Preview
E-FILED
10/5/2022 9:36 AM
Clerk of Court
LAW OFFICES OF KENNETH J. FREED
Superior Court of CA,
KENNETH J. FREED, ESQ. [State Bar No. 125349]
ERIC J. JUN, ESQ. [State Bar No. 263502] County of Santa Clara
4340 Fulton Ave., Third Floor 22CV405075
Sherman Oaks, California 91423 Reviewed By: P. Newton
(818) 990-0888 Office
(818) 990-1047 Facsimile
KFREED@KJFESQ.COM
EJUN@KJFESQ.COM
Attorneys for Plaintiff
CREDITORS ADJUSTMENT BUREAU, INC.
Our File No. 6084387
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
DOWNTOWN SUPERIOR COURT, LIMITED CIVIL
10 22CV405075
11 CREDITORS ADJUSTMENT BUREAU, INC., ) Case No.:
12 Plaintiff(s), ) COMPLAINT FOR MONEY
) (Insurance Premiums)
13 vs.
1 BREACH OF CONTRACT
14 GENESIS DEMOLITION & HAULING ) 2 OPEN BOOK ACCOUNT
SERVICES LLC AKA GENESIS SITE ) 3 ACCOUNT STATED
15 SERVICES LLC AKA GENESIS SITE
4. REASONABLE VALUE
SERVICES DBA GENESIS DEMOLITION )
16 ADBA GENESIS ATTACHMENTS; and DOES 1 )
through 10, Inclusive, ) AMOUNT OF DEMAND
17 ) $6,620.74
18 Defendants. )
)
19
20 Plaintiff, on information and belief, alleges as follows:
21 DEFINITIONS AND PRELIMINARY ALLEGATIONS
22 1 As used herein, the term "Plaintiffs Assignor" refers to STATE COMPENSATION
23 INSURANCE FUND.
24 2. As used herein, the term "Debt" refers to the sum of $1,703.46 for Policy No. 9269564-21
25 and the sum of $4,917.28 for Policy No. 9269564-22.
26 3 As used herein, the term "Due Date" refers to May 30, 2022 for Policy No. 9269564-21
27 and June 3, 2022 for Policy No. 9269564-22.
28 4 Plaintiff's Assignor is a corporation and an insurance issuer and underwriter, licensed under
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COMPLAINT FOR MONEY
the laws of the State of California. Prior to the commencement of this action, the claims herein sued upon
were assigned to Plaintiff by Plaintiff's Assignor for collection purposes only and Plaintiff, as assignee,
has not accepted any of the obligations, debts or liabilities of Plaintiff's Assignor.
5 Plaintiff is a corporation organized and existing under the laws of the State of California
and is a collection agency.
6. The true names and capacities, whether individual, corporate, associate or otherwise, of the
Defendants herein designated DOES 1 through 10, inclusive, are unknown to Plaintiff. Plaintiff will ask
leave of the Court to amend this Complaint to show their true names and capacities when ascertained.
7 The obligation and claims sued upon herein were made and entered into and are due and
10 payable in the above-mentioned Judicial District and County, State of California, and are not subject to
11 the provisions of Sections 1812.10 and 2984.4 of the California Civil Code and Section 395(b) of the
12 California Civil Code of Procedure.
13 8 At all times herein mentioned, the Defendants were agents and employees of the other
14 Defendants and were acting within the course and scope of such agency and employment.
15 9 Plaintiff is informed and believes and thereon alleges that each Defendant is and at all times
16 herein mentioned was, an alter ego and/or successor in interest of each other Defendant, in order to
17 perpetrate a fraud and to accomplish other wrongful and inequitable purposes, such that the Court must
18 disregard the separate entities and treat each entities’ acts as set forth herein as if they were done by each
19 of these named Defendants.
20 FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
21 (Against All Defendants; and DOES 1 through 10, Inclusive)
22 10. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as
23 though fully set forth herein.
24 11. Plaintiff's Assignor and Defendants entered into a written agreement wherein Plaintiff's
25 Assignor agreed to provide a policies of workers compensation insurance to the Defendants, bearing
26 Policy Nos. 9269564-21 (covering the period of February 4, 2021 through February 4, 2022) and 9269564-
27 22 (covering the period of February 4, 2022 through March 14, 2022) and Defendants agreed to pay
28 premiums in accordance with the terms and conditions of said policies which provided for payment of
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COMPLAINT FOR MONEY
premiums.
12. Said Defendants accepted said workers compensation insurance policies bearing Policy
Nos. 9269564-21 and 9269564-22, and, in consideration thereof, agreed to the terms and conditions set
forth therein which provided payment of premiums.
13. Plaintiff's Assignor has performed everything on its part to be performed under said
insurance policies.
14. Defendants breached that part of Policy No. 9269564-21 requiring the payment of the
premium assessed by Plaintiff's Assignor at the conclusion of Policy No. 9269564-21 in the amount of
$1,703.46. Said balance has not been paid although payment has been demanded, and there is now due,
10 owing and unpaid from the Defendants to Plaintiff said Debt, together with interest thereon at the rate of
11 ten percent (10%) per annum since demanded on the Due Date as set forth in Paragraph 3 herein.
12 15. Defendants breached that part of Policy No. 9269564-22 requiring the payment of the
13 premium assessed by Plaintiff's Assignor at the conclusion of Policy No. 9269564-22 in the amount of
14 $4,917.28. Said balance has not been paid although payment has been demanded, and there is now due,
15 owing and unpaid from the Defendants to Plaintiff said Debt, together with interest thereon at the rate of
16 ten percent (10%) per annum since demanded on the Due Date as set forth in Paragraph 3 herein.
17 SECOND CAUSE OF ACTION (OPEN BOOK ACCOUNT)
18 (Against All Defendants; and DOES 1 through 10, Inclusive)
19 16. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as
20 though fully set forth herein.
21 17. Within four years preceding the commencement of this action, Defendants, and each of
22 them, became indebted to Plaintiff's Assignor in the amount of the Debt for a balance due on an open
23 book account for goods sold and delivered and/or services rendered by Plaintiff's Assignor to Defendants
24 at Defendants’ request. Said Debt has not been paid although payment has been demanded, and said Debt
25 is now due, owing and unpaid, together with interest thereon at the rate of ten percent (10%) per annum
26 since demanded on the Due Date.
27 18. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the
28 provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded
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COMPLAINT FOR MONEY
attorney’s fees pursuant to said section.
THIRD CAUSE OF ACTION (ACCOUNT STATED)
(Against All Defendants; and DOES 1 through 10, Inclusive)
19. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as
though fully set forth herein.
20. Within four years preceding the commencement of this action, an account was stated by
and between Plaintiff’s Assignor and Defendants, and each of them, wherein it was ascertained and agreed
that said Defendants owed said Debt to Plaintiff's Assignor together with interest thereon at the rate of
ten percent (10%) per annum from the Due Date.
10 21. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the
11 provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded
12 attorney’s fees pursuant to said section.
13 FOURTH CAUSE OF ACTION (REASONABLE VALUE)
14 (Against All Defendants; and DOES 1 through 10, Inclusive)
15 22. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as
16 though fully set forth herein.
17 23. Within two years preceding the commencement of this action Defendants, and each of
18 them, became indebted to Plaintiffs Assignor for the reasonable value of goods sold and delivered and/or
19 services rendered by Plaintiff's Assignor to said Defendants’ request, the Debt was and is the reasonable
20 value of said goods, and/or services. No part of said Debt has been paid although payment has been
21 demanded, and said Debt is now due, owing and unpaid, together with interest at the rate of ten percent
22 (10%) per annum since demanded on the Due Date.
23 24. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the
24 provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded
25 attorney’s fees pursuant to said section.
26 WHEREFORE, Plaintiff prays for judgment against the Defendants and each of them, as follows:
27 AS TO THE FIRST CAUSE OF ACTION
28 1 As to Policy No. 9269564-21, for a sum of $1,703.46 together with interest thereon at the
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COMPLAINT FOR MONEY
rate of ten percent (10%) per annum from May 30, 2022;
2 As to Policy No. 9269564-22, for a sum of $4,917.28 together with interest thereon at the
rate of ten percent (10%) per annum from June 3, 2022
3 For costs of suit herein; and
4 For such other and further relief as the Court may deem just and proper.
AS TO THE SECOND, THIRD AND FOURTH CAUSES OF ACTION
1 As to Policy No. 9269564-21, for a sum of $1,703.46 together with interest thereon at the
rate of ten percent (10%) per annum from May 30, 2022;
2. As to Policy No. 9269564-22, for a sum of $4,917.28 together with interest thereon at the
10 rate of ten percent (10%) per annum from June 3, 2022;
11 3 For costs of suit incurred herein;
12 4 For attorney’s fees pursuant to California Civil Code Section 1717.5; and
13 5 For such other and further relief as the Court may deem just and proper.
14
15 DATED: October 4, 2022 LAW OFFICES OF KENNETH J. FREED
16
Et TWA
17
BY: Eric Jun (Oct 4, 2022 15:23 PDT)
ERIC J. JUN, ESQ
18 Attorneys for Plaintiff
CREDITORS ADJUSTMENT BUREAU, INC
19
20 [Electronic Signature per C.R.C. 2.257(a)]
21
22
23
24
25
26
27
28
COMPLAINT FOR MONEY
Preview
E-FILED 10/5/2022 9:36 AM Clerk of Court LAW OFFICES OF KENNETH J. FREED Superior Court of CA, KENNETH J. FREED, ESQ. [State Bar No. 125349] ERIC J. JUN, ESQ. [State Bar No. 263502] County of Santa Clara 4340 Fulton Ave., Third Floor 22CV405075 Sherman Oaks, California 91423 Reviewed By: P. Newton (818) 990-0888 Office (818) 990-1047 Facsimile KFREED@KJFESQ.COM EJUN@KJFESQ.COM Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. Our File No. 6084387 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT, LIMITED CIVIL 10 22CV405075 11 CREDITORS ADJUSTMENT BUREAU, INC., ) Case No.: 12 Plaintiff(s), ) COMPLAINT FOR MONEY ) (Insurance Premiums) 13 vs. 1 BREACH OF CONTRACT 14 GENESIS DEMOLITION & HAULING ) 2 OPEN BOOK ACCOUNT SERVICES LLC AKA GENESIS SITE ) 3 ACCOUNT STATED 15 SERVICES LLC AKA GENESIS SITE 4. REASONABLE VALUE SERVICES DBA GENESIS DEMOLITION ) 16 ADBA GENESIS ATTACHMENTS; and DOES 1 ) through 10, Inclusive, ) AMOUNT OF DEMAND 17 ) $6,620.74 18 Defendants. ) ) 19 20 Plaintiff, on information and belief, alleges as follows: 21 DEFINITIONS AND PRELIMINARY ALLEGATIONS 22 1 As used herein, the term "Plaintiffs Assignor" refers to STATE COMPENSATION 23 INSURANCE FUND. 24 2. As used herein, the term "Debt" refers to the sum of $1,703.46 for Policy No. 9269564-21 25 and the sum of $4,917.28 for Policy No. 9269564-22. 26 3 As used herein, the term "Due Date" refers to May 30, 2022 for Policy No. 9269564-21 27 and June 3, 2022 for Policy No. 9269564-22. 28 4 Plaintiff's Assignor is a corporation and an insurance issuer and underwriter, licensed under 1 COMPLAINT FOR MONEY the laws of the State of California. Prior to the commencement of this action, the claims herein sued upon were assigned to Plaintiff by Plaintiff's Assignor for collection purposes only and Plaintiff, as assignee, has not accepted any of the obligations, debts or liabilities of Plaintiff's Assignor. 5 Plaintiff is a corporation organized and existing under the laws of the State of California and is a collection agency. 6. The true names and capacities, whether individual, corporate, associate or otherwise, of the Defendants herein designated DOES 1 through 10, inclusive, are unknown to Plaintiff. Plaintiff will ask leave of the Court to amend this Complaint to show their true names and capacities when ascertained. 7 The obligation and claims sued upon herein were made and entered into and are due and 10 payable in the above-mentioned Judicial District and County, State of California, and are not subject to 11 the provisions of Sections 1812.10 and 2984.4 of the California Civil Code and Section 395(b) of the 12 California Civil Code of Procedure. 13 8 At all times herein mentioned, the Defendants were agents and employees of the other 14 Defendants and were acting within the course and scope of such agency and employment. 15 9 Plaintiff is informed and believes and thereon alleges that each Defendant is and at all times 16 herein mentioned was, an alter ego and/or successor in interest of each other Defendant, in order to 17 perpetrate a fraud and to accomplish other wrongful and inequitable purposes, such that the Court must 18 disregard the separate entities and treat each entities’ acts as set forth herein as if they were done by each 19 of these named Defendants. 20 FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 21 (Against All Defendants; and DOES 1 through 10, Inclusive) 22 10. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as 23 though fully set forth herein. 24 11. Plaintiff's Assignor and Defendants entered into a written agreement wherein Plaintiff's 25 Assignor agreed to provide a policies of workers compensation insurance to the Defendants, bearing 26 Policy Nos. 9269564-21 (covering the period of February 4, 2021 through February 4, 2022) and 9269564- 27 22 (covering the period of February 4, 2022 through March 14, 2022) and Defendants agreed to pay 28 premiums in accordance with the terms and conditions of said policies which provided for payment of -2- COMPLAINT FOR MONEY premiums. 12. Said Defendants accepted said workers compensation insurance policies bearing Policy Nos. 9269564-21 and 9269564-22, and, in consideration thereof, agreed to the terms and conditions set forth therein which provided payment of premiums. 13. Plaintiff's Assignor has performed everything on its part to be performed under said insurance policies. 14. Defendants breached that part of Policy No. 9269564-21 requiring the payment of the premium assessed by Plaintiff's Assignor at the conclusion of Policy No. 9269564-21 in the amount of $1,703.46. Said balance has not been paid although payment has been demanded, and there is now due, 10 owing and unpaid from the Defendants to Plaintiff said Debt, together with interest thereon at the rate of 11 ten percent (10%) per annum since demanded on the Due Date as set forth in Paragraph 3 herein. 12 15. Defendants breached that part of Policy No. 9269564-22 requiring the payment of the 13 premium assessed by Plaintiff's Assignor at the conclusion of Policy No. 9269564-22 in the amount of 14 $4,917.28. Said balance has not been paid although payment has been demanded, and there is now due, 15 owing and unpaid from the Defendants to Plaintiff said Debt, together with interest thereon at the rate of 16 ten percent (10%) per annum since demanded on the Due Date as set forth in Paragraph 3 herein. 17 SECOND CAUSE OF ACTION (OPEN BOOK ACCOUNT) 18 (Against All Defendants; and DOES 1 through 10, Inclusive) 19 16. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as 20 though fully set forth herein. 21 17. Within four years preceding the commencement of this action, Defendants, and each of 22 them, became indebted to Plaintiff's Assignor in the amount of the Debt for a balance due on an open 23 book account for goods sold and delivered and/or services rendered by Plaintiff's Assignor to Defendants 24 at Defendants’ request. Said Debt has not been paid although payment has been demanded, and said Debt 25 is now due, owing and unpaid, together with interest thereon at the rate of ten percent (10%) per annum 26 since demanded on the Due Date. 27 18. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the 28 provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded -3- COMPLAINT FOR MONEY attorney’s fees pursuant to said section. THIRD CAUSE OF ACTION (ACCOUNT STATED) (Against All Defendants; and DOES 1 through 10, Inclusive) 19. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 20. Within four years preceding the commencement of this action, an account was stated by and between Plaintiff’s Assignor and Defendants, and each of them, wherein it was ascertained and agreed that said Defendants owed said Debt to Plaintiff's Assignor together with interest thereon at the rate of ten percent (10%) per annum from the Due Date. 10 21. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the 11 provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded 12 attorney’s fees pursuant to said section. 13 FOURTH CAUSE OF ACTION (REASONABLE VALUE) 14 (Against All Defendants; and DOES 1 through 10, Inclusive) 15 22. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as 16 though fully set forth herein. 17 23. Within two years preceding the commencement of this action Defendants, and each of 18 them, became indebted to Plaintiffs Assignor for the reasonable value of goods sold and delivered and/or 19 services rendered by Plaintiff's Assignor to said Defendants’ request, the Debt was and is the reasonable 20 value of said goods, and/or services. No part of said Debt has been paid although payment has been 21 demanded, and said Debt is now due, owing and unpaid, together with interest at the rate of ten percent 22 (10%) per annum since demanded on the Due Date. 23 24. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the 24 provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded 25 attorney’s fees pursuant to said section. 26 WHEREFORE, Plaintiff prays for judgment against the Defendants and each of them, as follows: 27 AS TO THE FIRST CAUSE OF ACTION 28 1 As to Policy No. 9269564-21, for a sum of $1,703.46 together with interest thereon at the -4- COMPLAINT FOR MONEY rate of ten percent (10%) per annum from May 30, 2022; 2 As to Policy No. 9269564-22, for a sum of $4,917.28 together with interest thereon at the rate of ten percent (10%) per annum from June 3, 2022 3 For costs of suit herein; and 4 For such other and further relief as the Court may deem just and proper. AS TO THE SECOND, THIRD AND FOURTH CAUSES OF ACTION 1 As to Policy No. 9269564-21, for a sum of $1,703.46 together with interest thereon at the rate of ten percent (10%) per annum from May 30, 2022; 2. As to Policy No. 9269564-22, for a sum of $4,917.28 together with interest thereon at the 10 rate of ten percent (10%) per annum from June 3, 2022; 11 3 For costs of suit incurred herein; 12 4 For attorney’s fees pursuant to California Civil Code Section 1717.5; and 13 5 For such other and further relief as the Court may deem just and proper. 14 15 DATED: October 4, 2022 LAW OFFICES OF KENNETH J. FREED 16 Et TWA 17 BY: Eric Jun (Oct 4, 2022 15:23 PDT) ERIC J. JUN, ESQ 18 Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC 19 20 [Electronic Signature per C.R.C. 2.257(a)] 21 22 23 24 25 26 27 28 COMPLAINT FOR MONEY