Preview
16CV300096
Santa Clara — Civil
Electronically Filed
Fred W. Schwinn (SBN 225575)
by Superior Court of CA,
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854) County of Santa Clara,
CONSUMER LAW CENTER, INC. on 8/11/2021 11:13 AM
1435 Koll Circle, Suite 104 Reviewed By: R. Walker
San Jose, California 95112-4610 Case #16CV300096
Telephone Number: (408) 294-6100 Envelope: 7039811
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
VELOCITY INVESTMENTS, LLC, Case No. 16CV300096
11 (Unlimited Civil Case)
Plaintiff,
12 v. Assigned for All Purposes to the
13 Honorable Patricia M. Lucas (Dept. 3)
MARIA CANUL,
14 Defendant.
MARIA ANTONIA CANUL, on behalf of NOTICE OF MOTION AND MOTION FOR
15
herself and all others similarly situated, ORDER GRANTING LEAVE TO FILE FIRST
16 AMENDED CLASS ACTION CROSS-
Cross-Complainant, COMPLAINT
17
v
18 Hearing Date: November 3, 2021
VELOCITY INVESTMENTS, LLC, a New Hearing Time: 1:30 p.m.
19 Jersey limited liability company; Hearing Dept.: 3
VELOCITY PORTFOLIO GROUP, INC., Hearing Judge.: Patricia M. Lucas
20 a Delaware corporation; and ROES 2 Hearing Location: 191 North First Street
through 10, inclusive, San Jose, California
21
22 Cross-Defendants.
23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
24
NOTICE IS HEREBY GIVEN that on November 3, 2021, at 1:30 p.m., or as soon thereafter as
25
the matter may be heard before the Honorable Patricia M. Lucas in Department 3 of the Santa Clara
26
Superior Court, located at 191 North First Street, San Jose, California 95113, Defendant/Cross-
27
28 Complainant, MARIA ANTONIA CANUL, will and hereby does move the Court for an Order
-1-
MOTION FOR ORDER GRANTING LEAVE Case No. 16CV300096
Granting leave to file First_ Amended Class Action Cross-Complaint_for Declaratory Relief and
Damages.
The purpose of this Motion is to clarify the class claims based on information discovered during
the discovery process. The proposed First Amended Class Action Cross-Complaint for Declaratory
Relief and Damages (“FACC”) includes additional factual allegations specific to Cross-Defendant,
VELOCITY PORTFOLIO GROUP, INC. (“VPGI”), subsequent to the Roe amendment adding it to
this action. The FACC also names the true name of the creditor at charge-off adds claims for violations
of California Civil Code §§ 1788.52(b), 1788.58(a)(6), and 1788.58(a)(9).
10
This Motion is based upon this Notice, the attached Memorandum of Points and Authorities, the
11
Declaration of Fred W. Schwinn, all the pleadings, records, and papers on file in this action, and upon
12
13 such further oral and documentary evidence as may be presented at hearing of this action.
14
CONSUMER LAW CENTER, INC.
15
16
Dated: August 11, 2021 By:
17 O Fred W. Schwinn (SBN 225575)
ORaeon R. Roulston (SBN 255622)
18
U0 Matthew C. Salmonsen (SBN 302854)
19 CONSUMER LAW CENTER, INC.
1435 Koll Circle, Suite 104
20 San Jose, California 95112-4610
Telephone Number: (408) 294-6100
al Facsimile Number: (408) 294-6190
22 Email Address: fred.schwinn@sjconsumerlaw.com
23 Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
24
25
26
27
28
-2-
MOTION FOR ORDER GRANTING LEAVE Case No. 16CV300096
Preview
16CV300096 Santa Clara — Civil Electronically Filed Fred W. Schwinn (SBN 225575) by Superior Court of CA, Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) County of Santa Clara, CONSUMER LAW CENTER, INC. on 8/11/2021 11:13 AM 1435 Koll Circle, Suite 104 Reviewed By: R. Walker San Jose, California 95112-4610 Case #16CV300096 Telephone Number: (408) 294-6100 Envelope: 7039811 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 VELOCITY INVESTMENTS, LLC, Case No. 16CV300096 11 (Unlimited Civil Case) Plaintiff, 12 v. Assigned for All Purposes to the 13 Honorable Patricia M. Lucas (Dept. 3) MARIA CANUL, 14 Defendant. MARIA ANTONIA CANUL, on behalf of NOTICE OF MOTION AND MOTION FOR 15 herself and all others similarly situated, ORDER GRANTING LEAVE TO FILE FIRST 16 AMENDED CLASS ACTION CROSS- Cross-Complainant, COMPLAINT 17 v 18 Hearing Date: November 3, 2021 VELOCITY INVESTMENTS, LLC, a New Hearing Time: 1:30 p.m. 19 Jersey limited liability company; Hearing Dept.: 3 VELOCITY PORTFOLIO GROUP, INC., Hearing Judge.: Patricia M. Lucas 20 a Delaware corporation; and ROES 2 Hearing Location: 191 North First Street through 10, inclusive, San Jose, California 21 22 Cross-Defendants. 23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: 24 NOTICE IS HEREBY GIVEN that on November 3, 2021, at 1:30 p.m., or as soon thereafter as 25 the matter may be heard before the Honorable Patricia M. Lucas in Department 3 of the Santa Clara 26 Superior Court, located at 191 North First Street, San Jose, California 95113, Defendant/Cross- 27 28 Complainant, MARIA ANTONIA CANUL, will and hereby does move the Court for an Order -1- MOTION FOR ORDER GRANTING LEAVE Case No. 16CV300096 Granting leave to file First_ Amended Class Action Cross-Complaint_for Declaratory Relief and Damages. The purpose of this Motion is to clarify the class claims based on information discovered during the discovery process. The proposed First Amended Class Action Cross-Complaint for Declaratory Relief and Damages (“FACC”) includes additional factual allegations specific to Cross-Defendant, VELOCITY PORTFOLIO GROUP, INC. (“VPGI”), subsequent to the Roe amendment adding it to this action. The FACC also names the true name of the creditor at charge-off adds claims for violations of California Civil Code §§ 1788.52(b), 1788.58(a)(6), and 1788.58(a)(9). 10 This Motion is based upon this Notice, the attached Memorandum of Points and Authorities, the 11 Declaration of Fred W. Schwinn, all the pleadings, records, and papers on file in this action, and upon 12 13 such further oral and documentary evidence as may be presented at hearing of this action. 14 CONSUMER LAW CENTER, INC. 15 16 Dated: August 11, 2021 By: 17 O Fred W. Schwinn (SBN 225575) ORaeon R. Roulston (SBN 255622) 18 U0 Matthew C. Salmonsen (SBN 302854) 19 CONSUMER LAW CENTER, INC. 1435 Koll Circle, Suite 104 20 San Jose, California 95112-4610 Telephone Number: (408) 294-6100 al Facsimile Number: (408) 294-6190 22 Email Address: fred.schwinn@sjconsumerlaw.com 23 Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL 24 25 26 27 28 -2- MOTION FOR ORDER GRANTING LEAVE Case No. 16CV300096