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PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEYJName, State Bar number, and address): FOR COURT USE ONLY
Richard T Miller, Esq. (State Bar# 155522)
Law Offices of Richard T. Miller
7120 Hayvenhurst Ave., Suite 108, Van Nuys, CA 91406
TELEPHONE NO: (818) 994-8234 FAX NO. (Optional): (818) 994-8235
E-MAIL ADDRESS (Optional): rtm@richardtmillerlaw.com
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
sTREET ADDREss: 111 N. Hill Street
MAILING ADDRESS:
cITY AND zIP coDE: Los Angeles 90012
BRANCH NAME: Central
PLAINTIFF: B&A Fire Protection, Inc.
DEFENDANT: Shangri-La Construction
(3J DOES 1 TO__l_O__
CONTRACT
C&J COMPLAINT CJ AMENDED COMPLAINT (Number):
CJ CROSS-COMPLAINT O AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
0 ACTION IS A LIMITED CIVIL CASE CASE NUMBER:
Amount demanded does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
ACTION 15 AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION 15 RECLASSIFIED by this amended complaint or cross-complaint
c::J from limited to unlimited
D from unlimited to limited
1. Plaintitr (name or names): B&A Fire Protection, Inc.
alleges causes of action against defendant"' (name or names): Shangri-La Construction
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
[]] except plaintiff (name): B&A Fire Protection, Inc.
(1) []]a corporation qualified to do business in California
(2) Dan unincorporated entity (describe):
(3) c::Jother (specify):
b. [j] Plaintiff (name): B&A Fire Protection, Inc.
a. c::J has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. c::J has complied with all licensing requirements as a licensed (specify):
c. c::J 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): Shangri-La Constructionc:Jexcept defendant (name):
(1) CK] a business organization, form unknown (1) [::J a business organization, form unknown
(2) t::J a corporation (2) a corporation c:J
(3) t::J an unincorporated entity (describe): (3) an c:J
unincorporated entity (describe):
(4) t::J a public entity (describe}: (4) c:J a public entity (describe):
(5) c::J other (specify): (5) c:J other (specify):
• If this form is used as a cross-comp laint, plaintiff means cross-com plainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use
Judicial Council of California COMPLAINT-Contract Code of Civil Procedure, § 425.12
PLD-C-001 [Rev. January 1, 2007]
LexisNexis® Automated California Judicial Council Forms
PLD-C-001
SHORT TITLE: CASE NUMBER:
B&A Fire Protection, Inc, Vs. Shangri-La Construction and Does 1-10
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) D Doe defendants (specify Doe numbers): __________ were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) [X] Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to
plaintiff.
c. D Information about additional defendants who are not natural persons is contai�ed in Attachment 4c.
d. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. D Plaintiff is required to comply with a claims statute, and
a. D has complied with applicable claims statutes, or
b. D is excused from complying because (specify):
6. D This action is subject to D
Civil Code section 1812.10 D
Civil Code section 2984.4.
7. This court is the proper court because
a. [X] a defendant entered into the contract here.
b. D
a defendant lived here when the contract was entered into.
c. D
a defendant lives here now.
d. DD
the contract was to be performed here.
e. DD
a defendant is a corporation or unincorporated association and its principal place of business is here.
f. D
real property that is the subject of this action is located here.
g. D
other (specify):
8. 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):
[X] Breach of Contract
DD Common Counts
D Other (specify):
9. m Other allegations: FRAUD
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. [X] damages of: $ 275,000.00
b. DDinterest on the damages
(1) Daccording to proof
(2) []] at the rate of (specify): l 0 percent per year from (date): November 16, 2022
C. (]J attorney's fees
(1)0 of: $
(2) [X] according to proof.
d. D other (specify):
11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: M� Z Y; 'u,;7_ '(
Richard T Miller, Esq.
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2007) COMPLAINT-Contract Page 2 of 2
LexisNexis® Automated California Judicial Council Forms
PLD-C-001(1)
SHORT TITLE: CASE NUMBER:
B&A Fire Protection, Inc, Vs. Shangri-La Construction and Does 1-10
FIRST CAUSE OF ACTION-Breach of Contract
m
(number)
ATTACHMENT TO Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name): B&A Fire Protection, Inc.
alleges that on or about (date): April 18, 2023
a written oral D
other (specify):
agreement was made between (name parties to agreement): B&A FireProtection, Inc and Shangri-La
Construction
D A copy of the agreement is attached as Exhibit A, or
The essential terms of the agreement O are stated in Attachment BC-1 (]] are as follows (specify):
That Plaintiff would install Fire Protection equipment at various locations and Defendant
would pay for those services and expenses incurred.
BC-2. On or about (dates): December 15, 2023
defendant breached the agreement by the acts specified in Attachment BC-2 the following acts
(specify): Failed to pay invoices for services rendered and expenses incurred.
BC-3. Plaintiff has performed al! 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):
$195,000.00 plus legal interest at 10% since 11/16/2022 and $80,000.00 plus legal
interest at 10% since 12/12/2023.
BC-5. D Plaintiff is entitled to attorney fees by an agreement or a statute
of$
D according to proof.
BC-6. D Other:
Page ___3___
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California CAUSE OF ACTION-Breach of Contract Code of Civil Procedure,§ 425.12
www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
LexisNexis® Automated California Judicial Council Forms
PLD-C-001(2)
and Does 1-10
SECOND CAUSE OF ACTION-Common Counts
(number)
ATTACHMENT TO [[] Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): B&A Fire Protection, Inc.
alleges that defendant (name): Shangri-La Construction
became indebted to @ plaintiff D other (name):
a. within the last four years
(1) on an open book account for money due.
(2) 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. m within the last []] two years D four years
for money had and received by defendant for the use and benefit of plaintiff.
(1)
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of$ 275,000.00
the reasonable value.
(3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of$
the reasonable value.
(4) D for money lent by plaintiff to defendant at defendant's request.
(5) for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) other (specify):
CC-2. $275,000.00 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest D according to proof [&] at the rate of 10.00 percent per year
from (date): November 16, 2022
CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute
D at$
IX] according to proof.
CC-4. (]] Other:
$195,000.00 plus legal interest of 10% since 11/16/2022
$80,000.00 Plus legal interest of 10% since 12/12/2023
Page 4
P 1 of 1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION-Common Counts Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
LexisNexis® Automated California Judicial Council Forms
CASE NUMBER:
SHORT TITLE:
and Does 1-10
THIRD CAUSE OF ACTION-Fraud
(number)
ATTACHMENT TO IT] Complaint c::J Cross-Complaint
(Use a separate cause of action form for each cause of action.)
FR- 1. Plaintiff (name): B&A Fire Protection, Inc.
alleges that defendant (name): Shangri-La Construction
on or about (date): defrauded plaintiff as follows:
FR-2. l::J Intentional or Negligent Misrepresentation
a. Defendant made representations of material fact CJ as stated in Attachment FR-2.a CJ as follows:
b. These representations were in fact false. The truth was CJ as stated in Attachment FR-2.b CJ as follows:
c. When defendant made the representations,
(::J defendant knew they were false, or
(::J defendant had no reasonable ground for believing the representations were true.
d. Defendant made the representations with the intent to defraud and induce plaintiff to act as described
in item FIR-5. At the time plaintiff acted, plaintiff did not know the representations were false and believed
they were true. Plaintiff acted in justifiable reliance upon the truth of the representations.
FR-3. (::J Concealment
a. Defendant concealed or suppressed material facts CJ as stated in Attachment FR-3.a c:::J as follows:
b. Defendant concealed or suppressed material facts
(::J defendant was bound to disclose.
c:J by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed
or suppressed facts.
c. Defendant concealed or suppressed these facts with the intent to defraud and induce plaintiff to act
as described in item FR-5. At the time plaintiff acted, plaintiff was unaware of the concealed or suppressed
facts and would not have taken the action if plaintiff had known the facts.
Page 5
Pa e 1 of 2
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California CAUSE OF ACTION-Fraud www.courtinfo.ca.gov
PLD-C-001(3) [Rev. January 1, 2007]
LexisNexis® Automated California Judicial Council Forms
PLD-C-001 (3)
CASE NUMBER:
and Does 1-10
THIRD CAUSE OF ACTION-Fraud
(number)
FR-4. [xJ Promise Without Intent to Perform
a. Defendant made a promise about a material matter without any intention of performing it c:::J as stated
in Attachment FR-4.a [TI as follows:
Defendant promised to pay Plaintiff for Fire Protection equipments installation on
various loacations and expenses incurred.
b. Defendant's promise without any intention of performance was made with the intent to defraud and induce
plaintiff to rely upon it and to act as described in item FR-5. At the time plaintiff acted, plaintiff was unaware of
defendant's intention not to perform the promise. Plaintiff acted in justifiable reliance upon the promise.
FR-5. In justifiable reliance upon defendant's conduct, plaintiff was induced to act t::J as stated in Attachment FR-5
[&:] as follows:
Plaintiff performed services, installing Fire Protection equipments and incurred
expenses
FR-6. Because of plaintiffs reliance upon defendant's conduct, plaintiff has been damaged D as stated in
Attachment FR- 6 Ll] as follows:
$275,000.00
FIR - 7. Other:
Page 6
PLD-C-001(3) [Rev. January 1, 2007 Page 2 of 2
CAUSE OF ACTION-Fraud
LexisNexis® Automated California Judicial Council Forms
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PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEYJName, State Bar number, and address): FOR COURT USE ONLY Richard T Miller, Esq. (State Bar# 155522) Law Offices of Richard T. Miller 7120 Hayvenhurst Ave., Suite 108, Van Nuys, CA 91406 TELEPHONE NO: (818) 994-8234 FAX NO. (Optional): (818) 994-8235 E-MAIL ADDRESS (Optional): rtm@richardtmillerlaw.com ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES sTREET ADDREss: 111 N. Hill Street MAILING ADDRESS: cITY AND zIP coDE: Los Angeles 90012 BRANCH NAME: Central PLAINTIFF: B&A Fire Protection, Inc. DEFENDANT: Shangri-La Construction (3J DOES 1 TO__l_O__ CONTRACT C&J COMPLAINT CJ AMENDED COMPLAINT (Number): CJ CROSS-COMPLAINT O AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): 0 ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION 15 AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION 15 RECLASSIFIED by this amended complaint or cross-complaint c::J from limited to unlimited D from unlimited to limited 1. Plaintitr (name or names): B&A Fire Protection, Inc. alleges causes of action against defendant"' (name or names): Shangri-La Construction 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult []] except plaintiff (name): B&A Fire Protection, Inc. (1) []]a corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) c::Jother (specify): b. [j] Plaintiff (name): B&A Fire Protection, Inc. a. c::J has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. c::J has complied with all licensing requirements as a licensed (specify): c. c::J 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): Shangri-La Constructionc:Jexcept defendant (name): (1) CK] a business organization, form unknown (1) [::J a business organization, form unknown (2) t::J a corporation (2) a corporation c:J (3) t::J an unincorporated entity (describe): (3) an c:J unincorporated entity (describe): (4) t::J a public entity (describe}: (4) c:J a public entity (describe): (5) c::J other (specify): (5) c:J other (specify): • If this form is used as a cross-comp laint, plaintiff means cross-com plainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial Council of California COMPLAINT-Contract Code of Civil Procedure, § 425.12 PLD-C-001 [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council Forms PLD-C-001 SHORT TITLE: CASE NUMBER: B&A Fire Protection, Inc, Vs. Shangri-La Construction and Does 1-10 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defendants (specify Doe numbers): __________ were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [X] Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contai�ed in Attachment 4c. d. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. D This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. [X] a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. c. D a defendant lives here now. d. DD the contract was to be performed here. e. DD a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject of this action is located here. g. D other (specify): 8. 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): [X] Breach of Contract DD Common Counts D Other (specify): 9. m Other allegations: FRAUD 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of: $ 275,000.00 b. DDinterest on the damages (1) Daccording to proof (2) []] at the rate of (specify): l 0 percent per year from (date): November 16, 2022 C. (]J attorney's fees (1)0 of: $ (2) [X] according to proof. d. D other (specify): 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: M� Z Y; 'u,;7_ '( Richard T Miller, Esq. (TYPE OR PRINT NAME) ► (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007) COMPLAINT-Contract Page 2 of 2 LexisNexis® Automated California Judicial Council Forms PLD-C-001(1) SHORT TITLE: CASE NUMBER: B&A Fire Protection, Inc, Vs. Shangri-La Construction and Does 1-10 FIRST CAUSE OF ACTION-Breach of Contract m (number) ATTACHMENT TO Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): B&A Fire Protection, Inc. alleges that on or about (date): April 18, 2023 a written oral D other (specify): agreement was made between (name parties to agreement): B&A FireProtection, Inc and Shangri-La Construction D A copy of the agreement is attached as Exhibit A, or The essential terms of the agreement O are stated in Attachment BC-1 (]] are as follows (specify): That Plaintiff would install Fire Protection equipment at various locations and Defendant would pay for those services and expenses incurred. BC-2. On or about (dates): December 15, 2023 defendant breached the agreement by the acts specified in Attachment BC-2 the following acts (specify): Failed to pay invoices for services rendered and expenses incurred. BC-3. Plaintiff has performed al! 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): $195,000.00 plus legal interest at 10% since 11/16/2022 and $80,000.00 plus legal interest at 10% since 12/12/2023. BC-5. D Plaintiff is entitled to attorney fees by an agreement or a statute of$ D according to proof. BC-6. D Other: Page ___3___ Page 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION-Breach of Contract Code of Civil Procedure,§ 425.12 www.courtinfo.ca.gov PLD-C-001(1) [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council Forms PLD-C-001(2) and Does 1-10 SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO [[] Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): B&A Fire Protection, Inc. alleges that defendant (name): Shangri-La Construction became indebted to @ plaintiff D other (name): a. within the last four years (1) on an open book account for money due. (2) 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. m within the last []] two years D four years for money had and received by defendant for the use and benefit of plaintiff. (1) (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of$ 275,000.00 the reasonable value. (3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of$ the reasonable value. (4) D for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): CC-2. $275,000.00 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof [&] at the rate of 10.00 percent per year from (date): November 16, 2022 CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute D at$ IX] according to proof. CC-4. (]] Other: $195,000.00 plus legal interest of 10% since 11/16/2022 $80,000.00 Plus legal interest of 10% since 12/12/2023 Page 4 P 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION-Common Counts Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] LexisNexis® Automated California Judicial Council Forms CASE NUMBER: SHORT TITLE: and Does 1-10 THIRD CAUSE OF ACTION-Fraud (number) ATTACHMENT TO IT] Complaint c::J Cross-Complaint (Use a separate cause of action form for each cause of action.) FR- 1. Plaintiff (name): B&A Fire Protection, Inc. alleges that defendant (name): Shangri-La Construction on or about (date): defrauded plaintiff as follows: FR-2. l::J Intentional or Negligent Misrepresentation a. Defendant made representations of material fact CJ as stated in Attachment FR-2.a CJ as follows: b. These representations were in fact false. The truth was CJ as stated in Attachment FR-2.b CJ as follows: c. When defendant made the representations, (::J defendant knew they were false, or (::J defendant had no reasonable ground for believing the representations were true. d. Defendant made the representations with the intent to defraud and induce plaintiff to act as described in item FIR-5. At the time plaintiff acted, plaintiff did not know the representations were false and believed they were true. Plaintiff acted in justifiable reliance upon the truth of the representations. FR-3. (::J Concealment a. Defendant concealed or suppressed material facts CJ as stated in Attachment FR-3.a c:::J as follows: b. Defendant concealed or suppressed material facts (::J defendant was bound to disclose. c:J by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed or suppressed facts. c. Defendant concealed or suppressed these facts with the intent to defraud and induce plaintiff to act as described in item FR-5. At the time plaintiff acted, plaintiff was unaware of the concealed or suppressed facts and would not have taken the action if plaintiff had known the facts. Page 5 Pa e 1 of 2 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION-Fraud www.courtinfo.ca.gov PLD-C-001(3) [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council Forms PLD-C-001 (3) CASE NUMBER: and Does 1-10 THIRD CAUSE OF ACTION-Fraud (number) FR-4. [xJ Promise Without Intent to Perform a. Defendant made a promise about a material matter without any intention of performing it c:::J as stated in Attachment FR-4.a [TI as follows: Defendant promised to pay Plaintiff for Fire Protection equipments installation on various loacations and expenses incurred. b. Defendant's promise without any intention of performance was made with the intent to defraud and induce plaintiff to rely upon it and to act as described in item FR-5. At the time plaintiff acted, plaintiff was unaware of defendant's intention not to perform the promise. Plaintiff acted in justifiable reliance upon the promise. FR-5. In justifiable reliance upon defendant's conduct, plaintiff was induced to act t::J as stated in Attachment FR-5 [&:] as follows: Plaintiff performed services, installing Fire Protection equipments and incurred expenses FR-6. Because of plaintiffs reliance upon defendant's conduct, plaintiff has been damaged D as stated in Attachment FR- 6 Ll] as follows: $275,000.00 FIR - 7. Other: Page 6 PLD-C-001(3) [Rev. January 1, 2007 Page 2 of 2 CAUSE OF ACTION-Fraud LexisNexis® Automated California Judicial Council Forms