Motion to Set Aside or Vacate Judgment, Default or Dismissal in Wells Fargo Bank, N.A. vs. Kevin Worden| Trellis.Law

On November 29, 2016 a Motion,Ex Parte was filed involving a dispute between Wells Fargo Bank, N.A., and Worden, Kevin D., for 09 Limited - Rule 3.740 Collections Over $10,000 in the District Court of Fresno County.

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COLLECTION AT LAW, INC.
A PROFESSIONAL LAW CORPORATION E-FILED
Jon O. Blanda, Esq. (State Bar No. 217222) 1/5/2021 11:12 AM
Angela A. Velen, Esq. (State Bar No. 217292) Superior Court of California
Hanna Kerfan, Esq. (State Bar No. 327122) County of Fresno
3835 East Thousand Oaks Blvd. Suite R-349 By: L. Vang, Deputy
Westlake Village, California 91362
Phone Number (818) 716-7630
Facsimile (818) 716-7775
Attorneys for Plaintiff,
WELLS FARGO BANK, N.A.,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
B.F. SISK COURTHOUSE - LIMITED JURISDICTION

10 WELLS FARGO BANK, N.A., Case No. 16CECL09558

1 Plaintiff, NOTICE OF MOTION AND MOTION
TO VACATE DISMISSAL UNDER
12 Vv. C.C.P. § 664.6 & ENTER JUDGMENT
PURSUANT TO STIPULATION;
13 KEVIN D WORDEN, an individual, DECLARATION OF HANNA
KERFAN;
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Filed Concurrently: Notice of Lodging of
15 [Proposed] Order and [Proposed]
Judgment
16 Defendant(s)
DATE: February 11, 2021
17 TIM 330
DEPT: 404
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19 TO DEFENDANT KEVIN D WORDEN, an individual:

20 PLEASE TAKE NOTICE that on February 11, 2021, at 8:30 A.M. in Department 404, or

21 as soon thereafter as counsel may be heard at the above referenced Court, located at 1130 O

22 Street, Fresno, CA 93721, ("Plaintiff’) will move this Court to vacate the dismissal and enter

23 Judgment pursuant to the Stipulation pursuant to C.C.P. § 664.6 .

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Plaintiff's Motion is based upon this Notice; Memorandum of Points and Authorities:

Notice of Non Compliance; and the Declaration of Hanna Kerfan filed and served concurrently

herewith; upon all papers, pleadings, records on file herein; and upon such further oral and

documentary evidence as may be presented at the hearing on this Motion.

patep: }2~2 4 2020 COLLECTION AT LAW, INC.

BY:
HANNA KERFAN. ESQ.
10 Attorney for Plaintiff

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NOTICE OF NON-COMPLIANCE
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: DEFENDANT KEVIN D
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WORDEN, HAS NOT CURED THE DEFAULT UNDER THE TERMS OF THE
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STIPULATION AND AS SUCH, JUDGMENT SHOULD BE ENTERED ACCORDINGLY.
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MEMORANDUM OF POINTS AND AUTHORITIES

Introduction
This is a simple collections case. Plaintiff Wells Fargo Bank, N.A. (“Plaintiff”) sued

KEVIN D WORDEN, an individual (“Defendant”) for the collection of a debt in the sum of

$22,926.72. Thereafter, Plaintiff and Defendant entered into a Stipulation for Entry of Judgment

and Installment Payments & Dismissal of Action with Consent to Court Retaining Jurisdiction

Pursuant to C.C.P. § 664.6 (“Stipulation”).

Pursuant to the terms of the Stipulation, Defendant was to make payments of $478.00 on
10 or before the 1* of each and every consecutive month commencing on or before June 1, 2017

11 through and including April 1, 2021. A final payment of $460.72 shall be paid on or before May
12 1, 2021. The total settlement amount is $22,926.72.

13 As of the date of this Motion, Defendant has made payments totaling $18,164.00, and

14 has failed to remit any further payments. On or about November 11, 2020, Plaintiff sent a letter
15 to Defendant informing him that he was in default pursuant to the terms of the agreement and
16 provided seven additional days to cure the default by paying the past due amount. However,
17 of the date of the filing of this motion, the Defendant has failed to cure default.
18 Il.
19 Cal. Code Civ. Proc. § 664.6 Provides This Court the Authority to Enforce This Settlement
20 If parties to pending litigation stipulate, in a signed writing for settlement of the case, or
21 part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.
22 See Cal. Code Civ. Proc. § 664.6. Here, Plaintiff and Defendant entered into a Stipulation for

23 Entry of Judgment and Installment Payments & Dismissal of Action with Consent to Court
24 Retaining Jurisdiction Pursuant to C.C.P. § 664.6 & Court Order Thereon. A true and correct
25 copy of the Stipulation, the original of which is on file with the Court, is attached to the
26 declaration of Hanna Kerfan as Exhibit “1”, and incorporated herein by reference.
27 However, Defendant failed to comply with the terms of the Stipulation. Defendant has
28 not made the required payments, and is in breach of the Stipulation. On or about November 11,

2020, Plaintiff sent a letter to Defendant informing him that he was in default pursuant to the
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terms of the agreement and provided seven additional days to cure the default. A true and

correct copy of the letter sent to Defendant is attached to the declaration of Hanna Kerfan as
Exhibit “2”, and incorporated herein by reference. However, as of the date of the filing of this

motion, the Defendant has failed to cure the default. Accordingly, Plaintiff requests that the

Court vacate the dismissal and enter Judgment pursuant to the Stipulation.
In.

The Court Should Enter Should Enter Judgment Pursuant to the Stipulation in the Sum of
$5,217.72.

The Stipulation sets for the terms for the entry of judgment in the event of non-payment.
10 Specifically, the Stipulation provides that “[j]Judgment may be entered forthwith in favor of
11 Plaintiff and against said Defendant in the total sum of $22,926.72 plus costs, minus credit for
12 any payments actually made pursuant to this Stipulation For Entry of Judgment and Installment
13 Payments (“Stipulation).”

14 Here, Defendant has only made payments totaling $18,164.00, and has failed to remit any

15 further payments. On or about November 11, 2020, Plaintiff sent a letter to Defendant informing
16 him that he was in default pursuant to the terms of the agreement and provided seven additional

17 days to cure the default. However, as of the date of the filing of this motion, the Defendant has

18 failed to cure default. As a result, a balance of $4,762.72 remains outstanding.

19 Plaintiff has also incurred $455.00 in costs ($370.00 filing fee; $85.00 service of

20 process). Plaintiff waives pre-judgment legal interest. Therefore, Plaintiff respectfully requests
21 the Court to vacate the dismissal and enter Judgment pursuant to the Stipulation in the sum of

22 $5,217.72.
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IV.

Conclusion

For the reasons set forth above, the dismissal of this case should be vacated and Judgment
should be entered pursuant to the Stipulation for Entry of Judgment and Installment Payments.

pateD: |2-2% ,2020 Respectfully submitted,
COLLECTION AT LAW, INC.

By:
HANNA KERFAN, ESQ.
LU
ATTORNEY FOR PLAINTIFF

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ECLARATION OF HANNA KERE,

I, Hanna Kerfan, declare as follows:

1 I am an attorney at law duly licensed to practice in all the courts of the State of

California, and I am the attorney for Wells Fargo Bank, N.A. (“Plaintiff”), for the pending action.
If called upon to testify, I could competently testify to the following facts as they are personally
known to me:

2 Plaintiff Wells Fargo Bank, N.A. (“Plaintiff”) sued Defendant KEVIN D

WORDEN (“Defendant”) for the delinquent credit card debt in the amount of $22,926.72.

3 Thereafter, Plaintiff and Defendant entered into a Stipulation for Entry of

10 Judgment and Installment Payments & Dismissal of Action with Consent to Court Retaining
11 Jurisdiction Pursuant to C.C.P. § 664.6 & Court Order Thereon. Attached hereto as Exhibit “1”,
12 and incorporated herein by reference is a true and correct copy of the Stipulation for Entry of

13 Judgment and Installment Payments & Dismissal of Action with Consent to Court Retaining
14 Jurisdiction Pursuant to C.C.P. § 664.6, the original of which is on file with the Court.

15 4 Pursuant to the terms of the Stipulation, Defendant was to make payments of
16 $478.00 on or before the 1* of each and every consecutive month commencing on or before June
17 1, 2017 through and including April 1, 2021. A final payment of $460.72 shall be paid on or
18 before May 1, 2021. The total settlement amount is $22,926.72.

19 5 As of the date of this Motion, Defendant has made payments totaling $18,164.00,

20 and has failed to remit any further payments, and thus is in default pursuant to the terms of the
21 Stipulation.

22 6 On or about November 11, 2020, the firm sent a letter to Defendant informing him

23 that he was in default pursuant to the terms of the agreement and provided seven additional days

24 to cure the default by paying the past due amount. Attached hereto as Exhibit “2”, and

25 incorporated herein by reference is a true and correct copy of the letter which was sent to

26 Defendant’s attorney.

27 7 As of the date of the filing of this motion, the Defendant has not cured the

28 default.

8 The Stipulation sets for the terms for the entry of judgment in the event of non-
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payment. Specifically, the Stipulation provides that “[j]Judgment may be entered forthwith in

favor of Plaintiff and against said Defendant in the total sum of $22,926.72 plus costs, minus

credit for any payments actually made pursuant to this Stipulation For Entry of Judgment and

Installment Payments (“Stipulation).”

9 Plaintiff has also incurred $455.00 in costs ($370.00 filing fee: and $85.00 service

of process). Plaintiff waives pre-judgment legal interest.

10. Therefore, Plaintiff respectfully requests the Court to vacate the dismissal

pursuant to C.C.P. § 664.6 and enter Judgment pursuant to the Stipulation in the sum of

$5,217.72.
10 I declare under penalty of perjury that the forgoing is true and correct on / 2 = 25 :

11 2020 in Westlake Village, California.

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GEC
Hanna Kerfan, Declarant
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Exhibit “1”
, ®

COLLECTION AT LAW, INC.
A PROFESSIONAL LAW CORPORATION
Jon O. Blanda (State Bar No. 217222)
Angela A. Velen (State Bar No. 217292)
Jeffery Mukai (State Bar No. 273338)
3835 East Thousand Oaks Blvd., Suite R349
Westlake Village, California 91362
Phone Number (818) 716-7630
Facsimile (818) 716-7775
RECEIVED VIA E-FILE
Attorneys for Plaintiff
WELLS FARGO BANK, N.A. 5/31/2017 9:56:35 AM
FRESNO COUNTY SUPERIOR COURT
By: J. Meneses, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
B.F. SISK COURTHOUSE ~ LIMITED JURISDICTION

10
WELLS FARGO BANK, N.A., Case No. 16CECL09558
11
Plaintiff, STIPULATION FOR ENTRY OF
12 JUDGMENT AND SETTLEMENT
v AND RELEASE & DISMISSAL OF
13 ACTION WITH CONSENT TO
KEVIN D. WORDEN, an individual, COURT RETAINING JURISDICTION
14 PURSUANT TO C.C.P §664.6 &
COURT ORDER THEREON
15 Defendant(s).
16
17
IT IS HEREBY STIPULATED, by and between the WELLS FARGO BANK, N.A.
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(“Plaintiff”), and KEVIN D, WORDEN, an individual (“Defendant”), as follows:
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1 Judgment may be entered forthwith in favor of Plaintiff and against said
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Defendant in the total sum of $22,926.72, plus costs, minus credit for any payments actually
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made pursuant to this Stipulation for Entry of Judgment and Installment Payments

(“Stipulation”).
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2. This Stipulation shall be filed for the limited purpose of notifying the Court of the
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parties’ settlement and dismissing this case pursuant C.C.P. Section 664.6; however, no
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KEVIN D. WORDEN, Account ending in 5596
STIPULATION FOR ENTRY OF SDGMT AND INSTALLMENT PAYMENTS.
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judgment shall be entered provided that said Defendant make the installment payments as

follows:

(A) $478.00 shall be paid on or before the 1" of each and every consecutive month
commencing on or before June 1, 2017 through and including April 1, 2021;

(B) $460.72 shall be paid on or before May 1, 2021;

3 Upon the faithful, timely and prompt payment of all installments herein above

provided for, totaling $22,926.72, then, and in that event the Stipulation shall be deemed

satisfied in full.
4 The Parties further agree that the Court may retain jurisdiction pursuant to
10 C.C.P §664.6 to enforce all terms of this settlement. The parties further agree that this document
i may and will be filed with the Court for the sole purpose of dismissing the case while the
12 Defendant is in repayment.

13 5 Release: Except for the obligations set forth in this Settlement Agreement: The
14 parties named above, hereby release each other from the causes of action, arising out of or
15 relating to aforementioned account number ending in 5596.
16 6 Full and Complete Release: This release only applies to the parties listed in this

17 Agreement concerning the account number which ends with 5596 and which is the subject matter

18 of the above captioned lawsuit. Except for the obligations created by, acknowledged in or arising
19 out of this Agreement, and for good and adequate consideration, the receipt of which is hereby

20 acknowledged, each of the parties hereto, for itself, himself and/or herself, and their respective

21 officers, shareholders, directors, agents, employees, principals, predecessors, successors, assigns,

22 parent corporations, subsidiary corporations, affiliates, heirs, executors, attorneys, accountants,

23 administrators, heirs, and representatives, fully releases each and every other party hereto, and its

24 officers, shareholders, directors, agents, employees, principals, predecessors, successors, assigns,
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KEVIN D. WORDEN, Account ending in 5596
STIPULATION FOR ENTRY OF JDGMIE AND INSTALLMENT PAYMENTS
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s, accountants,
parent corporations, subsidiary corporations, affiliates, heirs, executors, attorney
promises, debts, liabilities,
administrators, heirs, and representatives, from any and all claims,
, liens, and causes of
costs, sums of money, actions, demands, contracts, suits, expenses, damages
known or unknown,
action, in law or in equity, of any kind whatsoever, (collectively "Claims")
of Defendant
suspected or unsuspected, arising out of or in any way connected with the liability
in 5596 and any prospective
as alleged in the Matter, on the collection of their Account ending
nt, or their
causes of action which may be alleged in the future by any party to this Agreeme
us prosecution,
attorneys of record, including but not limited to, any claim for fraud, malicio
nal infliction of
malpractice, breach of contract, unfair business practice, negligence, intentio
statutory duty, bad faith,
10 emotional distress, negligent infliction of emotional distress, breach of
Act, violations of the
Mt credit defamation, violations of the Federal Debt Collection Practices
or factual basis
12 Rosenthal Fair Debt Collection Practices Act or otherwise, regardless of the legal
of any
13 therefor. This release specifically excludes and does not act as a release as to the liability
od and agreed
14 other Wells Fargo Bank, N.A. accounts or any other matter. It is further understo
be
15 by and between the parties hereto that other damages not now known may develop or
and this
16 discovered, or other consequences or other results may develop or be discovered,

7 Agreement is specifically intended to cover and include all such future damages or future

18 consequences or results of known or unknown damages, including all rights of action therefor;
19 that the provisions of section 1542 of the Civil Code of the State of California are expressly
20 waived by the Parties hereto, and each of them, and all Parties acknowledge that said section
21 provides the following:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
22 WHICH THE CREDITOR DOES NOT KNOW O PECT TO
EXIST IN HIS OR HER FAV AT THE TIME OF EXECUTING
23
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
24 MATERIALLY AFFECTED
HAVE MALE
HAVE HIS OR HER
ee ee eeeeeeeee SETTLEM
eey_ee—Ee ENT
eeeeee
WITH THE DEBTOR."
25 KEVIN D. WORDEN, Account ending in 5596
STIPULATION FOR ENTRY OF JOGMT AND INSTAL MENT PAYMENTS,
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7 Upon the failure of Defendant to make the installment payments herein above

provided for, including non-sufficient funds checks. Plaintiff may cause this Stipulation to be

filed with the above-entitled court, along with a Declaration of Plaintiff or Plaintiffs counsel of

record, or any attorney with Plaintiff's Counsel, reciting such default in payment and setting

forth the full amount in Paragraph 1, less payments made under this Stipulation plus costs paid
and incurred, pursuant to written Declaration by Plaintiff.

8 Upon the filing of the Stipulation and Declaration as set forth in paragraph seven
(7) above, judgment may be rendered thereon by a judge of said court or a duly appointed

commissioner of said court.
10 9. If Defendant should default, and fail to make a payment as agreed, and if the
il default is not cured as provided for in this Stipulation, Plaintiff shall be entitled to enter this

12 Judgment in this matter. However, prior to entering Judgment in this matter, Plaintiff shall

13 provide Defendant with 7 days’ notice of its intention to file the Stipulation to enter Judgment
14 and provide Defendant an opportunity to cure. If Defendant fails to cure within the time
15 specified, Plaintiff may enter Judgment without further notice to Defendant.
16 10. It is expressly agreed that the Declaration referred to in Paragraph 7 above shall
17 be conclusive proof of the fact of default of said Defendant and of the amount then owing by
said
18 Defendant to the Plaintiff, and said Declaration can be made by any attorney, partner,
or officer
19 of the Plaintiff or their Counsel.
20 11. SAID DEFENDANT EXPRESSLY WAIVES ALL RIGHTS TO A HEARI
NG
21 CONCERNING THE FACT OF DEFAULT AND THE AMOUNTS OWING, SAID
22 DEFENDANT FURTHER WAIVES ANY RIGHT TO CONTEST THE ENTRY OF

23 JUDGMENT AS PROVIDED HEREIN AND WAIVES ANY DEFENSE TO
THE WITHIN
24 ACTION. DEFENDANT FURTHER WAIVES ALL RIGHTS TO AN APPEAL.
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KEVIN D, WORDEN, Account ending in 5596
STIPULATION FOR ENTRY OF JOGMT AND INSTALLMENT PAYMENTS
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12. All payments under this agreement shall be made payable to the order of

"Wells Fargo Bank, N.A.” and mailed or delivered to the offices of Plaintiff's attorney,

Collection At Law, Inc., at 3835 East Thousand Oaks Blvd., Suite R-349 Westlake Village,

California 91362 or to such other address as Plaintiff or Plaintiff's attorney of record shall

direct by notice in writing duly given to Defendant.

13. All notices, correspondence or communications of any type from Plaintiff to

Defendant shall be directed to Defendant’s attorney: Curtis Molloy, Esq., unless Plaintiff is

otherwise directed by Defendant, or someone acting on Defendant's behalf. Furthermore, notices
maybe sent by fax or email.

10 14, Time is of the essence of the Agreement and the payments due hereunder.

11 Acceptance of a late payment by Plaintiff shall not constitute a waiver nor in any way prejudice
12 Plaintiff's right to receive and demand timely payments thereafter. Plaintiff, in its sole discretion,
13 shall have the right to declare a default under the terms herein, regardless of the number of times
14 it has not declared a default, although entitled to do so.

15 15. Defendant hereby waives any notices and opportunity to be heard in the event of

16 such default and, in particular, said Defendant expressly waives any and all rights they may have

17 in regard to such notice and opportunity to be heard as set forth in the case of Rooney vs.

18 Vermont Investment, 10 Cal.3d 351 (1973).

19 16. Defendant, at all times material hereto, had the opportunity to consult with legal
20 counsel of their own choosing concerning their rights with respect to the form and content of
21 the Stipulation for Entry of Judgment, and the advisability of executing same.
22 17. Defendant acknowledges receipt of the Summons and Complaint in this action
23 and that the signing of this Stipulation and filing with said document with this Court constitutes

an appearance in this action. The Defendant further agrees to sign any further or alternate
documents in connection with this settlement.
18. Defendant further acknowledges that there are no other promises associated with

this Stipulation and this document is a final understanding of the parties’ intent with respect to

the settlement of this matter.

19, That in the event there is a default by the Defendant under this Stipulation, and

should Plaintiff seek judgment, that Plaintiff need only file the following documents: (1) Notice

of Non-Compliance with this Stipulation, (2) A Copy or Original of this Stipulation; (3)
Declaration of Plaintiff or their Counsel reciting Default, and (4) A Proposed Judgment.

10 20. The Defendant shall bear his own costs with respect to this settlement.

YW 21. The Internal Revenue Service (IRS) requires financial institutions to annually

12 report to the IRS forgiveness of debt in the amount of $600.00 or greater. If you accept this

13 settlement offer and it results in a forgiveness of $600.00 or more of the principle balance due on
14 your account, we may be required to report that amount to the IRS. Please contact your tax

15 advisor with any questions.

16 22. Plaintiff will report this settlement and the status of Defendant's account to credit

17 reporting agencies in accordance with the Federal Fair Credit Reporting Act. This settlement

18 may have a negative impact on your credit report.

19 23. This Stipulation may be executed in counterparts. Each counterpart shall be
20 deemed an original and, when taken together with the other counterparts, shall constitute one
21 agreement which shall be binding and shall inure to the benefit of all parties. Photographic or
22 facsimile copies or email or PDF copies of such counterparts or of the entire document may be

23 used in lieu of the originals for any reason.

24 M1
25 KEVIN D, WORDEN, Account ending in 5596
STIPULATION FOR ENTRY OF JOGMT AND INSTALLMENT PAYMENTS
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95/02/2017
,
ap:S? Frowggp 187167775 Angela Velen
@ Page: 88

1] pateo: 05 /atfzol7 WELLS FARGO BANK, N.A.,
2

By:
Authorized Agent, Plaintiff

KEVIN D. WORDEN, an individual;

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patep: _ 97/ A-17 By: Be Mile
a Kevin D. Worden, Defendant

12a

13 di
Id “i
15 OR 'HEREON

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For Good Calisc Appcaring, the Court shall dismiss this Action, pursuant to the tenns of
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this agreement and pursuant to C.C.P. Section 664.6. In the event of default by Defendant (s),
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Plaintiff may,in avcordance with the terms contained herein, have judgment entered against
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20 Defendant (s).

a
2
Dated: __. nee
22
22 Honorable Judge Of the Superior Court

4
<
35 KEVIN. WORDEN, Accauat ending 1 5590
STIR ATION HIE RY GE EIEN AND IMSL ALL ATES Ae NLS
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05/02/2017 12:02PM (GMT-05:00)
Exhibit “2”
COLLECTION AT LAW, INC. A California Law Corporation
Mailing Address: 3835 East Thousand Oaks Blvd., Suite R349, Westlake Village, California 91362
Telephone: (818) 716-7630
Jon O. Blanda, Esq., Admitted to Practice in California
Angela A. Velen, Esq., Admitted to Practice in California
Hanna Kerfan, Esq., Admitted to Practice in California

November 11, 2020

VIA U.S. MAIL
KEVIN D WORDEN C/O
ATTN: FREEDOM DEBT RELIEF
4940 S WENDLER DR., STE 101
TEMPE,AZ 85282

Re: Your Wells Fargo Bank, N.A. Account Ending In: ****########5596

NOTICE: THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN
ATTEMPTTO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILLBEUSED
FOR THAT PURPOSE.

Dear KEVIN D WORDEN,

It has come to our attention that you have not made your requisite payments under your
settlement agreement or legal stipulation agreement with Wells Fargo Bank, N.A.. As such, we are
required to inform you that you have seven (7) days from the date of receipt of this letter to contact us
to determine the number of missed payments and the past due amount under the settlement.

If payment is not received, Wells Fargo Bank, N.A. may pursue any and all available legal
remedies. If you have any questions, please contact our office.

Very truly yor

Angela A. Velen, Esq.
Collection at Law, Inc.
A Professional Law Corporation
PROOF OF SERVICE

STATE OF CALIFORNIA ]
|ss.
COUNTY OF VENTURA ]
am employed in the County of Ventura, State of California. Iam over the age of 18
and not a party to the within action; my business address is 3835 E. Thousand Oaks Bivd.,
Suite R-349, Westlake Village, California 91362.

On L-LS , 2020, I served the foregoing document(s) described as NOTICE
OF MOTION AND MOTION TO VACATE THE DISMISSAL UNDER C.C.P. § 664.6
& ENTER JUDGMENT PURSUANT TO STIPULATION; DECLARATION OF
HANNA KERFAN to be served in the manner so indicated to the following individual(s)
listed below:

By placing the document enclosed in sealed envelopes for collection and/or delivery
addressed as follows:
10
KEVIN D WORDEN
11 2509 N. Chestnut Avenue
Fresno, CA 93703
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@ BY MAIL | placed the envelope for collection and mailing, following our ordinary
13 business practices. I am readily familiar with this business's practice for collecting and
processing correspondence for mailing. On the same day that correspondences is placed
14 for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully prepaid.
15
BY PERSONAL SERVICE | caused to be delivered by hand the attached
16 document(s) to the person(s) named above.

17 BY FACSIMILE | caused the attached document(s) to be transmitted to the interested
parties in this action by faxing a true copy from facsimile number (818) 716-7775. The
18 document was transmitted by facsimile transmission and the transmission was reported
as complete and without error. The transmission report was properly issued by the
19 transmitting facsimile machine.

20 OVERNIGHT DELIVERY (FEDERAL EXPRESS) I caused the attached
document(s) to be delivered via overnight delivery by depositing copies with the nearest
21 Federal Express location. The envelope was marked for overnight delivery, with the
delivery charged to the sender's account.
22
STATE I declare under penalty of perjury under the laws of the State of California that
23 the foregoing is true and correct.

24 Executed on 1 “ zz 2+ 2020 at Westlake Village, California.

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Cullers, Mark Track Judge’s New Case

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January 05, 2021

Case Filing Date

November 29, 2016

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Motion,Ex Parte: Wells Fargo Bank, N.A. vs. Kevin Worden

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