No Value: PORSCHE LEASING LTD. ET AL VS SWEET BEAST DESSERTS, INC. A CALIFORNIA CORPORATION ET AL

On January 12, 2024 a No Value was filed involving a dispute between Porsche Financial Services, Inc., Porsche Leasing Ltd., and Castro, Melinda, Sweet Beast Desserts, Inc. A California Corporation, for 06-CV Breach of Contract/Warranty-Civil Unlimited in the District Court of Kern County.

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1 THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403
(818) 205-9955; (818) 205-9944 fax
STACEY A. MILLER, ESQ.; STATE BAR NO.: 161628
smiller@tharpe-howell.com

Attorneys for Plaintiffs, PORSCHE LEASING LTD, and
PORSCHE FINANCIAL SERVICES, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF KERN

11 PORSCHE LEASING LTD., and PORSCHE Case No.
FINANCIAL SERVICES, INC.,
12 Complaint Filed:
Plaintiff, Civil Unlimited Jurisdiction
13 [assigned to the Honorable , Dept _]
V.
14 VERIFIED COMPLAINT FOR POSSESSION
SWEET BEAST DESSERTS, INC. a OF PERSONAL PROPERTY, DEFICIENCY
15 California corporation; MELINDA CASTRO, JUDGMENT, FORECLOSURE OF
an individual; DOES | to 10, inclusive, SECURITY INTEREST WITH DEFICIENCY
16 JUDGMENT, BREACH OF EXPRESS
Defendants. WRITTEN CONTRACT, MONEY LENT AND
17 ACCOUNT STATED

19 Plaintiffs, PORSCHE LEASING LTD. and PORSCHE FINANCIAL SERVICES, INC.,

20 both Delaware Corporations, hereinafter referred to, collectively, as Plaintiffs, allege as follows:

21 1 At all times mentioned herein, plaintiffs were and are corporations, authorized to do

22 and doing business in the County of Kern in the State of California.

23 2 Plaintiffs are informed and believe and thereupon allege that defendant, SWEET

24 BEAST DESSERTS, INC. (“SWEET BEAST”) is a California Corporation qualified to do and

25 doing business in the City of Bakersfield, County of Kern, State of California.

26 3 Plaintiffs are informed and believe and thereupon allege that defendant, MELINDA

27 CASTRO (“CASTRO”) is a natural person and competent adult, residing in the City of

28 Bakersfield, County of Kern, State of California.

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
4 The true names and capacities of defendants DOES 1 through 10, inclusive, are

unknown to plaintiffs who therefore sue said defendants by such fictitious names pursuant to

Section 474 of the California Code of Civil Procedure. Plaintiffs will seek leave of court to amend

this complaint when said true names and capacities have been ascertained.

5 At all times mentioned herein, each of the defendants, including the defendants

served as DOE herein, were the agents and/or employees of each of the remaining defendants and

in doing the things herein mentioned were acting within the scope of such agency and/or

employment. Plaintiffs are further informed and believe and thereupon allege that each of the

defendants, including the defendants served as DOE herein, ratified, approved, or condoned the

10 actions of every other Defendant.

11 FIRST CAUSE OF ACTION

12 (Possession of Personal Property — against all Defendants)

13 6. Plaintiffs incorporate the allegations contained in Paragraphs | through 5, inclusive,

14 as though fully set forth herein.
7
15 On or about December 15, 2021, in Bakerfield, California, SWEET BEAST and

16 CASTRO (“collectively, “Defendants’) entered into an agreement with Porsche Bakersfield

17 entitled California Vehicle Lease Agreement (“Agreement”) for the lease of a new 2021 Porsche

18 Panamera 48, Vehicle Identification Number WPOAB2A70ML139765 (“Vehicle”). Attached

19 hereto as Exhibit “A”, and incorporated herein by reference, is a true and correct copy of the

20 Agreement.

21 8 The Agreement provides that Defendants were to make forty-two (42) consecutive

22 monthly payments in the amount of $2,569.38 commencing December 15, 2021.

23 9 On or about December 15, 2021, Porsche Bakersfield assigned its rights, title and

24 interest in the Agreement to Porsche Leasing Ltd., who thereafter provided it to Porsche Financial

25 Services, Inc. for servicing. See Exhibit “A”.

26 10. Pursuant to paragraph 24B of the Agreement, Defendants understood that they did

27 not have an ownership interest in the Vehicle unless they exercised an Option to Purchase. No

28 Option to Purchase has been exercised. Attached hereto as Exhibit “B”, and incorporated herein by

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
reference, is a true and correct copy of the State of California Certificate of Title, indicating

Porsche Leasing Ltd as the lessor and registered owner with Defendants as the lessees of the

Vehicle.

11. On or about July 13, 2022, the parties agreed to allow Defendants to defer the July

15, 2022 payment until the end of the lease term. Again, on or about December 15, 2022, the

parties agree to allow Defendants to defer the November 15, 2022 payment until the end of the

lease term. Attached hereto as Exhibit “C”, and incorporated herein by reference, are true and

correct copies of the letters memorializing these deferral agreements.

12. On or about September 15, 2023, Defendants defaulted on the Agreement by failing

10 to make the payment due and Plaintiffs attempted to demand return of the Vehicle. Pursuant to

11 Paragraph 22B of the Agreement, Plaintiffs may accelerate the debt and demand the full amount

12 due under the Agreement be paid immediately. Therefore, there is now due, owing and unpaid

13 from the Defendant the approximate sum of $117,102.11, plus additional charges pursuant to the

14 terms of the Agreement. Interest accrues from September 15, 2023, at the legal rate of 10% per

15 annum, until paid in full.

16 13. Plaintiffs have performed all obligations on their part to be performed under the

17 terms of the Agreement.

18 14. Plaintiffs have attempted to make demand upon Defendants for possession of the

19 Vehicle and Defendants have failed and refused, and continue to fail and refuse, to give Plaintiffs

20 possession of the Vehicle or contact Plaintiffs to discuss the account.

21 15. By virtue of the foregoing facts, Plaintiffs are entitled to immediate possession of

22 the Vehicle.

23 16. Plaintiffs are informed and believe and based thereon allege that the Defendants, or

24 their agents employees, and/or contractors, have the power to possess and control the Vehicle and

25 hence continue to retain possession of the Vehicle of the purpose of deriving use and benefit

26 therefrom. However, each refuses to return the Vehicle to Plaintiffs.

27 17. Plaintiffs are informed and believe and based thereon allege that the Vehicle may be

28 located at or near the garage or parking space associated with Defendants at 10816 Stratton Court,

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
Bakersfield, California 93312.

18. Plaintiffs are informed and believe and based thereon allege that the Vehicle has not

been taken for a tax assessment or fine pursuant to a statute nor seized under an execution against

the Vehicle.

19. As the Defendants, or their agents, employees and/or contractors are in possession

or have knowledge of the location of the Vehicle, Plaintiffs have limited means of estimating its

value. However, Plaintiffs believe that the approximate value of the Vehicle is $72,475.00.

Attached hereto as Exhibit “D”, and incorporated herein by reference, is a true and correct copy of

the Black Book Value for December 2023. Any opinion ofthe approximate value of the Vehicle

10 expressed by Plaintiffs is not intended or meant in any way to prejudice Plaintiffs’ entitlement to a

11 deficiency judgment in the event the sale of the Vehicle, under any applicable law, results in the

12 recovery of a lesser sum.

13 20. As a result of the wrongful detention of the Vehicle, Plaintiffs have suffered the loss

14 of the use and enjoyment of the Vehicle. Plaintiffs have further suffered damages due to

15 depreciation and deterioration according to proof at trial.

16 21. Paragraphs 21 and 22 of the Agreement provides that the Defendants will pay

17 Plaintiffs’ reasonable attorneys’ fees incurred in enforcing the terms of the Agreement, together

18 with all costs incurred therewith. It has become necessary for Plaintiffs to engage the law firm of

19 Tharpe & Howell for the purpose of bringing this action. Therefore, Plaintiffs are entitled to a

20 further and additional sum for reasonable attorneys’ fees which they have incurred in this action.

21 22. Neither the filing of this case nor the statement of this cause of action are intended

22 to be construed as a waiver or other relinquishment of Plaintiffs’ rights to proceed against the

23 Vehicle in any manner provided in the Agreement or otherwise provided by law or in equity.

24 SECOND CAUSE OF ACTION

25 (Deficiency Judgment — Against All Defendants)

26 23. Plaintiffs incorporate the allegations contained in Paragraphs | through 5 and 7

27 through 22 inclusive, as though fully set forth herein.

28 Mil

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
24. Upon recovery of the Vehicle, Plaintiffs will send Defendants notice of their intent

to sell the Vehicle to the extent required, if so required.

25. If the Plaintiffs do not redeem the default, Plaintiffs will then sell the Vehicle to

establish any gain or loss after repossession. If there is a deficiency, Plaintiffs are entitled to a

judgment against the Defendants for the amount of such deficiency.

THIRD CAUSE OF ACTION

(Foreclosure of Security Interest with Deficiency Judgment — Against All Defendants)

26. Plaintiffs incorporate the allegations contained in Paragraphs | through 5, 7 through

22 and 24 through 25 inclusive, as though fully set forth herein.

10 27. As a result of the Defendants’ default, Plaintiffs are also entitled to enforce its

11 security interest in the Vehicle by judicial foreclosure of all the Defendants’ rights therein through

12 a public sale by the proper judicial officer.

13 FOURTH CAUSE OF ACTION

14 (Breach of Express Written Contract — Against All Defendants)

15 28. Plaintiffs incorporate the allegations contained in Paragraphs | through 5, 7 through

16 22 and 24 through 25 inclusive, as though fully set forth herein.

17 29. Plaintiffs have performed all conditions on their part to be performed under the

18 Agreement.

19 30. Defendants have defaulted on the Agreement by failing to make payments thereon

20 when due.

21 31. There is now due, owing and unpaid from the Defendants to Plaintiffs, despite

22 demand therefore, on the Agreement, the sum of $117,102.11, plus additional charges pursuant to

23 the terms of the Agreement. Interest accrues from September 15, 2023, at the legal rate of 10% per

24 annum, until paid in full.

25 32. Paragraphs 21 and 22 of the Agreement provides that the Defendants will pay

26 Plaintiffs’ reasonable attorneys’ fees incurred in enforcing the terms of the Agreement, together

27 with all costs incurred therewith. It has become necessary for Plaintiffs to engage the law firm of

28 Tharpe & Howell for the purpose of bringing this action. Therefore, Plaintiffs are entitled to a

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
further and additional sum for reasonable attorneys’ fees which it has incurred in this action.

FIFTH CAUSE OF ACTION

(Money Lent — Against All Defendants)

33. Plaintiffs incorporate the allegations contained in Paragraphs | through 5 inclusive,

as though fully set forth herein.

34. Within the last four (4) years, Defendants became indebted to Plaintiffs in the sum

of $117,102.11, plus additional charges pursuant to the terms of the Agreement, for money lent by

Plaintiff to Defendants at their special instance and request.

35. Despite demand therefor, Defendants have failed and refused and continue to fail

10 and refuse to pay the balance due, owning and unpaid to Plaintiffs in the sum of $117,102.11, plus

11 additional charges pursuant to the terms of the Agreement.

12 SIXTH CAUSE OF ACTION

13 (Account Stated — Against All Defendants)

14 36. Plaintiffs incorporate the allegations contained in Paragraphs | through 5 inclusive,

15 as though fully set forth herein.

16 37. Within the last four (4) years, an account was stated in writing by and between

17 Plaintiffs and Defendants, wherein it was agreed that the Defendants were indebted to Plaintiffs in

18 the sum $117,102.11, plus additional charges pursuant to the terms of the Agreement.

19 38. Despite demand therefor, Defendants have failed and refused and continue to fail

20 and refuse to pay the balance due, owning and unpaid to Plaintiffs in the sum of $117,102.11, plus

21 additional charges pursuant to the terms of the Agreement.

22 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as

23 follows:

24 ON THE FIRST CAUSE OF ACTION:

25 1 For an order directing Defendants, or their agents, employees and/or contractors to

26 forfeit and deliver possession of the Vehicle to Plaintiffs, or, if the Vehicle cannot be delivered, for

27 its value;

28 2 For damages equal to the rental value of the Vehicle according to proof;

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
For damages caused by depreciation and deterioration of the Vehicle according to

proof;

Pre-judgment interest according to proof;

For costs of suit incurred herein, including reasonable attorneys’ fees; and

6. For such other and further reliefas the court may deem just and proper.

ON THE SECOND CAUSE OF ACTION:

1 For damages according to proof as allowed by law, together with interest at the legal

rate from the date of judgment;

2 For costs of suit incurred herein, including reasonable attorneys’ fees; and

10 3 For such other and further reliefas the court may deem just and proper.

11 ON THE THIRD CAUSE OF ACTION:

12 1 For an order directing public sale of the Vehicle herein described to foreclose all of

13 the Defendants’ rights therein and to apply the proceeds in the following order:

14 A To the costs of taking, keeping, and selling the Vehicle;

15 B To the satisfaction of damages and interest thereon under the Agreement;

16 Cc To costs of suit;

17 D. To reasonable attorneys’ fees; and

18 2 For a judgment against Defendants and in favor of Plaintiffs for any deficiency that

19 may remain after applying the proceeds of the sale of the Vehicle as specified above or, if no

20 deficiency exists, for a judgment that the remaining proceeds be used to satisfy the indebtedness of

21 Defendants to any subordinate secured creditor if written notification of demand therefore is

22 received before distribution of the proceeds of the sale of the Vehicle is complete.

23 FOR THE FOURTH, FIFTH AND SIXTH CAUSES OF ACTION:

24 1 For damages in the sum of $117,102.11, plus additional charges pursuant to the

25 terms of the Agreement;

26 2 For interest from September 15, 2023, at the legal rate of 10% until paid in full;

27 Mil

28 Mil

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
3 For costs of suit incurred herein, including reasonable attorneys’ fees; and

4 For such other and further reliefas the court may deem just and proper.

Dated: January _"; 2024 THARPE & HOWELL, LLP

. heal Vibe.
STACEY A. MILLER
Attorneys for Plaintiffs. PORSCHE
LEASING LTD. and PORSCHE
FINANCIAL SERVICES, INC.

10 1:\34000-000\34470\Pleadings\Complaint.docx

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VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL PROPERTY, et al.
VERIFICATION

The undersigned declares as follows:

I am employed as the Sr. Manager of Account Resolutions and Default Management for

PORSCHE FINANCIAL SERVICES, INC., a Delaware corporation (“Plaintiff”). I am authorized

to make this Verification for and on Plaintiff's behalf and I make this Verification for that reason.

6 Thave read the foregoing VERIFIED COMPLAINT FOR POSSESSION OF PERSONAL

PROPERTY, DEFICIENCY JUDGMENT, FORECLOSURE OF SECURITY INTEREST WITH

DEFICIENCY JUDGMENT, BREACH OF EXPRESS WRITTEN CONTRACT, MONEY LENT

AND ACCOUNT STATED and know its contents. The matters stated therein are true of my own

10 knowledge expect as to those matters stated on information and belief and as to those matters I

11 believe them to be true.

12 I declare under penalty of perjury under the laws of the State of California that the

13 foregoing is true and correct.

14 Executed on 91/12/2024 at Atlanta, Georgia.

16 Ii
iis Parhar (Jan 12, 2024 1125 EST)
IRVIS PARHAR
17

28
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VERIFICATION
EXHIBIT A
PORSCHE
CALIFORNIA MOTOR VEHICLE LEASE AGREEMENT Porsche Financial Services
1. Lessee And Lessor. Contact us at 800.505.1041
Lessee(s) (and:Co-Lessee, if any) Name and Address Lessor (Dealer} Name, Address and Phone Number
WEET BEAST. VPOBSSERTS Inc
MELINDA RECHE BAKERSFIELD
Ba!
eT 690
BAKERSFIELD CA 93312 SriEED ea 93313
iesnell= -6200

Vehicle's Garaging Address (if different than Lessee’s Address)

N/A 12/15/2021

Lease Term
42 Months

Lessee(s) and Co-Lessee, if any, (callectively “Lessee,” “you” and “your") agree to lease from lessor {“Lessor’) the leased vehicle described below ("Vehicle") according to the terms
and conditions set forth in this lease agreement ("Lease"). Co-Lessee, if any, is jointly and severally liable for any obligation under the terms of this Lease. ‘You acknowledge that this
Lease willbe assigned to Porsche Leasing Ltd. or an assignee inated by Porsche Leasing Ltd. (collectively “Assignee”). Lessor and Assignee shall be refered ta calectivey ag" we"
ar “us.” Porsche Leasing Ltd, assigns its sights (but not its obligations} to sell or buy this Vehicle ta or from PPCenter, ine., dba Porsche Payment Center, under the Qualified Exchange
Trust Agreement
and the Master Exchange Agreement.
2. Vehicle Descriptions. This is a Single Payment Lease if this box is checked: O
A. Leased vehicle. @) New Q Used Primary-Use: (&K Personal Q Business
Year Make Modet Odometer Reading Vehicle Identification No.
2021 PORSCHE IPANAMERA 4S 10 WPOAB2A70ML139765

B.Trade-in-vehicle.
The following vehicle is being traded-in by the Lessee: Gross Trade-in
(Gross agreed-upon value of the trade-in). wuf}_126601.00
2020 PORSCHE 911 (To Be Paid by Dealer/Lessor). $_120100,00
Year Make Model
Net Trade-in Allowance
(If less than O, thenenter Q). ve 6501.00

THERE IS NO COOLING OFF PERIOD
| California law does. nat provide for a “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.

3. Amount Due At 4, Monthly Payments Or Single Payment. 5. Other Charges. 6. Total OF
(Not part of your! lonthly Payment
Lease Signing Or A. Your first Monthly Payment of S— 2868.38 — ‘orSingle Payment) Payments
Delivery. is dueon (The amount you wilt
(hemized below)” followed by _41__ payments of Geta A. Disposition Fee $ 595.00 have paid by the end of
the Lease)
due onthe 15th of each month, (if you do not purchase
the Vehicle}
The total of your Monthly Payments is $112440.58
$107913.96 BN/A § N/A
8 6501.00 C. ‘If this is a Single Payment Lease, your Single C. Total $595.00
(Section
3 plus
Paymentof$__.. N/A is due ‘plus Section
5{C)
onN/A N/A___which is at Lease
Signing or Delivery as.shown in
FANS)

Lessee initial
PFS
ORIGINALTO PFS COPY TO LESSEE COPY TO CO-LESSEE
Porsche Financial Services - PPS 3345 - CA[09/17} MOTOR VEHICLE LEASE AGREEMENT 1 ofB
7.*Itemization Of Amount Due At Lease Signing Or Delivery.
A. Amount DueAt Lease Signing Or Delivery: B. How The Amount Due At Lease Signing Or Delivery Will Be Paid:
) Capitalized Cost Reduction $. 2386.94
(2) First Monthly Payment $ 2569.38
(3) Single Payment $__ N/A
(4) Title Fee $___ N/A
(5) Registration Fees 328.00 (1) Net Trade-in Allowance $___6501,00
(6) License Fees 889.00 (2) Rebates and Non-cash Credits $__
N/A
(7) Sales:or Use Tax $ 203.93 (8) Amounts to be Paid in Cash $___
N/A
(8) Acquisition Fee $__ A (4) N/A s N/A
9 California Tire Fees 8.75
(10) Electronic Registration Fee 30.00
(Not a Gov't. Fee)
(11) DoCc_FEEB 85.00
(12) N/A N/A
(13) Total 8. 6502.00 (5) Totat $ 6501.00

| 8. Your Monthly Payment Or Singte Payment Is Determined As‘ Shown Below:
A. Gross Capitalized Cost. The agreed upon E. Depreciation
And Any Amortized Amounts.
value of the Vehicle (136680 . 00 ) The amount charged for the Vehicle's
and any items you pay over the Lease decline in value through normal use and for
Term (such as service contracts, insurance, other items paid over the Lease Term... =$_69344.06
and any outstanding prior credit or | F. Rent Charge. The amount charged in
balance) Fully itemized below**. see $142780,00 addition to the Depreciation and any
Capitalized Cost Reduction. The amount \ Amortized Amounts +$_ 30726.82
of any Net Trade-in Allowance, rebate, G. Total Of Base Monthly Payments or
non-cash credit, or cash you pay that ' Single Payment. The Depreciation and any
reduces the Gross Capitalized Cost.. - §_2386.94 Amortized Amounts plus the Rent Charge.......... =$100070.88
Adjusted Capitalized Cost. The amount H. Lease Payments. The number of payments
used in calculating your Base Monthly , inyour Lease.. +$__42_
Payment or Base Single Payment... Base Monthly Payme:
ment.. =§ 2382.64
Residual Value. The value of the Vehicle J.. Monthly Or Total Sales/UseTax +8 186.74
at the end of the Lease used in calculating K. N/A +8. N/A
your Base Monthly Payment or Basi L. Total Monthly Payment (“Monthly
Single Payment... . 71049 .0
nt") Or Total Single Payme
(“Single Payment”). =§. 2569.38

Early Termination. You may have to pay a substantial charge if you end this Lease early. Th
thousand dollars. The actual charge will depend on when the Lease is terminated. The earlier you end the Lease,
the greater this charge is likely to be.
9. Excessive Wear And Use. You may be charged for Excess Wear and Use based on our standards for normal use and for
mileage in excess of ____ 10000 __ miles per year at the rate of $_0.30 ___ per mile, subject to proration in the event of early
termination under the-section entitled “Early Termination - ing Pa
10. Purchase Option At End Of Lease Term. You have an option to purchase the Vehicle "AS IS" at the end of the Lease Term for the sum
of the Residual Value, plus Purchase Option Fee of §. 0.00 . You may also be required to pay any applicable fees, taxes and
other charges, as referenced under the section entitled “Option to Purchase.
Other Important Terms. See all pages of this Lease for additional! terms conceming early termination, purchase option, maintenance
responsibilities, warranties, late and default charges, insurance, and security interest, if applicable.

PFS
Lessee win Lessee Initials: Mc
ORIGINALTO PFS COPY TO LESSEE COPY
TO CO-LESSEE COPY TO FILE
Porsche Financial Services - PFS 3345 - CA[09/17) MOTOR VEHICLE LEASE AGREEMENT 2 of 8
12, Estimated Official Fees And Taxes.
11.**Itemization Of Gross Capitalized Cost.
$_12345.26 This is an estimate of the
A. Agreed Upon Value of Vehicle... +$__136680.00 total.amount you will pay for official and license fees,
B. Prior Credit or Lease Balance..... +$___N/A_ registration, titleandtaxes (including personal property
taxés) over the term of your Lease, whether included
Service Contract... +8. 2940.00 in your Monthly Payment or Single Payment depending
‘on the tax rates in effect or the value of the Vehicle at
Lease Acquisition Fe . . . +8. 1095.00
the time a fee or tax is assessed. This estimate is
Sales Tax ...... +8 N/A based on your Garaging Address and may increase if
you move or if tax rates change. Far some of these
(nitial License, Title and Registration +8 N/A items,we may invoice you after the taxing authority has
billed us, sometimes after the Lease terminates.
California Tire Fees +8. N/A

Electronic Registration Fee (Not'a Gov't, Fee) +8. N/A 13. Warranties.
Cocument Processing Fee (Not a Gov't. Fee) + N/A
If the Vehicle is new, the Vehicle is subject to the
manufacturer's standatd new car warranty. If the
Accessories‘and optional equipment.Lessor agrees Vehicle is not new, there is no express warranty on
to add to the Vehicle and Lease signing the Vehicle unless indicated below.
2 The Vehicle is covered by the remainder of the
(TINA
reece sen N/A
standard manufacturer's new vehicle warranty,
(2)Mw/aA +$__WaA QO The Vehicle is covered by the standard
manufacturer's used vehicle warranty.
(3) N/A +$__N/A
Lessor assigns to you all rights Lessor has under
Porsche After-Market Products PSMP +8, 2065.00 any of these warranties. You acknowledge that you
Porsche After-Market Products N/A. N/A have received 2 copy of the indicated warranties.
You are leasing the Vehiole “AS-IS.” Lessor makes no
M. Other After-Market Products. N/A +8 N/A warranties or resentations, either express or
implied as to the Vehicle or any part of accessory
Other After-Market Products N/A +8. N/A
thereof. Lesso¢ makes no warranty:of merchantability
. Total (Gross Capitalized Cost) =$__142780.00 or fitness of the Vehicle for any particular purpose or
any other representation or warranty whatsoever.
Additional
Terms And Conditions:
14, Late Charge; Returned Instrument Charge. B. collision and’ upset insurance with a deductible amount
If this is a Single Payment Lease, you are not liable for any late of not more than $2,500; and
charges. If this is a Monthly Payment Lease and if all or any Cc. automobile liability insurance. with limits of not less than
portion of a Monthly Payment is not received within 10 days after $100,000 for any one person for bodily injury or death,
it is due, you will pay a late charge of 5% of the scheduled and $300,000 fer any one accident for bodily injury or
payment, plus tax where applicable, to the extent allowed by law. death, and $50,000 for property damage, or $300,000
Combined Single-Limit (minimum).
If any check, draft or similar instrument you send in payment is
teturned:to Lessor unpaid for any reason, including, but not limited You agree that all insurance will protect Lessor and you will
to, non-sufficient funds, you must pay a returned'instrument charge name Assignee as additional named insured and loss payee.
of $25, or such lesser amount as is permitted by law, in addition to You agree to provide Lessor with all information it requests
any amounts you are charged by any other party and the amount of regarding the insurance and any claim that might arise from the
the dishonored instrument. If no such amount is permitted by law, use or maintenance of the Vehicle. You agree to provide Lessor
you will not owe a return instrument charge. with a copy of the insurance policy that insures the Vehicle.

A processing or other fee may apply to any expedited payment The insurance listed above is required in cannection with this
service, such as payments made by telephone or agent assisted Lease. You have the option of providing the required insurance
transactions; we collect
this fee on behalf
of the payment proc through an existing policy of insurance owned or contralled
except where prohibited by applicable law. by you or through a policy paid for by you and obtained from
any insurance company authorized to transact business in the
15. Insurance. state in which this Lease was signed. Lessor may for reasonable
You agree to provide insurance. coverage in the amount and cause decline the insurance provided by you.
types indicated below at your expense during the Lease Term:
A. comprehensive fire, theft and combined additional coverage If the Vehicle insurance is canceled for any reason, you’ agree to
insurance with a deductible of not. more than $2,500; immediately obtain new insurance on the Vehicle and provide a

C-
Lessee iio & Co-Lessee Initials:
PFS
ORIGINAL TO PFS COPYTO LESSEE COPYTO CO-LESSEE COPYTO FILE:
Porsohe Financial Services - PFS 3345 - CA (09/171 MOTOR VEHICLE LEASE AGREEMENT 3 of8
Copy of the insurance policy to Lessor. You agree not to operate uninsured track use; and
the Vehicle during the time that it is not insured. If you fail to (11) not use the Vehicle in any off-road activity, unless the
maintain the insurance required under this Lease, Lessor may, Vehicle is a sport utility.
at its option purchase the insurance and add the amount we
Pay to the amounts you owe under this Lease or require that Reimbursement. You agree to reimburse Lessor and
you pay it immediately. If Lessor purchases such insurance, Assignee for all claims, losses, costs; and damage
it may cover your interest and Lessor's interest or it may arising out of the use of condition of the Vehicle or its
cover only Lessor's interest, to the extent allowed under contents during the Lease Term. You agree to reimburse
applicable law. In the event of a loss, you hereby assign Lessor and Assignee for alt taxes, license, title,
to'Lessor any monies payable under such insurance policy. registration and other official fees paid by Lessor and
Assignee on your behalf during the Lease Term. You,
You agree to cooperate with Lessor to assist Lessor's recovery agree to pay all fines imposed on the Vehicle or on
of diminished! value of the Vehicle as the result of an accident any driver of the Vehicle during the ‘Lease Term. If you fail to
that does not result in.a Total Loss, pay the fines and Lessor pays, you will pay to Lessor a $20
handling: charge for each time Lessor must pay a fine, in
No physical damage or liability insurance coverage for bodily injury addition to the fine or penalty imposed, to the-extent allowed
Of property damage causedto others is included in this Lease. by applicable law.

16. Vehicle Operation. Taxes, Registration And Titling.
A. Vehicle Maintenance and Operating Costs. You are You agree to pay all sales, use, personal property and other
responsible for the maintenance and servicing of the taxes, and all fees and charges that are levied in connection
Vehicle. You agree to keep the Vehicle in good condition with the Vehicle or its use during the Lease Term. You will
and operating order. You agree to service and repair the also pay all taxes that are charged to Lessor by reason of
Vehicle according to the maintenance program required by its interest in the Vehicle except for taxes based on net
the manufacturer of the Vehicle and to ensure that the income. The Vehicle will be licensed, titled and registered
warranty, if any, remains. valid. You agree to comply with as directed by Assignee. You agree to pay all license, title
all manufacturer ‘recall notices You also agree to pay. the and registration costs, and other official fees. If you
cost of maintenance, repair and operating expenses. relocate to another state during the Lease Term, you agree
to notify Assignee immediately of such relocation. You. agree
Vehicle Use. You agree to: to re-register and re-title the Vehicle within 30 days of
(1} be the primary driver of the Vehicle. You may not allow relocating or within applicable statutory limits, whichever
anyone else to operate the Vehicle other than household is less. You agree to pay ali re-registration and: re-titling costs
members on an incidental basis, who reside at the and fees in that state, and any late fees, penalties or other
garaging location (provided that both you and such fees incurred due to failure to re-register and/or re-title the
household members are properly insured and maintain Vehicle.
a valid unrest

Case Info

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Pulskamp, Gregory Track Judge’s New Case

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Document Filed Date

January 12, 2024

Case Filing Date

January 12, 2024

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No Value: PORSCHE LEASING LTD. ET AL VS SWEET BEAST DESSERTS, INC. A CALIFORNIA CORPORATION ET AL

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