Complaint

Cal. Super. - 3rd Dist.June 10, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Barbara R. Gross, Attorney at Law (SBN 158705) 420 Spruce St., Suite B San Diego, California 92103 barbara@bgross.law (619) 782-9233 Fax (619) 255-4513 Attorney for Plaintiff EVEREST NATIONAL INSURANCE COMPANY SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER, CIVIL DIVISION EVEREST NATIONAL INSURANCE COMPANY, a Delaware corporation, Plaintiff, vs. MARGRAF SYSTEMS, INC., a California corporation; and DOES 1 through 5 inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. COMPLAINT FOR MONEY Demand Amount: $12,880.00 Limited Jurisdiction Plaintiff, EVEREST NATIONAL INSURANCE COMPANY alleges as follows: FIRST CAUSE OF ACTION (Breach of Contract) 1. Plaintiff EVEREST NATIONAL INSURANCE COMPANY is now, and was at all times herein mentioned, a corporation duly organized and existing by virtue of the laws of the State of Delaware. 2. Plaintiff is informed and believes and thereon alleges that Defendant MARGRAF SYSTEMS, INC., a California corporation, is a corporation duly organized and existing by virtue of the laws of the State of California. 3. Pursuant to the provisions of Part 2, title 4, of the Code of Civil Procedure, this Court is the proper Court for trial in this action in that the transactions, the subject of said action, were entered into and to be performed within its jurisdictional district. Everest National Insurance v. Margraf Systems, Inc. Case No. Complaint for Money 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Plaintiff is unaware of the true names and capacities, whether individual, associate, corporate or otherwise of Defendants DOES 1 through 5 and therefore sues them by such fictitious names, and leave of Court will be asked to insert their true names and capacities when the same have been ascertained. Plaintiff is informed and believes that said Doe Defendants are the agents of one another and the named Defendants herein and are the alter egos of one another and the named Defendants. 5. Plaintiff is further informed and believes and based thereon alleges that each of the fictitiously named defendants was the agent, servant, employee, representative, owner, principal, partner, or alter ego of each of the remaining defendants and in doing the things hereinafter alleged, was acting within the course and scope of such capacity. 6. This action is subject to section 585(d) of the Code of Civil Procedure. This action is not on a conditional sales contract subject to Civil Code section 2981, et seq. This action is not on a contract or installment for the sale of goods or services subject to Civil Code section 1801, et seq. 7. At the request of Defendants, Plaintiff issued a written Workers Compensation and Employers Liability Insurance policy to Defendant MARGRAF SYSTEMS, INC., a California corporation, for the policy period from February 23, 2019 to February 23, 2020. At the request of Defendants, Plaintiff issued a second Workers Compensation and Employers Liability Insurance policy to Defendant MARGRAF SYSTEMS, INC., a California corporation, for the term February 23, 2020 to February 23, 2021. The second policy was canceled early pursuant to its terms and conditions effective August 22, 2020. 8. Plaintiff has performed all conditions, covenants, and promises that it agreed to perform in accordance with the terms of the insurance policies. 9. Notwithstanding the terms of the agreements, Defendants breached by failing to pay the premiums due as previously agreed by Defendants. 10. As a result of the aforementioned breach of agreements, Plaintiff has been damaged in the total amount of $12,880; $10,276 of which has been due and payable since April 23, 2020; and $2,604 of which has been due and payable since February 2, 2021; Everest National Insurance v. Margraf Systems, Inc. Case No. Complaint for Money 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interest at the legal rate has been accruing since said dates. SECOND CAUSE OF ACTION (Account Stated) 11. Plaintiff realleges and incorporates by reference Paragraphs 1 through 10, inclusive, of the FIRST CAUSE OF ACTION. 12. Within the last four years, accounts were stated between Plaintiff and Defendants wherein it was stated that Defendants were indebted to Plaintiff in the sum of $12,880. 13. Plaintiff has demanded the sum of $12,880 from Defendants and Defendants have refused and continue to refuse to pay this sum, or any part of it, and there is now due, owing, and unpaid the sum of $12,880, together with accrued and accruing interest thereon until paid in full. THIRD CAUSE OF ACTION (Open Book Account) 14. Plaintiff realleges and incorporates by reference Paragraphs 1 through 10, inclusive, of the FIRST CAUSE OF ACTION. 15. Within the last four years, Defendants became indebted to Plaintiff on an open book account in the sum of $12,880. 16. Plaintiff has demanded the sum of $12,880 from Defendants and Defendants have refused and continue to refuse to pay this sum, or any part of it, and there is now due, owing, and unpaid the sum of $12,880 together with accrued and accruing interest until paid in full. / / / / / / / / / Everest National Insurance v. Margraf Systems, Inc. Case No. Complaint for Money 3