Preview
Lina M. Michael, Esq.; SBN: (237842)
Christina Rymsza, Esq.; SBN: (233631)
Brian P. McGurk, Esq.; SBN: (250091)
MICHAEL 4 ASSOCIATES, PC 7/28/2020
555 St. Charles Drive, Suite 204
Thousand Oaks, California 91360
Telephone: (855) 785-4705
Facsimile: (805) 379-8525
Attorneys for Plaintiff
AMERICAN EXPRESS NATIONAL BANK
Our File Number: 19071670
Defendant's Information For Record:
Nikki Faris, Esq.
2607 Forset Ave ¹120
Chico CA, 95928
10 Telephone Number: (530) 898-1488
Attorney for Defendant,
Ramon Hill
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 FOR THE COUNTY OF BUTTE
15 UNLIMITED CIVIL CASE
16 AIvKRICAN EXPRESS NATIONAL BANK, Case No.: 19CV02269
Successor by Merger to American Express
17 Bank, FSB, STIPULATION FOR CONDITIONAL
18
ENTRY OF JUDGMENT
Plaintiff,
19 C.C.P. g 664.6
vs.
20 Complaint Filed: July 25, 2019
RAMON HILL, aka RAMON TOMAS HILL,
21 aka RAY HILL, an individual; RENASCI
22 LLC, a California Limited Liability Company,
an individual; Does 1 through 20, inclusive.
23
Defendants.
24
25 IT IS HEREBY STIPULATED AND AGREED:
26 Certain disputes and differences have arisen between the parties concerning
27 AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank,
28 FSB's claim that there are alleged monies due and owing for unpaid credit card services for
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6
1
1 account number XXXX-EOGOK-X2008, and that the amount of the outstanding balance due
2 is $ 191,341.78.
It is now the desire of the respective parties hereto to resolve this dispute, without any
4 admission of liability or fault.
Now, therefore, in pursuance of this desire Plaintiff, AMERICAN EXPRESS
6 NATIONAL BANK, Successor by Merger to American Express Bank, FSB, and Defendants,
7 RAMON HILL, aka RAMON TOMAS HILL, aka RAY HILL, an individual; RENASCI LLC,
8 a California Limited Liability Company, stipulate as follows:
a. Defendants'ignatures on this Stipulation are due in this office, on or before
10 October 3,2019.
b. Defendants further agree their one time first appearance fee in the amount of
12 $ 435.00 for each Defendant will be processed via electronic check or shall be made payable
13 to the "Clerk of the Court" and mailed to Michael & Associates by October 25, 2019.
c. Payments may be deducted monthly through Plaintiffs counsel's automatic
15 withdrawaVcheck by phone system, or payments may be made by wire transfer, check, cashier'
16 check or online at h s://www.americanex ress.com or h s://www.arsiweb a .com/. Checks
17 and cashier's checks should be made payable to "American Express" and mailed to Michael &
18 Associates, PC at 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. If you
19 make a payment through Plaintiff s counsel's automatic withdrawal/check by phone system,
20 said checking information must be submitted to this office the day before the first payment is
21 due. If any payment is returned twice for insufficient funds all future payments will be required
22 to be made by a cashier's check or wire. If you make a payment via wire transfer, you must
23 contact Michael & Associates, PC, and confirm that such payment has been made and advise us
24 of the date and amount of the payment.
25 1. Plaintiff shall recover from Defendants the sum of $ 120,000.00 (see table below), to
26 be paid as follows or this agreement shall be null and void:
27 ///
28 ///
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6
2
Total principal at time of suit: $ 191,341.78
Court costs: $ 548.85
Credits/adjustments: ($ 0.50)
Total settlement forgiveness: $ 71 890.13
Total due at time of stipulation: l~999jlQ
Pa ment Schedule inimum due each month:
September 28, 2019 $ 3,333.33
October 28, 2019 $ 3,333.33
November 28, 2019 $ 3,333.33
December 2S, 2019 $ 3,333.33
January 28, 2020 $ 3,333.33
February 28, 2020 $ 3,333.33
March 28, 2020 $ 3,333.33
10
April 28, 2020 $ 3,333.33
May 28, 2020 $ 3,333.33
June 28, 2020 $ 3,333.33
12
July 28, 2020 $ 3,333.33
13 August 28, 2020 $ 3,333.33
September 28, 2020 $ 3,333.33
14
October 28, 2020 $ 3,333.33
15 November 28, 2020 $ 3,333.33
December 28, 2020 $3,333.33
16 January 2S, 2021 $ 3,333.33
17 February 2S, 2021 $ 3,333.33
March 28, 2021 $ 3,333.33
18 April 28, 2021 $ 3,333.33
19 May 28, 2021 $ 3,333.33
June 28, 2021 $ 3,333.33
20 July 28, 2021 $ 3,333.33
21 August 28, 2021 $ 3,333.33
September 28, 2021 $ 3,333.33
22 October 2S, 2021 $ 3,333.33
23
November 28, 2021 $ 3,333.33
December 28, 2021 $ 3,333.33
24 January 28, 2022 $ 3,333.33
February 28, 2022 $ 3,333.33
25
March 2S, 2022 $ 3,333.33
26 April 28, 2022 $ 3,333.33
May 28, 2022 $3,333.33
27
June 28, 2022 $ 3,333.33
28 July 28, 2022 $ 3,333.33
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6
3
August 28, 2022 $ 3,333.45
2. Failing to make any payment on time or should any payment be refused or returned
by the bank upon which it is drawn, Defendants shall be in default under the terms of this
Stipulation. Defendants shall be notified of such default in writing by email sent to
OFFICE NFARRISLAW.COM, and is permitted to cure the default within seven (7) days of
the date of the notice. If Defendants fail to cure the default, Plaintiff may then obtain a
judgment pursuant to Code of Civil Procedure 664.6 for the entire balance owed by
Defendants in the amount of $ 191,341.78, plus court costs expended, less any payments made
to date and may execute on the judgment after entry, upon ex-parte or regular noticed motion.
10 3. The parties acknowledge that they are familiar with the provisions of ~Cali ornia
Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party
12
13 does not know or suspect to exist in his or her favor at the time of executing the release
14 and that, if known by him or her, would have materially affected his or her settlement
with the debtor or released party."
15
16
purpose
Th.
of implementing
de
a full and complete
fc~ti
release
i
and
Gods]
discharge of all claims,
.
the
os
Parties
17
18 expressly acknowledge that this Stipulation also is intended to include in its effect, without
19 limitation, and that the mutual releases will apply to, without limitation, all claims that they do
20 not know or expect to exist in their favor as of the date hereof and that this Stipulation
contemplates and provides for the extinguishment of any and all such claims.
22 The Parties hereby release and absolutely and forever discharge each other, and their
23 respective agents and attorneys, of and from any and all claims, demands, damages, debts,
24 liabilities, accounts, obligations, costs, expenses, liens, actions and causes of action, of every
25 kind and nature (including claims for invasion of privacy, claims arising under the federal Fair
26 Debt Collection Practices Act, claims arising under the California Rosenthal Fair Debt
27 Collection Practices Act, claims arising under the Gramm Leach Bliley Act (aka the Financial
28 Services Modernization Act), claims arising under the Fair Credit Reporting Act, and claims
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6
4
1 arising under any Consumer Fraud Act), whether known or unknown, suspected or unsuspected,
2 which either party now has, owns or holds, or at any time heretofore ever had owned or held, or
3 could own or hold, based on, related to, or by reason of any of the relations which created the
4 underlying claims of this action. This waiver shall also specifically apply to the collections
5 activities of Michael 4 Associates, PC, and its employees, regarding the AMEX account(s)
6 specified above. This waiver shall only apply to claims, demands, damages, debts, liabilities,
7 accounts, obligations,
falsi
costs,
I 'Bi
expenses,
8'8 '6'
liens, actions and causes of action
f~Lli i
arising
Cii
prior to
dS
the
9 1542 shall only pertain to the AMEX account(s) specified above, and to no other accounts.
10 For the good and valuable consideration as set forth herein, Defendant(s) agree(s) to an
hereby does release Plaintiff(s) and its affiliated companies (including but not limited to,
12 American Express Company; American Express Travel Related Services Company, Inc.
13 American Express Centurion Bank; and American Express Bank, FSB), their directors, officers
14 agents, employees, representatives, servants, attorneys, predecessors, successors, assigns
15 subsidiaries, parent, and affiliated entities, from any and all claims, actions, causes of action
16 demands, liabilities, or obligations of any nature or kind, whether at present known or unknown
17 upon or by reason of any damage, loss or injury, which heretofore has been or which hereafte
18 may be sustained by the undersigned, or for any other matters whatsoever from the beginning o
19 the world to this date, including, but not limited to, the subject matter of the Action.
20 4. The parties signing this Stipulation agree that this court reserve personal and subject
21 matter jurisdiction over the parties to this case to enforce the settlement until the settlement has
22 been fully performed pursuant to Code of Civil Procedure 664.6. Parties further agree that this
23 matter may be dismissed pursuant to Code of Civil Procedure 664.6.
24 5. Plaintiff, through its counsel of record, shall file a fully-executed copy of this
25 Stipulation for Conditional Entry of Judgment. It is further stipulated and agreed by the parties
26 hereto that should Defendant pay all sums required pursuant to this Stipulation, Plaintiff,
27 through its counsel of record, shall file a Request for Dismissal with Prejudice of the above-
28
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. g 664.6
5
captioned action within 30 days of clearance of the final payment and shall not attempt to obtain
a judgment.
6. Defendants waive any and all rights to a trial by court or jury; to notice, hearing,
and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of
law; to appeal, to seek to nullify, to seek statutory or equitable relief or excuse &om or
otherwise challenge any provision of this Stipulation and any judgment or other court order
sought, obtained, entered and/or enforced in any way related thereto, including, but not limited
to, any motion addressed to the Court pursuant to Code of Civil Procedure 473, or any other
provision of law, equity, or other asserted power of the Court; to assert any argument or reason
10 or excuse for non-performance; and to assert partial or substantial performance in lieu of exact
performance.
12 7. In the event that any of the provisions of this Stipulation or any portion thereof is
13 held by a court of competent jurisdiction to be unenforceable and invalid, the validity and
enforceability of the enforceable portion of any such provision and of the remaining provisions
15 shall not be adversely affected.
16 8. This Stipulation is enforceable, binding and admissible in a court of law.
17 9. This Stipulation may be signed in counterparts.
18 10. Any signature on this Stipulation via facsimile, e-signature or scanned document
19 transmitted over e-mail shall be deemed as original.
20 ll. This Stipulation is limited to AMERICAN EXPRESS NATIONAL BANK,
21 Successor by Merger to American Express Bank, FSB, for account number XIX-X30000:-
22 X2008, for the above-entitled action only.
23
**NO FURTHER TEXT ON THIS PAGE — SIGNATURES ON PAGE 6**
24
25
26
27
28
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6
6
THK SIGNATURES SKI 0%'NDICATK THIS STIPUI ATION HAS SKKN KNTKRK9
BET%BEN AMERICAN EXPRESS NATIONAL BANK AND RAMGN HILL AN
RENASCI LLC:
DATED; AMERICAN EXPRESS NATIONAL BANK,
Successor by Merger to American Express Sank,
FSB
BY:
NOUBAR ASSADOURIAN,
Agent for Plaintiff
AMERICAN EXPRESS NATIONAL
BANK
RAMON HILL, aka RAMGN TOMAS HILL, aka
RAY HILL an lndiv1dual
10
(6/i/M/$
BY
12 RAMO HIL
Defendant
DATED RENASCI LLC, a California Limited Liability
COQlpan
NAME
TITLE: Q~
APPROVED ~ TO FON/f AND CONTEXT;
DATED: MICHAEL 8: ASSOCIATES, PC
20
BRIAN MCGURK,
Attorney for Plaintiff
AMERICAN EXPRESS NATIONAL
BANK
DATED LAW OFFICE OF NIKKI FARRIS
I FARMS,
Attorney for Defendants
RAMON HILL
RENASCI LLC
STIPULATION FOR CONDITIQNAL ENTRY OF JUDGMENT C.C.P. $ 664.6
7
THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED
BETWEEN AMERICAN EXPRESS NATIONAL BANK AND RAMON HILL AN
RENASCI LLC:
DATED: CI p jg $ AMERICAN EXPRESS NATIONAL BANK,
Successor by Merger to American Express Bank,
FSB
NOUBAR ASS RIAN,
Agent for Plainti
AMERICAN EXPRESS NATIONAL
BANK
DATED: RAMON HILL, aka RAMON TOMAS HILL, aka
RAY HILL, an individual
BY:
12 RAMON HILL
Defendant
13
DATED: RENASCI LLC, a California Limited Liability
Company,
15
BY:
NAME:
TITLE:
17
APPROVED AS TO FORM AND CONTENT:
19 DATED:
~f/~/ yf MICHAEL ErASSOCIATES, PC
2P
21
BRIAN MCGURK,
22 Attorney for Plaintiff
AMERICAN EXPRESS NATIONAL
23 BANK
24 DATED: LAW OFFICE OF NIKKI FARRIS
25
BY:
NIKKI FARRIS,
27 Attorney for Defendants
RAMON HILL
28 RENASCI LLC
STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $664.6
7
PROOF OF SERVICE
I, the undersigned, declare:
I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a
party to the within action. I am an employee of the law firm of Michael k Associates, and my business
address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360.
illSIM ,I caused to be served the following document(s):
~ STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT
~ PROPOSED ORDER FOR ENTRY OF STIPULATION FOR CONDITIONAL ENTRY
OF JUDGMENT AND DISMISSAL PURSUANT TO C.C.P. 664.6
~ gRM~B CO~ dl.5&lOAl O4 A P&naSGI LLC
on the parties involved addresses as follows:
office nfarrislaw.corn
10
BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of
each addressee above.
12 BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the
envelope for collection and mailing following our ordinary business practices. I am readily familiar with
13 this business's practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it isdeposited in the ordinary course of business
14 with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage
fully prepaid. I understand that service shall be presumed invalid upon motion of a party served if the
15 meter date on the envelope is more than one day after the date of
postal cancellation date or postage
16 deposit for mailing contained on this declaration.
17 BY FACSIMILE: By use of facsimile machine telephone number (805) 728-6266, I served a copy
of the within document on the above interested parties at the facsimile number(s) listed above on this date
before 5:00 p.m.
19 BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I am "readily familiar" with the firm's
practice of collection and processing correspondence for Federal Express. Under that practice, it would
20 be picked up by a representative on that same day, in the ordinary course of business and would be
delivered the next business.
21
22 XX BY ELECTRONIC MAIL:By use of my email address
katelyn.hoffman@michaellegalgroup.corn, I served a copy of the within document on the above
23 interested parties at the email address listed above on this date before 5:00 p.m. Pacific Standard Time.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
25
EXECUTED: and aks, California.
26
27
FF
PROOF OF SERVICE
Preview
Lina M. Michael, Esq.; SBN: (237842) Christina Rymsza, Esq.; SBN: (233631) Brian P. McGurk, Esq.; SBN: (250091) MICHAEL 4 ASSOCIATES, PC 7/28/2020 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 Telephone: (855) 785-4705 Facsimile: (805) 379-8525 Attorneys for Plaintiff AMERICAN EXPRESS NATIONAL BANK Our File Number: 19071670 Defendant's Information For Record: Nikki Faris, Esq. 2607 Forset Ave ¹120 Chico CA, 95928 10 Telephone Number: (530) 898-1488 Attorney for Defendant, Ramon Hill 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF BUTTE 15 UNLIMITED CIVIL CASE 16 AIvKRICAN EXPRESS NATIONAL BANK, Case No.: 19CV02269 Successor by Merger to American Express 17 Bank, FSB, STIPULATION FOR CONDITIONAL 18 ENTRY OF JUDGMENT Plaintiff, 19 C.C.P. g 664.6 vs. 20 Complaint Filed: July 25, 2019 RAMON HILL, aka RAMON TOMAS HILL, 21 aka RAY HILL, an individual; RENASCI 22 LLC, a California Limited Liability Company, an individual; Does 1 through 20, inclusive. 23 Defendants. 24 25 IT IS HEREBY STIPULATED AND AGREED: 26 Certain disputes and differences have arisen between the parties concerning 27 AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank, 28 FSB's claim that there are alleged monies due and owing for unpaid credit card services for STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 1 1 account number XXXX-EOGOK-X2008, and that the amount of the outstanding balance due 2 is $ 191,341.78. It is now the desire of the respective parties hereto to resolve this dispute, without any 4 admission of liability or fault. Now, therefore, in pursuance of this desire Plaintiff, AMERICAN EXPRESS 6 NATIONAL BANK, Successor by Merger to American Express Bank, FSB, and Defendants, 7 RAMON HILL, aka RAMON TOMAS HILL, aka RAY HILL, an individual; RENASCI LLC, 8 a California Limited Liability Company, stipulate as follows: a. Defendants'ignatures on this Stipulation are due in this office, on or before 10 October 3,2019. b. Defendants further agree their one time first appearance fee in the amount of 12 $ 435.00 for each Defendant will be processed via electronic check or shall be made payable 13 to the "Clerk of the Court" and mailed to Michael & Associates by October 25, 2019. c. Payments may be deducted monthly through Plaintiffs counsel's automatic 15 withdrawaVcheck by phone system, or payments may be made by wire transfer, check, cashier' 16 check or online at h s://www.americanex ress.com or h s://www.arsiweb a .com/. Checks 17 and cashier's checks should be made payable to "American Express" and mailed to Michael & 18 Associates, PC at 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. If you 19 make a payment through Plaintiff s counsel's automatic withdrawal/check by phone system, 20 said checking information must be submitted to this office the day before the first payment is 21 due. If any payment is returned twice for insufficient funds all future payments will be required 22 to be made by a cashier's check or wire. If you make a payment via wire transfer, you must 23 contact Michael & Associates, PC, and confirm that such payment has been made and advise us 24 of the date and amount of the payment. 25 1. Plaintiff shall recover from Defendants the sum of $ 120,000.00 (see table below), to 26 be paid as follows or this agreement shall be null and void: 27 /// 28 /// STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 2 Total principal at time of suit: $ 191,341.78 Court costs: $ 548.85 Credits/adjustments: ($ 0.50) Total settlement forgiveness: $ 71 890.13 Total due at time of stipulation: l~999jlQ Pa ment Schedule inimum due each month: September 28, 2019 $ 3,333.33 October 28, 2019 $ 3,333.33 November 28, 2019 $ 3,333.33 December 2S, 2019 $ 3,333.33 January 28, 2020 $ 3,333.33 February 28, 2020 $ 3,333.33 March 28, 2020 $ 3,333.33 10 April 28, 2020 $ 3,333.33 May 28, 2020 $ 3,333.33 June 28, 2020 $ 3,333.33 12 July 28, 2020 $ 3,333.33 13 August 28, 2020 $ 3,333.33 September 28, 2020 $ 3,333.33 14 October 28, 2020 $ 3,333.33 15 November 28, 2020 $ 3,333.33 December 28, 2020 $3,333.33 16 January 2S, 2021 $ 3,333.33 17 February 2S, 2021 $ 3,333.33 March 28, 2021 $ 3,333.33 18 April 28, 2021 $ 3,333.33 19 May 28, 2021 $ 3,333.33 June 28, 2021 $ 3,333.33 20 July 28, 2021 $ 3,333.33 21 August 28, 2021 $ 3,333.33 September 28, 2021 $ 3,333.33 22 October 2S, 2021 $ 3,333.33 23 November 28, 2021 $ 3,333.33 December 28, 2021 $ 3,333.33 24 January 28, 2022 $ 3,333.33 February 28, 2022 $ 3,333.33 25 March 2S, 2022 $ 3,333.33 26 April 28, 2022 $ 3,333.33 May 28, 2022 $3,333.33 27 June 28, 2022 $ 3,333.33 28 July 28, 2022 $ 3,333.33 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 3 August 28, 2022 $ 3,333.45 2. Failing to make any payment on time or should any payment be refused or returned by the bank upon which it is drawn, Defendants shall be in default under the terms of this Stipulation. Defendants shall be notified of such default in writing by email sent to OFFICE NFARRISLAW.COM, and is permitted to cure the default within seven (7) days of the date of the notice. If Defendants fail to cure the default, Plaintiff may then obtain a judgment pursuant to Code of Civil Procedure 664.6 for the entire balance owed by Defendants in the amount of $ 191,341.78, plus court costs expended, less any payments made to date and may execute on the judgment after entry, upon ex-parte or regular noticed motion. 10 3. The parties acknowledge that they are familiar with the provisions of ~Cali ornia Civil Code Section 1542, which provides as follows: "A general release does not extend to claims that the creditor or releasing party 12 13 does not know or suspect to exist in his or her favor at the time of executing the release 14 and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 15 16 purpose Th. of implementing de a full and complete fc~ti release i and Gods] discharge of all claims, . the os Parties 17 18 expressly acknowledge that this Stipulation also is intended to include in its effect, without 19 limitation, and that the mutual releases will apply to, without limitation, all claims that they do 20 not know or expect to exist in their favor as of the date hereof and that this Stipulation contemplates and provides for the extinguishment of any and all such claims. 22 The Parties hereby release and absolutely and forever discharge each other, and their 23 respective agents and attorneys, of and from any and all claims, demands, damages, debts, 24 liabilities, accounts, obligations, costs, expenses, liens, actions and causes of action, of every 25 kind and nature (including claims for invasion of privacy, claims arising under the federal Fair 26 Debt Collection Practices Act, claims arising under the California Rosenthal Fair Debt 27 Collection Practices Act, claims arising under the Gramm Leach Bliley Act (aka the Financial 28 Services Modernization Act), claims arising under the Fair Credit Reporting Act, and claims STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 4 1 arising under any Consumer Fraud Act), whether known or unknown, suspected or unsuspected, 2 which either party now has, owns or holds, or at any time heretofore ever had owned or held, or 3 could own or hold, based on, related to, or by reason of any of the relations which created the 4 underlying claims of this action. This waiver shall also specifically apply to the collections 5 activities of Michael 4 Associates, PC, and its employees, regarding the AMEX account(s) 6 specified above. This waiver shall only apply to claims, demands, damages, debts, liabilities, 7 accounts, obligations, falsi costs, I 'Bi expenses, 8'8 '6' liens, actions and causes of action f~Lli i arising Cii prior to dS the 9 1542 shall only pertain to the AMEX account(s) specified above, and to no other accounts. 10 For the good and valuable consideration as set forth herein, Defendant(s) agree(s) to an hereby does release Plaintiff(s) and its affiliated companies (including but not limited to, 12 American Express Company; American Express Travel Related Services Company, Inc. 13 American Express Centurion Bank; and American Express Bank, FSB), their directors, officers 14 agents, employees, representatives, servants, attorneys, predecessors, successors, assigns 15 subsidiaries, parent, and affiliated entities, from any and all claims, actions, causes of action 16 demands, liabilities, or obligations of any nature or kind, whether at present known or unknown 17 upon or by reason of any damage, loss or injury, which heretofore has been or which hereafte 18 may be sustained by the undersigned, or for any other matters whatsoever from the beginning o 19 the world to this date, including, but not limited to, the subject matter of the Action. 20 4. The parties signing this Stipulation agree that this court reserve personal and subject 21 matter jurisdiction over the parties to this case to enforce the settlement until the settlement has 22 been fully performed pursuant to Code of Civil Procedure 664.6. Parties further agree that this 23 matter may be dismissed pursuant to Code of Civil Procedure 664.6. 24 5. Plaintiff, through its counsel of record, shall file a fully-executed copy of this 25 Stipulation for Conditional Entry of Judgment. It is further stipulated and agreed by the parties 26 hereto that should Defendant pay all sums required pursuant to this Stipulation, Plaintiff, 27 through its counsel of record, shall file a Request for Dismissal with Prejudice of the above- 28 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. g 664.6 5 captioned action within 30 days of clearance of the final payment and shall not attempt to obtain a judgment. 6. Defendants waive any and all rights to a trial by court or jury; to notice, hearing, and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of law; to appeal, to seek to nullify, to seek statutory or equitable relief or excuse &om or otherwise challenge any provision of this Stipulation and any judgment or other court order sought, obtained, entered and/or enforced in any way related thereto, including, but not limited to, any motion addressed to the Court pursuant to Code of Civil Procedure 473, or any other provision of law, equity, or other asserted power of the Court; to assert any argument or reason 10 or excuse for non-performance; and to assert partial or substantial performance in lieu of exact performance. 12 7. In the event that any of the provisions of this Stipulation or any portion thereof is 13 held by a court of competent jurisdiction to be unenforceable and invalid, the validity and enforceability of the enforceable portion of any such provision and of the remaining provisions 15 shall not be adversely affected. 16 8. This Stipulation is enforceable, binding and admissible in a court of law. 17 9. This Stipulation may be signed in counterparts. 18 10. Any signature on this Stipulation via facsimile, e-signature or scanned document 19 transmitted over e-mail shall be deemed as original. 20 ll. This Stipulation is limited to AMERICAN EXPRESS NATIONAL BANK, 21 Successor by Merger to American Express Bank, FSB, for account number XIX-X30000:- 22 X2008, for the above-entitled action only. 23 **NO FURTHER TEXT ON THIS PAGE — SIGNATURES ON PAGE 6** 24 25 26 27 28 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 6 THK SIGNATURES SKI 0%'NDICATK THIS STIPUI ATION HAS SKKN KNTKRK9 BET%BEN AMERICAN EXPRESS NATIONAL BANK AND RAMGN HILL AN RENASCI LLC: DATED; AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Sank, FSB BY: NOUBAR ASSADOURIAN, Agent for Plaintiff AMERICAN EXPRESS NATIONAL BANK RAMON HILL, aka RAMGN TOMAS HILL, aka RAY HILL an lndiv1dual 10 (6/i/M/$ BY 12 RAMO HIL Defendant DATED RENASCI LLC, a California Limited Liability COQlpan NAME TITLE: Q~ APPROVED ~ TO FON/f AND CONTEXT; DATED: MICHAEL 8: ASSOCIATES, PC 20 BRIAN MCGURK, Attorney for Plaintiff AMERICAN EXPRESS NATIONAL BANK DATED LAW OFFICE OF NIKKI FARRIS I FARMS, Attorney for Defendants RAMON HILL RENASCI LLC STIPULATION FOR CONDITIQNAL ENTRY OF JUDGMENT C.C.P. $ 664.6 7 THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED BETWEEN AMERICAN EXPRESS NATIONAL BANK AND RAMON HILL AN RENASCI LLC: DATED: CI p jg $ AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank, FSB NOUBAR ASS RIAN, Agent for Plainti AMERICAN EXPRESS NATIONAL BANK DATED: RAMON HILL, aka RAMON TOMAS HILL, aka RAY HILL, an individual BY: 12 RAMON HILL Defendant 13 DATED: RENASCI LLC, a California Limited Liability Company, 15 BY: NAME: TITLE: 17 APPROVED AS TO FORM AND CONTENT: 19 DATED: ~f/~/ yf MICHAEL ErASSOCIATES, PC 2P 21 BRIAN MCGURK, 22 Attorney for Plaintiff AMERICAN EXPRESS NATIONAL 23 BANK 24 DATED: LAW OFFICE OF NIKKI FARRIS 25 BY: NIKKI FARRIS, 27 Attorney for Defendants RAMON HILL 28 RENASCI LLC STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $664.6 7 PROOF OF SERVICE I, the undersigned, declare: I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. I am an employee of the law firm of Michael k Associates, and my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. illSIM ,I caused to be served the following document(s): ~ STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT ~ PROPOSED ORDER FOR ENTRY OF STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT AND DISMISSAL PURSUANT TO C.C.P. 664.6 ~ gRM~B CO~ dl.5&lOAl O4 A P&naSGI LLC on the parties involved addresses as follows: office nfarrislaw.corn 10 BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of each addressee above. 12 BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with 13 this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it isdeposited in the ordinary course of business 14 with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage fully prepaid. I understand that service shall be presumed invalid upon motion of a party served if the 15 meter date on the envelope is more than one day after the date of postal cancellation date or postage 16 deposit for mailing contained on this declaration. 17 BY FACSIMILE: By use of facsimile machine telephone number (805) 728-6266, I served a copy of the within document on the above interested parties at the facsimile number(s) listed above on this date before 5:00 p.m. 19 BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I am "readily familiar" with the firm's practice of collection and processing correspondence for Federal Express. Under that practice, it would 20 be picked up by a representative on that same day, in the ordinary course of business and would be delivered the next business. 21 22 XX BY ELECTRONIC MAIL:By use of my email address katelyn.hoffman@michaellegalgroup.corn, I served a copy of the within document on the above 23 interested parties at the email address listed above on this date before 5:00 p.m. Pacific Standard Time. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 25 EXECUTED: and aks, California. 26 27 FF PROOF OF SERVICE