Preview
SPENCER P. HUGRET (SBN 240424)
com
JEANETTE SUAREZ (SBN: 255141)
|SUATEZ(
RESHMA A. BAA] (SBN: 227106)
com
COl ho! com
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 986-5900
Facsimile: (415) 986-8054.
Attomeys for Defendant
AMERICAN HONDA MOTOR CO., INC.
10 SUPERIOR COURT OF CALIFORNIA
11 COUNTY OF SANTA CRUZ
Ex 12
SHANNON CARABEITA AND NATHAN) Case No. 23CV01110
13 ARRISON,
DECLARATION OF RESHMA A.
14 Plaintiffs, BAJAJ INSUPPORT OF DEFENDANT
AMERICAN HONDA MOTOR CO.,
15 VS. INC.’S MOTION TO COMPEL
ARBITRATIONAND STAY ACTION
16 AMERICAN HONDA MOTOR CO., INC.;
and DOES 1 through 10, inclusive, Date: March 1, 2024
17 Tine: 8:30am.
Defendants. Dept: 10
18 Judge: Hon. Timothy Schmal
19
20 Complaint Filed: May 12, 2023
Trial Date: October 24, 2024.
21
22
23 I, Reshma A. Bajaj, declare as follows:
24 1 lam duly licensed to practice
law in the State of Califomia
and a senior counsel
25 at the law firm of Gordon Rees Scully Mansukhani, LLP, counsel for Defendant AMERICAN
26 HONDA MOTOR CO., INC. (“Honda”). The facts contained in this Declaration are of my
27 personal knowledge, other than those based on information and belief, to which I could and
28 would competently testify if called upon to do so.
“1
DECLARATION OF RESHMA A. BAJAJ IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO.
INC.’S MOTION TO COMPEL ARBITRATION AND STAY ACTION
2. Attached hereto as Exhibit 1 is a true and correct
copy of the “Closed-End Motor
Vehicle Lease Agreement, (with Arbitration Provision)” (“Lease Agreement”) executed by
Plaintiffs SHANNON CARABEITA and NATHAN ARRISON (“Plaintiffs”) and Manly
Honda at the time of the lease of a 2020 Honda Pilot, VIN: 5FNY F5H62L.B006797 (the
‘Vehicle”), on June 5, 2020. The arbitration clause in the Sales Contract, signed by Plaintiffs,
is accurately quoted in the moving papers in Honda’s Motion to Compel Arbitration and Stay
Action.
3, Attached hereto as Exhibit 2 is a true and correct copy of Plaintiffs’ Complaint,
filed on May 12, 2023.
4. Honda responded to Plaintiffs’ Complaint on June 13, 2023.
10
5, Honda has not served any written discovery requests in this matter except for one
11
ae 12
set of Request for Production of Documents including five requests for vehicle documents and
to have Plaintiffs confirm they did not opt out of the arbitration provision in the Lease
13
Agreement. Honda has not taken any depositions or inspected the vehicle.
14
6. Honda obtained the Lease Agreement (which contains the arbitration provision)
15
from leasing dealer Manly Honda on November 22, 2023.
16
7, Other than Honda’s motion to compel arbitration, no motion practice
17
depositions, vehicle inspections, or expert discovery have occurred in this case to date.
18
8. On December 1, 2023, Honda formally requested Plaintiffs agree to binding
19
arbitration pursuant to the binding arbitration clause contained in the Lease Agreement.
20
Attached hereto as Exhibit
3 is a true and correct copy of Honda’s December 1, 2023 letter to
21
Plaintiffs. As of the filing of this Motion, Plaintiffs have not responded to this request.
I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is true and correct.
24
Executed on January 8, 2024, in San Francisco, Califomia
25
26 ao
27 Reshma Bajaj
-2
DECLARATION OF RESHMA A. BAJAJ IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO.,
INC.’S MOTION TO COMPEL ARBITRATION AND STAY ACTION
EXHIBIT 1
Honda Leadership Leasing® HONDA.
DEAL 287416 ft
CLOSED-END MOTOR VEHICLE LEASE AGREEMENT - CALIFORNIA IST: 2685:
inancial
Lease Date; 05/26/2020 STOCK 56590
Services
ESO ree MEGuae Ne ev nssoicnnn fexNorarrtn S
Name of Lessee Name of Driver Name of Lessor
NATHAN ANDREW ARRISON MANLY HONDA
Street Address Street Address Street Address
215 WEST AVE
State uy State
2777 CORBY AVE.
Cit State
SANTA CRUZ CA N/A N/A SANTA ROSA cA
Zip int Zip County
95060
Name of Co-
SHANNON MARIE CARABETTA
SANTA CRUZ
Bier Phone Number (A 95407
Dealer Number
By signing this Lease, Lessee and each Co-Lessee (collective 7 my" 'me") individually and together agree to lease the Vehicle, described below, , ecard to he tems onal pages of this Lease and
Lessee and each ‘Lessee are this Lease. | accept delivery of the Vehicle and acknowled @ that itis in good opera
jointlyarnd Serer lane for all obiigations under ‘odometer reading
Cae . "Lessor" refers fo the Lessor
Serves as the administrator of the Lease on
r) named e and Assignee. Assignee is Honda Lease Trust, the ‘i
ynee for ali jonda and Acura leases. he
ierican Honda Finance Corporation
ialf of Honda Lease Trust. American Honda Finance Corporation is doing business as Honda Financial Services ("HI FS* .
LEASE TERM: 36 MONTHS
:
Uses Sceis lie) s
MEW
New/Used
2020
Year
HONDA PILOT.
Make & Model
UV
St le
SFNYFSH62LB006797
Vehicle Identification Number
350
Odometer Reading
Primary Use of Vehicle is Persona Family, or Household purposes unl less the folowing box is checked: [[] Business, Commercial, Agricul itural, or Lessee is an organization soe ently.
plo Wenlous=senieen 3
The following vehicle is being traded-in by the Lessee: Year N/A. Make & Model N/A vin# N/A
Gross Trade-in Allowance Less: Balance Owed “Net Trade-in Allowance
(Gross agreed-upon value of the trade-in) $ N/A on Trade-in NWA (if tess than 0, then enter 0) $ N/A
FOR USE BY LESSOR: This box is for trade-in, turn-in and other individualized agreements.
Lessee agrees that if this lease cannot be assigned by Dealer to a financial institution on terms acceptable to Dealer and Dealer gives
Lessee notice within 10 day: Ss, this lease will be rescinded. Lessee must then return the vehicle to Dealer in the same condition
and Dealer will then return al i consideration paid.
THERE IS NO COOLING OFF PERIOD
California law does not provide fora “cooling off” or other cancellation period for vehicle leases. Therefore, you cannot later cancel this Lease simply because you change your mind,
decided the Vehicle costs too much, or wish you had acquired a different vehicle. You may cancel this Lease only with the agreement of the Lessor or for legal cause, such as fraud.
GAP LIABILITY NOTICE - In the event of theft or damage to the vehicle that results in a total loss, there may be a GAP between the amount due upon early termination and the
proceeds of your insurance settlement and deductible. THIS LEASE PROVIDES THAT YOU MAY BE LIABLE FOR THE GAP AMOUNT.
aad heal aad ctatcd
LA CoA ashe easd La Lats)
1. AMOUNT DUE AT 2. MONTHLY PAYMENTS: 3. OTHER CHARGES: 4, TOTAL OF PAYMENTS:
LEASE SIGNING My first Monthly Paymentof § 466.34 (not part of my Monthly Payment) (The amount | will have paid
OR DELIVERY
(Itemized Below)*
is due on _ 05/26/2020 followed by Turmin Fee (if | do not by the end of the Lease.)
35. payments of § 466.34 due purchase the Vehicle) § 350.00
‘on the: 25th of each month. The total of NA $ N/A
$ 2011.94 ‘my Monthly Payments is § 16788.24 Total$ 350.00 $ 18683.84
oh
Tate
pa aire) Coley el tel)ss Ga= = sien nlecelpanseNyas\s
A. AMOUNT DUE AT LEASE SIGNING OR DELIVERY B. HOW THE AMOUNT DUE AT LEASE SIGNING OR DELIVERY WILL BE PAID
(1) Capitalized Cost Reduction (Amount Paid in Cash) $ 800.91 (1) Credit for Net Trade-in Allowance** N/A
Sales/Use Tax on Amount Paid in Cash 74.08 Q)VINE-W/A
(2) Capitalized Cost Reduction (Credit for Net Trade-in Allowance) N/A (3) Manufacturer Contribution N/A
Sales/Use Tax on Credit for Net Trade-in Allowance N/A (4) Dealer Contribution ——_ N/A
(3) Advance Monthly Payment (1st Month) 466.34 (5) Amountto be Paid in Cash 2011.94
(4) Refundable Security Deposit N/A (6) NA N/A
(5) Initial Title Fees 257.00 (7) WA N/A
(6) Initial Registration Fees 282.00 (8) N/A. N/A
(7) Document Processing Charge (not a governmental fee) 92.86 (9) NWA N/A
(8) Electronic Vehicle Transfer or Registration Charge (10) N/A, N/A
(not a governmental fee) 30.00
(9) Other,_CA TIRE FEE 8.75,
(10) Other. N/A. N/A
(11) Other N/A N/A
(12) TOTAL $ 201 (14) TOTAL $ 2011:!
J
(Continued on Page 2) 11:49 am
60991*1*MHON!
HF LS CA 08/16 HONDA FINANCIAL SERVICES Lessee's Initials:NAL !Co-Lessee's tos. Page
1 of 6
a=18) =) oS Tag Siew Nene STU e (ofe) Sua iele))
Neue Sedalen ay WANNe Sy Ears iio eso se)
GROSS CAPITALIZED COST: The agreed upon value of the F, RENT CHARGE: The amount charged in addition to the
depreciation and any amortized amounts. + 2528.92
Vehicle ( §. 38648.00_) and any items | pay for
er the Lease (such as taxenes, fees, service G. TOTAL OF BASE PAYMENT(S): The depreciation and any
Ural a 1S ta ang
CAPITALIZED COST REDUCTION: The amount of any net
trade-in allowance, rebate, noncash credit, or cash | pay that H. LEASE PAYMENTS: The number of payments required during
reduces the gross capitalized cost. 800.91 the term of my Lease. 36
ADJUSTED CAPITALIZED COST: The amount used in \ BASE MONTHLY PAYMENT: 426.86
calculating my base monthly payment. 39247.04
RESIDUAL VALUE: The value of the Vehicle at the scheduled J. MONTHLY SALESIUSE TAX: 39.48
end of the Lease Term used in calculating my base monthly
payment. 26409.00 N/A
K. OTHER: N/A.
DEPRECIATION AND ANY AMORTIZED AMOUNTS: The amount L. OTHER: N/A N/A.
an Jedfor the Vehicle's decline in value through normal use
r other items paid over the Lease Term. = __12838.04__M. TOTAL MONTHLY PAYMENT ("MONTHLY PAYMENT")= $ 166.34
EARLY TERMINATION. | may have to pay a substantial charge if | end this Lease early. The char: ve ths nd }. The
actual charge will depend on when the Lease is terminated. The earlier | end the Lease, the greater this charge is likely to be.
7. EXCESSIVE WEAR AND USE. | may be charged for excessive wear based on Lessor's standards for normal use and for mileage in excess of ____12,000
_ miles per year
at the rate of 0.20 cents per rile,
PURCHASE OPTION AT END OF LEASE TERM. | have an option to purchase the Vehicle at the end of the Lease Term for $___26409.00 _ , plus any required taxes and fees.
OTHER IMPORTANT TERMS. Review this Lease for additional information on early termination, purchase options, maintenance responsibilities, warranties, late and default
charges, insurance, and any security interests, if applicable.
osTe sees zi se
- aa Uae asia nc asehealea ano SS me Le.
soe Sas
cae ms a as oe a ae
Agreed upon Value of Vehicle asetuipped at the time of Optional debt cancelation agreement. N/A
Lease signing $ ____38648.00_ 595.00
Acquisition Fee
Accessories and optional equipment Lessor agrees to add after
Lease signing Outstanding Prior Credit or Lease Balance NA
1, NA ——_—_N/AL Califomia Tire Fee $ N/A
2A N/A Optional Service Contracts and Products.
3. ACCESSSORIES 1. Optional Maintenance Contract N/A
4 NWA 2. Optional Service Contract N/A
56. NWA 3. Provider: _N/A NIA
6.WA 4, Provider: N/A N/A
Total Accessories and Optional Equipment to be added 804.95 Total Optional Service Contracts and Products N/A
C. Sales/Upfront/Other Tax N/A NIA N/A
D. License, Title, and Registration Fees N/A N/A NA
E. Document Processing Charge (not a governmental fee) N/A N/A N/A
Electronic Vehicle Transfer or Registration Charge N/A N/A
(not a governmental fee N/A
G, Premium for each policy of insurance N/A Total = Gross Capitalized Cost 40047.95
SEE mae
ca i 7 io
“Ifthe Vehicle is new, the Vehicle is covered by the manufacturers standard new car warranty. If the Vehicle is not new, there is no express warranty on the Vehicle unless indicated below.
(71 Used vehicle limited warranty provided by the manufacturer. (21 Remainder of standard new vehicle limited warranty provided by the manufacturer.
(C1 other. N/A,
LESSOR LEASES THE VEHICLE TO ME ‘AS IS", EXCEPT AS PROVIDED IN THIS LEASE (AND UNLESS PROHIBITED BY LAW), LESSOR MAKES NO EXPRESS OR IMPLIED
WARRANTIES OR REPRESENTATIONS AS TO THE VEHICLE’S (OR ANY OF ITS PARTS OR ACCESSORIES) CONDITION, MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE AND LESSOR MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER.
Zo US Ne ata we:
BS: Se)es aS
was rans pacar: 1 aS e
{do not have to purchase any of the optional products or services Ist ted below to enter into thiis Lease, and the 2y are nota factor in Lessors credit decision. If have indicated so below, it means
| want to purchase the products and/or services for the price(s) listed below. If | have decided to purchase any of the products and/or services, | acknowledge that | have read the separate
contract or notice which describes its terms and conditions. Coverage may be subject to approval by the provider. If the price of any products and/or services | Dag not prof he
Itemization of Gross Capitalized Cost, | will pay for them upon Lease signing or delivery. Lessor may receive a portion of the price of any optional products and/or servi
NIA N/A_; NIA
Optional Maintenance Contract
ananaes Prowler em Tessie ins
Optional Vehicle Service Contract N/A N/A N/A_/_N/A
Premlam oF Charge Provider Team
Other N/A NIA N/A. N/A_/__N/A.
Product Descrphion Prenianior Charge Prowider Tern Tessée inftals
Other N/A N/A N/A N/A_/_N/A
Product Desorption Premium
or Charge Provider Team Lessee Intals
Other N/A $, NIA N/A N/A_/__N/A
Product Description Premium
of Charge Provider Term Lessee infals
Other N/A
Product Desorption
Notice: ff you do not meet your Lease obligations, you may lose the Vehicle.
8.
Bremiam or Charge we Te
N/A N/A_/_N/A
‘Lessee inal
(Continued on Page 3)
20 11:49 am
60991*1*MHOND-FI
HF LS CA 08/16 HONDA FINANCIAL SERVICES Lessee's Initials: NA !Co-Lessee's Initials: SM? Page 2 of6
ee Sou uisiee gatas |) ayy ese onicnesi=sisin
Vagree to pay when due or reimburse Lessor for all title/license/registration/official fees and taxes over the term of my Lease (including any extensions), whether paid at Lease
signing, included in my Monthly Payments or billed otherwise by Lessor or my taxing jurisdiction, including personal property taxes. Lessor imates this amount to be:
ie actual total of fees and taxes may be higher, or lower, depending upon whether the garaging address of the Vehicle changes, and on the tax rates in
effect, or the value of the Vehicle at the time a fee or tax is assessed. Some taxes and fees may come due after the Lease terminates. | agree to pay any such amounts within 10
days of being invoiced or otherwise when indicated by the taxing authority. |will be responsible for any fines or penalties if fil to pay the bill when due.
Veen eat een aeesccaioueromencciirusce nines)
| affirm that the following insurance coverage is in force as of the Lease Date. | must instruct my insurance agent to ad as an additional loss payee and as anadditional insured, and send the
Insurance Policy, Endorsement, or Certificate to: Honda Lease Trust c/o PDP Services, P.O. Box 650201, Hunt Valley, Maryland 21065-0201.
Insurance Provider_CSAA Policy Number
UNDERWRITER PO BOX 22221 OAKLAND CA 94623 800-922-8228
‘Agent's Name Agent's Address. City State Zip Agents Phone Number
5
uae
‘The parties agree that any unresolved disputes shall be submitted to arbitration in accordance with the Arbitration clause pacer yey initialing thisSecton, | am confirming tf fead
this Section and the Arbitration clause, including the method of opting out of arbitration. Lessee's Initiats Y CoLessees itis
Toes
FOR PURPOSES OF THE NOTICES BELOW "YOU" REFERS TO LESSEE,
YOU AGREE THAT ASSIGNEE AND AHFC MAY OBTAIN YOUR CREDIT REPORT, CREDIT SCORE OR OTHER CONSUMER REPORT FOR USE IN CONNECTION
WITH COLLECTION OF AMOUNTS OWED UNDER THIS LEASE, ENFORCEMENT OF THIS LEASE, AND MARKETING SOLICITATIONS FOR RETAIL
INSTALLMENT FINANCING OR LEASE PROGRAMS AFTER LEASE DATE.
THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU AND US. No agreements exist between you and Lessor except as set forth in this Lease. The agreement
een the parties may only be modified by a writing signed by you and Lessor, except that the Lease may be extended by agreement over the phone or an agreement formed through other
oe erga pase. v
electronic means of communication fora period of six months. No course of performance will modify the agreement between the constitute a waiver of any right un der,
Lessee's Initials Co-Lessee's Initials,
You have the right to return the Vehicle, and receive a refund of any payments made if the credit application is not approved, unless nonapproval results from an incomplete|
application or from incorrect information provided by you.
(1) Do not sign this Lease before you read it or if it contains any blank spaces fo be filled in, (2) You are entitled fo a completely filled in copy of this Lease; (3) Waming-Unless a
Charge is included in this Lease for public liability or property damage insurance, payment for that coverage is not provided by this Lease; (4) You may prepay the unpaid balance
at any time in accordance with the terms set forth in the lease agreement.
By signing below YOU acknowledge that YOU HAVE read this lease and received a completely filled-in copy of this
Lease before ni jing.
CIES
Oe LEE
A INDIVID) SEMATURES)
X NATHAN ANDREW ARRISON X N/A N/A
Name Co-Lessee Signature Name
SHANNON MARIE CARABETTA X NWA N/A
Co-Léssee Signature Name Co-Lessee Signature Name
B. BUSINESS LESSEE SIGNATURE
X_NA N/A N/A NA
Lessee Signature Business Name Signor's Name Title
C. LESSOR SIGNATURE AND ASSIGNMENT: The authorized signature of the Lessor below has the effect of: (a) accepting the terms and conditions of this Lease: (b) acknowledging
verification of see'si irance coverage required by this Lease; and (c) assigni Honda Lease Trust, or its successors and assignees all of its right, tile and interest in and to this
Mm wl
Lease, the py of thi @ and the Vehicle, according to the terms and conditions. the Leage Plan Agi between Honda Lease Trust and the Lessor.
LF MANLY. HoNnpal ers MGR
AuthorisSignature” V7 Name Tite
Ee meeR ease SEE
GUARANTY: I/We jointly and severally guaranty payment of all amounts owed under this Least se, This means that if the Lessee(s) fails 10 pay any money owed, |/We will pay it,Upon default
under the Lease, Lessor may proceed immediately against me/us for payment, without first proceeding against the Lessee(s), any other guarantor, or any security. IWe also will be liable for all
, including attomeys' fees, that the Lessor incurs in enforcing the Lease or this guaranty. My/Our guaranty of payment is unconditional, and will not be affected by any settlement, extension,
ee
renewal or amendment of the Lease, or the release of any person or security. I/We waive all notices of every kind and nature and also waive all rights to demand and presentment.
AUP NA N/A
Co-Signer/Guarantor Signaturé Print Name Co-SigneriGuarantor Signature Print Name
SEE THE FOLLOWING PAGES FOR ADDITIONAL TERMS AND CONDITIONS
020 11:49 am
60991*1*MHOND-FI
HF LS CA 08/16 HONDA FINANCIAL SERVICES Lessee's Initials: : NA | Co-Lessee's ritas, ZO Page 3 of6
ments to Lessor according to the
19. PAYMENT SCHEDULE: | agree to make
schedule shown on the reverse side. The first Monthly Payment is due on the Lease Date. The
second Monthly Payment must be due on or between the ist and 28th of the month. If the total
Lease (‘Other Charg
amounts collected on eh ar ind Section4 of the Lease (‘Total of Payments”)
if of third parties (such as property taxes, fines, or ) oF charges
imposed if | fail to abide by or modify the terms of this Lease.| am also responsible for these
do not reflect
Monthly Payment includes sales or use tax, this payment amount may vary to the extent of any amounts and will refer to all other terms and cor itions is Lease for a description of all
tax increase or decrease. not change stop any Lease ments for any reason, even if charges dus In ac inless prot y law, the Lessor ora thi -pal may charge me
problems. the ad the Lessor or third-party wi me about the charges verb.
writing Sta | by text message, email, or other electronic means. The additional services will
20, LATE CHARGE/RETURNED CHECK CHARGE: Unless prohibited by law, | will
ay a late charge of the lesser of $25 or 5% of the unpaid portion of any Monthly Payment that not be performed unless | yree to pay the additional charges disclosed. As an example,
special handling of yments made bj telephone, the internet,
or ier electronic payment systems. Unless prot fi ibited law, allt or any portion of the
additional charges may apply
additional charges may be retained the Lessor or by thitcd parties or agents involved in the
Is not received within 10 days after it is due. Returned heck Charge: | will also pay a
$25 charge for any check or similar instrument returned for any reason, unless prohibited by
applicable law. payment processing or additional services.
21. SECURITY DEPOSIT: A refundable securit deposit may be part of the payment | 23. PAYOFF AGREEMENT: Lessor agrees to pay the payoff amount owed on my
make when | sign this Lease. At Lease termination, whether early or as scheduled, Lessor will
deduct from the security deposit any amounts | owe under this Lease and do not pay. If | fully trade-in vehicle, if any. The amount is the Prior Contract or Lease Balance disclosed in the box
on the first page entitled, “Trade-In Vehicle and Its Allowance.” To determine this amount, the
%
perform my obligations under this Lease, upon termination an} part of the security deposit not
credited will be refunded to me. In the event Lessor has not een billed for personal property
taxes for the Vehicle for the al it (or part thereof) in which the Lease terminates, | authorize
Lessor is relying on information from me, the
vehicle, If the actual
it lienholder, and/or lessor of my trade-in
yyoff amount is more than the disclosed Prior Contract or Lease Balance,
Lessor to retain a portion of the security deposit estimated to cover any personal property ta | agree to immediately pay the remaining amount owed to the contract lienholder or lessor of my
trade-in vehicle or to immediately repay you ifthe Lessor repay it If the actual payoff amount is
allocation for such year and appl itto the tax when due. Unless prohibited by applicable law, fund of the difference, the Lessor
no interest, increase or profits wil or be paid to me on the security deposit.
Preview
SPENCER P. HUGRET (SBN 240424) com JEANETTE SUAREZ (SBN: 255141) |SUATEZ( RESHMA A. BAA] (SBN: 227106) com COl ho! com GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054. Attomeys for Defendant AMERICAN HONDA MOTOR CO., INC. 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF SANTA CRUZ Ex 12 SHANNON CARABEITA AND NATHAN) Case No. 23CV01110 13 ARRISON, DECLARATION OF RESHMA A. 14 Plaintiffs, BAJAJ INSUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO., 15 VS. INC.’S MOTION TO COMPEL ARBITRATIONAND STAY ACTION 16 AMERICAN HONDA MOTOR CO., INC.; and DOES 1 through 10, inclusive, Date: March 1, 2024 17 Tine: 8:30am. Defendants. Dept: 10 18 Judge: Hon. Timothy Schmal 19 20 Complaint Filed: May 12, 2023 Trial Date: October 24, 2024. 21 22 23 I, Reshma A. Bajaj, declare as follows: 24 1 lam duly licensed to practice law in the State of Califomia and a senior counsel 25 at the law firm of Gordon Rees Scully Mansukhani, LLP, counsel for Defendant AMERICAN 26 HONDA MOTOR CO., INC. (“Honda”). The facts contained in this Declaration are of my 27 personal knowledge, other than those based on information and belief, to which I could and 28 would competently testify if called upon to do so. “1 DECLARATION OF RESHMA A. BAJAJ IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO. INC.’S MOTION TO COMPEL ARBITRATION AND STAY ACTION 2. Attached hereto as Exhibit 1 is a true and correct copy of the “Closed-End Motor Vehicle Lease Agreement, (with Arbitration Provision)” (“Lease Agreement”) executed by Plaintiffs SHANNON CARABEITA and NATHAN ARRISON (“Plaintiffs”) and Manly Honda at the time of the lease of a 2020 Honda Pilot, VIN: 5FNY F5H62L.B006797 (the ‘Vehicle”), on June 5, 2020. The arbitration clause in the Sales Contract, signed by Plaintiffs, is accurately quoted in the moving papers in Honda’s Motion to Compel Arbitration and Stay Action. 3, Attached hereto as Exhibit 2 is a true and correct copy of Plaintiffs’ Complaint, filed on May 12, 2023. 4. Honda responded to Plaintiffs’ Complaint on June 13, 2023. 10 5, Honda has not served any written discovery requests in this matter except for one 11 ae 12 set of Request for Production of Documents including five requests for vehicle documents and to have Plaintiffs confirm they did not opt out of the arbitration provision in the Lease 13 Agreement. Honda has not taken any depositions or inspected the vehicle. 14 6. Honda obtained the Lease Agreement (which contains the arbitration provision) 15 from leasing dealer Manly Honda on November 22, 2023. 16 7, Other than Honda’s motion to compel arbitration, no motion practice 17 depositions, vehicle inspections, or expert discovery have occurred in this case to date. 18 8. On December 1, 2023, Honda formally requested Plaintiffs agree to binding 19 arbitration pursuant to the binding arbitration clause contained in the Lease Agreement. 20 Attached hereto as Exhibit 3 is a true and correct copy of Honda’s December 1, 2023 letter to 21 Plaintiffs. As of the filing of this Motion, Plaintiffs have not responded to this request. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. 24 Executed on January 8, 2024, in San Francisco, Califomia 25 26 ao 27 Reshma Bajaj -2 DECLARATION OF RESHMA A. BAJAJ IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S MOTION TO COMPEL ARBITRATION AND STAY ACTION EXHIBIT 1 Honda Leadership Leasing® HONDA. DEAL 287416 ft CLOSED-END MOTOR VEHICLE LEASE AGREEMENT - CALIFORNIA IST: 2685: inancial Lease Date; 05/26/2020 STOCK 56590 Services ESO ree MEGuae Ne ev nssoicnnn fexNorarrtn S Name of Lessee Name of Driver Name of Lessor NATHAN ANDREW ARRISON MANLY HONDA Street Address Street Address Street Address 215 WEST AVE State uy State 2777 CORBY AVE. Cit State SANTA CRUZ CA N/A N/A SANTA ROSA cA Zip int Zip County 95060 Name of Co- SHANNON MARIE CARABETTA SANTA CRUZ Bier Phone Number (A 95407 Dealer Number By signing this Lease, Lessee and each Co-Lessee (collective 7 my" 'me") individually and together agree to lease the Vehicle, described below, , ecard to he tems onal pages of this Lease and Lessee and each ‘Lessee are this Lease. | accept delivery of the Vehicle and acknowled @ that itis in good opera jointlyarnd Serer lane for all obiigations under ‘odometer reading Cae . "Lessor" refers fo the Lessor Serves as the administrator of the Lease on r) named e and Assignee. Assignee is Honda Lease Trust, the ‘i ynee for ali jonda and Acura leases. he ierican Honda Finance Corporation ialf of Honda Lease Trust. American Honda Finance Corporation is doing business as Honda Financial Services ("HI FS* . LEASE TERM: 36 MONTHS : Uses Sceis lie) s MEW New/Used 2020 Year HONDA PILOT. Make & Model UV St le SFNYFSH62LB006797 Vehicle Identification Number 350 Odometer Reading Primary Use of Vehicle is Persona Family, or Household purposes unl less the folowing box is checked: [[] Business, Commercial, Agricul itural, or Lessee is an organization soe ently. plo Wenlous=senieen 3 The following vehicle is being traded-in by the Lessee: Year N/A. Make & Model N/A vin# N/A Gross Trade-in Allowance Less: Balance Owed “Net Trade-in Allowance (Gross agreed-upon value of the trade-in) $ N/A on Trade-in NWA (if tess than 0, then enter 0) $ N/A FOR USE BY LESSOR: This box is for trade-in, turn-in and other individualized agreements. Lessee agrees that if this lease cannot be assigned by Dealer to a financial institution on terms acceptable to Dealer and Dealer gives Lessee notice within 10 day: Ss, this lease will be rescinded. Lessee must then return the vehicle to Dealer in the same condition and Dealer will then return al i consideration paid. THERE IS NO COOLING OFF PERIOD California law does not provide fora “cooling off” or other cancellation period for vehicle leases. Therefore, you cannot later cancel this Lease simply because you change your mind, decided the Vehicle costs too much, or wish you had acquired a different vehicle. You may cancel this Lease only with the agreement of the Lessor or for legal cause, such as fraud. GAP LIABILITY NOTICE - In the event of theft or damage to the vehicle that results in a total loss, there may be a GAP between the amount due upon early termination and the proceeds of your insurance settlement and deductible. THIS LEASE PROVIDES THAT YOU MAY BE LIABLE FOR THE GAP AMOUNT. aad heal aad ctatcd LA CoA ashe easd La Lats) 1. AMOUNT DUE AT 2. MONTHLY PAYMENTS: 3. OTHER CHARGES: 4, TOTAL OF PAYMENTS: LEASE SIGNING My first Monthly Paymentof § 466.34 (not part of my Monthly Payment) (The amount | will have paid OR DELIVERY (Itemized Below)* is due on _ 05/26/2020 followed by Turmin Fee (if | do not by the end of the Lease.) 35. payments of § 466.34 due purchase the Vehicle) § 350.00 ‘on the: 25th of each month. The total of NA $ N/A $ 2011.94 ‘my Monthly Payments is § 16788.24 Total$ 350.00 $ 18683.84 oh Tate pa aire) Coley el tel)ss Ga= = sien nlecelpanseNyas\s A. AMOUNT DUE AT LEASE SIGNING OR DELIVERY B. HOW THE AMOUNT DUE AT LEASE SIGNING OR DELIVERY WILL BE PAID (1) Capitalized Cost Reduction (Amount Paid in Cash) $ 800.91 (1) Credit for Net Trade-in Allowance** N/A Sales/Use Tax on Amount Paid in Cash 74.08 Q)VINE-W/A (2) Capitalized Cost Reduction (Credit for Net Trade-in Allowance) N/A (3) Manufacturer Contribution N/A Sales/Use Tax on Credit for Net Trade-in Allowance N/A (4) Dealer Contribution ——_ N/A (3) Advance Monthly Payment (1st Month) 466.34 (5) Amountto be Paid in Cash 2011.94 (4) Refundable Security Deposit N/A (6) NA N/A (5) Initial Title Fees 257.00 (7) WA N/A (6) Initial Registration Fees 282.00 (8) N/A. N/A (7) Document Processing Charge (not a governmental fee) 92.86 (9) NWA N/A (8) Electronic Vehicle Transfer or Registration Charge (10) N/A, N/A (not a governmental fee) 30.00 (9) Other,_CA TIRE FEE 8.75, (10) Other. N/A. N/A (11) Other N/A N/A (12) TOTAL $ 201 (14) TOTAL $ 2011:! J (Continued on Page 2) 11:49 am 60991*1*MHON! HF LS CA 08/16 HONDA FINANCIAL SERVICES Lessee's Initials:NAL !Co-Lessee's tos. Page 1 of 6 a=18) =) oS Tag Siew Nene STU e (ofe) Sua iele)) Neue Sedalen ay WANNe Sy Ears iio eso se) GROSS CAPITALIZED COST: The agreed upon value of the F, RENT CHARGE: The amount charged in addition to the depreciation and any amortized amounts. + 2528.92 Vehicle ( §. 38648.00_) and any items | pay for er the Lease (such as taxenes, fees, service G. TOTAL OF BASE PAYMENT(S): The depreciation and any Ural a 1S ta ang CAPITALIZED COST REDUCTION: The amount of any net trade-in allowance, rebate, noncash credit, or cash | pay that H. LEASE PAYMENTS: The number of payments required during reduces the gross capitalized cost. 800.91 the term of my Lease. 36 ADJUSTED CAPITALIZED COST: The amount used in \ BASE MONTHLY PAYMENT: 426.86 calculating my base monthly payment. 39247.04 RESIDUAL VALUE: The value of the Vehicle at the scheduled J. MONTHLY SALESIUSE TAX: 39.48 end of the Lease Term used in calculating my base monthly payment. 26409.00 N/A K. OTHER: N/A. DEPRECIATION AND ANY AMORTIZED AMOUNTS: The amount L. OTHER: N/A N/A. an Jedfor the Vehicle's decline in value through normal use r other items paid over the Lease Term. = __12838.04__M. TOTAL MONTHLY PAYMENT ("MONTHLY PAYMENT")= $ 166.34 EARLY TERMINATION. | may have to pay a substantial charge if | end this Lease early. The char: ve ths nd }. The actual charge will depend on when the Lease is terminated. The earlier | end the Lease, the greater this charge is likely to be. 7. EXCESSIVE WEAR AND USE. | may be charged for excessive wear based on Lessor's standards for normal use and for mileage in excess of ____12,000 _ miles per year at the rate of 0.20 cents per rile, PURCHASE OPTION AT END OF LEASE TERM. | have an option to purchase the Vehicle at the end of the Lease Term for $___26409.00 _ , plus any required taxes and fees. OTHER IMPORTANT TERMS. Review this Lease for additional information on early termination, purchase options, maintenance responsibilities, warranties, late and default charges, insurance, and any security interests, if applicable. osTe sees zi se - aa Uae asia nc asehealea ano SS me Le. soe Sas cae ms a as oe a ae Agreed upon Value of Vehicle asetuipped at the time of Optional debt cancelation agreement. N/A Lease signing $ ____38648.00_ 595.00 Acquisition Fee Accessories and optional equipment Lessor agrees to add after Lease signing Outstanding Prior Credit or Lease Balance NA 1, NA ——_—_N/AL Califomia Tire Fee $ N/A 2A N/A Optional Service Contracts and Products. 3. ACCESSSORIES 1. Optional Maintenance Contract N/A 4 NWA 2. Optional Service Contract N/A 56. NWA 3. Provider: _N/A NIA 6.WA 4, Provider: N/A N/A Total Accessories and Optional Equipment to be added 804.95 Total Optional Service Contracts and Products N/A C. Sales/Upfront/Other Tax N/A NIA N/A D. License, Title, and Registration Fees N/A N/A NA E. Document Processing Charge (not a governmental fee) N/A N/A N/A Electronic Vehicle Transfer or Registration Charge N/A N/A (not a governmental fee N/A G, Premium for each policy of insurance N/A Total = Gross Capitalized Cost 40047.95 SEE mae ca i 7 io “Ifthe Vehicle is new, the Vehicle is covered by the manufacturers standard new car warranty. If the Vehicle is not new, there is no express warranty on the Vehicle unless indicated below. (71 Used vehicle limited warranty provided by the manufacturer. (21 Remainder of standard new vehicle limited warranty provided by the manufacturer. (C1 other. N/A, LESSOR LEASES THE VEHICLE TO ME ‘AS IS", EXCEPT AS PROVIDED IN THIS LEASE (AND UNLESS PROHIBITED BY LAW), LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AS TO THE VEHICLE’S (OR ANY OF ITS PARTS OR ACCESSORIES) CONDITION, MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND LESSOR MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER. Zo US Ne ata we: BS: Se)es aS was rans pacar: 1 aS e {do not have to purchase any of the optional products or services Ist ted below to enter into thiis Lease, and the 2y are nota factor in Lessors credit decision. If have indicated so below, it means | want to purchase the products and/or services for the price(s) listed below. If | have decided to purchase any of the products and/or services, | acknowledge that | have read the separate contract or notice which describes its terms and conditions. Coverage may be subject to approval by the provider. If the price of any products and/or services | Dag not prof he Itemization of Gross Capitalized Cost, | will pay for them upon Lease signing or delivery. Lessor may receive a portion of the price of any optional products and/or servi NIA N/A_; NIA Optional Maintenance Contract ananaes Prowler em Tessie ins Optional Vehicle Service Contract N/A N/A N/A_/_N/A Premlam oF Charge Provider Team Other N/A NIA N/A. N/A_/__N/A. Product Descrphion Prenianior Charge Prowider Tern Tessée inftals Other N/A N/A N/A N/A_/_N/A Product Desorption Premium or Charge Provider Team Lessee Intals Other N/A $, NIA N/A N/A_/__N/A Product Description Premium of Charge Provider Term Lessee infals Other N/A Product Desorption Notice: ff you do not meet your Lease obligations, you may lose the Vehicle. 8. Bremiam or Charge we Te N/A N/A_/_N/A ‘Lessee inal (Continued on Page 3) 20 11:49 am 60991*1*MHOND-FI HF LS CA 08/16 HONDA FINANCIAL SERVICES Lessee's Initials: NA !Co-Lessee's Initials: SM? Page 2 of6 ee Sou uisiee gatas |) ayy ese onicnesi=sisin Vagree to pay when due or reimburse Lessor for all title/license/registration/official fees and taxes over the term of my Lease (including any extensions), whether paid at Lease signing, included in my Monthly Payments or billed otherwise by Lessor or my taxing jurisdiction, including personal property taxes. Lessor imates this amount to be: ie actual total of fees and taxes may be higher, or lower, depending upon whether the garaging address of the Vehicle changes, and on the tax rates in effect, or the value of the Vehicle at the time a fee or tax is assessed. Some taxes and fees may come due after the Lease terminates. | agree to pay any such amounts within 10 days of being invoiced or otherwise when indicated by the taxing authority. |will be responsible for any fines or penalties if fil to pay the bill when due. Veen eat een aeesccaioueromencciirusce nines) | affirm that the following insurance coverage is in force as of the Lease Date. | must instruct my insurance agent to ad as an additional loss payee and as anadditional insured, and send the Insurance Policy, Endorsement, or Certificate to: Honda Lease Trust c/o PDP Services, P.O. Box 650201, Hunt Valley, Maryland 21065-0201. Insurance Provider_CSAA Policy Number UNDERWRITER PO BOX 22221 OAKLAND CA 94623 800-922-8228 ‘Agent's Name Agent's Address. City State Zip Agents Phone Number 5 uae ‘The parties agree that any unresolved disputes shall be submitted to arbitration in accordance with the Arbitration clause pacer yey initialing thisSecton, | am confirming tf fead this Section and the Arbitration clause, including the method of opting out of arbitration. Lessee's Initiats Y CoLessees itis Toes FOR PURPOSES OF THE NOTICES BELOW "YOU" REFERS TO LESSEE, YOU AGREE THAT ASSIGNEE AND AHFC MAY OBTAIN YOUR CREDIT REPORT, CREDIT SCORE OR OTHER CONSUMER REPORT FOR USE IN CONNECTION WITH COLLECTION OF AMOUNTS OWED UNDER THIS LEASE, ENFORCEMENT OF THIS LEASE, AND MARKETING SOLICITATIONS FOR RETAIL INSTALLMENT FINANCING OR LEASE PROGRAMS AFTER LEASE DATE. THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU AND US. No agreements exist between you and Lessor except as set forth in this Lease. The agreement een the parties may only be modified by a writing signed by you and Lessor, except that the Lease may be extended by agreement over the phone or an agreement formed through other oe erga pase. v electronic means of communication fora period of six months. No course of performance will modify the agreement between the constitute a waiver of any right un der, Lessee's Initials Co-Lessee's Initials, You have the right to return the Vehicle, and receive a refund of any payments made if the credit application is not approved, unless nonapproval results from an incomplete| application or from incorrect information provided by you. (1) Do not sign this Lease before you read it or if it contains any blank spaces fo be filled in, (2) You are entitled fo a completely filled in copy of this Lease; (3) Waming-Unless a Charge is included in this Lease for public liability or property damage insurance, payment for that coverage is not provided by this Lease; (4) You may prepay the unpaid balance at any time in accordance with the terms set forth in the lease agreement. By signing below YOU acknowledge that YOU HAVE read this lease and received a completely filled-in copy of this Lease before ni jing. CIES Oe LEE A INDIVID) SEMATURES) X NATHAN ANDREW ARRISON X N/A N/A Name Co-Lessee Signature Name SHANNON MARIE CARABETTA X NWA N/A Co-Léssee Signature Name Co-Lessee Signature Name B. BUSINESS LESSEE SIGNATURE X_NA N/A N/A NA Lessee Signature Business Name Signor's Name Title C. LESSOR SIGNATURE AND ASSIGNMENT: The authorized signature of the Lessor below has the effect of: (a) accepting the terms and conditions of this Lease: (b) acknowledging verification of see'si irance coverage required by this Lease; and (c) assigni Honda Lease Trust, or its successors and assignees all of its right, tile and interest in and to this Mm wl Lease, the py of thi @ and the Vehicle, according to the terms and conditions. the Leage Plan Agi between Honda Lease Trust and the Lessor. LF MANLY. HoNnpal ers MGR AuthorisSignature” V7 Name Tite Ee meeR ease SEE GUARANTY: I/We jointly and severally guaranty payment of all amounts owed under this Least se, This means that if the Lessee(s) fails 10 pay any money owed, |/We will pay it,Upon default under the Lease, Lessor may proceed immediately against me/us for payment, without first proceeding against the Lessee(s), any other guarantor, or any security. IWe also will be liable for all , including attomeys' fees, that the Lessor incurs in enforcing the Lease or this guaranty. My/Our guaranty of payment is unconditional, and will not be affected by any settlement, extension, ee renewal or amendment of the Lease, or the release of any person or security. I/We waive all notices of every kind and nature and also waive all rights to demand and presentment. AUP NA N/A Co-Signer/Guarantor Signaturé Print Name Co-SigneriGuarantor Signature Print Name SEE THE FOLLOWING PAGES FOR ADDITIONAL TERMS AND CONDITIONS 020 11:49 am 60991*1*MHOND-FI HF LS CA 08/16 HONDA FINANCIAL SERVICES Lessee's Initials: : NA | Co-Lessee's ritas, ZO Page 3 of6 ments to Lessor according to the 19. PAYMENT SCHEDULE: | agree to make schedule shown on the reverse side. The first Monthly Payment is due on the Lease Date. The second Monthly Payment must be due on or between the ist and 28th of the month. If the total Lease (‘Other Charg amounts collected on eh ar ind Section4 of the Lease (‘Total of Payments”) if of third parties (such as property taxes, fines, or ) oF charges imposed if | fail to abide by or modify the terms of this Lease.| am also responsible for these do not reflect Monthly Payment includes sales or use tax, this payment amount may vary to the extent of any amounts and will refer to all other terms and cor itions is Lease for a description of all tax increase or decrease. not change stop any Lease ments for any reason, even if charges dus In ac inless prot y law, the Lessor ora thi -pal may charge me problems. the ad the Lessor or third-party wi me about the charges verb. writing Sta | by text message, email, or other electronic means. The additional services will 20, LATE CHARGE/RETURNED CHECK CHARGE: Unless prohibited by law, | will ay a late charge of the lesser of $25 or 5% of the unpaid portion of any Monthly Payment that not be performed unless | yree to pay the additional charges disclosed. As an example, special handling of yments made bj telephone, the internet, or ier electronic payment systems. Unless prot fi ibited law, allt or any portion of the additional charges may apply additional charges may be retained the Lessor or by thitcd parties or agents involved in the Is not received within 10 days after it is due. Returned heck Charge: | will also pay a $25 charge for any check or similar instrument returned for any reason, unless prohibited by applicable law. payment processing or additional services. 21. SECURITY DEPOSIT: A refundable securit deposit may be part of the payment | 23. PAYOFF AGREEMENT: Lessor agrees to pay the payoff amount owed on my make when | sign this Lease. At Lease termination, whether early or as scheduled, Lessor will deduct from the security deposit any amounts | owe under this Lease and do not pay. If | fully trade-in vehicle, if any. The amount is the Prior Contract or Lease Balance disclosed in the box on the first page entitled, “Trade-In Vehicle and Its Allowance.” To determine this amount, the % perform my obligations under this Lease, upon termination an} part of the security deposit not credited will be refunded to me. In the event Lessor has not een billed for personal property taxes for the Vehicle for the al it (or part thereof) in which the Lease terminates, | authorize Lessor is relying on information from me, the vehicle, If the actual it lienholder, and/or lessor of my trade-in yyoff amount is more than the disclosed Prior Contract or Lease Balance, Lessor to retain a portion of the security deposit estimated to cover any personal property ta | agree to immediately pay the remaining amount owed to the contract lienholder or lessor of my trade-in vehicle or to immediately repay you ifthe Lessor repay it If the actual payoff amount is allocation for such year and appl itto the tax when due. Unless prohibited by applicable law, fund of the difference, the Lessor no interest, increase or profits wil or be paid to me on the security deposit.