R ectivel

t, iT

FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE .
CENTRAL JUSTICE CENTER

1 Aaron P. Morris, Esq. (No. 130727)

Deanna Stone Killeen, Esq. (No. 252053) JAN 3 1 2017
2 MORRIS & STONE, LLP
17852 E. 17th St., Ste-201 DAVID H. YAMASAKI, Clerk of Ihe Court
3 Tustin, CA 927813
(714) 954-0700 gAma.th TOWNSEND
,DEPUTY
4 (714) 242-2058 fax
5
6 Attorneys for Plaintiffs
PACIFIC CAPITAL FINANCE anzt
7 ADRIAN ROJO
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN-AND FOR THE COUNTY OF ORANGE
11 CENTRAL JUSTICE CENTER
12 CASE NO. 30-2016-00861925-CU-PO-CJC
13 Assigned torah l purposes to:
PACIFIC CAPITAL FINANCE, a Jude Linda Marks
14 California limited liability company;
.15 ADRIAN ROJO, an individual,

16 Plaintiffs,
STIPULATED JUDGMENT
17 VS.

18 X1T PAVING AND CONSTRUCTION,

19 INC., a corporation; and DOES 1 through
.10, inclusive,
20 Defendants. Complaint Filed: July 6, 2016
Trial-Date: None set.
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STIPULATED JUDGMENT
 1 Plaintiffs PACIFIC CAPITAL FINANCE and ADRIAN ROJO ("Plaintiffs") and

2 Defendant XIT PAVING AND CONSTRUCTION, INC. ("Defendant"), hereby stipulate to entry

3 of the Stipulated Judgment, attached-hereto:

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- 5
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7 DATE: Ili la-on
Adrian Rojo, indnn ua y ehalf of
8 PACIFIC CAPITAL FINANCE (Plaintiffs)

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11 XIT AVING AND CONSTRUCTION, INC.
(De endant)
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DATE:
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STIPULATED JUDGMENT
 1Aaron P. Morris, Esq. (No. 130727)
Deanna Stone Killeen, Esq. (No. 252053)
2 MORRIS & STONE, LLP
17852£. 17th St., Ste. 201
3 Tustin, CA 92780
(714) 954-0700
4 (714) 242-2058 fax
5
6 Attorneys for Plaintiffs
PACIFIC CAPITAL FINANCE and
7 ADRIAN ROJO
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF ORANGE
11 CENTRAL JUSTICE CENTER
12
CASE NO. 30-2016-00861925-CU-PO-CJC
13
Assigned for all purposes to:
14 PACIFIC CAPITAL FINANCE, a Jude Linda Marks
California limited liability company;
15 ADRIAN ROJO, an individual,

16 Plaintiffs,

17 VS. [STIPULATED] JUDGMENT

18
XIT PAVING AND CONSTRUCTION,
19 INC., a corporation; and DOES 1 through
10, inclusive,
20
Defendants.
21 Complaint Filed: July 6, 2016
Trial Date: None set.
22
23
24 This Stipulated Judgment is entered into by and between Plaintiffs PACIFIC CAPITAL

25 FINANCE and ADRIAN ROJO ("Plaintiffs") and Defendant XTT PAVING AND

26 CONSTRUCTION, INC. ("Defendant"), for conduct forming the basis of Plaintiffs' complaint in

27 Orange County Case Number 30-2016-00861925-CU-PO-CJC.

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JUDGMENT
 I. STIPULATED FACTS.

2 The following facts are stipulated as true by and between Plaintiffs and Defendant:

3 1. On August 19, 2015, Defendant, through its principal, posted a comment entitled

4 "Pacific Capital Finance / Adrian Rojo Took $4037.50 and gave nothing in return" on

5 RipoffReport.com ("the Posting"), as Report #1249526, which stated as follows:

6
7 "We responded to an intemet ad regarding low cost financing for equiptment and trucks that was

8 pitched by Pacific Capital Finance. We received followup information from Adrian Rojo

9 including an efa agreement (19458594825632) with the terms and amount of loan.
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11 There was a request for 1st and last months lease and a 599$ fee for processing the lease. We

12 responded with a cashiers' check for the requested amount and waited for the transaction to be
13 funded. This all occurred btw. Dec 24,2014 and Dec. 30th 2014.
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15 On or about Jan 7th,2015 we received a complete new set of documents which reflected a
16 straight commercial loan they had brokered to Blue Bridge Financial group. The term of the note
17 was cut by 12 months and the low rate of 4.125% had suddenly increased to 8%.

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19 We contacted Pacific Capital Finance and told them they had totally misrepresented the product
20 and didn't meet their original offering and we respectfully requested a refund of our $4027.80.
21 We got alot of double talk about how long it took to process a refund and we went along with it
22 for a while.
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24 When it became apparent that these guys were less than reputable we filed claims with everybody
25 we could think of including the BDO of California, the BBB of San Diego, the attorney generals
26 office, and Blue Bridge Financial. We contacted the latter to see if they knew anything about
27 these guys and they had no experience with them whatsoever.

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JUDGMENT
 1 After 7 months of dealing with these people trying to get our money back Adrian Rojo contacted

2 me and said that they would refund $2000.00 of the 4027.80 they owed me if I would send out

3 letters and retract the claims I had made concerning their business. I agreed in principal to do that

4 if they would make it 2500 just to get rid of this issue.

5
6 I subsequently wrote the letters they requested and waited for several weeks to hear from

7 someone and finally Adrian called me on or about August 5,2015 and let me know that writing

8 the letters was not good enough he wanted me to get the claim off the books at the BBB. I told
9 the guy I had done what I was asked to do and it is apparreht that they have no intention of

10 returning our money to us.

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12 Part of their original agreement is in case of a dispute that Orange Count Califrnia is the venue

13 for arbitration and obviously being in Texas is not a viable concept for us to pursue unless there

14 were ways where we could get punitive damages. At this point I don't cam about the money. It is
15 shame on me for being that stupid to send the crooks the money but I would give anything to stop

16 yahoos like this guy from preying on others.

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18 Larry.McSpadden -- Waxahachie, Texas"
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20 2. The specific URL for the Posting was and is:
21 http://www.ripoffreport.com/r/Pacific-Capital-Finance-Adrian-Rojo/Irvine-California-92

22 604/Pacific-Capital-Finance-Adrian-Rojo-Took-403750-and-gave-nothing-in-return-Irvin
23 e-Ca-1249526, and that report also appears on the Bing search engine as the following
24 link: http://www.ripoffreport.com/reports/specific_search/PAC1FIC±CAPITAL.
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26 3. Thereafter, the Posting was published verbatim on the additional site,

27 OutScam.com, at the following URL: http://www.outscam.com/pacific-capital-c2

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JUDGMENT
2 4. The statements in the Posting, on both RipoffReport.com and OutScam.com, are

3 false and defamatory.

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5 5. Because of the policies of these Internet sites, Defendant has no ability to remove

6 the Posting from either of these sites.

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8 II. JUDGMENT.

9 On the first cause of action of the complaint for libel per se, judgment is for Plaintiffs

10 ADRIAN ROJO and PACIFIC CAPITAL FINANCE and against Defendant XIT PAVING AND

11 CONSTRUCTION, INC. The parties stipulate that the Posting, posted on RipoffReport.com on

12 August 19, 2015, as Report #1249526, and on OutScam.com on August 20, 2015, at the

13 aforesaid URLs, as stated, is defamatory as regards Plaintiffs ADRIAN ROJO and PACIFIC

14 CAPITAL FINANCE.

15 On the second cause of action of the complaint for injunctive relief, by stipulation of the

16 parties, Defendant XII' PAVING AND CONSTRUCTION, INC. is permanently enjoined from

17 posting on the Internet any comments contained in the Posting, about Plaintiffs ADRIAN ROJO

18 and PACIFIC CAPITAL FINANCE.

19 To the extent that Plaintiffs ADRIAN ROJO and PACIFIC CAPITAL FINANCE do not

20 have the ability, solely through their own efforts, to remove the Posting, or to have it de-indexed

21 by the major search engines, Defendant JUT PAVING AND CONSTRUCTION, INC. is to

22 cooperate in any reasonable efforts to have the Posting de-indexed; for example, if a website or

23 search engine requires confirmation of the settlement agreement and this judgment.

24 No damages are awarded. The parties shall bear their own costs and attorney fees.

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26 DATE:
Jut ge oft e Superior Court
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JUDGE LINDA MARKS
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JUDGMENT