On May 24, 2024 a
Complaint,Petition
was filed
involving a dispute between
Westlake Services Llc,
and
Does 1 To 10 Inclusive,
Wallace, Davion M,
for Rule 3.740 Collections $10,000.01 - $35,000 Limited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Christopher D. Mandarich SB 220693 .
5/24/2024 8'21 PM
Teona Pipia SB 343337
Martin Weingarten SB 201906 By: Fabiola Moreno, DEPUTY
Sarkis Karayan SB 316926
MANDARICH LAW GROUP, LLP
P.O. Box 109032 Chicago, IL 60610
Phone: 877.285.4918
Facsimile: 818.888.1260
Mandarich Law Group, LLP California Debt Collector License Number 10795—99.
Attorneysfor Plaintifl: Westlake Services, LLC, dba Westlake Financial Services
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
CIVSBZ41 6868
10 Westlake Services, LLC, dba Westlake Case N0.
Financial Services,
11 Plaintiff, COMPLAINT FOR BREACH OF
CONTRACT/MONEY LENT, PAID OR
12
VS. EXPENDED
13
DAVION M WALLACE, an individual;
Prayer Amount: $15,428.93
14
and DOES through 10 inclusive.
1 LIMITED CIVIL MATTER
15 Defendant.
16
17 Plaintiff, Westlake Services, LLC, dba Westlake Financial Services, by and through
18 undersigned counsel, for its causes 0f action against DAVION M WALLACE, an individual
19 hereby states and alleges as follows:
20 GENERAL ALLEGATIONS
21 1. Westlake Services, LLC, dba Westlake Financial Services (hereafter “Plaintiff’) is
22 qualified t0 d0 business in the state 0f California.
23 2. Pursuant to C.C.P § 395(b) and C.C § 2984.4(a), this Judicial District is the proper venue
24 and jurisdiction 0f this action because the Defendant resides 0r entered into the contract within the
25 jurisdictional boundaries 0f this court.
26 3. Plaintiff is the owner 0f the debt at issue.
27
28
COMPLAINT—l 0f 4
FIRST CAUSE OF ACTION
(BREACH OF CONTRACT)
4. Plaintiff refers to and incorporates paragraphs 1 through 3.
5. On and about 03/04/2021, Defendant entered into a Retail Installment Sale Contract —
Simple Finance Charge (with Arbitration Provision) (“Contract”) with an Automobile Dealer
(“Dealer”) by the terms 0f which Dealer agreed t0 sell and Defendant agreed t0 buy a 2019
TOYOTA COROLLA VIN # 5YFBURHE6KP936926 (“Motor Vehicle”). The Contract is
attached hereto as Exhibit 1 and incorporated herein by reference.
10
6. Defendant agreed t0 pay monthly payments 0n the outstanding balance pursuant t0 the
11 Contract.
12 7. Defendant agreed t0 pay interest at the Contract rate and is liable for interest at that
13 rate.
14 8. Defendant consented t0 be bound by these terms either by authorizing signature 0n the
15 agreement and/or by taking possession 0f and using the money and Motor Vehicle.
16 9. Pursuant t0 the Contract, possession 0f the Motor Vehicle was delivered t0 Defendant
17 and a lien was to be given as security for the payment of the price.
18 10. Plaintiff was assigned all rights and interests in the above—described Contract by the
19 Dealer.
20 11. The above—described Contract was and is subject t0 the provisions 0f the Rees—
21 Levering Motor Vehicle Sales and Finance Act, Section 2981-29846 0f the California Civil
22 Code (“CC”).
23 12. Plaintiff has performed all conditions required t0 be performed 0n its part under the
24 above—described contract.
25 13. Within the last four years, Defendant breached the Contract by failing t0 make the
26 required installment payments. Pursuant t0 the terms of the Contract, the principle was
27
accelerated.
28
COMPLAINT—2 0f 4
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Christopher D. Mandarich SB 220693 . 5/24/2024 8'21 PM Teona Pipia SB 343337 Martin Weingarten SB 201906 By: Fabiola Moreno, DEPUTY Sarkis Karayan SB 316926 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Mandarich Law Group, LLP California Debt Collector License Number 10795—99. Attorneysfor Plaintifl: Westlake Services, LLC, dba Westlake Financial Services SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO CIVSBZ41 6868 10 Westlake Services, LLC, dba Westlake Case N0. Financial Services, 11 Plaintiff, COMPLAINT FOR BREACH OF CONTRACT/MONEY LENT, PAID OR 12 VS. EXPENDED 13 DAVION M WALLACE, an individual; Prayer Amount: $15,428.93 14 and DOES through 10 inclusive. 1 LIMITED CIVIL MATTER 15 Defendant. 16 17 Plaintiff, Westlake Services, LLC, dba Westlake Financial Services, by and through 18 undersigned counsel, for its causes 0f action against DAVION M WALLACE, an individual 19 hereby states and alleges as follows: 20 GENERAL ALLEGATIONS 21 1. Westlake Services, LLC, dba Westlake Financial Services (hereafter “Plaintiff’) is 22 qualified t0 d0 business in the state 0f California. 23 2. Pursuant to C.C.P § 395(b) and C.C § 2984.4(a), this Judicial District is the proper venue 24 and jurisdiction 0f this action because the Defendant resides 0r entered into the contract within the 25 jurisdictional boundaries 0f this court. 26 3. Plaintiff is the owner 0f the debt at issue. 27 28 COMPLAINT—l 0f 4 FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 4. Plaintiff refers to and incorporates paragraphs 1 through 3. 5. On and about 03/04/2021, Defendant entered into a Retail Installment Sale Contract — Simple Finance Charge (with Arbitration Provision) (“Contract”) with an Automobile Dealer (“Dealer”) by the terms 0f which Dealer agreed t0 sell and Defendant agreed t0 buy a 2019 TOYOTA COROLLA VIN # 5YFBURHE6KP936926 (“Motor Vehicle”). The Contract is attached hereto as Exhibit 1 and incorporated herein by reference. 10 6. Defendant agreed t0 pay monthly payments 0n the outstanding balance pursuant t0 the 11 Contract. 12 7. Defendant agreed t0 pay interest at the Contract rate and is liable for interest at that 13 rate. 14 8. Defendant consented t0 be bound by these terms either by authorizing signature 0n the 15 agreement and/or by taking possession 0f and using the money and Motor Vehicle. 16 9. Pursuant t0 the Contract, possession 0f the Motor Vehicle was delivered t0 Defendant 17 and a lien was to be given as security for the payment of the price. 18 10. Plaintiff was assigned all rights and interests in the above—described Contract by the 19 Dealer. 20 11. The above—described Contract was and is subject t0 the provisions 0f the Rees— 21 Levering Motor Vehicle Sales and Finance Act, Section 2981-29846 0f the California Civil 22 Code (“CC”). 23 12. Plaintiff has performed all conditions required t0 be performed 0n its part under the 24 above—described contract. 25 13. Within the last four years, Defendant breached the Contract by failing t0 make the 26 required installment payments. Pursuant t0 the terms of the Contract, the principle was 27 accelerated. 28 COMPLAINT—2 0f 4