On February 14, 2022 a
Party Statement
was filed
involving a dispute between
Lobel Financial Corp.,,
and
Baltierra, Manuel,
Does 1 To 10,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
Gary Dean Lobel CBN 105983
Ronald J. Green CBN 177043
Jr.
Chapman A. Brewer CBN 339414
1150 N. Magnolia Avenue °‘C'PfR‘0R
CO T} 'EFCD.1
F
.
*‘
Anaheim, CA 92801-2605 LWEERNA "U "'"Fn«‘l‘rLr'~Fz)?55
\
O D STP'CT
(714) 995-3333
NOV 0 8 2022
Wtorneys for Plaintiff,
LOBEL FINANCIAL CORPORATION
SUPERIOR COURT OF CALIFORNIA
SAN BERNARDINO JUSTICE CENTER
10
11
)
12
LOBEL FINANCIAL CORR, )
CVISBZZO3122
a California Corporation,
13 i Declaration of Shiloy Krause regarding Breach of
Plaintiff, )
Contract [C.C.P. 585]
14 vs. )
15
j
MANUEL BALTIERRA )
16
)
)
17
)
'18 )
)
19 Does 1 to 10 )
)
20 Defendant(s) )
)
21
I, Shiloy Krause declare;
22
QUALIFICATIONS TO TESTIFY: am over the age | of 18 years old and a resident of the State of CA. If called upon to do so, I can
23
and shall competently testify to the matters set forth herein as the same are of my own personal knowledge.
24
CUSTODIAN OF RECORDS: am employed I
by LOBEL FINANCIAL CORPORATION (“LOBEL”) as the Legal Department
25
'Manager and I have been so employed in that capacity since July 18,2003. l am required to know and, in fact, am familiar with the
26
jobs of LOBEL’S employees and the methods which they use in acquiring the retail installment sales contracts, servicing accounts,
27
making bookkeeping entries and maintaining other records. The records are made in the normal course of business, at or near the time
28
of the act, condition, or event, by a person with a business duty to do so. I am one of the custodians of LOBEL'S records herein; and, in
Label
FinanCIal
Corporation making this Declaration, l have reviewed those records and declare that those records reflect the facts as set forth herein.
documents and, where the original is no longer
USE 0F COPIES. LOBEL duly photocopied and/or scanned all original
available, LOBEL has presented a true and correct copy of same. (Ev.C § 1550].
ASSIGNMENT 0F CONTRACTS: A customer, such as the defendant(s) in this action, who purchases a vehicle from a car
dealership, enters into a retail instaHment sales contracts (“RISC”) with that dealership. LOBEL will thereafter take assignment of
the RISC, and become entitled to all payments owed by the customer under the RISC.
When a car dealership delivers a RISC to LOBEL for potential purchase, LOBEL conducts an underwriting review process
prior to accepting assignment of the RISC.
an interview with the customer. The underwriter will call the customer and
Included in every underwriting review process is
confirm: (1) that they saw who they say they are; (2) they have signed the RISC, (3) they have purchased the vehicle and all the
lO
represented equipment is on the vehicle. The undewvriter’s interview with the customer is documented in an Interview Sheet. It is in
ll
LOBEL’s interest to confirm that it is receiving an assignment where there is a real vehicle and a real customer.
12
If it appears from the customer interview that the customer did not sign the RISC, or there is some other problem with the
13
RISC or vehicle, LOBEL will not accept assignment. No funds will be release and the RISC will not be accepted.
underwriting has confirmed the customer’s identity and other facts, the gflgin_al RISC, along with other
documents, is
Once
15
LOBEL. All original RISCs delivered to a LOBEL branch office, and then are forwarded to LOBEL’s corporate offices.
delivered to
1.6
LOBEL’s scanning department will make an electronic image of the RISC and save it to the customer’s file. The original
l7
file cabinets located within my department. The original RISC is in LOBEL’s possession prior
'18 RISC is then stored for safekeeping in
funds are delivered to the dealership. LOBEL wi|| not give final approval without being in possession of the original
19 to the time the
2O RISC.
21 THE SUBJECT CONTRACT AND ASSIGNMENT: have I reviewed records on this account, including the customer
22 Interview Sheet, which shows that LOBEL’s underwriters contacted defendant(s) prior to the acceptance of the assignment of the
23 Contract, and verified they were purchasers of the Vehicle and had entered into the Contract.
24 Based on my review of the records maintained on the account, I state that on or about June 22, 2020 defendant(s)
25 MANUEL BALTIERRA, entered into a RISC (the “Contract") for the purchase of a 17 HYUNDAI ELANTRA, VIN
"1 The
26 5NPD74LF1 HH153523 (the “Vehicle“). The original Contract, which was assigned to LOBEL, is attached hereto as Exhibit
27 Contract obligated defendant(s) to make monthly payments.
28
NOT A THIRD PARTY COLLECTION AGENCY: The Contract was assigned directly from the Assignor
LOBEL FINANCIAL IS
Lobel
dealership to LOBEL. LOBEL is a finance company and is not a third party collection agency.
Fmancia|
Corporation
Document Filed Date
November 08, 2022
Case Filing Date
February 14, 2022
Category
Rule 3.740 Collections $10,000 or Less Limited
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Gary Dean Lobel CBN 105983 Ronald J. Green CBN 177043 Jr. Chapman A. Brewer CBN 339414 1150 N. Magnolia Avenue °‘C'PfR‘0R CO T} 'EFCD.1 F . *‘ Anaheim, CA 92801-2605 LWEERNA "U "'"Fn«‘l‘rLr'~Fz)?55 \ O D STP'CT (714) 995-3333 NOV 0 8 2022 Wtorneys for Plaintiff, LOBEL FINANCIAL CORPORATION SUPERIOR COURT OF CALIFORNIA SAN BERNARDINO JUSTICE CENTER 10 11 ) 12 LOBEL FINANCIAL CORR, ) CVISBZZO3122 a California Corporation, 13 i Declaration of Shiloy Krause regarding Breach of Plaintiff, ) Contract [C.C.P. 585] 14 vs. ) 15 j MANUEL BALTIERRA ) 16 ) ) 17 ) '18 ) ) 19 Does 1 to 10 ) ) 20 Defendant(s) ) ) 21 I, Shiloy Krause declare; 22 QUALIFICATIONS TO TESTIFY: am over the age | of 18 years old and a resident of the State of CA. If called upon to do so, I can 23 and shall competently testify to the matters set forth herein as the same are of my own personal knowledge. 24 CUSTODIAN OF RECORDS: am employed I by LOBEL FINANCIAL CORPORATION (“LOBEL”) as the Legal Department 25 'Manager and I have been so employed in that capacity since July 18,2003. l am required to know and, in fact, am familiar with the 26 jobs of LOBEL’S employees and the methods which they use in acquiring the retail installment sales contracts, servicing accounts, 27 making bookkeeping entries and maintaining other records. The records are made in the normal course of business, at or near the time 28 of the act, condition, or event, by a person with a business duty to do so. I am one of the custodians of LOBEL'S records herein; and, in Label FinanCIal Corporation making this Declaration, l have reviewed those records and declare that those records reflect the facts as set forth herein. documents and, where the original is no longer USE 0F COPIES. LOBEL duly photocopied and/or scanned all original available, LOBEL has presented a true and correct copy of same. (Ev.C § 1550]. ASSIGNMENT 0F CONTRACTS: A customer, such as the defendant(s) in this action, who purchases a vehicle from a car dealership, enters into a retail instaHment sales contracts (“RISC”) with that dealership. LOBEL will thereafter take assignment of the RISC, and become entitled to all payments owed by the customer under the RISC. When a car dealership delivers a RISC to LOBEL for potential purchase, LOBEL conducts an underwriting review process prior to accepting assignment of the RISC. an interview with the customer. The underwriter will call the customer and Included in every underwriting review process is confirm: (1) that they saw who they say they are; (2) they have signed the RISC, (3) they have purchased the vehicle and all the lO represented equipment is on the vehicle. The undewvriter’s interview with the customer is documented in an Interview Sheet. It is in ll LOBEL’s interest to confirm that it is receiving an assignment where there is a real vehicle and a real customer. 12 If it appears from the customer interview that the customer did not sign the RISC, or there is some other problem with the 13 RISC or vehicle, LOBEL will not accept assignment. No funds will be release and the RISC will not be accepted. underwriting has confirmed the customer’s identity and other facts, the gflgin_al RISC, along with other documents, is Once 15 LOBEL. All original RISCs delivered to a LOBEL branch office, and then are forwarded to LOBEL’s corporate offices. delivered to 1.6 LOBEL’s scanning department will make an electronic image of the RISC and save it to the customer’s file. The original l7 file cabinets located within my department. The original RISC is in LOBEL’s possession prior '18 RISC is then stored for safekeeping in funds are delivered to the dealership. LOBEL wi|| not give final approval without being in possession of the original 19 to the time the 2O RISC. 21 THE SUBJECT CONTRACT AND ASSIGNMENT: have I reviewed records on this account, including the customer 22 Interview Sheet, which shows that LOBEL’s underwriters contacted defendant(s) prior to the acceptance of the assignment of the 23 Contract, and verified they were purchasers of the Vehicle and had entered into the Contract. 24 Based on my review of the records maintained on the account, I state that on or about June 22, 2020 defendant(s) 25 MANUEL BALTIERRA, entered into a RISC (the “Contract") for the purchase of a 17 HYUNDAI ELANTRA, VIN "1 The 26 5NPD74LF1 HH153523 (the “Vehicle“). The original Contract, which was assigned to LOBEL, is attached hereto as Exhibit 27 Contract obligated defendant(s) to make monthly payments. 28 NOT A THIRD PARTY COLLECTION AGENCY: The Contract was assigned directly from the Assignor LOBEL FINANCIAL IS Lobel dealership to LOBEL. LOBEL is a finance company and is not a third party collection agency. Fmancia| Corporation