Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 29, 2021

6 7 10 LAW OFFICES OF KENNETH J. FREED KENNETH J. FREED, ESQ. [SBN 125349] DAVID E. WEEKS, ESQ. [SBN 190542] 14226 Ventura Boulevard Sherman Oaks, California 91423 (818) 990-0888 /(818) 990-1047 Facsimile KFREED@KJFESQ.COM DXVEEKS KJFESQ.COM Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. Our File No. 6062496 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA UNLIMITED JURISDICTION SUPERIOR COURT 5 17 CAMPBELL DRY INC. AKA CAMPBELL DR Y, INC DBA I EGASUS IIFFINISIIING; and DOES I through 10, Inclusive, Defendants. 11 CREDITORS ADJUSTMENT BUREAI1, INC., 12 Plaintiff, 13 V. ) CASE NO. ) ) ) COMPLAINT FOR MONEY ) (Insurance Premiums) ) ) ) ) AMOIJNT OF DEMAND ) $49,907.97 ) ) ) 19 Amount of Demand: $49,907.97 20 Plaintiff alleges as follows: 21 DEFINITIONS AND PRELIMINARY ALLEGATIONS 22 1. As used herein, the term "Plaintiff's Assignor" refers to STATE 2 3 COMPENSATION INSURANCE FUND. 24 2. As used herein, the term "Debt" refers to the sum of $49,907.97. 25 3, As used herein, the term "Due Date" refers to May 4, 2020. 26 4. Prior to the commencement of this action, the claims sued upon herein were 27 assigned to Plaintiff by Plaintiffs Assignor, a corporation and an insurance issuer and 28 COMPLAINT FOR MONEY E-FILED 3/29/2021 12:00 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381415 Reviewed By: M Vu 21CV381415 1 underwriter, licensed under the laws of the State of California, and Plaintiff is now the owner and 2 holder of such claims. 3 5. Plaintiff is a corporation organized and existing under the laws of the State of 4 California and is a collection agency. 6. The true names and capacities, whether individual, corporate, associate or 6 otherwise, of the Defendants herein designated DOES I through 10, inclusive, are unknown to 7 Plaintiff; Plaintiff will ask leave of the Court to amend this Complaint to show their true names 8 and capacities when ascertained. 9 7. The obligation and claims sued upon herein were made and entered into and are 10 due and payable in the above-mentioned Judicial District and County, State ofCalifornia, and are 11 not subject to the provisions of Sections 1812.10 and 2984.4 of'he California Civil Code and 12 Section 395{b) of the California (:ivil Code Procedure. 1.3 8. At all times herein mentioned, the Defendants were agents and employees of the 1. 4 other Defendants, and were acting within the course and scope of such agency and employment. 15 9. Plaintiff is informed and believes and thereon alleges that each Defendant is and 16 at all times herein mentioned was, an alter-ego and/or successor. in interest of each other 17 Defendant, in order to perpetrate a fraud and to accomplish other wrongful and inequitable 18 purposes, such that the Court must disregard the separate entities and treat each entities'cts as 19 set forth herein as if they were done by each of these named Defendants. 20 21 FIRST CAUSE OF ACTION (BREACH OF CONTRACT) (Against All Defendants) 22 10. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 2 3, through 9 as though fully set forth herein. 24 11. Plaintiff's Assignor and Defendant entered into a written agreement wherein 25 Plaintiff's Assignor agreed to provide a policy of workers compensation insurance to the 26 Defendant, bearing Policy No. 9219123-17(covering the period of October 4, 2017 through 27 October 4, 2018) and Defendant agreed to pay premiums in accordance with the terms and 2 8 conditions of said policy which provided for payment of premiums. COMPLAINT FOR MONEY I 12. Said Defendant accepted said workers compensation insurance policy bearing 2 Policy No. 9219123-17, and, in consideration thereof, agreed to the terms and conditions set forth 3 therein which provided for payment of premiums. 4 13. Plaintiffs Assignor has performed everything on its part to be performed under 5 said insurance policy. 6 14. On or about May 4, 2020, Defendant breached that patt of the policy requiring the 7 payment of premiums thereby becoming indebted to Plaintiffs Assignor in the amount of the 8 Debt for the balance due for insurance premiums earned by Plaintiffs Assignor as a result of the 9 sale, issuance and delivery of said workers compensation insurance policy bearing Policy No. 10 9219123-17 by Plaintiffs Assignor to Defendant at Defendant's request. Said balance has not 11 been paid although payment has been demanded, and there is now due, owing and unpaid from 12 the Deftuadant to Plaintiff said Debt, together with interest thereon at the rate often percent (10%) 'I 3 per annum since demanded on the Due Date as set forth in Paragraph 3 herein, 1.5 SECOND CAIJSE OF ACTION (OPEN BOOK ACCOUNT) (Against All Defendants) 16 15. Plaintiff repeats, realleges and incorporates herein by reference paragraphs I 17 through 9 as though fully set forth herein. 18 16. Within four years preceding the commencement of this action, Defendants, and I 9 each ofthem, became indebted to Plaintiff's Assignor in the amount of the Debt for a balance due 20 on a book account for goods sold and delivered and/or services rendered by Plaintiffs Assignor 21 to Defendants at Defendants'equest. Said Debt has not been paid although payment has been 22 demanded, and said Debt is now due, owing and unpaid, together with interest thereon at the rate 23 of ten percent (10%) per annum since demanded on the due date. 24 17. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject 25 to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be 2 6 av,arded attorney's fees pursuant to said section. 27 /7 2 8 /I/ COMPLAFNT FOR MONEY 1 THIRD CAUSE OF ACTION (ACCOUNT STATED'I (Against All Defendants) 3 I g. Plaintiff repeats, realleges and incorporates herein by reference paragraphs I through 9 as though fully set forth herein. 5 19. Within four years preceding the commencement of this action, an account was 6 stated by and between Plaintiffs Assignor and Defendants, and each of them, wherein it was 7 ascertained and agreed that said Defendants owed said Debt to Plaintiffs Assignor together with 8 interest thereon at the rate of ten percent (10%) per annum from the Due Date. 9 20. The Debt sued uponherein was incurred on or after January I, 1987 and is subject 10 to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be 11 awarded attorney's fees pursuant to said section. 12 13 FOURTH CAUSE OF ACTION (RFASONA13I.,E:.'AI.,UE) (Against All I3efendants) 21. Plaintiff repeats, realleges and incorporates herein by reference paragraphs I 15 through 9 as though fully set forth herein. 22. Within two years preceding the commencement of this action Defendants, and 17 each of them, became indebted to Plaintiffs Assignor for the reasonable value of goods sold and 18 delivered and/or services rendered by Plaintiffs Assignor to said Defendants at saidDefendats'9 request, the Debt was and is the reasonable value of said goods, and/or services. No part of said 2 0 Debt has been paid although payment has been demanded, and said DEBT is now due, owing and 21 unpaid together with interest at the rate of ten percent (10%) per annum since demanded on the 22 Due Date. 23 23. The Debt sued upon herein was incurred on or after Januat5v I, 1987, and is subject 24 to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be 2 5 awarded attorney's fees pursuant to said section. 2 6 /// 2 7 /// 2 8 /// COMPLAINT FOR MONEY 1 WHEREFORE, Plaintiff prays judgment against the Defendants, and each of them, as 2 follows; 3 AS TO THE FIRST CAUSE OF ACTION 1. For the sum of $49,907.97, together with interest thereon at the rate of ten percent 5 (I 0'/a) per annum from May 4, 2020; 6 2. For costs of suit herein; and 7 3. For such other and further relief as the Court may deem just and proper. 8 AS TO THE SECOND. THIRD AND FOURTH CAUSES OF ACTION 9 1. For the sum of$49,907.97, together with interest thereon at the rate of ten percent 10 (10%) per annum from May 4, 2020; 2. For costs of suit incurred herein; 12 3. For attorney's fees pursuant to California Civil Code Section 1717.5; and, 1. 3 4. For such other and further relief as the Court may deem just and proper. 14 DA'I'ED: March 17, 2021 16 17 18 I.AW FFIC1!S OF KENNETH.I. FREEDi'~ KE FTH J. FREL'D Atto eys for Plaintiff CRI.;13ITORS ADJUSTMENT BUREAU, INC 20 21 22 23 25 27 28 COMPLAINT FOR MONEY