Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (2024)

Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (1)

Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (2)

  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (3)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (4)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (5)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (6)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (7)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (8)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (9)
  • Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (10)
 

Preview

49D05-2406-CC-028867 Filed: 6/27/2024 12:41 PM Clerk Marion Superior Court 5 Marion County, IndianaSTATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT )ss:COUNTY OF MARION ) CAUSE NO.MIDLAND CREDIT MANAGEMENT, INC., Plaintiff vs.SHAUNTIA L HAWKINS, Defendant. COMPLAINT 1 Upon information and belief, Defendant SHAUNTIA L HAWKINS, resides at 5633 Matteson Dr,Indianapolis, Marion County, Indiana. 2 Credit was extended to Defendant on ZALES account number XXXXXXXXXXXXXX4825 formerlywith COMENITY CAPITAL BANK. 3 Defendant failed to pay the amount due on the account. 4 Defendant has failed to object to the accuracy of billings sent to Defendant and/or has otherwise assentedto the balance and has failed, refused, or neglected to pay as agreed. 5 As of June 11, 2024, Defendant owes a balance of $1,799.43 to Plaintiff, as is more fully set out inPlaintiff's Affidavit of Debt attached as Exhibit A and supported by the account documentation included therein. 6. Plaintiffis the assignee of Defendant's account. Please see the Chain of Assignment attached withinExhibit A. WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant for total damages in the amountof $1,799.43, plus costs of collection, any post-judgment interest and such other relief as the court may deem appropriate. Respectfully Submitted, STENGER & STENGER, P.C. Attorneys for Plaintiff Dated: 06/26/2024 By Keiti . Sparks #32766-71 CZ Denise M. Hallett #8406-45 CI Zachary M. Kimmel #34667-47 L] David W. Gray #32482-45 LD David J. Hoff #35481-15 2618 East Paris Avenue SE Grand Rapids, MI 49546 Phone: (866) 870-7452 Fax: (616) 942-9657 Email: indiana@stengerlaw.comTHIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 24-142161 IIMIINIDIIIV ITN 0 100111 1100110 A 00 0 0EXHIBIT ATHIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 24-142161 IIIA T0000 00000010 01000 0010 0100100 011AFFIDAVIT OF DEBT Comes now affiant, and states: L, Amanda Lengyel, am of adult age and am an employee of Midland Credit Management, Inc. ("Plaintiff" or "MCM"), and am fully authorized by Plaintiffto make the following representations. I am familiar with the recordkeeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of business and/or my personal knowledge. [ have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the account since the date the account was purchased by or was assigned ta MCM. In addition, I reviewed the documents that are attached to this affidavit. ) The Plaintiff has obtained this debt from COMENITY CAPITAL BANK and the original creditor of this debt was COMENITY CAPITAL BANK. Evidence of the debt, as required in Rule 9.2(A) (2), is attached as one or more Exhibits to this Affidavit. 2 SHAUNTIA L HAWKINS, Defendant, had an account balance of $1,799.43 as of 2024-05-02, which is owed to Plaintiff on account i X 4825 (hereinafter "the Account"). 3) MCM'°s records show that the Account was opened on 2021-08-16 and the last payment posted to the Account on 2021-11-13 in the amount of $100.00. MCM's records show that the Defendant defaulted on the Account on or after 2022-01-13 and the Account was charged off on 2022-06-30, 4) The type of account is: Credit card account (e.g. Visa, MasterCard, Department Store). Company issuing credit card: COMENITY CAPITAL BANK (J Other: 5) The account balance includes: MCM's records show that there are no late fees after 2022-07-29. Interest at a rate of 0% beginning on 2022-06-30. 6) The Plaintiff is not seeking attorney's fees. 7?) MCM's records do not show that Defendant is a minor or mentally incapacitated person. 8) If the Defendant is an individual, Plaintiff states and declares that pursuant to the attachment, Defendant is not in active duty status of the military. (“Active military service” includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition of “military service” in the Servicemembers Civil Relief Act, as amended, 50 U.S.C.A. Appx. §521.) AFFIDAVIT OF AMANDA LENGYEL - 1(MOCO ini 31763706! mma IM ugg9) As set forth in the records attached hereto, the complete chain of title including COMENITY CAPITAL BANK, the original creditor, and all post-charge-off purchasers/assignees of the debt are as follows: 1 COMENITY CAPITAL BANK. 2022-07-29 2. Midland Credit Management, Inc. 10) Attached hereto are the following records regarding the Account: a} Bill(s) of Sale, Assignment and/or Affidavit(s) of Sale b) Seller data sheet reflecting the individual Account information from the electronic records provided by the seller or assignor pursuant to the Bill{s) of Sale, Assignment(s) and/or Affidavit(s) of Sale in connection with the sale or assignmentof the Account to Plaintiff c) Records regarding the Account and/or payments received: i) Contract, application, or other document evidencing the consumer's agreement to the debt, and/or ii) Statement(s) and/or Account records reflecting: 1) the charge-off balance; and 2) the last purchase transaction, payment, or balance transfer. 1) The documents attached hereto are true and correct copies of the originals, being a reproduction of Plai ‘iff's records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicabie state and federal law. I swear or affirm under the penalties of perjury that the foregoing representations are true. JUN 06 2024 Date Amanda Lengyel MI230 AFFIDAVIT OF AMANDA LENGYEL - 2AM LAT IAEA AA [ge EVE A AFFRECATTACH 24-142161EXHIBIT A BILL OF SALE Comenity Capital Bank (“Seller”), for value received and pursuant to the terms and conditions of that certain Credit Card Account Purchase Agreement dated October 25, 201.9 between Seller and Midland Credit Management, Inc. (“Purchaser”), its successors and assigns (“Credit Card Account Purchase Agreement”), hereby assigns effective as of the Closing Date of July 29, 2022 all rights, title and interest of Seller in and to those certain Accounts described in the Credit Card Account Purchase Agreement and Schedule | (the “Asset Schedule”) attached hereto and made part hereof for all purposes, to Purchaser. The information contained in the Sale File (collectively, “Seller's Accounts Information”) is true and complete as of the File Creation Date. Further, all of the information contained in Seller’s Accounts Information (a) constitutes Seller’s own business records regarding the Accounts and (b) accurately reflects in all material respects the information about the Accounts in Seller’s possession. All of Seller’sAccounts Information has been kept in the regular course of Seller’s business, and wasmade or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained inSeller’s business records, or (ii) who caused the data to be entered into and maintained inSeller’s business records. All capitalized terms used, but not defined, in this Bill of Saleshall have the meanings assigned to such term in the Credit Card Account PurchaseAgreement,This Bill of Sale is executed without recourse except as stated in the Credit Card AccountPurchase Agreement to which this is an Exhibit. No other representation of or warranty oftitle or enforceability is expressed or implied.COMENITY CAPITAL BANK Midland Credit Management, Inc.By: By: Minabi, MYDate: 3 {7 /22. Date: 9/8/2022 _Title; Chief Credit Officer Title VP of BDSCHEDULE 1 TO BILL OF SALE ASSET SCHEDULEThe individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement andBill of Sale are described in the electronic file namedMCMG_HF_JULY_2022_DPL_CCB.TXT;MCMG_HF_JULY_2022_LCS_CCB.TXT delivered‘by Comenity Capital Bank to Midland Credit Management,- Inc. on July 26, 2022 andsummarized in the table immediately below (the “Sale File”). = = # of Charged-off Accounts Aggregate Unpaid Balance’ Percent File Creation Date | _ ens —_=a 20) EIO“LEVEL:ARFIDAVIT OF. £ BY ORK REDITORState of Utah§County of Salt LakeOn , Bruce A: Sweetén (‘A ffiant”) being duly sworn, deposes and says: Tam over 18 and | am the Chief Credit Officer of Comenity Capital Bank (“Seller”). [n that capacity and as part of my regular job duties, [ have custody of certain business records of Seller, routinely review such business records, and am familiar with Seller's processes for the sale and assignment of accounts and business records, including those that are maintained in electronic form. Seller owns certain accounts, and maintains and records information in the records as they relate to such accounts. 1 am authorized te make the statements and representations set forth in this affidavit on behalf of Seller. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of the Seller. If called upon as a witness, I can testify competently to the facts contained herein. My regular job duties include having knowledge of, and access to, business records relating to the Accounts (as defined below). These records are kept by Seller in the regular course of business, and it was in the regular course of business of Seller, for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records; and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. On or about 07/29/2022, Seller sold a pool of charged-off accounts (the Accounts”) by a Credit Card Account Purchase Agreement to Midland Credit Management, Inc. (“Buyer”). The original creditor at the time of charge-off was Comenity Capital Bank, Pursuant to the sale, Seller sold, transferred, assigned, conveyed, granted, bargained, set over and deliveredto Buyer and its successors and assigns, good and marketable title to the Accounts and any unpaid balance free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest. I am not aware of any errors in the Accounts. 6, In connection with the sale of the Accounts, electronic and other records were transferred to or otherwise made available to the Buyer (the “Transférred Records”), The Transferred Records have been kept in the regular course of Sel'es’s business, and were made or compiled at cr near the time of the event and recorded by (or from information transmitted by) a person (i)with knowledge of the data entered into and maintained in Seller’s business records, or (ii) who caused the data to be entered into and maintained in Seller's business records. To the extent that the Transferred Records include records that were prepared by a third party, they are records that were incorporated into the records of Seller as a business record and the accuracy of such records are relied upon by Seller in the regular course of business.7. I certify under penalty of perjury that the foregoing is true and correct.FURTHER AFFIANT SAYETH NOT.Signed this th day of August, 2022. TuUce. weet (AFFIANT NAME)Comenity Capital BankSubscribed and sworn to before me Jennifer Pardue, on this (te (date) day of August, inthe year 2022, by Bruce ten, who proved the basis satisfactory evidence to be theperson whose name is sill ip this (Notary's Official Seal), ESD ALAA % Signature: JENNIFER PARDUE «iSS AN Notary Public - State of Uran Comm. Xo. 718844 My Commission Expires on ~~ 17, 2025CERTIFICATE OF CONFORMITYSTATE OF UTAHCOUNTY OF SALT LAKEThe undersigned does hereby certify that she/he is an attorney at law duly admitted to practice inthe State of Utah and is a resident of Utah, County of Salt Lake, Utah; that she/he is a personduly qualified to make this certificate of conformity; that the foregoing acknowledgment byBruce A, Sweeten named in the foregoing instrument taken before Jennifer Pardue a notary inthe State of Utah duly conforms with the laws of the State of Utah, being the State in which itwas taken; and when executed by Mr. Sweeten in the manner indicated will qualify as a validand effective sworn statement in such state.8/22/2022Date Attorney at Law for the State of UtahField Field DataAccount Number 4 825Seller Account ID 73First Name SHAUNTIAMiddle Name LLast Name HAWKINS.SSNDate of Birth aAddress 1 830 PARK CENTRAL CT APT BCity INDIANAPOLISState INZip 46260Open Date 08/16/2021Last Purchase Date 09/03/2021Last Purchase Amount $1,579.58Last Payment Date 11/13/2021Last Payment Amount $100.00Sale Amount $1,799.43Charge Off Date 06/30/2022Charge off Balance $1,799.43Post Charge Off Interest $0.00Post Charge off Fee $0.00Post Charge off Payments $0.00Post Charge off Payments and Credits $0.00Post Charge off Credits $0.00Affinity ZALESAccount information provided by Comenity Capital Bank pursuant to the Bill of Sale/Assignment ofAccounts transferred on or about 07/29/2022 in connection with the sale of accounts from ComenityCapital Bank to Midland Credit Management, Inc.MCMG_HF_JULY_2022_DPL_CCB.TXT; MCMG_HF_JULY_2022_LCS_CCB.TXT. - - PAGE 1OF 4 Account no. 4825 New balance $1,799.43 Minimum payment due $177.00 Previous balance $1,752.02 Payment due date 07/13/2022 Payments 0.00 Late payment warning: Other credits “1,491.63 Purchases 0.00 Mt we do not receive your minimum payment by 07/13/2022 you may Oiher debits 1,491.63 have to pay up to a $41.00 late tee. Fees charged 41.00 inimum payment warnins yoy make only theoi Interest charged 6.41 payment for each period, you will pay morein interest and it will take New balance $1,758.48 you tonger to pay off your balances, For example: Past due amount 197,00 Ifyou make ne additional You will pay off ‘And you will Credit limit $1,620.00 charges using this card the balance shewn end up paying an Available credit and each month you pay: on the statement ‘estimated total Statement closing date Days in billing cycle owviezoee29 In about: ‘Only the minimum payment 14 years, of $7752 For information regarding credit counseling services. call 1-800-284-1708. WARNING: Promotional Plan(s) ENDING SGONT You ast pay your Plan 452-0001 balance of $1,491.53 in full by Sep 04, 2022 to avoid paying accrud interest chacges. PLUS - ff you have olfter aurchases or promotional balances on your account, you also vill need te pay your Minimum payment by the Payment due date shewn en thi statement. PROMOTIONAL PLANS: You made a purchase that was placed on a promotional plan in accordance wilh the details found in the “Details of your plans” section. : If you returned an item that was on a promotional plan and have questions with how the return was applied to your account, please call us. ‘Skip signing in to pay and use Comenity's EasyPay. It's safe and convenient, Use your smartphone camera or code ceader ta scan the QR code printed on your sayment stub below to get started.EL‘TRANS DATE TRANSACTION OESCAIPTIONLOCATION AMOUNT 0312022 PROMOTIONAL PLAN TRANSFER 1,491.83 ovav2022 PROMOTIONAL PLAN TRANSFER a 1,491.83 ane Fees 06/13/2022 LATE FEE 41.00 Total fees charged for this period $41.00 . interest charged Interest charge on purchases 36.41 Total interest for this period $6.41 ns 2022 totals year ta date Total fees charged in 2022 $249.00 Total imerest charged in 2022 $19.90- nonce: 92 Fave%5@ $9 for importan infomation. a: jaave tear al perioraiion above "Account umber 24825 ZALES THB DIAMOND STORE* ‘New balance $1,799.43 Minimum payment $177.00 54 Mailed payments must reach us by 6pm ET o ‘Yes, | have moved ar updated my e-mail address - see reverse. Amount nel I on 07/13/2022. Please make check payable to: COMENITY - Zales Jewelers UTM EE he TT Ee get lease relurn this portion along with your payment to: ‘SHAUNTIA L HAWKINS 830 PARK CENTRAL CT APT B PO BOX 650971 INDIANAPOLIS IN 46260-456: DALLAS TX 75265-0971 to'ocgnialieal tinal! baad Meg et LP ULee. . . wo . a Keep this parti far your records. CREDIT REPORTING. We may report informal 3p about What To Do if You Think You Find A MistakeOn Your Statement cred bueaus, Late bomen, missed ponents, ooh eto on your iy thet is an enor on your statement, wsile to is ats Crmeni maybe reflected in your credit report. {opal an PO Baw WADG2O, Cuma,OM 3218-2620, In yu llr, [NOTICE OF CREDIT REPORT DISPUTES ‘eos the folowing idorratons Account inionmation Yeam name ane account number, Hye bate tne actin me ered nn comune pent. Dalian arin: The delat arpa the susreclent exer gerne iaceune, atime diet is YaTo Comonity ny subiGH 429182100, waten pile Capital* Bescrintien of Prabiem: i you think these is an exser on your bil, Bank escrive what yon balene i wrong and why you balieve iis a mistake. rust pee sl an loi lily the accocint and speci sy Recountthe intormationsiacewate he You in contact us within F0cay8 ates the estes apparel on your wor eamme Aad accaunt mamber slaloment You ms elity uso ay polenta eats wii, Yo, 5 Contact Infomation: Yr ares ae lene rr eal, but if yeu ce We ae neh ea imvesligate any potential errors * Disputed Inemation: Wel he acount nlrmationi ane and ‘Sat yo moyen ty he mnt intetian, Vinee eae explain why youbel ie lis inaees ‘whether hed there has been an err, fllowing, « SpporangGocuretaion: Wat provide @ cary ofthe section of ‘Cannel iry to colt Ihe smgnl in question, or epee you as Ue credit ‘ao some the account iniorimation you ae disputing inquent qn thal amon Ye wi uted ilormalion ane report tha vests + The charge in question may remain nn your stateren|, and we, i dase cig re mali ux investigation. tf 1 To.chage you interest on thal areal ‘we deere thal Wwe fied thal the accounl inferation we ceperted is ince I, ‘we rataa mistake, yr will nol have to pay the arnounl in aestion oF Dromoptly provide the necessary cortection fa each consumer reporting . ay inleves! or oles fees relate ey It amu agency fa which we ied the information. yo ono have fo ay the amaunt in question, yous are respansible PAYMENTS MARKED “PAID IN FULL”. 141 wilten cormnimicalions Ace the reminder of your balares tearfig ciate arcs It inci ay cheek eer eee += We can apnly any urged armnind aginst yo xe ft. inser a in fa" or sina language, must ba sent Your Rights You Are Dissatistied With Your Cred Cand Purchases Dik: 2 Garo TATE Mycate i he goons or sevens thal you ha Donor use Tie Enel TANCE‘willyyour cretl cave, and you have tried in good faith to correct the ‘ray ae pare se oan ll cares it ing ay problem with the ant, yous may hate the Hight not to pay the rersining, ou rights. ‘amount die on the purchase. To nse this righ, aloft follewing, must be *'No payment shall operate as an acceet and satistantion withont pine inv: veritten a “The putchvase must have baan made in your hame state or within 100, CUSTOMER SERVICE. visust comenity eas eal 1-844-271-2708 a uen| mailing mses, he purchase rice mst tne 188581 bron mex nan $C, (Mat: ie ol ase TELEPHONE MONITORING. o provide you i ici sie, isomenlwe mall fo you, orf we on Ine COM ‘communication with us is monitored andor (ec That st you ie pons or serves) ADDITIONAL INFORMATION, The Kllowing designations,when spnearing 2. You mis hava snd your cred card forthe purchase. Punchases mate falement, mean the following: V me wll cash aevances fram an ATH or with 4 check that accesses your credit {cate wey cons WV IN PAY RQ means WAVE INTEREST, PATENT Card acon do oe etal. REQUIRED, WV INT EQ PY means WAIVE (NTERCST, EQUAL, PAYRIENT: WW 3. You rust not yet have fully paid for the uc INTL PAT RO DEFER INTEREST, PAYMENT REQUIRED: DOF INT EQ PY means Malla ia aboen arnret and you fied uth tne DEFER INTEREST, EQUAL PAYMENT: DF IT LOW PRAT means DEFER anlact gie ah Coreniy nial Sark PO bax INTEREST, LOW PAYMENT anc! LOW! APR EQ PAY means LOW APR, EOUAL Satan aa PAYMENT. yeu hove 9 ial ae oecoum,youw pte aes hay vay \While we investigate the same rues apply 16 he displ amounl 2s ‘You ray pay all ol your Account balance at any Hiseussed abe. Aloe Finish evr investigation, we wil tell you out Send all ing esto: CUSTOMER SERVICE, PO Sax 183003, Columbus, OH tfecision. Al tha in, "Think you owe an amnounl and you do ot ay 49218-3003,sen nay cepont yous as delinquent. ‘Send al up tices and relat snespondence to ComenityHOW TO AVOID PAYING INTEREST. Your dse date is at least 25 cays alter Capital Bank, Bankruplcy Department, PO Box 183043, Columbus, OH le cise ofeach ing cle, Ve wil ot charg: you ine en cess 428: ityen payinlrest on reewtance by he de date cach wet al Payerhop NOTICE ABOUT ELECTRONIC CHECK CONVERSION. Shan you provide or get Poymer Crt Pan in tc puree, ‘checl as payment, yeu aubesize us either ta use inleumalian tren your ‘check la make @ one-line elacteanie fund transfer tram your acento to PROMOTIONAL CREDIT PLAN TRANSACTION FEE. If you make a purchase proces the iar as a check Transaction. Whenwe use infoaration fem under 3 pecmalional Cracit Plan, wn add 3 Iransaciion fee a $9.95 pet ‘Your eneck 10 make an electinic fund Wansies, funes my be wilncrsun areselion (tom yeur accoun! as soon as & sme cay ve fec ‘your payment, ard BALANCE COMPUTATION METHCO. We catculaie interest separa ‘you wil nol receive your check back from your Hnsancial insliulicn, 2h po Enlace ony aceeinusing 2 “Ca Balance” to determine imleses| charges tar eae ‘We figure the interest Your accel ty apne the peste ale to he “cay ‘accoun! tov each ey in the billing, cyele. To gel the “daily balance” we Sak Ine begin Hola yum accom! ach day, al ens, and sithtract | ay pment es iin ya Gras palance a8 aera balance, Tis gras us the dalybaPAYIKENTS.pe crete Pay taRecent by the nt due date hy the time listed halow. Howe do not receive your payment in a cv 1 oxen faulted bate) it year Account ive gs, oF many he rejected. Also, your feymenl rast teach vecty the payment culoll line that ales taIe payment method you select.Cereel Format. Cnet areal fx diferent peaymentre!Mailing ar Oveinight: ‘honey tay aeelers chock or exsie's check payahein US. doas, to he name antes shenonThis Sfaleraent in the Sard gayraeea persish area containing your balance and ain an De san inclue your paymentsli, cane tae or ‘fayment In ie sluh, include yaw accouni number on yeu" check, use the envelone peaswi‘wih your Sialement, send a‘pajnent sub and da nai seee ary correspmnane Dajmenl, Yel should evamighl a payien| to 3000 Kelhaay Orie, 5 fe a carl22606 ane the aia aleqemens ihe Sane AS lr inal payoenis nless ier sade i ih law ihe Paymenls eked “Pad In Ful inl sens cash or gilt cerlficates, Pay By Phane: You can call us tol foe at 1-844-271-2708(1 18348 19-191) Iocan make papitents in slo, ie oan hy tls, whch ay neha 9 ate OMe: Yas con mane 3 yen eine at comey-neVEle, fmSLre Yo et Cult Tes, Papin cil limes trustees mes re Ie due datean this Stalin! in tha snarl shu ae at thafat ‘i (PT: Onfine: By $00 mn (1 eit fosstores Fy tbe Timethe stré claws atteba inalionOvernight yas make Byjour(eX pan asin Tie (Ds Pay pyre By hn New Information Tile (optional First Name 1 Lest Name, Soe. Sec. No. ‘Street Address Apt. No. RR PO Bax city State Zip Code Foreign Map Code Horne Phone Work Phone Email AddressPAGESOF ¢ Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD ‘on page 2 for more details. Minimum interes! charge may exceed interest charge below, par your credit card agreement. TPE OF BALANCE SUBJECT INTEREST BALANCE APR TO INTEREST RATE CHARGE Purchases 29.9900% 269.17 641 Plan 412-00001 OF INT LOW FMT. 29: 900% 0.00 0.00 Plan 452-00001 OF INT LOW PMT. 29,9900% 980.12 0.00 (001-00001 | Purchases oniaiNAL oft GINAL previo TOTAL PURCHASE MASE "AMOUNT ‘OATE exernes BALANCE4 PURCHASES ‘a CHARZES PAYMENTS ‘CREOTS, NEW PLAN ALANCE PLAN mnnue ACCRUED INTEREST NA NA NONE 260.49 47.41 0.00 307.90 5.00 0.00 ‘412-00001 There is no payment due on this pian option at this time. If you would like help determining the amount fo pay 10 avoid interest charges on any regular purchases and Zoro Interest Payment Plans, please contact us al ihe Customer Care phone number an this slalement or the back of your credit card, onal oniaNaL PREVIOUS TOTAL PURCHASE ‘AMOUNT renege exriies BALANCEaN PunCHASES"2 CHARGES, PAYMENTS ‘SCREOTS, NEW PLAN BALANCE wnt ACCRUED INTEREST $88.05 ogo32021 os/o4/2022 1,491.54 0.00 1,491.83 0.00 0.00 0.00 4452-00005 12 MONTHS DEFERRED INTEREST, LOW PAYMENT: No Interest if paid in full within 12 months. Interest wil be charged 10 your Accoun! from the purchase date althe purchase APA of 29.99% the promotional plan balance is not paid in full within the promotional period. Minimum payments are required for each Credil Pian, Minimum payments are NOT guaranteed to pay the promotional plan balance within the promotional period. You may have to pay more than the minimum payment to avoid accrued interest charges. Some balances may be paid off before the promotional pertad ends. Your minimum payment may be higher than if you did not select promotional financing. Valid for single transaction : . only. ofIGINAL OnlcNAL Previou is ToT PURCHASE PURCHASE PURCHASES. PAYMENTS NEW PLAN ACCRUED ‘AMOUNT DATE exes BALANCE ‘CHARGES a cREDITS BALANCE mans INTEREST $1,491.59 05/91/2022 09/04/2022 0.00 1,491.53 0.00 1491.53 15.00 978.60. IMMEDIATE ATTENTION REQUIRED! Your Account extremely past due and will be written off as a bad debt at the and of this month. To avoid this, you can pay the Minimum amount shown on this statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will Still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089 {TDD/TTY 1-888-819-1918) and we will find a suitable payment before the end of this month. If writtan off, the bad debt will be reported to the three major credit bureaus and our Recovery team will determine tha appropriate steps, as permitted and available under applicable law, to protect our interests. IMPORTANT INFORMATION ABOUT LATE FEE CREDITS. We may occasionally provide a credit for the amount, part or all, of a late fee charged to your account. It we do, we will charge a fee of up to $41.00 for any subsequent lale payment. In addition, we may reverse the credit and repost the charge to your account if you fail to make the minimum payment due on or before the due date in the next billing period. How can you take charge against ID Theft? Visit idtheft.gov to find out.PAGES OF 4vn PAGE 1 OF 2 Tine ‘Accaunt no. 4825 ‘New balance $0.00 Minimum payment due 30.00 Previous balance 431,799.43 Payment due date 07392022 Payments -0.00 it you make no odditional You will pay off ‘And you will Other credits 1,799.43 charges using this card the balance shown | end up paying an Purchases +0.00 ‘and each month you pay: ‘onthe statement estimated total Oiher debits 40.00 in about: of Fees charged 40.00 ‘Only the minimum payment 4 years 31,799 Interest charged +0.00 For information regarding credit counseling services, New balance: +50,00 call 1- Past due amount 30.00 Credit limit $1,620.00 Available credit $0.00 ‘Statement closing date 0630/2022 Days in bling cycle 4 WARNING: Promotional Plan{s) ENDING SOON! YOU MUST PAY THE BALANCE $1,491.53 OF YOUR PLAN 12 MNTH OF INT LOW PMT IN FULL BY 09/04/22 TO AVOID PAYING ACCRUED INTEREST CHARGES. ‘TRANS DATE ‘TRANSACTION DESCRIPTIONLOCATION ‘AMOUNT 96/30/2022 CHARGE OFF ACCOUNT-PRINCIPALS. “1,491.53. CE IARGES* GE Interest charged Interest Charge on Purchases $0.00 2022 totals year to date Total fees charged in 2022 $249.00 Total interest charged in 2022 $19.90 TYPE OF BALANCE SUBJECT INTEREST @ALANGE APR TOINTEREST RATE CHARGE Purchases 29.99% 0.00 (DA) 0.00 42DS=L 2215101 12 MNTH DF INT LOW PMT 29.99% 0.00 (DA) 0.00 ORIGINAL ‘ORIGINAL PREVIOUS TOTAL PURCHASE PURCHASE PAYMENTS: ew PLN PLAN ACCRUED ‘ANOU: ATE extnes BALANCE PURCHASES ‘CHARGES ‘SCREDTS BALANCE vine INTEREST NIA A NONE 307.90 0.00 307.90 0.00 -29.00 0.00 OLAS "You musi pay your plan balanceof $1,631.59 in ull by NONE to avald paying micvestGharges aie higher purchase APR noled above. ont aL PURCHASE ORIGINAL PREVIOUS PURCHASES PAYMENTS NEW PLAN PLAN Tora

Related Contentin Marion County

Case

CURTIS AUTO SALES, INC v. BRANDI BOREM

Jul 05, 2024 |CC - Civil Collection |49C01-2407-CC-029979

Case

AUTOVEST L.L.C OF INDIANA v. KYRA TAYLOR

Jul 04, 2024 |CC - Civil Collection |49D11-2407-CC-029831

Case

Synchrony Bank v. UMESH KAUSHAL

Jul 02, 2024 |CC - Civil Collection |49D12-2407-CC-029436

Case

Cavalry SPV I, LLC as assignee of Department Stores National Bank v. LOREE WILCOX

Jul 02, 2024 |CC - Civil Collection |49D04-2407-CC-029652

Case

Crown Asset Management, LLC v. Rolanda Winston

Jul 03, 2024 |CC - Civil Collection |49D03-2407-CC-029708

Case

DISCOVER BANK v. LEROY WILLIAMS

Jul 02, 2024 |CC - Civil Collection |49C01-2407-CC-029599

Case

AUTOVEST L.L.C OF INDIANA v. AMANDA GILLENWATER

Jul 04, 2024 |CC - Civil Collection |49D02-2407-CC-029807

Case

DISCOVER BANK v. MARILYN HATWOOD

Jul 02, 2024 |CC - Civil Collection |49D03-2407-CC-029600

Ruling

American Express National Bank vs. Conway, Scott

Jul 15, 2024 |S-CV-0052368

S-CV-0052368 American Express National Bank vs. Conway, ScottNo appearance required. CMC is continued to 10/07/24 at 2pm in Dept. 6.Complaint is not at issue - Need responsive pleading, default or dismissal as toDefendant(s): Conway, ScottAdditionally, no proof of service has been filed as to Defendant(s): Conway, Scott

Ruling

LVNV Funding, LLC vs Esther Canal An Individual

Jul 10, 2024 |23CV-01524

23CV-01524 LVNV Funding, LLC v. Esther CanalCourt TrialAppearance required. Parties who wish to appear remotely must contact the clerk of thecourt at (209) 725-4111 to seek permission and arrange for a remote appearance.

Ruling

BANK OF AMERICA N.A. VS SOO S CHO

Jul 10, 2024 |23STCV25173

Case Number: 23STCV25173 Hearing Date: July 10, 2024 Dept: 72 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES DEPARTMENT 72 TENTATIVE RULING BANK OF AMERICA N.A., Plaintiff, v. SOO S CHO, Defendants. Case No: 23STCV25173 Hearing Date: July 10, 2024 Calendar Number: 10 Plaintiff Bank of America N.A. (Plaintiff) seeks default judgment against Defendant Soo S Cho (Defendant). Plaintiff requests: (1) money judgment in the amount of $86,498.84, consisting of: (a) damages in the amount of $85,995.34; (b) costs in the amount of $503.50. The Court GRANTS Plaintiffs request for default judgment. Background Plaintiff is a subsidiary of Bank of America Corporation. Defendant opened a credit account with Plaintiff and obtained credit from Plaintiff. Plaintiff is currently indebted to Defendant in the amount of $85,995.34. Plaintiff failed to make periodic payments as required by the agreement covering use of the credit account. The last payment occurred on February 24, 2023. Plaintiff filed this action October 16, 2023, raising one claim for common counts. On December 22, 2023, the Court entered default against Defendant. Legal Standard CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Form CIV-100 Request for Court Judgment, and: (1) Proof of service of the complaint and summons; (2) A dismissal of all parties against whom judgment is not sought (including Doe defendants) or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment (CRC 3.1800(a)(7)); (3) A declaration of non-military status as to the defendant (typically included in Form CIV-100) (CRC 3.1800(a)(5)); (4) A brief summary of the case (CRC 3.1800(a)(1)); (5) Admissible evidence supporting a prima facie case for the damages or other relief requested (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362); (6) Interest computations as necessary (CRC 3.1800(a)(3)); (7) A memorandum of costs and disbursem*nts (typically included in Form CIV-100 (CRC 3.1800(a)(4)); (8) A request for attorneys fees if allowed by statute or by the agreement of the parties (CRC 3.1800(a)(9)), accompanied by a declaration stating that the fees were calculated in accordance with the fee schedule as per Local Rule 3.214. Where a request for attorney fees is based on a contractual provision the specific provision must be cited; (Local Rule 3.207); and (9) A proposed form of judgment (CRC 3.1800(a)(6)); (10) Where an application for default judgment is based upon a written obligation to pay money, the original written agreement should be submitted for cancellation (CRC 3.1806). A trial court may exercise its discretion to accept a copy where the original document was lost or destroyed by ordering the clerk to cancel the copy instead (Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124); (11) Where the plaintiff seeks damages for personal injury or wrongful death, they must serve a statement of damages on the defendant in the same manner as a summons (Code Civ. Proc. § 425.11, subd. (c), (d)). (California Rules of Court rule 3.1800.) Pursuant to Code Civ. Proc., § 1033.5(a)(1), items are allowable as costs under Section 1032 if they are filing, motion, and jury fees. A party who defaults only admits facts that are well-pleaded in the complaint or cross-complaint. (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154.) Thus, the complaint must state a claim for the requested relief. Discussion Service of the Complaint and Summons According to the proof of service filed on October 31, 2023, Defendant was served on October 26, 2023 at 1718 N Las Palmas Avenue, Apartment 617, Los Angeles, California 90028, via personal service. Non-Military Status Alexander Baizer Carr avers to Defendants non-military status. Summary of the Case Plaintiff provides a brief summary of the case in the declaration of Roberta Galbreath. Plaintiff adequately pleads its cause of action in the Complaint. Evidence of Damages Code of Civil Procedure section 580 prohibits the entry of a default judgment in an amount in excess of that demanded in the complaint. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286.) Moreover, a statement of damages cannot be relied upon to establish a plaintiff's monetary damages, except in cases of personal injury or wrongful death. (Ibid.) In all other cases, when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint. (Ibid.) Moreover, a plaintiff must submit admissible evidence supporting a prima facie case for the damages or other relief requested (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362.) Roberta Galbreath is a custodian of records for Plaintiff. Galbreath avers that the submitted records showing the amount due on Defendants account with Plaintiff are contemporaneously recorded by a person with actual knowledge of the information in question and are true and accurate copies of Plaintiffs business records. Interest Plaintiff does not seek interest. Memorandum of Costs and Disbursem*nts Plaintiff includes a memorandum of costs in the submitted Form CIV-100. Alexander Baizer Carr avers that Plaintiff expended $503.50 in costs. Attorneys Fees Plaintiff does not seek attorneys fees. Proposed Form of Judgment Plaintiff has submitted a proposed form of judgment consistent with the foregoing. Submission of the Written Agreement California Rule of Court 3.1806 states that unless otherwise ordered judgment upon a written obligation to pay money requires a clerks note across the face of the writing that there has been a judgment. Here, Plaintiff has not submitted the original documents. The Court does not discern any practical need for such a clerks note on the written obligation in the current case and therefore orders that it need not be included. If this causes any issues for any party or non-party, they are authorized to bring the matter to the Courts attention. Statement of Damages Plaintiff does not need to submit a statement of damages because this is not a personal injury or wrongful death case.

Ruling

COACHELLA VALLEY COLLECTION VS HART

Jul 10, 2024 |PSC1902678

MOTION FOR ASSIGNMENT ORDER byCOACHELLA VALLEYPSC1902678 COACHELLA VALLEY COLLECTIONCOLLECTION VS HARTSERVICETentative Ruling: The Motion of Plaintiff Coachella Valley Collection Service for an Assignment Orderpursuant to C.C.P. §708.510 is GRANTED. Judgment debtor, Sara Lynn Hart, shall forthwith assign tojudgment creditor, Coachella Valley Collection Service, judgment debtor’s rights to twenty-five percentof any monies due from any insurance broker, production agency or insurance company licensed to dobusiness in the State of California. Judgment debtor is restrained from assigning or otherwise disposingof the right to payment sought.

Ruling

LVNV Funding LLC vs Michelle Reed

Jul 10, 2024 |22CV-02837

22CV-02837 LVNV Funding, LLC v. Michelle ReedOrder to Show Cause re: Dismissal-Notice of SettlementAppearance required to address whether case can be dismissed. A Notice of Settlementof Entire Action was filed on December 7, 2022, stating that a dismissal would be filed byApril 14, 2024. No request for dismissal has been filed. (See Cal. Rules of Ct., rule3.1385(c).)

Ruling

VANESA O'HANLON VS. TONY GARNICKI ET AL

Jul 10, 2024 |CGC23610527

Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 15. PLAINTIFF VANESA O'HANLON's Application And Hearing For Right To Attach Order And Writ Of Attachment. Continued to July 11, 2024, on the court's motion. =(302/RBU)

Ruling

Capital One, N.A. vs. Sebastian T Evans, III

Jul 10, 2024 |CU23-05874

CU23-05874Motion for Judgment on the Pleadings Page 1 of 2TENTATIVE RULINGPlaintiff’s unopposed motion for judgment on the pleadings is granted.Defendant’s answer admits the existence and amount of the indebtedness. (Answer, ¶10.) Defendant’s inability to pay is not a defense to the indebtedness. A borrower islegally obligated to repay the debt. (Ab Group v. Wertin (1997) 59 Cal.App.4th 1022,1028.) And, a creditor has no duty to exercise reasonable forbearance in enforcing itslegal remedies against a debtor. (Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465,479.) Page 2 of 2

Ruling

TD Bank USA, NA vs Touch, KC

Jul 10, 2024 |24CV00043

24CV00043 TD Bank USA, NA v. Touch, KCEVENT: Plaintiff’s Motion to Deem Matters AdmittedPlaintiff’s Motion to Deem Matters Admitted is GRANTED. The Court will sign the proposedorder.3-||4. 24CV00299 Armatis, Katrina v. Goldstein, Rachel LynnEVENT: (1) Defendant AirBNB Inc.’s Motion to Compel Arbitration and For Stay ofProceedings Pending Disposition of this Motion and Arbitration(2) Case Management ConferenceDefendant Airbnb Inc.’s Motion to Compel Arbitration and Stay Proceedings isGRANTED. This case is stayed in its entirety pending arbitration. A Case ManagementConference is hereby scheduled for December 11, 2024 at 10:30am.1||5. 24CV00970 In re: MacNeil, KaciEVENT: Change of Name (minor) (Continued from 5/22/24)There is no proof of publication on file. Upon the filing of the proof of publication, the Courtwill sign the decree provided.6-||7. 22CV02404 Guinn, Lisa v. Graham Solar Systems, Inc. et al.EVENT: (1) Motion to Be Relieved as Counsel (Defendant Nicholas Graham)(2) Motion to Be Relieved as Counsel (Defendant Graham Solar Systems Inc.)(Continued from 6/12/24)Both motions to be relieved as counsel are granted. The court will sign the proposed orders.The orders will become effective upon the filing of the proof of service indicating Defendantswere served with the order.2|Page8-||10. 19CV01226 Randolph, Teresa v. Trustees of the California State University et al.EVENT: (1) Defendant Board of Trustees of the California State University’s Motion toCompel Further Responses to Requests for Admissions and for Sanctions;(2) Defendant Board of Trustees of the California State University’s Motion to CompelResponses to Requests for Production of Documents and for Sanctions;(3) Defendant Board of Trustees of the California State University’s Motion to CompelResponses to Interrogatories and for SanctionsContinued from 6/26/24These discovery motions are unopposed.Defendants’ Motions are granted in their entirety to the extent Plaintiff’s verifications do notcomply with the Code of Civil Procedure as they are not under penalty of perjury. Plaintiff isordered to provide further code complaint verifications within 10 days of notice of this order.As to other issues, the Court rules as follows.Production of DocumentsRequest No. 103 – As it appears Plaintiff has failed to follow through with her promise toproduce documents, Plaintiff is ordered to produce responsive documents within 10 days ofnotice of this order.Request No. 105 – The objections are untimely and must be removed. As to the adequacy ofthe response, the response seems to indicate Plaintiff cannot comply, but the responseincludes the qualifier “nearly all” documents were destroyed. Thus, it is unclear whetherPlaintiff has any responsive documents. Further response is required.Request No. 107 - The objections are untimely and must be removed. As to the adequacy ofthe response, the response seems to indicate Plaintiff cannot comply, but the responseincludes the qualifier “nearly all” documents were destroyed. Thus, it is unclear whetherPlaintiff has any responsive documents. Further response is required.Special Interrogatories, Set TwoInterrogatory No. 26 – Although Plaintiff’s alleged inconsistent statements might potentially beconsidered in other contexts, the Court finds the response to this question is sufficient forpurposes of the discovery statutes.Interrogatory No. 27 – Unlike Interrogatory No. 26, this response is evasive considering it askswhether Plaintiff attempted to contact Ms McRae. A response of “unknown” to that request is3|Pageevasive. It is within her personal knowledge, and she either attempted to contact her, or shedidn’t. Further response is required.Form InterrogatoriesInterrogatory No. 217.1 – To the extent Plaintiff seeks to respond by employing CCP section2030.230 by referring to other documents, the Court finds the subject requests are not thetype of requests necessitating a summary. Even if they were, simply making a general referralto deposition transcript is not a sufficiently specific response for purposes of section 2030.230.Special Interrogatories, Set ThreeInterrogatory No. 36 - Similar to interrogatory 217.1, general reference to depositiontranscripts and documents produced is simply not specific enough.Plaintiff is ordered to provide further substantive responses as discussed within 10 days ofnotice of this order. Defendant is awarded sanctions in the amount of $ 2,950.00.

Ruling

201700491367CUOR Sherwood Valley HOA vs New Mission

Jul 09, 2024 |Jeffrey G. Bennett |Motion to Quash Specially Appearing Non-Party Amy Levan's Notice of Motion and Motion to Quash Service of Motion to Amend Judgment to Add Judgment Debtor |201700491367CUOR

SUPERIOR COURT OF CALIFORNIA COUNTY OF VENTURA Tentative Ruling 201700491367CUOR: Sherwood Valley HOA vs New Mission 07/09/2024 in Department 21 Motion to Quash Specially Appearing Non-Party Amy Levan's Notice of Motion and Motion to Quash Service of Motion to Amend Judgment to Add Judgment DebtorThe morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Pleasearrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar iscalled.The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing byCourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must makearrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests forapproval of a CourtCall appearance made on the morning of the hearing will not be granted. Noexceptions will be made.With respect to the tentative ruling below, no notice of intent to appear is required. If you wish tosubmit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at805-289-8705, stating that you submit on the tentative. You may also email the Court at:Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu ofsending a fax or email. If you submit on the tentative without appearing and the opposing partyappears, the hearing will be conducted in your absence. If you are the moving party and do notcommunicate to the Court that you submit on the tentative or you do not appear at the hearing,the Court may deny your motion irrespective of the tentative.Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, theprevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed withthe court. A "notice of ruling" in lieu of this procedure is not authorized.Tentative RulingGRANTS nonparty Amy LeVan’s motion to quash Plaintiff Sherwood Valley HomeownersAssociation’s service of its motion to amend judgment to add judgment debtors.Although the law regarding what type of service is required for Plaintiff’s motion to amend thejudgment is not entirely clear (compare Favila v. Pasquarella (2021) 65 Cal.App.5th 934, 947,fn. 10, with Reliant Life Shares, LLC v. Cooper (2023) 90 Cal.App.5th 14, 58), the Courtconcludes that for the purposes of Plaintiff’s motion to amend the more “suitable process…mostconformable to the spirit of [the Code of Civil Procedure]” (see Code of Civil Procedure §187) isthat Plaintiff be required to serve LeVan with its moving papers in the same manner as requiredfor service of summons. As a result, the Court finds Plaintiff’s service of its motion to amendthe judgment by mail on LeVan insufficient and quashes such service. 201700491367CUOR: Sherwood Valley HOA vs New MissionBased on the above, the Court continues the hearing on Plaintiff’s motion to amend thejudgment, presently set for July 11, 2024, to August 15, 2024, to give Plaintiff sufficient time toeffect service of its moving papers on LeVan in the manner required for service of process atleast 16 court days prior to the August 15, 2024 hearing, and to file and serve proof of suchservice with the Court.The motion to amend the judgment is already fully briefed, and no additional briefing isauthorized at this time.AnalysisThe Association’s motion to amend the judgment to add additional judgment debtors is broughtpursuant to Code of Civil Procedure §187. Section 187 provides that: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”Because a motion to amend a judgment to add alter egos is not a “proceeding …specificallypointed out by this Code or the statute,” the Court may employ “any suitable process or mode ofproceeding may be adopted which may appear most conformable to the spirit of this Code.”Stated differently, the procedural rules governing the Association’s motion to amend thejudgment are not specified by statute, and therefore the Court must determine what proceduralrules are appropriate (“most conformable to the spirit of this Code”) for such a proceeding.The Court notes that a motion to amend the judgment to add an alter ego as a judgment debtor isviewed by the courts as an equitable procedure pursuant to which the Court is not adding a newdefendant, but merely inserting the correct name of the real defendant. (See Leek v. Cooper(2011) 194 Cal.App.4th 399, 419.) However, LeVan persuasively argues that unless and untilthe Court adjudicates that LeVan is an alter ego of the judgment debtor, New Mission, LLC(“New Mission”), LeVan is legally a separate person from New Mission and therefore the Courtneeds to acquire jurisdiction over LeVan in an appropriate manner to rule on the merits of thealter ego allegations.There is appellate authority standing for the procedure that a motion to amend the judgmentpursuant to §187 must be a noticed motion. (See, e.g., Wells Fargo Bank, N.A. v. Weinberg(2014) 227 Cal.App.4th 1, 9 [Stating that: “Code of Civil Procedure section 187 contemplates anoticed motion.”].) However, there appears to be a dearth of authority directly addressing theissue of how a nonparty alleged alter ego should be served with notice of such a motion and themoving papers.There is authority suggesting – without explicitly holding –that the Association’s moving papersin support of the motion should have been personally served on LeVan, because such service isin the spirit of the provisions in the Code of Civil Procedure regarding initiating a lawsuit against 201700491367CUOR: Sherwood Valley HOA vs New Missiona party. For example, the 2nd District Court of Appeal stated the following with respect toservice of a motion to amend a judgment on the person allegedly the alter ego of the judgmentdebtor: “As discussed, the Estate personally served the motion to amend on Pasquarella, at the time no longer a party in the Get Flipped litigation, and not her counsel of record in the Moofly Productions litigation—a procedure that was entirely proper, although perhaps not a model of professional courtesy. (Cf. §§ 415.10 [requiring personal service of papers initiating a lawsuit], 684.020, subd. (a) [requiring postjudgment papers be served on postjudgment debtor, not debtor's counsel, absent a request on file with the court].) (Pasquarella was also served as the registered agent for judgment debtor Moofly Productions.)” (Favila v. Pasquarella (2021) 65 Cal.App.5th 934, 947, fn. 10.)There is 2nd District Court of Appeal authority suggesting that service of a motion to amendjudgment is affected by the presence or lack thereof of evidence regarding alter ego status. “As Ms. Cainong necessarily concedes, the service at issue here is not the service of a summons and complaint, and she offers no authority for her contention that the motion to amend the judgment was ‘akin’ to service of a summons and complaint. In the absence of any such authority, we see no reason to treat Cooper's motion to amend the judgment as subject to different procedural requirements than any other motion. Particularly is this so given the court's findings in phase one of the trial that the evidence established Michaels used the three trusts as extensions of himself.” (emphasis added) (Reliant Life Shares, LLC v. Cooper (2023) 90 Cal.App.5th 14, 58 [“Reliant”].)Here, unlike in Reliant, the Association fails to submit any evidence that this Court made anyfindings at or prior to trial that any of the third parties the Association seeks to add to thejudgment “used [New Mission] as extensions of [themselves].”The very limited case law on the issue does not provide a clear answer as to what kind of serviceof the present motion to amend the judgment is required with respect to LeVan. The Courtadopts the more conservative approach approved of in Favila v. Pasquarella, and requires theAssociation to serve LeVan personally with the moving papers, as this is more likely to avoidpotential jurisdictional issues with any amended judgment against LeVan. The Court will requirethe Association to serve LeVan with its moving papers in the same manner as required forservice of process.In her Reply Brief, LeVan argues that Court lacks the discretion to continue the hearing becauseit does not presently have jurisdiction over the controversy between the parties. The Courtrejects LeVan’s argument because, inter alia, in her May 16, 2024 ex parte application LeVanpreviously requested an order continuing the hearing on the Association’s motion to amend thejudgment, which request was granted in part, and therefore she will not be heard to argue that theCourt lacks either the jurisdiction or power to continue the hearing. 201700491367CUOR: Sherwood Valley HOA vs New MissionThe hearing on the Association’s motion to amend the judgment is presently set for July 11,2024. The Court will continue the hearing on the motion for approximately five weeks toAugust 15, 2024, to give the Association sufficient time to effect service of its moving papers onLeVan in the manner required for service of process at least 16 court days prior to the August 15,2024 hearing, and to file and serve proof of such service.The Court does not authorize any additional briefing on the motion for leave to amend, as thematter has already been fully briefed.

Document

Crown Asset Management, LLC v. Mary Henderson

Jul 03, 2024 |CC - Civil Collection |49C01-2407-CC-029707

Document

LINCOLN TECHNICAL INSTITUTE, IINC. v. DIMAS AYALA

Jul 03, 2024 |CC - Civil Collection |49D11-2407-CC-029671

Document

TD BANK USA, N.A. v. BOBBY MINNICK

Jul 02, 2024 |CC - Civil Collection |49D11-2407-CC-029646

Document

DISCOVER BANK v. KERENSA MAIER

Jul 03, 2024 |CC - Civil Collection |49D12-2407-CC-029681

Document

DISCOVER BANK v. LARRY AYERS

Jul 02, 2024 |CC - Civil Collection |49D11-2407-CC-029637

Document

Cavalry SPV I, LLC as assignee of Synchrony Bank v. SERON POOLE

Jul 03, 2024 |CC - Civil Collection |49D04-2407-CC-029666

Document

Credit Acceptance Corporation v. BRIAN BIGGS, JR

Jul 02, 2024 |CC - Civil Collection |49D04-2407-CC-029426

Document

MIDLAND CREDIT MANAGEMENT, INC. v. MARLA CAMPBELL

Jul 08, 2024 |CC - Civil Collection |49D12-2407-CC-030154

Complaint/Equivalent Pleading Filed - Complaint June 27, 2024 (2024)

References

Top Articles
How and when to watch the Perseid meteor shower | CNN
What time is 2024 Chicago Air and Water Show: Schedule, lineup and more
Sarah Burton Is Givenchy's New Creative Director
Cremation Services | Mason Funeral Home serving Westfield, New York...
Corinne Massiah Bikini
Lesson 10 Homework 5.3
Denman Promo Code
Ann Taylor Assembly Row
Blowupgirls Thread
What Is Carrier Default App? Everything You Need To Know - Mobile Soon
Keanu Reeves cements his place in action genre with ‘John Wick: Chapter 4’
Champion Enchant Skyblock
Strange World Showtimes Near Harkins Metrocenter 12
These Mowers Passed the Test and They’re Ready To Trim Your Lawn
Dabs Utah State Liquor Store #09 - Murray
Tugboat Information
Www Craigslist Antelope Valley
NFL Week 1 coverage map: Full TV schedule for CBS, Fox regional broadcasts | Sporting News
Sloansmoans Bio
P.o. Box 30924 Salt Lake City Ut
Banette Gen 3 Learnset
Acuity Eye Group - La Quinta Photos
Metv Plus Schedule Today Near Texas
Dickinson Jewelers Prince Frederick Md
Shop - Mademoiselle YéYé
The Blind Showtimes Near Showcase Cinemas Springdale
Experience the Convenience of Po Box 790010 St Louis Mo
Cn/As Archives
Fortnite Chapter 5: All you need to know!
Anvil In Shattrath
Amerikaanse dollar bestellen | USD kopen
Koinonikos Tourismos
Wolf Of Wallstreet 123 Movies
MyChart | University Hospitals
toledo farm & garden services - craigslist
Craigslist Musicians Phoenix
Kirby D. Anthoney Now
Tmz Jennette Mccurdy And Joe
Pulaski County Busted Newspaper
What is IXL and How Does it Work?
The Untold Truth Of 'Counting Cars' Star - Danny Koker
Alles, was ihr über Saison 03 von Call of Duty: Warzone 2.0 und Call of Duty: Modern Warfare II wissen müsst
ARK Fjordur: Ultimate Resource Guide | Where to Find All Materials - Games Fuze
marie claire Australia January 2016 Robyn Lawley, Rachel Taylor, Sarah Snook • EUR 11,50
Used Vehicles for Sale near Grandville, MI 49418 | U-Haul
Welcome to Predator Masters -- Hunting the Hunters
Buhsd Studentvue
304-733-7788
Saybyebugs At Walmart
Car Hire in Romania from £4/day - Search for car rentals on KAYAK
Mri Prospect Connect
Luxiconic Nails
Latest Posts
Article information

Author: Carlyn Walter

Last Updated:

Views: 5285

Rating: 5 / 5 (70 voted)

Reviews: 93% of readers found this page helpful

Author information

Name: Carlyn Walter

Birthday: 1996-01-03

Address: Suite 452 40815 Denyse Extensions, Sengermouth, OR 42374

Phone: +8501809515404

Job: Manufacturing Technician

Hobby: Table tennis, Archery, Vacation, Metal detecting, Yo-yoing, Crocheting, Creative writing

Introduction: My name is Carlyn Walter, I am a lively, glamorous, healthy, clean, powerful, calm, combative person who loves writing and wants to share my knowledge and understanding with you.