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1 || EDWARD G. POOLE, ESQ. (SBN 120976) ELECTRONICALLY
epoole@adplaw.com FILED
DEBORAH G. GOODMAN (SBN 276259) Sagotal Coald decaanicnia
ANDERSON & POOLE | para anie
, PC.
601 California Street, Suite 1300 Oa becin
San Francisco, CA 94108-2818 oan Cane.
Telephone: (415) 956-6413 ee
Facsimile: (415) 956-6416
Firenze Fine Arts, Inc.
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6 || Attorneys for Defendant
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8 SUPERIOR COURT OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN FRANCISCO
0
1 JAMES M. STEIN, CASE NO. CPF-16-515324
)
)
12 Plaintiffs, ) DECLARATION OF ALFRED
) BOUSKILA IN SUPPORT OF
13 v. ) DEFENDANT FIRENZE FINE
) ARTS, INC.’S, MOTION TO VACATE
14 FIRENZE FINE ARTS INC., S/O ) JUDGMENT
ALFRED BOUSKILA )
15 ) [Code Civ. Proc. §§ 1710.40, 473]
Defendants. ) DATE: March 21, 2017
16 ) TIME: 9:30 a.m.
) DEPT: 302
17 } RESERVATION # 02210321-01
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|, ALFRED BOUSKILA, declare:
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° 1. | am the president of Firenze Fine Arts, Inc. (“Firenze”), the defendant in
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: this action. | have personal knowledge of the facts contained in this declaration,
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except as to any matters stated on information and belief, and as to those matters, |
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am informed and believed them to be true. If called to testify | could and would
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competently testify as to the matters set forth below.
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2. Firenze is a California corporation that sells fine arts and home decor out
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of its sole retail location in San Francisco, California.
Law Offices of
ANDERSON & POOLE
AProfessionat Page 1
Corporation
601 California Street
a DECLARATION OF ALFRED BOUSKILA IN SUPPORT OF
San Francisco, CA
94108 DEFENDANT FIRENZE FINE ARTS, INC.’S MOTION TO VACATE JUDGMENT
(418) 956-64133. Most if not all of our sales occur in the San Francisco store.
a
2|| Occasionally a customer will request that an item be shipped. Firenze’s policy is to
3]| comply with this request where practicable, passing the shipping charges along to the
4]|/ customer.
5 4, These practices were followed in July 2011, when Plaintiff James M.
6]| Stein (“Stein”) walked into the store in San Francisco to browse the items on display.
7 || Stein examined several items and eventually purchased a table and a painting for
8]} $2,000.
9 5. Stein requested that the items be shipped to an address in Maryland.
10]] Shipping and crating increased the purchase price by $500, which Stein agreed to
11} pay.
12 6. Stein paid the total $2,500 the same day while in the San Francisco
13 ]| store.
14 7. No Firenze sales agent ever represented that the edging of the table was
15] made of 24-karat gold.
16 8. Firenze shipped the items to the Maryland address as requested.
17 9. Neither the sales agent nor Stein discussed any further purchases or
18 {| shipments. Accordingly, Firenze did not anticipate making any further shipments to
191] Stein.
20 10. Firenze does not currently own and has never owned property in
21 |} Maryland.
22 41. Firenze has never had and does not currently have a bank account in
23 | Maryland.
24 12. Firenze is not authorized to do business in Maryland and has never
25 || applied for such authorization.
26 13. Firenze has never directly advertised in Maryland markets.
Law Offices of
ANDERSON & POOLE
A Professional Page 2
Corporation
601 California Street
eure tot DECLARATION OF ALFRED BOUSKILA IN SUPPORT OF
San Fr isco, CA
ance DEFENDANT FIRENZE FINE ARTS, INC.'S MOTION TO VACATE JUDGMENT
(415) 956-6443211652017
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261.
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. Law Offices of
a & POOLE
Professional
. Corporation
401 Sailtormte ‘Strpet
‘Sule 1300
Son Franciaco, CA
aai08
(eteyase-6413,
1605 Anderson & Poole ANI 41 59568416 POs
14. No Firenze employee has ever traveled to Marytand for any purpose.
45. The two tems that are the subject of the sale giving rise to this lawsuit :
are the only items that Firenze has ever shipped to Maryland, ,
16. , On February 5, 2017, | was handed a stack of papers, a true and correct -
copy of which is attached hereto as Exhiblt A. They purport to consist of a summons
issued from a Maryland state court, a complaint for‘an action by Stein against Firenze
to be filed in that state court (the District Court of Maryland for Baltimore City), anda
Califomia judgment with notice of entry of said judgment.
17. ° Attached hereto as Exhibit B is a true and correct copy of a general ,
denial and the affirmative defenses that | have authorized my attorneys to file on my
behalf, should the Court vacate the judgment and order Firenze to respond to Stein's
unverified Complaint (assuming the action is not transferred fo the small-claims court
diviston), i ,
I declare under penalty of perjury of the laws of the State of California that the
foregoing is true and correct.
Dated: February (6, 2017 -
: ALFRED BOUSKILA
DECLARATION GF ALFRED BOUSTILA IN SUPPORT OF
DEFENDANT FIRENZE FINE ARTS, INC.’S NOTION TO VACATE JUDGMENTExhibit A"ATTORNEY OR PARTY WITHOUT ATTORNEY (Nanna one Adress); TELEPHONE Nox
|_ Richard H. Poulson (SBN: 178479) {510) 747-8034
Law Office of Richard H. Poulson
2233 Santa Clara Avenue, Suite 3
Alameda, California 94501
ATTORNEY FoR Nemo Jarmes M. Stein
nave oF court; Superior Court for the County of San Francisco
| ‘FOR GOURT USE ONLY
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|| street aoonsss; 400 McAllister St.
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maine Anorses: 400 McAllister St
cry ann 2p cope: San Francisco, California 94102
arancH name: Civic Center Courthouse
PLAINTIFF: James M. Stein
DEFENDANT: Firenze Fine Arts Inc
S/O Alfred Bouskila
‘CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT on sistersTaTe suncment | COPE 16-515324
. TO JUDGMENT DEBTOR (name): Firenze Fine Arts Inc
8/0 Alfred Bouskila 7
. YOU ARE NOTIFIED: 7
a. Upon application of the judgment creditor, a judgment against you has been enterad in this court as follows:
(1) Judgment creditor (name): James M. Stein
N
(2) Amount of judgment entered in this court: $ 5000.75
b. This judgmant was entered basad upon a sistar-state Judgment previously entered against you as faliows:
(1) Sister state (name): Maryland
(2) Sister-state court (name and location): District Court of Maryland for Baltimore City, 50] E. Fayette Street
Baltimore, Maryland 21202-4092
(@) Judgment entered in sister state on (date); April 19, 2013
(4) Title of case and case number (specify): James M, Stein v. Firenze Fine Arts nc S/O Alfred Bouskdla
Case No. 0101-4072-2012 :
3 A sister-state judgment has baan entered against you in a California court. Unless you file a motion to vacate
the judginent in this court within 30 DAYS after service of this notice, this judgment will be final.
This court may order that 2 writ of execution or other enforcement may issus. Your wages, money, and property
could be taken without further waming from the court,
if enforcement procedures have already been Issued, the property levied on will not be distributed until 30 days
after you are served with this notice.
Date: Peer Clerk, by MELANIA DE LUNA , Deputy
NOTICE TO THE PERSON SERVED: You are served
a. [2] as an Individual judgment debtor.
b. undar‘tha fictitlous name of (specify): Firenze Fine Arts Inc
[SEAL] 8/0 Alfred Bouskila
¢.[} on behait of (specify):
Under:
CCP 416.10 (corporation) [J cop 476.60-(minor)
CCP 416.20 (delunct corporation) {_] cop 416.70 (conservatae)
LJ cer 416.40 (assaciation or partnership) LJ cep 416.90 Gndividuel)
other:
(Proof of service on reverse)
Fenn Approved by tre NOTICE OF ENTRY OF JUDGMENT ON CoP reson, irrase
se eee SISTER-STATE JUDGMENT 7ATTORNEY OR PARTY WITHOUT ATTORNEY ¥ (Name, ‘address and talgphonn, 3}:
Richard H.Poulson os "610) 747.2084
2233 Santa Clera Avenus, Suita 3. Mook
Alaméda, California “84501:.
STATE BARNO!478479
ATTORNEY FOR (Nema): Jernes.M..Steirt.
SUPERIOR COURT OF CALIFORNIA, QUNTY OF
San Francisco
PETITIONGRPLAINTIPE-James M. Stein
RESPONDENT/DEFENDANT:
Firenze Fine Ars inc S/O’ Alfred Bouskila
. " JUDGMENT PURSUANT TO
CODE OF CIVIL PROCEDURE SECTION 1710.25
CPF YO=515324
Upon pplication of the Plaintiff to-the. Clerk of the Court for signet ‘and pursuant to, the Provislons of Seotion
1710,25 af the Code of Civil Procedure:
. JUDGMENT: 18 HEREBY ENTERED that Plintits) “
James MM. Stein .
Recover from the Defendant(s)
Firenze Fine Arts inc
S/O Alfred Bouskila
the following sum: :
Amount Unpaid on Sister State Judgment +” : 3,558.00
Accrued Interest on Sister'Staie Judgment. ° of : $ 4,217.75
Filing Fee for Evry of Sister State Juaginéit «= . 225.00
" TOTALJUDGMENT ENTERED § $,000.78
: GLERK-OF THE COURT
CF 27 61g
Date: oo : : : : By: MELANIA DE.LUNA
DEPUTY
~HUDGMENT PURSUANT TOGOP§ 1710.28
SepaDISTRICT COURT OF MARYLAND for Baltimore City
Located at 501 East Fayette St. Baltimore, Maryland 21202
WRIT OF SUMMONS
Filed t . 2013
Defendant: FIRENZE FINE ARTS INC Ree Dale : i 7 2o13
Serve On : FIRENZE FINE ARTS INC Case Number | 010100040722012
Address : S/O ALFRED BOUSKILA Complaint No. : 001
235 JEFFERSON ST ,
SAN FRANCISCO, CA 94133 Trial Date : Apr 19,2013
Trial Time =: 08:30am z
Trial Room : 04° ef
You are summoned to appear for trial at the date, time and location shown above. If you" intend to be present at the trial,
you must file the attached Notice of Intention to Defend within fifteen days of receiving this complaint: Failure to file the
Notice of Intention to Defend may result in @ Judgment by default or the granting. of the relief sought.
MUST BE SERVED BY Feb 15, 2013 LONNIE FERGUSON, Administrative Clerk / KC
on a
CUT HERE = 2 ene nen ree nate ee ten ene a ene een mare nee ee ee new ene n eens ene eeee —CUT HERE
NOTICE OF INTENTION TO DEFEND
Defendant: FIRENZE FINE ARTS INC Case # 010100040722012
Trial Date: Apr 19, 2013 Complaint# 001
Notice ; Ifyou contest the claim or any part thereof, you must complele this Notice of Intention to Defend and file with the
court listed at the top of this summons no later than 15 days after you receive this Summons and be present in court on
the trial date.lf you do not appear judgment by default or the rallef sought may be granted.
’ A caxporation may enter an appearance only by’an attorney except that an officer of the corporation may
appear on its behalf if the action is based on a claim that does not exceed $5,000.00, :
Any reasonable accommodation for persons with disabilities should be requested by contacting the court prior to wial.
Possession and use of cell Phones and other electronic devices may be limited or prohibited i in designated areas of the
court facility.
SEE ATTACHED NOTICE FOR IMPORTANT INFORMATION
{intend to be present at the trial of this claim and dernand proof of the Plaintiff's clalm.
Explanation of defense :
L 120 (. ) (
)
Date» Signature Work phone Wome Phone
TE yTStalelZip col
cet ~ (QA
( Gheck this box if this Is a new address. aeOR Baltimore City .
ee
408 5, Payee Stenet COMPLAINT 255,000 or under Claver $5,000 1 over $10,000
A.B) Bultimore, Maryland 21202 + Clerk; Please docket this case in an action of LJcontract El tort
Direplovin ( detinue Cbad faith Insurance claim
‘The panicufars of this case ere:
PLEASE SEB ATTACHED.
ee PARTIES.
Piso
JAMES M. STEIN
10 E. Les Street, # 504
Baltimare, Maryland 21202
‘ NR
ff Defeadentea): ‘Serve by:
* FIRENZE FINE ARTS, INC. ae :
s/o Alfred Bousiiln, Agent for Service of Process Blais
233 Jefferson Streat noe,
San Francisco, California 94133 Asse |
7 Fares te
Ocwnifies
Mail
Threats
Prom
Dicentsnle
Tistanit__})
L ‘Seva by: (Sec Continuetinn Shee)
Bee vez
. Contrachial %
Oe Peoria lane .
Eicon | Bel § 2,500.00" _pus'interest ofS and
- Scam atiomey’s foes of $1,000.00 _ plus eourt.couts.
eI Tleeéss | C) Retum of the propemy and damages ofS. :
ar, | | far its detention fa an action of replevin, .
: Proceso FiRetarn ofthe propery, or its valuo, plus damages of
Aes S ! __—___.-___— for ita detention in action of detinuc,
a Sk Dotter.
“ATTORNEYS ~\
Por Patatift- Nema Addoz, Telzbose Nember & Cade :
HUNTER C. PIEL, #10198 ‘ramen y Tamey Coie
LAW OFRICE OF HUNTER C, PIBL, LLC Signer's Address; 60 gin AY
600 Washington Avenue, Suite 300 Towson, Maryland TED
‘Towson, Maryland 21204 ‘Signer's Telephone Nuseber: (410) 823-1231
\ 7 Signer's Facsimile Number, if. (410) 823-B052 cL.
a Signer's Eamail 2 Address, ifany:, Cet al@pielavinncom
TILITARY SERVICE AFFIDA’
© Defendant(s). is/are in the military service,
- BINo Defendantis.in the milliory.service. The facts supportis this statement ore: Defendant is s corporate entity.
Ey Tam unable to detemmine whether Gr nr Ay Detendant i neailtney Service.
t cts
Ebstof ny knowledge eae ing Py that te Facts ond ators oe
OCA TON ane as fo lisbility
pi eae _ SREB en cane inck itclngte the. SMoURE ‘Stang
of any tote, ent upon which claim is bos
{aus 5 Elche Giese Clonee ren ditumen
5g Affidavit are truc and correct fo the
atten ‘0 apprise the Defendant clearly of the
ae jpacliaees IOI Gair tle een
iplor kor
1 Tom the elon —Fsga Rn gan apie ‘eay to
themes sine nis opi, which ae race SF PROTA EOWA RTS eR ROBES dap and owing by the Defendant to th
i {solemn aftr Ghee =o and upon petsonal knowledep that gif cakjents of | Ht lve ho ends tem
DCICV 1 (Font) (Rev. 72011) Bice oO Penge, EaNOTICE TO DEFENDANT BEFORE TRIAx
«Tf you agree that you ows the amount claimed, it may not be necessary for you 10 come to Court. Contact the Plaintiff if you wish ta make
payment. [If you are appearing in court on the trial date, bring letters, receipts, and contracts which may help you, If you need a witness, contact
the Clerk's office about e Summons to the witness.
NOTICE IF JUDGMENT IS ENTERED
If the Court awards Judgment in this case to the Plaintiff, you as the Judgment Debtor, may do several things before submitting payment to
satisfy the judgment. One is to appeal the decision to the circuit court sitting in that District, This is what's Involved in an APPEAL of a District
Court judgment— TE
1,30 DAYS—You would have 30 days from the day of en adverse judgment within which to note your appeal at the District Court and
there pay the higher court's filing fee. If you qualify as indigent, you may at thet time petition the District Court to walve the collection
of this fee,
2, TRANSCRIPT COSTS—If the amount which you were sued was $5,000 or less (not counting interest or attorney's fees), the clrewit
court would hear your appeal as an entirely new case from start to finish, Therefore, no transcripts from the District Court trial would
be necessary. If, however, this amount should exceed $5,000, the higher court would hear your appeal on the record of what transpired
in the District Court, That appesl requires a transcript of the District Court trial record, For information and costs to obtain a transcript
tefer to the Transcripts and Recordings brochure DCA 27 evailable at the clerk's office.
Another option after an adverse judgment is to filea MOTION FOR A NEW TRIAL.
1. 10 DAYS—You have 10 days from day of judgment to do this.
2. GRANT/DEN Y—If the Court grants your motion, you wil) receive a summons to a new trial,
he Jast options are to {Ye MOTIONS to cuange the JUDGMENT,
1. 10 DAYS for ALTERING or AMENDING the judgment.
2. 30 DAYS for REVISING the judgment,
Ifyou would not want to mave on any of these options, then you should make all possible arrangements with the Plaintiff or the
Plaintiif's attorney to pay the judgment amount. Should you uot do this, the Plaintiff could request the Court's enforcement powers.
These enforcement procedures include— .
1. INTERROGATORIES—This is au attempt to locate any assets you may have, This requires writteo answers.
2. ORAL EXAMINATLON—A nother attempt to locate any assets you may have. This requires your appearing in court to answer
questions. The Court backs up these plaintiff attempts at discovery by bringing its contempt powers to bear on an unresponsive
defendant. More stringent enforceruents you should know about includo—
3. WRIT OF EXECUTION—Suoh a writ could order the levying or seizure and sale of any of your goods, And you, in such a
circumstance, would bear the expenses of the seizure (e.g. towing, moving, storage fees, auctioncer's fecs, advertising costs).
Some of your goods are, by their nature, exempt from such action—
(8) Wearing apparel, books, tools, instruments, or appliances necessary for the practice of any trade or profession, except those kept for
sale, lease, or barter, in an amount not to exceed $5,000 in value.
(>) Money payable tn the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings.
This exemption includes but is not Jimited to money payable on account of judgments, arbitrations, compromises, insurance benefits,
compensation and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability
occurred,
(c) Professionelly prescribed health aids for you or any of your dependents.
(d) Your interest, not to exceed $1,000 in value, in household furnishings, household goods, wearing eppurel, appliances, books,
animals kept as pets, and other items that are held primarily for personal, family or household use by you or your dependents,
(e) Cesh or property of any kind equivalent in value to $6,000, if within 30 days from the date of the attachment or levy you elect 10
exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000.
(f}Money payable or paid in accordance with an agreement or court order for child support.
(g) Moncy payable or paid in accordance with an agreement or court order for alimony to the same extent that wages are exempt from,
attachment under § 15-601.1(6)(1)(it) or (2)(f) of the Commercial Law Article. .
(h) The debtor's beneficial interest in any trust property that is immune from the claims of the debtor's creditors under § 14-113 of the
Estates and Trusts Article.
(i) With respect to claims by @ separate creditor of a husband or wife, trust property that is immune froma the claims of the separate
creditors of the husband or wife under § 14-113 of the Estates and Trusts Artiole.
4, GARNISHMENT OF PROPERTY—Such a writ, attaching certain assets of yours in the hands of someone else, would order that other
party (e.g. bank holding your account, agent) to hold the asset subject 10 further court proceedings.
5. GARNISHMENT OF WAGES-—Such a writ would order your employer ta begin withholding from your wages the amount left over after
deducting what fs lawfully required and efter exempting money that may not be gamished.
Exemptions from gamishment—
(1) the greater of: (a) 75 percent of the disposable wages due; OR (b) 30 times the federal minimum hourly wages under the Fair Labor
Standards Act in effect at the time the wages are due; AND (2) any medical insurance payment deducted from an employee’s wages by
the employer. Other federal exemptions may be available, Disposable wages means the part of wages that remain after deduction of any
amount required to be withheld by Jaw. Finally, should you become the Judgment Debtor you should mow that judgment is publie
information and enyone may request a‘copy of it.
To Plaintiff If the Court enters a judgment for a sum certain, you havea right to obtain a lien on real property.
DCICY 1 (back) (Rev. 7/2011)IN THE DISTRICT COURT OF MARYLAND FOR BALTIMORE CITY
JAMES M. STEIN, =
10 E. Lee Street, #904
Baltimore, Maryland 21202
*
Plaintiff, 7
v. ; 7 Case No.:
FIRENZE FINE ARTS, INC., *
235 Jefferson Street
San Francisco, California 94133 7
Serve On: Alfred Bouskila, Agent for Service of
Process *
Defendant. +
* + * ae * 2 + = * i * *
COMPLAINT
Plaintiff, James M. Stein (the “Plaintiff”), by his undersigned counsel, hereby sues the
Defendant, Firenze Fine Arts, Inc., and for his causes of action states as follows:
PARTIES
L Plaintiff is a resident of Baltimore City, Maryland.
2. Defendant, Firenze Fine Arts, Inc, (the “Defendant”), is a California corporation that
sells furniture and home décor and that conducts business in Baltimore City, Maryland.
FACTS SIGNIFICANT TO. ALL COUNTS
3. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-2 of
this Complaint (“Complaint”) as if fully set forth herein.
4. On or about July 27, 2011, Plaintiff purchased from Defendant a coffee table with
marble top and a painting (collectively, the “Merchandise”) for a total of $2,500.00. Copies of aninvoice and payment receipt evidencing the purchase of the Merchandise are collectively attached
hereto as Exhibit A and incorporated herein.
5. In order to induce Plaintiff to purchase the Merchandise, Defendant represented, iner
alia, to Plaintiff that: (i) despite the contents of the invoice for the Merchandise, the price for the
coffee table was $2,500.00 and shipping and the painting were free; (ii) the original price of the
coffee table was $11,500.00 and the coffee table was edged in 24k gold; and (iii) the Merchandise
would be delivered undamaged and contain all parts.
6. On or about August |1,2011, the Merchandise arrived at Plaintiff's residence without
the marble top for the coffee table and was significantly damaged. Further, upon arrival, Plaintiif
discovered that the gold edging on the coffee table was gold colored paint, not 24k gold.
7. Despite repeated demands by Plaintiff to Defendant to remedy Defendant’s
mistepresentations, missing and damaged Merchandise and Plaintiff's damages as a result,
Defendant failed and refused and continues to fail and refuse to do so.
COUNTI
(Violations of Maryland Consumer Protection Statutes)
8. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-7 of
this Complaint as if fully set forth herein.
9. The actions and representations of the Defendant described above constitute unfair
and defective trade practices within the meaning of Md. Comm. Law Code Ann. §§ 13-101, ef seg.
and Md. Comm, Law Cade Ann, §§ 14-1801, ef seg.
10, Asaresult of Defendant’s unfaix and deceptive trade practices, Plaintiff was damaged
in the amount of $2,500.00,
1}. Pursuant to Md, Comm. Code Ann, §§ 13-408 and 14-1805, Plaintiff is entitled to
2recover his reasonable attorney’s fees incurred in connection with this matter.
WHEREFORE, Plaintiff, James M. Stein, prays that a judgment be entered in favor of the
Plaintiff and against the Defendant, Firenze Fine Arts, Inc., ia the amount of $2,500.00, plus
attomey’s fees in the amount of $1,000.00, post-judgment interest, costs and such other further relief
that this Honorable Court deems proper and just.
COUNT IT
(Negligent Misrepresentation)
12, Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-11
of this Complaint as if fully set forth herein.
13. The following statements from Defendant to Plaintiff constitute false representations of
matorial fact:
a. That the coffee table was edged in 24k gold;
b. That the original cost of the coffee table was $11,500.00;
c, That the Merchandise would be delivered with all parts and undamaged: and
d. That the actual price for the Merchandise was $2,500.00 for the coffec table and the
painting and shipping were free.
14. Defendant knew or should have known its representations to Plaintiff were false when
made,
15. Defendant was desirous of inducing Plaintiff to purchase the Merchandise even though
Defendant knew or should have known that the representations made to induce Plaintiff to do so were
false.
16. The Plaintiff was justified in his reliance on Defendant's misrepresentations-
17. As aresult of Defendant’s negligent misrepresentations, Plaintiff was damaged in the
3amount of $2,500.00.
WHEREFORE, Plaintiff, James M. Stein, prays that a judgment be entered in favor of the
Plaintiff and against the Defendant, Firenze Fine Arts, Inc., in the amount of $2,500.00, plus post-
judgment interest, costs and such other further relief that this Honorable Court deems proper and
just.
COUNT.
(Negligence)
18. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-17
of this Complaint as if fully set forth herein.
"19. Defendant owed a duty of care to Plaintiff to deliver the Merchandise to the Plaintiff
undamaged and with all parts.
20, Defendant breached its duty to Plaintiff by delivering the Merchandise without all parts
and in a damaged condition.
21. Asa direct and proximate result of Defendant’s negligence, Plaintiff was damaged in
the amount of $2,500.00.
WHEREFORE, Plaintiff, Janes M. Stein, prays that ajudgruent be entered in favor of
the Plaintiff and against the Defendant, Firenze Fine Arts, Inc., in the amount of $2,500.00, plus
post-judgment interest, costs and such other further relief that this Honorable Court deems proper
and just.
COUNT IV
(Unjust Exrichment)
22. Plaintiff incorporates by reference n all of the allegations contained in paragraphs 1-21
of this Complaint as if fully set forth herein.23. Defendant received, with full knowledge and appreciation, the entire purchase price of
the Merchandise without providing the Merchandise to Plaintiff as represented,
24. — Defendant’s retention of the purchase price of the Merchandise is inequitable.
WHEREFORE, Plaintiff, James M. Stein, prays that a judgment be entered in favor of the
Plaintiff and against the Defendant, Firenze Fine Arts, Inc., in the amount of $2,500.00, plus post-
judgment interest, costs and such other further relief that this Honorable Court deems proper and
just.
HM
HUNTER C. PIEL
LAW OFFICE OF HUNTER C. PIEL, LLC
600 Washington Avenue, Suite 300
Towson, Maryland 21204
Telephone: (410) 823-1881
Facsimile: (410) 823-8032
Counsel for Plaintiff, James M. SteinEXHIBIT A«
7 : bare: “7, ‘39 7 / { [ INVOICE
FIRENZE FINE ARTS INC, [ens A 6443
James iM + [Cw
San rari, CA 94133 agate Lb, St_Ar at
Phi: 415.563.301 ony Mane Quy Mar: [Z09
eee erie om HOME: Bane BUSINESS PHONE We ¢ 29 ip
‘es
NUMBER DESCRIPTION AMOUNT
(i2n Aika we io. Ape \ aN
Fern Tet AUN TE Veen AG
/EQ
Pree eee
oS
al
SAA CRASH
C
Te dida dom!
UL Liehege ign
He HE Ble Gf 5 - G0 aF
Mg
E TE
Di ta DAK, TO S70 6G 7d
Evins lade. BAG aap! 7 SOB OTA
| 7 TAX
TOTAL
o>» fn
GAY VICK Cand E99 —~
- ALL SALES FINAL, NO REFUNDS, EXCHANGE WITHIN 7 DAYS SHIPPING AND HANDLING FEE NON REFUNDABLE. 20% RESTOCKING FEE.
ABSOLUTELY NO CANGELLATION ON ALL LAST ITEMS, GI Apa
ABOVE STORE POLICY.
CUSTOMER SIGNATURE AND ACCEPTANCE _
AND SPECIAL ORDERS, BY SIGNING BELOW | HEREBY AGREE TO THE
VORHIST
cise Ct
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ATTORNEY OR PARTY vaATHOUT 3
| “Deborah Goodman, Esq, Sbasiess9 ee To
Anderson & Poole
601 California Street, Ste. 1300
San Francisco, CA 94108
TELEPHONENO: 415-956-6413 FAX NO. (Optioney: 415-956-6416
E-mail ADDRESS (Optionay: dgoodman@adplaw.com
aTrorNey FoR wane, Defendant Firenze Fine Arts, Inc
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street acoress: 400 McAllister Street
MAILING ADDRESS:
enyanpzecove: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFFIPETITIONER: James M. Stein
DEFENDANT/RESPONDENT: Firenze Fine Arts Inc.
‘CASE NUMBER::
GENERAL DENIAL CPF-16-515324
If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property
involved is $1,000 or less.
You MAY use this form for a general denial if:
1, The complaint is not verified; or
2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),
BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection.
(See Cade of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40.)
1. DEFENDANT (name): FIRENZE FINE ARTS, INC,
generally denies each and every allegation of plaintiffs complaint.
DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additional
pages if necessary):
Sce Attachment 2
Date: February __, 2017
Deborah Goodman >
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
IF you have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading
called a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 426. 10—426.40.)
The original of this General Deniaf must be filed with the clerk of this court with proof that a copy was served on each plaintiffs
attorney and on each plaintiff not represented by an attorney, There are two main ways to serve this General Denial: by personal
delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be sure
that whoever serves the General Denial fills out and signs a proof of service. You may use the applicable Judicial Council form (such
as form POS-020, POS-030, or POS-040) for the proof of service.
Page tert
Code of Civil Procadure, §§ 431,30, 431.40
Fomn Adoaled er Mendy Usa
‘udeal Counel of Calva GENERAL DENIAL ‘win courinfo.ca.gov
PLD-050 [Rev. January 1, 2099)=
oOo ON DOO F&F wD LH
Law Offices of
ANDERSON & POOLE
‘A Professional
Corporation
601 California Street
‘Suite 1300
San Francisco, CA
94108
(415) 956-6413
STEIN V. FIRENZA FINE ARTS INC,
San Francisco Superior Court Case No. CPF 16-515324
ATTACHMENT 2
FIRST AFFIRMATIVE DEFENSE
(Failure to State Cause of Action)
As a first affirmative defense to the Complaint/Judgment, this answering
Defendant alleges that Plaintiff fails to state facts sufficient to constitute a cause of
action.
SECOND AFFIRMATIVE DEFENSE
(Estoppel)
As a second affirmative defense to the Complaint, this answering Defendant
relied on Plaintiffs conduct to Defendant’s detriment. Therefore, Plaintiff's complaint is
barred by the doctrine of estoppel.
THIRD AFFIRMATIVE DEFENSE
(Unclean Hands)
As a third affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is barred by the doctrine of unclean hands.
FOURTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)
As a fourth affirmative defense to the Complaint, this answering Defendant
alleges Plaintiff failed to mitigate his damages.
FIFTH AFFIRMATIVE DEFENSE
(Setoff)
As a fifth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's recovery, if any, must be reduced by sums Plaintiff's owe
Defendant or Plaintiff received from third parties to compensate him for the harm
alleged in Plaintiff's Complaint.
ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIALoo Oo ON OH RF &Y ND
Law Offices of
ANDERSON & POOLE
‘A Professional
Gorporation
604 California Stroet
Suite 1300
San Francisco, CA
94108
(418) 956-6413
SIXTH AFFIRMATIVE DEFENSE
(Non-Occurrence of Conditions Precedent)
As a sixth affirmative defense to the Complaint, this answering Defendant
alleges a condition precedent to Defendant's performance have not been satisfied or
otherwise excused. Therefore, no performance by Defendant is due at this time.
SEVENTH AFFIRMATIVE DEFENSE
(Waiver)
As a seventh affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff waived his right to the remedy sought in the Complaint or to
Defendant's further performance.
EIGHTH AFFIRMATIVE DEFENSE
(Unenforceable Provisions)
As an eighth affirmative defense to the Complaint, this answering Defendant
alleges the contract is unenforceable as contrary to the law.
NINTH AFFIRMATIVE DEFENSE
(Novation)
As a ninth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is barred by the doctrine of Novation.
TENTH AFFIRMATIVE DEFENSE
(Accord and Satisfaction)
As a tenth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is barred by the doctrine of Accord and Satisfaction.
ELEVENTH AFFIRMATIVE DEFENSE
(Frustration of Purpose)
As an eleventh affirmative defense to the Complaint, this answering Defendant
alleges that the purpose for the party's agreement has been frustrated, excusing
Defendant’s further performance.
ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIALLaw Offices of
oO Oo ON DO oO F&F WwW ND
N NM NM NY NY NY BSB SB B&B Ba Ba a ae am em on
ao FB Oo YD = OD oO ON OD aA ROD
26
ANDERSON & POOLE
‘AProfessional
Corporation
601 California Street
Suite 1300
San Francisco, CA
34108
(415) 956-6413
TWELFTH AFFIRMATIVE DEFENSE
(Modification)
As a twelfth affirmative defense to the Complaint, this answering Defendant
alleges that the contract on which this action is based was modified orally or in writing.
THIRTEENTH AFFIRMATIVE DEFENSE
(Plaintiff's Breach)
As a thirteenth affirmative defense to the Complaint, this answering Defendant
alleges that Defendant's further performance is excused by Plaintiff's breach.
FOURTEENTH AFFIRMATIVE DEFENSE
(Statute of Limitations)
As a fourteenth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is barred by the applicable statutes of limitation,
including California Code of Civil Procedure sections 337, 338, 339, and 343, and
Commercial Code section 2725.
FIFTEENTH AFFIRMATIVE DEFENSE
(Unjust Enrichment)
As a fifteenth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff would be unjustly enriched if he was to recover on his Complaint.
SIXTEENTH AFFIRMATIVE DEFENSE
(Laches)
As a sixteenth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is barred by the doctrine of laches.
SEVENTEETH AFFIRMATIVE DEFENSE
(Mistake)
As a seventeenth affirmative defense to the Complaint, this answering
Defendant alleges that a mutual or unilateral mistake renders the contract
unenforceable.
ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIAL=
oO MON ODO HM BR WN
Law Offices of
ANDERSON & POOLE
A Professtonal
Corporation
601 California Street
Suite 1300
San Francisco, CA
94108
(415) 956-6413
EIGHTEENTH AFFIRMATIVE DEFENSE
(Unconscionability)
As an eighteenth affirmative defense to the Complaint, this answering
Defendant alleges that Plaintiffs Complaint is barred by the doctrine of
unconscionability.
NINETEENTH AFFIRMATIVE DEFENSE
(Lack of prosecution)
As a nineteenth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is subject to dismissal for lack of prosecution, and
such dismissal is particularly appropriate as to this answering Defendant was not
served by a court having jurisdiction over the Defendant until long after the
commencement of the action, despite Plaintiff's actual knowledge of the identity of this
Defendant.
TWENTIETH AFFIRMATIVE DEFENSE
(Failure to Verify Complaint)
As a twentieth affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiffs Complaint is barred because Plaintiff failed to file a claim under
oath as required by Code of Civil Procedure section 116.320.
TWENTY-FIRST AFFIRMATIVE DEFENSE
(Adequate Remedy at Law)
As a twenty-first affirmative defense to the Complaint, this answering Defendant
alleges that Plaintiff's Complaint is barred to the extent it seeks equitable relief
because Plaintiff has an adequate remedy at law.
TWENTY-SECOND AFFIRMATIVE DEFENSE
(Consent)
As a twenty-second affirmative defense to the Complaint, this answering
Defendant alleges that Plaintiff's Complaint is barred because Plaintiff consented to
ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIAL=
oOo ON DO OH FF WN
Law Offices of
ANDERSON & POOLE
A Professional
Corporation
604 California Street
Sulte 1300
San Francisco, CA
s4toa
(415) 956-6413
and approved all the acts and omissions about which Plaintiff now complains.
TWENTY-THIRD AFFIRMATIVE DEFENSE
(Election of Remedies)
As a twenty-third affirmative defense to the Complaint, this answering
Defendant alleges that Plaintiff's Complaint is barred and precluded by reason of the
doctrine of election of remedies.
TWENTY-FOURTH AFFIRMATIVE DEFENSE
(Privilege)
As a twenty-fourth affirmative defense to the Complaint, this answering
Defendant alleges that Plaintiff's Complaint is barred because this answering
Defendant was privileged and justified by statute and common law in acting as
Defendant did and in making the statements and representations Defendant made to
the persons to whom the statements and representations were made.
RESERVATION OF RIGHTS
Defendant reserves the right to assert additional affirmative defenses to the
Complaint, shouid the existence of such defenses become ascertained prior to the trial
of this action.
WHEREFORE, this Defendant prays for judgment in favor of defendant and
against Plaintiff as follows:
1. That Plaintiff take nothing by his Complaint against this Defendant;
2. That Defendant be awarded his costs; and
3. Such other and further relief as the court may deem just and proper.
DATED: February __, 2017 ANDERSON & POOLE, P.C.
By:
Edward G. Poole
Deborah L. Goodman
Attorney for Defendant
FIRENZE FINE ARTS, INC.
ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIAL
Preview
1 || EDWARD G. POOLE, ESQ. (SBN 120976) ELECTRONICALLY epoole@adplaw.com FILED DEBORAH G. GOODMAN (SBN 276259) Sagotal Coald decaanicnia ANDERSON & POOLE | para anie , PC. 601 California Street, Suite 1300 Oa becin San Francisco, CA 94108-2818 oan Cane. Telephone: (415) 956-6413 ee Facsimile: (415) 956-6416 Firenze Fine Arts, Inc. 2 3 4 5 6 || Attorneys for Defendant 7 8 SUPERIOR COURT OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 0 1 JAMES M. STEIN, CASE NO. CPF-16-515324 ) ) 12 Plaintiffs, ) DECLARATION OF ALFRED ) BOUSKILA IN SUPPORT OF 13 v. ) DEFENDANT FIRENZE FINE ) ARTS, INC.’S, MOTION TO VACATE 14 FIRENZE FINE ARTS INC., S/O ) JUDGMENT ALFRED BOUSKILA ) 15 ) [Code Civ. Proc. §§ 1710.40, 473] Defendants. ) DATE: March 21, 2017 16 ) TIME: 9:30 a.m. ) DEPT: 302 17 } RESERVATION # 02210321-01 18 19 |, ALFRED BOUSKILA, declare: 2 ° 1. | am the president of Firenze Fine Arts, Inc. (“Firenze”), the defendant in 2 : this action. | have personal knowledge of the facts contained in this declaration, 22 except as to any matters stated on information and belief, and as to those matters, | 23 am informed and believed them to be true. If called to testify | could and would 24 7 competently testify as to the matters set forth below. 25 : : ae 5 2. Firenze is a California corporation that sells fine arts and home decor out 26 : . ace . ae of its sole retail location in San Francisco, California. Law Offices of ANDERSON & POOLE AProfessionat Page 1 Corporation 601 California Street a DECLARATION OF ALFRED BOUSKILA IN SUPPORT OF San Francisco, CA 94108 DEFENDANT FIRENZE FINE ARTS, INC.’S MOTION TO VACATE JUDGMENT (418) 956-64133. Most if not all of our sales occur in the San Francisco store. a 2|| Occasionally a customer will request that an item be shipped. Firenze’s policy is to 3]| comply with this request where practicable, passing the shipping charges along to the 4]|/ customer. 5 4, These practices were followed in July 2011, when Plaintiff James M. 6]| Stein (“Stein”) walked into the store in San Francisco to browse the items on display. 7 || Stein examined several items and eventually purchased a table and a painting for 8]} $2,000. 9 5. Stein requested that the items be shipped to an address in Maryland. 10]] Shipping and crating increased the purchase price by $500, which Stein agreed to 11} pay. 12 6. Stein paid the total $2,500 the same day while in the San Francisco 13 ]| store. 14 7. No Firenze sales agent ever represented that the edging of the table was 15] made of 24-karat gold. 16 8. Firenze shipped the items to the Maryland address as requested. 17 9. Neither the sales agent nor Stein discussed any further purchases or 18 {| shipments. Accordingly, Firenze did not anticipate making any further shipments to 191] Stein. 20 10. Firenze does not currently own and has never owned property in 21 |} Maryland. 22 41. Firenze has never had and does not currently have a bank account in 23 | Maryland. 24 12. Firenze is not authorized to do business in Maryland and has never 25 || applied for such authorization. 26 13. Firenze has never directly advertised in Maryland markets. Law Offices of ANDERSON & POOLE A Professional Page 2 Corporation 601 California Street eure tot DECLARATION OF ALFRED BOUSKILA IN SUPPORT OF San Fr isco, CA ance DEFENDANT FIRENZE FINE ARTS, INC.'S MOTION TO VACATE JUDGMENT (415) 956-6443211652017 4 2 3 4 5 6 7 8 9 10 uW 12 43 14 45 16 7 18 19 20 21 22 23 24 261. 26 . Law Offices of a & POOLE Professional . Corporation 401 Sailtormte ‘Strpet ‘Sule 1300 Son Franciaco, CA aai08 (eteyase-6413, 1605 Anderson & Poole ANI 41 59568416 POs 14. No Firenze employee has ever traveled to Marytand for any purpose. 45. The two tems that are the subject of the sale giving rise to this lawsuit : are the only items that Firenze has ever shipped to Maryland, , 16. , On February 5, 2017, | was handed a stack of papers, a true and correct - copy of which is attached hereto as Exhiblt A. They purport to consist of a summons issued from a Maryland state court, a complaint for‘an action by Stein against Firenze to be filed in that state court (the District Court of Maryland for Baltimore City), anda Califomia judgment with notice of entry of said judgment. 17. ° Attached hereto as Exhibit B is a true and correct copy of a general , denial and the affirmative defenses that | have authorized my attorneys to file on my behalf, should the Court vacate the judgment and order Firenze to respond to Stein's unverified Complaint (assuming the action is not transferred fo the small-claims court diviston), i , I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dated: February (6, 2017 - : ALFRED BOUSKILA DECLARATION GF ALFRED BOUSTILA IN SUPPORT OF DEFENDANT FIRENZE FINE ARTS, INC.’S NOTION TO VACATE JUDGMENTExhibit A"ATTORNEY OR PARTY WITHOUT ATTORNEY (Nanna one Adress); TELEPHONE Nox |_ Richard H. Poulson (SBN: 178479) {510) 747-8034 Law Office of Richard H. Poulson 2233 Santa Clara Avenue, Suite 3 Alameda, California 94501 ATTORNEY FoR Nemo Jarmes M. Stein nave oF court; Superior Court for the County of San Francisco | ‘FOR GOURT USE ONLY / | | | | | || street aoonsss; 400 McAllister St. 1 i 1 | | | | maine Anorses: 400 McAllister St cry ann 2p cope: San Francisco, California 94102 arancH name: Civic Center Courthouse PLAINTIFF: James M. Stein DEFENDANT: Firenze Fine Arts Inc S/O Alfred Bouskila ‘CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT on sistersTaTe suncment | COPE 16-515324 . TO JUDGMENT DEBTOR (name): Firenze Fine Arts Inc 8/0 Alfred Bouskila 7 . YOU ARE NOTIFIED: 7 a. Upon application of the judgment creditor, a judgment against you has been enterad in this court as follows: (1) Judgment creditor (name): James M. Stein N (2) Amount of judgment entered in this court: $ 5000.75 b. This judgmant was entered basad upon a sistar-state Judgment previously entered against you as faliows: (1) Sister state (name): Maryland (2) Sister-state court (name and location): District Court of Maryland for Baltimore City, 50] E. Fayette Street Baltimore, Maryland 21202-4092 (@) Judgment entered in sister state on (date); April 19, 2013 (4) Title of case and case number (specify): James M, Stein v. Firenze Fine Arts nc S/O Alfred Bouskdla Case No. 0101-4072-2012 : 3 A sister-state judgment has baan entered against you in a California court. Unless you file a motion to vacate the judginent in this court within 30 DAYS after service of this notice, this judgment will be final. This court may order that 2 writ of execution or other enforcement may issus. Your wages, money, and property could be taken without further waming from the court, if enforcement procedures have already been Issued, the property levied on will not be distributed until 30 days after you are served with this notice. Date: Peer Clerk, by MELANIA DE LUNA , Deputy NOTICE TO THE PERSON SERVED: You are served a. [2] as an Individual judgment debtor. b. undar‘tha fictitlous name of (specify): Firenze Fine Arts Inc [SEAL] 8/0 Alfred Bouskila ¢.[} on behait of (specify): Under: CCP 416.10 (corporation) [J cop 476.60-(minor) CCP 416.20 (delunct corporation) {_] cop 416.70 (conservatae) LJ cer 416.40 (assaciation or partnership) LJ cep 416.90 Gndividuel) other: (Proof of service on reverse) Fenn Approved by tre NOTICE OF ENTRY OF JUDGMENT ON CoP reson, irrase se eee SISTER-STATE JUDGMENT 7ATTORNEY OR PARTY WITHOUT ATTORNEY ¥ (Name, ‘address and talgphonn, 3}: Richard H.Poulson os "610) 747.2084 2233 Santa Clera Avenus, Suita 3. Mook Alaméda, California “84501:. STATE BARNO!478479 ATTORNEY FOR (Nema): Jernes.M..Steirt. SUPERIOR COURT OF CALIFORNIA, QUNTY OF San Francisco PETITIONGRPLAINTIPE-James M. Stein RESPONDENT/DEFENDANT: Firenze Fine Ars inc S/O’ Alfred Bouskila . " JUDGMENT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1710.25 CPF YO=515324 Upon pplication of the Plaintiff to-the. Clerk of the Court for signet ‘and pursuant to, the Provislons of Seotion 1710,25 af the Code of Civil Procedure: . JUDGMENT: 18 HEREBY ENTERED that Plintits) “ James MM. Stein . Recover from the Defendant(s) Firenze Fine Arts inc S/O Alfred Bouskila the following sum: : Amount Unpaid on Sister State Judgment +” : 3,558.00 Accrued Interest on Sister'Staie Judgment. ° of : $ 4,217.75 Filing Fee for Evry of Sister State Juaginéit «= . 225.00 " TOTALJUDGMENT ENTERED § $,000.78 : GLERK-OF THE COURT CF 27 61g Date: oo : : : : By: MELANIA DE.LUNA DEPUTY ~HUDGMENT PURSUANT TOGOP§ 1710.28 SepaDISTRICT COURT OF MARYLAND for Baltimore City Located at 501 East Fayette St. Baltimore, Maryland 21202 WRIT OF SUMMONS Filed t . 2013 Defendant: FIRENZE FINE ARTS INC Ree Dale : i 7 2o13 Serve On : FIRENZE FINE ARTS INC Case Number | 010100040722012 Address : S/O ALFRED BOUSKILA Complaint No. : 001 235 JEFFERSON ST , SAN FRANCISCO, CA 94133 Trial Date : Apr 19,2013 Trial Time =: 08:30am z Trial Room : 04° ef You are summoned to appear for trial at the date, time and location shown above. If you" intend to be present at the trial, you must file the attached Notice of Intention to Defend within fifteen days of receiving this complaint: Failure to file the Notice of Intention to Defend may result in @ Judgment by default or the granting. of the relief sought. MUST BE SERVED BY Feb 15, 2013 LONNIE FERGUSON, Administrative Clerk / KC on a CUT HERE = 2 ene nen ree nate ee ten ene a ene een mare nee ee ee new ene n eens ene eeee —CUT HERE NOTICE OF INTENTION TO DEFEND Defendant: FIRENZE FINE ARTS INC Case # 010100040722012 Trial Date: Apr 19, 2013 Complaint# 001 Notice ; Ifyou contest the claim or any part thereof, you must complele this Notice of Intention to Defend and file with the court listed at the top of this summons no later than 15 days after you receive this Summons and be present in court on the trial date.lf you do not appear judgment by default or the rallef sought may be granted. ’ A caxporation may enter an appearance only by’an attorney except that an officer of the corporation may appear on its behalf if the action is based on a claim that does not exceed $5,000.00, : Any reasonable accommodation for persons with disabilities should be requested by contacting the court prior to wial. Possession and use of cell Phones and other electronic devices may be limited or prohibited i in designated areas of the court facility. SEE ATTACHED NOTICE FOR IMPORTANT INFORMATION {intend to be present at the trial of this claim and dernand proof of the Plaintiff's clalm. Explanation of defense : L 120 (. ) ( ) Date» Signature Work phone Wome Phone TE yTStalelZip col cet ~ (QA ( Gheck this box if this Is a new address. aeOR Baltimore City . ee 408 5, Payee Stenet COMPLAINT 255,000 or under Claver $5,000 1 over $10,000 A.B) Bultimore, Maryland 21202 + Clerk; Please docket this case in an action of LJcontract El tort Direplovin ( detinue Cbad faith Insurance claim ‘The panicufars of this case ere: PLEASE SEB ATTACHED. ee PARTIES. Piso JAMES M. STEIN 10 E. Les Street, # 504 Baltimare, Maryland 21202 ‘ NR ff Defeadentea): ‘Serve by: * FIRENZE FINE ARTS, INC. ae : s/o Alfred Bousiiln, Agent for Service of Process Blais 233 Jefferson Streat noe, San Francisco, California 94133 Asse | 7 Fares te Ocwnifies Mail Threats Prom Dicentsnle Tistanit__}) L ‘Seva by: (Sec Continuetinn Shee) Bee vez . Contrachial % Oe Peoria lane . Eicon | Bel § 2,500.00" _pus'interest ofS and - Scam atiomey’s foes of $1,000.00 _ plus eourt.couts. eI Tleeéss | C) Retum of the propemy and damages ofS. : ar, | | far its detention fa an action of replevin, . : Proceso FiRetarn ofthe propery, or its valuo, plus damages of Aes S ! __—___.-___— for ita detention in action of detinuc, a Sk Dotter. “ATTORNEYS ~\ Por Patatift- Nema Addoz, Telzbose Nember & Cade : HUNTER C. PIEL, #10198 ‘ramen y Tamey Coie LAW OFRICE OF HUNTER C, PIBL, LLC Signer's Address; 60 gin AY 600 Washington Avenue, Suite 300 Towson, Maryland TED ‘Towson, Maryland 21204 ‘Signer's Telephone Nuseber: (410) 823-1231 \ 7 Signer's Facsimile Number, if. (410) 823-B052 cL. a Signer's Eamail 2 Address, ifany:, Cet al@pielavinncom TILITARY SERVICE AFFIDA’ © Defendant(s). is/are in the military service, - BINo Defendantis.in the milliory.service. The facts supportis this statement ore: Defendant is s corporate entity. Ey Tam unable to detemmine whether Gr nr Ay Detendant i neailtney Service. t cts Ebstof ny knowledge eae ing Py that te Facts ond ators oe OCA TON ane as fo lisbility pi eae _ SREB en cane inck itclngte the. SMoURE ‘Stang of any tote, ent upon which claim is bos {aus 5 Elche Giese Clonee ren ditumen 5g Affidavit are truc and correct fo the atten ‘0 apprise the Defendant clearly of the ae jpacliaees IOI Gair tle een iplor kor 1 Tom the elon —Fsga Rn gan apie ‘eay to themes sine nis opi, which ae race SF PROTA EOWA RTS eR ROBES dap and owing by the Defendant to th i {solemn aftr Ghee =o and upon petsonal knowledep that gif cakjents of | Ht lve ho ends tem DCICV 1 (Font) (Rev. 72011) Bice oO Penge, EaNOTICE TO DEFENDANT BEFORE TRIAx «Tf you agree that you ows the amount claimed, it may not be necessary for you 10 come to Court. Contact the Plaintiff if you wish ta make payment. [If you are appearing in court on the trial date, bring letters, receipts, and contracts which may help you, If you need a witness, contact the Clerk's office about e Summons to the witness. NOTICE IF JUDGMENT IS ENTERED If the Court awards Judgment in this case to the Plaintiff, you as the Judgment Debtor, may do several things before submitting payment to satisfy the judgment. One is to appeal the decision to the circuit court sitting in that District, This is what's Involved in an APPEAL of a District Court judgment— TE 1,30 DAYS—You would have 30 days from the day of en adverse judgment within which to note your appeal at the District Court and there pay the higher court's filing fee. If you qualify as indigent, you may at thet time petition the District Court to walve the collection of this fee, 2, TRANSCRIPT COSTS—If the amount which you were sued was $5,000 or less (not counting interest or attorney's fees), the clrewit court would hear your appeal as an entirely new case from start to finish, Therefore, no transcripts from the District Court trial would be necessary. If, however, this amount should exceed $5,000, the higher court would hear your appeal on the record of what transpired in the District Court, That appesl requires a transcript of the District Court trial record, For information and costs to obtain a transcript tefer to the Transcripts and Recordings brochure DCA 27 evailable at the clerk's office. Another option after an adverse judgment is to filea MOTION FOR A NEW TRIAL. 1. 10 DAYS—You have 10 days from day of judgment to do this. 2. GRANT/DEN Y—If the Court grants your motion, you wil) receive a summons to a new trial, he Jast options are to {Ye MOTIONS to cuange the JUDGMENT, 1. 10 DAYS for ALTERING or AMENDING the judgment. 2. 30 DAYS for REVISING the judgment, Ifyou would not want to mave on any of these options, then you should make all possible arrangements with the Plaintiff or the Plaintiif's attorney to pay the judgment amount. Should you uot do this, the Plaintiff could request the Court's enforcement powers. These enforcement procedures include— . 1. INTERROGATORIES—This is au attempt to locate any assets you may have, This requires writteo answers. 2. ORAL EXAMINATLON—A nother attempt to locate any assets you may have. This requires your appearing in court to answer questions. The Court backs up these plaintiff attempts at discovery by bringing its contempt powers to bear on an unresponsive defendant. More stringent enforceruents you should know about includo— 3. WRIT OF EXECUTION—Suoh a writ could order the levying or seizure and sale of any of your goods, And you, in such a circumstance, would bear the expenses of the seizure (e.g. towing, moving, storage fees, auctioncer's fecs, advertising costs). Some of your goods are, by their nature, exempt from such action— (8) Wearing apparel, books, tools, instruments, or appliances necessary for the practice of any trade or profession, except those kept for sale, lease, or barter, in an amount not to exceed $5,000 in value. (>) Money payable tn the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings. This exemption includes but is not Jimited to money payable on account of judgments, arbitrations, compromises, insurance benefits, compensation and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability occurred, (c) Professionelly prescribed health aids for you or any of your dependents. (d) Your interest, not to exceed $1,000 in value, in household furnishings, household goods, wearing eppurel, appliances, books, animals kept as pets, and other items that are held primarily for personal, family or household use by you or your dependents, (e) Cesh or property of any kind equivalent in value to $6,000, if within 30 days from the date of the attachment or levy you elect 10 exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000. (f}Money payable or paid in accordance with an agreement or court order for child support. (g) Moncy payable or paid in accordance with an agreement or court order for alimony to the same extent that wages are exempt from, attachment under § 15-601.1(6)(1)(it) or (2)(f) of the Commercial Law Article. . (h) The debtor's beneficial interest in any trust property that is immune from the claims of the debtor's creditors under § 14-113 of the Estates and Trusts Article. (i) With respect to claims by @ separate creditor of a husband or wife, trust property that is immune froma the claims of the separate creditors of the husband or wife under § 14-113 of the Estates and Trusts Artiole. 4, GARNISHMENT OF PROPERTY—Such a writ, attaching certain assets of yours in the hands of someone else, would order that other party (e.g. bank holding your account, agent) to hold the asset subject 10 further court proceedings. 5. GARNISHMENT OF WAGES-—Such a writ would order your employer ta begin withholding from your wages the amount left over after deducting what fs lawfully required and efter exempting money that may not be gamished. Exemptions from gamishment— (1) the greater of: (a) 75 percent of the disposable wages due; OR (b) 30 times the federal minimum hourly wages under the Fair Labor Standards Act in effect at the time the wages are due; AND (2) any medical insurance payment deducted from an employee’s wages by the employer. Other federal exemptions may be available, Disposable wages means the part of wages that remain after deduction of any amount required to be withheld by Jaw. Finally, should you become the Judgment Debtor you should mow that judgment is publie information and enyone may request a‘copy of it. To Plaintiff If the Court enters a judgment for a sum certain, you havea right to obtain a lien on real property. DCICY 1 (back) (Rev. 7/2011)IN THE DISTRICT COURT OF MARYLAND FOR BALTIMORE CITY JAMES M. STEIN, = 10 E. Lee Street, #904 Baltimore, Maryland 21202 * Plaintiff, 7 v. ; 7 Case No.: FIRENZE FINE ARTS, INC., * 235 Jefferson Street San Francisco, California 94133 7 Serve On: Alfred Bouskila, Agent for Service of Process * Defendant. + * + * ae * 2 + = * i * * COMPLAINT Plaintiff, James M. Stein (the “Plaintiff”), by his undersigned counsel, hereby sues the Defendant, Firenze Fine Arts, Inc., and for his causes of action states as follows: PARTIES L Plaintiff is a resident of Baltimore City, Maryland. 2. Defendant, Firenze Fine Arts, Inc, (the “Defendant”), is a California corporation that sells furniture and home décor and that conducts business in Baltimore City, Maryland. FACTS SIGNIFICANT TO. ALL COUNTS 3. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-2 of this Complaint (“Complaint”) as if fully set forth herein. 4. On or about July 27, 2011, Plaintiff purchased from Defendant a coffee table with marble top and a painting (collectively, the “Merchandise”) for a total of $2,500.00. Copies of aninvoice and payment receipt evidencing the purchase of the Merchandise are collectively attached hereto as Exhibit A and incorporated herein. 5. In order to induce Plaintiff to purchase the Merchandise, Defendant represented, iner alia, to Plaintiff that: (i) despite the contents of the invoice for the Merchandise, the price for the coffee table was $2,500.00 and shipping and the painting were free; (ii) the original price of the coffee table was $11,500.00 and the coffee table was edged in 24k gold; and (iii) the Merchandise would be delivered undamaged and contain all parts. 6. On or about August |1,2011, the Merchandise arrived at Plaintiff's residence without the marble top for the coffee table and was significantly damaged. Further, upon arrival, Plaintiif discovered that the gold edging on the coffee table was gold colored paint, not 24k gold. 7. Despite repeated demands by Plaintiff to Defendant to remedy Defendant’s mistepresentations, missing and damaged Merchandise and Plaintiff's damages as a result, Defendant failed and refused and continues to fail and refuse to do so. COUNTI (Violations of Maryland Consumer Protection Statutes) 8. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-7 of this Complaint as if fully set forth herein. 9. The actions and representations of the Defendant described above constitute unfair and defective trade practices within the meaning of Md. Comm. Law Code Ann. §§ 13-101, ef seg. and Md. Comm, Law Cade Ann, §§ 14-1801, ef seg. 10, Asaresult of Defendant’s unfaix and deceptive trade practices, Plaintiff was damaged in the amount of $2,500.00, 1}. Pursuant to Md, Comm. Code Ann, §§ 13-408 and 14-1805, Plaintiff is entitled to 2recover his reasonable attorney’s fees incurred in connection with this matter. WHEREFORE, Plaintiff, James M. Stein, prays that a judgment be entered in favor of the Plaintiff and against the Defendant, Firenze Fine Arts, Inc., ia the amount of $2,500.00, plus attomey’s fees in the amount of $1,000.00, post-judgment interest, costs and such other further relief that this Honorable Court deems proper and just. COUNT IT (Negligent Misrepresentation) 12, Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-11 of this Complaint as if fully set forth herein. 13. The following statements from Defendant to Plaintiff constitute false representations of matorial fact: a. That the coffee table was edged in 24k gold; b. That the original cost of the coffee table was $11,500.00; c, That the Merchandise would be delivered with all parts and undamaged: and d. That the actual price for the Merchandise was $2,500.00 for the coffec table and the painting and shipping were free. 14. Defendant knew or should have known its representations to Plaintiff were false when made, 15. Defendant was desirous of inducing Plaintiff to purchase the Merchandise even though Defendant knew or should have known that the representations made to induce Plaintiff to do so were false. 16. The Plaintiff was justified in his reliance on Defendant's misrepresentations- 17. As aresult of Defendant’s negligent misrepresentations, Plaintiff was damaged in the 3amount of $2,500.00. WHEREFORE, Plaintiff, James M. Stein, prays that a judgment be entered in favor of the Plaintiff and against the Defendant, Firenze Fine Arts, Inc., in the amount of $2,500.00, plus post- judgment interest, costs and such other further relief that this Honorable Court deems proper and just. COUNT. (Negligence) 18. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1-17 of this Complaint as if fully set forth herein. "19. Defendant owed a duty of care to Plaintiff to deliver the Merchandise to the Plaintiff undamaged and with all parts. 20, Defendant breached its duty to Plaintiff by delivering the Merchandise without all parts and in a damaged condition. 21. Asa direct and proximate result of Defendant’s negligence, Plaintiff was damaged in the amount of $2,500.00. WHEREFORE, Plaintiff, Janes M. Stein, prays that ajudgruent be entered in favor of the Plaintiff and against the Defendant, Firenze Fine Arts, Inc., in the amount of $2,500.00, plus post-judgment interest, costs and such other further relief that this Honorable Court deems proper and just. COUNT IV (Unjust Exrichment) 22. Plaintiff incorporates by reference n all of the allegations contained in paragraphs 1-21 of this Complaint as if fully set forth herein.23. Defendant received, with full knowledge and appreciation, the entire purchase price of the Merchandise without providing the Merchandise to Plaintiff as represented, 24. — Defendant’s retention of the purchase price of the Merchandise is inequitable. WHEREFORE, Plaintiff, James M. Stein, prays that a judgment be entered in favor of the Plaintiff and against the Defendant, Firenze Fine Arts, Inc., in the amount of $2,500.00, plus post- judgment interest, costs and such other further relief that this Honorable Court deems proper and just. HM HUNTER C. PIEL LAW OFFICE OF HUNTER C. PIEL, LLC 600 Washington Avenue, Suite 300 Towson, Maryland 21204 Telephone: (410) 823-1881 Facsimile: (410) 823-8032 Counsel for Plaintiff, James M. SteinEXHIBIT A« 7 : bare: “7, ‘39 7 / { [ INVOICE FIRENZE FINE ARTS INC, [ens A 6443 James iM + [Cw San rari, CA 94133 agate Lb, St_Ar at Phi: 415.563.301 ony Mane Quy Mar: [Z09 eee erie om HOME: Bane BUSINESS PHONE We ¢ 29 ip ‘es NUMBER DESCRIPTION AMOUNT (i2n Aika we io. Ape \ aN Fern Tet AUN TE Veen AG /EQ Pree eee oS al SAA CRASH C Te dida dom! UL Liehege ign He HE Ble Gf 5 - G0 aF Mg E TE Di ta DAK, TO S70 6G 7d Evins lade. BAG aap! 7 SOB OTA | 7 TAX TOTAL o>» fn GAY VICK Cand E99 —~ - ALL SALES FINAL, NO REFUNDS, EXCHANGE WITHIN 7 DAYS SHIPPING AND HANDLING FEE NON REFUNDABLE. 20% RESTOCKING FEE. ABSOLUTELY NO CANGELLATION ON ALL LAST ITEMS, GI Apa ABOVE STORE POLICY. CUSTOMER SIGNATURE AND ACCEPTANCE _ AND SPECIAL ORDERS, BY SIGNING BELOW | HEREBY AGREE TO THE VORHIST cise Ct ToRUL Lie RUT CHSTENER COPYDus ob Lag] £11593 Dye:og/o9/2011 BILL OF LADING Page: 17 Bit! of Lading Number. 2118454 Name; firenze fine arts inc ing Nuriber, 7 Address: 235 Jefferson street eer CHysState/Zip: SAN FRANCISCO, CA.941 33 Seer eee deena POA Os: 7 Phe 4153283442 Contact: alfred Fon: [7] Teme ter Unc ice Sg a, Ni James m stein Location #: “ adhress: Seles aaa Carrier Name: R@L Carriers ine City/State/Zip; BALTIMORE, MD 21202 scac: RLCA Ph] 4438294824 Contact: Janes m stein FoR: [7] | Pro number: Name: Worldalde Eepress Adpress: 2626 Routh Street Suite 400 CipyState /Zip: Dallas, TX 75204. SPACIAL INSTRUCTIONS: pidase handle with care please use marsh insurance $2500 Freight Charge Terms: relate sharges are prepatd dy Worldwide Express unless indicated otherwise) ADPITIONAL SERVICES): Master Dill of Luding: with attached OlpLiftgate Pickup 02) Liftgate Delivery (checkbox) undertying Bill of Lading WAVE Number: Wwo90357698 REFERENCE # PKGS REFERENCE * i PKGS TOTAL OF # Pi oy Sree TTT = " _ wie eee HANDING wee __| MECES ham) Cmmodhtes euiagSpteat ar adona care or ETLONLY La rec) RE beret eben aie TYPE | oy TVPE PP see secon 240 oi NMP tien 960 NMFC# [Class [iy aff eer fs [erate 200| _[tyatsehoid goods 100 PI 1 3 — Grand Total W}ya the tam Te depen Bn alae. Shapes julred to stair tpacinic. writin a eT COD Amount: > i —— 7 Pye BFASET SPUD ABRUPURDE ner ecagee Fe mtEE IT DEBE rer: parE par Customer cheelc acceptable oO rT Remit Address: NOTE, tjapiliyy! ig bation fore {pss pag damage in this shipment may he applicable. 7 REGHVED, sublect 1 Indwiduay Satan re a Ganesh Tavs haan agreed upon in Selle bee ee — Syralirs NE Sn ae aa Rae SIGNATURE 7 PICKUP DATE rturtoageesfrlgm Counc: fae unease eatages a "| "oe shipper []ty Shipper or Fathers ner Scere ne ee yey orieae Loy Geiver Z paiters ze tc Oy Driver Pees ) 8/4/2011 2:50 PM lof)ES oF TRRTRIE NOPRICABOTEL ETON *_ GATE NOHO GOGHNERED "CAVA NOL + See TO Try PRE PLEO unre ban. ct ‘Babes leet EDMAS) spe cr war Mase aL ERS : uoreto 0s Da yN ener 2 Ths LsephALS “a : | .tesmemuencumnamuminmemaemne| Af dunn eases escwna I ever na vee Wina oo | GENO BLIM RIOMWE-E2IOVEd BILOWE ve pee) GES EDD @ MROMA mmOZEAD SEE MOILWOLATLOM REA MORANDITAIZAR G84 KOLZWOTSTLGR BEA MOLEVIZATLOR ug WUE BUOGRE AELAKOEEY BAVR LGON coo AMHALTEE BERVSY GRLINTT | ° e GRGATY CHEE lL ea ( 208 A » {6 Dares Nabe ta nee, wedaes caf Boete ak AuoKLTe— €€lee WO OOSTDRWud HUE “TOERL EZ serma $066 LB REL X ot aS MOBURELEC SEE G0o SLE 26 ALQOE BERE IZLE RK caer | SLEW GHIA RERAEIA BERGER ZAIMTMCH fl eyee-see Sto egaura j goaten al | SETS — PEveTTE Tavoreeus CI aren eae [—aeaaae [S550 REE WSR] women — sec — ag THE UNTIED ‘peeany2e cece Tag aKoo oo PT Teqhevis Tnouuogw Benes aon VSWRLANY SURILGANY OAUELAANY SIS NA \ezo-uzigy setesie ewan a RO NQLORENTAA, art eae Sess reess ase wy _ urns Osmee RET "GM ACOs st OGD 2Exhibit BPLD-050 ATTORNEY OR PARTY vaATHOUT 3 | “Deborah Goodman, Esq, Sbasiess9 ee To Anderson & Poole 601 California Street, Ste. 1300 San Francisco, CA 94108 TELEPHONENO: 415-956-6413 FAX NO. (Optioney: 415-956-6416 E-mail ADDRESS (Optionay: dgoodman@adplaw.com aTrorNey FoR wane, Defendant Firenze Fine Arts, Inc SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street acoress: 400 McAllister Street MAILING ADDRESS: enyanpzecove: San Francisco, CA 94102 BRANCH NAME: PLAINTIFFIPETITIONER: James M. Stein DEFENDANT/RESPONDENT: Firenze Fine Arts Inc. ‘CASE NUMBER:: GENERAL DENIAL CPF-16-515324 If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property involved is $1,000 or less. You MAY use this form for a general denial if: 1, The complaint is not verified; or 2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less), BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection. (See Cade of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40.) 1. DEFENDANT (name): FIRENZE FINE ARTS, INC, generally denies each and every allegation of plaintiffs complaint. DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additional pages if necessary): Sce Attachment 2 Date: February __, 2017 Deborah Goodman > (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) IF you have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading called a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 426. 10—426.40.) The original of this General Deniaf must be filed with the clerk of this court with proof that a copy was served on each plaintiffs attorney and on each plaintiff not represented by an attorney, There are two main ways to serve this General Denial: by personal delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be sure that whoever serves the General Denial fills out and signs a proof of service. You may use the applicable Judicial Council form (such as form POS-020, POS-030, or POS-040) for the proof of service. Page tert Code of Civil Procadure, §§ 431,30, 431.40 Fomn Adoaled er Mendy Usa ‘udeal Counel of Calva GENERAL DENIAL ‘win courinfo.ca.gov PLD-050 [Rev. January 1, 2099)= oOo ON DOO F&F wD LH Law Offices of ANDERSON & POOLE ‘A Professional Corporation 601 California Street ‘Suite 1300 San Francisco, CA 94108 (415) 956-6413 STEIN V. FIRENZA FINE ARTS INC, San Francisco Superior Court Case No. CPF 16-515324 ATTACHMENT 2 FIRST AFFIRMATIVE DEFENSE (Failure to State Cause of Action) As a first affirmative defense to the Complaint/Judgment, this answering Defendant alleges that Plaintiff fails to state facts sufficient to constitute a cause of action. SECOND AFFIRMATIVE DEFENSE (Estoppel) As a second affirmative defense to the Complaint, this answering Defendant relied on Plaintiffs conduct to Defendant’s detriment. Therefore, Plaintiff's complaint is barred by the doctrine of estoppel. THIRD AFFIRMATIVE DEFENSE (Unclean Hands) As a third affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred by the doctrine of unclean hands. FOURTH AFFIRMATIVE DEFENSE (Failure to Mitigate) As a fourth affirmative defense to the Complaint, this answering Defendant alleges Plaintiff failed to mitigate his damages. FIFTH AFFIRMATIVE DEFENSE (Setoff) As a fifth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's recovery, if any, must be reduced by sums Plaintiff's owe Defendant or Plaintiff received from third parties to compensate him for the harm alleged in Plaintiff's Complaint. ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIALoo Oo ON OH RF &Y ND Law Offices of ANDERSON & POOLE ‘A Professional Gorporation 604 California Stroet Suite 1300 San Francisco, CA 94108 (418) 956-6413 SIXTH AFFIRMATIVE DEFENSE (Non-Occurrence of Conditions Precedent) As a sixth affirmative defense to the Complaint, this answering Defendant alleges a condition precedent to Defendant's performance have not been satisfied or otherwise excused. Therefore, no performance by Defendant is due at this time. SEVENTH AFFIRMATIVE DEFENSE (Waiver) As a seventh affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff waived his right to the remedy sought in the Complaint or to Defendant's further performance. EIGHTH AFFIRMATIVE DEFENSE (Unenforceable Provisions) As an eighth affirmative defense to the Complaint, this answering Defendant alleges the contract is unenforceable as contrary to the law. NINTH AFFIRMATIVE DEFENSE (Novation) As a ninth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred by the doctrine of Novation. TENTH AFFIRMATIVE DEFENSE (Accord and Satisfaction) As a tenth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred by the doctrine of Accord and Satisfaction. ELEVENTH AFFIRMATIVE DEFENSE (Frustration of Purpose) As an eleventh affirmative defense to the Complaint, this answering Defendant alleges that the purpose for the party's agreement has been frustrated, excusing Defendant’s further performance. ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIALLaw Offices of oO Oo ON DO oO F&F WwW ND N NM NM NY NY NY BSB SB B&B Ba Ba a ae am em on ao FB Oo YD = OD oO ON OD aA ROD 26 ANDERSON & POOLE ‘AProfessional Corporation 601 California Street Suite 1300 San Francisco, CA 34108 (415) 956-6413 TWELFTH AFFIRMATIVE DEFENSE (Modification) As a twelfth affirmative defense to the Complaint, this answering Defendant alleges that the contract on which this action is based was modified orally or in writing. THIRTEENTH AFFIRMATIVE DEFENSE (Plaintiff's Breach) As a thirteenth affirmative defense to the Complaint, this answering Defendant alleges that Defendant's further performance is excused by Plaintiff's breach. FOURTEENTH AFFIRMATIVE DEFENSE (Statute of Limitations) As a fourteenth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred by the applicable statutes of limitation, including California Code of Civil Procedure sections 337, 338, 339, and 343, and Commercial Code section 2725. FIFTEENTH AFFIRMATIVE DEFENSE (Unjust Enrichment) As a fifteenth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff would be unjustly enriched if he was to recover on his Complaint. SIXTEENTH AFFIRMATIVE DEFENSE (Laches) As a sixteenth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred by the doctrine of laches. SEVENTEETH AFFIRMATIVE DEFENSE (Mistake) As a seventeenth affirmative defense to the Complaint, this answering Defendant alleges that a mutual or unilateral mistake renders the contract unenforceable. ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIAL= oO MON ODO HM BR WN Law Offices of ANDERSON & POOLE A Professtonal Corporation 601 California Street Suite 1300 San Francisco, CA 94108 (415) 956-6413 EIGHTEENTH AFFIRMATIVE DEFENSE (Unconscionability) As an eighteenth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiffs Complaint is barred by the doctrine of unconscionability. NINETEENTH AFFIRMATIVE DEFENSE (Lack of prosecution) As a nineteenth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is subject to dismissal for lack of prosecution, and such dismissal is particularly appropriate as to this answering Defendant was not served by a court having jurisdiction over the Defendant until long after the commencement of the action, despite Plaintiff's actual knowledge of the identity of this Defendant. TWENTIETH AFFIRMATIVE DEFENSE (Failure to Verify Complaint) As a twentieth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiffs Complaint is barred because Plaintiff failed to file a claim under oath as required by Code of Civil Procedure section 116.320. TWENTY-FIRST AFFIRMATIVE DEFENSE (Adequate Remedy at Law) As a twenty-first affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred to the extent it seeks equitable relief because Plaintiff has an adequate remedy at law. TWENTY-SECOND AFFIRMATIVE DEFENSE (Consent) As a twenty-second affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred because Plaintiff consented to ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIAL= oOo ON DO OH FF WN Law Offices of ANDERSON & POOLE A Professional Corporation 604 California Street Sulte 1300 San Francisco, CA s4toa (415) 956-6413 and approved all the acts and omissions about which Plaintiff now complains. TWENTY-THIRD AFFIRMATIVE DEFENSE (Election of Remedies) As a twenty-third affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred and precluded by reason of the doctrine of election of remedies. TWENTY-FOURTH AFFIRMATIVE DEFENSE (Privilege) As a twenty-fourth affirmative defense to the Complaint, this answering Defendant alleges that Plaintiff's Complaint is barred because this answering Defendant was privileged and justified by statute and common law in acting as Defendant did and in making the statements and representations Defendant made to the persons to whom the statements and representations were made. RESERVATION OF RIGHTS Defendant reserves the right to assert additional affirmative defenses to the Complaint, shouid the existence of such defenses become ascertained prior to the trial of this action. WHEREFORE, this Defendant prays for judgment in favor of defendant and against Plaintiff as follows: 1. That Plaintiff take nothing by his Complaint against this Defendant; 2. That Defendant be awarded his costs; and 3. Such other and further relief as the court may deem just and proper. DATED: February __, 2017 ANDERSON & POOLE, P.C. By: Edward G. Poole Deborah L. Goodman Attorney for Defendant FIRENZE FINE ARTS, INC. ATTACHMENT 2 TO DEFENDANT FIRENZE FINE ARTS, INC.’S GENERAL DENIAL