ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`03/27/2023
`Clerk of the Court
`BY: ERNALYN BURA
`Deputy Clerk
`
`
`

`

`Oo©~~HDWn&WwWWH
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`with the entries made at or about the time of any such occurrence. I have personally reviewed the
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`firm’s records as they relate to the defendant’s account, and I makethis declaration based upon
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`those records and mypersonal review thereof.
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`4.
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`This declaration is not, nor intended to be, nor should it be construed to be, a waiver
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`of the attorney-client privilege, or attorney work product.
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`5.
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`Afterfiling of this action with the court, the parties entered into a settlement
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`agreement according to CCP 664.6. The terms of that settlement were memorialized in a
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`Settlement Agreement. The settlement agreement wasfiled with the court, a copy of which is
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`attachedhereto and incorporatedherein by this reference as Exhibit “A”.
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`6.
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`The parties agreed that defendantshall pay to plaintiff a total settlement amount of
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`$5,698.81 by 02/26/2023, with monthly payments of $238.00 paid on or before 03/26/2021, and
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`continuing each month thereafter through 01/26/2023, and a final payment of $224.81 on or before
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`02/26/2023. It was further stipulatedas part of the agreementthat in the event that payments were
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`not made pursuantto the schedule set forth in the stipulation, defendant would be in default.
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`7.
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`Defendant has defaulted in the payment agreement, by not making payments
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`according to the terms. Defendantfailed tomake payments for the month of August 2022 and each
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`month thereafter. The last payment was received on 07/26/2022. Plaintiff requested damages of
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`$5,698.81 in its complaint. Declarant acknowledgesa credit in the sum of $4,046.00, reducing the
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`outstanding principal balance to $1,652.81.
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`28
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`Page 2
`DECLARATION OF PLAINTIFF’S COUNSEL IN SUPPORT OF MOTION TO ENTER JUDGEMENT
`PURSUANT TO CCPs 664.6
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`

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`8.
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`Pursuant to the terms of the agreement, Plaintiff sent its notice of default to
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`Defendant, giving Defendant 15 days to cure the default on the settlement agreement. The notice
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`of default was mailed to Defendant or Defendant’s attorney of record on 12/12/2022,located at 42
`| Shepherd Center, 2401 NW 23”Street, Oklahoma City, OK 73107. Attached as Exhibit “B” is a
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`true and correct copy ofthe Notice of Default letter sent to Defendant. Defendantdid not cure the
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`default during those 15 days, nor did defendant tender the outstanding moniesasofthis date.
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`I declare under penalty of perjury that the foregoing is true andcorrect and if sworn as a
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`witness could competentlytestify thereto.
`Executed this Q2 | \b | Ls
`_, at Concord, Contra Costa County, California.
`
`iNET L. BROWN,Esq.
`
`DOUGLAS 8S. WALLACE,Esq.
`Zwicker & Associates, P. C.
`A Law Firm Engaged in Debt Collection
`Attorneys for Plaintiff
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`OownSNDDNAFFWNYFF
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`NNHNDNNORDDerekpad
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`Page 3
`DECLARATION OF PLAINTIFF’S COUNSEL IN SUPPORT OF MOTION TO ENTER JUDGEMENT
`PURSUANTTO CCP s 664.6
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`

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`Exhibit A
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`Exhibit A
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`

`

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`wDbwHOWDHNHODYHNHOwoomeellonNAFRBYNKOOOYDNrHBPWDNYHK&
`
`Zwicker & Associates, P.C,
`Janet L. Brown, State Bar No. 208602
`Jessica M. Garcia, State Bar No. 314298
`William Bellor-Yeh, State Bar No. 331017
`1320 Willow Pass Road
`,
`Suit© 730
`Concord, CA 94520
`Telephone: (925)689-7070
`Facsimile: (925)689-7077
`
`.
`
`.
`
`ELECTRONICALLY
`FILED
`Superior Court of California,
`County of San Francisco
`cl 06/16/2021 t
`Erk
`of
`the
`Vou
`Meocaeene DeputyClerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`
`DISCOVER BANK,
`
`Plaintiff
`
`vs.
`
`LESTER A GOMEZ GOMEZ,
`
`
`
`
`
`Case No. CGC-20-583765
`
`OF
`ENTRY
`FOR
`STIPULATION
`JUDGMENT PENDING PERFORMANCE
`PURSUANT TO CODE OF CIVIL
`PROCEDURE SECTION664.6
`
`
`
`
`
`Defendant.
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`IT IS HEREBY AGREED TO & STIPULATEDbyand between (1) Plaintiff, DISCOVER
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`BANK,(“Plaintiff”); and (2) Defendant LESTER A GOMEZ GOMEZ (“Defendant”), that:
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`1. This matter has been settled. This Stipulation contains the entire agreement between
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`the parties. There are no oral or written agreements or understandings not contained herein. The
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`parties agree that Defendant has fourteen (14) daysto sign and return this stipulation.
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`Additionally, in the event that Defendanthas not already filed an Answer, General Denial or
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`obtained an Order of Fee Waiver, the Defendant must submit proof ofpaymentfor thefirst
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`appearance filing fee to counsel for Plaintiff within fourteen (14) days. This Stipulationis strictly
`contingent on Defendant’s payment ofhis/her first appearance fee and on the filing ofthis
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`Stipulation with the Court. The Defendant must contact the Court to ascertain the amountofthe
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`fee.
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`2.
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`Plaintiff and Defendant agree that Defendantis indebted to Plaintiff in theamount of
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`$5,698.81 relative to the account(s) ending in 4357. The parties agree that ifthe Court enters
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`CNAFJ
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP §664.6);
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`5641328
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`1
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`judgmentfor this amount thatit is not liquidated damages andis anentry ofjudgmentfor the
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`amount Defendant truly owes Plaintiff on the account. Plaintiff and Defendant further agree that
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`the amount of damagesin this case is not speculative or uncertain and that Plaintiff is entering in
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`this agreement solely because of Defendant’s documented hardship.
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`In accordance with the settlement terms agreed to between the parties, Defendant
`3.
`agrees to pay Plaintiff $5,698.81 pursuantto the following payment schedule:
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`
`
`
`
`# dueonor|Payment
`before
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`[1__|03/26/2021|$238.00
`|
`04/26/2021 | $238.00
`|
`05/26/2021|$238.00
`06/26/2021|$238.00
`|
`07/26/2021 | $238.00
`|
`| 08/26/2021 | $238.00
`|
`-
`|
`09/26/2021 | $238.00
`co;™!
`|
`|
`| 10/26/2021 | $238.00
`|
`[9
`| 11/26/2021 | $238.00
`10 12/26/2021|$238.00
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`11 01/26/2022|$238.00
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`12 02/26/2022|$238.00
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`13 03/26/2022|$238.00
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`14 04/26/2022|$238.00
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`15 05/26/2022|$238.00
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`16 06/26/2022|$238.00
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`17 07/26/2022|$238.00
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`18 08/26/2022|$238.00
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`19 09/26/2022|$238.00 .
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`20 10/26/2022|$238.00
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`21 11/26/2022|$238.00
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`22 12/26/2022|$238.00
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`23 01/26/2023|$238.00
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`24 02/26/2023|$224.81
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`4.
`Payments made above the minimum amount may be madein any month without
`penalty. However, an extra paymentor a paymentin excess ofthe minimum monthly payment
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`shall not excuse the Defendant from submitting at least the minimum payment in each succeeding
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`month.
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`CNAFJ
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCE A (CCP §664.6);
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`5641328
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`NNONHNHMNONNNNYNOKBFBRRHFSeHFEFRPS|=SeoNNHUNBPWYNYKKOFOoONDDURDhWVPKFCO
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`All payments pursuantto this stipulation shall be made payable to Zwicker &
`5.
`Associates, P.C, All payments shall be made via a personal check, money order, certified check,
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`cashier’s check, payment via telephone [at (800) 370-2251, or (866) 367-9942], or payment via
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`other electronic means. [f Defendant elects not to make a telephone paymentor via other
`electronic means, then the paymentshall be sent to the following address: Zwicker & Associates
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`P.C.-Attention Finance Department-_80 Minuteman Road, Andover, MA 01810 via U.S. Mail.
`6,
`Thereafter, unless Defendant notifies Plaintiff's counsel, in writing, ofhis/her
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`.
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`payment ofthe first appearance fee, this agreement shall be null and void and Plaintiff may seek
`entry of default judgment withough further notice to Defendant, even ifDefendant continues the
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`payments as outlined in {3 ofthis stipulation.
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`7.
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`Time is of the essence with respect to all responsibilities and obligations set forth
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`underthis stipulation. Failure to have any payment delivered to the above payment address on or
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`before the due date shall be considered a default. Furthermore, the dishonororreversal ofany
`paymentshall be considered a default.
`.
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`8.
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`If, andonlyif, all payments are timely received and all payments have cleared the
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`account(s) upon which they were drawn, Plaintiff shall then file a request for dismissal and serve a
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`copy on the Defendant or Defendant’s attorney. Furthermore andonlyafter all payments are
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`timely received andall payments have cleared the account upon which they were drawn, counsel
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`for Plaintiff will advise Plaintiff that the account or accounts that are the subjectofthis stipulation
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`is/are settled or paid in full. Defendant hereby agrees to bear his/her own attorney’s fees and costs.
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`9.
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`Defendant will be given no more than one (1) right to cure a default under this
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`stipulation. In the event of a default, Plaintiff will provide ten (10) calendar days written notice of
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`the Default to Defendant or Defendant’s attorney. For the purposes of this paragraph,it will be
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`sufficient to constitute 10 days written notice if Plaintiff provides notice by electronic mail or
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`facsimile with confirmation page and allows 10 days,or if Plaintiff provides notice via mail and
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`allows 15 days from the date ofmailing to allow Defendantto cause enough goodfundsto keep
`the balance current, to be delivered to the above payment address.
`
`CNAFJ
`
`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP §664.6);
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`5641328
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`11.|Acceptance ofany one or more late payments by Plaintiff or anyone acting on
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`Plaintiff's behalf shall not constitute a waiveror in any way prejudice Plaintiff's rights to receive
`timely payments thereafter, or to declare a default by Defendant hereunder. Plaintiff, in its sole
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`NNODHNHNYNNVNNO||BRBeBeHSBeEYYFeS
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`10.
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`In the event that Defendantfails to cure a default within the time allowed by {9
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`above, Plaintiffmay immediately be entitled to enforce this agreement under all applicable
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`California law, including but not limited to Code of Civil Procedure section 664.6, and to file a
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`Motion, Ex Parte Application, Declaration and Order and/or a new lawsuit to vacate any dismissal
`and to have judgment entered against Defendant for $5,698.81 plus Court costs, less any amounts
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`received by Plaintiff from Defendant. Statutory notice of motion or notice of ex parte application
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`does not constitute an additional right to cure, but only allows Defendant an opportunity to appear
`and prove that there has been no defaultorthat a first cure has been made.
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`discretion, has the right to declare a default if any paymentis not timely made, regardless of any
`previous failure to do so.
`|
`12.
`The parties jointly request that this court vacateall future hearings andstay all
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`further action on this case pending completion of this agreement. If and only if the court so
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`requires, then the parties ask that this case be conditionally dismissed without prejudice with the
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`court retaining jurisdiction under Code of Civil Procedure § 664.6 and subjectto the dismissal
`being vacated and judgment entered as provided above. The parties further agree that this
`.
`stipulation may at plaintifPS option be enforced by independentaction.
`13.
`Counsel, Plaintiff and Defendant herein agree that said judgmentshall be deemed to
`be a judgmentaftertrial ofthis action and join in said judgment, and voluntarily, knowingly, and
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`intelligently waive the civil due processrights to trial and the provisions of California Code of
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`Civil Procedure, §§ 581, 583.160, 583.210, 583.310, 583.360, 583.410, 583.420, andall other
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`provisions of California law regarding dismissal of actions for failure to prosecute or to bring an
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`action to trial within any time limits.
`14.
`Defendant and Plaintiffeach warrant and represent that their respective mailing
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`addresses are current at the time of execution ofthis Stipulation. Defendant agrees to keep
`Plaintiff's counsel apprised ofDefendant’s current addressat all times, by notifying counselin
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`CNAFJ
`
`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP §664.6);
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`5641328
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`OoOoSYBAAF&FWwWNY
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`NMNYDNNHNHOYNNONOHNOwwwettetooNYONTABhBHNYSBOoOOOHHRAPRWYNYS&S
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`writing within 10 days ofany change. Defendant and Plaintiffeach have had the opportunity to
`consult with counsel and discuss his/her or its rights with respect to his/her or its performance and
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`obligations pursuant to the terms and conditions of this Stipulation, and the advisability of
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`executing the same. After said consultation, Defendant and Plaintiff each knowingly and
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`voluntarily agree to all ofthe terms and conditions set forth in this Stipulation. Furthermore,
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`Defendant agrees that he/she has not sought, received or relied on any Plaintiff, Plaintiffs counsel
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`or any agentof Plaintiff for any tax advice of any kind with respect to this Stipulation. Defendant
`has been advised to seek his own counsel with regard to tax consequencesofthis Stipulation.
`.
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`15.
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`This Stipulation is entered into in the State of California, and Defendant and
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`Plaintiff agree that this Stipulation and the parties to this Stipulation are to be governed by,
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`construed and enforced under the laws ofthe State of California, including but not limited to Code
`of Civil Procedure section 664.6.
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`16.
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`Defendant and Plaintiff agree that a commissioner of the Court may hear any
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`proceeding arising from this Stipulation.
`Me
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP §664.6);
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`5641328
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`5
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`NODNODNNOWHBONHNHNDRiwiwRtoNHNWHHRWHY=~OO6WNDBUAPhWwWNHK&OO
`
`17.
`This Stipulation may be signed in counterparts by any and all-parties and/or theix —
`attomeys. Each counterpart, including faxed, scanned, or photocopied signatures, shall be valid
`and have the same legal force and effect as would an original wet signature.
`
`IT. IS SO STIPULATED:
`
`Dated:_ 6/15/21
`
`Dated: GA Af
`
`By:
`Approved as tofor
`Zwicker & Associates, P.C.,
`A LAW FIRM ENGAGED IN DEBT COLLECTION
`JANET L. BROWN/JESSICA M. GARCIA
`WILLIAM BELLOR-YEH
`Attorneys for Plaintiff
`
`(BYGate. ZA pcre
`Maintitl- DISCQVER BAN +
`
`<5
`NaatPORELES
`eeeaeEpaoeHiCpttien?
`
`Dated:_ 3-16-2021
`
`By:
`Approved as te for
`
`Dated:
`
`3/27/2021
`
`By:
`
`Dustin A Young
`meee for NLLG
`
`Esq.
`
`ey fof Defendant
`
`
`
`it, LESTER A GOMEZ GOMEZ
`
`CNAFI
`
`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP §664.6);
`.
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`5641328
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`6
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`PROOF OF SERVICE
`
`STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA}ss.
`
`1 am employed in the County of Contra Costa, State of California; I am over the age of 18 years and not a party to the within
`entitledaction; my business address is 1320 Willow Pass Road, Suite 730, Concord, California 94520.
`
`On 6/15/21_I served the foregoing document, described as STIPULATION FOR ENTRY
`OF JUDGMENT PENDING PERFORMANCEonthe interested parties to said action by the following
`means:
`
`By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for
`_x (By Mail)
`collection and mailing on that date following ordinary business practices, in the United States Mail at the offices of Zwicker &
`Associates, P.C., at Concord, California, addressed as shown below.
`I am readily familiar with this business's practice for
`collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business
`correspondence would be deposited with the U.S. Postal Service the same day it was placed forcollection and processing.
`
`By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the
`(By Mail)
`United States Mail at Concord, California, addressed as shown below.
`
`(By Hand Delivery)
`addresses shown below.
`
`By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the
`:
`
`(By Personal Service)
`shown below.
`
`By personally delivering a true copy thereof, enclosed in a sealed envelope, to the addresses
`
`(By Overnight Delivery)
`prepaid, to be sent by
`
`By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges
`,addressed as shown below.
`
`By transmittinga true copy thereofby facsimile transmission from facsimile number
`(By Facsimile Tr.ansmission)
`(925) 689-7077, to the interestedparties to said action; the transmission was reported as complete and without error, and a copy
`ofthe transmission report, which was properly issued by the transmitting facsimile machine,is attached hereto and incorporated
`herein by reference. Said documents were transmittedto the interestedparties as shown below at
`a.m./p.m.
`
`I declare under penalty ofperjury that the foregoing is true and correct, and that I am employedin the office ofa member ofthe
`Bar ofthis Court at whose direction the service was made.
`Executed on 6/15/21
`, at Concord, Contra Costa County, California.
`
`
`
`Jessica Garcia
`
`NAME AND ADDRESS OFEACH PERSON SERVED:
`
`Tyneia Merritt, Esq.
`2401 NW 231d ST
`Oklahoma City, OK 73107
`
`PROOFOF SERVICE
`
`

`

`Exhibit B
`
`Exhibit B
`
`

`

`Zwicker & Associates, P.c.
`
`ZX
`
`ATTORNEYS AT LAW
`THIS LAW FIRM EMPLOYS
`ONE OR MORE ATTORNEYS
`ADMITTED TO PRACTICE IN
`THE FOLLOWING STATES:
`ALABAMA.
`
`ALASKA
`
`ARIZONA
`
`ARKANSAS
`
`CALIFORNIA
`
`COLORADO
`
`CONNECTICUT
`
`DELAWARE
`
`FLORIDA
`
`GEORGIA
`
`TDAHO
`
`ILLINOIS
`
`INDIANA
`
`KANSAS
`
`KENTUCKY
`
`LOUISIANA.
`MARYLAND
`
`MASSACHUSETTS
`
`MICHIGAN
`MINNESOTA
`
`MISSISSIPPI!
`
`MISSOURI
`
`NEVADA
`
`December 12, 2022
`
`Personal and Confidential
`Tyneia Merritt, Esq.
`National Litigation Law Group
`42 Shepherd Center
`2401 NW 23" Street
`Oklahoma City, OK 73107
`
`RE: DISCOVER BANK vs. LESTER A GOMEZ GOMEZ
`Case No. CGC-20-583765
`
`Dear Counsel:
`
`This letter is to advise you that your client is in default of the Stipulation for Entry of
`Judgment Pending Performance that was entered into in relation to the above-
`referenced lawsuit. Your client’s last payment was on July 26, 2022. In order to avoid
`further legal action, your client must bring the payments current.
`
`NEW HAMPSHIRE
`
`Please call us at (866) 367-9942 to make arrangements for payment.
`
`NEW JERSEY
`
`NEW MEXICO
`
`NEW YORK
`
`NORTH CAROLINA
`
`OHIO
`
`OREGON
`
`PENNSYLVANIA
`
`RHODE ISLAND
`
`SOUTH CAROLINA
`
`TENNESSEE
`
`TEXAS
`
`UTAH
`
`VIRGINIA
`
`WASHINGTON
`
`WEST VIRGINIA
`
`WISCONSIN
`
`WASHINGTON,D.C,
`
`Alternatively, you may mail your client’s payments directly to our Concord, CA
`office at the above address.
`
`Very truly yours,
`Zwicker & Associates, P.C.
`A LawFirm Engaged in Debt Collection
`
` JANET LE
`
`Attorney for Plaintiff
`
`Cc: Dustin Young, Esq.
`National Litigation Law Group
`2401 NW 23"Street
`Suite 42
`OklahomaCity, OK 73107
`
`Zwicker & Associates, P.C., 1320 Willow Pass Road, Suite 730, Concord, CA 94520
`Tel. (925) 689-7070 Fax (925) 689-7077 TTY (877) 249-1914
`
`