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9 | MACDOWELL & ASSOCIATES, LTD.
Todd A. MacDowell, Esq. Bar No. 170651
3636 Birch Street, Suite 290
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Newport Beach, California 92660.
4 || (949) 756-8114
5 || Attorneys for Plaintiff
CA DFPI License: 10261-99
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
9 LONG BEACH-UNLIMITED CIVIL JUDICIAL DISTRICT
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TD Bank, N.A. ) CASE NO:
14 Plaintiff )
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42. ) COMPLAINT FOR MONEY
| vs. ) 1. BREACH OF CONTRACT
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44 || Rachel Gonzaga, ) DEMAND: $41,467.69
and DOES 1 through 10, ) UNLIMITED CIVIL MATTER
15 Defendants ) .
16 COMES NOW the Plaintiff, and for the causes of action against the Defendants
17 alleges the following:
48 1. That Plaintiff is unaware of the true names or capacities, whether individual,
49 associate, corporate or otherwise, of Defendants DOES 1 through 10, and therefore sues
20 them by such fictitious names and leave of Court will be asked to insert their true names
04 | and capacities when same have been ascertained.
29 2, Pursuant to CCP 395(b), this Judicial District is the proper venue and jurisdiction
99 of this action because at least one Defendant resides or entered into the contract in the
oA Judicial District.
95 /II
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COMPLAINT FOR MONEY |
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4 3. On July 13, 2020, Defendant executed a written Retail Installment contract for a
5| vehicle with Harbor Chevrolet Corp. A copy of the contract is attached hereto as Exhibit
6] «ar
7 4, Plaintiff, TD Bank, N.A., is the assignee for consideration of Harbor Chevrolet
8 Corp.
g 5. Within four years of the filing of this action, Defendant breached the contract by
10 | failing to uphold the covenants regarding use, timely payment of all sums due for
11 | monthly installments, late fees, interest, insurance, excessive mileage and/or excessive
12 | depreciation.
13 6. Plaintiff has performed as required pursuant to the contract and law to entitle it to
14 | bring this action.
15 | 7. The balance owing on the contract after applying all proper credits is $41,467.69.
16 | Plaintiff has made demand upon Defendant for payment of this balance, but Defendant
17 || has refused to pay. Plaintiff has been damaged by Defendant’s breach and failure to pay
18 | this amount.
19 WHEREFORE, Plaintiff prays for judgment against Defendant for the damages of
20 || $41,467.69, and as permitted by law and contract: interest from November 24, 2021,
21 || costs and attorney's fees. oe
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23 MacDowell & Associates, Ltd.
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March 15, 2024 Kapaa aR
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Attorneys for Plaintiff
26 BY: Todd A. MacDowell, Esq: |
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COMPLAINT FOR MONEY
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6 VERIFICATION |
° I, the undersigned say:
I have read the forgoing COMPLAINT FOR MONEY and know its contents.
9 I am one of the attorneys for the Plaintiff in this action, TD Bank, N.A.
10 | This party’s corporate officers are not local to and are absent from the county of aforesaid
11 | where such attorneys have their offices, and I make this verification for and on behalf of
12 1 that party for that reason. Based on a review of Plaintiffs records, the matters stated
13 | therein are true.
‘4 | Executed on March 15, 2024 at Newport Beach, California 92660.
| I declare under penalty of perjury that the foregoing is true and correct.
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18 MacDowell & Associates, Ltd.
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20 fo ?
20 BY: odd A. MacDowell, Esq.
21252142661
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COMPLAINT FOR MONEY
boas ‘RETAIL INSTALLMENT SALE cone SIMPLE.FINANCE CHARGE (WITH ARBITRATION PROVISION) ~
30 N/A 48
Desler Numbor __________.._ Contract Number _________ R.0.S, NumberNA StockNuno ee
Het
‘ ‘[atyer Noma and Address ~ Co Buyer Name and Address Sollar-Craditor (Name and Addrasa)
voce aoWenaee {netuclng County and Zp Code) HARBOR CHEVROLET CORP.
‘ 377@ Cherry Ave
3820 £, 56TH ST ‘+! Long Beach,Hy CA 90807 :
PEX“RABe LEG 92272
You, the Buyer (and Co-Buyar, if may buy the vehicla below for cash or on credit. By signing this contract, you choose lo buy the vehicle on cradil under the agreements
on thefon ar back of rade grea to pay the Seltar - Creditor (Gomotines toe or ee inthis ral Amour Financed and Finance Charge in US. funds
according to the paymont schedule below. Wa will figure your finance charge on a dally basis, The Truth-In-Lending Disclosures below ara part of this contract.
* Trew Make : , "
: ~| Used} Year and Mods! Odometer » Vehicle Identification Number Primary Use For Which Purchased
zeig
pose [2008
CHARGER
“-aa,71¢ | 2cacbxeaxgHi72949.
: .
"-~‘| Cbusinessoreommonial
Pricgncnareine
FEDERAL TRUTH-IN-LENDING DISCLOSURES - ‘ones ATEMENT OF INSURANCE
ANNUAL FINANCE .{ Amount “Total of Total Sale parson a6 a oo ng
PERCENTAGE | CHARGE Financed Payments Price «|_ hepurchasool qr ligeopucase oreo a
RATE ‘The dollar ‘The amount of The amount you | Tho total cost-of broker. You Te ot equied Yo buy compar Apert
Their crcoat ofas amountay {he
wil
cred you
provided
or
~ | wilfou havo patd alter
have mada
your purchase on
credit,
obla eoaYeut dacion
1
Yo bupapproval
Or nl buy eer a sasuaton
yyenty rate. coat you. on your behalf, ’ Payments ag
6 your.down . Wi not be a latornthe cre . proces,
5.79 | 8,628.45
»
|463ae,.79 | sasce.24
eduled,
cia
ih .
n/n Vehicle maa renin
nn 0) $ nO) | $— (9) | $$ Saag DoiGae FORT eS ae
fa) moans an cela} | $ — bad. os ths. §
_ |_YOUR PAYMENT SCHEDULE WiLL BE: Oe pesiyiy 8 wing win, 02
Popeyes NTS ings 74
One Payment 0.00 i n/a 4 veer? 2 NTA yg, ¢ NTA
a
RNB egg IA
: UNLESS & CHANGE 16 WCLUDED IN THIS AGREEMENT FOR
‘One Payment : ° PUDLIG LIARILITY OF PROPERTY DAMAGE SURANCE, PRET :
2.90 N/a FOR SUCH COVERAGE IS NOT PROVIDED BY THIS AGREEMENT,
“ ‘You may buy the physical damage Insurance thie conucl require
Monthly beginning . ' item oxwe you choose Wha ES di (o us. Ye
we el gelled
n ; 763.42 08/12/20 - ona ey Dba ony abet nu Coen ee ”
a 4 | Co-BuyerX LY
. . 5
Late Ghanps. fpaymant is not reooivad In tulle 10 drys afer itis dus, you wil pay a tate charpd ol 9% al he partol tha payment thalislaie, YF OPTIONAL DEBT UAMCELLATION AGREEMENT, A debt
Prepayment Fe a ee airimum Branca char, . : canvellation ngioamdn t6 nol roqulted fo obtain cred and will
‘Socurlty inlarest. You aregiving a security interest in tno veticlo being purchased, . . not be provided unless you algn bolow and aproa {9 pay the
AddiUond! iformadlons Seo Bis oonacl for more laformaton Including inleemation about nocpaynient, dala, any required repayment in fubbeforn xtra charga.[I you choogo‘olay dbl concal,a charge
tho echodulad
data, enfnimura franco charges, ard securty Literal, iashownin tem 1K of the temization
of Ammunt Finaoed, 688
. = “your debt cancaliatidn agroomen! for datas on the’ terms and
ITEMIZATION OF THE AMOUNT FINANCED (Sailer may kogp pairt of the amiounts pak locthern) = = J+ | conditions# provides. Iisa pare comma.
14, Total Ceah Price : ce empate pets 4 Term 22 _.tos.
‘e+e. How late payrienié-or'early payments change,what you.” v7" ” |. thé sale js got enough. pay tHe amiount’you, owe; You ~
, ” must pay. We baged the Financa Charge, Total of ° ‘"" ‘rust pay the rest to tus. If you do nol pay this amount when
. .« Payments, and Total Sata Price shown-on the font onthe =~ we ask, we may charge you Inlerest at the Annual
: : +. assumption that you.will make every paymant.on the dayt ..,.. +... Percentage Rale shown on-the face.of-this eantract, not to
. is-due. Your Finance Charge, Totalof Payments, and Total;~ 7.7" .,),7 > exceed'ihe highest'rate permitted ’by law, until you pay."
. Sale Price will be more if you pay late and lass, you pay. s+. 0 gs. What we may do about optional insurance, main-
. early, Changes may take the form of a larger or smallarfingl:: .. -.' . .. tenance, sarvicg, or other contracts, This contract may
. payment or, at our option, mote or fewer payments of the | +; contain charges for optional, Insurance; maintenance,
same amount as your scheduled payment wilh a.smaller - service, of other contracts. if we demand that you pay-all
* final payment. We will send you a notice. telling. you Abou! “ : 7. 5, youdwe.al. onte or wa repossess: the, vehicle, you.agree - .
_ = ‘these changes before the final scheduled payment(s due.. °° °°.’ ;that we .may claim benefits Gindar these contracts-and ~~
d.- “You moy-prepay. You may prepay.all or part of (he unpaid “- - >. . -cancel them ‘to ‘obtalri refunds of uneamed charges “to *,
' part of the Amount Financed at any-time. Ityoudosoy you’. * "+. ‘reduce what you owe of repair tlie Vehicle.If the vehicle Is -
| * * must pay the’ earnad and unpaid part of the,Finance” “ *” ;-- »,°” a total loss.because it.Is.oonfiscated, damaged, or étolen, «.,
. > Charge-and all other.amounts due up'to the. dateof your". .."/. .° "We 'may claim benefits: undar:these contracts’ and cancel -
payment As of-the-date of your payment, if the minimum =~ them to obtain-refunds-of uneamad charges to feduce.what™
finance charge fs grealer than the earned Finance Charge, "- «> °' «youowa, + 7": tobe
you may be charged the Uilerance; the ‘minitnum ‘finance Hee
ne eee aURnE REGEN EEEEEEEEEEEEEEEEEEresand
: charga-Is as follows: (4) $25 H the, original Amount . 4. WARRANTIES ‘SELLER DISCLAIMS we, .
Financed does ndt exceed $1,000, (2) $50 If the original... , IR youl do not get d written warranty, and the Seller does not
., Amount Financed is-more than $1,000 but not,more than , @nter into a. service contract within 80 days fram the dale of
* $2,000, or (3) $75 If the original’ Amount Financedis mora” = ~~* " this"conteact, the Sellar makes no, warranties, express or
: than $2,000, ' «a + ‘ . n * [mplled, ‘on the vehicle, and there will.be no Implied
emt . Warranties (of;merchantabllity or of fitness for # particular
2 ‘YOUR OTHER PROMISESTOUS ! os . purpose,
a. If the vehicle Is-darnaged, destroyed, or missing. You, .,° This.provislon, does not alfact any warranties covering the
agree to pay us all you owe under,this-cofitract eyan-ithe «, .--" vehicle that the vehicle manufacturer may provide. Ii the Seller
~ vehicle is damaged; destroyed, or missing., 7-.°.).. -. t's"! has sald. you" @ certitied used vehicle, the warranty of
. GAP LIABILITY NOTIGE SL .fnerghantabitity Is not disclaimed, :
In the event of thelt of damage ‘to your yetiicle ‘thal a RS A CE A
: results in a total loss, thare maybe a gap belween'tha |: “ ; Used-Car Buyers Guide, The information yontee on the
. | amount you owe under this contract and thé proodeds | ‘!' ‘Window form for this vehicle ts part af this contract,
: of your insurance settiemant and deductible, THIS | Information on the” window form overrides any contrary
- + +
CONTRACT PROVIDES THAT YOU ARE LIABLE FOR | " —_* provisioyia In the contract of gale, .
| THE GAP~AMOUNT, An optidnal debt cahcallation | ~" ~ ‘Spanish Transtation: Guis.para compradojes.de.vehiculos ..
oagreement torcdverigé of the gap amount-may be-|*.>. ueadds. La informacion que ve en el formutario de Ja
offered for an’edditionelcharge. . . aa ‘ ventanitia para este vehfculo forma parte del presante
eo, ~ ~ - Srieeerireenceeni—d, ' ) contrato. La informactén dal fonnulario de fa ventaniila doja
+b. Using the vahicte, You-agree not to ramove..thé vetiicle “) ...) etn, efacto toda diaposicién en contrario contenida en el
voc. from the U.S, or'Gariada, or to sell, rent, lease; or transfer. == .s- — contrato de venta., . ys
- ahy intetest "in ‘the ‘vehicle or this ‘contract Without (Ut = 7 6 ¢ pm mene nine”
+ "2 writen permisston..You-agres not to expose, the Vahiéia ts...” 6., SERVICING AND COLLECTION CONTACTS ©... -. |. es
.,. misuse, ealzure, confiscation, or Involinlary Wansfar, we "| You, agree that we may try to contact you,|n writing, by e-mail,or .
* pay any repair bills, stofage bills, taxes, fines, orcharges on > using preracorded/actilicial volce massages, text messages, and
+ the vehicle, You agree to repay the amount when weaskfor “ —_aulomatic telephone dialing systems, as ‘ha law allows, You also
tow ART tt . aca . agree that we may try to contact-you in these and other ways at
co. Security interest: .° * pa BEE et ' “any address or.telephone number you provide us, even It the
*. You'give usa-security Inlerestin: © * . .. - + {elaphone number is 4 call phone number or the contact results
» “The vehicle and all parts or goods put oni; 3 os +> In acharge'to you, You agrao-that you will within o reasonable
» Ail money or goods -recalved (proceeds)}:tor.the. . ° =.\'time-notity us of any. change. In your name, oddress, or
vehicle; * . ere tas sehr te it amploymant, , rote Me te
+ # Allinsurancd, maintenance, service, of other contracts 1 |” epee
we finance for you; arid ' “7 APPLICABLE LAW ': : . 7
. - _.°% , Allproceeds trom insurancs, maintenance, service, or , Federal law and California law apply to this contract. It any part
. * atha¥ contracts we finance.for you. This Inclidas any”. of this contfact is not valld, all clhar parts stay valid. We may
' ‘ jefuntis of premitims or charges {rdm the contracts. ©" ° delay or refrain from enforcing any of our rights under this”
This secures payment of. all you owe on this contract. it contract ‘without losing them: For. example; we may extend tha
+++ = + -atso secures-your other agreemenlain this contract asthe. +, — time for-making some payments. without extending-the.time for
._ lay allows. You will make sure the tila shows our security, . making others, oe ke we 2
: . « Interest (lian).in the vehicle, You will mot allow amy Uber | mr
security Interest
to be placed on the tile without ourwrittan = 'B, ‘WARRANTIESOF BUYER’ . - =, ~
permission. vaee “" You'promise you have given true and correct information In your
d. Insurance you must have on the vétilete, - ort ‘application for cradit, and you have no knowledge that wil! make
. You agree.to have physical damage Insurance covériig.. - . that Information untrue in the future, We-have relied.on.the truth
. +; loss of or damage to the vehicle for the term of this..- and accuracy of that information in entering ‘into this contract.
. contract. The insurance Must cover our interest in the =. «Upon request, you will provide us with documents and other
m vehiclé, If you do not have this insurance,-we may, if we" - .. ° -information necassary to verify any item contained In your credit
* choose, buy physical damage. insuranca; It-we,decide'to: +. --. application, 2.” . co
. + buy physical’ damage insurance, we may either buy cnt
insurance that.covers yaur interest and. our'interest in the ~< > You waive the- provisions of Calif, Vehicle Code Section 1808.21 and
vehicle, or buy Insurance that coveis only our interest.ifwe . authorize the.California Department of Motor Vehicles.to fumish your
buy elthar type of Insurance, we will tell you which type and residence address tous, . ot
. the charge you must pay The charge will be the premiuny 0 + eee
. for the Insurance and a finance charge computed at the’: - ~ ++ * GHEDIT DISABILITY INSURANCE NOTICE -
Annual Percentaga:Fiate shown on the front of this contract - “. th + | GLAIM PROCEDURE oa
on + of, al our option, the highest rate the faw permits, tithe -. IFyou become disablad, you must tell us right away, (You are advised
Ls vehicle Is lost of damaged, you agree that wa may.use any -. to send. this information to.the same address to which you are
. insurancé settlement fo reduce what you owe or fepalr the’ normally required to send your paymenis, unless a.different address
vehicle. . . . _ oF talaphone number is given to you In writing by us as the location
e. What happens to returned insurance, maintenance, ° where we would like to be nolilied.) We will tall you where to get claim
7 service,.or other contract charges. If we geta-relund of forms. You must send in the completedorm to the insurance company -
insurance, maintenance, service, or other contract - as soon-as.poasible and tall ue as soon as you do. a
charges, you agree that wa may subtraol the refund from =. your disability |nsurance covers all of your missed payment(s), WE
soe what you owe, : ' an CANNOT. TRY TO COLLECT WHAT YOU QWE OR FORECLOSE
A UPON OR REPOSSESS’ ANY COLLATERAL UNTIL THREE
+ 3 {FYOU PAY LATE OF BREAK YOUR OTHER PROMISES + % GALENDAR MONTHS AFTER your first mlesed payment is due or -
a, You may owe late charges. You will pay a late charge on- .. -untlt the: Insurance: company pays or rejects your clalm, whichaver
each late payment as shown on the front. Acceplance of a... .comes first. Wa can, however, try to collect; foractosa, or repossess il -
fate payment or late charga does not excuse your late. ..you have any money due and owing us or are otherwise in defaull
payment
of mean that you may keep making fate payments. When your disability claim is made or if a senior mortgage or lien-
“Ifyou pay late, we may also take ihe steps described below. —* holder Is forectosirig. 7
b. You may have to‘pay all'you owe at once. If-you-break {f the insurance company pays the clalm within the three calendar
. your promises (default), we may demand that you pay all: —. months; we must accep! lha money as thought you paid on time, |f the
you owe on this contract at once, subject to any-right the Insurance company rojacts theclaim within
the three calendar months
. law gives you to reinstate this contract. . or accepts the claim within the three calendar months on a partial
* Defnuli means: : ‘ _ disability and pays fess than fora total.disabilty, you will have 35 days
-** + You do not pay any payment on time; “« * from the date that tha ‘rejection or the acceptance of the partial
‘ «You give falsa, incomplete, or misteading Information - disability claim is sent to pay past due payments, or'the differénce
on a creait application; * 3 9 between-the past dua payments and whal ihe insurance company
* You start a proceeding in bankruptcy or one js started ¢ pays for, the partlal disabllity, plus late charges. You can contact us,
ae . against you of your property; . : Le and we will tell you how much you owe. After thal fime, wa can take
. * The vehicle is lost, damaged or destroyed; or . ‘action to collact or foractose or repossess any collaleral you may have *
* You break any agreements in this-contract? * te" glen. 2 te, . .
The samount you will owe will be, the unpaid part of he. - ‘if the insurarica company accepts. your claim but requires that you
. Amount Financed-plus the earned and unpaid-part.of,the- . send in additional forms to ramain eligible for conlinued payments;
Finance Charge, any fate charges, and any-amounts due | you-should send in these completed additional forms no tater than
. because you' defaulted, ‘ cutters fequired. If you do niet send In these forms on time, the insurance
. cs. You may have to pay collection costs. You will pay - * company nial stop paying, and we will then be able to take action to
. ‘+ pur‘raasonable- costs to colfecl what you owe, including . _, collact or farectose-or repossess any collateral you may have given,
atlomney
pald for 1988,
other Sourt
reasonable costs, collention
collection featYou agrea
efforts. foes,and
to. payfees.)
a: -|-.” Sane oe, agiegs * Sailers
mean Right to Cancel
tabeel st nlve. . Selleragreds to deliver the vehicla to you on the date this contract
: charge nok to excead $15 it any check, you ave to is is ye is signet by Sele ane you You understand that may takesate ‘
r
d. We may take the vehicte fram you. ff you default,ie wayi may ime