Fifth Third Bank National Association v. Tranquillity Chevrolet, Inc.

I. FACTS

A. Facts Alleged in the Complaint Plaintiff Fifth Third Bank, National Association (“Fifth Third”) is a national banking association with its principal place of business in Cincinnati, Ohio. (Doc. 1 at PageID 2.) Tranquility Chevrolet, Inc. (“Tranquility) is a California corporation that operates a car dealership in Tranquility, California. (Id.) Brent Ian Smith (“Smith”) is the owner, operator and manager of Tranquility and resides in Fresno, California. (Id.) John Does 1–10 are unknown defendants who are “in some manner responsible for the acts, occurrences, and transactions” set forth in the Complaint. (Id.) On October 19, 2020 Fifth Third and Tranquility, through Smith, entered into a Fifth Third Dealer Agreement (“Dealer Agreement”). (Id. at PageID 3; Doc. 1-1.) The purpose of the Dealer Agreement was to set forth terms of a financing plan in which Tranquility could offer Fifth Third’s financing services to its customers in connection with the sale of new and pre- owned cars and trucks at its dealership. (Id.) Tranquility agreed to representations and

warranties and that it would be liable to Fifth Third for a default by a customer in the case of fraud,…