OppositionOppositionCal. Super. - 5th Dist.April 13, 2020MEDEROS, SOARES I x ~~ o n Un 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N. CHERRY ST. P.0. BOX 29 TULARE, CA 93275 (559) 686-3861 ELECTRONICALLY FILED 7/15/2020 3:04 PM BRANDON M. ORMONDE--272069 Kern Court nama: Court MEDEROS, SOARES, ORMONDE & RASCON : ; Attorneys at Law By Maribel Villalon, Deputy 791 North Cherry Avenue Post Office Box 29 Tulare, California 93275 (559) 686-3861 (559) 686-1514 (facsimile) Attorneys for Defendant, ALTAONE FINANCIAL SERVICES, LLC SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF KERN, LIMITED JURISDICTION -000- ORLANDO GONZALEZ AND HUGO Case No.: BCL-20-012393 ENRIQUE SANCHEZ, DEFENDANT, ALTAONE FINANCIAL Plaintiffs, SERVICES, LLC, OPPOSITION TO MOTION TO COMPEL ARBITRATION vs. Hearing date: 7/29/2020 ALTAONE FINANCIAL SERVICES, LLC; THE OHIO CASUALTY INSURANCE COMPANY, and DOES 1 through 40, inclusive, ) ) ) ) ) ) FIRST CHOICE AUTO SALES; ) ) ) ) Defendants. ) ) Defendant, ALTAONE FINANCIAL SERVICES, LLC, (hereinafter “ALTAONE FINANCIAL”) hereby opposes Plaintiffs’, ORLANDO GONZALEZ and HUGO ENRIQUE SANCHEZ, (hereinafter “Plaintiffs”) Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs filed June 10, 2020. The third party litigation exception (Civil Code of Procedure section 1281.2(c)) undisputedly applies to this case. Plaintiffs’ claims against all Defendants concern facts surrounding the sale of a vehicle from Co-Defendant, FIRST ~- 1 - Opposition to Motion to Compel Arbitration MEDEROS, SOARES Ug bs Ww No Qo J » 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7 28 ORMONDE & RASCON ATTORNEYS AT Law 791 N. CHERRY 5T. P. 0. BOX 29 TULARE, CA 93275 {559) 686-3861 CHOICE AUTO SALES (hereinafter “First Choice”) to Plaintiffs on or about March 25, 2017. The Retail Installment Sales Contract (hereinafter “RISC”) for the purchase of the vehicle from First Choice, contains a mandatory arbitration provision. A copy of the Retail Installment Sales Contract is attached hereto as Exhibit “A” After entering into the RISC with First Choice, Plaintiffs went to ALTACNE FEDERAL CREDIT UNION in order to obtain financing to pay off the RISC. Plaintiffs then executed an easy credit application and separate Loan Agreement and Consumer Credit Disclosure Statement (hereinafter “AltaCne Agreement’) with ALTAONE FEDERAL CREDIT UNION in order to pay off the RISC. The AltaOne Agreement was entered into between Plaintiffs and ALTAONE FEDERAL CREDIT UNION on or about April 11, 2017. The AltaOne Agreement does not contain a mandatory arbitration provision. The AltaOne Agreement is attached heretc as Exhibit “B”. Plaintiffs allege that the RISC was assigned from Firce Choice to ALTAONE. ALTAONE FINANCIAL is a separate entity then ALTAONE FEDERAL CREDIT UNION and has been dissolved since 2008. (Request for Judicial Notice Exhibit “17). At this point in time, in response to Defendant ALTAONE FINANCIAL’S meet and confer regarding demurrer, Plaintiffs stated they are going to file a first amended complaint to, amongst other things,7 correct the name of the parties, and granted an extension to July 30, 2020, for the responsive papers to be filed by ALTAONE FINANCIAL. ALTAONE FINANCIAL is not a party to any of the contracts alleged herein. - 2 - Opposition to Motion to Compel Arbitration MEDEROS, SOARES S W ON ~~ oO Ur 10 11 12 43 14 15 16 17 18 19 20 £1 22 23 24 25 26 27 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N. CHERRY ST. P.O. BOX 29 TULARE, CA 93275 (559) 686-3861 On the last page of the RISC, there is a section that is executed by the seller of the vehicle (in this case First Choice) if the RISC is assigned to a lender. The assignment of the RISC is not executed and in this instance Plaintiffs entered into what is commonly referred to as the “direct loan” with ALTAONE FEDERAL CREDIT UNION. The direct loan contains different provisions and payment terms than the RISC. The complaint filed by Plaintiffs arises out of alleged actions by First Choice at the time the sale occurred. Nothing within the complaint was due to any actions by ALTAONE FEDERAL CREDIT UNION. Although Plaintiffs do indeed identify an arbitration agreement in the RISC, Code of Civil Procedure section 1281.2 (c) expressly authorizes the denial of arbitration where, as here, (1) third parties are joined in an action with the party seeking to compel arbitration, (2) the claims against them arise out of the same set of events, and (3) there is a possibility of conflicting rulings on a common issue of law or fact. This present case is literally an archetype of precisely the situation to which section 1281.2(c) applies. The potential for conflicting (and unjust) inconsistent rulings is manifest. ARGUMENT 1. The third party litigation exception (section 1281.2(c)) applies to this dispute. Each of the three conditions set forth in article 1281.2 (c) indisputedly applies here. Ele ALTAONE is a third party in the pending court action. The RISC requires arbitration between Plaintiffs and First Choice. ALTACONE FEDERAL CREDIT UNION is not a party to - 3 - Opposition to Motion to Compel Arbitration MEDERQS, SOARES WW ~~ O s WwW N N ho ] 10 11 12 13 14 15 16 17 18 19 20 “Al 22 52 24 25 26 27 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N. CHERRY ST. P. O, BOX 29 TULARE, CA 93275 (559) 686-3861 the RISC and the RISC was not assigned to ALTAONE FEDERAL CREDIT UNION. ALTAONE FEDERAL CREDIT UNION has a separate agreement with Plaintiffs that does not require arbitration. For purposes of section 1281.2(c), “A third party is one who is neither bound by nor entitled to enforce the arbitration agreement.” (Daniels vs. Sunrise Senior Living, Inc., (2013) 212 Cal.App. 4th 674, 679.) Because neither ALTAONE FINANCIAL nor ALTAONE FEDERAL CREDIT UNION signed the RISC, and the RISC was not assigned to them, they are neither bound nor have any contractual entitlement to enforce the arbitration agreement. There is no other basis on which to find the arbitration agreement applies to ALTAONE FINANCIAL or ALTAONE FEDERAL CREDIT UNION for claims asserted against them. To be sure, there are circumstances where non- signatories to an arbitration agreement may be compelled to arbitrate under it, “as one authority has stated, there are six theories by which a non-signatory may be bound to arbitrate; (a) incorporation by reference; (b) assumption; (c) agency (d) veil piercing or alter-ego; (e) estoppel; and (f) third party beneficiary (citations)” (SUH vs. Superior Court, (2010) 181 Cal.App. 4th 1504, 1513.) None of those theories apply here. The only theory alleged by Plaintiffs is assumption, however, they have failed to provide any evidence whatsoever that the RISC was assigned to ALTAONE FINANCIAL or ALTAONE FEDERAL CREDIT UNION. To the contrary, the only evidence provided is that a direct loan was entered into between Plaintiffs and ALTAONE FEDERAL - 4 - Opposition te Motion to Compel Arbitration MEDEROS, SOARES @w ~~ o y G o s W N = oO Ww 11 12 $0 14 15 16 17 18 19 20 21 22 23 2.4 28 26 27 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N. CHERRY ST. P.O. BOX 25 TULARE, CA 93275 (559) 686-3861 CREDIT UNION. Additionally, at the time ALTAONE FEDERAL CREDIT UNION files their responsive pleading to the Complaint, they will also be filing a cross-complaint against First Choice. There will be a court case involving these parties who will not be compelled to arbitrate as there is no arbitration agreement between ALATONE FEDERAL CREDIT UNION and First Choice. That is a material section of 1281.2 (c) as a central feature of its invocation in the present case. b. A third party action arises out of the same transaction as the action against First Choice. The next question is whether the claims against ALTAONE FINANCIAL arise out of the same transaction or series of transactions as the claims against First Choice. They undeniably do. ALTAONE FINANCIAL is included as a party to this action pursuant to the FTC holder (16 CFR Part 433) rule. The Holder Rule which requires that in certain consumer sales transaction the holder of any contract wherein the funds are used for the purchase of certain consumer goods be subject to all claims and defenses which the consumer could assert against the seller of goods for services. Recovery thereunder shall not exceed amounts paid by the consumer under the contract. In the complaint, ALTAONE FINANCIAL is solely named based on the alleged actions of First Choice arising out of the sale of the vehicle from First Choice to Plaintiffs. Indeed, it is the exact same issues that are being litigated against First Choice as ALTAONE FINANCIAL and therefore arises out of the same - 5 - Opposition to Motion to Compel Arbitration MEDEROS, SOARES = Ww ND «© J o n OU 10 Ll 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N, CHERRY ST. P. 0. BOX 29 TULARE, CA 93275 {559) 686-3861 transaction. Gs A possibility of conflicting rulings when common issues of law and facts exist. This leaves only the final step of section 1281.2 (c) analysis: Whether sending some claims to arbitration may raise a possibility of conflicting rulings on common issues of law and fact. Here, it is certain that could happen. There would be two separate triers of fact, one being the arbitrator and one being this court. It is conceivable that the court and the arbitrator could result in two separate findings based on the facts presented by First Choice in the arbitration and the facts presented by ALTAONE FINANCIAL in the court action. If this matter was forced to be arbitrated, it is conceivable that the arbitrator could find against First Choice while later this court might find in favor of ALTAONE FINANCIAL; or vice versa. A judge and/or jury would not be bound by, indeed will not even have evidence introduced regarding, that prior finding in arbitration. That these two adjudications may come to different conclusions based on the very same set of factual and legal questions is the exact circumstances warranting trial of all claims in a single action. “The issue to be addressed under section 1281.2 (c), is not whether inconsistent rulings are inevitable, but whether they are possible if arbitration is ordered.” (Lindemann vs. Hume, (2012) 204 Cal.App.4th 556, 567.) “A party relying on section 1281.2(c) to oppose a motion to compel arbitration does not bear an evidentiary burden to establish a likelihood of - 6 - Opposition to Motion to Compel Arbitration MEDERQS, SOARES x J o n u h Ww N R = o w 11 12 43 14 15 16 17 18 19 20 2. 4e 23 24 25 26 27 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N. CHERRY ST. P. 0. BOX 29 TULARE, CA 93275 (559) 686-3861 success or make any other showing regarding the viability of the claims and the issues that create the possibility of conflicting rulings [citation].” (Los Angeles Unified School District vs. Safety National Casualty Corp., (2017) 13 Cal.App.5th 471, 484.) “An evidentiary burden is unworkable under section 1281.2 (c) because the question presented is whether a “possibility” of conflicting rulings exist and a motion to compel arbitration is typically brought before the parties have conducted discovery.” (ibid). “Instead, the trial court may rely on the allegations in the relevant pleadings to decide whether a possibility of inconsistent rulings would exist.” (Abaya vs. Spanish Ranch I, LP, (2010) 189 Cal.App.4th 1490, 1498-99.) Each of the claims alleged by Plaintiffs will require determination of a number of common, and important, factual legal issues, including (1) is there indeed an existing or unrepaired frame or body damage on the vehicle; (2) did First Choice accurately disclose that the vehicle had been in a previous accident; (3) did Plaintiffs have an opportunity to inspect the vehicle themselves; (4) did First Choice make any negligent representations or were the representations made reasonably relied upon; (5) was the contract negotiated in Spanish or English; (6) did Plaint iEEs have an English speaker present at the time the contract was negotiated, amongst other things. The Plaintiff will also require the determination of common legal questions based on the answers to these factual issues, including the legal affect, if any, of First Choice’s allegedly improper disclosures. All of these issues will have to be resolved in any litigation or arbitration with respect to - 7 = Opposition to Motion to Compel Arbitration MEDEROS, SOARES a w N e a On 1.0 11 12 13 14 15 16 17 18 19 20 21 a4 23 24 25 26 ad 28 ORMONDE & RASCON ATTORNEYS AT LAW 791 N. CHERRY ST. P. 0, BOX 28 TULARE, CA 93275 (559) 686-3861 each of said claims against each defendant, thereby presenting the possibility of conflicting rulings. In short, pursuant to the express terms or provisions of section 1281.2(c), arbitration is not required, and the court may properly refuse to compel arbitration given the possibility of inconsistent factual and legal findings and the multiple adjudications. This court may instead permissibly and properly order these matters efficiently and consistently adjudicated in a single proceeding in the one place that has the power to bind all parties of the dispute; the court. CONCLUSION Based on the reasoning and facts identified above, it is clear that the court should exercise its power in ordering that the only equitable solution is to have the case tried as one action and to do so in court. As such, the court should refuse to enforce the arbitration agreement against First Choice and ALTAONE FINANCIAL, and order intervention and joinder of all parties in a single action, this court action. As such, it is respectfully requested that this court deny Plaintiffs’ Motion to Compel Arbitration, Petition to Pick Arbitration Forum, and Request for Stay, and Request for Costs. Dated: July NS) , 2020 Respectfully submitted, MEDEROS SOARES ORMONDE & RASCON ay Fel a BRANDON M. ORMONDE Attorneys for Defendant ALTAONE FINANCIAL SERVICES, LLC Gi1\Credit Unlons\Altaone\Gonzalez,3anchez\Demurrer\Objection to Arbitration.dotz - 8 - Opposition to Motion to Compel Arbitration EXHIBIT “A” fldavy Syiy ded Ae ARES FTO Sees Sa? at ac T® Yaw at Ni ~~ att [So Sar Set Anatt ar’ ob Nd Py 6/16-1 © RETAIL INSTALLMENT SALE CONTRACT ~ SIMPLE FINANCE CHARGE (WITH ‘ARBITRATION PROVISION) Dealer Number . Beel1v . COMYaot NUMBT emporio, OLB Numer szs7 8129318 Stock Number £937 8 [i “Ad Pddreea. Go-Buyer Name and Address Sollor-Craditor (Name and Address) Hyer Hats So Zp GC cB) 31- ~3903 dncichg County and Zip Cod NL 57- hae FIRST CHOICE AUTO SALES HUBD ENRIBYE BONZALEZ SANCHEZ | ORLANDD GONZALEZ 12824 5. UNION AVE. £25499 JUDITH ST 25499 JUDITH 8§T BAKERSFIELD CA 93307 ARVIN CA KERN 93203 ARVIN CA KERN 93203 (B61) B34~1pA8 You, the:Buyor fend GlosBuyer, if E00, may. by the vehicle balow for cash or on arsit. By § signing his sone You: Shaose 10 buy the vehicle on credit under the at dreemonts on the font and back of this corirack You agrés fo pay the Saller - Craditor orate we or ua” In this codiraot) he Amount F inanced and Finance Charge In 1.8: funds: ‘agcording toh payin a6 schedule below We w fi ute: Your sivas a gdinly basls. The Truthdn-Lending bad Ipsos below fire part of this. contin, New Make Bold As Equipped Used § Year i andModel | Odometer ) Vehicle Identification Number Primary Use For Which Purchased i". or hapa i . BI USED | 2615 cowar 20261 261FBIE3RFI159297 | Jousiness or commercial FEDER CTR LC A CENDIN Osu - 1 Tan STATERENT oF WSURANGE - A RNUAL FINANCE |. Amount Total of Tos Sale We ind oP) lin po : PERCENTAGE | CHARGE Financed Payments fice 1 Insurance through ® alla ance sampon agent’ RATE “The dollar The amount of The amount you | The total cost of 1 4. haar you ang Dy ai toy any other a Hoo The cost of amount the credit provided | will have paid after | your purchase on obtain Groth , Your AT) igs UY oler ihsurance your otadit as credif will io you or {| you have made all | "credit, including lll iokbe s:tactor in the oreti ahpioval progess, { & yearly rate. cost you. on your behalf. payments as Your down scheduled. ‘payment of Vehicle Insurance 2000.08 jo Fisk 5:59 ots 3186.58 © 1g. B1838, 18/6) $ 29025. 76 (0) 5 B7885. 7h sy] |. Wh _ Bed Comp, Fie & Thal Wiis. 0 rR 6) means an estimate] | & Det Cal, Why Sm YOUR PAYMENT SCHEDULEWILL BE: Co Co oly VA yg Wy (WA Number of Payments: | Amountol Paynmnter When Payments Are Duo; Picparty Deve. WA Limits Why sR Gr Payment of | EN | ete NOR Wigs WB va | wa B Yel - rg ae One Payment of i op Sa oo oo Tod vee nrc Premiums sR . - £ : A: CHAR Ne AGREEMENT FOR. ; : : TE ART A 8 ib : One Payment of N/A N/R OT PAQYI RIS AGREEMENY © : ms ere - ns - - = T TT cnt rots : { Monthly beginning | (sse back org 0 5: Acieniabla to us. You : 71 347.58 fpr 25 2017 ot ini ap ole a s ch bial credit, : N/A N/A N/R A ; One final payment ~~ ) 347.58 Mar 25 2023 7 : : Tats Charge. [panes not recelved In tol win 10 days after itis duo, you wl pay a late roe of 5% of the par of the payment that ls tafe. | OPTION ai capo AGREEMENT, A debt Sm ho uo uy berets mipimua finants cig wk 1 § cancal on gpeaiert 5 not rail gam and wif hy Inbatest. You sacunly Iniaregt Howls bik fase, ] Dat he paid unless yourgign: below and:apen to pay the DaditgngHotormation: Sa oa or fore RAG ato abo rtp defaut, any required ropeymert nu before aroha you oiouse to buy deb! pance lialion, the charge. the scheduled date, mitimum finance charges, and scury Intarest, Ja shown Ih fer 1K of the ltemizgtion of Acunt Financed, Si poe AT mpm------ |Your debt canceliion a rertient for-det gare Yeung‘ and [TEMIZATION OF THE AMOUNT FINANCED (Sellor may keep part of he amounts ae to others.) j | conditions Loyayices. It} ne giisg NCE 1. Total Cash Prics 50989. 00 1 m [68, A. Cash Price. of Motor Vehicle and Accessories seed" bl Gclon gt 1. Cash Prida Vehicle §.29999.50 : { want to buy a debt oafitalation sor - 2. Cash Price Accessories $n NIA : 3, er (orteate) N/6 : NIA | T orrionai Se - You want | Describe .. | 7h imi + apr Soar {iro service ho tot ie ths following Desorlbe : fii . $ . a en fe term(s) shown below for the B, Document Processing Charge (not a govemmental foe) g_ 93:90 5. 0 {B) | oharge(e; ehown ; C. Emisslons Tasting Charge (not a governmental fee) i NR 10) 3 qn Carta N/R WH i D. (Options) Theft Deterrent Device(s) 0/0 | Term oi. MOB, OF LI Miles 1. (pald to) . i $ (D1) | 12 Comps WA 2. (pald to); i Str iniimmniniais N/A _ (pe) Term /A Mos, or N/A Miles 5. (paid 10). Sa csi $5 N/R (pg) 13 Compr, pp | E. {Petore) Suriace Protection an Froley © Tarm iH Mos, or NA Mies (DEO) sisi isin: a - «8 N/A EN 14 Company N7A 1. Cush Prot Velde : TT £, Cash Price Atessorles . Fo 3. Other (Nontaxable) N/A N/B DOSCHD arse : i. $ _- Describe wc nN H - ns § LIL B. Document Processing Charge (not a governmental fee) $ 93,08 ©. Emisslons Testing Charge {not a governmental fea) $ N/A D. (Optional) Theft Deterrent Devios(s) N/R 1, {pald to)... ve - _ 5 D1) 2. {paid to) es 8 N/E po) 3. (paid to) .... so 8 N/A (D3) E. (Optional) Surface Protection Product(s) 1. (veld to 5. N/R (er) 2. (PRI 10) sium gpa .$ N/R (2) F. EV Charging Station (paid to} Ss : 3 N/A F) @. Sales Tax {on taxable Items In A through F) $ ; (G) H. Elecironic Vehicle Reglstration or Transfer Charge ) (not a govemmental foe) (pald fo) $ WIR) I. (Optional) Segice.Contel(s) 1. pL) _ I $ LIL) 2 padto) NA i 3 WR a) 5, (paid) VB oo LE NR fg 4 pad) OR sain $e WIR A) 8. (paid to) ee ues mee (5) J. Prior Credit or Lease Balance (s) paid by Seller to Vehicle 1 oe Nahe? ee § NZR_() {sea downpayment and trade-in calculation) K. (Optional) Debt Cancellation Agreement BAP INSURANCE 5 195.00 L. (Optional) Used Yih Contract Cancsitation Option Agreement $ eb M. Other (paid g RS $ N/R LM) For 7A imi ic or N. Other {paid to}. it vin Nig (NE for wre Total Cash Price (A thiough N) 5.83531, 18 1 | 2. Amounts Paid to Public Officials (5. 06 A. Vehicle License Fees . Ft A) B. Registration/Transfer/Titling Fees Estimated § 263, [1] (B) GC. California Tire Fees $NA «© D. Other Smog Abatement Fee $08.88 MO Total Offtclal Fees (A through D) ‘ §. 400.90 3. Amount Paid to Insurance Companies 4 (Total premiums from Statement of Insurance bey i) 4, [ State Emissions Certltication Fee or ate Emisslons Exemption Fee 5. 4.98 (4 5. Subtotal {1 through 4) g 23839. 18 :1 6. Total Downpayment _ A. Total Agreed Value of id Being Traded-In (see Trade-In eee go NA VBHICID 1 $ ,eommeopmrpremermn-s VOID 2 § end Dei B. Total Less Prior Crecil or ease Balanco (e) N/A $e LL (8) VBIICIE 1 $e VEDIC 2 § - G. Tota Net Tiga (AB) (dca mild unl shN/R io Vehicle 1 §4/ : Neahiis 2 N/B - NER D, Deferred Downpayment Payable to Seller ... i $0) E. Manufactuiers Rebate, Br iiiomrnd 7H") F. Other... NR ES---_- -t AB G. Cash, Cash Equivalent, Check, Credit Card, or Debit Card $e. bed Re hi Total Downpayment (C through G) Hp RIEL 8) {i nagalive, enter zero on ling 6 and enter the amount lass than zero as a posliive number on {ine 1J above) 7. Amount Financed (5 less 6) g 21039.18 {7 Yee ee Fe SE Be See, gs US Hes ihe 5 Leg Ey . rr. boo iss id Baysr Signs X14 : [oPTioNAL & ms ¥ pn 4 : “ " re TE = =z =e pe = = 3 gio tise ~ v AT v RAE = s THE MINUS PUBLIC LIABILITY INSURAHCE LISITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHAGES A VEHICLE. IF YOU ARE UNSURE WHETHER OR NOT YOUR CURRENT INSURANCE POLICY WiLL COVER YOUR NEWLY ACQUIRED VEHICLE [N THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT, WARNES: a. Co . ) oo ; YUE PRESENT ROLICY HAY NOT COVER COLLISION DAMAGE OR 2n¥ HET PROVIGE FOR FULL REPLACEMENT CUSTS FO THE VEHICLE BENG PURCHASED, IF YOU DO HOT WAVE FULL COVERAGE, SURFLERENTAL COVERAGE FOR COLLIBION DAMAGE JAY HE AV AILABLE TO YOU THROUGH YOUR THRUAANEE ADENT OR THROUGH THE BELLING | DEALER, HOWRYER, Uf 3 DTHERIISE SPEIER, THRE: CONERADE YUU DRT THROUGH THE DEALER PROTPENS GHEY THE DERLER, USUALLY Up TO THE ANIOUNT OF - THE UNPR BALANCE REGALONG AETER THE VENICLE HAY BEEH HEPOBSESSED AND SOLD, oo ] : FOR ADVICE ON PULL COVERAGE THAT WiLL PROTECTYOU IN THE Ly OF LOGE DF DA VAGE TO YOUR VEHICLE, YOU SHOVEL CONTACT YOUR INSURANCE A0ENT THE BUNER-BHALL SIGILTO ABINORLEDGE THAT HE/SHE UNDSHETARDS THESE PULLIC URBILITY.TERDIS AND CONDITIONS. Natica ta buyer: (1) Do not oo this agreament before you read for 1 t contains any blank spaces to be filed In. (2 Yo arg entitled fo a completely filled in copy of this agreament. (3) You can prepay the {ull amount due under thig agreement at any lime. ) 1f you defaiili in the parformance of your obligations under this agreement, the vehicle may be teposssssed and you may be subijact to sult and liability for he unpald indebtedness evidenced hy this agreement 1 ait Dae a complaint concerning this 541; you should 1ry lo tasolve It with the agler. To oo Complafitts soncerning unfalr or Gevepliva practices of imathins by the seller may be refered to the city sling the disl ict attorney, or an Investigator for the Department of olor Vehicles, or any combination thergof, Et may not change the finansing o¢ payment term unless you agree In wilting to the change. You do not have fo agres fo any change, and i Is an unialr or desaptive practice for Buyer Signature X ior Gong” : sist Co-Buyor signature X 0) LIC pint Shen The Annual Percentage Rate may be ne; ofiable with the Seller. The Seller may a ssign this contract and retain Its right to receive a part of the Finance Charge. Co Co “THERE 16 NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION | solctRte 10 THE TERMS OF THE CON TRAGY YOU | Colfralan doa no poi orca lh cancion acd vl, lo, you cane cnc) Bs onl CR E lp because yo change your ind, dock i vehicle Coss oo much, or wish you ed acquired 2 front veil, After you sig blo, | ver 1 VOU ACKNOWLEDGE THAT YOU HAVE READ oi may only cancel ths conlra yl hd agrosmantof tha seller or fot egal case, such 88 Ti, However , Callarla fowtiges requllea sally | BATH GIDES OF THIS CONTRACT, INCLUDING THE Bu aban cpiag oud ois il lh pe of sop fry housand dor go allo ARBITRATION PROVISION ONTHE REVERSE SDE BEFORE cartaln gotitery condlans. This sonlract cancellllon opflon requirement hat fs tha sale a recroational vehicle, 2 oloreyole of | cicmine BELOW, YOU CONFIRM THAT YOU RECEIVED A ait Gola concailalio ef | A | Fan off-highway motor vehlcla aublest fo Kendisation under Calfomia fav rckrpibnt opeobpwa a COMPLETELY FILLED COBY WHEN YOU SIGHED I. EA Cp Ae BEAIEE/AT Fe Walensi? ey - Buyer Signature X... Tig i Loyd) Date ee Co-Buyer Signature X LLyL # ARAL Dale I Co-Buyers and Other Owners - Adour le a perdon who Ia responsible for paying the ent ire debt. An other owner is a person whose name is on the ttle to the vehicle but does nol | have to pay the debt, The other owner agrees to te ONY interest in the vehicle given to us in this contract, {Other Owner Signature X ..... i i .. Addre ss N/A fil Eb oy a och ior hi (AL OTE op ent nyo of EA Guarantor walvegjnipice of acceptance of Ihis Guaranty, notice of the Buyer's yRRyment, non-parformance , and default; and noficas of Keg out owing at any time, and of any Geman pon ihe Buyer. Guarantor X cc... NAR Date Guarantor X NAR Dale... . Address «ee gre i ; . Address. a ; FIRET CHDICE AUTO SALES 33/2817 _ ho MANAGER Seller Signs ... HAW FOr wo. 55%. CA-ARB peg. y oe-- 1.600-344.0098; a 1-000-531-0056 F ) e Raynolds and Reynotds Company : Yah ey Saul C0,com; 1+ 996; Fax 1-000-531 #7 ny wie he RT AFIT, EXPHESS OF IPLIZD, ATO GONTENT OR FITNEAS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL B5uffial ORIGINAL LIBMHOLDER EXHIBIT “B” LOAN AGREEMENT AND CONSUMER CREDIT DISCLOSURE STATEMENT ("Agreement") You promise to pay the amount borrow ed, plus interest, other permitted charges and fees to the order of the AltaOne Federal Credit Union ("Lender") or assignee, according to the terms of this Agreement (including those _set forth in the Federal Truth-in-Lending Disclosure), Numbers, phrases or words preceded by a are applicable only if the Is marked, e.g. . In this Agreement, the use of the words "Credit Unlon®, "We", "Us", and "Our" mean the AltaOne Federal Credit Union, The Borrower(s) and any Co-Signer(s) of the Agreement, Individually and collectively, are sometimes referred to as "You" or "Your". {(e) means estimate, (n/a) means not applicable 701 South China Lake Boulevard qd... oo. P. O. Box 1209 1a e Ridgecrest, CA 93556-1209 ), J (760) 371-7000 FEDERAL CREDIT JNIDM or (800) 433-9727 Borrower(s) HUGO ENRIQUEZ GONZALEZ SANCHEZ ORLANDO GONZALEZ 25499 JUDITH ST 26498 JUDITH ST ARVIN, CA 93203 ARVIN, CA 93203 ANNUAL FINANCE CHARGE | AMOUNT FINANCED TOTAL OF PAYMENTS DATE ACCOUNT NUMBER TAGE RATE] The dollsr amount the | The amount of credit provided | The amount You wlll have The cost of Your credit will cost You,. to You or on Your behalf. paid when You have made all 04/11/2017 aedeew credit as a yearly rate, scheduled payments. LOAN NUMBER 4,240 % $2,975.53 4521,830.18 $ 24,814.71 2 Your-payrient schedule wll be: : No. of Payments Amt. of Payments When Payments Are Due 71 $344.65 1 i] $344.56 i Monthly beginning on I Last Payment due on 05/25/2017 04/25/2023 You may obtain property insurance from anyone You want that is acceptable to the Credit Union. [] Required Deposit: The Annual Percentage Rate does not reflect Your required deposit, [J This obligation has a demand feature. Security: You are giving a security interest in: [X] The goods or property being purchased. [1 Personal property {other than household goods or any dwelling) securing other loans with Us. [J your present and future shares or deposits in the Credit Union, Assumabllity: Your loan Is not assumable. Prepayment: If You off early, You will not have to a penalty and You in not be entitieq toa Yerund of part of the Prepaid finance ohare, Late Sharpe: if Your payment is more than 14 days late, You will be charged $25. Filing Fee $ .___ NIA Non-Filing Insurance $ _.... N/A See Your contract documents for any additional information about Qover ER os Hepner te ‘Simple Interest Rate of 4.24 % per Annum, Co |_ltemization of Amount Financed of § 21,839.18 Amount Paid to Others on Your Behalf: Amount: vento You Direclly $.0.00 FIRST CHOICE AUTO SALES $21,839.18 Amount Paid on Your Account $.0.00 Prepaid FINANCE CHARGE $0.00 (loan origination fee) surance] Guaranteed Asset Fratection GAP and Major Mechanical Protection MM Coverage 1a not Tequiren 1 obiain great and will nol be provided Unies You agree to pay the additional cost and sign below, Type ~ Premium Signature - Check and Signi GAP "| GAP Coverage [ 1vouwant ~~ [%]You Do Not Want MMP MMP Coverage [1 You Want | Xi You Do Not Want sure Beg E bonpeg Security Interest. To secure all obligations of Borrow er(s) hereunder to the Credit Union, You give a Security interest and dien In and upon the followIng property, including any .and all accessions, related insurance proceeds or Insurance pramitin refunds. I. . |. Year Make | Modal ~ V.I.N.iSerial No. [License Number 2015 Chevrolet Camaro 2G1FB1E32F91569297 ‘'Shares/Certificates Pledged [Account Number Amount Certiticate/Othér Collateral Hf the provisions of this Agreement. Aha You ugkaow ledge -regsiving a copy of Arek to all of the terms theres! inchiding the provislons set Further paragraphs of this Agreement are set forth on the Feverse aids, and You agree to NOTICE: You understand and agree that by endorsing or fégbtiatifg check numger, [fF Y¥ 7 this Agreement (and Exhibits, if any) that You have read it in its entirety and that Yeu aug forth on the reverse side, Signatures: You have signed this Agreement on this_ 11 day of___April ; read it, that You understand it, and that You have received a completely filled-in copy of it. x Yar Lomb) Sighaturedsf Borrower J [1 @Wner of Collateral (other than Borrower) . Sai a _ Aso. Signature of Borrower {| Ow ner of Collateral {other than Borrower) With Gyo Igtiag: You undo stand that You ave fully fable $0 pay ang afpufits dues under thieAars otter person. obligated tnter this: Agreement, nor take an tags to repossess any Collateral entire Agreement, You understand it “and Yol-agree to be'hound hy all of the terms; ~~ 2017 and acknowledge that You have FP a fitent. The Credit Union toes not have to make any demand on an a re Soman Tonk You pay any amount, You have read this bel X 04/11/2017 Signature of Co-Signer Date . a _- X Name of Co-Signer (Please Print) Signature of Co-Signer Street Address City Copyright Qak Tree Business Sysiems, Inc., 2006-2013, All Rights Reserved. County Staté LID Page 1 of 2 OTBS 011B ALTA (8/13) SE TP TI CP RT I H A A ADDITIONAL PROVISIONS OF AGREEMENT (continued from the reverse side) 1. LIABILITY OF PARTIES, Each person who signs this Agreement -as a Borrevesr:or Goslgner ar who endorses or negotiates the loan proceeds check related ta this Agreement (other than a Dealer/Payee) and whesa:ntme appears on the-front of thls Agreement bs Borrower .or Co-Borrower agrees to be individually fd Johitly obligated lo pay Yourioan if aciorddnce with- ihe terms.and gonditions of this Agreemer Any person who signs this Agraemant of the Joan’ proceeds cheek relat sémient ks the box frecading fOwriar of “Collateral {oer bi lateral shown Inthe Security Intergst section on the reversed side, an Borrower)" does so : ‘but. is not personally llable {his Agreement and Cheeks the: ls Agrees it ail cherks the box Yoluntaitly and solely to give & for any Indelit edness areated it Bit 2. INTEREST. Interest will be charged on the unpaid balance of Your loan at the Simple Interest Rate designated on the reverse side until Your balance is paid in full. Any payment may be made early without penalty, and any early payments will have the result of reducing the total amount of interest paid. - Any payment made after the due date will have the result of Increasing the total amount of interest paid. + 3. PAYMENTS, Your payments are to be made in lawful money of the United States according to the Payment Schedule on the reverse side. Any partial prove ment of Your loan will not delay Your next scheduled payment. If, when You pay Your last scheduled payment, the amount You pay exceeds our [oan balance, then You give the Credit Union permission to deposit the excess to Your share account, 4, COLLATERAL Tae Credit Union. has-been granted a securlty inteysist or Bien Jor upon the Collateral designated on ihe reverse side or in a separate gedinent suchas a Sequrity Agreement, Assignment, Pledge or-slilar document {he subject matter of such a security Interest or lien is referred to as *gollaleral® By this Agreement). Except for he Credit Union's secirity interest or len, the Collateral is owned free and clear from any adverse claim, security intsrast or encumbrance other than as now disclosed to. the Credit Union. Without the express written consent of the Credit Union, no other liens, security interests or encumbrances will be allow ed to attach to the Collateral. You agree to inform the Credit Union immediately if the Collateral is to be moved from Your address shown on the reverse side or at such other address which You have informed the Credit Union the Collateral is now located.. The Collateral shall not be sold or ownership otherwise transferred and at all times the Collateral shall be kept in good repair. The Collateral shall not be used for any unlawful purpose. The Credit Union shall receive the full Cooporation of the Borrower, Co-Signer or Owner in obtaining everything that We require to place and/or maintain Our security Interest in and/or lien on the Collateral. The Credit Union may examine and Inspect the Collateral at any time wherever located. All taxes or assessments on the Collateral shall be paid as they come due, and if not paid, the Credit Union ma pay than a al be entitled to reimbursement! or, alternatively, to add any amount so paid to the unpaid balance of Your loan subject to the applicable interest rate. Collateral (other than household goods or any gwoliin) given as securlty under this Agreement or for any other loan You may have with Us will secure all gmoLnts You owe Us now and in the future if that status is reflected. in the "Truih-in-Lending Disclosure” in any particular Agreement evidencing such debt, 5. LIEN ON SHARES, If shares or deposits are pledged as security for this loan, You understand that the balance in Your fopaunie) on deposit with the Credit Union must be kept at least equal to the balance of Your loan untll Your loan is repaid in full. We may. how ever, permit You to maintain or reduce Your account balances below Your loan balance. If You are in default, the Credit Union may apply all shares (except Keogh accounts and IRA accounts) then on deposit ta Your loan up to an amount sufficient to repay Your loan. 6. PROPERTY INSURANGE ‘You plomize 16 maintain property Tnstrance In an Smouit nécedsdiy to protect OU FY intarest inthe Gallatin), with Us RNG 6 lot Fanon fr Out Folecion, Sich Iwironce hal ait ual los Tis, (hell, and colon and wt Tal ke Th insurance DB a oF Vous avs Joo Drains Sith Batson | Stonaoh 20kono He fii rea Hey You tently. abtain ; A: perstin oF Y ur own Shooging, pr SUE person 51 acceptable. ts, Yor agr e Helivar satisfactory evidence of as cars & Slicy 16 s-Within amy Ne rarer 3 Gtice Nom arn Fr ie if Fi lo Mot 8} oF surance policy. tot d Jn-any: gotice from Us ! keep this insurance, We may, al Our soleeption, sbtaln insurance to pretect Our Interest and af goats fo Your loan and You agren to.pay fort (by such means as increasing YOUF ment or increasing You loa ter 5 Vio ar er no: obligation: 1o-0btaln Insurance on Your behalf. {t We:do obfain dining { insurance, the cost ‘of ‘ol that Insurance may. be added to Your loan balance, subject tothe: applicable Interest rats." We have the antherity to obtain, adjust, settle or cance! Insurance and may sndarse any. party's name on any draft. - : 7. DEFAULT. Yeu lgan ghall bé In default if any of the folly ing hinas: abeur (3) Yousdo® fot make any payient.ot:parfar. any. obligation deter His Agreement ‘or dny other agreement that You may have with the Credit Unfon: of (B) You have made a false of misigading statement In Your credit application Andie jn Your representations to the Credit Unlod while Your owe money of. this han: or {¢) You should die, of be fivalved i-any insolvency, receivership or gustodial proceeding brought by eragainst You; or i “& judorent of tax lies should be filed Sgainst You of any attachment or garnishment should be issued ative any of Your property or rights, :speciticalli heluding anyone sts ing on action or proceeding to selzg any of Your funds on deposit with the Credit Union; and/or {e) the Credit Ussigin should; in good eh, balfevea Your abilty to repay Your indshladness hereunder is or soon will be impaired, time being of the very essence. : ’ rience: oF default, ant -to the extent pérmitied by law, We may declare the abla Balint: ; pier Tiotlee or dans. I the. tire bance 5 not When paid inate pon defou pig il y-faw , thie Callateral shall ba I -surfendarad, Bo The Credit. Union 21 A time ant place adueptatle to if if this]s ot gous; to-the extent parmitted by laws; the: Credit Union he frend os where the Collateral ig located and take po Shad of it and the Credit Unlony Lk the defense of a superior right of Your lozh hufisdhaiely due Fnd fayable, i yout loan friday Rey velit pasaesion as The tiolder of & securlty interest™1o any offense of alleged Wranghil Taking and conversion: Th Liach Union map: sailor dippesa ot ha Collateral In ony Hinde patmiiad “By Jaw; and - any resulting deficiency” on Your loan shall be immediately pai¢ to the Credit, Union. in the event caliection efforis-dee. raquirad to oblalii payment on” this or any other account, the undersigned agrees to pay all-courl costs; private process Server fees; vestigation: fess or other gests inalired In catfection and reasonable attomeys' foes Irgurred In {tiegourse’ of colledting any amounisiowaed under this Agreement or in the recovery of any Collateral. As permitted by law, the Gridit Usidh shall have: the right to Jmpress and éiforde a statutory len upon the shares and dividends of any member Indebted to it and We say gniarge:-Qur riibil le do $o Without quer notios to: You, Additionally. You agree that We may set-off any mutual indebtedness. 8. ASSUMABILITY. Your loan Is not assumable. 9. DELAY IN ENFORCEMENT. We do nol lose Our fonts under this or any related agreement if We delay enforcing them. We can accept late payments, partial payments, or any other payments, oven if they are marked "paid in full’ without losing any of Our rights under this Agreement. If any provision of this or any related agreement Is determined to be unenforceable or invalid, all other provisions remain in full force and effect. 10. GOVERNING LAW, You understand and agree that this Agreement will be governed by the laws of the State of California except to the extent that Federal law controls. 41. STOCKS AND/OR BONDS AS SECURITY. If stocks and/or bonds are pledged as security for this loan, a list of stocks or bonds pledged accompanies this Agreement and You acknowledge receiving a copy of this list. You also undersiand that You may not use the loan proceeds for the purchase of stocks or bonds, 12. NOTICE OF FIVE YEAR GALL OPTION ON MOBILE HOMES LOANS. It this loan 1s segured By amapile. Joins “Wie have thé ght to ‘gall this oan on the [ith shiver ‘ofthe loa, We may exerdise this doht any Hneduring 2 go 4-day peri tredisiely allowing the fi. nner of thes for if Wa exes Que Hight o: gall the Toa, Spor reqeipt of siotlee YOU WILL BE REQUIRED TO PAY 7 E-LOAN IN FULL {DR ARRANGE. NEY FINANCING) WITHIN 86 DAYS, Yin até aware that interest ratesin of Jas wt tre {the call iggy be substantially higher than the lnterost ralg on the origin! toar. i cannot be: predicted ‘at this:time whether or fot We Will exercise the option; How ever Lil genaially be 10 Our. a Hanada fo axercise the option i an incr. F interest rate has. occurred or is- anticipated, If the term of the loan extends significantly’ beyond the option date orf “other tenses exist. making thécall of thie logan advantagdous to. Us, 13. HOLDER IN DUE COURSE. Any holder of this consumer credit contract is subject to all claims and defenses which the debtor would assert against the pe a goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor greunder. NOTICE TO BORROWER AND ANY CO-BORROWER By endorsing or negotlating the Loan proceeds check related to this Agreement: (1) You accept and agree to the terms of this Agresment including the revisions on the reverse aide; and (2) You grant Us a security Interest ar len in or upon any Collaterat designated in this Agreement; and (3) You promise to obtain and maintain property Insurance (if applicable} according to the Property Insurance provision above and any “Agreement to Provide Insurance” given to You along with this Agreement. If You do not agree to any of the terms of this Agreement, do not endorse the loan proceeds check and retum this Agreement and check to Us immediately at the address shown on the front of the check. . so _sers Copyright Ozk Tree Business Systems, Inc,, 2006-2013. All Rights Reserved Page 2 of 2 OTBS 0118 ALTA {8/13)
