On September 04, 2019 a
Complaint,Petition
was filed
involving a dispute between
and
for Other Contract Unlimited (37)
in the District Court of Santa Clara County.
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CAPITINA LAW OFFICE
Michael Capitina, Esq. (SBN 139905)
372 Castro Street
Mountain View, CA 94041
Telephone: (650) 967-6904
Fax: (650) 967-7006
Email: michael@capitinalawoffice.com
Attorneys for Defendants
Marc E. Poirier and Anne E. Poirier,
trustees of
The Poirier Family Revocable Trust Dated June-10, 1987
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
JEREMY ROVINSKE,
Plaintiff, Case No. 19CV354297
CROSS-COMPLAINT
of Defendants Marc E. Poirier and
Anne E. Poirier, trustees of
the Poirier Family Revocable Trust
Dated June 10, 1987
v.
MARC E. POIRIER AND ANNE E.
POIRIER trustees of the Poirier Family
Revocable Trust Dated June 10, 1987,
etal,
Defendants.
MARC E. POIRIER AND ANNE E.
POIRIER trustees of the Poirier Family
Revocable Trust Dated June 10, 1987,
Cross-Gomplainants,
v.
JEREMY ROVINSKE, DOES One
through Ten; inclusive,
Cross-Defendants.
ee ee ete ee
CROSS-COMPLAINT i of 3Cross-Complainants complain of Cross-Defendants, and each of them, and allege:
GENERAL ALLEGATIONS
Parties
1, Cross-Complainants do not knowthe true names and capacities of the Cross-
Defendants sued herein. as DOES 1 through 10, inclusive, and therefore sue such fictitious
Cross-Defendants by such fictitious names. Cross-Complainants will amend this complaint
to state the true names and capacities of said Cross-Defendant's when the same become
known to Cross-Complainants. Cross-Complainants are informed and believe, and on that
basis allege, that each of said fictitious Cross-Defendants is responsible for the matters
alleged herein and proximately caused the damages complained of herein.
2. Cross-Complainants are informed and believe, and on that basis allege, that
oh each occasion mentioned herein, each of the Cross-Defendant Does was the agent
and/or employee of each of the other Cross-Defendants mentioned herein and was acting
within the scope and course of his agency and/or employment at the times and. places
mentioned herein. All acts alleged to have been done by each Doe Cross-Defendant was
both ratified and authorized by the remaining Cross-Defendants.
3. Atalltimes mentioned in this complaint, Cross-Complainants are trustees of
the Poirier Family Revocable Trust Dated June 10, 1987.
4. Cross-Complainants are informed and believe and thereupon allege that
Cross Defendant. Jeremy Rovinske is an individual.
FIRST CAUSE OF ACTION
Declaratory Relief
All Cross-Defendants.
5. Cross-Complainants incorporate into this cause of action the allegations of
paragraphs One through Four.
6. An actual controversy has arisen and now exists between Cross-
Complainants and Cross-Defendants concerning their respective rights and duties
concerning shares in National Mailing Services, Inc. Cross-Complainants contend they
are entitled to a continuing ownership of all shares of National Mailing Services, Inc.
CROSS-COMPLAINT 20f3Cross-Defendants contend they are entitled to certain shares of those shares of National
Mailing Services, Inc. This claim is based upon certain written agreements between the
parties.
9. Cross-Complainants desire a judicial determination of his/her rights and
duties with respect to the shares of National Mailing Services, Inc.
10. A judicial declaration is necessary and appropriate at this time under the
circumstances in order that Cross-Complainants may ascertain his/her/its rights and duties
caused by the unsettled state of affairs.
11. | The written agreements between the parties provide for attorneys fees to the
prevailing party in this litigation.
WHEREFORE, Cross-Complainants pray judgment against Cross-Defendants, and
each of them, as follows:
Te For a declaration that of Cross-Complainants rights and duties with respect
to shares of National Mailing Services, Inc.
2: For reasonable attorneys fees;
3. For costs of suit herein incurred; and
4. For such other and further relief as the court may deem proper.
CAPITINA LAW OFFICE
Attorneys for
Marc E. Poirier and Anne E. Poirier
trustees of
the Poirier Family Revocable Trust
Dated June 10, 1987
patep:_| &/. rl 19 By: Peacbede indy
Attorney at Law
CROSS-COMPLAINT 3 of 3
Document Filed Date
December 12, 2019
Case Filing Date
September 04, 2019
Category
Other Contract Unlimited (37)
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CAPITINA LAW OFFICE Michael Capitina, Esq. (SBN 139905) 372 Castro Street Mountain View, CA 94041 Telephone: (650) 967-6904 Fax: (650) 967-7006 Email: michael@capitinalawoffice.com Attorneys for Defendants Marc E. Poirier and Anne E. Poirier, trustees of The Poirier Family Revocable Trust Dated June-10, 1987 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA JEREMY ROVINSKE, Plaintiff, Case No. 19CV354297 CROSS-COMPLAINT of Defendants Marc E. Poirier and Anne E. Poirier, trustees of the Poirier Family Revocable Trust Dated June 10, 1987 v. MARC E. POIRIER AND ANNE E. POIRIER trustees of the Poirier Family Revocable Trust Dated June 10, 1987, etal, Defendants. MARC E. POIRIER AND ANNE E. POIRIER trustees of the Poirier Family Revocable Trust Dated June 10, 1987, Cross-Gomplainants, v. JEREMY ROVINSKE, DOES One through Ten; inclusive, Cross-Defendants. ee ee ete ee CROSS-COMPLAINT i of 3Cross-Complainants complain of Cross-Defendants, and each of them, and allege: GENERAL ALLEGATIONS Parties 1, Cross-Complainants do not knowthe true names and capacities of the Cross- Defendants sued herein. as DOES 1 through 10, inclusive, and therefore sue such fictitious Cross-Defendants by such fictitious names. Cross-Complainants will amend this complaint to state the true names and capacities of said Cross-Defendant's when the same become known to Cross-Complainants. Cross-Complainants are informed and believe, and on that basis allege, that each of said fictitious Cross-Defendants is responsible for the matters alleged herein and proximately caused the damages complained of herein. 2. Cross-Complainants are informed and believe, and on that basis allege, that oh each occasion mentioned herein, each of the Cross-Defendant Does was the agent and/or employee of each of the other Cross-Defendants mentioned herein and was acting within the scope and course of his agency and/or employment at the times and. places mentioned herein. All acts alleged to have been done by each Doe Cross-Defendant was both ratified and authorized by the remaining Cross-Defendants. 3. Atalltimes mentioned in this complaint, Cross-Complainants are trustees of the Poirier Family Revocable Trust Dated June 10, 1987. 4. Cross-Complainants are informed and believe and thereupon allege that Cross Defendant. Jeremy Rovinske is an individual. FIRST CAUSE OF ACTION Declaratory Relief All Cross-Defendants. 5. Cross-Complainants incorporate into this cause of action the allegations of paragraphs One through Four. 6. An actual controversy has arisen and now exists between Cross- Complainants and Cross-Defendants concerning their respective rights and duties concerning shares in National Mailing Services, Inc. Cross-Complainants contend they are entitled to a continuing ownership of all shares of National Mailing Services, Inc. CROSS-COMPLAINT 20f3Cross-Defendants contend they are entitled to certain shares of those shares of National Mailing Services, Inc. This claim is based upon certain written agreements between the parties. 9. Cross-Complainants desire a judicial determination of his/her rights and duties with respect to the shares of National Mailing Services, Inc. 10. A judicial declaration is necessary and appropriate at this time under the circumstances in order that Cross-Complainants may ascertain his/her/its rights and duties caused by the unsettled state of affairs. 11. | The written agreements between the parties provide for attorneys fees to the prevailing party in this litigation. WHEREFORE, Cross-Complainants pray judgment against Cross-Defendants, and each of them, as follows: Te For a declaration that of Cross-Complainants rights and duties with respect to shares of National Mailing Services, Inc. 2: For reasonable attorneys fees; 3. For costs of suit herein incurred; and 4. For such other and further relief as the court may deem proper. CAPITINA LAW OFFICE Attorneys for Marc E. Poirier and Anne E. Poirier trustees of the Poirier Family Revocable Trust Dated June 10, 1987 patep:_| &/. rl 19 By: Peacbede indy Attorney at Law CROSS-COMPLAINT 3 of 3