Preview
GARY DEAN LOBEL CBN 105983 “mus
RONALD J. GREEN JR. CBN 177043 Electronically Filed
SHIAO«WEN HUANG CBN 211357
1150 N. MAGNOLIA AVE. 11/7/2019 10:07 AM
ANAHEIM, CA 92801-2605 Superior Court of California
(714) 995-3333 County of Stanislaus
Clerk of the Court
Attorneys for Plaintiff, By: Narelly Garcia, Deputy
LOBEL FINANCIAL CORPORATION
$370 PAID
SUPERIOR COURT, COUNTY OF STANISLAUS
STANISLAUS JUDICIAL DISTRICT
10 CV-19-006712
LOBEL FINANCIAL CORP., Case No.
California Corporation,
ll a
Complaint for Money; Account Stated
12 Plaintiff, and Open Book Account
vs.
l3 (Collection rule 3.740)
CHRISTOPHER GONZALEZ
l4 Demand is
vvvvvvvvvuquVvvu
for $12,736.84
15
Limited Civil
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Does l to 10
l7
Defendant(s)
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20 Plaintiff complains and alleges as follows:
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1. At all times herein mentioned Plaintiff was and now is a
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corporation duly organized and existing under and by virtue of the laws of
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the State of California.
25 2. The true names of Defendants Does 1 to 10, are unknown to Plaintiff
26 and they are therefore sued herein under the foregoing names,
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28
‘
Complaint for Money
Laohd
‘1-
Financial Freeland, John D
Carpal-alien meannEMHammmmlmn
Dept. 23
mammal .mmmnmammuunu
which are fictitious, and upon ascertaining their names, leave'will
be asked to amend this complaint by inserting the same.
3. Each Defendant named.above is a natural person.
4. This action is subject to Civil Code Section 2984.4.
5. This action is filed in this judicial district because the
Defendant(s) entered into the contract here.
First Cause of Action
Breach of Contract
6. Plaintiff realleges paragraphs 1 through 5 as though fully set
lO V
forth herein.
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7. Plaintiff is the assidnee of a motor vehicle contract and
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security agreement, pursuant to which Defendant(s) purchased a 07
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Chevrolet Tahoe, Vin. No 1GNFC13017R270693.
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8. On or about February 28, 2019, and thereafter, the Defendant(s)
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breached said contract by failing to make payments due under the terms of
l6
the attached contract.
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9. Plaintiff has made demand uponvDefendant(s) for payment of all
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arrearages due pursuant to the terms of said contract and also made demand
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lupon Defendant for return of the vehicle pursuant to the terms of the
20
contract, but Defendant has failed and refused to'either pay the amounts
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due pursuant to the terms of the contract or return the vehicle as
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demanded.
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10. As approximate result of Defendant(s) breach of the above
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referenced contract, Plaintiff has been damaged in the sum of $12,736.84,
25
plus interest at the rate of 21.99% since 06/27/19. All unearned interest
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and other rebates have been credited.
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28
Complaint for Money
I .obel
-2..
Financ i al
Corpomion
ll. The contract provides that in the event of litigation the
prevailing party shall be entitled to an award of attorney fees.
Plaintiff has incurred and will continue to incur attorney fees in
enforcing its rights under the terms of the attached contract.
Second Cause of Action
Common Count: Account Stated
12. Plaintiff realleges paragraphs l through ll as though fully set
forth herein.
l3. On or about December 14,12017, an account was stated in writing
10
by and between Plaintiff's predecessor—in—interest and Defendant and on
ll
such statement a balance of $ 20,877.48 payable in monthly installments of
12
$386.62 commencing January 28, 2018, was found due to Plaintiff from
l3
Defendant.
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l4. Defendant(s) by words or conduct, agreed that the amount stated
15
16
in the account was the correct amount owed to Plaintiff and promised to
l7 pay the stated amount to Plaintiff. Although demanded by Plaintiff,.
18 Defendant(s) has not paid the'agreed balance.
l9 15. There is now due, owing, and unpaid from Defendant(s) to
20 Plaintiff the sum of $12,736.84, together with interest thereon at the
21 rate of 21.99 percent per year.
22 l6. Plaintiff has incurred attorney’s fees in connection with this
23 matter,the sum of $772.00 being a reasonable sum in the event this matter
24 proceeds as a default.
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Complaint for Money
Lobe]
-3-
Financial
Corporation
Third Cause of Action
Common Count: Open Book Account
17. Plaintiff realleges paragraphs 1 through 16 as though fully set
forth herein.
18. Plaintiff claims that Defendant(s) owes it money on an open book
account.
l9. Within the last four years, Defendant(s) became indebted to
Plaintiff on an open book account for money due in the sum of
10 $20,877.48 for the subject vehicle sold and delivered by Plaintiff’s
11 predecessor—in—interest to Defendant(s) at his/her special instance and
12 request, and for which Defendant(s) agreed to pay the above sum of
l3 20,877.48 payable in monthly installments of $386.62 commencing January
l4 28, 2018.
15
20. Plaintiff has kept an account of the debits and credits involved
16
in the transaction(s).
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21. The whole of the above sum has not been paid, although a demand
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therefor has been made, and there is now due, owing, and unpaid the sum of
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$ 12,736.84, with interest thereon at the rate of 21.99 percent per annum
20
from December 14, 2017.
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22. Plaintiff has incurred attorney’s fees in connection with this
22
matter, the sum of $772.00 being a reasonable sum in the event this matter
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proceeds as a default, which fees Plaintiff is entitled to recover from
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Defendant pursuant to Civil Code Section 1717.5.
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Complaint for Money
[Abel
-4-
an ndal
Corpomion
Fourth Cause of Action
For Possession of Collaeral (U. Com. Code. §9501, §9503; CCP §667)
23. Plaintiff realleges paragraphs l through 22 as though fully set
forth herein.
24. Plaintiff is informed and believes and upon such information and
belief alleges that the subject vehicle (collateral) is located in a
private place at lOl N Kingston St, San Mateo, Ca 94401.
25. Plaintiff has declared Defendant(s) in default under the terms
lO
of the subject contract.
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26. Plaintiff has performed all obligations, and all conditions
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precedent under the subject contract have occurred, thereby entitling
l3
Plaintiff to possession of the vehicle under Commercial Code §9SOl, §9503,
14
and Code of Civil Procedure §667.
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l6 relief
WHEREFORE after this Plaintiff prays for as follows;
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ON THE FIRST, SECOND AND THIRD CAUSES OF ACTION;
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A For Plaintiff compensatory damages in the sum of $12,736.84, and
l9
plus.interest at the rate of 21.99% since 06/27/19.
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ON THE FOURTH CAUSE OF ACTION
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B. For judgment for possession of the subject vehicle;
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C. For an order that the vehicle, which is the subject of this
23
action, be sold and the proceeds applied towards the satisfaction of
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payment of expenses of sale, the amount owed onAsubject contract,
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attorneys fees, and costs.
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28
Complaint for Money
Label
_5_
Financial
Corporation
AS TO ALL CAUSES OF ACTIONS;
D. For attorneys fees of $772.00;
E. For cost of suit;
F. Interest at the rate provided on the subject contract at the rate
of 21.99% since 06/27/19;
G. For such other and further relief as this court deems just and
proper.
Dated: 9/11/19
10 Gary
Ronald
Dean
J.
Lobel
Green
M()
Jr. <)
ll Shiao-Wen Huang (/)
Attorneys for Lobel Financial Corp.
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15
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l7
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Complaint for Money
Label
-6-
Financial
Corpcntion
Preview
GARY DEAN LOBEL CBN 105983 “mus RONALD J. GREEN JR. CBN 177043 Electronically Filed SHIAO«WEN HUANG CBN 211357 1150 N. MAGNOLIA AVE. 11/7/2019 10:07 AM ANAHEIM, CA 92801-2605 Superior Court of California (714) 995-3333 County of Stanislaus Clerk of the Court Attorneys for Plaintiff, By: Narelly Garcia, Deputy LOBEL FINANCIAL CORPORATION $370 PAID SUPERIOR COURT, COUNTY OF STANISLAUS STANISLAUS JUDICIAL DISTRICT 10 CV-19-006712 LOBEL FINANCIAL CORP., Case No. California Corporation, ll a Complaint for Money; Account Stated 12 Plaintiff, and Open Book Account vs. l3 (Collection rule 3.740) CHRISTOPHER GONZALEZ l4 Demand is vvvvvvvvvuquVvvu for $12,736.84 15 Limited Civil 16 Does l to 10 l7 Defendant(s) 18 19 20 Plaintiff complains and alleges as follows: 21 1. At all times herein mentioned Plaintiff was and now is a 22 corporation duly organized and existing under and by virtue of the laws of 23 24 the State of California. 25 2. The true names of Defendants Does 1 to 10, are unknown to Plaintiff 26 and they are therefore sued herein under the foregoing names, 27 28 ‘ Complaint for Money Laohd ‘1- Financial Freeland, John D Carpal-alien meannEMHammmmlmn Dept. 23 mammal .mmmnmammuunu which are fictitious, and upon ascertaining their names, leave'will be asked to amend this complaint by inserting the same. 3. Each Defendant named.above is a natural person. 4. This action is subject to Civil Code Section 2984.4. 5. This action is filed in this judicial district because the Defendant(s) entered into the contract here. First Cause of Action Breach of Contract 6. Plaintiff realleges paragraphs 1 through 5 as though fully set lO V forth herein. 11 7. Plaintiff is the assidnee of a motor vehicle contract and l2 security agreement, pursuant to which Defendant(s) purchased a 07 l3 Chevrolet Tahoe, Vin. No 1GNFC13017R270693. 14 8. On or about February 28, 2019, and thereafter, the Defendant(s) 15 breached said contract by failing to make payments due under the terms of l6 the attached contract. 17 9. Plaintiff has made demand uponvDefendant(s) for payment of all 18 arrearages due pursuant to the terms of said contract and also made demand 19 lupon Defendant for return of the vehicle pursuant to the terms of the 20 contract, but Defendant has failed and refused to'either pay the amounts 21 due pursuant to the terms of the contract or return the vehicle as 22 demanded. 23 10. As approximate result of Defendant(s) breach of the above 24 referenced contract, Plaintiff has been damaged in the sum of $12,736.84, 25 plus interest at the rate of 21.99% since 06/27/19. All unearned interest 26 and other rebates have been credited. 27 28 Complaint for Money I .obel -2.. Financ i al Corpomion ll. The contract provides that in the event of litigation the prevailing party shall be entitled to an award of attorney fees. Plaintiff has incurred and will continue to incur attorney fees in enforcing its rights under the terms of the attached contract. Second Cause of Action Common Count: Account Stated 12. Plaintiff realleges paragraphs l through ll as though fully set forth herein. l3. On or about December 14,12017, an account was stated in writing 10 by and between Plaintiff's predecessor—in—interest and Defendant and on ll such statement a balance of $ 20,877.48 payable in monthly installments of 12 $386.62 commencing January 28, 2018, was found due to Plaintiff from l3 Defendant. 14 l4. Defendant(s) by words or conduct, agreed that the amount stated 15 16 in the account was the correct amount owed to Plaintiff and promised to l7 pay the stated amount to Plaintiff. Although demanded by Plaintiff,. 18 Defendant(s) has not paid the'agreed balance. l9 15. There is now due, owing, and unpaid from Defendant(s) to 20 Plaintiff the sum of $12,736.84, together with interest thereon at the 21 rate of 21.99 percent per year. 22 l6. Plaintiff has incurred attorney’s fees in connection with this 23 matter,the sum of $772.00 being a reasonable sum in the event this matter 24 proceeds as a default. 25 26 27 28 Complaint for Money Lobe] -3- Financial Corporation Third Cause of Action Common Count: Open Book Account 17. Plaintiff realleges paragraphs 1 through 16 as though fully set forth herein. 18. Plaintiff claims that Defendant(s) owes it money on an open book account. l9. Within the last four years, Defendant(s) became indebted to Plaintiff on an open book account for money due in the sum of 10 $20,877.48 for the subject vehicle sold and delivered by Plaintiff’s 11 predecessor—in—interest to Defendant(s) at his/her special instance and 12 request, and for which Defendant(s) agreed to pay the above sum of l3 20,877.48 payable in monthly installments of $386.62 commencing January l4 28, 2018. 15 20. Plaintiff has kept an account of the debits and credits involved 16 in the transaction(s). 17 21. The whole of the above sum has not been paid, although a demand 18 therefor has been made, and there is now due, owing, and unpaid the sum of 19 $ 12,736.84, with interest thereon at the rate of 21.99 percent per annum 20 from December 14, 2017. 21 22. Plaintiff has incurred attorney’s fees in connection with this 22 matter, the sum of $772.00 being a reasonable sum in the event this matter 23 proceeds as a default, which fees Plaintiff is entitled to recover from 24 Defendant pursuant to Civil Code Section 1717.5. 25 26 27 28 Complaint for Money [Abel -4- an ndal Corpomion Fourth Cause of Action For Possession of Collaeral (U. Com. Code. §9501, §9503; CCP §667) 23. Plaintiff realleges paragraphs l through 22 as though fully set forth herein. 24. Plaintiff is informed and believes and upon such information and belief alleges that the subject vehicle (collateral) is located in a private place at lOl N Kingston St, San Mateo, Ca 94401. 25. Plaintiff has declared Defendant(s) in default under the terms lO of the subject contract. 11 26. Plaintiff has performed all obligations, and all conditions 12 precedent under the subject contract have occurred, thereby entitling l3 Plaintiff to possession of the vehicle under Commercial Code §9SOl, §9503, 14 and Code of Civil Procedure §667. 15 l6 relief WHEREFORE after this Plaintiff prays for as follows; 17 ON THE FIRST, SECOND AND THIRD CAUSES OF ACTION; 18 A For Plaintiff compensatory damages in the sum of $12,736.84, and l9 plus.interest at the rate of 21.99% since 06/27/19. 20 ON THE FOURTH CAUSE OF ACTION 21 B. For judgment for possession of the subject vehicle; 22 C. For an order that the vehicle, which is the subject of this 23 action, be sold and the proceeds applied towards the satisfaction of 24 payment of expenses of sale, the amount owed onAsubject contract, 25 attorneys fees, and costs. 26 27 28 Complaint for Money Label _5_ Financial Corporation AS TO ALL CAUSES OF ACTIONS; D. For attorneys fees of $772.00; E. For cost of suit; F. Interest at the rate provided on the subject contract at the rate of 21.99% since 06/27/19; G. For such other and further relief as this court deems just and proper. Dated: 9/11/19 10 Gary Ronald Dean J. Lobel Green M() Jr. <) ll Shiao-Wen Huang (/) Attorneys for Lobel Financial Corp. 12 l3 14 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 Complaint for Money Label -6- Financial Corpcntion