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  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
  • AMERICAN EXPRESS NATIONAL BANK FSB vs  GORNIK, MONICA M3.740 Collections: Limited $10,000 - $25,000 document preview
						
                                

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Lina M. Michael, Esq.; SBN: (237842) Brian P. McGurk, Esq.; SBN: (250091) MICHAEL A ASSOCIATES, PC 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 Telephone: (855) 785-4705 Facsimile: (805) 379-8525 Attorneys for Plaintiff, AMERICAN EXPRESS NATIONAL BANK Electronically Filed Our File Number: 18121904 5/22/2020 11:28 AM Superior Court of California Defendant's Information for Record: County of Stanislaus Dustin Young, Esq: Clerk of the Court (SBN: 254872) National Litigation Law Group By: Christine Zulim, Deputy 2401 NW 23't., Suite 42 Oklahoma City, OK 73107 $370 PAID 10 Telephone Number: (616) 347-6565 Attorney for Defendant, MONICA M GORNIK 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF STANISLAUS 14 LIMITED CIVIL CASE 15 AMERICAN EXPRESS NATIONAL BANK, Case No.: CV-19-000578 16 Successor by Merger to American Express Bank, FSB; AMERICAN EXPRESS STIPULATION FOR CONDITIONAL 17 NATIONAL BANK, ENTRY OF JUDGMENT 18 Plaintiff, C.C.P. 0 664.6 19 vs. Complaint Filed: January 30, 2019 20 MONICA M GORNIK, aka MONICA M 21 PALOMARES, an individual; Does 1through 20, inclusive. 23 Defendant. 24 25 IT IS HEREBY STIPULATED AND AGREED: 26 Certain disputes and differences have arisen between the parties concerning 27 AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank, 28 FSB; AMERICAN EXPRESS NATIONAL BANK's claim that there are alleged monies due STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. ) 664.6 1 and owing for unpaid credit card services for account numbers, XXXX-XXXXXX-X2004, XXXX-XXXXXX-X1004, and XXXX-XXXXXX-X2003, and that the amount of the outstanding balance due is $ 21,014.96. It isnow the desire of the respective parties hereto to resolve this dispute, without any admission of liability or fault. Now, therefore, in pursuance of this desire Plaintiff, AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank, FSB; AMERICAN EXPRESS NATIONAL BANK, and Defendant, MONICA M GORNIK, aka MONICA M PALOMARES, an individual, stipulate as follows: 10 a. Defendant's signature on this Stipulation is due in this office, on or before February 19, 2020. 12 b. Defendant further agrees their one time first appearance fee in the amount of 13 $ 370.00 will be processed via electronic check or shall be made payable to the "Clerk of the 14 Court" and mailed to Michael k Associates by March 26, 2020. 15 c. Payments may be made automatically using our check by phone system; or 16 payments may be made by check. If using our check by phone system, said checking information is due in this office the day before the first payment isdue. Personal checks and cashier's checks should be made payable to "American Express" and mailed to: Michael k, 19 Associates, PC at 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. If any 20 payment is returned twice for insufficient funds all future payments will be required to be made 21 by a cashier's check or wire. If you make a payment via wire transfer, you must contact Michael k Associates, PC, and confirm that such payment has been made and advise us of the date and 23 amount of the payment. 24 1. Plaintiff shall recover from Defendant the sum of $ 13,680.00 (see table below), to be paid as follows or this agreement shall be null and void: 26 Total principal at time of suit: $ 21,014.96 Court costs: $ 483.85 Total settlement forgiveness: ~$ 7 $1$ .$ 1 28 Total due at time of stipulation: 13 680. 0 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 2 Pa ment Schedule minimum due each month February 26, 2020 $ 760.00 March 26, 2020 $ 760.00 April 26, 2020 $ 760.00 May 26, 2020 $ 760.00 June 26, 2020 $ 760.00 July 26, 2020 $ 760.00 August 26, 2020 $ 760.00 September 26, 2020 $ 760.00 October 26, 2020 $ 760.00 November 26, 2020 $ 760.00 December 26, 2020 $ 760.00 January 26, 2021 $ 760.00 10 February 26, 2021 $ 760.00 March 26, 2021 $ 760.00 April 26, 2021 $ 760.00 12 May 26, 2021 $ 760.00 13 June 26, 2021 $ 760.00 July 26, 2021 $ 760.00 14 15 2. Failing to make any payment on time or should any payment be refused or returned 16 by the bank upon which it is drawn, Defendant shall be in default under the terms of this 17 Stipulation. Defendant shall be notified of such default in writing by email sent to 18 19 the notice. If Defendant fails to cure the default, Plaintiff may then obtain a judgment pursuant 20 to Code of Civil Procedure 664.6 for the entire balance owed by Defendant in the amount of 21 $ 21,014.96, plus court costs expended, less any payments made to date and may execute on the 22 judgment after entry, upon ex-parte or regular noticed motion. 23 3. The Parties acknowledge that they are familiar with the provisions of ~Caliornia 24 Civil Code Section 1542, which provides as follows: 25 "A general release does not extend to claims that the creditor or releasing party 26 does not know or suspect to exist in his or her favor at the time of executing the release 27 and that, if known by him or her, would have materially affected his or her settlement 28 with the debtor or released party." STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. ) 664.6 3 purpose of implementing a full and complete release and discharge of all claims, the Parties expressly acknowledge that this Stipulation also is intended to include in its effect, without limitation, and that the mutual releases will apply to, without limitation, all claims that they do not know or expect to exist in their favor as of the date hereof and that this Stipulation contemplates and provides for the extinguishment of any and all such claims. The Parties hereby release and absolutely and forever discharge each other, and their respective agents and attorneys, of and from any and all claims, demands, damages, debts, liabilities,accounts, obligations, costs, expenses, liens, actions and causes of action, of every 10 kind and nature (including claims for invasion of privacy, claims arising under the federal Fair Debt Collection Practices Act, claims arising under the California Rosenthal Fair Debt 12 Collection Practices Act, claims arising under the Gramm Leach Bliley Act (aka the Financial 13 Services Modernization Act), claims arising under the Fair Credit Reporting Act, and claims 14 arising under any Consumer Fraud Act), whether known or unknown, suspected or unsuspected, 15 which either party now has, owns or holds, or at any time heretofore ever had owned or held, or could own or hold, based on, related to, or by reason of any of the relations which created the 17 underlying claims of this action. This waiver shall also specifically apply to the collections 18 activities of Michael 8c Associates, PC, and its employees, regarding the AMEX account(s) 19 specified above. This waiver shall only apply to claims, demands, damages, debts, liabilities, 20 accounts, obligations, costs, expenses, liens, actions and causes of action arising prior to the 21 22 1542 shall only pertain to the AMEX account(s) specified above, and to no other accounts. 23 For the good and valuable consideration as set forth herein, Defendant(s) agree(s) to an 24 hereby does release Plaintiff(s) and its affiliated companies (including but not limited to 25 American Express Company; American Express Travel Related Services Company, Inc. American Express Centurion Bank; and American Express Bank, FSB), their directors, officers 27 agents, employees, representatives, servants, attorneys, predecessors, successors, assigns 28 subsidiaries, parent, and affiliated entities, from any and all claims, actions, causes of action STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $664.6 4 demands, liabilities,or obligations of any nature or kind, whether at present known or unknown, upon or by reason of any damage, loss or injury, which heretofore has been or which hereafte may be sustained by the undersigned, or for any other matters whatsoever from the beginning o the world to this date, including, but not limited to, the subject matter of the Action. 4. The parties signing this Stipulation agree that this court reserve personal and subject matter jurisdiction over the parties to this case to enforce the settlement until the settlement has been fully performed pursuant to Code of Civil Procedure 664.6. Parties further agree that this matter may be dismissed pursuant to Code of Civil Procedure 664.6. 5. Plaintiff, through its counsel of record, shall file a fully-executed copy of this 10 Stipulation for Conditional Entry of Judgment. It is further stipulated and agreed by the parties hereto that should Defendant pay all sums required pursuant to this Stipulation, Plaintiff, 12 through its counsel of record, shall file a Request for Dismissal with Prejudice of the above- 13 captioned action within 30 days of clearance of the final payment and shall not attempt to obtain 14 a judgment. 15 6. Defendant waives any and all rights to a trial by court or jury; to notice, hearing, 16 and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of 17 law; to appeal, to seek to nullify, to seek statutory or equitable relief or excuse from or otherwise challenge any provision of this Stipulation and any judgment or other court order 19 sought, obtained, entered and/or enforced in any way related thereto, including, but not limited 20 to, any motion addressed to the Court pursuant to Code of Civil Procedure 473, or any other 21 provision of law, equity, or other asserted power of the Court; to assert any argument or reason 22 or excuse for non-performance; and to assert partial or substantial performance in lieu of exact 23 performance. 24 7. In the event that any of the provisions of this Stipulation or any portion thereof is 25 held by a court of competent jurisdiction to be unenforceable and invalid, the validity and 26 enforceability of the enforceable portion of any such provision and of the remaining provisions 27 shall not be adversely affected. 28 8. This Stipulation is enforceable, binding and admissible in a court of law. STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. 5 664.6 5 9. This Stipulation may be signed in counterparts. 10. Any signature on this Stipulation via facsimile, e-signature or scanned document transmitted over e-mail shall be deemed as original. 11. This Stipulation is limited to AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank, FSB; AMERICAN EXPRESS NATIONAL BANK, for account numbers, XXXX-XXXXXX-X2004, XXXX-XXXXXX-X 1004, and XXXX-XXXXXX-X2003, for the above-entitled action only. **NO FURTHER TEXT ON THIS PAGE — SIGNATURES ON PAGE 7** 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 6 THE SIGNATURKS BEI 0%'NDICATE THIS STIPULATION HAS BEEN ENTERED BETWEEN A.MERICAN EXPRESS NATIONAL BANK AND MONICA M GORNIK: DATED: AMERICAN EXPRESS NATIONAL BANK, P) )~)T Successor by Merger to American Express Bank, FSB; AMERICAN EXPRESS NATIONAl. BANK BY: NOUBAR A S DOURIAN, Agent for Plaint&ff AMERICAN EXPRESS NATIONAL BANK DATED; MONICA M GORNIK, aka MONICA M 10 PALOMARES, an indi viduaI 12 BY. 3R. MONICA M GORNIK Defendant 14 APPROVED AS TO FORM AlV'8 COJV TElVT: 15 17 DATED: ~ /~&(76 MICHAEL & ASSOCIATES, PC BY: SPENCER PENUELA., 20 Attorney for PIaintiff AMERICAN EXPRESS NATIONAL 21 BANK 22 23 DATED: NATIONAL LITIGATION LA W GROUP 24 25 BY. QCQ GOAL~ DUSTIN YOUNG, 26 Attorney for Defendant MONICA M GORNIK 27 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. ) 664.6 7 THK SIGNATIJRKS BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED BETWEEN AMERICAN EXPRESS NATIONAL BANK AND MONICA M GORNIK: DATED: AMERICAN EXPRESS NATIONAL BANK, Successor by Merger to American Express Bank, FSB; AMERICAN EXPRESS NATIONAL BANK BY:~ NOUBAR ASSADOURIAN, Agent for Plaintiff AMERICAN EXPRESS NATIONAL BANK DATED: MONICA M GORNIK, aka MONICA M 10 PALOMARES, an individual M NICA MG IK 13 Defendant APPROVED AS TO FORM AXD CO%TEXT: 15 16 17 DATED: MICHAEL A ASSOCIATES, PC 18 19 cKD&~ SPENCER PENUELA, 20 Attorney for Plaintiff AMERICAN EXPRESS NATIONAL 21 BANK 23 DATED: 2-14-2020 NATIONAL LITIGATION LAW GROUP 25 DUSTIN YOUN 26 Attorney for Defendant MONICA M GORNIK 27 28 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. $ 664.6 7 6d Fac5iei)e, PROOF OF SERVICE I, the undersigned, declare: I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. I am an employee of the law firm of Michael & Associates, and my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. O„MS XE&7QR , Icaused to be served the following document(s): ~ STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT ~ PROPOSED ORDER FOR ENTRY OF STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT AND DISMISSAL PURSUANT TO C.C.P. 664.6 on the parties involved addresses as follows: dyoung nationlit.corn 10 BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of each addressee above. 12 BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with 13 this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it isdeposited in the ordinary course of business 14 with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage fully prepaid. I understand that service shall be presumed invalid upon motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained on this declaration. 16 17 BY FACSIMILE: By use of facsimile machine telephone number (805) 728-6266, I served a copy of the within document on the above interested parties at the facsimile number(s) listed above on this date 18 before 5:00 p.m. BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I am "readily familiar" with the firm's practice of collection and processing correspondence for Federal Express. Under that practice, it would 20 be picked up by a representative on that same day, in the ordinary course of business and would be delivered the next business. 21 XX BY ELECTRONIC MAIL:By use of my email address danielle.reyes@michaellegalgroup.corn, I 22 served a copy of the within document on the above interested parties at the email address listed above on this date before 5:00 p.m. Pacific Standard Time. 24 25 26 27 true and correct. EXECUTED: Y"~~'t I declare under penalty of perjury under the laws of the State of California that the foregoing is Thous Oaks, California. DANIELLE REYES 28 PROOF OF SERVICE