Order Dismiss

Cal. Super. - 3rd Dist.September 14, 2018

S o C O NI N DR O n N 10 11 12 13 14 15 16 17 18 19 20 al 22 23 24 25 26 27 28 - ~ LEE M. MENDELSON, ESQ. (SBN 236819) MENDELSON GOLDMAN AND SCHWARZ, APC 5805 Sepulveda Blvd, Suite 850, Sherman Oaks CA 91411] F Telephone: (818) 575-6822 Supertor TL ED Facsimile: (818) 703-7663 County of Placer Lee@MGSAPC.com JUN 21 2019 Refer to File Number: WW4000 dake Chatters Ufexscinive Officer & Clerk Attorneys for Plaintiff O. Lucatuorto, Deputy SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER (Limited Civil) COMENITY CAPITAL BANK, ) CASE NO. MCV0071315 Plaintiff(s), APPLICATION TO DISMISS PER VS. 664.6; ORDER SYLVIA EMERSON ; DOES 1 - 100, Defendant(s). Nu m ee e e e a SS a TO THE COURT, DEFENDANTS AND ALL OTHER INTERESTED PARTIES: PLEASE TAKE NOTICE, that Plaintiff COMENITY CAPITAL BANK (“Plaintiff”) and Defendant SYLVIA EMERSON (“Defendant”) entered into a Stipulation regarding Settlement whereby Defendant agreed to pay Plaintiff a settlement amount on a monthly basis. The parties further agreed that the Stipulation would be enforced pursuant to California Code of Civil Procedure section 664.6. At true and correct copy of said Stipulation is attached hereto as Exhibit 1 and is incorporated by reference. As a result, Plaintiff requests that this matter be dismissed with the court to retain jurisdiction... DATED: June 7, 2019 MENDELSON GOL N AND SCHWARZ, APC. ENDEVSON ys for Plaintiff APPLICATION TO SEMIS PER 664.6; ORDER S o O S NN DB D W O e e WW ! LO D R O P N H R R R B E R K YF SF S F e W A A R E B H Z s ORDER Proper cause appearing the Court orders this case dismissed with the court to retain jurisdiction pursuant to California Code of Civil Procedure Section 664.6.. DATED: QUA JUDGE OF THE SUPERIOR COURT Alen Pineschi 3 APPLICATION TO DISMISS PER 664.6; ORDER EXHIBIT 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | “s LEE M. MENDELSON, ESQ. (SBN 236819) | | MENDELSON GOLDMAN & SCHWARZ MARC A. SCHWARZ, ESQ. (SBN 29275 8) | A PROFESSIONAL 5805 Sepulveda Blvd, CORPORATION Suite 850 Sherman Oaks, CA 9141] Telephone: (818) 575-6822 Facsimile: (818) 703-7663 Refer to File Number: WW4000 Attomeys for Plaintiff | SUPERIOR COURT|OF CALIFORNIA COUNTY OF PLACER (Limited Civil) COMENITY CAPITAL BANK, ) CASE NO.: MCV0071315 Plaintifi(s), ) ' STIPULATION FOR ENTRY OF ) | JUDGMENT vs. ) SYLVIA EMERSON; | DOES | - 100, ) | dy Defendant(s). ) ) | ) | y | IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, COMENITY CAPITAL BANK (hereinafter Plaintiff’), and Defen dant SYLVIA EMERSON (hereinafter “Defendant”), that Judgment be entered against said Defendant under the following terms: 1. Defendant shall pay to Plaintiff the sum of $4,971.37, as follows: a) b) c) d) €) $210.00 due on or before December 20, 2018; $210.00 due on or before January 20, 2019; $210.00 due on or before February 20, 2019; $210.00 due on or before March 20, 2019; $210.00 due on or before the 20" of each month, beginning April 20, 2019, until the amount of $4,971.37 is paid in full. Z. There shall be a stay of entry of Judgment so long as Defendant pays, without default, the sums as set forth in Paragraph 1 above of this Stipulation. 3. A payment shall be considered in default five (5) days after the date on which it is due; I, STIPULATION FOR ENTRY OF JUDGMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. LL. Acceptance of a late payment by Plaintiff shall not constitute a waiver nor in any way prejudice Plaintiff’s right to receive and demand timely payments thereafter. Plaintiff, in its sole discretion, shall have the right to declare a default under the terms herein, regardless of the number of times it has not declared a default, although entitled to do so. All payments shall be made payable, and mailed to, MENDELSON GOLDMAN & SCHWARZ, 5805 Sepulveda Blvd, Suite 850, Sherman Oaks, CA 91411. Plaintiff agrees that if said sum is paid bs agreed, Plaintiff will file a Dismissal of the action and waive further interest and costs. This Stipulation shall not affect the liability of any other defendant not included in this Stipulation, nor release any other Sethnriants from liability in this action. Defendant acknowledges receipt of the Summons and Complaintin this action. Defendants further agree that this Stipulation shall constitute an answer by the undersigned to the complaint herein whereby defendants admit all allegations contained therein. In the event of default in any payment or performance as set forth in this Stipulation, Judgment may be entered in favor of Plaintiff against Defendant in following sums: a) For the principal suri of $4,971.37, less any payments pursuant to this Stipulation, together with interest thereon at the rate of 10.00% per annum from the date of the filing of the Complaint; b) plus attomey’s fees to be calculated pursuant to Local Rule 3.214; c) plus costs of suit herein incurred, said costs to be stated in an affidavit by Lee M. Mendelson, Esq. If Judgment is entered upon this Stipulation, Defendant waives any rights Defendant may have for requesting or having a new trial or any right Defendant may have to request or to have an appeal from the eatry ofj udgment. Defendant expressly waives any and all rights Defendant may have in regard to notice and opportunity to be heard as set forth in the case of Rooney v. Vermont Investment, 10 Cal. 3d 351. | STIPULATION FOR ENTRY OF JUDGMENT | | 12. 13. 14. 15. 16. 17. 18. Defendant agrees to waive Section 5810) and 583.310 of the Califomia Code of Civil Procedure. | It is further Stipulated and agreed thit this Stipulation for Entry of Judgment may be executed in two or more counterparts, each of which shall be deemed a duplicate original but all of which together shall constitute one and the same counterpart. Further, the parties stipulate and agree that because this Stipulation may be transmitted electronically, that a document signed and transmitted in stvelectronic means, shall be deemed to be an original signature for all purposes. Therefore} a copy which does not bear originally executed signatures, shall be deemed an original, duplicate original for any purpose herein. It is further agreed that the Declaration of an employee of MENDELSON GOLDMAN & SCHWARZ shall be sufficient to stash the exact sum due and owing pursuant to this Stipulation and shall be sufficient to secure the issuance of a Writ of Execution. Judgment in accordance with this Stipulation may be entered by a Commissioner of this Court without the necessity of a noticed Motion. Nothing herein contained shall preclude Plaintiff from proceeding in the event of default to immediately commence levy of execution on any assets of the named Defendant herein. Defendant, at all times material hereto, had the opportunity to consult with legal counsel of Defendant’s own choosing concerning Defendant’s rights with respect to the form and content of the Stipulation for Entry of Judgment, and the advisability of executing same. The Parties herein stipulate and agtec that the court may dismiss this matter without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement pursuant to California Code of Civil Procedure 664.6. 3 STIPULATION FOR ENTRY OF JUDGMENT 10 ll 12 L3 14 DATED: Fin BANK wy DA ha Neme: FA Chee, = Title: (ew ¥, Ufo / kK of. By: Lhe Lotter #YLVIA EMERSON Defendant DATED: APPROVED AS TO FORM AND CONTENT: | DATED: December 11, 2018 & SCHWARZ By: LEE M. DBLSON, ESQ. Attorneysfor Plaintiff | | JUL QYTEN on he | [YA hoy ob May Lag. | | Vatite ARIAL Se, Hote. a C5 So s¥ 2X% HEATHER COY =, Somes = NOTARY PUBLIC - OHIO = ee) = MY COMMISSION EXPIRES % oy Ss MARCH 1, 2020 2 BO | | | STIPULATION FOR E NTRY OF JUDGMENT | |