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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-11-2017 1:13 pm
Case Number: CGC-17-558120
Filing Date: Apr-11-2017 1:10
Filed by: ROSSALY DELAVEGA
Image: 05817659
COMPLAINT
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AUTOVEST LLC VS. MARKEISHA M FREEMAN ET AL
001005817659
Instructions:
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HOLLINSLAI OP yy Peres
ATTORNEYS & Len lay
CHELSEA HOLLINS (#305229) F »
Century Centre ee,
2601 Main Street, Penthouse Suite 1300 BS Up,
Irvine, California 92614-4239 Sea
Telephone: 714.558.9119
Facsimile: 714.558.9091
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Attommey for Plaintiff, CGC ~-
AUTOVEST, LLC. 17-55810p-
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO, SAN FRANCISCO CIVIL DIVISION
2. OPEN BOOK ACCOUNT
3. ACCOUNT STATED
4. QUANTUM MERUIT
LIMITED CIVIL CASE
AND DOES 1 TO 10, INCLUSIVE,
AUTOVEST, L.L.C. ) CASE NO:
Plaintiff, } DEMAND = $8335.01
v. } COMPLAINT FOR:
)
MARKEISHA M FREEMAN; } 1, BREACH OF CONTRACT
)
)
Defendants.
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff AUTOVEST, L.L.C. complains of Defendants MARKEISHA M
FREEMAN; AND DOES 1 TO 10, INCLUSIVE (collectively “Defendants”) and would
respectfully show the following:
SERVICE
1. Plaintiff may be contacted through its undersigned attorney of record.
2. Defendant may be served at 346 HAIGHT ST, SAN FRANCISCO CA
94102.
3. Plaintiff is unaware of the true names or capacities, whether individual,
corporate, associate or otherwise of the defendants sued herein as DOES 1 to 10, inclusive,
and therefore sues there defendants by such fictitious names. Plaintiff will amend this
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complaint to show the true name and capacities of the fictitiously named Doe defendants
when Plaintiff ascertains same.
4. Prior to the filing of the within action, Universal Acceptance Corporation
(“Lender”) assigned all its rights and titles arising from the action under the agreement to
Plaintiff. A copy of the assignment is attached hereto as Exhibit “A” and incorporated
herein by reference.
5. The Plaintiff is a debt buyer.
6. The Defendants are being sued for an auto deficiency balance that is due and
owing.
7. The Plaintiff is the sole owner of the debt at issue or has the authority to
assert the rights of all owners of the debt.
8. The debt balance at charge off is $8335.01.
9. The date of default is 05/03/2016.
10. | The name and address of the original charge-off creditor is UNIVERSAL
ACCEPTANCE CORP. (CA), PO Box 398104, Edina, MN 55439-8104.
11. The name and last known address of the debtor as they appear in the charge-
off creditor’s records prior to this sale of the debt is MARKEISHA FREEMAN.
12. The names and address of all person or entities that purchased the debt after
charge off, including the plaintiff debt buyer is: Autovest, L.L.C., 26261 Evergreen Road,
Suite 390, Southfield, Michigan 48076.
13. The Plaintiff, debt buyer, has complied with Section 1788.52 of the
California Civil Code.
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VENUE
14. Venue of this action is proper in the county named above because
MARKEISHA M FREEMAN is an individual believed to be residing in said county at the
time of commencement of suit.
15. Plaintiff is, and at all times herein mentioned was, a Michigan Limited
Liability Company engaged in interstate commerce.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
AGAINST ALL DEFENDANTS
16. Plaintiff incorporates by reference paragraphs 1 through 15, inclusive, of this
Complaint as though wholly set forth herein.
17. _ Plaintiff alleges that on or about 02/01/2016, a written agreement
(“Contract”) was made between INTERSTATE AUTO GROUP, INC. (CA) dba CAR
HOP, the Seller, and Defendants, wherein Defendants purchased a 2008 PONTIAC
GRAND PRIX; VIN: 2G2WP552581124007 (hereinafter referred to as “Vehicle”), more
particularly described in said Contract, and Lender was retained to finance said purchase.
A copy of the contract is attached hereto as Exhibit “B” and incorporated herein by
reference.
18. The contract provides that if Defendants default in the performance of any of
their obligations, the Lender may repossess the vehicle and, after giving notice, sell same
and recover the remaining deficiency, if any, from Defendants.
19. On or about 05/03/2016, Defendants, and each of them, breached the
agreement by failing to make payments as they became due and owing. Thus, Lender
declared the full balance due and payable.
20. Asa result of the above-mentioned default, Lender took possession of the
vehicle and on 06/08/2016, mailed to Defendants via certified mail at the last known
address of the Defendants, a written Notice of Intent to Sell. A copy of the notice is
attached hereto as Exhibit “C” and incorporated herein by reference.
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21. Thereafter, Lender sold the vehicle at a private sale, and in a commercially
reasonable manner for the sum of $105.00. After deducting from said sum Lender’s
reasonable expenses of retaking, holding and preparing the vehicle for sale, the remaining
proceeds of sale were credited to the remaining balance of the Defendants’ obligation to
Lender.
22. — After the repossession and sale of the vehicle, there was a deficiency balance
now due and payable from Defendants to Lender in the sum of $8335.01, plus interest at
the legal rate of 10.0000% per annum.
23. Plaintiff has suffered damages legally (proximately) caused by Defendants’
breach of the agreement in the principal sum of $8335.01 which is the outstanding balance
and reasonable value now due, owing and unpaid, despite Plaintiffs demands, plus earned
interest at the rate of 10.0000%, per annum, from, on and after 07/11/2016.
24. Demand has been made on Defendants to pay the sum of $8335.01, plus
interest at the legal rate, but Defendants have failed, refused, and continues to fail and
refuse to pay said sum or any portion thereof, and the principal sum of $8335.01, remains
now due and payable to Plaintiff from Defendants together with accrued interest thereon at
the rate of 10.0000% per annum, per the written agreement from, on, and after 07/11/2016.
25. Plaintiff has performed all obligations to Defendants except those obligations
Plaintiff was prevented or excused from performing.
26. Plaintiff is entitled to reasonable attomey fees pursuant to the agreement.
SECOND CAUSE OF ACTION
OPEN BOOK ACCOUNT
AGAINST ALL DEFENDANTS
27. _ Plaintiff incorporates by reference paragraphs 1 through 26, inclusive, of this
Complaint as though wholly set forth herein.
28. As an alternative and cumulative remedy, Plaintiff alleges that within four
(4) years past, Defendants became indebted to Lender on an open book account for money
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financed by Lender to Defendants, and each of them, at Defendants’ instant and special
request.
29. Although demand for payment of the principal sum of $8335.01, plus
interest, has been made upon Defendants, and each of them, Defendants, and each of them,
have failed and refused and continue to fail and refuse to pay said sum. The principal sum
of $8335.01, remains now due, owing and unpaid from Defendants to Plaintiff, together
with interest thereon at the rate of 10.0000% per annum from, on and after 07/11/2016.
30. Plaintiff is entitled to reasonable attorney’s fees pursuant to California Civil
Code Section 1717.5, in a sum according to proof.
THIRD CAUSE OF ACTION
ACCOUNT STATED
AGAINST ALL DEFENDANTS
31. Plaintiff incorporates by reference paragraph 1 through 30, inclusive, of this
Complaint as though fully set forth herein.
32. As an alternative and cumulative remedy, Plaintiff alleges that Defendants
became indebted to Lender because an account was stated in writing by and between
Lender and Defendants in which it was agreed that Defendants were indebted to Lender for
money financed by Lender to Defendants, and each of them, at Defendants’ instant and
special request.
33. Although demand for payment of the principal sum of $8335.01, plus
interest, has been made upon Defendants, and each of them, Defendants, and each of them,
have failed and refused and continue to fail and refuse to pay said sum. The principal sum
of $8335.01, remains now due, owing and unpaid from Defendants to Plaintiff, together
with interest thereon at the rate of 10.0000% per annum from, on and after 07/11/2016.
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FOURTH CAUSE OF ACTION
JUANTUM MERUIT
AGAINST ALL DEFENDANTS
34. Plaintiff incorporates by reference paragraph 1 through 33, inclusive, of this
Complaint as though fully set forth herein.
35. Plaintiff alleges that Defendants, and each of them, have been unjustly
enriched by the sum of $8335.01 by failing to pay for money financed by Lender to
Defendants, and each of them, at Defendants’ instant and special request.
36. Plaintiff has requested that said sums be reimbursed, however, Defendants,
and each of them, have refused and continue to fail and refuse to reimburse Plaintiff.
37. Asa proximate result of Defendants’ refusal to repay the sum of $8335.01 to
Plaintiff, Defendants have been unjustly enriched by said amount at the rate of 10.0000
percent per annum from 07/11/2016.
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them,
as follows:
ON THE FIRST CAUSE OF ACTION
1. For the principal sum of $8335.01;
2. For interest at the legal rate of 10.0000% per annum from, on and after
07/11/2016;
3. For reasonable attorneys fees pursuant to the agreement;
ON THE SECOND CAUSE OF ACTION
4. For the principal sum of $8335.01;
5. For interest at the legal rate of 10.0000% per annum from, on and after
07/11/2016;
6. For reasonable attorneys fees pursuant to California Civil Code Section
1717.5 in a sum according to proof;
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ON THE THIRD CAUSE OF ACTION
7. For the principal sum of $8335.01;
8. For interest at the legal rate of 10.0000% per annum from, on and after
07/11/2016;
9. For reasonable attorneys fees pursuant to California Civil Code Section
1717.5 in a sum according to proof;
ON THE FOURTH CAUSE OF ACTION
10. For the principal sum of $8335.01;
11. For interest at the legal rate of 10.0000% per annum from, on and after
07/11/2016;
12. For reasonable attorneys fees pursuant to California Civil Code Section
1717.5 in a sum according to proof;
ON ALL CAUSES OF ACTION
13. For cost of suit incurred herein; and
14. _ For such other and further relief as this Court may deem just and proper.
15. | PLAINTIFF REMITS ALL DAMAGES IN EXCESS OF THE
JURISDICTIONAL AMOUNT OF THIS COURT.
Dated: March 20, 2017 HOLLINS LAW
"” CHELSEA HOLLINS
Attorney for Plaintiff,
AUTOVEST, L.L.C.
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Exhibit A
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BILL OF SALE
THIS BILL OF SALE is made and entered into. between: Autovest;:tit:C; (“Buyer”) and Universal
Acceptance: Corp: (“Seller”},pursuant to the Forward Flow Accounts Purchase Agreement dated Junie'6)
2016;{the “Agreement”) entered into between Buyer and Seller. Capitalized terms used but not defined
herein shall have the same rneaning as defined in the Agreement.
In consideration of the payment made pursuant to ‘the Agreement. and such other good and
Valuable consideration, the recelpt and legal sufficiency of which are hereby acknowledged, Seller does
hereby sell, transfer; convey, assign and deliver to Buyer, effective as of the Closing Date:
{a) all rights, title:and interest of Seller In and to.those certain receivables, Accounts, or. evidences.
of Debt described in the Agreement and Account Schedule (attached hereto as Exhibit t) attached
hereto-and-made part hereof for all purposes, including
(b) all principal, interest or other procéeds of any kind with respect to the Accounts described on
the Account Schedule, but excluding any payments or other consideration received by-Seller on or-
prior to the Cut-off Date;
without recourse and without representation or warranty of any typé, kind, character or nature, express
or implied, except as specifically provided in the Agreement, and subject to Buyers and Seller's
repurchase rights as-set forth in the Agreement
Buyer hereby accepts such sale, transfer, conveyance, assignment,-and delivery of the Accounts,
including without fimitation the right to all principal, interest or other proceeds.of any kind with'respect to
the Accounts remaining due and owing as of the Cut-Off Date applicable to such Accounts.
Pursuant to the foregoing sale and assignment, the Seller'stipulates that Buyer may be substituted
for Seller'as the valid owner of the Accounts and hereby walves any. notice or hearing requirements or
otherwise..
Nothing in this Bill of Sale and Assignment shall be deemed to. madify, lirnit or amend any of the
rights or obligations of Buyer or Seller under the Agreement. This Bill of Sale shall inure to the benefit of,
and be binding upon, the.respective permitted successors and assigns.of Seller. and Buyer and shall be
governed by and.construed and interpreted in accordance with the Agreement and the-taws of the State
of Minnesota, without regard.to such state's principles of conflicts of taw.
This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts,
ach of which shall be an original, but together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each party, through its-duly authorized officer, has caused this Bill of Sale
to be executed in their name this 28th day of July, 2016,
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‘SELLER: BUYER:
UNIVERSAL ACCEPTANCE CORP, Autovest, LLC,
Aggregate Unpaid Balance: $6,482,362.72
Number of Accounts: 984
STATE OF Mithsot }
. )
COUNTY OF Heansp xn)
fe.
Sworn before me this 1" day of i the year of our Lord, two thousand and sixteen
(2026). ,
nite,
(Notary Stamp & Signature)
1-B1-(?
My commission expires:
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Exhibit B
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MOTOR VEHICLE RETAIL INSTALLMENT CONTRACT
(Withan Agreement to Arbitrate)
40 pay thie Amount ‘Financed shown in the Federal Truth in Lending Disclosure Box below ("TILA Boa"). niong with a finance charge at an
ma Rae), ‘The TILA. Box disclosures ate part of this Contract. SF more tha one penton signs bis oomact, each pts i let and
Gein ealy,. ave 19 pay & mitinman insce charge.
‘ at | check you eo py te arg oe par a ach payne an ved wiki 10 days afer the dt th pyrcet ie de, ‘The chacye is 5%
Sores cae nce neiment tat hae inthe, ‘
Securlay Interest: “You ate giving a secutity interest in the Vehicle being purchased.
Please read this Contact for additional information on security interests, non-payment defal and our right 1m require repayment of your debt infill bore the scheduled
us res | sie if:
‘Odeasiter acy: WARNING ~ ODOMETER DISCREPANCY, ‘The odometer reading on ths Vici (diectonedsbove under milegey 4s NOT fe acral
nilleage. Tec nap wore ihe tite is Vee is bem se TRUE. IS UNKNOWN?” of “TMU,” ‘You miast itor any subsequent
Altheg Disclosure: We are not engaged in the business of purchasing, selling. oc iritualling airbags or any form of Vehicle
‘Veblele coniaiaa coe oe more aicbag(). connection withthe salc ofthis Vehicle, you uterstad tat we do tot have ony
of the alrbagts). We make no representation or warranty as to the operability of an airbag in the event of an socidem. You:
a peiise.
ure: ‘The title 1o this Vehicle ts branded “salvaga” ox “nomrepairable velicle.” You uadersinnd tha sta law may
branding. will essa the value of tbe Vehicle: ‘You may: the National Mou Vehicle Title Information.
We Owe: We acknowledge that ax a condition of sale of the Vehicle,
Call (688) 826-4227 to schedale service. Check and advise:
Disclosure Statement.and Agreement For installation of a Starter Interrupt -arid GPS Device
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ETEMIZATION OF THE AMOUNT FINANCED
1, Tots Cash Price
fe cath ce of Moor Vehicle and Accessories. S___B895.00 ta)
@ Sane nese oS
(2) Cash Price Accesses (oot ont s @
B. Document: @government
: Some —s
D. Theft Deterrent Device (Dy
f Sautwoea meee ait &
y Beuak vace ee om amd Treat lege governmental foe)* + ° ®
(HOE
” ido V8 = s__ 200 = @
H, ‘Contract (optional)* 5___00
L Pir Bae iy Seg sS____to ©
{see Downpayment and Tride-fn Calculation),
1 ‘Viehicle Contenet Cancellation Option Agreement S200
K. Other tte whom paid)®, SH
1, Oberfiomien aia = sone ws ‘
M. Ontser (te whom paid)*. S___0.00 a
‘Total Cash Price(A through M) $___ 9,824.81.)
2, Ansoants Paid to Public Offictals, ‘
8 Eaimurd ResisuntionTransferTing Fes 1059 @
Califomia Tire Fees* 0.00
Dd. SO)
a Asouat Pag ote ‘Companies (Total Premiums) : 3
use €
4. Seog Coriifiention Foe Paid to State £ “ 4
5. Seblotel (1:thenagh 4)
6. Total Downpayment
A. Gross Tradé:Ini Atlowance S__9.09 ay
B, Less Prior Credit or Leese Balance 8. @
Cy ‘Net Trade-In (A minus B) (indicate it's wegative number) &. ec
Di Doterred Downpayment @).
E, Manufectures's Rebate @
6. can mn
G. Corb. @
(Ctheaogh G) $___800,00
i fn Dain nee et ap bi Thabove)
p of these amounts. | Services may be provided by DMV without additional fee.
L
i
Temte-In: Make,
Model:
Year.____VINi, Year VIN: _
‘Tadels AliowanceS 0.00, Lien Payoff S00 ‘Tries Allowaice S000 Ties Payal __ 0.00
‘You represent that you own the trade-in vehicle(s) and you grant Car i adaeieed ites OM a ts Weranton ot head nek owe. the
tendo seca aa boot Bese by youl grestar hae tne moet dacoend i hes 68 a Amiooal Fcnoced, soa sqrt pay wt
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ADDITIONAL PROVISIONS
Titted by. applicable law, if we release our seourlty interest: before: you
feve paid your oulnanding blanoe, you must sll pay aa what You owe,
‘Late Charges and Returned Checks: If you do not make a payment.on
us the charge for late ‘payments shown in the TILA
wee pigs Taf int Contac if toe applets bon is-checked), 25:-well as
any 00st swe pay: to collect: any late: payment,-as allowed ‘by law: If we.
accepts: Inte: payment, your default is not-excused ‘and. you cannot keep.
tapas. Younes no S15 ran cc
instrament ive us oF payment you authorize ‘is-unpaid,
Sitnoured, or tio fr an seaesn
Finance Charges: This is.a simple-interest Contract. The Contract Rate
shown.on page 1 of this Contract. may. motte the samme us the. Annual
ye Rate shown in: the’ Fru in Leng Disclosures:
pity exaetly ex egress, you wil pay the amoynt of Finance Charge shown in
the TILA box on page 1 of this contract. If you pay carly, yon miny pay less
Gages, Woe Git pitino be lites teins an me
charges. We apply. charges, finance charges-and:10
the tnpal Balance GF Uh ea pice and abe charges fh may sets os
chovee: unless we are required by law 49 spply payments in a parcular
ee af Venice: ‘¥pe ft eke cae of the Vehicle ‘You must obey all
laws. it. ‘fou anist hoep-the fehicle in your: possession at the
Boyer ne so unless:
securliy interest: ny mene tn a
others: "Yi a ot of nt Si op
1 Jour
Vehicle Insurance: You maby Hy imate on te Voie inte
‘amount required by -applical
‘beyond repair, or destroyed. - we
Car Hop CA RISCOY revaer 201d ile aby Fax
Other Promises: You promise the information you have given in. your
credit application and any: information you tuive: provided-in connection
with yout purchase and financing ifthe Vehicle is wrue-and correct.
‘Defwult: ‘You will be in default f (1) you 40:not make any payment in foll
‘when ‘such payment is:due; (2) you gave false or misleading ‘nformatin on
‘your application relating to:this Contract; (3) yonr file a bankropicy-petijion
rae ai 0 Ve i age tpn
or destroyed or not in your, possesiién; (5) } yoid do Ht Kisep. any other
If you are in-default, we may require-you to pay at once the anpeid balance
of the :Armiount Financed: the unpaid part of the Finance Charge ai ill
amounts owed.
‘We:can, without notice, delay enforcing our: rights or-exencise only part
poset menace
‘subsequent opportunities (o exercise that right, and: walve a:
we have as to one Buyer without waiving It'as to the othier{s),
Assignment:. You may: not assign. your: inthe. Velticle or under this
Kcaniract tout our writen ee
Credit: Reports: ‘You mtherze us nd any pronto whem hs Cone
may be signed to obiain a-consumer credit report
‘report reflecting on your.credit record may: tbe subwninned tox credit
Sponge yee ae totic wear kh Cone
AUTOBROKER FEE: This. sale is not subject to @ fee
General: Federal law-and:the Jaw-of the state-of Car Hop's. place of
Sexton shonin ths Contac apply ts Coote ff. dhatlew does aot
aflow all the agreements in this Contract, the:ones thail-are not allowed will
be void, "ER tote Comers tartan vali sa afte,
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‘This Arbitration Provision significantly affects-your rights in any dispute with us.
Please.read this Arbitration Provision carefully before you sign: below.
1 EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY
ARBITRATION AND NOT IN'COURT.
2 7 A DESPUTES ARSETRA TED, YOU AND WE WILL RACH GIVE UP GUR RIGHT T0.4 TRIAL.EY
THE-COURT OR 'A JURY TRIAL.
3 IF A DISPUTE IS ARBITRATED; YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE.AS A.CLASS
REPRESENTATIVE OR CLASS MEMBER ON’ANY CLASS CLAIM YOU MAY HAVE AGAINST US,
4. . wv IN
at you
PI 0 dcideal corpo! io tatetg atin iia anonenet nace
spor ii We wae tigi gle you etnias ‘You may obtain a Copy of the AAA rules by calling the number
indicated of by visiting its web site,
Boca sala, Bae one tugs al bated in sceondanos wit hen eable eae, ‘The'arbitration award
shall be in writing, but without supporting opinion. ‘The arbitration hearing shall ‘be conducted in the federal district in. which you reside,
Or in some other location convenient to you. We will pay any arbitration filing fee, We wil alae py he xbaion cous ant Hee forthe
first. day of arbitration, up toa maximum of eight hours, We will also pay any fees and charges that the determines that we
imust pay in order to assure that this Arbitration Provision is enforceable. The arbitrator's award shall be final and binding owall
Parties, aubjéct to'any right of appeal under the Federal Arbitration Act.
‘This Arbitration Provision. 19.a contract that. e8.a transaction in interstate ‘arbitration under this
‘Arbitration. Provision shall be governed by the Federal Arbiation Act. If court should determine that the transaction did not involve
interstate coi agtee that this Arbitration Provision shall be governed by state law.
You may opt out of your ogréement to arbitrate disputes by notifying us in:writing. decision to.doso.and sending.
nasification to us at Car Hop Opt Out P.0. Box 398104, Edina, MN ‘S5059-B108 by cerjiod mal wise 15 dae of tb de you sign
Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional comedies,
froin a.court.. Judgment upon the award rendered by the arbitrator may be entered in-any court having jarisdicion,
Rear rer errgestz 3 tls Conrset tothe contrary, i'sny par of this Arbitration Provision other than tne Clans Action Walver
is found by a’court or arbitrator ta'be unenforceable, the remainder shall be enforceable. ‘This. Arbitration Provision shall survive:the
termination of any contractwal agreement between you:and-us, whether by defaull or repayment in full,
I/we agree to arbitrate disputes-according to the terms of the Arbitration Provision, above, By. signing below, l_acknowledge 1
have read the Arbitration Provision, including the opt-out provision, and understand its terms.
x tebe tn freee cw SigssX
Buyer Signs oe Buyer Signs
Cure canscn Reve so-ile ByzPax Page 40t8
140 nf 90Car, F top eplace any Cover Part of th above vehicle ups lio malfunction of Covered Pa serif belo, sett allowing
‘Warranty Coverage: ‘The Limited ‘Warranty covers the Vehicle's systems and components specified as Covered Parts below and only tothe extent of your use.
of the Vehicle, ‘This Limited Wetvanty is not transferable (6, nor enforceable by, aty otbet parton, ‘The Lintiied Warranty applies only if the Vebiele ts purchased
primarily for personal, family or household use,
Warranty Term: “This Limited Warranty covers the Vehicle, as described, for s period of 18 months from the date of this Contract, or 18,000 miles beyond the
‘Mileage provided on page: of this Contract, whichever ocuvrs first.
‘Covered Parts: Car Hop will pay the total cost:of the parts and labor necessary to repair or replace Covered Parts pursuant to this Limited Warramy if the defect
or malfunction in-the Covered Part is causedt by & mechanical breakdown or faiture under normal service and use (ihe inability of any Covered Part to perform lis
designed function), The Covered Parts include.
* Engling ~all imemnally lubricated pans, intuke manifolds, engine block, rotary engine housings, ring gear cylinder heads, fuel pump, oll pump,
timing gears and chain, valve covers ned water pimp;
+ Transmission and Transatle ~ al! internat paris, Seals, gaskets, torque converter and transmission case;
. Front and Resi’ Wheel Drive Components ~ om front-Wheet deive and rear-wheel drive vehicles: the axle housings and internal parts, drive
‘shaft, rotalners-ond universal and constant velocity joints,
Additional In-addition to the warranties provided above, Lar eee te Vee en ee eee ena ale
Lintited Warranty. .Cer Hop will not charge-you for the cost of repairs or for inspecting the: Vehicle, tearing down thé engine trinsrriasion or other pain,
for-any deductible. i pw py 1 ha con hp an tr any ep rept wing Gee uaa rel
30'days from the date of this Contract of-1,000 miles beyond the Mileage provided on page: of this Contniet,. whichever occuré
*# Engine Cooling System ~ the radiator snd warer pump;
Alternator, Generator, Starter, and Ignition System (not including the battery);
‘Braking System ~ the master cylinder, vacuum essiat booster, wheel cylindérs; hydraulic, tines and fittings, and dise brakes calipers;
Front and Rear Suspension Systems: wheel bearings; upper and lower ball joints;
Fag ore et Coasts power steeting pump; all internal pats within rack and pinion;
Genus Rese yee (nue eros ncn maesacrarty
Catalytic Converter and Other Emissions Components necessary for the Vehicle to pass a California Emissions Test;
Heater;
‘Seals atid Gaskets (on components described above);
Electrical, electronic, and computer components (to the extent that those componenti substantially affect the functionality of the
components described above),
Deductible: otra age iar di sematy le sagle sepa wisi, these wil be a $75.00 dectste chorge 9 you. ‘You: will pay that amount to the
fepalr shop, ‘riven seca te ale Covned Fars) canbe repaired on «age, “This deductible does not apply to the Additional
‘Coverage in the preceding paragraph provided pursuant to California
‘Warranty Exclusions: This Limited Warranty does tiot cover,
Any-and.al) parts not expoessly specified inimediaiely above under the heatling Covered Parts,
. ee ny manures arany cr ec program x Wola repairs of Covered Par becanse of collision. suse. a
Wine tagmiason ly i continued: Or Wat it notice; modification of
de Va opto et Vet ees at eres ib amt scl once eg
. AFTER THREE MONTHS OF THE DATE OF THIS LIMITED WARRANTY, ‘CAR HOP DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY. AND FIINESS FOR'A PARTICULAR PURPOSE,
YOU ARE NOT ENTITLED TO RECOVER ANY CONSEQUENTIAL. SOA BRP PROPERTY, DAMAGES FOR LOSS OF USE, LOSS.
OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES,
‘Obligations:
{Q)reimburse-you for reasonable costs of repairs; or (3) at Car Hop's election, cancel this Comeca antopetouen ere Vehicle and: ad ee hed a0 es
Se ee sy damage murtiged bys Velie tute ns of bis Couren ba ceeiine soy ore ‘daiiage caused by
oy with hie Lied Warcay. ar He mt ss ih tet, Ga eae Be, "The dimeliness of the repair way be
‘eur obi: Incr io in pur or epacena nde his Lied Waren, you must:
Promipdy notify Car‘ Hop at (888) 826-4227 of any failure, malfiinction or defect in aly Covered Parts within the Warranty Term;
. ‘Brinig he: Vehicle; within a reasonable’ time; to Car Hop or arrange with Car Hop tw have the Vehicle brought to Car Hop ot a vendor selected by Car
Hop, for inspection and repair;
Obtain the consent of Car Hop before haying repairs completed by anyone other than Car Hop ora vendor selecied.by Car Hop:
Authorize in writing all repair work to-be-performed urider this Limited Warraity;
Allow Car Hop to inspect the Vehicle both prior to:and after a senvice/repair is performed pursuant to.a.claim under this. Limited Warranty;
Provide proof, in.the form of service receipts, of having properly maintained the Vehicle in acpordance with manufacturer's recommended maintenance
eee
State Law Lisnltations: ‘Some states do not allow limitations on how long an implied warranty lass, or do.not allaw the exclusion or lintitation of incidental or
‘Soreenuert ia iene 4p the above limitation: may not apply to:you, ‘This Limited Warranty gives you specific lega! rights and:you may also have other rights,
vary: to state,
‘This Limited Warranty is between you:and Car Hop, Car Hop retains all obligations under this Limited Warrenty. upon astignmtnt of this Contract.
ON nf 90Servicio and Collection Contacts. ¥ tall of the following will appiy 0 aaslgnes (collectively “wo") of this
Ce ote pen mor an ed eh ae evga ee ly
tnesteges: snd/or automatic
Complaints concerning unfair. oe dese rachis saleable ‘be referred to the city attorney, the dlatrict attorney;.or any lnvestipstor for-the
ns a ieee metonies tern =
eal ioas gal ar deepen peptone ts So financing or payment terms unless you sgree in writing to the change, You do not have to agree to any
Shon en saute or arnt ‘Seller to maken unilateral change.
NOTICE - - ANY HOLDER OF THIS CONSUMER CREDIT.
CONTRACT 18 SUBJECT TO-ALL CLAIMS AND:
Tanna eg a a this entire Contract before signing.
By signing below, you acknowledge that you wete given an opportunity to drive and inspect the Vehicle; found it free from any: reasonably
discoverable defécts, and jou do not require any changes or additional services to it, EXCEPT those identified in the “We Owe” bon | inthe
‘section on page dpe (1). ‘You understand that we'do not provide loaner vehicles or pay for towing.
_— By initiating here, you-agree that you viewed the Car- Hop Closi
Statement of Insurance
NOTICE. No person: Speers. roman precedent teaming sparta of asc ta ny insurance be negotiate or purchased tugh sperticuler
UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR PUBLIC LIABILITY OR PA OPER
SUR fase yO fi
Notice to Buyer: «) De erapugisapwsm ho oa reat tucommasay pa guante mean (2) You are.
entitled to # completely filled-in copy. copy of thie agreement, (3) You can prepay the fall mount due under thls agreement at any
time. (4) If you default in the performance of. your obligations usider this agreement, the vehicle may be repoteesved and you may
besubject.to suit and liability for the unpaid indebtedness evidenced by this agreement.
THERE IS NO-COOLING OFF PERIOD
UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION
However, Qulbes erdow apg sa atursruearenc-dersamaee meta eeqvesa nes
vebleles with a purchase price of les than forty thousand dollars (640,000), eubject to certain
statutory conditions. This contract cancellation option requirement does not apply to the sale of a
Catena ae Ber ee eee ee iat wena eect to identification under
cwrnep cancer Reviesd a0 [| exBy Fax Papas
24 of 20
as Shou oat eit sn Ushers
Cas Hop and Assignee.6005-032270137 2017032208:73 Pago
Disclosure Statement and. Agreement For Installation of a:Starter Interrupt and GPS Device
ADDENGUM TO.A-RETAIL INSTALLMENT CONTRACT DATED ___Feb1,2016_ __ BETWEEN.
Yi
Vou MARKEISHAM FREEMAN ——___-| Buyer)
reterred to's “Buyers", your") and Car: Hop or GESIQhES (CoUeIVGYy Taterred to a8 we" or “ou o
(alent Miares ow aie Tor, Sol oe Bs Oi aia
GRANDPRIX
PONTIAC
Year Make Model VIN
This Disclosure: Statement and ang fgeament for instaliaton of 2 Starter Interrupt. and. GPS: Device ("the Agreement’) is
into the. r Vehicle Retail Installment Contract (the “Contract you signed in connection with your purchase.
of the Vehicle described above (‘the Vehicle’).
You aivand ant the Corman niet te tage seed a GPS Device (the “Device"). You acknowledge that this
Agreement and the Contract may be assigned as permitted
FON Te Cae GATE YOUR UNDERSTANDING AN AND: ACCEPTANCE OF THE. FOLLOWING
MS :‘AND THE CONSEQUENC! ES OF FAILING TO MAKE PAYMENTS AS REQUIRED BY THE CONTRACT OR ORFOR
OTHERWISE FAILING TO COMPLY WITH THE TERMS OF THE CONTRACT,
1) You understand that the inetallation of the Device is a material ian cena nie to ee
Vehicle. You further understand that you may be able to purchase a vehicle from another. another dealership without
installation of such a Device.
aye understartd that the Davice:is the:property of the holder of the Contract.. You understand that, to the extent it
ignificantly impairs the Contract holder's prospact of payment, ee ae ee ae. Te eantract
removi
The Contras holder boars the burden of establishing the prospect of of Saniicant impairment. You may be lshle Sr the cont to
copalt or replace the Device, and to repair or replace parts of the Vehicle if you tamper, alter, disconnect, or remove:the
Device from the Vehicle.
3) You understand that If the holder of the Contract does not recelve:payment as requ! trad by-the terma.ot the
ane have the:
Ifby mall, the payment must be made to holder of the Contract,
ctemoems emmmemcet oF
payment je: made any other way, the holder of the Contract may refuse to: re-enable the Vehicie's starter until It
peives confirmation that the funds have cleared. nos payment In collected finds is reosived by the holder of the
Cantract the Vehicle's starter will be re-enabled and the Vehicle will then be operable, This is not intended to serve
Ses ti Cae aan ae uncer the Contract or the Usitorn Corman! Code of te
governs this Agreement pertaini detauit.or repossession, nor does It create any additional
tight to cure which you Tight have under such laveor the Contsor it (if'any). ay
4) You understand that we may assign our fits, and intrest in the Contract: at any ime as permitied by aw. The
assignment of the Contract will not in any way affect the terms or conditione:of this this Agreement.
5) You understand:and agree ‘agree that we or the holder of the Contract may use the GPS functionality of the. Device to locate the
eee repossess the Vehicle in aocordarce withthe Contract. In addon, we or the holder may ectvate and use the
GFStechnology to varity and and maintain the operation status of renee fo locate the: Vehicle to'service the:
Contractor kesp the Contract current o enute compliance with te Conrac mre ‘and conditions, or to determine ifthe
Vehicle has been impounded.
Continued on-next page:
cor Hop ca niscoy Reviees a0 TLE By.Fax Page 708 8© 6005-032270137 2017032208:73 ruse 2
§) You understand thal a warring will be provided to you five days before the use of the starter interrupt technology for
2 weekly payment re ae ae ee tae ok sacee into upk ine of key abs Corto, fda al
wari is poettied te seeyeroporene an vse pape cthoruioe Gave your dale Uotore ec nade Bi Veh
Yaueyshouas ane fhe tlowng metods by whine wen ibe gor yb change prope
[1 Textmessageto catiutar phone at_ FOS $0107) | __tinclude your celular tlephone number)
[ ] Electronic: mail message:to (include-your email address)
{ } Telephone:call to {include your telephone number)**
“You understand that the law requires us to provide you this warming, jf yeu choose a telephone call as the means
by which we pravide you the warming, you agree:and acknowledge that if you.don't answer when we contact you, we
may leave you-a meceage ‘on 1 your vaicemat atthe number provided.
Undorrind fab enion we carey te abe aa enase te tan ires it. You further acknowledge
when we convey the massage: 9 activation of Jorhat dv to oe rn of or
Tega cot chooge one-of the: methods abaya, we will provide the: warring by telephone at Ihe number you gave us in your
Seliger ps cutie yon ona, nama you ie us, If you chack more than ona-method above, wa OW
reared warn x meats o oa ayer ‘You agree that we may, but'are not obligated to, provide you
fequired warning by text message or call at any any ahr wiepone umber ory eal a any ene dese ou have proved
us If we are unable to reach you at the point of contact chosen above.
we dlonbie ihe Vehlcie's starter in accordance with ith. the terms:of:this rere ihe grant olan ‘an. emergency,
fou it bo ‘provided with the ability to start the Vehicle for 24 hours after th Initial disablement by calling
8) ¥e You understand that only we.or the-holder-of the Contract (or. our 2 8).8 to.
aca Te Vehicle alee coe ee naaicannts. Gould mainienance ot rapa fs the De be required, you agree'to
rake Voting aralale dung roa buen ous o ray .we.or the holder of the
Cor il report rte cof ropa tothe Dev, ercopt or ops caved by yous i
Core em cian! ls paid in full, you agree to make the Vehicle available at a place:designated by the holder.of the
Contract,:and the holder of the Contract will remove the Device at the holder's expense.
10). You acknowledge that you elena nor have you paid any fee:or. charge to.us-or the holder of the
Contract relating to the initial installation of the
NOTICE:TO BUYER: Do not this without reading it first. By: acknowledge that have been
given the opportunity to io red tn prior to signing te Cortrect ana habe ha had any questions regarding te Doce
answered to your satisfaction. This: Js hereby ‘by reference into the Contract, and all terms
land conditions of the Contract will apply to this Agreement, Including but not limited to the agreement to arbitrate
cartipcanscn: reveessaatstle By FaXzeres Pagel 8
92 nF 90© 6005-032270137 2017032208:73 rage
Exhibit C
File By Fax
nA £90© €005-032270137 2017032208:73 rae
Universal Acceptance Corp. (CA)
P.O. Box 398104
Edina, MN. 55439-8104
(952) 345-9000 .
NOTICE OF INTENTION TO DISPOSE OF MOTOR VEHICLE
6/8/16,
MARKEISHA FREEMAN:
346 HAIGHT ST
SAN FRANCISCO, CA 94102
|
Re: _ Retail Installment Sale Contract dated 02/01/16 (“Agreement”) , Account Number: 327644
2008 PONTIAC GRAND PRIX VIN 2G2WP552581124007 (“Vehicle”)
NOTICE OF OUR PLAN TO SELL PROPERTY
We have your Vehicle because you broke promises in our Agreement. We intend to dispose of the
Vehicle as explained in this Notice subject to your right to get the Vehicle back (redeem) as described in
this Notice. [The checked box below applies to you.]
Xl Private Sale: We will sell the Vehicle at private sale sometime after 06/28/16 . A sale could
include a lease or license.
o Public Sale: We will sell the Vehicle beginning on by offering it for retail sale or lease
to the general public through:
Oo
You may inspect the Vehicle and encourage people to purchase or lease it.
oO Advertising it for sale to the general public to be purchased from at
You may inspect the Vehicle and encourage people to purchase it.
* * *
You have a right to request an extension of this time of 10 additional days (see Right to Request an
Extension of Time, below).
The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get
less money than you owe, you will still owe us the difference. If we get more money than you owe, you
will get the extra money, unless we must pay it to someone else. You can get the Vehicle back at any
time before we sell it by paying us the full amount you owe (not just the past due payments) including our
expenses. To learn the exact amount you must pay, call us at the telephone number shown at the top of
this Notice.
If you want us to explain to you in writing how we have figured the amount that you owe us, you may refer
to the explanation in this Notice (below), or you may call us at the telephone number shown at the top of
this Notice, or you may write to us at the address shown at the top of this Notice and request a written
explanation.
Page 1 of 4
File By Fax
ne nto© 6005-032270137 2017032208:73 age 2D
If you need more information about the sale call us at the telephone number shown at the top of this
Notice or write to us at the address shown at the top of this Notice.
We are sending this Notice to each of the people who owe money under the Agreement, as shown at the
top of this Notice, or people who have an interest in the Vehicle and who are not shown at the top of this
Notice: None.
REINSTATEMENT AND REDEMPTION
You are in default under the Agreement as follows (select applicable provision(s)):
& Failure to make payment(s) due under the Agreement.
Failure to keep the Vehicle free from encumbrances and liens.
O
(2 Failure to keep and maintain insurance on the Vehicle.
CO Failure to perform other obligations under the Agreement
[Describe]
Right to Reinstate
If checked, you have the right to reinstate the Agreement and get back the Vehicle. To reinstate,
you must do the following (below) within 20 days of the date of this Notice. You have the Tight to
request an extension of the time of 10 additional days. If you request an extension of time (see
below), we will extend the time without further notice to you. Your cure of the default must be made
to us at our address shown at the top of this Notice.
Pay the Total Amount Past due payments $ 679,57
Now Due Unpaid late fees + $
Repossession expense + $ 360.00
Storage expense +$
Attorney's fees + $
Legal expenses +$
Other NSF and otherfees + $ 50.00
Total Amount Now Due = $____1,089.57_
O Other action needed to cure default
[Describe]
The following amounts will come due during the reinstatement period (and, if applicable, extension
period):
Payment(s) to come due: $____—- 380.00
Each late charge: $
(If you do not make a payment to come due within the grace period,
you will also be charged the late charge — see your Agreement for details)
Storage at the daily rate of: $
Name/address:
Fee charged by law enforcement, if applicable: $
Name/address:
Other: [describe] $
The amount needed to reinstate the Agreement will include these amounts, as applicable. Cail us at the
telephone number at the top of this notice to find out the exact amount due on the date of reinstatement.
327644
Page 2 of 4
File By Fax
oe £90© 6005-092270137 2017092208:73 Page ~Q
No Right to Reinstate
C1 If checked, you do not have the right to reinstate the Agreement because
Right to Redeem
You have the right to redeem (get back) the Vehicle at any time up until the date we sell the Vehicle, or
the date we enter into a contract for its sale, by paying to us at our address shown at the top of this Notice
the total outstanding due (not just the past due payments). This date will be at least 20 days from the
date of this Notice. You have the right to request an extension of the time of 10 additional days. If you
request an extension of time (see below), we will extend the time without further notice to you.
Contract balance $ 8,440.01
Unpaid late fees +$
Other [describe] _ NSF and other fees +$ 50.00
Repossession expense +S 360.00
Storage expense +$
Attorney's fees +$
Legal expenses +$
Other [describe] +$
Subtotal =$ 8,850.01
Less unearned finance charge -$
Less unearned insurance charge -$
Less other [describe] -$
Total Outstanding Due =$ 8,850.01
The Total Outstanding Due needed to redeem the Vehicle will include the amounts below. Call
us at the telephone number at the top of this notice to find out the exact amount due on the date you
redeem.
Interest on the unpaid principal at the rate of 20.9000 %
Storage at the daily rate of: $
Name/address:
Fee charged by law enforcement, if applicable: $.
Name/address:
Other: [describe] $.
LOCATION OF VEHICLE
If you have the right to reinstate and you reinstate the Agreement, or if you redeem the Vehicle by paying
us the total outstanding due, the Vehicle will be returned to you at:
7428 Mission St, Colma, CA 94014
WRITTEN ACCOUNTING
We will provide you with a written accounting following sale of the Vehicle. If there is a surplus, it will be
Paid to you within 45 days of the date of sale unless we are required by law to pay it to someone else.
You may request another written accounting from the person whose name and address are shown at the
top of this Notice within one year of the date of the sale by delivering to us or mailing to us your written
request by first class mail, postage prepaid, or certified mail, return receipt requested.
NOTICE. YOU MAY BE SUBJECT TO SUIT AND LIABILITY IF THE AMOUNT OBTAINED UPON
DISPOSITION OF THE VEHICLE IS INSUFFICIENT TO PAY THE CONTRACT BALANCE AND ANY
OTHER AMOUNTS DUE. . .
327644
Page 3 of 4
File By Fax
27 nf 90© 6005-032270137 2017082208:73 rue 2D
Upon disposition of the Vehicle, you will be liable for any deficiency balance plus interest at the contract
rate, or at the legal rate of interest pursuant to California Civil Code Section 3289 if there is no contract
rate of interest, from the date of disposition of the Vehicle to the date of entry of judgment.
Sincerely,
Universal Acceptance Corp.
We may report information about your Account to credit bureaus. Late payments, missed
payments, or other defaults on your Account may be reflected in your credit report.
NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524)
regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN
ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE
AND IS FOR INFORMATIONAL PURPOSES ONLY.
RIGHT TO REQUEST AN EXTENSION OF TIME
You (the borrower) must either personally serve this Request on us or send it to us by certified or
registered mail, return receipt requested. If we receive this Request within 20 days of the date of this
Notice , we will extend the time to reinstate the contract, if you have that tight, or to redeem, for 10 days.
To: Universal Acceptance Corp. (CA)
P.O. Box 398104
Edina, MN 55439-8104
Your Name Account No. ___ 327644
Signature Date
327644
Page 4 of 4
File By Fax
28 of 290SM-010.
\TTORNEY OR PARTY WITHOUT ATTORNEY (Neme, Stale Bar number, end address}: wf ‘GOURT USE ONLY
HOLLINS LAW 1 ans
CHELSEA HOLLINS (#305229) %
2601 MAIN STREET
ke
PENTHOUSE SUITE 1300 “ny
IRVINE, CA 92614 Abp 7 oe
4, os
, M,
‘TELEPHONE WO. 714-558-9119 FaxNo.: 714-558-9091
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
faa] aio 2 [1 Breach of contractiwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
[J Uninsured motorist (46) [J Rute 3.740 collections (0) Fa Antitrust Trade regulation (03)
Other PUPDIWD (Personat Injury/Property ‘Other collections. Gonstruction-defect (10)
Damage/Wronghul Desth) Tort Fra] omer cotestons (00) TJ Mass tort t40)
[2] Asbestos (04) Other contract (37) 1 Securities titigation (28).
[=] Product iabisty (24) Real Property [2] Environmentay Toxic tort (90)
[)] medical malpractice (45) (1 Eminent domaininverse [2] tosurance coverage: ciaiins arising from the
(2) other PuPoaD (23) condemnation (14) above listed provisionally complex case
Non-PUPD/WO (Other) Tort (2) Wrongful eviction (23) types (41)
[1 Business tortiuntair business practice (07) C—] Other real property (28) Enforcement of Judgment
(21 civit sights (08) Unlawful Detainer 1 Enforcement of judgment (20)
(2) Defamation (13) 7) Commerciat (31) Miscellaneous Civil: Complaint
C1 Fraua (18) (1 Residential (32) (2) Ro a7)
2) imetiectual property (19) (1 pnugs (3a) [1] other complaint (not specified above) (42)
[1 Professional negligence (25) Judicial Review Miscellaneous Civil Petition
[1 othes non-PvPDAWD tort.{35) [7] Asset forfeiture. (05) [2] Partnership and corporate govemance (21)
Employment [1 Petition re: arbitration award (11) [] Other petition (not specified above) (43)
J] Wrengtut termination (36) [2] wri of mandate (02)
[_] Otter. employment (15) (J Other judicial review (39)
2. Pils caso Cis Zo epee complex.under rule 3.400 of the California Rules of Court. ifthe case is complex, mark the
factors requiring except judicial management:
a. [_) Large number of separately represented parties. [__] Large numberof witnesses
. (J Extensive motion practice faising 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, orin.e federal court
c. [2] Substantial amount of documentary evidence f. [1 Substantial postiudgment judicial supervision
3. Remedies sought (check ail that apply): a. EX] monetary b. [_] nonmonetary; deciaratory-or injunctive ralief.c. [_] punitive
4. Number of causes of action (specify): FOUR
5. Thisease [—] is [C1] isnot a class action suit.
Preview
MOC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-11-2017 1:13 pm Case Number: CGC-17-558120 Filing Date: Apr-11-2017 1:10 Filed by: ROSSALY DELAVEGA Image: 05817659 COMPLAINT L_ AUTOVEST LLC VS. MARKEISHA M FREEMAN ET AL 001005817659 Instructions: Please place this sheet on top of the document to be scanned.sqm ]OMSdsz20197 2017032208:73 rae CN ; ‘Sto oh, £ HOLLINSLAI OP yy Peres ATTORNEYS & Len lay CHELSEA HOLLINS (#305229) F » Century Centre ee, 2601 Main Street, Penthouse Suite 1300 BS Up, Irvine, California 92614-4239 Sea Telephone: 714.558.9119 Facsimile: 714.558.9091 nf Attommey for Plaintiff, CGC ~- AUTOVEST, LLC. 17-55810p- SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO, SAN FRANCISCO CIVIL DIVISION 2. OPEN BOOK ACCOUNT 3. ACCOUNT STATED 4. QUANTUM MERUIT LIMITED CIVIL CASE AND DOES 1 TO 10, INCLUSIVE, AUTOVEST, L.L.C. ) CASE NO: Plaintiff, } DEMAND = $8335.01 v. } COMPLAINT FOR: ) MARKEISHA M FREEMAN; } 1, BREACH OF CONTRACT ) ) Defendants. TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff AUTOVEST, L.L.C. complains of Defendants MARKEISHA M FREEMAN; AND DOES 1 TO 10, INCLUSIVE (collectively “Defendants”) and would respectfully show the following: SERVICE 1. Plaintiff may be contacted through its undersigned attorney of record. 2. Defendant may be served at 346 HAIGHT ST, SAN FRANCISCO CA 94102. 3. Plaintiff is unaware of the true names or capacities, whether individual, corporate, associate or otherwise of the defendants sued herein as DOES 1 to 10, inclusive, and therefore sues there defendants by such fictitious names. Plaintiff will amend this File By Fax COMPLAINT Bof 20ATTORNEYS @HOLLINSLAw om IY DH FB WKY = = 6 © 6005-032270137 2017032208:73 rae complaint to show the true name and capacities of the fictitiously named Doe defendants when Plaintiff ascertains same. 4. Prior to the filing of the within action, Universal Acceptance Corporation (“Lender”) assigned all its rights and titles arising from the action under the agreement to Plaintiff. A copy of the assignment is attached hereto as Exhibit “A” and incorporated herein by reference. 5. The Plaintiff is a debt buyer. 6. The Defendants are being sued for an auto deficiency balance that is due and owing. 7. The Plaintiff is the sole owner of the debt at issue or has the authority to assert the rights of all owners of the debt. 8. The debt balance at charge off is $8335.01. 9. The date of default is 05/03/2016. 10. | The name and address of the original charge-off creditor is UNIVERSAL ACCEPTANCE CORP. (CA), PO Box 398104, Edina, MN 55439-8104. 11. The name and last known address of the debtor as they appear in the charge- off creditor’s records prior to this sale of the debt is MARKEISHA FREEMAN. 12. The names and address of all person or entities that purchased the debt after charge off, including the plaintiff debt buyer is: Autovest, L.L.C., 26261 Evergreen Road, Suite 390, Southfield, Michigan 48076. 13. The Plaintiff, debt buyer, has complied with Section 1788.52 of the California Civil Code. H I i I MW H File By Fax COMPLAINT Roof 20ATTORNEYS @HOLLINSLAW Co em YN DWH BF WN = BS xs © 6005-032270137 2017032208:73 roe VENUE 14. Venue of this action is proper in the county named above because MARKEISHA M FREEMAN is an individual believed to be residing in said county at the time of commencement of suit. 15. Plaintiff is, and at all times herein mentioned was, a Michigan Limited Liability Company engaged in interstate commerce. FIRST CAUSE OF ACTION BREACH OF CONTRACT AGAINST ALL DEFENDANTS 16. Plaintiff incorporates by reference paragraphs 1 through 15, inclusive, of this Complaint as though wholly set forth herein. 17. _ Plaintiff alleges that on or about 02/01/2016, a written agreement (“Contract”) was made between INTERSTATE AUTO GROUP, INC. (CA) dba CAR HOP, the Seller, and Defendants, wherein Defendants purchased a 2008 PONTIAC GRAND PRIX; VIN: 2G2WP552581124007 (hereinafter referred to as “Vehicle”), more particularly described in said Contract, and Lender was retained to finance said purchase. A copy of the contract is attached hereto as Exhibit “B” and incorporated herein by reference. 18. The contract provides that if Defendants default in the performance of any of their obligations, the Lender may repossess the vehicle and, after giving notice, sell same and recover the remaining deficiency, if any, from Defendants. 19. On or about 05/03/2016, Defendants, and each of them, breached the agreement by failing to make payments as they became due and owing. Thus, Lender declared the full balance due and payable. 20. Asa result of the above-mentioned default, Lender took possession of the vehicle and on 06/08/2016, mailed to Defendants via certified mail at the last known address of the Defendants, a written Notice of Intent to Sell. A copy of the notice is attached hereto as Exhibit “C” and incorporated herein by reference. File By Fax COMPLAINT Taf 90ATTORNEYS @HOLLINsLAw Com QD DWH RF Bw NH = srs © 6005-092270137 2017032208:73 rae 21. Thereafter, Lender sold the vehicle at a private sale, and in a commercially reasonable manner for the sum of $105.00. After deducting from said sum Lender’s reasonable expenses of retaking, holding and preparing the vehicle for sale, the remaining proceeds of sale were credited to the remaining balance of the Defendants’ obligation to Lender. 22. — After the repossession and sale of the vehicle, there was a deficiency balance now due and payable from Defendants to Lender in the sum of $8335.01, plus interest at the legal rate of 10.0000% per annum. 23. Plaintiff has suffered damages legally (proximately) caused by Defendants’ breach of the agreement in the principal sum of $8335.01 which is the outstanding balance and reasonable value now due, owing and unpaid, despite Plaintiffs demands, plus earned interest at the rate of 10.0000%, per annum, from, on and after 07/11/2016. 24. Demand has been made on Defendants to pay the sum of $8335.01, plus interest at the legal rate, but Defendants have failed, refused, and continues to fail and refuse to pay said sum or any portion thereof, and the principal sum of $8335.01, remains now due and payable to Plaintiff from Defendants together with accrued interest thereon at the rate of 10.0000% per annum, per the written agreement from, on, and after 07/11/2016. 25. Plaintiff has performed all obligations to Defendants except those obligations Plaintiff was prevented or excused from performing. 26. Plaintiff is entitled to reasonable attomey fees pursuant to the agreement. SECOND CAUSE OF ACTION OPEN BOOK ACCOUNT AGAINST ALL DEFENDANTS 27. _ Plaintiff incorporates by reference paragraphs 1 through 26, inclusive, of this Complaint as though wholly set forth herein. 28. As an alternative and cumulative remedy, Plaintiff alleges that within four (4) years past, Defendants became indebted to Lender on an open book account for money File By Fax COMPLAINT Rnf20ATTORNEYS @HOLLINsLAw oe DD WH RF WN = Yb NY N NY N NN NY = = B&B Be Be ew Be ew oe ony A nA FY NY = SO we RIAA A BR HwD DH AS © 6005-032270137 2017032208:73 ran financed by Lender to Defendants, and each of them, at Defendants’ instant and special request. 29. Although demand for payment of the principal sum of $8335.01, plus interest, has been made upon Defendants, and each of them, Defendants, and each of them, have failed and refused and continue to fail and refuse to pay said sum. The principal sum of $8335.01, remains now due, owing and unpaid from Defendants to Plaintiff, together with interest thereon at the rate of 10.0000% per annum from, on and after 07/11/2016. 30. Plaintiff is entitled to reasonable attorney’s fees pursuant to California Civil Code Section 1717.5, in a sum according to proof. THIRD CAUSE OF ACTION ACCOUNT STATED AGAINST ALL DEFENDANTS 31. Plaintiff incorporates by reference paragraph 1 through 30, inclusive, of this Complaint as though fully set forth herein. 32. As an alternative and cumulative remedy, Plaintiff alleges that Defendants became indebted to Lender because an account was stated in writing by and between Lender and Defendants in which it was agreed that Defendants were indebted to Lender for money financed by Lender to Defendants, and each of them, at Defendants’ instant and special request. 33. Although demand for payment of the principal sum of $8335.01, plus interest, has been made upon Defendants, and each of them, Defendants, and each of them, have failed and refused and continue to fail and refuse to pay said sum. The principal sum of $8335.01, remains now due, owing and unpaid from Defendants to Plaintiff, together with interest thereon at the rate of 10.0000% per annum from, on and after 07/11/2016. i i HW MW File By Fax COMPLAINT 9 of 29@HOLUNSLAW ATTORNEYS oe IN DW RF Bw NY Nv NY N NN NN NY eF Be eB we Be ew ee ew em oN DH FB NH = FS SBD we A AHA BB NH BS © 6005-032270137 2017032208:73 Page @ FOURTH CAUSE OF ACTION JUANTUM MERUIT AGAINST ALL DEFENDANTS 34. Plaintiff incorporates by reference paragraph 1 through 33, inclusive, of this Complaint as though fully set forth herein. 35. Plaintiff alleges that Defendants, and each of them, have been unjustly enriched by the sum of $8335.01 by failing to pay for money financed by Lender to Defendants, and each of them, at Defendants’ instant and special request. 36. Plaintiff has requested that said sums be reimbursed, however, Defendants, and each of them, have refused and continue to fail and refuse to reimburse Plaintiff. 37. Asa proximate result of Defendants’ refusal to repay the sum of $8335.01 to Plaintiff, Defendants have been unjustly enriched by said amount at the rate of 10.0000 percent per annum from 07/11/2016. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: ON THE FIRST CAUSE OF ACTION 1. For the principal sum of $8335.01; 2. For interest at the legal rate of 10.0000% per annum from, on and after 07/11/2016; 3. For reasonable attorneys fees pursuant to the agreement; ON THE SECOND CAUSE OF ACTION 4. For the principal sum of $8335.01; 5. For interest at the legal rate of 10.0000% per annum from, on and after 07/11/2016; 6. For reasonable attorneys fees pursuant to California Civil Code Section 1717.5 in a sum according to proof; M I File By Fax COMPLAINT 10 of 29@HOLLINSLAw ATTORNEYS oe YN DWH PB WN = S © 6005-032270137 2017032208:73 Page @ ON THE THIRD CAUSE OF ACTION 7. For the principal sum of $8335.01; 8. For interest at the legal rate of 10.0000% per annum from, on and after 07/11/2016; 9. For reasonable attorneys fees pursuant to California Civil Code Section 1717.5 in a sum according to proof; ON THE FOURTH CAUSE OF ACTION 10. For the principal sum of $8335.01; 11. For interest at the legal rate of 10.0000% per annum from, on and after 07/11/2016; 12. For reasonable attorneys fees pursuant to California Civil Code Section 1717.5 in a sum according to proof; ON ALL CAUSES OF ACTION 13. For cost of suit incurred herein; and 14. _ For such other and further relief as this Court may deem just and proper. 15. | PLAINTIFF REMITS ALL DAMAGES IN EXCESS OF THE JURISDICTIONAL AMOUNT OF THIS COURT. Dated: March 20, 2017 HOLLINS LAW "” CHELSEA HOLLINS Attorney for Plaintiff, AUTOVEST, L.L.C. File By Fax COMPLAINT 44 nf 90© (6005-032270137 2017032208:73 Puan Exhibit A File By Fax 149 nf 270© €005-022270137 2017082208:73. Page @ BILL OF SALE THIS BILL OF SALE is made and entered into. between: Autovest;:tit:C; (“Buyer”) and Universal Acceptance: Corp: (“Seller”},pursuant to the Forward Flow Accounts Purchase Agreement dated Junie'6) 2016;{the “Agreement”) entered into between Buyer and Seller. Capitalized terms used but not defined herein shall have the same rneaning as defined in the Agreement. In consideration of the payment made pursuant to ‘the Agreement. and such other good and Valuable consideration, the recelpt and legal sufficiency of which are hereby acknowledged, Seller does hereby sell, transfer; convey, assign and deliver to Buyer, effective as of the Closing Date: {a) all rights, title:and interest of Seller In and to.those certain receivables, Accounts, or. evidences. of Debt described in the Agreement and Account Schedule (attached hereto as Exhibit t) attached hereto-and-made part hereof for all purposes, including (b) all principal, interest or other procéeds of any kind with respect to the Accounts described on the Account Schedule, but excluding any payments or other consideration received by-Seller on or- prior to the Cut-off Date; without recourse and without representation or warranty of any typé, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyers and Seller's repurchase rights as-set forth in the Agreement Buyer hereby accepts such sale, transfer, conveyance, assignment,-and delivery of the Accounts, including without fimitation the right to all principal, interest or other proceeds.of any kind with'respect to the Accounts remaining due and owing as of the Cut-Off Date applicable to such Accounts. Pursuant to the foregoing sale and assignment, the Seller'stipulates that Buyer may be substituted for Seller'as the valid owner of the Accounts and hereby walves any. notice or hearing requirements or otherwise.. Nothing in this Bill of Sale and Assignment shall be deemed to. madify, lirnit or amend any of the rights or obligations of Buyer or Seller under the Agreement. This Bill of Sale shall inure to the benefit of, and be binding upon, the.respective permitted successors and assigns.of Seller. and Buyer and shall be governed by and.construed and interpreted in accordance with the Agreement and the-taws of the State of Minnesota, without regard.to such state's principles of conflicts of taw. This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts, ach of which shall be an original, but together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party, through its-duly authorized officer, has caused this Bill of Sale to be executed in their name this 28th day of July, 2016, File By Fax 12 nf 90© 6005-032270137 2017032208:73 rat ‘SELLER: BUYER: UNIVERSAL ACCEPTANCE CORP, Autovest, LLC, Aggregate Unpaid Balance: $6,482,362.72 Number of Accounts: 984 STATE OF Mithsot } . ) COUNTY OF Heansp xn) fe. Sworn before me this 1" day of i the year of our Lord, two thousand and sixteen (2026). , nite, (Notary Stamp & Signature) 1-B1-(? My commission expires: File By Fax 440% 90© 6005-032270137 2017032208:73 rane Exhibit B File By Fax 4h nf 90© 6005-032270137 2017032208:73 Pao MOTOR VEHICLE RETAIL INSTALLMENT CONTRACT (Withan Agreement to Arbitrate) 40 pay thie Amount ‘Financed shown in the Federal Truth in Lending Disclosure Box below ("TILA Boa"). niong with a finance charge at an ma Rae), ‘The TILA. Box disclosures ate part of this Contract. SF more tha one penton signs bis oomact, each pts i let and Gein ealy,. ave 19 pay & mitinman insce charge. ‘ at | check you eo py te arg oe par a ach payne an ved wiki 10 days afer the dt th pyrcet ie de, ‘The chacye is 5% Sores cae nce neiment tat hae inthe, ‘ Securlay Interest: “You ate giving a secutity interest in the Vehicle being purchased. Please read this Contact for additional information on security interests, non-payment defal and our right 1m require repayment of your debt infill bore the scheduled us res | sie if: ‘Odeasiter acy: WARNING ~ ODOMETER DISCREPANCY, ‘The odometer reading on ths Vici (diectonedsbove under milegey 4s NOT fe acral nilleage. Tec nap wore ihe tite is Vee is bem se TRUE. IS UNKNOWN?” of “TMU,” ‘You miast itor any subsequent Altheg Disclosure: We are not engaged in the business of purchasing, selling. oc iritualling airbags or any form of Vehicle ‘Veblele coniaiaa coe oe more aicbag(). connection withthe salc ofthis Vehicle, you uterstad tat we do tot have ony of the alrbagts). We make no representation or warranty as to the operability of an airbag in the event of an socidem. You: a peiise. ure: ‘The title 1o this Vehicle ts branded “salvaga” ox “nomrepairable velicle.” You uadersinnd tha sta law may branding. will essa the value of tbe Vehicle: ‘You may: the National Mou Vehicle Title Information. We Owe: We acknowledge that ax a condition of sale of the Vehicle, Call (688) 826-4227 to schedale service. Check and advise: Disclosure Statement.and Agreement For installation of a Starter Interrupt -arid GPS Device File By Fax 4& anf 90oO 6005-092270137 2017092208:73 Page 0 ETEMIZATION OF THE AMOUNT FINANCED 1, Tots Cash Price fe cath ce of Moor Vehicle and Accessories. S___B895.00 ta) @ Sane nese oS (2) Cash Price Accesses (oot ont s @ B. Document: @government : Some —s D. Theft Deterrent Device (Dy f Sautwoea meee ait & y Beuak vace ee om amd Treat lege governmental foe)* + ° ® (HOE ” ido V8 = s__ 200 = @ H, ‘Contract (optional)* 5___00 L Pir Bae iy Seg sS____to © {see Downpayment and Tride-fn Calculation), 1 ‘Viehicle Contenet Cancellation Option Agreement S200 K. Other tte whom paid)®, SH 1, Oberfiomien aia = sone ws ‘ M. Ontser (te whom paid)*. S___0.00 a ‘Total Cash Price(A through M) $___ 9,824.81.) 2, Ansoants Paid to Public Offictals, ‘ 8 Eaimurd ResisuntionTransferTing Fes 1059 @ Califomia Tire Fees* 0.00 Dd. SO) a Asouat Pag ote ‘Companies (Total Premiums) : 3 use € 4. Seog Coriifiention Foe Paid to State £ “ 4 5. Seblotel (1:thenagh 4) 6. Total Downpayment A. Gross Tradé:Ini Atlowance S__9.09 ay B, Less Prior Credit or Leese Balance 8. @ Cy ‘Net Trade-In (A minus B) (indicate it's wegative number) &. ec Di Doterred Downpayment @). E, Manufectures's Rebate @ 6. can mn G. Corb. @ (Ctheaogh G) $___800,00 i fn Dain nee et ap bi Thabove) p of these amounts. | Services may be provided by DMV without additional fee. L i Temte-In: Make, Model: Year.____VINi, Year VIN: _ ‘Tadels AliowanceS 0.00, Lien Payoff S00 ‘Tries Allowaice S000 Ties Payal __ 0.00 ‘You represent that you own the trade-in vehicle(s) and you grant Car i adaeieed ites OM a ts Weranton ot head nek owe. the tendo seca aa boot Bese by youl grestar hae tne moet dacoend i hes 68 a Amiooal Fcnoced, soa sqrt pay wt Carton ca mscn Revises wzols Ie By.fax Page 2018© 6005-032270137 2017032208:73 rues ADDITIONAL PROVISIONS Titted by. applicable law, if we release our seourlty interest: before: you feve paid your oulnanding blanoe, you must sll pay aa what You owe, ‘Late Charges and Returned Checks: If you do not make a payment.on us the charge for late ‘payments shown in the TILA wee pigs Taf int Contac if toe applets bon is-checked), 25:-well as any 00st swe pay: to collect: any late: payment,-as allowed ‘by law: If we. accepts: Inte: payment, your default is not-excused ‘and. you cannot keep. tapas. Younes no S15 ran cc instrament ive us oF payment you authorize ‘is-unpaid, Sitnoured, or tio fr an seaesn Finance Charges: This is.a simple-interest Contract. The Contract Rate shown.on page 1 of this Contract. may. motte the samme us the. Annual ye Rate shown in: the’ Fru in Leng Disclosures: pity exaetly ex egress, you wil pay the amoynt of Finance Charge shown in the TILA box on page 1 of this contract. If you pay carly, yon miny pay less Gages, Woe Git pitino be lites teins an me charges. We apply. charges, finance charges-and:10 the tnpal Balance GF Uh ea pice and abe charges fh may sets os chovee: unless we are required by law 49 spply payments in a parcular ee af Venice: ‘¥pe ft eke cae of the Vehicle ‘You must obey all laws. it. ‘fou anist hoep-the fehicle in your: possession at the Boyer ne so unless: securliy interest: ny mene tn a others: "Yi a ot of nt Si op 1 Jour Vehicle Insurance: You maby Hy imate on te Voie inte ‘amount required by -applical ‘beyond repair, or destroyed. - we Car Hop CA RISCOY revaer 201d ile aby Fax Other Promises: You promise the information you have given in. your credit application and any: information you tuive: provided-in connection with yout purchase and financing ifthe Vehicle is wrue-and correct. ‘Defwult: ‘You will be in default f (1) you 40:not make any payment in foll ‘when ‘such payment is:due; (2) you gave false or misleading ‘nformatin on ‘your application relating to:this Contract; (3) yonr file a bankropicy-petijion rae ai 0 Ve i age tpn or destroyed or not in your, possesiién; (5) } yoid do Ht Kisep. any other If you are in-default, we may require-you to pay at once the anpeid balance of the :Armiount Financed: the unpaid part of the Finance Charge ai ill amounts owed. ‘We:can, without notice, delay enforcing our: rights or-exencise only part poset menace ‘subsequent opportunities (o exercise that right, and: walve a: we have as to one Buyer without waiving It'as to the othier{s), Assignment:. You may: not assign. your: inthe. Velticle or under this Kcaniract tout our writen ee Credit: Reports: ‘You mtherze us nd any pronto whem hs Cone may be signed to obiain a-consumer credit report ‘report reflecting on your.credit record may: tbe subwninned tox credit Sponge yee ae totic wear kh Cone AUTOBROKER FEE: This. sale is not subject to @ fee General: Federal law-and:the Jaw-of the state-of Car Hop's. place of Sexton shonin ths Contac apply ts Coote ff. dhatlew does aot aflow all the agreements in this Contract, the:ones thail-are not allowed will be void, "ER tote Comers tartan vali sa afte, Pagesot 8 40 -€ 90© (6005-032270137 2017032208:73 ra ‘This Arbitration Provision significantly affects-your rights in any dispute with us. Please.read this Arbitration Provision carefully before you sign: below. 1 EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN'COURT. 2 7 A DESPUTES ARSETRA TED, YOU AND WE WILL RACH GIVE UP GUR RIGHT T0.4 TRIAL.EY THE-COURT OR 'A JURY TRIAL. 3 IF A DISPUTE IS ARBITRATED; YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE.AS A.CLASS REPRESENTATIVE OR CLASS MEMBER ON’ANY CLASS CLAIM YOU MAY HAVE AGAINST US, 4. . wv IN at you PI 0 dcideal corpo! io tatetg atin iia anonenet nace spor ii We wae tigi gle you etnias ‘You may obtain a Copy of the AAA rules by calling the number indicated of by visiting its web site, Boca sala, Bae one tugs al bated in sceondanos wit hen eable eae, ‘The'arbitration award shall be in writing, but without supporting opinion. ‘The arbitration hearing shall ‘be conducted in the federal district in. which you reside, Or in some other location convenient to you. We will pay any arbitration filing fee, We wil alae py he xbaion cous ant Hee forthe first. day of arbitration, up toa maximum of eight hours, We will also pay any fees and charges that the determines that we imust pay in order to assure that this Arbitration Provision is enforceable. The arbitrator's award shall be final and binding owall Parties, aubjéct to'any right of appeal under the Federal Arbitration Act. ‘This Arbitration Provision. 19.a contract that. e8.a transaction in interstate ‘arbitration under this ‘Arbitration. Provision shall be governed by the Federal Arbiation Act. If court should determine that the transaction did not involve interstate coi agtee that this Arbitration Provision shall be governed by state law. You may opt out of your ogréement to arbitrate disputes by notifying us in:writing. decision to.doso.and sending. nasification to us at Car Hop Opt Out P.0. Box 398104, Edina, MN ‘S5059-B108 by cerjiod mal wise 15 dae of tb de you sign Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional comedies, froin a.court.. Judgment upon the award rendered by the arbitrator may be entered in-any court having jarisdicion, Rear rer errgestz 3 tls Conrset tothe contrary, i'sny par of this Arbitration Provision other than tne Clans Action Walver is found by a’court or arbitrator ta'be unenforceable, the remainder shall be enforceable. ‘This. Arbitration Provision shall survive:the termination of any contractwal agreement between you:and-us, whether by defaull or repayment in full, I/we agree to arbitrate disputes-according to the terms of the Arbitration Provision, above, By. signing below, l_acknowledge 1 have read the Arbitration Provision, including the opt-out provision, and understand its terms. x tebe tn freee cw SigssX Buyer Signs oe Buyer Signs Cure canscn Reve so-ile ByzPax Page 40t8 140 nf 90Car, F top eplace any Cover Part of th above vehicle ups lio malfunction of Covered Pa serif belo, sett allowing ‘Warranty Coverage: ‘The Limited ‘Warranty covers the Vehicle's systems and components specified as Covered Parts below and only tothe extent of your use. of the Vehicle, ‘This Limited Wetvanty is not transferable (6, nor enforceable by, aty otbet parton, ‘The Lintiied Warranty applies only if the Vebiele ts purchased primarily for personal, family or household use, Warranty Term: “This Limited Warranty covers the Vehicle, as described, for s period of 18 months from the date of this Contract, or 18,000 miles beyond the ‘Mileage provided on page: of this Contract, whichever ocuvrs first. ‘Covered Parts: Car Hop will pay the total cost:of the parts and labor necessary to repair or replace Covered Parts pursuant to this Limited Warramy if the defect or malfunction in-the Covered Part is causedt by & mechanical breakdown or faiture under normal service and use (ihe inability of any Covered Part to perform lis designed function), The Covered Parts include. * Engling ~all imemnally lubricated pans, intuke manifolds, engine block, rotary engine housings, ring gear cylinder heads, fuel pump, oll pump, timing gears and chain, valve covers ned water pimp; + Transmission and Transatle ~ al! internat paris, Seals, gaskets, torque converter and transmission case; . Front and Resi’ Wheel Drive Components ~ om front-Wheet deive and rear-wheel drive vehicles: the axle housings and internal parts, drive ‘shaft, rotalners-ond universal and constant velocity joints, Additional In-addition to the warranties provided above, Lar eee te Vee en ee eee ena ale Lintited Warranty. .Cer Hop will not charge-you for the cost of repairs or for inspecting the: Vehicle, tearing down thé engine trinsrriasion or other pain, for-any deductible. i pw py 1 ha con hp an tr any ep rept wing Gee uaa rel 30'days from the date of this Contract of-1,000 miles beyond the Mileage provided on page: of this Contniet,. whichever occuré *# Engine Cooling System ~ the radiator snd warer pump; Alternator, Generator, Starter, and Ignition System (not including the battery); ‘Braking System ~ the master cylinder, vacuum essiat booster, wheel cylindérs; hydraulic, tines and fittings, and dise brakes calipers; Front and Rear Suspension Systems: wheel bearings; upper and lower ball joints; Fag ore et Coasts power steeting pump; all internal pats within rack and pinion; Genus Rese yee (nue eros ncn maesacrarty Catalytic Converter and Other Emissions Components necessary for the Vehicle to pass a California Emissions Test; Heater; ‘Seals atid Gaskets (on components described above); Electrical, electronic, and computer components (to the extent that those componenti substantially affect the functionality of the components described above), Deductible: otra age iar di sematy le sagle sepa wisi, these wil be a $75.00 dectste chorge 9 you. ‘You: will pay that amount to the fepalr shop, ‘riven seca te ale Covned Fars) canbe repaired on «age, “This deductible does not apply to the Additional ‘Coverage in the preceding paragraph provided pursuant to California ‘Warranty Exclusions: This Limited Warranty does tiot cover, Any-and.al) parts not expoessly specified inimediaiely above under the heatling Covered Parts, . ee ny manures arany cr ec program x Wola repairs of Covered Par becanse of collision. suse. a Wine tagmiason ly i continued: Or Wat it notice; modification of de Va opto et Vet ees at eres ib amt scl once eg . AFTER THREE MONTHS OF THE DATE OF THIS LIMITED WARRANTY, ‘CAR HOP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY. AND FIINESS FOR'A PARTICULAR PURPOSE, YOU ARE NOT ENTITLED TO RECOVER ANY CONSEQUENTIAL. SOA BRP PROPERTY, DAMAGES FOR LOSS OF USE, LOSS. OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES, ‘Obligations: {Q)reimburse-you for reasonable costs of repairs; or (3) at Car Hop's election, cancel this Comeca antopetouen ere Vehicle and: ad ee hed a0 es Se ee sy damage murtiged bys Velie tute ns of bis Couren ba ceeiine soy ore ‘daiiage caused by oy with hie Lied Warcay. ar He mt ss ih tet, Ga eae Be, "The dimeliness of the repair way be ‘eur obi: Incr io in pur or epacena nde his Lied Waren, you must: Promipdy notify Car‘ Hop at (888) 826-4227 of any failure, malfiinction or defect in aly Covered Parts within the Warranty Term; . ‘Brinig he: Vehicle; within a reasonable’ time; to Car Hop or arrange with Car Hop tw have the Vehicle brought to Car Hop ot a vendor selected by Car Hop, for inspection and repair; Obtain the consent of Car Hop before haying repairs completed by anyone other than Car Hop ora vendor selecied.by Car Hop: Authorize in writing all repair work to-be-performed urider this Limited Warraity; Allow Car Hop to inspect the Vehicle both prior to:and after a senvice/repair is performed pursuant to.a.claim under this. Limited Warranty; Provide proof, in.the form of service receipts, of having properly maintained the Vehicle in acpordance with manufacturer's recommended maintenance eee State Law Lisnltations: ‘Some states do not allow limitations on how long an implied warranty lass, or do.not allaw the exclusion or lintitation of incidental or ‘Soreenuert ia iene 4p the above limitation: may not apply to:you, ‘This Limited Warranty gives you specific lega! rights and:you may also have other rights, vary: to state, ‘This Limited Warranty is between you:and Car Hop, Car Hop retains all obligations under this Limited Warrenty. upon astignmtnt of this Contract. ON nf 90Servicio and Collection Contacts. ¥ tall of the following will appiy 0 aaslgnes (collectively “wo") of this Ce ote pen mor an ed eh ae evga ee ly tnesteges: snd/or automatic Complaints concerning unfair. oe dese rachis saleable ‘be referred to the city attorney, the dlatrict attorney;.or any lnvestipstor for-the ns a ieee metonies tern = eal ioas gal ar deepen peptone ts So financing or payment terms unless you sgree in writing to the change, You do not have to agree to any Shon en saute or arnt ‘Seller to maken unilateral change. NOTICE - - ANY HOLDER OF THIS CONSUMER CREDIT. CONTRACT 18 SUBJECT TO-ALL CLAIMS AND: Tanna eg a a this entire Contract before signing. By signing below, you acknowledge that you wete given an opportunity to drive and inspect the Vehicle; found it free from any: reasonably discoverable defécts, and jou do not require any changes or additional services to it, EXCEPT those identified in the “We Owe” bon | inthe ‘section on page dpe (1). ‘You understand that we'do not provide loaner vehicles or pay for towing. _— By initiating here, you-agree that you viewed the Car- Hop Closi Statement of Insurance NOTICE. No person: Speers. roman precedent teaming sparta of asc ta ny insurance be negotiate or purchased tugh sperticuler UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR PUBLIC LIABILITY OR PA OPER SUR fase yO fi Notice to Buyer: «) De erapugisapwsm ho oa reat tucommasay pa guante mean (2) You are. entitled to # completely filled-in copy. copy of thie agreement, (3) You can prepay the fall mount due under thls agreement at any time. (4) If you default in the performance of. your obligations usider this agreement, the vehicle may be repoteesved and you may besubject.to suit and liability for the unpaid indebtedness evidenced by this agreement. THERE IS NO-COOLING OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION However, Qulbes erdow apg sa atursruearenc-dersamaee meta eeqvesa nes vebleles with a purchase price of les than forty thousand dollars (640,000), eubject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a Catena ae Ber ee eee ee iat wena eect to identification under cwrnep cancer Reviesd a0 [| exBy Fax Papas 24 of 20 as Shou oat eit sn Ushers Cas Hop and Assignee.6005-032270137 2017032208:73 Pago Disclosure Statement and. Agreement For Installation of a:Starter Interrupt and GPS Device ADDENGUM TO.A-RETAIL INSTALLMENT CONTRACT DATED ___Feb1,2016_ __ BETWEEN. Yi Vou MARKEISHAM FREEMAN ——___-| Buyer) reterred to's “Buyers", your") and Car: Hop or GESIQhES (CoUeIVGYy Taterred to a8 we" or “ou o (alent Miares ow aie Tor, Sol oe Bs Oi aia GRANDPRIX PONTIAC Year Make Model VIN This Disclosure: Statement and ang fgeament for instaliaton of 2 Starter Interrupt. and. GPS: Device ("the Agreement’) is into the. r Vehicle Retail Installment Contract (the “Contract you signed in connection with your purchase. of the Vehicle described above (‘the Vehicle’). You aivand ant the Corman niet te tage seed a GPS Device (the “Device"). You acknowledge that this Agreement and the Contract may be assigned as permitted FON Te Cae GATE YOUR UNDERSTANDING AN AND: ACCEPTANCE OF THE. FOLLOWING MS :‘AND THE CONSEQUENC! ES OF FAILING TO MAKE PAYMENTS AS REQUIRED BY THE CONTRACT OR ORFOR OTHERWISE FAILING TO COMPLY WITH THE TERMS OF THE CONTRACT, 1) You understand that the inetallation of the Device is a material ian cena nie to ee Vehicle. You further understand that you may be able to purchase a vehicle from another. another dealership without installation of such a Device. aye understartd that the Davice:is the:property of the holder of the Contract.. You understand that, to the extent it ignificantly impairs the Contract holder's prospact of payment, ee ae ee ae. Te eantract removi The Contras holder boars the burden of establishing the prospect of of Saniicant impairment. You may be lshle Sr the cont to copalt or replace the Device, and to repair or replace parts of the Vehicle if you tamper, alter, disconnect, or remove:the Device from the Vehicle. 3) You understand that If the holder of the Contract does not recelve:payment as requ! trad by-the terma.ot the ane have the: Ifby mall, the payment must be made to holder of the Contract, ctemoems emmmemcet oF payment je: made any other way, the holder of the Contract may refuse to: re-enable the Vehicie's starter until It peives confirmation that the funds have cleared. nos payment In collected finds is reosived by the holder of the Cantract the Vehicle's starter will be re-enabled and the Vehicle will then be operable, This is not intended to serve Ses ti Cae aan ae uncer the Contract or the Usitorn Corman! Code of te governs this Agreement pertaini detauit.or repossession, nor does It create any additional tight to cure which you Tight have under such laveor the Contsor it (if'any). ay 4) You understand that we may assign our fits, and intrest in the Contract: at any ime as permitied by aw. The assignment of the Contract will not in any way affect the terms or conditione:of this this Agreement. 5) You understand:and agree ‘agree that we or the holder of the Contract may use the GPS functionality of the. Device to locate the eee repossess the Vehicle in aocordarce withthe Contract. In addon, we or the holder may ectvate and use the GFStechnology to varity and and maintain the operation status of renee fo locate the: Vehicle to'service the: Contractor kesp the Contract current o enute compliance with te Conrac mre ‘and conditions, or to determine ifthe Vehicle has been impounded. Continued on-next page: cor Hop ca niscoy Reviees a0 TLE By.Fax Page 708 8© 6005-032270137 2017032208:73 ruse 2 §) You understand thal a warring will be provided to you five days before the use of the starter interrupt technology for 2 weekly payment re ae ae ee tae ok sacee into upk ine of key abs Corto, fda al wari is poettied te seeyeroporene an vse pape cthoruioe Gave your dale Uotore ec nade Bi Veh Yaueyshouas ane fhe tlowng metods by whine wen ibe gor yb change prope [1 Textmessageto catiutar phone at_ FOS $0107) | __tinclude your celular tlephone number) [ ] Electronic: mail message:to (include-your email address) { } Telephone:call to {include your telephone number)** “You understand that the law requires us to provide you this warming, jf yeu choose a telephone call as the means by which we pravide you the warming, you agree:and acknowledge that if you.don't answer when we contact you, we may leave you-a meceage ‘on 1 your vaicemat atthe number provided. Undorrind fab enion we carey te abe aa enase te tan ires it. You further acknowledge when we convey the massage: 9 activation of Jorhat dv to oe rn of or Tega cot chooge one-of the: methods abaya, we will provide the: warring by telephone at Ihe number you gave us in your Seliger ps cutie yon ona, nama you ie us, If you chack more than ona-method above, wa OW reared warn x meats o oa ayer ‘You agree that we may, but'are not obligated to, provide you fequired warning by text message or call at any any ahr wiepone umber ory eal a any ene dese ou have proved us If we are unable to reach you at the point of contact chosen above. we dlonbie ihe Vehlcie's starter in accordance with ith. the terms:of:this rere ihe grant olan ‘an. emergency, fou it bo ‘provided with the ability to start the Vehicle for 24 hours after th Initial disablement by calling 8) ¥e You understand that only we.or the-holder-of the Contract (or. our 2 8).8 to. aca Te Vehicle alee coe ee naaicannts. Gould mainienance ot rapa fs the De be required, you agree'to rake Voting aralale dung roa buen ous o ray .we.or the holder of the Cor il report rte cof ropa tothe Dev, ercopt or ops caved by yous i Core em cian! ls paid in full, you agree to make the Vehicle available at a place:designated by the holder.of the Contract,:and the holder of the Contract will remove the Device at the holder's expense. 10). You acknowledge that you elena nor have you paid any fee:or. charge to.us-or the holder of the Contract relating to the initial installation of the NOTICE:TO BUYER: Do not this without reading it first. By: acknowledge that have been given the opportunity to io red tn prior to signing te Cortrect ana habe ha had any questions regarding te Doce answered to your satisfaction. This: Js hereby ‘by reference into the Contract, and all terms land conditions of the Contract will apply to this Agreement, Including but not limited to the agreement to arbitrate cartipcanscn: reveessaatstle By FaXzeres Pagel 8 92 nF 90© 6005-032270137 2017032208:73 rage Exhibit C File By Fax nA £90© €005-032270137 2017032208:73 rae Universal Acceptance Corp. (CA) P.O. Box 398104 Edina, MN. 55439-8104 (952) 345-9000 . NOTICE OF INTENTION TO DISPOSE OF MOTOR VEHICLE 6/8/16, MARKEISHA FREEMAN: 346 HAIGHT ST SAN FRANCISCO, CA 94102 | Re: _ Retail Installment Sale Contract dated 02/01/16 (“Agreement”) , Account Number: 327644 2008 PONTIAC GRAND PRIX VIN 2G2WP552581124007 (“Vehicle”) NOTICE OF OUR PLAN TO SELL PROPERTY We have your Vehicle because you broke promises in our Agreement. We intend to dispose of the Vehicle as explained in this Notice subject to your right to get the Vehicle back (redeem) as described in this Notice. [The checked box below applies to you.] Xl Private Sale: We will sell the Vehicle at private sale sometime after 06/28/16 . A sale could include a lease or license. o Public Sale: We will sell the Vehicle beginning on by offering it for retail sale or lease to the general public through: Oo You may inspect the Vehicle and encourage people to purchase or lease it. oO Advertising it for sale to the general public to be purchased from at You may inspect the Vehicle and encourage people to purchase it. * * * You have a right to request an extension of this time of 10 additional days (see Right to Request an Extension of Time, below). The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the Vehicle back at any time before we sell it by paying us the full amount you owe (not just the past due payments) including our expenses. To learn the exact amount you must pay, call us at the telephone number shown at the top of this Notice. If you want us to explain to you in writing how we have figured the amount that you owe us, you may refer to the explanation in this Notice (below), or you may call us at the telephone number shown at the top of this Notice, or you may write to us at the address shown at the top of this Notice and request a written explanation. Page 1 of 4 File By Fax ne nto© 6005-032270137 2017032208:73 age 2D If you need more information about the sale call us at the telephone number shown at the top of this Notice or write to us at the address shown at the top of this Notice. We are sending this Notice to each of the people who owe money under the Agreement, as shown at the top of this Notice, or people who have an interest in the Vehicle and who are not shown at the top of this Notice: None. REINSTATEMENT AND REDEMPTION You are in default under the Agreement as follows (select applicable provision(s)): & Failure to make payment(s) due under the Agreement. Failure to keep the Vehicle free from encumbrances and liens. O (2 Failure to keep and maintain insurance on the Vehicle. CO Failure to perform other obligations under the Agreement [Describe] Right to Reinstate If checked, you have the right to reinstate the Agreement and get back the Vehicle. To reinstate, you must do the following (below) within 20 days of the date of this Notice. You have the Tight to request an extension of the time of 10 additional days. If you request an extension of time (see below), we will extend the time without further notice to you. Your cure of the default must be made to us at our address shown at the top of this Notice. Pay the Total Amount Past due payments $ 679,57 Now Due Unpaid late fees + $ Repossession expense + $ 360.00 Storage expense +$ Attorney's fees + $ Legal expenses +$ Other NSF and otherfees + $ 50.00 Total Amount Now Due = $____1,089.57_ O Other action needed to cure default [Describe] The following amounts will come due during the reinstatement period (and, if applicable, extension period): Payment(s) to come due: $____—- 380.00 Each late charge: $ (If you do not make a payment to come due within the grace period, you will also be charged the late charge — see your Agreement for details) Storage at the daily rate of: $ Name/address: Fee charged by law enforcement, if applicable: $ Name/address: Other: [describe] $ The amount needed to reinstate the Agreement will include these amounts, as applicable. Cail us at the telephone number at the top of this notice to find out the exact amount due on the date of reinstatement. 327644 Page 2 of 4 File By Fax oe £90© 6005-092270137 2017092208:73 Page ~Q No Right to Reinstate C1 If checked, you do not have the right to reinstate the Agreement because Right to Redeem You have the right to redeem (get back) the Vehicle at any time up until the date we sell the Vehicle, or the date we enter into a contract for its sale, by paying to us at our address shown at the top of this Notice the total outstanding due (not just the past due payments). This date will be at least 20 days from the date of this Notice. You have the right to request an extension of the time of 10 additional days. If you request an extension of time (see below), we will extend the time without further notice to you. Contract balance $ 8,440.01 Unpaid late fees +$ Other [describe] _ NSF and other fees +$ 50.00 Repossession expense +S 360.00 Storage expense +$ Attorney's fees +$ Legal expenses +$ Other [describe] +$ Subtotal =$ 8,850.01 Less unearned finance charge -$ Less unearned insurance charge -$ Less other [describe] -$ Total Outstanding Due =$ 8,850.01 The Total Outstanding Due needed to redeem the Vehicle will include the amounts below. Call us at the telephone number at the top of this notice to find out the exact amount due on the date you redeem. Interest on the unpaid principal at the rate of 20.9000 % Storage at the daily rate of: $ Name/address: Fee charged by law enforcement, if applicable: $. Name/address: Other: [describe] $. LOCATION OF VEHICLE If you have the right to reinstate and you reinstate the Agreement, or if you redeem the Vehicle by paying us the total outstanding due, the Vehicle will be returned to you at: 7428 Mission St, Colma, CA 94014 WRITTEN ACCOUNTING We will provide you with a written accounting following sale of the Vehicle. If there is a surplus, it will be Paid to you within 45 days of the date of sale unless we are required by law to pay it to someone else. You may request another written accounting from the person whose name and address are shown at the top of this Notice within one year of the date of the sale by delivering to us or mailing to us your written request by first class mail, postage prepaid, or certified mail, return receipt requested. NOTICE. YOU MAY BE SUBJECT TO SUIT AND LIABILITY IF THE AMOUNT OBTAINED UPON DISPOSITION OF THE VEHICLE IS INSUFFICIENT TO PAY THE CONTRACT BALANCE AND ANY OTHER AMOUNTS DUE. . . 327644 Page 3 of 4 File By Fax 27 nf 90© 6005-032270137 2017082208:73 rue 2D Upon disposition of the Vehicle, you will be liable for any deficiency balance plus interest at the contract rate, or at the legal rate of interest pursuant to California Civil Code Section 3289 if there is no contract rate of interest, from the date of disposition of the Vehicle to the date of entry of judgment. Sincerely, Universal Acceptance Corp. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524) regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE AND IS FOR INFORMATIONAL PURPOSES ONLY. RIGHT TO REQUEST AN EXTENSION OF TIME You (the borrower) must either personally serve this Request on us or send it to us by certified or registered mail, return receipt requested. If we receive this Request within 20 days of the date of this Notice , we will extend the time to reinstate the contract, if you have that tight, or to redeem, for 10 days. To: Universal Acceptance Corp. (CA) P.O. Box 398104 Edina, MN 55439-8104 Your Name Account No. ___ 327644 Signature Date 327644 Page 4 of 4 File By Fax 28 of 290SM-010. \TTORNEY OR PARTY WITHOUT ATTORNEY (Neme, Stale Bar number, end address}: wf ‘GOURT USE ONLY HOLLINS LAW 1 ans CHELSEA HOLLINS (#305229) % 2601 MAIN STREET ke PENTHOUSE SUITE 1300 “ny IRVINE, CA 92614 Abp 7 oe 4, os , M, ‘TELEPHONE WO. 714-558-9119 FaxNo.: 714-558-9091 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 faa] aio 2 [1 Breach of contractiwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) [J Uninsured motorist (46) [J Rute 3.740 collections (0) Fa Antitrust Trade regulation (03) Other PUPDIWD (Personat Injury/Property ‘Other collections. Gonstruction-defect (10) Damage/Wronghul Desth) Tort Fra] omer cotestons (00) TJ Mass tort t40) [2] Asbestos (04) Other contract (37) 1 Securities titigation (28). [=] Product iabisty (24) Real Property [2] Environmentay Toxic tort (90) [)] medical malpractice (45) (1 Eminent domaininverse [2] tosurance coverage: ciaiins arising from the (2) other PuPoaD (23) condemnation (14) above listed provisionally complex case Non-PUPD/WO (Other) Tort (2) Wrongful eviction (23) types (41) [1 Business tortiuntair business practice (07) C—] Other real property (28) Enforcement of Judgment (21 civit sights (08) Unlawful Detainer 1 Enforcement of judgment (20) (2) Defamation (13) 7) Commerciat (31) Miscellaneous Civil: Complaint C1 Fraua (18) (1 Residential (32) (2) Ro a7) 2) imetiectual property (19) (1 pnugs (3a) [1] other complaint (not specified above) (42) [1 Professional negligence (25) Judicial Review Miscellaneous Civil Petition [1 othes non-PvPDAWD tort.{35) [7] Asset forfeiture. (05) [2] Partnership and corporate govemance (21) Employment [1 Petition re: arbitration award (11) [] Other petition (not specified above) (43) J] Wrengtut termination (36) [2] wri of mandate (02) [_] Otter. employment (15) (J Other judicial review (39) 2. Pils caso Cis Zo epee complex.under rule 3.400 of the California Rules of Court. ifthe case is complex, mark the factors requiring except judicial management: a. [_) Large number of separately represented parties. [__] Large numberof witnesses . (J Extensive motion practice faising 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, orin.e federal court c. [2] Substantial amount of documentary evidence f. [1 Substantial postiudgment judicial supervision 3. Remedies sought (check ail that apply): a. EX] monetary b. [_] nonmonetary; deciaratory-or injunctive ralief.c. [_] punitive 4. Number of causes of action (specify): FOUR 5. Thisease [—] is [C1] isnot a class action suit.