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  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
  • Portfolio Recovery Associates LLC vs. Dayla Patterson09 Limited - Rule 3.740 Collections Reduced Fee document preview
						
                                

Preview

I Hunt k. Henriques, Attorneys at Law Michael S. Hunt, Esq. ¹99804 E-FILED 2 151 Bcmal Road Suite 8 1/22/2021 9:56 AM San Jose CA 95119-1306 Superior Court of California 3 Telephone: (800) 680-2426 County of Fresno Facsimile: (408) 362-2299 By: S. Mancinas, Deputy 4 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO B.F. SISK COURTHOUSE — LIMITED CIVIL CASE 10 11 Portfolio Recovery Associates, LLC, Case No. 20CECL06637 12 Plaintiff, STIPULATION AGREEMENT I co ~o 13 vs. JURISDICTION RETAINED UNDER 2; 14 DAYLA PATTERSON, CODE OF CIVIL PROCEDURF. IJ 664.6 15 Defendant n~~&~~~ 16 17 18 19 21 22 23 24 25 26 ol'0 IT IS 1. HEREBY STIPULATED DAYLA and/or may Agreement PATTERSON Portfolio Recovery Associates, LLC costs pursuant to the complaint; court order require and first appearance that any fee a at memorandum Plaintiff s has the fee time been order by and between the parties hereto: (" Defendant'*) fee for service a motion granted, required if Plaintiff advances or to stipulates ('laintiff') of costs (which of process; application including file that the fee the to will fees the be is attached entiy in the principal limited (including filed) motion in order to or for proposed tile of to this any Iudgment Plaintiff s any reposer motion. application order; to and Agreement): in fce fee faior sum ot $ 1.116.60 plus court I'orIilin« that the application. enforce Defendant less this credit s 27 for payments made in good funds before the time of default. 28 2. Plaintiff and Defendant (together, the "Parties') agree that $ 1.116.60 is the accurate Page I of 7 Settlement Agreement (Code of Civil Procedure ) 664.6) DD0002VX LB I 13860I7.001 liquidated amount owed by Defendant for the account number ending in 3685 (thc "Account'*). 3 3. Plaintif1'ill Notwithstanding not request Defendant's that judgment payment plan set forth herein. agreement be entered to have judgment so long as entered Defendant against is not in him/her, default with ihe 6 4. Defendant agrees to pay to Plaintiff a down payment of $ 75.00 on or before December 14. 2020 followed by a minimum of $ 75.00 on or before the 15th day of each and every month beginning January, 2021; followed by a minimum of $ 100.00 on or before the 15th day of each and every month beginning June, 2021 followed by a final payment of $ 66.60 on or 10 before December 15, 2021, until the Defendant has paid the Judgment Amount. These consecutive monthly installments, totaling $ 1,116.60, timely received. will constitute 1'ull 12 satisfaction of the Judgment Amount. Time is of the essence ivith respect to all payments. I1 ~q 13 Defendant fails to make full and timely payment of any installment or if any payment is 14 reversed, then the full remaining balance will be due, and Plaintiff shall be entitled to enter coQ zS 0 15 judgment for the Judgment Amount plus court costs pursuant to a memorandum ol'osts (which will be limited to Plaintiff's fee for filing Plaintilt 17 18 ol'rocess; fees (including any reporter fee that the the court complaint; may require at application is filed) for any motion, application, and/or order that has been granted. the the s fee time for a service motion including or 19 motion or application to enforce this Agreement and any order fee required to file the 20 attached proposed order; and Defendant's first appearance fee if Plaintiff advances that fee in 21 22 23 24 5. order to ol'efault. Acceptance Plaintifps file this Agreement); of any behalf shall one or neither less credit for payments made more late or constitute partial a waiver payments of, nor in good by in any funds before Plaintift'r way anyone prejudice. the time acting Plaintitl on s 25 right to demand and receive timely payments thereafter or to declare a del'ault hereunder. 26 Plaintiffs failure to declare a default under this Stipulation when so entitled. shall neither 27 constitute a waiver of, nor in any way prejudice, Plaintiff's right to declare a del'suit 28 thereafter. Page 2 of 7 Settlement Agreement (Code of Civil Procedure Ij664.6) DD0002VXi LB 1 1386017.001 I 6. Payments due as stipulated above shall be made payable to Portfolio Recovery Associates. LLC, notated with Defendant*s account number and sent to the following payment address: Hunt & Henriques 151 Bernal Road Suite 8 San Jose CA 95119-1306 6 7. The Parties jointly request that this court retain jurisdiction under Code of'ivil Procedure fj664.6. The Parties further request that this court vacate all future hearings and stai all further action on this case pending completion of the Parties'espective obligations under this Stipulation. If and only if local rules so require, the Parties. by their signatures below. 10 authorize the court to dismiss this case without prejudice. To the extent that the court dismisses the case without prejudice and pursuant to Code of'ivil Procedure xx664.6. the 12 court shall retain jurisdiction. The Parties further agree that in the event of a default in nn aO IA 13 payments and at the request of Plaintiff, the court shall reopen the case without notice to &oz noo Ch k-'4 D Defendant, vacate any dismissal, and enter judgment for the Judgment Amount plus any I 15 motion and(or order fee(s) required by the court, less credit for payments made. The I'arties C1W IA further agree that this Stipulation may at Plaintiff s option be enforced by independent action. ch 17 The Parties also agree to, and do, voluntarily waive allstatutes of limitation and any other 18 legal impediment or bar to this court from continuing or resuming jurisdiction ol'his case 19 including, but not limited to, waiver of rights and provisions of California Code of Civil 20 Procedure 583.160, 583.210, tjI'I 583.310, 583.360. 583.410. 583.420, and all other provisions 21 of California law regarding dismissal of actions for failure to prosecute or to bring an action 22 to trial within any time limit. 23 8. If Defendant satisfies his/her payment obligations hereunder, then Plaintiff shall dismiss this case with prejudice after the final payment has been determined to be in good funds. If the 25 court has already dismissed the case without prejudice, then it will be sufficient for Plaintiff 26 to let the dismissal stand. Except as otherwise provided herein, each of the Parties agree to 27 bear the expense of its own attorney fees and court costs in connection with the matters 28 addressed herein. Further, if the case is dismissed with prejudice, then Defendant will not be Page 3 of 7 Settlemcnt Agreement (Code of Civil Procedure xx664.6) DD0002VXf LB I f386017.00I considered a prevailing party. 2 9. The Parties agree that a commissioner of the court may hear any proceeding arising from this Stipulation. 4 10. Effective as of the date Defendant executes this Stipulation, Defendant, on Defendant's behalf and on behalf of all of Defendant's agents, assigns, heirs, successors, servants. and representatives, including attorneys, releases and discharges Plaintiff and all of its al'filiates. parents, and/or subsidiary corporations, account servicers and sub-servicers, its representatives, managing partners, officers, directors, shareholders, employees, agents. 9, assigns, predecessors, successors, servants. insurers, licensees, and representatives including 10 attorneys (the "Releasees") from any and all known or unknown claims. demands and causes of action and claims of any kind (including any claims for damages, interest. 1'ees. and/or 12 attorney fees) that Defendant may have with respect to tlic Account. including withoui H 5 13 limitation all claims that were asserted or could have been asserted in the above-captioncd +en & 2~o g matter (the "Matters Released" ). This release by Defendant does not extend to any otliel 15 accounts, agreements, debts, loans, promissory notes, mortgages. liabilities, or other financial N m obligations that Defendant may have with any Releasee. CA 17 11. Except as otherwise set forth herein, Defendant agrees that Defendant will not tile any 18 claims, complaints, affidavits, arbitrations, or proceedings with respect to the Matters 19 Released against any of the Releasees, and that any such claims, complaints. affidavits, 20 arbitrations, or proceedings filed prior to the execution of this Stipulation shall promptly be 21 dismissed or withdrawn with prejudice. This Stipulation is intended to resolve forever the 22 entire disagreement between Defendant and Plaintiff. 23 12. Upon timely receipt and full negotiation of the payments as stated above. Plaintiff releases 24 and discharges Defendant in connection with any claims it may have relating to the Account. 25 This release by Plaintiff does not extend to any other accounts, agreements. debts. loans. 26 promissory notes, mortgages, liabilities, or other financial obligations that Delendant may 27 have with any Releasee. 28 13. Effective as of the date Defendant executes this Stipulation, Defendant expressly waives and Page 4 of 7 Settlement Agreement (Code of Civil Procedure II664.6) DD0002VXi LB1 1386017 001 relinquishes all rights and benefits that he/she has or may have under California Civil Code Section 1542. That section states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or hcr favor at the time of executing the release and that, if known by him or her, would have materially alt'ected his or her settlement with the debtor or released party." Dcfcndant acknowledges that the significance and consequence of this waiver is that even if he or she should eventually sulTcr additional damages arising out of the Account, or thc above-referenced matter, he or she will not be permitted to make any claim for those damages. Furthermore. Defendant acknowledges that he or she intends that consequence even as to claims for damages that 10 may exist as of the date this Stipulation is executed, but which he or she does not know exist. and which, if known, would materially affect his or her decision to execute this Stipulation. 12 regardless of whether his or her lack of knowledge is the result of ignorance, oversight, error. CVg Pl 13 negligence, or any other cause. Said waiver is specific to the Account and the above- S o D~ 14 captioned matter and does not extend to any other accounts or other financial obligations that kl g 15 Defendant may have with any Releasee. 0Z g 16 14. Plaintiff expressly waives and relinquishes all rights and benefits that it has or may have 17 under California Civil Code Section 1542. That section states: "A general release does not 18 extend to claims that the creditor or releasing party does not know or suspect to exist in his or 19 her favor at the time of executing the release and that, if known by him or her. would have 20 materially affected his or her settlement with the debtor or released party." Plaintity 21 acknowledges that the significance and consequence of this waiver is that even if it should 22 eventually suffer additional damages arising out of the Account. or the above-referenced 23 matter, it will not be permitted to make any claim for those damages. Furthermore, Plaintiff 24 acknowledges that itintends that consequence even as to claims for damages that may exist 25 as of the date this Stipulation is executed, but which it does not know exists. and which. if 26 known, would materially affect its decision to execute this Stipulation, regardless of v'hethcr 27 its lack of knowledge is the result of ignorance, oversight, error. negligence. or any other 28 cause. Said waiver is specific to the Account and the above-captioned matter and does not Page 5 of 7 Settlement Agreemcnt (Code of Civil Procedure 664.6) DD0002VXi LB I ( extend to any other accounts or other financial obligations that Defendant may have with any Releasee. Plaintiff's waiver is not effective until all payments owed by Defendant under this Stipulation have been paid. 4 15. The negotiations leading to the terms of this Stipulation and any and all facts related to the Matters Released are confidential. The Parties agree not to disclose thc above to any person except as may be necessary for the preparation of financial statements or tax returns. or as may be required by law, or by valid Order of Court. If'any Party or person acting on behall'ol a Party hereto receives an inquiry about this Stipulation, such Party will respond only that 'the matter has been resolved.'* Nothing in this Stipulation shall. however. be deemed to 10 interfere with each Party's obligation to report transactions with appropriate governmental„ taxing, and/or registering agencies or to comply with the law or a valid Court Order. In 12 addition, nothing in this Stipulation prohibits or limits the Parties or their counsel I'rom initiating communications directly with, responding to any inquii3 from, volunteering c —CO 14 information to, or providing testimony before, the Office of the Comptroller of the Currency. 'z" 15 Bureau of Consumer Financial Protection, Securities and Fxchange Commission. Department of Justice, any other self-regulatory organization or any other governmental. Iaw 17 enforcement, or regulatory authority, regarding this Stipulation and its underlying facts and 18 circumstances, or any reporting of, investigation into, or proceeding regarding suspected 19 violations of law, and that the Parties are not required to advise or seek permission before 20 engaging in any such activity. Furthermore, Defendant understands that this Stipulation may 21 be filed with the court. 22 16. The Parties represent and warrant that they have not sold, transferred, conveJed. assigned. or 23 otherwise disposed of any right, title, or interest in any of the Matters Released or this 24 Stipulation to any person or entity, and that the Parties are not aware of any other pet son or 25 entity who may have or who has asserted or can assert a right, title,or interest in any of the 26 Matters Released or this Stipulation. The Parties further represent and warrant that they are 27 duly authorized and fully capable of executing this Stipulation and understand its contents. 28 17. Defendant acknowledges that Defendant has not sought. received or relied on Plaintiff. Page 6 of 7 Settlement Agreement (Code of Civil Procedure lt664.6) DD0002VX LB I 13860I7.00I 1 Plaintiffs counsel or any agent of Plaintiff for any tax advice of any kind with respect to thc 2 effects of this Stipulation, the Matters Released, or the delivery or payment of any 3 consideration identified herein and Plaintiff may be required to file certain 1099 or other information reports with the United States Internal Revenue Service. Defendant has been 5 advised to consult with tax counsel of Defendant's own choice to seek Ij legal and tax advice 6 regarding the taxability or non-taxability of consideration provided herein. 7 18. Defendant acknowledges having had the opportunity to consult with legal counsel of his/her 8 choice concerning Defendant's legal rights with respect to the form and content of this 9 lt Stipulation and the advisability of executing it. Defendant has read this Stipulation and is ltd executing it voluntarily and not under duress of any kind. 11 '9. This Stipulation may be signed in counterparts, and the counterparts together shall constitute 12 one document. Counterparts including faxed, scanned, or photocopied signatures shall be as 0 13 ~~ valid as an original. 14 20. This Stipulation contains the entire agreement of the Parties. There are no oral or written 0 y 15 'greements or understandings not contained herein. DA A ATTERSON 18 19 Dated: uu i i ~act J vK I I 20 Portfolio Recovery Associates, L Legal Representative 21 Name: 22 25 26 27 28 Page 7 of 7 Settlement Agreement (Code of Civil Procedure tI664.6 j DD0002VXi LB I 13 II 60 I 7.00 I