Declaration_declaration_of_gregory_randolph_iso_motion_for_summary_judgment

Motion

Cal. Super. - 2nd Dist.October 9, 2018

Electronically FILED, 10 Hl 12 13 20 21 22 23 24 25 26 27 28 by Superior Court of California, County of Los Angeles on 04/06/2020 03:21 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Gomez,Deputy Paul Mankin- State Bar No. 264038 Nicholas Dahl — State Bar No. 320777 LAW OFFICE OF PAUL MANKIN, APC 4655 Cass Street, Suite 410 San Diego, CA 92109 Phone: (800)-219-3577 Facsimile: (323) 207-3885 Attorney for Plaintiff/Cross-Defendant SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES LIMITED JURISDICTION GREGORY RANDOLPH, Case No.: 18STLC12791 Plaintiff, DECLARATION OF GREGORY vs RANDOLPH IN SUPPORT OF GREGORY RANDOLPH’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION CAPITAL AUTO FINANCIAL, INC., and DOES 1 through 10, Defendants. CAPITAL AUTO FINANCIAL, INC,, Cross-Complainant, Vs. GREGORY RANDOLPH, an individual; and Roes 1 through 25, inclusive, Cross-Defendants. a t ” Na at ? “ t r “ t r “ t t N a “ a “ e e “ a t “e gg “e rt “ u t “ e t ? “a st su “u s? “s rt “ u t r ee o u r “ u t “ t t t “a st “ w u ? “ g t “ a t “w ag et t “ o u t DECLARATION OF GREGORY RANDOLPH IN SUPPORT OF GREGORY RANDOLPH’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Clerk 15 16 17 18 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. I, Gregory Randolph, declare as follows: I am the Plaintiff and Cross-Defendant in the above-caption action. The following facts, to which I could and would competently testify if called upon to do so, are within my direct, personal knowledge. On or about March 10, 2017, I purchased a 2005 Jaguar XJ8, bearing Vehicle Identification Number SAJWA79C05SG38861 from Ride On Autos. As part of this purchase, I applied for and obtained financing through Defendant and Cross-Complainant, Capital Auto Financial, Inc. A true and correct copy of the Retail Installment Sale Contract that I executed in order to obtain financing through Capital Auto Financial, Inc. is attached hereto as EXHIBIT A. I was the only applicant and only buyer named on the Retail Installment Sale Contract. The Retail Installment Sale Contract required that I make monthly payments to Capital Auto Financial, Inc. Due to unforeseen personal circumstances, I defaulted on the Retail Installment Sale Contract by failing to make one or more monthly payments prior to Capital Auto Financial, Inc.’s repossession of the 2005 Jaguar XJ8. The 2005 Jaguar XJ8 was repossessed from my home on or about May 3, 2018. I never regained possession of the 2005 Jaguar XJ8 after May 3, 2018. On or about May 10, 2018, I was served by U.S. Mail with Capital Auto Financial, Inc.’s Notice of Intent to Dispose of Motor Vehicle, dated May 8, 2018 (“NOI”). A true, correct, and complete copy of the NOI is attached hereto as EXHIBIT B. I was not served with any amendments to, or subsequent iterations of, the May 8, 2018 NOL I did not have the means to pay the full redemption cost, quoted at $4,440.92, within 15 calendar days of the May 8, 2018 issuance date of the attached Exhibit B. I did not know about my right to reinstate the Retail Installment Sale Contract because notice was not provided in the NOI attached hereto as Exhibit B. 2 DECLARATION OF GREGORY RANDOLPH IN SUPPORT OF GREGORY RANDOLPH’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. 20. 21. 22. Had Capital Auto Financial, Inc. provided me with proper notice of my right to reinstate the Retail Installment Sale Contract, I would have paid the required amount to properly reinstate. I did not know about my right to request an extension of the reinstatement or redemption period regarding the Retail Installment Sale Contract because notice was not provided in the NOI attached hereto as Exhibit B. Had Capital Auto Financial, Inc. provided me with proper notice of my right to request an extension of the reinstatement or redemption period, I would have properly and timely submitted such a request in writing. I could not return the proper form requesting an extension of the reinstatement or redemption period because Capital Auto Financial, Inc. failed to provide that form along with the NOI attached hereto as Exhibit B. Had Capital Auto Financial, Inc. provided me the proper form for requesting an extension of the reinstatement or redemption period, I would have properly and timely completed and returned the form to Capital Auto Financial, Inc. I did not know the place at which the 2005 Jaguar XJ8 would be returned to me upon redemption or reinstatement because Capital Auto Financial, Inc. failed to provide that information in the NOI attached hereto as Exhibit B. I was not served with any written notice from Capital Auto Financial, Inc. between my May 10, 2018 receipt of the NOI attached hereto as Exhibit B, and my September 14, 2018 receipt of a written attempt to collect an alleged deficiency. A true, correct, and complete copy of the attempted collection of an alleged deficiency, dated September 5, 2018, is attached hereto as EXHIBIT C. Capital Auto Financial, Inc. did not serve me with a written accounting containing the gross proceeds of the disposition, reasonable and necessary expenses incurred, and the amount of any credit for unearned finance charges and canceled insurance. I have never disputed the validity or enforceability of the Retail Installment Sale Contract, attached hereto as Exhibit B. 3 DECLARATION OF GREGORY RANDOLPH IN SUPPORT OF GREGORY RANDOLPH’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION ta 10 11 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: March 27, 2020 SEWN 3 GREGORY RANDOLPH Plaintiff and Cross-Defendant, 4 DECLARATION OF GREGORY RANDOLPH IN SUPPORT OF GREGORY RANDOLPH’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION