SUM-100

SUMMONS FOR COURT USE ONLY

(SOLO PARA USO DE LA CORTE)
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
r;u--- - -.
(AV/SO AL DEMANDADO):
CREDITORS SPECIALTY SERVICE OF NEVADA INC., a Nevada
corporation; (Additional Parties Attachment form is attached)
IORI(HNAJ., FILED i
YOU ARE BEING SUED BY PLAINTIFF: I FEB P3 2017 Ji.
(LO ESTA DEMANDANDO EL DEMANDANTE):
ROBERT KERNS
t LOS AN .t~LLS
lUt~~RI9..I:L~S?_i.fHT

NOTICE! You have been sued . The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/se/fhelp), your county law library, or the courthouse nearest you . If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/se/fhe/p), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
1AVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informaci6n a
continuaci6n.
Tiene 30 DIAS DE CALENDARIO despues de que le entreguen esta citaci6n y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una flamada telef6nica no Jo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formu/ario que usted pueda usar para su respuesta.
Puede encontrarestos formu/arios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de /eyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte
que le de un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podra quitar su sue/do, dinero y bienes sin mas advertencia.
Hay otros requisitos /egales. Es recomendable que /lame a un abogado inmediatamente. Si no conoce a un abogado, puede flamar a un servicio de
remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios Jegales sin fines de /ucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www .sucorte.ca.gov) o poniendose en contacto con la corte o el
colegio de abogados locales. A VISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperaci6n de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.

The name and address of the court is: CASE NUMBER:

(Numero de/ Caso):
(El nombre y direcci6n de la corte es): Los Angeles Superior Court
1 Aic ~~
Lt1 ' t.i 3 .c o
,;_,u
6230 Sylmar A venue ~
Van Nuys, CA 91401 _cJ'
The name, address, and telephone number of plaintiff's attornw. or plaintiff without an attorney, is:
(El nombre, la direcci6n y el numero de telefono def abogado.._$ el demandante, o def demandante que no tiene abogado, es):
Robert Kerns; 8'.}3~4 Quartz Avenue, Winnetka, C'A 91306; (442) 284-5421
.~ ~
'V ~
~ ...
DATE: ~ c'.' Clerk, by , Deputy
(Fecha) \, _,(;, (Secretario) '-: (Adj unto)
(For proof of ~~!Nice of this summons, use Proof ofjBi'Vice of Sfumf m ons (formf POS-010).()POS .~
(Para pruel:Ja ue entrega de esta citation use el for1!J1.Jlario Proo o 5 ervice o 5 ummons, -01 0)). ..:--..
NOTICE TO TH(:)>ERSON SERVED: You are served .~.,.-
1. D
[SEAL]
as arr.jndividual defendant.
2. D as t?..eperson sued under the fictitious name of (specify):
Q.
c"'.
3. D on. behalf of (specify):

under: D CCP 416.10 (corporation) D CCP 416.60 (minor)

4.
Form Adopted for Mandatory Use
Judicial Council of California
SUM-100 (Rev. July 1, 2009]
D CCP 416.20 (defunct corporation)
D CCP 416.40 (association or partnership)
D other (specify):
D by personal delivery on (date) :
SUMMONS
D CCP 416.70 (conservatee)
D CCP 416.90 (authorized person)
Pa e1ot1
Code of Civil Procedure 41 2.20, 465
www.courtinfo.ca.gov
 SUM-200(A)
CASE NUMBER:
SHORT TITLE:
_ Kerns vs. Creditors Specialty Service of Nevada, Inc., et al.

INSTRUCTIONS FOR USE

... This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons .
... If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties
Attachment form is attached."

List additional parties (Check only one box. Use a separate page for each type of party.):

D Plaintiff [ZJ Defendant D Cross-Complainant D Cross-Defendant

CREDITORS SPECIALTY SERVICE, INC., a California corporation; CRESCENTA VALLEY TOW,

INC., a California Corporation; CHARLES V. STANLEY, an individual; EXPERIAN INFORMATION
SOLUTIONS, INC.; and DOES 1 through 10, inclusive.

Page of
Page 1 of 1
Form A dopted for MandatOl)I Use
Judicial Council of California
ADDITIONAL PARTIES ATTACHMENT
S UM-200(A ) [Rev. January 1, 2007! Attachment to Summons
 CM-010
ATTORNEY OR PARTY WITHOUTATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
ROBERT KERNS
8334 Quartz Avenue
Winnetka, CA 91306
TELEPHONE NO. ( 442) 284-5421 FAX NO.:
ATTORNEY FOR (NameJ: In Pro Per
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
sTREEr ADDREss: 6230 Sylmar Ave. FEB 23 2017
MAILINGADDREss: 6230 Sylmar Ave.
CITY AND ZIP CODE: ,...J<.......'-'-'...._....,_....._..c;;o.....;,r...i..::z~------------------.1
BRANCH NAME:
CASE NAME:
Kerns vs. Creditors S ecialty Service of Nevada, Inc. et al.
CASE NUMBER:
CIVIL CASE COVER SHEET Complex Case Designation
[ ] ] Unlimited D Limited D Counter D Joinder
(Amount (Amount JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be completed (see instructions on page 2).
1 . Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
D Auto(22) D Breach of contracUwarranty (06) (Cal. Rules of Court, rules 3.40G-3.403)
D Uninsured motorist (46) D Rule 3.740 collections (09) D AntitrusUTrade regulation (03)
Other Pl/PD/WO (Personal Injury/Property D Other collections (09) D Construction defect (10)
Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40)
D Asbestos (04) D Other contract (37) D Securities litigation (28)
D Product liability (24) Real Property D Environmental/Toxic tort (30)
D Medical malpractice (45) D Eminent domain/Inverse D Insurance coverage claims arising from the
D Other Pl/PD/WO (23) condemnation (14) above listed provisionally complex case
Non-Pl/PD/WO (Other) Tort D Wrongful eviction (33) types (41)

[ZJ Business torUunfair business practice (07) DOther real property (26) Enforcement of Judgment
D Civil rights (08) Unlawful Detainer D Enforcement of judgment (20)
D Defamation (13) DCommercial (31) Miscellaneous Civil Complaint
D Fraud(16) D Residential (32) D RIC0 (27)
D Intellectual property (19) D Drugs(38) D Other complaint (not specified above) (42)
D Professional negligence (25) Judicial Review Miscellaneous Civil Petition
D Other non-Pl/PD/WO tort (35) D Asset forfeiture (05)
D Partnership and corporate governance (21)
Employment D Petition re: arbitration award (1 1)
D Other petition (not specified above) (43)
D Wrongful termination (36) D Writ of mandate (02)
D Other employment (15) D Other judicial review (39)
2. This case LJ is LLJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties d. D Large number of witnesses
b.0 Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c.D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision

b. [ZJ nonmonetary; declaratory or injunctive relief c. [ZJ punitive

NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3 .220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule .
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlv.
,Sage 1 of2
Form Adopted for Mandatory Use Cal. Rules of Court. rules 2.30, 3.220, 3.400-3.403, 3.740;
Judicial Council of California
CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std . 3.10
C M-010 [Rev. July 1, 2007] www.courtlnfo .ca.gov
 SHORT TITLE; CASE NUMBER
Kerns vs. Creditors Specialty Service of Nevada , Inc.

CIVIL CASE COVER SHEET ADDENDUM AND

STATEMENT OF LOCATION
{CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:

0 JURY TRIAL? !lJ YES CLASS ACTION? D YES LIMITED CASE? DYES TIME ESTIMATED FOR TRIAL 2 D HOURS/
~~-=--"-'-=-=-'-'=-='--=~
0 DAYS

() Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item Ill, Pg . 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.

Step 2: Check~ Superior Court type of action in Column B below which best describes the nature of this case.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0.

Applicable Reasons for Choosing Courthouse Location (see Column C below)

1. Class actions must be filed in the Stanley Mosk Courthouse, central district. 6. Location of property or permanently garaged vehicle .
2. May be filed in central (other county, or no bodily injury/property damage). 7. Location where petitioner resides.
3. Location where cause of action arose. 8. Location wherein defendant/respondent functions wholly.
4. Location where bodily injury, death or damage occurred . 9. Location where one or more of the parties reside.
5. Location where performance required or defendant resides. 10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item 111; complete Item IV. Sign the declaration.

-
A B c
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No (Che-ck only one) See Step 3 Above

Auto (22) D A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death 1 .. 2 ., 4 .

o~
"'5 0
<( I-
Uninsured Motorist (46) D A7110 Personal Injury/Property Damage/'v\lrongful Death - Uninsured Motorist 1., 2., 4.

D A6070 Asbestos Property Damage 2.

Asbestos (04)
D A7221 Asbestos - Personal Injury/Wrongful Death 2.
~~
G.> 0
a. 1-
0 .r; Product Liability (24) D A7260 Product Liability (not asbestos or toxic/environmental) 1., 2., 3., 4., 8.
Q:: i;
- G.>
~Cl D A7210 Medical Malpractice - Physicians & Surgeons 1., 4 .
.::!, 3 Medical Malpractice (45)
.E c;, D A7240 Other Professional Health Care Malpractice 1., 4 .
- c:
~
0
e
3:
t!! -Cll D A7250 Premises Liability (e.g ., slip and fall)
G.> 1., 4.
....
0...
a.o
.,,EC> Other
Personal Injury D A7230 Intentional Bodily Injury/Property Damage/'v\lrongful Death (e.g.,
1., 4.
.r; .,, Property Damage assault, vandalism, etc.)
50 Wrongful Death D A7270 Intentional Infliction of Emotional Distress
1., 3.
(23)
1., 4.
D A7220 Other Personal Injury/Property Damage/Wrongful Death

LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
LASC Approved 03-04 AND STATEMENT OF LOCATION Page 1 of 4
SHORT TITLE: CASE NUMBER
Kerns vs. Creditors Specialty Service of Nevada, Inc.

A B c
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No (Check only one) See Step 3 Above

Business Tort (07) 0 A6029 Other Commercial/Business Tort {not fraud/breach of contract) 1 ..)
Civil Rights (08) D A6005 Civil Rights/Discrimination 1., 2 ., 3.

Defamation (13) D A6010 Defamation {slander/libel) 1., 2., 3.

Fraud (16) D A6013 Fraud {no contract) 1., 2., 3.

D A6017 Legal Malpractice 1., 2., 3.

Professional Negligence (25)
D A6050 Other Professional Malpractice (not medical or legal) 1., 2., 3.

Other (35) D A6025 Other Non-Personal Injury/Property Damage tort 2.,3.

ecu Wrongful Termination (36) D A6037 Wrongful Termination 1., 2. , 3.

E
i;' D A6024 Other Employment Complaint Case 1., 2., 3.
ii. Other Employment (15)
E D A6109 Labor Commissioner Appeals 10.
w

D A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful

2 ., 5.
eviction)
Breach of Contract/ Warranty 2., 5.
(06) D A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence)
{not insurance) 1., 2. , 5.
D A6019 Negligent Breach of Contract/Warranty (no fraud)
1., 2 ., 5.
D A6028 Other Breach of Contract/Warranty {not fraud or negligence)
"t)
D A6002 Collections Case-Seller Plaintiff 2., 5., 6 .
~
c: Collections (09)
0 D A6012 Other Promissory Note/Collections Case 2. , 5.
(.)

Insurance Coverage (18) D A6015 Insurance Coverage (not complex) 1., 2 ., 5., 8.

D A6009 Contractual Fraud 1., 2., 3., 5.

Other Contract (37) D A6031 Tortious Interference 1., 2 ., 3., 5.
D A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) 1., 2., 3., 8.

Eminent Domain/Inverse
0 A7300 Eminent Domain/Condemnation Number of parcels___ 2.
Condemnation (14)

Wrongful Eviction (33) D A6023 Wrongful Eviction Case 2., 6.

D A6018 Mortgage Foreclosure 2., 6 .

Other Real Property (26) 0 A6032 Quiet Title 2., 6.
D A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2., 6.

Unlawful Detainer-Commercial
D A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2., 6 .
(31)

Unlawful Detainer-Residential
0 A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2 ., 6.
(32)

Unlawful Detainer-
D A6020F Unlawful Detainer-Post-Foreclosure 2., 6 .
Post-Foreclosure (34)

Unlawful Detainer-Drugs (38) 0 A6022 Unlawful Detainer-Drugs 2., 6.

LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2 .0
LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4
SHORT TITlE: CASE NUMBER
Kerns vs. Creditors Specialty Service of Nevada, Inc.

A B c
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No (Check only one) See Step 3 Above

Asset Forfeiture (05) 0 A6108 Asset Forfeiture Case 2 ., 6 .

Petition re Arbitration ( 11 ) 0 A6115 Petition to Compel/ConfirmNacate Arbitration 2., 5.

0 A6151 Writ - Administrative Mandamus 2 .. 8.

Writ of Mandate (02) D A6152 Writ - Mandamus on Limited Court Case Matter 2.

0 A6153 Writ - Other Limited Court Case Review 2.

Other Judicial Review (39) 0 A6150 Other Writ /Judicial Review 2., 8.

r:: Antitrust/Trade Regulation (03) D A6003 Antitrust/Trade Regulation 1., 2 .. 8.

.2
"'
.!2>
~
_J
Construction Defect (10) D A6007 Construction Defect 1., 2., 3.

~ Claims Involving Mass Tort

D A6006 Claims Involving Mass Tort 1., 2., 8.
Ci. (40)
E
0
0 Securities Litigation (28) D A6035 Securities Litigation Case 1., 2 ., 8.
~
(ii
r:: Toxic Tort
0 D A6036 Toxic Tort/Environmental 1., 2., 3., 8.
'iii Environmental (30)
~
Insurance Coverage Claims
a.. D A6014 Insurance Coverage/Subrogation (complex case only) 1., 2., 5., 8 .
from Complex Case (41)

0 A6141 Sister State Judgment 2 .. 9.

0 A6160 Abstract of Judgment 2 ., 6 .

Enforcement D A6107 Confession of Judgment (non-domestic relations) 2 .. 9.

of Judgment (20) 0 A6140 Administrative Agency Award (not unpaid taxes) 2 .. 8.

D A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2., 8.

D A6112 Other Enforcement of Judgment Case 2., 8 .. 9.

RICO (27) D A6033 Racketeering (RICO) Case 1., 2., 8.

0 A6030 Declaratory Relief Only 1., 2 .. 8.

Other Complaints D A6040 Injunctive Relief Only (not domestic/harassment) 2., 8.

(Not Specified Above) (42) 0 A6011 Other Commercial Complaint Case (non-tort/non-complex) 1., 2 ., 8.

D A6000 Other Civil Complaint (non-tort/non-complex) 1., 2., 8.

Partnership Corporation
D A6113 Partnership and Corporate Governance Case 2., 8.
Governance (21)

D A6121 Civil Harassment 2., 3., 9.

D A6123 Workplace Harassment 2 .. 3., 9.

D A6124 Elder/Dependent Adult Abuse Case 2., 3., 9.

Other Petitions
(Not Specified Above)
(43)
0 A6190 Election Contest 2.
0 A6110 Petition for Change of Name 2 . 7.
D A6170 Petition for Relief from late Claim law 2., 3., 4., 8.
D A6100 Other Civil Petition 2., 9.

LAC IV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
lASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4
SHO RT TITLE: CASE NUMBER
Kerns vs. Creditors Specialty Service of Nevada, Inc.

Item Ill. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other
circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.

ADDRESS:
REASON : Check the appropriate boxes for the numbers shown 8334 QUARTZ AVENUE
under Column C for the type of action that you have selected for
this case.

0 1. 0 2. 0 3. 0 4. 0 5. 0 6. 0 7. 0 8. 0 9. 0 10.

CITY: STATE: ZIP CODE:

WINNETKA CA 91306

Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that the above-entitled matter is properly filed for assignment to the Van Nuys East courthouse in the
_N_o_rt_h_w_e_st_ _ _ _ _ District of the Superior Court of California, County of Los Angeles [Code Civ. Proc .. 392 et seq., and Local
Rule 2.0, subds. (b), (c} and (d}].

Dated: February 21 , 2017

(SIGNATURE OF ATIORNEY/FILING PARTY)

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED ANO READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE :

1. Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.

3. Civil Case Cover Sheet, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.
03/11 ).
5. Payment in full of the filing fee, unless fees have been waived.

6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum
must be served along with the summons and complaint, or other initiating pleading in the case.

LACIV 109 (Rev. 03/11 ) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
LASC Approved 03-04 AND STATEMENT OF LOCATION Page 4 of 4
 CASBNUMBER . FlLBSTAMP

- -.. ... .,..

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PLAINTIFF(S)IPETITIONER(S)'

DEFENDANT{S)/RBSP.ONDENT(S)' ~
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NOTIE.0Fl '
TRIADSETrING/, ,
CASE. MANAGElVIENTi,
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: CO~RENCEI:'..-~ L~.!!:B!Y~9_ .::-.~~--

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--- ------ ... . . . .. - - .
OSRE!DIS1\1ISSAL .--.,,.. ,.. ---- . .. . .. . . .....
' .

TO THE FL.AlNTIFF(S) AND THE ATl'ORNEY OF llECOBD ,

.. . .
YOU ARB HEREBY NOTIFIBO .~T TBB:ABOVB MATIER HASBEEN ASSIGNED FOR ALL PtJRIIOSES;1t'

INCLUDING .TRIAL:, .. TO JUDGB FRANK.:'JOHNSON , PRE3ID1NO IN DEPARTMENT. . "T"... OF THB

NOR~T DISTRICToN 7 /; 7
/ .
/t 7 A.'l'8:30A.M.INTFiBSUPffiuoRc'oim.T,LOCATBDAT
6230 SYLMAR;A VENUE, VAN NUYSj'.Cl.91401.

You llill Ordered to serve this notice of Maring to all parties/attcmcys ' of record forthwith and serva a copy of this notice to all parties
ta tba aci:ion within 60 day11 of sorvice of this nctice..~The Court m:dcIS that except as otherwise mdcred in writing, all a.ttomeys (or
llilll:lpICSenl:cd pe:rties as applicable) appear at all scheduled hearings. All paities/attomcy11 ofrecmd ar~ onh:red to meet and confer
about tlmmattm to be discussed no la1cr than30 days br:fma this Case Management CanfctcIICa (whicJuhall takaplaca .appmximaicly :
140 daya from.filing of tblll complaint) .The compl.alllt :muat ba smved CD all .D.llIIIMdefendant11 and proofs of sarvice IIlll8t be filed
with tha Court within 60 days after tho filing of the complaint.;. Il all named defendanm bava Jiot been sarvi:d snd prcofa fil:d befm:~.
the 60 days have elapsed, application IIl1lSt have bemi madO with Court ta cxtcnd or othcrwiss lIIQdify Rulo CRC 3.110 (b),(c) and
(ei).

YOU ARB ORDERED~ . --- .. .

1). Ta give notice of this hearing and serve a copy of this notice to all parties to the action Within
60 days of service of this notice. ..

2)'. Ta bring to.the hearing the original Proof of Service of said notice to all of the other parties
senred.by you.,-.

ALL PARTIES ARE ORDERED to have trial counsel, or an attorney thoroughly farnUiar with the case
and trial counsel's calendar, appear at the hearing .

CERTIFICATE OF SERVICE .
Ir amdelivering.
not a party to the within action, and I certify that I personally served a tmc copy of tho above notice to the plaintiff
the. copy to the designated representative/attorney service at the time of filing of the original complaint~

o I am not a party to the within action, and I certify that I personally served a true copy of the above notice to tho
plaintiff or his attorney of record by delivering the copy in person this data to collllSei for plaintiff or plaintiff in pro per

.\CORPORATION MUST BE
REPRESENTED BY ALICENSED PHILIP YAP__,Deputy
r AT.IFORNIA ATTORNEY ____
------
 ROBERT KERNS
-
t0
~~ ~
8334 Quartz Avenue ' ORIG-~,~u. F!LEDj
2 Winnetka, CA 91306
3
Telephone: (442) 284-5421
rEB 23 2017 J~
Plaintiff in Pro Per
4 :"<.J ,~i I::. tJ~~ S
! L ....>8 r
L~OPER[QR ccn.:nT
() 5

6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
COUNTY OF LOS ANGELES
8
(Northwest District - Van Nuys Courthouse East)
9
10 ROBERT KERNS, Case No.
Plaintiff,
11
vs . VERIFIED COMPLAINT FOR:
12
CREDITORS SPECIALTY SERVICE OF (1) VIOLATION OF CALIFORNIA
13 ROSENTHAL FAIR DEBT
NEVADA INC., a Nevada corporation;
14 CREDITORS SPECIALTY SERVICE, INC., COLLECTION PRACTICES ACT,
a California corporation; CRESCENTA CAL. CIV. CODE 1788 ET SEQ.;
15 VALLEY TOW, INC., a California
Corporation; CHARLES V. STANLEY, an (2) VIOLATION OF CALIFORNIA
l6 individual; EXPERIAN INFORMATION FAIR DEBT BUYING PRACTICES
SOLUTIONS, INC. and DOES 1through10, ACT, CAL. CIV. CODE 1788.56 ET
17 SEQ.;
inclusive,
18
Defendants. (3) VIOLATION OF CALIFORNIA
19 CONSUMER CREDIT REPORTING
AGENCIES ACT, CAL.CIV. CODE
20 1785 ET SEQ.;
21
(4) VIOLATION OF CALIFORNIA
22 CALFORNIA CONSUMER LEGAL
REMEDIES ACT, CAL. CIV. CODE
23 1750 ET SEQ.;

24 (5) VIOLATION OF CALIFORNIA

UNFAIR COMPETITION LAW, CAL.
25
BUS. & PROF. CODE 17200 ET.
26 SEQ.

27 REQUEST FOR JURY TRIAL

28

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VEFIFIED COMPLAINT
 1 Plaintiff ROBERT KERNS alleges as follows:

2 PARTIES

3 1. Plaintiff ROBERT KERNS ("KERNS") is a resident of the State of California,

4 County of Los Angeles.

5 2. Defendant CREDITORS SPECIALTY SERVICE OF NEVADA INC., ("CSS

6 NV") is a Nevada corporation organized under the laws of the State of Nevada with its principal

7 place of business in the State of California and doing business in the County of Los Angeles

8 located at 32023 Crown Valley Road, Acton, California 93510.

9 3. Defendant CREDITORS SPECIALTY SERVICE, INC. ("CSS") is a

1O California corporation organized under the laws of the State of California with its principal place

11 of business in the State of California and doing business in the County of Los Angeles located at

12 32023 Crown Valley Road, Acton, California 93 510.

13 4. Defendant CRESCENTA VALLEY TOW, INC. ("CRESCENTA VALLEY

14 TOW") is a California corporation organized under the laws of the State of California with its

15 principal place of business in the State of California and doing business in the County of Los

16 Angeles at 4456 Cloud Avenue, Crescenta, California 91214.

17 5. Defendant CHARLES V. STANLEY ("STANLEY") is a natural person and a

18 citizen of the State of California residing at 6610 Juniper Crest Rd, Santa Clarita, California

19 91390. STANLEY is the President, Secretary, Treasurer and director of both CSS and CSS NV.

20 Defendants STANLEY, CSS and CSS NV are all the alter-egos of each other such that a unity

21 of interest and ownership between CSS, CSS NV and their equitable owner STANLEY such

22 that the separate personalities of the corporations and the shareholder STANLEY does not in

23 reality exist.

24 6. Defendants CSS NV, CSS, CRESCENTA VALLEY TOW and STANLEY, in

25 the ordinary course of business, regularly, on behalf of themselves or others, engages in debt

26 collection as that term is defined by California Civil Code 1788.2(b), and each and every

27 named Defendant is therefore a "debt collector" as that term is defined by California Civil Code

28 1788.2(c) and 15 U.S.C. 1692a(6).

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VEFIFIED COMPLAINT
 1 7. Defendants CSS NV, CSS and STANLEY are "debt buyers" who are regularly

2 engaged in the business of purchasing charged-off consumer debt for collection purposes and are

3 each therefore "debt buyers" as that term is defined by California Civil Code l 788.50(a)(l).

4 8. Defendant EXPERIAN INFORMATION SOLUTIONS, INC.

5 ("EXPERIAN") is an Ohio corporation with its office and principal place of business located at

6 505 City Parkway West, Orange, California 92868. Experian's National Consumer Assistance

7 Center is located in Allen, Texas. EXPERIAN is a "consumer credit reporting agency" as

8 defined by California Civil Code. 1785.3(d).

9 9. The wrongful acts alleged herein were completed, ratified and/or confirmed by

10 each Defendant directly or as a successor-in-interest as the acquirer of the business of the other

11 Defendants, and each Defendant performed or has sought to benefit from the wrongful acts set

12 forth herein for its own monetary gain and as a part of a common scheme developed and carried

13 out with the other Defendants or as a successor-in-interest to the business that did the foregoing.

14 10. The true names and capacities of the Defendants listed herein as DOES 1

15 THROUGH 10 are unknown to KERNS who therefore sues these Defendants by such fictitious

16 names. Each of the Doe Defendants was the agent of each of the other Defendants herein,

17 named or unnamed, and thereby participated in all of the wrongdoing set forth herein.

18 11. Those entities that knowingly participated in the scheme are jointly and severally

19 liable with the Defendants for their acts in devising, directing, knowingly benefitting from and

20 ratifying the wrongful acts alleged herein. On information and belief, each such Defendant is

21 responsible for the acts, events and wrongdoing set forth herein and is sued for that reason.

22 Upon learning the true names and capacities of the Doe Defendants, KERNS shall seek leave of

23 Court to amend this Complaint.

24 12. Such knowing participants include, without limitation, legal and natural persons

25 owned in whole or in part by the Defendants or affiliates thereof, legal and natural persons

26 owning directly or through affiliates financial interests in the Defendants, legal and natural

27 persons directly or through affiliates acting pursuant to contracts to share in the benefits of the

28 wrongdoing alleged in this Complaint and knowing to at least some degree committing acts and

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VEFIFIED COMPLAINT
 1 omissions in support thereof and legal and natural persons knowing to at least some degree

2 acting in concert with the Defendants.

3 13 . As to those legal and natural persons acting in concert without an express legal

4 relationship with Defendants or their affiliates, on information and belief, the Defendants

5 knowingly induced and encouraged the parallel acts, created circumstances permitting and

6 authorizing the parallel acts and omissions, benefited therefrom and ratified the improper

7 behavior, becoming jointly and severally liable therefore.

8 JURISDICTION

9 14. Venue is proper in Los Angeles County in accordance with Section 395(a) of the

10 California Code of Civil Procedure because, on information and belief, some or all of the

11 Defendants were citizens of and/or working in California to achieve the unlawful objectives set

12 forth herein, reside in and/or do business in Los Angeles County and committed the unlawful

13 acts alleged herein in Los Angeles County. This Court has jurisdiction over the Defendants

14 because a substantial portion of the wrongdoing alleged in this Complaint took place in

15 California, the Defendants are authorized to do business here, the Defendants have sufficient

16 minimum contacts with California to render the exercise of jurisdiction by California courts

17 permissible.
18 FIRST CAUSE OF ACTION FOR DAMAGES AND PENALTIES

19 VIOLATION OF CALIFORNIA ROSENTHAL FAIR DEBT

20 COLLECTION PRACTICES ACT,

21 CAL. CIV. CODE 1788 ET SEQ

22 (Against CSS NV, CSS, CRESCENTA VALLEY TOW, STANLEY and DOES 1-10)

23 15. KERNS realleges and incorporates by reference each and every allegation in

24 Paragraphs 1 through 14 above as ifthe same were fully set forth herein.

25 16. On February 1, 2017 CSS NV mailed KERNS a letter alleging KERNS owes

26 CSS NV $1,753.01 with no further explanation provided. Said letter does not advise KERNS
27 of the date the debt was allegedly incurred. (A copy of said letter is attached hereto as

28

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VEFIFIED COMPLAINT
 1 EXHIBIT A.) KERNS was told upon telephoning CSS NV that the debt was allegedly incurred

2 in 2011 in connection with the towing and sale of a vehicle by CRESCENTA VALLEY TOW.

3 17. The very first line in CSS NV' s February 1, 201 7 letter to KERNS falsely states

4 in bold, capitalized and underlined print, "YOU ARE IN DEFAULT ON YOUR PAYMENT

5 ARRANGEMENT." Yet CSS NV either knows or should know that there is no "payment

6 arrangement" with KERNS under which KERNS is in default.

7 18. The statute oflimitations for collecting on a debt on account in California is four

8 years per Cal. Code Civ. Proc. 337. Thus, the deadline for any Defendant herein to have

9 initiated a civil action with regard to this alleged debt had passed years prior.

10 19. Said letter from CSS NV to KERNS states that CSS NV has "extended to you the

11 opportunity to take care of this delinquent account voluntarily." This statement falsely implies

12 that payment can be compelled through involuntary means, i.e. litigation.

13 20. Said letter states that CSS NV may rely upon "avenues of legal collection

14 procedures" to enforce the alleged debt. Any reasonable person, would naturally interpret this

15 statement to mean that CSS NV is not making reference to "legal" procedures as opposed to

16 "illegal" ones but, rather, that "avenues of legal collection" refers to a civil lawsuit.

17 21. Said letter states that the debt allegedly incurred by KERNS "may include

18 attorney fees, court costs and/or other collection costs. " Yet there can be no "attorney fees" or

19 "court costs" allowable in connection with the alleged debt since said debt is well outside of any

20 applicable statute of limitations based upon any conceivable legal theory and such fees could not

21 be lawfully added to the alleged debt in any event.

22 22. Despite the fact that said letter does include one of required necessary verbatim

23 disclosures required by State and federal law at the end of the letter, i.e. that a debtor has 30 days

24 in which to dispute the validity of the debt before a creditor may assume the debt is valid, CSS

25 NV additionally states therein that KERNS "must contact this office within the next five (5)

26 days" and that "we intend to satisfy this account for our client, by whatever means necessary. "

27 These statements, in conjunction with veiled threats oflegal action stated in the paragraphs

28 above, are designed to leave KERNS with the false impression that he had five days from receipt

-5-
VEFIFIED COMPLAINT
 1 of said letter in which he was required to contact CSS NV to make payment arrangements or

2 face legal action.

3 23. CSS NV well knows there are no "means" which it may employ to compel

4 involuntary payment by KERNS. All of the statements in CSS NV's February 1, 2017 letter to

5 KERNS, taken individually and in conjunction with each other, are carefully crafted by CSS NV

6 to take advantage of the fact that the vast majority of consumers do not understand their legal

7 rights with respect to time-barred debts and to falsely convey to a consumer that a lawsuit may

8 be filed.

9 24. The California Rosenthal Fair Debt Collection Practices Act (Civ. Code 1788 et

10 seq.) (hereinafter "RFDCPA") was specifically enacted to "prohibit debt collectors from

11 engaging in unfair or deceptive acts or practices in the collection of consumer debts." (Civ. Code

12 1788.l(a)(2)) The RFDCPA the incorporates all of the requirements of its federal counterpart

13 the Fair Debt Collection Practices Act. (15 U .S.C. 1692-1692p) (hereinafter "FDCPA").

14 25. Civil Code 1788.13(e) states that no debt collector shall collect or attempt to

15 collect a consumer debt by, "The false representation that the consumer debt may be increased

16 by the addition of attorney's fees, investigation fees, service fees, finance charges, or other

17 charges if, in fact, such fees or charges may not legally be added to the existing obligation." CSS

18 NV's statement as set forth in Paragraph 21 hereinabove that, KERNS' alleged debt to CSS NV

19 "may include attorney fees, court costs and/or other collection costs" is therefore in violation

20 of the RFDCPA.

21 26. Civil Code 1788.14(b) states that no debt collector shall collect or attempt to

22 collect a consumer debt by, "Collecting or attempting to collect from the debtor the whole or any

23 part of the debt collector's fee or charge for services rendered, or other expense incurred by the

24 debt collector in the collection of the consumer debt, except as permitted by law." CSS NV's

25 statement as set forth in Paragraph 21 hereinabove that, KERNS' alleged debt to CSS NV "may

26 include attorney fees, court costs and/or other collection costs" is therefore in violation of the

27 RFDCPA.

28

-6-
VEFIFIED COMPLAINT
 1 27. Civil Code 1788. l 3(j) states that no debt collector shall collect or attempt to

2 collect a consumer debt by, "The false representation that a legal proceeding has been, is about to

3 be, or will be instituted unless payment of a consumer debt is made." Because the alleged debt is

4 beyond the statute of limitations in Code Civ. Proc. 337 CSS NV's statement as set forth in

5 Paragraph 20 hereinabove that CSS NV may rely upon "avenues of legal collection procedures"

6 is therefore in violation of the RFDCPA. Further, CSS NV's references to "attorney fees" and

7 "court costs" as set forth in Paragraph 21 hereinabove is therefore in violation of the RFDCPA.

8 Moreover, CSS NV's statement as set forth in Paragraph 19 hereinabove that it has "extended to

9 you the opportunity to take care of this delinquent account voluntarily" falsely implies that
1O payment may be coerced by involuntary means, i.e. litigation. Each and all of these statements,

11 taken individually and especially in conjunction with each other, are in violation of the RFDCP A

12 because no defendant herein has any legal recourse whatsoever against KERNS.

13 28. The federal FDCPA states that "a debt collector may not use any false, deceptive,

14 or misleading representation or means in connection with the collection of any debt. " ( 15 USC

15 1692e). The California RFDCPA specifically references and incorporates all of the provisions o

16 theFDCPA:

17 "Notwith stand ing any other provision of this

title, every debt collector collecting or
18 attempting to collect a consumer debt shall
comply with the provisions of Sections 1692b to
19 1692j, inclusive, of, and shall be subject to
20 the remedies in Section 1692k of, Title 15 of
the United States Code." (Civ. Code 1788.17)
21

22 29. Numerous cases have held that it is a violation of the FDCPA for a debt collector

23 to use language falsely implying that a debt outside of the statute oflimitations is legally

24 enforceable. The debt KERNS is alleged to owe is well outside the statute of limitations in

25 California and the CVV NV may not use language in its correspondence to imply litigation

26 remains a possibility. McMahon v. LVNV Funding, LLC, 744 F.3d 1010, 1020, 1021 (7th Cir.

27 2014) ("If the debt collector uses language in its dunning letter that would mislead an

28 unsophisticated consumer into believing that the debt is legally enforceable, regardless of

-7-
VEFIFIED COMPLAINT
 1 whether the letter actually threatens litigation, the collector has violated the FDCPA.") Because

2 a violation of the federal FDCP A exists in this regard, a violation of the State RFDCP A also

3 exists.

4 30. CSS NV's letter is further in violation of the FDCPA 15 U.S.C. 1692e(l 0)

5 because it states "YOU ARE IN DEFAULT ON YOUR PAYMENT ARRANGEMENT"

6 which is false and misleading. CSS NV either knows or should know that there are no payment

7 arrangements with regard to this particular debt and indeed any debt with regard to the entire

8 "debt portfolio" of a towing company on whose behalf CSS NV ostensibly is collecting.

9 CSS NV has thus again violated the RFDCP A by making such a false statement.

10 31. Civil Code 1788.30(b) provides for statutory damages for each of the violations

11 set forth hereinabove and Civil Code l 788.30(c) states that attorney' s fees "shall be awarded to

12 a prevailing debtor. "

13 SECOND CAUSE OF ACTION FOR DAMAGES AND PENALTIES

14 VIOLATION OF CALIFORNIA FAIR DEBT BUYING PRACTICES ACT,

15 CAL. CIV. CODE 1788.56 ET SEQ,

16 (Against CSS NV, CSS, STANLEY and DOES 1-10)

17 32. KERNS realleges and incorporates by reference each and every allegation in

18 Paragraphs 1 through 31 above as if the same were fully set forth herein.

19 33 . On January 1, 2014, the California Debt Buying Practices Act (Civil Code

20 1788.50) (hereinafter "FDBP A") was enacted and imposed substantial new restrictions,

21 requirements and mandated disclosures by debt buyers in California. It also created new liability

22 for debt buyers. For example, a plaintiff may bring a class action suit thereunder, and damages

23 are not to exceed the lesser of $500,000 or one percent of the net worth of the debt buyer. (Civil

24 Code 1788.62).

25 34. Because the FD BPA imposed new requirements upon "debt buyers" in California,

26 including strict requirement that the debt buyers clearly state various consumer rights in

27 collection notices that would render collection of debt beyond the statute oflimitations

28 impossible, many debt buyers have sought to re-structure the appearance of their agreements for

-8-
VEFIFIED COMPLAINT
 1 the purchase of junk debt portfolios to have the dubious appearance that those debt buyers are

2 'employed ' as 'agents' of the original creditor. In doing so, such unscrupulous junk debt buyers

3 erroneously believe they have skirted the consumer protections afforded by the FD BP A.

4 35. KERNS is unaware of the true nature of the agreement between Defendant

5 CRESCENTAVALLEY TOW, INC. as to whether CRESCENTAVALLEY TOW, INC.

6 has "employed" CSS NV, CSS and CHARLES V. STANLEY to collect debt, in which case

7 CRESCENTA VALLEY TOW, INC. has liability under the doctrine of respondeat superior

8 or, instead, whether CRESCENT AVALLEY TOW, INC. has legitimately "sold" its debt

9 portfolio to the other defendants herein. On information and belief, and unless and until such

1O time as it is demonstrated in discovery to be otherwise, KERNS alleges as to this cause of action

11 that Defendants CSS NV, CSS and CHARLES V. STANLEY are " debt buyers" within the

12 meaning of Civil Code 1788.SO(a)(l).

13 36. "A debt buyer shall not make any written statement to a debtor in an attempt to

14 collect a consumer debt unless the debt buyer has access to a copy of a contract or other

15 document evidencing the debtor's agreement to the debt." l 788.52(b) There is no contract or

16 agreement between KERNS and any Defendant herein.

17 37. Civil Code 1788.52(d)(l) requires that the following notice to be added to an

18 initial demand letter:

19 "You may request records showing the

following: (1) that [insert name of debt
20 buyer] has the right to seek collection of the
debt; (2) the debt balance, including an
21 explanation of any interest charges and
additional fees; (3) the date of default or
22 the date of the last payment; (4) the name of
23
the charge-off creditor and the account number
associated with the debt; (5) the name and
24 last known address of the debtor as it
appeared in the charge-of f creditor's or debt
25 buyer's records prior to the sale of the debt,
as appropriate; and ( 6) the names of all
26 persons or entities that have purchased the
debt. You may also request from us a copy of
27
the contract or other document evidencing your
28 agreement to the debt. A request for these
records may be addressed to: [insert debt
-9-
VEFIFIED COMPLAINT
 buyer ' s active mailing address and email
1 add re ss , if applicable]."
2 CVV NV' s February 1, 2017 letter to KERNS contained no such notice.
3 38. If collecting on a time - barred debt, Civil Code 1788.52(d)(l) requires that the
4 following notice to be included in an initial demand letter:
5
" The law l imi ts how long you can be sued on a
6 debt . Because of the age of your debt , we will
not sue you for it . If you do not pay the
7 debt, [insert name of debt buyer] may
[continue to] report it to t he credit
8 reporting agencies as unpa i d for as long as
the law pe rmits this reporting.""
9

10 CVV NV' s February 1, 2017 letter to KERNS contained no such notice.

11 THIRD CAUSE OF ACTION FOR AND DAMAGES AND PENALTIES

12 VIOLATION OF CONSUMER CREDIT REPORTING AGENCIES ACT,

13 CAL. CIV. CODE 1785 ET SEQ.

14 (Against all Defendants)

15 39. KERNS realleges and incorporates by reference each and every allegation in

16 Paragraphs 1through38 above as if the same were fully set forth herein.

17 40. On January 31, 2017 CSS obtained a copy of KERNS ' credit report from

18 Experian Information Solutions, Inc. ("EXPERIAN"). Experian is one of the three major credit

19 reporting agencies in the United States and is within the definition of a "Consumer credit

20 reporting agency" under Civ. Code. 1785.3(d). KERNS is a "consumer" as defined by Civ.

21 Code. 1785.3(b). Said report obtained by CSS regarding KERNS is a "Consumer credit

22 report" as defined by Civ. Code. 1785.3(b)

23 41. The California Consumer Credit Reporting Agencies Act, Cal. Civ. Code

24 1785, et seq. ("CCRAA") regulates what persons or entities are lawfully entitled to obtain

25 credit reports and files from credit reporting agencies with regard to consumers and the specific

26 circumstances under which such information may be disclosed. California Civil Code Section

27 1785 .11 mirrors precisely the language of the Fair Credit Reporting Act ("FCRA"), 15 U .S.C.

28

- 10 -
VEFIFIED COMPLAINT
 1 Section 1681 b. With limited exceptions, both sections allow a creditor to pull a consumer credit

2 report only with either the written authorization of the consumer herself or a court order.

3 42. When CSS obtained KERNS credit report from EXPERIAN on January 31,

4 2017 CSS had no permissible purpose under the CCCRA to lawfully obtain such a report. While

5 debt collectors do routinely obtain credit reports in connection with their collection activities, on

6 behalf of themselves as debt buyers or acting on behalf of original creditors, they are only legally

7 permitted to do so if the collection is related to a "credit transaction." Here, the alleged creditor

8 is CRESCENTA VALLEY TOW which is a towing company that has sold a towed vehicle at

9 auction and kept the proceeds, yet alleges it is still owed money for towing and storage. The

10 alleged debt underlying Defendants' collection efforts does not arise out of any contract, legal

11 judgment, or "credit transaction" . .. it is simply a six-year-old assertion that KERNS owes a

12 debt for services involuntarily performed. Indeed, anybody can claim they are owed money but

13 that does not lawfully entitle them to view confidential personal credit files protected by State

14 and federal statutes. The Fair and Accurate Credit Transactions Act of 2003 makes clear that

15 "debt collection is a permissible purpose for obtaining a credit report under 1681 b(a)(3)(A)

16 only in connection with a ' credit transaction' in which a consumer has participated directly and

17 voluntarily." Pintos v. Pacific Creditors Association (9th Cir. 2007), 504 F.3d 792, 796.

18 43. EXPERIAN has violated the CCCRA by unlawfully providing CSS a copy of

19 KERNS credit report on January 31 , 2017. EXPERIAN either knows or should know that CSS

20 has no permissible purpose to obtain a credit report. For example, in 2014 in the case of Pintos

21 v. Pacific Creditors Association above EXPERIAN paid an $8 million settlement to end claims

22 that it illegally disclosed consumers' credit reports to a towing debt collection company under

23 identical circumstances to those set forth in this Complaint. Yet even since 2014 EXPERIAN

24 appears to have made no effort to vet its customers in order to cure such abuses and has been

25 sued time and again for such unlawful disclosures of personal credit reports. For example, in

26 Rodriguez v. Experian Information Solutions, Inc., 2016 WL 3976564 (W.D.Wash., July 25,

27 2016) the 9th Circuit Court of Appeals very recently again held that a creditor may only lawfully

28 obtain a credit report only if the underlying debt was in the nature of a credit transaction.

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VEFIFIED COMPLAINT
 FOURTH CAUSE OF ACTION FOR INJUNCTIVE RELIEF AND DAMAGES

2 VIOLATION OF CONSUMER LEGAL REMEDIES ACT,

3 CAL. CIV. CODE 1750 ET.SEQ.

4 (Against CSS NV, CSS, CRESCENTA VALLEY TOW, STANLEY and DOES 1-10)

5 44. KERNS realleges and incorporates by reference each and every allegation in

6 Paragraphs 1 through 43 above as if the same were fully set forth herein.

7 45. KERNS brings this action seeking injunctive relief pursuant to the Consumer

8 Legal Remedies Act ("CLRA"), California Civil Code 1770 and 1780. Section 1770(a)(l4)

9 of the CLRA specifically prohibits representations that a transaction confers or involves rights

10 remedies, or obligations which it does not have or involve or which are prohibited by law.

11 46. The Defendants have violated 1770(a)(l 4) of the CLRA by representing that

12 they have rights and remedies that are prohibited by law, specifically that they have the right to

13 collect a third-party debt through legal action and without providing notices required by law.

14 Because the alleged debt is beyond the statute oflimitations in Code Civ. Proc. 337 CSS NV's

15 statement as set forth in Paragraph 20 hereinabove that CSS NV may rely upon "avenues of

16 legal collection procedures" is therefore in violation of the CLRA. Further, CSS NV's
17 references to "attorney fees" and "court costs" as set forth in Paragraph 21 hereinabove is

18 therefore in violation of the CLRA. Moreover, CSS NV's statement as set forth in Paragraph 19

19 hereinabove that it has "extended to you the opportunity to take care of this delinquent account

20 voluntarily" falsely implies that payment may be coerced by involuntary means, i.e. litigation.
21 Each and all of these statement, taken individually and especially in conjunction with each other,

22 are in violation of the CLRA because no Defendant herein has any legal recourse whatsoever

23 against KERNS.

24 47. Pursuant to California Civil Code 1770 and 1780, KERNS is entitled to

25 recover his actual damages sustained as a result of the Defendants' violations of the CLRA. Sue

26 damages include, without limitation, monetary losses and damages, and emotional distress

27 suffered by KERNS, which damages are in an amount to be proven at trial.

28

- 12 -
VEFIFIED COMPLAINT
 1 48. Pursuant to California Civil Code 1780(a)(2), KERNS is entitled to enjoin

2 Defendants from sending such false and deceptive collection letters as that sent by CSS NV to

3 KERNS as set forth in Paragraphs 16 through 22 hereinabove, and also to recover his reasonable

4 attorneys' fees and costs.

5 FIFTH CAUSE OF ACTION FOR INJUNCTIVE RELIEF AND RESTITUTION

6 VIOLATION OT THE UNFAIR COMPETITION LAW

7 CALIFORNIA BUSINESS AND PROFESSIONS CODE 17200 ET SEQ.

8 (Against all Defendants)

9 49. KERNS realleges and incorporates by reference each and every allegation in

I0 Paragraphs 1 through 48 above as if the same were fully set forth herein.

11 50. Plaintiff, acting as private attorney general, challenges the Defendants' practice o

12 sending such false and deceptive collection letters as that sent by CSS NV to KERNS on

13 February 1, 2017 as set forth in Paragraphs 16 through 22 hereinabove.

14 51. The Unfair Trade Practices Act defines unfair competition to include any

15 "unlawful," "unfair" or "fraudulent" business act or practice, including "false advertising."

16 (Business and Professions Code 17200, et seq.; 17500, et seq.)

17 52. The Defendants' practices are unlawful, unfair and fraudulent business practices

18 for the reasons set forth below, without limitation:

19 a) The practice of sending debt collection notices to California consumers which

20 falsely state that " YOU ARE IN DEFAULT ON YOUR PAYMENT

21 ARRANGEMENT.";
22 b) The practice of sending debt collection notices to California consumers which

23 violate the RFDCPA by falsely stating that CSS NV may rely upon "avenues of

24 legal collection procedures" and falsely making reference "attorney fees" and
25 "court costs" in order that consumers settle time-barred debt "voluntarily" as
26 opposed to involuntary collection measures, which do not exist;
27 c) The practice of sending debt collection noticed to California consumers which

28 violate the FDBP A by omitting the written required notices regarding important

- 13 -
VEFIFIED COMPLAINT
 1 consumer rights and, specifically, that a debt buyer "will not sue you" for a debt

2 which is beyond the statute oflimitations set forth in Cal. Code Civ. Proc. 337.

3 d) The practice of unlawfully obtaining credit reports and files, and in the case o

4 EXPERIAN indiscriminately providing those confidential personal files to third-

5 parties, regarding alleged debts which are not "credit transactions" as set forth in

6 Fair and Accurate Credit Transactions Act of 2003 .

7 53. Pursuant to Business and Professions Code 17200, et seq., KERNS is entitled to

8 enjoin the practices set forth in the preceding paragraph and to obtain restitution of all funds

9 obtained by the Defendants by reason of and through the use of these unlawful, unfair and

10 fraudulent acts and practices.

11 54. Pursuant to Business and Professions Code 17203, KERNS, individually, and

12 on behalf of all members of the general public who are, have been or may be, subjected to the

13 unlawful, unfair, and fraudulent practices of the Defendants, hereby requests injunctive relief

14 prohibiting these practices in the future, and such other orders as may be necessary to restore to

15 any person in interest, any money or property, real or personal, which may have been acquired

16 by Defendants by means of this unlawful, unfair and fraudulent business practice, or to disgorge

17 profits the Defendants have earned thereby.

18 55. Pursuant to Code of Civil Procedure 1021.5, KERNS is entitled to recover his

19 reasonable attorney's fees, costs and expenses incurred in bringing this action.
20 PRAYER FOR RELIEF

21 WHEREFORE, Plaintiff prays for judgment against Defendants and each of them as follows:

22 1. An award of actual damages, in an amount to be determined at trial, pursuant to Cal.

23 Civ. Code 1788.30(a); Cal. Civ. Code 1780(a)(l);

24 2. An award of statutory damages, pursuant to Cal. Civ. Code 1788.30(b);

25 3. An award of costs of litigation and reasonable attorney's fees, pursuant to Cal. Civ.

26 Code 1788.30(c), Cal. Civ. Code 1780(d), Civil Procedure 1021.5;

27 4. An award of punitive damages, in an amount to be determined at trial, pursuant to

28 California Civil Code 1780(a)(4);

- 14 -
VEFIFIED COMPLAINT
 1 5. An Injunction restraining Defendants from continuing the violations of law as set

2 forth in this Complaint, pursuant to Business and Professions Code 17203;

3 6. Costs of suit;

4 7. For pre -and post-judgment interest;

5 8. Any and all other relief that this Court deems just and proper.

6 JURY DEMAND

7 Plaintiff demands a jury trial for all causes of action set forth herein.

8 Dated: February 17, 2017

9
ROBERT KERNS
10 Plaintiff in Pro Per
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26
27

28
- 15 -
VEFIFIED COMPLAINT
 1 VERIFICATION

2 I, Robert Kerns, declare;

3 I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and know

4 the contents thereof. The matters stated in the attached Complaint are true of my own knowledge and

5 belief except as to those matters stated on information and belief, and as to those matters I believe

6 them to be true.

7 I declare under penalty of perjury under the laws of the State of California that the foregoing

is true and correct and that this verification was executed on this 17th day of February 2017 at Los
8

9
10
Angeles, California. W
ROBERT KERNS
~

11

12

13

14

15

16

17

18

19

20

21

22
23

24

25

26

27

28

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VEFIFIED COMPLAINT
EXHIBIT A
 Creditors Specialty Svc of NV Inc
P 0 BOX 764
ACTON, CA 93510
800-277-8660 FAX 877-857-3469
February 01 , 2017
RE: CRESCENTA VALLEY TOW INC

PRINCIPAL AMOUNT: $865.00 ACCOUNT NO: 152060-1

INTEREST: $883.01
MISC FEES: $5.00
CURRENT BALANCE: $1,753.01

Dear Robert Michael Kerns,

YOU ARE IN DEFAULT ON YOUR PAYMENT ARRANGEMENT
We have extended to yo_u the opportunity to take care of this delinquent account voluntarily. We have also agreed to accept payments, rather than
demanding the balance 1n full.
It appears that you don't take your debt seriously.
Be aware, there are many avenues of legal collection procedures available to our agency. We intend to satisfy this account for our client, by whatever means
necessary.
As a final attempt to resolve this account in a voluntary manner, you must contact this office within the next five (5) days .
We have available both check and credit card payments via telephone at no cost.
Sincerely,
Kim Hunter
Misc Fees may include attorney fees, court costs and/or other collection costs.
FOR YOUR CONVENIENCE THE FOLLOWING PAYMENT METHODS ARE AVAILABLE: CHECK BY PHONE,VISA, MASTERCARD, AMERICAN EXPRESS
DISCOVER CARD, OR PAY ON OUR WEBSITE WWW.CREDITORSSPECIALTYSERVICE.COM
This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. Unless you notify
this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If
you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail
you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the
name and address of the original creditor, if different from the current creditor.

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances,
collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language.
Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at
work. For the most part, collectors may not tell another person , other than your attorney or spouse, about your debt. Collectors may contact another person to
confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at
1-877-FTC-HELP or www.ftc.gov.

PLEASE DETAC:: BOTTOM COUPON AND RETURN WITH PAYMENT 24

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~ARD HOLDER NAl.IE(please print) olGNATURE

RE: CRESCENTA VALLEY TOW INC

ACCOUNT NO: 152060-1 CURRENT BALANCE $1 ,753.01
AMOUNT PAID $._ _ __ _ __
Date: February 01 , 2017

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Robert Michael Kerns 'l'l '1hl' l'l 1Il1l1111lll1' Ill1ll1l 1l 11l1l111ii1ll11ll II ll1I1
8334 Quartz Ave Creditors Specialty Svc of NV Inc
Winnetka, CA 91306-1446 P 0 BOX 764
ACTON , CA 93510