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  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS MEYTAL LITMANOVITZ Other Promissory Note/Collections Case (General Jurisdiction) document preview 
						
                                
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                                20TRCV00143
                                  Assigned for all purposes to: Torrance Courthouse, Judicial Officer: Ramona See
Electronically FILED by Superior Court of California, County of Los Angeles on 02/13/2020 12:00 AM Sherri R. Carter, Executive Officer/Clerk of Court, by T. Rhodes,Deputy Clerk

                             LAN OFFICES OF KENNETH                               J.     FREED
                             KENNETH              J.
                                        FREED, ESQ.                                [SBN. 125349)
                              DAVID E. (4EEKS, ESQ.                                [SBN. 190542)
                             14226 Ventuza Boulevard
                             Snerman Oaks, California 91423
                             (818) 990-0888 / (818) 990-1047 Facsimile
                             KFREEDEKJFESO.COM
                             DKEEKSEKJFESO.COM
                  5
                             Attorneys for Plaintiff
                  6          CR DITORS ADJUSTMENT BUREAU,                                       INC.
                             Our File No. 6045438
                  7

                                           SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

                                                             TORRANCE COURTHOUSEi                           UNLIMITED CIVIL

                  10
                             CREDITORS                 ADJUSTMENT                 BUREAU,               )          CASE NO.
                  11          IN)C.,                                                                    )

                                                                                                        )
                                                                     Plaintiff,                         )

                                                                                                        )          COMPI.AINT               OR MONEY
                  13                                                                                    )           (Insurance Premi.ums)
                                                                                                        )
                  14                                                                                    )          AMOUNT OF DEMAND
                             MFYTAI     ITMANOVITZ DBA MOBILF.
                                              )                                                         )          $ 62,038.81
                  15          STAF'FING ADBA MOBILE SERVICES;                                           )
                              and          Does             1        thzough                10,         )

                  16          Inclusive,                                                                )

                                                                                                        )
                  17                                                                                    )
                                                                       Defendant..                      )
                  18                                                                                    )



                  19         Amount           of       Demand:         $   62,038.81
                  20                     Plaintiff alleges                        as follows:
                  21                                        DEFINITIONS             AND PRELIMINARY ALLEGATIONS

                  22                                   As   used herein, the term                           "Plaintiff's                  Assignor" refers
                  23            o STA'IE COMPENSATION INSURANCE FUND;

                                                       As    used herein, the terms "The Debt" ard "Said Debt"
                  25          refer to the                   sum     of     $   62,038.81;
                  26                                   As   used herein, the term "Due Date" refers to September
                  27          9, 2019;
                  28

                                                                                                                          COMPLAINI'OR                    MONEY
            4. Prior to the commencement of this action, the claims
2    sued upon herein were assigned to Plaintiff by Plaintiff's
3    Assignor, a corporation and an insurance issuer and underwriter,
4    licensed under the laws of the State of Californ'a, and Plaintiff
5    is   now the owner and holder of such claims;
6          5.    Plaintiff is a corporation organized and existing under
7    the laws of the State of California and is a collection agency;
8           6.      true names and capacities, whether individual,
                  The
9    corporate, associate or otherwise, of the Defendant herein
10   designated DOES 1 through 10, inclusive, are unknown to
11   Plaintiff; Plaintiff will ask leave of the Court to amend this
12   Complaint to show their true names and capacities when
13   asce tained;
          7.   The obligation and claims sued upor. herein were made
15   ard entered into and are due and payable in the above-mentioned
16   Judicia District and County, State of California, and are not
17   subject to the provisions of Sections 1812.10 and 2984.4 of t.he
18   California Civil Code and Section 395(b) of the Cali ornia Civil
19   Code   Procedure;
20          8.    At    all   times herein ment.ioned, the Defendant was an
21   agent and employees of the other Defendan", and were acting
22   within he course and scope of such agency and employment;
23                FIRST CAUSE OF ACTION (BREACH OF CONTRACTI
24          9.    Plaintiff repeats, realleges        and incorporates herein by
25   reference paragraphs         1   through   8   as though   fully set forth
26   herein.
27          10.   Plaintiff's
                            Assignor and Defendant entered into a
28   written agreement wherein Plaintiff's Assignor agreed to provide
                                                        COMPLAINT   F'R   MONEY
1    a po  icy of workers compensation insurance to the Defendant,
2    bearing Policy No. 9214668-17 (covering the period of July 21,
3    2017 through July 21, 2018) and Defendant agreed to pay premiums
4    in accordance with the terms and conditions o said policy which
5    provided for payment of premiums.
6         11. That said Defendant accepted said workers compensation
7    insurance policy bearing Policy No. 9214668-17, and, in
8    consideration thereof, agreed to the terms anci conditions set
9    forth therein which provided for payment of premiums.
10        12. That Plaintiff's Assignor has performed everything on
11   its part =o be performed under sa.id insurance policy;
12          13.       That on or about September 9, 2019, Defendant breached
13   that   pa    t   of the policy requiring the payment of premiums thereby
14   becoming indebted to         Plaintiff's    Assignor in the amount of the
15   Debt    for                  for insurance premiums earned by
                      t.he balance due
16   Plaint;iff's Assignor as a result of the sale, issuance and
17   delivery of said workers compensation insurance policy bearing
18   Policy No. 9214668-17 by Plaintiff's Assignor to Defendant at
19   Defendant's request. Said balance has not been paid although
20   payment has been demanded, and there is now due, owing and unpaid
21   from the Defendant to Plaintiff said Debt, together with interest
22   thereon at the rate of ten percent (10-:) per annum since demanded
23   on the Due Date as set forth in Paragraph 3 herein;
                       SECOND CAUSE OF ACTION    (OPEN BOOK ACCOUNT)

25          14.       Plaintiff repeats, realleges     and incorporates herein by
26   reference paragraphs          1   through   8   as though fully set forth
27   her in;
28

                                                         COMPLAINT FOR MONEY
1          15.     Within four years preceding the commencement of this
2     act'n,      Defendant,   and      of them, became ir debted to
                                       each
3     Pla'nti f's    Assignor in the amount of "the DEBT" for a balance
4     due on a book account for goods sold and        delivered and/or
5     services rendered by Plaintiff's Assignor to Defendant at
6     Defenoant's request. Said DEBT has not been paid a though payment
7     has been demanded, and said DEBT is now due, owing and unpaid,
8     together with interest thereon at. the rate of ter percent (10%)
9     per annum since demanded on the due date;
10          16. The DFBT sued upon herein was incir ed on or after
11    Janus y 1, 1987 and is subject to the prov's.'ons of the
12    Cali.fornia Civi.l Code Section 1717.5 and that Plaintiff is
13    entitled to be awarded attorney's fees pursi ant =o said section;
                     THIRD CAUSE OF ACTION (ACCOUNT STATFD)

15         17.     Plaintiff repeats, realleges       and incorporates herein by
16    reference paragraphs        I   through   8   as though filly set forth
17    herein;
18         18.     Within f'our years precedi.ng the commencement of this
19    a"tion,    an account was   stated           Plainti.f 's Assignor
                                           by and between
20    ax.d Defendant, and each of them, wherein it was ascertained and
21    agreed that said Defendant owed said DEBT to Plaintiff's Assignor
22    together with interest thereon at the rate of ten percent (10-:)
23)   per annim from the Due Date;
24          19. The DEBT sued upon herein was incurred on or after
25    Jaruary 1, 1987 and is subject to the provis'ons of the
26    Ca ifornia Civil Code Section 1717.5 and tha         Plaintiff is
27    entit:ed to be awarded attorney's fees pursuant to said section;
28

                                                        COMPLAIN':"   F'R   MONEY
                   FOURTH CAUSE OF ACTION    (REASONAB E VA: UE)

            20.   Plaintiff repeats, realleges   and incorporates herein by
3      reference paragraphs 1 through 8 as though fully set forth
4      herein;
5            21. Nithin two years preceding the commencement of this
6      action Defendant, and each of them, became indebted to
7      Plaintiff's assignor for the reasonable value of goods sold and
8      delivered and/or services rendered by Plaintiff's assignor to
9      said Defendant at said Defendant's request, the DEBT was and is
10     the reasonable value of said goods, and/or serv'es. No part of
11     said DEBT has been paid although payment has been demanded, and
12     said DEBT is now due, owing and unpaid togethe" with interest at
13     the ra=e of ten percent (10%) per annum since demanded on the due
14     date;
15           22. The DEBT sued upon herein was incurred on or after
16     Janua y 1, 1987, and is subject to the provisions of the
17     California Civil Code Section 1717.5 and that Plaintiff is
:1.8   entitled to be awarded attorney's fees pursuant to said section.
19           THEREFORE, P:).aint).ff prays judgment against =he Defendant,

20     and each of them, as follows:
21                      AS TO THE FIRST CAUSE OF ACTION

22          1.    For the sum of    $   62,038.81, together with interest
23     thereon at the rate of ten percent (10%) per annum from September
24     9, 20:9;
25          2.   For costs of suit herein; and
26          3.   For such other and further relief as the Court may deem
27     just and proper.
28

                                                   COMPLAINT FOR MONEY
1             AS TO THE SECOND. THIRD AND FOURTH CAUSES OF ACTION

2                   For the sum of 62,038.81, together with interest
                                         $

3    the eon at the rate of ten percent (10%) per anrum from September
4    9, 2019;
            2.      For costs of suit incurred herein;
            3.      For attorney's fees pursuant to Cali ornia Civil                  Code
7    Secton 1717.5; and,
8           4.      For such other and       further relief as the Court          may deem
9    just   and proper.
10   DATED:      February 3, 2020             LAW   OFFICES +f'ENNETH        J.   FREED
                                                                I


12                                                           ~7
                                                    ~ENE1,/TH     O'R   ED
13                                                  Attorneys for Plaintiff
                                                    CRFDITORS ADUUSTMENT BUREAU,
                                                     INC.




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                                                            COMPLAINT FOR MONEY