Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 23, 2021

1 LAW OFFICES OF KENNETH J. FREED KENNETH J. FREED, ESQ. [State Bar No. 125349] 2 DAVID E. WEEKS, ESQ. [State Bar No. 190542] 14226 Ventura Boulevard 3 Sherman Oaks, California 91423 (818) 990-0888 (818) 990-1047 Facsimile KFREEDRKJFESO.COM 5 DWEEKS&KJFESO.COM 6 Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. 7 i Our File No. 6060694 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE COURTHOUSE, UNLIMITED CIVIL 10 11 CREDITORS ADJUSTMENT BUREAU, ) INC., ) 12 ) ) 13 Plaintiff ) ) V. ) ) 15 BOLT CONSTRUCTION, A ) CORPORATION; IJOLT CONSTRUCTION ) 16 LLC I'DBA BOI..T CONS'I'RUCTION, A ) CORPORATION; and DOES I through 10, ) 17 Inclusive, ) ) 18 Defendants. ) 19 20 Amount of Demand: $49,260,60 CASE NO. COMPLAINT FOR MONEY (Insurance Premiums) AMOUNT OF DEMAND $49,260.60 21 Plaintiff alleges as follows: DEFINITIONS AND PRELIMINARY ALLEGATIONS 23 1. As used herein, the term "Plaintiffs Assignor" refers to STATE COMPENSATION 2 4 INSURANCE FUND. 25 2. As used herein, the term "Debt" refers to the sum of $48,095.12 for Policy No. 2 6 9225142-18 and the sum of $ 1,165.48 for Policy No. 9225142-19. 27 3. As used herein, the term "Due Date" refers to May 26, 2020 for Policy No. 28 9225142-18 and January 6, 2020 for Policy No. 9225142-19. COMPLAINT FOR MONEY E-FILED 3/23/2021 12:09 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV380973 Reviewed By: V. Taylor 21CV380973 1 4. Prior to the commencement of this action, the claims sued upon herein were 2 assigned to Plaintiffby Plaintiffs Assignor, a corporation and an insurance issuer and 3 underwriter, licensed under the laws of the State of California, and Plaintiff is now the owner and 4 holder of such claims. 5 5. Plaintiff is a corporation organized and existing under the laws of the State of 6 California and is a collection agency. 7 6. The true names and capacities, whether individual, corporate, associate or 8 otherwise, of the Defendants herein designated DOES I through 10, inclusive, are unknown to 9 Plaintiff. Plaintiff will ask leave of the Court to amend this Complaint to show their true names 10 and capacities when ascertained. 11 7. 1 he obligation and claims sued upon herein were made and entered into and are 12 due and payable in the above-mentioned Judicial District and County, State of California, and 13 are not subject to the provisions of Sections 1812.I 0 and 2984.4 of the California Civil Code and 14 Section 395(b) of the California Civil Code Procedure. 15 g. At all times herein mentioned, the I)efendants were agents and employees of thc 16 other Defendants, and were acting within the course and scope of such agency and employment, 17 9. Plaintiff is informed and believes and thereon alleges thai. each Defendant is and 18 at all times herein mentioned was, an alter-ego and/or successor in interest of each other 19 Defendant, in order to perpetrate a fraud and to accomplish other wrongful and inequitable 20 purposes, such that the Court must disregard the separate entities and treat each entities'cts as 21 set forth herein as if they were done by each of these named Defendants. 22 23 FIRST CAUSE OF ACTION (BREACH OF CONTRACT) (Against All Defendants) 24 10. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 25 through 9 as though fully set forth herein. 26 11. Plaintiffs Assignor and Defendant entered into a written agreement wherein 27 Plaintiff's Assignor agreed to provide a policies of workers compensation insurance to the 28 // COMPLAINT FOR MONEY I Defendant, bearing Policy Nos. 9225142-18 (covering the period of Januaty 30, 2018 through 2 January 30, 2019) and 9225142-19 (covering the period of January 30, 2019 through July 22, 3 2019) and Defendant agreed to pay premiums in accordance with the terms and conditions of 4 'aid policy which provided for payment of premiums. 5 12. Said Defendant accepted said workers compensation insurance policy bearing 6 Policy Nos. 9225142-18 and 9225142-19, and, in consideration thereof, agreed to the terms and 7 conditions set forth therein which provided for payment of premiums. 8 13. Plaintiffs Assignor has performed everything on its patt to be performed under 9 i said insurance policies. 10 14. Defendant breached that part of Policy No. 9225142-18 requiring the payment of I I the premium assessed after audit by Plaintiff's Assignor at the conclusion of Policy No. 12 9225142-18 in the amount of $48,095.12 . Said balance has not been paid although payment has 13 been demanded, and there is now due, owing and unpaid from the Defendant to Plaintiff said 14 Debt, together with interest thereon at the rate of ten percent (10%) per annum since demanded 15 on the Due Date as set forth in Paragraph 3 herein. 16 15, Defendant breached that part of Policy No. 9225142-19 requiring the payment of 17 the premium assessed after audit by Plaintiffs Assignor at the conclusion of Policy No. 18 9225142-19 in the amount of $ 1,165.48, Said balance has not been paid although payment has 19 been demanded, and there is now due, owing and unpaid from the Defendant to Plaintiff said 20 Debt, together with interest thereon at the rate of ten percent (10%) per annum since demanded 21 on the Due Date as set forth in Paragraph 3 herein. 22 23 SECOND CAUSE OF ACTION (OPEN BOOK ACCOUNT) (Against All Defendants) 24 16. Plaintiff repeats, realleges and incorporates herein by reference paragraphs I 2 5 through 9 as though fully set forth herein. 26 17. Within four years preceding the commencement of this action, Defendants, and 27 each of them, became indebted to Plaintiffs Assignor in the amount of the Debt for a balance 28 // OOMPEAINT FOR MONEY 1 due on a book account for goods sold and delivered and/or services rendered by Plaintiffs 2 assignor to Defendants at Defendants'equest. Said Debt has not been paid although payment 3 has been demanded, and said Debt is now due, owing and unpaid, together with interest thereon at the rate of ten percent (10%) per annum since demanded on the due date. 5 18. The Debt sued upon herein was incurred on or after January I, 1987 and is subject 6 to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be 7 awarded attorney s fees pursuant to said section. 8 THIRD CAUSE OF ACTION (ACCOUNT STATED) 9 (Against All Defendants) 10 19. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 11 through 9 as though fully set forth herein. 12 20, Within four years preceding the commencement of this action, an account was 13 stated by and between Plaintiffs Assignor and 13efendants, and each of them, wherein it was 14 ascertained and agreed that said Defendants owed said Debt to Plaintiff's Assignor together with 15 interest thereon at the rate of ten percent (10%) per annum from the Due Date. 16 21. 'I'he Debt sued upon herein was incurred on or after January 1, 1987 and is subject 1 / to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be 18 awarded attorney's fees pursuant to said section. 19 20 FOURTII CAIJSE OF ACT1ON (REASONABI.E VALU~E (Against All Defendants) 21 22. Plaintiff repeats, realleges and incorporates herein by reference paragraphs I 22 through 9 as though fully set forth herein. 23 23. Within two years preceding the commencement of this action Defendants, and 2 4 each of them, becatne indebted to Plaintiffs assignor for the reasonable value of goods sold and 25 delivered and/or services rendered by Plaintiffs assignor to said Defendants at said Defendants' 6 request, the Debt was and is the reasonable value of said goods, and/or services. No part of said 2 7 Debt has been paid although payment has been demanded, and said Debt is now due, owing and 28 // COMP AINT FOR MONEY I unpaid together with interest at the rate of ten percent (10%) per annunz since demanded on the 2 Due Date. 3 24. The Debt sued upon herein was incurred on or after January I, 1987, and 4 is subject to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is 5 entitled to be awarded attorney's fees pursuant to said section. 6 i WHEREFORE, Plaintiff prays judgment against the Defendants, and each of them, as 7 follows: 8 AS TO THE FIRST CAUSE OF ACTION 9 l. As to Policy No. 9225142-18, for the sum of $48,095.12 together with interest 10 thereon at the rate of ten percent (10%) per annutn from May 26, 2020; 11 2. As to Policy No. 9225142-19, for the sum of $ 1,165.48, together with interest 12 thereon at the rate of ten percent (10%) per annum from January 6, 2020; 13 3. For costs of suit herein; and 14 4, For such other and further relief as the Court may deem just and proper. 15 AS TO THE SFCOND. THIRD AND FOURTH CAIJSES OF ACTION I, As to Policy No. 9225142-18, for the sum of $48,095.12 together with interest 17 thereon at the rate of ten percent (10%) per annum from May 26, 2020,: 18 2. As to Policy No. 9225142-19, for the sum of $ 1,165.48, together with interest 19 thereon at the rate of ten percent (10%) per annum From January 6, 2020;. 20 3, Fox costs of suit incurred herein; 21 4. For attorney's fees pursuant to California Civil Code Section 1717,5; and, 22 5. For such other and further relief as the Court may deem just and proper. 23 24 DATED: March 16, 2021 LAW OF KENNETH J. FREED 25 26 27 BY KEitIIIIjETH J. FREED Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. COMP A:NT FOR MONEY