This case was last updated from San Mateo County Superior Courts on 07/19/2018 at 20:19:33 (UTC).

MIDLAND FUNDING VS CLARA ROPER

Case Summary

On 06/26/2012 MIDLAND FUNDING filed a Contract - Debt Collection lawsuit against CLARA ROPER. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****4892

  • Filing Date:

    06/26/2012

  • 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

 

Party Details

Plaintiff

MIDLAND FUNDING LLC

Defendants

CLARA ROPER

ROPER, CLARA

Attorney/Law Firm Details

Plaintiff Attorney

BROWN, TIMOTHY S

 

Court Documents

Judgment by Clerk.

JUDGMENT Comment JDCL: JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 08/13/13 AS FOLLOWS:

Declaration.

DECLARATION (3) Comment DLT: DECLARATION IN LIEU OF TESTIMONY FILED BY MIDLAND FUNDING LLC

Declaration.

DECLARATION (2) Comment D1033: DECLARATION PURSUANT TO CCP 1033(B) FILED BY MIDLAND FUNDING LLC

Request for Dismissal of Does/Roes on the -WITHOUT prejudice.

REQUEST (2) Comment REQD1: REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT OF MIDLAND FUNDING LLC WITHOUT PREJUDICE FILED AND ENTERED.

Request to enter default filed.

REQUEST Comment REQDE: REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC AS TO CLARA ROPER.

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 CLARA ROPER BY SUB-SERVING JOHN DOE, CO-RESIDENT. MAILING DATE OF 07/16/12.

Declaration.

DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY MIDLAND FUNDING LLC

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Complaint.

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

 

Docket Entries

  • 08/13/2013
  • Disposition: Judgment; Judgment Type; Judgment; Judgment - Monetary Award; Awarded To: MIDLAND FUNDING LLC; Awarded Against: ROPER CLARA; Comment: JUDGMENT ENTERED 08/13/13 JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC FOR MIDLAND FUNDING LLC DEFAULT JUDGMENT ENTERED AGAINST CLARA ROPER PRINCIPAL IS $6,885.60. ATTORNEY FEES ARE $0.00. INTEREST IS $468.12. COSTS ARE $290.00. TOTAL JUDGMENT $7,643.72.

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  • 10/11/2016
  • Abstract of Judgment issued. Additional Info: Comment Amount: 7643.72

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment TOT1: TOTAL JUDGMENT $7643.72

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment COSTS: COSTS ARE $290.00.

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment INT: INTEREST IS $468.12.

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment AF: ATTORNEY FEES ARE $0.00.

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment PRI: PRINCIPAL IS $6885.60.

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment JAGDF: DEFAULT JUDGMENT ENTERED AGAINST CLARA ROPER

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  • 08/13/2013
  • Conversion Minute. Additional Info: Comment JFP: JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC FOR MIDLAND FUNDING LLC

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  • 08/13/2013
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  • Judgment by Clerk. Additional Info: JUDGMENT Comment JDCL: JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 08/13/13 AS FOLLOWS:

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8 More Docket Entries
  • 06/26/2012
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  • Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY MIDLAND FUNDING LLC

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  • 06/26/2012
  • View Court Documents
  • Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

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  • 06/26/2012
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 06/26/2012
  • Conversion Minute. Additional Info: Comment *FEE: 120628-0253-CK 170/ 225.00 PAYMT

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  • 06/26/2012
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

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  • 10/11/2016
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 2016-049583-HOJ MIDLAND FUNDING LLC $25.00

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  • 10/11/2016
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $25.00

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  • 06/28/2012
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201206280253 MIDLAND FUNDING LLC $225.00

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  • 06/28/2012
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $225.00

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  • 06/28/2012
  • Financial: MIDLAND FUNDING LLC; Total Financial Assessment $250.00; Total Payments and Credits $250.00

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Complaint Information

*» Q503 EEJEB QAR BT ATEA OO T

David B. Snyder, State Bar No. 183693 JUN 9 6 7042 Stelios A. Harris, State Bar No: 242116 Timothy S. Brown, State Bar No: 281979

MIDLAND FUNDING LLC

10601-G Tierrasanta Blvd, #4540

San Diego, CA 92124

Telephone: (866) 626-5053

Facsimile: (858) 569-5820

Attorneys for Plaintiff, vibLAND EFONDINGLYLC — = @09 @ @ K

SUPERIOR COURT FOR THE STATE OF CALIFORNIA / (Y ) COUNTY OF SAN MATEO SAN MATEO COUNTY COURTHOUSE-CIVIL DIVISION

MIDLAND FUNDING LLC ) Case No. ClL)514892 ; d Plaintiff, )} COMPLAINT FOR: ) V. ) (1) Account Stated ) CLARA ROPER; ) and DOES 1 through 10, inclusive, ) PRAYER AMT: $6,885.60

) LIMITED CIVIL CASE

Defendants. ) )

1. Plaintiff, MIDLAND FUNDING LLC (“Plaintiff”), is a limited liability company qualified to do business in California.

2. This court is the proper court because Plaintiff is informed and believes that Defendant CLARA ROPER (hereafter “Defendant”), is a resident of the County of San Mateo, State of California.

3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious names DOES 1 through 10; however, Plaintiff is informed and believes that each DOE defendant is responsible for the indebtedness herein alleged. Plaintiff will ask leave of court to amend this complainf as and when the true names and capacities of Defendants named herein as DOES 1 through 10 have beer ascertained.

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

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, werd acting in the course and scope of said authority of such agents, servants, and employees.

approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, werd acting in the course and scope of said authority of such agents, servants, and employees.

5. By this complaint, Plaintiff seeks to recover amounts owed by Defendant. The underlying account that is the basis of this lawsuit is a credit account that Defendant held with creditor CHASE BANK USA, N.A. account no. XXXIXOOXXXXX XXX 7899 (the “Account™).

§ Prior to filing this complaint, all right, title and interest to the Account were sold and

5ssigned 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 herein to Plaintiff ma include Plaintiff’s predecessor-in-interest.

7. Defendant opened, used, and derived benefit from the Account through Defendant's o use of the Account or by another’s use at Defendant's direction. By using the Account, Defendanf 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).

MIDLAND’S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION

9. Plaintiff Midland Funding, LLC owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, Plaintiff Midland Funding, LLC and its affiliates (collectively, “Midland”) generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland % attempts to assess each consumer’s willingness to pay, through phone calls, letters or other means : Midland attempts to exclude consumers from {ts collection efforts, where Midland believes those > consumers are facing extenuating circumstances or hardships that would prevent them from making an (L payments. E

9. Plaintiff Midland Funding, LLC owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, Plaintiff Midland Funding, LLC and its affiliates (collectively, “Midland”) generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland % attempts to assess each consumer’s willingness to pay, through phone calls, letters or other means : Midland attempts to exclude consumers from {ts collection efforts, where Midland believes those > consumers are facing extenuating circumstances or hardships that would prevent them from making an (L payments. E 10. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland’s efforts are aimed at working with consumers to repay their obligations and to attal;n financial recovery. Midland strives to engage in| dialogue that is honorable and constructive, and to play a positive role in consumers’ lives.

10. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland’s efforts are aimed at working with consumers to repay their obligations and to attal;n financial recovery. Midland strives to engage in| dialogue that is honorable and constructive, and to play a positive role in consumers’ lives.

11. Despite Midland’s efforts to reach consumers and resolve the consumer’s obligations, onl a percentage of consumers choose to engage with Midland. Those who do are often offered discounts o payment plans that are intended to suit their needs. Midland would prefer to work with consumers tc establish voluntary payment arrangements resulting in the resolution of any underlying obligations.

12. However, the majority of Midland’s consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, Midland musf decide then whether to pursue collection through legal channels, including litigation like the present action é.gainst Defendant. Although the Account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.

FIRST CAUSE OF ACTION

(Account Stated)

13. Plaintiff realleges and incorporates by reference the foregoing paragraphs.

14. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff$6,885.60 on an account stated in writing by and between Plaintiff and Defendant in which it E was agreed that Defendant was indebted to Plaintiff. o

15. Plaintiff has made demand on Defendant for repayment of the account stated but - Defendant has failed and refused to pay the balance due. 4

16. As of the date of this complaint, there is due and owing the unpaid the sum of $6,885.60 and additional interest on that amount of $272.60. Interest has accrued and will continue to accrue on the unpaid sum of $6,885.60 at the rate of 10% per annum starting on December 30, 2011.

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

On the First Cause of Action: |

1. For the unpaid balance of $6,885.60;