Preview
SUM-100
. S_ IMONS (SOLO PARA USO DE LA CORTE)
‘ (CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
GOYETTE WILLIAMS . "
and Does 1 to 5 inclusive.
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
BH FINANCIAL SERVICES, LLC , A Limited Liability Company
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone cail will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gow/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
JAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versién. Lea Ja informacion a
continuaci6n.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en Ia corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en Ia corte que le quede mas cerca. Si no puede pagar la cuota de presentacién, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podra quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de
remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, *
(www. lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con Ia corte o e!
colegio de abogados Jocales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: ‘CASE NUMBE
(El nombre y direccién de Ia corte es): OND oS - 5 7 6 0
SUPERIOR COURT OF CALIFORNIA SAN FRANCISCO COUNTY 4
400 MCALLISTER ST
SAN FRANCISCO, CA 94102
SAN FRANCISCO LIMITED CIVIL DISTRICT
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o de! demandante que no tiene abogado, es):
Law Offices of Kenosian & Miele, LLP — tel (888) 566-7644 fax (310) 289-5177
John P. Kenosian, Bar #80261
8581 Santa Monica Blvd., #17
Los Angeles, CA 90069
(reonay MAY 16 2019 CLERK OF RNB GOUAT
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba_de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
1. (]as an individual defendant. :
2. [Jas the person sued under the fictitious name of (specify):
ee , Deputy
ULOWiL" (Adjunto)
3. [on behalf of (specify):
under: Cccp 416.10 (corporation) Cccp 416.60 (minor),
[CCP 416.20 (defunct corporation) U1 ccp 416.70 (conservatee)
(1 ccP 416.40 (association or partnership) C1 cep 416.90 (authorized person)
U other (specify): -
4. [by personal delivery on (date):
a.
Page 1 of 1
Form Adopted for Mandatory Use +, Code of Civil Procedure §§ 412.20, 465
Judicial Couneil of California SUMMONS ‘winy courtinfo.ca.gov
‘SUM-100 (Rev. July 1, 2009]John P. Kenosian, Bar #80261
Law Offices of Kenosian & Miele, LLP: . ¥ Ey D
8581 Santa Monica Blvd., #17 ;
Los Angeles, CA 90069 . Ee vaisea County Superior Come
Phone (888)566-7644 : /
Fax (310)289-5177 {aay 16 2018
oueR OFT OURT
Attorney for BH FINANCIAL SERVICES, LLC BYE Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
SAN FRANCISCO LIMITED
BH FINANCIAL SERVICES, LLC , Case No: 6084. 9 5760 Ar
A Limited Liability Company
Plaintiff,
vs. (COMPLAINT
GOYETTE WILLIAMS 1. BREACH OF CONTRACT
and DOES 1 to 5, inclusive, 2. COMMON COUNTS
Defendant(s) Demand DOES NOT EXCEED $10,000.00
Plaintiff BH FINANCIAL SERVICES, LLC (‘Plaintiff’) alleges causes of action against
defendant(s) GOYETTE WILLIAMS (“Defendant”) and Does 1 to 5 inclusive as follows:
Preliminary Facts
1. Plaintiff is and was at all times herein mentioned A Limited Liability Company .
2. Defendant is a natural person. ,
3. As used herein the singular form of a word includes the plural, and the plural form
Complaint
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BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMSincludes the singular. The gender form of a word includes all other genders.
4. Defendants, Does 1 to 5 are sued under fictitious names, their true names being
unknown to the Plaintiff and Plaintiff will ask leave of the court to amend its complaint when thein
true names are ascertained. Each fictitiously named defendant is in some way responsible for
the occurrences alleged herein and proximately caused the damages prayed for in this
complaint. Each named and Doe defendant was acting as the agent, employee or with the
authority of the other defendants. :
5. This is the proper court because Plaintiff is informed and believes that the Defendant
resided in this jurisdictional district at the time of filing of this complaint.
6. Plaintiff is a debt buyer.
7. The nature of the underlying debt stems from the issuance of a LOANME, INC loan
account number ending in XXX416 (hereinafter “Account”) to Defendant, and Defendant’s
failure to repay the remaining balance due, resulting in a default by the Defendant.
8. Prior to filing this lawsuit, Plaintiff acquired sole ownership of the debt at issue, or has
authority to assert the rights of all owners of the debt.
9. Plaintiff alleges that:
(a) The debt balance at charge-off was $2284.39.
(b) The amount of post-charge-off interest is $533.23.
(c) The amount of post-charge-off fees is $0.00. :
The amounts set forth in this paragraph are exclusive of amounts that may be recovered under
Civil Code of Procedure §§ 1033 or 1033.5 relating to the recovery of costs in an action.
10. The date of the last payment was on or about 05-16-17.
11. The name and an address of the charge-off creditor at the time of charge-off: LOANME,
INC 1900 S. STATE COLLEGE BLVD., STE. 300 ANAHEIM, CA. 92806. The last three digits
Complaint
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BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMS}of the charge-off creditor’s account number associated with the debt at the time of charge-off
was XXX416. ‘ ‘
12. The name and last known address of the Defendant as they appeared in the charge-off
creditor’s records prior to the sale of the debt was GOYETTE WILLIAMS, 2018 KEITH ST SAN
FRANCISCO, CA 94124.
13. The name and addresses of all post charge-off purchasers of the debt are as follows:
DEBT MANAGEMENT PARTNERS, LLC 200 JOHN JAMES AUDUBON PKWY STE 102
AMHERST, NY 14228
BH FINANCIAL SERVICES, LLC 8581 SANTA MONICA BLVD. #552 LOS ANGELES, CA
90069
14. Plaintiff has complied with California Civil Code § 1788.52.
15. This action is an obligation subject to Code of Civil Procedure § 395 (b), for goods, loans
or extensions of credit intended primarily for personal, family or household use, other than an
obligation described in California Civil Code § 1812.10 or California Civil Code § 2984.4.
16. This action does not fall under the Unruh Act, California Civil Code § 1801, or under the
Rees-Levering Motor Vehicle Sales and Finance Act, California Civil Code § 2981.
17. The above statements apply to each of the following causes of action.
FIRST CAUSE OF ACTION - BREACH OF CONTRACT
18. On or about 09-21-15, Defendant entered into a Promissory Note and Disclosure
Statement with LOANME, INC for the issuance of a loan. The Promissory Note and Disclosure
Statement was executed via certified digital software pursuant to the Electronic Signatures in
Global and National Commerce Act (E-Sign Act). By the terms of the Promissory Note and
Disclosure Statement, LOANME, INC loaned to Defendant, a sum of money under loan now
bearing account number ending XXX416 (the “Account”). Defendant promised to pay LOANME,
Complaint
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BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMS24
25
INC all sums loaned with interest, fees and charges. A true and correct copy of the LOANME,
INC Promissory Note and Disclosure Statement is attached as Exhibit "A."
19. Subsequently, the Defendant defaulted by failing to pay the minimum monthly payments
that were due.
20. Plaintiff and LOANME, INC have done everything required of each to be done and each
performed all their obligations to Defendant, except those obligations the Plaintiff and LOANME,
INC were prevented from doing or excused from doing.
21. The Defendant left due and owing the outstanding principal balance of $2284.39.
22. Damages were suffered both legally and proximately caused by Defendant's breach of
LOANME, INC Promissory Note and Disclosure Statement in that Defendant left due and owing|
the outstanding principal balance of $2284.39 with interest thereon. Although demand has been
made, the amount prayed for is due, owing and unpaid from Defendant.
SECOND CAUSE OF ACTION — OPEN BOOK
23. Plaintiff re-alleges and incorporates herein the foregoing paragraphs of this complaint.
24. At the Defendant’s direction or authorization, funds were lent by LOANME, INC to and
for the benefit of Defendant.
25. Defendant became indebted to LOANME, INC on an open book account.
26. At all relevant times, Plaintiff has had sole ownership of the debt at issue, or has the
authority to assert the rights of all owners of the debt.
27. Plaintiff has made a demand on the Defendant for payment of the open book account.
There is now due, owing and unpaid from the Defendant the outstanding principal sum of
$2284.39, plus interest thereon.
Complaint
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BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMS|24
25
THIRD CAUSE OF ACTION —- ACCOUNT STATED
28. Plaintiff re-alleges and incorporates herein the foregoing paragraphs of this complaint.
29. Defendant became indebted to LOANME, INC , on an account stated whereby
Defendant and LOANME, INC agreed that the amount stated in the account was the correct
amount owed to LOANME, INC .
30. Defendant is in default in that Defendant has failed to pay the outstanding balance due.
31. At all relevant times, Plaintiff has had sole ownership of the debt at issue, or has the
authority to assert the rights of all owners of the debt.
32. Plaintiff has made a demand on the Defendant for payment of the account stated. There
is now due, owing and unpaid from the Defendant the outstanding principal sum of $2284.39,
plus interest thereon.
\
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Complaint
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BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMSPRAYER
WHEREFORE, as to all causes of action, Plaintiff prays for judgment as follows:
(a) Damages of $2284.39;
(b) Prejudgment interest at the rate of ten percent (10%) per annum from and after
05-16-17 to the date.of entry of judgment;
(c) Attorney's fees according to proof,
(d) Costs of suit; and
(e) For such other relief as is fair, just and equitable.
Dated: May 2, 2019
By:
nw
John P. Teens epee
Complaint
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BH FINANCIAL SERVICES, LLC vs, GOYETTE WILLIAMS}Exhibit ALOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT
Loan No! __ _ 416 . Date of Note: September 20, 2015
. Expected Funding Date: September 21, 2015
Lender: LoanMe, Inc. Borrower: GOYETTE WILLIAMS
Address: 1900 S. State College Boulevard | Address: 2018 KEITH STREET
Suite 300 SAN FRANCISCO, CA
Anaheim, CA 92806 94124
In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your" mean the
person signing as a borrower. "We," "us,", and “our,” mean LoanMe, Inc. and any subsequent
holder of this Note.
TRUTH IN LENDING ACT DISCLOSURE STATEMENT
ANNUAL
PERCENTAGE
RATE
ean 5 : FINANCED TOTAL OF PAYMENTS
. The dollar amount The amount of | The amount you will have
The cost of your credit 98 | the credit will cost | credit provided to | paid after all payments are
yearly you you made as scheduled
138.58 % $11,412.12 $2,525.00 $13,937.12
PAYMENT SCHEDULE
One payment of $391.96 on November 01, 2015.
46 monthly payments of $294.46 beginning on December 01, 2015.
Late Charge: If a payment is more than 15 days late, you will be charged $15.00.
Prepayment: If you pay off this loan early, you will not have to pay any penalty.
Please see the remainder of this document for additional information about nonpayment,
default and any required repayment in full before the scheduled date.
ITEMIZATION OF AMOUNT FINANCED
Amount Financed: . . $2,525.00Amount Paid to Borrower Directly: $2,525.00
Prepaid Finance Charge/Origination Fee: |$75.00
This Note is in original format an electronic document fully compliant with the Electronic Signatures
in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations, and that
the one, true original Note is retained electronically by us. All other versions hereof, whether
electronic or in tangible format, constitute facsimiles or reproductions only.
FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder
of this Note the sum of $2,600.00, together with interest calculated at 135.00 % and any
outstanding charges or late fees, until the full amount of this Note is paid.
Your payments will be applied first to any outstanding charges or late fees, then to earned interest
and finally to principal. The payment schedule disclosed above is only an estimate and may change
in the event you do not make all payments as scheduled.
Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated
by dividing the annual Interest Rate disclosed above by 360, multiplying that number by the
outstanding principal balance, and multiplying that number by the number of days the principal
balance is outstanding, assuming that each full month is comprised of 30 days.
You may prepay all or any part of the principal at any time without penalty.
You will be subject to a fee of $15 if any payment you make is returned for non-sufficient funds.
You agree that all payments not made within fifteen (15) days of the due date shall be subject to a
late fee of $15.00.
The origination fee included in the prepaid finance charge/origination fee disclosed above is fully
earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this
Note and is not considered interest.
This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in
accordance with the laws of the State of California.
You have previously consented to receive all communications from us, including but not limited to,
all required disclosures via electronic mail. This means that all communications from us will be
delivered in electronic form.
You. understand and agree that we may obtain credit reports on you an ongoing basis as long as
this loan remains in effect. You also authorize us to report information concerning your account to
credit bureaus.
You understand that, from time to time, we may monitor or record telephone calls between you
and us. You hereby consent to have your calls monitored or recorded.
You agree that in the event we need to contact you to discuss your account or the repayment of °
your loan, we may telephone you at any number, including any cell phone number provided or
obtained, and that we may leave an autodialed or prerecorded message or use other technology to
make that contact or to communicate to you the status of your account. You may cancel this
consent by providing us with notice.
A married or registered domestic partner applicant may apply for a separate account. As required
by law, you are hereby notified that a negative credit report reflecting on your credit record may be* submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If we
take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse
action is based, in whole or in part, on any information contained in a consumer credit report, you
have the right to obtain within 60 days a free copy ef your consumer credit report from the
consumer reporting agency who furnished us your consumer credit report and from any other
consumer credit reporting agency which compiles and maintains files on consumers on a
nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to
dispute the accuracy or completeness of any information in a.consumer credit report furnished by
the consumer credit reporting agency.
This Agreement encompasses the entire agreement of the parties, and supersedes all previous
understandings and agreements between the Parties, whether oral or written. Any modifications to
this Agreement must be made in writing and signed by both parties.
If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace
period, to declare this Note to be immediately due and payable. If you file for an assignment for
the benefit of creditors, bankruptcy, or for relief under any provisions of the United States .
Bankruptcy Code, we shall have the right to declare this Note to be immediately due and payable.
In the event that we are required to employ an attorney at law to collect any amounts due under
this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or
to take any other action required to collect the amounts due hereunder.
ARBITRATION PROVISION
GOVERNING LAW. This Note will be governed by the laws of the State of California except to the
extent governed by federal law. This Arbitration Provision is governed by the Federal Arbitration
Act, 9 U.S.C. Sections 1-16 ("FAA").
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which
persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a
jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral
third person (an arbitrator") for a decision. Each party to the dispute has an opportunity to
present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration
proceedings are private and less formal than court trials. The arbitrator will issue a final and
binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely
overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which
cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration
Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU
ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and
"disputes" are given the broadest possible meaning and include, without limitation (a) all claims,
disputes, or controversies arising from or relating directly or indirectly to the signing of this
Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt
to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies,
arising from or relating directly or indirectly to the Loan Agreement, the information you gave us
before entering into this Agreement, including the customer information application, and/or any
past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-
party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional
torts; (e) all claims based upon a violation of any state or federal constitution, statute or
regulation; (f) all claims asserted by us against you, including claims for money damages to collect
any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of
our employees, agents, directors, officers, shareholders, governors, managers, members, parent
company or affiliated entities (hereinafter collectively referred to as "related third parties"),
including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted onyour behalf by another person; (i) all claims asserted by you as a private attorney general, as a
representative and member of a class of persons, or in any other representative capacity, against
us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (j) all
claims arising from or relating directly or indirectly to the disclosure by us or related third parties of
any non-public personal information about you.
1. You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY
DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS
TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
and
(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED
AGAINST US AND/OR RELATED THIRD PARTIES.
2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims
against us and/or related third parties shall be resolved by binding arbitration only on an individual
basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION;
THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS
A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR
OTHERS IN THE ARBITRATION.
3. Any party to a dispute, including related third parties, may send the other party written notice
by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of
the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who
demands arbitration, you shall have the right to select any of the following arbitration organizations
to administer the arbitration: the American Arbitration Association (1-800-778-7879)
http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. The parties may also
agree to select an arbitrator who. resides within your federal judicial district who is an attorney,
retired judge, or arbitrator registered and in good standing with an arbitration association, and
arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will
respond in writing by certified mail return receipt requested within twenty (20) days. If you
demand arbitration, you must inform us in your demand of the arbitration organization you have
selected or whether you desire to select a local arbitrator. If related third parties or we demand
arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt
requested of your decision to select an arbitration organization. If you fail to notify us, then we
have the right to select an arbitration organization. The parties to such dispute will be governed by
the rules and procedures of such arbitration organization applicable to consumer disputes, to the
extent those rules and procedures do not contradict the express terms of this Arbitration Provision,
including the limitations on the arbitrator below. You may obtain‘a copy of the rules and
procedures by contacting the arbitration organization listed above.
4. Regardless of who demands arbitration, at your request we will pay your portion of the
arbitration expenses, including the filing, administrative, hearing and arbitrator's fees (“Arbitration
Fees"). Throughout the arbitration, each party shall bear his or her own attorney's fees and
expenses, such as witness and expert witness fees. The arbitrator shall apply applicable
substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor
claims of privilege recognized at law. The arbitration hearing will be conducted in the county of
your residence. The arbitrator may decide, with or without a hearing, any motion that is
substantially similar to a motion to dismiss for failure to state a claim or a motion for summary
judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal orstate rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may
award statutory damages and/or reasonable attorney's fees and expenses. If the arbitrator renders
a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration
Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a
written explanation for the award. The arbitrator's award may be filed with any court having
jurisdiction.
5. All parties, including related third parties, shall retain the right to seek adjudication in a small
claims tribunal in the county of your residence for disputes: within the scope of such tribunal's
jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims
tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims
tribunal shall be resolved by binding arbitration.
6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and
shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over
this transaction finds, for any reason, that the FAA does not apply to this transaction, then our
agreement to arbitrate shall be governed by the arbitration law of the State of California.
7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and
assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and
related third parties. This Arbitration Provision continues in full force and effect, even if your
obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives
any cancellation, termination, amendment, expiration or performance of any transaction between
you and us and continues in full force and effect unless you and we otherwise agree in writing. If
any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
OPT-OUT PROCESS
You may choose to opt out of the Arbitration Provision, but only by following the process set-forth
below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in
writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration
Opt-Out, LoanMe, Inc., 1900 S. State College Blvd., Suite 300, Anaheim, CA 92806. Your written
notice must include your name, address, account number or social security number and a
statement that you wish to opt out of this Arbitration Provision.
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND
AGREE TO BE BOUND TO ITS TERMS.
Payments. You have previously authorized and requested us to initiate an automated
clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your
Application (the "Bank Account") to make each payment required hereunder on the day it is due.
You also authorize us to initiate an EFT to or from the Bank Account to correct any erroneous
payment and, in the event any EFT is unsuccessful, to attempt such payment up to two additional
times. You understand that unsuccessful EFTs may result in charges by your bank, and you agree
that we are not liable for such charges. We will notify you 10 days prior to any given transfer if the
amount to be transferred varies by more than $50 from your regular payment amount. You also
authorize us to withdraw funds from your account on additional days throughout the month in the
event you are delinquent on your loan payments. Your request and authorization for us to initiate
EFTs is entirely voluntary, and you may terminate this authorization by notifying us in writing via
fax (844-904-7368) or email (customer.service@LoanMe.com) soon enough to allow us a
reasonable opportunity to act on your termination (generally at least three business days in
advance).oo oS
. J
“ By signing this promissory note, you also authorize us to obtain payments from your Bank Account
by creating and processing paper checks (each a "Check") in place of initiating any or all of the
EFTs described above. Each Check will be in the amount of the payment that would have been
initiated as an EFT, and each Check will be dé@posited by us for processing on or after the same day
that the payment would have been initiated as an EFT. We will type your name in the signature line
of each Check, and you agree that your typed name constitutes your authorized signature. You
acknowledge that an electronic image of each Check may be created and processed as a substitute
check pursuant to the Check 21 Act. If you terminate your EFT authorization as described above,
this authorization to create Checks will also terminate. You may also cancel by notifying your
financial institution orally or in writing at least three business days before the scheduled date of
any transfer.
THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN
CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE
LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON
AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN AT
ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER, BE REQUIRED TO
PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE
PAYOFF DATE.
YOU CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION
WITH THE MAKING OF THIS LOAN.
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON
THIS LOAN. Click here to view.
YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE |
AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU
UNDERSTAND AND AGREE THAT YOUR EXECUTION OF THIS NOTE SHALL HAVE THE
SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT.
This Loan Is Made Pursuant To The California Finance Lender Law, Division 9 °
(commencing with Section 22000) of the Financial Code. FOR INFORMATION,
CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF
CALIFORNIA, LICENSE NO. 603-K061.24
25
John P. Kenosian, Bar #80261 ‘ ,
Law Offices of Kenosian & Miele, LLP
8581 Santa Monica Blvd., #17
Los Angeles, CA 90069
(888) 566-7644
Attorney for BH FINANCIAL SERVICES, LLC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
SAN FRANCISCO LIMITED CIVIL
BH FINANCIAL SERVICES, LLC , Case No.:
A Limited Liability Company
Plaintiff, DECLARATION IN SUPPORT OF REDUCED
vs. FILING FEE
GOYETTE WILLIAMS (Bus. & Prof. Code §6322.1 (c)(1))
and DOES 1 to 5, inclusive,
Defendant(s)
I, John P. Kenosian, declare:
1. | am an attorney licensed to practice before all courts of the State of California, and |
am one of the attorneys of records for BH FINANCIAL SERVICES, LLC , (herein referred to as
“Plaintiff’). This declaration is made of my own knowledge and if sworn as a witness, | would
and could testify thereto.
DECLARATION IN SUPPORT OF REDUCED FILING FEE (Bus. & Prof. Gode §6322.1 (c) (1))
Page 1 of 22. The above- entitled action and attached complaint is a claim for money damages less
than or equal to $5,000, and therefore, falls within the monetary jurisdiction of the small claims
court.
3. Plaintiff is an assignee of the debt/claim for which money is sought, and therefore is.
prohibited from filing in small claims court pursuant to C.C.P. §116.420.
4. For the reasons mentioned herein, Plaintiff, through its counsel of record, respectfully
requests a $44.00 reduction in court filing fees pursuant to Business & Professions Code
§6322.1(c)(1).
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
This declaration was executed at Los Angeles, CA on 02 MAY 2019.
John P. Kenosjag, Attorney
for: BH FINANGIAKSERYICES, LLC
DECLARATION IN SUPPORT OF REDUCED FILING FEE (Bus. & Prof. Code §6322.1 (c) (1)
Page 2 of 224
25
John P. Kenosian, Bar #80261
Law Offices of Kenosian & Miele, LLP
8581 Santa Monica Blvd., #17
Los Angeles, CA 90069
(888)566-7644
Attorney for BH FINANCIAL SERVICES, LLC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
SAN FRANCISCO LIMITED CIVIL
BH FINANCIAL SERVICES, LLC , ase No.:
A Limited Liability Company
Plaintiff,
, DECLARATION PURSUANT TO CCP 395(b)
vs.
GOYETTE WILLIAMS
and DOES 1 to 5, inclusive,
Defendant(s)
|, Steven Goldstein , declare:
1. |am the Managing Member for plaintiff,BH FINANCIAL SERVICES, LLC .
| have personal knowledge of the facts stated herein. If | were called upon to testify 1 would
competently testify as to the matters stated herein.
2. This is an obligation of the defendant for goods, services, loan or extension of credit
intended primarily for personal, family or household use under CCP 395(b).
3. The county of SAN FRANCISCO is the proper county and judicial district for the
commencement of this action because the defendant resided in this judicial district at the
time of the commencement of this action.
DECLARATION PURSUANT TO CCP 395(b)
Page 1 of 224
25
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on 02 oe , at Los Angeles, California.
WN A
ee
7 rized Agent
DECLARATION PURSUANT TO CCP 395(b)
Page 2 of 2é 4 CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, =ar number, and address): FOR COURT USE ONLY
[John P. Kenosian, Bar #80261
LAW OFFICES OF KENOSIAN & MIELE, LLP
8581 SANTA MONICA BLVD., #17
LOS ANGELES, CA 90069 i L D
: . San Fi
TeLerHoneno: 323-297-2100 ___raxno: 310-289-5177 Tanclsco County Super Court
ATTORNEY FOR (Name): BH FINANCIAL SERVICES, LLC
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO MAY 16 2019
‘STREET ADDRESS: 400 MCALLISTER ST
MAILING ADDRESS: 400 MCALLISTER ST CLERK OF TI UAT
CITY AND ZIP CODE: SAN FRANCISCO, CA 94102 BY:
BRANCH NAME: AN FRANCISCO LIMITED CIVIL
CASE NAME:BH FINANCIAL SERVICES, LLC v. GOYETTE Deputy Clark
E COVER SHEET ‘Complex Case Designation we GGG =T 9g =b 760 Ia
[J Counter [_] Joinder
(amount Gemanded is Filed with first appearance by defendant —_ | Juoce:
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
[_) unlimited
Auto Tort Contract Provisionally Complex Civil Litigation
[J Auto (22) (__] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
CL) Uninsured motorist (46) x] Rule 3.740 collections (09) [J antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property {__] other Collections (09) Construction defect (10)
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40)
[asbestos (04). [1] other contract (37) [} securities litigation (28)
(_] Product liability (24) Real Property [J Environmental/Toxic tort (30)
[__] Medical malpractice (45) Insurance coverage claims arising from the
FJ other pvppwo (23) Eminent domain/inverse above listed provisionally complex case
condemnation (14) types (41)
Non-Pl/PD/WD (Other) Tort []_ Wrongful eviction (33)
[__] Business tortunfair business practice (07) [=] Other real property (26) Enforcement of Judgment
[_] civil rights (08) Unlawful Detainer [J Enforcement of judgment (20)
[__] Defamation (13) [J Commercial (31) Miscellaneous Civil Complaint
[_] Fraud (16) [To] Residential (32) [J Rico 27)
[J intellectual property (19) F]_ Dngs 8) Other complaint (not specified above) (42)
[Professional negligence (25) Judicial Review Miscellaneous Civil Petition
[) Other non-PI/PDWD tort (35) (J Asset forfeiture (05) chy Partnership and corporate governance (21)
Employment (__] Petition re: arbitration award (11) [___] Other petition (not specified above) (43)
[[_] Wrongful termination (36) [_] writ of mandate (02)
[__] Other employment (15) (-_] _ Other judicial review (39)
2. Thiscase [_] is [x] isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. Large number of separately represented parties d. [__] Large number of witnesses
b. [__] Extensive motion practice raising difficult or novel e. [__] Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. [__] Substantial amount of documentary evidence f. [__] Substantial postjudgment judicial supervision
3. Remedies sought (check ail that apply): a. [x] monetary b. [__] nonmonetary; declaratory or injunctive relief c. [—] punitive
4. Number of causes of action (specify): TWO: BREACH OF CONTRACT/COMMON COUNTS
5. This case Cc is Gd isnot aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form 5).
Date: May 2, 2019
John P. Kenosian, Bar #80261 »
(TYPE OR PRINT NAME) (SIGNATURE OF PARFY OR ATTORNEYEOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except smgall claims cages or cases filed
under ine Probate Code, Family Code, or Welfare and Institutions Code), tear Rules of Court, ri .220,) Failure to file may result}
in sanctions.
@ File this cover sheet in addition to any cover sheet required by local court rule. .
@ If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
@ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes ONY.
Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3 400-3.403. 3.740;
Judicial Council of California CIVIL CASE COVER SHEET Gal Standards of Juccal Administration, std 3.1C
(CM-010 [Rev. July 1, 2007]¢
_* INSTRUCTIC ONHOWTO COMPLETE THE COVER ‘ET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete’and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its
counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collection Cases. A “collection case” under rule 3.740 is defined as an action for recovery of money owed
In a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment.
The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service
requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject
to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
Auto Tort
Auto (22)-Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PI/PD/WD (Personal Injury/
Property Damage/Wrongful Death)
ol
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PDAWD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PD/AWD.
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PVPD/WD
Non-Pl/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongtul eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract ’37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential.)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
insurance Coverage Claims
(arising from provisionally
complex case type listed above)
1
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes.
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment) -
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Complaint
(non-tortfnon-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition (not specified above)
(43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief from Late
Claim
Other Civil Petition
CM-010 [Rev. July, 2007]
CIVIL CASE COVER SHEET
Page 2 of 2
Preview
SUM-100 . S_ IMONS (SOLO PARA USO DE LA CORTE) ‘ (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): GOYETTE WILLIAMS . " and Does 1 to 5 inclusive. YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): BH FINANCIAL SERVICES, LLC , A Limited Liability Company NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone cail will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gow/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. JAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versién. Lea Ja informacion a continuaci6n. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en Ia corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en Ia corte que le quede mas cerca. Si no puede pagar la cuota de presentacién, pida al secretario de la corte que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, * (www. lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con Ia corte o e! colegio de abogados Jocales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: ‘CASE NUMBE (El nombre y direccién de Ia corte es): OND oS - 5 7 6 0 SUPERIOR COURT OF CALIFORNIA SAN FRANCISCO COUNTY 4 400 MCALLISTER ST SAN FRANCISCO, CA 94102 SAN FRANCISCO LIMITED CIVIL DISTRICT The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el numero de teléfono del abogado del demandante, o de! demandante que no tiene abogado, es): Law Offices of Kenosian & Miele, LLP — tel (888) 566-7644 fax (310) 289-5177 John P. Kenosian, Bar #80261 8581 Santa Monica Blvd., #17 Los Angeles, CA 90069 (reonay MAY 16 2019 CLERK OF RNB GOUAT (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba_de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. (]as an individual defendant. : 2. [Jas the person sued under the fictitious name of (specify): ee , Deputy ULOWiL" (Adjunto) 3. [on behalf of (specify): under: Cccp 416.10 (corporation) Cccp 416.60 (minor), [CCP 416.20 (defunct corporation) U1 ccp 416.70 (conservatee) (1 ccP 416.40 (association or partnership) C1 cep 416.90 (authorized person) U other (specify): - 4. [by personal delivery on (date): a. Page 1 of 1 Form Adopted for Mandatory Use +, Code of Civil Procedure §§ 412.20, 465 Judicial Couneil of California SUMMONS ‘winy courtinfo.ca.gov ‘SUM-100 (Rev. July 1, 2009]John P. Kenosian, Bar #80261 Law Offices of Kenosian & Miele, LLP: . ¥ Ey D 8581 Santa Monica Blvd., #17 ; Los Angeles, CA 90069 . Ee vaisea County Superior Come Phone (888)566-7644 : / Fax (310)289-5177 {aay 16 2018 oueR OFT OURT Attorney for BH FINANCIAL SERVICES, LLC BYE Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO SAN FRANCISCO LIMITED BH FINANCIAL SERVICES, LLC , Case No: 6084. 9 5760 Ar A Limited Liability Company Plaintiff, vs. (COMPLAINT GOYETTE WILLIAMS 1. BREACH OF CONTRACT and DOES 1 to 5, inclusive, 2. COMMON COUNTS Defendant(s) Demand DOES NOT EXCEED $10,000.00 Plaintiff BH FINANCIAL SERVICES, LLC (‘Plaintiff’) alleges causes of action against defendant(s) GOYETTE WILLIAMS (“Defendant”) and Does 1 to 5 inclusive as follows: Preliminary Facts 1. Plaintiff is and was at all times herein mentioned A Limited Liability Company . 2. Defendant is a natural person. , 3. As used herein the singular form of a word includes the plural, and the plural form Complaint -1- BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMSincludes the singular. The gender form of a word includes all other genders. 4. Defendants, Does 1 to 5 are sued under fictitious names, their true names being unknown to the Plaintiff and Plaintiff will ask leave of the court to amend its complaint when thein true names are ascertained. Each fictitiously named defendant is in some way responsible for the occurrences alleged herein and proximately caused the damages prayed for in this complaint. Each named and Doe defendant was acting as the agent, employee or with the authority of the other defendants. : 5. This is the proper court because Plaintiff is informed and believes that the Defendant resided in this jurisdictional district at the time of filing of this complaint. 6. Plaintiff is a debt buyer. 7. The nature of the underlying debt stems from the issuance of a LOANME, INC loan account number ending in XXX416 (hereinafter “Account”) to Defendant, and Defendant’s failure to repay the remaining balance due, resulting in a default by the Defendant. 8. Prior to filing this lawsuit, Plaintiff acquired sole ownership of the debt at issue, or has authority to assert the rights of all owners of the debt. 9. Plaintiff alleges that: (a) The debt balance at charge-off was $2284.39. (b) The amount of post-charge-off interest is $533.23. (c) The amount of post-charge-off fees is $0.00. : The amounts set forth in this paragraph are exclusive of amounts that may be recovered under Civil Code of Procedure §§ 1033 or 1033.5 relating to the recovery of costs in an action. 10. The date of the last payment was on or about 05-16-17. 11. The name and an address of the charge-off creditor at the time of charge-off: LOANME, INC 1900 S. STATE COLLEGE BLVD., STE. 300 ANAHEIM, CA. 92806. The last three digits Complaint -2- BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMS}of the charge-off creditor’s account number associated with the debt at the time of charge-off was XXX416. ‘ ‘ 12. The name and last known address of the Defendant as they appeared in the charge-off creditor’s records prior to the sale of the debt was GOYETTE WILLIAMS, 2018 KEITH ST SAN FRANCISCO, CA 94124. 13. The name and addresses of all post charge-off purchasers of the debt are as follows: DEBT MANAGEMENT PARTNERS, LLC 200 JOHN JAMES AUDUBON PKWY STE 102 AMHERST, NY 14228 BH FINANCIAL SERVICES, LLC 8581 SANTA MONICA BLVD. #552 LOS ANGELES, CA 90069 14. Plaintiff has complied with California Civil Code § 1788.52. 15. This action is an obligation subject to Code of Civil Procedure § 395 (b), for goods, loans or extensions of credit intended primarily for personal, family or household use, other than an obligation described in California Civil Code § 1812.10 or California Civil Code § 2984.4. 16. This action does not fall under the Unruh Act, California Civil Code § 1801, or under the Rees-Levering Motor Vehicle Sales and Finance Act, California Civil Code § 2981. 17. The above statements apply to each of the following causes of action. FIRST CAUSE OF ACTION - BREACH OF CONTRACT 18. On or about 09-21-15, Defendant entered into a Promissory Note and Disclosure Statement with LOANME, INC for the issuance of a loan. The Promissory Note and Disclosure Statement was executed via certified digital software pursuant to the Electronic Signatures in Global and National Commerce Act (E-Sign Act). By the terms of the Promissory Note and Disclosure Statement, LOANME, INC loaned to Defendant, a sum of money under loan now bearing account number ending XXX416 (the “Account”). Defendant promised to pay LOANME, Complaint -3- BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMS24 25 INC all sums loaned with interest, fees and charges. A true and correct copy of the LOANME, INC Promissory Note and Disclosure Statement is attached as Exhibit "A." 19. Subsequently, the Defendant defaulted by failing to pay the minimum monthly payments that were due. 20. Plaintiff and LOANME, INC have done everything required of each to be done and each performed all their obligations to Defendant, except those obligations the Plaintiff and LOANME, INC were prevented from doing or excused from doing. 21. The Defendant left due and owing the outstanding principal balance of $2284.39. 22. Damages were suffered both legally and proximately caused by Defendant's breach of LOANME, INC Promissory Note and Disclosure Statement in that Defendant left due and owing| the outstanding principal balance of $2284.39 with interest thereon. Although demand has been made, the amount prayed for is due, owing and unpaid from Defendant. SECOND CAUSE OF ACTION — OPEN BOOK 23. Plaintiff re-alleges and incorporates herein the foregoing paragraphs of this complaint. 24. At the Defendant’s direction or authorization, funds were lent by LOANME, INC to and for the benefit of Defendant. 25. Defendant became indebted to LOANME, INC on an open book account. 26. At all relevant times, Plaintiff has had sole ownership of the debt at issue, or has the authority to assert the rights of all owners of the debt. 27. Plaintiff has made a demand on the Defendant for payment of the open book account. There is now due, owing and unpaid from the Defendant the outstanding principal sum of $2284.39, plus interest thereon. Complaint -4- BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMS|24 25 THIRD CAUSE OF ACTION —- ACCOUNT STATED 28. Plaintiff re-alleges and incorporates herein the foregoing paragraphs of this complaint. 29. Defendant became indebted to LOANME, INC , on an account stated whereby Defendant and LOANME, INC agreed that the amount stated in the account was the correct amount owed to LOANME, INC . 30. Defendant is in default in that Defendant has failed to pay the outstanding balance due. 31. At all relevant times, Plaintiff has had sole ownership of the debt at issue, or has the authority to assert the rights of all owners of the debt. 32. Plaintiff has made a demand on the Defendant for payment of the account stated. There is now due, owing and unpaid from the Defendant the outstanding principal sum of $2284.39, plus interest thereon. \ \ \ Complaint -5- BH FINANCIAL SERVICES, LLC vs. GOYETTE WILLIAMSPRAYER WHEREFORE, as to all causes of action, Plaintiff prays for judgment as follows: (a) Damages of $2284.39; (b) Prejudgment interest at the rate of ten percent (10%) per annum from and after 05-16-17 to the date.of entry of judgment; (c) Attorney's fees according to proof, (d) Costs of suit; and (e) For such other relief as is fair, just and equitable. Dated: May 2, 2019 By: nw John P. Teens epee Complaint -6- BH FINANCIAL SERVICES, LLC vs, GOYETTE WILLIAMS}Exhibit ALOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT Loan No! __ _ 416 . Date of Note: September 20, 2015 . Expected Funding Date: September 21, 2015 Lender: LoanMe, Inc. Borrower: GOYETTE WILLIAMS Address: 1900 S. State College Boulevard | Address: 2018 KEITH STREET Suite 300 SAN FRANCISCO, CA Anaheim, CA 92806 94124 In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your" mean the person signing as a borrower. "We," "us,", and “our,” mean LoanMe, Inc. and any subsequent holder of this Note. TRUTH IN LENDING ACT DISCLOSURE STATEMENT ANNUAL PERCENTAGE RATE ean 5 : FINANCED TOTAL OF PAYMENTS . The dollar amount The amount of | The amount you will have The cost of your credit 98 | the credit will cost | credit provided to | paid after all payments are yearly you you made as scheduled 138.58 % $11,412.12 $2,525.00 $13,937.12 PAYMENT SCHEDULE One payment of $391.96 on November 01, 2015. 46 monthly payments of $294.46 beginning on December 01, 2015. Late Charge: If a payment is more than 15 days late, you will be charged $15.00. Prepayment: If you pay off this loan early, you will not have to pay any penalty. Please see the remainder of this document for additional information about nonpayment, default and any required repayment in full before the scheduled date. ITEMIZATION OF AMOUNT FINANCED Amount Financed: . . $2,525.00Amount Paid to Borrower Directly: $2,525.00 Prepaid Finance Charge/Origination Fee: |$75.00 This Note is in original format an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations, and that the one, true original Note is retained electronically by us. All other versions hereof, whether electronic or in tangible format, constitute facsimiles or reproductions only. FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this Note the sum of $2,600.00, together with interest calculated at 135.00 % and any outstanding charges or late fees, until the full amount of this Note is paid. Your payments will be applied first to any outstanding charges or late fees, then to earned interest and finally to principal. The payment schedule disclosed above is only an estimate and may change in the event you do not make all payments as scheduled. Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated by dividing the annual Interest Rate disclosed above by 360, multiplying that number by the outstanding principal balance, and multiplying that number by the number of days the principal balance is outstanding, assuming that each full month is comprised of 30 days. You may prepay all or any part of the principal at any time without penalty. You will be subject to a fee of $15 if any payment you make is returned for non-sufficient funds. You agree that all payments not made within fifteen (15) days of the due date shall be subject to a late fee of $15.00. The origination fee included in the prepaid finance charge/origination fee disclosed above is fully earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and is not considered interest. This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State of California. You have previously consented to receive all communications from us, including but not limited to, all required disclosures via electronic mail. This means that all communications from us will be delivered in electronic form. You. understand and agree that we may obtain credit reports on you an ongoing basis as long as this loan remains in effect. You also authorize us to report information concerning your account to credit bureaus. You understand that, from time to time, we may monitor or record telephone calls between you and us. You hereby consent to have your calls monitored or recorded. You agree that in the event we need to contact you to discuss your account or the repayment of ° your loan, we may telephone you at any number, including any cell phone number provided or obtained, and that we may leave an autodialed or prerecorded message or use other technology to make that contact or to communicate to you the status of your account. You may cancel this consent by providing us with notice. A married or registered domestic partner applicant may apply for a separate account. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be* submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If we take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy ef your consumer credit report from the consumer reporting agency who furnished us your consumer credit report and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to dispute the accuracy or completeness of any information in a.consumer credit report furnished by the consumer credit reporting agency. This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. Any modifications to this Agreement must be made in writing and signed by both parties. If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace period, to declare this Note to be immediately due and payable. If you file for an assignment for the benefit of creditors, bankruptcy, or for relief under any provisions of the United States . Bankruptcy Code, we shall have the right to declare this Note to be immediately due and payable. In the event that we are required to employ an attorney at law to collect any amounts due under this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or to take any other action required to collect the amounts due hereunder. ARBITRATION PROVISION GOVERNING LAW. This Note will be governed by the laws of the State of California except to the extent governed by federal law. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 ("FAA"). WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the Loan Agreement, the information you gave us before entering into this Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third- party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted onyour behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. 1. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES. 2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. 3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. The parties may also agree to select an arbitrator who. resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain‘a copy of the rules and procedures by contacting the arbitration organization listed above. 4. Regardless of who demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees (“Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorney's fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal orstate rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorney's fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction. 5. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes: within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. 6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of California. 7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect. OPT-OUT PROCESS You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration Opt-Out, LoanMe, Inc., 1900 S. State College Blvd., Suite 300, Anaheim, CA 92806. Your written notice must include your name, address, account number or social security number and a statement that you wish to opt out of this Arbitration Provision. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE BOUND TO ITS TERMS. Payments. You have previously authorized and requested us to initiate an automated clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your Application (the "Bank Account") to make each payment required hereunder on the day it is due. You also authorize us to initiate an EFT to or from the Bank Account to correct any erroneous payment and, in the event any EFT is unsuccessful, to attempt such payment up to two additional times. You understand that unsuccessful EFTs may result in charges by your bank, and you agree that we are not liable for such charges. We will notify you 10 days prior to any given transfer if the amount to be transferred varies by more than $50 from your regular payment amount. You also authorize us to withdraw funds from your account on additional days throughout the month in the event you are delinquent on your loan payments. Your request and authorization for us to initiate EFTs is entirely voluntary, and you may terminate this authorization by notifying us in writing via fax (844-904-7368) or email (customer.service@LoanMe.com) soon enough to allow us a reasonable opportunity to act on your termination (generally at least three business days in advance).oo oS . J “ By signing this promissory note, you also authorize us to obtain payments from your Bank Account by creating and processing paper checks (each a "Check") in place of initiating any or all of the EFTs described above. Each Check will be in the amount of the payment that would have been initiated as an EFT, and each Check will be dé@posited by us for processing on or after the same day that the payment would have been initiated as an EFT. We will type your name in the signature line of each Check, and you agree that your typed name constitutes your authorized signature. You acknowledge that an electronic image of each Check may be created and processed as a substitute check pursuant to the Check 21 Act. If you terminate your EFT authorization as described above, this authorization to create Checks will also terminate. You may also cancel by notifying your financial institution orally or in writing at least three business days before the scheduled date of any transfer. THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER, BE REQUIRED TO PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE PAYOFF DATE. YOU CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION WITH THE MAKING OF THIS LOAN. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON THIS LOAN. Click here to view. YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE | AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU UNDERSTAND AND AGREE THAT YOUR EXECUTION OF THIS NOTE SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT. This Loan Is Made Pursuant To The California Finance Lender Law, Division 9 ° (commencing with Section 22000) of the Financial Code. FOR INFORMATION, CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA, LICENSE NO. 603-K061.24 25 John P. Kenosian, Bar #80261 ‘ , Law Offices of Kenosian & Miele, LLP 8581 Santa Monica Blvd., #17 Los Angeles, CA 90069 (888) 566-7644 Attorney for BH FINANCIAL SERVICES, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO SAN FRANCISCO LIMITED CIVIL BH FINANCIAL SERVICES, LLC , Case No.: A Limited Liability Company Plaintiff, DECLARATION IN SUPPORT OF REDUCED vs. FILING FEE GOYETTE WILLIAMS (Bus. & Prof. Code §6322.1 (c)(1)) and DOES 1 to 5, inclusive, Defendant(s) I, John P. Kenosian, declare: 1. | am an attorney licensed to practice before all courts of the State of California, and | am one of the attorneys of records for BH FINANCIAL SERVICES, LLC , (herein referred to as “Plaintiff’). This declaration is made of my own knowledge and if sworn as a witness, | would and could testify thereto. DECLARATION IN SUPPORT OF REDUCED FILING FEE (Bus. & Prof. Gode §6322.1 (c) (1)) Page 1 of 22. The above- entitled action and attached complaint is a claim for money damages less than or equal to $5,000, and therefore, falls within the monetary jurisdiction of the small claims court. 3. Plaintiff is an assignee of the debt/claim for which money is sought, and therefore is. prohibited from filing in small claims court pursuant to C.C.P. §116.420. 4. For the reasons mentioned herein, Plaintiff, through its counsel of record, respectfully requests a $44.00 reduction in court filing fees pursuant to Business & Professions Code §6322.1(c)(1). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This declaration was executed at Los Angeles, CA on 02 MAY 2019. John P. Kenosjag, Attorney for: BH FINANGIAKSERYICES, LLC DECLARATION IN SUPPORT OF REDUCED FILING FEE (Bus. & Prof. Code §6322.1 (c) (1) Page 2 of 224 25 John P. Kenosian, Bar #80261 Law Offices of Kenosian & Miele, LLP 8581 Santa Monica Blvd., #17 Los Angeles, CA 90069 (888)566-7644 Attorney for BH FINANCIAL SERVICES, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO SAN FRANCISCO LIMITED CIVIL BH FINANCIAL SERVICES, LLC , ase No.: A Limited Liability Company Plaintiff, , DECLARATION PURSUANT TO CCP 395(b) vs. GOYETTE WILLIAMS and DOES 1 to 5, inclusive, Defendant(s) |, Steven Goldstein , declare: 1. |am the Managing Member for plaintiff,BH FINANCIAL SERVICES, LLC . | have personal knowledge of the facts stated herein. If | were called upon to testify 1 would competently testify as to the matters stated herein. 2. This is an obligation of the defendant for goods, services, loan or extension of credit intended primarily for personal, family or household use under CCP 395(b). 3. The county of SAN FRANCISCO is the proper county and judicial district for the commencement of this action because the defendant resided in this judicial district at the time of the commencement of this action. DECLARATION PURSUANT TO CCP 395(b) Page 1 of 224 25 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 02 oe , at Los Angeles, California. WN A ee 7 rized Agent DECLARATION PURSUANT TO CCP 395(b) Page 2 of 2é 4 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, =ar number, and address): FOR COURT USE ONLY [John P. Kenosian, Bar #80261 LAW OFFICES OF KENOSIAN & MIELE, LLP 8581 SANTA MONICA BLVD., #17 LOS ANGELES, CA 90069 i L D : . San Fi TeLerHoneno: 323-297-2100 ___raxno: 310-289-5177 Tanclsco County Super Court ATTORNEY FOR (Name): BH FINANCIAL SERVICES, LLC ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO MAY 16 2019 ‘STREET ADDRESS: 400 MCALLISTER ST MAILING ADDRESS: 400 MCALLISTER ST CLERK OF TI UAT CITY AND ZIP CODE: SAN FRANCISCO, CA 94102 BY: BRANCH NAME: AN FRANCISCO LIMITED CIVIL CASE NAME:BH FINANCIAL SERVICES, LLC v. GOYETTE Deputy Clark E COVER SHEET ‘Complex Case Designation we GGG =T 9g =b 760 Ia [J Counter [_] Joinder (amount Gemanded is Filed with first appearance by defendant —_ | Juoce: exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: [_) unlimited Auto Tort Contract Provisionally Complex Civil Litigation [J Auto (22) (__] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) CL) Uninsured motorist (46) x] Rule 3.740 collections (09) [J antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property {__] other Collections (09) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) [asbestos (04). [1] other contract (37) [} securities litigation (28) (_] Product liability (24) Real Property [J Environmental/Toxic tort (30) [__] Medical malpractice (45) Insurance coverage claims arising from the FJ other pvppwo (23) Eminent domain/inverse above listed provisionally complex case condemnation (14) types (41) Non-Pl/PD/WD (Other) Tort []_ Wrongful eviction (33) [__] Business tortunfair business practice (07) [=] Other real property (26) Enforcement of Judgment [_] civil rights (08) Unlawful Detainer [J Enforcement of judgment (20) [__] Defamation (13) [J Commercial (31) Miscellaneous Civil Complaint [_] Fraud (16) [To] Residential (32) [J Rico 27) [J intellectual property (19) F]_ Dngs 8) Other complaint (not specified above) (42) [Professional negligence (25) Judicial Review Miscellaneous Civil Petition [) Other non-PI/PDWD tort (35) (J Asset forfeiture (05) chy Partnership and corporate governance (21) Employment (__] Petition re: arbitration award (11) [___] Other petition (not specified above) (43) [[_] Wrongful termination (36) [_] writ of mandate (02) [__] Other employment (15) (-_] _ Other judicial review (39) 2. Thiscase [_] is [x] isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. [__] Large number of witnesses b. [__] Extensive motion practice raising difficult or novel e. [__] Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. [__] Substantial amount of documentary evidence f. [__] Substantial postjudgment judicial supervision 3. Remedies sought (check ail that apply): a. [x] monetary b. [__] nonmonetary; declaratory or injunctive relief c. [—] punitive 4. Number of causes of action (specify): TWO: BREACH OF CONTRACT/COMMON COUNTS 5. This case Cc is Gd isnot aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form 5). Date: May 2, 2019 John P. Kenosian, Bar #80261 » (TYPE OR PRINT NAME) (SIGNATURE OF PARFY OR ATTORNEYEOR PARTY) NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except smgall claims cages or cases filed under ine Probate Code, Family Code, or Welfare and Institutions Code), tear Rules of Court, ri .220,) Failure to file may result} in sanctions. @ File this cover sheet in addition to any cover sheet required by local court rule. . @ If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. @ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes ONY. Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3 400-3.403. 3.740; Judicial Council of California CIVIL CASE COVER SHEET Gal Standards of Juccal Administration, std 3.1C (CM-010 [Rev. July 1, 2007]¢ _* INSTRUCTIC ONHOWTO COMPLETE THE COVER ‘ET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete’and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collection Cases. A “collection case” under rule 3.740 is defined as an action for recovery of money owed In a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) ol Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PDAWD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/AWD. (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PVPD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongtul eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract ’37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential.) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) insurance Coverage Claims (arising from provisionally complex case type listed above) 1 Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes. Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) - Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tortfnon-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-010 [Rev. July, 2007] CIVIL CASE COVER SHEET Page 2 of 2