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ELECTRONICALLY
FILED
Superior Court of Catifornia,
GINO J. MOLINARI, SB#086467 tty eee
Law Offices of Gino J. Molinari 10/30/2018
3366 Twenty Second Street BY:EDWARD SANTOS.
San Francisco, CA 94110 Deputy Clerk
Telephone: (415)863-3767
Faesimile: (415)648-3130
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
(Unlimited Jurisdiction)
TIMOTHY A. BONNICI, an
individual, 557-6 B68
Plaintiff, Case No. CGC-17-37668
Vv.
AMENDED
CHARLES McMACKIN, an Complaint for Damages
individual, CARROLL HENRY,
an individual, and DOES 1} to 20,
inclusive,T
Defendants.
Plaintiff, TIMOTHY A. BONNICI, complains of defendants, and each of them, as
follows:
General Allegations
1. Defendant, CHARLES McMACKIN, is a resident of the City and County of San
Francisco, California, and in doing the things as hereinafter alleged, acted in part in San
Francisco, and in part throughout the nine Bay Area Counties.
2. Defendant, CARROLL HENRY, is a resident of the City of Daly City, County of San
Mateo, State of California, and in doing the things as hereinafter alleged, acted in part in San
Francisco County, and in part throughout the nine Bay Area Counties.
Complaint for Damages ~ 13. Defendants Does | through 20, inclusive, are sued herein under fictitious names. Their
true names and capacities are unknown to plaintiff. When their true names and capacities are
ascertained, plaintiff will amend this complaint by inserting their true names and capacities
herein. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named
defendants is responsible in some manner for the occurrences herein alleged, and that plaintiffs
damages as herein alleged were proximately caused by those defendants. Each reference in this
complaint to "defendant", "defendants", or a specifically named defendant refers also to all
defendants sued under fictitious names.
4. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned|
each of the defendants, including all defendants sued under fictitious names, was the agent and
employee of each of the remaining defendants, and in doing the things hereinafter alleged, was
acting within the course and scope of this agency and employment.
5. The allegations of this complaint stated on information and belief are likely to have
evidentiary support after a reasonable opportunity for further investigation or discovery.
FIRST CAUSE OF ACTION
(Defamation)
6, For the past approximately 8 years, and continuing to the filing of plaintiff's motion to
set aside default judgment in this action, at which point the actions complained of in this
complaint against ceased, the defendants, and each of them, have been spreading rumors and
innuendo, and outright lies about the plaintiff referring to plaintiff's conduct as a buyer and seller
of jewelry and other items of value, with the intent of leading other sellers to believe falsely that
plaintiff, and plaintiff's associates, conduct their business in deceptive, illegal, false and
fraudulent manner. These allegations include, but are not limited to, allegations of theft of
properties offered for sale. These actions and representations of the defendants, have resulted in
the plaintiff being barred from many estate and other sales, including, but not limited to, sales in
Complaint for Damages ~ 2San Francisco County, California, San Mateo County, California, Alameda County, California,
Santa Clara County, California, and Sonoma County, California.
7. Plaintiff is informed and believes, and thereon alleges, that some of the rumors and
innuendo were published by the defendants, and each of them, in writing, including but not
limited to e-mails distributed to actual and potential sellers; but, such rumors and innuendo were
most certainly published verbally, in full hearing of others attending the various sales. Fully
known to the defendants, and each of them, the most recent accusations, including but not
limited to, the motivation of the defendants, and each of them, in bringing the companion
lawsuit, giving rise to the instant action, were recorded by the plaintiff, until the harassment of
the defendants, and each of them, ceased, as hereinabove set forth,
8. These publications, both in writing and verbally, were made of and concerning the
plaintiff, and were so understood by those who read and heard the publications.
9. The entirety of these rumors, innuendo and lies were and are false as they pertain to
plaintiff.
10. The above-described rumors, innuendo and lies constitute libel and slander, as
applies, on their face. They clearly have exposed and continue to expose, plaintiff to hatred,
contempt, ridicule, and obloquy as relates to the intentional exclusion of plaintiff from the sales
that over the years plaintiff has had the opportunity to attend along with the rest of the public,
which opportunity is now denied him, as more specifically hereinafter described.
11. Asa proximate result of the above-described publications, both written and verbal,
has been excluded from sales and other promotions by which the plaintiff has been able make a
modest living as both buyer and seller, and plaintiff has suffered loss to his reputation, shame,
mortification, and hurt feelings all to his general damages in the sum of $400,000.00.
Complaint for Damages - 312. The above-described publications, both written and verbal, continue to the date of this|
complaint by defendants, and each of them, with the last known accusations against the plaintiff
occurring over the weekend of March 24-25, 2018, were, and continue to be, published by the
defendants, and each of them, within the earshot of other participants of the various sales noted,
with malice, oppression and fraud, having the intended effect of shutting out the plaintiff from
such sales, and thus plaintiff seeks an award of punitive damages in a sum sufficient the punish
the defendants, and each of them, and make examples of them to the community at large.
WHEREFORE, cross-complainant prays judgment against the cross-defendants, and each
of them, as hereinafter set forth.
SECOND CAUSE OF ACTION
(Interference With Economic Relations)
13. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates
said allegations in this cause of action as if fully set forth herein.
14. Throughout the time mentioned in this complaint, the defendants, and each of them,
knew that plaintiff, and his associates, were, and are, engaged in the business of purchasing and
selling jewelry, and other items of value. The defendants, and each of them, knew that the
sources relied on by plaintiff for his purchases include, but are not limited to, garage sales, yard
sales, auctions, flea markets and private estate sales. Throughout the time mentioned in this
complaint, the defendants, and each of them, took affirmative steps and actions to interfere with
the plaintiffs’ right and ability to conduct his chosen profession.
15. Defendants, and each of them, frequent the same venues for the same purpose as
plaintiff, and in competition with plaintiff. By reason of this competition, and the defendants'
previous inability to effectively engage in competition, the defendants, and each of them, set
upon a course to interfere with the plaintiff's buyers and seller's relationships with the plaintiff.
Complaint for Damages - 4a
16. For purposes of gaining an unfair bidding advantage over the plaintiff at these venues,
the defendants, and each of them, have engaged in the activities noted hereinabove, which
continue to the date of this complaint, and last experienced over the weekend of March 24-25,
2018, by reason of which, plaintiff, and his associates have been effectively been banned from
participating in the sales.
17. As a proximate result of being banned from the sales, together with other conduct of
the defendants, and each of them, plaintiff has been damaged in the sum of $400,000.00.
18. The aforementioned acts of the defendants and each of them, were willful, oppressive
and malicious. Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish the
defendants, and each of them, and make examples of them to the community at large.
19. Defendants, and each of them, threaten to, and unless restrained, will, continue to
disrupt other business relationships, to plaintiff's great and irreparable injury, for which damages
would not afford adequate relief, in that they would not completely compensate for the injury to
plaintiff's business reputation and goodwill.
WHEREFORE, plaintiff prays judgment against the defendants, and each of
them, as hereinafter set forth.
THIRD CAUSE OF ACTION
(Elder Abuse)
20. Plaintiff refers to each and every allegation of each paragraph set forth hereinabove,
and incorporates said allegations in this cause of action, as if fully set forth herein.
21. At all times mentioned herein, plaintiff was over 65 years of age, and as a result of
was and remains an "elder" within the meaning of Welf. & Inst. C § 15657.
22. Atall times mentioned herein, defendants, and each of them, knew that plaintiff was
aged, and in doing the things hereinabove alleged, knowingly did those things in intentional
Complaint for Damages - 5be
contravention of the rights of plaintiff as an elderly person, and in conscious exploitation of his
financial wherewithal as an elder.
23. Notwithstanding such knowledge, and for the sake of monetary gain, defendants, and
each of them, consciously and knowingly subjected plaintiff to the actions alleged hereinabove,
based on defendant's motive of profiting from their misconduct, all to plaintiff's damage,
according to proof.
WHEREFORE, plaintiff prays judgment against defendants, and each of them, as
hereinafter set forth.
FOURTH CAUSE OF ACTION
(Conspiracy)
24. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates
said allegations in this cause of action as if fully set forth herein,
25. At all times mentioned herein, defendants, and each of them, knowingly and willfully
conspired and agreed among themselves that they would do the things against the plaintiff as
alleged hereinabove, and cause the damages to the plaintiff as alleged.
26. Defendants, and each of them, did the acts and things herein alleged pursuant to, and
in furtherance of, the conspiracy and above-alleged agreement. The last known acts and
representations of the defendants, and each of them, in furtherance of the conspiracy occurred
during the weekend sales on March 24 and 25, 2018, at which time defendant, Charles
McMackin, told the plaintiff directly, and within earshot of many of the vendors and buyers at
the sales, that he and defendant, Carroll Henry, agreed to share equally in the monetary damages
Henry could recover in his related action, San Francisco Superior Court No. CGC-553340.
Complaint for Damages - 627. As a proximate result of the wrongful acts herein alleged, plaintiff has been generally
damaged in a sum according to proof.
28. Defendants, and each of them, did the things herein alleged maliciously and to
oppress plaintiff. Plaintiff is therefore entitled to exemplary or punitive damages in a sum
appropriate and sufficient to make examples of the defendants, and each of them, to the
community at large.
WHEREFORE, plaintiff prays judgment against defendants, and each of them, as
follows:
1. For general damages in the sum of $400,000.00;
2. For special damages in a sum according to proof:
3. For exemplary or punitive damages in a sum sufficient to make examples of the cross-
defendants, and each of them, to the community at large.
4. For an order requiring the defendants, and each of them, to show cause, if any they
have, why they should not be enjoined as set forth below during the pendency of this action.
5. For a temporary restraining order, a preliminary injunction, and a permanent
injunction, enjoining the defendants, and each of them, from making any false
misrepresentations against the plaintiff, or otherwise harassing the plaintiff concerning his
business relationships.
6. For costs of suit incurred herein; and,
7. For such other and further relief as the tp Hi
: 81/4
Dated: Y ee ae
Lode i. Goto
Attorney for Plaintiff
Jit
Complaint for Damages ~ 7Verification
L Timothy A. Bonnici, hereby declare as follows:
I am the plaintiff in this matter. With the exception of the matters stated herein on my
information and belief, I have personal knowledge of the matters stated in this amended
complaint, and same is true of my own knowledge. As to the matters stated herein on my
information and belief, I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: Zoot frnntee
Timothy A. Bonnici, Declarant
Complaint for Damages - ¢
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ELECTRONICALLY FILED Superior Court of Catifornia, GINO J. MOLINARI, SB#086467 tty eee Law Offices of Gino J. Molinari 10/30/2018 3366 Twenty Second Street BY:EDWARD SANTOS. San Francisco, CA 94110 Deputy Clerk Telephone: (415)863-3767 Faesimile: (415)648-3130 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO (Unlimited Jurisdiction) TIMOTHY A. BONNICI, an individual, 557-6 B68 Plaintiff, Case No. CGC-17-37668 Vv. AMENDED CHARLES McMACKIN, an Complaint for Damages individual, CARROLL HENRY, an individual, and DOES 1} to 20, inclusive,T Defendants. Plaintiff, TIMOTHY A. BONNICI, complains of defendants, and each of them, as follows: General Allegations 1. Defendant, CHARLES McMACKIN, is a resident of the City and County of San Francisco, California, and in doing the things as hereinafter alleged, acted in part in San Francisco, and in part throughout the nine Bay Area Counties. 2. Defendant, CARROLL HENRY, is a resident of the City of Daly City, County of San Mateo, State of California, and in doing the things as hereinafter alleged, acted in part in San Francisco County, and in part throughout the nine Bay Area Counties. Complaint for Damages ~ 13. Defendants Does | through 20, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to plaintiff. When their true names and capacities are ascertained, plaintiff will amend this complaint by inserting their true names and capacities herein. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiffs damages as herein alleged were proximately caused by those defendants. Each reference in this complaint to "defendant", "defendants", or a specifically named defendant refers also to all defendants sued under fictitious names. 4. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned| each of the defendants, including all defendants sued under fictitious names, was the agent and employee of each of the remaining defendants, and in doing the things hereinafter alleged, was acting within the course and scope of this agency and employment. 5. The allegations of this complaint stated on information and belief are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. FIRST CAUSE OF ACTION (Defamation) 6, For the past approximately 8 years, and continuing to the filing of plaintiff's motion to set aside default judgment in this action, at which point the actions complained of in this complaint against ceased, the defendants, and each of them, have been spreading rumors and innuendo, and outright lies about the plaintiff referring to plaintiff's conduct as a buyer and seller of jewelry and other items of value, with the intent of leading other sellers to believe falsely that plaintiff, and plaintiff's associates, conduct their business in deceptive, illegal, false and fraudulent manner. These allegations include, but are not limited to, allegations of theft of properties offered for sale. These actions and representations of the defendants, have resulted in the plaintiff being barred from many estate and other sales, including, but not limited to, sales in Complaint for Damages ~ 2San Francisco County, California, San Mateo County, California, Alameda County, California, Santa Clara County, California, and Sonoma County, California. 7. Plaintiff is informed and believes, and thereon alleges, that some of the rumors and innuendo were published by the defendants, and each of them, in writing, including but not limited to e-mails distributed to actual and potential sellers; but, such rumors and innuendo were most certainly published verbally, in full hearing of others attending the various sales. Fully known to the defendants, and each of them, the most recent accusations, including but not limited to, the motivation of the defendants, and each of them, in bringing the companion lawsuit, giving rise to the instant action, were recorded by the plaintiff, until the harassment of the defendants, and each of them, ceased, as hereinabove set forth, 8. These publications, both in writing and verbally, were made of and concerning the plaintiff, and were so understood by those who read and heard the publications. 9. The entirety of these rumors, innuendo and lies were and are false as they pertain to plaintiff. 10. The above-described rumors, innuendo and lies constitute libel and slander, as applies, on their face. They clearly have exposed and continue to expose, plaintiff to hatred, contempt, ridicule, and obloquy as relates to the intentional exclusion of plaintiff from the sales that over the years plaintiff has had the opportunity to attend along with the rest of the public, which opportunity is now denied him, as more specifically hereinafter described. 11. Asa proximate result of the above-described publications, both written and verbal, has been excluded from sales and other promotions by which the plaintiff has been able make a modest living as both buyer and seller, and plaintiff has suffered loss to his reputation, shame, mortification, and hurt feelings all to his general damages in the sum of $400,000.00. Complaint for Damages - 312. The above-described publications, both written and verbal, continue to the date of this| complaint by defendants, and each of them, with the last known accusations against the plaintiff occurring over the weekend of March 24-25, 2018, were, and continue to be, published by the defendants, and each of them, within the earshot of other participants of the various sales noted, with malice, oppression and fraud, having the intended effect of shutting out the plaintiff from such sales, and thus plaintiff seeks an award of punitive damages in a sum sufficient the punish the defendants, and each of them, and make examples of them to the community at large. WHEREFORE, cross-complainant prays judgment against the cross-defendants, and each of them, as hereinafter set forth. SECOND CAUSE OF ACTION (Interference With Economic Relations) 13. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates said allegations in this cause of action as if fully set forth herein. 14. Throughout the time mentioned in this complaint, the defendants, and each of them, knew that plaintiff, and his associates, were, and are, engaged in the business of purchasing and selling jewelry, and other items of value. The defendants, and each of them, knew that the sources relied on by plaintiff for his purchases include, but are not limited to, garage sales, yard sales, auctions, flea markets and private estate sales. Throughout the time mentioned in this complaint, the defendants, and each of them, took affirmative steps and actions to interfere with the plaintiffs’ right and ability to conduct his chosen profession. 15. Defendants, and each of them, frequent the same venues for the same purpose as plaintiff, and in competition with plaintiff. By reason of this competition, and the defendants' previous inability to effectively engage in competition, the defendants, and each of them, set upon a course to interfere with the plaintiff's buyers and seller's relationships with the plaintiff. Complaint for Damages - 4a 16. For purposes of gaining an unfair bidding advantage over the plaintiff at these venues, the defendants, and each of them, have engaged in the activities noted hereinabove, which continue to the date of this complaint, and last experienced over the weekend of March 24-25, 2018, by reason of which, plaintiff, and his associates have been effectively been banned from participating in the sales. 17. As a proximate result of being banned from the sales, together with other conduct of the defendants, and each of them, plaintiff has been damaged in the sum of $400,000.00. 18. The aforementioned acts of the defendants and each of them, were willful, oppressive and malicious. Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish the defendants, and each of them, and make examples of them to the community at large. 19. Defendants, and each of them, threaten to, and unless restrained, will, continue to disrupt other business relationships, to plaintiff's great and irreparable injury, for which damages would not afford adequate relief, in that they would not completely compensate for the injury to plaintiff's business reputation and goodwill. WHEREFORE, plaintiff prays judgment against the defendants, and each of them, as hereinafter set forth. THIRD CAUSE OF ACTION (Elder Abuse) 20. Plaintiff refers to each and every allegation of each paragraph set forth hereinabove, and incorporates said allegations in this cause of action, as if fully set forth herein. 21. At all times mentioned herein, plaintiff was over 65 years of age, and as a result of was and remains an "elder" within the meaning of Welf. & Inst. C § 15657. 22. Atall times mentioned herein, defendants, and each of them, knew that plaintiff was aged, and in doing the things hereinabove alleged, knowingly did those things in intentional Complaint for Damages - 5be contravention of the rights of plaintiff as an elderly person, and in conscious exploitation of his financial wherewithal as an elder. 23. Notwithstanding such knowledge, and for the sake of monetary gain, defendants, and each of them, consciously and knowingly subjected plaintiff to the actions alleged hereinabove, based on defendant's motive of profiting from their misconduct, all to plaintiff's damage, according to proof. WHEREFORE, plaintiff prays judgment against defendants, and each of them, as hereinafter set forth. FOURTH CAUSE OF ACTION (Conspiracy) 24. Plaintiff refers to each and every allegation set forth hereinabove, and incorporates said allegations in this cause of action as if fully set forth herein, 25. At all times mentioned herein, defendants, and each of them, knowingly and willfully conspired and agreed among themselves that they would do the things against the plaintiff as alleged hereinabove, and cause the damages to the plaintiff as alleged. 26. Defendants, and each of them, did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy and above-alleged agreement. The last known acts and representations of the defendants, and each of them, in furtherance of the conspiracy occurred during the weekend sales on March 24 and 25, 2018, at which time defendant, Charles McMackin, told the plaintiff directly, and within earshot of many of the vendors and buyers at the sales, that he and defendant, Carroll Henry, agreed to share equally in the monetary damages Henry could recover in his related action, San Francisco Superior Court No. CGC-553340. Complaint for Damages - 627. As a proximate result of the wrongful acts herein alleged, plaintiff has been generally damaged in a sum according to proof. 28. Defendants, and each of them, did the things herein alleged maliciously and to oppress plaintiff. Plaintiff is therefore entitled to exemplary or punitive damages in a sum appropriate and sufficient to make examples of the defendants, and each of them, to the community at large. WHEREFORE, plaintiff prays judgment against defendants, and each of them, as follows: 1. For general damages in the sum of $400,000.00; 2. For special damages in a sum according to proof: 3. For exemplary or punitive damages in a sum sufficient to make examples of the cross- defendants, and each of them, to the community at large. 4. For an order requiring the defendants, and each of them, to show cause, if any they have, why they should not be enjoined as set forth below during the pendency of this action. 5. For a temporary restraining order, a preliminary injunction, and a permanent injunction, enjoining the defendants, and each of them, from making any false misrepresentations against the plaintiff, or otherwise harassing the plaintiff concerning his business relationships. 6. For costs of suit incurred herein; and, 7. For such other and further relief as the tp Hi : 81/4 Dated: Y ee ae Lode i. Goto Attorney for Plaintiff Jit Complaint for Damages ~ 7Verification L Timothy A. Bonnici, hereby declare as follows: I am the plaintiff in this matter. With the exception of the matters stated herein on my information and belief, I have personal knowledge of the matters stated in this amended complaint, and same is true of my own knowledge. As to the matters stated herein on my information and belief, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Zoot frnntee Timothy A. Bonnici, Declarant Complaint for Damages - ¢