On December 21, 2022 a
Complaint,Petition
was filed
involving a dispute between
Sanchez, Maria,
Sanchez, Roberto,
and
Capital One, National Association,
Doe 1,
Does 2 Through 75, Inclusive,
San Bernardino Motors, Inc.,
Subaru Of San Bernardino,
The Western Surety Company,
for Other Contract Unlimited
in the District Court of San Bernardino County.
Preview
F I LE D
AUTO FRAUD LEGAL CENTER LLP SUPERIOR COURT 0F CALIFORNIA
COUNTY OF SAN BERNARDINO
Christopher P. Barry; SBN 179308
SAN BERNARDINO CIVIL DIVISION
10085 Carroll Canyon Road, Suite 100
San Diego, California 92131 DEC 2 1 2022
Telephone: (858) 348-1005
V'vueg‘d;
Facsimile: (858) 348-1 150 Glued:
hawk@aut0fraud.c0m
Attorneys for Plaintiffs
Mt éflfl
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — JUSTICE CENTER
10 MARIA SANCHEZ, an individual, CaseNo. C‘VSB 2 228 5 2’5
and ROBERTO SANCHEZ, an individual,
11
COMPLAINT
Plaintiffs,
1. Violation of the Consumers Legal
12
V.
Remedies Act, Civil Code § 1750, et seq.;
Violation 0f Civil Code § 1632;
13
SAN BERNARDINO MOTORS, INC., dba Fraud &
Deceit;
Negligent Misrepresentation;
.‘J‘PS’JF"
14 SUBARU OF SAN BERNARDINO;
CAPITAL ONE, NATIONAL ASSOCIATION; Violation 0f the Unfair Competition Law,
15 DOE l; Business &
Professions Code § 17200, et
and DOES 1 through 75, inclusive, seq.; and
6. Violation of Vehicle Code § 1171 1.
16
Defendants.
17
18
19
Defendants on information and belief, fomled after a
20 Plaintiffs allege the following against
21 reasonable inquiry under the circumstances:
22 PARTIES AND VENUE
23 1. Plaintiffs Maria Sanchez and Roberto Sanchez are individuals who resided in the City of
State of California, at the time the vehicle that is the subject of this lawsuit
24 Perris, County of Riverside,
25 was signed.
26 2. Defendant San Bemardino Motors, Inc., dba Subaru of San Bemardino (“Subaru of San
Bernardino”) 0r was a car dealership registered t0 do business in the State of California and doing
27 is
dealer license number 00946.
28 business in the City of San Bernardino, County of San Bemardino, under
l
COMPLAINT
(“Capital One”) is and was, at all material
3. Defendant Capital One, National Association
California, doing business in the County of San Bernardino,
times, conducting business in the State of
State 0f California.
Vehicle Code 11710
4. Defendant Doe 1 issued a bond to Subaru of San Bemardino under §
in effect at the time of the events alleged
herein.
that was
do not know the true names and capacities, whether corporate, partnership,
5. Plaintiffs
sued herein as Does 2 through 75, inclusive, and thus
associate, individual, 0r otherwise, 0f Defendants
Does 2 through 75, inclusive, are in
names them under the provisions 0f Code of Civil Procedure § 474.
for the acts, occunences, and transactions set forth herein, and are legally liable
some manner responsible
of the Defendants named herein. Plaintiffs will set forth the true
10 to Plaintiffs and/or they are the alter-ego
appropriate charging allegations
11 names and capacities of the fictitiously-named Defendants together with
12 when ascertained.
alleged, were authorized
13 6. A11 acts 0f Subaru of San Bemardino’s employees, as hereinafter
Bemardino.
14 or ratified by the owner 0r managing agents 0f Subaru 0f San
15 7. The purchase contract for the Vehicle includes the following Notice:
16 ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL
CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE
17 SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH
THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL
18 NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
One liable, contractually and under State law, for all claims
19 8. This Notice makes Capital
t0 the purchase/sale of the
20 and defenses Plaintiff has against Subaru of San Bemardino with respect
21 Vehicle. Capital One is, therefore, liable for the acts 0f Subaru 0f San Bemardino as stated herein.
22 SUMMARY OF ALLEGATIONS
23 9. Plaintiff Maria Sanchez is a senior citizen.
24 10. On November 20, 2021 ,
Plaintiffs purchased the Vehicle from Subaru 0f San Bemardino.
25 The Total Sales Price was $63,443.92.
26 11. Plaintiffs negotiated the purchase of the Vehicle in Spanish.
27 12. Subaru 0f San Bemardino failed t0 provide Plaintiffs with copies of the purchase
28 documents in Spanish.
2
COMPLAINT
Preview
F I LE D AUTO FRAUD LEGAL CENTER LLP SUPERIOR COURT 0F CALIFORNIA COUNTY OF SAN BERNARDINO Christopher P. Barry; SBN 179308 SAN BERNARDINO CIVIL DIVISION 10085 Carroll Canyon Road, Suite 100 San Diego, California 92131 DEC 2 1 2022 Telephone: (858) 348-1005 V'vueg‘d; Facsimile: (858) 348-1 150 Glued: hawk@aut0fraud.c0m Attorneys for Plaintiffs Mt éflfl SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — JUSTICE CENTER 10 MARIA SANCHEZ, an individual, CaseNo. C‘VSB 2 228 5 2’5 and ROBERTO SANCHEZ, an individual, 11 COMPLAINT Plaintiffs, 1. Violation of the Consumers Legal 12 V. Remedies Act, Civil Code § 1750, et seq.; Violation 0f Civil Code § 1632; 13 SAN BERNARDINO MOTORS, INC., dba Fraud & Deceit; Negligent Misrepresentation; .‘J‘PS’JF" 14 SUBARU OF SAN BERNARDINO; CAPITAL ONE, NATIONAL ASSOCIATION; Violation 0f the Unfair Competition Law, 15 DOE l; Business & Professions Code § 17200, et and DOES 1 through 75, inclusive, seq.; and 6. Violation of Vehicle Code § 1171 1. 16 Defendants. 17 18 19 Defendants on information and belief, fomled after a 20 Plaintiffs allege the following against 21 reasonable inquiry under the circumstances: 22 PARTIES AND VENUE 23 1. Plaintiffs Maria Sanchez and Roberto Sanchez are individuals who resided in the City of State of California, at the time the vehicle that is the subject of this lawsuit 24 Perris, County of Riverside, 25 was signed. 26 2. Defendant San Bemardino Motors, Inc., dba Subaru of San Bemardino (“Subaru of San Bernardino”) 0r was a car dealership registered t0 do business in the State of California and doing 27 is dealer license number 00946. 28 business in the City of San Bernardino, County of San Bemardino, under l COMPLAINT (“Capital One”) is and was, at all material 3. Defendant Capital One, National Association California, doing business in the County of San Bernardino, times, conducting business in the State of State 0f California. Vehicle Code 11710 4. Defendant Doe 1 issued a bond to Subaru of San Bemardino under § in effect at the time of the events alleged herein. that was do not know the true names and capacities, whether corporate, partnership, 5. Plaintiffs sued herein as Does 2 through 75, inclusive, and thus associate, individual, 0r otherwise, 0f Defendants Does 2 through 75, inclusive, are in names them under the provisions 0f Code of Civil Procedure § 474. for the acts, occunences, and transactions set forth herein, and are legally liable some manner responsible of the Defendants named herein. Plaintiffs will set forth the true 10 to Plaintiffs and/or they are the alter-ego appropriate charging allegations 11 names and capacities of the fictitiously-named Defendants together with 12 when ascertained. alleged, were authorized 13 6. A11 acts 0f Subaru of San Bemardino’s employees, as hereinafter Bemardino. 14 or ratified by the owner 0r managing agents 0f Subaru 0f San 15 7. The purchase contract for the Vehicle includes the following Notice: 16 ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE 17 SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL 18 NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. One liable, contractually and under State law, for all claims 19 8. This Notice makes Capital t0 the purchase/sale of the 20 and defenses Plaintiff has against Subaru of San Bemardino with respect 21 Vehicle. Capital One is, therefore, liable for the acts 0f Subaru 0f San Bemardino as stated herein. 22 SUMMARY OF ALLEGATIONS 23 9. Plaintiff Maria Sanchez is a senior citizen. 24 10. On November 20, 2021 , Plaintiffs purchased the Vehicle from Subaru 0f San Bemardino. 25 The Total Sales Price was $63,443.92. 26 11. Plaintiffs negotiated the purchase of the Vehicle in Spanish. 27 12. Subaru 0f San Bemardino failed t0 provide Plaintiffs with copies of the purchase 28 documents in Spanish. 2 COMPLAINT