Maynard

BACKGROUND

21 This case arises from the repossession of Plaintiff’s 2014 Dodge Durango. Plaintiff used 22 his Durango as collateral to refinance a loan with Defendant. In his Second Amended Complaint 23 (“SAC”), Plaintiff alleges that on January 7, 2020, the outstanding balance of $27,644.02 on his 24 Durango was discharged in a Chapter 7 Bankruptcy proceeding. On January 15, 2020, Plaintiff 25 received notice that Defendant intended to repossess the Durango. Plaintiff alleges he surrendered 26 his Durango to Defendant’s agents on February 11, 2020 by parking his car in an Extended Stay 27 America parking lot. However, the Durango was not repossessed by Defendant’s agents and the Durango was towed from the parking lot by X-Men Towing in May 2020. Plaintiff allegedly received notice from X-Men Towing of a pending lien sale for the Durango and Plaintiff then purchased the Durango around June 16, 2020. Around November 29, 2020, Defendant allegedly sought to repossess the Durango. Defendant repossessed the Durango from Plaintiff’s home around November 30, 2020. Plaintiff recovered his Durango on December 2, 2020. On March 13, 2022, Plaintiff,…