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16CV300096
Santa Clara — Civil
Fred W. Schwinn (SBN 225575)
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854)
CONSUMER LAW CENTER, INC.
38 West Santa Clara Street
San Jose, California 95113-1806
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 4/1/2022 4:42 PM
Reviewed By: R. Walker
Case #16CV300096
Envelope: 8658523
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC,
Plaintiff,
Vv.
MARIA CANUL,
Defendant.
MARIA ANTONIA CANUL, on behalf of
herself and all others similarly situated,
Case No. 16CV300096
(Unlimited Civil Case)
Assigned for All Purposes to the
Honorable Patricia M. Lucas (Dept. 3)
NOTICE OF MOTION AND
DEFENDANT/CROSS-COMPLAINANT’S
MOTION FOR CLASS CERTIFICATION
Cross-Complainant,
Hearing Date: June 22, 2022
v. Hearing Time: 1:30 p.m.
Hearing Dept.: 3
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
corporation; and ROES 2 through 10,
inclusive,
191 North First Street
San Jose, California
Hearing Location:
Cross-Defendants.
NOTICE IS HEREBY GIVEN that on June 22, 2022, at 1:30 p.m., or as soon thereafter as the
matter may be heard before the Honorable Patricia M. Lucas in Department 3 of the Santa Clara County
Superior Court, located at 191 North First Street, San Jose, California, Defendant/Cross-Complainant,
MARIA ANTONIA CANUL (“CANUL”), will and hereby does move this Court for an Order to:
certify this case to proceed as a class action; appoint CANUL as the representative of the class; and
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MOTION FOR CLASS CERTIFICATION Case No. 16CV300096AU BR won
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appoint the attorneys of Consumer Law Center, Inc., as class counsel.
CANUL seeks certification of the class, defined as follows:
All persons with addresses in California against whom Cross-Defendants filed a
collection Complaint in the form of Exhibit “1” to the First Amended Class Action
Cross-Complaint for Declaratory Relief and Damages herein, in an attempt to collect a
charged-off consumer debt originally owed to WEBBANK, which was sold or resold to
VELOCITY on or after January 1, 2014, during the period October 24, 2018, through
the date of class certification.
The basis of this motion is that all of the requirements for class certification have been met. The
elements for class certification in California and their applicability to this case are set forth in the
accompanying Memorandum of Points and Authorities in Support of Defendant/Cross-Complainant’s
Motion for Class Certification, filed herewith and incorporated herein by reference. This motion is also
based on the accompanying declarations and evidence submitted herewith, and incorporated herein by
reference.
WHEREFORE, Defendant/Cross-Complainant, MARIA ANTONIA CANUL, requests that this
action be certified as a class action, that Defendant/Cross-Complainant be appointed as the class
representative, and that counsel of Consumer Law Center, Inc., be appointed as class counsel.
CONSUMER LAW CENTER, INC.
Dated: March 29, 2022 By:
O Fred W. Schwinn (SBN 225575)
GRaeon R. Roulston (SBN 255622)
O Matthew C. Salmonsen (SBN 302854)
CONSUMER LAW CENTER, INC.
38 West Santa Clara Street
San Jose, California 95113-1806
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
MOTION FOR CLASS CERTIFICATION Case No. 16CV300096
Preview
Oye oh Coe IND 10 ie 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 16CV300096 Santa Clara — Civil Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 38 West Santa Clara Street San Jose, California 95113-1806 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/1/2022 4:42 PM Reviewed By: R. Walker Case #16CV300096 Envelope: 8658523 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC, Plaintiff, Vv. MARIA CANUL, Defendant. MARIA ANTONIA CANUL, on behalf of herself and all others similarly situated, Case No. 16CV300096 (Unlimited Civil Case) Assigned for All Purposes to the Honorable Patricia M. Lucas (Dept. 3) NOTICE OF MOTION AND DEFENDANT/CROSS-COMPLAINANT’S MOTION FOR CLASS CERTIFICATION Cross-Complainant, Hearing Date: June 22, 2022 v. Hearing Time: 1:30 p.m. Hearing Dept.: 3 VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and ROES 2 through 10, inclusive, 191 North First Street San Jose, California Hearing Location: Cross-Defendants. NOTICE IS HEREBY GIVEN that on June 22, 2022, at 1:30 p.m., or as soon thereafter as the matter may be heard before the Honorable Patricia M. Lucas in Department 3 of the Santa Clara County Superior Court, located at 191 North First Street, San Jose, California, Defendant/Cross-Complainant, MARIA ANTONIA CANUL (“CANUL”), will and hereby does move this Court for an Order to: certify this case to proceed as a class action; appoint CANUL as the representative of the class; and -1- MOTION FOR CLASS CERTIFICATION Case No. 16CV300096AU BR won oC oe ND 10 ul 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 appoint the attorneys of Consumer Law Center, Inc., as class counsel. CANUL seeks certification of the class, defined as follows: All persons with addresses in California against whom Cross-Defendants filed a collection Complaint in the form of Exhibit “1” to the First Amended Class Action Cross-Complaint for Declaratory Relief and Damages herein, in an attempt to collect a charged-off consumer debt originally owed to WEBBANK, which was sold or resold to VELOCITY on or after January 1, 2014, during the period October 24, 2018, through the date of class certification. The basis of this motion is that all of the requirements for class certification have been met. The elements for class certification in California and their applicability to this case are set forth in the accompanying Memorandum of Points and Authorities in Support of Defendant/Cross-Complainant’s Motion for Class Certification, filed herewith and incorporated herein by reference. This motion is also based on the accompanying declarations and evidence submitted herewith, and incorporated herein by reference. WHEREFORE, Defendant/Cross-Complainant, MARIA ANTONIA CANUL, requests that this action be certified as a class action, that Defendant/Cross-Complainant be appointed as the class representative, and that counsel of Consumer Law Center, Inc., be appointed as class counsel. CONSUMER LAW CENTER, INC. Dated: March 29, 2022 By: O Fred W. Schwinn (SBN 225575) GRaeon R. Roulston (SBN 255622) O Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 38 West Santa Clara Street San Jose, California 95113-1806 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL MOTION FOR CLASS CERTIFICATION Case No. 16CV300096