On July 30, 2018 a
Party Statement
was filed
involving a dispute between
Lobel Financial Corp. A California Corporation,
and
Ashby-Woods, Gloria L,
Woods, Oliver,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
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1 Gary Dean Lobel CBN 1d5983
Ronald J Green Jr CBN 177Q43
SUP s s t 3 v d lF4 l l
Shiao Wen Huang CBN 211357
7 J s
E s4 r
V a
1150 N Magnolia Avenue A r rc
Anaheim CA 92 O1 2605
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714 995 3333
4 s
Attozneys far Plaintiff
5
L OBEL FINANCIAL CORPORATION
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7
SUPERIOR COURT OF CALIFORNIA
SAN BERNARDINQ JUSTICE CENTER
9
10
LOBEL FINANCIAL CORP Case No CIVDS1819 42
alifornia Corporation
11
2
Plaintif Declaratian Shiloy Krause ta C C P
vs 1033
13
GLORIA L ASHBY WOODS
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15
16
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Does 1 to 10
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19 Defendant s
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I Shiloy Krause declare
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l I am the Assis ant Legal Department Manager at Lobel Financial Corp anci have
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been so employed in the Zegal Department since July 18 2003 I am fully
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familiar with all of the acccsunts and procedures at Label Financial Corp 2 am
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familiar with the Books and Records o Lobel Financial Carporation The
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documents are rnade in the normal cour e of business by a person with a business
26
duty to do so The documents are relied upon by the employees of Lobel
27
Financial Corporation so that it may cancluct its day to day business
28
Lobel
aneiat
ation
17eclaration of Shiloy Krause Pursuant to CCP 1Q33
i
1 2 Code a Civil Pracedure Section 1033 provities as follaws
2 Cal Cade Civ Prac 1433 241Q
1033 Diseretion of courk where judgment could have been rendered in lirnited civil case
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a Costs ar any portion of claimed casts shall be as determined by the caurt in its discretion in a case other
4
than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that
could have been rendered in a limited civil case
5
b When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as he
maximum limitation upon the jurisdiction of the smal claims court the following shall apply
6
1 When the party could have brought the action in the small claims division but did not do so the court
7 maY in its diseretion a ow or deny costs to the prevailing party or may atlpw costs in part in any amount as
it deems proper
8
2 When the party could not have braught the actian in the sma11 claims court casts and necessary
disbursements shall be limiked to the actual cost of the filing fee the actual cost of service of process and
9
when otherwise specifically allowed by law reasanable attorneys fees However those costs shall only be
awarded ta the plaintiff if the court is satisfied that prior to the eammencement of the action the plaintiff
10 informed the defendant in writing af the intended legal action against the defendant and that legal actian
could result in a judgment against the defendant that would include he costs and necessaty disbursernents
allowed bythis paragraph
Z1
3 Pursuant to CCP 1033 b 2 Plaintiff Lobel Financial informed
2
section Corp
he defendants an or abaut 06 25 18 that it intended to commence legal action
13
i the defendants did not make up the delinquen payments on their accaunt A
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copy of said letter is attached hereto as Exhibit A
5
4 In the letter attached ae Exhibit A Plaintiff informed defendants that if
6
legal action was taken it could result in a judgmen against defendants which
l
would include ecrurt casts and attorneys fees
18
lg
I declare untier penalty of per ury undar the laws af the State of Califarnia
that the is true if to testify thereto I could
Q foregoing and correct and called
and would do o campetently Executed Navember 16 2018 at Anaheim California
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23
Lc
Shi Rr e
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I obel
Financia
eclaration af 8hiloy Krause Pursuant ta CCP 1033
Corporation
2
Document Filed Date
November 26, 2018
Case Filing Date
July 30, 2018
Category
Rule 3.740 Collections $10,000 or Less Limited
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f k 1 Gary Dean Lobel CBN 1d5983 Ronald J Green Jr CBN 177Q43 SUP s s t 3 v d lF4 l l Shiao Wen Huang CBN 211357 7 J s E s4 r V a 1150 N Magnolia Avenue A r rc Anaheim CA 92 O1 2605 3 714 995 3333 4 s Attozneys far Plaintiff 5 L OBEL FINANCIAL CORPORATION 6 7 SUPERIOR COURT OF CALIFORNIA SAN BERNARDINQ JUSTICE CENTER 9 10 LOBEL FINANCIAL CORP Case No CIVDS1819 42 alifornia Corporation 11 2 Plaintif Declaratian Shiloy Krause ta C C P vs 1033 13 GLORIA L ASHBY WOODS 14 15 16 17 Does 1 to 10 18 19 Defendant s 20 I Shiloy Krause declare 21 l I am the Assis ant Legal Department Manager at Lobel Financial Corp anci have 22 been so employed in the Zegal Department since July 18 2003 I am fully 23 familiar with all of the acccsunts and procedures at Label Financial Corp 2 am 24 familiar with the Books and Records o Lobel Financial Carporation The 25 documents are rnade in the normal cour e of business by a person with a business 26 duty to do so The documents are relied upon by the employees of Lobel 27 Financial Corporation so that it may cancluct its day to day business 28 Lobel aneiat ation 17eclaration of Shiloy Krause Pursuant to CCP 1Q33 i 1 2 Code a Civil Pracedure Section 1033 provities as follaws 2 Cal Cade Civ Prac 1433 241Q 1033 Diseretion of courk where judgment could have been rendered in lirnited civil case 3 a Costs ar any portion of claimed casts shall be as determined by the caurt in its discretion in a case other 4 than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case 5 b When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as he maximum limitation upon the jurisdiction of the smal claims court the following shall apply 6 1 When the party could have brought the action in the small claims division but did not do so the court 7 maY in its diseretion a ow or deny costs to the prevailing party or may atlpw costs in part in any amount as it deems proper 8 2 When the party could not have braught the actian in the sma11 claims court casts and necessary disbursements shall be limiked to the actual cost of the filing fee the actual cost of service of process and 9 when otherwise specifically allowed by law reasanable attorneys fees However those costs shall only be awarded ta the plaintiff if the court is satisfied that prior to the eammencement of the action the plaintiff 10 informed the defendant in writing af the intended legal action against the defendant and that legal actian could result in a judgment against the defendant that would include he costs and necessaty disbursernents allowed bythis paragraph Z1 3 Pursuant to CCP 1033 b 2 Plaintiff Lobel Financial informed 2 section Corp he defendants an or abaut 06 25 18 that it intended to commence legal action 13 i the defendants did not make up the delinquen payments on their accaunt A 14 copy of said letter is attached hereto as Exhibit A 5 4 In the letter attached ae Exhibit A Plaintiff informed defendants that if 6 legal action was taken it could result in a judgmen against defendants which l would include ecrurt casts and attorneys fees 18 lg I declare untier penalty of per ury undar the laws af the State of Califarnia that the is true if to testify thereto I could Q foregoing and correct and called and would do o campetently Executed Navember 16 2018 at Anaheim California 21 22 23 Lc Shi Rr e 24 25 26 27 28 I obel Financia eclaration af 8hiloy Krause Pursuant ta CCP 1033 Corporation 2