On October 25, 2018 a
Judgment
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Macias, Jesus,
for Rule 3.740 Collections -Reduced Filing Fee Limited
in the District Court of San Bernardino County.
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Hunt & Henriques, LLP
Donald Sherrill, Esq. #266038
N 701 7 Realm Drive
SUPERIORFOthngQAUFOHNM
San Jose’ CA 951 19 “W"°" MN “FNARD'NO
Telephone: (800) 680-2426
Facsimile: (408) 362—2299
NOV 0 '7 2022
Attorneys for Plaintiff
Debt collection license application pending.
\OOOQQLn-bw
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN
BERNARDINO
SAN BERNARDINO DISTRICT-CIVIL DIVISION — LIMITED
CIVIL JURISDICTION
10
11 Portfolio Recovery Associates, LLC,
12 Plaintiff, Case No. CIVDSl 827784
13 v‘
LLP
APPLICATION FOR ORDER TO SET
95119
ASIDE JUDGMENT DUE TO FRAUD AND
680-2426
362-2299
14 JESUS MACIAS, FOR DISMISSAL AND ORDER THEREON
DRIVE
HENRIQUES,
15 Defendant(s).
CALIFORNIA (800)
(408)
REALM
16
& 7017 JOSE TELEPHONE:
FACSIMILE:
17
HUNT SAN
18 Plaintiffhereby applies to the Court to set asidejudgment and
the case be dismissed without
19 prejudice in the above-entitled matter. This application is made on the grounds that subsequent to
20 entry ofjudgment, Plaintiff was informed that the underlying
account which is the subject of this
21 case was fraudulent, This application is based 0n the facts set fonh in the following declaration.
22'
23 DECLARATION
24
25 I, Anthony DiPiero, declare:
26 I am the attorney of record for PlaintiffPortfolio Recovery Associates, LLC in the above-
27 entitled action.
1, On September 23. 2019, Plaimiff obtained a defauhjudgment against defendant.
Page 1
Exparte Application o Se Aside Jud ment
E5” SW I
g ”893330“
fWWIltlllllfflmllfllfiflfllflfl Iii"! MW"!
2. Subsequent to entry ofjudgment, Plaintiff was informed that the account which is the
underlying subject of this case was fraudulent.
Based 0n the foregoing, Plaintiff s counsel respectfully requests
U‘I-bUJN
that the Court set aside the
judgment in the above—entitled matter and file the attached Dismissal without Prejudice.
I declare under penalty ofperjury under the laws 0f the State of California that the foregoing
and
\OOOQQ
is true correct.
Executed on September 1, 2022, in San José, California.
10
11
Anthongl DiPiero
12 Hunt & Henriques, LLP
Attorneys for Plaintiff
13
LLP
95119
680-2426
362-2299
14
DRIVE
HENRIQUES,
CALIFORNIA (800)
(408)
15 ORDER
REALM
16
&; 7017 JOSE TELEPHONE:
FACSIMILE;
SAN
17 Good cause appearing, it is hereby ordered that the judgment entered 0n September 23, 2019,
HUNT
18 against JESUS MACIAS in the above-entitled action be set aside and that this matter is dismissed
19 without prejudice.
20 '
21 ”Blair W31“
Juflge ofth'e Supw'of C
‘
rt
22
23 RONALD JAY GI
24
25
26
27
28
Page 2
Exparte Application 10 Set Aside Judgment
ESAJ-F 5M2 \
l289333.001
Document Filed Date
November 07, 2022
Case Filing Date
October 25, 2018
Category
Rule 3.740 Collections -Reduced Filing Fee Limited
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Hunt & Henriques, LLP Donald Sherrill, Esq. #266038 N 701 7 Realm Drive SUPERIORFOthngQAUFOHNM San Jose’ CA 951 19 “W"°" MN “FNARD'NO Telephone: (800) 680-2426 Facsimile: (408) 362—2299 NOV 0 '7 2022 Attorneys for Plaintiff Debt collection license application pending. \OOOQQLn-bw SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT-CIVIL DIVISION — LIMITED CIVIL JURISDICTION 10 11 Portfolio Recovery Associates, LLC, 12 Plaintiff, Case No. CIVDSl 827784 13 v‘ LLP APPLICATION FOR ORDER TO SET 95119 ASIDE JUDGMENT DUE TO FRAUD AND 680-2426 362-2299 14 JESUS MACIAS, FOR DISMISSAL AND ORDER THEREON DRIVE HENRIQUES, 15 Defendant(s). CALIFORNIA (800) (408) REALM 16 & 7017 JOSE TELEPHONE: FACSIMILE: 17 HUNT SAN 18 Plaintiffhereby applies to the Court to set asidejudgment and the case be dismissed without 19 prejudice in the above-entitled matter. This application is made on the grounds that subsequent to 20 entry ofjudgment, Plaintiff was informed that the underlying account which is the subject of this 21 case was fraudulent, This application is based 0n the facts set fonh in the following declaration. 22' 23 DECLARATION 24 25 I, Anthony DiPiero, declare: 26 I am the attorney of record for PlaintiffPortfolio Recovery Associates, LLC in the above- 27 entitled action. 1, On September 23. 2019, Plaimiff obtained a defauhjudgment against defendant. Page 1 Exparte Application o Se Aside Jud ment E5” SW I g ”893330“ fWWIltlllllfflmllfllfiflfllflfl Iii"! MW"! 2. Subsequent to entry ofjudgment, Plaintiff was informed that the account which is the underlying subject of this case was fraudulent. Based 0n the foregoing, Plaintiff s counsel respectfully requests U‘I-bUJN that the Court set aside the judgment in the above—entitled matter and file the attached Dismissal without Prejudice. I declare under penalty ofperjury under the laws 0f the State of California that the foregoing and \OOOQQ is true correct. Executed on September 1, 2022, in San José, California. 10 11 Anthongl DiPiero 12 Hunt & Henriques, LLP Attorneys for Plaintiff 13 LLP 95119 680-2426 362-2299 14 DRIVE HENRIQUES, CALIFORNIA (800) (408) 15 ORDER REALM 16 &; 7017 JOSE TELEPHONE: FACSIMILE; SAN 17 Good cause appearing, it is hereby ordered that the judgment entered 0n September 23, 2019, HUNT 18 against JESUS MACIAS in the above-entitled action be set aside and that this matter is dismissed 19 without prejudice. 20 ' 21 ”Blair W31“ Juflge ofth'e Supw'of C ‘ rt 22 23 RONALD JAY GI 24 25 26 27 28 Page 2 Exparte Application 10 Set Aside Judgment ESAJ-F 5M2 \ l289333.001