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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.
ELECTRONICALLY FILED
Superior Court of California,
County of Orange
11/02/2018 at 06:03:00 PM
Clerk of the Superior Court
By Jeanette Torres-Mendoza, Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE — CENTRAL JUSTICE CENTER
CLAUDIA HERMS-VERDEIJA, an individual;
Plaintiff,
V.
SC MOTORS, INC., a Corporation, and DOES 1
through 20, inclusive,
Defendant.
Case No.: 30-2018-01020858-CU-MC-CIC
ASSIGNED FOR ALL PURPOSES to:
Hon.: Judge Debora Servino
Dept.: C21
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
Hearing:
Date: January 11, 2019
Time: 10:00 am.
Dept: C21
RES ID: 72922329
Action Filed: September 24, 2018
I
Trial Date: None Set.
DEFENDANT SC MOTORS, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE
PROCEEDINGS PENDING COMPLETION OF ARBITRATION
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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 of this|
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, if it
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 that prior to the filing of this 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 of Motion 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 of November, 2018, by:
MADISON LAW ARC
[,
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
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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 of the purchase. By way of initiating this dispute
through the Court and refusing to respond to Defendant’s demand that Plaintiff submit her claims to
arbitration, Plaintiff has 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 of Masam 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 dispute arises. (/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
23
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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 Plaintiffs counsel of
Defendant’s non-approval of JAMS 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, § 6.) To date, Plaintiff refuses 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.)
Ill. 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
relief may 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
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(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 of self-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 of the 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 of the 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
DEFENDANT SC MOTORS, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATON AND TO STAY THE
PROCEEDINGS PENDING COMPLETION OF ARBITRATION
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transferred to the judicially preferred forum of arbitration." Cal. Code Civ. Proc. § 1281.2 states that:
On Motion of a party to an arbitration agreement alleging the existence of a written
agreement to 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 regard to 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.”) As such, the validly
executed Contract and Addendum confirm that Plaintiff is aware of the arbitration agreement.
Therefore, Plaintiff cannot argue that she did not agree to arbitrate any disputes or that she is surprised
by it. Nonetheless, Plaintiff has 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 of arbitration 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 of arbitrations ... [as a] favored method of resolving 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 be filed 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 AND TO STAY THE
PROCEEDINGS PENDING COMPLETION OF ARBITRATION
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B. Registration Transfer Titling Fees $15.00) contract for dete on the terms and condone i roves To
C. California Tire Fees $___. .. BJ/AC a part of this contract.
D. Other Smog Abatement /Trancfer Pee ~~ S_ N/AD) Term _ M/A Mos. W/A
Total Offigial Fees (A through D) $315 .00@ : Bh . Name of Gap Contract
3. Amount Paid 1o Insurance Companies ant to buy 8 ap Hone. [ ; :
(Total premiums Irom Statement of Insurance column a + bj $s. H/Ap Buyer Signs X Aas MS,
4. &g State Emissions Certification Fee or [J State Emissions Exemption Fee $B. 2514)
OPTIONAL SERVICE CONTRACT(S) Y Li 5. Subtotal (1 though 4) $ARAND DOH] || iabare Whe S0vich GHEEIS be oh po
company(ies) for the term(s) shown below for the charge(s) 6. Total Downpayment shown in dem 1.18, IN, 10, and/or 1R
A. Agreed Trade-In Value Yr Make ox $ _H/AA
Model Odom 1L Company
VIN Term BAA. Mos.or HUB Mies
B. Less Prior Credit or Lease Balance (e) — VF 1M Company
C. Net Trade-In (A less B) (indicate it a negative number) $___ N/A® Term M/A Mos.or —__ M/A Miles
D. Deferred Downpayment s_______N/AD 1N Company
E. Manufacturer's Rebate s. H/AE) Term ____MJA Mos. or BJA Mies
F. Other = 28 _B/AFR 10 Company
G. Cash $__1000_00(C) Term WSR Mos or — WAR Mies
Total Downpayment (G through G) $__ 1000. 006; (0 TT EE Le MA
{ll negative, enter zero on fine & and enter the amount less than 2610 as a positive rumber on ne 1Q above; Term ¢ Kos, or mee es Miles
7. Amount Financed (5 less 6) $_13800.007 Buyer X RA po) I
SELLER ASSISTED LOAN AUTO BROKER FEE DISCLOSURE HOW THIS CONTRACT CAN BE CHANGED. This
ip CATE TRE Ens ox Bomi-us. | | If this contract reflects the retail sale of a ee a eo
RETAIL NSTALLWENT SALE CONTRACT AHO THE LOAN. new motor vehicle, the sale Is not subject | | 2orac wt be in wiiing and both you and we
to a fee received by an autobroker from us | | must sign it. No #73 chagges are binding.
Proceeds of Loan From: M/A || unless the following box is checked: 7 [ik CUAS
AmountS BM fAFinance Charge $ BJA Buyer Signs X -
Tolls —_ H/A Payee myn ||] Name of autobroker receiving fee, if | |coBuyer Signsx
instalments ofS —_____ MAAS W/A_ || applicable:
from this Loan is shown in item 6D.
SELLER'S R ANCEL [f Buyer and Co-Buyer sign here. the provisions of the Seller's Right to Cancel Section on Lhe back giving the Seffer the right to cancet if Selier is unable lo
assign this contr tors financial inglitution will apply.
x 7 g LUVUAS X
Buyer Co-Buyer
Agreement to Arbitrafer By signing below, you agree that, pursuant lo the Arbilration Provision on the reverse side of this contract, you or we may elect to resofve ary dispuiz Dy neutral,
binding arbitration ar! notfy a court 4cfion. See the Arpitration Provision for additional information concerning the agreement 10 arbitrate,
Buyer Signs X _ (_~ “rea Co-Buyer Signs X
| 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
wy a Te INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AM ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
NING:
YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU BO
NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISKON 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 BALMICE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD.
FOR ADVICE, LL COVE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER/SHALY SIGN TO NOWLEDGE THAT HE/SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS,
SN. he Nl < nS . : X
Tonsln ba Manet A ponnmants Callas valine wa Trbnrmntng bam ier nedine thn Snahaliare ne basse nbn e tend in ishinla Bn ard m ob dha ome sonial aha in dams MD al lhe Baaieaien = § smrt Tannnnd |
emi aan Ld YUM ely Tia ara ie Laide aie ANOLE IUILEU, BE {1 Paid i Iul WE ve edna I 0 AH A aa Sead
THE MHIIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IK LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR
a ARPA INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE INTHE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
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 DEALER, USUALLY UP TO THE AMOUNT OF
THE UNPAID BA E REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD,
FOR ADVICE ON FULL COV THAT WILL PROTECT YOU INTHE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER/SHALY SIGN TO ACKNOWLEDGE THAT HE/SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS.
SEK es S : ro X
Trade-In Payofi Agreement: Seller relied on information from you andor the lienholder or lessor of your frade-in vehicis to arrive at the payoff amount shown in item 68 of the itemization of Amount Fina ced
as the "Prior Credit or Lease Balance.” You understand thet the amount quoted is an estimale.
Seller agrees ta pay the payoff amoynt shovm in 68 ta the ienfioider or lessor of the trade-in vehicke, or its designee. if the actual payolf amount is more than the amount showin in 62, you must pay the Seller
the excess on demand. fhe act amoynt is less than the amount shown in 6B, Seller will refund to you any overage Sefler receives from your prior lienholder of lessor, Excepl as stated in the "NOTICE
on the back ol this contract, fea of Ii eqntract vill not be obligated lo pay te Prior Credit or Lease Balance shown in 6B or any refund,
Buyer Signature X __[ nS Co-Buyer Signature X
Notice to FUpe: (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 proses 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 be repossessed and you may be subject to suit and liability for the unpaid indebtedness evidenced by this agreement,
H you have a complaint concerning this safe, you should try 0 resolve i with the seller.
Complaints concerning unfalr or deceptive or methods by the selfer may be referred to the cily attorney, the district attorney, or an investigator for the Departmen)
of Motor Vehicles, or any combination thereol.
After this contract is fa 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 it Is an unfalr or deceptive for the seller to make a unilateral change.
Buyer Signature X ptt} : 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 | YOU AGREE TO THE TERMS OF THIS CONTRACT, YOU
Caffoialaw dos ot rviefora"co0ng-of” oe cancelation prod fr vehicles, hereloeYou canner cacef tis contact | Cont i AOC A acm TH CONTACT HE
you may only cancel this contract with the agreemeni of the seller or fot legal cause, such as fraud. However, California law does require a BOTH SIDES OF THIS CONTRACT INCLUDING THE
seller to affera two-day coniract cancellation option an used vehicles with a purchase price of less than forty thousand dollars ($40,000), subject ARBITRATION PROVISION ON THE REVERSE SIDE, BEFORE
lo certain statutory conditions. This contract cancellation option requirement does o apply to the sale of a recreational vehicle, a motorcycle, SIGNING BELOW. YOU CONFIRM THAT YOU RECEIVED A
or an off-highway moter vehiclgsupjgct fo identification California aw. See the le contract cancellation option agreement for details. COMPLETELY FLLEDIN COPY WHEN YOU SIGNED IT,
Buyer Signature X (LX fle ons * Date Co-BuyerSignatureX — Date _gop7pg45-—
Co-Buyers and Other Owners — A co-buyer Is a person who is responsible lor q the enlire debl. An olher owner is a person whose name is on the title to the vehicle but
does nol have lo pay the debl. The other owner agrees io the security interast in the vahicle given to us in this contract,
Other Owner Signature X Address
GUARANTY: To induce us fo sell the vehlcia to Buyer, each person who 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 pay It when asked. Each Guarantor will be liable for the tofal amount owing even il other partons also sign as Guarantor, and even if Buyer has a
complete defense to Guaranior's demand for reimbursement. Each Guaranlor agrees to be liable even if we do one or mare of the following: (1) gue the Buyer more time ‘o pay one of more
payments: (2) give a full or partial refease lo pry ones Guaranlor; (3) release any security; (4) in 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. natice of the Buyer's non-payment, non-performance, and default; and notices of the amount owing at any ime, and of any demands upon te Buyer.
Guarantor X Date _pogapaqs Guarantor X Dele QOR7RO4S
Address Sd Address
Seller Signs SC MOTORS Date _pop7oR4s By X Moers” fergogr
LAN FORM NO, 553-CA-ARB wr 2151s PATENT 8, 150,227
©2913 The Reynokis and Reynaids Company 10 ORDLH ww dpzrste mur 00 23¢ 08, we 780810 WEE
THE PRINTER MAKES 50 WARRANTY. EXPRESS OF IMPLIED, AS TO CONTENT ©
FITHERS FOR PURPOSE OF THIS FORA. CONSUL) YOUR OWN LEGAL COUNSEL, OBIGINAL LIENHOLDER
Tite £5 (re
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! -
Creditor may receive part of the Finance Charge.
How we will apply payments. We may apply each
payment t6 the earned and unpaid part of the Finance
Charge, to ihe unpaid part of the Amount Financed and io
other amounts you owe under this contract in any orders we
choose.
How late payments or early payments change what you
must pay. We based the Finance Charge, Total of
Payments, 2nd Total Sala Price shows on the front on the
assumption that you will make every payment on ihe day it
is due. Your Finance Charge, Total of Payments, and Total
Sale Price will be mote if you pay late and less if you pay
early Changes may take the form of a largar or smaller final
payment or, al our option. more of fewer payments cf the
same amount a8 your scheduled payment with a smalier
fina! payment. We wilt send you a notice felling you about
these changes betore the final schedulad payment is due,
You may prepay. You mey prepay all or part of the unpald
part of the Amount Finariced at any time. Il you da so, you
mus! pay the earned and unpaid part of the Finznes Charge
and all ather amounts due up to the date of vour payment.
As of the date of your payment, if the minimum finence
charge is greatar than the earned Finance Charge, you may
be charged the difference: the minimum finance chags is
zs follows: (1) 823 if the original Amaunt Financed does not
exceed $1.000, (2) $50 it tha original Amount Financed is
more than $1,000 but not more than $2,000, of (37 §75 If the
origina! Amount Financed is mora than $2,000.
2. YOUR OTHER PROMISES TO US
3,
4,
if the vehicle is damaged, destroyed, or missing. You
agree to pay us all you owe under this contract even if the
vehicie is darnaged, destroyed, or missing.
GAP LIABILITY NOTICE
In the event of theft or damage to your vehicis that
resulis 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 PROVIDES THAT YOU ARE LIABLE FOR
THE GAP AMOUNT. An optlicnal gap contract (debi
cancellation contract) for coverage ¢f the gap amount
may be offered for an additional charge.
Using the vehicle. You agree not to remove the vehicle
from the U.S. or Canada, or to sell, rent, tease, 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 ii;
* All money or goods received (proceeds) for the vshicle:
« Ali insurance, maintenance. service. or other contracls
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 elso secures your other agreements in this contract as the
law allows. You will make sure the titie shows cur security
interest (lien) in the vehicle, You will not allow any other
security interes! to be placed on the title without our written
permission.
Insurance you must have on the vehicle.
You agree to have physical damage insurances 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 insurance. if we decide to buy physical damage
insurance. we may either buy insurance thal covers your
interest nnd our interest in the vehicle, or buy insurance that
Peviere Arby Fuge iedemenat Wiis bar alleen Fe
We wilt seli the vehicle if you do not gst if back. if you do not
redesm, we will seli the vehicle. We will send you a wrillen notice
of ale before selling the vehicle.
We will apply te money from the saig, less allowed expenses, ta
the amount you owe. Allowed expenses are expenses we pay as
2 direct result of taking the vehicle, holding it, preparing it for sales,
and selling it. Attorney fees and court costs the law permits are
also allowed expenses. If any money is left (surplus). we will pay
it 12 you unless the law requires us to pay it fo someone ess. if
money from te sale is not enough to pay the amount you owe,
you must pay the rest fo us. 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 sbout 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 all you owe at once or we repossess
the vehicle, wa 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 fs a total loss
because if is confiscated, damaged, or stolen. we may claim
benefits under these contracts and cancel them to obtain refunds
of unearned charges lo icduce what you ows,
4. WARRANTIES SELLER DISCLAIMS
i you do not get a written warranty, and the Seller 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 will be no implied
warranties of merchantability or of fitness for a particular
purpose.
This provision does not alfect any warranties covering the vehicle
that the vehicle manufacturer may provide, If the Selier has sold
you a certified used vehicle, the waranty of merchantability is cmt
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 vehiculos
usados. La informacidn que ve en el formularic de fa
ventanilla para este vehiculo forma parte dei presenie
contrato, La informacion del formulario de la ventanilia deja
sin efecto toda disposicion en contrario contenida en el
contrato de venta.
&. Servicing and Callection Contacts.
You agree that we may fry io contact you in writing, by e-mail, of
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 in these and other ways at
any address or telephone number you grovide us, sven if tha
telephone number is a cell phone number or the contact results in
a charge 10 you
7. Appticable 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 fruz and correct
information in your application for credit, and you have no
knowledge that will make that information untrue in the luture, We
have relied on the 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 tem
contained in your credit application.
You waive ihe provisions of Calif. Vehicle Code Section 1208.21 and
authoriza the California Depariment of Motor Yahicies fo furnish your
residence address lo Us
———
damage insurance. if we decide to buy physical damags
insurance, we may either buy insurance that covers yaur
interest and our interest in the vehicle, or buy instirance that
cavers only cur inigrest. If we buy either type of insurance
we will teli you which type and the charge you must pay. The
charge will be tha premium for the insurance and a finance
charge computed at the Annual Percentage Pate shown on
the rant of this contract or, at our option, the highest rate
the law permifs. It the vehicle is fost or Zamaged. you agres
that we may use any insurance seiilement 10 reduce wheat
you awe or regair the vehicle.
= What happens to returned insurance, maintenance,
sevice, or other contract charges. if wa gel a refund of
insurance, maintenance, ssivice. or other contract charges,
vou agres that we may subfract the refund from what you
awe,
x iF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
z=. You may owe late charges. You will pay a late charges on
each late paymeot as shown on the front. Acceptance of a
late payment or late charge does nol excuse your late
paymont of mean that you may keep making fate paymonts.
It 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 an time,
= You give false, 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 ig lost, darraged or destroyed; or
«You break any agresrments in this contract
The amount you will owe will be the unpaid part of the
Amount Financed pius the eamed 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 collect what you owe, including afforney
fees, court costs, colieclion agency fees, and tees paid for
other reasonable collection efforts, You agree te pay a charge ni!
to oxceed 515 if anv check you give 16 us is dishonored
d. We may take the vehicle from you. If 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 devica 10
find the vehicle. If we take the vehicle, any accessories,
equipment, and replacement parts will stay with the vehicle.
if any personal items are in the vehicle, we may store them
for you 21 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 redeem 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 1aking other
action to cure the default. We will provide you all notices
required by law to tel! you when and how much to pay
and/or what action you must take to redeem the vehicle.
TE ARIE = reir Ise fm
authorize the Caiitornia Desa; iment of Motor Vetiicies 1 furnish your
residence address 16 us.
ee ee
CREDIT DISABILITY INSURANCE NOTICE
CLAIM PRCCEDURE
it you become disabled, you must tell us right away (You arg advited
la send this information 10 the same address to which you dre noraially
required to send your payments, unless a different address or tele-
phone number is given fo you in wrifing by us as the locaton where we
Would like 16 be notified ) We will {ell you where lo get claim forms fou
must send in the completed form to the insurance compary as sean
2s possiile and {ell Us 2s scan as you do.
If your diganilily insurance covers all of your missed payment(s), WE
CARNOT TRY TO COLLECT WHAT YOU QWE OR FORECLGSE
UPON OR REPOSSESS ANY COLLATERAL UNTIL THREE
CALENDAR MONTHS AFTER your first missed payment is die or
until the insurance company pays or rejects your claim, whichever
somes first. We can, however, tty to collect, foreciose. gr repossess if
you have any money due and awing us of are otherwise in detaull
when your disability claim is made or if 2 senior mortgage or lign holder
ie foreclosing.
it the insurance company pays fhe 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 thres 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 what 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
ic collect or foreclose or repossess any collateral you may have given.
If the insurance company accepts your claim bul requires thal vau
send in 2dditional forms (6 remain aligible for continued payments, you
should send in these completed additional forms no later than
required if you do not send in these forms on time, the insurance
company may slop paying, and we wil then be able io take achan to
collect or foreclose of repossess any collateral you may have given.
Sefier's Right to Cancel
a. Seller agrees lo deliver the vehicle to you on the dake this cantract is
signed by Seller and you You understand that it may take a few days
for Seller ta verify your credit and assign the contract. You agree that
if Seller's unable fo assign the ceriract 10 any one of ihe financial
instilutions with whom Seller raqularly does business under an
assignment accepiakle to Seller. Selier 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 dai this contract
is signed if Seller slects io cancel. Upon recelpt of such notice. vou
must immediately return the vehicle fo Seller in the same condition
as when sold, reasonable wear snd lear excepied. Seller must give
back to you all consideration received by Seller. including any tiade-
in vehicia
¢ Hyou donot immadiately return the vehicle, you shall be liable for all
eYpenses incuned by Seller in taking the vehicle from vau. including
reasonahls attorney's fees,
d. While the vehicle is in your possession, all terms of the contract,
including those relating 10 use of the vehicle and insurance for the
vehicls, shall be in full force and you shall assume al risk of loss oc
damage to the vehicle. You must pay all reasonable casts for repair
of any damage to the vehicle unt! the vehicle is returned to Seller,
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
. EITHERYOU ORWE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT GR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON
ANY CLASS CLAIMYOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
=
ARBITRATIONS.
3. DISCOVERY AND RIGHTS TQ APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT
YOU AND WE WOULD HAVE IR COURT MAY NOT BE AVAILABLE (MN ARBITRATION,
Any claim or dispuie, whether in contract. tort, stafute ar athanvise (including the inferpretation and scope of this Arbitration Provisicn, snd t
CESSOMS OF Assigns, 7,
purchase or condition of shis vehicle, this contract or any resulting fransecticr or ralglionsing (inching any such relationship with {hird parties who oo
not sign this contract ena, at your or our lection, be resolved by netifral, binding arbitration and rot by # court action, If indsral law provides Mat s claim
ar cisputs i not subject to binding arbitration. this Arbitration Provision shall rot apply to such claim or dispute. Any claim of dispute 18 4
Aprasshy w Jive ary a ye ray nave §
LO lar, Me
an gr station srganiza i) a
of the clam or dispute). between you and us Or our employees, agents. sus
ssi sed pot as g olsss avon
1, Fidget ne
y gel a eooy of ho ukes
fy 3 sing arbitrator [Me an ing hid
ie arbitrability
which arises cut of of relates to your credit applicatist:
Le ariatad zacton Yoyasy
lian ta conduct
sifing is web sie,
a arbilinie a glass
areal. or any other orga
fing the orenizatisn of v
i
WARD AG FN FEAL PN LU CA PSOE oe LH ALY Ry, CWE) 1 BJU CSR LUE (NW PUM LAL Ol GEG) Lary DEE OLUATZETIN 1G CONGUCT
the arbitration sutject ta our approval. You may get a cany of the rites of zn arbitration organization by contacting the organization or visiting 1s website
Arbitrators shall be atterneys or retited judges and shall be selected pursuant to the applicable rules. Thi arbitrator shall apply governing substantive lav,
ard the applicable statute of limitations The arbitration agen shall be conducted i the federal district in which you reside unless tie Seler-Credilor is
& party 0 ihe claim or disput, in which cass the hearing wilf be held in the federal district where this contract was executed. We wilt pay your filing.
administration, service or tase management tee and your arbitrator ar nsaring fee all ug fo a maximum of $5000, unless the law or the rules of the chosen
arbitration organization require us lo pay more. The amount we pay may bs reimbursed in whoie or in part by decision of the arbitrator i the adaitrator
finds that any of your claims is frivoleus under applicable law, Each party shall be responsible for its own aitorney, expert and other fees, Unless 2wardead
by the arbitrator under applicable faw. If the chosen arbitration organization's rules confiict with this Arbitration Provision, tien ihe provisions of this
Arbitration Provision shall control. Any arbitration under this Arbitration Provision shail be governed by the Federal Arbitration Act (3 UST § 16t seq.)
and rot by any state taw concerning arbitratizn. Ary award by the acbiteetor shall be in wnting znd will be tinal and binding on all parties. subiest to any
iimitad right lo appeal under the Federal Arbitration Act
You and we retain the right to seek remedies in small cl&ims cour fof disputes or claims within hat cautl's jurisdiction unless such zations iransferred,
removed Gr appealed © a different court. Nelther ved nol we waive ihe fight [0 arbitrate Dy using sefi-heip remedies such as repossession, or by filing
an action to recover ihe vehicle, ta recover a deficiency hatance, or for individual injunclive relief Any court having Jurisdiction may enter judument on lhe
arbitrators award, This Arbitration Provision shall survive any termination. payott or transfer of this contract, If any part of this Arbitration Provision other
than waivers of class action righls. is deemed of igund io be voeniorceable for any reason, the reminder shall remain enforceable, if a waiver of class
action rights is deemed or found to ba unenforceable for any reason In 2 casa in which class action allegations have heen made. tha rantaindar of his
Arbitration Provision shat! be unenforceable,
NCTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT 1S SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER GF GOODS OR SERVICES OBTAINED PURSUANT HERETG O08
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NGT EXCEED> AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE appliss only to goods or services obtained 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 the Buyer (debtor) may have
against the Seller, or against the manufaciurer of the vehicle or equipment obtained under this contract.
Seller assigns ifs inferesi in his contract lo (Rssignae) al fadd ess
under the terms of Seller's agieement(s) wilh Assignee.
7 Assigned with recourse I Assigned! withoul recourse TJ Assigned willy ime recourse
ar
Sellar Oy Title
Form No. §53-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 or logical 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 of facts,
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 to limit the liability, the reason for this agreement, Every car has been inspected to
meet regulatory standards and our goal is 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 agreement is 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,
= ans 9129] ze15
Buyer Date
Co-Buyer Date
ADDENDUM TO RETAIL INSTALLMENT SALES CONTACT
ARBITRATION VENUE
Hyvuda VeéloaTri 2012 kmUtcoh DL VIBE sud
VEHICLE MAKE MODEL YEAR VIN
DEALERS STOCK NUMBER
CLpuDip 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: 9| 21 15 7E fe x
BUYER
DATE: =
CO-BUYER
So agreed.
DATE:
SELLER
EXHIBIT “3”
Law Offices of Kevin Faulk
® 530 Lawrence Expy... #361 @ Sunnyvale. CA 94085
© 408.599.3277 @ kfaulk'@igmail.com
December 7. 2017
Via Certified Mail, Return Receipt Requested
SC Motors. Ine.
609 W. Orangethorpe Ave.
Plscentia, CA 92870
Re: Claudia Herms-Verdeja
202 Hyundai Veloster
[ov Whom It May Concern:
Please be advised that this law office represents Ms. Herms-Verdeja regarding the
purchase described above. Please be lurther 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 demand letter is an effort 1o resolve this matter prior to the initiation ol’
frization Pursuant to the Consumer Legal Remedies Act. this demand letter serves as
noted wo 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
vai. At the ime of the sale of the vehicle. you either 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
OL pass & smog test
Summary of Applicable Law
California Vehicle Code § 24007(b)(2) requires that a vehicle be smogged prior 10
sale. Without a smog certificate, a vehicle cannot be registered in the name of a new
OWner,
Prirsuant to Calitornia™s Consumer egal Remedies Act. the above acts and
omissions violate California Civil Code § 1770):
(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 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.
Statutory Demand Pursuant to California Civil Code § 1782
Pursuant 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.
PlaintifT may have the right to obtain costs and attorney fees 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
dumages and applicable jury instructions.
Waiver of Rights to a Jury Trial
Any signed waiver as to rights regarding the litigation of this 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 my clients 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 of receipt of this letter to make
arrangements lor rectification with this office. After that time. we will be entitled to file
an action against vou to pursue damages. The CLLRA requires that attorney fees. costs.
and expenses are paid by vou it we are successful, Thank vou for your time and attention.
I look forward to hearing from vou.
—
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Kevin Faulk Sa
Sincerely. +
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JS SF
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EXHIBIT “4”
17702 mitchell North
irvine, California 92614 .
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NEVIS Telephone: (949) 756-9050
Facsimile: (949) 756-3040
January 3, 2017
Mr, Kevin Faulk, Esq. VIA U.S, 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 ol representing 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
KMHTC6ADRCU037248 (“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 of your 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 of your 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 rweniv-nine months alter 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 tor SC Motors to 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. We trust 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 of the 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
mstallment 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.
We trust this will resolve the issue. 1f you have any questions, or would like to
discuss this matter further, please [eel free to contact us,
Sincerely,
~~
Pa FP
James S. Sifers, Esq.
MADISON LAW, APC
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 Motar 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
removad 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
L 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 | Referec
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 Y¥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 fest,
Back to Too Conditions of Use Accessibility Privacy Policy Job Opportunities
Contact Us
©)
Copyright © 2013 State of California
ADDENDUM TO RETAIL INSTALLMENT SALES CONTACT
ARBITRATION VENUE
Hyvrda. VeéjobTri 29012 kmHtcoahA DIL VISE 21d
VEHICLE MAKE MODEL YEAR VIN
DEALERS STOCK NUMBER
CLAUDIA HERHS
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: lz (5 Le ke,
5
BUYER
DATE:
CO-BUYER
So agreed.
DATE: :
SELLER
EXHIBIT “5”
a
of me Demand for Arbitration Form
Instructions for Submittal of Arbitration to JAMS
Plessa subinit this form fo your {AMY Reso 0 Lee the below wrems La 1-800-352-JAMS
wes ired, a JANE profesional wll or aa asl nar ihes (0 oaemtiene se gtd Lad aT Gz www, jamsadr com
the srbigbanier process including the cpio roe Ch Lieatar wie sched ing a
Pyiad 0) RY Qube
il youu wish 10 proceed win 2n arbiurzl.on by executing and serving a Demand for Arbitration on the appropriate
nasty. please submit the [allowing ilems 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)
Po the exit fpecc dre any court sacs or stipulations reievant to this erbitration demand, e.q. an order com-
pele ariniration, please also include two copes
D. Administrative Fees
s For twee parte nares, the Filing Fors $1,500 matters muGiueny three ul mole parties, the filing fee is
$2,500 The erie iting Tee mus, wo sul Hire expedite the commencement of the proceedings. Thercufter
U4 Luse Mauger Pee af 127 gh! OF usz=a02d aguifted wi Frofesgionul Tees, including time spent for
beatings, pre- an post turin, foal ard vesturen aid award ereparaticn. JAMS also charges a $1,500
iim ee fur counterclaims Foi martes muoluing consumers. the consumer 1s only required to pay $250. See
DMALG Palo 3 Leatumer Aroittuliaas Piosuant to Pre Dispute Cluuses. Tor matiers based on a clause or
dyeernent that i required as u condition of pmplovnient, the empioyee Is only required to pay $400. See JAMS
Policy ok Cinoloymeat Arbitrationg, Minus. Standards of Fairness,
oA grfupra af $600 will he issued i the matier is withdrawn within Jive days of filing. After [ive days, (he [ilin ) } 3 J ys of ing ) ]
fen is noaprefurdable
Once completed, please submit to your local JAMS Resolution Center.
Restluiton Center locations coil be found oil tie JAMS website at. hitp. www jamsadrconylocations/.
Pape tof 2 taemang (me Ane cz {ian Farn,
o fu: “
Instructions for Submittal of Arbitration to JAMS
{PARTY ON WHOM DEMAND FOR ARBITRATION IS MADE)
Demand for Arbitration Form (continued)
Adil maze respondents on page 6.
wi SCMotors, Inc.
Hiei 609 W. Orangethorpe Ave. i —
RiTY Placentia wwe CA Ur 99870
PHONE FAX EMAIL .
RESPONDENT'S REPRESENTATIVE [R ATTORNEY (IF NCW:
REPRESENTAIEAITORNEY James Sifers
COMPANY Madison Law, _ Sy ww
MORES 17702 Mitchell North
on livin awe CA gee
ail dein wo MT, bh Sei]
Ad more claimants on page 7
we Claudia Herms-Verdeja
ADDRESS
CITY STATE er -.
PHONE FAX ENAIL
CLAIMANT § REPRESENTATIVE OR ATTORNEY (IF KNOWN)
SEPANG “Hewitt Faulk:
Ww Low OffcesofKevinFauhk
A00RESS 530 Lawrence Expy., #361 |
ery Sunnyvale sie CA iC
a 408-590-0277 4088004048 daul@omaicom
Page 2 of 7 sand fe aot lem
%. Demand for Arbitration Form (continued) Oo LIJIAMSE
Instructions for Submittal of Arbitration to JAMS
ml mediating in anvanes ol the arburavon is desirec, please check bere and 3 JAMS Case Mzoagen will assist (he
parties in oc ording a medialior,
CLAIMANT HEREBY DEMANDS THAT You suaMn THE FaLLOWING DISPUTE To FINAL AND BINDING ARBITRATION,
A MORE DETAILED STATEMENT OF CLAIMS MAY BE AYYACHED IF NEEDED.
On September 27, 2015, Ms. Verdeja purchased the vehicle described above from respon-
dent. At the time of the sale of the vehicle, respondent either had altered it so that it could not
pass an emissions test, 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 of goods 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 th conTraversy (us oottars: $14,800 -
Page 3 noi /
Demand for Arbitration Form (continued)
Instructions for Submittal of Arbitration to JAMS
NIAMS ©
I's Cemend 1s made pLrsuant to tae arbitration agreement which the 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.
the respondent may file a response and count) claim (0 thn above-stated claim according to the applicable
arhirziion roles Send the original response and counter-clgim to the claimant at the address stated above with
two copies to JAMS.
REGUESTED LUCATION Orange County
(IF COMPREIENSIVE RULES APPLY)
Camprehensive Rule 16.1
By checsing the box to the iefi, Claimant requests thal the Lxpedited Procedures described in JAMS Compre-
J aensive Rules 1&, and 15.2 be applied ui this mat’sr Respondent shall indicate not laler than seven (7) days
rom the date this Demand is served whether agrees to the Lypeditec Procedures, |
SIGNATURE 7 AF he aE A
NAME ;
(erivveen) KevinFaulk —
Yeraan 1 far cote dios doom Page 4 of /
wnle Demand for Arbitration FOrm (continued)
bY
Instructions for Submittal of Arbitration to JAMS
Completion of this section is required for all consumer or employment 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), as defined below, end the JAMS Consumer and Employment Minimum Standards of Procedural Fair-
ness:
bd YES. 1sise OMEUMER ARRITRATION
[J NQ, =hits is not a CONSUMER ARTITRAT UN
Lorsumer arbitration” means an erajiration conducted under & pre-dispute arkiiration provision contained in a contract that
meats the criteria listed in paragraphs (1) throvegh (3) below "Consumer artrat'on” excludes arbitration proceedirgs conduct.
ansing aut st suklic or srivale sactor leborrelatizns Isws, regulations. charter provisions, ordinances, statutes, or
agresmeis
cmtrach ic with 3 cor zurier par'y és cefinen in thews stavgarcy,
. tl wss dracted by © 00 benait cf the non-cersumey 2arty, ard
4 The consumer pariy Was reqa’ved (© accent The arorration provisicn th the conoract,
LLorsumer pany is a party to an arbivrattor agreement who, ir tre context of that arbitration sgreement, is any of the (cllow-
ng:
aromdwigual who seels or acquires, inc uding by lease, any goods of ssvvices primarily far personal, family, or
housencle prreoses irciuding but rot imited to financial services, insurance, and other goods and services as
cef'nec im section “70) of the Civit Joce,
=r inuvigeal wae s 2a enrollee, a subscrioz), or insured in a nealth-care service plan within the meaning of sec-
Cor L848 of the Hosts arc Safety Code or nealth care insurance pan within the meaning of section 106 of the
Irsu ance Code,
3 Ar ingimgral wrth a medical malpractice © aim taat is subj2ct to the arbitrezion agreement; or
w Ar emplovee or an applicant for employment in a dispute avising out of or re/ating to the err pioyee's employment
or the applicants prospective employment that 13 subject to the arbitration agreement
aad zion JAMS 1s guizad by its Consumer Mirimrum Standards and Employment Minimum S:andards when determining
wrth Er ¢ METIeY 1s a eansumar mater
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 arbitration -ompoaes ore fequered to sellaet and pudlich certain wformasion at least quarterly, and make it available
tn the subir ws © ceeateescarchanle forms Ln cmmloyment cases, this includes the amount of the employee's annual wage.
The emolaver's name will nol spprar in the da'nbage, but “he emzleyer's nama wiil be published, Please check the applicable
Fox biclew
[] Less than $100,000 [7] $100,000 to $250,000 [J 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 & waiver of the arbitration fees, In Those caser, the respondent
1009 sf the t2es Zopevimers ‘past submit a dec.aration ander oath staling the consumer's monrhly incorne and the mast pan 070-
numne: ni persons INNe Ih Las or her househals Please contact [AMS ef 1-800-252-5267 for further information, Note: this
rejutr=ment 15 no* apmlicahle in all crates
Page haf 7 Yoon | faders ole oy
of unste Demand for Arbitration Form (continued)
Instructions for Submittal of Arbitration to JAMS
(PARTY ON WHOM DEMAND FOR ARBITRATION iS MADE)
RESPONDENT
HAME
ADDRESS
city
PHONE FAX
RESPONDENT'S REPRESENTATIVE OR ATTORNEY (IF KNOWN)
REPRESENTATIVE/ATTORNEY
FIRM
COMPARY = ) =
ADDRESS
cIry
PHONE FAX
(PARTY ON WHCM DEMAND FOR ARBITRATION IS MADE)
RESPONDENT
NAME
ADCRESS
CITY
FrOkE Falk
RESPONDENT'S REPRESENTATIVE OR ATTORNEY ({F KKOWH)
REPRESENTATIVE/ATTURNEY
FIRM/
CENMPANY
ADURESS
cry
PHONE FAX
STATE 1p
ENAIL
STATE IP
EMAIL
STATE 2p
EMAIL
STATE ZIP
EMAIL
Pe pae [oe Ahi blend da, ly
you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California law does require 8 | BOTH SIDES OF THIS CONTRACT. INCLUDING THE
seller lo offer a two-day contract cancellation option on used vehicles with a purchase price of less than forty thousand dollars ($40,000), subject jen ATION PROVISION ON THE REVERSE SIDE, BEFORE
{0 certain stalulory conditions, This contact cancellation option requirement does not apply lo the sale of a recreational vehicle, a motorcycle, SIGNING BELOW. YOU CONFIRM THAT YOU RECENED A
|
'
Le — — dtl
ofan off-highway m motor vehicl, op idenlfication unger Caifornia law. See tne vehicle contract cancellation option agreement for delails. COMPLETELY FILLED-N COPY WHEN YOU SIGNED,
J | 2 & i
Buyer Signature X . «... 30 =4Vv S_ ’. Date. 09127720145 Co-Buyer Signature X .. oe... Date.
Ca-Buyers and Other Owners — A co-buyet is a peesan who is responsible for paying the enlire debt. An olher owner 1s 8 person whose name is on the title to the vehicle but
does mf Pave to pay the debt. The other owner agrees to he security interest in the vihicle given to us in this contract.
Other Owner Signature X a Andress... - eis = LAA A A he Se RSS
"GUARANTY: 1 Induce us 10 sei 1s chile 10 Buyer, each person wha Signs as a Guataniar individually guarantees tie payment ol this conlract. I! Buyer fails 16 pay any money owing
¢ 00 Is cuntract, each Sugar must pay il when asked Each Guitanior will bi iable lor ihe lofa! amount Gwing even il other persons also sign as Guarantor, and even if Buyer has @
rurplete defense © Guarantor 2 demand lor rambursement Each Guaranior agrees to be lable even d we do ure or mars of he lolliwing, (1) give the Buyer mere lime 10 pay one or more
payments; 12) give a Lill & parhiai release ny alter Guaranlir (37 release any security. (4) accept loss rom the Bayer than the folai ainoun owing; or (5) othensise r a eottiement
relaing 'o this tunitact or exiend the contrac) Each Guarantor acknewladges recent ul 3 completed copy of this contrac! and guaranty al the lime of sigring.
Guarani wevsis nedice 6 @ opine of sas Guasanly, note of the, Buven's non-payment. noe pér'drrignze 50d tafault ano eolices 3f the amunt owing of any time and of any demands upon the Buyer
Guaramot » oo Date 8972742045 Guazntos X On Fah em baht: Et erie 35,2 OB DEIR 04S Adihoss t Address : ot ad salle anima mre ao ee oP Sells Ss gon urRe Dat: QQE7R84S Bx Bonz” Ema” ars zen; Tile BN (s.
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farare unere thea oo nint os ang Lanes dhe PTL TPR14 1
af icy Fs RE "i bh FONE GW,
VIA REARTIES, SELLER PISCLAINS
Bf yast (9 oy gat a eritien wanan'y, aad JB Selly does got
Si 6G Peis contract ith 20 kyl from the date of
tris contract, the Zafer mozles no wciventins, exarase ar
impiled. on ihe vehicle, and fiero will be nc Implied
ve eration of poroh-takility oi Of fitngne fr 3 particular
bu, pete
Tia pemvision oes nol sliced anv van aifas cavaring the vehicle
ip = 0
lf ;
Frist)
AACN. $n
ae Fond
cL
east
a wine
nt aie uti’ cman elres Fin ¢ piece IF tha Seller has sald
Yio. Acprgeeiwnhols, eo a hy ¥ roe neianiiiiy & ros
—— Srecrape mim
ed (proseadt) om Urs vives. a
—— Sd
Yond all maka Rese the tite Slows our wry fl.
et mt i mt,
Used Ca. Juyers Guide Tho inferination you sae on the
windew jorm for this vehicle is part of this contract.
Information on the window farm overddes ony contrary
provisions in the contract of sele.
S5anish Transiation: Quit pats compradores de vehiculas
geados. La informocidn gue ve en ef formuicrio de ‘2
vintariila para este vehicyle form~ parte del presente
connie, La infornacian del forrrulario de it ventanilla deja
sin ofecia toda disposicidn on contraria cantznida en of
contrain de venir,
Servicing and Calizction Contacts,
ou ayres Bal vie may (ry to contact you in wating, by e-mail, of
dag preranaccedfartiic'D) voise niessages. nat messes, and
nites fe lemons diving system, ae tho "sere allows, You also
dE EE 0 gy Bry de Seat yous in these znd other ways al
aly leon on slaphins aumbe” you provide us. even if Bhs
feelegiioe 7 ois] is A nal phe MIRE ¢ Or thé: untae! teqults in
ae 413 10 yi
Cr A Lr 4 —— | ———— i —— —— 1815211 Bd 1555 te Bn § 8
Applicstzin Law
Fadaral vy nd Cuiforma Inv spply to this semtrae, i any pari of
thie contract 1s not valid, @lf Other parts slay valid. ‘We may delay
cr refrain {iam enfarcing any of clr rights andor this contract
withow loging them, For examgta. we may extend Ing ima ior
making come raymenis shthoot cAending the time tar making
others
HF i — yh 7 i ry ma sh a
Warrentios of Buyer. fou proses you have grass frog and Lorreot
Sure in your aplication for credit, and goa have an
knows edas hat wi make thal pformanon untree in the future, VWs
nav: reliad on the truth and accuracy of (hat information in
soteving nla i sonfracl Upen raquose you wll prov de us vil
rlotirwenis and other wlamation cecussary lo verity any idem
contanad (your credit AppRchtiag.
rr — i Ln it ——— 21a 00 Sn pi 5 6 Rl
WE “HOR ot fd
se! wine 4 furmch Pour
bs ‘Co Voss pen
cinebae hg 0 RAS
sap T
-~-
COS ae
ans Ing RD wmSuanaeGT
he Ste! Br pve nly
vers werd
Lh Ff LT RNs
Nl bet oe peda wi Fal Nese 3 V
ERSTE, WIRE SN 0
ARAL el et. RONG TIEN NE fm refig od of
Tata dnl ALT peril MRE \ A
LEAR NAY sc Ay 2a 4rd flee fee s liree Hidy at
ee!
ou
Pp “A 5 ug sap ese
A Cader BANA ARE Crags d v Bh fan SRONISE
Reig Il Spt wy Ee ps
“ym BE 3 ge wor Drives bmp pin bees of £ Ja FL FAT FER, Ro ¥
Em WOT Gr at A Rd RR MENGE rit hi
) Fanchaan Ben hy
3k rina ET
foge fo OF burp ait
WE Pog ity EES
br Eu ge hi le amy
oP pe 3
gta cual
oyu fey alt
0% bite 3
PT CH EET Maul A The ait sit dey
elma = an I eee dis gr tml n,
PAC
preyed agent the ay i
ALTE Shee, 3 cto por Rng 0
HSE NRRL
3 DFC Sian
7] ick, 29 br fo
Frans ats wa, a "“" =
THLE YO
“ARBITRATION © ROVISON
| PLELSE BEVIZV - BAPORTA IF - AFFECTS YOUR
LEGAL RIGHTS
BE PCF LR ZLSE TN AVE AY DEY TE BETY/LEN OS
ST ————— a ——
CEENT DISABILITY INSURANCE NOTICE
CLAIR PROCEDURE
Ibymo bagrne dis abled, von must tel us ght away (You are @Gvited
ri = “thes ivenad en to thie sang eddrecs Wo which you are novmntly
Tonics to pone nur Ti ~win~nts eniess a different addeoss or le.
” PERE fin ved Tuya wets ty an 25 Vw icniben whee 3
IHRE 3 dis. 13 He will ted ru vdioig 30 ant ain Reng You
Wiss $303 1 liv coved form ag 0 ARIES LD nr a0 8 Nn
! EE AE 3 EGG YY yo a
ET RL TANCE covers lu” your miss on puynsnsy), YE
THEY TO COLLECT WHAT ed SE IR FORECLOGE
VOR REMOSSESS AMY NOP LATERAL UNTIL TMAE:S
MOAN MONTHS AFTER your first ted aoymant is due or
Bia a LR Loney pays of gels fad clnim, whieh cx
Lge, dr Ts anliee], ist flO, OF (0D 0, 4
PO tg us fe lhl vis det
BBCI MSNA LA 0 a DONET
APT
wie al TO
raed ier Ale mg |
dobE phe ATE Tey
when gio disshdity oleim © rae gs ort
1 eenlon ng
itn YER SE VCGURNIELS SY ths slim withis the Wiese nadones
tends cm must aceont iB mandy Ss 4 ough your paid on lime ths
ABLES Ag: ies iV rGjRchs the thrice yithin the thins colendsr mors
Or Es is or “aa AE Whe three celondar months of § pariinl
A alr and pays 1285 than tor a total oisabiity, you vill have 35 ¢rye
Lam a thie, i ie wnt fhe rejostion ov the deceptuncs of the paral
disability claim 5 sent to pay nast due payments. or the difference
betas the pag: dus payments and what he msurencs sompeny
rays fog Tho paca disability, plus late charges, You ce it contict us, ga
we cil pos hoy much you ove. After that lime, ye oan take acti
ie coltset oe fornziove or legossess aay collateral you may have Sic, 2
i ie mayrance sompadty accepts your clam but roquires thal vou
send vl additionat forms to remo eligible for continued paymants you
staid cond gi these completed additional forms nd) later than
router owas ong! sid in hoor kieng on Sine, ha insurance
CeYALy we DAG, and we if apt = ablz {0 l&he achat)
cutee! 90 fon plo ie or reponse Es any Sra YSU may hove given,
Selier's Right to Cantal
Sita ae In dei unt the venir \ you un the gale his conta!
SEN ri chat and poi You urierniand that my fakes Toy digs
far Cefn Sessnty youl credit and asTi0R Wir cond fot, Yeu Sew up
| #5 Gap = ueohla Hd n.ostun the enntract to any sre of ha fing
! ates with whan Salter iF at) does bugingns Var an
| a3 £0) autapiehin wr Seis, Soller my cance! tis contact,
i Seller shall gre you wolten notice (or in any otha manner in which
actual netee is given 1 yeig within 10 days of the oad this contrast
15 signed F Esliar elects i canes l Upon réoc’of of fush nulian, you
ern iene ialely retien the ohie!s io S706 in tho sams sondiio
ar witer sold (eastan's mane a ene excented Selor mist give
1.0" 16 pe ait conwichratios wheres bo Seto, cotudierg any trade -
chine
i Lar bende. ey rete gc eben slit be bala foe gl
i deer TEA nema iy Salles we Bie esi hua yer SSEng
= itoney' fess.
dort Lobia T5on your pos sir, al lsrms cf the conse,
reeling 10 urn 8° dha velidle and maaan or the
te . farce: cad pon shi at ore all me of loge oy
drmagys hem wnhigie, You poat ry All ot faesnnie Costs ir rage
Gs a web eas panne le Setar
—
—
—
—
—
em fy hy wm mn Fm § wm $4 pe wm ol
CIDER LY /H3BTRATION ASI NOTING ora GF: BY JURY TUAL
PTA DISPUTE IS ARBYTRAYED, YOU WILL GIVE UF YOUR RIG fe PRETICIPATE £5 A CLASS REPRESENTATIVE OR CLASS imEMBER Of
| TV CLAS BLAIS YO0 BY HAVE £3 RET UD INCLUDING ANY
ARE NATIONS,
4 TENGVERY AND RIGHTS T0574
430) £10 WE OKT 5 V:aVE ©
'- ig < a
joes sme
Lam mete mae
phe TR
Le PY "
FEEAL IN ABBITOATION ATE GENERALLY MORE JAE 1
MT ROURT HAY ROT BF AVE AFLE M ARBITRATICH
A ca, Ts afin . ie )
CHT TO CLASS ARSITRATION OR ANY CONSOL IDA FOF INLVIENA
THAR IN A LAWSUIT, AND OVBER BIGNTS THAT
vias Prayigic natn fo dein iy
" [ne Tvadit hel liz gin,
2A par bar ho fu
beer pon fans Bs at alain:
- ime eg oh
be
fn a ERY 3% TT
af seeding is
fy your filing,
sa the cha fin
na at aibitre tor if the hifi fur
i VRB ries ur 83 avoid y
i = of Wis
? sie tori A pet re at ue ’ §1 a, ELD
foal, £4
nid
ks © Sr Ry prt
hi Ey ati
siya,
hear
EWR Ih aT CHER Genk sa beeing on sl need gs Nand say
sania ne
Ce - ar -~ TY “ 1s overt PATEL ANG ET Sul Yan in pant *
“phi i
Nx Femi ars byt 2
aig yori pr BIGCTLo Gr fh
1H a past of? Paton Pec, aon othze
hoff esin an®eanalts Ua eave of lass
“am Puen snide Ye con adc of Wis
vd Le SNE EG VARS HED Pu ol ) neg RY AES ty ; 2 AER,
ENCE 0 ALSQOWYE Br
A ~ 3 +
o8Y
ESL oe Re Fae
HE pac :
NEOELTON ERE GR
Tha Lr find! no MOF 1
Bayer if
Ai Tied Mrs
Ny
HES tia Ht er ¢! ! nricaanily y leo oreeal emily or Benisehold wee ln all oliver cases.
at emi oy chime oy dalineer ss Buyer Ddebios) may hss
Bhi 0. inne ort clat-ied under Sis aonitpeet.
ir htm sen Some 8 epi BARE Bs gh A rn i 15 my 0 ir he SS isd
Beira drt ones FU S Lon {AL ignse] al fade. +)
) und rhe tires of Seller's agremantis] vith Atinee.
ant pe do PA UU Astigned wel fmdsd tesninse
By Tz TN eT
Figen; Mo, 553-CA-ARE 743
RETAIL INSTALLMENT SALE CONTRACT ~ SIMPLE FINANCE CHARGE
(WITH ARBITRATION PROVISION)
—. R.O.8 Number __. 0638032 Conlracl Number wit bE
Buyer Name and Address
Including County and Zip Code
CLAUDIA {ERNE -VERDETA
21 RIDGECREST
ALISO VIEJO CA 92656
ORASEE (949) 874-2910
Co-Buyer
(Including County and Zip Code)
Name and Address
037248
Stock Number
Seller-Creditor (Name and Address)
§C MDTORS
609 W ORANGETHORPE AVE
PLACENTIA CE. 92870
(714) 524-8400
Yeu, Ihe Buyer (and Co-Buyer, il 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
agizements on {he ron and hack of this contract. You agree 16 pay the Seller - Creditor (sometimes “we” or “us” in this contract) Ihe Arnount Financed and Finance
Charge in U S. funds according 1a the paymen scheduic below, We will figure your finance charge an a daily basis. The Truth-In-Lending Disclosures balow are part of this contract
New Make
Usad Yeur and Made) Odometer Vehicle Identification Number | Primary Use For Which Purchased
| Personal, family of household unless
HYUNDAI | a icky il a Me below,
USED! 2p12 | VELOSTER 29295 KMHTC6ADECU037248 |." business or commercial
od |
‘ FEDERAL TRUTH-IN-LENDING DISCLOSURES (STATEMENT OF INSURANCE
ANNUAL. FINANCE Amount | Totalof | Total Sale ea eet a ena TE
PERCENTAGE CHARGE Financed Payments Price insurance through & particular insurance company, agent of RATE The doltar The amountol | The amountyou | The folal cos! ol broker. You ase not (oquired Io buy any other insurance lo
The cost of amount the credit provided | will have paid after | your purchase on obtain credit. Your decision 10 buy or aot buy other insurance
your credit as credit will to you or | you have made all credit, including will not be a factor in the credit approval process.
a yearly ratp cost you on youl behalf VA oe { yout owe.
schedule peymant.o Vehicle Insurance
1000.60 , Term Premium
0.000 og 0.00¢) |g 13800.00 |g 13800.00(c)|g 14800.00()( | 5 N/R Cong Fie & Tre tos § M/A
ps (6) means an estimate 5. W/Apey Coision Ws 5 N/A
YOUR PAYMENT SCHEDULE WILLBE: = | Body injury LIA ie es § N/A
Number of Payments Amount of Paymenls: ou When Payments Arc Due: Property Damage $ ..... ZR mils os § BZA.
Orie Paymen! of | H/A Medical. B/A yess M/A
Lo | LP mrt BA eb iris Mes 5_ N/A
One Payment of B/A Total Vishicle Inswance Premiums s W/&y)
= UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR
Bie Fovment o! | PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, PAYMENT
Ine 0.00 FOR SUCH COVERAGE IS NOT PROVIDED BY THES AGREEMENT.
i ed | You may buy Ihe physical damage insurance this contrac! requires
| Monihly beginning sea back} from 2 u chacse wh is acceptable 10 us. You
1 13800 .00 10/27/15 are not required ay othgr jasurance 10 oblain ¢redil,
| Buyer X_ ~ CMAS ¥inmciasid
rR . | Co-Buyer X_. copay A Coe ET
One finat peymeut 0.00 { Seller X_.... Monee” seta
“Late Charge. 1 gay ment is mu rename in bd winie 10 2gs oer ds due Paw pey Bde ding of Sa: ol pan gl ne peyient 2) Is fat
9 y DL Thy OF Chirged & mrintum fincacs obs Ceo. eas pay oft al je wet €
Security Interest. Yo, sre gn & 5.7
Additional Information: Sie tat cue
Ete 17 rie berg meres
“bofor mak inisematean we
repayment fet elas he SCRE da rinmam Lear ta crorges ang Seoul ie
ARG ICANN ADC SRPEmENL at dny (Gquited
roy JTEMIZATION OF THE AMOUNT FINANCED (Selfer may keep part of the amounts paid lo others.) 1. Total Cash Price
A. Cush Price of Motor Vehicle sod Agcessoncs 5.13279.40
+ Cash Proce Venice $13279.40
2 Cash Price Arsessories 5 .... BIA
3. Other iNorfax ate]
Dasoribe S _. H/A
Dasere? 3 ___B{A
B Document Processing Charge (not a goverrmenial fee) $s... _725.00w®
C. Emissions Testing Charge (nol a govacnmental lee) s__..50.00/c
0. (Optional Thaft Delersnt Device (to whom vaicy, SAFE GUARD $e. BLAD)
E. Optional) Thelt Datenent Decree (lo whom paid) _NA S.. .. .BNZAE
Fo Dpaorai Theft Deteren: Device (16 whom paid) $. oo... IAF;
5. {Cptanan Surdace Protec! ta Proud ito wom paial S$ _. B/A®G)
Ho aDuocant Surge Protons Frosus go ynom a2it: 8. .H/AH
FY Orgs Sal un wher eid; § B/AW
; s 1072.35.
=
Sas Tae jor anak mew Athough bi
1, Elerrzords Venale Regalralion oi Transfer Charge
If any insuiance § Ehocked below: poicies Of Cor liczles fiom Me
reamed insu:ance C:mpames wilt describe ihe ferme and condiions.
Application for Optional Credit Insurance
"Credit Lifer + ¢ Buyer 1: Co-Buyer 1.7 Bot
7 Cradil Disability (Buyer Only)
Term Exp. Premium
Greil Life fos ___. 5... _. H/A
Credil Disability . Ros. 5... WA
Total Credit insurance Premiums § ZA)
insurance Company Name... o.oo
CR Es oD AEE rk Re
Home Office Actress ...... BJA
REI Ah pS SE A Non
Credit file insurance and credit disability insurance are not
requiced to obiain credit, Your decision to buy er nol buy credil
lite and credit disability insurance will nol ba 2 factor in the
cred approval process. They will not bi provided uniess you
sign and agree to pay lhe exirs cost. Credil life insurance is
based on your origingl payment schedule. Thi insurance may
nat pay 2 you Ce on this contract if you make late payments,
Credit disability insurance Goes not cover any ircrease in your
oaymeat of in the number of paymants. Coverage for credit fife
insuearge and credit disabity insurance ends cn the original
que date for the 'asi payment uniess a difterent lerm for the
"SURG: 's Shown above
You are applying lor the credit insurance marked
above. Your signature below means thal you agree
erat seni IE (amie (hives fv yw no EIECIONC YEIIIe HEYaLon Or |[@nsier Lharge Tides ws vig :
:
_B/AK thal: (1) You are not eligible for insurance if you have
ini a govaiamens] 162) 10 whom paid) LE || reached vour 65th birthday. (2) You are eligible for
L (Optianal; Service Contract 10 wom padi $... H/AL disability insurance only if you are working for wages
| M (Optional) Sesvice Cortaal {2 whom paid) a _H/AM ¥ ry Hl L pet or oye on pe
hi = (Opticnal Service Contract 1a whom paid g AN) ale. (9) nly rimary Buyer is eligible for re . Ri disability insurance. DISABILITY [NSURANGE MAY
ISRAIGONA Sency Sieaet a WHOM) SK NOT COVER CONDITIONS FOR WHICH YOU HAVE
P 1Optiondl) Service Conteict (lo wiom paid) $ wo BLAIR) SEEN A DOCTOR OR CHIROPRACTOR IN THE
Q Pro Credit of Lease Balance pais by Seller 16 | LAST 6 MONTHS {Refer to “Total Disabifities Not
H/a RT © g B/Ac i Covered" in your policy for details). !
. 5 Sh You want to buy redi} insurance. |
rece de nnpRynent ane WRaeEn calcul hon) ce 3
FB Ophonal) Gap Conlrect {io whon: pid] 5 .... BAR) 2712015 LL 2 Ras 54.
S (Optional Use Ve melt Contract Cancellauon Ophion Agracrard L. _EH/A8 Date BuysSignalure Age
YT Ome (fo whom pid) NOTES Xan sh eit
3 5 H/AM Date Co Buyer Signature Age
Total Cash Price (A though T) $ 14476.750) [OPTIONAL GAP CONTRACT A gap contrac (det canceltz-
: lig comeact) 1s nol required To cblam crcdl od wit pot be
2. Amounts Paid to Public Qtficials provided unloss you . belwvs ard Lytee poy The Cin
{A Vohitte Luerse Fees Estimate § 300.0aW charge [you choose to boy a gap cantract, the ch rge s shovn
8 intem 18 of the Hemization of Amount Financed, See your
3 Reg stain lansten Tako Fors s .. 15.00.) contract lor deltas bit he terms Sad condiiote provis N
C Calilorma Tire Foes $ N/AC | | apart of this contract.
| 0 Ohe Smog Abstement/Transfer Fee $ BZA Term ... BIA Mos. W/R
Total Official Fees {A through Oi § 315.00 , Name of Gap Contract
3. Amount Paid lo Insurance Companies I want to buy a gap gon iA )
(Total premiums liom Statement of surance column a +b) $ N/A) | Buyer Signs X . [... A «1 CS a
: i i Fee or I. issi i ; W| == E 4. Ip State Emissions Certification F e or [] State Emis ons Exemption Fee S$ 3 regs | [OPTIONAL SERVICE GONTRACT(S) You wan 16
5. Subtotal (1 Ihrough 4) § 14800. ) purchase the gris contract(s) wiinen = he foloerg
| 6. Tol Downpayment company(ies) for the lerm(s) shown below for the charges)
ha fem 1L1M. tN, 10. 4
A. Ayreso Trade-In Value (1 Make 5. B/AA | § CRG RIKI Tae 18
Modal Odom ._... . iL Company . Zr
VIN I Co Term —. RSA. Mos.or __ M/A... Mies
£ Less Prion Credit of Lease Balance fe) §. .._N/A®B) E | IA COMI cs mi hs pic con og ovis ine
CNet Trade-In (A loss B) findicaie if & negative number) $..... B/ZAC | Term MAK. Mos. or... BJA... Mies
D Deferrad Downpaymeni S$. ........NZAD) 1 ANCOMPRAVEL ism fetconinns
FE Manutaciuiers Rebale s. .. H/A®E | | orm JHA Mos.or HAA Miles
F Other 8 ova H/AF | 10 Company Fae I 5
G Corn $ .1000.D0G || Term. BJA. Mos.or.. _ BSR Miss
Total Downpayment (C *hicugh G) S LUDO 1P Company oe. + we. CHERRY.
7. Amount Financed (5 less 6)
HY RGAE onier Z80G On Fe € Lv) e107 TV AMIN Tg5S IAN 1915 25 & LASHRE Mumba on ne 10 alave; | Tern ca A_/ os. of BIA wis
s 13800.000) | pwerx [_{ SHEANS
BUYER Wi BE GECURED TO PLEDGE SECURMY Fon Te Loy wo | AUTO BROKER FEE DISCLOSURE aE rhiaill AS iat
HL BE OBLIGATED FOR THE ISTALLUEAT Pavans ox se Tis | If this contract reflects the retail sale of a | | Jf 0 relating 10 this contract Any change (o the
RETAIL INSTALLMENT SALE CONTRACT ANO THE LOAN. | new motor vehicle, the sale is not subject contract must be in wriling 2nd Dofh you and we
a i x/a to a fee received by an autobroker from us | nus sign in. No gf chgges are binding.
WEE ol Log Fodos unless the following box is checked: S12 UAS
Amatiot & B/AFnaner Charme § H/A ~ 3 Buyer Signs X _ | BEAMS Ey Sa
Total § B/A Fayabicin s/a. | [i Name of autobroker receiving fee, if |coBuyersgnsX © oo coin iil
' mswimenzolS .... BJA .§ . HEfa |iapplicable:
loin th:5 Loan 15 shown in ei 60 I ore 07 Mots ona Eiger pra SP gor}
CANCEL [| Buyer and Co-Buyer sign here. ihe provisions of the Sollor's Right 16 Gance! sczlioe on he back giving ihe Sefer The fight fo cancel if Sellar i= Unable 10 tation will 2pply
7 Ne. #
Co-Buyer
“SELLER'S RIGHT,
J assign hus contr 1om findneal
Buyer a
Agreement 1a te ng onlow. jou ages NET puisuanl t, INE AtLEion Proesion Gr the 1aueise $10 OF Ils COREG, you Of we my elect In resolve any dispute Dy neulra!,
not
nding Artalration ai y & codes dofion. Sei the Adpiration Brzvayian lor addtional ization sencarnmg tha agreement to arkitrate.
Le ANADS LL _ CoBuyer Signs X statin ted ee re ER Buyer Signs X |
| opmion: |. : You pay ne linance charge if the Amount Financed, item 7. 1s pad in full on or belore «eee YoRr SELLERS INTIALS .._.._ _.__,
NOT pnt CURRENT INSURANCE POLICY WiLL COVER YOUR NEWLY ACQUIRED VERICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YCUR INSURANCE AGENT.
WARKHG:
YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NCT 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 OYHERWISE SPECIFIED, THE COVERAGE YCU OBTAIN THROUCH THE DEALER PROTECTS ONLY THE DEALER. USUALLY UP TO THE AMOUNT OF
THE UNPAID BA E REMAINISG AFTER THE VEHICLE 4AS SEE! REPOSSESSED AND SOLD.
FOR ARVICE OM FULL COVERAGE THAT WILL PROTECT YOU IN TUE EVENT OF LOSS OR DAMAGE TO YOUR YETICLE, YOU SHOULD CONTACT YOUR JHSURANCE AGENT,
THE BUYER pik of NOWLEDGE THAT HE/SHE UNCERSTANOS THESE PUBLIC LIABILITY TERIIS AND CONDITIONS.
.
THE MIMGMUM PUBLIC LABILITY INSURAHCE LIMITS PROVICED IN LAW GUST BE MET 3Y EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR
HOT YOUR CURRENT INSURANCE POLICY Wii, COVER YOUR NEWLY ACOHRED VEHICLE INTHE EVENT CF AN ACCIDENT, YOU SHOUA.D CONTACT YOUR INSURANCE AGENT.
WARMING:
YOUR PRESENT POLICY MAY NOT COVER COLLISIGN DAMAGE OR WAY HOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU DO
POT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FGF COLLISION UAMAGE MAY BE AVAILABLE TO 101 THROUGH YOUR INSURANCE AGENT OR THROUGK THE SELLING
DEALER, HOWEVER, UNLESS GTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIR THROUSH THE DEALER PROTECTS ONLY THE DEALES, USUALLY UP TO THE AMOUNT OF
THE UNPAID BALXCE REMAINING AFTER THE VEHICLE HAS GEEN REPOSSESSED AND SOLD,
N THAT WILL PROTECT YOU 14 THE EVENT OF LOSS OR DARAGE TO YOUR VEHICLE, YOU SHOULD CONTAZT YOUR INSURALCE AGENT. FOR ADVICE/ Ll. GOVE 4
THE BUYERSBALY SIGN TO ACKHOWLEDGE THAT HE/SFE UNDERSTANDS THESE PUBLIC LIABILITY TERMS ANG COMNMUITIONS,
SER. : ANAS \ ¥ OE 5 aida . wie Iam
Trade-In Payot Agreement: Selizr relied oni ‘oration From you anc or fhe lienholtier of lessor of your tradedn vehiciz fo ane af fe payoll amount shows in ism 68 of the Hemization of Amount Fisances
ssa ‘Prior Credi of Lease Balznre.” You understand Ina the amaurt quoted is an esimaie
Seker agrees to pay he payoff amount shown in 68 tn the lienhorler or lessor of ine trade-in vehicle, of its designee. I fhe acti! payolf amGunt is more than Ihe amount shown in 6B. you must pay the Seller
the excess on demand IHhe i famaxyri is less (han the amoun shown in 68, Beller will refund 10 you gny overage Seller receives lram you prios llenholder or lessor, Exceplas stated inthe NOTICE"
on the ack of this contract. any/assififes of tig egftract will not be obligated bo pay the Prior Credit or Lease Balance shown in 68 ir any refued.
Buyet Signature X _ _,_ \ “nS eo . + --.. Co-Buyer Signature X _. ... . ATE a Ya
"Notice to buyer: (1 Do not 0 this agreement before you read ii or if i contains any blank spaces lo be filled in. (2) You are entitled to a completely filled
in copy of this agreement. (3) You can prepay the full amount due under this agreement at any lime. (4) If you default in the performance of your obfigations
under this agresment, the vehicle may be repossessed and you may be subject to suit and liability for the unpaid indebledness evidenced by this agreament,
It you have a complaint concerning this sale, you should try lo resolve it with the seller.
Complaints concerning unfair or deceptive peaciione or mefhods by the seller may be refarred to the cify atlorney, the district attorney, or an investigator for the Departmen
of Mofor Vehicles, or ow combinallon thereo
After Ihis contract is sig seller may nol change Ihe financing or paymen! terms unless you agree In writing to the change. You da not heve to agree lo eny change, ned. »
and it fs an unfair or deceptive bid for the seller lo make a unilateral changs.
Buyer Signature X toc > Lvs - «ww... Co-BuyerSignatureX . .__.. «9
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, YOU THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION
Calfriaan desl roviefor a “cafing or ole cancelation prio for veiclesles Trlr, you cannot cancel iscoirct | GE 70 100A LOU SIGNED THE CONTRACT WE
simply because you change your mind, decide (ne vehicle costs loo much, or wish you had acquired a diferent vehicle. After you sign below, | pepe YOU ACKNOWLEDGE THAT YOU HAVE READ
| you mey only cancel his contract wth the agreement of the seller of for legal cause, such as fraud, However, Californla low does require & | pam "gine ne THIS CONTRACT. MCLUDING THE
| seller to oifer a Wwo-day contract canceitation option on used vehicles with 2 purchase price of less than forty thousand dollars ($40,000), subject ARBITRATION PROVISION ON THE REVERSE SID BEFORE
to certain stalulory conditions. This contracl cancelfafion option requirement does not app'y fo the sale of a recreational vehicle, a motorcycle, SIGNING BELOW, YOU CONFIRM THAT YOU RECEIVED A
or an off-highway motor vehiclpupiect to identification under California law. See the vehicle conract cancellation option agreement for delail. | awn) ergy FILLED-IN COPY WHEN YOU SIGNED IT
iy / B
Buyer Signature X 18 "8 “fens * . Date -Q9RTRS Co-Buyer Signature X site 1 mies BEE: IPE
Co-Buyers and Other Gwiners — A Co-buyer 1s 3 person who i responsible [or paying the enlire debt. An ufhar owner i$ a person whose name is on the kitle lo the vehicle but
does nol brava 10 pay the 0sbt. Tne other owner agrees 16 he sacunly milerest in the vehicke gwen 10 us in This contact.
Addeess LoL... gs TARE CF Abe Ss Orier Owner Signawre X : Bra, Tob + boll ir, SR Eesti
| GUARANTY: To induce us lo sel! the vehicle lo Buyer, each person wha signs as a Guarantor individually quarantess the payment of “his convact. i Buyer fails fo pay any morey owing
1 on thug contac, each Gueranior must pay if when asked. Each Guarantor vill be liable for Ihe total amount owing even Il other persons alse sign as Guarantor, and éven if Buyer has a
| cumplele defense io Guarantors demand lor cesmbursement, Each Cuararior agiees 16 be liable aven if we do one ur mors of the following, [1) gue the Buyer more lime 10 gay one or more
payments; i give a lull of partial release 10 any other Guarantor (3) rolease any securly: (4) accept less rom the Buyer than the total amount owing; of (5) otherwise reach a satliement
relating in this compact or extend the contract. Each Guarantor ackrowledges receipt of a completed copy of this contract and guaranty al the time of signing.
Guzmnfor watses antee of rocentinee of thus Guaranty. notze of the Buyer € non-uzymenl, non oeormance and dofauli anc nates of he cracent aving at any time, ants of any demands upon: the Buyer
(Guarana A Ute 0972015 Gumranios X . Dax g8pTReees
| Addr es Andress
Sel -t Sune Dit QeR7ROIS TX Baur”. Fray. smeines THE BB (ee,
LAW FOAM NO. 553-CA-ARB ~u tviuv sxoain, ww Lag
Cri Rete and Way as Canna ns Ta Kuler lr
0 PRINTER MAE ES WO WARTIAM A E2FESS Of WARLLD AS TO ain na
Ith nsf BULL D0 Ye FTIR SOME! Tole IW LL L Cnt cy Th vs Puna 00 Yee yeas 1) O N LRG AL ORIGHYAL LIENHOLDER
= Ted AGE Fide & BEY
Shem WE ail i 7a Fla ¢ Ch. FE, Wa eid figure
ns 1 nen dmly bas el he Annus reed
F200 ee Ban Ses ed Fit wl the Armouat Fiver el 8;
wif poe of the Finsacs Chore
TT
Sal Mons TY
fob oy omg
Pent yy war to © i
sere al bie Erne dL gp ha maby of ovr prgmenrt.
An nina ate ol pone prec: i tha sinha fe fingres
shen grands Hand ed Fo
" y LV.
eA Genie OF,
rine
Dat) Avent ©
un TTHER PROMISES 0 us
3
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¥ Ge nahloie Todas rgd, caghraycd, of pissing, Vy
gun Egor aE ue Ye Deiiinet Tee g NE
dort is A dss EE TE TRE
' "GER TAB TOTSE
soAlE sant 6 thet br sires: a VY hat HRT
LE ERS
h $RAIT lay B% ;
2 “FAL RISLEY ATT desu nn BH
} CNTHALT #100 THAT YO Avi: ABLE FOI
{iE GAR ALOUNT. An uptionat gap soatract (debt
be
ar un!
cancsitshive nontiact) or coverags of the wip amoum
hy be offered fer sn additional charge.
Ling tine ls! oie. ‘ir age. a nat ik LEY }
Hop tha (9 0 Cora oo tuosall
Ly gears he VaR OP BRS
re aT ERIN Ne er af Ni ww AE
Ludi, wali YY
obits Lig LE
Yr gS It a
Sueur Interest,
Yon (iG US 2 seconty interest in
2p ob
ving wnhigll dred lt pats or goods msanilatne ed
Mines x Cars ice precast siber od LPs, 00h gd
Alri an toi
we haaRgs % you: fond
Alowprasds fine Cia
GEE Ce 0 ir fnoe foe you Th a eins ny
tate of ope or Sharpes fiom te euniiaci,
Thee sncures peymend of ali you orE on ine nomrask
It ls seizes your thar agreements in ius contract as the
Yay allovss You will maka sume the title shows Gur security
imi@:ast fiem in Me vehicle, You will nal aliow say othe
ia be phon on he Sitle witha) J) vo tton
LE, GIRO RNC PENIS
go od Fen tg
Mp gge
Jeepny rere!
per 3pm
APEC:
os FiAE t pad HE LOSS
hs SI o! Obs cont. ot Tha
in the we Bach, it pols 403
“edie vem In NE AE ny
qe mmy rahef ae inswanes ha
ALISO,
Lp my (SR RE ay SVE pebieelae =
4 or r— dma a + i A in | yn —— 1
rp —
Viz wilt cell the vehicle if you Co not get & back. If you do ned
patio, Lae WEL sel tha vahicle, We will send vou a written; notin
of «riz baions selling the whicle,
hel = mensy from (ha sain, leas alloyed cxpensss, to
1 plu Owe, AWG DYDNNASGE AL IBALTS WE fay OF
1 zeal nf ted nin the vildels, rating it pai png fon sale,
Henn Ala: ax orl 46.07 SOsts the Inve REIS aro
nan Teddi fangs oe adi nny
DAB 0 fady wi omens gis
fd y calty + 1% “ro nang 10 BY INL Gr an you owl,
Cimon woo lhe de nad pay his amen win
way Ghana ves Shores al tha Soon] Ferceatage
asm Bie, oo inis ee Cl oan in ercaod the highs
reset oeenatid By le mii ols
Har ve ter wl Shar ERA E0083, iin
BRST Of Fo CR Figs FALE Mie coms eens ts
fie Darn’ vr _ BAe sn svat A? IR * (antesoRey
§? ne -t re : voy i Ra RAR SI oF A ih TORO EGE 55
145) ROL edie qetae dren Wann dp vs thas sonra ts avd
"a Gere 15 5 us Lredirts of unntietag, of Liege tey re oiues
WA pai fr nC orannty bad eich: i the vehizie 02 a dotal aes
vacyize Lis confiscat Ad, damaged, or stolen, we may cian
bran
af
= unziyr thess contracts and cance thm GG shai rufunds
fed charges 19 reduce: erat you owe.
inn ane
WAANS NTIES SCLLESR DISCLAIMS
24 40 0% 0A VAILen Warr on the Sets: dees act
entor InfG 9 servlet sentract within £8 days Tow the dais of
his oonliact, the Holler mizies no winaantic a, enpress of
inntied, on he vehicie, and wre will be ric implied
eras fag of marnher tality or of fidaete tor 2 particular
purpose,
This provision doas not aflect any werraatics evering the vehicle
that di; vet! 3 i manudactucer noy orovids, i (he Seller has sold
1 os 1 LE yoni], We AREY 47 ME Imaiiiy i nxt
Use Ca Eu urers Guise Tz nronnation you sie on the
window: form for this vehicle is part of thiz contract.
Informatics on tha window farm oveerddes any contrary
provisions in the contrast of sale.
Spanish Translation: Guic pas compradares de vehicufns
veades. La Informosidn que ve en el formulavio de 'o
vemtardlla nara ests vehiculn fermn porte orl prasente
conirnta. La informacidn dol formu'aria de iF ventana defa
sin efecie toda disposicidn on contrario contznida en ef
contraln de venis,
&
Servicir.g and Collzction Cantects.
Vou ayres hal ve neay in to contact you irs wailing, by e-mail, of
Ushi foi racordedlaridiciat YGICE Messagas, foot messages, and
sunrise eles biong Aisling systems, 2s the avy allows. You alsu
aca thal we nay try 10 rosie You i ness and oiher ways wf
say aloass or leleptons Sumber you provide 43 gven if the
feline - number is a esl pheps number or ths contact easults in
a chara 0 van,
Appliceisin Lew
Fedoret me eyed Grist Me ppoiy Wa iis contrac. any pai ol
this contingt je not valid, &ll rdhizy parts stey valid We may dolay
or refram am enfc.omg any of aur nite under this contrac
vb Loging them. For exampin. we may extend the time for
slaRing cane saymanis thou waending the time Sr making
others
Werrentios of Buyer. You prany'se you have given true and corres
infurmitinn in your sophicatinn or credit, and you have no
kruen asin that will make that information untrue in the future. We
hays relicd on tha truth and aceuracy of that mivrmation
hy rd his confit, Dpde rogues youd wit provides us wim
TE and nie innrmshon pacassary ‘oc verily any iam
ceadit a ior,
1 rm bt {3 + Ain ri 3 Yo = ht Sp
Lane ot Catt — ln Crd Esler, 1835.71 and
Depurnent of Motor Veluuisg @ famnish your
HWE eh Rahn
aos Fi, ton
on ie Fagus wt
shapers oY
awodtah dome a ak
fer Feng oF tine smile or
wi Tae ares =n, ey =n
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Py HOE, 0 os {a & oh
rf did Sa ha
i fap yer As
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fe ans
STR LT RR
Sar yaa on ane dine
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seat hp at Tl BIEL, :
I or hi aa al
nM yi onthe ts
‘
‘ Tig ths ol Bea Ay pave © yb
Vr gre fue, jrocmnplete, or nacloading inicrmadion ao
oa Arai ag phinE son;
You start & proceeding in bankruptcy
aaninogt yout or your mopar:
Thi seturt 131008 dinngen or desta ~, ¢
vo Mes besak 2 oy © agreements «5 yn conirast
Ties atacunt feo wit swe vail Bs the uanaid pars of
ar ore (s siprted
Nevyaal Frpsiesr of piv 409 Coannael ang gai jag of tha
Cuaron Sean Ly laa Alea, ane acy anaes die
fad th gay ye 0 aalalin
You my have to cay collection erste, Yes will pay nur
Eze ve you owe. eluding shernoy
HOT SER CATES I a)
1 incon oy 1 oe
1 A a0 rat
fe FL SIEIDE ou TRE TLS TEah nO
df We may take tie fev ie fra Hod 4 Va GH al,
sd hp
wi ale laf ith Hd ud oe
> % wh nay Lr than
fr vos aed ying Copan ERs LRN of forse nag
nes we fay giens te of tien se Ay I NE
< sy Poy BED gst the oo dele bel iF wi 1 iohe fH we
: ref yi! leap a A ya fog rh
Jory om Laat sess
HLH A 10nE
senile ana Lay hale
9 apretitn WIR] otis
230 8k Tr Jat, ae tnd's wht Lec lee yee oF ries
WW fal wn whan ane Ries moon In pa
SOME BRET pcm he wives
sdyrgen Fie SONAR TI
Fean Lotus Ly yaw
TR AOL
de pie (4 ep ‘-
ARBIT RATION FROVISIT Cid
- LAF ORT ST BFFECTS GUD LEGAL RIGHTS
a= ; WAS SECIDED TC LABTTRATON a”s i
El Y0 wil L GIVE UB YOUR 8ICHT TO PARTICIFATS AS A CLASS REPRESENTATIVE OR
FEY CLF 27 2 ARTY BAY TLAVE AS AINET UR IROL URS ANY RIGHT TO CLARE AA ITRATIOE OF AMY CONROL IDATICH OF ENCHVIGUAL
JERSE BEHEY!
HTL SRE MAY
GF A DISPUTE IE ARIIRA
af ETAARTIONS
DeSCUTERY MND RIGHTS
YOY ERE ME NOME Or vi RY
IZ a YF BI2SL TE JR TVERT
oh PIEAL IN AREIRATION ARE GRIETAL
eh 205 OAT BIAS NTT BUT SEU RRR 1 ARBITR
ATION
CRAM DISABILITY INSURANCE NOTICE
CLARS PROCEDURE
neabded, pet must tell py Cight avwny (Yew 2s Savi ed
3 iG Ratan tthe eure: 2ddrors 10 whic | FOU DIE TTY
rol) scl 4 and yok auyrans, unless a diferent across ur taig-
} 240 i im vernng ty an 25 he fonatent her
ord
vongEny pau [Bo Stoic witm the thie cadenasr
SEE QECENE hE Mune; i Bs Usough Wig prac cay hin i ie
Fripajacts the clits within tha thse colengar monde
w 2) wi the this seo coipndar months on a partici
oY ; ingen ty, Fu will have 35 ¢ yy
i : ed 1: pay post dug DER. or the difference
helignn ine prec due payments /nd whal the insurance company
prays for tha eadtial disability, plus late charges. You of 1 contact us, ond
wie vai Cb ya how much you owe, After that time, we can take action
te culled! of farszloze of rectsse.ss aay collateral you ray have given,
If the asure nfs compe my accepts your chim hut requires tha! vas
sand i additional terms fe rerio Aligible for continued payments yes
should send in these compleind additivnal forms no later than
feguirny if vee do not gerd iy hos farms on rod, he insurance
comping may sion paying, and we will thas be able io take action to
cuitent or [recite 07 repncesss any sollatanal you may Rove Given,
f Schier's Right to Cancel
| agree lo dekve the veniz'a 0 you on fie dates iis sameaet
parevet ng fat i paay tak a fon dius
of to ir rity youl erndit anal asain hc conde), You aged he
; 30 the em siact 1G any ona af tha Ting jet
fh “wh um Hed oro yes ry docs § Lusiroes vader a
Shy £.x sar poe yi «Veo
“ x 7
k Soller 5 al mie je wi fen notice {or i any Stir fnanner in wi lich
artual netien ig given ta voi within 10 on: s of the dats hs corte
Ir 2ignoa if Zeller alanis 1G cena Wpen vansinf nl ayoh ation yan
mnst mEately rotund skint in S ster ur ihe sina sonditian
anv geld piagcaT nts war and tear exceeded, Selhr ruet ve
"te A al oonsitlamation raceiod by Sella inclisding soy tad,
To Heme tn at rane aiat Sie Chae TG EE al, you Sh a hat! foro
| send ent ty Sell et iaving a 2 el foe von hates i
: t ahoneys leps.
Bi Hicle is your poseosaiyn, ali Ems of the contriel,
eigling 16 U7 4° the mbtichy ard ingurenss on tho
i Betioren of po chad! sone sleek oss or
¢ Was, VE ues Fy al poesanghte goss Dae
of ny Ham “10 th vebigls aati hg welvigie 1s catnrned 10 Selle:
Boe tL A Ee we wm dna wm
2THN QQURT Git £7 JURY TRIAL,
CLASS mEMBEFR ON
LLY MORE LOW cD THAR 1M A LAWSUIT. AND OTHER RIGHTS THAY
this Ftarstiin Bro doa, «nl
Le, HOF 208 8s fe -
3 Lal LVI HG @
widen lie
oe oo spe
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Paifp E00 firs
Tai Fae
ede alle CSE BW Wages Ue Eee aetfas seins, Sasaidah Bg WG
L Tai: qabacd
on. tACT §
CURING GF Tan 5 TANCE
TT ANY GOVE) € ciel ly
a Lenses yr Salen. Crnrite ig
OF i aLiiGl as td wu tad. We wll gay year Timo,
Avan GE BLAND. Uiinea tho Ls or thi als of the chores
ATL 9 Gay eg 13 0 alread wn Soke £7 fa pon By docizion of the arbitestor ihe s shill
EAR Earn 7 “l FE ba tal Joanie by Ar aun Rvney, aap wind other {res unless dvardsd
ica with: {ras Arh Fn Franch, then ilo fs Rt of this
stafredion 20,0 7Q LAO § 1 8s)
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Fy TAS Resets!» -
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wal ors fx" #2 p30 thr A arene nl bes fo Sh ¢
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afae Fl CRRGE CUI alo Gr os Rn Pm nase Ir on nde oY dhe
nerd
Sore Ty re a R14 eds En aw en SOF 16 emt wands aiid] SES VAGH
TOWLE Ma MOLL : GOES Tu § 250 SEE (0 TAG ED PURSIIZNT HERZIT 6 3
: So CAVE ENO SERRE AT BAG RG EMOUNYY PLES BY PT eyes RAISE Ov THY es
fe ont STOR HEE pe
Flues orseasing MOTE § 4
Frugal vt #0500, 2500
aazingt the GUNe or
ET
SHlez fhe pnes eis ths 3
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-
Fem No. 553-CA-ARE 7 13
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& of Wis soar {acy oii of dang ss 0 Buys: doh) Say here
: whliinle ar geopment abt ped velar Vile coreroul
et « only 12 Goa
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I
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
At the time of service | 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
94085. On July 2, 2018 I served the following document(s) described as Demand for Arbitration
' Form on the interested parties in this action by placing [<] a true copy [] the original addressed as
follows:
James S. Sifers
' Madison Law
17702 Mitchell N
| Irvine, CA 92614
[] 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 of Court 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 of the transmission report, which was properly issued by the sending
fax machine, is attached to this proof of service.
BY MAIL:
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.
23 |
24
25
26
27
28
Executed on July 2, 2018, at Killeen, TX.
J
Kevin F Faulk a
EXHIBIT “6”
MA D I S O N Telephone: (949) 756-9050 17702 Mitchell North Poe ik
Facsimile: (949) 756-9060 Irvine, California 924614 LAW
July 18, 2018
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.: KMHTC6AD8CU037248
Dear Mr. Faulk,
We are in receipt of Claimant Clandia Herms-Verdeja’s (“Claimant™) demand for
arbitration of this 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 of both 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, JAMS is not a suitable forum for this dispute. Not only does
JAMS alter the cost splitting provisions stated in the RISC for these types of disputes, but
JAMS is 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 of two 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 of consumer
disputes. That cost makes it 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 of the AAA
Addendum. At AAA. a consumer arbitration is usually completed for anywhere between
$3,700.00-$4,500.00, with no arbitrator compensation being bome 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 of this, SC Motors will not be responding to Claimant’s
demand to arbitrate this dispute with JAMS as SC Motors has a good faith basis to reject
Claimant’s selection of JAMS 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. If you have any questions, or would like to
discuss this matter further, please feel free to contact us.
Sincerely,
Ps :
James S. Sifers, Esq.
MADISON LAW, APC
ADDENDUM TO RETAIL INSTALLMENT SALES CONTACT
ARBITRATION VENUE
Hyvunda: VélasTey 2912 kmHrcsoA DIL vang 2nd
VEHICLEMAKE MODEL YEAR VIN
DEALERS STOCK NUMBER
\ CLpuDIR HERMS
BUYER CO-BUYER
Buyer/Co-Buyer and Seller, as defined in the accompanying Retail Instaliment 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: “1 | Zs Uokeans. :
BUYER
PAE
CO-BUYER
So agreed,
DATE:
SELLER
RETAIL INSTALLMENT SALE CONTRACT —- SIMPLE FINANCE CHARGE
(WITH ARBITRATION PROVISION)
Dealer Number _saa3s ContractNumber ~~ R.O.S. Number 60638032 Stock Number _D37248
Buyer Nama and Ades Co ae and Makes Seller-Creditor (Name and Address)
Inciuding County and Zi Includ| nity and
Oe AUBLA KEES VERDEIA ema SC MoTORS
21 RIDGECREST 602 W CRAYCETHORPE AVE
ALISO VIEJO CA 92656 PLACENTIA CA. 92670
ORANGE -- . tse > = (714) 524-8400
You, the Buyer (and Co-Buyer, if may buy the vetice below for cash or on cred. By signing this contract, choose to buy the vehicle on credil under the
agreements on the frond end back op contract. You agree to pa Seller - Creditor (somefimas “we” or “us” In this contract) the Amount Financed and Finance
108 CLS: ncotei fhe pion Sched below We will fur youriarc arena dy ec The Tn In Lending Disclosures below are part of this conc.
New Make em ae I
Used Year and Model Odometer Vehicle identification Number Primary Use For Which Purchased
Personal, fal household uni HYUSDAY or LA La
USED| z012 | VELOSTER 29295 KMHTC6ADECUD37248 UJ business or commercial
— FEDERAL TRUTH-IN-LENDING DISCLOSURES STATEMENT OF INSURANCE
ANNUAL FINANCE Amount Total of Total Sale NOTICE. No person is required as a condition ol financing
PERCENTAGE | CHARGE Financed Payments Price BT ar a Aca wy
RATE The doilar Theamountal | The amountyou | The folal cast of ar re oe ied oy rghit do ard
The ho Amon yg re provided will ha paid oo iow! gre cobain credit, Your decision Ir ae rae
ur credit as w you or you have made
ar ole, cost you. on your behalf. payments as your own” WRnGthe & Sc 4 The Cru sppraned poms,
scheduled. ad Vehicle Insurance
2 is Term Premium
8.000 olg 0.00) | 5 13300.00 | g 13800.00() |g 14800.00(c)| |s _ ¥/Apuj comp FieaThett lis § N/R
(e) means an estimate s_ MJRpey Casio Mss N/R
YOUR PAYMENT SCHEOULEWILLBE: ~~ ol | Body 5 EBs wes § BAR
~ Numberof Payments: | Amount of Payments: | When Payments Are Due: | Property Damage § __ X/Rinits __ Mes § FA
One Payment of H/A Medal Z/B uss F/M
ae Fe ER OE EE
One Payment ol 5/A Tot Vehicle nsurenoe Premiums tL]
fe PIB ha TY Or FRET BAAR RACE AE
Cox fea ol 0.00 FOR SUCH COVERAGE To NCH PROVIDED BY Te AACE
— You may Me physical damage in insurance tis conc reaies
Monthly beginning (see back) who Is aceeplatle to us. You
1 13800.00 10/27/15 are cot requis Pa rence to cin cre.
Buyer X
an Ee X
One final payment 0.00 Seller X —a AT
Coe hare. ayrert of oie li 10 ds sr 15, owl pa le charge cl Pc Papo Pe apo Par i, | | on rcs 1 had blow poicas or cafes Fm We
Prepaymeal. i oft al your dett mey be charged a minmum finance charge.
Sear ere Vi bord sabucetw ars Teal voy paused, ak Los, ot pion Credit Insurance
Additional information: See this contract ate folio teckdng | forution toel egapnee, any Credit Lite: Buyer [J Co-Buyer [J Both
J SRPROUL I AR Wahi We ARC ARE Chl, ir Foal finance charges, ard security inter D1 Credit Disabilty (Buyer Only)
ITEMIZATION OF THE AMOLINT FINANCED {Seller may keep pari of the amounts paid! to others.) Tem Exp.
1. Total Cash Price CreditLie _ B/Mos___ ike
A. Cash Price of Mofor Vehicle and Accessories $. 1327940 Credit Disability _ B/Bos. 5 H/A
1. Cash Price Vehicle $13279.40 Total Credit Insurance Premivms §__NZA(D)
2. Cash Price Accessories s__ R/A Insurance Company Name
3. Other (Nonlaxabiz) VIR Tet wr
Describe _ 3 B/A Home Office Address B/A
Describe ._ 3 _H/A _ E/A
B. Document Processing Charge (not a governmental fee] s___175. 006. Credit fife Een credit coor Insuranca are nol
C. Emissions Testing Charge (not a governmental ot — s___ B0.0D© iife we od Seay fporb asain’; wil fl Fly fo
D. (Optional) Theft Ceterrent Device (to whom peid) $ H/A(D) cre Lana process. Thay wi not be provided unless you 10 pey the E. (Optional) Theft Deterrent Devica flowhompaic)_ WA §_ BZA) rs 5 patent cht Ths pavrcamey
£ nol ows on this confrad! i ke lale F.. (Optional Thef Detererd Davi (1 whom paid) 5 Jan Orme babi iu cao Some ft Cour SRE ao
G. (Optional) Suriece Protection Product #o whom paid) 5 _H/A@G) De ym Lions roivk e
4 > NSUANCS H. (Cgticnal) Surisce Protection Product (10 whem paid) $ H/A®H tie Gt tos rk pre cnt 5 AO oe eve
I. EV Charging Station [to whom paid) $ _B/AW insurance is shown above,
J. Sales Tax (on taxable items in A through I) $._1072.35( You are pyiying for ta credit tlaatos x marked
K. Electronic Vehicle Registration or Transfer Cha above. Your signature below means thal ee
tants PONT fin Hex aid re & RW/AIK) that: (1) You are nol eligible for Insurance {youve
“rfiy o ve oy - —_———
K Electronic Vehicle Registalos of Harsh Cha above, Your below means that
(rot a governmantat fee) (owhompad) _ ___ _______§____WJAK that; ERA gE es FS he
(Optional) Service Contract (fo whom paid)
. (Optional) Service Contract (lo whom paid) pes
: your 85th
$ x insurance only If you are working for w
s 1 the Efe
. (Optlanal) Service Contract (lo whom paid) $ WLAN
$
$
re sua cet on Fie ©
3) Only the Prima er is eligible for
Soa Lop DISAB i SURANCE MAY
NOT COVER CONDITIONS FOR WHICH YOU HAVE
SEEN A DOCTOR OR CHIROPRACTOR IN THE
LAST 6 MONTHS 424 ¥ i Disabilities Not
{Optiona!) Service Contract (lo whom paid)
(Optional) Service Conlract (to whom paid) .
. Prior Credit or Lease Balance paid by Seller fo D
O
B
Z
2
F
6 Comros in q : &) 5 _R/AQ) You want 16 buy
(ses downpayment and irade-in calculation) =
R. (Optional) Gap Contract fio whom paid) 5 __W/AR) 2015 5<
S. {Optional) Used Vehicis Contract Cancellation Option Agreement $s. _K/A®S Date Age
T. Other (to whom paid) 2015 x 2
For $ N/A Date Go-Buyer Signature Aga =
Total Cash Price (A through T) 5_14476.750) Sr. roy fps Fox contac {ih rue
2. Amounts Pald to Public Officials provided uriess you below and agree to pay he extra
A. Vezhick License Fees Estimate $_ 300.0004) Fhe uch oh up cor hed
B. RegstrationTransfer/Titing Fees §..— 15.006) contract for datalls on the flerms hd condiions f provides 1 &
C. Caliornia Tire Fees $___ _N/AOC a part of this conbact
0D Omer. Smog Abatement/Transfer Pee 5 H/AD Term B/A pos, N/A
Total Official Fees (A through D) $315.00 Name of Gap Contract
3, Amount Paid lo Insurance Companies I want to buy a gap - ;
(Total premiums from Statemenl of Insurante column 2 + b} s_____ H/Ag Buyer Signs X x MS,
4, |g State Emissions Certification Fee or [J State Emissions Exemption Fee 5. 8B 254
Ee si 4 $_32800_fipei| | Crmous, SECS CONTRACIE) tor win
6. Tota Bmvepoymen Sop! for 4 Ol A. Agreed Trade-In Value Ye Make $ B/AW i =n
Mods! Odom 1L Company
VIN Term M/A Mos.or _ H/A. Kies
B. Less Prior Credit or Lease Balanca (g) s— BJAG 1M Company
C. Net Trade-In (A less B) (Indicate il a negative number) §s__ HJAQ Term MAA Mos. or BIA Miles
D. Delerred Downpayment 5 HW/AD) 1N Company
E. Manulacturer's Rebate s____ H/A® Term M/A Mos.or MUA Mies
F. Other $ B/AR 10 Company
G. Cash §_1000_00(G) ee or MSA Miss
Total Downpayment (C through G) 5 1000.00)
(Il ne garive, enter 2810 oi line 6 57d enjer he sMolin| less then zero as a positive nurber on bne 10 above] Eads
7. Amount Financed {5 less 8) $._13R00.000) yy * A os PA NE Rs aE
SELLER ASSISTED LOAN AUTO BROKER FEE DISCLOSURE HOW THIS CONTRACT CAN BE CHANGED. This
WIL BF ORUGHTED Fo THE MSTALLLENT SAUEMTS on bor Te | | If this: contract reflects the retail sale of a rat ay EA you
RETAL NSTALLUENT SALE CONTRACT AND THE LOAN. new motor vehicle, the sale is Not SUJET | | Zora: moat be ih tin wr change Lc the
g and both you and we
to a lee received by an autobroker from us | | must sign i, No ges are binding.
Proceeds of oan From: EJB || unless the following box is checked: 7 - UAS
Amount § ____ BEJAFinance Charge $ HE /A Buyer Signs X
Total § _M/A Paden ma ||[] Name of autobroker receiving fee, if | | co Buyer Signs i
instalmentsof § _ y/a 5 ws ||2pplicable:
from this Loan is shown in hi 6D.
SELLER'S RIG! Buyer and Co-Buyer sign here, the provisions ol the Seller's Right lo Cancel section on the back giving the Seller the right to cancel il Seiler is unable (0
a; this fo fier will rs,
, X
— ah - Co-Buyer
Agreement to A signing below, DUP. pursuant to the Aratiration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by neutral,
binding arbilration anf nat@y a four 3d es Provision for additional information concerning the agreement to arbilrate.
Buyer Signs X AN Co-Buyer Signs X
| opTioN: OI You pay no finance charge il the Amount Financed, item 7, is paidinfullonorbelore Year SELIERSINMALS |
THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE a oR
17 Fong IKSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FCR 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 OF
THE UNPAID £ REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLU.
FOR ADVKE, LL. COVE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACT YOUR INSURANCE AGENT,
THE BUYER SIGNTO 4C NOWLEDGETHAT HE/SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS,
SSX - 1 = AA