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Bryan M. Grundon [#239234]
Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/ 858.260.2164(fax)
bryan@grundonlaw.com
Attorney for Plaintiff
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47—-civ—05901
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1 ‘Order sent for signature to Depa
rtment
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SUPERIOR COURT OF CALIFORNIA |
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| COUNTY OF SAN MATEO
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11 NAVY FEDERAL CREDIT UNION, CaseNumber: 17-CIV-05901
12 Plaintiff, '
13 Vs. APPLICATION TO SET ASIDE DISMISSAl
AND ENTER STIPULATION FOR ENTRY OF
14 JAMES F. GARCIA; and DOES 1 through 5, : JUDGMENT; [PROPOSED] ORDER THEREON
15 Desa
1 BY PAN
16
17 The parties settled this matter in September of 2018 by making an agreement for
18 stipulation for entry of judgment. The stipulation was never submitted and the matter was
19 dismissed without prejud: i The parties have executed the stipulation and now seek to set
20 aside the dismissal entered and file the stipulation with the court.
21
‘Date: 3p [4
Bryan M/Grundon, Attorney for Navy Fela
Credit ion,
24 DECLARATION OF BRYAN M. GRUNDON
25 I, Bryan M. Grundon, declare as follows: i 1
26 ThatI am an attorney at law, duly licensed to practice law before 4 courts in the State
of California. I am the attorney of record for theplaintiff, NAVY FEDERAL CREDIT UNION,
ae 28 in the above-referenced matter. If called upon to testify in this matter, I could and would
NFeU . JAMES F. GARCIA
‘Casé No.:17-CIV-05901
Application to Set Aside Dismissal}
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competently testify as follows based upon my personal knowledge and my
information and
belief where so indicated! I
Navy Federal reached an agreement with Mr. Garcia on the eve of trial Special
appearance counsel reported the settlement to the court at the time the matter
was called for
trial. The court set another hearing to check on the status of the settlement. By
calendaring
mistake no one showed up for the hearing and the court dismissed the matier. The
parties have
executed the stipulation for entry of judgment and request the court set aside the
dismissal and
enter the stipulation for entry of judgment. A full executed copy of the agreeme
nt is attached
hereto as exhibit” A”.
10 I declare under penalty of perjury that the foregoing is true and correct except for those
11 matte: set forth on information and belief and as to matters, I believe them to be true. Execute
d
12 day
~~ of March, 2019 at San Diego, California.
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17 BryanM. ‘undon y
Attorney fi Plaintiff
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NFCUv. JAMES F.. GARCIA
Case No.:17-CIV-05901
Application to Set Aside Dismissal 2
ORDER
Based on Good Cause set forth in the above applicatio
n IT ISHEREBY ORDERED that
the dismissal for this matter is set aside and the
Stipulation for Entry of Judgment shall be filed.
Date:
Judge of the Superior Court
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NECUY.JAMESF. GARCIA
Case 'No::17-CIV-05901
Application to Set Aside Dismissal
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EXHIBIT “A”
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61/29/2087 16:18 a NAVY FEDERAL f\
PAGE 05/89
Feb 28 2819 15:86:26 Via Fax ie NavyFederal—V@1 Vonage ‘Page @18 Of. B15
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Bryan M. Grundon [#239234
Law Officeof Bryan M. Grundon
16870 W. Bernardo Drive, Suite #400
958,705 | 184
San Die; ‘0, California 1
6/ 858.260,21.64(fax)
bryan@grundonlaw.com
Attorney for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
10 NAVY FEDERAL CREDIT UNION Case No, 17-CIV-05901
VW Plaintifé,
12 VS, STIPULATION FOR ENTRY OF \GMEN]
[PROPOSED] ORDER THEREO)
13
34 JAMES F. GARCIA; and DOES 1 through’
55. i
35
Defendants.
16
WwW It is hereby stiputalte by and between Plaintiff, Navy Federal Credit Union, and
hi
18 Defendant.James F. Garcia, individually that Plaintiff may have and recover against
19 said Defendant, the sum of $36,636.33, interest at 10% per annum from September 5,
20 2018; attorney fees pursuant to the local default schedule and Court costs of $435.00.
24 The parties herein! acknowledge that Plaintiff will file this Stipulation but
22 judgment will not be-entered forthwith, A Dismissal without prejudice will be filed,
23 reserving the court's power to set aside the dismissal and order entry of judgment upon
4
24 a’showing of default in par ents by the defendant. The court also reserves jurisdiction
25 to-enter a disntissal with prejudice following the entry of dismissal without prejudice
26 upon request, Pursuant to this Stipulation, Plaintiff will not take any action to enter or
27 enforce the judgment Stipulated to herein provided Defendants shall pay $25,000-as
Navy Federdl-v. Garcia,
Cade.No.: -17-CIV05901
tion for Entry of Judgment
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61/29/2007 16:18 a NL NAVY FEDERAL, ND PAGE 96/89
Feb 28 2819 15:86:45 Via Fax > HavyFederal-¥A1 Vonage Page @11 Of 815
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follows: $416.66 per month commengi: fanuary 15, 2019 and continuing on the 15h
day of each month thereafter until in full,
All payments as set forth above must be by cash or cashier's check made payable
to Bryan M, Grundon Client Trust Account and must be received at the Law Offices of
Bryan M. Grundon located at 16870 West Bernardo Drive, Suite 400, San Diego,
California 92127 by 4:00 pim. on the dates set forth above. If any date fallé on a legal
holiday or on Saturday or Sunday, the following business day wil be the date payment
is due,
If payment is not hae as set forth above on or before its due date, Plaintiff may
10 send written notice of default by email to Defendant at james.garcia07@gm ail.com. Said
VW notice is deemed made atithe time the email is sent. If, after five days after notice of
12 default payment has not; been received, Plaintiff may seek entry of judgment as
13 stipulated to herein without further notice to Defendants or their attorney, Any
14 payments received pursuant to the stipulation will be credited first to accrued interest
45 and second to principal on the date received.
16 It is further stipulated that Defendants shall not contest any entry of judgment
W pursuant to this stipulation, except for fraud or error in calculation of the amount of
18 costs, fees, and amounts due. Defendant waives any rights they may have to contest or
19 delay entry of judgment, including but not limited to any of the following:
20 a) trial and/or appeal:
2 b.) ‘onsideration and/or stay of judgment and/or stay of
22 execution;
i
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23 ¢) delay in prosecution pursuant to California Code of Civil
dismissal fo:
24 Procedure Section 583 et seq; and
25 a.)the time for any trial or pretrial proceedings to be had as extended to the
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26 full extent permitted by | and to facilitate the settlement.
Tt is further stipul al that all parties at all times material hereto have had the
28 opportunity to consult with legal counsel of their own choosing concerning their rights
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5 fer Bay or Judgment
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@1/29/2887 16:10 8 NAVY FEDERAL (
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Feb 28 2019 15:87:88 Via Pax ; >> NavyFederal-Va1 Vonage Page @12 Of B15
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with respect to the formand content of this stipulation and the advisability of executing
the same.
It is further stipulated that no changes or additions to, or modifications of this
stipulation shall be valid unless set forth in writing and executed by all parties hereto.
It is further stipulated that all parties agree that any commissioner of the Court
wherein the action is filed may hear any proceeding arising out of the stipulation,
including entry of judgment pursuant to the stipulation.
It is further stipulated that this stipulation may be signed in counterpart which
counterparts shall constitute one agreement between the parties
30 Itis further stipulated that this stipulation shall be binding upon and inure to the.
Wy benefit of the parties hereto and thelr respective successors, assigns, heirs, and personal
12 representatives,
13 It is further stipulated that in the event that any of the provisions of this
34 stipulation (or portions thereof) is held by a Court of convpetent jurisdiction to be
15 invalid for. any reason, the validity and enforceability of the remaining of any such
16 provisions or portions thereof and the remaining provisions of this stipulation'shall not
17 be affected
18 It is further stipulated that each individual signing this stipulation and any other
19 documents executed in connection with this stipulation, whether signed individually
20 or on behalf of a person jor entity, warrants and represents that he or she has full
at authority to so execute the|stipulation on behalf of the parties on whose behalf he or she
22 so signs. Each separately acknowledges and represents at this representation and
23 warranty is an essenHal and material provision of this stipulation and shall survive
24 fexecution hereof. | attorney
The parties hereto each respectively represent that any
25 signing this stipulation and that documents executed with this stipulation on their
26 behalf respectively, have been duly authorized and empowered to do so.
27 It is further stipulated that copies of the stipulation maybe used in lieu of the
28 original for al} purposes.
Navy Pedersl +. Giovia,
Casé No, (7-CIV-0$901
Stipuludos tor Entry of Judgment
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@1/29/2887 16:10 Q
LE NAVY FEDERAL C) | PAGE 88/89
Feb 25 2819 15:87532 Via Fax »> NavyFederal-V1 Vonage | Page 613 OF 815
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2 || Date: 02-13-2018 wnt
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James F. Garcia
6 Date: cia
7 DeQuadira Rdbinson, for Navy Federal Credit
8 Union
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YW Approved as to Form and Content.
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18 Bryan M. Grindon, Attorney for Plaintiff
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27 ORDER
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Navy Federal v. Garcia
Case, No. 17-CIV-03901
tor Baby of Judgment
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@1/29/2887 16:10 I
a SS NAVY FEDERAL \ we
PAGE 89/29
Peb 28 2819 15:87:41 Via Fax > NavyPederal-VA1 Vonage Page 814 Of B15 ~
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1 Based on Good Cause set forth in the above stipulation:
u 2 iT IS HEREBY ORDERED THAT the matter be dismissed without preju dice with
3 the court retaining jurisdiction to enforce the terms of the settlement.
6 |] Date: ee
Judge of the Superior Court
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Novy Federal v.. Garcia,
ses
Case No.:-17-CLV-05901
r Envy of Judgment
Preview
-| ct wo Bryan M. Grundon [#239234] Law Office of Bryan M. Grundon 16870 West Bernardo Drive, Suite 400 San Diego, California 92127 858.705.0346/ 858.260.2164(fax) bryan@grundonlaw.com Attorney for Plaintiff || 47—-civ—05901 ol 1 ‘Order sent for signature to Depa rtment iil | i HN ma SUPERIOR COURT OF CALIFORNIA | 1 | COUNTY OF SAN MATEO 10 i 11 NAVY FEDERAL CREDIT UNION, CaseNumber: 17-CIV-05901 12 Plaintiff, ' 13 Vs. APPLICATION TO SET ASIDE DISMISSAl AND ENTER STIPULATION FOR ENTRY OF 14 JAMES F. GARCIA; and DOES 1 through 5, : JUDGMENT; [PROPOSED] ORDER THEREON 15 Desa 1 BY PAN 16 17 The parties settled this matter in September of 2018 by making an agreement for 18 stipulation for entry of judgment. The stipulation was never submitted and the matter was 19 dismissed without prejud: i The parties have executed the stipulation and now seek to set 20 aside the dismissal entered and file the stipulation with the court. 21 ‘Date: 3p [4 Bryan M/Grundon, Attorney for Navy Fela Credit ion, 24 DECLARATION OF BRYAN M. GRUNDON 25 I, Bryan M. Grundon, declare as follows: i 1 26 ThatI am an attorney at law, duly licensed to practice law before 4 courts in the State of California. I am the attorney of record for theplaintiff, NAVY FEDERAL CREDIT UNION, ae 28 in the above-referenced matter. If called upon to testify in this matter, I could and would NFeU . JAMES F. GARCIA ‘Casé No.:17-CIV-05901 Application to Set Aside Dismissal} a = My > @ x 5s = Wwx »O = NS Ne competently testify as follows based upon my personal knowledge and my information and belief where so indicated! I Navy Federal reached an agreement with Mr. Garcia on the eve of trial Special appearance counsel reported the settlement to the court at the time the matter was called for trial. The court set another hearing to check on the status of the settlement. By calendaring mistake no one showed up for the hearing and the court dismissed the matier. The parties have executed the stipulation for entry of judgment and request the court set aside the dismissal and enter the stipulation for entry of judgment. A full executed copy of the agreeme nt is attached hereto as exhibit” A”. 10 I declare under penalty of perjury that the foregoing is true and correct except for those 11 matte: set forth on information and belief and as to matters, I believe them to be true. Execute d 12 day ~~ of March, 2019 at San Diego, California. 13 14 15 16 17 BryanM. ‘undon y Attorney fi Plaintiff 18 19 20 H th f! 21 i! ‘| ii i: 24 26 27 NFCUv. JAMES F.. GARCIA Case No.:17-CIV-05901 Application to Set Aside Dismissal 2 ORDER Based on Good Cause set forth in the above applicatio n IT ISHEREBY ORDERED that the dismissal for this matter is set aside and the Stipulation for Entry of Judgment shall be filed. Date: Judge of the Superior Court j 10 11 12 13 14 15 16 17 18 19 i i 20 i 21 i I i tt(i 24 i 26 ti 27 28 NECUY.JAMESF. GARCIA Case 'No::17-CIV-05901 Application to Set Aside Dismissal ® vsn a epen EXHIBIT “A” fi em =e ae 61/29/2087 16:18 a NAVY FEDERAL f\ PAGE 05/89 Feb 28 2819 15:86:26 Via Fax ie NavyFederal—V@1 Vonage ‘Page @18 Of. B15 I {i t Bryan M. Grundon [#239234 Law Officeof Bryan M. Grundon 16870 W. Bernardo Drive, Suite #400 958,705 | 184 San Die; ‘0, California 1 6/ 858.260,21.64(fax) bryan@grundonlaw.com Attorney for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO 10 NAVY FEDERAL CREDIT UNION Case No, 17-CIV-05901 VW Plaintifé, 12 VS, STIPULATION FOR ENTRY OF \GMEN] [PROPOSED] ORDER THEREO) 13 34 JAMES F. GARCIA; and DOES 1 through’ 55. i 35 Defendants. 16 WwW It is hereby stiputalte by and between Plaintiff, Navy Federal Credit Union, and hi 18 Defendant.James F. Garcia, individually that Plaintiff may have and recover against 19 said Defendant, the sum of $36,636.33, interest at 10% per annum from September 5, 20 2018; attorney fees pursuant to the local default schedule and Court costs of $435.00. 24 The parties herein! acknowledge that Plaintiff will file this Stipulation but 22 judgment will not be-entered forthwith, A Dismissal without prejudice will be filed, 23 reserving the court's power to set aside the dismissal and order entry of judgment upon 4 24 a’showing of default in par ents by the defendant. The court also reserves jurisdiction 25 to-enter a disntissal with prejudice following the entry of dismissal without prejudice 26 upon request, Pursuant to this Stipulation, Plaintiff will not take any action to enter or 27 enforce the judgment Stipulated to herein provided Defendants shall pay $25,000-as Navy Federdl-v. Garcia, Cade.No.: -17-CIV05901 tion for Entry of Judgment L 1 ~ 61/29/2007 16:18 a NL NAVY FEDERAL, ND PAGE 96/89 Feb 28 2819 15:86:45 Via Fax > HavyFederal-¥A1 Vonage Page @11 Of 815 I | follows: $416.66 per month commengi: fanuary 15, 2019 and continuing on the 15h day of each month thereafter until in full, All payments as set forth above must be by cash or cashier's check made payable to Bryan M, Grundon Client Trust Account and must be received at the Law Offices of Bryan M. Grundon located at 16870 West Bernardo Drive, Suite 400, San Diego, California 92127 by 4:00 pim. on the dates set forth above. If any date fallé on a legal holiday or on Saturday or Sunday, the following business day wil be the date payment is due, If payment is not hae as set forth above on or before its due date, Plaintiff may 10 send written notice of default by email to Defendant at james.garcia07@gm ail.com. Said VW notice is deemed made atithe time the email is sent. If, after five days after notice of 12 default payment has not; been received, Plaintiff may seek entry of judgment as 13 stipulated to herein without further notice to Defendants or their attorney, Any 14 payments received pursuant to the stipulation will be credited first to accrued interest 45 and second to principal on the date received. 16 It is further stipulated that Defendants shall not contest any entry of judgment W pursuant to this stipulation, except for fraud or error in calculation of the amount of 18 costs, fees, and amounts due. Defendant waives any rights they may have to contest or 19 delay entry of judgment, including but not limited to any of the following: 20 a) trial and/or appeal: 2 b.) ‘onsideration and/or stay of judgment and/or stay of 22 execution; i | 23 ¢) delay in prosecution pursuant to California Code of Civil dismissal fo: 24 Procedure Section 583 et seq; and 25 a.)the time for any trial or pretrial proceedings to be had as extended to the r 26 full extent permitted by | and to facilitate the settlement. Tt is further stipul al that all parties at all times material hereto have had the 28 opportunity to consult with legal counsel of their own choosing concerning their rights Ne Caima Federel v..Qoreia > £7-CLV-08901 5 fer Bay or Judgment sf 7 \ mo @1/29/2887 16:10 8 NAVY FEDERAL ( Ne 4 PAGE 87/89 Feb 28 2019 15:87:88 Via Pax ; >> NavyFederal-Va1 Vonage Page @12 Of B15 t i i { : || | with respect to the formand content of this stipulation and the advisability of executing the same. It is further stipulated that no changes or additions to, or modifications of this stipulation shall be valid unless set forth in writing and executed by all parties hereto. It is further stipulated that all parties agree that any commissioner of the Court wherein the action is filed may hear any proceeding arising out of the stipulation, including entry of judgment pursuant to the stipulation. It is further stipulated that this stipulation may be signed in counterpart which counterparts shall constitute one agreement between the parties 30 Itis further stipulated that this stipulation shall be binding upon and inure to the. Wy benefit of the parties hereto and thelr respective successors, assigns, heirs, and personal 12 representatives, 13 It is further stipulated that in the event that any of the provisions of this 34 stipulation (or portions thereof) is held by a Court of convpetent jurisdiction to be 15 invalid for. any reason, the validity and enforceability of the remaining of any such 16 provisions or portions thereof and the remaining provisions of this stipulation'shall not 17 be affected 18 It is further stipulated that each individual signing this stipulation and any other 19 documents executed in connection with this stipulation, whether signed individually 20 or on behalf of a person jor entity, warrants and represents that he or she has full at authority to so execute the|stipulation on behalf of the parties on whose behalf he or she 22 so signs. Each separately acknowledges and represents at this representation and 23 warranty is an essenHal and material provision of this stipulation and shall survive 24 fexecution hereof. | attorney The parties hereto each respectively represent that any 25 signing this stipulation and that documents executed with this stipulation on their 26 behalf respectively, have been duly authorized and empowered to do so. 27 It is further stipulated that copies of the stipulation maybe used in lieu of the 28 original for al} purposes. Navy Pedersl +. Giovia, Casé No, (7-CIV-0$901 Stipuludos tor Entry of Judgment t1 @1/29/2887 16:10 Q LE NAVY FEDERAL C) | PAGE 88/89 Feb 25 2819 15:87532 Via Fax »> NavyFederal-V1 Vonage | Page 613 OF 815 , i |1 i 1 1 2 || Date: 02-13-2018 wnt A James F. Garcia 6 Date: cia 7 DeQuadira Rdbinson, for Navy Federal Credit 8 Union 9 30 YW Approved as to Form and Content. 12 13 14 15 oe 3514 16 W7 18 Bryan M. Grindon, Attorney for Plaintiff 19 20 i 21 i 22 23 24 25 27 ORDER 28 Navy Federal v. Garcia Case, No. 17-CIV-03901 tor Baby of Judgment ~ @1/29/2887 16:10 I a SS NAVY FEDERAL \ we PAGE 89/29 Peb 28 2819 15:87:41 Via Fax > NavyPederal-VA1 Vonage Page 814 Of B15 ~ i i‘ ii 1 Based on Good Cause set forth in the above stipulation: u 2 iT IS HEREBY ORDERED THAT the matter be dismissed without preju dice with 3 the court retaining jurisdiction to enforce the terms of the settlement. 6 |] Date: ee Judge of the Superior Court 10 W 12 13 14 18 16 7 13 19 20 Zi 22 23 i t 24 25 27 238 Novy Federal v.. Garcia, ses Case No.:-17-CLV-05901 r Envy of Judgment