StipulationCal. Super. - 6th Dist.March 17, 2021Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 7017 Realm Dr. San Jose CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT - LIMITED CIVIL CASK ~A D N0 Oa &O lU Z 0 12 Plaintiff, 13 vs. 14 WAFL ALWAN, SR, 15 16 17 Defendant 11 JPMorgan Chase Bank, N.A., Case No. 21CV379028 STIPULATION AGRKEMKNT JURISDICTION RETAINED UNDER CODE OF CIVIL PROCEDURE Ij 664.6 18 IT IS HEREBY STIPULATED by and between the parties hereto: 19 1. JPMorgan Chase Bank, N.A. ("Plaintiff') and WAEI. AI,WAN, SR ("Defendant") (together, 20 the "Parties") agrcc that $22,904.53 is the liquidated amount owed by Defendant for the 21 account number ending in 2145 (the "Account"). 22 2. Defendant stipulates and agrees n& entry ol judgment in fhvor of Plaintiff in the principal sum 23 of $22,904.53 and court costs of $ 0.00 for a total judgment amount of $22,904.53 (the 24 "Judgment Amount" ). Defendant further agrees to pay the first appearance fee, if required as 25 a result of filing this Stipulation Agreement (the "Stipulation"). 26 3. Plaintiff will not request judgment be entered so long as Defendant does not default on the 27 payment plan below. 28 4. Defendant agrees to make payments to Plaintiff as follows until Defendant has paid the Page I of 6 Settlement Agreement (Code of Civil Procedure SS 664.6) DD0002XP j AFS 1450853.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/9/2021 10:02 AM Reviewed By: F. Miller Case #21CV379028 Envelope: 6811923 21CV379028 Santa Clara - Civil I Judgment Amount ("Payment Schedule"): i. I payment(s) of $366.53 on or before the 11th day of June beginning June, 2021 ii. 59 payment(s) of $382.00 on or before the 11th day of July beginning July, 2021 N a N0 So ~0 uiZ 0 5 7 Plaintiff's timely receipt of the consecutive monthly installments, totaling $22,904.53, will 8 constitute full satisfaction of the Judgment Amount. 9 Time is of the essence with respect to all payments. If Defendant fails to make full and 10 timely payment of any installment or if any payment is reversed, Defendant will not be 11 entitled to any deduction, the full remaining balance will be due, and Plaintiff shall be 12 entitled to enter judgment for the Judgment Amount, less credit for payments received by 13 Plaintiff. 14 5. Acccptancc of any late or partial payments by Plaintiff or anyone acting on Plaintiff" s behalf, 15 or Plaintiff's failure to declare a default under this Stipulation when so entitled, shall not 16 waive or in any way prejudice, Plaintiff's right to demand and receive timely payments 17 thcrcafter or to declare a default hereunder. 18 6. Monthly payments shall be made (i) by pre-authorized electronic transfer; or (ii) by cashier' 19 check, money order, or personal check by mail drawn on good funds, made payablc 20 .IPMorgan Chase Bank, N.A., notatcd with Defendant's account number, and sent to Hunt A 21 Hcnriqucs, 7017 llealm Dr., San Jose, CA 95119, so tlrat payment is received on or bcforc 22 each paymen1. due rlate.: 23 7. The Parties request that the court retain jurisdiction under Code of Civil Proccdurc ) 664.6. 24 25 26 27 The Parties further request that the court cancel all future hearings and stay I'urther action on this case pending completion of the Parties'bligations under this Stipulation. If local rules so require, the Parties authorize the court to dismiss this case without prejudice. If the court dismisses the case without prejudice, the court shall retain jurisdiction pursuant to Code of Civil Procedure Ij 664.6. The Parties further agree this Stipulation may be enforced by Page 2 of 6 Seulemcnt Agreement (Code of Civil Proccdurc Ij 664.6) DD0002XP AES 1450S53 001 1 )0 Z 2 w ci 'Ul P 8 D N~ c.i 0 oo &D 0 U I independent action at Plaintiff s option. 2 8. The Parties voluntarily waive all statutes of limitation and any other legal impediment or bar 3 that may prevent the court from continuing or resuming jurisdiction of this case including, 4 but not limited to, waiver of rights and provisions of Code of Civil Procedure sections 5 583.160, 583.210, 583.310, 583.360, 583.410, 583.420, and all other provisions of California 6 law regarding dismissal of actions for failure to prosecute or bringing an action to trial within 7 any time limit. 8 9, Upon a default by Defendant in any payment due to Plaintiff under the terms of this 9 Stipulation, Plaintiff shall apply to the court to have the dismissal without prejudice (if 10 applicable) set aside and vacated and to have judgment entered for the Judgment Amount less 11 credit for payment(s) received by Plaintiff. 12 10, Nothing in this Stipulation shall constitute or be construed as an admission of liability on 13 behalf of Plaintiff, or an admission by Plaintiff as to the validity of any allegations contained 14 in Defendant's answer or response to the complaint, or in counterclaims, if any, in this 15 action. 16 11. The Parties agree that a commissioner of the court may hear any proceeding arising out of 17 this Stipulation. Defendant agrees not to tile any counterclaims, cross-complaints, separate ]8 suits, regulatory complaints, arbitration, or any other claims related to the matters released in 19 Paragraph 13. 20 12. If Dcfcndant satisfies his/her payment obligations hermmder, I'laintiff shall dismiss this case 21 with prejudice after the fmal payment has been determined to be in good funds. II'he court 22 has already dismissed the case without prejudice, then it is sullicient for Plaintiff to let the 23 dismissal stand. 24 13. Except as provided in this Stipulation, Defendant, on Defendant's behalf and on behalf ol all 25 26 27 28 of Defendant's agents, assigns, heirs, successors, servants, representatives, and attorneys ("Related Persons"), releases and discharges Plaintiff, and all of its aftiliates, parents, and/or subsidiary corporations, account servicers and sub-serviccrs, representatives, managing partners, officers, directors, shareholders, employees, agents, assigns, predecessors, DD0002XP AFS Page 3 of 6 Scttlcmcnt Agrccmcnt (Code of Civil Procedure ) 664.6) i430S53 OOI ZIPz x p o 'v p '4 D &UM O KO Ul Zp P 10 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 successors, servants, insurers, licensees, representatives, and attorneys from any and all claims, demands and causes of action and claims of any kind that Defendant may have with respect to the Account, including without limitation all claims, cause and causes of action, suits, counterclaims, demands, debts, damages, costs, fees, expenses, rights, duties, obligations, petitions, suits, losses, liabilities, sums of money, accounts, bills, contracts, controversies, agreements, promises, damages, judgments, and demands whether direct or indirect, liquidated or unliquidated, contingent or actual, asserted or unasserted, in law or equity, known or unknown, foreseen or unforeseen, suspected or unsuspected, or of whatever type or nature, which they may have or may hereafter have a claim or have reason of any matter or omission arising I'rom any cause whatsoever prior to the execution of this Stipulation which arise out of, directly or indirectly, or are in any way connected with or related to Defendant's Account, including the collection and the tax reporting thereof and the credit rcpoiting of any credit history related thereto to third parties. 14. The Parties acknowledge that each is familiar with Section 1542 ("Section 1542") of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. The Parties waive and relinquish any rights and benefits which they may have under Section 1542. The Parties acknowledge they may hereafter discover facts in addition to or different from those they know or believe to be true with respect to the subject matter of this Stipulation, but it is their intention to I'ully and finally and forever settle and release any and all matters, disputes and diffcrcnccs, known and unknown, suspected and unsuspected, which do now exist, may exist or heretofore have existed between them with respect to the subject matter of this Stipulation. In lurtherance of this intention, the releases herein shall be and remain in effect as full and complete general releases notwithstanding thc discovery or existence of any such additional or different facts. DD0002XP AFS Page 4 of 6 Settlement Agreement (Code of Civil I'rocedure Ij 664.6) 14301153 001 fl Qi e0 Z 2 p I) D0 g ~~a ~ rrQ p pp J idcia~ 0 Z M 1 15. The Parties represent and warrant that they are duly authorized and fully capable of executing 2 this Stipulation and understand its contents. 3 16. Defendant waives any right to request or have a trial or new trial, and any right to appeal any 4 judgment entered pursuant to this Stipulation. 5 17. The Parties hereby irrevocably waive all right to trial by jury in any action, proceeding or 6 counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this 7 Stipulation or the Account, or the actions of Plaintiff or any of its affiliates in the negotiation, 8 administration, performance, or enforcement hereof or thereof. 9 18. Except as otherwise provided herein, each Party agrees to bear the expense of its own 10 attorney's fees and court costs in connection with the litigation and the matters addressed 11 herein, including those incurred to enforce this Stipulation. Further, if the case is dismissed 12 with prejudice, Defendant will not be considered a prevailing party. 13 19. The Parties acknowledge they had the opportunity to consult with legal counsel of their own 14 choosing with respect to the form and content of this Stipulation and the advisability of 15 executing the same. 16 20. This Stipulation may be signed and executed in one or more counterparts, each of which shall 17 be deemed an original and all of which together shall constitute one Stipulation. Defendant's 18 delivery of an executed counterpart of a signature page of this Stipulation shall be effective 19 as delivery of an originally executed counterpart of this Stipulation. Counterpiuts including 20 laxed, scanned, or photocopied signatures shall be as valid as an original. 21 21. 'I'his Agrcemcnt constitutes the sole and entire agreement between the Parties and supersedes 22 23 24 25 all prior and contcmporancous statements, promises, understandings or agreements, whether written or oral. This Agreement may bc amended, modified or altered at any Lime upon the approval of'he Parties; however, any such amendment must be in writing and signed by all Parties in order for such amendment to be of any force and effect. 26 27 28 DD0002XP AES Page 5 of 6 Settlcmcnt Agreement (Code of Civil Procedure ss 664.6) 1450S53.001 1 22. Any attorney who signs for a party, represents by that signature that the attorney is expressly authorized by the party to sign this Agreemcnt. WAEL ALWAN, SR Defendant (or Attorney, as expressly authorized by W L ALWAN, S X aCvae ct v 4v ct t a ' Q a a a N0 aa a Pl Z0a "' U 10 12 13 14 15 16 Dated; JPMorgan Chase Bank, N.A., as successor by merger to Chase 13ank USA, N.A. Name: l&evi I. Salr t. sttN st tt913 Title: Authorized Signing Officer Legal Representative (or Attorney as expressly authorized by JPMorgan Chase Bank, N.A.) 17 18 19 20 21 22 23 25 26 27 28 DD0002XP AES Page 6 of 6 Settlement Agreement (Code of Civil Procedure I'1 664.6) 1450SS3.00I
