Preview
FILED
SAN MATEO COUNTY
COLLECTION AT LAW, INC. AUG 3 0 2018
A PROFESSIONAL LAW CORPORATION
Jon 0. Blanda (State Bar No. 217222)
Angela A. Velen (State Bar No. 217292)
Jeffery Mukai (State Bar No. 273338)
Rochelle McCarthy (State Bar No. 309725)
3835 East Thousand Oaks Blvd., Suite R349 aim—05619
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Westlake Village, California 91362 Stipulation 1
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Phone Number (818) 716-7630 1352720
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Attorneys for Plaintiff
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WELLS FARGO BANK, N.A.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
SOUTHERN BRANCH — LIMITED JURISDICTION
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WELLS FARGO BANK, N.A. Case No. 17CLJ 05619
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Pla‘ntlff’ STIPULATION FOR ENTRY OF
JUDGMENT & [ . .
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V- JUDGMENT
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JOANNE TU TRAN, an individual; ALBERT
KIEN TRAN, an individual
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Defendant(s).
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IT IS HEREBY STIPULATED, by and between WELLS FARGOjBANK, N.A.
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(“Plaintiff”), and JOANNE TU TRAN, an individual; ALBERT KIEN TRANganz-individual ‘as
[\J follows:
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1. Judgment shall be entered forthwith in favor of Plaintiff and against said
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Defendant in the total sum of $2, 650. 13 for account ending 1n 9843 and Court costs-.‘ln the sum of
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$405. 00 for a total judgment in the sum of $3, 055. 13. This Stipulation 1s 11m1ted only to account ‘
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N JOANNE TU TRAN an individual; ALBERT KIEN TRAN, an individual, Account ending'in 9843 _
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STIPULATION FOR ENTRY 0F JDGMT AND INSTALLMENT PAYMENTS“. >
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SAN MATEO Cm m‘rv
46%
934% AUG 27 2018
& Clerkofthe Superior uourt
By
DEPUTY CLERK
ending in 9843.
2. This Stipulation shall be filed with the Court upon execution by the parties.
3. It is further Stipulated, that Judgment shall not be enforced so long as Defendant
makes the following payments:
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0 $169.00 shall be paid on or before the 28th of every consecutive month for the
next 18 months with a final payment of $13.13 on the 19th month;
0 Payments will begin March 28"‘, 2018;
o All payments under this agreement shall be made payable to the order of
"Wells Fargo Bank, N.A.‘” and mailed or delivered to the offices of Plaintiffs
1o
attorney, Collection At Law, Inc., at 3835 East Thousand Oaks Blvd., Suite
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R-349 Westlake Village, California 91362 or to such other address as
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Plaintiff or Plaintiff's attorney of record shall direct by notice in writing duly
13 -
given to Defendant.
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4. Upon the faithful, timely and prompt payments of all installments herein above
15
provided for, totaling $3,055.13, Plaintiff will file a Satisfaction of Judgment with the court.
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5. Except for the obligations set forth in this Settlement Agreement: The parties for
17
itself, himself and/or herself, and their respectiVe officers, shareholders, directors, agents,
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employees, principals, predecessors, successors, assigns, parent corporations, subsidiary
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corporations, affiliates, heirs, executors, attorneys, accountants, administrators, heirs, and
20.
representatives, hereby stipulate to fully releases each and every other party hereto, and its
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officers, shareholders, directors, agents, employees, principals, predecessors, successors, assigns,
22
parent corporations, subsidiary corporations, affiliates, heirs, executors, attorneys, accountants,
23
administrators, heirs, and representatives, from any and all claims, promises, debts, liabilities,
24 JOANNE TU TRAN an individual; ALBERT KIEN TRAN, an individual, Account ending m 9843
STIPULATION FOR ENTRY OF JDGMT AND INSTALLMENT PAYMENTS ;
25
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costs, sums of money, actions, demands, contracts, suits, expenses, damages, liens, and causes of
action, in law or in equity, of any kind whatsoever, (collectively "Claims") known or unknown,
suspected or unsuspected, arising out of or in any way connected with each other, from all
consequences and causes of action, arising out of or relating to the aforementioned account listed
in Paragraph 1, and from any prospective causes of action which may be alleged in the fiiture by
\OOONQUI-P-UJN
any party to this Agreement, or their attorneys of record, including but not limited to, any claim
for fraud, malicious prosecution, malpractice, breach of contract, violation or beach of the
Unfair, Abusive, Deceptive Practices Act, or state equivalent, negligence, intentional infliction of
emotional distress, negligent infliction of emotional distress, breach of statutory duty, bad faith,
credit defamation, violations of the Telephone Consumer Protection Act, violations of the Fair
Credit and Reporting Act, violations of the Federal Debt Collection Practices Act, violations of
the Rosenthal Fair Debt Collection Practices Act or any State and Federal Law, or otherwise,
1
regardless of the legal or factual basis therefor. It is fiirther understood and agreed by and
between the parties hereto that other damages not now known may develop or be discovered, or
other consequences or other results may develop or be discovered, and this Agreement is
specifically intended to cover and include all such future damages or future consequences or
NNNNNNNNNHr—tp—ap—r—Ap—Ir—nr—in—AH
results of known or unknown damages, including all rights of action therefor; that the provisions
of section 1542 of the Civil Code of the State of California are expressly waived by the Parties
hereto, and each of them, and all Parties acknowledge that said section provides the following:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
JOANNE TU TRAN, an individual; ALBERT
‘
KIEN TRAN, an individual, Account ending in 9843
STIPULATION FOR ENTRY or IDGMT AND INSTALLMENT PAYMENTS
‘
6. Upon the failure of Defendant to make any payment specified in Paragraph 3, it is
further stipulated that Plaintiff will give the Defendant written notice of the non-payment, and
allow seven (7) days to cure the non-payment. If after seven days, the Defendant fails to cure the
non—payment, Plaintiff without further notice to the Defendant, may execute on this judgment.
KOOO\]O\UI-I>UJNH
7. It is further stipulated that the judgment may be entered by a judge or
commissioner this court.
8. DEFENDANT WAIVES ALL RIGHTS TO APPEAL THIS JUDGMENT.
9. It is further stipulated that payments under this judgment shall be sent to the
Attorneys of record, listed on the first page of this document.
.
10. It is represented to Plaintiff that the Defendant/(s), at all relevant times herein
consulted with counsel concerning this Judgment and that the terms of this judgment were jointly
I
constructed.
11. Wells Fargo Bank NA. may continue to report the status of the account to the
consumer reporting agencies. Wells Fargo cannot guarantee how this will appear on your credit
report. Upon completion of the payment plan, Wells Fargo will report that this account was paid
in full.
NNNNNNNNNy—nt—lr—Ir—Ar—Ip—Ir—ab—Ib—Ar—I
12. This Stipulation may be executed in counterparts. Each counterpart shall be
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deemed an original and, when taken together with the other counterparts, shall constitute one
agreement which shall be binding and shall inure to the benefit of all parties. Photographic or
facsimile copies or email or PDF copies of such counterparts or of the entire document may be
used in lieu of the originals for any reason.
///
///
JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual, Account ending in 9843
STIPULATION FOR ENTRY 0F IDGMT AND INSTALLMENT PAYMENTS
DATED: WELLS FARGO BANK, N.A.,
By:
Authorized Agent, Plaintiff
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JOANNE TU TRAN, an individual;
DATED: By:
JOANNE TU TRAN
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“Nam-RWNHOWOOQQU‘I-PWNl—‘O
ALBERT KIEN TRAN, an individual;
DATED: By:
ALBERT KIEN TRAN
JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual, Account ending in 9843
STIPULATION FOR ENTRY 0F JDGMT AND INSTALLMENT PAYMENTS
82/28/2818 1 5:33 Fr 8187167775 fingela'Uelen Page: 6/6
Q5 .2016 WELLS FARGO BANK. .\'..—\..
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By: @217 .Xiitlmrized AgenLJISlaiinlii‘ic—fl
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JOANNE TL' T RAN. an individual:
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By:
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JOANN F. TL? TR AN
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18 ALBERT KIEN TRAN. an individual:
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DATED: .. By: _ "
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24 JOANNE TL? TRAN. an individual: ALBERT KIRK TRAN. 1m individual. Account ending in 9343
1' I: L :31? F132
A. ._n..T'. . .‘r EH?! SUTALZJJEFT FEET-52:17:”
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02/28/2018 5:36PM (GMT—06:00)
DATED: WELLS FARGO BANK, N.A.,
Authorized Agent, Plaintiff
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JOANNE TU TRAN, an individual; fif
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DATED: i l ((2 [18 By: Emma ;QA El’flkl
JOANNE TU TRAN
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18 ALBERT KIEN TRAN, an individual;
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DATED: 321122 i 8
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By: filfizfififlflm
ALBERT KIEN TRAN
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24 JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual, Account ending in 9843
STIPULATION FOR ENTRY 0F JDGMT AND INSTALLMENT PAYMENTS
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Preview
FILED SAN MATEO COUNTY COLLECTION AT LAW, INC. AUG 3 0 2018 A PROFESSIONAL LAW CORPORATION Jon 0. Blanda (State Bar No. 217222) Angela A. Velen (State Bar No. 217292) Jeffery Mukai (State Bar No. 273338) Rochelle McCarthy (State Bar No. 309725) 3835 East Thousand Oaks Blvd., Suite R349 aim—05619 _ \ Westlake Village, California 91362 Stipulation 1 H l Phone Number (818) 716-7630 1352720 \DOONQUI-wi—a Attorneys for Plaintiff l Illlllllllllllllllllllllll WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO SOUTHERN BRANCH — LIMITED JURISDICTION v—l WELLS FARGO BANK, N.A. Case No. 17CLJ 05619 r—A b—l Pla‘ntlff’ STIPULATION FOR ENTRY OF JUDGMENT & [ . . ., - ,_. ONLh-bWNF-‘O V- JUDGMENT I-I‘ JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual r—t Defendant(s). )—l l H v—- IT IS HEREBY STIPULATED, by and between WELLS FARGOjBANK, N.A. ._. (“Plaintiff”), and JOANNE TU TRAN, an individual; ALBERT KIEN TRANganz-individual ‘as [\J follows: #WNF—‘OCOON 1. Judgment shall be entered forthwith in favor of Plaintiff and against said N‘N Defendant in the total sum of $2, 650. 13 for account ending 1n 9843 and Court costs-.‘ln the sum of N $405. 00 for a total judgment in the sum of $3, 055. 13. This Stipulation 1s 11m1ted only to account ‘ ”"55? v;- N JOANNE TU TRAN an individual; ALBERT KIEN TRAN, an individual, Account ending'in 9843 _ .\ " > STIPULATION FOR ENTRY 0F JDGMT AND INSTALLMENT PAYMENTS“. > ,1 LII N N Liv» v'. N OO\]O\ ,_ FAX‘F’|—[~_i-E:-..,,-.‘.... N VIA 4/ Jo , 0&000 £4%*%REGEIVEE3- O SAN MATEO Cm m‘rv 46% 934% AUG 27 2018 & Clerkofthe Superior uourt By DEPUTY CLERK ending in 9843. 2. This Stipulation shall be filed with the Court upon execution by the parties. 3. It is further Stipulated, that Judgment shall not be enforced so long as Defendant makes the following payments: \OOO\IO\UI-PUJN 0 $169.00 shall be paid on or before the 28th of every consecutive month for the next 18 months with a final payment of $13.13 on the 19th month; 0 Payments will begin March 28"‘, 2018; o All payments under this agreement shall be made payable to the order of "Wells Fargo Bank, N.A.‘” and mailed or delivered to the offices of Plaintiffs 1o attorney, Collection At Law, Inc., at 3835 East Thousand Oaks Blvd., Suite 11 R-349 Westlake Village, California 91362 or to such other address as 12 Plaintiff or Plaintiff's attorney of record shall direct by notice in writing duly 13 - given to Defendant. 14 4. Upon the faithful, timely and prompt payments of all installments herein above 15 provided for, totaling $3,055.13, Plaintiff will file a Satisfaction of Judgment with the court. 16 5. Except for the obligations set forth in this Settlement Agreement: The parties for 17 itself, himself and/or herself, and their respectiVe officers, shareholders, directors, agents, 18 employees, principals, predecessors, successors, assigns, parent corporations, subsidiary 19 corporations, affiliates, heirs, executors, attorneys, accountants, administrators, heirs, and 20. representatives, hereby stipulate to fully releases each and every other party hereto, and its 21 officers, shareholders, directors, agents, employees, principals, predecessors, successors, assigns, 22 parent corporations, subsidiary corporations, affiliates, heirs, executors, attorneys, accountants, 23 administrators, heirs, and representatives, from any and all claims, promises, debts, liabilities, 24 JOANNE TU TRAN an individual; ALBERT KIEN TRAN, an individual, Account ending m 9843 STIPULATION FOR ENTRY OF JDGMT AND INSTALLMENT PAYMENTS ; 25 26 27 28 y—n costs, sums of money, actions, demands, contracts, suits, expenses, damages, liens, and causes of action, in law or in equity, of any kind whatsoever, (collectively "Claims") known or unknown, suspected or unsuspected, arising out of or in any way connected with each other, from all consequences and causes of action, arising out of or relating to the aforementioned account listed in Paragraph 1, and from any prospective causes of action which may be alleged in the fiiture by \OOONQUI-P-UJN any party to this Agreement, or their attorneys of record, including but not limited to, any claim for fraud, malicious prosecution, malpractice, breach of contract, violation or beach of the Unfair, Abusive, Deceptive Practices Act, or state equivalent, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of statutory duty, bad faith, credit defamation, violations of the Telephone Consumer Protection Act, violations of the Fair Credit and Reporting Act, violations of the Federal Debt Collection Practices Act, violations of the Rosenthal Fair Debt Collection Practices Act or any State and Federal Law, or otherwise, 1 regardless of the legal or factual basis therefor. It is fiirther understood and agreed by and between the parties hereto that other damages not now known may develop or be discovered, or other consequences or other results may develop or be discovered, and this Agreement is specifically intended to cover and include all such future damages or future consequences or NNNNNNNNNHr—tp—ap—r—Ap—Ir—nr—in—AH results of known or unknown damages, including all rights of action therefor; that the provisions of section 1542 of the Civil Code of the State of California are expressly waived by the Parties hereto, and each of them, and all Parties acknowledge that said section provides the following: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." JOANNE TU TRAN, an individual; ALBERT ‘ KIEN TRAN, an individual, Account ending in 9843 STIPULATION FOR ENTRY or IDGMT AND INSTALLMENT PAYMENTS ‘ 6. Upon the failure of Defendant to make any payment specified in Paragraph 3, it is further stipulated that Plaintiff will give the Defendant written notice of the non-payment, and allow seven (7) days to cure the non-payment. If after seven days, the Defendant fails to cure the non—payment, Plaintiff without further notice to the Defendant, may execute on this judgment. KOOO\]O\UI-I>UJNH 7. It is further stipulated that the judgment may be entered by a judge or commissioner this court. 8. DEFENDANT WAIVES ALL RIGHTS TO APPEAL THIS JUDGMENT. 9. It is further stipulated that payments under this judgment shall be sent to the Attorneys of record, listed on the first page of this document. . 10. It is represented to Plaintiff that the Defendant/(s), at all relevant times herein consulted with counsel concerning this Judgment and that the terms of this judgment were jointly I constructed. 11. Wells Fargo Bank NA. may continue to report the status of the account to the consumer reporting agencies. Wells Fargo cannot guarantee how this will appear on your credit report. Upon completion of the payment plan, Wells Fargo will report that this account was paid in full. NNNNNNNNNy—nt—lr—Ir—Ar—Ip—Ir—ab—Ib—Ar—I 12. This Stipulation may be executed in counterparts. Each counterpart shall be WflmtNHOOWQQM-P-UJNHO deemed an original and, when taken together with the other counterparts, shall constitute one agreement which shall be binding and shall inure to the benefit of all parties. Photographic or facsimile copies or email or PDF copies of such counterparts or of the entire document may be used in lieu of the originals for any reason. /// /// JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual, Account ending in 9843 STIPULATION FOR ENTRY 0F IDGMT AND INSTALLMENT PAYMENTS DATED: WELLS FARGO BANK, N.A., By: Authorized Agent, Plaintiff \OOONO‘t-PWNH JOANNE TU TRAN, an individual; DATED: By: JOANNE TU TRAN NNNNNNNNNHHb—‘HHr—Ir—r—‘n—Ap—A “Nam-RWNHOWOOQQU‘I-PWNl—‘O ALBERT KIEN TRAN, an individual; DATED: By: ALBERT KIEN TRAN JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual, Account ending in 9843 STIPULATION FOR ENTRY 0F JDGMT AND INSTALLMENT PAYMENTS 82/28/2818 1 5:33 Fr 8187167775 fingela'Uelen Page: 6/6 Q5 .2016 WELLS FARGO BANK. .\'..—\.. Lu 'J! By: @217 .Xiitlmrized AgenLJISlaiinlii‘ic—fl - \l JOANNE TL' T RAN. an individual: 10 11 12 13 By: 14 JOANN F. TL? TR AN 16 17 18 ALBERT KIEN TRAN. an individual: 19 20 21 DATED: .. By: _ " 22 961—313—131: iii:§?iii.lij\' 23 24 JOANNE TL? TRAN. an individual: ALBERT KIRK TRAN. 1m individual. Account ending in 9343 1' I: L :31? F132 A. ._n..T'. . .‘r EH?! SUTALZJJEFT FEET-52:17:” 26 27 28 02/28/2018 5:36PM (GMT—06:00) DATED: WELLS FARGO BANK, N.A., Authorized Agent, Plaintiff WVQMAwN \O 10 JOANNE TU TRAN, an individual; fif 11 12 13 14 DATED: i l ((2 [18 By: Emma ;QA El’flkl JOANNE TU TRAN 15 16 17 18 ALBERT KIEN TRAN, an individual; 19 A 20 21 22 DATED: 321122 i 8 - By: filfizfififlflm ALBERT KIEN TRAN 23 24 JOANNE TU TRAN, an individual; ALBERT KIEN TRAN, an individual, Account ending in 9843 STIPULATION FOR ENTRY 0F JDGMT AND INSTALLMENT PAYMENTS 25 26 27 28