Preview
MARK WAECKER (SBN 81375) Electronically FILED by
Superior Court of California,
LAW OFFICES OF MARK WAECKER County of Los An ge les
A Professional Corporation 4/15/2024 4:53 PI
David W. Slayton,
633 West 5" Street, 28" Floor Executive Officer/Clerk of Court,
Los Angeles, California 90071 By R. Perez, Deputy Clerk
Telephone: (213) 955-4500
Facsimile: (213) 955-4560
E-mail: Mark@waeckerlaw.com
Attorney for Plaintiff,
GINA HAM
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF LOS ANGELES
11
) Case No.: 24ST cyvos4r?r
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GINA HAM, an individual, COMPLAINT FOR DAMAGES:
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Plaintiff, 1 ASSAULT
14 2 BATTERY
vs. 3 INTENTIONAL INFLICTION OF
1S EMOTIONAL DISTRESS
MAI DINH, an individual; GLAM HOUSE) 4. NEGLIGENT INFLICTION OF
16 LOS ANGELES, A business organization EMOTIONAL DISTRESS
and DOES | through 10, inclusive, CONVERSION
17 THEFT OF PROPERTY
PURSUANT TO PENAL CODE
Defendants.
18 SECTION 496
BREACH OF ORAL
19 PARTNERSHIP
8 BREACH OF FIDUCIARY DUTY
20 9 JUDICIAL DISSOLUTION OF
PARTNERSHIP
21 10. DECLATORY RELIEF
11. CONTRUCTIVE TRUST
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JURY TRIAL DEMANDED
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COMES NOW Plaintiff GINA HAM an individual (hereinafter “Plaintiff” or “GINA”), who
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alleges and complains against Defendants, and each of them, as follows:
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PRELIMINARY ALLEGATIONS
a,
1 Venue is proper in this judicial district pursuant to California Code of Civil Procedure
Pc §395(a). Defendants reside and do business in the County of Los Angeles and the injuries hereby
i
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COMPLAINT FOR DAMAGES
alleged occurred in the County of Los Angeles. Therefore, this case is within the jurisdiction of this
Court.
PARTIES
2. Plaintiff GINA HAM is, and at all times relevant herein was, an individual residing in
the State of California, County of Los Angeles.
3 Plaintiffis informed and believes and based thereon alleges that Defendant MAI DINH
(herein after “Defendant” or “MAI”) is, and at all times relevant herein was, an individual residing in
the State of California, County of Los Angeles.
4 Defendant MAI is the owner of a business known as GLAMHOUSE LOS ANGELES
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(hereinafter “SALON”), a beauty salon located at 5041 W. Pico Blvd, Los Angeles, California. This
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is a business organization of a form currently unknown to Plaintiff who will amend this Complaint
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when the true status is ascertained.
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5 Plaintiff does not know the true names or capacities, whether individual, partner,
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corporate, or otherwise, of the Defendants sued herein as DOES 1 through 10, inclusive, and for that
15
reason, these Defendants are sued under fictitious names. Plaintiff will seek leave of Court to amend
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this Complaint when such true names and capacities are discovered. Each of these fictitious
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Defendants, whether individual, partner, corporate, or otherwise, are responsible in some manner for
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the circumstances and damages proximately caused to Plaintiff and to be subjected to the unlawful
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practices, wrongs, injuries, and harm alleged.
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FACTS COMMON TO ALL CAUSES OF ACTION
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6 On or about January 13, 2022, GINA and MAI entered into an oral partnership
22
agreement to create and operate a subscription skin care business together. GINA ordered about
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inventory and incurred shipping costs. The ordered items are described as sheet masks and GINA
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AND MAI were attempting to build a business model for customized skin care.
25
7
The primary business of the SALON was a nail salon. GINA imported $6,500 worth
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of Swarovski supplies from Korea and MAI used them in order to promote the SALON.
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8 GINA’s investment in the partnership increased the SALON’s businesses and GINA
and MAI decided to continue as partners in the subscription beauty business together.
9. GINA and MAI’s oral partnership agreement included terms that GINA would receive
40% of the profit and MAI would receive 60% of the profit. They would share costs equally.
10. GINA would work 5 days a week, from 11am to 8pm, with customer service for high
end clientele.
11: Over the course of 2 years, GINA was ordering supplies from Korea to customize the
client’s experience to promote the business as the celebrity status was increasing the SALON traffic.
12, On or about November 10, 2023, GINA, with MAI’s permission, renovated a room
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inside the SALON for manufacturing products, treating clients and in furtherance of their partnership.
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13. By December 17, 2023, the construction of GINA’s room inside the SALON was
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complete and GINA continued to work.
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14. On or about December 28, 2023 a significant amount of orders were received
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overnight and GINA immediately worked to fulfill the orders.
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15. Issues arouse when MAI was getting paid for the orders and refused to share the
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business’ profit with GINA pursuant to their agreement.
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16. GINA sourced the equipment, tools, ingredients, materials, disposable items,
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fragrances, and key ingredients. GINA continued to invest to purchase ingredients and equipment that
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was used between December 2023 and March 2024. The products are currently still being sold, while
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a demand has been made to MAI to return GINA’s property.
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7: GINA was never compensated for her labor and no profits were ever shared with her
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in breach of their agreement. MAI continues to withhold GINA’s property and refuses to return it to
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her.
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COMPLAINT FOR DAMAGES
FIRST CAUSE OF ACTION
(Assault)
Plaintiff Against All Defendants
18. Plaintiff incorporates by reference paragraphs 1 through 17 of this Complaint as
though set forth in full herein.
19: On or about February 28, 2024, GINA went to the SALON to recover her belongings.
MAI accused GINA of stealing from the SALON and assaulted and struck her.
20. Defendant MAI violently grabbed GINA by her hair and arm. MAI caused GINA to
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suffer severe bodily injury such as bruises and scars on her face and neck as well on her right arm and
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other areas of her body. Plaintiff was injured by MAI’s conduct.
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21. As a proximate result of the assault committed by MAI, GINA was injured in her
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strength and activity and has suffered injuries requiring medical treatment all subject to proofat trial.
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22. The conduct of MAI was willful, wanton, intentional, despicable, malicious and
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without just or reasonable cause and justifies an award of punitive and exemplary damages in an
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amount subject to proof at trial
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SECOND CAUSE OF ACTION
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(Battery)
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Plaintiff Against All Defendants
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23. Plaintiff incorporates by reference paragraphs 1 through 22 of this Complaint as
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though set forth in full herein.
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24. On or about February 28, 2024, GINA went to the SALON to recover her property.
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MAL accused GINA of stealing from the SALON and began to harm her.
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2a: MAI physically assaulted and battered GINA by grabbing her hair, scratching her on
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her body, pulling her to the ground, causing significant injuries to her mind and body.
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26. GINA was physically injured as a direct and proximate result of MAI’s conduct.
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2 The conduct Defendants and each of them by committing a battery on GINA entitiles
GINA to reimbursement for damages for medical expenses as well as for emotional, mental and
psychological distress and pain and suffering is an amount subject to proof at trial.
28. The conduct of MAI was willful, wanton, intentional, despicable, malicious and
without just or reasonable cause and justifies the award of punitive and exemplary damages in an
amount subject to proof at trial.
THIRD CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
Plaintiff Against All Defendants
10 29. Plaintiff incorporates by reference paragraphs 1 through 28 of this Complaint as
11 though set forth in full herein.
12 30. On or about February 28, 2024, GINA went to the SALON to recover her property,
13 MAI accused GINA of stealing and assaulted and battered her.
14 31. In performing the acts as alleged herein, MAI not only recklessly disregarded the
15 severity of the distress and injuries she was causing to GINA, but acted consciously and with intent
16 to cause Plaintiff to suffer severe emotional distress. MAI’s conduct was intrusive, outrageous and
17 had a severe and traumatic effect on GINA emotionally. MAI’s conduct constitutes Intentional
18 Infliction of Emotional Distress and Plaintiff is entitled to damages in an amount subject to proof at
19 trial.
20 52) The conduct of MAI was willful, wanton, intentional, despicable, malicious and
21 without just or reasonable cause and justifies the award of punitive and exemplary damages in an
22 amount subject to proof at trial.
23 FOURTH CAUSE OF ACTION
24 (Negligent Infliction of Emotional Distress)
25 Plaintiff Against All Defendants
26 33. Plaintiff incorporates by reference paragraphs | through 17 of this Complaint as
27 though set forth in full herein.
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COMPLAINT FOR DAMAGES
34, Defendants and each of them, owed a duty of care to GINA as well as others on the
premises of SALON. This duty included, but was not limited to, to act in a professional and peaceful
manner, not to do anything that could disturb the quiet enjoyment or peacefulness of GINA and others.
39) Defendants and each of them breached a duty of care by raising her voice, insulting
GINA negligently and carelessly causing GINA to suffer extreme emotional distress in addition to
causing her physical injuries requiring her to receive medical treatment.
36. As a direct and proximate result of GINA’s conduct Plaintiff incurred medical
expenses in an amount subject to proof at trial.
FIFTH CAUSE OF ACTION
10
(Conversion)
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Plaintiff Against All Defendants
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37. Plaintiff incorporates by reference paragraphs 1 through 17 of this Complaint as
13
though set forth in full herein.
14
38. When Plaintiff and Defendant decided to venture into the beauty business together,
15
GINA and MAI entered an oral partnership agreement where GINA would receive 40% of the
16
business’ profit and MAI would receive 60% of the profit. GINA was never compensated for her
17
work or received any share of the business’ profits. GINA was also never compensated for the
18
materials she purchased.
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39) On or about June 22, 2022, GINA provided MAI two boxes of Plaintiff's handmade
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skin care products. Defendant sold the products and never paid any profits to GINA.
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40. For over 2 years, Plaintiff ordered supplies from Korea to customize the SALON’S
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client experience, but GINA never was reimbursed for such expenses.
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41. On or about November 10, 2023, Plaintiff started to renovate a room inside the
24
SALON for herself with her own funds.
25
42. Plaintiff sourced the equipment, tools, ingredients, materials, disposable items,
26
fragrances, and key ingredients. Plaintiff purchased in ingredients and equipment that was used
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between December 2023 and March 2024. The products manufactured by GINA were and are
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COMPLAINT FOR DAMAGES
currently still being sold, but GINA has never received any share of the sales pursuant to their
partnership agreement.
43. Plaintiff has spent substantial amounts of money for inventory for which she was never
reimbursed. Plaintiff has also spent approximately $7,000 renovating the space in the SALON and
was only able to remove part of her property from the premises.
44. Plaintiff has the right to possession of her property and investments and MAI is
converting such property in a manner that is inconsistent with Plaintiff's rights according to their
partnership agreement. GINA has made a demand for her property and profits and MAI has refused
to account to GINA or return her property and profits.
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45. Such conduct of MAI has resulted in damages to GINA and constitute Conversion.
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Therefore, GINA is entitled to damages in an amount subject to proofat trial.
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46. The conduct of MAI was willful, wanton, intentional, despicable, malicious and
13
without just or reasonable cause and justifies the award of punitive and exemplary damages in an
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amount subject to proof at trial.
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47. GINA is also entitled to her attorney’s fees to recover her property converting MAI.
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SIXTH CAUSE OF ACTION
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(Theft of Property Pursuant to Penal Code Section 496 (c))
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Plaintiff Against All Defendants
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48. Plaintiff incorporates by reference paragraphs 37 through 47 of this Complaint as
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though set forth in full herein.
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49, MAI refused to allow GINA to remove her personal property from the SALON’S
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premises and expressly told her that she does not owe anything to GINA. MAI conspired to
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misappropriate and/or steal GINA’s property, including equipment, tools, ingredients, materials,
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disposable items, fragrances, and key ingredients.
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50. MAI has retained, not returned and is deliberately withholding GINA’s perosnal
27,
property that belongs to her.
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Sl. As a direct and proximate result of Defendant MAI’s conduct, GINA has sustained
actual damages in an amount subject to proof at trial.
52. MAI’s conduct is in direct violation of Penal Code §496(c).
33. Accordingly, pursuant to Penal Code §496(c), MAI is liable to GINA for three times
the amount of actual damages sustained by Plaintiff, plus attorney fees and costs.
SEVENTH CAUSE OF ACTION
(Breach of Oral Partnership Agreement)
Plaintiff Against MAI DINH and all Defendants
10 54. Plaintiff incorporates by reference paragraphs 48 through 53 of this Complaint as
11 though set forth in full herein.
12 55. In November 2020 GINA and MAI entered into an oral partnership agreement to
13 conduct a subscription skin care business at the SALON.
14 56. In or about September 2021, Defendant breached the oral partnership agreement by
15 selling partnerships property and retaining the profits.
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18 EIGHTH CAUSE OF ACTION
(Breach of Fiduciary Duty)
19
Plaintiff Against all Defendant’s
20
21 a7. Plaintiff incorporates by reference paragraphs 54 through 56 of this Complaint as
22 though set forth in full herein.
23 58. MAI’s breach proximately caused damages to GINA in a sum subject to proof at trial,
24 plus costs and interest at the legal rate.
25 59. MAI owed a fiduciary duty to GINA by virtue of their position in the partnership in
26 which they held a position of trust and confidence.
27 60. MAI owed a duty to exercise candor, good faith, loyalty and care as partners in the
28 partnership and in the management and administration of the partnership.
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COMPLAINT FOR DAMAGES
61. By virtue of the conduct as set forth herein, MAI has intentionally and/or recklessly
breached or disregarded her fiduciary duties owed to GINA as a partner.
62. The breaches of MAI’s fiduciary duties include, but are not limited to, embezzling
funds of the partnership and converting partnership property.
63. As a direct and proximate consequence of MAI’s breaches of her fiduciary duties,
GINA has sustained damages in a sum subject to proof at trial, plus costs and interest at the legal rate.
64. The aforementioned conduct of MAI was intentional, deceitful and despicable that
subjected the GINA to cruel and unjust hardship in conscious disregard of the GINA’s rights, so as
to justify an award of exemplary and punitive damages in an amount subject to proof at trial.
10
11 NINETH CAUSE OF ACTION
12 (Judicial Dissolution of Partnership)
13 Plaintiff Against all Defendant’s
14 65. Plaintiff incorporates by reference paragraphs 1 through 17, 54 through 56 and 57
15 through 63 of this Complaint as though set forth in full herein.
16 66. In January 2022 GINA and MAT entered into an oral partnership agreement to create
17 and manage a subscription skin care business.
18 67. As set forth above, MAI breached the oral partnership agreement and breached her
19 fiduciary duties owed to GINA as partners.
20 68. GINA is entitled to the dissolution of the partnership and to a winding up of its affairs
21 pursuant to Corporations Code §15908.02 et. seq.
22 69. MAT has refused to consent to a dissolution of the subject partnership, making judicial
23 intervention necessary.
24 TENTH CAUSE OF ACTION
25 (Declaratory Relief)
26 Plaintiff Against all Defendant’s
27 70. Plaintiffs incorporate by reference paragraphs 1 through 17, 54 through 56 and 59
28 through 63 of this Complaint as though set forth in full herein.
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71. An actual controversy has arisen and now exists between GINA and MAI concerning
their respective rights and duties in the subject partnership.
q2. GINA hereby seeks a declaration validating the subject partnership, as well as a
judicial determination of the respective rights and duties of the partners (GINA and MAI).
73. GINA has exhausted her administrative remedies by attempting to resolve this issue
informally.
74. Ajudicial declaration is necessary and appropriate at this time under the circumstances
in order that GINA may ascertain her rights and duties in the subject partnership, settle the state of
affairs of the partnership and quantify her economic damages caused by MAI’s misconduct as set
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forth above.
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ELEVENTH CAUSE OF ACTION
12
(Constructive Trust)
13
Plaintiffs Against All Defendant’s
14
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75. Plaintiffs incorporate by reference paragraphs | through 17, 54 through 56 and 59
16
through 63 of this Complaint as though set forth in full herein.
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76. As set forth above, MAI embezzled GINA’s funds, breached the oral partnership
18
agreement and breached her fiduciary duties owed to GINA.
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Ts As a proximate result of MAI’s wrongful conduct as alleged herein, GINA has
20
sustained damages in a sum subject to proof at trial, plus costs and interest at the legal rate.
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78. By reason of the misconduct and wrongful manner in which MAI obtained GINA’s
22
funds, possession of GINA’s personal property and profits and her alleged rights, claims or interests
23
in the partnership, MAI has no legal or equitable right, claim or interest therein, but, instead, MAI is
24
an involuntary trustees holding said properties and profits therefrom in a constructive trust for GINA
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with the duty to convey the same to GINA forthwith.
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PRAYER
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
follows:
1 For general damages in a sum to be proven at trial; and
2 For special damages in a sum to be proven at trial; and
a For punitive damages in a sum to be proven at trial; and
For treble damages pursuant to Penal Code §496(c); and
For an Order that partnership affairs be wound up, that Defendants turn over all the
10
partnership's financial records, that the affairs be settled and distribution be made to the
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GINA and MAI under the terms of the oral partnership agreement; and
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For declaratory relief validating the subject partnership and determining the rights of the
13
partners; and
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For attorney fees pursuant to Penal Code §496(c) and conversion; and
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For costs of suit incurred herein; and
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For such other and further relief as the Court may deem just.
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Respectfully submitted,
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LAW OFFICES OF MARK WAECKER
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A Professional Corporation
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Dated: April 15, 2024
2, MXARWVWAECKER, Esq.
Att ey for Plaintiff,
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Preview
MARK WAECKER (SBN 81375) Electronically FILED by Superior Court of California, LAW OFFICES OF MARK WAECKER County of Los An ge les A Professional Corporation 4/15/2024 4:53 PI David W. Slayton, 633 West 5" Street, 28" Floor Executive Officer/Clerk of Court, Los Angeles, California 90071 By R. Perez, Deputy Clerk Telephone: (213) 955-4500 Facsimile: (213) 955-4560 E-mail: Mark@waeckerlaw.com Attorney for Plaintiff, GINA HAM SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF LOS ANGELES 11 ) Case No.: 24ST cyvos4r?r 12 GINA HAM, an individual, COMPLAINT FOR DAMAGES: 13 Plaintiff, 1 ASSAULT 14 2 BATTERY vs. 3 INTENTIONAL INFLICTION OF 1S EMOTIONAL DISTRESS MAI DINH, an individual; GLAM HOUSE) 4. NEGLIGENT INFLICTION OF 16 LOS ANGELES, A business organization EMOTIONAL DISTRESS and DOES | through 10, inclusive, CONVERSION 17 THEFT OF PROPERTY PURSUANT TO PENAL CODE Defendants. 18 SECTION 496 BREACH OF ORAL 19 PARTNERSHIP 8 BREACH OF FIDUCIARY DUTY 20 9 JUDICIAL DISSOLUTION OF PARTNERSHIP 21 10. DECLATORY RELIEF 11. CONTRUCTIVE TRUST 22 JURY TRIAL DEMANDED 23 24 COMES NOW Plaintiff GINA HAM an individual (hereinafter “Plaintiff” or “GINA”), who 25 alleges and complains against Defendants, and each of them, as follows: 26 PRELIMINARY ALLEGATIONS a, 1 Venue is proper in this judicial district pursuant to California Code of Civil Procedure Pc §395(a). Defendants reside and do business in the County of Los Angeles and the injuries hereby i 90071 COMPLAINT FOR DAMAGES alleged occurred in the County of Los Angeles. Therefore, this case is within the jurisdiction of this Court. PARTIES 2. Plaintiff GINA HAM is, and at all times relevant herein was, an individual residing in the State of California, County of Los Angeles. 3 Plaintiffis informed and believes and based thereon alleges that Defendant MAI DINH (herein after “Defendant” or “MAI”) is, and at all times relevant herein was, an individual residing in the State of California, County of Los Angeles. 4 Defendant MAI is the owner of a business known as GLAMHOUSE LOS ANGELES 10 (hereinafter “SALON”), a beauty salon located at 5041 W. Pico Blvd, Los Angeles, California. This 11 is a business organization of a form currently unknown to Plaintiff who will amend this Complaint 12 when the true status is ascertained. 12 5 Plaintiff does not know the true names or capacities, whether individual, partner, 14 corporate, or otherwise, of the Defendants sued herein as DOES 1 through 10, inclusive, and for that 15 reason, these Defendants are sued under fictitious names. Plaintiff will seek leave of Court to amend 16 this Complaint when such true names and capacities are discovered. Each of these fictitious 17 Defendants, whether individual, partner, corporate, or otherwise, are responsible in some manner for 18 the circumstances and damages proximately caused to Plaintiff and to be subjected to the unlawful 19 practices, wrongs, injuries, and harm alleged. 20 FACTS COMMON TO ALL CAUSES OF ACTION 21 6 On or about January 13, 2022, GINA and MAI entered into an oral partnership 22 agreement to create and operate a subscription skin care business together. GINA ordered about 23 inventory and incurred shipping costs. The ordered items are described as sheet masks and GINA 24 AND MAI were attempting to build a business model for customized skin care. 25 7 The primary business of the SALON was a nail salon. GINA imported $6,500 worth 26 of Swarovski supplies from Korea and MAI used them in order to promote the SALON. 27 28 eR, APC. exis 8 os anoetes 2 Ccauroroua 0071 COMPLAINT FOR DAMAGES 8 GINA’s investment in the partnership increased the SALON’s businesses and GINA and MAI decided to continue as partners in the subscription beauty business together. 9. GINA and MAI’s oral partnership agreement included terms that GINA would receive 40% of the profit and MAI would receive 60% of the profit. They would share costs equally. 10. GINA would work 5 days a week, from 11am to 8pm, with customer service for high end clientele. 11: Over the course of 2 years, GINA was ordering supplies from Korea to customize the client’s experience to promote the business as the celebrity status was increasing the SALON traffic. 12, On or about November 10, 2023, GINA, with MAI’s permission, renovated a room 10 inside the SALON for manufacturing products, treating clients and in furtherance of their partnership. 11 13. By December 17, 2023, the construction of GINA’s room inside the SALON was 12 complete and GINA continued to work. 13 14. On or about December 28, 2023 a significant amount of orders were received 14 overnight and GINA immediately worked to fulfill the orders. 15 15. Issues arouse when MAI was getting paid for the orders and refused to share the 16 business’ profit with GINA pursuant to their agreement. 17 16. GINA sourced the equipment, tools, ingredients, materials, disposable items, 18 fragrances, and key ingredients. GINA continued to invest to purchase ingredients and equipment that 19 was used between December 2023 and March 2024. The products are currently still being sold, while 20 a demand has been made to MAI to return GINA’s property. 21 7: GINA was never compensated for her labor and no profits were ever shared with her 22 in breach of their agreement. MAI continues to withhold GINA’s property and refuses to return it to 23 her. 24 HW 25 HW 26 Hf 27 // 28 Mani Kee 633 we wee 3 caro 90071 COMPLAINT FOR DAMAGES FIRST CAUSE OF ACTION (Assault) Plaintiff Against All Defendants 18. Plaintiff incorporates by reference paragraphs 1 through 17 of this Complaint as though set forth in full herein. 19: On or about February 28, 2024, GINA went to the SALON to recover her belongings. MAI accused GINA of stealing from the SALON and assaulted and struck her. 20. Defendant MAI violently grabbed GINA by her hair and arm. MAI caused GINA to 10 suffer severe bodily injury such as bruises and scars on her face and neck as well on her right arm and 11 other areas of her body. Plaintiff was injured by MAI’s conduct. 12 21. As a proximate result of the assault committed by MAI, GINA was injured in her 13 strength and activity and has suffered injuries requiring medical treatment all subject to proofat trial. 14 22. The conduct of MAI was willful, wanton, intentional, despicable, malicious and 15 without just or reasonable cause and justifies an award of punitive and exemplary damages in an 16 amount subject to proof at trial 17 18 SECOND CAUSE OF ACTION 19 (Battery) 20 Plaintiff Against All Defendants 21 23. Plaintiff incorporates by reference paragraphs 1 through 22 of this Complaint as 22 though set forth in full herein. 23 24. On or about February 28, 2024, GINA went to the SALON to recover her property. 24 MAL accused GINA of stealing from the SALON and began to harm her. 25 2a: MAI physically assaulted and battered GINA by grabbing her hair, scratching her on 26 her body, pulling her to the ground, causing significant injuries to her mind and body. 27 26. GINA was physically injured as a direct and proximate result of MAI’s conduct. 28 £8 oF“APC sa west rms) Loe Aves 4 ‘carom 90071 COMPLAINT FOR DAMAGES 2 The conduct Defendants and each of them by committing a battery on GINA entitiles GINA to reimbursement for damages for medical expenses as well as for emotional, mental and psychological distress and pain and suffering is an amount subject to proof at trial. 28. The conduct of MAI was willful, wanton, intentional, despicable, malicious and without just or reasonable cause and justifies the award of punitive and exemplary damages in an amount subject to proof at trial. THIRD CAUSE OF ACTION (Intentional Infliction of Emotional Distress) Plaintiff Against All Defendants 10 29. Plaintiff incorporates by reference paragraphs 1 through 28 of this Complaint as 11 though set forth in full herein. 12 30. On or about February 28, 2024, GINA went to the SALON to recover her property, 13 MAI accused GINA of stealing and assaulted and battered her. 14 31. In performing the acts as alleged herein, MAI not only recklessly disregarded the 15 severity of the distress and injuries she was causing to GINA, but acted consciously and with intent 16 to cause Plaintiff to suffer severe emotional distress. MAI’s conduct was intrusive, outrageous and 17 had a severe and traumatic effect on GINA emotionally. MAI’s conduct constitutes Intentional 18 Infliction of Emotional Distress and Plaintiff is entitled to damages in an amount subject to proof at 19 trial. 20 52) The conduct of MAI was willful, wanton, intentional, despicable, malicious and 21 without just or reasonable cause and justifies the award of punitive and exemplary damages in an 22 amount subject to proof at trial. 23 FOURTH CAUSE OF ACTION 24 (Negligent Infliction of Emotional Distress) 25 Plaintiff Against All Defendants 26 33. Plaintiff incorporates by reference paragraphs | through 17 of this Complaint as 27 though set forth in full herein. 28 ManxLaw WagexeR, Orrices oFAPC ar rer LoeAnoeies 5 Ccauroroun 90074 COMPLAINT FOR DAMAGES 34, Defendants and each of them, owed a duty of care to GINA as well as others on the premises of SALON. This duty included, but was not limited to, to act in a professional and peaceful manner, not to do anything that could disturb the quiet enjoyment or peacefulness of GINA and others. 39) Defendants and each of them breached a duty of care by raising her voice, insulting GINA negligently and carelessly causing GINA to suffer extreme emotional distress in addition to causing her physical injuries requiring her to receive medical treatment. 36. As a direct and proximate result of GINA’s conduct Plaintiff incurred medical expenses in an amount subject to proof at trial. FIFTH CAUSE OF ACTION 10 (Conversion) 11 Plaintiff Against All Defendants 12 37. Plaintiff incorporates by reference paragraphs 1 through 17 of this Complaint as 13 though set forth in full herein. 14 38. When Plaintiff and Defendant decided to venture into the beauty business together, 15 GINA and MAI entered an oral partnership agreement where GINA would receive 40% of the 16 business’ profit and MAI would receive 60% of the profit. GINA was never compensated for her 17 work or received any share of the business’ profits. GINA was also never compensated for the 18 materials she purchased. 19 39) On or about June 22, 2022, GINA provided MAI two boxes of Plaintiff's handmade 20 skin care products. Defendant sold the products and never paid any profits to GINA. 21 40. For over 2 years, Plaintiff ordered supplies from Korea to customize the SALON’S 22 client experience, but GINA never was reimbursed for such expenses. 23 41. On or about November 10, 2023, Plaintiff started to renovate a room inside the 24 SALON for herself with her own funds. 25 42. Plaintiff sourced the equipment, tools, ingredients, materials, disposable items, 26 fragrances, and key ingredients. Plaintiff purchased in ingredients and equipment that was used Zi between December 2023 and March 2024. The products manufactured by GINA were and are 28 APC esses Loe anaes 6 Ccauronna 90071 COMPLAINT FOR DAMAGES currently still being sold, but GINA has never received any share of the sales pursuant to their partnership agreement. 43. Plaintiff has spent substantial amounts of money for inventory for which she was never reimbursed. Plaintiff has also spent approximately $7,000 renovating the space in the SALON and was only able to remove part of her property from the premises. 44. Plaintiff has the right to possession of her property and investments and MAI is converting such property in a manner that is inconsistent with Plaintiff's rights according to their partnership agreement. GINA has made a demand for her property and profits and MAI has refused to account to GINA or return her property and profits. 10 45. Such conduct of MAI has resulted in damages to GINA and constitute Conversion. 11 Therefore, GINA is entitled to damages in an amount subject to proofat trial. 12 46. The conduct of MAI was willful, wanton, intentional, despicable, malicious and 13 without just or reasonable cause and justifies the award of punitive and exemplary damages in an 14 amount subject to proof at trial. 15 47. GINA is also entitled to her attorney’s fees to recover her property converting MAI. 16 17 SIXTH CAUSE OF ACTION 18 (Theft of Property Pursuant to Penal Code Section 496 (c)) 19 Plaintiff Against All Defendants 20 48. Plaintiff incorporates by reference paragraphs 37 through 47 of this Complaint as 21 though set forth in full herein. 22 49, MAI refused to allow GINA to remove her personal property from the SALON’S 23 premises and expressly told her that she does not owe anything to GINA. MAI conspired to 24 misappropriate and/or steal GINA’s property, including equipment, tools, ingredients, materials, 25 disposable items, fragrances, and key ingredients. 26 50. MAI has retained, not returned and is deliberately withholding GINA’s perosnal 27, property that belongs to her. 28 Law OFFicesoF Man WateKer, APC sdest= FLoo rem st. Loe Avoties 7 ‘carom 90071 COMPLAINT FOR DAMAGES Sl. As a direct and proximate result of Defendant MAI’s conduct, GINA has sustained actual damages in an amount subject to proof at trial. 52. MAI’s conduct is in direct violation of Penal Code §496(c). 33. Accordingly, pursuant to Penal Code §496(c), MAI is liable to GINA for three times the amount of actual damages sustained by Plaintiff, plus attorney fees and costs. SEVENTH CAUSE OF ACTION (Breach of Oral Partnership Agreement) Plaintiff Against MAI DINH and all Defendants 10 54. Plaintiff incorporates by reference paragraphs 48 through 53 of this Complaint as 11 though set forth in full herein. 12 55. In November 2020 GINA and MAI entered into an oral partnership agreement to 13 conduct a subscription skin care business at the SALON. 14 56. In or about September 2021, Defendant breached the oral partnership agreement by 15 selling partnerships property and retaining the profits. 16 17 18 EIGHTH CAUSE OF ACTION (Breach of Fiduciary Duty) 19 Plaintiff Against all Defendant’s 20 21 a7. Plaintiff incorporates by reference paragraphs 54 through 56 of this Complaint as 22 though set forth in full herein. 23 58. MAI’s breach proximately caused damages to GINA in a sum subject to proof at trial, 24 plus costs and interest at the legal rate. 25 59. MAI owed a fiduciary duty to GINA by virtue of their position in the partnership in 26 which they held a position of trust and confidence. 27 60. MAI owed a duty to exercise candor, good faith, loyalty and care as partners in the 28 partnership and in the management and administration of the partnership. Law want tes es 8 Ccauroroua 90071 COMPLAINT FOR DAMAGES 61. By virtue of the conduct as set forth herein, MAI has intentionally and/or recklessly breached or disregarded her fiduciary duties owed to GINA as a partner. 62. The breaches of MAI’s fiduciary duties include, but are not limited to, embezzling funds of the partnership and converting partnership property. 63. As a direct and proximate consequence of MAI’s breaches of her fiduciary duties, GINA has sustained damages in a sum subject to proof at trial, plus costs and interest at the legal rate. 64. The aforementioned conduct of MAI was intentional, deceitful and despicable that subjected the GINA to cruel and unjust hardship in conscious disregard of the GINA’s rights, so as to justify an award of exemplary and punitive damages in an amount subject to proof at trial. 10 11 NINETH CAUSE OF ACTION 12 (Judicial Dissolution of Partnership) 13 Plaintiff Against all Defendant’s 14 65. Plaintiff incorporates by reference paragraphs 1 through 17, 54 through 56 and 57 15 through 63 of this Complaint as though set forth in full herein. 16 66. In January 2022 GINA and MAT entered into an oral partnership agreement to create 17 and manage a subscription skin care business. 18 67. As set forth above, MAI breached the oral partnership agreement and breached her 19 fiduciary duties owed to GINA as partners. 20 68. GINA is entitled to the dissolution of the partnership and to a winding up of its affairs 21 pursuant to Corporations Code §15908.02 et. seq. 22 69. MAT has refused to consent to a dissolution of the subject partnership, making judicial 23 intervention necessary. 24 TENTH CAUSE OF ACTION 25 (Declaratory Relief) 26 Plaintiff Against all Defendant’s 27 70. Plaintiffs incorporate by reference paragraphs 1 through 17, 54 through 56 and 59 28 through 63 of this Complaint as though set forth in full herein. Law \cesoFAPC 6 88yeer rm Los ance 9 Ccaueonn 90071 COMPLAINT FOR DAMAGES 71. An actual controversy has arisen and now exists between GINA and MAI concerning their respective rights and duties in the subject partnership. q2. GINA hereby seeks a declaration validating the subject partnership, as well as a judicial determination of the respective rights and duties of the partners (GINA and MAI). 73. GINA has exhausted her administrative remedies by attempting to resolve this issue informally. 74. Ajudicial declaration is necessary and appropriate at this time under the circumstances in order that GINA may ascertain her rights and duties in the subject partnership, settle the state of affairs of the partnership and quantify her economic damages caused by MAI’s misconduct as set 10 forth above. 11 ELEVENTH CAUSE OF ACTION 12 (Constructive Trust) 13 Plaintiffs Against All Defendant’s 14 1S 75. Plaintiffs incorporate by reference paragraphs | through 17, 54 through 56 and 59 16 through 63 of this Complaint as though set forth in full herein. 17 76. As set forth above, MAI embezzled GINA’s funds, breached the oral partnership 18 agreement and breached her fiduciary duties owed to GINA. 19 Ts As a proximate result of MAI’s wrongful conduct as alleged herein, GINA has 20 sustained damages in a sum subject to proof at trial, plus costs and interest at the legal rate. 21 78. By reason of the misconduct and wrongful manner in which MAI obtained GINA’s 22 funds, possession of GINA’s personal property and profits and her alleged rights, claims or interests 23 in the partnership, MAI has no legal or equitable right, claim or interest therein, but, instead, MAI is 24 an involuntary trustees holding said properties and profits therefrom in a constructive trust for GINA 25 with the duty to convey the same to GINA forthwith. 26 27 28 MarkLaw Wacexen, Orrices oFAPC 8 weer rm 26m r1o0n LorAnoeiss 10 canon 90071 COMPLAINT FOR DAMAGES PRAYER WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: 1 For general damages in a sum to be proven at trial; and 2 For special damages in a sum to be proven at trial; and a For punitive damages in a sum to be proven at trial; and For treble damages pursuant to Penal Code §496(c); and For an Order that partnership affairs be wound up, that Defendants turn over all the 10 partnership's financial records, that the affairs be settled and distribution be made to the 11 GINA and MAI under the terms of the oral partnership agreement; and 12 For declaratory relief validating the subject partnership and determining the rights of the 13 partners; and 14 For attorney fees pursuant to Penal Code §496(c) and conversion; and 15 For costs of suit incurred herein; and 16 For such other and further relief as the Court may deem just. 17 18 Respectfully submitted, 19 LAW OFFICES OF MARK WAECKER 20 A Professional Corporation 21 WW 22 Dated: April 15, 2024 2, MXARWVWAECKER, Esq. Att ey for Plaintiff, 24 GINA HAM 25 26 27 28 Law OrriceseR, oFAPC. ‘6s3est ret Loe mnie 11 Ccaurorw 00071 COMPLAINT FOR DAMAGES