Declaration for Default Judgment March 28, 2023 (2024)

 
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 Gary Dean Lobel CBN 105983 Electronically Filed Ronald J. Green Jr. CBN 177043 3/28/2023 1:08 PM Chapman A. Brewer CBN 339414 Superior Court of California 1150 N. Magnolia Avenue County of Stanislaus Anaheim, CA 92801-2605 Clerk of the Court (714) 995-3333 By: Alexandra Miller, Deputy Attorneys for Plaintiff, LOBEL FINANCIAL CORPORATION SUPERIOR COURT, COUNTY OF STANISLAUS STANISLAUS JUDICIAL DISTRICT 10 11 12 LOBEL FINANCIAL CORP., ) CV-22-005659 fa California Corporation, ) 13 ) Declaration of Shiloy Krause regarding Breach of Plaintiff, ) Contract [C.C.P. 585] 14 VS. 15 ISANITH TEP DATE: 12/15/2023 16 TIME: 08:30 AM 17 18 19 Does 1 to 10 20 Defendant(s) 21 |, Shiloy Krause declare; 22 QUALIFICATIONS TO TESTIFY: | am over the age of 18 years old and a resident of the State of CA. If called upon to do so, | can 23 land shall competently testify to the matters set forth herein as the same are of my own personal knowledge. 24 CUSTODIAN OF RECORDS: | am employed by LOBEL FINANCIAL CORPORATION (“LOBEL”) as the Legal Assistant 25 Department Manager and | have been so employed in that capacity since July 18,2003. | am required to know and, in fact, am 26 familiar with the jobs of LOBEL’S employees and the methods which they use in acquiring the retail installment sales contracts, servicing 27 accounts, making bookkeeping entries and maintaining other records. The records are made in the normal course of business, at or neat 28 he time of the act, condition, or event, by a person with a business duty to do so. | am one of the custodians of LOBEL’S records Lobel FinancialCorporation herein; and, in making this Declaration, | have reviewed those records and declare that those records reflect the facts as set forth herein.USE OF COPIES. LOBEL duly photocopied and/or scanned all original documents and, where the original is no longer lavailable, LOBEL has presented a true and correct copy of same. (Ev.C § 1550]. ASSIGNMENT OF CONTRACTS: A customer, such as the defendant(s) in this action, who purchases a vehicle from a car dealership, enters into a retail installment sales contracts (“RISC”) with that dealership. LOBEL will thereafter take assignment of he RISC, and become entitled to all payments owed by the customer under the RISC. When a car dealership delivers a RISC to LOBEL for potential purchase, LOBEL conducts an underwriting review process lprior to accepting assignment of the RISC. Included in every underwriting review process is an interview with the customer. The underwriter will call the customer and confirm: (1) that they saw who they say they are; (2) they have signed the RISC, (3) they have purchased the vehicle and all the 10 represented equipment is on the vehicle. The underwriter’s interview with the customer is documented in an Interview Sheet. It is in 11 LOBEL’s interest to confirm that it is receiving an assignment where there is a real vehicle and a real customer. 12 If it appears from the customer interview that the customer did not sign the RISC, or there is some other problem with the 13 RISC or vehicle, LOBEL will not accept assignment. No funds will be release and the RISC will not be accepted. 14 Once underwriting has confirmed the customer's identity and other facts, the original RISC, along with other documents, is 15 delivered to LOBEL. All original RISCs delivered to a LOBEL branch office, and then are forwarded to LOBEL’s corporate offices. 16 17 LOBEL’s scanning department will make an electronic image of the RISC and save it to the customer's file. The original 18 RISC is then stored for safekeeping in file cabinets located within my department. The original RISC is in LOBEL’s possession prior 19 Ito the time the funds are delivered to the dealership. LOBEL will not give final approval without being in possession of the original 20 RISC. 21 THE SUBJECT CONTRACT AND ASSIGNMENT: | have reviewed records on this account, including the customer 22 Interview Sheet, which shows that LOBEL’s underwriters contacted defendant(s) prior to the acceptance of the assignment of the 23 Contract, and verified they were purchasers of the Vehicle and had entered into the Contract. 24 Based on my review of the records maintained on the account, | state that on or about October 17, 2020 defendant(s) 25 SANITH TEP, entered into a RISC (the “Contract’) for the purchase of a 13 CHEVROLET SUBURBAN 1500, VIN 26 1GNSCJE09DR114991 (the “Vehicle”). The original Contract, which was assigned to LOBEL, is attached hereto as Exhibit "1". The| 27 Contract obligated defendant(s) to make monthly payments. 28 LOBEL FINANCIAL IS NOT A THIRD PARTY COLLECTION AGENCY: The Contract was assigned directly from the Assignor Lobel Financial dealership to LOBEL. LOBEL is a finance company and is not a third party collection agency.CorporationRIGHT TO COLLECT LATE CHARGES AND ANY POSSIBLE BREACH: On the front of the Contract under “Late Charge” it states that if payment is not received in full within 10 days after it is due, you will pay 5% of the part of the payment that is late. The late charges are shown on the account's ledger and are identified by codes such as “L2” and “L4”, depending on how many days past due. The ledger further shows the date the payment was considered past due and the late charge applied. A true and correct copy of the account's ledger is attached as Exhibit “7” The defendant(s) acknowledged these stipulations by signing the Contract that is attached as Exhibit “1”. LOSS DAMAGE WAIVER: Attached as Exhibit “1A” is a true and correct copy of the Loss Damage Waiver showing that at the time the Contract was entered, the defendant requested Loss Damage Waiver coverage (“LDW’). The LDW is only added when the customer fails to provide adequate proof of comprehensive and collision insurance. If, at 10 any time during the course of the account, the defendant provides proof of adequate insurance coverage, the LDW is added back to} 11 the account. Therefore, the LDW may be added and cancelled more than once on the account. The LDW amounts are pro-rated 12 13 based on when the LDW is added and cancelled. 14 BREACH OF CONTRACT: On or about December 1, 2021 defendant(s) defaulted on the Contract by failing to make any 15 further payments causing a breach of contract. Statements and calls were made to the defendant(s) requesting payments on the 16 Contract and to resolve the breach. The defendant(s) did not resolve the breach of contract. 17 REPOSSESSION: The Contract gives LOBEL a security interest in the Vehicle and an assignment of all proceeds and 18 refunds under any insurance policy. The Contract further specifies the right to take immediate possession of the Vehicle in the 19 event of default and to then sell the Vehicle and apply proceeds received to the cost of repossession and then to the balance owed. 20 The Vehicle was repossessed on April 1, 2022 and on April 5, 2022 the Notice of Intention to Dispose of Motor Vehicle was 21 mailed via First Class U.S. Mail, postage pre-paid, to the address shown on the notice, which was the last 22 known address of the defendant(s), pursuant to Civil Code Section 2983.2. A true and correct copy of said notice is attached hereto 23 as Exhibit “2” 24 A true and correct copy of the repossession invoice is attached as Exhibit which is the amount charged for 25 repossession of the vehicle. 26 SALE OF VEHICLE: Because defendant(s) did not redeem the Vehicle, LOBEL proceeded to sell the Vehicle in a 27 commercially reasonable manner as described below. Prior to selling, Lobel analyzes the vehicles condition to determine the current Market Value. 28 Attached hereto as Exhibit "4" is a true and correct copy of the Kelley Wholesale Blue Book & Current Market Value Lobel Financial estimate for the Vehicle, showing the current auction value of the Vehicle, prior to being sold, was $5,875.00. This estimate takesCorporation into account mileage adjustment.Attached as Exhibit "5" is a true and correct copy of the Vehicle Condition Report from the automobile auction. The detailed report identifies damages and repairs. The report estimates damages and required repairs in the amount of $5528.02. If this sum is deducted from the blue book value the net value would be $346.98. The vehicle involved was sold on 05/18/22 at a private Dealers automobile auction. The bids are taken orally and only the 1 highest bid is documented in written form. Attached hereto as Exhibit is a true and correct copy of the documentation on the vehicle showing the high bidder and sales price on the vehicle. The vehicle sold for $4,700.00 but after deducting the fees the net amount received by Lobel Financial was $4,437.00. Based on the amount the Vehicle sold for, and compared to the Kelly Blue Book value, and taking into consideration the condition report and other repair items, the Vehicle sold in a commercially reasonable manner. 10 EXPLANATION OF DEFICIENCY BALANCE & CALCULATION FOR INTEREST: A breakdown of all payments and charges| il detailing how LOBEL has determined the deficiency balance owed on the account's ledger, attached as Exhibit “7”. A credit of 12 $178.74 was received after suit. Therefore, the balance at suit was reduced by the credit of $178.74, leaving a deficiency) 13 balance of $10,306.07. The interest was calculated at the lower amount. 14 The calculation of interest pursuant to the complaint was prayed for at the rate of 23.29% from 06/10/22, at which time the 15 pre-computed interest was rebated, and if applicable, any insurance rebates on the contract are credited leaving a balance of 16 $10,484.81. 17 The interest would accrue at $6.57 per day. A total of 284 days have passed since the charge off. The daily interest of 18 $6.57 was multiplied by 284 days. Based on the calculation of interest, the amount of interest that has accrued since 06/10/22 19 through 03-21-23 is $1,865.88. 20 ATTORNEY FEES 21 “4 " The contract attached as exon Exhibi provides for reasonable attorney's fees and court costs, in the event legal action is 22 necessary to enforce its terms. 23 | declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct and if 24 called to testify thereto, | could and would do so competently. Executed March 21, 2023 at Anaheim, California. 25 26 27 Krou0e/ Shiloy Krause 28 Lobel FinancialCorporation4 7.(116 Copy of lectroni¢ Originak® dogument managed thr the eCore® on Demand (EOD! Law 553-CA-A b-eps RETAIL INSTALLMENT SALE CONTRACT — SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION)Dealer Number 62850 Contract Number R.O.8, Number Stock Number 7TAT7MT Buyer Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address) (Including County and Zip Cade) (Inctuding County and Zip Code)SANITH TEP Devine Auto Sales3362 GENERAL MUELLER 811 McHenry AvenueStockton, CA, San Joaquin, 95206 Modesto, CA, 95350(209) 496-1612 (209) 572-3130.You, the Buyer (and Go-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you chaase to buy the vehicle on credit under the agreementson all pages of this contract. You agree to pay the Seller - Creditor (sometimes “we” or “us in this contract) the Amount Financed and Finance Charge in U.S, funds accordingto the payment schedule below. We will figure your finance charge on a daily basis, The Truth-In-Lending Disclosures below are part of this contract. New Make Used Year and Model Odometer Vehicle {dentification Number Primary Use For Which Purchased Personal, family or household unlessUSED] 2013 Chevrolet 1445) 1GNSCJEOSDR114991 otherwise indicated below. Clousiness of commercial Suburban L FEDERAL TRUTH-IN-LE! FINANCE Amou ING DIS ew To a He] ice y fale STATEMENT OF INSURANCE NOTICE. No person is required as a condition of francine the putohase of a motor vehicle to purchase oY nagotiate any PERCENIAGE CHARGE Financed Payme! insurance through @ partiovlar insurance company, agent or The dollar The amount of ‘The amount yo 8 total costa broker, You are not required 'o buy any other inauranee f The cost of amount the cradit provided will have paid after Our purchase’ obiain credit. Your decision to buy or nef buy other insurance your credit a6 credit will fo you or you have made al credit, includin wilt not be 2 factor in the credt approval process. a yearly fate. cost you. ‘on your behalf, payments as. your dawn scheduled payment of Vehicle Insuragee 5,000.00 is, Premium, 23.29 seh § 8,252.54) | ¢ 14,707.30) | ¢ 22,950.84) |g 27,959.84 (e) 8 NVA ec, Comp, Fire & That — tes, §__N/A (2) mi a 0 estimate $_.NA ded, coision Mos.$ A YOUR PAYMENT SCHEDULE WILL BE: Body inary 3 NAA Limits NIA Mos, $ ee Number of Payments: Amount of Payments: Are Due: Property Damage $ N/A imits os. $ —S N/A One Payment of Medical Nos. — WA N/A ——HMoa $ NIA One Payment of Total Veticia Ineurance Premiums $_NA N/A UNLESS A CHARGE IS ae IN. THIS AGREEMENT FOR JBANCE. PAYMENT One Payment of PUBLIC LIABILITY OR PR: FOR SUCH COVERAGE, gi (OT PROVIDED BY THIS AGREEMENT. N/A You mey buy the pl dat 6 insurance ‘his contrast requires Monthly baginning from anyone uh bs ose who's accepiable to us. You are ast 47 478.33 12/01/2020 required to buy ef insutanioe.{o obtain cred. Buyer X. ie N/A X = |! ‘One final payment a a 33 (204 a Lata Charge, F payment fs net received in ‘ul within 100 ter ph veil alata c eal bi hajpayme at is lat io vate: Bya balow. you agreeth: Purewent Prepayment, fl you pay ea‘ly, you may bo charaeda minir tothe4 ovieion tion) of this contract, you oF we may Interest, You are giving a securty interest nthe vatios 9 purchased. cispute Areviral, binding arbitration and not by ‘Adltlonal Information: Sve tls contrac for mare infaration including information about renpayment. 8 juired sapaytnant in full before: aout acon Se ‘the Axbit ion Provigio: mu tnformation concerning the agree Buyer Signs X eZ the scheduted cate, imu finance charges, and secu Irtovest Co-Buyer Signs X AUTO BROKER FEE DISCLOSURE if this contract reflects the retall sale of a new motor vehicle, the sale is not subject fo a fee received by an autobroker fram us unless the following box is checked: (Name of autobroker receiving fee, it applicable: WABuyer Signs The wit Kee Ment Is pledged as collateral to Wells Fargo Page 1 of 7 ORLEINA abgu&iG3-CA-ARB-eps 7/16 v7 Copy created on Oct. 28, 2022 05:28:31 PM EDT, Document Identii ior. 1020629 EXHIBIT 1Copy of Electronic Originak® degumen! managed through the eCore® op Dei (on™ OPTIONAL SERVICE CONTRACT(S) You want to ITEMIZATION GF THE AMOUNT FINANCED (Seller may keep patt of the amounts paid to others.) purchase the service contra witten with the following 4. Total Cash Price 4 7,495.00 (a) compenyfies) for the term(s) shown below for the A Cash Price of Motor Vehicle and Accessories a UN charge(3) shown in fem 11. 4. Gah Price Vehicle §_ 17,495.00 Hi Company NA 2. Cash Priog Asoessorles $__..._ N/A Tett N/A ‘Mos. or N/A Miles 3. Other (Nontexabte} 12 Company Describe § Term Mos. or N/A Miles Describe $ NWA 13 Company Document Processing Charge {not a governmental fea) $. 65.00 1B} Term N/A Mos. or N/A Miles Emissions Teeting Charge (not a governmental fee) 8 50.00 (c) 14 Company Ni (Cotional) Theft Deterent Device(s) Tem NA Mos, or N/A, Miles 1. {paid to} N/A (01) 18 Company 2. (paid to) N/A (02) Term Mos. or N/A Miles 3. (paid to} N/A (03) Buyer X (Optional) Surtece Protection Produtis) 4, (paid to) N/A (1) OPTIONAL DEBT CANCELLATION AGREEMENT. A debi 2, (paid to) NIA (2) cancellation agreement is not raquirad to obtain oredit and will not be provided unless you sign below and agree to pay the EV Charging Station (paid to} N/A (F) extra charge. yau choose fo buy debt cancellation. the charge is shown ‘stem 1K of the temization of Amount Financed. See 1,579.0 AG ‘Sales Tax (on taxable items in A through F) if ur dabt cancellation agreement for details on the tarms and Elecitonls Vehicla Flagistraton oF Transter Charge tons ft pravides. I is a pal of this conivact. 48 BEL GAP {not a governmental fee) (paid to} Term Mos. Jebt Cancellation Agreement (Optional) Service Contract(s} { wait to buy a deb; nce opragreement. 1. (paid to) 2, {paid to) VA (12) Buyer Signs X 3, {paid te) VA (13) Trade-in Vahicle(s} 4. (paid to) N/A 4) 4. Vehicle 1 5. (paidto) N/A, 5) Year Make Prict Cradit or Lease Balance (e) paid by Seller to Modal Odometer Vetiie 1 WA Veticie2 N/A Wd} VIN (o0¢ downpayment and trade-in calculation) 49 a, Agreed Value of Property & 0.00 (Optional) Debt Cancellation Agraemant (6 b. BuyetCo-Buyer Retained Trade Equity $ NA {Optional) Used Vehicle Contract Cancellation Option Agreement ©. Agreed Value of Property Other (paid to} | WA (M) Balng Traded-In (a-b) a N/A For N/A Prior Gredit or Lease Balance $ NA N, Other (paid to} NA ay Net Trade-In (-<)) (must be 2 0 For for buyerico-buyer to retain equity) $ 0.00 4 9,684.05 (1) Total Cash Price (A through N) $ se 2. Vehicle 2 Amounts Paid to Public Officials: Year Make A. Vehicle License Fess N/A (ajestmaTen Model Odometer B. Registration Transfer/Tilling Fees 15 (8) VIN C, Callfornia Tire Feas. WA (c) Agreed Vi 2 of Property $ 0.00 D, Other 0-8 Retained Trade Equlty $ NIA Total Official Fees (A through D} 00 le of Properly id Vs Amount Paid to insurance Companies {Total premiums trom Statament of insuran 00 26 (= or Tra d-In (ab) or Lease Balance § § N/A N/A, State Emissions Cettification Fae or C1 State Emissions Exemption Fae 6. Net Trads-In (c-d) (must be 2 0 Subtotal (1 through 4) 319,707.30 (6) for buyerco-buyer to retain equity) $ 0.00 Total Downpayment § N/A (A) A, ‘Total Agread Value of Property Being Traded-In (see Trade-In Vehicle(s}): Total Agreed Value of Property Vehicle 1§ Vehicle 25 Being Traded-In (1¢+2¢) $ NAY Total Lass Prior Cradit or Lease Balance (e) N/A (By Total Prior Credit or Lease N/A NIA® Vehicle 1§ Vehicle 2 $ Balance (1d42d) Toial Net Trade-tn ( ) (Indicate if negative number) NVA (6) Total Net Trade-In (1o¥2e) § Ni Vehicle 1 0 vehicis 2.$ 0.00 (*See item 6A-6C in the Ramilzation of Amount Financed) D. Deferred Downpayment Payable to Seller $ WA (0) E, Manutacturers Rebate $ NIA (8) OPTION: C] You pay no finance charge if the FE Cither NIA (F) Amount Financed, item 7, is paid in full on or G Cash, Cash Equivalant, Check, Credit Card, or Debit Card $__3,000.00 (a) before Year N/A Total Downpaymesit through G} 55,000.00 (6) SELLER'S INITIALS {i negative, enter zerqfon jhe 6 ardent ep tase than Zero as a positive number on line 1J above) ; 7. Amount Financ: less 8) 14,707.36 %Buyer Signs x Z vy 7 woe it OPERUPEP SI GAG AEN! Is pledged as collateral to Wells Fargo Page 2 of 7 Copy created on Oct. 28, STO PEDT Cosa er OAD NA atAMEGES-CA-ARB-Ops 7/16 VT 1020629Copy of Electronic Original docs got the h the Corea Demand (EODTradedn Payoff Agreement: Seller relied on information from you andor the lienholder or lessor of your trade-in vehicfe(<) to arrive at the payoff atrount shown as the Prior Credit or LeaseBalance in Trade-In Vehicle(s}. You understand that the amount quoted is an estimate. Seller agrees to pay ihe payoff amount shown as the Pror Credit or Lease Balance i Trade-In Vehicla(s) to the flenholder or lassor of the trade-in vehicie(s), or its designee. If the actual payor amount is more than the ‘amour shown as the Prior Credit of Lease Balance in Trade-in Vehicla( 8), you must pay the Seller the excess or demand. jf the actual payott amount is Jags than the amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle( (8), Seller will rafund to you any average Seller racelves from your prior lienholder or lessor. Except as or any refund. stated in the NOTICE” on page 5 of this contract, any assignes of this contract wil not be obligated to pay the Prior Credit or Lease Balance shown in Trade-In Vehicle(s) Buyer Signature X N Co-Buyer Signatura XHOW THIS COI NTI CAN BE GHANGED, This contract contains the entirs agreement between you and us relating (o tis contract. Any change to the centract must be inwriting and both yoyZindBuyer Signs X Co-Buyer Signs X ppsSELLER'S Ril HT ICEL {f Buyar and Go-Buyer sign here, the provisions of the Sellers Right to Cancel section on page 5 of this contract giving the Seller the right to cancal if Seller isunable to aséign tract to a financial Institution will apply,Buyer X Co-Buyer X UNSURE WHETHER OF THE MINIMUM PUBLIC LIQSILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE WET BY EVERY PERSON WHO PURCHASES A VEHICLE, IF YOU ARE NOT VOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSUI RANGE AGENT. WARNING: FOR THE VEHIGLE BEING PURCHASED, IF YOU DC YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YO! UA INSURANCE AGENT OR THROUGH THE SELLING DEALER. HOWEVER, QINLESS OTHERWISE SPECIFIED, THE COy Ou TAIN THROUGH THE DEALER PROTECTS ONLY THE DEAI LER, USUALLY UP TO THE AMOUNT OF THE UNPAID BALAI REMAINING AFTER THE VEHICLE HAS SED AND SOLD. THE EVEL OF LQ BD R VEHICLE, YOU SH i CONTACT YOUR INSURANCE AGENT. FOR ADVICE, ff FULL COVERAGE THAT WILL PROTECT YQ THE BUYE! oH LL SIGNTO ACKN WLEDGE THAT HE/SHE UNDERSTANDS THI (ABI ;ONDI, SX A r U NOT CLAIM PROCEDif you bec ome disabled, you must tell us right away, (You are advised to sendiithis infor to the same address to which you are normallyrequired to send your payments, unless a different address or tele, phone number is given to you in writing by us as the location where we wouldlike fo be notified.) We will tall you where to get claim forms. You must send in the completed form to the insurance company as soon as possibleand tell us as soon as you do,If your disability insurance covers all 1 of your missed payment(s), WE CANNOT TRY TO COLLECT WHAT YOU OWE OR FOREGLOSE UPONOR REPOSSESS ANY COLLATER, AL UNTIL THREE CALENDAR MONTHS AFTER your first missed payment is due or until the insurancecompany pays or rejects your claim, whichavar comes first. We can, however, collect, foreciose, or repossess if you have any money dueand owing us or are otherwise in default when your disability claim is made or if e senior mortgage or Hen holder is foreclosing.If the insurance company pays the claim within the three caleng hi ust accept the money as though you paid on time. If theinsurance company rejects the claim within the three calendar mo 1s OF ‘the claim within the three catendar months on a partial disabilitya 

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