Declaration

Cal. Super. - 6th Dist.October 19, 2020

I Hunt Ec Henriques, Attorneys at Law Donald Sherrill, Esq. 4266038 2 7017 Realm Dr. San Jose CA 95119 3 'elephone: (800) 680-2426 Facsimile: (408) 362-2299 4 Attorneys for Plaintiff 6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ SANTA CRUZ DIVISION - LIMITFD CIVIL JIJRISDICTION n CI 4 t o I o'V 0R'Aaoc.i00z acooD uz~ zC 10 11 CITIBANK, N.A., 12 PlaintilT, 15 16 17 Defendant(s) 13 v. 14 l SARAHNOHXDEN, ~ Case No. 20CV02194 DECLARATION OF PLAINTIFF'S COUNSEL IN SUPPORT OF REQIJKST TO VACATE DISMISSAL MEMORANDUM OF POINTS AND , AUTHORITIES IN SIJPPORT OF REQIJKST TO VACATE DISMISSAL [PROPOSIID] ORDKR 18 19 DFCI,ARATION OF PLAINTIFF'S COUNSEL 20 I, the undersigned, declare that: 21 I am an attorney employed by Hunt & Henriques, attorney ofrecord for PlaintilTherein. I am 22 23 24 25 27 a duly authorized custodian of the business books and records of plaintiffs counsel. On May I I, 2021, a dismissal was entered as to Sarah Nohrdett. Defendant has defaulted on the payment arrangement under the Conditional Settlement Agreement. The business records of plaintift's counsel indicate that the last payment was received on July 27, 2021. Notice of default was served on defendant on October 19,2021, giving defendant 10 days right to cure under the terms of the agrcetnent, but no payment has been made. WIIEREFORE„your declarant prays the court to set aside and vacate the dismissal P~ae I of 2 Declaration to Vacate Dismissal and Enter Judgment Under Terms of 5 664.6 Stipulation IIIIIIIIIIIIIII III IIIIIIIIII IIIIIIIIII 14319411001 ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 11/18/2021 9:37 AM Alex Calvo, Clerk By: Sandra Gonzalez, Deputy previously entered in this action and allow plaintiff to file the Conditional Settlement Agreement and 2 Declaration Re Default in Payments and obtain judgment against the defendant. I declare under 3, penalty of perjury that the foregoing is true and correct. Executed on I,'I,lt o(P l ,in 4 San Jose, California. Alexander Balzer Carr SBN 338024 Hunt k Hcnriques Attorneys for Plaintil'I' MEMORANDUM OF POINTS AND AUTHORITIFS 10 Code of Civil Procedure 8J 664.6 provides in pertinent part that: 11 If parties to pending litigation stipulate...for settlement of the case...the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlemcnt unti pcrformancc in lull of the terms of the settlement. ~A N C KO Z W 0 IU 0 14 Here, the parties stipulated for settlement of the case and signed a Conditional Settlement 15, Agreement„asking the court to retain jurisdiction under tj 664.6. 1)efendant has defaulted on thc 16 i payment arrangement under the Conditional Settlement Agrccment. The business records of 17 plaintiff" s counsel indicate that the last payment was received on.luly 27, 2021. Notice of default 1 g was served on defendant on October 19, 2021, giving defendant 10 days right to cure under the terms 19, of thc agreement, but no payment has been made. Plaintiffnow seeks to have this dismissal set aside. 20 WHEREFORE, it is respectfully requested that the court allow Plaintiff to set aside and 21 vacate dismissal previously entered as to May 11, 2021. 22 23 24 25 n.t.a: u iso", Alexander Balzer Carr SBN 338024 Ilunt k. I lenriques Attorneys for Plaintiff 26 27 Pa e2of2l Declaration to Vacate Dismissal and Enter.ludgment Under 'I'erms of ss 664.6 StipulationDD000 I FT JMA 143 I 948.001