Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (2024)

Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (1)

Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (2)

  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (3)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (4)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (5)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (6)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (7)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (8)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (9)
  • Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (10)
 

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IN THE STATE COURT OF HOUSTON COUNTY EFILED IN OFFICE STATE OF GEORGIA CLERK OF STATE COURT HOUSTON COUNTY, GEORGIANAVY FEDERAL CREDIT UNION, 2024CV0057100Plaintiff, CIVIL ACTIONJASON E. ASHFORD AUG 23, 2024 06:13 PMvs. Civil Action NY Jota A Liha gnPHILLIP L ANDERSON, A/K/A PHILLIP L ANDERSON I, Teresa Hatha fouston County, GeorgiaDefendant. COMPLAINTCOMES NOW the Plaintiff and for its Complaint of the Defendant avers and says as follows:1 The Plaintiff is a foreign corporation authorized to prosecute this civil action in the State of Georgia. The Plaintiff is the owner of the account numbered ***###4%8 537, forming the basis of this civil action, and holds all right, title, and interest therein. The Defendant is indebted to the Plaintiff in the principal amount of $15,203.52. The Plaintiff has made demand upon the Defendant for payment, but the Defendant has failed, neglected, and refused to make payment upon the account to the Plaintiff. Pursuant to O.C.G.A. §13-1-11, the Defendant is hereby notified that if the full balance of principal and interest sued upon herein is paid to the office of the undersigned attorney not later than ten (10) days after service of this Complaint, then the Plaintiff will forego its claim for attorney’s fees incurred in the collection of this claim; but otherwise the Plaintiff shall enforce the agreement as to Plaintiff's reasonable attorney’s fees. Attached hereto and incorporated herein by reference as though set forth verbatim are the Plaintiff's Exhibits which sets forth the Plaintiff's claim against the Defendant. Upon information and belief, the Defendant is an adult citizen and resident of Houston County, Georgia. Pursuant to O.C.G.A. § 24-9-902(11), Plaintiff hereby notifies all parties of its intent to use the documents attached to the complaint as self- authenticating at trial. Plaintiff has provided all relevant records for review by Defendant in anticipation of using the attached documents in lieu of a live witness at trial.WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for relief as follows:1 That Plaintiff have and recover Judgment against the Defendant for the principal amount of $15,203.52; and2. That the costs of this civil action, together with Plaintiff's reasonable attorney's fees, be taxed against the Defendant as by law allowed; and3. For such other, further, and general relief as to which Plaintiff may be entitled in law or equity alike.Dated August 21,2024This communication is froma debt collector. This is an attempt Ayanna K. Abrams, Bar # 466513to collect a debt, and any information Gabriel M. Medford, Bar # 410423obtained will be used for that purpose. Daniel Lawrence Grimes, Bar # 142349 Cullan M. Demianczyk, Bar # 433198 Donald Joseph Whittemore, Bar # 183918 BROCK & SCOTT, PLLC 1315 Westbrook Plaza Drive Winston-Salem, NC 27103 Telephone: (888) 461-7908c\NF016290 Telefax: (336) 354-1588DISCLOSURE STATEMENT CLERK OF STATE COURT CASE NUMBER. Assigned by Clerk Navy Federal Credit Union, PLAINTIFF vs. PHILLIP L ANDERSON A/K/A, PHILLIP L ANDERSON I DEFENDANT(S) TYPE OF ACTION Divorce without Agreement Attached 11 URESA Divorce with Agreement Attached 12. — Name Change Domestic Relations 13. — Other XXX Damages arising out of Contract 14. — Recusal 5. Damages arising out of Tort Condemnation Equity — Adoption Zoning - County Ordinance violations (i.e. Injunctive relief-zoning) Zoning Appeals (denovo) 10. Appeal, Including denovo appeal-excluding Zoning. PREVIOUS RELATED CASESDoes this case involve substantially the same parties, or the same subject matter, or substantially the same factual issues, asany other case filed in this court? (Whether pending simultaneously or not.)XXX NO YES — If yes please fill out the following: Case # Parties vs. Assigned Judge Is this case still pending? Yes No Brief description of similarities: Catan “We Cemianegak Ayanna K. Abrams, Bar # 466513 Gabriel M. Medford, Bar # 410423 Daniel Lawrence Grimes, Bar # 142349 Cullan M. Demianczyk, Bar # 433198 Donald Joseph Whittemore, Bar # 183918 BROCK & SCOTT, PLLCForm # 0122Revised 05/20/02 ¢\NF016290STATE OF Vecounty or Fredevrck AFFIDAVITPlaintiff: Navy Federal Credit UnionDefendant: PHILLIP L ANDERSON, a/k/a PHILLIP L ANDERSON IAccount Number: ***#*######48537Balance Due: $15,203.52I, the undersigned affiant, first being sworn, declare and state as follows:1 Affiant is over the age of 18 and competent to testify as to the matters contained herein. Affiant is a Recoveries Specialist, of Navy Federal Credit Union (hereinafter "Plaintiff"), who is the creditor/owner in this transaction. Affiant is authorized to make this Affidavit on behalf of the Plaintiff. In the regular performance of my job functions, I have access to business records maintained by Plaintiff. These records are made at or near the time by, or from information provided or transmitted by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Plaintiff. It is the regular practice of Plaintiff's businesses to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining these business records. Plaintiff's Account set forth above states the balance due from the Defendants. A true and correct copy of account record(s) is/are attached as an Exhibit. The Defendants have defaulted on the Account, and the default has not been cured. The balance has been accelerated making the entire balance due and owing.FURTHER AFFIANT SAYETH NOT. W)ukh— Date: W-1672Printed Name: (2anclail PeelTitle: Recoveries Specialist~~Si and subscribed to me this I day of. JU \ , 20Aby the above-identified individual, personally known to me OR produced identificationType of identification produced: - Notary Public Navy Federal Credit Union PHILLIP L ANDERSON, a/k/a PHILLIP L ANDERSON I c\NFO16290 CASSANDRA E LATIMER NOTARY PUBLIC. REG. #8024347 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31, 2026REDERAL Credit Union VISA SIGNATURE FLAGSHIP REWARDS MINIMUM PAST DUE PAYMENT NEW ACCOUNT NUMBER AMOUNT PAYMENT DUE PAYMENT DUE DATE BALANCE ENCLOSED 1,988.99 1,835.99 03/24/2024 15,203.52 XXXX_XXXX XXXX 8537 _ $ PLEASE INDICATE CHANGE OF ADDRESS ON REVERSE. PLEASE MAKE CHECK PAYABLE AND MAIL TO NAVY FEDERAL PHILLIP ANDERSON + 0123928 P.O. BOX 3500 112 BLACKSTONE CT MERRIFIELD VA 22119-3500 KATHLEEN GA 31047-4110 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXKK KKaigietarere Maia elerarewane eee mammen ent eneRe em eenmaK een auemammeemameaanemaneuteeetmMeEEEReameEea me peecamente wean eemmammemameeenet VISA SIGNATURE ACCOUNT NUMBER: 000K 2000 2000 8537 FLAGSHIP rewarps Page 1 of 4 ACCESS NUMBER mz SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION QUESTIONS Previous Balance $15,203.52 New Balance $15,203.52 Credit Card Services Payments -$0.00 Minimum Payment Due $1,988 99 1-888-842-6328 Other Credits -$0.00 Payment Due Date 03/24/2024 Send Billing Inquiries To: Purchases +$0.00 Late Payment Warning: If we do not receive your Navy Federal Credit Union Cash Advances +$0.00 minimum payment by the date listed above, you may P.O. Box 3501 Fees Charged +$0.00 have to pay a $20.00 late fee and your APRs may be Merrifield VA 22119-3501 increased up to the Penalty APR of 18.00%. Interest Charged +$0.00 Minimum Payment Warning: If you make only the Send Payments To: New Balance ~ $15,203.52 minimum payment each period, you will pay more in Navy Federal P.O. Box 3500 Past Due Amount $1,835.90 interest and it will take you longer to pay off your Merrifield VA 22119-3500 Over Limit Amount $203.52 balance. For example: Credit Limit $0.00 Hf you make no To view your account Available Credit NONE ladditional charges Youthe willbalance pay off | And you will end online visit navyfederal.org. using this card up paying an Cash Limit $0.00 and each month shown on this estimated Available Cash $0.00 you pay statement in total of... Statement Closing Date 02/27/2024 about... (Only the minimum 28 years $34,557 Days in Billing Cycle 31 payment If you would like information about credit counseling services, call 1-688-503-7106 or visit https://www justice. gov/ust/list-credit-counseling-a gencies-approved-pursuant-11-usc-111. IMPORTANT NOTICES |OTICE™ WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO THE CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. REWARD POINT SUMMARY Start Balance Earned Bonus Redeemed Adjusted Purged End Balance oO oO ° 0 | 0 O oO Total Rewards Earned Year to Date: Redemptions are not permitted on closed or delinquent accounts.a a CREDIT CARD CHANGE OF ADDRESSAccess NO. CREDIT CARD NO. 8637RANK/RATE NAME(FIRST MI LAST SUFFIX)NEW ADDRESScity STATE ZIP CODEAPPLICANT OR CO-APPLICANT SIGNATURE EMAIL ADDRESSTIS ADDRESS Cl ANGE IS APPLICADLE TO: CLL PIIONC Vist {) Mastercard American Express:{_]ALL APPLICANT'S NFCU ACCOUNTS OTHER CONTACT NO. |_| HOME LJoOTHER{_] JOINT OWNER(S) - IF NFCU SAVINGS IS A JOINT ACCOUNT (I you provide a cell phone number, Navy Federal nas your permission to place automated non-marketing calls and text messages to that number. Message and data rales may apply.) 27 Pax 2c4 Information About Your Visa® Account Important Telephone Numbers For Navy Federal® Credit Card Services Bil ing Rights Summiai What to Do if You Think You Find a Mistake on Your Statemert For Credit Card Services and Last Cards, call toll-free « 1-888-842-6328 Tf you think there is an error on your statement, write to us at: Collect internationally. ....+++ : + 1-703-255-8837 For tall free numbers when averseas. niavyfederal.arg/averseas/ Navy Federal Credit Union Emergency Assistance . «+++ + » A-800-VISAS11 P.O, Box 3501 Emergency Assistance (from overseas, call ‘collect) + 1-410-581-9994 Merrifield, VA 22119 You may also contact us electronically through Online Banking at navyfederal.org. Variable Rate Information: Your Standard APR will vary based on the U.S. Prime Rate, Tn your letter, give us the following information: This means your APR could increase if the U.S. Prime Rate increases or decrease if the U.S, Prime Rate decreases, An increase or decrease in your APR will affect the total ® Account information: Your name and account number amount of interest you pay. Your APR is adjusted monthly on the first business day of the Dollar amount: The dollar amount of the suspected error month; it is determined by adding a Margin to the U.S. Prime Rate published in the Wal/ ® Description of problem: If you think there is an error on your bill, describe what you Street Journa/n the first day of the previous mortth. Your Margin is 2 percentage amount believe is wrong and why you believe it is a mistake. ‘that we determine based on an evaluation of your credit history. ‘You must contact us within 60 cays after the error appeared on your statement. Payments: Payments may be made by rail, electronic transfer, or at 2 branch in person. You must notify us of any potential errors /n writing or electronically. You may calll us, but All payments must be mace in U.S, dollars. Payments you mail must be addressed to Navy Fecieral, P.O. Box 3500, Merrifield, VA 22119-3500. Payments we receive by mail at this if you do, we are not required to investigate any potential errors, and you may have to pay the ammount in question. address by 5:00 pm ET will be credited the same day, In some cases, lable credit may be delayed until the payment is verified. Mailed payments te your credit card account may ‘While we investigate whether or not there has been an error, the following are true: not be commingled with funds designated for creditto cther Navy Federal accounts. We ® We cannot try to collect the amount in question or report you as delinquent on that will accept late or partial payments without forfeiting any of Navy Federal's rights under amount. this Agreement. Payments that are marked "paid in full" and that are of an amount less © The charge in question may remain on your statement, and we may continue to charge than the balance on the credit card account, or that are marked with any other restrictive you interest on that amount. But, if we deterrrine that we made a mistake, you will not endorsem*nts, should be sent to P.O, Box 3501, Merrifield, VA 22119, Attn. Credit Card have to pay the amount in question or any interest or ather fees related to that Division. amount, Transactions Made in Foreign Currency: All Visa purchases and cash advances will * While you do not have to pay the amount in question, you are responsible for the be billed to yau in U.S. dollars, The rate of exchange used for processing intemational remainder of your balance. transactions is a rate selected by Visa from the range of rates available in wholesale ® We can apply any unpaid amount against your crecit lirit. currency markets for the applicable central processing date, which rate rray vary from the Your Rights if You Are Dissatisfied With Your Credit Card Purchases rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. If you are clissatisfied with the goods or services that you have purchased with your credit card, and you have tried in goad faith to correct the problem with the merchant, you may Paying Interest: Your due date is at least 25 days after the close of each billing cycle. have the right not to pay the remaining amount due on the purchase. ‘We will net charge you interest on purchases if you pay your entire balance by the due date each month, We will begin charging interest on cash advances, balance transfers, To use this right, all of the following must be true: and convenience checks on the transaction date. 1. The purchase must have been made in your home state or within 100 miles of your ATM Cash Advance Fee None if performed at a Navy Federal branch or ATM. current railing address, and the purchase price must have been more than $50, Ctherwise $0.50 per dorrestic transaction or $1.00 per overseas transaction. If you use (Nate: Neither of these is necessary if your purchase was based on an advertiserrent your card at an ATM not operated by Navy Federal, you may be charged an ATM fee by we mailed to you, or if we own the company that sold you the goods or services.) the owner of the . 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not How We Determine The Amount Of Interest Charges: Navy Federal calculates interest charges cn your account by applying the periodic rate to the “average daily 3 You must not yet have fully paid for the purchase. balance” of your account, including current transactions. To get the “average daily If all of the criteria above are met and you are still dissatisfied with the purchase, contact balance”, we take the beginning balance of your account each day, add new purchases and cash advances, and subtract any payments, credits, and unpaid interest charges to us /n writing or electronically at: give us the daily balance, Then, we add up all of the daily balances for the billing cycle Navy Federal Credit Union and divide the total by the number of days in the billing cycle. This gives us the “average P.O. Box 3501 daily balance.” You can find your "average daily balance” for each billing cycle in the Mertifield, VA 22119 “Balance Subject to Interest Rate" column of your statement, ‘You may also contact us electronically through Online Banking at navyfederal.org. Payment Allocation: In general, we will apply your minimum paymentto the overlimit While we investigate, the same rules apply to the disputed amount as discussed above. amount (if ary), interest, and fees first before applying it to principal balances. If your After we finish our investigation, we will tell you our decision, At that point, if we think account has balances with different APRs, we will apply the mininrum payment firstto the you owe an amount and you do not pay, we may report you as delinquent. balance with the lowest APR before balances with higher APRs. Any payment amount in of the minimum payment will be allocated to the balance with the highest APR and any remaining portion to the other balances in descending order based on APR. € 2C17 Newy Federal NFCL S7AV (12-17)FEDERALCredit Union VISA SIGNATURE FLAGSHIP REWARDS 8837 Page Sof 4 Rewards Details Rewards for Feb 2024 Rewards Points Travel 3X 0 All Other Purchases 2X 0 Total This Period 0 2024 TOTALS YEAR-TO-DATE Total Fees charged in 2024 $0.00 Total Interest charged in 2024 $0.00 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Balance Subject to Type of Balance (APR) Interest Rate Interest Charge Purchases 18.00% $0.00 $0.00 Bal Trf/Conv Chk* 18.00% $0.00 $0.00 Cash Advances 18.00% $0.00 $0.00 * Bal Trf/Conv Chk = Balance Transfer or Convenience Check. There is no grace period to avoid interest. Interest is assessed from the transaction date to the date the amount is paid in full.VISA SIGNATUREFLAGSHIP REWARDS 8537 Page 4of 4Navy Federal Credit Union® Credit Card Pricing Terms The Credit Card Pricing Terms is part of your Credit Card Agreement and Disclosure. Itprovides cost, fee, and other important information about your account. Interest Rates and Interest Charges ‘Annual Percentage Rate (APR) for Purchases, Balance Transfers, and Convenience Checks Platinum 7.49% to 18.00% nRewards® Secured 10.49% to 18.00% GO REWARDS 10,49% to 18,00% cashRewards? 11.15% to 18.00% Navy Federal More Rewards American Express® Card 11.15% to 18.00% Visa Signature® Flagship Rewards 11.49% to 18.00% This APR will vary with the market based on the U.S. Prime Rate. Cash Advance APR ‘2% abone your variable APR, This APR will vary with the market based on the U.S, Prime Rate, Penalty APR and When It Applies 18.0% This APR may apply to your account if you: * are over 60 days past due or + make a payment that is returned and causes your account to be over 60 days past due How long will the Penalty APR apply? If your APRs are increased for either of these reasons, the Penalty APR will apply until you make six consecutive minimum payments when due Paying Interest Your due date is at least 25 days after the clase of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the cue ate each month, We will begin charging interest on Cash Advances, Balance Transfers, and Convenience Checks on the transaction date, Minimum Interest Charge None For Credit Card Tips From the Consumer Financial Protection Bureau To leam more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore. Fees Annual Fees * nRewards Secured, Platinum, cashRewards, GO REWARDS, * None Navy Federal More Rewards American Express® Card + Visa Signature Flagship Rewards* ° $49 Transaction Fees © ATM Cash Advance None if performed al a Navy Federal branch or ATM, Otherwise, $0.50 per domestic transaction or $1.00 per overseas transaction + Foreign Transaction None Penalty Fees Late Payment* * Up to $20.00 Retumed Payment * Up to $20.00 How We Will Calculate Your Balance: We use a method called “average daly balance (including new transactions.” See your account agreement for more detals Loss of Introductory APR: You may lose your Introductory APR if the Penalty APR applies to your account, Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is proved in your account agreement. Variable Rate Information: Your Standard APR will vary based on the U.S, Prime Rate, This means your APR could increase if the U S. Prime Rate increases or decrease if the U.S. Prime Rate decreases, An increase or decrease in your APR will affect the total amount of interest you pay. Your APR is adjusted monthly on the first business day of the month; it's determined by adding a Margin to the USS. Prime Rate published in the Wall Street Journal on the frst day ofthe previous month, Your Margin is a percentage amauint that we determine based on an evalvation of your credit history, Your Margin will range from 2.74% to 14,74% based on product type, * GO REWARDS Cards: I your credit line is $5,000 or greater, you will receive a Visa Signature GO REWARDS Card or a GO REWARDS World Mastercard®. The benefits for Visa® GO REWARDS or GO REWARDS Mastercard accounts differ from those for Visa Signature GO REWARDS and GO REWARDS World Mastercard accounts. * cashRewards Cards: If you have an account with a credit line of less than $5,000, you received a Visa cashRewards Card. if your credit line is $5,000 or greater, you received a Visa Signature cashRewards Card. The benefits for Visa cashRewards accounts differ from those for Visa Signature cashRewards accounts. + Annual Fees: Ifyou have been issued! a Visa Signature Flagship Rewards Card, you wil be iled the annual membership fee. This charge will appear on your first statement and annually thereafter. Only ane fee willbe charged to your account regardless of the number of cards issued on the account. ‘Late Payment Fee: You will be required to pay alate payment fee of up to $20.00 ityou do not pay atleast the minimum payment by the payment due date on your statement, Navy Federal may also assess the late payment fee every month thereafter that you are past due, Other Fee: Returned convenience check fee—$20,00, The Nawy Federal More Rewards American Express® Card i issued and administered by Navy Fecieral Credit Union. American Express isa federally registered service mark of ‘American Express and is used by the issuer pursuant to a license.(© 2018 Navy Federal NFOU 578CC (6-18) page 1 of 3‘Your Agreement With Us. This Cott Cad Agreamentand Disclosure (“Agrooment} is your contract th us. PF.or purchases, balance transfers, and convenionce checks wil ba 13.00% APR (4.00% U.S. Prime Rale+ he Greit Card Pricing Terms is partof this Agreement and provides cost, ee, and other important infomaton 9.00% Margin 3.00% APR]. Your APR for cash advances wl be 15.00% APR (4.00% US. Prime Rate + about your account, Provisions of hi Agreement are seveabk. It any provision ofthis Agreement i helt by 2 9.00% Margin + 2.00% cash advance ace rate = 15,00% APR) court of be invald or unenforceable, the rest ofthis Agreement wil not be afected, Virginia lw willbe Promotional APRs. If your accounts eligi for one or more ineoductry promotcnal ARS, the Credit Card Use to inter his Agreement unless federal aw apo. Pring Terms sets forth the APR amount, ts curation andth e comesponding Standord APR and cash avers APR. ‘As used inthis Agreement, the word "you" means each and every person signing, using, or having a red card ‘applicable to your account tte tm iis opened 2 promotional ate offered ater your ancounts ooened, the saocount wth Navy Federal Credit Uion, referred to as “we ‘or "Navy Federal” ‘ems agplcehe otha! promotonal APA willbe provided a thattime Mer the promctional APR exes, the remaining Pease rea alt this Agreement carefully and Keep ifr your records, By using your erect card aooount, you babs incaed under te promo wil be sbjectn your Sanda APR cas atance APR, a apna, agreeto al the tems ofthis Agreement 4, Penalty APR I yu do not make your minimum payment by the due date and your aocou over 60 days 1. Contacting Us. All correspondence to us relating to this Agreement shouldbe adckessed to Navy Federal account vast due or you make a payment that i retumed and causes your aocounto be ver 60 days past de, your wil be subject tothe Penalty APR. Credit Union, PO Box 3501, Merifeld, VA 2119-360". You may also contac us elctronicaly through online ‘outstanding balances on your account, including thase with Promotional The Penalty APR wil be apaled to any and all ansactions and barkingat navyfederal.org orca us tl-roe inthe US, at 1-888-842-6328, For tal-tree numbers when atleast 25 days aftr your account bocomes sect ot APRs. The Penalty APR wil be effective overseas, visit navyfederalorg. Use 1-703-255-8837fr colectintematonal cals. formation concerning Navy Federal cet cats may be obtained at navyfederaL.org, How We Calculate Your Interest Charges, To calculate your interest charges, Navy Federal uses your 2. Cardholder Signature, Your card is nol valid unless iis signed, Sign the back patio rate, which is determined by dvding your APR by 12. Navy Federal then calutes monthly intrest of your cad immediately charges upon its recep. on your account by aoplyin the period rate tothe average dal balence of your account, including current transactions. T atthe average daily balance, we tke the beginning balance of your account 3. Your Credit Limit and the Maximum Amount You Owe Navy Federal. The maximum amount you each dey, adel any purchases and cash advances, and subtractany payments, credits, and unpatd interest may owe us at anytime isthe amount of your assigned crest limit lus any ovectmit armour, You may not charges. The resulting totals the dally balance. We then act together alte daily alances forthe bling cycle Use your cardi you owe us more than your credit Init you exceed your eed Ii for any reason, you must ‘and vie the toa by the numberof days inthe ling cyte, Ths amounts your average daily balance, pay this amount immeciately, You may apoly for an increaseto your credit iit trough our mobile app, online 9, Lost or Stolen Cards, Account Numbers, or Checks. Labi for Unauthorized Use, I you natoe at navyfederal.org, by telephone or by maiing @ come) redt card aopcation form ous. (Referto the Contacting Us soctin af tis Agreement) A request fractional cet may inv a cect bureau inguiy to boss o theft of your cr rd o possible unauthorized use of your card account, you shoud vite tousor cal reew your consumer crt report, We reserve the ght to determine your cect andor cash Ine and may ‘Youus immediately atthe adress or telephone number includ in the Contacting US on ofthis Agreement, inorease or reste it at any te, required by fw, inclng in some cic*mstances were we decrease your aocountmay thatago arecontact us on the web at navyfederal.org You wil tbe resooniblfr charges made to your found by us to be uneuthorzed, credit it, we wil give you notice of changesto your cect ft, 4, Promise to Pay. You agre to pay us the amount of ell purchases and cash advances tat you, your jin to10,consumer Consumer Reporting Agencies. Navy Federal may repr information about your ere card account cardhelder, and authorized user(s) make using your crcit car or any other access device. You agree to pay the ralet in yourreporting agencies. Lle payments, missed payments, or oher defauts on your account may be eredit report. Information may be reported in your rame and your Authorized Users’ names, toll o any interest charges and aher charges or fees due on your aocaunl. The jantcardholir also promises { any. We may also to pay al amounts owed tous, you alow another personto us your ced card, you are responsfor paying Reporting At, includingaczess your consumer port for any permissible purpose under the Fair Crect periodic reviews of your credtwerthiness, colectons, and futue cre ine increases for their purchases and cash advances, or decreases, and to csplay your ret score within your online bankng anc mobile access, 5, For purposes of ths section ou" doesnot mean Authorized Uses of creit card accounts, 111 Default, Penalty APR, Information Needed to Cure Default, Closing or Suspending Your Account, a Security Interest Specific for Credit Cards. You acknowledge and pledge, specifically as a 2. Default. We may require immertat repayment of your total account balance, tothe extent allowed by a, condition of your use of the creit card, that you have voluntarily granted Navy Federal a if any of he folowing default events cur security interestinallof your individual and joint share accountsat Navy Federal. Ifyour credit card loan becomes delinquent, this security interest may be used without further notice to + You volt any tems of tis Agreement pay all or part of such delinquency, This security interest does not apply to shares in an + You do not pay the amount due as liste on your monthly statement Individual Retirement Account (RA). by Statutory Lie , You ackrowledge and pledge to Navy Federala statutory fon in your shares and digends * Youhave rc ened payment tal causes your account tobe delinquent on depot in al ont and individual acounts and any maries heli by Navy Federal now and inthe future, to + You defeuk under anoer acount agreement you have wth us ‘he extent of any ban made andl any charges payable, The statutory Fen does not apply to shares in any AA, + You fle benkrustzy, or some other nsolency proceeding is lec by or aganst you ©. Additional Security Interest. You acknowledge and pleige to Navy Feral a secur inte the collateral securing loans that you have with Navy Federal now and in the future, including any tye of change * You are declared incompetent, mental incapacitated or inthe event of your death or increase, and any proceeds from the sale of such coatral and of insurance thereon, not to exceed the Ne determine tha thre has bean a substantial averse impactcn your ity to repay the bance on this aocout; Unpaid balance ofthe fan, This security interes in colatral securing other bans does at apply to oars} on * We determine that you have engaged in suspicious, rauduet, legal, dishonest, or deceptive acts with your primary residence respect to any of your Navy Fad is; oF 6, Payments. * Ifthe ammount of deposted funds heldas security on your share secured cad ff you rave on) is insufficient. a. Payment Instructions. Paymonis maybe made by al, by electonic tansfr, oat abranch in person, All we require immediate repayment payments must be made in U.S, dolar. Payments you mailmust ve addressed to Navy Federal PO Box 3600, tfreaig of your total account balance, we may also dacre due and payable al costs Memfld, VA 22119-3500. Payments we reve ty mal at this acess by 6:00 pm wl crested the same ‘expanses,to heand colton attomey fs. of your account, ncudng, but not ited to, unassessedintrest charges, court cass, day. In some cases, avalble cect may be delayed unt the payment i ver. Mail payments to your crit cat accoun ay not be commingled with funds designated for credit to other Navy Federal accounts, We vi ', Penalty APR. You may have a Penalty APR appled to your aooount under certain circ*mstances. anceot ale arial payments without freting any of Navy Federals righ

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Ruling

FORWARDLINE FINANCIAL, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS FRANCISCO TORRES, AN INDIVIDUAL AND SOLE PROPRIETOR OF CAMARILLO DISCOUNT CENTER, ET AL.

Sep 06, 2024 |23BBCV01574

Case Number: 23BBCV01574 Hearing Date: September 6, 2024 Dept: NCB Superior Court of California County of Los Angeles North Central District Department B forwardline financial, llc, Plaintiff, v. francisco torres, an individual and sole proprietor of CAMARILLO DISCOUNT CENTER, et al., Defendants. Case No.: 23BBCV01574 Hearing Date: September 6, 2024 [TENTATIVE] order RE: motion for summary judgment BACKGROUND A. Allegations Plaintiff Forwardline Financial, LLC (Plaintiff) alleges that within the past 4 years of filing the action, Defendants Francisco Torres, an individual and sole proprietor of Camarillo Discount Center; Frank Torres, Inc.; and Francisco Torres, an individual (collectively, Defendants) became indebted to Plaintiff on the debt in the amount of $113,054.50 for a balance due on an open book account for services rendered by Plaintiff to Defendants. Plaintiff alleges that the debt has not been paid and that the debt, including interest at a rate of 10% per annum since the due date of December 21, 20223, is now due and owing. Plaintiff also alleges that on November 7, 2022, Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet, received a loan from Plaintiff pursuant to a Loan and Security Agreement in the amount of $45,576.09, but Defendant failed to fulfill its obligations and breached the agreement such that $55,127.16 is due and owing. (Compl., ¶¶26-30.) Plaintiff alleges that on November 23, 2022, Frank Torres, Inc. received a loan from Plaintiff pursuant to a Loan and Security Agreement in the amount of $44,611.14, but Defendant failed to fulfill its obligations and breached the agreement such that $57,927.34 is due and owing. (Id., ¶¶26-30.) Plaintiff also alleges that on November 7, 2022, Francisco Torres executed a Personal Guarantee whereby if Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet, defaulted on the loan, Francisco Torres would be personally responsible to Plaintiff and the outstanding debt amount is $113,054.50. (Compl., ¶¶33-39.) The complaint, filed July 12, 2023, alleges causes of action for: (1) open book account against all Defendants; (2) account stated against all Defendants; (3) reasonable value against all Defendants; (4) money lent against all Defendants; (5) breach of written contract against Francisco Torres, an individual and sole proprietor of Camarillo Discount Center; (6) breach of written contract against Frank Torres, Inc.; and (7) breach of written guarantee against Francisco Torres, an individual. B. Motion on Calendar On March 29, 2024, Plaintiff filed a motion for summary judgment against Defendants. On August 23, 2024, Defendants filed an opposition brief. On August 29, 2024, Plaintiff filed a reply brief. DISCUSSION Plaintiff moves for summary judgment on the complaint against Defendants. The notice of the motion seeks only summary judgment, though the memorandum of points and authorities includes law regarding summary judgment and summary adjudication, and the separate statement is separated into four Issues. As the notice of motion only includes a request for summary judgment, the Court will treat this motion as a motion for summary judgment and not as a motion for summary adjudication in the alternative. A. 1st, 2nd, 3rd, and 4th causes of action for common counts The 1st cause of action is for open book account. A book account is a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith .... (Professional Collection Consultants v. Lujan (2018) 23 Cal.App.5th 685, 690691.) The creditor must keep these records in the regular course of its business and in a reasonably permanent form, such as a book or card file. (Code Civ. Proc., § 337a.) A book account is open where a balance remains due on the account. (Id. at 691.) The elements of a cause of action in common count includes: (1) the statement of indebtedness in a certain sum; (2) the consideration, i.e., goods sold, work done, money loaned; and (3) nonpayment. (Allen v. Powell (1967) 248 Cal.App.2d 502, 510.) The 2nd cause of action is for account stated. The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.) The 3rd cause of action is for reasonable value. To recover on a claim for the reasonable value of services under a quantum meruit theory, a plaintiff must establish both that he or she was acting pursuant to either an express or implied request for services from the defendant and that the services rendered were intended to and did benefit the defendant. (Ochs v. PacifiCare of California (2004) 115 Cal.App.4th 782, 794.) The 4th cause of action is for money lent. A claim for money lent is one of the common counts. (Rubinstein v. Fakheri (2020) 49 Cal.App.5th 797, 809.) A common count claim broadly applies wherever one person has received money which belongs to another, and which in equity and good conscience, or in other words, in justice and right, should be returned. [Citation.] The claim does not require privity of contract. Although the plaintiff's right to recover under a common count is based on equitable principles, the claim is legal in nature. [Citation.] (Id.) Plaintiff provides the following facts in support of the motion. Plaintiff and Defendant Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet, entered into an open book account arising out of a contract. (Fact 1.) Plaintiff kept an account of the debits and credits involved in the transactions, recorded in a permanent form, which was not objected to. (Fact 2.) Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet, owes Plaintiff money on the account in the amount of $113,054.50, plus costs and attorneys fees. (Fact 3-4.) In opposition, Defendants dispute Facts 1-4, arguing that Plaintiff and Frank Torres, Inc. had an open book account, it objected to the account, and it does not owe money on the account.[1] For Issue 1, Plaintiff relies largely on Exhibits 1 and 2 of the declaration of Jon Blanda, which include Plaintiffs RFA requests and Francisco Torres RFA responses. Torres admitted that on November 23, 2022, he executed a personal guaranty with Plaintiff for an underlying agreement with a loan amount of $44,611.14. (Blanda Exs. 1-2 [RFA Nos. 1-2].) Torres admitted that Frank Torres, Inc. received the loan amount, Plaintiff made a demand on Torres to make payment on January 8, 2023, and Torres did not make payments following January 8, 2023. (RFA Nos. 5, 10, 11.) Torres admits to the authenticity of the Loan and Security Agreement entered between Frank Torres Inc. and Plaintiff, the Account Statement with Frank Torres Inc., and the January 8, 2023 letter Torres received from Plaintiff. (RFA Nos. 14-16 at Exs. 1-3.) The exhibits attached to the RFA requests refer to Frank Torres, Inc. and do not refer to Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet. As such, Plaintiff has not established its initial burden showing that Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet had an open book account with Plaintiff. It is Plaintiffs burden to follow the rules under CCP § 437c when bringing a motion for summary judgment, including providing a separate statement that plainly and concisely provides all material facts that it contends are undisputed followed with references to supporting evidence. (CCP § 437c(b)(1).) CCP § 437c is a complicated statute and there is little flexibility in the procedural imperatives of the section and, as a result, section 437c is unforgiving. (Hawkins v. Wilton (2006) 144 Cal. App. 4th 936, 949-950.) A failure to comply with any one of its myriad requirements is likely to be fatal to the offending party. (Id.) The success or failure of the motion must be determined by application of the required step-by-step evaluation of the moving and opposing papers. (Id.) Because of the drastic nature of the remedy sought, the moving party is held to strict compliance with the procedural requisites. (Id.) Here, Plaintiff has not supported its Facts 1-4 with evidence regarding Camarillo Discount Outlet; rather, the evidence references Frank Torres, Inc. Thus, as pointed out by Defendants in their opposition separate statement, there are disputed material facts regarding Facts 1-4. This is a ground to deny the motion in its entirety. (As noted above, Plaintiff only moved for summary judgment and did not move for summary adjudication.) For Issue 2, Plaintiff also provides the following facts: Plaintiff and Defendant Frank Torres, Inc. entered into an open book account arising out of a contract. (Fact 5.) Plaintiff kept an account of the debits and credits involved in the transactions, recorded in a permanent form, which was not objected to. (Fact 6.) Frank Torres, Inc. owes Plaintiff money on the account in the amount of $113,054.50, plus costs and attorneys fees. (Fact 7-8.) Facts 5-8 rely on Mr. Blandas Exhibits 1 and 2, similar to the above. In contrast to Facts 1-4, Defendant does not dispute Facts 5-8, as they refer to Frank Torres, Inc. However, Defendants lack of dispute as to Facts 5-8 is not sufficient for the motion for summary judgment to be granted as to the entirety of the complaint. The 1st to 4th causes of action are alleged against all Defendants and Plaintiff has not established that it is entitled to summary judgment on the 1st to 4th causes of action as to all Defendants. As such, the motion for summary judgment is denied in its entirety. CONCLUSION AND ORDER Plaintiff Forwardline Financial, LLCs motion for summary judgment is denied. Plaintiff shall provide notice of this order. DATED: September 6, 2024 ___________________________ John J. Kralik Judge of the Superior Court [1] The Court notes that the material facts presented by Plaintiff in its separate statement are sparse. Plaintiffs separate statement refers to Defendant generally without specification (which the Court assumes Defendants mean Defendant Francisco Torres, individually and as sole proprietor of Camarillo Discount Outlet for the purposes of Facts 1-4). The facts are also mere iterations of the elements of the claim without specificity. For example, with respect to the breach of contract claims, Plaintiffs facts include: (10) and (14) Plaintiff performance or excuse for nonperformance; (11) and (15) include Defendants Breach; and (12) and (16) include Due to Defendants breach, Plaintiff suffered damages as a result. However, these facts lack actual supporting facts regarding how Plaintiff performed or was excused from nonperformance, how Defendant (general) breached (which agreement?), and how Plaintiff suffered damages (in what amount?). While Plaintiff cites to some evidence, the citations are to whole exhibits without specification of pages, discovery request numbers, etc. (e.g., Fact references Exhibits 1-2 of the Blanda Declaration and Exhibits 1-7 to the Adams Declaration without specification).

Ruling

NORTHERN CALIFORNIA COLLECTION SERVICE, INC. VS VALLEY VIEW CONGREGATE LIVING INC, A CALIFORNIA CORPORATION

Sep 06, 2024 |23BBCV02414

Case Number: 23BBCV02414 Hearing Date: September 6, 2024 Dept: NCB Superior Court of California County of Los Angeles North Central District Department B northern california collection service, inc., Plaintiff, v. valley view congregate living inC. dba valley view congregate living, inc., Defendant. Case No.: 23BBCV02414 Hearing Date: September 6, 2024 [TENTATIVE] order RE: motion for summary adjudication BACKGROUND A. Allegations Plaintiff Northern California Collection Service, Inc. (Plaintiff) alleges that within the last 4 years, Defendant Valley View Congregate Living Inc., a California Corporation, dba Valley View Congregate Living, Inc. (Defendant) became indebted to Plaintiffs assignor, State Compensation Insurance Fund, upon an open book account for insurance premiums from the period of May 30, 2019 to January 15, 2021 for Policy No. 9254966 in the sum of $28,381.96 principal, and interest from April 20, 2021 to the entry of judgment at the rate of 10% per annum (or $7.77 per day). Plaintiff alleges that no part of the sum has been paid. Plaintiff alleges that prior to the commencement of the action, Plaintiffs assignor assigned the right, title, and interest in and to the amount for collection purposes. The complaint, filed October 17, 2023, alleges causes of action for: (1) open book account; and (2) account stated. B. Motion on Calendar On May 10, 2024, Plaintiff filed a motion for summary adjudication on its two causes of action against Defendant: · Issue 1: Plaintiff is entitled to judgment because it proved each element of the 1st cause of action on an open book account; and · Issue 2: Plaintiff is entitled to judgment because it proved each element of the 2nd cause of action on an account stated. The Court is not in receipt of an opposition brief. REQUEST FOR JUDICIAL NOTICE Plaintiff requests judicial notice that: (1) Plaintiffs complaint was filed on October 17, 2023 (Exhibit 12); (2) Defendants answer was filed on December 11, 2023 (Exhibit 13); (3) Plaintiffs motion to deem matters admitted was filed on March 18, 2024 (Exhibit 14); (4) Plaintiffs motion to deem documents genuine was filed on March 18, 2024 (Exhibit 15); and (5) the order granting the two motion was issued on April 26, 2024 (Exhibit 16). The request is granted. (Evid. Code, § 452(d).) DISCUSSION Plaintiff moves for summary adjudication on the two causes of action alleged in its complaint against Defendant and seeks judgment as a matter of law. In support of the motion, Plaintiff provides the following facts. State Compensation Insurance Fund (SCIF) provided workers compensation insurance to Defendant during the period May 30, 2019 to January 15, 2021. (Fact 1, 14.) Defendant paid SCIF an initial deposit premium. (Fact 2.) During the coverage period of May 30, 2019 to May 30, 2020, Defendants payments and credits totaled $34.59, and SCIF sent Defendant a premium bill for $25,460.42; however, Defendant made no payments on the bill. (Fact 3-5, 15-16.) During the coverage period of May 30, 2020 to May 30, 2021, Defendants coverage renewed. (Fact 6.) On December 7, 2020, Defendant made its last payment to SCIF. (Fact 7.) On January 15, 2021, at Defendants request, the coverage was canceled. (Fact 8.) During the coverage period of May 30, 2020 to January 15, 2021, Defendants payments and credits totaled $4,886.19, and SCIF sent Defendant a premium bill for $3,683.79; however, Defendant made no payments on the bill. (Fact 9-11, 17.) SCIF assigned the 2 bills to Plaintiff for collection, but Defendant has paid no monies to Plaintiff. (Fact 12-13, 22-23.) Defendant did not request reconsideration or review regarding the classifications, ratings, the audit, or either of the bills to SCIFs Customer Assistance Program. (Fact 19.) Defendant did not file any complaint or request for action, or for reconsideration regarding the ratings, classifications, the audit, or the 2 premium bills to the Workers Compensation Insurance Rating Bureau. (Fact 20.) Defendant did not file any appeal regarding the ratings, classification, the audit, or either of the 2 premium bills to the Insurance Commissioner. (Fact 21.) The 1st cause of action is for open book account. A book account is a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith .... (Professional Collection Consultants v. Lujan (2018) 23 Cal.App.5th 685, 690691.) The creditor must keep these records in the regular course of its business and in a reasonably permanent form, such as a book or card file. (Code Civ. Proc., § 337a.) A book account is open where a balance remains due on the account. (Id. at 691.) The elements of a cause of action in common count includes: (1) the statement of indebtedness in a certain sum; (2) the consideration, i.e., goods sold, work done, money loaned; and (3) nonpayment. (Allen v. Powell (1967) 248 Cal.App.2d 502, 510.) For the open book account cause of action, Plaintiff has shown that there is a statement of indebtedness as to a certain sum for the coverage period of May 30, 2019 to May 30, 2020 ($25,460.42) and for the coverage period of May 30, 2020 to January 15, 2021 ($3,683.79). (Mot., Ex. 5 [Premium Bill], Ex. 8 [Premium Bill].) As indicated above, Defendant obtained the benefit of workers compensation insurance during the insurance coverage period from May 30, 2019 to January 15, 2021, until Defendant requested that its coverage be canceled. (Mot., Exs. 2-5, 6-7 [Insurance documents], Alexis Innis Decl., ¶22.) Although Defendant was sent the premium bills, Defendant did not make payments. (Innis Decl., ¶¶17, 25.) Thus, Plaintiff has established its initial burden in its motion for summary adjudication on the 1st cause of action. The 2nd cause of action is for account stated. The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.) For the account stated cause of action, Plaintiff has shown that it was assigned the 2 bills from SCIF for collection purposes. (Mot., Ex. 9 [Assignment], Ex. 11 [Notice of Assignment]; Innis Decl., ¶28.) The policy contemplated that in return for Defendants payments on the premium and subject to the terms and conditions of the policy, SCIF would provide workers compensation and employers liability insurance. (See Mot., Ex. 2 [Policy at p. 1].) Plaintiff has provided evidence showing that although bills were sent for the policy periods, Defendant failed to make payment. Thus, Plaintiff has established its initial burden in its motion for summary adjudication on the 2nd cause of action. As such, the burden shifts to Defendant to raise a triable issue of material fact. The motion is unopposed such that Defendant has not raised opposing evidence or a triable issue of material fact. Thus, the motion for summary adjudication is granted. CONCLUSION AND ORDER Plaintiff Northern California Collection Service, Inc.s motion for summary adjudication on the 1st and 2nd causes of action is granted. Plaintiff is ordered to lodge with the Court and serve on Defendant a proposed judgment within ten (10) days and to provide notice of this order. Plaintiff shall provide notice of this order. DATED: September 6, 2024 ___________________________ John J. Kralik Judge of the Superior Court

Ruling

WELLS FARGO BANK, N.A. vs Vincent Servidio, an individual

Sep 05, 2024 |24CV00628

24CV00628WELLS FARGO BANK v. SERVIDIO (UNOPPOSED) PLAINTIFF’S MOTION FOR ORDER DEEMING TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSION, SET ONE Plaintiff’s unopposed motion is granted. The Court deems admitted all matters specifiedin the requests for admission, set one. (Code Civ. Procedure section 2033.280, subd. (b).) Thiswill be the order of the Court unless defendant serves, before the hearing on the motion, aproposed response to the requests for admissions that is in substantial compliance with Code ofCivil Procedure section 2033.220.Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal orderincorporating, verbatim, the language of any tentative ruling – or attaching and incorporating thetentative by reference - or an order consistent with the announced ruling of the Court, inaccordance with California Rule of Court 3.1312. Such proposed order is required even if theprevailing party submitted a proposed order prior to the hearing (unless the tentative issimply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition ofsanctions following an order to show cause hearing, if a proposed order is not timely filed.

Ruling

Creditors Adjustment Bureau, Inc., vs. Castro

Sep 06, 2024 |23CVG-00362

CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTROCase Number: 23CVG-00362Tentative Ruling on Motion for Order that Matters be Deemed Admitted: The present motion is unopposed.Plaintiff Creditors Adjustment Bureau, Inc. seeks to have the matters contained in its Request for Admissions,Set One served on Defendant Vincent Castro deemed admitted.Code of Civil Procedure section 2033.280 which provides in pertinent part, “If a party to whom requests foradmissions are directed fails to serve a timely response, the following rules apply, (a) The party to whom therequest for admissions are directed waives any objection to the requests including one based on privilege or onthe protection of work product . . . (b) the requesting party may move for an order that the genuineness of anydocuments and the truth of any matters specified in the requests be deemed admitted. . . .” The Court shall makethis order unless responses are served prior to the hearing on the motion and the responses are in substantialcompliance with Section 2033.100. CCP § 2033.280(c).Plaintiff served Request for Admissions, Set One on June 10, 2024. Plaintiff never received any response, timelyor otherwise. Based on these verified statements in the declaration, Plaintiff has established that the Request forAdmissions was served and that Defendant never answered. Due to the complete lack of response, the matterswill be deemed admitted.Finally, Plaintiff requests monetary sanctions in the amount of $1,573.75. Sanctions are generally mandatoryrelated to a motion to deem matters admitted. CCP § 2033.280(c). The present motion is unopposed and thereforethere is no evidence of any justification or circ*mstance that would make the imposition of sanctions unwarranted.Sanctions are warranted and will be rewarded. Plaintiff requests an hourly rate of $500 per hour. The Court findsthat the reasonable hourly rate is $300 per hour. The Court finds the requested three hours per motion to bereasonable. Plaintiff also requests the motion filing fee of $60 and an e-filing fee of $13.75. The Court will awardthe motion filing fee but denies the e-filing fee since this Court does not have e-filing. Sanctions are imposed inthe amount of $960.The motion is GRANTED. A proposed order has been lodged with the Court and will be executed.Review: This matter is also on calendar for review regarding status of discovery and trial re-setting. Anappearance is necessary on today’s calendar to provide the Court with a status and if appropriate to setthe matter for trial.

Ruling

AXOS BANK vs THOMPSON

Sep 07, 2024 |CVSW2310239

MOTION TO BE RELIEVED ASCVSW2310239 AXOS BANK VS THOMPSONCOUNSEL FOR TONYA THOMPSONTentative Ruling: The Motion is GRANTED. Once counsel serves notice of ruling andreturns proof to the court, counsel is relieved.

Ruling

SUNBELT RENTALS, INC. vs SADEGHIAN RENTALS VB LLC

Sep 08, 2024 |CVRI2305622

SUNBELT RENTALS, INC. vs Motion to Reclassify MOTION TOCVRI2305622 SADEGHIAN RENTALS VB RECLASSIFY by SUNBELT RENTALS,LLC INC.Tentative Ruling:This motion is unopposed. Motion to Reclassify is granted in all respects. Proposed order hasbeen signed by the Court.

Ruling

WELLS FARGO BANK, N.A. vs Vincent Servidio, an individual

Sep 07, 2024 |24CV00628

24CV00628WELLS FARGO BANK v. SERVIDIO (UNOPPOSED) PLAINTIFF’S MOTION FOR ORDER DEEMING TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSION, SET ONE Plaintiff’s unopposed motion is granted. The Court deems admitted all matters specifiedin the requests for admission, set one. (Code Civ. Procedure section 2033.280, subd. (b).) Thiswill be the order of the Court unless defendant serves, before the hearing on the motion, aproposed response to the requests for admissions that is in substantial compliance with Code ofCivil Procedure section 2033.220.Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal orderincorporating, verbatim, the language of any tentative ruling – or attaching and incorporating thetentative by reference - or an order consistent with the announced ruling of the Court, inaccordance with California Rule of Court 3.1312. Such proposed order is required even if theprevailing party submitted a proposed order prior to the hearing (unless the tentative issimply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition ofsanctions following an order to show cause hearing, if a proposed order is not timely filed.

Ruling

TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK vs WORSTELL

Sep 05, 2024 |CVSW2201151

TD BANK USA, N.A., AS MOTION TO SET ASIDE DISMISSAL BYSUCCESSOR IN INTEREST TD BANK USA, N.A., AS SUCCESSORCVSW2201151TO TARGET NATIONAL IN INTEREST TO TARGET NATIONALBANK VS WORSTELL BANKTentative Ruling: Motion Unopposed. Motion Granted. Parties entered a stipulationagreement pursuant to CCP 664.6. The Defendant defaulted on the settlement.Defendant will be credit for monies paid. The court will sign the Entry of JudgmentPursuant to Default after Stipulation.

Document

2024MVG02050175 - RIVER HEIGHTS CAPITAL LLC vs. BROWN, HELEN

Sep 01, 2024 |NO, JUDGE |GARNISHMENT |GARNISHMENT |2024MVG02050175

Document

2024CV0057133 - LVNV FUNDING LLC AS ASSIGNEE OF CROSS RIVER BANK vs. VINCENT, DAIMIAN

Sep 01, 2024 |ASHFORD, JASON |Account/Contract/Notes |Account/Contract/Notes |2024CV0057133

Document

2024CV0057131 - AMERICAN EXPRESS NATIONAL BANK vs. HOLT, KAREL

Sep 01, 2024 |ASHFORD, JASON |Account/Contract/Notes |Account/Contract/Notes |2024CV0057131

Document

2024MVG02050067 - MIDLAND FUNDING LLC ASSIGNEE OF SYNCHRONY BANK/WALMART vs. WALKER, SHONTEKA

Sep 01, 2024 |NO, JUDGE |GARNISHMENT |GARNISHMENT |2024MVG02050067

Document

2024CV0057136 - AMERICAN EXPRESS NATIONAL BANK vs. BERRY, LAUREN

Sep 01, 2024 |ASHFORD, JASON |Account/Contract/Notes |Account/Contract/Notes |2024CV0057136

Document

2024CV0057135 - DISCOVER BANK vs. HARRELL, MICHELLE G

Sep 01, 2024 |ASHFORD, JASON |Account/Contract/Notes |Account/Contract/Notes |2024CV0057135

Document

2024CV0057141 - GENESIS RECOVERY SERVICES INC vs. MEADOWS, MONTSE

Sep 01, 2024 |ASHFORD, JASON |Account/Contract/Notes |Account/Contract/Notes |2024CV0057141

Document

2024MVG02050056 - PORTFOLIO RECOVERY ASSOCIATES LLC vs. FELTON, ANGELINA

Sep 01, 2024 |NO, JUDGE |GARNISHMENT |GARNISHMENT |2024MVG02050056

Court Document for 2024CV0057100 - NAVY FEDERAL CREDIT UNION vs. ANDERSON, PHILLIP L August 15, 2024 (2024)
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