On October 31, 2016 a
Motion-Secondary
was filed
involving a dispute between
Midland Funding Llc,
and
Hill, Michelle,
for (09) Limited Other Collections - under 10,000
in the District Court of San Mateo County.
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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
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Declaration to Vacate Dismis’sal and Enter Judgment Undel Teims 8 664. 6 Stipulation
SM2
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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
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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
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Enter Judgment Under Terms of§ 664.6 Stipulation
DDOOOlET SM2
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1137616001
Document Filed Date
September 08, 2020
Case Filing Date
October 31, 2016
Category
(09) Limited Other Collections - under 10,000
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