Complaint Unlimited Fee Applies

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

OLOOONOUO'l-ROONA NNNNNNNNNAAAAAAAAAA OONQCH$OONAOCDOONOUOTJ>OONA Robert H. Dewberry State Bar No. 89354 theDewberryfirm 34 Executive Park Suite 210 Irvine, CA 92614 Tel: (949) 955-2940 Fax: (949) 209-3883 robert.dewberry@dewlaw.net Attorney for Plaintiff TORY TESAU R0 E-FILED 3/23/2021 2:55 PM Clerk of Court Superior Court of CA, County of Santa Clara 21 CV381 009 Reviewed By: V. Taylor SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN COURTHOSE TORY TESAU RO, Case No. 21CV381009 Plaintiff, COMPLAINT FOR DEFAULT 0N VS PROMISSORY NOTE; COMMON I COUNTS JOHN R. LEAK A/K/A JOHN R. LEAKE; TOP TIER COMPANIES L.L.C.; LUCKY 7 [Unlimited Civil] ENTERTAINMENT LLC; ALASKA MINING GROUP, LLC; VOLT COSMETICS, LLC; EAGLE MINING PARTNER LLC; VOLTAGE MANAGEMENT GROUP LLC; JUGGERNAUT FUNDING LLC; MIAMI ADORE PARTNERS, LLC; JRL SALT LAKE ORE, LLC; JOHN LEAKE, CORR; MARKETING MATRIX GROUP LLC; DOES 1-25, Defendants. GENERAL ALLEGATIONS 1. This is the proper court for prosecuting this action since it is an action to recover on a written promissory note which was entered into, provided for performance within, and was breached in Campbell, California. 2. Plaintiff is an individual residing in Campbell, California. -1- COMPLAINT theDewberryfirm OLOOONOUO'l-ROONA NNNNNNNNNAAAAAAAAAA OONQCH$OONAOCDOONOUOTJ>OONA 3. Plaintiff is informed and believes and thereon alleges that Defendant JOHN R. LEAK A/K/A JOHN R. LEAKE ”(LEAKE") is a resident of Los Angeles County. 4. Plaintiff is informed and believes and thereon alleges that Defendants TOP TIER COMPANIES L.L.C.; LUCKY 7 ENTERTAINMENT LLC; ALASKA MINING GROUP, LLC; VOLT COSMETICS, LLC; EAGLE MINING PARTNER LLC; VOLTAGE MANAGEMENT GROUP LLC; JUGGERNAUT FUNDING LLC; MIAMI ADORE PARTNERS, LLC; JRL SALT LAKE ORE, LLC; JOHN LEAKE, CORP.; MARKETING MATRIX GROUP LLC; and DOES 1-25. (collectively, ”LEAKE ENTITIES") are business entities owned and controlled by LEAKE. 5. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 125, inclusive, and therefore sues these Defendants by such fictitious names pursuant to Code 0fC/vi/ Procedure§ 474. Each of the DOE Defendants is responsible to Plaintiff for the damages sustained by Plaintiff as hereinafter alleged. Plaintiff will amend this Complaint to state the true names and capacities of each DOE Defendant when the same have been ascertained. 6. Plaintiff is informed and believes and, on that basis, alleges that, at all times relevant, a unity of interest and ownership existed between Defendant LEAKE and Defendants LEAKE ENTITIES and DOES 1-10, such that any individuality or separateness among them has ceased, and Defendants are the alter ego of each other in that: (a) At all times relevant, Defendants LEAKE ENTITIES were so inadequately capitalized that, compared to the business to be done by them and the risks of loss attendant thereto, their capitalization was illusory or trifling; (b) Defendant LEAKE has used the assets of Defendants LEAKE ENTITIES for his personal use, caused assets to be transferred from them to -2- COMPLAINT theDewberryfirm OLOOONOUO'l-ROONA NNNNNNNNNAAAAAAAAAA OONQCH$OONAOCDOONOUOTJ>OONA himself without adequate consideration, and withdrawn funds from their bank account for his personal use; (c) At all times relevant, Defendants LEAKE ENTITIES were a mere shell, instrumentality and conduit through which Defendant LEAKE operated financial businesses, exercising complete control and dominance over them to such an extent that any individuality or separateness between them does not exist; (d) At all times relevant, activities and business of Defendants LEAKE ENTITIES were carried on without the holding of director or shareholder meetings, and no records or minutes of any corporate proceedings were maintained; (e) Defendant LEAKE has caused money and property to be commingled and withdrawn from Defendants LEAKE ENTITIES and distributed to himself without any consideration, all for the purpose of avoiding and preventing attachment and execution by creditors, including Plaintiff, thereby rendering Defendants LEAKE ENTITIES insolvent and unable to meet their obligations; and (f) Adherence to the fiction of the separate existence of Defendants LEAKE ENTITIES as an entity distinct from Defendant LEAKE would permit an abuse of the corporate privilege and would sanction fraud and promote injustice. FIRST CAUSE OF ACTION [Default on Promissory Note] 7. On October 21, 2020, for good and valuable consideration, Defendants made, -3- COMPLAINT theDewberryfirm OLOOONOUO'l-ROONA NNNNNNNNNAAAAAAAAAA OONQCH$OONAOCDOONOUOTJ>OONA executed and delivered to Plaintiff a written promissory note (”Note"). 8. Under the terms of the Note, Defendants promised and agreed to pay to Plaintiff $73,437.50 on November 21, 2020 at Campbell, California. 9. The Note further provides that a late charge equal to five percent (5.00%) of any installment will be charged for any payment not received within 10 days after it is due. 10. Defendants have defaulted in payment under the terms of the Note, in that they have failed to pay $73,437.50 due on November 21, 2020. 11. There is now due and payable the balance due of $73,437.50 plus a late fee of $3,671 .87, plus interest at 10% per annum from and after November 21, 2020. 12. The Note further provides that in the event that Plaintiff is compelled to initiate legal action to enforce payment, Defendants agree to pay Plaintiff its attorneys' fees. Plaintiff has employed the services of legal counsel to enforce payment by the Note and is entitled to recover attorneys' fees. WHEREFORE, Plaintiff demands judgment as hereinafter set forth. SECOND CAUSE OF ACTION [Account Stated] 13. Plaintiff refers to and incorporates by reference General Allegations. 14. Within the last the last two years, at Campbell, California, an account was stated by and between Plaintiff and Defendants by which it was agreed that Defendants were indebted to Plaintiff in the sum of $77,109.37. 15. No part of that sum has been paid, and there is now due, owing, and unpaid from Defendants to Plaintiff the sum of $77,109.37, plus interest from November 21, 2020, at the rate of 10% per annum. -4- COMPLAINT theDewberryfirm OLOOONOUO'l-ROONA NNNNNNNNNAAAAAAAAAA OONQCH$OONAOCDOONOUOTJ>OONA THIRD CAUSE OF ACTION [Open Book Account] 16. Plaintiff refers to and incorporates by reference the General Allegations. 17. Within the last two years, at Campbell, California, there existed an open book account between Plaintiff and Defendants, upon which there was found a balance due of $77,109.37. 18. No part of this has been paid, and there is now due, owing, and unpaid from Defendants to Plaintiff the sum of $77,109.37, plus interest from November 21, 2020, at the rate of 10% per annum. WHEREFORE, Plaintiff demands judgment as follows: ON THE FIRST CAUSE OF ACTION 1. Recovery of the principal sum of $$77,109.37; 2. Recovery of interest thereon at the rate of 10% per annum from November 21, 2020 until entry ofjudgment; 3. Recovery of reasonable attorneys' fees; ON THE SECOND AND THIRD CAUSES OF ACTION 4. Recovery of the principal sum of $$77,109.37; 5. Recovery of interest thereon at the rate of 10% per annum from November 21, 2020 until entry ofjudgment; 6. Recovery of $1 ,200.00 attorneys' fees pursuant to Civil Code§ 1717.5; ON ALL CAUSES OF ACTION 7. Recovery of costs of suit; 8. Recovery of such other and further relief as the court may award. -5- COMPLAINT theDewberryfirm OLOOONOUO'l-ROONA NNNNNNNNNAAAAAAAAAA OONQCH$OONAOCDOONOUOTJ>OONA Dated: March 23, 2021 theDewberryfirmW#.W Ev:- Robert H. Dewberry Attorney for Plaintiff TORY TESAURO -5- COMPLAINT