Claudia Herms-Verdeja vs. Sc Motors, Inc.

Motion to Compel Arbitration

Cal. Super. - 4th Dist.September 24, 2018

M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 O 0 9 4 & OU » B B Ww W N N = N O N O N N D N N N N O N O N m e o e e m be d be d p m pe t m d b e 0 0 3 O N W U A W W N = DO D W V O O N Y E W N = D Ali Parvanch, SBN 218320 aparvaneh@madisonlawapc.com James S. Sifers, SBN 259105 jsifers@madisonlawapc.com Eric J. Bautista SBN 194847 ebautista@madisonlawapc.com MADISON LAW, APC 17702 Mitchell North Irvine, California 92614 Telephone: 949-756-9050 Facsimile: 949-756-9060 Attorneys for Defendant SC Motors, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE — CENTRAL JUSTICE CENTER CLAUDIA HERMS-VERDEJA, an individual; [Case No.: 30-2018-01020858-CU-MC-CIC Plaintiff ASSIGNED FOR ALL PURPOSESto: anti, Hon.: Judge Debora Servino v. Dept. C21 SC MOTORS,INC., a Corporation, and DOES 1[DEFENDANT SC MOTORS, INC.’S NOTICE through 20, inclusive, OF MOTION AND MOTION TO COMPEL ARBITRATION PURSUANT TO CAL. CODE CIV. PROC. §§ 1281.2, 1281.4, AND 1281.7; TO Defendant. STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION; REQUEST FOR COSTS IN THE AMOUNT OF $444.95; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF MASAM ASLAMPOUR AND ERIC J. BAUTISTA Hearing. Date: January 11, 2019 Time: 10:00 a.m. Dept: C21 RES ID: 72922329 Action Filed: September 24, 2018 Trial Date: None Set. I" DEFENDANT SC MOTORS,INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION 2]- M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - F a x (9 49 ) 75 6- 90 60 O o 0 9 O N w n B A W N N o r o t o 9 r d N N N o r o — _ — — — — _ j — — — — — o o ~ J M N w n = S w y r N — _ < S \ O o o | A N w n B N W w 2 —_ — o S TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on January 11, 2019, at 10:00 a.m. in Department C21 ofi Court, located at 700 W. Civic Center Dr., Santa Ana, California 92701, Defendant SC Motors, Inc. (“Defendant”) will move this Court pursuant to Cal. Code Civ. Proc. §§ 1281.2, 1281.4, and 1281.7 for an order to compel Plaintiff Claudia Herms-Verdeja (“Plaintiff”) to arbitrate this action before the American Arbitration Association (“AAA”), and further notice is given that Defendant will move this Court to stay this action until Defendant’s Motion to Compel Arbitration and arbitration proceeding,ifit is so ordered, are resolved (“Motion”). This Motion will be made on the grounds that the contract at issue in this case requires binding arbitration of disputes between the parties, and the controversy to be arbitrated is now pending before this Court. Further notice is also given that Defendant will be requesting an order from the Court for $444.95 in costs incurred in appearing in this action because such costs were unnecessarily incurred given thatpriorto the filing ofthis Motion, Defendant requested on multiple occasions that this dispute be submitted to arbitration before the AAA, yet Plaintiff refused to remove this action to arbitration before the AAA. This Motion will be based on this Notice ofMotion and Motion; the Memorandum of Points and Authorities served and filed herewith; the Declarations of Masam Aslampour and Eric J. Bautista and any exhibits attached thereto; on the records, exhibits, and file herein; and on such evidence as may be presented at the hearing on this Motion. Respectfully submitted on this 2™ day ofNovember, 2018, by: MADISON LAWARC [, Eric J. Bautista, / Attomeys for Defendant SC Motors, Inc. DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION "2 M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Tr vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 e 0 0 0 N Y B E W N = r o r o [3 ] [S e] r o N o t o [& ] N o o d Yo k f d — J t — f t — a h w r c o 2 A N w n A W N - _ O O o w ~ N S Y W n B O W O N —- — O o MEMORANDUM OF POINTS AND AUTHORITIES L INTRODUCTION This action involves the sale and purchase of a used automobile. As part of that purchase, Plaintiff agreed to arbitrate any disputes arising out ofthe purchase. By way ofinitiating this dispute through the Court and refusing to respond to Defendant’s demand that Plaintiff submit her claims to arbitration, Plaintiffhas failed to abide by that agreement. Accordingly, the need for this Motion became apparent. IL FACTS OF THIS ACTION On or about September 27, 2015, Plaintiff and Defendant entered into Retail Installment Sales Contract (“Contract”) concerning Plaintiff's purchase of a used 2012 Hundai Veloster, bearing Vin No. 037248 (“Vehicle”). (Declaration ofMasam Aslampour [*“Aslampour Declaration™], § 2, Exhibit “1.”) The requirement to submit to arbitration, expressed in the Contract, requires the parties to arbitrate their disputes if such a disputearises. (/d.) The Contract provides immediately above the signature line, the “YOU ACKNOWLEDGE THAT YOU HAVE READ BOTH SIDES OF THIS CONTRACT, INCLUDING THE ARBITRATION PROVISION ON THE REVERSE SIDE, BEFORE SIGNING BELIOW.” The Contract contains a prominent clause identified as “ARBITRATION CLAUSE" which states: UNDER THIS CLAUSE, EITHER YOU OR WE MAY ELECT TO HAVE ANY DISPUTE THAT ARISES BEWTEEN US TO BE DECIDED BY THE ARBITRATION PROCESS, NOT IN COURT OR BY A JURY TRIAL See the Arbitration Provision for additional information concerning the agreement to arbitrate. (Aslampour Declaration, § 2, Exhibit “1.”) Plaintiffs also concurrently signed an Arbitration Addendum setting forth that an arbitration pursuant to the Contract shall be conducted by the American Arbitration Association (“AAA”). (Aslampour Declaration, ¥ 2, Exhibit “2;” “Addendum.”) On or about December 7, 2017 Plaintiff sent a letter to Defendant alleging Defendant's violation of the Consumers Legal Remedies Act. (Aslampour Declaration, § 3, Exhibit “3.””) On or about January 3, 2018, Defendant, through its counsel, sent a letter to Plaintiff's counsel denying Plaintiff’s claims and DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION Jo M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - F ax (9 49 ) 75 6- 90 60 r o © 0 J o N w n 5& 5 W w 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 requesting that in the event Plaintiff wishes to pursue her claims, that Plaintiff submit her action through AAA pursuant to the Contract. (Bautista Declaration, § 2, Exhibit “4.”") On or about June 29, 2018,six months after Defendant responded to Plaintiffs December 7, 2017, letter, Plaintiff, through counsel, submitted a demand to arbitrate with JAMS. (Bautista Declaration, § 3, Exhibit “5.”) On or about July 18, 2018, Defendant’s counsel sent Plaintiff's counsel a letter notifying Plaintiff's counsel of Defendant’s non-approval ofJAMS and reiterating that the matter should be submitted to AAA for arbitration per the Contract and Addendum if Plaintiff wished to pursue her claims. (Bautista Declaration, § 4, Exhibit “6.”) Plaintiff's counsel did not respond to Defendant’s counsel. (/d.) On or about August 14, 2018, Defendant’s counsel notified JAMS of Defendant’s non-approval to arbitrate with JAMS per the Contract. (Bautista Declaration, § 5, Exhibit “7.””) On or about September 24, 2018, Plaintiff filed a Complaint in this Court alleging violations of the Consumers Legal Remedies Act. (Bautista Declaration, 4 6.) To date, Plaintiffrefuses to stipulate to arbitration through AAA despite Plaintiff signing the Contract and Addendum agreeing to do so. As a result, Defendant has been forced to file the instant Motion. (/d.) Il. LEGAL ARGUMENTS A. PURSUANT TO THE SANCHEZ DECISION, CONSUMER ARBITRATION CLAUSES IN THE INSTANT CONTEXT ARE NOT UNCONSCIONABLE The California Supreme Court recently held in Sanchez v. Valencia Holding Co., LLC that an arbitration clause in an automobile sales contract, substantially similar to the instant arbitration clause and arguably less consumer friendly, was enforceable in its entirety and not unconscionable, and pursuant to this decision, the instant arbitration clause should also be held enforceable in its entirety and not unconscionable (Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The arbitration clause in Sanchez provided, among other things: Arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive reliefmay be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right of the parties to go to small claims court, and to pursue self-help remedies, and waive the right to class action litigation or arbitration. The agreement further provides that if the class waiver is deemed unenforceable, then the entire arbitration agreement shall be unenforceable. DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION 4- M A D I S O N L A W , A P C 17 70 2 Mi tc he l! No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 O C 0 9 O n O n & W N - N O N N N N N N N O R D I N m m oe m o d b d b d p m j d pe d pe d f d R X 9 A n n A W N = O O V V N N W n B R A W N = O (Id. at 906.) The arbitration clause in the instant action is substantially similar and arguably more consumer friendly than the arbitration clause examined by the Sanchez Court. The same provisions that provide for retention ofself-help remedies, costs, and the waiver of class action participation that appear in the Sanchez arbitration clause appear in the instant arbitration clause. (Aslampour Declaration, § 2, Exhibits “1-2.”") Additionally, the Sanchez arbitration clause provides that the defendant Valencia would pay up to $2,500 in arbitration fees, however, the instant arbitration clause provides that “[w]e will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5,000, unless the law or the rules ofthe chosen arbitration organization require us to pay more.” (Sanchez at 917-918.) Since the arbitration clause in Sanchez was held to be enforceable and not unconscionable with the costs provision which obligated defendant Valencia to pay up to $2,500, the instant arbitration clause also cannot be held unconscionable because it offers to pay fees of $5,000, which is $2,500 more than was offered in Sanchez. (Id.) The instant arbitration clause and arbitration addendum state that Defendant will pay a maximum of $5,000 for arbitration fees with AAA, unless the law or the rules ofthe chosen arbitration organization requires Defendant to pay more. (Aslampour Declaration, § 2, Exhibits “1-2.”) Arguably, the costs provision in the instant arbitration clause is more consumer friendly since Defendant has agreed to front more of the costs than defendant Valencia agreed to in Sanchez. Pursuant to Sanchez, the instant arbitration clause cannot be held unconscionable and, additionally, the matter of costs regarding arbitration proceedings should be borne per the Contract which contains the arbitration clause. B. A CONTRACT BETWEEN THE PARTIES EXISTS WHICH PROVIDES FOR ARBITRATION OF THE CLAIMS NOW AT ISSUE IN THIS ACTION Plaintiff and Defendant entered into the Contract and Addendum which contained a mandatory arbitration provision. (Aslampour Declaration, § 2, Exhibits “1-2."") A dispute has arisen between the parties arising out of the transaction pursuant to the Contract, and accordingly, this dispute should be DEFENDANTSCMOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION A M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 O O 0 0 N N O O U n B E W N = N N N N N N N N N N e d e m e m e m e d e d e d e d e d e d 0 0 3 © W n B A W N = O O 0 N N W n A W N = e transferred to the judicially preferred forum of arbitration.! Cal. Code Civ. Proc. § 1281.2 states that: On Motion ofa party to an arbitration agreement alleging the existence of a written agreementto arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the Motioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists. .. With regardto this transaction, the Contract contains and refers to a mandatory arbitration clause and Plaintiff signed an arbitration addendum which binds Plaintiff to arbitrate this dispute upon Defendant’s demand for the same, (Aslampour Declaration, § 2, Exhibits “1-2.”) Assuch, the validly executed Contract and Addendum confirm that Plaintiff is aware ofthe arbitration agreement. Therefore, Plaintiff cannot argue that she did not agree to arbitrate any disputes or that she is surprised by it. Nonetheless, Plaintiffhas since refused to remove this action to arbitration. (Bautista Declaration, 1 2-6.) California has a public policy which encourages arbitrations and has repeatedly approved and upheld arbitration clauses. In Moncharsh v. Heily & Blase (1992) 3 Cal. 4th 1, 9, the California Supreme Court declared that this state has a “strong public policy in favor ofarbitration as a speedy and relatively inexpensive means of dispute resolution.” (/d., see also Gross v. Recabaren (1998) 206 Cal.App.3d 771, 775; Berman v. Dean Witter Co. (1975) 44 Cal.App.3d 999, 1003; Greenfield v. Mosle) (1998) 201 Cal.App.3d 735, 744.) Similarly, in Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d. 699 — 707, the California Supreme Court noted that California’s statutory scheme “evidence[s] a strong public policy in favor ofarbitrations ... [as a] favored method ofresolving disputes.” It is indisputable that Plaintiff and Defendant have agreed to arbitrate any alleged disputes arising out of Plaintiff's purchase of the Vehicle with AAA based on the Contract and Addendum entered into by and between Plaintiff and Defendant. In light of California’s public policy in favor of arbitration and the contracts requiring the same, this matter must be submitted to arbitration. ' Pursuant to Cal. Code Civ. Proc. § 1281.7, “[a] Motion to Section 1281.2 may befiled in lieu of filing an answer to the complaint. The Motioning defendant shall have 15 days after any denial of the Motion to plead to the complaint.” DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON ANDTO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION -6- M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 O O 0 0 3 4 U n H E W O N — — _ — 0 r o r o r o 0S ] r a r N N o N o r o — — _ — p d — p — [ — [E N o o ~ D N w n a w n N — S o \ O o 0 ~ a N w n H S W w r a C. THIS ACTION SHOULD BE STAYED PENDING THE COMPLETION OF THE ARBITRATION PROCEEDINGS Given the danger ofduplicative proceedings, Defendant requests a stay on this action, including any outstanding discovery, pending the resolution ofthis Motion and, if applicable, completion of the arbitration proceedings. Pursuant to Cal. Code Civ. Proc. § 1281.4: If an application has been made to a court ofcompetent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a court of this State and such application is undetermined, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until the application for an order to arbitrate is determined and,if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies. It is well settled that in ruling upon a motion to compel arbitration, judicial review is limited to a determination ofwhether the party resisting arbitration in fact agreed to arbitrate. (Painters Dist. Council No. 33 v. Moen (1982) 128 Cal. App. 3d 1032, 1037.) If the Court determines that a written agreementto arbitrate exists, an order to arbitrate must be entered without any further review of substantive arguments. (Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal. App. 4th 809, 817.) Once a motion to compel arbitration has been made, the court in which such action is pending shall upon motion ofa party to such an action mandate a stay of the action until either: (1) the application for an orderto arbitrate is determined; or (2) if arbitration is ordered, until an arbitration is had in accordance with the order to arbitrate or such earlier time as the court specifies. (Cal. Code Civ. Proc. § 1281.4.) Since there is a valid and enforceable agreement to arbitrate in this case, and this Motion is now pending before this Court, Defendant respectfully requests that this Court stay the litigation ofall claims and all discovery herein until this Motion is resolved, and if applicable in the event this Motion is granted, the outcome of the arbitration order by the AAA is determined. D. DEFENDANT REQUESTS AN ARBITRATION BEFORE THE AAA Defendant requests an arbitration before AAA pursuant to the Contract and Addendum. (Aslampour Declaration, § 2, Exhibits “1-2.”) (Bautista Declaration, § 7.) Per the agreementto arbitrate claims in the Contract for the sale of the Vehicle and the Addendum, Defendant and Plaintiff agreed that DEFENDANT SC MOTORS,INC'SNOTICEOFMOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION oA M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 O o 0 0 9 o o w n A W w W 10 11 12 13 14 15 16 17 18 19 20 21 2 23 25 26 27 28 Defendant would pay for the cost offiling and arbitration or hearing fees up to a maximum of $5,000.00. (Aslampour Declaration, § 2, Exhibits “1-2.”) (Bautista Declaration, § 7, Exhibit “8.”) AAA is a fair and cost-effective alternative to litigation which coincides with the very intent behind arbitration in the first place: providing parties with a streamlined alternative to burdensome and costly litigation. (Bautista Declaration, § 8, Exhibit “8.”) As such, Plaintiffs shall incur none to nominal costs in arbitrating his claims before AAA as she has agreed to do pursuant to the Contract. E. DEFENDANT REQUESTS ITS COSTS FOR HAVING TO APPEAR IN THIS ACTION DUE TO PLAINTIFF'S BAD FAITH REFUSAL TO ARBITRATE - Defendant has unnecessarily incurred costs due to Plaintiff's bad faith refusal to arbitrate this action. Cal. Code Civ. Proc. § 1293 sets forth that when an agreementis entered into in California that provides for arbitration to be had within California, then the parties agree to the jurisdiction ofthe courts to enforce the agreement by making any orders provided for in Cal. Code Civ. Proc. § 1293,ef seq. Section 1293.2 states that “the court shall award costs upon any judicial proceeding underthistitle...” Here, the Contract and Addendum were entered into within California and provides for arbitration in California. Accordingly, this Court has the power to award costs in this action, even if it determines the matter must be arbitrated. As explained above, Defendant isforced to unnecessarily appear in this action due to Plaintiff's refusal to submit this matter to arbitration pursuant to the Contract and Addendum; as a result, Defendant is forced to file the instant Motion. (Bautista Declaration, { 2-8.) Plaintiff's refusal to remove this action to arbitration is unreasonable given that the Contract and the relevant law all point towards arbitrating Plaintiffs claims. As such, Defendantis entitled to its costs for having to unnecessarily appear in this action. Defendant’s costs for bringing this Motion are $435.00 first appearance fee and the $9.95 electronic filing fee. (Bautista Declaration, § 8.) IV. CONCLUSION Based on the recent decision in Sanchez, and the valid and enforceable arbitration clause contained within the Contract entered into by and between the parties, Defendant respectfully requests DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION -8- M A D I S O N L A W . A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 O o 2 0 N N A b h A W N — - N O N N N N R N N N N e e e e e e e e e m e e e m e s o w 9 O N U M H A W Y = O O 0 W Y A W N = O O that this Court grant its Motion to compel arbitration before AAA,stay the current proceedings, and order Plaintiff and Defendant to arbitrate this action pursuant to the written agreement between the parties and award Defendant $444.95 for having to bring this motion due to Plaintiff's refusal to stipulate to arbitration, Respectfully submitted on this 2" day ofNovember, 2018, by: MADISON LAW, APC Eric J. Bautista, ] Attorneys for Defeddant SC Motors, Inc. £ DEFENDANT SC MOTORS, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION -9- M A D I S O N L A W . A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - F a x (9 49 ) 75 6- 90 60 © 0 u N O& O W n B A W O N N N N O N N N N N O N N O N e m j m pe d m d f d m t p d b d be d p e X R 9 o O WU » B s W N = O C O O W N D W n B A R W O N DECLARATION OF MASAM ASLAMPOUR I, Karim Aslampour, hereby declare as follows: L. I am the manager and authorized agent ofSC Motors, Inc., (“SC Motors”) and am a custodian of records for SC Motors. I have personal knowledge as to the matters declared herein and can competently testify thereto if called upon to do so, except for matters stated on information and belief, which I believe to be true. With regard to each exhibit referenced herein, these documents were and are in my possession as I am a custodian of records for SC Motors. Asa custodian ofrecords for SC Motors, I am in possession of each exhibit referenced herein and am familiar with their terms. Since the documents were received and/or generated, I have maintained these records in the files of SC Motors, which I have maintained in my custody and possession until the present. The exhibits referenced herein are business records of SC Motors and were received, generated, and/or maintained in the ordinary course of business of SC Motors at or about the time these documents were received, generated, and/or maintained. On or about September 27, 2015, Plaintiff and SC Motors entered into the Contract for the sale of the Vehicle, containing the instant arbitration clause which provides that SC Motors will pay a maximum of $5,000 for arbitration fees, unless the law or the rules ofthe chosen arbitration organization requires SC Motors to pay more. Concurrent with signing the Contract, Plaintiff signed an Arbitration Addendum. Attached hereto as Exhibit “1” and Exhibit “2” respecitvely are true and correct copies of the Contract and Arbitration Addendum I located in SC Motors’ file for this transaction which was created at or around the time of Plaintiff's purchase ofthe Vehicle and which SC Motors has maintained in its files in the ordinary course of business. On or about December 7, 2017, SC Motors received a letter from Plaintiff's counsel, alleging SC Motors’ violation of the Consumers Legal Remedies Act. Attached hereto as Exhibit “3”is a true and correct copy of the December 7, 2017 letter alleging violations. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Executed in\evon . California. "DEFENDANT SC MOTORS,INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION -10- M A D I S O N L A W , A P C 17 70 2 Mi tc he l No rt h, fr vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 ~ Fa x (9 49 ) 75 6- 90 60 w w 0 0 9 o y U n A W N N R R N N N N N N — ® I 6 Lh 8B W N ~~ SS v ® a O A N B ® P = O Respectfully submitted on this 2" day ofNovember, 2018, by: Masamslamipoir DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION Js M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 C o 0 N N O N n h s W N N O R N N N N N N O N R N m m e d e m p m e d j t p e p e XW N h Fr U R N =~ OO © M a o n d ®R o - o o DECLARATION OF ERIC J. BAUTISTA 1, Eric J. Bautista, hereby declare as follows: 1. I am an attorney licensed to practice law in the State of California. This law firm, Madison Law, APC, and I represent Defendant in this matter. | have personal knowledge as to the matters declared herein, except as to matters declared on information and belief, for which I believe to be true, and can competently testify thereto if called upon to do so. On or about January 3, 2018, my office was authorized by Defendantto draft and send a letter to Plaintiff's counsel denying Plaintiff's claims and requesting that, in the event that Plaintiff wishesto pursue her claims, that Plaintiffsubmit her action through AAA. Attached hereto as Exhibit “4”is a true and correct copy of the January 3, 2018 letter sent to Plaintiff's counsel requesting Plaintiff submit the action through AAA. On or about June 29, 2018, six months after Defendant responded to Plaintiff's December 7, 2017, letter, Plaintiff, through counsel, submitted a demand to arbitrate with JAMS. Attached hereto as Exhibit “5” is a true and correct copy of the Demand that my office received from Plaintiff's counsel. On or about July 18, 2018, my office sent Plaintiff’s counsel a letter setting forth Defendant’s non-approval ofJAMS and reiterated that the matter should be submitted to AAA for arbitration per the Contract. Attached hereto as Exhibit “6” is a true and correct copy ofthe July 18, 2018, letter sent to Plaintiff’s counsel. I have not receive any response from Plaintiffs’ counsel. On or about August 14, 2018, our office sent JAMS a letter notifying JAMS of Defendant’s non- approval to arbitrate with JAMS per the Contract. Attached hereto as Exhibit “7" is a true and correct copy of the August 14, 2018,letter that I caused my office to send to JAMS. On or about September 24, 2018, Plaintiff filed a Complaint in this Court alleging violations of the Consumers Legal Remedies Act. To date, Plaintiff has refused to stipulate to submit her claims to AAA for Arbitration, thus this Motion has become necessary. Defendant requests an arbitration before the AAA pursuant to the Contract. The cost ofthe filing for Plaintiff is $200.00 and total fees for a consumer arbitration before the AAA are $3,700.00. Per the agreementto arbitrate claims in the Contract for the sale of the Vehicle, Defendant and ‘DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TOCOMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION J2- M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 92 61 4 Te l (9 49 ) 75 6- 90 50 - Fa x (9 49 ) 75 6- 90 60 a C C 0 0 u N & o w n = W w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff agreed that Defendant will pay for the cost offiling and arbitration or hearing fees with AAA up to a maximum of $5,000.00. Attached hereto as Exhibit “8” is a true and correct copy of the current fee schedule for consumer arbitrations before the AAA. 8. AAA is a fair and cost-effective alternative to litigation which coincides with the very intent behind arbitration in the first place: providing parties with a streamlined alternative to burdensome and costly litigation. 9, Defendant has incurred costs in the sum ofno less than $444.95 due to Plaintiff's refusal to stipulate to arbitration, broken down as $435.00 for the first appearance of Defendant and §9.95 for the electronic filing fee. I declare under penalty of perjury under the laws ofthe State ofCalifornia that the foregoing is true and correct. Executed in Irvine, California. Respectfully submitted on this 2™ day ofNovember, 2018,by: = Eric J. Bautisid "DEFENDANT SC MOTORS,INC'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION «]13- EXHIBIT “1” RETAIL INSTALLMENT SALE CONTRACT — SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer Number _4aa34 ContractNumber R.O.S. Number 60638032 Stock Number 037248 Buyer Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address) Including County and Zip Code (Including County and Zip Code) TAHERSVERDEIA $C MOTORS 21 RIDGECREST 609 W ORANGETHORPE AVE ALXIS0 VIEJO CA 92656 FLACENTIA CE. 92870 ORANGE (949) 874-2910 (714) 524-8400 agreements on the froni and back You, the Buyer (ang Co-Buyat, if a, may buy lhe vehicle below for cash or on credit. By signing this contract, you choose lo buy the vehicle on credit under the this contract. You agree to pay the Seller - Creditor (sometimes “we” or “us” in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below.We will figure your finance charge on a daily basis.TheTruth-In-Lending Disclosures below are part of this conlract. New Make Used Year and Model Odometer Vehicle Identification Number Primary Use For Which Purchased Personal, family or household unless EYUSDAL TT Gthenwiseindicated below. USED 2012 VELOSTER 29295 KMHTC6ADSCUD37248 LJ business or commercial FEDERALTRUTH-IN-LENDING DISCLOSURES -STATEMENT oF INSURANCE ANNUAL FINANCE Amount Total of Total Sale No person is required as a condilion financing PERCENTAGE CHARGE Financed Payments Price ehT RATE The dollar The amount of The amount you The total cost of broker. You are not required to buy any ciher insurance fo The cost of amounl the credit provided will have paid after your purchase on obtain credit, Your decision to buy or not buy other insurance your credit as credit will to you or you have made all credit, Including will not be a faclor in the credit approval process. a yearly rate. cost you. on your behalf. Paynénts26 your aaa scheduled. payment Vehicle Insurance g__ 1000.00 ;. Term Premium 8.000 og 0.00) |g 13800.00 ¢ 13800.00(,) |g 14800.00() $s B/RpeyCorp,Fics Thet wos 5 N/A {e) means an estimate s__ ¥/RApeycolision mxN/A YOUR PAYMENT SCHEDULE WILL BE: Bodily Injury § JBis Hs $RIS Number of Payments: Amount of Payments: When Payments Are Due: PropertyDamage § M/Rimits Mos §_M/A One Payment of H/A Medical_M/A ~~ussF/B 5/A Mss N/A One Payment of B/A Total Vehicle insurance Premiums s_B/h; BT myroman: NETHACERT. P29. 0Fatayo) 0.00 FOR SUCH COVERAGE IS NOT PROVIDED BY THIS AGREEMENT. - You may buythe physical damage insurance this contract requires Manthly beginning (see back) from choose who is acceptable to us. You 1 13800.00 10/27/15 &re not required othgr to obtain credit Buyar X NST { A Co-Buyer X . One final ent IY T—— peyme 0.00 Seller Late Charge.If payment is not received In full within 10 days 2fier itis due, you wit pay 2 late charge of 5% of the part of the payment thatis late, Prepayment. If you pay off 2 your debt early, you may be charged a minimum finance charge, Security Interest. You are giving 2 security inierest in the vehicle being purchased, Additional Information: See this contract for mare information including information about nonpayment. defau®t, any required repayment in full before the scheduled date, minimum finance charges, and securlly Interest. [TEMIZATION OFTHE AMOUNT FINANCED (Seller may keep part of the amounts paid to others.) 1. Total Cash Price A. Cash Price of Moior Vehicle and Accessories $.13279.40( 1. Cash Price Vehicle $132792.40 2. Cash Price Accessories s____H/A 3. Other (Noniaxabie) Describe _§ H/A_ Describe ___ —S H/A_ B. Document Processing Charge (not a governmental fee) §____75.0068 C. Emissions Testing Charge (not a governmental fee) §__50.000 D. (Optional) Theft Deterrent Device (to whom paid) SAFE GUARD $ _H/A©D) E. (Optional) Theft Deterrent Device (fo whom paid) MAA $ B/AE) F (Optional) Theft Deterrent Device (fo whom paid) $ _H/AF) G, (Optional) Surface Protection Product [lo whom paid) s H/A®G) H. (Optional) Surtace Protection Praduct (to whom paid S_ H/AH I. EY Charging Station (to whom paid) $ H/AM J. Sales Tax (on taxable items in A trough 1} $s 1072.35.) K. Electronic Vehicle Registration or Transfer Charge Innl a rinviaenmantal toa) (la wham naif! « RAK il any insurance is checked below, policies or cerificales fiom the nemed insurance companies will descrioe Ihe lerms and condiions., Application for Optional Credit Insurance LI Credit Life: [1 Buyer [J Co-Buyer [J Both LC) Credit Disability (Buyer Only) Term Exp. Premium Credit Life MBs5B/A Credit Disability MFBos, $sH/A Tota! Credit Insorance Premiums §_HJ/A(D) Insurance Company Name ama M/A Home Office AddressM/A s . Credit life insurance and credit disability insurance are not required to obtain cred,Your decision to or not buy credil fife and credif disability insurance will nol be a factor in the credit approval process. They will not be provided unless you sign and agree 10 pay the extra cost. Credit ile insurance is based on your original payment schedule. This insurance may 101 pay all you ows on this contract if you make lale payments. Credit disability insurance does not cover any increase in your payment or in he number of payments. Coverage for credit ite msueance and credit disakility insurance ends on the ongina! due date for the last payment unless a different lerm for the NSUBNCE is Shown above. You are applying for the credit insurance marked above. Your signature below means that agree that:(1) You are not eligible forinsurance if youhave c SOIET A (ME AAI TII Fn bgdy K. Electronic Vehicle Registration or Transfer Charge (not a governmental fec} (to whom paid) ras___N/AK L. (Optional) Service Contract (fo whom paid $ ___B/AW M. (Optional) Service Contract (to whom paid) — 3 __R/AM N. (Optional) Service Contract (to whom paid) 3 _H/AN) ©. (Optional) Service Contract {to whom paid) 8 H/A(©0) P. (Optional) Service Contract (lo whom paid) aaal H/AP) Q. Prior Credit or Lease Balance paid by Seller 1c —_Y// = lg N/A©) (see downpayment and trade-in cakcuiation) A. [Opticnal) Gap Contract (10 whom paid) 5 E/A®R) S. (Optional) Lised Vehicle Contract Cancellation Option Agreement $s._H/A® To Db feVon pal)hreronea For asSREP Total Cash Price (A through T} $_.14476_750) 2. Amounts Paid to Public Officials A. Vehicle License Fees Estimate S$___300DOA 8. Registration/Transfer/Titling Fees $15.00) C. California Tire Fees $__BJAG D. Other Smog/Trancfer5N/AD Total Offigial Fees (A through D) §___315.00@ 3. Amount Paid io Insurance Companies (Total premiums from Statementof Insurance column a # bj $s.H/Ag 4. §g State Emissions Certification Fee or [J State Emissions Exemption Fee $B.2514) 5. Subtotal(1 through 4) §$_14800_000) 6. Total Downpayment A. AgreedTrade-In Valve Yr Make 3 3 _H/AR Model Odom VIN B. Less Prior Credit or Lease Balance (e} $..N/AB C. Net Trade-In (A less B) (indicate il a negative number) $___N/A D. Deferred Downpayment $s_N/AD E. Manufacturer's Rebale s_W/AE F. Other = oy. | B/AFR G. Cash $__1000_00(¢) Total Downpayment (C through G) $_1000006 {If negative, enter zero on line § 30d enter the amount less than zero as a positive rumber on tine 1Q above} 7. Amount Financed (5 less 6) $_13800.007 above, Yoursignature below meansthatyou agree that, (1) You are not eligible forinsurance fi yfae bl r 65th gay. (2) You are ped for i Insurance onl are working for wages t 30 hours a eepo on Te Eiectve e. (3) Only the ey er is eligible for ai insurance, DISABILITY INSURANCE MAY NOT COVER CONDITIONS FORWHICHYOU HAVE SEEN A DOCTOR OR CHIROPRACTOR IN THE LAST 6 MONTHS (Refer to “Total Disabilities Not Covered” in your for oa. You wantto buy surance. 032785 x N mS EZ Date BuykrSignature Age 2045 x oo wr Date Co-Buyer Signature Age OPTIONAL GAP CONTRACT A gap contract (debt cancelle- tion contract) is not required 10 obtain credit and will not be provided unless you below ard agree to pay the extra charge. If you choose to a gap conlract, the charge is shown in item 1R of the femizafion ofAmount Financed. See your gap contract for details on the terms and conditions i provides. it is a part of this contract. Term _M/A os. N/A , Name of Gap Contract | want to buy a gap Vd ) Buyer Signs X . ~ ms, OPTIONAL SERVICE CONTRACT(S) You want lo purchase the service contract(s) written with the loffowing company(ies) for the term(s) shown below for the charge(s) shown in dem 1L,1M, IN, 10, and/or 1°. 1L Company TermBAB. Mos.or MIB Mies 1M Company TermM/A Mos.or —__M/A Miles 1N Company TemBJAMosor.BJAMies 10 Company TermMSAMos orBAR Miss 1PSOT 2 os, or Miles bobo Bi ASBNEred SELLER ASSISTED LOAN BUYER MAY BE REQUIRED TO PLEDGE SECURITY FOR THE LOAK, AND WiLL BE OBLIGATED FOR THE INSTALLMENT PAYMENTS ON BOTH THIS RETAIL INSTALLMENT SALE CONTRACTAND THE LOAN. Proceeds of Loan From: _._M/A Amount§EMfAFnance Charge $ ma AUTO BROKER FEE DISCLOSURE If this contract reflects the retail sale of a new motor vehicle, the sale Is not subject to a fee received by an autobroker from us unless the following box is checked: HOW THIS©CONTRACT CAN BE CHANGED. Thiscontract contains the entire agreement between youand us relating to this contract. Any change 10 thecontract must be in writing and both you and wemustsign it. Nokisare binding.Buyer Signs X \ L AS : Tolal$HJMPayavlein ___mfn ||] Name of autobroker receiving fee, if| CoBuyer Signs xX instalments ofS _____S/A.SM/A|| applicable: from this Loan is shown in item 6D. SELLER'S R CANCEL [f Buyer and Co-Buyer sign here. the provisions of the Seller's Right 10 Cancel Section on the back giving the Seffer the right to cance! if Seller is unable lo assign this contrat financial Inglitution will apply. x LR) < : X Buyer Co-Buyer Agreement to Arbit afar below, you agree that, pursuant lo the Arbitration Provision on the reverse side of this conteact, you or we may elect to resoive ary dispute Dy neutral, binding arbitration al ot a court GHesthe Arbitration Provision for additional information concerning the agreementto arbitrate, Buyer SignsX TEen Co-Buyer Signs X osm eo OPTION: [I You pay no finance charge if the Amount Financed, item 7, is paid In full on or before Year . SELLER'S INITIALS ___._ THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. if YOU ARE UNSURE WHETHER OR NOTYOUR CURRENT INSURANCE POLICY WILL COVERYOUR NEWLY ACQUIRED VEHICLEIN THE EVENTOF AN ACCIDENT,YOU SHOULD CONTACTYOUR INSURANCE AGENT. VARNING: YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU DO NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS OMLY THE DEALER, USUALLY UP TO THE AMOUNT OF THE UNPAID BAL FOR ADVICE, LL COVE! E REMAINING AFTERTHE VEHICLE HAS BEEN REPOSSESSED AND SOLD. THAT WILL PROTECTYOU (IN THE EVENT OF LOSS OR DAMAGETOYOUR VEHICLE,YOU SHOULD CONTACTYOUR INSURANCE AGENT. THE BUYER/SHALL SIGN TO 4C{NOWLEDGETHAT HE/SHE UNDERSTANDSTHESE PUBLIC LIABILITY TERMS AND CONDITIONS, SSX. CaS.SrSC - Tonshn bu Paria A monnmants Cally snlind an Ielnrmnting fam mr nedine thn Ganhaliae ne lasnne nln tend in abinla Bn ards m ob tha aonamaial ahain Dams AD of lhe Baaieedien ob A amr Flannand | JAR"1 Ld TUL piby 110 aee LOIS 1 IE AIIULIL EUILED, NE 0 Pa IU WIWe ens ove ‘ CO benen THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHC PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR NOTNASTIENE INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE INTHE EVENT OF AN ACCIDENT,YOU SHOULD CONTACTYOUR INSURANCE AGENT. WARNING: YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED, IF YOU DO NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT CR THROUGH THE SELLING DEALER, HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALEN, USUALLY UP TO THE AMOUNT OF THE UNPAID BA E REMAINING AFTERTHE VEHICLE HAS BEEN REPOSSESSED AND SOLD, FOR ADVICE ON FULL CO THAT WILL PROTECTYOU INTHE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACTYOUR INSURANCE AGENT. THEBYU HALY SIGNTO ACKNOWLEDGETHAT HE/SHE UNDERSTANDSTHESE PUBLIC LIABILITY TERMS AND CONDITIONS. SSX le S : - X Trade-in Payofi Agreement: Seller relied on information from you andéor the lienholder or lessor of your rade-in vehicks to arrive at the payoffamourshown in fem 68 of the itemization of Amount Financad as the ‘Prior Credit or Lease Balance.” You understand that the amount quoted is an estimale. Sefler agrees ta pay the payoff amoynt shovm in 68 ta the ienfiolder or lessor of fhe trade-in vehiciz, or its designee.ff the actual payoff amount is more than the amount shoyin in 62, you must pay the Seller the excess ondemand. Ifthe act a Is fess than the amount shown in 68, Seder vill refund to you anyoverage Sefler receives from yourprior lienholoer oflessor, Exceplas stated inthe NOTICE" on the back ol this contract, iffies of thig egtract vill not be obligated lo pay the Prior Credit or Lease Balance shown in 68 or any refund. Buyer Signature X __[ nS Co-Buyer Signature X Nofice to fue: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in.(2) You are entitled to a completely filied in copy of this agreement. (3) You can pes the full amount due under this agreement at any time. (4) if you default In the performance of your obligations under this agreement, the vehicle may repossessed and you may be subject to suit and liability forthe unpaid indebtedness evidenced by this agreement. H you have a complaint concerning this sale, you should try to resolve i with the seller. Complaints concerning unfalr or deceptive or methods by the selfer may be referred to the city attorney, the district attorney, or an investigator for the Departmen! of Motor Vehicles, or any combination thereol. After this contract Is signed, 1b@ seller may not change the financing or payment terms unless you agree In writing to the change. You do not have to agree to any change, and if Is an unfair or deceptive for seller to make a unilateral change. Buyer Signature X oN nS _____ Co-Buyer Signature X The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION| AGREET0THETERMSOFTHCONTRACT,YOU you may only cance! tis contract with the agreement ofthe seller or for legal cause, such as fraud. However, California law does require 3 ary "sinec™ oF THIS CONTRACT. INCLUDING THE seller to offera two-day contract cancellation option on used vehicles with a purchase price of lessthan forty thousand dollars ($40,000), subject ARBITRATION PROVISION ON THE REVERSESIDE,BEFORE lo certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a moloreycle, SIGNING BELOW, YOU CONFIRM THAT YOU RECEIVED A or an off-highway motor vehiclsupiect to identification California law. See the je contractcancellation option agreement for details. COMPLETELY FILLED COPY WHEN YOU SIGNED IT, Buyer Signature X (LXfleoS uk DaeSearsCo-BuyerSignatureXDate_gop7pg45— e lorCo-Buyers and Other Owners — A co-buyer Is a person who is q the enlire debl. An olher owner is a person whose name is on the title to the vehicle but does not have lo pay the cebl. The other owner agrees 10 the security interest in the vehicle given to us in this contract, Other Owner Signature X Address GUARANTY: To induce us fo self the vehicia to Buyer, each person whe signs as a Guarantor individually guarantees the payment of this contract. If Buyer fails to pay any money owing on this contract, eech Guarantor must payI when asked. Each Guarantor will be liable for the total amount owing even il other putns also sign as Guarantor, and even if Buyer has a complete defense to Guaranior's demand for reimbursement, Each Guaranlor agreesto be liable even if we do one or more of the lollewing: (1)gwe the Buyer more time 'o pay one of more payments;(2) give a full or parlial release lo poyofhet Guarantor; (3)release any security; (4) accept less from the Buyer than the total amount owing; or (5) otherwise reach a settlement relating fo this contract or extend the contract. Each Guarantor acknowledges receipt of a completed copy of this contract and guaranty at the time of signing. Guarantor waives nofice of acceptance of this Guaranty. notice of the Buyer's non-paymenl, non-perfarmance, and default; and notices of the amount owing ai any time, and of any demands upon tha Buyer. Guarantor X ~—- Date _pogprpaqs Guarantor X Dele QOR7IRO1S Address pba : Address Seller Signs SC MOTORS Date _paEp7mn4s ByYX Lore”fergoger LAN FORM NQ, 553-CA-ARB wr 1180S PAINT 83, 150,727 ©2913 The Reynokiz and Reynaids Company 10 OROLH www pzrstemur 00 23¢ BFE, wa 78081BEE THE PRINTER MAKES 50 WARRANTY. EXPRESS OF IMPLIED, ASTO CONTENT FITHERS FOR PURPOEE OF THIS FORA. CONSUL) YOUR OWN LEGAL COUNSEL, ORIGINAL LiENHOLDER Tite EX(we, OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed, Selle! - Croditor may receive part of the Finance Charge. How we will apply payments. We may apply each payment t¢ the earned and unpaid part of the Finance Charge, to the unpaid parl of the Amount Financed and io other amounts you owe under this contract in any order ve choose. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, znd Total Sala Price shows on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Tota! of Payments, and Total Sale Price will be mote if you pay late and less if you pay early Changes may take the farm of a larger or smaller final payment or, at our option. more of fewer payments cf the same amour! ag your scheduled payrnent with a smaller fina! payment. We wilt send you a notice felling you about these changes before the final scheduiad payment is due, You may prepay. You mey prepay all or part of the unpald part of the Amount Finariced at any time. | you da sp, you must pay the earned and unpaid part of the Finzner Charge and all other amounts due up to the date of vour payment. As of the date of your payment, if the minimum finance charge is greater than the earned Finance Charge, you may be charged the difference: the minimum finance charges is as follows: (1) 823 if the original Amount Financed does not exceed $1.0C0, (2) $50 it the original Amount Financed is more than $1,000 but not more than $2,000, of (33 §75 if the origina! Amount Financed is mora than $2,000. 2. YOUR OTHER PROMISES TO US 8, if the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract avenif the vehicie is damaged, destroyed, or missing. GAP LIABILITY NOTICE In the event of theft or damage to your vehicis that results in a total loss, there may be a gap between the amount you owe under this contract and the proceeds of your insurance settlement and deductible. THIS CONTRACT PAOVIDES THAT YOU ARE LIABLE FOR THE GAP AMOUNT. An optional gap coniraci (debt cancellation contract) for coverage ¢f the gap amount may be offered for an additional charge. Using the vehicle. You agree not fo remove the vehicle from the U.S. or Canada, or to sell, ient, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation or involuntary transfer. lf we pay any repair bills, storage bills, taxes, fines, or charges on the vehiclz, you agree tc repay the amount whan we ask for it, Security Interest. You give us a security interest in: * The vehicle and all parts or goods installed on if; * All money or goods received (proceeds) for the vshicle: « All insurance, maintenance. service. or other contracts we finance for you; and = All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this conlract, It also secures your other agreements in this contract as the law allows. You will make sure the titie shows cur security inlerest (lien) in the vehicle, You will not allow any oiher security interest to be placed on the title without our written permission. Insurance you must have on the vehicle. You agree to have physical damage insurance covering ioss of or damage to the vehicle for the term of this coniract. The insurance must cover our interest in the vehicle, if you do not have this insurance, we may, if we choose, buy physica! damage inswance. if we decide to buy physical damage insurance. we may either buy insurance thal covors your interest ard aaurinieresl in the vehicle, of buy insurance that revidre Arbo fur ledeeaar Ws by 16 aw hfeAE Ye We wilt sei the vehicle if you do not gst if back. If you do not redesm, we will seli the vehicle. We will send yeu a writlen notice of sale before selling the vehicle. We will apply ie money from the sale, less ailcwed expenses,ta the amount you owe. Allowed expenses are expenses we pay as 2 direct regult of taking the vehicle, helding it, preparing it for sais, and selling it. Attorney fees and court costs the iaw permits are also allowed expenses. If any money is left (surplus). we will pay it 1= you unless the law requires us to pay it to someone else, if money from ie sale is not anough to pay the amount you owe, you must pay the rest (ous. If you do not pay this amount when we ask, we may charge you irterest at the Annual Percentage Rate shown on the lace of this contract, nol in exceed the highest rate permitted by law, untit you pay. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance. maintenance. service, or other contracts. it we demand that you pay al! you ewe at once or we repossess the vehicle, we may claim bencfite under these rontrects and cance: them to cbiain refunds of unearned charges io reduce what you owe ar repair the vehicle. If the vehicle is a total loss because if is confiscated, damaged, or stolen. we may claim benefits under these coritracts and cancel them to obtain refunds of unearned charges Io icduce what you own, 4. WARRANTIES SELLER DISCLAIMS i you do not get a written warranty, and the Setiey does not enter into a service contract within 80 days from the date of this contract, the Seller makes no warranties, express of implied. on the vehicie, and there wil! be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide, If the Selier has sold you a certified used vehicle, the warnianty of merghantability is oot disclaimed. Used Car Buyers Guide. The information you see on the window form for this vehicle Is part of this contract. Information on the window form overrides sny contrary provisions in the contract of saie. Spanish Translation: Guia para compradores de vehicuios usados. La informacién que ve en el formularic de ia ventanilla para este vehiculo forma parte dei presenie confrato, La informacion del formulario de la ventanilla deja sin efecto toda disposicion en contrario contenida en el contrato de venta. 8. Servicing and Collection Contacts. You agree that we may fry io contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages. and automatic telephone dialing systems, as the law allows. You also agres that we may try 10 contact you int these and other ways at any address or telephone number you provide us, even if tha telephone number is & cell phone number or the contact results in a charge to you 7. Appiicable Law Federal few and Caiifornia law apply to this contract. if any part of this contract is not valid, all other parts siay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may exlend the time for making same payments without extending the time for making others. 8. Warranties of Buyer. You promise you have given fru2 and correct information in your application for credit, and you have no knowledge that will make that information untrue in the future, We have relied on tha truth and accuracy of that information in entering inte this contract. Upon raquesi, you will provide us with documents and other information necessary to verity any item centained in your credit application. You waiva ihe provisions of Calif Vehicle Code Section 1208.21 snd authoriza the California Depariment of Motor Vahicias to furnish your residence address 10 Us ——— — — — damage insurance. if we decide io buy physical damags insurence, we may either buy insurance that covers your interest and cur interest in the vehicle, or buy instirance that cavers only cur intzrest. If we buy either type of insurance we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on the front of this contract or, at our option, the highest rate the law permifs.It the vehicle is fost or damaged. you agree thal we may use any insurance se'flement 10 reduce vehai you owe or regair the vehicle. = What happens to returned insurance, maintenance, sevice, or other contract charges. If wa gel a refund of insurance, maintenance, s&ivice. or ether contract charges, you agres that we may subtract the refund from what you owe xR iF YOU PAY LATE OR BREAKYOUR OTHER PROMISES z. You may owe late charges. You will pay a late charge on each late payment as shown on the front. Acerptance of a late payment or late charge does nol excuse your late payment or mean that you may keep making fate paymonts. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises {defsult), we may demand that you pay all you owe on this contract at once, subject to any right the law gives you lo reinstate this contract. Default means: * You do not pay any payment on time; = You give fatsa, incomplete, or misleading information on a credit application; + You start a proceeding in bankruptcy or one is started against you or your property: « The vehicle is lost, darraged or destroyed; or «You break any agresernents in this contrac The amount you will owe will be the unpaid part of the Amount Financed pius the sarmed and unpaid part of the Finance Charge, any late charges. and any amounts due hecause you defaulted. ¢. You may have to pay collection costs. You will pay our reasonable costs to cailact what you owe, including afforney fees, court costs, colieclion agency fees, and tees paid for other reasonable collection efforts, You agree to pay a charge nit to oxceed §15 if anv check you give 16 us is dishonored, d. We may take the vehicle from you. lf you default, we may take {repossess} the vehicle from yau if we do so peacefully and the law allows it. |f your vehicle has an electronic tracking device, you agree that we may use the device 10 find the vehicle. If we take the vehicle, any accessories, equigment, and replacement parts will stay with the vehicle. if any personal items are in the vehicle, we may stare them for you at your expense. If you do not ask for these items back. we may dispose of them as the law allows. e. How you can get the vehicle back if we take if. If we repossass the vehicle, you may pay lo get it back (redeem). You may redeern ihe vehicle by paying afl you owe, or you may have the right to reinstate this contract and redeem the vehicle by paying past due payments and any late charges, providing proof of insurance, and/or aking other action to cure the default. We will provide vou all notices require by faw to tell you when and how much to pay and/or what action you must take to redzem the vehicle. irre ® = FRE NT Ne teeta ebayer (| ANee zuthorizetheCaiitornia Desarimentoof Motor Vehicles 1c furnish your residence address 10 us. CREDIT DISABILITY INSURANCE NOTICE CLAIM PROCEDURE if you become disabled, you must ell us right away: (You are advited a send tis information 0 the same address to which you gre nortially required to send your payments, unless a different address or teie- phone number is given fo you in wrifing by us as the location where we would like to be notified ) We will tell you where lo get clam forms. You must send in the completed formto the insurance compary as sean 2s possivle and tell Us 2s scan as you do. If your disability insurance covers all of your missed payment(s), WE CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLGSE UPON OR REPOSSESS ANY COLLATERAL UNTIL THREE CALENDAR MONTHS AFTER your first missed payment is due or until the insurance company pays or rejects your claim, whichever somes lirsi. We can, however,try to collect, forecicse. gr repossess if you have any money due and owing us of are otherwise in detaull when your disability claim is made or it 2 senior mortgage orlien holder ie foreclosing. it the insurance company pays ihe claim within the three calendar manths, we must accept the money as though you paid on time.if the insurance company rejects the clatm within the threes calendar months or accepts the claim within the three calendar months on a partial disability and pays less than for a total disabiiity, you will have 35 days fram the date that the rejection of the acceptance ol the partial disability claim is sent to pay past due payments, or the difference between the past due payments and wnat the insurance company pays for the partial disability, plus late charges. You can contact us, and we will telt you haw much you owe. After that time, we carn take action io collect or foreclose or repassess any collateral you may have given. If the insurance company accepts your claim bul requires thal vau send in additional forms (¢ remain eligible for continued payments, you should send in these completed additional forms no later than required if you do not send in these forms oan time, the insurance company may slop paying, and we wil then be able io take achonto collect or foreclose of repossess any collateral you may have given. Seifier’'s Right to Cancel a. Seller agrees lo defiver the vehicle to you on the date this cantract is signed by Seller and you You understand that it may take a few days for Seller ta verify your credit and sssign the contract. You agree that it Seller 's unable fo assign the ceriract to any one of the financial | institutions with whom Seller regularly does business under an assignment accepiable to Seller. Seller may cancel the contract, b Seller shall give you written notice (or in any othar manner in which actual notice is given to you) within 10 days of the dats this contracl is signed if Seller slects io cancel. Upon recelpt of such notice. you must immediately return the vehicle fo Seller in the same zondilion as when sold, reasonable wear and lear excepied. Seller must give back to you all consideration received by Seller. including any lrade- in vehicia ¢ you donot immadiately return the vehicle, you shalt be liable for all expenses incuned by Seller in taking the vehicle from yaw. including reasonahls attorney's fees, d. While the vehicle is in your possession, all terms of the contract, inzluding those relating 1o use of the vehicle and insurance for the vehicls, shall be in full force and you shal! assume ail risk of loss or damage to the vehicle. You must pay all reasonable casts for repair of any damage to therine unti! the vehicle is returned to Seller, ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS . EITHERYOU ORWE MAY CHOOSETO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND MOT IN COURT CR BY JURYTRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHTTO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON haaAAYOU MAY RAVE AGAINST US INCLUDING ANY RIGHTTO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL A i A 3 DISCOVERY AND RIGHTSTQ APFEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND CTHER RIGHTS THAT YOU AND WE WOULD HAVE IK COURT MAY NOT BE AVAILABLE {M ARBITRATION, Any claim or dispute, whether in contract. tort, stafute ar othenvise (including the interpretation and scope of this Arbitration Provisicn, end the arbitrability of the clam or disnute). between you and us or our 2mplovess, agents. SUGCRSSOS OF assigns, which arises ¢utof oF relates fo your credit applicariaty, purchase or condition of his vehicle, this contract or ary resulting transection ar ralstionshop(including any such relationshie wiih third partes who go not sign this contractj ohadl, at your ofcur clection, be resolved by nevfrel. oinding mrbitration and rot by & coun action, If wderal law provides tat s clam ar cisputs ie net subject to binding arbitration. this Atbitration Provision shall not apply to such claimor dispute. Any ciaim of dispute onbobe artiwated By B singe arintralor Oo an idvidos! basic snd nat a3 5 ensaviien, Yoo! ayprasshy wave any.isfou may nave oo arbiliaie a glass chaese the American Argitration Asseziation, 1833 Broadway, 20th Flav, MeaYork, Mew “ory 1 LID nr any ther genial ‘ag the arvitration subject 0 sur approval You may Gal a cooy of the rules of an erbitiadion crganiz ingthe of;RNZalsn oF YISiEns ne — WANDAPNR GRE PRE LO ELPASSADeLHALYRY, CWE) 1 BJU CSRLUE (NEW PUN LAL 1 SRaGE) aly DEE OCUATZETIN 1G CONGUCT the arbitration subject to our approval. You may gel a canyof the rules of zn arbitration drganizetion by contacting the organization or sisiting 1s website Arbitrators shali be atierneys or retired judges and shall be selected pursuant to the applicable rules. Thi: arbitrator shall apply governing substantive lav ard the applicable statute of limitations The arbitratian hegand shall be conducted iy the federal district in which you reside untsss ihe Seler-Creditor is a parly 0 the claim or dispute, in which cass the hearing wilt bie held in the federal district where this contract was executed. We will pay your filing. administration, service or tase management tee and your arbitrator oi haaring fee all up to a maximum of $5000, unless the law or the rules of the chosen arbitration orgarization require us lo pay more. The amount we pay may be reimbursed in whole or in pant by decision of the arbitrator i the aditrator finds that any of your claims is frivolous undat applicable fay, Each party shall be responsible for its own aiorney, expert and other fees, Unless awarded by the erbitralor under SHCA. iaw. If the chosen arbitration organization's rules cenfiict with this Arbitration Provision, then ihe provisions of his Arbitration Provision shall control. Any arbitration: under this Arbitration Provision shail be governed by the Federal Arbitration Act (QUST. § 1 et. seq.) and not by any state law concerning arbitratizn. Ary award by the acbiteetor shall be in wnting and will be tinal and binding on all parties. subiest to aay iimitad right lo appeal under the Federal Arbitration Act You and we retain the right to seek remedies in smal claims cour for disputes or claims within that caut!'s jurisdiction unless such zolionis transferred, removed Gr appealed w a different court Nelther vel nor we waive ine fight 10 arbitrate by using sefi-heip remedies such as reposssssien, of by filing an action to recover ihe vehicle, to recavar a deficiency hatanae, or for individual injunctive relief Any court naving Jurisdiction may enter judument onlhe arbitrators award, This Adbitration Provision shall survive any termination. payott or iransler of this contract, if any part of this Arbitration Provision other than waivers of class action righls. is deemed of fqund 10 be voeniorceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or {ound to be unenforceable for any reason In 2 casa jn which clase action allegations have heen made. the ramaindar of this Arbitration Provision shat! 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 O8 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NGT EXCEEDX AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services otitained primarily for personal, family or household use. In ail other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses tha Buyer (debtor) may have against the Seller, or against the manufaciurer of the vehicle or equipment obtained under this contract. Seller assignsi's inferest in fis contract lo (Rssigne e) at iaddess; under the terms of Sefler’s agieement(s) with Assignee. 7 Assigned with recourse I" Assigned] withoul recourse TJ Assigned wilh Imad recourse [Seller By Title Form No. 553-CA-ARB 7/13 EXHIBIT “2” Full Disclosure Arbitration Agreement in case of Disagreement This document is to advise our customers that should a disagreement between the purchaser and the seller arises, that cannot be resolved by mutual agreement orlogical resource. Each party agrees to pay their own legal fees and that the case will be heard by a retired judge and arbitrator. The amount should not exceed the sales price of the unit. SC Motors Inc, stands behind all its car sales and intends absolutely no malice or perceived ill intention. Full disclosure to the best of our ability is provided on every sold unit regarding electrical issues, paint on units, normal wear and tear, unibody and or frame damage as acknowledged by the statement offacts, mechanical conditions of the car, Carfax we know is not always perfect and we have done our best to provide you with a Carfax but we cannot support nor do we state this is without flaw. We do not pretend to know the exact history of every car and it would be wrong to say we know exacts. We purchase the units as used units and again to the best of our knowledge the statements we make, we stand behind to the best of our knowledge. Our intention is for it to be known to our consumers that again no malice has been done in any matter with ill intent upon you purchasing this unit, Should the need arise for unforeseen events beyond the normal scope of known knowledge it is our only intent ta limit the liability, the reason for this agreement, Every car has been inspected to meet regulatory standards and our goalis for you the consumer to be pleased with your purchase. Some cars are still covered under manufacturer warranty, please ask for every car manufacturer has different rules that apply and we do not guarantee Lhe manufacturer's warranty for different manufacturers go by different methods and there is no way to guarantee this. We again only do the best we can for our customers and will gladly call the manufacturer on said units and gladly convey their coverage, Regarding the aftermarket warranties we do provide them for sale and again that is a third party that has been paid for rendered services and it is a contract between the consumer and the warranty company we only offer their said products based on the results provided to us by that third party company and their affiliates. Financing is based on the customer's credit worthiness alone and they will receive the appropriate rate as their credit worthiness alone and they will receive the appropriate rate as their credit worthiness merits. This agreementis acknowledgements that all forms have been disclose fully and to limit potential loses should unforeseen circumstances arise. All documents have been explains and this serves just as second notice on all signed documents. This is just acknowledgement of full disclosure and no malice intention by said dealer “SC Motors Inc.”, in the event of a disagreement. We appreciate you as a customer, st / 0 21 ( ‘i Ania 1 |27] 2015 Buyer Date Co-Buyer Date ADDENDUM TO RETAIL INSTALLMENT SALES CONTACT ARBITRATION VENUE Hyvuda Veé[foaTri 20/2 kmUtcoh DELUIE 21d VEHICLE MAKE MODEL YEAR VIN DEALERS STOCK NUMBER CLD HERMS BUYER CO-BUYER Buyer/Co-Buyer and Seller, as defined in the accompanying Retail Installment Sales Contract (“RISC”) executed in connection with Buyer’s/Co-Buyer’s purchase of the vehicle referenced above, reaffirm their agreement stated in the RISC that should a dispute with the American Arbitration Association (“AAA”) utilizing AAA's Consumer Arbitration Rules, amended and effective September 1, 2014, (“Consumer Rules”). This Addendum is meant to supplement the Arbitration Provision found in the RISC. Should this Addendum or any portion thereof, be found by any court of competent jurisdiction to be unenforceable for any reason, the remainder of the Addendum, as well as the Arbitration Provision found in the RISC, shall remain enforceable. AAA’s Consumer Rules may be found at www.adr.org for your review. Additionally, upon request Seller will provide you with a copy of AAA's Consumer Rules for your review. | agree to be bound by the foregoing. Additionally, | acknowledge that | have reviewed AAA's Consumer Rules and/or have been provided with an opportunity to do so. DATE: Aalzlis ASean BUYER DATE: = CO-BUYER So agreed. DATE: SELLER EXHIBIT “3” Law Offices of Kevin Faulk ® 530 Lawrence Expy. #361 @ Sunnyvale. CA 94083 © 408.599.3277 @ kfaulk'@:igmail.com December 7. 2017 Via Certified Mail, Return Receipt Requested SC Motors. Ine. 609 W. Orangethorpe Ave. Plicentia. CA 92870 Re: Claudia Herms-Verdeja 212 Hyundai Veloster lo Whom It May Concern: Please be advised that this law office represents Ms. Herms-Verdeja regarding the purchase described above. Please be further advised that this office retains a lien against all proceeds in this matter and that all future communication(s) regarding this matter must be directed to my office. His demandletter is an effort 10 resolve this matter prior to the initiation ol frigation Pursuant to the Consumer Legal Remedies Act. this demand letter serves as note to vou of your misrepresentations and deceptive acts involving the matter noted above Facts Relevant to this Claim On September 27. 2015. Mr. Monzon purchased the vehicle described above from vou. At the rime ofthe sale ofthe vehicle. youeither had altered it so that it could not pass un emissions. by changing the exhaust and removing the catalytic convertor. or vou talsilied the smog test. The vehicle could not legally be sold in California since it could TOL pass i smog test. Summary of Applicable Law California Vehicle Code § 24007¢b)(2) requires that a vehicle be smogged prior to sale. Without a smog certificate, a vehicle cannot be registered in the name of a new OWner, Pursuant to Califormia™s Consumer |Legal Remedies Act. the above acts and omissions violate California Civil Code § 1770(u): (2) Misrepresenting the source. sponsorship. approval. or certification of goods Or Services. (3) Representing that goods or services have sponsorship. approval. characteristics. ingredients. uses. benefits. or quantities which theydo not have or that a person has a sponsorship. approval, status. affiliation. or connection which he or she does not have. (9) Advertising goods or services with intent not to sell them as advertised. (14) Representing that a transaction confers or involves rights, remedies. or obligations which it does not have or involve. or which are prohibited by law. (16) Representing that the subject ofa transaction has been supplied in accordance with a previous representation when it has not. Statutory Demand Pursuant to California Civil Code § 1782 Parsuant to Civil Code § 1782(a)(2). Ms. Herms-Verdeja demands that you correct. repair. replace. or otherwise rectify said violations of Civil Code § 1770 within 30 days by: (1) repurchasing the vehicle and paying incidental damages: and (2) paying attorney lees and costs as called lor by statute. Warning Pursuant to California Code of Civil Procedure § 1033 Pursuant 10 these statutes. upon recovering a judgment based on this matter. PlainuifTmay have the right to obtain costs and attorneyfees in addition to the final judgment received. Preservation of Evidence Any and all documentation concerning the foregoing issues must be preserved in the event this case needs to be litigated in court. Any destruction or alteration of any related documentation shall be grounds for a speliation claim. justifying punitive damages and applicable jury instructions. Waiver of Rights to a Jury Trial Any signed waiver as to rights regarding the litigation ofthis matter that may potentiaily exist is void as against public policy pursuant to California Civil Code §§ 1751 and 1790.1 No Communications with Consumer You are to have no contact with myclients without advance written permission. AL communications concerning this matter must be directed (o the undersigned. 30 Days to Make Arrangements for Rectification As noted above. vou have 30 days from the date ofreceipt ofthis letter to make arrangements lor rectification with this office. After that time. we will be entitled tofile an action against vou to pursue damages. The CLLRA requires that attorneyfees. costs. and expenses are paid by you if we are successful, Thank vou for your time and attention. I look forward to hearing from vou. Sincerely. S oo * Ne/ F i Kevin ye wo. EXHIBIT “4” a i S S d F A O h h T R Lo 4 ™ ie LEi 3 17702 mitchell North MADISON Telephone: (949) 756-9050 irvine, California 92614 LAW Facsimile: (949) 754-9040 January 3, 2017 Mr. Kevin Faulk, Esq. VIA US. MAIL & E-MAIL Law Offices of Kevin Faulk kfaulk@gmail.com 530 Lawrence Expy. #361 Sunnyvale, CA 94085 RE: Claudia Herms-Verdeja v. SC Motors Date of Purchase: September 27, 2015 Subject Vehicle: Used 2012 Hyundai Veloster VIN No.: KMHTC6ADBCU037248 Dear Mr. Faulk, This office has the pleasure ofrepresenting Southern California Auto Sales, Ine. dba SC Motors (“SC Motors™). We are in receipt of your letter dated December 7, 2017, claiming that SC Motors violated the Consumers Legal Remedies Act (“CLRA™) in connection with your client’s purchase of a used 2012 Hyundai Veloster, VIN KMHTC6ADSCU037248 (“Vehicle™) from SC Motors. While we believe that your letter and notice therein is defective, SC Motors serves this response despite this defect and does so reserving all rights to challenge the effectiveness ofyour purported notice. As an initial matter, my client would like me to inform you that it denies the claims and allegations set forth in your letter. Our client did nothing wrong and complied with all disclosures and duties as required by law. In reviewing your client’s claims, it appears as if there is a disconnect between what your office has been told by your client and what actually occurred. The crux ofyour client's CLRA claim is that SC Motors must have altered the emissions system and/or removed the catalytic converter or falsified the smog test because approximately rwenry-nine months afier purchasing the Vehicle from SC Motors.it failed a smog test. We note that the Vehicle passed a smog test only three months before purchase, which can be confirmed with the Bureau of Automotive Repair. | have enclosed a copy of the printout from the Bureau of Automotive Repair's website confirming the same for the Vehicle. Quite frankly, the claim that SC Motors intentionally tampered with the emissions system, for no apparent reason at all, then sold the Vehicle to your client is simply absurd. There is no motivation for SC Motors 10 tamper with a Vehicle that it was trying to sell. Whatever caused the Vehicle to fail a recent smog test must have occurred at some point in the past twenty-nine months since your client has had possession of the Vehicle. For these reasons, our client is not inclined to provide any offer to your client in response to your letter. Wetrust this will fully and completely resolve this issue. In the event your client is insistent upon having a judgment entered against her, SC Motors hereby demands that this matter be submitted to arbitration with the American Arbitration Association and NOT superior court in light of the operative Retail Installment Sales Contract and in light ofthe fact that your client and SC Motors executed the Addendum to the Retail Installment Sales Contract, which has been enclosed for your review. As you may know, the California Supreme Court in the recent Sanchez decision stated that consumer arbitration agreements in the context of retail mmstallment sales contracts for vehicles is not unconscionable, (Sanchez v. Valencia Holding Co., LLC 61 Cal.4th 899.) In fact, the arbitration clause contained within SC Motors’ retail installment sales contracts are arguably more consumer friendly than the contract validated in Sanchez. (Id.) As such, the proper forum, if you choose to proceed with the instant claims, is arbitration with the American Arbitration Association. Wetrust this will resolve the issue. 1fyou have any questions, or would like to discuss this matter further, please (eel free to contact us, Si neerely, ~~ PUR LF James S. Sifers, Esq. MADISON LAW, APC Jy ry Californiz Bursay of »A AhE: ) Fr va wt toaniot] se Pepair Please Note: Any test records sent during the day will not be displayed until after midnight. This will not affect the transmission of electronic smog certificates to the Department of Motor Vehicles (DMV) for registration purposes. Select Either License Plate or VIN then enter the value of the License Plate or VIN. “*Note: "Display of both the VIN and plate number has been removed due to privacy concerns, Therefore, this information will not be reported back in the "Vehicle Test History Report’. You may continue to look up a vehicle's test history using either the VIN or the plate number. However, the Bureau recommends using the VIN to obtain the most accurate results as a vehicle's plate number may change.” Smog Check Program Areas Fact Sheet O License Plate ® VIN (Vehicle ID Number) License or VIN: |KMHTCBADBCU037248 Submit Vehicle Information STAR Referee Certification Certification Program Required Required Area NO NO Enhanced Number of Tests Found =3 Test Records Make Model Year| Date/Time Pass / Fail Certificate Referes HYUNDAI [VELOSTER BASE (2012 {11/20/2017 08:02 a.m. T HYUNDAI [VELOSTER BASE [2012 [11/02/2017 03:50 p.m. T HYUNDAI [VELOSTER 2012 [06/23/2015 11.38 a.m. P ¥T241353C Pass/Fail Code Definitions: P=Pass. F=Fail, A=Aborted, R=Not Ready, D = Data Check Fail. The vehicle's OBD system data is inappropriate for the vehicle being tested, T=Failed test with Emission Device found to be Tampered. *A "Blank" column can also indicate an aborted test, Back to Too Conditions of Use Accessibility Privacy Policy Job Opportunities Contact Us oN Copyright © 2013 State of California ADDENDUM TO RETAIL INSTALLMENT SALES CONTACT ARBITRATION VENUE Hyvuda _VeélosTrr 202 fm ahDE20d VEHICLE MAKE MODEL YEAR VIN DEALERS STOCK NUMBER CLAUDIA HERS BUYER CO-BUYER Buyer/Co-Buyer and Seller, as defined in the accompanying Retail Installment Sales Contract (“RISC”) executed in connection with Buyer’s/Co-Buyer's purchase of the vehicle referenced above, reaffirm their agreement stated in the RISC that should a dispute with the American Arbitration Association (“AAA”) utilizing AAA's Consumer Arbitration Rules, amended and effective September 1, 2014, (“Consumer Rules”). This Addendum is meant to supplement the Arbitration Provision found in the RISC. Should this Addendum or any portion thereof, be found by any court of competentjurisdiction to be unenforceable for any reason, the remainder of the Addendum, as well as the Arbitration Provision found in the RISC, shall remain enforceable. AAA's Consumer Rules may be found at www.adr.org for your review. Additionally, upon request Seller will provide you with a copy of AAA’s Consumer Rules for your review. | agree to be bound by the foregoing. Additionally, | acknowledge that | have reviewed AAA’s Consumer Rules and/or have been provided with an opportunity to do so. pate:| 2115 AReiS,diateDeee BUYER ATE CO-BUYER So agreed. DATE: a SELLER EXHIBIT “5” of me Demand for Arbitration Form Instructions for Submittal of Arbitration to JAMS Plessa subir this form to your AMY Reso ution Lanter nee the below wrems LL. 1-800-352-JAMS wove = ired, a SANT: prafastionel will ora ast nar dhe(0 oamtien se gtd cad Jair G2 wwwjamsadr com thos seiner privess ochadipg the cpodo ter i cae Liestat ein scl edting a Pmt th 3 duis il you wish 10 proceed wiin 2n arbiurzl.on by executing and serving a Demand for Arintraticn on the appropriate nary. please submit the [allowing items 0 AMS with [ha requested number of copize A. Demand for Arbitration {2 copies) B. Proof of service of the Demand on the appropriate party (2 copies) C. Entire contract containing the arbitration clause (2 copirs) «othe exiont pec dre any court sacs or stipulalions reccvant to this evbitration demand, e.g. an order com- petiariviration, pizase also include two copes D. Administrative Fees = For two ngrbe ngrrers, the Filing Foray $1,500 mattersacing three ul move parties, the filing fee 1s 82,200 The enitoe Diting Tee mus, we gut Hore expedite the commencement of the proceedings. Thercufter - - = a Case Mar ugerer Fee of 127% wid 0F wsz=s2d aguinet ali Frofessional Tees, including time spent for begins, pre- ani post tariv, pedi did vesturen and award preparation. JAMS alse charges a $1,500 Tirfe fui counterclaims For martes mueliing consumers, the consumer 1s only required to pay $250. See PRALG Puploy mi Lea umer Aroittuliyas Piosuant to Pre Dispute Cluuses. Tor matiers based on a clause or ayeeerrent that i required as u condition of pmplovment, the empioyee Is only required to pay $400. See JAMS Paley ok Cineloymeat Arbitrationg, Miaiinu. Standards of Fairness, o Arjuna of $600 will be issued if the matter is withdrawn within Jive days offiling. After [ive days, (he filing fen Is neaprefurdable Once completed, please submit to your local JAMS Resolution Center. Restiuiton Center locations cal be round oil tie JAMS website at. hip:jamsadr.comlocations/. Page tof 7Ldemeng (me Abe cs fan barn, Je (PARTY ON WHOM DEMAND FOR ARBITRATIONIS MADE) weeSCMotors,Inc. . His 609W. OrangethorpeAve.= RITY Placentia STATE PHONE FAX EMAIL RESPORDENT'S REPRESENTATIVE CR ATTORNEY (IFNCW: REPRESENTATIVE/AITORNEY James Sifers conan Madison Law MORESS 17702 Mitchell North GIy Irvine STATE PHONE © wwe Claudia Herms-Verdeja ADDRESS CITY STATE PHONE FAX ENAIL CLAIMANT § REPRESENTATIVEOR ATTORNEY (IF KNOWN) REPRESENTATIVE/ATTORNEY Kevin Faulk sora Law OfficesofKevinFaulk. soRiss 530 LawrenceExpy.,#361 ory Sunnyvale STATE PHONE 408-599-3277 ™ 408-800-4046 Et 949-756-9050 fM 949-756-8060 ewan jsifers@madisonlawapc.com Demand for Arbitration Form (continued) Instructions for Submittal of Arbitration to JAMS Addl maze respondents on page 6. SAL uF 92870 re wo92614.| Adc mure claimants on page 7 Ip — Sore miners $retEve arsb osm Poms She me—— CA wees|. kfaulk@gmail.com Wagan d fn ent li=m Page 2 of7 amsle Demand for Arbitration Form (continued)@ Instructions for Submittal of Arbitration to JAMS 0 iLmediating in anveaes ol he arbi ravon is desired, please check nee and 3 JAMS Cass Mzaager will assist (he parties ir: coordinating a mediatior, CLAIMANT HEREBY DEMANDS THAT YOU SUBMIY THE FOLLOWING DISPUTE TQ FINAL AND BINOING ARBITRATION, A MORE DETAILED STATEMENT OF CLALMS MAY BE ATTACHED IF NEEDED. On September 27, 2015, Ms. Verdeja purchased the vehicle described above from respon- dent. At the time ofthe sale of the vehicle, respondent either had altered it so that it could not pass an emissionstest, by changing the exhaust and removing the catalytic convertor, or respon- | dent had previously falsified the smog test. The vehicle could not legally be sold in California |] since it could not pass a smog test. California Vehicle Code § 24007(b)(2) requires that a vehicle be smogged prior to sale. Without a smog certificate, a vehicle cannot be registered in the name of a new owner. Pursuant to California’s Consumer Legal Remedies Act, the above acts and omissions vio- late California Civil Code § 1770(a): (2) Misrepresenting the source, sponsorship, approval, or certification ofgoods or ser- Vices. (5) Representing that goods or services have sponsorship, approval, characteristics, in- gredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he or she does not have. (9) Advertising goods or services with intent not to sell them as advertised. (14) Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law. | (16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not. Pursuant to Civil Code § 1782(a)(2), Ms. Herms-Verdeja demands (1) repurchase of the vehicle and incidental damages; and (2) attorney fees and costs as called for by statute. AMOUNT Ih CONTROVERSY (Us d0tLars: $14,800 Page 30i / Demand for Arbitration Form (continued) Instructions for Submittal of Arbitration to JAMS OC BIAMSE © Ins Cemend 1s made pursuant to tae arbitration agreement whichthe parties made as follows. Please cite lacation of arbitra- tion provision and attach two copies of entire agreement. ! ARBITRATION PROVISION LOCATION | Standard arbitration clause in a Retail Installment Sales Contract for a vehicle purchase, lhe respondent may file a response and count) claim (0 the above-stated claim according to the applicable arhiirziion roles Send the original response and counter-claim to the claimant at the address stated above with two copies to JAMS. REGUESTED LUCATION Orange County (IF COMPREIENSIVE RULES AFPLY) Camprehensive Rule 16.1 By checsing the box to the iefi, C.aimant requests thal the Expedited Procedures described in JAMS Compre- I aensive Rules 16, . and 15.2 he applied ui this mat’sr Responden! shall indicate rot laler than seven (7) days {rom the date this Demand :s served whether agrees to the Lypedired Procedures, a 7A DATE 5/2918A ] NAIE ernaveen) KevinFaulk - — Yepaan d lor cote tios Loom Page 4 of /E wale Demand for Arbitration Form (continued) ® Instructions for Submittal of Arbitration to JAMS Completion of this section is requiredforconsumeremployment claims. Please indicate if this is 8 CONSUMER ARBITRATION, For purposes of this designation, and whether this case will be ad- ministered in California or elsewhere, JAMS is guided by California Rules of Court Ethics Standards for Neutral Arbitrators, Standard 2(d) and (c), ss defined below, end the JAMS Consumer and Employment Minimum Standards of Procedural Fair- NESS: bd YES. sis SOMEUMER ARRITRATION [1 NQ, his is not a CONSUMER ARTITRATUN worstmer arbitration” means an erojiration conducted under # pre-dispute artiiration provision contained in a contract that meats the critera listed ir paragraphs (1) through (3) below "Consumer arlntrat'en” excludes arbitration proceedirgs conduct. ansing ait st sukblic or sivaie sactor leborrelatizns Iw, regulations, charter provisions, ordinances, statutes, ar agresmeEnts cmtrachic with 3 cor zurer par'y és celinen in thews stargarce, ¢ tlmss fracted by or 00 bent of the non-cersumey 2arty, ard 4 The concumor party Was reqa’ved (© accent TRE 3roliration provisicn ih the conoract, LLorsuimer pany Is a pEriy to an arbivrattor agreement who, ir tre context of that arbitration agreement, is any of the (cllow- ng arondwvigual whe secls or acquires, inc uding by lease, any goods oF ssvvices primarily for personal, family, or housenele prreoses irciuding but rot limited to financial services, insurance, and other goods and services as cef'nec (mn section 70) of the Ciwvit Joge, =r muvigual wae s 20 enralles, 3 subscrioz), or insured in 8 nealih-care service plan within the meaning of sec- Cor L848 of the Hes ltr arc Safety Code or nealth care inguvance pan within the meaning of section 106 of the Ir sui ance Code, 3 Ar ndrmgral wrth a medical malpractice © aim taal is subj2ct to the arbitresion agreement; or vw Ar emplovee or an applicant for employment in a dispute avising cut of or relating to the err proyee's employment or the applicants prospective emplipyment that 13 subject to the arbitration agreement aaion [AMS 1s quizzed by 1s Consumer Mirirum Standards and Emzloymens Minimum Szandards when determining wether ¢ Mesler 1s a cansumar matter If Respondent disagrees with the assertion of Claimant regarding whether this IS or IS NOT a CONSUMER ARBITRATION, Re- spondent should communicate this objection in writing to the JAMS Case Manager and Claimant within seven (7) calendar days of service of the Demand for Arbitration. if this is an EMPLOYMENT matter, Claimant must complete the following information: Private arhitzation -ompeaes ore fequared 0 selleet and pudlich certain wformasion at least quarterly, and make it available tne subs s 3 oeeateescarchanle torrLn ermloyment cases, this includes the amount of the employee's annual wage. The emclaver's name will not appear in the da'nbage, but “he emzleyer's nama wiil be published, Please check the applicable Fos bclew [] Less than $100,000 [J] $100,000 to $250,000 [] More than $250,000 [[] Decline to State In certain states (e.g. California), the law provides that consumers (as defined above) with a gross monthly income of less than 300% of the federal poverty guidelines are entitled 10 5 waiver of the arbitration fees, In Those caser, the respondent ast pan 100% si the s2os Copetimers 'aast submit a dec.aration ander oath slaling fhe consumer's monrhly income and the num: Ni persons HNN hous or her nousehoale Please contact [AMY ef 1-800-252-5267 for further formation, Nate: this rejutr=ment is no apmlicable in all erates Page b af 7Yep| fares epee of umste Demand for Arbitration FOrm (continued) RESPONDENT KAME ADDRESS city PHONE Instructions for Submittal of Arbitration to JAMS (PARTY ON WHOM DEMAND FOR ARBITRATION iS MADE) RESPONDENT'S REPRESENTATIVE OR ATTORNEY (IF KNOWN) REPRESENTATIVE/ATTORNEY FIRM/ COMPANY ADORESS cIry PHONE RESPONDENT NAME ADCRESS CITY FriokE Fal d RESPONDENT'S REPRESENTATIVE OR ATTORNEY (IF KKOWH) REPRESENTATIVE/ATTURNEY FIRM/ COMPANY ADURESS ciry PHONE STATE FAX EMAIL STATE FAX EMAIL (PARTY ON WHCMDEMANDFORARBITRATION IS MADE) - STATE Fax EMAIL STATE FAX EMAIL iIP IP ZIP Pe pgie (re Aah cqginon Prem Page 6 of 7 — — — — — — — — — — — CLAINANT NAME ADDRESS cimy PHONE FAX CLAIMANT'S REPRESENTATIVE OR ATTORNEY (IF KNOWN) REFRESENTATIVE/ATTORNEY FIRM/ COMPANY = a ADDRESS cry PHONE FAX CLAIMANT NAME ADDRESS civy PHONE FAX CLAIMANT'S REPRESENTATIVEORATTORNEY (IFKNOWN)_ REPRESENTATIVE/ATTORNEY FIRM! COMPANY ADDRESS city PHONE FAX Demand for Arbitration Form (continued) Instructions for Submittal of Arbitration to JAMS Demand foe Arh ration “orm STATE 2p EMAIL | engeetemer em—eg —-~ pi —| STATE Zip | EMAIL i | i tte# STATE 2p EMAIL STATE 2p | = Sa = ENAIL | Page 7 of 7 RETAIL INSTALLMENT SALE CONTRACT ~ SIMPLE FINANCE CHARGE : (WITH ARBITRATION PROVISION) Oeuler Nurmiber 44334 Conlrict Murmher R.O.S Number 60638032 wm Stock Number 037248 Buyer Name and Address Co-Buyar Name andAddiess “[Seller-Credigr {Name and Address) tnciuding County and Zip Code {Including County and Zip Code) “CLAUDIA CERDETA | SC MOTORS 21 RIDGECREST 609 W ORANGETHORPE AVE ALISO VIEJO CA 92656 | PLACENTIA CE. 92870 ORANGE (949) 874-2910 (714) 524-8400 You, the Buyer (znd Co-Buyer il any). may buy the vehicie below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under Ihe agrsemenls on the front and back of this contract Yeu agree to pay the Seller - Credlor (sometimes "we™ or “us” In this contract) the Amounl Financed and Finance Charge m U 8, funds according lo the paymenl scheduie below. We will igure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract New Make Used Yep and Mode! Odometer Vehicle ldentfizalion Number | Primary Use For Which Purchased TT 5 | Personal, family or household unless HYUEDAY otherwiseindicated below, USED! 2012 VELOSTER 29295 KMHTC6ADSCUD37248 ©! business or commercial FEDERALTRUTH-IN-LENDING DISCLOSURES HoTTATEMENT OF INSURANCE ] = No person is required as 8 condition of linancingANNUAL EIAs SEL ar “ haSale tha purchase ol a motor vehicleto purchase or negotiate any PERCENTAGE nance aymenis tow insurance (hrough a parilcular insurance corm tor RATE The dollar Me amuun of The amount you The (otal cos! of broker. You are act Sacred to buy a ipe0 The cost of arriount lhe cradit provided will have paid atter your purchase on obtain cradit, Your decision 10 buy notboy other instance your credit as credn will 10 you or yuu have made all credit, including | will not be a factor in the credit approval process. a a yearly rale cost you on you behall payments as your down scheduled. Finoa. 8 ¢ Vehicle Insurance 8 emir igh | erm remiurm 0.000 ols 0.00|5 13000.00 513000.00()|5 34800.00()| | 5N/Apwcorp fiesten tees B/A (e) means ar estimate | 5W/Apey Cosision bs 5N/R YOUR PAYMENT SCHEDULE WILL BE: = Cediybory So TXAumts ws sMIB Nunster of Payments. | Amounl of Payments: | When Payments Are Due Proparly Damage § ..._.MARimits ths 5 JAR One Payment of H/A Medical...M/AMesN/A_ ho 4 i cogIIRL Lielen cait TAL One Payment of B/A Total Vehicle Insutunce Premiums $ _¥7A; i - | — UNLESS A CHARGE iS INCLUDED IN THIS AGREEMENT One Payment of | PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, PAYMENT 0.00 | FOR SUCH COVERAGEIS WOT PROVIDED BY THS AGREEMENT. Sey —— You may buy the physical dzmage insurance his contract requires | Monthly beginning | (see back) from a chase who is acceptable to us, You 1 13800.00 10/27/15 | &0e not required a jasurance [o oblam cred, | Buyer X_ Ee MAS, l A ERBihBr pt Serabn One final peymen | | Si 0.00 Seller &..... . = ¥ Eos: Yis —— # any m wer 3 YE io ice nn x Lale Charge. If paymwntis nor rete in oy ane 10 days aferg cok, 30u A py 216tinge of 5% of he gin 1. IN papraent a ie 16 Ciel icetote-ate=lrRy~oe Prepayment if yuu pay off 21 yous debi guriy you may be chirped a maimum nance thee a Securtly Interest. fou are q'. ma 2 5% surly mareTin TE VE 11R bala purchased. | Application for Optional Credit Insurance Additional Information: Sei hsconiatd fr more ome wcydoqlogin abe ACTpEMENL Glau any required LJ CregtLile: ©) Buyer { Co-Buver [Both payment 5 4.sefire we sonenuisd Gale. minim ieance crores, secunly inesos iretep yment selire oe onenuied Gale. mini a icancs canrgrs, and cunly in | £7" Cradit Disability (Buyer Oniy) [TEMIZATION OF THE AMOUNT FINANCED (Seller may keep part of ihe amounts paid (o others.) Tarm Exp. Premium: 1 Total Cash Price | Credit Lite CBBos $5...B/A A Caun Price of Moor Vielicle ane ACzesson:s 5. 13275.40(~ Credit Disability .. BBs. ee J B/a + Cash Frico vehicle $13279.40 Tota! Credinsurance Premiums §BABE) 3 (ash Price Acessones S N/A Insurance Company Name... ___. .. _ ______. 3 Ohare INGMaxaLial rearce y Dascre - 8 BIA. | Home Offre Addiess .. - TRE as cin Descrte 3 BIA BIRemiee s _ 75.00, Credit life insurance and credit disability insurance are nol B' Document Processing Charge [noi a gavernmenta) fee) requied (0 obtain credit, Your decision 10 buy or nol buy credit | © Emssions Testing Crarga inal a governmental fee) s_....50.00) | file and credit disabilly insurance wif nol ho a actor in the D. 1GehionzThe!t Deterrent Device (lo whomped). SAFE GUARD §..__.. BIA creat 20prous process. They will not be prowded unless you‘ ‘WA R/AE sgn and agree to pay the extra cost. Credit life insurance is E (Opuanzl) TheDetaneal Dente fo whom paioy |A S. AR based on your otigial payment schedule. This insurance may FpuonzlThe Datertent Devise Ny whem pad S..... HIAF p16 py all you Gwe 0 [his Coniract if you make late paymentsGi | I Creda disabiiayinsurance coes nol cover any increase i your CG 'Oprangl) Surace Protectan Product iG whom pau! $ B/AG) paymen| or 'n the number of payments. Coverage for credit fe Coofs inss Boia SA bore sl ste paid: s JAH: wsurarce and credit disab.ly insurance ends on Ire origing! " is te igiug nceen JN Futuria vac pnd 2 B/Al Jue dale for the ‘ast paymenl ures & different EDne £4 Lr arg ng Staton tte se mids $ B/Ah 0 INSUENGE 1§ Shown above Sis Fas fr~ tavabie denis a A dnroug vs s 1072.35. || You are applying for the credit insurance marked {| above. Your signaturebelow means that you agree# BIRChrans Von nie Resairaton of Taesls Crane A EIGCHONT VENICE HEQISIAUON Of [IaNSier Liarge BUMIMM SignetSi (6 unees be igre ; K || thal; {1) You are not Sigkle forinsurance if have 1 Cost ETRE NeHIE<i Soo.B/AK | reached your 65th birthday. (2) You are eligible lor (Optional, Service Contraci fo whom paidi § B/AL) disability insurance only if you are working lor wages CR Optional) Serve Contract {lo whompid) $ . H/AM x profKona yaa or moe on rE N. (Optional Service Canleact {1 whom paid) $ HAM) ate. (3) Only the Primary Buyer is eligible foror eaeEeteanas : rr | disabily insurance. DISABILITY (NSURANGE MAY rN A RES: Wr PAVLIPSH ne | NOTCOVER CONDITIONS FOR WHICKYOU HAVE P 1Optonal) Serves Contract 1a whom paid) $ ~H/AF) SEEN A DOCTOR OR CHIROPRACTOR IN THE Q Prior Condit 6 Lease Balenco paid by Soller tg | | LAST & MONTHS (Refer to “Total Disabilities Not H/R a= eg B/AC, | ~ Covered" in your policy for details). ) ; You want to buy edif jnsurance. | LENE ACnnpByIiEn] ana teage-in calculation) = 1 R. (Ophonal Gap Contract {in wham pet) S. N/AR) | rr 712615 LI GRQue8 Be | 5 (©pnong!) Used Vehicle Colael Csncallavon Opin Agreement 3 H/AS) | Du Pup Stostue Ago | T Other (16 whom paid) Sans, one adhe ggia yo For 5 B/AMN = ule { o-Buycs Signature Ate I Tolal Cash Price (A though Tj % 14476.750) OPTIONAL GAP CONTRACT A gapcontract (debt cancelle- fon conlracti i not required to oblain viedil gad will not be 2. Amounts Paid te Public Officials | provided unloss you sign below and 26:9 10 pay the evlim A Vohitie License Fees Estimate 5 300.080" cheeaaFourcowie {8 shown x 5 | \ IB Regwwalion/Transler/ithag Fis s _. 15.008) | contract for details on the lerms and conditions i provides.1 C Califormia Tire Fees § .. .BI/AOC a part of this caniract 0 Oher Smog Abatement/Transfer Fee $ R/AD TermB/DwosBIA Total Official Fees (A throuan Di $ 315.007 , Name of Gap Conlract 3. Amaunt Paid to Insurance Companies | I want lo buy a gap gn e / . (Total premums from Statement of Insurance column 3 + $ .. .N/AG) Buyer Signs X ., [. A& <UAws, 4, tate Emissions Cerlilication Fee [[] State Emissions Exemption Fee S$. 8.251) m/—m—m————gs : ions ls ion or missi Pp s 1480000) OPTIONAL SERVICE CONTRACT(S) You wanl lo 5. Subtotal (1 through 4) . ud purchase the services contracl(s) writen with ihe follow| : . Tolal Downpa t | company(ies) ‘or the term(s) shown betafor the chargefs Bott Bowergppien © | shown in item iL, 1M, IN, 10, andor 1P ay SELLER ASSISTED LDAN BUYER MAY BE REQUIRED TO PLEDGE SECURITY FOR THE LOAN, AND WILL BE OBLIGATED FOR THE INSTALLMENT PAYMENTS ON BOTH THIS RETAIL INSTALLMENT SALE CONTRACT AND THE LOAN Proceeds ui Loan From. EA | Amon § B/AFfinance Charge § H/A | Tot8 KAA Payabie H/A. mstaliments of $ o aca dRiR 8 H/A AUTO BROKER FEE DISCLOSURE If this contract reflects the retail sale of a new motor vehicle, the sale is not subject ‘to a fee received by an autobroker from us unless the following box is checked: [[} Name of autobroker receiving fee, if A Agrecd Trade nValue Yr Maks, $e. BIKA) Magel Odom... LL COBENviamans meiiia cat ear VIN Term... HSA. Mos. or BIA. Mies © B Less Prior Credit ol Lease Balance ie) $ H/AE) 1M Company hoART C. Nel Trade-In (A (56 B) (ndicaie i & negative number) $ B/AIC) Term ..... M/A. Mos or BIA. Mies 0 Daferred Downpaymen! S H/AD) IN Company ert RA E Manufacturer's Rebale S. H/AE Term oe BAAMosor...HAA Mies POF ORE oe ed $s _ . HB/AF 10 COMPANY ceremem eres |GCash $_.1000_006G Term .....BAANos.or .. NSA. Mies Total Downpayment (C through G) $ .1000.006) TPCT cccwnat sin bePoEo hthbapa IV (I: pegative grad gern on ne € 307 ets Ihe amen G35 1han 2610 45 & posive ruber on ine 10) alee; CU "Kos. of...BIA Mies 7. Amount Financed (5 iess 6) $ 13800.000) | Buyer X.., Salers HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us refating 10 this contract. Any change to the vontracl must be in writing and both you and we rust sign it. No gr chgpges are binding. Buyer Signs X_.[. Xo TIS nS DOTHPETAREK cam ov cimamn rd rit ars Aare: RR2 . applicable: | from thus Loan ishown a tei: 60 i * SELLER'S RIGHT/YO CANCEL [I Buyer ai Co-Buyer sign here. Ihe proveionsy of he Slices Right 16 Canee5. tor on he back Qiving the Sellethe night 1o cancel if Seller 5 unable lo , assign Ins contr) top fiance! fnghtaron will apety. , Buyer ~~ Co-Buyer Agreement fo Arblirgfer gy s1gn-ng below. jou agree hal, pursuant i tha Art.inztion Provi2ion on the averse sae of nis conlizel, you or we may elett fa resolve ary dispuie by neutral, nding art traton ant rotpy a count fie. Sea tha Adpizeation Prosifor adelional ‘atermetion concernme the 2greementto artirate. alae» 5 SE ANAS Co-Buyer Signs # Buyer Signs X |orion: {2 You pay no Inance charge if the Amount Financed, item 7, is paid m full on or before = =oo eer comeYebr .._ _ SELLERS INITIALS_ THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE, IF YOU ABE UNSURE WHETHER OR anCURRENT (NSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACTYOUR INSURANCE AGENT. WARNING: YOUR PRESENT FOLICY MAY NOT COVER COLLISION DAMAGE OR MAY NCT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU DO NOT HAVE FULL COVERAGE. SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT QF THE UNPAIDwiREMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD. E FOR ADVIC :LL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS CR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACTYOUR INSURANCE AGENT. THE BUYERASHALY SIGN TO ACKNOWLEDGE THAT HE/SHE UNDERSTANDS THESE PUBLIC LISBILITY TERING AND CONDITIONS, ans TT PE TI"SISK —_— THE MINGAUM PUBLIC LIABILITY INSURANCE LIWAITS BROVIOED IR LAW MUST SE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR KOTYOUR CURRENT INSURANCE POLICY WiLL COVER YOUR NEWLY ACOUIAET VEHICLE IN THE EVENT OF AACCIDENT, YOU SHOULD CONTACTYUUR INSURANCE ARENT, WARNING: YOUR PRESENT POLICY MAY NOT COVER COLLISICH DAMAGE OR MAY WGT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. (F YOU DO NOT HAVE FULL COVERAGE, SUPPLEMENTAL COYERAGE FGA LOLLISION DAMAGE MAY BE AVAILABLE TG YOU THHOUGH YOUR INSURARGE AGENT OR THROUGH THE SELLING DEALER, HOWEVER, UNLESS OTHERWISE SPEC'FIED, THS COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ORLY THE GEALES, USUALLY UP TO THE AMOUNT OF THE UNPAID BALLMCE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD. FOR ADVICE AN FULL COVERAGE THAT WILL PROTECT YOU 1H THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YGU SHOULD CONTACT YOUR INSURANCE AGENT. THE BUYER/ASHALY SIGNTO ACKHOWLEDGE THAT HE/SHE UNDERSTANDS THESE PURLIC LIZBILITY TERMS AND CONDOMS. ~\Aan S v ¥BS Xin 3 Tradedn Payoff Agreement: Selier ried on in‘ormation from you and or fhe Senfoider or lessor of yout &s the “Prior Credi| o¢ Lease Balance.” Youurderstand ta! the amount gulcd is sn estimate Seber agress lo pay Lie payoll amourt shown i 68 to ne ienhaider¢ 18ss01 of 16 vad in vetade, of its designer, if the actual payol! amount is more than the amount shawn in 88. you nus! pay the Seler ine arcass on demand, Il he aciyal payoltGithan the amount show In 68, Sefer wil refund 10 you any overage Seller receives from you prior ienrilder of lessor. Excap! 2s slated in the "NOTICE" aden vehicks 10 anive 24 tiie payoff amour! shown in item 68 of the ltemizalion of Amoun! Firanoed on the ack of this conlrac). any assigiee of thig cghlract will not be obligatedtopay hi: Prior Credit of Lease Balance shown in 62 or anyrefund, Ve SvanS o . ... Co-BuyerSignatureX .. . co... ateBuyer Signature X . __{ B= he Smet mt Sarma - Notice to buyer: (1) Do niet sign this agreement before you read it or if it contains any blank spacesto be filled in.(2) You are entitled fo a completely filled in copy ofthis agreement. 9 ‘ou can prepay the full amount due under this agreementat any time, (4) If you default in the performance of your obligations underthis agreement, the vehicle may repossessed and you may be subject to suit and liability for the unpaid indebtedness evidenced by this agreement. 1 you have a complaint concerning this sale, yau should try lc resolve If with the selier, Complaints concerning unfair or deceptive pri or methads by the seller may be referred lo the city atlorney, the district altorney, or an Invesligalor for the Department of Motor Vehicles, ar any combination Ihereo! Alter this contract ts signed, seller may nol change the financing or payment lerms unless you agree in writing to the change. You do not have lo agree to any change, and it is an unfair or deceptive, rr seller in make & unileleral change. AL HA WS Lo, wu -.. Co-BuyerSlgnatureX ._ _.... . . _ _Buyer Signature X _. .. _. "The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. |ZNenMOTORS. LINN FORM NO 553-CA-ARB MT THEREIS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION| 50ASHE0THTERSOFTMSCOKRACE100 California law does nol provide for a “cooling-olf’ or other cancellation period for vehicle sales. Therefore, you cannot falter cancel fhis contract GAVE IT TO YOU. AND YOU WERE FREE TO TAKE IT AND simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign below, | REVIEW IT. YOU ACKNOWLEDGE THAT YOU KAYE READ you may only cancel this coniract with the agreement of the seller or for legal cause, such asfraud. However, California law does require 8 | BOTH SIDES OF THIS CONTRACT INCLUDING THE seller tooffer a two-day contract cancellation option on used vehicles with a purchase price of less than forty thousand dollars($40,000), subject ARBITRATIONPROVISION ONTHE REVERSESIDE, BEFORE {0 certain stalulory conditions, This coniract reveepgonroll lo the saleRHAvehicle,xrere SIGNING BELOW. YOU CONFIRM THAT YOU RECEIVED A™ . ¢ . + i 7 r i : | orancfhighwaymotorvehicl, pyle fication uncer Caiforialav. See tne vehicle contactcancelation option agreement fo dela. | pppETE,¥ FILLEC.IN COPY WHEN YOU SIGNED. / [ 2 : y Buyer Signature X _fC=LVSs’. Date. 0912772015 Co-Buyer Signature X ..o.oo... Dale. Cao-Buyers and Other Owners — A co-buyer is aperson who is responsible for paying the enlire debt. An olher owner 1s 8 person whose name is on Lhe title to the vehicle but does not have lo pay the debt. The other owner agrees (0 the security interest in the vihicle given to us in this contract, Angress ., .. - ood hh Sa4 hiienOther Owner Signature X re : |I "GUARANTY: W induce us 10 sel ins vehicle 1o Buyer, each person who sighs as 2 Guarantor individually guarantees Hie payment of this contract. If Buyer fails to pay any money owing , 00 ws cuntract, each Sueramcr musi pay i when asked Each Guitanior will bi iabte lor he lofa! amount Gwing even il other persons also sign as Guarantor, and even if Buyer has @ nomplete defense © Guarantor 2 ggmand lor rambursement Each Guaranior agrees to Ye lable eves d we do ure or mars of the lollawing, (1) ge Ihe Buyer mere lime 10 pay ng of mote payments; 12) cive a lll or partiai relgase lu any olher Guarantor (30 release any secunty. (4) accept loss from (he Buyer than he fetal ainoun! owing;or (5) otheowise r a ssttement {relating 'o this curitact or exiend the contrac) Each Guarantor acknewladges recent ul 3 completed copy of this contrac! and guaranty al the fine of sigring. Guavanier wivris neice 6 @ 2opiance of sas Guaranty, note of the, Buyer's non-payment, noe pér'drmgnze 3nd tafaulana eolices of the amcurt owing of any time and of any demands upon the Buyer Gueraniot ale gop7Enes GualEslor X 0 ccna e-em eo D310 OSRZ204S Adihiss Address N ot 2¥ 5 Up le sid EAelSERAu Sell: Sins Gate: QOE7/R81S Bx (Bonar Frag avs Systeme; THD EX(ve a : nr Bes greed Flag ny ESAT eR eT THLE SRITIT OBE EY G0 WAR LPR ANTONIN Toetie® SnERECT Od VA EET ONT rRee LaAL LEWIN ORIGHAL, LIENHOLDER riat#3edltrg4 y Flip ANCE CHAGE Ato PAYMENTS = He2 we ait} fitto©nee Cink. Ws Fmt rene un 0 glaaly Dnsa) In Arent © r fone Ba raed en rd te PangeaFReareeng, Sa des "a "+ Woe PMLey peeonCen 2h hg el) fir fe, ie ‘ nd ass Ret Tenet Se eit bE SA i Fd ys 3es tegen, WW VINEE Ny Rn Ya NWT 20 soe _gd te fen © os 72 "Hse Wei MTL] is OER Nn0 PEA gle Dt, fe Any on PATRON me (Eun ws ret, od STLi, 0 av STO Acard =i. vrs. agne iE mar: GAP LIABILITY LIOTICE ne wees! of ME or damage 0 your vehicle ress an 2 tH! 03S hare may ho 3 wed bat any you vz uals his ocen and ie piosseds Wo EGUL NReLIRNGS somtimes ngbodsA, THIS LOY BAL Pla) i; ABLE FO ink LAP ArdAn ties an) Tweet (at Cunceiteiun Contd 1G CO Engle Of WEE dag Eilean fly Le sflers far an Addilione chirye. aad the vgNEA p r si nd ] w s by S e t t e Lising, the chick Lager| bmn the UC Gq Grondh. ov do salle ar WALT Fayarntthunde of is Lente4 Vothou Ween POOTESEINN VOU ages ot Ie expan tha Eich tt mi use £UTe, Sunes frets trannieswn Livy fv a Bult, Cinieas (0S, wygel Le BiG ve Baie. Js tigi : e. Sh ri interest, Vos (HVE usd sacinily ines! 1a 10 OOCAS inSain find ed (prasad) a rs vives. CIICR, Sviaelhe aonGels EUTHAEPCIEARLE Al ineeseios, saaintng we finances for youang All procesae Irom ALFanes. thai contracts we finance {oe you Thie mals refines Af riers Lr SirGes from the nade Ths socures payment of ali you mw: on this contact, les wr other agreedZin its conieaat as the tgs alles Von wall maka meee he title shies our senurity iniezmst (lien 0 the vehicle, You ill nat alles any ches Servi woe raul Bo DE paced on tho te itheAue writen RIBTTNSSION 2 lrsuranes Ernestine € rhysined VamEgE insu oi ur damzge 1c the wehicis or the aren of this contre! The irEard frTo must SOWEe our inset in tee ole Sue J q AE Clg Tne ata you mae? hve ol the vehicle. Ve TOVRng OSS 1cmonmn1wnapg8gaan Lo Weil ach thie vehicle if you Co not gai i back. IF une to rol reve! arSse El veld iz valde Vl vil sane gr 1 wren notice af soln tela solling the vehicte Vtgalt ppaty the morsy fiom the gale, lets allowsd mpenses, 10 Pa este! 00 owe, ANGWId EER TIE0S are Prensa We pity 23 t cg oF rnsalt of taking the venigle, heldingit, ropsing it for aie, ard astta md Abcraey [non sor ooi cost ire nw pormils ard BREED OW pay mannein inf faving La eid PRY A EN = Te dg thee Ime 16.4,res WH Day Tas anne oti RGEC Are TE malaR eee "PoTAN Ay es Tomy CIIPRAR ELH ¢ pity Pre THAN BY 4, Co Hr In Loy thr ih sts 48 rear of the A SH WEEN IT ee Td rauSanne retA: pti! By lad te li got i to Wht uw men do shert odenfir surenes, melatenance, scrvGlyw Par aunt ew. Thin coniract may contin chargzx Disumires, mei 1 oservieg or gine wantUs Ce AGE yee ety 21 nu Gv B81 OND 00 wat POSE3ES VRE slSensi anor hase nontredig and adres. ana Wo outta cde cn of unsarmeg chores to reduc: SRCTaE GN Y SO anal nn wr hicethe valdon f2 a tail Ios Deane © n conhaant td. demezi, or slowe ney claim ane wigs thea 2 conind Ns ang Lane:sharon cleans roflacas oY RRSnt EQuaLs.eid FOND. WARBARTIES SGLETBSCLAINS tf yast (9 fou gat a eritien wanan'y, and Be Selly does Jot Bi6G Peis contract ith20 Jay: from the dats of tris contract, the E2flir masles no wiventins, exarose ar implied, on ihe vehivle, znd fiers will be nc implied ve rranlizg of perch-takilitey oi Of fines fr 2 particular pu, aoe Tia pinvision (oes nol alice sean altos cavaring the vehicle hn the unt! minalelven ing prove. If thay Seller has sald Yio. rhenhisli, reo ae asol pessidoaniiiy 6 eo "NC User Ca. Suyers Guide The inferiastion you sae on the vindew form for this vehicle is part of this contract. Information on the window form overddes ony contrary provisions ni the contract of seie. Az nish Transtation Gui pata compradores de vehiculas geados. La informocidn gue ve en ef formuicrio de ‘2 vintanila pars este vehicule form- parte del presente eonisnie, La infornacion del forrrulario de it ventanilla deja sin cfecia toda disposicidn on contraria contznida en of contraia de venir, 4 Servicing and Calizction Contacts, Vou Byres hal ve moy (ry 1o contact youin wilting. by e-mail, of Hay pieranacdedfartlical veise niessages. nat messees, and nites fe lemmas diseing system, ae tho "ser allows, You also dE EE my fry de Sneath yous in these gd other ways al ay TLLon ieiaphion aumber you provide us. even if Is felregsinee = nomeis anel phen AURor thi: sontoa! results in al nsnN you te Applicsie Lan Fadara! ivy nd Cuiforma Inv spply to this sentra, i any pari of this contract is not valid, @lf thar parts slay valid. ‘We may delay er refrain {iam enfarcing any of air rights andor this contract withow lesing them. For exaimoin. we may extend Ina ima or mari, g come payments shthost cAending the time tar making others A. Waoyrentios of Buyer. You promise you have geass rug and Lorre igrein your aplication fe credit, and goa have an kneweds nat sil make thal pformationuatree in he future, Ws nav: reliad on the truth and aceuracy of that intormation nha fis sontrsch Upen ragquose you wll pray'de us vii 0s foment morieede=dy fh alar rt ry27me I— Te curwnis and other wimmation necussary lo verlty any tom cantmadyou” cre Acietion, : Bh nel foanes TTYGRNE ST oonea grin sg fughest aad Sven wend Liaw emirct GL Fit 2sau! Pr | Lis Ay | wn fsol;ut fr WERT BtBuns i ak! SECT BONERTAN fd refig oA od hes fh GRE Lh tabYes ' ? oid Elaevoterdee We L § RE Ww jg vie LAthi NT LIE URBAL, (IOUT vege |b new . CARE Jess ie Meany oo C00 Thats nsBhTa FE, Py Sea his »rsiSep ot Halli #5 1nd 413 Flot dn fog ee Nie ovdiant sietewilt: “Hye 7 NOE Day Any pavement On rng, £0, IneoSeve ar neslending indanation oo - You prs Hd poneeeding ibairopuws nt Loe is gi! acEisat vou Or your pinperty, a The aghiels in losi, Cmte OF dasa. or = Me, LRSOR BeLeOres ot hn conten: The saneuat vo wn! ovee voll Lo Hae used poet of 1s Fp vs Topaeitae add 4pamor! nag afte art of (he Fees: 840 ‘ery Lp mien, and nay romaine shad apes anda Yeu may have 16 sav collection crsis, Viv will cay our FOESINE C1FS3ies wat yoy GE, and ning ahiorney fea, : woes pal ne Y fHRAEDTey not EnNRG) aml, on Lok: 5 ) fui 21 HumohLp 4H id, We aefalete velricie ror tou. if AGATE rials a nu Teg edany, Sa Peo LRH sor goinhs any deeds settgod aging [hal ~20 may wae Hs yestricly Fwd the valle sy & tered ned pralenring|pacts wil stay wath fi Ho ant iE mg Are in TL MME “205 2 thar fs TA x Crea” Y web ow ESE dard Siswn ape REPS 7 thoas tn Be Fan arh How ys oa : act ti vehicle Lack i ve tube iL. 14 wen 1tA ie i gag Ann try lig a1, TOTTYUR go SE ba He: 0 IF. peat oA) SekoortberrHMd pend ue ANY EY ISG Wheat ING ON yee GF Asin : whut pon ty pat mst (ase 10FEEen Bis vohiei:, DARCKAL Sag afin, MO nT feta ant hyve ot pee ne Waleed PLELSE REVIIV- TALE YQLURE BF LRZULSE TL WE ail iT A DISPUTE 15 ARSRATED, YOU WILL GIVE UF YOUR RIG SUNY CLABES LLALTYOU BF HAVE £GAINST UR SNCLUDINGANY SET TO CLARE AREHATIONS, fnE0CVERY SMD RIGHTS 770 JPFEAL IN ARBITH HOENCE ROE TT MAVE C TE nN 15! mi fag Ebr PietNYBOA 4 monte ype “ar 3 Ted~ ATE GENERALLY MORE RewilWAY ROT!oF AVEHHTHEi ARBATRATIGH —fe—————— CEENT DISABILITY INSURANCE NOTICE CLARE PROCEDURE I ymboone dl abled, you must tel us ght aay, (Yeu are #0vited ri gun thes ivieeain te ihsang eddrecs Lo which you are nomicily coadired to gone wnur pevintats enless a different addeoss or mle. SCTE in Si ogived Tuyain weties by an 25 Pe oabien wave ¢ ik wins Me will te we Wat sian feng You Wits fi IG coredd form ig BD AmERS LD non any 08 7006 ) “ius ERATEi ly FLTANGE covers Sl” yeumiss on pyrene), VE DANMMGT EY TO COLLECT WHAT YOU OWE 2] FORECLOGE UROy OF REMOSCESS ANY NO{ LATERAL UNTIL THRE: CALENDAR MOMTHE AFTTR your first elseed poymant is due or Ladin fae ihSESE CCIRSANY pays of sects sear clam, whichty rare Et A ma Lie Dee Bry To andi], err alone, of (ono,oc, § JAE paiHE eae Ts COW ete 1d Pre bilve By det whan goo dissdity oem oO rarss ot 3g MSGROF haDONET tw araclozing oh pe EGE 8 yoin SE aangsiya hE olCiny withis the Leto natant teats com must aCeont iBmandy Ssough your paid on lms Hf ths Rel epi: FESPA VIGIRCHS the clsiet viththa this colendst maris an- “inn AE Whe three calendar months on § paral ays Rss tha: ur 4 otis] oisabiity, you vill Have 38 crye a thie sd wnt thy rejostion of the deceptuncs of the paral Loar disatiility clair 5 sent to pay fast dug payments. or the difference betraes the pas: dus payments and what he msurencs sempeny eye fs ho partwal dicability, pluslate charges, You ci it contact us, and we fil pont hows much you oye After inal lime, #2 can take action fe coltset oe farnziove or logossess aay enlateral you may have given, H the ssurance somoany Recaps yar Slam but raquires thal vou send vl additional forms to remo eligible for continued paymants you shold cond iv hese complelsd additional forms nd later than regutian owas anet saed in PEEfarms on Sime, he insuoanee Set ) DAYIG. and we ul thebe alls (6 eke action tutes 90 foro rine or 120078136Aaodatsral you may hove given. Seller's Aight to Cantal Slr agree in de unt the vei1 you un tha date this conkatt 4 faslin Geliar pnd you Your uniexodd thatvy faba a fly ders fear fuss:Sesrdty youl credit and asTi0R Wicond fat, Yeu gkgren thet | £13bap = vena smain the uentact 10 any sre of ihGrenol ! Aen with whore Soll teary does butinens under an | FREEbESais wr Sal's, Soller may cance! tis contact, 12 Jub stall give you welten notice: (vr irs another manner in which actual netee igiven to yey within 10 days“of the: diate fhis seria! : signed If Esliar elects i canes]. Upon rent of sush nulian, you een iene cially retuen the sohic!s io S706 0 tho sams sondiian PRT Acharsold (enst Rnbrane anymidis exceed Se'or mist rhe wn te go gif conics tieuse us ber Sever, cctucieg shy Wade - 5 Jebnse 1 oor cbraelherete Cece ods, gang 34 RelA iy Solas wr Raving tha voiviie Le titania" fess As in in your po.5sry ab etme of Ye oerAFC, fainglo ur + {ha els tee LiiitcnaRETR drag” Ly 4amoni Nay ret ray all 7% oe ana bo thn wen Ate te i Sor ed — — — — — ¢ 0a et whe nF pr pngE EY SOY HaiGefy ge — ay at) fe, Se es Bo4 © BE AVEPs es Ber aeaprie FCaGas perl Senay fe Gey PR0 IgoSa haa “ARBITRATION EOVISON EAPOFETA IT - PEM TE BETVICEN GS RNECIDER LY 1ABITRATION AI NOTIN COURT OF: BY JURYTTUAL. HTTO PARTICIPATE AS 4 CLASS REPRESENTATIVE OR CLASS EMBER Off AFFECTS YOUR LEGAL RIGHTS ARCITRATION OR ANY CONSOLIDATION OFNLL AAYTED THAR IN A LAWSUIT, ANC OTHER RIGHTS THAT Cire“4 cai 4a wT nfSr,reset SIAL 0 aL £3VE,eh & mek ; ry 0BSreed 13 aban a BL Lig ATS i 2 0 9 7 CITHEETOO LEERY AN TT ¥ GVThAgEuRelyrally = Sof Sraogitn is giiy your fing, bikde oo SAL mig on fa Apion af ive© Biilor if the abitor SLAOUSToid uniesa avordey 1500,Shen irs sons of his vPEAT § iat zon, ill nares pe Nena rey : » sy £51 nlEAvi dsCrEYR ery nT TLrea atCWE IY BHT, DnB; ALY ali Ar bc Ri rug: tor firnpon Fr “ ome fee hE rh of G aintchEn mo wyaf$ Hate ae 7 Sophia ol Bates in snree sgn, or hy files CPtLE JGOTR.LONCs asp part af His Friesen Piss, aon othor hits ferent Ua waive of olan 4“Am uae ¢nade yam zon are, ol lis 8.840 ; +ab ae Wee mem smamas (0m er Wal ee | Se mas ame eq (fas tooARS SF OEENREVILE an MT BERT=? oJ a EXCL0 ADOBD 8 THE FalLed : wo PSR RENEDES, LE Weary nd haovicaanly fer goreI termite or Donsehold wee In all oar cases. eer Hs Buyer Debio) may teva wf. : oat wo OTHfe dine on da? CEaaeiiatnd ON aiuiie Of a oti pots rgd:efor SAE Genie “di - (Asgroe) of fpddre,y und othe terres of Seller's agriamantle) wath Acsignes. Ageegned webs fmdsd wre mmmwbabi we mp 4 iw uf ee ase a Wm abetal w— bYi Setaia |}S——1p——— ——— ——— Beil iast ores TsBE nt 2 i a —v m SOIREE Selig g/ah fb by0Bn Firm No, 553-CA-ARB 7:43 Taz RETAIL INSTALLMENT SALE CONTRACT ~ SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) uy tas 43434 Contract Number ceiim ee. R.O.8 Number 60638032 Stock Number 037248 Buyer Name and Address Co-Buyer Name ant Address -__ | Seller-Creditor (Name and Address) Inciuding County and Zip Code (Including County and Zip Code) DTA hERMS-VERDETA | sC MoTORS ! 21 RIDGECREST 609 W ORANGETHORPE AVE ALISO VIEJO CA 92656 PLACENTIA CA. 92870 OREANGY (949) 874-2910 (714) 524-8400 Yeu, Ihe Buyer (and Co-Buyer, if any), may buy the vehicle nclaw tor cash or on credit, By signing this contract, you choose to buy the vehicle on credit under the agreements on the lon and back of this contract. You agree 16 pay the Seller - Creditor (sometimes “we” or us” in this contract) Ihe Amount Financed and Finance Charge in U S. funds according 1 the payment scheduic below. We will figure your finance charge an a daily basis.The Truth-In-Lending Disclosures balow are part of this conlract New Make | Usad Yager and Made) Odomeler Vehicle Identification Number Primary Use for Which Purchased | Personal, family of household unlessHYUNDAI | we. Otherwise indicator below, USED! 2012 VELOSTER 29285 KMHTC6ADBCUD37248 | °-" business or commercialBGs | FEDERALTRUTH-IN-LENDING DISCLOSURES STATEMENT OF INSURANCE | ANNUAL, FINANCE Amount | _Totalof | Total Sale ranoppcydodorpabdin. PERCENTAGE CHARGE Financed { = Payments Price insurance through a particular insurance company, agent ofRATE The dollar The amountol | The amount you The tolal cost ol broker. You are not foquired to buy any other ARotnes Io The gost of amount the credit provided will have paid after your purchase on obtain credit. Your decision 10 buy or dot buy othel insurance your credit as credit will to you or | you have made all credit, including will not be a fector in the credit approval process. a yearly rate cost you on youl behalf payments as | your down scheduled payment ol Vehicle Insurance 1000.00 , Term Premium 0.000 fg 0.00c) |g 13600.00 | 5 13800.00()|5 14800.00()| 5 H/Bgeq Comp Fie 8 Tre vs § M/A (6) means an estimate 5.W/Apey Coision Ws 5 N/A YOUR PAYMENT SCHEOULEWILLBE: a | Bodily injury LLM/A wes § N/A Number of Payments Amount of Payments. i. When Payments Are Due: Property Damage $ .... M/Kmils vos §BZA Ore Paymenof | H/A Medical.B/AwesM/A - | a enreriyxIBoidihe Mes 5_N/A One Paymentaf H/A | Total Vshicle Inswance Premiums sN/&y) - E UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR One Payment of PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, PAYMENT ii 0.00 FOR SUCH COVERAGE IS NOT PROVIDED BY THES AGREEMENT. = ed | You may Ihe physicaldainage insurance this Gantrac! requires | Monihly beginning lsea beck) from choose whe is acceptable 10 us. You 1 13800 .00 10/27/15 are nof required ay othgr jasurance 10 oblain ¢redil 1 rm - | Buyer X__ . CMASHoncho I ed _ | Ce-Buyer X__ may GATS EeeA One tinat pyro Seller X_..._ _ Arelwrtsey 0.00 | ZoHY - - - - , if any insuiance § chocked below: policies of corliceles fom the Late Charge. fi gay ment is mut rename 1lb ple 1G 23 ofr ifs gue 7a oN py @ he cnge AF Sic olan of me peymien) 12) Is fake. named insu:ance C:irpanieswit dstie ihe ferms and condiions. Prepayment. ' po. pzy off 2) uz eet £4) ou mhy 08 Chaegee & mmr inzags orgs = ) Securlly Inferest Yor see F.rnE Sy avetoe a beng =rerased Application far Optional Credit Insurance Additional Information: Soe tis wwriiact fo racy ERIM ice Arg IRCA ABCSpEgmENL dat dy gQuired "Credit Liter + # Buyer 1. Co-Buyer LJ Bom 2 + ot net HG BOTT Nn Lear og Shores an Seounly wees! TF Peni TYrepayment el pete Ie SEERA DC. RiNmam rar tg crores no S v a © Credit Disabikty (Buyer Only) JTEMIZATION OF THE AMOUNT FINANCED (Seller may keep part of the amounts paid 10 others.) Term Exp. Premium 1. Total Cash Price Credit Life fos___s.__BJA A. Cush Price of Moor Vehicia and AGcessoncs 5.13279. 40» | Credil Disability Bos. 5...WA + Cash Pree Venice $13279.40 Total Credit insurance Premiums §ZAR) 2 Cash Price Acsessories 5s .. .B/A insurence Company Name ...... o.oo 3. One iNonfazatie] Cs cEEERay Daszribe Ss BIA Home Ofiice Acgdress ......M/A Giaseres gs ___H/A aiaSEAN 2 : \ T5.00m®) Credit fife insurance and credit disability insurance are not B Onesie Processing Charge (nol a governmental fee) s. 15 San reduced \c obiain cred, Your decision 10 buyof nol buycred C. Emissicns Testing Charge (hol a governmental lee) §__...50.00 ay DOCHSERAde will nol 2 factor in the y SAFE GUARD 0 cred approval pracess. They will not bi provided uniess you0. (Optional That Delensnt Device (fo whom aid). . - 1c =oJER ) LtCoSswv E. Optional) Theft Datenert Device (10 whom paid). _M/A RP . NLAE) based onyour origi payment schudde This insurance may . y A pis) 3 y tract ;FF Opaarzi Tre Deterrent Device (6 whom paid; $eJIE3% Creditdisabityinsurence dost pcprartendonE your (3. [Cyptionan Suriace Praee] on Proguct (to 500m paint S$ _. B/AG) oayment of in thepwopayments. Coverage for pale £1 onan SenSof FUELEROS10 asm Deis fH; insuearge and Credit disabity msurance ends ¢o ihe origngHausa Surigee Pesos Prosus ao yom paid S.. .H/A eo ost roe YBce: gad8c m FY Oraiges Sak T 10 wig39k 5 E/AU "BURN'S Shown BDU J Sas Tax ior malt 18m A tough bi s 1072.35 You are applying for the credit insurance marked above. Your signaturebelow means thal you agreeEK. Eleerror’s Venue Regolealion oi Transl Charge Fo EICCIOME JEICI8 HEQIAL0N Cr [@nsind hare -a= ~ ___B/AK [ |tat1)You arg noteligible forinsuranceif you | (06; A Ggovamnmenl 103) 10 whom paid) 5 | reached your 65th birthday. (2) You are fefox | M (Optional) Sesvice Conia {2 whom paid) § _H/AM orte(3)ony}L endedOf more on heFl J = (Optical) Service Conia ic 8 AN) Date rimary ris eligible forFEPARSSOWING)Wpi) Sear dati nsutonce, DISABILITY INSURANCE AY 0 [Oplional) Entice Contract to whom paid) : $s _. . _ .H/AO NOT ER CONDITIONS FOR WHICHYOU HAVE P (Optional) Service Contrsict (10 viopaid) $ .. H/AIP) SEEN A DOCTOR OR CHIROPRACTOR IN THE Q Pros Credit of Lease Brisnce pais by Seller 1; | LAST & MONTHS (Refer to “Total Disabilities Noi H/a © g H/AC i Covered" in your policyfor details). wg You want fobuy redi} insurance. eae deanpRynEnt anc Yeon caicutalion] sn 3 BE Ophional) Gap Contract {io whom: pad] S .... HZAR) 2712015(L- acs 5A S (Options! Used Veet Contract Canceliauon Oplion Agrees! £ _ H/A5) Date Bu nalure hge T2015 xTT Omeo (to whom pid) “Date Co Bu SignatwreTT Ae ate oBuyer Signature § §/AM Total Cash Price (A throughTj $ 14476.750| OPTIONAL GAP COMTRACY Agoo fro {on cancete: il n I 2. Amounts Paid to Public Officials hortog fosgnbk Sitontgale {A Vohitde Lense Fees Estimete $5 300.001 chaige Ifyou choose 10 buy a gap contract, Ihe charge & shovn = Lv < 15._00® intem TR of the Hemization of Amount Financed. See your B Regstralonansten Tang Fars Sw - coniract for dees un the terms and condifions it provides. is C Calilorma Tire Foes $ B/AG | @partof this coniact, | 0 Oher Smog Abstement/Transfer Fee § BZA) Term ... BIA pos,WIR Total Official Fees {A thraugh D1 $s 315.002 , Namenol Gap Contract 3. Amount Paid lo Insurance Companies I'want to buy a gap of iA ) (Total prenwums liom Statement of Insurance column @ « b) $ B/A0) | Buyer Signs X [A <t CS 1 i i Fee I. issi j ; W|4. fg State Eiri Certification Fee or [] State Emis ons Exemption Fee S$ egress [OPTIONAL SERVICE GONTRACT(S] You wan fo 5. Subtotal (1 Ihrough 4) § 14800. ) purchase the service contract(s) wien with the folloving | 6. Toul Downpayment Sponges) tor iyengae velo lof the charges) al A. Ayres Trade-In Value (1 Make $.. H/AA | Ten poe IF; Modal Odom ._.. . iL Company VIN — | Tem —.BERMos: or JAMies E iss Prion Credit or Lerse Balance fe; §. .._N/A®) b SIN COOMA compppmnaroe pps |G Net Trade-In (A loss B) tindicate if a negative number) $..... _B/ZAC Term —.....MAA. Mos. or...BJA.Mies D Deferred Downpayment S$. .....RZAD || INCompANY -- oo E Manutaclurers Rebale s. .. H/A® | orm wee JHA Mos. or HSA Miles F Other 8 ova H/AF | 10 Company G Cen $ .1000.D0G || TermBJANoe. EAMiss Total Downpayment (C ‘hicagh G) S ecu 1P Company _...... Ess HPRGVG ORE Z64G 0 FRE € Lr) NIT Ve ARUN: Tg5S IAN 7615 35 8 AHE Cuba one 10 akave; | Tenn _ / IA/ Mos on _.BAAWites 7. Amount Financed (5 less 6) § 13B00_000) | Buyer X fom &aSach Po SELLER ASSISTED LOAN ROKERFEEDIS ~~ |HOW THIS CONTRACT CAN BE CHANGED. This ERBE SEOURD To EOEGeyon og oan | AUTOBROKER FEE DISCLOSURE QoContain He envio agascaent assets youWILL BE OBLIGATED FOR THE INSTALLMENT PAYMENTS OW BOTHTHIS If this contract reflects the retail sale of a | 0d us, relating Jo This ont, Any chante. fo +a SHEIRGHINEATTIRE | new motor vehicle, the sale is not subject| contract must Be in writing and boil you and we ) to a fee received by an autobroker from us musssign it. No gin ch poareHo Proceeds of Loan From B/A unless the following box is checked: Amatiot § B/AFnaner Charme § H/A ~ : Buyer Signs X Total § BAA Payabie in B/ 3 Name of autobroker receiving fee, if | (o.Buyer Sgr XPI oya . mswhmentz ols LL. BSA § EBSA i applicable: {rom this Loan 1§ shown in eis 60 J oon aiiM tans Sighs hpi Sehr ar | CANCEL |i Buyer and Co-Buyer sign here. he provisions of the Soller’s Right lo Gance! nineontheback giving Ihe Sefler Lhe: tight fo cancel if Seller 15 unable 10 “SELLER'S RIGHT, J assign his contr tog finirca fogltcition will spl X © MAS wl . be sacl: oh SE obec os Buyer Cao-Buyer Agreement 10 rah Br By 2160 7G 00'0w. 00 aes NET puisuanl 1, the Arion Provision cr Ihe 1aueise S:0€ OF [is CORUEG, you or ws Mity Giect [5 resolve any dispuie Dy neutrs:, nding artalraton aid noi Py a cau ron. Sei tha Aprration Prevenlor addtional atarmation oncarnmg tha agreement to arbitrate. Buyer Signs X | AWS Yi coed Co-Buysr Signs X ab din iN Nak soe. Patio aii deta Ae din algts | opmion: |, You pay ne linance charge if ihe Amount Financed, item7. isSpad i n full on or DIONE votive ac meresa YORF oe - SELLERS INITIALSco [THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAWMUST BE MET BYEVERYPERSONWHO PURCHASES A VEHICLE. IF YCU ARE UNSURE WHETHER QR NOTps CURRENT INSURANCE POLICY WiLL COVERYOUR NEWLY ACQUIRED VERICLE IN THE EVENT OF AN ACCIDENT,YOU SHOULD CONTACTYCUR INSURANCE AGENT. WARH:HG: YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOY PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED, iF YOU DO HOT HAVE FULL COVERAGE. SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING DEALER. HOWEVER, UNLESS OYHERV/ISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUCH THE DEALER PROTECTS ONLY THE DEALER. USUALLY UP TO THE AMOUNT OF THE UNPAID BA E REMAINIHG AFTER THE VEHICLE 4AS SEE! REPOSSESSED AND SOLD. FOR AQVICE ON FULL COVERAGE THAT WILL PROTECTYOU IN TUE EVENT OF LOSS OR DAMAGETQ YOUR YEiIiCLE, YOU SHOULD CONTACT YOUR |HSURANCE AGENT, THE BUYERSHPoeApap>esoy HEfSAE UNCERSTANOS THESE PLBLIC LIABILITY TERNS AND CONDITIONS. SIS X ¥unes i emt aime : THE MINIMUM PUBLIC LABILITY INSURAHCE LIMITS PROVICED LAGUST BE MET 3Y EVERY PERSONWHO PURCHASES A VEHICLE.IF YOU ARE UNSURE WHETHER OR HOT YOUR CURRENT INSURANCE POLICY WiLi. COVER YOUR NEWLY ACOHRED VEHICLE INTHE EVENT CF AN ACCIDENT. YOU SHOUD CONTACT YOUR INSURANCE AGENT. WARNING: | YOUR PRESENT POLICY AAY NOT COVER COLLISION GAMASGE OR WAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED, IF YOU DO POT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FCP COLLISION UAMASE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING DEALER, HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALEF PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF THE UNPAID BALXICE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD, FOR ADVICE IN FULL. COVE THAT WILL PROTECT YOU 14 THE EVENT OF LOSS OR DARAGE TO YOUR VEHICLE, YUU SHOULD CONTAZY YOUR INSURANCE AGENT. THE BUYERASBALY SIGN TD HOWLEDGETHAT HE/SPE UNDERSTANDSTHESE PLUBLIC LIABILITY TERMS ANG CTOMNMTIONS, , S— LAA= 2 x i Den tit Sean png rani 1 Sats Feat voy immer pga«Heston ofl amount show in dam 68 cl the emization of Amount Finances | s&x Trade-In Payot! Agreement: Selizr relied oni'ormetion From you arc or the lienholder of lessor of you trade-in vehi: 10 ane al fie pay ssa ‘Prine Credi o Lease Balznre.” Youunderstand Ina the amzurt quoted is an estimate Seker agrees to pay the payoff amount shown in 68 tn the lienhorler or lessor of ihe trade-in vehide, or its designee. I he acti! payoff amcunt is more than Ihe amount shown in 6B. you mst pay the Seller ihe excess on demand Ihe ofHiethar the amount shown in 68, Beller will refiand 10 you any overage Seller receives Irom you priot llenholder or lessor, Exceplas stated inthe NOTICE” | gn the sack ol this conract. any/assifiiee of ig eqftract will not be obligated Io pay the Prior Credit or Lease Balanceshown in 68 ir any refurd. Buyet Signature X __[ WAS _.... Co-BuyerSignatureX . ... . Pry 2 Notice to buyer: (1Do not sian this agreement before you read it or if icontains any blank spaceslo be filled in. (2) You are entitled to a completely filled {In copy of this agreement. @ ‘ou can prepay the fuli amount due under this agreement at any lime.(4) If you default in the performance of your obligations | under this agreement, the vehicle may repossessed and you may be subject to suit and liability forthe unpaid indebledness evidenced bythis agreament, [1 you have a complaint concerning this sale, you should try lo resolve it with the seller. Complaints concerning unfair or deceptive peactins or mefhods by the seller may be referred to the cify atiorney, the district attorney, or an investigator for the Department of Molor Vehicles, or yiA combinalion thereo After Ihis contract is sig seller may nol change Ihe financing or paymen! terms unless you agree in writing to the change. You do not have to agree lo eny change, and its anmefor seller lo make a unilateral changs. | Buyer SignatureX dow > 7 AvS ob ee... CoBuyerSignatureX . _..... . ems te 'The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. | YOU AGREE TO THE TERMS OF THIS CONTRACT, YOUTHERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION CONFIRM CONTR California law does nol provide for 2 “coolingoff” or other cancellation pariod for vehicle sales, Therefore, you cannotlater cancel this contrac! GAVEaAOEopts | simply because you change your mind, decide (ne vehicle costs too much, or Wish you had acquired a different vehicle, After you sign below, REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ | you mey only cancel this contract wilh the agreement of the seller or for legal cause, such as fraud, However, Cafifornia law does require a | BOTH SIDES OF THIS CONTRACT. INCLUDING THE | seller lo otfer a wa-day contract cancellation option on used vehicles with purchase price of less than forty thousand dollars ($40,000), subject ARBITRATION PROVISION ON THE REVERSE SIDE BEFORE | | to certain stalulory conditions. This contrac! cancelfafion option requirement does notappy fo the sale of a recreational vehicle, a motorcycle, SIGNING BELOW, YOU CONFIRM THAT YOU RECEIVED A or an off-highway mator vehiclpsubject to denfification under California law.Seethe vehicla contract cancellation option agreement for delals. | ow)eveye |EDNCOPY WHEN YOU SIGNED IT. Tap Ad Buyer Signature X0 '%Hews * Date. Co-Buyer Signature X ....Dategop7omMs Co-Buyers and Other Cwiers — A Cix-buyet 1S 3 person who megIenlire debt. An ofher owner 1s a person whose name is on the litle to the vahicle but does nol ive (0 pay the oebt. Tne other owner agrees 16 the secunly milerest in the vehicle given 16 us in this comract. Orier Ownay SignawreX : g i eves nw DOREY al ce odAFLs AREet GUARANTY: To induce us 10 elt Ine vehicle lo Buyer, each person wha signs as a Guaramon individually guarantess the payment of his convact. i Buyer fails fo pay any money owing on ug contac, each Gueranior must pay if when asked. Each Guarantor will be liable for the total amount owing even il other persons alse sign as Guarantor, and éven il Buyer has a cumplele defense to Guarantor 's demand cesmbursentent. Each Cuararior agrees 1G be liable even if we do one ur mors of the following, [1) give Ihe Buyer mare lime 10 pay one or more 21 give a lull oy partial release |o any olher Guarantor(3) rolease any security. (4) accept less from the Buyer than the total amount owirg; or (5) otherwise reach a satliementpayments; : ! relating In hit compact ov extend the contract. Each Guarantor acknowledges receipt of a completed copy of this contract and guaranty al the time of signing. Guzmntor wate wie of renting of shis Guaranty. note of the Buyer ¢ nun-uaymienl, non oedormznce and dofacl: ane nakes of bw craeunt avang ai any time, and of any demands upon: the Buyer (Guarana Ute 09272015 Guzanior X . ... Dac 08272015 | Addres Andress Self = Sens Dit 0972015 fy x Baur”. Forza tice TRIG é&(ee, LAW FOAM NO. 553-CA-ARB ~. tvium axon, woo : L at ehReote and Way Vas Canvas or Yaa Keb em lve re vt Si 1 ORIRn MARESWOWARTIAIA £ KEADENS HNWerk) ASTDeA 10) TeFOR PURELE 00 Yk FTIR SOMEN | ES OWN LRGAL OO ORIGHYAL LIENHOLDER oi sire AAe ft. SSeSde <target$3 | Lb $28 CelARNE T0ANGE AC BYIAENTS Plvie ih Horr Flan Ch.was, Wo cance Ld de ph nC TET Po. est Ben aap“ed a wl the iToa Fi py wl, By Cenarf Ret nlLh Financ Sliprye a J ail dhe «AYtizurs the . on a3 ‘ «<1 oo200 Veber ThTel Manele Tae, wif pn. pre of ae: ff coy weg . oes te"WS Tk <r ‘ hh TRad LG ath epee Bielly ip wh Ee peVfL ap§pa ol Bor th fnaests T a Od Sart dag L sry rune Ens sent primer. An nana ae el pone pe tha aintfinares Gh = gran Hand “nee OFas© SiTy 2c0 GillOF Sra DOEar Ge! ME af 2 eIay Wan nun STHER PRMISESTOus 3 A: te ey nahi Cr nrgEd doghoycd, nt patasing, Vy | 7% ge aE wig WIE poplinTee g Nh 3 gongigsA sinoed Nf Tung GAPLIABTOTISE dn mpael 6 tne be mn Bgl: |axhat ar oo ned Er ny 000Teas end gla 1 ] i BUT RISLEY HAwe is CUNTRALY FLIMOES THAT Yin) Art 1AELE FOB ik QAR ALOQUNT. An uplional gap saabract (del cancsiizhioe aounlact) or coveraga oi the wip mou uty be offered fer an additional’ chiaige. vo em teas ALE (Ap besaeaeT fT p e t n d n m r e Ling tae velgic. ‘oir agree nab jo cn Hop dhe (LS 0 Choad Oo fuosell, Zergins Vit wahOF BS Lt [re airREI Larass No Gord, drool aliNYT rove bhPayee; Mary g tiny of tie Aalii LABS wee Ee YT agit it Sueuriy Interest, Won (QIYG Us 2 Sechnty interest in + ERE nigh dared all parts ar goers msl - A ape?of ears (Cneh2 prea Hic to en Aa eae 0 PANININAR, S00 aie SEPT Th we Baaon far you flown 5 TRAE RILCE, TREITRTTIN OEE Ce se firsinee 00 wou Thi oy he pafung or Sharpes fom the ennai! Thee sncures peymend of ali you O08 on ins nomrash It elsseres your ofhar agreements in is contract as the taallows You will maka sume the title shows Gur security inigast (lier) in fhe vehicio, You will raf aliow aor other it be paca en he Ste witha) Sg ve ton yo ob Terifs of onge Senered NageRYH for the farm ol U 2 “over ovrtarast in the we heh, it yo “42 WL, PE HAY Ee Gln Syyn oa i<8 ber Lng GeesSumy IRO0G, NE NEY Hy NSWC2thSrmnwe waue ile at mpd my (leap adh oy im ambled ie - . - or neyfmfiw ne rp— 7. rasnps +oeWA iy|—r—. ts G, Viz 44iit cell the vehicle if you <0 not get it back. If you do ned pedo, Ln WEL sell tha vahicle, We will send vou a writer notice of £ria baGhs sefiing the vohicle, Wt wal Royily Hie monsy from (ha sale, loss loved cxpensss, to Fn ORR, AGMIRG DYDOASGD AFBNL WE pay OF hatik nf tedin the vaticlo, Baling iL 7snng dor sale, aod Agra: i257 Dred aoLrt costs the | fe FMS Gre SRLEDD Any dntBn RT fants Lith py 7 heard FORGINGWE 0 ay wisonesn makes nem nanan 40 Bay ING Armes ant vou ows, dmoagat beanne de ned pay hs amenint whan HAY Lia hERE Al tha Ancor] Ferceatage nhs oo jain ecvt nn in excand the highs db da1mgol ry ne v3 tes wb whocncunal ieournh ed, maiatenancs, mL ov Foe wed. Tos cabenet pie cools chert es +iE CSA HR es TS arin Aa dy arte fe DAE thd aD Te the ophe d Arent Jnrargon o iates: sand mare Gen 1sn edo ls of unnienoeo GES rues WA ni Lar panne Boy weniichs if he vehizie 2 a total lags pacause Tis confiscatad, damaged, or stolen, we may cain = unser hess contracts and cancel thom © cba refunds ed charges 19 reduce: erat you owe. WAARS NTIES SCLLER DISCLAIMS i yas do 0% IEA adeHACESDEe Settnr dees act ents ing zopvies coalesce! within £8 days few thedzic of Lis aonliact, the Softsr mies no want 8, express of innhied, on he vehicie, and Mere will be ne implied virras diag of mornhe;iatlility or of filhete for 2 particular purpose, This provision does not aflect any werrantics covating tr. vehicle that ds vehi3s manudactuecer nay orovids, i Ge Sailor has sold Packs? ud EE wOrisli, WeRnERY47 meneRamaniniy 46 ant Aisha el Used Ca EuTre¢ Gui= Ths fedannation you s2e on the window form tor this vehicle is part of thiz contract. informaticr on tha Window farm oveerddes any contrary provisions in the contrast of sale. Spanish Translation: Guic pain compradares de vehicufas veades. La informosidn gue ve en el formulavio de ‘eo vemtardlla nara ests vehicules form porte del prasente coniqnta. La informacian do! formu'aria de IF ventsnilla defa sin efeci? toda digposicidn on contrario contenida en ef contraln de vents, i (pttipi - Servicir.g and Celzction Contacts, Vou ayres That vee neayin to contact you irs wailing, by e-mail, of wntiyg pres seacdedlaridicial voice messagas, foot messages, and sutnrnnbe elestions disling systems, 2s tha lave allows. You alsu age thal we nay try {eo osiact You ir hess and oiher ways &f say alusss or leleptons qumbcr you provide 43 cuen if the lelrahar -cnamber is a call phe ps number or tha contact asus in i Charge i von, Appliceisin Lew Fedore! Se pve] Cristom er ppohy ta His contrac. Hany pas of this contrne js not valid, &ll aig parts stey valid We may dolay er refrain am enlcemna any of Sur rhe under thls contrac v.lhiin foging them. For exampin. we may extend the time for SIARcant caymants without waending he time ar making others —Barts waitbetre: Werrentios of Buyer You pranyse you have givan rua and correct infurmntinn in your aoglication {er ered, and you hove ho krupnfeaiae that will make that information untrue in the future. Wa have selcd gn ths truth and accuracy of that miormation @ SY rig ra this SOnRECT. Dan oust, yOu Wit provides ug wan wits and ether inmrmahon necessary io verify any iam in2ch in you Tradit PrpiRticT: pr fat -—dss (Credes Bamoaley, 1295.71 nnd Deparment of Motor Veinuisg 0 farmnsh your wet conn sre Hix SOG Nr CREAMY DICABILITY INSURANCE ROTICE CLARE PROCEDURE iyeeeorn de abled, pet must tell py sight awny (Yew 2g Cdvitug os cots innematon ine san addigse 1 Whigs sol are ETI rarefa anne your asyants, unless a different address ur fofg- Lhons numer 3 to ea im vernng y an 25 ihe fondo: rahewd Laing die wg ome anrod LWul bal yovihers lo got 3 feng You mizzi fetig iheommalel sd fim 16 Tha NSWSRna Comisny © 50h A 0L IR wi Rl US A 000n £8 yeu oD ? tidy! JECBTyRTITs20 0° pour ITsBRE). VV SANMCT TAY TO COL EoT Wi IAT GL OWE OF FORFlos HFROHY raf AEMOSRESS ANY COLLATERAL UNTIL THAEX oho +3he SWE LahEne WETBAobv9 o 85 ol 5 OEY eta i fi tent oF hie oteof ate en Fone oe,FATTERTee REET Ths CALENTS FMOMTHE AFTER your fivgl relgsad noyment is due or llaaEGOINERLY Pays of resels nd cle, wichsar u Goarsird RNS (El Wn ed howai, iy te eollact inrecloss, orepes.e. cif vi, wie Tr FONT GTI0 ae gra nn “ord enna us oor cre Sihaieics ia detach mpptrase 2 WhepadhiltrmTayE rs ardnova mesasort innate NikyeAr Hn i Dracion ing. fo! Ak Aaves on werent PRE pave (bee stein: witfhe thes ealenasr $a i cont Fie mone st SSugh you paicn dine fie (ER ALS mv re ajo Hie clits within tho thi se calendar monies vt Mh or pt ik abr wiihiie the {hide colendar month on a partici erty andl Los Pes ban dor 3 lois)atisabitity, you will have 35 ays Gov the nie that fieactos 3 he deceptance oF the paricd rhsabiiiy cain is sent fo pay nos! due payments. or the diflersnce = hit win 1% N° rifeaR HOS Cs TOETWThey any pave Lo UrCre fate, inositolading inlcymadion oo behvgon ine prec due payments /nd whal the insuranca company 2 adit ag plnbun; pays for tha eadtial disability, plus late charges. You o © cordact us, ond You start & proceeding in baakiuptey or orc (v siprte wie vai CHE ya how much you owe, After that time, we can take action AinslieoNor your mopar: te cullect of farcztose of pptEases ans collzteral vou may have given, The sehr! 31S, dninngen or destroy ok oy If the avsure nfs compemy accepts your cium hut requires tha! vas vo Yeu break ae #45 tT Conant sand i additional forms 10 roe1 affgible for continued payments yey Ties atncunt fewnt swe all 5 the oanaid pars of shou send in these compleitd additivnal forms no later than Neral Prsgnsd 8 pies, 409 Cangel ang anna fag, ef fhe foguitny if vat do not seed ny thens finns on fad, the insure ee Th, SIO ay la©oarrgee, and acy armaole COPY MAY $10BP wd wo will thas be able io take action to Fac os ye oy riers» cullent or loreciang 07 rennteass any sollatenal you may hove given, FoSshavetevayne oralb: er,Sd kay #oe Schlier's Right io Cancel Siteages (0 delves the venin's © you on ihedais iis semract y Car ane yoYou aed)nd atpay 1b 3 fom dius rify you aeecli anel agar he oonfrae), You Align he 3 the emsiact 1g any ona of tha Ting firor with whom Seerulery docs Gusinoes andar an Paha aaeeplable Iz Satta, Se lier may cancel tha contac. k Getler 5val nee you willen aotica (or i any Sihar manner in which atunetionis given 16 vou within 10 dre of the dats iva contend Ir ognna if alter alan{6GcenJ pon fae.nf rd gpoh agin yan mst mately Toten die skis)in S sie to sin gonditan 7HTH jus DESrd Lunssnasl thyEnisSr y Me Lad vith Hil valigin, sR) AF nay Lie tha fi sy toyedpangs ype wt 4 forse Hag ann sud (Eesoan nts wise sintear exceed, Selmys {vt nel WE EYNeof thetfehe 1 Es Ligh te un al oonsidenatian mastod by Sellar incliding soy trade. Tiayan een got the oT dels3 bec|iF we tohs1 ue | Evahwr 7 p F000, yOu Hoh Be habforfenann tee gaysBaad Eransaiatiy rehire fre wu tens | sennaBe Sil eo aking Haee f1o0ving eli w ited ed anes : < Wie RHoTREyT leds, Be SESE Sr pag af genhioGNe pasiy arsay bale 4 Vind gine HARIHL YALE PoteRsin ak ers of the contract, shranen, eenlg peel of Sesemeespin aking ofthis rg lo ure 2the sebiche ard insurances oi the § fren ad pouch sapAlek ob ls BY at0% al paeonshle costs Dir isan Corn Mel BRE TO Enehe uhh i Of ny famInt 10 eo somes ati he weigie is cotmrned © Seller Pe tw a ML.Te 1 EE AR3ITRATION PROVISION TeAGE REVEL, - LAFONTAFFECTSGUD LEGAL RIGHTS LTEREAR MAN CE TOE TG AYDY BI2NL TR TETEEN US QECIDEDRI) LOB TTRATONaMOT IN COURT OR £7 JURY TRIAL, Li om 4 DISPUTE IZ ARSITRATED 0 VILL GIVE UR YOUR RiSHT TO PARTICIFATS AS A CLASS REPRESENTATIVE Oi CLASS mEMBER OW Fy C17 aR 20ARIVOU RAY AVE ASAIMET UR (ROL UTHRS ANY 2IGHTTO CLARE A32ITRATION OF AHY CONGULIDATICH OF INGIVIDUAL ab BETHATIONE ONSETERY AND RIGHTS TI APIEAL IN ARBITRATION ARE GRUERALLY MORE LOWcDTHAN th4 LAWSUIT. AND OTHER RIGHTS TRAY bikin EOME WOEOoeBatE I COURT 2A NOT BE SAL LREE ARZITRATION! V “rita feamat HIN =uera bet SRI ETF LTRTETENGE OF 9jun] 4% TaDhe, the csiaE rn Tad Giliwn fheayWY GOVAN) Steelefy 4ESY He Ea cout Gees in Saller-Craditor is art i Casrahad. Wewil ay yeor fins, i te ill ug mae #3av sLans unies hs Ls or the tos ofth ches Bey Moy LE werilwag wi coin oe By decision of the arbitetor f the ~dwtislcr ROS GTE™ Pa tanasilWs “afr cup. wd other {lesunless cvciosd or woanErtG Ls es enflic with fas ArbirsnaPEI then ilo ovistons of nrete s Pony - redI UEC NY N° dion Le QL R00 § 1 a 2° 5. Forend Tan nro og Toi, ENGE th aoa LTE o- wis wrGIT son ne cad Tas.tn), . 3 shee, ITs id daie bea FETAL 3%. : eerfulid: oy alias ie ov 3 Yh: 3B Wh ah a CF bry al Si A“A(t op Ds : ! Sono pes LTZRTer an BRGaEseis fl val ; 3 g $ TEREow RY PRINSIr on nde oF Coe NT NY nq, TRAN Ya! 3 aoS FER 3 wh Hay OH Cp FRET ) 0 TAED PURSLIZAT HERETO a£50, MET BAGCETSO AMOUMYY PAID FaRUS TH 8 TOISTS ELAR Te uh aOEEHETIEdL arsnosing MOTE? os rely to oon or eomanss Lotnined oioaarly for prec a2), farsiof household use In all aber cases. 3{aut Gt FES UI istics 1! Sulpact ec agsirqes of this eonWIDELYcivof dotragss 1; Buys ldehion) Say hens Sins the Geer oF gaiast a senuiEcisree of thsehivle ar scuipment abtBed ureler Vile nereul 22 —see {Ass gach at fuddrer vg ue Alepeg OF Seirs agenHS! wiAutigren,| Shes C1 AgTionsd o4 imine rotons ——— pap— (by——— CN ere —— fs———— Cn |{o—— at - -d— — nbo— fle: mrp pnas ozs lg 5 tale THseemCh ——a|1mborse FLAS ———— a ew Soh4 5 ameCL Tee Ei ii - Frm No. 583-CA-ARB 7 13 — _ — 83 ° BS a RI NS EA he eh fe l de — 3 W B fe RI C a N A D 08 . i Ov An Oe C8 st a = 26 27 28 S S OV O L e N e w m R B W N | PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA - At the time ofservice [ was over eighteen (18) years of age, employed in Santa Clara County, and | not a party to this action. My business address is 530 Lawrence Expy. #361, Sunnyvale, CA 194085. On July 2, 2018 I served the following document(s) described as Demand for Arbitration | Form on the interested partiesin this action by placing a true copy [] the original addressed as | follows: | | James S. Sifers | Madison Law 17702 Mitchell N | Irvine, CA 92614 | |B —ll '[[] BY FACSIMILE: By transmitting the document(s) via facsimile to the fax number(s) set forth above on this date at from (408) 800-4046, which is located at my business address listed above in San Jose, California, The parties have agreed to service by fax transmission pursuant to California Rules ofCourt Rule | (“Rule”) 2.306(a) and the fax machine complied with Rule 2,301(3). The transmission was reported as complete and without error and a copy ofthe transmission report, which was properly issued by the sending fax machine, is attached to this proof of service. XI BYMAIL: O Pursuant to C.C.P. § 1013(a), | deposited the document(s) above in a facility regularly | maintained by the United States Postal Service in a sealed envelope or package, with postage paid, addressed to the person(s) noted above at San Jose, California. X Pursuant to C.C.P. § 1013a(3), | placed the document(s), enclosed in a sealed envelope or package, with postage paid, addressed to the person(s) noted above,for collection and mailing following our ordinary business practices. 1am readily familiar with Law Offices of Kevin Faulks | practice for collecting and processing correspondence for mailing, Pursuant to that practice, correspondence is deposited with the United States Postal Service in the ordinary course of business on this date, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. | Executed on July 2, 2018, at Killeen, TX. dies Kevin Faulk EXHIBIT “6” MA D I'S O N Telephone: (949) 754-905017702 Mitchell North Facsimile: (949) 756-9060Irvine, California 92614 LAW July 18,2018 Mr. Kevin Faulk, Esq. VIA U.S. MAIL & E-MAIL Law Offices ofKevin Faulk kfaulk@gmail.com 530 Lawrence Expy. #361 Sunnyvale, CA 94085 RE: Claudia Herms-Verdeja v. SCMotors Date ofPurchase: September 27, 2015 Subject Vehicle: Used 2012 Hyundai Veloster VIN No.: KMHTC6AD8CU037248 Dear Mr. Faulk, Weare in receipt of Claimant Clandia Herms-Verdeja’s (“Claimant”) demand for arbitration ofthis matter with JAMS. Please note that Respondent Southern California Auto Sales, Inc. dba SC Motors (“SC Motors”) has not approved JAMS as the arbitration forum as required by the Retail Installment Sales Contract (“RISC”) for Claimant’s purchase of a used 2012 Hyundai Veloster, VIN KMHTC6AD8CU037248 (“Vehicle”) from SC Motors. In fact, in my office's January 3, 2018, letter, we indicated that per the Addendum to the RISC, Claimant and Respondent had previously agreed to arbitrate this dispute with the American Arbitration Association (“AAA”). Enclosed please find a copy ofboth the RISC and the Addendum to the RISC noting that AAA is to be the arbitration venue for any arbitrable disputes between the parties. Setting aside the Addendum to the RISC requiring AAA to administer the arbitration in this case, JAMSis not a suitable forum forthis dispute. Not only does JAMSalter the cost splitting provisions stated in the RISC for these types ofdisputes, but JAMSis cost prohibitive. As noted on the RISC,the Vehicle was purchased for a cash price of$13,279.40. It makes little sense to spend upwards oftwo to three times this amount in arbitrator compensation alone. As I am sure you are aware,it is not uncommon for JAMS to charge $25,000.00-$50,000.00 for these types ofconsumer disputes. That cost makesit impossible for small dealerships like SC Motors to litigate disputes on the merit, particularly cases like these where the documentary evidence contradicts the sparse claims made in Claimant’s Consumers Legal Remedies Act demand letter. Given this knowledge, it is not uncommon for plaintiffs’ attorneys to make the “pay JAMS or pay me demand” knowing full well a dealership like SC Motors will elect to pay an unmeritorious claim simply to avoid paying JAMS an exorbitant fee to have its case heard. Given the cost conundrum with arbitrating disputes over relatively low priced vehicles, SC Motors requires that in connection with all vehicles it sells, its customers agree to resolve their disputes with AAA, and hence the existence ofthe AAA Addendum. At AAA. a consumer arbitration is usually completed for anywhere between $3,700.00-$4,500.00, with no arbitrator compensation being bone by the consumer. Given that AAA is an internationally recognized arbitration company with an established consumer arbitration program (see https://www.adr.org/consumer), we believe this to be a more than reasonable position that allows all parties to economically and expeditiously resolve their disputes. In light ofthis, SC Motors will not be responding to Claimant’s demand to arbitrate this dispute with JAMS as SC Motors has agood faith basis to reject Claimant’s selection ofJAMS and given that the parties have previously agreed to resolve their disputes with AAA. We strongly encourage Claimant to submit her claim with AAA. We trust this will resolve the issue. Ifyou have any questions, or would like to discuss this matter further, please feel free to contact us. Sincerely, ~<5 James S. Sifers, Esq. MADISON LAW, APC ADDENDUM TO RETAIL INSTALLMENT SALES CONTACT ARBITRATION VENUE Hyvudg! VEe/laaTry 2912 kmHtesA DILVIRE 2ud VEHICLEMAKE MODEL YEAR VIN DEALERS STOCK NUMBER CLASDIR HERMS BUYER CO-BUYER Buyer/Co-Buyer and Seller, as defined in the accompanying Retail Installment Sales Contract (“RISC”) executed in connection with Buyer's/Co-Buyer’s purchase of the vehicle referenced above, reaffirm their agreement stated in the RISC that should a dispute with the American Arbitration Association (“AAA”) utilizing AAA’s Consumer Arbitration Rules, amended and effective September 1, 2014, (“Consumer Rules”). This Addendum is meant to supplement the Arbitration Provision found in the RISC. Should this Addendum or any portion thereof, be found by any court of competentjurisdiction to be unenforceable for any reason, the remainder of the Addendum, as well as the Arbitration Provision found in the RISC, shall remain enforceable. AAA's Consumer Rules may be found at www.adr.org for your review. Additionally, upon request Seller will provide you with a copy ofAAA's Consumer Rules for your review. | agree to be bound by the foregoing. Additionally, | acknowledge that | have reviewed AAA's Consumer Rules and/or have been provided with an opportunity to do so. DATE: ‘1 | ZN(5 Uoeans. : BUYER PATE CO-BUYER So agreed, DATE: SELLER RETAIL INSTALLMENT SALE CONTRACT —- SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer Number a44a4 Contract Number R.O.S. Number _6u63n032 Stock Number _D37248 Buyer Name and Address Co-Buyer Nameand Address 3 Seller-Creditor (Name and Address) (including Sam and Zip. ge) (Including County and Zip Code) xt 21 RIDGECREST 609 W CRAYCETHORPE AVE PLACENTIA CA. 92670 (718) 524-8400 You, the Buyer (and Co-Buyer, if the vehicle below for cash or on credit B signin this contract, pnd the Seller Creditor nite “we” or “us” choose [o buy the vehicle on credil under the this contract) the Amount Financed and Finance — ments on the front end back ayYou agree to pa rge in U.&ds5ccoringo fiepeed sohedklls below.atorsourancevignacoy basis.TheTruthIn-Lending Disclosures below arepart of his contract. New Make Used Year and Modal Odometer Vehicle identification Number Primary Use For Which Purchased Persanal, fa BaHEYUNDAX pioAhiriL USED| 2012 VELOSTER 29295 KMHICGADSCUD37248 Ul business or commercial — FEDERALTRUTH-IN-LENDING DISCLOSURES STATEMENTOF INSURANCE ANNUAL FINANCE Amount Total of Total Sale NOTICE. parson required as a condiion linencing PERCENTAGE CHARGE Financed Payments Price De pachtsaCewy RATE The doilar The amount af The amount The total cost of DeoWar ore mt tapesgar The Sona amounl the rs provided will rir paidi adh.Inchonon oblain credit.aracai 1Fay 56tylodWisi ur credit as credit wi you or you have made pproval process. yeariy ale, cost you. on your behalf. payments as SoirGown WRIhe §etretradi n scheduled. -- Vehicle Insurance - is Term Premium 8.000 ol5 0.00) 5 13800.00 |g 13800.00(c)|q 14800.00(c)| 5s ¥/RpyycompFires Thett ws § K/7R (e) means an estimate s_ XIRpeyCoision Mss N/R YOURPAYMENTSCHEDULEWILLBE: L = ~ AE i. Bodily Injury s_ ESRnus Mes § wi NumberofPayments: ~~| Amount ofPayments: | WhenPayments Ara Due:| PropertyDamage $ —_X¥£Rimits ___Ms § FA One Payment of N/A Medica! 2/A Ms 8 BJA _ N/A Ws SN/R One Payment of E/A hhRaeFame sK/h) Le UNLESS A 15 INCLUDED IN THIS AGREEMENT FOR PUBLIC LABTYOFPROPER DAMAGE PRYMENT Cod faginal 0.00 FOR SUCHCOVERAGE 'S NOTPROVIDED BY THES — You may PRONEHORIMMipee Monthly beginning (see back) choose who Is acceptable to You 1 13800.00 10/27/15 are ol required Yerance to oblsinciec. Buyer X : DaiOne final peyment 0.00 Seller X CeGreyfadAle10Sr4oyryeffofpr Jacocoayd Prepaymenl. a minimum finance charge. SeinrestYorgostylepages he uo Iw. 1dion SiDos Credit Insurance Additional information: contr mare iniormation ngi a mepayment, Oellt, any requited Credit Life: Buyer Co-Buyer [J Both | Spat1hiishackdis,, minimum finance charges. ard security infer DO] Credit Di ity (Buyer Only) ITEMIZATION OFTHE AMOUNT FINANCED (Seller may keep pari of ihe amounts peid to others.) Term Exp. 1. Total Cash Price Creditlite BfMos____Rl A. Cash Price of Mofor Vehicle and Accessories $.1327940 Credit Disability M/s.5H/A 1. Cash Price Vishicle $13279.40 Total Credd Insurance Premiums §_WZA(D) 2. Cash Price Accessories s__®/A Insurance Company Name 3. Other (Nonlaxable) Describe __._ = § B/A HomeOlice AddressB/& Describe 3 $ _H/A __E/A 5 B. Document Processing Charge {not a governmental fee) Ss15.008 Casts insurance and credit disability insurance are nol C. Emissions Testing Charge (nol a governmentalfee) $sB0.00E) -afoamyoerLacsmirnol Flyfog D. (Optional) Theft Cetemant Device flo whom paid)SAFEGUARD § H/A®0) cudrope,Moyabyt unless y E. (Optional) Thett Deterrent Device (fo whom paid) M/A s___B/AE) besec on your ong payment due.This Insurance may | F (Optional) Thefi Deterrent Davice (to whom paid) 5 _H/AF nol eyayoowe on conracyouritlake papers. G. (Optional) Surice Protection Product fio whom paid) $ _H/A@©) | ponent ornnewrter ofomerCourage br Ite i g ; H/A ISLBNCH Mmsurance oiging! H. (Cptiona) Suriace Protection Product (1d whom peid) $ i due date fo the (ast payment unless & differentlem for Ihe I. EY Charging Staticn [to wham paid) $ H/A() insurance is shown above. J. Sales Tax (on taxable items in A through I) $1072.35. You areapplying for te credit ieuatcs marked K. Electronic Vehicle Registration Transter Cha above. signature below means thal tard onpefin Ho noid > < W/AK) that:(1)You arenot eligible forInsurance {yoouhave JRLtlsLd* Thayer oy Electionic Vehicle Registration of Transfer Charge>= o D P o z = z r (nota governmental fee) (towhompaidy ______ _§__W/AK (Optional) Service Contract (fo whom paid $ B/AL (Optional) Service Contract {Io whom paid) eee eaeJEAN (Optional) Service Contract (lo whom paid) $ WLAN (Optional) Service Cantract (lo whom paid) $s BJA) (Optional) Service Conlract (to whom paid) $ H/AP) . Prior Credit or Lease Balance paid by Sefler 10 sg _B/A©Q) (see downpayment and trade-in calculation) R. (Optional) Gap Contract fio whom paid) $ WZAR) S. (Optional) Used Vehicis Contract Cancellation Option Agreement $s._B/AS T. Other (10 whom paid) For_ $ HAM Tota) Cash Price (A Ihrough T) 5_14476.750) 2. Amounts Psld to Public Officials A. Vehick License Fees Estimate S$300.0804) B. RegsvationTransfer/Titling Fees $15046) C. Caliornia Tire Fees $_______H/AC 0 Other. Smog. Abatement/TransferPee5R/AD) Total Downpayment (C through Gj 7. Amcunt Financed {5 less 6) Total Official Fess (A through D) $315000 3, Amount Paid Yo Insurance Companies (Total premiums from Statementof Insurance column 2 + b) $sH/Ag 4, {gl State Emissions. Certification Fee or [] State Emissions Exemption Fee 5.8B284 5. Subtotal (1 through 4) $_14B00_0p6) 6. Total Downpayment A, Agreed Trade-In Value Ye Make $ _B/AWK Mods! Odom VIN B. Less Prior Credit or Lease Balanca (eg) S__.B/IA®) C. NetTrade-In (A less B) (Indicate il a negative number) s_HJAKC D. Detered Downpayment 5HW/AD) E. Manuaciurer's Rebate s___H/AE F. Other $ B/AF G. Cash §_1000_00G) 51000.006) (I negalive, enter 2810 of line 6 57d ener the smolin| less then zero as a positive nurber on bne 1Q above] $._13800.000) above, Your You ry @ signaturebelow means that that: (1) are not eli eonra Ratt vor © N (2) You are eligible for insurance only ifyou are working for w e ible for0.Soy the Prima rise Sas nce, DISABILITY INSUR EHCONDITIONS FORWHICHYOU HAVE EEaeo OR CHIROPRACTOR IN THE 2015 x Date Co-Buyer Signature [OPTIONAL GAP CONTRACT A gap contract (debt cancel: Droiindtela ou Sikn Sd Sas py 80not be provided unless you ilpomenFeatSeyi apart of this conlract N/ATermB/A pos, Yewsyoud HS, | want to buy a gap Buyer Signs X OPTIONAL SERVICE CONTRACT(S) You wanl lo the service contract(s} wriften with tha following company(ies) for the JEbop lorhacia shown in item 1L1M, IN, 10, and/or 1P. 1L Company TermH/A Mos.or H/A. Wiles 1M Company Term —WARMos.orMIAMiles 1N Company Term —_ _WJ/A Mos.or —HSAMies 10 Company Term—MAK Mos, orTeMIMiles Soy Br,a SELLERASSISTEDLOAN BUYER WEAY BE REQUIRED TO PLEDGE SECURITY FOR THE LOAR, WILL BE OBUGATED FOR THE INSTALLWSENT PAYMENTS ON BOTH RETAIL INSTALLIENTSALE CONTRACTAND THE LOAN, Proceeds of Loan From: E/K Amount § BEJAFnance Charge HE Total § M/APaybleinESA instalimentsof§ FAA5SMSA AUTO BROKER FEE DISCLOSURE If this contract reflects the retail sale of a new motor vehicle, the sale is not subject to a lee received by an autobroker from us unless the following box is checked: [1 Name of autobroker receiving fee, if applicable: from this Loen is shown in item 6D. itution will cppiy. SELLER'S RIG CANCEL Buyer assign this lop financial eeed Buyer < and Co-Buyer sign here, the provisions ol the Seller's Right lo Cancel section on the backgiving the Seller the right to cancel if Seller is unable (0 X Co-Buyer HOW THISCONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the conlract must be in writing and both you and we must sign if,"11 ges are binding. Buyer Signs X UAS Co-Buyer Signsgo— Buyer Signs X feant Co-Buyer Signs X Provision for additional information concerning the agreementto arbilrate. ebaie], You agree that, pursuant to the Artiiration Provision on the reverse side of this contract, you or we may elect to resolve &ny dispute by neutral, a court 0TION: LI You pay no finance charge if the Amount Financed, flsm 7, i paid in ful on or belore ——— Year ______ SELLER'S INITIALS NOT HAVE FULL EssSUPPLEMENTAL COVERAGE DEA!radSis THE BUYER) paAS THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE.IF YOU ARE UNSUREarOR NOYYOUR CURRENT INSURANCE POLICY WiLL COVERYOUR NEWLY ACQUIRED VEHICLE INTHE EVENT OF AN ACCMENT,YOU SHOULD CONTACTYOUR INSURANCE WARNING: YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FCR THE VEHICLE BEWG PURCHASED,IF YOU DO [SION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELUNG SS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF THE UN ryaAFTERTHE VEHICLE HAS BEENREPOSSESSED AND SOLU. FORACE THATWILL PROTECTYOU IN THE EVENT OF LOSS OR DAMAGETOYOUR VEHICLE, YOU SHOULD CONTACTYOUR INSURANCE AGENT, FOR COLL SianTo CcSephariHE/SHE UNDERSTANDSTHESE PUBLIC LIABILITYTERMS AND CONDITIONS, X_ Tondo don Naval Amenwmanky re:valind ne lefamm alinbnew joie amdine tha Bnnhaldor ae tneenr af ime Senden in mbiale bn ao im ob eo om mil ommngnl shao 5 34m 00 af lon Boemimebine ob Bob mo od Timmmmadd foI Ru pay 1 waaice COILS 1) BRS ATTAAKTE CILIIATD, BOY § 8 pais fe ah GH whwon SOND pin § Ei LB ArA—— | THEMINMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE WET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR | NOTYOUR CURRENT IRSURANCE POLICY WILL COVER YOUR NEWLY ACQUIREDVEHICLE INTHE EVENT OF AN ACCIDENT,YOU SHOULD CONTACTYOUR HNSURANCE AGENT, WARNING; YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FORA FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED, IF YOU DO | NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING DEALER, HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE GEACER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMCUNT OF THATWILL PROTECTYOU INTHE EVENT OF LOSS OR DAMAGEYO YOURaeeCONTACTYOUR INSURANCE AGENT. | THEonVEE EAger AFTERTHE VEHICLE HAS BEEN REPOSSESSED AND SOLD. THEF Bovis] SIN10 fC DGETHAT HE/SHE UNDERSTANDSTHESE PUBLIC LIABILITYTERMS ANI CON = \SF 1s X | Trade-in PayollAgreement Seerreed onnaoom you andor th Beeholdero lessor ofyoHaden vehiaie al fie payolamor shown in em68 of the ReizatonoAmourFrenced ¢the “Prior Credit or Lease Balance.”You understandthat the amountguoled is an estimate. Seller agrees to pay the payoff shown in 68 to the lienhalder or lessor of fhe trade-in vehicle. or its designee. If the actu! payoll amount is more than the amount shown in 68, you must pay the Seder | ; fess than the amountshown In 8, Seller vill refund 10 youanyoverage Seller receives from yourpriot fanholdéror lessor. Exceptas stated intheNOTICE assiffee of thi will not be obligated © pay the Prior Credit or Lease Balance shown in 68or any refund. Buyer Signature X NWS Co-Buyer Signature X romsaeeeNeTsFoc EL YIKL IONSNCACop0 MooolthDEee ythe full amount due under this agreement al any time. (4) If you n the performance ofyour obligations ary be topisseasedre o s and you may be subject to sult and abilityforthe unpaid indebtedness evidencad bythis agreement. "Fbft) should to resolve it with the selfer. Cams raoracairacic oxmids by Ie sal ay b fared oe ory wey, he icore, nvesforhe Copan SE BORSHOALSTalil5 [opmnt Wars Lites yd agree in writing fo the change, You do not have te agree lo any change, Buyer Signatwe X.____[_~ nS Co-Buyer Signature X The Annual Farcantige Rate may beDDO with the Seller. The Seller may assign thiscontract and retain its right to receive a part of the Finance Charge. YOU AGREE TO THE TERMS OF THS CONTRACT. YOUTHERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACTCANCELLATION OPTION |(coustharctovouSIGHEDTSCONTRACTNE. Califormia law doesnol provide fora ‘orothercancellafion periodTor vehicle sales.Therefore, cannotialer cancel this contract simply besaus youT choYuo,fviol10ch,ihitcqrr whi.yu5b GET10Yt,HOUVEREFREETOTATMO * you may only cancel this contracl with the agreamen! of the seller or for legal cause, such es fraud, However, Calffornls law does require3 aan" eines™ oF This CONTRACT, INCLUDING THE | elroyotardimptenowdAckWicenoeslaryBsnlrOOO,tfc ARBITRATION PROVISION ON THEREVERSESIDE, BEFORE | ad inHigamohgetsnctonCali.StBo contrastcancellation option agreementfordetails. COMPLETELY FILLEDCOPYWHEN YOUSIGNED. | Buyer Signature X(XNJeoSDate - Co-Buyer Signature X— Dale -gop7m045— Co-Buyers and Other Owners — A co-buyer is & parson who is 3 the enlire debt. An offer owner is & person whose name is on the titie to the vehicle but does not have lo pay Ihe cebl.The other owner agrees 10 the security interest in the vehicle given lo us in this contract. Other Owmer Signature X Address GUARANTY: To induca lo sefl the vehicle to B Guarantor individual t of this ct. on tis nad, ssh Guarani ue HnaorsnaCamahHogeTFaapoco Torsegyayesoe completa defense to Guarantors demand0 Jor reimby agrees {0 be liable even if we do one 1) r a oneof more EleanGySeafoFaRebtSuaeo stare Guarantor waives notice of acceptance of tis Guaranty, notice of the Buyer's non-paymenl, non-performance, and default; and notices of the amound owing et any time, sdol aySeward won ie yer. Guarantor X Dale .0assFo045 Guarantor X Dale QORTPR4S Address Address Sl5.raMMPDELiteraTANI,| LAWFo7UNo. A~ARB imp 41.05 ATENNx es02 51) NO.S53.Cand Reznolds Company 10 IDER wamimaateswe50Tob (59a 300302054 THE PRINTER MAKES NOWARRANTY. EXPRESS OR DERLIED, AS TC CONTENT 08 FITVERH FOR PURPOSE, OFTHIS FORM. CONSULT YOUR Dwi LEGAL COUNSEL, ORIGINAL LIENHOLDER OTHER IMPORTANT AGREEMENTS 1 FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge un a daily basis at the Annual Perceniage Rate on the unpaid part of the Amount Financed, Seller - Craditor may recelve part of the Finance Charge. b. Hew we will apply payments. We may apply each payment to the earned and unpaid pert of the Finance Charge, to the unpaid part of the Amount Financed and io olher amounts you owe under this contract in any aides wie choose. c. How late paymenis or early paymietits change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on the {rant on the assumptionthal you will make every payment on the day it is due, Your Finance Charge, Tota! of Payments, and Tota Sale Price will be more if you psy late and less if you pay early Changes may take the form of a larger or smaller fina! payment or, at our option. more or fewer payments of the same amount as your scheduled payment with a smaller fina! payment. We will send you a notice telling you about these changes before the final scheduled payment is dua. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financad at any time. If yau do so, you rus) pay the earned and unpaid part of the Finances Charge and all other amounts due up to the daie of your payment. As of the cate of your payment, if the minimum finance charge is greater than the earned Finance Charge, you may Le charged the difference; the minimum finance charge is as lofiows: (1) $25 if the original Amount Financed does nat exceed $1,000, (2) $50 it the original Amount Financed is mare than $1,000 but net more than $2,000, or (3) $75 ifthe original Amount Financed is mars than $2,000. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract avan it the vehicle is damaged, destroyed, or missing GAP LIABILITY NOTICE In the event of theft or damage 0 your vehicle that resufis in & total loss, there may be e gap between the amour you owe under this contract and the proceeds of your Insurance settlement and deductible. THIS CONTRACT PROVIDES THAT YOU ARE LIABLE FOR THE GAP AMOUNT An optional gap contract (debi cancellation contract) for coverage of the gap amount may be offered for an addilional charge. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or lo sell, rent, lease, or lransfer any interest in the vehicle or this contract without our written permission. You agree not to expasa the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay Boy repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. ¢. Security Interest. You give us a security Interest in; v The vehicle and al! parts or goods installed on il « All money or goods received (proceeds) for the vehicle; « All insurance, maintenance, service. or other coniracts we finance for you; and + All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract as the law allows. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other sacurity interest to be placed on the title without our written parrnigsion,. d. Insurance you must have on the vehicle. You agres to have physical damage insurance covering loss of or damage to the vehicle for the tarm of this contract. The insurance must cover our interest in the vehicle. if you do not have this insurance. we may,if we choose, buy physica! damage insurance. If we decide to buy physical damage insurance. we may either buy insurance that covers yowr interest and our interest in the vehicle, or buy insurance thal renimee arb rar letemrnet oun Bins Albimcc tr = AE Teo We will seli the vehicle if you do not get it back. |f you do not radeain. we will sell the vehicle. We wiil sand yeu a written nctice of sala betare selling the vehicle. We will 2pply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expensos we pay as a direct result of 1aking the vehicle, holding it, proparing 1 for sais, and selling it. Attorney fees and cour! costs the law permits are 8lso allowed sxpsnses. If any money is 1eft (surplus). we will pay it 1 you unless the law requires us fo pay it to somenns else. if meney from the sale (s not enough to pay the emount you owe, you must pay the rest fo us. IT you do not pay this amount when we ask, we may charge you intarast at the Annual Percentage Rats shown on the fzce of this contract, not to exceed the highest rate permitiect by law, untit you pay. What we may do about optional insurance, maintenance, setvice, or other contracts. This contract may coniain charges for optional insurance, maintenanca, service, or ether contrasts, IT we demand that you pay all you owe at once or we repossess the vehicle. we may claim benefits under these contracts and cangei them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vahicle is a total loss becsuse it Is confiscated, damaged, or stolen, we may claim benefits undar thase contracts and cance! them to obtain refunds of unearned charges to reduce what you ows. 4. WARRANTIES SELLER DISCLAIMS H you do not get a writien warranty, and the Selter does not enter Into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express ar Impited, on the vehicle, and there will be noc implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicie that the vehicle manufacturer may provide. If the Seller has sold you a certified used vehicle. the warranty of meschantabiiity Je not disclaimed. 8. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contraci. information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guia pars compradaores de vehiculos usados. La Informacion que ve en el formulario de la ventanilla para este vehiculo forma parte del presente contrato. La informacion del formularis de ia ventanilla defa sin efecto toda disposicién en contraric contenida en el contrato de venta. Servicing and Collection Contacts. You agree that we may Iry to contact you in writing, by e-mail, or using prerecardad/artificial voice messagss, text messages. and automatic telephone dialing systems, ag the law allows. You also agree that we may try {0 contact you in these and other ways at any address or telephone number you provide us, even if tha telephone numberIs a cell phone number orthe contact resulls in a charge 10 you. 7. Applicable Law Federal law and Caiifornia iaw apply to this contract, Il ary part of this contract is net valid, all other parts stay valid, We may delay or refrain from enforcing any of our rights under this contract without fosing them. For example, we may extend fhe time for ila some payments without extending the time for making others. 8. Warranties of Buyer. You promise you have given trus and corres! information in your application for cradit, and you have no knowladga that wilt make that information untrue in the fuiure. We have relied on the truth and accuracy of that information in entering inte this contract. Upon request, you will provide us vith documents and other information necessary to verity any item contained in your credit application, You waive the provisions of Calif, Vehicle Code Section 1808.21 and authorize the Calitornin Deparment of Motar Vehicles fa furnish your rgsidenne address to us, damage insurance. | we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our Interest in tha vehicle, or buy insurance that covers only our interest. If we buy either type of insuranca, we will lel you which type and the charge you mus! pay. The charge will be the pramium for the insurance and a finance charge computed at the Annual Percentage Rate shown on the front of this contract or. at our option, the highest rate the law permits. if the vehicle is lost or damaged, you egres that we may use any insurance ssitlemant lo reduce what you owe or repair the vehicle. e Wheat happens to returned insurance, maintenance, service, or ather contract charges, If we gel a refund of insurance. maintenance, service. or other contract charges, you agree that we may subtract the mfund from what you owe. 3. iFYOU PAY LATE OR BREAK YOUR OTHER PROMISES z. You may awe late charges. You wil pay a late charge on each late payment as shown on the front, Accapiance of 2 lst payment or late charge does not excuse your late paymeani or mean that you may keep making late payments, If you pay late, we may also take the steps described below. b. You may have (oc pay all you owe ai once. If you break your promises (dafault), we may demand that you pay all you owe on this contract at ance, subject tc any right the law gives youto reinstate this confract. Defauit means: «You de not pay any payment on time, » You give false, incomplete, or misleading information on a credit application; * You start & proceeding in bankruptcy or orig is started 2gainst you or your properiy: * The vehicle Is lost, darnaged or destroyed; or + You break any agreements in this contract The amount you will owe will be the unpaid parl of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due hecause you defaulted, ¢. You may have to pay collection costs. You will pay our reascnahie costs to collect what you owe, including attornay fess. court costs, collection agency lees, and tzes paid for other reasonable collection efforts You agree to pay a charge nol to cvcead $515 if any check you aive to us is dishonored. d. We may take the vehicle from you. If you default, we may take {repossess) the vehicle frem you if we do so peacefully and the law allows it. f your vehicle has an electronic tracking device, you agree thal we may use the davice to find the vehicle. If we take tha vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. if any personal items are in the vehicle, we may store them fer you at your expense. lf you do not ask for these items back. we may dispose of them as {he law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you ray pay lo get it back (redeem). You may redeem the vehicle by paying ail you owe, or you may have the right to reinstate this contract and redeem lhe vehicle by paying past due paymenis and any laie charges, providing proot of insurance, and/or taking other action io cure the default. We wifl provide you all notices required by law to tell you when znd how much to pay mem Pahvmhn a hd ass | ENa et authorizetheCalifornia Department of Motor Vehicies 16 furnish your residence address to us. CREDIT DISABILITY INSURANCE NOTICE CLAIM PROCEDURE If you become disabled, you must tell us right away. (You ars advised 10 send this information Lo the same address to which you are normaily required to send your payments, unless a different addrass or tele- phone number is given to you in writing by us as the location where we would like to be notified.) We will tell you wheta to get ¢l2'm forms. You must send in the completed form lo the insurance company as soan as possible and tell us as soon as you do. if yaur disability insurance covers all of your missed payment(s), WE CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLOSE UPON OR REPOSSESS ANY COLLATERAL UNTIL THREE CALENDAR MONTHS AFTER your first missed payment is due or until the insurance company pays of rejects your claim, whichever comes lirst. We can, however, iry to collect, foreclose, or repossess if you have any maney due and cwing Us of are otherwise in defsull when your disability claim is made orif & senior mortgage orlian holder is foreclosing. It the insurance company pays the claim within the \hree calendar months, we must accept the money as though you paid on time.if the insurance compary rejects the clatm within the three calendar months or accept the claim within the three calendar months on a partis disability and pays less than for a tofal disability, you will have 35 days from the date that the rejectian or the acceptance of the parual disability claim is sent to pay past due payments. or the diftarence between the past due payments and whal the insurance company pays for the partial disability, plus late charges. You can contact us, and we will tell you how mich you owe. After that lime, we can take action to collect or foreclose or repossess any collateral you may have gives. if the insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued pavments, you shoud send In these completed additional! forms na (ater than required. If you do not send in these forms on time, the insurance company may stop paying, and we will then bz able lo lake action to collect or foreclose or repossess any collateral you may have given. Seller's Right to Cancel a. 5Selier agrees io deliver the vehicle lo you on the date this contract is signed hy Seller and youYou understand that il may take a few days for Seller to verify your credit and assign the contract,You agree that it Selier is unable to assign the contract to any one of ihe financial institutions with whom Seller regularly does business under an assignment acceptable fo Seller. Solier may cancel the contract. b. Seller shall give you written notice (or in any other manner in which actual notice is given to you) within 10 days of the date this contract is signed if Seller elects fo cancel. Upon receipt of such notice, you must immediately return the vahicle 1o Seiler in the same condition as when sold, reasonable wear and tear excepied. Seller must give back to you ail consideration received by Seller. including any trade- in vehicle. c If you do not immediately return the vehicle, you shall be liable for sll expenses incurred by Seller in taking the vehicle Irom vou, including reasonable auarney's fees. d. While the vehicle is in your possession, all terms of ihe contract, including ‘hose relating 10 use of the vehicle and insurance tr the vahicte, shall be in full force and you shall assume all tisk of loss or | damage fo the vehicle You must pay all reasonable costs for repair and/cr what action you must lake to redzem the vehicle. of any damage to the vehicle until the vehicle is returned fo Seller, ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTSYOUR LEGAL RIGHTS *. EITHERYOU ORWE MAY CHOOSETO HAVE ANY DISPUTEBETWEEN US DECIDED BY ARBITRATION AND NOT IN CQURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UF YOUR RIGHTTO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANYopolYOUMAY HAVE AGAINST US INCLUDING ANY RIGHTTO CLASSARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRA , 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN & LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE (N ARBITRATION. Anyclzira or dispute, whether in contract, tort, sigtula or ciharwisa (including the interpraiziicn and scope of this Arbidration Provision. and the arbitrability of the claim or dispute}. baiween you ant us or our employees. agents. SUGCESSOrS oF assigns, which arises out of or relates to your cradd application, purchases or condition of this vehicle, this contrast ar any resulting fransacticn or ralationship {inchuding any such relationship win thisd paris who do nict sign this cartact) chal, at you: or cur election, be resawed by neural, oinding arbitration ard rat by = eur action, if fsdecsl law provides (hat 4 claim or dispute i not subject to binding arbitration. this Arbitration Provision shail not apply 0 such claim of dispute. Any iain or dispute is to bo adifratad by & single 2rbitieior on an individual basic and not as 5 class actin. You sxprassiy wawe any right you may fave 19 arbilinie & class aclion You ney Shia0ns the American Arsitraticn Asseeichan. 1853 Broadway. 10th Floor, MewsYork. MewYor T0019 (wea.40rorg). ar any Sther erganizaticn 0 condi tha amitration cubjoct 1 Gur apgroval, You may gal a copy of ne rules of Zo arbitration Hrganizatian by zonlacling the organization or siting fis webshe reae wh Pd REEAASDI Us LA SRRMIGY, Sd | RIT TOE UIA (NUE TORR OU EE OIan9), 1 afl DIESE OTE) nation16 eGnutt the arbitration subject to our approval. You may get A copy of ihe rules of an arbitvation organization Ly aenfacting the ergenizatian or visting its website. Arbitrators shall bo attorneys or retired judgzs and shall be seleclad pursuant lo the zppliceble ules. Tha amitrator chad) apply governing substantive law and he agplicable statute of limitations. The arbitration hearing shall ba conducted in the federal district in which you reside unless ihe SolerCreditor i a party to the claim or dispute, in which case the heating will be held in the federal district where this contract was cxecuted. We will pay your filing, administration, service or case management fee and your arbitraing or hearing fee all up © a maximum of $5000. uniess the law or tha rules of he chosen arb¥rgtion organization require us to pay more. The amount we pay may bs reimbursed in whole or in part by decision of the: arbitrator if the arbitrate finds that any of your claims is ir'volous undor applicable fav, Each carty shat be responsiple for its own 3itorney, expert and other fees, unless zwaidcd by the arbitrator under icable law If the chosen arbitration organization's rules. cenfict with fhis Arbitrafion Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by fhe Federal Arbitration Act (SUSC§1 et seq) and not by any siete aw concerning arbitration. Any award by the arbitrator shall Be in writing and will be finzl and birdlisg on 2il parties, subject 10 any limited right to appeal under the ral Arbitration Act. You and we retain the right to seek remedies in small aims court for disputes of claims within that court's jurisdiction, unfess such action is transferred, removed or appealad to 5 ditfsrent court. Nefther vou aor we vaive ie right to arbitrate by Using self-help remedies, such as repasesesion, or by filing an action la recover the vehicle, to recover & daficiency batanas, or for individual injunctive refie!. Any court having jurisdiction rmay enter judgment on the arbitrztors sward. This Arbitration Provizion shail susvie any termini ag nit or fransler of this cantract 1 any part of this Arbitration Frovision other than waivers of class action rights. is deemed of found iu be unenforceable lor any reason, the remainder shal remain enforceable, if a waives of clas action: rights is deemed or found to be unenfcrceable ior any reason in a casz in which class action aliggations have heen made, the remainder of tis Aroitration 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 GF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL KOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment cbiained ander this contract. Seller assigns Bs Inferes! In is contrac (0 (Assignea) al (address) ll pe undat ihe lens of Seller's agreement(s) with Ascignes iG Assigned witn recourse I Assigned without recourse 7] Asszignad with fined recoutss [Seller 8/ Tile FormNo. 653-CA-ARB 7/13 EXHIBIT “7” MA D I S ON Telephone: (949) 756-705017702 Mitchell North Chal ; . Facsimile: (949) 756-9060Irvine, California 92614 LAW (949) August 14, 2018 Ms. Reina Feazell VIA U.S. MAIL & E-MAIL JAMS rfeaszell@jamsadr.com 500 N. State College Blvd., 14" Fl. Orange, CA 92868 RE: Claudia Herms-Verdeja v. SCMotors Ref. No.: 1200054739 Dear Ms. Feazell, Our office represents Respondent Southern California Auto Sales, Inc. dba SC Motors (“SC Motors”). It has come to our attention that the Claimant Claudia Herms- Verdeja (“Claimant”) submitted her claim against SC Motors with JAMS. To be clear, SC Motors has not approved or agreed to JAMSas the forum for adjudicating the claims made by Claimant. Any communication from our office to the contrary, including any fees that mayhave been paid, where made in error. Our office previously formally notified Claimant’s attorney that SC Motors does not and will not approve ofJAMSas the forum. The Retail Installment Sales Contract (“RISC”) entered into between the Claimant and SC Motors (collectively the “Parties™), which is the subject oftheir dispute, specifically provides that SC Motors must approve ofJAMS before JAMS may properly be the forum to resolve any dispute between the Parties concerning the RISC. SC Motors has not approved JAMS. Moreover, the Parties entered into an addendum to the RISC wherein they agreed to American Arbitration Association (“AAA”) as the forum to preside over any disputes. Consequently, any ruling entered by JAMS on this matter would be null and void. We apologize for any miscommunication that resulted in JAMS opening a file for this matter. Due to the clear terms in the RISC,the addendum, and our office’s prior notice of disapproval ofJAMS,it is readily apparent that Claimant’s attorney calculated and hoped for this very misunderstanding. We request that JAMS closetheir file referenced above and refund SC Motors any fees mistakenly paid. We look forward to your cooperation on this matter. cc Mr. Kevin Faulk, Esq. Law Offices ofKevin Faulk 530 Lawrence Expy. #361 Sunnyvale, CA 94085 Ms. Gloria Hong JAMS 500 N. State College Blvd., 14" Fl. Orange, CA 92868 Sincerely, Eric J. Bautist4; Esq. MADISON LAW, APC VIA U.S, MAIL & E-MAIL kfaulk@gmail.com VIA U.S. MAIL & E-MAIL ghong@jamsadr.com EXHIBIT “8” — ( Dd AMERICAN ARBITRATION ASSOCIATION" CONSUMER ARBITRATION RULES Costs of Arbitration Amended and Effeclive September 1, 2018 Costs of Arbitration Arbitrator compensation, expenses as defined in sections (v] and [vil below, and Administrative Fees [which includes Filing Fees, Case Management Fees and Hearing Fees] are not subject to reallocation by the arbitrator(s) except as may be required by applicable law or upon the arbitrator's determination that a claim or counterclaim wasfiled for purposes of harassment or is patently frivolous. Desk/Documents-Only Arbitration In-Person or Telephonic Hearing Arbitration Consumer Filing Fee: $200 [nonrefundable] Filing Fee: $200 (nonrefundable) $0if Case Filed by Business $0 if Case Filed by Business Business Filing Fee (nonrefundable): $300 for 1 or $425 for 3 arbitrators is due once the Filing Fee (nonrefundable): $300 for 1 or $425 for 3 arbitratorsis due once the consumer claimant meets the filing requirements; $500 for 1 arbitrator or $625 for consumer claimant meetsthe filing requirements; $500 for 1 arbitrator or $625 for 3 arbitrators if Case Filed by Business is due at the time the arbitration is filed. 3 arbitrators if Case Filed by Business is due at the time the arbitration is filed. Case Management Fee nonrefundable): $1,400 for 1 arbitrator or $1,775 for Case Management Fee (nonrefundable); $1,400 for 1 arbitrator or $1,775 for 3 arbitrators will be assessed 40 days after the dale the AAA sends correspondence 3 arbitrators will be assessed 40 days after the date the AAA sends correspondence communicating the “answer” due date to the parties or upon the appointment of the communicating the “answer” due date to the parties or upon the appointmentof the arbitrator, whichever comesfirst. arbitrator, whichever comes first. Arbitrator Compensation: $1,500 per case” Hearing Fee: $500 Arbitrator Compensation: $2,500 per day of hearing” per arbitrator "A Desk/Documents-0nly Case will not exceed document submissions of more than *The arbitrator compensation encompasses one preliminary conference, one day 100 pages in total ana 7 total hours of time for the arbitratorto review the submissions of in-person or telephonic hearing, and onefinal award. For cases with additional and render the Award. procedures, such as multiple telephone conferences, motion practice, post-hearing briefing, interim or partial awards, awards containing findingsof fact and conclusions of law, or other processes not provided in the Rules, the business will be responsible for additional arbitrator compensation. Arbitrator compensation is not subject to reallocation by the arbitrator(s] except as may be reauired by applicable law or upon the arbitrator's determination that a claim or counterclaim wasfiled for purposes of harassmentor is patently frivolous. Beyond 100 pages and 7 hours of time, the business will be responsible for additional arbitrator compensation at a rate of $300 per hour. Arbitrator compensation is not subject to reallocation by the arbitrator{s) exceot as may be required by applicable law or upon the arbitrator's determinalion that a claim or counterclaim wasfiled for purposes of harassment oris patently frivolous. (i) Filing Fees* In cases before a single arbitrator where the consumeris the Claimant, a nonrefundablefiling fee, capped in the amount of $200,is payable in full by the consumer when a caseisfiled unless the parties’ agreement provides that the consumer pay less. A nonrefundablefiling fee in the amount of $300 is payable by the business once the consumer claimant meets the filing requirements, unless the parties’ agreement provides that the business pay more. 1 | adr.org 3 AMERICAN ARBITRATION ASSOCIATION" COSTS OF ARBITRATION (CONT.) In cases before three or more arbitrators, where the consumer is the Claimant, a nonrefundable filing fee capped in the amount of $200 is payable in full by the consumer when a case is filed, unless the parties’ agreement provides that the consumer pay less. A nonrefundable filing fee in the amount of $425 is payable by the business once the consumer claimant meets the filing requirements, unless the parties’ agreement provides thal Lhe business pay more. In cases where the business is the Claimant, the business shall be responsible for all filing fees. The nonrefundable filing fee is $500 for a single arbitrator or $625 for 3 arbitrators, There shall be no filing fee charged for a counterclaim. The AAA reserves the right to assess additional administrative fees for services performed by the AAA beyond those provided for in these Rules and which may be required by the parties’ agreement ar stipulation. *Pursuant ta Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income ofless than 300% of the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies lo all consumer agreements subject to the California Arbitration Act, and lo all consumerarbitrations conducted in California. If you believe that you meet these requirements, you must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household. Please contact the AAA at 1-800-778-7879, if you have any questions regarding the waiver of administrative fees. [Effective January 1, 2003) (ii) Case Management Fees A nonrefundable case managementfee of $1,400 for 1 arbitrator or $1,775 for 3 arbitrators will be assessed to the business 60 days after the date the AAA sends carrespondence communicating the "answer" due date to the parties or upon the appointment of the arbitrator, whichever comesfirst. Should the case close for any reason within 60 daysof the “answer” due date communication and no arbitrator has been appointed, the case management fee will not be charged, fii) Neutral Arbitrator's Compensation The business shall pay the arbitrator's compensation unless the consumer, post dispute, voluntarily elects to pay a portion of the arbitrator's compensation. « Desk/Documents-Only Arbitration - Arbitrators serving an a desk/documents-only arbitration will receive compensation at a rate of $1,500 per case. A desk/documents-only arbitration will not exceed document submissions of more than 100 pages in total and 7 total hours of time for the arbitrator to review the submissions and render the Award. Beyond 100 pages and 7 hours of time, the business will be responsible for additional arbitrator compensation al a rate of $300 per hour, * In-Person or Telephonic Hearing Arbitration - Arbitrators serving on an in-person or telephonic hearing arbitration case will receive compensation at a rate of $2,500 per day of hearing per arbitrator. The arbitrator compensation encompasses one preliminary conference, one day of in-person or telephonic hearing, and one final award. For cases with additional procedures, such as multiple telephone canferences, motion practice, post-hearing briefing, interim or partial awards, awards containing findings offact and conclusions of law, or other processes not provided in the Rules, the business will be responsible for additional arbitrator compensation. Once a Preliminary Management Hearing is held by the arbitralor, the arbitrator is entitled lo one-half of the arbitrator compensation rate. Once evidentiary hearings are held or all parties’ documents are submitted for a desk/documents-only arbitration, the arbitrator is entitled to the full amount of the arbitrator compensation rate. For in-person or telephonic hearing arbitrations,if an evidentiary hearing Is cancelled fewerthan 2 business days bafore the hearing, the arbitratoris entitled to receive compensation at the first day ol hearing rate, Any determination by the AAA on whether the business will be responsible for additional arbitrator compensation is in the sole discretion of the AAA and such decision 1s final and binding. 2 adr.org d AMERICAN ARBITRATION ASSOCIATION" COSTS OF ARBITRATION (CONT) (iv) Hearing Fees For telephonic hearings or in-person hearings held, a Hearing Fee of $500 is payable by the business, |f a case is settled or withdrawn prior to the hearing taking place, the Hearing Fee will be refunded, or cancelled if not yet paid. However, if the AAA is nol notified of a cancellation at least two business days before a scheduled hearing, the Hearing Fee will remain due and will not be refunded. There is no AAA hearing fee for an Administrative Conference [see R-10). [vl Hearing Room Rental The hearing fees described above do not cover the rental of hearing rooms. The AAA maintains rental hearing rooms in most offices for the convenience of the parties. Check with the administrator for availability and rates, Hearing room rental fees will be borne by the business. {vil Abeyance Fee Parties on cases held as inactive for one year will be assessed an annual abeyance fee of $500. If a party refuses ta pay the assessed fee, the opposing party or parties may pay the entire fee on behalf of all parties, otherwise the matter will be administratively closed. All filing requirements, including paymentof filing and other administrative fees, must be met before a matter may be placed in abeyance. (vii) Expenses All expenses of the arbitrator, including required travel and other expenses, and any AAA expenses, as well as the costs relating to proof and witnesses produced at the direction of the arbitrator, shall be borne by the business. (viii) Consumer Clause Review and Registry Fee Please note that all fees described below are nonrefundable. For businesses submitting a clause, the cost of reviewing the clause and maintaining that clause on the Registry is $500. A yearly Registry fee of $500 will be charged to maintain each clause on the Registry for each calendar year thereafter. If the AAA receives a demand for consumer arbitration from an arbitration clause that was not previously submitted to the AAA for review and placement on the Registry, the business will incur an additional $250 fee for the AAA to conduct an immediate review of the clause. Any subsequent changes, additions, deletions, or amendments to a currently registered arbitration agreement must be submitted for review and a review fee of $500 will be assessed at that time. lix) Reallocation of Arbitrator Compensation, AAA Administrative Fees and Certain Expenses Arbitrator compensation, expenses as defined in sections |v} and [vii] in Costs of Arbitration section of the Rules and administrative fees [which include Filing and Hearing Fees) are not subject to reallocation by the arbitrator(s) except as may be required by applicable law or upon the arbitrator's determination that a claim or counterclaim was filed for purposes of harassment or is patently frivolous. 3 adr.org C C 0 N N O N n n A W N N F O R Y IB DN B N N Y R Y R E I R S e l N e m e G d w e d h e d c e d r e S e d ch ad N Q A v n B R A W N = O O 0 d A W N = ~2 n PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. Iam over the age of 18 and not a party to the within action, my business address is 17702 Mitchell North, Irvine, California, 92614. On November 2, 2018, I served the foregoing documents: DEFENDANT SC MOTORS, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION PURSUANT TO CAL. CODE CIV. PROC. §§ 1281.2, 1281.4, AND 1281.7; TO STAY THE PROCEEDINGS PENDING COMPLETION OF ARBITRATION; REQUEST FOR COSTS IN THE AMOUNT OF $444.95; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF MASAM ASLAMPOUR AND ERIC J. BAUTISTA on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Mr. Kevin Faulk, Esq. Law Office of Kevin Faulk 530 Lawrence Expy., #361 Sunnyvale, CA 94085 [X] Iam readily familiar with the firm’s practice of collecting and processing ofdocuments and correspondence for mailing with the United States Postal Service. Under that practice, on the above date, the envelope was sealed and placed for collection and mailing following the ordinary business practices ofour office. This results in the envelope being delivered to the United State Postal Service that same day, with postage thereon fully prepaid. [] I caused such envelope to be delivered by hand to the office of addressee: [ 1 Tsent the attached documents via electronic mail to: [ 1 Bydelivering such documents to an overnight mail service or an authorized courier in an envelope or package designated by the express service courier addressed to the person(s) on whom it is to be served [X] Ideclare under penalty ofperjury under the laws of the State ofCalifornia that the foregoing is true and correct. Executed on November 2, 2018, at Irvine, California. 1 Vs ” / Gl, SLfe 7 Fd J ( J