Settlement AgreementResponseCal. Super. - 6th Dist.May 16, 2018H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 S A N JO SE C A L I F O R N I A 95 11 9 T E L E P H O N E : (6 00 ) 68 0- 24 26 F A C S I M I L E : {4 08 } 3 6 2 - 2 2 9 9 Oo oo ~ oN —_ A & 1 [N S] N o [\ t o [N S] r o N o [N S] DN — — t — — ® ~ aN wn EN w o N o ft < Oo 0 ~ aN 18CV 328406 Santa Clara - Civil Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. #99804 151 Bernal Road Suite 8 San José CA 95119-1306 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT - LIMITED CIVIL JURISDICTION CAPITAL ONE BANK (USA), N.A., Plaintiff, v. RYAN HANNIBAL, et al., Defendant(s) as IT IS HEREBY STIPULATED by and between the parties hereto: 1. RYAN HANNIBAL (“Defendant”) stipulates to entry of judgment in favor of Capital One Bank (USA), N.A. (“Plaintiff”) in the principal sum of $3.324.88 plus court costs pursuant to a memorandum of costs (which will be limited to Plaintiffs fee for filing the complaint; Plaintiff’s fee for service of process; fees (including any reporter fee that the court may require at the time a motion or application is filed) for any motion, application, and/or order that has been granted, including the motion or application to enforce this Agreement and any order fcc required to file the attached proposed order; and Defendant’s first appearance fee if Plaintiff advances that fee in order to file this Agreement); less credit for payments made in good funds before the time of default. 2. The parties agree that an account has been stated and $3.324.88 is the Page 1 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | AC] E.Pig Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/14/2019 9:28 AM Reviewed By: E. Pierce Case #18CV328406 Envelope: 2512464 Case No. 18CV328406 SETTLEMENT AGREEMENT JURISDICTION RETAINED UNDER CODE OF CIVIL PROCEDURE § 664.6 accurate 1247980.001 rce H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 SA N JO SE C A L I F O R N I A 95 11 9 T E L E P H O N E : (8 00 ) 6 8 0 - 2 4 2 6 FA CS IM IL E: (4 08 ) 36 2- 22 99 pd . r t p d e d e d pe A W N = 16 17 18 19 20 21 22 23 24 25 26 27 28 S O 0 N Y n n Bs W N DD0002CJ | ACI liquidated amount owed on this debt. As such, Defendant acknowledges this as the correct balance due. It is the parties’ intent that in the event of default in the payment plan, Plaintiff shall be entitled to enter judgment for the total amount stated in 9 1. Notwithstanding the stipulation to enter judgment, Plaintiff will not request that judgment be entered so long as Defendant is not in default with the following payment plan. Defendant agrees to pay to Plaintiff a down payment of $30.00 on or before July 31, 2018 followed by a minimum of $30.00 on or before the 27th day of each and every month beginning August, 2018; followed by a minimum of $60.00 on or before the 27th day of each and every month beginning January, 2019 followed by a final payment of $24.88 duc on or before May 27, 2023, until the Defendant has paid the total sum of $3,324.88. This down payment and these consecutive monthly installments, totaling $3,324.88, timely received, will constitute full satisfaction of the judgment. Payments due as stipulated above shall be made payable to Capital Onc Bank (USA). N.A., notated with Defendant’s file number 1247980, and sent to: Hunt & Henrigues 151 Bernal Road Suite 8 San José CA 95119-1306 The parties jointly request that this court retain jurisdiction under Code of Civil Procedure § 664.6. The parties further request that this court vacate all future hearings and stay all further action on this case pending completion of this agreement. If and only if local rules so require, the parties, by their signatures below. authorize the court to i dismiss this case without prejudice. The parties further agree that in the event of a default in payments and at the request of a party. the court shall reopen the case without notice to the other party, vacate any dismissal, and enter judgment in the amount stated in § 7 below. The parties further agree that this stipulation may at Plaintiff"s option be enforced by independent action. The parties also agree to, and do, voluntarily waive all statutes of limitation and any other legal impediment or b ar to this court from continuing or resuming jurisdiction of this case including, but not limited to. waiver of Page 2 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) EE. 1247980.001 H U N T & H E N R I Q U E S 15 1 B E R N A L F K O A D SU IT E 8 SA N JO SE C A L I F O R N I A 95 11 9 T E L E P H O N E : (8 00 ) 6 8 0 - 2 4 2 6 F A C S I M I L E : (4 08 ) 3 6 2 - 2 2 9 9 © OO O X NN S N wn BA 11 12 13 14 — L e 17 18 19 20 21 22 23 24 23 26 27 28 rights and provisions of California Code of Civil Procedure §§ 583.160, 583.210, 583.310, 583.360, 583.410, 583.420, and all other provisions of California law regarding dismissal of actions for failure to prosecute or to bring an action to trial within any time limit. If Defendant pays in accordance with the terms set forth above, then Plaintiff shall dismiss this case with prejudice after the final payment has been determined to be in good funds. If the court has already dismissed the case without prejudice. then it will be sufficient for Plaintiff to let the dismissal stand. . Time is of the essence with respect to all payments. Failure to have any payment delivered to the above payment address on or before the due date will be a default. The dishonor or reversal of any payment will be a default. In the event Defendant fails to make any payment set forth above, Plaintiff shall be entitled to judgment against Defendant in the principal amount of $3,324.88; plus court costs pursuant to a memorandum of costs (which will be limited to Plaintiff’s fee for filing the complaint: Plaintiff’s fee for service of process; fees (including any reporter fee that the court may require at the time a motion or application is filed) for any motion, application, and/or order that has been granted, including the motion or application to enforce this Agreement and any order fee required to file the attached proposed order; and Defendant’s first appearance fee if Plaintiff advances that fee in order to file this Agreement); less credit for payments made in good funds before the time of default. Acceptance of any one or more late or partial payments by Plaintiff or anyone acting on Plaintiff’s behalf shall neither constitute a waiver of, nor in any way prejudice, Plaintiff’s right to demand and receive timely payments thereafter or to declare a default hereunder. Plaintiff’s failure to declare a default under this stipulation when so entitled, shall neither constitute a waiver of, nor in any way prejudice, Plaintiff's right to declare a default thereafter. Upon a default by Defendant on any payment due to Plaintiff under the terms of this stipulation, Plaintiff shall provide Defendant with ten (10) days written notice of its Page 3 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CI | ACI 1247980.001 H U N T & H E N R I Q U E S 15 1 B E R N A L FK OA D SU IT E 8 S A N JO SE C A L I F O R N I A 95 11 9 T E L E P H O N E : (8 00 ) 68 0- 24 26 F A C S I M I L E : (4 08 ) 3 6 2 - 2 2 9 9 S O 0 a 11 12 14 — w i 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. Each party expressly waives and relinquishes all rights and be intent to apply to the court to have the dismissal set aside and vacated (if applicable) and to have judgment entered under the terms of this stipulation. Said notice shall be served by mail to Defendant at 1055 N CAPITOL AVE APT 58, SAN JOSE CA 95133- 2714 or as corrected by Defendant at the time of signing this stipulation. Notice does not give the Defendant a right to cure the default; notice provides only an opportunity for Defendant to appear and offer evidence that there has been no default. Defendant acknowledges that he or she or it may have a right to a noticed hearing on the issue of default. By signing this agreement, Defendant knowingly and voluntarily waives his or her or its right to a noticed hearing. The parties agree that a commissioner of the court may hear any proceeding arising from this stipulation. Defendant releases and discharges Plaintiff and all of its respective current and former predecessors, successors, parents, affiliates, subsidiaries, insurers, and all of the aforementioned’s respective agents, employees, officers, directors, shareholders, attorneys, collection agencies, credit reporting agencies and vendors (the “Rele s a2 AVAL Hrs 5 Avan H BpvaavavS Gi oo ~ ~ v In v <0 ~— from all claims of any kind (including any claims for damages, interest, fees, and/or attorney fees) that Defendant may have with respect to the credit account at issue, collection of the account, reporting of the account to credit bureaus, accessing Defendant’s credit history, or any other matters between Defendant and Releasees. including without limitation all claims that were asserted or could have been asserted in the above-captioned case as of the date of this stipulation (the “Matters Released™). Defendant further agrees that Defendant will not file any claims, complaints, affidavits, arbitrations, or proceedings with any regulatory or administrative agency with respect to the Matters Released against any of the aforementioned, and that any such claims, complaints, affidavits, arbitrations, or proceedings filed prior to the execution of this stipulation shall promptly be dismissed or withdrawn with prejudice. This stipulation is intended to resolve forever the entire disagreement between Defendant and Plaintiff, nefits that he, she, or it Page 4 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ACI 1247980.001 H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 SA N JO SE C A L I F O R N I A 95 11 9 T E L E P H O N E : (8 00 ) 68 0- 24 26 FA CS IM IL E: (4 08 ) 36 2- 22 99 wh Br W N OS N L ce 9 11 12 13 — wh 17 18 19 20 pa 22 23 24 25 26 27 28 16. 17. 18. 19. has or may have under California Civil Code Section 1542. That section states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” By signing this stipulation, each party indicates that he, she, or it has read the provisions of California Civil Code Section 1542. Each party acknowledges that the significance and consequence of this waiver is that even if he or she or it should eventually suffer additional damages arising out of the litigation or any claims that could have been asserted in this case, he or she or it will not be permitted to make any claim for those damages. Furthermore, each party acknowledges that he or she or it intends that consequence even as to claims for damages that may exist as of the date of this release but which he or she or it does not know exist, and which, if known, would materially affect his or her or its decision to execute this release, regardless of whether his or her or its lack of knowledge is the result of ignorance, oversight, crror, negligence, or any other cause. Upon timely receipt and full negotiation of the payments as stated above, Plaintiff releases and discharges Defendant in connection with any claims it may have relating to the account at issue in this case. This release by Plaintiff does not extend to any other account(s) or other financial obligations that Defendant may have with any Releasee. Defendant understands that Plaintiff or its affiliates may be required by federal law to issue tax forms, including a 1099 form, regarding the account or amounts written off on the account. Plaintiff makes no representations or warranties as to the tax implications of the actions taken on the account set forth herein and Defendant agrees not to seek to hold Releasees liable for Defendant’s tax liability. Defendant acknowledges having had the opportunity to consult with legal counsel of choice concerning Defendant’s legal rights with respect to the form and content of this stipulation and the advisability of executing it. 20. This stipulation may be signed in counterparts, and the counterparts together shall Page 5 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ { ACI 1247980.001 H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D S U I T E 8 S A N JO SE C A L I F O R N I A 9 5 1 1 9 T E L E P H O N E : (8 00 ) 68 0- 24 26 FA CS IM IL E: (4 08 ) 36 2- 22 99 Pa sr k a C 0 9 O N Wn 10 ig 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 constitute one document. Counterparts including faxed, scanned, or photocopied signatures shall be as valid as an original. 21. This stipulation contains the entire agreement of the parties. There are no oral or written agreements or understandings not contained herein. Dated: $ 2 | N RYANHANNIBAL Defendant Dated: ‘jE A Capital One Bank (USA). N.A. Authorized Agent Name: SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by , who is personally known to me and acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of , 20 Notary Public Page 6 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ACI 1247980.001 H U N " & H E N R I Q U E S 1 5 1 B E R N A L R O A D S U I T E 8 S A N JO SE C A L I F O R N I A 9 5 1 1 9 T E L E P H O N E : (8 00 ) 68 0- 24 26 FA CS IM IL E: (4 08 ) 36 2- 22 99 oO 0 ~I Ox wh + w No to N N R N R N N N N DN mm mm m m m d pe p t e a ee d e t e m © ~ AN wn EN Ww DI — o \O «© ~3 MN Wh EE N wl No —_ OS constitute one document. Counterparts including faxed, scanned, or photocopied signatures shall be as valid as an original. 21. This stipulation contains the entire agreement of the parties. There are no oral or written agreements or understandings not contained herein. Dated: RYAN HANNIBAL Defendant “WN Cnn kee Capital One Bank (USA). N.A. Authorized Agent oo Name: ACT hy Cimburine pares A == 1% Commonwealth of Virginia County of Chesterfield SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Madhy Cirmburcke. whois personally known to me and acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this (> day of Sopher , 20/8 4 Bh Kw SU Loa bsgh Notary Publi 0000800600, FELT ° 84 ?00009949000°° HTT TOI Page 6 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ACI 1247980.001
