Preview
F Superior Court of California
| County of Butte
JEFFREY A. CLARK, SBN 70546 L 6/3/2020
JEFFREY A. CLARK & ASSOCIATES, A.P.L.C. E
2999 Overland Avenue, Suite 127
Los Angeles, California 90064-4257 D Fi , Clerk
jclark@clark-law.net By Deputy
Tel: (310) 815-9440 Electronically FILED
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. ZOCVOl 00$
10 Limited Liability Company,
DECLARATION OF ROCHELLE
ll Plaintiff, ZELENKA-DIATIKAR IN SUPPORT OF
APPLICATION FOR WRIT OF
12 vs. POSSESSION
13 MARK L. MILLER, an individual; and Date: ort Java Vv
DOES 1 through 10, inclusive, Time: 9; 90an.
14 Dept:
Defendants.
15
16
17 I, Rochelle Zelenka-Diatikar, declare and state as follows:
18
19 1 The statements contained herein are personally known by me to be true and
20 correct, and if called upon as a witness, I could and would competently testify thereto.
21 2. I am employed by the Plaintiff Rocky Top Rentals, LLC., a Limited Liability
22 Company (hereinafter referred to as "Plaintiff"), as a Director Resolution and Recovery. I am the
23 custodian of records for this account, and my current job duties include the supervision and collection
24 of delinquent accounts.
25 3 My job responsibilities as a Director Resolution and Recovery include overseeing
26 delinquent accounts and I maintain responsibility for certain delinquent accounts. In addition, I am the
27 Custodian of Records for Plaintiff for certain files, of which this is one. This is substantiated by the
28 following facts:
1
DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION
(a) During my employment with Plaintiff I have learned the types of Plaintiff's
business records, their nature, purpose, use in the meaning and interpretation of these records.
(b) 1 am now charged with the responsibility for maintaining the books and records
of Plaintiff as they pertain to the account involved in this case. Thus, I have personal knowledge of the
manner and means by which books and records are stored, used and accounted for.
4 All matters pertaining to the accounts are entered into Plaintiff's business records
at or near the time of the occurrence of the event recorded therein, such as the recording of payments
received on contracts. These records are made in the regular course of Plaintiff's business by
designated personnel as part of their official job duties.
10 5 I have personally reviewed the moving party’s records as they relate to the debtor
ll in this matter, and all exhibits attached to this declaration are true and correct copies of moving party’s
12 records as they are kept in the ordinary course of business. Further, all the facts set forth herein are
13 based upon my personal knowledge and review of the company’s records.
14 6 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.
7
19 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 8 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 9 Plaintiff has performed all terms and conditions required of it to be performed
27 under the Rental Agreement. However, from and since May 15, 2019, Defendant failed to make the
28 required monthly installments as they became due pursuant to the terms thereof.
2
DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION
10. Thereafter, Plaintiff demanded that Defendant return the Storage Building to
Plaintiff. However, Defendant refuses to return the Storage Building.
fell 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.
12. As a proximate cause of the default of Defendant in performing under the Rental
Agreement and refusing to return the Storage Building, Plaintiff was entitled to, and did accelerate, the
total due under the Rental Agreement. The amount presently due and owing from said Defendant to
Plaintiff is $6,364.11, plus attorney’s fees and costs.
10 13. Plaintiff is informed and believes and thereon alleges that the Storage Building
11 is located at 163 Hurles Circle, Oroville, CA 95966, as this is the where the Storage Building was
12 delivered or Plaintiff's agent has made contact with Defendant at this address.
13
14 I declare under penalty of perjury, under the laws of the State of California, the foregoing to be
15 true and correct.
16
17
Executed wil a n, 0, at. freesboro, T|
18
19 for Rocky Top Rentals, LLC
20
21
22
23
24
25
26
27
28
3
DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION
EXHIBIT 1
a
bo ROCKY TOP RENTALS, LLC
P.O. BOX 331584 MURFREESBORO, TENNESSEE 37133 PH: 615-203-3165,
i
= RENTAL PURCHASE ID DISCLOS!
OATE EXECUTED: _10/06/2017_
‘LESSOR: ROCKY TOP RENTALS, LLC P.O. Box 391684 Murfreesboro, Tennessee 37133 Phone: 615.203-3165.
Fa]
i
CONSUMER: Mork. Milter PHONE: (830) 896-6248
ADORESS: 163 Hurtes Circle Orovide COUNTY: Butte STATE: CA ZIP:
For end in consideration of the mutusl covenants and agreements contained herein, the adequacy of which is hereby acknowledged by each
party, Lessor hereby leases to CONSUMER and CONSUMER hereby leases from Lessor that cartsin Rented herein, The following
la diaciosed to CONSUMER pursuant to the Kametie Rental-Purchase Act, Cal. Civ. Code § 1812.620, at seq., and is # matarial
part ofthe parties’
1, RENTED PROPERTY: __ PORTABLE STORAGE BUILDING: _.
Ses Work Order for further description.
2. GOMDION
OF RENTED PROPERTY: New [—] or [—X]Used
- Model Your_.
3. CASH PRICE OF RENTED PROPERTY: $7,195.00_, plus soles tax.
4. TERME: The term of this Agresment is for one (1) Month, The minimum period the GONSUMER is obligated under this rental purchase
‘agreamént
is ote (1) month.
The duration of the rental purchase is _38_ months If al regularly scheduled ic payments
are made,
CONSUMER
may reriew thie. for consacutive tars of ane (1) month by making @ renewal rental payment In advance for each
CONSUMER wishes to rent the property
(prv-tax ront) + $24.18 (Sales 7% an) $357.25 (TOTAL). Sales tex and total payment may
‘change due lo changes In tax law or corrections to tax figured at tine of aato.I condeuEs‘pays more than one payment in advance,
such additional payments or overpayments wal apply towerds future rental payments undl the Early Purchase Option is exercised.
7. DUE DATE: Rent is dus on the 45th day of each succeeding month,
8.1 /AYMENTS: IF CONSUMER MAKES thirty-ox (98) monthly payments FOR A TOTAL COST OF _ $11,901.60 _(Plus ealos
tax) AND OTHERWISE COMPLIES WITH THIS AGREEMENT, CONSUMER WILL ACQUIRE OWNERSHIP OF THE
PROPERTY. The Total of Payments does not indude any other charges ‘mary incur euch #3 late payment fess, tip cheryes,
or NSF foes. CONSUMER should read this rental purchase agreement for an explanation of eny applicable additional fees.
YOU ARE RENTING THIS PROPERTY. YOU WILL NOT OWN IT UNTIL YOU MAKE ALL OF THE REGULARLY SCHEDULED
PAYMENTS
OR YOU UBE THE EARLY PURCHASE OPTION.
YOU 00 NOT HAVE THE RIGHT TO KEEP THE PROPERTY IF YOU DO NOT MAKE REQUIRED PAYMENTS OR DO NOT USE THE
.¥ PURCHASE OPTION. IF YOU MISS A PAYMENT, THE LESSOR CAN ‘THE PROPERTY,BUT, YOU MAY HAVE
‘THE RIGHT TO THE RETURN OF THE SAME OR S8MILAR PROPERTY.
‘SEE THE CONTRACT FOR AN EXPLANATION OF YOUR RIGHTS.
CONSUMER shail pay @ tecurity deposit equal lo 1 month's rent for the purpose of satisfying eny lawful claim by
° Saweeritser.
LESUOR forfrou
amounts reasonably necessary to pay for the loss of the property or the repair of demege, ‘exclusive
of reasonable
TOTAL OF PAYMENTS: ‘COST OF RENTAL: CASH PRICE:
fsiton1.80, ‘avaliable
at this price for cash
F=
fou must pay this amount to own the ‘over cash price you will pey If the LEBBOR,
See sbout your early
if you make aif the regular make
ofl reguier
You can buy the property
for option rights.
under
the early option.
‘OF EACH PAYMENT NUMBER OF RENTAL PERIOD
month The term of thie PAYMENTS:
ie for 1 month. Consumer
tre Agreement
each month by shite
98) | woNTHLY
Page
1 of 4
CONSUMER:
‘Order $7409 v1606:62
aaa sinc
serie
ROCKY TOP RENTALS,
per check soa manteu, vine be inthe event
"10, QTHER
OTH CHARGES:
CO snares mon pay‘ea: ying$5.00,
plus asles tax. Ni
ne tome of th i Feral
$25.00
Purchase ore
wTeOrs and any oes aft
ymenits any expe ctually by SSOR
perty
{1 CANCELLATION: CONSUMER has the righ to‘cancel this rental purchese agreement without penaity or obigation i the consumar has
hot taken possgssion of the rented property.
Se Atanyof time y WITHIN 3 MONTHS from the date of execution ofthis Rental Purchaseprice and eny past dua
‘ownership the leased property by to LESSOR an amount equal to the cish
trom the date of execution of this Rental
fees lose all periodic payments that the CONSUMER has paid. ‘At any time AFTER 3 MONTHS of ail past due payments and fees and an
‘purchase the rented property the payment
of $7,198.
‘amount equal i the cash price ‘under salestax, multipliedby a fraction that has se itsbottom)
plus00, numerator (number on top) the number
the totel number of periodic
of pertodic the agreement andthat has 28 its denominator (number on
payments,
; CONSUMER is responsible if property is lost, stolen, damaged, or destroyed
and the loss is caused by CONSUMER'S.
13,
joni, recktees, or intentional
acts. . CiCONSUMER Is responsible if property Is atofen unless there is evidence of a burglary of the
of an official report fled by the CONSUMI IER with the police or othor
premises in which the property is localed,|, euch as physicalby evidence der
of the evidence thetanc e has not committed
the CONSUMER.
Jaw enforcemen t agency oF the CONSUMER establishes the prepon shell not exceed the lesser of the then
‘or aided or abetted In the commisajon ‘of the theft of the property. However, CONSUMER'S liability the
of loss or the amount necessary for CONSUMER to exercise
‘gaxessed fair market value of tha rented property on the thedaterented
Purchese Option. CONSUMER is encouraged to Insure property but is not required to purchase insurance Irom LESSOR or
any inaurer ownedicontroted by LESSOR.
14. R working order while this agreement is
i LESSOR shail maintain the rented property inreckless
is dus to CON’ ISUMER’S Intendonel, wiltul, or negligent conduct. If a
in effect unless damage to the rented property cots meri of he
manufacturer, CONSUMER must contact LE:BOR and equne sah repel. CONSUMER
repair Ie related to
ranted property, LESSOR wil transfer any available unexpired
18.
CONSUMER may Wis Agua without penalty,at any time, by’ ‘surrendering
wil owa arty pest due rental payments.
the rented property to
LESSOR in good repel’. !f CONSUMER:
». I CONSUMER fails to make a timely rental renewal payment. this Agreement terminates |
upon einai, with wich ‘caused by
agrees to remove any personal property
©.
CONSUMER's datault or lapse of time. C£ a an baron rf
LESSOR may
date wil be deesne andoroned end
‘CONSUMER'S property end sore tat ‘CONSUMER'S riok and acquired
dH this. terminates, for any reason, CONSUMER may reinstate | ‘without loving any rights 0 options previously retain
bby making of rental and othor payments due by the end of the 10th day eRer the due date of the payment H CONSUMER
posseasion of the rented
9, CONSUMER ‘etums the renlad propert y 10 days of the payment due date, the reinstatement period will be
within
‘extended lor an additional 1 year eer the dus date of the payment in. ; damaged the rented property ae 9 result ofthe
{, CON hasSUM ER
stolen or unlawfully disposed‘of the rented property; (3) seperate occasions,
wiliful, wanton, or reckless‘conduct; oF dafaulied In making payments on three
RS intentional,
then CONSUMER forfelts the statutory reinstatement
9. LESSOR may ratleve the rented property during any reinstatement period without CONSUMER'S right to reinstate es
fee.
‘tet forth above. CONSUMER reinstates after retuming theProperty, CONSUMER musi pay # redelivery be altored in any way
x , CONSUMER shal not permit the rented property to
16. AL the same cannot be removed without
‘and shail not permit the rented property 10 be Bed to or othorwiee affoced to erty real estate suchy that
‘damage to the rented property. Rentodproperty Is not intended for humen or enimal occupanc and CONSUMER will be deemed ia
dofaut on Agreement if the rented property ts used as such.
17. , LESSOR shai have the rHghl to examine and Inspect the rented proparty at all
entry.
cons time of t
at the en
reasonable times; If entry upon CONSUMER'S premises is necessary, LESSOR shall thes euthorty to place the rented property upon/at
this Agresmant, CO! IER le representing to LESSOR: ‘that CONSUMER
person having sn inteceet in the real property to
delivery address provided to LESSOR by CONSUMER‘and further:‘puthorizes eny and/or property owners, the right to enter
‘but not limited to, landlords ald
which the rented property hereunder is set upon, including vi
rente d proper
ng ty.
property for tha purpose of assistingLES SOR
in inspecting and/or re mo the
Page 2014
‘CONSUMER:
Order 57408 v1606,82
SS coe meng
ROCKY TOP RENTALS, LLC
LESSOR or LESSOR'S egonts from
18. CONSUMER must not place eny obstructions thal would keep
Temoving la rected property if CONSUME R does not renew this
re em
to eny t LESSOR's writion consent
party without
third en
19, ASSIGNMENT; CONSUMER may NOT assign any rights underthis AgNS ER
have broac hed this and LESSOR will
which shall not be unreasonably ‘withheld. tf CONSUMER does: CO willUM
have the immediate sel, transter or assign this Agraement ‘without notice
of the rented property.LESSOR may to
theft and result in criminsi prosecut ion.
CONSUMER, Unauthorized sale or transport‘of rented property may ‘conatiu the delivery address. Further, CONSUMER may NOT sell,
le
TY: The rented property shail be kepl ai UMER doss $0, CONSUMER will hove
mortgage, pawn pledge, encumber, of otherwise te dispose of therented property. W CONS n
rented ‘sale or transport
will have fo pos ses of the
sio
Agrand eem LESSORent right
The RENTED propert y may only be
‘of rented property may constitute theft ond reault ln criminal ‘prosecut ion.
by LESSOR, There is @ char togemove ‘the rented property.
is responsible for ery pry end al rel state and
2. and will collect from | and will pay erry:Tralee tax which might bo
LESSOR retains Sarees ta a reried property a Uee uniess exercis es the early purchase option or acquires
Jevied upon the CONS doss notUM ER
own the property ‘CONSU MER
in good repair and working order
rust ‘maintai n the rented property
ownership as provided by the terms of this Agreamert.
as long as. CONSUMER rents It,
+ Notwit anythinghs ta
containe d in nd in
this Agreeme nt g to the contrary, LESSOR shall nat be Keble to ed from
2. e900 of the loss of, damage to oF destruction of any contents contain
CONSUMER or to any other parson, firm or corporat ion by
of destruction is due 10 | oF the negligenceof
ime to time in the rented property, unless euch loss, byed the retrieval and transport of rented property does not
LESSOR's agenort{(s ) Damage
employee(s). caus property is due to LESSOR's
any event, and wavether oF not such loss, damage, oFfairdostruction ‘of the personal property keptin the rentad
Habtity shall not excead the marot value of the rented property described herein. la thia regard,
that no property said limit of Eabiity ‘shall be placed in or stored in the rented property
vearranis and guarantees to LESSOR in excess of
‘other than at CONSUMER sole peril.
'S
CONSUMER coos |‘not renew this Agreament, LESSOR UM has the right to take
ER 'S costs
ened property. If CON SUM does ER
not allow LESSOR to do #0, CONS
snd court
egtpes 10 pay LESSOR
costs. By shgning this Agreernort,
possession
incurredint
of tho
‘possession of tho rented property including reasona ble‘ttomoy' s fooe Inclu but not
ding
real property upon ‘which the rented property
CONSUMER aythorizes any person having an interestsaidin the property for the purpose ‘of assistin g LESSOR in retrieva l of the renled property.
limited to, tandigrds andlor owners, the right to enter retrieving the rented property or
AGREEM G ENT: In the event LESSOR incurs costs or expenses in
EN
COST OF FORC THISIN R’s breach thereof, LESSOR ‘shall recover from CONSUMER
all
otherwise enforcing che | terms of this Agreement because of CONSUME to driver trip feos, tatiorers, LESSOR's
the costs and expenses by reason thereof, fncluding, but not limited and LESSOR
‘under the terms of this
reasonableat /s foes, and court costs, More specifically,if CONSUMER dofeuits in arrears LESSOR has made the tip to retrieve
procesds ‘to revleve the rented property, and CONSUM ER then pays the amount ‘ofter
$300.00 or 10% of cash
the rented property,than CONSUMER shall pay LESSOR, in addition to te payments:io arrears, the sum of
price, whichever Is mora, 6 reimbursement of said expenses,
:, Should CONSUMER file bankruptcy. CONSUMER'S attomeyCONSUMER must be edvieod that this rental
Kamet>| Rental Purchase Act. wll be required to either
purchaa s agreeme nt moeta the requirem ents of the
‘assume oF reject this. ‘The true and proper ‘of CONSUMER'S debt 0 LESSOR i¢ #8 an “unexpired loaso/executory
contract." The RENTED property Ja not consid ereeasel,
to be # personal d , wecured property, or secured asset of
Any
SUM of
ER.
listing such could compel LESSOR to fhe for relief of automatic stay in orderto recover therrented property.
CON
ER that CONSUMER has axamingd the rented property,
COND OF THE IT RENTED IO PROPER NTY: LESSOR and CONSUM end that LESSOR hes made 10 re
knows ts condition end has agreed fo rac the | property in an “as fo"‘condit ion
of purpose of the rented
the ‘condition, quality, suitablity, or fitness
‘of promises of any kind or nature, ethor expressed or implied, as to
proparty. LESSOR agrees lo transior any manwiacturers and may nat be changed except by a writing
+: This Agreement sets forth the parties entire agreement to correctio n by LESSOR, CONSUMER will bo
"planed by both parties; however, ‘clorical or other errors made by lot personne l are subject
notited W paymaet emount cr related ‘exsential arma are deemed by LESSOR to be in error,If any term or provision is RBogat or invalid for
2. :, Each provis iont isintended to be severable.
of this Agreomon
penne
er of the agreement.
" [any ronton whalaoever, the legality oF ivvalidity shall not affect the valkiity of the remaind ngnt rat
All claime by any partyariaing out offrel ati
to this Agresae
ed
pleadi
represent ng.
‘cepectty and not 96 2 plaintiff or class member in sry purported class or attempx to resolve the dispute through
the parties will intialy
ita dispute arises under this Agreement, ‘lther the other in @ civil court
‘consuation. the dlepute is not resolved within @ resonable party may bring sult agpinet governed by the
s in excesn of $25,000. 00 must be submitted tobinding erbitretion
‘with the imitation that mattor(s) with claimed‘damage promulgated by the American ‘before ant arbitrator located
Federal Arbitration Act and in accordance with the rules of wrbiration wi be shared‘equally between tha parties,
in Glenn County, Caitomis and mutually agreed-u pon by the portice. T
304
Orddor 57409 v1606.82
sess
ss
ROCKY TOP RENTALS, LLC
o. i: CONSUMER agrees thet LESSOR or its agents, including debt collectors, may
g CONSUMER'S piace
‘at any number CONSUMER ‘provides to LESSOR, includin
LESSOR at CONSUMER 'Sof
place
of employment, unless CONSUMER notifies LESSOR in writing to not communicatewith ‘gress thet LESSOR may CONSUMER
ff CONSUMER provides LESSOR with a call phone number,or email,regardiess of whether CONSUMER is charged by his
using that number and may also ‘contact CONSUMER via taxt massaging end prerecorded messoge
or her service provider for the text of call. CONSUMER also agrees 10 bo ‘contacted via automatic dialing
ayetom,
IN WITNESS WHEREOF, the perties have horaunto efied their signaiures thie the, O§ dey of October. 2017"
i LESSOR: ROCKY TOP RENTALS RENTALS, LLC
p™ WOTIGE TO CONSUMER - READ BEFORE SIGNING
EVEN IF OTHERWISE ADVISED.
. DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT,
¢ DO NOT SIGN THS IF IT CONTAINS ANY BLAMK SPACES.
‘© YOU ARE ENTITLED TO AM EXACT COPY OF ANY AGREEMENT YOU SIGN.
CONSUMER: REQUIRED REFERENCES:
Name: Devon Cazzen
Neme: MarkL Miller
= : POL (415) 902-0690
S.8.N.
Driver's License No: cate
Address: _ — — —— Name: Maurice Eduard
ChyiStateZip:
$$ een Prone Nia: (810) 408-8671;
Email Addross:
Homg Phone No.:
‘Call Phone No.:
Employer Name:
Employer Phone No.: —
Legal ownerflandiord of the real property where the Leased Property is to be located:
Name(s) Owner,
Address: ——
CtyiStalrip:
Homa Phone No.: ae
Business Phone No.: —————
(Wuvaiiote)
Email Address:
hereby effin thet afl statements made herein are true, fpotuel end‘complete to the beet of my knowledge and sre made for the
purpose
of thie Agreement. of mymy shake alow, Lagos tobe
bound by the terme and conditions of this Agreemant. |
ioe.
Sp oe
(FOR INTERNAL OFFIC USE ONLY)
ASSIGNMENT
enor pee ao a
Lee Re ee Its successors and assigns, all rights, tite and interest in this Loose Purchoso
Slatarianl, Lessor gives assignee full power, either in its own name or in the Lessor's’namve, to take all lagal ancl
‘other action which the Lessor could have taken under this Agreement,
Name:
Date:
‘Lessor:
Position:,
Pega
4 of4
Onder $7400 v1606.62
creed
Preview
F Superior Court of California | County of Butte JEFFREY A. CLARK, SBN 70546 L 6/3/2020 JEFFREY A. CLARK & ASSOCIATES, A.P.L.C. E 2999 Overland Avenue, Suite 127 Los Angeles, California 90064-4257 D Fi , Clerk jclark@clark-law.net By Deputy Tel: (310) 815-9440 Electronically FILED 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. ZOCVOl 00$ 10 Limited Liability Company, DECLARATION OF ROCHELLE ll Plaintiff, ZELENKA-DIATIKAR IN SUPPORT OF APPLICATION FOR WRIT OF 12 vs. POSSESSION 13 MARK L. MILLER, an individual; and Date: ort Java Vv DOES 1 through 10, inclusive, Time: 9; 90an. 14 Dept: Defendants. 15 16 17 I, Rochelle Zelenka-Diatikar, declare and state as follows: 18 19 1 The statements contained herein are personally known by me to be true and 20 correct, and if called upon as a witness, I could and would competently testify thereto. 21 2. I am employed by the Plaintiff Rocky Top Rentals, LLC., a Limited Liability 22 Company (hereinafter referred to as "Plaintiff"), as a Director Resolution and Recovery. I am the 23 custodian of records for this account, and my current job duties include the supervision and collection 24 of delinquent accounts. 25 3 My job responsibilities as a Director Resolution and Recovery include overseeing 26 delinquent accounts and I maintain responsibility for certain delinquent accounts. In addition, I am the 27 Custodian of Records for Plaintiff for certain files, of which this is one. This is substantiated by the 28 following facts: 1 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION (a) During my employment with Plaintiff I have learned the types of Plaintiff's business records, their nature, purpose, use in the meaning and interpretation of these records. (b) 1 am now charged with the responsibility for maintaining the books and records of Plaintiff as they pertain to the account involved in this case. Thus, I have personal knowledge of the manner and means by which books and records are stored, used and accounted for. 4 All matters pertaining to the accounts are entered into Plaintiff's business records at or near the time of the occurrence of the event recorded therein, such as the recording of payments received on contracts. These records are made in the regular course of Plaintiff's business by designated personnel as part of their official job duties. 10 5 I have personally reviewed the moving party’s records as they relate to the debtor ll in this matter, and all exhibits attached to this declaration are true and correct copies of moving party’s 12 records as they are kept in the ordinary course of business. Further, all the facts set forth herein are 13 based upon my personal knowledge and review of the company’s records. 14 6 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. 7 19 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 8 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 9 Plaintiff has performed all terms and conditions required of it to be performed 27 under the Rental Agreement. However, from and since May 15, 2019, Defendant failed to make the 28 required monthly installments as they became due pursuant to the terms thereof. 2 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION 10. Thereafter, Plaintiff demanded that Defendant return the Storage Building to Plaintiff. However, Defendant refuses to return the Storage Building. fell 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. 12. As a proximate cause of the default of Defendant in performing under the Rental Agreement and refusing to return the Storage Building, Plaintiff was entitled to, and did accelerate, the total due under the Rental Agreement. The amount presently due and owing from said Defendant to Plaintiff is $6,364.11, plus attorney’s fees and costs. 10 13. Plaintiff is informed and believes and thereon alleges that the Storage Building 11 is located at 163 Hurles Circle, Oroville, CA 95966, as this is the where the Storage Building was 12 delivered or Plaintiff's agent has made contact with Defendant at this address. 13 14 I declare under penalty of perjury, under the laws of the State of California, the foregoing to be 15 true and correct. 16 17 Executed wil a n, 0, at. freesboro, T| 18 19 for Rocky Top Rentals, LLC 20 21 22 23 24 25 26 27 28 3 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION EXHIBIT 1 a bo ROCKY TOP RENTALS, LLC P.O. BOX 331584 MURFREESBORO, TENNESSEE 37133 PH: 615-203-3165, i = RENTAL PURCHASE ID DISCLOS! OATE EXECUTED: _10/06/2017_ ‘LESSOR: ROCKY TOP RENTALS, LLC P.O. Box 391684 Murfreesboro, Tennessee 37133 Phone: 615.203-3165. Fa] i CONSUMER: Mork. Milter PHONE: (830) 896-6248 ADORESS: 163 Hurtes Circle Orovide COUNTY: Butte STATE: CA ZIP: For end in consideration of the mutusl covenants and agreements contained herein, the adequacy of which is hereby acknowledged by each party, Lessor hereby leases to CONSUMER and CONSUMER hereby leases from Lessor that cartsin Rented herein, The following la diaciosed to CONSUMER pursuant to the Kametie Rental-Purchase Act, Cal. Civ. Code § 1812.620, at seq., and is # matarial part ofthe parties’ 1, RENTED PROPERTY: __ PORTABLE STORAGE BUILDING: _. Ses Work Order for further description. 2. GOMDION OF RENTED PROPERTY: New [—] or [—X]Used - Model Your_. 3. CASH PRICE OF RENTED PROPERTY: $7,195.00_, plus soles tax. 4. TERME: The term of this Agresment is for one (1) Month, The minimum period the GONSUMER is obligated under this rental purchase ‘agreamént is ote (1) month. The duration of the rental purchase is _38_ months If al regularly scheduled ic payments are made, CONSUMER may reriew thie. for consacutive tars of ane (1) month by making @ renewal rental payment In advance for each CONSUMER wishes to rent the property (prv-tax ront) + $24.18 (Sales 7% an) $357.25 (TOTAL). Sales tex and total payment may ‘change due lo changes In tax law or corrections to tax figured at tine of aato.I condeuEs‘pays more than one payment in advance, such additional payments or overpayments wal apply towerds future rental payments undl the Early Purchase Option is exercised. 7. DUE DATE: Rent is dus on the 45th day of each succeeding month, 8.1 /AYMENTS: IF CONSUMER MAKES thirty-ox (98) monthly payments FOR A TOTAL COST OF _ $11,901.60 _(Plus ealos tax) AND OTHERWISE COMPLIES WITH THIS AGREEMENT, CONSUMER WILL ACQUIRE OWNERSHIP OF THE PROPERTY. The Total of Payments does not indude any other charges ‘mary incur euch #3 late payment fess, tip cheryes, or NSF foes. CONSUMER should read this rental purchase agreement for an explanation of eny applicable additional fees. YOU ARE RENTING THIS PROPERTY. YOU WILL NOT OWN IT UNTIL YOU MAKE ALL OF THE REGULARLY SCHEDULED PAYMENTS OR YOU UBE THE EARLY PURCHASE OPTION. YOU 00 NOT HAVE THE RIGHT TO KEEP THE PROPERTY IF YOU DO NOT MAKE REQUIRED PAYMENTS OR DO NOT USE THE .¥ PURCHASE OPTION. IF YOU MISS A PAYMENT, THE LESSOR CAN ‘THE PROPERTY,BUT, YOU MAY HAVE ‘THE RIGHT TO THE RETURN OF THE SAME OR S8MILAR PROPERTY. ‘SEE THE CONTRACT FOR AN EXPLANATION OF YOUR RIGHTS. CONSUMER shail pay @ tecurity deposit equal lo 1 month's rent for the purpose of satisfying eny lawful claim by ° Saweeritser. LESUOR forfrou amounts reasonably necessary to pay for the loss of the property or the repair of demege, ‘exclusive of reasonable TOTAL OF PAYMENTS: ‘COST OF RENTAL: CASH PRICE: fsiton1.80, ‘avaliable at this price for cash F= fou must pay this amount to own the ‘over cash price you will pey If the LEBBOR, See sbout your early if you make aif the regular make ofl reguier You can buy the property for option rights. under the early option. ‘OF EACH PAYMENT NUMBER OF RENTAL PERIOD month The term of thie PAYMENTS: ie for 1 month. Consumer tre Agreement each month by shite 98) | woNTHLY Page 1 of 4 CONSUMER: ‘Order $7409 v1606:62 aaa sinc serie ROCKY TOP RENTALS, per check soa manteu, vine be inthe event "10, QTHER OTH CHARGES: CO snares mon pay‘ea: ying$5.00, plus asles tax. Ni ne tome of th i Feral $25.00 Purchase ore wTeOrs and any oes aft ymenits any expe ctually by SSOR perty {1 CANCELLATION: CONSUMER has the righ to‘cancel this rental purchese agreement without penaity or obigation i the consumar has hot taken possgssion of the rented property. Se Atanyof time y WITHIN 3 MONTHS from the date of execution ofthis Rental Purchaseprice and eny past dua ‘ownership the leased property by to LESSOR an amount equal to the cish trom the date of execution of this Rental fees lose all periodic payments that the CONSUMER has paid. ‘At any time AFTER 3 MONTHS of ail past due payments and fees and an ‘purchase the rented property the payment of $7,198. ‘amount equal i the cash price ‘under salestax, multipliedby a fraction that has se itsbottom) plus00, numerator (number on top) the number the totel number of periodic of pertodic the agreement andthat has 28 its denominator (number on payments, ; CONSUMER is responsible if property is lost, stolen, damaged, or destroyed and the loss is caused by CONSUMER'S. 13, joni, recktees, or intentional acts. . CiCONSUMER Is responsible if property Is atofen unless there is evidence of a burglary of the of an official report fled by the CONSUMI IER with the police or othor premises in which the property is localed,|, euch as physicalby evidence der of the evidence thetanc e has not committed the CONSUMER. Jaw enforcemen t agency oF the CONSUMER establishes the prepon shell not exceed the lesser of the then ‘or aided or abetted In the commisajon ‘of the theft of the property. However, CONSUMER'S liability the of loss or the amount necessary for CONSUMER to exercise ‘gaxessed fair market value of tha rented property on the thedaterented Purchese Option. CONSUMER is encouraged to Insure property but is not required to purchase insurance Irom LESSOR or any inaurer ownedicontroted by LESSOR. 14. R working order while this agreement is i LESSOR shail maintain the rented property inreckless is dus to CON’ ISUMER’S Intendonel, wiltul, or negligent conduct. If a in effect unless damage to the rented property cots meri of he manufacturer, CONSUMER must contact LE:BOR and equne sah repel. CONSUMER repair Ie related to ranted property, LESSOR wil transfer any available unexpired 18. CONSUMER may Wis Agua without penalty,at any time, by’ ‘surrendering wil owa arty pest due rental payments. the rented property to LESSOR in good repel’. !f CONSUMER: ». I CONSUMER fails to make a timely rental renewal payment. this Agreement terminates | upon einai, with wich ‘caused by agrees to remove any personal property ©. CONSUMER's datault or lapse of time. C£ a an baron rf LESSOR may date wil be deesne andoroned end ‘CONSUMER'S property end sore tat ‘CONSUMER'S riok and acquired dH this. terminates, for any reason, CONSUMER may reinstate | ‘without loving any rights 0 options previously retain bby making of rental and othor payments due by the end of the 10th day eRer the due date of the payment H CONSUMER posseasion of the rented 9, CONSUMER ‘etums the renlad propert y 10 days of the payment due date, the reinstatement period will be within ‘extended lor an additional 1 year eer the dus date of the payment in. ; damaged the rented property ae 9 result ofthe {, CON hasSUM ER stolen or unlawfully disposed‘of the rented property; (3) seperate occasions, wiliful, wanton, or reckless‘conduct; oF dafaulied In making payments on three RS intentional, then CONSUMER forfelts the statutory reinstatement 9. LESSOR may ratleve the rented property during any reinstatement period without CONSUMER'S right to reinstate es fee. ‘tet forth above. CONSUMER reinstates after retuming theProperty, CONSUMER musi pay # redelivery be altored in any way x , CONSUMER shal not permit the rented property to 16. AL the same cannot be removed without ‘and shail not permit the rented property 10 be Bed to or othorwiee affoced to erty real estate suchy that ‘damage to the rented property. Rentodproperty Is not intended for humen or enimal occupanc and CONSUMER will be deemed ia dofaut on Agreement if the rented property ts used as such. 17. , LESSOR shai have the rHghl to examine and Inspect the rented proparty at all entry. cons time of t at the en reasonable times; If entry upon CONSUMER'S premises is necessary, LESSOR shall thes euthorty to place the rented property upon/at this Agresmant, CO! IER le representing to LESSOR: ‘that CONSUMER person having sn inteceet in the real property to delivery address provided to LESSOR by CONSUMER‘and further:‘puthorizes eny and/or property owners, the right to enter ‘but not limited to, landlords ald which the rented property hereunder is set upon, including vi rente d proper ng ty. property for tha purpose of assistingLES SOR in inspecting and/or re mo the Page 2014 ‘CONSUMER: Order 57408 v1606,82 SS coe meng ROCKY TOP RENTALS, LLC LESSOR or LESSOR'S egonts from 18. CONSUMER must not place eny obstructions thal would keep Temoving la rected property if CONSUME R does not renew this re em to eny t LESSOR's writion consent party without third en 19, ASSIGNMENT; CONSUMER may NOT assign any rights underthis AgNS ER have broac hed this and LESSOR will which shall not be unreasonably ‘withheld. tf CONSUMER does: CO willUM have the immediate sel, transter or assign this Agraement ‘without notice of the rented property.LESSOR may to theft and result in criminsi prosecut ion. CONSUMER, Unauthorized sale or transport‘of rented property may ‘conatiu the delivery address. Further, CONSUMER may NOT sell, le TY: The rented property shail be kepl ai UMER doss $0, CONSUMER will hove mortgage, pawn pledge, encumber, of otherwise te dispose of therented property. W CONS n rented ‘sale or transport will have fo pos ses of the sio Agrand eem LESSORent right The RENTED propert y may only be ‘of rented property may constitute theft ond reault ln criminal ‘prosecut ion. by LESSOR, There is @ char togemove ‘the rented property. is responsible for ery pry end al rel state and 2. and will collect from | and will pay erry:Tralee tax which might bo LESSOR retains Sarees ta a reried property a Uee uniess exercis es the early purchase option or acquires Jevied upon the CONS doss notUM ER own the property ‘CONSU MER in good repair and working order rust ‘maintai n the rented property ownership as provided by the terms of this Agreamert. as long as. CONSUMER rents It, + Notwit anythinghs ta containe d in nd in this Agreeme nt g to the contrary, LESSOR shall nat be Keble to ed from 2. e900 of the loss of, damage to oF destruction of any contents contain CONSUMER or to any other parson, firm or corporat ion by of destruction is due 10 | oF the negligenceof ime to time in the rented property, unless euch loss, byed the retrieval and transport of rented property does not LESSOR's agenort{(s ) Damage employee(s). caus property is due to LESSOR's any event, and wavether oF not such loss, damage, oFfairdostruction ‘of the personal property keptin the rentad Habtity shall not excead the marot value of the rented property described herein. la thia regard, that no property said limit of Eabiity ‘shall be placed in or stored in the rented property vearranis and guarantees to LESSOR in excess of ‘other than at CONSUMER sole peril. 'S CONSUMER coos |‘not renew this Agreament, LESSOR UM has the right to take ER 'S costs ened property. If CON SUM does ER not allow LESSOR to do #0, CONS snd court egtpes 10 pay LESSOR costs. By shgning this Agreernort, possession incurredint of tho ‘possession of tho rented property including reasona ble‘ttomoy' s fooe Inclu but not ding real property upon ‘which the rented property CONSUMER aythorizes any person having an interestsaidin the property for the purpose ‘of assistin g LESSOR in retrieva l of the renled property. limited to, tandigrds andlor owners, the right to enter retrieving the rented property or AGREEM G ENT: In the event LESSOR incurs costs or expenses in EN COST OF FORC THISIN R’s breach thereof, LESSOR ‘shall recover from CONSUMER all otherwise enforcing che | terms of this Agreement because of CONSUME to driver trip feos, tatiorers, LESSOR's the costs and expenses by reason thereof, fncluding, but not limited and LESSOR ‘under the terms of this reasonableat /s foes, and court costs, More specifically,if CONSUMER dofeuits in arrears LESSOR has made the tip to retrieve procesds ‘to revleve the rented property, and CONSUM ER then pays the amount ‘ofter $300.00 or 10% of cash the rented property,than CONSUMER shall pay LESSOR, in addition to te payments:io arrears, the sum of price, whichever Is mora, 6 reimbursement of said expenses, :, Should CONSUMER file bankruptcy. CONSUMER'S attomeyCONSUMER must be edvieod that this rental Kamet>| Rental Purchase Act. wll be required to either purchaa s agreeme nt moeta the requirem ents of the ‘assume oF reject this. ‘The true and proper ‘of CONSUMER'S debt 0 LESSOR i¢ #8 an “unexpired loaso/executory contract." The RENTED property Ja not consid ereeasel, to be # personal d , wecured property, or secured asset of Any SUM of ER. listing such could compel LESSOR to fhe for relief of automatic stay in orderto recover therrented property. CON ER that CONSUMER has axamingd the rented property, COND OF THE IT RENTED IO PROPER NTY: LESSOR and CONSUM end that LESSOR hes made 10 re knows ts condition end has agreed fo rac the | property in an “as fo"‘condit ion of purpose of the rented the ‘condition, quality, suitablity, or fitness ‘of promises of any kind or nature, ethor expressed or implied, as to proparty. LESSOR agrees lo transior any manwiacturers and may nat be changed except by a writing +: This Agreement sets forth the parties entire agreement to correctio n by LESSOR, CONSUMER will bo "planed by both parties; however, ‘clorical or other errors made by lot personne l are subject notited W paymaet emount cr related ‘exsential arma are deemed by LESSOR to be in error,If any term or provision is RBogat or invalid for 2. :, Each provis iont isintended to be severable. of this Agreomon penne er of the agreement. " [any ronton whalaoever, the legality oF ivvalidity shall not affect the valkiity of the remaind ngnt rat All claime by any partyariaing out offrel ati to this Agresae ed pleadi represent ng. ‘cepectty and not 96 2 plaintiff or class member in sry purported class or attempx to resolve the dispute through the parties will intialy ita dispute arises under this Agreement, ‘lther the other in @ civil court ‘consuation. the dlepute is not resolved within @ resonable party may bring sult agpinet governed by the s in excesn of $25,000. 00 must be submitted tobinding erbitretion ‘with the imitation that mattor(s) with claimed‘damage promulgated by the American ‘before ant arbitrator located Federal Arbitration Act and in accordance with the rules of wrbiration wi be shared‘equally between tha parties, in Glenn County, Caitomis and mutually agreed-u pon by the portice. T 304 Orddor 57409 v1606.82 sess ss ROCKY TOP RENTALS, LLC o. i: CONSUMER agrees thet LESSOR or its agents, including debt collectors, may g CONSUMER'S piace ‘at any number CONSUMER ‘provides to LESSOR, includin LESSOR at CONSUMER 'Sof place of employment, unless CONSUMER notifies LESSOR in writing to not communicatewith ‘gress thet LESSOR may CONSUMER ff CONSUMER provides LESSOR with a call phone number,or email,regardiess of whether CONSUMER is charged by his using that number and may also ‘contact CONSUMER via taxt massaging end prerecorded messoge or her service provider for the text of call. CONSUMER also agrees 10 bo ‘contacted via automatic dialing ayetom, IN WITNESS WHEREOF, the perties have horaunto efied their signaiures thie the, O§ dey of October. 2017" i LESSOR: ROCKY TOP RENTALS RENTALS, LLC p™ WOTIGE TO CONSUMER - READ BEFORE SIGNING EVEN IF OTHERWISE ADVISED. . DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT, ¢ DO NOT SIGN THS IF IT CONTAINS ANY BLAMK SPACES. ‘© YOU ARE ENTITLED TO AM EXACT COPY OF ANY AGREEMENT YOU SIGN. CONSUMER: REQUIRED REFERENCES: Name: Devon Cazzen Neme: MarkL Miller = : POL (415) 902-0690 S.8.N. Driver's License No: cate Address: _ — — —— Name: Maurice Eduard ChyiStateZip: $$ een Prone Nia: (810) 408-8671; Email Addross: Homg Phone No.: ‘Call Phone No.: Employer Name: Employer Phone No.: — Legal ownerflandiord of the real property where the Leased Property is to be located: Name(s) Owner, Address: —— CtyiStalrip: Homa Phone No.: ae Business Phone No.: ————— (Wuvaiiote) Email Address: hereby effin thet afl statements made herein are true, fpotuel end‘complete to the beet of my knowledge and sre made for the purpose of thie Agreement. of mymy shake alow, Lagos tobe bound by the terme and conditions of this Agreemant. | ioe. Sp oe (FOR INTERNAL OFFIC USE ONLY) ASSIGNMENT enor pee ao a Lee Re ee Its successors and assigns, all rights, tite and interest in this Loose Purchoso Slatarianl, Lessor gives assignee full power, either in its own name or in the Lessor's’namve, to take all lagal ancl ‘other action which the Lessor could have taken under this Agreement, Name: Date: ‘Lessor: Position:, Pega 4 of4 Onder $7400 v1606.62 creed