arrow left
arrow right
  • MIDLAND FUNDING LLC  vs.  MICHELLE HILL(09) Limited Other Collections - under 10,000 document preview
  • MIDLAND FUNDING LLC  vs.  MICHELLE HILL(09) Limited Other Collections - under 10,000 document preview
  • MIDLAND FUNDING LLC  vs.  MICHELLE HILL(09) Limited Other Collections - under 10,000 document preview
  • MIDLAND FUNDING LLC  vs.  MICHELLE HILL(09) Limited Other Collections - under 10,000 document preview
  • MIDLAND FUNDING LLC  vs.  MICHELLE HILL(09) Limited Other Collections - under 10,000 document preview
  • MIDLAND FUNDING LLC  vs.  MICHELLE HILL(09) Limited Other Collections - under 10,000 document preview
						
                                

Preview

/"‘\ L; ‘ . 2-” P: r r . Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. #99804 Janalie Henriques, Esq. #1 1 1589 151 Bernal Road Suite 8 San‘ José CA 951 19-1306 Telephone: (408) 36242270 FIEEB SAN MATEO COUNTY Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO SOUTHERN BRANCH: HALL OF JUSTICE & RECORDS — LIMITED CIVIL 10 JURISDICTION 11 12 Midland Funding LLC, .Case No. 16CLJ02138 13 Plaintiff, DECLARATION OF PLAINTIFF’S COUNSEL IN SUPPORT OF REQUEST SAN JOSE CALIFORNIA 95119 TELEPHONE: (408) 362-2270 151 BERNAL Ro'AD Sum: 8 HUNT 8: HENRIQUES FAcsnmLE: (408) 362-2299 14 V. _ TO VACATE DISMISSAL MEMORANDUM OF POINTS AND 15 MICHELLE HILL, et a1, AUTHORITIES IN SUPPORT OF REQUEST TO VACATE DISMISSAL 16 Defendant(s) [PROPOSED] ORDER 17 1‘8 19 DECLARATION OF PLAINTIFF’S COUNSEL 20 21 I, the undersigned, declare that: 22 I am anattorney Hunt & Henriques, attorney ofrecord for Plaintiffherein. I am employed by 23‘ a duly authorized custodian of the business books and records of plaintiffscounsel. 24 On January 10, 201 9, a dismissal was entered as to MICHELLE Defendant defaulted on HILL. has '25 the payment arrangement under the Conditional Settlement Agreement The business records of 26 plaintiffs counsel indicate that the last payment was received on December l, 2019. Notice of 27 default was served on defendant on February 7, 2020, giving defendant 10 days right to cure under 28 the terms of the agreement, but no payment has been made. Page 1 of2 of ' Declaration to Vacate Dismis’sal and Enter Judgment Undel Teims 8 664. 6 Stipulation SM2 ' DDOOOlET | . _“37615-001 llllllllllllllllllllllllllllllllllllIHIllllllllllllllllllllllllI ‘ ,1, I/EW\ 9 /- 3 (d, 'bo a? 0 ”a ‘5??? $5, 39 wa 03% _ ’9 ‘62:» ‘39 6 ,7" \x/J L s I WHEREFORE, your declarant prays the court to set aside and vacate the dismissal previously entered in this action and allow plaintiffto le the Conditional Settlement Agreement and Declaration Re Default1n Pay ments and obtain Jud g ment ag ainst the defend I l nder title 219593523 penalty of perjury that the foregoingls true and correct. Executed on in -P , San José, California. Mammy Oswald SBN 312726 Hunt & Henriques Attorneys for Plaintiff 10 MEMORANDUM OF POINTS AND AUTHORITIES 11 Code of Civil Procedure § 664.6 provides in pertinent part that: 12 If parties to pending litigation stipulate. . .for settlement of the case. . .the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may r ' 13 retain jurisdiction over the to enfOrce the settlement unti performance1n ofthe terms of SAN JOSE CALIFORNIA 95119 TELEPHONE: (408) 362—2270 151 BERNAL ROAD SUH'E 8 HUNT 8: HENRIQUES full FACSIMILE: (408) 362-2299 parties 14 the settlement. 15 Here, the parties stipulated for settlement of the case and signed a Conditional Settlement .16 Agreement, asking the court to retain jurisdiction'under § 664.6. Defendant has defaulted on the 17 payment arrangement under the Conditional Settlement Agreement. _The business records of 18 plaintiffs counsel indicate that the last payment was received on December 1, 2019. Notice of 19 default was served on defendant on February 7, 2020, giving defendant 10 days right to cure under 20 the terms ofthe agreement, but no payment has been made. Plaintiffnow seeks to have this dismissal 1 21- set aside. 22 WHEREFORE, it is respectfully requested that the court allow Plaintiff to set aSide and 23 vacate dismissal previously entered as to January 10, 2019. 24 25 Dated. T\ / ‘ 1/ a ”WHY . Oswald SBN 31 2726 . , 26 Hunt & Henriques Attorneys for Plaintiff 27 28 Page 2 of 2 Declaration to Vacate Dismissal and ' Enter Judgment Under Terms of§ 664.6 Stipulation DDOOOlET SM2 | _ 1137616001