On May 24, 2019 a
Order to Show Cause
was filed
involving a dispute between
Midland Funding Llc,
and
Ackley, Jason,
for (09) Limited Rule 3.740 Collections - under 10,000
in the District Court of Butte County.
Preview
1 File No. 18-10511-0
Robert Scott Kennard
2 State Bar No. 117017
Vanessa Thomas
11/09/2020
3 State Bar No. 323167
NELSON & KENNARD
4 Street Address:
5011 Dudley Blvd., Bldg. 250, Bay G
5 McClellan, CA 95652
Mailing Address:
6 P . 0 . Box 13 807
Sacramento, CA 95853
7 Telephone: ( 9 1 6 ) 920-2295
Facsimile: ( 9 1 6 ) 920-0682
8
Attorneys for Plaintiff
9 MIDLAND FUNDING LLC
10
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
11 CHICO COURTHOUSE - LIMITED CIVIL CASE
12
MIDLAND FUNDING LLC, ) Case N o . : 19CV01586
13
)
Plaintiff, ) DECLARATION IN OPPOSITION TO
14
) ORDER TO SHOW CAUSE
vs. )
15
) DATE: 11/25/2020
16 JASON ACKLEY, ) T I ME : 1 : 3 0 p.m.
) DEPT:
17
Defendant. )
18
19 I, Vanessa Thomas, hereby declare:
20 1. I am an attorney at law duly licensed to practice before
21 all courts of the State of California and am an associate employed
22 by the law office of Nelson & Kennard, Attorneys for MIDLAND
23 FUNDING LLC (hereinafter "Plaintiff"). As to each of the matters
24 set forth herein, I testify of my own personal knowledge except as
25 to those matters of which I testify on information or belief and/or
26 upon my personal review of the records for the Law Offices of
27 Nelson & Kennard (hereinafter "Nelson & Kennard").
28
DECLARATION IN OPPOSITION TO ORDER TO SHOW CAUSE - 1
1 1 11 11 1 11 1 1 1 1 1 1 1 1 1 11 1 1 11 11 1 1 11 1 1 1 11 11 1 11 1 1 111 11 1 1 1 1 1 1 1 11 111 1 11 1 11 11 1 1 11 11 1 lllll llll lllll
lllll
1 1 1 1 1 1 1 11 1 1 1 1 11 11 1 1 1 1 11 1 11 I
1 2 . I am familiar with the manner and method of record
2 keeping at Nelson & Kennard. Each of the records referenced herein
3 are kept in the ordinary course of business as a standard business
4 practice of Nelson & Kennard. If called to testify, I would
5 competently affirm the content hereof.
6 3 . Plaintiff filed its complaint against Defendant(s) JASON
7 ACKLEY on May 24, 2019 to recover the balance owing on a defaulted
8 credit account.
9 4 . Plaintiff has been unsuccessful in pursing Defendant
10 within this Court's venue. Plaintiff has located a viable address
11 out of venue to serve Defendant and will proceed to change venue.
12 5 . Plaintiff's Motion to Change Venue has been scheduled for
13 December 9, 2 0 2 0 .
14 6 . Plaintiff respectfully requests this Court vacate the
15 Order to Show Cause hearing, as Plaintiff's motion will be heard in
16 December.
17 I declare under penalty of perjury under the laws of the State
18 of California that the foregoing is true and correct and that this
19 declaration was executed on lal¢ at McClellan, County of
\ \
20 Sacramento, California.
21
22
23
24
25
26
27
28
DECLARATION IN OPPOSITION TO ORDER TO SHOW CAUSE - 2
1 PROOF OF SERVICE
2 State of California
County of Sacramento
3
4 I am a resident of the County aforesaid; I am over the age of
eighteen years and not a party to the within action; my business
5 address is 5011 Dudley Blvd., Bldg. 250, Bay G, McClellan,
California 98652.
6 on l\ ] ]2O) , I served the within:
I
7
DECLARATION IN OPPOSITION TO ORDER TO SHOW CAUSE
8
on the parties in said action by placing a true and correct copy
9
thereof in a sealed envelope and addressed as set forth below.
10
I served the documents described hereinabove by placing said
11
documents for collection and processing for mailing following this
12
business's ordinary practice with which I am readily familiar. On
13
the same day correspondence is placed for collection and mailing,
14
it is deposited in the ordinary course of business with the United
15
States Postal Service.
16
I declare under penalty of perjury under the laws of the State
17
of California that the foregoing is true and correct and that this
18
declaration was executed on / a / 20 at McClellan,
1 9
California.
20
21
22
23
24
25
JASON ACKLEY
26
39136 STATE HIGHWAY 70
Q U I N C Y , CA 95971-9387
27
28
PROOF OF SERVICE - 3
Document Filed Date
November 25, 2020
Case Filing Date
May 24, 2019
Category
(09) Limited Rule 3.740 Collections - under 10,000
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
1 File No. 18-10511-0 Robert Scott Kennard 2 State Bar No. 117017 Vanessa Thomas 11/09/2020 3 State Bar No. 323167 NELSON & KENNARD 4 Street Address: 5011 Dudley Blvd., Bldg. 250, Bay G 5 McClellan, CA 95652 Mailing Address: 6 P . 0 . Box 13 807 Sacramento, CA 95853 7 Telephone: ( 9 1 6 ) 920-2295 Facsimile: ( 9 1 6 ) 920-0682 8 Attorneys for Plaintiff 9 MIDLAND FUNDING LLC 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 11 CHICO COURTHOUSE - LIMITED CIVIL CASE 12 MIDLAND FUNDING LLC, ) Case N o . : 19CV01586 13 ) Plaintiff, ) DECLARATION IN OPPOSITION TO 14 ) ORDER TO SHOW CAUSE vs. ) 15 ) DATE: 11/25/2020 16 JASON ACKLEY, ) T I ME : 1 : 3 0 p.m. ) DEPT: 17 Defendant. ) 18 19 I, Vanessa Thomas, hereby declare: 20 1. I am an attorney at law duly licensed to practice before 21 all courts of the State of California and am an associate employed 22 by the law office of Nelson & Kennard, Attorneys for MIDLAND 23 FUNDING LLC (hereinafter "Plaintiff"). As to each of the matters 24 set forth herein, I testify of my own personal knowledge except as 25 to those matters of which I testify on information or belief and/or 26 upon my personal review of the records for the Law Offices of 27 Nelson & Kennard (hereinafter "Nelson & Kennard"). 28 DECLARATION IN OPPOSITION TO ORDER TO SHOW CAUSE - 1 1 1 11 11 1 11 1 1 1 1 1 1 1 1 1 11 1 1 11 11 1 1 11 1 1 1 11 11 1 11 1 1 111 11 1 1 1 1 1 1 1 11 111 1 11 1 11 11 1 1 11 11 1 lllll llll lllll lllll 1 1 1 1 1 1 1 11 1 1 1 1 11 11 1 1 1 1 11 1 11 I 1 2 . I am familiar with the manner and method of record 2 keeping at Nelson & Kennard. Each of the records referenced herein 3 are kept in the ordinary course of business as a standard business 4 practice of Nelson & Kennard. If called to testify, I would 5 competently affirm the content hereof. 6 3 . Plaintiff filed its complaint against Defendant(s) JASON 7 ACKLEY on May 24, 2019 to recover the balance owing on a defaulted 8 credit account. 9 4 . Plaintiff has been unsuccessful in pursing Defendant 10 within this Court's venue. Plaintiff has located a viable address 11 out of venue to serve Defendant and will proceed to change venue. 12 5 . Plaintiff's Motion to Change Venue has been scheduled for 13 December 9, 2 0 2 0 . 14 6 . Plaintiff respectfully requests this Court vacate the 15 Order to Show Cause hearing, as Plaintiff's motion will be heard in 16 December. 17 I declare under penalty of perjury under the laws of the State 18 of California that the foregoing is true and correct and that this 19 declaration was executed on lal¢ at McClellan, County of \ \ 20 Sacramento, California. 21 22 23 24 25 26 27 28 DECLARATION IN OPPOSITION TO ORDER TO SHOW CAUSE - 2 1 PROOF OF SERVICE 2 State of California County of Sacramento 3 4 I am a resident of the County aforesaid; I am over the age of eighteen years and not a party to the within action; my business 5 address is 5011 Dudley Blvd., Bldg. 250, Bay G, McClellan, California 98652. 6 on l\ ] ]2O) , I served the within: I 7 DECLARATION IN OPPOSITION TO ORDER TO SHOW CAUSE 8 on the parties in said action by placing a true and correct copy 9 thereof in a sealed envelope and addressed as set forth below. 10 I served the documents described hereinabove by placing said 11 documents for collection and processing for mailing following this 12 business's ordinary practice with which I am readily familiar. On 13 the same day correspondence is placed for collection and mailing, 14 it is deposited in the ordinary course of business with the United 15 States Postal Service. 16 I declare under penalty of perjury under the laws of the State 17 of California that the foregoing is true and correct and that this 18 declaration was executed on / a / 20 at McClellan, 1 9 California. 20 21 22 23 24 25 JASON ACKLEY 26 39136 STATE HIGHWAY 70 Q U I N C Y , CA 95971-9387 27 28 PROOF OF SERVICE - 3