Portfolio Recovery associates, LLC vs. Ma Corazon S Bulosan

Motion to Deem Answers Admitted

Cal. Super. - 4th Dist.November 10, 2016

H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E 8 S A N JO sE CA LI FO RN IA 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 O O 0 3 A N n i B A O W N = D N N N N N N N N N m m e m e m e m p m e m e m e m p m 0 N N n n B A W = O 0 N S N R W e e O o Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. #99804 Janalie Henriques, Esq. #111589 151 Bernal Road Suite 8 San José CA 95119-1306 Telephone: (408) 362-2270 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER, CIVIL DIVISION - LIMITED CIVIL JURISDICTION PORTFOLIO RECOVERY ASSOCIATES, LLC, Case No. 30-2016-00886015-CL-CL-CJC Plaintiff, NOTICE OF MOTION AND MOTION FOR ORDERTHAT MATTERS IN REQUEST FOR Vv. ADMISSION OF TRUTH OF FACTS BE ADMITTED; MEMORANDUM IN SUPPORT; DECLARATION IN SUPPORT Defendant(s) Date: September 21, 2017 Time: 9:30 AM Dept: C3 Judge: Date Action Filed: November 10, 2016 Trial Date: SUBMITTED WITHOUT APPEARANCE PURSUANT TO CRC 3.1304(c) MA CORAZON S BULOSAN,et al., To Defendant Ma Corazon S Bulosan NOTICE IS HEREBY GIVEN that on September 21, 2017, at 9:30 AM or as soon thereafter as the matter may be heard, in Department C3 ofthis court, located at 700 Civic Center Drive West, Santa Ana CA 92701, plaintiff Portfolio Recovery Associates, LLC will move for an order pursuant to §§2023.010 et seq. and 2033.280 ofthe Code of Civil Procedure that truth of all specified facts in the Request for Admissions, Set One, propounded by plaintiff Portfolio Recovery Associates, LLC Page 1 of 3 Motion to Deem AdmissionsPRICED! JNGA Henn H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU IT E § S A N JO SE CA LI FO RN IA 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 O O © I O O W n A W N = B N N N N D N D N N N N m e e m e k e m p e 0 J I a N n n B R A W N = O O N Y R N Y R o on defendant Ma Corazon S Bulosan by mail on May 23, 2017, be deemed admitted. The motion will be made on the grounds that defendant failed to serve responseto plaintiff's Request for Admissions to defendant. The motion will be based on this notice of motion, on the declaration of Jaime Ritton, the memorandum set forth below, on the records and file herein, and on such evidence as may be presented at the hearing of the motion. This motion is submitted without an appearance pursuant to 3.1304(c) ofthe California Rules of Court and Ensher v. Ensher (1964) 225 Cal.App.2d 318. Dated: July 26, 2017 nt & Henriques Attorneys for Plaintiff MEMORANDUM IN SUPPORT OF MOTION CCP § 2033.280 providesthat ifa party to whom requests for admissions have been directed fails to serve a timely response, that party thereby waives any objection to the requests, including one based on privilege or on the protection for work product under § 2018.010 ef seq.. It further provides that the requesting party may move for an order that the truth ofany facts specified in the requests be deemed admitted. The court shall make this order unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admissions that is in substantial compliance with paragraph (1) ofsubdivision (f). Defendant herein has failed to serve any response to the requests for admission. Therefore, plaintiff requests that the truth of facts specified be deemed admitted. Dated: July 26, 2017 J— Jaifxfe Ritton Hunt & Henriques Attorneys for Plaintiff Page 2 of 3 Motion to Deem AdmissionsDD0002C4 | SD1 1159219.001 H U N T & H E N R I Q U E S 15 1 B E R N A L R O A D SU TI E 8 S A N JO SE C A L I F O R N I A 95 11 9 TE LE PH ON E: (4 08 ) 36 2- 22 70 FA CS IM IL E: (4 08 ) 36 2- 22 99 O o 0 3 9 A u n b s W N N N N N N N O N N N M m or m pe d p m a p m e m e d e m p m © 9 N Y U n b h W N = , O O N I N E R W N = o SUPPORTING DECLARATION OF JAIME RITTON I, Jaime Ritton, declare as follows: 1. I am an attorney at law duly admitted to practice before all the courts ofthe State of California and an associate attorney with Hunt & Henriques, the attorneys of record for plaintiff herein. 2. On May 23, 2017, plaintiff served by mail its first set ofrequests for admissions on defendant. A true and correct copy ofthese requests for admissions with proofof service is attached hereto as Exhibit A and made a part hereof. 3. Plaintiff has received no response to these requests for admissions. I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true and correct. Dated: July 26, 2017 A Jaigfte Ritton unt & Henriques, Attorneys for Plaintiff Page 3 of 3 Motion to Deem AdmissionsDD0002C4 | SD1 1159219.001 EXHIBIT A DISC-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address); FOR-COURT USE-ONLY Michael S. Hunt, Esq."99804 | Janalie Henriques, Esq, #111589 Hunt & Henriques, Attorneys at Law 151 Bernal Road, Sulte 8, San José, CA 95119 TELEPHONE NO.! 408-362-2270 FAX'NO, (Optional): 408-362-2299 E-MAIL ADDRESS (Optional): ATTORNEYFOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 700 Clvic Center Drive West, Rm D110 MAILING ADDRESS: CITY AND ZIP CODE: Santa Ana 92701 . BRANCH NAME: Central Justice Center, Civil Division SHORT TITLE: PORTFOLIO RECOVERY ASSOCIATES, LLC v. MA CORAZON 8 BULOSAN CASE NUMBER: REQUESTS FOR ADMISSION 30-2016-00886015-CL-CL-CJC Truth of Facts ] Genuineness of Documents Requesting Party: PORTFOLIO RECOVERY ASSOCIATES, LLC Answering Party: MA CORAZON S BULOSAN " Set No.: ONE INSTRUCTIONS Requests for admission are written requests by a party to an action requiring that any other party to the action either admit or deny, underoath,the truth of certain facts or the genuineness of certain documents. For Information on timing, the number of admissions a party may request from any other party, service of requests and responses, restrictions on the style, format, and scope of requests for admission and responses to requests, and other detalls, see Code of Civil Procedure sections 94-95, 1013, and 2033.010-2033.420 and the case law relating to those sections, An answering party should consider carefully whether fo admit or deny the truth of facts or the genuineness of documents, With limited exceptions, an answering party will .not be allowed to change an answerto a request for admission, There may be penalties if an answering parly fails to admit the truth ofany fact or the genuineness of any document when requested to do so and the requesting party later proves that the fact is true or that the document Is genuine. These penalties may include, among other things, payment of the requesting party's attorney's fees incurred In making that proof, Unless there Is an agreement or a court order providing otherwise, the answering party must respond In writing to requests for admission within 30 days after they are served, or within 5 daysafter service in an unlawful detainer action, There may be significant penalties if an answering party fails to provide a timely written response to each request for admission, These penalties may include, among other things, an order that the facts In Issue are deemed true or that the documents in issue are deemed genuine for purposes of the-case. Answers to Requests for Admission must be given under oath, The answering party should use the following language at the end of the responses: I declare underpenalty ofpetjury underthe laws ofthe State of California thatthe foregoing answers are true and correct. (DATE) (SIGNATURE) These instructions are only a summary and are not intended to provide complete Information about requests for admission, This Requests for Admission form does not change existing law relating to requests for admissions, nor does it affect an answering party's right to assert any privilege or to make any objection, REQUESTS FOR ADMISSION You are requested to admit within 30 days after service, orwithin 5 days after service In an unlawful detainer action, ofthis Requests or Admission that; . [X] Eachofthe following facts is true (if more than one, number each fact consecutively): Continued on Attachment1 2. [1 The original of each of the following documents, coples of which are attached, Is genuine (ifmore than one, number each document consecutively): C1 Continued on Attachment 2 Jaime Ritton > ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) page 1 of 1 Form Approvedfor Optional Use Code of Clvil Procedure, Judicial Councll of California REQuESTS FOR ADMonN §§ 94-95, 2033.010-2033,420, 2033,710 DISC-020 [Rev, January 1, 2008} Attachment 1 H U N T & H E N R I Q U E S 15 1 BE RN AL R O A D SU TT E 8 S A N JO SE C A L I F O R N I A 95 11 9 FA CS DM IL E: (4 08 ) 36 2- 22 99 TE LE PH ON E: (4 08 ) 3 62 -2 27 0 10 11 12 13 141 1s 16) 17 18 19 20 21 22 A 24 25 26 27 28 EACH OF THE FOLLOWING FACTS IS TRUE: 1. Ma Corazon S Bulosan had a credit account number 4408, . Credit account number 4408 was issued to Ma Corazon S Bulosan by CAPITAL . Ma Corazon S Bulosan received periodic statements regarding credit account number O X N N a y A W N . As of on or about November 10, 2016, the balance owed by Ma Corazon S Bulosan on credit . Ma Corazon S Bulosan has not made any payments on credit account number . Ma Corazon S Bulosan submitted a payment towards the outstanding debt on credit account . Portfolio Recovery Associates, LLC was assigned account number 4408, . Portfolio Recovery Associates, LLC is the current owner of, including all right,title and interest . Ma Corazon S Bulosan received through the U.S. mail a pre-legal notification from Portfolio ONE BANK (USA), N.A.. 4408issued by CAPITAL ONE BANK (USA), N.A.. account number 4408 was $1,065.10. 4408 since November 10, 2016, number 4408 within the ) years immediately prior toNovember 10, 2016. in, account number 4408, Recovery Associates, LLC regarding credit account number 4408. Page 7 | DD0002A1| ANT 1159219.001 Requests for Admission to Defendant, Set One PROOF OF SERVICE SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER, CIVIL DIVISION Re: PORTFOLIO RECOVERY ASSOCIATES, LLC v. MA CORAZON S BULOSAN,et al. Case No. 30-2016-00886015-CL-CL-CJC Iama citizen ofthe United States and employed in the County of Santa Clara, State of California; I am over the age of 18 years and not a party to the within entitled action; my business address is 151 Bernal Road Suite 8, San Jose, California 94119-1306. On May 23, 2017, I served the foregoing documents, described as PLAINTIFFS SPECIALLY PREPARED INTERROGATORIES TO DEFENDANT; PLAINTIFEF’S REQUESTS FOR ADMISSION TO DEFENDANT; PLAINTIFF’S DEMAND FOR PRODUCTION OF DOCUMENTS TO DEFENDANT; onthe interested parties to said action by the following means: X_. (ByMail) Byplacing atrue copythereof, enclosed in a sealed envelope with postage thereonfully prepaid,for collection and mailing onthat date following ordinary business practices, in the United States Mail atthe offices ofHUNT & HENRIQUES, California, addressed as shown below, I am readily familiar with this business's practice for collection and processing of correspondencefor mailing with the U.S. Postal Service, and in the ordinary course ofbusiness correspondence would be deposited with the U.S, Postal Service the same day it was placed for collection and processing, (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postagetliereon fully prepaid, in the United States Mail at San José, California, addressed as shown below, (By Hand Delivery) By causing a true copy thereof, enclosed in a sealed envelope,to be delivered by hand to the addresses shown below. (By Personal Service) By personally delivering a true copy thereof, enclosedina sealed envelope,to the addresses shown below. (By Overnight Delivery)By placing a true copy thereof,enolosed in a sealed envelope, withdelivery charges prepaid, to be sent by , addressed as shown below, (By Facsimile Transmission) By transmitting a truecopy thereofby facsimile transmission from facsimile number(408) 362-2299/(408) 360-8482, to the Interested parties to sald action; the transmission was reported as-complete and without error, and a copy ofthe transmission report, which was properly issued by the transmitting facsimile machine,is attached hereto and incorporated herein by reference. Said documents were transmitted to the interested parties as shown below at am./p.m, I declare under penalty ofperjury that the foregoingis true and correct,and that I am employed in the office ofa member ofthe Bar of this Court at whose direction the service was made, Executed on May 23, 2017, at San José, Santa Clara County, California. fe™ 4fy Tamoshaitis NAME AND ADDRESS OF EACH PERSON SERVED: Ma Corazon S Bulosan 664 Bridgeport Cir Fullerton, CA 92833 DD0002A1|JRN 1159219,001 © R X 9 O& O n n H H WL W N N = N N N N N N D N O N O N r m a p m m d e m e d e m me m e a p m R N 9 A N n A W L W L N = O V O N N N R W W = O PROOF OF SERVICE SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER, CIVIL DIVISION RE: PORTFOLIO RECOVERY ASSOCIATES, LLC vs. MA CORAZON S BULOSAN,et al. CASE NO: 30-2016-00886015-CL-CL-CJC I declare that: I am a resident of, or employed in, Santa Clara County, California. I am over the age of eighteen years and not a party to the within entitled cause; My business address is: 151 Bernal Road Suite 8, San José, CA 95119-1306 On July 26, 2017, I served the attached: - NOTICE OF MOTION AND MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION OF TRUTH OF FACS BE ADMITTED; MEMORANDUM IN SUPPORT; DECLARATION IN SUPPORT on the interested parties in said cause, by placing [ ] the original; [X] true copy thereof enclosed in a sealed envelope addressed as follows: Ma Corazon S Bulosan 664 Bridgeport Cir Fullerton, CA 92833 [X] BY MAIL: placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this businesses 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 a sealed envelope with postage fully prepaid. [ 1BY PERSONAL SERVICE:I caused such envelope to be delivered by hand to this office(s) of the addressee(s). [ ] BY UNITED PARCEL SERVICE:I caused such envelope to be delivered by United Parcel Service for overnight courier service to the office(s) of the addressee(s). [ 1BY FACSIMILE: I caused a copy of such documentto be sent via FACSIMILE to: CJ)- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct that this declaration was executed on July 26, 2017, in San José, CA. Dung Samantha Downey Page 1 of 1 1159219.001