Failed to Update Records. Car was Lien Sold a Year Earlier
Fresno, CA – 25 June 2021 – On May 27th, Evelyn Jaramillo filed a complaint against TitleMax and Paramount Recovery, in the Fresno Superior Court for negligence, violation of the Rosenthal Fair Debt Collection Practice Act, violation of the Consumers Legal Remedies Act, violation of Business and Professions Code 17300, Conversion, Alternatively, trespass to chattel, Trespass and violation of Penal Code 496.
According to the complaint, Jaramillo purchased a 2004 Toyota Sequoia for sale by Sierra Towing through a lien sale on March 11, 2019, for $1,500, which she paid for between April 2019 and Oct 11, 2019. On or about November 9, 2019, a clean and lien-free title was issued to Evelyn by the California Department of Motor Vehicles.
Jaramillo claims that about seven months later, at about 3:00 a.m., a tow truck from Paramount Recovery arrived to repossess the Sequoia. Agents allegedly provided no paperwork showing proof of assignment. After showing agents of Paramount Recovery the title, the agents left.
About three months later, Evelyn and her husband let a friend borrow the Sequoia. On or about October 21, 2020, while the vehicle was parked overnight at the apartment complex where the friend lived, a tow truck from Paramount Recovery came and repossessed it.
On Nov. 20, 2020, almost one month later, the Sequoia was dropped back in front of Jaramillo’s house.
There are eight causes of action filed against mostly TitleMax and Paramount Recovery,
According to Jaramillo’s lawsuit, Defendants Paramount and TitleMax failed to exercise reasonable care by failing to check the Sequoia’s title, failing to verify ownership and legal interest in the Sequoia, and by towing the Sequoia without authorization by any person or entity with a legal right to authorize the tow.
As a result of Defendants Paramount and TitleMax’s actions and failures to act, Plaintiff was deprived of her property and suffered damages, including loss of use of the Vehicle and emotional distress.
The conduct of Defendants Paramount and TitleMax showed reckless indifference to the rights of others, and they acted with malice, oppression and fraud toward Plaintiff within the meaning of Civil Code § 3294 and Plaintiff is, therefore, entitled to exemplary and punitive damages in an amount that will adequately punish Defendants Paramount and TitleMax and deter them and others from like conduct.
While MVConnect is listed in the lawsuit, they are only listed in one of the eight complaints. That of Violations of the Consumer Remedies Act, which is puzzling, because MVConnect had neither title, possession or control of the vehicle to provide remedy. This is the only claim against MVConnect.
Jaramillo seeks general and actual damages, treble damages, punitive damages, pre-judgement interest and attorney’s fees and cost of suit. Jaramillo is represented by the law office of Colin S. Welsh and Bell Law.
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