Credova Financial LLC v. Rickie Gallardo

Filing 18

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)

Download PDF
1 2 3 4 5 6 7 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 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 CREDOVA FINANCIAL LLC, a Virginia limited liability company Plaintiff, 13 14 15 16 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. 17 18 COMES NOW, Plaintiff Credova Financial LLC, a Virginia limited liability 19 company (“Credova”) by and through its counsel of record Armstrong Teasdale 20 21 LLP and Defendant Rickie Gallardo doing business as Puppy World CA (“Puppy 22 World”), pro per (collectively, the “Parties”) hereby STIPULATE AND AGREE 23 TO ENTRY OF JUDGMENT AS FOLLOWS: 24 STIPULATED FACTS 25 26 27 1. Plaintiff Credova Financial LLC (“Credova”) is a Virginia limited- liability company whose principal place of business is Ashburn, Virginia. 28 STIPULATED JUDGMENT 1 2 3 4 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 5 Montebello, 6 “PuppyWorld” or “Puppy World CA.” 7 8 4. California, called “Puppy World,” alternatively known as This Court has jurisdiction under 28 U.S.C. § 1332 because Plaintiff 9 and Defendant are citizens of different states, and the amount in controversy 10 exceeds $75,000 based on the amount that Defendant Gallardo is alleged to have 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 6. Credova is in the business of offering consumer loans and leases through its network of retailer partners. 7. On or about December 3, 2019, Puppy World contacted Credova about becoming a retail partner. 8. On or about December 4, 2019, Credova informed Puppy World CA that Credova declined to work with Puppy World CA. 9. On or about January 14, 2020, a second retailer, named “Puppyworld Olympia” contacted Credova to become a retail partner. 27 28 STIPULATED JUDGMENT 2 1 2 3 4 10. Puppyworld Olympia and Gallardo’s Puppy World CA; the two businesses simply share a similar name. 11. Between February 21, 2020 and April 28, 2020, Credova errantly 5 made 67 electronic transfers of money totaling $172,025.59 (the “Funds”) into the 6 account of Puppy World’s account that were intended for Puppyworld Olympia. 7 8 9 10 11 12 12. On or about April 29, 2020, Credova contacted Gallardo, informed him of the incorrect payments and demanded the Funds back. 13. Credova was able to successfully retrieve $5,000 of the erroneously deposited Funds from Puppy World’s account. 13 14. Gallardo presently owes Credova $167,025.59. 14 15. Credova has incurred $22,297.11 in costs and attorneys’ fees in 15 16 prosecuting this action. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED JUDGMENT 3 JUDGMENT AND ORDER: 1 2 3 4 IT IS THEREFORE ORDERED that Plaintiff CREDOVA FINANCIAL LLC recover from Defendant RICKIE GALLARDO the amount of $198,944.02, 5 which includes prejudgment interest at the rate of 10%, plus post judgment interest 6 at the rate of .14% per annum. 7 8 9 10 11 12 13 14 15 16 17 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. 18 19 20 21 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 22 23 24 may be located pursuant to 28 U.S.C.§ 1963. IT IS SO ORDERED. 25 26 27 Dated: February 8, 2021 John F. Walter UNITED STATES DISTRICT JUDGE 28 STIPULATED JUDGMENT 4 1 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 5 6 7 Michael A. Gehret Armstrong Teasdale LLP 257 East 200 South, Suite 350 Salt Lake City, UT, 84111 Telephone: 720-200-0676 mgehret@atllp.com 8 (Original Signature on File) 12 Jeffrey F. Barr* Armstrong Teasdale LLP 3770 Howard Hughes Pkwy Suite 200 Las Vegas, Nevada 89169 Telephone: (702) 678-5070 jbarr@atllp.com 13 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 9 10 11 14 Attorneys for Plaintiff Credova 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED JUDGMENT 5 1 CERTIFICATE OF SERVICE 2 Pursuant to Fed.R.Civ.P.5(b), and Local Rule 5-4.1 of the Central District 3 of California, I certify that I am an employee of ARMSTRONG TEASDALE 4 LLP, and that the foregoing was served: 5 6 via electronic service using the Court’s CM/ECF system, on the date below; and 7 8 9 10 11 12 13 14 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 15 16 Dated this 5th day of February, 2020. /s/ Sarah Nielsen 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED JUDGMENT 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?