MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (2024)

MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (1)

MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (2)

  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (3)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (4)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (5)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (6)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (7)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (8)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (9)
  • MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (10)
 

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Docket Number: HHD-CV17-6086251-S File No: 26581842FEISS SICIGI IOI ICICI SIS OIG Rak ak a kk ok ak a ake teak SUPERIOR COURTTHE HERTZ CORPORATION *** HARTFORD* JUDICIAL DISTRICTPlaintiff * March 6, 2019v. cd*ANDRE DAVIS ****Defendant *FE RCSICI ICICI ICIS I ICI IOI IOI ICI i ak kak okaMOTION FOR JUDGMENT AND ORDER FOR PAYMENTSIn the above entitled action, Plaintiff requests that judgment after default be enteredagainst the Defendant in the amount of $18,585.95, with less $200.00 credit for salvage value,plus costs of $425.60, for a total amount due of $18,811.55 in favor of the Plaintiff in accordancewith the Affidavit of Debt and Bill of Costs attached hereto.Plaintiff requests that the Court issue an order of payment in the amount of $75.00 perweek as well as post judgment interest at the rate of 10%. HERTZ CORPORATIONBY: lie B. Solomon, Esq.Solomon and Solomon, P.C.1 Columbia CircleAlbany, NY 12203Firm Juris No. 421261(518) 456-7200This is an attempt to collect a debt; any information obtained will be used for that purpose. This is a communicationfrom a debt collector. Calls are randomly monitored, and may be recorded to ensure quality service. Our generaloffice hours are 8:00 am to 5:00 pm, Monday through Friday, Eastern Standard Time.‘Iiet Number: CV-17-6086251-SSolomon File 26581842FOI III III RII IOI III II oeTHE HERTZ CORPORATION : SUPERIOR COURT: HARTFORD JUDICIALPlaintiff * DISTRICTv. : 03/06/19*ANDRE DAVIS ****Defendant *FOI IIIS III ROTOR I I RA aeM: ary AffidavitSTATE OF NEW YORK ) » being duly sworn, deposes and says:\1. I am overNis years of age and am an employee for the firm of Solomon andSolomon, P.c.2. This affidavit is made Pursuant to the United States Soldiers and Sailor'sRelief Act of 1940, as amended, 50 U.S.C. App. Sec. 501 et seq. for thepurpose of the entry of judgment against ANDRE DAVIS +Defendant in the above entitled action.3. I provided the Department of Defense Manpower Data Center with thepertinent information about the Defendant, such as date of birth and/orsocial security number, which I know because that information is containedon the files and business records provided by the Plaintiff and developedduring the collection of the claim, I requested a military investigationbe conducted.4. Based upon the response I received from the Department of Defense ManpowerData Center dated 03/06/19, I have concluded that the Defendantis not in any branch of the United States miljtary. KAYLA MARIE MARBLENotary Public, State of New rer Solomon and Solomon,Qualified in Rensselaer Cou! PO Box 15019No. 01MA6359311 .Commission Expires May 30,08 Albany, N¥ 12212-5019Sworn to before me this ot day of Mouc dK , 20 1G . This is an attempt to collect a debt. Any information obtained willbe used for that purpose. This communication is from a debt collector.Calls are randomly monitored and may be recorded to ensure quality service.FRHCTHFRICIMFRFCT2 PRIFRM ASTROUD 068281PRIFRM 000002 26581842 01 20190306102242 CIM AS400 BLKI 001973695 0001NDepartment of Defense Manpower Data Center Status ReportPursuant to Servicemembers Civil Relief ActResults as of : Mar-06-2019 10:20:13 AMSCRA 4.10 SSN: XXX-XX-Birth Date: XX-Last Name: DAVISFirst Name: ANDREMiddle Name:Status As Of: — Mar-06-2019Certificate ID: | OY9WCKDMOXH7BFD‘On Active Duiy On Active Duty Status DateActive Duty Start Date Active Duty End Date Status Service ComponentNA NA No. NAThis response reflects the individuals’ active duty status based on the Active Duty Status DateLett Active Duty Within 367 Days of Active Duty Status DateActive Duty Start Date Active Duty End Date Staius Service ComponentNA NA No NAThis response reflects where the individual lefl active duty status wiliin 367 days preceding the Active Duty Status Date‘The Member or His/Her Unit Was Notified of a Future Call-Up io Active Duty on Aciive Duty Status DateOrder Notification Start Date Order Notfication End Date Status Service ComponentNA NA No NAThis response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status ofthe individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, andCoast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.Michael V. Sorrento, DirectorDepartment of Defense - Manpower Data Center400 Gigling Rd.Seaside, CA 93955The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and EligibilityReporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known asthe Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that theindividual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any familymember, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to theProtections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contactinformation can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtmH##Q33. If you have evidence the personwas on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invokedagainst you. See 50 USC App. ? 521(c).This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left ActiveDuty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for activeduty on the Active Duty Status Date.More information on "Active Duty Status"Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1). Prior to 2010 only some of the active duty periods lessthan 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active serviceauthorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by thePresident and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in theunit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard ReserveProgram Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).Coverage Under the SCRA is Broader in Some CasesCoverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not bereported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101 (d)(1).Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websitecertification should check to make sure the orders on which SCRA. protections are based have not been amended to extend the inclusive dates of service.Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have notactually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRAextend beyond the last dates of active duty.Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRAare protectedWARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providingerroneous information will cause an erroneous certificate to be provided.po9 26581842 NOTICE OF JUDGMENT INSTRUCTIONS TO CLERK STATE OF CONNECTICUTAND ORDER FOR Mail copy of this notice and order fo plaintiff/plaintitfs SUPERIOR COURTattorney and retain the original in the court file. www jud.ct.WEEKLY PAYMENTS ueJD-CV-50 Rev. 10-99 INSTRUCTIONS TO PLAINTIFF/PLAINTIFF'S ATTORNEY cusPLB. § 17-23 et seq. 1. Complete Section 1. RETJGOR2, Complete "PAYABLE TO" line in Section if by filing in the nameand address of the person to whom payments are to be made.4, Aternotiteaton offudgmant send Copy to Defenders) AKand return original to Clerk's Office with the certification DOGKET NO.below completed (Section if!). DDRES: i town,95 Washington Street, Hartford, CT 06106 Judicial Housingkl District Session oO GA. No.NAME OF CASE (Plaintiff v. Defendant) THE HERTZ CORPORATION v. ANDRE DAVISNAME(S) OF DEFENDANT'S AGAINST WHOM JUDGMENT WAS RENDEREDANDRE DAVIS The following judgment may be enforced twenty-one days after the clerk receives acertification that a copy of this notice was served on each judgment debtor (defendant),JUDGMENTAfter an examination of the affidavits on file, the court finds that the above-named defendant(s) is/are not in the military ornaval service and that there is owed to the Plaintiff(s} the following:1, Amount Due On Claims $ KG Jc 3H! de 2! ). Interest _ _ S OO. Reasonable Attorney's Fees _ sO.4, OtherLawfulChages $C5. TOTAL AMOUNT OF JUDGMENT ___ $ \S, 285095{Total of lines 1-4)6. Plaintiffs Costs —_—_s SSIL5523. 7. TOTAL AMOUNT OF JUDGMENT AND COSTS(Total of tines 5 and 6) Judgment is rendered for the Piaintiff(s) to recover the Total Amount of Judgment and costs from the above-namedDefendant(s). It is further ordered that the Defendant(s) against whom judgment is entered make weekly payments as follows:AMOUNT OF WEEKLY PAYMENT DATE FIRST PAYMENT DUEWeeklyLgabA\ileh Bie PAYABLE TO (Name end address of person to whom payments are to be made)Solomon and Solomon, P.C., 1 Columbia Circle, Albany Ny 12203BY THE COURT (Name of Judge) SIGNED (Judge/Assistant clerk) DATE SIGNED This is to certify that a copy of this Notice and Judgment has been delivered/mailed via U.S. Mail,below. (Enter name(s) and address(es) of Defendant(s): eS : s zpostage prepaid to the Defendants named SIGNED (Pleintitt/Attorney for Plaintiff) DATE SIGNED. DATE DELIVERED/MAILED FRTPOO PRIFRM = ASTROUD O68381PRTFRM —«0:00002 26581842 01 20190306110905 P99 AS400 PFOO 001973703 0002Np01 26581842 AFFIDAVIT OF DEBT ‘COURT USE ONLY RE: MOTION FOR DEFAULTFOR FAILURE TO APPEAR, STATE OF CONNECTICUTJUDGMENT AND ORDER FOR SUPERIOR COURTWEEKLY PAYMENTSJD-CV-52 Rev. 5-99 INSTRUCTIONSPB. 817-25 4. Complete this affidavit and send original with your completed Motion for Defauit fo Appear, Judgment and Orderfor Weekly Payments (JD-CV-49) and Notice of Judgment and Order: ‘of Payments (JD-CV-50) to the Clerk's Office.2. Attach a copy of the contract, lease or other document, if applicable, to the completed affidavit.3. If interest is being claimed. the period covered and the rate claimed must be stated.4. if claiming attomey’s fees, a copy of the agreement must be attached. 5. Send one copy of the completed Affidevit and Motion to each defendant. RETURN DyDeeTO: The Superior Court POCKET NO. UY)Pi cv-17-dohe etsCOURT nora HOUSING GA. ‘ADDRESS OF COURT (io. steel, fown, and zip code)DISTRICT SESSION O No, ____s|{ 95 Washington Street, Hartford, CT 06106NAME OF CASE (Plaintif v. DefendanfyTHE HERTZ CORPORATION v. ANDRE DAVIS NAME(S) OF (ALL) DEFENDANT(S) AGAINST WHOM MOTION IS FILEDANDRE DAVISAFFIDAVIT OF DEBT.The undersigned deposes and says that (s)he is the Oo Plaintitfor J (title) Attorney ofthePlaintiff and is familiar with the facts stated below. The Defendant(s) is/are indebted to the Plaintiff(s) as follows:1. I am the Attorney of Record for the Plaintiff.2. I am fully familiar with the litigation currently proceeding in the Court.3. Plaintiff has provided a sworn affidavit of debt, annexed hereto, in supportof judgment .KAYLA MARIE MARBLENotary Public, State of New YorkQualified in Rensselaer CountyNo. 01MA6359311Commission Expires May 30, SOAS Continuation of this affidavit of debt.is attached and made a part hereof. ‘SIGNED (Affiant) vi PRINT NAME OF AFFIANTJulie B, Solomon Subscribed and sworn to before me: FZ ip orn Pe. mm LLL. ¢ Qi 2.) qCn Q FRTPOL PRTFRM = ASTROUD «06 8391PRTFRM —«0.00002 26581842 01 20190306111256 POL AS400 PFOO 601973704 000iNRRR RR RE oR HERE bieTHE HERTZ CORPORATIONPLAINTIFFv.ANDRE DAVISDEFENDANTFEA IOI OOO ERESTATE OF OKLAHOMA.COUNTY OF OKLAHOMA SS:SUPERIOR COURTHARTFORD J.D.INDEX NO.AFFIDAVITRichard Hester being duly sworn deposes and says:J am an employee of The Hertz Corporation (hereinafter “Hertz”) and have been anemployee of the company for over 15 years. I am presently a Collection Analyst at thecompany and have been in this position for approximately over five years. Prior to this, Iwas a Receivable Administrator where I was responsible for the supervision and supportof Hertz Account Control Representatives in performing their daily duties.As part of my duties as Collection Analyst, I am responsible for reviewing contracts,damage estimates and other information with relation to any losses due to rental cardamages, past due rent, or related losses arising from any rental.I am familiar with the manner and method by which The Hertz Corporation creates andmaintains its normal books and records.Thave carefully reviewed all documents relating to the claim underlying the above-captioned civil action. From the books and records kept in the regular course of Hertz’sbusiness, the entries in them being made in the regular course of business by a personwhose business duty it was to make the record, and the entries in them having been madeat or near the time of the occurrences, I have personal knowledge of the cause of actionupon which Plaintiff is suing.10.11.On or about 09/26/2015 the Defendant entered into an Agreement with Hertz for therental of a 2015 Nissan Sentra SV model vehicle. The Defendant did not elect to purchasethe optional Loss Damage Waiver at the time of rental. Copies of Rental Record andRental Terms and Conditions are annexed hereto as Exhibit A.Under the Loss Damage Waiver (hereinafter LD W), a renter would not be responsible fordamage caused to the vehicle or any incidental damages arising from its use as long asthe rental vehicle was being operated by an authorized operator and the terms andconditions of the rental agreement had not been violated.Absent LDW, in the event of any loss or damage to the rental vehicle, regardless of fault,the renter’s financial responsibility extends to the full value of the vehicle at the time ofrental, less its salvage value, plus expenses for towing, storage impound fees, anadministrative fee and a reasonable charge for loss of use. See paragraph 4(b) of theterms and condition annexed to Exhibit A.On or about 09/27/2015 the Plaintiff's vehicle was involved in a collision while beingoperated by the unauthorized operator.The Plaintiff's property was significantly damaged as a result of the incident. Eight (8)black and white photographs that depict the damage are annexed hereto as Exhibit B.The estimated cost to repair the vehicle was $32,469.62. A true copy of the estimate ofrepair is annexed hereto as Exhibit C.The vehicle was totaled as a result of the incident. The pre-incident fair market value ofthe vehicle was $16,298.00, using Auto Source Valuation which averages the marketprices of vehicles from multiple sources and Tra National. A true copy. of the valuationsare annexed hereto as Exhibit D.12. Upon my review after the complaint was filed in this matter, I noticed that a salvagecredit was not applied and thus, the damages sought in the complaint should be reducedby $200.00. A true copy of the salvage information is annexed hereto as Exhibit E.13. The Plaintiff also incurred loss of use expenses in the amount of $2,170.20 andadministrative expenses in the amount of $117.75. A true copy of the Hertz SubrogationWorksheet annexed hereto as Exhibit F.14. The Defendant is obligated to pay for the fuli amount of damages based upon the contractbetween the parties.15. Although duly demanded, no portion of the sum owed to the Plaintiff has been paid,leaving an outstanding balance of $18,585.95 less $200.00 credit for salvage value for atotal of $18,385.95.Dated: Lew /S » 2017WZ CLERICHARD HESTERSTATE OF OKLAHOMACOUNTY OF OKLAHOMA SS:SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for thejurisdictionaforesaid, by Lr: Li és — ____, who is personally known to me and whoacknowledged before me his/her signature to the foregoing Affidavit.Given under my hand and seal this_/5 dayof LecenK— __, 2017Notary Public ? : —EXHIBIT AmeioFLCCEZ. Rental Record# 651561072 ANDRE DAVISVehicle: 2015 SENTRALotG Space: 237 License.CT 1AWNF3Rental Rate* 1@§ 3149perday TS 31.49} 76.80 7: Unlimited Mites eo —"Additional Products 42.0012.00; 0Heel aeeponstbilty per day $ 9.00 per hour T $Level (FULL 8/5)vanes tne oi papa amet e§ ice anesCONCESSION F&E RECOVERY 114% Ts 5.00CT SURCHARGE 7.00ENERGY SURCHARGE Ts 149Tax 12.630% On Est. Taxable TH $ 98 § «6.31ADJUSTMENTSTOTAL ESTIMATED CHARGE $ 8&8.WwwoRented by The Hertz z Corporati jona riled #§503909LocNum: CTHAR11 10172011ut 3869 Pian’ MCLE Class: AMeet Location: aa BRADLEY INT'LRental Time. 09/26/15 8: Rt PMReturn Location: PARTEGRD- Bi EY INTLReturn Time: 09/27/15 at 6:40 PMRental Extensions/Changes 1-800-654-4174Energonoy Road ee vate Ylaytes at return.P@1 OF 6#01 RTaon 6Her € Z . Pozors#oirt RR 651861072Aan AeFarther information relating to Your tental charges, and other terms towhich You agrae, appear below. "FUEL & SERVICE CHARGES: PURSUANT TO PARAGRAPH 8 OF THERENTAL AGREEMENT, FUEL & SERVICE CHARGES APPLYAT§ 9.59 FER GALLON OR, IF YOU DO NOT BUY FUEL DURINGTHE RENTAL AT$ 344 PER MILE. BOTH RATES PRODUCEAPPROXIMATELY THE SAME RESULT.YOU AGREE TO OPTIONAL SERVICES OF:Low DECLINED:us DECLINED - OUR LIABILITY PROTECTIONIS SECONDARYPAUPEC DECLINEDPREMRD SVC DECLINEDOTHER FEES AND ASSESSMENTS:CONCESSION FEE RECOVERY T 11.41%CUSTOMER FACILITY CHARGE § 6.00PER DAYCONNECTICUT SURCHARGE $ _1,00PER DAYTAXRATE- 12630%. APPLIES TO ALL CHARGES MARKED TTAX/FEES INCLUDE CT SALES TAX PLUS 3% CAR RENTAL‘SURCHARGE.‘No "Additional Authorized Operators” Without Our Prior WrittenApproval.YOU CERTIFY THAT YOU ARRIVED BY PLANE WITHIN THE PAST72. HOURS,CDP (0#DB9Passenger Capacity: The Passenger Capacity Of This Vehicle IsDetermined By The Number of Seatbelts And, By Law, Must Not BeExceeded. While In Thé Vehicle, Please Fasten Your Seatbelt.It Saves Lives And i's The Law. Should You Require A Larger Vehicle,Please Check At The Counter For Availability,y You Will Be jed An Administrative Fee Along With TExpenses if The Mant Be Toned fa F Ree Cr youra profit ra all ae Gearing fe ree will ereat Basis ey Bes eth in osPare! Ping ‘ieee+ You Are Required To Contact Us To Extend The Rental if The Car WillNot Be Returned By The Due Date On The Rental Record. If TheVehicle {s Sera by More Than 2 Days, And You Fail To Contact Us,An Overdue Admini PE be chrged To. SexAdministrative Efforts And Related Co:RESID: 7054498986 = PLAN- MCLE CLASS-APREPARED BY; 0074/CTHAR1 PRINTED: 09/26/15 18:44651561072onto CZ. po 30Fé#oiRT RR 651561072cca REFUELING OF TONS ;TU po OURS no NR SNR MeeRE NS SeTONS8‘Most Herlz rentals come with a full tank of gas, but that is not always thePER Eo mounenica nePAUSE SUR NHR NDT,‘Youwil not pay @ change for fuela. For ra sel et lpeaton:|FYOU DRIVE 75 MALES OFLESS, as determined by subtracting the Car's odometer reading atdane once eae abet PeeAT ike OF RETR NOH THAT FURLWITHATVED IT.not produce such a receiptd the <=75 mle Fuel andthe Rental Record, to thei@eeaa%x&23uartasisaula seg23ziFR9zBesESihgi3inaesagesa223;sa:=ati;=2s5Hi=Zi#:8£27°etekBe|Bicedez7§gagsaegeerEetez Fesz 5zaciosai25aan==eeziiziBe, times the per. rateNETHOUS ARE USEO FOR R EASE OFCALCULATION, THE PER: MILE/KiLOMETER AND PER-GALLONor you CHOOSE TO Sete FURL FR rat THEBEGNRING OF YOUR RENTAL BY SELECTING THE ELPURCHASE OPTION, You will be charged as ‘on theRecord for thet IF YOU THIS aN you LLNOT II NY eo ee ee BUTYOU WILL NOT RECEIVE ANY. FOR FUEL LEFT IN THETANK Al TIME OF RETURN, except in the following cases:. i, 7 You return the Cer wrth 2 full tank of{uel You wl receive a Gre for the senount previously charged! for0hase of fuel from Hertz.b, If You drive the Car 75 miles or less from select locations, You‘will receive credit for te amount previou: ed forpurchase of fuel from Hertz and wil be ¢hi <=75 mile Fuelat the rate specified on the Rental Record,to the extent law,EXCEPT FOR REN! PS SOA ACH CLAUSE (2), 08 (0) OFSUBPARAGRAPH 8.{3) BECOMES APPLICABLE, GALLONCOST OF THE FUEL OPTION WILL ALWAYS BE LOWERTHAN SERVICE PIF YOU ELECT THE FUELPURCHA ION YOU WILL NOT SNE CRED FOR PULLEFT IN THE TANK AT THE TIME OF RET THEeens IS YOURSELF AT THE LOCAL CESTATION Wit! LTB LOWER TON Te LANDCHARGE OR THE FUEL PURCHASE OPTION HOWEVER,THE FUEL AND CHARGE AND THE FUEL PURCHASEOPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TOSTOP AND REPUEL THE CAR PRIOR TO RETURN.651561072CZ. pe4orseoirtT RR 651581072ICTIMPORTANT INFORMATION REGARDING TOLLS‘You are responsible to pay all tols. For your convenience. we offerPiatePass, an-electronic tol payment system operated by PlatePassLLC, for use on toll roads in the seas specified below.In the following areas all our vehicles (even without a windshield tolltransponder) nay use any cashless electronic toll lane: The entireStates of FLORIDA, GEORGIA, COLORADO, NORTH CAROLINA, andTEXAS, the SAN FRANCISCO BAY AREA BRIDGES, and In Seattle,the TACOMA NARROWS BRIDGE and the SR 520 BRIDGE.TO USE PLATEPASS IN THESE AREAS, pass througt a cashlesstoll lane. You will be billed automatically as outlined below.IF YOU DO NOT WISH TO USE PLATEPASS IN THESE AREAS,use only traditional cash toll lanes (if available) and make paymentdirectly to the toll authority a{N DELAWARE, ILLINOIS, INDIANA, MAINE, MARYLAND,MASSACHUSETTS, NEW HAMPSHIRE, NEW JERSEY NEW YORK,OHIO, PENNSYLVANA, VIRGINIA AND WEST VIRGINA,only vehicles equipped with a windshield toll transponder mayaccess the cashless toll lanes (The toll authority may allow for an.alternative pay method, such es payment by rail),TO USE PLATEPASS IN THESE STATES, slide the transponder out-of the shield box and pee reve Bonetfens tl ie! ‘You will bebilled automatically as outinedIF YOU DO NOT WISH TO em PLATEPASS.N THESE STATES,keep the transponder fully within the shield box and use onlytraditional cash lanes {if avaltable) to make payment directiy to thetoll authority. tebe ee aeNOTE: Cortain toll roads do not accept cash. If you travel on.‘uch a toil road without a personal transponder that can be usedon the toll road, you will be required to use PlatePaes and be billedautomatically a8 na cel baton cr inet 208, char pes’ or winksfor wehich you weill be responsible. For toil roads in SouthernCalifomnis that do not accept PlatePass, you will also be charged anatininistrative fee of $30.00.‘Where permitted by Toll Authorities, you may opt to use yourpersonal transponder. Follow the instructions above for NOTutiizing PlatePass and install a compatible transponder properly.E PistePasa is used, PlatePass LLC will charge eae1 SC er ene Of Yeer ranial Reetucingaetna thes Iecones tae cv ee op otjenn I} phe incurred tolls at the Tolloll rata or highest undiscounted toll rate. eeP ass LLC wilseparately charge your credit or debit card the applicable chargesafter the close of your rental. Charges typically take 1-3 weeks afterthe rental clases to appear on your statement, but a longer delaymay occur, Gash customers will be invoiced,FAILURE TO PAY ALL TOLLS MAY RESULT IN A TOLL CHARGEAND/OR VIOLATION. You will be charged for any toll/parkingftrafficcharges, violation fines/penalties incurred, plus applicable administrativefees. You authorize us to release your billing/rental Information toPlatéPass LLC and American Traffic Salubons to process and bill all‘such foll, violation, and administrative charges and service fees,651561072ACLARBITRATION PROVISION: THIS AGREEMENT REQUIRES:ARBITRATION OR A SMALL CLAIMS COURT CASE ON ANINDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS.ACTIONS, BY ENTERING INTO THIS RENTAL AGREEMENT,YOU AGREE TO THIS ARBITRATION PROVISION.Except for claims for propérty damage, personal injury or death, ANYDISPUTES BETWEEN US MUST BE RESOLVED ONLY BYARBITRATION OR IN A SMALL CLAIMS GOURT ON ANINDIVIDUAL BASIS, CLASS ARBITRATIONS AND CLASS ACTIONSARE NOT ALLOWED. YOU AND THE RESPECTIVE HERTZCOMPANY IDENTIFIED ON PAGE ONE OF THS DOCUMENT(HEREINAFTER "HERTZ") EACH WAIVE THE RIGHT TOA TRIALBY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER ASA CLASS REPRESENTATIVE OR CLASS MEMBER. You and Hertzremain free to bring any ksues to the attention of governmentagencies.This Arbitration Provision's scope is broad and includes, withoutfirritation, any claims relating to any aspect of the relationship orcommunications between us, whether based in contract, tort, statute,fraud, misrepresentation or any other sitter theory. It is governed bythe Federal Arbitration Act @USC; §In argy arbitration under this Arbitration Provision. all issues are for thearbitrator to decide, including his or her own jurisdiction, and anyobjections with respect tothe existance, scope or validity of thisArbitration Provision. The arbitration will take place in the county of‘Your billing address unless agreed othennise.The American Arbitration Association (AAA) wil administer anyarbitration pureuant to its Consumer Arbitration Rules (the "Rules").‘You can obtain the Rules st www.adr.org.‘You or Hertz may commence an arbitration by providing @ writtendemand for arbiration to the other (to Hertz, The Hertz Corporation,225 Brae Bivd., Park Ridge, NJ 07656, Attn: Arbitration) and twoSOP eanereAl eerie If You seek $10,000 or less throughHertz will reimburse You for any AAA required filing fee.‘The arbitrator may award injunctive rellef as well as money, but only infavor of and 2s warranted by the claim of the Individual party seekingrelief. Ju ‘on the arbitration award may be entered in any courthaving . An arbitration awerd and any judgment confirming itApply the spel pares i that cas ad cant be wed iany other case except fo enforce the award itself. The arbitrator maynat consolidate more than one person's claims, and may not otherwisepreside over any form of representative or class action.IF YOU DO NOT WISH TO AGREE TO TH ARBITRATIONPROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILINGUS AT no artitration@hertz.com OR BY MAIL TO The HertzCorporation, 225 Brae Bivd, Park Ridge, NU 07856, Atin. Arbitration.Include Your name, address, the number at the top of this RentalRecord, and a clear statement that You do not agree to this ArbitrationProvision. If you have previously notified Hertz of Your decision to optout of arbitration, You do not need to do so again, 651561072ewe a8)Fi fe ‘2. pg sorexoirT RR 651561072MiTO BE CHARGED To:VISA XKOOKXOOKKKI246 «<< AUTH$ © 263.00/026593Le ee fi care$0 caveat ai ls ‘your réntal Your declining the optional Lil Insurancesh plement en) Pa ob fhe femal ti Terms will applyfey aning % a wi agree that anyAone ope hl play hb evoclaims arising ig from the operation of the Car, suchParry ster pay Sage Oa heers!Fimats of such Saas PNOTICE. This sonlract offers, for an additional charge.a Loss Da {LD |. afich is ophond, io everPar ch Fl lity for a a of the Car -- seereement Teme id Condifions,on the folder (GI N1909005) delivered to Youwie he fd Record er Rental Terms). Your own autoingrances policy ore: ard agree reement may coverision damage, fire and het image and personalny incurred while using @ rental motor vehicle Theides LDW on this vehicle is $29.99 per day35 on an annualized basis).By signing below, you acknowledge that You have read,understand, cl ccepl and agree to the above and the RentalTerms, and You acc pt oF ¢ or getline the Optional Services asshown on Card 4 aniMGLZPIS65156072Our Privacy Policy governs the use of data about you. A copy of thepolicy is available at the rental counter and online et hertz.com.COMMENCEMENTFROM ANY 01 STYPR SOURCE AND, 80, 1H TERS AND ‘OF THE RENTAL,sue Sel a ER eerTO CAR . OAR B BITED USE FT A ASB rane po ezu Suma3 wee ve2 walEXPT BIOLOGICALLY ACTIVE MATE-- Bato Yaar Ae DOUS TO EUMAN FEALDep TO any HOLOGIeALy ASTIN ‘oARADIOACTIVE MATER ol (DEVELOPMENT :' OR PURPOSES NCDENTAL THERETCE .i ij FOR RENTALS IN HAWAIL TAKE On AI TOARE THE CAR Gor THe SANDS OF HAW. 5 ANDANY USE OF THE CAR IN'A MANNER PROHIBITEDABOVE:. b TO THE EXTENT PERMMITED BY APPLICABLE: GE. TO THE CAR, EVEN IF YOU HAVE' ACCEPTED LDW OR POW, ieih, TO: THE EXTENT PERM APPLICABILAW, WILL GAUSE YOU TO. ‘THE BENET OFP COVERAGE HABINTY. INSURANCE SUPPLEMENT \) AND" LIABILITY PROTECTION BROVIDED BN FIERONDER THIS AGREEMENT; ANDii; WILE, CONSTITUTE A BREACH OF THIS AGREE.FulLLEST EXTENT PEAIAITTED.ACTUAL: AND CONSEQUENTIAL DAMAGES, TOtees RETATED COSTE AND ATTORNENS: we ;43reeENT, MAKING YOU: RESPONSIBLE;. TO.FULLEST EXTENT HY LAW FOR THE fLge eeeCie are te manera&az 7 | aul tk of gas, Hut that Is thot ehways the case.aca sinner ppg git mete ANS eee a tn AR AAR, eee! e —earscain ee ene pidGene epee ee i+iii4>LiLES panera |EERIE cannacic at Teaotteeeiatconaalae nied civeragas afced by RERTTZ (LS iid P vie a cupaes See ae aCer cD‘COVERAGE: ;cee aleci Yor te |OEIIABUITY, | sane enon trea of(Sear Sra ca eemateengem mm |os Yow spt PA/ PE Ov is Petal Asood, coverage 1b reve dhtng theEXHIBIT B3102°OL°OhEXHIBIT CMURPHY APPRAISALBRISTOL, CT 06011-0171PHONE: 860-589-0463 FAX: 860-689-9467EMAIL ADDRESS: JMURPHYAPPRAISAL@GMAIL.COM | “ ESTIMATE = |10/25/2015 03:45 AMOwnerOwner: Hertz Rent a CarCity State Zip: ‘Windsor Locks, CT FAX:Control informationClaim #: 1793-6503309 Insured Polity #: 1793W33665ALoss Date/Time: 10/16/2015 Loss Type! CollisionDeductible: UnknownFile #: 10161544 Accounting #:insured: Heriz Rent a CarCity State Zip: Windsor Locks, CT FAX:inspectionInspection Date: 10/14/2015 Inspection Type: FieldInspection Location: Hertz Rent a Car Contact:City State Zip: Windsor Locks, CT FAX:Primary impact: Left Side Secondary Impact: Left Rear ComerDriveabie: No Rental Assisted:Appraiser Name: Jim Murphy Appraiser License #: 919719Address: WorkiDay: (860/589-9463Celt: 7902-2295City Stata Zip: FAX: (860}589-0467Emali; jmurphyappraisal@gmail.comRepairerRepaires: N/A TOTAL LOSS Contact:Target Complete Date/Time: Days To Repair: 35Vehicia2015 Nissan Sentra SV 4 DR Sedan4cyl Gasoline 1.8‘Continuously Variable TrLic.Plate: 1AW NF3. Lic State: CTLic Expi VIN: SN1AB7AP2FL664723Veh inepi : Mileage Type; Non ReadableCondition: Good Code: Z1784GExt. Color: RED PRL Int. Color:Ext. Refinish: Two-Stage Int. Refinish:Ext. Paint Gode: NAH Int. Trim Code:Options40/25/2016 04.03 AM Page Yor?‘2015 Nisear Sentm Sv 4 DR-SocianGone th ‘UZ52015 DBAS AM‘tet Row LCD Monitor(s} ‘2nd Row Head Airbags 5 Passenger SeatingAMFM CD Player Alr Gonditioning Alarm SystemAnt-Lock Brakes Auxillary Audio Input Bucket SeatsCanter Console. Compact Spans Tire cnu*tse ControlDual Airbags Electric Halogen HeadlightsHead Airbags intermittent Wipers Keyless Access SystemKeyless Entry System Keyleas Ignition System LED BrakelightsLeather Shift Knob Leather Steering Wheel Lighted Entry SystemMP3 Decoder Overhead Console Perimeter Alarm SystemPower Brakes Power Door Locks Power MirrorsPower Windows: Pwr Accessory Outlet(s) Rear View CameraRear Window Defroster Rem TrunteL/Gate Release Side Altbags.SiriuaXM Satellite Radio Split Folding Rear Seat Stabillty Cnt4 SuspensnStaal Wheels: Sirg Wheel Radio Control TachometerTheft Deterrent System Tit & Telescopic Steer Tinted Gises‘Tire Pressure Monitor Touch Screen Display. ‘Traction Control SystemTrip Computer VelourCloth Seats Wireless Audio StreamingWheless Phane ConnectDamagesUne Op Guide MC Description MFR.Part No, Price ADS% BY Hours RUnibedviF rams1 { M7 Unibody Frame Repair Repair 6o° FR2 c 6 Cover,Front Bumper 620223SHO) $202.28 06 SM3k & 13 Cover,Front Bumper Refinish a7 RF2.6 Surface08 Two-stage setup0.5 Two-stageaE 5 Ralnf,Front Bumper F20323SHMH $237.74 2.3 SM5 E 446 Chip,Fit Bumper MULTLPART $148 inc | SM68 E 1033 Clip,Frt Bumper LT O16532DR9A, $0.37 inc SM7 E 1034 Clip,.Frt Bumper RT O185320R9A, $0.37 (NC ‘SMaE 12 Grile,Frt Bmpr Cvr 6225438HO0A $78.36 (NG SM@L 11 Prep Raw Fri Bmpr Gur ‘Refinish os RF0.5 Surfacew E 16 ‘Shield.Lower Alr B26834ATOA $102.24 INC SM11 4 Fitler,Front Bumper LT 622573SHOB $34.67 (Nc. SM12 s Filler,Front Bumper RT 622563SHOB 334.21 INC SM13 & 13 Panal,Frt Bmpr License 262103SHOA. $40.41 02 SM14 &€ 7 Absorber,Front Bumper 620903SHOA $88.76 we OSM16 & 16 Gri,Front Bumper Mig LT. 622253SHOA $18.16 INC | 6SM16 £ 17 Brk,Front Bumper MigRT 622243SHCA $14.05 NC) OSM7 E 19 Brkt,Front Bumper MigLT © @51153SHMA $244.10 2 SM18 4 18 Bri,Front Bumper Mig LT Refinish 04 RF04 Surface19 E 20 Brki,Front Bumper Mig RT G51143SHMA $125.74 02 SM204 2 Brk.Front Bumper MigRT = Refinish 04 RF04 Surface21.€ 28 Grille Assembly 623103SHOA $217.19 INC SMae 44 Headlamp Assy,Halogen LT 260603SG2A, $285.84 INC 3M23 € 42 46 Headlamp Assy,Halogen RT 280108SG2A $205.84 INC SMaN O73 Headlamps Alm Additional Labor o4 SM 10/2505 04.208 AM Page 207aay 7 Seats See ADA52075 OSHS AMRadiator Suanort26 E 7 Panel, Upper Rad Mtg LT F25133SGMA $108.19 1.6 SMmL rad Panel,Upper Rad Mtg LT Refinish O4 RF0.4 Surfaceae 14 Baffie,Radiator Panel LT S2B233SHOA $23.76 Inc) | =—-SM28 N 880 ASC Evac Rechrg & Revr Additional Labor 16 ME28 E 83 Panel, Hood FS1003SGMA $510.36 10 SMwk 83 Panel, Hood Refinish 47 RE29 Surface4.2 EdgeTwo-stage.aE 88 Latch,Hood Panel SS6013SC0A, $56.28 ING SM2 EE 1081 Supt,Hood Lock Vert F25603SHMH $40.00 ING SM33 £ 84 Hinge,Hood Panel LT G54013SG0A $33.74 16 SM34k 64 Hinge,Hood Panel LT Refinish 03 RF3 Surface35 E 85 ‘Hinge, Hood Panel RT ‘654003SG0A $32.78 15 SM364 65 Hinge,Hood Panel RT Refinish o3 RF@.3 Surface37 E sO Label,Hood T48053RC0A, $4.73 1 SM38 E 68h Label, Hood 27080C945R $4.05 oA SM3 E 1690 Label,Hood 980633TA0A $0.60 at SM40 € 182 ‘Clip,Hoed Insulator MULTLPART $15.20 SMa & 4103, Fender,Front LT F31013SGMA $260.98. 04 SM42 tb 103 Fender,Fromt LT Refinish 27 RF1.8 Surface06 Edgs0.4 Twostage43 E 104. Fender,Front RT ‘F310G3SGMA $243.95, 04 SMtL 404 Fender,Front RT Refinish: 27 RF1.6 Surface0.6 Edge0.4 Two-stage4 E 128 Brkt,Front Fender LT F31613SGAA $98.76 a4 SM4 E& 120 Brkt,From Fender RT F31603SGAA $34.03 o1 SM47 E 143 Windshield, Tinted T270038RO0A, $613.41 38 «8M48 — 164 Dam,Windshield 727163SG0A $10.90 ING SM49 EC 144 Sealant KitW/Shield QUALITY REPL. PART $23.00° ING 3MSOE 163 Midg,.WiS Reveal Side T27503SG0P. $93.95 ING SMSI E VT Grille, Upper Gow! 888623SG0A $168.00 a6 SMS2 £ 107 ‘Skit Inner Fender LT 638413SHOA $72.21 ING SM§3 E 1029 Retainer,Front Fender LT MULTI-PART $92.85 ING SM64 E 782 Shiew, Engine Lower 758923SHOA. $121.06 04 ME65 E 903 46 Wheel,RearLT 403003RB10 $307.87 04 SM56 E 923 Cover,Rear Wheel LT 4031 8SNFOR $26 67 SM87 N me ‘Susp Align,4 Wheel Additional Labor 21 MEBoot A8 E 940 Altbag,Roof LT SBEPI4ATOA $846.21 ING MEas E 944 Alrbag,Roof RT SBSPO4ATSA $848.21 ING ME@ E 341 Panal,Roof G31123SGMA $277.71 78 SMei L 341 Panel,Roof Refinish 33 RF DIES2O1S 04:09 AM Page 30t7Rane NOzH/015 0345 AM, 3.3 SurfaceINC Two-stage62 E 1168 Midg,Roof Drip LT T3BE33SG0A $87.14 Inc SM63 E 900 O1 Panel,Instrument 682003SG0A $951.69 87 ME64 E 926 01 Ajrbag,Steering Wheel 985103SGBA, $807.62 INC ME‘Genter Console And Sext Tracks66 E ost Module Alrbag Control ‘SBBQ04ATSA $431.57 0.2 ME68 E 203° «01 Alrbag & Seat Assy,Frt LT 876013SB4A $2,807.98 Nc: MEEront Ooore.67 E 207 Door Shell,Front LT ‘HOT01SAMMA $732.29 65 SM68 L 207 Door Shell,Front LT Refiniah 34 RF2.0 Surface.1.0 Edge0.4 Two-stageee E& 245 Tape,Front Door LT 80B1838G1A $22.40 O2 SMTOE 444 Tapé,Front Door LT ‘808173SG1A $21.76 O22 SM1 E& 267 Cover,Frt Door Mirror LT 9B3743TH3A $37.84 4 SM7 287 Cover, Fit Door Mirror LT Refinish 04 RF0.3 Surface0.1 Two-stage73 E 270 Housing,Mirrar Outer LT 963023SGO0B $173.74 ING SM74 E 1272 Gastet,Front Door LT BOBSZONOGA 20.50 woe OSM76 E 1281 ‘Gasket,Front Deor LT BOBS4SN00A, #290 ‘NC SM7% E 227 Handle,Front Door Otr LT B06403SGOA 953.41 INC SM77 E 1364 ‘Supt,Frt Door Handle LT 6061 138G0A, $185.05 INC SM78 E 287 Door Shell,Rear LT H21019AMMA, $045.78 5.0 SM79 Ll 287 Door Shell Rear LT Refiniah 29 RE19 Surface10 EdgeINC. Two-stageaw E 1173 Cover,RR Door HandieLT 826469N00A $14.17 ot SMBi E 516 Tape,Rear Door LT 828173SG1A $22,00 a2 SM62.E 572 Tape,Rear Door LT £28183SG1A $16.10 a2 ‘SM83 E 1338 Gasket,Rear Door LT 806522N00A, $0.50 ING SM84 E 1378 ‘Gasket,Rear Door LT BOBS49NOOA, $2.90 ING SMBE 35 Handie.RR Door Outer LT B2B402N00A $25.86 INC. SM6 E 1305 ‘Supt.RR Door Handie LT 806113SG0A $185.05 INC SM87 Lo 389 Panel,Querter LT Refinish 37 RF22 Surface16 EdgeINC Two-stageas L 320 Panel,Querter RT Refinish 38 RF24 Surface16 EdgeINC Two-stage89 & 389 Pni,Qtr {in Window Cpn LT — GB10138GMA. $779.28 16.0 SM2 E 300 Pnl,Qtr (in Window Opn RT = G81003SGMA $779.26 16.2 SM91 BR 397 Door,Fuel Filer RT Blend Refinish 02 RF0.2 BlandINC Two-stage92 E 448 Reinf,Tilmp Opening LT G814143SGMA $75A0 INC SM9 L 448 Rainf,Tiimp Opening LT Refinish o4 RF04 Surface ‘YOI25/2015.046.03 AM Pages of?2085 | pasta ‘SV 4 DR Sevan an4 E 449 Reinf.Timp Opening RT G81403SGMA $110.72 nc SM95 Ll 44g Reinf,Tiimp Opening RT Refinish 04 RF. 04 Surface96 EC 487 Sealant Kit,Qt Glass LT QUALITY REPL. PART $18.00° INC SMa7 EC 468 Sealant Ki,Gw Glass RT QUALITY. REPL. PART $16.00" Inc. SM96 E 401 07 Pni,Wheelhouse OuterLT — G67113SGMA $337.69 52 SM2 lL 401 Pni,Whealbouse Outer LT Refinish 08 RF08 Surface.100 E 369 Back Giaas,Heated : 3688.84 36 SM101 EC 370 Sealant Kit,Back Glass QUALITY REPL. PART. $23.00" ING SM102 E 434 Dam,Back Glass T97163SG0A $8.22 INC: SM103 E479 Ud,Reer Deck H43003SGMA $503.33 24 SM10a L479 LidRear Deck Refinish 30 RF2.0 Surface1.0 EdgeINC Two-stage105 E 486 N/Plate,Deck Lid 848003SH1A $71.66 o2 su108 E 484 NiPiate,Dack Lid 848853SH7A, $33.38 02 5Mior E 518 Emblem,Deck Lid S48903RAGA $43.33 0.2 SM108 E 481 01 Hinge,Deck Lid LT H44003SGMA $222.64 02 SM108 L481 Hinge,Deck Lid LT Refinish: 03 RF0.3 Surface110, E 482 01 Hinge.Deck Lid RT H44003SGMA, $222.64 O2 ‘SM11 L482 Hinge,Deck Lid RT Refinish 03 RF3 Surface12 € 666 Cover,Rear Bumpar 850223SHOS $345.91 14 8M113, L (566 Cover,Rear Bumper Refinish 3.2 RE2.7 Surface. 0.5 Two-stage114 E 1168 Clip,Rear Gurnper LT MULTI-PART S048 INC SM116 E 1170 Glip,Rear Bumper RT MULTI-PART. $0.48 INC SM118 E 565 Reinf.Rear Bumper $243.76 ING = SM117 E 587 Absorber,Rear Bumper 850803SHDA $95.88 INC SM118 E 570 Brk.Rear Bumper Mig LT $28.10 inc SM119 E871 BrktRear Bumper Mig RT HOA, $26.10 INC. SM120 E 57% Brkt.Rear Bumper Mig LT 8521136HO0A $84.55 ING ‘SM121 L568 Prep Raw RR &mpr Cvr Refinish Os RF0.5 Surface122 E 1089 Refiector,Rear BumperLT 2686050000 $36.33 INC SM123 E 1090 Reflector,Rear BumperRT — 265655C000 $96.33 INC SM124 E 1612 Extn,Floor Pan LT G45353SHMA $207.00 1.0 SM126 L 1612 Extn,Floor Pan LT Refinish 02 RF0.2 Surface128 E 509. Panal,Rear Body GO1103SGMA $748 64 SM127 L509 Panel,Rear Body Refinish Ww RF14 SurfaceG6 Edge128 E 592 Well, Spare Tire G45143SGMA $702.90 135 SM122 592 Well,Spare Tire Refinish 1.3 RF1.3. Surface130 E 533 Taillamp Assembly,Otr LT 285553SG0A, $204.21 INC SM131 E835 Tatlarnp Assembly,Jnr LT 265653SH5A $180.19 ING SM132 EC M03 Flex Additive QUALITY REPL. PART $20.00° sm Page Sot?216 Nsan’ Sent Sy 4 DR SevenAme 10252016 0345 AM133 L Mid Compsion Protection Refinish 0.5" RF134 EG MIT Cover Gar Extetior QUALITY REPL. PART $16.00" aa* SM*>> 2x - Primer & Base/Clear stages135 N M18 ‘Set-Up And Measure Additional Labor 20 FR138 SB M25 Tire-Let Rear,Balance Sublet Repair $15.00" ‘SM137 SB MBO Hazardous Waste Remove! Sublet Repair $3.00 SM138 N MB2 Collision Access Time Additional Labor 7 1 SM132 EG = M6B Caulk QUALITY REPL, PART $45.00" o4* SM140 EG M70 Cover Car Interior QUALITY REPL. PART $10.00" o4* SMP>> 2x » Primer & Base/Clear stages140 temsMG Message01 GALL DEALER FOR EXACT PART#/ PRIGEor STRUCTURAL PART AS IDENTIFIED BY LCAR13 INCLUDES 0.6 HOURS FIRST PANEL T¥¥O-STAGE ALLOWANCE46 PRINTABLE ALTERNATE PARTS COMPAREEstimate Total & EntriesGrose Parte $20,133.51Other Parts $167.00Palnt & Materials 48.6 Hours @ $28.00 $1,304.80Parts & Material Total $21,605.31Tax on Parts & Material @ 6.350% $1,371.04Labor ‘Rate Replace RepalrHre Total HrstireSheet Metal (8M) $52.00 102.1 14 103.5 $5,382.00Mech/Elec (ME) $52.00 9.3 3.9 13.2 9686.40Frame {FR) $52.00 B80 80 $418.00Refinish $52.00 46.6 488 $2,423.20Labor Total | 171.3 Hours. $6,907.60Tax on Labor @ 6.350% $565.83‘Sublet Repairs $18,00Tax on Sublet @ 8.350% 1.14Greas Total $92,400.62Less: Deductible Unknown-Net Tota! $32,468,862 TOTAL LOSSAlternate Parts Y/02/0@00/02/02 CUM 02/00/00/02/02 Zip Code: 68010 LOCALAudatex Estimating 7.0.621 ES 10/25/2018 04:03-AM REL 7.0.621 OT 10/01/2015Copyright (C) 2015 Audatex North America, Inc.3,5 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX’S TWO-STAGE REFINISH FORMULA,ESTIMATE CALCULATED USING THE 2,5 HOUR MAXIMUM ALLOWANCE FOR TWO-STAGE REFINISH CF NON-FLEX, EXTERIORSURFACES. THIS IS NOT AN AUTHORIZATION TO REPAIR, AUTHORIZATION COMES FROM CWNER,NO SUPPLEMENTS WITHOUT PRIOR APPROVAL. THIS IS AN APPRAISAL FOR VISIBLEDAMAGES ONLY. ALL WEARABLE PARTS MAY BE SUBJECT TO DEPRECIATION AND BETTERMENT $O/25/2015 G48 AMPage bot2055 Micean Senta SV 4 DP SockFlame tas tiay 7 Sem rovestomne 33.45 AneREDUCTIONS. THIS SPECIFIES AND INTENDS THAT ALL REPAIRS AND/OR PARTSREPLACEMENTS LISTED HEREON BE MADE IN STRICT ACCORDANCE WITH THEMANUFACTURER'S SPECIFICATIONS AND RECOMMENDATIONS.NOTICE: THI REPAIR ESTIMATE IS BASED IN PART ON THE USE OF REPLACEMENTPARTS WHICH ARE NOT MADE BY THE ORIGINAL MANUFACTURER OF THE DAMAGED PARTSIN YOUR MOTOR VEHICLE.NOTICE: YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERETHE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED. Op Codes.# = User-Entered Value E_ = Replace OEM NG = Replace NAGSEC = QUALITY REPL. PART OE = Replace PXN OE Srpls UE = Replace OE SurplusET = Partial Replace Labor EP = QUAL, REPL. PRT. RPT EU = LIKE KIND & QUAL. PRTTE = Partial Replace Price PM= Replace PXN Rerman/Reblt UM= Replace RemanRebuiltL Refinish PC = Replace PXN Reconditioned UC = Replace ReconditionedTT = Two-Tone SB = Sublet Repair N= Additional LaborBR= Blend Refinish ! = Repair (7 = Partial RepairCG= Chipguard RI = R &l Assembly P = CheckAA= Appearance Allowance RP = Related Prion Damage ‘This report contains proprietary information of Audatex and May Nol be diclosad ie any third party (other thanthe insured, claimant and others on a need te know basis in order to effectuate the claims process} withoutA udatex Audatex's prior written consent,* Copyright (C) 2015 Audatex North Amenea, Inc.Audatex Estimating is a trademark of Audatex North America, Ine. 1O25/2015 04.03 AM Page 7 of?EXHIBIT DAugaExpiore, = AULOSOUrCeNiarket-Driven Valuation™ (cmanieosnenea yreaeetancmemperteneretimmenerernr anne hfe ent erp meenaRaranmetse race (ae AN Tt i We es a me Yet ee este ey amma 9Matthew Tilley ClarmantThe Hertz Corporation insured The Hertz Corporation‘Oklahoma City Branch Claim SN1AB7AP2FL68472314501 Hertz Quail Spnngs Puy Loss Date 10/08/2015Oklahoma City OK'73134 Loss Type OtherPolicyOtherVINSOURCE Analysis !VIN SN1AB7AP2FL684723Decodes a5 2015 Nissan Sentra SV 4D SedanAccuracy Decodes CorrectlyHistory No activity was reportedcn Sena EERNSESS TERRES SESE a —E eee The General Market Value. represents an average of asking and selling ‘prices of similar vehicles in a given market area. This‘Gener Market Value report may not have taken all relevant: into consideration, such as condition, packages, equipment, orleage |‘Typical Vehicle YourVehicle AdjustmentVehicle Base Price Ashkum Market $15,713Odometer 12,384 MiCTypical) 4,000 MifActual) 585 Market Driven Value $16,298 j Oris Guide |Engine Options Transmission Options* 4 Cylinder 1.8 Engine STD * Continuously Variable Tr stoOther Optional Equipment Convenience Options*° AnttLock Brakes: sTD * Air Conditioning sTDBodyside Moldings ‘Autornatic Dimming Mirror* Compact Spare Tire STD Armresi{s)Special Factory Paint $395 CargoiTrunk Met* Center Console ‘STD * Crutse Control STO.* Dual Airbags sTD Cargo/Trunk Net $55Electronic CompassFog Lights:* Head Airbags* Halogen Headlights* Intermittent Wipers* Keyless Access System* Keyless Entry System* Keyless ignition System* ‘Ist Row LCD Monitors)* LED Brakelights* Lighted Entry System* Leather Shift Knob* Leather Steering WheetNavigation System* Overhead Consols* Pwr Accessory Outlet(s)2nd Row Héad AirbagsSide Arbags* Stability Crtrl SuspensnRear SpoilerTachometer‘Trip Computer‘Traction Controf SystemTinted Glass‘Wireless Phone Connect* Wireless Audio StreamingSeat Optionses* Bucket SeatsHeated Front Seats.* 5 Passenger Seating* Split Folding Rear Seat* VelourCloth SeatsCold Weather PackageDoor Sill ProtectorsElectronics PackageFieor Mat PackageFog Light PackageMiuminated Kick PlateNavigation PackageProtection PkgStyle Package Editions available for the same body style (in order of original cost, increasing): S, FE* S, FE+ SV, "SV, SR, SLCtadiss SEL 6B7 AFRPL BEATZa HS Hissem Eo 2S aT Se* Rear Window Detroster stD$315 Floor Mats:sTD Ifuminated Visor MirrorSID Mud/Splash Guards $180sTD * Rem Trurik-LiGate Release STDSTD * Rear View Camera. STDsTD * Strg Wheel Radio Control sTDs$TD * Tine Pregsuré Monitor stpstd * Tit & Telescopic Steer ~ STDsTD RadiolPhonefAlarm OptionsSTD “ Auxiliary Audio Input STDsTD. * Alarm System sT0STD Boss Sound System* AMM CD Player sToSTD * MP3 Decoder $TDstb * Perimeter Alarm System stoSTD * SiriusXM Satellite Radio STDSTD * Theft Deterrent System sTDSTD * Touch Screen Display sTD$340 Power AccessoriesSTD Heated Power MinorsSID * Electric Steenng sTDsTD * Power Brakes sTDSTD * Power Dear Locks STDsTD * Power Merors sTDsto * Power Windows. sToWheel Optionsstb 16 inch Alloy Wheels $1,000* Steel Wheels stostp Roof OptionsSTD ‘Power MoonroofstbOption Packages$300 Includes Heated Power Mirrors, Heated Front Seats$75$500 Includes Automstic Dining Mirror, Electronic Compass,Intenor Accent Lighting$180 Includes Cargo/Trunk Mat, Floor Mats$315 Includes Auto On/Of Headiights:$350$720 includes Navigation System, SIRIUS Travel Link, 5.8 InchColor Touch Scresn Display, Nissan Connect WiNavigation$360 Includes. Boryside Moldings, Bumper Protector, TrunkProtector$1,000 Includes 16 Inch Alloy Wheels, iuminated Visor Mirror, Power Moonroof, Rear Spoilst$19,125"$19,125 Penuest 3765908 beyse" una Vay Jedan * Indicates losa vehicle equipment,Report Generated by AudaExplore, a Solera Company€ 2018 AudaExplore North Ametica, Inc. All Rights Reserved.Otam Sh le B7APSPL B47 23. Paquest 2675608 Page 3EXHIBIT ERichard Hester (P 158 148.64 2) dainTABBED VEHICLE SUM

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Dec 13, 2017 |S25 - Small Claims - Small Claims - Contract - Other |HHD-CV17-6086091-S

Ruling

Darcelle Glazier vs. Brittany Fry

Aug 16, 2024 |C23-03217

C23-03217CASE NAME: DARCELLE GLAZIER VS. BRITTANY FRY HEARING ON DEMURRER TO: DEMURRER TO PLAINTIFF'S COMPLAINT FILED BY TIMOTHY FRYE'SFILED BY:*TENTATIVE RULING*Defendant Timothy Fry’s Demurrer to Complaint is overruled. Instead, this action is stayed pendingresolution of the related marital dissolution, or until further order of the court. The court sets CaseManagement Conference regarding the status of the stay on December 6, 2024 at 8:30 inDepartment 18.Background and Summary of ArgumentsOn October 25, 2022, Defendant Timothy Fry filed a dissolution of marriage actionagainst Defendant Brittany Fry, Contra Costa Superior Court, Case No. D22-04213. The Fry dissolutionis pending in Department 24 before Judge Marquez. The primary asset in the divorce is the maritalhome at 500 Sycamore Circle in Danville.On December 20, 2022, Brittany Fry’s parents, Darcell Glazier and Kurt Glazier, filed this action againstTimothy and Brittany. The Glaziers allege causes of action for breach of contract, common counts,and judicial foreclosure of the Sycamore Circle property. Plaintiffs alleged they loaned the Frys$135,000 to use as a partial downpayment for the home in April 2019. (Complaint, ¶¶ 7, 8.)Defendants allegedly agreed to make monthly payments to repay the loan pursuant to a promissorynote secured by a deed of trust that Brittany signed after the dissolution was filed. (Id., ¶¶ 9, 12). Asdefendants have not made payments to the Glaziers since November 2022 (id., ¶ 16), the Glaziersseek to recover the debt via this action.Timothy now demurs to the Glaziers’ complaint. Timothy states he filed a RFO to force the sale of theSycamore Circle property, which was awaiting a hearing date when the demurrer was filed. JudgeMarquez denied the motion on May 3, 2024. Timothy then filed a motion to consolidate this casewith the dissolution action or to join the Glaziers as parties. That motion is set for hearing inDepartment 34 on August 29, 2024. A settlement conference is scheduled in the family case onOctober 11, 2024. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: GINA DASHMAN HEARING DATE: 08/16/2024Timothy argues the marital home is under the exclusive jurisdiction of the family law division underthe Family Code, which provides that the family law court “shall” divide the community assets, debts,and liabilities of the community estate. (Family Code §§ 2550, et. seq. and 2620, et. seq.)The Glaziers respond that their claims do not overlap with the dissolution or interfere with the familycourt’s jurisdiction. That is, the Glaziers argue it is not relevant how the family court classifies theSycamore Circle property— as community or separate property— because they seek to recover theirdamages from both spouses. The Glaziers add that they are not parties to the dissolution action sothe family court lacks jurisdiction to consider their claims. If the court finds that the Glazier’s claimshave the potential to interfere with the family court’s jurisdiction, the Glaziers claim it is improper tosustain the demurrer. Instead, the proper course would be to (1) allow both cases to proceed, (2)consolidate the cases, or (3) stay this case pending the outcome of the dissolution action.Legal StandardA demurrer tests the legal sufficiency of the complaint and raises issues of law, not fact. A demurrercan be used only to challenge defects that appear on the face of the pleading or from matters outsidethe pleading that are the proper subject of judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311.)Analysis and OrderThe family law court has exclusive subject matter jurisdiction to characterize, value, and equitablydivide community property in a divorce action. (Family Law Code §§ 2550-2553.) Further, where aproceeding has been assigned for hearing and determination to one department and the proceedinghas not been finally disposed of, it is beyond the jurisdictional authority of another department of thesame court to interfere with the exercise of the power of the department to which the proceedinghas been assigned. (See, e.g., Glade v. Glade (1995) 38 Cal.App.4th 1441 1449-1450 [holding familycourt in dissolution proceeding had priority jurisdiction over trial court in foreclosure action]);Marriage of Schenck (1991) 228 Cal.App.3d 1474, 1483-1484 [civil law and motion departmentproperly deferred to family law department's reserved jurisdiction over valuation and division offamily home].)Timothy Fry has identified the debt to the Glaziers as a community debt in the dissolution case butclaims the amount of the debt is disputed. This case was filed after the dissolution and is based in parton a trust deed executed after its filing. Accordingly, the disposition of the Sycamore Court propertyand, potentially, other issues raised by this complaint, are properly before the family court. The factthat all parties in this case are not parties to the dissolution action does not change the result. Atbottom, this action is a family law dispute that should be heard and decided in family court. Althoughthe Glaziers are not parties to the dissolution, they may seek to resolve their claims by joinder in thataction.Timothy’s demurrer is overruled because there is no basis to dispose of the Glaziers’ complaint.However, the Glaziers have argued that a stay in the alternative is appropriate. In light of the familycourt's priority jurisdiction, this case is stayed until further order of the court. A CMC is set on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: GINA DASHMAN HEARING DATE: 08/16/2024December 6, 2024, which is after the mandatory settlement conference in the family law case. In lightof this disposition, the court does not reach the remaining demurrer arguments.

Ruling

Cen-Cal Refrigeration, Inc vs. Maple Venture, LLC. / LEAD

Aug 21, 2024 |20CECG01342

Re: Cen-Cal Refrigeration, Inc. v. Maple Venture, LLC et al. Superior Court Case No. 20CECG01342Hearing Date: August 21, 2024 (Dept. 403)Motion: By Defendant Maple Venture, LLC, for Judgment on the PleadingsTentative Ruling: To deny. (Code Civ. Proc., § 438.) Within 10 days of service of the order by theclerk, Maple Venture, LLC, shall file its answer to the Fourth Amended Complaint.Explanation: At issue in this motion is the fifth cause of action of plaintiffs’ Fourth AmendedComplaint (“4AC”). In this cause of action plaintiff Cen-Cal Refrigeration, Inc. (“Cen-Cal”), a subcontractor on a construction project, seeks to recover damages by way ofquantum meruit from defendant property owner Maple Venture, LLC (“Maple”). Cen-Cal had no direct contractual relationship with Maple. Maple’s contract was withgeneral contractor Engineered Structures, Inc. (“ESI”), who subcontracted the HVACportion of the construction to plaintiff Cen-Cal. Maple contends that as a subcontractor, Cen-Cal's legal remedies are limited toexercising its mechanic's lien rights against the property (which it abandoned with thesecond amended complaint) or pursuing a claim against the general contractor, ESI,with whom it stood in contractual privity. In support of its contention that quantum meruit is unavailable to a subcontractor,Maple relies primarily on two decisions: Truestone, Inc. v. Simi West Industrial Park II (1984)163 Cal.App.3d 715 and Rogers v. Whitson (1964) 228 Cal.App.2d 662. While this is thegeneral rule, case law cited by Maple shows that it can be a fact-based inquiry. Forexample, in R.D. Reeder Lathing Co. v. Allen (1967) 66 Cal.2d 373, 376, the court stated,“Although the complaint states that plaintiff performed its work at the request ofdefendant, it appears from plaintiff’s own affidavits that the request came, not fromdefendant directly, but from his prime contractor.” Maple does not address in its motion allegations of the 4AC that (a) Maple andESI were agents, joint venturers and employees of one another; (b) each defendantratified or authorized the acts of their agents; (c) defendants conspired with one anotherand planned to defraud plaintiff in committing the alleged acts; and defendants(including Maple) requested that Cen-Cal perform its construction services forimprovement of the property, and Cen-Cal performed as requested by defendants. (See4AC ¶¶ 9-13, 48, 49.) Though Maple specifically highlighted these allegations in theopposition, Cen-Cal ignored them in the reply. To recover in quantum meruit, the “plaintiff must establish both that he or she was acting pursuant to either an express or implied request for such services from the defendant and that the services rendered were intended to and did benefit the defendant"; further, the defendant must have “ ‘retained [the] benefit with full appreciation of the facts....’ “(Day v. Alta Bates Medical Center (2002) 98 Cal.App.4th 243, 248.) The 4AC sufficientlyalleges facts amounting to an express or implied request by Maple for the servicesrendered by Cen-Cal, to the benefit of Maple, and for which Cen-Cal was not paid. It may be that Cen-Cal overstates the actual facts in its pleading in order to avoidapplication of the general rule that privity of contract is required, but in ruling on a motionfor judgment on the pleadings, the court accepts as true the allegations of the complaintunder attack and gives them a liberal construction. (Code Civ. Proc., § 438, subd. (d);Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 515-516; Cloud v. NorthropGrumman Corp. (1998) 67 Cal.App.4th 995, 999.) The question of plaintiff's ability to proveunlikely allegations, or possible difficulties in making such proof, is of no concern in rulingon a demurrer or motion for judgment on the pleadings. (Committee on Children'sTelevision, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 213-214.) The court finds theallegations sufficient at the pleading stage to state a cause of action for quantum meruitagainst Maple. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Proceduresection 1019.5, subdivision (a), no further written order is necessary. The minute orderadopting this tentative ruling will serve as the order of the court and service by the clerkwill constitute notice of the order.Tentative RulingIssued By: JS on 8/16/2024 . (Judge’s initials) (Date)

Ruling

VISM STUDIO, A CALIFORNIA CORPORATION VS WOO-JIN CHOI, AN INDIVIDUAL, ET AL.

Aug 26, 2024 |23STCV21282

Case Number: 23STCV21282 Hearing Date: August 26, 2024 Dept: 32 VISM STUDIO, Plaintiff, v. WOO-JIN CHOI, et al., Defendants. Case No.: 23STCV21282 Hearing Date: August 26, 2024 [TENTATIVE] order RE: plaintiff vism studios motion for leave to file amended complaint BACKGROUND On September 5, 2023, Plaintiff and Cross-Defendant VISM Studio filed this action against Defendants and Cross-Complainants Woo-Jin Choi and Eunmi Song, alleging breach of contract. The complaint alleges that Choi and Song breached their employment contracts by abandoning their positions at VISMs tattoo studio, causing lost profits. Choi and Song have cross-complained against VISM, with the operative Second Amended Cross-Complaint (SACC) filed on June 5, 2024. The SACC asserts causes of action for (1) breach of the implied covenant of good faith and fair dealing, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) unfair business practices, and (5) common count goods and services rendered. The SACC alleges that Choi and Song were induced into working for VISM through false promises. VISM also allegedly required Choi and Song to pay VISMs staff for overtime and allegedly instructed Choi and Song to stop working before May 15, 2023 to prevent them from receiving certain commissions for the month of April 2023. On July 31, 2024, VISM filed the instant motion for leave to file an amended complaint. Choi and Song have not filed an opposition. LEGAL STANDARD The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc, §§ 473, subd. (a), 576.) Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) In determining the extent of prejudice to the opposing party, the court must consider various factors, such as whether the amendment would delay trial or increase the discovery burden. (Demetriades v. Yelp, Inc. (2014) 228 Cal.App.4th 294, 306.) A motion for leave to amend a complaint must be accompanied by a declaration that explains: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) DISCUSSION The proposed First Amended Complaint (FAC) adds Grey Studio, LLC, John Prezas, and Andres Garcia as defendants and adds causes of action for fraud, interference with contractual relations, and interference with prospective economic advantage. (Satnick Decl. ¶ 2, Ex. A.) The proposed FAC also adds allegations to support punitive damages and attorneys fees. (Ibid.) The amendment is necessary and proper to resolve related issues in one action. (Id., ¶ 3.) The facts giving rise to the new allegations were discovered on April 1, 2024, upon VISMs receipt of Chois and Songs discovery responses. (Satnick Decl. ¶ 4.) The facts were corroborated on May 20, 2024, upon receipt of subpoenaed documents from John Prezas, one of the proposed defendants in the FAC. (Ibid.) The amendment was not made earlier because the parties were discussing mediation through June and July 2024. (Id., ¶ 5.) VISM prepared the proposed FAC in the event mediation failed. (Ibid.) These facts satisfy Rule 3.1324(b) and sufficiently justify the amendment. Choi and Song do not oppose the motion, and there is no indication of any prejudice to them. Therefore, amendment is warranted. CONCLUSION Plaintiff VISM Studios motion for leave to file amended complaint is GRANTED.

Ruling

ROGERS vs GENERAL MOTORS LLC

Aug 20, 2024 |CVRI2300791

ROGERS VS GENERAL MOTION FOR ATTORNEY'S FEES BYCVRI2300791MOTORS LLC JOHN ROGERSTentative Ruling: Grant the motion and award $26,995 in reasonable attorney’s fees (the courtdeclines to add a multiplier) and $2,964.61 in costs.

Ruling

MAXIM COMMERCIAL CAPITAL, LLC VS LARJ LOGISTICS LLC, ET AL.

Aug 23, 2024 |23SMCV05203

Case Number: 23SMCV05203 Hearing Date: August 23, 2024 Dept: 205 HEARING DATE: August 23, 2024 JUDGE/DEPT: Moreton/Beverly Hills, 205 CASE NAME: Maxim Commercial Capital LLC v. Khatirtransportation LLC, et al. CASE NUMBER: 23SMCV01665 COMP. FILED: April 19, 2023 PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT MOVING PARTY: Maxim Commercial Capital, LLC RESPONDING PARTY: Khatirtransportation, LLC and Ahmed Mohamadian Abdalla BACKGROUND This is a breach of contract case. Plaintiff Maxim Commercial Capital, LLC entered into a written equipment finance agreement (the Agreement) with Defendants Ahmed Mohamadian Abdalla and Khatirtransportation, LLC. Plaintiff agreed to finance Defendants purchase of a 2018 Freightliner Cascadia CA126SLP, VIN No. 3AKJHHDR8JSHM7897 (the Collateral). As consideration, Defendants obligated themselves to make certain specified monthly payments to Plaintiff. Under the terms of the Agreement, Defendants were required (1) to maintain the Collateral in good working order, repair and condition, (2) bear the entire risk of loss and be responsible for any loss or damage relating to the Collateral and/or caused by the Collateral, from any cause whatsoever, and (3) pay for and maintain all-risk insurance insuring the Collateral for not less than its full replacement cost against all risks of loss or damage from every cause whatsoever and naming Plaintiff, its successors and assigns as the sole Loss Payee and an Additional Insured. Defendants were involved in an accident with the Collateral, and the Collateral was deemed a total loss. Defendants failed to pay for and maintain insurance for the Collateral, and as a result, Plaintiff received no insurance payment for the loss. Defendants failed to make payments due under the Agreement. As a result of the default, Plaintiff accelerated the balance due under the Agreement and made demand on Defendants for immediate payment of the accelerated balance. On April 19, 2023, Plaintiff filed a Complaint against Defendants. The Complaint alleges two claims for (1) breach of contract and (2) a common count for money lent. The Complaint seeks (1) the principal amount of $105,204.65, (2) prejudgment interest at the legal rate of 10% per annum from and after December 19, 2022, and (3) attorneys fees as provided by the Agreement. Plaintiff filed a proof of service showing Defendants were served by publication on December 29, 2023, January 5, 2024, January 12, 2024 and January 19, 2024. Defendants were obligated to respond. Defendants did not do so. Plaintiff successfully requested the entry of Defendants default, which was entered by the Clerks Office on March 14, 2024. Plaintiff requested a default judgment on March 19, 2024. Defendants have not appeared. RELIEF REQUESTED Default judgment against Defendants for a total of $123,318.07, which is comprised of: (1) $105,204.65, for damages, (2) $12,565.52 in interest, (3) $2,942.05 in attorneys fees and (4) $2,605.85, for costs. ANALYSIS Code Civ. Proc. § 585 sets forth the two options for obtaining a default judgment. First, where the plaintiffs complaint¿seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.¿ (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc. § 585(a).) Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursem*nts; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code Civ. Proc. § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.) Here, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff attests via declaration that there have been damages in the amount of $105,204.65 as amounts owed by Defendants under the Agreement. Plaintiff also provides via declaration a calculation of the interest sought of $12,565.62. There is a contractual basis for Plaintiffs request for attorneys fees, and the amount of fees sought is supported by counsels declaration. A memorandum of costs in the amount of $2,605.85 is set forth in Item 7 of the CIV-100 form. Procedurally, Plaintiff properly served Defendants more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested dismissal of the fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment (JUD-100). As default has already been entered, and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here. CONCLUSION AND ORDER For the foregoing reasons, Plaintiff Maxim Commercial Capital LLCs Request for Default Judgment is GRANTED as to Defendants Khatirtransportation LLC and Ahmed Mohamadian Abdalla. Default judgment in the amount of $123,318.07 is awarded in favor of Plaintiff.

Ruling

LAW FIRM OF HAROLD GREENBERG VS BARBARA APPLEBERRY

Aug 21, 2024 |23STCV21702

Case Number: 23STCV21702 Hearing Date: August 21, 2024 Dept: 54 Superior Court of California County of Los Angeles Law Firm of Harold Greenberg, Plaintiff, Case No.: 23STCV21702 vs. Tentative Ruling Barbara Appleberry and DOES 1 through 10, inclusive Defendants. Hearing Date: August 21, 2024 Department 54, Judge Maurice A. Leiter Motion to Set Aside Default Moving Party: Plaintiff Law Firm of Harold Greenberg Responding Party: Defendant Barbara Appleberry T/R: DefenDANTS MOTION TO SET ASIDE DEFAULT IS GRANTED. Defendant TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. Defendant Appleberry moves to set aside the default entered by the Court on May 6, 2024, on grounds of both fraud and excusable neglect. A motion under CCP § 473(b) must be made within six months of the dismissal. Defendants motion is timely, as Default was entered on May 6, 2024, and Defendant Appleberry brought this motion on June 14, 2024. Defendant first contends that the default was entered as the result of fraud. Defendant says she was not properly served and Defendant has produced a false Declaration of Due Diligence. She moves to set aside default pursuant to CCP § 473.5. Defendant has not shown fraud; her allegations are unsubstantiated. Defendant also moves for relief pursuant to CCP § 473(b), claiming that she is 79 years old and experienced health challenges from which she is still healing. She also claims she was confused, and believed that her informal efforts to resolve the case would be sufficient. At the time Defendant was representing herself and did appear in Court explaining that she was trying to speak with Plaintiff to settle the case. The Court finds that this is sufficient to show excusable neglect. The motion is granted. Defendant shall file her response to the complaint within 20 days.

Ruling

ZHENG WANG VS YU SUN, ET AL.

Aug 21, 2024 |24AHCV00078

Case Number: 24AHCV00078 Hearing Date: August 21, 2024 Dept: 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT ZHENG WANG, Plaintiff(s), vs. YU SUN, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 24AHCV00078 [TENTATIVE] ORDER RE: DEFENDANT YU SUNS MOTION TO SET ASIDE/VACATE DEFAULT Dept. 3 8:30 a.m. August 21, 2024 I. INTRODUCTION Plaintiff Zheng Wang (Plaintiff) filed this action against defendants Yu Sun, Lianchun Li, and LS Toy Global, Inc. on January 16, 2024. On March 20, 2024, Plaintiff filed a proof of service of summons reflecting that the summons and complaint had been served on Yu Sun (Defendant) by substituted service on March 18, 2024, at 4:37 p.m. by leaving the documents at Defendants home located at 12882 Shorthorn Drive, Eastvale, California (the Shorthorn Property), with Charlie Wong, a co-occupant. On May 1, 2024, Plaintiff filed a request for entry of default. On July 25, 2024, Defendant filed this motion to set aside the default based on Code of Civil Procedure section 473(b). II. LEGAL STANDARD The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. fa*gor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure section 473(b) contains a discretionary provision for relief from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (Ibid.) III. DISCUSSION Defendant declares that on the date of service, March 18, 2024, she was not living at the Shorthorn Property. (Sun Decl., ¶ 3.) She states that the Shorthorn Property served as the address for co-defendant LS Toy Global, Inc., which was dissolved on December 8, 2023. (Sun Decl., ¶ 4.) The Shorthorn Property is also her rental property and rented by Charlie Wong. (Sun Decl., ¶¶ 4-5.) Defendant declares that on or about June 5, 2024, she arrived at the Shorthorn Property and her tenant handed her mail which contained the summons and complaint. (Sun Decl., ¶ 6.) She states that she was shocked because [she] [has] not received mail from this address since 2023. (Sun Decl., ¶ 6.) Defendant further declares that she had no notice that she had been sued until June 5, 2024, and that she retained counsel on the same day. (Sun Decl., ¶¶ 7-8.) In opposition, Plaintiff argues that Defendant fails to show how the default was obtained due to excusable neglect. Plaintiff claims that Defendants failure to pick up mail or documents from the Shorthorn Property was unreasonable, and that it was not credible that Defendants tenant, would not inform Defendant of the legal papers for several months. Plaintiff contends that Defendant could have avoided the entry of default if she exercised ordinary care in picking up her mail or communicating with her tenant. The Court notes that, as a technical matter, Plaintiffs proof of service was defective because Defendant could not be served by substituted service at the Shorthorn Property if the Shorthorn Property was not Defendants dwelling house or usual place of abode. In the alternative, Plaintiff argues that if the Court grants the motion and sets aside the default, Defendant should be ordered to pay Plaintiff a penalty of $1,000 pursuant to Code of Civil Procedure section 473(c)(1)(A). As the purpose of section 473(b) is to promote the determination of actions on their merits, the Court finds that Defendant has met their burden to show that the default was taken due to excusable neglect. (Even Zohar Const. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 838-839.) Defendant was not residing at the Shorthorn Property and declares under penalty of perjury that she had not received mail there since 2023. (Sun Decl., ¶¶ 3, 6.) Also, her tenant, Charlie Wong, was under no obligation to inform her of her mail. IV. CONCLUSION Accordingly, Defendants motion to set aside the default is GRANTED. Defendant is ordered to file the proposed answer and cross-complaint within 5 days of the date of this Order. Plaintiffs request for $1,000 penalty is DENIED. Moving party to give notice. Dated this 21st day of August 2024 William A. Crowfoot Judge of the Superior Court Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Ruling

ALPINE BLUE VS. HURLEY, ET AL

Aug 22, 2024 |CVCV21-0198057

ALPINE BLUE VS. HURLEY, ET ALCase Number: CVCV21-0198057This matter is on calendar for review regarding status of service and trial setting. This Court has previouslyrecused in this matter. The matter is continued to Monday, September 30, 2024 at 9:00 a.m. in Department 63for review regarding status of service and trial setting. No appearance is necessary on today’s calendar.

Document

HAMILTON, TIFON v. DRAYTON, MELISSA

Apr 04, 2024 |Susan Quinn Cobb |S25 - Small Claims - Small Claims - Contract - Other |HHD-CV24-5083025-S

Document

CA SENIOR SIMSBURY CT PROPERTY OWNER, LLC v. EMJ CONSTRUCTION, LLC F/K/A EMJ CORPORATION Et Al

Mar 19, 2024 |Susan Quinn Cobb |C00 - Contracts - Construction - All other |HHD-CV24-6182168-S

Document

PORTFOLIO RECOVERY ASSOCIATES, v. WHATLEY, MICHELLE

Aug 20, 2024 |S25 - Small Claims - Small Claims - Contract - Other |HHD-CV24-6190021-S

Document

FRANKLIN TRUST F.C.U. v. BRYANT, JR, RALPH B

Aug 16, 2024 |S25 - Small Claims - Small Claims - Contract - Other |HHD-CV24-6189902-S

Document

VERDERAME, DANIEL v. CHA-CHA ENTERPRISES, LLC Et Al

Jun 14, 2024 |C00 - Contracts - Construction - All other |HHB-CV24-5036235-S

Document

KRYCZKOWSKI, JR, ROBERT v. GARRETT, GEORGE QUENTON

Aug 19, 2024 |S25 - Small Claims - Small Claims - Contract - Other |HHD-CV24-6189956-S

Document

PORTFOLIO RECOVERY ASSOCIATES, v. SHEEHAN, CHRISTOPHER

Aug 20, 2024 |S25 - Small Claims - Small Claims - Contract - Other |HHB-CV24-6089001-S

Document

PORTFOLIO RECOVERY ASSOCIATES, v. BEELER, GARRETT

Aug 20, 2024 |S25 - Small Claims - Small Claims - Contract - Other |HHB-CV24-6089003-S

MOTION FOR JUDGMENT MOTION FOR JUDGMENT AND ORDER OF PAYMENTS. ENTRY # 108.00 STILL STANDS. RESULT: Order 6/11/2019 HON ROBERT SHAPIRO March 06, 2019 (2024)

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Introduction: My name is Van Hayes, I am a thankful, friendly, smiling, calm, powerful, fine, enthusiastic person who loves writing and wants to share my knowledge and understanding with you.