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BILL LOCKYER

Attorney General of the State of California

ALBERT NORMAN SHELDEN

Senior Assistant Attorney General

IAN K. SWEEDLER

Deputy Attorney General

BETTINA C. REDWAY

Deputy Attorney General

State Bar No. 173529

 1300 I Street

 Sacramento, CA 95816

 Telephone (916) 324-9546

 Fax: (916) 323-5317 

Attorneys for Plaintiff

The People of the State of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA 

PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff,

vs.

L.M.A. MARKETING, INC. DOING BUSINESS

UNDER THE FICTITIOUS BUSINESS NAME OF

MORTGAGE CONCEPTS,

Defendant.

 /

No. CIV S-04-0061 MCE KJM

FINAL JUDGMENT

PURSUANT TO

STIPULATION

Trial Date: November 9, 2005

Courtroom: 3

It appearing to this Court that Plaintiff, the People of the State of California, by and

through the Attorney General and Defendant L.M.A. Marketing, Inc., and its former president,

Loraine Mundell, have resolved the matters in controversy between them without any

admission by Defendant or Mundell, submission of evidence by the People or findings by this

court, and, in a Stipulation For Entry of Final Judgment filed concurrently herewith, have

consented to the terms of this Judgment and good cause having been shown, the Court hereby

enters this Stipulated Judgment:

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

This Court has jurisdiction of the subject matter hereof and the parties hereto:

1. Pursuant to the Telemarketing Consumer Protection Act, 47 U.S.C. ' 227(f)(1),

Defendant L.M.A. Marketing, Inc. and Loraine Mundell are hereby permanently enjoined and

restrained from engaging or performing, directly or indirectly, in any telephone solicitations or

telemarketing without complying with the Telephone Consumer Protection Act 47 U.S.C. '

227. 

2. Pursuant to the Telemarketing and Consumer Fraud Abuse Act, 15 U.S.C. ''

6103, Defendant L.M.A. Marketing, Inc. and Loraine Mundell are hereby permanently enjoined

and restrained from engaging or performing, directly or indirectly, in any telemarketing or

telephone solicitations without complying with the Telemarketing and Consumer Fraud Abuse

Act, 15 U.S.C. '' 6101-6108. 

3. Pursuant to the California Business and Professions Code '17203, Defendant

L.M.A. Marketing, Inc. and Loraine Mundell are hereby permanently enjoined and restrained

from engaging or performing, directly or indirectly, in any telephone solicitations or

telemarketing without complying with the California Business and Professions Code '17200, et

seq.

4. Pursuant to the Telemarketing Consumer Protection Act, 47 U.S.C. ' 227(f)(1),

the Telemarketing and Consumer Fraud Abuse Act, 15 U.S.C. '' 6103, and California Business

and Professions Code '17203, Defendant, and Lorraine Mundell jointly and severally, shall pay

a civil penalty of $500. Before entry of this judgment, Defendant and Lorraine Mundell shall

deliver a certified bank check for the full amount of the payment of the $500 civil penalty to the

Office of the Attorney General, 455 Golden Gate Avenue, San Francisco, California 94102-

7004, Attn. Ian Sweedler. 

///

///

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5. Defendant L.M.A Marketing, Inc. and Loraine Mundell shall be liable for a civil

penalty of $100,000. The civil penalty shall be enforceable by the People for a period of five

(5) years from the date of entry of this judgment. Payment of the $100,000 civil penalty is

stayed unless the People file a motion to compel payment during the enforcement period and

thereafter the court finds either (a) that Defendant L.M.A. Marketing, Inc or Loraine Mundell

have violated any of the injunctive terms set forth in Paragraphs 1 through 3 of this Judgment,

or (b) that Loraine Mundell made untrue or misleading statements in her sworn declaration

pertaining to this Final Judgment Pursuant to Stipulation. Upon entry of such finding, the stay

of payment is lifted and the full amount of the penalty becomes due immediately. Nothing

herein precludes the People from bringing another type of action or proceeding as the result of

any violation of the injunction or any untrue or misleading statement in Ms. Loraine Mundell=s

declaration. 

6. This Stipulated Permanent Injunction and Judgment shall take effect

immediately upon entry by the clerk, and the clerk is ordered to enter this Final Judgment

Pursuant to Stipulation forthwith. 

7. This Court shall retain jurisdiction over this matter for the purposes of enabling

any party to this Final Judgment Pursuant to Stipulation to apply to the Court at any time, and

after serving notice to all other parties, for such further orders and directions as might be

necessary or appropriate for the construction, carrying out, modification, enforcement, or

punishment for any violation of the injunctive provisions of the Final Judgment Pursuant to

Stipulation. 

/ / /

/ / /

/ / /

/ / /

/ / /

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ORDER AND JUDGMENT

The parties having so stipulated and good cause having been shown, this Final

Judgment Pursuant to Stipulation is hereby entered. 

Dated: November 29, 2005

___________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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