Preview
71-CV-24-902
Filed in District Court
State of Minnesota
7/2/2024 2:15 PM
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF SHERBURNE TENTH JUDICIAL DISTRICT
Thomes Bail Bonds, Inc.,
Plaintiff,
vs. AFFIDAVIT OF
ELIZABETH A. VOUGHT
Rachel Ann Swanson &
Sean Patrick Miller,
Defendants.
Case Type: Civil / Judgment
Elizabeth A. Vought being first duly sworn upon oath, states and deposes the Court as follows:
1. Whereas, on February 17, 2024, the Defendants entered into agreement with Thomes Bail
Bonds, Inc. (Herein “Thomes”), which included Confession of Judgment in the total
amount of $100,000.
2. Whereas, on May 10, 2024, there was a breach of contract resulting from the lapse of
payment on a payment plan, issued on behalf of the Defendants’ relative, Nathaniel Allen
Hanson, to secure his release on a bail bond, whom the Defendant’s signed on behalf of,
as the Indemnitors.
3. Whereas, on June 27, 2024, there was another breach of contract resulting in a bond
revocation due to failure to appear, issued on behalf of the Defendants’ relative,
Nathaniel Allen Hanson, to secure his release on a bail bond, whom the Defendant’s
signed on behalf of, as the Indemnitors.
4. Whereas, as of the date of this affidavit, Thomes is filing Confession of Judgement in the
amount of $100,000 plus a filing fee of $295 against the Defendants, for a total of
$100,295.
Page 1 of 2
71-CV-24-902
Filed in District Court
State of Minnesota
7/2/2024 2:15 PM
I declare under penalty of perjury that everything that I have stated in this document is true
and correct. Minn. Stat. § 358.116.
Dated:__July 02, 2024______ ____/s/ Elizabeth A. Vought______
Signature
Name: _Elizabeth A. Vought_______________
Company: _Thomes Bail Bonds, Inc.______
Address: _PO Box 207_________________
City/State/Zip: _Buffalo, MN 55313______
Telephone: _763-682-6771______________
Page 2 of 2
Related Content
in Sherburne County
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 27, 2024 |
23CVG-00362
CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO
Case Number: 23CVG-00362
Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves
for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the
amount of $1,572.75 for each motion.
Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and
set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before
the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service
by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by
counting backwards from the hearing date but excluding the hearing date. CCP § 12c.
Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday
of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no
later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served
on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is
denied.
Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted.
Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract
Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be
imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification
has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or
issue sanctions. Without additional evidence, terminating sanctions would be premature.
The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the
denial.
Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this
matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is
necessary on today’s calendar to discuss available trial dates.
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 28, 2024 |
23CVG-00362
CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO
Case Number: 23CVG-00362
Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves
for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the
amount of $1,572.75 for each motion.
Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and
set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before
the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service
by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by
counting backwards from the hearing date but excluding the hearing date. CCP § 12c.
Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday
of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no
later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served
on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is
denied.
Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted.
Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract
Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be
imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification
has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or
issue sanctions. Without additional evidence, terminating sanctions would be premature.
The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the
denial.
Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this
matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is
necessary on today’s calendar to discuss available trial dates.
Ruling
CAPITAL ONE vs LIVELY, MELISSA
Jul 25, 2024 |
CV-23-007271
CV-23-007271 – CAPITAL ONE vs LIVELY, MELISSA – Plaintiff’s Motion for Judgment on the Pleadings – GRANTED WITHOUT LEAVE TO AMEND, and unopposed.
The Court GRANTS the request to take judicial notice of the June 11, 2024 order in this case deeming matters admitted. As a result of the order deeming matters admitted, Defendant has admitted the following: (1) Plaintiff issued to Defendant a Capital One card ending in -9518; (2) Defendant received periodic statements regarding the card charges and balance; (3) as of December 12, 2023, the balance owing on the account was $17,148.52; (4) no payments on the account have been made since December 12, 2023; and (5) the last payment on the account was made within the last three years.
Based on the admissions in the order and on the pleadings, the Court finds that the complaint states facts sufficient to constitute causes of action against the defendant, and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc., § 438(c)(1)(A).) Defendant, who did not oppose this motion, has not given the Court any reason to grant leave to amend. (Cf. Today's IV, Inc. v. Los Angeles County Metropolitan Transportation Authority (2022) 83 Cal.App.5th 1137, 1176, reh'g denied (Oct. 25, 2022), review denied (Jan. 18, 2023).)
Consequently, the unopposed motion is GRANTED WITHOUT LEAVE TO AMEND. The Court will sign the proposed order and the proposed judgment submitted by Plaintiff. Court trial date to be vacated.
Due to the interruption of telephone service as a result of an outage, any party requesting a hearing must make the request via email to the court clerk. If V-Court is not available and an in-person appearance is not possible, appearance must be via Zoom. Sign-up information for Zoom will be available on the court’s website.
Ruling
Sierra Central Credit Union vs. Goodwin
Jul 25, 2024 |
23CVG-00253
SIERRA CENTRAL CREDIT UNION VS. GOODWIN
Case Number: 23CVG-00253
This matter is on calendar for review regarding status of bankruptcy. Plaintiff filed a Case Management Statement
informing the Court that the stay is still in effect. The matter is continued to Tuesday, January 23, 2025 at 9:00
a.m. in Department 63 for status of bankruptcy. No appearance is necessary on today’s calendar.
Ruling
BANK OF AMERICA N.A. vs BERNAL
Jul 28, 2024 |
CVSW2401671
BANK OF AMERICA N.A. VS MOTION FOR ORDER TO DEEM RFA’S
CVSW2401671
BERNAL ADMITTED BY BANK OF AMERICA N.A.
Tentative Ruling: Motion is unopposed. Motion is GRANTED. Requests for Admission
propounded on April 12, 2024 are deemed admitted. Court to sign proposed order.
Ruling
DISCOVER BANK vs CERVANTES
Jul 27, 2024 |
Frank Anthony Moschetti |
CVCO2300997
DISCOVER BANK VS MOTION TO BE RELIEVED AS COUNSEL
CVCO2300997
CERVANTES FOR CAROLINA CERVANTES
Tentative Ruling: No tentative ruling will be issued.
Ruling
SYNCHRONY BANK vs FUENTES
Jul 28, 2024 |
CVSW2400741
MOTION FOR ORDER TO DEEM
SYNCHRONY BANK VS
CVSW2400741 MATTERS ADMITTED BY SYNCHRONY
FUENTES BANK
Tentative Ruling: Motion is unopposed. Motion is GRANTED. Requests for Admission
propounded on March 21, 2024 are deemed admitted. Court to sign proposed order.
Ruling
Cavalry Spv I, Llc vs Federico Ochoa, Senior
Jul 24, 2024 |
19CV-04296
19CV-04296 Calvary Spv I v. Federica Ochoa, Senior
Motion for Judgment on the Pleadings
Appearance required. Parties who wish to appear remotely must contact the clerk of the
court at (209) 725-4111 to seek permission and arrange for a remote appearance. Given
the prior October 28, 2020, order of this Court that Requests for Admission be Deemed
admitted, the Court is inclined Grant the Motion for Judgment on the Pleadings.
Case Management Conference
Appearance required. Parties who wish to appear remotely must contact the clerk of the
court at (209) 725-4111 to seek permission and arrange for a remote appearance. If the
Motion for Judgment on the Pleadings is granted the case management conference will
be dropped from calendar as moot,
Preview
71-CV-24-902 Filed in District Court State of Minnesota 7/2/2024 2:15 PM STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF SHERBURNE TENTH JUDICIAL DISTRICT Thomes Bail Bonds, Inc., Plaintiff, vs. AFFIDAVIT OF ELIZABETH A. VOUGHT Rachel Ann Swanson & Sean Patrick Miller, Defendants. Case Type: Civil / Judgment Elizabeth A. Vought being first duly sworn upon oath, states and deposes the Court as follows: 1. Whereas, on February 17, 2024, the Defendants entered into agreement with Thomes Bail Bonds, Inc. (Herein “Thomes”), which included Confession of Judgment in the total amount of $100,000. 2. Whereas, on May 10, 2024, there was a breach of contract resulting from the lapse of payment on a payment plan, issued on behalf of the Defendants’ relative, Nathaniel Allen Hanson, to secure his release on a bail bond, whom the Defendant’s signed on behalf of, as the Indemnitors. 3. Whereas, on June 27, 2024, there was another breach of contract resulting in a bond revocation due to failure to appear, issued on behalf of the Defendants’ relative, Nathaniel Allen Hanson, to secure his release on a bail bond, whom the Defendant’s signed on behalf of, as the Indemnitors. 4. Whereas, as of the date of this affidavit, Thomes is filing Confession of Judgement in the amount of $100,000 plus a filing fee of $295 against the Defendants, for a total of $100,295. Page 1 of 2 71-CV-24-902 Filed in District Court State of Minnesota 7/2/2024 2:15 PM I declare under penalty of perjury that everything that I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated:__July 02, 2024______ ____/s/ Elizabeth A. Vought______ Signature Name: _Elizabeth A. Vought_______________ Company: _Thomes Bail Bonds, Inc.______ Address: _PO Box 207_________________ City/State/Zip: _Buffalo, MN 55313______ Telephone: _763-682-6771______________ Page 2 of 2