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MO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-23-2017 11:52 am
Case Number: CGC-17-557688
Filing Date: Mar-23-2017 11:46
Filed by: ROSSALY DELAVEGA
Image: 05793738
COMPLAINT
TIMOTHY A BONNICI VS. CHARLES MCMACKIN ET AL
001005793738
Instructions:
Please place this sheet on top of the document to be scanned.SUM-100
SUMMONS FoR COURT USE ONLY
(CITACION JUDICIAL) BNO ET)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
CHARLES McMACKIN, an individual, CARROLL HENRY, an
individual, and DOES 1-20, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
TIMOTHY A. BONNICI, an individual
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
‘You have 30 CALENDAR DAYS afer this summons and legal papers are served on you to file a written response at this court and have a copy
Served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
‘case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. if you do not file your response on time, you may lose the case by default, and your wages, money, and property
Tiene 30 DIAS DE CALENDARIO después de que le entreguon esta citacién y papeles logales para presenter una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no Io protegen. ‘Su respuesta por escrito tiene que estar
@n formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Colegio de abogados locales. AVISO: Por ey, la corte tiene derecho a reclamar las cuotas y fos castos exentos por imponer un grevaaee
sobre
cualquier recuperaci6n de $10,000 6 mas de valor recibida mediante un acuerdo 0 una concesién de ia un caso de derecho civil. Tiene que
Pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: CASE UME ~
(El nombre y direccién de la corte es):
oo“ ~ 55
SUPERIOR COURT OF CALIFORNIA, County of San Francisco 689
400 McAllister Street, San Francisco, CA 94102
The name, address, and telephone number of. plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el nimero de teléfono de! abogado del demandanto,
(Fecha) ecreta
(For proof of service of this summons, use Proof of Service of Summdng (form
(Para prueba de entrega de esta citation use el formulario Proof of Servica 6
NOTICE TO THE PERSON SERVED: You are se
1. [1 as an individual defendant.
| 3, CJ on behalf of (specify):
under: [] CCP 416.10 (corporation) [) CCP 416.60 (minor)
([-) cep 416.20 (defunct corporation) L =] cep 416.70 (conservatee)
(“] CCP 416.40 (association or partnership) [__] CCP 416.90 (authorized person)
[J other (specify:
4. [7] by personal delivery on (date):
__Page 1 of 4
Fo eer Use SUMMONS (Code of Civil Procedure §§ 412.20, 465
SUMEAOO [Rov uy 1 3000] ‘wane court.c8.90¥24
25
GINO J. MOLINARI, SB#086467 andl xX E
Law Offices of Gino J. Molinari Couny Se
3366 Twenty Second Street MAp 29;
San Francisco, CA 94110 2017
Telephone: (415)863-3767 py, Chey
Facsimile: (415)648-3130 og Ry
SUPERIOR COURT OF CALIFORNIA MT ay
COUNTY OF SAN FRANCISCO
(Unlimited Jurisdiction)
TIMOTHY A. BONNICT, an Cae
individual, 7 "55769
Plaintiff, Case No.
Vv.
Complaint for Damages;
CHARLES McMACKIN, an Defamation; Interference With
individual, CARROLL HENRY, Economic Relations; Elder Abuse;
an individual, and DOES 1 to 20, Conspiracy
inclusive,
Defendants.
Cross-complainant, TIMOTHY A. BONNICI, complains of defendants, and each of
them, as follows:
General Allegations
1. Defendant, CHARLES McMACKIN, is a resident of the City and County of San
Francisco, California, and in doing the things as hereinafter alleged, acted in part in San
Francisco, and in part throughout the nine Bay Area Counties.
2. Defendant, CARROLL HENRY, is a resident of the City of Daly City, County of San
Mateo, State of California, and in doing the things as hereinafter alleged, acted in part in San
Francisco County, and in part throughout the nine Bay Area Counties.
Complaint for Damages - 124
25
3. Defendants Does 1 through 20, inclusive, are sued herein under fictitious names. Their
true names and capacities are unknown to plaintiff. When their true names and capacities are
ascertained, plaintiff will amend this complaint by inserting their true names and capacities
herein. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named
defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff's
damages as herein alleged were proximately caused by those defendants. Each reference in this
complaint to "defendant", "defendants", or a specifically named defendant refers also to all
defendants sued under fictitious names.
4. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned|
each of the defendants, including all defendants sued under fictitious names, was the agent and
employee of each of the remaining defendants, and in doing the things hereinafter alleged, was
acting within the course and scope of this agency and employment.
5. The allegations of this complaint stated on information and belief are likely to have
evidentiary support after a reasonable opportunity for further investigation or discovery.
FIRST CAUSE OF ACTION
(Defamation)
6. For the past 3 to 4 years, and continuing to date, the defendants, and each of them,
have been spreading rumors and innuendo, and outright lies about the plaintiff referring to
plaintiff's conduct as a buyer and seller of jewelry and other items of value, with the intent of
leading other sellers to believe falsely that plaintiff, and plaintiff's associates, conduct their
business in deceptive, illegal false and fraudulent manner.
7, Plaintiff is informed and believes, and thereon alleges, that some of the rumors and
innuendo were published by the defendants, and each of them, in writing; but, such rumors and
innuendo were most certainly published verbally.
Complaint for Damages - 224
25
8. These publications, both in writing and verbally, were made of and concerning the
plaintiff, and were so understood by those who read and heard the publications.
9. The entirety of these rumors, innuendo and lies were and are false as they pertain to
plaintiff.
10. The above-described rumors, innuendo and lies constitute libel and slander, as
applies, on their face. They clearly expose plaintiff to hatred, contempt, ridicule, and obloquy as
relates to the intentional exclusion of plaintiff from the sales that over the years plaintiff has had
the opportunity to attend along with the rest of the public, which opportunity is now denied him,
as more specifically hereinafter described.
11. As a proximate result of the above-described publications, both written and verbal,
plaintiff has suffered loss to his reputation, shame, mortification, and hurt feelings all to his
general damages in the sum of $100,000.00
12. The above-described publications, both written and verbal, were published by the
defendants, and each of them, with malice, oppression and fraud, and thus plaintiff seeks an
award of punitive4 damages in a sum sufficient the punish the defendants, and each of them, and
make examples of them to the community at large.
WHEREFORE, cross-complainant prays judgment against the cross-defendants, and eacl
of them, as hereinafter set forth.
SECOND CAUSE OF ACTION
(Interference With Economic Relations)
13. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates
said allegations in this cause of action as if fully set forth herein.
14. Throughout the time mentioned in this complaint, the defendants, and each of them,
knew that plaintiff, and his associates, were, and are, engaged in the business of purchasing and
Complaint for Damages - 324
25
selling jewelry, and other items of value. The defendants, and each of them, knew that the
sources relied on by plaintiff for his purchases include, but are not limited to, garage sales, yard
sales, auctions, flea markets and private estate sales.
15. Defendants, and each of them, frequent the same venues for the same purpose as
plaintiff, and in competition with plaintiff.
16. For purposes of gaining an unfair bidding advantage over the plaintiff at these venues|
the defendants, and each of them, have engaged in the activities noted hereinabove, by reason of
which, plaintiff, and his associates have been banned from participating in the sales.
17. As a proximate result of being banned from the sales, together with other conduct of
the defendants, and each of them, plaintiff has been damaged in the sum of $100,000.00.
18. The aforementioned acts of the defendants and each of them, were willful, oppressive
and malicious. Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish the
defendants, and each of them, and make examples of them to the community at large.
19. Defendants, and each of them, threaten to, and unless restrained, will, continue to
disrupt other business relationships, to plaintiff's great and irreparable injury, for which damages
would not afford adequate relief, in that they would not completely compensate for the injury to
plaintiff's business reputation and goodwill.
WHEREFORE, plaintiff prays judgment against the defendants, and each of
them, as hereinafter set forth.
THIRD CAUSE OF ACTION
(Elder Abuse)
20. Plaintiff refers to each and every allegation of each paragraph set forth hereinabove,
and incorporates said allegations in this cause of action, as if fully set forth herein.
Complaint for Damages - 424
25
21. At all times mentioned herein, plaintiff was over 65 years of age, and as a result of
was and remains an "elder" within the meaning of Welf. & Inst. C § 15657.
22. At all times mentioned herein, defendants, and each of them, knew that plaintiff was
aged, and in doing the things hereinabove alleged, knowingly did those things in intentional
contravention of the rights of plaintiff as an elderly person, and in conscious exploitation of
financial wherewithal as an elder.
23. Notwithstanding such knowledge, and for the sake of monetary gain, defendants, and
each of them, consciously and knowingly subjected plaintiff to the actions alleged hereinabove,
based on defendant's motive of profiting from their misconduct, all to plaintiff's damage,
according to proof.
WHEREFORE, plaintiff prays judgment against defendants, and each of them, as
hereinafter set forth.
FOURTH CAUSE OF ACTION
(Conspiracy)
24. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates
said allegations in this cause of action as if fully set forth herein.
25. At all times mentioned herein, defendants, and each of them, knowingly and willfully
conspired and agreed among themselves that they would do the things against the plaintiff as
alleged hereinabove, and cause the damages to the plaintiff as alleged
26. Defendants, and each of them, did the acts and things herein alleged pursuant to, and
in furtherance of, the conspiracy and above-alleged agreement.
27. As a proximate result of the wrongful acts herein alleged, plaintiff has been generally
damaged in a sum according to proof.
Complaint for Damages - 524
25
28. Defendants, and each of them, did the things herein alleged maliciously and to
oppress plaintiff. Plaintiff is therefore entitled to exemplary or punitive damages in a sum
appropriate and sufficient to make examples of the defendants, and each of them, to the
community at large.
WHEREFORE, plaintiff prays judgment against defendants, and each of them, as
follows:
1, For general damages in the sum of $100,00.00;
2. For special damages in a sum according to proof;
3. For exemplary or punitive damages in a sum sufficient to make examples of the cross-
defendants, and each of them, to the community at large.
4. For an order requiring the defendants, and each of them, to show cause, if any they
have, why they should not be enjoined as set forth below the pendency of this action.
5. For a temporary restraining order, a preliminary injunction, and a permanent
injunction, enjoining the defendants, and each of them, from making any false
misrepresentations against the plaintiff, or otherwise harassing the plaintiff concerning his
business relationships.
6. For costs of suit incurred herein; and,
7. For such other and further relief as the court pay
Dated: 4/223] 7
GINOJ. MOLINARI
Attorney for Plaintiff
Complaint for Damages - 6. ii Fanart oY
3366 Twenty Second Street
San Francisco, CA 94110
- (415)863-3767 : (415)648-3130
seroma roves TIMOTHY A. BoNNrct™”*: 41>) F L
|SUPERIOR COURT OF CALIFORNIA, COUNTY oF SAN FRANCISCO
street aporess: 40() McAllister Street TN
MAILING ADDRESS: MAR 2 3 2017
cry ano zp cone: San Francisco, CA 94102
eranc name: Unlimited Jurisdiction CLERy FE
CASE NAME:
BONNICI v. McMACKIN
CIVIL CASE COVER SHEET
[4] untimited = [_] Limited
(Amount (Amount
Complex Case Designation
[5] counter [—] Joinder
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) i
items 1-6 below must be completed (see instructions on 2).
1. Check one box below for the case type that best describes this case:
‘Auto Tort Contract Provisionally Complex Civil Litigation
[_] Auto (22) J Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) LJ] Rule 3.740 collections (09) (1 antitrustrTrade regulation (03)
Other PUPDIWD (Personal Injury/Property L_] Other collections (09) [=] Construction defect (10)
Damage/Wrongful Death) Tort [__] insurance coverage (18) [21 ass tort (40)
[_] Asbestos (04) [1 other contract (37) [] securities ligation (28)
Product lability (24) Real Property LJ EnvironmentalToxic tort (30)
L__] Medical malpractice (45) [1 Eminent domaininverse [1 insurance coverage claims arising from the
[- other PuPDWD (23) condemnation (14) above listed provisionally complex case
Non-PUPDIWD (Other) Tort Wrongful eviction (33) types (41)
[J pusiness tortunfair business practice (07) L] other real property (26) Enforcement of Judgment
TJ ivi rights (08) Unlawful Detainer [1 Enforcement of judgment (20)
[¥] Defamation (13) L_] commercial (31) Miscellaneous Civil Complaint
LJ Fraud (16) L_] Residential (32) [J rico (27)
[1 intetiectual property (19) [J] pigs (38) J other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PUPD/WD tort (35) be! Pree nun aten award (11) Partnership and corporate govemance (21)
nt re: al set,
Ft ara termination (36) {J writ of mandate (02) [J oter (rot above) (43)
[1 other employment (15) Other judicial review (39)
2. This case CI is isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a] Large number of separately represented parties aC] Large number of witnesses
b.L_] Extensive motion practice raising difficult or novel e. Oo Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
C Oo Substantial amount of documentary evidence £. [2] substantia! postjudgment judicial supervision
. Remedies sought (check all that apply): alv] monetary b..
. Number of causes of action (specify): 4
. Thiscase [_Jis [¥Jisnot actass action suit.
If there are any known related cases, file and serve a notice of related case.
Date: March 23, 2017
GINO J. MOLINARI
(TYPE OR PRINT NAME)
nonmonetary; declaratory or injunctive relief c.|¥_|punitive
Ono
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
‘¢ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
* File this cover sheet in addition to any cover sheet required by local court rule.
* If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
© Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. tot
Fe Use = Gal Rules of Court, rules 2.90, 3.220, 3400-2408, 37
=e CIVIL CASE COVER SHEET es
‘CM-010 (Rev. July 1, 2007] ‘wonw.courtinfo.ca.gov*
© e CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Fillng First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attomey’s fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Compiex Cases. in complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. if a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22}-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful ) Claims involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach-Seller Securities
ion, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of At Negligent Breach of Contract! Insurance Coverage Claims
PUPDIWD (Personal Warranty (ari provisionally
Proven. ‘ re ) Other Breach of ContractWarranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case—Seller Plaintiff ‘Abstract of Judgment (Out of
Asbestos Personal injury/ Other Promissory Note/Coliections inty)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Subrogation Administrative Agency Award
Medical Malpractice— (not unpaid foxes) entyof
Physicians & Surgeons Other Contract (37) in of Eni
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PUPD/WD (23
Premises abt (eg., slip Eminent Domain/inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Oth coat (not specified
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Relief On
tentional i Declaratory ly
Ino atonal Disvoss Mortgage Foredesue ery Injunctive Relief Only (non-
Negligent infliction of Quiet Title Ms parecemnent
motional Distress. Other lechanics
Other PUPDIWD. peal Peopatty (not eminent her Commercial omant
Non-PUPDIWD (Other) Tort ) (non-tortinon-complex)
Business Tort/Unfair Business Untawful Detainer inet om onto alex)
Practice (07) Commercial (31) Miscellaneous Chill P
Civil Rights (e.g., discrimination, Residential (32) Partnership and C
false arrest) (not civil Drugs (38) (if the case involves Govemance ey ate
harassment) ( drugs, check this item; otherwise, Other Petition (not specified
Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43)
(13) Judicial Review Civil Harassment
Fraud (16) Asset Forfeiture (05) Workplace Violence
Intellectual Property (19) Patition Re: Arbitration Award (11) Elder/Dependent Adult
Professional Negligence (25) Writ of Mandate (02) ‘Abuse
Legal Malpractice Writ-Administrative Mandamus Election Contest
Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Chan
(not medical or legal) Case Matter Petition for Relief From Late
E ployne Non-PUPDIWD Tort (35) Writ-Other Limited Court Case Claim
imployment
Wrongful Termination (36) Other Judi Review (39) Other Civil Petition
Other Employment (15) Review of Health Order
Notice of Appeal-Labor
Commissioner Appeals
(©M-010 [Rev. July 1, 2007]
CIVIL CASE COVER SHEET
Page? of
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MO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-23-2017 11:52 am Case Number: CGC-17-557688 Filing Date: Mar-23-2017 11:46 Filed by: ROSSALY DELAVEGA Image: 05793738 COMPLAINT TIMOTHY A BONNICI VS. CHARLES MCMACKIN ET AL 001005793738 Instructions: Please place this sheet on top of the document to be scanned.SUM-100 SUMMONS FoR COURT USE ONLY (CITACION JUDICIAL) BNO ET) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): CHARLES McMACKIN, an individual, CARROLL HENRY, an individual, and DOES 1-20, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): TIMOTHY A. BONNICI, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. ‘You have 30 CALENDAR DAYS afer this summons and legal papers are served on you to file a written response at this court and have a copy Served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your ‘case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. if you do not file your response on time, you may lose the case by default, and your wages, money, and property Tiene 30 DIAS DE CALENDARIO después de que le entreguon esta citacién y papeles logales para presenter una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no Io protegen. ‘Su respuesta por escrito tiene que estar @n formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Colegio de abogados locales. AVISO: Por ey, la corte tiene derecho a reclamar las cuotas y fos castos exentos por imponer un grevaaee sobre cualquier recuperaci6n de $10,000 6 mas de valor recibida mediante un acuerdo 0 una concesién de ia un caso de derecho civil. Tiene que Pagar el gravamen de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: CASE UME ~ (El nombre y direccién de la corte es): oo“ ~ 55 SUPERIOR COURT OF CALIFORNIA, County of San Francisco 689 400 McAllister Street, San Francisco, CA 94102 The name, address, and telephone number of. plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el nimero de teléfono de! abogado del demandanto, (Fecha) ecreta (For proof of service of this summons, use Proof of Service of Summdng (form (Para prueba de entrega de esta citation use el formulario Proof of Servica 6 NOTICE TO THE PERSON SERVED: You are se 1. [1 as an individual defendant. | 3, CJ on behalf of (specify): under: [] CCP 416.10 (corporation) [) CCP 416.60 (minor) ([-) cep 416.20 (defunct corporation) L =] cep 416.70 (conservatee) (“] CCP 416.40 (association or partnership) [__] CCP 416.90 (authorized person) [J other (specify: 4. [7] by personal delivery on (date): __Page 1 of 4 Fo eer Use SUMMONS (Code of Civil Procedure §§ 412.20, 465 SUMEAOO [Rov uy 1 3000] ‘wane court.c8.90¥24 25 GINO J. MOLINARI, SB#086467 andl xX E Law Offices of Gino J. Molinari Couny Se 3366 Twenty Second Street MAp 29; San Francisco, CA 94110 2017 Telephone: (415)863-3767 py, Chey Facsimile: (415)648-3130 og Ry SUPERIOR COURT OF CALIFORNIA MT ay COUNTY OF SAN FRANCISCO (Unlimited Jurisdiction) TIMOTHY A. BONNICT, an Cae individual, 7 "55769 Plaintiff, Case No. Vv. Complaint for Damages; CHARLES McMACKIN, an Defamation; Interference With individual, CARROLL HENRY, Economic Relations; Elder Abuse; an individual, and DOES 1 to 20, Conspiracy inclusive, Defendants. Cross-complainant, TIMOTHY A. BONNICI, complains of defendants, and each of them, as follows: General Allegations 1. Defendant, CHARLES McMACKIN, is a resident of the City and County of San Francisco, California, and in doing the things as hereinafter alleged, acted in part in San Francisco, and in part throughout the nine Bay Area Counties. 2. Defendant, CARROLL HENRY, is a resident of the City of Daly City, County of San Mateo, State of California, and in doing the things as hereinafter alleged, acted in part in San Francisco County, and in part throughout the nine Bay Area Counties. Complaint for Damages - 124 25 3. Defendants Does 1 through 20, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to plaintiff. When their true names and capacities are ascertained, plaintiff will amend this complaint by inserting their true names and capacities herein. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff's damages as herein alleged were proximately caused by those defendants. Each reference in this complaint to "defendant", "defendants", or a specifically named defendant refers also to all defendants sued under fictitious names. 4. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned| each of the defendants, including all defendants sued under fictitious names, was the agent and employee of each of the remaining defendants, and in doing the things hereinafter alleged, was acting within the course and scope of this agency and employment. 5. The allegations of this complaint stated on information and belief are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. FIRST CAUSE OF ACTION (Defamation) 6. For the past 3 to 4 years, and continuing to date, the defendants, and each of them, have been spreading rumors and innuendo, and outright lies about the plaintiff referring to plaintiff's conduct as a buyer and seller of jewelry and other items of value, with the intent of leading other sellers to believe falsely that plaintiff, and plaintiff's associates, conduct their business in deceptive, illegal false and fraudulent manner. 7, Plaintiff is informed and believes, and thereon alleges, that some of the rumors and innuendo were published by the defendants, and each of them, in writing; but, such rumors and innuendo were most certainly published verbally. Complaint for Damages - 224 25 8. These publications, both in writing and verbally, were made of and concerning the plaintiff, and were so understood by those who read and heard the publications. 9. The entirety of these rumors, innuendo and lies were and are false as they pertain to plaintiff. 10. The above-described rumors, innuendo and lies constitute libel and slander, as applies, on their face. They clearly expose plaintiff to hatred, contempt, ridicule, and obloquy as relates to the intentional exclusion of plaintiff from the sales that over the years plaintiff has had the opportunity to attend along with the rest of the public, which opportunity is now denied him, as more specifically hereinafter described. 11. As a proximate result of the above-described publications, both written and verbal, plaintiff has suffered loss to his reputation, shame, mortification, and hurt feelings all to his general damages in the sum of $100,000.00 12. The above-described publications, both written and verbal, were published by the defendants, and each of them, with malice, oppression and fraud, and thus plaintiff seeks an award of punitive4 damages in a sum sufficient the punish the defendants, and each of them, and make examples of them to the community at large. WHEREFORE, cross-complainant prays judgment against the cross-defendants, and eacl of them, as hereinafter set forth. SECOND CAUSE OF ACTION (Interference With Economic Relations) 13. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates said allegations in this cause of action as if fully set forth herein. 14. Throughout the time mentioned in this complaint, the defendants, and each of them, knew that plaintiff, and his associates, were, and are, engaged in the business of purchasing and Complaint for Damages - 324 25 selling jewelry, and other items of value. The defendants, and each of them, knew that the sources relied on by plaintiff for his purchases include, but are not limited to, garage sales, yard sales, auctions, flea markets and private estate sales. 15. Defendants, and each of them, frequent the same venues for the same purpose as plaintiff, and in competition with plaintiff. 16. For purposes of gaining an unfair bidding advantage over the plaintiff at these venues| the defendants, and each of them, have engaged in the activities noted hereinabove, by reason of which, plaintiff, and his associates have been banned from participating in the sales. 17. As a proximate result of being banned from the sales, together with other conduct of the defendants, and each of them, plaintiff has been damaged in the sum of $100,000.00. 18. The aforementioned acts of the defendants and each of them, were willful, oppressive and malicious. Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish the defendants, and each of them, and make examples of them to the community at large. 19. Defendants, and each of them, threaten to, and unless restrained, will, continue to disrupt other business relationships, to plaintiff's great and irreparable injury, for which damages would not afford adequate relief, in that they would not completely compensate for the injury to plaintiff's business reputation and goodwill. WHEREFORE, plaintiff prays judgment against the defendants, and each of them, as hereinafter set forth. THIRD CAUSE OF ACTION (Elder Abuse) 20. Plaintiff refers to each and every allegation of each paragraph set forth hereinabove, and incorporates said allegations in this cause of action, as if fully set forth herein. Complaint for Damages - 424 25 21. At all times mentioned herein, plaintiff was over 65 years of age, and as a result of was and remains an "elder" within the meaning of Welf. & Inst. C § 15657. 22. At all times mentioned herein, defendants, and each of them, knew that plaintiff was aged, and in doing the things hereinabove alleged, knowingly did those things in intentional contravention of the rights of plaintiff as an elderly person, and in conscious exploitation of financial wherewithal as an elder. 23. Notwithstanding such knowledge, and for the sake of monetary gain, defendants, and each of them, consciously and knowingly subjected plaintiff to the actions alleged hereinabove, based on defendant's motive of profiting from their misconduct, all to plaintiff's damage, according to proof. WHEREFORE, plaintiff prays judgment against defendants, and each of them, as hereinafter set forth. FOURTH CAUSE OF ACTION (Conspiracy) 24. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates said allegations in this cause of action as if fully set forth herein. 25. At all times mentioned herein, defendants, and each of them, knowingly and willfully conspired and agreed among themselves that they would do the things against the plaintiff as alleged hereinabove, and cause the damages to the plaintiff as alleged 26. Defendants, and each of them, did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy and above-alleged agreement. 27. As a proximate result of the wrongful acts herein alleged, plaintiff has been generally damaged in a sum according to proof. Complaint for Damages - 524 25 28. Defendants, and each of them, did the things herein alleged maliciously and to oppress plaintiff. Plaintiff is therefore entitled to exemplary or punitive damages in a sum appropriate and sufficient to make examples of the defendants, and each of them, to the community at large. WHEREFORE, plaintiff prays judgment against defendants, and each of them, as follows: 1, For general damages in the sum of $100,00.00; 2. For special damages in a sum according to proof; 3. For exemplary or punitive damages in a sum sufficient to make examples of the cross- defendants, and each of them, to the community at large. 4. For an order requiring the defendants, and each of them, to show cause, if any they have, why they should not be enjoined as set forth below the pendency of this action. 5. For a temporary restraining order, a preliminary injunction, and a permanent injunction, enjoining the defendants, and each of them, from making any false misrepresentations against the plaintiff, or otherwise harassing the plaintiff concerning his business relationships. 6. For costs of suit incurred herein; and, 7. For such other and further relief as the court pay Dated: 4/223] 7 GINOJ. MOLINARI Attorney for Plaintiff Complaint for Damages - 6. ii Fanart oY 3366 Twenty Second Street San Francisco, CA 94110 - (415)863-3767 : (415)648-3130 seroma roves TIMOTHY A. BoNNrct™”*: 41>) F L |SUPERIOR COURT OF CALIFORNIA, COUNTY oF SAN FRANCISCO street aporess: 40() McAllister Street TN MAILING ADDRESS: MAR 2 3 2017 cry ano zp cone: San Francisco, CA 94102 eranc name: Unlimited Jurisdiction CLERy FE CASE NAME: BONNICI v. McMACKIN CIVIL CASE COVER SHEET [4] untimited = [_] Limited (Amount (Amount Complex Case Designation [5] counter [—] Joinder demanded demanded is Filed with first appearance by defendant exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) i items 1-6 below must be completed (see instructions on 2). 1. Check one box below for the case type that best describes this case: ‘Auto Tort Contract Provisionally Complex Civil Litigation [_] Auto (22) J Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) LJ] Rule 3.740 collections (09) (1 antitrustrTrade regulation (03) Other PUPDIWD (Personal Injury/Property L_] Other collections (09) [=] Construction defect (10) Damage/Wrongful Death) Tort [__] insurance coverage (18) [21 ass tort (40) [_] Asbestos (04) [1 other contract (37) [] securities ligation (28) Product lability (24) Real Property LJ EnvironmentalToxic tort (30) L__] Medical malpractice (45) [1 Eminent domaininverse [1 insurance coverage claims arising from the [- other PuPDWD (23) condemnation (14) above listed provisionally complex case Non-PUPDIWD (Other) Tort Wrongful eviction (33) types (41) [J pusiness tortunfair business practice (07) L] other real property (26) Enforcement of Judgment TJ ivi rights (08) Unlawful Detainer [1 Enforcement of judgment (20) [¥] Defamation (13) L_] commercial (31) Miscellaneous Civil Complaint LJ Fraud (16) L_] Residential (32) [J rico (27) [1 intetiectual property (19) [J] pigs (38) J other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PUPD/WD tort (35) be! Pree nun aten award (11) Partnership and corporate govemance (21) nt re: al set, Ft ara termination (36) {J writ of mandate (02) [J oter (rot above) (43) [1 other employment (15) Other judicial review (39) 2. This case CI is isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a] Large number of separately represented parties aC] Large number of witnesses b.L_] Extensive motion practice raising difficult or novel e. Oo Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court C Oo Substantial amount of documentary evidence £. [2] substantia! postjudgment judicial supervision . Remedies sought (check all that apply): alv] monetary b.. . Number of causes of action (specify): 4 . Thiscase [_Jis [¥Jisnot actass action suit. If there are any known related cases, file and serve a notice of related case. Date: March 23, 2017 GINO J. MOLINARI (TYPE OR PRINT NAME) nonmonetary; declaratory or injunctive relief c.|¥_|punitive Ono (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE ‘¢ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. * File this cover sheet in addition to any cover sheet required by local court rule. * If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. © Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. tot Fe Use = Gal Rules of Court, rules 2.90, 3.220, 3400-2408, 37 =e CIVIL CASE COVER SHEET es ‘CM-010 (Rev. July 1, 2007] ‘wonw.courtinfo.ca.gov* © e CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Fillng First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attomey’s fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Compiex Cases. in complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. if a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22}-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful ) Claims involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach-Seller Securities ion, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of At Negligent Breach of Contract! Insurance Coverage Claims PUPDIWD (Personal Warranty (ari provisionally Proven. ‘ re ) Other Breach of ContractWarranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff ‘Abstract of Judgment (Out of Asbestos Personal injury/ Other Promissory Note/Coliections inty) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations) toxic/environmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Subrogation Administrative Agency Award Medical Malpractice— (not unpaid foxes) entyof Physicians & Surgeons Other Contract (37) in of Eni Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PUPD/WD (23 Premises abt (eg., slip Eminent Domain/inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Oth coat (not specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Relief On tentional i Declaratory ly Ino atonal Disvoss Mortgage Foredesue ery Injunctive Relief Only (non- Negligent infliction of Quiet Title Ms parecemnent motional Distress. Other lechanics Other PUPDIWD. peal Peopatty (not eminent her Commercial omant Non-PUPDIWD (Other) Tort ) (non-tortinon-complex) Business Tort/Unfair Business Untawful Detainer inet om onto alex) Practice (07) Commercial (31) Miscellaneous Chill P Civil Rights (e.g., discrimination, Residential (32) Partnership and C false arrest) (not civil Drugs (38) (if the case involves Govemance ey ate harassment) ( drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) (13) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Patition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) ‘Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Chan (not medical or legal) Case Matter Petition for Relief From Late E ployne Non-PUPDIWD Tort (35) Writ-Other Limited Court Case Claim imployment Wrongful Termination (36) Other Judi Review (39) Other Civil Petition Other Employment (15) Review of Health Order Notice of Appeal-Labor Commissioner Appeals (©M-010 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page? of