Stipulation,Agreement: SUPERIOR COURT vs. Fay Servicing

• 
• 
• 
• 

						
                                
Preview
                                Sarah Shapero (Bar No. 281748)
       SHAPERO LAW FIRM
       One Market, Spear Tower, 36" Floor
       San Francisco, California 94105
       Telephone:        (415) 293-7995
       Facsimile:        (415) 358-4116

      Attorney for Plaintiffs,
      HECTOR CEREZO
      AIDA CEREZO


                             SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                              COUNTY OF SANTA CLARA


           HECTOR        CEREZO,    an individual; and AIDA | Case No.:      19CV352883
 10        CEREZO, an individual.
                                                                  JOINT STIPULATION REGARDING
 11                        Plaintiff,                             FILING OF THE FIRST AMENDED
                                                                  COMPLAINT
 12                Vv.


 13        FAY SERVICING, LLC; BARRETT DAFFIN | ACTION FILED: August 15, 2019
           FRAPPIER       TREDER        &   WEISS,   LLP;   and
14         DOES 1-50, inclusive

15         Defendant

16
                 Plaintiffs HECTOR CEREZO and AIDA CEREZO (“Plaintiffs”) and Defendant FAY
17
      SERVICING, LLC (“Defendant”) and hereby stipulate as follows:
18
                 WHEREAS, this matter was filed on August 15, 2019;
19
                 WHEREAS, Defendant Fay Servicing, LLC filed a Demurrer to the Complaint on
20
      September 16, 2019 accompanied by a Request for Judicial Notice, Declaration in Support and
21
      Proof of Service, setting a hearing date for November 14, 2019;
22
                WHEREAS, for unknown reasons, Plaintiff did not receive the Demurrer and
23
      accompanying documents;
24
                WHEREAS, the parties have agreed to allow Plaintiff to file a First Amended Complaint
25
      forthwith;
26
      Mt
27
      Mt
28

                                                              1
                                   JOINT STIPULATION REGARDING THE FIRST AMENDED COMPLAINT
STIPULATION

            The parties stipulate and allow Plaintiff to file a First Amended Complaint after the

     deadline to file a First Amended Complaint prior to the Demurrer has expired.


      Dated: November12, 2019                     SHAPERO LAW FIRM



                                                  B               J    Ob
                                                      'Garah Shay pero
                                                          Attorneys for Plaintiffs


      Dated: November [201 9                      KIRBY & MCGUINN, A P.C.
10



                                                  > pa lO
11

12
                                                              rneys for Defendants
13

14

15

16

17

18

19

20

21

22

23
24

25

26

27

28

                                                      2
                           JOINT STIPULATION REGARDING THE FIRST AMENDED COMPLAINT