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 73 |
Filed: 11/10/2010, Entered: 11/10/2010 |
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Proof Of Service Of Order On Motion For Atty Fees Served On Capital One Bank By Mail With A Service Date Of 11/05/10.
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 Request |
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| 72 |
Filed: 11/4/2010, Entered: 11/4/2010 |
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Judgment Of Dismissal On Complaint Filed 09/02/2003 Of Capital One Bank As To Arthur C Taber Filed
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Request |
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| 71 |
Filed: 11/4/2010, Entered: 11/4/2010 |
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Order Awarding Attorneys Fees, Signed By Judge Buchwald On 11/02/10, Filed.
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Request |
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| 70 |
Filed: None, Entered: None |
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Minutes: Plaintiff Capital One Bank Is Ordered To Pay Attorneys Fees To Defendant Arthur C. Taber In The Amount Of $8,312.50 As An Item Of Costs. Plaintiff Is To Pay Defendant Legal Costs Of $245.00 Being Filing Fees Paid By Taber To This Court.
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 69 |
Filed: None, Entered: None |
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Minutes: Honorable Gerald J. Buchwald, Judge Presiding. Clerk: Alma De La Rosa Court Reporter: Rosa Martinez Attorney(s): Steve Schaiman Present On Behalf Of Michael Khan Attorney(s): Sidney Lovan Present On Behalf Of Arthur C. Taber The Parties Make Their Arguments To The Court. Tentative Ruling Adopted And Becomes The Order: Granted. Defendants Motion For An Order Awarding Reasonable Attorneys Fees As Costs And Application For Allowance Of Expenses Of Attachment As Costs Is Granted. - -. Plaintiff Shall Pay To Defendant The Sum Of $8,312.50 In Attorneys Fees And The Sum Of $245 In Costs. - -. Plaintiff Concedes That Attorneys Fees Are Authorized By Contract And That Defendant Is The Prevailing Party. The Court Finds That The Attorneys Fees Requested Are Reasonable And The Sum Of $245 In Costs Is Verified And Not The Subject Of A Motion To Tax Or Strike. - -. Based On Its 33 Years Experience In Private Civil Law Practice, Which Included Acting As Claims Counsel For Insurers Where The Court Had The Authority To Approve Or Reject Attorneys Fee Bills, And Based On Its Experience For 5 1/2 Years Now In Considering Submitted Applications For Attorneys Fees, The Court Finds Mr. Lorvans Requested Fees Fair And Reasonable For The Legal Services Rendered. - -. While It Is Understandable That Plaintiff Contends That This Was A Simple Debt Collection Case, For The Defendant This Was An Effort To Set Aside A Judgment, Avoid Further Garnishment And Obtain A Dismissal Of The Case. While It Was Arguably Not Difficult, It Was Fact-intensive In Terms Of Assembling The Necessary Declarations Which Were Quite Detailed. Also, As Defendant Points Out, The Defense Tried To Resolve This Case Before Filing His Initial Motion And Plaintiff Never Responded. Defendant Was Successful In Achieving His Desired Outcome. Had Plaintiff Conceded After The Request For Default Was Successfully Set Aside, Some Of The Fees Could Have Been Avoided. The Same Is True Had Plaintiff Simply Responded To Defendant-s Initial Letter Before Any Motions Were Filed. - -. Formal Order Submitted And Signed By The Court. If There Is An Objection To The Formal Order Submitted To The Court, A Fax Or Letter Is To Be Submitted To Dept. 10 With In 5 Days. Entered By Alma De La Rosa On 09/08/10.
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 68 |
Filed: 9/1/2010, Entered: 9/1/2010 |
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Proof Of Service Of Response To Opposition With Supporting Docs Served On Patenaude & Felix By Mail With A Service Date Of 09/01/10.
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Request |
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| 67 |
Filed: 9/1/2010, Entered: 9/1/2010 |
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Arthur C Taber`s Response To Opposition To Motion For Attorney Fees And Costs Filed.
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Request |
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| 66 |
Filed: 9/1/2010, Entered: 9/1/2010 |
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Exhibit A To Response To Plaintiffs Opposition To Motion For Attorney Fees And Costs, Filed.
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Request |
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| 65 |
Filed: 8/27/2010, Entered: 8/27/2010 |
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Opposition To Motion For Attorney Fees And Costs Filed By Capital One Bank
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Request |
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| 64 |
Filed: 8/27/2010, Entered: 8/27/2010 |
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Proof Of Service Of Opp. To Motion For Atty Fees Served On Sidney Lorvan By Mail With A Service Date Of 08/23/10.
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Request |
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| 63 |
Filed: 8/9/2010, Entered: 8/9/2010 |
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Proof Of Service Of Dec. Of Sidney Lorvan Re Attorney Fees Served On Patenaude & Felix By Mail With A Service Date Of 08/04/10.
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Request |
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| 62 |
Filed: 8/9/2010, Entered: 8/9/2010 |
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Declaration Of Sidney Lorvan Re Attorneys Fees Before Filing Of Motion Re Costs Filed By Arthur C Taber
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Request |
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| 61 |
Filed: 8/3/2010, Entered: 8/3/2010 |
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Pre-judgment Memorandum Of Costs In The Amount Of $245.00 Filed By Arthur C Taber
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Request |
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| 60 |
Filed: 8/3/2010, Entered: 8/3/2010 |
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Proof Of Service Of Def. Notice Of Motion With Supporting Docs Served On Patenaude & Felix By Mail With A Service Date Of 08/03/10.
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Request |
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| 59 |
Filed: 8/3/2010, Entered: 8/3/2010 |
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Declaration Of Sidney Lorvan
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Request |
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| 58 |
Filed: 8/3/2010, Entered: 8/3/2010 |
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Notice Of Motion And Motion For Order Awarding Attorney Fees And Costs Filed By Arthur C Taber
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Request |
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| 57 |
Filed: 7/26/2010, Entered: 7/26/2010 |
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Received Order On Motion To Dismiss Action.
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Request |
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| 56 |
Filed: 7/26/2010, Entered: 7/26/2010 |
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Proof Of Service By Mail Of Notice Of Entry Of Order,etc Served On Capital One Bank Filed. Date Of Mailing 07/21/10.
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Request |
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| 55 |
Filed: 7/26/2010, Entered: 7/26/2010 |
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Notice Of Entry Of Order To Set Aside Default/judgment Filed By Arthur C Taber.
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Request |
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| 54 |
Filed: 7/26/2010, Entered: 7/26/2010 |
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Notice Of Entry Of Order To Dismiss Action Filed By Arthur C Taber.
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Request |
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| 53 |
Filed: 7/20/2010, Entered: 7/20/2010 |
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Order On Motion To Dismiss Action, Signed By Judge Buchwald On 07/20/10, Filed.
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Request |
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| 52 |
Filed: None, Entered: None |
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Minutes: Case Dismissed. Action Is Dismissed With Prejudice; Defendant To Have Costs Of Suit.
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 51 |
Filed: None, Entered: None |
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Minutes: Honorable Gerald J. Buchwald, Judge Presiding. Clerk: Alma De La Rosa Court Reporter: Rosa Martinez Attorney(s): Steve Schaiman Special Appearance On Behalf Of Capitol One Attorney(s): Sidney Lorvan Present On Behalf Of Arthur C. Taber The Parties Make Their Arguments To The Court. Tentative Ruling Adopted And Becomes The Order: Although Defendant Erroneously Refers To A Subsection "(21)", It Is Clear From Defendants Paraphrasing Of The Statute That Movant Is Citing Section 583.250(a). Section 583.250 Provides That (a) If Service Is Not Made In An Action Within The Time Prescribed In This Article, (1) The Action Shall Not Be Further Prosecuted And No Further Proceedings Shall Be Held In The Action; And (2) The Action Shall Be Dismissed By The Court On Its Own Motion Or On Motion Of Any Person Interested In The Action, Whether Named As A Party Or Not, After Notice To The Parties. - -. Section 583.210 Provides That Plaintiff Has Three Years To Serve The Summons And Complaint On Defendant After The Action Is Commenced. An Action Is Commenced When The Complaint Is Filed. Furthermore, Proof Of Service Of The Summons Shall Be Filed Within 60 Days After The Time The Summons And Complaint Must Be Served Upon Defendant. - -. In Granting The Order On Motion To Set Aside Void Default And Default Judgment, This Court Previously Found That Defendant Had Not Been Served With The Summons And Complaint In 2003. While Proof Of Service Showed That Defendant Taber Was Personally Served At 1020 Saint Francis Blvd. On October 19, 2003, Defendant Established That He Moved Out Of The Apartment On October 17, 2003 And Returned Only On Occasion, Twice, Before Turning In The Keys At The End Of October 2003. - -. As Noted Above, Ccp Section 583.250 Is Clear That If Service Is Not Made In An Action Within The Time Prescribed In This Article, The Action Shall Not Be Further Prosecuted And Shall Be Dismissed On A Motion By The Court Or Any Person Interested. - -. The Matter Does Not Turn On The Plaintiffs Alleged Good Faith Belief That Service Was Properly Accomplished. And Plaintiff Cites No Authority To The Contrary. Defendant Is Entitled To Costs. Formal Order Submitted And Signed By The Court. Entered By Alma De La Rosa On 07/20/10.
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 50 |
Filed: 7/15/2010, Entered: 7/15/2010 |
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Proposed Order Received.
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Request |
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| 49 |
Filed: 7/15/2010, Entered: 7/15/2010 |
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Proof Of Service Of Response To Plaintiffs Opp W/sup Docs Served On Raymond A. Patenaude, Esq. By Mail With A Service Date Of 07/13/10.
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Request |
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| 48 |
Filed: 7/15/2010, Entered: 7/15/2010 |
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Arthur C Taber`s Response To Plaintiffs Opposition To Defendants Motion To Dismiss Action Filed.
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Request |
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| 47 |
Filed: 7/7/2010, Entered: 7/7/2010 |
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Opposition To Defendants Motion To Dismiss Action Filed By Capital One Bank
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Request |
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| 46 |
Filed: 7/7/2010, Entered: 7/7/2010 |
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Proposed Order Received.
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Request |
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| 45 |
Filed: 7/7/2010, Entered: 7/7/2010 |
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Proof Of Service Of Opposition To Motion To Dismiss W/sup Docs Served On Sidney Lorvan, Esq. By Mail With A Service Date Of 07/01/10.
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Request |
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| 44 |
Filed: 6/21/2010, Entered: 6/21/2010 |
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Proof Of Service (by Mail) Of Order To Set Aside Default * Served On Patenaude & Felix With A Service Date Of 06/16/10 Filed.
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Request |
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| 43 |
Filed: 6/15/2010, Entered: 6/15/2010 |
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Order Setting Aside Judgment Signed By Judge Buchwald On 06/13/10, Filed
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Request |
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| 42 |
Filed: 6/15/2010, Entered: 6/15/2010 |
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Set Aside Request For Entry Of Default Against Arthur C Taber.
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Request |
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| 41 |
Filed: 6/11/2010, Entered: 6/11/2010 |
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Defendants Additional Documents Re: Motion To Dismiss Action, Filed.
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Request |
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| 40 |
Filed: 6/11/2010, Entered: 6/11/2010 |
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Proof Of Service Of Additional Docs And Respons. To Opp Served On Patenaude & Felix By Mail With A Service Date Of 06/09/10.
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Request |
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| 39 |
Filed: 6/10/2010, Entered: 6/10/2010 |
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Proof Of Service Of Notice Of Motionn To Dismiss Action Served On Raymond A. Patenaude, Esq By Mail With A Service Date Of 06/03/10.
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Request |
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| 38 |
Filed: 6/2/2010, Entered: 6/2/2010 |
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Notice Of Motion And Motion To Dismiss Action; Memorandum Of Pts. And Authorities; Declaration Filed By Arthur C Taber
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Request |
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| 37 |
Filed: None, Entered: None |
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Minutes: Honorable Gerald J. Buchwald, Judge Presiding. Clerk: Alma De La Rosa Court Reporter: Rosa Martinez Attorney(s): Steve Schaiman Present On Behalf Of Capital One Bank Attorney(s): Sidney Lorvan Present On Behalf Of Arthur C. Taber The Parties Make Their Arguments To The Court. Tentative Ruling Adopted And Becomes The Order: Granted On Condition That Proposed Answer Be Submitted Forthwith. - -. Here, Defendant Taber States That While The Proof Of Service Shows That He Was Personally Served At 1020 Saint Francis Blvd, #2020, Daly City On October 19, 2003, He No Longer Lived At That Address After August 2002, But That He Did Pay Rent And Have The Right To Live There Until October 2003. - -. He States He Finally Left The Apartment On October 17, 2003 And Finished Moving His Personal Property Out On That Date. He Then Returned To The Apartment Twice To Clean The Carpets And For A Final Walkthrough. Defendant States That From August 2002 He Started Living At His Friend Ms. Cravens Apartment In San Francisco, Although He Continued To Pay Rent On His Apartment In Daly City. A Declaration From Ms. Craven Corroborates These Facts. Defendant States He First Learned Of This Lawsuit On November 9, 2009 When He Received Mail From Charles Schwab & Co., Which Included A Notice Of Garnishment And Writ Of Execution. - -. While Plaintiff Asserts That Defendant Has Not Demonstrated A Meritorious Defense, Defendant States That He Closed This Account Around January Of 2002 And Paid Off Any Balance Owed. If Proved, This Allegation Is A "meritorious" Defense. Defendant Does Not Explain Why He Waited Over Five Months To File This Motion. However, Plaintiff Does Not Show Any Resulting Prejudice From The Delay. - -. In The Courts Opinion, Defendant Has Demonstrated Sufficient Evidence That He Never Received Actual Notice Of The Lawsuit And There Appears No Prejudice If The Requested Relief Is Granted. Accordingly, Defendants Motion To Set Aside Default And Default Judgment Is Granted On Condition That On June 2, 2010, Defendant Submit A Proposed Responsive Pleadings To The Complaint. Sidney Lorvan Shall Prepare A Formal Order Consistent With The Orders Herein. Notice Is Waived. Entered By Alma De La Rosa On 06/02/10.
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 36 |
Filed: 5/27/2010, Entered: 5/27/2010 |
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Arthur C Taber`s Response To Opposition To Motion To Vacate Filed.
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Request |
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| 35 |
Filed: 5/26/2010, Entered: 5/26/2010 |
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Proposed Order Received.
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Request |
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| 34 |
Filed: 5/26/2010, Entered: 5/26/2010 |
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Proof Of Service Of Opposition With Supporting Docs Served On Sidney Lorvan, Esq By Mail With A Service Date Of 05/21/10.
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Request |
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| 33 |
Filed: 5/26/2010, Entered: 5/26/2010 |
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Notice Of Non Appearance Filed By Capital One Bank.
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Request |
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| 32 |
Filed: 5/26/2010, Entered: 5/26/2010 |
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Declaration Of Michael D. Kahn In Support Of Opposition To Motion To Vacate Default And Default Judgment Filed By Capital One Bank
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Request |
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| 31 |
Filed: 5/26/2010, Entered: 5/26/2010 |
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Opposition To Defendants Motion To Vacate Default And Default Judgment Filed By Capital One Bank
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Request |
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| 30 |
Filed: 5/14/2010, Entered: 5/14/2010 |
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0002 -- Partially Satisfied
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Request |
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| 29 |
Filed: 5/14/2010, Entered: 5/14/2010 |
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Writ Of Execution From San Francisco County Returned Partially Satisfied.
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Request |
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| 28 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Attorney Added For The Defendant(s)/respondent(s) Arthur C Taber. Attorney: Sidney Lorvan.
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Request |
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| 27 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Proof Of Service (by Mail) Of Notice Of Motion To Set Aside Default; Declarations; Memorandum Served On Patenaude & Felix With A Service Date Of 04/28/10 Filed.
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Request |
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| 26 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Declaration Of Arthur C. Taber
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Request |
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| 25 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Declaration Of Sidney Lorvan
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Request |
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| 24 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Declaration Of Cynthia Jean Cravens
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 23 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Memorandum Of Points And Authorities, Filed.
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Request |
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| 22 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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Notice Of Motion And Motion To Set Aside Default And Default Judgment; Declarations; Memorandum Filed By Arthur C Taber
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Request |
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| 21 |
Filed: 4/28/2010, Entered: 4/28/2010 |
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First Paper Fee Paid By Arthur C Taber.
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Request |
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| 20 |
Filed: 10/2/2009, Entered: 10/2/2009 |
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Writ Of Execution For Money Issued To San Francisco County In The Amount Of $5,578.84
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Request |
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| 19 |
Filed: 10/2/2009, Entered: 10/2/2009 |
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--- Credits In The Amount Of $0.00.
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Request |
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| 18 |
Filed: 10/2/2009, Entered: 10/2/2009 |
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Memorandum Of Costs After Judgment, Acknowledgment Of Credit & Declaration Of Accrued Interest Filed By Capital One Bank. Interest In The Amount Of $1,994.30, Costs In The Amount Of $0.00 ---
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Request |
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| 17 |
Filed: 3/15/2005, Entered: 3/15/2005 |
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Writ Of Money Judgment From San Mateo County Returned Un Satisfied.
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Request |
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| 16 |
Filed: 5/25/2004, Entered: 5/25/2004 |
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Writ Fee In The Amount Of $7.00 Taken.
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Request |
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| 15 |
Filed: 5/25/2004, Entered: 5/25/2004 |
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Memorandum Of Costs After Judgment, Acknowledgment Of Credit & Declaration Of Accrued Interest Filed By Capital One Bank. Interest In The Amount Of $35.11, Costs In The Amount Of $0.00 ---
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Request |
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| 14 |
Filed: 5/25/2004, Entered: 5/25/2004 |
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--- Credits In The Amount Of $0.00.
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Request |
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| 13 |
Filed: 5/25/2004, Entered: 5/25/2004 |
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Writ Of Execution For Money Issued For San Mateo County In The Amount Of $3601.65
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Request |
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| 12 |
Filed: 2/24/2004, Entered: 2/24/2004 |
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Judgment After Default By Court Entered On 02/24/04 As Follows:
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Request |
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| 11 |
Filed: 2/24/2004, Entered: 2/24/2004 |
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Order Granting Use Of Copies, Signed By Judge Runde On 02/24/04, Filed.
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Request |
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| 10 |
Filed: 2/24/2004, Entered: 2/24/2004 |
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Declaration Re Waiver Of Interest Filed By Capital One Bank
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Request |
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| 9 |
Filed: 2/24/2004, Entered: 2/24/2004 |
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Declaration In Lieu Of Testimony Filed By Capital One Bank
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Request |
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| 8 |
Filed: 2/24/2004, Entered: 2/24/2004 |
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Declaration Pursuant To Ccp 1033(b) Filed By Capital One Bank
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Request |
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| 7 |
Filed: 2/19/2004, Entered: 2/19/2004 |
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Original Summons Returned As To Complaint Filed 09/02/2003 Of Capital One Bank.
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Request |
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| 6 |
Filed: 2/19/2004, Entered: 2/19/2004 |
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Request For Default Filed And Default Entered On Complaint Filed 09/02/2003 Of Capital One Bank As To Arthur C Taber.
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Request |
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| 5 |
Filed: 2/19/2004, Entered: 2/19/2004 |
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Default Entered As To Arthur C Taber
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Request |
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| 4 |
Filed: 2/19/2004, Entered: 2/19/2004 |
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Request For Dismissal Of Does/roes On The Complaint Filed 09/02/2003 Of Capital One Bank Without Prejudice Filed And Entered.
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Request |
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| 3 |
Filed: 11/25/2003, Entered: 11/25/2003 |
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Proof Of Service (personal) Of Summons And Complaint Filed 09/02/2003 Of Capital One Bank Served On Arthur C Taber With Service Date Of 10/19/03.
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Request |
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| 2 |
Filed: 9/2/2003, Entered: 9/2/2003 |
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(l) Complaint Filed - Prayer Amount $10,000.00 Or Less.
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Request |
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| 1 |
Filed: 9/2/2003, Entered: 9/2/2003 |
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Summons Issued; 30 Day
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Request |
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August 4, 2010 - Payment 100804-0044 to 
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