ComplaintCal. Super. - 3rd Dist.July 31, 2017r S 10 12 14 +5 16 17 18 Lo 20 21 22 23 24 25 26 27 28 Lobel Financial Corporation a , GARY DEAN LOBEL CBN 105983 af Superior Coretomiac RONALD J. GREEN JR. CBN 177043 SHIAO-WEN HUANG CBN 211357 1150 N. MAGNOLIA AVENUE ANAHEIM, CA 92801-2605 (714) 995-3333 Attorneys for Plaintiff, LOBEL FINANCIAL CORPORATION SUPERIOR COURT, COUNTY OF PLACER PLACER JUDICIAL DISTRICT LOBEL FINANCIAL CORP., a California Corporation, Case No. NC V0068133 Complaint for Money: Breach of Contract; Account Stated and Open Book Account Plaintiff, V JAQUILA SHENEKA JACOBS Demand is for $11,440.20 LAVELLE MONTGOMERY Limited Civil Does 1 to 10 ~ r y e ry e ye ye Ye YH YH YH YH YH YH YS YS YS YS YS DS Defendant (s) Plaintiff complains and alleges as follows: 1. At all times herein mentioned Plaintiff was and now is a corporation duly organized and existing under and by virtue of the laws of the State of California. 2. The true names of Defendants Does 1 to 10, are unknown to Plaintiff and they are therefore sued herein under the foregoing names, which are fictitious, and upon ascertaining their names, leave will be asked to amend this complaint by inserting the same. i 3. Each Defendant nan d above is a natural person. Complaint for Money -l1- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lobel Financial Corporation 4. This action is subject to Civil Code Section 2984.4. 5. This action is filed in this judicial district because the Defendant(s) entered into the contract here. First Cause of Action Breach of Contract 6. Plaintiff realleges paragraphs 1 through 5 as those fully set forth herein. 7. On or about June 13, 2016 a written agreement was made between Armani Motors as seller and Jaquila Sheneka. Jacobs, Lavelle Montgomery as buyer(s). Subsequent to the execution thereof, the said agreement was for valuable consideration sold, assigned and transferred to Plaintiff by said seller and Plaintiff is now the holder thereof. 8. Pursuant to the terms of the written agreement referenced above in the previous paragraph, said seller sold and delivered to Defendant(s) a(n) 06 MERCEDES CLS500, VIN No. WDDDJ75X76A014550 for a contract balance of $18,306.72 payable in monthly installments of $508.52 commencing July 13, 2016. 9. On or about October 13, 2016 Defendant(s) breached the agreement by failing to make further payments to Plaintiff pursuant to the terms of the written agreement previously agreed to. Plaintiff thereafter repossessed and sold the vehicle pursuant to the Civil Code, and seeks to recover for the deficiency balance. 10. Plaintiff has performed all obligations to Defendant(s) except those obligations Plaintiff was prevented or excused from performing. 11. Plaintiff suffered damages legally caused by Defendant(s) breach of the agreement in the amount of $11,440.20. 12. Defendant(s) agreed to pay a reasonable sum as and for attorney fees in the event suit was commenced to enforce the payment of said agreement and the sum Complaint for Money -2- 10 11 12 13 14 15 16 17 18 19 20 2. 22 23 24 25 26 27 28 Lobel Financial Corporation of $733.00 is a reasonable sum as and for attorney fees in the event this matter proceeds as a default. If this case is contested Plaintiff hereby requests the court to award Plaintiff such additional fees as may appear reasonable to the court. Second Cause of Action Common Count: Account Stated 13. Plaintiff realleges paragraphs 1 through 12 as those fully set forth herein. 14. On or about June 13, 2016, an account was stated in writing by and between Plaintiff's predecessor-in-interest and Defendant and on such statement a balance of $ 18,306.72 payable in monthly installments of $508.52 commencing July 13, 2016, was found due to Plaintiff from Defendant. 15. Plaintiff by words or conduct, agreed that the amount stated in the account was the correct amount owed to Plaintiff and promised to pay the stated amount to Plaintiff. Although demanded by Plaintiff, Defendant has not paid the agreed balance. 16. There is now due, owing, and unpaid from Defendant to Plaintiff the sum of $11,440.20, together with interest thereon at the rate of 22.95 percent per year. 17. Plaintiff has incurred attorney’s fees in connection with this matter, the sum of $733.00 being a reasonable sum in the event this matter proceeds as a default. Complaint for Money -3- 10 da 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lobel Financial Corporation a i ll ce Third Cause of Action Common Count: Open Book Account 18. Plaintiff realleges paragraphs 1 through 18 as those fully set forth herein. 19. Plaintiff claims that Defendant(s) owes it money on an open book account. 20. Within the last four years, Defendant(s) became indebted to Plaintiff on an open book account for money due in the sum of $18,306.72 for the subject vehicle sold and delivered by Plaintiff's predecessor-in-interest to Defendant at his/her special instance and request, and for which Defendant(s) agreed to pay the above sum of 18,306.72 payable in monthly installments of $508.52 commencing July 13, 2016. 21. Plaintiff has kept an account of the debits and credits involved in the transaction(s). 22. The whole of the above sum has not been paid, although a demand therefor has been made, and there is now due, owing, and unpaid the sum of $ 11,440.20, with interest thereon at the rate of 22.95 percent per annum from June 13, 2016. 23. Plaintiff has incurred attorney’s fees in connection with this matter, the sum of $733.00 being a reasonable sum in the event this matter proceeds as a default, which fees Plaintiff is entitled to recover from Defendant pursuant to Civil Code Section 1717.5. Complaint for Money -4- 10 11 12 13 14 15 16 LY 18 Lg 20 21 22 23 24 25 26 Zt 28 Lobel Financial Corporation follows; Date: WHEREFORE, Plaintiff prays for judgment against Defendant(s) as A is 2. 3. 4. 5. For the sum of $11,440.20; For interest on above sum at 22.95% from 02/24/17; Attorney fees of $733.00; For cost of suit; For such other and further relief as this court may deem as just and proper. 7/5/17 rue Gary Dean Lobel ( Ronald J. Green Jr. ( Shiao-Wen Huang +) Attorneys for Lobel Financial Cor ) ) Complaint for Money -5S- STATEMENT OF LOCATION PLAINTIFF DEFENDANT CASE NUMBER LOBEL FINANCIAL CORP. JAQUILA SHENEKA JACOBS Please check ONE of the following statements to indicate the basis for the filing of the complaint in this judicial district, and fill in the address. 1.[_] Cause of action arose in this judicial district. Address of the cause of action: STREET ADDRESS, CITY, AND ZIP CODE 2{_] Property located in this Judicial District. The address of the property is: STREET ADDRESS, CITY, AND ZIP CODE 3...) Tort Occurred in this Judicial district. The address of the Tort: STREET ADDRESS (/f known, or nearest intersection), CITY, AND ZIP CODE 4 bx | Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: STREET ADDRESS (/f known), CITY, AND ZIP CODE Armani Motors 429 Riverside Ave., Roseville, Ca 95678-3123 5.[_] Defendant resides in this judicial district. The address of the defendant: STREET ADDRESS, CITY, AND ZIP CODE | declare under the penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. SIGNATURE OF PARTY OR ATTORNEY DATE awn July 5, 2017 Nv Gary Dean Lobel () Ronald J. Green Jr. ( ) Shiao-Wen Huang ey INSTRUCTIONS: After completion, attach this form to the back of your complaint. STATEMENT OF LOCATION
