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Daniel R. Forde, Esq. (SBN: 248461)
1 Christina Elhaddad, Esq. (SBN: 332432)
HOFFMAN & FORDE, ATTORNEYS AT LAW
2 3033 Fifth Avenue, Suite 400
San Diego, California 92103
3 Tel: (619) 546-7880
Fax: (619) 546-7881
4 Email: dforde@hoffmanforde.com
Email: celhaddad@hoffmanforde.com
5
Attorneys for Plaintiffs,
6 Ruelito V. Polancos and
Marian Missionary Prayer Community Foundation
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
9 RIVERSIDE HISTORIC COURTHOUSE
10 RUELITO V. POLANCOS, an individual; and Case No:
11 MARIAN MISSIONARY PRAYER
COMMUNITY FOUNDATION, a religious UNLIMITED CIVIL ACTION
12 corporation;
VERIFIED COMPLAINT FOR:
13 Plaintiffs,
(1) BREACH OF CONTRACT (SPECIFIC
14 PERFORMANCE REQUESTED);
v.
15 (2) FRAUD;
BENNY COLOMA, an individual; ANTONIA
16 R. COLOMA, an individual; and DOES 1-25; (3) CONVERSION;
17 Defendants. (4) PROMISSORY ESTOPPEL;
18 (5) QUIET TITLE;
19 (6) IMPOSITION OF EQUITABLE LIEN;
AND
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(7) CONSTRUCTIVE TRUST
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[JURY TRIAL DEMANDED]
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VERIFIED COMPLAINT
1 Plaintiffs Ruelito V. Polancos and Marian Missionary Prayer Community Foundation (together,
2 Plaintiffs bring this Complaint against Defendants Benny Coloma, Antonia R. Coloma, and DOES 1-
3 Defendants and allege as follows:
4 PARTIES AND THE PROPERTY
5 1. Plaintiff Ruelito V. Polancos Polancos is an individual, who at all relevant times
6 herein, was residing in the County of Riverside, State of California.
7 2. Marian Missionary
8 religious corporation, registered in the State of California, under the Nonprofit Religious Corporation
9 Law, organized specifically for charitable, religious, educational, and scientific purposes, that, at all
10 relevant times herein, was performing either charitable, religious, educational, or scientific purposes in
11 the County of Riverside, State of California.
12 3. Defendants Benny Coloma and Antonia R. Coloma (hereinafter Defendants
13 individuals, who at all relevant times herein, were residing in the County of Riverside, State of California.
14 4. On information and belief, Defendants are the owners of that certain real property located
15 at 27155 Garbani Road, Menifee, California 92584-9439 360-250-013 (hereinafter,
16 Property l description of the Property is below as follows:
17
18 PARCEL 3 OF PARCEL MAP 15973, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
19 RECORDED IN BOOK 92, PAGE 71 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY. APN: 360-250-
20 013.
21 5. Plaintiffs are informed and believe and thereon allege that record title to the Property is
22 currently held by Defendants.
23 6. Plaintiffs are not aware of any unrecorded transfers of interest (ownership or otherwise) in
24 the Property.
25 7. Plaintiffs are unaware of the true names and capacities of the defendants named herein as
26 DOES 1-25, inclusive, and therefore identify these defendants by such fictitious names. Plaintiffs are
27 informed and believe and thereon allege that each said defendant herein designated as a DOE is
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VERIFIED COMPLAINT
1 responsible in some manner for the events and happenings herein referred, or as hereinafter alleged.
2 Plaintiffs will amend this Complaint to allege the true names and capacities once ascertained.
3 JURISDICTION AND VENUE
4 8. This Court has personal jurisdiction over Defendants as they reside in the State of
5 California.
6 9. This Court has subject matter jurisdiction over this action because the amount of relief
7 sought in this action exceeds the statutory minimum.
8 10. Venue is proper in the County of Riverside pursuant to California Code of Civil Procedure
9 section 393 because this county is where the Property is located.
10 PRELIMINARY FACTS
11 11. Marian Missionary is a church in Riverside, California, in which the members routinely
12 practice their common religious beliefs. Polancos is the religious leader of Marian Missionary.
13 12. Polancos and Defendants are all members of Marian Missionary.
14 13. Polancos and Defendants, along with other select members of Marian Missionary
15 Parties , agreed to register Marian Missionary as a not-for-profit church in the state of
16 California.
17 14. While Marian Missionary was in the process of obtaining its license to be deemed a
18 religious corporation, the Parties agreed that Marian Missionary needed to purchase a property nearby for
19 Polancos to lead their worship services.
20 15. Because Marian Missionary was not yet licensed and Polancos was likely unable to qualify
21 for a mortgage, the Parties agreed that Defendants would purchase a property in their individual capacities
22 and then transfer title of the Property to Marian Missionary once it was registered as a not-for-profit church
23 in the state of California. In consideration, Polancos would pay the down payment and make monthly
24 mortgage payments. The Parties agreed to this arrangement Agreement .
25 16. In July of 2020, Defendants purchased the Property, located at 27155 Garbani Road,
26 Menifee, California 92584, as defined above, for three hundred and seven thousand dollars and zero cents
27 ($307,000.00) (hereinafter the Purchase .
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VERIFIED COMPLAINT
1 17. In reliance on the Agreement, Polancos raised and paid the entire ninety thousand dollar
2 ($90,000.00) down payment and has proceeded to pay all mortgage payments on the Property.
3 18. In reliance on the Agreement, since the Purchase, Polancos has spent between forty and
4 fifty thousand dollars ($40,000.00 - $50,000.00) in renovations to the Property. The renovations include
5 the addition of a mobile home where Polancos now resides (for the purpose of being easily accessible to
6 the members of Marian Missionary), the initial construction of a chapel in which services were to be held,
7 and landscaping.
8 19. Since the Purchase, Polancos has led routine religious services at the Property for Marian
9 members.
10 20. In November of 2022, the Marian Missionary was incorporated.
11 21. In violation of the Agreement between the Parties, on or about December 17, 2022,
12 Defendants placed the Property for sale utilizing the MLS in their individual
13 capacities demanding a purchase price of five hundred and forty-nine thousand nine hundred and ninety-
14 nine dollars and zero cents ($549,999.00).
15 22. Defendants have indicated that they will not abide by the Agreement and intend to sell the
16 Property to a third party.
17 FIRST CAUSE OF ACTION
18 (Breach of Contract)
19 (Against All Defendants)
20 23. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
21 preceding paragraphs as though fully set forth herein.
22 24. There exists an agreement by and between Polancos and Defendants for Defendants to
23 purchase the Property in their individual names and to transfer title of the Property to Marian Missionary
24 once it incorporated. In consideration, Polancos agreed to raise and pay the down payment and mortgage
25 payments for the Property.
26 25. Polanocs and Defendants, the contracting parties, intended for Marian Missionary to
27 benefit from the Agreement by way of transferring title of the Property to Marian Missionary once it
28 incorporated. Thus, Marian Missionary is a third-party beneficiary in the Agreement.
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VERIFIED COMPLAINT
1 26. s in the Agreement vested when it was incorporated as a
2 religious corporation with the State of California.
3 27. Upon incorporation of Marian Missionary, Defendants failed to transfer, and continue to
4 fail to transfer title to Marian Missionary by placing the Property for sale on the MLS, in violation of the
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6 28. Plaintiffs have demanded, and continue to demand, that Defendants perform under the
7 terms of the Agreement; however, Defendants refuse to transfer title to the Property and honor their
8 obligations and promises under the Agreement.
9 29. Defendants action of attempting to sell the Property to a third-party purchaser does not
10 absolve Defendants of their contractual duties and obligations under the Agreement to transfer title to
11 Marian Missionary now that it has been incorporated.
12 30. Plaintiffs have performed all obligations and conditions required of them by the Agreement
13 or have been excused from performing said obligations. Such obligations that Plaintiffs have performed
14 include the payment of the down payment, paying the monthly mortgage payments, and Marian
15 Missionary incorporating.
16 31. Plaintiffs have been harmed as a proximate result of Defendants breach of the Agreement.
17 32. The Property to be transferred to Marian Missionary in accordance with the Agreement is
18 legally unique. Therefore, Plaintiffs have no plain, speedy, or adequate remedy in the ordinary course of
19 law, and damages, if awarded, cannot be properly ascertained and would be inadequate to compensate
20 Plaintiffs for the detriment suffered as a result of Defendant breach of the Agreement.
21 33. Furthermore, the filing of this action is not in violation of the Agreement as it is taken for
22 purposes of preserving Plaintiffs title, interests, and claims in the Property.
23 SECOND CAUSE OF ACTION
24 (Fraud)
25 (Against All Defendants)
26 34. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
27 preceding paragraphs as though fully set forth herein.
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VERIFIED COMPLAINT
1 35. Defendants, either individually, collectively, and/or through their agents, made
2 misrepresentations of fact to Plaintiffs and/or to one another at the time they entered into the Agreement.
3 36. At the time Defendants promised to purchase the Property in their individual capacity in
4 consideration for Polancos raising and paying the down payment and mortgage payments, and then to
5 transfer title to Marian Missionary once it incorporated, Defendants knew that their promise to transfer
6 title was false.
7 37. Defendants intended to induce Polancos into paying the down payment and the monthly
8 mortgage payments for the Property and convinced Polancos to allow Defendants to purchase the Property
9 in their own name with the intention of never transferring title to Marian Missions, rather with the intention
10 of selling the Property for a profit.
11 38. Plaintiffs justifiably relied on Defendants representations as made.
12 39. Plaintiffs have been harmed by
13 causing Plaintiffs harm, and, as a direct, proximate,
14 Plaintiffs have suffered, and will continue to suffer, without limitation, economic injury, and general and
15 special damages in an amount to be determined at trial but well in excess of the jurisdictional minimum
16 of this Court.
17 THIRD CAUSE OF ACTION
18 (Conversion)
19 (Against All Defendants)
20 40. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
21 preceding paragraphs as though fully set forth herein.
22 41. Defendants substantially interfered with personal property by knowingly or
23 intentionally allowing Polancos to pay ninety thousand dollars ($90,000.00) towards the down payment
24 of the Property and continued monthly mortgage payments towards the Property without the intention of
25 transferring title to the Property to Marian Missionary once it incorporated as agreed upon between the
26 Defendants and Polancos.
27 42. Plaintiffs
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VERIFIED COMPLAINT
1 43. Plaintiffs were harmed and continue to be harmed
2 substantial factor in causing Plaintiffs harm, and, as a direct, proximate and foreseeable result of the
3 s have suffered, and will continue to suffer, without limitation, economic
4 injury and general and special damages in an amount to be determined at trial but well in excess of the
5 jurisdictional minimum of this Court.
6 44. Further, Plaintiffs are entitled to fair compensation for the time and money expended in
7 pursuit of the Property and assets owed them.
8 45. title to the Property is intentional and was done in the face
9 knowledge of right to the ownership of the Property.
10 46.
11 deserving of punitive and exemplary damages against Defendants in an amount according to proof at trial.
12 FOURTH CAUSE OF ACTION
13 (Promissory Estoppel)
14 (Against All Defendants)
15 47. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
16 preceding paragraphs as though fully set forth herein.
17 48. If this Court finds that no contract was created or that the contract was unenforceable, this
18 cause of action is pleaded in the alternative.
19 49. Defendants promised Plaintiffs that they would transfer the Property to Marian Missionary,
20 once it incorporated.
21 50. Plaintiffs reasonably relied on Defendant promises to their detriment, as demonstrated by
22 payment of the ninety thousand dollar ($90,000.00) down payment
23 towards the Purchase of the Property, Polancos paying the monthly mortgage payments, and Polancos
24 paying between forty and fifty thousand dollars ($40,000.00 - $50,000.00) in renovations to the Property.
25 51. at risk
26 without a venue to practice their religious ceremonies.
27 52. Plaintiffs were harmed and continue to be harmed
28 substantial factor in causing Plaintiffs harm, and, as a direct, proximate and foreseeable result of the
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VERIFIED COMPLAINT
1 s have suffered, and will continue to suffer, without limitation, economic
2 injury and general and special damages in an amount to be determined at trial but well in excess of the
3 jurisdictional minimum of this Court.
4 FIFTH CAUSE OF ACTION
5 (Quiet Title)
6 (Against All Defendants)
7 53. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
8 preceding paragraphs as though fully set forth herein.
9 54. Defendants hold title to the real property identified as: 27155 Garbani Road, Menifee,
10 California 92584.
11 55. Plaintiffs claim some legal or equitable right, title, estate, lien or interest in, or cloud upon
12 the title to the Property.
13 56. Any such claim of Defendants is without right; no Defendant has any legal or equitable
14 right, title, estate, lien or interest in, or cloud upon Plaintiffs title to the Property.
15 57. Plaintiffs seek a quiet title action against any potential claims of Defendants and all persons
16 known or unknown claiming any ownership or interest in this real property, more specifically described
17 as: PARCEL 3 OF PARCEL MAP 15973, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
18 STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 71 OF MAPS, IN THE
19 OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. APN: 360-250-013.
20 58. The basis of Plaintiffs title in the Property is demonstrated through actions and
21 reliance in paying for all major expenses towards the Property including but limited to the down payment,
22 mortgage payments, and renovations to the Property in consideration for transferring of title to Marion
23 Missionary once it incorporated.
24 59. Plaintiffs have an interest in the Property based on actual possession, evidenced by
25 indications of control and occupation, such as enclosure, cultivation, and appropriate use. Lantz v. Cole,
26 172 Cal. 245 (1916).
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VERIFIED COMPLAINT
1 60. Plaintiffs seek to quiet title to their interests as of the date this Complaint is filed on any
2 and all interests of all Defendants in the Property. Plaintiffs also seek the imposition of an injunction
3 imposed by this Court to enforce their title to the Property.
4 61. Unless the Court restrains Defendants from selling the Property, or otherwise interfering
5 with Plaintiffs property interest in the Property, Plaintiffs will suffer irreparable harm, and Plaintiffs will
6 be deprived of valuable property rights and the quiet enjoyment of the Property.
7 62. Plaintiffs have no speedy or adequate remedies at law for the injuries they sustained and
8 will sustain in that the ongoing and threatened injuries involve loss of interest in real property, which is
9 unique.
10 SIXTH CAUSE OF ACTION
11 (Equitable Lien)
12 (Against All Defendants)
13 63. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
14 preceding paragraphs as though fully set forth herein.
15 64. Plaintiffs were induced to purchase the Property under name and reasonably
16 believed Defendants would transfer clear title to the Property to Marian Missionary upon incorporation
17 and in consideration for Polancos paying the down payment and mortgage payments, as agreed upon in
18 the Agreement.
19 65. Defendants would be unjustly enriched if they were permitted to continue to own and/or
20 sell the Property that rightfully belongs to Plaintiffs.
21 66. Defendants have refused to transfer title of the Property to Marian Missionary as agreed
22 upon by the Parties.
23 67. Plaintiffs relied to their promises.
24 68. Having exhausted all their options, Plaintiffs seek the imposition of an equitable lien on
25 the Property.
26 SEVENTH CAUSE OF ACTION
27 (Constructive Trust)
28 (Against all Defendants)
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VERIFIED COMPLAINT
1 69. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the
2 preceding paragraphs as though fully set forth herein.
3 70. Plaintiffs have an interest in the Property set forth above.
4 71. Plaintiffs are entitled to their interest in and profits from the Property.
5 72. Plaintiffs thus pray that the Court will impose a constructive trust on the Property itself in
6 order to protect Plaintiffs rights.
7 73. Plaintiffs further seek temporary, preliminary, and permanent injunctive relief on the sale
8 and/or disposition of the Property.
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14 PRAYER
15 WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
16 a. That the Court decree specific performance of the Agreement, ordering Defendants to
17 transfer clear title in the Property to Marian Missionary;
18 b. For damages in a sum to be proven at trial;
19 c. Punitive damages against Defendants;
20 d. Special and consequential damages according to proof against Defendants;
21 e. Restitution, disgorgement, and the return of all funds, assets, property, monies, and profits
22 wrongfully taken, appropriated, procured, and/or retained by the Defendants and rightfully
23 belonging to Plaintiffs;
24 f. For the costs of suit herein incurred, including the re
25 Plaintiffs;
26 g. Interest at the maximum legal rate against Defendants;
27 h. Appointment of a receiver as authorized by the California Rules of Court Rule 3.1179;
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VERIFIED COMPLAINT
1 i. The imposition of an equitable lien on the Property in favor of Plaintiffs and the right to a
2 deficiency judgment;
3 j. Trial by jury in this action on all issues so triable;
4 k. That Plaintiffs have quiet title in the Property as to their interests; and
5 l. For such further and additional relief as the Court may deem just and proper.
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10 Dated: January 10, 2023 HOFFMAN & FORDE, ATTORNEYS AT LAW
11
12 By: ____________________________________
Daniel R. Forde, Esq.
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Attorney for Plaintiffs,
14 RUELITO V. POLANCOS AND MARIAN
MISSIONARY PRAYER COMMUNITY FOUNDATION
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VERIFIED COMPLAINT
1 VERIFICATION
2 I, Ruelito V. Polancos, individually, and on behalf of Marian Missionary Prayer Community
3 Foundation, have read the foregoing VERIFIED COMPLAINT FOR DAMAGES FOR BREACH OF
4 CONTRACT (SPECIFIC PERFORMANCE REQUESTED); FRAUD; CONVERSION;
5 PROMISSORY ESTOPPEL; QUIET TITLE; IMPOSITION OF EQUITABLE LIEN; AND
6 CONSTRUCTIVE TRUST and I know its contents.
7 The matters stated in the foregoing document are true except as to those matters which are stated
8 on information and belief, and to those matters it is believed to be true.
9 I declare under penalty of perjury under the laws of the State of California that the foregoing is
10 true and correct.
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12 Dated: _____________ ______________________________________
Ruelito V. Polancos, an individual
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15 Dated: _____________ Marian Missionary Prayer Community Foundation
16 By: _____________________________________
17 Its: _____________________________________
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VERIFIED COMPLAINT
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Daniel R. Forde, Esq. (SBN: 248461) 1 Christina Elhaddad, Esq. (SBN: 332432) HOFFMAN & FORDE, ATTORNEYS AT LAW 2 3033 Fifth Avenue, Suite 400 San Diego, California 92103 3 Tel: (619) 546-7880 Fax: (619) 546-7881 4 Email: dforde@hoffmanforde.com Email: celhaddad@hoffmanforde.com 5 Attorneys for Plaintiffs, 6 Ruelito V. Polancos and Marian Missionary Prayer Community Foundation 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE 9 RIVERSIDE HISTORIC COURTHOUSE 10 RUELITO V. POLANCOS, an individual; and Case No: 11 MARIAN MISSIONARY PRAYER COMMUNITY FOUNDATION, a religious UNLIMITED CIVIL ACTION 12 corporation; VERIFIED COMPLAINT FOR: 13 Plaintiffs, (1) BREACH OF CONTRACT (SPECIFIC 14 PERFORMANCE REQUESTED); v. 15 (2) FRAUD; BENNY COLOMA, an individual; ANTONIA 16 R. COLOMA, an individual; and DOES 1-25; (3) CONVERSION; 17 Defendants. (4) PROMISSORY ESTOPPEL; 18 (5) QUIET TITLE; 19 (6) IMPOSITION OF EQUITABLE LIEN; AND 20 (7) CONSTRUCTIVE TRUST 21 [JURY TRIAL DEMANDED] 22 23 // 24 // 25 // 26 27 28 -1- VERIFIED COMPLAINT 1 Plaintiffs Ruelito V. Polancos and Marian Missionary Prayer Community Foundation (together, 2 Plaintiffs bring this Complaint against Defendants Benny Coloma, Antonia R. Coloma, and DOES 1- 3 Defendants and allege as follows: 4 PARTIES AND THE PROPERTY 5 1. Plaintiff Ruelito V. Polancos Polancos is an individual, who at all relevant times 6 herein, was residing in the County of Riverside, State of California. 7 2. Marian Missionary 8 religious corporation, registered in the State of California, under the Nonprofit Religious Corporation 9 Law, organized specifically for charitable, religious, educational, and scientific purposes, that, at all 10 relevant times herein, was performing either charitable, religious, educational, or scientific purposes in 11 the County of Riverside, State of California. 12 3. Defendants Benny Coloma and Antonia R. Coloma (hereinafter Defendants 13 individuals, who at all relevant times herein, were residing in the County of Riverside, State of California. 14 4. On information and belief, Defendants are the owners of that certain real property located 15 at 27155 Garbani Road, Menifee, California 92584-9439 360-250-013 (hereinafter, 16 Property l description of the Property is below as follows: 17 18 PARCEL 3 OF PARCEL MAP 15973, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP 19 RECORDED IN BOOK 92, PAGE 71 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. APN: 360-250- 20 013. 21 5. Plaintiffs are informed and believe and thereon allege that record title to the Property is 22 currently held by Defendants. 23 6. Plaintiffs are not aware of any unrecorded transfers of interest (ownership or otherwise) in 24 the Property. 25 7. Plaintiffs are unaware of the true names and capacities of the defendants named herein as 26 DOES 1-25, inclusive, and therefore identify these defendants by such fictitious names. Plaintiffs are 27 informed and believe and thereon allege that each said defendant herein designated as a DOE is 28 -2- VERIFIED COMPLAINT 1 responsible in some manner for the events and happenings herein referred, or as hereinafter alleged. 2 Plaintiffs will amend this Complaint to allege the true names and capacities once ascertained. 3 JURISDICTION AND VENUE 4 8. This Court has personal jurisdiction over Defendants as they reside in the State of 5 California. 6 9. This Court has subject matter jurisdiction over this action because the amount of relief 7 sought in this action exceeds the statutory minimum. 8 10. Venue is proper in the County of Riverside pursuant to California Code of Civil Procedure 9 section 393 because this county is where the Property is located. 10 PRELIMINARY FACTS 11 11. Marian Missionary is a church in Riverside, California, in which the members routinely 12 practice their common religious beliefs. Polancos is the religious leader of Marian Missionary. 13 12. Polancos and Defendants are all members of Marian Missionary. 14 13. Polancos and Defendants, along with other select members of Marian Missionary 15 Parties , agreed to register Marian Missionary as a not-for-profit church in the state of 16 California. 17 14. While Marian Missionary was in the process of obtaining its license to be deemed a 18 religious corporation, the Parties agreed that Marian Missionary needed to purchase a property nearby for 19 Polancos to lead their worship services. 20 15. Because Marian Missionary was not yet licensed and Polancos was likely unable to qualify 21 for a mortgage, the Parties agreed that Defendants would purchase a property in their individual capacities 22 and then transfer title of the Property to Marian Missionary once it was registered as a not-for-profit church 23 in the state of California. In consideration, Polancos would pay the down payment and make monthly 24 mortgage payments. The Parties agreed to this arrangement Agreement . 25 16. In July of 2020, Defendants purchased the Property, located at 27155 Garbani Road, 26 Menifee, California 92584, as defined above, for three hundred and seven thousand dollars and zero cents 27 ($307,000.00) (hereinafter the Purchase . 28 -3- VERIFIED COMPLAINT 1 17. In reliance on the Agreement, Polancos raised and paid the entire ninety thousand dollar 2 ($90,000.00) down payment and has proceeded to pay all mortgage payments on the Property. 3 18. In reliance on the Agreement, since the Purchase, Polancos has spent between forty and 4 fifty thousand dollars ($40,000.00 - $50,000.00) in renovations to the Property. The renovations include 5 the addition of a mobile home where Polancos now resides (for the purpose of being easily accessible to 6 the members of Marian Missionary), the initial construction of a chapel in which services were to be held, 7 and landscaping. 8 19. Since the Purchase, Polancos has led routine religious services at the Property for Marian 9 members. 10 20. In November of 2022, the Marian Missionary was incorporated. 11 21. In violation of the Agreement between the Parties, on or about December 17, 2022, 12 Defendants placed the Property for sale utilizing the MLS in their individual 13 capacities demanding a purchase price of five hundred and forty-nine thousand nine hundred and ninety- 14 nine dollars and zero cents ($549,999.00). 15 22. Defendants have indicated that they will not abide by the Agreement and intend to sell the 16 Property to a third party. 17 FIRST CAUSE OF ACTION 18 (Breach of Contract) 19 (Against All Defendants) 20 23. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 21 preceding paragraphs as though fully set forth herein. 22 24. There exists an agreement by and between Polancos and Defendants for Defendants to 23 purchase the Property in their individual names and to transfer title of the Property to Marian Missionary 24 once it incorporated. In consideration, Polancos agreed to raise and pay the down payment and mortgage 25 payments for the Property. 26 25. Polanocs and Defendants, the contracting parties, intended for Marian Missionary to 27 benefit from the Agreement by way of transferring title of the Property to Marian Missionary once it 28 incorporated. Thus, Marian Missionary is a third-party beneficiary in the Agreement. -4- VERIFIED COMPLAINT 1 26. s in the Agreement vested when it was incorporated as a 2 religious corporation with the State of California. 3 27. Upon incorporation of Marian Missionary, Defendants failed to transfer, and continue to 4 fail to transfer title to Marian Missionary by placing the Property for sale on the MLS, in violation of the 5 6 28. Plaintiffs have demanded, and continue to demand, that Defendants perform under the 7 terms of the Agreement; however, Defendants refuse to transfer title to the Property and honor their 8 obligations and promises under the Agreement. 9 29. Defendants action of attempting to sell the Property to a third-party purchaser does not 10 absolve Defendants of their contractual duties and obligations under the Agreement to transfer title to 11 Marian Missionary now that it has been incorporated. 12 30. Plaintiffs have performed all obligations and conditions required of them by the Agreement 13 or have been excused from performing said obligations. Such obligations that Plaintiffs have performed 14 include the payment of the down payment, paying the monthly mortgage payments, and Marian 15 Missionary incorporating. 16 31. Plaintiffs have been harmed as a proximate result of Defendants breach of the Agreement. 17 32. The Property to be transferred to Marian Missionary in accordance with the Agreement is 18 legally unique. Therefore, Plaintiffs have no plain, speedy, or adequate remedy in the ordinary course of 19 law, and damages, if awarded, cannot be properly ascertained and would be inadequate to compensate 20 Plaintiffs for the detriment suffered as a result of Defendant breach of the Agreement. 21 33. Furthermore, the filing of this action is not in violation of the Agreement as it is taken for 22 purposes of preserving Plaintiffs title, interests, and claims in the Property. 23 SECOND CAUSE OF ACTION 24 (Fraud) 25 (Against All Defendants) 26 34. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 27 preceding paragraphs as though fully set forth herein. 28 -5- VERIFIED COMPLAINT 1 35. Defendants, either individually, collectively, and/or through their agents, made 2 misrepresentations of fact to Plaintiffs and/or to one another at the time they entered into the Agreement. 3 36. At the time Defendants promised to purchase the Property in their individual capacity in 4 consideration for Polancos raising and paying the down payment and mortgage payments, and then to 5 transfer title to Marian Missionary once it incorporated, Defendants knew that their promise to transfer 6 title was false. 7 37. Defendants intended to induce Polancos into paying the down payment and the monthly 8 mortgage payments for the Property and convinced Polancos to allow Defendants to purchase the Property 9 in their own name with the intention of never transferring title to Marian Missions, rather with the intention 10 of selling the Property for a profit. 11 38. Plaintiffs justifiably relied on Defendants representations as made. 12 39. Plaintiffs have been harmed by 13 causing Plaintiffs harm, and, as a direct, proximate, 14 Plaintiffs have suffered, and will continue to suffer, without limitation, economic injury, and general and 15 special damages in an amount to be determined at trial but well in excess of the jurisdictional minimum 16 of this Court. 17 THIRD CAUSE OF ACTION 18 (Conversion) 19 (Against All Defendants) 20 40. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 21 preceding paragraphs as though fully set forth herein. 22 41. Defendants substantially interfered with personal property by knowingly or 23 intentionally allowing Polancos to pay ninety thousand dollars ($90,000.00) towards the down payment 24 of the Property and continued monthly mortgage payments towards the Property without the intention of 25 transferring title to the Property to Marian Missionary once it incorporated as agreed upon between the 26 Defendants and Polancos. 27 42. Plaintiffs 28 -6- VERIFIED COMPLAINT 1 43. Plaintiffs were harmed and continue to be harmed 2 substantial factor in causing Plaintiffs harm, and, as a direct, proximate and foreseeable result of the 3 s have suffered, and will continue to suffer, without limitation, economic 4 injury and general and special damages in an amount to be determined at trial but well in excess of the 5 jurisdictional minimum of this Court. 6 44. Further, Plaintiffs are entitled to fair compensation for the time and money expended in 7 pursuit of the Property and assets owed them. 8 45. title to the Property is intentional and was done in the face 9 knowledge of right to the ownership of the Property. 10 46. 11 deserving of punitive and exemplary damages against Defendants in an amount according to proof at trial. 12 FOURTH CAUSE OF ACTION 13 (Promissory Estoppel) 14 (Against All Defendants) 15 47. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 16 preceding paragraphs as though fully set forth herein. 17 48. If this Court finds that no contract was created or that the contract was unenforceable, this 18 cause of action is pleaded in the alternative. 19 49. Defendants promised Plaintiffs that they would transfer the Property to Marian Missionary, 20 once it incorporated. 21 50. Plaintiffs reasonably relied on Defendant promises to their detriment, as demonstrated by 22 payment of the ninety thousand dollar ($90,000.00) down payment 23 towards the Purchase of the Property, Polancos paying the monthly mortgage payments, and Polancos 24 paying between forty and fifty thousand dollars ($40,000.00 - $50,000.00) in renovations to the Property. 25 51. at risk 26 without a venue to practice their religious ceremonies. 27 52. Plaintiffs were harmed and continue to be harmed 28 substantial factor in causing Plaintiffs harm, and, as a direct, proximate and foreseeable result of the -7- VERIFIED COMPLAINT 1 s have suffered, and will continue to suffer, without limitation, economic 2 injury and general and special damages in an amount to be determined at trial but well in excess of the 3 jurisdictional minimum of this Court. 4 FIFTH CAUSE OF ACTION 5 (Quiet Title) 6 (Against All Defendants) 7 53. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 8 preceding paragraphs as though fully set forth herein. 9 54. Defendants hold title to the real property identified as: 27155 Garbani Road, Menifee, 10 California 92584. 11 55. Plaintiffs claim some legal or equitable right, title, estate, lien or interest in, or cloud upon 12 the title to the Property. 13 56. Any such claim of Defendants is without right; no Defendant has any legal or equitable 14 right, title, estate, lien or interest in, or cloud upon Plaintiffs title to the Property. 15 57. Plaintiffs seek a quiet title action against any potential claims of Defendants and all persons 16 known or unknown claiming any ownership or interest in this real property, more specifically described 17 as: PARCEL 3 OF PARCEL MAP 15973, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, 18 STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 71 OF MAPS, IN THE 19 OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. APN: 360-250-013. 20 58. The basis of Plaintiffs title in the Property is demonstrated through actions and 21 reliance in paying for all major expenses towards the Property including but limited to the down payment, 22 mortgage payments, and renovations to the Property in consideration for transferring of title to Marion 23 Missionary once it incorporated. 24 59. Plaintiffs have an interest in the Property based on actual possession, evidenced by 25 indications of control and occupation, such as enclosure, cultivation, and appropriate use. Lantz v. Cole, 26 172 Cal. 245 (1916). 27 28 -8- VERIFIED COMPLAINT 1 60. Plaintiffs seek to quiet title to their interests as of the date this Complaint is filed on any 2 and all interests of all Defendants in the Property. Plaintiffs also seek the imposition of an injunction 3 imposed by this Court to enforce their title to the Property. 4 61. Unless the Court restrains Defendants from selling the Property, or otherwise interfering 5 with Plaintiffs property interest in the Property, Plaintiffs will suffer irreparable harm, and Plaintiffs will 6 be deprived of valuable property rights and the quiet enjoyment of the Property. 7 62. Plaintiffs have no speedy or adequate remedies at law for the injuries they sustained and 8 will sustain in that the ongoing and threatened injuries involve loss of interest in real property, which is 9 unique. 10 SIXTH CAUSE OF ACTION 11 (Equitable Lien) 12 (Against All Defendants) 13 63. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 14 preceding paragraphs as though fully set forth herein. 15 64. Plaintiffs were induced to purchase the Property under name and reasonably 16 believed Defendants would transfer clear title to the Property to Marian Missionary upon incorporation 17 and in consideration for Polancos paying the down payment and mortgage payments, as agreed upon in 18 the Agreement. 19 65. Defendants would be unjustly enriched if they were permitted to continue to own and/or 20 sell the Property that rightfully belongs to Plaintiffs. 21 66. Defendants have refused to transfer title of the Property to Marian Missionary as agreed 22 upon by the Parties. 23 67. Plaintiffs relied to their promises. 24 68. Having exhausted all their options, Plaintiffs seek the imposition of an equitable lien on 25 the Property. 26 SEVENTH CAUSE OF ACTION 27 (Constructive Trust) 28 (Against all Defendants) -9- VERIFIED COMPLAINT 1 69. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the 2 preceding paragraphs as though fully set forth herein. 3 70. Plaintiffs have an interest in the Property set forth above. 4 71. Plaintiffs are entitled to their interest in and profits from the Property. 5 72. Plaintiffs thus pray that the Court will impose a constructive trust on the Property itself in 6 order to protect Plaintiffs rights. 7 73. Plaintiffs further seek temporary, preliminary, and permanent injunctive relief on the sale 8 and/or disposition of the Property. 9 // 10 // 11 // 12 // 13 // 14 PRAYER 15 WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: 16 a. That the Court decree specific performance of the Agreement, ordering Defendants to 17 transfer clear title in the Property to Marian Missionary; 18 b. For damages in a sum to be proven at trial; 19 c. Punitive damages against Defendants; 20 d. Special and consequential damages according to proof against Defendants; 21 e. Restitution, disgorgement, and the return of all funds, assets, property, monies, and profits 22 wrongfully taken, appropriated, procured, and/or retained by the Defendants and rightfully 23 belonging to Plaintiffs; 24 f. For the costs of suit herein incurred, including the re 25 Plaintiffs; 26 g. Interest at the maximum legal rate against Defendants; 27 h. Appointment of a receiver as authorized by the California Rules of Court Rule 3.1179; 28 -10- VERIFIED COMPLAINT 1 i. The imposition of an equitable lien on the Property in favor of Plaintiffs and the right to a 2 deficiency judgment; 3 j. Trial by jury in this action on all issues so triable; 4 k. That Plaintiffs have quiet title in the Property as to their interests; and 5 l. For such further and additional relief as the Court may deem just and proper. 6 7 8 9 10 Dated: January 10, 2023 HOFFMAN & FORDE, ATTORNEYS AT LAW 11 12 By: ____________________________________ Daniel R. Forde, Esq. 13 Attorney for Plaintiffs, 14 RUELITO V. POLANCOS AND MARIAN MISSIONARY PRAYER COMMUNITY FOUNDATION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11- VERIFIED COMPLAINT 1 VERIFICATION 2 I, Ruelito V. Polancos, individually, and on behalf of Marian Missionary Prayer Community 3 Foundation, have read the foregoing VERIFIED COMPLAINT FOR DAMAGES FOR BREACH OF 4 CONTRACT (SPECIFIC PERFORMANCE REQUESTED); FRAUD; CONVERSION; 5 PROMISSORY ESTOPPEL; QUIET TITLE; IMPOSITION OF EQUITABLE LIEN; AND 6 CONSTRUCTIVE TRUST and I know its contents. 7 The matters stated in the foregoing document are true except as to those matters which are stated 8 on information and belief, and to those matters it is believed to be true. 9 I declare under penalty of perjury under the laws of the State of California that the foregoing is 10 true and correct. 11 12 Dated: _____________ ______________________________________ Ruelito V. Polancos, an individual 13 14 15 Dated: _____________ Marian Missionary Prayer Community Foundation 16 By: _____________________________________ 17 Its: _____________________________________ 18 19 20 21 22 23 24 25 26 27 28 -12- VERIFIED COMPLAINT