Preview
EDWARD L. FANUCCHUI, Esq. - #040786
EDWARD D. FANUCCHI, Esq. - #179783 E-FILED
DAVID M. MOECK, Esq.- #201341 2/13/2018 2:16 PM
QUINLAN, KERSHAW & FANUCCHI, LLP
2125 Merced Street FRESNO COUNTY SUPERIOR COURT
Fresno, California 93721
Telephone: (559) 268-8771 By: L. Whipple, Deputy
Facsimile: (559) 268-5701
Attorneys for Defendants/Cross-Complainants, SUNRISE INVESTMENT ENTERPRISES,
INC,, dba PAC AUTO SALES; RICK PERALES, CELESTINO PERALES
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CENTRAL DIVISION
10 PANTHERA FINANCIAL _INC.,, a CASE #17CECG02756
California Corporation,
11 DEFENDANTS’/CROSS-
Plaintiff, COMPLAINANTS’ REQUEST FOR
12 Vv, JUDICIAL NOTICE IN OPPOSITION TO
DEMURRER
13 SUNRISE INVESTMENT
ENTERPRISES, INC., dba PAC AUTO
14 SALES; RICK PERALES, CELESTINO
PERALES; and Does 1-20,
15
Defendants.
16
SUNRISE INVESTMENT
17 ENTERPRISES, INC., dba PAC AUTO
SALES; RICK PERALES, CELESTINO
18 PERALES, Hearing:
Cross-Complainants, Date: 2/28/18
19 Vv, Time: 3:30 p.m.
Dept: 402
20 PANTHERA FINANCIAL INC., ALEX
JARAMISHIAN, ADESA FRESNO
21 AUTO AUCTION, and Does 1-10,
22 Cross-Defendants. ] Complaint filed: 8/14/2017
J Cross-Complaint filed: 10/11/2017
23
24 Defendants/Cross-Complainants, Sunrise Investment Enterprises, Inc., hereby request
25 this court to take judicial notice of the following documents pursuant to Evidence Code§452(d):
26 1 Plaintiff, Panthera Financial Inc.’s Complaint, a copy of which is attached hereto
27 as Exhibit “A”.
28 2. Defendants/Cross-Complainants’ Cross-Complaint, a copy of which is attached
DEFENDANTS'/CROSS-COMPLAINANTS’
REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER:
1 hereto as Exhibit “B”.
2 || Dated: February - 2018 QUINLAN, KERSHAW & FANUCCHI, LLP.
wr FIO
Por A=
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Defendants/Cross-Complainants.
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DEFENDANTS’/CROSS-COMPLAINANTS
REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER 2
EXHIBIT “A”
Request for Judicial Notice
Case # 17CECG02756
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT
USE ONLY
Thornton Davidson, Esq. #16648'
THORNTON DAVIDSON, P.C.
3451 W, Shaw Avenue, Suite 105
Fresno, California 93711-3242 E-FILED
TELEPHONE NO: 559-476-5064 FAX NO, (Optionay: 559-421-0368 08/10/2017
E-MAIL ADDRESS (Optiona): thornton@thorntondavidsonlaw.com
ATTORNEY FOR (Nama): Panthera Financial Inc,
FRESN( IO COUNTY SUPERIOR COURT
By: M. Sanchez, Deput
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADORESS: 1130 "O" Street
MAILING ADDRESS:
cry
aND zp cone: Fresno 93721
BRANCH NAME: _B.F. Sisk Courthouse
PLAINTIFF: PANTHERA FINANCIAL INC., a California Corporation
DEFENDANT: SUNRISE INVESTMENT ENTERPRISES, Inc., dba PAC AUTO SALES; RICK
PERALES; CELESTINO PERALES; and Does 1-20
[7] does
1 70 20
CONTRACT
(1 comPLAINT [<2] AMENDED COMPLAINT (Number):
C leross-compcaint [_] AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
[] ACTIONS A LIMITED CIVIL CASE case numeer: 4 7CECG02756
Amount demanded does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
(27) ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
[J from timited to untimited
CD from untimited to timited
Plaintiff (name or names):
Panthera Financial Inc.
alleges causes of action against defendant* (name or names):
Sunrise Investment Enterprises, Inc., dba Pac Auto Sales; Rick Perales; Celestino Perales
This pleading, incliding attachments and exhibits, corisists of the following number of pages: 4
a, Each plaintiff named above is a competent adult
([Z) except piaintitf (name):
a) ‘a corporation qualified to do business in California
(2) (“Jan unincorporated entity (describe):
(3) [“Jother (specify):
b, [C7] Plaintiff (name):
a. [[Jhas complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. [7 Jhas complied with all licensing requirements as a licensed (specify):
c. (] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
except defendant (name): Sunrise Investment [except defendant (name):
(1) [__]a business organization, form unknown (1) (a business organization, form unknown
(2) [Ja corporation (2) [__la corporation
(3) [Jan unincorporated entity (describe): (3) [] an unincorporated entity (describe):
(4) [J a public entity (describe): (4) [1] a public entity (describe):
(8) [[_Jother (specify): (5) [_Jother (specify):
7H this form Is used8 a. fintift meens cross-compiainant and defendant maans ceoss-defendant. Page 1of2
Form Approved tor Optional Use
Judicial Couniell of Caitfaria COMPLAINT—Contract Code of Civit Procedure,
§ 425.12
PLD-C-004 [Rev. January 1, 2007]
PLD-C-001
SHORT TITLE: CASE NUMBER:
PANTHERA FINANCIAL v, SUNRISE INVESTMENT et al.
(Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) (27 Doe defendants (specify Doe numbers): 1-10 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) [4] Doe defendants (specify Doe numbers): 11~ are persons whose capacities are unknown to
plaintiff,
c. ([] Information about additional defendants who are not natural persons is contained in Attachment 4.
d. [] Defendants who are joined under Code of Civil Procedure section 382 are (names)
6. ([] Plaintiff is required to comply with a claims statute, and
a. [7] has complied with appticable claims statutes, or
b. [7] Is excused from complying because (specify):
6. [_] This action is subject to [J civil Code section 1812.10 [1 civil Code section 2984.4.
7. This court is the proper court because
a defendant entered into the contract here.
b. [_] a defendant lived here when the contract was entered into.
c. [7] a defendant lives here now.
d. Cv] the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal place of business is here.
t [11 real property that is the subject of this action is located here.
g. ([) other (specify):
The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
[21 Breach of Contract
Common Counts
[71 Other (specify).
9. (_] Other allegations:
10, Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
3 OZ damages of $ 355,000.00
interest on the damages.
(1) C2) according to proof
(2) [7] at the rate of (specify). 18 percent
per year from (date): 1/20/16
attorney's fees
(1) of $
(2) (¥] according to proof.
d. [7] other (specify):
14. EZ] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers).
All enumerated paragraphs.
Date: August 2, 2017
Thornton Davidson, Esq
(TYPE OR PRINT NAME)
Le oP {SIGNATURE(OF
PLA IFF OR ATTORNEY)
(ff you wish to verify this pleading, affix a verification.)
PLD-C-004 [Rev, January#, 2007} COMPLAINT—Contract Page 20f2
PLD-C-001(1)
SHORT TITLE: ‘CASE NUMBER:
PANTHERA FINANCIAL vy, SUNRISE INVESTMENT et al.
FIRST CAUSE OF ACTION—Breach of Contract
(number)
ATTACHMENT TO Complaint C1 Cross
- Complaint
(Use a separate cause of action form for each cause of action.)
BC-1, Plaintiff (game): Panthera Financial Inc,
alleges that on or about (date): January 20, 2016
a written [J orat [7 other (specify):
agreement was made between (name parties to agreement):
Plaintiff and Defendants
A copy of the agreement is attached as Exhibit A, or
{7] The essential terms of the agreement [7] are stated in Attachment BC-1 [2] are as follows (specify):
Defendant Sunrise Investment executed a promissory for $250,000 on or about January 20,
2016, at 25% (modified to18%), in favor of Panthera Financial, for the purpose of purchasing
used vehicles from the public auction. Defendant pledged to Panthera Financial the purchased
vehicles’ titles as collateral, with an obligation to pay off each vehicle as it was sold. Defendants
Rick and Celestino orally borrowed $103,620 for the same purpose at the same rate.
BC-2. On or about (dates); February-March, 2016
defendant breached the agreement by (1 the acts specified in Attachment BC-2 [71 the following acts
(specify):
Defendants, and each of them, breached their agreements with Panthera Financial by: 1) failing
to provide the titles as promised; 2) failing to pay off that portion of the loans as the subject
ehicles sold; and 3) failing to pay the loans when due.
BC-3. Plaintiff has performed ail obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4, Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
as stated in Attachment BC-4 as follows (specify):
Loss of over $355,000.00,
BC-5. [7] Plaintiff is entitied to attorney fees by an agreement or a statute
C5 os
according to proof.
BCS. [4] Other:
Plaintiff incorporates into this cause of action all prior paragraphs and allegations. Plaintiff also
prays for such other and further relief as the Court may grant.
Page 3
Page tort
Form Ay for ial Use CAUSE OF ACTION—Breach of Contract Coda af Civil rons $426.2
Judiciat Council of Caitfornia.
PLD-C-001(1) [Rev. January 1, 2007}
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
PANTHERA FINANCIAL v. SUNRISE INVESTMENT et al.
SECOND CAUSE OF ACTION—Common Counts
‘(humbor)
ATTACHMENT TO Complaint [] Cross - Complaint
(Use @ separate cause of action form for each cause of action.)
CC-1, Plaintiff (ame): Panthera Financial Inc.
alleges that defendant (name): Sunrise Investment Enterprise, Inc, and Rick and Celestino Perales
became indebted to plaintiff (J other (name):
a. ([) within the tast four years
(4) [2] onan open book account
for money due.
(2) [1] because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b TY] within the last two years [_] four years
(1) [71 for money had and received by defendant for the use and benefit of plaintiff.
(2) [[] forwork, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
[21 the sum of §
(] the reasonabie value.
@ CI for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of $
[2] the reasonable value.
(4) for money lent by plaintiffto defendant at defendant's request.
6) CO for money paid, laid out, and expended to or for defendant at defendant's special instance and
juest,
(6) [7] other (specify):
CC-2, $ 355,000.00 , which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus prejudgment interest {[) according to proof [7] at the rate of 18 percent per year
from (date):
cc-3. [4] Piaintiffis entitled to attorney fees by an agreement or a statute
[71 of$
according to proof.
ccs, Other:
'
Plaintiff also prays for such other and further relief as the Court may grant.
Page 4
Form Approved for Optional Use
Page tot
Cora of Gill Procedure, § 426.12
dudiclel Council of Homi CAUSE OF ACTION—Common Counts
PLD-C-001(2) [Rev. January 1, 2008)
EXHIBIT “B”
Request for Judicial Notice
Case # 17CECG02756
‘ATTORNEY OR PARTY WITHOUT ATTORNEY PLD-C-001
lame, State Bar number, and address): FOR COURT USE ONLY
Edward L, Fanucchi, . #040786
r> QUINLAN, KERSHA & FANUCCHL LLP
2125 Merced Street E-FILED
Fresno, CA 93721 10/9/2017 8:00 AM
TeepHonENo: (559) 268-8771 FRKNO. (Optionay: (559) 268-5701
E-MAIL ADDRESS (Optional: FRESNO COUNTY SUPERIOR COURT
ATTORNEY FOR Wane. Cross-Complainants- Sunrise Investment Enterprise, Inc.-et. al. By: E. Medina, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
street aopress; 1130 "O" STREET
‘MAILING ADDRESS;
emvanoze coon FRESNO, CALIFORNIA 93721
oravcn nae: B.F, SISK COURTHOUSE.
pLaintiFr: Sunrise Investment Enterprises, Inc., dba PAC Auto Sales, Rick Perales,
and Celestino Perales
DEFENDANT: Panthera Financial, Inc., Alex Jaramishian, Adesa Fresno Auto Auction
BE] DOES 1 TO 10, Inclusive
CONTRACT
(J comp.ainr [—] AMENDED COMPLAINT (Number):
Lx"] cross-compPLaint [__] AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check ail that apply): CASE NUMBER:
(J ACTION Is A LIMITED CIVIL CASE 17CECG02756
Amount demanded [__] does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
[X_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
[_] ACTION IS REGLASSIFIED by this amended complaint ot cross-complaint
from limited to untimited
[7] from unlimited to limited
Plaintiff (name or names): Sunrise Investment Enterprises, Inc,, dba PAC Auto Sales, Rick Perales, and Celestino Perales
alleges causes of action against defendant" (name or names): Panthera Financial, Inc,, Alex Jaramishian, Adesa Fresno
Auto Auction and Does 1-10, Inclusive
This pleading, including attachments and exhibits, consists of the following number of pages: 7
3. a, Each plaintiff named above is a competent adult
except plaintiff (name): Sunrise Investment Enterprise, Inc,
(1) [J a corporation qualified to do business in Califomia
(2) Jan unincorporated entity (describe):
(3) [_] other (specify):
b. [x] Plaintiff (name): Sunrise Investment Enterprise, Inc,, dba
a has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
PAC Auto Sales
b. [/—] has complied with ail licensing requirements as a licensed (specify):
c. [_] Information about additional plaintifis who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above Is a natural person
except defendant (name); Panthera Financial, X_] except defendant (name): Adesa Fresno Auto Auction
Ic,
(1) [__]a business organization, form unknown (1) @ business organization, form unknown
(2) Gx Ja corporation (2) [-_] @ corporation
(3) [] an unincorporated entity (describe): (3) (7 an unincorporated entity (describe):
(4) (Ja public entity (describe): (4) [1 a public entity (describe):
6) (other (specity): (5) CJ other (specify):
+ ifthls forry Is used 9s a crose-complain!, plalntf means cross-complainant end defendant meens cross-defendar et of 2
Form Approved for Optional Use Code of Chit Procedure, § 425.12
sudiclal Gounod! of California COMPLAINT—Contract is
PLD-C-001 (Rov. Jemuary 1, 2097]
PLD-C-00
SHORT TITLE: CASE NUMBER:
17CECG02756
"4. (Continued)
b. The true names ofdefendants sued as Does ate unknown to plaintiff.
(1) [¢.] Dos defendants (specify Dos numbers): 1-5 —— were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
2) Doe defendants (specify Doe numbers): 6- are persons whose capacities are unknown to
plaintiff,
c. [__] Information about additional defendants who are not natural persons is contained in Attachment 4c,
d, [_} Defendants who are Joined under Code of Civil Procedure section 382 are (names):
5,[_] Plaintiff is required to comply with a claims statute, and
a. [_] has complied with applicable claims statutes, or
b, [] is excused from complying because (specify):
6.[“] This action is subject to [—] Civil Code section 1812.10 [__] Givit Code section 2984.4.
7. This court is the proper court because
a, a defendant entered into the contract here.
b. (£2) a defendant lived here when the contract was entered into.
G a defendant lives here now.
4. [__] the contract was to be performed here.
e a defendant is a corporation or unincorporated association and Its principal place of business is here.
f. [] real property that Is the subject of this action Is located here.
g. [_] other (specify):
The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
{_] Breach of Contract
[_] Common Counts
[ac] Other (specify): Conversion; Intentional Tort; Indemnity and Apportionment of Fault
9. (] Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such reilef as fs fair, just, and equitable; and for
a. damages of: $ In Excess of $250 ,000.00
b. [J interest on the damages
(1) Ge] according to proof _
(2) [] at the rate of (specify): percent per year from (date):
c. [_}attomey’s fees
(1) C_] of s
(2) [] according to proof.
d. [7] other (specify):
Total and complete indemnity for any judgments rendered against us; apportionment of fault.
11. 2] The paragraphs of this pleading alleged on information and bellef.are as follows (specify paragraph numbers):
Cl, 2, 3, 4, 5, 6} IT-1,2,3,4,5,6,7,8,9,1035-1,2,3;AOF-1,2,
Date: October 6, 2017
Edward L. Fanuechi, Esq.
(TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY)
(if you wish to verify this pleading, affix a verification.)
PLD-0-001 [Rev January 1, 2007) COMPLAINT—Contract Page 20f2
Mc-025
SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC CASE NUMBER:
[~ AUTO SALES et al. 17CECG02756
ATTACHMENT (Number): C-1
(This Attachment may be used with any Judicial Counell form.)
FIRST CAUSE OF ACTION- CONVERSION
AS TO ALL CROSS-DEFENDANTS:
C-1. Cross-Complainants hereby incorporate all prior allegations of the cross-complaint as though fully set forth
herein.
C-2. Atall times relevant to this Cross-Complaint, Cross-Complainants had the right of possession related to vehicle
titles (hereinafter "the subject titles") concerning certain vehicles which were owned or in the lawful possession ofcross-
complainants,
C-3. At all times relevant to this cross-complaint, Cross-Defendants and each of them wrongfully took possession of
the subject titles, without the consent or knowledge of Cross-Complainants and did so with the intent to deprive Cross-
Complainants of their rightful possession of the subject titles.
C-4, Cross-Complainants were ignorant of this wrongful possession until in or about August of 2016.
C-5. Thereafter, Cross-Complainants demanded the return of the subject titles from Cross-Defendants, As of the date
of this Cross-Complaint, Cross-Defendants and each of them have refused to return the subject tities to Cross-
Complainants.
:
C-6. As a legal result of thewrongful conduct of Cross-Defendants as sustained economic damages in an amount
according to proof, but in excess of $150,000.00
(if the item that this Attachment concams is made under ‘ponalty of perjury, all statements in this Page
3 of 7__
Attachment are made under penalty of perjury.)
(Add pages as required)
Form. raved for Optional Use ATTACHMENT
judic al Council of Californie
MC-025 {Rev. July1, 2008] to Judicial Council Form
PLD-PI-001(3)
SHORTTITLE: Sunrise Investment Enter prise, Inc, dba PAC Auto Sales v, Panthera CASE NUMBER
Financial, Inc. 17CECG02756
SECOND SC CAUSE OF ACTION —Intentional Tort Page 4
{number)
ATTACHMENT TO [_] Complaint [x_Icross-Complaint
{Use a separate cause of action form for each cause of action.)
'T-4. Piaintiff (name). Sunrise Investment Enterprise, Inc., dba PAC Auto Sales, Rick Perales, and
Celestino Perales
es that gefendant (name):
Bug jon, an
Panthera Financial, Inc., Alex Jaramishian, Adesa Fresno Auto
[x] Does 1 to 10.
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
intentionally caused the damage to plaintiff
on (date): In or about November of 2015 and continuing thereafter
at (place): Fresno, California,
{description of reasons for lability):
IT-2, Cross-Complainants hereby incorporate all prior allegations of the cross-complaint as
though fully set forth herein.
TT-3, At all times relevant to this Cross-Complaint, Cross-Complainants had the right of
possession related to vehicle titles (hereinafter "the subject titles") concerning certain vehicles
which were owned or in the lawful possession of cross-complainants,
IT-4. At all times relevant to this cross-complaint, Cross-Defendants and each of them
wrongfully took possession of the subject titles, without the consent or knowledge of Cross-
Complainants and did so with the intent to deprive Cross-Complainants of their rightful
possession of the subject titles.
IT-5. Cross-Complainants were ignorant of this wrongful possession until in or about August
of 2016.
IT-6, Thereafter, Cross-Complainants demanded the return of the subject titles from Cross-
Defendants, As of the date of this Cross-Complaint, Cross-Defendants and each of them have
refused to return the subject titles to Cross-Complainants.
IT-7, Further, Cross-Defendants repeatedly refused to provide any written contract to Cross-
Complainants which reflected an agreement between the parties or confirmation of discussions
between the patties related to funding, sales, interest rates, timing and the respective
responsibilities and liabilities of the parties, The failure to produce a written contract caused
tod in delay in the timely service, repair, and sale of vehicles
Cross-Comy lainants to question the reliability of the representations made by Cross-Defendants
and result in Cross-Complainants
possession,
IT-8. Further, Cross-Defendant, Alex Jaramishian failed to adequately and timey
communicate with Cross-Complainants and such failures further interferred with Cross-
Complainants ability to timely service, repair and sell vehicles all of which resulted in economic
loss to Cross-Complainants.
SEE PAGE 2 (ATTATCHED)
Page 1of4
Ferm Approved for Optlonal Use.
dudiclel Council of Caittornts CAUSE OF ACTION—Intentional Tort cht gp Memon meas, gaz52
PLD-PI-004(2) [Rev. January 1, 2007]
MC-025
SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC CASE NUMBER:
[- AUTO SALES y, PANTHERA FINANCIAL, INC. 17CECG02756
ATTACHMENT (Number):IT-}
(This Attachment may be used with any Judicial Council form.)
SECOND CAUSE OF ACTION -INTENTIONAL TORT
(CONTINUED)
TE-9 Asa result of Cross-Complainants conduct as describe above Cross-Complainants intentionally interferred with
Cross-Complainants prospectice economic advantage in that Cross-Defendants' conduct prevented and/or delayed the
timely repair, service and sale of vehicles in Cross-Complainants possession, thereby Cross-Defendants Prospective
Economic Advantage.
IT-10 As a legal result of the above described conduct, Cross-Complainants have suffered economic loss in an
amount acording to proof, in excess of $250,000.00.
(if the itam that this Attachment concems is made under penalty of perjury, all statements in this Page 5 of 7
Attachment are made under penaity of perjury.)
(Add pages as required)
f9rOptional Uso ATTACHMENT
sudo sauncil of California
MC-025 {Rav. duty 1, 21 to Judicial Council Form So ‘Ss
NiC-025
SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC ‘CASE NUMBER:
t- AUTO SALES, et al. v. Panthera Financial Inc. 17CHCG02756
ATTACHMENT (Number):
¥-1
(This Attachment may be used with any Judicial Council form.)
THIRD CAUSE OF ACTION-INDEMNIFICATION
AS TO ALL CROSS-DEFENDANTS:
IN-1, Cross-Defendants were the agents, employees, co-ventures, parnters, or in some manner agents or principals,
or both, for each other and were acting within the course and scope of their agency or employment.
IN-2, The prinicpal action alleges among other things conduct entitling Plaintiff to compensatory damages against
us. We contend that we are not liable for events and occurrences described in Plaintiff's complaint,
IN-3. If we are found in some manner responsible to Plaintiff or to anyone else as a result of the incidents and
occurrences described in Plaintiffs complaint, my tiability would be solely upon a derivative form liability not resulting
from our conduct, but only from an obligation imposed upon me by law; we would be entitled to complete indemnity
from Cross-Defendants,
:
{if the item that this Attachment concems is made under penalty of perjury, all statements in this Page 6 of 7
Attachment are made under penalty of perjury.)
"magenta
(Add pages as required)
ATTACHMENT
MC-026 (Rev. July 1, 2008] to Judicial Council Form
MC-025
SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC CASE NUMBER:
|- AUTO SALES, et. al. v. PANTHERA FINANCIAL, INC, 17CECG02756
ATTACHMENT (Number):AOF-1
(This Atlachment may be used with any Judicial Council form.)
FOURTH CAUSE OF ACTION- APPORTIONMENT OF FAULT
AS TO ALL CROSS-DEFENDANTS:
AF-1, Each Cross-Defendant was responsible, in whole or in part, for the injuries, if any, suffered Plaintiff,
AF-2, if 1am judged liable to Plaintiff, each Cross-Defendant should be required:
(1) to pay a share of Plaintiff's judgment which is in proportion to the comparative negligence of that cross-
defendant in causing Plaintiff's damages; and
(2) fo reimburse us to any payments we make to Plaintiff in excess of my proportional share of all Cross-
Defendants’ negligence,
(If the item that this Alachment concerms is made under penalty of perjury, all statements In this Page 7 of 7
Attachment are made under penalty of perjury.)
(Add pages as required)
i16-025ravedCouncil
for Optional Use
of Cabifornia
[Rev. July 1, 2009]
ATTACHMENT
to Judicial Council Form
PROOF OF SERVICE
I, the undersigned, declare:
Jam a citizen of the United States of America, am over the age of cighteon (18) years, and not a party to the
within action, 1am an employee of Quinlan, Kershaw
& Fanucchi, Attorneys at Law, and my business address is 2125
“y
Merced Street, Fresno, California, 93721,
On October r 2017, I caused to be served the following document(s): CROSS-
COMPLAINT(CON’ CT) on the parties involved addressed as follows:
Thornton Davidson, Esq.
Thorton Davidson, P.C.
3451 W. Shaw Avenue, Suite 105
Fresno, CA 93711-3242
Telephone: (559)476-5064
Facsimile: (559)421-0368
10 Counsel: Panthera Financial, Inc.
1 BY PERSONAL DELIVERY: J caused each such envelope to be delivered by hand to the offices of
each addressee above.
12
BY U.S, MAIL: J caused each envelope, with postage thereon fully prepaid, to be placed in the
13 United States mail at Fresno, California. I am readily familiar with the business practice for
collection and processing of mail in this office; and that in the ordinary course of business said
14 document would be deposited with the U.S, Postal Service in Fresno, California on that same day.
1 understand that service shall be presumed invalid upon motion of a party served if the postal
15 cancellation date or postage meter date on the envelope is more than one day after the date of deposit
for mailing contained in this declaration,
16
BY FACSIMILE: By use of a facsimile machine telephone muanber (559) 268-5701, I served a copy
17
of the within document(s) on the above interested parties at the facsimile numbers listed above. The
transmission was reported as complete without error. The transmission report, which is attached to
18
this proof of service, was properly issued by the transmitting facsimile machine.
19
BY FEDERAL EXPRESS OVERNIGHT DELIVERY; J caused each envelope, with delivery fees
20 provided for, to be picked up on this date by a Courier employed by Federal Express or deposited in
@ box regularly maintained by Federal Express. I gm readily familiar with this fiem’s practice for
al collection and processing of documents for overnight delivery and know that in the ordinary course
of this firm’s business practice the document(s) described above will either be deposited in a box or
other facilityregularly maintained by Federal Express or delivered to an authorized courier or driver
22
authorized to receive documents on the same date that it is placed for collection,
23 I declare under pénalty of pexjury under the laws of the State of California that the foregoing is true and correct,
24 Executed at Fresno, California on October UY 2017,
25
26
27 lo Oakes, Legal Assistant
28
‘Panthern Financia, Ine,
Sumvite Invenio nlerpis Ine,
PROOF OF SERVICE
I, the undersigned, declare:
Tam a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the
within action. [ am an employee of Quinian, Kershaw & Fanucchi, Attorneys at Law, and my business address is 2125
Merced Street, Fresno, California, 93721,
On February id , 2018, I caused to be served the following document(s): DEFENDANTS’/CROSS-
COMPLAINANTS’ REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER on the parties
involved addressed as follows:
Thornton Davidson, Esq. Carla J. Hartley, Esq.
Thornton Davidson, P.C. Anna Nagornaia, Esq.
3451 W. Shaw Avenue, Suite 105 Dillingham & Murphy, LLP
Fresno, CA 93711-3242 601 Montgomery Street, Suite 1900
Telephone: (559)476-5064 San Francisco, CA 94111
Facsimile: (559)421-0368 Telephone: (415)397-2700
10 Electronic Mail: thornton@thorntondavidsonlaw.com Facsimile: (415)397-3300
Counsel: Panthera Financial, Inc. Electronic Mail: cjhd@dillinghammurphey.com;
ll an@dillinghammurphey.com
Counsel: Adesa California, LLC.
12
BY PERSONAL DELIVERY: / caused each such envelope to be delivered by hand to the offices of
13 each addressee above,
14 BY U.S. MAIL: I caused each envelope, with postage thereon fully prepaid, to be placed in the
United States mail at Fresno, California. I am readily familiar with the business practice for collection
15 and processing of mail in this office; and that in the ordinary course of business said document would
be deposited with the U.S. Postal Service in Fresno, California on that same day. | understand that
16 service shall be presumed invalid upon motion of a party served if the postal cancellation date or
postage meter date on the envelope is more than one day after the date of deposit for mailing
17 contained in this declaration.
18 BY FACSIMILE: By use of a facsimile machine telephone number (559) 268-5701, 1 served a copy
of the within document(s) on the above interested parties at the facsimile numbers listed above, The
19 transmission was reported as complete without error. The transmission report, which is attached to
this proof of service, was properly issued by the transmitting facsimile machine.
20
BY ELECTRONIC MAIL: I caused such documents to be scanned and sent via electronic mail to
21 the electronic mail addressee(s) at the addresses designated.
22 XXXXXX BY OVERNIGHT DELIVERY: / caused each envelope, with delivery fees provided for, to be
picked up on this date by a Courier employed by an overnight delivery service or deposited in a box
regularly maintained by the overnight delivery service. I am readily familiar with this firm's practice
23 Jor collection and processing of documents for overnight delivery and know that in the ordinary
course of this firm's business practice the document(s) described above will either be deposited in a
24 box or other facility regularly maintained by the overnight delivery service or delivered to an
authorized courier or driver authorized to receive documents on the same date that it is placed for
25 collection.
26 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
ou
and correct. Executed at Fresno, California on February 2018.
27
OWeK
28 Shylo 0:
DEFENDANTS’/CROSS-COMPLAINANTS?
REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER: 3
Preview
EDWARD L. FANUCCHUI, Esq. - #040786 EDWARD D. FANUCCHI, Esq. - #179783 E-FILED DAVID M. MOECK, Esq.- #201341 2/13/2018 2:16 PM QUINLAN, KERSHAW & FANUCCHI, LLP 2125 Merced Street FRESNO COUNTY SUPERIOR COURT Fresno, California 93721 Telephone: (559) 268-8771 By: L. Whipple, Deputy Facsimile: (559) 268-5701 Attorneys for Defendants/Cross-Complainants, SUNRISE INVESTMENT ENTERPRISES, INC,, dba PAC AUTO SALES; RICK PERALES, CELESTINO PERALES SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CENTRAL DIVISION 10 PANTHERA FINANCIAL _INC.,, a CASE #17CECG02756 California Corporation, 11 DEFENDANTS’/CROSS- Plaintiff, COMPLAINANTS’ REQUEST FOR 12 Vv, JUDICIAL NOTICE IN OPPOSITION TO DEMURRER 13 SUNRISE INVESTMENT ENTERPRISES, INC., dba PAC AUTO 14 SALES; RICK PERALES, CELESTINO PERALES; and Does 1-20, 15 Defendants. 16 SUNRISE INVESTMENT 17 ENTERPRISES, INC., dba PAC AUTO SALES; RICK PERALES, CELESTINO 18 PERALES, Hearing: Cross-Complainants, Date: 2/28/18 19 Vv, Time: 3:30 p.m. Dept: 402 20 PANTHERA FINANCIAL INC., ALEX JARAMISHIAN, ADESA FRESNO 21 AUTO AUCTION, and Does 1-10, 22 Cross-Defendants. ] Complaint filed: 8/14/2017 J Cross-Complaint filed: 10/11/2017 23 24 Defendants/Cross-Complainants, Sunrise Investment Enterprises, Inc., hereby request 25 this court to take judicial notice of the following documents pursuant to Evidence Code§452(d): 26 1 Plaintiff, Panthera Financial Inc.’s Complaint, a copy of which is attached hereto 27 as Exhibit “A”. 28 2. Defendants/Cross-Complainants’ Cross-Complaint, a copy of which is attached DEFENDANTS'/CROSS-COMPLAINANTS’ REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER: 1 hereto as Exhibit “B”. 2 || Dated: February - 2018 QUINLAN, KERSHAW & FANUCCHI, LLP. wr FIO Por A= 3 4 Defendants/Cross-Complainants. 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS’/CROSS-COMPLAINANTS REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER 2 EXHIBIT “A” Request for Judicial Notice Case # 17CECG02756 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY Thornton Davidson, Esq. #16648' THORNTON DAVIDSON, P.C. 3451 W, Shaw Avenue, Suite 105 Fresno, California 93711-3242 E-FILED TELEPHONE NO: 559-476-5064 FAX NO, (Optionay: 559-421-0368 08/10/2017 E-MAIL ADDRESS (Optiona): thornton@thorntondavidsonlaw.com ATTORNEY FOR (Nama): Panthera Financial Inc, FRESN( IO COUNTY SUPERIOR COURT By: M. Sanchez, Deput SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADORESS: 1130 "O" Street MAILING ADDRESS: cry aND zp cone: Fresno 93721 BRANCH NAME: _B.F. Sisk Courthouse PLAINTIFF: PANTHERA FINANCIAL INC., a California Corporation DEFENDANT: SUNRISE INVESTMENT ENTERPRISES, Inc., dba PAC AUTO SALES; RICK PERALES; CELESTINO PERALES; and Does 1-20 [7] does 1 70 20 CONTRACT (1 comPLAINT [<2] AMENDED COMPLAINT (Number): C leross-compcaint [_] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): [] ACTIONS A LIMITED CIVIL CASE case numeer: 4 7CECG02756 Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 (27) ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint [J from timited to untimited CD from untimited to timited Plaintiff (name or names): Panthera Financial Inc. alleges causes of action against defendant* (name or names): Sunrise Investment Enterprises, Inc., dba Pac Auto Sales; Rick Perales; Celestino Perales This pleading, incliding attachments and exhibits, corisists of the following number of pages: 4 a, Each plaintiff named above is a competent adult ([Z) except piaintitf (name): a) ‘a corporation qualified to do business in California (2) (“Jan unincorporated entity (describe): (3) [“Jother (specify): b, [C7] Plaintiff (name): a. [[Jhas complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. [7 Jhas complied with all licensing requirements as a licensed (specify): c. (] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person except defendant (name): Sunrise Investment [except defendant (name): (1) [__]a business organization, form unknown (1) (a business organization, form unknown (2) [Ja corporation (2) [__la corporation (3) [Jan unincorporated entity (describe): (3) [] an unincorporated entity (describe): (4) [J a public entity (describe): (4) [1] a public entity (describe): (8) [[_Jother (specify): (5) [_Jother (specify): 7H this form Is used8 a. fintift meens cross-compiainant and defendant maans ceoss-defendant. Page 1of2 Form Approved tor Optional Use Judicial Couniell of Caitfaria COMPLAINT—Contract Code of Civit Procedure, § 425.12 PLD-C-004 [Rev. January 1, 2007] PLD-C-001 SHORT TITLE: CASE NUMBER: PANTHERA FINANCIAL v, SUNRISE INVESTMENT et al. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) (27 Doe defendants (specify Doe numbers): 1-10 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [4] Doe defendants (specify Doe numbers): 11~ are persons whose capacities are unknown to plaintiff, c. ([] Information about additional defendants who are not natural persons is contained in Attachment 4. d. [] Defendants who are joined under Code of Civil Procedure section 382 are (names) 6. ([] Plaintiff is required to comply with a claims statute, and a. [7] has complied with appticable claims statutes, or b. [7] Is excused from complying because (specify): 6. [_] This action is subject to [J civil Code section 1812.10 [1 civil Code section 2984.4. 7. This court is the proper court because a defendant entered into the contract here. b. [_] a defendant lived here when the contract was entered into. c. [7] a defendant lives here now. d. Cv] the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place of business is here. t [11 real property that is the subject of this action is located here. g. ([) other (specify): The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): [21 Breach of Contract Common Counts [71 Other (specify). 9. (_] Other allegations: 10, Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for 3 OZ damages of $ 355,000.00 interest on the damages. (1) C2) according to proof (2) [7] at the rate of (specify). 18 percent per year from (date): 1/20/16 attorney's fees (1) of $ (2) (¥] according to proof. d. [7] other (specify): 14. EZ] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers). All enumerated paragraphs. Date: August 2, 2017 Thornton Davidson, Esq (TYPE OR PRINT NAME) Le oP {SIGNATURE(OF PLA IFF OR ATTORNEY) (ff you wish to verify this pleading, affix a verification.) PLD-C-004 [Rev, January#, 2007} COMPLAINT—Contract Page 20f2 PLD-C-001(1) SHORT TITLE: ‘CASE NUMBER: PANTHERA FINANCIAL vy, SUNRISE INVESTMENT et al. FIRST CAUSE OF ACTION—Breach of Contract (number) ATTACHMENT TO Complaint C1 Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1, Plaintiff (game): Panthera Financial Inc, alleges that on or about (date): January 20, 2016 a written [J orat [7 other (specify): agreement was made between (name parties to agreement): Plaintiff and Defendants A copy of the agreement is attached as Exhibit A, or {7] The essential terms of the agreement [7] are stated in Attachment BC-1 [2] are as follows (specify): Defendant Sunrise Investment executed a promissory for $250,000 on or about January 20, 2016, at 25% (modified to18%), in favor of Panthera Financial, for the purpose of purchasing used vehicles from the public auction. Defendant pledged to Panthera Financial the purchased vehicles’ titles as collateral, with an obligation to pay off each vehicle as it was sold. Defendants Rick and Celestino orally borrowed $103,620 for the same purpose at the same rate. BC-2. On or about (dates); February-March, 2016 defendant breached the agreement by (1 the acts specified in Attachment BC-2 [71 the following acts (specify): Defendants, and each of them, breached their agreements with Panthera Financial by: 1) failing to provide the titles as promised; 2) failing to pay off that portion of the loans as the subject ehicles sold; and 3) failing to pay the loans when due. BC-3. Plaintiff has performed ail obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4, Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as stated in Attachment BC-4 as follows (specify): Loss of over $355,000.00, BC-5. [7] Plaintiff is entitied to attorney fees by an agreement or a statute C5 os according to proof. BCS. [4] Other: Plaintiff incorporates into this cause of action all prior paragraphs and allegations. Plaintiff also prays for such other and further relief as the Court may grant. Page 3 Page tort Form Ay for ial Use CAUSE OF ACTION—Breach of Contract Coda af Civil rons $426.2 Judiciat Council of Caitfornia. PLD-C-001(1) [Rev. January 1, 2007} PLD-C-001(2) SHORT TITLE: CASE NUMBER: PANTHERA FINANCIAL v. SUNRISE INVESTMENT et al. SECOND CAUSE OF ACTION—Common Counts ‘(humbor) ATTACHMENT TO Complaint [] Cross - Complaint (Use @ separate cause of action form for each cause of action.) CC-1, Plaintiff (ame): Panthera Financial Inc. alleges that defendant (name): Sunrise Investment Enterprise, Inc, and Rick and Celestino Perales became indebted to plaintiff (J other (name): a. ([) within the tast four years (4) [2] onan open book account for money due. (2) [1] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b TY] within the last two years [_] four years (1) [71 for money had and received by defendant for the use and benefit of plaintiff. (2) [[] forwork, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [21 the sum of § (] the reasonabie value. @ CI for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ [2] the reasonable value. (4) for money lent by plaintiffto defendant at defendant's request. 6) CO for money paid, laid out, and expended to or for defendant at defendant's special instance and juest, (6) [7] other (specify): CC-2, $ 355,000.00 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest {[) according to proof [7] at the rate of 18 percent per year from (date): cc-3. [4] Piaintiffis entitled to attorney fees by an agreement or a statute [71 of$ according to proof. ccs, Other: ' Plaintiff also prays for such other and further relief as the Court may grant. Page 4 Form Approved for Optional Use Page tot Cora of Gill Procedure, § 426.12 dudiclel Council of Homi CAUSE OF ACTION—Common Counts PLD-C-001(2) [Rev. January 1, 2008) EXHIBIT “B” Request for Judicial Notice Case # 17CECG02756 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY PLD-C-001 lame, State Bar number, and address): FOR COURT USE ONLY Edward L, Fanucchi, . #040786 r> QUINLAN, KERSHA & FANUCCHL LLP 2125 Merced Street E-FILED Fresno, CA 93721 10/9/2017 8:00 AM TeepHonENo: (559) 268-8771 FRKNO. (Optionay: (559) 268-5701 E-MAIL ADDRESS (Optional: FRESNO COUNTY SUPERIOR COURT ATTORNEY FOR Wane. Cross-Complainants- Sunrise Investment Enterprise, Inc.-et. al. By: E. Medina, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO street aopress; 1130 "O" STREET ‘MAILING ADDRESS; emvanoze coon FRESNO, CALIFORNIA 93721 oravcn nae: B.F, SISK COURTHOUSE. pLaintiFr: Sunrise Investment Enterprises, Inc., dba PAC Auto Sales, Rick Perales, and Celestino Perales DEFENDANT: Panthera Financial, Inc., Alex Jaramishian, Adesa Fresno Auto Auction BE] DOES 1 TO 10, Inclusive CONTRACT (J comp.ainr [—] AMENDED COMPLAINT (Number): Lx"] cross-compPLaint [__] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check ail that apply): CASE NUMBER: (J ACTION Is A LIMITED CIVIL CASE 17CECG02756 Amount demanded [__] does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 [X_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [_] ACTION IS REGLASSIFIED by this amended complaint ot cross-complaint from limited to untimited [7] from unlimited to limited Plaintiff (name or names): Sunrise Investment Enterprises, Inc,, dba PAC Auto Sales, Rick Perales, and Celestino Perales alleges causes of action against defendant" (name or names): Panthera Financial, Inc,, Alex Jaramishian, Adesa Fresno Auto Auction and Does 1-10, Inclusive This pleading, including attachments and exhibits, consists of the following number of pages: 7 3. a, Each plaintiff named above is a competent adult except plaintiff (name): Sunrise Investment Enterprise, Inc, (1) [J a corporation qualified to do business in Califomia (2) Jan unincorporated entity (describe): (3) [_] other (specify): b. [x] Plaintiff (name): Sunrise Investment Enterprise, Inc,, dba a has complied with the fictitious business name laws and is doing business under the fictitious name (specify): PAC Auto Sales b. [/—] has complied with ail licensing requirements as a licensed (specify): c. [_] Information about additional plaintifis who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above Is a natural person except defendant (name); Panthera Financial, X_] except defendant (name): Adesa Fresno Auto Auction Ic, (1) [__]a business organization, form unknown (1) @ business organization, form unknown (2) Gx Ja corporation (2) [-_] @ corporation (3) [] an unincorporated entity (describe): (3) (7 an unincorporated entity (describe): (4) (Ja public entity (describe): (4) [1 a public entity (describe): 6) (other (specity): (5) CJ other (specify): + ifthls forry Is used 9s a crose-complain!, plalntf means cross-complainant end defendant meens cross-defendar et of 2 Form Approved for Optional Use Code of Chit Procedure, § 425.12 sudiclal Gounod! of California COMPLAINT—Contract is PLD-C-001 (Rov. Jemuary 1, 2097] PLD-C-00 SHORT TITLE: CASE NUMBER: 17CECG02756 "4. (Continued) b. The true names ofdefendants sued as Does ate unknown to plaintiff. (1) [¢.] Dos defendants (specify Dos numbers): 1-5 —— were the agents or employees of the named defendants and acted within the scope of that agency or employment. 2) Doe defendants (specify Doe numbers): 6- are persons whose capacities are unknown to plaintiff, c. [__] Information about additional defendants who are not natural persons is contained in Attachment 4c, d, [_} Defendants who are Joined under Code of Civil Procedure section 382 are (names): 5,[_] Plaintiff is required to comply with a claims statute, and a. [_] has complied with applicable claims statutes, or b, [] is excused from complying because (specify): 6.[“] This action is subject to [—] Civil Code section 1812.10 [__] Givit Code section 2984.4. 7. This court is the proper court because a, a defendant entered into the contract here. b. (£2) a defendant lived here when the contract was entered into. G a defendant lives here now. 4. [__] the contract was to be performed here. e a defendant is a corporation or unincorporated association and Its principal place of business is here. f. [] real property that Is the subject of this action Is located here. g. [_] other (specify): The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): {_] Breach of Contract [_] Common Counts [ac] Other (specify): Conversion; Intentional Tort; Indemnity and Apportionment of Fault 9. (] Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such reilef as fs fair, just, and equitable; and for a. damages of: $ In Excess of $250 ,000.00 b. [J interest on the damages (1) Ge] according to proof _ (2) [] at the rate of (specify): percent per year from (date): c. [_}attomey’s fees (1) C_] of s (2) [] according to proof. d. [7] other (specify): Total and complete indemnity for any judgments rendered against us; apportionment of fault. 11. 2] The paragraphs of this pleading alleged on information and bellef.are as follows (specify paragraph numbers): Cl, 2, 3, 4, 5, 6} IT-1,2,3,4,5,6,7,8,9,1035-1,2,3;AOF-1,2, Date: October 6, 2017 Edward L. Fanuechi, Esq. (TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY) (if you wish to verify this pleading, affix a verification.) PLD-0-001 [Rev January 1, 2007) COMPLAINT—Contract Page 20f2 Mc-025 SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC CASE NUMBER: [~ AUTO SALES et al. 17CECG02756 ATTACHMENT (Number): C-1 (This Attachment may be used with any Judicial Counell form.) FIRST CAUSE OF ACTION- CONVERSION AS TO ALL CROSS-DEFENDANTS: C-1. Cross-Complainants hereby incorporate all prior allegations of the cross-complaint as though fully set forth herein. C-2. Atall times relevant to this Cross-Complaint, Cross-Complainants had the right of possession related to vehicle titles (hereinafter "the subject titles") concerning certain vehicles which were owned or in the lawful possession ofcross- complainants, C-3. At all times relevant to this cross-complaint, Cross-Defendants and each of them wrongfully took possession of the subject titles, without the consent or knowledge of Cross-Complainants and did so with the intent to deprive Cross- Complainants of their rightful possession of the subject titles. C-4, Cross-Complainants were ignorant of this wrongful possession until in or about August of 2016. C-5. Thereafter, Cross-Complainants demanded the return of the subject titles from Cross-Defendants, As of the date of this Cross-Complaint, Cross-Defendants and each of them have refused to return the subject tities to Cross- Complainants. : C-6. As a legal result of thewrongful conduct of Cross-Defendants as sustained economic damages in an amount according to proof, but in excess of $150,000.00 (if the item that this Attachment concams is made under ‘ponalty of perjury, all statements in this Page 3 of 7__ Attachment are made under penalty of perjury.) (Add pages as required) Form. raved for Optional Use ATTACHMENT judic al Council of Californie MC-025 {Rev. July1, 2008] to Judicial Council Form PLD-PI-001(3) SHORTTITLE: Sunrise Investment Enter prise, Inc, dba PAC Auto Sales v, Panthera CASE NUMBER Financial, Inc. 17CECG02756 SECOND SC CAUSE OF ACTION —Intentional Tort Page 4 {number) ATTACHMENT TO [_] Complaint [x_Icross-Complaint {Use a separate cause of action form for each cause of action.) 'T-4. Piaintiff (name). Sunrise Investment Enterprise, Inc., dba PAC Auto Sales, Rick Perales, and Celestino Perales es that gefendant (name): Bug jon, an Panthera Financial, Inc., Alex Jaramishian, Adesa Fresno Auto [x] Does 1 to 10. was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff on (date): In or about November of 2015 and continuing thereafter at (place): Fresno, California, {description of reasons for lability): IT-2, Cross-Complainants hereby incorporate all prior allegations of the cross-complaint as though fully set forth herein. TT-3, At all times relevant to this Cross-Complaint, Cross-Complainants had the right of possession related to vehicle titles (hereinafter "the subject titles") concerning certain vehicles which were owned or in the lawful possession of cross-complainants, IT-4. At all times relevant to this cross-complaint, Cross-Defendants and each of them wrongfully took possession of the subject titles, without the consent or knowledge of Cross- Complainants and did so with the intent to deprive Cross-Complainants of their rightful possession of the subject titles. IT-5. Cross-Complainants were ignorant of this wrongful possession until in or about August of 2016. IT-6, Thereafter, Cross-Complainants demanded the return of the subject titles from Cross- Defendants, As of the date of this Cross-Complaint, Cross-Defendants and each of them have refused to return the subject titles to Cross-Complainants. IT-7, Further, Cross-Defendants repeatedly refused to provide any written contract to Cross- Complainants which reflected an agreement between the parties or confirmation of discussions between the patties related to funding, sales, interest rates, timing and the respective responsibilities and liabilities of the parties, The failure to produce a written contract caused tod in delay in the timely service, repair, and sale of vehicles Cross-Comy lainants to question the reliability of the representations made by Cross-Defendants and result in Cross-Complainants possession, IT-8. Further, Cross-Defendant, Alex Jaramishian failed to adequately and timey communicate with Cross-Complainants and such failures further interferred with Cross- Complainants ability to timely service, repair and sell vehicles all of which resulted in economic loss to Cross-Complainants. SEE PAGE 2 (ATTATCHED) Page 1of4 Ferm Approved for Optlonal Use. dudiclel Council of Caittornts CAUSE OF ACTION—Intentional Tort cht gp Memon meas, gaz52 PLD-PI-004(2) [Rev. January 1, 2007] MC-025 SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC CASE NUMBER: [- AUTO SALES y, PANTHERA FINANCIAL, INC. 17CECG02756 ATTACHMENT (Number):IT-} (This Attachment may be used with any Judicial Council form.) SECOND CAUSE OF ACTION -INTENTIONAL TORT (CONTINUED) TE-9 Asa result of Cross-Complainants conduct as describe above Cross-Complainants intentionally interferred with Cross-Complainants prospectice economic advantage in that Cross-Defendants' conduct prevented and/or delayed the timely repair, service and sale of vehicles in Cross-Complainants possession, thereby Cross-Defendants Prospective Economic Advantage. IT-10 As a legal result of the above described conduct, Cross-Complainants have suffered economic loss in an amount acording to proof, in excess of $250,000.00. (if the itam that this Attachment concems is made under penalty of perjury, all statements in this Page 5 of 7 Attachment are made under penaity of perjury.) (Add pages as required) f9rOptional Uso ATTACHMENT sudo sauncil of California MC-025 {Rav. duty 1, 21 to Judicial Council Form So ‘Ss NiC-025 SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC ‘CASE NUMBER: t- AUTO SALES, et al. v. Panthera Financial Inc. 17CHCG02756 ATTACHMENT (Number): ¥-1 (This Attachment may be used with any Judicial Council form.) THIRD CAUSE OF ACTION-INDEMNIFICATION AS TO ALL CROSS-DEFENDANTS: IN-1, Cross-Defendants were the agents, employees, co-ventures, parnters, or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment. IN-2, The prinicpal action alleges among other things conduct entitling Plaintiff to compensatory damages against us. We contend that we are not liable for events and occurrences described in Plaintiff's complaint, IN-3. If we are found in some manner responsible to Plaintiff or to anyone else as a result of the incidents and occurrences described in Plaintiffs complaint, my tiability would be solely upon a derivative form liability not resulting from our conduct, but only from an obligation imposed upon me by law; we would be entitled to complete indemnity from Cross-Defendants, : {if the item that this Attachment concems is made under penalty of perjury, all statements in this Page 6 of 7 Attachment are made under penalty of perjury.) "magenta (Add pages as required) ATTACHMENT MC-026 (Rev. July 1, 2008] to Judicial Council Form MC-025 SHORT TITLE: SUNRISE INVESTMENT ENTERPRISE, INC., dba PAC CASE NUMBER: |- AUTO SALES, et. al. v. PANTHERA FINANCIAL, INC, 17CECG02756 ATTACHMENT (Number):AOF-1 (This Atlachment may be used with any Judicial Council form.) FOURTH CAUSE OF ACTION- APPORTIONMENT OF FAULT AS TO ALL CROSS-DEFENDANTS: AF-1, Each Cross-Defendant was responsible, in whole or in part, for the injuries, if any, suffered Plaintiff, AF-2, if 1am judged liable to Plaintiff, each Cross-Defendant should be required: (1) to pay a share of Plaintiff's judgment which is in proportion to the comparative negligence of that cross- defendant in causing Plaintiff's damages; and (2) fo reimburse us to any payments we make to Plaintiff in excess of my proportional share of all Cross- Defendants’ negligence, (If the item that this Alachment concerms is made under penalty of perjury, all statements In this Page 7 of 7 Attachment are made under penalty of perjury.) (Add pages as required) i16-025ravedCouncil for Optional Use of Cabifornia [Rev. July 1, 2009] ATTACHMENT to Judicial Council Form PROOF OF SERVICE I, the undersigned, declare: Jam a citizen of the United States of America, am over the age of cighteon (18) years, and not a party to the within action, 1am an employee of Quinlan, Kershaw & Fanucchi, Attorneys at Law, and my business address is 2125 “y Merced Street, Fresno, California, 93721, On October r 2017, I caused to be served the following document(s): CROSS- COMPLAINT(CON’ CT) on the parties involved addressed as follows: Thornton Davidson, Esq. Thorton Davidson, P.C. 3451 W. Shaw Avenue, Suite 105 Fresno, CA 93711-3242 Telephone: (559)476-5064 Facsimile: (559)421-0368 10 Counsel: Panthera Financial, Inc. 1 BY PERSONAL DELIVERY: J caused each such envelope to be delivered by hand to the offices of each addressee above. 12 BY U.S, MAIL: J caused each envelope, with postage thereon fully prepaid, to be placed in the 13 United States mail at Fresno, California. I am readily familiar with the business practice for collection and processing of mail in this office; and that in the ordinary course of business said 14 document would be deposited with the U.S, Postal Service in Fresno, California on that same day. 1 understand that service shall be presumed invalid upon motion of a party served if the postal 15 cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this declaration, 16 BY FACSIMILE: By use of a facsimile machine telephone muanber (559) 268-5701, I served a copy 17 of the within document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported as complete without error. The transmission report, which is attached to 18 this proof of service, was properly issued by the transmitting facsimile machine. 19 BY FEDERAL EXPRESS OVERNIGHT DELIVERY; J caused each envelope, with delivery fees 20 provided for, to be picked up on this date by a Courier employed by Federal Express or deposited in @ box regularly maintained by Federal Express. I gm readily familiar with this fiem’s practice for al collection and processing of documents for overnight delivery and know that in the ordinary course of this firm’s business practice the document(s) described above will either be deposited in a box or other facilityregularly maintained by Federal Express or delivered to an authorized courier or driver 22 authorized to receive documents on the same date that it is placed for collection, 23 I declare under pénalty of pexjury under the laws of the State of California that the foregoing is true and correct, 24 Executed at Fresno, California on October UY 2017, 25 26 27 lo Oakes, Legal Assistant 28 ‘Panthern Financia, Ine, Sumvite Invenio nlerpis Ine, PROOF OF SERVICE I, the undersigned, declare: Tam a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. [ am an employee of Quinian, Kershaw & Fanucchi, Attorneys at Law, and my business address is 2125 Merced Street, Fresno, California, 93721, On February id , 2018, I caused to be served the following document(s): DEFENDANTS’/CROSS- COMPLAINANTS’ REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER on the parties involved addressed as follows: Thornton Davidson, Esq. Carla J. Hartley, Esq. Thornton Davidson, P.C. Anna Nagornaia, Esq. 3451 W. Shaw Avenue, Suite 105 Dillingham & Murphy, LLP Fresno, CA 93711-3242 601 Montgomery Street, Suite 1900 Telephone: (559)476-5064 San Francisco, CA 94111 Facsimile: (559)421-0368 Telephone: (415)397-2700 10 Electronic Mail: thornton@thorntondavidsonlaw.com Facsimile: (415)397-3300 Counsel: Panthera Financial, Inc. Electronic Mail: cjhd@dillinghammurphey.com; ll an@dillinghammurphey.com Counsel: Adesa California, LLC. 12 BY PERSONAL DELIVERY: / caused each such envelope to be delivered by hand to the offices of 13 each addressee above, 14 BY U.S. MAIL: I caused each envelope, with postage thereon fully prepaid, to be placed in the United States mail at Fresno, California. I am readily familiar with the business practice for collection 15 and processing of mail in this office; and that in the ordinary course of business said document would be deposited with the U.S. Postal Service in Fresno, California on that same day. | understand that 16 service shall be presumed invalid upon motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing 17 contained in this declaration. 18 BY FACSIMILE: By use of a facsimile machine telephone number (559) 268-5701, 1 served a copy of the within document(s) on the above interested parties at the facsimile numbers listed above, The 19 transmission was reported as complete without error. The transmission report, which is attached to this proof of service, was properly issued by the transmitting facsimile machine. 20 BY ELECTRONIC MAIL: I caused such documents to be scanned and sent via electronic mail to 21 the electronic mail addressee(s) at the addresses designated. 22 XXXXXX BY OVERNIGHT DELIVERY: / caused each envelope, with delivery fees provided for, to be picked up on this date by a Courier employed by an overnight delivery service or deposited in a box regularly maintained by the overnight delivery service. I am readily familiar with this firm's practice 23 Jor collection and processing of documents for overnight delivery and know that in the ordinary course of this firm's business practice the document(s) described above will either be deposited in a 24 box or other facility regularly maintained by the overnight delivery service or delivered to an authorized courier or driver authorized to receive documents on the same date that it is placed for 25 collection. 26 I declare under penalty of perjury under the laws of the State of California that the foregoing is true ou and correct. Executed at Fresno, California on February 2018. 27 OWeK 28 Shylo 0: DEFENDANTS’/CROSS-COMPLAINANTS? REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO DEMURRER: 3