Complaint,Petition: Highpoint Capital SPE1, LLC, a Delaware Limited Liability Company, -v- Navarro, an Individual et al Print

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                                ELECTRONICALLY FILED
     ROBERT L. RENTTO (42655)                                  SUPERIOR COURT OF CALIFORNIA
                                                               COUNTY OF SAN BERNARDINO
     DAVID A. RENTTO (198030)                                  SAN BERNARDINO DISTRICT
     Rentto & Rentto Prof. Law Corp.
     3517 Camino Del Rio South, Suite 412                      5/24/2024 4:35 PM
     San Diego, CA 92108
     Telephone:(619) 238-1002                                  By: Ana Estrada, DEPUTY



     Attorneys for Plaintiff




 8
                                 SUPERIOR COURT OF CALIFORNIA,
 9
          COUNTY OF SAN BERNARDINO, SAN BERNARDINO JUSTICE CENTER
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                                                                     CIVSB2416880
12   HIGHPOINT CAPITAL SPEI, LLC, a                  )         No.
     Delaware Limited Liability Company,             )
13                                       )                     COMPLAINT FOR MONEY
                                         )                     DAMAGES, POSSESSION AND
14                                       )                     CONSTRUCTIVE TRUST
                                         )
15                                       )
                     Plaintiff.          )
16                                       )
     V.                                  )
17                                       )
     DAVID NAVARRO aka DAVID             )
18   NAVARRO RODRIGUEZ, an individual; )
     N.D.N TRANSPORTS CORP.,a California )
19   Corporation, and DOES       I   through 50,     )
                                                     )
20
                                                     )         LIMITED CIVIL CASE
21                                                   )         DAMAGES EXCEED
                                                     )         $ 10,000
22                           Defendants.             )
                                                     )
23

24          Plaintiff alleges:
25                                        FIRST CAUSE OF ACTION
                                              (Breach of Contract)
26                                        (As Against All Defendants)
27          1.   Plaintiff is and at all times herein mentioned was a corporation duly organized and
28   existing under the laws of the State of Delaware.

                     COMPI.AINT FOR MONEY DAMAGES, POSSESSION AND CONSTRUCTIVE TRUST
                                                    Page   I
               2. Defendant DA VID NA VARRO is and at all times herein mentioned was a resident of

     this judicial district, where the obligation sued upon arose, was made or entered into, was to be

     performed or the breach occurred.

               3. The obligation sued upon is commercial in nature, is not subject to the provisions       of
     C.C.P. Section 395(b) and is not based upon a retail installment sales contract or a conditional

     sales contract and thus is not subject to the provisions of either Civil Code Section 1812.10 or

     2984.4.

               4. The true names «nd capacities     of the defendants named as DOES        I   through 50 are
     unknown to plaintiff. Upon ascertaining said matters, plaintiff will amend this complaint.

10   Plaintiff is informed and believes and thereon alleges that each defendant designated herein by

     fictitious name is legally responsible for, has proximately caused the happening set forth in this

12   complaint and/or is obligated to indemnify and hold harmless plaintiff, or to return to plaintiff

13   collateral and/or proceeds, in any and all respects as hereinafter alleged. At all times herein

14   alleged, each such defendant was the agent or employee of all other defendants, and in doing the

15   acts herein alleged was acting within the scope of that authority as such agent or employee.

16           5.   If any defendant is a corporation or similar entity, plaintiff is informed and believes and
17   thereon alleges that Defendants DAVID NA VARRO aka DAVID NAVARRO RODRIGUEZ,

18   (hereafter "MR. NAVARRO") and DOES               I   through 20, and each of them or any combination
19   thereof, dominated the affairs of said corporation, that a unity of interest and ownership existed

20   between said defendants and said corporation, that said corporation was a inere shell and a naked

21   framework for manipulation by said defendants, that the income of said corporation was diverted

22   by said defendants, that said corporation was inadequately capitalized, that said corporation failed

23   to issue stock and to abide by the formalities of corporate existence, that said corporation is and

24   has been insolvent, and that to adhere to the fiction of separate existence would promote injustice.

25          6. Plaintiff entered into an AGREEMENT FOR THE PURCHASE AND SALE OF

26   FUTURE RECEIPTS (hereafter "the Agreement" ) in writing with Defendants DAVID

27   NAVARRO aka DAVID NAVARRO RODRIGUEZ and N.D.N TRANSPORTS CORP., a

     California corporation (hereafter collectively referred to as "Defendants NAVARRO" providing

                      COMPLAINT FOR MONEY DAMAGES, POSSLSSION AND CONSTRUCTIVE TRUST
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