Answer Limited Up to 10K

Cal. Super. - 6th Dist.May 3, 2021

10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 26 27 28 L5a Lydia Leos, Defendant, In Pro Per L 270 Pettis Ave., AUG 1 8 2021 Mountain View, Ca., 94043 , Clerk of th CourtPhoqe. 403-41 7-7799 Sugerlo: 23:: :1 CA Coin; of Sanla ClaraEmarl . B DEPUTY SUPERIOR COURT 0F CALIFORNIA, RYAN NGUYEN COUNTY OF SANTA CLARA VERos CREDIT, LLC Case No.; 21 CV38 1234 Plaintiff, vs, . DEFENDANT RESPONSE T0 PLAINTIFF CIVIL ' COMPLAINT FOR BREACH 0F CONTRACT, LYDIA LEOS, PURSUANT T0 CIVIL CODE SECTION 2984.4 AND - DEFENDANTS DECLARATION Defendant, [n Pro Per INTRODUCTION On or about, December 12, 2017, Defendant, allegedly, entered into a written contract with seller/Creditor, QOC AUTO, located th 56 North 13‘“ St., #101, San Jose, Ca., 951 12 as indicated on the contract attached to Plaintiff‘s complaint, marked EXHIBIT A. Said contract was not entered into with Plaintiff, VEROS CREDIT, LLC., but, as referenced, QOC AUTO. Therefore, Plaintiff does not have legal standing to bring a civil complaint against Defendant for Breach 0f Contract, nor is Plaintiff entitled t0 a deficiency judgment, because; (a). Plaintiff, has not presented any evident showing a legal security interest in the loan and vehicle in it’s civil complaint, as alleged. (b). Plaintiff has not, as a good faith remedy to settling this matter, invoked the arbitration clause ofthe confract presented along with Plaintiff’s civil complaint attached thereto, marked EXHIBIT A, which, prevents Plaintiff from filing a civil complaint, without first seeking arbitration. PLEADING TITLE ~ 1 IQ 10 12 13 l4 15 16 18 19 20 24 25 26 27 28 STATEMENT OF FACTS; The contract attached to Plaintiff’s complaint, marked EXHIBIT A, page (l) of(1- 7), indicates that said connact is a, (“Simple Finance Charge with Arbitration provision”), meaning, before Plaintiff can file a civil complaint, the remedy for settling any disputes, Plaintiff must file and endeavor to settle the dispute through binding arbitration, as per the terms of said contract, which, Plaintiffhasn’t done. Defects In the Loan Papers The Plaintiff can't collect on the deficiency complaint if; (a). Plaintiff, isn’t the legal payee on the note and has n0 securigy interest in the car. (b). Plaintiff, hasn’t produced a written loan or security agreement that shows Defendant owe the debt. (c). The agreement doesn't give the Plaintiff a security interest in the car. (d). The loan agreement doesn't give the Plaintiff a right to sue Defendant for a deficiency after it has taken the car. (e). Plaintiff, suin Defendant isn't the same creditor on the loan papers and it hasn't reduced an assi nment 0rg P g other legal document that establishes that Plaintiff owns the debt. STATEMENT OF FACTS: Plaintiff, does not show in it’s complaint that Plaintiff complied with the following (Cai. Bus. & Prof. Codes), governing before and after repossessions; The repossession agency, working 0n behalfof the Plaintiffmust, Under Califomia law, the lender, in this case being the Plaintiff, must send the debtor, who, in this case is the Defendant, the following notice after repossessing the vehicle; (a). A Notice about seizure within (48) hours as per (Cal. Bus. & Prof. Code 7507. 1 0). (b). A Notice informing the Defendant of the name and contact information for both the lender and the repossession agency. PLEADING TITLE - 2 [0 ll 12 13 l4 [5 16 J7 18 19 20 21 22 23 24 (c). The Notice must also disclose the charges for storing the car and any personal effects. (Cal. Bus. & Prof. Code, 7507.09). (d). An inventory of Defendants personal effects and, (e). A Notice about Defendant rights to get the vehicle back through reinstatement or redemption Plaintiff failed to send Defendant any of said written notices as legally required by said codes, nor does Plaintifi show any evidence, exhibits or attachments as per Plaintiff’s civil complaint, 0f said legally required written notices ever being sent to Defendant, which, is a knowingly direct violation of said codes and Defendants legal rights under said codes. STATEMENT OF FACTS; Plaintiff Didn't Provide Required Written Legal Notices to Defendant after Repossession; Plaintiff, must provide Defendant with various, timely written notices, as well as give Defendant the opportunity t0 exercise certain rights. If Plaintiff fails t0 give Defendant a required written notice, which, written notices include the following, Plaintiff civil complaint must be dismissed for failure to 00mply; (a). Defendant’s right to redeem the car and when Defendant can (b). Defendant’s right to reinstate the loan and when Defendant can (c). Ifthe Plaintiff is selling the car at a private sale, Defendant must be informed ofthe date 0fthe sale (d). IfIhe Plaintiff is selling the car at an auction, Defendant must be informed 0fthe date, time, and location 0fthe sale, and, (e). A calculation of the deficiency balance (0r sutplus, if applicable), including a description 0f fees and charges. Plaintiff has never provided Defendant with any of said legally required written notices, which, failure is a violation that prevented Defendant from exercising Defendants rights related to those notices-such as refusing to accept Defendants payment to reinstate the loan 0r preventing Defendant from participating in the auction, which, caused Defendant t0 sustain damages as a result of said violations. PLEADFNG TITLE - 3 l3 l4 15 17 18 I9 20 2] 23 24 25 26 27 28 NOTICE BEFORE SALE; (a). Before selling the vehicle, Plaintiffmust provide Defendant with a notice, at least (l 5) days before the sale date. (b). To collect a deficiency, the notice must be given within 60 days 0f the repossession and must include certain information, including Defendants rights regarding reinstating the loan 0r redeeming the vehicle. (Cal. Civ. Code 2983.2). (c). If, the Plaintiff claims that the Defendant doesn’t have the right t0 reinstate the loan, it must set forth the reason on the notice‘ (Cal. Civ. Code 2983.2, 2983.3). (d). In California, Defendant has the rights to request a (10) days extension of time t0 either reinstate 0f redeem the vehicle, (Cal Civ. Code (2983.2). (e). The notice must also infonn Defendant that ifDefendant doesn’t reinstate or redeem and Plaintiffsells the car, it has the right to sue for deficiency. Regarding the above said written notices legally require 10 be given to Defendant, Plaintiffnever gave, in person or by certified mail any 0fthe requires written notices. CONCLUDED: 1 PRAYER: Defendant, prays that for the violations of all ofthe legal (“CaI. Buss. & Prof. Codes, and Cal. Civ Codes"), herein stated, which, Plaintiff has violated, Defendant request that Plaintist civil compIaint be dismissed in it’s entity, with prejudice and without leave to amend. Plaintiff hasn't produced a written loan or security agreement that shows Defendant owe [he debt. (a) Plaintiff, contract, marked, Exhibit A, ofPlaintiff‘s civil complaint, doesn't show that Plaintiffhas a security interest in the car, but shows, QCO AUTO, SAN JOSE, CA., as lender/creditor, thus eliminating Plaintiff’s fiom having an interest or a standing t0 bring a deficiency complaint for money damages. PLEADING TITLE - 4 10 11 12 13 I4 15 I6 l7 18 l9 20 21 24 25 26 27 28 (b) The Plaintiff suing isn't the same creditor on the loan papers and it hasn't produced an assignment or other legal document that establishes that it owns the debt. (c) Plaintiff, failed t0 send Defendant the require written notices, herein stated as per Cal. Buss. & Prof., codes, and Cal. Civ. Code, before, and after the repossession. (d) The alleged contract ofPlaintiffhas, as herein stated, an arbitration clause as remedy for settling the alleged matter, which, prevents Plaintifffrom filing any civil matter until each party hereto has sought out binding arbitration, which Plaintiff hasn’t done. Defendant, request, not only that Plaintiffs civil complaint be dismissed with perjury, without leave to amend for said code violations, and lack of evident, in respects 0f said allegations, but, Plaintiff be ordered t0 pay money damages t0 Defendant, as much as the law provides for said violations, attorney fees, and COUI‘I COSI. Respectfully, Submitted. Dated: August 16, 2021 PLEADING TITLE - 5 LYDIA LEOS, DEFENDANT, IN PRO PER MC-030 ATFDRNEY OR PARTY WITHOUT ATTORNEY {Namo‘ Stare Bar numbur, and address): FOR COURT USE ONLY WLYDIA LEOS 270 PETTIS AVE, MOUNTAIN VIEW, CA., 94043 TELEPHONE N0; 408-4 1 7-7799 FAX N0, (Opr/onau: E-MAIL ADDRESS (Optional): AWORNEY FOR (Name): SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 N. FIRST STREET MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE, CA., 951 13 BRANCH NAME: PLAINTIFFIPETITIONER: VEROS CREDIT DEFENDANTIRESPONDENT: LYDIA LEOS CASE NUMBER: DECLARATION 21CIV381234 PROOF OF SERVICE BY MAIL DECLARATION: I, declare, under the penalty of peLjury of the State 0f Califomia, that I was and am (18) years of age or older at the time 0f this declaration for Proof of Service by mail, and not a party to this civil complaint, with my resident in the county 0f SANTA CLARA, CALIFORNIA. I, declare, that 0n August 16, 2021, I did mail the following documents of the Defendant to this matter, entitled, Defendant Response to Plaintiff Civil Complaint for Breach of Contract, Pursuant t0 Civil Code Section 2984.4 and Defendants Declaration and Defendants Declaration, by depositing said items into a stamped envelope and depositing the envelope into the mail slot at the San Jose, California US mail Post office where mail is regularly deposit. Said envelope was addressed t0 the following; LAW OFFICES OF PATENAUDE & FLEX, A.P.C. 9619 CHESAPEAKE DRIVE #300 SAN DIEGO, (3A., 92123 | declare under penalty of perjury under the laws 0f the State 0f California that the foregoing is true and correct. Date: 08/1 6/2021 LL! A \ a \_~€ Ob flv/ (TYPE 0R PRINT NAME) w (stRE 0F DECLARANT) D Attorney for D Plaintiff D Petitioner D Defendant D Respondent Other(8pecify): Form ADwDVed for Opfional Use Pa 1 0H Jud‘la’al Council of Cafifornia DECLARATI0N ge M0030 [Rav. January 1. 2005]