Preview
F Superior Court of California
| County of Butte
JEFFREY A. CLARK, SBN 70546 L 5/13/2020
JEFFREY A. CLARK & ASSOCIATES, A.P.L.C. E E
2999 Overland Avenue, Suite 127
Los Angeles, California 90064-4257
D iy , Clerk D
jclark@clark-law.net By Deputy
Electronically FILED
Tel: (310) 815-9440
Fax: (310) 815-0518
Attorneys for Plaintiff,
Rocky Top Rentals, LLC
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
ROCKY TOP RENTALS, LLC., a ) Case No.20CV01006
10 Limited Liability Company
11 Plaintiff, VERIFIED COMPLAINT FOR:
12 vs. 1. BREACH OF CONTRACT
2. CLAIM AND DELIVERY
13 MARK L. MILLER, an individual; and
DOES | through 10, inclusive,
14
Defendants.
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18 Plaintiff Rocky Top Rentals, LLC., a Limited Liability Company (hereafter “Plaintiff’),
19 alleges:
20 GENERAL ALLEGATIONS
21 1 Plaintiff is a Limited Liability Company duly authorized to do business in the
22 State of California.
23 2 Plaintiff is informed and believes and thereon alleges that at all times herein
24 mentioned, Defendant Mark L. Miller (hereinafter “Defendant”) is an individual residing in the County
25 of Butte, State of California.
26 3 The obligations of Defendants, and each of them, as set forth herein, were
27 incurred within the above-captioned judicial district.
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Complaint
4. The true names and capacities, whether individual, corporate, associate, or
otherwise, of Defendants named herein as Does | through 10, inclusive, are unknown to Plaintiff at this
time; Plaintiff will seek leave of court to amend this complaint when the same becomes fully
ascertained.
5 Plaintiff is informed and believes and thereon alleges that each of the fictitiously
named Defendant is responsible in some manner for the occurrences herein, has possession of any
equipment sought to be recovered herein, and the amounts due to Plaintiff as alleged herein are due and
owing from such Defendants, and each of them.
10 FIRST CAUSE OF ACTION
11 (Breach of Contract)
12 6 Plaintiff hereby realleges and incorporates paragraphs | through 5, inclusive, of
13 the general allegations as though fully set forth herein.
7
14 On or about October 6, 2017, Defendant entered into a written Rental Purchase
15 Agreement and Disclosure Statement (hereafter "Rental Agreement") with Plaintiff wherein Defendant
16 received possession of a Portable Storage Building described as a Playhouse 12x28, Inventory Number
17 WPH-L1375-1228-051916 (hereinafter “Storage Building”). A true and correct copy of the Rental
18 Agreement is attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth.
19 8 Pursuant to the terms and conditions of the Rental Agreement, Defendant agreed
20 to rent the Storage Building from Plaintiff on a month to month basis for a total of 36 months. Plaintiff
21 would remain the owner of the Storage Building until paid in full, at which time Defendant would
22 acquire ownership of the Storage Building.
23 9 Pursuant to the terms and conditions of the Rental Agreement, Defendant agreed
24 to pay Plaintiff a $357.25 security deposit followed by thirty-six (36) consecutive monthly installment
25 payments in the amount of $357.25 due on the 15" of each month.
26 10. Pursuant to the Rental Agreement, Defendant took possession of the Storage
27 Building,
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Complaint
ll. Plaintiff has performed all terms and conditions required of it to be performed
under the Rental Agreement. However, from and since May 15, 2019, Defendant failed to make the
required monthly installments as they became due pursuant to the terms thereof.
12. Thereafter, Plaintiff demanded that Defendant return the Storage Building to
Plaintiff. However, Defendant refuses to return the Storage Building.
13. Plaintiff is informed and believes that the estimated average fair market value of
the Storage Building in fair condition to be approximately $7,195.00. This value is dependent on the
condition and usage of the Storage Building.
14. As a proximate cause of the default of Defendant in performing under the Rental
10 Agreement and refusing to return the Storage Building, Plaintiff was entitled to, and did accelerate, the
11 total due under the Rental Agreement. The amount presently due and owing from said Defendant to
12 Plaintiff is $6,364.11, plus attorney’s fees and costs.
13 15. Pursuant to the terms and conditions of the Agreement, Plaintiff is entitled to
14 tecover all actual costs and expenses of enforcement of the Rental Agreement, including attorneys' fees
15 incurred in the event of the default thereunder. Plaintiff has retained legal counsel to enforce the terms
16 and conditions of the subject agreement and as such, is entitled to an award of such fees and costs.
17
18 SECOND CAUSE OF ACTION
19 (Claim and Delivery)
20 16. Plaintiff hereby realleges and incorporates paragraphs | through 15, inclusive, of
21 the above allegations as though fully set forth herein.
22 17. Pursuant to the provisions of the Rental Agreement, and in the event of default
23 such as exists in this case, Plaintiff is entitled to retake possession of the Storage Building from
24 Defendant. Plaintiff herein makes claim for possession.
25
26 WHEREFORE, Plaintiff Rocky Top Rentals, LLC prays for judgment against Defendants, and
27 each of them, as follows:
28 1 For possession of the Storage Building described herein or its equivalent value;
3
Complaint
For damages in the sum of $6,364.11 plus interest in an amount according to
proof;
For reasonable attorney’s fees;
For costs of suit incurred herein; and
For such other and further relief as the court may deem just and proper.
Dated: May | 2020 JEF Y A. CLARK & ASSOCIATES, A.P.L.C
10 By:
, JEFRREY A. CLARK, Attorneys for
11 Pla\ iff Rocky Top Rentals, LLC
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Complaint
EXHIBIT 1
b ROCKY TOP RENTALS, LLC
P.O. BOX 331584 MURFREESBORO, TENNESSEE 37133 PH: 618-203-3165
i
RENTAL PURCHASE AND TEM!
DATE EXECUTED: _10/06/2017_
x LESSOR: ROCKY TOP RENTALS, LLC P.O. Box 331584 Murfreesboro, Tennessee 37133 Phone: 615-203-3165.
Mark L hier
i
CONSUMER: PHONE: (690) 606-8248
ADORESS: 163 Hurles Circle Orovide: COUNTY: Butte STATE: GA 21: 95966
For ond in consideration of the mutusl covenants end agreements contsined harein, the adequacy of which Is heraby ecknowledged by esch
party, Lessor hereby leases to CONSUMER and CONSUMER herety leases from Lessor thet certain Rented Praperty hersin, The following
ia dlackaed to CONSUMER pursuant to the Kametie Rental-Purchase Act, Cel. Civ. Code § 1812.620, et seq, and is a mataris!
part of the parties’
1. RENTED PROPERTY: _ PORTABLE STORAGE BUILDING: _.
See Work Order for further description.
2. CONDITION
OF RENTED PROPERTY: New [—] or [X]Used
-Model Yoor_.
3. CASH PRICE OF RENTED PROPERTY: $7,195.00 , phss nates tox.
4, TERME: The term of this Agreement is for one (1) Month, The minimum period the GONBUMER is obligated under this rena! purchase:
‘agreement
Ie one (1) month.
$6. j, The duration of the rental purchase is _98_ months if all regularly scheduled periodic payments are made.
" CONSUMER may renew this for consecutive terms of one (1) morith by making @ renewal rontal payment In advance for ach
month CONSUMER
wishes to rent the property.
6. 9333.10 (pre-tax rent) + _$24.18 (Soles Tex) = {Beige‘PaysroTAl, ‘Soles tax end total payment may
more than one payment in advance,
change due to changes
in tex law or corrections
to tax figured at time of eale.I
‘such additional payments or overpayments: wil apply towards future rental payments until the Early Purchase Option is exercised.
7. DUE DATE: Rent is due on the 48th day of each succeeding month,
TOTAL OF PAYMENTS: IF CONSUMER THIS MAKES thirty-obx (38) monthly payments FOR A TOTAL COST ‘OF OF _$11,991.80 (Pius salos
tax) AND OTHERWISE COMPLIES WITH AGREEMENT, CONSUMER WILL THE RENTED
PROPERTY. The Total of Payments does notInclude any other charges CONSUMER may incur such es late payment fess, trip charges,
OF NSF foes, should read this rental purchase agreement for an explenation of any applicable additional fees.
YOU ARE RENTING THIG PROPERTY. YOU WALL NOT OWN [7 UNTIL YOU MAME ALL OF THE REGULARLY SCHEDULED
PAYMENTS OR YOU USE THE EARLY PURCHASE OPTION.
YOU 00 NOT HAVE THE RIGHT TO KEEP THE PROPERTY IF YOU DO NOT MAKE REQUIRED PAYMENTS OF DO NOT USE THE
EARLY PURCHASE OPTION. IF YOU MISS A PAYMENT, THE LESSOR CAN REPOSSESS THE PROPERTY, BUT, YOU MAY HAVE
‘THE RIGHT TO THE RETURN OF THE SAME OR S88I_AR PROPERTY.
MORforoaamounts ressonably necessary 1o pey for the loss of the property or the repair of damage, exctusive of reasonable
SEE THE CONTRACT FOR AN EXPLANATION OF YOUR RIGHTS.
CONSUMER shall pay @ security deposit equal to 1 monitn’s rent for the purpose of satisfying any kawful cisim by
* Sete 7
TOTAL OF PAYMENTS: (COST
OF RENTAL: GASH PRICE:
14, eveliablo
at this price for cnah
‘over cash price you will pay It
Ee
You must pey thie amount to own the
the LEBSOR,
See shout your early
# you muses aif the regular make aff reguter payments,
You can buy the | for
under the early purchase
option.
(OF EACH PAYMENT NUMBER OF RENTAL PERIOD
month The term of tite PAYMENTS
is for 1 month. Consumer
‘the Agreem month by
each ent Shlety-obs (96). MONTHLY
‘timely payment. monthly payments
cosmen : — _VOR
‘Order 57409 v1608.82
Page
1 of 4
picid - sites
satance
ROCKY
TOP RENTALS, LLC
$5.00 leales tax. NS! hock tog astra ices 8 lors. In the event
"10, crn of ths
pre ty the amountin arree do the
CONS ER in arreses ony a ape ctually
pertaining goes tho consumer has
CANCELLATION: CONSUMER has the right to cancel this rental purchese agreement without penalty or obligation the
not taken possession of the rented property.
12.EARLY PURCHASE OPTION: Atany time » WITHIN 3 MONTHS from the date of execuiton ofthisequal to the cash price and sny pest due
Rental Purchase
‘ownership of the leased property by to LESSOR an amount
fees lose al periodic payments that the CONSUMER has paid. Al eny time AFTER‘the3 payment MONTHS from the date of execution of this Rental
purchase the rented property by of ail past due payments and fees and an
‘amount equal to the cash price of $7,108 plus sates
.00, tax, mmuttiplled by‘2 fraction that has as Kis numerator (number on top) the number
of periodic payments under the agreement and that ‘has ea its denominat or (number on bottom) the total number of periodic
if propertyis lost, stolen, damaged, or destroyed and the loss is caused by CONSUMER'S
13. RIBK OF LOSS: CONSUME! R ls responsible ER is responsible if property Is ‘stolen unless there is evidence of 8 burglary of the
, rackiees, or Intentiona l acts. CONSUM ER
with the potice or other
of an official report fied by the CONSUM
‘premises in which the property is jocaled, such aa physical es
evidence
‘the preponderance of the evidence thet the CONSUMER has no! committed
law enforceme nt agency or the CONSUMER establish of the then
‘oF eked of abetted In the commission of the theft of the property. However, CONSU!IMER’S liebalty shell not exceed the lesser the Early
‘date of foss or the amount necessary’ for CONSUM to exerciseER
ausessed fair market value of the rented property on thethe insurance from LESSOR of
Purchase Option. CONSUMER is encouraged to insure remtted property but is not required to purchase
any Inaurer ownedioontbyrotie LESSOR. d
: LESSOR shail maintain the rented property in working order white this agreomart is
14. R'S Intentione l, wilful, wanton, reckless or neghgent conduct. tf a
ee ean e “doe to CONSUME R obtains ownership of the
is related to manufackirer, CONSUMER must contact
repair LESSOR and request such repairs. W CONSUME
ranted property, LESSOR. ‘will anster any available unexpired manulacturer’s b
15. atany time, by ‘surrenderingthe rented property 10
without | penalty,
LESSOR
in good repair. tf CONSUMER wil owe any pest due rental payments.
b. CON to make a timelyER
fallsSUM rental renewal payment, this Agreement terminates. causedby
to removeER
agrees UM
¢, CONS any penional ran rented property |
JMER > eon 6
detaultof lapse of time. pert rs ft Ne
LESSOR may
also choose to Soret at CONSUM ik andERS expense.
4, If this Agreemant terminates, for any resson, my reinstate K without losing any rights or optionsCONSU previously acquired
date of the payment retains
MER
bby mating ofl rental and other payments due by the end of the 10th day ater the‘due
possession of the rented date, the reinstatement period will be
‘©. CONSUMER voluntarity cotums the rented proparty within 10 days of the payment due
‘extended for an additional 1 yoar efter the‘due date of the paymentin damaged the rented property te a result of the
‘has stolen o unlawhully disposed ‘of | the rented property; (3) seperate occasions,
intentional, wilful, wanton, or reckless‘conduct; or dataulied in making payments on three
then CONSUMER forfelts the statutory relnstatem ent S ms
to reinetate
rightER'
9. LESSOR may retrieve the rented property after during any reinstatement without affecting CONSUM
‘at forth above. If CONSUMER reinstates retuming theProperty. CONSUMER must pay m redelivery fee.
10 ', CONSUMER shell not permit the rented propertycannot to be altered in any way
16, AL affoced to any real estate such that the same be removed without
‘and shal not permit the rented property to be tied to or ‘othverwive ER will be deemed in
is not for human or enimal occupanc y and CONSUM
damage to the rented property. Rented property as such. Intended
dofault on Agreement if the rented property ts used
LESSOR shall have the right to examine and Inspect‘consent the rented property at oll
17. LESQOR'S RIGHT TO INSPECT is necessary, LESSOR shall obtain at the time of entry.
reasonabl e tines; If eniry upon CONSUMER 'S
R is represent ing to
| LESSOR that CONSU MER has authority to place the rented property upon/at
this Agreemen t, CONSUME
R andfurther authorizes any person having anowners, interest in the real property to
the delivery address provided to LESSOR by CONSUME including ‘but not limited to, landlords ‘and/or property the right to enter sald
which the rentad property hereunder is set upon, ovi
the property.
rented ng
property for the purpose of assisting LESSOR in inspectin g and/or ‘and rem
*
Page 2014
CONSUMER:
‘Onder 57409 v1606,82
A
ey
4 ROCKY TOP RENTALS, LLC
or LESSOR'S egents from
18, CONSUMER must not place eny obstructions thal would keep LESSOR
not renew this Agreement
removing lie reriad property if CONSUMER does perty without LESSOR’s written consent
19. ASSIG NMENT : CONSU MER may NOT assign any rights under tle Agrewmert 0 thirdbreache d this Agreement and LESSOR will
easona blyld. ‘CO
withho does
NSU 80,MERCONSUM ER: have
‘which ahal not be unr ion of the rented propert y.LESSOR may sell, \vansie r or assign this Agreement without notice to
have the immediate tight to take possess may na theftti and tu
resutt inlecrtmin el
CONSUMER. ‘sale of transport of rented property co
addres s. Further , CONSUMER may NOT sell,
‘The rented ghall be kept‘al the deliver y
‘otherwise depose of the rented CO NS does UM
so, ER
CONSJJMER wil have
n
the rented
of sio Unauthsale ori transport
oF zed
mortgage,
‘and LESSOR will have the immediate posses ‘only be moved by carriers
‘theft ond result in criminal ‘The RENT ED prope rty may:
of rented property may property. /-
suthortand in wiling by LESSOR. There is» charge 10 move the rented sp any endsi bl
afl res! estateeand
js re foron ‘and wil pay ‘ony Ralos tax which might be
OR
owners hip the‘rented property et al times and wil collect from
SE SS
ronins does not own the prop uniess
erty ‘exerc ises the early purchase option or acquires
Jevied upon the property. Agreem ent. must ‘maint ain the rented propert y in good repair and working order
‘ownership as provided by the terms of this
a8 long as CONSUMER.
Agreement to the contery, j, LESS shall natOR be liable to
5, Notwithstanding anything contained the loss uction of any conten ts contained from
CONSUMER or to eny other firm or corpor ati
by reason of on of, damage to ‘dovtr
oF
‘oF the negligence of
due to
euch lose, damage or destruction is rt of ‘rented property does not constitute negigence. in
‘ime to time in the rented property,‘unless
‘Damag e caused by the retrieva l and transpo
LESSOR's agent(s) or employee (s). property ‘kept in the rented property is due to LESSOR's
any event, and whether oF not‘such 108s,‘damage, or destruction of the personal property herein. in this regard, CO!
‘shall not exceed the fair martest value of the rented
of Kabilty shall be placed in or stored in the rented property
ees to LESSOR thet 0 proper ty In excess of weld limit
warrants and guarant S
sole perit.
‘other than at CONSUMER' ER Agreement, LEhes
renew this SS OR
the right to take
H CONS does notUM to pay LESSOR'S costs
“ean CONSUMER does not allow LESSOR
‘of the reréed property. Ifrented to do 80,
‘attomey’s foes end court coats. By signing this Agreement,
incurred in taking possession of the property inchading the ‘rented property plated including but not
CONSUMER authorizes any perso! n having an interest in te eal pr op uponer ty
which
LESSOR in retrieval of the rented property.
limited to, landio and/orrdsowners, the right to enter ssid property for the purpose: of assiating in retrie the rentedvin g oF
property
In the event LESSOR inours | costs or expenses:
thereof, LESSOR shell recover from CONSUMER all
the ferms of this Agreement because of CONSUMER'S |
fees, electricians, leborers, LESSOR's
the costs and expanses by reasoncourt thereof, including,‘but not limied to driver trip under theER terms of this and LESSOR:
fees, and costs. More specific ally, If CO NS defaul tsUM
hes made the tip to retrieve
y, and ‘CONSUMER then peys the‘amoun t in arrears pftor LESSOR
proceeds to retieve the rented propert shallERpay ‘LES additioR,
in SO n to the paym in arrears, en ts
the sum of $300, ,00 oF 10% of cash
the rented property, then CONSUM of said expense s.
price, whichever Is mora, as reimbur sement 'S
advised that this rectal
CONSUMER fite bankruptcy. CONS attomeUM y must beER
25, BANKRUPTCY NOTIFI CATIONS: of the Ka me Rental tt e
Purchas e ‘Act. Theref ore, CONSU MER will be required to either
‘agreement mosis tho LESSOR is es en “unexpired
‘assume of reject this Agreement.y ‘The trve and proper placementof CONSUMER'S debt
‘prope rty
or socured easel, of
is notconsidered to be a persone l asset, persona l (property, secured
contract" The RENTED propert to file for reel ‘automatic
of stay in order to recove r the rented property.
CONSUMER. Any lating of‘uch could ‘compal LESSOR y,
(; LESS and CONSU OR MER‘g706 thet CONSUMER has axerined the rented propert
(8* condition‘end LE SS hae made
OR no.
* Frenes is condition end has agreed fo rentexpress the property|inn “as that
s of purpose of the rented
oF promises,‘of any Kind or ature, either ed or implied,‘38 to the condition, quality, sultablity, or fitnes
er’s
warranty
property. LE:SSOR agrees lo transler any manutactur ‘and may not be chenged except vy a wring
sets forth the parties entire agreement to comection by
or omer‘errors made by lot person nel are subject
Fy ban pectenTaever loricaloxsentia l lorma are deemed by LESSOR to be in error.
notiled i paymen t emount or related
: Each provision of this Agreemant is the intended to be severable. It anyterm or provision is Bogal or invalid for
2B. invalidi ty shall not affect validity of the remainder of the
‘ny roneon whaizoever, theHogality or tn an indtviduel
fr toetthis Agresa
at went
in g
rust
All claims by any party ariaing out: of clews
eect and vt os a plaintiff or class membearises r In any purported ‘or repres ented pleadi ng.
e through
under this Agreement, the parties will initiaihy attempt to resolve the disput
DISPUTES AND ARBITR ATION: 2 dispute
olv
within 0 ed
reasona ble olther party may bring sult‘agoinel the other in @ civil court
" flendly coneuttaion. If apute is.‘claime not res ‘erbiiration governed by the
‘with the Kmitat ion
thet matter( s) with d damages in excess of $25,000.00 must ba ‘submitted to
Association before en arbitrator |
the rules prom ulga ted
by the
Federal Arbitration Act and in accordance with
ree by
d-u the partie
pon s. ‘of erbtre tion wil be shered equally between the parties,
In Glenn County, California ant ‘ag s
Page 3.0f 4
CONSUMER:
‘Oriter 57400 v1
ee
}
a
=
Fo SetaCONSoptiUMfis Ayoormv
ERccou
ROCKY TOP RENTALS, LLC
‘Agreement/account
1: CONSUMER agrees thet LESSOR or its agents, ,including
at any number CONSUM
in writing to not ‘commu
ER provide s to
nic
with LESSOR
LESSOR
ate
et CONSUM
Includin
ER'S
debt collectors, may
g
of employment, ‘unless CONSUMER notifies LESSOR ‘with a cal phone number, ‘agrees thet LESSOR may contact CONSUMER
HM CONSUMER provides LESSOR ER is charged by his
using that number and may aio contact MER via text messagingor‘email, regardless of whether CONSUM prerecor ded messege
agrees to be contecte d via sutomati c dialing end
or her service provider for the test or call,‘CONSUMER also
sytem,
this the 06 day of October ae.
IN WITNESS WHEREOF, the portios have hereunto affed thelr signatures
i LESSOR: ROCKY TOP RENTALS RENTALS, LLC
i By NOTICE TO CONS
. DO NOT SGN THIS BEFORE YOU READ THE ENTIRE AGREEM
UM
- READ ER
BEFORE SIGNING
ENT, EVEN if OTHERWIBE ADVISED.
« DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.
« YOU ARE ENTITLED TO AM EXACT COPY OF ANY AGREEMENT YOU SIGN.
CONSUMER:
REQUIRED REFERENCES
Name: Devon Cozzen
Neme: —— Phone,:, (418) 902-0590
S.8.N.
+ ———
Driver's License No.: ns —
Address:
———_—————_ Name; Maurice Edaard,
CityrStatelZip: ~ ————— Phone No.: (510) 408-0671;
Email Address:
Home Phone No.:
‘Cali Phone No.:
Employer Name:
Employer Phone No.:
Lagal ownerilandiord of the reel property where the Leased Property is to be located:
Name(s) er
Address: ———————
City/State/Zip:
‘Home Phone No. mae
Business Phone No.: — (Cavell)
Email Address:
‘complela to the best of my knowledge end are made for the
Thereby affirin that afl statements made herein are true, factual end bound by the terme end conditions of this Agreement. |
purpose of thie Agreement. By execution of my signature below, |agres to be!
oeens MEN
INTERNAL ONLY)
OPFICE USET Leese Purchase
ts successors and sasigns, ail rights, tite and interest in this
IGN
ASS(FOR
Leesor aolis:end sstigns to in its own name or in the Lessor's' name, to take ai legal end
and Disclosure Statement. Tensor gives assignee ful power,
Agreement elthar
‘other action which the Lessor could have taken under this Agreement,
Date:
Pe