Complaint Unlimited Fee Applies

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

Law Offices 0f BRUCE TICHININ, INC. BRUCE TICHININ, SBN 52859 17150 Wedgewood Avenue Los Gates, CA 95032 Telephone: (408) 710-3598 E-maili bruce@brucetichininlaw.com E-FILED 3/23/2021 1:00 PM Clerk of Court Superior Court of CA, County of Santa Clara 21 CV380976 Reviewed By: V. Taylor Attorneys for Plaintiffs Victor Batinovich & Ann Batinovich SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA UNLIMITED JUSRISDICTION VICTOR BATINOVICH AND ANN BATINOVICH Plaintiffs, vs. STORAGEPRO MANAGEMENT, INC., STEPHEN F. MIRABITO, SCOTT HOLLAND, MEGAN VASQUEZ, BUTTERFIELD SELF STORAGE, DOES ONE through TWENTY-FIVE, Defendants Plaintiffs allege: Case No, 21 CV380976 COMPLAINT FOR CONSPIRACY TO COlVflVIIT TRESPASS, CONVERSION AND FRAUD Date: Deptfi Judge: Case Filed: Trial Date: PARTIES, CONSPIRACY & VENUE 1. PlaintiffVICTOR BATINOVICH is an individual and a resident 0f the County 0f Santa Clara, State 0f California. 2. PlaintiffANN BATINOVICH is an individual and a resident 0f the County 0f Santa Clara, State of California. 3. Defendant STEPHEN F. MIRABITO is an individual, and the president and owner 0f defendant STORAGEPRO MANAGEMENT, INC. . Defendant STORAGEPRO MANAGEMENT, INC. is a California corporation. . BUTTERFIELD SELF STORAGE is an entity Whose true character, Whether corporate or fictitiously named, is unknown t0 plaintiffs. Plaintiffs are informed and believe, and 0n that basis allege, that BUTTERFIELD SELF STORAGE is a subsidiary entity 0f defendant STORAGEPRO MANAGEMENT, INC. . Defendant Scott Holland is an individual. Plaintiffs are informed and believe, and on that basis allege, that he is a resident 0f Santa Clara County, State 0f California. . Defendant MEGAN VASQUEZ is an individual. Plaintiffs are informed and believe, and 0n that basis allege, that she is a resident 0f Santa Clara County, State 0f California. . The true names 0f defendants DOES 1 through 25 are unknown t0 plaintiffs who therefore sue them by such fictitious names. Plaintiffs will seek leave t0 amend this complaint t0 substitute their true names and capacities When ascertained. Plaintiffs are informed and believe, and 0n that basis allege, that they are the agents, servants, employees, contractors, attorneys, and c0- conspirators 0f the truly-named defendants. CONSPIRACY . Within 3 years last past, the defendants above-named, and their agents, servants, employees, contractors, attorneys and all persons acting in concert with or for them, agreed t0 a common plan or design to commit the torts hereafter alleged, 0r other wrongs, and damage t0 Plaintiffs has resulted therefrom. VENUE 10. The injuries t0 plaintiffs, and the injuries t0 plaintiffs’ personal property as hereafter alleged in the First, Second and Third Causes 0f Action occurred in the County 0f Santa Clara, State of California. 11. Plaintiffs are informed and believe, and 0n that basis allege, that defendants SCOTT HOLLAND and MEGAN VASQUEZ reside in the County of Santa Clara, State 0f California. 2 COMPLAINT FOR CONSPIRACY, TRESPASS, CONVERSION AND FRAUD 12. The contract hereafter alleged, i.e., for plaintiffs to rent four (4) storage spaces from STORAGEPRO MANAGEMENT, INC. (a) was made in, (b) was t0 be performed in, and the (C) obligation or (d) liability under it arose, and (e) the breach of it, all occurred in the County of Santa Clara, State of California. FIRST CAUSE OF ACTION Trespass 13. Plaintiffs incorporate the allegations of Paragraphs 1 through 9, as though the same were here set forth in full. 14.P1aintiffs rented four (4) separate storage units at the Butterfield Self Storage facility in Santa Clara County, California, from defendant STORAGEPRO MANAGEMENT, INC. 15.Within three years last past, defendants SCOTT HOLLAND and MEGAN VASQUEZ entered each of these four (4) separate storage units without the permission of plaintiffs 0r other lawful authorization, and interfered plaintiffs’ right to exclusive possession and control under the agreement for rental of the units. 16.As a proximate result 0f said defendants’ conduct, plaintiffs have suffered general damages. 17.As a proximate result 0f said defendants’ conduct, plaintiffs have suffered emotional distress. WHEREFORE, plaintiffs pray for relief as hereinafter set forth; SECOND CAUSE OF ACTIONm 18.Plaintiffs incorporate the allegations 0f Paragraphs 1 through 14 as though here set forth in full. 19.Within three years last past, defendants SCOTT HOLLAND and MEGAN VASQUEZ entered each 0f these four (4) separate storage units Without the permission of plaintiffs or other lawful authorization, and interfered plaintiffs’ right to exclusive possession and control under the agreement for rental of the units. 3 COMPLAINT FOR CONSPIRACY, TRESPASS, CONVERSION AND FRAUD 20. Said defendants wrongfully exercised dominion over plaintiffs’ personal property contained in the storage units, Which plaintiffs owned and had a right t0 possess. 21. Said defendants converted plaintiffs’ personal property contained in the storage units by the wrongful acts 0f injuring it, damaging it, stealing it 0r otherwise disposing 0f it. 22.As a proximate result 0f said defendants’ conduct plaintiffs have suffered emotional distress. 23.As a proximate result 0f said defendants’ conduct, plaintiffs have suffered general damages. WHEREFORE, plaintiffs pray for relief as hereinafter set forth; /// /// THIRD CAUSE OF ACTIONm 24.Plaintiffs incorporate the allegations 0f Paragraphs 1 through 23 as though the same were here set forth in full. 25. On more than one occasion Within the last three years, defendants SCOTT HOLLAND and MEGAN VASQUEZ told plaintiffs that they would submit t0 plaintiffs with a list of charges plaintiffs had incurred t0 defendant BUTTERFIELD SELF STORAGE. These promises were made by said defendants Without any intention 0f performing them, and thereby constituted fraud under Civil Code §15’72, par.4. WHEREFORE, plaintiffs pray for relief as hereinafter set forth; EXEMPLARY DAMAGES 26.Plaintiffs incorporate the allegations 0f Paragraphs 1 through 25 as though the same were here set forth in full. 27. By engaging in the conduct alleged in the FIRST CAUSE OF ACTION for Trespass, and the SECOND CAUSE OF ACTION for Conversion, defendants, and each 0f them, were guilty of malice, because their conduct was intended by them t0 cause injury t0 the plaintiffs. 4 COMPLAINT FOR CONSPIRACY, TRESPASS, CONVERSION AND FRAUD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28. By engaging in the conduct alleged in the THIRD CAUSE OF ACTION for Fraud, defendants, and each of them, were guilty 0f fraud because they engaged in intentional misrepresentation with the intention 0f depriving plaintiffs 0f property, 0r legal rights, 0r otherwise causing injury. WHEREFORE, Plaintiffs pray for relief as follows: 1. General, special and exemplary damages against Defendants, and each 0f them, according t0 proof. 2. Costs 0f suit; and 3. Such other, further and different relief as the Court deems proper. Dated: March 23, 2021 BRUCE TICHININ, INC. Byi Bruce 771'chth Attorneys for Plaintiffs Victor Batinovich & Ann Batinovich 5 COMPLAINT FOR CONSPIRACY, TRESPASS, CONVERSION AND FRAUD