Preview
Electronically FILED by Superior Court of California, County of Riverside on 08/04/2023 11:28 AM
Case Number CVPS2303772 0000066110239 - Jason B. Galkin, Executive Officer/Clerk of the Court By Jacqueline Reyes, Clerk
April E. Roberts, Esq. - Bar No. 254020
LAW OFFICES OF ALEC HARSHEY
901 South State Street, Suite 400
Hemet, California 92543
Telephone: (951) 658-2168
a.e.roberts@verizon.net
Attorneys for Plaintiff:
MALAN, LLC
THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
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PALM SPRINGS COURTHOUSE - UNLIMITED CIVIL (Over $25,000.00)
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MALAN, LLC, ) Case No:
12 a California Limited Liability )
Company,
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COMPLAINT FOR:
1) CLAIM & DELIVERY;
14 Plaintiff,
2) BREACH OF CONTRACT; AND
3) COMMON COUNT- MONEY
15 vs.
LENT
16 JESUS LEON CARRILLO, an
individual, and DOES 1-10,
[Over $25,000]
17 inclusive,
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Defendants.
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20 Plaintiff, MALAN LLC, alleges as follows:
21 GENERAL ALLEGATIONS
22 ALL DEFENDANTS
23 1 Plaintiff, MALAN, LLC, is a California Limited Liability
24 Company in good standing with the State of California conducting
25 its principal place of business at49305 Hwy 74 Space 174, Palm
26 Desert, CA 92260.
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET Page | of 6 [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
2 Defendant, JESUS LEON CARRILLO, is an individual residing
in Riverside County, CA at 16820 Avenida Descanso, Desert Hot
Springs, CA 92240.
3 The true names or capacities, whether individual,
corporate, associate or otherwise, of Defendants, DOES ONE through
TEN, Inclusive, are unknown to Plaintiff, who therefore sues said
Defendants by such fictitious names. Plaintiff will amend this
Complaint to show their true names and capacities when the same
have been ascertained. Plaintiff is informed and believes, and on
10 such information and belief alleges, that each of the Defendants
11 designated herein as a DOE is responsible in some manner for the
12 events and happenings herein referred to, and thereby proximately
13 caused injury and damages to the Plaintiff as herein alleged.
14 4 At all times herein mentioned, each of the Defendants was
15 the agent, servant and employee of each of the remaining Defendants
16 and was at all times acting within the purpose and scope of said
17 agency and employment and with the permission and consent of his
18 or her Co-Defendant.
19 5 Jurisdiction and venue are proper in this Court because
20 this is the County and judicial district in which the subject
21 manufactured home is situated and where Defendant currently
22 resides.
23 FIRST CAUSE OF ACTION
24 (Claim and Delivery)
25 6 Plaintiff re-alleges and incorporates herein by reference
26 paragraphs 1-5 of the General Allegations as though fully set
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET Page 2 of 6 [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
forth.
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On April 2, 2018, Plaintiff and Defendant entered into a
written Agreement to Sell Manufactured Home (“Agreement”) for the
sum of $65,000. A true and correct copy of this Agreement is
attached hereto as Exhibit 1 and incorporated herein by reference.
8 The Agreement was that Defendant was to purchase from
Plaintiff a 2006 Golden West manufactured home with serial numbers:
PERO33552CAA and PERO33552CAB (the “Home”) . The balance of the
purchase price of $65,000 was to be paid over 240 months at 11%
10 simple interest, with payments of $671 per month, with insurance
11 for a total of $771 per month beginning with the first payment on
12 May 1, 2018. The Agreement further stated that Defendant would
13 maintain fire and liability insurance on the home and is
14 responsible for his pro rata share of all property taxes due. The
15 manufactured home was and is located at:16820 Avenida Descanso,
16 Desert Hot Springs, CA 92240.
17 9 In April, 2018, Defendant obtained possession of the
18 manufactured home pursuant to the Agreement. After obtaining
19 possession of the Home, Defendant failed to make the June 1, 2022
20 payment and all other subsequent payments.
21 10. Plaintiff has demanded Defendant make all delinquent
22 payments due, but Defendant has failed and refused. A true and
23 correct copy of Notice of Default sent to Defendant dated August 8,
24 2022 is attached hereto as Exhibit 2, and incorporated herein by
25 reference. Plaintiff then demanded that Defendant return the
26 manufactured home but Defendant has failed to return the Home after
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET Page 3 of 6 [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
Plaintiff’s Demand in violation of Plaintiff’s right to immediate
and exclusive possession of the manufactured home.
11. The manufactured home is located at: 16820 Avenida
Descanso, Desert Hot Springs, CA 92240, a piece of real property
owned by Defendant. The manufactured home is titled in the name of
MALAN, LLC. Defendant has failed and refused to allow Plaintiff
onto his real property to retrieve the manufactured home.
12 Despite Plaintiff's efforts to resolve the dispute
herein, Defendant continues to unlawfully possess the manufactured
10 home in breach of the Agreement.
11 13 As of April 1, 2023, Defendant owes Plaintiff the sum of
12 $65,336 68, plus interest and costs incurred. A true and correct
13 copy of the payment ledger for the manufactured home is attached
14 hereto as Exhibit 3 and incorporated herein by reference.
15 14. In wrongfully possessing and detaining the manufactured
16 home, Defendant’s conduce was willful and intended to cause injury
17 to Plaintiff.
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SECOND CAUSE OF ACTION
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(Breach of Contract)
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15. Plaintiff re-alleges and incorporates herein by reference
21 paragraphs 1-14 of the Complaint as though fully set forth.
22 16. On April 2, 2018, Plaintiff and Defendant entered into a
23 written Agreement to Sell Manufactured Home (“Agreement”) for the
24 sum of $65,000. A true and correct copy of this Agreement is
25 attached hereto as Exhibit 1 and incorporated herein by reference.
26 17. The purchase price of $65,000 was to be paid over 240
27
ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET Page 4 of 6 [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
months at 11% simple interest, with payments of $671 per month,
with insurance for a total of $771 per month beginning with the
first payment on May 1, 2018. The Agreement further stated that
Defendant would maintain fire and liability insurance on the home
and is responsible for his pro rata share of all property taxes
due.
18. Plaintiff has demanded payment in the amount due but
Defendant has not complied.
19. Plaintiff has performed all conditions, duties, and
10 obligations which it is required to perform pursuant to the
11 Agreement. Defendant, for his part has breached the Agreement by
failing to pay any amounts owed from June 1, 2022 to date and
12
failing and refusing to return the manufactured home to Plaintiff.
13
20. As a proximate result of Defendant’s breach of the
14
Agreement, Plaintiff has sustained damages in the sum of
15
$65,336.68, plus interest and costs incurred herein. As a further
16
proximate result of Defendant's breach of the aforementioned
17
Agreement, Plaintiff has been required to commence this action and
18
do other things necessary and: appropriate to protect Plaintiff' s
19
interests. As a result, Plaintiff has incurred and will incur costs
20
in an amount according to proof.
21 THIRD CAUSE OF ACTION
22 (Common Count - Money Lent)
23 21. Plaintiff re-alleges and incorporates herein by reference
24 paragraphs 1-20 of the Complaint as though fully set forth.
25 22. Within the last 4 ( four) years, Defendant became indebted to
26 Plaintiff in the sum of $65,336.68 for money lent by Plaintiff to
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET Page 5 of 6 [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
Defendant at his request.
23. Plaintiff has repeatedly demanded payment from Defendant but
Defendant continues to refuse to pay the amount owed. There is now due
and owing the sum of $65,336.68 as of June 1, 2022 plus interest, and
costs, pursuant to the Agreement
WHEREFORE, the Plaintiff prays judgment as follows:
1 For damages in the amount of $65,336.68;
2 For immediate possession of the 2006 Golden West
10 manufactured home with serial numbers: PERO33552CAA and
PERO33552CAB under the terms of the Agreement;
11
For an order allowing the Sheriff to enter upon private
12
property to recover the manufactured home;
13
For an order ordering Defendant JESUS LEON CARRILLO to
14
transfer possession of the property described as 2006
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Golden West manufactured home with serial numbers:
16
PERO33552CAA and PERO33552CAB to Plaintiff.
17
For interest at the Contract rate of 11% per annum, from
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June 1, 2022 to date;
19
For costs of suit herein incurred;
20
For such other and further relief as the Court deems just
21 and proper.
22 LAW OFFICES OF ALEC HARSHEY
23
24
DATED: April 1, 2023 By:
April E. Roberts,
Attorney for Plaintiff,
26 MALAN, LLC
27
ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET Page 6 of 6 [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
VERIFICATION
1, Carrie Maiara, an employee and agent of Plaintiff, MALAN, LLC and am authorized to
make this verification on its behalf. I have read the foregoing COMPLAINT FOR: 1) CLAIM
& DELIVERY; 2) BREACH OF CONTRACT; AND 3) COMMON COUNT- MONEY
LENT and know its contents; and I certify that the matters stated in the foregoing document are true
of my own knowledge except as to those matters which are stated on information and belief, and as
to those matters I believe them to be true.
Executed on April 1, 2023 , at Palm Desert, California. I declare under the penalty of perjury
10
under the laws of the State of California that the foregoing is true and correct.
Ii
12
Carrie Maira
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T.AW OFFICES OF
28
AEC HARSHEY [COMPLAINT]
901 8. STATE STREET
S 17E 400
T-MET, CA 92543
(051) 658-2168
EXHIBIT 1
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
Agreement to Sell Manufactured Home
Date: 4 /2/ 18
The Agreement: Seller, Va la ph ke agrees to sell to the
Buyer, Jésus heon CA RCT lo A_ROOL Galdey lest
manufactured home, (the Unit) with serial numbers Pee o 2255 CAA LB located
at_ [6220 Aye wicla es CANSO, Deseot st Speings
CX.
The purchase price of Behe Live thew Spr 265, 600 is to be paid as follows:
— O-
down with the signing of this mutual agreement, with an additional
—- oO
to be paid within days for a total down payment
of NA
The balance of the purchase price, # 65, coo is to be a Promissory Note from
the Buyer in favor of the Seller. The Promissory Note is a provision and condition of this Agreement. The
Promissory Note is to be amortized over_24O months at__/1 percent simple interest, with monthly
payments of _G 7/ (Monthly Payment). The Promissory Note is for a Five (5) year period (the
Term) with the balance due in total at the end of the Term. The Buyer does have the right to pay any or all of
the balance on the Promissory Note at anytime without prepayment penalty.
The Buyer will maintain fire and liability insurance on the Unit, in an amount acceptable to the Seller, with the
Seller being named on the insurance policy as co-insured. The Seller will insure the Unit on behalf of the
Buyer, with monthly insurance premium to be 50 , the Additional Monthly Insurance Payment.
The Additional Monthly Insurance Payment will be adjusted annually with notice on or about the anniversary
date of this Agreement.
The Buyer is responsible for their pro rata share of all property taxes due and payable as assessed on the
Unit. The Seller will pay all property taxes when due from proceeds collected monthly as Additional Monthly
Property Tax Payments. The Additional Monthly Property Tax Payment is the estimated annual property tax
due divided by 12 months, 50, . The Additional Monthly Property Tax Payment will be
adjusted annually with notice on or about October 1°.
The Additional Monthly Insurance Payment and Additional Monthly Property Tax Payment are to be added to
the Monthly Payment for a Total Monthly Payment of __7 7 / . The Total Monthly Payment is due on
Page 1 of 2
the _| St (the Due Date) of each month, beginning on “a & [, dorg . Alate fee of
Tan ($_lo ) per day will be assessed on any payment made more than Five (5)
calendar days after the mutually agreed on Due Date. Late fees are due and payable in full when assessed.
The Buyer also agrees to pay the Space Rent to_V/ LA , (the Park) when due, as it
may be adjusted from time to time. Space Rent is due and payable as required in the Rules and Regulations
of the Park as provided to the Buyer by the Seller on this date.
The Buyer agrees to maintain the Unit consistent with the requirements outlined in the Park’s Rules and
Regulations and in reasonably good condition at all times. Reasonably good condition is defined as clean,
safe from all hazards consistent with the municipal life and health safety codes where the Unit is located, and
in the same physical condition as when the Unit is sold excepting responsible wear.
The Title to the Unit will be held by the Seller or its assigns until the Promissory Note is paid in full, and proof
of satisfactory payment in full for all encumbrances on the Unit such as property taxes, Space Rent, Utilities
and any special assessment or liens due by the Buyer. There 7 dl be w le ip
Agni the property until sold.
The Unit is sold and accepted by the Buyer in “as is” condition; and the Seller makes or offers no other
representations or warranties.
If any provision or conditions of this Agreement to Sell Manufactured Home are not satisfied or upheld, it
causes this Agreement to be in default and the Promissory Note would become due and
immediately.
Date: Y-2- 2° 1. Date: 2 (1¢
Buyer: ‘thee aah Carcillo Seller: Waites LLC
Buyer: 7S gente —
By its Manager
Page 2 of 2
EXHIBIT 2
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
Malan LLC
P.O. Box 3309
Palm Desert, CA. 92261
NOTICE OF DEFAULT
August 8, 2022
BORROWER NAME & ADDRESS
Jesus Leon Carrillo
16820 Avenida Descanso
Desert Hot Springs, CA 92240
Reference: Malan LLC Note DEFAULT
Loan Number: 4.2.2018
We have received notification from our payment processor that payment was not received
for the following months:
June $755
July $755
August $755
Malan LLC holds title to the unit at 16820 Avenida Descanco and your note is in default.
Please make a payment as soon as possible to avoid repossession of the secured property.
Jim Waterman
Owner/Partner: Malan, LLC
Email: askmalan@gmail.com
Tel: 760.902.8614
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11 EXHIBIT 3
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ALEC HARSHEY 28
ATTORNEY AT LAW
901 S. STATE STREET [COMPLAINT]
SUITE 400
HEMET, CA 92543
(951) 658-2168
Avenida Descanso Updated #622atsAhenigha A0@2canso 3/7/2023 8:25 AM
A B Cc D E FE
Date of Sale Sales price Down Payment Original Loan Payment Amt # of Months
4/2/2018 $65,000.00 $0.00 $65,000.00 $671.00 240
Interest Rate
11.00%
10.00% from 1/1/22
Remaining Remaining
Payment Date) Payment Amt Interest Amt Principal Amt Balance Due Months
10 5/1/2018 $617.00 $595.83 $21.17 $64,978.83 239
11 6/1/2018 $567.00 $595.64 -$28.64 $65,007.47 238
12 7/1/2018 $567.00 $595.90 -$28.90 $65,036.37 237
13 8/1/2018 $567.00 $596.17 -$29.17 $65,065.54 236
14 9/1/2018 $917.00 $596.43 $320.57 $64,744.98 235
15 10/1/2018 $667.00 $593.50 $73.50 $64,671.47 234
16 11/1/2018 $667.00 $592.82 $74.18 $64,597.29 233
17 12/1/2018 $667.00 $592.14 $74.86 $64,522.43 232
18
19
20 2018 totals $5,236.00 $4,758.43 $477.57 $64,522.43 232
21
22 1/1/2019 $667.00 $591.46 $75.54 $64,446.89 231
23 2/1/2019 $667.00 $590.76 $76.24 $64,370.65 230
24 3/1/2019 $647.00 $590.06 $56.94 $64,313.72 229
25 4/1/2019 $667.00 $589.54 $77.46 $64,236.26 228
26 5/1/2019 $667.00 $588.83 $78.17 $64,158.09 227
27 6/1/2019 $667.00 $588.12 $78.88 $64,079.21 226
28 7/1/2019 $667.00 $587.39 $79.61 $63,999.60 225
29 8/1/2019 $667.00 $586.66 $80.34 $63,919.26 224
30 9/1/2019 $667.00 $585.93 $81.07 $63,838.19 223
31 10/1/2019 $667.00 $585.18 $81.82 $63,756.37 222
32 11/1/2019 $667.00 $584.43 $82.57 $63,673.81 221
33 12/1/2019 $667.00 $583.68 $83.32 $63,590.48 220
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35 2019 totals $7,984.00 $7,052.05 $931.95 $63,590.48 220
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37 1/1/2020 $671.00 $582.91 $88.09 $63,502.40 219
38 2/1/2020 $671.00 $582.11 $88.89 $63,413.50 218
39 3/1/2020 $671.00 $581.29 $89.71 $63,323.79 217
40 4/1/2020 $671.00 $580.47 $90.53 $63,233.26 216
41 5/1/2020 $671.00 $579.64 $91.36 $63,141.90 215
42 6/1/2020 $671.00 $578.80 $92.20 $63,049.70 214
43 7/1/2020 $671.00 $577.96 $93.04 $62,956.66 213
44 8/1/2020 $671.00 $577.10 $93.90 $62,862.76 212
45 9/1/2020 $671.00 $576.24 $94.76 $62,768.00 211
46 10/1/2020 $671.00 $575.37 $95.63 $62,672.37 210
47 11/1/2020 $671.00 $574.50 $96.50 $62,575.87 209
48 12/1/2020 $671.00 $573.61 $97.39 $62,478.48 208
Avenida Descanso Updated #622atsAhenigha A0@2canso 3/7/2023 8:25 AM
A
49
50 2020 totals $8,052.00 $6,940.00 $1,112.00 $62,478.48 208
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52 1/1/2021 $714.00 $572.72 $141.28 $62,337.20 207
53 2/1/2021 $714.00 $571.42 $142.58 $62,194.63 206
54 3/1/2021 $714.00 $570.12 $143.88 $62,050.74 205
5S 4/1/2021 $714.00 $568.80 $145.20 $61,905.54 204
56 5/1/2021 $714.00 $567.47 $146.53 $61,759.01 203
57 6/1/2021 $714.00 $566.12 $147.88 $61,611.13 202
58 7/1/2021 $714.00 $564.77 $149.23 $61,461.90 201
59 8/1/2021 $714.00 $563.40 $150.60 $61,311.30 200
60 9/1/2021 $714.00 $562.02 $151.98 $61,159.32 199
61 10/1/2021 $714.00 $560.63 $153.37 $61,005.95 198
62 11/1/2021 $714.00 $559.22 $154.78 $60,851.17 197
63 12/1/2021 $714.00 $557.80 $156.20 $60,694.97 196
64
65 2021 totals $8,568.00 $6,784.49 $1,783.51 $60,694.97 196
66
67 1/1/2022 $714.00 $505.79 $208.21 $60,486.77 195
68 2/1/2022 $714.00 $504.06 $209.94 $60,276.82 194
69 3/1/2022 $714.00 $502.31 $211.69 $60,065.13 193
70 4/1/2022 $714.00 $500.54 $213.46 $59,851.67 192
71 5/1/2022 $714.00 $498.76 $215.24 $59,636.44 191
72 6/1/2022 $496.97 -$496.97 $60,133.41 190
73 7/1/2022 $501.11 -§501.11 $60,634.52 189
74 8/1/2022 $505.29 -§505.29 $61,139.81 188
75 9/1/2022 $509.50 -§509.50 $61,649.30 187
76 10/1/2022 $513.74 -$513.74 $62,163.05 186
77 11/1/2022 $518.03 -§518.03 $62,681.07 185
78 12/1/2022 $522.34 -$522.34 $63,203.42 184
79
80 2022 totals $3,570.00 $6,078.44 -$2,508.44 $63,203.42 184
81
82 1/1/2023 $526.70 -$526.70 $63,730.11 183
83 2/1/2023 $531.08 -$531.08 $64,261.19 182
84 3/1/2023 $535.51 -§535.51 $64,796.70 181
85 4/1/2023 $539.97 -$539.97 $65,336.68 180
86 5/1/2023 $544.47 -§544.47 $65,881.15 179
87 6/1/2023 $549.01 -§549.01 $66,430.16 178
88 7/1/2023 $553.58 -$553.58 $66,983.74 177
89 8/1/2023 $558.20 -§558.20 $67,541.94 176
90 9/1/2023 $562.85 -$562.85 $68,104.79 175
91 10/1/2023 $567.54 -$567.54 $68,672.33 174
92 11/1/2023 $572.27 -$572.27 $69,244.60 173
93 12/1/2023 $577.04 -$577.04 $69,821.64 172
94
95 2023 totals $0.00 $6,618.22 -$6,618.22 $69,821.64 172
Preview
Electronically FILED by Superior Court of California, County of Riverside on 08/04/2023 11:28 AM Case Number CVPS2303772 0000066110239 - Jason B. Galkin, Executive Officer/Clerk of the Court By Jacqueline Reyes, Clerk April E. Roberts, Esq. - Bar No. 254020 LAW OFFICES OF ALEC HARSHEY 901 South State Street, Suite 400 Hemet, California 92543 Telephone: (951) 658-2168 a.e.roberts@verizon.net Attorneys for Plaintiff: MALAN, LLC THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE 10 PALM SPRINGS COURTHOUSE - UNLIMITED CIVIL (Over $25,000.00) 11 MALAN, LLC, ) Case No: 12 a California Limited Liability ) Company, 13 COMPLAINT FOR: 1) CLAIM & DELIVERY; 14 Plaintiff, 2) BREACH OF CONTRACT; AND 3) COMMON COUNT- MONEY 15 vs. LENT 16 JESUS LEON CARRILLO, an individual, and DOES 1-10, [Over $25,000] 17 inclusive, 18 Defendants. 19 20 Plaintiff, MALAN LLC, alleges as follows: 21 GENERAL ALLEGATIONS 22 ALL DEFENDANTS 23 1 Plaintiff, MALAN, LLC, is a California Limited Liability 24 Company in good standing with the State of California conducting 25 its principal place of business at49305 Hwy 74 Space 174, Palm 26 Desert, CA 92260. 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET Page | of 6 [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 2 Defendant, JESUS LEON CARRILLO, is an individual residing in Riverside County, CA at 16820 Avenida Descanso, Desert Hot Springs, CA 92240. 3 The true names or capacities, whether individual, corporate, associate or otherwise, of Defendants, DOES ONE through TEN, Inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff will amend this Complaint to show their true names and capacities when the same have been ascertained. Plaintiff is informed and believes, and on 10 such information and belief alleges, that each of the Defendants 11 designated herein as a DOE is responsible in some manner for the 12 events and happenings herein referred to, and thereby proximately 13 caused injury and damages to the Plaintiff as herein alleged. 14 4 At all times herein mentioned, each of the Defendants was 15 the agent, servant and employee of each of the remaining Defendants 16 and was at all times acting within the purpose and scope of said 17 agency and employment and with the permission and consent of his 18 or her Co-Defendant. 19 5 Jurisdiction and venue are proper in this Court because 20 this is the County and judicial district in which the subject 21 manufactured home is situated and where Defendant currently 22 resides. 23 FIRST CAUSE OF ACTION 24 (Claim and Delivery) 25 6 Plaintiff re-alleges and incorporates herein by reference 26 paragraphs 1-5 of the General Allegations as though fully set 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET Page 2 of 6 [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 forth. 7 On April 2, 2018, Plaintiff and Defendant entered into a written Agreement to Sell Manufactured Home (“Agreement”) for the sum of $65,000. A true and correct copy of this Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. 8 The Agreement was that Defendant was to purchase from Plaintiff a 2006 Golden West manufactured home with serial numbers: PERO33552CAA and PERO33552CAB (the “Home”) . The balance of the purchase price of $65,000 was to be paid over 240 months at 11% 10 simple interest, with payments of $671 per month, with insurance 11 for a total of $771 per month beginning with the first payment on 12 May 1, 2018. The Agreement further stated that Defendant would 13 maintain fire and liability insurance on the home and is 14 responsible for his pro rata share of all property taxes due. The 15 manufactured home was and is located at:16820 Avenida Descanso, 16 Desert Hot Springs, CA 92240. 17 9 In April, 2018, Defendant obtained possession of the 18 manufactured home pursuant to the Agreement. After obtaining 19 possession of the Home, Defendant failed to make the June 1, 2022 20 payment and all other subsequent payments. 21 10. Plaintiff has demanded Defendant make all delinquent 22 payments due, but Defendant has failed and refused. A true and 23 correct copy of Notice of Default sent to Defendant dated August 8, 24 2022 is attached hereto as Exhibit 2, and incorporated herein by 25 reference. Plaintiff then demanded that Defendant return the 26 manufactured home but Defendant has failed to return the Home after 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET Page 3 of 6 [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 Plaintiff’s Demand in violation of Plaintiff’s right to immediate and exclusive possession of the manufactured home. 11. The manufactured home is located at: 16820 Avenida Descanso, Desert Hot Springs, CA 92240, a piece of real property owned by Defendant. The manufactured home is titled in the name of MALAN, LLC. Defendant has failed and refused to allow Plaintiff onto his real property to retrieve the manufactured home. 12 Despite Plaintiff's efforts to resolve the dispute herein, Defendant continues to unlawfully possess the manufactured 10 home in breach of the Agreement. 11 13 As of April 1, 2023, Defendant owes Plaintiff the sum of 12 $65,336 68, plus interest and costs incurred. A true and correct 13 copy of the payment ledger for the manufactured home is attached 14 hereto as Exhibit 3 and incorporated herein by reference. 15 14. In wrongfully possessing and detaining the manufactured 16 home, Defendant’s conduce was willful and intended to cause injury 17 to Plaintiff. 18 SECOND CAUSE OF ACTION 19 (Breach of Contract) 20 15. Plaintiff re-alleges and incorporates herein by reference 21 paragraphs 1-14 of the Complaint as though fully set forth. 22 16. On April 2, 2018, Plaintiff and Defendant entered into a 23 written Agreement to Sell Manufactured Home (“Agreement”) for the 24 sum of $65,000. A true and correct copy of this Agreement is 25 attached hereto as Exhibit 1 and incorporated herein by reference. 26 17. The purchase price of $65,000 was to be paid over 240 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET Page 4 of 6 [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 months at 11% simple interest, with payments of $671 per month, with insurance for a total of $771 per month beginning with the first payment on May 1, 2018. The Agreement further stated that Defendant would maintain fire and liability insurance on the home and is responsible for his pro rata share of all property taxes due. 18. Plaintiff has demanded payment in the amount due but Defendant has not complied. 19. Plaintiff has performed all conditions, duties, and 10 obligations which it is required to perform pursuant to the 11 Agreement. Defendant, for his part has breached the Agreement by failing to pay any amounts owed from June 1, 2022 to date and 12 failing and refusing to return the manufactured home to Plaintiff. 13 20. As a proximate result of Defendant’s breach of the 14 Agreement, Plaintiff has sustained damages in the sum of 15 $65,336.68, plus interest and costs incurred herein. As a further 16 proximate result of Defendant's breach of the aforementioned 17 Agreement, Plaintiff has been required to commence this action and 18 do other things necessary and: appropriate to protect Plaintiff' s 19 interests. As a result, Plaintiff has incurred and will incur costs 20 in an amount according to proof. 21 THIRD CAUSE OF ACTION 22 (Common Count - Money Lent) 23 21. Plaintiff re-alleges and incorporates herein by reference 24 paragraphs 1-20 of the Complaint as though fully set forth. 25 22. Within the last 4 ( four) years, Defendant became indebted to 26 Plaintiff in the sum of $65,336.68 for money lent by Plaintiff to 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET Page 5 of 6 [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 Defendant at his request. 23. Plaintiff has repeatedly demanded payment from Defendant but Defendant continues to refuse to pay the amount owed. There is now due and owing the sum of $65,336.68 as of June 1, 2022 plus interest, and costs, pursuant to the Agreement WHEREFORE, the Plaintiff prays judgment as follows: 1 For damages in the amount of $65,336.68; 2 For immediate possession of the 2006 Golden West 10 manufactured home with serial numbers: PERO33552CAA and PERO33552CAB under the terms of the Agreement; 11 For an order allowing the Sheriff to enter upon private 12 property to recover the manufactured home; 13 For an order ordering Defendant JESUS LEON CARRILLO to 14 transfer possession of the property described as 2006 15 Golden West manufactured home with serial numbers: 16 PERO33552CAA and PERO33552CAB to Plaintiff. 17 For interest at the Contract rate of 11% per annum, from 18 June 1, 2022 to date; 19 For costs of suit herein incurred; 20 For such other and further relief as the Court deems just 21 and proper. 22 LAW OFFICES OF ALEC HARSHEY 23 24 DATED: April 1, 2023 By: April E. Roberts, Attorney for Plaintiff, 26 MALAN, LLC 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET Page 6 of 6 [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 VERIFICATION 1, Carrie Maiara, an employee and agent of Plaintiff, MALAN, LLC and am authorized to make this verification on its behalf. I have read the foregoing COMPLAINT FOR: 1) CLAIM & DELIVERY; 2) BREACH OF CONTRACT; AND 3) COMMON COUNT- MONEY LENT and know its contents; and I certify that the matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. Executed on April 1, 2023 , at Palm Desert, California. I declare under the penalty of perjury 10 under the laws of the State of California that the foregoing is true and correct. Ii 12 Carrie Maira 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 T.AW OFFICES OF 28 AEC HARSHEY [COMPLAINT] 901 8. STATE STREET S 17E 400 T-MET, CA 92543 (051) 658-2168 EXHIBIT 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 Agreement to Sell Manufactured Home Date: 4 /2/ 18 The Agreement: Seller, Va la ph ke agrees to sell to the Buyer, Jésus heon CA RCT lo A_ROOL Galdey lest manufactured home, (the Unit) with serial numbers Pee o 2255 CAA LB located at_ [6220 Aye wicla es CANSO, Deseot st Speings CX. The purchase price of Behe Live thew Spr 265, 600 is to be paid as follows: — O- down with the signing of this mutual agreement, with an additional —- oO to be paid within days for a total down payment of NA The balance of the purchase price, # 65, coo is to be a Promissory Note from the Buyer in favor of the Seller. The Promissory Note is a provision and condition of this Agreement. The Promissory Note is to be amortized over_24O months at__/1 percent simple interest, with monthly payments of _G 7/ (Monthly Payment). The Promissory Note is for a Five (5) year period (the Term) with the balance due in total at the end of the Term. The Buyer does have the right to pay any or all of the balance on the Promissory Note at anytime without prepayment penalty. The Buyer will maintain fire and liability insurance on the Unit, in an amount acceptable to the Seller, with the Seller being named on the insurance policy as co-insured. The Seller will insure the Unit on behalf of the Buyer, with monthly insurance premium to be 50 , the Additional Monthly Insurance Payment. The Additional Monthly Insurance Payment will be adjusted annually with notice on or about the anniversary date of this Agreement. The Buyer is responsible for their pro rata share of all property taxes due and payable as assessed on the Unit. The Seller will pay all property taxes when due from proceeds collected monthly as Additional Monthly Property Tax Payments. The Additional Monthly Property Tax Payment is the estimated annual property tax due divided by 12 months, 50, . The Additional Monthly Property Tax Payment will be adjusted annually with notice on or about October 1°. The Additional Monthly Insurance Payment and Additional Monthly Property Tax Payment are to be added to the Monthly Payment for a Total Monthly Payment of __7 7 / . The Total Monthly Payment is due on Page 1 of 2 the _| St (the Due Date) of each month, beginning on “a & [, dorg . Alate fee of Tan ($_lo ) per day will be assessed on any payment made more than Five (5) calendar days after the mutually agreed on Due Date. Late fees are due and payable in full when assessed. The Buyer also agrees to pay the Space Rent to_V/ LA , (the Park) when due, as it may be adjusted from time to time. Space Rent is due and payable as required in the Rules and Regulations of the Park as provided to the Buyer by the Seller on this date. The Buyer agrees to maintain the Unit consistent with the requirements outlined in the Park’s Rules and Regulations and in reasonably good condition at all times. Reasonably good condition is defined as clean, safe from all hazards consistent with the municipal life and health safety codes where the Unit is located, and in the same physical condition as when the Unit is sold excepting responsible wear. The Title to the Unit will be held by the Seller or its assigns until the Promissory Note is paid in full, and proof of satisfactory payment in full for all encumbrances on the Unit such as property taxes, Space Rent, Utilities and any special assessment or liens due by the Buyer. There 7 dl be w le ip Agni the property until sold. The Unit is sold and accepted by the Buyer in “as is” condition; and the Seller makes or offers no other representations or warranties. If any provision or conditions of this Agreement to Sell Manufactured Home are not satisfied or upheld, it causes this Agreement to be in default and the Promissory Note would become due and immediately. Date: Y-2- 2° 1. Date: 2 (1¢ Buyer: ‘thee aah Carcillo Seller: Waites LLC Buyer: 7S gente — By its Manager Page 2 of 2 EXHIBIT 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 Malan LLC P.O. Box 3309 Palm Desert, CA. 92261 NOTICE OF DEFAULT August 8, 2022 BORROWER NAME & ADDRESS Jesus Leon Carrillo 16820 Avenida Descanso Desert Hot Springs, CA 92240 Reference: Malan LLC Note DEFAULT Loan Number: 4.2.2018 We have received notification from our payment processor that payment was not received for the following months: June $755 July $755 August $755 Malan LLC holds title to the unit at 16820 Avenida Descanco and your note is in default. Please make a payment as soon as possible to avoid repossession of the secured property. Jim Waterman Owner/Partner: Malan, LLC Email: askmalan@gmail.com Tel: 760.902.8614 10 11 EXHIBIT 3 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ALEC HARSHEY 28 ATTORNEY AT LAW 901 S. STATE STREET [COMPLAINT] SUITE 400 HEMET, CA 92543 (951) 658-2168 Avenida Descanso Updated #622atsAhenigha A0@2canso 3/7/2023 8:25 AM A B Cc D E FE Date of Sale Sales price Down Payment Original Loan Payment Amt # of Months 4/2/2018 $65,000.00 $0.00 $65,000.00 $671.00 240 Interest Rate 11.00% 10.00% from 1/1/22 Remaining Remaining Payment Date) Payment Amt Interest Amt Principal Amt Balance Due Months 10 5/1/2018 $617.00 $595.83 $21.17 $64,978.83 239 11 6/1/2018 $567.00 $595.64 -$28.64 $65,007.47 238 12 7/1/2018 $567.00 $595.90 -$28.90 $65,036.37 237 13 8/1/2018 $567.00 $596.17 -$29.17 $65,065.54 236 14 9/1/2018 $917.00 $596.43 $320.57 $64,744.98 235 15 10/1/2018 $667.00 $593.50 $73.50 $64,671.47 234 16 11/1/2018 $667.00 $592.82 $74.18 $64,597.29 233 17 12/1/2018 $667.00 $592.14 $74.86 $64,522.43 232 18 19 20 2018 totals $5,236.00 $4,758.43 $477.57 $64,522.43 232 21 22 1/1/2019 $667.00 $591.46 $75.54 $64,446.89 231 23 2/1/2019 $667.00 $590.76 $76.24 $64,370.65 230 24 3/1/2019 $647.00 $590.06 $56.94 $64,313.72 229 25 4/1/2019 $667.00 $589.54 $77.46 $64,236.26 228 26 5/1/2019 $667.00 $588.83 $78.17 $64,158.09 227 27 6/1/2019 $667.00 $588.12 $78.88 $64,079.21 226 28 7/1/2019 $667.00 $587.39 $79.61 $63,999.60 225 29 8/1/2019 $667.00 $586.66 $80.34 $63,919.26 224 30 9/1/2019 $667.00 $585.93 $81.07 $63,838.19 223 31 10/1/2019 $667.00 $585.18 $81.82 $63,756.37 222 32 11/1/2019 $667.00 $584.43 $82.57 $63,673.81 221 33 12/1/2019 $667.00 $583.68 $83.32 $63,590.48 220 34 35 2019 totals $7,984.00 $7,052.05 $931.95 $63,590.48 220 36 37 1/1/2020 $671.00 $582.91 $88.09 $63,502.40 219 38 2/1/2020 $671.00 $582.11 $88.89 $63,413.50 218 39 3/1/2020 $671.00 $581.29 $89.71 $63,323.79 217 40 4/1/2020 $671.00 $580.47 $90.53 $63,233.26 216 41 5/1/2020 $671.00 $579.64 $91.36 $63,141.90 215 42 6/1/2020 $671.00 $578.80 $92.20 $63,049.70 214 43 7/1/2020 $671.00 $577.96 $93.04 $62,956.66 213 44 8/1/2020 $671.00 $577.10 $93.90 $62,862.76 212 45 9/1/2020 $671.00 $576.24 $94.76 $62,768.00 211 46 10/1/2020 $671.00 $575.37 $95.63 $62,672.37 210 47 11/1/2020 $671.00 $574.50 $96.50 $62,575.87 209 48 12/1/2020 $671.00 $573.61 $97.39 $62,478.48 208 Avenida Descanso Updated #622atsAhenigha A0@2canso 3/7/2023 8:25 AM A 49 50 2020 totals $8,052.00 $6,940.00 $1,112.00 $62,478.48 208 51 52 1/1/2021 $714.00 $572.72 $141.28 $62,337.20 207 53 2/1/2021 $714.00 $571.42 $142.58 $62,194.63 206 54 3/1/2021 $714.00 $570.12 $143.88 $62,050.74 205 5S 4/1/2021 $714.00 $568.80 $145.20 $61,905.54 204 56 5/1/2021 $714.00 $567.47 $146.53 $61,759.01 203 57 6/1/2021 $714.00 $566.12 $147.88 $61,611.13 202 58 7/1/2021 $714.00 $564.77 $149.23 $61,461.90 201 59 8/1/2021 $714.00 $563.40 $150.60 $61,311.30 200 60 9/1/2021 $714.00 $562.02 $151.98 $61,159.32 199 61 10/1/2021 $714.00 $560.63 $153.37 $61,005.95 198 62 11/1/2021 $714.00 $559.22 $154.78 $60,851.17 197 63 12/1/2021 $714.00 $557.80 $156.20 $60,694.97 196 64 65 2021 totals $8,568.00 $6,784.49 $1,783.51 $60,694.97 196 66 67 1/1/2022 $714.00 $505.79 $208.21 $60,486.77 195 68 2/1/2022 $714.00 $504.06 $209.94 $60,276.82 194 69 3/1/2022 $714.00 $502.31 $211.69 $60,065.13 193 70 4/1/2022 $714.00 $500.54 $213.46 $59,851.67 192 71 5/1/2022 $714.00 $498.76 $215.24 $59,636.44 191 72 6/1/2022 $496.97 -$496.97 $60,133.41 190 73 7/1/2022 $501.11 -§501.11 $60,634.52 189 74 8/1/2022 $505.29 -§505.29 $61,139.81 188 75 9/1/2022 $509.50 -§509.50 $61,649.30 187 76 10/1/2022 $513.74 -$513.74 $62,163.05 186 77 11/1/2022 $518.03 -§518.03 $62,681.07 185 78 12/1/2022 $522.34 -$522.34 $63,203.42 184 79 80 2022 totals $3,570.00 $6,078.44 -$2,508.44 $63,203.42 184 81 82 1/1/2023 $526.70 -$526.70 $63,730.11 183 83 2/1/2023 $531.08 -$531.08 $64,261.19 182 84 3/1/2023 $535.51 -§535.51 $64,796.70 181 85 4/1/2023 $539.97 -$539.97 $65,336.68 180 86 5/1/2023 $544.47 -§544.47 $65,881.15 179 87 6/1/2023 $549.01 -§549.01 $66,430.16 178 88 7/1/2023 $553.58 -$553.58 $66,983.74 177 89 8/1/2023 $558.20 -§558.20 $67,541.94 176 90 9/1/2023 $562.85 -$562.85 $68,104.79 175 91 10/1/2023 $567.54 -$567.54 $68,672.33 174 92 11/1/2023 $572.27 -$572.27 $69,244.60 173 93 12/1/2023 $577.04 -$577.04 $69,821.64 172 94 95 2023 totals $0.00 $6,618.22 -$6,618.22 $69,821.64 172