Answer Limited 10K and 25K

Cal. Super. - 6th Dist.April 29, 2021

Hunt Ee 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 12 Plaintiff, 11 JPMorgan Chase Bank, N.A., Case No. 21CV381085 STIP ULATION AGREEMENT D 0 13 14 z ui0 n 16 17 vs. CRISTINA M PERETZ, Defendant JURISDICTION RETAINED UNDER CODE OF CIVIL PROCEDURE It 664.6 18 IT IS HEREBY STIPULATED by and between the parties hereto: 19 1. JPMorgan Chase Bank, N.A. ("Plaintiff') and CRISTINA M PERETZ ("Defendant") 20 21 (together, thc "Parties") agree that $ 11,879.48 is the liquidated amount owed by Defendant for the account number ending in 3441 (the "Account"). 22 2. Delendant stipulates and agrees to entry ofjudgment in favor of Plaintiff in the principal sum 23 24 25 of $ 11,879.48 and court costs of $ 0.00 for a total judgment amount of $ 11,879.48 (the "Judgment Amount"). Defendant further agrees to pay the first appearance fee, if required as a result of filing this Stipulation Agrccment (the "Stipulation"). 26 3. Plaintiff will not request judgment be entered so long as Defendant does not delault on the 27 payment plan below. 28 4. Defendant agrees to make payments to Plaintiff as follows until Defendant has paid thc Page I of 6 Scttlcmcni Agreement (Code of Civil Procedure FJ 664.6) 1465676 001DD0002XO i 71FS Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/10/2021 4:21 PM Reviewed By: L. Nguyen Case #21CV381085 Envelope: 6627137 1 Judgment Amount ("Payment Schedule"): i. 1 payment(s) of $ 500.00 on or before the 5th day of June beginning June, 2021 ii. 3 payment(s) of $2,000.00 on or before the 5th day of July beginning July, 2021 iii. 2 payment(s) of $ 1,820.00 on or before the 5th day of October beginning October, 2021 iv. 1 payment(s) of $ 1,739,48 on or before the 5th day of December beginning December, 2021 10 N o-o ~O W Z0 UlP o 11 Plaintiff's timely receipt of the consecutive monthly installments, totaling $ 11,879.48, will 12 constitute full satisfaction of the Judgment Amount. As an incentive, if Defendant timely 13 makes 5 of the 7 installment payments when due, totaling $ 8,320.00, Defendant may deduct 14 the remaining payments, totaling $3,559.48, from the remaining balance then duc. 15 Time is of the essence with respect to all payments. If Defendant I'ails to make full and 16 timely payment of any installment or if any payment is reversed, Defendant will not be 17 entitled to any deduction, the full remaining balance will be due, and Plaintiff shall be 18 entitled to enter judgment for the Judgment Amount, less credit for payments received by 19 Plaintiff. 20 5. Acceptance of any late or partial payments by Plaintiff or anyone acting on Plaintiff's behalf, 21 or Plaintiffs failure to dcclarc a default under this Stipulation when so entitled, shall not 22 waive or in any way prejudice, Plaintiffs right to demand and receive timely payments 23 thereafter or to declare a default hereunder. 24 6. Monthly payments shall be made (i) by pre-authorized electronic transfer; or (ii) by cashier' 25 27 28 check, money order, or personal check by mail drawn on good funds, made payablc JPMorgan Chase Bank, N.A., notated with Defendant's account number, and sent to IIunt A Henriques, 7017 Realm Dr., San Jose, CA 95119, so that payment is received on or before each payment due date.: Page 2 of 6 Settlement Agreement (Code of Civil Procedure rJ 664.6) DD0002XO i AES 14SS676.001 CO oa aO Z0 L I 7. The Parties request that the court retain jurisdiction under Code of Civil Procedure Ij 664.6. 2 The Parties further request that the court cancel all future hearings and stay further action on 3 this case pending completion of the Parties'bligations under this Stipulation. If local rules 4 so require, the Parties authorize the court to dismiss this case without prejudice. If the court 5 dismisses the case without prejudice, the court shall retain jurisdiction pursuant to Code of 6 Civil Procedure ) 664.6. The Parties further agree this Stipulation may be enforced by 7 independent action at Plaintiff s option. 8. The Parties voluntarily waive all statutes of limitation and any other legal impediment or bar 9 that may prevent the court from continuing or resuming jurisdiction of this case including, but not limited to, waiver of rights and provisions of Code of Civil Procedure sections 583,160, 583.210, 583.310, 583.360, 583.410, 583.420, and all other provisions of California 12 law regarding dismissal of actions for failure to prosecute or bringing an action to trial within any time limit. 14 9. Upon a default by Defendant in any payment due to Plaintiff under the terms of this 15 Stipulation, Plaintiff shall apply to the court to have the dismissal without prejudice (if 16 applicable) set aside and vacated and to have judgment entered for the Judgment Amount less credit for payment(s) received by Plaintiff. 10. Nothing in this Stipulation shall constitute or be construed as an admission of liability on 19 behall'f Plaintilf, or an admission by Plaintiff as to the validity of any allegations contained 20 in Defendant's answer or response to the complaint, or in counterclaims, if any, in this 23 24 action. 11, Thc Parties agree that a conunissioncr of thc court may hear any proceeding arising out of this Stipulation. Defendant agrees not to file any counterclaims, cross-complaints, separate suits, regulatory complaints, arbitration, or any other claims related to the matters released in 27 28 Paragraph 13. 12. If Defendant satisfies his/her payment obligations hcrcunder, 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 is sufficient for Plaintiff to let the Page 3 of 6 Settlement Agrccmcnt (Code of Civil Procedure $ 664.6) DD0002XO I AES 1456676.001 dismissal stand. 2 13. Except as provided in this Stipulation, Defendant, on Defendant's behalf and on behalf of all Z0 0 o8c U o ' r o 10 12 0 13 o- 14 z" 15 Gz g 17 18 of Defendant's agents, assigns, heirs, successors, servants, representatives, and attorneys ("Related Persons"), releases and discharges Plaintiff, and all of its affiliates, parents, and/or subsidiary corporations, account servicers and sub-servicers, representatives, managing partners, officers, directors, shareholders, employees, agents, assigns, predecessors, 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, agrccmcnts, 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 from 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 thc credit reporting of any credit history related thereto to third parties. 20 14. The Parties acknowledge that each is familiar with Section 1542 (" Section 1542") of the 21 22 23 24 25 26 27 28 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 hcr 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 luiow or believe to be true with respect to the subject matter of this DD0002XO i AFS I'agc 4 of 6 Settlement Agreement (Code of Civil Procedure F1 664.6) 1456676.001 DN CU 0 Oc Cl z' U Ul I Stipulation, but it is their intention to fully and finally and forever settle and release any and 2 all matters, disputes and differences, known and unknown, suspected and unsuspected, which 3 do now exist, may exist or heretofore have existed between them with respect to the subject 4 matter of this Stipulation. In furtherance of this intention, the releases herein shall be and 5 remain in effect as full and complete general releases notwithstanding the discovery or 6 existence of any such additional or different facts. 7 15. The Parties represent and warrant that they are duly authorized and fully capable of executing 8 this Stipulation and understand its contents. 9 16. Defendant waives any right to request or have a trial or new trial, and any right to appeal any 10 judgment entered pursuant to this Stipulation. 11 17. The Parties hereby irrevocably waive all right to trial by jury in any action, proceeding or 12 counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this 13 Stipulation or the Account, or the actions of Plaintiff or any of its affiliates in the negotiation, 14 administration, performance, or enforcement hereof or thereof. 18. Fxcept as otherwise provided herein, each Party agrees to bear the expense of its own 16 attorney's fees and court costs in connection with the litigation and the matters addressed 17 herein, including those incurred to enforce this Stipulation. Further, il the case is dismissed 18 with prejudice, Defendant will not be considered a prevailing party. 19 19. The Parties acknowledge they had the opportunity to consult with legal counsel of their own 20 choosing with respect to the form and content of this Stipulation and the advisability of 21 cxccuting thc same. 22 20. This Stipulation may be signed and executed in one or more counterparts, each of which shall 23 be deemed an original alid all of which together shall constitute one Stipulation. Defendant's 24 delivery of an executed counterpart of a signature page of this Stipulation shall be effective 25 as delivery of an originally executed counterpait of this Stipulation. Counterparts including 26 faxed, scanned, or photocopied signatures shall be as valid as an original. 27 21. This Agreement constitutes the sole and entire agreement between the Parties and supersedes 28 all prior and contemporaneous statements, promises, understandings or agreements, whether DD0002XO AES Page 5 of 6 Settlement Agreement (Code of Civil Procedure ) 664.6) 1455676.001 1 written or oral. This Agreement may be amended, modified or altered at any time upon the 2 approval of the Parties; however, any such amendment must be in writing and signed by all 3 Parties in order for such amendment to be of any force and effect. 4 22. Any attorney who signs for a party, represents by that signature that the attorney is expressly 5 authorized by the party to sign this Agreement, 6 7 Dated; Cd ) 0 2-69 Z ) CRISTI1~1A~&RETZ expressly authorized rn g0cr c.' rdr3 Z 4 r U Z r. Z '4 14 0 rna Cl Z0 r. U 12 13 15 16 JPMorgan Chase Bank, N.A., as successor by merger to Chase Bank USA, N.A. Name: Donald Sherrlll SSN 266038 Title: Authorized Signing Officer Legal Representative (or Attorney as expressly authorized by JPMorgan Chase Bank, N.A.) 17 18 19 20 21 22 23 24 25 26 27 28 DD0002XO i AES Page 6 of 6 Settlement Agreement iCode of Civil Procedure ) 664.6) I455676.001