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CAUSE NO.
JOEL HOWARD, NAREN THOTA,
MATT McDONOUGH, AND SUSAN
BEHN
IN THE DISTRICT COURT
Plaintiffs,
Vv. JUDICIAL DISTRICT
SOLUTION BEACON, LLC; RJT
COMPUQUEST, INC.; AND RJT
SOLUTION BEACON, INC.,
OD OD OD UD UR LOD CO ER ON Con to on ea
Defendants. OF DENTON COUNTY, TEXAS
PETITION TO ISSUE SUBPOENAS TO APPEAR
FOR DEPOSITION AND PRODUCE DOCUMENTS
TO THE HONORABLE JUDGE OF SAID COURT:
Solution Beacon, LLC (hereinafter “Solution Beacon”), one of the Defendants herein,
petitions this Court to open a miscellaneous case for this matter so that it can issue
subpoenas to appear for deposition and produce documents pursuant to Section 20.002 of
the Texas Civil Practice and Remedies Code and Texas Rule of Civil Procedure 201.2.
L
This lawsuit is currently pending in the Superior Court of the State of California in and
for the County of Los Angeles, Superior Court, Cause No. BC509991. The live pleading of
such case is attached here as Exhibit A.
Attached as Exhibit B and C are Commissions to Take Depositions Outside California for
the corporate representative of Infosemantics, Inc., a Texas corporation. Infosemantics, Inc.
has information that is material to the subject matter of this lawsuit. Solution Beacon
PETITION TO ISSUE SUBPOENAS TO APPEAR
EOR DEPOSITION AND PRODUCE DOCUMENTS Page 1 of 3accordingly needs to issue subpoenas to appear for deposition and produce documents to these
individuals. These Commissions are attached as Exhibit B and C and are incorporated herein
for all purposes.
I.
Solution Beacon thus requests that a cause number be assigned to this matter for the
purpose of issuing subpoenas to appear for deposition and produce documents which are
material to the subject matter of this lawsuit, and requests such other and further relief to
which it may be justly entitled.
Respectfully submitted,
THE PETTIT LAW FIRM
By: /s/ Julie Pettit
Julie Pettit
SBN: 24065971
jpettit@pettitfirm.com
3710 Rawlins, Suite 1050
Dallas, TX 75119
Tel. (214) 329-0151
Fax. (214) 329-4076
ATTORNEY FOR SOLUTION BEACON, LLC
PETITION TO ISSUE SUBPOENAS TO APPEAR
EOR DEPOSITION AND PRODUCE DOCUMENTS Page 2 of 3CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded to all known counsel of record in this cause in accordance with the Texas Rules
of Civil Procedure on this 29th day of April, 2014.
/s/ Julie Pettit
Via Facsimile: 323-843-9430
Cynthia M Ribas, Esq.
Ribas Legal
2753 Stone View Court
Los Angeles, CA 90068
Email: Cynthia.ribas@gmail.com
Phone: 323-512-2105
Via Certified Mail
Heather M. Kadeg, Esq
Kadeg Law, APC
3625 E. Thousand Oaks Blvd, Suite 182
Westlake Village, CA 91362
Via Certified Mail
Law Office of Dean Weinreich
1180 S. Beverly Drive, Suite 610
Los Angeles, CA 90035Exhibit Aree Su
PLS
8
Cynthia M. Ribas, SBN 135227
RIBAS LEGAL
2753 Stone View Court
Los Angeles, CA 90068
Telephone: (323) 512-2105
Facsimile: (323) 843-9430
LOS ANGELES SUPERICR COvay
pt MAY 24 2013
Me opp spec
BY MARY aba
Attorneys for Plaintiffs
JOEL HOWARD, NAREN THOTA,
‘MATT McDONOUGH and SUSAN BEHN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
JOEL HOWARD, NAREN THOTA, BC5099 9 a
MATT McDONOUGH and SUSAN Case No.: .
BEHN, each individuals, 3
Plaintiffs, VERIFIED COMPLAINT FOR
vs. BREACH OF WRITTEN CONTRACT
SOLUTION BEACON, LLC, a
Minnesota Limited Liability Company,
RJT COMPUQUEST, INC., a California
Corporation, and DOES 1 through 50,
inclusive,
Plaintiffs JOEL HOWARD, NAREN THOTA, MATT McDONOUGH and SUSAN
BEHN (together the “Plaintiffs”), alleges as follows:
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1. Defendant SOLUTION BEACON, LLC, (“Solution pad a dined EB
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VERIFIED COMPLAINT FOR BREACH OF WRITTEN CON/ERAGE 3
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2. Defendant RIT COMPUQUEST, INC., (“RJT Compuquest”), is, and at all times
here mentioned was, a California corporation, with its principal place of business located in Los
Angeles County, California.
3. Plaintiff JOEL HOWARD is an individual whose residence is in Los Angeles
County, California. /
4. Plaintiff NAREN THOTA is an individual whose residence is in Denton County,
Texas.
5. Plaintiff MATT McDONOUGH, is an individual whose residence is in DuPage
County, Ulinois. .
6. Plaintiff SUSAN BEHN is an individual whose residence is in Tarrant County,
Texas.
7. The true names and capacities of defendants sued herein as DOES 1 through 50,
inclusive, are unknown to Plaintiffs at this time. Plaintiffs will amend this Complaint once the
true names and capacities of said DOE defendants have been ascertained. Each of the DOE
defendants is responsible in some manner for the acts, omissions and/or damages alleged herein.
8. Each named defendant is, and at all times here mentioned was, the undisclosed
employee and/or agent of each and every DOE defendant and was acting within the purpose and
scope of that employment and/or agency in performing the acts and omissions herein alleged.
9. This Court has jurisdiction over Defendant Solution Beacon because Solution
Beacon has purposely availed itself of the privilege of conducting activities in the State of
California and thereby established minimum contacts sufficient to confer jurisdiction over said
Defendant. The assumption of jurisdiction over Solution Beacon will not offend traditional
notions of fair play and substantial justice and is consistent with the constitutional requirements
of due process. .
10. Solution Beacon has had continuous and systematic contacts with the State of
California sufficient to establish general jurisdiction over said Defendant.
11. The cause of action alleged in this Complaint arose from or is related to the
contacts of Defendant Solution Beacon in the State of California, thereby conferring specific
jurisdiction with respect to said Defendant.
2,
VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACTSRPee oo
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FIRST CAUSE OF ACTION
Breach of Written Contract
(Against All Defendants)
12. Plaintiffs re-allege and incorporate by reference the allegations contained in
paragraphs 1 through 11 of this Complaint.
13. Onor about October 22, 2010, Plaintiff Joel Howard entered into a written
agreement with Defendant Solution Beacon for the redemption of his preferred shares of stock
held in the company. Said agreement called for the overall payment of $155,161.56 by Solution
Beacon to Plaintiff Howard via thirteen (13) monthly payments of $11,935.50. Said amount was
a discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow
circumstance. The written agreement was confirmed in writing via exchange of email
correspondence between Plaintiff Howard and Richard Bardy, then legal counsel and acting Chief|
Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff
Howard and Solution Beacon is attached hereto as Exhibit “A.”
14, At all times, Solution Beacon’s performance of the redemption agreement with
Plaintiff Howard required Solution Beacon to provide payment to Plaintiff Howard in Los
Angeles County, California.
15. On or about October 11, 2010, Plaintiff Naren Thota entered into a written
agreement with Defendant Solution Beacon for the redemption of his preferred shares of stock
held in the company. Said agreement called for the overall payment of $372,014.00 by Solution
Beacon to Plaintiff Thota via thirty-six (36) monthly payments of $10,333.72. Said amount was a
discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow
circumstance. The written agreement was confirmed in writing via exchange of email
correspondence between Plaintiff Thota and Richard Bardy, then legal counsel and acting Chief
Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff
Thota and Solution Beacon is attached hereto as Exhibit “B.”
16. On or about September 29, 2010, Plaintiff Matt McDonough entered into a written!
agreement with Defendant Solution Beacon for the redemption of his preferred shares of stock
held in the company. Said agreement called for the overall payment of $101,402 by Solution
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Beacon to Plaintiff McDonough via ten (10) monthly payments of $13,000.00. Said amount was
a discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow
circumstance. The written agreement was confirmed in writing via exchange of email
correspondence between Plaintiff McDonough and Richard Bardy, then legal counsel and acting
Chief Financial Officer for Solution Beacon. A copy of the redemption agreement between
Plaintiff McDonough and Solution Beacon is attached hereto as Exhibit “C.”
17. On or about November 29, 2010, Plaintiff Susan Behn entered into a written
agreement with Defendant Solution Beacon for the redemption of her preferred shares of stock
held in the company. Said agreement called for the overall payment of $55,131.00 by Solution
Beacon to Plaintiff Behn via eight (8) monthly payments of $6,891.38. Said amount was a
discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow
circumstance. The written agreement was confirmed in writing via exchange of email
correspondence between Plaintiff Behn and Richard Bardy, then legal counsel and acting Chief
Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff
Behn and Solution Beacon is attached hereto as Exhibit “D.”
18. Plaintiffs performed all obligations and promises as required on their part to be
performed per the terms of their respective redemption agreements with Solution Beacon.
19. Onor about February 1, 2011, Solution Beacon stopped making payments to the
Plaintiffs per the terms of their respective redemption agreements, as here attached. In so doing,
Solution Beacon has breached all four (4) of Plaintiffs’ written agreements. More specifically,
Solution Beacon made only three (3) payments per its agreement with Plaintiff Howard, leaving a
balance owed to him of $155,161.50. Solution Beacon made only one (1) payment per its
agreement with Plaintiff Thota, leaving a balance due to him of $361,680.28. Solution Beacon
made only four (4) payments per its agreement with Plaintiff McDonough, leaving a balance
owed to him of $57,402.00. And Solution Beacon made only two (2) payments per its agreement
with Plaintiff Behn, leaving a balance due to her of $41,231.74.
20. On multiple occasions each of the Plaintiffs have called and written to Solution
Beacon seeking payment on their respective agreements. Regardless, Solution Beacon has failed
4
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and refused and continues to fail and refuse to make any further payments to any of the Plaintiffs
on any of their agreements.
21. —_ Instead, on information and belief, Plaintiffs allege that on or about April 15, 2013,
Solution Beacon engaged in a transaction with Defendant RJT Compuquest that amounted to a
consolidation or merger of RJT Compuquest as successor and Solution Beacon as predecessor.
Thus, in assuming the assets of Solution Beacon, RJT Compuquest also incurred the liabilities
Solution Beacon owes to its preferred shareholders, here the Plaintiffs. More specifically, RJT
Compuquest, as the successor entity, is thereby liable to Plaintiffs for the balance of their
respective redemption agreements originally entered into with Solution Beacon.
22. On information and belief, Plaintiffs allege that with regard to the transaction
referenced in paragraph 21 above, RIT Compuquest expressly or impliedly agreed to assume
Solution Beacon’s liabilities as stated in this Complaint by benefitting from the assets Solution
Beacon would not have had the valuation for but for the contributions of Plaintiffs as Solution
Beacon preferred shareholders.
23. On information and belief, Plaintiffs allege that with regard to the transaction
referenced in paragraph 21 above, RJT Compuquest, as the successor entity, is a mere
continuation of the predecessor entity, Solution Beacon, for all intents and purposes.
24. On information and belief, Plaintiffs allege in the alternative that with regard to the
transaction referenced in paragraph 21 above, any transfer of assets from Defendant Solution
Beacon to Defendant RJT Compuquest was for the fraudulent purpose of escaping liability for the
predecessor entity’s debts as stated in this Complaint.
WHEREFORE, Plaintiffs pray for entry of judgment against Defendants, and each of
them, as follows:
1. Compensatory damages in the approximate amount of $155,161.50 to Plaintiff
Joel Howard; ,
2. Compensatory damages in the approximate amount of $361,680.28 to Plaintiff
Naren Thota;
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3. Compensatory damages in the approximate amount of $57,402.00 to Plaintiff Matt
McDonough;
4. Compensatory damages in the approximate amount of $41,231.74 to Plaintiff
Susan Behn;
5. Pre-judgment interest on said sum at the rate of ten percent (10%) per annum, from|
February 1, 2011, to the date of entry of judgment;
6. Attorneys fees and costs of suit incurred herein; and
7. For such other and further relief, including equitable remedies and injunctive
relief, as this Court may deem just and proper.
DATED: May 24 , 2013 RIBAS LEGAL
JOEL HO 'ARD, NAREN THOTA,
SUSAN BEHN AND MATT McDONOUGH
$
-VERIFIED COMPLAINT.FOR BREACH OF .WRITTEN.CONTRACTEXHIBIT “A”
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From: JOEL HOWARD
> To: Rick Bardy
> Sent: Wed, October 27, 2010 1:54:38 PM
> Subject: Re:
>
>
> Rick,
>
> [ should have this to you this evening or early tomorrow. Have been
> waiting on a few recommendations.
>Thanks - Joel
>
>
FD
> From: Rick Bardy
> To: JOEL HOWARD
> Sent: Fri, October 22, 2010 8:38:02 AM
> Subject: RE:
>
>
> Hi Joel,
>
> I can get a promissory note for you if you like. However, the email below
> functions as a statement of terms and should be enforceable against the company.
>
> If you sign the stock power and return it in this email string, you would have an
> enforceable agreement for the amount listed below. | will certainly use it as an
> enforceable agreement if you later ask for more than what's been offered.
>
>
> Rick
>
> From:JOEL HOWARD [mailto:joelth@sbcglobal.net]
> Sent: Friday, October 22, 2010 10:13 AM
> To: Rick Bardy
> Subject: Re:
>
> Thanks, Rick. Will we not execute hte redemption agreement and/or promissory
> note at the same time?
>
> Joel
>>
>
>
> From:Rick Bardy
> To: JOEL HOWARD
> Sent: Wed, October 20, 2010 4:15:05 AM
> Subject: RE:
> Hi Joel,
>
> The offer still stands. SB will pay $11,935.50 starting the first week in
> November, for 13 months. That represents a settlement for $153,144 together
> with interest at 2.25% for an additional $2,017.56 in interest. SB will also
> cover your expense payments from 2007/2008 that we've talked about.
> Those will also be processed the first week of November.
>
> [need you and your wife to sign the attached stock power. In the section where
> itasks about shares, please state “all” or “100%”.
>
> If you can then scan it and return it we'll be set. Please let me know if you
> have any questions or concerns.
>
> Rick
>EXHIBIT “B”
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From: Naren Thota [mailto:nthota@infosemantics,com] Sent: Monday, October 11,
2010 3:21 PM To: Rick Bardy Ce: pthota@infosemantics.com; ‘Naren
Thota’ Subject: RE: Stock Powers
Rick,
Please see attached signed stock powers from each of us, for both the Common
Stock and the Preferred Stock. Please let us know if you have any questions.
Also, | am not sure if you have our personal banking direct deposit information,
please let us know when you are ready.
Thank you,
Naren
Naren Thota | Infosemantics, Inc.
Cell: 972 365 0345 | Corporate Office: 469 941 0266 | Fax: 469 941 0267
www .infosemantics.com
People First. Integrated IT Solutions.
From: Rick Bardy [mailto:rick.bardy@bardylaw.com] Sent: Wednesday, October
06, 2010 10:58 AM To: nthota@infosemantics.com Subject: Stock Powers
Hi Naren,
I’ve attached a number of items for your review and signature. Per our
conversation, you and Prasanna have various stock certificates that represent your
holdings in the company. On your common stock, you have paid $25,458.57. Please,
you and Prasanna each need sign one stock power as it relates to common stock. If
you can designate “All” or “100%” for that amount on a separate stock power. As
soon as | can arrange it, SB will forward those funds to you in one payment. I need
to proceed through some steps to get that accomplished.
Next, on your preferred stock please sign a separate stock power and designate all
or 100% on that one, too. The amount that’s due on that is $351,222 plus a dividend
of $20,792. At this point I plan to pay that over 36 months so you should expect a
payment for it soon after I receive the signed stock power back of $10,333.72. Once
the others that we're paying back are taken care of, SB hopes to be able to pay this
obligation off to you in 24 months. | can’t promise we'll be able to do that but I will
promise to try.‘ [have also included a copy of the shareholder agreement. There is a section relating
to noncompetition that needs to be adhered to in order to secure your payment on :
the preferred stock. In addition, you are in somewhat of a unique situation. A lot of
the payments that should have been made to you were actually payments for
resources. I need to insure that SB won't pay out funds to you and then have one of
your employees come back and ask us for the same payment because they haven't
been paid. | don’t expect this to be an issue at all, but I likely will need to do some
spot checking on resources over time to see what their arrangement was with you
for salary or pay and how it was accomplished. Think of it as a mini audit. Mostly, !
need to see ‘what their agreement was with you, what they were actually paid and
whether there are any disputes left over.
We don't have to get that accomplished right away but sometime in the next six
months.
Again, let me know if you have any questions or concerns.
RickEXHIBIT “C”Sig
From: Matthew McDonough
Date: Wed, Sep 29, 2010 at 1:46 PM
Subject: Re: FW: Matt
To: Rick Bardy
Thanks Rick. I will review everything and get back with you if I have
questions.
On Wed, Sep 29, 2010 at 10:15 AM, Rick Bardy
wrote:
Hi Matt,
I've attached the documents I need you and your wife to sign and return to
me. The stock power is the back side of the certificate I've attached. If you have
questions about how to fill the form out, please call me. Essentially, you want to
state that you are redeeming “all" or 100% of the units. Once J receive the signed
scan back, $B will begin paying you $11,000 per month probably in the first week of
the month until your preferred stock plus the dividend are paid out. So the total
amount you'll be paid out is $101,402. $95,364.07 represents a return of your
preferred stock balance and $6,038 represents a dividend. You will need to check
with your tax advisor but in theory the tax treatment should be the same for all
of the payments. You've held this stock since April 2008 so all of it should be
treated as capital gain income rather than as ordinary income. As such, the
payments are not subject to FICA tax or any other withholding tax. At $11,000 per
month you should receive payments for 9 months with a partial payment in the 10th
month.
I know that you have expenses in the system as well as commissions that are
still due. Those payments will come to you in the normal course of business
and aren't really related to the preferred stock payout.
Please let me know if you have any questions or concerns. As soon as I
receive the signed paperwork, I'll start processing your preferred stock
payments.
RickSta
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11/1/10
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4/1/11
5/1/11
6/1/11
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8/1/11
9/1/11
10/1/11
1/1/11.
12/4/41
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2/1/12
3/1/12
4/1/12
5/1/12
6/1/12
WAfr2
8/1/12
9/3/12
10/1/12
11/1/12
12/1/12
1/1/13
2/3/13
3/1/13
4/1/13
5/1/13
Pmt
NPB PR
Actual Amount Owed with Interest
Principal
10809.87
10830.50
10851.12
10871.75
Interest
0.0225
190.13
169.50
148.88
128,25
107.63
107.83
108.03
108.24
108.44
108.64
108.85
109.05
109.25
109,46
109.66
109.87
110.08
110.28
110.49
110.70
110.90
111.11
111.32
111.53
111.74
111.95
112.16
112.37
112.58
112.79
113.00
113.21
Balance
101,402.00
90,402.00
79,402.00
68,402.00
57,402.00
57,509.63
57,617.46
57,725.49
$7,833.73
57,942.17
58,050.81
58,159.65
58,268.70
58,377.96
58,487.41
58,597.08
58,706.95
58,817.02
58,927.31
59,037.79
59,148.49
59,259.39
59,370.50
59,481.82
59,593.35
59,705.09
59,817.04
59,929.19
60,041.56
60,154.14
60,266.93
60,379.93
60,493.14
Paid Date Paid
11000.00 10/1/10
11000.00 11/1/10
11000.00 12/1/10
11000.00 1/1/11EXHIBIT “D”From: Rick Bardy [mailto:rick.bardy@bardylaw.com|
Sent: Monday, November 29, 2010 11:50 AM
To: Susan Behn
Subject: RE: Stock Dividends
Hi Susan,
Hm still working on the buyout and conversion plan. However, the board has
decided that a prerequisite of being able to convert preferred stock to our common
stock is that the person agree to forego the dividend from 2009 and convert it to
common stock. Shareholders who do not want to convert the preferred stock along
with the dividend to common stock are going to be paid out on their preferred
shares. So therefs no need to wait to process your particular payments.
Since you appear to need the cash, in addition to getting the dividend, SB will pay
you for your preferred stock. Currently, 1 show you with preferred stock in the
amount of 52,050 shares with a dividend from your ownership of the preferred
stock as of 12/31/2009 due of $3,081 for a total due to you of $55,131. Please fill
out and sign the stock power. On the stock power, list that you want to redeem all of
your shares. Both you and your husband need to sign the stock power. Please scan
it and send it back to me. The company will begin to pay you these funds aver B
payments or approximately $6,891.38 per month. These payments come to you as a
return of stock or the dividend. You will need to consult with your own tax advisor
but all of this should only be subject to capital gains tax. The first payment, which
will be processed this month, would be taxed on your 2010 tax return. The
remainder would be taxed on your 2011 return.
The stock power is actually a copy of the back side of your stock certificate by the
way.
There is an interest rate that is due to you on this of prime minus 1% so I will
prepare an amortization table showing you the actual payment.
Please let me know if you have any questions or concerns.
RickApproximate Future Payment Schedule
12/19/2011 - QDATA
Actual Amount Owed with Interest
12/1/11
Wifi
2/afia
3/1/11
a/1f1t
5/1/14
6/1/11
WAM.
8/1/11
9/1/11
10/1/14
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12/1/11
1/1/12
2/1/12
3/1/12
4/1/12
5/1/12
6/1/12
7YA2
8/1/12
9/1/12
10/1/12
11/1/12
12/1/12
1/13
2/1/13
3/1/13
2 4/1/13
v1 5/1/13
Pmt
1
2
Principal Interest Balance Paid
0.0225 55,131.00
6846.28 103.37 48,284.72
6859.12 90.53 41,425.60
77.67 = 41,503.27
77.82 41,581.09
77.96 41,659.06
78.11 41,737.17
78.26 41,815.42
78.40 41,893.83
78.55 41,972.38
78.70 = 42,051.08
78.85 42,129.92
78.99 42,208.92
79.14 42,288.06
79.29 42,367.35
79.44 42,446.79
79.59 42,526.37
79.74 42,606.11
79.89 42,686.00
80.04 42,766.03
80.19 42,846.22
80.34 42,926.56
80.49 43,007.04
80.64 43,087.68
80.79 43,168.47
80.94 43,249.41
81.09 43,330.51
81.24 43,411.75
81.40 43,493.15
81.55 43,574.70
81.70 43,656.40
6949.65
6949.65
Date Paid
12/1/10
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12
13
14
15
16
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18
19
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22
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24
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VERIFICATIONS
I, Joel Howard, am a resident of Los Angeles county, California, and a
Plaintiff in the above-entitled action. I have read the foregoing Complaint for
Breach of Contract and know the contents thereof. The same is true of my own
knowledge, except as to those matters therein alleged on information and belief,
and as to those matters, I believe them to be true.
I declare under penalty of perjury that the foreeping is true and correct and
that this declaration was executed in ale S ifornia.
Dated: May 2/f, 2013
I, Naren Thota, am a resident of Denton county, Texas, and a Plaintiff in”
the above-entitled action. I have read the foregoing Complaint for Breach of
Contract and know the contents thereof. The same is true of my own
knowledge, except as to those matters therein alleged on information and belief,
and as to those matters, I believe them to be true.
J declare under penalty of per}
that this declaration was executed in
Dated: May 2/, 2013
that the foregoing is
Naren Thota
I, Matt McDonough, am a resident of DuPage county, Illinois, and a
Plaintiff in the above-entitled action. 1 have read the foregoing Complaint for
Breach of Contract and know the contents thereof. The same is true of my own
knowledge, except as to those matters therein alleged on information and belief,
and as to those matters, I believe them to be true.
I declare under penalty of perjury that he foregoing is true and correct and
that this declaration was executed in REE GunNty _, Minois.
Dated: May 2/, 2013 Meh Madonoug
Matt McDonough
I, Susan Behn, am a resident of Tarrant county, Texas, and a Plaintiff in
the above-entitled action. I have read the foregoing Complaint for Breach of
Contract and know the contents thereof. The same is true of my own
knowledge, except as to those matters therein alleged on information and belief,
and as to those matters, I believe them to be true.
I declare under penalty of perjury that the foregoing is true and correct and
that this declaration was executed in , Texas.
Dated: May 2/, 2013
Susan
1
VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACTCM-010
LConihia M Ribas. Esa. te Saye arto: SBE 135227 @ FOR COURT USE OLY
Ribas Lezal
2753 Stone View Court
Los Angeles, California 90068 LO6 ANGELES SUPERIOR COURT
‘TELEPHONENO.: 323.512.2105 raxwo: 323.843.9430 7
ATTORNEY FOR tiome): Plaintiffs J. Howard, N. Thota, M. McDonough, S. Behn may ‘24 2013
[SUPERIOR COURT OF CALIFORNIA, COUNTYOF Los Angeles |
street apres: 111 North Hill Street JOhn 4, ULBHKE, CLERK
waunaaooress: 111 North Hill Street AA
crvanpzecooe: Los Angeles, CA 90012 BY MARY FVORES, DEP!
srancu name, Central District
‘CASE NAME:
Joel Howard, Naren Thota, etval. v. Solution Beacon, LLC, et al.
CIVIL CASE COVER SHEET Complex Case Designation "CASE NUMBER: ,
Unlimited — [_] Limited Oe oO BC 3509993
(Amount (Amount ‘ounter Joinder .
demanded demanded is Filed with first appearance by defendant | “Y°%*
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
items 1-6 below must be completed (see instructions on page 2).
4
. Check one box below for the case type that best describes this.case:
Auto Tort Gontract Provisionally Complex Civil Litigation
‘Auto (22) Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) 1] Rute 3.740 catiections (09) [1] antitrust/Trade regulation (03)
Other PUPDAWD (Personal Injury/Property Other collections (09) [1 construction defect (10)
DamageMrongful Death) Tort LJ insurance coverage (18) [J Mass tort (40)
Asbestos (04) [1 other contract (37) [] securities tigation (28)
Product liability (24) Real Property [_] environmental/Toxic tort (30)
Medical malpractice (45) J] Eminent domainiinverse J insurance coverage claims arising fram the
‘Other PYPD/WD (23) condemnation (14) above listed provisionally complex case
Non-PI/PD/WD (Other) Tort [1 Weangfut eviction (33) types (41)
[1 ausiness torvuntair business practice (07) L] other real property (26) Enforcement of Judgment
LJ civ rights (08) Untawful Detainer [1 Enforcement of judgment (20)
[J pefamation (13) LJ] commercia! (31) Miscellaneous Civil Complaint
LJ Fraud (16) LJ Resideniat (32) CT) rico
LJ intetectuat property (19) CJ} rugs 38) 1 otter comptaint (not specitied above) (42)
[] Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PUPDAWD tort (35) Asset forfeiture (05) (_] Partnership and corporate governance (21)
Employment {1 Pettion re: arbtvation award (11) [=] mer petton (not specified above) (83)
‘Wrongful termination (36) ([) writ of mandate (02)
(] other employment (15) [1 other judicial review (39)
2. Thiscase [_Jis [¥Jisnot complex under rule 3.400 of the Califomia Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a CI Large number of separately represented parties d. | Large number of witnesses
b.(__] Extensive motion practica raising difficult or novel _e. [_] Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federa! court
c.(—] Substantial amount of documentary evidence t. L_] substantial postjudgment judicial supervision
3. Remedies sought (check ail that apply): a.[Z] monetary b.[_] nonmonetary; declaratory or injunctive relief _c. [_}punitive
4. Number of causes of action (specify): 1
5. case [_lis [¥Jisnot actass action suit.
6. if !fiere are any known related cases, file’ and serve a notice of related case. (You may use MOT:
Date: sMay 74 2013
O vid Cynthia M. Ribas >
(TYPE OR PRINT NAME) {SIGNAPURE. ‘OR. (NEY FOR PARTY)
pcs NOTICE .
« Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (ce mail claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Cade). (Cal. Rules of Cobft, rule 3.220.) Failure to file may result
in‘sanctions.
* File this cover sheet in addition to any cover sheet required by local court rule.
© If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
othér parties to the action or proceeding.
. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. as #= @ cal BC 50 9 g 9 ry
Joel Howard, Naren Thota, et al. v. Solution Beacon, LLC, et al.
CIVIL CASE COVER SHEET ADDENDUM AND
STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant to Loca! Rule 2.0 in all new civil case filings In the Los Angeles Superior Court.
Item |. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL? wi ves ciassaction? L] ves umirepcase? L]yves Time esTIMATED FOR TRIAL_3__C) HouRs/ ©) pays
ltem Hl. Indicate the correct district and courthouse location (4 steps — If you checked “Limited Case”, skip to Item Ill, Pg. 4):
Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.
Step 2: Check one Superior Court type of action in Column B below which best describes the nature of this case.
Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0,
Applicable Reasons for Choosing Courthouse Location (see Column C below)
4. Class actions must be filed in the Stanley Mosk Courthouse, central district. §, Location of property or permanently garaged vehicle.
2. be filed in central (ather county, or no bodily injury/property damage). 7. Location where petitioner resides.
3. Location where cause of action arose. 8. Location wherein Gefendantrespondent functions wholly.
4. Location where bodily injury, death or dau occurred. 9, Location where one or more of apenas reside.
5. Location where performance required or: ndant resides. 10. Location of Labor Commissioner
Step 4: Fill in the information requested on page 4 in Item Hl; complete Item IV. Sign the declaration.
Eo =
A B c
Civit Case Cover Sheet Type of Action Applicable Reasons -
Category No. {Check only one) ‘See Step 3 Above
g x Auto (22) 0 A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death V2
so
inka CR toe —
Mirta E. Ribas
[TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) esifnaTuRE: ‘OF PERBON COMPLETING THIS FORM)
Gorm Aparna Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL | Sur otutPoose 45 0 Noes
POS.030 (New January 1, 2005) (Proof of Service)POS-030(P)
7 E NUMBER:
SHORT TITLE: soward, N. Thota, et al. vs. Solution Beacon, LLC, et al, Se MEET 09991
ATTACHMENT TO PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL|(PERSONS SERVED)
{This Attachment is for use with form POS-030)
NAME AND ADDRESS OF EAGH PERSON SERVED BY MAIL:
Name of Person Served 85 (number, and zis
Kadeg Law, APC i
Heather M, Kadeg, Esq. 3625 €. Thousand Oaks Blvd., Suite rat
Westlake Village, California 01362
Taw Office of Dean Welnreich |
Dean Weinreich, Esq. 1180 S. Beverly Drive, Suite 610 :
Los Angeles, California 90035
Tarn Ante Oolaaluse ATTACHMENT TO PROOF OF SERVICE BY FIRST-CLASS Walt—CWL Page 2 of 2
Bir nanirantes 05) (PERSONS SERVED)
{Proof of Service)Exhibit BDISC-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, State Bar numbar, and address): FOR COURT USE ONLY
| CAMERON LAW OFFICE, CHARTERED
4470 W. 78th St. Circle, Suite 210
Bloomington, MN_ 55435
severnone wo: 612-341-0394 FAX NO. (Optra
E-MA\|, ADDRESS (Optional: :
ATTORNEY FOR (Name): Defendant Solution Beacon, LLC
SUPERIOR GOURT OF CALIFORNIA, COUNTY OF Los Angeles
streeraooress; 11] North Hill Street
maiuncaporess: 111 North Hill Street
crvanozipcove: Los Angeles, CA 90012
srancHname: Central District
SHORT TITLE:
Howard et al. v. Solution Beacon, LLC, et al.
CASE NUMBER:
COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA BC 509991
{__] orpereD BY COURT ISSUED BY THE CLERK OF THE COURT
4. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent):
Infosemantics, Inc., a Texas corporation, person most knowledgeable concerning topics identified in
deposition notice
2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction):
Texas
3. The deposition will be conducted (check one):
Under the supervision of a person who is authorized to administer oaths by the laws of the United States or those of the
place where the examination is to be held, and who is not otherwise disqualified under California Code of Civil Procedure
sections 2025,320 and 2025.340(b}-(f}; or
b. L_] Before (name of appointee):
who is appointed to administer oaths and to take testimony.
4. The documents or things to be produced at the time and place of the deposition are
[1] described in Attachment 4 none.
5. Additional terms required by the foreign jurisdiction to initiate the process are contained in Attachment 5. Number of pages
attached: .
6. Under California Code of Civil Procedure section 2026.010, California authorizes that a commission to take an out-of-state
deposition may be issued by the clerk of the court or, if the foreign jurisdiction requires it, by order of the court.
7. The Superior Court of the State of California hereby requests that process issue in the above-referenced place where the
examination is to be held, requiring the attendance and enforcing the obligations of the deponent to produce documents and
answer questions.
APR 16 2
4 ey
Date: is
O Judge
OR
© Clerk, by , Deputy
Court Seat ny.
4
OL, Page Volt
Form Approved for Optional Use COMMISSION TO TAKE Yelle civ. Pros., § 2026.010¢)
Judicial Council of California wwn.courinfo.ca.gov
1SC-030 [New Janvary 1, 2008} DEPOSITION OUTSIDE CALIFORNIA10
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John F. Cameron, admitted pro hac vice
Sharon R. Albrecht, admitted pro hac vice
CAMERON LAW OFFICE, CHARTERED
4470 W. 78" St. Circle, Suite 210
Bloomington, MN 55435
612-341-0394
Attorneys for Defendant
SOLUTION BEACON, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOEL HOWARD, NAREN THOTA, Case No.: BC 509991
MATT McDONOUGH, and SUSAN BEHN
NOTICE OF DEPOSITION
OF PERSON MOST KNOWLEDGEABLE
AT INFOSEMANTICS, INC.
Plaintiffs,
v.
)
)
)
)
}
SOLUTION BEACON, LLC; RJT j
COMPUQUEST, INC.; and RIT SOLUTION +)
BEACON, INC., )
)
)
Defendants.
To parties and counsel of record:
You are hereby notified that on May 19, 2014, beginning at 9:00 a.m., Defendant Solution
Beacon, LLC, will take the deposition of the person at Infosemantics, Inc., a Texas corporation
(“Infosemtanics”), most knowledgeable concerning the topics identified in this notice. The
deposition will take place at
Esquire Solutions
1700 Pacific Avenue
Suite 1000
Dallas, TX 75201
(214) 257-1436
The topics are as follows:
1. Communication between Infosemantics and any Customer (as defined below) of
Solution Beacon, LLC, from January 1, 2010, through the present.
2. Identifying information relating to such Customers, including the name and address
of the Customer, sales person handling the Customer, and the contact person at the Customer.
3. Agreements between Infosemantics and any Customer, from January 1, 2010,
through the present.
NOTICE OF DEPOSITION
OF PERSON MOST KNOWLEDGEABLE AT INFOSEMANTICS, INC.&
SC Cm Rt NOY
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As used in this notice, “Customer” shall mean any current, former, or prospective customer
or client of Solution Beacon and shall include any employee, officer, attorney, agent, contractor,
representative, parent company, or subsidiary of the customer, or anyone purporting to act on its
behalf or for its benefit.
Dated April 9, 2014 CAMERON LAW OFFICE, CHARTERED
KADEG LAW, APC
HEATHER M. KADEG, ESQ.
Zz
By: TF
Adforheys for Defendant Solution Beacon, LLC
NOTICE OF DEPOSITION
OF PERSON MOST KNOWLEDGEABLE AT INFOSEMANTICS, INC.Exhibit CSUBP-020
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Sharon Albrecht (admitted pro hac vice)
t- CAMERON LAW OFFICE CHARTERED
4470 W. 78th St. Cir,, Suite 210
Bloomington, MN’ $3435
TELEPHONE NO.: 612-341-0394 FAX NO, (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name)? Solution Beacon, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
streetappress: 11] North Hill Street
mauinc aporess: 111 North Hill Street
cry anpzipcooe. Los Angeles, CA 90012
srancu name: Central District
PLAINTIFF/PETITIONER: Joel Howard et al.
DEFENDANT/RESPONDENT: Solution Beacon, LLC, et al.
DEPOSITION SUBPOENA CASE NUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS BC 509991
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Infosemantics, Inc., a Texas corporation, 3624 Long Prairie Rd., Suite 102, Flower Mound, TX 75022
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:
Date: 5/12/2014 Time: 9:00 a.m. Address: 1700 Pacific Avenue, Suite 1000 Dallas, TX
a. [__] Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
You are ordered to produce the documents and things described in item 3.
c. £7] This deposition will be recorded stenographically {1 through the instant visual display of testimony
and by [__] audiotape [C7] videotape.
a. [7] This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
2, The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows:
See Attachment 3.
Continued on Attachment 3.
4. Ifthe witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
(—) Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1986.3 OR 1986.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
6. At the deposition, you will be asked questions under cath, Questions and answers are recorded stenographically at the deposition; later they are
transcribed for possible use at trial. You may read the written record end change any incorrect answers before you sign the deposition. You are entitled
to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition,
either with service of this subpoena or at the time of the deposition, Unless the court orders or you agree otherwise, if you are being deposed as an
individual, the deposition must take place within 75 mites of your residence or within 150 miles of your residence if the deposition will be taken within the
county of the court where the action is pending. The location of the deposition for all deponents is govemed by Code of Civil Procedure section
2025.250.
DISOBEDIENCE OF THiS SUBPOENA MAY BE PUNISHED AS CONTEMPT,BY THIS COURT. YOU WILL ByS0 SEMBLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING M_YOUR FAILURE JO OBEY.
Date issued: 4/9/14 b (Ay TA
(SIGNATURE OF PERSON ISSUING SUBPOENA)
Sharon Albrecht Attorney for Solution Beacon, LLC
(TYPE OR PRINT NAME) (Proof of service on reverse) TITLE) Page 1of2
Fo A aot DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code of Civ Procedure 85 2020.60.
sunPo00 ov oruary 12600 AND PRODUCTION OF DOCUMENTS AND THINGS 2 no een Code § 0 |
www courtinto,ca. govSUBP-020
DEFENDANT/RESPONDENT: Solution Beacon, LLC, et al.
PLAINTIFF/PETITIONER: Joel Howard et al. CASE NUMBER:
BC 509991
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
4. l served this Deposition Subpoena for Personal Appearance and Production af Documents and Things by personally delivering a
copy to the person served as follows:
a. Person served (name):
b. Address where served:
, Date of delivery:
. Time of delivery:
. Witness fees and mileage both ways (check one):
(1) [22] were paid. Amount; ..........5 $
(2) 1 were not paid
(3) [2] were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify): ....... $
f. Feeforservice: ....... beeen eee eters $
2. Ireceived this subpoena for service on (date):
3. Person serving:
a.
b.
c
d.
e
f.
g
Co
C4
EI
CI
CI
CI
Not a registered California process server
California sheriff or marshal
Registered California process server
Employee or independent contractor of a registered California process server
Exempt from registration under Business and Professions Code section 22350(b)
Registered professional photocopier
Exempt from registration under Business and Professions Code section 22451
h. Name, address, telephone number, and, if applicable, county of registration and number:
| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only}
California that the foregoing is true and correct.
\ certify that the foregoing is true and correct.
Date: Date:
(SIGNATURE) (SIGNATURE)
'SUBP-020 Rev. January 1, 2009] PROOF OF SERVICE Page 20f2
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGSSs eo me NIN DH FF YW NY
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ATTACHMENT 3 TO DEPOSITION SUBPOENA
FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
TO INFOSEMANTICS, INC.
Definitions and instructions:
1. “Documents” shall have the broadest meaning possible under the applicable rules
and specifically includes notes, drafts, and electronically stored information. Electronically stored
information shall be produced in native format, with metadata intact.
2. “Communications” shall include written or oral conversations and communications.
3. “Infosemantics” shall mean Infosemantics, Inc., its employees, officers, attorneys,
agents, contractors, representatives and anyone purporting to act on its behalf or for its benefit.
4. “Solution Beacon” shall mean Solution Beacon, LLC, its employees, officers,
attorneys, agents, contractors, representatives and anyone purporting to act on its behalf or for its
benefit.
5. “Customer” shall mean any current, former, or prospective customer or client of
Solution Beacon and shall include any employee, officer, attorney, agent, contractor, representative,
parent company, or subsidiary of the customer, or anyone purporting to act on its behalf or for its
benefit.
Documents and things to be produced:
1. All documents relating to any communication between Infosemantics and any
Customer of Solution Beacon, from January 1, 2010, through the present.
2. Documents sufficient to show the following with respect to any Customer of
Solution Beacon with which Infosemantics had any communications, from January 1, 2010, through
the present:
a. the name and address of the Customer;
b. the sales person handling the Customer;
c. the contact person at the Customer.
-1.
ATTACHMENT 3 TO DEPOSITION SUBPOENA
FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
TO INFOSEMANTICS, INC.Oo Oe YN DA DH Bw
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3. All written
2010, through the present.
agreements between Infosemantics and any Customer, from January 1,
-2-
ATTACHMENT 3 TO DEPOSITION SUBPOENA
FOR PERSONAL APPEARANCE,
AND PRODUCTION OF DOCUMENTS AND THINGS
TO INFOSEMANTICS, INC.
Preview
CAUSE NO. JOEL HOWARD, NAREN THOTA, MATT McDONOUGH, AND SUSAN BEHN IN THE DISTRICT COURT Plaintiffs, Vv. JUDICIAL DISTRICT SOLUTION BEACON, LLC; RJT COMPUQUEST, INC.; AND RJT SOLUTION BEACON, INC., OD OD OD UD UR LOD CO ER ON Con to on ea Defendants. OF DENTON COUNTY, TEXAS PETITION TO ISSUE SUBPOENAS TO APPEAR FOR DEPOSITION AND PRODUCE DOCUMENTS TO THE HONORABLE JUDGE OF SAID COURT: Solution Beacon, LLC (hereinafter “Solution Beacon”), one of the Defendants herein, petitions this Court to open a miscellaneous case for this matter so that it can issue subpoenas to appear for deposition and produce documents pursuant to Section 20.002 of the Texas Civil Practice and Remedies Code and Texas Rule of Civil Procedure 201.2. L This lawsuit is currently pending in the Superior Court of the State of California in and for the County of Los Angeles, Superior Court, Cause No. BC509991. The live pleading of such case is attached here as Exhibit A. Attached as Exhibit B and C are Commissions to Take Depositions Outside California for the corporate representative of Infosemantics, Inc., a Texas corporation. Infosemantics, Inc. has information that is material to the subject matter of this lawsuit. Solution Beacon PETITION TO ISSUE SUBPOENAS TO APPEAR EOR DEPOSITION AND PRODUCE DOCUMENTS Page 1 of 3accordingly needs to issue subpoenas to appear for deposition and produce documents to these individuals. These Commissions are attached as Exhibit B and C and are incorporated herein for all purposes. I. Solution Beacon thus requests that a cause number be assigned to this matter for the purpose of issuing subpoenas to appear for deposition and produce documents which are material to the subject matter of this lawsuit, and requests such other and further relief to which it may be justly entitled. Respectfully submitted, THE PETTIT LAW FIRM By: /s/ Julie Pettit Julie Pettit SBN: 24065971 jpettit@pettitfirm.com 3710 Rawlins, Suite 1050 Dallas, TX 75119 Tel. (214) 329-0151 Fax. (214) 329-4076 ATTORNEY FOR SOLUTION BEACON, LLC PETITION TO ISSUE SUBPOENAS TO APPEAR EOR DEPOSITION AND PRODUCE DOCUMENTS Page 2 of 3CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to all known counsel of record in this cause in accordance with the Texas Rules of Civil Procedure on this 29th day of April, 2014. /s/ Julie Pettit Via Facsimile: 323-843-9430 Cynthia M Ribas, Esq. Ribas Legal 2753 Stone View Court Los Angeles, CA 90068 Email: Cynthia.ribas@gmail.com Phone: 323-512-2105 Via Certified Mail Heather M. Kadeg, Esq Kadeg Law, APC 3625 E. Thousand Oaks Blvd, Suite 182 Westlake Village, CA 91362 Via Certified Mail Law Office of Dean Weinreich 1180 S. Beverly Drive, Suite 610 Los Angeles, CA 90035Exhibit Aree Su PLS 8 Cynthia M. Ribas, SBN 135227 RIBAS LEGAL 2753 Stone View Court Los Angeles, CA 90068 Telephone: (323) 512-2105 Facsimile: (323) 843-9430 LOS ANGELES SUPERICR COvay pt MAY 24 2013 Me opp spec BY MARY aba Attorneys for Plaintiffs JOEL HOWARD, NAREN THOTA, ‘MATT McDONOUGH and SUSAN BEHN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES JOEL HOWARD, NAREN THOTA, BC5099 9 a MATT McDONOUGH and SUSAN Case No.: . BEHN, each individuals, 3 Plaintiffs, VERIFIED COMPLAINT FOR vs. BREACH OF WRITTEN CONTRACT SOLUTION BEACON, LLC, a Minnesota Limited Liability Company, RJT COMPUQUEST, INC., a California Corporation, and DOES 1 through 50, inclusive, Plaintiffs JOEL HOWARD, NAREN THOTA, MATT McDONOUGH and SUSAN BEHN (together the “Plaintiffs”), alleges as follows: AYO A rh msSotm f= REPE Sp 1. Defendant SOLUTION BEACON, LLC, (“Solution pad a dined EB eo ef here mentioned was, a Minnesota limited liability company whose nexus Sfibikiess dperations islp a2 presently in California. ak 5 f ag oR ef * iw oO 1 H4ee VERIFIED COMPLAINT FOR BREACH OF WRITTEN CON/ERAGE 3 org1 | w Bw oN oO wm I 10 u 12 13 14 15 16 7 18 19 20 21 23 124 25 b 26 oe ol 228 ~~ 2. Defendant RIT COMPUQUEST, INC., (“RJT Compuquest”), is, and at all times here mentioned was, a California corporation, with its principal place of business located in Los Angeles County, California. 3. Plaintiff JOEL HOWARD is an individual whose residence is in Los Angeles County, California. / 4. Plaintiff NAREN THOTA is an individual whose residence is in Denton County, Texas. 5. Plaintiff MATT McDONOUGH, is an individual whose residence is in DuPage County, Ulinois. . 6. Plaintiff SUSAN BEHN is an individual whose residence is in Tarrant County, Texas. 7. The true names and capacities of defendants sued herein as DOES 1 through 50, inclusive, are unknown to Plaintiffs at this time. Plaintiffs will amend this Complaint once the true names and capacities of said DOE defendants have been ascertained. Each of the DOE defendants is responsible in some manner for the acts, omissions and/or damages alleged herein. 8. Each named defendant is, and at all times here mentioned was, the undisclosed employee and/or agent of each and every DOE defendant and was acting within the purpose and scope of that employment and/or agency in performing the acts and omissions herein alleged. 9. This Court has jurisdiction over Defendant Solution Beacon because Solution Beacon has purposely availed itself of the privilege of conducting activities in the State of California and thereby established minimum contacts sufficient to confer jurisdiction over said Defendant. The assumption of jurisdiction over Solution Beacon will not offend traditional notions of fair play and substantial justice and is consistent with the constitutional requirements of due process. . 10. Solution Beacon has had continuous and systematic contacts with the State of California sufficient to establish general jurisdiction over said Defendant. 11. The cause of action alleged in this Complaint arose from or is related to the contacts of Defendant Solution Beacon in the State of California, thereby conferring specific jurisdiction with respect to said Defendant. 2, VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACTSRPee oo Lig) ye °° Co me NY DN HW BW NN NY N YN WN y ~ ” Qa 2 8 ORe FS Saertaanrasre FIRST CAUSE OF ACTION Breach of Written Contract (Against All Defendants) 12. Plaintiffs re-allege and incorporate by reference the allegations contained in paragraphs 1 through 11 of this Complaint. 13. Onor about October 22, 2010, Plaintiff Joel Howard entered into a written agreement with Defendant Solution Beacon for the redemption of his preferred shares of stock held in the company. Said agreement called for the overall payment of $155,161.56 by Solution Beacon to Plaintiff Howard via thirteen (13) monthly payments of $11,935.50. Said amount was a discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow circumstance. The written agreement was confirmed in writing via exchange of email correspondence between Plaintiff Howard and Richard Bardy, then legal counsel and acting Chief| Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff Howard and Solution Beacon is attached hereto as Exhibit “A.” 14, At all times, Solution Beacon’s performance of the redemption agreement with Plaintiff Howard required Solution Beacon to provide payment to Plaintiff Howard in Los Angeles County, California. 15. On or about October 11, 2010, Plaintiff Naren Thota entered into a written agreement with Defendant Solution Beacon for the redemption of his preferred shares of stock held in the company. Said agreement called for the overall payment of $372,014.00 by Solution Beacon to Plaintiff Thota via thirty-six (36) monthly payments of $10,333.72. Said amount was a discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow circumstance. The written agreement was confirmed in writing via exchange of email correspondence between Plaintiff Thota and Richard Bardy, then legal counsel and acting Chief Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff Thota and Solution Beacon is attached hereto as Exhibit “B.” 16. On or about September 29, 2010, Plaintiff Matt McDonough entered into a written! agreement with Defendant Solution Beacon for the redemption of his preferred shares of stock held in the company. Said agreement called for the overall payment of $101,402 by Solution —i VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACTNe Cem WN A A B® Ww 10 u 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 Beacon to Plaintiff McDonough via ten (10) monthly payments of $13,000.00. Said amount was a discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow circumstance. The written agreement was confirmed in writing via exchange of email correspondence between Plaintiff McDonough and Richard Bardy, then legal counsel and acting Chief Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff McDonough and Solution Beacon is attached hereto as Exhibit “C.” 17. On or about November 29, 2010, Plaintiff Susan Behn entered into a written agreement with Defendant Solution Beacon for the redemption of her preferred shares of stock held in the company. Said agreement called for the overall payment of $55,131.00 by Solution Beacon to Plaintiff Behn via eight (8) monthly payments of $6,891.38. Said amount was a discounted sum that the parties negotiated so as to facilitate Solution Beacon’s then cash flow circumstance. The written agreement was confirmed in writing via exchange of email correspondence between Plaintiff Behn and Richard Bardy, then legal counsel and acting Chief Financial Officer for Solution Beacon. A copy of the redemption agreement between Plaintiff Behn and Solution Beacon is attached hereto as Exhibit “D.” 18. Plaintiffs performed all obligations and promises as required on their part to be performed per the terms of their respective redemption agreements with Solution Beacon. 19. Onor about February 1, 2011, Solution Beacon stopped making payments to the Plaintiffs per the terms of their respective redemption agreements, as here attached. In so doing, Solution Beacon has breached all four (4) of Plaintiffs’ written agreements. More specifically, Solution Beacon made only three (3) payments per its agreement with Plaintiff Howard, leaving a balance owed to him of $155,161.50. Solution Beacon made only one (1) payment per its agreement with Plaintiff Thota, leaving a balance due to him of $361,680.28. Solution Beacon made only four (4) payments per its agreement with Plaintiff McDonough, leaving a balance owed to him of $57,402.00. And Solution Beacon made only two (2) payments per its agreement with Plaintiff Behn, leaving a balance due to her of $41,231.74. 20. On multiple occasions each of the Plaintiffs have called and written to Solution Beacon seeking payment on their respective agreements. Regardless, Solution Beacon has failed 4 VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACToP YN DA HW hw NY Yb N YN YY WN =—- = — - = ® AFR AB SREBR SFSRERUREEE SBE xs and refused and continues to fail and refuse to make any further payments to any of the Plaintiffs on any of their agreements. 21. —_ Instead, on information and belief, Plaintiffs allege that on or about April 15, 2013, Solution Beacon engaged in a transaction with Defendant RJT Compuquest that amounted to a consolidation or merger of RJT Compuquest as successor and Solution Beacon as predecessor. Thus, in assuming the assets of Solution Beacon, RJT Compuquest also incurred the liabilities Solution Beacon owes to its preferred shareholders, here the Plaintiffs. More specifically, RJT Compuquest, as the successor entity, is thereby liable to Plaintiffs for the balance of their respective redemption agreements originally entered into with Solution Beacon. 22. On information and belief, Plaintiffs allege that with regard to the transaction referenced in paragraph 21 above, RIT Compuquest expressly or impliedly agreed to assume Solution Beacon’s liabilities as stated in this Complaint by benefitting from the assets Solution Beacon would not have had the valuation for but for the contributions of Plaintiffs as Solution Beacon preferred shareholders. 23. On information and belief, Plaintiffs allege that with regard to the transaction referenced in paragraph 21 above, RJT Compuquest, as the successor entity, is a mere continuation of the predecessor entity, Solution Beacon, for all intents and purposes. 24. On information and belief, Plaintiffs allege in the alternative that with regard to the transaction referenced in paragraph 21 above, any transfer of assets from Defendant Solution Beacon to Defendant RJT Compuquest was for the fraudulent purpose of escaping liability for the predecessor entity’s debts as stated in this Complaint. WHEREFORE, Plaintiffs pray for entry of judgment against Defendants, and each of them, as follows: 1. Compensatory damages in the approximate amount of $155,161.50 to Plaintiff Joel Howard; , 2. Compensatory damages in the approximate amount of $361,680.28 to Plaintiff Naren Thota; 5 VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACTLice Per ota NO oO oe YN DH Bw ww NoN yoN N KN Ny oY — eee QU eReRRBRERB SERRE ESBSH ES e e 3. Compensatory damages in the approximate amount of $57,402.00 to Plaintiff Matt McDonough; 4. Compensatory damages in the approximate amount of $41,231.74 to Plaintiff Susan Behn; 5. Pre-judgment interest on said sum at the rate of ten percent (10%) per annum, from| February 1, 2011, to the date of entry of judgment; 6. Attorneys fees and costs of suit incurred herein; and 7. For such other and further relief, including equitable remedies and injunctive relief, as this Court may deem just and proper. DATED: May 24 , 2013 RIBAS LEGAL JOEL HO 'ARD, NAREN THOTA, SUSAN BEHN AND MATT McDONOUGH $ -VERIFIED COMPLAINT.FOR BREACH OF .WRITTEN.CONTRACTEXHIBIT “A” eS es Par POTS.4uo re st Lia Ww From: JOEL HOWARD > To: Rick Bardy > Sent: Wed, October 27, 2010 1:54:38 PM > Subject: Re: > > > Rick, > > [ should have this to you this evening or early tomorrow. Have been > waiting on a few recommendations. >Thanks - Joel > > FD > From: Rick Bardy > To: JOEL HOWARD > Sent: Fri, October 22, 2010 8:38:02 AM > Subject: RE: > > > Hi Joel, > > I can get a promissory note for you if you like. However, the email below > functions as a statement of terms and should be enforceable against the company. > > If you sign the stock power and return it in this email string, you would have an > enforceable agreement for the amount listed below. | will certainly use it as an > enforceable agreement if you later ask for more than what's been offered. > > > Rick > > From:JOEL HOWARD [mailto:joelth@sbcglobal.net] > Sent: Friday, October 22, 2010 10:13 AM > To: Rick Bardy > Subject: Re: > > Thanks, Rick. Will we not execute hte redemption agreement and/or promissory > note at the same time? > > Joel >> > > > From:Rick Bardy > To: JOEL HOWARD > Sent: Wed, October 20, 2010 4:15:05 AM > Subject: RE: > Hi Joel, > > The offer still stands. SB will pay $11,935.50 starting the first week in > November, for 13 months. That represents a settlement for $153,144 together > with interest at 2.25% for an additional $2,017.56 in interest. SB will also > cover your expense payments from 2007/2008 that we've talked about. > Those will also be processed the first week of November. > > [need you and your wife to sign the attached stock power. In the section where > itasks about shares, please state “all” or “100%”. > > If you can then scan it and return it we'll be set. Please let me know if you > have any questions or concerns. > > Rick >EXHIBIT “B” eg r Paes PTSta Al Poe Lhe g From: Naren Thota [mailto:nthota@infosemantics,com] Sent: Monday, October 11, 2010 3:21 PM To: Rick Bardy Ce: pthota@infosemantics.com; ‘Naren Thota’ Subject: RE: Stock Powers Rick, Please see attached signed stock powers from each of us, for both the Common Stock and the Preferred Stock. Please let us know if you have any questions. Also, | am not sure if you have our personal banking direct deposit information, please let us know when you are ready. Thank you, Naren Naren Thota | Infosemantics, Inc. Cell: 972 365 0345 | Corporate Office: 469 941 0266 | Fax: 469 941 0267 www .infosemantics.com People First. Integrated IT Solutions. From: Rick Bardy [mailto:rick.bardy@bardylaw.com] Sent: Wednesday, October 06, 2010 10:58 AM To: nthota@infosemantics.com Subject: Stock Powers Hi Naren, I’ve attached a number of items for your review and signature. Per our conversation, you and Prasanna have various stock certificates that represent your holdings in the company. On your common stock, you have paid $25,458.57. Please, you and Prasanna each need sign one stock power as it relates to common stock. If you can designate “All” or “100%” for that amount on a separate stock power. As soon as | can arrange it, SB will forward those funds to you in one payment. I need to proceed through some steps to get that accomplished. Next, on your preferred stock please sign a separate stock power and designate all or 100% on that one, too. The amount that’s due on that is $351,222 plus a dividend of $20,792. At this point I plan to pay that over 36 months so you should expect a payment for it soon after I receive the signed stock power back of $10,333.72. Once the others that we're paying back are taken care of, SB hopes to be able to pay this obligation off to you in 24 months. | can’t promise we'll be able to do that but I will promise to try.‘ [have also included a copy of the shareholder agreement. There is a section relating to noncompetition that needs to be adhered to in order to secure your payment on : the preferred stock. In addition, you are in somewhat of a unique situation. A lot of the payments that should have been made to you were actually payments for resources. I need to insure that SB won't pay out funds to you and then have one of your employees come back and ask us for the same payment because they haven't been paid. | don’t expect this to be an issue at all, but I likely will need to do some spot checking on resources over time to see what their arrangement was with you for salary or pay and how it was accomplished. Think of it as a mini audit. Mostly, ! need to see ‘what their agreement was with you, what they were actually paid and whether there are any disputes left over. We don't have to get that accomplished right away but sometime in the next six months. Again, let me know if you have any questions or concerns. RickEXHIBIT “C”Sig From: Matthew McDonough Date: Wed, Sep 29, 2010 at 1:46 PM Subject: Re: FW: Matt To: Rick Bardy Thanks Rick. I will review everything and get back with you if I have questions. On Wed, Sep 29, 2010 at 10:15 AM, Rick Bardy wrote: Hi Matt, I've attached the documents I need you and your wife to sign and return to me. The stock power is the back side of the certificate I've attached. If you have questions about how to fill the form out, please call me. Essentially, you want to state that you are redeeming “all" or 100% of the units. Once J receive the signed scan back, $B will begin paying you $11,000 per month probably in the first week of the month until your preferred stock plus the dividend are paid out. So the total amount you'll be paid out is $101,402. $95,364.07 represents a return of your preferred stock balance and $6,038 represents a dividend. You will need to check with your tax advisor but in theory the tax treatment should be the same for all of the payments. You've held this stock since April 2008 so all of it should be treated as capital gain income rather than as ordinary income. As such, the payments are not subject to FICA tax or any other withholding tax. At $11,000 per month you should receive payments for 9 months with a partial payment in the 10th month. I know that you have expenses in the system as well as commissions that are still due. Those payments will come to you in the normal course of business and aren't really related to the preferred stock payout. Please let me know if you have any questions or concerns. As soon as I receive the signed paperwork, I'll start processing your preferred stock payments. RickSta rt lice ww 10/1/10 11/1/10 12/1/10 4afit 2/afa1 3/1/11 4/1/11 5/1/11 6/1/11 WArfar 8/1/11 9/1/11 10/1/11 1/1/11. 12/4/41 ¥frfi2 2/1/12 3/1/12 4/1/12 5/1/12 6/1/12 WAfr2 8/1/12 9/3/12 10/1/12 11/1/12 12/1/12 1/1/13 2/3/13 3/1/13 4/1/13 5/1/13 Pmt NPB PR Actual Amount Owed with Interest Principal 10809.87 10830.50 10851.12 10871.75 Interest 0.0225 190.13 169.50 148.88 128,25 107.63 107.83 108.03 108.24 108.44 108.64 108.85 109.05 109.25 109,46 109.66 109.87 110.08 110.28 110.49 110.70 110.90 111.11 111.32 111.53 111.74 111.95 112.16 112.37 112.58 112.79 113.00 113.21 Balance 101,402.00 90,402.00 79,402.00 68,402.00 57,402.00 57,509.63 57,617.46 57,725.49 $7,833.73 57,942.17 58,050.81 58,159.65 58,268.70 58,377.96 58,487.41 58,597.08 58,706.95 58,817.02 58,927.31 59,037.79 59,148.49 59,259.39 59,370.50 59,481.82 59,593.35 59,705.09 59,817.04 59,929.19 60,041.56 60,154.14 60,266.93 60,379.93 60,493.14 Paid Date Paid 11000.00 10/1/10 11000.00 11/1/10 11000.00 12/1/10 11000.00 1/1/11EXHIBIT “D”From: Rick Bardy [mailto:rick.bardy@bardylaw.com| Sent: Monday, November 29, 2010 11:50 AM To: Susan Behn Subject: RE: Stock Dividends Hi Susan, Hm still working on the buyout and conversion plan. However, the board has decided that a prerequisite of being able to convert preferred stock to our common stock is that the person agree to forego the dividend from 2009 and convert it to common stock. Shareholders who do not want to convert the preferred stock along with the dividend to common stock are going to be paid out on their preferred shares. So therefs no need to wait to process your particular payments. Since you appear to need the cash, in addition to getting the dividend, SB will pay you for your preferred stock. Currently, 1 show you with preferred stock in the amount of 52,050 shares with a dividend from your ownership of the preferred stock as of 12/31/2009 due of $3,081 for a total due to you of $55,131. Please fill out and sign the stock power. On the stock power, list that you want to redeem all of your shares. Both you and your husband need to sign the stock power. Please scan it and send it back to me. The company will begin to pay you these funds aver B payments or approximately $6,891.38 per month. These payments come to you as a return of stock or the dividend. You will need to consult with your own tax advisor but all of this should only be subject to capital gains tax. The first payment, which will be processed this month, would be taxed on your 2010 tax return. The remainder would be taxed on your 2011 return. The stock power is actually a copy of the back side of your stock certificate by the way. There is an interest rate that is due to you on this of prime minus 1% so I will prepare an amortization table showing you the actual payment. Please let me know if you have any questions or concerns. RickApproximate Future Payment Schedule 12/19/2011 - QDATA Actual Amount Owed with Interest 12/1/11 Wifi 2/afia 3/1/11 a/1f1t 5/1/14 6/1/11 WAM. 8/1/11 9/1/11 10/1/14 1naf11 12/1/11 1/1/12 2/1/12 3/1/12 4/1/12 5/1/12 6/1/12 7YA2 8/1/12 9/1/12 10/1/12 11/1/12 12/1/12 1/13 2/1/13 3/1/13 2 4/1/13 v1 5/1/13 Pmt 1 2 Principal Interest Balance Paid 0.0225 55,131.00 6846.28 103.37 48,284.72 6859.12 90.53 41,425.60 77.67 = 41,503.27 77.82 41,581.09 77.96 41,659.06 78.11 41,737.17 78.26 41,815.42 78.40 41,893.83 78.55 41,972.38 78.70 = 42,051.08 78.85 42,129.92 78.99 42,208.92 79.14 42,288.06 79.29 42,367.35 79.44 42,446.79 79.59 42,526.37 79.74 42,606.11 79.89 42,686.00 80.04 42,766.03 80.19 42,846.22 80.34 42,926.56 80.49 43,007.04 80.64 43,087.68 80.79 43,168.47 80.94 43,249.41 81.09 43,330.51 81.24 43,411.75 81.40 43,493.15 81.55 43,574.70 81.70 43,656.40 6949.65 6949.65 Date Paid 12/1/10 1i/i4wk WN oO oO 10 rf 12 13 14 15 16 17 18 19 20 21 22 53 24 225 26 3327 2 28 VERIFICATIONS I, Joel Howard, am a resident of Los Angeles county, California, and a Plaintiff in the above-entitled action. I have read the foregoing Complaint for Breach of Contract and know the contents thereof. The same is true of my own knowledge, except as to those matters therein alleged on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury that the foreeping is true and correct and that this declaration was executed in ale S ifornia. Dated: May 2/f, 2013 I, Naren Thota, am a resident of Denton county, Texas, and a Plaintiff in” the above-entitled action. I have read the foregoing Complaint for Breach of Contract and know the contents thereof. The same is true of my own knowledge, except as to those matters therein alleged on information and belief, and as to those matters, I believe them to be true. J declare under penalty of per} that this declaration was executed in Dated: May 2/, 2013 that the foregoing is Naren Thota I, Matt McDonough, am a resident of DuPage county, Illinois, and a Plaintiff in the above-entitled action. 1 have read the foregoing Complaint for Breach of Contract and know the contents thereof. The same is true of my own knowledge, except as to those matters therein alleged on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury that he foregoing is true and correct and that this declaration was executed in REE GunNty _, Minois. Dated: May 2/, 2013 Meh Madonoug Matt McDonough I, Susan Behn, am a resident of Tarrant county, Texas, and a Plaintiff in the above-entitled action. I have read the foregoing Complaint for Breach of Contract and know the contents thereof. The same is true of my own knowledge, except as to those matters therein alleged on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed in , Texas. Dated: May 2/, 2013 Susan 1 VERIFIED COMPLAINT FOR BREACH OF WRITTEN CONTRACTCM-010 LConihia M Ribas. Esa. te Saye arto: SBE 135227 @ FOR COURT USE OLY Ribas Lezal 2753 Stone View Court Los Angeles, California 90068 LO6 ANGELES SUPERIOR COURT ‘TELEPHONENO.: 323.512.2105 raxwo: 323.843.9430 7 ATTORNEY FOR tiome): Plaintiffs J. Howard, N. Thota, M. McDonough, S. Behn may ‘24 2013 [SUPERIOR COURT OF CALIFORNIA, COUNTYOF Los Angeles | street apres: 111 North Hill Street JOhn 4, ULBHKE, CLERK waunaaooress: 111 North Hill Street AA crvanpzecooe: Los Angeles, CA 90012 BY MARY FVORES, DEP! srancu name, Central District ‘CASE NAME: Joel Howard, Naren Thota, etval. v. Solution Beacon, LLC, et al. CIVIL CASE COVER SHEET Complex Case Designation "CASE NUMBER: , Unlimited — [_] Limited Oe oO BC 3509993 (Amount (Amount ‘ounter Joinder . demanded demanded is Filed with first appearance by defendant | “Y°%* exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: items 1-6 below must be completed (see instructions on page 2). 4 . Check one box below for the case type that best describes this.case: Auto Tort Gontract Provisionally Complex Civil Litigation ‘Auto (22) Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) 1] Rute 3.740 catiections (09) [1] antitrust/Trade regulation (03) Other PUPDAWD (Personal Injury/Property Other collections (09) [1 construction defect (10) DamageMrongful Death) Tort LJ insurance coverage (18) [J Mass tort (40) Asbestos (04) [1 other contract (37) [] securities tigation (28) Product liability (24) Real Property [_] environmental/Toxic tort (30) Medical malpractice (45) J] Eminent domainiinverse J insurance coverage claims arising fram the ‘Other PYPD/WD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort [1 Weangfut eviction (33) types (41) [1 ausiness torvuntair business practice (07) L] other real property (26) Enforcement of Judgment LJ civ rights (08) Untawful Detainer [1 Enforcement of judgment (20) [J pefamation (13) LJ] commercia! (31) Miscellaneous Civil Complaint LJ Fraud (16) LJ Resideniat (32) CT) rico LJ intetectuat property (19) CJ} rugs 38) 1 otter comptaint (not specitied above) (42) [] Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PUPDAWD tort (35) Asset forfeiture (05) (_] Partnership and corporate governance (21) Employment {1 Pettion re: arbtvation award (11) [=] mer petton (not specified above) (83) ‘Wrongful termination (36) ([) writ of mandate (02) (] other employment (15) [1 other judicial review (39) 2. Thiscase [_Jis [¥Jisnot complex under rule 3.400 of the Califomia Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a CI Large number of separately represented parties d. | Large number of witnesses b.(__] Extensive motion practica raising difficult or novel _e. [_] Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federa! court c.(—] Substantial amount of documentary evidence t. L_] substantial postjudgment judicial supervision 3. Remedies sought (check ail that apply): a.[Z] monetary b.[_] nonmonetary; declaratory or injunctive relief _c. [_}punitive 4. Number of causes of action (specify): 1 5. case [_lis [¥Jisnot actass action suit. 6. if !fiere are any known related cases, file’ and serve a notice of related case. (You may use MOT: Date: sMay 74 2013 O vid Cynthia M. Ribas > (TYPE OR PRINT NAME) {SIGNAPURE. ‘OR. (NEY FOR PARTY) pcs NOTICE . « Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (ce mail claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Cade). (Cal. Rules of Cobft, rule 3.220.) Failure to file may result in‘sanctions. * File this cover sheet in addition to any cover sheet required by local court rule. © If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all othér parties to the action or proceeding. . Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. as #= @ cal BC 50 9 g 9 ry Joel Howard, Naren Thota, et al. v. Solution Beacon, LLC, et al. CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Loca! Rule 2.0 in all new civil case filings In the Los Angeles Superior Court. Item |. Check the types of hearing and fill in the estimated length of hearing expected for this case: JURY TRIAL? wi ves ciassaction? L] ves umirepcase? L]yves Time esTIMATED FOR TRIAL_3__C) HouRs/ ©) pays ltem Hl. Indicate the correct district and courthouse location (4 steps — If you checked “Limited Case”, skip to Item Ill, Pg. 4): Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step 2: Check one Superior Court type of action in Column B below which best describes the nature of this case. Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule 2.0, Applicable Reasons for Choosing Courthouse Location (see Column C below) 4. Class actions must be filed in the Stanley Mosk Courthouse, central district. §, Location of property or permanently garaged vehicle. 2. be filed in central (ather county, or no bodily injury/property damage). 7. Location where petitioner resides. 3. Location where cause of action arose. 8. Location wherein Gefendantrespondent functions wholly. 4. Location where bodily injury, death or dau occurred. 9, Location where one or more of apenas reside. 5. Location where performance required or: ndant resides. 10. Location of Labor Commissioner Step 4: Fill in the information requested on page 4 in Item Hl; complete Item IV. Sign the declaration. Eo = A B c Civit Case Cover Sheet Type of Action Applicable Reasons - Category No. {Check only one) ‘See Step 3 Above g x Auto (22) 0 A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death V2 so inka CR toe — Mirta E. Ribas [TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) esifnaTuRE: ‘OF PERBON COMPLETING THIS FORM) Gorm Aparna Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL | Sur otutPoose 45 0 Noes POS.030 (New January 1, 2005) (Proof of Service)POS-030(P) 7 E NUMBER: SHORT TITLE: soward, N. Thota, et al. vs. Solution Beacon, LLC, et al, Se MEET 09991 ATTACHMENT TO PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL|(PERSONS SERVED) {This Attachment is for use with form POS-030) NAME AND ADDRESS OF EAGH PERSON SERVED BY MAIL: Name of Person Served 85 (number, and zis Kadeg Law, APC i Heather M, Kadeg, Esq. 3625 €. Thousand Oaks Blvd., Suite rat Westlake Village, California 01362 Taw Office of Dean Welnreich | Dean Weinreich, Esq. 1180 S. Beverly Drive, Suite 610 : Los Angeles, California 90035 Tarn Ante Oolaaluse ATTACHMENT TO PROOF OF SERVICE BY FIRST-CLASS Walt—CWL Page 2 of 2 Bir nanirantes 05) (PERSONS SERVED) {Proof of Service)Exhibit BDISC-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, State Bar numbar, and address): FOR COURT USE ONLY | CAMERON LAW OFFICE, CHARTERED 4470 W. 78th St. Circle, Suite 210 Bloomington, MN_ 55435 severnone wo: 612-341-0394 FAX NO. (Optra E-MA\|, ADDRESS (Optional: : ATTORNEY FOR (Name): Defendant Solution Beacon, LLC SUPERIOR GOURT OF CALIFORNIA, COUNTY OF Los Angeles streeraooress; 11] North Hill Street maiuncaporess: 111 North Hill Street crvanozipcove: Los Angeles, CA 90012 srancHname: Central District SHORT TITLE: Howard et al. v. Solution Beacon, LLC, et al. CASE NUMBER: COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA BC 509991 {__] orpereD BY COURT ISSUED BY THE CLERK OF THE COURT 4. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent): Infosemantics, Inc., a Texas corporation, person most knowledgeable concerning topics identified in deposition notice 2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction): Texas 3. The deposition will be conducted (check one): Under the supervision of a person who is authorized to administer oaths by the laws of the United States or those of the place where the examination is to be held, and who is not otherwise disqualified under California Code of Civil Procedure sections 2025,320 and 2025.340(b}-(f}; or b. L_] Before (name of appointee): who is appointed to administer oaths and to take testimony. 4. The documents or things to be produced at the time and place of the deposition are [1] described in Attachment 4 none. 5. Additional terms required by the foreign jurisdiction to initiate the process are contained in Attachment 5. Number of pages attached: . 6. Under California Code of Civil Procedure section 2026.010, California authorizes that a commission to take an out-of-state deposition may be issued by the clerk of the court or, if the foreign jurisdiction requires it, by order of the court. 7. The Superior Court of the State of California hereby requests that process issue in the above-referenced place where the examination is to be held, requiring the attendance and enforcing the obligations of the deponent to produce documents and answer questions. APR 16 2 4 ey Date: is O Judge OR © Clerk, by , Deputy Court Seat ny. 4 OL, Page Volt Form Approved for Optional Use COMMISSION TO TAKE Yelle civ. Pros., § 2026.010¢) Judicial Council of California wwn.courinfo.ca.gov 1SC-030 [New Janvary 1, 2008} DEPOSITION OUTSIDE CALIFORNIA10 1 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 John F. Cameron, admitted pro hac vice Sharon R. Albrecht, admitted pro hac vice CAMERON LAW OFFICE, CHARTERED 4470 W. 78" St. Circle, Suite 210 Bloomington, MN 55435 612-341-0394 Attorneys for Defendant SOLUTION BEACON, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES JOEL HOWARD, NAREN THOTA, Case No.: BC 509991 MATT McDONOUGH, and SUSAN BEHN NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE AT INFOSEMANTICS, INC. Plaintiffs, v. ) ) ) ) } SOLUTION BEACON, LLC; RJT j COMPUQUEST, INC.; and RIT SOLUTION +) BEACON, INC., ) ) ) Defendants. To parties and counsel of record: You are hereby notified that on May 19, 2014, beginning at 9:00 a.m., Defendant Solution Beacon, LLC, will take the deposition of the person at Infosemantics, Inc., a Texas corporation (“Infosemtanics”), most knowledgeable concerning the topics identified in this notice. The deposition will take place at Esquire Solutions 1700 Pacific Avenue Suite 1000 Dallas, TX 75201 (214) 257-1436 The topics are as follows: 1. Communication between Infosemantics and any Customer (as defined below) of Solution Beacon, LLC, from January 1, 2010, through the present. 2. Identifying information relating to such Customers, including the name and address of the Customer, sales person handling the Customer, and the contact person at the Customer. 3. Agreements between Infosemantics and any Customer, from January 1, 2010, through the present. NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE AT INFOSEMANTICS, INC.& SC Cm Rt NOY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As used in this notice, “Customer” shall mean any current, former, or prospective customer or client of Solution Beacon and shall include any employee, officer, attorney, agent, contractor, representative, parent company, or subsidiary of the customer, or anyone purporting to act on its behalf or for its benefit. Dated April 9, 2014 CAMERON LAW OFFICE, CHARTERED KADEG LAW, APC HEATHER M. KADEG, ESQ. Zz By: TF Adforheys for Defendant Solution Beacon, LLC NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE AT INFOSEMANTICS, INC.Exhibit CSUBP-020 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Sharon Albrecht (admitted pro hac vice) t- CAMERON LAW OFFICE CHARTERED 4470 W. 78th St. Cir,, Suite 210 Bloomington, MN’ $3435 TELEPHONE NO.: 612-341-0394 FAX NO, (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name)? Solution Beacon, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles streetappress: 11] North Hill Street mauinc aporess: 111 North Hill Street cry anpzipcooe. Los Angeles, CA 90012 srancu name: Central District PLAINTIFF/PETITIONER: Joel Howard et al. DEFENDANT/RESPONDENT: Solution Beacon, LLC, et al. DEPOSITION SUBPOENA CASE NUMBER: FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS BC 509991 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): Infosemantics, Inc., a Texas corporation, 3624 Long Prairie Rd., Suite 102, Flower Mound, TX 75022 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: 5/12/2014 Time: 9:00 a.m. Address: 1700 Pacific Avenue, Suite 1000 Dallas, TX a. [__] Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.) You are ordered to produce the documents and things described in item 3. c. £7] This deposition will be recorded stenographically {1 through the instant visual display of testimony and by [__] audiotape [C7] videotape. a. [7] This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2, The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: See Attachment 3. Continued on Attachment 3. 4. Ifthe witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: (—) Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1986.3 OR 1986.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 6. At the deposition, you will be asked questions under cath, Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record end change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition, Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 mites of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THiS SUBPOENA MAY BE PUNISHED AS CONTEMPT,BY THIS COURT. YOU WILL ByS0 SEMBLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING M_YOUR FAILURE JO OBEY. Date issued: 4/9/14 b (Ay TA (SIGNATURE OF PERSON ISSUING SUBPOENA) Sharon Albrecht Attorney for Solution Beacon, LLC (TYPE OR PRINT NAME) (Proof of service on reverse) TITLE) Page 1of2 Fo A aot DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code of Civ Procedure 85 2020.60. sunPo00 ov oruary 12600 AND PRODUCTION OF DOCUMENTS AND THINGS 2 no een Code § 0 | www courtinto,ca. govSUBP-020 DEFENDANT/RESPONDENT: Solution Beacon, LLC, et al. PLAINTIFF/PETITIONER: Joel Howard et al. CASE NUMBER: BC 509991 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 4. l served this Deposition Subpoena for Personal Appearance and Production af Documents and Things by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: , Date of delivery: . Time of delivery: . Witness fees and mileage both ways (check one): (1) [22] were paid. Amount; ..........5 $ (2) 1 were not paid (3) [2] were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): ....... $ f. Feeforservice: ....... beeen eee eters $ 2. Ireceived this subpoena for service on (date): 3. Person serving: a. b. c d. e f. g Co C4 EI CI CI CI Not a registered California process server California sheriff or marshal Registered California process server Employee or independent contractor of a registered California process server Exempt from registration under Business and Professions Code section 22350(b) Registered professional photocopier Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, if applicable, county of registration and number: | declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only} California that the foregoing is true and correct. \ certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) 'SUBP-020 Rev. January 1, 2009] PROOF OF SERVICE Page 20f2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGSSs eo me NIN DH FF YW NY 11 12 1B 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT 3 TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS TO INFOSEMANTICS, INC. Definitions and instructions: 1. “Documents” shall have the broadest meaning possible under the applicable rules and specifically includes notes, drafts, and electronically stored information. Electronically stored information shall be produced in native format, with metadata intact. 2. “Communications” shall include written or oral conversations and communications. 3. “Infosemantics” shall mean Infosemantics, Inc., its employees, officers, attorneys, agents, contractors, representatives and anyone purporting to act on its behalf or for its benefit. 4. “Solution Beacon” shall mean Solution Beacon, LLC, its employees, officers, attorneys, agents, contractors, representatives and anyone purporting to act on its behalf or for its benefit. 5. “Customer” shall mean any current, former, or prospective customer or client of Solution Beacon and shall include any employee, officer, attorney, agent, contractor, representative, parent company, or subsidiary of the customer, or anyone purporting to act on its behalf or for its benefit. Documents and things to be produced: 1. All documents relating to any communication between Infosemantics and any Customer of Solution Beacon, from January 1, 2010, through the present. 2. Documents sufficient to show the following with respect to any Customer of Solution Beacon with which Infosemantics had any communications, from January 1, 2010, through the present: a. the name and address of the Customer; b. the sales person handling the Customer; c. the contact person at the Customer. -1. ATTACHMENT 3 TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS TO INFOSEMANTICS, INC.Oo Oe YN DA DH Bw 10 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 28 3. All written 2010, through the present. agreements between Infosemantics and any Customer, from January 1, -2- ATTACHMENT 3 TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE, AND PRODUCTION OF DOCUMENTS AND THINGS TO INFOSEMANTICS, INC.