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| e ee eee
FILED
1 | NELSON H. MOSHER, JR. ALAMEDA CGUNTY
ATTORNEY AT LAW SB # 57853 9
2 || 15600 Washington Avenue EC Be |
San Lorenzo, CA 94580 DEC 2004
3 || Tel: 510-278-8854 Fax: 510-278-0757 CLERK OF THE SUPERIOR pe
ceutene . Ein
4 || ATTORNEY FOR PLAINTIFF By é 7 Deputy
; LEWIS RENTS, INC.
‘ SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
7 HAYWARD HALL OF JUSTICE (LIMITED CIVIL JURISDICTION)
8 || LEWIS RENTS, INC. Oe
Case No. HG04178978 ss
9&9 Plaintiff ee ee A Limited Civil Case
10 vs DECLARATION FOR JUDGMENT
PURSUANT CCP sec 585 (d)
11 || HAYVES E. STREETER
ind and d.b.a GOLDEN STATE
12 | IMAGING
Does Jthrough V, inclusive
13 Defendant /
14 I,Rafael Cruz, declare:
15 If sworn to testify, I would testify as to my own personal knowledge, competently thereto,
16 | as follows:
17 I am the controller of Lewis Rents, Inc. which is a corporation duly organized and existing
18 || under the laws of the State of California, and located in the unincorporated area known as San
19 | Lorenzo, Alameda County ,California. One of the duties as Controller is to keep the records of
20 ||Lewis Rents, Inc. and to keep track of the accounts of Lewis Rents, Inc.
21 T am informed and believe that Defendant Hayves E. Streeter is a residents of Oakland,
22 || Alameda County, California. The Hayward Hall of Justice is the court of proper jurisdiction because
23 ||it is the jurisdiction in which the contract was entered into. This action is not subject to the
24 ||provisions of section 1812.10 Civil Code or section 2984.4 Civil Code. Hayves E. Streeter presented
25 ||a business card that indicated that his business name was Golden State Imaging.
26 On February 27, 2004 prior to turning this matter over to itsattorney, Plaintiff Lewis Rents,
27 || Inc. caused to be sent to Defendant Golden State Imaging and Hayves Streeter a Statement of the
DECLARATION FOR JUDGMENT
1 Under CCP section 585(d)
account of the balance due. A copy of the Statement is attached hereto as Exhibit 1 and incorporated
herein.. On March 25, 2004 a notice pursuant to Code of Civil Procedure section 1033 was sent to
NH
Golden State Imaging, Attn: Hayves E. Streeter. A copy ofthe notice is attached hereto as Exhibit
WD
2 and incorporated herein.
BP
On or about December 30, 2003 Defendant Hayves E. Streeter on behalf of Golden State
NH
Imaging rented a 24’ diesel van with lift at rental rate set forth on the written rental contract.
NHN
Attached hereto as Exhibit 3 is a copy of the rental contract and incorporated herein. The Rental
SN
Contract is prepared in triplicate and is signed by the renter. One of the copies is given to the renter
Se
and the other two copies are retained by Lewis Rents, Inc. Exhibit 3 is the hard copy ofthe contract
oOo
signed by defendant Hayves E. Streeter. Prior to leaving the premises, an inspection of the rented
OC
vehicle ismade by an employee of Lewis Rents, Inc. and the renter. Attached to Exhibit 3 is the
KF
original inspection report signed by Defendant Hayves E. Streeter.
NHN
ae
On January 2, 2004 Defendant Hayves E. Streeter caused the vehicle to be returned by
WO
Reggie Foster. A copy statement of the returned vehicle signed by Reggie Foster is attached to
FBP
we
Exhibit 3. There was extensive damage to the box and the rear door caused by Defendant’s failure
WN
to secure his cargo and one of the tires needed to be repaired. Defendant’s agent took the check that
DB
was lefta security.
NI
After the vehicle and tire were repaired an invoice was prepared. A copy ofthe invoice dated
OB
wR
OBO
February 2, 2004 along with the invoices for the repairs are attached to Exhibit 3. The sum of
$1,428.98 was due on the contract. This sum represents the rental charges of $330.00, repair
COD
ND
charges of $996.75, mileage charge of $28.13 and sales tax of $74.10. No amount of the rental
KF
charges have been paid by the defendant.
NO
DN
Plaintiff requests judgment for the $1,428.98 principal, interest at the rate of 18% per year
WO
KN
from February 3, 2004 to December 1, 2004 in sum of $212.12 and costs of $ 212.30 and
FP
NY
attorney’s fees pursuant to the court schedule in the sum of $357.25 for a total judgment of
On
NY
$2,210.65.
WB
WY
The contract in paragraph 7 provides in part: “ Customer agrees to pay any collection costs
NI
NY
oH
NH
2 DECLARATION FOR JUDGMEN’
i
and attorneys fees incurred in the collection of this account...”
Interest was determined as follows: 311 days between February 3, 2004 to December 1, 2004
NYO
divided by 365 times 18% times $1,428.98 equals $212.12 interest. Paragraph 10 on the front page
WY
in the box in the lower eft hand corner provides: “Customers with a current and valid charge account,
FP
your invoices are due net 30 days or you will be assessed an 18% per year or 11/2 per month finance
DAW
charge on the delinquent balance.
DO
I declare under penalty of perjury a the laws of the State of California that the aforesaid
NI
is true and correct. Executed on oy (ef in Haryé,{4
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NO
3 DECLARATION FOR JUDGMEN]
STATEMENT | | _
- * Family Owned and Operated
lnee 1966 “
15740 HESPERIAN BLVD. WOMEN BUSINESS ENTERPRISE CERTIFIE
SAN LORENZO, CA 94580-1536 See oe ES
, INC. PHONE: (610)276-3080 a ‘
FAX; (610)278-9333
ACCOUNT NO.
: 636-4655 Tar al A
TERMS: - rs
eee
RANSACTION
~~ OVER'90 DAYS
or : oe wee : ae
nmSERVICE! CHARGE. OF14% PER MONTH WILL BE CHARGED ON Lo . cn
LL:BALANGCES,30DAYS* , , oe
EXHIBIT 1
: e NELSON H. MOSHER, JR. @
ATTORNEY AT LAW
15600 WASHINGTON AVENUE
SAN LORENZO, CA 94580
VOICE: (510) 278-8854.
FAX: (510) 278-0757
MARCH 25, 2004,
GOLDEN STATE IMAGING
ATTN: HAYVES E. STREETER
850 92ND AVENUE #3
OAKLAND, CA 94603
RE: LEWIS RENTS, INC.
DEAR MR. STREETER:
THIS OFFICE REPRESENTS LEWIS RENTS, INC. WITH REFERENCE TO YOUR ACCOUNT WITH
THEM.
THE SUM OF ONE THOUSAND FOUR HUNDRED TWENTY-EIGHT AND 98/7 100 DOLLARS
AND DOLLARS AND ($1,428.98) IS DUE AND OWING. IFWE DO NOT RECEIVE FULL PAYMENT WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS LETTER, WE SHALL FILE SUIT WHICH WILL RESULT IN A
JUDGMENT AGAINST YOU, WHICH WILL INCLUDE, INADDITION TO THE PRINCIPAL AMOUNT OWED, THE
ACTUAL COSTS OF FILING FEES, COST FOR SERVICE OF PROCESS, INTEREST AND ATTORNEY'S FEES
AS ALLOWED BY LAW.
YOU MAY FEEL THAT WE WILL NOT FILE SUIT, BUT IN AS MUCH AS THE COURT WILL MAKE YOU
PAY OUR COURT COSTS, WE ASSURE YOU, WE WILL FILE SUIT.
TO AVOID ANY MISTAKES, YOUR PAYMENT SHOULD BE MADE DIRECTLY TO THIS OFFICE.
VERY TRULY YOURS,
LA: Hon
NELSON H. MOSHER, JR.
cc: LEWIS RENTS, INC.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ALL INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
a
EXHIBIT 2
HOURS
. 15740 HESPERIAN BLVD. a, ) oO U MON -
SUNDAY
SAT 7:00
8:00
A.M.
A.M. -
-5:30
5:00
P.M.
P.M.
SAN LORENZO, CA 94580
INTER HOURS SUBJECT TO CHANGE
ING.
510-276-3080 © FAX 510-278-9333 510-276-3080 « FAX 510-278-9333
A
: CONTRACT
aR Atte Si
Ota: A th—hase INVOICE # R-CONTRACT
CONTRACT LRSS6Saa
LRG SOW PGRG |
‘DATE AND
i = TIME IN
BILL GOLDEN STATE IMAGING |
Si
FO “WEIS:
HAYWES ohSTREETER
- DATE
DATE AND
ANC 1E/ER/E00S Ch
B14 «
BSH SEND AVE HS ~
OAKLAND, CA. 54683 94603 ELAPSED
BOLDEN STATE IMAGING Pamity Oued aud Operated since 1966
NP HoyWES STREETER |
Os Sa OOND AYE #S WOMEN BUSINESS ENTERPRISE CERTIFIED
. CAKLAND, CA.946835 94605 7
(WRITTEN BY CHECKED INBY AGENT JOB NUMBER/LOCATION
GREG GONZALES HAYWES STREETER HASL4664
V.L.OR JOB PHONE DRIVERS LICENSE NUMBER P.O.NO. OR BIRTHDATE DATE AND TIMEDUE IN
AS14664 Le/ Sa / GS 16s30
QUANTITY — PART NUMBER _ DESCRIPTION na “RIGOR ERE ERWEEE EES AMOUNT
1 DAY RENTAL IN BY 9. @@AM) 1e/34
1) S@ESG 247 DTESEL VAN W/LIFT 7S. W/ GH) US. Be OM. dae Se. HAL Se. eet Hz. Gaz
BREE ERERMREREERERERHREEREEER ERE ERE BEBE REE HEE PEUVEERSREEE
. DAMAGE WAIVER DOES NOT COVER TIRES , OVERHEAD WAN,
ENGINE OR UNDERCARRIAGE.
WHEN ABDDING FUEL CHECK ENGINE GFL
. CUSTOMER RESPONSIBLE FOR FLAT TIRES & TIRE DAMAGE
CUSTOMER RESPONSTALE FOR ALL FUEL CHARGES
USE DIESEL FUEL ONLY
eee tan he mm nan atta. Leama abeam al HEE
» Miles @ 4.29 per mile. | START= 9Ef4i4., a Wet
1 9 Sit Ge ACCEPTS FIXED D/W Sa. Bas AD 3.53 Su, GLA, | BSL eae Sa. Ze
ESLEREM EEE RERERREREEEREREHUHRERHEREME BREE RHE EHREREE
HEME REECE E REECE HREHRE CER ERER RECHERCHE EEE HEHE
Cit y items Purchased fetburnm: sec Each Amount
al D DIE “SEL. FUEL GAL 8f2Saa5 a a). Se » Gt
PLEASE READ BEFORE SIGNING ee
IF ALL ITEMS ARE
.YOU MAY
AMOUNT
ELECT TO
OF
ACCEPT
OUR DAMAGEWAIVER
$20.00/DAY ~ $100.00/WEEK
CHARGEFOR
- $250.00/MONTH
ONALL
ANADDITIONAL
TRUCK
FEE
RENTALS
OF10%
(REFERTO
OF THE
TOTAL
SECTION
EQUIPMENT
17 ONBACK
OF
RENTAL,
ORA FIXED
CONTRACT). RETURNED AT
. DAMAGEWAIVER
DOESNOTCOVER ANYOVERHEAD
OR UNDERCARRIAGE
DAMAGE(REFER
TOSECTION17 ON
BACKOFCONTRACT).
.CUSTOMERIS RESPONSIBLE
FORANYANDALL DAMAGE
TO TIRES
ANDTUBESCAUSEDBYBLOWOUT,
BRUISES,
FLATS,
CUTS,ROADHAZARDS "DUE IN" TIRE
OR OTHERCAUSES,
CUSTOMERIS RESPONSIBLE
FOR CHEGK' WATERANDOILDAILY
(REFER
TO SECTION
17 ON
BACKOFCONTRACT) \.
.CUSTOMERUNDERSTANDSTHATTHEDAMAGEWAIVER1S URANCEANDAGCEPTS/DECLINES
THEDAMAGE WAIVER
BYINITIALING
IN CHARGES WILL BE:
CF).
THE INDICATED
SPACE(REFER TO
SECTION
acceptsLJ
17 ON
BAC!
anrtiacsy? pecunesLJ animats) RENTAL Lig. aia
5.CUSTOMERIS RESPONSIBLE
FORTHEFTOFEQul N WILLBE CHARGED
CURRENT
REPLACEMENTCOSTPLUSRENTALUPTOTHE | (TRUCKS FIXED
TIMETHEEQUIPMENT
IS REPLACED
ANDIN "READY
TO RENT"
CONDITION.
6.IF EQUIPMENT
FAILS,DO
NOTATTEMPT
TO REPAIR.
NOTIFYOUROFFICE
AT ONCE
BY CALLING
(510) 276-3080.
NO ALLOWANCE
WILLBEMADE D/W), FUEL @ &. Se
7.
IF OFFICE
WE
IS NOT,
SELL TIME.
IFIED. WE
CNARGE
CHARGE
FOR
FOR
ALL TIME
OUT
BOTHDELIVERY
INCLUDING
ANDPICK
SATURDAY,
UP.
SUNDAY,ANDHOLIDAYS.
OVERTIME
RATES:
1/6 DAILY
RATE
PER HOUR, PER GAL.
8. (INITIALS) CUSTOMERHASBEENGIVEN
ANDUNDERSTANDS
WRITTEN
AND/ORORALOPERATING
ANDSAFETYINSTRUCTIONS.
SALES TA
9.IF voysive 'Y QUESTIONS
10. CUSTOMER(S)
WITH
REGARDING
A CURRENT
AND
THIS
VALID
BILLING,
CHARGE
PLEASE
ACCOUNT,
NOTIFY
YOUR
USAT ONCE.
INVOICES
ARE
NO
DUE
ADJUSTMENT
NET30DAYS
WILL
OR
BE
YOU
MADE
WILL
AFTER
BE
10 DAYS.
ASSESSEDAN18%
EXHIBIT 3
PERYEAROR 14%PERMONTHFINANCECHARGEONTHEDELINQUENT
BALANCE.
41,[HAVE
READ,
DISCUSSED
AND UNDERSTAND F4/E TERMS
ANDCONDITIONS
OF THIS
AGREEMENTANDAGREETHERETO.
THESIGNEROF THIS
k Y MENT. ie
-HEsPONTRACT/INVOICE
LESSANYDEPOSIT
GIVEN
AT TIME
OFRENTAL. . CONTRACT
SIGNATURE SE PRINTNAME (CHE
Ra
ws fo .
A
pa-
CIE OTHER PHAN LESSEE,
; SIGNER REPHESENTS: HEI {S AGENT.OFAND AUTHORIZE 'Q-SIGN:FOR LESSEE. -|”
ORIGINAL-OFFICE PRICES SUBJECT TO CHANGE WITHOUT NOTIFICATION
TERNS and CONDITIONS ; ’
Forthepurposeof this
RentalAgreement,“Rental
Genter”shall
mean RentalCenter, and understandssafety
and operating
instructions
and who does notutilize
allsafety
its
owners.officers,
directors,
shareholders,
andemployees,and“Customer shall
mean equipmentrequired
tooperatetheequipmentor usetheequipment.Customershall
not
Customer,its
agenisand/orEmployees. allowanyperesnio useoroperateiheequipmentwhen it
isinneed ofrepair
orwhen it
Inconsideration
ofhiring
ofthe vehicles
and/orequipment(herein
“theequipment") is in an
uns gAiton or situation;
modify,
misuse,harmorabuse theequipment,
permit
described
on thefrontofthis
RentalAgreementit is
agreedas follows: any repaié#*o
theequipmentwithout
RentalCenter's
prior
written
permission;
orallowa
1. INDEMNITY/HOLD HARMLESS. CUSTOMER WILL TAKEALL NECESSARY PRE- lientobeplacedupon theequipment.
CAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS Customeragreesto check:
filters,
fluid
levels,
air pressure.
clean
and visually
inspect
AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD theequipmentatleast
dallyandtoimmediately
discontinue
useand notify
Rental
Center
HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITY, when equipmentisfoundto needrepairormaintenanceorisnotproperlyfunctioning.
CLAIMS. JUDGMENTS. ATTORNEYS’ FEES AND COSTS. OF EVERY KIND AND CustomeracknowledgesthatRertal
Centerhasno responsibility
toInspect
theequipment
NATURE INCLUDING, BUT NOT LIMITED TO INJURIESOR DEATH TO PERSONS whileit is
InGustomer’spossession.
AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, 10.RETURN OF EQUIPMENT. Customer agreestoreturn
to Rental
Center uponor
INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE beforeRentalAgreement AgreedReturnDate.theequipmentin asgood condition
as
EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATIONARIS- when received,
ordinary
wearandiear excepted.
Custorner
shall
be liable
forall
damages
ING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTAL tooflossoftheequipmentoccurring
becauseit wasnotreturned
during
RentalCenter's
CENTER. regular
businesshours.Customershallbe responsible
forallcostsincurred
by Rental
2,ASSUMPTION OF RISIVRELEASE - DISCHARGE OF LIABILITY.
CUSTOMER Centerrecovering
and returning
damaged equipmentteRentalCenter's
premises.
iSFULLY SWARE AND ACKNOWLEDGES THERE IS ARISKOF INJURY OR DAMAGE Ti. DISCLAIMER OF WARRANTIES. RenialCenter makes no-warranty of
ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HERE- merchantability
of finess
for any
particular
use or purpose,
either
express
or implled.
There
UNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO entitled.
- '
checks)andVehicleCode Section
10855 (relating
tofailure
toreturnleased
orrented 15,RETAKING OF EQUIPMENT. Ifforany reasonit becomes
necessaryforRental
vehicles
uton rental
agreementtermination). Center toretakethe equipment,Customer authorizes
RentalCenter toretakethe
6.POSSESSION/TITLE. Customersright
topossessionof the
equipmentterminates equipmentwithoutfurther
noticeorfurther
legal
processand agreesthatRentalCenter
’
on theAg’eed ReturnDateindicated
on thefront
ofthisRentalAgreement.Retention
— shallnotbeliable
for
any claims
for damageortrespass
arising
outof theremoval
ofthe
ofpossessionafter
thisdateconstitutes
a material
breachofthis
RentalAgreement. equipment.
Time isofthe essenceofthisRentalAgreement.Any extensionofthisRental 16.LEGAL FEES. In ithe
eventanattorney
isretained
toenforceanyprovision
ofthis
Agreement mustbe agreedupon in-writing,
TitletoIneequipmentisand shall
remain. RentalAgreement,
theprevailing party
in the
dispute
shall
be entitled
to recover
reasonable
inRentalCenter.Iftheequipmentis notreturned
and/orlevied“uponforanyreascn _attorney's
feesandcourtcosts
in such
action,
or proceeding.
in an
amount to be
determined
whatsoever.
RentalCentermay retakesaiditems
withoutfurther
notice
orlegalprocess
— by thecourt.
and usewhateverforceisreasonablynecessary
fo doso.Custornerherebyagreesto 17.ACCIDENTAL DAMAGE W AIVER. Accidental
damage waiverisnotinsurance.
By
indernnify.
defendand holdRentalCenterharmlessfromany and all
claimsand costs Customeraccepting
theAccidental
Damage Waiveron thefront
of this
RentalAgreement
arising
fromsuchretaking and/or
levy.
If equipment
islevied
upon,Customershallnotify and withimmediate
Preview
| e ee eee FILED 1 | NELSON H. MOSHER, JR. ALAMEDA CGUNTY ATTORNEY AT LAW SB # 57853 9 2 || 15600 Washington Avenue EC Be | San Lorenzo, CA 94580 DEC 2004 3 || Tel: 510-278-8854 Fax: 510-278-0757 CLERK OF THE SUPERIOR pe ceutene . Ein 4 || ATTORNEY FOR PLAINTIFF By é 7 Deputy ; LEWIS RENTS, INC. ‘ SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA 7 HAYWARD HALL OF JUSTICE (LIMITED CIVIL JURISDICTION) 8 || LEWIS RENTS, INC. Oe Case No. HG04178978 ss 9&9 Plaintiff ee ee A Limited Civil Case 10 vs DECLARATION FOR JUDGMENT PURSUANT CCP sec 585 (d) 11 || HAYVES E. STREETER ind and d.b.a GOLDEN STATE 12 | IMAGING Does Jthrough V, inclusive 13 Defendant / 14 I,Rafael Cruz, declare: 15 If sworn to testify, I would testify as to my own personal knowledge, competently thereto, 16 | as follows: 17 I am the controller of Lewis Rents, Inc. which is a corporation duly organized and existing 18 || under the laws of the State of California, and located in the unincorporated area known as San 19 | Lorenzo, Alameda County ,California. One of the duties as Controller is to keep the records of 20 ||Lewis Rents, Inc. and to keep track of the accounts of Lewis Rents, Inc. 21 T am informed and believe that Defendant Hayves E. Streeter is a residents of Oakland, 22 || Alameda County, California. The Hayward Hall of Justice is the court of proper jurisdiction because 23 ||it is the jurisdiction in which the contract was entered into. This action is not subject to the 24 ||provisions of section 1812.10 Civil Code or section 2984.4 Civil Code. Hayves E. Streeter presented 25 ||a business card that indicated that his business name was Golden State Imaging. 26 On February 27, 2004 prior to turning this matter over to itsattorney, Plaintiff Lewis Rents, 27 || Inc. caused to be sent to Defendant Golden State Imaging and Hayves Streeter a Statement of the DECLARATION FOR JUDGMENT 1 Under CCP section 585(d) account of the balance due. A copy of the Statement is attached hereto as Exhibit 1 and incorporated herein.. On March 25, 2004 a notice pursuant to Code of Civil Procedure section 1033 was sent to NH Golden State Imaging, Attn: Hayves E. Streeter. A copy ofthe notice is attached hereto as Exhibit WD 2 and incorporated herein. BP On or about December 30, 2003 Defendant Hayves E. Streeter on behalf of Golden State NH Imaging rented a 24’ diesel van with lift at rental rate set forth on the written rental contract. NHN Attached hereto as Exhibit 3 is a copy of the rental contract and incorporated herein. The Rental SN Contract is prepared in triplicate and is signed by the renter. One of the copies is given to the renter Se and the other two copies are retained by Lewis Rents, Inc. Exhibit 3 is the hard copy ofthe contract oOo signed by defendant Hayves E. Streeter. Prior to leaving the premises, an inspection of the rented OC vehicle ismade by an employee of Lewis Rents, Inc. and the renter. Attached to Exhibit 3 is the KF original inspection report signed by Defendant Hayves E. Streeter. NHN ae On January 2, 2004 Defendant Hayves E. Streeter caused the vehicle to be returned by WO Reggie Foster. A copy statement of the returned vehicle signed by Reggie Foster is attached to FBP we Exhibit 3. There was extensive damage to the box and the rear door caused by Defendant’s failure WN to secure his cargo and one of the tires needed to be repaired. Defendant’s agent took the check that DB was lefta security. NI After the vehicle and tire were repaired an invoice was prepared. A copy ofthe invoice dated OB wR OBO February 2, 2004 along with the invoices for the repairs are attached to Exhibit 3. The sum of $1,428.98 was due on the contract. This sum represents the rental charges of $330.00, repair COD ND charges of $996.75, mileage charge of $28.13 and sales tax of $74.10. No amount of the rental KF charges have been paid by the defendant. NO DN Plaintiff requests judgment for the $1,428.98 principal, interest at the rate of 18% per year WO KN from February 3, 2004 to December 1, 2004 in sum of $212.12 and costs of $ 212.30 and FP NY attorney’s fees pursuant to the court schedule in the sum of $357.25 for a total judgment of On NY $2,210.65. WB WY The contract in paragraph 7 provides in part: “ Customer agrees to pay any collection costs NI NY oH NH 2 DECLARATION FOR JUDGMEN’ i and attorneys fees incurred in the collection of this account...” Interest was determined as follows: 311 days between February 3, 2004 to December 1, 2004 NYO divided by 365 times 18% times $1,428.98 equals $212.12 interest. Paragraph 10 on the front page WY in the box in the lower eft hand corner provides: “Customers with a current and valid charge account, FP your invoices are due net 30 days or you will be assessed an 18% per year or 11/2 per month finance DAW charge on the delinquent balance. DO I declare under penalty of perjury a the laws of the State of California that the aforesaid NI is true and correct. Executed on oy (ef in Haryé,{4 Se Oo © = NO WH BP mim HR I vA OH RR BO OD DO KF WN NY NHN WD HN BR NHN NH A KN NY SNS bwoO oo NO 3 DECLARATION FOR JUDGMEN] STATEMENT | | _ - * Family Owned and Operated lnee 1966 “ 15740 HESPERIAN BLVD. WOMEN BUSINESS ENTERPRISE CERTIFIE SAN LORENZO, CA 94580-1536 See oe ES , INC. PHONE: (610)276-3080 a ‘ FAX; (610)278-9333 ACCOUNT NO. : 636-4655 Tar al A TERMS: - rs eee RANSACTION ~~ OVER'90 DAYS or : oe wee : ae nmSERVICE! CHARGE. OF14% PER MONTH WILL BE CHARGED ON Lo . cn LL:BALANGCES,30DAYS* , , oe EXHIBIT 1 : e NELSON H. MOSHER, JR. @ ATTORNEY AT LAW 15600 WASHINGTON AVENUE SAN LORENZO, CA 94580 VOICE: (510) 278-8854. FAX: (510) 278-0757 MARCH 25, 2004, GOLDEN STATE IMAGING ATTN: HAYVES E. STREETER 850 92ND AVENUE #3 OAKLAND, CA 94603 RE: LEWIS RENTS, INC. DEAR MR. STREETER: THIS OFFICE REPRESENTS LEWIS RENTS, INC. WITH REFERENCE TO YOUR ACCOUNT WITH THEM. THE SUM OF ONE THOUSAND FOUR HUNDRED TWENTY-EIGHT AND 98/7 100 DOLLARS AND DOLLARS AND ($1,428.98) IS DUE AND OWING. IFWE DO NOT RECEIVE FULL PAYMENT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER, WE SHALL FILE SUIT WHICH WILL RESULT IN A JUDGMENT AGAINST YOU, WHICH WILL INCLUDE, INADDITION TO THE PRINCIPAL AMOUNT OWED, THE ACTUAL COSTS OF FILING FEES, COST FOR SERVICE OF PROCESS, INTEREST AND ATTORNEY'S FEES AS ALLOWED BY LAW. YOU MAY FEEL THAT WE WILL NOT FILE SUIT, BUT IN AS MUCH AS THE COURT WILL MAKE YOU PAY OUR COURT COSTS, WE ASSURE YOU, WE WILL FILE SUIT. TO AVOID ANY MISTAKES, YOUR PAYMENT SHOULD BE MADE DIRECTLY TO THIS OFFICE. VERY TRULY YOURS, LA: Hon NELSON H. MOSHER, JR. cc: LEWIS RENTS, INC. THIS IS AN ATTEMPT TO COLLECT A DEBT. ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a EXHIBIT 2 HOURS . 15740 HESPERIAN BLVD. a, ) oO U MON - SUNDAY SAT 7:00 8:00 A.M. A.M. - -5:30 5:00 P.M. P.M. SAN LORENZO, CA 94580 INTER HOURS SUBJECT TO CHANGE ING. 510-276-3080 © FAX 510-278-9333 510-276-3080 « FAX 510-278-9333 A : CONTRACT aR Atte Si Ota: A th—hase INVOICE # R-CONTRACT CONTRACT LRSS6Saa LRG SOW PGRG | ‘DATE AND i = TIME IN BILL GOLDEN STATE IMAGING | Si FO “WEIS: HAYWES ohSTREETER - DATE DATE AND ANC 1E/ER/E00S Ch B14 « BSH SEND AVE HS ~ OAKLAND, CA. 54683 94603 ELAPSED BOLDEN STATE IMAGING Pamity Oued aud Operated since 1966 NP HoyWES STREETER | Os Sa OOND AYE #S WOMEN BUSINESS ENTERPRISE CERTIFIED . CAKLAND, CA.946835 94605 7 (WRITTEN BY CHECKED INBY AGENT JOB NUMBER/LOCATION GREG GONZALES HAYWES STREETER HASL4664 V.L.OR JOB PHONE DRIVERS LICENSE NUMBER P.O.NO. OR BIRTHDATE DATE AND TIMEDUE IN AS14664 Le/ Sa / GS 16s30 QUANTITY — PART NUMBER _ DESCRIPTION na “RIGOR ERE ERWEEE EES AMOUNT 1 DAY RENTAL IN BY 9. @@AM) 1e/34 1) S@ESG 247 DTESEL VAN W/LIFT 7S. W/ GH) US. Be OM. dae Se. HAL Se. eet Hz. Gaz BREE ERERMREREERERERHREEREEER ERE ERE BEBE REE HEE PEUVEERSREEE . DAMAGE WAIVER DOES NOT COVER TIRES , OVERHEAD WAN, ENGINE OR UNDERCARRIAGE. WHEN ABDDING FUEL CHECK ENGINE GFL . CUSTOMER RESPONSIBLE FOR FLAT TIRES & TIRE DAMAGE CUSTOMER RESPONSTALE FOR ALL FUEL CHARGES USE DIESEL FUEL ONLY eee tan he mm nan atta. Leama abeam al HEE » Miles @ 4.29 per mile. | START= 9Ef4i4., a Wet 1 9 Sit Ge ACCEPTS FIXED D/W Sa. Bas AD 3.53 Su, GLA, | BSL eae Sa. Ze ESLEREM EEE RERERREREEEREREHUHRERHEREME BREE RHE EHREREE HEME REECE E REECE HREHRE CER ERER RECHERCHE EEE HEHE Cit y items Purchased fetburnm: sec Each Amount al D DIE “SEL. FUEL GAL 8f2Saa5 a a). Se » Gt PLEASE READ BEFORE SIGNING ee IF ALL ITEMS ARE .YOU MAY AMOUNT ELECT TO OF ACCEPT OUR DAMAGEWAIVER $20.00/DAY ~ $100.00/WEEK CHARGEFOR - $250.00/MONTH ONALL ANADDITIONAL TRUCK FEE RENTALS OF10% (REFERTO OF THE TOTAL SECTION EQUIPMENT 17 ONBACK OF RENTAL, ORA FIXED CONTRACT). RETURNED AT . DAMAGEWAIVER DOESNOTCOVER ANYOVERHEAD OR UNDERCARRIAGE DAMAGE(REFER TOSECTION17 ON BACKOFCONTRACT). .CUSTOMERIS RESPONSIBLE FORANYANDALL DAMAGE TO TIRES ANDTUBESCAUSEDBYBLOWOUT, BRUISES, FLATS, CUTS,ROADHAZARDS "DUE IN" TIRE OR OTHERCAUSES, CUSTOMERIS RESPONSIBLE FOR CHEGK' WATERANDOILDAILY (REFER TO SECTION 17 ON BACKOFCONTRACT) \. .CUSTOMERUNDERSTANDSTHATTHEDAMAGEWAIVER1S URANCEANDAGCEPTS/DECLINES THEDAMAGE WAIVER BYINITIALING IN CHARGES WILL BE: CF). THE INDICATED SPACE(REFER TO SECTION acceptsLJ 17 ON BAC! anrtiacsy? pecunesLJ animats) RENTAL Lig. aia 5.CUSTOMERIS RESPONSIBLE FORTHEFTOFEQul N WILLBE CHARGED CURRENT REPLACEMENTCOSTPLUSRENTALUPTOTHE | (TRUCKS FIXED TIMETHEEQUIPMENT IS REPLACED ANDIN "READY TO RENT" CONDITION. 6.IF EQUIPMENT FAILS,DO NOTATTEMPT TO REPAIR. NOTIFYOUROFFICE AT ONCE BY CALLING (510) 276-3080. NO ALLOWANCE WILLBEMADE D/W), FUEL @ &. Se 7. IF OFFICE WE IS NOT, SELL TIME. IFIED. WE CNARGE CHARGE FOR FOR ALL TIME OUT BOTHDELIVERY INCLUDING ANDPICK SATURDAY, UP. SUNDAY,ANDHOLIDAYS. OVERTIME RATES: 1/6 DAILY RATE PER HOUR, PER GAL. 8. (INITIALS) CUSTOMERHASBEENGIVEN ANDUNDERSTANDS WRITTEN AND/ORORALOPERATING ANDSAFETYINSTRUCTIONS. SALES TA 9.IF voysive 'Y QUESTIONS 10. CUSTOMER(S) WITH REGARDING A CURRENT AND THIS VALID BILLING, CHARGE PLEASE ACCOUNT, NOTIFY YOUR USAT ONCE. INVOICES ARE NO DUE ADJUSTMENT NET30DAYS WILL OR BE YOU MADE WILL AFTER BE 10 DAYS. ASSESSEDAN18% EXHIBIT 3 PERYEAROR 14%PERMONTHFINANCECHARGEONTHEDELINQUENT BALANCE. 41,[HAVE READ, DISCUSSED AND UNDERSTAND F4/E TERMS ANDCONDITIONS OF THIS AGREEMENTANDAGREETHERETO. THESIGNEROF THIS k Y MENT. ie -HEsPONTRACT/INVOICE LESSANYDEPOSIT GIVEN AT TIME OFRENTAL. . CONTRACT SIGNATURE SE PRINTNAME (CHE Ra ws fo . A pa- CIE OTHER PHAN LESSEE, ; SIGNER REPHESENTS: HEI {S AGENT.OFAND AUTHORIZE 'Q-SIGN:FOR LESSEE. -|” ORIGINAL-OFFICE PRICES SUBJECT TO CHANGE WITHOUT NOTIFICATION TERNS and CONDITIONS ; ’ Forthepurposeof this RentalAgreement,“Rental Genter”shall mean RentalCenter, and understandssafety and operating instructions and who does notutilize allsafety its owners.officers, directors, shareholders, andemployees,and“Customer shall mean equipmentrequired tooperatetheequipmentor usetheequipment.Customershall not Customer,its agenisand/orEmployees. allowanyperesnio useoroperateiheequipmentwhen it isinneed ofrepair orwhen it Inconsideration ofhiring ofthe vehicles and/orequipment(herein “theequipment") is in an uns gAiton or situation; modify, misuse,harmorabuse theequipment, permit described on thefrontofthis RentalAgreementit is agreedas follows: any repaié#*o theequipmentwithout RentalCenter's prior written permission; orallowa 1. INDEMNITY/HOLD HARMLESS. CUSTOMER WILL TAKEALL NECESSARY PRE- lientobeplacedupon theequipment. CAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS Customeragreesto check: filters, fluid levels, air pressure. clean and visually inspect AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD theequipmentatleast dallyandtoimmediately discontinue useand notify Rental Center HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITY, when equipmentisfoundto needrepairormaintenanceorisnotproperlyfunctioning. CLAIMS. JUDGMENTS. ATTORNEYS’ FEES AND COSTS. OF EVERY KIND AND CustomeracknowledgesthatRertal Centerhasno responsibility toInspect theequipment NATURE INCLUDING, BUT NOT LIMITED TO INJURIESOR DEATH TO PERSONS whileit is InGustomer’spossession. AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, 10.RETURN OF EQUIPMENT. Customer agreestoreturn to Rental Center uponor INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE beforeRentalAgreement AgreedReturnDate.theequipmentin asgood condition as EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATIONARIS- when received, ordinary wearandiear excepted. Custorner shall be liable forall damages ING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTAL tooflossoftheequipmentoccurring becauseit wasnotreturned during RentalCenter's CENTER. regular businesshours.Customershallbe responsible forallcostsincurred by Rental 2,ASSUMPTION OF RISIVRELEASE - DISCHARGE OF LIABILITY. CUSTOMER Centerrecovering and returning damaged equipmentteRentalCenter's premises. iSFULLY SWARE AND ACKNOWLEDGES THERE IS ARISKOF INJURY OR DAMAGE Ti. DISCLAIMER OF WARRANTIES. RenialCenter makes no-warranty of ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HERE- merchantability of finess for any particular use or purpose, either express or implled. There UNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO entitled. - ' checks)andVehicleCode Section 10855 (relating tofailure toreturnleased orrented 15,RETAKING OF EQUIPMENT. Ifforany reasonit becomes necessaryforRental vehicles uton rental agreementtermination). Center toretakethe equipment,Customer authorizes RentalCenter toretakethe 6.POSSESSION/TITLE. Customersright topossessionof the equipmentterminates equipmentwithoutfurther noticeorfurther legal processand agreesthatRentalCenter ’ on theAg’eed ReturnDateindicated on thefront ofthisRentalAgreement.Retention — shallnotbeliable for any claims for damageortrespass arising outof theremoval ofthe ofpossessionafter thisdateconstitutes a material breachofthis RentalAgreement. equipment. Time isofthe essenceofthisRentalAgreement.Any extensionofthisRental 16.LEGAL FEES. In ithe eventanattorney isretained toenforceanyprovision ofthis Agreement mustbe agreedupon in-writing, TitletoIneequipmentisand shall remain. RentalAgreement, theprevailing party in the dispute shall be entitled to recover reasonable inRentalCenter.Iftheequipmentis notreturned and/orlevied“uponforanyreascn _attorney's feesandcourtcosts in such action, or proceeding. in an amount to be determined whatsoever. RentalCentermay retakesaiditems withoutfurther notice orlegalprocess — by thecourt. and usewhateverforceisreasonablynecessary fo doso.Custornerherebyagreesto 17.ACCIDENTAL DAMAGE W AIVER. Accidental damage waiverisnotinsurance. By indernnify. defendand holdRentalCenterharmlessfromany and all claimsand costs Customeraccepting theAccidental Damage Waiveron thefront of this RentalAgreement arising fromsuchretaking and/or levy. If equipment islevied upon,Customershallnotify and withimmediate