Complaint Limited Up to 10KCal. Super. - 6th Dist.May 3, 2021PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): E_F ILED FOR COURT USE ONLY LAWGFICESG PA'IENAUDE & FEJX, AP.C. _ WAPateraxie(#12885®/SepfmeJ.Boa‘e(#1m1&) 5/3/2021 2'10 PM Ng'eI-mgkbar(#212152)/Robatwvwg1(meass)/Demmdm(#n496493) Cler_k of Court 961901esapeake Drive, Suite 300, SanDego, CA92123 Superior Court of CA, TELEPHONE No.: (858) 244-7600 FAX No. (Optional): (858) 836-0318 County 0f Santa Clara E-MAIL ADDRESS (Optional): Angie.Hoar@pandf.us 21 CV381 254 ATTORNEY FOR (Name): VEROS CREDIT, LLC Reviewed By: R. CaChUX SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS; 191 N0. FIRST STREET CITY STATE AND ZIP CODE: SAN JOSE CA 951 13 BRANCH NAME: SANTA CLARA CIVIL DIVISION PLAINTIFF: VEROS CREDIT, LLC DEFENDANT(S); MICHELLE NEVAREZ, X and DOES 1 through 15, inclusive CONTRACT g COMPLAINT D AMENDED COMPLAINT (Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number) Jurisdiction (check aII that apply): CASE NUMBER; g ACTION IS A LIMITED CIVIL CASE Amount demanded g does not exceed $10,000 21 CV381 254 D exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): VEROS CREDIT, LLC alleges causes of action against defendant(s)* (name or names): MICHELLE NEVAREZ, 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6 3. a. Each plaintiff named above is a competent adult g except plaintiff (name): VEROS CREDIT, LLC (1) D a corporation qualified to do business in California (2) g an unincorporated entity (describe): a Limited Liability Company, qualified t0 d0 business in California. (3) D other (specify).- b. D Plaintiff (name).- a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D has complied with all licensing requirements as a licensed (specify): c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant(s) named above is a natural person D except defendant (name): D except defendant (name): (1)D a business organization, form unknown (1)D a business organization, form unknown (2)D a corporation (2)D a corporation (3)D an unincorporated entity (describe): (3)D an unincorporated entity (describe): (4)D a public entity (describe): (4)D a public entity (describe).- (5)D other (specify): (5)D other (specify): *lf this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of2 F°rm APP'OVed for Optima' U39 COMPLAINT-Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] CA_06 EFile Complaint Contract P&F File N0. 21-1638 PLD-C-001 SHORT TITLE: VEROS CREDIT, LLC VS. MICHELLE NEVAREZ, CASE NUMBER: 4. (Continued) b. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) D Doe defendant(s) (specify Doe numbers): were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) g Doe defendant(s) (specify Doe numbers): 1 through 15 are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d. D Defendant(s) who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. g This action is subject to D Civil Code section 1812.10 g Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant(s) entered into the contract here. b. D a defendant(s) lived here when the contract was entered into. c. X a defendant(s) lives here now. d. D the contract was to be performed here. e. D a defendant(s) is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject of this action is located here. g. D other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common Counts Other (specify): Refer t0 Other allegations in number 9.@fiflfi Other allegations: Before commencement 0f this action, in those cases Where recovery 0f costs is dependent 0n such notices, Plaintiff informed the defendant(s) in writing it intended t0 file this action and that this action could result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2). 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. g damages of:$8,490.18 b. g interestonthe damages (1) g accordingto proof (2) D at the rate of (specify): percent per year from (date): c. g attorney's fees (1) D of: (2) g according to proof: In accordance With the terms 0f the contract and the Automobile Sales Finance Act (Civil Code section 2983.4) 0r the Motor Vehicle Leasing Act (Civil Code section 2988.9), and in a reasonable amount pursuant t0 the Court’s default schedule (in the event 0f a default) 0r in amount according t0 proof at trial. d. X other (specify): For such other relief as the Court deems just and fair. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: April 06, 2021 [ ] RAYMOND A. PATENAUDE [ ] STEPHANIE J. BOONE [ ] ANGIE HONG HOAR [X] ROBERT w. WRIGHT f'u.‘ _~ - - ‘- [ ] DEAN KESHAVARZ ’ E}V (TYPE 0R PRINT NAME) (SIGNATURE OF PLAINTIFF 0R ATTORNEY) (Ifyou Wish to verify this pleading, affix a verification.) PLD- C-001 [Rev. January 1, 2007] compLAlNT-Contract Page 2 of 2 CA_06 EFile Complaint Contract P&F File N0. 21-1638 PLD-c-oo1 (1) SHORT TITLE: VEROS CREDIT, LLC VS. CASE NUMBER: MICHELLE NEVAREZ, F'RST (number) CAUSE 0F ACTION-Breach of contract ATTACHMENT To ECompIaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): VEROS CREDIT, LLC alleges that on or about (date): June 29, 201 8 a E written D oral D other (specify): agreement was made between (name parties to agreement): VEROS CREDIT, LLC and MICHELLE NEVAREZ, g A copy of the agreement is attached as Exhibit A, or g The essential terms of the agreement D are stated in Attachment BC-1 g are as follows (specify): Defendant(s) entered into a written contract With Plaintiff, whereby Plaintiff loaned money t0 Defendant(s) for the financing 0f motor vehicles sale 0r lease. The terms and conditions under Which Defendant(s) agreed to repay Plaintiff for the monies loaned are set forth in a written purchase contract/lease and /0r loan agreement between the parties. Defendant(s) indicated his/her/their consent t0 be bound by these terms either by an authorizing signature 0n the agreement 0r by Defendant(s) taking possession 0f and using the vehicles and monies provided by Plaintiff. BC-2. On or about (date): October 10, 2019 Defendant breached the agreement by D the acts specified in Attachment BC-2 X the following acts (specify): Defendant(s) failed t0 make payments 0n the contract as agreed and, despite Plaintiffs demand Defendant(s) continues t0 refuse t0 pay Plaintiff the amount owed under the contract. Defendant(s) is in default and, such under the terms 0f the contract Plaintiff is entitled t0 the unpaid balance, attorney's fees and costs. BC-3. Plaintiff has performed all obligations to Defendant(s) except those obligations Plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by Defendant's breach of the agreement D as stated in Attachment BC-4 g As follows : 1. The principal sum 0f $8,490.18; 2. Costs 0f suit; 3. For such other and further relief as the Court deems just and fair. BC-5. g Plaintiff is entitled to attorney fees by an agreement or a statue of $ according to proof: In accordance With the terms 0f the contract and the Automobile Sales Finance Act (Civil Code section 2983.4) 0r the Motor Vehicle Leasing Act ( Civil Code section 2988.9), and in a reasonable amount pursuant t0 the Court's default schedule (in the event 0f a default) 0r in amount according t0 proof at trial. BC-6. D Other: Page 1-Pag-e1fiT Form Approved by the Judicial Council of California PLD-c-oo1(1) [Rev. January 1, 2007] CAUSE OF ACTION-Breach of Contract Code ofCiviI Procedures, § 425.12 CA_05A EFile Breach 0f Contract P&F File N0. 21-1638 EXHIBIT "A" RETAIL |NSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer NumberEL Contract Number R.0.s. NumberM Stock Numberjflfi- Buyer Name and Address Co-Buyer Name and Address Seller-Credimr (Name and Address) (Including Coumy and Zip Code) (Including County and Zip Code)lam ”ml! m C835 5 mm 6131 GIRDIBD m m0 I Ell cams 5mm 5M JOE! CA 95123 Sll 305! CA. 95126 SBIIA um (Mm-HQT (mm 235-12nn You, me Buyer (and Co-Buyer. H any). may buy the vehicle below for cash or on credit. By si ning this contract, you choose to buy me vehicle on credit under the a reemerns on the from and back of this contract. You a ree to pay the Seller- Crednor (sometimes “we or us" in this contract) me Amount financed and Finance Charge In S lunds according to the payment schedule below. e will figure your finance charge on a daily basis The Truth-|n«Lending Disclosures below are pan cl this contract New Make Used Year and Model Odometer Vehicle Identificalion Number Primary Use For Which Purchased .155” Personal. family or household unless otherwise indicated below. USED 2015 lam 7419-1 annnnpmzaasga E] business or commercial FEDERAL TRUTH-IN-LENDING DISCLOSURES NuncSTNATEMENT 05 |NSU§$N$fiEflNO ISOIIIS le 3530011 n0 a PEaggfikGE Slugggg FAltzgggg‘d Pgmlefls Togigle lhe purchase Elsa motorwmicle 1o purchase or negotiatemai'r‘lg RATE The dollar The gmounl of The amount you The total c031 of mumpgggnu gimfgfloinggymm mgfifl‘s'hm g The oosg o! amoupt me credit provlded wnll have paid after your purchasg on 0mm cmdiLYOW dads”, m my o,m buy 0mg, insumnw your credit as credit wull to you or you have made all credn. Including Wmm be a hm, in m9 mun approvalpm a yearly rate. cost you. on your behalf. psagrrgedztlggs giugdgrlgf 130$ _ on . Vehlcle Insuraggne Premium 1a -990 % s 4832 .16 (e) s 12113 mg s 17105 31(5) $ 19005 11(6) s IlaMW”. Fm,“M _m s Ila (e means an esfimate s Ill paganism _Mns 5 III voun mvmem scHEDULE WILL as: WWW, $ I Am“: _Mm s Numbev ol Payments: Amount of Payments: When Paymenls Ara Due: prom Damage s Elma,” W Mos s "AWW8” 500.00 07/06/2013 MMI-lL-h -_Mos LELA- IIA _ Mu s l/A one Pflymfl“ 0' 200 _an 07/20/2019 Total Vehicle Insurance Premiums $ "IA UNLESS A CHARGE IS INCLUDED IN THIS AGHEWENT FOR One paymem o, Puauc LIABIuw on mopem DAMAGE msunmce, PAVMENT “[3 FOR SUCH COVERAGE IS NOT PROVIDED EV THIS MREEMHJT. Monwy beginning {“"flcfimmiflfimfifflgwmflw 42 395 . 47 03/13/18 are not [equirad m uy any 0th insurance Io obtainum Buy'er °°*’"’°' Ona final payment 395 - 4., 2/13/22 Sellarx A Late Charge. ll paymam is n01 renaivad in lull within ID days aflar'rtisdue. you will pay a law marge o1 5% ofma pan 01 the paymem matlslala. 0mm“ Dam é {4 magma": A dam Prepayment. 11 you pay eafly. you may be charged a rnlrdmurn finance charge. cancellation agreement required 1n oblain cred'n and will Security lnlurest. You are anasecuflfflmsreslin the vehicle Using pumhmd. nol ha pmvided unless you sign balm and agree lo pay the MdllInml Inlarmflon: Sse miscomm 1m more miormafiun Indmirg mfnrnatian aboul nonpayment damn. any required repaymanl in lull bsime em charge. I1 you choose Io buy debi mnoellaflon. 1he charge 111a schaduied dam, minimum finance charges, and sacumy interasL is shown'In item 11(01 me herniation 01 Amount finanwd. See your debt cancellation agreement lo: details on Ma terms and NEMIZATION 0F THE AMOUNT FINAncED (Seller may Imp pan o1 the amoums paid to others.) wnflions i! pmvidas It is a pan 0| this mmm- 1. Tmal Cash Pm Term .43_Mos.-,_ A. Cash Pdce of MoIor Vehicle and Accessories $m (A) Dem cmmnamn “meme"! 1. Cash Prim Vehide S1__0-995_ no I want to bu a de camellallon reemem. 2. Cash Prloe Accessorles $_HZA_ Buyer Slgns 3. Other (Nomaxabla) Dam s ELA- Sfrl'hEQ'efikeEfifiémfifvfi‘filflmflemm}; Desctibe s KIA companyfies) to; jhe term(s shown below for the B. Document Processing Charge (not a governmsmal tee) $ 65 - on (B) “mew Show" m "em u' C. Emissions Testing Charge (nut a govammamal fee) $_ELA(C) I1 Company - D. (Optional) Then Deterrem Device(s) Term35- Moa orM Mites 1. (paid to) I/A s m (D!) 12 company 2. (paid to) m $ JAM) Term _!LA__ Mus. o:4L Miles 3. (pazdto) m $ E&(Da) Ia Company E. (Optional) Surface Pmacfion Product(s) Tenn_llA_ Mos. or_IL Miles 1. (paid m) W $ IANEU IA eampany_ 2. (paid to) s ILMEZ) Term _ll_A_ Mos, or_llL Miles F. EV Charging Station (paid to) $ mm 15 Company.____-__. G, Sales Tax (on mama items in A through F) $Mm) Tann Mos or mes H. Electronic Vehicle Hegislrafion orTmnsfer Charge Buyer (m1 a governmental lee) (paid m) $ EIA (H) Trada-m Venicms) I, (Opfional) Service Contams) 1 must p'ay the rest to us. If you do not paythis amount when Payments, and Total Sale Price shown on the front on.the we ask, we may charge you interest al the Annual assumption that you will make every payment gn-the d_ay it- .Percentage Rate shown on the face of this contract, not to is due.Your Finance Charge, Total of Payments. and Total - exceed the highest rate permitted by law. until you pay. Sale Price will be more i1 you pay late and less if you pay g. What we may do about optlonal Insurance, main- early. Changes may-lake the form of a larger or smaller final tenance, sewlce, or other contracts. This contraci may payment or, at our option. more _or fewgr payments of the _ _ contain charges fqr optional insurancq, maintenance, same amount as your scheduled payment wflh a smaller service, or other contracts. If we demand that you pay all final payment. We will sand you a notice telling you about you owe at pnce or we’repO'ssess me vehicle. you agree . these changes before theflnal scheduled payment is due. ' ' that we may claim benefits under these contracts and d. You may prepay. You may prepay all or pan of the unpaid cancel them .to obtain refunds of unearned charges to part oi the Amount Flnanced at any time, If you do so, you. reduce what you owe‘ or repair the vehicle. If the vehicle is must pay the earned and unpaid pan of the Finance. a total loss because it is confiscated, damaged, or stolen. Charge and all other amouns due up to ,the date of your we may claim benefits-under these contracts and cancel payment. As of the date of your payment, if the minimum them to obtairi refunds of unearned charges to reduce what finance charge is greater than the earned Finance Charge. ' you owe. you may be charged the difference; the minimum finance . charge is as follows: (1) $25 if the original Amount_ 4. WARRANTIES SELLER DISCLAIMS - Financed does not exceed $1.000. (2) $50 if'the original It you do not get a Wrmen warranty, 'and'the Seller does not Amount Financed is more than $1 .000 bu! not more than enter into a servlce contract within 90 days lmm the date of $2,000, or (3) $75 ifthe original Amount Financed is more thls contract, the Seller makes no warranties, express or than $2,000. ' imp'lied, on the vehlcle, and there will be no Implied - warrantles of merchantablllty or of fitness for a particular 2. YOUR OTHER PROMISES TO US _ purpose. a. If the vehicle is damaged, destroyed, or missing. You This provision does not affem any warranties covering the agree to pay us all you owe under this contract even if the vehicle that the vehicle manufacturer may provide. If the Seller vehicle is damaged. destroyed, or missing. has sold you a certified used vehicle. the warranty of GAP ”ABM." NOTICE merchantability is not disclaimed. 25$; ?:?:moafl :2: gardeangebéoafig gaggn‘ga; 5. Used Car Buyers Gulde. The Informatlon you see 'on the amour“ you owe und’er W5 contra“ and me proceeds wlndow form for thls vehicle ls parI_ot lhls contract. Of your insurance sememem and deductible. THIS Information on the wlndow form overrides any contrary CONTRACT PROVIDES THAT You ARE LIABLE Fon P'°V'9i°"s l" "1e “mm! 0' sale- , THE GAP AMOUNI An optional debt cancellation Spanlsh Translation: Gula para compradores de vehiculos agreemem f0, coverage of the gap amount may be usados. La Informacidn que ve en el formulario de la oflemd for an additional charge. ventanllla para este vehiculo forma pane del prasente ‘ contrato. La iniormaclén del torrnulario de Ia venmnllla dais b. Using the vehicle. You agree not to remove the vehicle sln etemo toda disposlclén en contrario contenlda en el ‘ from the U.S. or Canada, or ‘o sell, rent. lease, or transfer contrato de venla. any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to 6. SERVICING AND COLLECTION CONTACTS misuse. seizure, confiscation, or involuntary transfer. 1f we You agree that we may try t_o comact you in writing, by e-mail, or pay any repair bills. storage bills, taxes, fines. or charges on using prerecorded/artificial voice messages. text messages, and the vehicle, you agree to repay the amount when we ask for automatic telephone dialing systems, as the law allows. You also it. I agree that we may try to contact you in these and other ways at c. Securil'y Interest. any address or telephone number you provide us. even if the You give us a security interest in: telephone number is a cell phone number or the contact resulls -- The vehicle and all pans or goods put on it; in a charge to you. You agree that you wlll-wilhln a reasonable - All money or goods received (proceeds) for the lime notlty us oi any change In your name, address, or vehicle: employment. o All insurance, maintenance. service. or other contracts we finance for you; and 7. APPLICABLE LAW - All proceedsfrom insurance, maintenance, service. or Federal law and California law apply .to this contract. If any part other contracts we finance foryou.This includes any of this contract is not valid. all other parts stay valid. We may refunds of premiums orcharges from the oontracfis. delay or refrain from enforcing any of our rights under this This secures payment of all you owe on this contract. It contract without losing them. For example. we may extend the also secures your other agreements in this contraci as the 1ime for making some payments without extending the time for law allows. You will make sure the title shows our security making olhers. ' interest (lien) in the vehicle. You will not allow any other security interest to be placed on the mle without our written 8. WARRANTIES 0F BUYER permission. You promise you have given true and correct information in your d. Insurance you must have on the vehicle. application tor credit, and you have no knowledge that will make You agree to have physical damage insurance covering that information untrue in the future.We have relied on the truth loss of or damage to the vehicle for the term o! this and accuracy of that information in entering into this contract; contract. The insurance must cover our interest In the Upon request. you will provide us with documents and other vehicle. If you do not have this insurance, we may. it we information necessary to verify any item contained in your cred‘rt choose, buy physiml damage Insurance. If we de'cide to application. buy physical damage insurance. we may either buy insurance that covers your interest and our interest in the You waive the provisions of Calif. Vehicle Code Section 1808.21 and v vehicle, or buy insurance that covers only our interest. If we authorize the California Department of Motor Vehicles to furnish your buy either type of insurance. we will tell you which type and residence address to us_ tha‘ charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the CREDIT DISABILITY INSURANCE NOTICE Annual Percentage Rate shown on the front of this contract CLAIM PROCEDURE or, at our option, the highest rate the law permits. If the If you become disabled, you mus! tell us right away. (You are advised vehicleislostordamaged,you agree thatwemay use any - to send this information to the same address to which you are insurance settlement to reduce what you owe or repai'r the normally required to send your payments, unless a different address vehicle. - or telephone number is given to you in wtiting by us as the location e. What happens' to returned Insurance, maintenance, where we would like to be notified.) We will tell you where to gel claim servloe. or o‘her conkact charges. If we get a refund oi fonns.You mus‘ send in the completed iorm to the insurance company insurance, maintenance, service, or other contract as soon as possible and tell us as soon as you do. - charges, ydu agree that we may subtrac1 the refund from If your disability insurance covers all of your missed paymenfls), WE what you owe. CANNOT TRY T0 COLLECT WHAT YOU OWE 0R FORECLOSE ' ' UPON OH REPOSSESS ANY COLLATERAL UNTIL THREE 3. IF YOU PAY LATE 0R BREAK YOUR OTHER PROMISES CALENDAR MONTHS AFTER your first missed payment is 'due or ' Fa. You may owe late charges. You will pay a late charge on until the insurance company pays or rejects your claim. whichever . each late payment as shown on the front. Acceptance of a comes first. We can, however. try to collect. foreclose, or repossess if late payment or late charge does not excuse your late you have any money due and owing us or are otherwise in default paymentor mean thatyou may keep making late payments. when your disability claim is made or if a senior mongage or lien If you pay late, we may also take the steps described belowV holder is foreclosing. ' b. You may have to pay all you owe at once. If you break If the insurance company pays the claim within the three calendar your promises (default). we may demand that you pa_y all months, we must accept the money as though you paid on time. lnhe you owe on this contract at once. subject to any right the insurance company rejects the claim within the three a_alendar months law gives you io reinstate this contract. or accepts the claim within the three calendar months on a partial Defaufl means: disability and pays less than tor a total disability, you will have 35 days - You do notpay any paymenton lime: from the date that the rejection or the acceptance of the partial 0 You give false. incomplete. or misleading informafion disability claim is sent to pay past dUe payments, or the difference _on a credit application; between the past due payments and what the insurance company - You start a proceeding in bankruptcy or one is started pays for the parllal disability. plus late charges. You can coptact us, against you or ypur property; and we will tell you how much you awe. After that time. we can take - The vehicle is lost, damaged or destroyed; or ' action to collect or foreclose or repossess any collateral you may have t You break any agreements in this contract. given, - ' ' ' ..The.amount you will owe'will be the unpaid pan of the If the insurance company accepts your claim but requires that you _ Amount Financed plus the-earned and unpaid part of the send in additional fprms to remain eligible for continued payments, Finance Charge, any late charges, and any amounts due you should send in these completed a¢ditional forms no later than because you defaulted. required. If you do not send in these forms 'on Ilme,'the insurance c. You may have to pay collectlon costs. You will pay company may stop paying, and we will then be able to take action lo our reasqnable costs to collect what you owe, including collect or foreclose or repossess-any collateral you may have given. attorney fees, court costs, collection agency fees, and fees paid for other reasonable collection efforts. You agree to pay a Seller’s Right to Cancel . ‘ . a. Seller agrees to deliver ihe vehicle to you on the date this contract gggfiogfl to exceed $15 n any Chew you gwe 1° us '5 is signed by Sellerand you.You underflandthat itmay §ake some d We may take the vehicle from y-ou u you defaun we may u'me for Seller to verify your credit and assign the contract You - . agree that if Seller is unable ta assign the contract lo any one oi the Lifcegfugozfizsme‘g: Vaauhol‘zl: iirfiryofiuve'fhig: hdaos g: financial instigutio'ns with whom Seller regularly does business ewmwmc tracking device you agree tha‘ we may use the undter a'n aSSIgnment acceptable to Seller. Seller may cancel the - ' - . ‘ ‘ ' - con rac‘ - ‘ ' giggsgzagngqmgfifflcgd"‘r:pict:'::emep'avr:'$fii 5:2; p. Seller sha_ll giye yqu wijtteri no_tic_e (or in any other marine} in which with the vehicle If any pérsonal items are in the vehicle we .amlfa' noyce '5 gwe" '° W”) wnh'n 1° days °t me dam ““5 99mm“ may store mem’ for you m your expense. H you do nm'ask H Is agqed rf Sellerelems to canoe]. Upon recelpi of such notxce._you for these “ems back ‘we may dispose of them as the law must Immedla‘ely return me vehicle to Seller 1n the same condmpn allows ’ as when sold, reasonable wpar and {ear excepted. Sgller myst gwe e_ How y'ou can 99‘ me vehicle back n we wke “I If we back to you all consuderatlon received by Seller. Including any - ‘ trade-in vehicle. fizofifjggzefiqfiffig:Eabyyppaaflgggztl"ygflcgugedoereyrgh c. It you do not immediately return the vehicle. you shall be liable for may have the right to reinstate this _contract and redeem the :2:Ingfgfgss'o'rg:guz¥n2321g; ‘ak'ng me veh'cle ".om you' Vfgféaby fiz‘gpgfliiflsczagnggf ‘aafi‘angtlha: £233.63; d. While the vehicle is in your possession, all terms ol the contract gum megdgfau" We Wm pwv‘ide you a“ "ofices required by including those rglating to use ol the vehicle and insurance for the 'aw to tell you when and how much to Pay andmr what vehlcle. shall be Infull fotce and you shall assume all risk otloss or damage to the vehicle.You must pay all reasonable costs for repairacuon you mus‘ mks to redeem me vehICIe‘ of any damage to the vehicle until the vehicle is returned i0 Seller. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS I 1. EITHER YOU 0R WE MAY CHOOSETO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. ' 2. IF A DISPUTE ls AHBITHATED,YOU WILL GIVE UP YOUR RIGHTT0 PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM VOU MAY HAVE AGAlNST US INCLUDING ANY RIGHT T0 CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS T0 APPEAL IN ARBITRATION ARE GENERALLY MOHE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THATYOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or re|a1es to your cred“ application. purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with ‘hird parties who do not sign this contract) shall. at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and nm as a class action. You expressly waive any right you may have to arbitrate a class action.You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York. New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval‘ You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration. service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the law or the rules of the chosen arbi‘ration organization require us to pay more. The amount we pay may be reimbursed in whole or- in part by decision of the arbitrator if the- arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees. unless awarded by the arbitrator under applicable law, If the chosen arbitration organization's rules conflict with this Arbitration Provision. then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. ‘ . You and we retain the right toseek remedies in small claims court for disputes or claims within that court'sjurisdiction, unless such acfion is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using seIf-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive reliet Any coun having jurisdiction may enter iudgment on the arbitrators award.This Arbitration Provision shali survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provisio‘n. other than waixiers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall~remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made. the remainder of this Arbitration Provision shall be unenforceable. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR gé'fafiggEHPERROEfifiEDS HEREOF. RECOVERY HEREUNDER BYTHE'DEBTOR SHALL NOT EXCEED AMOUNTS PAID BYTHEDER. ¢ - The preceding NOTICE applies only to goods or services obtained primarily-for personal, familyprhougtlwmll other Cases, Buyer will not assert against a'ny‘subsequent holder or' ”assignee of'this contract any claimsemmypwtor) may have against the Seller, or against the manufacturer of the vehicIe-or equipment obtained underlhigfinm "914- Sellerassigns ilsinteresl in tnis-wnh'amc ' ' ‘ - ' ’ (Assignesl ' I i“ 7 “.93..- = ' -ignee. U Assigned with recourse ' ' ' D Assigned without recnursa gassignad villh limhed recuur'se . I ' I L: _ A '7 N ‘ ’ - ' Seller Wfll’) 4nd rWQV) By ItII7€¢ MK Title mafifii” Form Mo.~553-cA-Ana 7/16 ' ‘ ' - -L-
