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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-15-2016 10:05 am
Case Number: CGC-16-553053
Filing Date: Jul-15-2016 10:02
Filed by: DAVID YUEN
Image: 05474826
COMPLAINT
LOANME, INC., ANEVEDA CORPORATION VS. MATTHEW J. WILDER ET AL
001005474826
Instructions:
Please place this sheet on top of the document to be scanned.SUM is oO SUM-100
FOR ‘USE ONLY
(CITACION JUDICIAL) (SOL PARA USO DELACORTE)
NOTICE TO DEFENDANT: MATTHEW J. WILDER, an individual; and
(AVISO AL DEMANDADO): DOES | through 10, inclusive,
YOU ARE BEING SUED BY PLAINTIFF:
LO ESTA DEMANDANDO EL DEMANDANTE):
YANME, INC., a Nevada corporation,
| 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 call 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 (wivw.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 attomey
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.gov/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.
IAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informaci6n &
continuacién
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 la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y més informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en la corte que le quede més cerca. ‘Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podré
Hay otros requisitos legales. Es recomendable que lame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede ‘a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
——|
name and address of the court is: CASE NUMBER:
(El nombre y direccién de la corte es):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
400 McAllister St.
Si
San Francisco, CA 94102-4515
CIVIC CENTER COURTHOUSE
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direcci6n y el nimero de teléfono de! abogado de! demandante, o del demandante que no tiene abogado, es):
David W. Brody, CSB 112373 (619) 546-9200 (619) 546-
LAW OFFICES OF DAVID W. BRODY
1350 Columbia Street, Suite 403
San Diego, CA 92101 CLERK DAVID W. YUEN
DATE: OF Clerk, by , Deputy
(Fecha) JUL 1 5 2016 THE COURT (Secretario) (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
1. as an individual defendant.
2. as the person sued under the fictitious name of (specify):
3. on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
[__] CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416.90 (authorized person)
other (specify):
4. by personal delivery on (date): Page tof 4
rosa Canctetcaltonia SUMMONS sie Code ot Gv Procedure 55 412.20, 465
‘SUM-100 [Rev. July 1, 2009) (@ ORIGINALC0 woe N DH HW F&F YY Nn
v vv mb oN NR NR YN Boe eee ee
BNRRRPBRBRHRBS Ge ADABDREEH HK S
| °
David W. Brody, CSB 112373
Nathan R. Berkeley, CSB 263678
Kenneth R. Shemvell Soe ODY
LAW OFFICES OF DAVID W. B!
1350 Columbia Street, Suite 403 F sypaton coutioh Calionne
San Diego, California 92101 ounty ©
Telephone: (619) 546-9200 wet 5 2016
Facsimile: (619) 546-9270
E-mail: dbrody@brody-law.com CLERKOF THe COURT
Attorneys for Plaintiff BY: uty Clerk
LOANME, INC.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
CIVIC CENTER COURTHOUSE
LOANME, INC., a Nevada corporation, CASE NO. Cac . 1 6 5 5 3 0 5 3
COMPLAINT FOR:
(1) BREACH OF CONTRACT;
(2) MONEY LENT; AND
)
Plaintiff
(3) MONEY HAD AND RECEIVED.
)
)
)
)
Vv.
MATTHEW J. WILDER, an individual; and
DOES 1 through 10, inclusive,
Defendants.
UNLIMITED CIVIL CASE
Plaintiff LOANME, INC., a Nevada corporation (“Plaintiff”), complains and alleges as
follows:
ALI TIO! MMi SE! ACT!
1. At all times herein mentioned, Plaintiff was and is a corporation duly organized and
existing under and by virtue of the laws of the State of Nevada, licensed to do business in California,
maintaining its principal place of business at 1900 South State College Blvd., Suite 300, Anaheim,
California 92806.
2. Plaintiff is informed and believes and thereon alleges that at all times herein
mentioned, Defendant MATTHEW J. WILDER (the “Defendant”) was and is an individual residing
at 243 Divisadero Street, San Francisco, California 94117.
11
//1
1 ORIGINAL
Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and Received0 Oe ND HW FF WN
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3. Venue is proper because the Defendant resides within the jurisdictional boundaries
of this court. Additionally, the agreements between Plaintiff and the Defendant were entered into and
to be performed within the jurisdictional boundaries of this court.
4, The true names and capacities, whether individual, corporate, associate, or otherwise,
of Defendants DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues said
Defendants by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each
of the Defendants designated herein as a fictitiously named Defendants, in some manner, responsible
for the events and happenings herein referred to, either contractually or tortiously, and caused the
damage to the Plaintiff as herein alleged, and Plaintiff will amend this complaint to allege such true
names and capacities when same are ascertained.
5. Atall times herein mentioned, each of the Defendants was and is the agent, servant,
and employee of each of the other Defendants, and all of the things alleged to have been done by said
Defendants were done in the capacity of, and as agent of, the other Defendants.
FIRST CAUSE OF ACTION
(Breach of Contract Against the Defendant,
and DOES 1 through 10, inclusive)
6. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 5, inclusive, of Plaintiff's complaint and incorporates the same herein by reference.
7. On or about December 27, 2015, the Defendant executed a Promissory Note and
Disclosure Statement (the “Note”) in favor of Plaintiff wherein the Defendant promised to pay
Plaintiff the principal amount of $40,000.00, plus continuing interest. The Note required the
Defendant to make one payment of $754.23 on February 1, 2016. Thereafter, the Note required the
Defendant to make continuing monthly payments in the amount of $670.23, commencing March 1,
2016, and continuing on the first successive day of each month thereafter for a term of one hundred
seventy-nine (179) months. A true and correct copy of the Note is attached hereto as Exhibit “A” and
incorporated herein by this reference.
8. Plaintiff has performed all of the conditions, covenants, and agreements on its part
to be performed in accordance with the terms of the Note.
2
Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and Receivedoo YN DW FF WN
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9. The Defendant breached the terms of the Note by failing to make the full monthly
payment due on April 1, 2016, and each consecutive month thereafter.
10. _ Plaintiffhas declared the entire unpaid balance in the principal amount of $39,918.91
plus accrued interest thereon, late charges, and other reasonable charges, all due and payable and has
notified the Defendant of same.
11. Despite demand, the Defendant has failed and refused, and continues to fail and
refuse, to pay the full amount due and owing on the Note.
12. The Note provides that the Defendant will pay all costs and expenses, including
reasonable attorneys’ fees, incurred by Plaintiff in exercising any of its rights or remedies under the
Note.
ECO! AUS) ACTI
(Money Lent Against the Defendant,
and DOES 1 through 10, inclusive)
13. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 5, inclusive, of Plaintiff's complaint and incorporates the same herein by reference.
14. Within the last four years, the Defendant became indebted to Plaintiff in the principal
sum of $39,918.91 for money lent to the Defendant by Plaintiff.
15. There is now due and owing to Plaintiff from the Defendant the principal amount of
$39,918.91 plus accrued interest thereon, late charges, and other reasonable charges. Although demand
has been made by Plaintiff for payment of the amount due from the Defendant, he has failed and
refused, and continues to fail and refuse, to pay any such sums due and owing to Plaintiff.
THIRD CAUSE OF ACTION
(Money Had and Received Against the Defendant,
and DOES 1 through 10, inclusive)
16. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 5, inclusive, of Plaintiff's complaint and incorporates the same herein by reference.
17. Within the last four years, the Defendant became indebted to Plaintiff in the principal
sum of $39,918.91 for money had and received to the Defendant by Plaintiff.
3
Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and ReceivedCo ew NA nH FF WN
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18. There is now due and owing to Plaintiff from the Defendant the principal amount of
$39,918.91 plus accrued interest thereon, late charges, and other reasonable charges. Although demand
has been made by Plaintiff for payment of the amount due from the Defendant, he has failed and refused,
and continues to fail and refuse, to pay any such sums due and owing to Plaintiff.
WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as
follows:
T E OF ACTION A\ Ss E DOES 1 UG.
10, INCLUSIVE:
1. For the principal sum of $39,918.91 plus accrued interest thereon, late charges, and
other reasonable charges.
2. For reasonable attorneys’ fees according to proof.
iD SES OF A IN_ AGAINST THE DEFE! T
1 UGH 10. ST
3. For the principal sum of $39,918.91 plus accrued interest thereon, late charges, and
other reasonable charges.
ON ALL CAUSES OF ACTION:
4. For costs of suit herein incurred.
5. For such other and further relief as the court may deem just and proper.
Dated: F/I /20
Bi
y:
David W. Brody
Attorneys for Plaintiff, LOANME, INC.
U:\CLIENT\IDELBERT\ILOANME\WILDER\COMPLAINT.wpd
4
Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and ReceivedEXHIBIT “A”{ {
oO °
LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT
Page 1 of 4
Date of Note: December 27, 2015
Expected Funding Date: December 28, 2015
Loan No.: | ‘1248
Lender: LoanMe, Inc. Borrower: MATTHEW WILDER
Address: 1900 S, State College Boulevard Address: 243 DIVISADERO ST
Suite 300 SAN FRANCISCO, CA
94117
Anaheim, CA 92806
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
FINANCE
CHARGE
i The dollar amount
The cost oF your credit as the credit will cost
AMOUNT
FINANCED TOTAL OF PAYMENTS
The amount of | The amount you will have
ate credit provided to |paid after all payments are
29.63 % $93,925.40 | $26,800.00 | $120,728.40 |
PAYMENT SCHEDULE
One payment of $754.23 on February 01, 2016.
179 monthly payments of $670.23 beginning on March 01, 2016.
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: $26,800.00
http://intranet.app.local/LoanA dmin/Application/V: iewLoanDocument.aspx?publicLoanld... 5/19/2016( oO ( ° Page 2 of 4
|Amount Paid to Borrower Directly: $26,800.00
Prepaid Finance Charge/Origination Fee: |$13,200.00
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 $40,000.00, together with interest calculated at 18.90 % 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.
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
http://intranet.app.local/LoanAdmin/Application/V' iewLoanDocument.aspx?publicLoanld... 5/19/2016{ oO ( 0 Page 3 of 4
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 of 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.
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). 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.
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 deposited 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 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.
http://intranet.app.local/LoanAdmin/Application/ViewLoanDocument.aspx?publicLoanld... 5/1 9/2016i
( oO { 6 Page 4 of 4
YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE
gw 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.
http:/Antranet.app.local/LoanA dmin/Application/V: ‘iewLoanDocument.aspx?publicLoanld... 5/19/2016‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State r, and address):
avid W. Brody, CSB 112373
Nathan R. Berkeley, CSB 263678
LAW OFFICES OF DAVID W. BRODY
1350 Columbia Street, Suite 403
San Diego, CA 92101
‘TELEPHONE NO.: (619) 546-9200
ATTORNEY FOR (Nemo): LOANME, IN
‘SUPERIOR COURT OF CALIFORNIA, ( COUNTY OF e SAN FRANCISCO
street appress: 400 McAllister St.
MAILING ADDRESS:
cry ano zip cove: San Francisco, CA 94102-4515
pRancn name: CIVIC CENTER COURTHOUSE.
CASE NAME: LOANME, INC. v. MATTHEW J. WILDER
CIVIL CASE COVER SHEET Complex Case Designation
Fhechidiea”
JUL 15 2016
RKOF THE COURT
FAXNO.: 61%) 546-9270
(XJ Unlimited Limited Counter Joinder
(Amount. Amount dis Filed with first appearance by defendant
excaeds $25,000) ee ‘000 or less} (Cal. Rules of Court, rule 3.402) :
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:
Auto Tort. Contract Provisionally Complex Civil Litigation
Auto (22) X_] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PUPDIWD (Personal Injury/Property Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tor insurance coverage 18) Mass tort (40)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Real Property Environmental/Toxic tort (30)
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
Other PPDIWD (23) condemnation (14) above listed provisionally complex case
Non-PI/PDIWD (Other) Tort [___] Wrongful eviction (33) types (41)
Business tort/unfair business practice (07) [—! Other real property (26) Enforcement of Judgment
Civil rights (08) Untawful Detainer Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) RICO (27)
Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PI/PD/WD tort (35) Asset forfeiture (05) 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. This case is [XJ] 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
Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. (J monetary b. nonmonetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify): Three (3)
5. This case is [XJ] isnot aclass action suit.
6. If they any known related cases, file and serve a notice of related
Date: abl 2016
(TYPE OR PRINT NAME)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) 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 only.
Fo EE caer ~ GIVIL CASE COVER SHEET ae plo “Sey ules 2.20, 3220, 3.400-3.403, 374,
‘CM-010 [Rev. July 1, 2007]
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-15-2016 10:05 am Case Number: CGC-16-553053 Filing Date: Jul-15-2016 10:02 Filed by: DAVID YUEN Image: 05474826 COMPLAINT LOANME, INC., ANEVEDA CORPORATION VS. MATTHEW J. WILDER ET AL 001005474826 Instructions: Please place this sheet on top of the document to be scanned.SUM is oO SUM-100 FOR ‘USE ONLY (CITACION JUDICIAL) (SOL PARA USO DELACORTE) NOTICE TO DEFENDANT: MATTHEW J. WILDER, an individual; and (AVISO AL DEMANDADO): DOES | through 10, inclusive, YOU ARE BEING SUED BY PLAINTIFF: LO ESTA DEMANDANDO EL DEMANDANTE): YANME, INC., a Nevada corporation, | 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 call 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 (wivw.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 attomey 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.gov/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. IAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informaci6n & continuacién 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 la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y més informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede més cerca. ‘Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte que le dé un formulario de exencién de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podré Hay otros requisitos legales. Es recomendable que lame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un servicio de remisién a abogados. Si no puede ‘a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un ——| name and address of the court is: CASE NUMBER: (El nombre y direccién de la corte es): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 400 McAllister St. Si San Francisco, CA 94102-4515 CIVIC CENTER COURTHOUSE The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el nimero de teléfono de! abogado de! demandante, o del demandante que no tiene abogado, es): David W. Brody, CSB 112373 (619) 546-9200 (619) 546- LAW OFFICES OF DAVID W. BRODY 1350 Columbia Street, Suite 403 San Diego, CA 92101 CLERK DAVID W. YUEN DATE: OF Clerk, by , Deputy (Fecha) JUL 1 5 2016 THE COURT (Secretario) (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) [__] CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (authorized person) other (specify): 4. by personal delivery on (date): Page tof 4 rosa Canctetcaltonia SUMMONS sie Code ot Gv Procedure 55 412.20, 465 ‘SUM-100 [Rev. July 1, 2009) (@ ORIGINALC0 woe N DH HW F&F YY Nn v vv mb oN NR NR YN Boe eee ee BNRRRPBRBRHRBS Ge ADABDREEH HK S | ° David W. Brody, CSB 112373 Nathan R. Berkeley, CSB 263678 Kenneth R. Shemvell Soe ODY LAW OFFICES OF DAVID W. B! 1350 Columbia Street, Suite 403 F sypaton coutioh Calionne San Diego, California 92101 ounty © Telephone: (619) 546-9200 wet 5 2016 Facsimile: (619) 546-9270 E-mail: dbrody@brody-law.com CLERKOF THe COURT Attorneys for Plaintiff BY: uty Clerk LOANME, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO CIVIC CENTER COURTHOUSE LOANME, INC., a Nevada corporation, CASE NO. Cac . 1 6 5 5 3 0 5 3 COMPLAINT FOR: (1) BREACH OF CONTRACT; (2) MONEY LENT; AND ) Plaintiff (3) MONEY HAD AND RECEIVED. ) ) ) ) Vv. MATTHEW J. WILDER, an individual; and DOES 1 through 10, inclusive, Defendants. UNLIMITED CIVIL CASE Plaintiff LOANME, INC., a Nevada corporation (“Plaintiff”), complains and alleges as follows: ALI TIO! MMi SE! ACT! 1. At all times herein mentioned, Plaintiff was and is a corporation duly organized and existing under and by virtue of the laws of the State of Nevada, licensed to do business in California, maintaining its principal place of business at 1900 South State College Blvd., Suite 300, Anaheim, California 92806. 2. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, Defendant MATTHEW J. WILDER (the “Defendant”) was and is an individual residing at 243 Divisadero Street, San Francisco, California 94117. 11 //1 1 ORIGINAL Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and Received0 Oe ND HW FF WN NY N NY NN N N N NF FF S&F ee FP FF Se SF FS oa AA BF BNF SF OD ew TDD HW FF BN KF SO © 8 3. Venue is proper because the Defendant resides within the jurisdictional boundaries of this court. Additionally, the agreements between Plaintiff and the Defendant were entered into and to be performed within the jurisdictional boundaries of this court. 4, The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each of the Defendants designated herein as a fictitiously named Defendants, in some manner, responsible for the events and happenings herein referred to, either contractually or tortiously, and caused the damage to the Plaintiff as herein alleged, and Plaintiff will amend this complaint to allege such true names and capacities when same are ascertained. 5. Atall times herein mentioned, each of the Defendants was and is the agent, servant, and employee of each of the other Defendants, and all of the things alleged to have been done by said Defendants were done in the capacity of, and as agent of, the other Defendants. FIRST CAUSE OF ACTION (Breach of Contract Against the Defendant, and DOES 1 through 10, inclusive) 6. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 5, inclusive, of Plaintiff's complaint and incorporates the same herein by reference. 7. On or about December 27, 2015, the Defendant executed a Promissory Note and Disclosure Statement (the “Note”) in favor of Plaintiff wherein the Defendant promised to pay Plaintiff the principal amount of $40,000.00, plus continuing interest. The Note required the Defendant to make one payment of $754.23 on February 1, 2016. Thereafter, the Note required the Defendant to make continuing monthly payments in the amount of $670.23, commencing March 1, 2016, and continuing on the first successive day of each month thereafter for a term of one hundred seventy-nine (179) months. A true and correct copy of the Note is attached hereto as Exhibit “A” and incorporated herein by this reference. 8. Plaintiff has performed all of the conditions, covenants, and agreements on its part to be performed in accordance with the terms of the Note. 2 Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and Receivedoo YN DW FF WN we NY NY NY NY N N ND YF Ff BF Fe FP FP FP SF SF Ss oo UA A fF BoD KF SO ONY DH FF BW NHK SS © 3 9. The Defendant breached the terms of the Note by failing to make the full monthly payment due on April 1, 2016, and each consecutive month thereafter. 10. _ Plaintiffhas declared the entire unpaid balance in the principal amount of $39,918.91 plus accrued interest thereon, late charges, and other reasonable charges, all due and payable and has notified the Defendant of same. 11. Despite demand, the Defendant has failed and refused, and continues to fail and refuse, to pay the full amount due and owing on the Note. 12. The Note provides that the Defendant will pay all costs and expenses, including reasonable attorneys’ fees, incurred by Plaintiff in exercising any of its rights or remedies under the Note. ECO! AUS) ACTI (Money Lent Against the Defendant, and DOES 1 through 10, inclusive) 13. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 5, inclusive, of Plaintiff's complaint and incorporates the same herein by reference. 14. Within the last four years, the Defendant became indebted to Plaintiff in the principal sum of $39,918.91 for money lent to the Defendant by Plaintiff. 15. There is now due and owing to Plaintiff from the Defendant the principal amount of $39,918.91 plus accrued interest thereon, late charges, and other reasonable charges. Although demand has been made by Plaintiff for payment of the amount due from the Defendant, he has failed and refused, and continues to fail and refuse, to pay any such sums due and owing to Plaintiff. THIRD CAUSE OF ACTION (Money Had and Received Against the Defendant, and DOES 1 through 10, inclusive) 16. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 5, inclusive, of Plaintiff's complaint and incorporates the same herein by reference. 17. Within the last four years, the Defendant became indebted to Plaintiff in the principal sum of $39,918.91 for money had and received to the Defendant by Plaintiff. 3 Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and ReceivedCo ew NA nH FF WN mw oN NY NY NY N N NY YN SY SF KF FP SF FSF oT zs eo UA a ke BN fF SF OD Oe NDN DH F YW N = O&O © °o 18. There is now due and owing to Plaintiff from the Defendant the principal amount of $39,918.91 plus accrued interest thereon, late charges, and other reasonable charges. Although demand has been made by Plaintiff for payment of the amount due from the Defendant, he has failed and refused, and continues to fail and refuse, to pay any such sums due and owing to Plaintiff. WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as follows: T E OF ACTION A\ Ss E DOES 1 UG. 10, INCLUSIVE: 1. For the principal sum of $39,918.91 plus accrued interest thereon, late charges, and other reasonable charges. 2. For reasonable attorneys’ fees according to proof. iD SES OF A IN_ AGAINST THE DEFE! T 1 UGH 10. ST 3. For the principal sum of $39,918.91 plus accrued interest thereon, late charges, and other reasonable charges. ON ALL CAUSES OF ACTION: 4. For costs of suit herein incurred. 5. For such other and further relief as the court may deem just and proper. Dated: F/I /20 Bi y: David W. Brody Attorneys for Plaintiff, LOANME, INC. U:\CLIENT\IDELBERT\ILOANME\WILDER\COMPLAINT.wpd 4 Complaint for: (1) Breach of Contract; (2) Money Lent, and (3) Money Had and ReceivedEXHIBIT “A”{ { oO ° LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT Page 1 of 4 Date of Note: December 27, 2015 Expected Funding Date: December 28, 2015 Loan No.: | ‘1248 Lender: LoanMe, Inc. Borrower: MATTHEW WILDER Address: 1900 S, State College Boulevard Address: 243 DIVISADERO ST Suite 300 SAN FRANCISCO, CA 94117 Anaheim, CA 92806 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 FINANCE CHARGE i The dollar amount The cost oF your credit as the credit will cost AMOUNT FINANCED TOTAL OF PAYMENTS The amount of | The amount you will have ate credit provided to |paid after all payments are 29.63 % $93,925.40 | $26,800.00 | $120,728.40 | PAYMENT SCHEDULE One payment of $754.23 on February 01, 2016. 179 monthly payments of $670.23 beginning on March 01, 2016. 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: $26,800.00 http://intranet.app.local/LoanA dmin/Application/V: iewLoanDocument.aspx?publicLoanld... 5/19/2016( oO ( ° Page 2 of 4 |Amount Paid to Borrower Directly: $26,800.00 Prepaid Finance Charge/Origination Fee: |$13,200.00 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 $40,000.00, together with interest calculated at 18.90 % 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. 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 http://intranet.app.local/LoanAdmin/Application/V' iewLoanDocument.aspx?publicLoanld... 5/19/2016{ oO ( 0 Page 3 of 4 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 of 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. 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). 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. 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 deposited 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 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. http://intranet.app.local/LoanAdmin/Application/ViewLoanDocument.aspx?publicLoanld... 5/1 9/2016i ( oO { 6 Page 4 of 4 YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE gw 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. http:/Antranet.app.local/LoanA dmin/Application/V: ‘iewLoanDocument.aspx?publicLoanld... 5/19/2016‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State r, and address): avid W. Brody, CSB 112373 Nathan R. Berkeley, CSB 263678 LAW OFFICES OF DAVID W. BRODY 1350 Columbia Street, Suite 403 San Diego, CA 92101 ‘TELEPHONE NO.: (619) 546-9200 ATTORNEY FOR (Nemo): LOANME, IN ‘SUPERIOR COURT OF CALIFORNIA, ( COUNTY OF e SAN FRANCISCO street appress: 400 McAllister St. MAILING ADDRESS: cry ano zip cove: San Francisco, CA 94102-4515 pRancn name: CIVIC CENTER COURTHOUSE. CASE NAME: LOANME, INC. v. MATTHEW J. WILDER CIVIL CASE COVER SHEET Complex Case Designation Fhechidiea” JUL 15 2016 RKOF THE COURT FAXNO.: 61%) 546-9270 (XJ Unlimited Limited Counter Joinder (Amount. Amount dis Filed with first appearance by defendant excaeds $25,000) ee ‘000 or less} (Cal. Rules of Court, rule 3.402) : 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: Auto Tort. Contract Provisionally Complex Civil Litigation Auto (22) X_] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PUPDIWD (Personal Injury/Property Other collections (09) Construction defect (10) Damage/Wrongful Death) Tor insurance coverage 18) Mass tort (40) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property Environmental/Toxic tort (30) Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the Other PPDIWD (23) condemnation (14) above listed provisionally complex case Non-PI/PDIWD (Other) Tort [___] Wrongful eviction (33) types (41) Business tort/unfair business practice (07) [—! Other real property (26) Enforcement of Judgment Civil rights (08) Untawful Detainer Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PI/PD/WD tort (35) Asset forfeiture (05) 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. This case is [XJ] 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 Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. (J monetary b. nonmonetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (specify): Three (3) 5. This case is [XJ] isnot aclass action suit. 6. If they any known related cases, file and serve a notice of related Date: abl 2016 (TYPE OR PRINT NAME) NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) 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 only. Fo EE caer ~ GIVIL CASE COVER SHEET ae plo “Sey ules 2.20, 3220, 3.400-3.403, 374, ‘CM-010 [Rev. July 1, 2007]