****0033
02/08/2017
Disposed - Dismissed
Contract - Debt Collection
Los Angeles, California
NORTHERN CALIFORNIA COLLECTION SERVICE
DOES 1 TO 10
MELENDEZ RIGOBERTO
RIGO'S PAINTING AND CLEANING
CRIBB STEVEN D. ESQ.
LAW OFFICES OF CARLO O REYES
11/2/2017: Minute Order
5/26/2017: Minute Order
4/19/2017: ANSWER TO COMPLAINT
4/11/2017: Minute Order
4/6/2017: PROOF OF SERVICE SUMMONS
4/5/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
2/28/2017: ORDER TO SHOW CAUSE HEARING
2/28/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
2/8/2017: SUMMONS
2/8/2017: COMPLAINT/OPEN BOOK MONIES DUE
2/15/2018: Minute Order
2/13/2018: NOTICE OF SETTLEMENT OF ENTIRE CASE
1/8/2018: Minute Order
Docketat 08:30 AM in Department 40; (OSC RE Dismissal; Order of Dismissal) -
[-] Read LessDocketMinute Order
[-] Read LessDocketNOTICE OF SETTLEMENT OF ENTIRE CASE
[-] Read LessDocketNotice of Settlement; Filed by Northern California Collection Service (Plaintiff)
[-] Read LessDocketat 09:30 AM in Department 40; (Trial; Case Deemed Settled) -
[-] Read LessDocketMinute Order
[-] Read LessDocketat 08:30 AM in Department 40; Status Conference (Status Conference; Matter continued) -
[-] Read LessDocketMinute Order
[-] Read LessDocketat 08:31 AM in Department 40; Case Management Conference - Held
[-] Read LessDocketMinute Order
[-] Read LessDocketPROOF OF SERVICE SUMMONS
[-] Read LessDocketNotice of Case Management Conference; Filed by Clerk
[-] Read LessDocketNOTICE OF CASE MANAGEMENT CONFERENCE
[-] Read LessDocketNotice of Case Management Conference; Filed by Clerk
[-] Read LessDocketORDER TO SHOW CAUSE HEARING
[-] Read LessDocketNOTICE OF CASE MANAGEMENT CONFERENCE
[-] Read LessDocketOSC-Failure to File Proof of Serv; Filed by Clerk
[-] Read LessDocketCOMPLAINT/OPEN BOOK MONIES DUE
[-] Read LessDocketSUMMONS
[-] Read LessDocketComplaint; Filed by Northern California Collection Service (Plaintiff)
[-] Read LessCase Number: ****0033 Hearing Date: September 02, 2020 Dept: 40
MOVING PARTY: Plaintiff Northern California Collection Service, Inc.,
OPPOSITION: None
On February 8, 2017, Plaintiff Northern California Collection Service, Inc., sued Defendant Rigoberto Melendez dba Rigo’s Painting and Cleaning. The only cause of action alleged was an open book account. Defendant had an open book account with the State Compensation Fund for insurance premiums. The State Compensation Fund assigned its rights to the debt to Plaintiff. In February 2018, Plaintiff and Defendant entered into a settlement agreement in which they agreed to settle the matter for $54,000. Defendant made two payments totaling $12,000 but has failed to pay the remainder. Plaintiff requests that judgment be entered in the amount of $65,813.22, as per the agreement.
The agreement between the parties states that:
“If the default is not timely cured, then Plaintiff shall, by ex parte application without further hearing or notice to Defendant, be entitled to have a Judgment entered in the amount stated in the prayer of the Complaint, including $548.00 in court costs, minus credit for payments made by Defendant under this agreement.” (Mtn, Ex. A, ¶4.) Plaintiff requests the following judgment:
$23,376.60 ($52,693.62 at 10% from 11/12/2015-4/20/2020)
- $12.000.00 Payments deducted from interest
=$ 11,376.60 Interest remaining
+
$ 52,693.62 Principal (Prayer)
$ 543.00 Costs
$ 1,200.00 Attorneys’ fees (Permitted by Civil Code ; 1717.5)
=$65,813.22
The Court has reviewed the Complaint and has confirmed Plaintiff’s interest calculation.
Accordingly, Plaintiff’s motion to enforce settlement is GRANTED. Judgment will be entered in accordance with the terms of the agreement, totaling $65,813.22, against Defendant.