On August 23, 2018 a
Motion-Secondary
was filed
involving a dispute between
Henry, Billy C,
Sunrise Ford Inc A California Corporation,
and
Bruncati, Daniel,
Bruncati, James,
Bruncati, Robert,
Does 2 Through 50,
Ford Motor Company,
Ford Motor Credit Company,
Sunrise Ford, Inc.,
for Business Tort
in the District Court of San Bernardino County.
Preview
F I LE D
CALIFORMA
SUPERIOR COURT
gERWDmO
ROBERT w. THOMPSON, Esq. (SEN 10641 1) C&ESEEESAwNo msmm
ANTHONY s. OR'rIz, Esq. (SBN 318474)
CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP JUL 16 202‘.
2601 Main Street, Suite 800
cmwam»ww»¢
Irvine” califomia 926] 4
Tel»
Fax; gig;
-7
ggi-gggé
\
BI (??Mi—
M ”SSA PEREZ DEW”
Email: nhomgson@ctsclaw.com
aortngazctsclaw.com
Attomeys for Defendant,
SUNRISE FORD, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
U)’
SILL
BILLY C. HENRY, Case No.: CEVDS 822222
E
1
law
&CQ\L)I
JUDGE: Hon. Khymbefli S. Apaloo
SHERMAN
Plaintifi, DEPARTMENT: 825
COMPLAINT DATE: August 23, 201 8
vs.
SUNRISE FORD, INC; FORD MOTOR DECLARATION 0F LISA ARANDA IN
“HKJMRN
NHOWOGQO‘XMthNF-“O
{AN
COMPANY; FORD MOTOR CREDIT SUPPORT OF SUNRISE FORD INC.’S
MOTION FOR SUMMARY JUDGMENT
NNNy—wws—AHMWMWH
1A1
COMPANY; and DOES through 50, 1
("AI
inclusive, OR IN THE ALTERNATiVE SUMMARY
ADJUDICATION
Defendants.
I, Lisa Arandav declare as follows:
1. I am the Controiler 0f Sunrise Ford, Inc., a California corporation and the defendant
herein (hereinafter referred to as “Sunrise”). As the controller of Sunrise, I am responsible for
overseeing its entire financial operations and have direct personai knowledge 0f the financial
operations of the deaiership, including the documents and processes involved in the ordinary
business 0f the dealership, the sale of vehicles. I also have personal kncwiedge of Sunrise policies
and procedures with respect to the management of personnel files and Sunrise employee hiring
process from before the time of my hire through the present. I have personal knowledge of the
matters set forth in this declaration, and i could teistify competently to them:
DECLARATION OF LISA ARANDA 1N SUPPORT OF SUNRISE FORD INC.’S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION
2. The facts contained herein are within my own personal knowledge and are based on
records of Sunrise 0f which I am familiar. Said records were prepared, generated, 0r rcccivad by
the personnel of Sunrise in the ordinary course of the business at or near the- time of the act, condition
or event. If calied upon to testify, I could and would competently testify thereto.
3. Piaintifi‘ Billy Henry (“Plaintiff”) entered into a Retail Installment Sale Contract
(“Contract”) for the purchase of a 2017 Ford Explorer, VIN 1FM5K8HTSHT8HGC21924
(“Vehicle”) with Sunrise on April 20, 201 8. Plaintiff purchased the Vehicie from Sunrise for
\GWNC‘
$533922 1 , plus optional products and services: taxes, fees, and an interest rate of 2.9% per annum,
for a iota} sale price of $65,445.84. Attached hereto as Exhibit “A” is a true and correct copy of the
Contract signed by Plaintiff dated April 20, 20} 7.
UJ’
4x In connection with the sale, Plaintiff voluntarily made a down payment of $20,000
SLCAUI'KU.
and transferred the title to his 2003 Ford F350 (“Trade-In Vehicle”) to Sunrise for $6,000 as credit
law
toward the purchase price of the Vehicle.
SHERMAN
5. The Contract shows that Plaintiff agreed t0 $6,000 for his trade-in vehicie. (See
”IHOMPSLN
Exhibit “A”). Additionally, the deal file for the subject transaction shows that Plaintiff signed a
MN
Notice of Transfer and Release of Liabiiity form for the DMV whereby Piaintiff acknowledged that
CALLA!
the selling price of his trade-in vehicle was $6,000. A true and correct copy of the Notice of Transfer
and Release 0f Liability form is attached hereto as Exhibit “B.”
6. On May 2, 2017, Sumise sold Plaintiffs 2003 Ford F350 trade—in vehicle to a third-
party, Arrowhead Auto Group. A true and correct copy of the bill of sale relating t0 the saie of the
trade—in vehicle to Arrowhead Auto Group, as well as the DMV Odometer Disciosure, are attached
hereto as Exhibit “C.” Moreover, after the sale, Sunrise had no legal or contractual obligation 10
unwind the deai.
7. Based on information and belief, Sunrise’s employees did net offer or promise
Plaintiff a manufacturer’s rebate of $7,000 for the Vehicle. (See Exhibit “A.”) Rather, as evidenced
by the Contract, Plaintiff was offered and accepted a $1,000 manufacturer’s rebate in connection
with the sale. However, even if Sunrise’s empioyee mistakenly represented that a $7,000
manufacturer’s rebate was available to Plaintiff for the Vehicle, Sunrise was n01 aware of it and its
DECLARATION OF LISA ARANDA [N SUPPORT OF SUNRISE FORD INC.’S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDiCATION
Preview
F I LE D CALIFORMA SUPERIOR COURT gERWDmO ROBERT w. THOMPSON, Esq. (SEN 10641 1) C&ESEEESAwNo msmm ANTHONY s. OR'rIz, Esq. (SBN 318474) CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP JUL 16 202‘. 2601 Main Street, Suite 800 cmwam»ww»¢ Irvine” califomia 926] 4 Tel» Fax; gig; -7 ggi-gggé \ BI (??Mi— M ”SSA PEREZ DEW” Email: nhomgson@ctsclaw.com aortngazctsclaw.com Attomeys for Defendant, SUNRISE FORD, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO U)’ SILL BILLY C. HENRY, Case No.: CEVDS 822222 E 1 law &CQ\L)I JUDGE: Hon. Khymbefli S. Apaloo SHERMAN Plaintifi, DEPARTMENT: 825 COMPLAINT DATE: August 23, 201 8 vs. SUNRISE FORD, INC; FORD MOTOR DECLARATION 0F LISA ARANDA IN “HKJMRN NHOWOGQO‘XMthNF-“O {AN COMPANY; FORD MOTOR CREDIT SUPPORT OF SUNRISE FORD INC.’S MOTION FOR SUMMARY JUDGMENT NNNy—wws—AHMWMWH 1A1 COMPANY; and DOES through 50, 1 ("AI inclusive, OR IN THE ALTERNATiVE SUMMARY ADJUDICATION Defendants. I, Lisa Arandav declare as follows: 1. I am the Controiler 0f Sunrise Ford, Inc., a California corporation and the defendant herein (hereinafter referred to as “Sunrise”). As the controller of Sunrise, I am responsible for overseeing its entire financial operations and have direct personai knowledge 0f the financial operations of the deaiership, including the documents and processes involved in the ordinary business 0f the dealership, the sale of vehicles. I also have personal kncwiedge of Sunrise policies and procedures with respect to the management of personnel files and Sunrise employee hiring process from before the time of my hire through the present. I have personal knowledge of the matters set forth in this declaration, and i could teistify competently to them: DECLARATION OF LISA ARANDA 1N SUPPORT OF SUNRISE FORD INC.’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION 2. The facts contained herein are within my own personal knowledge and are based on records of Sunrise 0f which I am familiar. Said records were prepared, generated, 0r rcccivad by the personnel of Sunrise in the ordinary course of the business at or near the- time of the act, condition or event. If calied upon to testify, I could and would competently testify thereto. 3. Piaintifi‘ Billy Henry (“Plaintiff”) entered into a Retail Installment Sale Contract (“Contract”) for the purchase of a 2017 Ford Explorer, VIN 1FM5K8HTSHT8HGC21924 (“Vehicle”) with Sunrise on April 20, 201 8. Plaintiff purchased the Vehicie from Sunrise for \GWNC‘ $533922 1 , plus optional products and services: taxes, fees, and an interest rate of 2.9% per annum, for a iota} sale price of $65,445.84. Attached hereto as Exhibit “A” is a true and correct copy of the Contract signed by Plaintiff dated April 20, 20} 7. UJ’ 4x In connection with the sale, Plaintiff voluntarily made a down payment of $20,000 SLCAUI'KU. and transferred the title to his 2003 Ford F350 (“Trade-In Vehicle”) to Sunrise for $6,000 as credit law toward the purchase price of the Vehicle. SHERMAN 5. The Contract shows that Plaintiff agreed t0 $6,000 for his trade-in vehicie. (See ”IHOMPSLN Exhibit “A”). Additionally, the deal file for the subject transaction shows that Plaintiff signed a MN Notice of Transfer and Release of Liabiiity form for the DMV whereby Piaintiff acknowledged that CALLA! the selling price of his trade-in vehicle was $6,000. A true and correct copy of the Notice of Transfer and Release 0f Liability form is attached hereto as Exhibit “B.” 6. On May 2, 2017, Sumise sold Plaintiffs 2003 Ford F350 trade—in vehicle to a third- party, Arrowhead Auto Group. A true and correct copy of the bill of sale relating t0 the saie of the trade—in vehicle to Arrowhead Auto Group, as well as the DMV Odometer Disciosure, are attached hereto as Exhibit “C.” Moreover, after the sale, Sunrise had no legal or contractual obligation 10 unwind the deai. 7. Based on information and belief, Sunrise’s employees did net offer or promise Plaintiff a manufacturer’s rebate of $7,000 for the Vehicle. (See Exhibit “A.”) Rather, as evidenced by the Contract, Plaintiff was offered and accepted a $1,000 manufacturer’s rebate in connection with the sale. However, even if Sunrise’s empioyee mistakenly represented that a $7,000 manufacturer’s rebate was available to Plaintiff for the Vehicle, Sunrise was n01 aware of it and its DECLARATION OF LISA ARANDA [N SUPPORT OF SUNRISE FORD INC.’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDiCATION