THE GOLDEN 1 CREDIT UNION VS. CARLOS A ROMERO et al
001C02746146
Instructions:
Please place this sheet on top of the document to be scanned.Page 2 AR G N A L - sumra
a (CITACION JUDIC 'AL) (B0L SORT USE ONLY
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
CARLOS A. ROMERO; and DOES 1 through 10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
THE GOLDEN 1 CREDIT UNION
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case, There may be a court form that you can use for your response. You can find these court forms and more information at the Califomla Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attomey, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www. tawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Si no responde centro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacién a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esia citacidn y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una Hamada telefonica no fo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usied pueda usar para su respuesta.
Puede encontrar estos formularios de fa corte y mas informacidn en el Centro de Ayuda de jas Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado 0 en ia corte que fe quede mas cerca. Si no puede pagar la cuota de preseniacidn, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimienta y ta corte le
podra quitar su sueldo, dinero y bienes sin nds advertencia.
Hay otros requisitos legales. Es recornendable que lame a un abogado inmediatamente. Si ne conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de Califomia Legal Services,
(www. lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte 0 ef
colegio de abogados locales. AVISO: Por ey, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cuaiquier reeuperacion de $10,000 6 mas de vaior recibida mediante un acuerdo 0 una concesién de arbitraje en un caso de derecho civil. Tiene que
pagar ef gravamen de Ia corte antes de que la corte pueda desechar el caso.
The name and address of the court is: SENUMB ER:
(El nombre y direccién de la corte es): ¢ Ge mer cho) “4 9 6 4 q 9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO, CIVIL DIVISION, LIMITED
400 MCALLISTER ST.
SAN FRANCISCO, CA 94102 :
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, fa direccién y el nimero de teléfono del abogado de! demandante, o del demandante que no tiene abogado, es):
BARRY A. SMITH, ESQ. (SBN: 48697) / JENNIFER A. SMITH, ESQ. (SBN: 185377) (213) 891-0700 (213) 896-
0400
BUCHALTER NEMER
1000 WILSHIRE BLVD., Suite #1500 LOS ANGELES, CA 90017 D. STEPPE
DATE: Clerk, by , Deputy
(Fecha) JAN 2 8 2010 eo Ea eee se (Secretario) 7 | Adjunto)
(For proof of service of this summarts*tise Proof of Service of Summons (form POS-010).) U
(Para prugba nalegtrega de esta citation use el formulario Proof of Service of Summons, (POS-070)).
NOTICE TO THE PERSON SERVED: You are served
1. C] as an individual defendant.
A
4 2. [LJ as the person sued under the fictitious name of (specify):
me oe .
3. [C] on behalf of (specify):
under: [_] CCP 416.10 (corporation) 1] CCP 416.60 (minor)
L) CCP 416.20 (defunct corporation) [_] CCP 416.70 (conservatee)
[J CCP 416.40 (association or partnership) [] CCP 416.90 (authorized person)
CJ other (specify):
4. [by personal delivery on (date):
Page # of 1
Form Adopted for Mandatory Use SUMMONS American LegalNet, Inc. Code of Civil Procedure §§ 412.20, 465
Judicial Council of California www.caurtinio.ca.gov
SUM-100 [Rev, July 1, 2009)
www.Forms Workflow.comPage 3 A
. ORIGINA ‘cmon
| ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Gar number, and addrass): FOR COURT USE ONLY
BARRY A. SMITH, ESQ. (SBN: 48697) / JENNIFER A. SMITH, ESQ. (SBN:
BUCHALTER NEMER
1000 WILSHIRE BLVD,, Suite #1500
LOS ANGELES, CA 90017 i i. ic. HI)
TELEPHONE NO.: (213) 891-0700 Faxno.: (213) 896-0400 can Franziage Geuiy superior Court
ATTORNEY FOR (Name): PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street appress: 400 MCALLISTER ST.
maiLING AcoREss: SAME AS ABOVE
JAN 2.8 701)
iK-LL Clerk
crv ano zie cove: SAN FRANCISCO, CA 94102 GORD@: § Be Fie.
eeancH name: CIVIL DIVISION BY: eat —Ajepry Clerk
ltems 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
[] Other PI/PDAWD (23)
Non-PU/PD/WD (Other) Tort
condemnation (14)
Wrongful eviction (33)
O
Auto Tort Contract Provisionally Complex Civil Litigation
Li Auto (22) <] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) L] Rule 3.740 collections (09) [_] AntitrustTrade regulation (03)
Other PI/PD/WD (Personal Injury/Property C] Other collections (09) C] Construction defect (19)
Damage/Wrongful Death) Tort [] insurance coverage (18) L] Mass tort (40)
[ij Asbestos (04) [] Other contract (37) L] Securities litigation (28)
C Product liability (24) Real Property CJ Environmental/Toxic tort (30)
Cl Medical malpractice (45) Eminent domain/Inverse LC] Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
[_] Business tort/unfair business practice (07) []__ Other real property (26) Enforcement of Judgment
[] _ Givil rights (08) Unlawful Detainer [| __ Enforcement of judgment (20)
[] Defamation (13) Commercial (31) Miscellaneous Civil Complaint
[] Fraud (16) [1 Residential (32) L] Aico (27) _
[_] Intellectual! property (19) [1 Drugs (38) Other complaint (not specified above) (42}
[1 Professional negligence (25) Judicial Review Miscellaneous Civil Petition
CT Other non-PI/PDWD tort (35) C] Asset forfeiture (05) Partnership and corporate governance (21)
Employment (_] _ Petition re: arbitration award (11) L] Other petition (not specified above} (43)
Wrongful termination (36) C] Writ of mandate (02)
Other employment (15) [] — Other judicial review (39)
2. Thiscase Clis isnot complex under rule 3.400 of the California Rules of Count. If the case is complex, mark the
factors requiring exceptional judicial management:
a. C1 Large number of separately represented parties d. [1]
LC} extensive motion practice raising difficult or novel e. O
issues that will be time-consuming to resolve
c. L] Substantial amount of documentary evidence
Number of causes of action (specify): THREE (3)
This case Oo is EX isnot a class action suit.
of
6. If there are any known related cases, file and serve a notice of related case. (You may use A fn
Date: January 12, 2009
BARRY A. SMITH, ESQ. >
Remedies sought (check all that apply): a. XJ] monetary b. Oo nonmonetary; declaratory or injunctive relief
Large number of witnesses
Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
L] Substantial postjudgment judicial supervision
c. L] punitive
(TYPE OR PRINT NAME)
(SIGNATWRE ORARTY OR ATTORNEY FOR PARTY}
#
NOTICE
in sanctions.
¢ File this cover sheet in addition to any cover sheet required by local court rule.
other parties to the action or proceeding.
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Cede, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
¢ If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
* Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. ot
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
CM-010 [Rev. July 1, 2007]
CIVIL CASE COVER SHEET
Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Cal. Standards of Judicial Administration, ste. 3.19
www. courtinfo.ca.govPage 4 ORIGINAL
wo cf ~ DR WwW F&F WwW Ww
mw NW NY NY NR NM NM De me ee eee Oe hv Sle
I FotrCOBOU ON rlCUc Bll OOD RO ONY
28
BUCHALTER NEMER
A&A Proressron al CORPCR,
Los ANGELES
ATION
FILED
San Francisca County Sues ror Court
BUCHALTER NEMER IAN 9
A Professional Corporation 2 8 itl
Barry A. Smith (SBN: 48697) GORDE parce:
Jennifer A. Smith (SBN: 185377) Dg ONE, Sierk (
1000 Wilshire Blvd., Suite 1500 BY: Wet it get A lecepee J
eputy Clerk
Los Angeles, CA 90017 _
Telephone: (213) 891-0700 CASE MANAGEMENT COREERENCE SEL
Facsimile: (213) 896-0400 SUMMONS ISSUED
Attorneys for Plaintiff JUL G2 2010 . ge AM
The Golden 1 Credit Union
DPARTMENT 212
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, CIVIL DIVISION
COC 10> 496409
CASE NO.
THE GOLDEN 1} CREDIT UNION
UNLIMITED JURISDICTION
Plaintiff, VERIFIED COMPLAINT FOR MONEY
VS, 1. Breach of Contract [Retail Installment
Contract/Deficiency];
CARLOS A. ROMERO; and DOES | 2. Money Lent; and
through 10, inclusive, 3. Account Stated.
Defendants.
CLAIM AMOUNT $40,754.75
Plaintiff, The Golden 1 Credit Union (“Plaintiff”), complains and alleges as follows:
FIRST CAUSE OF ACTION
(Breach of Contract [Retail Installment Contract/Deficiency])
(Against All Defendants)
l. At all times herein mentioned, Plaintiff was and now is a state chartered credit
union duly organized under the laws of the State of California, and at all times herein mentioned
was and is duly licensed to conduct business in the State of California. Plaintiff is authorized to
act as acredit union under California Financial Code Section 14000, et seq. (California Credit
Union Law) and is exenipt from the usury provisions of Article XV, Section 1, of the California
Constitution.
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VERIFIED COMPLAINT FOR MONEYPage 5 hw HN
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BUCHALTER NEMER
A PROFESSIONAL Cismeere a ETyth
Los ANGELES
2. The within action is subject to the provisions of Section 2981, et seq., of the Civil
Code of the State of California and not subject to the provisions of Section 1801 of the Civil Code
of the State of California.
3, Plaintiff alleges that the Defendants, CARLOS A. ROMERO (“Defendant”),
resides within the judicial boundaries of the above-entitled Court, and this Court is the proper
Court for the trial of this action.
4. The true names and capacities, whether individual, corporate, associate, or
otherwise, of Defendant Does | through 10, inclusive, are unknown to Plaintiff, who therefore
sues said Defendant by such fictitious names. Plaintiff alleges that each of the Defendant
designated herein as a fictitiously named Defendant is in some manner responsible for the events
and happenings herein referred to, either contractually or tortiously, and caused the damage to
Plaintiff as herein alleged. When Plaintiff ascertains the true names and capacities of Does |
through 10, inclusive, it will ask leave of this Court to amend its Complaint by setting forth the
same.
5. At all times herein mentioned, each of the Defendant named in the caption of this
Complaint, which is incorporated herein by this reference, was and is the agent, servant and
employee of each of the other Defendant, and all of the things alleged to have been done by said
Defendant were done in the capacity of and as agent of the other Defendant.
6. The contract sued upon herein was assigned to Plaintiff in writing by Nino Quality
Motors, Inc. (“Plaintiff's Assignor”) and Plaintiff is now the legal owner and holder thereof and is
entitled to all rights provided therein.
7. On or about May 31, 2006, Plaintiff's Assignor and Defendant, entered into a
written Retail Installment Sale Contract Simple Interest Finance Charge (“Agreement”) for the
purchase of the personal property more fully described as 2006 Mercedes $500, Vehicle
Identification No. WDBNG84J86A463878 (“Vehicle”). Pursuant to the Agreement, Defendant
agreed to pay for the Vehicle the sum of $78,070.90 plus accrued interest at the rate of 7.99% per
annum. A true copy of the Agreement is attached hereto as Exhibit “1,” and incorporated herein
by this reference as though set forth in full.
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VERIFIED COMPLAINT FOR MONEYPage 6 oe NN
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.LTER NEMER
DIwaL CORPO R
§ ANGELES
ATION
8. Defendant granted Plaintiff's Assignor a security interest in the Vehicle to secure
repayment of the loan. The Agreement provides, among other things, that should Defendant
default in making any payment when due, or any other term and/or condition of the Agreement,
Plaintiff may, at its option, accelerate the amounts due under the Agreement and that Plaintiff
may, at its option, take possession of the Vehicle and sell same. Plaintiff perfected its security
interest in the Vehicle and was registered as the legal owner of the Vehicle with the California
Department of Motor Vehicles.
9, Defendant defaulted under the terms of the Agreement by, among other things,
failing to make the monthly payments when due. Pursuant to the terms of the Agreement,
Plaintiff elected to accelerate said Agreement and thereafter took possession of the Vehicle on
September 10, 2008. On or about September 22, 2008, Plaintiff gave Defendant written notice
that Plaintiff intended to sell the Vehicle.
10. Onor about October 23, 2008, the Vehicle was sold in a commercially reasonable
manner and, and after adding repossession costs, repairing and reselling costs, late charges and
collection expenses, there is a total balance now due and owing to Plaintiff the sum of
$40,754.75, plus accrued interest in accordance with the terms of Agreement at the rate of 7.99%
per annum from August 19, 2008, until paid in full or date of entry of judgment. Thereafter,
Plaintiff made demand upon Defendant, for payment of said deficiency amount, and despite said
demand, Defendant has refused, and continues to refuse, to pay said sum and said sum remains
due, owing and unpaid to Plaintiff.
11. Plaintiff performed all the promises, conditions and covenants it agreed to perform
pursuant to the terms of Agreement, except for those promises, conditions and covenants excused
by the acts and omissions of Defendant.
12. Pursuant to the terms of Agreement, said Defendant, agreed to pay reasonable
attorneys’ fees incurred in collecting any amount due under said Agreement. Plaintiff has
employed the law firm of Buchalter Nemer, licensed and practicing attorneys in the State of
California, for the purpose of instituting and prosecuting this action and is entitled to fees
incurred in this action according to proof.
3
4. For costs of suit herein incurred;
5. For interest at the legal rate from the date of entry of judgment until paid in full,
6
DATED:
fod
For such other and further relief as this Court may deem just and proper.
BUCHALTER NEMER
A Professional Corporation
”
By:
“* ary A. Smith
Attorneys for Plaintiff
The Golden | Credit Union
5
VERIFIED COMPLAINT FOR MONEYPage 8Page 9 aes, RETAIL INSTALLMENT SALE CONTRACT ten
SIMPLE INTEREST FINANCE CHARG
57495 5479304. 15510
Dealer Number $C Contract Number — ROS Number Stock Number
Buyer (and Co-Buyer} Name and Address (including Sounty and Zip | Code) - "| Graditor - Sellar (Name and Address)
CARLOS A ROMERO NINO QUALITY MOT q oie 5 whe
1494 THOMAS AVE : - . 12284 SAN PABLO 2) UWL “4
SAN FRANCISCO CA 94124 RICHMOND CA, 948
SAN FRANCISCO (910) 235-6466 JUN 09 2006 .
| 4S S22-8185
You, ithe Buyer fend Co Co Buyer, it tH any), may buy the vehicle below for cash or on credit. By signing this contract, choose to buy the vehicle on credit under tha
feements on this contract, You agraa to pay the Creditor - Sellar (somelimes “we" of “us! In this contract} IhéAtmount-rineneed-ead Elaance
Charge according to the avert schedule below. We wil figura your finance charge on a call hy basis, The Truth-in-Lending Disclosures below are part of this contract.
" . WARRANTIES SELLER DISCLAIMS
It you do not get a written warranty, and the Soller
dees not enter into a service contract within 90 days
from the date of this contract, the Seller makes no
warranties, express or implied, on the vehicle, and
there will be no Implied warranties of merchantability
or of fitness for a particular purpose,
This provision does not affect any warranties covering the
vehicle that the vahicls manufacturer may provide.
§ Used Car Buyers Guide. The Information you see on
the window form for thls vehicle is part of this contract.
Information on tha window form overrides any
contrary provisions in the contract of sale.
- Spanish Translation: Gufa para compradores de
vehiculos usados. La Informacién que ve en el
formulario de la ventanilla para este vehicuic forma
parte del presente contrato. La Informacién del
formulario de la ventanilla deja sin efecto toda
disposicién en contrarlo contenida en a! contrato de
venta.
6. Applicable Law
Federal law and California law apply to this contract. If any
part of this contract is not valid, all other parts stay valid.
We may delay or refrain from enforcing any of our rights
under this contract without losing them. For example, we
may extend the time for making some payments without
extending the time for making others.
7. Warranties of Buyer. You promise you have given true
and correct Information in your application for credit, and
you have no knowledge that will make: that information
- untrue Inthe future. We have relied on the truth and
accuracy of that Information In entering into this contract.
Upon request, you will provide us with documents and
other information necessary to verify any [tem contained
in your credit application.
You waive the provisions of Calif, Vehicle Code Sactian
1808.21 and authorize the California Department of Motor
- -Vehicles to furnish-your residence address te us.
GELLER ASSISTED LOAN purchase the service conteaci{s} written with the followin
AUTO BROKER FEE DISCLOSURE is pap
fl HE LIGHTED FOR THE PRE AntT PRTUCATE OM BOTH TS if this contract reflects the retail sale of a Soweto Fandor sa ahow. forthe charge
BETA RISTALLMENT SALE COMTRACT AND THE LOAN. new motor vehicle, the sale is not subject : oe
NA +9 || to a fee received by an autobroker from us| | 1* Company
Proceeds of Loan From: unless the following box is checked: Term __..fd__ Mes. or —___NA.__ Mites
——_—__MW hance ail N/a
oe N/Ip praia § Wale’ j CJ Name of autobroker recelving fee, if
leoiaimenpors___ N/A. g_———_-| | #PPllcablo:
from this Loan ia shown in tora 6D. HOW THIS CONTRACT CAN BE “CHANGED. This
NOTICE OF RESCISSION RIGHTS contract contalns the entira agreement between you and
Hf Buyer and Co-Buyer sign here, the provisions of the Rlescission Rights section on 1s rataling to this contract. Any change io tha contract must
the back giving the Seller the right to rescind if Seller is unable to assign this contract ed both you and we must sign it No orl
dyer Signs
1.4 Company
Miles
Co-Buyer X
y
OPTION: C1 You pay no finance charge tf the Amount Financed, Item 7, Is pald in full on or before x Co-Buyer Signs
_, Year". SELLER'S INITIALS
THE HINIMUM PUBLIC LIABILITY KISURANCE LIAUTS PROVIDED (Nf LANY MUST BE HET BY EVERY PERSON WHO PURCHASES A VEHICLE, IF YOU ARE UNSURE WHETHER OA
ROT ¥OUR CURRENT INSURANCE FOLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT,
YOUR PRESENT POLICY MAY KOT COVER COLLUSION DAMAGE OR MAY NOT PROVIDE FOR FULL REFLACEWENT COSTS FOR THE VEHICLE BEING PURCHASED. iF YOU BO
NOT HAVE FULL, COVERAGE, SUPPLELIENTAL COVERAGE FOR COLLISION DARAGH MAY BE AVAILAGLE TO YOU THROUGH YOUA INSURANCE AGEUIT OR THROUGH THE SELLING
DEALER, HOWEVER, UNLESS OTHEATISE SFECFIED, THE COVERAGE YOU OBTAIN THROUGH THe DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE ALGUNT OF
THE UNPAID BALANCE REMAINICG AFTER THE VEHICLE HAS BEEN REFOSSESSED AND SOLD.
FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU INTHE EVENT OF LOSS OR DAHAGE TO YOUR VEHICLE, YOU SHOULD CONTAGT YOUR INSURANCE AGENT,
EHE BUN SIANTG ACKNOV/LEDGE THAT HE’SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND-CONDITIONS. = - :
Representations of Buyer: Selter has relled on the truth and accuracy of the information provided by you in connection with the Trade-In Vehicle.
You represent that you have given a true payoff amount on the vehicle ‘traded in. If the ayolt amount Is more than ihe amount shown above in item
6.B as "Prior Credit or Lense Balance,” you must pay Seller the excess on demand. if the payoff amount is leas than the amount shown above In
item te as “PriocSregiroebea g Balance,” Salter will tefund the difference fo you,
Co-Buyerx
Noticeto buyer:
(") Do not 8 an this agreement before you read iz or if It contains any blank spaces to be filled In. (2) You are entitled te a completely filled
in copy of this agreement. §) You can prepay the full amount due under this agreement at any time. (4} It you default in the performance
of your obligations under this agreement, the vehicle may be repossessed and you may bo sublact to sult and Mabflity for the unpaid
indebtedness evidenced by this agreement.
It you havea complalnt concerning this sale, you should try to resalve It with the sellar. .
Complalnis concerning untair or deceptive practices of methods by the sallar may be referred to the city attorney, the clatriot attorney, or an Investigator for the Dapariment
of Motor Vehicles, or any combination theraol,
Attar this contract ts signed, the safer may nat change the financing or payment farms unless you agree in writing to the change. You do not bave to agree to any change,
and Its an unfely or deceptive-practige fof the eoller to maka a Uniateral change.
oe — _. Co-Buyar Sig x
The Annua ercentage Rate may be negotiable with the Seller. The Seller may assign this contract
and retain its right to receive a part of the Finance Charge. |
THERE IS NO COOLING OFF PERIOD YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU
Calitomia law does not provide for a “cooling off” or olher cancelation period for vehicle sales, CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE
Therefore, you cannot later cancel this contract simply because you change your mind, deckle the ) GAVE IT TO YOU, AND YOU WERE FREE 70 TAKE If AND
vehicle costs too much, a wish you fad acquired a d cle. Alter you aig below, you may | REVIEW IT. YOU CONFIRM THAT YOU RECEIVED A
3 B as
COMPLETELY FILLED-N COPY WHEN YOU SIGNED IT.
- Co-Buyer Signature X Date
Co-Buyars and Other Giindrs — A co-buyer is a person who is responsible for paying the entire debt. An other owner Is a person whose name Is on the tills fo the vehicle but
Goes not have lo pay the debt. The other owner agreas to the securlty Interest In the vehicte given to us In this contract,
Other Owner Signature X a em Address
* GUARANTY
Jo Induce us to sell the vehicle 10 Buyer, each parson who signs as a Guarantor individually guarantees the paymant of this contract, (F Buyer falls to pay any many owing on this contract,
each Guarantor must pay it when asked. Each Guarantor will be Hable for the ital amount owing even if other persons also sign as Guarantor, and even li Buyerhas.a completa defense to
Guarantors demand for ralmbureement. Each Guarantor agrees to bo llable even if we do ona or more of the folowing: (1) give the Buyar mora lima to pay one oF more paymants; (2) ge
a {ull or partial release to any other Guarantor, (3) release any security, {4) accept lees from the Buyer than the total arraunt owing; or (5) otherwise reach a settlement retaling to ih's contract
or extand the contact. Each Guarantor acknowledges racelpt of completed capy of this contract and guaranty al the Ue of signing.
Guarantor walvas notice of acceptance of this Guaranty, notice of tha Buyer's non-payment, nen-perlammance, and defaudt; and notices of the amount owing al any tine, and of any demands upon the Buyer
Guarantor X Dale Guarantor X Dale.
Address. — Address .
ctr Spe Kg So yaad | stot ayx __ : : Tia
LAW Fore CA evo. PATENT O47
$2005 Reynolds and Reynolds CALLER: wince § 60 HL OE Bs 180-53
Fear eer ee or ree Preu constYCUe OM La. COMES ORIGINAL ENHOLDERPage 12 Tor the iSurance and a,tigance cnarge equal to ine ,
Annual Percentage Ra own on the front of this
contract or, at our optié....the highest rate the law
permits. If the vehicle Is fost or damaged, you agree
that we may use any insurance settlement to reduce
what you owe or repair the vehicle. .
@. What happens to returned tnsurance, main-
tenance, service, or other contract charges, If we
get a refund of insurance, maintenance, service, or
ather contract charges, you agree that wa may sub-
tract the refund from what you owe.
3. IFYOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe iate charges. You will pay a fate charge
on each late payment as shown on the front.
Acceptance of a late payment or late charge does not
excuse your late payment or mean that you may keep
making late payments, if you pay late, we may also
take ihe steps described below.
b. You may have to pay all you owe at once. |f you
break your promises (default), we may demand that
you pay all you owe on this contract at once, subject
to any right the law gives you to reinstate this contract.
Default means:
* You do not pay any payment on time;
* You start a proceeding In bankruptcy or one Is
started against you or your property; or
* The vehicle Is lost, damaged or destroyed.
* You break any agreements in this contract.
The amount you will owe will be tha unpaid part of
the Amount Financed plus the earned and unpaid part
of the Finance Charge, any late charges, and any
amounts due because you defaulted.
c. You may have to pay collection costs. You will pay -
our raascnable costs to collect what you owe, includ-
ing attorney fees, court costs, collection agency
feas, and fees paid for other reasonable collection afforts,
You agree to pay a charge not to exceed $15 If any check
you giva to us Is dishonorad.
d. We may take the vehicle from you. if you default,
we may take (repossess) the vehicle from you If we
do so peacefully and the law allows It. if your vehicle
has an electronic tracking device, you agrae that we
may use the device te find the vehicle. If we take the
_ vehicle, any accessories, equipment, and replace-
ment parts will stay with the vehicle. If any personal
itams ara In the vehicle, we may store them for you at
your expense. If you do not ask for these items back,
wa may dispose of them as the law allows.
e. How you can get the vehicle back if we take It. if
we repossess the vehicle, you may pay to get it back
(redeem). You may redeem the vehicle by paying all
you owe, or you may have the right to reinstate this
contract and redeem the vehicle by paying past due
payments and any late charges, providing proof of
insurance, and/or taking other action tc cure the
dofault, We will provide you all notices required by law
to tell you when and how much to pay and/or what
action you must take to redeem the vehicle.
if ihe insurance comp pays the claim within the thrae
caleridar months, we r accept the money as though you
paid on time. It the insurance company rejects the clalm within
the three calendar months or accapts the claim within the three
calendar months on a partial disability and pays less than for
a total disability, you will have 35 days from the date that the
rejection or the acceptance af the partlal disability claim is sent
fo pay past due payments, or the difference between the past
due payments and what the Insurance company pays for the
partial disability, plus late charges. You can contact us, and
we will tell you how much you owe, After that time, wa can
take action to collect or foreclose or rapossess any collateral
you may have given. .
if tha Insurance company accepts your clalm but requires that
you send in additional forms to remain eligible for continued
nayments, you should send in these completed additional
forms no later than required. if you do not send in thase forms
on time, the insurance company may stop paying, and we will
then be able to take action to collect or foreclose or repossess
any collateral you may have given.
Resclasion Alghts :
a. Sellar agraes to deliver tha vehicle to yau on the date this
contract ls signed by Seller and you. You understand that it
may take a faw days for Salar to verify your cradit and assign
the contract. You agree that if Seller is unable to assign the
contract to any one of the financial Institutions with whom
Saller regularly does business under an assignment accept-
able to Seller, Seller may rescind (cancel) the contract.
b. Seller shall giva you written notice (or in any other manner
in which actual notice Is given to you) within 10 days of the
date this contract fs signed if Sellar alects to rescind. Upon
recelpt of such notice, you must immediately return the
vehicle to Sellar in the same condition as when sold, rea-
sonable wear and tear excepted. Seller must give back to
you all consideration recelved by Seller, Including any
trade-in vehicle.
c. If you do not immediately return the vehicia, you shail be
liable for all expenses incurcad by Seller in taking the vehicle
from you, including reasonable attorney's fees,
d. While the vehicle is in your possession, all terms of the
contract, including those relating to use of the vehicle and
Insurance for the vehicle, shall be in full force and you shall
assume all risk of loss or damage to the vehicle. You must
pay all reasonable costs for repair of any damage to the
vehicle until the vehicle is returnad to Seiler,
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE applies only if the “personal, family or household” box in the “Primary Use for Which Purchased” sectian
of this contract is checked. In all other casas, Buyer will not assert against any subse
ant holder or agsignea of this contract any
claims or defenses the Buyer (debtor) may have against the Seller, or against the manulacturer of the vehicle or equipment obtained
under this contract.
“a assigns iis intarest In this contract to . (Assignee) al (address)
tA under the terms of Setar’s agreement(s) with Assignee. |
T] Assigned with racowse
GAL Assigned without recourse
f\ (] Assigned with Emiled recourse |
Seller Nino Quality Motors, Fae” By
a ‘tte & rr)
Form No, 563-CA 105Page 13 ] VERIFICATION
2 I, Theresa Casillas, declare:
3 Tam the Collection Services Agent for The Golden 1 Credit Union, Plaintiff in this action
4 | entitled The Golden 1 Credit Union v. Carlos A. Romero, et al., and I have been authorized to
5 | make this verification on its behalf.
6 [have read the foregoing Complaint on the file herein and know the contents thereof. The
7 # same is true of my own knowledge, expect as to those matters which are therein.
% I declare under penalty of perjury under the laws of the State of California that the
9 # foregoing ts true and correct.
10 Executed at Sacramento, California, on 2009
il co S = v
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BUCHALTER NEMER 6
To nests VERIFIED COMPLAINT FOR MONEY
PDF Page 1
PlainSite Cover Page
PDF Page 2
MI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-28-2010 4:17 pm
Case Number: CGC-10-496402
Filing Date: Jan-28-2010 4:11
Juke Box: 001 Image: 02746146
COMPLAINT
THE GOLDEN 1 CREDIT UNION VS. CARLOS A ROMERO et al
001C02746146
Instructions:
Please place this sheet on top of the document to be scanned.
PDF Page 3
AR G N A L - sumra
a (CITACION JUDIC 'AL) (B0L SORT USE ONLY
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
CARLOS A. ROMERO; and DOES 1 through 10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
THE GOLDEN 1 CREDIT UNION
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case, There may be a court form that you can use for your response. You can find these court forms and more information at the Califomla Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attomey, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www. tawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Si no responde centro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacién a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esia citacidn y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una Hamada telefonica no fo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usied pueda usar para su respuesta.
Puede encontrar estos formularios de fa corte y mas informacidn en el Centro de Ayuda de jas Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado 0 en ia corte que fe quede mas cerca. Si no puede pagar la cuota de preseniacidn, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimienta y ta corte le
podra quitar su sueldo, dinero y bienes sin nds advertencia.
Hay otros requisitos legales. Es recornendable que lame a un abogado inmediatamente. Si ne conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de Califomia Legal Services,
(www. lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte 0 ef
colegio de abogados locales. AVISO: Por ey, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cuaiquier reeuperacion de $10,000 6 mas de vaior recibida mediante un acuerdo 0 una concesién de arbitraje en un caso de derecho civil. Tiene que
pagar ef gravamen de Ia corte antes de que la corte pueda desechar el caso.
The name and address of the court is: SENUMB ER:
(El nombre y direccién de la corte es): ¢ Ge mer cho) “4 9 6 4 q 9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO, CIVIL DIVISION, LIMITED
400 MCALLISTER ST.
SAN FRANCISCO, CA 94102 :
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, fa direccién y el nimero de teléfono del abogado de! demandante, o del demandante que no tiene abogado, es):
BARRY A. SMITH, ESQ. (SBN: 48697) / JENNIFER A. SMITH, ESQ. (SBN: 185377) (213) 891-0700 (213) 896-
0400
BUCHALTER NEMER
1000 WILSHIRE BLVD., Suite #1500 LOS ANGELES, CA 90017 D. STEPPE
DATE: Clerk, by , Deputy
(Fecha) JAN 2 8 2010 eo Ea eee se (Secretario) 7 | Adjunto)
(For proof of service of this summarts*tise Proof of Service of Summons (form POS-010).) U
(Para prugba nalegtrega de esta citation use el formulario Proof of Service of Summons, (POS-070)).
NOTICE TO THE PERSON SERVED: You are served
1. C] as an individual defendant.
A
4 2. [LJ as the person sued under the fictitious name of (specify):
me oe .
3. [C] on behalf of (specify):
under: [_] CCP 416.10 (corporation) 1] CCP 416.60 (minor)
L) CCP 416.20 (defunct corporation) [_] CCP 416.70 (conservatee)
[J CCP 416.40 (association or partnership) [] CCP 416.90 (authorized person)
CJ other (specify):
4. [by personal delivery on (date):
Page # of 1
Form Adopted for Mandatory Use SUMMONS American LegalNet, Inc. Code of Civil Procedure §§ 412.20, 465
Judicial Council of California www.caurtinio.ca.gov
SUM-100 [Rev, July 1, 2009)
www.Forms Workflow.com
ORIGINAL
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I FotrCOBOU ON rlCUc Bll OOD RO ONY
28
BUCHALTER NEMER
A&A Proressron al CORPCR,
Los ANGELES
ATION
FILED
San Francisca County Sues ror Court
BUCHALTER NEMER IAN 9
A Professional Corporation 2 8 itl
Barry A. Smith (SBN: 48697) GORDE parce:
Jennifer A. Smith (SBN: 185377) Dg ONE, Sierk (
1000 Wilshire Blvd., Suite 1500 BY: Wet it get A lecepee J
eputy Clerk
Los Angeles, CA 90017 _
Telephone: (213) 891-0700 CASE MANAGEMENT COREERENCE SEL
Facsimile: (213) 896-0400 SUMMONS ISSUED
Attorneys for Plaintiff JUL G2 2010 . ge AM
The Golden 1 Credit Union
DPARTMENT 212
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, CIVIL DIVISION
COC 10> 496409
CASE NO.
THE GOLDEN 1} CREDIT UNION
UNLIMITED JURISDICTION
Plaintiff, VERIFIED COMPLAINT FOR MONEY
VS, 1. Breach of Contract [Retail Installment
Contract/Deficiency];
CARLOS A. ROMERO; and DOES | 2. Money Lent; and
through 10, inclusive, 3. Account Stated.
Defendants.
CLAIM AMOUNT $40,754.75
Plaintiff, The Golden 1 Credit Union (“Plaintiff”), complains and alleges as follows:
FIRST CAUSE OF ACTION
(Breach of Contract [Retail Installment Contract/Deficiency])
(Against All Defendants)
l. At all times herein mentioned, Plaintiff was and now is a state chartered credit
union duly organized under the laws of the State of California, and at all times herein mentioned
was and is duly licensed to conduct business in the State of California. Plaintiff is authorized to
act as acredit union under California Financial Code Section 14000, et seq. (California Credit
Union Law) and is exenipt from the usury provisions of Article XV, Section 1, of the California
Constitution.
1
VERIFIED COMPLAINT FOR MONEY
PDF Page 6
hw HN
Oo MO ~~ A wa
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BUCHALTER NEMER
A PROFESSIONAL Cismeere a ETyth
Los ANGELES
2. The within action is subject to the provisions of Section 2981, et seq., of the Civil
Code of the State of California and not subject to the provisions of Section 1801 of the Civil Code
of the State of California.
3, Plaintiff alleges that the Defendants, CARLOS A. ROMERO (“Defendant”),
resides within the judicial boundaries of the above-entitled Court, and this Court is the proper
Court for the trial of this action.
4. The true names and capacities, whether individual, corporate, associate, or
otherwise, of Defendant Does | through 10, inclusive, are unknown to Plaintiff, who therefore
sues said Defendant by such fictitious names. Plaintiff alleges that each of the Defendant
designated herein as a fictitiously named Defendant is in some manner responsible for the events
and happenings herein referred to, either contractually or tortiously, and caused the damage to
Plaintiff as herein alleged. When Plaintiff ascertains the true names and capacities of Does |
through 10, inclusive, it will ask leave of this Court to amend its Complaint by setting forth the
same.
5. At all times herein mentioned, each of the Defendant named in the caption of this
Complaint, which is incorporated herein by this reference, was and is the agent, servant and
employee of each of the other Defendant, and all of the things alleged to have been done by said
Defendant were done in the capacity of and as agent of the other Defendant.
6. The contract sued upon herein was assigned to Plaintiff in writing by Nino Quality
Motors, Inc. (“Plaintiff's Assignor”) and Plaintiff is now the legal owner and holder thereof and is
entitled to all rights provided therein.
7. On or about May 31, 2006, Plaintiff's Assignor and Defendant, entered into a
written Retail Installment Sale Contract Simple Interest Finance Charge (“Agreement”) for the
purchase of the personal property more fully described as 2006 Mercedes $500, Vehicle
Identification No. WDBNG84J86A463878 (“Vehicle”). Pursuant to the Agreement, Defendant
agreed to pay for the Vehicle the sum of $78,070.90 plus accrued interest at the rate of 7.99% per
annum. A true copy of the Agreement is attached hereto as Exhibit “1,” and incorporated herein
by this reference as though set forth in full.
2
VERIFIED COMPLAINT FOR MONEY
PDF Page 7
oe NN
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.LTER NEMER
DIwaL CORPO R
§ ANGELES
ATION
8. Defendant granted Plaintiff's Assignor a security interest in the Vehicle to secure
repayment of the loan. The Agreement provides, among other things, that should Defendant
default in making any payment when due, or any other term and/or condition of the Agreement,
Plaintiff may, at its option, accelerate the amounts due under the Agreement and that Plaintiff
may, at its option, take possession of the Vehicle and sell same. Plaintiff perfected its security
interest in the Vehicle and was registered as the legal owner of the Vehicle with the California
Department of Motor Vehicles.
9, Defendant defaulted under the terms of the Agreement by, among other things,
failing to make the monthly payments when due. Pursuant to the terms of the Agreement,
Plaintiff elected to accelerate said Agreement and thereafter took possession of the Vehicle on
September 10, 2008. On or about September 22, 2008, Plaintiff gave Defendant written notice
that Plaintiff intended to sell the Vehicle.
10. Onor about October 23, 2008, the Vehicle was sold in a commercially reasonable
manner and, and after adding repossession costs, repairing and reselling costs, late charges and
collection expenses, there is a total balance now due and owing to Plaintiff the sum of
$40,754.75, plus accrued interest in accordance with the terms of Agreement at the rate of 7.99%
per annum from August 19, 2008, until paid in full or date of entry of judgment. Thereafter,
Plaintiff made demand upon Defendant, for payment of said deficiency amount, and despite said
demand, Defendant has refused, and continues to refuse, to pay said sum and said sum remains
due, owing and unpaid to Plaintiff.
11. Plaintiff performed all the promises, conditions and covenants it agreed to perform
pursuant to the terms of Agreement, except for those promises, conditions and covenants excused
by the acts and omissions of Defendant.
12. Pursuant to the terms of Agreement, said Defendant, agreed to pay reasonable
attorneys’ fees incurred in collecting any amount due under said Agreement. Plaintiff has
employed the law firm of Buchalter Nemer, licensed and practicing attorneys in the State of
California, for the purpose of instituting and prosecuting this action and is entitled to fees
incurred in this action according to proof.
3
VERIFIED COMPLAINT FOR MONEY
Tor the iSurance and a,tigance cnarge equal to ine ,
Annual Percentage Ra own on the front of this
contract or, at our optié....the highest rate the law
permits. If the vehicle Is fost or damaged, you agree
that we may use any insurance settlement to reduce
what you owe or repair the vehicle. .
@. What happens to returned tnsurance, main-
tenance, service, or other contract charges, If we
get a refund of insurance, maintenance, service, or
ather contract charges, you agree that wa may sub-
tract the refund from what you owe.
3. IFYOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe iate charges. You will pay a fate charge
on each late payment as shown on the front.
Acceptance of a late payment or late charge does not
excuse your late payment or mean that you may keep
making late payments, if you pay late, we may also
take ihe steps described below.
b. You may have to pay all you owe at once. |f you
break your promises (default), we may demand that
you pay all you owe on this contract at once, subject
to any right the law gives you to reinstate this contract.
Default means:
* You do not pay any payment on time;
* You start a proceeding In bankruptcy or one Is
started against you or your property; or
* The vehicle Is lost, damaged or destroyed.
* You break any agreements in this contract.
The amount you will owe will be tha unpaid part of
the Amount Financed plus the earned and unpaid part
of the Finance Charge, any late charges, and any
amounts due because you defaulted.
c. You may have to pay collection costs. You will pay -
our raascnable costs to collect what you owe, includ-
ing attorney fees, court costs, collection agency
feas, and fees paid for other reasonable collection afforts,
You agree to pay a charge not to exceed $15 If any check
you giva to us Is dishonorad.
d. We may take the vehicle from you. if you default,
we may take (repossess) the vehicle from you If we
do so peacefully and the law allows It. if your vehicle
has an electronic tracking device, you agrae that we
may use the device te find the vehicle. If we take the
_ vehicle, any accessories, equipment, and replace-
ment parts will stay with the vehicle. If any personal
itams ara In the vehicle, we may store them for you at
your expense. If you do not ask for these items back,
wa may dispose of them as the law allows.
e. How you can get the vehicle back if we take It. if
we repossess the vehicle, you may pay to get it back
(redeem). You may redeem the vehicle by paying all
you owe, or you may have the right to reinstate this
contract and redeem the vehicle by paying past due
payments and any late charges, providing proof of
insurance, and/or taking other action tc cure the
dofault, We will provide you all notices required by law
to tell you when and how much to pay and/or what
action you must take to redeem the vehicle.
if ihe insurance comp pays the claim within the thrae
caleridar months, we r accept the money as though you
paid on time. It the insurance company rejects the clalm within
the three calendar months or accapts the claim within the three
calendar months on a partial disability and pays less than for
a total disability, you will have 35 days from the date that the
rejection or the acceptance af the partlal disability claim is sent
fo pay past due payments, or the difference between the past
due payments and what the Insurance company pays for the
partial disability, plus late charges. You can contact us, and
we will tell you how much you owe, After that time, wa can
take action to collect or foreclose or rapossess any collateral
you may have given. .
if tha Insurance company accepts your clalm but requires that
you send in additional forms to remain eligible for continued
nayments, you should send in these completed additional
forms no later than required. if you do not send in thase forms
on time, the insurance company may stop paying, and we will
then be able to take action to collect or foreclose or repossess
any collateral you may have given.
Resclasion Alghts :
a. Sellar agraes to deliver tha vehicle to yau on the date this
contract ls signed by Seller and you. You understand that it
may take a faw days for Salar to verify your cradit and assign
the contract. You agree that if Seller is unable to assign the
contract to any one of the financial Institutions with whom
Saller regularly does business under an assignment accept-
able to Seller, Seller may rescind (cancel) the contract.
b. Seller shall giva you written notice (or in any other manner
in which actual notice Is given to you) within 10 days of the
date this contract fs signed if Sellar alects to rescind. Upon
recelpt of such notice, you must immediately return the
vehicle to Sellar in the same condition as when sold, rea-
sonable wear and tear excepted. Seller must give back to
you all consideration recelved by Seller, Including any
trade-in vehicle.
c. If you do not immediately return the vehicia, you shail be
liable for all expenses incurcad by Seller in taking the vehicle
from you, including reasonable attorney's fees,
d. While the vehicle is in your possession, all terms of the
contract, including those relating to use of the vehicle and
Insurance for the vehicle, shall be in full force and you shall
assume all risk of loss or damage to the vehicle. You must
pay all reasonable costs for repair of any damage to the
vehicle until the vehicle is returnad to Seiler,
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE applies only if the “personal, family or household” box in the “Primary Use for Which Purchased” sectian
of this contract is checked. In all other casas, Buyer will not assert against any subse
ant holder or agsignea of this contract any
claims or defenses the Buyer (debtor) may have against the Seller, or against the manulacturer of the vehicle or equipment obtained
under this contract.
“a assigns iis intarest In this contract to . (Assignee) al (address)
tA under the terms of Setar’s agreement(s) with Assignee. |
T] Assigned with racowse
GAL Assigned without recourse
f\ (] Assigned with Emiled recourse |
Seller Nino Quality Motors, Fae” By
a ‘tte & rr)
Form No, 563-CA 105
PDF Page 14
] VERIFICATION
2 I, Theresa Casillas, declare:
3 Tam the Collection Services Agent for The Golden 1 Credit Union, Plaintiff in this action
4 | entitled The Golden 1 Credit Union v. Carlos A. Romero, et al., and I have been authorized to
5 | make this verification on its behalf.
6 [have read the foregoing Complaint on the file herein and know the contents thereof. The
7 # same is true of my own knowledge, expect as to those matters which are therein.
% I declare under penalty of perjury under the laws of the State of California that the
9 # foregoing ts true and correct.
10 Executed at Sacramento, California, on 2009
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BUCHALTER NEMER 6
To nests VERIFIED COMPLAINT FOR MONEY
Back to 
