On March 22, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
American Express National Bank,
and
Does 1 To 10,
Maxheimer, James,
for Rule 3.740 Collections $10,000.01 - $25,000 Limited
in the District Court of San Bernardino County.
Preview
I
AARON BALDARO, Esq. —State Bar #261 156 §- H
-
SCOTT D DYLE, Esq.——State Bar #300917 °Lé'EEuR'OR CO$1§=PAUFORMA
N AMERICAN EXPRESS LEGAL NARI: No
SA§g§§§A%fi&RD'STR'CT
199 South Los Robles Ave., Suite 540 .
Pasadena, CA 91 101
'
-
DEC 2 3 2021
(626.) 660-0001
ADJ
Telephone: ‘
Fax: (626) 298-6716
a ar o n n .b a 1d aro@aexp com
C kwwfi
‘
. .
BY
Attorneys for Plaintiff American Express National Bank EDUARDO HERNANDEZ DEPUTY
\DOOQQUI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — SAN BERNARDINO CIVIL DIVISION — LIMITED
10 _
'~
CIVIL
11
12 AMERICAN EXPRESS NATIONAL BANK, Case No.2 CIVSB2108283
13 Plaintiff. PROOF OF SERVICE FOR:
V5.
MOTION AND
PLAINTIFF’S NOTICE 0F
14
MOTION FOR SUMMARY JUDGMENT
15 JAMES MAXHEIMER A/K/A JAMES S
PLAINTIFF’SMEMORANDUM OF POINTS
x
MAXHEIMER, AND AUTHORITIES IN SUPPORT OF ITS
16 MSJ
Defendant.
17 PLAINTIFF’S SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACT IN
18 SUPPORT OF ITS MSJ
19 PLAINTIFF’S EVIDENCE IN SUPPORT 0F
ITS MOTION FOR SUMMARY JUDGMENT
20
[PROPOSED] ORDER GRANTING MOTION
21 FOR SUMMARY JUDGMENT [SUMMARY
ADJUDICA TION]
22 [PROPOSED] JUDGMENT
23 Hearin
Date: April 11, 2022
24 AM
Time: 9:00 l
Dept: S16
25
26 Date Filed: March 15, 2021
Trial Date: July 11, 2022
27
Reservation No.:
28
_ 1 _
PROOF OF SERVICE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the- age of 18
‘and not a patty to the within action; I amreadily familiar with the business practice for collection
QOUIAWN and processing of correspondence for mailing with the United States Postal Service, and the
correspondence will be deposited with the United States Postal Service that same day in the
ordinary course of business; my business address is: 199 South ’Los Robles Avenue, Suite 540,
Pasadena, California 91101.
On December 23 2021 I served the foregoing documents described as:
‘
l. PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
2. PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
ITS MSJ
3. PLAINTIFF’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACT iN
10
SUPPORT 0F ITS MSJ
4. PLAINTIFF’S EVIDENCE IN SUPPORT OF ITS MOTION FOR SUMMARY
11
JUDGMENT v
'
.5. [PROPOSED] ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
12
[s UMMAR Y ADJUDICA TION}
6. [PROPOSED] JUDGMENT
13
14
I served t_he‘ documents on the person orlpersons below, as follows:
James Maxheimer. a/k/a James S Maxheimer
15
22710 Robin Way
16, Grand Terrace, CA 92313
17 U (BY ELECTRONIC SERVICE) Pursuant t0 California Rules 0f Court 2.251(c)(3) and the Code
of Civil Procedure section 1010.6(e)(1), I electronically served the above document(s) to the
18 respective electronic service addresses listed above as confirmed as the valid email address for
Defense counsel.
19
20 M (BY MAIL) I am “readily familiar” with the firm’s practice of colleCtion and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service
21 on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware
that on motion of the party served, service is presumed invalid if postal cancellation date or
22 postage meter date is more than one day afier date 0f deposit for mailing in affidavit. I deposited
such envelope in the mail at Pasadena, Califomi'a. The envelope was mailed with postage thereon
23 fully prepaid.
24 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on December 23, 2021, at Pasadena, California
25
26 R
Normwabiles
27
28
.
- 2 -
. PROOF 0F SERVICE
Document Filed Date
December 23, 2021
Case Filing Date
March 22, 2021
Category
Rule 3.740 Collections $10,000.01 - $25,000 Limited
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I AARON BALDARO, Esq. —State Bar #261 156 §- H - SCOTT D DYLE, Esq.——State Bar #300917 °Lé'EEuR'OR CO$1§=PAUFORMA N AMERICAN EXPRESS LEGAL NARI: No SA§g§§§A%fi&RD'STR'CT 199 South Los Robles Ave., Suite 540 . Pasadena, CA 91 101 ' - DEC 2 3 2021 (626.) 660-0001 ADJ Telephone: ‘ Fax: (626) 298-6716 a ar o n n .b a 1d aro@aexp com C kwwfi ‘ . . BY Attorneys for Plaintiff American Express National Bank EDUARDO HERNANDEZ DEPUTY \DOOQQUI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — SAN BERNARDINO CIVIL DIVISION — LIMITED 10 _ '~ CIVIL 11 12 AMERICAN EXPRESS NATIONAL BANK, Case No.2 CIVSB2108283 13 Plaintiff. PROOF OF SERVICE FOR: V5. MOTION AND PLAINTIFF’S NOTICE 0F 14 MOTION FOR SUMMARY JUDGMENT 15 JAMES MAXHEIMER A/K/A JAMES S PLAINTIFF’SMEMORANDUM OF POINTS x MAXHEIMER, AND AUTHORITIES IN SUPPORT OF ITS 16 MSJ Defendant. 17 PLAINTIFF’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACT IN 18 SUPPORT OF ITS MSJ 19 PLAINTIFF’S EVIDENCE IN SUPPORT 0F ITS MOTION FOR SUMMARY JUDGMENT 20 [PROPOSED] ORDER GRANTING MOTION 21 FOR SUMMARY JUDGMENT [SUMMARY ADJUDICA TION] 22 [PROPOSED] JUDGMENT 23 Hearin Date: April 11, 2022 24 AM Time: 9:00 l Dept: S16 25 26 Date Filed: March 15, 2021 Trial Date: July 11, 2022 27 Reservation No.: 28 _ 1 _ PROOF OF SERVICE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the- age of 18 ‘and not a patty to the within action; I amreadily familiar with the business practice for collection QOUIAWN and processing of correspondence for mailing with the United States Postal Service, and the correspondence will be deposited with the United States Postal Service that same day in the ordinary course of business; my business address is: 199 South ’Los Robles Avenue, Suite 540, Pasadena, California 91101. On December 23 2021 I served the foregoing documents described as: ‘ l. PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT 2. PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MSJ 3. PLAINTIFF’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACT iN 10 SUPPORT 0F ITS MSJ 4. PLAINTIFF’S EVIDENCE IN SUPPORT OF ITS MOTION FOR SUMMARY 11 JUDGMENT v ' .5. [PROPOSED] ORDER GRANTING MOTION FOR SUMMARY JUDGMENT 12 [s UMMAR Y ADJUDICA TION} 6. [PROPOSED] JUDGMENT 13 14 I served t_he‘ documents on the person orlpersons below, as follows: James Maxheimer. a/k/a James S Maxheimer 15 22710 Robin Way 16, Grand Terrace, CA 92313 17 U (BY ELECTRONIC SERVICE) Pursuant t0 California Rules 0f Court 2.251(c)(3) and the Code of Civil Procedure section 1010.6(e)(1), I electronically served the above document(s) to the 18 respective electronic service addresses listed above as confirmed as the valid email address for Defense counsel. 19 20 M (BY MAIL) I am “readily familiar” with the firm’s practice of colleCtion and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service 21 on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or 22 postage meter date is more than one day afier date 0f deposit for mailing in affidavit. I deposited such envelope in the mail at Pasadena, Califomi'a. The envelope was mailed with postage thereon 23 fully prepaid. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 23, 2021, at Pasadena, California 25 26 R Normwabiles 27 28 . - 2 - . PROOF 0F SERVICE