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OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 1 of 4 Trans ID: LCV20231719030
Michael Roberts Esq. ID No. 27832-2019
The Roberts Law Firm, LLC
1072 Madison Avenue, Lakewood, New Jersey 08701,
Suite D, Madison Avenue Executive Complex
(732) 813-7080
Attorney for Plaintiff, Blueberry Funding, LLC
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Blueberry Funding, LLC, Superior Court of New Jersey
Ocean County
Plaintiff, Law Division
CIVIL ACTION
-against- Docket No.
Leor Moshe, 120 Whitesville LLC, John Does 1-10
(Fictitiously named), XYZ Corporations 1-10 fictitiously named)
Defendants
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COMPLAINT
Plaintiff, Blueberry Funding LLC, (hereinafter “Plaintiff”, or “Blueberry”), by its
attorney Michael Roberts, Esq. as and for its complaint against Leor Moshe (“Defendant 1” or
“Moshe”), and the 120 Whitesville LLC, (“Defendant 2” or “Whitesville”) (collectively, the
“Defendants”), the Plaintiff herein, alleges as follows:
1. Plaintiff, Blueberry Funding LLC, is a Delaware limited liability
company, having an address at 756 Gail Chambers Road, Jackson, New Jersey 08527.
2. Upon information and belief, Defendant, Leor Moshe, is an individual
with an address at 437 Brentwood Avenue, Toms River, New Jersey 08755.
3. Upon information and belief, Defendant, 120 Whitesville LLC, a New
Jersey limited liability company, with an address at 437 Brentwood Avenue, Toms River, New
Jersey 08755.
BACKGROUND
4. On or about March 16th 2023, the Defendants executed a Promissory Note and
OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 2 of 4 Trans ID: LCV20231719030
other related documents (the “Agreement”) for a line credit up to Eight Million ($8,000,000.00)
Dollars.
5. Soon thereafter, Defendants received the sum of Three Million Five Hundred
Thousand ($3,500,000.00) Dollars from Plaintiff pursuant to the Agreement.
6. Thereafter, Defendants returned partial payment of One Million of
($1,000,000.00) Dollars.
7. Upon information and belief, as of todays date, Defendants have defaulted and
absconded with the remaining Two Million Five Hundred Thousand ($2,500,000.00) Dollars.
VENUE
8. Venue is Proper in Ocean County as Defendant resides in Ocean County and is
where the cause of action arose.
FIRST COUNT
9. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1
through 8 as if fully set forth herein.
10. Defendants have absconded with Plaintiff’s Two Million Five Hundred
Thousand ($2,500,000.00) Dollars.
11. Defendants have fraudulently induced Plaintiff to provide Defendants not less
than Two Million Five Hundred Thousand ($2,500,000.00) Dollars with no intention of
returning said moneys.
12. Defendants have been unjustly enriched by the sum of not less than Two Million
Five Hundred Thousand ($2,500,000.00) Dollars of Plaintiff’s money, with no intention of
returning said moneys to Plaintiff.
13. Consequently, Defendants owe Plaintiff a sum in the amount of not less than Two
Million Five Hundred Thousand ($2,500,000.00) Dollars.
WHEREFORE, Plaintiff demands judgment against Defendants
jointly and severally, for;
(1) Compensatory damages;
(2) Punitive damages;
OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 3 of 4 Trans ID: LCV20231719030
(3) Attorney's fees;
(4) Lawful interest;
(5) Costs of suit;
(6) Payment of Two Million Five Hundred Thousand ($2,500,000.00) Dollars;
(7) For such other relief as the Court deems equitable and appropriate
Dated: June 6, 2023
The Roberts Law Firm, LLC
Attorneys for Plaintiff
By:_
Michael Roberts, Esq.
33 Princeton Avenue
Brick, New Jersey 08724
(732) 813-7080
OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 4 of 4 Trans ID: LCV20231719030
CERTIFICATION OF NO OTHER ACTIONS
Pursuant to NJ Court Rule 4:5-1(b)(2), it is hereby stated that the matter in controversy is not
the subject of any other action pending in any other court or of a pending arbitration proceeding to
the best of my knowledge or belief, other than the arbitration proceeding described in the Complaint.
Also, to the best of my belief, no other action or arbitration proceeding is contemplated. Further, other
than the parties set forth in this pleading, I know of no other parties that should be joined in the above
action. In addition, I recognize the continuing obligation of each party to file and serve on all parties
and the Court an amended certification if there is a change in the facts stated in this original
certification.
By:_ ________________
Michael Roberts, Esq.
CERTIFICATION OF COMPLIANCE WITH R. 1:38-7(c)
I certify that confidential identifiers have been redacted from documents now submitted to the court, and
will be redacted from all documents submitted in the future in accordance with R. 1:38-7 (b).
By:___________________
Michael Roberts, Esq.
OCN-L-001301-23 06/06/2023
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10:01:39AM
AM Pg 1 of 1 Trans
TransID:
ID:LCV20231719030
LCV20231719030
Civil Case Information Statement
Case Details: OCEAN | Civil Part Docket# L-001301-23
Case Caption: BLUEBERRY FUNDING LL C VS MOSHE Case Type: CONTRACT/COMMERCIAL TRANSACTION
LEOR Document Type: Complaint
Case Initiation Date: 06/06/2023 Jury Demand: NONE
Attorney Name: MICHAEL ROBERTS Is this a professional malpractice case? NO
Firm Name: THE ROBERTS LAW FIRM, LLC Related cases pending: NO
Address: 33 PRINCETON AVENUE If yes, list docket numbers:
LAKEWOOD NJ 08724 Do you anticipate adding any parties (arising out of same
Phone: 7328137080 transaction or occurrence)? NO
Name of Party: PLAINTIFF : Blueberry Funding LLC Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: Blueberry Funding LLC? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
06/06/2023 /s/ MICHAEL ROBERTS
Dated Signed
Preview
OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 1 of 4 Trans ID: LCV20231719030 Michael Roberts Esq. ID No. 27832-2019 The Roberts Law Firm, LLC 1072 Madison Avenue, Lakewood, New Jersey 08701, Suite D, Madison Avenue Executive Complex (732) 813-7080 Attorney for Plaintiff, Blueberry Funding, LLC ---------------------------------------------------------------------x Blueberry Funding, LLC, Superior Court of New Jersey Ocean County Plaintiff, Law Division CIVIL ACTION -against- Docket No. Leor Moshe, 120 Whitesville LLC, John Does 1-10 (Fictitiously named), XYZ Corporations 1-10 fictitiously named) Defendants ---------------------------------------------------------------------x COMPLAINT Plaintiff, Blueberry Funding LLC, (hereinafter “Plaintiff”, or “Blueberry”), by its attorney Michael Roberts, Esq. as and for its complaint against Leor Moshe (“Defendant 1” or “Moshe”), and the 120 Whitesville LLC, (“Defendant 2” or “Whitesville”) (collectively, the “Defendants”), the Plaintiff herein, alleges as follows: 1. Plaintiff, Blueberry Funding LLC, is a Delaware limited liability company, having an address at 756 Gail Chambers Road, Jackson, New Jersey 08527. 2. Upon information and belief, Defendant, Leor Moshe, is an individual with an address at 437 Brentwood Avenue, Toms River, New Jersey 08755. 3. Upon information and belief, Defendant, 120 Whitesville LLC, a New Jersey limited liability company, with an address at 437 Brentwood Avenue, Toms River, New Jersey 08755. BACKGROUND 4. On or about March 16th 2023, the Defendants executed a Promissory Note and OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 2 of 4 Trans ID: LCV20231719030 other related documents (the “Agreement”) for a line credit up to Eight Million ($8,000,000.00) Dollars. 5. Soon thereafter, Defendants received the sum of Three Million Five Hundred Thousand ($3,500,000.00) Dollars from Plaintiff pursuant to the Agreement. 6. Thereafter, Defendants returned partial payment of One Million of ($1,000,000.00) Dollars. 7. Upon information and belief, as of todays date, Defendants have defaulted and absconded with the remaining Two Million Five Hundred Thousand ($2,500,000.00) Dollars. VENUE 8. Venue is Proper in Ocean County as Defendant resides in Ocean County and is where the cause of action arose. FIRST COUNT 9. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 8 as if fully set forth herein. 10. Defendants have absconded with Plaintiff’s Two Million Five Hundred Thousand ($2,500,000.00) Dollars. 11. Defendants have fraudulently induced Plaintiff to provide Defendants not less than Two Million Five Hundred Thousand ($2,500,000.00) Dollars with no intention of returning said moneys. 12. Defendants have been unjustly enriched by the sum of not less than Two Million Five Hundred Thousand ($2,500,000.00) Dollars of Plaintiff’s money, with no intention of returning said moneys to Plaintiff. 13. Consequently, Defendants owe Plaintiff a sum in the amount of not less than Two Million Five Hundred Thousand ($2,500,000.00) Dollars. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally, for; (1) Compensatory damages; (2) Punitive damages; OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 3 of 4 Trans ID: LCV20231719030 (3) Attorney's fees; (4) Lawful interest; (5) Costs of suit; (6) Payment of Two Million Five Hundred Thousand ($2,500,000.00) Dollars; (7) For such other relief as the Court deems equitable and appropriate Dated: June 6, 2023 The Roberts Law Firm, LLC Attorneys for Plaintiff By:_ Michael Roberts, Esq. 33 Princeton Avenue Brick, New Jersey 08724 (732) 813-7080 OCN-L-001301-23 06/06/2023 10:01:39 AM Pg 4 of 4 Trans ID: LCV20231719030 CERTIFICATION OF NO OTHER ACTIONS Pursuant to NJ Court Rule 4:5-1(b)(2), it is hereby stated that the matter in controversy is not the subject of any other action pending in any other court or of a pending arbitration proceeding to the best of my knowledge or belief, other than the arbitration proceeding described in the Complaint. Also, to the best of my belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading, I know of no other parties that should be joined in the above action. In addition, I recognize the continuing obligation of each party to file and serve on all parties and the Court an amended certification if there is a change in the facts stated in this original certification. By:_ ________________ Michael Roberts, Esq. CERTIFICATION OF COMPLIANCE WITH R. 1:38-7(c) I certify that confidential identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with R. 1:38-7 (b). By:___________________ Michael Roberts, Esq. OCN-L-001301-23 06/06/2023 OCN-L-001301-23 06/06/202310:01:39 10:01:39AM AM Pg 1 of 1 Trans TransID: ID:LCV20231719030 LCV20231719030 Civil Case Information Statement Case Details: OCEAN | Civil Part Docket# L-001301-23 Case Caption: BLUEBERRY FUNDING LL C VS MOSHE Case Type: CONTRACT/COMMERCIAL TRANSACTION LEOR Document Type: Complaint Case Initiation Date: 06/06/2023 Jury Demand: NONE Attorney Name: MICHAEL ROBERTS Is this a professional malpractice case? NO Firm Name: THE ROBERTS LAW FIRM, LLC Related cases pending: NO Address: 33 PRINCETON AVENUE If yes, list docket numbers: LAKEWOOD NJ 08724 Do you anticipate adding any parties (arising out of same Phone: 7328137080 transaction or occurrence)? NO Name of Party: PLAINTIFF : Blueberry Funding LLC Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): Unknown Are sexual abuse claims alleged by: Blueberry Funding LLC? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 06/06/2023 /s/ MICHAEL ROBERTS Dated Signed