Preview
F L E D I
Soheyl Tahsildoost (Bar No. 271294)
THETA LAW FIRM, LLP $33395 83$; gégfikfiflgm
15901 Hawthome Blvd., Suite 270
Lawndale, CA 90260 JUI‘“ J 1 2023
Telephone: (424) 297-3 1 03
Facsimile: (424) 286-2244 P
“A r
'
,
Eservice@thetafim.com BY: ~
Rylee Grant,
I .
Deputy
Attorneys for Defendant Hyunda1 Motor Amerlca
\OOOQONUl-bUJNo—I
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
JASON R. BAIRD and CANDY W. ) Case No.2 CIVSB2208297
BAIRD, )
)
DEFENDANTS’ FIFTH CCP 998 OFFER
Plaintiffs, ) TO COMPROMISE
)
vs. ) Dept: S32
)
Judge: Hon. Wilfred J. Schneider, Jr
HYUNDAI MOTOR AMERICA, a )
California Corporation; RUSNAK )
CORPORATION, a California ) Complaint Filed: April 22, 2022
Corporation, d/b/a HYUNDAI INLAND ) Trial Date: None
EMPIRE; and, DOES 1 through 10, )
inclusive, )
“ 7r
I )r
'3
NNNNNNNNNwt—tt—tr—Au—‘p—Awr—dp—Ar—I
g ,{w
\““‘/ I
"
\ “w zleLf
Defendants. )
)
OOQONMAUJNr—‘OKDWQONU‘I-bWNP-‘O
TO PLAINTIFFS AND PLAINTIFFS’ ATTORNEYS OF RECORD:
Pursuant to Code 0f Civil Procedure Section 998, Defendant Hyundai Motor America
("HMA") hereby offers t0 have judgment entered against it in and in favor of Plaintiff in full and
final disposition as to all causes of action in the above-referenced lawsuit filed relating to
Plaintiffs’ 2016 Hyundai Sonata Hybrid, VIN KMHE24L18GA014465 (hereinafter “Subject
Vehicle”), on the following terms:
OPTION 1: REPURCHASE
1. HMA will pay the total amount of $36,000 (the “Sum”) to Plaintiffs and Plaintiffs’
Vehicle, HMA
lender for the Subject Vehicle, if any (if there is an outstanding loan on the Subject
1
DEFENDANTS’ FIFTH CCP 998 OFFER T0 COMPROMISE
shall pay the lender the amount necéssary f0 pay offthe loan for the Subject Vehicle from the Sum,
and Plaintiffs shall receive the entire remaining amount).
2. It is an express condition of this Offer that, if accepted, HMA will perform its
obligations within 6O days of acceptance on a mutually agreeable date and location, with Plaintiffs
\OOOVQM-bWNr—l
returning the Subject Vehicle to a mutually agreeable authorized Hyundai dealership and on or
before that same date executing all required California Department of Motor Vehicle forms,
including but not limited to, DMV Form 262, necessary to transfer title of the Subject Vehicle to
HMA free and clear of all liens and encumbrances (except for any loan for the purchase or
refinance ofthe Subj ect Vehicle, which will be paid by HMA as stated above), and HMA providing
Plaintiffs and Plaintiffs’ lender, if any, with the check or checks necessary to obtain clear title for
the Subject Vehicle. It is a further express condition of this Offer that, if accepted, Plaintiffs will
promptly provide to HMA current loan payoff information, payment history, a copy of the current
registration of the Subject Vehicle, and a copy 0fthe front and back sides of the Subject Vehicle’s
title (if available).
OPTION 2: PAYMENT WITHOUT SURRENDER
— 2 (Option 1), in lieu
3. As an alternative to the consideration offered in Paragraphs 1
NNNNNNNNNn—r—tr—dv—Au—Amt—tt—Iu—dp—A
0f HMA paying Plaintiffs the above amounts and Plaintiffs surrendering the vehicle per the above
paragraphs, HMA will pay the total amount of $16,000 to Plaintiffs within 60 days of acceptance
of this Offer. Plaintiffs will not be required to surrender the vehicle to HMA under this option.
OOQQU‘IhbJNHooOONONU‘I-bWNP-‘O
OTHER TERMS APPLICABLE TO ALL OPTIONS
4. Defendants will waive their fees, costs, and expenses in this action.
5. HMA will pay Plaintiffs’ attorney’s fees, expenses and costs in the amount of
$10,000.00 in full satisfaction of any attorney’s fees, expenses and costs owed t0 Plaintiffs in this
action. Alternatively, should the $10,000.00 be refused, HMA will allow the Court to determine,
in a noticed motion filed pursuant t0 Civil Code Section 1794(d) and/or by Plaintiffs’ filing of a
memorandum 0f costs, the attorney’s fees, costs, and expenses recoverable under Civil Code
Section 1794(d). There is no admission of liability by this Offer. However, if this Offer is
2
DEFENDANTS’ FIFTH CCP 998 OFFER T0 COMPROMISE
Preview
F L E D I Soheyl Tahsildoost (Bar No. 271294) THETA LAW FIRM, LLP $33395 83$; gégfikfiflgm 15901 Hawthome Blvd., Suite 270 Lawndale, CA 90260 JUI‘“ J 1 2023 Telephone: (424) 297-3 1 03 Facsimile: (424) 286-2244 P “A r ' , Eservice@thetafim.com BY: ~ Rylee Grant, I . Deputy Attorneys for Defendant Hyunda1 Motor Amerlca \OOOQONUl-bUJNo—I SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO JASON R. BAIRD and CANDY W. ) Case No.2 CIVSB2208297 BAIRD, ) ) DEFENDANTS’ FIFTH CCP 998 OFFER Plaintiffs, ) TO COMPROMISE ) vs. ) Dept: S32 ) Judge: Hon. Wilfred J. Schneider, Jr HYUNDAI MOTOR AMERICA, a ) California Corporation; RUSNAK ) CORPORATION, a California ) Complaint Filed: April 22, 2022 Corporation, d/b/a HYUNDAI INLAND ) Trial Date: None EMPIRE; and, DOES 1 through 10, ) inclusive, ) “ 7r I )r '3 NNNNNNNNNwt—tt—tr—Au—‘p—Awr—dp—Ar—I g ,{w \““‘/ I " \ “w zleLf Defendants. ) ) OOQONMAUJNr—‘OKDWQONU‘I-bWNP-‘O TO PLAINTIFFS AND PLAINTIFFS’ ATTORNEYS OF RECORD: Pursuant to Code 0f Civil Procedure Section 998, Defendant Hyundai Motor America ("HMA") hereby offers t0 have judgment entered against it in and in favor of Plaintiff in full and final disposition as to all causes of action in the above-referenced lawsuit filed relating to Plaintiffs’ 2016 Hyundai Sonata Hybrid, VIN KMHE24L18GA014465 (hereinafter “Subject Vehicle”), on the following terms: OPTION 1: REPURCHASE 1. HMA will pay the total amount of $36,000 (the “Sum”) to Plaintiffs and Plaintiffs’ Vehicle, HMA lender for the Subject Vehicle, if any (if there is an outstanding loan on the Subject 1 DEFENDANTS’ FIFTH CCP 998 OFFER T0 COMPROMISE shall pay the lender the amount necéssary f0 pay offthe loan for the Subject Vehicle from the Sum, and Plaintiffs shall receive the entire remaining amount). 2. It is an express condition of this Offer that, if accepted, HMA will perform its obligations within 6O days of acceptance on a mutually agreeable date and location, with Plaintiffs \OOOVQM-bWNr—l returning the Subject Vehicle to a mutually agreeable authorized Hyundai dealership and on or before that same date executing all required California Department of Motor Vehicle forms, including but not limited to, DMV Form 262, necessary to transfer title of the Subject Vehicle to HMA free and clear of all liens and encumbrances (except for any loan for the purchase or refinance ofthe Subj ect Vehicle, which will be paid by HMA as stated above), and HMA providing Plaintiffs and Plaintiffs’ lender, if any, with the check or checks necessary to obtain clear title for the Subject Vehicle. It is a further express condition of this Offer that, if accepted, Plaintiffs will promptly provide to HMA current loan payoff information, payment history, a copy of the current registration of the Subject Vehicle, and a copy 0fthe front and back sides of the Subject Vehicle’s title (if available). OPTION 2: PAYMENT WITHOUT SURRENDER — 2 (Option 1), in lieu 3. As an alternative to the consideration offered in Paragraphs 1 NNNNNNNNNn—r—tr—dv—Au—Amt—tt—Iu—dp—A 0f HMA paying Plaintiffs the above amounts and Plaintiffs surrendering the vehicle per the above paragraphs, HMA will pay the total amount of $16,000 to Plaintiffs within 60 days of acceptance of this Offer. Plaintiffs will not be required to surrender the vehicle to HMA under this option. OOQQU‘IhbJNHooOONONU‘I-bWNP-‘O OTHER TERMS APPLICABLE TO ALL OPTIONS 4. Defendants will waive their fees, costs, and expenses in this action. 5. HMA will pay Plaintiffs’ attorney’s fees, expenses and costs in the amount of $10,000.00 in full satisfaction of any attorney’s fees, expenses and costs owed t0 Plaintiffs in this action. Alternatively, should the $10,000.00 be refused, HMA will allow the Court to determine, in a noticed motion filed pursuant t0 Civil Code Section 1794(d) and/or by Plaintiffs’ filing of a memorandum 0f costs, the attorney’s fees, costs, and expenses recoverable under Civil Code Section 1794(d). There is no admission of liability by this Offer. However, if this Offer is 2 DEFENDANTS’ FIFTH CCP 998 OFFER T0 COMPROMISE