THE DOCTRINE OF RES IPSA LOQUITUR, ANALYSIS OF THE 2003 DERBI BOULEVARD 150 CC MOTORCYCLE

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

GARDENIA C. HUNG
Plaintiff, Pro Se
vs.
CHAMPION CYCLE CENTER, INC., Larry Wolfe, Julio Aquino, Jose Rivera, Jon Jon, Michael Wolfe, et al. [BeBe, JoJo, Hank, Henry, Juan, Pancho, Immanuel, John, etc.]
Defendants
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Case No.: 2006 M1-13467
NOTICE OF FILING
PLAINTIFF PRO SE’S MOTION TO CLOSE ARGUMENT WITH DISCOVERY CLOSURE FOR LEGAL SETTLEMENT ACTION IN EXCESS OF $15,000 FOR (1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35; (2) OTHER COMPENSIBLE COURT EXPENSES IN THE SUM OF $4,204.01; (3) ADDITIONAL SUM OF $1,082.22, IN LEGAL COURT EXPENSES, FOR A TOTAL SUM OF $21,358.22, FOR CASH EXPENSES INCURRED DURING THE COURSE OF SETTLEMENT ACTION AND CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150CC IN 2003, 2004, 2005, 2006 PURSUANT TO: CONSUMER SERVICE FRAUD, BREACH OF SERVICE CONTRACT, AND PRODUCT LIABILITY.

To: Honorable Judge Michael T. Healy/Judge Johnson To: Robert A. Gornik, Esq. To: Honorable Clerk Dorothy Brown Attorney for the Defendants
Circuit Court of Cook County Favil, David Berns & Assoc. LLC
50 West Washington St., Room 1501 30 East North Avenue
Chicago, Illinois 60602 Northlake, Illinois 60164
I. STATEMENT OF FACTS OF EVIDENCE: THE DOCTRINE OF RES IPSA LOQUITUR, ANALYSIS OF THE 2003 DERBI BOULEVARD 150 CC MOTORCYCLE
PLAINTIFF PRO SE MOTIONS TO CLOSE ARGUMENT WITH DISCOVERY CLOSURE FOR LEGAL SETTLEMENT ACTION IN EXCESS OF $15,000 FOR (1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35; (2) OTHER COMPENSIBLE COURT EXPENSES IN THE SUM OF $4,204.01; (3) ADDITIONAL SUM OF $1,082.22, IN LEGAL COURT EXPENSES, FOR A TOTAL SUM OF $21,358.22, FOR CASH EXPENSES INCURRED DURING THE COURSE OF SETTLEMENT ACTION AND CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150CC IN 2003, 2004, 2005, AND 2006, PURSUANT TO: CONSUMER SERVICE FRAUD, BREACH OF SERVICE CONTRACT, AND PRODUCT LIABILITY.
IN THE DOCTRINE OF RES IPSA LOQUITUR, THE FACTS OF EVIDENCE IN THIS LEGAL SETTLEMENT ACTION INDICATE A VALID CASE WHICH SPEAKS FOR THE 2003 DERBI BOULEVARD 150CC ITSELF, IN TERMS OF MECHANICAL, ELECTRICAL, AND FUNCTIONAL DAMAGES AND LOSSES CAUSED BY DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, WHICH HAVE RENDERED THE SAME MOTORCYLE INOPERABLE AND HAZARDOUS TO DRIVE ON ILLINOIS ROADS. GENERALLY, IF A DANGEROUS MOTOR VEHICLE IS IN THE SOLE CUSTODY AND CONTROL OF THE DEFENDANTS, FROM 2004, 2005, AND 2006, INCLUSIVE, AND STILL NOT REPAIRED OR SERVICED AS PROMISED AND UNDER THE DERBI WARRANTY CONTRACT, THEN THE DOCTRINE OF RES IPSA LOQUITUR APPLIES IN THIS LEGAL ACTION, AS FOLLOWS:
A. MECHANICAL MALFUNCTION. THE 2003 DERBI BOULEVARD 150CC, WITHOUT A FOOT BRAKE, REQUIRES THE MOTORCYCLE DRIVER TO STOP THIS MOTOR VEHICLE WITH BOTH FEET. THE HANDLE BAR BRAKES CONTROL THE CYLINDER DISC BRAKE DRUM WHICH HAS BEEN SCRATCHED, WHILE THE (2) BRAKE PADS HAVE SLIPPED OFF, SLID OFF, CAUSING NOISY SQUEAKING, SHIRRING, AND SCRATCHING ON THE ROAD. IN ADDITION, THE 2003 DERBI BOULEVARD 150CC EMISSION EXHAUST SYSTEM IS STILL UNDER THE DERBI MANUFACTURER’S WARRANTY. THE 2003 DERBI BOULEVARD 150CC HAS BEEN DAMAGED during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for THE emission exhaust SYSTEM and THE welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, derbi red power, boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal SETTLEMENT action. THE DERBI WARRANTY SERVICE CONTRACT APPROVED THE EMISSION EXHAUST SERVICE AND WELDING REPAIR ACCORDING JOSE RIVERA, SERVICE MANAGER AT THE CHAMPION CYCLE CENTER, INC. IN CHICAGO. THIS EMISSION EXHAUST SERVICE AND WELDING REPAIR REQUIRED A DETAILED DISASSEMBLY, TO TAKE APART THE ENTIRE DERBI EMISSION EXHAUST AND MOTOR SYSTEM FOR WELDING AND CLEAN UP MAINTENANCE, VERY CAREFULLY DONE BY A CERTIFIED WELDER MECHANIC, OFF-SITE, NOT AT CHAMPION CYCLE CENTER, INC. IN CHICAGO—SINCE DUST, DEBRIS, AND DIRT HAD PENETRATED THE DERBI EXHAUST EMISSION AND MOTOR SYSTEM WHEN JON JON, THE MECHANIC, HAD OVERDRILLED the HOLE FOR THE SECURING BOLTS WHICH HAD BROKEN OFF THE 2003 DERBI BOULEVARD 150CC ON THE ROAD. FOR THE RECORD, DEFERNDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, FAILED TO PROVIDE THE REQUIRED DERBI EMISSION EXHAUST SERVICE AND WELDING OF THE (2) TWO BOLTS SECURING THE MOTOR AS PROMISED TO THE CONSUMER, PLAINTIFF PRO SE, GARDENIA C. HUNG, IN THIS LEGAL SETTLEMENT ACTION.
b. ELECTRICAL MALFUNCTION. 0N NOVEMBER 11, 2004, THE ELECTRICAL BATTERY IN THE 2003 DERBI BOULEVARD 150CC STOPPED WORKING, DUE TO FRAYED ELECTRICAL WIRES, AND A POWER LEAK DUE TO A CRACKED HOLE AT THE BOTTOM OF THE BATTERY PLATE AND COMPARTMENT UNDER THE SEAT. FURTHERMORE, THE ELECTRICAL FUSES WERE CHANGED AND REPLACED BY THE DEFENDANTS, THAT IS TO SAY JON JON, MECHANIC. AS PROOF, THERE ARE STRIPPED NUT BOLTS SECURING THE BATTERY, DUE TO OVERDRILLING WITH A POWER DRILL USED BY JON JON, DEFENDANTS AT CHAMPION CYCLE CENTER INC. IN CHICAGO. IN ADDITION, THERE IS THE OMISSION OF THE BATTERY PLATE WITH A CRACKED HOLE, WHICH HAS BEEN REMOVED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO DURING 2004, 2005, AND 2006. THE REMOVAL OF THE 2003 DERBI BATTERY PLATE HAS CAUSED WEATHER EXPOSURE AND ENERGY LEAKAGE TO RUST AND PERMANENTLY RUIN THE ELECTRICAL WIRING, BATTERY POSTS, AND 2003 DERBI BOULEVARD 150CC OPERATING SYSTEM.
C. FUNCTIONAL DISREPAIR OF THE 2003 DERBI BOULEVARD 150CC CAUSED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO HAS RENDERED THIS MOTORCYCLE INOPERABLE UNDER THE 625 ILCS 5/1-100 ET SEQ. ILLINOIS VEHICLE CODE. ESSENTIAL PARTS. TO DATE, THIS MOTORCYCLE DOES NOT HAVE THE REQUIRED LEGAL FOOT BRAKE. IT IS STILL MISSING (2) BRAKE PADS WHICH HAVE SLID AND SHIRRED OFF THE DISC DRUM BRAKES. THE 2003 DERBI BOULEVARD 150 NOW HAS A RUSTED BATTERY, WITHOUT A BATTERY PLATE, DAMAGED BATTERY POSTS, FRAYED ELECTRICAL WIRES WITHOUT POWER THROUGHOUT THE MOTORCYCLE TO START THE IGNITION SYSTEM. THE 2003 DERBI BOULEVARD 150CC DOES NOT START OR RUN AS A MOTORCYCLE.
II. CONTENTION OF THE PARTIES
Plaintiff PRO SE claims MECHANICAL, ELECTRICAL, AND FUNCTIONAL damages and losses to the brand new motorcycle Derbi Boulevard 150 and Yamaha Zuma, purchased from Champion Cycle Center, Inc. and sales agent, Julio Aquino, on May 29, 2003, and June 11, 2003. Within (1) one year of purchase, from 2003 through to 2004, the same motorcycle has been extensively damaged mechanically, electrically, and functionally during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for emission exhaust and welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, derbi red power, boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal action.
plaintiff pro se CONTENDS THAT DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO ARE LIABLE FOR CONSUMER SERVICE FRAUD, BREACH OF THE DERBI MANUFACTURER’S WARRANTY CONTRACT, AND PRODUCT LIABILITY FOR THE 2003 DERBI BOULEVARD 150 CC, WHICH DEFENDANTS, THAT IS TO SAY, MICHAEL WOLFE, MANAGER, ALSO DOCUMENT AS A PRODUCT DISCREPANCY, LISTING THE SAME MOTORCYLE AS A 2002 DERBI BOULEVARD, OR A MODEL ATLANTIS FOR SERVICE PARTS, IN THE SERVICE REPAIR ORDERS FROM CHAMPION CYCLE CENTER, INC. AS NOTED IN EXHIBITS A AND B.
CASE IN POINT, Plaintiff PRO SE’S chronology for discovery leading to damages and losses involving the derbi boulevard 150 during the course of service in 2003, 2004, 2005, and 2006, based on service work orders by champion cycle center, inc. chicago.
1. May 29, 2003.- Brand new purchase of motorcycle Yamaha Zuma with a Foot Starter Crank from Salesperson, Julio Aquino, on-site.
2. June 11, 2003.- Brand new purchase of motorcycle Derbi Boulevard 150 from Salesperson Julio Aquino, with Derbi Warranty Service, without a foot brake. Returned in exchange Yamaha Zuma.
3. June 30, 2003.- For Derbi Boulevard 150, Oil and Filter Change/Inspection.
4. August 27, 2003.- For Derbi Boulevard 150, Electrical System is Out. No Power.*
5. October 5, 2003.- For Derbi Boulevard 150, Reconnect Speedo, Oil Change, Check
Over Bike.
6. October 17, 2003.- Derbi Boulevard 150, Does Not Start. (Electrical)*
7. October 30, 2003.- Replace Front Turning Signals.
8. November 8, 2003.- Front Headlight Does Not Work. Turns Off on the Road at Night While Driving on the Highway. No Front Headlight.*
9. April 3, 2004.- For Derbi Boulevard 150, Exhaust Bolts Break Off.* Temporary Repair by Jon Jon.
10. April 23, 2004.-“Customer is Informed Vehicle is Not Safe to Drive. Exhaust is Loose and Will Assume Responsibility. Loose Nut Bolt.Exhaust Bolt Broke Off. Mechanic Jon Jon overdrilled nut bolt hole and added a larger nut bolt temporarily. (Not Repaired Fully Under Derbi Warranty Service because the motorcycle had to be sent off-site for extensive repair)*
11. June 11, 2004.- Derbi Warranty Expired.
12. August 6, 2004.- Tune Up/Oil Change Service on-site.
13. September 23, 2004.- Check Headlight. Off. Open Seat. Brakes.
14. October 12, 3004.- Replace Front Brakes, Oil Change, Glue Front Right Signal Light.*
15. November 11, 2004.- Warranty – Exhaust – Screw on Battery. Underseat Plastic.
16. 2005.- Derbi Boulevard 150 Battery is Rusted along the Posts and All Electrical Wires. No Repair Done by Champion Cycle Center, Inc. Chicago. No Notice to Plaintiff by Telephone, Mail or in any way.
17. April 4, 2006.-Plaintiff’s Inspection notes Missing Battery Compartment Underseat Plate has been Removed at the Bottom. On-site Defendants Have Broken Right Turning Signal Light. No Repair Done At All since November 2004. Weather Exposure Outside Has Rusted Battery, Posts & Wires. Derbi Boulevard 150 Motorcycle Does Not Start. It is Inoperable. José Rivera Refuses to Repair this Motorcycle again, though Defendants have Broken the Right Turning Signal Light, On-Site at Champion Cycle Center, Inc. Chicago.
April 11, 2006.- José Rivera Telephoned Plaintiff to Start Charging Storage Fees On-Site for Derbi Boulevard 150, Though Defendants Have Not Repaired the Same as Requested during November 2004.
DEFENDANTS AT CHAMPION CYCLE CENTER, INC. ET AL., IN CHICAGO, REPRESENTED BY COUNSEL ROBERT A. GORNIK, ESQ., CONTEND AND DENY ANY LIABILITY OR FACTS OF EVIDENCE PRESENTED AND SUBMITTED BY PLAINTIFF PRO SE, GARDENIA C. HUNG, A CONSUMER AND MOTORCYLE USER IN CHICAGO, ILLINOIS.
PLAINTIFF PRO SE’S HAS SUBMITTED THE MOTION TO CLOSE DISCOVERY AS FACTS OF EVIDENCE FOR MECHANICAL, ELECTRICAL, AND FUNCTIONAL DAMAGES AND LOSSES TO THE 2003 DERBI BOULEVARD 150CC MOTORCYCLE CAUSED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, DURING 2003, 2004, 2005, 2006, INCLUSIVE, FOR THIS LEGAL SETTLEMENT ACTION IN EXCESS OF $15,000, BASED ON CONSUMER SERVICE FRAUD, BREACH OF SERVICE WARRANTY CONTRACT, AND PRODUCT LIABILITY.
FOR THE RECORD, PLAINTIFF PRO SE HAS OFFERED AND PRESENTED THE LIST OF EXHIBITS A, A-1, B, C, C-1, D, E, F, G, H, I, AND J FOR DISCOVERY CLOSURE, FILED AS FACTS OF EVIDENCE FOR MOTORCYCLE EXPENSES AGAINST THE CLAIM BY THE COUNSEL FOR THE DEFENDANTS, CHAMPION CYCLE CENTER, INC., IN THE SUMMARY PLEADING FOR SETTLEMENT IN EXCESS OF $15,000 AS FOLLOWS:
1. EXHIBIT A-1.- 2003 DERBI WARRANTY IDENTIFICATION CARD signed by Owner Plaintiff Gardenia C. Hung from CHAMPION CYCLE CENTER, INC., BUSINESS CARD from Julio Aquino, Salesperson, DERBI NEWSPAPER ADVERTISING FROM THE READER, CHICAGO, COOK COUNTY, ILLINOIS, U.S.A. Certified and Notarized on August 28, 2006.
2. EXHIBITS A.- (2) BILLS OF SALE PURCHASE CONTRACTS FROM CHAMPION CYCLE CENTER, INC. FOR MAY 29, 2003, AND JUNE 11, 2003, DERBI CONDITIONAL BILL OF SALE CONTRACT FOR MOTORCYCLE 2003 DERBI BOULEVARD 150, DARK BLUE, VIN# VTHBL3AA63G199695, STOCK NO. 28991, CASH PRICE $4,225US WITH SALES TAX INCLUDED, CASH ON DELIVERY $3,155, TRADE-IN YAHAMA $1,100; YAMAHA CONDITIONAL BILL OF SALE, CASH PRICE $2,130US; DERBI WARRANTY CONTRACT IDENTIFICATION CARD WITH OWNER SIGNATURE FOR GARDENIA C. HUNG, DELIVERY DATE ON JUNE 11, 2003, VIN# VTHBL3AA63G199695; ILLINOIS STATE MOTORCYCLE REGISTRATION LICENSE, CHAMPION CYCLE SERVICE REPAIR CASH PAYMENT RECEIPTS, SERVICE WORK ORDERS, TOWING SERVICE RECEIPTS FROM AAA CHICAGO MOTOR CLUB, CASH RECEIPTS FOR EXPENSES, REPAIR, OPERATION OF MOTORCYCLE TO REPAIR.
Plaintiff PRO SE’S chronology for discovery leading to damages and losses involving the derbi boulevard 150 during the course of service in 2003, 2004, 2005, and 2006, based on service work orders by champion cycle center, inc. chicago.
1. May 29, 2003.- Brand new purchase of motorcycle Yamaha Zuma with a Foot Starter Crank from Salesperson, Julio Aquino, on-site.
2. June 11, 2003.- Brand new purchase of motorcycle Derbi Boulevard 150 from Salesperson Julio Aquino, with Derbi Warranty Service, without a foot brake. Returned in exchange Yamaha Zuma.
3. June 30, 2003.- For Derbi Boulevard 150, Oil and Filter Change/Inspection.
4. August 27, 2003.- For Derbi Boulevard 150, Electrical System is Out. No Power.*
5. October 5, 2003.- For Derbi Boulevard 150, Reconnect Speedo, Oil Change, Check
Over Bike.
6. October 17, 2003.- Derbi Boulevard 150, Does Not Start. (Electrical)*
7. October 30, 2003.- Replace Front Turning Signals.
8. November 8, 2003.- Front Headlight Does Not Work. Turns Off on the Road at Night While Driving on the Highway. No Front Headlight.*
9. April 3, 2004.- For Derbi Boulevard 150, Exhaust Bolts Break Off.* Temporary Repair by Jon Jon.
10. April 23, 2004.-“Customer is Informed Vehicle is Not Safe to Drive. Exhaust is Loose and Will Assume Responsibility. Loose Nut Bolt.Exhaust Bolt Broke Off. Mechanic Jon Jon overdrilled nut bolt hole and added a larger nut bolt temporarily. (Not Repaired Fully Under Derbi Warranty Service because the motorcycle had to be sent off-site for extensive repair)*
11. June 11, 2004.- Derbi Warranty Expired.
12. August 6, 2004.- Tune Up/Oil Change Service on-site.
13. September 23, 2004.- Check Headlight. Off. Open Seat. Brakes.
14. October 12, 3004.- Replace Front Brakes, Oil Change, Glue Front Right Signal Light.*
15. November 11, 2004.- Warranty – Exhaust – Screw on Battery. Underseat Plastic.
16. 2005.- Derbi Boulevard 150 Battery is Rusted along the Posts and All Electrical Wires. No Repair Done by Champion Cycle Center, Inc. Chicago. No Notice to Plaintiff by Telephone, Mail or in any way.
17. April 4, 2006.-Plaintiff’s Inspection notes Missing Battery Compartment Underseat Plate has been Removed at the Bottom. On-site Defendants Have Broken Right Turning Signal Light. No Repair Done At All since November 2004. Weather Exposure Outside Has Rusted Battery, Posts & Wires. Derbi Boulevard 150 Motorcycle Does Not Start. It is Inoperable. José Rivera Refuses to Repair this Motorcycle again, though Defendants have Broken the Right Turning Signal Light, On-Site at Champion Cycle Center, Inc. Chicago.
April 11, 2006.- José Rivera Telephoned Plaintiff to Start Charging Storage Fees On-Site for Derbi Boulevard 150, Though Defendants Have Not Repaired the Same as Requested during November 2004.
3. EXHIBIT B.- PLAINTIFF’S CORRESPONDENCE REPORTING TO CHAMPION CYCLE CENTER ABOUT NEGLIGENCE AND FAULTY SERVICE, CARELESSNESS, FALSE PROMISE OF SERVICE REPAIR, OMISSION AND CONCEALMENT OF DAMAGES, MISSING PARTS, DAMAGE TO ELECTRICAL WIRING SYSTEM ON MOTORCYCLE DERBI BOULEVARD 150CC.
4. EXHIBIT C.- CITY OF CHICAGO DEPARTMENT OF ADMINISTRATIVE HEARINGS DOCKET NO.06CS003095, ON BEHALF OF THE CITY OF CHICAGO DEPARTMENT OF CONSUMER SERVICES IN 2006 FOR CONVICTIONS IN THE AMOUNT OF $525 FOR (1) VIOLATION OF PROHIBITED ACTS/ENFORCEMENT WITH A FINE OF $250; (2) PROPER DISPOSAL OF UNREPAIRABLE OR UNCLAIMED VEHICLE PARTS WITH A FINE OF $250; (3) PROHIBITED ACTS VIOLATION/ENFORCEMENT WITH RESTITUTION. ADMINISTRATIVES FINE OF $25
5. EXHIBIT C-1.-CITY OF CHICAGO VIOLATIONS AND CONVICTIONS AGAINST DEFENDANTS, CHAMPION CYCLE CENTER, INC. ET AL. IN EXCESS OF $2,700, DUE TO CONSUMER SERVICE FRAUD, CONVICTIONS AND FINES.
6. EXHIBIT D.- COPY OF AAA CHICAGO MOTOR CLUB MEMBERSHIP DUES IN THE AMOUNT OF $95 PAID BY PLAINTIFF, GARDENIA C. HUNG ON MAY 29, 2003.
7. EXHIBIT E.- COPY OF THE VILLAGE OF LOMBARD APPLICATION FOR 2003-2004, AND VILLAGE STICKER APPLICATION BY PLAINTIFF, GARDENIA C. HUNG, PAID $12,00.
8. EXHIBIT F.- COPY OF MOTORCYCLE INSURANCE POLICY UNDERWRITTEN BY FOREMOST INSURANCE AND MICHAEL D. HILL, AGENT FOR CHICAGO AAA MOTOR CLUB INSURANCE AGENCY INC., PAID FOR INSURANCE PREMIUM COVERAGE IN THE AMOUNT OF $1,333.
9. EXHIBIT G.-LOMBARD AND CHICAGO GASOLINE RECEIPTS FOR MOTORCYCLE DERBI BOULEVARD 150 OWNED BY PLAINTIFF, AS EVIDENCE OF EXPENSES PAID TO DATE.
10. EXHIBIT H.- THE SUM OF $4,204.01, OTHER COMPENSIBLE EXPENSES FOR PLAINTIFF PRO SE’S TIME BILLED AT $100/HOUR FOR LEGAL COURT APPEARANCES, FILINGS, MAILINGS, WORDPROCESSING, LEGAL RESEARCH PREPARATION FOR ARBITRATION, DEVELOPMENT, LEGAL WRITING, PHOTOCOPYING, OFFICE SUPPLIES, U.S. MAILING, LEGAL RESOURCES,
11. EXHIBIT I.- THE SUM OF $16,071.35, FOR PRO SE PLAINTIFF’S PAID EXPENSES FOR CLAIM OFFERED AS DISCOVERY CLOSURE PURSUANT TO SUPREME COURT RULE 90(C) PENDING MANDATORY ARBITRATION ORDER ON NOVEMBER 3, 2006 BY JUDGE MICHAEL T. HEALY.
12. EXHIBIT J.- THE SUM OF $1,082.86, FOR DECEMBER 2006 PAID CASH EXPENSES FOR LEGAL RESEARCH, LEGAL WRITING, COURT FILINGS, U.S. MAIL POSTAGE, LEGAL RESOURCES TEXTBOOK PURCHASE, COURT APPEARANCES, PUBLIC TRANSPORTATION TO AND FROM CHICAGO, BY PLAINTIFF PRO SE, GARDENIA C. HUNG, M.A.
II. STATEMENT OF THE CONSUMER SERVICE PROTECTION LAW IN THE CITY OF CHICAGO, THE STATE OF ILLINOIS, AND THE CONSTITUTION OF THE UNITED STATES OF AMERICA: DOCTRINE OF NEGLIGENCE PER SE
PURSUANT TO CONSUMER SERVICE FRAUD, BREACH OF SERVICE CONTRACT, PRODUCT LIABILITY, COMMON LAW ESTOPPEL AND FRAUD, OBSTRUCTION OF JUSTICE, NON-RESPONSE TO SERVICE FRAUD, NO LEGAL SIGNATURES OR CERTIFICATIONS ON AFFIDAVITS, AND SUBSEQUENT TO THE FOLLOWING U.S. LAWS:
· 815 ILCS 380. NEW VEHICLE BUYER PROTECTION ACT
· 815 ILCS 380/3. FAILURE OF VEHICLE TO CONFORM; REMEDIES; PRESUMPTIONS (A) IF AFTER A REASONABLE NUMBER OF ATTEMPTS THE SELLER IS UNABLE TO CONFORM THE NEW VEHICLE TO ANY OF ITS APPLICABLE EXPRESS WARRANTIES, THE MANUFACTURER SHALL EITHER PROVIDE THE CONSUMER WITH A NEW VEHICLE OF LIKE MODEL LINE, IF AVAILABLE OR OTHERWISE A COMPARABLE MOTOR VEHICLE AS A REPLACEMENT, OR ACCEPT THE RETURN OF THE VEHICLE FROM THE CONSUMER AND REFUND THE CONSUMER THE FULL PURCHASE PRICE OR LEASE COST OF THE NEW VEHICLE, INCLUDING ALL COLLATERAL CHARGES, LESS A REASONABLE ALLOWANCE FOR CONSUMER USE OF THE VEHICLE.
· 625 ILCS 5/1-100 ET SEQ. ILLINOIS VEHICLE CODE. ESSENTIAL PARTS. ALL INTEGRAL PARTS OF A VEHICLE OF A TYPE REQUIRED TO BE REGISTERED HEREUNDER, THE REMOVAL, ALTERATION, OR SUBSTITUTION OF WHICH WOULD TEND TO CONCEAL THE IDENTITY OF THE VEHICLE OR SUBSTANTIALLY ALTER ITS APPEARANCE, MODEL, TYPE OR MODE OF OPERATION. “ESSENTIAL PARTS” INCLUDES THE FOLLOWING: VEHICLE HULKS, SHELLS, CHASSIS, FRAMES, FRONT END ASSEMBLIES (WHICH MAY CONSIST OF HEADLIGHT, GRILL, FENDERS, AND HOOD), FRONT CLIP (FRONT END ASSSEMBLY WITH COWL ATTACHED), REAR CLIP (WHICH MAY CONSIST OF QUARTER PANELS, FENDERS, FLOOR AND TOP), DOORS, HATCHBACKS, FENDERS, CABS, CAB CLIPS, COWLS, HOODS, TRUNK LIDS, DECK LIDS, T-TOPS, SUNROOFS, MOON ROOFS, ASTRO ROOFS, TRANSMISSIONS OF VEHICLES OF THE SECOND DIVISION, SEATS, ALUMINUM WHEELS, ENGINES, AND SIMILAR PARTS.
· 625 ILCS 5/12-301. BRAKES. (a) BRAKE EQUIPMENT REQUIRED. 1. EVERY MOTOR VEHICLE, OTHER THAN A MOTOR-DRIVEN CYCLE AND AN ANTIQUE VEHICLE DISPLAYING AN ANTIQUE PLATE, WHEN OPERATED UPON A HIGHWAY SHALL BE EQUIPPED WITH BRAKES ADEQUATE TO CONTROL THE MOVEMENT OF AND TO STOP AND HOLD SUCH A VEHICLE, INCLUDING 2 SEPARATE MEANS OF APPLYING THE BRAKES, EACH OF WHICH MEANS SHALL BE EFFECTIVE TO APPLY THE BRAKES TO AT LEAST ONE WHEEL ON A MOTORCYLE AND AT LEAST 2 WHEELS ON ALL OTHER FIRST DIVISION AND SECOND DIVISION VEHICLES. IF THESE 2 SEPARATE MEANS OF APPLYING THE BRAKES ARE CONNECTED IN ANY WAY, THEY SHALL BE SO CONSTRUCTED THAT THE FAILURE OF ANY PART OF THE OPERATING MECHANISM SHALL NOT LEAVE THE MOTOR WITHOUT BRAKES.
· 733 ILCS 5/1-109. SIGNATURES FOR VERIFICATION OF CERTIFICATION AS REQUIRED BY LAW ON ALL AFFIDAVITS IN THE STATE OF ILLINOIS AND COOK COUNTY FOR VALIDITY AND WEIGHT AS EVIDENCE TO BE SUBMITTED IN THIS COURT OF LAW
· 815 ILCS 505/1 ET SEQ. CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT (CFDBPA). 815 ILCS 505/2. PROHIBITED PRACTICES. 815 ILCS 510/1 ET SEQ. UNIFORM DECEPTIVE TRADE PRACTICES ACT (UDTPA)
· FEDERAL TRADE COMMISSION ACT (FTC), 15 USC § 45 ET SEQ. AND 16 CFR
· COMMON LAW FRAUD
· COMMON LAW ESTOPPEL
· DOCTRINE OF RES IPSA LOQUITUR
· DOCTRINE OF NEGLIGENCE PER SE
· THE CONSTITUTION OF THE UNITED STATES OF AMERICA, FIRST SECTION, FOURTEENTH AMENDMENT, FIFTH AND SIX AMENDMENTS
· THE CONSTITUTION OF THE STATE OF ILLINOIS. ARTICLE I. THE BILL OF RIGHTS
· THE CITY OF CHICAGO MUNICIPAL CODE OF ORDINANCES FOR CONSUMER PROTECTION
· FAIR CREDIT BILLING ACT
· THE MAGNUSON-MOSS WARRANTY FEDERAL TRADE COMMISSION ACT (FTC) (15 U.S.C. §2302)
· THE FREEDOM OF INFORMATION ACT (FOIA) 5 U.S.C. § 552, AS AMENDED BY PUBLIC LAW NO. 104-231, 1100 STAT. 3048, WHICH ALLOWS CONSUMERS TO ACCESS INFORMATION ABOUT BUSINESS VIOLATIONS IN CHICAGO FOR CHAMPION CYCLE CENTER, INC. ET AL. AS A TRADE AND COMMERCE ENTITY.
· COMMON LAW FRAUD
· COMMON LAW ESTOPPEL
· 815 ILCS 306/5/10/15/30/40/50/55/60/80, AUTOMOTIVE REPAIR ACT
· THE ILLINOIS EQUAL JUSTICE ACT. 30 ILCS 765/1 ET. SEQ. THE ACT RECOGNIZES THAT EQUAL ACCESS TO OUR LEGAL SYSTEM IS A BASIC RIGHT FOR ALL ILLINOIS RESIDENTS, REGARDLESS OF THEIR INCOME. THE ACT PROMOTES A RANGE OF INNOVATIVE, COST-EFFECTIVE STRATEGIES FOR MEETING THE CIVIL LEGAL NEEDS OF ALL ILLINOIS RESIDENTS. THE ACT ALSO CREATED THE ILLINOIS EQUAL JUSTICE FOUNDATION TO DISTRIBUTE FUNDING APPROPRIATED BY THE STATE OF ILLINOIS TO SUPPORT LEGAL AID PROGRAMS.
· FAIR CREDIT BILLING ACT
PLAINTIFF PRO SE MOTIONS FOR DISCOVERY CLOSURE WHICH INCLUDES A SUMMARY LIST OF EXHIBITS A, B, C, C-1, D, E, F, G, H, I, AND J, SUBMITTED AND FILED BEFORE THIS CIRCUIT COURT AS FACTS OF EVIDENCE TO SUPPORT THE PLAINTIFF’S LEGAL CLAIM FOR EXPENSES PAID AGAINST THE CLAIM PRESENTED BY ROBERT A. GORNIK, THE COUNSEL FOR THE DEFENDANTS IN THIS ACTION, PENDING COURT APPEARANCE FOR DISCOVERY CLOSURE BEFORE JUDGE MICHAEL T. HEALY, IN ROOM 1501, ON DECEMBER 29, 2006, 9PM.
WHEREFORE PLAINTIFF PRO SE PRAYS FOR JUSTICE AND JUDGEMENT AGAINST THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. DUE TO CONSUMER SERVICE FRAUD, BREACH OF SERVICE WARRANTY CONTRACT, AND PRODUCT LIABILITY, AS FOLLOWS FOR:
(1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35, AS NOTED IN EXHIBIT I, IN CONFORMITY TO PROOF;
(2) OTHER COMPENSIBLE COURT LEGAL EXPENSES PAID AS CASH WITH RECEIPTS IN THE SUM OF $4,204.01, EXHIBIT H, IN COMFORMITY TO PROOF.
(3) AND PLAINTIFF PRO SE ALSO PRAYS FOR SUCH OTHER ADDITIONAL LEGAL COURT COSTS IN THE SUM OF $1,082 FOR DECEMBER 2006, NOTED IN EXHIBIT J, IN CONFORMITY TO PROOF, AND FOR FURTHER REMEDY AND RELIEF AS THE COURT DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS SETTLEMENT ACTION FOR THE TOTAL SUM OF $21,358.22, FOR CASH EXPENSES INCURRED DURING THE COURSE OF LEGAL SETTLEMENT ACTION AND CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150CC IN 2003, 2004, 2005, 2006.
Respectfully Submitted and Dated on December 22nd, 2006,
Gardenia C. Hung, M.A.
502 S. Westmore Avenue
Lombard, IL 60148-3028
Attorney Pro Se No. 99500
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this
instrument are true and correct, to the best of my ability, so help me God.
Date: December 22nd, 2006 Signature:______________________________________________
Gardenia C. Hung, M.A.
Cook County, State of Illinois, United States of America


PROOF OF SERVICE
I, the undersigned, do hereby state on oath that I served the foregoing documents for Discovery Closure in this legal settlement action upon Robert A. Gornik, Esq., Favil David Berns & Associates, Attorneys for the Defendants, 30 East North Avenue, Northlake, Illinois 60164 and filed the same in the Circuit Court of Cook County, Illinois, Municipal Department, First District, in the State of Illinois, and forwarded the same via U.S. Mail and in person by placing the same in the U.S. Mail at the Chicago Post Office, in Cook County, Illinois on the 22nd day of December 2006.

Gardenia C. Hung, M.A., Pro Se
_______________________________ 502 S. Westmore Avenue
Lombard, Illinois 60148-3028 USA
Email: file:///C:/Documents%20and%20Settings/Net/Local%20Settings/Temporary%20Internet%20Files/Content.IE5/4HZZKNO1/gardenia359@hotmail.com


III. STATEMENT OF THE LAW IN THE CITY OF CHICAGO, THE STATE OF ILLINOIS, AND UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA
INTRODUCTION
Under the Constitution of the United States, First Section, Fourteenth Amendment and under God, Plaintiff Pro Se, Gardenia C. Hung is granted equal protection under the laws of the United States of America given that “no state shall deny any person within its jurisdiction the equal protection of the laws of the land.” In addition, the Fifth Amendment “guarantees the individual’s right not to be deprived of life, liberty and property without due process of law” in combination with the Fourteenth Amendment which “guarantees equal protection under the Supreme Law of the land.” Subsequently, the Sixth Amendment assures everyone “the right to a speedy and public trial, by an impartial jury…”
Equally, the Constitution of the State of Illinois and the Bill of Rights, under God, guarantee women equal protection of the laws and due process, Article 1, Section 2. Pursuant to Section 12, the Constitution of the State of Illinois guarantees the right to remedy and justice wherein “every person shall find a certain remedy in the laws for all injuries and wrongs received to the individual, privacy, property or reputation. The individual shall obtain justice by law, freely, completely, and promptly.” Furthermore, Section 23, states the Fundamental Principles as follow: “A frequent recurrence to the fundamental principles of civil government is necessary to preserve the blessings of liberty.”
In addition, the City of Chicago, under Mayor Richard M. Daley, has enforced Municipal Code of Ordinances regulating Consumer Protection Services in Chicago, Cook County, Illinois, in this legal action against the Defendants, Champion Cycle Center, Inc., et al., as known by Counsel Robert A. Gornik and on court records in this Circuit Court of Cook County, Illinois, U.S.A.
On April 3, 2006, this legal consumer service complaint was heard before the City of Chicago Department of Administrative Hearings for Chicago Consumer Service convictions, fines, and penalties in the amount of $525 against Defendants at Champion Cycle Center, Inc., having considered the motions, evidence, and arguments presented by the Chicago Public Vehicle Inspector, Mr. Anthony Irvin, from the Consumer Protection Division, Motor Vehicle Unit, and from the Legal Officers, Mr. Stuart Alpern, Attorney, and Mr. Peter Yeung, Attorney, as well as from Ms. Rosemary Krimbel, Supervisor, before the presiding judge, Carol J. Chavez, Administrative Law Officer, who ordered the Defendants, José Rivera, Service Manager, and Mayra Harmon, paralegal from the Law Office of Favil, David Bern & Associates, LLC., to comply with the City of Chicago Ordinances and Violations noted during 2005 and 2006, in favor of the Plaintiff Pro Se, Gardenia C. Hung, as noted in Exhibit C.
Furthermore, on August 5, 2002, the City of Chicago prosecuted convictions against the Defendants at Champion Cycle Center, Inc. with fines and penalties in the sum of $2,700, as noted in Exhibit C-1.
Let it be known that the City of Chicago Department of Consumer Services (DCS), supported by the Mayor of Chicago, Richard M. Daley, continues to protect the public from Consumer Service Fraud and Deception due to Unfair Business Practices in 2005, as noted in the feature article from Chicago Headlines, in the City of Chicago Website, egov.cityofchicago.org/city/webportal—Courtesy Copy provided by Shirley A. Harris, pursuant to the Freedom of Information Act, 5 U.S.C. §552, as Amended by Public Law No. 104-231, 110 Stat. 3048.
Chicago DCS has joined with the Federal Trade Commission to prevent service and credit fraud for unfair business practices against Chicago consumers in Illinois.
For instance, “purchasing and repairing motor vehicles is a constant source of consumer frustration. In addition, to consumer complaints, DCS cited 68 motor vehicle repair shops for violations during a two-month investigation into deceptive and unlawful acts, including gross negligence, incomplete work that resulted in dangerous vehicles and not meeting trade standards for good and workmanlike repairs”.
DCS also cited 45 used car dealerships in Chicago for violations during an investigation targeting prohibited practices, such as not posting buyer’s guides, not completing service contracts in two languages, not posting prices on vehicles, obstructing the public way and interfering with investigators.
We are aware that U.S. Constitutional laws preserve and protect the rights of individuals, women, and minorities as consumers against the arbitrary actions and prohibited abuses of those who overlook lawful business practices for service repair maintenance of motor vehicles to include motorcycles in Chicago, case in point, Champion Cycle Center, Inc. in Chicago, the Defendants in this legal action.
For the record, Plaintiff Pro Se, Gardenia C. Hung, Asian American, age 48, is a citizen of the United States of America and a legal resident of the State of Illinois, as well as a frequent and known Chicago consumer. As such, PRO SE Plaintiff also has basic, inalienable rights defined by U.S. Constitutional laws and the Amendments thereof—these are fundamental rights to be protected and enforced before the Circuit Court of Cook County, First Municipal District, in the State of Illinois, U.S.A.
The Constitution of the United States, by law and under God, guarantees PRO SE Plaintiff, Gardenia C. Hung, the same U.S. Constitutional rights as a woman, as a minority, as a U.S. citizen and as a Chicago motorcycle consumer, beyond reasonable doubt, as other consumers in the United States of America. Moreover, as a U.S. consumer, PRO SE Plaintiff has protected rights wherein the manufacturer or dealer in this Champion Cycle Center, Inc. in Chicago, “must repair a product that is defective, and if repeated repairs fail to fix it, the Plaintiff as a consumer must get a refund or a free replacement by law”.
Under the Fair Credit Billing Act, Defendants at Champion Cycle Center, Inc. in Chicago, Jon Jon did not complete and/or perform service repair act during 2004, 2005, and 2006, while over billing Plaintiff in excess for Derbi motorcycle service involving brake work replacement as noted, without completing the service work repair order, and leaving the service shop premises early afternoon during 2004—as witnessed by Plaintiff, Service Mechanic Emmanuel, and others on-site at 3625 North Western Avenue, Chicago, Illinois 60618, Telephone (773) 528-6500.
Given the preponderance of evidence and court facts already filed, reviewed, and on record, Defendants are technically faulty and liable for intentional negligence, as the Courts say, “res ipsa loquitur,” Champion Cycle Center’s act of service fraud speaks for itself. As noted, the doctrine of “res ipsa loquitur” may also be invoked where service repair damage is caused by the mechanical breakdown of a motorcycle vehicle, case in point, the 2003 Derbi Boulevard 150, that is under the ownership and control of the aggrieved party, Gardenia C. Hung, with 2003 Title Purchase and Service Contract field, and State of Illinois registration, for extensive damages and losses in the amount of $15,000.
I. PRO SE PLAINTIFF’S OBJECTION TO DEFENDANT’S ATTORNEY §2-615 MOTION TO STRIKE
Now comes PRO SE Plaintiff, Gardenia C. Hung, Pro Se, and Pursuant to 815 ILCS 505/1 et seq. Consumer Fraud and Deceptive Business Practices Act and 815 ILCS 505/2 Prohibited Practices, to object to the Defendant(s) Attorney Motion to Strike and Dismiss this meritorious case since the law prohibits consumer service fraud and deceptive business practices “in the conduct of any trade or commerce” as performed by Champion Cycle Center, Inc. in Chicago.
This meritorious case begs to be heard based upon the preponderance of evidence against the Defendants on record. In addition, Defendants and Counsel Robert A. Gornik are liable for Consumer Fraud and Estoppel under Common Law in this legal action, which sustains the veracity of court records and the preponderance of evidence already submitted by Plaintiff and accrued during 2003, 2004, 2005, and 2006, on file in other courts, districts, and venues in Chicago, Illinois, U.S.A.
PRO SE Plaintiff prays in this legal claim for the relief to which she supposes to be entitled for restitution in the amount of $15,000 to include court costs, expenses, and any other miscellaneous, extraneous charges in this case. And the Plaintiff prays for such other relief as the nature of this case may require, and as may be agreeable to equity and good conscience due to hardship and the consequences of the damages and losses inflicted to family and professional life.
1. Plaintiff claims damages and losses to the motorcycle Derbi Boulevard 150 and Yamaha Zuma, purchased from Champion Cycle Center, Inc. and sales agent, Julio Aquino, on May 29, 2003, and June 11, 2003. The motorcycle has been extensively damaged during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon due to carelessness, negligence, and failure to provide mechanical service as promised and discussed.
2. This legal complaint must be considered on meritorious grounds, since the Defendant(s) are seriously at fault as follows:
a. Claim for negligence by the Defendants’ service mechanic Jon Jon and supervisor José Rivera whose carelessness and failure to service repair the vehicle have caused additional and permanent damage to the motorcycle Derbi Boulevard 150 from 2004 to the present, 2006, within the year of the purchase and during the course of (2.5) two and half years of service at Champion Cycle Center Inc. in Chicago.
b. By law, the Defendants owed legal duty of service and mechanical repair as stipulated and promised on November 2004 by work order taken on site at Defendants’ premises.
c. There has been a breach of service contract duty since the Defendants have been performing erratically and unreasonably since May 2004 as shown in the letter correspondence, Exhibit B.
d. The Defendants’ carelessness and negligence severely damaged the motorcycle Derbi Boulevard 150 permanently beyond reasonable doubt as the motorcycle is still on-site, at their premises.
e. Plaintiff has suffered economic losses, extensive damages to the motorcycle(s) and consequences of hardship which repercuted on family tragedy and professional life.
f. The Defendants’ have breached the Derbi Boulevard 150 Service Contract by failing to fulfill the service repair agreement as requested by Plaintiff since May 2004 under Warranty approved by Derbi. The Defendants have legally violated established terms of business service repair practices for the Derbi Boulevard 150 motorcycle. From June 2003 through November 2004, Plaintiff complied with cash payment upon delivery for service and repair under Champion Cycle Center work repair order taken by José Rivera and assigned to various mechanics, one of which has been Jon Jon. However, the Defendants have been failing to perform standard Certified Derbi motorcycle service repair and maintenance as required by law. Instead, the Defendants have been deliberately removing parts, such as the battery compartment bottom case, damaging the motorcycle’s electrical wiring system beyond repair, and refusing to provide further repair service after additional permanent damages have been inflicted on the motorcycle since November 2004. Such extensive damages, up to $15,000 have caused Plaintiff actual financial losses and consequences of hardship to family and professional life.
3. Thus, Plaintiff additionally prays for such other and further relief to which this Court and Jury may show herself to be justly entitled to full restitution due to permanent and extensive damages and losses to the motorcycle Derbi Boulevard 150 which also repercute on the Plaintiff’s family tragedy and professional life to include any other extraneous costs, expenses, and fees to date, based upon the preponderance of evidence filed against the Defendants.
4. Pursuant to the Automotive Repair Act, 815 ILCS 306, the Illinois General Assembly, under God, supports “improved communications and accurate representations between automotive repair facilities and their customers…” by law, “and promote fair and non-deceptive practices, thereby enhancing the safety and reliability of motor vehicles serviced by motor vehicle repair facilities in the State of Illinois”. However, the Defendants at Champion Cycle Center, Inc. in Chicago, have failed to observe lawful business practices and transactions involving Plaintiff, Gardenia C. Hung, who has the burden of proof in persuading this Court of the merits of this legal action in the recovery of Service Fraud Damages in the amount of $15,000 for extensive disrepair and losses inflicted upon the 2003 Derbi Boulevard 150 motorcycle, within one year of purchase from 2003-2004, and now the motor vehicle is rendered useless, inoperable, and rusted due to weather exposure on site at the Champion Cycle Center, Inc. facility.
5. This legal complaint is based on a recognized claim by the Plaintiff on the grounds that the Defendants have intentionally damaged the motorcycle Derbi Boulevard 150 during the course of service from 2003, 2004, 2005, and present year in 2006, thus interfering with the economic advantage and personal family tragedy and professional life. The motorcycle Derbi Boulevard 150 has been damaged and rendered inoperable by the Defendants at Champion Cycle Center, Inc. of Chicago who are privileged, while receiving cash payments for the same motorcycle repair maintenance which causes permanent and extensive damages during the course of service to the same motorcycle, currently beyond repair on-site. The Defendant’s actions were done without justification and with malicious intent, beyond reasonable doubt, as evidenced in the motorcycle’s current condition of disrepair and disablement, and the preponderance of evidence submitted against the Defendants. Consequently, Plaintiff begs for a special prayer for the particular relief to which the Plaintiff claims to be entitled.
WHEREFORE, Plaintiff objects to the Defendants’ Attorney’s Contested Motion to Strike and Dismiss this legal complaint beyond reasonable doubt.
II. PRO SE Plaintiff’s Objection to Defendants Motion to Dismiss
Now comes Plaintiff Pro Se, Gardenia C. Hung with objection to the Defendants’ Contested Motion to Dismiss this legal complaint pursuant to 815 ILCS 505/1 et seq. Consumer Fraud and Deceptive Business Practices Act and 815 ILCS 505/2 Prohibited Practices, the Federal Trade Commission Act (FTC) which prohibits unfair and deceptive acts or practices stipulated and performed by the Defendants. FTC Holder in Due Course Rule, 16 CFR 433, preserves consumer’s claims and defenses against subsequent holders and assignees of contracts in connection with any sale or lease of goods or services.
In addition, Common Law Service Fraud is noted in legal action against the Defendants at Champion Cycle Center, Inc. in Chicago due to blatant consumer service abuses and unlawful business service practices as evidenced in the conduct of service trade by Defendants. Obviously, they have been misrepresenting and omitting damages to motorcycle vehicles during the course of service on site.
1. Defendants have damaged the motorcycle Derbi Boulevard 150 purchased by the Plaintiff brand new in 2003, during the course of service during 2004, 2005, and to date, in 2006.
2. Defendants have damaged and removed essential parts, such as the battery compartment plate which has contributed to additional rust, disrepair, and disablement of the motorcycle, beyond reasonable doubt.
3. Defendants have damaged the brake drums and essential brake components which has caused the brake pads to slide off, slip off, and fall off, while shirring upon braking.
4. Defendants have damaged and cracked the motorcycle chassis which is now broken and falling apart as it has been loosened at the screws and securing points.
5. Defendants have broken the right turning signal light through careless and negligent handling of the motorcycle on-site. As a result of faulty, negligent mechanical service provided at Champion Cycle Center, Inc. in Chicago, PRO SE Plantiff’s vehicle has becomes hazardous and inconvenient to drive in Chicago and Illinois highways due to electrical shut-offs, sliding brakes, and sluggish performance, overheating.
6. Technically faulty is the Defendants’ Attorney rhetorical false assumption that “neither of the individual Defendants is a proper party to this matter” given that the Defendants, José Rivera and Jon Jon as employees and mechanical service providers at Champion Cycle Center, Inc. in Chicago, are liable in this claim as the ones who performed the motorcycle service and received cash payment and salary, while at the same time, providing faulty mechanical service which has damaged the motorcycle Derbi Boulevard 150 from May 2004, through the present, in 2006. Defendants fail to comply with the Automotive Service Repair Act, 815 ILCS 306/10, which defines all repairs to motor vehicles must be performed by a certified, qualified motor vehicle technician, i.e. Derbi Certified mechanical technician.
7. Subsequent to 815 ILCS 306/15, Defendants have failed to comply with Disclosures to the Consumer and Plaintiff.
8. Under 815 ILCS 306/30, Defendants failed to perform Motorcycle Service Repair to Exhaust and Motor System under Champion Cycle Center, Inc. service contract and Derbi Warranty, which was authorized but not performed or implemented to date in 2006.
9. Pursuant to 815 ILCS 306/40, Defendants did not complete service repair work noted on Champion Cycle Center Service Work order during November 2004. Plaintiff did not receive any notice or advise for update regarding status of service repair for the 2003 Derbi Boulevard 150 motorcycle, during 2004, 2005, and 2006.
10. According to 815 ILCS 306/50, Defendants did not provide accurate or explicit disclosures to Plaintiff as a U.S. consumer. In addition, Champion Cycle Center Service Manager Jose Rivera added undisclosed storage charges for the 2003 Derbi Boulevard 150 motorcycle, even when Defendants used a location exposed to the weather inclemency outside by the public sidewalk, to keep the Plaintiff’s motorcycle. For the record, extreme cold temperatures and continued weather exposure have rusted and damaged the 2003 Derbi Boulevard 150 at the expense of the Defendants’ carelessness and negligence.
11. Pursuant to 815 ILCS 306/55, Champion Cycle Center, Inc. in Chicago has not honored nor enforced the Purchased Service Contract and the Derbi Warranty for the 2003 Derby Boulevard 150, still inoperable due to No Service Repair Work Performed by the Defendants since November 2004.
12. Subsequent to 815 ILCS 306/80, for Unlawful Acts or Practices, Defendants have been charging Plaintiff as a U.S. Consumer for parts not delivered or installed or a labor operation or repair procedure that has not actually been performed, completed, though stated on Service Repair Work Order at Champion Cycle Center, Inc. in Chicago, Illinois. Furthermore, Defendants caused unnecessary repairs for Electrical Re-wiring done by Jon Jon, within one year of purchase from 2003-2004 on the brand new 2003 Derbi Boulevard 150 motorcycle.
13. In addition, pursuant to 815 ILCS 306/80, Defendants have been misrepresenting the terms of the Derbi warranty, guarantee, or service agreement; as well as failing to honor and comply with the Derbi Warranty during 2003-2004, and to which the Plaintiff’s motorcycle is entitled to have received by service and to which Defendants are bound as a service party, by U.S. Constitutional laws, under God, by the State of Illinois Compiled Statutes, and by the City of Chicago Ordinances for Consumer Protection.
III. PLAINTIFF’S MOTION FOR OBJECTION TO THE ACCEPTANCE AND/OR ADMISSION OF DEFENDANTS’ EXHIBITS A AND C, NOT QUALIFIED, PURSUANT TO 733 ILCS 5/1-109, VERIFICATION BY CERTIFICATION IS REQUIRED BY LAW ON ALL AFFIDAVITS IN THE STATE OF ILLINOIS AND COOK COUNTY FOR VALIDITY AND WEIGHT AS EVIDENCE TO BE SUBMITTED IN A COURT OF LAW
For the record, ROBERT A. GORNIK FOR THE DEFENDANTS, CHAMPION CYCLE CENTER, INC. ET AL. submitted Exhibit A, a copy of the Plaintiff’s First Amended Complaint, and Exhibit C, blank Affidavits for Larry Wolfe, Julio Aquino, and Michael Wolfe which are unsigned, incomplete, and not certified by verification of an Illinois Notary Public.
Plaintiff motions for the Objection to the Acceptance and/or Admission of Exhibit A, the Plaintiff’s First Amended Complaint as evidence because the Plaintiff’s Summary Pleading has already been noted, filed, and submitted for review in this Court of law. For the record, the First Amended Complaint does comply with ultimate facts of Consumer Service Fraud, and Breach of Service Contract, as well as reports technical faults in service repair and maintenance for motorcycles provided by Champion Cycle Center, Inc. in Chicago, which supports this cause of legal action in this matter. Moreover, the Plaintiff’s First Amended Complaint does provide a conclusive Summary Pleading, definite conclusions of law set in the U.S. legal system of laws, and valid conclusions of fact based upon the preponderance of evidence filed and submitted by Plaintiff as Exhibits A, B, and C, beyond a reasonable doubt.
Before this Court of law, the real issues evolve around Consumer Service Fraud, Breach of Service Contract, Common Law Fraud and Estoppel, Perjury, Obstruction of Justice, Non-Disclosure, and the Unethical Law Practices and Unfounded Arguments presented by Counsel Robert A. Gornik for the Defendants, Champion Cycle Center, Inc. et al. in Chicago, Illinois.
In addition, Plaintiff Motions for the Objection to the Acceptance and/or Admission of Exhibit C, (3) blank Affidavits for Larry Wolfe, Julio Aquino, and Michael Wolfe which have not been signed nor validated by the certification of an authorized Illinois Notary Public for the State of Illinois, nor qualified in Cook County. Pursuant to the Illinois Notary Public Act, 312/6-101(a) a “Notarial Act” means any act that a notary public of this State is authorized to perform and includes taking an acknowledgement, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature.
Exhibit C, (3) blank Affidavits, as used and presented by Counsel Robert A. Gornik for the Defendants, is invalid, null and void, unsigned, incomplete and not certified or legally verified for validity by an Illinois Notary Public commissioned by the State of Illinois; subsequent to an opinion filed by Illinois Appellate Court Reports No.2-867-0713, 154 ILL. APP. 3D 54 (1987) which stated that the petition lacked a signed affidavit required by Section 7-1-4 of the Illinois Municipal Code (ILL. REV. STAT. 1985, Chapter 24, Paragraph 7-1-4).
Consequently, Plaintiff sustains Objection to the Acceptance and/or Admission of New Exhibits A and C as irrelevant, invalid, null and void, as evidence used by Counsel Robert A. Gornik for the Defendants in this legal action, as noted.
For the record, Plaintiff, Gardenia C. Hung, is an Illinois Notary Public Commissioned by the State of Illinois.
In this legal action, Plaintiff has established by facts of evidence that the Defendants are liable for penalties, fines, and full restitution for Consumer Service Fraud, Common Law Estoppel, Perjury, Obstruction of Justice, and No Certification of the Affidavits presented by Counsel Robert A. Gornik.
WHEREFORE, Plaintiff as an aggrieved party moved this Circuit Court and motions for an Order of Settlement in the amount of $15,000 due to service fraud, estoppel, breach of service contract, obstruction of justice, and perjury as noted by the Defendants and Counsel, Robert A. Gornik. Plaintiff prays that this legal complaint be heard and considered by U.S. Constitutional laws, against the Defendants without prejudice, in favor of the Plaintiff and the damaged motorcycle 2003 Derbi Boulevard 150. Plaintiff additionally prays for such other and further relief to which she may show herself to be justly entitled by law due to inflicting deliberate and malicious hardship, damages and losses inflicted upon PRO SE Plaintiff, Gardenia C. Hung and the 2003 Derbi Boulevard 150 motorcycle.
Dated this November 6, 2006
Gardenia C. Hung, M.A.
502 S. Westmore Avenue
Lombard, IL 60148-3028
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.
Date: November 6, 2006 Reserved Signature:______________________________________
Gardenia C. Hung, M.A.
Cook County
State of Illinois
United States of America


PROOF OF SERVICE
I, Gardenia C. Hung, M.A. as PRO SE Plaintiff, certify that under penalty of perjury I have filed the same in the Circuit Court of Cook County, First Municipal District, in the State of Illinois, and served this notice to each person to whom it is directed, in person and by mail, this 6th day of November in the year 2006.

Reserved Signature by:____________________________________________
Gardenia C. Hung, M.A.
Cook County
State of Illinois
United States of America


GARDENIA C. HUNG
Plaintiff, Pro Se
vs.
CHAMPION CYCLE CENTER, INC., Larry Wolfe, Julio Aquino, Jose Rivera, Jon Jon, Michael Wolfe, et al. [BeBe, JoJo, Hank, Henry, Juan, Pancho, Immanuel, John, etc.]
Defendants
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Case No.: 2006 M1-13467
NOTICE OF FILING
PLAINTIFF PRO SE’S MOTION TO CLOSE ARGUMENT WITH DISCOVERY CLOSURE FOR LEGAL SETTLEMENT ACTION IN EXCESS OF $15,000 FOR (1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35; (2) OTHER COMPENSIBLE COURT EXPENSES IN THE SUM OF $4,204.01; (3) ADDITIONAL SUM OF $1,082.22, IN LEGAL COURT EXPENSES, FOR A TOTAL SUM OF $21,358.22, FOR CASH EXPENSES INCURRED DURING THE COURSE OF SETTLEMENT ACTION AND CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150CC IN 2003, 2004, 2005, 2006 PURSUANT TO: CONSUMER SERVICE FRAUD, BREACH OF SERVICE CONTRACT, AND PRODUCT LIABILITY.

To: Honorable Judge Michael T. Healy/Judge Johnson To: Robert A. Gornik, Esq. To: Honorable Clerk Dorothy Brown Attorney for the Defendants
Circuit Court of Cook County Favil, David Berns & Assoc. LLC
50 West Washington St., Room 1501 30 East North Avenue
Chicago, Illinois 60602 Northlake, Illinois 60164
I. STATEMENT OF FACTS OF EVIDENCE: THE DOCTRINE OF RES IPSA LOQUITUR,
ANALYSIS OF THE 2003 DERBI BOULEVARD 150 CC MOTORCYCLE
PLAINTIFF PRO SE MOTIONS TO CLOSE ARGUMENT WITH DISCOVERY CLOSURE FOR LEGAL SETTLEMENT ACTION IN EXCESS OF $15,000 FOR (1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35; (2) OTHER COMPENSIBLE COURT EXPENSES IN THE SUM OF $4,204.01; (3) ADDITIONAL SUM OF $1,082.22, IN LEGAL COURT EXPENSES, FOR A TOTAL SUM OF $21,358.22, FOR CASH EXPENSES INCURRED DURING THE COURSE OF SETTLEMENT ACTION AND CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150CC IN 2003, 2004, 2005, AND 2006, PURSUANT TO: CONSUMER SERVICE FRAUD, BREACH OF SERVICE CONTRACT, AND PRODUCT LIABILITY.
IN THE DOCTRINE OF RES IPSA LOQUITUR, THE FACTS OF EVIDENCE IN THIS LEGAL SETTLEMENT ACTION INDICATE A VALID CASE WHICH SPEAKS FOR THE 2003 DERBI BOULEVARD 150CC ITSELF, IN TERMS OF MECHANICAL, ELECTRICAL, AND FUNCTIONAL DAMAGES AND LOSSES CAUSED BY DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, WHICH HAVE RENDERED THE SAME MOTORCYLE INOPERABLE AND HAZARDOUS TO DRIVE ON ILLINOIS ROADS. GENERALLY, IF A DANGEROUS MOTOR VEHICLE IS IN THE SOLE CUSTODY AND CONTROL OF THE DEFENDANTS, FROM 2004, 2005, AND 2006, INCLUSIVE, AND STILL NOT REPAIRED OR SERVICED AS PROMISED AND UNDER THE DERBI WARRANTY CONTRACT, THEN THE DOCTRINE OF RES IPSA LOQUITUR APPLIES IN THIS LEGAL ACTION, AS FOLLOWS:
A. MECHANICAL MALFUNCTION. THE 2003 DERBI BOULEVARD 150CC, WITHOUT A FOOT BRAKE, REQUIRES THE MOTORCYCLE DRIVER TO STOP THIS MOTOR VEHICLE WITH BOTH FEET. THE HANDLE BAR BRAKES CONTROL THE CYLINDER DISC BRAKE DRUM WHICH HAS BEEN SCRATCHED, WHILE THE (2) BRAKE PADS HAVE SLIPPED OFF, SLID OFF, CAUSING NOISY SQUEAKING, SHIRRING, AND SCRATCHING ON THE ROAD. IN ADDITION, THE 2003 DERBI BOULEVARD 150CC EMISSION EXHAUST SYSTEM IS STILL UNDER THE DERBI MANUFACTURER’S WARRANTY. THE 2003 DERBI BOULEVARD 150CC HAS BEEN DAMAGED during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for THE emission exhaust SYSTEM and THE welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, derbi red power, boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal SETTLEMENT action. THE DERBI WARRANTY SERVICE CONTRACT APPROVED THE EMISSION EXHAUST SERVICE AND WELDING REPAIR ACCORDING JOSE RIVERA, SERVICE MANAGER AT THE CHAMPION CYCLE CENTER, INC. IN CHICAGO. THIS EMISSION EXHAUST SERVICE AND WELDING REPAIR REQUIRED A DETAILED DISASSEMBLY, TO TAKE APART THE ENTIRE DERBI EMISSION EXHAUST AND MOTOR SYSTEM FOR WELDING AND CLEAN UP MAINTENANCE, VERY CAREFULLY DONE BY A CERTIFIED WELDER MECHANIC, OFF-SITE, NOT AT CHAMPION CYCLE CENTER, INC. IN CHICAGO—SINCE DUST, DEBRIS, AND DIRT HAD PENETRATED THE DERBI EXHAUST EMISSION AND MOTOR SYSTEM WHEN JON JON, THE MECHANIC, HAD OVERDRILLED the HOLE FOR THE SECURING BOLTS WHICH HAD BROKEN OFF THE 2003 DERBI BOULEVARD 150CC ON THE ROAD. FOR THE RECORD, DEFERNDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, FAILED TO PROVIDE THE REQUIRED DERBI EMISSION EXHAUST SERVICE AND WELDING OF THE (2) TWO BOLTS SECURING THE MOTOR AS PROMISED TO THE CONSUMER, PLAINTIFF PRO SE, GARDENIA C. HUNG, IN THIS LEGAL SETTLEMENT ACTION.
b. ELECTRICAL MALFUNCTION. 0N NOVEMBER 11, 2004, THE ELECTRICAL BATTERY IN THE 2003 DERBI BOULEVARD 150CC STOPPED WORKING, DUE TO FRAYED ELECTRICAL WIRES, AND A POWER LEAK DUE TO A CRACKED HOLE AT THE BOTTOM OF THE BATTERY PLATE AND COMPARTMENT UNDER THE SEAT. FURTHERMORE, THE ELECTRICAL FUSES WERE CHANGED AND REPLACED BY THE DEFENDANTS, THAT IS TO SAY JON JON, MECHANIC. AS PROOF, THERE ARE STRIPPED NUT BOLTS SECURING THE BATTERY, DUE TO OVERDRILLING WITH A POWER DRILL USED BY JON JON, DEFENDANTS AT CHAMPION CYCLE CENTER INC. IN CHICAGO. IN ADDITION, THERE IS THE OMISSION OF THE BATTERY PLATE WITH A CRACKED HOLE, WHICH HAS BEEN REMOVED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO DURING 2004, 2005, AND 2006. THE REMOVAL OF THE 2003 DERBI BATTERY PLATE HAS CAUSED WEATHER EXPOSURE AND ENERGY LEAKAGE TO RUST AND PERMANENTLY RUIN THE ELECTRICAL WIRING, BATTERY POSTS, AND 2003 DERBI BOULEVARD 150CC OPERATING SYSTEM.
C. FUNCTIONAL DISREPAIR OF THE 2003 DERBI BOULEVARD 150CC CAUSED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO HAS RENDERED THIS MOTORCYCLE INOPERABLE UNDER THE 625 ILCS 5/1-100 ET SEQ. ILLINOIS VEHICLE CODE. ESSENTIAL PARTS. TO DATE, THIS MOTORCYCLE DOES NOT HAVE THE REQUIRED LEGAL FOOT BRAKE. IT IS STILL MISSING (2) BRAKE PADS WHICH HAVE SLID AND SHIRRED OFF THE DISC DRUM BRAKES. THE 2003 DERBI BOULEVARD 150 NOW HAS A RUSTED BATTERY, WITHOUT A BATTERY PLATE, DAMAGED BATTERY POSTS, FRAYED ELECTRICAL WIRES WITHOUT POWER THROUGHOUT THE MOTORCYCLE TO START THE IGNITION SYSTEM. THE 2003 DERBI BOULEVARD 150CC DOES NOT START OR RUN AS A MOTORCYCLE.
II. CONTENTION OF THE PARTIES
Plaintiff PRO SE claims MECHANICAL, ELECTRICAL, AND FUNCTIONAL damages and losses to the brand new motorcycle Derbi Boulevard 150 and Yamaha Zuma, purchased from Champion Cycle Center, Inc. and sales agent, Julio Aquino, on May 29, 2003, and June 11, 2003. Within (1) one year of purchase, from 2003 through to 2004, the same motorcycle has been extensively damaged mechanically, electrically, and functionally during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for emission exhaust and welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, derbi red power, boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal action.
plaintiff pro se CONTENDS THAT DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO ARE LIABLE FOR CONSUMER SERVICE FRAUD, BREACH OF THE DERBI MANUFACTURER’S WARRANTY CONTRACT, AND PRODUCT LIABILITY FOR THE 2003 DERBI BOULEVARD 150 CC, WHICH DEFENDANTS, THAT IS TO SAY, MICHAEL WOLFE, MANAGER, ALSO DOCUMENT AS A PRODUCT DISCREPANCY, LISTING THE SAME MOTORCYLE AS A 2002 DERBI BOULEVARD, OR A MODEL ATLANTIS FOR SERVICE PARTS, IN THE SERVICE REPAIR ORDERS FROM CHAMPION CYCLE CENTER, INC. AS NOTED IN EXHIBITS A AND B.
CASE IN POINT, Plaintiff PRO SE’S chronology for discovery leading to damages and losses involving the derbi boulevard 150 during the course of service in 2003, 2004, 2005, and 2006, based on service work orders by champion cycle center, inc. chicago.
1. May 29, 2003.- Brand new purchase of motorcycle Yamaha Zuma with a Foot Starter Crank from Salesperson, Julio Aquino, on-site.
2. June 11, 2003.- Brand new purchase of motorcycle Derbi Boulevard 150 from Salesperson Julio Aquino, with Derbi Warranty Service, without a foot brake. Returned in exchange Yamaha Zuma.
3. June 30, 2003.- For Derbi Boulevard 150, Oil and Filter Change/Inspection.
4. August 27, 2003.- For Derbi Boulevard 150, Electrical System is Out. No Power.*
5. October 5, 2003.- For Derbi Boulevard 150, Reconnect Speedo, Oil Change, Check
Over Bike.
6. October 17, 2003.- Derbi Boulevard 150, Does Not Start. (Electrical)*
7. October 30, 2003.- Replace Front Turning Signals.
8. November 8, 2003.- Front Headlight Does Not Work. Turns Off on the Road at Night While Driving on the Highway. No Front Headlight.*
9. April 3, 2004.- For Derbi Boulevard 150, Exhaust Bolts Break Off.* Temporary Repair by Jon Jon.
10. April 23, 2004.-“Customer is Informed Vehicle is Not Safe to Drive. Exhaust is Loose and Will Assume Responsibility. Loose Nut Bolt.Exhaust Bolt Broke Off. Mechanic Jon Jon overdrilled nut bolt hole and added a larger nut bolt temporarily. (Not Repaired Fully Under Derbi Warranty Service because the motorcycle had to be sent off-site for extensive repair)*
11. June 11, 2004.- Derbi Warranty Expired.
12. August 6, 2004.- Tune Up/Oil Change Service on-site.
13. September 23, 2004.- Check Headlight. Off. Open Seat. Brakes.
14. October 12, 3004.- Replace Front Brakes, Oil Change, Glue Front Right Signal Light.*
15. November 11, 2004.- Warranty – Exhaust – Screw on Battery. Underseat Plastic.
16. 2005.- Derbi Boulevard 150 Battery is Rusted along the Posts and All Electrical Wires. No Repair Done by Champion Cycle Center, Inc. Chicago. No Notice to Plaintiff by Telephone, Mail or in any way.
17. April 4, 2006.-Plaintiff’s Inspection notes Missing Battery Compartment Underseat Plate has been Removed at the Bottom. On-site Defendants Have Broken Right Turning Signal Light. No Repair Done At All since November 2004. Weather Exposure Outside Has Rusted Battery, Posts & Wires. Derbi Boulevard 150 Motorcycle Does Not Start. It is Inoperable. José Rivera Refuses to Repair this Motorcycle again, though Defendants have Broken the Right Turning Signal Light, On-Site at Champion Cycle Center, Inc. Chicago.
April 11, 2006.- José Rivera Telephoned Plaintiff to Start Charging Storage Fees On-Site for Derbi Boulevard 150, Though Defendants Have Not Repaired the Same as Requested during November 2004.
DEFENDANTS AT CHAMPION CYCLE CENTER, INC. ET AL., IN CHICAGO, REPRESENTED BY COUNSEL ROBERT A. GORNIK, ESQ., CONTEND AND DENY ANY LIABILITY OR FACTS OF EVIDENCE PRESENTED AND SUBMITTED BY PLAINTIFF PRO SE, GARDENIA C. HUNG, A CONSUMER AND MOTORCYLE USER IN CHICAGO, ILLINOIS.
PLAINTIFF PRO SE’S HAS SUBMITTED THE MOTION TO CLOSE DISCOVERY AS FACTS OF EVIDENCE FOR MECHANICAL, ELECTRICAL, AND FUNCTIONAL DAMAGES AND LOSSES TO THE 2003 DERBI BOULEVARD 150CC MOTORCYCLE CAUSED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, DURING 2003, 2004, 2005, 2006, INCLUSIVE, FOR THIS LEGAL SETTLEMENT ACTION IN EXCESS OF $15,000, BASED ON CONSUMER SERVICE FRAUD, BREACH OF SERVICE WARRANTY CONTRACT, AND PRODUCT LIABILITY.
FOR THE RECORD, PLAINTIFF PRO SE HAS OFFERED AND PRESENTED THE LIST OF EXHIBITS A, A-1, B, C, C-1, D, E, F, G, H, I, AND J FOR DISCOVERY CLOSURE, FILED AS FACTS OF EVIDENCE FOR MOTORCYCLE EXPENSES AGAINST THE CLAIM BY THE COUNSEL FOR THE DEFENDANTS, CHAMPION CYCLE CENTER, INC., IN THE SUMMARY PLEADING FOR SETTLEMENT IN EXCESS OF $15,000 AS FOLLOWS:
1. EXHIBIT A-1.- 2003 DERBI WARRANTY IDENTIFICATION CARD signed by Owner Plaintiff Gardenia C. Hung from CHAMPION CYCLE CENTER, INC., BUSINESS CARD from Julio Aquino, Salesperson, DERBI NEWSPAPER ADVERTISING FROM THE READER, CHICAGO, COOK COUNTY, ILLINOIS, U.S.A. Certified and Notarized on August 28, 2006.
2. EXHIBITS A.- (2) BILLS OF SALE PURCHASE CONTRACTS FROM CHAMPION CYCLE CENTER, INC. FOR MAY 29, 2003, AND JUNE 11, 2003, DERBI CONDITIONAL BILL OF SALE CONTRACT FOR MOTORCYCLE 2003 DERBI BOULEVARD 150, DARK BLUE, VIN# VTHBL3AA63G199695, STOCK NO. 28991, CASH PRICE $4,225US WITH SALES TAX INCLUDED, CASH ON DELIVERY $3,155, TRADE-IN YAHAMA $1,100; YAMAHA CONDITIONAL BILL OF SALE, CASH PRICE $2,130US; DERBI WARRANTY CONTRACT IDENTIFICATION CARD WITH OWNER SIGNATURE FOR GARDENIA C. HUNG, DELIVERY DATE ON JUNE 11, 2003, VIN# VTHBL3AA63G199695; ILLINOIS STATE MOTORCYCLE REGISTRATION LICENSE, CHAMPION CYCLE SERVICE REPAIR CASH PAYMENT RECEIPTS, SERVICE WORK ORDERS, TOWING SERVICE RECEIPTS FROM AAA CHICAGO MOTOR CLUB, CASH RECEIPTS FOR EXPENSES, REPAIR, OPERATION OF MOTORCYCLE TO REPAIR.
Plaintiff PRO SE’S chronology for discovery leading to damages and losses involving the derbi boulevard 150 during the course of service in 2003, 2004, 2005, and 2006, based on service work orders by champion cycle center, inc. chicago.
1. May 29, 2003.- Brand new purchase of motorcycle Yamaha Zuma with a Foot Starter Crank from Salesperson, Julio Aquino, on-site.
2. June 11, 2003.- Brand new purchase of motorcycle Derbi Boulevard 150 from Salesperson Julio Aquino, with Derbi Warranty Service, without a foot brake. Returned in exchange Yamaha Zuma.
3. June 30, 2003.- For Derbi Boulevard 150, Oil and Filter Change/Inspection.
4. August 27, 2003.- For Derbi Boulevard 150, Electrical System is Out. No Power.*
5. October 5, 2003.- For Derbi Boulevard 150, Reconnect Speedo, Oil Change, Check
Over Bike.
6. October 17, 2003.- Derbi Boulevard 150, Does Not Start. (Electrical)*
7. October 30, 2003.- Replace Front Turning Signals.
8. November 8, 2003.- Front Headlight Does Not Work. Turns Off on the Road at Night While Driving on the Highway. No Front Headlight.*
9. April 3, 2004.- For Derbi Boulevard 150, Exhaust Bolts Break Off.* Temporary Repair by Jon Jon.
10. April 23, 2004.-“Customer is Informed Vehicle is Not Safe to Drive. Exhaust is Loose and Will Assume Responsibility. Loose Nut Bolt.Exhaust Bolt Broke Off. Mechanic Jon Jon overdrilled nut bolt hole and added a larger nut bolt temporarily. (Not Repaired Fully Under Derbi Warranty Service because the motorcycle had to be sent off-site for extensive repair)*
11. June 11, 2004.- Derbi Warranty Expired.
12. August 6, 2004.- Tune Up/Oil Change Service on-site.
13. September 23, 2004.- Check Headlight. Off. Open Seat. Brakes.
14. October 12, 3004.- Replace Front Brakes, Oil Change, Glue Front Right Signal Light.*
15. November 11, 2004.- Warranty – Exhaust – Screw on Battery. Underseat Plastic.
16. 2005.- Derbi Boulevard 150 Battery is Rusted along the Posts and All Electrical Wires. No Repair Done by Champion Cycle Center, Inc. Chicago. No Notice to Plaintiff by Telephone, Mail or in any way.
17. April 4, 2006.-Plaintiff’s Inspection notes Missing Battery Compartment Underseat Plate has been Removed at the Bottom. On-site Defendants Have Broken Right Turning Signal Light. No Repair Done At All since November 2004. Weather Exposure Outside Has Rusted Battery, Posts & Wires. Derbi Boulevard 150 Motorcycle Does Not Start. It is Inoperable. José Rivera Refuses to Repair this Motorcycle again, though Defendants have Broken the Right Turning Signal Light, On-Site at Champion Cycle Center, Inc. Chicago.
April 11, 2006.- José Rivera Telephoned Plaintiff to Start Charging Storage Fees On-Site for Derbi Boulevard 150, Though Defendants Have Not Repaired the Same as Requested during November 2004.
3. EXHIBIT B.- PLAINTIFF’S CORRESPONDENCE REPORTING TO CHAMPION CYCLE CENTER ABOUT NEGLIGENCE AND FAULTY SERVICE, CARELESSNESS, FALSE PROMISE OF SERVICE REPAIR, OMISSION AND CONCEALMENT OF DAMAGES, MISSING PARTS, DAMAGE TO ELECTRICAL WIRING SYSTEM ON MOTORCYCLE DERBI BOULEVARD 150CC.
4. EXHIBIT C.- CITY OF CHICAGO DEPARTMENT OF ADMINISTRATIVE HEARINGS DOCKET NO.06CS003095, ON BEHALF OF THE CITY OF CHICAGO DEPARTMENT OF CONSUMER SERVICES IN 2006 FOR CONVICTIONS IN THE AMOUNT OF $525 FOR (1) VIOLATION OF PROHIBITED ACTS/ENFORCEMENT WITH A FINE OF $250; (2) PROPER DISPOSAL OF UNREPAIRABLE OR UNCLAIMED VEHICLE PARTS WITH A FINE OF $250; (3) PROHIBITED ACTS VIOLATION/ENFORCEMENT WITH RESTITUTION. ADMINISTRATIVES FINE OF $25
5. EXHIBIT C-1.-CITY OF CHICAGO VIOLATIONS AND CONVICTIONS AGAINST DEFENDANTS, CHAMPION CYCLE CENTER, INC. ET AL. IN EXCESS OF $2,700, DUE TO CONSUMER SERVICE FRAUD, CONVICTIONS AND FINES.
6. EXHIBIT D.- COPY OF AAA CHICAGO MOTOR CLUB MEMBERSHIP DUES IN THE AMOUNT OF $95 PAID BY PLAINTIFF, GARDENIA C. HUNG ON MAY 29, 2003.
7. EXHIBIT E.- COPY OF THE VILLAGE OF LOMBARD APPLICATION FOR 2003-2004, AND VILLAGE STICKER APPLICATION BY PLAINTIFF, GARDENIA C. HUNG, PAID $12,00.
8. EXHIBIT F.- COPY OF MOTORCYCLE INSURANCE POLICY UNDERWRITTEN BY FOREMOST INSURANCE AND MICHAEL D. HILL, AGENT FOR CHICAGO AAA MOTOR CLUB INSURANCE AGENCY INC., PAID FOR INSURANCE PREMIUM COVERAGE IN THE AMOUNT OF $1,333.
9. EXHIBIT G.-LOMBARD AND CHICAGO GASOLINE RECEIPTS FOR MOTORCYCLE DERBI BOULEVARD 150 OWNED BY PLAINTIFF, AS EVIDENCE OF EXPENSES PAID TO DATE.
10. EXHIBIT H.- THE SUM OF $4,204.01, OTHER COMPENSIBLE EXPENSES FOR PLAINTIFF PRO SE’S TIME BILLED AT $100/HOUR FOR LEGAL COURT APPEARANCES, FILINGS, MAILINGS, WORDPROCESSING, LEGAL RESEARCH PREPARATION FOR ARBITRATION, DEVELOPMENT, LEGAL WRITING, PHOTOCOPYING, OFFICE SUPPLIES, U.S. MAILING, LEGAL RESOURCES,
11. EXHIBIT I.- THE SUM OF $16,071.35, FOR PRO SE PLAINTIFF’S PAID EXPENSES FOR CLAIM OFFERED AS DISCOVERY CLOSURE PURSUANT TO SUPREME COURT RULE 90(C) PENDING MANDATORY ARBITRATION ORDER ON NOVEMBER 3, 2006 BY JUDGE MICHAEL T. HEALY.
12. EXHIBIT J.- THE SUM OF $1,082.86, FOR DECEMBER 2006 PAID CASH EXPENSES FOR LEGAL RESEARCH, LEGAL WRITING, COURT FILINGS, U.S. MAIL POSTAGE, LEGAL RESOURCES TEXTBOOK PURCHASE, COURT APPEARANCES, PUBLIC TRANSPORTATION TO AND FROM CHICAGO, BY PLAINTIFF PRO SE, GARDENIA C. HUNG, M.A.
II. STATEMENT OF THE CONSUMER SERVICE PROTECTION LAW IN THE CITY OF CHICAGO, THE STATE OF ILLINOIS, AND THE CONSTITUTION OF THE UNITED STATES OF AMERICA: DOCTRINE OF NEGLIGENCE PER SE
PURSUANT TO CONSUMER SERVICE FRAUD, BREACH OF SERVICE CONTRACT, PRODUCT LIABILITY, COMMON LAW ESTOPPEL AND FRAUD, OBSTRUCTION OF JUSTICE, NON-RESPONSE TO SERVICE FRAUD, NO LEGAL SIGNATURES OR CERTIFICATIONS ON AFFIDAVITS, AND SUBSEQUENT TO THE FOLLOWING U.S. LAWS:
· 815 ILCS 380. NEW VEHICLE BUYER PROTECTION ACT
· 815 ILCS 380/3. FAILURE OF VEHICLE TO CONFORM; REMEDIES; PRESUMPTIONS (A) IF AFTER A REASONABLE NUMBER OF ATTEMPTS THE SELLER IS UNABLE TO CONFORM THE NEW VEHICLE TO ANY OF ITS APPLICABLE EXPRESS WARRANTIES, THE MANUFACTURER SHALL EITHER PROVIDE THE CONSUMER WITH A NEW VEHICLE OF LIKE MODEL LINE, IF AVAILABLE OR OTHERWISE A COMPARABLE MOTOR VEHICLE AS A REPLACEMENT, OR ACCEPT THE RETURN OF THE VEHICLE FROM THE CONSUMER AND REFUND THE CONSUMER THE FULL PURCHASE PRICE OR LEASE COST OF THE NEW VEHICLE, INCLUDING ALL COLLATERAL CHARGES, LESS A REASONABLE ALLOWANCE FOR CONSUMER USE OF THE VEHICLE.
· 625 ILCS 5/1-100 ET SEQ. ILLINOIS VEHICLE CODE. ESSENTIAL PARTS. ALL INTEGRAL PARTS OF A VEHICLE OF A TYPE REQUIRED TO BE REGISTERED HEREUNDER, THE REMOVAL, ALTERATION, OR SUBSTITUTION OF WHICH WOULD TEND TO CONCEAL THE IDENTITY OF THE VEHICLE OR SUBSTANTIALLY ALTER ITS APPEARANCE, MODEL, TYPE OR MODE OF OPERATION. “ESSENTIAL PARTS” INCLUDES THE FOLLOWING: VEHICLE HULKS, SHELLS, CHASSIS, FRAMES, FRONT END ASSEMBLIES (WHICH MAY CONSIST OF HEADLIGHT, GRILL, FENDERS, AND HOOD), FRONT CLIP (FRONT END ASSSEMBLY WITH COWL ATTACHED), REAR CLIP (WHICH MAY CONSIST OF QUARTER PANELS, FENDERS, FLOOR AND TOP), DOORS, HATCHBACKS, FENDERS, CABS, CAB CLIPS, COWLS, HOODS, TRUNK LIDS, DECK LIDS, T-TOPS, SUNROOFS, MOON ROOFS, ASTRO ROOFS, TRANSMISSIONS OF VEHICLES OF THE SECOND DIVISION, SEATS, ALUMINUM WHEELS, ENGINES, AND SIMILAR PARTS.
· 625 ILCS 5/12-301. BRAKES. (a) BRAKE EQUIPMENT REQUIRED. 1. EVERY MOTOR VEHICLE, OTHER THAN A MOTOR-DRIVEN CYCLE AND AN ANTIQUE VEHICLE DISPLAYING AN ANTIQUE PLATE, WHEN OPERATED UPON A HIGHWAY SHALL BE EQUIPPED WITH BRAKES ADEQUATE TO CONTROL THE MOVEMENT OF AND TO STOP AND HOLD SUCH A VEHICLE, INCLUDING 2 SEPARATE MEANS OF APPLYING THE BRAKES, EACH OF WHICH MEANS SHALL BE EFFECTIVE TO APPLY THE BRAKES TO AT LEAST ONE WHEEL ON A MOTORCYLE AND AT LEAST 2 WHEELS ON ALL OTHER FIRST DIVISION AND SECOND DIVISION VEHICLES. IF THESE 2 SEPARATE MEANS OF APPLYING THE BRAKES ARE CONNECTED IN ANY WAY, THEY SHALL BE SO CONSTRUCTED THAT THE FAILURE OF ANY PART OF THE OPERATING MECHANISM SHALL NOT LEAVE THE MOTOR WITHOUT BRAKES.
· 733 ILCS 5/1-109. SIGNATURES FOR VERIFICATION OF CERTIFICATION AS REQUIRED BY LAW ON ALL AFFIDAVITS IN THE STATE OF ILLINOIS AND COOK COUNTY FOR VALIDITY AND WEIGHT AS EVIDENCE TO BE SUBMITTED IN THIS COURT OF LAW
· 815 ILCS 505/1 ET SEQ. CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT (CFDBPA). 815 ILCS 505/2. PROHIBITED PRACTICES. 815 ILCS 510/1 ET SEQ. UNIFORM DECEPTIVE TRADE PRACTICES ACT (UDTPA)
· FEDERAL TRADE COMMISSION ACT (FTC), 15 USC § 45 ET SEQ. AND 16 CFR
· COMMON LAW FRAUD
· COMMON LAW ESTOPPEL
· DOCTRINE OF RES IPSA LOQUITUR
· DOCTRINE OF NEGLIGENCE PER SE
· THE CONSTITUTION OF THE UNITED STATES OF AMERICA, FIRST SECTION, FOURTEENTH AMENDMENT, FIFTH AND SIX AMENDMENTS
· THE CONSTITUTION OF THE STATE OF ILLINOIS. ARTICLE I. THE BILL OF RIGHTS
· THE CITY OF CHICAGO MUNICIPAL CODE OF ORDINANCES FOR CONSUMER PROTECTION
· FAIR CREDIT BILLING ACT
· THE MAGNUSON-MOSS WARRANTY FEDERAL TRADE COMMISSION ACT (FTC) (15 U.S.C. §2302)
· THE FREEDOM OF INFORMATION ACT (FOIA) 5 U.S.C. § 552, AS AMENDED BY PUBLIC LAW NO. 104-231, 1100 STAT. 3048, WHICH ALLOWS CONSUMERS TO ACCESS INFORMATION ABOUT BUSINESS VIOLATIONS IN CHICAGO FOR CHAMPION CYCLE CENTER, INC. ET AL. AS A TRADE AND COMMERCE ENTITY.
· COMMON LAW FRAUD
· COMMON LAW ESTOPPEL
· 815 ILCS 306/5/10/15/30/40/50/55/60/80, AUTOMOTIVE REPAIR ACT
· THE ILLINOIS EQUAL JUSTICE ACT. 30 ILCS 765/1 ET. SEQ. THE ACT RECOGNIZES THAT EQUAL ACCESS TO OUR LEGAL SYSTEM IS A BASIC RIGHT FOR ALL ILLINOIS RESIDENTS, REGARDLESS OF THEIR INCOME. THE ACT PROMOTES A RANGE OF INNOVATIVE, COST-EFFECTIVE STRATEGIES FOR MEETING THE CIVIL LEGAL NEEDS OF ALL ILLINOIS RESIDENTS. THE ACT ALSO CREATED THE ILLINOIS EQUAL JUSTICE FOUNDATION TO DISTRIBUTE FUNDING APPROPRIATED BY THE STATE OF ILLINOIS TO SUPPORT LEGAL AID PROGRAMS.
· FAIR CREDIT BILLING ACT
PLAINTIFF PRO SE MOTIONS FOR DISCOVERY CLOSURE WHICH INCLUDES A SUMMARY LIST OF EXHIBITS A, B, C, C-1, D, E, F, G, H, I, AND J, SUBMITTED AND FILED BEFORE THIS CIRCUIT COURT AS FACTS OF EVIDENCE TO SUPPORT THE PLAINTIFF’S LEGAL CLAIM FOR EXPENSES PAID AGAINST THE CLAIM PRESENTED BY ROBERT A. GORNIK, THE COUNSEL FOR THE DEFENDANTS IN THIS ACTION, PENDING COURT APPEARANCE FOR DISCOVERY CLOSURE BEFORE JUDGE MICHAEL T. HEALY, IN ROOM 1501, ON DECEMBER 29, 2006, 9PM.
WHEREFORE PLAINTIFF PRO SE PRAYS FOR JUSTICE AND JUDGEMENT AGAINST THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. DUE TO CONSUMER SERVICE FRAUD, BREACH OF SERVICE WARRANTY CONTRACT, AND PRODUCT LIABILITY, AS FOLLOWS FOR:
(1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35, AS NOTED IN EXHIBIT I, IN CONFORMITY TO PROOF;
(2) OTHER COMPENSIBLE COURT LEGAL EXPENSES PAID AS CASH WITH RECEIPTS IN THE SUM OF $4,204.01, EXHIBIT H, IN COMFORMITY TO PROOF.
(3) AND PLAINTIFF PRO SE ALSO PRAYS FOR SUCH OTHER ADDITIONAL LEGAL COURT COSTS IN THE SUM OF $1,082 FOR DECEMBER 2006, NOTED IN EXHIBIT J, IN CONFORMITY TO PROOF, AND FOR FURTHER REMEDY AND RELIEF AS THE COURT DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS SETTLEMENT ACTION FOR THE TOTAL SUM OF $21,358.22, FOR CASH EXPENSES INCURRED DURING THE COURSE OF LEGAL SETTLEMENT ACTION AND CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150CC IN 2003, 2004, 2005, 2006.
Respectfully Submitted and Dated on December 22nd, 2006,
Gardenia C. Hung, M.A.
502 S. Westmore Avenue
Lombard, IL 60148-3028
Attorney Pro Se No. 99500
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this
instrument are true and correct, to the best of my ability, so help me God.
Date: December 22nd, 2006 Signature:______________________________________________
Gardenia C. Hung, M.A.
Cook County, State of Illinois, United States of America


PROOF OF SERVICE
I, the undersigned, do hereby state on oath that I served the foregoing documents for Discovery Closure in this legal settlement action upon Robert A. Gornik, Esq., Favil David Berns & Associates, Attorneys for the Defendants, 30 East North Avenue, Northlake, Illinois 60164 and filed the same in the Circuit Court of Cook County, Illinois, Municipal Department, First District, in the State of Illinois, and forwarded the same via U.S. Mail and in person by placing the same in the U.S. Mail at the Chicago Post Office, in Cook County, Illinois on the 22nd day of December 2006.

Gardenia C. Hung, M.A., Pro Se
_______________________________ 502 S. Westmore Avenue
Lombard, Illinois 60148-3028 USA
Email: file:///C:/Documents%20and%20Settings/Net/Local%20Settings/Temporary%20Internet%20Files/Content.IE5/4HZZKNO1/gardenia359@hotmail.com

III. STATEMENT OF THE LAW IN THE CITY OF CHICAGO, THE STATE OF ILLINOIS, AND UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA
INTRODUCTION
Under the Constitution of the United States, First Section, Fourteenth Amendment and under God, Plaintiff Pro Se, Gardenia C. Hung is granted equal protection under the laws of the United States of America given that “no state shall deny any person within its jurisdiction the equal protection of the laws of the land.” In addition, the Fifth Amendment “guarantees the individual’s right not to be deprived of life, liberty and property without due process of law” in combination with the Fourteenth Amendment which “guarantees equal protection under the Supreme Law of the land.” Subsequently, the Sixth Amendment assures everyone “the right to a speedy and public trial, by an impartial jury…”
Equally, the Constitution of the State of Illinois and the Bill of Rights, under God, guarantee women equal protection of the laws and due process, Article 1, Section 2. Pursuant to Section 12, the Constitution of the State of Illinois guarantees the right to remedy and justice wherein “every person shall find a certain remedy in the laws for all injuries and wrongs received to the individual, privacy, property or reputation. The individual shall obtain justice by law, freely, completely, and promptly.” Furthermore, Section 23, states the Fundamental Principles as follow: “A frequent recurrence to the fundamental principles of civil government is necessary to preserve the blessings of liberty.”
In addition, the City of Chicago, under Mayor Richard M. Daley, has enforced Municipal Code of Ordinances regulating Consumer Protection Services in Chicago, Cook County, Illinois, in this legal action against the Defendants, Champion Cycle Center, Inc., et al., as known by Counsel Robert A. Gornik and on court records in this Circuit Court of Cook County, Illinois, U.S.A.
On April 3, 2006, this legal consumer service complaint was heard before the City of Chicago Department of Administrative Hearings for Chicago Consumer Service convictions, fines, and penalties in the amount of $525 against Defendants at Champion Cycle Center, Inc., having considered the motions, evidence, and arguments presented by the Chicago Public Vehicle Inspector, Mr. Anthony Irvin, from the Consumer Protection Division, Motor Vehicle Unit, and from the Legal Officers, Mr. Stuart Alpern, Attorney, and Mr. Peter Yeung, Attorney, as well as from Ms. Rosemary Krimbel, Supervisor, before the presiding judge, Carol J. Chavez, Administrative Law Officer, who ordered the Defendants, José Rivera, Service Manager, and Mayra Harmon, paralegal from the Law Office of Favil, David Bern & Associates, LLC., to comply with the City of Chicago Ordinances and Violations noted during 2005 and 2006, in favor of the Plaintiff Pro Se, Gardenia C. Hung, as noted in Exhibit C.
Furthermore, on August 5, 2002, the City of Chicago prosecuted convictions against the Defendants at Champion Cycle Center, Inc. with fines and penalties in the sum of $2,700, as noted in Exhibit C-1.
Let it be known that the City of Chicago Department of Consumer Services (DCS), supported by the Mayor of Chicago, Richard M. Daley, continues to protect the public from Consumer Service Fraud and Deception due to Unfair Business Practices in 2005, as noted in the feature article from Chicago Headlines, in the City of Chicago Website, egov.cityofchicago.org/city/webportal—Courtesy Copy provided by Shirley A. Harris, pursuant to the Freedom of Information Act, 5 U.S.C. §552, as Amended by Public Law No. 104-231, 110 Stat. 3048.
Chicago DCS has joined with the Federal Trade Commission to prevent service and credit fraud for unfair business practices against Chicago consumers in Illinois.
For instance, “purchasing and repairing motor vehicles is a constant source of consumer frustration. In addition, to consumer complaints, DCS cited 68 motor vehicle repair shops for violations during a two-month investigation into deceptive and unlawful acts, including gross negligence, incomplete work that resulted in dangerous vehicles and not meeting trade standards for good and workmanlike repairs”.
DCS also cited 45 used car dealerships in Chicago for violations during an investigation targeting prohibited practices, such as not posting buyer’s guides, not completing service contracts in two languages, not posting prices on vehicles, obstructing the public way and interfering with investigators.
We are aware that U.S. Constitutional laws preserve and protect the rights of individuals, women, and minorities as consumers against the arbitrary actions and prohibited abuses of those who overlook lawful business practices for service repair maintenance of motor vehicles to include motorcycles in Chicago, case in point, Champion Cycle Center, Inc. in Chicago, the Defendants in this legal action.
For the record, Plaintiff Pro Se, Gardenia C. Hung, Asian American, age 48, is a citizen of the United States of America and a legal resident of the State of Illinois, as well as a frequent and known Chicago consumer. As such, PRO SE Plaintiff also has basic, inalienable rights defined by U.S. Constitutional laws and the Amendments thereof—these are fundamental rights to be protected and enforced before the Circuit Court of Cook County, First Municipal District, in the State of Illinois, U.S.A.
The Constitution of the United States, by law and under God, guarantees PRO SE Plaintiff, Gardenia C. Hung, the same U.S. Constitutional rights as a woman, as a minority, as a U.S. citizen and as a Chicago motorcycle consumer, beyond reasonable doubt, as other consumers in the United States of America. Moreover, as a U.S. consumer, PRO SE Plaintiff has protected rights wherein the manufacturer or dealer in this Champion Cycle Center, Inc. in Chicago, “must repair a product that is defective, and if repeated repairs fail to fix it, the Plaintiff as a consumer must get a refund or a free replacement by law”.
Under the Fair Credit Billing Act, Defendants at Champion Cycle Center, Inc. in Chicago, Jon Jon did not complete and/or perform service repair act during 2004, 2005, and 2006, while over billing Plaintiff in excess for Derbi motorcycle service involving brake work replacement as noted, without completing the service work repair order, and leaving the service shop premises early afternoon during 2004—as witnessed by Plaintiff, Service Mechanic Emmanuel, and others on-site at 3625 North Western Avenue, Chicago, Illinois 60618, Telephone (773) 528-6500.
Given the preponderance of evidence and court facts already filed, reviewed, and on record, Defendants are technically faulty and liable for intentional negligence, as the Courts say, “res ipsa loquitur,” Champion Cycle Center’s act of service fraud speaks for itself. As noted, the doctrine of “res ipsa loquitur” may also be invoked where service repair damage is caused by the mechanical breakdown of a motorcycle vehicle, case in point, the 2003 Derbi Boulevard 150, that is under the ownership and control of the aggrieved party, Gardenia C. Hung, with 2003 Title Purchase and Service Contract field, and State of Illinois registration, for extensive damages and losses in the amount of $15,000.
I. PRO SE PLAINTIFF’S OBJECTION TO DEFENDANT’S ATTORNEY §2-615 MOTION TO STRIKE
Now comes PRO SE Plaintiff, Gardenia C. Hung, Pro Se, and Pursuant to 815 ILCS 505/1 et seq. Consumer Fraud and Deceptive Business Practices Act and 815 ILCS 505/2 Prohibited Practices, to object to the Defendant(s) Attorney Motion to Strike and Dismiss this meritorious case since the law prohibits consumer service fraud and deceptive business practices “in the conduct of any trade or commerce” as performed by Champion Cycle Center, Inc. in Chicago.
This meritorious case begs to be heard based upon the preponderance of evidence against the Defendants on record. In addition, Defendants and Counsel Robert A. Gornik are liable for Consumer Fraud and Estoppel under Common Law in this legal action, which sustains the veracity of court records and the preponderance of evidence already submitted by Plaintiff and accrued during 2003, 2004, 2005, and 2006, on file in other courts, districts, and venues in Chicago, Illinois, U.S.A.
PRO SE Plaintiff prays in this legal claim for the relief to which she supposes to be entitled for restitution in the amount of $15,000 to include court costs, expenses, and any other miscellaneous, extraneous charges in this case. And the Plaintiff prays for such other relief as the nature of this case may require, and as may be agreeable to equity and good conscience due to hardship and the consequences of the damages and losses inflicted to family and professional life.
1. Plaintiff claims damages and losses to the motorcycle Derbi Boulevard 150 and Yamaha Zuma, purchased from Champion Cycle Center, Inc. and sales agent, Julio Aquino, on May 29, 2003, and June 11, 2003. The motorcycle has been extensively damaged during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon due to carelessness, negligence, and failure to provide mechanical service as promised and discussed.
2. This legal complaint must be considered on meritorious grounds, since the Defendant(s) are seriously at fault as follows:
a. Claim for negligence by the Defendants’ service mechanic Jon Jon and supervisor José Rivera whose carelessness and failure to service repair the vehicle have caused additional and permanent damage to the motorcycle Derbi Boulevard 150 from 2004 to the present, 2006, within the year of the purchase and during the course of (2.5) two and half years of service at Champion Cycle Center Inc. in Chicago.
b. By law, the Defendants owed legal duty of service and mechanical repair as stipulated and promised on November 2004 by work order taken on site at Defendants’ premises.
c. There has been a breach of service contract duty since the Defendants have been performing erratically and unreasonably since May 2004 as shown in the letter correspondence, Exhibit B.
d. The Defendants’ carelessness and negligence severely damaged the motorcycle Derbi Boulevard 150 permanently beyond reasonable doubt as the motorcycle is still on-site, at their premises.
e. Plaintiff has suffered economic losses, extensive damages to the motorcycle(s) and consequences of hardship which repercuted on family tragedy and professional life.
f. The Defendants’ have breached the Derbi Boulevard 150 Service Contract by failing to fulfill the service repair agreement as requested by Plaintiff since May 2004 under Warranty approved by Derbi. The Defendants have legally violated established terms of business service repair practices for the Derbi Boulevard 150 motorcycle. From June 2003 through November 2004, Plaintiff complied with cash payment upon delivery for service and repair under Champion Cycle Center work repair order taken by José Rivera and assigned to various mechanics, one of which has been Jon Jon. However, the Defendants have been failing to perform standard Certified Derbi motorcycle service repair and maintenance as required by law. Instead, the Defendants have been deliberately removing parts, such as the battery compartment bottom case, damaging the motorcycle’s electrical wiring system beyond repair, and refusing to provide further repair service after additional permanent damages have been inflicted on the motorcycle since November 2004. Such extensive damages, up to $15,000 have caused Plaintiff actual financial losses and consequences of hardship to family and professional life.
3. Thus, Plaintiff additionally prays for such other and further relief to which this Court and Jury may show herself to be justly entitled to full restitution due to permanent and extensive damages and losses to the motorcycle Derbi Boulevard 150 which also repercute on the Plaintiff’s family tragedy and professional life to include any other extraneous costs, expenses, and fees to date, based upon the preponderance of evidence filed against the Defendants.
4. Pursuant to the Automotive Repair Act, 815 ILCS 306, the Illinois General Assembly, under God, supports “improved communications and accurate representations between automotive repair facilities and their customers…” by law, “and promote fair and non-deceptive practices, thereby enhancing the safety and reliability of motor vehicles serviced by motor vehicle repair facilities in the State of Illinois”. However, the Defendants at Champion Cycle Center, Inc. in Chicago, have failed to observe lawful business practices and transactions involving Plaintiff, Gardenia C. Hung, who has the burden of proof in persuading this Court of the merits of this legal action in the recovery of Service Fraud Damages in the amount of $15,000 for extensive disrepair and losses inflicted upon the 2003 Derbi Boulevard 150 motorcycle, within one year of purchase from 2003-2004, and now the motor vehicle is rendered useless, inoperable, and rusted due to weather exposure on site at the Champion Cycle Center, Inc. facility.
5. This legal complaint is based on a recognized claim by the Plaintiff on the grounds that the Defendants have intentionally damaged the motorcycle Derbi Boulevard 150 during the course of service from 2003, 2004, 2005, and present year in 2006, thus interfering with the economic advantage and personal family tragedy and professional life. The motorcycle Derbi Boulevard 150 has been damaged and rendered inoperable by the Defendants at Champion Cycle Center, Inc. of Chicago who are privileged, while receiving cash payments for the same motorcycle repair maintenance which causes permanent and extensive damages during the course of service to the same motorcycle, currently beyond repair on-site. The Defendant’s actions were done without justification and with malicious intent, beyond reasonable doubt, as evidenced in the motorcycle’s current condition of disrepair and disablement, and the preponderance of evidence submitted against the Defendants. Consequently, Plaintiff begs for a special prayer for the particular relief to which the Plaintiff claims to be entitled.
WHEREFORE, Plaintiff objects to the Defendants’ Attorney’s Contested Motion to Strike and Dismiss this legal complaint beyond reasonable doubt.
II. PRO SE Plaintiff’s Objection to Defendants Motion to Dismiss
Now comes Plaintiff Pro Se, Gardenia C. Hung with objection to the Defendants’ Contested Motion to Dismiss this legal complaint pursuant to 815 ILCS 505/1 et seq. Consumer Fraud and Deceptive Business Practices Act and 815 ILCS 505/2 Prohibited Practices, the Federal Trade Commission Act (FTC) which prohibits unfair and deceptive acts or practices stipulated and performed by the Defendants. FTC Holder in Due Course Rule, 16 CFR 433, preserves consumer’s claims and defenses against subsequent holders and assignees of contracts in connection with any sale or lease of goods or services.
In addition, Common Law Service Fraud is noted in legal action against the Defendants at Champion Cycle Center, Inc. in Chicago due to blatant consumer service abuses and unlawful business service practices as evidenced in the conduct of service trade by Defendants. Obviously, they have been misrepresenting and omitting damages to motorcycle vehicles during the course of service on site.
1. Defendants have damaged the motorcycle Derbi Boulevard 150 purchased by the Plaintiff brand new in 2003, during the course of service during 2004, 2005, and to date, in 2006.
2. Defendants have damaged and removed essential parts, such as the battery compartment plate which has contributed to additional rust, disrepair, and disablement of the motorcycle, beyond reasonable doubt.
3. Defendants have damaged the brake drums and essential brake components which has caused the brake pads to slide off, slip off, and fall off, while shirring upon braking.
4. Defendants have damaged and cracked the motorcycle chassis which is now broken and falling apart as it has been loosened at the screws and securing points.
5. Defendants have broken the right turning signal light through careless and negligent handling of the motorcycle on-site. As a result of faulty, negligent mechanical service provided at Champion Cycle Center, Inc. in Chicago, PRO SE Plantiff’s vehicle has becomes hazardous and inconvenient to drive in Chicago and Illinois highways due to electrical shut-offs, sliding brakes, and sluggish performance, overheating.
6. Technically faulty is the Defendants’ Attorney rhetorical false assumption that “neither of the individual Defendants is a proper party to this matter” given that the Defendants, José Rivera and Jon Jon as employees and mechanical service providers at Champion Cycle Center, Inc. in Chicago, are liable in this claim as the ones who performed the motorcycle service and received cash payment and salary, while at the same time, providing faulty mechanical service which has damaged the motorcycle Derbi Boulevard 150 from May 2004, through the present, in 2006. Defendants fail to comply with the Automotive Service Repair Act, 815 ILCS 306/10, which defines all repairs to motor vehicles must be performed by a certified, qualified motor vehicle technician, i.e. Derbi Certified mechanical technician.
7. Subsequent to 815 ILCS 306/15, Defendants have failed to comply with Disclosures to the Consumer and Plaintiff.
8. Under 815 ILCS 306/30, Defendants failed to perform Motorcycle Service Repair to Exhaust and Motor System under Champion Cycle Center, Inc. service contract and Derbi Warranty, which was authorized but not performed or implemented to date in 2006.
9. Pursuant to 815 ILCS 306/40, Defendants did not complete service repair work noted on Champion Cycle Center Service Work order during November 2004. Plaintiff did not receive any notice or advise for update regarding status of service repair for the 2003 Derbi Boulevard 150 motorcycle, during 2004, 2005, and 2006.
10. According to 815 ILCS 306/50, Defendants did not provide accurate or explicit disclosures to Plaintiff as a U.S. consumer. In addition, Champion Cycle Center Service Manager Jose Rivera added undisclosed storage charges for the 2003 Derbi Boulevard 150 motorcycle, even when Defendants used a location exposed to the weather inclemency outside by the public sidewalk, to keep the Plaintiff’s motorcycle. For the record, extreme cold temperatures and continued weather exposure have rusted and damaged the 2003 Derbi Boulevard 150 at the expense of the Defendants’ carelessness and negligence.
11. Pursuant to 815 ILCS 306/55, Champion Cycle Center, Inc. in Chicago has not honored nor enforced the Purchased Service Contract and the Derbi Warranty for the 2003 Derby Boulevard 150, still inoperable due to No Service Repair Work Performed by the Defendants since November 2004.
12. Subsequent to 815 ILCS 306/80, for Unlawful Acts or Practices, Defendants have been charging Plaintiff as a U.S. Consumer for parts not delivered or installed or a labor operation or repair procedure that has not actually been performed, completed, though stated on Service Repair Work Order at Champion Cycle Center, Inc. in Chicago, Illinois. Furthermore, Defendants caused unnecessary repairs for Electrical Re-wiring done by Jon Jon, within one year of purchase from 2003-2004 on the brand new 2003 Derbi Boulevard 150 motorcycle.
13. In addition, pursuant to 815 ILCS 306/80, Defendants have been misrepresenting the terms of the Derbi warranty, guarantee, or service agreement; as well as failing to honor and comply with the Derbi Warranty during 2003-2004, and to which the Plaintiff’s motorcycle is entitled to have received by service and to which Defendants are bound as a service party, by U.S. Constitutional laws, under God, by the State of Illinois Compiled Statutes, and by the City of Chicago Ordinances for Consumer Protection.
III. PLAINTIFF’S MOTION FOR OBJECTION TO THE ACCEPTANCE AND/OR ADMISSION OF DEFENDANTS’ EXHIBITS A AND C, NOT QUALIFIED, PURSUANT TO 733 ILCS 5/1-109, VERIFICATION BY CERTIFICATION IS REQUIRED BY LAW ON ALL AFFIDAVITS IN THE STATE OF ILLINOIS AND COOK COUNTY FOR VALIDITY AND WEIGHT AS EVIDENCE TO BE SUBMITTED IN A COURT OF LAW
For the record, ROBERT A. GORNIK FOR THE DEFENDANTS, CHAMPION CYCLE CENTER, INC. ET AL. submitted Exhibit A, a copy of the Plaintiff’s First Amended Complaint, and Exhibit C, blank Affidavits for Larry Wolfe, Julio Aquino, and Michael Wolfe which are unsigned, incomplete, and not certified by verification of an Illinois Notary Public.
Plaintiff motions for the Objection to the Acceptance and/or Admission of Exhibit A, the Plaintiff’s First Amended Complaint as evidence because the Plaintiff’s Summary Pleading has already been noted, filed, and submitted for review in this Court of law. For the record, the First Amended Complaint does comply with ultimate facts of Consumer Service Fraud, and Breach of Service Contract, as well as reports technical faults in service repair and maintenance for motorcycles provided by Champion Cycle Center, Inc. in Chicago, which supports this cause of legal action in this matter. Moreover, the Plaintiff’s First Amended Complaint does provide a conclusive Summary Pleading, definite conclusions of law set in the U.S. legal system of laws, and valid conclusions of fact based upon the preponderance of evidence filed and submitted by Plaintiff as Exhibits A, B, and C, beyond a reasonable doubt.
Before this Court of law, the real issues evolve around Consumer Service Fraud, Breach of Service Contract, Common Law Fraud and Estoppel, Perjury, Obstruction of Justice, Non-Disclosure, and the Unethical Law Practices and Unfounded Arguments presented by Counsel Robert A. Gornik for the Defendants, Champion Cycle Center, Inc. et al. in Chicago, Illinois.
In addition, Plaintiff Motions for the Objection to the Acceptance and/or Admission of Exhibit C, (3) blank Affidavits for Larry Wolfe, Julio Aquino, and Michael Wolfe which have not been signed nor validated by the certification of an authorized Illinois Notary Public for the State of Illinois, nor qualified in Cook County. Pursuant to the Illinois Notary Public Act, 312/6-101(a) a “Notarial Act” means any act that a notary public of this State is authorized to perform and includes taking an acknowledgement, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature.
Exhibit C, (3) blank Affidavits, as used and presented by Counsel Robert A. Gornik for the Defendants, is invalid, null and void, unsigned, incomplete and not certified or legally verified for validity by an Illinois Notary Public commissioned by the State of Illinois; subsequent to an opinion filed by Illinois Appellate Court Reports No.2-867-0713, 154 ILL. APP. 3D 54 (1987) which stated that the petition lacked a signed affidavit required by Section 7-1-4 of the Illinois Municipal Code (ILL. REV. STAT. 1985, Chapter 24, Paragraph 7-1-4).
Consequently, Plaintiff sustains Objection to the Acceptance and/or Admission of New Exhibits A and C as irrelevant, invalid, null and void, as evidence used by Counsel Robert A. Gornik for the Defendants in this legal action, as noted.
For the record, Plaintiff, Gardenia C. Hung, is an Illinois Notary Public Commissioned by the State of Illinois.
In this legal action, Plaintiff has established by facts of evidence that the Defendants are liable for penalties, fines, and full restitution for Consumer Service Fraud, Common Law Estoppel, Perjury, Obstruction of Justice, and No Certification of the Affidavits presented by Counsel Robert A. Gornik.
WHEREFORE, Plaintiff as an aggrieved party moved this Circuit Court and motions for an Order of Settlement in the amount of $15,000 due to service fraud, estoppel, breach of service contract, obstruction of justice, and perjury as noted by the Defendants and Counsel, Robert A. Gornik. Plaintiff prays that this legal complaint be heard and considered by U.S. Constitutional laws, against the Defendants without prejudice, in favor of the Plaintiff and the damaged motorcycle 2003 Derbi Boulevard 150. Plaintiff additionally prays for such other and further relief to which she may show herself to be justly entitled by law due to inflicting deliberate and malicious hardship, damages and losses inflicted upon PRO SE Plaintiff, Gardenia C. Hung and the 2003 Derbi Boulevard 150 motorcycle.
Dated this November 6, 2006
Gardenia C. Hung, M.A.
502 S. Westmore Avenue
Lombard, IL 60148-3028
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.
Date: November 6, 2006 Reserved Signature:______________________________________
Gardenia C. Hung, M.A.
Cook County
State of Illinois
United States of America






PROOF OF SERVICE
I, Gardenia C. Hung, M.A. as PRO SE Plaintiff, certify that under penalty of perjury I have filed the same in the Circuit Court of Cook County, First Municipal District, in the State of Illinois, and served this notice to each person to whom it is directed, in person and by mail, this 6th day of November in the year 2006.

Reserved Signature by:____________________________________________
Gardenia C. Hung, M.A.
Cook County
State of Illinois
United States of America