This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 17:55:01 (UTC).

MIDLAND FUNDING LLC VS FRANCISCO CERNA

Case Summary

On 01/15/2013 MIDLAND FUNDING LLC filed a Contract - Debt Collection lawsuit against FRANCISCO CERNA. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Foiles, Robert D, Franchi, Don R, Bergeron, Joseph E, Scott, Joseph C, Buchwald, Gerald J, Scott, Joseph C., Buchwald, Gerald J. and Franchi, Don R.. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8960

  • Filing Date:

    01/15/2013

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Debt Collection

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Foiles, Robert D

Franchi, Don R

Bergeron, Joseph E

Scott, Joseph C

Buchwald, Gerald J

Scott, Joseph C.

Buchwald, Gerald J.

Franchi, Don R.

 

Party Details

Plaintiff

MIDLAND FUNDING LLC

Defendants

FRANCISCO CERNA

CERNA, FRANCISCO

Attorney/Law Firm Details

Plaintiff Attorney

GRAVES, MISHAELA J

 

Court Documents

Conversion Action.

FILING (8) Comment AIMCT1: AT-ISSUE MEMORANDUM REQUESTING COURT TRIAL FILED BY MIDLAND FUNDING LLC. TIME ESTIMATE: 02:00 HOUR(S)

Declaration.

DECLARATION (4) Comment DECL: DECLARATION IN SUPPORT OF MOTION FOR TERMINATING SANCTIONS FILED BY MIDLAND FUNDING LLC

Declaration.

DECLARATION (3) Comment DEC: DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

Notice.

NOTICE (2) Comment N: NOTICE OF ENTRY OF ORDER FILED BY MIDLAND FUNDING LLC.

Declaration.

DECLARATION (2) Comment DEC: DECLARATION IN SUPPORT OF MOTION FOR ORDER ESTABLISHING ADMISSIONS

Memorandum of Points & Authorities Filed.

MEMO Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY MIDLAND FUNDING LLC IN SUPPORT OF MOTION FOR ORDER ESTABLISHING ADMISSIONS

Motion.

NOTICE Comment NM: NOTICE OF MOTION AND MOTION FOR ORDER ESTABLISHING ADMISSIONS FILED BY MIDLAND FUNDING LLC

Declaration.

DECLARATION Comment DECL: DECLARATION OF REDUCED FILING FEES PURSUANT TO CAL.BUS.&PROF. CODE 6322.1 FILED BY MIDLAND FUNDING LLC

Complaint.

COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

Declaration.

DECLARATION (5) Comment DEC: DECLARATION IN LIEU OF TESTIMONY PURSUANT TO CODE OF CIVIL PROCEDURE 98

Notice.

NOTICE (6) Comment N: NOTICE OF ENTRY OF ORDER FILED BY MIDLAND FUNDING LLC.

Amended.

AMENDED FILING (2) Comment AMEN: AMENDED NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS FOR FAILURE TO COMPLY ETC FILED BY MIDLAND FUNDING LLC.

Memorandum of Points & Authorities Filed.

MEMO (3) Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY MIDLAND FUNDING LLC IN SUPPORT OF MOTION FOR TERMINATING SANCTIONS

Notice.

NOTICE (4) Comment N: NOTICE OF ENTRY OF ORDER FILED BY MIDLAND FUNDING LLC.

Proof of Service.

PROOF OF SERVICE (3) Comment POSI: PROOF OF SERVICE OF SEE SERVICE LIST SERVED ON FRANCISCO CERNA BY MAIL WITH A SERVICE DATE OF 12/09/13.

Order received.

PROPOSED ORDER (2) Comment POR: PROPOSED ORDER RECEIVED.

Fee Waiver Granted.

ORDER - FEE WAIVER Comment OWFG: ORDER ON APPLICATION FOR WAIVER OF FEES FILED BY FRANCISCO CERNA GRANTEDIN THE AMOUNT OF $181.00 SIGNED BY UF ON 02/26/13.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF MIDLAND FUNDING LLC AS TO FRANCISCO CERNA BY SUB-SERVING CHRISTINA PEREZ, CO-RESIDENT. MAILING DATE OF 01/29/13.

19 More Documents Available

 

Docket Entries

  • 10/21/2014
  • Disposition: Judgment; Judgment Type; Judgment; Judgment - Monetary Award; Awarded To: MIDLAND FUNDING LLC; Awarded Against: CERNA FRANCISCO; Comment: JUDGMENT ENTERED 10/21/14 JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC FOR MIDLAND FUNDING LLC JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC AGAINST FRANCISCO CERNA PRINCIPAL IS $3,195.92. INTEREST IS $0.00. COSTS ARE $246.00. ATTORNEY FEES ARE $0.00. TOTAL JUDGMENT $3,441.92.

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment TOT1: TOTAL JUDGMENT $3441.92

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment AF: ATTORNEY FEES ARE $0.00.

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment COSTS: COSTS ARE $246.00.

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment INT: INTEREST IS $0.00.

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment PRI: PRINCIPAL IS $3195.92.

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment JAGD: JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC AGAINST FRANCISCO CERNA

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment JFP: JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC FOR MIDLAND FUNDING LLC

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  • 10/21/2014
  • View Court Documents
  • Conversion Action. Additional Info: JUDGMENT (18) Comment JCAT: JUDGMENT BY COURT AFTER TRIAL FILED AND ENTERED AS FOLLOWS:

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  • 10/21/2014
  • Conversion Minute. Additional Info: Comment LINE: =====================================

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131 More Docket Entries
  • 01/15/2013
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

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  • 03/25/2014
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201403250824 MIDLAND FUNDING LLC $90.00

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  • 12/16/2013
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201312160235 MIDLAND FUNDING LLC $30.00

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  • 12/16/2013
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $30.00

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  • 12/16/2013
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201312160231 MIDLAND FUNDING LLC $60.00

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  • 08/02/2013
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201308020748 MIDLAND FUNDING LLC $60.00

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  • 08/02/2013
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $60.00

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  • 01/15/2013
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201301150366 MIDLAND FUNDING LLC $181.00

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  • 01/15/2013
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $181.00

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  • 01/15/2013
  • Financial: MIDLAND FUNDING LLC; Total Financial Assessment $421.00; Total Payments and Credits $421.00

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Complaint Information

W N == O

4. At all times herein mentioned, Defendants, and each of them, were the principals, agents employers, employees, masters, or servants of each of their co-defendants and ratified, adopted o

approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were

acting in the course and scope of said authority of such agents, servants, and employees. oy o 5 By this c.orhpl-éix;i;- Pléfhi{ff seeks t‘o_rgc;)v‘erv amounts owed bsr Defendant — :I"he :mderl;; E account that is the basis of this lawsuit is a credit account that Defendant held with creditor CHASH > BANK USA, N.A. account no. XXXXXXXXXXXXX9484 (the “Account”™). g

6. Prior to filing this complaint, all right, title and interest. to the Account were sold and E

assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references hercin to Plaintiff ma include Plaintiff’s predecessor-in-interest.

7. Defendant opened, used, and derived benefit from the Account through Defendant's ow use of the Account or by another’s use at Defendant's direction. By using the Account, Defendan expressly agreed or impliedly promised to repay Plaintiff.

8. Before commencement of this action, in those cases where recovery of costs is dependent on notice, Plaintiff informed Defendant in writing that it intended to file this action and that this action would result in a judgment against Defendant that would include court costs allowed by California Code of Civil Procedure § 1033(b)(2). - o - | | "

MIDLAND’S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION

9. Plaintiff Midland Funding, LLC dwns portfolios of consumer receivables, which if attempts to collect. When working with individual consumers, Plaintiff Mi_dlénd Funding, LLC and its affiliates (collectively, “Midland™) generally attempt to contact consumers like Defendant through severa means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland PX attempts to assess each consumer’s willingness to pay, through phone calls, letters or other means :

Midland attempts to exclude consumers from its collection efforts, where Midland believes those >

Midland attempts to exclude consumers from its collection efforts, where Midland believes those > pumd pmmad e

pumd pmmad e

FIRST CAUSE OF ACTION

(Account Stated)

13. Plamuff realleges and incorporates by reference the foregomg paragraphs

14, Within the last four (4) years, Defendant became indebted on the Account to Plaintiff$3,195.92 on an account stated in writing by and between Plaintiff and Defendant in which i H was agreed that Defendant was indebted to Plaintiff, 1 &

15. Plaintiff has made demand on Defendant for repayment of the accouht stated buf H Defendant has failed and refused to pay the balance due. E

16. As of the date of this complaint, there is due and owing the unpaid the sum of $3,195.92 less credits or adjustments of $0.00.

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

On the First Cause of Ac;ion: