Preview
Alexander Roa, SBN 273360
Davis Kratz, SBN 323799 ,
FILED
SAN MATEO GOUNTY
Donna M. Aguirre, SBN 243510
Emie Figueroa, SBN 318060 B 14 2020
Jennifer Wong, SBN 297398
Jerry Wang, SBN 297106 Clerk.o} Superior Court
Kelsey Handcock, SBN 313063 By Spl ‘CLERK
Maria Bradish, SBN 288384
Pantea Sharifi, SBN 292666
West Imboden, SBN 324175
Hig The Moore Law Group, APC
P.O. Box 25145
Santa Ana, CA 92799-5145 48— CL) - 05785
(800) 506-2652 ‘stip
Stipulation
ih wi |
2246862
10 Attorneys for Plaintiff
Capital One Bank (USA), N.A.
11 wee
-. .
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO
13
MAIN COURTHOUSE - HALL OF JUSTICE - LIMITED JURISDICTION
14
15 Capital One Bank (USA), N.A., Case No. 18CLJ05785
16
Plaintiff,
17 STIPULATION FOR (1) SETTLEMENT;
vs. (2) SUSPENSION OF MONITORING OR
18 DISMISSAL OF ACTION WITHOUT
Uchechukwu U Ejere, PREJUDICE
19
20 Defendant,
21
22
IT IS HEREBY STIPULATED by and between Plaintiff, Capital One Bank (USA), N.A.
23
(“Plaintiff”), and Defendant, Uchechukwu U Ejere (“Defendant”) as follows:
24
1 Defendant acknowledges and agrees that as of February 12, 2019 Defendant was obligated
25
to Plaintiff in the principal amount of $4,135.47 and court costs of $225.00 in connection with the
26
above captioned lawsuit which was filed by Plaintiff to collect the balance due and owing on the
27
Capital One Bank (USA), N.A. account XXXXXXXXKXXX4414 (“Account”), and that Plaintiff is
28
entitled to immediate entry of the full judgment amount (“Judgment Amount”).
1
CASTEMP\_AC#395372.AGMT STP CAP1_Doe Stip to Settle
ge
<
&
2. Defendant and Plaintiff agree that Plaintiff shall not enter judgment against Defendant in
3
the Judgment Amount so iong as Defendant timely makes the payments provided for in paragraph
of this stipulation.
2
3. The Judgment Amount will be deemed satisfied, and this:lawsuit dismissed with prejudice
if payment of $4,135.47 is made as follows: ‘
The sum of $690.47 due on or before February 25, 2019, then the sum of $689.00 due on or
before the 25th day of each month beginning March 25, 2019, through and including July 25, 2019. .
4. You can make your payments online at weww-paymoorelaw.com. You will need your file
10 number 788846369 when making your payment online. All payments shall be in the form of cashier’s
ll check, money order, pre-authorized electronic transfer or personal check either by mail or online
12 payment drawn on good funds, payable to The Moore Law Group, Client Trust Account, and received
13 by The Moore Law Group, P.O. Box 25145, Santa Ana, CA. 92799-5145, on or before each due date.
.
14 > In the event that the monthly payments provided for herein are not received by The Moore
15 Law Group on or before the date due as set forth herein above, then Defendant shall be in default and
16 Plaintiff shall be immediately entitled to entry of Judgment against Defendant in the full amount of
17 the Judgment Amount, less a credit for the payments made pursuant to paragraph 3, above. Upon
18 entry of Judgment, Plaintiff shall be entitled to immediately enforce the Judgment.
6. The Parties further stipulate, agree, and jointly request that the court suspend all further
19
20 status conferences, case management, or calendar review, until after August 25, 2019 or, if the court
21 does not permit such, then, and only in such event, shall the action be dismissed without prejudice
22 subject to the dismissal being set aside and the action being reinstated upon the ex parte application of
23 Plaintiff stating that a payment provided for pursuant to paragraph 3 was not made in a timely
manner.
24
7
25 Upon a default by Defendant in any payment due to Plaintiff under the terms of this
26 stipulation, Plaintiff shall apply to the court to have the dismissal without prejudice (if applicable) set
27 aside and vacated and to have judgment entered under the terms of this stipulation, concurrently with
28 applying to the court for entry of judgment.
‘CMISTEMP\_AC4395372\AGMT STP CAPL.Doe Stip to Settle
(
e ~7
8 It is hereby acknowledged that the time is of the essence with respect to any act or
1 1
performance of payments set forth in this stipulation.
9 Acceptance of any late payment by Plaintiff, or anyone on Plaintiff's behalf, shall not
constitute a waiver, nor in any way prejudice, Plaintiff's right to receive and demand timely payments
thereafter or to declare a default hereunder. Plaintiff, in its sole discretion, shall have the right to
declare a default if any payment is not timely made as required herein, regardless of its previous
‘
failure to do so, or the number of times it may have failed to do so.
10. In the event of any default, or entry of judgment pursuant to this stipulation, Defendant
10 waives any right they have to request or have a trial or new tial, and any right they may have to
ll appeal from any judgment entered pursuant to this stipulation.
Ul. Defendant hereby agree and acknowledge a voluntary waiver of the rights and the time
12
provisions of California Code of Civil Procedure Sections 583.160, 583.210, 583.310, 583.360,
13
14 583.410, 583.420 and any and all other provisions of California law requiring or authorizing a
15 dismissal of the action for failure to prosecute or to file or bring an action to trial within a time limit.
16 12. The parties hereto agree that a commissioner of the court may hear any proceeding arising
17 out of this stipulation.
18 13. The Parties hereto hereby acknowledges that at all times material hereto they had the
19 opportunity to consult with legal counsel of their own choosing concerning their rights with respect to
20 the form and content of this stipulation and the advisability of executing the same.
14. This stipulation may be signed by counterparts by any and all Parties and/or their attorneys
and each said counterpart shall be deemed an original. 1
22
23 15. The Court shall retain jurisdiction over this action pending the completion of all payments
24 due from the defendant pursuant to the terms of this stipulation and Code of Civil Procedure Section
25 664.6.
16. Except as provided in this Stipulation, Defendant hereby releases and forever discharges
26
27 Plaintiff and its assignees, assignor, predecessors, members, owners, transferees, principals, partners,
officers, directors, employees, servants, subsidiaries, parents, successors, agents, attorneys and
28
CMSTEMP\_AG439537\AGMT STP CAPL.Doo Stip to Settle
oo)
1
representatives, from any and all claims, demands, damages, debts, liabilities, obligations, contracts,
agreements, causes of action, suits and costs, of whatever nature, character or description, whether
known or unknown, anticipated or unanticipated, which they may have or may hereafter have or claim
to have by reason of any matter or omission arising from any cause.whatsoever prior to the execution
of this Stipulation which arise out of, directly or indirectly, or are in any way connected with or
related to Defendant’s Account, including the collection thereof and the tax reporting thereof and the
reporting of any credit history related thereto to third parties. t
17. It is the intention of the parties that this Stipulation shall be effective as a full and final
10 accord and satisfactory release of each and every matter specifically or generally referred to. In
i furtherance of this intention, the. parties acknowledge that each is familiar with Section 1542 of the
12 Civil Code of the State of California, which provides as follows (“Séction 1542”):
13 “A general release does not extend to claims that the creditor‘or releasing party does not
14 know or suspect to exist in his or her favor at the time of executing the release and that,
15 if known by him or her, would have materially affected his, or her settlement with the
16 debtor or released party.”
17 The parties hereto waive and relinquish any rights and benefits which they may have under
18 Section 1542. The parties acknowledge that they may hereafter: discover facts in addition to or
19 different from those which they know or believe to be true with respect to the subject matter of this
20 Stipulation, but it is their intention to fully and finally and forever settle and release any and all
matters, disputes and differences, known or unknown, suspected and unsuspected, which do now
21
22 exist, may exist or heretofore have existed between them with respect to the subject matter of this
Stipulation. In furtherance of this intention, the releases herein shall be and remain in effect as full and
23
24 complete general releases not withstanding the discovery or existence of any such additional ‘or
25 different facts.
26
27
28
(CASTEMP\_AC4395372\AGMT STP CAPI.Doo Stip to Settle
C om
Se eo
The parties warrant and represent to one another that the effect and import of the provisions of
Section 1542 have been fully explained to them by their attomeys.
Dated: J af Lol 4 he
Uchechdiwu U Ejere
25 PONCETTA DR APT 207
Daly City CA 94015-1126
FOR CAPITAL ONE USE ONLY:
10
Dated: RA-JOLF Capital One Bank (USA), N.A.
11
12
13
14
ite satin Sport Rep
15
County of Chesterfield, to wit:
16
Commonwealth of Virginia
17
SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction
18 aforesaid, by Karen tarbrou$| , who is personally known to me and acknowledged before
me Risihez signature to the foregoing Affidavit GIVEN under my hand and seal this 22 day of
19
Man » 2014.
20 ete
Sivin Wt. Yorporobad aS APE tt,
21
Notary Public
OTAR
TLIC
zi4 REG # 7626195"
ei
22
iy COMMISSION
Preview
Alexander Roa, SBN 273360 Davis Kratz, SBN 323799 , FILED SAN MATEO GOUNTY Donna M. Aguirre, SBN 243510 Emie Figueroa, SBN 318060 B 14 2020 Jennifer Wong, SBN 297398 Jerry Wang, SBN 297106 Clerk.o} Superior Court Kelsey Handcock, SBN 313063 By Spl ‘CLERK Maria Bradish, SBN 288384 Pantea Sharifi, SBN 292666 West Imboden, SBN 324175 Hig The Moore Law Group, APC P.O. Box 25145 Santa Ana, CA 92799-5145 48— CL) - 05785 (800) 506-2652 ‘stip Stipulation ih wi | 2246862 10 Attorneys for Plaintiff Capital One Bank (USA), N.A. 11 wee -. . 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO 13 MAIN COURTHOUSE - HALL OF JUSTICE - LIMITED JURISDICTION 14 15 Capital One Bank (USA), N.A., Case No. 18CLJ05785 16 Plaintiff, 17 STIPULATION FOR (1) SETTLEMENT; vs. (2) SUSPENSION OF MONITORING OR 18 DISMISSAL OF ACTION WITHOUT Uchechukwu U Ejere, PREJUDICE 19 20 Defendant, 21 22 IT IS HEREBY STIPULATED by and between Plaintiff, Capital One Bank (USA), N.A. 23 (“Plaintiff”), and Defendant, Uchechukwu U Ejere (“Defendant”) as follows: 24 1 Defendant acknowledges and agrees that as of February 12, 2019 Defendant was obligated 25 to Plaintiff in the principal amount of $4,135.47 and court costs of $225.00 in connection with the 26 above captioned lawsuit which was filed by Plaintiff to collect the balance due and owing on the 27 Capital One Bank (USA), N.A. account XXXXXXXXKXXX4414 (“Account”), and that Plaintiff is 28 entitled to immediate entry of the full judgment amount (“Judgment Amount”). 1 CASTEMP\_AC#395372.AGMT STP CAP1_Doe Stip to Settle ge < & 2. Defendant and Plaintiff agree that Plaintiff shall not enter judgment against Defendant in 3 the Judgment Amount so iong as Defendant timely makes the payments provided for in paragraph of this stipulation. 2 3. The Judgment Amount will be deemed satisfied, and this:lawsuit dismissed with prejudice if payment of $4,135.47 is made as follows: ‘ The sum of $690.47 due on or before February 25, 2019, then the sum of $689.00 due on or before the 25th day of each month beginning March 25, 2019, through and including July 25, 2019. . 4. You can make your payments online at weww-paymoorelaw.com. You will need your file 10 number 788846369 when making your payment online. All payments shall be in the form of cashier’s ll check, money order, pre-authorized electronic transfer or personal check either by mail or online 12 payment drawn on good funds, payable to The Moore Law Group, Client Trust Account, and received 13 by The Moore Law Group, P.O. Box 25145, Santa Ana, CA. 92799-5145, on or before each due date. . 14 > In the event that the monthly payments provided for herein are not received by The Moore 15 Law Group on or before the date due as set forth herein above, then Defendant shall be in default and 16 Plaintiff shall be immediately entitled to entry of Judgment against Defendant in the full amount of 17 the Judgment Amount, less a credit for the payments made pursuant to paragraph 3, above. Upon 18 entry of Judgment, Plaintiff shall be entitled to immediately enforce the Judgment. 6. The Parties further stipulate, agree, and jointly request that the court suspend all further 19 20 status conferences, case management, or calendar review, until after August 25, 2019 or, if the court 21 does not permit such, then, and only in such event, shall the action be dismissed without prejudice 22 subject to the dismissal being set aside and the action being reinstated upon the ex parte application of 23 Plaintiff stating that a payment provided for pursuant to paragraph 3 was not made in a timely manner. 24 7 25 Upon a default by Defendant in any payment due to Plaintiff under the terms of this 26 stipulation, Plaintiff shall apply to the court to have the dismissal without prejudice (if applicable) set 27 aside and vacated and to have judgment entered under the terms of this stipulation, concurrently with 28 applying to the court for entry of judgment. ‘CMISTEMP\_AC4395372\AGMT STP CAPL.Doe Stip to Settle ( e ~7 8 It is hereby acknowledged that the time is of the essence with respect to any act or 1 1 performance of payments set forth in this stipulation. 9 Acceptance of any late payment by Plaintiff, or anyone on Plaintiff's behalf, shall not constitute a waiver, nor in any way prejudice, Plaintiff's right to receive and demand timely payments thereafter or to declare a default hereunder. Plaintiff, in its sole discretion, shall have the right to declare a default if any payment is not timely made as required herein, regardless of its previous ‘ failure to do so, or the number of times it may have failed to do so. 10. In the event of any default, or entry of judgment pursuant to this stipulation, Defendant 10 waives any right they have to request or have a trial or new tial, and any right they may have to ll appeal from any judgment entered pursuant to this stipulation. Ul. Defendant hereby agree and acknowledge a voluntary waiver of the rights and the time 12 provisions of California Code of Civil Procedure Sections 583.160, 583.210, 583.310, 583.360, 13 14 583.410, 583.420 and any and all other provisions of California law requiring or authorizing a 15 dismissal of the action for failure to prosecute or to file or bring an action to trial within a time limit. 16 12. The parties hereto agree that a commissioner of the court may hear any proceeding arising 17 out of this stipulation. 18 13. The Parties hereto hereby acknowledges that at all times material hereto they had the 19 opportunity to consult with legal counsel of their own choosing concerning their rights with respect to 20 the form and content of this stipulation and the advisability of executing the same. 14. This stipulation may be signed by counterparts by any and all Parties and/or their attorneys and each said counterpart shall be deemed an original. 1 22 23 15. The Court shall retain jurisdiction over this action pending the completion of all payments 24 due from the defendant pursuant to the terms of this stipulation and Code of Civil Procedure Section 25 664.6. 16. Except as provided in this Stipulation, Defendant hereby releases and forever discharges 26 27 Plaintiff and its assignees, assignor, predecessors, members, owners, transferees, principals, partners, officers, directors, employees, servants, subsidiaries, parents, successors, agents, attorneys and 28 CMSTEMP\_AG439537\AGMT STP CAPL.Doo Stip to Settle oo) 1 representatives, from any and all claims, demands, damages, debts, liabilities, obligations, contracts, agreements, causes of action, suits and costs, of whatever nature, character or description, whether known or unknown, anticipated or unanticipated, which they may have or may hereafter have or claim to have by reason of any matter or omission arising from any cause.whatsoever prior to the execution of this Stipulation which arise out of, directly or indirectly, or are in any way connected with or related to Defendant’s Account, including the collection thereof and the tax reporting thereof and the reporting of any credit history related thereto to third parties. t 17. It is the intention of the parties that this Stipulation shall be effective as a full and final 10 accord and satisfactory release of each and every matter specifically or generally referred to. In i furtherance of this intention, the. parties acknowledge that each is familiar with Section 1542 of the 12 Civil Code of the State of California, which provides as follows (“Séction 1542”): 13 “A general release does not extend to claims that the creditor‘or releasing party does not 14 know or suspect to exist in his or her favor at the time of executing the release and that, 15 if known by him or her, would have materially affected his, or her settlement with the 16 debtor or released party.” 17 The parties hereto waive and relinquish any rights and benefits which they may have under 18 Section 1542. The parties acknowledge that they may hereafter: discover facts in addition to or 19 different from those which they know or believe to be true with respect to the subject matter of this 20 Stipulation, but it is their intention to fully and finally and forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which do now 21 22 exist, may exist or heretofore have existed between them with respect to the subject matter of this Stipulation. In furtherance of this intention, the releases herein shall be and remain in effect as full and 23 24 complete general releases not withstanding the discovery or existence of any such additional ‘or 25 different facts. 26 27 28 (CASTEMP\_AC4395372\AGMT STP CAPI.Doo Stip to Settle C om Se eo The parties warrant and represent to one another that the effect and import of the provisions of Section 1542 have been fully explained to them by their attomeys. Dated: J af Lol 4 he Uchechdiwu U Ejere 25 PONCETTA DR APT 207 Daly City CA 94015-1126 FOR CAPITAL ONE USE ONLY: 10 Dated: RA-JOLF Capital One Bank (USA), N.A. 11 12 13 14 ite satin Sport Rep 15 County of Chesterfield, to wit: 16 Commonwealth of Virginia 17 SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction 18 aforesaid, by Karen tarbrou$| , who is personally known to me and acknowledged before me Risihez signature to the foregoing Affidavit GIVEN under my hand and seal this 22 day of 19 Man » 2014. 20 ete Sivin Wt. Yorporobad aS APE tt, 21 Notary Public OTAR TLIC zi4 REG # 7626195" ei 22 iy COMMISSION