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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
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
VELOCITY INVESTMENTS, LLC,
Plaintiff,
v.
MARIA CANUL,
Defendant.
MARIA ANTONIA CANUL, on behalf of
herself and all others similarly situated,
Cross-Complainant,
ve
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
corporation; and ROES 2 through 10,
inclusive,
Cross-Defendants.
The parties in the above-entitled action
MARIA ANTONIA CANUL filed a First
Relief and Damages herein.
Email Address: fred.schwinn@sjconsumerlaw.com
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Case No. 16CV300096
(Unlimited Civil Case)
Assigned for All Purposes to the
Honorable Patricia M. Lucas (Dept. 3)
STIPULATION AND ORDER AFTER
CLASS CERTIFICATION
Hearing Date: August 31, 2022
Hearing Time: 1:30 p.m.
Hearing Dept.: 3
Hearing Location: 191 North First Street
San Jose, California
hereby submit this Stipulation and Order After Class
Certification. In support of their request, the parties state as follows:
1, On November 4, 2021, Defendant/Cross-Complainant and Class Representative,
lass Acti -Complaint
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STIPULATION AFTER CLASS CERTIFICATION
Case No. 16CV300096oo wm ND ON BW DN
2. CANUL filed the Class Action Complaint on behalf of herself and all persons
similarly situated, seeking statutory damages for Cross-Defendants, VELOCITY INVESTMENTS,
LLC’s, and VELOCITY PORTFOLIO GROUP, INC.’s, alleged violations of the California Fair Debt
Buying Practices Act, California Civil Code §§ 1788.50-1788.64.
3. After briefing and a hearing, on August 31, 2022, the Court entered its Order Re:
Motion for Class Certification, wherein the Court certified the case as a Class Action, appointed
CANUL as Class Representative, and appointed Fred W. Schwinn, Raeon R. Roulston, and Matthew C.
Salmonsen of Consumer Law Center, Inc., as Class Counsel.
4. Pursuant to the Court’s Order Re: Motion for Class Certification, the parties, by and
through their respective counsel, hereby stipulate and agree, for the sole purposes of this action only, as
follows:
5. The Class Administrator shall be CPT Group, Inc., 50 Corporate Park, Irvine, CA
92606.
6. Within 21 days of entry of this Order, Cross-Defendants shall provide a complete
class list to CANUL’s counsel and the Class Administrator.
7. The Class Administrator shall promptly provide notice to the Class in the form of
Exhibit “A” attached hereto.
8. Class Members shall have 60 days from the date of mailing of the notice to exclude
themselves from the certified class.
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TI
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STIPULATION AFTER CLASS CERTIFICATION Case No. 16CV300096om ND WH BF Ww NY
Nu NN NY YN Be Be Be ee Se eB Be ee
BRRRR BS HS Se rVABREEHKES
ITIS SO STIPULATED.
Dated: October 31, 2022
Abu. 2
Dated: October.31, 2022.
CONSUMER LAW CENTER, INC.
By:. :
] Fred W. Schwinn (SBN 225575)
OC) Raeon R. Roulston (SBN 255622)
(1 Matthew C. Salmonsen (SBN 302854)
Attorneys for Class Representative
MARIA ANTONIA CANUL
HINSHAW & CULBERTSON LLP
Cl Justin M. Penn (SBN 302350)
Ei Shalini Bhasker (SBN 326729)
Attorneys for Cross-Defendants
VELOCITY INVESTMENTS, LLC, and
VELOCITY PORTFOLIO GROUP, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:
Fay en Chan
The Honorable Patricia M. Lucas
Judge of the Superior Court
STIPULATION AFTER CLASS CERTIFICATION
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Case No. 16CV300096OFFICIAL COURT NOTICE
VELOCITY INVESTMENTS, LLC,
Superior Court of the State of California
Plaintiff, County of Santa Clara
v.
MARIA CANUL,
Defendant. Case No. 16CV300096
Civil Action
MARIA ANTONIA CANUL, on behalf of
herself and all others similarly situated,
Cross-Complainant,
v.
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
corporation; and ROES 2 through 10, inclusive,
Cross-Defendants.
PLEASE READ THIS NOTICE CAREFULLY
IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AS A CLASS MEMBER
The Santa Clara County Superior Court authorized this Notice.
This is not a solicitation from a lawyer.
1. Why Should I Read this Notice?
The Complaint in this litigation has been certified to proceed as a class action in the Santa Clara
County Superior Court, entitled Velocity Investments, LLC v. Maria Canul, and related cross-
action, Case No. 16CV300096 (“Lawsuit”). You have been identified as a member of the Class.
This Notice explains the nature of the Lawsuit and informs you of your legal rights and
obligations. You should read this Notice to learn what this Lawsuit is about and what you need to
do if you wish to exclude yourself as a class member or to enter an appearance through your own
attorney.2. What is this Lawsuit About?
Maria Canul filed this Lawsuit against Velocity Investments, LLC, and Velocity Portfolio
Group, Inc. (collectively referred to as “Velocity”), alleging that Velocity filed and served debt
collection complaints against Ms. Canul and the members of the certified class that violate the
California Fair Debt Buying Practices Act, California Civil Code §§ 1788.52(b), 1788.52(d)(1),
1788.58(a)(6), 1788.58(a)(9), and 1788.58(b).
Velocity deny that they violated the law in any manner.
3. Why is this a Class Action?
Believing that others also received a similar debt collection complaint to the one that she
received from Velocity, Ms. Canul filed the Lawsuit as a class action. A class action is a type of
lawsuit in which one or a few individuals represent a group of people who were also allegedly
harmed by a defendant’s conduct. This group of people is referred to as the “Class” or as the
“Class Members.”
4, Who is a Class Member for this Lawsuit?
You have been identified as a Class Member in this Lawsuit. The Class is defined as all persons
with addresses in California against whom [Velocity] filed a collection Complaint in the form of
Exhibit “1” to the First Amended Class Action Cross-Complaint for Declaratory Relief and
Damages, in an attempt to collect a charged-off consumer debt originally owed to WebBank,
which was sold or resold to [Velocity] on or after January 1, 2014, during the period October 24,
2018, through August 31, 2022. Excluded from the class are any officers, directors, or legal
representatives of Velocity, and any judge, justice, or judicial officer presiding over this matter
and the members of their immediate families and judicial staff.
5. How Do I Enter My Appearance in this Lawsuit?
Entering an appearance is NOT necessary to participate in this lawsuit. Class Counsel will
represent the Class without charge to you or the other Class Members. However, if you wish to
do so, you may be represented by your own attorney in this Lawsuit at your own expense.
6. If 1 Do Not Want to be in the Class, How Do I Exclude Myself?
If you do NOT want to remain a Class Member and wish to exclude yourself from the Lawsuit,
you must send a written request to the Class Administrator listed below. The request must be in
writing and include the name and number of this case (Velocity Investments, LLC v. Maria
Canul, Case No. 16CV300096), and your name, and must be dated and signed by you as the
Class Member. The request must be sent by first-class mail postmarked no later than
mailing +60] , 2022, addressed to:
Claims Administrator
CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
-2-Requests for exclusion postmarked after [date of mailing +60] , 2022, will not be effective.
By electing to be excluded from the Class, 1) you will not share in any recovery in the Lawsuit;
2) you will not be bound by orders or judgments entered in the Lawsuit; and 3) you may present
any claim you may have against Defendants in your own separate lawsuit at your own expense.
7. If1 Remain as a Class Member, Who Represents Me?
The Court has appointed Defendant and Cross-Complainant, Maria Canul, as Class
Representative. The Court has approved the attorneys below to represent the Class. They are
called “Class Counsel.” You will not be charged personally for Class Counsel’s services. If you
want to be represented by your own lawyer, you may hire one at your own expense.
Fred W. Schwinn
Raeon R. Roulston
Matthew C. Salmonsen
CONSUMER LAW CENTER, INC.
38 West Santa Clara Street
San Jose, California 95113-1806
(408) 294-6100
8. How Will My Claims Be Affected If 1 Am A Member of The Class?
Unless you exclude yourself as a Class Member pursuant to Section 6 above, all of the Court’s
orders in this case will apply to you. If the Court rules on the claims in this Lawsuit as described
above, all members of the class will be governed by the ruling.
9. How Will Class Counsel’s Fees and Expenses be Paid?
If Ms. Canul is successful in pursuing the Lawsuit, Class Counsel will seek Court approval for an
award of reasonable attorneys’ fees, costs and expenses. Any amount of attorneys’ fees sought
by Class Counsel must be approved by the Court, and would be paid by Velocity.
10. How Will the Costs Associated With the Notice and Administration Be Paid?
The costs associated with the notice and administration of this lawsuit will be paid by Class
Counsel. If Ms. Canul is successful in this lawsuit, Class Counsel will request that the Court
order Velocity to repay these costs and expenses.
11. Where Can I Obtain More Information About this Lawsuit?
This Notice is only a summary of the proceedings in the Lawsuit. If you want additional
information about the Lawsuit, you may contact Class Counsel, using the contact information
listed in Section 7 above, or you can contact the Class Administrator using the contact
information listed in Section 6 above. Please include the case name and number of the Lawsuit,
and your name and your current address on any letters. You may review the file in this case at
the Office of the Clerk, located at the Santa Clara County Superior Court, 191 North First Street,
San Jose, California 95113.
PLEASE DO NOT CALL THE COURT OR DEFENDANTS’ ATTORNEYS
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Preview
oc Om ND WA BF BY yoN Rw MN NY NN | Be Be se Be Be Be Be Be Se RBRRRBRBEK YS SFe AA AREEH AS 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 Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL VELOCITY INVESTMENTS, LLC, Plaintiff, v. MARIA CANUL, Defendant. MARIA ANTONIA CANUL, on behalf of herself and all others similarly situated, Cross-Complainant, ve VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and ROES 2 through 10, inclusive, Cross-Defendants. The parties in the above-entitled action MARIA ANTONIA CANUL filed a First Relief and Damages herein. Email Address: fred.schwinn@sjconsumerlaw.com SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA Case No. 16CV300096 (Unlimited Civil Case) Assigned for All Purposes to the Honorable Patricia M. Lucas (Dept. 3) STIPULATION AND ORDER AFTER CLASS CERTIFICATION Hearing Date: August 31, 2022 Hearing Time: 1:30 p.m. Hearing Dept.: 3 Hearing Location: 191 North First Street San Jose, California hereby submit this Stipulation and Order After Class Certification. In support of their request, the parties state as follows: 1, On November 4, 2021, Defendant/Cross-Complainant and Class Representative, lass Acti -Complaint ~1- STIPULATION AFTER CLASS CERTIFICATION Case No. 16CV300096oo wm ND ON BW DN 2. CANUL filed the Class Action Complaint on behalf of herself and all persons similarly situated, seeking statutory damages for Cross-Defendants, VELOCITY INVESTMENTS, LLC’s, and VELOCITY PORTFOLIO GROUP, INC.’s, alleged violations of the California Fair Debt Buying Practices Act, California Civil Code §§ 1788.50-1788.64. 3. After briefing and a hearing, on August 31, 2022, the Court entered its Order Re: Motion for Class Certification, wherein the Court certified the case as a Class Action, appointed CANUL as Class Representative, and appointed Fred W. Schwinn, Raeon R. Roulston, and Matthew C. Salmonsen of Consumer Law Center, Inc., as Class Counsel. 4. Pursuant to the Court’s Order Re: Motion for Class Certification, the parties, by and through their respective counsel, hereby stipulate and agree, for the sole purposes of this action only, as follows: 5. The Class Administrator shall be CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606. 6. Within 21 days of entry of this Order, Cross-Defendants shall provide a complete class list to CANUL’s counsel and the Class Administrator. 7. The Class Administrator shall promptly provide notice to the Class in the form of Exhibit “A” attached hereto. 8. Class Members shall have 60 days from the date of mailing of the notice to exclude themselves from the certified class. //1 //1 /// TI -2- STIPULATION AFTER CLASS CERTIFICATION Case No. 16CV300096om ND WH BF Ww NY Nu NN NY YN Be Be Be ee Se eB Be ee BRRRR BS HS Se rVABREEHKES ITIS SO STIPULATED. Dated: October 31, 2022 Abu. 2 Dated: October.31, 2022. CONSUMER LAW CENTER, INC. By:. : ] Fred W. Schwinn (SBN 225575) OC) Raeon R. Roulston (SBN 255622) (1 Matthew C. Salmonsen (SBN 302854) Attorneys for Class Representative MARIA ANTONIA CANUL HINSHAW & CULBERTSON LLP Cl Justin M. Penn (SBN 302350) Ei Shalini Bhasker (SBN 326729) Attorneys for Cross-Defendants VELOCITY INVESTMENTS, LLC, and VELOCITY PORTFOLIO GROUP, INC. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: Fay en Chan The Honorable Patricia M. Lucas Judge of the Superior Court STIPULATION AFTER CLASS CERTIFICATION ~3- Case No. 16CV300096OFFICIAL COURT NOTICE VELOCITY INVESTMENTS, LLC, Superior Court of the State of California Plaintiff, County of Santa Clara v. MARIA CANUL, Defendant. Case No. 16CV300096 Civil Action MARIA ANTONIA CANUL, on behalf of herself and all others similarly situated, Cross-Complainant, v. VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and ROES 2 through 10, inclusive, Cross-Defendants. PLEASE READ THIS NOTICE CAREFULLY IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AS A CLASS MEMBER The Santa Clara County Superior Court authorized this Notice. This is not a solicitation from a lawyer. 1. Why Should I Read this Notice? The Complaint in this litigation has been certified to proceed as a class action in the Santa Clara County Superior Court, entitled Velocity Investments, LLC v. Maria Canul, and related cross- action, Case No. 16CV300096 (“Lawsuit”). You have been identified as a member of the Class. This Notice explains the nature of the Lawsuit and informs you of your legal rights and obligations. You should read this Notice to learn what this Lawsuit is about and what you need to do if you wish to exclude yourself as a class member or to enter an appearance through your own attorney.2. What is this Lawsuit About? Maria Canul filed this Lawsuit against Velocity Investments, LLC, and Velocity Portfolio Group, Inc. (collectively referred to as “Velocity”), alleging that Velocity filed and served debt collection complaints against Ms. Canul and the members of the certified class that violate the California Fair Debt Buying Practices Act, California Civil Code §§ 1788.52(b), 1788.52(d)(1), 1788.58(a)(6), 1788.58(a)(9), and 1788.58(b). Velocity deny that they violated the law in any manner. 3. Why is this a Class Action? Believing that others also received a similar debt collection complaint to the one that she received from Velocity, Ms. Canul filed the Lawsuit as a class action. A class action is a type of lawsuit in which one or a few individuals represent a group of people who were also allegedly harmed by a defendant’s conduct. This group of people is referred to as the “Class” or as the “Class Members.” 4, Who is a Class Member for this Lawsuit? You have been identified as a Class Member in this Lawsuit. The Class is defined as all persons with addresses in California against whom [Velocity] filed a collection Complaint in the form of Exhibit “1” to the First Amended Class Action Cross-Complaint for Declaratory Relief and Damages, in an attempt to collect a charged-off consumer debt originally owed to WebBank, which was sold or resold to [Velocity] on or after January 1, 2014, during the period October 24, 2018, through August 31, 2022. Excluded from the class are any officers, directors, or legal representatives of Velocity, and any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff. 5. How Do I Enter My Appearance in this Lawsuit? Entering an appearance is NOT necessary to participate in this lawsuit. Class Counsel will represent the Class without charge to you or the other Class Members. However, if you wish to do so, you may be represented by your own attorney in this Lawsuit at your own expense. 6. If 1 Do Not Want to be in the Class, How Do I Exclude Myself? If you do NOT want to remain a Class Member and wish to exclude yourself from the Lawsuit, you must send a written request to the Class Administrator listed below. The request must be in writing and include the name and number of this case (Velocity Investments, LLC v. Maria Canul, Case No. 16CV300096), and your name, and must be dated and signed by you as the Class Member. The request must be sent by first-class mail postmarked no later than mailing +60] , 2022, addressed to: Claims Administrator CPT Group, Inc. 50 Corporate Park Irvine, CA 92606 -2-Requests for exclusion postmarked after [date of mailing +60] , 2022, will not be effective. By electing to be excluded from the Class, 1) you will not share in any recovery in the Lawsuit; 2) you will not be bound by orders or judgments entered in the Lawsuit; and 3) you may present any claim you may have against Defendants in your own separate lawsuit at your own expense. 7. If1 Remain as a Class Member, Who Represents Me? The Court has appointed Defendant and Cross-Complainant, Maria Canul, as Class Representative. The Court has approved the attorneys below to represent the Class. They are called “Class Counsel.” You will not be charged personally for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense. Fred W. Schwinn Raeon R. Roulston Matthew C. Salmonsen CONSUMER LAW CENTER, INC. 38 West Santa Clara Street San Jose, California 95113-1806 (408) 294-6100 8. How Will My Claims Be Affected If 1 Am A Member of The Class? Unless you exclude yourself as a Class Member pursuant to Section 6 above, all of the Court’s orders in this case will apply to you. If the Court rules on the claims in this Lawsuit as described above, all members of the class will be governed by the ruling. 9. How Will Class Counsel’s Fees and Expenses be Paid? If Ms. Canul is successful in pursuing the Lawsuit, Class Counsel will seek Court approval for an award of reasonable attorneys’ fees, costs and expenses. Any amount of attorneys’ fees sought by Class Counsel must be approved by the Court, and would be paid by Velocity. 10. How Will the Costs Associated With the Notice and Administration Be Paid? The costs associated with the notice and administration of this lawsuit will be paid by Class Counsel. If Ms. Canul is successful in this lawsuit, Class Counsel will request that the Court order Velocity to repay these costs and expenses. 11. Where Can I Obtain More Information About this Lawsuit? This Notice is only a summary of the proceedings in the Lawsuit. If you want additional information about the Lawsuit, you may contact Class Counsel, using the contact information listed in Section 7 above, or you can contact the Class Administrator using the contact information listed in Section 6 above. Please include the case name and number of the Lawsuit, and your name and your current address on any letters. You may review the file in this case at the Office of the Clerk, located at the Santa Clara County Superior Court, 191 North First Street, San Jose, California 95113. PLEASE DO NOT CALL THE COURT OR DEFENDANTS’ ATTORNEYS -3-