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Page 1 21SMCV01255
Assigned for all purposes to: Santa Monica Courthouse, Judicial Officer: Mark Young
Electronically FILED by Superior Court of California, County of Los Angeles on 07/26/2021 01:14 PM Sherri R. Carter, Executive Officer/Clerk of Court, by V. Yonker,Deputy Clerk
2
3
THE BEOGLYAN LAW FIRM
MARGARITA N. BEOGLYAN, SBN 290399
655 N. Central Avenue, 17" Floor
Glendale, California 91203
Telephone Number:
(818) 280-8232
Facsimile Number:
(818) 484-2303
4
Attorney for Plaintiffs„
5
ROBERTAPPLE
KOM CONSTRUCTION INC.
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
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12
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16
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18
19
) Case No.:
)
)
) PLAINTIFFS'OMPLAINT FOR DAMAGES
Plaintiffs,
)
)
vs.
)
)
TESLA, INC. WHICH WILL DO
)
BUSINESS IN CALIFORNIA AS TESLA
)
MOTORS, INC., a Delaware corporation; and )
DOES I through 30, inclusive,
)
)
Defendants.
)
ROBERT APPLE, an individual, and KOM
CONSTRUCTION INC., a California
corporation,
)
)
)
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21
22
23
COMPLAINT
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NOW COME the Plaintiffs, ROBERT APPLE, an individual, and KOM CONSTRUCTION
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INC., a California corporation, by and through Plaintiffs'ttorney, Margarita N. Beoglyan of The
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Beoglyan Law Firm, with Plaintiffs'omplaint for Damages against Defendants, TESLA, INC.
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WHICH WILL DO BUSINESS IN CALIFORNIA AS TESLA MOTORS, INC., a Delaware
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corporation; and DOES I through 30, inclusive, allege and affirmatively state as follows:
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 2 PARTIES
2
1.
Plaintiff, ROBERT APPLE, is and was at all times relevant herein an individual residing in
Orange County, State of California. Plaintiff, KOM CONSTRUCTION INC., is and was at all times
4
relevant herein a California corporation with its primary place of business in the State of California,
5
Plaintiffs, ROBERT APPLE and KOM CONSTRUCTION INC. (collectively "Plaintiffs") purchased
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the Subject Vehicle in the State of California.
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2.
Defendant, TESLA, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TESLA
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MOTORS, INC. ("Manufacturer*'), is and was at all times relevant herein a Delaware corporation
9
authorized to do business in the State of California and is engaged in the manufacture, sale, and
Io
distribution of motor vehicles and related equipment and services. Manufacturer is also in the business
of marketing, supplying and selling written warranties to the public at large through a system of
12
authorized dealerships, including TESLA MOTORS INC. (" Seller"), in Fremont, California.
13
Manufacturer does business in all counties of the State of California.
BACKGROUND
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15
3.
On or about September 27, 2020, Plaintiffs purchased from Seller for valuable consideration
16
a new 2020 Tesla Model Y, manufactured by Manufacturer and bearing the Vehicle Identification No.
17
5YJYGDEE3LF054909 (" Subject Vehicle" ). (A true and correct copy of
I II
attached hereto and marked as Exhibit "A")
19
20
21
4.
Plaintiffs'ale Contract
is
The price of the Subject Vehicle, including sales tax, registration charges, document fees and
other collateral charges, such as bank and finance charges, totaled $ 74,524.08.
5.
In consideration for the purchase of the Subject Vehicle, Manufacturer issued and supplied to
22
Plaintiffs several written warranties, including a four (4) years or fifty thousand (50,000) miles basic
23
and eight (8) years or one hundred twenty thousand (120,000) miles powertrain factory warranties, as
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well as other stated warranties fully outlined in the Manufacturer's Warranty Booklet.
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6.
On or about September 27, 2020, Plaintiffs took possession of the Subject Vehicle and
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shortly thereafter experienced the various defects listed below that substantially impair the use, value
27
and safety of the Subject Vehicle.
7.
The defects listed below violate the express written warranties issued to Plaintiffs by
-2-
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 3 1
Manufacturer, as well as the implied warranty of merchantability.
8.
2
3
Plaintiffs brought the Subject Vehicle to Seller and/or other authorized service dealers of
Manufacturer for various defects, including, but not limited to the following:
4
a.
Defective doors — over 4 failed repair attempts;
5
b.
Defective rear bumper — over 2 failed repair attempts;
6
c.
Defective rear tail — over 2 failed repair attempts;
7
d.
Defective headliner;
8
e.
Defective steering knuckle;
9
f.
Defective lift gate; and
10
g.
Any additional complaints made by Plaintiffs, whether or not they are contained in
11
Manufacturer's records or on any repair orders.
9.
12
Plaintiffs provided Manufacturer through Seller and/or other authorized dealers of
13
Manufacturer sufficient opportunities to repair the Subject Vehicle. (A true and correct copy of the
14
Subject Vehicle's repair records is attached hereto and marked as Exhibit "B")
15
16
17
10.
Manufacturer, through its authorized dealers was unable and/or failed to repair the defective
doors of the Subject Vehicle despite having over four (4) opportunities to do so.
1
l. Manufacturer, through its authorized dealers was unable and/or failed to repair the non-
18
conformities of the Subject Vehicle despite it being out of service by reason of repairs for a cumulative
19
total of over thirty-four (34) calendar days prior to reaching 10,000 miles on the odometer.
20
21
22
23
24
25
26
27
28
12.
Plaintiffs justifiably lost confidence in the Subject Vehicle's reliability and said defects have
substantially impaired the use, value, and/or safety of the Subject Vehicle to Plaintiffs.
13.
Said defects could have not been discovered by Plaintiffs prior to Plaintiffs'cceptance of
the Subject Vehicle.
14.
As a result of said defects, Plaintiffs revoked acceptance of the Subject Vehicle in writing on
May 28, 2021. (A true and correct copy of said letter is attached hereto and market Exhibit "C")
15.
At the time of revocation, the Subject Vehicle was in substantially the same condition as at
delivery except for damage caused by its own defects and ordinary wear and tear.
16.
To-date Manufacturer has failed to accept Plaintiffs'emand for revocation and has refused
-3-
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 4 to provide Plaintiffs with the remedies Plaintiffs is entitled upon revocation.
17.
2
3
exhibit the above mentioned defects that substantially impair its use, value and/or safety.
18.
4
5
The Subject Vehicle remains in a defective and un-merchantable condition, and continues to
Plaintiffs have and will continue to be financially damaged due to Manufacturer's failure to
comply with the provisions of its express and implied warranties.
FIRST CAUSE OF ACTION
6
BREACH OF WRITTEN
7
PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT
8
19.
9
10
11
W~TY
18
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
1
through
of Plaintiffs'omplaint for Damages.
20. Plaintiffs are purchasers of a consumer product who received the Subject Vehicle during the
12
duration of a written warranty period as defined in 15 U.S.C.
13
Vehicle and who are entitled by the terms of the written warranty to enforce against Manufacturer the
14
obligations of said warranty.
15
16
17
18
19
20
$
2301(6) applicable to the Subject
21. Manufacturer is a business entity engaged in the business of making a consumer product
directly available to Plaintiffs.
22.
Seller is an authorized dealership/agent of Manufacturer designed to perform repairs on
vehicles under Manufacturer's automobile warranties.
23.
The Magnuson-Moss Warranty Act, 15 U.S.C. f 2301 et seq. (" Warranty Act") is applicable
to Plaintiffs'omplaint in that the Subject Vehicle was manufactured, sold and purchased after July 4,
1975, and costs in excess of ten dollars ($ 10.00).
22
24.
Plaintiffs'urchase of the Subject Vehicle was accompanied by written factory warranties
23
for any non-conformities or defects in materials or workmanship, comprising an undertaking in writing
24
in connection with the purchase of the Subject Vehicle to repair the Subject Vehicle or take other
25
remedial action free of charge to Plaintiffs with respect to the Subject Vehicle in the event that the
26
Subject Vehicle failed to meet the specifications set forth in said undertaking.
27
28
25.
Said warranties were the basis of the bargain of the contract between the Plaintiffs and
Manufacturer for the purchase of the Subject Vehicle to Plaintiffs by and through the Seller.
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 5 1
2
3
4
26.
Said purchase of Plaintiffs'ubject Vehicle was induced by, and Plaintiffs relied upon, these
written warranties.
27.
Plaintiffs have met all of Plaintiffs'bligations and preconditions as provided in the written
warranties.
5
28.
Manufacturer's tender of the Subject Vehicle was substantially impaired to Plaintiffs,
6
29.
Manufacturer's tender of the Subject Vehicle, which was substantially impaired to Plaintiffs,
7
8
constitutes a violation of 15 U.S.C.
30.
$
2301 et seq.
As a direct and proximate result of Manufacturer's failure to comply with its express written
warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C.
10
$
2310(d), Plaintiffs are
entitled to bring suit for such damages and other equitable relief.
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
12
a.
Refund of all monies paid for the Subject Vehicle pursuant to 15 U.S.C.
13
b.
Refund of all incidental and consequential damages incurred pursuant to 15 U.S.C.
14
2304(a)(3);
15
c.
16
d.
2304(a)(4);
$
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to 15 U.S.C.
17
$
$
2310(d)(2); and
Such other and further relief that the Court deems just and appropriate.
SECOND CAUSE OF ACTION
19
BREACH OF IMPLIED WARRANTY
20
PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT
21
22
23
31.
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
32.
The Subject Vehicle purchased by Plaintiffs was subject to an implied warranty of
merchantability as defined in 15 U.S.C.
25
consumer, Plaintiffs herein.
27
28
through
30 of Plaintiffs'omplaint for Damages.
24
26
1
33.
(j
2301(7) running from the Manufacturer to the intended
Manufacturer is a supplier of consumer goods as a business entity engaged in the business of
making a consumer product directly available to Plaintiffs.
34.
Pursuant to 15 U.S.C.
$
2308(a), Manufacturer is prohibited from disclaiming or modifying
-5-
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 6 any implied warranty when making a written warranty to the consumer or when Manufacturer has
2
entered into a contract in writing within ninety (90) days of purchase to perform services relating to the
3
maintenance or repair of a motor vehicle.
4
35.
Plaintiffs'ubject Vehicle was impliedly warranted to be substantially free of defects and
6
non-conformities in both material and workmanship, and thereby fit for the ordinary purpose for which
6
the Subject Vehicle was intended.
7
The Subject Vehicle was warranted to pass without objection in the trade under the contract
36.
8
description, and was required to conform to the descriptions of the vehicle contained in the contracts
9
and labels.
10
11
12
13
14
37.
The above described defects in the Subject Vehicle render the Subject Vehicle unfit for the
ordinary and essential purpose for which the Subject Vehicle was intended.
38.
Manufacturer's tender of the Subject Vehicle, which was substantially impaired to Plaintiffs,
constitutes a violation of 15 U.S.C.
$
2301 et seq.
39. As a direct and proximate result of Manufacturer's failure to comply with its implied
15
warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C.
16
entitled to bring suit for such damages and other equitable relief.
17
g
2310(d), Plaintiffs are
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
a.
Refund of all monies paid for the Subject Vehicle pursuant to 15 U.S.C.
19
b.
Refund of all incidental and consequential damages incurred pursuant to 15 U.S.C.
20
2304(a)(3);
21
c.
22
23
$
tj
2310(d)(2); and
Such other and further relief that the Court deems just and appropriate.
24
THIRD CAUSE OF ACTION
25
BREACH OF WRITTEN WARRANTY
26
PURSUANT TO THE SONG-BEVERLY CONSUMER
27
WARRANTY ACT
28
2304(a)(4);
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to 15 U.S.C.
d.
tj
40. Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
-6-
PLAINTIFFS'OMPLAINT FOR DAMAGES
1
throughPage 7 I
2
39 of Plaintiffs'omplaint for Damages.
41.
Pursuant to Cal. Civ. Code
$
1793.2(c), Plaintiffs have delivered the Subject Vehicle to the
3
Manufacturer's service and repair facilities within this state and/or other authorized service dealers of
4
Manufacturer within the terms of protection and have tendered the Subject Vehicle for repairs of the
5
above-mentioned defects that substantially affect the use, value and safely of the Subject Vehicle.
6
7
8
42.
Manufacturer, through its service and repair facilities and/or other authorized dealership has
been unable to repair the said defects within a reasonable number of attempts.
43.
Pursuant to Cal. Civ. Code
tj
1793.2(d), Plaintiffs are entitled to a refund of the full purchase
9
price of the Subject Vehicle, including all collateral charges such as sales tax, license fees, regisnution
10
fees, and other official fees, plus any incidental damages including, but not limited to, reasonable
11
repair, towing, and rental car costs actually incurred by Plaintiffs.
12
13
14
15
44.
Pursuant to Cal. Civ. Code
$
1794, Plaintiffs are entitled to recover a sum equal to the
aggregate amount of costs and expenses, including attorney's fees reasonably incurred.
45.
Manufacturer has willfully violated the provisions of this act by knowing of its obligations to
refund or replace Plaintiffs* Subject Vehicle, but failing to fulfill them.
16
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
17
a.
Is
incidental damages pursuant to Cal. Civ. Code
b.
19
20
c.
g
1793.2(d);
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to Cal. Civ. Code
21
22
Refund of all monies paid for the Subject Vehicle including all collateral charges and
$
1794;
A civil penalty not to exceed two times the amount of actual damages pursuant to Cal.
Civ. Code $ 1794(c); and
d.
23
Such other and further relief that the Court deems just and appropriate.
24
FOURTH CAUSE OF ACTION
25
BREACH OF IMPLIED WARRANTY
PURSUANT TO THE SONG-BEVERLY CONSUMER
WARRANTY ACT
27
46.
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
-7-
PLAINTIFFS'OMPLAINT FOR DAMAGES
1
throughPage 8 I
2
45
of Plaintiffs'omplaint for Damages.
The Subject Vehicle purchased by Plaintiffs was subject to an implied warranty of
47.
3
merchantability as defined in Cal Civ. Code.
4
intended consumer, Plaintiffs herein.
5
6
7
8
9
10
11
$ 1790
et seq. running fiom the Manufacturer to the
Manufacturer is a supplier of consumer goods as a business entity engaged in the business of
48.
making a consumer product directly available to Plaintiffs.
Manufacturer is prohibited I'rom disclaiming or modifying any implied warranty under Cal.
49.
Civ. Code $ 1790 et seq.
Pursuant to Cal. Civ. Code
50.
$ 1790
et seq.,
Plaintiffs'ubject Vehicle was impliedly
warranted to be fit for the ordinary use or which the Subject Vehicle was intended.
The Subject Vehicle was warranted to pass without objection in the trade under the contract
51.
12
description, and was required to conform to the descriptions of the vehicle contained in the contracts
13
and labels.
14
15
16
17
52.
The above described defects in the Subject Vehicle caused it to fail to possess the most basic
degree of fitness for ordinary use.
53.
As a result of the breach of implied warranty by Manufacturer, Plaintiffs have suffered and
continue to suffer various damages.
18
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows: 19
a.
2o
incidental damages pursuant to Cal. Civ. Code
b.
21
22
c.
(j
1793.2(d);
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to Cal. Civ. Code
23
24
Refund of all monies paid for the Subject Vehicle including all collateral charges and
$
1794;
A civil penalty not to exceed two times the amount of actual damages pursuant to Cal.
Civ. Code g 1794(c); and
d.
25
Such other and further relief that the Court deems just and appropriate.
26
FIFTH CAUSE OF ACTION
27
NEGLIGENT MANUFACTURE BY MANUFACTURER
28
54.
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
-8-
PLAINTIFFS'OMPLAINT FOR DAMAGES
1
throughPage 9 I
53
of Plaintiffs'omplaint for Damages.
2
55.
On or about September 27, 2020, Plaintiffs purchased the Subject Vehicle from Seller.
3
56.
The Manufacturer and Seller, manufacture, distribute, and sell the aforementioned Subject
4
Vehicle vehicles, expecting these vehicles to reach consumers in the condition in which they are sold
5
and knowing, or with reason to know, that the vehicles will be used without inspection for defects.
6
7
8
9
10
11
57.
At the time of the purchase, the Subject Vehicle suffered from the aforementioned defects.
The said defects were not observable by the Plaintiffs at the time of purchase.
58.
Manufacturer, through its service and repair facilities and/or other authorized dealership have
been unable to repair the said defects within a reasonable number of attempts.
59.
As a direct and proximate result of Manufacturer's negligent manufacture of the Subject
Vehicle, Plaintiffs have suffered damages for which relief is sought herein.
12
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows: 13
a.
14
incidental damages;
15
b.
16
17
Refund of all monies paid for the Subject Vehicle including all collateral charges and
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred; and
c.
Such other and further relief that the Court deems just and appropriate.
18
PLAINTIFFS HEREBY REQUEST A JURY TRIAL IN THIS MATTER
19
Dated this 23'ay of July, 2021
20
21
THE BEOGLYAN LAW FIRM
655 N. Central Avenue, 17" Floor
Glendale, CA 91203
22
23
By
24
25
26
Attorney for Plaintiffs
ROBERTAPPLE
KOM CONSTRUCTION INC.
27
28
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PLAINTIFFS'OMPLAINT FOR DAMAGESPage 10 EXHIBIT A
10
12
13
14
15
16
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 11 I~ 553-CA-ARB-cps
TI1 6
RETAIL INSTALLI(SENT SALE CONTRACT — SIMPLE FINANCE CHARGE (tjt/ITH ARBITRATION PROVISION)
Seller-Creditor (Name and Address)
Testa Motors Inc.
Co-Buyer Name and Address
(Induding County and Zip Code)
Buyer Name and Address
(Including County and Zip Code)
Robert Apple
KOM Construction Inc.
45500 Fremont Blvd.
Fremont, CA 94538
1131 back bay drive
Newport beach, CA 92860
26500 Agoura Road
Calabasas, CA 91302
Stock Number
R.O.S. Number
Contract Number
Dealer Number
the vehicle on credit under the agreements
You, the Buyer (and Co-Buyer, if any), may buy the vehide below for cash or on credit. By signing this contract, you choose to buy
"us"
"we'r
Finance Charge in U.S. funds according
Financed
and
Amount
contract)
the
in
this
Creditor
(sometimes
on ag pages of this contract. You agree to pay the Seller
of this contract.
to the payment schedule below. We will Ngure your finance charge an a daily basis. Ths Truth-In-Lending Disdosures below are part
Make
Naw
Used
Year
and Model
Odometer
Vehicle Identwcation Number
Tesla
15
5YJYGDEE3LF054909
New
Model Y
2020
ANNUAL
PERCENTAGE
RATE
The cost of
your credit as
a yearly rate.
4.14
.
Oy
FEDERAL TRUTHAN-LENDING DISCLOSURES
Total of
Amount
FINANCE
Payments
Financed
CHARGE
The dollar
amount ths
credit wgl
crmt you.
The amount you
will have pmd after
you have made ag
payments as
scheduled.
The amount of
credit provided
to you or
on your behalf.
STATEMENT OF INSURANCE
Total Sale
Price
The total cost of
your purchase on
credit, induding
your down
payment of
26,938.56 ls
74,524.08 (e)
8 5,585.52 (s) S 42,000.00 (e) $ 47,585.52 (e) S
(s) means an estimate
YOUR PAYMENT SCHEDULE WILL BE:
Number af Payrllllntgi
One Payment of
NollCE. No person is required as a condition af fmancing
the purchase of a motor vshids ta purchase or negotiate any
insurance through a paiucusr inguranae company, agent or
brokgr. You are not required to huy any other insurance ta
obtain credit. Your decision to buy or not buy other insurance
wtl not be a factor in the credit approval pracgss,
Vehicle Insungnce
S~Dgd. Comp.,
$
+4
When Payments Are Due:
Amount ct Payments:
NIA
N/A
N/A
N/A
N/A
N/A Mis S
N/A Mm 6
N/A
Limits
N/A
Mgg,
S
N/A
Limgs
N/A
Mgg
S
N/A
N/A
N/A
Mgg
S
NIA
NIA
N/A
Mgg
6
N/A
6
NIA
~
S~
Properly Dgmggg
Medical
6
Tatglvghidelngurgncg Premiums
Paym«a
N/A
N/A
N/A
Mangily beginning
11/1 1/2020
660 91
72
N/A
One Nnal paymgm
required to buv any other insurance tc obtain cmiiL
krlU I
N/A
N/A
N/A
N/A
~l
KOM
I
~
~P~+~
CPBuyer X
X
,
B„g gabc Ndaw, yau agree that, Pursuant
ta the Arbitration Provision an page 7 af this ccntrgd, yau or we mgy )
gled ta resolve any dispute by neutral, binding arhitratian and nat by
a court action. Sgg the Arbitration Provision for additional information
cangemiug the aargugenl to uhiaatg. BX Cgadutg
Buyer Signs X
Coeuyer Signs X
If
IN
Yau may buy the physical damage insurance this contract requires
from anyone ycu ihaogg wha is accgplgalg ta ug, Yau are nai
Buyer X
Lstg Charge, If pgymgni is nat rgcgivgd in full witdn 10 days aller it is dug, Yau wg pay g late charge of SII of as purl of the pgyuggl thd ig late.
rgpafmml. N yau pgy early, Tau mgy be chagad a nimiuum fnggcg chgrga
Sgcuey IulgnuL Yau are Stunt g ggcudy Inbrgd in the vghidg !mat purchased.
Addwosgl Infamueon: Sag this cangggt for more inlarugfaa iadudat iulaugggau about nonpayment, calculi, any required rgpgpg gut in fut hglcrg
the mh/dulgd dglg, minimum finance charges, and ggcurty inluggt
NIA
THIS AGREEMENT FOR
FUBUC UABIUTY OR PROPERTY DAMAGEINSURANCE,PAYMENT
FOR SUCH COVERAGEIS NOTFROVIDED BY)HIS AGREEMENT.
UNlESS A CHARGE IS INCLUDED
Ons
Premium
Term
Fire 5 Thglt
Dail Catidan
Baatii Injury
NIA
One Pgyrmru al
Primary Use For Which Purchased
Personal, family or household unless
otherwise indicated below.
Cl business or commercial
I
AUTO BROKER FEE DISCLOSURE
this contract reflects the retail sale of a new motor vehide, the sale is nat subject to a fss Tecehred by an autobfoker from us unless the following box is checked:
N/A
Name of autobroker receiving fee, if applicable:
KOM Construction inc. by
Buyer Signs X
rica~i~
Co.Buyer Signs
X
(AW 553-CA-ARB-sps 7/TS vf
Page
1
of 7Page 12 OPTIONAL SERVICE CONTRACT(S) You want to
purchase ths service conhact(s) writlen with the following
company(ies) for the term(s) shown below for the
charge(s) shown in item 11.
ITEMIEATIOICOFTHE AMOUNT FINANCED (Seller may keep psri of the amounts paid to others.)
Cash Prise
Cash Price of Motor Vehide and Accessories
1. Cash Price Vehide
2. Cash Price Accessories
1. Total
A.
$
62,290.00
62,290.00
$
NIA
(A)
N/A
N/A
NIA
NIA
Describe
1. (paid to)
2. (paid to)
3. (paid to)
(9)
14
N/A
N/A
N/A
(El)
OPTIONAL DEBT CANCELLATION AGREEMEHT. A dsbl
cancellation agreement is not required to obtain audit and will
not be pnwided unless you sign below snd agree to pay the
extra charge. If you choose to buy debt caniwll shan, the charge
is shown in item 1K of the Itemization of Amount Financed. See
your debt cancellazon agreement tor details on the terna snd
candiTians it provides. It is a part of this contract
$
$
3. (paid to)
N/A
N/A
N/A
4. (paid to)
5. (paid to)
NIA
N/A
(E2)
For
N. Other (paid to)
For
$
$
(12)
Buyer Signs X
$
$
NIA
NIA
54)
(13)
C. Cagomia lire Fees
N/A
(K)
$
$
$
N/A
(H)
$
NIA (D)
701.00
Total Omdial Fees (A through D)
3. Amount Paid to Insurance Companies
(Total premiums from Statement af Insurance)
Vehicle I 3
$
68,938.56
0 00
(see Trade-In Vehide(s)):
Vshide 2 3
1
3
0.00
C. Total Nst Trade-In (A-B) (indicate
if
0.00
(A)
$
0.00
(6)
$
0.00
(C)
Vehide 2 $
negative number)
Vehide 2 $
Vehide1 3
D. Deterred Dovmpayment Payable to Seller
E. Manufacturer'4 Rebate
F.
$
$
$
$
$
G. Cash, Cash Equivalent, Check, Credit Card, ar Debit Card
Total Downpayment (C through G)
(If
negative, enter zero an line 6 and snlsr ths amount less than zero as a pcsgvs number on line
7. Amount Rnence! (5 less 6)
KOM Canstrucban Ina. by ~a~
Buyer Signs X I
~~i
I
Co-Buyer Signs X
I
I
J shave)
Odometer
N/A
(3)
(4)
(6)
N/A
0.00
0.00
0.00
N/A
N/A
6
c. Agreed Value of Property
Being Traded-In (a-b)
6
d. Prior Credit or Lease Balance $
e. Net Trade-In (c-d) (must be 2 0
NIA
6
N/A
for buyer/coaruyer to retain equity)
NIA
N/A
~
(E)
OPllON: OYou pay no finance charge if thsl
Amount Financed, item 7, is paid in full on or
(F)
26.938.56 (0)
26,938.56
6
c. Agreed Value of Property
Being Traded-In (a-b)
$
d. Prie Credit or Lease Balance 3
e. Net Trade-In (a-d) (must be 3 0
for buyer/co-buyer to retain equity) 6
2. Vehirde 2
NIA
N/A
Year
Make
N/A
Model
Odometer
N/A
Total Agreed Value of Property
000*
Being Trudeau (1c+2c)
$
Total Prior Credit or Lease
0.00
Balance (1 d+2d)
*
Net Tradwqn (1e+2a)
$
('Ses item 6A-6C in ths Itemization of Amount Financed)
(D)
0.00
0.00
$
b. Buyer/Co.Buyer Retained Trade Equily
(2)
N/A
N/A
n/a
VIN
a. Agreed Value of property
N/A
N/A
Other
(1)
N/A
B. Total Less Priior Credit or Lease Balance (e)
Vehicle
N/A
N/A
through 4)
A. Total Agreed Value of Properly Being Traded-In
NIA
Make
b. Buyer/Co.Suyer Retained Trade Equity
(M)
$
$
6. Total Dawnpsyment
N/A
VIN
(L)
405.00 (A)
289.00 gl)
7.00 (C)
State Emissions Exemption Fes
Year
Model
a. Agreed Value of Property
NIA
NIA
NIA
68,237.56
Fees
Tradeun Vehicle/sl
NIA (J)
$
N/A
1.~V'
(15)
Pric (A through N)
2. Amounts Paid to Pubgc Ofgolals
A. Vehide Ucense Fees
want to buy a debt cancellation agreement.
I
$
N/A
N/A
NIA
Debt Cancellation Agreemenl
51)
$
Miss
NIA
Mos.
N/A
N/A
NIA
J. Prior Credit or Lease Balance (e) paid by Seller to
N/A Vehida 2
N/A
Vehide I
(sse downpayment and tradatn calculation)
K. (Optional) Debt Cancellation Agreement
L (Optional) Used Vehids Contract Cancellation Option Agreement
NIA
M. Other (paid to)
N/A
Term
(H)
N/A
Mon m
NIA
'otal
2. (paid to)
NIA
Term
30.00
NIA
15 Company
5,917.56 (0)
(Optional) Seirice Cortmct(s)
(1
Miles
$
$
$
$
Tea(a, lnc.
5. Subtotal
Mow or
N/A
N/A
N/A
through F)
0 State Emissions CeNTicagon Fse orCl
N/A
Buyer X
1. (paid to)
4.
Miles
(D3)
a governmental fee) (paid to)
D. Outer
N/A
(01)
H. Bedronic Vehide Registration or Tisnsler Charge
B. Registration/Transfer/Titling
Miles
N/A
N/A
N/A
EV Charging Stacon (paid ta)
Total Cash
Mos. or
NIA
Company
Term
N/A
NIA
N/4
Term
(C)
Miles
$
$
$
2. (paid to)
L
Mos. or
NIA
N/A
NIA
N/A
1. (paid to)
(not
N/A
13 Company
E. (Optional) Surface Protection Product(s)
G. Sales Tsx (an taxable items in
Company
N/A
Term
N/A
NIA
$
$
Processing Charge (not a gavsrnmental tee)
C. Emissions Testing Charge (not a governmental fee)
D. (Optional) Theft Detenent Device(s)
B. Document
F.
Mca or
12
Describe
NIA
Company
NIA
Term
11
3. Other (Nontaxable)
~
(6)
NIA
before
SELLER'S INITIALS
Yew
N/A
N/A
42,000.00 (7)
LAW 553-CA-Agape 7/16 vf
Page 2 of 7Page 13 TtadrHR PSLmff Agreemenb Seger relied on information from you antVcr the lienholder or lessor of your traderin vehide(s) to amve at the payolf amount shown as the Prior Credit or Lease
Balance in Trade.ln Vehide(s). You unrieretand that the amount quoted Is an estmate.
Seller agrees to pay tbe payoff amount shown as the Prior Credit or Lease Balance in Trade In Vehide(s) to the lienholder or lessor of the badein vebide(s), or fie designee. It the actual
payofi amount is more than the amount shown as the Prior Credit cr Lease Balance in Trade.ln Vehide(s), you must pay Ibe Seller the excess cn demand. If the actual Paydf amount is
less than fire amount shown as the Prio Creditor Lease Balance in Trade-In Vehide(s), Seller will reland to yov any overage Seller receives fram your pier lienholder or lessor. Except as
stated in the "NOTICE'n oace 5 of firis mntracL anv assignee of fiv'e corrirect will not be obligated to pey the Prior Credit cr Lease Rrarrnrw shown in Trade-In Vebide(s) or any refund.
Buyer Signature X
4~
'
v
Co.Buyer Signature X
I
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between You and us relating to this contract. Any change to the contract must be in
writing and both vcu and we must sian it. No oral changes are binding.
Buyer Sine X
I
vcLr~~ a~ KCBOmlwlmlim
Cwgaver Signa x '
SELLER'S RIGHT TO CANCEL If Buyer and Co Buyer sign here, the prorieione of the Seller's Right to Cancel eecfion on page 5 of this contract giving the Seller the right tc cancel
unable tc aeeicn this contract to a financial inemuticn will apply.
Buyer
KCNOwevdmlhc
X
co.mayer x
if
Seller is
I
THE ISINESUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW ISUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR
NOT YOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT YOU SHOULD CONTACT YOUR INSURAHCE AGENT.
WARNING:
YOUR PRESENT POLICY SIAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FDR THE VEHICLE SEING PURCHASED. IF YOU DO
NOT HAVE FULL COVERAGE, SUPPLEISENTAL COVERAGE FOR COLLISION DAISAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING
DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIEO, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF
THE UNPAID BALANCE REMAINING AFTER THE VEHCLE HAS BEEN REPOSSESSED AND SOLD.
FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER SHALL SGN TO ACKNOWLEDGE THAT HEISHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS.
ssx
'oM
onelna5mlnL
ISIDariarmla
X
I
CREDIT DISABILITY INSURANCE NOTICE
CLAIM PROCEDURE
lf ycu become disabled, you must tell us right away. (You are advised to send this information to the same address to which you are normally
required to send your payments, unless a diffwrerri address or telephone number is given to you in writing by us as the location where we would
like to be notified.) We will tell you where to get daim forms. You must send in the completed form to the insurance company as soon as possible
and tell us as soon as you do.
lf your disability insurance covers ag of your missed payment(s), WE CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLOSE UPON
OR REPOSSESS ANY COLLATERAL UNTIL THREE CALENDAR MONTHS AFTER your first missed payment is due or until the insurance
company pays or rejects your claim, whichever comes first. We can, however, try to collect, foreclose, or repossess if you have any money due
and owing us or are otherwise in default when your disability claim is made or if a senior mortgage or lien holder is foreclosing.
If the Insurance company pays the claim within the three calendar months. we must accept the money as though you paid on time. If the
insurance company rejects the claim within the three calendar months or accepts 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 of the partial disability claim is
sent to pay past dua payments, or the difference between the past dua payments and what the insurance company pays for ths partial disability,
plus late charges. You can contact us, and we will tell you how much you owa. After that time, we can take action to collect or foreclose or
repossess any collateral you may have given.
If the insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued payments, you should
send in these completed additional forms no later than required. If you do not sand in these forms on time, the insurance company may stop
paying, and we will then ba able to take action to collect or foreclose or repossess any collateral you may have given.
KOM Construction Inc. by rrcac
Buyer Signs X I
Co-Buyer Signs X
I
tAVF663CA-ARB~ 7/16 v1
Page 3 of 7Page 14 OTaIER Ih(IPORTANT AGREEMENTS
1.
FINANCE CHARGE AND PAYIIIENTS
How we will Sgure Finance Charge. We will figure the
Finance Charge on a daily basis at the Annual Percentage
Rate on the unpaid part of the Amount Financed. SellerCreditor may receive part of the Finance Charge.
b. How we will apply paymenta We may apply each
d. Insurance you must have on the vehide.
You agree to have physical damage insurance covering
loss of or damage to the vehicle for the term of this
contract. The insurance must cover our interest in the
vehicle. If you do not have this insurance, we may, if we
choose, buy physical damage insurance. If we ded«de to
buy physical damage insurance, we may either buy
insurance that covers your interest and our interest in the
vehicle, or buy insurance that covers only our interest. If we
buy either type of insurance, we will tell you which type and
ths charge you must pay. The charge will be the premium
for the insurance and a finance charge computed at the
Annual Percentage Rate shown on page 1 of this contract
or, at our option, the highest rate ths law permits. If the
vehicle is lost or damaged, you agree that we may use any
insurance settlement to reduce what you owe or repair the
a.
payment to the earned and unpaid part of the Finance
Charge, to the unpaid part of the Amount Financed and to
other amounts you owe under this contract in any order we
choose.
C. How late payments or early payments change what you
must pay. We based the Finance Charge, Total of
Payments, and Total Sale Price shown on page 1 of this
contract on the assumption that you will make every
payment on the day it is due. Your Finance Charge, Total of
Payments, and Total Sale Price will be more if you pay late
and less if you pay early. Changes may take the form of a
larger or smaller final payment or, at our option, more or
fewer payments of the same amount as your scheduled
payment with a smaller final payment. We will send you a
notice telling you about these changes before the final
scheduled payment is due.
d. You may prepay. You may prepay all or part of the unpaid
part of the Amount Financed at any time. If you do so, you
must pay the earned and unpaid part of the Finance
Charge and all other amounts due up to the date of your
payment. As of the date of your payment, if the minimum
finance charge is greater than the earned Finance Charge,
you may be charged the difference; the minimum finance
charge is as follows: (1) $ 25 if the original Amount
Financed does not exceed $ 1,000, (2) $ 50 if ths original
Amount Financed is more than $ 1,000 but not more than
$ 2,000, or (3) $ 75 if the original Amount Financed is more
than $ 2,000.
YOUR OTHER PROMISES TO US
It the vehicle is damaged, destroyed, or missing. You
agree to pay us all you owe under this contract even if the
vehids is damaged, destroyed, or missing.
GAP LIABILITY NOTICE
In the event of theft or damage to your vehicle that
results in a total loss, there may be a gap between the
amount you owe under this contract and the proceeds
of your insurance settlement and deductible. THIS
CONTRACT PROVIDES THAT YOU ARE LIABLE FOR
THE GAP AMOUNT. An optional debt cancellation
agreement for coverage of the gap amount may bs
offered for an additional charge.
Using the vehicle. You agree not to remove the vehicle
from the U.S. or Canada, or to sell, rent, lease, or transfer
any interest in the vehicle or this contract without our
written permission. You agree not to expose the vehicle to
misuse, seizure, confiscation, or involuntary transfer. If we
pay any repair bills, storage bills, taxes, fines, or charges on
the vehicle, you agree to repay the amount when we ask for
it.
Security Interest.
You give us a security interest in:
~
The vehicle and all parts or goods put on
it;
money or goods received (proceeds) for the
vehicle;
~
All insurance, maintenance, service, or other contracts
we finance for you; and
~
All proceeds from insurance, maintenance, service, or
other contracts we finance for you. This includes any
refunds of premiums or charges from ths contracts.
This secures payment of all you owe on this contract. It
also secures your other agreements in this contract as the
law allows. You will make sure the title shows our security
interest (lien) in ths vehicle. You will not allow any other
security interest to be placed on the title without our written
permission,
KOM Construction Inc. bv «o«o
~
Buyer Signs X
All
I
Co-Buyer Signs X
I
vehicle.
e. What happens to returned insurance, maintenance,
service, or other contract charges. If we get a refund of
insurance, maintenance, service, or other contract
charges, you agree that we may subtract the refund from
what you owe.
IL
IF YOU PAY LATE OR BREAK YOUR OTHER PROIIIISES
s. You may owe late charges. You will pay a late charge on
each late payment as shown on page 1 of this contract.
Acceptance of a late payment or late charge doss not
excuse your late payment or mean that you may keep
making late payments. If you pay late, ws may also take the
steps described below.
b. You may have to pay all you owe at once. If 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 give false, incomplete, or misleading information
on
c*
a credit application;
start a proceeding in bankruptcy or one is started
against you or your property;
~
The vehicle is lost, damaged or destroyed; or
You break any agreements in this contract.
Ths amount you will ows will bs the unpaid part of the
Amount Financed plus the earned and unpaid part of the
Finance Charge, any late charges, and any accounts due
because you defaulted.
You may have to pay collection costs. You will pay
our reasonable costs to collect what you owe, induding
attorney fees, court costs, collection agency fess, and fees
paid for other reasonable collection efforts. You agree to pay a
charge not tc exceed $ 15 if any check you give tc us is
~
You
dishonored.
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 lf your vehicle has an
electronic tracking device, you agree that we may use the
device to find the vehicle. If we take the vehicle, any
accessories, equipment, and replacement parts will stay
with the vehicle. If any personal items are in the vehicle, we
may store them for you at your expense. If you do not ask
for these items back, we may dispose of them as the law
allows.
e. How you can get the vehide 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 dus payments and any late charges,
providing proof of insurance, and/or taking other action to
cure the default. 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.
t/Iyi/553-CA-/IIIB-sPs 7/1S v1
Page 4 of 7Page 15 We will sell the vehicle if you do not get it back. If you
do not redeem, we will sell the vehicle. We will send you a
written notice of sale before selling the vehicle.
We will apply the money from the sale, less allowed
expenses, to the amount you owe. Allowed expenses ars
expenses we pay as a direct result of taking the vehicle,
holding it, preparing it for sale, and selling it. Attorney fees
and court costs the law permits are also allowed expenses.
If any money is left (surplus), we will pay it to ycu unless the
law requires us to pay it to someone else. If money from the
sale is not enough to pay the amount you owe, you must
pay the rest to us. If you do not pay this amount when we
ask, we may charge you interest at the Annual Percentage
Rate shown on page 1 of this contract, not to exceed the
highest rate permitted by law, until you pay.
g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may
contain charges for optional insurance, maintenance,
service, or other contracts. If we demand that you pay all
you owe at once or we repossess the vehicle, you agree
that we may claim benefits under these contracts and
cancel them to obtain refunds of unearned charges to
reduce what you owe or repair the vehicle. If the vehicle is
a total loss because it is confiscated, damaged, or stolen,
we may claim benefits under these contracts and cancel
them to obtain refunds of unearned charges to reduce what
you owe.
f.
4. WARRANTIES SELLER DISCLAIINS
If you do not get a written warranty, and the Seller does 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
warrantiss of merchantabillty or of fitness for a particular
purpose.
This provision does not affect any warranties covering the
vehicle that the vehicle manufacturer may provide. It the Seller
has sold you a certified used vehicle, the warranty of
merchantability is not disclaimed.
6.
Used Car Buyers Guide. The information you see on the
window form for this vehicle is part of this contract.
Information on the window form overrides any contrary
provisions in the contract of sale.
Spanish Translation: Guia para compradores de vehfculos
usados. La informacidn qus ve en el formulario de ls
ventaniila pars cate vehiculo forms parte del presents
contrato. La infonnacion del formulario de la ventanilla deja
sin efecto toda disposicidn en contrarlo contenida en el
contrato de Yenta
6.
SERVICING AND COLLECTION CONTACTS
You agree that we may try to contact you in writing, by e-mail, or
using prerecordedlartificial voice messages, text messages, and
automatic telephone dialing systems, as the law allows. You also
agree that we may try to contact you in these and other ways at
any address or telephone number you provide us, even if the
telephone number is a cell phone number or the contact results in
a charge to you. You agree that you will within a reasonable
time notify us of any change in your name, address, or
employment.
7.
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.
8. 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 in the 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 item contained in your credit
application.
You waive the provisions of Calif. Vehicle Code Section 1808.21 and
authorize the California Department of Motor Vehicles to furnish your
residence address to us.
Seller's Right to Cancel
a. Seller agrees to deliver the vehicle to you on the date this contract
is signed by Seller and you. You understand that it may take some
time for Seller to verify your credit and assign the contract. You
agree that if Seller is unable to assign the contract to any one of the
financial institutions with whom Seller regularly does business
under an assignment acceptable to Seller, Seller may cancel the
contract.
Seller shall give ycu written notice (or in any other manner in which
actual notice is given to you) within 10 days of the date this contract
is signed if Seller elects to cancel. Upon receipt of such notice, you
must immediately return the vehicle to Seller in the same condition
as when sold, reasonable wear and tear excepted. Seller must give
back to you all consideration received by Seller, including any tradein vehicle.
c. If you do not immediately return the vehicle, you shall be liable for
all expenses incurred 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 ths vehicle until the vehicle is returned to Seller.
b.
NOTICE: ANY HOLDER OF THIS CONSUIIIIER CREDIT CONTRACT IS SUBJECT TO ALL CLAIBIS 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 ABIOUNTS PAID BYTHE
DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other
cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor)
may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
KOM Construction Inc. by
Buyer Signs X
1
~~
~
Co-8uysr Signs Xi
LAW 553-CA-AR&sps 7/16 vf
Page 5 of 7Page 16 Notice to buyer: (1) Do not sign this agreement before you read it or if It contains sny blank spaces to be fgled in. (2) You are entitled to a completely filled
in
copy of this agreemenL (3) You can prepay lhe full amount dus under this agreement at any timL (4) If you default in the performance of your obligations
under this agreement, the vehftde may be repossessed and you may be aub)ect to suit and liability for Nte unpaid indebtedness evidenced this agreement.
by
ysu bee a eompbhd conasmlng nds sale, yau shoumby to resabe it wah Se seller.
ar edhmbbynemusrmayberdeeedto ate dly suemey the dlsbicl sawney, or anlnvmdgalor for the parbnent of unior Vehldes, or any oamblnathethereaf.
untslr ordecepnvo pradlces
Aner Ns cashed Ls slwwd ihe seller may ma change the tlnsming or psymenl bourn unless you agree in mung to the change You do not have to
agree to any change, and it ls sn unblr or daeepee practise fm
Ihs saner lo make a unuatwl changrt KOM Conotruouon Inc.
KOM
Cmnphiineooncemlng
~dk
Buyer Signature X
Co.Buyer Signature X
The Annual Percentage 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 COOUNG4FF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION
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vehldecosbtmmuch,
'ate
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GAYE IT TO
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AND YOU WHIE FREE TO TAKE IT AND
~'9/27/2020
simply because You chanfeyour mind, decide the
or wish you had actulred ad Xerent vehlcla Nler yau eidnhekw,
YoumaycnllfcmmellisconlractwBhlheagiasmentoftheseRmorforleEelcause such ssfnmd However CafibrniahmdoesraiuireaseUS
Cwtdnshduhmaoitd(darb?his connect csnceRaon OPBNrmplremmt dace notap(df tothssaleotamuesUNal vehide a
or
ml oghldhmy nlolof vsh'nb suh)sct lo IdsdWCSBN Uadm CahfNIS IN. Bee Ihs vsh'Icls onhacl cslfmUahon ophN sgfsslMt fof dshdfs
KOM Conotruotior'
REIIIEW IT YOU A'CKNOWLEDGE THAT YOU HAVE READ ALL
FARED OF TN CONTRACT, RICLUNG THE AIBIIRA)MH
PROVSON ON PAGE? OF?NB CONIRACT, BEFORE BIGNWG
BSOW YOU CNFIIN THAT YOU RECEIVED ACNFLETELV
FILLEDIH COFT
Nsi yOU WNED IT
09/27/2020 Co-Buyer Signature X
Buyer Signature X
Co.Bu)ers and Other Owners — A co-buyer is a parson who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehide but does not
have tu pay the debt. Tho other owner agrees to ths security interest in ths vehide given to us in this contract.
other Owner Signature X
N/A
Address
N/A
puce
GUARANTY:
To induce us to sell the vshide to Beer each
who signs as a Gnaneter Inddduafy guarantees the payment ol this conhacL If Buyer fails to pay any money owing
contract each Guarantrn must
pay it wlrsn asked. Each Guarantor will be liable br Se intel amount ovinn msn if oesr pusons also sign as Goaranlor snd evsrr if Bayer has a em plots ddmm to Guarantor's demand for reimlesemsrrL Each Guarantor
agrees be Isola aran if we do one m more of the fdbwing: lt) give!he Buyer mare Sms pay one sr more payments, (2) give a kd or pedal release to any other Guarantor (5) rekess any sacuay; (4) accept less from the
Buyer Ihan Ihs tabl amount owing; or (5) olherwiss reach a sstcemsntnoeng to Ibis mnkad or extend the mntracL Each Goaranlor acknovcsdges reed pt of a mmpbtsd copy of this contrad and guaranty at the time of
ugning.
ones
e
b
Guaran!or wdvss noses of acceptance of this Guaranly, relics of Sre Buyer's nonteymenL nmvporiormance, and default; and no5ces of the amount owing at any 5me, and of any demands upon the Buyer.
N/A
N/A
Guarantor X
N/A
N/A
pam
Guarantor X
pats
N/A
Address
Address
pma 09/27/2020
KOM Construction Inc. by
Buyer Signs X
I
N/A
Till
«em~rue
Co-Buyer Signs X
I
LAW 55S-CA-ARB-ops 7/16 vf
Page 6 of 7Page 17 ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1 EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT
OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PAFITICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU hllAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOUDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTSTO AI'PEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER
RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision,
and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of
or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship
(including any such relationship with third parties who do not sign this contract} shall, at your or our election, be resolved by neutral,
binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this
Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual
basis and not as a class action. You expressly waive any right you may have to arbitrate a dass action. You may choose the American
Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.oro), or any other organization to conduct the
arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting
its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing
substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you
reside unless the Seller-Creditor is a party to the daim or dispute, in which case the hearing will be held in the federal district where this
contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up
to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay
may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under
applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under
applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration
provision shali control. Any arbitration under this Arbitration provision shall be governed by the Federal Arbitration Act (9 U.S.C. Ij 1 et.
seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all
parties, subject to any limited right to appeal under the Federal Arbitration Act.
You and we retain the right to seek remedies in small claims court for disputes or daims within that court's jurisdiction, unless such action
is transfened, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such
as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court
having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer
of this contract. If any part of this Arbitration Provision, other than waivere of class action rights, is deemed or found to be unenforceable
for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any
reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
Setthwa~a stmtm
r~tntha~~m JPMOrgan ChaSe Bank, N.A.
E Assigned without recourse
(Assignee) under tha terms cf setters agreemantis) with Assignee.
0 Assigned Nah limited recourse
C3 Assigned with mcourse
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Delivmv Experience Specialist
KOM Construction Inc. bv
Buyer Signs
Signs X
1
Fcfttf NO. 65SCA Attaepa tnw. Tne
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MERE NIE No SNRRFNIM, EEFREas ml MFLNN ES To OOMENT on
FENESS Fon FUSFOSE OF Tais FOINL OONSULTTOUR ONN LESSL OOURSEL
LAtrtr556&A-ARB-eps TI16 ut
Page 7 of 7Page 18 EXHIBIT B
10
12
13
14
15
16
17
19
20
21
22
23
25
26
27
28
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 19 Teals, Inc.
11163 Santa Monica Boulevard
Loe Angelus, CA, US, 90025
Phc(310) 473-8337
Fax: (310) 473.8593
Paid
Invoice
SERVICE DEPARTMENT HOURS
Mon+rl: 8:00 a.rn. - 5:00 p.m
Saturday&unde)a SstdtunrC(aced
10-Nov-2020
04-Nov~g 08:16:38
3000S0001637975
(08-Ncv-2020 04:45:00
BA.R 9 ARD0025528'I
E.P.A.IOS CA(000327124
Pay Type: Basic Vehicle Limited Warranty
0.00
Service Center hourly rats: USD 195.
'Total Perte(USD)
,
0.00
i
Tax
0.00
Total Amount (USD)
0.00
Page 1 of2
iPage 20 Afi
paris are nsw unless otherwise specNed.
You agree that Teals is not responsible for any personal items left in your vehicle; Taste and its
employees may access end operate your venice induding on streets, highways, or public roadways
for ths sole purpose of testing and/or inspscbon of repairs; Tssla and its employees may access,
download and uss the infonnafion stored on your vehicle's data recorder to service and diagnose
issues with your vehide, and Tesla may store and aggregate such data for its own purposes; an
express mechanids lien Is hereby acknowledged on your vehide to secure the amount of repairs,
storage and other applicable fees; the vehids owner's insurance provides exdusive coverage for the
vshide while it is in Testis possession; and you may be charged storage fees of $ 35/day fiom ths
fourth working day afier you are nobTied that repairs on your vehicle are complete and that the
vehicle is ready for pick up.
Taxia disdaims afi express or implied wananties with respect to any repairs or produds used in repairs, except ss may be set forth in your Taxia-issued New or
Used Vehide Limited Warranty, Testa Parts, Body, and Paint Repair Limited Warranty or other extended service agreement. Tesla is not responable for repairs
not performed by, or components not installed by, Tesla
authorize the repair work, induding parts, materials and labor, on my vehicle to be done pursuant to the terms and condiTions as set forth in this service
agreement document.
I
Any parts (including fires/wheels) removed or replaced by Tesla during vehide ssnrice will become the property of Testa. However, st the bme you authorize
repairs, you may request to receive (subject to any applicable core charge, which you agree to psy) or Inspect replaced parle (exduding infistable restraint
system components), except body shop repair parle and parts required to be returned to the manufacturer or a third parly under a warranty, trade-in or
exchange agreement, which will only bs presented to you for examination and not returned.
Signature:
i
Date:
Warning: Motor vehides contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
FullNamet
has the right to have this product serviced or repaired during the warranty period.
The warraniy period will be extended for the number of whole days that the product has been out of the buyer's hands
for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been
fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays
caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the
buyer notiTies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after
a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement
or a refund subject, in either case, tc deduction of a reasonable charge for usage. This time extension does not affect
the protecbons or remedies the buyer has under other laws."
"A buyer of this product in California
You further agree and acknowledge that
Taxia is not responsible for loss or damage to the vehide or any srtides left in the vehide in case of lire, theft, hail, wind, or any other causes beyond
its control;
Tesla and its employees wlfi turn off any photo or video capturing devices, such as dashboanf cameras, once we receive ths vehide in preparation for
service and your vehide's Tesla dash cern wifi be enabled when you pick up your Testa from this Service visit;
Labor charges srs not based solely on adust service personnel's time but are aggregate prices for specific services or repairs, which may indude flat
rates based on industry manuals and vehide condition.
Waste storage and disposal fees are charged separately when applicable to specNc services or repairs, and represent cosls and prolils to Testa
which are calculated based on avenzge annuafizsd costs across Testa service fscifitles;
Items purchased over the counter or online dirscfiy from Testa msy be returned within 30 days with a proof of purchase and must be in their oriernal
snd uninstalled condition with factory labeling attached and in factory packaging (if supplied);
Tesla-branded parts purchased directly from Taxia over-the-counter, online or purchased and inslafied by Testa Service are covered under the Tssla
Parle, Body, and Paint Repair Limited Warmnty for a period of 12 months subJect to ths applicable terms, conditions and exdusions and available st
httpsl/www.testa.corn/support/vs hide-warranty;
Afi charges for repairs, including labor, parts and material furnished, are due and payable simultaneously with the return of your vehids or prior to
return upon the expiration of three (3) waking days sfisr notice has been sent by Teals that the vehicle is ready;
If any repair, storage and other applicable fees remain unpaid for thirty (30) days after a request for payment, Tee la may pursue collection and you will
bs responsible for paying afi reasonable afiomey's fees and costs for such cofisction;
If pmvided a loaner or rental vehide, the vehicle must be returned within 24 hours of such nofificefion or a daily usage rate of up to $ 100 USD and
applicable fees will be charged until the return of such loaner vehids;
Tesla may adJust the esfimatsd completion date upon nobfication to you and is not responsible for any delays caused by the unavailability of parle or
paris shlpltlenls; a/xi
Tesla (and any of its subsidiaries) may contact you via emails, calls, SMS or other messages including through the Tesla app (cofieuively,
"messages') to obtain suthorizs5on and provide updates regarding this service visit and your vehxze. standard sMs message and data rates may
apply. You can withdraw your consent to receive automated SMS messages at any time by replying STOP" or providing written notfilcation to Teslfis
customer representabve.
Page 2 of 2Page 21 Invoice
Testa, Inc.
11163 Santa Monies Boulevard
Los Angeles, CA, US, 90025
SERVICE DEPARTMENT HOURS
Mond"rlt 8:00 a.m. - R00 p.m
Phc(310) 473-8337
Fsx: (31 0) 4730593
Saturdaydtunday: Sat&un:Closed
3000S0001744178
l08-Dec-2020
l
,23-Nov-2020 08:17:34
l04-Deo.2020 05:00:00
2548 Miles
2542 Miles
I
BA.R.8 ARD00255281
I
E.PA.IDIO CAUI00327124
ard
04-Deo.2020 09:29t23
Yvette Esptnoza
Robert Apple
26500 Agoura Road
Caisbsses, CA, 91302
mbeng0komcornbucbon.corn
'.l
'!
+13109259324
j
MODEL Y
2020
8SSB390
[
5YJYGDEESLF054909
Solid Black
Concern: Comments: FR door Jam dent
Symptoms: DOOR TRIM, RH, FR COSIIIIETIC ISSUE / DAMAGE
Concern addressed at Tesla Approved Body shop
Corrosion: Paint - Sublet
Psy Type: Rectificatio
0.0
I
Concsmt Headliner part on the passenger side hae blemish I teer
Re pleoed front headliner due to imperfscfion. Vsrilied fitment
Conectlonr Headliner - Front (Remove and Replace)
Parts Replaced or Added
Quantity
Part
MY, FRONT HL ASt(1 59371 600A)
1.0
Pay Type: Basic Vshide Limited Warranty
0.00
'oncemt
Passenger ade rear outer tail
fight is
loose
VeriTied customer concern. Replaoed RH Rear Reilex Light. Verilisd Proper Opersfion.
Corrsedont Light - RsEex - Rear - RH (Remove 8 Replace)
Parle Replaosd or Added
Part
LAMP ASY, REAR REFLEX, RH(1495818-00-C)
auantlty
1.0
Pay Type: Basic Vehide Limited Warranty
0.00
Page 1 of 3
lPage 22 Concern/ Rear right bumper comer ager adjustment
Adjusted rear right of bumper to rear quarter panel at Teals Approved Body Shop
Symptom image
Correogont Taste Body Repair - Sublet
Pay Type: Basic Vehicle Umilsd Wansnty
0.00
Service Center hourly rate: USD 195
All
Total Parts (USD)
parts ars nsw unless otherwise specified
You agree thab Tesla is not responsible for any personal items left in your vehicle; Taxia and ils
employees may acosss and operate your vehide induding on streets, highways, or public roadways
for ths sole purpose of tesbng and/or inspedion of repaim; Taxia and its employees msy access,
download and use the information stored on your vehide's data recorder to service and diagnose
issues with your vehide, and Tesla may store and aggregate such data for its own purposes; an
exPress mechanic's lien is hereby acknowledged on your vehids to secure the amount of repairs,
storage and other applicable fess; the vahide owners insurance provides exdusive coverage for the
vehide while it is in Teslds possession; and you msy be charged storage fees of $ 35/day from the
fourth working day alter you are notified that repairs on your vehicle are complete and that the
vehids is ready for pick up.
0.00
Subtotal (USD)
0.00
0.00
Tsx
Total Amount (USD)
0.00
Tesla disdaims all express or implied warrsntiss with respect to any repairs or products used in repairs, except as msy be set forth in your Tesla-issued New or
Used Vehicle Limited Warranty, Teals Parts, Body, and Paint Repair Limited Warranty or other extended service agreement. Tesla is not responsible for repairs
not pertcnnsd by, or components not installed by, Tssla
l authorize the repair work, induding parle, materials and labor, on my veh ale to be done pumuant to the terms snd condiTions as set forth in this service
agreement document.
Any parts (induding tires/wheels) removed or replaced by Taste during vshide service will become ths property of Tesle. However, at the time you authonzs
repairs, you may request to receive (subject to sny applicable core charge, which you agree to pay) or inspect replaced parts (excluding inflatable restraint
system components). exospt body shop repair parts and parts required to beCalifornia
returned to ths manufacturer or a thinl party under a warranty, bade-in or
exchange agrsemsnt, which will only be presented to you for examination and not returned.
Signature:
Warning: Motor vehides contain chemicals known to the State of
Date:
to cause cancer and birth defects or other reproductive bann.
Fu() Naute:
Pagegof3Page 23 has the right to have this product serviced or repaired during the warraniy period.
The wananty period will be extended for the number of whole days that the product has been out of the buyer's hands
for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been
fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays
caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the
buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after
a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement
or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect
the protecbons or remedies the buyer has under other laws."
"A buyer of this product in California
Ycu further agree snd acknowledge that
Tesla is not responsible for loss or damage to the vehids or any arfides left in the vehids in case of fire, theft, hail, wind, cr any other causes beyond
its control;
Tesla and its employees will turn olf any photo cr video capturing devices, such as dashboard cameras, once we receive the vehide in preparation for
service snd your vehide's Testa dash cern vnfi be enabled when you pick up your Teals from this Service visit;
Labor charges ars not based solely on actual service personnel's time but are aggregate prices for specific services or repairs, which may include flat
rates based on Indusby manuals and vehicle condition.
Waste storage and disposal fees are charged separately when applicable to specific services or repairs, snd represent costs and prolits to Tests
which srs calculated based on average annualized costs across Testa service fscil ass;
~
Items purchased over the counter or online directly from Tesla may be returned within 30 days with s proof of purchase and must be in their original
and uninstalled condition with fackxy labeling attached snd in factory packaging (if supplied);
Testsutranded parts purchased directly from Tesla over-thecountsr, onfine or purchased and instafisd by Testa Service are covered under the Teals
Parts, Sody, snd Paint Repair Limited Warranty for a period of 12 months subject to the applicable terms, conditions and exdusions and available at
httpsy/www.tesla.corn/support/vehicle-warranty;
~
Afi charges for repairs, induding labor, parts and materials furnished, ars due and payable simultaneously with the return of your vehide or prior Io
return upon the expirabon of three (3) working days sfisr notice hss been sent by Tesla that the vehicle is ready;
If any repair, storage and other applicable fees remain unpaid for thirty (30) days after a request for payment, Tesla may pursue cofiecbon and you will
bs responsible for paying afi reasonable attorney's fees and coals for such collection;
If provided a loaner or rental vehide, the vehide must be returned within 24 hours of such notNcation or a daily usage rats of up to $ 1 00 USD and
applicable fess will be charged until the return of such loaner vehide;
Testa may adjust ths estimated complsfion date upon ncfificafion to you and is not responsible for any delays caused by ths unmmilabfiity of paris or
parle shipments; and
~
Tesla (snd any of its subsidiaries) may contact you via emails, calls, SMS or other messages including through the Teskt app (cofiemlvely,
"messages") to obtain authorizatio and provide updates regan/ing this Service visit and your vehide. Standard SMS message and data rates may
apply. You csn withdraw your consent to receive automated SMs messages at any time by replying "STop" or providing wmtsn notification to Testes
customer representative.
Page 3 of 3Page 24 Teals, jnC.
Invoice
11163 Santa Monica Blvd
Los Angeles, CA, US, 90025
SERVICE DEPARTMENT HOURS
Mana:rl: By appointment Only
Baturday+unday: By appointment Only
Phc(310) 4738337
Fax: (31 0) 473-8593
03-Feb-2021
i 3000S0001972331
f02-Feb-2021 10:54:35
(02-Feb-2021 12:00:00
[4687 Miles
8 A.R.¹ AR D00255281
E.PAID¹ CAL000327124
Paid
~I
/02-Feb-2021 04:53:44
i
Tanya Caauo
Robert Apple
26500 Agoura Road
Cslsbasas, CA, 91 302
robertekomconsbucfian.corn
'3109259324
5YJYGDEE3LF054909
,
~
Coneemt Inspect Front Upper Control Arm To Steering Knuckle Bolts
Torqued LH and RH side of ann to steering knuckle lo apecificafion. No parts replacement needed.
Conacfiont Inspect FUCA To Steering Knuckle Fastenem; Fasten LH And
RH
Sides
Pay Type: Basic Vehicle Limited Warranty
Concern: Check tire pressure and cond/t/on
Tire Pressures aet to Factory Recornmendationa. Inspected tire uaad depth. Verltled Proper Operation.
Tread Depth Measure Type
Tread depth
Front Driver Outer. 5
Front Driver Middle: 5
Front Driver Inner. 5
Front Passenger Outsri 5
Front Passenger Middle/ 5
Front Passenger Inner. 5
Back Driver Outer: 5
Back Driver Middle: 5
Back Driver Inner. 5
Back Passenger Outer 5
Back Passenger Middle; 5
Back Passenger Inner. 5
Tire replacement recommended
No
Tire rotafion recommended
No
Conaction: Check and Adjust Tim Pressure
Consction: Check Tire Tread Depth
Pay Type: Goodwill - Ss
Conaem: Interior trim - customer states: 'A-Frame'illar trim cn passenger side haa been popped out since my last
rvice sppolntmsnt. Service canter told me to request a mobile mpair.
iagnosed and Performed Medium Interior Component/Trim/Seal Adjustment. Verified Proper Operation.
3
Page
1
of 3Page 25 Conedlon: Interior Component/rrim/Seal Adjustment - Medium
Pay Type: Goodwill - Service
Concern: Interior trim - customer states A-Frame" pillar trim on passenger side has been popped out since my last
service appointment. Sen/ice canter told me to request s mobile repair.
Diagnosed and Perlbrmed Medium Interior Component/Trim/Saul Adjuslmsnt. Verified Proper Operation.
Carreatlon: Remote Diagnosis
Pay Type: Goodwill - Remote Support
0.00
Service Center hourly rats: USD 105.
Afi
parle are new unless otherwise specNed.
i
!
Yau agree that Taste ls not responsible for any personal items left in your vehicle; Testa and its
employees may access and opemte your vehids inaluding on streets, highways, or public roadways
for the sole purpose of testing and/or inspecbon of repairs; Tssla and its employees may access,
download and uss ths information stored on your vehids's data recorder to service and diagnose
issues with your vehide, and Tesla may store and aggregate such data for its own purposes; an
express mechanic's lien is hereby sdcmwiedgsd on your vehicle to secure the amount of repairs,
slarage and other applicable fees; the vshide awneris insurance provides exdusive coverage for the
vshide while it is in Tsslds possession; and you may be charged storage fees of $ 35/day from the
fourth woridng day afier you ars notNed that repairs on your vshide are complete and that the
vshide is ready for pick up.
I
;
Total Parle (USD)
Total Labor (USD)
Discount
Subtotal (USD)
Tax
Total Amount (USD)
Tesla disclaims all express or implied warranties wkh respect to any repairs or produds used in repairs, except as may be set forth in yaur Tasle-issued New ar
Used Vehicle Limited Wananty, Taste Parts, Bady, and Paint Repair Limited Warranty or other extended service agreement. Testa is nat responsible for repairs
not performed by, or components not instafied by, Teste
authorize ths repair work, including parle, materials and labor, on my vehicle to be done pursuant to the terms and condgons as set forth in this service
agreement document.
I
authorize
Any parle (including tires/wheels) nnnoved or replaced by Tesla during vehids service will become the praperty of Tesla. However, at the time yau
repairs, you may request to receive (subject to any applicable cora charge, which you agree to psy) or inspect replaced parts (exdudlng inflatable resbaint
system components), except body shop repair parle and parts required to be returned to the manufacturer or s third party under a warranty, trade-in or
exchange agreement, which will only be presented to you for examina5on and not returned.
Signature:
Date:
birth defeds or other rsproduckve harm.
Warning: Motor vehides contain chemicals known to the State of California to cause cancer end
Fu)INStne:
Page 2 of 3Page 26 vA buyer of this product in California has the right to have this product serviced or repaired duriing the warranty period.
The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands
for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been
fixed. The warranty period will also be extended if ths warranty repairs have not been performed due to delays
caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the
buyer notiiies the manufacturer or seller of the failure of ths repairs within 60 days after they were completed. If, after
a reasonable number of attempts, the defect has not been gxed, the buyer may return this product for a replacement
or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect
the protections or remedies the buyer has under other laws."
You further agree and acknowledge that
Teals is not responsible for loss or damage to the vehide or sny arbdes left in the vshide in case of fire, theft, hail, wind, or any other causes beyond
its control;
Tesla snd its employees will turn olf any photo or video capturing devices, such as dashboani cameras, once ws receive the vehide in preparation for
service and your vehide's Testa dash cern will be enabled when you pike up your Teals from this Service visit;
~
Labor charges are not based solely on actual senrice personnel's time but are egg%gate prices for specilic services or repairs, which may include fiat
rates based on industry manuals and vehicle condaon.
Waste storage and dispcwal fees are charged separately when applicabls to specilic servikws or repairs, and represent costs and profits to Tesla
which are calculated based on average annuafized costs across Testa senrics facilities;
items purchased over the counter or online direcfiy from Testa may be returned within 30 days with e proof of pumhass end must be in their original
and uninstalled condition with factory labeling attached and in factory packaging (if supplied);
Teals-brsnded parts purchased directly from Testa over-the4xtunter, online or purchased and installed by Tesla Service are covered under ths Tesla
Parts, Body, and Paint Repair Limited Warranty for a psrtod of 12 months subject to the sppficsble terms, conditions and sxtriusions snd available at
httpsi/www.testa.convsupportivehide4rarranty;
Afi charges for repaim, induding labor, parle and materials furnished, are due and payable simultaneously with the /stum of your vehids or prior to
return upon the expiration of three (3) working days afiar notice has been sent by Testa that the vehide is ready;
If any repair, slomge and other applicabls fees remain unpaid for thirty (30) days atter a request for payment, Taste may pursue collection and you will
be responsible for paying afi reasonable attorney's fees and costs for such ccfieuion;
If provided a loaner or rental vehide, the vehkrie must be returned within 24 houm of such notilication or s daily usage rate of up to $ 1 00 USD and
applicable fess wifi be charged until ths return of such loaner vshide;
Tesla may adjust the esbmated completion date upon nobalcation to you and is not responsible for sny delays caused by ths unavailability of parts or
parts shipments; and
Tesla (and sny of its subsidiaries) may contact you vis smefis, calls, SMS or other messages including through the Testa app (cofiecbvely,
"messages") to oblaln authortzafion and provide updates regarding this Service visit and your vshitfe. Standard SMS message and dale rates may
apply. You csn withdraw your consent to receive automated SMS messages at any time by replying "STOP" or providing written notificslion to Tsslris
customer representative.
Page 3 of 3Page 27 Invoice
Tesla, Inc
11163 Santa Monica Boulevard
Los Angeles,CA,US 90025
Phz (310) 473-8337
SERVICE DEPARTMENT HOURS I18-May-2021
'3000S0002432924
Mon-Fn 8:00 a.m. - Ibaa p.m
Saturday Sunday Sat SunClosed
aAR.¹ Anne))265281
E.RA)Dll Catcoc327124
Paid
l11May202113)44)05 13-May 2021 14 00 00
9373 Miles
f9370 Miles
I
13-May-2021 13:01:59
~~ISHMSI
i YVette Espinoza
Robed Apple
1540 Vine street Los Angeles Ca 90028
Hollywood, CA 90028
robert@komconstruction.corn
I
+13109259324
SYJYGDEE3LF054909
f
2020
f
Solid Black
MODEL Y f8SSB390
f
Concern: Comments: Dent on lift gate Symptoms: Liftgate DENT
Concern address at Tesla Approved Body shop
Correction: Tesla Body Repair - Sublet
Pay Type: Rectilication
0.00
Concern: Door handles & latches - customer states: doors have an overbite
)r
Concern addressed at Tesla approved body shop
Correction: Tesla Body Repair - Sublet
Pay Type: Goodwill - Service
a.oo
Concern: Customer states the alarm goes off without reason
Concern was not present while vehicle in service. Customer to monitor vehide, and provide accurate
time stamp. No further diagnosis needed at this time
Correction: Remote Diagnosis
Pay Type: Basic Vehicle Limited Warranty
o.oa
f
Concern: Check tire pressure and condition
a.ao
Verified customer concern. Tire Pressures set to Factory Recommendations. Inspected tire tread
depth. Maintenance Performed: Windshield Washer Fluid - Top Off. VeriTied Proper Operation.
Tread Depth Measure Type
mm
Tread depth
Front Driver Outer. 8
1
of3Page 28 j
Front Driver Middle: 8
Front Driver Inner: 8
Front Passenger Outer: 8
Front Passenger Middle: 8
Front Passenger Inner: 8
Back Driver Outer: 8
Back Driver Middle: 8
Back Driver Inner: 8
Back Passenger Outer: 8
Back Passenger Middle: 8
Back Passenger Inner. 8
Tire replacement recommended
No
Tire rotation recommended
No
Correction: Check and Adjust Tire Pressure
Correction: Check Ytre Tread Depth
Correcdon: llNndshield Washer Fluid - Top Off
Pay Type: Goodwill - Service
Service Center hourly rate: USO 0
All
parts are new unless otherwise specified.
Total Paris (USD)
O.OO
]Total Labor (USD)
Discount
)
O.aO
j
agree that: Tesla is not responsible for any personal items left in your vehicle; Tesla
and its employees may access and operate your vehicle induding on streets, highways, or
public roadways for the sole purpose of testing and/or inspection of repairs; Tesla and its
employees may access, download and use the information stored on your vehicle's data
recorder to service and diagnose issues with your vehide, and Tesla may store and
aggregate such data for its own purposes; an express mechanic's lien is hereby
acknowledged on your vehide to secure the amount of repairs, storage and other
applicable fees; the vehicle owner's insurance provides exclusive coverage for the vehide
while it is in Tesla's possession; and you may be charged storage fees of 835/day from the
fourth working day after you are notified that repairs on your vehicle are complete and that
the vehicle is ready for pick up.
You
I
Subtobd (USD)
a.ao
O.ac
0.00
Total
Amount
(US D) 0.00
j
0
iTotai Paid (USD)
Payment Due (USD) 0.00
i
Tesla disclaims afi express or implied warranties with respect to any repairs or products used in repairs, except as may be set forth in your
Tesla-issued New or Used Vehicle Limited Warranty, Tesla Parts, Body, and Paint Repair Limited Warranty or other extended service
agreement. Tesla is not responsible for repairs not performed by, or components not installed by, Tesla. Any parts gnduding tires/wheels)
removed or replaced by Tesla during vehide senrice will become the property of Tesla. However, at the time you authorize repairs, you may
request to receive (subject to any applicable core charge, which you agree to pay) or inspect replaced parts (exduding inflatable restraint
system components), except body shop repair parts and parts required to be returned to the manufacturer or a third party under a warranty,
trade-in or exchange agreement, which will only be presented to you for examination and not returned.
california
authorize the repair work, intfiuding parts, materials and labor, on my vehide to be done pursuant to the terms and conditions as set forth
this senrice agreement document.
I
in
Signature:
warning: Motor vehides contain chemicals imown to the sate oi
to cause cancer and birth detects or other reproductive harm.
FuIIName:
of 3Page 29 A buyer of this product in California has the right to have this product serviced or repaired during the warranty period. The warranty
period will be extended for the number of whole days that the product has been out of the buyers hands for warranty repairs. If a defect
exists within the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended
if the warranty repairs have not been performed due to delays caused by circumslances beyond the control of the buyer, or if the
warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days
after they were completed. If, after a reasonable number of anempts, the defect has not been fixed, the buyer may return this product
for a replacement or a refund subject, in either case, to deducfion of a reasonable charge for usage. This time extension does not affect
the protecfions or remedies the buyer hes under other laws.
You further agree and acknowledge that:
~
~
~
~
~
~
~
~
~
~
~
~
~
Testa is nat responsible for loss or damage to the vehicle or any articles left in the vehicle in case of fire, theft, hail, wind, or any
other causes beyond its control;
Tesla personnel will turn off any photo or video capturing devices, such as dashboard cameras, once they receive the vehicle in
preparation for senriice and your vehide's Tesla dash cern will be enabled when you pick up your Tesla from this Service visit;
Labor charges are not based solely on actual service personnel's time but are aggregate prices far specific services or repairs,
which may indude flat rates based on industry manuals and vehide condition;
Waste storage and disposal fees are charged separately when applicable to specific services or repairs, and represent costs and
profits to Tesla which are calculated based on average annualized costs across Tesla service facilities;
Items purchased over the counter ar online directly from Tesla may be returned within 30 days with a proof of purchase and must be.
in their original and uninstalled condition with factory labeling attached and in factory packaging (if supplied);
Tesla-branded parts purchased directly from Tesla over-the-counter, online or purchased and installed by Tesla Service are covered
under the Tesla parts, Body, and paint Reptrir Limited Warranty for a period of 12 months subject to the applicable terms, conditions
and exdusions and available at https://www testa.corn/support/vehide-warranty;
Afi charges for repairs, including labor, parts and materials furnished, are due and payable simultaneously with the return of your
vehide or prior to return upon the expiration of three (3) working days after notice has been sent by Tesla that the vehicle is ready;
If applicable, you have the right to choose the licensed repair shop where the damage lo your vehicle will be repaired;
All crash parts supplied meet the standards used in manufacturing the original eputpment replaced;
lf any repair, storage and other applicable fees remain unpaid for thirty (30) days after a request for payment, Tesla may pursue
collection and you will be responsible for paying afi reasonable attorney's fees and costs for such collection;
If provided a loaner or rental vehicle, the vehicle must be returned within 24 hours of such notificatio or a daily usage rate of up ta
$100 USD and applicable fees will be charged until the return of such loaner vehicle;
The repair work may not be completed prior to the date and time noted under Date/lime promised and Tesla may adjust the
estimated completion date upon notification to you and is not responsible for any delays caused by the unavailability of parts or pans
shipments; and
Tesla (and any of its subsidiaries) may contact you via emails, calls, SMS or other messages induding through the Tesla app
(collectively, "messages") to obtain authorization and provide updates regarding this Senriice visit and your vehide. Standard SMS
message and data rates may apply. You can withdraw your consent to receive automated SMS messages at any time by replying
"STOP" or providing written notNcation to Tesia's customer representative.
of 3Page 30 EXHIBIT C
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16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS'OMPLAINT FOR DAMAGESPage 31 THE BEOGLYAN LAW FIRM
Central Ave., 17'" Floor
Glendale, CA 91203
655 N.
Tel 818.280.8232
Fax 818.484.2303
May 28, 2021
VIA CERTIFIED U.S. MAIL. RETURN RECEIPT REQUESTED
Tcsla Motors, blc.
3500 Deer Creek Road
Palo Alto, CA 94304
Re:
Client Name:
Vehicle:
VIN:
Our File No.:
Robert Apple; ROM Construction Inc.
2020 M 'I Y
5YJYGD 3LF054909
LL21052 -0039
Dear Sir or Madam:
Please be advised that this ofilce represents the above-named client reyuding claims
Warranty Act
against Tesla Motors, Iuc. pursuant to the California Song-Beverly Consumer
Act (15 U.S.C.
Wammty
Maguusou-Moss
(California Civil Code ti 1790 et seq.) aud the Federal
to the above-referenced vehicle. Please direct all future contacts aud
$ 2301 et sell.) with regard
conespoudences to our once as such.
Havina been formallv notified of our renresentation. vou are instracted not to
contact our dient under anv circumstances. Please direct all fature inouiries and
communications to this office. If vou fail to act in eonformitv with this directive. iniunctive
relief will be souuht auainst vou.
Pursuant to California Civil Code g 1794 idl and/or 15 U.S.C. 8 231gtdX21. vou are
herebv notified that anv settlement made with our client reauires navment of our
attornev's fees and costs. In addition. vou are herebv notified of our attornevs'ien.
There are uumexous defects aud uon-conformities exhibited by my client's automobile
unsuccessful.
for which relief is sought, and numerous attempts to repair the vehicle have been
These defects aud non-conformities include, but are not limited to:
1. Defective doors — over 4 fidled repair attempts;Page 32 2. Defective rear bumper — over 2 failed repair attempts;
3. Defective rear tail — over 2 failed repair attempts;
4. Defective headliner;
5. Defective steering knuckle;
6. Defective lifl gate; and
7. Any additional complaints by or on behalf of my client, whether or not they are
contained in your company*s records or on any repair orders.
The defects and non-conformities listed above constitute a substantial impairment of the
use, value and safety of the vehicle. Despite numerous attempts to repair the defects involving
the body of the vehicle and over thirty-four (34) cumulative days out of service for repairs prior
to reaching ten thousand (10,000) miles on the odometer, the vehicle remains defective. As
evident by the repair history, my client has been most patient and accommodating with respect to
the constant and continuing defects exhibited by the vehicle. Therefore, there has been a fiuiure
and refusal to conform the pmduct to its expressed and implied warranties under the law.
Because of these defects and non-conformities, my client has justifiably lost confidence in the
vehicle, and has therefore limited its use. When my client purchased a brand new Tesla Model
Y, he did not expect to receive a defective vehicle.
In light of the defective condition of the vehicle as described above, you are hereby
notified that my client is revoking acceptance of this vehicle. To avoid litigation, my client
hereby demands the cancellation of the contracts, a refund for the defective vehicle,
compensation for any and all incidental and consequential damages, and payment of our
attorney's fees and costs purstumt to the fee-shifting provisions. of the Song-Beverly Consumer
mllllTllsl1 at
Warranty Act and/or Federal Magnuson-Moss Warranty Act. Our attorney's fees aze
this stage and an early resolution of this matter would be most efficient and beneficial to all
parties. In the alternative of litigation, we will be seeking any and sll actual damages, in addition
to a civil penalty of twice the amount of actual damages, attorney*s fees and costs, and any other
relief the court deems proper.
Accordingly, if you wish to resolve this matter efficiently and amicably, please feel flee
to contact my office. If you prefer to do so, you may also contact me via e-mail at
Mausie(RBeoalvanLaw.corn. If the matter has not been resolved within thirty (30) days &om the
date of this correspondence, we will have no choice but to proceed with litigation.
Please note that due to the progression of coronavirus (COVID-19), our finn has
closed our physical office until further notice. Nevertheless, we still have access to e-mail
and are reachable by telephone, so we encourage communication with us by such means
and discourage communication by maiL
Enclosures: Repair records for the subject vehicle.Page 33 nl: are.aRWV,re=
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PDF Page 1
PlainSite Cover Page
PDF Page 2
21SMCV01255
Assigned for all purposes to: Santa Monica Courthouse, Judicial Officer: Mark Young
Electronically FILED by Superior Court of California, County of Los Angeles on 07/26/2021 01:14 PM Sherri R. Carter, Executive Officer/Clerk of Court, by V. Yonker,Deputy Clerk
2
3
THE BEOGLYAN LAW FIRM
MARGARITA N. BEOGLYAN, SBN 290399
655 N. Central Avenue, 17" Floor
Glendale, California 91203
Telephone Number:
(818) 280-8232
Facsimile Number:
(818) 484-2303
4
Attorney for Plaintiffs„
5
ROBERTAPPLE
KOM CONSTRUCTION INC.
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
12
13
14
15
16
17
18
19
) Case No.:
)
)
) PLAINTIFFS'OMPLAINT FOR DAMAGES
Plaintiffs,
)
)
vs.
)
)
TESLA, INC. WHICH WILL DO
)
BUSINESS IN CALIFORNIA AS TESLA
)
MOTORS, INC., a Delaware corporation; and )
DOES I through 30, inclusive,
)
)
Defendants.
)
ROBERT APPLE, an individual, and KOM
CONSTRUCTION INC., a California
corporation,
)
)
)
20
21
22
23
COMPLAINT
24
NOW COME the Plaintiffs, ROBERT APPLE, an individual, and KOM CONSTRUCTION
25
INC., a California corporation, by and through Plaintiffs'ttorney, Margarita N. Beoglyan of The
26
Beoglyan Law Firm, with Plaintiffs'omplaint for Damages against Defendants, TESLA, INC.
27
WHICH WILL DO BUSINESS IN CALIFORNIA AS TESLA MOTORS, INC., a Delaware
28
corporation; and DOES I through 30, inclusive, allege and affirmatively state as follows:
PLAINTIFFS'OMPLAINT FOR DAMAGES
PDF Page 3
PARTIES
2
1.
Plaintiff, ROBERT APPLE, is and was at all times relevant herein an individual residing in
Orange County, State of California. Plaintiff, KOM CONSTRUCTION INC., is and was at all times
4
relevant herein a California corporation with its primary place of business in the State of California,
5
Plaintiffs, ROBERT APPLE and KOM CONSTRUCTION INC. (collectively "Plaintiffs") purchased
6
the Subject Vehicle in the State of California.
7
2.
Defendant, TESLA, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TESLA
8
MOTORS, INC. ("Manufacturer*'), is and was at all times relevant herein a Delaware corporation
9
authorized to do business in the State of California and is engaged in the manufacture, sale, and
Io
distribution of motor vehicles and related equipment and services. Manufacturer is also in the business
of marketing, supplying and selling written warranties to the public at large through a system of
12
authorized dealerships, including TESLA MOTORS INC. (" Seller"), in Fremont, California.
13
Manufacturer does business in all counties of the State of California.
BACKGROUND
14
15
3.
On or about September 27, 2020, Plaintiffs purchased from Seller for valuable consideration
16
a new 2020 Tesla Model Y, manufactured by Manufacturer and bearing the Vehicle Identification No.
17
5YJYGDEE3LF054909 (" Subject Vehicle" ). (A true and correct copy of
I II
attached hereto and marked as Exhibit "A")
19
20
21
4.
Plaintiffs'ale Contract
is
The price of the Subject Vehicle, including sales tax, registration charges, document fees and
other collateral charges, such as bank and finance charges, totaled $ 74,524.08.
5.
In consideration for the purchase of the Subject Vehicle, Manufacturer issued and supplied to
22
Plaintiffs several written warranties, including a four (4) years or fifty thousand (50,000) miles basic
23
and eight (8) years or one hundred twenty thousand (120,000) miles powertrain factory warranties, as
24
well as other stated warranties fully outlined in the Manufacturer's Warranty Booklet.
25
6.
On or about September 27, 2020, Plaintiffs took possession of the Subject Vehicle and
26
shortly thereafter experienced the various defects listed below that substantially impair the use, value
27
and safety of the Subject Vehicle.
7.
The defects listed below violate the express written warranties issued to Plaintiffs by
-2-
PLAINTIFFS'OMPLAINT FOR DAMAGES
PDF Page 4
1
Manufacturer, as well as the implied warranty of merchantability.
8.
2
3
Plaintiffs brought the Subject Vehicle to Seller and/or other authorized service dealers of
Manufacturer for various defects, including, but not limited to the following:
4
a.
Defective doors — over 4 failed repair attempts;
5
b.
Defective rear bumper — over 2 failed repair attempts;
6
c.
Defective rear tail — over 2 failed repair attempts;
7
d.
Defective headliner;
8
e.
Defective steering knuckle;
9
f.
Defective lift gate; and
10
g.
Any additional complaints made by Plaintiffs, whether or not they are contained in
11
Manufacturer's records or on any repair orders.
9.
12
Plaintiffs provided Manufacturer through Seller and/or other authorized dealers of
13
Manufacturer sufficient opportunities to repair the Subject Vehicle. (A true and correct copy of the
14
Subject Vehicle's repair records is attached hereto and marked as Exhibit "B")
15
16
17
10.
Manufacturer, through its authorized dealers was unable and/or failed to repair the defective
doors of the Subject Vehicle despite having over four (4) opportunities to do so.
1
l. Manufacturer, through its authorized dealers was unable and/or failed to repair the non-
18
conformities of the Subject Vehicle despite it being out of service by reason of repairs for a cumulative
19
total of over thirty-four (34) calendar days prior to reaching 10,000 miles on the odometer.
20
21
22
23
24
25
26
27
28
12.
Plaintiffs justifiably lost confidence in the Subject Vehicle's reliability and said defects have
substantially impaired the use, value, and/or safety of the Subject Vehicle to Plaintiffs.
13.
Said defects could have not been discovered by Plaintiffs prior to Plaintiffs'cceptance of
the Subject Vehicle.
14.
As a result of said defects, Plaintiffs revoked acceptance of the Subject Vehicle in writing on
May 28, 2021. (A true and correct copy of said letter is attached hereto and market Exhibit "C")
15.
At the time of revocation, the Subject Vehicle was in substantially the same condition as at
delivery except for damage caused by its own defects and ordinary wear and tear.
16.
To-date Manufacturer has failed to accept Plaintiffs'emand for revocation and has refused
-3-
PLAINTIFFS'OMPLAINT FOR DAMAGES
PDF Page 5
to provide Plaintiffs with the remedies Plaintiffs is entitled upon revocation.
17.
2
3
exhibit the above mentioned defects that substantially impair its use, value and/or safety.
18.
4
5
The Subject Vehicle remains in a defective and un-merchantable condition, and continues to
Plaintiffs have and will continue to be financially damaged due to Manufacturer's failure to
comply with the provisions of its express and implied warranties.
FIRST CAUSE OF ACTION
6
BREACH OF WRITTEN
7
PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT
8
19.
9
10
11
W~TY
18
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
1
through
of Plaintiffs'omplaint for Damages.
20. Plaintiffs are purchasers of a consumer product who received the Subject Vehicle during the
12
duration of a written warranty period as defined in 15 U.S.C.
13
Vehicle and who are entitled by the terms of the written warranty to enforce against Manufacturer the
14
obligations of said warranty.
15
16
17
18
19
20
$
2301(6) applicable to the Subject
21. Manufacturer is a business entity engaged in the business of making a consumer product
directly available to Plaintiffs.
22.
Seller is an authorized dealership/agent of Manufacturer designed to perform repairs on
vehicles under Manufacturer's automobile warranties.
23.
The Magnuson-Moss Warranty Act, 15 U.S.C. f 2301 et seq. (" Warranty Act") is applicable
to Plaintiffs'omplaint in that the Subject Vehicle was manufactured, sold and purchased after July 4,
1975, and costs in excess of ten dollars ($ 10.00).
22
24.
Plaintiffs'urchase of the Subject Vehicle was accompanied by written factory warranties
23
for any non-conformities or defects in materials or workmanship, comprising an undertaking in writing
24
in connection with the purchase of the Subject Vehicle to repair the Subject Vehicle or take other
25
remedial action free of charge to Plaintiffs with respect to the Subject Vehicle in the event that the
26
Subject Vehicle failed to meet the specifications set forth in said undertaking.
27
28
25.
Said warranties were the basis of the bargain of the contract between the Plaintiffs and
Manufacturer for the purchase of the Subject Vehicle to Plaintiffs by and through the Seller.
PLAINTIFFS'OMPLAINT FOR DAMAGES
PDF Page 6
1
2
3
4
26.
Said purchase of Plaintiffs'ubject Vehicle was induced by, and Plaintiffs relied upon, these
written warranties.
27.
Plaintiffs have met all of Plaintiffs'bligations and preconditions as provided in the written
warranties.
5
28.
Manufacturer's tender of the Subject Vehicle was substantially impaired to Plaintiffs,
6
29.
Manufacturer's tender of the Subject Vehicle, which was substantially impaired to Plaintiffs,
7
8
constitutes a violation of 15 U.S.C.
30.
$
2301 et seq.
As a direct and proximate result of Manufacturer's failure to comply with its express written
warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C.
10
$
2310(d), Plaintiffs are
entitled to bring suit for such damages and other equitable relief.
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
12
a.
Refund of all monies paid for the Subject Vehicle pursuant to 15 U.S.C.
13
b.
Refund of all incidental and consequential damages incurred pursuant to 15 U.S.C.
14
2304(a)(3);
15
c.
16
d.
2304(a)(4);
$
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to 15 U.S.C.
17
$
$
2310(d)(2); and
Such other and further relief that the Court deems just and appropriate.
SECOND CAUSE OF ACTION
19
BREACH OF IMPLIED WARRANTY
20
PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT
21
22
23
31.
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
32.
The Subject Vehicle purchased by Plaintiffs was subject to an implied warranty of
merchantability as defined in 15 U.S.C.
25
consumer, Plaintiffs herein.
27
28
through
30 of Plaintiffs'omplaint for Damages.
24
26
1
33.
(j
2301(7) running from the Manufacturer to the intended
Manufacturer is a supplier of consumer goods as a business entity engaged in the business of
making a consumer product directly available to Plaintiffs.
34.
Pursuant to 15 U.S.C.
$
2308(a), Manufacturer is prohibited from disclaiming or modifying
-5-
PLAINTIFFS'OMPLAINT FOR DAMAGES
PDF Page 7
any implied warranty when making a written warranty to the consumer or when Manufacturer has
2
entered into a contract in writing within ninety (90) days of purchase to perform services relating to the
3
maintenance or repair of a motor vehicle.
4
35.
Plaintiffs'ubject Vehicle was impliedly warranted to be substantially free of defects and
6
non-conformities in both material and workmanship, and thereby fit for the ordinary purpose for which
6
the Subject Vehicle was intended.
7
The Subject Vehicle was warranted to pass without objection in the trade under the contract
36.
8
description, and was required to conform to the descriptions of the vehicle contained in the contracts
9
and labels.
10
11
12
13
14
37.
The above described defects in the Subject Vehicle render the Subject Vehicle unfit for the
ordinary and essential purpose for which the Subject Vehicle was intended.
38.
Manufacturer's tender of the Subject Vehicle, which was substantially impaired to Plaintiffs,
constitutes a violation of 15 U.S.C.
$
2301 et seq.
39. As a direct and proximate result of Manufacturer's failure to comply with its implied
15
warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C.
16
entitled to bring suit for such damages and other equitable relief.
17
g
2310(d), Plaintiffs are
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
a.
Refund of all monies paid for the Subject Vehicle pursuant to 15 U.S.C.
19
b.
Refund of all incidental and consequential damages incurred pursuant to 15 U.S.C.
20
2304(a)(3);
21
c.
22
23
$
tj
2310(d)(2); and
Such other and further relief that the Court deems just and appropriate.
24
THIRD CAUSE OF ACTION
25
BREACH OF WRITTEN WARRANTY
26
PURSUANT TO THE SONG-BEVERLY CONSUMER
27
WARRANTY ACT
28
2304(a)(4);
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to 15 U.S.C.
d.
tj
40. Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
-6-
PLAINTIFFS'OMPLAINT FOR DAMAGES
1
through
PDF Page 8
I
2
39 of Plaintiffs'omplaint for Damages.
41.
Pursuant to Cal. Civ. Code
$
1793.2(c), Plaintiffs have delivered the Subject Vehicle to the
3
Manufacturer's service and repair facilities within this state and/or other authorized service dealers of
4
Manufacturer within the terms of protection and have tendered the Subject Vehicle for repairs of the
5
above-mentioned defects that substantially affect the use, value and safely of the Subject Vehicle.
6
7
8
42.
Manufacturer, through its service and repair facilities and/or other authorized dealership has
been unable to repair the said defects within a reasonable number of attempts.
43.
Pursuant to Cal. Civ. Code
tj
1793.2(d), Plaintiffs are entitled to a refund of the full purchase
9
price of the Subject Vehicle, including all collateral charges such as sales tax, license fees, regisnution
10
fees, and other official fees, plus any incidental damages including, but not limited to, reasonable
11
repair, towing, and rental car costs actually incurred by Plaintiffs.
12
13
14
15
44.
Pursuant to Cal. Civ. Code
$
1794, Plaintiffs are entitled to recover a sum equal to the
aggregate amount of costs and expenses, including attorney's fees reasonably incurred.
45.
Manufacturer has willfully violated the provisions of this act by knowing of its obligations to
refund or replace Plaintiffs* Subject Vehicle, but failing to fulfill them.
16
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
17
a.
Is
incidental damages pursuant to Cal. Civ. Code
b.
19
20
c.
g
1793.2(d);
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to Cal. Civ. Code
21
22
Refund of all monies paid for the Subject Vehicle including all collateral charges and
$
1794;
A civil penalty not to exceed two times the amount of actual damages pursuant to Cal.
Civ. Code $ 1794(c); and
d.
23
Such other and further relief that the Court deems just and appropriate.
24
FOURTH CAUSE OF ACTION
25
BREACH OF IMPLIED WARRANTY
PURSUANT TO THE SONG-BEVERLY CONSUMER
WARRANTY ACT
27
46.
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
-7-
PLAINTIFFS'OMPLAINT FOR DAMAGES
1
through
PDF Page 9
I
2
45
of Plaintiffs'omplaint for Damages.
The Subject Vehicle purchased by Plaintiffs was subject to an implied warranty of
47.
3
merchantability as defined in Cal Civ. Code.
4
intended consumer, Plaintiffs herein.
5
6
7
8
9
10
11
$ 1790
et seq. running fiom the Manufacturer to the
Manufacturer is a supplier of consumer goods as a business entity engaged in the business of
48.
making a consumer product directly available to Plaintiffs.
Manufacturer is prohibited I'rom disclaiming or modifying any implied warranty under Cal.
49.
Civ. Code $ 1790 et seq.
Pursuant to Cal. Civ. Code
50.
$ 1790
et seq.,
Plaintiffs'ubject Vehicle was impliedly
warranted to be fit for the ordinary use or which the Subject Vehicle was intended.
The Subject Vehicle was warranted to pass without objection in the trade under the contract
51.
12
description, and was required to conform to the descriptions of the vehicle contained in the contracts
13
and labels.
14
15
16
17
52.
The above described defects in the Subject Vehicle caused it to fail to possess the most basic
degree of fitness for ordinary use.
53.
As a result of the breach of implied warranty by Manufacturer, Plaintiffs have suffered and
continue to suffer various damages.
18
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
19
a.
2o
incidental damages pursuant to Cal. Civ. Code
b.
21
22
c.
(j
1793.2(d);
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred pursuant to Cal. Civ. Code
23
24
Refund of all monies paid for the Subject Vehicle including all collateral charges and
$
1794;
A civil penalty not to exceed two times the amount of actual damages pursuant to Cal.
Civ. Code g 1794(c); and
d.
25
Such other and further relief that the Court deems just and appropriate.
26
FIFTH CAUSE OF ACTION
27
NEGLIGENT MANUFACTURE BY MANUFACTURER
28
54.
Plaintiffs re-allege and incorporate by reference as fully set forth herein paragraphs
-8-
PLAINTIFFS'OMPLAINT FOR DAMAGES
1
through
PDF Page 10
I
53
of Plaintiffs'omplaint for Damages.
2
55.
On or about September 27, 2020, Plaintiffs purchased the Subject Vehicle from Seller.
3
56.
The Manufacturer and Seller, manufacture, distribute, and sell the aforementioned Subject
4
Vehicle vehicles, expecting these vehicles to reach consumers in the condition in which they are sold
5
and knowing, or with reason to know, that the vehicles will be used without inspection for defects.
6
7
8
9
10
11
57.
At the time of the purchase, the Subject Vehicle suffered from the aforementioned defects.
The said defects were not observable by the Plaintiffs at the time of purchase.
58.
Manufacturer, through its service and repair facilities and/or other authorized dealership have
been unable to repair the said defects within a reasonable number of attempts.
59.
As a direct and proximate result of Manufacturer's negligent manufacture of the Subject
Vehicle, Plaintiffs have suffered damages for which relief is sought herein.
12
WHEREFORE, Plaintiffs pray for judgment against Manufacturer as follows:
13
a.
14
incidental damages;
15
b.
16
17
Refund of all monies paid for the Subject Vehicle including all collateral charges and
Recovery for all reasonable attorney's fees and the aggregate amount of costs
reasonably incurred; and
c.
Such other and further relief that the Court deems just and appropriate.
18
PLAINTIFFS HEREBY REQUEST A JURY TRIAL IN THIS MATTER
19
Dated this 23'ay of July, 2021
20
21
THE BEOGLYAN LAW FIRM
655 N. Central Avenue, 17" Floor
Glendale, CA 91203
22
23
By
24
25
26
Attorney for Plaintiffs
ROBERTAPPLE
KOM CONSTRUCTION INC.
27
28
-9-
PLAINTIFFS'OMPLAINT FOR DAMAGES
I~ 553-CA-ARB-cps
TI1 6
RETAIL INSTALLI(SENT SALE CONTRACT — SIMPLE FINANCE CHARGE (tjt/ITH ARBITRATION PROVISION)
Seller-Creditor (Name and Address)
Testa Motors Inc.
Co-Buyer Name and Address
(Induding County and Zip Code)
Buyer Name and Address
(Including County and Zip Code)
Robert Apple
KOM Construction Inc.
45500 Fremont Blvd.
Fremont, CA 94538
1131 back bay drive
Newport beach, CA 92860
26500 Agoura Road
Calabasas, CA 91302
Stock Number
R.O.S. Number
Contract Number
Dealer Number
the vehicle on credit under the agreements
You, the Buyer (and Co-Buyer, if any), may buy the vehide below for cash or on credit. By signing this contract, you choose to buy
"us"
"we'r
Finance Charge in U.S. funds according
Financed
and
Amount
contract)
the
in
this
Creditor
(sometimes
on ag pages of this contract. You agree to pay the Seller
of this contract.
to the payment schedule below. We will Ngure your finance charge an a daily basis. Ths Truth-In-Lending Disdosures below are part
Make
Naw
Used
Year
and Model
Odometer
Vehicle Identwcation Number
Tesla
15
5YJYGDEE3LF054909
New
Model Y
2020
ANNUAL
PERCENTAGE
RATE
The cost of
your credit as
a yearly rate.
4.14
.
Oy
FEDERAL TRUTHAN-LENDING DISCLOSURES
Total of
Amount
FINANCE
Payments
Financed
CHARGE
The dollar
amount ths
credit wgl
crmt you.
The amount you
will have pmd after
you have made ag
payments as
scheduled.
The amount of
credit provided
to you or
on your behalf.
STATEMENT OF INSURANCE
Total Sale
Price
The total cost of
your purchase on
credit, induding
your down
payment of
26,938.56 ls
74,524.08 (e)
8 5,585.52 (s) S 42,000.00 (e) $ 47,585.52 (e) S
(s) means an estimate
YOUR PAYMENT SCHEDULE WILL BE:
Number af Payrllllntgi
One Payment of
NollCE. No person is required as a condition af fmancing
the purchase of a motor vshids ta purchase or negotiate any
insurance through a paiucusr inguranae company, agent or
brokgr. You are not required to huy any other insurance ta
obtain credit. Your decision to buy or not buy other insurance
wtl not be a factor in the credit approval pracgss,
Vehicle Insungnce
S~Dgd. Comp.,
$
+4
When Payments Are Due:
Amount ct Payments:
NIA
N/A
N/A
N/A
N/A
N/A Mis S
N/A Mm 6
N/A
Limits
N/A
Mgg,
S
N/A
Limgs
N/A
Mgg
S
N/A
N/A
N/A
Mgg
S
NIA
NIA
N/A
Mgg
6
N/A
6
NIA
~
S~
Properly Dgmggg
Medical
6
Tatglvghidelngurgncg Premiums
Paym«a
N/A
N/A
N/A
Mangily beginning
11/1 1/2020
660 91
72
N/A
One Nnal paymgm
required to buv any other insurance tc obtain cmiiL
krlU I
N/A
N/A
N/A
N/A
~l
KOM
I
~
~P~+~
CPBuyer X
X
,
B„g gabc Ndaw, yau agree that, Pursuant
ta the Arbitration Provision an page 7 af this ccntrgd, yau or we mgy )
gled ta resolve any dispute by neutral, binding arhitratian and nat by
a court action. Sgg the Arbitration Provision for additional information
cangemiug the aargugenl to uhiaatg. BX Cgadutg
Buyer Signs X
Coeuyer Signs X
If
IN
Yau may buy the physical damage insurance this contract requires
from anyone ycu ihaogg wha is accgplgalg ta ug, Yau are nai
Buyer X
Lstg Charge, If pgymgni is nat rgcgivgd in full witdn 10 days aller it is dug, Yau wg pay g late charge of SII of as purl of the pgyuggl thd ig late.
rgpafmml. N yau pgy early, Tau mgy be chagad a nimiuum fnggcg chgrga
Sgcuey IulgnuL Yau are Stunt g ggcudy Inbrgd in the vghidg !mat purchased.
Addwosgl Infamueon: Sag this cangggt for more inlarugfaa iadudat iulaugggau about nonpayment, calculi, any required rgpgpg gut in fut hglcrg
the mh/dulgd dglg, minimum finance charges, and ggcurty inluggt
NIA
THIS AGREEMENT FOR
FUBUC UABIUTY OR PROPERTY DAMAGEINSURANCE,PAYMENT
FOR SUCH COVERAGEIS NOTFROVIDED BY)HIS AGREEMENT.
UNlESS A CHARGE IS INCLUDED
Ons
Premium
Term
Fire 5 Thglt
Dail Catidan
Baatii Injury
NIA
One Pgyrmru al
Primary Use For Which Purchased
Personal, family or household unless
otherwise indicated below.
Cl business or commercial
I
AUTO BROKER FEE DISCLOSURE
this contract reflects the retail sale of a new motor vehide, the sale is nat subject to a fss Tecehred by an autobfoker from us unless the following box is checked:
N/A
Name of autobroker receiving fee, if applicable:
KOM Construction inc. by
Buyer Signs X
rica~i~
Co.Buyer Signs
X
(AW 553-CA-ARB-sps 7/TS vf
Page
1
of 7
PDF Page 13
OPTIONAL SERVICE CONTRACT(S) You want to
purchase ths service conhact(s) writlen with the following
company(ies) for the term(s) shown below for the
charge(s) shown in item 11.
ITEMIEATIOICOFTHE AMOUNT FINANCED (Seller may keep psri of the amounts paid to others.)
Cash Prise
Cash Price of Motor Vehide and Accessories
1. Cash Price Vehide
2. Cash Price Accessories
1. Total
A.
$
62,290.00
62,290.00
$
NIA
(A)
N/A
N/A
NIA
NIA
Describe
1. (paid to)
2. (paid to)
3. (paid to)
(9)
14
N/A
N/A
N/A
(El)
OPTIONAL DEBT CANCELLATION AGREEMEHT. A dsbl
cancellation agreement is not required to obtain audit and will
not be pnwided unless you sign below snd agree to pay the
extra charge. If you choose to buy debt caniwll shan, the charge
is shown in item 1K of the Itemization of Amount Financed. See
your debt cancellazon agreement tor details on the terna snd
candiTians it provides. It is a part of this contract
$
$
3. (paid to)
N/A
N/A
N/A
4. (paid to)
5. (paid to)
NIA
N/A
(E2)
For
N. Other (paid to)
For
$
$
(12)
Buyer Signs X
$
$
NIA
NIA
54)
(13)
C. Cagomia lire Fees
N/A
(K)
$
$
$
N/A
(H)
$
NIA (D)
701.00
Total Omdial Fees (A through D)
3. Amount Paid to Insurance Companies
(Total premiums from Statement af Insurance)
Vehicle I 3
$
68,938.56
0 00
(see Trade-In Vehide(s)):
Vshide 2 3
1
3
0.00
C. Total Nst Trade-In (A-B) (indicate
if
0.00
(A)
$
0.00
(6)
$
0.00
(C)
Vehide 2 $
negative number)
Vehide 2 $
Vehide1 3
D. Deterred Dovmpayment Payable to Seller
E. Manufacturer'4 Rebate
F.
$
$
$
$
$
G. Cash, Cash Equivalent, Check, Credit Card, ar Debit Card
Total Downpayment (C through G)
(If
negative, enter zero an line 6 and snlsr ths amount less than zero as a pcsgvs number on line
7. Amount Rnence! (5 less 6)
KOM Canstrucban Ina. by ~a~
Buyer Signs X I
~~i
I
Co-Buyer Signs X
I
I
J shave)
Odometer
N/A
(3)
(4)
(6)
N/A
0.00
0.00
0.00
N/A
N/A
6
c. Agreed Value of Property
Being Traded-In (a-b)
6
d. Prior Credit or Lease Balance $
e. Net Trade-In (c-d) (must be 2 0
NIA
6
N/A
for buyer/coaruyer to retain equity)
NIA
N/A
~
(E)
OPllON: OYou pay no finance charge if thsl
Amount Financed, item 7, is paid in full on or
(F)
26.938.56 (0)
26,938.56
6
c. Agreed Value of Property
Being Traded-In (a-b)
$
d. Prie Credit or Lease Balance 3
e. Net Trade-In (a-d) (must be 3 0
for buyer/co-buyer to retain equity) 6
2. Vehirde 2
NIA
N/A
Year
Make
N/A
Model
Odometer
N/A
Total Agreed Value of Property
000*
Being Trudeau (1c+2c)
$
Total Prior Credit or Lease
0.00
Balance (1 d+2d)
*
Net Tradwqn (1e+2a)
$
('Ses item 6A-6C in ths Itemization of Amount Financed)
(D)
0.00
0.00
$
b. Buyer/Co.Buyer Retained Trade Equily
(2)
N/A
N/A
n/a
VIN
a. Agreed Value of property
N/A
N/A
Other
(1)
N/A
B. Total Less Priior Credit or Lease Balance (e)
Vehicle
N/A
N/A
through 4)
A. Total Agreed Value of Properly Being Traded-In
NIA
Make
b. Buyer/Co.Suyer Retained Trade Equity
(M)
$
$
6. Total Dawnpsyment
N/A
VIN
(L)
405.00 (A)
289.00 gl)
7.00 (C)
State Emissions Exemption Fes
Year
Model
a. Agreed Value of Property
NIA
NIA
NIA
68,237.56
Fees
Tradeun Vehicle/sl
NIA (J)
$
N/A
1.~V'
(15)
Pric (A through N)
2. Amounts Paid to Pubgc Ofgolals
A. Vehide Ucense Fees
want to buy a debt cancellation agreement.
I
$
N/A
N/A
NIA
Debt Cancellation Agreemenl
51)
$
Miss
NIA
Mos.
N/A
N/A
NIA
J. Prior Credit or Lease Balance (e) paid by Seller to
N/A Vehida 2
N/A
Vehide I
(sse downpayment and tradatn calculation)
K. (Optional) Debt Cancellation Agreement
L (Optional) Used Vehids Contract Cancellation Option Agreement
NIA
M. Other (paid to)
N/A
Term
(H)
N/A
Mon m
NIA
'otal
2. (paid to)
NIA
Term
30.00
NIA
15 Company
5,917.56 (0)
(Optional) Seirice Cortmct(s)
(1
Miles
$
$
$
$
Tea(a, lnc.
5. Subtotal
Mow or
N/A
N/A
N/A
4 through F)
0 State Emissions CeNTicagon Fse orCl
N/A
Buyer X
1. (paid to)
4.
Miles
(D3)
a governmental fee) (paid to)
D. Outer
N/A
(01)
H. Bedronic Vehide Registration or Tisnsler Charge
B. Registration/Transfer/Titling
Miles
N/A
N/A
N/A
EV Charging Stacon (paid ta)
Total Cash
Mos. or
NIA
Company
Term
N/A
NIA
N/4
Term
(C)
Miles
$
$
$
2. (paid to)
L
Mos. or
NIA
N/A
NIA
N/A
1. (paid to)
(not
N/A
13 Company
E. (Optional) Surface Protection Product(s)
G. Sales Tsx (an taxable items in
Company
N/A
Term
N/A
NIA
$
$
Processing Charge (not a gavsrnmental tee)
C. Emissions Testing Charge (not a governmental fee)
D. (Optional) Theft Detenent Device(s)
B. Document
F.
Mca or
12
Describe
NIA
Company
NIA
Term
11
3. Other (Nontaxable)
~
(6)
NIA
before
SELLER'S INITIALS
Yew
N/A
N/A
42,000.00 (7)
LAW 553-CA-Agape 7/16 vf
Page 2 of 7
PDF Page 14
TtadrHR PSLmff Agreemenb Seger relied on information from you antVcr the lienholder or lessor of your traderin vehide(s) to amve at the payolf amount shown as the Prior Credit or Lease
Balance in Trade.ln Vehide(s). You unrieretand that the amount quoted Is an estmate.
Seller agrees to pay tbe payoff amount shown as the Prior Credit or Lease Balance in Trade In Vehide(s) to the lienholder or lessor of the badein vebide(s), or fie designee. It the actual
payofi amount is more than the amount shown as the Prior Credit cr Lease Balance in Trade.ln Vehide(s), you must pay Ibe Seller the excess cn demand. If the actual Paydf amount is
less than fire amount shown as the Prio Creditor Lease Balance in Trade-In Vehide(s), Seller will reland to yov any overage Seller receives fram your pier lienholder or lessor. Except as
stated in the "NOTICE'n oace 5 of firis mntracL anv assignee of fiv'e corrirect will not be obligated to pey the Prior Credit cr Lease Rrarrnrw shown in Trade-In Vebide(s) or any refund.
Buyer Signature X
4~
'
v
Co.Buyer Signature X
I
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between You and us relating to this contract. Any change to the contract must be in
writing and both vcu and we must sian it. No oral changes are binding.
Buyer Sine X
I
vcLr~~ a~ KCBOmlwlmlim
Cwgaver Signa x '
SELLER'S RIGHT TO CANCEL If Buyer and Co Buyer sign here, the prorieione of the Seller's Right to Cancel eecfion on page 5 of this contract giving the Seller the right tc cancel
unable tc aeeicn this contract to a financial inemuticn will apply.
Buyer
KCNOwevdmlhc
X
co.mayer x
if
Seller is
I
THE ISINESUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW ISUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR
NOT YOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT YOU SHOULD CONTACT YOUR INSURAHCE AGENT.
WARNING:
YOUR PRESENT POLICY SIAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FDR THE VEHICLE SEING PURCHASED. IF YOU DO
NOT HAVE FULL COVERAGE, SUPPLEISENTAL COVERAGE FOR COLLISION DAISAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING
DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIEO, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF
THE UNPAID BALANCE REMAINING AFTER THE VEHCLE HAS BEEN REPOSSESSED AND SOLD.
FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER SHALL SGN TO ACKNOWLEDGE THAT HEISHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS.
ssx
'oM
onelna5mlnL
ISIDariarmla
X
I
CREDIT DISABILITY INSURANCE NOTICE
CLAIM PROCEDURE
lf ycu become disabled, you must tell us right away. (You are advised to send this information to the same address to which you are normally
required to send your payments, unless a diffwrerri address or telephone number is given to you in writing by us as the location where we would
like to be notified.) We will tell you where to get daim forms. You must send in the completed form to the insurance company as soon as possible
and tell us as soon as you do.
lf your disability insurance covers ag of your missed payment(s), WE CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLOSE UPON
OR REPOSSESS ANY COLLATERAL UNTIL THREE CALENDAR MONTHS AFTER your first missed payment is due or until the insurance
company pays or rejects your claim, whichever comes first. We can, however, try to collect, foreclose, or repossess if you have any money due
and owing us or are otherwise in default when your disability claim is made or if a senior mortgage or lien holder is foreclosing.
If the Insurance company pays the claim within the three calendar months. we must accept the money as though you paid on time. If the
insurance company rejects the claim within the three calendar months or accepts 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 of the partial disability claim is
sent to pay past dua payments, or the difference between the past dua payments and what the insurance company pays for ths partial disability,
plus late charges. You can contact us, and we will tell you how much you owa. After that time, we can take action to collect or foreclose or
repossess any collateral you may have given.
If the insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued payments, you should
send in these completed additional forms no later than required. If you do not sand in these forms on time, the insurance company may stop
paying, and we will then ba able to take action to collect or foreclose or repossess any collateral you may have given.
KOM Construction Inc. by rrcac
Buyer Signs X I
Co-Buyer Signs X
I
tAVF663CA-ARB~ 7/16 v1
Page 3 of 7
PDF Page 15
OTaIER Ih(IPORTANT AGREEMENTS
1.
FINANCE CHARGE AND PAYIIIENTS
How we will Sgure Finance Charge. We will figure the
Finance Charge on a daily basis at the Annual Percentage
Rate on the unpaid part of the Amount Financed. SellerCreditor may receive part of the Finance Charge.
b. How we will apply paymenta We may apply each
d. Insurance you must have on the vehide.
You agree to have physical damage insurance covering
loss of or damage to the vehicle for the term of this
contract. The insurance must cover our interest in the
vehicle. If you do not have this insurance, we may, if we
choose, buy physical damage insurance. If we ded«de to
buy physical damage insurance, we may either buy
insurance that covers your interest and our interest in the
vehicle, or buy insurance that covers only our interest. If we
buy either type of insurance, we will tell you which type and
ths charge you must pay. The charge will be the premium
for the insurance and a finance charge computed at the
Annual Percentage Rate shown on page 1 of this contract
or, at our option, the highest rate ths law permits. If the
vehicle is lost or damaged, you agree that we may use any
insurance settlement to reduce what you owe or repair the
a.
payment to the earned and unpaid part of the Finance
Charge, to the unpaid part of the Amount Financed and to
other amounts you owe under this contract in any order we
choose.
C. How late payments or early payments change what you
must pay. We based the Finance Charge, Total of
Payments, and Total Sale Price shown on page 1 of this
contract on the assumption that you will make every
payment on the day it is due. Your Finance Charge, Total of
Payments, and Total Sale Price will be more if you pay late
and less if you pay early. Changes may take the form of a
larger or smaller final payment or, at our option, more or
fewer payments of the same amount as your scheduled
payment with a smaller final payment. We will send you a
notice telling you about these changes before the final
scheduled payment is due.
d. You may prepay. You may prepay all or part of the unpaid
part of the Amount Financed at any time. If you do so, you
must pay the earned and unpaid part of the Finance
Charge and all other amounts due up to the date of your
payment. As of the date of your payment, if the minimum
finance charge is greater than the earned Finance Charge,
you may be charged the difference; the minimum finance
charge is as follows: (1) $ 25 if the original Amount
Financed does not exceed $ 1,000, (2) $ 50 if ths original
Amount Financed is more than $ 1,000 but not more than
$ 2,000, or (3) $ 75 if the original Amount Financed is more
than $ 2,000.
YOUR OTHER PROMISES TO US
It the vehicle is damaged, destroyed, or missing. You
agree to pay us all you owe under this contract even if the
vehids is damaged, destroyed, or missing.
GAP LIABILITY NOTICE
In the event of theft or damage to your vehicle that
results in a total loss, there may be a gap between the
amount you owe under this contract and the proceeds
of your insurance settlement and deductible. THIS
CONTRACT PROVIDES THAT YOU ARE LIABLE FOR
THE GAP AMOUNT. An optional debt cancellation
agreement for coverage of the gap amount may bs
offered for an additional charge.
Using the vehicle. You agree not to remove the vehicle
from the U.S. or Canada, or to sell, rent, lease, or transfer
any interest in the vehicle or this contract without our
written permission. You agree not to expose the vehicle to
misuse, seizure, confiscation, or involuntary transfer. If we
pay any repair bills, storage bills, taxes, fines, or charges on
the vehicle, you agree to repay the amount when we ask for
it.
Security Interest.
You give us a security interest in:
~
The vehicle and all parts or goods put on
it;
money or goods received (proceeds) for the
vehicle;
~
All insurance, maintenance, service, or other contracts
we finance for you; and
~
All proceeds from insurance, maintenance, service, or
other contracts we finance for you. This includes any
refunds of premiums or charges from ths contracts.
This secures payment of all you owe on this contract. It
also secures your other agreements in this contract as the
law allows. You will make sure the title shows our security
interest (lien) in ths vehicle. You will not allow any other
security interest to be placed on the title without our written
permission,
KOM Construction Inc. bv «o«o
~
Buyer Signs X
All
I
Co-Buyer Signs X
I
vehicle.
e. What happens to returned insurance, maintenance,
service, or other contract charges. If we get a refund of
insurance, maintenance, service, or other contract
charges, you agree that we may subtract the refund from
what you owe.
IL
IF YOU PAY LATE OR BREAK YOUR OTHER PROIIIISES
s. You may owe late charges. You will pay a late charge on
each late payment as shown on page 1 of this contract.
Acceptance of a late payment or late charge doss not
excuse your late payment or mean that you may keep
making late payments. If you pay late, ws may also take the
steps described below.
b. You may have to pay all you owe at once. If 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 give false, incomplete, or misleading information
on
c*
a credit application;
start a proceeding in bankruptcy or one is started
against you or your property;
~
The vehicle is lost, damaged or destroyed; or
You break any agreements in this contract.
Ths amount you will ows will bs the unpaid part of the
Amount Financed plus the earned and unpaid part of the
Finance Charge, any late charges, and any accounts due
because you defaulted.
You may have to pay collection costs. You will pay
our reasonable costs to collect what you owe, induding
attorney fees, court costs, collection agency fess, and fees
paid for other reasonable collection efforts. You agree to pay a
charge not tc exceed $ 15 if any check you give tc us is
~
You
dishonored.
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 lf your vehicle has an
electronic tracking device, you agree that we may use the
device to find the vehicle. If we take the vehicle, any
accessories, equipment, and replacement parts will stay
with the vehicle. If any personal items are in the vehicle, we
may store them for you at your expense. If you do not ask
for these items back, we may dispose of them as the law
allows.
e. How you can get the vehide 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 dus payments and any late charges,
providing proof of insurance, and/or taking other action to
cure the default. 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.
t/Iyi/553-CA-/IIIB-sPs 7/1S v1
Page 4 of 7
PDF Page 16
We will sell the vehicle if you do not get it back. If you
do not redeem, we will sell the vehicle. We will send you a
written notice of sale before selling the vehicle.
We will apply the money from the sale, less allowed
expenses, to the amount you owe. Allowed expenses ars
expenses we pay as a direct result of taking the vehicle,
holding it, preparing it for sale, and selling it. Attorney fees
and court costs the law permits are also allowed expenses.
If any money is left (surplus), we will pay it to ycu unless the
law requires us to pay it to someone else. If money from the
sale is not enough to pay the amount you owe, you must
pay the rest to us. If you do not pay this amount when we
ask, we may charge you interest at the Annual Percentage
Rate shown on page 1 of this contract, not to exceed the
highest rate permitted by law, until you pay.
g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may
contain charges for optional insurance, maintenance,
service, or other contracts. If we demand that you pay all
you owe at once or we repossess the vehicle, you agree
that we may claim benefits under these contracts and
cancel them to obtain refunds of unearned charges to
reduce what you owe or repair the vehicle. If the vehicle is
a total loss because it is confiscated, damaged, or stolen,
we may claim benefits under these contracts and cancel
them to obtain refunds of unearned charges to reduce what
you owe.
f.
4. WARRANTIES SELLER DISCLAIINS
If you do not get a written warranty, and the Seller does 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
warrantiss of merchantabillty or of fitness for a particular
purpose.
This provision does not affect any warranties covering the
vehicle that the vehicle manufacturer may provide. It the Seller
has sold you a certified used vehicle, the warranty of
merchantability is not disclaimed.
6.
Used Car Buyers Guide. The information you see on the
window form for this vehicle is part of this contract.
Information on the window form overrides any contrary
provisions in the contract of sale.
Spanish Translation: Guia para compradores de vehfculos
usados. La informacidn qus ve en el formulario de ls
ventaniila pars cate vehiculo forms parte del presents
contrato. La infonnacion del formulario de la ventanilla deja
sin efecto toda disposicidn en contrarlo contenida en el
contrato de Yenta
6.
SERVICING AND COLLECTION CONTACTS
You agree that we may try to contact you in writing, by e-mail, or
using prerecordedlartificial voice messages, text messages, and
automatic telephone dialing systems, as the law allows. You also
agree that we may try to contact you in these and other ways at
any address or telephone number you provide us, even if the
telephone number is a cell phone number or the contact results in
a charge to you. You agree that you will within a reasonable
time notify us of any change in your name, address, or
employment.
7.
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.
8. 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 in the 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 item contained in your credit
application.
You waive the provisions of Calif. Vehicle Code Section 1808.21 and
authorize the California Department of Motor Vehicles to furnish your
residence address to us.
Seller's Right to Cancel
a. Seller agrees to deliver the vehicle to you on the date this contract
is signed by Seller and you. You understand that it may take some
time for Seller to verify your credit and assign the contract. You
agree that if Seller is unable to assign the contract to any one of the
financial institutions with whom Seller regularly does business
under an assignment acceptable to Seller, Seller may cancel the
contract.
Seller shall give ycu written notice (or in any other manner in which
actual notice is given to you) within 10 days of the date this contract
is signed if Seller elects to cancel. Upon receipt of such notice, you
must immediately return the vehicle to Seller in the same condition
as when sold, reasonable wear and tear excepted. Seller must give
back to you all consideration received by Seller, including any tradein vehicle.
c. If you do not immediately return the vehicle, you shall be liable for
all expenses incurred 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 ths vehicle until the vehicle is returned to Seller.
b.
NOTICE: ANY HOLDER OF THIS CONSUIIIIER CREDIT CONTRACT IS SUBJECT TO ALL CLAIBIS 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 ABIOUNTS PAID BYTHE
DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other
cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor)
may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
KOM Construction Inc. by
Buyer Signs X
1
~~
~
Co-8uysr Signs Xi
LAW 553-CA-AR&sps 7/16 vf
Page 5 of 7
PDF Page 17
Notice to buyer: (1) Do not sign this agreement before you read it or if It contains sny blank spaces to be fgled in. (2) You are entitled to a completely filled
in
copy of this agreemenL (3) You can prepay lhe full amount dus under this agreement at any timL (4) If you default in the performance of your obligations
under this agreement, the vehftde may be repossessed and you may be aub)ect to suit and liability for Nte unpaid indebtedness evidenced this agreement.
by
5 ysu bee a eompbhd conasmlng nds sale, yau shoumby to resabe it wah Se seller.
ar edhmbbynemusrmayberdeeedto ate dly suemey the dlsbicl sawney, or anlnvmdgalor for the parbnent of unior Vehldes, or any oamblnathethereaf.
untslr ordecepnvo pradlces
Aner Ns cashed Ls slwwd ihe seller may ma change the tlnsming or psymenl bourn unless you agree in mung to the change You do not have to
agree to any change, and it ls sn unblr or daeepee practise fm
Ihs saner lo make a unuatwl changrt KOM Conotruouon Inc.
KOM
Cmnphiineooncemlng
~dk
Buyer Signature X
Co.Buyer Signature X
The Annual Percentage 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 COOUNG4FF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION
G~~NP
&&+~~XN~~~@m~
vehldecosbtmmuch,
'ate
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GAYE IT TO
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~
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AND YOU WHIE FREE TO TAKE IT AND
~'9/27/2020
simply because You chanfeyour mind, decide the
or wish you had actulred ad Xerent vehlcla Nler yau eidnhekw,
YoumaycnllfcmmellisconlractwBhlheagiasmentoftheseRmorforleEelcause such ssfnmd However CafibrniahmdoesraiuireaseUS
Cwtdnshduhmaoitd(darb?his connect csnceRaon OPBNrmplremmt dace notap(df tothssaleotamuesUNal vehide a
or
ml oghldhmy nlolof vsh'nb suh)sct lo IdsdWCSBN Uadm CahfNIS IN. Bee Ihs vsh'Icls onhacl cslfmUahon ophN sgfsslMt fof dshdfs
KOM Conotruotior'
REIIIEW IT YOU A'CKNOWLEDGE THAT YOU HAVE READ ALL
FARED OF TN CONTRACT, RICLUNG THE AIBIIRA)MH
PROVSON ON PAGE? OF?NB CONIRACT, BEFORE BIGNWG
BSOW YOU CNFIIN THAT YOU RECEIVED ACNFLETELV
FILLEDIH COFT
Nsi yOU WNED IT
09/27/2020 Co-Buyer Signature X
Buyer Signature X
Co.Bu)ers and Other Owners — A co-buyer is a parson who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehide but does not
have tu pay the debt. Tho other owner agrees to ths security interest in ths vehide given to us in this contract.
other Owner Signature X
N/A
Address
N/A
puce
GUARANTY:
To induce us to sell the vshide to Beer each
who signs as a Gnaneter Inddduafy guarantees the payment ol this conhacL If Buyer fails to pay any money owing
contract each Guarantrn must
pay it wlrsn asked. Each Guarantor will be liable br Se intel amount ovinn msn if oesr pusons also sign as Goaranlor snd evsrr if Bayer has a em plots ddmm to Guarantor's demand for reimlesemsrrL Each Guarantor
agrees be Isola aran if we do one m more of the fdbwing: lt) give!he Buyer mare Sms pay one sr more payments, (2) give a kd or pedal release to any other Guarantor (5) rekess any sacuay; (4) accept less from the
Buyer Ihan Ihs tabl amount owing; or (5) olherwiss reach a sstcemsntnoeng to Ibis mnkad or extend the mntracL Each Goaranlor acknovcsdges reed pt of a mmpbtsd copy of this contrad and guaranty at the time of
ugning.
ones
e
b
Guaran!or wdvss noses of acceptance of this Guaranly, relics of Sre Buyer's nonteymenL nmvporiormance, and default; and no5ces of the amount owing at any 5me, and of any demands upon the Buyer.
N/A
N/A
Guarantor X
N/A
N/A
pam
Guarantor X
pats
N/A
Address
Address
pma 09/27/2020
KOM Construction Inc. by
Buyer Signs X
I
N/A
Till
«em~rue
Co-Buyer Signs X
I
LAW 55S-CA-ARB-ops 7/16 vf
Page 6 of 7
PDF Page 18
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1 EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT
OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PAFITICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU hllAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOUDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTSTO AI'PEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER
RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision,
and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of
or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship
(including any such relationship with third parties who do not sign this contract} shall, at your or our election, be resolved by neutral,
binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this
Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual
basis and not as a class action. You expressly waive any right you may have to arbitrate a dass action. You may choose the American
Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.oro), or any other organization to conduct the
arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting
its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing
substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you
reside unless the Seller-Creditor is a party to the daim or dispute, in which case the hearing will be held in the federal district where this
contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up
to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay
may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under
applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under
applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration
provision shali control. Any arbitration under this Arbitration provision shall be governed by the Federal Arbitration Act (9 U.S.C. Ij 1 et.
seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all
parties, subject to any limited right to appeal under the Federal Arbitration Act.
You and we retain the right to seek remedies in small claims court for disputes or daims within that court's jurisdiction, unless such action
is transfened, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such
as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court
having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer
of this contract. If any part of this Arbitration Provision, other than waivere of class action rights, is deemed or found to be unenforceable
for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any
reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
Setthwa~a stmtm
r~tntha~~m JPMOrgan ChaSe Bank, N.A.
E Assigned without recourse
(Assignee) under tha terms cf setters agreemantis) with Assignee.
0 Assigned Nah limited recourse
C3 Assigned with mcourse
I
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MOTOIN
Ino.
Nou~lm
X'o-Butmr
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Tide
Delivmv Experience Specialist
KOM Construction Inc. bv
Buyer Signs
Signs X
1
Fcfttf NO. 65SCA Attaepa tnw. Tne
Iwns TNS Reynolds and Reynolds company
MERE NIE No SNRRFNIM, EEFREas ml MFLNN ES To OOMENT on
FENESS Fon FUSFOSE OF Tais FOINL OONSULTTOUR ONN LESSL OOURSEL
LAtrtr556&A-ARB-eps TI16 ut
Page 7 of 7
Teals, Inc.
11163 Santa Monica Boulevard
Loe Angelus, CA, US, 90025
Phc(310) 473-8337
Fax: (310) 473.8593
Paid
Invoice
SERVICE DEPARTMENT HOURS
Mon+rl: 8:00 a.rn. - 5:00 p.m
Saturday&unde)a SstdtunrC(aced
10-Nov-2020
04-Nov~g 08:16:38
3000S0001637975
(08-Ncv-2020 04:45:00
BA.R 9 ARD0025528'I
E.P.A.IOS CA(000327124
Pay Type: Basic Vehicle Limited Warranty
0.00
Service Center hourly rats: USD 195.
'Total Perte(USD)
,
0.00
i
Tax
0.00
Total Amount (USD)
0.00
Page 1 of2
i
PDF Page 21
Afi
paris are nsw unless otherwise specNed.
You agree that Teals is not responsible for any personal items left in your vehicle; Taste and its
employees may access end operate your venice induding on streets, highways, or public roadways
for ths sole purpose of testing and/or inspscbon of repairs; Tssla and its employees may access,
download and uss the infonnafion stored on your vehicle's data recorder to service and diagnose
issues with your vehide, and Tesla may store and aggregate such data for its own purposes; an
express mechanids lien Is hereby acknowledged on your vehide to secure the amount of repairs,
storage and other applicable fees; the vehids owner's insurance provides exdusive coverage for the
vshide while it is in Testis possession; and you may be charged storage fees of $ 35/day fiom ths
fourth working day afier you are nobTied that repairs on your vehicle are complete and that the
vehicle is ready for pick up.
Taxia disdaims afi express or implied wananties with respect to any repairs or produds used in repairs, except ss may be set forth in your Taxia-issued New or
Used Vehide Limited Warranty, Testa Parts, Body, and Paint Repair Limited Warranty or other extended service agreement. Tesla is not responable for repairs
not performed by, or components not installed by, Tesla
authorize the repair work, induding parts, materials and labor, on my vehicle to be done pursuant to the terms and condiTions as set forth in this service
agreement document.
I
Any parts (including fires/wheels) removed or replaced by Tesla during vehide ssnrice will become the property of Testa. However, st the bme you authorize
repairs, you may request to receive (subject to any applicable core charge, which you agree to psy) or Inspect replaced parle (exduding infistable restraint
system components), except body shop repair parle and parts required to be returned to the manufacturer or a third parly under a warranty, trade-in or
exchange agreement, which will only bs presented to you for examination and not returned.
Signature:
i
Date:
Warning: Motor vehides contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
FullNamet
has the right to have this product serviced or repaired during the warranty period.
The warraniy period will be extended for the number of whole days that the product has been out of the buyer's hands
for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been
fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays
caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the
buyer notiTies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after
a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement
or a refund subject, in either case, tc deduction of a reasonable charge for usage. This time extension does not affect
the protecbons or remedies the buyer has under other laws."
"A buyer of this product in California
You further agree and acknowledge that
Taxia is not responsible for loss or damage to the vehide or any srtides left in the vehide in case of lire, theft, hail, wind, or any other causes beyond
its control;
Tesla and its employees wlfi turn off any photo or video capturing devices, such as dashboanf cameras, once we receive ths vehide in preparation for
service and your vehide's Tesla dash cern wifi be enabled when you pick up your Testa from this Service visit;
Labor charges srs not based solely on adust service personnel's time but are aggregate prices for specific services or repairs, which may indude flat
rates based on industry manuals and vehide condition.
Waste storage and disposal fees are charged separately when applicable to specNc services or repairs, and represent cosls and prolils to Testa
which are calculated based on avenzge annuafizsd costs across Testa service fscifitles;
Items purchased over the counter or online dirscfiy from Testa msy be returned within 30 days with a proof of purchase and must be in their oriernal
snd uninstalled condition with factory labeling attached and in factory packaging (if supplied);
Tesla-branded parts purchased directly from Taxia over-the-counter, online or purchased and inslafied by Testa Service are covered under the Tssla
Parle, Body, and Paint Repair Limited Warmnty for a period of 12 months subJect to ths applicable terms, conditions and exdusions and available st
httpsl/www.testa.corn/support/vs hide-warranty;
Afi charges for repairs, including labor, parts and material furnished, are due and payable simultaneously with the return of your vehids or prior to
return upon the expiration of three (3) waking days sfisr notice has been sent by Teals that the vehicle is ready;
If any repair, storage and other applicable fees remain unpaid for thirty (30) days after a request for payment, Tee la may pursue collection and you will
bs responsible for paying afi reasonable afiomey's fees and costs for such cofisction;
If pmvided a loaner or rental vehide, the vehicle must be returned within 24 hours of such nofificefion or a daily usage rate of up to $ 100 USD and
applicable fees will be charged until the return of such loaner vehids;
Tesla may adJust the esfimatsd completion date upon nobfication to you and is not responsible for any delays caused by the unavailability of parle or
paris shlpltlenls; a/xi
Tesla (and any of its subsidiaries) may contact you via emails, calls, SMS or other messages including through the Tesla app (cofieuively,
"messages') to obtain suthorizs5on and provide updates regarding this service visit and your vehxze. standard sMs message and data rates may
apply. You can withdraw your consent to receive automated SMS messages at any time by replying STOP" or providing written notfilcation to Teslfis
customer representabve.
Page 2 of 2
PDF Page 22
Invoice
Testa, Inc.
11163 Santa Monies Boulevard
Los Angeles, CA, US, 90025
SERVICE DEPARTMENT HOURS
Mond"rlt 8:00 a.m. - R00 p.m
Phc(310) 473-8337
Fsx: (31 0) 4730593
Saturdaydtunday: Sat&un:Closed
3000S0001744178
l08-Dec-2020
l
,23-Nov-2020 08:17:34
l04-Deo.2020 05:00:00
2548 Miles
2542 Miles
I
BA.R.8 ARD00255281
I
E.PA.IDIO CAUI00327124
ard
04-Deo.2020 09:29t23
Yvette Esptnoza
Robert Apple
26500 Agoura Road
Caisbsses, CA, 91302
mbeng0komcornbucbon.corn
'.l
'!
+13109259324
j
MODEL Y
2020
8SSB390
[
5YJYGDEESLF054909
Solid Black
Concern: Comments: FR door Jam dent
Symptoms: DOOR TRIM, RH, FR COSIIIIETIC ISSUE / DAMAGE
Concern addressed at Tesla Approved Body shop
Corrosion: Paint - Sublet
Psy Type: Rectificatio
0.0
I
Concsmt Headliner part on the passenger side hae blemish I teer
Re pleoed front headliner due to imperfscfion. Vsrilied fitment
Conectlonr Headliner - Front (Remove and Replace)
Parts Replaced or Added
Quantity
Part
MY, FRONT HL ASt(1 59371 600A)
1.0
Pay Type: Basic Vshide Limited Warranty
0.00
'oncemt
Passenger ade rear outer tail
fight is
loose
VeriTied customer concern. Replaoed RH Rear Reilex Light. Verilisd Proper Opersfion.
Corrsedont Light - RsEex - Rear - RH (Remove 8 Replace)
Parle Replaosd or Added
Part
LAMP ASY, REAR REFLEX, RH(1495818-00-C)
auantlty
1.0
Pay Type: Basic Vehide Limited Warranty
0.00
Page 1 of 3
l
PDF Page 23
Concern/ Rear right bumper comer ager adjustment
Adjusted rear right of bumper to rear quarter panel at Teals Approved Body Shop
Symptom image
Correogont Taste Body Repair - Sublet
Pay Type: Basic Vehicle Umilsd Wansnty
0.00
Service Center hourly rate: USD 195
All
Total Parts (USD)
parts ars nsw unless otherwise specified
You agree thab Tesla is not responsible for any personal items left in your vehicle; Taxia and ils
employees may acosss and operate your vehide induding on streets, highways, or public roadways
for ths sole purpose of tesbng and/or inspedion of repaim; Taxia and its employees msy access,
download and use the information stored on your vehide's data recorder to service and diagnose
issues with your vehide, and Tesla may store and aggregate such data for its own purposes; an
exPress mechanic's lien is hereby acknowledged on your vehids to secure the amount of repairs,
storage and other applicable fess; the vahide owners insurance provides exdusive coverage for the
vehide while it is in Teslds possession; and you msy be charged storage fees of $ 35/day from the
fourth working day alter you are notified that repairs on your vehicle are complete and that the
vehids is ready for pick up.
0.00
Subtotal (USD)
0.00
0.00
Tsx
Total Amount (USD)
0.00
Tesla disdaims all express or implied warrsntiss with respect to any repairs or products used in repairs, except as msy be set forth in your Tesla-issued New or
Used Vehicle Limited Warranty, Teals Parts, Body, and Paint Repair Limited Warranty or other extended service agreement. Tesla is not responsible for repairs
not pertcnnsd by, or components not installed by, Tssla
l authorize the repair work, induding parle, materials and labor, on my veh ale to be done pumuant to the terms snd condiTions as set forth in this service
agreement document.
Any parts (induding tires/wheels) removed or replaced by Taste during vshide service will become ths property of Tesle. However, at the time you authonzs
repairs, you may request to receive (subject to sny applicable core charge, which you agree to pay) or inspect replaced parts (excluding inflatable restraint
system components). exospt body shop repair parts and parts required to beCalifornia
returned to ths manufacturer or a thinl party under a warranty, bade-in or
exchange agrsemsnt, which will only be presented to you for examination and not returned.
Signature:
Warning: Motor vehides contain chemicals known to the State of
Date:
to cause cancer and birth defects or other reproductive bann.
Fu() Naute:
Pagegof3
PDF Page 24
has the right to have this product serviced or repaired during the warraniy period.
The wananty period will be extended for the number of whole days that the product has been out of the buyer's hands
for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been
fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays
caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the
buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after
a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement
or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect
the protecbons or remedies the buyer has under other laws."
"A buyer of this product in California
Ycu further agree snd acknowledge that
Tesla is not responsible for loss or damage to the vehids or any arfides left in the vehids in case of fire, theft, hail, wind, cr any other causes beyond
its control;
Tesla and its employees will turn olf any photo cr video capturing devices, such as dashboard cameras, once we receive the vehide in preparation for
service snd your vehide's Testa dash cern vnfi be enabled when you pick up your Teals from this Service visit;
Labor charges ars not based solely on actual service personnel's time but are aggregate prices for specific services or repairs, which may include flat
rates based on Indusby manuals and vehicle condition.
Waste storage and disposal fees are charged separately when applicable to specific services or repairs, snd represent costs and prolits to Tests
which srs calculated based on average annualized costs across Testa service fscil ass;
~
Items purchased over the counter or online directly from Tesla may be returned within 30 days with s proof of purchase and must be in their original
and uninstalled condition with fackxy labeling attached snd in factory packaging (if supplied);
Testsutranded parts purchased directly from Tesla over-thecountsr, onfine or purchased and instafisd by Testa Service are covered under the Teals
Parts, Sody, snd Paint Repair Limited Warranty for a period of 12 months subject to the applicable terms, conditions and exdusions and available at
httpsy/www.tesla.corn/support/vehicle-warranty;
~
Afi charges for repairs, induding labor, parts and materials furnished, ars due and payable simultaneously with the return of your vehide or prior Io
return upon the expirabon of three (3) working days sfisr notice hss been sent by Tesla that the vehicle is ready;
If any repair, storage and other applicable fees remain unpaid for thirty (30) days after a request for payment, Tesla may pursue cofiecbon and you will
bs responsible for paying afi reasonable attorney's fees and coals for such collection;
If provided a loaner or rental vehide, the vehide must be returned within 24 hours of such notNcation or a daily usage rats of up to $ 1 00 USD and
applicable fess will be charged until the return of such loaner vehide;
Testa may adjust ths estimated complsfion date upon ncfificafion to you and is not responsible for any delays caused by ths unmmilabfiity of paris or
parle shipments; and
~
Tesla (snd any of its subsidiaries) may contact you via emails, calls, SMS or other messages including through the Teskt app (cofiemlvely,
"messages") to obtain authorizatio and provide updates regan/ing this Service visit and your vehide. Standard SMS message and data rates may
apply. You csn withdraw your consent to receive automated SMs messages at any time by replying "STop" or providing wmtsn notification to Testes
customer representative.
Page 3 of 3
PDF Page 25
Teals, jnC.
Invoice
11163 Santa Monica Blvd
Los Angeles, CA, US, 90025
SERVICE DEPARTMENT HOURS
Mana:rl: By appointment Only
Baturday+unday: By appointment Only
Phc(310) 4738337
Fax: (31 0) 473-8593
03-Feb-2021
i 3000S0001972331
f02-Feb-2021 10:54:35
(02-Feb-2021 12:00:00
[4687 Miles
8 A.R.¹ AR D00255281
E.PAID¹ CAL000327124
Paid
~I
/02-Feb-2021 04:53:44
i
Tanya Caauo
Robert Apple
26500 Agoura Road
Cslsbasas, CA, 91 302
robertekomconsbucfian.corn
'3109259324
5YJYGDEE3LF054909
,
~
Coneemt Inspect Front Upper Control Arm To Steering Knuckle Bolts
Torqued LH and RH side of ann to steering knuckle lo apecificafion. No parts replacement needed.
Conacfiont Inspect FUCA To Steering Knuckle Fastenem; Fasten LH And
RH
Sides
Pay Type: Basic Vehicle Limited Warranty
Concern: Check tire pressure and cond/t/on
Tire Pressures aet to Factory Recornmendationa. Inspected tire uaad depth. Verltled Proper Operation.
Tread Depth Measure Type
Tread depth
Front Driver Outer. 5
Front Driver Middle: 5
Front Driver Inner. 5
Front Passenger Outsri 5
Front Passenger Middle/ 5
Front Passenger Inner. 5
Back Driver Outer: 5
Back Driver Middle: 5
Back Driver Inner. 5
Back Passenger Outer 5
Back Passenger Middle; 5
Back Passenger Inner. 5
Tire replacement recommended
No
Tire rotafion recommended
No
Conaction: Check and Adjust Tim Pressure
Consction: Check Tire Tread Depth
Pay Type: Goodwill - Ss
Conaem: Interior trim - customer states: 'A-Frame'illar trim cn passenger side haa been popped out since my last
rvice sppolntmsnt. Service canter told me to request a mobile mpair.
iagnosed and Performed Medium Interior Component/Trim/Seal Adjustment. Verified Proper Operation.
3
Page
1
of 3
PDF Page 26
Conedlon: Interior Component/rrim/Seal Adjustment - Medium
Pay Type: Goodwill - Service
Concern: Interior trim - customer states A-Frame" pillar trim on passenger side has been popped out since my last
service appointment. Sen/ice canter told me to request s mobile repair.
Diagnosed and Perlbrmed Medium Interior Component/Trim/Saul Adjuslmsnt. Verified Proper Operation.
Carreatlon: Remote Diagnosis
Pay Type: Goodwill - Remote Support
0.00
Service Center hourly rats: USD 105.
Afi
parle are new unless otherwise specNed.
i
!
Yau agree that Taste ls not responsible for any personal items left in your vehicle; Testa and its
employees may access and opemte your vehids inaluding on streets, highways, or public roadways
for the sole purpose of testing and/or inspecbon of repairs; Tssla and its employees may access,
download and uss ths information stored on your vehids's data recorder to service and diagnose
issues with your vehide, and Tesla may store and aggregate such data for its own purposes; an
express mechanic's lien is hereby sdcmwiedgsd on your vehicle to secure the amount of repairs,
slarage and other applicable fees; the vshide awneris insurance provides exdusive coverage for the
vshide while it is in Tsslds possession; and you may be charged storage fees of $ 35/day from the
fourth woridng day afier you ars notNed that repairs on your vshide are complete and that the
vshide is ready for pick up.
I
;
Total Parle (USD)
Total Labor (USD)
Discount
Subtotal (USD)
Tax
Total Amount (USD)
Tesla disclaims all express or implied warranties wkh respect to any repairs or produds used in repairs, except as may be set forth in yaur Tasle-issued New ar
Used Vehicle Limited Wananty, Taste Parts, Bady, and Paint Repair Limited Warranty or other extended service agreement. Testa is nat responsible for repairs
not performed by, or components not instafied by, Teste
authorize ths repair work, including parle, materials and labor, on my vehicle to be done pursuant to the terms and condgons as set forth in this service
agreement document.
I
authorize
Any parle (including tires/wheels) nnnoved or replaced by Tesla during vehids service will become the praperty of Tesla. However, at the time yau
repairs, you may request to receive (subject to any applicable cora charge, which you agree to psy) or inspect replaced parts (exdudlng inflatable resbaint
system components), except body shop repair parle and parts required to be returned to the manufacturer or s third party under a warranty, trade-in or
exchange agreement, which will only be presented to you for examina5on and not returned.
Signature:
Date:
birth defeds or other rsproduckve harm.
Warning: Motor vehides contain chemicals known to the State of California to cause cancer end
Fu)INStne:
Page 2 of 3
PDF Page 27
vA buyer of this product in California has the right to have this product serviced or repaired duriing the warranty period.
The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands
for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been
fixed. The warranty period will also be extended if ths warranty repairs have not been performed due to delays
caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the
buyer notiiies the manufacturer or seller of the failure of ths repairs within 60 days after they were completed. If, after
a reasonable number of attempts, the defect has not been gxed, the buyer may return this product for a replacement
or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect
the protections or remedies the buyer has under other laws."
You further agree and acknowledge that
Teals is not responsible for loss or damage to the vehide or sny arbdes left in the vshide in case of fire, theft, hail, wind, or any other causes beyond
its control;
Tesla snd its employees will turn olf any photo or video capturing devices, such as dashboani cameras, once ws receive the vehide in preparation for
service and your vehide's Testa dash cern will be enabled when you pike up your Teals from this Service visit;
~
Labor charges are not based solely on actual senrice personnel's time but are egg%gate prices for specilic services or repairs, which may include fiat
rates based on industry manuals and vehicle condaon.
Waste storage and dispcwal fees are charged separately when applicabls to specilic servikws or repairs, and represent costs and profits to Tesla
which are calculated based on average annuafized costs across Testa senrics facilities;
items purchased over the counter or online direcfiy from Testa may be returned within 30 days with e proof of pumhass end must be in their original
and uninstalled condition with factory labeling attached and in factory packaging (if supplied);
Teals-brsnded parts purchased directly from Testa over-the4xtunter, online or purchased and installed by Tesla Service are covered under ths Tesla
Parts, Body, and Paint Repair Limited Warranty for a psrtod of 12 months subject to the sppficsble terms, conditions and sxtriusions snd available at
httpsi/www.testa.convsupportivehide4rarranty;
Afi charges for repaim, induding labor, parle and materials furnished, are due and payable simultaneously with the /stum of your vehids or prior to
return upon the expiration of three (3) working days afiar notice has been sent by Testa that the vehide is ready;
If any repair, slomge and other applicabls fees remain unpaid for thirty (30) days atter a request for payment, Taste may pursue collection and you will
be responsible for paying afi reasonable attorney's fees and costs for such ccfieuion;
If provided a loaner or rental vehide, the vehkrie must be returned within 24 houm of such notilication or s daily usage rate of up to $ 1 00 USD and
applicable fess wifi be charged until ths return of such loaner vshide;
Tesla may adjust the esbmated completion date upon nobalcation to you and is not responsible for sny delays caused by ths unavailability of parts or
parts shipments; and
Tesla (and sny of its subsidiaries) may contact you vis smefis, calls, SMS or other messages including through the Testa app (cofiecbvely,
"messages") to oblaln authortzafion and provide updates regarding this Service visit and your vshitfe. Standard SMS message and dale rates may
apply. You csn withdraw your consent to receive automated SMS messages at any time by replying "STOP" or providing written notificslion to Tsslris
customer representative.
Page 3 of 3
PDF Page 28
Invoice
Tesla, Inc
11163 Santa Monica Boulevard
Los Angeles,CA,US 90025
Phz (310) 473-8337
SERVICE DEPARTMENT HOURS I18-May-2021
'3000S0002432924
Mon-Fn 8:00 a.m. - Ibaa p.m
Saturday Sunday Sat SunClosed
aAR.¹ Anne))265281
E.RA)Dll Catcoc327124
Paid
l11May202113)44)05 13-May 2021 14 00 00
9373 Miles
f9370 Miles
I
13-May-2021 13:01:59
~~ISHMSI
i YVette Espinoza
Robed Apple
1540 Vine street Los Angeles Ca 90028
Hollywood, CA 90028
robert@komconstruction.corn
I
+13109259324
SYJYGDEE3LF054909
f
2020
f
Solid Black
MODEL Y f8SSB390
f
Concern: Comments: Dent on lift gate Symptoms: Liftgate DENT
Concern address at Tesla Approved Body shop
Correction: Tesla Body Repair - Sublet
Pay Type: Rectilication
0.00
Concern: Door handles & latches - customer states: doors have an overbite
)r
Concern addressed at Tesla approved body shop
Correction: Tesla Body Repair - Sublet
Pay Type: Goodwill - Service
a.oo
Concern: Customer states the alarm goes off without reason
Concern was not present while vehicle in service. Customer to monitor vehide, and provide accurate
time stamp. No further diagnosis needed at this time
Correction: Remote Diagnosis
Pay Type: Basic Vehicle Limited Warranty
o.oa
f
Concern: Check tire pressure and condition
a.ao
Verified customer concern. Tire Pressures set to Factory Recommendations. Inspected tire tread
depth. Maintenance Performed: Windshield Washer Fluid - Top Off. VeriTied Proper Operation.
Tread Depth Measure Type
mm
Tread depth
Front Driver Outer. 8
1
of3
PDF Page 29
j
Front Driver Middle: 8
Front Driver Inner: 8
Front Passenger Outer: 8
Front Passenger Middle: 8
Front Passenger Inner: 8
Back Driver Outer: 8
Back Driver Middle: 8
Back Driver Inner: 8
Back Passenger Outer: 8
Back Passenger Middle: 8
Back Passenger Inner. 8
Tire replacement recommended
No
Tire rotation recommended
No
Correction: Check and Adjust Tire Pressure
Correction: Check Ytre Tread Depth
Correcdon: llNndshield Washer Fluid - Top Off
Pay Type: Goodwill - Service
Service Center hourly rate: USO 0
All
parts are new unless otherwise specified.
Total Paris (USD)
O.OO
]Total Labor (USD)
Discount
)
O.aO
j
agree that: Tesla is not responsible for any personal items left in your vehicle; Tesla
and its employees may access and operate your vehicle induding on streets, highways, or
public roadways for the sole purpose of testing and/or inspection of repairs; Tesla and its
employees may access, download and use the information stored on your vehicle's data
recorder to service and diagnose issues with your vehide, and Tesla may store and
aggregate such data for its own purposes; an express mechanic's lien is hereby
acknowledged on your vehide to secure the amount of repairs, storage and other
applicable fees; the vehicle owner's insurance provides exclusive coverage for the vehide
while it is in Tesla's possession; and you may be charged storage fees of 835/day from the
fourth working day after you are notified that repairs on your vehicle are complete and that
the vehicle is ready for pick up.
You
I
Subtobd (USD)
a.ao
O.ac
0.00
Total
Amount
(US D) 0.00
j
0
iTotai Paid (USD)
Payment Due (USD) 0.00
i
Tesla disclaims afi express or implied warranties with respect to any repairs or products used in repairs, except as may be set forth in your
Tesla-issued New or Used Vehicle Limited Warranty, Tesla Parts, Body, and Paint Repair Limited Warranty or other extended service
agreement. Tesla is not responsible for repairs not performed by, or components not installed by, Tesla. Any parts gnduding tires/wheels)
removed or replaced by Tesla during vehide senrice will become the property of Tesla. However, at the time you authorize repairs, you may
request to receive (subject to any applicable core charge, which you agree to pay) or inspect replaced parts (exduding inflatable restraint
system components), except body shop repair parts and parts required to be returned to the manufacturer or a third party under a warranty,
trade-in or exchange agreement, which will only be presented to you for examination and not returned.
california
authorize the repair work, intfiuding parts, materials and labor, on my vehide to be done pursuant to the terms and conditions as set forth
this senrice agreement document.
I
in
Signature:
warning: Motor vehides contain chemicals imown to the sate oi
to cause cancer and birth detects or other reproductive harm.
FuIIName:
2 of 3
PDF Page 30
A buyer of this product in California has the right to have this product serviced or repaired during the warranty period. The warranty
period will be extended for the number of whole days that the product has been out of the buyers hands for warranty repairs. If a defect
exists within the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended
if the warranty repairs have not been performed due to delays caused by circumslances beyond the control of the buyer, or if the
warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days
after they were completed. If, after a reasonable number of anempts, the defect has not been fixed, the buyer may return this product
for a replacement or a refund subject, in either case, to deducfion of a reasonable charge for usage. This time extension does not affect
the protecfions or remedies the buyer hes under other laws.
You further agree and acknowledge that:
~
~
~
~
~
~
~
~
~
~
~
~
~
Testa is nat responsible for loss or damage to the vehicle or any articles left in the vehicle in case of fire, theft, hail, wind, or any
other causes beyond its control;
Tesla personnel will turn off any photo or video capturing devices, such as dashboard cameras, once they receive the vehicle in
preparation for senriice and your vehide's Tesla dash cern will be enabled when you pick up your Tesla from this Service visit;
Labor charges are not based solely on actual service personnel's time but are aggregate prices far specific services or repairs,
which may indude flat rates based on industry manuals and vehide condition;
Waste storage and disposal fees are charged separately when applicable to specific services or repairs, and represent costs and
profits to Tesla which are calculated based on average annualized costs across Tesla service facilities;
Items purchased over the counter ar online directly from Tesla may be returned within 30 days with a proof of purchase and must be.
in their original and uninstalled condition with factory labeling attached and in factory packaging (if supplied);
Tesla-branded parts purchased directly from Tesla over-the-counter, online or purchased and installed by Tesla Service are covered
under the Tesla parts, Body, and paint Reptrir Limited Warranty for a period of 12 months subject to the applicable terms, conditions
and exdusions and available at https://www testa.corn/support/vehide-warranty;
Afi charges for repairs, including labor, parts and materials furnished, are due and payable simultaneously with the return of your
vehide or prior to return upon the expiration of three (3) working days after notice has been sent by Tesla that the vehicle is ready;
If applicable, you have the right to choose the licensed repair shop where the damage lo your vehicle will be repaired;
All crash parts supplied meet the standards used in manufacturing the original eputpment replaced;
lf any repair, storage and other applicable fees remain unpaid for thirty (30) days after a request for payment, Tesla may pursue
collection and you will be responsible for paying afi reasonable attorney's fees and costs for such collection;
If provided a loaner or rental vehicle, the vehicle must be returned within 24 hours of such notificatio or a daily usage rate of up ta
$100 USD and applicable fees will be charged until the return of such loaner vehicle;
The repair work may not be completed prior to the date and time noted under Date/lime promised and Tesla may adjust the
estimated completion date upon notification to you and is not responsible for any delays caused by the unavailability of parts or pans
shipments; and
Tesla (and any of its subsidiaries) may contact you via emails, calls, SMS or other messages induding through the Tesla app
(collectively, "messages") to obtain authorization and provide updates regarding this Senriice visit and your vehide. Standard SMS
message and data rates may apply. You can withdraw your consent to receive automated SMS messages at any time by replying
"STOP" or providing written notNcation to Tesia's customer representative.
3 of 3
THE BEOGLYAN LAW FIRM
Central Ave., 17'" Floor
Glendale, CA 91203
655 N.
Tel 818.280.8232
Fax 818.484.2303
May 28, 2021
VIA CERTIFIED U.S. MAIL. RETURN RECEIPT REQUESTED
Tcsla Motors, blc.
3500 Deer Creek Road
Palo Alto, CA 94304
Re:
Client Name:
Vehicle:
VIN:
Our File No.:
Robert Apple; ROM Construction Inc.
2020 M 'I Y
5YJYGD 3LF054909
LL21052 -0039
Dear Sir or Madam:
Please be advised that this ofilce represents the above-named client reyuding claims
Warranty Act
against Tesla Motors, Iuc. pursuant to the California Song-Beverly Consumer
Act (15 U.S.C.
Wammty
Maguusou-Moss
(California Civil Code ti 1790 et seq.) aud the Federal
to the above-referenced vehicle. Please direct all future contacts aud
$ 2301 et sell.) with regard
conespoudences to our once as such.
Havina been formallv notified of our renresentation. vou are instracted not to
contact our dient under anv circumstances. Please direct all fature inouiries and
communications to this office. If vou fail to act in eonformitv with this directive. iniunctive
relief will be souuht auainst vou.
Pursuant to California Civil Code g 1794 idl and/or 15 U.S.C. 8 231gtdX21. vou are
herebv notified that anv settlement made with our client reauires navment of our
attornev's fees and costs. In addition. vou are herebv notified of our attornevs'ien.
There are uumexous defects aud uon-conformities exhibited by my client's automobile
unsuccessful.
for which relief is sought, and numerous attempts to repair the vehicle have been
These defects aud non-conformities include, but are not limited to:
1. Defective doors — over 4 fidled repair attempts;
PDF Page 33
2. Defective rear bumper — over 2 failed repair attempts;
3. Defective rear tail — over 2 failed repair attempts;
4. Defective headliner;
5. Defective steering knuckle;
6. Defective lifl gate; and
7. Any additional complaints by or on behalf of my client, whether or not they are
contained in your company*s records or on any repair orders.
The defects and non-conformities listed above constitute a substantial impairment of the
use, value and safety of the vehicle. Despite numerous attempts to repair the defects involving
the body of the vehicle and over thirty-four (34) cumulative days out of service for repairs prior
to reaching ten thousand (10,000) miles on the odometer, the vehicle remains defective. As
evident by the repair history, my client has been most patient and accommodating with respect to
the constant and continuing defects exhibited by the vehicle. Therefore, there has been a fiuiure
and refusal to conform the pmduct to its expressed and implied warranties under the law.
Because of these defects and non-conformities, my client has justifiably lost confidence in the
vehicle, and has therefore limited its use. When my client purchased a brand new Tesla Model
Y, he did not expect to receive a defective vehicle.
In light of the defective condition of the vehicle as described above, you are hereby
notified that my client is revoking acceptance of this vehicle. To avoid litigation, my client
hereby demands the cancellation of the contracts, a refund for the defective vehicle,
compensation for any and all incidental and consequential damages, and payment of our
attorney's fees and costs purstumt to the fee-shifting provisions. of the Song-Beverly Consumer
mllllTllsl1 at
Warranty Act and/or Federal Magnuson-Moss Warranty Act. Our attorney's fees aze
this stage and an early resolution of this matter would be most efficient and beneficial to all
parties. In the alternative of litigation, we will be seeking any and sll actual damages, in addition
to a civil penalty of twice the amount of actual damages, attorney*s fees and costs, and any other
relief the court deems proper.
Accordingly, if you wish to resolve this matter efficiently and amicably, please feel flee
to contact my office. If you prefer to do so, you may also contact me via e-mail at
Mausie(RBeoalvanLaw.corn. If the matter has not been resolved within thirty (30) days &om the
date of this correspondence, we will have no choice but to proceed with litigation.
Please note that due to the progression of coronavirus (COVID-19), our finn has
closed our physical office until further notice. Nevertheless, we still have access to e-mail
and are reachable by telephone, so we encourage communication with us by such means
and discourage communication by maiL
Enclosures: Repair records for the subject vehicle.
PDF Page 34
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