On February 05, 2022 a
53057DECLA04ac85
was filed
involving a dispute between
and
in the District Court of Santa Cruz County.
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1 WILSON TURNER KOSMO LLP
ROBERT A. SHIELDS (206042)
2 HANG ALEXANDRA DO (305839)
402 West Broadway, Suite 1600
3 San Diego, California 92101
Telephone: (619) 236-9600
4 Facsimile: (619) 236-9669
Email: rshields@wilsonturnerkosmo.com
5 Email: hdo@wilsonturnerkosmo.com
Email: warrantyeservice@wilsonturnerkosmo.com
6
7 Attorneys for Defendant
NISSAN NORTH AMERICA, INC. (erroneously
8 sued herein as Nissan North America, Inc. d/b/a
Nissan USA and Nissan Security Plus)
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN MATEO
12
13 ROGER LEE, Case No. 20CIV00364
14 Plaintiff, DECLARATION OF TONYA
BROOKS IN SUPPORT OF MOTION
15 v. TO SET ASIDE ENTRY OF DEFAULT
16 STEVEN NG; WEI YING; NISSAN Complaint Filed: January 17, 2020
SECURITY PLUS; BBVA COMPASS; LTD
17 FINANCIAL SERVICES; DOES 1 to X, Date: June 20, 2022
Time: 2:00 p.m.
18 Defendants. Dept.: 23
Judge: Hon. Raymond Swope
19 Trial Date: Not set
20
21 I, Tonya Brooks, declare:
22 1. I am a Legal Specialist in the Legal Department for Nissan North America, Inc.
23 (“Nissan”). I have worked at Nissan for 15 years. I have personal knowledge of the facts contained
24 in this declaration and could and would testify competently to those facts if called as a witness.
25 2. As part of my job duties, once a case is assigned to my team, which manages certain
26 commercial litigation matters, I am responsible for assigning the case to outside counsel.
27 3. On January 10, 2022, Nissan became aware that a request for entry of default was
28 requested by Plaintiff against Nissan North America, Inc. when a notice was mailed to the Nissan
1
DECLARATION OF TONYA BROOKS IN SUPPORT OF MOTION TO SET ASIDE ENTRY OF DEFAULT
1 Consumer Affairs department in Murfreesboro, Tennessee, and forwarded to the Nissan North
2 America, Inc. (“NNA”) Legal Department at NNA Headquarters. I promptly and immediately engaged
3 outside counsel at the law firm of Shook Hardy & Bacon LLP. Shook Hardy & Bacon LLP is Nissan’s
4 coordinating counsel within California. Within days, I also engaged the law firm of Wilson Turner
5 Kosmo LLP to defend the interests of NNA locally.
6 4. Nissan has confirmed that Plaintiff did purchase a GAP policy; however, a thorough
7 search of Nissan records reflects that Plaintiff did not purchase a GAP policy provided or underwritten
8 by NNA or any entity affiliated with NNA. A copy of the sales contract is required in order to
9 determine from which company Plaintiff purchased his GAP insurance. Nissan has attempted to
10 obtain a copy of the sales contract for the Plaintiff’s vehicle from the dealership from which Plaintiff
11 made the purchase, but because the dealership where Plaintiff purchased the vehicle is no longer in
12 business, the sales contract is no longer available.
13 I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct.
15 Executed this 4th day of February, 2022, at Murfreesboro, Tennessee.
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_______________________
18 TONYA BROOKS
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DECLARATION OF TONYA BROOKS IN SUPPORT OF MOTION TO SET ASIDE ENTRY OF DEFAULT
Document Filed Date
February 05, 2022
Case Filing Date
February 05, 2022
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1 WILSON TURNER KOSMO LLP ROBERT A. SHIELDS (206042) 2 HANG ALEXANDRA DO (305839) 402 West Broadway, Suite 1600 3 San Diego, California 92101 Telephone: (619) 236-9600 4 Facsimile: (619) 236-9669 Email: rshields@wilsonturnerkosmo.com 5 Email: hdo@wilsonturnerkosmo.com Email: warrantyeservice@wilsonturnerkosmo.com 6 7 Attorneys for Defendant NISSAN NORTH AMERICA, INC. (erroneously 8 sued herein as Nissan North America, Inc. d/b/a Nissan USA and Nissan Security Plus) 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO 12 13 ROGER LEE, Case No. 20CIV00364 14 Plaintiff, DECLARATION OF TONYA BROOKS IN SUPPORT OF MOTION 15 v. TO SET ASIDE ENTRY OF DEFAULT 16 STEVEN NG; WEI YING; NISSAN Complaint Filed: January 17, 2020 SECURITY PLUS; BBVA COMPASS; LTD 17 FINANCIAL SERVICES; DOES 1 to X, Date: June 20, 2022 Time: 2:00 p.m. 18 Defendants. Dept.: 23 Judge: Hon. Raymond Swope 19 Trial Date: Not set 20 21 I, Tonya Brooks, declare: 22 1. I am a Legal Specialist in the Legal Department for Nissan North America, Inc. 23 (“Nissan”). I have worked at Nissan for 15 years. I have personal knowledge of the facts contained 24 in this declaration and could and would testify competently to those facts if called as a witness. 25 2. As part of my job duties, once a case is assigned to my team, which manages certain 26 commercial litigation matters, I am responsible for assigning the case to outside counsel. 27 3. On January 10, 2022, Nissan became aware that a request for entry of default was 28 requested by Plaintiff against Nissan North America, Inc. when a notice was mailed to the Nissan 1 DECLARATION OF TONYA BROOKS IN SUPPORT OF MOTION TO SET ASIDE ENTRY OF DEFAULT 1 Consumer Affairs department in Murfreesboro, Tennessee, and forwarded to the Nissan North 2 America, Inc. (“NNA”) Legal Department at NNA Headquarters. I promptly and immediately engaged 3 outside counsel at the law firm of Shook Hardy & Bacon LLP. Shook Hardy & Bacon LLP is Nissan’s 4 coordinating counsel within California. Within days, I also engaged the law firm of Wilson Turner 5 Kosmo LLP to defend the interests of NNA locally. 6 4. Nissan has confirmed that Plaintiff did purchase a GAP policy; however, a thorough 7 search of Nissan records reflects that Plaintiff did not purchase a GAP policy provided or underwritten 8 by NNA or any entity affiliated with NNA. A copy of the sales contract is required in order to 9 determine from which company Plaintiff purchased his GAP insurance. Nissan has attempted to 10 obtain a copy of the sales contract for the Plaintiff’s vehicle from the dealership from which Plaintiff 11 made the purchase, but because the dealership where Plaintiff purchased the vehicle is no longer in 12 business, the sales contract is no longer available. 13 I declare under penalty of perjury under the laws of the State of California that the foregoing 14 is true and correct. 15 Executed this 4th day of February, 2022, at Murfreesboro, Tennessee. 16 17 _______________________ 18 TONYA BROOKS 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF TONYA BROOKS IN SUPPORT OF MOTION TO SET ASIDE ENTRY OF DEFAULT