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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-26-2009 3:34 pm .
Case Number: CGC-09-486663_.
Filing Date: Mar-26-2009 3:29
Juke Box: 001 Image: 02446685
COMPLAINT
CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF VS. LLOYD E TURNER et
001002446685
Instructions:
Please place this sheet on top of the document to be scanned.SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
LLOYD E TURNER AKA LLOYD EUGENE
DOES 1 to 10, Inclusive
YOU ARE BEING SUED BY PLAINTIFF
(LO ESTA DEMANDANDO EL DEMANDANTE):
CAVALRY P'!
pueda usar para SU
ORTFOLIO SERVIC!
AMERICAN CREDIT.
The name and address of the court Is:
encontacto con fa corte
(Et nombre y direccién de la corte es):
SUPERIOR COURT OF CALIFORNI.
400 MCALLISTER STREET,
1ST FLO SAN
TURNER AKA LLOYD TURNER,
ES, LLC, as assignee of CAVALRY SPV], LLC,
Iver form. If you
‘and property may be taken without further warning from the court.
de las Cortes de California,
o ef colegio de abogados locsies.
‘A, SAN FRANCISCO COUNTY, SAN FRANCISCO
FRANCISCO, CA 94107-1385
FOR COURT USE ONLY
(SOLO PARA USO DE LA CORT)
ow an attorney, you may want to callan
from a nonprofit legal services
California (www.courtinfo.ca.gov/selthelp/espanol), en ia bibliotece de leyes de su condadooen
BY FAX
The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attorney, is: .
(El nombre, fa direccién y el némero de teléfono del abogado de! demandante, a del demandante que no flene abogado, es):
BRIAN N. WINN (STATE BAR NO. 86779) JOHN E.
NAOMI S. RUST (STATE BAR NO.
WILLIAM J. EDWARDS (STATE BAR NO. 24
THE CHAPMAN BUILDING, 110 E. WILSHIRE AVENUE,
FULLERTON, CALIFORNIA 92832
WR 26 208
(Para prueba de entrega de esta
"Form Adopied for Mandatory Use
‘Judicial Counci of California
‘SUM-100 [Rev. January 1. 2004]
240597) JONATHAN B.
32
(For proof of service of this summons, use Proot of Service of Summons {form POS-010),
GORDON (STATE BAR NO. 180053)
KLEIN (STATE BAR NO. 236982)
1803) WINN Law Group,
SUITE 212 FILE NO:
MEL (1910-00)
APC (714) 446-6686
08-32742-0-DSI
v. SIEPPE |
)
citati6n use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
4+ [Jas an individual defendant.
2 FJas the person sued under the fictitious name of (specify):
3 [lon behalf of (specify):
under [_] CCP 416.10 (corporation)
[1 ccp 416.20 defunct corporation)
[1] cep 416.60 (minor)
[J ccp 416.70 (conservatee)
(1 ccp 416.40 {association or partnership) [_] CCP 416.90 {authorized person)
(1 ether (specify):
4 [1 by personal delivery on (date):
SUMMONS
Page tott
Code of Civil Procedure §§ 41
SUM-100
465,ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
Brian N. Winn (Bar# 986779) John E. Gordon (Barf 180053)
Maomi S, Pust (Bar® 240597) Jonathan B. Klein (Bar# 236982) William
J. Edwards (Barf 241903)
File No: 08-32742-0-DSI-MEL(1910-00)
WINN LAW GROUP, APC 110 E. Wilshire Ave, Fullerton, CA 92832
TELEPHONE NO: (714) 446-6686 FAXNO: (714) 446-6680
MAR 2 6 2009
ATTORNEY FOR (Name): Plaintiff
OBERIOR COURT OF CALIFORNIA, COU 6 GO PON PARK-UL Clerk
STREET ADDRESS: 400 McAllister Street, 1st Flo py: me Cas, an
MAILING ADDRESS: San Francisco Municipal Court BY FAX . “Ceputy Cierk
cITy AND zIP Cove: SAN FRANCISCO, CA 94107-1385
BRANCH NAME: SAN FRANCISCO DISTRICT, LIMITED
CIVIL CASE COVER SHEET Complex Case Designation
[ Counter [ ]Joinder
m1 amour ix] ames Filed with first appearance by defendant
‘demanded demanded Is (Cal. Rules of Court, rule 3.402)
exceeds $25,000) $25,000 or less)
items 1-6 below must be completed (see instructions on page
T. Check one box below for the case type that best describes this case:
meme 496069 |
Auto Tort Contract Provisionally Comptex Civil Litigation
[ ] Auto (22) 1) Breach of contractiwarranty (06) (Cal, Rutes of Court, rules 3.400-3.403)
{ ] Uninsured motorist (46) XJ Rule 3.740 collection (09) { ] Antirust/Trade regutation (03)
Other PUPDIWD (Personal Injury/Property —[_] Other Collections (09) [ ] Construction defect (10)
Damage/Wrongful Death) Tort { ] Insurance coverage (18) [ ] Mass tort (40)
[ ] Asbestos (04) [_ ] Other contract (37) [_ ] Securities litigation (28)
{| Product fiabitity (24) Real Property {_ ] Environmentat/Toxic tort (30)
{ ] Medical malpractice (45) [_ ] Eminent domaininverse [_ ] Insurance coverage claims arising from the above
[_ ] Other PYPDAWD (23) ‘condemnation (14) listed provisionally complex case
Non-PUPDMND (Other} Tort [_ ] Wrongful eviction (33) types (41)
[_ ] Business tort/unfair business practice (07) [_ ] Other real property (26) Enforcement of Judgment
{ ] Civii rights (08) Untawful Detainer {_ ] Enforcement of judgment (20)
[ ] Defamation (13) [ ] Commercial (31) Miscellaneous Civil Comptaint
[ ] Fraud (16) [ ] Residential (32) 1 ] RICO (27)
[_ ] Intellectual property (19) | ] Drugs (38) [_ ] Other comptaint (not specified above) (42)
{ ] Professional negtigence (25) Judicial Review: Miscellaneous Civil Petition
[_ ] Other non-PLYPDWD tort (35) [ ] Asset forfeiture (05) { ] Parinership and corporate governance (21)
Employment {_ ] Petition re: arbitration award (11) [ ] Other petiton (not specified above) (43)
{ ] Wrongful termination (36) [ ] Wat of mandate (02)
Other employment OF al review (39
2. Thiscase [ } is [Xj isnot complex under rule 3.400 of the Calfomia Rules of Court If the case is complex, mark the
factors requiring exceptional judicial management:
ludicial
8. [| ] Large number of separately represented parties d.[ ] Large number of witnesses
b. [ } Extensive motion practice raising difficult or novel @.[ ] Coordination and related actions pending In one or more courts
Issues that will be fme-consuming to resolve in other counties, states or countries, or in a federal court
¢. [ ] Substantial amount of documentary evidence f. [ ] Substantial postjudgment Judiciat disposition
3. Type of remedies sought (check all that apply):
a@.[X] monetary b. | Jnon monetary; declaratory or Injunctive reflef c.[ ] punitive
4, Number of causes of action (specify): ONE
5.Thiscase [ ]Is {X] isnot aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: March 24, 2009
le
Brian N. Winn ‘4 Y
{TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
© Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
© File this cover sheet in addition to any cover sheet required by local court rule.
© If this case is complex under mule 3.400 et seq. of the Catifomnia Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding. .
© Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. 1
aye
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Gal, Rutes of Cour, nes 230. 33 229 3.4003 403.374
a
CMO10 [Revs July 1, 2007) www. CoUrTnIO. C8. GOVINSTRUCTIC(” 3 ON HOW TO COMPLETE THIC ‘OVER SHEET
To Plaintiffs and Othérs Filing First Papers
Ifyou are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil
Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed.
You must complete items 1 through 5 on the sheet. In item 1, you must check one box for the case type that best describes the case.
Ifthe case fits both 2 general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple
causes of action,
check the box that best indicates the primary cause of action. To assist you in completing the sheet, examptes of the
cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. You
do not need to submit a cover sheet with amended papers. F:
ailure to file a cover sheet with the first paper filed in a civil case may
subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties In Complex Cases
In complex cases only, patties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff
believes the case is complex under rule 3.400 of the Cafifornia Rules of Court,
this must be indicated by completing the appropriate
boxes In tems 1 and 2. Ifa plaintiff designates a case as complex , the cover sheet must be served with the complaint on all parties to
the action. A defendant may files and serve no later th:
counter-designation that the case is not complex, or, if the plaintiff has made no designal
Auto eo '22)-Personal Injury/Property
Oo eI
s ful ‘Death
. amagenrord €
Uninsured Motorist (46) (if the
case Involves an uninsured
motorists claim subject to
arbitration, check this item
instead of Auto)
Other P/PD/WD (Personal Injury!
fr rty Damage/Wrongful Death)
bestos (04)
Asbestos Property Dam
Asbestos Personal Injury!
ni
ro!
Product Liability at asbestos or
toxic/environmental} (24)
Medical Malpractice 45)
Medical Maipractice-
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PPD/W. (23
Premises Liability (e.g., slip
and fall
Intentional Bhi Injury/PDAWD-
(e.g., assault, vandalism)
{intentional infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other P/PDAWD
Non-PI/PDWD (Other) Tort
Business TorvUnfair Business
Practice(07),
Civil Rights (e.9., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, fibel)
Fewdda, 19)
ectual
Professional Rogigence (25)
Legal Matpractice
ef Professional Malpractice
(ret medical or tegal)
‘Other Non-PI/PD/WD Tort (35)
Employment
° Wonght Termination 36)
Other Employment (15)
(CM-010 [Rev. July 1, 2007)
CASE TYPES AND EXAMPLES
Contract
Breach of Contract(Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
of wrongful eviction}
Contract(Warranty Breach-Seller
Plaintiff (not fraud or negiigence)
Negligence Breach of Contract
oe
Other Breach of ContractWarranty
Collections (e.g., money owed, open
book accou ,
e!
ints) (09
Collection Cae ler Plaintiff,
Other Promissory Note/Coltections
ase
Insurance C je (not provisional
cori) (8), (not ly
Other Real Pt reg. quiet title) (26)
Writ of Possession of Real Property
Moriga je Foreclosure.
oye Hees Property (not minent
er Real emine!
domain, fandlordfenant, or
foreciosure)
Unlawful Detainer
Commercial go
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Wht of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review evi
Other Judicial Review (39)
Review of Health ficer Order
Notice of Appeal-Lal
Commissioner Appeat
CIVIL CASE COVER SHEET
an the time of its first appearance a joinder in the plaintiffs designation, a
tion, a designation that the case is complex.
Provisionally Complex Civil
Litigation (Cal.Rules of Court Rule
farising from provisional!
formpex case type ee above)
Enforcement of Judgment —
Enforcement of Judgment (20)
Abstract of Judgment (Out of
Confession of Judgment (non-
domestic relations,
Judgment on Unpaid Tax
Other Enforcement of Judgment
Case.
Miscellaneous Civil Comptaint
RICO (27)
ICO (2
Gther Complaint (not specified
above) (42) é " spe
Oectaral ory Relief On’
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tor/non-complex)
Other Civil Complaint
n-tori/n
(no! ON
Miscellaneous Civil Petition
Partnership and Corporate
Govemance (21)
Other Fretition (not specified above)
ivil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief from Late
Claim
Other Civil Petition
lex)
Page 2 of 2Oo md HW WN
poreepn vynnNNK Se Boe RES HFS
RPNPRRRBEB SSAA AwHRY NTS
» oe ew C
BRIAN N. WINN (State Bar No. 86779)
Ef GC
iw
San Franciseo County Superior Court
JOHN E. GORDON (State Bar No. 180053)
NAOMI S. RUST (State Bar No. 240597) mio 2.6 7nng
JONATHAN B. KLEIN (State Bar No. 236982)
WILLIAM J. EDWARDS (State Bar No. 241803) GO N PARK-LI, Clerk
Winn Law Group, A Professional Corporation BY:
THE CHAPMAN BUILDING Deputy Clerk
110 E. WILSHIRE AVE., SUITE 212
FULLERTON, CA 92832
(714) 446-6686
File No: 08-32742-0-DSI-MEL (1910-90)
Attorney for Plaintiff
SUPERIOR COURT
SUMMONS SSuEp
OF CALIFORNIA
SAN FRANCISCO COUNTY, SAN FRANCISCO DISTRICT
CAVALRY PORTFOLIO SERVICES, LLC,
as assignee of CAVALRY SPV I, LLC, as
assignee of MAZDA AMERICAN CREDIT
Plaintiff,
vs
LLOYD E TURNER AKA LLOYD
EUGENE TURNER AKA LLOYD
TURNER,
DOES 1 TO 10, Inclusive
Defendant (s)
BYFAXCGC~09-486663
Case No.
“LIMITED CIVIL CASE”
COMPLAINT FOR BREACH
OF CONTRACT, DEFICIENCY
BALANCE; OPEN BOOK ACCOUNT
DEMAND AMOUNT: $6,091.52
Plaintiff, CAVALRY PORTFOLIO SERVICES, LLC, as assignee of CAVALRY SPV I,
LLC, as assignee of MAZDA AMERICAN CREDIT complains of Defendants, and each
of them, singularly and collectively, that:
1. The true names and capacities of Defendants herein sued by
the fictitious names of DOES 1 TO 10, Inclusive, are unknown to
Plaintiff, who therefore sues those Defendants under, pursuant to, and
in accordance with the provisions of Section 474 of the Code of Civil
age
COMPLAINT FOR BREACH OF CONTRACT AND COMMON COUNTS
RS SA SOG] PS
"1poe we OE C
procedure. Plaintiff will ask leave of court to amend this complaint
=
after the true names and capacities of Defendants named herein as DOES
1 TO 10 have been ascertained.
2. At all times herein mentioned, Defendants were the agents,
servants and employees of each other and in doing the things
allegedherein, they were acting in that capacity.
3. Plaintiff is now and was at all times alleged herein, a
limited liability company , duly organized and authorized to do
Dower AW Fw N
business in the State of California.
4. Plaintiff is informed and believes and thereon alleges
that Defendant LLOYD E TURNER AKA LLOYD EUGENE TURNER AKA LLOYD TURNER
is an individual who resides in the City of San Francisco, County of
SAN FRANCISCO, State of California.
RST E_OF ON
Breach of Agreement
(Against All Defendants)
5. Plaintiff repleads and incorporates herein Paragraphs 1
through 4 of this complaint.
6. Prior to filing this complaint, all right, title and
interest in the agreement which is the subject of this lawsuit, was
sold and assigned by the original creditor, Mazda American Credit, to
CAVALRY SPV I, LLC. On or about March 06, 2008, the agreement was
assigned by CAVALRY SPV I, LLC to Plaintiff.
7. On or about January 26, 2003, Defendants executed an agreement
in writing (hereinafter ‘“Agreement”) for the purchase of a motor
vehicle (hereinafter "the vehicle"). A true copy of this Agreement is
attached hereto as Exhibit "A".
Page 2
‘COMMON COUNTS
COMPLAINT FOR BREACH OF CONTRACT - DEFICIENCY BALANCE AND C
TS aS SAY | NTS
aeOo Ot Aw WYN
—
= ©
, 2 a C€ C
8. On or about January 26, 2003, the agreement and all right,
title and interest in and to the vehicle were sold, transferred,
conveyed and assigned to Plaintiff.
9. The Agreement provides for Defendants to pay to Plaintiff
60 monthly installments of $271.14 starting on FEBRUARY 25, 2003 and
for Plaintiff to retain a security interest in the vehicle until the
agreement is paid in full.
10, This is a simple interest loan wherein interest is
computed at the rate of 5.000% per annum on the declining balance.
11. Defendant defaulted on the payments due pursuant to the
agreement. Demand for the amount in default or return of the vehicle
was made on Defendants, but they failed and now refuse to pay the
amount due or return the vehicle to Plaintiff.
12. As a result, Plaintiff repossessed the vehicle and gave
Defendants notice of Plaintiff's intent to (1) sell the vehicle and
(2) apply the proceeds from the sale to the sums due on the agreement.
A copy of the notice is attached hereto as Exhibit "B" and is
incorporated herein by this reference thereto.
13. Defendants neither redeemed the vehicle nor reinstated
the contract. As a result, Plaintiff sold the vehicle, applied the
proceeds from the sale to the sums due on the agreement, and
established a deficiency balance of $6,091.52. In selling the
vehicle, Plaintiff acted in good faith and proceeded in a commercially
reasonable manner.
14. Plaintiff made demand on Defendants for payment of the
deficiency balance, but Defendants failed and now refuse to pay that
sum to Plaintiff. As a result, Plaintiff has been damaged in that
Page 3
COMPLAINT FOR BREACH! OF CONTRACT - DEFICIENCY BALANCE AND COMMON COUNTS
| RC C
amount, plus interest on that sum from May 20, 2005 at the contractual
. . .
-
rate. Plaintiff's damages are within the jurisdictional limits of
this court.
15. Under the agreement and/or by virtue of a statute,
plaintiff is entitled to recover a reasonable sum for attorney fees
incurred as a result of this action.
16. All conditions precedent to performance of the motor
vehicle lease agreement by Defendants have been performed, waiver,
wo ond AW & WN
released or other wise extinguished.
ECOND. E_OF IN
Open Book Account
a
SS eT TSUN
(Against All Defendants)
17. Plaintiff herein repleads and incorporates herein
Paragraphs 1 through 15 of this complaint.
18. Within the last four years, Defendants were indebted to
Plaintiff for 6,091.52 ("the amount due") on an open book account.
19. Plaintiff made demand on Defendants for payment of the
amount due, but Defendants failed and now refuse to pay that sum to
Plaintiff. As a result, Plaintiff has been damaged in that amount,
plus interest on that sum from May 20, 2005 at the highest legal rate
allowed by law.
20. Under an agreement and/or by virtue of a statute,
Plaintiff is entitled to recover a reasonable sum for attorney fees
incurred as a result of this action.
WHEREFORE, Plaintiff prays for judgment against Defendants,
and each of them, individually and collectively, as follows:
Page 4
COMPLAINT FOR BREACH OF CONTRACT - DEFICIENCY BALANCE AND COMMON COUNTSWoe C
FOR RST CAUSE ION: 1
1. For principal damages in the sum of $6,091.52; |
2. For interest thereon at the rate of 5.000%
from May 20, 2005 until paid in full;
3. For reasonable attorney fees;
4. For cost of suit, and
5. For such other and further relief as the
Court deems just and proper.
1. For principal in the sum of $6,091.52:
2. For interest thereon from May 20, 2005 to the date of
judgment at the highest legal rate allowed;
3. For reasonable attorneys fees;
4. For costs of suit; and
5. For such other and further relief as the
Court deems just and proper.
Dated: March 24, 2009 J
Brian N. Winn
Attorney for Plaintiff
Page 5
COMPLAINT FOR BREACH OF CONTRACT - DEFICIENCY BALANCE AND COMMON COUNTSEXHIBIT A
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LLOYD £. TURNER
NOTICE OF OUR PLAN TO SELL. PROPERTY
‘We have your property described sbove because you Biche promiees it OXF
areerert.
‘Wa wil wed ihe procerty described anave OL @ private aa wometime efter_Z0_ ders from the Date of Nocioe shown shove,
“The maney that we get Som the sale [afer ping our costa, nckating remecrabie attorney's tees ind legal erase M peered by le!) wl reduce
{he erourl you owe. Wwe Dat led raoney than you oon, you WE wal owe Us tre Grierence, Uwe et mare merey Fan you owe, you WA pet he ire
rome, eriees wa must pay fo mamecne ot,
You oon get he prover beck af eny tme befure we esl I by peying us the ful emeunt you owe, {nf just the peal due peyments) Inckucing ow expenses.
‘Toleam tie exact emourt you must pay cul ue of he telephone nur abowt.
{Ryu wert us to wxisin to you fr orting tow we Neve figured fhe @cicl proUr that you Owe Us, you mey call un Of Pe wephore numbe” BDOre, oF wre Us.
‘8 a excess above and requeal @ weRtan wDIeNTBON
tyounsed mere inormasen about ne pelt cal us athe telephone number stove, oF wrte us af fhe eddrwan stove.
(fie sre eending fie relics tothe following peocle who have an intarest inthe poparty Geacrbed above of who owe woney under your soreament” 1) Tha
‘buyer end ery pobuyet herved ebove, 2) Any uvier remed above: 3) 1 few are Pwr people, ney ae nermed cn en etiactenat tt wn fe notice.
‘You have editoonet gins under Callfornia few, Inctuct'g the right pdeional ne for petzng the vehicle beck. You sieo may hve the right to oet Pt
\vervce beck by paying lees than the Mf coriract bares, Presse med the rofce:
SALES FIMANCE ACT talow for 8 descttcton of frame accPhonel ice.
‘of RIGHTS OF DEFAULTING PARTIES UNDER CALIFORNIA AUTOMOBILE
RIGHTS OF DEFAULTING PARTIES UNDER CALIFORNIA AUTOMOBILE SALES FINANCE ACT.
—___ RIGHTS OF DEFAULTING PARTIES UNDER CA
YOU ARE Ih DEFAULT UNDER TOUR CONTRACT AS FOLLOWS:
[i] Ovarasn payers:
C1 Fotere tw oben or maintain required reurarce,
OC ote.
amare oe .
$ piss 20503.
: ate SaaS 1) Senpwtrpocret Yer vari en bon ere by « poereend
$ 74 ZOSA
eee
HOW TO GET YOUR VEHICLE BACK (Send all peymentsicorresponidence to the name and address shown on the lectermesd stove).
[ED You may receem me verecse ty folowing the inaiructone uniar “REOEEMING" beiow,
Dp “You can restore the contract end pay hture morenly payments bs they Decerte due by fosioing the Instructions under "REINSTATEMENT: below,
{1 Yourmey nck cure the Gateut and reinwte the contract because: .
[1 Tne covet hed, prt thw ove danced C1tet, been reine ance beter whtwn te Wat 12 mortne or ince beoredrog Drm of te contrat,
OO other (specty:
REINSTATEMENT,
‘To RENSTATE your contrect you must do the folowing win _20._ oye tram
‘Foote of as nctice x before Dw watice i eotd, arachover er,
[EJ Pay to Creditor by ehck or money onder the foloning arrourt
Peynents) pos ve sS__ se
(Detour pxtecdon and detquancy charges $4208
Caperwee of ream re vanicie se
Expernee of eixing the were $
TOTAL 4. 4 {2
Pls payments or senses that mey Docome ous or be incured curing
the penco stated s0ove
(i ove (tower _ BEE ATTACHED
—
REDEEMING
To REDEEM you webicte you muat do the following within 72 dys
trom the cet 6 om coe bare re weticie W 804, Wicne bt.
Bi Pay 0 coecees by erect or money orca the folowing amount:
$ 0067 44
—_ as _
[Delinoueney end cobecton cra one t:___ wa
Caperece of retaking the vetseat 3s
Eapenans of sting the vhicle a _
swTom $ 23592
Lots: Retire of uneemed Rnance charge $n
Uneemed heurence premium S
TOTAL AMOUNT RECUIRED TO
REDEEM THE VEHICLE AS OF
THEDATEOFTHISNOTICE = go 57
‘Pus eperess incurred an fens rebate recetved ater the Orie of Tra
oe
Ty Sew core: ste arTgMED
——— $$
a
We fiend t Gepoee of the motor veticie Upan @xpryen OF _20_ Gays trom the gMng or malirg ofthis roe Upon wrtten reaueel {you may use the enclosed fern
for an purpons) pernorety secved 0 pent by partied or rigasered Mra, rum receicl feqursitd, to De name end eccress referenced in the encheed tem, wet
irecebed belore tha expiration of fe inital redemption and renetatement petods, Ha wll endend without futher noboe tor an eadbona 18 Geys tne recerotort parted
and, Tertiied, fie reneatment period described sbove
FPNA 11800 Oct 01 Prrscve pions ey MOT 80 ed Prmned LSA, Pepe tof 2
(See omer 2108 for iroortee Indore[01 Tea wee reqcaree your vanicie be held fare 30 dry erpoundmert period. We cannd release the veucle to you tl efter devs even # you redeem or retistate.
a "iia" vo erene.rsmenremromrnt
——— — — —
[1 PERSONAL PROPERTY - Ary Personal Property found in ou cflatera iy be reciaimed by you with tne fred 60 devs or, accomdance wih stew bw,
Dyerreactng me cthee al he adorees or phone punter on he iterneed above, Thereafter, ne personel property anal be dhecer aed scconNApy.
DD crecice may hove seeigred to Ne quashed intermediary (C1 Excnange, LLC) he rights (Out hol Ra obdigetone) wih reapect to the sale of each vericin beled
MILEAGE DISCLOBURE + if you ara wrere thet lhe mileage refecied on the vehicle's odometer fa net acturele for ary reeson, plenee contact us 40 thel
‘wo can eccusriaiy repon the vehicar's mbeage.
‘Aftar tha veniche le Sold, you will be sani ea eccouning reganting the dhpoeition of the vebicle. You wey also parsonalty serve oF vend & wreten,
(reqeret lor wn eccousrhng to ud, Wii 1 Your Of Be date of tmpoetion fot ania) of the wahicie. The weitten request muti be parsonaity served st
Mazon Amaticen Crecierboree canter, 4 Park Phaze, Sule £260, Wing CA STEM
‘or sent first-class rad, postege prepald, 0 Certified mall, ehum receipt requested. 10 Ut BC The harhe and scdress shown on the Inttertesd above,
INSURANCE RIGHTS Wf you don't want to pol your prooenty beck, call the eurance compary or thw ctelertorichal creator to mein eure that any
Ineuraree hes been cencebed. You havea 8 APE tn get creck for ll premium rahe,
Gand al payments/bemespondence to he name end address shows on the letertnad sce,
LUpen the dirposition of your vehicle, you wil be Table for the deficiency balance plus interest at the contract sete, of sf he legal tate of interest
‘pursuant te Bection 3239 ine Caltoria Civil Coda i there le fe Contract rete of mcerest, Irom cate of reposition at your vanicle 10 Ce
‘dane of eetry of judgrmert.
‘Very ray yours,
ENCLOSURE MECHELLE M MAYS
Pageza2
FF 11000 Ont 01 Proven actors may MOT be (oe otter 2:00 for portant Inforetion)
TS TE S| SPDMazes Aicercan Cra
~~
DESCRIPTION OF PROPERTY
Year — ]Make Gi) New
2009 [Kuk OC Utes
Vehicie Isent-ficshon Number.
KNAFB 121496233034
Model (Body
SPECT
= TURNER
Request For Extension of Redemption/Relnstatement Period
‘To: Creditor
“The undersigned hereby requests that you extend for an additionst 10 days the redamption period
end, I! entiiaa, the reinstatement period provided for in the Notice Of Our Pian To Sell Property received
by the undersigned trom you and dated 4-12-2005.
— Tore Or ner 9 Ouest
Date Signed, —_
Note; Ths request must be personatly served or seni by certified or registered mall, return recelpt
requested, to the Crednor office shown beiew. This request must be received before the
expiration of the intial redempllonreinstatement pertos.
Requests sent by certified or registered mai, return — _Marce Amencan Cracf
receipt requested, should be sent to; eee
Requests personally sueved shouid be detvered to: Wards rmican Gro
Fema it2t Oat
EE YEEC
1 |) Brian N. Winn (State Bar No. 86779)
John E. Gordon (State Bar No. 180053)
2 l!Naomi S. Rust (State Bar No, 240597)
Jonathan B. Klein (State Bar No. 236982)
3 || witliam J. Edwards (State Bar No. 241803)
Winn Law Group, a Professional Corporation
4 |1110 E, Wilshire Avenue, Suite 212
Fullerton, CA 92832
5 || Telephone: (714) 446-6686
Fax No.: (714) 446-6680
6 || File No.: 08-32742-0-DSI-MEL
7
8
9
Attomeys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
SAN FRANCISCO COUNTY, SAN FRANCISCO DISTRICT
_ BYFAX -
CAVALRY PORTFOLIO SERVICES, LLC casenop C- 09-4 9666 3
Plaintiff, DECLARATION RE: VENUE
vs {C.C. Section 2984.4]
LLOYDE TURNER, ETAL. says), | “LIMITED CIVIL MATTER”
. I, the undersigned, hereby declare that
1. The contract herein sued upon is hereinafter called and referred to as "the contract”.
5 2. This action is filed in the judicial district in which:
19 [_] The contract was in fact signed.
20 [X] One of the defendant(s) currently reside(s).
a [_] One of the defendant(s) resided when the contract was entered into.
» I declare under penalty of perjury that the foregoing is true and correct. Dated and executed on
3 March 24, 2009, in the City of Fullerton, State of UO ye
24 } Brian N. Winn
25 Attomey for Plaintiff
26
27
ge
DECLARATION RE: VENUE
a
AE SOD
Preview
iT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-26-2009 3:34 pm . Case Number: CGC-09-486663_. Filing Date: Mar-26-2009 3:29 Juke Box: 001 Image: 02446685 COMPLAINT CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF VS. LLOYD E TURNER et 001002446685 Instructions: Please place this sheet on top of the document to be scanned.SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): LLOYD E TURNER AKA LLOYD EUGENE DOES 1 to 10, Inclusive YOU ARE BEING SUED BY PLAINTIFF (LO ESTA DEMANDANDO EL DEMANDANTE): CAVALRY P'! pueda usar para SU ORTFOLIO SERVIC! AMERICAN CREDIT. The name and address of the court Is: encontacto con fa corte (Et nombre y direccién de la corte es): SUPERIOR COURT OF CALIFORNI. 400 MCALLISTER STREET, 1ST FLO SAN TURNER AKA LLOYD TURNER, ES, LLC, as assignee of CAVALRY SPV], LLC, Iver form. If you ‘and property may be taken without further warning from the court. de las Cortes de California, o ef colegio de abogados locsies. ‘A, SAN FRANCISCO COUNTY, SAN FRANCISCO FRANCISCO, CA 94107-1385 FOR COURT USE ONLY (SOLO PARA USO DE LA CORT) ow an attorney, you may want to callan from a nonprofit legal services California (www.courtinfo.ca.gov/selthelp/espanol), en ia bibliotece de leyes de su condadooen BY FAX The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attorney, is: . (El nombre, fa direccién y el némero de teléfono del abogado de! demandante, a del demandante que no flene abogado, es): BRIAN N. WINN (STATE BAR NO. 86779) JOHN E. NAOMI S. RUST (STATE BAR NO. WILLIAM J. EDWARDS (STATE BAR NO. 24 THE CHAPMAN BUILDING, 110 E. WILSHIRE AVENUE, FULLERTON, CALIFORNIA 92832 WR 26 208 (Para prueba de entrega de esta "Form Adopied for Mandatory Use ‘Judicial Counci of California ‘SUM-100 [Rev. January 1. 2004] 240597) JONATHAN B. 32 (For proof of service of this summons, use Proot of Service of Summons {form POS-010), GORDON (STATE BAR NO. 180053) KLEIN (STATE BAR NO. 236982) 1803) WINN Law Group, SUITE 212 FILE NO: MEL (1910-00) APC (714) 446-6686 08-32742-0-DSI v. SIEPPE | ) citati6n use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 4+ [Jas an individual defendant. 2 FJas the person sued under the fictitious name of (specify): 3 [lon behalf of (specify): under [_] CCP 416.10 (corporation) [1 ccp 416.20 defunct corporation) [1] cep 416.60 (minor) [J ccp 416.70 (conservatee) (1 ccp 416.40 {association or partnership) [_] CCP 416.90 {authorized person) (1 ether (specify): 4 [1 by personal delivery on (date): SUMMONS Page tott Code of Civil Procedure §§ 41 SUM-100 465,ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Brian N. Winn (Bar# 986779) John E. Gordon (Barf 180053) Maomi S, Pust (Bar® 240597) Jonathan B. Klein (Bar# 236982) William J. Edwards (Barf 241903) File No: 08-32742-0-DSI-MEL(1910-00) WINN LAW GROUP, APC 110 E. Wilshire Ave, Fullerton, CA 92832 TELEPHONE NO: (714) 446-6686 FAXNO: (714) 446-6680 MAR 2 6 2009 ATTORNEY FOR (Name): Plaintiff OBERIOR COURT OF CALIFORNIA, COU 6 GO PON PARK-UL Clerk STREET ADDRESS: 400 McAllister Street, 1st Flo py: me Cas, an MAILING ADDRESS: San Francisco Municipal Court BY FAX . “Ceputy Cierk cITy AND zIP Cove: SAN FRANCISCO, CA 94107-1385 BRANCH NAME: SAN FRANCISCO DISTRICT, LIMITED CIVIL CASE COVER SHEET Complex Case Designation [ Counter [ ]Joinder m1 amour ix] ames Filed with first appearance by defendant ‘demanded demanded Is (Cal. Rules of Court, rule 3.402) exceeds $25,000) $25,000 or less) items 1-6 below must be completed (see instructions on page T. Check one box below for the case type that best describes this case: meme 496069 | Auto Tort Contract Provisionally Comptex Civil Litigation [ ] Auto (22) 1) Breach of contractiwarranty (06) (Cal, Rutes of Court, rules 3.400-3.403) { ] Uninsured motorist (46) XJ Rule 3.740 collection (09) { ] Antirust/Trade regutation (03) Other PUPDIWD (Personal Injury/Property —[_] Other Collections (09) [ ] Construction defect (10) Damage/Wrongful Death) Tort { ] Insurance coverage (18) [ ] Mass tort (40) [ ] Asbestos (04) [_ ] Other contract (37) [_ ] Securities litigation (28) {| Product fiabitity (24) Real Property {_ ] Environmentat/Toxic tort (30) { ] Medical malpractice (45) [_ ] Eminent domaininverse [_ ] Insurance coverage claims arising from the above [_ ] Other PYPDAWD (23) ‘condemnation (14) listed provisionally complex case Non-PUPDMND (Other} Tort [_ ] Wrongful eviction (33) types (41) [_ ] Business tort/unfair business practice (07) [_ ] Other real property (26) Enforcement of Judgment { ] Civii rights (08) Untawful Detainer {_ ] Enforcement of judgment (20) [ ] Defamation (13) [ ] Commercial (31) Miscellaneous Civil Comptaint [ ] Fraud (16) [ ] Residential (32) 1 ] RICO (27) [_ ] Intellectual property (19) | ] Drugs (38) [_ ] Other comptaint (not specified above) (42) { ] Professional negtigence (25) Judicial Review: Miscellaneous Civil Petition [_ ] Other non-PLYPDWD tort (35) [ ] Asset forfeiture (05) { ] Parinership and corporate governance (21) Employment {_ ] Petition re: arbitration award (11) [ ] Other petiton (not specified above) (43) { ] Wrongful termination (36) [ ] Wat of mandate (02) Other employment OF al review (39 2. Thiscase [ } is [Xj isnot complex under rule 3.400 of the Calfomia Rules of Court If the case is complex, mark the factors requiring exceptional judicial management: ludicial 8. [| ] Large number of separately represented parties d.[ ] Large number of witnesses b. [ } Extensive motion practice raising difficult or novel @.[ ] Coordination and related actions pending In one or more courts Issues that will be fme-consuming to resolve in other counties, states or countries, or in a federal court ¢. [ ] Substantial amount of documentary evidence f. [ ] Substantial postjudgment Judiciat disposition 3. Type of remedies sought (check all that apply): a@.[X] monetary b. | Jnon monetary; declaratory or Injunctive reflef c.[ ] punitive 4, Number of causes of action (specify): ONE 5.Thiscase [ ]Is {X] isnot aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: March 24, 2009 le Brian N. Winn ‘4 Y {TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE © Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. © File this cover sheet in addition to any cover sheet required by local court rule. © If this case is complex under mule 3.400 et seq. of the Catifomnia Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. . © Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. 1 aye Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Gal, Rutes of Cour, nes 230. 33 229 3.4003 403.374 a CMO10 [Revs July 1, 2007) www. CoUrTnIO. C8. GOVINSTRUCTIC(” 3 ON HOW TO COMPLETE THIC ‘OVER SHEET To Plaintiffs and Othérs Filing First Papers Ifyou are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 5 on the sheet. In item 1, you must check one box for the case type that best describes the case. Ifthe case fits both 2 general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examptes of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. You do not need to submit a cover sheet with amended papers. F: ailure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties In Complex Cases In complex cases only, patties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the Cafifornia Rules of Court, this must be indicated by completing the appropriate boxes In tems 1 and 2. Ifa plaintiff designates a case as complex , the cover sheet must be served with the complaint on all parties to the action. A defendant may files and serve no later th: counter-designation that the case is not complex, or, if the plaintiff has made no designal Auto eo '22)-Personal Injury/Property Oo eI s ful ‘Death . amagenrord € Uninsured Motorist (46) (if the case Involves an uninsured motorists claim subject to arbitration, check this item instead of Auto) Other P/PD/WD (Personal Injury! fr rty Damage/Wrongful Death) bestos (04) Asbestos Property Dam Asbestos Personal Injury! ni ro! Product Liability at asbestos or toxic/environmental} (24) Medical Malpractice 45) Medical Maipractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PPD/W. (23 Premises Liability (e.g., slip and fall Intentional Bhi Injury/PDAWD- (e.g., assault, vandalism) {intentional infliction of Emotional Distress Negligent Infliction of Emotional Distress Other P/PDAWD Non-PI/PDWD (Other) Tort Business TorvUnfair Business Practice(07), Civil Rights (e.9., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, fibel) Fewdda, 19) ectual Professional Rogigence (25) Legal Matpractice ef Professional Malpractice (ret medical or tegal) ‘Other Non-PI/PD/WD Tort (35) Employment ° Wonght Termination 36) Other Employment (15) (CM-010 [Rev. July 1, 2007) CASE TYPES AND EXAMPLES Contract Breach of Contract(Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer of wrongful eviction} Contract(Warranty Breach-Seller Plaintiff (not fraud or negiigence) Negligence Breach of Contract oe Other Breach of ContractWarranty Collections (e.g., money owed, open book accou , e! ints) (09 Collection Cae ler Plaintiff, Other Promissory Note/Coltections ase Insurance C je (not provisional cori) (8), (not ly Other Real Pt reg. quiet title) (26) Writ of Possession of Real Property Moriga je Foreclosure. oye Hees Property (not minent er Real emine! domain, fandlordfenant, or foreciosure) Unlawful Detainer Commercial go Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wht of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review evi Other Judicial Review (39) Review of Health ficer Order Notice of Appeal-Lal Commissioner Appeat CIVIL CASE COVER SHEET an the time of its first appearance a joinder in the plaintiffs designation, a tion, a designation that the case is complex. Provisionally Complex Civil Litigation (Cal.Rules of Court Rule farising from provisional! formpex case type ee above) Enforcement of Judgment — Enforcement of Judgment (20) Abstract of Judgment (Out of Confession of Judgment (non- domestic relations, Judgment on Unpaid Tax Other Enforcement of Judgment Case. Miscellaneous Civil Comptaint RICO (27) ICO (2 Gther Complaint (not specified above) (42) é " spe Oectaral ory Relief On’ Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tor/non-complex) Other Civil Complaint n-tori/n (no! ON Miscellaneous Civil Petition Partnership and Corporate Govemance (21) Other Fretition (not specified above) ivil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition lex) Page 2 of 2Oo md HW WN poreepn vynnNNK Se Boe RES HFS RPNPRRRBEB SSAA AwHRY NTS » oe ew C BRIAN N. WINN (State Bar No. 86779) Ef GC iw San Franciseo County Superior Court JOHN E. GORDON (State Bar No. 180053) NAOMI S. RUST (State Bar No. 240597) mio 2.6 7nng JONATHAN B. KLEIN (State Bar No. 236982) WILLIAM J. EDWARDS (State Bar No. 241803) GO N PARK-LI, Clerk Winn Law Group, A Professional Corporation BY: THE CHAPMAN BUILDING Deputy Clerk 110 E. WILSHIRE AVE., SUITE 212 FULLERTON, CA 92832 (714) 446-6686 File No: 08-32742-0-DSI-MEL (1910-90) Attorney for Plaintiff SUPERIOR COURT SUMMONS SSuEp OF CALIFORNIA SAN FRANCISCO COUNTY, SAN FRANCISCO DISTRICT CAVALRY PORTFOLIO SERVICES, LLC, as assignee of CAVALRY SPV I, LLC, as assignee of MAZDA AMERICAN CREDIT Plaintiff, vs LLOYD E TURNER AKA LLOYD EUGENE TURNER AKA LLOYD TURNER, DOES 1 TO 10, Inclusive Defendant (s) BYFAXCGC~09-486663 Case No. “LIMITED CIVIL CASE” COMPLAINT FOR BREACH OF CONTRACT, DEFICIENCY BALANCE; OPEN BOOK ACCOUNT DEMAND AMOUNT: $6,091.52 Plaintiff, CAVALRY PORTFOLIO SERVICES, LLC, as assignee of CAVALRY SPV I, LLC, as assignee of MAZDA AMERICAN CREDIT complains of Defendants, and each of them, singularly and collectively, that: 1. The true names and capacities of Defendants herein sued by the fictitious names of DOES 1 TO 10, Inclusive, are unknown to Plaintiff, who therefore sues those Defendants under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil age COMPLAINT FOR BREACH OF CONTRACT AND COMMON COUNTS RS SA SOG] PS "1poe we OE C procedure. Plaintiff will ask leave of court to amend this complaint = after the true names and capacities of Defendants named herein as DOES 1 TO 10 have been ascertained. 2. At all times herein mentioned, Defendants were the agents, servants and employees of each other and in doing the things allegedherein, they were acting in that capacity. 3. Plaintiff is now and was at all times alleged herein, a limited liability company , duly organized and authorized to do Dower AW Fw N business in the State of California. 4. Plaintiff is informed and believes and thereon alleges that Defendant LLOYD E TURNER AKA LLOYD EUGENE TURNER AKA LLOYD TURNER is an individual who resides in the City of San Francisco, County of SAN FRANCISCO, State of California. RST E_OF ON Breach of Agreement (Against All Defendants) 5. Plaintiff repleads and incorporates herein Paragraphs 1 through 4 of this complaint. 6. Prior to filing this complaint, all right, title and interest in the agreement which is the subject of this lawsuit, was sold and assigned by the original creditor, Mazda American Credit, to CAVALRY SPV I, LLC. On or about March 06, 2008, the agreement was assigned by CAVALRY SPV I, LLC to Plaintiff. 7. On or about January 26, 2003, Defendants executed an agreement in writing (hereinafter ‘“Agreement”) for the purchase of a motor vehicle (hereinafter "the vehicle"). A true copy of this Agreement is attached hereto as Exhibit "A". Page 2 ‘COMMON COUNTS COMPLAINT FOR BREACH OF CONTRACT - DEFICIENCY BALANCE AND C TS aS SAY | NTS aeOo Ot Aw WYN — = © , 2 a C€ C 8. On or about January 26, 2003, the agreement and all right, title and interest in and to the vehicle were sold, transferred, conveyed and assigned to Plaintiff. 9. The Agreement provides for Defendants to pay to Plaintiff 60 monthly installments of $271.14 starting on FEBRUARY 25, 2003 and for Plaintiff to retain a security interest in the vehicle until the agreement is paid in full. 10, This is a simple interest loan wherein interest is computed at the rate of 5.000% per annum on the declining balance. 11. Defendant defaulted on the payments due pursuant to the agreement. Demand for the amount in default or return of the vehicle was made on Defendants, but they failed and now refuse to pay the amount due or return the vehicle to Plaintiff. 12. As a result, Plaintiff repossessed the vehicle and gave Defendants notice of Plaintiff's intent to (1) sell the vehicle and (2) apply the proceeds from the sale to the sums due on the agreement. A copy of the notice is attached hereto as Exhibit "B" and is incorporated herein by this reference thereto. 13. Defendants neither redeemed the vehicle nor reinstated the contract. As a result, Plaintiff sold the vehicle, applied the proceeds from the sale to the sums due on the agreement, and established a deficiency balance of $6,091.52. In selling the vehicle, Plaintiff acted in good faith and proceeded in a commercially reasonable manner. 14. Plaintiff made demand on Defendants for payment of the deficiency balance, but Defendants failed and now refuse to pay that sum to Plaintiff. As a result, Plaintiff has been damaged in that Page 3 COMPLAINT FOR BREACH! OF CONTRACT - DEFICIENCY BALANCE AND COMMON COUNTS | RC C amount, plus interest on that sum from May 20, 2005 at the contractual . . . - rate. Plaintiff's damages are within the jurisdictional limits of this court. 15. Under the agreement and/or by virtue of a statute, plaintiff is entitled to recover a reasonable sum for attorney fees incurred as a result of this action. 16. All conditions precedent to performance of the motor vehicle lease agreement by Defendants have been performed, waiver, wo ond AW & WN released or other wise extinguished. ECOND. E_OF IN Open Book Account a SS eT TSUN (Against All Defendants) 17. Plaintiff herein repleads and incorporates herein Paragraphs 1 through 15 of this complaint. 18. Within the last four years, Defendants were indebted to Plaintiff for 6,091.52 ("the amount due") on an open book account. 19. Plaintiff made demand on Defendants for payment of the amount due, but Defendants failed and now refuse to pay that sum to Plaintiff. As a result, Plaintiff has been damaged in that amount, plus interest on that sum from May 20, 2005 at the highest legal rate allowed by law. 20. Under an agreement and/or by virtue of a statute, Plaintiff is entitled to recover a reasonable sum for attorney fees incurred as a result of this action. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, individually and collectively, as follows: Page 4 COMPLAINT FOR BREACH OF CONTRACT - DEFICIENCY BALANCE AND COMMON COUNTSWoe C FOR RST CAUSE ION: 1 1. For principal damages in the sum of $6,091.52; | 2. For interest thereon at the rate of 5.000% from May 20, 2005 until paid in full; 3. For reasonable attorney fees; 4. For cost of suit, and 5. For such other and further relief as the Court deems just and proper. 1. For principal in the sum of $6,091.52: 2. For interest thereon from May 20, 2005 to the date of judgment at the highest legal rate allowed; 3. For reasonable attorneys fees; 4. For costs of suit; and 5. For such other and further relief as the Court deems just and proper. Dated: March 24, 2009 J Brian N. Winn Attorney for Plaintiff Page 5 COMPLAINT FOR BREACH OF CONTRACT - DEFICIENCY BALANCE AND COMMON COUNTSEXHIBIT A PT SYee Bien oss 0 0g wee Cocca re anon oe ago aah Hv, ca J Gayo tom seme ter en be cme tome +7 ili i ae i i 5 3 iEXHIBIT B a SE Se iF RTE‘Potwasoeg90031 LLOYD £. TURNER NOTICE OF OUR PLAN TO SELL. PROPERTY ‘We have your property described sbove because you Biche promiees it OXF areerert. ‘Wa wil wed ihe procerty described anave OL @ private aa wometime efter_Z0_ ders from the Date of Nocioe shown shove, “The maney that we get Som the sale [afer ping our costa, nckating remecrabie attorney's tees ind legal erase M peered by le!) wl reduce {he erourl you owe. Wwe Dat led raoney than you oon, you WE wal owe Us tre Grierence, Uwe et mare merey Fan you owe, you WA pet he ire rome, eriees wa must pay fo mamecne ot, You oon get he prover beck af eny tme befure we esl I by peying us the ful emeunt you owe, {nf just the peal due peyments) Inckucing ow expenses. ‘Toleam tie exact emourt you must pay cul ue of he telephone nur abowt. {Ryu wert us to wxisin to you fr orting tow we Neve figured fhe @cicl proUr that you Owe Us, you mey call un Of Pe wephore numbe” BDOre, oF wre Us. ‘8 a excess above and requeal @ weRtan wDIeNTBON tyounsed mere inormasen about ne pelt cal us athe telephone number stove, oF wrte us af fhe eddrwan stove. (fie sre eending fie relics tothe following peocle who have an intarest inthe poparty Geacrbed above of who owe woney under your soreament” 1) Tha ‘buyer end ery pobuyet herved ebove, 2) Any uvier remed above: 3) 1 few are Pwr people, ney ae nermed cn en etiactenat tt wn fe notice. ‘You have editoonet gins under Callfornia few, Inctuct'g the right pdeional ne for petzng the vehicle beck. You sieo may hve the right to oet Pt \vervce beck by paying lees than the Mf coriract bares, Presse med the rofce: SALES FIMANCE ACT talow for 8 descttcton of frame accPhonel ice. ‘of RIGHTS OF DEFAULTING PARTIES UNDER CALIFORNIA AUTOMOBILE RIGHTS OF DEFAULTING PARTIES UNDER CALIFORNIA AUTOMOBILE SALES FINANCE ACT. —___ RIGHTS OF DEFAULTING PARTIES UNDER CA YOU ARE Ih DEFAULT UNDER TOUR CONTRACT AS FOLLOWS: [i] Ovarasn payers: C1 Fotere tw oben or maintain required reurarce, OC ote. amare oe . $ piss 20503. : ate SaaS 1) Senpwtrpocret Yer vari en bon ere by « poereend $ 74 ZOSA eee HOW TO GET YOUR VEHICLE BACK (Send all peymentsicorresponidence to the name and address shown on the lectermesd stove). [ED You may receem me verecse ty folowing the inaiructone uniar “REOEEMING" beiow, Dp “You can restore the contract end pay hture morenly payments bs they Decerte due by fosioing the Instructions under "REINSTATEMENT: below, {1 Yourmey nck cure the Gateut and reinwte the contract because: . [1 Tne covet hed, prt thw ove danced C1tet, been reine ance beter whtwn te Wat 12 mortne or ince beoredrog Drm of te contrat, OO other (specty: REINSTATEMENT, ‘To RENSTATE your contrect you must do the folowing win _20._ oye tram ‘Foote of as nctice x before Dw watice i eotd, arachover er, [EJ Pay to Creditor by ehck or money onder the foloning arrourt Peynents) pos ve sS__ se (Detour pxtecdon and detquancy charges $4208 Caperwee of ream re vanicie se Expernee of eixing the were $ TOTAL 4. 4 {2 Pls payments or senses that mey Docome ous or be incured curing the penco stated s0ove (i ove (tower _ BEE ATTACHED — REDEEMING To REDEEM you webicte you muat do the following within 72 dys trom the cet 6 om coe bare re weticie W 804, Wicne bt. Bi Pay 0 coecees by erect or money orca the folowing amount: $ 0067 44 —_ as _ [Delinoueney end cobecton cra one t:___ wa Caperece of retaking the vetseat 3s Eapenans of sting the vhicle a _ swTom $ 23592 Lots: Retire of uneemed Rnance charge $n Uneemed heurence premium S TOTAL AMOUNT RECUIRED TO REDEEM THE VEHICLE AS OF THEDATEOFTHISNOTICE = go 57 ‘Pus eperess incurred an fens rebate recetved ater the Orie of Tra oe Ty Sew core: ste arTgMED ——— $$ a We fiend t Gepoee of the motor veticie Upan @xpryen OF _20_ Gays trom the gMng or malirg ofthis roe Upon wrtten reaueel {you may use the enclosed fern for an purpons) pernorety secved 0 pent by partied or rigasered Mra, rum receicl feqursitd, to De name end eccress referenced in the encheed tem, wet irecebed belore tha expiration of fe inital redemption and renetatement petods, Ha wll endend without futher noboe tor an eadbona 18 Geys tne recerotort parted and, Tertiied, fie reneatment period described sbove FPNA 11800 Oct 01 Prrscve pions ey MOT 80 ed Prmned LSA, Pepe tof 2 (See omer 2108 for iroortee Indore[01 Tea wee reqcaree your vanicie be held fare 30 dry erpoundmert period. We cannd release the veucle to you tl efter devs even # you redeem or retistate. a "iia" vo erene.rsmenremromrnt ——— — — — [1 PERSONAL PROPERTY - Ary Personal Property found in ou cflatera iy be reciaimed by you with tne fred 60 devs or, accomdance wih stew bw, Dyerreactng me cthee al he adorees or phone punter on he iterneed above, Thereafter, ne personel property anal be dhecer aed scconNApy. DD crecice may hove seeigred to Ne quashed intermediary (C1 Excnange, LLC) he rights (Out hol Ra obdigetone) wih reapect to the sale of each vericin beled MILEAGE DISCLOBURE + if you ara wrere thet lhe mileage refecied on the vehicle's odometer fa net acturele for ary reeson, plenee contact us 40 thel ‘wo can eccusriaiy repon the vehicar's mbeage. ‘Aftar tha veniche le Sold, you will be sani ea eccouning reganting the dhpoeition of the vebicle. You wey also parsonalty serve oF vend & wreten, (reqeret lor wn eccousrhng to ud, Wii 1 Your Of Be date of tmpoetion fot ania) of the wahicie. The weitten request muti be parsonaity served st Mazon Amaticen Crecierboree canter, 4 Park Phaze, Sule £260, Wing CA STEM ‘or sent first-class rad, postege prepald, 0 Certified mall, ehum receipt requested. 10 Ut BC The harhe and scdress shown on the Inttertesd above, INSURANCE RIGHTS Wf you don't want to pol your prooenty beck, call the eurance compary or thw ctelertorichal creator to mein eure that any Ineuraree hes been cencebed. You havea 8 APE tn get creck for ll premium rahe, Gand al payments/bemespondence to he name end address shows on the letertnad sce, LUpen the dirposition of your vehicle, you wil be Table for the deficiency balance plus interest at the contract sete, of sf he legal tate of interest ‘pursuant te Bection 3239 ine Caltoria Civil Coda i there le fe Contract rete of mcerest, Irom cate of reposition at your vanicle 10 Ce ‘dane of eetry of judgrmert. ‘Very ray yours, ENCLOSURE MECHELLE M MAYS Pageza2 FF 11000 Ont 01 Proven actors may MOT be (oe otter 2:00 for portant Inforetion) TS TE S| SPDMazes Aicercan Cra ~~ DESCRIPTION OF PROPERTY Year — ]Make Gi) New 2009 [Kuk OC Utes Vehicie Isent-ficshon Number. KNAFB 121496233034 Model (Body SPECT = TURNER Request For Extension of Redemption/Relnstatement Period ‘To: Creditor “The undersigned hereby requests that you extend for an additionst 10 days the redamption period end, I! entiiaa, the reinstatement period provided for in the Notice Of Our Pian To Sell Property received by the undersigned trom you and dated 4-12-2005. — Tore Or ner 9 Ouest Date Signed, —_ Note; Ths request must be personatly served or seni by certified or registered mall, return recelpt requested, to the Crednor office shown beiew. This request must be received before the expiration of the intial redempllonreinstatement pertos. Requests sent by certified or registered mai, return — _Marce Amencan Cracf receipt requested, should be sent to; eee Requests personally sueved shouid be detvered to: Wards rmican Gro Fema it2t Oat EE YEEC 1 |) Brian N. Winn (State Bar No. 86779) John E. Gordon (State Bar No. 180053) 2 l!Naomi S. Rust (State Bar No, 240597) Jonathan B. Klein (State Bar No. 236982) 3 || witliam J. Edwards (State Bar No. 241803) Winn Law Group, a Professional Corporation 4 |1110 E, Wilshire Avenue, Suite 212 Fullerton, CA 92832 5 || Telephone: (714) 446-6686 Fax No.: (714) 446-6680 6 || File No.: 08-32742-0-DSI-MEL 7 8 9 Attomeys for Plaintiff SUPERIOR COURT OF CALIFORNIA SAN FRANCISCO COUNTY, SAN FRANCISCO DISTRICT _ BYFAX - CAVALRY PORTFOLIO SERVICES, LLC casenop C- 09-4 9666 3 Plaintiff, DECLARATION RE: VENUE vs {C.C. Section 2984.4] LLOYDE TURNER, ETAL. says), | “LIMITED CIVIL MATTER” . I, the undersigned, hereby declare that 1. The contract herein sued upon is hereinafter called and referred to as "the contract”. 5 2. This action is filed in the judicial district in which: 19 [_] The contract was in fact signed. 20 [X] One of the defendant(s) currently reside(s). a [_] One of the defendant(s) resided when the contract was entered into. » I declare under penalty of perjury that the foregoing is true and correct. Dated and executed on 3 March 24, 2009, in the City of Fullerton, State of UO ye 24 } Brian N. Winn 25 Attomey for Plaintiff 26 27 ge DECLARATION RE: VENUE a AE SOD