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Defendant CAPITAL ONE AUTO FINANCE,
A DIVISION OF CAPITAL ONE, N.A., erroneously named as
Capital One, National Association
7933 Preston Rd.
Plano, TX 75024
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
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12 Case No. 18SC075995
13 WILLIAM LEN, DEFENDANT CAPITAL ONE AUTO
FINANCE, A DIVISION OF CAPITAL
14 Plaintiff, ONE, N.A.’S DECLARATION IN LIEU
OF PERSONAL APPEARANCE AT
15 Vv. SMALL CLAIMS TRIAL
16 XIANG TIM ALICHANH, AUTO NATION Date: February 8, 2019
GROUP DBA MERCEDES-BENZ OF SAN Time: 8:30 a.m.
17 JOSE, CAPITAL ONE, NATIONAL Dept.: Dept. 15
ASSOCIATION. 191 North First St.
18 San Jose, CA 95113
Defendants.
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DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL
DECLARATION OF KEVIN LAWSON
I, Kevin Lawson, declare as follows:
1 Jam employed as a Principal Associate, Supplier Mgmt for Capital One Auto
Finance, A Division of Capital One, N.A. (“Capital One”), which is located in Plano, Texas. I
submit this declaration in support of Capital One’s defense, and in lieu of its personal appearance at
the small claims trial set for February 8, 2019, at 8:30 a.m. in the Small Claims Division of Santa
Clara County Superior Court, located at 191 North First Street, San Jose, CA 95113 (“Declaration”
2 California Code of Civil Procedure section 116.510 provides that the objective of
small claims actions is to “dispense justice promptly, fairly, and inexpensively.” See Cal. Civ. Code
§ 116.510 (emphasis added). In order to appear at trial in California, I would need to set aside two
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business days, incur significant travel expenses (including flights to and from California). See Cal.
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Civ. Code § 116.510. For this reason, I am unable to personally appear and submit this Declaration
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in lieu of Capital One’s personal appearance at the February 8, 2019 trial.
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3 In my capacity as a Principal Associate, Supplier Mgmt, I am familiar with Capital
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One’s account systems and records. It is in this capacity that I have reviewed the records at issue in
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this matter.
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4 The following facts are true of my own knowledge and research, and if called upon.
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to testify, I could and would competently testify truthfully thereto.
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L INTRODUCTION
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5 The small claims claim (the “Claim”) filed by plaintiff, William Len (“Plaintiff”)
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alleges that Capital One and co-defendants Xiang Tim Alichanh and Auto Nation Group dba
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Mercedes-Benz of San Jose (collectively, “Defendants”) owe him $10,000 because of “breach of
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agreement. Plaintiff did not qualify for auto loan on vehicle purchase and was instructed by sales
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dep[artment] to place loan into friend’s name. Straw purchase. Named defendant has breached
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terms of agreement. Gross misrep[resentation].” See Claim, §3(a). Plaintiff claims to have
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calculated the $10,000 in damages sought based on “[p]aid amount for down payment plus all paid
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monthly payments. Additional costs incurred. Defendant, Mr. Alichanh has demanded vehicle to
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be returned and refuses to re-pay all monies already paid. Fraudulent loan.” Claim, 3(c). For the
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foregoing reasons, as discussed more fully below, the Court should dismiss Plaintiff's Claim.
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DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL
1 Il-THE COURT SHOULD DISMISS PLAINTIFF’S CLAIM WITH PREJUDICE
6 Capital One respectfully requests that the Court dismiss Plaintiffs Claim because, on
its face, the Claim is vague and ambiguous as it provides no specifics regarding what, if any, legal
claim Plaintiff is attempting to assert as to Capital One with this action and/or what allegedly
improper conduct by Capital One (and/or the other Co-Defendants) establishes such Claim. For
example, Plaintiff's Claim is devoid of any information regarding (1) the purported Capital One
account at issue in Plaintiff's Claim, (2) identification of the Vehicle at issue in Plaintiff's Claim,
(3) any conduct by Capital One resulting in damage to Plaintiff, (4) the date or time period on which
the alleged events at issue in Plaintiff's Claim occurred, (5) an itemization of his alleged damages
10 totaling $10,000. See Claim. As a result, Capital One is wholly unclear as to the claims being
11 alleged against it, making it impossible to fairly defend against Plaintiff's claims at trial.
12 Til. CONCLUSION
13 7. Based on the foregoing, Plaintiff's Claim should be dismissed with prejudice.
14 However, in the event that the Court would like to obtain additional information or clarification
15 about anything in this Declaration, Capital One respectfully requests the opportunity to submit
16 further evidence to address such concerns or the opportunity to appear telephonically at the Court’s
17 convenience.
18 I declare under penalty of perjury under the laws of California and Florida that the foregoing
19 is true and correct. Executed on February 6 , 2019 at Tampa, Florida.
tes Loe —
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22 Kevin Lawson
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DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
Iam employed in the County of Los Angeles, State of California. I am over the age of 18
years and not a party to the within action. My business address is 1888 Century Park East, Suite
1850, Los Angeles, California 90067.
On February 6, 2019, I served the foregoing document described as DEFENDANT
CAPITAL ONE AUTO FINANCE, A DIVISION OF CAPITAL ONE, N.A.’S
DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL
on the interested parties in this action by placing the original and/or a true copy thereof enclosed in
(a) sealed envelope(s), addressed as follows:
SEE ATTACHED SERVICE LIST
BY REGULAR MAIL: I deposited such envelope in the mail at 1888 Century Park East,
Suite 1850, Los Angeles, California. The envelope was mailed with postage thereon fully
10 prepaid. I am “readily familiar” with the firm’s practice of collection and processing
correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in
11 the ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one (1) day
12 after date of deposit for mailing in affidavit.
13 BY FACSIMILE MACHINE: I transmitted a true copy of said document(s) by facsimile
machine, and no error was reported. Said fax transmission(s) were directed as indicated on
14 the service list.
15 BY OVERNIGHT DELIVERY: I caused such documents to be delivered overnight via
an overnight delivery service in lieu of delivery by mail to the addressees. The envelope or
16 package was deposited with delivery fees thereon fully prepaid.
17 BY ELECTRONIC MAIL: I transmitted a true copy of said document(s) via electronic
mail, and no error was reported. Said email was directed as indicated on the service list.
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BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the
19 above addressee(s).
20 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
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Executed on February 6, 2019, at Los Angeles, California.
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PROOF OF SERVICE
SERVICE LIST
BY OVERNIGHT DELIVERY
William Len T: (510) 640-3398
2076 Lavonne Ave.
San Jose, CA 95116 Plaintiff, in pro per
BY OVERNIGHT DELIVERY
Xiang Tim Alichanh Defendant
829 Donohoe St.
E. Palo Alto, CA 94303
BY ELECTRONIC MAIL
10 Tami S. Crosby, Esq. T: (714) 544-0041
KOLAR & ASSOCIATES F: (714) 544-0051
11 12241 Newport Avenue tami@kolarandassociates.com
Santa Ana, CA 92705
12 Attorneys for Defendant, Auto Nation Group dba
Mercedes-Benz of San Jose
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PROOF OF SERVICE
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Defendant CAPITAL ONE AUTO FINANCE, A DIVISION OF CAPITAL ONE, N.A., erroneously named as Capital One, National Association 7933 Preston Rd. Plano, TX 75024 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 10 11 12 Case No. 18SC075995 13 WILLIAM LEN, DEFENDANT CAPITAL ONE AUTO FINANCE, A DIVISION OF CAPITAL 14 Plaintiff, ONE, N.A.’S DECLARATION IN LIEU OF PERSONAL APPEARANCE AT 15 Vv. SMALL CLAIMS TRIAL 16 XIANG TIM ALICHANH, AUTO NATION Date: February 8, 2019 GROUP DBA MERCEDES-BENZ OF SAN Time: 8:30 a.m. 17 JOSE, CAPITAL ONE, NATIONAL Dept.: Dept. 15 ASSOCIATION. 191 North First St. 18 San Jose, CA 95113 Defendants. 19 20 21 22 23 24 25 26 27 28 DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL DECLARATION OF KEVIN LAWSON I, Kevin Lawson, declare as follows: 1 Jam employed as a Principal Associate, Supplier Mgmt for Capital One Auto Finance, A Division of Capital One, N.A. (“Capital One”), which is located in Plano, Texas. I submit this declaration in support of Capital One’s defense, and in lieu of its personal appearance at the small claims trial set for February 8, 2019, at 8:30 a.m. in the Small Claims Division of Santa Clara County Superior Court, located at 191 North First Street, San Jose, CA 95113 (“Declaration” 2 California Code of Civil Procedure section 116.510 provides that the objective of small claims actions is to “dispense justice promptly, fairly, and inexpensively.” See Cal. Civ. Code § 116.510 (emphasis added). In order to appear at trial in California, I would need to set aside two 10 business days, incur significant travel expenses (including flights to and from California). See Cal. ll Civ. Code § 116.510. For this reason, I am unable to personally appear and submit this Declaration 12 in lieu of Capital One’s personal appearance at the February 8, 2019 trial. 13 3 In my capacity as a Principal Associate, Supplier Mgmt, I am familiar with Capital 14 One’s account systems and records. It is in this capacity that I have reviewed the records at issue in 15 this matter. 16 4 The following facts are true of my own knowledge and research, and if called upon. 17 to testify, I could and would competently testify truthfully thereto. 18 L INTRODUCTION 19 5 The small claims claim (the “Claim”) filed by plaintiff, William Len (“Plaintiff”) 20 alleges that Capital One and co-defendants Xiang Tim Alichanh and Auto Nation Group dba 21 Mercedes-Benz of San Jose (collectively, “Defendants”) owe him $10,000 because of “breach of 22 agreement. Plaintiff did not qualify for auto loan on vehicle purchase and was instructed by sales 23 dep[artment] to place loan into friend’s name. Straw purchase. Named defendant has breached 24 terms of agreement. Gross misrep[resentation].” See Claim, §3(a). Plaintiff claims to have 25 calculated the $10,000 in damages sought based on “[p]aid amount for down payment plus all paid 26 monthly payments. Additional costs incurred. Defendant, Mr. Alichanh has demanded vehicle to 27 be returned and refuses to re-pay all monies already paid. Fraudulent loan.” Claim, 3(c). For the 28 foregoing reasons, as discussed more fully below, the Court should dismiss Plaintiff's Claim. 1 DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL 1 Il-THE COURT SHOULD DISMISS PLAINTIFF’S CLAIM WITH PREJUDICE 6 Capital One respectfully requests that the Court dismiss Plaintiffs Claim because, on its face, the Claim is vague and ambiguous as it provides no specifics regarding what, if any, legal claim Plaintiff is attempting to assert as to Capital One with this action and/or what allegedly improper conduct by Capital One (and/or the other Co-Defendants) establishes such Claim. For example, Plaintiff's Claim is devoid of any information regarding (1) the purported Capital One account at issue in Plaintiff's Claim, (2) identification of the Vehicle at issue in Plaintiff's Claim, (3) any conduct by Capital One resulting in damage to Plaintiff, (4) the date or time period on which the alleged events at issue in Plaintiff's Claim occurred, (5) an itemization of his alleged damages 10 totaling $10,000. See Claim. As a result, Capital One is wholly unclear as to the claims being 11 alleged against it, making it impossible to fairly defend against Plaintiff's claims at trial. 12 Til. CONCLUSION 13 7. Based on the foregoing, Plaintiff's Claim should be dismissed with prejudice. 14 However, in the event that the Court would like to obtain additional information or clarification 15 about anything in this Declaration, Capital One respectfully requests the opportunity to submit 16 further evidence to address such concerns or the opportunity to appear telephonically at the Court’s 17 convenience. 18 I declare under penalty of perjury under the laws of California and Florida that the foregoing 19 is true and correct. Executed on February 6 , 2019 at Tampa, Florida. tes Loe — 20 21 22 Kevin Lawson 23 24 25 26 27 28 2 DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Iam employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1888 Century Park East, Suite 1850, Los Angeles, California 90067. On February 6, 2019, I served the foregoing document described as DEFENDANT CAPITAL ONE AUTO FINANCE, A DIVISION OF CAPITAL ONE, N.A.’S DECLARATION IN LIEU OF PERSONAL APPEARANCE AT SMALL CLAIMS TRIAL on the interested parties in this action by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s), addressed as follows: SEE ATTACHED SERVICE LIST BY REGULAR MAIL: I deposited such envelope in the mail at 1888 Century Park East, Suite 1850, Los Angeles, California. The envelope was mailed with postage thereon fully 10 prepaid. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in 11 the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day 12 after date of deposit for mailing in affidavit. 13 BY FACSIMILE MACHINE: I transmitted a true copy of said document(s) by facsimile machine, and no error was reported. Said fax transmission(s) were directed as indicated on 14 the service list. 15 BY OVERNIGHT DELIVERY: I caused such documents to be delivered overnight via an overnight delivery service in lieu of delivery by mail to the addressees. The envelope or 16 package was deposited with delivery fees thereon fully prepaid. 17 BY ELECTRONIC MAIL: I transmitted a true copy of said document(s) via electronic mail, and no error was reported. Said email was directed as indicated on the service list. 18 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the 19 above addressee(s). 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 Executed on February 6, 2019, at Los Angeles, California. 22 23 Oe Dita ee 7 ot C27 24 25 26 27 28 PROOF OF SERVICE SERVICE LIST BY OVERNIGHT DELIVERY William Len T: (510) 640-3398 2076 Lavonne Ave. San Jose, CA 95116 Plaintiff, in pro per BY OVERNIGHT DELIVERY Xiang Tim Alichanh Defendant 829 Donohoe St. E. Palo Alto, CA 94303 BY ELECTRONIC MAIL 10 Tami S. Crosby, Esq. T: (714) 544-0041 KOLAR & ASSOCIATES F: (714) 544-0051 11 12241 Newport Avenue tami@kolarandassociates.com Santa Ana, CA 92705 12 Attorneys for Defendant, Auto Nation Group dba Mercedes-Benz of San Jose 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE