ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`06/08/2022
`Clerk of the Court
`BY: RONNIE OTERO
`Deputy Clerk
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`

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`This declaration is submitted to the Court to request that the above referenced Order to
`2.
`Show Cause hearing be vacated and,if any, all sanction orders set aside for good cause shown.
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`3.
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`This is simple debt collection matter, filed on 06/07/2021, to recover a balance owing
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`on the Defendant’s account.
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`4.
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`Followingthe filing of this case, the parties reached an agreementto resolve the matter
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`and executed a written Stipulation reflecting the terms of their agreement. A true and correct copy of
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`the parties’ Stipulation is attached as Exhibit A.
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`5.
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`A Notice of Settlement submitted to the Court reflecting the timeline of the parties’
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`agreement is attached as Exhibit B.
`6.
`Accordingly, Plaintiff respectfully requests the above referenced Order to Show Cause
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`hearing be vacated pursuant to Rules of Court, Rule 3.1385, subdivision (c), to allow the parties to
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`carry out the termsof their agreementand,if any, all associated sanction ordersbeset aside. Plaintiff
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`requests the Court set an Order to Show Cause re: Dismissal Pursuant to Settlement for 45 days
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`following the conditional date listed in Plaintiff’s Notice of Settlement.
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`I declare underpenalty of perjury that the foregoingis true and correct and that this declaration
`was executed
`JUN 0 7 2Be2
`at Santa Ana, California.
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`Adam Brumage__ Maria Bradish__ Robert
`Cox____ Ryota IsozakiK Derrick Uhri___
`Matthew W. Keim_ Eric Marquez__ Karlie D.
`Schafer Chan Hsu___ Nicholas Morello__
`John Phan_ Justice Tecson___
`Attorneys for Plaintiff
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`DECLARATION OF COUNSEL FOR PLAINTIFF
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`EXHIBIT A
`(Copy ofParties Stipulation)
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`DECLARATION OF COUNSEL FOR PLAINTIFF
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`BmWwbh
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`Adam Brumage, SBN 283180
`Ryota Isozaki, SBN 321040
`Robert Cox, SBN 290268
`Derrick Uhri, SBN 321161
`Matthew W. Keim, SBN 331020
`Eric Marquez, SBN 331023
`Karlie D. Schafer, SBN 331884
`Lisette Baptiste, SBN 334036
`Nicholas Morello, SBN 337656
`John Phan, SBN 338677
`The Moore Law Group, APC
`3710 S. Susan St, Suite 210, Santa Ana, CA 92704
`P.O.Box 25145, Santa Ana, CA 92799-5145
`Telephone: (800) 506-2652
`Facsimile: (714) 754-9568
`Attorneys for Plaintiff
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`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`CIVIC CENTER COURTHOUSE- UNLIMITED CIVIL JURISDICTION
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`JPMORGAN CHASE BANK, N.A.,
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`Plaintiff,
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`vs.
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`
`
`EILEEN CHU,
`
`Defendant(s). .
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`Case No. CGC-21-592975
`STIPULATION AGREEMENT
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`JURISDICTION RETAINED UNDER
`CODE OF CIVIL PROCEDURE §664.6
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`IT IS HEREBY STIPULATED AND AGREEDbyand betweenthe Parties hereto:
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`1.
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`JPMorgan Chase Bank, N.A.(“Plaintiff”) and EILEEN CHU (“Defendant”) (together, the “Parties”)
`agree that $34,795.80 is the liquidated amount owed by Defendantfor the account number ending in
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`0070 (the “Account”).
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`2. Defendant stipulates and agreesto the entry ofjudgmentin favorof Plaintiff in the principal sum of
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`$34,795.80 and court costs of $0.00 for a total judgment amount of $34,795.80 (the “Judgment
`Amount”). Defendant further agrees to pay the first appearancefee, if required as a result offiling
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`this Stipulation (the “Stipulation”).
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`3. Plaintiff will not request judgment be entered so long as Defendantdoes not default on the payment
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`plan below.
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`4. Defendant agrees to make paymentsto Plaintiff as follows until Defendant has paid the Judgment
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`Amount (“Payment Schedule”):
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`Page | of 6
`STIPULATION AGREEMENT
`JURISDICTION RETAINED UNDER CODEOF CIVIL PROCEDURE § 664.6
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`JPMorgan Chase Bank, N.A. vs. EILEEN CHU
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`a. minimum of $300.00 on or before the 28th day of each and every month commencing on
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`March 28, 2022, through and including March 28, 2023, and
`b. minimum of $575.00 onor before the 28th day ofeach.and every month commencing on
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`April 28, 2023, through and including January 28, 2026, and
`c. minimum of $550.00 on or before the 28th day ofeach and every month commencing on
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`February 28, 2026, through and including September 28, 2027, and
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`d. a final payment of $345.80 on or before October 28, 2027
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`Plaintiff's timely receipt of the consecutive monthly installments, totaling $34,795.80, will constitute
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`full satisfaction of the Judgment Amount. Asan incentive, if Defendant timely makes 48 of the 68
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`installment payments when due, totaling $24,000.00, Defendant may deduct the remaining payments,
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`totaling $10,795.80, from the remaining balance then due.
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`Time is of the essence with respect to all payments.
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`If Defendant fails to make full and timely
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`paymentofanyinstallmentorifany paymentis reversed, Defendantwill notbe entitled to any deduction,
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`the full remaining balance will be due, and Plaintiff shall be entitled to enter judgmentfor the Judgment
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`Amount, less credit for payments made.
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`5. Acceptance of any late or partial payments by Plaintiff or anyone acting on Plaintiff's behalf, or
`Plaintiff's failure to declare a default underthis Stipulation whenso entitled, shall neither constitute
`a waiver of, nor in any way prejudice, Plaintiff's right to demand and receive timely payments
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`thereafter or to declare a default hereunder.
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`6. Monthly payments shall be made:(i) online at www.paymoorelaw.comusing Defendant’s account
`number; (ii) by pre-authorized electronic transfer, or (iii) by cashier’s check, money order, or
`personal check by mail drawn on good funds, payable to The Moore Law Group, notated with
`Defendant’s account number, and sent to The Moore Law Group, P.O. Box 25145, Santa Ana, CA.
`92799-5145, on or before each due date.
`|
`7. The Parties jointly request that this court retain jurisdiction under Code of Civil Procedure § 664.6.
`The Parties further request that this court cancelall future hearings and stay all further action on this
`case pending completion of the Parties’ respective obligations under this Stipulation. If local rules
`Page 2 of 6
`STIPULATION AGREEMENT
`JURISDICTION RETAINED UNDER CODE OF CIVIL PROCEDURE § 664.6
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`JPMorgan Chase Bank, N.A. vs. EILEEN CHU
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`sorequire, the Parties authorize the court to dismiss this case withoutprejudice.Ifthe court dismisses
`the case without prejudice, the court shall retain jurisdiction pursuant to Code of Civil Procedure §
`664.6. The Parties further agree this Stipulation maybe enforcedby independentaction at Plaintiff's
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`option.
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`~
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`The Parties voluntarily waive all statutes of limitation and any other legal impedimentor bar that
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`©
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`may prevent the court from continuing or resumingjurisdiction ofthis case including, but not limited -
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`to, waiver ofrights and provisionsof California Code of Civil Procedure sections 583.160, 583.210,
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`583.310, 583.360, 583.410, 583.420, and all other provisions of California law regarding dismissal
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`of actionsfor failure to prosecute or to bring an actionto trial within any timelimit.
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`Upon a default by Defendant in any payment due to Plaintiff-under the terms ofthis Stipulation,
`Plaintiff shall apply to the court to have the dismissal without prejudice (if applicable) set aside and
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`vacated and to have judgmententered for the Judgment Amountless credit for payment(s) received
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`by Plaintiff.
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`. Nothing in this Stipulation shall constitute or be construed as an admissionofliability on behalf of
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`Plaintiff, or an admission byPlaintiff as to the validity of any allegations contained in Defendant’s
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`answeror response to the complaint, or in counterclaims, if any, in this action.
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`12.
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`13.
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`. The Parties agree that a commissioner of the court may hear any proceeding arising out of this
`Stipulation. Defendant agrees not to file any counterclaims, cross-complaints, separate suits,
`regulatory complaints, arbitration, or any other claims related to the matters released in Paragraph
`13,
`|
`a |
`If Defendantsatisfies his/her payment obligations hereunder, Plaintiff shall dismiss this case with
`prejudice after the final payment has been determinedto be in good funds. If the court has already
`dismissed the case withoutprejudice, thenit is sufficient for Plaintiffto let the dismissal stand.
`Except as provided in this Stipulation, Defendant, on Defendant’s behalf and on behalf of all of
`Defendant’s agents, assigns, heirs, successors, servants, representatives, and attorneys (“Related
`Persons”), releases’ and discharges Plaintiff, and all of its affiliates, parents, and/or subsidiary
`corporations, account servicers and sub-servicers, representatives, managing partners, officers,
`Page 3 of 6
`STIPULATION AGREEMENT
`JURISDICTION RETAINED UNDER CODEOF CIVIL PROCEDURE § 664.6
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`JPMorgan Chase Bank, N.A.vs. EILEEN CHU
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`oOoo~IAswnatodNhm
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`NNOdNNNNNNNOe——_—meeme—ry—Co~~ONway>uoN—So\ooo~~ONinbhuaNomo.
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`directors, shareholders, employees, agents, assigns, predecessors, successors, servants, msurers,
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`licensees, representatives, and attorneys from any andall claims, demands andcausesofaction and
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`claims ofany kind that Defendant may have with respect to the Account, including without limitation
`all claims, cause and causes ofaction, suits, counterclaims, demands, debts, damages, costs, fees,
`expenses, rights, duties, obligations, petitions, suits, losses, liabilities, sums of money, accounts,
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`bills, contracts, controversies, agreements, promises, damages, judgments, and demands whether
`direct or indirect, liquidated or unliquidated, contingent or actual, asserted or unasserted, in law or
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`equity, known or unknown, foreseen or unforeseen, suspected or unsuspected, or of whatever type
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`or nature, which they may have or may hereafter have a claim or have reason of any matter or
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`omission arising from any cause whatsoeverpriorto the execution ofthis Stipulation whicharise out
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`of, directly or indirectly, or are in any way connected with or related to Defendant’s Account,
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`includingthe collection and the tax reporting thereof and the credit reporting of any credit history
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`| 14.
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`related thereto to third parties.
`The Parties acknowledge that each is familiar with Section 1542 (“Section 1542”) ofthe Civil Code
`ofthe State of California, which provides as follows:
`.
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`A general release does not extend to. claims that the creditor or releasing party does not
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`knowor suspectto exist in his or her favor at the time of executing the release and that, if
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`known by him or her, would have materially affected hisor her settlement with the debtor
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`or released party.
`The parties hereto waive and relinquish any rights and benefits which they may have under Section
`1542. The parties acknowledge that they may hereafter discover facts in addition to or different from
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`those which they know orbelieve to be true with respect to the subject matter of this Stipulation, butit
`is their intention to fully and finally and forever settle and release any and all matters, disputes and
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`differences, known or unknown, suspected and unsuspected, which do now exist, may exist or heretofore
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`have existed between them with respect to the subject matter of this Stipulation. In furtherance ofthis
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`intention, the releases herein shall be and remain in effect as full and complete general releases
`notwithstanding the discovery or existence of any such additional or different facts. _
`Page 4 of 6
`STIPULATION AGREEMENT
`JURISDICTION RETAINED UNDER CODEOF CIVIL PROCEDURE § 664.6
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`JPMorgan Chase Bank, N.A. vs. EILEEN CHU
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`15. The parties warrant and represent to one another that the effect and import of the provisions of
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`Section 1542 have been fully explained to them by their attorneys.
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`16. The Parties represent and warrantthat they are duly authorized and fully capable of executing this
`Stipulation and understandits contents.
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`17. Defendant waives any right to request or have a trial or new trial, and any right to appeal any
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`judgmententered pursuantto this Stipulation.
`18. The Parties hereby irrevocably waive all right to trial by jury in any action, proceeding or
`counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this
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`Stipulation or the Account, or the actions of Plaintiff or any of its affiliates in the negotiation,
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`administration, performance, or enforcement hereofor thereof.
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`19. Except as otherwise provided herein, each Party agrees to bear the expense of its own attorney’s fees
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`and court costs in connection with the litigation and the matters addressed herein, including those
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`incurred to enforce this Stipulation. Further, if the case is dismissed with prejudice, Defendantwill
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`notbe considered a prevailing party.
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`20. The Parties acknowledge they had the opportunity to consult with legal counsel oftheir own choosing
`with respect to the form and contentofthis Stipulation and the advisability of executing the same.
`21. This Stipulation may be signed and executed in one or more counterparts, each of which shall be
`deemedan original and all of which together shall constitute one Stipulation. Defendant’s delivery
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`of an executed counterpart of a signature page of this Stipulation shall be effective as delivery of an
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`originally executed counterpart of this Stipulation. Counterparts including faxed, scanned, or
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`photocopied signatures shall be as valid as an original.
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`Ml
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`Page 5 of 6
`STIPULATION AGREEMENT
`JURISDICTION RETAINED UNDER CODEOFCIVIL PROCEDURE § 664.6
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`oOCoOSDWHS&FWHLHe
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`N-wobotwnwNONoiw)——me_—ee—_—_—_—Corsw]ONabooNY—oS\ooo~fo)wmbwto_oO
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`JPMorgan Chase Bank, N.A. vs. EILEEN CHU
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`|]|22. This Agreement constitutes the sole and entire agreement between the Parties and supersedes all
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`prior and contemporaneousstatements, promises, understandings or agreements, whether written or
`oral. This Agreement may be amended, modified or altered at any time upon the approval ofthe
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`Parties; however, any such amendmentmust be in writing and signed byall Parties in order for such
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`amendment to be of any force and effect.
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`q Dated:
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`March 16, 2022
`
`Ble
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`EILEEN CHU
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`
`
`8
`Dated:MAR342022The Moore Law Group, APC
`°
`Un
`10
`Adam Brumage_ Maria Bradish__ Robert
`il
`Cox___ Ryota Isozaki___ Derrick Uhri__
`Matthew W. KeimEric Marquez___ Karlie D.
`12
`Schafer___ Lisette Baptiste___ Nicholas
`Morello John Phan_
`Attomeys for Plaintiff JPMorgan Chase Bank,
`N.A.
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`Page 6 of 6
`STIPULATION AGREEMENT
`JURISDICTION RETAINED UNDER CODEOF CIVIL PROCEDURE § 664.6
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`EXHIBIT B
`(Copy of Notice of Settlement)
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`
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`DECLARATION OF COUNSEL FOR PLAINTIFF
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`

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` 4
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`NOTICETO PLAINTIFF OR:OTHER: PARTYSEEKING RELIEF
`You-mustfile.a.requestfor disriissal of the-entire-case:within 45 days afterthe date ofthie settlementif the settiementis
`unconditional. Youmust file a disrriséafofthe entire casewithin 45 days-afterthedate spécified in item 1bbelow:if the settlement:
`is conditional. Uniess‘youfile'a dismissal within'the required timé‘or have showr’good-cause-before thetithe for dismissal has.
`expired why-thecase should not:be dismissed, the court-will-dismiss:theentire case.
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`To thecourt, all parties; and any arbitratoror other court-connected ADR neutralinvolvedin this:case:
`1. This.entire case hasibeen settled. The-settlement is:
`a. [_] Unconditional. Arequest for-dismissalwill befiled within.45-days after thedate of'the settlement.
`Dateof'settlemerit
`b, LX] Conditional: Thé-settlémentagreerrient coniditishsdisthissal ofthis matter on thesatisfactory completion of
`specified terms that are notto-be performed-within:45 days‘ofthedate-of the’settlement. .A requestfor-dismissal will
`be filed nélater than (ate): 93/08/2026
`.
`N Dateinitia! pleading filed: 06/07/2021
`2
`Next scheduled heating of confererice:
`a, Purpose: Order to Show Cause
`b.
`(1) Date: 07/12/2022
`(2) Time: 19:30 AM
`(8) Department 610
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`4. Trial date:
`a. [X] Notrial date set
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`b. CO] (1) Date:
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`(2) Time:
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`-
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`{3) Department:
`| declareunder penaltyofpetjuryunde ooDerrick Uhri___Matthew W. Keim___
`going
`ndet the laws-of the State of-Californiathat the forégoing is true and correct.
`Date:
`Eric Marquez 7
`iG
`APR 13 2022
`|
`(TYPEORPRINTNAMEQF
`[XX] attorney [7] PARTYWITHOUT-ATTORNEY)
`
`
`
`(SIGNATURE)
`
`>
`
`Form Adopted forMandatoryUse
`siudiialCound!ofCalifornia
`CM=200 [Rev, January 1, 2007]
`
`OF
`UT:
`IPE
`CAG
`NOTICE OF SETTLEMENT OF ENTIRE CASE
`
`Page tiof2.
`al;-Rulés ofCourt,rule3.4885
`evecouitinte.c2.900"
`
`
`
`AmarcariLégaiNet, Inc.
`
`www ForsWorkfiow.com
`04/15/2022
`
`ATTORNEYOR PARTYWITHOUT ATTORNEY (Namd, Stata Barnuintier’ ako address):
`Adam Brumage (283180) Ryota Isozaki (321040) Derrick Uhri (321161) Matthew W. Keim (331020) Eric
`Marquez (331023)
`The Moore Law Group, APC, P.O. Box25145, Santa Ana, CA 92799-5145,
`3710 S. Susan St. Ste. 210, Santa Ana, CA 92704
`TELEPHONE NO.: (800) 506-2652
`FAX NO: (Optionad:
`E-MAIL ADDRESS(Optional)! *
`ATIORNEYFOR(Wamei: JPMorgan Chase Bank, N.A., Plaintiff
`SUPERIOR COURTOFCALIFORNIA, COUNTY-OF San Francisco
`STREETADDRESS:400 McAllister Street
`MAILING:ADDRESS:
`CITYAND ZIPCODE: San Francisco CA 94102
`BRANCH'NAME:
`PLAINTIFF/PETITIONER: JPMorgan Chase Bank, N.A.
`DEFENDANTRESPONDENT:EILEEN CHU
`
`.
`
`FOR'GOURTOSE ONLY.
`
`ELECTRONICALLY
`FILED
`Superior Court ofCalifornia,
`County of San Francisco
`04/14/2022
`Clerk of the Court
`BY: RONNIE OTERO
`Deputy Clerk
`
`NOTICEOFSETTLENMENT-OFENTIRE CASE:
`
`CASE NUMBER:
`CGC-21-592975
`
`DEPT;#
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`
`
`

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`DEFENDANT/RESPONDENT: EILEEN CHU
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`PLAINTIFF/PETITIONER: JPMorgan Chase Bank, N.A.
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`CGCILLS92975
`
`PROOF OF SERVICE BY FIRST-CLASS MAIL
`NOTICE OF SETTLEMENTOF ENTIRE CASE
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`(NOTE: You cannotserve the Notice of Settlement of Entire Case ifyou are a party in the action. The person who served
`the notice must complete this proofof service.)
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`1.
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`| am a resident of or employed in the county where the mailing took
`| am atleast 18 years old and not a party to this action.
`place, and my residence or business address is (specify): | P.O. Box 25145, Santa Ana, CA 92799-5145
`
`2.
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`| served a copy ofthe Notice of Settlement of Entire Case by enclosingit in a sealed envelope with postage
`fully prepaid and (check one):
`a. L_] deposited the sealed envelope with the United States Postal Service.
`b.
`placed the sealed envelopeforcollection and processing for mailing, following this business's usual practices,
`with which | am readily familiar. On the same day correspondenceis placed for collection and mailing, itis
`deposited in the ordinary course of business with the United States Postal Service.
`3. The Notice of Settlement ofEntire Case was mailed:
`a. on (date):
`APR 1 h 2022
`b.
`from (city and state): Santa Ana, CA
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`4. The envelope was addressed and mailed as follows:
`a. Nameof person served: McCarthy Law PLC
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`c. Name of person served:
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`Street address:
`City:
`State and zip code:
`
`4250 North Drinkwater Blvd, Suire 3Rhreet address:
`Scottsdale AZ 85251
`City:
`State and zip code:
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`b. Name of person served:
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`d. Nameof person served:
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`Street address:
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`City:
`State and zip code:
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`Street address:
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`City:
`State and zip code:
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`[__] Names and addresses ofadditional persons servedare attached. (You may use form POS-030(P).)
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`5. Numberof pages attached
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`| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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`Date:
`
`APR 1 4 2022
`Jose Hernandez__ Victor Qchoa__ Quang-Thi
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` (TYPE OR PRINT NAME OF DECLARANT)
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`CM-200 Rev,January 1, 2007
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`NOTICE OF SETTLEMENT OF ENTIRE CASE
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`Page of2
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