This case was last updated from San Mateo County Superior Courts on 06/30/2022 at 05:09:54 (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 JOSEPH E. BERGERON, Scott, Joseph C., Buchwald, Gerald J., Franchi, Don R., Franchi, Don R, Scott, Joseph C, GERALD J. BUCHWALD, ROBERT D. FOILES, DON R. FRANCHI, Buchwald, Gerald J, Bergeron, Joseph E, Foiles, Robert D and JOSEPH C. SCOTT. 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

  • County, State:

    San Mateo, California

Judge Details

Judges

Scott, Joseph C.

Buchwald, Gerald J.

Franchi, Don R.

Franchi, Don R

Buchwald, Gerald J

Bergeron, Joseph E

Scott, Joseph C

Foiles, Robert D

GERALD J. BUCHWALD

JOSEPH E. BERGERON

JOSEPH C. SCOTT

ROBERT D. FOILES

DON R. FRANCHI

 

Party Details

Plaintiff

MIDLAND FUNDING LLC

Defendant

CERNA, FRANCISCO

Attorney/Law Firm Details

Plaintiff Attorney

GRAVES, MISHAELA J

 

Court Documents

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Order received.

PROPOSED ORDER Comment POR: PROPOSED ORDER RECEIVED.

Conversion Hearing.

HEARING NOTICE (3) Judicial Officer Foiles Robert D Comment COURT TRIAL (SHORT CAUSE) TIME ESTIMATE 02:00 HOURS

Answer / Response / Denial - Limited up to $10000.

ANSWER Comment ANS5: (L) ANSWER TO COMPLAINT OF MIDLAND FUNDING LLC FILED BY FRANCISCO CERNA REPRESENTED BY PRO/PER - PRAYER AMOUNT LESS THAN $10,000.00

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Motion.

NOTICE (5) Comment NM: NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS FOR FAILURE TO COMPLY WITH A DISCOVERY ORDER FILED BY MIDLAND FUNDING LLC

Order received.

PROPOSED ORDER (3) Comment POR: PROPOSED ORDER RECEIVED.

Proof of Service by MAIL of.

PROOF OF SERVICE (4) Comment PSN3: PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON FRANCISCO CERNA WITH A SERVICE DATE OF 03/20/14 FILED.

Amended.

AMENDED FILING Comment AMEN: AMENDED NOTICE OF HEARING FILED BY MIDLAND FUNDING LLC.

Conversion Action.

JUDGMENT BY COURT AFTER TRIAL FILED AND ENTERED AS FOLLOWS: Comment JCAT: JUDGMENT BY COURT AFTER TRIAL FILED AND ENTERED AS FOLLOWS:

Conversion Hearing.

COURT TRIAL (SHORT CAUSE) TIME ESTIMATE 02:00 HOURS Judicial Officer Foiles Robert D Comment COURT TRIAL (SHORT CAUSE) TIME ESTIMATE 02:00 HOURS

Declaration.

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

Conversion Action.

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

Notice.

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

Amended.

AMENDED NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS FOR FAILURE TO COMPLY ETC FILED BY M Comment AMEN: AMENDED NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS FOR FAILURE TO COMPLY, ETC FILED BY MIDLAND FUNDING LLC.

Proof of Service by MAIL of.

PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON FRANCISCO CERNA WITH A SERVICE DATE OF 03/20/14 FI Comment PSN3: PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON FRANCISCO CERNA WITH A SERVICE DATE OF 03/20/14 FILED.

Order received.

PROPOSED ORDER RECEIVED. Comment POR: PROPOSED ORDER RECEIVED.

Declaration.

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

50 More Documents Available

 

Docket Entries

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

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

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

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

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

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

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

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  • 10/21/2014
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  • DocketConversion Action.; Additional Info: JUDGMENT BY COURT AFTER TRIAL FILED AND ENTERED AS FOLLOWS: Comment JCAT: JUDGMENT BY COURT AFTER TRIAL FILED AND ENTERED AS FOLLOWS:

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

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131 More Docket Entries
  • 01/15/2013
  • FinancialFinancial info for MIDLAND FUNDING LLC; Case Payment Receipt # 201301150366 MIDLAND FUNDING LLC $181.00

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  • 01/15/2013
  • FinancialFinancial info for MIDLAND FUNDING LLC; Transaction Assessment $181.00

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

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  • 01/15/2013
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 01/15/2013

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  • 01/15/2013
  • DocketNew Filed Case.

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  • 01/15/2013
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  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 01/15/2013
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/15/2013
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  • DocketDeclaration.; Additional Info: DECLARATION OF REDUCED FILING FEES PURSUANT TO CAL.BUS.&PROF. CODE 6322.1 FILED BY MIDLAND FUNDING Comment DECL: DECLARATION OF REDUCED FILING FEES PURSUANT TO CAL.BUS.&PROF. CODE 6322.1 FILED BY MIDLAND FUNDING LLC

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  • 01/15/2013
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130115-0366-CK 131/ 181.00 PAYMT

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  • 01/15/2013
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  • DocketComplaint.; Additional Info: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS. Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10,000.00 OR LESS.

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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:

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