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1 LAW OFFICES OF J OHN D. GUERRINI
J ohn D. Guerrini (State Bar No. 190972)
74-710 Highway 111 - Suite 102
Palm Desert, CA 92260
626-485-8660
john@ johnguerrini.com
ATTORNEY FOR PLAINTIFF,
SCP DISTRIBUTORS LLC
[000319]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF KERN
10
UNLIMITED CIVIL CASE, METROPOLITAN DIVISION J USTICE BUILDING
11 )
SCP DISTRIBUTORS LLC, Case No. BCV-23-104164
12
Plaintiff, ) DECLARATION OF J OHN D. GUERRINI
13 REGARDING USE OF COPY OF
vs. CONTRACT
14
DYNASTY POOLS &SPA INC.; C.R.C. § 3.1860
15 MICHAEL SIMS, AN INDIVIDUAL; AND
16
DOES 1-100, INCLUSIVE,
17 Defendants.
18
19 |, J ohn D. Guerrini, declare as follows:
20 1 | am an attorney at law, licensed to practice before all the courts in the
21 State of California, and am the attorney of record for plaintiff herein, SCP
22 DISTRIBUTORS LLC (‘Plaintiff’). | have personal knowledge of the facts constituting
23 the within claim, as set forth herein.
24 2 Attached hereto as Exhibit 1 and incorporated herein by reference is a
25 true and complete copy of the Credit/Business Application and Agreement of
26 Defendants DYNASTY POOLS & SPA INC.; and MICHAEL SIMS, AN INDIVIDUAL
27 (“Defendants”), executed on 01/26/2017.
28
DECLARATION OF JOHN D. GUERRINI RE: USE OF CONTRACT COPY [CRC §3.1806] -1
3 Plaintiff has never maintained on paper the original contract. Instead, it
imaged such document electronically upon receipt and since has maintained in its
computer
the electronic image of the original contract.
4 Plaintiff transmitted its electronic copy to me and my firm and | printed out
the electronic copy that is attached as Exhibit 1, and that is a true and complete copy of
such contract, except that | redacted the debtor's social security number and date of
birth to preserve debtor's privacy rights.
| declare under penalty of perjury under the laws of the State of California that
10 the foregoing is true and correct. Executed on April 15, 2024, at Palm Desert, California
11
12
\ i
13
So
JOHN D. GUERRINI
14
15
For purposes of entry of default judgment,
16
IT IS HEREBY ORDERED that the Clerk of the Court shall use the copy of the
17
Credit/Business Application and Agreement attached hereto as Exhibit 1 in lieu of the
18
original contract.
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20
aoa ---
21
22
JUDGE OF THE SUPERIOR COURT
23
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DECLARATION OF JOHN D. GUERRINI RE: USE OF CONTRACT COPY [CRC §3.1806] - 2
EXHIBIT 1
Branch Name / #_ MV. Barcoresenaza/ ly
a POOLCORP Account # Stal GF
CREDIT/BUSINESS APPLICATION AND AGREEMENT
The below identified business entity {hereinafter “CUSTOMER” is applying to do business with and/or for business
credit from Poal Corporation and its subsidiary entities, as may exist from time to time, including, without limitation,
SCP Distributors LLC, Superior Pool Products LLC, and Horizon Distributors, inc. (hereinafter collectively "POOL").
CONFIDENTIAL
PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION COMPLETELY AND LEGIBLY: Application Date:
Lagot Nome of Business (*CusTomer’} ua, oS by, Pal i Spa
Moiling Address \2.ZON Gare PL.
Ciy_ De Vy oxo fel store Jt_ zip RET County. & ayy.
Street Address If
City State fi County,
Business Phone { ) Business Fox ( ) Dote Business Established
Tox Identification # Business License # Contractor's License.
Type of Business: [1] Retail [1] Construction (Service [J Other: Annual Sales: $ Annual Purchoses: $.
What percentage of your business is; “//)_ % Residential + JL. % Commercial = 100%
Whet percentage of your business is: any % Maintenance/Repair/Remodel * % New Installation +. % Retail = 100%
Business Ownership:-BxtSole Proprietorship CI] Partnership FY Corporation CI tim. tiob. Co. / State of Incorpor n/Formation
- £
Compony Web Site 2i) wwickiyn ost ct BY Email Address SS SY
Accounts Payable Contact_YVA veaX cue Y Nem < Phone
6,6 i) S421 - 27 9G hon |
SALES TAX STATUS
Tox Exempt: [ZTNo [les it yes, 0 valid stole epproved form mustbe submited; o tox will be charged untl submited.) INITIALS
WNERS/P, RYNERS/OFFICERS
Name/Tille Were dere i Sint die ears Nome / Title
Home Address Home Address.
City, State, Zip Cily, Stale, Zip
Home Phone Home Phone
Cell Phone Cell Phone
% of Shores/tnte: rast i 103 . ‘% of Shores/Interest Held
Sociol Security # Social Security #.
Driver's License Mi! so. CA Driver's license # State,
IF MORE THAN TWO OWNERS/PARTNERS/OFFICERS, PLEASE PROVIDE AN ATTACHMENT TO THIS APPLICATION.
*"EGR FRAUD PREVENTION / IDENTITY THEFT PROTECTION, PLEASE ATTACH LEGIBLE COPY OF DRIVER'S LICENSES****
.
BANK INFORMATION
onk Nome Ar £4 STUY Mires City, Stote, Zip.
Bank Officer Account Number Phone { ) Fox { h
POOLCRO! (Rev 5-08) s SUPERIOR Lie
POO! PRODUCTS SCP Horizon Hapt Page 1 of 4
TRADE REFERENCES
1, Name 2. Nome
Address Address
City, Slote, Zip City, Stote, Zip
Phone ( } Phone [ } —s Fox{ }
Fox( }
Name Name
Address Address
City, Stote, Zip City, Stote, Zip
Phone ( ) Fax( ) Phone { } Fox ( )
******PLEASE ATTACH COPY OF LATEST FINANCIAL STATEMENT*****
PERSONAL GUARANTEE AGREEMENT
IN CONSIDERATION OF POOL {OR ANY OF ITS SUBSIDIARY ENTITIES, AS MAY EXIST FROM TIME TO TIME) (HEREINAFTER COLLECTIVELY
“POOL") AGREEING TO SELL GOODS,TO CUSTOMER, I/WE, THE UNDERSIGNED [HEREINAFTER “GUARANTORS"), JOINTLY AND
SEVERALLY, HEREBY PERSONALLY GUARANTEE PAYMENT OF ANY AND ALL AMOUNTS AS MAY BE OWED TO POOL BY CUSTOMER
WHETHER OR NOT SUCH AMOUNTS EXCEED STATED CREDIT LIMITS, AS WELL AS ALL LEGAL FEES AND EXPENSES INCURRED IN
CONNECTION THEREWITH. THIS SHALL BE A CONTINUING UNCONDITIONAL PERSONAL GUARANTEE AND OBLIGATES ME/US WITH
AND TO THE SAME EXTENT AS CUSTOMER, AND THESE OBLIGATIONS SHALL BE BINDING ON THE HEIRS, ADMINISTRATORS,
SUCCESSORS AND ASSIGNS OF THE UNDERSIGNED. IN THE EVENT POOL, FOR ANY REASON (INCLUDING BUT NOT UMITED TO
BANKRUPTCY PREFERENCES) IS REQUIRED TO REPAY OR DISGORGE ANY AMOUNTS RECEIVED BY IT FROM CUSTOMER, THEN THE
ABILITY OF GUARANTORS UNDER THIS GUARANTEE, WITH RESPECT TO SUCH AMOUNTS, SHALL BE REINSTATED. THE UNDERSIGNED
GUARANTORS EXPRESSLY WAIVE NOTICE OF ACCEPTANCE OF THIS GUARANTEE AND PROMPTNESS, PRESENTMENT, DEMAND,
PROTEST, AND NOTICE OF DISHONOR OF THE OBLIGATIONS HEREBY GUARANTEED. WE AUTHORIZE POOL TO OBTAIN ANY
PERSONAL CREDIT INFORMATION ABOUT THE UNDERSIGNED FROM ANY SOURCE, INCLUDING CREDIT REPORTING AGENCIES OR
BUREAUS. THIS GUARANTY SHALL CONTINUE IN EFFECT UNTIL THE UNDERSIGNED HAS NOTIFIED POOL IN WRITING OF ITS
CANCELLATION BUT SUCH CANCELLATION SHALL NOT ALTER ANY OBLIGATIONS OF THE UNDERSIGNED INCURRED PRIOR TO RECEIPT
BY POOL OF SUCH NOTICE. SUCH NOTICE MUST BE SENT VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED TO POOL CORPORATION,
ATIN: CREDIT DEPT, 109 NORTHPARK BLVD., 4TH FLOOR, COVINGTON, LA, 70433.
GUARANTEED BY: » GUARANTEED BY:
49-95 c
LL ALS ads Individually , Individuolly
iSiggatore)
aa
ign}
Print Name clipe. z Dale ZE/L"] Prim Nome Date.
“DO NOT USE CORPORATE OR BUSINESS TITLES WHEN SIGNING THIS PERSONAL GUARANTEE AS THEY ARE INAPPLICABLE”
TERMS OF SALE
lavoices are due Nel 30 doys from the dote of the invoice to customers with opproved credit, unless otherwise specitied on the invoice, and in accordance
with oll other terms ond conditions expressed in the invoice. Any invoice not paid per its terms will be designated as a “Past Due Account,” which con
couse delivery or shipment to be withheld on any new or outstanding orders. Post Due Accounts may be placed on COD. All past due bolances will be
subject 10 a charge of the lesser of 1 72% per month (18% per annum}, or the maximum ollowed by low. All SALES ARE SUBJECT TO THE TERMS AND
CONDITIONS OF SALE SET FORTH OH PAGE 4 OF 4 OF THIS APPLICATION. Buyer cuthorizes Seller to request credit related information from eny source, including
trade references, bank references and/or credit reporting agencies or bureaus and further hereby permit disseminotion of credit information abcut Buyer
from in iting sources and releases Seller from any i lity which may result therefrom. | have read the Terms ond Conditions of Sole and specifically the
WAIVER OF WARRANTIES ond INDEMNITY provisions, which provisions { hareby acknowledge, understand and consent to. The undersigned is duly
‘outhorized to execute this Application og behall of Buyer. Everything stated in the foregoing Application is trye ond correct.
TT Qe
Authorized ‘Signature “S
>
A as
Title
Bue S chat
int Nome_LMichawel Sims Dote / oy et Page 2 of 4
Please Return Completed Application To:
Be aly
POOL INTERNAL USE ONLY
New Customer 1 Information Change ()
scp 3 Superior 1] Horizon [) Account #_L6LeIP¥
Customer Type: [1 Retail RConstruction YA Mointenance/Repair/Remodel LL] Other:
Submitting Soles Center_oJMo _ Sales Center #_c@/e ___Outside Soles #
Comments LE rs CoAT 10)
— Zhen SCP fhe comaourne Pdbotnses 4 PEP
Sales Center Manager Approval Z p= Date thal Credit Limit Requested SQ. 2
[Horizon : CT: PT: ]
CREDIT DEPARTMENT USE ONLY:
Approved q fi aff [7
Terms {oO Credit Limit @2
cenments JAD lw aloo
Page 3 of 4
TERMS AND CONDITIONS OF SALE
GENERAL, Tho xem "SeXe” snot refer 1 Poo! Corporation and As subsaves now existe which may exstin Do hase, ncxsng, witens imsston SCP Discdors, LLC, Sugenot Poo Products, LLC, Honon Dru, ne
‘Too gem Buje sna} mean tt porson or entey excaving ts Crest Busnes Ropleston and Azreemont (ns “Appieaten’, Al sales made by Soser a subset te terms and candtons (tise “Terms and Condtons’ corsaced
thes Appbeation, which shai preval evoe ary inconsistent rms of Buyer's purchase onde or ches Sooxaets, No terms and eondtens mn sy way Sesing o radtyg tesa Terms and Condsons shot be breing upon Soe wriess
ney a0 spootesty avnanzed i wring by Sober’ axnorzed representa. No modtcaton or shea of sa Teams and Condtons aha ret by Sue's shperent ef goods fotozng recast ef Buyer's purchase Och oF oat
ocurrents continng prowsons, terms or condons in addon to, n exetictweh, crincensisiont wih ese Tees and Condtons. Thera are ro tens, condtons, yadersiandings or agreements betwen Sele and Buyer emer an
‘hose stited herein, and 31 prox proposals and negotiations betagen Sele and Bayer are merond hare
‘SECURITY AGREEMENT, FINANCING STATEMENT. ln onde to scoe he promot and comets payment and perfarmance o a ebtgasens herevdet 2d ot cher present and ture cbigatens oned by Buyer to Sete, aching.
‘dod im’sien, 3] amaurts caed for ha pacha price of the Goods purchased hereunds, Byes herthy pledges and grants 0 Sever a cartnung seaiy nicrestin adel Buyers ighs, te and interestin al ementry, eqprert,
aeraunts, assets accounts neenwabio and’ depostery accounts. as wel 3s a} product equipment montory and oner merchandise purchased by Bayes from Sater, whosner any of tha foregoing is now qamed er hush 2oz—C9.
treats of any band reSstng to tho any of tha foregning, and bo proceeds and insxance procoeds tree, Buyer achnowedoes and agrees Ist has Appicaton shat consti a secur apreemere and herehy Bees
Sefer fo a appropnata france stitements, ubich may inchs atacheart of tes Applenion tse, o parka Seer's vecsty evest 3s setfosberen. Upon feof poymont hater, Safe may exestise any rents and
Dikteges avatanie unser apptcadie a, inctung, withou Emiston, af nghis and remedes under the Untorn Commercial Cada, in addon tt ene nghis and remades maladie hereundae, The Unforn Commerast
Coos ef
Sta of Desaare shal gowm tis provision.
PRICES. Pree q.tatons mado by Seer are subject lo cxange witout never. unless ccieraise provided by Seer in wting, ard at quotstons expie and booore ined d net aocepted wen tity (50) days from the date of ssur
‘Aor cnange ni Quartet desinaten may reaul a pren agussTent by Seles, Proe extensors when made are for Buyer's convenience ery. dnd wy. as wel as any mazemasal, senogaphic OF concal entrs. aw abet
correton by Seter, Prien quctatons do ret inchs any Stes, excise oF corer Grverrnantt ta cr charge fuyabla by Sate la federal sate e Weat aabenses. Any tes now or hereater imposed upon sales to Buyer wet be aided
me perchase pace. Buyer agrees to resrburse Seller for any such tac orto provide Sefer wih an acoestabia tar axemyton carfeate At payrrents for Goods mast be made in Unted States cutency wiess spooked awning by
Sevze Payments ef Goods wi bo mods by suck means as Sefer may spect. sixh as by check or wre tansy, provides that Sear may rouse, 8s sto Csereton, payment by any moans, cde, weed EmEatEN, eds CES
DELIVERY. Sexe snot et bo taba or coy or asin dary. Shpmart
ef Goeds ste FOB gored angen reaper ef Ser cases gen eae ln Goods oa eannenexndopentent caer, 9 Baer,
rt. a specited locaton, atwnien ima at ek of oss 1s ranstoned to Buyer. Scter shot nat bo tabia to Buyet for Goods pat are daraged cost wntain ne possession of a commen cane, ad it wi ba Buyer's ressons Baty ts recover
‘ony and at tosses tom damage creat rom the carne, In te event Serer is not using a commen or esspondtrt carer to datver Goods, bis ee detverng sad Goods, Buyer shol provide Sater na locaton to which debvery i
bemade. Buyor hereby autonzes Soter to mak datvery st such locaton wine Buje oF a representatino! Buyer beng prosect at such keen to phys roca, oF sign fr, said Goods, and Buyer acknow'edges at yon sen
every, Soler shot ba deerrod to hava "olvered” said Goods oF tonaen “endved delvery ol said Goods and Buyer shal be doomed to bain roost of said Goods’ at which tea al nck efoss tasters to Buyer. Once Soice dotvers
‘sad Goods to tw spocted locaton, even if Buyer oF arepresentaive of buyer i rot present, Buyer shsl assume fl responsibilty for be Goods, and under na croumstvco shal Sever bo Esbie to Buyer for Goods mat ae daro7ed
‘orlost whi at such locaton. Serer docs nol insuro shipmcets beyond tye pont of delvery to cameron ex independent eaets cet a speofed locaton, as the case may bs. For packing and shipping convenience, @inl be neoessxy
foshp cersn dems urasserived, Resssembly of such oquiprients he sole responsbity ef Bayer, AL quctatons and agreements are subject ta delay caused by tae hopponing of sorta exert bayond Salers reasons corsa,
scekstng. bi net Lind ®, governor acton, ss oF eter bor tobi, fe, corage 8 cten cf goods, manures storages, cabtty bin metas, Nels or Serpe, acs Of God or any eter erozmstiree
wnassoover beyond Seles corto
oN SELLATIONSAND RETURNS Ondors for Goods or pars of spec sign, size or manasa not sbjoc ty eancefaten, and ary refs to acon Saat of nase procs wi result ferfonre of any depose) reonhed by
Seles. ane at tegnt charges soled wi bo eroend io tw Buyer, No Godt for Goods etaned by Buyer shat be gen wiht Severs arson chonuaton. Aliokams sre subtct to arestodhng chsegn, No dsm for shortage
of Goods
‘er Carriage to Goods shat bp alowed urtess Buyes, th fire (5) days ar reor'gt of shomert ges Sater witen roton ofthe chit for shocage or mage and in such wren nica fly descrbns On shonape andor damage aged
DEFRUAT Buyer artes to pay Seser af costs and expenses of cokzctens,ncksing acnal cass ca find pay ealacrcotecion agency. and svt or ones legal action incutng aca atomeys tees, uhener cated presut OA
‘Fal en appeal,
and at costs of exccaton of any pigment rendored agit Buyer oF in any adsivsvatie proceedings brought by Buyer or en ts baal. Ife rate cf applicable service charge provid for bareln shal extesd ne
mroxirematonnd by appicabie lan, Buys at bo faba for ho macmummrate'sreunt couedby append tsa, Inna cat ctner paty nsences igsren ested to tise Teme and Coodtons or tin sae or ven el Goods, nepates
ese osgrate te federt and stan cout in tho rection where te Sato by Sexe to Buyer oceured as to propee forum sod wisun foe uch Wigaton.
TY BSFORMATION. Buyer ahnontodges tnt Goods sol by Sater may cortan a ss‘ey ntomarion pacage supped ta Monutenrercftne Goods. Bujer agrees pends any such saleyinkormaten tote person or ety
fownom Super 20%, asses or boners the Goods ond to thereughy reve sama wih bem Buyer wil mabe every cfr bans] any "ra dvi’ and che safety Signage as stated ata inser inched in he sstety p99
INDEMNITY. Buyer agrees to dofend and hold Soter harass tom and agsinst any and ot d3ims ol any kind er nate (wtetner based in tor. contact or anenwsa} resting deectly or indrecty trom tm purchase of Goods by Buyee
fran Sefer or tna we or eansuengton of such Goods by any bird pay, as we as I cer cons onacans of Buyers ages, erpojees anda ners acing on és bana oa fs drecton reed ere:>. For vw psposactnis
Provs.on ine term “Setar incses Seley at pare, sibsidary and rested erties, a5 wel 9s ines past, present and Lee cones, draco, agans, employees, asucess and a for whom tiny are responsi
RIGHT OF SET-OFF. Se2er rotons a rept of et to coca om any amour one by Sever to Buyer any aOR OF te reasarabiy von ef any cbigaton (adudng tach cedts and robes) cand by Buyet ta Stier oro Ooeemre
unto Sever
REFORMATION SEVERABLTY. If any parson of tvs Appicaten, oF ts apeleaton to any person or croumstanca, shat at ay Uma oro any estan be held Ewald, egy, cc unentorceabie n any respect as wncen, Sever and Bue:
‘stand Pat such provsen be moded orimied $0.95 t0 render & vaid dnd enforceabie to tie furest extent peoniaed by law. Any suth eravson nt net susnegtbe of such reformsion shat ba ignored $9 a5 net to afect any oer
sranson ct ths Appicaton, ond the remainder ofthis Arptcation shal ret be fected ture ard wach proxson of tis Appleation shal ke vad and enlorceabta to the futest extant peemised by Laer
WAKVER OF WARRANTIES, Goods sold by Soter are warranted and guaranteed onty by ha orginal mancurer cl such Goods to th extent and in ne marver waratied and guyarteed by he motores ALL OTHER
WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OF MCLIED BY OPERATION OF LANYOR OTHERWISE, INCLUDING ALL INEUED WARRANTIES OF REDHBMTION, MERCHANTASILITY, 8 ANFRINGEMENTOR
FITMESS FORA PARTICULAR OR ORDINARY PURPOSE, SELLERS LBLITY HEREUNDER AND BUYERS EXCLUSIVE RERE ES HEREUNDER, EITHER ft CONTRACT OR IN TORT, INCLUDG BUT ROT LINSTEDTO.
FOR BREACHOF WARRANTYCR FOR NEGLIGENCE,ARE EXPRESSLY LIMITED TO THE COST OF THE GOODS SOLO BY GING CREDIT OR REPLACEMENT. SELLER MUST BE GIVEN WRITTEN NOTICE DENT PKG
THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT VATISN TEN (10) DAYS AFTER RECEIPTOF THE GOODS BY BUYER. SELLER MUST ALSO BE GIVEN THE OPPORTUNITY TOINSPECT DEFECTIVE GOODS,
‘AYO IF REQUESTED BY SELLER, THE GOODS MUST BE RETURNED TO SELLER FAILURE TO GIVE REQUIRED NOTE VaTHiN THE TINE PROYOED. OR FALURE TO RETURN EFECTIVE GOODS TO SELLER
Found SELLER'S REQUEST, CONSTITUTES AWANER OF ALL CLAMS AGAINST SELLER. SELLERS RESPONSISLITY 10 GIVE CREDIT OR REPLACEMENT IS LUNTED TO THE EXTENT THAT SELLER IS ABLE TO
(OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER OF SUCH GOODS, BUYER ARO SELLER AGREE THAT SELLER SHALL NOT BE LIASLE DIRECTLY OR INDIRECTLY FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR IND:REGT DAMAGES IN ANY WAY ARISING FROM THE SALE, HANDLING, INSTALLATION OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS
AGREEMENT tes Buyer'stespoasdity to ensice fat the Goods ae the enas tatithas requested and tut specfeatons
and quantres are conect. SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSSUTY
AND WARRANTIES THAT GOODS CONFORM TOANY SPECIFICATIONS, DRAWINGS, DESIGNS, OR SAMPLES,
Recost or acnaptsnce ofthis Applicaton by Seter does not guaranty hat cect wl bo extended. Safer resonves ta righ tore to extend ced and to modty oe temaste ccd! winin ts 400 Esereton Buyer fis ta coms win
‘tres Tens ard Condtons, ort Buyer's crt becomes unsasstactxy in Sezr's sole Gscreton Setor reserves Bw rofl ta teminate cr restct ary order upon note fo Buyee, Buyet cares Pati is sobvent and tute wit erredasey
sone Seierd abecomes nschent. Buyer ag 00s 10 tend Sener writen noten of ony cranges in ho rare, a68¢ss, lam of ganesship sta Clorganizaten or taxidecsfcason number ck Buyer wizin fro (5) caysef uch changes Such
‘changes may reqate Buyer to submt an updated Aopleaton. Buyer and Sater aer00 and intend thst thro an ro Bid Sy benafcavies lois Agreement and that Buyer and Seer are the sale intended boeefeies ef Ris Agreement
Page 4 of 4
Preview
1 LAW OFFICES OF J OHN D. GUERRINI J ohn D. Guerrini (State Bar No. 190972) 74-710 Highway 111 - Suite 102 Palm Desert, CA 92260 626-485-8660 john@ johnguerrini.com ATTORNEY FOR PLAINTIFF, SCP DISTRIBUTORS LLC [000319] SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF KERN 10 UNLIMITED CIVIL CASE, METROPOLITAN DIVISION J USTICE BUILDING 11 ) SCP DISTRIBUTORS LLC, Case No. BCV-23-104164 12 Plaintiff, ) DECLARATION OF J OHN D. GUERRINI 13 REGARDING USE OF COPY OF vs. CONTRACT 14 DYNASTY POOLS &SPA INC.; C.R.C. § 3.1860 15 MICHAEL SIMS, AN INDIVIDUAL; AND 16 DOES 1-100, INCLUSIVE, 17 Defendants. 18 19 |, J ohn D. Guerrini, declare as follows: 20 1 | am an attorney at law, licensed to practice before all the courts in the 21 State of California, and am the attorney of record for plaintiff herein, SCP 22 DISTRIBUTORS LLC (‘Plaintiff’). | have personal knowledge of the facts constituting 23 the within claim, as set forth herein. 24 2 Attached hereto as Exhibit 1 and incorporated herein by reference is a 25 true and complete copy of the Credit/Business Application and Agreement of 26 Defendants DYNASTY POOLS & SPA INC.; and MICHAEL SIMS, AN INDIVIDUAL 27 (“Defendants”), executed on 01/26/2017. 28 DECLARATION OF JOHN D. GUERRINI RE: USE OF CONTRACT COPY [CRC §3.1806] -1 3 Plaintiff has never maintained on paper the original contract. Instead, it imaged such document electronically upon receipt and since has maintained in its computer the electronic image of the original contract. 4 Plaintiff transmitted its electronic copy to me and my firm and | printed out the electronic copy that is attached as Exhibit 1, and that is a true and complete copy of such contract, except that | redacted the debtor's social security number and date of birth to preserve debtor's privacy rights. | declare under penalty of perjury under the laws of the State of California that 10 the foregoing is true and correct. Executed on April 15, 2024, at Palm Desert, California 11 12 \ i 13 So JOHN D. GUERRINI 14 15 For purposes of entry of default judgment, 16 IT IS HEREBY ORDERED that the Clerk of the Court shall use the copy of the 17 Credit/Business Application and Agreement attached hereto as Exhibit 1 in lieu of the 18 original contract. 19 20 aoa --- 21 22 JUDGE OF THE SUPERIOR COURT 23 24 25 26 27 28 DECLARATION OF JOHN D. GUERRINI RE: USE OF CONTRACT COPY [CRC §3.1806] - 2 EXHIBIT 1 Branch Name / #_ MV. Barcoresenaza/ ly a POOLCORP Account # Stal GF CREDIT/BUSINESS APPLICATION AND AGREEMENT The below identified business entity {hereinafter “CUSTOMER” is applying to do business with and/or for business credit from Poal Corporation and its subsidiary entities, as may exist from time to time, including, without limitation, SCP Distributors LLC, Superior Pool Products LLC, and Horizon Distributors, inc. (hereinafter collectively "POOL"). CONFIDENTIAL PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION COMPLETELY AND LEGIBLY: Application Date: Lagot Nome of Business (*CusTomer’} ua, oS by, Pal i Spa Moiling Address \2.ZON Gare PL. Ciy_ De Vy oxo fel store Jt_ zip RET County. & ayy. Street Address If City State fi County, Business Phone { ) Business Fox ( ) Dote Business Established Tox Identification # Business License # Contractor's License. Type of Business: [1] Retail [1] Construction (Service [J Other: Annual Sales: $ Annual Purchoses: $. What percentage of your business is; “//)_ % Residential + JL. % Commercial = 100% Whet percentage of your business is: any % Maintenance/Repair/Remodel * % New Installation +. % Retail = 100% Business Ownership:-BxtSole Proprietorship CI] Partnership FY Corporation CI tim. tiob. Co. / State of Incorpor n/Formation - £ Compony Web Site 2i) wwickiyn ost ct BY Email Address SS SY Accounts Payable Contact_YVA veaX cue Y Nem < Phone 6,6 i) S421 - 27 9G hon | SALES TAX STATUS Tox Exempt: [ZTNo [les it yes, 0 valid stole epproved form mustbe submited; o tox will be charged untl submited.) INITIALS WNERS/P, RYNERS/OFFICERS Name/Tille Were dere i Sint die ears Nome / Title Home Address Home Address. City, State, Zip Cily, Stale, Zip Home Phone Home Phone Cell Phone Cell Phone % of Shores/tnte: rast i 103 . ‘% of Shores/Interest Held Sociol Security # Social Security #. Driver's License Mi! so. CA Driver's license # State, IF MORE THAN TWO OWNERS/PARTNERS/OFFICERS, PLEASE PROVIDE AN ATTACHMENT TO THIS APPLICATION. *"EGR FRAUD PREVENTION / IDENTITY THEFT PROTECTION, PLEASE ATTACH LEGIBLE COPY OF DRIVER'S LICENSES**** . BANK INFORMATION onk Nome Ar £4 STUY Mires City, Stote, Zip. Bank Officer Account Number Phone { ) Fox { h POOLCRO! (Rev 5-08) s SUPERIOR Lie POO! PRODUCTS SCP Horizon Hapt Page 1 of 4 TRADE REFERENCES 1, Name 2. Nome Address Address City, Slote, Zip City, Stote, Zip Phone ( } Phone [ } —s Fox{ } Fox( } Name Name Address Address City, Stote, Zip City, Stote, Zip Phone ( ) Fax( ) Phone { } Fox ( ) ******PLEASE ATTACH COPY OF LATEST FINANCIAL STATEMENT***** PERSONAL GUARANTEE AGREEMENT IN CONSIDERATION OF POOL {OR ANY OF ITS SUBSIDIARY ENTITIES, AS MAY EXIST FROM TIME TO TIME) (HEREINAFTER COLLECTIVELY “POOL") AGREEING TO SELL GOODS,TO CUSTOMER, I/WE, THE UNDERSIGNED [HEREINAFTER “GUARANTORS"), JOINTLY AND SEVERALLY, HEREBY PERSONALLY GUARANTEE PAYMENT OF ANY AND ALL AMOUNTS AS MAY BE OWED TO POOL BY CUSTOMER WHETHER OR NOT SUCH AMOUNTS EXCEED STATED CREDIT LIMITS, AS WELL AS ALL LEGAL FEES AND EXPENSES INCURRED IN CONNECTION THEREWITH. THIS SHALL BE A CONTINUING UNCONDITIONAL PERSONAL GUARANTEE AND OBLIGATES ME/US WITH AND TO THE SAME EXTENT AS CUSTOMER, AND THESE OBLIGATIONS SHALL BE BINDING ON THE HEIRS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS OF THE UNDERSIGNED. IN THE EVENT POOL, FOR ANY REASON (INCLUDING BUT NOT UMITED TO BANKRUPTCY PREFERENCES) IS REQUIRED TO REPAY OR DISGORGE ANY AMOUNTS RECEIVED BY IT FROM CUSTOMER, THEN THE ABILITY OF GUARANTORS UNDER THIS GUARANTEE, WITH RESPECT TO SUCH AMOUNTS, SHALL BE REINSTATED. THE UNDERSIGNED GUARANTORS EXPRESSLY WAIVE NOTICE OF ACCEPTANCE OF THIS GUARANTEE AND PROMPTNESS, PRESENTMENT, DEMAND, PROTEST, AND NOTICE OF DISHONOR OF THE OBLIGATIONS HEREBY GUARANTEED. WE AUTHORIZE POOL TO OBTAIN ANY PERSONAL CREDIT INFORMATION ABOUT THE UNDERSIGNED FROM ANY SOURCE, INCLUDING CREDIT REPORTING AGENCIES OR BUREAUS. THIS GUARANTY SHALL CONTINUE IN EFFECT UNTIL THE UNDERSIGNED HAS NOTIFIED POOL IN WRITING OF ITS CANCELLATION BUT SUCH CANCELLATION SHALL NOT ALTER ANY OBLIGATIONS OF THE UNDERSIGNED INCURRED PRIOR TO RECEIPT BY POOL OF SUCH NOTICE. SUCH NOTICE MUST BE SENT VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED TO POOL CORPORATION, ATIN: CREDIT DEPT, 109 NORTHPARK BLVD., 4TH FLOOR, COVINGTON, LA, 70433. GUARANTEED BY: » GUARANTEED BY: 49-95 c LL ALS ads Individually , Individuolly iSiggatore) aa ign} Print Name clipe. z Dale ZE/L"] Prim Nome Date. “DO NOT USE CORPORATE OR BUSINESS TITLES WHEN SIGNING THIS PERSONAL GUARANTEE AS THEY ARE INAPPLICABLE” TERMS OF SALE lavoices are due Nel 30 doys from the dote of the invoice to customers with opproved credit, unless otherwise specitied on the invoice, and in accordance with oll other terms ond conditions expressed in the invoice. Any invoice not paid per its terms will be designated as a “Past Due Account,” which con couse delivery or shipment to be withheld on any new or outstanding orders. Post Due Accounts may be placed on COD. All past due bolances will be subject 10 a charge of the lesser of 1 72% per month (18% per annum}, or the maximum ollowed by low. All SALES ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE SET FORTH OH PAGE 4 OF 4 OF THIS APPLICATION. Buyer cuthorizes Seller to request credit related information from eny source, including trade references, bank references and/or credit reporting agencies or bureaus and further hereby permit disseminotion of credit information abcut Buyer from in iting sources and releases Seller from any i lity which may result therefrom. | have read the Terms ond Conditions of Sole and specifically the WAIVER OF WARRANTIES ond INDEMNITY provisions, which provisions { hareby acknowledge, understand and consent to. The undersigned is duly ‘outhorized to execute this Application og behall of Buyer. Everything stated in the foregoing Application is trye ond correct. TT Qe Authorized ‘Signature “S > A as Title Bue S chat int Nome_LMichawel Sims Dote / oy et Page 2 of 4 Please Return Completed Application To: Be aly POOL INTERNAL USE ONLY New Customer 1 Information Change () scp 3 Superior 1] Horizon [) Account #_L6LeIP¥ Customer Type: [1 Retail RConstruction YA Mointenance/Repair/Remodel LL] Other: Submitting Soles Center_oJMo _ Sales Center #_c@/e ___Outside Soles # Comments LE rs CoAT 10) — Zhen SCP fhe comaourne Pdbotnses 4 PEP Sales Center Manager Approval Z p= Date thal Credit Limit Requested SQ. 2 [Horizon : CT: PT: ] CREDIT DEPARTMENT USE ONLY: Approved q fi aff [7 Terms {oO Credit Limit @2 cenments JAD lw aloo Page 3 of 4 TERMS AND CONDITIONS OF SALE GENERAL, Tho xem "SeXe” snot refer 1 Poo! Corporation and As subsaves now existe which may exstin Do hase, ncxsng, witens imsston SCP Discdors, LLC, Sugenot Poo Products, LLC, Honon Dru, ne ‘Too gem Buje sna} mean tt porson or entey excaving ts Crest Busnes Ropleston and Azreemont (ns “Appieaten’, Al sales made by Soser a subset te terms and candtons (tise “Terms and Condtons’ corsaced thes Appbeation, which shai preval evoe ary inconsistent rms of Buyer's purchase onde or ches Sooxaets, No terms and eondtens mn sy way Sesing o radtyg tesa Terms and Condsons shot be breing upon Soe wriess ney a0 spootesty avnanzed i wring by Sober’ axnorzed representa. No modtcaton or shea of sa Teams and Condtons aha ret by Sue's shperent ef goods fotozng recast ef Buyer's purchase Och oF oat ocurrents continng prowsons, terms or condons in addon to, n exetictweh, crincensisiont wih ese Tees and Condtons. Thera are ro tens, condtons, yadersiandings or agreements betwen Sele and Buyer emer an ‘hose stited herein, and 31 prox proposals and negotiations betagen Sele and Bayer are merond hare ‘SECURITY AGREEMENT, FINANCING STATEMENT. ln onde to scoe he promot and comets payment and perfarmance o a ebtgasens herevdet 2d ot cher present and ture cbigatens oned by Buyer to Sete, aching. ‘dod im’sien, 3] amaurts caed for ha pacha price of the Goods purchased hereunds, Byes herthy pledges and grants 0 Sever a cartnung seaiy nicrestin adel Buyers ighs, te and interestin al ementry, eqprert, aeraunts, assets accounts neenwabio and’ depostery accounts. as wel 3s a} product equipment montory and oner merchandise purchased by Bayes from Sater, whosner any of tha foregoing is now qamed er hush 2oz—C9. treats of any band reSstng to tho any of tha foregning, and bo proceeds and insxance procoeds tree, Buyer achnowedoes and agrees Ist has Appicaton shat consti a secur apreemere and herehy Bees Sefer fo a appropnata france stitements, ubich may inchs atacheart of tes Applenion tse, o parka Seer's vecsty evest 3s setfosberen. Upon feof poymont hater, Safe may exestise any rents and Dikteges avatanie unser apptcadie a, inctung, withou Emiston, af nghis and remedes under the Untorn Commercial Cada, in addon tt ene nghis and remades maladie hereundae, The Unforn Commerast Coos ef Sta of Desaare shal gowm tis provision. PRICES. Pree q.tatons mado by Seer are subject lo cxange witout never. unless ccieraise provided by Seer in wting, ard at quotstons expie and booore ined d net aocepted wen tity (50) days from the date of ssur ‘Aor cnange ni Quartet desinaten may reaul a pren agussTent by Seles, Proe extensors when made are for Buyer's convenience ery. dnd wy. as wel as any mazemasal, senogaphic OF concal entrs. aw abet correton by Seter, Prien quctatons do ret inchs any Stes, excise oF corer Grverrnantt ta cr charge fuyabla by Sate la federal sate e Weat aabenses. Any tes now or hereater imposed upon sales to Buyer wet be aided me perchase pace. Buyer agrees to resrburse Seller for any such tac orto provide Sefer wih an acoestabia tar axemyton carfeate At payrrents for Goods mast be made in Unted States cutency wiess spooked awning by Sevze Payments ef Goods wi bo mods by suck means as Sefer may spect. sixh as by check or wre tansy, provides that Sear may rouse, 8s sto Csereton, payment by any moans, cde, weed EmEatEN, eds CES DELIVERY. Sexe snot et bo taba or coy or asin dary. Shpmart ef Goeds ste FOB gored angen reaper ef Ser cases gen eae ln Goods oa eannenexndopentent caer, 9 Baer, rt. a specited locaton, atwnien ima at ek of oss 1s ranstoned to Buyer. Scter shot nat bo tabia to Buyet for Goods pat are daraged cost wntain ne possession of a commen cane, ad it wi ba Buyer's ressons Baty ts recover ‘ony and at tosses tom damage creat rom the carne, In te event Serer is not using a commen or esspondtrt carer to datver Goods, bis ee detverng sad Goods, Buyer shol provide Sater na locaton to which debvery i bemade. Buyor hereby autonzes Soter to mak datvery st such locaton wine Buje oF a representatino! Buyer beng prosect at such keen to phys roca, oF sign fr, said Goods, and Buyer acknow'edges at yon sen every, Soler shot ba deerrod to hava "olvered” said Goods oF tonaen “endved delvery ol said Goods and Buyer shal be doomed to bain roost of said Goods’ at which tea al nck efoss tasters to Buyer. Once Soice dotvers ‘sad Goods to tw spocted locaton, even if Buyer oF arepresentaive of buyer i rot present, Buyer shsl assume fl responsibilty for be Goods, and under na croumstvco shal Sever bo Esbie to Buyer for Goods mat ae daro7ed ‘orlost whi at such locaton. Serer docs nol insuro shipmcets beyond tye pont of delvery to cameron ex independent eaets cet a speofed locaton, as the case may bs. For packing and shipping convenience, @inl be neoessxy foshp cersn dems urasserived, Resssembly of such oquiprients he sole responsbity ef Bayer, AL quctatons and agreements are subject ta delay caused by tae hopponing of sorta exert bayond Salers reasons corsa, scekstng. bi net Lind ®, governor acton, ss oF eter bor tobi, fe, corage 8 cten cf goods, manures storages, cabtty bin metas, Nels or Serpe, acs Of God or any eter erozmstiree wnassoover beyond Seles corto oN SELLATIONSAND RETURNS Ondors for Goods or pars of spec sign, size or manasa not sbjoc ty eancefaten, and ary refs to acon Saat of nase procs wi result ferfonre of any depose) reonhed by Seles. ane at tegnt charges soled wi bo eroend io tw Buyer, No Godt for Goods etaned by Buyer shat be gen wiht Severs arson chonuaton. Aliokams sre subtct to arestodhng chsegn, No dsm for shortage of Goods ‘er Carriage to Goods shat bp alowed urtess Buyes, th fire (5) days ar reor'gt of shomert ges Sater witen roton ofthe chit for shocage or mage and in such wren nica fly descrbns On shonape andor damage aged DEFRUAT Buyer artes to pay Seser af costs and expenses of cokzctens,ncksing acnal cass ca find pay ealacrcotecion agency. and svt or ones legal action incutng aca atomeys tees, uhener cated presut OA ‘Fal en appeal, and at costs of exccaton of any pigment rendored agit Buyer oF in any adsivsvatie proceedings brought by Buyer or en ts baal. Ife rate cf applicable service charge provid for bareln shal extesd ne mroxirematonnd by appicabie lan, Buys at bo faba for ho macmummrate'sreunt couedby append tsa, Inna cat ctner paty nsences igsren ested to tise Teme and Coodtons or tin sae or ven el Goods, nepates ese osgrate te federt and stan cout in tho rection where te Sato by Sexe to Buyer oceured as to propee forum sod wisun foe uch Wigaton. TY BSFORMATION. Buyer ahnontodges tnt Goods sol by Sater may cortan a ss‘ey ntomarion pacage supped ta Monutenrercftne Goods. Bujer agrees pends any such saleyinkormaten tote person or ety fownom Super 20%, asses or boners the Goods ond to thereughy reve sama wih bem Buyer wil mabe every cfr bans] any "ra dvi’ and che safety Signage as stated ata inser inched in he sstety p99 INDEMNITY. Buyer agrees to dofend and hold Soter harass tom and agsinst any and ot d3ims ol any kind er nate (wtetner based in tor. contact or anenwsa} resting deectly or indrecty trom tm purchase of Goods by Buyee fran Sefer or tna we or eansuengton of such Goods by any bird pay, as we as I cer cons onacans of Buyers ages, erpojees anda ners acing on és bana oa fs drecton reed ere:>. For vw psposactnis Provs.on ine term “Setar incses Seley at pare, sibsidary and rested erties, a5 wel 9s ines past, present and Lee cones, draco, agans, employees, asucess and a for whom tiny are responsi RIGHT OF SET-OFF. Se2er rotons a rept of et to coca om any amour one by Sever to Buyer any aOR OF te reasarabiy von ef any cbigaton (adudng tach cedts and robes) cand by Buyet ta Stier oro Ooeemre unto Sever REFORMATION SEVERABLTY. If any parson of tvs Appicaten, oF ts apeleaton to any person or croumstanca, shat at ay Uma oro any estan be held Ewald, egy, cc unentorceabie n any respect as wncen, Sever and Bue: ‘stand Pat such provsen be moded orimied $0.95 t0 render & vaid dnd enforceabie to tie furest extent peoniaed by law. Any suth eravson nt net susnegtbe of such reformsion shat ba ignored $9 a5 net to afect any oer sranson ct ths Appicaton, ond the remainder ofthis Arptcation shal ret be fected ture ard wach proxson of tis Appleation shal ke vad and enlorceabta to the futest extant peemised by Laer WAKVER OF WARRANTIES, Goods sold by Soter are warranted and guaranteed onty by ha orginal mancurer cl such Goods to th extent and in ne marver waratied and guyarteed by he motores ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OF MCLIED BY OPERATION OF LANYOR OTHERWISE, INCLUDING ALL INEUED WARRANTIES OF REDHBMTION, MERCHANTASILITY, 8 ANFRINGEMENTOR FITMESS FORA PARTICULAR OR ORDINARY PURPOSE, SELLERS LBLITY HEREUNDER AND BUYERS EXCLUSIVE RERE ES HEREUNDER, EITHER ft CONTRACT OR IN TORT, INCLUDG BUT ROT LINSTEDTO. FOR BREACHOF WARRANTYCR FOR NEGLIGENCE,ARE EXPRESSLY LIMITED TO THE COST OF THE GOODS SOLO BY GING CREDIT OR REPLACEMENT. SELLER MUST BE GIVEN WRITTEN NOTICE DENT PKG THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT VATISN TEN (10) DAYS AFTER RECEIPTOF THE GOODS BY BUYER. SELLER MUST ALSO BE GIVEN THE OPPORTUNITY TOINSPECT DEFECTIVE GOODS, ‘AYO IF REQUESTED BY SELLER, THE GOODS MUST BE RETURNED TO SELLER FAILURE TO GIVE REQUIRED NOTE VaTHiN THE TINE PROYOED. OR FALURE TO RETURN EFECTIVE GOODS TO SELLER Found SELLER'S REQUEST, CONSTITUTES AWANER OF ALL CLAMS AGAINST SELLER. SELLERS RESPONSISLITY 10 GIVE CREDIT OR REPLACEMENT IS LUNTED TO THE EXTENT THAT SELLER IS ABLE TO (OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER OF SUCH GOODS, BUYER ARO SELLER AGREE THAT SELLER SHALL NOT BE LIASLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR IND:REGT DAMAGES IN ANY WAY ARISING FROM THE SALE, HANDLING, INSTALLATION OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS AGREEMENT tes Buyer'stespoasdity to ensice fat the Goods ae the enas tatithas requested and tut specfeatons and quantres are conect. SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSSUTY AND WARRANTIES THAT GOODS CONFORM TOANY SPECIFICATIONS, DRAWINGS, DESIGNS, OR SAMPLES, Recost or acnaptsnce ofthis Applicaton by Seter does not guaranty hat cect wl bo extended. Safer resonves ta righ tore to extend ced and to modty oe temaste ccd! winin ts 400 Esereton Buyer fis ta coms win ‘tres Tens ard Condtons, ort Buyer's crt becomes unsasstactxy in Sezr's sole Gscreton Setor reserves Bw rofl ta teminate cr restct ary order upon note fo Buyee, Buyet cares Pati is sobvent and tute wit erredasey sone Seierd abecomes nschent. Buyer ag 00s 10 tend Sener writen noten of ony cranges in ho rare, a68¢ss, lam of ganesship sta Clorganizaten or taxidecsfcason number ck Buyer wizin fro (5) caysef uch changes Such ‘changes may reqate Buyer to submt an updated Aopleaton. Buyer and Sater aer00 and intend thst thro an ro Bid Sy benafcavies lois Agreement and that Buyer and Seer are the sale intended boeefeies ef Ris Agreement Page 4 of 4