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Cohn-Aizic v. Avis Budget Group, Inc.

United States District Court, W.D. Washington, Tacoma

November 6, 2017

DANIELA COHN-AIZIC, an individual, Plaintiff,
v.
AVIS BUDGET GROUP, INC., a foreign corporation, d/b/a BUDGET RENT A CAR and BUDGET RENT A CAR SYSTEM, INC., a foreign corporation, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT

          ROBERT J. BRYAN UNITED STATES DISTRICT JUDGE.

         The Plaintiff Daniela Cohn-Aizic, has moved this Court for entry of Default Judgment against Defendants Avis Budget Group, Inc. and Budget Rent A Car System, Inc. (collectively, “Defendants”). Said motion having been properly supported by the Complaint for Damages, the Entry of Default, Declaration of Daniela Cohn-Aizic, and Declaration of Spencer D. Freeman, the court enters the following:

         I. FINDINGS OF FACT

         1. Defendant Avis Budget Group, Inc. owns and operates Budget Rent A Car System, Inc., and does business as Budget Rent A Car.

         2. Defendant Budget Rent A Car System, Inc. does business as Budget Rent A Car.

         3. On July 8, 2015, Plaintiff Daniela Cohn-Aizic rented a Mitsubishi Mirage, Texas license plate DVB4782, from Budget Rent A Car.

         4. At some time prior to renting Cohn-Aizic the Mirage, Budget Rent A Car reported the same car as stolen to law enforcement. Upon obtaining possession of the car, after reporting the car stolen, Budget Rent A Car failed to inform law enforcement that the car had been returned.

         5. Budget Rent A Car rented the Mitsubishi Mirage, Texas license plate DVB4782, to Cohn-Aizic with the car actively reported as stolen with law enforcement.

         6. On July 11, 2015, Cohn-Aizic drove the Mirage from South Padre Island towards Corpus Christi, Texas.

         7. During this trip, on an isolated highway, Cohn-Aizic was confronted by an undercover law enforcement officer.

         8. The undercover law enforcement determined that the Mirage, driven by Cohn-Aizic, was stolen and conducted a high risk stop of Cohn-Aizic, with the belief that the driver had stolen the car.

         9. Given that the undercover law enforcement officer was not marked as law enforcement, Cohn-Aizic was placed in fear for her life and safety, believing that the undercover officer was hunting her down.

         10. Upon pulling over, the undercover officer directed his shotgun at Cohn-Aizic.

         11. After pulling over, another 6 to 8 law enforcement officers arrived, also directing their weapons at Cohn-Aizic while instructing her to get out of the car. During this time, Cohn-Aizic was fearful for her ...


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