IF I HAVE NOT BEEN CLEAR IN THE PAST, LET ME SET THE RECORD STRAIGHT! DSC FILED A FASLE COMPLAINT Dealer Services Corporation Complaint If you are part of DSC'S Racketeering, Grissom is comming for you. the laws of America will not support these acts. If you are employed by DSC and would like to come forward with information NOW!!! is the time to contract Michael Grissom @ 818 749 3288.
Wednesday, February 2, 2011
Wednesday, July 14, 2010
GRISSOM SEEKS TO CLEAN UP DSC UNFAIR BUSINESS PRACTICE
DEALER SERVICES CORPORATION - GRISSOM SEEKS TO CLEAN UP DSC UNFAIR BUSINESS PRACTICE.
Dealer Services Corporation Complaint by California Auto Dealers
10
DISCUSSION
I. DSC'S APPEAL
A. Court's Instruction on Actual Knowledge
1. Standard of review
We review the court's alleged error in instructing the jury de novo. (Sanders Moses Productions, Inc. v. NBC Studios, Inc. (2006) 142 Cal.App.4th 1086, 1094.)
2. "General knowledge" exception to creditors' perfected security interest in consigned goods
Case law defines a consignment sale as "one in which the merchant takes possession of goods and holds them for sale with the obligation to pay the owner of the goods from the proceeds of a sale by the merchant. If the merchant does not sell the goods the merchant may return the goods to the owner without obligation. [Citation.] In a consignment sale transaction, title to the goods generally remains with the original owner." (Bank of Cal. v. Thornton-Blue Pacific, Inc. (1997) 53 Cal.App.4th 841, 847.)
To analyze Fariba's rights, we turn to section 9319, which sets forth guidelines for determining the rights of consignees with respect to creditors of the consignee:
"(a) Except as otherwise provided in subdivision (b), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. [¶] (b) For purposes of determining the rights of a creditor of a consignee, law other than this division determines the rights and title of a consignee while goods are in the consignee's possession if, under this chapter, a perfected security interest held by the consignor would have priority over the rights of the creditor." (Italics added.)
If you are a California Auto Dealer
If you have a Floor Plan with DSC,the contract may be void
Why did DSC chose not to get a California Finance License from 2005 to 2009?
Call the Man That Made Dealer Services Corporation "GET A CALIFORNIA FINANCE LICENSE"
STAND UP FOR YOUR RIGHTS...
MICHAEL GRISSOM 818 749 - 3288
Dealer Services Corporation Complaint by California Auto Dealers
10
DISCUSSION
I. DSC'S APPEAL
A. Court's Instruction on Actual Knowledge
1. Standard of review
We review the court's alleged error in instructing the jury de novo. (Sanders Moses Productions, Inc. v. NBC Studios, Inc. (2006) 142 Cal.App.4th 1086, 1094.)
2. "General knowledge" exception to creditors' perfected security interest in consigned goods
Case law defines a consignment sale as "one in which the merchant takes possession of goods and holds them for sale with the obligation to pay the owner of the goods from the proceeds of a sale by the merchant. If the merchant does not sell the goods the merchant may return the goods to the owner without obligation. [Citation.] In a consignment sale transaction, title to the goods generally remains with the original owner." (Bank of Cal. v. Thornton-Blue Pacific, Inc. (1997) 53 Cal.App.4th 841, 847.)
To analyze Fariba's rights, we turn to section 9319, which sets forth guidelines for determining the rights of consignees with respect to creditors of the consignee:
"(a) Except as otherwise provided in subdivision (b), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. [¶] (b) For purposes of determining the rights of a creditor of a consignee, law other than this division determines the rights and title of a consignee while goods are in the consignee's possession if, under this chapter, a perfected security interest held by the consignor would have priority over the rights of the creditor." (Italics added.)
If you are a California Auto Dealer
If you have a Floor Plan with DSC,the contract may be void
Why did DSC chose not to get a California Finance License from 2005 to 2009?
Call the Man That Made Dealer Services Corporation "GET A CALIFORNIA FINANCE LICENSE"
STAND UP FOR YOUR RIGHTS...
MICHAEL GRISSOM 818 749 - 3288
DEALER SERVICES CORPORATION - Unfair Business Practices, CALIFORNIA COURT OF APPEALS (D053162)
DEALER SERVICES CORPORATION - Unfair Business Practices, CALIFORNIA COURT OF APPEALS (D053162)
DEALER SERVICES CORPORATION - UNFAIR BUSINESS PRACTICES, CALIFORNIA COURT OF APPEALS (D053162)
Dealer Services Corporation Complaint by California Auto Dealers
TOGETHER - We are Many, We are Strong, We have the Power to stop illegal Corporations from Unfair Business Practices,
Join the Class Action Today! Call 818 749 3288
DEALER SERVICES CORPORATION takes their Unlicensed Lending show to the CALIFORNIA COURT OF APPEALS (D053162)
Dealer Services Corporation says car theft is sanctioned by the Uniform Commercial Code. After being convicted of the conversion of Behyar Fariba’s cars by a San Diego jury in May 2008, DSC filed an appeal.
DSC claims that they had no knowledge of Fariba’s consignment agreement at the time DSC gave loans in 2005. However, DSC ran off with over fifty employees of Automotive Finance Corporation, another floor plan lender, who had just finished making loans.
However, Fariba probably didn’t know that both DSC and their cohorts AFC were both unlicensed as lenders in California at that time. AFC did not obtain a California Finance Lenders License until August 7, 2007. DSC just got their California Finance Lenders License on May 27, 2009. AFC made loans in California for more than eight years before obtaining a license, DSC only waited a short four years.
AFC & DSC both paid attorney Mark Gillett of MORRISON FOERSTER to get them a lenders license in 2007. Mark Gillett changed Automotive Finance Corporations name to “AFC CAL, LLC” claiming that billion dollar ADESA was a $250,000 company named AFC CAL, LLC. Fortunately for Mark Gillett he had some connections at the California Department of Corporations from his time there doing consulting.
John Fuller, the president of DSC, used to be president of AFC. Fuller and AFC parted on bad terms and lawsuits. Fuller opened DSC in 2005, and AFC sued DSC for stealing their employees. Fuller said he had some dirt on AFC but his lawyers told him to keep quiet.
DSC was mad that AFC had refused, and continued to refuse, to enter into a blanket inter-company creditor agreement with DSC.
When DSC and AFC provide inventory capital funding services to automotive dealers, the company with the prior UCC filing has priority over a dealer’s entire inventory, irrespective of whether a competitor provides funding for any of that inventory.
"In order to avoid this inequity, companies that provide floor planning routinely enter into creditor agreements, whereby they agree that each company shall have priority over the inventory that they respectively funded," Indiana-based DSC's attorneys continued. "DSC (of Indiana) has entered into such blanket agreements with AFC's competitors, including Manheim Automotive Financial Services and a number of regional floor plan companies. AFC, however, refuses to enter into a blanket enter-company creditor agreement with DSC. As a result, DSC was unable to do business with some dealers."
DEALER SERVICES CORPORATION - UNFAIR BUSINESS PRACTICES, CALIFORNIA COURT OF APPEALS (D053162)
Dealer Services Corporation Complaint by California Auto Dealers
TOGETHER - We are Many, We are Strong, We have the Power to stop illegal Corporations from Unfair Business Practices,
Join the Class Action Today! Call 818 749 3288
DEALER SERVICES CORPORATION takes their Unlicensed Lending show to the CALIFORNIA COURT OF APPEALS (D053162)
Dealer Services Corporation says car theft is sanctioned by the Uniform Commercial Code. After being convicted of the conversion of Behyar Fariba’s cars by a San Diego jury in May 2008, DSC filed an appeal.
DSC claims that they had no knowledge of Fariba’s consignment agreement at the time DSC gave loans in 2005. However, DSC ran off with over fifty employees of Automotive Finance Corporation, another floor plan lender, who had just finished making loans.
However, Fariba probably didn’t know that both DSC and their cohorts AFC were both unlicensed as lenders in California at that time. AFC did not obtain a California Finance Lenders License until August 7, 2007. DSC just got their California Finance Lenders License on May 27, 2009. AFC made loans in California for more than eight years before obtaining a license, DSC only waited a short four years.
AFC & DSC both paid attorney Mark Gillett of MORRISON FOERSTER to get them a lenders license in 2007. Mark Gillett changed Automotive Finance Corporations name to “AFC CAL, LLC” claiming that billion dollar ADESA was a $250,000 company named AFC CAL, LLC. Fortunately for Mark Gillett he had some connections at the California Department of Corporations from his time there doing consulting.
John Fuller, the president of DSC, used to be president of AFC. Fuller and AFC parted on bad terms and lawsuits. Fuller opened DSC in 2005, and AFC sued DSC for stealing their employees. Fuller said he had some dirt on AFC but his lawyers told him to keep quiet.
DSC was mad that AFC had refused, and continued to refuse, to enter into a blanket inter-company creditor agreement with DSC.
When DSC and AFC provide inventory capital funding services to automotive dealers, the company with the prior UCC filing has priority over a dealer’s entire inventory, irrespective of whether a competitor provides funding for any of that inventory.
"In order to avoid this inequity, companies that provide floor planning routinely enter into creditor agreements, whereby they agree that each company shall have priority over the inventory that they respectively funded," Indiana-based DSC's attorneys continued. "DSC (of Indiana) has entered into such blanket agreements with AFC's competitors, including Manheim Automotive Financial Services and a number of regional floor plan companies. AFC, however, refuses to enter into a blanket enter-company creditor agreement with DSC. As a result, DSC was unable to do business with some dealers."
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