August 11, 2014

Dear Brad King and Suspension Plus,

Thank you for your prompt attention in attempting to contact the Plaintiff,  x, about resolving the civil suit.  I’m sure you agree that serious situation needs immediate attention.  The purpose for this letter is to give you details about the events that led to Ms. Bailey’s car being taken from her and the negative impact it caused.

Vehicle information:  1995 Red Dodge Stealth R/T Turbo sports car with numerous aftermarket additions to the interior and exterior, making it a one of a kind collector’s car.  License Plate: xxxxxxx. VEHICLE PRICE NEW without aftermarket features:  $25,000.00-$30,000.00. CURRENT PRICE without aftermarket features by comparison:  $6,000.00-$13,000.00.  The vehicle also had valuable property in the trunk.  Some of this property is valuable and some of it was irreplaceable and priceless.  An itemized list will be available upon request and for court if this case is filed.  The vehicle also had many valuable upgrades and custom parts. 

REPORT: On 09/06/2013, Ms. Bailey called SUSPENSION PLUS for approval to tow her vehicle to their lot for repairs. Mike, the manager, gave his approval. Ms. Bailey’s friend, SDCC Police xxxx, paid  Road One to tow the car to SUSPENSION PLUS, 3112 Midway Dr.,  Suite D, San Diego, CA  92110.  Road One called SUSPENSION PLUS and received confirmation to tow the car to their lot, as it was “Road One’s policy and legal duty” to get approval.  They towed the car to  SUSPENSION PLUS by mid-afternoon and again, received their approval and was instructed by staff where it should be parked.  Ms. Bailey and Mike discussed the issues that needed diagnosed.  She stated, “the transmission feels like it might be going out”.  SUSPENSION PLUS agreed to diagnose the problem and give an estimate of costs.  He told her he probably would not have time that day to look into the problem, but probably would be able to do it the next day.

The next day, 09/07/2013, Mike spoke to Ms. Bailey on the phone requesting the car keys.  Ms. Bailey informed him that she probably could not get a ride out there until the next day or the day after.  Mike said it was not a problem.  He also comforted her safety concerns about leaving her vehicle on their property over the weekend.  He told her that theft was not an issue on their lot and told her not to worry. (Please note that this was Ms. Bailey’s only means of transportation.  She was a single mother with no additional income other than what she earned from employment.  The use of her vehicle was necessary in making income and keeping the family secure). Ms. Bailey scheduled a ride to SUSPENSION PLUS to deliver the keys on 09/09/2013.  She called SUSPENSION PLUS and informed Mike that the keys would be delivered within the day.   Mike told her not to worry about bringing the keys because he was able to do the inspection.  He diagnosed and priced repairs as follows:

1. Replace the transmission with a brand new one costing approximately four-thousand dollars ($4,000.000), which he highly recommended.

2. Rebuild the current transmission which would cost approximately twenty-five hundred dollars ($2,500.00), which he absolutely did not recommend.  The transmission had already been rebuilt in September 2002. 

3. Do none of the above and have it towed elsewhere saving some money, perhaps, but the repairs might not compare to the quality at SUSPENSION PLUS.

Ms. Bailey asked Mike if she could think about it for a couple of days, and he agreed. She called him back later that same day giving her consent to replace the transmission.  She informed him that she would need approximately two (2) or three (3) days to get the money together.  She told him that she would bring the keys with her in a couple of days with partial or full payment.  Mike agreed and, once again, relieved the concerns for the safety of her car at their lot.  He mentioned that the car was parked in one of their designated parking spots and said that it would be fine.  

Later that day, Ms. Bailey was informed by a friend that her car left a puddle of transmission fluid on their property just a few days before it was towed to SUSPENSION PLUS. They suggested she add transmission fluid to her car because the problem might have been a simple leak.  Ms. Bailey called SUSPENSION PLUS  informing them that the transmission might just need fluid.  They stated they were busy and would do it the next day.  She told them that might find a ride to the lot and add the fluid herself if they could not do it. SUSPENSION PLUS gave their approval and informed her that it would not be an issue getting on their lot since their property was accessible to the public with nothing fencing or blocking it off.  They told her that it did not matter if it was during or after business hours. However, she was unable to get a ride out to SUSPENSION PLUS that day.

On 09/09/2013, Ms. Bailey called SUSPENSION PLUS that she scheduled a ride to their lot within two (2) hours to discuss and pay for services to be performed.  She also reminded and  requested that they try adding transmission fluid and she would pay them for that service too whether or not it solved the transmission issue.  Mike sounded confused and with hesitation in his voice questioned whether or not she came to get her car the night before.  He said, “Didn’t you come by last night sometime to pick up your car?”  Ms. Bailey replied, “No I did not.  You don’t see my car?”…  Mike replied with, “No, but let me ask the guys here and I will call you back.”  Ms. Bailey called the San Diego Police Department non-emergency line and spoke with an officer who informed her that SUSPENSION PLUS had towed the vehicle on 09/09/2013 to Advantage Towing.  Ms. Bailey immediately contacted the towing company to confirm the information and to get all of the details needed to have the vehicle released to her.  Advantage Towing stated that SUSPENSION PLUS called them that day and requested the tow.  They also informed her of the expenses involved and immediately contacted SUSPENSION PLUS and relayed the information to Mike.  Ms. Bailey informed Mike that the vehicle was located at Advantage Towing and that records indicated that someone from SUSPENSION PLUS called to get it towed.   Mike told her he was unaware of anyone towing the vehicle.  He said nobody at the shop knew about the tow.  He asked all of the employees and nobody understood who towed it or why they towed it.  He was extremely baffled and confused.  He told me he would call me after he spoke to his boss, owner of the building and SUSPENSION PLUS.  Ms. Bailey reminded him that the price to retrieve the car out of impound was higher than most towing companies and they were responsible for getting it released to her.  A few minutes later Ms. Bailey spoke to Mike.  He said, “I’m so sorry about this.  My boss, owner of the building, didn’t know the situation on your car and had it towed.  I don’t know why he did that.  He just thought that it belonged to one of the other business’ or something.  I don’t even really know why, to tell you the truth.   Im so sorry.  We’ll take care of it though. “  Ms. Bailey replied, “So you know that you are responsible for getting the car out of impound, right? “  He replied, “Yes, yes.  Give me the name and phone number of the towing company.  I’ll call them right now.”  Ms. Bailey gave the information to Mike.  She believed him, but nobody called her back that day.  Twenty-four (24) hours went by and still nobody contacted Ms. Bailey or the towing company about her car.  They did nothing.  Ms. Bailey made several attempts to talk with someone about this situation.  Every time she called, they said that she needed to speak with Mike or Mr. King and that neither of them  were available.  This avoidance of her calls went on for a week.  She finally called and spoke to Mike who, again, told her he was sorry, but Mr. King decided not to pay the impound fees.  When she asked him why, he stated because they did not have a contract signed.  Mike said he knew they were responsible for this, but couldn’t offer any more assistance.  But what Mr. Brad King, owner of SUSPENSION PLUS didn’t realize, was that there were documents signed and verbal agreements with me and the tow company.  These agreements are enough to confirm that they were responsible legally.  Obviously, Mr. King was doing bad business. 

The towing company charges a daily rate plus the initial tow fee. Ms. Bailey was unable to get to work without a car, she couldn’t afford the impound fees to get her car out of impound.  Obviously, SUSPENSION PLUS was responsible for the vehicle.  The agreements, the phone records, the witnesses, the video surveillance recorded from the business across the street, and the agreement and records from Road One towing company that dropped off the vehicle to SUSPENSION PLUS confirming the care of the vehicle transferred to SUSPENSION PLUS.  The records from Advantage Towing that Mr. King called to pick up the vehicle from their lot also indicate important facts that support the allegations against SUSPENSION PLUS.  **This case could potentially destroy  SUSPENSION PLUS.  It could be extremely costly and publicized by the media.  Ms. Bailey is aware that she could take this to a higher court and receive a substantial amount of money, but if this can be resolved now, she will not take it any further.  The following is a summary of the events that occurred  immediately after SUSPENSION PLUS towed her vehicle:

• Ms. Bailey lost her job with a great company working at $17 hour guarding Federal Prison inmates at local hospitals.  It took her over two (2) years to get that job.

• Lost her home since she couldn’t get to work to pay for her La Jolla home.  She was evicted.  It is very difficult to find a property manager that allows people to rent homes with an eviction on their record, no job, no car, no phone, and hungry. The eviction cost her $7,000.00 and her good credit was destroyed. 

• Lost most of her valuables to the pawn shop, (she had never pawned anything before and she felt her life falling apart).  Items pawned included, but not limited to, Roland electric drum kit that she paid *$1,700.00 for just two (2) years earlier.  The drums were still in perfect like new condition. She couldn’t pay the small loan of $250.00 because she was still out of work.  The pawn shop sold her drums for $1,500.00. 

• She had worked as a part time professional musician and now she was not able to perform, practice, or drive to any shows.  She lost her income and her reputation. 

• She pawned her:  Drums     Jewelry     Collector Coins (rare)     Her Daughter’s Jewelry … and more.  An itemized list will be written if taken to court.

• Her daughter was just seventeen (17) years old during this time and had just lost both her father and grandfather (great role model) figure.  Both deaths were grieved two (2) months earlier and she was still grieving.   She ended up in Juvenile Hall for six (6) months due to her inability to handle the stress and took the pain out on her mother physically.  They used to have a great relationship.  Now it was ruined. The cost of Juvenile Hall and the Public Defender…. Amazingly costly at $18,000.00 dollars.  Needless to say, this is on her credit report as an unpaid negative strike as well as the eviction and other unpaid accounts.

• The health of Ms. Bailey from depression and inability to pay for food or a home was life threatening.  She lost so much weight in a short time that  mobility was difficult.  She had fainting spells and weakness.  She once weighed 108 lbs.  and within one month she weighed only 89 pounds.  This can be confirmed with photos and witnesses.    During this time ***PLEASE NOTE THAT THIS ALL TOOK PLACE WITHIN THE FIRST MONTHT after her car was wrongfully towed by SUSPENSION PLUS . 

• Her home furnishings and personal property that she did not pawn or sell, was put into storage.  The storage fees exceed $2,0000.00.    

  She lost a lot more than any of us can understand or itemize.  She was evicted and homeless with a teenager and two (2) dogs.  A happy family living in LA JOLLA destroyed. There is no doubt that we can resolve this issue immediately.  Please call Ms. Bailey at:  xxxxxxx*if that number is unavailable, please contact via email: xxxxxxxxxxxxx.  We can settle this out of court now.  Payment can be made via cash, check, money order, or credit card.  Contact her for a resolution no later than August 15^th, 2014.  If there is no resolution and no payment made to Ms. Bailey by this date, then at that time, all correspondence will need to be through her Attorney xx

  Ms. Bailey is offering to settle this now with the following offers:  Payment of $6,000.00 due no later than August 12, 2014 or Payment of $8,000.00 due no later than August 15, 2014.

  If Suspension Plus chooses to settle this immediately, but after the dates indicated, it will need to be agreed upon by Ms. Bailey.  The case will not go be filed if an agreement is made by August 15, 2014.  Otherwise, the case will go to Civil Court and you will be sued at a much higher price.