Motion OrderCal. Super. - 6th Dist.December 7, 2020KOOOQONUl-RUJNH NNNNNNNNNr-‘r-‘r-‘r-‘r-ir-‘Hr-Ar-‘r-A OONONUI-PUJNHOKOOOQONUI-RUJNHO 200V37391 6 Santa Clara - Civil Fred W. Schwinn (SBN 225575) E'ectmn'ca")! Flled Raeon R. Roulston (SBN 255622) by SUpenor court Of CA’ Matthew C. Salmonsen (SBN 302854) county Of santa Clara! CONSUMER LAW CENTER, INC. 0n 1/14/2022 5112 PM 1435 K011 Circle, suite 104 Reviewed By: R. Walker San Jose, California 95 1 12-4610 Case #20CV37391 6 Telephone Number: (408) 294-6100 Envelope: 8068320 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff DAVID CHAI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA DAVID CHAI, individually and 0n behalf Case N0. 20CV373916 of all others similarly situated, (Unlimited Civil Case) Plaintiff, Assigned for A11 Purposes to V' The Honorable Patricia M. Lucas VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC, a Delaware corporation; and DOES 1 NOTICE OF MOTION AND PLAINTIFF’S MOTION FOR CLASS CERTIFICATION through 10 inclusive Hearing Date: February 23, 2022 ’ a Hearing Time: 1:30 p.m. Defendants, Hearing Dept: 3 Hearing Location: 191 North First Street San Jose, California NOTICE IS HEREBY GIVEN that 0n February 23, 2022, at 1:30 p.m., 0r as soon thereafter as the matter may be heard before the Honorable Patricia M. Lucas in Department 3 0f the Santa Clara County Superior Court, located at 191 North First Street, San Jose, California, Plaintiff, DAVID CHAI (“CHAI”), will and hereby does move this Court for an Order t0: certify this case t0 proceed as a class action; appoint CHAI as the representative of the class; and appoint the attorneys 0f Consumer Law Center, Inc., as class counsel. CHAI seeks certification 0f the class, defined as follows: /// _ 1 _ PLAINTIFF’S MOTION FOR CLASS CERTIFICATION Case No. 20CV373916 \OOOflQUl-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-‘r-tr-Ar-‘r-A OOQONUI-PUJNHOKOOOQQUI-PUJNF-‘O A11 persons with addresses in California (ii) t0 Whom CONVERGENT OUTSOURCING, INC, sent, or caused to be sent, an initial written communication in the form 0f Exhibit “1” to the Class Action Complaint for Statutogy Damages herein 0n behalf 0f Defendants (iii) in an attempt t0 collect a charged-off consumer debt originally owed t0 CITIBANK, N.A., (iv) which was sold or resold t0 Defendants 0n 0r after January 1, 2014, (V) which were not returned as undeliverable by the U.S. Post Office (Vi) during the period one year prior to the date of filing this action 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 Plaintiff’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, Plaintiff, DAVID CHAI, requests that this action be certified as a class action, that Plaintiff be appointed as the class representative, and that counsel of Consumer Law Center, Inc., be appointed as class counsel. Dated: Januagy 14, 2022 Respectfully submitted, CONSUMER LAW CENTER, INC. D Fred W. Schwinn (SBN 225575) m Raeon R. Roulston (SBN 255622) D Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 K011 Circle, Suite 104 San Jose, California 95 1 12-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff DAVID CHAI -2- PLAINTIFF’S MOTION FOR CLASS CERTIFICATION Case N0. 20CV373916
