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Alicia L. Hinton, SBN 292849
LAW OFFICE OF A.L. HINTON FILED
2014 Tulare Street, Suite 408
Fresno, CA 93721
NOV 0 4 2016
Telephone (559) 328-4800 CLERK OF THE SUPERIOR COURT
Facsimile (559) 421-0373 COUNTY OF STANISLAUS
Attorney for FRANCISCO MEDA
E39 ed~
SUPERIOR COURT OF CALIFORNIA
COUNTY OF STANISLAUS
10
FRANCISCO MEDA/” Case No.: 2022500-
11
Plaintiff, COMPLAINT
12 vs.
«
13
ZYAD ALI MAADARANI, individually and }
14 dba MACE MOTORS.; [UDSON
INSURANCE GROUP, a corporation;
415 WESTLAKE FIN. CIAL INVESTMENT )
16
SERVICES, LLC; a California corporation; )
and DOES | through 20, inclusive,
17
Defendants.
)}
18
19
20
21
Plaintiff alleges:
JURISDICTION
22
1 Plaintiff, FRANCISCO MEDA, is, and at all relevant times herein was, a resident
23
of the County of Stanislaus. All events and occurrences alleged herein took place in the County
24
of Stanislaus.
25
2. Defendant, MACE MOTORS, is, and at all relevant times herein was a business
26
entity, form unknown, authorized to do and doing business in the State of. California, including
27
28
COMPLAINT - 1
This case has been assigned to Judge WANUAM & MAYHEW
Department 2\_, for all purposes including Trial.
the County of Stanislaus as a retail motor vehicle dealer, and as the fictitious business name of its
true owner, Defendant ZYAD ALI MAADARANI.
3. Plaintiff
is informed and believes, and on that basis alleges, that at all times stated
herein Defendant ZY AD ALI MAADARANI was the principal, owner and operator of Defendant
MACE MOTORS, and that each is the principal and agent of the other, and the acts of each as
herein alleged are legally the acts of the other. ZY AD ALI MAADARANI and MACE‘:MOTORS
are jointly referred to herein as “MACE MOTORS.”
4 Defendant HUDSON INSURANCE GROUP (hereinafter “HUDSON”) is, and at
all relevant times herein was, a corporation authorized to do and doing business in the State of
10 California, including the County of Stanislaus, and is the bonding agent or surety of MACE
il MOTORS, and is responsible at law and by its agreement for all claims asserted herein against
12 MACE MOTORS.
13 5 Defendant WESTLAKE FINANCIAL INVESTMENT SERVICES, LLC,
14 (hereinafter “WESTLAKE”) a California corporation, and its associates, affiliates, and
4s subsidiaries is, and at all relevant times herein was, a corporation authorized to do and doing
16 business in the State of California, including the County of Stanislaus, and was the dealer-
17 arranged lender who financed Plaintiff's purchase of the vehicle herein, and took legal title thereto
18 by agreement with and at the request of MACE MOTORS. WESTLAKE is sued herein as the
19 assignee and holder of the purchase contract between Plaintiff and MACE MOTORS, as a result
20 of which it is subject to all claims and defenses that Plaintiff may assert against MACE MOTORS.
21 6 Plaintiff is informed and believes, and on that basis alleges, that at all times
22 mentioned herein cach Defendant, whether actually or fictiiously named herein, was the
23 principal, agent (actual or ostensible), or employee of each other Defendant, and in acting as such
24 principal or within the course and scope of such employment or agency, took some part in the
25 acts and omissions hereinafter set forth, by reason of which each Defendant is liable to Plaintiff
26 for the relief prayed for herein.
7
27 Plaintiff does not know the true names and capacities, whether corporate,
28 partnership, associate, individual or otherwise, of Defendants sued herein as DOES | through 20,
‘OMPLAINT - 2
inclusive. Plaintiff is informed and believes, and on that basis alleges, that Defendant DOES 1
through 20, inclusive, are in some manner responsible for the acts, occurrences and transactions
set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this complaint
to set forth the true names and capacities of these fictitiously named Defendants, when
ascertained.
ACTS OF DEFENDANTS
8 On or about October 9, 2015, Plaintiff signed a conditional sales contract
(“CONTRACT”) to purchase a used 2015 Chevrolet Malibu Sedan, VIN 1G11A5SLXFF261057
(hereinafter "VEHICLE") from MACE MOTORS for a total purchase price of $25,998.56. Asa
10 part of the transaction, Plaintiff agreed to a vehicle cash price of $17,999.00 and to make a total
il down payment of $2,000.00. The VEHICLE was purchased primarily for personal and family
12 use. A true and correct copy of the contract between Plaintiff and MACE MOTORS is attached
13 hereto as Exhibit "A.”
14 9 At the time of signing the CONTRACT, MACE MOTORS assured Plaintiff that
15 the VEHICLE was in sound mechanical condition, safe to drive and without a prior history of
16 accidents or collision damage. Based these representations, Plaintiff agreed to purchase the
17 VEHICLE.
18 10. The sale of the VEHICLE to plaintiff was accompanied by the manufacturer’s
19 express basic vehicle warranty of 3 years or 36,000 miles, thus giving rise to the statutory implied
20 in law warranty of merchantability as to MACE MOTORS. These warranties were part of the
2i basis of the bargain for the purchase.
22 11. To induce Plaintiff to purchase the VEHICLE, MACE MOTORS made several
23 omissions and misrepresentations of fact, including:
24 a. misrepresenting that the VEHICLE had. been inspected by MACE
25 MOTORS, and was in sound mechanical condition, with no history of prior material defects,
26 damage or repair and in a fit and merchantable condition;
27
28
COMPLAINT - 3
b concealing and failing to disclose that the VEHICLE had sustained prior
material collision damage, including, on Plaintiff's information and belief, structural and frame
damage, which was improperly or inadequately repaired;
¢. concealing and/or failing to disclose that the VEHICLE was a prior rental
vehicle;
d misrepresenting the prior history of the VEHICLE; and
¢€. failing to provide Plaintiff with all mandatory disclosures required by
Vehicle Code, including meaningful disclosure of Plaintiff's rights under the Contract
Cancellation Option Agreement, and disclosure of the VEHICLE’s title history.
10 12. In fact, the VEHICLE was unsafe, defective and unmerchantable at the time of
il sale as it had significant mechanical defects and prior material collision damage, including on
12 Plaintiff's information and belief structural and frame damage, and was unsafe and in an unfit and
13 unmerchantable condition. Further, the Plaintiff was not provided with mandatory disclosures
14 about the VEHICLE’s history at the time of entering into the Contract. These facts were
15 misrepresented, concealed and not disclosed by MACE MOTORS.
16 13. The defects described above rendered the VEHICLE unmerchantable and unfit for
17 the ordinary purposes for which it was to be used. As a result, the consideration received under
18 the contract has failed in whole or material part.
19 14. On August 9, 2016, and at times prior to that date, Plaintiff directly notified
20 defendants of the violations and demanded that they correct the violations or repurchase the
21 VEHICLE, which Defendants have failed or refused to do.
22 FIRST CAUSE OF ACTION
(Fraud and Deceit--Intentional Misrepresentation/
23 Concealment/Failure To Disclose)
24
As to MACE MOTORS and WESTLAKE.
25 15. Plaintiff incorporates herein Paragraphs 1 through 14, inclusive.
26 16. At or immediately prior to the purchase of the VEHICLE at MACE MOTORS’s
27 place of business in Fresno, California, MACE MOTORS, through its agents and employees,
28 including its salesmen known to Plaintiff only by shape and size, and “Abraham” who prepared
COMPLAINT - 4
the finance documents, and other employees whose identities are unknown to Plaintiff, but whose
identities are known to MACE MOTORS, made several oral and written misrepresentations, and
concealed, and omitted to disclose material facts about the VEHICLE, including but not limited
to:
a. misrepresenting that the VEHICLE had been inspected by MACE
MOTORS, and was in sound mechanical condition, with no history of prior material defects,
damage or repair and in a fit and merchantable condition;
b concealing and failing to disclose that the VEHICLE had sustained prior
material collision damage, including on Plaintiff's information and believe structural and frame
10 damage, which was improperly or inadequately repaired;
ai c concealing and/or failing to disclose that the VEHICLE was a prior rental
12 vehicle;
13 d misrepresenting the prior history of the VEHICLE; and
14 € failing to provide Plaintiff with all mandatory disclosures required by
15 Vehicle Code, including meaningful disclosure of Plaintiff's rights under the Contract
16 Cancellation Option Agreement, and disclosure of the VEHICLE’s title history.
17 17. In fact, the VEHICLE was unsafe, defective and unmerchantable at the time of
18 sale as it had significant mechanical defects and prior material collision damage, including on
19 Plaintiffs information and belief structural and frame damage, and was unsafe and in an unfit and
20 unmerchantable condition. In fact, the VEHICLE was a prior rental vehicle, which was not
2. disclosed the Plaintiff.
22 18. When MACE MOTORS made the representations and omissions and concealed
23 the material facts, they were false and known to be false and were made with the intent to deceive,
24 defraud, and induce Plaintiffto purchase the VEHICLE.
25 19. Plaintiff acted in justifiable reliance upon the truth of the representations, was not
26 aware of the omitted and misrepresented facts, and would not have purchased the VEHICLE if
27 he had known the true facts.
28
COMPLAINT - 5
~e
20. As a result of the above, Plaintiff has suffered actual damage according to proof,
and as to defendant WESTLAKE, damages as allowed by law.
21 The above acts were done willfully, maliciously, and with intent to injure and
damage Plaintiff, thus entitling Plaintiff to punitive damages, according to proof, except as to
Defendant WESTLAKE,
SECOND CAUSE OF ACTION
(Negligence)
As to MACE MOTORS and WESTLAKE.
22 Plaintiff incorporates herein Paragraphs | through 14, inclusive, except paragraphs
referring to punitive damages.
10
23 MACE MOTORS isa licensed retail seller of motor vehicles to consumers and the
11
public generally, and owed a duty under the statutes and regulations of this state, enacted for the
12
benefit and protection of the motor vehicle buying public of which Plaintiff is a member, to
13
accurately, fully and clearly inspect, investigate, represent, sell, advertise, disclose, and inform
14
Plaintiff of material matters related to the sale, including but not limited to the history and
15
condition of the VEHICLE.
16
24 MACE MOTORS negligently breached the above duties by carelessly, unlawfully
17
and improperly investigating, inspecting, selling, representing, advertising, and concealing the
18
true terms and conditions of the transaction, and the condition of the VEHICLE, including various
19
safety-related and other defects.
20
25 Asa direct and proximate result of the above acts, Plaintiff has suffered injury and
21
damages herein alleged, according to proof.
22
THIRD CAUSE OF ACTION
23 (Violation of Consumers Legal Remedies Act,
Civil Code § 1750, et seq.)
24 As to MACE MOTORS and WESTLAKE
25
26 Plaintiff incorporates herein Paragraphs 1 through 19, inclusive.
26
27 MACE MOTORS is a "person" providing "goods" and "services" to "consumers
27
as part ofa "transaction" as defined in Civil Code § 1761 (a), (b), (c), (d) and (e).
28
COMPLAINT - 6
ne
28 By engaging in the misrepresentations, concealments, and false statements alleged
above, and by misrepresenting the illegal and defective condition of the VEHICLE, and
misrepresenting that the VEHICLE complied with legal standards to be sold to the public and
driven on the roadways, and misrepresenting that MACE MOTORS would perform necessary
repairs to the VEHICLE, MACE MOTORS has violated Civil Code § 1770(a)(2), (3), (5), (6),
(7), (9), (14), (16) and (19),
29 Plaintiff is informed and believes that MACE MOTORS engaged in the acts and
practices herein alleged as part ofa pattern, plan, and scheme directed at Plaintiff and similarly-
situated members of the public, with intent to deceive and induce the purchase of damaged and
10 defective vehicles, and increase the cost of those vehicles to the benefit of MACE MOTORS, and
11 to the monetary detriment of Plaintiff and the public.
12 30. Plaintiff has complied with all obligations required of him under Civil Code §
13 1750, et seq., including requesting that defendants cure or correct the violations, which defendants
14 have failed or refused to do
15 31 As a result of said violations, Plaintiff has suffered actual damage, incidental and
16 consequential damages, and request restitution, and attorney’s fees and costs according to proof.
17 32, MACE MOTORS did the above acts willfully, fraudulently, oppressively,
18 maliciously, and with intent to injure and damage Plaintiff, thus allowing punitive damages,
19 according to proof, as to MACE MOTORS, only
20 FOURTH CAUSE OF ACTION
(Willful Violation of the Song-Beverly Consumer
21 Warranty Act, Civil Code Section 1790, et seq.)
(IMPLIED WARRANTY OF MERCANTABILITY)
22
As to MACE MOTORS and WESTLAKE
23
33 Plaintiff incorporates herein Paragraphs | through 14, inclusive
24
34 The VEHICLE is a "consumer good" as defined in Civil Code § 1791(a)
25
35, MACE MOTORS is a “retail seller," "seller," or "retailer" as defined in California
26
Civil Code Section 1791(1).
28
‘COMPLAINT - 7
te
36. The sale of the VEHICLE to plaintiff was accompanied by the manufacturer’s
express basic vehicle warranty of 3 years or 36,000 miles, thus giving rise to the statutory implied
in law warranty of merchantability that the goods be fit for their ordinary purposes as to MACE
MOTORS. MACE MOTORS failed to effectively disclaim the implied warranties.
37. The defects described above rendered the VEHICLE unmerchantable and unfit for
the ordinary purposes for which it was to be used. From the time of sale, and at all times
thereafter, the VEHICLE failed to comply with the implied warranties given by MACE
MOTORS. The actions of MACE MOTORS in failing to tender to Plaintiffa vehicle free from
defects and non-conformities, constitutes a breach of the implied warranty of merchantability.
10 MACE MOTORS was given reasonable opportunity to remedy the defects, but failed or refused
li to do so.
12 38. At the time of the sale of the VEHICLE, MACE MOTORS knew, or should have
13 known, that it was required to repair and maintain the utility or performance of the VEHICLE,
14 pursuant to its implied warranties, or to repurchase or replace the VEHICLE.
15 39. Plaintiff has performed each and every duty required of him under the terms of the
16 warranties and the provisions of the Song-Beverly Consumer Warranty Act, except as may have
17 been excused or prevented by the conduct of Defendants, as herein alleged.
18 40. The acts of MACE MOTORS, in failing to bring the VEHICLE into conformity
19 with the implied warranties, and refusing or failing to replace the VEHICLE or refund Plaintiff's
20 purchase price, was willful and deprived Plaintiff of rights guaranteed under the Song-Beverly
21 Consumer Warranty Act.
22 4l. As a direct result of MACE MOTORS’s willful violations, Plaintiff has suffered
23 actual, consequential, and incidental damages, including attorney’s fees, expenses and costs,
24 according to proof, and, as to MACE MOTORS only, Plaintiff requests a civil penalty based on
25 MACE MOTORS’s willful violations.
26 ut
27 M
28 Mt
COMPLAINT - 8
Nee
FIFTH CAUSE OF ACTION
(Claim on Statutory Bond)
As to HUDSON.
42. Plaintiff incorporates herein Paragraphs 1 through 21, and 26 through 32,
inclusive.
43. Plaintiff brings this cause of action against Defendant HUDSON as the bonding
agent or surety of MACE MOTORS as stated in paragraph 4 above.
44. At the time of the occurrences alleged herein, MACE MOTORS, as principal, and
HUDSON, as surety, duly executed a bond in the sum of not less than $50,000, conditioned on
the fact that MACE MOTORS would not practice any fraud or make any fraudulent representation
10
which would cause a monetary loss to a purchaser. Plaintiff is beneficiaries of said bond by virtue
12
of the conduct alleged herein.
12
45. At all times herein mentioned, the bond was in full force and effect.
13
46. MACE MOTORS breached the conditions of the bond by doing the acts herein
14
alleged consisting of fraud and causing monetary loss or damage to Plaintiff. Plaintiff has
15
possession of a written instrument furnished by MACE MOTORS containing provisions and
16
guarantees that have been violated, as alleged.
17
47. By reason of MACE MOTORS’s fraudulent conduct in breach of the condition of
18
the bond, Plaintiff has suffered damage, including attorney's fees and costs, in an amount to be
19
proven at trial.
20
21
WHEREFORE, Plaintiff prays for judgment as follows:
22
1) For actual damages, including incidental and consequential damages, according to
23
proof;
24
2) For rescission of the contract;
25
3) For restitution;
26
4) For repurchase of the VEHICLE;
27
28
COMPLAINT - 9
we
5) For exemplary damages and/or civil penalty according to proof, except as to
2 HUDSON and WESTLAKE;
6). For attorney’s fees and costs of suit;
7) For prejudgment interest from the date of the contract; and
8) For such other relief as the Court deems just.
Dated: October 18, 2016 LAW OFFICE OF A.L. HINTON
By: eb fenslem)
10 ALICIA L. HINTON,
Attomey for Plaintiff
li
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COMPLAINT - 10
EXHIBIT A
a
CA-103 7/1/2013
Conditional Sale Contract and Security Agreement
Seller Name and Address Buyer ond Co-Buyer Name(s} and Addressies}
Mace Motors francisco meda
4217 Crows Landing Rd 1801 nadine Contract No. App 35390195 - Vit
Modesto, CA 95351 modesto , CA 95351 Dare 10/9/2015
Dealer # 49675 ROS# Stock # 93
Primary use of the vehicte is personal, family. or household use unless otherwise indicated: 1 Primary use is business, commercial or
agricultural purpose.
Annual Percentage Finance Charge Amount Financed Total of Payments Total Sale Price
ie The dollar amount the The amount of credit The emount you will The total cost of your
The cost of your credit credit will cost you provided to you or have paid when you have purchase on credit,
83 8 yearly rate. on your behalf made all scheduled inctuding your down
yments. payment of
$ 2000.00
14.78 %]¢ 5965.12 $_18033.44 $_23998.56 $ 25998.56
Payment Schedule. Your payment schedule is (e} means estimate
No. of Payments Amount of Payments When Payments are Due
$
48 Payments $ $499.97. Monthly, Beginning 11/08/15
$
&
Security. You are giving us a security interest in the Property purchased.
Late Charge. If ali or any portion of a payment is not paid within 10 days of its due dete. you will be charged a late charge of 5% of
the unpaid amount of tha payment due.
Prepayment. If you pay off this Contract early, you will not have to pay a penalty.
Contract Provisions. You can see the terms of this Contract for any additional information about nonpayment, defauk, any required
repayment before the scheduled date, and prepayment refunds and penalties.
New/Used || Year Make Moda} Style Vehicle Identification Number | Odometer
Mileage
Used 2015 | Chevrolet Malibu Sedan 14G11A5SLXFF261057 4465
Eee ey ete) aed) Cad im Ural PUTT Tare Era lead
Trade-in Vehicle: Checkin,
fl
the following box will net affect the terms under which
we will inance and sell the Property or any of the terms of this
Contract, except that the arbitration provision will not be 8 part of
Year Make Model this Contract:
© You reject the arbitration provision of this Contract.
Odometer VIN
The payoff amount of your trade-in is shown in 6.B. of the Soller Assisted Loans.
lhembation of Amount Financed on Page 2. We relied on You may be required to ptedge security for the loan. You will be
information trom you and/or the lienholder or lessor of your obligated for the installment payments on both this Conditional
trade-in vehicle to arrive at the amount shown in 6.B. You Sales Contract and the Loan. “
understand the payoff emount is an estimate. You agres that if
the actual payoff amount is greater than the off amount Lander on loan
shown in 6.8. you will pay us the difference if we ask for it. If Amount §_N/A Finance Charge $ WA
the actual payoff amount is less than the amount shown in 6.B Total §_N/A Payable in N/A. installments of
we will refund to you any overage we receive from your prior
lienholder or lessor. Subject to the NOTICE in the “Owner s_N/A of loan proceeds included
aement” section of this Contract, any assignee of this initem 6.D. of the iveinization of Amount Financed on Page 2.
Contract will not be obligated to pay the amount shown in 6.B. Auto Broker F:
‘or any refund. If the Vehic! ew, this transaction is not subject
to a fee received by an auto broker from us unless
—— this box is checked.
"wr v Co-Buyer: O Name of auto broker receiving fee
Beta interna Commerc CA-103 2112013
Barkers SysternsFinanc
Sioters Xow 14 ‘se in
e 210 er A TAO
Page
1 of 8
ww
ee eel Meee ee ma aces CL Ree Le
1.Cash Price itemization
‘A. Cash Price {excluding items 1.B to L.3} $__17999.00
1, Cash Price of Vehicle $__17999.00
2. Cash Price of Accessories $. NIA
3. Other $, NWA
$, NIA
B. Document Processing Charge (not a governmental fee} 65.00
C. Emissions Testing Charge {not s governmental fee}
D.1 (Optional) Theft Deterrent Device patd to NIA
D.2 (Optional) Theft Deterrent Davice paid to NIA
D.3 (Optional) Theft Deterrent Device paid to NIA
E.1 {Optional) Surface Protection Product paid to NIA
E.2 {Optional) Surface Protection Product paid to. NIA
F. EV Charging Sration paid to NIA
G. Sates Tax (on taxabie items in A through F.} 4381.19
H. Electronic Vehicle Registration or Transfer Charge {not a
governmental fee) paid to. NIA
1.1 (Optional) Service Contract pald to. NIA
1.2 (Optional) Service Contract paid to NIA
1.3 (Optional) Service Contract paid to NiA,
1.4 (Optional) Service Contract paid to NiA
1.5 {Optional} Service Contract paid to. NiA
4. Prior Credit or Lease Balance paid to fe) NIA
(see down payment and trade-in calculation)
K. Optional Gap Waiver paid to 399.00
L.1 {Optional} Used Vehicte Contract Cancellation Option Agreement NIA
L.2 Other paid to for N/A
L.3 Other paid to for NiA.
M. Total Cash Price (A through L.3) 8, 19894.19 (1)
2. Amounts Paid to Public Officials
A. License Fees $ 116.00
B. Registration/Transfer/Titling Fees 3 15.00
C. California Tire Fees § NIA
D. Other, $. N/A
Total Official Fees {A through D) $__0.002)
3. Amount Paid to Insurance Companies (See Siatement of Insurance, Totals {1} and {2)) $ NiA3)
4.0) State Emissions Certification Fee or (C) State Exemption Fee {Paid to State) $ 8.2514)
5.Subtotal (1 through 4) $__20033.44 (5)
6.Total Downpayment
A Agreed Trade-In Value NIA
8. Less Prior Credit or Lease Balance (e) N/A
Cc. Net Trade-In {A less B) {indicate if a negative number) NIA
D. Deferred Downpayment NIA
E. Manufacturer's Rabate NA
F, Other NYA
G Cash 2000.00
Total Downpayment (C through G)} $___2000.C06)
(if negative, enter zero on line 6 and enter the amount less
than zero as a positwe number on line 1.J, above)
7.Prapaid Finance Charge 5. N/AI7}
B.Amount Financed {5 less 6 and 7) $__18033.44 (gy
el ntatimane Gorman. cA. 103 103 7/1/2013. RSSIMVLFAICA 77112013
\2%
tamatu Not for sling,
Worms kuwer Financal Services ©7008, 2010 Page2 of
\- ~ -
7 ee TOR Teron d THE MINIMUM PUBLIC LIABILITY INSURANCE
LIMITS PROVIDED IN LAW MUST BE MET BY
NOTICE. No person is
financing the purchase of uired as a condition precedent to
an eutomobile that any insurance be EVERY PERSON WHO PURCHASES A VEHICLE. IF
negotiated or purchased through a particular insurance agent or YOU ARE UNSURE WHETHER OR NOT YOUR
broker. CURRENT INSURANCE POLICY WILL COVER YOUR
You must insure the Vehicls and other property securing this
Contract. See the "Property Insurance” section on Page 5 of this NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN
Contract. You are not required to provide any other insurance. ACCIDENT, YOU SHOULD CONTACT YOUR
Property (nsurence INSURANCE AGENT.
‘erm Premium
$. NIA. Ded. Comp.,
Fire & Theft —~ Mos. $, NIA WARNING:
8. NJA_ Ded. Coltiiion Mos. § NIA
Bodily Injury $. Faris —— Mos. 8. NIA YOUR PRESENT POLICY MAY NOT COVER
Property Damage $ Fanits Mos. § NWA COLLISION DAMAGE OR MAY NOT PROVIDE FOR
FULL REPLACEMENT COSTS FOR THE VEHICLE
Medical Mos. $ NIA, BEING PURCHASED. IF YOU DO NOT HAVE FULL
Mos. § NIA COVERAGE, SUPPLEMENTAL COVERAGE FOR
Total Property Insurance Premiums 8, N/A (1) COLLISION DAMAGE MAY BE AVAILABLE TO YOU
UNLESS A CHARGE IS INCLUDEO IN THIS AGREEMENT FOR
THROUGH YOUR INSURANCE AGENT OR
PUBLIC LIABILITY OR PROPERTY OAMAGE INSURANCE, THROUGH THE SELLING DEALER. HOWEVER,
PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED BY THIS UNLESS OTHERWISE SPECIFIED, THE COVERAGE
AGREEMENT. YOU OBTAIN THROUGH THE DEALER PROTECTS
ex Duy te IS ee Insurance from any company ONLY THE DEALER, USUALLY UP TO THE AMOUNT
OF THE UNPAID BALANCE REMAINING AFTER THE
VEHICLE HAS BEEN REPOSSESSED AND SOLD.
Seller
FOR ADVICE ON FULL COVERAGE THAT WILL
PROTECT YOU IN THE EVENT OF LOSS OR
If you purchase any optional credit insurance, then policies or DAMAGE TO YOUR VEHICLE, YOU SHOULD
certificates from the insurer will describe the terms and CONTACT YOUR INSURANCE AGENT.
conditions.
were
Application for Optional Credit Insurance THE BUYER SHALL SIGN TO ACKNOWLEDGE THAT
UNDERSTANDS THESE PUBLIC LIABILITY
O Credit tite: D Buyer O Co-Buyer © Joint | AND ZONDITJA NS.
O1 Credit disability (Buyer)
Term Exp. Premium
sis\ YZ7 —_ Sis
Credit lite: — Mos. s_N/A ree] ta
Credit disabllity: —_ Mos. s NWA You may buy of decline the following Gap Waiver (debt
Total credit insurance premiums $.N/A {21 cancallation agreement) or cny of the following service contracts.
Name of insurance company They are not required to obtein credit, are not a factor in the credit
decision, and are not a factor in the terms of the credit or the
related sale of the Vehicle, These voluntary protections not
Address (home office) be provided unless you sign and agree to pay the additional cost.
‘Your signature beiow means that you want the described item
Credit insurance is not required to obtain credit and is nota and that you have received and reviewed a copy of the
contracts) for the productis). If no charge is given for an item,
tactar in our credit decision. We will not provide it unless you you have declined to purchase any such item. References to
sign and agiee to pay the additional premium. If you want 1.1.1," to "1.1.5." and “1.K." below are to the Itemization of
such insurance, we will obtain it for you (if you qualify for Amoum Financed on Page 2 of this Contract.
a). We have quoted above ONLY the coverages you
caveray
A
have c! josen to purchase. Service Contracts
Company Term Price
You are applying for the credit insurance marked above. Your
signature below means that you agree that: 1. You are not See 4.1.1
ehgible for insurance if you have reached your 65th birthday. See 1.1.2
2. You ara not eligible for disability insurance unless you are See 1.1.9
working at least 0 hours a week for wages oF profit on the See 1.1.4
fffective Date. 3. Only the Buyer, not the Co-Buyer, is
eligible for disability insurance, DISABIUTY INSURANGE MAY See 14.5
NOT COVER CONDITIONS FOR WHICH YOU HAVE SEEN A
DOCTOR OR CHIROPRACTOR IN THE LAST 6 MONTHS.
REFER TO THE “TOTAL DISABILITIES NOT COVERED"
SECTION iN YOUR POLICY FOR DETAILS.
Q Vz
Buyer:
al’ Date Co-Buyer: Date
Sign if you want to buy credit insurance. @ Gap Waiver
Tem 48 months
7
Pr s See 1K.
See Gap Waiver {now made a part of this Contract} for conditions
atk juyer so
Dete Co-Buyer Age
Q
Boyer:
-
Date
lk 5
Co-Buyer: Date
Aarad trarativert Convactca CA-103 7;? 1172013 MVLFAZCA 7/9/2003
1s Systems Wot usm wethag. ‘e Page
‘Wolters Kluwer Fineocial Services 7008, 2010 3 af 9
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Cer Me TE EM LMT AoE Te Emon} Ownership and Outies Toward Vehicle. By giving us a security
Tea) rs interest in the Vehicle, you represant and agree to the following:
A, The security interest you are giving us in the Vehicle and
Finance Charge and Payments. You agree to pay the Amount other property comes ahead of the claim of any other of
Financed and Finance Charge as provided in the Payment your general or secured creditors. You agree to sign any
Schedule in the TRUTH-IN-LENDING DISCLOSURE on Page 1 of additional documents or provide us with any additional
this Contract. You also agree to pay the Late Charge described information we may require to keep our claim to the
on Page 1, and ail other amounts required under this Contract. Vehicle and other property ahead of the claim of anyone
Finance Charge will be computed each day. Finance Charge is else. You will not do anything to change our interest in the
computed at the Annual Percentage Rate shown on Page 1 of Vehicle and other property
this Contract. We may apply each payment to the Finance. 8. You will defend our interests in the Vehicle and other
Charge, the unpaid part of the Amount Financed, and other property against claims made by anyone else. You will do
amounts due under this Contract in any order we choose. whatever is necessary to keep our claim to the Vehicle and
other property ahead of the claim of anyone else.
Security. To secure your pa
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oe 4 Y Alicia L. Hinton, SBN 292849 LAW OFFICE OF A.L. HINTON FILED 2014 Tulare Street, Suite 408 Fresno, CA 93721 NOV 0 4 2016 Telephone (559) 328-4800 CLERK OF THE SUPERIOR COURT Facsimile (559) 421-0373 COUNTY OF STANISLAUS Attorney for FRANCISCO MEDA E39 ed~ SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS 10 FRANCISCO MEDA/” Case No.: 2022500- 11 Plaintiff, COMPLAINT 12 vs. « 13 ZYAD ALI MAADARANI, individually and } 14 dba MACE MOTORS.; [UDSON INSURANCE GROUP, a corporation; 415 WESTLAKE FIN. CIAL INVESTMENT ) 16 SERVICES, LLC; a California corporation; ) and DOES | through 20, inclusive, 17 Defendants. )} 18 19 20 21 Plaintiff alleges: JURISDICTION 22 1 Plaintiff, FRANCISCO MEDA, is, and at all relevant times herein was, a resident 23 of the County of Stanislaus. All events and occurrences alleged herein took place in the County 24 of Stanislaus. 25 2. Defendant, MACE MOTORS, is, and at all relevant times herein was a business 26 entity, form unknown, authorized to do and doing business in the State of. California, including 27 28 COMPLAINT - 1 This case has been assigned to Judge WANUAM & MAYHEW Department 2\_, for all purposes including Trial. the County of Stanislaus as a retail motor vehicle dealer, and as the fictitious business name of its true owner, Defendant ZYAD ALI MAADARANI. 3. Plaintiff is informed and believes, and on that basis alleges, that at all times stated herein Defendant ZY AD ALI MAADARANI was the principal, owner and operator of Defendant MACE MOTORS, and that each is the principal and agent of the other, and the acts of each as herein alleged are legally the acts of the other. ZY AD ALI MAADARANI and MACE‘:MOTORS are jointly referred to herein as “MACE MOTORS.” 4 Defendant HUDSON INSURANCE GROUP (hereinafter “HUDSON”) is, and at all relevant times herein was, a corporation authorized to do and doing business in the State of 10 California, including the County of Stanislaus, and is the bonding agent or surety of MACE il MOTORS, and is responsible at law and by its agreement for all claims asserted herein against 12 MACE MOTORS. 13 5 Defendant WESTLAKE FINANCIAL INVESTMENT SERVICES, LLC, 14 (hereinafter “WESTLAKE”) a California corporation, and its associates, affiliates, and 4s subsidiaries is, and at all relevant times herein was, a corporation authorized to do and doing 16 business in the State of California, including the County of Stanislaus, and was the dealer- 17 arranged lender who financed Plaintiff's purchase of the vehicle herein, and took legal title thereto 18 by agreement with and at the request of MACE MOTORS. WESTLAKE is sued herein as the 19 assignee and holder of the purchase contract between Plaintiff and MACE MOTORS, as a result 20 of which it is subject to all claims and defenses that Plaintiff may assert against MACE MOTORS. 21 6 Plaintiff is informed and believes, and on that basis alleges, that at all times 22 mentioned herein cach Defendant, whether actually or fictiiously named herein, was the 23 principal, agent (actual or ostensible), or employee of each other Defendant, and in acting as such 24 principal or within the course and scope of such employment or agency, took some part in the 25 acts and omissions hereinafter set forth, by reason of which each Defendant is liable to Plaintiff 26 for the relief prayed for herein. 7 27 Plaintiff does not know the true names and capacities, whether corporate, 28 partnership, associate, individual or otherwise, of Defendants sued herein as DOES | through 20, ‘OMPLAINT - 2 inclusive. Plaintiff is informed and believes, and on that basis alleges, that Defendant DOES 1 through 20, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this complaint to set forth the true names and capacities of these fictitiously named Defendants, when ascertained. ACTS OF DEFENDANTS 8 On or about October 9, 2015, Plaintiff signed a conditional sales contract (“CONTRACT”) to purchase a used 2015 Chevrolet Malibu Sedan, VIN 1G11A5SLXFF261057 (hereinafter "VEHICLE") from MACE MOTORS for a total purchase price of $25,998.56. Asa 10 part of the transaction, Plaintiff agreed to a vehicle cash price of $17,999.00 and to make a total il down payment of $2,000.00. The VEHICLE was purchased primarily for personal and family 12 use. A true and correct copy of the contract between Plaintiff and MACE MOTORS is attached 13 hereto as Exhibit "A.” 14 9 At the time of signing the CONTRACT, MACE MOTORS assured Plaintiff that 15 the VEHICLE was in sound mechanical condition, safe to drive and without a prior history of 16 accidents or collision damage. Based these representations, Plaintiff agreed to purchase the 17 VEHICLE. 18 10. The sale of the VEHICLE to plaintiff was accompanied by the manufacturer’s 19 express basic vehicle warranty of 3 years or 36,000 miles, thus giving rise to the statutory implied 20 in law warranty of merchantability as to MACE MOTORS. These warranties were part of the 2i basis of the bargain for the purchase. 22 11. To induce Plaintiff to purchase the VEHICLE, MACE MOTORS made several 23 omissions and misrepresentations of fact, including: 24 a. misrepresenting that the VEHICLE had. been inspected by MACE 25 MOTORS, and was in sound mechanical condition, with no history of prior material defects, 26 damage or repair and in a fit and merchantable condition; 27 28 COMPLAINT - 3 b concealing and failing to disclose that the VEHICLE had sustained prior material collision damage, including, on Plaintiff's information and belief, structural and frame damage, which was improperly or inadequately repaired; ¢. concealing and/or failing to disclose that the VEHICLE was a prior rental vehicle; d misrepresenting the prior history of the VEHICLE; and ¢€. failing to provide Plaintiff with all mandatory disclosures required by Vehicle Code, including meaningful disclosure of Plaintiff's rights under the Contract Cancellation Option Agreement, and disclosure of the VEHICLE’s title history. 10 12. In fact, the VEHICLE was unsafe, defective and unmerchantable at the time of il sale as it had significant mechanical defects and prior material collision damage, including on 12 Plaintiff's information and belief structural and frame damage, and was unsafe and in an unfit and 13 unmerchantable condition. Further, the Plaintiff was not provided with mandatory disclosures 14 about the VEHICLE’s history at the time of entering into the Contract. These facts were 15 misrepresented, concealed and not disclosed by MACE MOTORS. 16 13. The defects described above rendered the VEHICLE unmerchantable and unfit for 17 the ordinary purposes for which it was to be used. As a result, the consideration received under 18 the contract has failed in whole or material part. 19 14. On August 9, 2016, and at times prior to that date, Plaintiff directly notified 20 defendants of the violations and demanded that they correct the violations or repurchase the 21 VEHICLE, which Defendants have failed or refused to do. 22 FIRST CAUSE OF ACTION (Fraud and Deceit--Intentional Misrepresentation/ 23 Concealment/Failure To Disclose) 24 As to MACE MOTORS and WESTLAKE. 25 15. Plaintiff incorporates herein Paragraphs 1 through 14, inclusive. 26 16. At or immediately prior to the purchase of the VEHICLE at MACE MOTORS’s 27 place of business in Fresno, California, MACE MOTORS, through its agents and employees, 28 including its salesmen known to Plaintiff only by shape and size, and “Abraham” who prepared COMPLAINT - 4 the finance documents, and other employees whose identities are unknown to Plaintiff, but whose identities are known to MACE MOTORS, made several oral and written misrepresentations, and concealed, and omitted to disclose material facts about the VEHICLE, including but not limited to: a. misrepresenting that the VEHICLE had been inspected by MACE MOTORS, and was in sound mechanical condition, with no history of prior material defects, damage or repair and in a fit and merchantable condition; b concealing and failing to disclose that the VEHICLE had sustained prior material collision damage, including on Plaintiff's information and believe structural and frame 10 damage, which was improperly or inadequately repaired; ai c concealing and/or failing to disclose that the VEHICLE was a prior rental 12 vehicle; 13 d misrepresenting the prior history of the VEHICLE; and 14 € failing to provide Plaintiff with all mandatory disclosures required by 15 Vehicle Code, including meaningful disclosure of Plaintiff's rights under the Contract 16 Cancellation Option Agreement, and disclosure of the VEHICLE’s title history. 17 17. In fact, the VEHICLE was unsafe, defective and unmerchantable at the time of 18 sale as it had significant mechanical defects and prior material collision damage, including on 19 Plaintiffs information and belief structural and frame damage, and was unsafe and in an unfit and 20 unmerchantable condition. In fact, the VEHICLE was a prior rental vehicle, which was not 2. disclosed the Plaintiff. 22 18. When MACE MOTORS made the representations and omissions and concealed 23 the material facts, they were false and known to be false and were made with the intent to deceive, 24 defraud, and induce Plaintiffto purchase the VEHICLE. 25 19. Plaintiff acted in justifiable reliance upon the truth of the representations, was not 26 aware of the omitted and misrepresented facts, and would not have purchased the VEHICLE if 27 he had known the true facts. 28 COMPLAINT - 5 ~e 20. As a result of the above, Plaintiff has suffered actual damage according to proof, and as to defendant WESTLAKE, damages as allowed by law. 21 The above acts were done willfully, maliciously, and with intent to injure and damage Plaintiff, thus entitling Plaintiff to punitive damages, according to proof, except as to Defendant WESTLAKE, SECOND CAUSE OF ACTION (Negligence) As to MACE MOTORS and WESTLAKE. 22 Plaintiff incorporates herein Paragraphs | through 14, inclusive, except paragraphs referring to punitive damages. 10 23 MACE MOTORS isa licensed retail seller of motor vehicles to consumers and the 11 public generally, and owed a duty under the statutes and regulations of this state, enacted for the 12 benefit and protection of the motor vehicle buying public of which Plaintiff is a member, to 13 accurately, fully and clearly inspect, investigate, represent, sell, advertise, disclose, and inform 14 Plaintiff of material matters related to the sale, including but not limited to the history and 15 condition of the VEHICLE. 16 24 MACE MOTORS negligently breached the above duties by carelessly, unlawfully 17 and improperly investigating, inspecting, selling, representing, advertising, and concealing the 18 true terms and conditions of the transaction, and the condition of the VEHICLE, including various 19 safety-related and other defects. 20 25 Asa direct and proximate result of the above acts, Plaintiff has suffered injury and 21 damages herein alleged, according to proof. 22 THIRD CAUSE OF ACTION 23 (Violation of Consumers Legal Remedies Act, Civil Code § 1750, et seq.) 24 As to MACE MOTORS and WESTLAKE 25 26 Plaintiff incorporates herein Paragraphs 1 through 19, inclusive. 26 27 MACE MOTORS is a "person" providing "goods" and "services" to "consumers 27 as part ofa "transaction" as defined in Civil Code § 1761 (a), (b), (c), (d) and (e). 28 COMPLAINT - 6 ne 28 By engaging in the misrepresentations, concealments, and false statements alleged above, and by misrepresenting the illegal and defective condition of the VEHICLE, and misrepresenting that the VEHICLE complied with legal standards to be sold to the public and driven on the roadways, and misrepresenting that MACE MOTORS would perform necessary repairs to the VEHICLE, MACE MOTORS has violated Civil Code § 1770(a)(2), (3), (5), (6), (7), (9), (14), (16) and (19), 29 Plaintiff is informed and believes that MACE MOTORS engaged in the acts and practices herein alleged as part ofa pattern, plan, and scheme directed at Plaintiff and similarly- situated members of the public, with intent to deceive and induce the purchase of damaged and 10 defective vehicles, and increase the cost of those vehicles to the benefit of MACE MOTORS, and 11 to the monetary detriment of Plaintiff and the public. 12 30. Plaintiff has complied with all obligations required of him under Civil Code § 13 1750, et seq., including requesting that defendants cure or correct the violations, which defendants 14 have failed or refused to do 15 31 As a result of said violations, Plaintiff has suffered actual damage, incidental and 16 consequential damages, and request restitution, and attorney’s fees and costs according to proof. 17 32, MACE MOTORS did the above acts willfully, fraudulently, oppressively, 18 maliciously, and with intent to injure and damage Plaintiff, thus allowing punitive damages, 19 according to proof, as to MACE MOTORS, only 20 FOURTH CAUSE OF ACTION (Willful Violation of the Song-Beverly Consumer 21 Warranty Act, Civil Code Section 1790, et seq.) (IMPLIED WARRANTY OF MERCANTABILITY) 22 As to MACE MOTORS and WESTLAKE 23 33 Plaintiff incorporates herein Paragraphs | through 14, inclusive 24 34 The VEHICLE is a "consumer good" as defined in Civil Code § 1791(a) 25 35, MACE MOTORS is a “retail seller," "seller," or "retailer" as defined in California 26 Civil Code Section 1791(1). 28 ‘COMPLAINT - 7 te 36. The sale of the VEHICLE to plaintiff was accompanied by the manufacturer’s express basic vehicle warranty of 3 years or 36,000 miles, thus giving rise to the statutory implied in law warranty of merchantability that the goods be fit for their ordinary purposes as to MACE MOTORS. MACE MOTORS failed to effectively disclaim the implied warranties. 37. The defects described above rendered the VEHICLE unmerchantable and unfit for the ordinary purposes for which it was to be used. From the time of sale, and at all times thereafter, the VEHICLE failed to comply with the implied warranties given by MACE MOTORS. The actions of MACE MOTORS in failing to tender to Plaintiffa vehicle free from defects and non-conformities, constitutes a breach of the implied warranty of merchantability. 10 MACE MOTORS was given reasonable opportunity to remedy the defects, but failed or refused li to do so. 12 38. At the time of the sale of the VEHICLE, MACE MOTORS knew, or should have 13 known, that it was required to repair and maintain the utility or performance of the VEHICLE, 14 pursuant to its implied warranties, or to repurchase or replace the VEHICLE. 15 39. Plaintiff has performed each and every duty required of him under the terms of the 16 warranties and the provisions of the Song-Beverly Consumer Warranty Act, except as may have 17 been excused or prevented by the conduct of Defendants, as herein alleged. 18 40. The acts of MACE MOTORS, in failing to bring the VEHICLE into conformity 19 with the implied warranties, and refusing or failing to replace the VEHICLE or refund Plaintiff's 20 purchase price, was willful and deprived Plaintiff of rights guaranteed under the Song-Beverly 21 Consumer Warranty Act. 22 4l. As a direct result of MACE MOTORS’s willful violations, Plaintiff has suffered 23 actual, consequential, and incidental damages, including attorney’s fees, expenses and costs, 24 according to proof, and, as to MACE MOTORS only, Plaintiff requests a civil penalty based on 25 MACE MOTORS’s willful violations. 26 ut 27 M 28 Mt COMPLAINT - 8 Nee FIFTH CAUSE OF ACTION (Claim on Statutory Bond) As to HUDSON. 42. Plaintiff incorporates herein Paragraphs 1 through 21, and 26 through 32, inclusive. 43. Plaintiff brings this cause of action against Defendant HUDSON as the bonding agent or surety of MACE MOTORS as stated in paragraph 4 above. 44. At the time of the occurrences alleged herein, MACE MOTORS, as principal, and HUDSON, as surety, duly executed a bond in the sum of not less than $50,000, conditioned on the fact that MACE MOTORS would not practice any fraud or make any fraudulent representation 10 which would cause a monetary loss to a purchaser. Plaintiff is beneficiaries of said bond by virtue 12 of the conduct alleged herein. 12 45. At all times herein mentioned, the bond was in full force and effect. 13 46. MACE MOTORS breached the conditions of the bond by doing the acts herein 14 alleged consisting of fraud and causing monetary loss or damage to Plaintiff. Plaintiff has 15 possession of a written instrument furnished by MACE MOTORS containing provisions and 16 guarantees that have been violated, as alleged. 17 47. By reason of MACE MOTORS’s fraudulent conduct in breach of the condition of 18 the bond, Plaintiff has suffered damage, including attorney's fees and costs, in an amount to be 19 proven at trial. 20 21 WHEREFORE, Plaintiff prays for judgment as follows: 22 1) For actual damages, including incidental and consequential damages, according to 23 proof; 24 2) For rescission of the contract; 25 3) For restitution; 26 4) For repurchase of the VEHICLE; 27 28 COMPLAINT - 9 we 5) For exemplary damages and/or civil penalty according to proof, except as to 2 HUDSON and WESTLAKE; 6). For attorney’s fees and costs of suit; 7) For prejudgment interest from the date of the contract; and 8) For such other relief as the Court deems just. Dated: October 18, 2016 LAW OFFICE OF A.L. HINTON By: eb fenslem) 10 ALICIA L. HINTON, Attomey for Plaintiff li 12 13 14 45 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT - 10 EXHIBIT A a CA-103 7/1/2013 Conditional Sale Contract and Security Agreement Seller Name and Address Buyer ond Co-Buyer Name(s} and Addressies} Mace Motors francisco meda 4217 Crows Landing Rd 1801 nadine Contract No. App 35390195 - Vit Modesto, CA 95351 modesto , CA 95351 Dare 10/9/2015 Dealer # 49675 ROS# Stock # 93 Primary use of the vehicte is personal, family. or household use unless otherwise indicated: 1 Primary use is business, commercial or agricultural purpose. Annual Percentage Finance Charge Amount Financed Total of Payments Total Sale Price ie The dollar amount the The amount of credit The emount you will The total cost of your The cost of your credit credit will cost you provided to you or have paid when you have purchase on credit, 83 8 yearly rate. on your behalf made all scheduled inctuding your down yments. payment of $ 2000.00 14.78 %]¢ 5965.12 $_18033.44 $_23998.56 $ 25998.56 Payment Schedule. Your payment schedule is (e} means estimate No. of Payments Amount of Payments When Payments are Due $ 48 Payments $ $499.97. Monthly, Beginning 11/08/15 $ & Security. You are giving us a security interest in the Property purchased. Late Charge. If ali or any portion of a payment is not paid within 10 days of its due dete. you will be charged a late charge of 5% of the unpaid amount of tha payment due. Prepayment. If you pay off this Contract early, you will not have to pay a penalty. Contract Provisions. You can see the terms of this Contract for any additional information about nonpayment, defauk, any required repayment before the scheduled date, and prepayment refunds and penalties. New/Used || Year Make Moda} Style Vehicle Identification Number | Odometer Mileage Used 2015 | Chevrolet Malibu Sedan 14G11A5SLXFF261057 4465 Eee ey ete) aed) Cad im Ural PUTT Tare Era lead Trade-in Vehicle: Checkin, fl the following box will net affect the terms under which we will inance and sell the Property or any of the terms of this Contract, except that the arbitration provision will not be 8 part of Year Make Model this Contract: © You reject the arbitration provision of this Contract. Odometer VIN The payoff amount of your trade-in is shown in 6.B. of the Soller Assisted Loans. lhembation of Amount Financed on Page 2. We relied on You may be required to ptedge security for the loan. You will be information trom you and/or the lienholder or lessor of your obligated for the installment payments on both this Conditional trade-in vehicle to arrive at the amount shown in 6.B. You Sales Contract and the Loan. “ understand the payoff emount is an estimate. You agres that if the actual payoff amount is greater than the off amount Lander on loan shown in 6.8. you will pay us the difference if we ask for it. If Amount §_N/A Finance Charge $ WA the actual payoff amount is less than the amount shown in 6.B Total §_N/A Payable in N/A. installments of we will refund to you any overage we receive from your prior lienholder or lessor. Subject to the NOTICE in the “Owner s_N/A of loan proceeds included aement” section of this Contract, any assignee of this initem 6.D. of the iveinization of Amount Financed on Page 2. Contract will not be obligated to pay the amount shown in 6.B. Auto Broker F: ‘or any refund. If the Vehic! ew, this transaction is not subject to a fee received by an auto broker from us unless —— this box is checked. "wr v Co-Buyer: O Name of auto broker receiving fee Beta interna Commerc CA-103 2112013 Barkers SysternsFinanc Sioters Xow 14 ‘se in e 210 er A TAO Page 1 of 8 ww ee eel Meee ee ma aces CL Ree Le 1.Cash Price itemization ‘A. Cash Price {excluding items 1.B to L.3} $__17999.00 1, Cash Price of Vehicle $__17999.00 2. Cash Price of Accessories $. NIA 3. Other $, NWA $, NIA B. Document Processing Charge (not a governmental fee} 65.00 C. Emissions Testing Charge {not s governmental fee} D.1 (Optional) Theft Deterrent Device patd to NIA D.2 (Optional) Theft Deterrent Davice paid to NIA D.3 (Optional) Theft Deterrent Device paid to NIA E.1 {Optional) Surface Protection Product paid to NIA E.2 {Optional) Surface Protection Product paid to. NIA F. EV Charging Sration paid to NIA G. Sates Tax (on taxabie items in A through F.} 4381.19 H. Electronic Vehicle Registration or Transfer Charge {not a governmental fee) paid to. NIA 1.1 (Optional) Service Contract pald to. NIA 1.2 (Optional) Service Contract paid to NIA 1.3 (Optional) Service Contract paid to NiA, 1.4 (Optional) Service Contract paid to NiA 1.5 {Optional} Service Contract paid to. NiA 4. Prior Credit or Lease Balance paid to fe) NIA (see down payment and trade-in calculation) K. Optional Gap Waiver paid to 399.00 L.1 {Optional} Used Vehicte Contract Cancellation Option Agreement NIA L.2 Other paid to for N/A L.3 Other paid to for NiA. M. Total Cash Price (A through L.3) 8, 19894.19 (1) 2. Amounts Paid to Public Officials A. License Fees $ 116.00 B. Registration/Transfer/Titling Fees 3 15.00 C. California Tire Fees § NIA D. Other, $. N/A Total Official Fees {A through D) $__0.002) 3. Amount Paid to Insurance Companies (See Siatement of Insurance, Totals {1} and {2)) $ NiA3) 4.0) State Emissions Certification Fee or (C) State Exemption Fee {Paid to State) $ 8.2514) 5.Subtotal (1 through 4) $__20033.44 (5) 6.Total Downpayment A Agreed Trade-In Value NIA 8. Less Prior Credit or Lease Balance (e) N/A Cc. Net Trade-In {A less B) {indicate if a negative number) NIA D. Deferred Downpayment NIA E. Manufacturer's Rabate NA F, Other NYA G Cash 2000.00 Total Downpayment (C through G)} $___2000.C06) (if negative, enter zero on line 6 and enter the amount less than zero as a positwe number on line 1.J, above) 7.Prapaid Finance Charge 5. N/AI7} B.Amount Financed {5 less 6 and 7) $__18033.44 (gy el ntatimane Gorman. cA. 103 103 7/1/2013. RSSIMVLFAICA 77112013 \2% tamatu Not for sling, Worms kuwer Financal Services ©7008, 2010 Page2 of \- ~ - 7 ee TOR Teron d THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY NOTICE. No person is financing the purchase of uired as a condition precedent to an eutomobile that any insurance be EVERY PERSON WHO PURCHASES A VEHICLE. IF negotiated or purchased through a particular insurance agent or YOU ARE UNSURE WHETHER OR NOT YOUR broker. CURRENT INSURANCE POLICY WILL COVER YOUR You must insure the Vehicls and other property securing this Contract. See the "Property Insurance” section on Page 5 of this NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN Contract. You are not required to provide any other insurance. ACCIDENT, YOU SHOULD CONTACT YOUR Property (nsurence INSURANCE AGENT. ‘erm Premium $. NIA. Ded. Comp., Fire & Theft —~ Mos. $, NIA WARNING: 8. NJA_ Ded. Coltiiion Mos. § NIA Bodily Injury $. Faris —— Mos. 8. NIA YOUR PRESENT POLICY MAY NOT COVER Property Damage $ Fanits Mos. § NWA COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE Medical Mos. $ NIA, BEING PURCHASED. IF YOU DO NOT HAVE FULL Mos. § NIA COVERAGE, SUPPLEMENTAL COVERAGE FOR Total Property Insurance Premiums 8, N/A (1) COLLISION DAMAGE MAY BE AVAILABLE TO YOU UNLESS A CHARGE IS INCLUDEO IN THIS AGREEMENT FOR THROUGH YOUR INSURANCE AGENT OR PUBLIC LIABILITY OR PROPERTY OAMAGE INSURANCE, THROUGH THE SELLING DEALER. HOWEVER, PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED BY THIS UNLESS OTHERWISE SPECIFIED, THE COVERAGE AGREEMENT. YOU OBTAIN THROUGH THE DEALER PROTECTS ex Duy te IS ee Insurance from any company ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF THE UNPAID BALANCE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD. Seller FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR If you purchase any optional credit insurance, then policies or DAMAGE TO YOUR VEHICLE, YOU SHOULD certificates from the insurer will describe the terms and CONTACT YOUR INSURANCE AGENT. conditions. were Application for Optional Credit Insurance THE BUYER SHALL SIGN TO ACKNOWLEDGE THAT UNDERSTANDS THESE PUBLIC LIABILITY O Credit tite: D Buyer O Co-Buyer © Joint | AND ZONDITJA NS. O1 Credit disability (Buyer) Term Exp. Premium sis\ YZ7 —_ Sis Credit lite: — Mos. s_N/A ree] ta Credit disabllity: —_ Mos. s NWA You may buy of decline the following Gap Waiver (debt Total credit insurance premiums $.N/A {21 cancallation agreement) or cny of the following service contracts. Name of insurance company They are not required to obtein credit, are not a factor in the credit decision, and are not a factor in the terms of the credit or the related sale of the Vehicle, These voluntary protections not Address (home office) be provided unless you sign and agree to pay the additional cost. ‘Your signature beiow means that you want the described item Credit insurance is not required to obtain credit and is nota and that you have received and reviewed a copy of the contracts) for the productis). If no charge is given for an item, tactar in our credit decision. We will not provide it unless you you have declined to purchase any such item. References to sign and agiee to pay the additional premium. If you want 1.1.1," to "1.1.5." and “1.K." below are to the Itemization of such insurance, we will obtain it for you (if you qualify for Amoum Financed on Page 2 of this Contract. a). We have quoted above ONLY the coverages you caveray A have c! josen to purchase. Service Contracts Company Term Price You are applying for the credit insurance marked above. Your signature below means that you agree that: 1. You are not See 4.1.1 ehgible for insurance if you have reached your 65th birthday. See 1.1.2 2. You ara not eligible for disability insurance unless you are See 1.1.9 working at least 0 hours a week for wages oF profit on the See 1.1.4 fffective Date. 3. Only the Buyer, not the Co-Buyer, is eligible for disability insurance, DISABIUTY INSURANGE MAY See 14.5 NOT COVER CONDITIONS FOR WHICH YOU HAVE SEEN A DOCTOR OR CHIROPRACTOR IN THE LAST 6 MONTHS. REFER TO THE “TOTAL DISABILITIES NOT COVERED" SECTION iN YOUR POLICY FOR DETAILS. Q Vz Buyer: al’ Date Co-Buyer: Date Sign if you want to buy credit insurance. @ Gap Waiver Tem 48 months 7 Pr s See 1K. See Gap Waiver {now made a part of this Contract} for conditions atk juyer so Dete Co-Buyer Age Q Boyer: - Date lk 5 Co-Buyer: Date Aarad trarativert Convactca CA-103 7;? 1172013 MVLFAZCA 7/9/2003 1s Systems Wot usm wethag. ‘e Page ‘Wolters Kluwer Fineocial Services 7008, 2010 3 af 9 . - . Cer Me TE EM LMT AoE Te Emon} Ownership and Outies Toward Vehicle. By giving us a security Tea) rs interest in the Vehicle, you represant and agree to the following: A, The security interest you are giving us in the Vehicle and Finance Charge and Payments. You agree to pay the Amount other property comes ahead of the claim of any other of Financed and Finance Charge as provided in the Payment your general or secured creditors. You agree to sign any Schedule in the TRUTH-IN-LENDING DISCLOSURE on Page 1 of additional documents or provide us with any additional this Contract. You also agree to pay the Late Charge described information we may require to keep our claim to the on Page 1, and ail other amounts required under this Contract. Vehicle and other property ahead of the claim of anyone Finance Charge will be computed each day. Finance Charge is else. You will not do anything to change our interest in the computed at the Annual Percentage Rate shown on Page 1 of Vehicle and other property this Contract. We may apply each payment to the Finance. 8. You will defend our interests in the Vehicle and other Charge, the unpaid part of the Amount Financed, and other property against claims made by anyone else. You will do amounts due under this Contract in any order we choose. whatever is necessary to keep our claim to the Vehicle and other property ahead of the claim of anyone else. Security. To secure your pa