ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`09/03/2024
`Clerk of the Court
`BY: RONNIE OTERO
`Deputy Clerk
`
`
`

`

`1466586.001
`
`Exhibit 'B'.
`
`//
`
`Hf
`
`Hi
`
`//
`
`//
`
`/ i
`
`f
`
`//
`
`//
`
`oe eePage 2 of 3
`Declaration to Vacate Dismissal and Enter Judgment Under Termsof § 664.6 Stipulation
`DDOOOIET| CRR
`
`Underthe terms ofthe stipulation,a down payment of $750.91 was due onor before April
`15, 2022 followed by a minimumof $750.83 was to be paid on or before the 15th day of
`each and every month commencing in May, 2022 followed by a final payment of $745.88
`on or before November 15, 2024, and would be delinquentif not received as set forth in
`the stipulation. The stipulation provided that a default in any monthly installment would
`entitle Plaintiff to enter judgment for the amount stated, less credit for any payments
`
`received.
`Code of Civil Procedure § 664.6 provides in pertinent part that: “If parties to pending
`litigation stipulate...for settlement of the case...the court, upon motion, may enter
`judgment pursuant to the terms of the settlement.
`If requested by the parties, the court
`mayretain jurisdiction over the parties to enforce the settlement until performance infull
`
`of the terms of the settlement.”
`Here, the Parties stipulated for settlement of the case and signed a conditional settlement
`agreement asking the Courtto retain jurisdiction under CCP § 664.6.
`Defendant has defaulted in the payment agreement. No payments have been received
`since April 12, 2024. Plaintiff acknowledges credit in the sum of $10,986.69, Defendant
`was provided with 10 days written notice of default and Plaintiff's intention to request
`entry of default and default judgment, a copy of which is attached hereto and marked
`
`
`
`HUNT&HENRIQUES,LLP
`
`
`
`
`
`7017REALMDRIVE
`
`
`
`
`
`SANJOSECALIFORNIA95119
`
`
`
`
`
`TELEPHONE:(800)680-2426
`
`
`
`
`
`FACSIMILE:(408)362-2299
`
`&WidN
`OoeoZsHDMN
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`Ruonan Wang SBN 355037
`Hunt & Henriques, LLP
`Attorneys forPlaintiff
`
`oe wwage 3 of 3
`ee
`
`Declaration to Vacate Dismissal and Enter Judgment Under Termsof § 664.6 Stipulation
`DDOOOLET| CRR
`1466586.001
`
`7.
`
`As per the agreement and due to Defendant's default, Plaintiff respectfully requests that
`any dismissal that may have been entered be set aside and judgment entered in favor of
`Plaintiff and against Defendant, for the principal sum of $13,035.00, and court costs in
`the sum of $437.00 for a total judgment of $13,472.00.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed on
`
`August 28, 2024, in San José, California.
`
`
`
`
`
`1
`2
`3
`4
`
`5 6
`
`7
`
`8 9
`
`10
`11
`
`12
`
`13
`
`|
`|
`|
`
`|
`
`oO
`
`|_
`
`we
`
` Besea 14
`| 84288
`
`an
`Wow « ff
`— msoZ2 A
`
`DERE 16
`«gS eae
`|
`2 Gee 17
`
`||
`
`
`
`|
`
`
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`
`
`Exhibit A
`
`
`

`

`SA
`
`OoCOMSN
`
`
`
`
`
`
`
`HUNT&HENRIQUES,LLP
`
`ALIFORNIA95119=:(800)686-2426
`
`
`ALMDRIVEf
`TELEPHON
`7017R:
`SANJOSE¢4
`
`- Ne
`
`
`
`
`
`FACSIMILE:(408)362-2299
`
`
`
`
`
`
`Hunt & Henriques, LLP
`DonaldSherrill, Fsq. #266038
`7017 Realm Drive
`San José CA 95119
`Telephone: (800) 680-2426
`Facsimile: (408) 362-2299
`Attorneys for Plaintiff
`oo.
`.
`tae!
`Debt collection license application pending.
`
`ELECTRONICALLY
`FILED
`Superior Court of California,
`Countyof San Francisco
`04/01/2022
`Clerk of the Court
`BY: BOWMAN LIU
`Deputy Clerk
`
`SUPERIOR COURT OF CALIFORNIA, COUNTYOF SAN FRANCISCO
`
`SAN FRANCISCO LIMITED DIVISION - LIMITED CIVIL CASI
`
`Capital One Bank (USA), N.A,,
`
`Case No. CGC-21-59477]
`
`Plaintiff,
`
`| STIPULATION AGREEMENT
`
`Vs.
`JOHNREY [MAGCALING.
`
`Defendant
`
`JURISDICTION RETAINED UNDER
`CODE OFCIVIL PROCEDURE§ 664.6
`
`WPS HEREBY STIPULATED by and betweenthe parties hereto:
`
`1.
`
`JOHNREY T MAGCALING (“Defendant”) stipulates to the entry of judgment in favor of
`
`Capital One Bank (USA), N.A. (Plaintiff?) in the principal sum of $24,021.69 plus court
`
`costs pursuant to a memorandumofcosts (which will be limited to Plaintiff's Fee for filing
`the complaint, Plaintiff's fee for service of process; fees (including any reporter fee that the
`court may require at the time a motion or application ts filed) for any motion, application,
`and/or order that has been granted,
`including the motion or application to enforce this
`Agreement and any order fee required to file the attached proposed order; and Defendant's
`first appearance feeif Plaintiff advances that fee in orderto file this Agreement); less credit
`for payments made in good funds before the time of default,
`
`the accurate |
`
`
`
`|
`
`the “Parties”) agree that $24,021.69 is
`(together,
`2. Plainuff and Defendant
`Page | of 7
`nets ce net
`Settlement Agreement (CodeofCivilProcedure&664.6)00ome
`Ae
`‘
`acedure § 664,
`F008)
`1466586.001
`400950.06
`
`.
`
`,
`
`DDO002ZVWTALES
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`HUNT&HENRIQUES,LLP
`
`
`
`7017REALMDRIVE
`
`
`
`LEPHONE:(800)
`
`T
`
`426
`80-Za &,
`
`62-2299
`
`jo
`
`
`
`FACSIMILE:(4083
`
`liquidated amount owed by Defendant
`
`for
`
`the account number ending in 2215 (the
`
`“Account”).
`
`Notwithstanding Defendant’s agreement to have judgment entered against him/her, Plaintiff
`
`will not request that judgment be entered so long as Defendant
`
`is not
`
`in default with the
`
`payment plan set forth herein.
`
`Defendant agrees to pay to Plaintiffa down payment of $750.91 on or before Apri! 15, 2022
`
`followed by a minimum of $750.83 on or before the [5th day of cach and every mouth
`
`commencing in May, 2022 followed by afinal payment of $745.88 on ar before November
`
`15, 2024, until the Defendant has paid the Judgment Amount. These consecutive monthly
`
`installments,
`
`totaling $24,021.69,
`
`limely received, will constitute full satisfaction of the
`
`Judgment Amount, If Defendanttimely makes 24 ofthe 32 installmerd payments when due,
`
`totaling $18,020.00, Defendant may deductthe remaining payments, totaling $6,001.69, from
`
`the remaining balance then due. Time is of the essence with respect to all payments. If
`
`Defendant fails to make full and timely payment of any installment or if any payment is
`
`reversed, then Defendantwill notbe entitled to any deduction, the full remaining balance will
`
`be due, and Plaintiff shall be entitled to enter judgment for the Judgment Amount plus court
`
`costs pursuant to a memorandumofcosts (which will be Limited to Plaintiffs fee for {ing
`the complaint; Plaintiff's fee for service of process; fecs (including any reporter fee that the
`court may require at tbe time a motion orapplication is filed) for any motion, application,
`and/or order that has been granted,
`including the motion or application to enforce this
`
`Agreement and any order fee required to file tbe attached proposed order: and Defendant's
`
`first appearancefee if Plaintilf advances that fee in orderto file this Agrcenent): less credit
`for payments made in good funds before the time of default.
`
`
`
`
`
`
`
`
`
`ws
`
`6
`
`
`
`26
`
`27
`
`28
`
`Acceptance of any one or more late or partial payments by Plaingff or anyone acting on
`Plaintiffs behalf shall neither constitute a waiver of, nor in any way prejudice, Plaintiffs
`right to demand and receive timely payments thereafier or to declare a default hereunder,
`Plaintiff's faihre to declare a default under this Stipulation when so entitled, shall neither
`consutute a waiver of, nor in any way prejudice, Plaintiffs right
`(o declare a default
`Page 2 of 7
`Settlement Agreement(Code af CivilProcedure $664.6)
`
`:
`
`1460586.001
`
`DNO02VW LARS
`
`

`

`
`
`
`
`
`
`
`8.
`
`I
`
`2
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`9
`10
`M1
`
`b
`12
`ae i #8 13
`Bh 5 si 14
`
`
`Heady 15
`B® ad 4
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`&z
`
`a
`
`~
`
`
`
`
`
`
`
`
`
`DDO00O2VW | AES
`
`“tooseeon
`
`thereafter,
`
`6. Payments due as stipulated above shall be made payable to Capital One Bank (USA), NA,
`notated with Defendant’s account numberand sent to the following payment address:
`
`Hunt & Henriques, LLP
`
`7017 Realm Drive
`
`San José CA 95119
`
`7, The Parties jointly request that this court retain jurisdiction under Code of Civil Procedure
`
`future hearings and stayall
`§ 664.6. The Parties further request that this court vacate all
`further action on this case pending complction ofthe Parties’ respective obligations under
`this Stipulation, If and only if local rules so require, the Parties, by their signatures below,
`authorize the court
`to dismiss this case without prejudice,
`‘lo the extent that
`the court
`
`
`
`
`
`dismisses the case without prejudice and pursuant to Code of Civil Procedure § 664.6, the
`court shall retain jurisdiction. The Parties further agree that
`in the event of a default in
`payments and upon Plaintiff's motion served and filed in accordance with Code of Civil
`Procedure § 1005(b),
`the court shall
`reopen the case, vacate any dismissal, and cater
`judgment for the Judgment Amount plus any motion and/or order fee(s) required by the
`court, less credit for payments made. Notice does not give Defendant a right to cure; notice
`only gives Defendant a right to appear and offer evidence that Defendant did not default on
`the payment plan. The Partics also agree to, and do, voluntarily waive all statutes of|
`limitation and any other legal impediment or bar to this court (rom continuing or resuming
`jurisdiction of this case including, but not
`limited to, waiver of rights and provisions of
`California Code of Civil Procedure §§ 583.160), 583.219, 583.310, 583.360, 583.410,
`583.420, and all other provisions of California law regarding dismissal ofactions for failure |
`to prosecute or to bring an action to trial within any timetimil,
`If Defendantsatisfies his/her payment obligations hereunder, then Plaintiff shall dismiss this
`case with prejudice after the final payment has becn determined to be in good funds.
`Ifthe
`court has already dismissed the case withoutprejudice, then it will be sufficient for Plaintift
`to let the dismissal stand.xcept as otherwise provided herein, cach ofthe Parties agree to
`ees
`Page 3 of 7
`Settlement Agroement (Cade of Civil Procedure § 664.6)
`;
`
`

`

`l
`
`nw
`
`3
`
`bear the expense of its own attorney fecs and court costs in connection with the matters
`
`addressed herein. Further, if the case is dismissed with prejudice, then Defendant will pot be
`
`considered a prevailing party.
`
`4||9. The Parties agree that a commissionerofthe court may hear any proceeding arising fromthis
`5
`Stipulation.
`
`
`
`
`|
`
`|
`
`
`|
`
`|
`|
`
`
`
`
`
`
`6
`7
`8
`9
`10
`1]
`12
`
`b
`
`&
`
`ae eS
`
`fe i aa 13
`ge a 14
`BansBaGus 15
`‘ R nao 16
`z 17
`18
`19
`20
`21
`22
`23
`
`24
`25
`26
`27
`28
`
`|
`
`10. Effective as of the date Defendant cxecutes this Stipulation, Defendant, on Defendant's
`behalf and on behalf ofall of Defendant’s agents, assigns, heirs, successors, servants, and
`representatives, including attorneys, releases and discharges Plaintiff andall ofits affiliates,
`parents,
`and/or
`subsidiary
`corporations,
`account
`servicers
`and
`sub-servicers,
`its
`representatives, managing partners, officers, directors. shareholders, employees, agents.
`assigns, predecessors, successors, servants, insurers, licensees, and representatives including
`attorneys (the “Releasees”) from anyand all known or unknownclaims, demands and causes
`
`of action and claims of any kind (including any claims for damages, interest, fees, and/or
`attorney fees) that Defendant may have with respect
`to the Account,
`including without
`limitation all claims that were asserted or could have been asserted in the above-captioned
`matter (the “Matters Released”).
`‘This release by Defendant does not extend to any other
`accounts, agreements, debts, loans, promissary notes, mortgages. liabilities, or other financial
`obligations that Defendant may have with any Releasce.
`11. Except as otherwise set
`forth herein, Defendant agrees that Defendant will not file any
`claims, complaints, affidavits, arbitrations, or proceedings with respect
`to the Matlers
`|
`Released against any of the Releasees, and that any such claims, complaints, affidavits,
`arbitrations, or proceedings filed prior to the execution ofthis Stipulation shall promptly be;
`dismissed or withdrawn with prejudice. ‘This Supulation is intended to resalve forever the
`
`
`
`entire disagreement between Defendant and Plaintiff.
`12. Upon timely receipt and full negotiation ofthe payments as stated abave, Plainti{freleases
`and discharges Defendant in connection with anyclaims it may have relating to the Account.
`This release by Plaintiff does not extend to any other accounts, agreements, debts,
`loans,
`promissory notes, morigages,
`liabilities, or other financial obligations that Defendant may
`eeveees matectinennaear
`venadWBE A OF?
`Setilement Agreement (Code of Civil Procedure: § 664.6)
`,
`DDO002VW TALES
`
`oO
`11G65586,001
`
`—
`
`|
`
`|
`
`
`
`

`

`
`
`4
`
`6
`
`
`
`
`
`26
`
`27
`
`28
`
`have with any Releasee.
`
`Effective as of the date Defendant executes this Stipulation, Defendant expressly waives and
`
`relinquishes all rights and benefits that he/she has or may have under California Civil Code
`
`Section 1542, That section states: “A general release does not extend to claims that
`
`the
`
`creditor or releasing party does not know orsuspect to exist in bis or her favor at the time of
`
`executing the release andthat, if known by him or her, would have materially affected his or
`her settlement with the debtor or
`released party.” Defendant acknowledges
`that
`the
`significance and consequence ofthis waiver is that even if he or she should eventually suffer
`additional damages arising out of the Account, orthe above-referenced matter, he or she will
`
`not be permitted to make any claim for
`those damages.
`Furthermore, Defendant
`acknowledges that he or she intends that consequence even as to claims for damages that
`may exist as ofthe date this Stipulation is exceuted, but which he or she dees not know exist,
`and which, if known, would materially affect his or her decision to execute this Stipulation,
`regardless of whether his or her lack of knowledgeis the result of ignorance, oversight, error,
`neghgence, or any other cause.
`Said waiver is specific to the Account and the above-
`captioned matter and docs not extend to any other accounts orother financial obligationsthat
`Defendant may have with any Releasce.
`
`
`
`it has or may have
`Plaintiff expressly waives and relinquishes all rights and benefils that
`under California Civil Code Section 1542. That scetion states: “A general release does not
`extend to claimsthat the creditor orreleasing party does not knowor suspeet to exist in his er
`her favor at
`the time of executing the release andthat. if known by tim or her, would have
`materially affected his or her settlement with the deblor or
`released party.” Plaintiff
`acknowledgesthat the significance and consequenceofthis waiveris that even if it should
`eventually suffer additional damages arising out ofthe Account, or the above-referenced
`matter, it will not be permitted to make any claimfor those damages. Furthermore, Plaintiff
`acknowledges that it intends that consequence even as to claims for damages that may exist
`
`as of the date this Stipulation is executed, but which it does not know exists, and which, if
`
`known, would materially affectits decision to execute this Stipulation. regardless of whether
`Pape 5 of 7
`settlement Agreement (Code of Civil Procedure $ 664.0)
`
`|
`
`i 1
`
`i
`
`1466586.001
`
`DDO002VWEAES
`
`S
`
`FACSIMILE:{408}262-2295
`
`3
`
`
`
`
`
`
`
`24,95119
`
`&
`
`7REALMDrv
`
`
`7eSANJOSECALIFOR
`
`1680-2426
`
`TELEPHONE:{800}
`
`
`
`HUNT&HENRIQUES,LLP
`
`
`
`
`
`
`
`

`

`its lack of knowledge is the result of ignorance, oversight, error, negligence, or any other
`cause, Said waiveris specific to the Account and the above-captioned matter and does not
`extend to any other accounts or other financial obligations that Defendant may have with any
`Releasee, Plaintif{Ps waiveris not effective until all payments owed by Defendant uncerthis
`Stipulation have beenpaid.
`
`15. The negotiations leading to the terms ofthis Stipulation and any andall facts related to the
`Matters Released are confidential. The Parties agree not to disclose the above to any person
`except as may be necessary for the preparation of financial statements or tax returns, or as
`may be required by law, or by valid Order of Court. [any Party or person acting, on behalf of
`a Party hereto receives an inquiry about this Stipulation, such Puty will respond onlythat
`“the matter has been resolved.” Nothing in this Stipulation shall, however, be deemed to
`interfere with each Party’s obligation to report transactions with appropriate governmental,
`taxing, and/or registering agencies or to comply with the law or a valid Court Order.
`In
`addition, nothing in this Stipulation prohibits or limits the Parties or their counsel from
`initiating communications dircetly with,
`responding to any inquiry from, volunteering
`information to, or providing testimony before, the Office ofthe Comptroller ofthe Currency,
`Bureau of Consumer Financial
`Protection, Securities
`and Exchange Commission,
`
`Departmentof Justice, any otherself-regulatory organization or any other governmental, law |
`enforcement, or regulatory authority. regarding this Stipulation and its underlying facts and
`circumstances, or any reporting of,
`investi~fation ino, or proceeding regarding suspected
`violations of law, and that the Parties are not required to advise or seek permission before
`engaging in any such activity.
`/urthermore, Defendant understands that this Stipulation may |
`be filed with the court.
`
`
`
`
`
`
`|
`
`
`
`
`
`1
`2
`3
`4
`5
`
`6
`7
`8
`9
`10
`1]
`fe
`12
`5 z a8 13
`36 33 14
`eei bg eo 15
`5 &
`: é 16
`2°
`17
`
`
`
`Oe a
`
`18
`19
`20
`at
`22
`23
`
`24
`25
`26
`27
`28
`
`
`
`
`|i
`
`16. The Parties represent and warrant that they havenotsold, (ransferred, conveyed, assigned, or
`otherwise disposed of any right,
`title, or interest
`in any of the Matters Released orthis
`Stipulation to any personorentity, and that the Parties are hot aware of any other person or
`entity who may have or whohasasserted or can assert a right, tile, or interest in any ofthe
`Matters Released orthis Stipulation. The Parties further represent and warrant that they are
`
`Page 6 of 7
`~ Settlement“‘Agreement(C ‘ode of Ccivil Procedure 8 664.6}
`
`|
`
`1466586.001
`
`DNOON2VWT AES
`
`

`

`G6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`BR SS
`
`BAERS
`
`tb
`12
`3 a a 8 13
`36 588 14
`& bg ey 15
`' & 2 s i 16
`eo" 17
`18
`19
`
`4
`32
`23
`
`24
`°
`25
`06
`.
`
`28
`
`
`
`
`
`
`
`
`
`|
`
`i
`|
`
`
`
`
`
`
` |
`
`
`
`|
`
`2
`3
`4
`5
`
`duly authorized and fully capable of executing this Stipulation and understand ils contents.
`
`17, Defendant acknowledges that Defendant has not sought, received or relied on Plaintiff,
`PlaintifPs counsel or any agent of Plaintiff for any tax advice of any kind with respect to the
`effects of this Stipulation,
`the Matters Released, or
`the delivery or payment of any
`consideration identified herein and Plaintiff may be required to file certain 1099 or other
`
`
`
`
`
`information reports with the United States Internal Revenue Service. Defendant has been
`
`advised to consult with tax counsel of Defendant’s own choice to scek legal and tax advice
`
`regarding the taxability or non-taxability of consideration provided herein,
`
`18. Defendant acknowledges having had the opportunity to consult with legal counsel of his/her
`
`choice concerning Delendant’s legal rights with respeet
`
`to the form and content of this
`
`Stipulation and the advisability of executing it. Defendant has read this Stipulation andis
`
`executing it voluntarily and not under duress of any kind.
`19. This Stipulation maybe signed in counterparts, and the counterparts togethershall constitute
`one document. Counterparts including faxed, scanned, or photocopied signatures shall be as
`valid as an original.
`20. This Stipulation contains the entire agreement of the Parties. There are no oral or written
`agreements or understandings not contained herein.
`21. Any attorney who signs fora party, represents by that signature that the allorhey is expressly
`we TTT I ta
`authorized by the party to sign this Agreement. a
`
`
`ee
`JOHNREYT MAGCALING”
`Defendant (or Attorney, ag expressly authorized
`by JOUNRLEY I MAGCALING)
`untaete
`hl LAELe coven
`Capital One Bank (USA), N.A..
`Legal Representative (or Attorneyas expressly
`authorized by Capital One Bank (USA), NLA.)
`NAME"... AlexanderBalzerCarr-SBN-338024
`
`Dated. Mareh 30, 2022 7:03pm
`Oe meen
`-
`
`Dated:
`
`MAR 3 1 2022
`—————s
`
`
`
`Pave 7 of 7
`SettlementAgreement (Code of CivilPaxcedure§664.6)
`
`1160586.001
`
`DN0002VW | AES
`
`

`

`
`
`
`
`

`

`Donald Sherrill, Esq. #266038
`7017 Realm Drive
`San José CA95119.
`Telephone: (800) 680-2426
`Facsimile: (408) 362-2299
`Attorneysfor Plaintiff
`CA Debt Collection License No. 10136-99
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`SAN FRANCISCO LIMITED DIVISION — LIMITED CIVIL JURISDICTION
`
`Capital One Bank (USA), N.A.,
`Plaintiff,
`
`|
`
`vs.
`
`JOHNREY I MAGCALING,
`
`Defendant(s).
`
`
`
`Case No. CGC-21-594771
`
`NOTICE OF INTENTION TO REQUEST
`ENTRY OF JUDGMENT UNDER
`STIPULATION
`
` Hunt & Henriques, LLP
`0OoNSNHNHWBRWHYOe&
`MwNNNYKYNYNNYKY|eoUNAAKRONS&—5S©eHBAAREBH2S
`_Pagel
`
`You are herebynotified that youare $10,036.63 past due in yourobligation under terms of
`ourstipulation. Please pay this money within ten (1 0) days from this date; otherwise, Plaintiff will
`apply for entry ofjudgment. This notice is not a right to cure; because youare in default on your
`obligations, any right to a deduction of remaining payments (if applicable) from the remaining
`balance then due in { 4 of the agreementhasbeenforfeited. After the above past due amount has
`
`been paid, you must continue making the agreed upon payments until the “accurate liquidated
`
`amount” under §/ 2 of the agreement has been paid in full.
`
`if
`
`//
`
`Notice ofIntention to Request Entry of Judgment UnderStipulation
`STIP DUS-TDN-POSI.1 | ALZ
`
`1466586.001
`
`
`
`
`
`
`
`FACSIMILE:(408)362-2299
`
`
`
`
`
`SANJOSECALIFORNIA95119
`
`
`
`
`
`TELEPHONE:(800)680-2426
`
`
`
`HUNT&HENRIQUES,LLP
`
`
`
`7017REALMDRIVE
`
`
`
`

`

`
`
`
`
`
`
`HUNT&HENRIQUES,LLP
`
`
`
`
`
`7017REALMDRIVE
`
`
`
`
`
`SANJOSECALIFORNIA95119
`
`
`
`
`
`TELEPHONE:(800)680-2426
`
`
`
`
`
`FACSIMILE:(408)362-2299
`
`ROoe
`
`CoeoKNDNHRSeWH
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`When making a payment, please indicate your file number: 1466586. Please make your
`payment payable to Capital One Bank (USA), N.A., and send to:
`Hunt & Henriques, LLP
`
`7017 Realm Dr.,
`
`payment.
`
`San José, CA 95119
`Or, you maycalltoll free (800) 680-2426, and a representative will assist in processing your
`JUL 1 5 2024
`XD
`
`
`Ruonan Wang SBN 355037
`Hunt & Henriques, LLP
`Attorneysfor Plaintiff
`
`Dated:
`
`1466586.001
`
`ee
`
`_Page2
`"Notice of Intentionto Request Entry of Judgment UnderStipulation
`STIP DUS-TDN-POS1.1 | ALZ
`
`

`

`RE:
`
`PROOFOF SERVICE
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`SAN FRANCISCO LIMITED DIVISION
`Capital One Bank (USA), N.A. vs. JOHNREY I MAGCALING
`Case Number: CGC-21-594771
`Lam aresidentof, or employedin,the County ofSantaClara, State ofCalifornia; I am overthe age of18 years and
`not a party to the within entitled action; my business address is 7017 Realm Dr., San José, CA 95119.
`On
`PUL 16 2024
`,
`I served the foregoing document, described as NOTICE OF
`INTENTION TO REQUEST ENTRY OF JUDGMENT UNDER STIPULATIONonthe interested
`parties to said action by the following means:
`Xx
`(By Mail)
`Byplacing atrue copy thereof, enclosedinasealedenvelopewithpostagethereonfullyprepaid, forcollection
`and mailing onthat date following ordinary businesspracticés,inthe United States Mailatthe offices ofHunt & Henriques, LLP,
`California, addressed as shown below.
`J am readily familiar with this business's practice for collection and processing of
`correspondencefor mailingwiththeU.S.Postal Service, and intheordinary courseofbusiness correspondencewouldbe deposited
`with the U.S. Postal Service the same day it was placed for collection and processing.
`(By Mail)
`Byplacing atrue copythereof, enclosedinasealedenvelopewithpostagethereonfullyprepaid,intheUnited
`States Mail at San José, California, addressed as shown below.
`(By Hand Delivery)
`By causing a true copy thereof, enclosed in a sealed envelope,to. be delivered by handto the
`
`addresses shown below.
`
`:
`
`Bypersonally deliveringatrue copy thereof, enclosedinasealedenvelope,totheaddressesshown
`
`(By Personal Service)
`below.
`Byplacingatrue copy thereof, enclosed inasealedenvelope, with delivery
`(By Overnight Delivery)
`, addressed as shownbelow.
`chargesprepaid, to be sent by
`~ By transmitting atrue copy thereofbyfacsimile transmission from facsimile number
`(By Facsimile Transmission)
`(408) 362-2299,to the interestedparties to said action; the transmissionwasreportedas complete and withouterror, andacopyof
`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.
`Ideclare under penalty ofperjury that the foregoing is true and correct, and that Iam employedin the
`office of a memberofthe Barofthis Court at whosedirection the service was made.
` in Sanf Osf, Santa Clara Cou California. Executed on
`
`,yie-2924—|, .
`
`
`
`
`
`NAME AND ADDRESS OF EACH PERSON SERVED:
`
`JOHNREY I MAGCALING
`c/o Kazerouni Law Group, APC
`245 Fischer Avenue Ste DI
`COSTA MESA CA 92626-4539
`
`
`
`
`
`