Preview
NWN OA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-13-2015 2:07 pm
Case Number. CGC-15-543617
Filing Date: Jan-13-2015 2:04
Filed by: VICTORIA GONZALEZ
Juke Box: 001 Image: 04753053
COMPLAINT
NAJIB REBIA VS. AHMED ALGAHIM ET AL
001004753053
Instructions:
Please place this sheet on top of the document to be scanned.sum#ONs . : e@ SUM-100
(CITACION JUDICIAL) (SOLS Paka USO BELA CORTE)
NOTICE TO DEFENDANT: Ahmed Algahim, and DOES 1 to 20,
(AVISO AL DEMANDADO): inclusive
YOU ARE BEING SUED BY PLAINTIFF: Najib Rebia
(LO ESTA DEMANDANDO EL DEMANDANTE):
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 after 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
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
JAVISO! to han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacion a
continuacion
Tiene 30 DIAS DE CALENDARIO después de que Ie entreguen esta citacién y papeles legales para presentar 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
en 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.
Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en la corte que le quede més cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o el
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que
agar el gravamen de la corte antes de que la corte pueda desechar el caso.
Superior Court
400 McAllister
400 McAllister
San Francisco, CA 94104
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: .
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): /
R. Stephen Golstein, Esq. SBN083505 415-673-5600 415-673-5
1388 Sutter Street, Suite 1000
06
Victoria G
San Francisco, CA 94109
JAN 132015 CLERKOFTHECOURT Clerk, by
‘Secretario)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
OREO NOTICE TO THE PERSON SERVED: You are served
1. as an individual defendant.
2. as the person sued under the fictitious name of (specify):
3. on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416.90 (authorized person)
other (specify): .
4. by personal delivery on (date): Page 1 of 1
Form Adopted for Mandatory Use SUMMONS sciiffns Code of Civil Procedure §§ 412,20, 465
fe
Judicial Council of California
SUM-100 (Rev. July 1, 2009]‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State FOR COURT USE ONLY
R. Stephen Golstein, Esq.
1388 Sutter Street, Suite 1000
San Francisco, CA 94109
TELEPHONE NO: 415-673-5600 FAXNO. (Optiona): 415-673-5606
E-MAIL ADDRESS (Optiona): SGOLdstein@g3mh.com
ATTORNEY FOR (Name: Plaintiff Najib Rebia
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
streetappress: 400 McAllister
F
“aoe
maine aporess: 400 McAllister 1
cityanozpcooe: San Francisco, CA 94104 JAN 13.2015
seaNcnnane CLERK OF THE COURT
PLAINTIFF: Najib Rebia ‘ 07,
DEFENDANT; Ahmed Algahim
x] doesiTo 20, inclusive
CONTRACT
x_] COMPLAINT AMENDED COMPLAINT (Number):
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number):
jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE
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
from limited to unlimited
from unlimited to limited
4. Plaintiff* (name or names): Najib Rebia
CASE NUMBER:
0 -15-543617
alleges causes of action against defendant* (name ornames): Ahmed Algahim
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) L__] other (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):
c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each.defendant named above is a natural person
except defendant (name): 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
Fromm Approved fer Spine! Use COMPLAINT—Contract Code of Civil Procedure, § 425.12
PLD-C-001 [Rev. January 1, 2007) Sont nsSHORTTITLE: Rebia v. Riganil@ CASE NUMBER:
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) Lx] Doe defendants (specify Doe numbers): 1-10 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) [x_] Doe defendants (specify Doe numbers): 11-20 - are persons whose capacities are unknown to
plaintiff.
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 defendant entered into the contract here.
a defendant lived here when the contract was entered into.
x_] 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):
e>eagge
8. 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):
x] Breach of Contract
x_] Common Counts
Lx] Other (specify): Partnership Dissolution; Declaratory Relief - See attachment A
9. Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. [x] damages of: $
b. Lax] interest on the damages
(1) [x] according to proof
(2) at the rate of (specify): percent per year from (date):
c. Lx | attorney's fees.
(1) of: $
(2) Lx} according to proof.
d. other (specify):
11, The paragraphs of this pleading alleged on information and belief are as ff
Date: January 7, 2015
R. hen Gol i
(TYPE OR PRINT NAME)
PLD-C-001 (Rev. January 1, 2007] COMPLAINT—Contract Page 2 of 2PLD-C-004(2)
CASE NUMBER:
SHORT TITLE: Rebia v. Algahim
two (2) CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT TO [x] Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): Najib Rebia
alleges that defendant (name):Ahmed Algahim
became indebtedto [x] plaintiff other (name):
a. within the last four years
(1) on an 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 [x] two years four years
(1) Ge] for money had and recéived by defendant for the use and benefit of plaintiff.
i (2) for work, labor, services and materials rendered at the special instance and request of defendant
i and for which defendant promised to pay plaintiff
i the sum of $
i x | 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) 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):
in excess of
CC-2.$ 200,000 , which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus prejudgment interest according to proof [1] atthe rate of percent per year
from (date):
CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
CC-4. Other:
Page
age 1 of 1
inal Couel of Cllr CAUSE OF ACTION—Common Counts Cove fC Proce § 25-12
PLD-C-001(2) [Rev. January 1, 2009] ta nsSHORT TITLE: Rebia v. Algahim
i
1
i
1
i
ATTACHMENT (Number): A.
(This Attachment may be used with any Judicial Council form.)
CAUSE OF ACTION THREE (3): PARTNERSHIP DISSOLUTION
Defendant Algahim claims an interest in the restaurant business operated by plaintiff known as Zitouna, at the corner of Polk and
Sutter streets in San Francisco, based in part on a "Partnership Agreement" executed by the parties on April 4, 2014. Plaintiff contends
that the purported agreement is illusory, that it was formed without consideration paid by defendant, that it is otherwise unenforceable,
and that no partnership exists. To the extent the Court finds that a partnership exists, plaintiff seeks dissolution of the partnership and,
an accounting between the partners. The so-called Partnership Agreement also appears to be a release of former claims the parties had
against eachother. Plaintiff alleges that the release, if any, is void for lack of consideration, and was procured under duress and
coerced by defendant's fraud and oppression including but not limited to defendant's false promise to return monies he stole from the
partnership; and further to save the loss of the Zitouna lease by allocating some of the stolen monies to the payment of rent.
CAUSE OF ACTION FOUR (4): DECLARATORY RELIEF
Defendant Algahim claims an interest in the restaurant business operated by plaintiff known as Zitounia, at the corner of Polk and
Sutter streets in San Francisco, based in part on a “Partnership Agreement” executed by the parties on April 4, 2014, copy attached
hereto and incorporated by this reference. An actual controversy exists between the parties respecting the effect of this document.
Plaintiff contends that the purported agreement is illusory, that it was formed without consideration paid by defendant, and that it is
otherwise unenforceable. Defendant claims that the document establishes for him a partnership interest. Plaintiff seeks a judicial
declaration that no partnership exists under the terms of the said "Partnership Agreement" and that the so-called agreement is void for
lack of consideration and because it was fraudulenlty induced. coerced under duress; and is void and unenforceable.
CAUSE OF ACTION FIVE (5): ACCOUNTING.
During the course of their business relationship, defendant Algahim has had access to financial data pertaining to the operation of the
restaurant which he has withheld from plaintiff. Plaintiff is informed and believes and thereon alleges that defendant has siphoned off
monies from business revenues to which he was not entitled, and also has refused and failed to pay his share of joint obligations to
creditors and vendors. Plaintiff seeks an accounting of all such monies, and of such obligations.
CAUSE OF ACTION SIX (6): CONVERSION.
Prior to execution of the "Partnership Agreement," defendant took monies from the Zitouna cash register and used it for his own
private use. Defendant exercised unlawful control over money which was a partnership asset, for his own private use and benefit,
denying plaintiff his share.
(If the item that this Attachment concems is made under penalty of perjury, all statements in this Page __ of
Attachment are made under penalty of pemjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT
‘wears Rew 1, 2008) to Judicial Council Form SojtignsATTORNEY OR PARTY WITHOUT ATTORNEY (Name, jr number, and address):
[R. Stephen Golstein, Esq. SBN083505
1388 Sutter Street, Suite 1000
San Francisco, CA 94109
TELEPHONENO: 415-673-5600 Faxno: 415-673-5606
ATTORNEY FORWName): Plaintiff Najib Rebi
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess:400 McAllister
manine aopress:400 McAllister
ciryanpzip cove: San Francisco,
BRANCH NAME:
CASENAME: Rebia v. Algahim
CA 94104
4. Check one box below for the case type that best describes this case:
Auto Tort Contract
Auto (22) X_]| Breach of contract/warranty (06)
Uninsured motorist (46) Rule 3.740 collections (09)
Other PI/PD/WD (Personal Injury/Property he i
Damage/Wrongful Death) Tort Other collections (09)
Insurance coverage (18)
Asbestos (04) Other contract (37)
Product liability (24) Real Property
Medical malpractice (45) |__| Eminent domain/Inverse
Other PVPD/WD (23) condemnation (14)
Wrongful eviction (33)
Other real property (26)
Non-PI/PD/WD (Other) Tort
Business tort/unfair business practice (07)
Civil rights (08)
Untawful Detainer
Defamation (13) Commercial (31)
Fraud (16) Residential (32)
Intellectual property (19) Drugs (38)
Professional negligence (25) Judicial Review
Other non-PI/PD/WD tort (35) Asset forfeiture (05)
Employment Petition re: arbitration award (11)
Wrongful termination (36) Writ of mandate (02)
Le Other employment (15) Other judicial review (39)
2. This case is LxJisnot
factors requiring exceptional judicial management:
a. Large number of separately represented parties d.
b. Extensive motion practice raising difficult or novel e.
issues that will be time-consuming to resolve
c Substantial amount of documentary evidence f.
nonmonetayy
. Remedies sought (check all that apply): a. [x_] monetary b. x)
. Number of causes of action (specify): five (5)
. This case is [x] isnot aclass action suit.
Dad w
Date: January 7, 2015
R. Stephen Goldstein
(TYPE OR PRINT NAME)
NOTICE
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
other parties to the action or proceeding.
Form Adopied for Mandatory Use ~
‘Judicial Council of California
‘CM-010 (Rev. July 1, 2007)
~~ CIVIL CASE COVER SHEET
CIVIL CASE COVER SHEET Complex Case Designation
x Yatimited Limited Counter Joinder
mount mount Filed with first appearance by defendant
demanded demanded is
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402)
Items 1-6 below must be completed (see instructions on page 2).
« 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
e 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
© Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be use
FOR COURT USE ONLY
F deghaBe?
JAN 18.2016
CLERK OF THE COURT
oo
DEPT:
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
Antitrust/Trade regulation (03)
Construction defect (10)
Mass tort (40)
Securities litigation (28)
Environmental/Toxic tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
Enforcement of judgment (20)
Miscellaneous Civil Complaint
RICO (27)
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
Partnership and corporate governance (21)
Other petition (not specified above) (43)
complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
Large number of witnesses
Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
Substantial postjudgment judicial supervision
nctive relief c.
punitive
d for statistical purposes only. on
Court, rules 2.20, 3.220, 3 400-3.403, 3.740,
Cal, Rules of Court,
Cal. Standards of Judicial Administration, std. 3.10
a BsINSTRUGEON ON HOW.TO COMPLETE THE co SHEET cM-010
To Plaintiffs and Others Filing First Pi . 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 attorney'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 Complex 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
plaintiffs 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.
Auto Tort
Auto (22)—Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other Pi/PD/WD (Personal Injury/
Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PD/WD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PD/WD
(e.g., assault, vandalism)
Intentional infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PI/PD/WD
Non-PI/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.9., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
‘CM-O10 (Rev. July 4, 2007]
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach—Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case—Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment.
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Complaint
(non-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate.
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief from Late
Claim
Other Civil Petition
Page 2 of 2
Preview
NWN OA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-13-2015 2:07 pm Case Number. CGC-15-543617 Filing Date: Jan-13-2015 2:04 Filed by: VICTORIA GONZALEZ Juke Box: 001 Image: 04753053 COMPLAINT NAJIB REBIA VS. AHMED ALGAHIM ET AL 001004753053 Instructions: Please place this sheet on top of the document to be scanned.sum#ONs . : e@ SUM-100 (CITACION JUDICIAL) (SOLS Paka USO BELA CORTE) NOTICE TO DEFENDANT: Ahmed Algahim, and DOES 1 to 20, (AVISO AL DEMANDADO): inclusive YOU ARE BEING SUED BY PLAINTIFF: Najib Rebia (LO ESTA DEMANDANDO EL DEMANDANTE): 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 after 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 may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. JAVISO! to han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacion a continuacion Tiene 30 DIAS DE CALENDARIO después de que Ie entreguen esta citacién y papeles legales para presentar 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 en 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. Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede més cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podré quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que agar el gravamen de la corte antes de que la corte pueda desechar el caso. Superior Court 400 McAllister 400 McAllister San Francisco, CA 94104 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: . (El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): / R. Stephen Golstein, Esq. SBN083505 415-673-5600 415-673-5 1388 Sutter Street, Suite 1000 06 Victoria G San Francisco, CA 94109 JAN 132015 CLERKOFTHECOURT Clerk, by ‘Secretario) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). OREO NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (authorized person) other (specify): . 4. by personal delivery on (date): Page 1 of 1 Form Adopted for Mandatory Use SUMMONS sciiffns Code of Civil Procedure §§ 412,20, 465 fe Judicial Council of California SUM-100 (Rev. July 1, 2009]‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State FOR COURT USE ONLY R. Stephen Golstein, Esq. 1388 Sutter Street, Suite 1000 San Francisco, CA 94109 TELEPHONE NO: 415-673-5600 FAXNO. (Optiona): 415-673-5606 E-MAIL ADDRESS (Optiona): SGOLdstein@g3mh.com ATTORNEY FOR (Name: Plaintiff Najib Rebia ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streetappress: 400 McAllister F “aoe maine aporess: 400 McAllister 1 cityanozpcooe: San Francisco, CA 94104 JAN 13.2015 seaNcnnane CLERK OF THE COURT PLAINTIFF: Najib Rebia ‘ 07, DEFENDANT; Ahmed Algahim x] doesiTo 20, inclusive CONTRACT x_] COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE 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 from limited to unlimited from unlimited to limited 4. Plaintiff* (name or names): Najib Rebia CASE NUMBER: 0 -15-543617 alleges causes of action against defendant* (name ornames): Ahmed Algahim 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) L__] other (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): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each.defendant named above is a natural person except defendant (name): 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 Fromm Approved fer Spine! Use COMPLAINT—Contract Code of Civil Procedure, § 425.12 PLD-C-001 [Rev. January 1, 2007) Sont nsSHORTTITLE: Rebia v. Riganil@ CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) Lx] Doe defendants (specify Doe numbers): 1-10 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [x_] Doe defendants (specify Doe numbers): 11-20 - are persons whose capacities are unknown to plaintiff. 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 defendant entered into the contract here. a defendant lived here when the contract was entered into. x_] 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): e>eagge 8. 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): x] Breach of Contract x_] Common Counts Lx] Other (specify): Partnership Dissolution; Declaratory Relief - See attachment A 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [x] damages of: $ b. Lax] interest on the damages (1) [x] according to proof (2) at the rate of (specify): percent per year from (date): c. Lx | attorney's fees. (1) of: $ (2) Lx} according to proof. d. other (specify): 11, The paragraphs of this pleading alleged on information and belief are as ff Date: January 7, 2015 R. hen Gol i (TYPE OR PRINT NAME) PLD-C-001 (Rev. January 1, 2007] COMPLAINT—Contract Page 2 of 2PLD-C-004(2) CASE NUMBER: SHORT TITLE: Rebia v. Algahim two (2) CAUSE OF ACTION—Common Counts (number) ATTACHMENT TO [x] Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Najib Rebia alleges that defendant (name):Ahmed Algahim became indebtedto [x] plaintiff other (name): a. within the last four years (1) on an 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 [x] two years four years (1) Ge] for money had and recéived by defendant for the use and benefit of plaintiff. i (2) for work, labor, services and materials rendered at the special instance and request of defendant i and for which defendant promised to pay plaintiff i the sum of $ i x | 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) 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): in excess of CC-2.$ 200,000 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest according to proof [1] atthe rate of percent per year from (date): CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. Other: Page age 1 of 1 inal Couel of Cllr CAUSE OF ACTION—Common Counts Cove fC Proce § 25-12 PLD-C-001(2) [Rev. January 1, 2009] ta nsSHORT TITLE: Rebia v. Algahim i 1 i 1 i ATTACHMENT (Number): A. (This Attachment may be used with any Judicial Council form.) CAUSE OF ACTION THREE (3): PARTNERSHIP DISSOLUTION Defendant Algahim claims an interest in the restaurant business operated by plaintiff known as Zitouna, at the corner of Polk and Sutter streets in San Francisco, based in part on a "Partnership Agreement" executed by the parties on April 4, 2014. Plaintiff contends that the purported agreement is illusory, that it was formed without consideration paid by defendant, that it is otherwise unenforceable, and that no partnership exists. To the extent the Court finds that a partnership exists, plaintiff seeks dissolution of the partnership and, an accounting between the partners. The so-called Partnership Agreement also appears to be a release of former claims the parties had against eachother. Plaintiff alleges that the release, if any, is void for lack of consideration, and was procured under duress and coerced by defendant's fraud and oppression including but not limited to defendant's false promise to return monies he stole from the partnership; and further to save the loss of the Zitouna lease by allocating some of the stolen monies to the payment of rent. CAUSE OF ACTION FOUR (4): DECLARATORY RELIEF Defendant Algahim claims an interest in the restaurant business operated by plaintiff known as Zitounia, at the corner of Polk and Sutter streets in San Francisco, based in part on a “Partnership Agreement” executed by the parties on April 4, 2014, copy attached hereto and incorporated by this reference. An actual controversy exists between the parties respecting the effect of this document. Plaintiff contends that the purported agreement is illusory, that it was formed without consideration paid by defendant, and that it is otherwise unenforceable. Defendant claims that the document establishes for him a partnership interest. Plaintiff seeks a judicial declaration that no partnership exists under the terms of the said "Partnership Agreement" and that the so-called agreement is void for lack of consideration and because it was fraudulenlty induced. coerced under duress; and is void and unenforceable. CAUSE OF ACTION FIVE (5): ACCOUNTING. During the course of their business relationship, defendant Algahim has had access to financial data pertaining to the operation of the restaurant which he has withheld from plaintiff. Plaintiff is informed and believes and thereon alleges that defendant has siphoned off monies from business revenues to which he was not entitled, and also has refused and failed to pay his share of joint obligations to creditors and vendors. Plaintiff seeks an accounting of all such monies, and of such obligations. CAUSE OF ACTION SIX (6): CONVERSION. Prior to execution of the "Partnership Agreement," defendant took monies from the Zitouna cash register and used it for his own private use. Defendant exercised unlawful control over money which was a partnership asset, for his own private use and benefit, denying plaintiff his share. (If the item that this Attachment concems is made under penalty of perjury, all statements in this Page __ of Attachment are made under penalty of pemjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT ‘wears Rew 1, 2008) to Judicial Council Form SojtignsATTORNEY OR PARTY WITHOUT ATTORNEY (Name, jr number, and address): [R. Stephen Golstein, Esq. SBN083505 1388 Sutter Street, Suite 1000 San Francisco, CA 94109 TELEPHONENO: 415-673-5600 Faxno: 415-673-5606 ATTORNEY FORWName): Plaintiff Najib Rebi ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess:400 McAllister manine aopress:400 McAllister ciryanpzip cove: San Francisco, BRANCH NAME: CASENAME: Rebia v. Algahim CA 94104 4. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) X_]| Breach of contract/warranty (06) Uninsured motorist (46) Rule 3.740 collections (09) Other PI/PD/WD (Personal Injury/Property he i Damage/Wrongful Death) Tort Other collections (09) Insurance coverage (18) Asbestos (04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) |__| Eminent domain/Inverse Other PVPD/WD (23) condemnation (14) Wrongful eviction (33) Other real property (26) Non-PI/PD/WD (Other) Tort Business tort/unfair business practice (07) Civil rights (08) Untawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review Other non-PI/PD/WD tort (35) Asset forfeiture (05) Employment Petition re: arbitration award (11) Wrongful termination (36) Writ of mandate (02) Le Other employment (15) Other judicial review (39) 2. This case is LxJisnot factors requiring exceptional judicial management: a. Large number of separately represented parties d. b. Extensive motion practice raising difficult or novel e. issues that will be time-consuming to resolve c Substantial amount of documentary evidence f. nonmonetayy . Remedies sought (check all that apply): a. [x_] monetary b. x) . Number of causes of action (specify): five (5) . This case is [x] isnot aclass action suit. Dad w Date: January 7, 2015 R. Stephen Goldstein (TYPE OR PRINT NAME) NOTICE in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. other parties to the action or proceeding. Form Adopied for Mandatory Use ~ ‘Judicial Council of California ‘CM-010 (Rev. July 1, 2007) ~~ CIVIL CASE COVER SHEET CIVIL CASE COVER SHEET Complex Case Designation x Yatimited Limited Counter Joinder mount mount Filed with first appearance by defendant demanded demanded is exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) Items 1-6 below must be completed (see instructions on page 2). « 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 e 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 © Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be use FOR COURT USE ONLY F deghaBe? JAN 18.2016 CLERK OF THE COURT oo DEPT: Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (not specified above) (43) complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the Large number of witnesses Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court Substantial postjudgment judicial supervision nctive relief c. punitive d for statistical purposes only. on Court, rules 2.20, 3.220, 3 400-3.403, 3.740, Cal, Rules of Court, Cal. Standards of Judicial Administration, std. 3.10 a BsINSTRUGEON ON HOW.TO COMPLETE THE co SHEET cM-010 To Plaintiffs and Others Filing First Pi . 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 attorney'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 Complex 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 plaintiffs 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. Auto Tort Auto (22)—Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pi/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.9., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) ‘CM-O10 (Rev. July 4, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach—Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case—Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment. Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate. Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 of 2