Preview
Clerk of the Superior Court
»«* Electronically Filed **
M. Farrow, Deput
10/11/2022 12:34:55 PM
Filing ID 14972084
Dustin Vidrine, AZ Bar No. 025882
James Hammond, AZ Bar No. 035612
Devin Philip Izenberg, AZ Bar No. 035961
The Moore Law Group, APC
2702 N. 3" Street, Suite 2010
Phoenix, AZ 85004
Mailing Address:
P.O. Box 25145
Santa Ana, CA 92799
(800) 506-2652
AZAttorneys@collectmoore.com
Attorneys for Plaintiff
IN THE Maricopa County Superior Court
MARICOPA COUNTY, ARIZONA
10 Case No. CV2022-007690
JPMorgan Chase Bank, N.A.,
11
Plaintiff,
12
vs. STATEMENT OF FACTS
13
PAUL SETOLA, JR and J. DOE, as spouse,
14
Defendants.
15
16
17 Plaintiff, through undersigned counsel, under Rule 56(c), Ariz.R.Civ.P., hereby submits a
18
Statement of Facts in support of its Motion for Summary Judgment.
19
1 On or about February 27, 2020 Defendant PAUL SETOLA JR. entered into a credit
20
card agreement with Plaintiff, JPMorgan Chase Bank, N.A. See Affidavit of Luis Ramirez IV,
21
including account statements, attached as Exhibit 1.
22
23 2 PAUL SETOLA JR. used the Account to incur charges. See Id. [P 4.
24 3 Statements of account were issued by Plaintiff reflecting the balances owed and the
25 interest applied, and PAUL SETOLA JR. made some payments on the Account. See Id. 5, 6.
26
4 PAUL SETOLA JR. failed to continue paying as required. See Id. P 4.
27
28
5 Plaintiff has been damaged in the amount of $13,322.60. See Id. 9.
6. Plaintiff sent PAUL SETOLA JR. periodic statements while the Account was active.
See Id. P 5.
7. Plaintiffs records reflect no unresolved billing disputes regarding the Account. See Id.
rs.
Date: OCT O 7 2022 The Moore Law Group, APC
10 ym
il
By: a Aha.
12 a Dustin Vidrine, AZ Bar No. 025882
o James Hammond, AZ Bar No. 035612
13
gDevin Philip Izenberg, AZ Bar No. 035961
14 Attorney for Plaintiff
15 Original of the foregoing
delivered this __ day of OCT 11 2022
16 2022 to the Clerk of the court and
copy mailed to:
17
18
PAUL SETOLA, JR
19 C/O William Kline
Guardian Litigation Group
20 92 Corporate Park
21 Suite C #407
Irvine CA 92606
22
23 VV l NG Ie
24
25
26
27
28
EXHIBIT 1
Doc Page 1 of 3
IN THE SUPERIOR COURT OF ARIZONA.
MARICOPA COUNTY
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs. CASE NO.: CV2022-007690
PAUL SETOLA JR, et al.
Defendant(s).
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
IN SUPPORT OF JUDGMENT
STATE OF TEXAS )
)ss.
COUNTY OF BEXAR )
The undersigned, being duly sworn, deposes and says:
1 I, Luis Ramirez IV, am over 18 years old and competent to testify to the matters set
forth herein. I am an employee and Authorized Signing Officer for JPMorgan Chase Bank, N.A.,
successor by merger to Chase Bank USA, N.A. (“Plaintiff”).! I have access to Plaintiff's books
and records (“Business Records”), and I am authorized to make this affidavit on behalfof Plaintiff.
The statements herein are based upon my personal knowledge obtained from my review of
Plaintiff's Business Records.
2. Due to the nature and scope of my employment duties, I have continuing access to
Plaintiff's Business Records and have personal knowledge of Plaintiff's procedures for creating
and maintaining these records. Plaintiff's Business Records are: (a) made at or near the time of
the occurrence of the matters set forth therein; (b) made by, or from information transmitted by,
persons with knowledge and a business duty to report, or are made by a computer or other similar
digital means which contemporaneously records an event as it occurs; and (c) kept in the course
of Plaintiff's regularly conducted business activities and it is the regular practice of Plaintiff to
make such records.
1 Effective May 18, 2019, Chase Bank USA, N.A., merged with and into JPMorgan Chase Bank, N.A:
AATTAIO
NAVE 0 1 Pkg Page 1 of52
Doc Page 2 of 3
JPMorgan Chase Bank, N.A. v. PAUL SETOLA JR, et al.
3. Plaintiff's Business Records show that PAUL SETOLA JR (“Defendant”) opened
an account with Plaintiff or its predecessor for the purpose of obtaining an extension of credit on
02/27/2020 (“Account”). The last four digits of the Account number are 2468.
4. After opening the Account, Defendant did use or authorize the use of the Account
for the acquisition of goods, services, or cash advances. Defendant failed to make the required
payment(s) on the Account and demand for payment has been made. .:
5 Plaintiff provided Defendant periodic billing statements for the Account, which
described the charges, interest, fees, payments, credits, and the amount due on the Account. True
and correct copies of the last 12 periodic billing statements provided to. Defendant are attached
hereto collectively as Exhibit A. ,
6. The last payment in good and collectable funds on the Account was on or about
06/23/2021 in the amount of $400.00. The last charge, balance transfer, cash advance, or other
debit that Defendant initiated and charged to the Account was on or about 12/07/2020 in the
amount of $73.25. :
7. The Account charged-off on 01/31/2022. The total amount of credits and payments
since charge-off is $0.00. Credit has been given to Defendant for all just and lawful offsets,
payments, and credits as of the signing of this affidavit. The total amount of debits since charge-
off is $0.00.
8. Based on my review of Plaintiff's Business Records relating to Defendant’s
Account, there are no unresolved billing disputes regarding the Account.
[Remainder of page intentionally left blank]
AATTAIO
i
LM 8
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}
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Doc Page 3 of 3
JPMorgan Chase Bank, N.A. v. PAUL SETOLA JR, et al.
9. The balance due and owing on the Account as of the signing of this affidavit is
$13,322.60. Plaintiff does not seek post-charge-off interest or fees.
The above statements are true and correct to the best of my personal knowledge.
JPMORGAN CHASE BANK, N.A.
ae
Name: Luis Ramirez IV
Title: Authorized Signing Officer
Date: 08/08/2022
Subscribed and sworn to (or affirmed) before me on 08/08/2022,
by Luis Ramirez IV.
Voi Sule
Signature of Notary
Vomissa S@las
Print, Type/Stamp Name of Notary
Personally known to me x OR
Produced identification N/A
Type of identification produced: N/A
VANESSA SALAS
Notary ID #128323134
\y Commission Expires
November 30, 2024
AATTALO
[AUER Pkg Page 3 of 52
Doc Page 1 of 49
Exhibit A: Statements
ETUC
A . Pkg Page 4 of 52
Doc Page 2 of 49
Southwest EBA Menage your account ontine: & Sasiomes Sone B Mobile: Download the
‘Chase Mobilo® app today
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Rapid Rewa rds
fs SOUTHWEST® RAPID
wot Y $13,322.60 REWARDS® CREDIT CARD
Minimum Payment Due
B41 $3,101.00 SUMMARY a
10 “ 42 4 Payment Due Date ER 2X Bis for Sotithweat purchases oO}
eh
|
43 44 16 16 7 48 19 I 2X Points for Partner purchases:
02/23/22 15-2 Pts for local transitveommuting Oo}
at oo (ESM2: 26 [5-2 Pts for Intomot/cable/phone services
27 [2X Pts for select streaming x 2
4 12 - Total Ra a ipid Re wards transt. to 4
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Minimum Payment Warning: If you make only the minimum www: rraccount. Call 1-800-I-FLY-SWA or visit
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For example: www: Southwestoom.
.
Eam 2 Rapid Rewards® péints per $1 spent on purchases mado
‘You will pay off the ‘And you will end up, directly with Southwest Airlines@ and at participating Rapid
Ifyou make no Rewards hotel and rental car parinere. Earn 2 points per $1 spent
sitio balance shown on this | paying an estimated ‘on [ocal tranelt and commiuiting purchases, including rideshare.
using this card and ‘statement in about... total of... Eam 2 points per $1 spention Internet, cable, eo
month you pay... and select streaming purctiases. Eam 1 point per 5: 1 on all other
‘Only the minimum 23 years $92,055 purchases.
If you would like information about credit counseling services, call
4-866-797-2885.
ACCOUNT SUMMARY
Account Number: 2a aaaaEs 2465
pone -y
previous Balance :
: $13,065.06
.
Payment, Credits . $0.00
Purchases. f. : $0.00
Cash Advances. $0.00
‘Balance Transfers $0.00
Fees Charged $0.00
Interest Charged =
New Balance $12,322.60
Spenmg/Closing Dato TIRTIBA = OVZETEZ
‘Credit Limit $3,400
Available Credit $0
Caah Access Line $170
Available for Cash : $0
at Due Amount $3,717.00
lance over the Credit Limit ($9,922.60
YOUR ACCOUNT MESSAGES
We hope you enjoy ail the ben iS ur card has to offer and we appreciate your business. Your annual membership
fee in the amount of $69.00 will be billed on 03/01/2022. There is a transaction fee for each balance transfer and cash
advance in the amount of 5.00% or $5.00 minimum per balance transfer and 5.00% or $10.00 minimum per cash
advance. Please see the Annual Renewal Notice section of your statement disclosures for more information.
Southwest~
Rapid Rewards’
eae aE
P.O, BOX 15123 The Past Due ayment Due Date: %
|
WILMINGTON, DE 19850-5123. amount of $2,711.00 te 3 New Balance: $13,322.60
For Undeliverable Mail Only included in your Minimum, Payment|Due: B
Minimum Payment e an ac iaeaeann
‘Account number on 2465
mount Enclosed
Makeiall to Ghase Card Services at the address bolow:
PAUL SETOLA J
SER Basra BS
CARDMEMBER SERVICE
CAROL STREAM IL 60197-6294
Hl il IMT cca Pkg Page 5 of 52
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To manage your account, including card payments, alerts, and change of address, visit
el, or call the customer service number which appears on your
‘account statement.
L
LDN CAA Pkg Page 6 of 52
Doc Page 4 of 49
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YOUR ACCOUNT MESSAGES (CONTINUED) .
You are over your credit line/credit access line by $9,922.60. You can pay down your
. balance faster by including this
amount with your payment.
‘ALERT: The US Postal Service announced that mail may take up to 2 additional ddys to arrive starting October 1,
202° may impact delivery of mailed statements to you and mailed payments to us. Consider enrolling in
Paperless ‘statements, online payments, and payment alerts to avoid any impacts. To enroll visit chase.com/paperless.
Your account Is closed and no fonger available for use.
ACCOUNT ACTIVITY
Date of
Transaction Merchant Name or Transaction Description $ Amount
INTEREST
o1v28
CHARGED PURCHASE INTEREST CHARG! 257.54.
‘TOTAL INTEREST FOR THIS PERIOD $257.54
ae ‘2022 Totale Year-to-Date _[
‘Total fees charged in 2022
Total interest charged In 2022, $257.54
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Page 1 of 2
• Form interrogatories, nos. 1.1, 17.1, and 50.1 through 50.6;
• Special interrogatories, nos. 1-84, 86-99, 101-102, 104-105, 107-108, 110-111, 113-114,
116-120, 122-123, 125-129, 131-132, 134-135, 137-138, 140-141, 143-147, 149-156;1
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116-120, 122-123, 125-129, 131-132, 134-135, 137-138, 140-141, 143-147, and 149-156;
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The court declines to impose monetary sanctions.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal
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incorporating the tentative by reference - or an order consistent with the announced ruling of the
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imposition of sanctions following an order to show cause hearing, if a proposed order is not
timely filed.
1
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MARIA GUTIERREZ vs. AMERICAN HONDA MOTOR CO ., INC
Jul 17, 2024 |
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CASE NAME: MARIA GUTIERREZ VS. AMERICAN HONDA MOTOR CO ., INC
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FILED BY: AMERICAN HONDA MOTOR CO ., INC
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Before the Court is a demurrer to the second cause of action in plaintiff’s complaint, filed by
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Defendant’s previous answer (filed April 22, 2024) is stricken, and defendant shall file a new answer
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I. Factual Background
This suit arises out of the purchase of a new Honda Pilot by plaintiff, Maria Sanchez Gutierrez,
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entered into an express written contract, referred to as the New Vehicle Limited Warranty
(“Warranty”). (Complaint, ¶9.) The vehicle, sold by Honda of El Cerrito, an authorized dealership, was
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Sensing system, a defect which causes the various subsystems within it to malfunction, including,
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/17/2024
“most severely,” the Collision Mitigating Braking System ("CMBS"). (Complaint, ¶ 16; see also ¶¶13-
22, 84-85.)
Plaintiff asserts a Song-Beverly breach of warranty cause of action as well as a fraud cause of
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hazard posed by the Honda Sensing Defect before the sale of vehicles such as hers. (Complaint, ¶23.)
She alleges that Honda knew about the defect from pre-market testing, consumer complaints to the
National Highway Traffic Safety Administration (“NHTSA”), consumer complaints, testing in response
to those complaints, high failure rates and replacement part sales data, and other sources which
drove Honda to issue Technical Service Bulletins acknowledging this defect. (Complaint, ¶23.) Plaintiff
alleges Honda should not have sold, leased, or marketed vehicles equipped with the Sensing Defect
without a full and complete disclosure of the defect, and should have voluntarily recalled all vehicles
equipped with the Sensing Defect long ago, but instead Honda sold and leased defective vehicles, and
continues to do so. (Complaint, ¶¶23-24.)
In purchasing the vehicle, plaintiff relied on the reputation and representations by Honda and
its agents, none of whom disclosed the defects. (Complaint, ¶¶87-88.) Shortly after purchase, she
began to experience problems which led her to bring the vehicle back for repairs covered under the
Warranty. Still, even after multiple attempts, the defendant did not bring the vehicle into conformity.
(Complaint, ¶¶88-104.)
Plaintiff initially filed this suit in San Francisco in May 2023, but it was transferred to this
Court in October of 2023. Defendant filed this demurrer in 2023. It was not opposed by plaintiff and
the Court issued a tentative ruling in February based on the lack of any opposition brief, sustaining
the demurrer with leave to amend. No one contested the tentative ruling, and no amended complaint
was filed. Honda then proceeded to file its answer (a general denial) on April 22, 2024. Pursuant to
stipulation, and because it appears the lack of opposition was due to plaintiff’s lack of notice, the
ruling on the demurrer was vacated on May 15, 2024. Nothing in the stipulation addressed the
previously filed answer and no moving papers were re-filed. However, because that answer
responded to the complaint to which the demurrer was sustained, the answer is no longer valid. In
light of this background, the Court strikes the answer previously filed to enable the present motions
to proceed.
Honda’s demurrer is directed at the second cause of action (inducement – concealment) on
the basis that plaintiff fails to state sufficient facts, as well as uncertainty. Honda also moves to strike
punitive damages.
Plaintiff opposed both motions on July 3, 2024. Plaintiff requests leave to amend in the event
the demurrer or motion to strike is granted.
II. Meet and Confer
Defendant’s counsel states a meet and confer was held by telephone on November 14, 2023,
pursuant to statutory requirements. (See Declaration of Monica Y. Hernandez, attached to
Memorandum of Points and Authorities in Support of Demurrer). Plaintiff does not dispute this
contention and the Court finds it is sufficient.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/17/2024
III. Request for Judicial Notice
Plaintiff has requested judicial notice of the second amended complaint filed in Dhital v
Nissan North America, Inc., No. RG19009260 in Alameda County. This was the pleading at issue in the
appellate court’s decision to reverse the trial court’s sustaining of a demurrer.
Defendant does not oppose the request which is granted.
IV. Demurrer
A. Standard
The limited role of a demurrer is to test the legal sufficiency of a complaint. It raises issues of
law, not fact, regarding the form or content of the opposing party's pleading. (Donabedian v. Mercury
Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A complaint will be upheld if it provides the defendant with
“notice of the issues sufficient to enable preparation of a defense.” (Doe v. City of Los Angeles (2007)
42 Cal.4th 531, 549-550.) For purposes of a demurrer, all properly pleaded facts are admitted as true.
(Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) Only the face of the pleading attacked and
matters subject to judicial notice are considered in ruling on a demurrer. (Code Civ. Proc. § 430.30(a).)
The Court gives the complaint a reasonable interpretation, reading it as a whole and its parts in
context. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
The trial court exercises its discretion in declining to grant leave to amend, but such discretion
is abused where such leave is denied, and it is reasonably possible the pleading can be cured by
amendment. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)
B. Discussion
Defendant specially demurs to the second cause of action based on uncertainty and generally
demurs to the second cause of action based on plaintiff’s purported failure to state sufficient facts to
constitute a cause of action.
i. Uncertainty
Honda’s demurrer for uncertainty is essentially unsupported by any argument. The Court
construes this as an admission on Honda’s part that uncertainty is not a ground for the Court to
sustain its demurrer. (See Rule of Court 3.1113.)
In any event, uncertainty is a disfavored ground for sustaining a demurrer, and a demurrer for
uncertainty will be sustained only when the pleading is such that the responding party cannot even
discern to what it must respond. (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135,
139.) The pleading here meets that low bar. The Court expects that any lingering issues can be
illuminated through discovery. (Khoury v. Maly’s of Calif., Inc. (1993) 14 Cal.App.4th 612, 616
[“demurrer for uncertainty is strictly construed, even where a complaint is in some respects
uncertain, because ambiguities can be clarified under modern discovery procedures”].)
On this ground, the demurrer is overruled.
ii. General Demurrer Based on Preemption
Defendant argues that federal law preempts the second cause of action for fraudulent
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/17/2024
inducement – concealment. The type of preemption asserted by Honda appears to be conflict
preemption (which is implied preemption rather than express), though this is not particularly clear in
Honda’s brief. (See Memorandum in Support of Demurrer, 7:14-18.) Still, while Honda’s bolding and
italics suggest conflict preemption, Honda also suggests field preemption since it asserts the lack of
any California statute on the disclosures at issue here.
Plaintiff’s response to the preemption argument is that it is inappropriate for demurrer.
The Court does not find the demurrer persuasive in this respect. Neither form of preemption
(conflict or field) is thoroughly explained or demonstrated. While federal regulation may exist
concerning what information must be disclosed to the government, it does not follow that the
information required to be disclosed is necessarily sufficient for consumers. Nor does compliance
with that regulatory scheme provide manufacturers license to commit fraud when a disclosure is not
covered by the scheme.
Honda contends application of the common law here would “directly conflict with and stand
as an obstacle to accomplishment of the full purposes and objectives of NHTSA, in a field which
California has NOT traditionally occupied” (See Memorandum in Support of Demurrer pages 23 & 24.)
First, the Court observes that this statement is not about a particular federal statute, but an
argument broadly invoking the universe of purposes served by a particular federal agency, NHTSA.
This suggests a sort of field preemption argument that is undermined by Honda’s concession that
California has regulated in the general area (such as in its passage of a Car Buyer Bill of Rights).
Additionally, states such as California have traditionally occupied the area of tortious fraud claims.
Honda fails to cite any legal authority in which a state law claim for fraud in the sale of a motor
vehicle has been found to be preempted by federal law regulating vehicle safety standards.
Further, Honda does not explain why it cannot comply with both the federal disclosure
requirements and avoid tort liability through refraining from active concealment. This would be a
necessary condition for conflict preemption to apply.
Plaintiff alleges that Honda knew its cars contained defects and actively concealed this
information. (Complaint, ¶¶23-25, 37, 43.) To the extent that Honda’s knowledge included the vehicle
plaintiff purchased, and to the extent Honda actively concealed the issue, the Court agrees with the
opposition argument that these are fact-intensive inquiries not subject to determination on
demurrer. Also, fact-intensive would be whether any of the information plaintiff contends should
have been disclosed could be subject to the “confidential business information” protections
applicable to government disclosure regulations. The intent of the NTHSA regulatory scheme does not
appear to have been to immunize manufacturers from consumer fraud claims.
Defendant also asserts NHTSA is in a better position to provide the information to plaintiff.
This bears little relevance as to whether Honda had a duty of disclosure and this argument does not
defeat, as a matter of law, a fraud claim. NHTSA is not a defendant here.
Honda does not satisfy its own (acknowledged) burden. (See Memorandum in Support of
Demurrer, 6:14-17.) The demurrer is overruled on the basis that federal law preempts this cause of
action.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/17/2024
iii. General Demurrer Based on Purported Failure to Allege a “Transaction”
Honda argues plaintiff has not alleged a transaction because she does not allege she
purchased the vehicle from Honda directly. In response, plaintiff argues it was Honda’s superior
knowledge and active concealment that made it responsible for disclosure. Plaintiff further argues
this case is distinguishable from the authorities Honda cites, such as Bigler-Engler v. Breg, Inc. (2017)
7 Cal.App.5th 276, at least in part because Honda’s dealer here was acting as its agent.
There are “four circumstances in which nondisclosure or concealment may constitute
actionable fraud: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the
defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the
defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes
partial representations but also suppresses some material facts.” (Bigler-Engler v. Breg, Inc. (2017) 7
Cal.App.5th 276, 311, citations omitted.)
Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, though not binding currently,
is persuasive as to this transaction point. That court stated:
At the pleading stage […], we conclude plaintiffs‘ allegations are sufficient. Plaintiffs alleged
that they bought the car from a Nissan dealership, that Nissan backed the car with an express
warranty, and that Nissan's authorized dealerships are its agents for purposes of the sale of
Nissan vehicles to consumers. In light of these allegations, we decline to hold plaintiffs’ claim
is barred on the ground there was no relationship requiring Nissan to disclose known defects.
(Id. at 844.)
As pointed out by the plaintiff, her allegations mirror that case. She alleges a contractual
relationship with Honda directly via the express warranty provided to her, and she alleged that the
authorized dealer from which she purchased the vehicle was an agent of defendant.
The fraudulent concealment claim is not barred by any lack of a transactional relationship.
iv. General Demurrer Based on Economic Loss Doctrine
Defendant attempts to invoke the economic loss rule to demonstrate plaintiff’s cause of
action for fraud is barred as a matter of law. This Court is persuaded by the discussion in Dhital,
wherein the appellate court stated unambiguously that “fraudulent inducement by concealment is
not subject to demurrer on the ground it is barred by the economic loss rule.” (Dhital, supra, at 840-
841.)
If the California Supreme Court reaches the opposite conclusion during the pendency of this
action, defendant may raise its economic loss rule argument again.
For now, the demurrer to the second cause of action is overruled on the grounds that it is
barred by the economic loss rule.
v. General Demurrer Based on Lack of Specificity in Pleading Fraud
The elements of fraud are: (1) a misrepresentation (false representation, concealment, or
nondisclosure); (2) knowledge of falsity (or scienter); (3) intent to defraud, i.e., to induce reliance; (4)
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/17/2024
justifiable reliance; and (5) resulting damage. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.)
Honda argues the fraud allegations lack the requisite specificity. It is true that “[i]n California,
fraud must be pled specifically; general and conclusory allegations do not suffice. […] This particularity
requirement necessitates pleading facts which show how, when, where, to whom, and by what
means the representations were tendered.” (Id. at 645.)
Honda does not engage, however, with the allegations of the complaint in making this
argument, possibly because the allegations are sufficiently specific. Plaintiff has asserted that the
Sensing defect is what was concealed and should have been disclosed (see, e.g., Complaint ¶16), that
Honda had knowledge about the defect (Complaint, ¶112) and an intent to deceive plaintiff through
concealment in order to sell the vehicle (see, e.g., Complaint, ¶119). Plaintiff further pleads her
reliance and that it was justifiable, and that she was damaged as a result of the concealment.
(Complaint ¶¶124-125.) Nothing more is required.
The demurrer is overruled on the basis that the fraud cause of action lacks specificity.
V. Motion to Strike
A. Standard
The Court may, in its discretion and upon a motion to strike by defendant: (a) strike out any
irrelevant, false, or improper matter inserted in any pleading, or (b) strike out all or any part of any
pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the
court. (Code Civ. Proc., §§ 435-436.) The matter must appear on the face of the complaint or be
subject to judicial notice. (Code Civ. Proc., § 437.)
B. Discussion
Honda challenges plaintiff’s request for punitive damages based on her failure to allege a
cause of action for fraud. As noted in the motion, Civil Code § 3294 provides: “[i]n an action for the
breach of an obligation not arising from contract, where it is proven by clear and convincing evidence
that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the
actual damages, may recover damages for the sake of example and by way of punishing the
defendant.” (Civ. Code, § 3294, subd. (a).) Given the above discussion regarding the sufficiency of the
fraud claim, the motion to strike is denied. A valid cause of action for fraud has been asserted and,
accordingly, plaintiff may include a claim for punitive damages.
Ruling
KATHRYN BURDGE vs AIRSTREAM, INC.
Jul 23, 2024 |
24CV00800
24CV00800
BURDGE v. AIRSTREAM INC.
AIRSTREAM’S MOTION TO STAY
The motion to stay is denied.
I. BACKGROUND
Kathryn Burdge’s (“Burdge’) amended complaint, filed on March 26, 2024, alleges a
violation of the Song-Beverly Consumer Warranty Act in relation to her purchase of a 2023
Airstream Atlas RV. She purchased the Airstream in Temecula, California and she resided in
Page 6 of 9
Santa Cruz County at the time of the purchase. Burdge asserts various deficiencies/defects with
the RV.
In connection with the purchase of the Airstream, Burdge signed a Limited Warranty
which stated, in part, the following: “LEGAL REMEDIES: EXCLUSIVE JURISDICTION FOR
DECIDING LEGAL DISPUTES RELATING TO THE ALLEGED BREACH OF EXPRESS
WARRANTY AND BREACH OF THE IMPLIED WARRANTIES ARISING BY
OPERATION OF LAW AS WELL AS THOSE RELATING TO REPRESENTATIONS OF
ANY NATURE RESTS IN THE COURTS WITHIN THE STATE OF MANUFACTURE,
WHICH IS OHIO.” (Ex. B to Dec. of March.)
This language is found on the second page of the Limited Warranty and is the second
paragraph before the signature line for the purchaser. The sales contract is 6 pages long and
signatures were required on each page and, on some pages, multiple signatures on each page.
II. MOTION
Airstream seeks to stay this action to allow Burdge to re-file the case in Ohio, the forum
selection state. Airstream bases its motion on the above-referenced forum selection clause
contained in the signed limited warranty. Airstream contends a motion to enforce a forum
selection clause is a motion to stay (or dismiss) the action to allow a plaintiff to file in the proper
court.
Airstream argues the forum selection provision is mandatory and reasonable. Further,
Airstream acknowledges Burdge cannot be compelled to waive her rights under Song-Beverly,
and thus, it will stipulate to have the Ohio courts apply Song-Beverly in this case. Airstream
contends a stay would allow for time to determine if the Ohio courts would apply Song-Beverly.
If they will not, then Burdge could bring the case back to Santa Cruz.
Burdge opposes the stay. She argues Airstream failed to provide evidence demonstrating
she freely and voluntarily agreed to the forum selection clause. Even though Burdge signed the
limited warranty “she had to sign the document even if she did not understand the importance of
the forum selection clause.” (Opp at pg. 3.) That is, Burdge was required to sign the
acknowledgment of document and that does not prove she waived her rights under Song-Beverly
freely and voluntarily.
Burdge asserts Airstream failed to provide evidence that the designated forum will not
diminish her rights afforded under California law. Specifically, she argues, even if the court finds
she freely and voluntarily agreed to the forum selection clause, Airstream cannot show that Ohio
law will not diminish her substantive rights. Burdge contends Airstream’s offer to stipulate to
have the Song-Beverly apply in Ohio is insufficient because the choice of law in the Limited
Page 7 of 9
Warranty states that Ohio law will govern procedural issues and how the express warranty is
construed and interpreted.
III. DISCUSSION
“Trial courts generally have the inherent power to stay proceedings in the interests of
justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33
Cal.App.4th 1484, 1489; see also Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1376-79;
CCP § 128(a)(3) [“Every court shall have the power to do all of the following: To provide for the
orderly conduct of proceedings before it, or its officers.”].)
"The procedure for enforcing a forum selection clause is a motion to stay or dismiss for
forum non conveniens." (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1294.)
“California law is ‘in accord with the modern trend which favors enforceability of such
[mandatory] forum selection clauses. [Citations.] No satisfying reason of public policy has been
suggested why enforcement should be denied a forum selection clause appearing in a contract
entered into freely and voluntarily by parties who have negotiated at arm's length. For the
foregoing reasons, we conclude that forum selection clauses are valid and may be given effect, in
the court's discretion and in the absence of a showing that enforcement of such a clause would be
unreasonable.’ [Citation.]” (Quanta Computer Inc. v. Japan Communications Inc. (2018) 21
Cal.App.5th 438, 444-445.)
“‘California courts will refuse to defer to the selected forum if to do so would
substantially diminish the rights of California residents in a way that violates our state's public
policy.’ [Citation.]” (Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141, 147.) “The party
opposing enforcement of a forum selection clause ordinarily ‘bears the substantial burden of
proving why it should not be enforced.’ [Citations.] That burden, however, is reversed when the
claims at issue are based on unwaivable rights created by California statutes. In that situation,
the party seeking to enforce the forum selection clause bears the burden to show litigating
the claims in the contractually designated forum ‘will not diminish in any way the
substantive rights afforded … under California law.’ [Citations.]” (Id.) (Emphasis added.)
In this case, while she did sign the limited warranty, the court agrees with Burdge that the
warranty was not signed knowingly as to the forum selection clause and that application of the
clause would be unreasonable and/or unfair. The clause is buried in the second to the last
paragraph and is written in legalese such that a reasonable consumer could not be expected to
understand they were acquiescing to file a lawsuit in Ohio. The exclusive jurisdiction section
does not adequately inform the consumer that they would need to file suit in Ohio for warranty
issues, especially given that Burdge lives in California and purchased the Airstream in
Page 8 of 9
California. The court also notes the length of the sales contract and number of signatures
required as factors which balance in Burdge’s favor.
The court does not find Airstream has carried its burden in demonstrating that Burdge’s
substantive rights will not be diminished in any way if the case is brought in Ohio. Despite the
offer of Airstream’s counsel to stipulate to apply California law in Ohio, there is no guarantee
the Ohio courts will agree to this arrangement; that is, what is the effect of the stipulation in the
Ohio courts? Second, Airstream’s proposal would create two pending actions, which does not
promote judicial economy. Third, having California courts apply California law simply makes
more sense in terms of protecting Burdge’s rights under the Song-Beverly Act and for efficient
case management.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Page 9 of 9
Ruling
JAIRO REGALADO CANCHOLA ET AL VS. AMERICAN HONDA MOTOR CO., INC, ET AL
Jul 26, 2024 |
CGC23610505
Matter on the Discovery Calendar for Friday, Jul-26-2024, Line 9, 2-PLAINTIFFS JAIRO CANCHOLA AN INDIVIDUAL, and ANDREA RODRIGUEZ' Motion To Compel Responses, Without Objections, To Plaintiffs' Requests For Production Of Documents (Set One). Continued on the court's motion to August 21, 2024. (D302)
Ruling
China Tianjiu International Resources Group Limited vs Renee Kwan, et al
Jul 23, 2024 |
20CV01351
20CV01351
CHINA TIANJIU INT’L RESOURCES GRP LTD v. KWAN et al.
(UNOPPOSED) PLAINTIFF’S MOTION TO BE RELIEVED
The unopposed motion to be relieved is granted. Plaintiff is ordered to immediately
secure successor counsel, since a business entity party cannot proceed in pro per.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Ruling
HUDSON INSURANCE COMPANY, A CORPORATION vs MAKSOUD
Jul 27, 2024 |
CVRI2300335
HUDSON INSURANCE
Motion for Attorney's Fees by HUDSON
COMPANY, A
CVRI2300335 INSURANCE COMPANY, A
CORPORATION vs
CORPORATION
MAKSOUD
Tentative Ruling: Award Attorneys fees in the amount of 8,768.89, Award costs in the amount
of 1,316.82.
No opposition or motion to tax costs having been filed, the court awards fees and cost in the
amount requested by the prevailing party. Plaintiff to prepare, circulate and submit an order
consistent with the courts ruling.
Preview
Clerk of the Superior Court »«* Electronically Filed ** M. Farrow, Deput 10/11/2022 12:34:55 PM Filing ID 14972084 Dustin Vidrine, AZ Bar No. 025882 James Hammond, AZ Bar No. 035612 Devin Philip Izenberg, AZ Bar No. 035961 The Moore Law Group, APC 2702 N. 3" Street, Suite 2010 Phoenix, AZ 85004 Mailing Address: P.O. Box 25145 Santa Ana, CA 92799 (800) 506-2652 AZAttorneys@collectmoore.com Attorneys for Plaintiff IN THE Maricopa County Superior Court MARICOPA COUNTY, ARIZONA 10 Case No. CV2022-007690 JPMorgan Chase Bank, N.A., 11 Plaintiff, 12 vs. STATEMENT OF FACTS 13 PAUL SETOLA, JR and J. DOE, as spouse, 14 Defendants. 15 16 17 Plaintiff, through undersigned counsel, under Rule 56(c), Ariz.R.Civ.P., hereby submits a 18 Statement of Facts in support of its Motion for Summary Judgment. 19 1 On or about February 27, 2020 Defendant PAUL SETOLA JR. entered into a credit 20 card agreement with Plaintiff, JPMorgan Chase Bank, N.A. See Affidavit of Luis Ramirez IV, 21 including account statements, attached as Exhibit 1. 22 23 2 PAUL SETOLA JR. used the Account to incur charges. See Id. [P 4. 24 3 Statements of account were issued by Plaintiff reflecting the balances owed and the 25 interest applied, and PAUL SETOLA JR. made some payments on the Account. See Id. 5, 6. 26 4 PAUL SETOLA JR. failed to continue paying as required. See Id. P 4. 27 28 5 Plaintiff has been damaged in the amount of $13,322.60. See Id. 9. 6. Plaintiff sent PAUL SETOLA JR. periodic statements while the Account was active. See Id. P 5. 7. Plaintiffs records reflect no unresolved billing disputes regarding the Account. See Id. rs. Date: OCT O 7 2022 The Moore Law Group, APC 10 ym il By: a Aha. 12 a Dustin Vidrine, AZ Bar No. 025882 o James Hammond, AZ Bar No. 035612 13 gDevin Philip Izenberg, AZ Bar No. 035961 14 Attorney for Plaintiff 15 Original of the foregoing delivered this __ day of OCT 11 2022 16 2022 to the Clerk of the court and copy mailed to: 17 18 PAUL SETOLA, JR 19 C/O William Kline Guardian Litigation Group 20 92 Corporate Park 21 Suite C #407 Irvine CA 92606 22 23 VV l NG Ie 24 25 26 27 28 EXHIBIT 1 Doc Page 1 of 3 IN THE SUPERIOR COURT OF ARIZONA. MARICOPA COUNTY JPMORGAN CHASE BANK, N.A., Plaintiff, vs. CASE NO.: CV2022-007690 PAUL SETOLA JR, et al. Defendant(s). AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR IN SUPPORT OF JUDGMENT STATE OF TEXAS ) )ss. COUNTY OF BEXAR ) The undersigned, being duly sworn, deposes and says: 1 I, Luis Ramirez IV, am over 18 years old and competent to testify to the matters set forth herein. I am an employee and Authorized Signing Officer for JPMorgan Chase Bank, N.A., successor by merger to Chase Bank USA, N.A. (“Plaintiff”).! I have access to Plaintiff's books and records (“Business Records”), and I am authorized to make this affidavit on behalfof Plaintiff. The statements herein are based upon my personal knowledge obtained from my review of Plaintiff's Business Records. 2. Due to the nature and scope of my employment duties, I have continuing access to Plaintiff's Business Records and have personal knowledge of Plaintiff's procedures for creating and maintaining these records. Plaintiff's Business Records are: (a) made at or near the time of the occurrence of the matters set forth therein; (b) made by, or from information transmitted by, persons with knowledge and a business duty to report, or are made by a computer or other similar digital means which contemporaneously records an event as it occurs; and (c) kept in the course of Plaintiff's regularly conducted business activities and it is the regular practice of Plaintiff to make such records. 1 Effective May 18, 2019, Chase Bank USA, N.A., merged with and into JPMorgan Chase Bank, N.A: AATTAIO NAVE 0 1 Pkg Page 1 of52 Doc Page 2 of 3 JPMorgan Chase Bank, N.A. v. PAUL SETOLA JR, et al. 3. Plaintiff's Business Records show that PAUL SETOLA JR (“Defendant”) opened an account with Plaintiff or its predecessor for the purpose of obtaining an extension of credit on 02/27/2020 (“Account”). The last four digits of the Account number are 2468. 4. After opening the Account, Defendant did use or authorize the use of the Account for the acquisition of goods, services, or cash advances. Defendant failed to make the required payment(s) on the Account and demand for payment has been made. .: 5 Plaintiff provided Defendant periodic billing statements for the Account, which described the charges, interest, fees, payments, credits, and the amount due on the Account. True and correct copies of the last 12 periodic billing statements provided to. Defendant are attached hereto collectively as Exhibit A. , 6. The last payment in good and collectable funds on the Account was on or about 06/23/2021 in the amount of $400.00. The last charge, balance transfer, cash advance, or other debit that Defendant initiated and charged to the Account was on or about 12/07/2020 in the amount of $73.25. : 7. The Account charged-off on 01/31/2022. The total amount of credits and payments since charge-off is $0.00. Credit has been given to Defendant for all just and lawful offsets, payments, and credits as of the signing of this affidavit. The total amount of debits since charge- off is $0.00. 8. Based on my review of Plaintiff's Business Records relating to Defendant’s Account, there are no unresolved billing disputes regarding the Account. [Remainder of page intentionally left blank] AATTAIO i LM 8 {| } Pkg Page 2 of 52 Doc Page 3 of 3 JPMorgan Chase Bank, N.A. v. PAUL SETOLA JR, et al. 9. The balance due and owing on the Account as of the signing of this affidavit is $13,322.60. Plaintiff does not seek post-charge-off interest or fees. The above statements are true and correct to the best of my personal knowledge. JPMORGAN CHASE BANK, N.A. ae Name: Luis Ramirez IV Title: Authorized Signing Officer Date: 08/08/2022 Subscribed and sworn to (or affirmed) before me on 08/08/2022, by Luis Ramirez IV. Voi Sule Signature of Notary Vomissa S@las Print, Type/Stamp Name of Notary Personally known to me x OR Produced identification N/A Type of identification produced: N/A VANESSA SALAS Notary ID #128323134 \y Commission Expires November 30, 2024 AATTALO [AUER Pkg Page 3 of 52 Doc Page 1 of 49 Exhibit A: Statements ETUC A . Pkg Page 4 of 52 Doc Page 2 of 49 Southwest EBA Menage your account ontine: & Sasiomes Sone B Mobile: Download the ‘Chase Mobilo® app today ‘| Rapid Rewa rds fs SOUTHWEST® RAPID wot Y $13,322.60 REWARDS® CREDIT CARD Minimum Payment Due B41 $3,101.00 SUMMARY a 10 “ 42 4 Payment Due Date ER 2X Bis for Sotithweat purchases oO} eh | 43 44 16 16 7 48 19 I 2X Points for Partner purchases: 02/23/22 15-2 Pts for local transitveommuting Oo} at oo (ESM2: 26 [5-2 Pts for Intomot/cable/phone services 27 [2X Pts for select streaming x 2 4 12 - Total Ra a ipid Re wards transt. to 4 Late Payment Warning: If we do not receive your minimum payment Southwest e . by the date listed above, you may have to pay a late fee of up to View your card rewards dashboard and seo i the bonofitsof 9.00. your Rapid Rewards® Credit Card at www.chase.com/Southwest. View point totale and redeem at Minimum Payment Warning: If you make only the minimum www: rraccount. Call 1-800-I-FLY-SWA or visit payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: www: Southwestoom. . Eam 2 Rapid Rewards® péints per $1 spent on purchases mado ‘You will pay off the ‘And you will end up, directly with Southwest Airlines@ and at participating Rapid Ifyou make no Rewards hotel and rental car parinere. Earn 2 points per $1 spent sitio balance shown on this | paying an estimated ‘on [ocal tranelt and commiuiting purchases, including rideshare. using this card and ‘statement in about... total of... Eam 2 points per $1 spention Internet, cable, eo month you pay... and select streaming purctiases. Eam 1 point per 5: 1 on all other ‘Only the minimum 23 years $92,055 purchases. If you would like information about credit counseling services, call 4-866-797-2885. ACCOUNT SUMMARY Account Number: 2a aaaaEs 2465 pone -y previous Balance : : $13,065.06 . Payment, Credits . $0.00 Purchases. f. : $0.00 Cash Advances. $0.00 ‘Balance Transfers $0.00 Fees Charged $0.00 Interest Charged = New Balance $12,322.60 Spenmg/Closing Dato TIRTIBA = OVZETEZ ‘Credit Limit $3,400 Available Credit $0 Caah Access Line $170 Available for Cash : $0 at Due Amount $3,717.00 lance over the Credit Limit ($9,922.60 YOUR ACCOUNT MESSAGES We hope you enjoy ail the ben iS ur card has to offer and we appreciate your business. Your annual membership fee in the amount of $69.00 will be billed on 03/01/2022. There is a transaction fee for each balance transfer and cash advance in the amount of 5.00% or $5.00 minimum per balance transfer and 5.00% or $10.00 minimum per cash advance. Please see the Annual Renewal Notice section of your statement disclosures for more information. Southwest~ Rapid Rewards’ eae aE P.O, BOX 15123 The Past Due ayment Due Date: % | WILMINGTON, DE 19850-5123. amount of $2,711.00 te 3 New Balance: $13,322.60 For Undeliverable Mail Only included in your Minimum, Payment|Due: B Minimum Payment e an ac iaeaeann ‘Account number on 2465 mount Enclosed Makeiall to Ghase Card Services at the address bolow: PAUL SETOLA J SER Basra BS CARDMEMBER SERVICE CAROL STREAM IL 60197-6294 Hl il IMT cca Pkg Page 5 of 52 Doe Page 3 of 49 [To contact us regarding your account: (orier Service: ihU.s. 32-0001 ?? ® one 1-800-438-7958, Send Inquiries te Mall Payments to: Visit Our Websit Intere fonal P.O. Box 1 sperator relay calls Wilmington, DE 19850-5298 Caro! Stream, il 60197-6294 Information About Your Account ‘cach Share advance, fa foreign or cack transaction In the smount U.etated In your Account Agreem: al minimum payment : Tha amount of pert shoul est your {transaction for sometransaction accounts, teaPleaof 3%‘see ofyourthe Acco 5. solr jeamant amount forof any fralgn tnfortmatlon Sf Inti vo ler‘orpayable the In U. U.S, bran dolars and Graufinanelalinetiutlon, You can fot s foreign By paving mare than tho minim paymart oF the total ‘about these feos. ‘Wo adi transactions and fans to your dally balance no ealer thar, pay ERdownbatanee on pour sce Ian ~for naw purchases, belance transfere, overdraft Youray mate payment ron shroughour website Sihancess nen advances, or My Shas ane bove.imeIn facto funds transfer ‘channels,artrombyyou‘your oneareof authorizing our customerus 2. date the payee deposts the check —for new cash asian checks or In ourautomated phone eystem, t hortzatlon is telephone authortzation Isr by eanoaling yourta ‘secount ba personal insfor chee! ‘through our ‘or customer ico numbers prior to the payment payment ‘2.tha dateof a rotated transaction, the dato thoy are posted to your account, or tte a dey of the bln oe woheverve sy ‘choose —tor fe Processing.by if11:59 Channels we rece burn, Eastern irea craupayment ‘through9 of that dey cred How ToThorthe close of exch Bling pee i Fou pay4 your Avold Paying azcourt 2 rinimum of 24 ‘wa33 ofrecelve the nextyourcloner request after 11:58 p- By th e wil notHime due, no frinterest Intereat Saving lz charged ‘your payment as of that day. you soeallye future date iayour request we wil roa Balanen in fal each bitin perl "Ais, urehacs impos ie that balance Is subjecttowe anwill onabegin ‘charges 1 you pay byregular U.S, mal othe ur checkPayments or money adressoF shown onudetlstheaster, payment {rae charging period.tniarestblocktromto. theany coInterest you Topsy tree period(Including iranzaction ‘new purohaces, any bal transter, ox Sounanininfo snvalops, enal De0 nat the Zend mare than'ons documents. Da not payment ot coupon per ‘Do not include correspondencs 1oe or overdraft advance), ten ar Intefect charge lz added to yaur dally balance: send cash, ve recave your property prepared payment on ayite d Your account mn. fact tnt your secourt Is pald iminimurn payment tit to higher rate Balafces, In full. Beoa you may at aahigher interest rato ofunless ly payments In axcesa your {ime that ‘gy. Itat ourir Payment payment Is rena on erator racelved 3 our Payinont ‘charges on new p another balance ‘you pay your balance (or Infereet Saving Qalanae) In ull aach moni {he statement, we wil credit ho your aacountas ofthe nent calendar day. (Crndit Lim: If you wart to Inquire about your options to help prevent your account For all athoretna payments Sai of for any payment roan type aboveay farbe which eedyouordo ubnot follow 8 aur {rom exceeding your credit im, please call the number on the back of Your card. V7 It you thiak there It we ‘Whet To Do onIt You 'gP.O.an Boxerror Think Yau Find A Raisthke ‘usvon @On32p:Your teStotama shee ‘Customer Jour Aucourt to ered bebureaus. rlseed It oye or thr defaite 15209,yourWilmington, statement, DE‘wt19880-5295 Ssnyour race Accourtimay reacted ret fayour fren, ereditplouss‘report. write to youuo atthioCheee Cand Servioes parted Inyour telter, give us the following Information: Bor Box tose,iin Wi Be ae ‘= Account information: Your name and Account number, To Servi ‘Pan guna armlesionof Yoibe Accauni(s contactedworking By providing ry, mobil af thaton number Stout al OFsentTay “= Dollar amount: Tha dollar amount of the suspected error, Secounts a ‘Chase and companies olal or prerecorded itevoles.bohal Tot ~ Deseriptlon of Problem: Sllowe Sttoratle the dialing technology tor infermationst and socount servicing, but not for m [you belleve is wrong Ifyou and why thinkyoutheobollavefs an It errr an your bil, danoribe fea mistake, Salog or elomarkoling. Message and data rates mey apply. ‘You must contact us within 60 days after the error sppeandon your mae Authortzation To Convort Your Check To fin Electronic Transfer Debit: When you ‘must notityTic usityoudsof any wopotential 4 may eal us oF notity us| Brovide a chack as payment, you authorke ue i Your ‘heck to make a one-ti Use Information account teom your ero proses sional sta not errorsrequlredin wth Yo nvectigate any potenla errors nd the paymentyoursammen as a check. Your pe debhedae soon ao the eam pay amount in question, sesecte Soulvl not recelveyour check bac your tiation ‘wiewe ivestgns whetheror not naelnee Been an ert, the fling vet ay payment check of other form in oftukpayment that youssleiar send “= We cannot tryto collst the amount in question, or report you as delinquenton [Stores notation, of anthatthoyoufull otharwise balance du tender thet fsin ful mated -patd eatlsfaction of &or dlcontains ted that smou & ‘must bo allsentour tofighte regarding the "Wilmington, DE 12850-5049, We +The gharge mn say romalf on your stata, and we may contin ‘osarva rte (e.g HI Is determined th accent tristan,Tae youyou wllInterest not haveon eto a ‘the amountit weYn question thatto pay deter ery Invest paoF valid dispute of any such check Is received at ry thar adores, wa may ‘ther feey rolated to Uta the ‘check and you wi ay (you rakereturning sil we it to2 ou, {o'the ot coahing or deatoying ay ah 2 fat shout regular Paymant address ft.‘showr Al other “= While you do not have to pay the amount In question, you ate responsiblefor {the remainder of your be Shis stateme ‘= We can apply any unpald amount Sgalnst your eredit limit. homes! {oo, you Kevewel are responsibleHotes: for your Ansount Agreement jour Account 1 baots ‘pen. an annual Wo wilmembership add oFyour u Aro Disanttstiod Wit Your Crodit Card Purchasos: It you are ‘stomont ‘ayear,whather pot Your Siete tn the goods or garvices thaltheyou phava annual membership f e a to your monthiy Biting ‘your account. Your annual memberohip teow be added to your purchase roblem purchased withthavithmerchant, your eredyou card, Balance andtig mayInst Incur you yeh tferest, The annual memberst es ‘aveline rat not toIn paygood the faith m9 tried to co srmaunt rersiniag due on tn purchase, (whicheversbi, tele Your payment jer we toofprovide close tnoyourstatement the annual account within membership on Which 30 daya the annual or one membership biilag oyeto ‘To use this righ, all of the following must be tru {a closeraccourt your Account iit your the htannual fo make transastions on: ino curlonger fee dose not alfet righle 1. Tye purchase must nave bean made In your nome tat or whi, 00 res fe closedar ‘by youores membership fee wi Be ofotayourthancurrent $50. malling Nelther olitheze: 3 rchaes yee unt haveea been (Noto: wes thea 'o your Aeool Baredyouon theanadvartisamant wo 3d to you, oF itwe own the compary that Cateutat 1c0 Subjact Ta tnlarset fate: To figure your pertodic Interast ‘sold goodsor sarvices.) argos for each ‘oyole when a dally the dally ‘chargesbalance for each methodbil (Including ‘eyele when new a tramonthly periodie rate(s)‘yourapples,rerladiewo Interost use t 2. You ‘ach must have used advanoas from youran ATMcreditor cardwith forthe a cheek purchase, that accessesPurchasas mado card your aredlt with ‘Aecount do net qui ‘lther methor neo method (Including now ta rest charge ‘on yourof ‘3. You must not yet have fully pald for the purchase. wRsyncnt pesca cafueat the tll free cuttorner service phone nurnberoted above. all of thacrtertaabave sl cisateiedwith the purchase contact Wo calouate perce nterost chaarges,soparatly for ch featureva(for example ts lnwrting a Customerare Service,inet andyou £0. Box 15209, ington, DE T2850- purchases, may combine ator teategorion ‘ith Eatsuation’s ible White we tavastigat, tho same rules applyMAto attyou the cianted amount at a5atdeca fates e wtPelmethe Fate tame evga surdeaiton: pot IR'JourwillAccount vary withAgreement the There is a transaction fee for each Dalaneo transfer, wethink you ow a amount ang yeu co not pay we may repertyou aa delnaueht . agsos2021 . To manage your account, including card payments, alerts, and change of address, visit el, or call the customer service number which appears on your ‘account statement. L LDN CAA Pkg Page 6 of 52 Doc Page 4 of 49 Southwests (BER) Menage your account ontine: Feoores-000% Moblte: Download the ES Chase Mobie® app today Rapid Rewards" YOUR ACCOUNT MESSAGES (CONTINUED) . You are over your credit line/credit access line by $9,922.60. You can pay down your . balance faster by including this amount with your payment. ‘ALERT: The US Postal Service announced that mail may take up to 2 additional ddys to arrive starting October 1, 202° may impact delivery of mailed statements to you and mailed payments to us. Consider enrolling in Paperless ‘statements, online payments, and payment alerts to avoid any impacts. To enroll visit chase.com/paperless. Your account Is closed and no fonger available for use. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount INTEREST o1v28 CHARGED PURCHASE INTEREST CHARG! 257.54. ‘TOTAL INTEREST FOR THIS PERIOD $257.54 ae ‘2022 Totale Year-to-Date _[ ‘Total fees charged in 2022 Total interest charged In 2022, $257.54