to this action. a. My residence or business address is (specify): 38 West Santa Clara Street San Jose, CA 95113-1806 b. My electronic service address is (specify): fred.schwinn@sjconsumerlaw.com 2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.): Justin M. Penn, Shalini Bhasker VELOCITY INVESTMENTS, LLC, and VELOCITY PORTFOLIO GROUP, INC. b. To (electronic service address of person served): jpenn@hinshawlaw.com, sbhasker@hinshawlaw.com c. On (date): November 4, 2022 lectronic service of the Proposed Order (Cover Sheet) with the attached proposed order in format and service of the El i of the Pr 1d Order (Ce She ith th hed d order in PDF f id ice of th proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 4, 2022 Fred W. Schwinn (SBN 225575) > (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of 2 * | Essential Electronic Filin GB terms 7oD Mm ND ae 0) PS) Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 38 West Santa Clara Street San Jose, California 95113-1806 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC, Case No. 16CV300096 (Unlimited Civil Case) Plaintiff, ve Assigned for All Purposes to MARIA CANUL, The Honorable Patricia M. Lucas (Dept. 3) Defendant. MARIA ANTONIA CANUL, on behalf of STIPULATION REGARDING CROSS- herself and all others similarly situated, DEFENDANTS’ NET WORTH AND . ORDER THEREON Cross-Complainant, ne VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and ROES 2 through 10, inclusive, Cross-Defendants. Defendant/Cross-Complainant, MARIA ANTONIA CANUL (“CANUL”), on behalf of herself and a certain certified class identified in Case No. 16CV300096 in the Superior Court of California, County of Santa Clara, and Cross-Defendants, VELOCITY INVESTMENTS, LLC (“VELOCITY”) and VELOCITY PORTFOLIO GROUP, INC. (“VPGI”), by and through their respective counsel, hereby stipulate and agree, for the sole purposes of this action (“the Subject Action’) only, as follows: -1- STIPULATION REGARDING CROSS-DEFENDANTS’ NET WORTH Case No. 16CV300096oD Mm ND ae 0) PS) 1. For purposes of the Subject Action only, the parties stipulate that the net worth of VELOCITY exceeds $50,000,000. 2. For purposes of the Subject Action only, the parties stipulate that the net worth of VPGI exceeds $50,000,000. 3. Should the Court find that VELOCITY or VPGI have engaged in a pattern and practice of violating any provision of the California Fair Debt Buying Practices Act, California Civil Code §§ 1788.50-1788.64, in the Subject Action, the class may be awarded up to $500,000, pursuant to California Civil Code § 1788.62(b). 4. Should VELOCITY or VPGI be found liable in the Subject Action for violating any provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, the class may be awarded up to $500,000, pursuant to 15 U.S.C. § 1692k(a)(2)(B)(ii). 5. Should VELOCITY or VPGI be found liable in the Subject Action for violating any provision of the California Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.33, the class may be awarded up to $500,000, pursuant to California Civil Code § 1788.17. 6. VELOCITY and VPGI agree that they will not contest any determination or assessment of class damages on the basis of their financial resources or alleged lack thereof. 7. CANUL hereby withdraws all pending discovery undertaken in the Subject Action regarding the net worth of VPGI as follows: Special Interrogatories (Set Two) and Request for Production of Documents and Electronically Stored Information (Set Two). 8. This Stipulation may be used in the Subject Action only and cannot be used for any other purpose or in any other case. 00000 -2- STIPULATION REGARDING CROSS-DEFENDANTS’ NET WORTH Case No. 16CV300096IT IS SO STIPULATED. Dated: November 3, 2022 Dated: November 4, 2022 CONSUMER LAW CENTER, INC. By: Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL x] a INSHAW & CULBERTSON LLP By: Shabne Bhaskar Justin Penn (SBN 302350) Shalini Bhasker (SBN 326729) x! Attorneys for Cross-Defendants VELOCITY INVESTMENTS, LLC and VELOCITY PORTFOLIO GROUP, INC. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: The Honorable Patricia M. Lucas Judge of the Superior Court -3- STIPULATION REGARDING CROSS-DEFENDANTS’ NET WORTH Case No. 16CV300096