ComplaintCal. Super. - 3rd Dist.September 12, 2018PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): S. Ross Kochenderfer Jr. (State Bar # 78829) OR OTE \ Law Offices of S. Ross Kochenderfer Jr., P.C. a 12210 Herdal Drive, Suite 11, Auburn, CA 95603 TELEPHONE NO: (53()) 823-9858 FAX NO. (Optional): (530) 823-0450 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): TRIMM'S BUILDING MATERIALS, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER street aporess: 10820 Justice Center Drive oe maitinc appress:P, QO. Box 619072 ' to city ann zip cove: Roseville 95661-9072 County of Placer BRANCH NAME: PLAINTIFF: TRIMM'S BUILDING MATERIALS _ Su f y fornia ke Chatters e Officer & Clerk DEFENDANT: MY AUTO SURGEON, INC., a California Corproation; bhard, Gepuy JUSTIN BREAUX DOES 1TO 5 CONTRACT COMPLAINT [-_] AMENDED COMPLAINT (Number): [__]cross-COMPLAINT [-_] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): [__] ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded [__] does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 x_| ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint Ss CV 0 0 4 1 7 0 6 [___]from limited to unlimited [___]from unlimited to limited 1. Plaintiff* (name or names): TRIMM'S BUILDING MATERIALS alleges causes of action against defendant* (name or names): MY AUTO SURGEON, INC., a California Corporation; JUSTIN BREAUX and DOES | to 5 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. a. Each plaintiff named above is a competent adult except plaintiff (name): TRIMM'S BUILDING MATERIALS (1) [Ja corporation qualified to do business in California (2) [_Jan unincorporated entity (describe): (3) [__Jother (specify): b. [__]Plaintiff (name): a. [__]has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. [__] has complied with all licensing requirements as a licensed (specify): Cc. Cc] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person .MY AUTO SURGEON, INC., a . except defendant (name): (1:5. 5:4 corporation [__]except defendant (name): (1) [-_]a business organization, form unknown (1) [-_] a business organization, form unknown (2) a corporation (2) [__] a corporation (3) [__]an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [__]a public entity (describe): (4) [__] a public entity (describe): (5) [__]other (specify): (5) [_] other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 eS eo COMPLAINT-Contract Code of Civil Procedure, § 425.12 PLD-C-001 [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council Forms PLD-C-001 SHORT TITLE: CASE NUMBER: TRIMM'S BUILDING MATERIALS v. MY AUTO SURGEON, INC. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) Doe defendants (specify Doe numbers): 3 defendants and acted within the scope of that agency or employment. (2) Doe defendants (specify Doe numbers): 2 plaintiff. were the agents or employees of the named are persons whose capacities are unknown to c. [_] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [_] Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. [_] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. [__] is excused from complying because (specify): 6. [_] This action is subject to [_] Civil Code section 1812.10 [_] Civil Code section 2984.4. 7. This court is the proper court because a. a defendant entered into the contract here. a defendant lived here when the contract was entered into. a defendant lives here now. the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place of business is here. [__] real property that is the subject of this action is located here. [__] other (specify): a n m o a n o s The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common Counts [_] Other (specify): 9. [__] Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $ 25,000.00 b. interest on the damages (1) according to proof (2) [_] at the rate of (specify): percent per year from (date): c. [_] attorney's fees (1) _] of: $ (2) [_] according to proof. d. [__] other (specify): 11. [__] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: September 11, 2018 Ae Lx S. Ross Kochenderfer Jr. > I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 LexisNexis® Automated California Judicial Council Forms PLD-C-001(1) SHORT TITLE: TRIMM'S BUILDING MATERIALS v. MY AUTO SURGEON, INC. CASE NUMBER: FIRST CAUSE OF ACTION-Breach of Contract (number) ATTACHMENT TO Complaint L_] Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. BC-2. BC-3. BC-4. Plaintiff (name): alleges that on or about (date): December 10, 2013 a written [__] oral [__] other (specify): agreement was made between (name parties to agreement): TRIMM'S BUILDING MATERIALS; AUTO SURGEON, INC.; JUSTIN BREAUX Cc] A copy of the agreement is attached as Exhibit A, or The essential terms of the agreement [__] are stated in Attachment BC-1 are as follows (specify): Plaintiff TRIMM'S BUILDING MATERIALS agreed to loan, and did loan, Defendants MY AUTO SURGEON, INC., and JUSTIN BREAUX, individually, cash in the sum of Fifty Thousand Dollars ($50,000), which Defendants, and each of them, agreed to repay to Plaintiff pursuant to the terms of said Agreement. On or about (dates): June 1, 2016 defendant breached the agreement by Cc] the acts specified in Attachment BC-2 the following acts (specify): Defendants, and each of them, failed and refused to make further payments to Plaintiff. The last payment received by Plaintiff was May 23, 2016. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement [__] as stated in Attachment BC-4 Lx] as follows (specify): At the time Defendants ceased making payments toward the loan, the original principal balance of which was $50,000, the unpaid balance was $25,000. A schedule of payments made by the Defendants is attached as Exhibit A. BC-5. [__] Plaintiff is entitled to attorney fees by an agreement or a statute [__] of $ CL] according to proof. BC-6. [__] Other: Page 3 Page 1 of 1 orm Approved taro puonial ee CAUSE OF ACTION-Breach of Contract Code of Civil Frocackite, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-C-001(1) [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council Forms PLD-C-001(2) SHORT TITLE: CASE NUMBER: TRIMM'S BUILDING MATERIALS v. MY AUTO SURGEON, INC. SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): alleges that defendant (name): became indebted to = [X] plaintiff | [(_] other (name): a. within the last four years (1) [] onan open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. within the last [__] two years four years (1) [_] for money had and received by defendant for the use and benefit of plaintiff. (2) [_] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. CL] the sum of $ [__] the reasonable value. (3) [_] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [] the sum of $ [__] the reasonable value. (4) Ex] for money lent by plaintiff to defendant at defendant's request. (5) [__] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [-] other (specify): CC-2. $25,000.00 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [-] according to proof at the rate of 7 percent per year from (date): September 12, 2018 cc-3. [_] Plaintiff is entitled to attorney fees by an agreement or a statute [_] of$ [__] according to proof. cc-4. [_] Other: Page 4 Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION-Common Counts Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] LexisNexis® Automated California Judicial Council Forms TRIMM’S BUILDING MATERIALS LOAN TO MY AUTO SURGEON - JUSTIN BREAUX Schedule of Payment Activity EXHIBIT A 12/10/2013 Original Principal $50,000.00 07/15/2014 Payment (3,000.00) 08/31/2014 Payment (3,000.00) 10/20/2014 Payment (3,000.00) 03/20/2015 Payment (3,000.00) 06/08/2015 Payment (3,000.00) 02/09/2016 Payment (3,000.00) 03/29/2016 Payment (2,000.00) 04/21/2016 Payment (2,500.00) 05/23/2016 Payment (2,500.00) 09/12/2018 Balance $25,000.00
