Complaint Filed

Cal. Super. - 6th Dist.November 5, 2015

w 357100.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U “Q Alan L. Brodkin State Bar No. 85991 Law Offices ALAN L. BRODKIN & ASSOCIATES A Professional Corporation 15500 B Rockfield Blvd. Irvine, California 92618 (949) 457-8686 Fax (949) 457-8688 ~~ ~~~ ~~ ~ ~ ~~ ~~ ALEX CATV UTE: "Al “N .. ‘ a: w = r1. come'ivu Attorney for Plaintiff SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ, CENTRAL JUDICIAL DISTRICT US FOODS, Case No. 15cV00285 COMPLAINT FOR BREACH OF Plaintiff, CONTRACT; OPEN BOOK ACCOUNT; ACCOUNT STATED; v. REASONABLE VALUE; AND BREACH OF PERSONAL JOE’S PIZZA & SUBS, a California GUARANTEE Corporation; HAJLE HAMMANA, an individual, and DOES 1 through 10, inclusive, UNLIMITED CIVIL Defendant. VVVVVVVVVVVVVV Initial Demand: $27,847.86 Plaintiff alleges as follows: GENERAL ALLEGATIONS 1. At all times relevant, plaintiff was and is a corporation duly formed and existing by virtue of the laws of the State of California, with its principal place of business in Livermore, California. ,COMPLAINT, Page 1 357100.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C.) L.) 2. That defendant JOE’S PIZZA & SUBS, is a corporation duly formed and existing by virtue of the laws of the State of California, with its principal place of business in the above-entitled Judicial District. That defendant HAJLE HAMMANA is an individual. Furthermore, the contract, which is the subject of this action, was entered into within the above- entitled Judicial District. 3. Plaintiff i§ unaware 9f_fh§ Erneinamealang.. capacities of DOES 1 through 10, inclusive, and therefore sues said defendants by such fictitious names; leave of Court will be asked to amend this Complaint to show their true names and capacities when known. 4. This action is not subject to Civil Code 1812.10 and/or 2984.4. 5. Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, each of the defendants was the agent and the employee of each of the remaining defendants and doing the things hereinafter alleged,.r was acting with the scope of said agency. FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT (As To All Defendants) 6. On or about March 4, 2013 plaintiff and defendant entered into a written agreement. A copy of the agreement is COMPLAINT, Page 2 357100.wpd 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q 1.3 attached hereto, marked Exhibit "A" and incorporated herein by this reference. 7. Per the terms of the agreement, defendant, agreed to pay plaintiff all amounts due as invoiced. 8. Plaintiff has performed all conditions, covenants and promises under the contract which plaintiff was obligated to perform. _ _ 2 -i a“, 9. On or about July 10, 2015, defendant breached the contract by failing to pay all amounts due. 10. As a result of the defendant‘s breach of the contract, plaintiff has suffered damages in the sum of $27,847.86. SECOND CAUSE OF ACTION FOR OPEN BOOK ACCOUNT (As To All Defendants) 11. Plaintiff repeats and realleges paragraphs 1, 2, 3, 4, and 5 of its First Cause of Action. 12. Within four years past, prior to the commencement of this action, defendant became indebted to plaintiff on an open book account for a balance due in the sum of $27,847.86. 13. Demand has been made on defendants for said sum, COMPLAINT, Page 3 357100.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q Q but they have failed and refused and continue to fail and refuse to pay said sum, and the whole thereof is now due, owing, and unpaid together with interest at the rate of eighteen (18%) per annum . THIRD CAUSE OF ACTION FOR ACCOUNT STATED (As To All Defendants) 14. Plaintiff repeats and realleges paragraphs 1, 2, 3, 4, and 5 of its First Cause of Action. 15. On or about July 10, 2015 there was an account stated by and between plaintiff and defendant, on which stated amount the sum of $27,847.86 was agreed upon as the balance due said plaintiff from defendant, which sum defendant promised and agreed to pay. FOURTH CAUSE OF ACTION FOR REASONABLE VALUE (As To All Defendants) 16. Plaintiff repeats and realleges paragraphs 1, 2, 3, 4, and 5 of its First Cause of Action. 17. Within two years last past, defendant became indebted to plaintiff for a balance due in the sum of $27,847.86 for goods, wares, and merchandise, sold, furnished and delivered and/or for services rendered to defendant at their special instance and request, and in the reasonable and agreed value of $27,847.86, which sum defendant agreed to pay. COMPLAINT, Page 4 357100.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L) U FIFTH CAUSE OF ACTION FOR BREACH OF PERSONAL GUARANTEE (As To Defendant HAJLE HAMMANA) 18. Plaintiff repeats and realleges paragraphs 1, 2, 3, 4, and 5 of its General Allegations. 19. On or about March 4, 2013, plaintiff and defendant HAJLE HAMMANA entered into a written agreement. A copy of the agreement is attached hereto, marked Exhibit "A" and incorporated herein by this reference. _ __W 20. Per the terms of the agreement, defendant HAJLE HAMMANA, personally promised and guaranteed to pay any such amount of money which in the future becomes past due on open book account.by JOE’S PIZZA & SUBS, a California Corporation. 21. Plaintiff has performed all conditions, covenants and promises under the contract which plaintiff was obligated to perform. 22. On or about July 10, 2015, defendant HAJLE HAMMANA breached on the contract by failing to pay all amounts due. 23. As a result of the defendant's breach of the contract, plaintiff has suffered damages in the sum of $27,847.86. WHEREFORE, plaintiff prays judgment against the COMPLAINT, Page 5 357100.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defendants, l. and each of them, as follows: For the principal sum of $27,847.86, together with interest thereof at the rate of eighteen (18%) per annum from July 10, 2015; 4. For reasonable attorney's fees; For all costs of suit incurred herein, and For such further and other relief as the Court may deem just and proper. Dated: November 2, 2015 ~~ & ASSOCIATES ALAN . BR KIN Attor ey or Plaintiff COMPLAINT, Page 6 m GU§WM N0 $35577¢2L . Customer AccountApplication This Customer Application (lhll "Appllcallan") I: made lo US Foodu, lnc., doing buulnou M US Foodo. and all 0' In affiliates. dlvlslons, aublldlmlce and aulgnu (colhctlvely mi ' ' "Seller-u") {or lho purpou cl Inducing Sailor: la ‘ credit ‘ ‘ to me ‘n ' ‘ below: an ll’l’lNC‘. AM) 151mm; immmmm SHIP TO: BILL TO: .1 Check Here If Billing Address ls Same As Delivery Address 8‘7” N MAmjqwl’g’ ALA-3, ~ Applicam Legal Name (lNC.LLC.LP) Trade Name/Domg Business As Billing Address 4 ,1 C ‘ f‘ V bah/7a Cm (AZ: CA / 069.4. Delivery Address (Attach Location Sheet Ii More Than One) City State/Province Zip - 1‘ ,l C. City Slate/Province Zip Couhfr? ‘ J 1% Pf" )l/f '71; . :e lM-GAM} A741 1; 9/ /»">/ . County Caunlry Accounts Payable Conlact Tllle \P hone Number ~~ ~ ~ .13 \) ~ ~~-mail Address ~-jii‘n Y3! L/gflg F( x Number EXHIBIT k’/‘-‘M TELL US ABOUT YOUR OWNERSHIP- g C-Corporalion Cl S-Corp Cl Limited Liability Company (LLC) Cl Limited Partnership (LP) Cl Proprietorship D Non-Profit Cl Government El Other Government Funded? 0 Yes we _% oi Flevenue Gov‘t Funded Medicaid/Medicare Funded? CI Yes Q __-°/o OI Revenue Med Funded BuildingFacllity: ClOwned filaased Date Business Opened or Ownershl c an ed: OWNER/ OFFICER/ AUTHORIZED CORPORATE AGENT INFORMATION Trame Name Name social Security Number Social Security Number Social Security Number W N a 32 Title Title Title Home res: Home Address Home Address City. a e. lp City. State, Zip City. State, Zip C 4/05} 02 . . Driver's Licbnse Number Driver's License Number Driver's License Number 3 3 (02 .8 ¢///0 e Plgoe'NumFer Home Phone Number Home Phone Number (2 3 l 7 9049 £009 cell Phone Number ' Cell Phone Number Cell Phone Number~ WHO ELSE DO YOU DO BUSINESS WITH? as 9025 33K} 77?~ Ven r Name (Present Food Supplier) Account Number City/State Phone Number Luca)», was) Vendor Name ' Account Number City/State Phone Number Cms/ m gg’ Vendor Name, Account Number City/State Phone Number ‘73 of IQ 14p70§ Bin? City/State Contact Name Phone Number 39