Preview
Electronically Filed
1 GABA LAW 2/13/2024 8:00 AM
Rodolfo Gaba, Jr. (State Bar No. 230475) Superior Court of California
2 25 Mauchly • Suite 300 County of Stanislaus
Clerk of the Court
3 Irvine, California 92618 By: Raquel Enriquez, Deputy
888-391-1228 Phone $225 PAID
4 949-207-7108 Facsimile
updates@gaba.law
5 193628
6
ATTORNEY FOR PLAINTIFF,
7 EVERGREEN MANAGEMENT SERVICES INC. FKA EVERGREEN MANAGEMENT
SERVICES, LLC
8
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF STANISLAUS, MODESTO COURTHOUSE
12
13 EVERGREEN MANAGEMENT SERVICES ) Case No.:CV-24-001117
INC. FKA EVERGREEN MANAGEMENT )
14 SERVICES, LLC, ) COMPLAINT FOR:
Plaintiff, )
15 ) 1. OPEN BOOK ACCOUNT
vs. ) 2. ACCOUNT STATED
16 ) 3. REASONABLE VALUE
KP PATTERSON MANAGEMENT, LLC., A )
17 LIMITED LIABILITY COMPANY; and DOES ) DEMAND: $5187.22
1 to 100, inclusive, )
18 ) LIMITED CIVIL
Defendants. ) Sandhu, Sonny S.
19 Dept. 24
20 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
21 Plaintiff, EVERGREEN MANAGEMENT SERVICES INC. FKA EVERGREEN
22 MANAGEMENT SERVICES, LLC (hereinafter referred to as “Plaintiff”) alleges the
23 following causes of action against KP PATTERSON MANAGEMENT, LLC., A LIMITED
24 LIABILITY COMPANY; and DOES 1 to 100, INCLUSIVE (hereinafter collectively referred
25 to as “Defendants,”) as follows:
26 1. Plaintiff is, and at all times relevant was, a corporation, organized and
27 existing under and by virtue of the laws of the State of its incorporation.
28
- 1 -
COMPLAINT
1 2. Plaintiff alleges on information and belief that the Defendants, or some of
2 them, maintain their residence within the above-referenced County and Judicial District.
3 3. The true names and capacities, whether individual, corporate, associate, or
4 otherwise, of Defendants DOES 1 to 100, inclusive, are unknown to Plaintiff, who therefore
5 sues said Defendants by such fictitious names. Plaintiff alleges on information and belief
6 that each of the Defendants designated herein as a fictitiously named Defendant is, in
7 some manner, responsible for the events and happenings referred to, either contractually
8 or tortuously, and/or that such fictitiously named Defendants claim that some right, title or
9 interest to the property described herein below and/or that such fictitiously named
10 Defendants are in some manner liable for the obligation described herein below. When
11 Plaintiff ascertains the true names and capacities of DOES 1 to 100, Plaintiff will amend
12 this Complaint accordingly.
13 4. Plaintiff alleges on information and belief that at all times herein mentioned,
14 all Defendants named herein each acted in concert and conspired with or aided and
15 abetted each other to do the acts complained of in this Complaint, and that each
16 Defendant acted as an agent for the other at all times.
17 5. Plaintiff alleges on information and belief that the obligation sued upon is not
18 subject to the provisions of California Civil Code sections 2984.4 and 1812.10.
19 FIRST CAUSE OF ACTION – OPEN BOOK ACCOUNT
20 (As To All Defendants)
21 6. Plaintiff repeats and realleges paragraphs 1 to 5, above, and incorporates
22 them herein by reference.
23 7. Within four (4) years past, prior to the commencement of this action,
24 Defendant became indebted to Plaintiff on an open book account for a principal balance
25 due in the sum of $5187.22.
26 8. Demand has been made on Defendants for said sum of $5187.22, but they
27 have failed and refused and continue to fail and refuse to pay said sum, and the whole
28 thereof is now due, owing and payable together with interest at the legal rate.
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COMPLAINT
1 SECOND CAUSE OF ACTION – ACCOUNT STATED
2 (As To All Defendants)
3 9. Plaintiff repeats and realleges paragraphs 1 to 8, above, and incorporates
4 them herein by reference.
5 10. Within four (4) years past, prior to the commencement of this action, there
6 was an account stated by and between Plaintiff and Defendants, on which stated account
7 the principal sum of $5187.22 was agreed upon as the principal balance due to said
8 Plaintiff from Defendants, which sum Defendants promised and agreed to pay.
9 11. Demand has been made on Defendants for said sum of $5187.22, but they
10 have failed and refused and continue to fail and refuse to pay said sum, and the whole
11 thereof is now due, owing and payable together with interest at the legal rate.
12 THIRD CAUSE OF ACTION – REASONABLE VALUE
13 (As To All Defendants)
14 12. Plaintiff repeats and realleges paragraphs 1 to 11, above, and incorporates
15 them herein by reference.
16 13. Within two (2) years past, prior to the commencement of this action,
17 Defendants became indebted to Plaintiff for a balance due in the principal sum of
18 $5187.22, for goods, wares and merchandise, sold, furnished and delivered, and/or for
19 services rendered to Defendants at their special instance and request, and in the
20 reasonable and agreed value of $5187.22, which sum Defendants agreed to pay.
21 14. Demand has been made on Defendants for said sum of $5187.22, but they
22 have failed and refused and continue to fail and refuse to pay said sum, and the whole
23 thereof is now due, owing and payable together with interest at the legal rate.
24 ////
25 ////
26 ////
27 ////
28 ////
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COMPLAINT
1 WHEREFORE, Plaintiff prays for Judgment against the Defendants, and each of
2 them, as follows:
3 1. For the principal sum of $5187.22, together with interest thereof at the legal
4 rate of 10.0000 from 10/29/2022;
5 2. For attorney’s fees incurred herein pursuant to California Civil Code section
6 1717.5;
7 3. For all costs incurred herein; and
8 4. For such further and other relief as the Court may deem just and proper.
9
10 Dated: February 12, 2024 GABA LAW
11
12 ______________________
13 RODOLFO GABA, JR.
ATTORNEY FOR PLAINTIFF,
14 EVERGREEN MANAGEMENT
SERVICES INC. FKA EVERGREEN
15 MANAGEMENT SERVICES, LLC
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COMPLAINT
Preview
Electronically Filed 1 GABA LAW 2/13/2024 8:00 AM Rodolfo Gaba, Jr. (State Bar No. 230475) Superior Court of California 2 25 Mauchly • Suite 300 County of Stanislaus Clerk of the Court 3 Irvine, California 92618 By: Raquel Enriquez, Deputy 888-391-1228 Phone $225 PAID 4 949-207-7108 Facsimile updates@gaba.law 5 193628 6 ATTORNEY FOR PLAINTIFF, 7 EVERGREEN MANAGEMENT SERVICES INC. FKA EVERGREEN MANAGEMENT SERVICES, LLC 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF STANISLAUS, MODESTO COURTHOUSE 12 13 EVERGREEN MANAGEMENT SERVICES ) Case No.:CV-24-001117 INC. FKA EVERGREEN MANAGEMENT ) 14 SERVICES, LLC, ) COMPLAINT FOR: Plaintiff, ) 15 ) 1. OPEN BOOK ACCOUNT vs. ) 2. ACCOUNT STATED 16 ) 3. REASONABLE VALUE KP PATTERSON MANAGEMENT, LLC., A ) 17 LIMITED LIABILITY COMPANY; and DOES ) DEMAND: $5187.22 1 to 100, inclusive, ) 18 ) LIMITED CIVIL Defendants. ) Sandhu, Sonny S. 19 Dept. 24 20 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 21 Plaintiff, EVERGREEN MANAGEMENT SERVICES INC. FKA EVERGREEN 22 MANAGEMENT SERVICES, LLC (hereinafter referred to as “Plaintiff”) alleges the 23 following causes of action against KP PATTERSON MANAGEMENT, LLC., A LIMITED 24 LIABILITY COMPANY; and DOES 1 to 100, INCLUSIVE (hereinafter collectively referred 25 to as “Defendants,”) as follows: 26 1. Plaintiff is, and at all times relevant was, a corporation, organized and 27 existing under and by virtue of the laws of the State of its incorporation. 28 - 1 - COMPLAINT 1 2. Plaintiff alleges on information and belief that the Defendants, or some of 2 them, maintain their residence within the above-referenced County and Judicial District. 3 3. The true names and capacities, whether individual, corporate, associate, or 4 otherwise, of Defendants DOES 1 to 100, inclusive, are unknown to Plaintiff, who therefore 5 sues said Defendants by such fictitious names. Plaintiff alleges on information and belief 6 that each of the Defendants designated herein as a fictitiously named Defendant is, in 7 some manner, responsible for the events and happenings referred to, either contractually 8 or tortuously, and/or that such fictitiously named Defendants claim that some right, title or 9 interest to the property described herein below and/or that such fictitiously named 10 Defendants are in some manner liable for the obligation described herein below. When 11 Plaintiff ascertains the true names and capacities of DOES 1 to 100, Plaintiff will amend 12 this Complaint accordingly. 13 4. Plaintiff alleges on information and belief that at all times herein mentioned, 14 all Defendants named herein each acted in concert and conspired with or aided and 15 abetted each other to do the acts complained of in this Complaint, and that each 16 Defendant acted as an agent for the other at all times. 17 5. Plaintiff alleges on information and belief that the obligation sued upon is not 18 subject to the provisions of California Civil Code sections 2984.4 and 1812.10. 19 FIRST CAUSE OF ACTION – OPEN BOOK ACCOUNT 20 (As To All Defendants) 21 6. Plaintiff repeats and realleges paragraphs 1 to 5, above, and incorporates 22 them herein by reference. 23 7. Within four (4) years past, prior to the commencement of this action, 24 Defendant became indebted to Plaintiff on an open book account for a principal balance 25 due in the sum of $5187.22. 26 8. Demand has been made on Defendants for said sum of $5187.22, but they 27 have failed and refused and continue to fail and refuse to pay said sum, and the whole 28 thereof is now due, owing and payable together with interest at the legal rate. - 2 - COMPLAINT 1 SECOND CAUSE OF ACTION – ACCOUNT STATED 2 (As To All Defendants) 3 9. Plaintiff repeats and realleges paragraphs 1 to 8, above, and incorporates 4 them herein by reference. 5 10. Within four (4) years past, prior to the commencement of this action, there 6 was an account stated by and between Plaintiff and Defendants, on which stated account 7 the principal sum of $5187.22 was agreed upon as the principal balance due to said 8 Plaintiff from Defendants, which sum Defendants promised and agreed to pay. 9 11. Demand has been made on Defendants for said sum of $5187.22, but they 10 have failed and refused and continue to fail and refuse to pay said sum, and the whole 11 thereof is now due, owing and payable together with interest at the legal rate. 12 THIRD CAUSE OF ACTION – REASONABLE VALUE 13 (As To All Defendants) 14 12. Plaintiff repeats and realleges paragraphs 1 to 11, above, and incorporates 15 them herein by reference. 16 13. Within two (2) years past, prior to the commencement of this action, 17 Defendants became indebted to Plaintiff for a balance due in the principal sum of 18 $5187.22, for goods, wares and merchandise, sold, furnished and delivered, and/or for 19 services rendered to Defendants at their special instance and request, and in the 20 reasonable and agreed value of $5187.22, which sum Defendants agreed to pay. 21 14. Demand has been made on Defendants for said sum of $5187.22, but they 22 have failed and refused and continue to fail and refuse to pay said sum, and the whole 23 thereof is now due, owing and payable together with interest at the legal rate. 24 //// 25 //// 26 //// 27 //// 28 //// - 3 - COMPLAINT 1 WHEREFORE, Plaintiff prays for Judgment against the Defendants, and each of 2 them, as follows: 3 1. For the principal sum of $5187.22, together with interest thereof at the legal 4 rate of 10.0000 from 10/29/2022; 5 2. For attorney’s fees incurred herein pursuant to California Civil Code section 6 1717.5; 7 3. For all costs incurred herein; and 8 4. For such further and other relief as the Court may deem just and proper. 9 10 Dated: February 12, 2024 GABA LAW 11 12 ______________________ 13 RODOLFO GABA, JR. ATTORNEY FOR PLAINTIFF, 14 EVERGREEN MANAGEMENT SERVICES INC. FKA EVERGREEN 15 MANAGEMENT SERVICES, LLC 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - COMPLAINT