Stipulation

Cal. Super. - 6th Dist.May 4, 2021

10 12 13 Lina M. Michael, Fsq.; SBN: (237842) Brian P. McGurk, Esq.; SBN: (250091) MICHAEL & ASSOCIATES, PC 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 Telephone: (855) 785-4705 Facsimile: (805) 379-8525 Attorneys for Plaintiff, AMERICAN FXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS CENTURION BANK Our File Number: 20100953 Defendant's Information for Record: SANATH GOUD PABBU, in pro per 1828 S Milpitas Blvd Apt 259 Milpitas, CA 95035 Telephone Number: (571) 331-8775 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIMITFD CIVIL CASF. 15 16 17 18 19 20 21 22 AMERICAN EXPRESS NATIONAL BANK 17k/a AMERICAN I-.:XPRESS CENTURION BANK, Plaintiff, SANATH GOUD PABBU, aka SANATH GOU PABBU, aka SANATH KUMAR PABBU, aka SANATHGOU PABBU, an individual: Does I through 20, inclusive. Defendant. Case No.: 21CU381403 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. 5 664.6 Complaint Filed: May 4, 2021 23 24 25 26 27 IT IS HEREBY STIPULATED AND AGREED: Certain disputes and differences have arisen between the parties concerning AMERICAN EXPRESS NATIONAL BANK f/k'a AMERICAN EXPRESS CENTL'RION BANFCs claim that there are alleged monies due and owing for unpaid credit card services for account number XXXX-XXXXXX-X2007, and that the amount of the outstanding balance due is $ 11,330.64. STIPUI.ATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. Ii 664.6 I FILE 420l009(" Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/13/2021 12:55 PM Reviewed By: R. Burciaga Case #21CV381403 Envelope: 7850689 21CV381403 Santa Clara - Civil R. Burciaga 10 12 13 15 16 17 18 19 20 It is now the desire of the respective parties hereto to resolve this dispute, without any admission of liability or fault. Now, therefore, in pursuance of this desire Plaintiff, AMERICAN EXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS CENTURION BANK, and Defendant, SANATH GOUD PABBU, aka SANATH GOLI PABBU, aka SANATH KUMAR PABBI', aka SANATHGOU PABBU, an individual, stipulate as follows: a. Defendant's signature on this Stipulation is due in this office, on or bef'ore November 2, 2021. b. Defendant further agrees their one time first appearance fee in the amount of $370.00 will be processed via electronic check or shall be made payable to the "Clerk of the Court" and mailed to Michael & Associates by November 26, 2021. c. Payments will be made online at https://www.arsiwebpay.corn. If any pay ment is returned twice for insufficient funds all future payments will be required to be made by a cashier's check or wire. Cashier's checks should be made payable to "'American Express'nd mailed to: !Mlichael & Associates, PC at 555 St. Charles Drive, Suite 204, Thousand Oaks. California 91360. If you make a payment via wire, you must contact Michael & Associates. PC„ and confirm that such payment has been made and advise us of the date and amount of the payment. 1. Plaintiff shall recover from Defendant the sum of $6,231.72 (see table below), to be paid as follows or this agreement shall be null and void: 21 22 23 Total principal at time of suit: Court costs: Total settlement forgiveness: Total due at time of stipulation: $ 11,330.64 $ 566.32 ~$ $ 6 6%. 24 24 Pa ment Schedule minimum due each month 25 26 27 October 26, 2021 November 26, 2021 December 26, 2021 January 26, 2022 February 26, 2022 March 26, 2022 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 STIPLILATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. II 664.6 2 FILE 020 l 0095 April 26, 2022 May 26, 2022 June 26, 2022 July 26, 2022 August 26, 2022 September 26, 2022 October 26, 2022 November 26, 2022 December 26, 2022 January 26, 2023 I-'ebruary 26, 2023 March 26. 2023 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $281.72 10 12 13 15 16 17 18 19 20 21 22 23 25 2. Failing to make any payment on time or should any payment be refused or returned by the bank upon which it is drawn, Defendant shall be in default under the terms of this Stipulation. Defendant shall be notified of such default in writing by email sent to PSANA'I'IICiOUD'g(SMAIL.COM, and is permitted to cure the default within seven (7) days' date of the notice. If Defendant I'ails to cure the default, Plaintiff may then obtain a judgment pursuant to Code of Civil Procedure '64 6 for the entire balance owed by Defendant in the amount of $ 11,330.64, plus court costs expended, less any payments made to date and may execute on the judgment after entry, upon ex-parte or regular noticed motion. 3. Th Pwi k Idg thtth t'l0 ithth p i f~CI Civil Code Section 1542, 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." 26 27 purpose of implementing a full and complete release and discharge of all claims, the Parties expressly acknowledge that this Stipulation also is intended to include in its effect, without limitation, and that the mutual releases will apply to, without limitation. all claims that they do STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. ) 664.6 3 FILE ti20t00953 10 ]2 13 15 16 17 19 20 21 23 24 25 26 27 28 not know or expect to exist in their favor as of the date hereof and that this Stipulation contemplates and provides for the extinguishment of any and all such claims. The Parties hereby release and absolutelv and forever discharge each other, and their respective agents and attorneys, of and from any and all claims, demands, damages, debts, liabilities, accounts, obligations, costs, expenses, liens, actions and causes of action, of every kind and nature (including claims for invasion of privacy. claims arising under the federal Fair Debt Collection Practices Act, claims arising under the California Rosenthal Fair Debt Collection Practices Act, claims arising under the Gramm I each Bliley Act (aka the Financial Services Modernizatio Act), claims arising under the Fair Credit Reporting Act, and claims arising under any Consumer Fraud Act), whether known or unknown, suspected or unsuspected, v:hich either party now has, owns or holds, or at any time heretofore ever had owned or held. or could own or hold, based on, related to, or by reason of any of the relations which created the underlying claims of this action. This waiver shall also specifically apply to the collections activities of Michael 6t Associates, PC, and its employees. regarding the AMEX account(s) specified above. This waiver shall only apply to claims. demands, damages, debts, liabilities, accounts, obligations, costs, expenses, liens, actions and causes of action arising prior to the 1542 shall only pertain to the AMEX account(s) specified above, and to no other accounts. For the good and valuable consideration as set forth herein, Defendant(s) agree(s) to an hereby does release Plaintiff(s) and its affiliated companies (including but not limited to American Express Company; American Express Travel Related Services Company. Inc.. American Express Centurion Bank; and American Express Bank, FSB), their directors, officers agents, employees, representatives, servants. attorneys, predecessors, successors, assigns subsidiaries, parent, and affiliated entities, from any and all claims, actions, causes of action demands, liabilities, or obligations of any nature or kind, whether at present known or unknown, upon or by reason of any damage, loss or injury, which heretofore has been or which hereafte may be sustained by the undersigned, or for any other matters whatsoever from the beginning o the world to this date, including, but not limited to. the subject matter of the Action. STIPVLAT'ION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. fi 664.6 4 FILE a20 l0095 4. The parties signing this Stipulation agree that this court reserve personal and subject matter jurisdiction over the parties to this case to enforce the settlement until the settlement has been fully performed pursuant to Code of Civil Procedure '64.6. Parties further agree that this matter may be dismissed pursuant to Code of Civil Procedure 664.6. 10 13 15 16 5. Plaintiff, through its counsel of record, shall file a fully-executed copy of this Stipulation for Conditional Entry of Judgment. It is further stipulated and agreed by the parties hereto that should Defendant pay all sums required pursuant to this Stipulation, Plaintiff, through its counsel ol'record, shall file a Request for Dismissal with Prejudice ol the above- captioned action within 30 days of clearance of the final payment and shall not attempt to obtain a judgment. 6. Defendant waives any and all rights to a trial by court or jury; to notice„hearing, and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of law; to appeal„ to seek to nullify, to seek statutory or equitable relief or excuse Irom or otherv,ise challenge any provision of this Stipulation and any judgment or other court order sought, obtained, entered and/or enl'orced in any way'elated thereio, including, but not limited to, any motion addressed to the Court pursuant to Code of Civil Procedure '73, or any other 17 18 19 20 21 22 23 24 25 26 28 provision of law, equity, or other asserted power of the Court: to assert any argument or reason or excuse for non-performance; and to assert partial or substantial performance in lieu of exact performance. 7. SANATH GOUD PABBU promises and agrees that, unless compelled by legal process, thev will not disclose to others and v'ill keep confidential both the tact of and the terms of this settlement, including the amounts referred to in this Agreement, except that they may disclose this information to their spouse and to their attorneys, accountants and other professional advisors to whom the disclosure is necessary. SANATH GOUD PABBU expressiJ promises and agrees that, unless compelled by legal process, they will not disclose nor disparage this Agreement or its parties to any third party. 8. In the event that any of the provisions of this Stipulation or any portion thereof is held by a court nf competent jurisdiction to be unenforceable and invalid, the validity and STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. rJ 664.6 5 FILE 42QI00953 10 enforceability of the enforceable portion of any such provision and of the remaining provisions shall not be adversely affected. 9. This Stipulation is enforceable., binding and admissible in a court of Iaw. ! 0, This Stipulation may be signed in counterparts. 11. Any signature on this Stipulation via facsimile, e-signature or scanned document transmitted over e-mail shall be deemed as original. 12. 'I'his Stipulation is limited to AMERICAN EXPRESS NATIONAI., BANK fyk/a AMERICAN EXPRESS CEN'I'URION BANK. for account number XXXX-XXXXXX-X2007, for the above-entitled action only. **NO FURTHER TEXT ON THIS PAGE - SIGNATURES ON PAGE7"'"'2 13 15 16 18 19 20 21 22 23 24 25 26 27 STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT C.C.P. II 664.6 6 FILE iQ0100953 I THE SIGNATI.IRES BELOW INDICATE THIS STIPULATION HAS BEEN ENTERED BETWEEN AMERICAN EXPRESS NATIONAL BANK AND SANATH GOUD PABBL't Io ( 'Z~(Q AMERICAIN EXPRESS NATIONAL BANK f:k/a AMERICAN EXPRESS CENTURION BANK BY: TINS L Agent for aintitT AMERICAY EXPRESS NATIONAL BANK 10 DATED: SAYAT!-I GOUD PABBU, aka SANATH GOL'ABBL'. aka SANATH KUMAR PABBU, aka SANATHGOU PABBU, an individual 17 13 ~GttCIXNKP3 SAYATH GOUD PABBU Defendant 16 16 APPROI ED AS TO FORAEAiVD COrVTEiVTr I? 18 20 21 DATED:(n (Q Q I 'l MICHAEL dk ASSO ES, PC BY: MARIAN IKHALEVICH Attornev for laintitf AMERICAN EXPRESS NA'I IONAL BANK 23 27 28 STIPULATION FOR CONDITIONAL ENTRY OF IUDCiMENT C.C,P. Ii 664.6 7 FILE 0 0I00955 THE SIGNATURES BELOW INDICATE THIS STIPULATION HAS BEEN F NTF RED BETWEEN AMERICAN EXPRESS NATIONAL BANK AND SANATH GOUD PABBU: DATED: AMERICAN EXPRESS NATIONAL BANK f k'a A!vIERICAN EXPRESS CENTURION BANK By: 5K. W GC~ DL STIN SELVAGE Agent for Platnttff AMERICAN EXPRESS NATIONAL BANK 10 DATED; 10/29/2021 SANATH GOUD PABBU, aka SANATII GOU PABBU, aka SANATH KUMAR PABBU, aka SANATHGOU PABBU, an individual 12 13 SANATH GOUD PABBU Defendant 15 16 .APPROVED AS TO FOR/FI AND CONTENT: 17 18 19 20 22 23 DATED: MICHAEL k. ASSOCIATES, PC B Y. oQ QVQ.DOPA MARIANNA MIKHALEVICH, Attorney for Plaintiff AMERICAN EXPRESS NATIONAL BANK 25 26 27 28 STIPULATION FOR CONDITIONAL ENTRY OF JUDOMEN I C.C.P. II 664.6 7 FtLE 20100963 PR()OF OF SERVICE I, the undersigned, declare: I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a parly to the within action. I am an employee of the law firm of Michael & Associates, and my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. , I caused to be served the following document(s): ~ STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT ~ PROPOSED ORDER FOR ENTRY OF STIPULATION FOR CONDITIONAL ENTRY OF JUDGMENT AND DISMISSAL PURSUANT TO C.C.P. 664.6 10 on the parties involved addresses as follows: PSANATHGOUD(kGIVIAIL.COM BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of each addressee above. 12 13 14 15 16 17 18 BY MAIL: I served the above-listed documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage fully prepaid. I understand that service shall be presumed invalid upon motion of a party seiwed if the postal cancellation date or postage meter date on the envelope is l1101'e than one day after the date of deposit for mailing contained on this declaration. BY FACSIMILE: By use of facsimile machine telephone number (805) 728-6266, I served a copy of the within document on the above interested parties at the facsimile number(s) listed above on this date before 5:00 p.m. 19 20 21 23 BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I am '"readilv familiar" with the firm's practice of collection and processing correspondence for Federal Express. Under that practice, it would be picked up by a representative on that same day, in the ordinary course of business and would be delivered the next business. XX BY I='I.ECTRONIC MAlL: By use of my email address danielle.reyesQ)michaellegalgroup.corn, I served a copy of the within document on the above interested parties at the email address listed above on this date before 5:00 p.m. Pacific Standard Time. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 25 26 EXECUTED; @ at Thousand Oaks, California. 27 DANIELLE REY S PROOF OF SERVICE