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Case Number: CGC-06-448768
Filing Date: Jan-20-2006 3:16
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COMPLAINT
WORLDWIDE ASSET PURCHASING, LLC VS. MELANIA R BANIQUED et al
001001368047
Instructions:
Please place this sheet on top of the document to be scanned.SUMM LAS ~ 0802322
(CITACION JUDICIAL) SUM-100
FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO)
MELANIA R BANIQUED aka MELANIA BANIQUED;
and DOES I through X, inclusive.
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE)
WORLDWIDE ASSET PURCHASING, LLC
the plaintiff.
Thore may be
warning from the court.
There are other legal all an attorney referral
service. If you cani esnproft legal services program. You can locate these
nonprofit groups wg)’ the Califomia Courts Online SolfHelp Center
{www.courtinfo.ca.goviselfhelp), or by contacting your
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles logales para prosentar una respuesta Por escrito en esta corte
y hacer que se entrague una copia al demandante, ‘Una carta o una llamada Ilama “dion nao protegen, Su respuesta por escrito tiene que ost¢
nto. Caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta, Puede
Informacion en el Centro de Ayuda de las cortes di ifumia (www.courtinfo.ca.goviselfhelplespancl),
‘que le quede mas cerca. fa de presentacién, pida al secrotario dé la corte
tes ilame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar aun servicio de
ado, es posible que cumpla con los requisites pare Sbtener servicios legales gratuitos de un programa
Pe etieto. Puede encontrar estos sin fines de lucro on ol sitio ee te California Legal Services, (www.lawhelpcalifornia.org),
ot tinfo.ca.goviselfhelp/espanol) o poniénose en contacto con la corte o el colegio de abogados
locales.
ASE NUMBER:
The name and address of the court is: (E/ nombre y direccién de la corte es)
(wamero del Caso)
ae
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO-CIVIL DIVISION
"LIMITED CIVIL"
400 McAllister Street Room 103
san Francisco, CA 94102
The name, address, and telephone number of plaintiffs attomey, or ‘plaintiff without an attomey, is:
(El nombre, la direccion y ‘el numero de teléfono ‘del abogado del demandante, 0 del demandante que no tiene abogado,
es)
RORY W. CLARK, Esq. Bar #: 81682
Law Office of Rory W. Clark, APLC. (818)707-2733
5743 Corsa Avenue, Suite 215
Westlake Village, California 91362-6467 fl
DATE Clerk, by PARAM MATT j ‘ [ t ,
Deput on .
pep JAN 2.0 2006 Gordon Parte! (Secretario)
(Adjunto)
For proof of service of this summons, use Proof of Service of Sumner (form POS-010)).
(Para prueba de entrega de esta citation use el formulano Proof of Service of Summons, (POS-010)
Toe NOTICE TO THE PERSON SERVED: You are served .
4.[ Jasan individual defendant.
2\| _].as the person sued under the fictious name of (specify):
3.[ Jon behalf of (specify):
under: | ] CP 416.10 (corporation) [ ] ©CP416.60 (minor)
|] CGP 416.20 (defunct corporation) = |, CCP 416.70 (conservatee)
[| CCP416.40 (association or partnership) [ ] CCP 416.90 (individual)
[J other:
4.[ ] by petsonal delivery on (date):
Code of Civl Procedures §§ 412.20, 465
Form Adopted for Mandatory Use
Judicial Council of Cakfomi
‘SUM-100 [Rev. January 1, 2004]
SUIMMONS~ ORIGINAL
LAW OFFICE OF RORY W. CLARK
A PROFESSIONAL LAW CORPORATION
5743 CORSA AVENUE, SUITE 215
WESTLAKE VILLAGE, CA 91362-6467
(818) 707-2733 (775) 243-0916 fax BAR# 81682
Attorney for Plaintiff CASE MANAGEMENT CONFERENCE SST
way 2 6 2006 1 09 AM
DEPARTMENT 22
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, CIVIL DIVISION "LIMITED CIVIL"
10
11 | worLDWIDE ASSET PURCHASING, LLC , ) CASE NO Cat 05 bes:
)
2 Plaintiff, ) COMPLAINT FOR MONEY:
) CREDIT CARD AGREEMENT;
1B vs. } OPEN BOOK ACCOUNT;
}) ACCOUNT STATED; AND
ia MELANIA R BANIQUED aka MELANIA) REASONABLE VALUE.
BANIQUED; )
15 )
and DOES I through X, inclusive, ) DEMAND AMOUNT:
16 ) $12,384.41
Defendants. )
7 )
oe
18 )
19 Plaintiff alleges:
20
FIRST CAUSE OF ACTION
(Breach of Credit Card Agreement-5458000420912962-as to MELANIA R BANIQUED)
1. Plaintiff, WORLDWIDE ASSET PURCHASING, LLC, is now and was at all times
mentioned a Nevada Limited Liability company authorized to do and is engaged in doing business
in the State of California.
2. The truenames and capacities, whether individual, corporate, associate, or otherwise,
of Defendant(s) named in this action as DOES I through X, inclusive, are unknown to Plaintiff who
therefore sues Defendant(s) by such fictitious name(s). Plaintiff will amend this Complaint to show
their true names and capacities when they have been ascertained.
le
COMPLAINT FOR MONEY3. Prior to this action, and for a valuable consideration, METRIS COMPANIES, INC.
of which DIRECT MERCHANTS BANK is a subsidiary sold, assigned to WORLDWIDE ASSET
PURCHASING, LLC, all of its right, title and interest in the within claim and Plaintiff ever since
has been and now is the legal owner and holder of that claim. Plaintiff's assignor is now and was
at all times mentioned a national banking association organized and existing under and by virtue of
the laws of the United States of America, and is authorized to do so and is engaged in doing
business in the State of California.
4. Said action is not on a contract for installment payments for goods or services subject
to Civil Code Sections 1801, etc. (Unruh Act), nor is it on a conditional sales contract subject to
Civil Code Sections 2981, etc. (Rees-Levering Motor Vehicle Sale and Finance Act).
5. This action is subject to Code of Civil Procedure Section 395(b). Defendant(s)
is(are), and at all relevant times has/have been, resident(s) of, and the agreement was executed in,
the CIVIL DIVISION Judicial District, County of SAN FRANCISCO, State of California.
6. Plaintiff alleges that within four (4) years prior to the commencement of this action,
Defendants became indebted to Plaintiff's assignor in the sum of $12,384.41, and the obligation was
and is now due and payable in the County of SAN FRANCISCO, and this is the proper court and
venue for prosecution of this action.
7. Plaintiff alleges that, prior to commencement of this action, Plaintiff's assignor
delivered to Defendant(s), following Defendant’s(s’) written request, a credit card(s) accompanied
by a Customer Agreement. By accepting, signing and using said credit card(s), Defendant(s) agreed
to the various terms and conditions of use of said credit card(s) detailed therein. Among the several
terms and conditions, Defendant(s) agreed that charges made with the credit privileges extended to
them were due and payable immediately upon rendition of a monthly statement, and that if suit
became necessary to enforce payment of such charges, Defendant(s) would be liable for court costs
and reasonable attorney’s fees. Said agreement also provides for interest on delinquent accounts
calculated at 29.49% per annum of the delinquent amount.
2-
COMPLAINT FOR8. Plaintiff alleges that Defendant(s) accepted and used the credit privileges and agreed
to pay all charges pursuant to the Customer Agreement, that credit purchases were made by use of
the credit cards(s) in the sum of $12,384.41, and that on or about December 31, 2003, Plaintiff's
assignor rendered Defendants a monthly statement for that sum.
9. Plaintiff alleges that Plaintiff's assignor has duly performed everything on its part
to be performed under the terms ofthe agreement.
10. Defendant(s) has breached the Credit Card Agreement by failing to timely pay the
outstanding balance due. Demand has been made on Defendant(s) for payment of the sum of
$12,384.41. Defendant(s) has(have) paid $0.00 of that sum, representing a payment/credit on said
account, leaving a total outstanding balance due of $12,384.41, together with interest at the rate
of 29.49% per annum from December 31, 2003.
11. Plaintiff is further entitled to costs of suit, as determined by the court, and reasonable
attorney’s fees, all pursuant to the terms of the agreement referred to above.
SECOND CAUSE OF ACTION
(Open Book Account-5458000420912962-as to MELANIA R BANIQUED)
12. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs | through 6, inclusive, of the First Cause of Action.
13. Plaintiff alleges that Defendant(s) became and is(are) now indebted to Plaintiff in the
sum of $12,384.41, the balance due from Defendant(s) to PlaintifP's assignor on an Open Book
Account for goods, wares, and merchandise sold and delivered and services rendered to Defendants
at the request of Defendants. Defendant(s) has(have) paid $0.00 of that sum representing a
payment/credit, leaving a total outstanding principal balance due of $12,384.41, along with interest
calculated at ten percent (10%) per annum from December 31, 2003.
THIRD CAUSE OF ACTION
(Account Stated 54580004209 12962-as to MELANIA R BANIQUED)
14. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 6, inclusive of the First Cause of Action.
-3-
COMPLAINT FOR EY15. On or about December 31, 2003, an account was stated by and between Plaintiff's
assignor and Defendant(s), at which time it was found to be and there is now due from Defendant(s)
to Plaintiff, the sum of $12,384.41. The said account was stated in writing and it was agreed by
Plaintiff's assignor and Defendant(s) that Defendant(s) was(were) indebted to Plaintiff's assignor
and that, although demand has been made, no part of that sum has been paid except for the sum of
$0.00 representing a payment/credit said account, leaving a total outstanding principal balance due
of $12,384.41, along with interest calculated at ten percent (10%) per annum from December 31,
2003.
FOURTH CAUSE OF ACTION
(Reasonable Value of Goods Sold and Delivered 5458000420912962-as to MELANIA R BANIQUED)
16. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 6, inclusive of the First Cause of Action.
17. Plaintiff alleges that on or about December 31, 2003, Defendant(s) became and
is(are) now indebted to Plaintiff in the sum of $12,384.41 for goods, wares and merchandise sold
and delivered and services rendered to Defendant(s) at the request of Defendant(s); that the agreed
price and reasonable value of those goods is $12,384.41, and that although demand has been made,
no part of that sum has been paid except for the sum of $0.00, representing a payment/credit on said
account, leaving a total outstanding principal balance due of $12,384.41, along with interest
calculated at ten percent (10%) per annum from December 31, 2003.
WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows:
AS TO THE FIRST CAUSE OF ACTION:
1. Principal in the sum of $12,384.41, together with interest thereon at the rate of
29.49% per annum from December 31, 2003;
2. Reasonable attorney’s fees;
AS TO THE SECOND, THIRD, AND FOURTH CAUSES OF ACTION:
3. Principal in the sum of $12,384.41 together with interest therein at the rate of 10%
per annum from December 31, 2003;
-4-
COMPLAINT FORAS TO ALL CAUSES OF ACTION:
4. Costs of suit incurred in this action; and
5. Such other and further relief as the Court may deem proper. /
yi)
iy}
qo.
By: 1 ea
DEC 27 2005 ROBY W. CLARK, Esq.
Attorney for Plaintiff
-5-
OMPLAINT FOR MONEY
CcA BF Bw N
DECLARATION OF VENUE
I, the undersigned, declare:
1. Tam the attorney for Plaintiff in this action.
2. The above-entitled action is subject to the provisions of Code of Civil Procedure
Section 395(b).
3. Venue for this action is proper in the above-entitled Court because at the
commencement of this action, one or more of the named Defendants resided in this Judicial District.
4. If called as a witness, I would competently so testify.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on December 27, 2005, at Westlake Village, California. 4
/
Ri W. CLARK, Esq.
Attorney for Plaintiff
By:
6-
COMPLAINT FOR MONEY
Preview
OVULNAROO OWL San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Jan-20-2006 3:23 pm Case Number: CGC-06-448768 Filing Date: Jan-20-2006 3:16 Juke Box: 001 Image: 01 368047 COMPLAINT WORLDWIDE ASSET PURCHASING, LLC VS. MELANIA R BANIQUED et al 001001368047 Instructions: Please place this sheet on top of the document to be scanned.SUMM LAS ~ 0802322 (CITACION JUDICIAL) SUM-100 FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO) MELANIA R BANIQUED aka MELANIA BANIQUED; and DOES I through X, inclusive. YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE) WORLDWIDE ASSET PURCHASING, LLC the plaintiff. Thore may be warning from the court. There are other legal all an attorney referral service. If you cani esnproft legal services program. You can locate these nonprofit groups wg)’ the Califomia Courts Online SolfHelp Center {www.courtinfo.ca.goviselfhelp), or by contacting your Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles logales para prosentar una respuesta Por escrito en esta corte y hacer que se entrague una copia al demandante, ‘Una carta o una llamada Ilama “dion nao protegen, Su respuesta por escrito tiene que ost¢ nto. Caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta, Puede Informacion en el Centro de Ayuda de las cortes di ifumia (www.courtinfo.ca.goviselfhelplespancl), ‘que le quede mas cerca. fa de presentacién, pida al secrotario dé la corte tes ilame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar aun servicio de ado, es posible que cumpla con los requisites pare Sbtener servicios legales gratuitos de un programa Pe etieto. Puede encontrar estos sin fines de lucro on ol sitio ee te California Legal Services, (www.lawhelpcalifornia.org), ot tinfo.ca.goviselfhelp/espanol) o poniénose en contacto con la corte o el colegio de abogados locales. ASE NUMBER: The name and address of the court is: (E/ nombre y direccién de la corte es) (wamero del Caso) ae SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO-CIVIL DIVISION "LIMITED CIVIL" 400 McAllister Street Room 103 san Francisco, CA 94102 The name, address, and telephone number of plaintiffs attomey, or ‘plaintiff without an attomey, is: (El nombre, la direccion y ‘el numero de teléfono ‘del abogado del demandante, 0 del demandante que no tiene abogado, es) RORY W. CLARK, Esq. Bar #: 81682 Law Office of Rory W. Clark, APLC. (818)707-2733 5743 Corsa Avenue, Suite 215 Westlake Village, California 91362-6467 fl DATE Clerk, by PARAM MATT j ‘ [ t , Deput on . pep JAN 2.0 2006 Gordon Parte! (Secretario) (Adjunto) For proof of service of this summons, use Proof of Service of Sumner (form POS-010)). (Para prueba de entrega de esta citation use el formulano Proof of Service of Summons, (POS-010) Toe NOTICE TO THE PERSON SERVED: You are served . 4.[ Jasan individual defendant. 2\| _].as the person sued under the fictious name of (specify): 3.[ Jon behalf of (specify): under: | ] CP 416.10 (corporation) [ ] ©CP416.60 (minor) |] CGP 416.20 (defunct corporation) = |, CCP 416.70 (conservatee) [| CCP416.40 (association or partnership) [ ] CCP 416.90 (individual) [J other: 4.[ ] by petsonal delivery on (date): Code of Civl Procedures §§ 412.20, 465 Form Adopted for Mandatory Use Judicial Council of Cakfomi ‘SUM-100 [Rev. January 1, 2004] SUIMMONS~ ORIGINAL LAW OFFICE OF RORY W. CLARK A PROFESSIONAL LAW CORPORATION 5743 CORSA AVENUE, SUITE 215 WESTLAKE VILLAGE, CA 91362-6467 (818) 707-2733 (775) 243-0916 fax BAR# 81682 Attorney for Plaintiff CASE MANAGEMENT CONFERENCE SST way 2 6 2006 1 09 AM DEPARTMENT 22 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO, CIVIL DIVISION "LIMITED CIVIL" 10 11 | worLDWIDE ASSET PURCHASING, LLC , ) CASE NO Cat 05 bes: ) 2 Plaintiff, ) COMPLAINT FOR MONEY: ) CREDIT CARD AGREEMENT; 1B vs. } OPEN BOOK ACCOUNT; }) ACCOUNT STATED; AND ia MELANIA R BANIQUED aka MELANIA) REASONABLE VALUE. BANIQUED; ) 15 ) and DOES I through X, inclusive, ) DEMAND AMOUNT: 16 ) $12,384.41 Defendants. ) 7 ) oe 18 ) 19 Plaintiff alleges: 20 FIRST CAUSE OF ACTION (Breach of Credit Card Agreement-5458000420912962-as to MELANIA R BANIQUED) 1. Plaintiff, WORLDWIDE ASSET PURCHASING, LLC, is now and was at all times mentioned a Nevada Limited Liability company authorized to do and is engaged in doing business in the State of California. 2. The truenames and capacities, whether individual, corporate, associate, or otherwise, of Defendant(s) named in this action as DOES I through X, inclusive, are unknown to Plaintiff who therefore sues Defendant(s) by such fictitious name(s). Plaintiff will amend this Complaint to show their true names and capacities when they have been ascertained. le COMPLAINT FOR MONEY3. Prior to this action, and for a valuable consideration, METRIS COMPANIES, INC. of which DIRECT MERCHANTS BANK is a subsidiary sold, assigned to WORLDWIDE ASSET PURCHASING, LLC, all of its right, title and interest in the within claim and Plaintiff ever since has been and now is the legal owner and holder of that claim. Plaintiff's assignor is now and was at all times mentioned a national banking association organized and existing under and by virtue of the laws of the United States of America, and is authorized to do so and is engaged in doing business in the State of California. 4. Said action is not on a contract for installment payments for goods or services subject to Civil Code Sections 1801, etc. (Unruh Act), nor is it on a conditional sales contract subject to Civil Code Sections 2981, etc. (Rees-Levering Motor Vehicle Sale and Finance Act). 5. This action is subject to Code of Civil Procedure Section 395(b). Defendant(s) is(are), and at all relevant times has/have been, resident(s) of, and the agreement was executed in, the CIVIL DIVISION Judicial District, County of SAN FRANCISCO, State of California. 6. Plaintiff alleges that within four (4) years prior to the commencement of this action, Defendants became indebted to Plaintiff's assignor in the sum of $12,384.41, and the obligation was and is now due and payable in the County of SAN FRANCISCO, and this is the proper court and venue for prosecution of this action. 7. Plaintiff alleges that, prior to commencement of this action, Plaintiff's assignor delivered to Defendant(s), following Defendant’s(s’) written request, a credit card(s) accompanied by a Customer Agreement. By accepting, signing and using said credit card(s), Defendant(s) agreed to the various terms and conditions of use of said credit card(s) detailed therein. Among the several terms and conditions, Defendant(s) agreed that charges made with the credit privileges extended to them were due and payable immediately upon rendition of a monthly statement, and that if suit became necessary to enforce payment of such charges, Defendant(s) would be liable for court costs and reasonable attorney’s fees. Said agreement also provides for interest on delinquent accounts calculated at 29.49% per annum of the delinquent amount. 2- COMPLAINT FOR8. Plaintiff alleges that Defendant(s) accepted and used the credit privileges and agreed to pay all charges pursuant to the Customer Agreement, that credit purchases were made by use of the credit cards(s) in the sum of $12,384.41, and that on or about December 31, 2003, Plaintiff's assignor rendered Defendants a monthly statement for that sum. 9. Plaintiff alleges that Plaintiff's assignor has duly performed everything on its part to be performed under the terms ofthe agreement. 10. Defendant(s) has breached the Credit Card Agreement by failing to timely pay the outstanding balance due. Demand has been made on Defendant(s) for payment of the sum of $12,384.41. Defendant(s) has(have) paid $0.00 of that sum, representing a payment/credit on said account, leaving a total outstanding balance due of $12,384.41, together with interest at the rate of 29.49% per annum from December 31, 2003. 11. Plaintiff is further entitled to costs of suit, as determined by the court, and reasonable attorney’s fees, all pursuant to the terms of the agreement referred to above. SECOND CAUSE OF ACTION (Open Book Account-5458000420912962-as to MELANIA R BANIQUED) 12. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs | through 6, inclusive, of the First Cause of Action. 13. Plaintiff alleges that Defendant(s) became and is(are) now indebted to Plaintiff in the sum of $12,384.41, the balance due from Defendant(s) to PlaintifP's assignor on an Open Book Account for goods, wares, and merchandise sold and delivered and services rendered to Defendants at the request of Defendants. Defendant(s) has(have) paid $0.00 of that sum representing a payment/credit, leaving a total outstanding principal balance due of $12,384.41, along with interest calculated at ten percent (10%) per annum from December 31, 2003. THIRD CAUSE OF ACTION (Account Stated 54580004209 12962-as to MELANIA R BANIQUED) 14. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 6, inclusive of the First Cause of Action. -3- COMPLAINT FOR EY15. On or about December 31, 2003, an account was stated by and between Plaintiff's assignor and Defendant(s), at which time it was found to be and there is now due from Defendant(s) to Plaintiff, the sum of $12,384.41. The said account was stated in writing and it was agreed by Plaintiff's assignor and Defendant(s) that Defendant(s) was(were) indebted to Plaintiff's assignor and that, although demand has been made, no part of that sum has been paid except for the sum of $0.00 representing a payment/credit said account, leaving a total outstanding principal balance due of $12,384.41, along with interest calculated at ten percent (10%) per annum from December 31, 2003. FOURTH CAUSE OF ACTION (Reasonable Value of Goods Sold and Delivered 5458000420912962-as to MELANIA R BANIQUED) 16. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 6, inclusive of the First Cause of Action. 17. Plaintiff alleges that on or about December 31, 2003, Defendant(s) became and is(are) now indebted to Plaintiff in the sum of $12,384.41 for goods, wares and merchandise sold and delivered and services rendered to Defendant(s) at the request of Defendant(s); that the agreed price and reasonable value of those goods is $12,384.41, and that although demand has been made, no part of that sum has been paid except for the sum of $0.00, representing a payment/credit on said account, leaving a total outstanding principal balance due of $12,384.41, along with interest calculated at ten percent (10%) per annum from December 31, 2003. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: AS TO THE FIRST CAUSE OF ACTION: 1. Principal in the sum of $12,384.41, together with interest thereon at the rate of 29.49% per annum from December 31, 2003; 2. Reasonable attorney’s fees; AS TO THE SECOND, THIRD, AND FOURTH CAUSES OF ACTION: 3. Principal in the sum of $12,384.41 together with interest therein at the rate of 10% per annum from December 31, 2003; -4- COMPLAINT FORAS TO ALL CAUSES OF ACTION: 4. Costs of suit incurred in this action; and 5. Such other and further relief as the Court may deem proper. / yi) iy} qo. By: 1 ea DEC 27 2005 ROBY W. CLARK, Esq. Attorney for Plaintiff -5- OMPLAINT FOR MONEY CcA BF Bw N DECLARATION OF VENUE I, the undersigned, declare: 1. Tam the attorney for Plaintiff in this action. 2. The above-entitled action is subject to the provisions of Code of Civil Procedure Section 395(b). 3. Venue for this action is proper in the above-entitled Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District. 4. If called as a witness, I would competently so testify. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 27, 2005, at Westlake Village, California. 4 / Ri W. CLARK, Esq. Attorney for Plaintiff By: 6- COMPLAINT FOR MONEY