Credova Financial LLC v. Rickie Gallardo
Filing
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STIPULATED ORDER OF ENTRY OF JUDGMENT by Judge John F. Walter. IT IS THEREFORE ORDERED that Plaintiff CREDOVA FINANCIAL LLC recover from Defendant RICKIE GALLARDO the amount of $198,944.02, which includes prejudgment interest at the rate of 10%, plus post judgment interest at the rate of.14% per annum. (MD JS-6, Case Terminated). (iv)
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ARMSTRONG TEASDALE LLP
MICHAEL A. GEHRET (SBN 247869)
Michael A. Gehret
ARMSTRONG TEASDALE LLP
257 East 200 South, Suite 350
Salt Lake City, UT, 84111
Telephone: 720-200-0676
Facsimile: 720-200-0679
mgehret@atllp.com
JS-6
Attorneys for Plaintiff Credova Financial LLC
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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CREDOVA FINANCIAL LLC, a
Virginia limited liability company
Plaintiff,
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v.
RICKIE GALLARDO doing business
as PUPPY WORLD CA
STIPULATED ORDER OF ENTRY
OF JUDGMENT
Case No. 2:20-cv-04763 JFW (AGRx)
District Judge: John F. Walter
Defendant.
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COMES NOW, Plaintiff Credova Financial LLC, a Virginia limited liability
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company (“Credova”) by and through its counsel of record Armstrong Teasdale
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LLP and Defendant Rickie Gallardo doing business as Puppy World CA (“Puppy
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World”), pro per (collectively, the “Parties”) hereby STIPULATE AND AGREE
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TO ENTRY OF JUDGMENT AS FOLLOWS:
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STIPULATED FACTS
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1.
Plaintiff Credova Financial LLC (“Credova”) is a Virginia limited-
liability company whose principal place of business is Ashburn, Virginia.
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STIPULATED JUDGMENT
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2.
At all relevant times herein, Defendant Rickie Gallardo (“Gallardo”)
is an individual who was a citizen of California during all relevant times herein.
3.
During all relevant times herein, Gallardo operated a business in
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Montebello,
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“PuppyWorld” or “Puppy World CA.”
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4.
California,
called
“Puppy
World,”
alternatively
known
as
This Court has jurisdiction under 28 U.S.C. § 1332 because Plaintiff
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and Defendant are citizens of different states, and the amount in controversy
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exceeds $75,000 based on the amount that Defendant Gallardo is alleged to have
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stolen from Credova.
5.
Venue is proper in this district because upon information and belief
and at all times relevant herein, Gallardo conducted substantial business operations
in this district.
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Credova is in the business of offering consumer loans and leases
through its network of retailer partners.
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On or about December 3, 2019, Puppy World contacted Credova
about becoming a retail partner.
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On or about December 4, 2019, Credova informed Puppy World CA
that Credova declined to work with Puppy World CA.
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On or about January 14, 2020, a second retailer, named “Puppyworld
Olympia” contacted Credova to become a retail partner.
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STIPULATED JUDGMENT
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10.
Puppyworld Olympia and Gallardo’s Puppy World CA; the two
businesses simply share a similar name.
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Between February 21, 2020 and April 28, 2020, Credova errantly
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made 67 electronic transfers of money totaling $172,025.59 (the “Funds”) into the
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account of Puppy World’s account that were intended for Puppyworld Olympia.
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12.
On or about April 29, 2020, Credova contacted Gallardo, informed
him of the incorrect payments and demanded the Funds back.
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Credova was able to successfully retrieve $5,000 of the erroneously
deposited Funds from Puppy World’s account.
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14.
Gallardo presently owes Credova $167,025.59.
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15.
Credova has incurred $22,297.11 in costs and attorneys’ fees in
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prosecuting this action.
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STIPULATED JUDGMENT
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JUDGMENT AND ORDER:
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IT IS THEREFORE ORDERED that Plaintiff CREDOVA FINANCIAL
LLC recover from Defendant RICKIE GALLARDO the amount of $198,944.02,
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which includes prejudgment interest at the rate of 10%, plus post judgment interest
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at the rate of .14% per annum.
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The parties agree and acknowledge that they are familiar with the provisions
of Section 1542 of the California Civil Code, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
The parties each hereby expressly, voluntarily, knowingly and advisedly
WAIVE the provisions of California Code Section 1542 as against each other to
the fullest extent permitted by law.
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FOR GOOD CAUSE SHOWN this Stipulated Judgment and Order shall be
registered immediately in the District Court of the Central District of California
and any other judicial district where Defendant RICKIE GALLARDO or the Funds
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may be located pursuant to 28 U.S.C.§ 1963.
IT IS SO ORDERED.
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Dated: February 8, 2021
John F. Walter
UNITED STATES DISTRICT JUDGE
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STIPULATED JUDGMENT
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2 Dated this _23_ day of November, 2020. Dated this _16_ day of November, 2020.
3 ARMSTRONG TEASDALE LLP
4 By: /s/ Michael A. Gehret
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Michael A. Gehret
Armstrong Teasdale LLP
257 East 200 South, Suite 350
Salt Lake City, UT, 84111
Telephone: 720-200-0676
mgehret@atllp.com
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Jeffrey F. Barr*
Armstrong Teasdale LLP
3770 Howard Hughes Pkwy
Suite 200
Las Vegas, Nevada 89169
Telephone: (702) 678-5070
jbarr@atllp.com
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By: /s/ Ricky Gallardo
Ricky Gallardo, doing business
As Puppy World CA
3567 Central Avenue
San Diego, California 92105
619-755-1438
(Original Signature on File)
Defendant in Pro Per
*Pro Hac Vice Pending
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Attorneys for Plaintiff Credova
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STIPULATED JUDGMENT
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CERTIFICATE OF SERVICE
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Pursuant to Fed.R.Civ.P.5(b), and Local Rule 5-4.1 of the Central District
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of California, I certify that I am an employee of ARMSTRONG TEASDALE
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LLP, and that the foregoing was served:
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via electronic service using the Court’s CM/ECF system, on the date
below; and
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via the U.S. Postal Service at Salt Lake City, Utah, in a sealed
envelope, with first-class postage prepaid, on the date and to the
address(es) shown below:
Ricky Gallardo, doing business
As Puppy World CA
3567 Central Avenue
San Diego, California 92105
619-755-1438
Defendant in Pro Per
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16 Dated this 5th day of February, 2020.
/s/ Sarah Nielsen
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STIPULATED JUDGMENT
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