ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`03/30/2022
`Clerk of the Court
`BY: BOWMAN LIU
`Deputy Clerk
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`’
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`DocuSign Envelope [D: 0C4BD308-8942-4B06-93E1-8F5EDBD916A3
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`judgmentfor this amountthat it is not liquidated damages andis an entry ofjudgmentfor the
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`| amount Defendant truly owes Plaintiff on the account. Plaintiff and Defendantfurther agree that
`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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`3.
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`In accordance with the settlement terms agreed to between the parties, Defendant
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`| agrees to pay Plaintiff $6,077.00 pursuant to the following payment schedule:
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`—
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`tttaeOoOOCOIFDBABRWHN
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`plwirnle
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`# due onor|Payment
`before
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`[1___—|09/30/2021|$511.00
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`10/30/2021 | $506.00
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`| | 11/30/2021|$506.00
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`| 12/30/2021|$506.00
`wn
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`| 01/30/2022|$506.00
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`| 02/28/2022|$506.00
`ETD
`i N
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`| 03/28/2022|$506.00 |
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`13 | 04/28/2022|$506.00[38
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`[9 05/28/2022|$506.00
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`14 | 06/28/2022|$506.0010
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`is | 07/28/2022|$506.0011
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`12 08/28/2022|$506.00
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`16
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`| Plaintiff acknowledgesall payments in the above schedule due prior to 10/13/2021/2021 have been
`received.
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`17
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`18 |
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`4,
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`Payments made above the minimum amount may be made in any month without
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`! penalty. However, an extra payment or a payment in excess of the minimum monthly payment
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`|
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`shall not excuse the Defendant from submitting at least the minimum paymentin each succeeding
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`? month.
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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, moneyorder,certified check,
`| cashier’s check, payment via telephone[at (800) 370-2251, or (866) 367-9942], or payment via
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`other electronic means. If 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.
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`260231016571
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP 8664.6);
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`2
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`DocuSign Envelope ID: 0C4BD308-8942-4B06-93E1-8F5EDBD916A3
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`6.
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`Thereafter, unless Defendant notifies Plaintiff's counsel, in writing, of his/her
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`paymentofthe first appearance fee, this agreement shall be null and void and Plaintiff may seek
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`| entry of default judgment without further notice to Defendant, even if Defendantcontinuesthe
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`paymentsas outlined in J 3 ofthis stipulation.
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`7.
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`Timeis 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 dishonoror reversal of any
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`| payment shall be considered a default.
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`If, and only if, all payments are timely received andall payments have cleared the
`8.
`| account(s) upon which they were drawn,Plaintiff shall then file a request for dismissal and serve a
`| copy on the Defendant or Defendant’s attorney. Furthermore and only after all payments are
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`timely received and all payments have cleared the account upon which they were drawn, counsel
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`for Plaintiff will advise Plaintiffthat the account or accounts that are the subject of this 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 underthis
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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 purposesofthis paragraph,it will be
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`1
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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
`| allows 15 days from the date of mailing to allow Defendantto cause enough good fundsto keep
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`I
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`the balance current, to be delivered to the above payment address.
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`10.
`In the event that Defendantfails to cure a default within the time allowed by J 9
`| above, Plaintiff may immediately be entitled to enforce this agreement underall applicable
`: California law, including but not limited to Code of Civil Procedure section 664.6, andto file a
`: Motion, Ex Parte Application, Declaration and Order and/or a new lawsuit to vacate any dismissal
`| and to have judgmententered against Defendantfor $7,595.58 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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`| 260231016571
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP 8664.6);
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`3
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`DocuSign Envelope iD: 0C4BD308-8942-4B06-93E1-8F5EDBD916A3
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`NONOHONHVNVNDNPDPOwwpwmmeteethtooNnKNAFFWDNMRKOOOlUMMOMULUOGUNUBBUNGLECU
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`does not constitute an additional right to cure, but only allows Defendant an opportunity to appear
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`| and prove that there has been nodefault or thata first cure has been made.
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`11.
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`Acceptance of any one or more late payments by Plaintiff or anyone acting on
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`Plaintiff's behalf shall not constitute a waiver or in any way prejudice Plaintiff's rights to receive
`timely payments thereafter, or to declare a default by Defendant hereunder. Plaintiff, in its sole
`discretion, has the right to declare a defaultif any paymentis not timely made, regardless of any
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`| previousfailure to do so.
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`12.
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`The parties jointly request that this court vacate all future hearings and stayall
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`further action on this case pending completionofthis agreement. If and onlyif the court so
`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 subject to the dismissal
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`| being vacated and judgment entered as provided above. The parties further agree that this
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`stipulation mayat plaintiff's option be enforced by independentaction.
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`13.
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`Counsel, Plaintiff and Defendant herein agree that said judgment shall be deemed to
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`be a judgmentafter trial of this action and join in said judgment, and voluntarily, knowingly, and
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`1
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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, and all other
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`| provisions of California law regarding dismissalof actions for failure to prosecuteorto bring an
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`action to trial within any timelimits.
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`14.
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`Defendant and Plaintiff each warrant and representthat their respective mailing
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`| addresses are current at the time of execution of this Stipulation. Defendant agrees to keep
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`| Plaintiff’s counsel apprised of Defendant’s current addressat all times, by notifying counsel in
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`writing within 10 days of any change. Defendant and Plaintiff each have had the opportunity to
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`| consult with counsel anddiscusshis/herorits rights with respect to his/heror its performance and
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`obligations pursuantto the terms and conditionsof 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 of the terms and conditions set forth in this Stipulation. Furthermore,
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`| Defendant agrees that he/she has not sought, received orrelied on any Plaintiff, Plaintiff's counsel
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`260231016571
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP §664.6);
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`4
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`I
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`DocuSign Envelope ID: 0C4BD308-8942-4B06-93E1-8F5EDBD916A3
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`| or any agent of Plaintiff for any tax advice of any kind with respectto this Stipulation. Defendant
`| has been advised to seek his own counsel with regard to tax consequencesof this Stipulation.
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`This Stipulation is entered into in the State of California, and Defendant and
`15.
`| Plaintiff agree that this Stipulation and the parties to this Stipulation are to be governed by,
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`construed and enforced underthe laws of the State of California, including but not limited to Code
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`of Civil Procedure section 664.6.
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`Defendant and Plaintiff agree that a commissioner of the Court may hear any
`16.
`| proceeding arising from this Stipulation.
`17.
`This Stipulation may be signed in counterparts by any andall parties and/or their
`| attorneys. Each counterpart, including faxed, scanned, or photocopied signatures, shall be valid
`; and have the samelegal force and effect as would an original wet signature.
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`a oO
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`Dated: O402
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`IT IS SO STIPULATED:
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`By:
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`—
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`Z S
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`Approvedas to form
`Zwicker & Associates, P.C.,
`A LAW FIRM ENGAGEDIN DEBT COLLECTION
`JANET L. BROWN/MAR
`N
`MASONARTA
`Attorneys for Plaintiff
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`| Dated: Whhe BYXALELZLAtlet RF
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`OooOHNDNOHFFWOYN 260231016571
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`|
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`Pleitit DISGOVER BANK
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`| Dated:
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`*
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`Defendant, AZSELLE M DE GUZMAN
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`STIPULATION FOR ENTRY OF JUDGMENT PENDING PERFORMANCEA (CCP 8664.6);
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`5
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`PROOF OF SERVICE
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`STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA}ss.
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`Iam 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
`entitled action; my business address is 1320 Willow Pass Road, Suite 730, Concord, California 94520.
`
`QAR 36 2022 , Lserved the foregoing document, described as STIPULATION FOR ENTRY
`OF JUDGMENT PENDING PERFORMANCEontheinterested parties to said action by the following
`means:
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`Byplacing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for
`_xX (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 placedfor collection and processing.
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`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.
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`(By Hand Delivery)
`addresses shown below.
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`(By Personal Service)
`shownbelow.
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`By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the
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`Bypersonally delivering a true copy thereof, enclosed in a sealed envelope, to the addresses
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`(By Overnight Delivery)
`prepaid, to be sent by
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`By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges
`, addressed as shownbelow.
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`By transmitting a true copy thereof by facsimile transmission from facsimile number
`(By Facsimile Transmission)
`(925) 689-7077,to the interested parties to said action; the transmission was reported as complete and withouterror, and a copy
`of the transmission report, which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated
`herein by reference. Said documents were transmitted to the interested parties as shown below at
`a.m./p.m.
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`I declare under penalty of perjury that the foregoing is true and correct, and that I am employedin the office of a memberof the
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`Bar ofthis Court at whose R36 6spice was made.
`Executed on
`, at Concord, Contra Costa County, California.
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`JeetbapitantCourtneyFont
`
`
`Elisabeth Molel ey
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`NAME AND ADDRESS OF EACH PERSON SERVED:
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`Julie Hunt, Esq
`2401 NW 23rd Street #42
`Oklahoma City, OK 73107
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`