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 0O$
10 Limited Liability Company,
DECLARATION OF ROCHELLE
11 Plaintiff, ZELENKA-DIATIKAR IN SUPPORT OF
APPLICATION FOR WRIT OF
12 vs. POSSESSION
13 MARK L. MILLER, an individual; and Date: or/b Java Vv
DOES 1 through 10, inclusive, Time: 9; g0an.
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. Iam 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
11 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
11 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!(3 ee (blade. TIL,
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,
RENTAL PURCHASE ID DISCLOS!
OATE EXECUTED: _10/06/2017_
‘LESSOR: ROCKY TOP RENTALS, LLC P.O, Box 331684 Murfreesboro, Tennessee 37133 Phone: 615-203-3165,
CONSUMER: Mork Miller PHONE: (530) 806-6248
ADORESS: 163 HurlesCircle 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 dlaciased to CONSUMER pursuant to the Kametie Rental-Purchase Act, Cal. Civ. Code § 1812.620, et seq., and is # matarial
part ofthe parties’
1, RENTED PROPERTY: __ PORTABLE STORAGE BUILDING:
Ses Work Order for further description.
2. GOMDMON
OF RENTED PROPERTY: New [—] or [—X]Used
- Model Yoor_.
3. CASH PRICE OF RENTED PROPERTY: $7,195.00 _, plus solestax.
4, TERME: The term of this Agreement is for one (1) Month, The minimum period the GONSUMER is obligated under this rental purchase
‘Bgrearént
is ote (1) month.
, The duration of the rental purchase is _38_ months If all regularly scheduled | ic payments
are mace,
CONSUMER
may reciew thie. for consacutive tare 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 Tiax) $357.25 (TOTAL). Sales tex and total payment may
‘change due lo changes in tax iaw or corrections to tax figured at tine of ato.Iconse ‘pays more than one payment in advance,
Such additional payments or overpayments wal apply towards future rental payments und the Early Purchase Option is exerciesd.
7. DUE DATE: Rent is dus on the 48th day of each succeeding month,
8. IF CONSUMER MAKES AGREEMENT, payments FOR A TOTAL COST OF _$11,961.80 (Plus sales
monthly WILL ACQUIRE OWNERSHIP OF THE
thirty abe (98) CONSUMER
tax) AND OTHERWISE COMPL WITH THISIES
PROPERTY. The Total of Payments does not include any other incur such es late payment feos, tip charges,
or NSF foes, CONSUMER should read this rental purchase agreement for an explanation of any applicable additional
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 PAYRENTS 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.
shail pay @ tecurity deposit equal lo 1 month's rent far the purpose of satisfying eny lawful claim by
© weeritser. frou CONSUMER
Se LESGOR forsmounta ressonably 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,
fou must pay this amount to own the ‘avaliable
at this price for cash
‘over cash price you will pey If the LEBBOR,
See sbout your early
if you make aif the regular
You can buy the propertyfor ol reguter
under
the early |
‘OF EACH PAYMENT NUMBEROF RENTAL PERIOD
month The term of the PAYMENTS:
ie for 1 month. Consumer
‘tre Agreement
each month by Sirty-ebs
(98) | woNTHLY
CONSUMER:
‘Order $7409 v1606:62
WhA/ Page
1 of 4
sites
ROCKY TOP RENTALS,
per check soa masieu, vskne e inthe event
"10, OTHER
OTH
CO
CHARGES:
snares compay"ea: yng$5.00,
ne toeme
plus anlos
of th i
$25.00
tax. Ni
aera
Purchase re
sTeOr and any pes aft
ymenite any expe ctually by SSOR
perty
{1 CANCELLATION: CONSUMER has he righ to ‘cancel this rental purchese agreement without penaity or obigation if the consumar has
hot taken possgssion of the rented property.
ee Atany of time y WITHIN S MONTHS from the date of execution ofthis Rental Purchaseprice and any past dua
‘ownership the leased property by to LESSOR an amount equal to the cash
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
salestax, multiplied by a fraction that has se is numerator (number on top) the number
of $7,198.plus00,
‘amount equal ip the cash price ‘under
of pertodic the agreementand that has 28 its denominator (number on bottom) the totel number of periodic
payments.
: CONSUMER Is responsible if property is lost, slolen, damaged, or ‘destroyed
and the loss is caused by CONSUMER'S
13,
joni, acts. . C'CONSUMER Is responsible if property Is atofen unless there
reckdoes, or intentional is evidence of a burglary of the
premises in which the property is located, ‘uch a physicalsby evidence of an official report fled by the CONSUMIIER with the police or othor
Jaw entoroement agency oF the CONSUME} R establishe the prepon der
of the evidence e has not committed
the CONSUMER.
thetanc
oF aided or abetted In the commisajon of the theft of the property. However, CONSUMER'S Babilty the teaser
shell not exoped of the thon
of loss or the amount necessary for CONSUMER to exercise the
‘paxessed fair market value of tha rented property on the thedaterented property but is not required to purchase insurance Irom LESSOR or
Purchese Option. CONSUMER is encouraged to Insure
any inaurer ownedicontrotied by LESSOR.
14. working order while this agreement is
/: LESSOR shail maintain the rented property inreckless
is dus to CON ISUMER’S Intendonel, wilt, or negligentconduct. If a
in effect unless damage to the rented property CONBUMER cots meri of he
repair Ie related to manufactur er, CONSUMER must contact LE:BOR and equne sh repel.
ranted property, LESSOR wil transfer any available unexpired
16.
CONSUMER may tis Agee without penalty,at‘any time, by ‘surrendering
wil owa arty pest due rental payments,
the rented property to
LESSOR in good repel’. i CONSUMER:
». I CONSUMER fails to make a timely rental renewal payment. this Agreement| terminates upon erin, with wich a causedby
grass to remove any personal property
©.
” CONSUMER's datautt or lapse of time. C£ a an baron iT
LESSOR may
date wil be deesne andoroned end
‘CONSUMER'S. property end sore Kat ‘CONSUMER'S riok and acquired
d. this. terminatos, for any reason, CONSUMER may reinstate ‘without loving any rights 0 options previously retain
‘by making of rental and othor payments dus by the eid of the 10th day eRer the due date of the payment K CONSUMER
posseasion of the rented
©. CONSUMER cetums the renlad property within 10 days of the payment due date, the reinstatement period will be
‘extended lor an additional 1 year eer the dus date of the payment in ; damaged the rented property ae 2 result ofthe
1 CONSUMER has stolon or unlawfully deposed ‘of the rented property; (3) separate occasions,
willful, wanton, or reckless ‘conduct; oF dafaulied in making payments on three
R'S intentional,
then CONSUMER forfelts the statutory reinstatement reinstatement period without CONSUMER'S right to reintate es
9. LESSOR may retrieve the rented property during any
‘set forth above. H CONSUMER reinstates after retuming the Property, CONSUMER musi pay a redelivery fee.
way
', CONSUMER shal not permit the rented property to be altored in anywithout
16. AL x the same cannot be removed
‘and shail not permit the rerited property 10 be Bed to or othorwiee affoced to erty real estate such that
‘damage to the rented property. Rentod property Is not intended for humen or enimal occupancy and CONSUMER will be deemed ia
dofaut on Agreement if the rented property ts used as such.
17. 5, LESSOR shat have the right to examine and Inspect the renied proparty at all
entry.
time oft
at the en
cons
reasonable times; If entry upon CONSUMER'S promises is necessary, LESSOR shall thas euthorty to place the rented property uponiat
this Agresmant,CO! IER ie representing
to LESSOR. that CONSUMER
delivery address provided to LESSOR by CONSUMER ‘and further:‘puthorizes any
person having sn inteceet in the real property to
which the: hereunder is set upon, including ‘but not limited to, landlords and/orovi property owners, the right to enter sald
SOR
in inspecting and/or ‘and rem the property.
rented ng
property for tha purpose of assisting LES
‘CONSUMER:
‘Order 57408 v1606,82
mgs 1K. Page 2014
Sy co meng
ROCKY TOP RENTALS, LLC
LESSOR or LESSOR'S egonts from
18. CONSUMER must not place eny obstructions thal would keep
Temoving lia rected property if CONSUME R does not renew this
re em
to eny thirden without LESSOR's
party t writion consent
19, ABSIGNIMENT; CONSUMER may NOT assign any rights under this AgNS ER
have breach ed this and LESSORwill
which shall not be unreasonably ‘withheld. ( CONSUMER does: CO wilUM
have the immediate of the rented property. LESSOR maysel, transter or assign this Agreement ‘without notice to
theft and resuit in criminsl prosecut ion.
e
CONSUMER, Unauthorized sale or transport ‘of rented properly may conatiul the delivery address. Further, CONSUMER may NOT sell,
TY: The rented property shail be kept ai UMER doss $0, CONSUMER will heve
mortgage, pawn pledge, encumber, of otherwise te diepose of the ‘rented property. W CONS n
rented ‘sale oF transport
will have fo pos ses of the
sio
Agreem and LESSORent right
The RENTED propert y may only be
‘of rented property may constitute theft ond reeult ln criminal prosecut ion.
by LESSOR, There is @ charge to move the rented property.
is responsible gy end al rel state and
for ery
2. and will collect from end will pay erry:Trades tax which might bo
LESSOR retains:Neer eta a reried property a Unee unless s the early purchase option or acquires
1. CONSUMER doss not own the property ‘CONSU MER exercise
tevied upon the
‘ownership as provided by the terms of this Agresment. rust ‘maintain the rented property in good repair and working order
as long as. CONSUMER
rents It,
2. +: Notwit hs
anything tain nd
contained intgto the contrary, LESSOR shall nat be Keble to ed from
this Agreemen
te890n of the loss of, damage to oF destruction of any contents contain
CONSUMER or to any other parson, firm or corporation by ‘of destruction 1s due 10 | oF the negligenceof
ime to time in the rented property, unless euch loss, byedthe retrieval and transport of rented property does not
LESSOR's agenort{(s employee()s). Damage caus is due to LESSOR's
any event, and wAvether of not such loss, damage, oFfairdostruction of the porsonal property kept in the rentad property
Habtity shall not excead the marot value of the rented property described | herein. In thia regard,
in or stored in the rented property
vearranis and guarantees to LESSOR that no property in excess of said limit of Eability‘shall be placed
‘other than at CONSUMER sole'S peril.
tf CONSUMER does ‘not renew this Agreament, LESSOR UM has the right to take
S costs
of tho ened property. If CONSUM does ER not allow LESSOR to do #0, CO
snd
NS
court
egmpes
costs.
t0
By signing
ER
pay LESSOR'
this Agreernor t,
possession
incurredint (possession af tho rented property including reasona ble ‘ttomoy' s fooe Including but not
‘which the
real property upon of assisting LESSOR in fobi rented property y
CONSUMER aythorizes any person having an interestsaidin the property for the purpose of he recked
or alpropert
limited to, tandigrds and/or owners, the right to enter expenses in retrieving the rented property or
In the event LESSOR incurs costs orthereof, LESSOR ‘shall recover from CONSUMERall
otherwise | ‘terms of this Agreement because of CONSUMER's breech tabiorers, LESSOR's
Jncluding, but not limited to driver trip feos,
the costs and expenses by reason thereof, if CONSUMER dofauits ‘under the terms of this and LESSOR
reasonobieat /s foes, and court costs, More specifica lly,
and CO NS then UM pays ER
the amount in arrears after LESSOR has made the tip to retrieve
procesds ‘to revleve the rented property, of cash
the rented property, then CONSUMER shall pay LESSOR, in addition to te payments: io arrears, the sum of $300.00 or 10%
price, whichevar Is mora, a reimbursement of seid expenses,
:. Should CONSUMER file bankruptcy. CONSUMER'S attomeyCONSUMER must be edvieod that this rental
Rental ‘Purchase Act. wll be required to either
nt moets the requirem ents of the Kametis
‘egroeme
‘The true and proper ‘CONSUdebt MER 'S 6 88 an “uberpired
to LESSOR loaso/executory
‘assume of reject this property, or sacured asset of
contract." The RENTED property fe not compel considered to be personal exvet, in ordar to recover the-rented property.
CON SUM Any ER.
listing of such could LESSOR to fhe for’‘Tolel of auiomali c stay
ER that CONSUMER has axamingd the rented property,
COND OF THEIT RENTED IO N Y: LESSOR and CONSUM
PROPERT end that LESSOR has made 10 re
knows ts condition and has agroed fo rack the |property in an “as fo"‘conditi on
fitness of purpose of the rented
the ‘condition, quality, suitablity, or
‘of promises of any Kind or nature, ethor expressed or implied, a8 to
proparty. LESSOR agrees lo transfor any manwiachurers may nat be changed except by a writing
+: This Agreement sets forth the parties entire agreementot and
correctio n by LESSOR. CONSUMER will bo
" planed by both parties; however, ‘lorical or other errors made by lot personnel are subject
notited W paymaet emount cr related ‘exsential arma are deemed by LESSOR to be in error,If any term or provision is Bogat or invalid for
2. :, Each provision of this Agreomontisintended to be severable. r of the agreement.
" Tuny ronton whalaoever, the legality or invalidity shall not affect the valkiity of the remainde nt raat
All claime by any party ariaing out offrelating to this Agresne
‘capacity and not 96 a plaintiff or class member in sry purported class or
ed
pleadi
represent ng.
attempx
parties will intiay to resolve
penne
the dispute through
ita dispute arises under this Agreement, the‘ther party may bring sult ageinet the other in @ civil court
‘consukation. I the dlepute is not resolved within @ ressonable
$25,000.0 0 must be submitted to texbtr ation gover ned by the
in excean of
‘wit the imitation that mattor(s) with claimed ‘damages promulgated by the American ‘before ant arbitrator located
rules
Federal Arbliration Act and in accordance with the pon
Caitomia and mutually agreed-u by the portice. T of arbitration wil be shared equally between tha parties,
in Glenn County,
304
Orddor 57409 v1606.82
perce west
$$
es
ROCKY TOP RENTALS, LLC
wu. : CONSUMER agrees thetLESSOR or its agents, including debtCONSU collectors, may
MER'Splac
‘at any number CONSUMER ‘provides to LESSOR, including
LESSOR at CONSUMER 'Sof
place
of employment, unless CONSUMER notifies LESSOR in writing to not communicate with‘agrees thet LESSOR may CONSUMER
ff CONSUMER provides LESSOR with a call phone number, of whether CONSUMER is charged by his:
using that number and may also ‘contact CONSUMER via taxt massaging or email,d regardiess end prerecorded messoge
or her service provider for the text or call. CONSUMER also agrees 10 bo:‘contacte via automatic dialing
i
i
ayetom,
IN WITNESS WHEREOF, the pertios have hereunto efed their signaiures thie the O§ day of October. 2017"
LESSOR: ROCKY TOP RENTALS RENTALS, LLC
p™ NOTICE TO CONSUMER - READ BEFORE SIGNING
EVEN IF OTHERWISE ADVISED.
. DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT,
¢ DO NOT SIGN THiS IF IT CONTAINS ANY BLANK SPACES. YOU SIGN.
© YOU ARE ENTITLED TO AM EXACT COPY OF ANY AGREEMENT
CONSUMER: REQUIRED REFERENCES:
Name: Devon Cazzen
Neme: Mark
L Miller ‘Phone.:. (418) 902-0690
SBN.
Driver's License No.:
Name:
—_————_ Maurice Ediaard
Email Addross:
408-0674;
PhoneNo (S40)
Home Phone No.:
‘Cal Phone No.
Employer Name:
Employer Phone No.:
Legal ownerilandiord of the real property where the Leased Property is to be located:
Name(s) Ouner
Address:
CtyiStalrip:
Homa Phone No.: 4630) 966-3139,
Business Phone No.:
(Wuvaiiole)
Email Address:
Thereby affirn thet all 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, agen tobe bound by the terme and conditions of this Agreement. |
cease. DN os
(FOR INTERNAL OFFIC! USE ONLY)
ASSIGNMENT
aos a
Lee Oe ee {ts successors and assigns, all rights, tite and interest in this Loose Purchoso
Blatarianl, Lessor gives assignee ful power, either in its own name or in the Lessor's’name, to take all lagal ancl
‘other action which the Lessor could have taken under this Agreement,
Name:
Date:
‘Lessor:
Position:
Pega
4 of4
‘Order $7400 vi606 82
crecendt
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 0O$ 10 Limited Liability Company, DECLARATION OF ROCHELLE 11 Plaintiff, ZELENKA-DIATIKAR IN SUPPORT OF APPLICATION FOR WRIT OF 12 vs. POSSESSION 13 MARK L. MILLER, an individual; and Date: or/b Java Vv DOES 1 through 10, inclusive, Time: 9; g0an. 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. Iam 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 11 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 11 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!(3 ee (blade. TIL, 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, RENTAL PURCHASE ID DISCLOS! OATE EXECUTED: _10/06/2017_ ‘LESSOR: ROCKY TOP RENTALS, LLC P.O, Box 331684 Murfreesboro, Tennessee 37133 Phone: 615-203-3165, CONSUMER: Mork Miller PHONE: (530) 806-6248 ADORESS: 163 HurlesCircle 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 dlaciased to CONSUMER pursuant to the Kametie Rental-Purchase Act, Cal. Civ. Code § 1812.620, et seq., and is # matarial part ofthe parties’ 1, RENTED PROPERTY: __ PORTABLE STORAGE BUILDING: Ses Work Order for further description. 2. GOMDMON OF RENTED PROPERTY: New [—] or [—X]Used - Model Yoor_. 3. CASH PRICE OF RENTED PROPERTY: $7,195.00 _, plus solestax. 4, TERME: The term of this Agreement is for one (1) Month, The minimum period the GONSUMER is obligated under this rental purchase ‘Bgrearént is ote (1) month. , The duration of the rental purchase is _38_ months If all regularly scheduled | ic payments are mace, CONSUMER may reciew thie. for consacutive tare 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 Tiax) $357.25 (TOTAL). Sales tex and total payment may ‘change due lo changes in tax iaw or corrections to tax figured at tine of ato.Iconse ‘pays more than one payment in advance, Such additional payments or overpayments wal apply towards future rental payments und the Early Purchase Option is exerciesd. 7. DUE DATE: Rent is dus on the 48th day of each succeeding month, 8. IF CONSUMER MAKES AGREEMENT, payments FOR A TOTAL COST OF _$11,961.80 (Plus sales monthly WILL ACQUIRE OWNERSHIP OF THE thirty abe (98) CONSUMER tax) AND OTHERWISE COMPL WITH THISIES PROPERTY. The Total of Payments does not include any other incur such es late payment feos, tip charges, or NSF foes, CONSUMER should read this rental purchase agreement for an explanation of any applicable additional 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 PAYRENTS 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. shail pay @ tecurity deposit equal lo 1 month's rent far the purpose of satisfying eny lawful claim by © weeritser. frou CONSUMER Se LESGOR forsmounta ressonably 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, fou must pay this amount to own the ‘avaliable at this price for cash ‘over cash price you will pey If the LEBBOR, See sbout your early if you make aif the regular You can buy the propertyfor ol reguter under the early | ‘OF EACH PAYMENT NUMBEROF RENTAL PERIOD month The term of the PAYMENTS: ie for 1 month. Consumer ‘tre Agreement each month by Sirty-ebs (98) | woNTHLY CONSUMER: ‘Order $7409 v1606:62 WhA/ Page 1 of 4 sites ROCKY TOP RENTALS, per check soa masieu, vskne e inthe event "10, OTHER OTH CO CHARGES: snares compay"ea: yng$5.00, ne toeme plus anlos of th i $25.00 tax. Ni aera Purchase re sTeOr and any pes aft ymenite any expe ctually by SSOR perty {1 CANCELLATION: CONSUMER has he righ to ‘cancel this rental purchese agreement without penaity or obigation if the consumar has hot taken possgssion of the rented property. ee Atany of time y WITHIN S MONTHS from the date of execution ofthis Rental Purchaseprice and any past dua ‘ownership the leased property by to LESSOR an amount equal to the cash 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 salestax, multiplied by a fraction that has se is numerator (number on top) the number of $7,198.plus00, ‘amount equal ip the cash price ‘under of pertodic the agreementand that has 28 its denominator (number on bottom) the totel number of periodic payments. : CONSUMER Is responsible if property is lost, slolen, damaged, or ‘destroyed and the loss is caused by CONSUMER'S 13, joni, acts. . C'CONSUMER Is responsible if property Is atofen unless there reckdoes, or intentional is evidence of a burglary of the premises in which the property is located, ‘uch a physicalsby evidence of an official report fled by the CONSUMIIER with the police or othor Jaw entoroement agency oF the CONSUME} R establishe the prepon der of the evidence e has not committed the CONSUMER. thetanc oF aided or abetted In the commisajon of the theft of the property. However, CONSUMER'S Babilty the teaser shell not exoped of the thon of loss or the amount necessary for CONSUMER to exercise the ‘paxessed fair market value of tha rented property on the thedaterented property but is not required to purchase insurance Irom LESSOR or Purchese Option. CONSUMER is encouraged to Insure any inaurer ownedicontrotied by LESSOR. 14. working order while this agreement is /: LESSOR shail maintain the rented property inreckless is dus to CON ISUMER’S Intendonel, wilt, or negligentconduct. If a in effect unless damage to the rented property CONBUMER cots meri of he repair Ie related to manufactur er, CONSUMER must contact LE:BOR and equne sh repel. ranted property, LESSOR wil transfer any available unexpired 16. CONSUMER may tis Agee without penalty,at‘any time, by ‘surrendering wil owa arty pest due rental payments, the rented property to LESSOR in good repel’. i CONSUMER: ». I CONSUMER fails to make a timely rental renewal payment. this Agreement| terminates upon erin, with wich a causedby grass to remove any personal property ©. ” CONSUMER's datautt or lapse of time. C£ a an baron iT LESSOR may date wil be deesne andoroned end ‘CONSUMER'S. property end sore Kat ‘CONSUMER'S riok and acquired d. this. terminatos, for any reason, CONSUMER may reinstate ‘without loving any rights 0 options previously retain ‘by making of rental and othor payments dus by the eid of the 10th day eRer the due date of the payment K CONSUMER posseasion of the rented ©. CONSUMER cetums the renlad property within 10 days of the payment due date, the reinstatement period will be ‘extended lor an additional 1 year eer the dus date of the payment in ; damaged the rented property ae 2 result ofthe 1 CONSUMER has stolon or unlawfully deposed ‘of the rented property; (3) separate occasions, willful, wanton, or reckless ‘conduct; oF dafaulied in making payments on three R'S intentional, then CONSUMER forfelts the statutory reinstatement reinstatement period without CONSUMER'S right to reintate es 9. LESSOR may retrieve the rented property during any ‘set forth above. H CONSUMER reinstates after retuming the Property, CONSUMER musi pay a redelivery fee. way ', CONSUMER shal not permit the rented property to be altored in anywithout 16. AL x the same cannot be removed ‘and shail not permit the rerited property 10 be Bed to or othorwiee affoced to erty real estate such that ‘damage to the rented property. Rentod property Is not intended for humen or enimal occupancy and CONSUMER will be deemed ia dofaut on Agreement if the rented property ts used as such. 17. 5, LESSOR shat have the right to examine and Inspect the renied proparty at all entry. time oft at the en cons reasonable times; If entry upon CONSUMER'S promises is necessary, LESSOR shall thas euthorty to place the rented property uponiat this Agresmant,CO! IER ie representing to LESSOR. that CONSUMER delivery address provided to LESSOR by CONSUMER ‘and further:‘puthorizes any person having sn inteceet in the real property to which the: hereunder is set upon, including ‘but not limited to, landlords and/orovi property owners, the right to enter sald SOR in inspecting and/or ‘and rem the property. rented ng property for tha purpose of assisting LES ‘CONSUMER: ‘Order 57408 v1606,82 mgs 1K. Page 2014 Sy co meng ROCKY TOP RENTALS, LLC LESSOR or LESSOR'S egonts from 18. CONSUMER must not place eny obstructions thal would keep Temoving lia rected property if CONSUME R does not renew this re em to eny thirden without LESSOR's party t writion consent 19, ABSIGNIMENT; CONSUMER may NOT assign any rights under this AgNS ER have breach ed this and LESSORwill which shall not be unreasonably ‘withheld. ( CONSUMER does: CO wilUM have the immediate of the rented property. LESSOR maysel, transter or assign this Agreement ‘without notice to theft and resuit in criminsl prosecut ion. e CONSUMER, Unauthorized sale or transport ‘of rented properly may conatiul the delivery address. Further, CONSUMER may NOT sell, TY: The rented property shail be kept ai UMER doss $0, CONSUMER will heve mortgage, pawn pledge, encumber, of otherwise te diepose of the ‘rented property. W CONS n rented ‘sale oF transport will have fo pos ses of the sio Agreem and LESSORent right The RENTED propert y may only be ‘of rented property may constitute theft ond reeult ln criminal prosecut ion. by LESSOR, There is @ charge to move the rented property. is responsible gy end al rel state and for ery 2. and will collect from end will pay erry:Trades tax which might bo LESSOR retains:Neer eta a reried property a Unee unless s the early purchase option or acquires 1. CONSUMER doss not own the property ‘CONSU MER exercise tevied upon the ‘ownership as provided by the terms of this Agresment. rust ‘maintain the rented property in good repair and working order as long as. CONSUMER rents It, 2. +: Notwit hs anything tain nd contained intgto the contrary, LESSOR shall nat be Keble to ed from this Agreemen te890n of the loss of, damage to oF destruction of any contents contain CONSUMER or to any other parson, firm or corporation by ‘of destruction 1s due 10 | oF the negligenceof ime to time in the rented property, unless euch loss, byedthe retrieval and transport of rented property does not LESSOR's agenort{(s employee()s). Damage caus is due to LESSOR's any event, and wAvether of not such loss, damage, oFfairdostruction of the porsonal property kept in the rentad property Habtity shall not excead the marot value of the rented property described | herein. In thia regard, in or stored in the rented property vearranis and guarantees to LESSOR that no property in excess of said limit of Eability‘shall be placed ‘other than at CONSUMER sole'S peril. tf CONSUMER does ‘not renew this Agreament, LESSOR UM has the right to take S costs of tho ened property. If CONSUM does ER not allow LESSOR to do #0, CO snd NS court egmpes costs. t0 By signing ER pay LESSOR' this Agreernor t, possession incurredint (possession af tho rented property including reasona ble ‘ttomoy' s fooe Including but not ‘which the real property upon of assisting LESSOR in fobi rented property y CONSUMER aythorizes any person having an interestsaidin the property for the purpose of he recked or alpropert limited to, tandigrds and/or owners, the right to enter expenses in retrieving the rented property or In the event LESSOR incurs costs orthereof, LESSOR ‘shall recover from CONSUMERall otherwise | ‘terms of this Agreement because of CONSUMER's breech tabiorers, LESSOR's Jncluding, but not limited to driver trip feos, the costs and expenses by reason thereof, if CONSUMER dofauits ‘under the terms of this and LESSOR reasonobieat /s foes, and court costs, More specifica lly, and CO NS then UM pays ER the amount in arrears after LESSOR has made the tip to retrieve procesds ‘to revleve the rented property, of cash the rented property, then CONSUMER shall pay LESSOR, in addition to te payments: io arrears, the sum of $300.00 or 10% price, whichevar Is mora, a reimbursement of seid expenses, :. Should CONSUMER file bankruptcy. CONSUMER'S attomeyCONSUMER must be edvieod that this rental Rental ‘Purchase Act. wll be required to either nt moets the requirem ents of the Kametis ‘egroeme ‘The true and proper ‘CONSUdebt MER 'S 6 88 an “uberpired to LESSOR loaso/executory ‘assume of reject this property, or sacured asset of contract." The RENTED property fe not compel considered to be personal exvet, in ordar to recover the-rented property. CON SUM Any ER. listing of such could LESSOR to fhe for’‘Tolel of auiomali c stay ER that CONSUMER has axamingd the rented property, COND OF THEIT RENTED IO N Y: LESSOR and CONSUM PROPERT end that LESSOR has made 10 re knows ts condition and has agroed fo rack the |property in an “as fo"‘conditi on fitness of purpose of the rented the ‘condition, quality, suitablity, or ‘of promises of any Kind or nature, ethor expressed or implied, a8 to proparty. LESSOR agrees lo transfor any manwiachurers may nat be changed except by a writing +: This Agreement sets forth the parties entire agreementot and correctio n by LESSOR. CONSUMER will bo " planed by both parties; however, ‘lorical or other errors made by lot personnel are subject notited W paymaet emount cr related ‘exsential arma are deemed by LESSOR to be in error,If any term or provision is Bogat or invalid for 2. :, Each provision of this Agreomontisintended to be severable. r of the agreement. " Tuny ronton whalaoever, the legality or invalidity shall not affect the valkiity of the remainde nt raat All claime by any party ariaing out offrelating to this Agresne ‘capacity and not 96 a plaintiff or class member in sry purported class or ed pleadi represent ng. attempx parties will intiay to resolve penne the dispute through ita dispute arises under this Agreement, the‘ther party may bring sult ageinet the other in @ civil court ‘consukation. I the dlepute is not resolved within @ ressonable $25,000.0 0 must be submitted to texbtr ation gover ned by the in excean of ‘wit the imitation that mattor(s) with claimed ‘damages promulgated by the American ‘before ant arbitrator located rules Federal Arbliration Act and in accordance with the pon Caitomia and mutually agreed-u by the portice. T of arbitration wil be shared equally between tha parties, in Glenn County, 304 Orddor 57409 v1606.82 perce west $$ es ROCKY TOP RENTALS, LLC wu. : CONSUMER agrees thetLESSOR or its agents, including debtCONSU collectors, may MER'Splac ‘at any number CONSUMER ‘provides to LESSOR, including LESSOR at CONSUMER 'Sof place of employment, unless CONSUMER notifies LESSOR in writing to not communicate with‘agrees thet LESSOR may CONSUMER ff CONSUMER provides LESSOR with a call phone number, of whether CONSUMER is charged by his: using that number and may also ‘contact CONSUMER via taxt massaging or email,d regardiess end prerecorded messoge or her service provider for the text or call. CONSUMER also agrees 10 bo:‘contacte via automatic dialing i i ayetom, IN WITNESS WHEREOF, the pertios have hereunto efed their signaiures thie the O§ day of October. 2017" LESSOR: ROCKY TOP RENTALS RENTALS, LLC p™ NOTICE TO CONSUMER - READ BEFORE SIGNING EVEN IF OTHERWISE ADVISED. . DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT, ¢ DO NOT SIGN THiS IF IT CONTAINS ANY BLANK SPACES. YOU SIGN. © YOU ARE ENTITLED TO AM EXACT COPY OF ANY AGREEMENT CONSUMER: REQUIRED REFERENCES: Name: Devon Cazzen Neme: Mark L Miller ‘Phone.:. (418) 902-0690 SBN. Driver's License No.: Name: —_————_ Maurice Ediaard Email Addross: 408-0674; PhoneNo (S40) Home Phone No.: ‘Cal Phone No. Employer Name: Employer Phone No.: Legal ownerilandiord of the real property where the Leased Property is to be located: Name(s) Ouner Address: CtyiStalrip: Homa Phone No.: 4630) 966-3139, Business Phone No.: (Wuvaiiole) Email Address: Thereby affirn thet all 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, agen tobe bound by the terme and conditions of this Agreement. | cease. DN os (FOR INTERNAL OFFIC! USE ONLY) ASSIGNMENT aos a Lee Oe ee {ts successors and assigns, all rights, tite and interest in this Loose Purchoso Blatarianl, Lessor gives assignee ful power, either in its own name or in the Lessor's’name, to take all lagal ancl ‘other action which the Lessor could have taken under this Agreement, Name: Date: ‘Lessor: Position: Pega 4 of4 ‘Order $7400 vi606 82 crecendt