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1 Gary F. Redenbacher (State Bar # 151637)
REDENBACHER & BROWN
2 PO Box 66134
Scotts Valley, California 95067
3 Phone: 831-439-8821
4
5 Attorneys for Plaintiff
6
7
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SANTA CRUZ
10
11
LAS ANIMAS CONCRETE & BUILDING Case No.
12 SUPPLY, INC.,
COMPLAINT FOR OPEN BOOK
13 Plaintiff, ACCOUNT and ACCOUNT STATED
v.
14
FELIPE MARIANO dba MARIANO’S
15 CONCRETE CONSTRUCTION and DOE 1
through 20, inclusive,
16
Defendants.
17
18 Plaintiff Las Animas Concrete & Building Supply, Inc. alleges the following:
19 1. Plaintiff Las Animas Concrete & Building Supply, Inc. (Las Animas) is a corporation
20 qualified to do business in California and doing business in Santa Cruz County and Monterey
21 County. Las Animas has complied with all fictitious business name laws.
22 2. Defendant Felipe Mariano is a natural person residing in Hollister, California, doing
23 business as Mariano’s Concrete Construction with its principal place of business in San Benito
24 County.
25 3. The true names and capacities, whether individual, corporate, associate or otherwise, of
26 defendants sued as Doe 1 through 20, inclusive, are unknown by plaintiff at this time, who
27 therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to
28 allege the true names and capacities of these defendants when they are ascertained. 1
COMPLAINT FOR OPEN BOOK ACCOUNT, ACCOUNT STATED
1
4. Plaintiff is informed and believes and on that basis alleges that each such fictitiously named
2
defendant is responsible in some manner for the occurrences alleged, and that plaintiff’s injuries as
3
alleged were proximately caused by these defendants’ acts.
4
5. Plaintiff is informed and believes and thereon alleges that each of the defendants was the
5
agent of the other and that at all times mentioned, defendants, and each of them, were acting as
6
agents, servants and employees of each of the remaining defendants and were acting within the
7
course and scope of such agency, service and employment.
8
6. The action is filed in this county because defendant Felipe Mariano opened a credit account
9
with plaintiff in Santa Cruz County and the breach occurred in Santa Cruz County.
10
11
FIRST CAUSE OF ACTION
12 Account Stated as against all defendants
13
7. Plaintiff re-alleges and incorporates previous paragraphs.
14
8. Defendants became indebted to Las Animas within the last four years on an open book
15
account for monies due and owing for merchandise delivered by Las Animas to defendants.
16 9. On or about October 31, 2022, an account was stated in writing by and between Las
17 Animas and defendants and on such statement a balance of $30,999.40 was found due from
18 defendants to Las Animas. Attached and incorporated by reference as Exhibit A is a true and
19 correct copy of a statement of account itemizing the monies due and owing from defendants to Las
20 Animas.
21 10. Las Animas sent Exhibit A, but dated October 31, 2022, to defendants who failed to
22 object.
23 11. Defendants impliedly and/or expressly manifested their assent to Exhibit A as an accurate
24 computation of monies due and owing from them to Las Animas.
25 12. Defendants have failed and refused to pay any part of the agreed balance despite demand
26 by Las Animas.
27 13. There is now due, owing, and unpaid from defendants to Las Animas the sum of
28 2
COMPLAINT FOR OPEN BOOK ACCOUNT, ACCOUNT STATED
1
$30,999.40, together with interest at the rate of 18.0% per year from and after November 1, 2022.
2
14. Las Animas has incurred attorney’s fees in connection with this matter and is entitled to
3
reasonable attorney’s fees, expenses and costs pursuant to an agreement between itself and
4
defendants, such fees to be according to proof.
5
SECOND CAUSE OF ACTION
6
Open Book Account as against all defendants
7
15. Plaintiff re-alleges and incorporates paragraphs 1 through 14.
8
16. Within the last two years, defendants became indebted to Las Animas on an open book
9
account for money due in the sum of $30,999.40 for merchandise sold and delivered by Las
10
Animas to defendants at their special instance and request and for which defendants agreed to pay
11
the above sum, as set forth in the credit application attached as Exhibit B.
12
17. Neither the whole nor any part of the above sum has been paid, although a demand
13
therefore has been made, and there is now due, owing, and unpaid the sum of $30,999.40, with
14
interest at the rate of 18.0% percent per annum from November 1, 2022, as set forth on Exhibit A.
15
16
WHEREFORE, Las Animas Concrete Building & Supply, Inc.. prays on all causes of action
17
against all defendants for:
18
1. Costs and expenses of suit;
19
2. Damages of $30,999.40;
20
3. All interest that is available under the law or by contract;
21
4. Such other relief as is fair, just, and equitable.
22
On the first cause of action:
23
5. Attorney’s fees in an amount to be proven at trial.
24
Date: November 9, 2022 REDENBACHER & BROWN
25
26
By _____________/s/_________________
27
Gary Redenbacher, Attorney for Plaintiff
28 3
COMPLAINT FOR OPEN BOOK ACCOUNT, ACCOUNT STATED
EXHIBIT A
Customer Statement
Statement Date: 11/09/2022
Printed Date: 11/09/2022
Customer: MARCC I
Page: 1
Amount Paid:
------
Bill To: Mariano's Concrete Construction Date Paid:
------
369 Marks Or
Hollister, CA 95023 Check Number:
------
Transaction Date uue Date Invoice qescription Amount Balance
02/28/2022 03/30/2022 170284 SUN CREST 1,665.49 555.74
02/28/2022 02/28/2022 170333 Finance Charge 120.95 120.95
03/09/2022 01/03/2023 170613 210 SUNCREST LANE 2,016.50 2,016.50
03/17/2022 04/16/2022 170837 210 SUNCREST DR 1,311.45 1,311 .45
03/31/2022 04/30/2022 171208 126 PENGUIN CT 1,076.31 1,076.31
03/31/2022 03/31/2022 171245 Finance Charge 302.97 302.97
04/06/2022 05/06/2022 171404 141 CHIMNEY CREEK RD 869.40 869.40
04/07/2022 05/07/2022 171449 126 PENGUIN DR 1,442.10 1,442.10
04/30/2022 04/30/2022 172084 Finance Charge 322.64 322.64
05/02/2022 06/01/2022 172132 126 PENGUIN CT 991.18 991.18
05116/2022 06/15/2022 172496 BACK RANDH RD 1,807.33 1,807.33
05/17/2022 06/16/2022 172535 BACK RANCH RD 1,785.06 1,785.06
05/24/2022 06/23/2022 172778 126 PENGUIN CT 4,341.30 4,341.30
05/31/2022 05/31/2022 172958 Finance Charge 224.69 224.69
06/01/2022 07/01/2022 173014 2285 BACK RANCH RD 4,316.40 4,316.40
06/21/2022 07/21/2022 173489 MARCC 458.74 458.74
06/27/2022 07/27/2022 173686 2,884.20 2,884.20
126 Pt.NGUIN CT
06/30/2022 06/30/2022 173836 Finane Charge 212.70 212.70
07/12/2022 08/11/2022 174084 2285 ACK RANCH RD 3,873.34 3,873.34
07/20/2022 08/19/2022 174300 1715 ELAWARE 575.82 575.82
07/31/2022 07/31/2022 174598 Finan/151 DBA:
I
BiUing Address:
'}_6_t_J_./11a./t_5 d-r · j@/r:J/er Ca. ~ 95()2,
Street City State Zip
Mailing Address:
I
State Zip
Business Phone:
Street
$?"]_/_ 2~15~ 1)~ clll Phone:
City
A Phone: 75'}/ 2 ) '} ~'fftf{ Fax:
Company Name: JCe!lt
y-
C 0 Jl 5/.r f/C ~;0 lfJ Phone: tto '1"
Preview
1 Gary F. Redenbacher (State Bar # 151637) REDENBACHER & BROWN 2 PO Box 66134 Scotts Valley, California 95067 3 Phone: 831-439-8821 4 5 Attorneys for Plaintiff 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 LAS ANIMAS CONCRETE & BUILDING Case No. 12 SUPPLY, INC., COMPLAINT FOR OPEN BOOK 13 Plaintiff, ACCOUNT and ACCOUNT STATED v. 14 FELIPE MARIANO dba MARIANO’S 15 CONCRETE CONSTRUCTION and DOE 1 through 20, inclusive, 16 Defendants. 17 18 Plaintiff Las Animas Concrete & Building Supply, Inc. alleges the following: 19 1. Plaintiff Las Animas Concrete & Building Supply, Inc. (Las Animas) is a corporation 20 qualified to do business in California and doing business in Santa Cruz County and Monterey 21 County. Las Animas has complied with all fictitious business name laws. 22 2. Defendant Felipe Mariano is a natural person residing in Hollister, California, doing 23 business as Mariano’s Concrete Construction with its principal place of business in San Benito 24 County. 25 3. The true names and capacities, whether individual, corporate, associate or otherwise, of 26 defendants sued as Doe 1 through 20, inclusive, are unknown by plaintiff at this time, who 27 therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to 28 allege the true names and capacities of these defendants when they are ascertained. 1 COMPLAINT FOR OPEN BOOK ACCOUNT, ACCOUNT STATED 1 4. Plaintiff is informed and believes and on that basis alleges that each such fictitiously named 2 defendant is responsible in some manner for the occurrences alleged, and that plaintiff’s injuries as 3 alleged were proximately caused by these defendants’ acts. 4 5. Plaintiff is informed and believes and thereon alleges that each of the defendants was the 5 agent of the other and that at all times mentioned, defendants, and each of them, were acting as 6 agents, servants and employees of each of the remaining defendants and were acting within the 7 course and scope of such agency, service and employment. 8 6. The action is filed in this county because defendant Felipe Mariano opened a credit account 9 with plaintiff in Santa Cruz County and the breach occurred in Santa Cruz County. 10 11 FIRST CAUSE OF ACTION 12 Account Stated as against all defendants 13 7. Plaintiff re-alleges and incorporates previous paragraphs. 14 8. Defendants became indebted to Las Animas within the last four years on an open book 15 account for monies due and owing for merchandise delivered by Las Animas to defendants. 16 9. On or about October 31, 2022, an account was stated in writing by and between Las 17 Animas and defendants and on such statement a balance of $30,999.40 was found due from 18 defendants to Las Animas. Attached and incorporated by reference as Exhibit A is a true and 19 correct copy of a statement of account itemizing the monies due and owing from defendants to Las 20 Animas. 21 10. Las Animas sent Exhibit A, but dated October 31, 2022, to defendants who failed to 22 object. 23 11. Defendants impliedly and/or expressly manifested their assent to Exhibit A as an accurate 24 computation of monies due and owing from them to Las Animas. 25 12. Defendants have failed and refused to pay any part of the agreed balance despite demand 26 by Las Animas. 27 13. There is now due, owing, and unpaid from defendants to Las Animas the sum of 28 2 COMPLAINT FOR OPEN BOOK ACCOUNT, ACCOUNT STATED 1 $30,999.40, together with interest at the rate of 18.0% per year from and after November 1, 2022. 2 14. Las Animas has incurred attorney’s fees in connection with this matter and is entitled to 3 reasonable attorney’s fees, expenses and costs pursuant to an agreement between itself and 4 defendants, such fees to be according to proof. 5 SECOND CAUSE OF ACTION 6 Open Book Account as against all defendants 7 15. Plaintiff re-alleges and incorporates paragraphs 1 through 14. 8 16. Within the last two years, defendants became indebted to Las Animas on an open book 9 account for money due in the sum of $30,999.40 for merchandise sold and delivered by Las 10 Animas to defendants at their special instance and request and for which defendants agreed to pay 11 the above sum, as set forth in the credit application attached as Exhibit B. 12 17. Neither the whole nor any part of the above sum has been paid, although a demand 13 therefore has been made, and there is now due, owing, and unpaid the sum of $30,999.40, with 14 interest at the rate of 18.0% percent per annum from November 1, 2022, as set forth on Exhibit A. 15 16 WHEREFORE, Las Animas Concrete Building & Supply, Inc.. prays on all causes of action 17 against all defendants for: 18 1. Costs and expenses of suit; 19 2. Damages of $30,999.40; 20 3. All interest that is available under the law or by contract; 21 4. Such other relief as is fair, just, and equitable. 22 On the first cause of action: 23 5. Attorney’s fees in an amount to be proven at trial. 24 Date: November 9, 2022 REDENBACHER & BROWN 25 26 By _____________/s/_________________ 27 Gary Redenbacher, Attorney for Plaintiff 28 3 COMPLAINT FOR OPEN BOOK ACCOUNT, ACCOUNT STATED EXHIBIT A Customer Statement Statement Date: 11/09/2022 Printed Date: 11/09/2022 Customer: MARCC I Page: 1 Amount Paid: ------ Bill To: Mariano's Concrete Construction Date Paid: ------ 369 Marks Or Hollister, CA 95023 Check Number: ------ Transaction Date uue Date Invoice qescription Amount Balance 02/28/2022 03/30/2022 170284 SUN CREST 1,665.49 555.74 02/28/2022 02/28/2022 170333 Finance Charge 120.95 120.95 03/09/2022 01/03/2023 170613 210 SUNCREST LANE 2,016.50 2,016.50 03/17/2022 04/16/2022 170837 210 SUNCREST DR 1,311.45 1,311 .45 03/31/2022 04/30/2022 171208 126 PENGUIN CT 1,076.31 1,076.31 03/31/2022 03/31/2022 171245 Finance Charge 302.97 302.97 04/06/2022 05/06/2022 171404 141 CHIMNEY CREEK RD 869.40 869.40 04/07/2022 05/07/2022 171449 126 PENGUIN DR 1,442.10 1,442.10 04/30/2022 04/30/2022 172084 Finance Charge 322.64 322.64 05/02/2022 06/01/2022 172132 126 PENGUIN CT 991.18 991.18 05116/2022 06/15/2022 172496 BACK RANDH RD 1,807.33 1,807.33 05/17/2022 06/16/2022 172535 BACK RANCH RD 1,785.06 1,785.06 05/24/2022 06/23/2022 172778 126 PENGUIN CT 4,341.30 4,341.30 05/31/2022 05/31/2022 172958 Finance Charge 224.69 224.69 06/01/2022 07/01/2022 173014 2285 BACK RANCH RD 4,316.40 4,316.40 06/21/2022 07/21/2022 173489 MARCC 458.74 458.74 06/27/2022 07/27/2022 173686 2,884.20 2,884.20 126 Pt.NGUIN CT 06/30/2022 06/30/2022 173836 Finane Charge 212.70 212.70 07/12/2022 08/11/2022 174084 2285 ACK RANCH RD 3,873.34 3,873.34 07/20/2022 08/19/2022 174300 1715 ELAWARE 575.82 575.82 07/31/2022 07/31/2022 174598 Finan/151 DBA: I BiUing Address: '}_6_t_J_./11a./t_5 d-r · j@/r:J/er Ca. ~ 95()2, Street City State Zip Mailing Address: I State Zip Business Phone: Street $?"]_/_ 2~15~ 1)~ clll Phone: City A Phone: 75'}/ 2 ) '} ~'fftf{ Fax: Company Name: JCe!lt y- C 0 Jl 5/.r f/C ~;0 lfJ Phone: tto '1"