On December 26, 2023 a
Complaint,Petition
was filed
involving a dispute between
Ally Bank,
and
Andrade, Justin,
Does 1 Through 10,
for Other Collections $10,000.01 - $25,000 Limited
in the District Court of San Bernardino County.
Preview
"
ELECTRONICALLY FILED
-
BurStem’ .SBN 175309 SUPERIOR COURT OF CALIFORNIA -
Ardeln COUNTY 0F SAN BERNARDINO
Van 00E'em 815 ASSOCIat§S LLP SAN BERNARDINO DISTRICT
6565 Sunset B1vd., Sulte 412
Hollywood, CA 90028 ,
12/26/2023 11:20 PM
Tel. (323) 993-0500 . .
Fax (323) 993_ 0501 By: Kallska Montlcue-Castro, DEPUTY
Email: aburstein@vandc. net
Attorneys. for Plaintiff, ALLY BANK, a corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
(SAN BERNARDINO DISTRICT)
C'VSBZ333169
ALLY BANK, a corporation CASE N0.
10
Plaintiff, LIMITED CIVIL CASE
11
vs. COMPLAINT FOR (1) CLAIM AND
12 -
-
DELIVERY OF PERSONAL PROPERTY,
JUSTIN ANDRADE, an individual; FOR PRE—TRIAL WRIT OF
13 DOES lkthrough 10, inclusive, POSSESSION, AND ORDER '
DIRECTING TRANSFER OF PERSONAL
l4 Defendants. PROPERTY AND RESTRAINING
ORDER, AND (2) MONEY DUE ON A
'
15 _
CONTRACT
16 (AMOUNT DEMANDED EXCEEDS
$ 10,000)
17
18‘ Forx‘causes of action against defendants, and each of them, plaintiff
19 ALLY BANK, a corporation (hereinafter referred to as “_P1aintiff”), complains
I
20 and alleges as follows:
:
21 FIRST CAUSE OF ACTION ‘
22 CLAIM AND DELIVERY OF PERSONAL PROPERTY
A
23 (Against All Defendants)
I
24 1. At all times herein mentioned, Plaintiff was and now is a Utah
25 corporatidn, and was and now is duly qualified t6 do business in the State of
26 California.
27 2. _
Defefidant DOES 1 through 10, inclusive, are sued herein under
28 such fictitious names for the reason that their true names and capacities are
- 1-
COWLAINT FOR CLAIM AND DELIVERY
unknownzto Plaintiff; Wheh théir true identities and capacities are ascertained,
Plaintiff ngill pray leave of the Court to amend this complaint.
3.
_
The action herein is subject to the provisions of Civil Code section
.p 2984.4.
4.
‘
The action is brought in this Court for the reason that the
\IONM
contract, Which is the subject of this action, was entered into within the
I
jurisdictianal area of this Court.
I
5. Plaintiff is informed and believes and thereon alleges that each .
defendant named herein is responsible for the conduct and damages herein
10 alleged, ats, among other things, the agent, princip'al, co—partner, and alter—ego
11 of each other defendant, and is subject to the jurisdiction of this Court for the
12 relief prayed for herein.
13 6. Prior to the commencement of this action, puréuant to an
14 assignment in writing, Plaintiff became and now is the owner of a written
15 Contract (“Contraét”), pursuant to Which Justin Andrade (“Justin Andrade”)
16 purchased from Plaintiff's assignor the subject 2019 Mitsubishi Outlander
'
17 motor vehicle, Vehicle Identification No. JA4AZ3A37KZ039066, and agreed to
18 perform afll of the terms and conditions thereof, including the timely payment
19 of all amounts falling due thereunder to Plaintiff as holder thereof. A true and
20 correct cdpy of said Cori—tract is attached hereto as Exhibit “A” and
21 incorporated herein as though set forth in full.
22 7. ..
At all times relevant hereto, Plaintiff has been, and now is, the
23 holder of ¥a first priority security interest in the motor vehicle. Attached hereto
24 as Exhibit "B" and incorporated herein by this reference is a true and correct
25 copy of tfie California Certificate of Title evidencing Plaintiff’s perfected
26 security interest in the motor vehicle.
27 8.
-‘j
Said Contract is in default in that Defendant Justin Andrade failed
28 to ma\ke the payment due and owing 5/2/2023 in the sum of $330.09 or any
-2-
COMPLAINT FOR CLAIM AND DELIVERY
Document Filed Date
December 26, 2023
Case Filing Date
December 26, 2023
Category
Other Collections $10,000.01 - $25,000 Limited
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" ELECTRONICALLY FILED - BurStem’ .SBN 175309 SUPERIOR COURT OF CALIFORNIA - Ardeln COUNTY 0F SAN BERNARDINO Van 00E'em 815 ASSOCIat§S LLP SAN BERNARDINO DISTRICT 6565 Sunset B1vd., Sulte 412 Hollywood, CA 90028 , 12/26/2023 11:20 PM Tel. (323) 993-0500 . . Fax (323) 993_ 0501 By: Kallska Montlcue-Castro, DEPUTY Email: aburstein@vandc. net Attorneys. for Plaintiff, ALLY BANK, a corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO (SAN BERNARDINO DISTRICT) C'VSBZ333169 ALLY BANK, a corporation CASE N0. 10 Plaintiff, LIMITED CIVIL CASE 11 vs. COMPLAINT FOR (1) CLAIM AND 12 - - DELIVERY OF PERSONAL PROPERTY, JUSTIN ANDRADE, an individual; FOR PRE—TRIAL WRIT OF 13 DOES lkthrough 10, inclusive, POSSESSION, AND ORDER ' DIRECTING TRANSFER OF PERSONAL l4 Defendants. PROPERTY AND RESTRAINING ORDER, AND (2) MONEY DUE ON A ' 15 _ CONTRACT 16 (AMOUNT DEMANDED EXCEEDS $ 10,000) 17 18‘ Forx‘causes of action against defendants, and each of them, plaintiff 19 ALLY BANK, a corporation (hereinafter referred to as “_P1aintiff”), complains I 20 and alleges as follows: : 21 FIRST CAUSE OF ACTION ‘ 22 CLAIM AND DELIVERY OF PERSONAL PROPERTY A 23 (Against All Defendants) I 24 1. At all times herein mentioned, Plaintiff was and now is a Utah 25 corporatidn, and was and now is duly qualified t6 do business in the State of 26 California. 27 2. _ Defefidant DOES 1 through 10, inclusive, are sued herein under 28 such fictitious names for the reason that their true names and capacities are - 1- COWLAINT FOR CLAIM AND DELIVERY unknownzto Plaintiff; Wheh théir true identities and capacities are ascertained, Plaintiff ngill pray leave of the Court to amend this complaint. 3. _ The action herein is subject to the provisions of Civil Code section .p 2984.4. 4. ‘ The action is brought in this Court for the reason that the \IONM contract, Which is the subject of this action, was entered into within the I jurisdictianal area of this Court. I 5. Plaintiff is informed and believes and thereon alleges that each . defendant named herein is responsible for the conduct and damages herein 10 alleged, ats, among other things, the agent, princip'al, co—partner, and alter—ego 11 of each other defendant, and is subject to the jurisdiction of this Court for the 12 relief prayed for herein. 13 6. Prior to the commencement of this action, puréuant to an 14 assignment in writing, Plaintiff became and now is the owner of a written 15 Contract (“Contraét”), pursuant to Which Justin Andrade (“Justin Andrade”) 16 purchased from Plaintiff's assignor the subject 2019 Mitsubishi Outlander ' 17 motor vehicle, Vehicle Identification No. JA4AZ3A37KZ039066, and agreed to 18 perform afll of the terms and conditions thereof, including the timely payment 19 of all amounts falling due thereunder to Plaintiff as holder thereof. A true and 20 correct cdpy of said Cori—tract is attached hereto as Exhibit “A” and 21 incorporated herein as though set forth in full. 22 7. .. At all times relevant hereto, Plaintiff has been, and now is, the 23 holder of ¥a first priority security interest in the motor vehicle. Attached hereto 24 as Exhibit "B" and incorporated herein by this reference is a true and correct 25 copy of tfie California Certificate of Title evidencing Plaintiff’s perfected 26 security interest in the motor vehicle. 27 8. -‘j Said Contract is in default in that Defendant Justin Andrade failed 28 to ma\ke the payment due and owing 5/2/2023 in the sum of $330.09 or any -2- COMPLAINT FOR CLAIM AND DELIVERY