Preview
HUNT & HENRIQUES, LLP
7017 REALM DRIVE
SAN JOSE CALIFORNIA 95119
‘TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
kW ON
Hunt & Henriques, LLP
Donald Sherrill, Esq. #266038
Alexander Balzer Carr, Esq. #338024
7017 Realm Drive
San José CA 95119
Telephone: (800) 680-2426
Facsimile: (408) 362-2299
Attorneys for Plaintiff
Electronically Filed
Superior Court of California
County of San Joaquin
2023-02-17 16:04:57
Clerk: Bernique Mimmitt
Motion to Deem Facts Admitted
2023-03-29 9:00AM in 11B
Debt collection license application pending.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
STOCKTON BRANCH, CIVIL DEPARTMENT — LIMITED CIVIL JURISDICTION
Capital One Bank (USA), N.A., Case No. STK-CV-LCCR-2022-4788
Plaintiff, Notice of Motion and Motion for Order That
Matters in Request for Admission of Truth
v. of Facts Be Admitted; Memorandum in
RYAN C TEDARDS, Support; Declaration in Support
No Informal Discovery Conference Required
Defendant(s) as Per Code of Civil Procedure §§ 2016.080,
2016.040, 2033.280
Date: TBD
Time: TBD
Dept: TBD
Date Action Filed: June 9, 2022
Submitted without appearance pursuant to
Rule of Court 3.1304(c)
To Defendant Ryan C Tedards
NOTICE IS HEREBY GIVEN that on > at or as soon
thereafter as the matter may be heard, in Department of this court, located at 180 E
Weber Ave Ste. 200, Stockton CA 95202, plaintiff Capital One Bank (USA), N.A. will move for an
order pursuant to §§ 2023.010 et seq. and 2033.280 of the Code of Civil Procedure that truth of all
specified facts in the Request for Admissions, Set One, propounded by plaintiff Capital One Bank
Page 1 of 5
Motion to Deem Admissions
DD0002C3 | ASM 1490128.0017017 REALM DRIVE
HUNT & HENRIQUES, LLP
1 (USA), N.A. on defendant Ryan C Tedards by mail on December 9, 2022, be deemed admitted. The
2 motion will be made on the grounds that defendant failed to serve response to plaintiff's Request for
3 Admissions to defendant.
4 Pursuant to Local Rule 3-113(D), Judges assigned to civil law and motion matters will
5 prepare a tentative ruling for each matter on calendar and a ruling will be available to counsel and
6 litigants on the first court day before the scheduled hearing. If the tentative ruling is satisfactory to
7 counsel, he or she need not appear and the tentative ruling will become final. If counsel or self-
8 represented litigants (SRL) wishes to appear, he or she may do so only after appropriately notifying
9 the court and other counsel or SRL of that intent. The tentative ruling shall become the ruling of the
0 court unless there is opposition by counsel or SRL. Counsel or self-represented litigants is
11 responsible for reviewing the tentative ruling and notifying the superior court, by calling (209) 992-
12 5693, and all other counsel and self-represented litigants no later than 4:00 p.m. on the day preceding
o the scheduled hearing of his or her intent to appear to argue. The tentative rulings will be posted to
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(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR
REQUESTS FOR ADMISSION 4 94-05 2045 010-2038 420, 9098 790Attachment |Hunt & HENRIQUES, LLP
7017 REALM DRIVE
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
20
EACH OF THE FOLLOWING FACTS IS TRUE:
1. Ryan C Tedards had a credit account number EEE 322 issued by Capital One Bank
(USA), N.A. (for the purposes of these requests, Capital One Bank (USA), N.A. shall mean and
refer to Capital One Bank (USA), N.A., and/or its predecessor, if any).
2. Ryan C Tedards received periodic statements regarding credit account number
322 issued by Capital One Bank (USA), N.A.,
3. As of June 9, 2022, the balance owed by Ryan C Tedards on credit account number
M9322 vas $6,124.48.
4. No payments have been made on credit account number 322 issued by Capital
One Bank (USA), N.A. since June 9, 2022.
5. The last payment on credit account number [EEE 322 issued by Capital One Bank
(USA), N.A. was made within the )_ years immediately prior to June 9, 2022,
__ Page 6
Requests for Admission to Defendant, Set One
DD00029Y | ASM 1490128.001PROOF OF SERVICE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
STOCKTON BRANCH, CIVIL DEPARTMENT
Re: Capital One Bank (USA), N.A. v. RYAN C TEDARDS,
Case No. STK-CV-LCCR-2022-4788
Tam a resident of, or employed in the County of Santa Clara, State of California; | am over the age of 18 years and nota party to
the within entitled action, my business address is 7017 Realm Dr, San Jose, California 95 [19.
On December 9, 2022, I served the foregoing documents, described as PLAINTIFI?S SPECIALLY
PREPARED INTERROGATORIES TO DEFENDANT; PLAINTIFEF’S REQUESTS FOR
ADMISSION TO DEFENDANT; PLAINTIFI?S DEMAND FOR PRODUCTION OF
DOCUMENTS TO DEFENDANT; on the interested parties to said action by the following means:
(By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection
and mailing on that date following ordinary business practices, in the United States Mail at the offices of HUNT & HENRIQUES,
LLP, California, addressed as shown below, | am readily familiar with this business's practice for collection and processing of
correspondence for mailing with the U.S, Postal Service, and in the ordinary course of business correspondence would be deposited
with the U.S, Postal Service the same day it was placed for collection and processing
epaid, in the United
(By Mail) By placing a true copy thereof, enclosed in a sealed envelope wath postage thereon fully p
States Mail at San José, California, addressed as shown below.
(By Hand Delivery) By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the
addresses shown below.
(By Personal Service) By personally delivering a true copy thereof, enclosed in a scaled envelope, to the addresses shown
below.
_ (By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges
prepaid, to be sent by enn + Aldred as shown below.
(By Facsimile Transmission) By transmitting a true copy thereof by facsimile transmission from facsimile number
(800) 680-2426/(408) 360-8482, to the interested parties to said action, the transmission was reported as complete and without
error. and a copy of the transmission report, which was properly issued by the transmitting Facsimile machine. is attached hereto
and incorporated herein by reference. Said documents were wansmitted to the interested parties as shown below at
amdp.m
| declare under penalty of perjury that the foregoing is true and correct, and that | am employed in the office ofa member of the Bar
of this Court at whose direction the service was made
Executed on December 9, 2022, at San José, Santa Clara County, California.
Alicia Sakamoto Macias
NAME AND ADDRESS OF EACH PERSON SERVED:
Ryan C Tedards
210 Berverdor
Pracy, CA 95376
DDOOO29Y | ACR 1490128.001EXHIBIT BHUNT & HENRIQUES, LLP TOLL FREE 800-680-2426
DONALD SHERRILL 7017 REALM DRIVE FACSIMILE 408-362-2299
SAN JOSE CALIFORNIA 95119 TTY 800-735-2922
January 25, 2023
Ryan C Tedards
210 Berverdor Ave.
Tracy, CA 95376
Re: Capital One Bank (USA), N.A. v. RYAN C TEDARDS
Our Client: Capital One Bank (USA), N.A. / PLATINUM
Case Number: STK-CV-LCCR-2022-4788
Our File No.: 1490128
Account Ending: 9322 | Current Balance: $6,124.48
Your failure to respond to interrogatories, demand for production of documents and requests for admissions
Dear Ryan C Tedards,
This letter is for the purpose of informally resolving our dispute over your failure to answer plaintiff's
specially prepared interrogatories, requests for admissions and demand for production of documents,
which were served on you by mail on December 9, 2022. Your answers were due on or before January
13, 2023. You have waived all objections by your failure to answer timely.
Please provide complete responses without objection to each of the specially prepared interrogatories,
requests for admissions and demand for production of documents, such responses to be received in this
office no later than 5:00 p.m. on February 6, 2023. If complete, verified responses, are not received by
that time, we will have to bring a motion to compel responses and/or to have matters deemed admitted,
and seek costs in connection with the motions.
If you have any questions, please let me know as soon as possible. [ do hope that we can resolve this
without the necessity for bringing these motions.
This firm is a debt collector. Debt collection license application pending.
Very truly yours,
nen
Alexander Balzer Carr
Hunt & Henriques, LLP
pp0002CH AOU Firm Pile Number: 1490128001es
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PROOF OF SERVICE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
STOCKTON BRANCH, CIVIL DEPARTMENT
RE: Capital One Bank (USA), N.A. vs. RYAN C TEDARDS,
CASE NO: STK-CV-LCCR-2022-4788
I declare that:
Iam a resident of, or employed in, Santa Clara County, California.
I am over the age of eighteen years and not a party to the within entitled cause;
My business address is: 7017 Realm Dr., San José, CA 95119
On February 17, 2023, I served the attached:
- NOTICE OF MOTION AND MOTION FOR ORDER THAT MATTERS IN REQUEST FOR
ADMISSION OF TRUTH OF FACTS BE ADMITTED; MEMORANDUM IN SUPPORT;
DECLARATION IN SUPPORT
on the interested parties in said cause, by placing [ ] the original; [X] true copy thereof enclosed ina
sealed envelope addressed as follows:
Ryan C Tedards
210 Berverdor Ave.
Tracy, CA 95376
[X] BY MAIL: placing the envelope for collection and mailing following our ordinary business
practices. I am readily familiar with this businesses practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal Service in a
sealed envelope with postage fully prepaid.
[ ] BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to this office(s) of
the addressee(s).
[ ] BY UNITED PARCEL SERVICE: I caused such envelope to be delivered by United Parcel
Service for overnight courier service to the office(s) of the addressee(s).
[ ] BY FACSIMILE: I caused a copy of such document to be sent via FACSIMILE to:
Cj)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct that this declaration was executed on February 17, 2023, in San José, CA.
eee
Alicia Sakamoto Macias
Page | of |
1490128.001
Preview
HUNT & HENRIQUES, LLP 7017 REALM DRIVE SAN JOSE CALIFORNIA 95119 ‘TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 kW ON Hunt & Henriques, LLP Donald Sherrill, Esq. #266038 Alexander Balzer Carr, Esq. #338024 7017 Realm Drive San José CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff Electronically Filed Superior Court of California County of San Joaquin 2023-02-17 16:04:57 Clerk: Bernique Mimmitt Motion to Deem Facts Admitted 2023-03-29 9:00AM in 11B Debt collection license application pending. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STOCKTON BRANCH, CIVIL DEPARTMENT — LIMITED CIVIL JURISDICTION Capital One Bank (USA), N.A., Case No. STK-CV-LCCR-2022-4788 Plaintiff, Notice of Motion and Motion for Order That Matters in Request for Admission of Truth v. of Facts Be Admitted; Memorandum in RYAN C TEDARDS, Support; Declaration in Support No Informal Discovery Conference Required Defendant(s) as Per Code of Civil Procedure §§ 2016.080, 2016.040, 2033.280 Date: TBD Time: TBD Dept: TBD Date Action Filed: June 9, 2022 Submitted without appearance pursuant to Rule of Court 3.1304(c) To Defendant Ryan C Tedards NOTICE IS HEREBY GIVEN that on > at or as soon thereafter as the matter may be heard, in Department of this court, located at 180 E Weber Ave Ste. 200, Stockton CA 95202, plaintiff Capital One Bank (USA), N.A. will move for an order pursuant to §§ 2023.010 et seq. and 2033.280 of the Code of Civil Procedure that truth of all specified facts in the Request for Admissions, Set One, propounded by plaintiff Capital One Bank Page 1 of 5 Motion to Deem Admissions DD0002C3 | ASM 1490128.0017017 REALM DRIVE HUNT & HENRIQUES, LLP 1 (USA), N.A. on defendant Ryan C Tedards by mail on December 9, 2022, be deemed admitted. The 2 motion will be made on the grounds that defendant failed to serve response to plaintiff's Request for 3 Admissions to defendant. 4 Pursuant to Local Rule 3-113(D), Judges assigned to civil law and motion matters will 5 prepare a tentative ruling for each matter on calendar and a ruling will be available to counsel and 6 litigants on the first court day before the scheduled hearing. If the tentative ruling is satisfactory to 7 counsel, he or she need not appear and the tentative ruling will become final. If counsel or self- 8 represented litigants (SRL) wishes to appear, he or she may do so only after appropriately notifying 9 the court and other counsel or SRL of that intent. The tentative ruling shall become the ruling of the 0 court unless there is opposition by counsel or SRL. Counsel or self-represented litigants is 11 responsible for reviewing the tentative ruling and notifying the superior court, by calling (209) 992- 12 5693, and all other counsel and self-represented litigants no later than 4:00 p.m. on the day preceding o the scheduled hearing of his or her intent to appear to argue. The tentative rulings will be posted to 28 ao & 3 the court’s website: www.sjcourts.org. Counsel or self-represented litigants may access the court’s Zz ZS & Z website beginning at 1:30 p.m. on the court day immediately preceding the date for which a matter is t-te — (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR REQUESTS FOR ADMISSION 4 94-05 2045 010-2038 420, 9098 790Attachment |Hunt & HENRIQUES, LLP 7017 REALM DRIVE SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 20 EACH OF THE FOLLOWING FACTS IS TRUE: 1. Ryan C Tedards had a credit account number EEE 322 issued by Capital One Bank (USA), N.A. (for the purposes of these requests, Capital One Bank (USA), N.A. shall mean and refer to Capital One Bank (USA), N.A., and/or its predecessor, if any). 2. Ryan C Tedards received periodic statements regarding credit account number 322 issued by Capital One Bank (USA), N.A., 3. As of June 9, 2022, the balance owed by Ryan C Tedards on credit account number M9322 vas $6,124.48. 4. No payments have been made on credit account number 322 issued by Capital One Bank (USA), N.A. since June 9, 2022. 5. The last payment on credit account number [EEE 322 issued by Capital One Bank (USA), N.A. was made within the )_ years immediately prior to June 9, 2022, __ Page 6 Requests for Admission to Defendant, Set One DD00029Y | ASM 1490128.001PROOF OF SERVICE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STOCKTON BRANCH, CIVIL DEPARTMENT Re: Capital One Bank (USA), N.A. v. RYAN C TEDARDS, Case No. STK-CV-LCCR-2022-4788 Tam a resident of, or employed in the County of Santa Clara, State of California; | am over the age of 18 years and nota party to the within entitled action, my business address is 7017 Realm Dr, San Jose, California 95 [19. On December 9, 2022, I served the foregoing documents, described as PLAINTIFI?S SPECIALLY PREPARED INTERROGATORIES TO DEFENDANT; PLAINTIFEF’S REQUESTS FOR ADMISSION TO DEFENDANT; PLAINTIFI?S DEMAND FOR PRODUCTION OF DOCUMENTS TO DEFENDANT; on the interested parties to said action by the following means: (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the offices of HUNT & HENRIQUES, LLP, California, addressed as shown below, | am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S, Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S, Postal Service the same day it was placed for collection and processing epaid, in the United (By Mail) By placing a true copy thereof, enclosed in a sealed envelope wath postage thereon fully p States Mail at San José, California, addressed as shown below. (By Hand Delivery) By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service) By personally delivering a true copy thereof, enclosed in a scaled envelope, to the addresses shown below. _ (By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid, to be sent by enn + Aldred as shown below. (By Facsimile Transmission) By transmitting a true copy thereof by facsimile transmission from facsimile number (800) 680-2426/(408) 360-8482, to the interested parties to said action, the transmission was reported as complete and without error. and a copy of the transmission report, which was properly issued by the transmitting Facsimile machine. is attached hereto and incorporated herein by reference. Said documents were wansmitted to the interested parties as shown below at amdp.m | declare under penalty of perjury that the foregoing is true and correct, and that | am employed in the office ofa member of the Bar of this Court at whose direction the service was made Executed on December 9, 2022, at San José, Santa Clara County, California. Alicia Sakamoto Macias NAME AND ADDRESS OF EACH PERSON SERVED: Ryan C Tedards 210 Berverdor Pracy, CA 95376 DDOOO29Y | ACR 1490128.001EXHIBIT BHUNT & HENRIQUES, LLP TOLL FREE 800-680-2426 DONALD SHERRILL 7017 REALM DRIVE FACSIMILE 408-362-2299 SAN JOSE CALIFORNIA 95119 TTY 800-735-2922 January 25, 2023 Ryan C Tedards 210 Berverdor Ave. Tracy, CA 95376 Re: Capital One Bank (USA), N.A. v. RYAN C TEDARDS Our Client: Capital One Bank (USA), N.A. / PLATINUM Case Number: STK-CV-LCCR-2022-4788 Our File No.: 1490128 Account Ending: 9322 | Current Balance: $6,124.48 Your failure to respond to interrogatories, demand for production of documents and requests for admissions Dear Ryan C Tedards, This letter is for the purpose of informally resolving our dispute over your failure to answer plaintiff's specially prepared interrogatories, requests for admissions and demand for production of documents, which were served on you by mail on December 9, 2022. Your answers were due on or before January 13, 2023. You have waived all objections by your failure to answer timely. Please provide complete responses without objection to each of the specially prepared interrogatories, requests for admissions and demand for production of documents, such responses to be received in this office no later than 5:00 p.m. on February 6, 2023. If complete, verified responses, are not received by that time, we will have to bring a motion to compel responses and/or to have matters deemed admitted, and seek costs in connection with the motions. If you have any questions, please let me know as soon as possible. [ do hope that we can resolve this without the necessity for bringing these motions. This firm is a debt collector. Debt collection license application pending. Very truly yours, nen Alexander Balzer Carr Hunt & Henriques, LLP pp0002CH AOU Firm Pile Number: 1490128001es a a g 2 g s Zz & x 8 z 5 x a B ak B¢ ag Zo 26 a2 aU Ry gs z a & 8 4 S zB a g oO 3 = 5 a =e & g g ql g & Facsit PROOF OF SERVICE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STOCKTON BRANCH, CIVIL DEPARTMENT RE: Capital One Bank (USA), N.A. vs. RYAN C TEDARDS, CASE NO: STK-CV-LCCR-2022-4788 I declare that: Iam a resident of, or employed in, Santa Clara County, California. I am over the age of eighteen years and not a party to the within entitled cause; My business address is: 7017 Realm Dr., San José, CA 95119 On February 17, 2023, I served the attached: - NOTICE OF MOTION AND MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION OF TRUTH OF FACTS BE ADMITTED; MEMORANDUM IN SUPPORT; DECLARATION IN SUPPORT on the interested parties in said cause, by placing [ ] the original; [X] true copy thereof enclosed ina sealed envelope addressed as follows: Ryan C Tedards 210 Berverdor Ave. Tracy, CA 95376 [X] BY MAIL: placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this businesses practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. [ ] BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to this office(s) of the addressee(s). [ ] BY UNITED PARCEL SERVICE: I caused such envelope to be delivered by United Parcel Service for overnight courier service to the office(s) of the addressee(s). [ ] BY FACSIMILE: I caused a copy of such document to be sent via FACSIMILE to: Cj) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct that this declaration was executed on February 17, 2023, in San José, CA. eee Alicia Sakamoto Macias Page | of | 1490128.001