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1 Ray T. Rockwell (SBN: 78902)
J. Garret Deal (SBN: 249934)
LAW OFFICES OF RAY T. ROCKWELL
'3 Morello Avenue, Suite 240 SAN MATEO COUNTY
2255
Pleasant Hill, CA 94523 AUr
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(925) 932-7785 Phone
Qlerk of $ Spporior Qouit
(925) 262-2379Fax
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Attorneys for PLAINTIFF
WESTSIDE BUILDINGMATERIALSCORP.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
12 WESTSIDE BUILDINGMATERIALS Case No.:
CORP.
Plaintiff, COMPLAINT FOR:
14 (1) OPEN BOOK ACCOUNT;
vs. (2) FOR GOODS SOLD, SERVICES
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RENDERED, FURNISHED AND
16 PRO QUALITYBUILDERS, INC., SUPPLIED;
JONATHAN WONG and JENNIFER (3) BREACH OF CONTRACT; and
YINGTONG LIU and DOES 1through 10, (4) TO FORECLOSE MECHANICS'IEN
18 inclusive,
Defendants.
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22 ("Plaintiff') alleges:
Plaintiff, WESTSIDE BUILDINGMATERIALS CORP.
FIRST CAUSE OF ACTION
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(Open Book Account)
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1. Plaintiff is unaware of the true names and/or capacities of defendants named DOES
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one through ten, inclusive, and each of them, and prays for leave to amend this Complaint when
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their true names and capacities are ascertained.
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COMPLAINT
30 WESTSIDE BUILDING Law Offices of Ray T. Rockwell
MATERIALCORP. v. 22SS Morello Avenue, Suite 24o
PRO QUALITYBUILDERS et al. PleasantHill, California 9/523
2. At all times herein mentioned, defendants were the corporations, partnerships, joint
ventures and/or individuals as set forth in the caption hereof, which is incorporated by reference
herein. Venue is properly within this judicial district in that the sale and/or furnishing of the
goods, services, or monies as set forth below occurred or was to occur herein, or on any other
basis as allowed by law.
3. Within the four (4) years past, prior to the commencement of this action within this
judicial district, defendants, and each of them, became and still areindebted to Plaintiff, who
sold and delivered to said defendants, and each of them, at their special instance and request,
goods, wares, and merchandise, and/or furnished rented, and supplied services and labor and/or
10 loaned, advanced, and supplied for consideration, money, funds, credit, cash, checks, and the like
to said defendants, and each of them, at agreed prices upon open book accounts in the sums set
12 forth opposite their names, for which said goods and/or services had a total price at the time of
13 their sale and/or delivery likewise in the amounts set forth below, and which said goods, wares,
14 and merchandise and/or services and labor and/or money, funds, credit, checks, and cash had a
15 reasonable value all as set forth below.
16 4.. Although demand has been made, defendants, and each of them, have failed and
17 refused, and continue to fail and refuse to pay said indebtedness and every part thereof even
18 though the same and every part thereof is now due, payable and unpaid. Interest has accrued in
19 the amount as set forth below at the legal rate and accrues from and after the date set forth
20 therein until judgment is entered.
21 5. Plaintiff is a corporation doing business in the State of California, whose appropriate
22 regulatory licensing or political subdivisions, agencies, departments, or the like, have issued to
23 Plaintiffthe appropriate licenses, certificates, permits or permissions to sell or furnish the above
24 goods or services.
25 6. The claim of indebtedness sued herein is not subject to the provisions of Civil Code $(
26 1812.10 or 2984.4 because said iridebtedness did not arise from a retail installment contract or
under a contract for the purchase and/or financing of a motor vehicle.
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30 WESTSIDE BUILDING Law Offices of Ray T. Rockwell
MATERIALCORP.v. 22SS Morello Avenue, Suite 240
PRO QUALITYBUILDERS et al. PleasantHill, California g4S2S
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1 7. At all times herein defendants, and each of them, are and were the agents, employees,
2 and servants of each other, and all of the same, and are and were acting within the course and
3 scope of their agency and employment.
4 SECOND CAUSE OF ACTION
(Goods and Services Rendered)
6 8. Plaintiff hereby incorporates Paragraphs lthrough 7, inclusive, of the First Cause of
7 Action herein as though fully set forth herein.
8 9. Within the past two (2) years and prior to the commencement of this action, an
9 account was stated in writing by and between Plaintiff and defendants, and each of them, in the
10 amounts set forth below.
THIRD CAUSE OF ACTION
12 (Breach of Contract)
13 10. Plaintiffhereby incorporates Paragraphs 1 through 9 of the First and Second Causes
14 of Action as though fully set forth herein.
15 11. Within the past four (4) years, prior to the commencement of this action, said
16 defendants, and each of them, executed a written agreement with Plaintiff whereby defendants,
17 and each of them, agreed to assume full responsibility for the obligation as set forth below.
18 12. Plaintiff and Defendant PRO QUALITYBUILDERS (hereinafter "PRO
19 QUALITY") are merchants as contemplated by California Commercial Code g 2201, and, as
20 such, within a reasonable time of each transaction period, Plaintiff sent Defendant PRO
21 QUALITYa written statement, billing invoice, writing, or confirmation of the transactions
22 occurring in the preceding period, that Defendant PRO QUALITYhad reason to know of its
23 contents and failed to provide written notice of objection to its contents within ten (10) days Wer
24 their receipt.
25 13. Defendant PRO QUALITYhas failed to pay the amounts set forth below and, as
26 such, has breached the terms of the agreement entered into with Plaintiff. As a result of said
27 breach Defendant PRO QUALITYowes and continues to owe Plaintiff the amount set forth
28 below.
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30 WESTSIDE BUILDING Law Offices of Ray T. Rockwell
MATERIALCORP. v. 2255 Morello Avenue, Suite 240
PRO QUALITYBUILDERS et al. PleasantHill, California 94523
FOURTH CAUSE OF ACTION
(Foreclosure on Mechanics'ien)
14. Defendant PRO QUALITYis, and at all times herein mentioned, was a corporation,
organized and existing under the laws of California and doing business in Santa Clara County.
Defendants JONATHAN WONG ("WONG") and JENNIFER YINGTONG LIU ("LIU")are
and at all times mentioned were natural persons owning certain real property commonly known
8 as 215 Surfbird Isle, Foster City, California 94404 (APN 094-172-290).
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15. At all times herein mentioned, WONG and LIU were the owners or reputed owners
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of that certain real property situated in Santa Mateo County, California, described as 215
12 Surfbird Isle, Foster City, California (APN 094-172-290). Plaintiff is informed and believes
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WONG and LIU retained PRO QUALITYto perform construction services on the above-
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mentioned real property.
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16 16. On or before April 17, 2013, Plaintiffprovided to PRO QUALITYconstruction
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materials including drywall, lath, plastic and related materials for use at the above-described real
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property.
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20 17. On or before April 17, 2013, Plaintiff supplied PRO QUALITYwith construction
21 related materials worth approximately $ 5,370.22 for work performed for the benefit of PRO
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QUALITY,WONG and LIU.
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24 18. Plaintiff is informed and believes and thereon alleges that the materials supplied by
25 Plaintiff were actually used in the construction of the works of improvement described herein as
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215 Surfbird Isle, Foster City, California, 94404.
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19. After Plaintiff finished providing its plaster and related building materials Plaintiff
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29 duly filed and recorded on April 26, 2013 a Claim of Lien duly verified by the oath of Bill
COMPLAINT
30 WESTSIDE BUILDING Law Offices of Ray T. Rockwell
MATERIALCORP. v. 22SS Morello Avenue, Suite 240
PRO QUALITYBUILDERS et al. PleasantHill, California 94523
1 Blasingame, PlaintifFs General Manager, a true and correct copy of which is attached hereto as
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Exhibit A, and made a part herein by reference.
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20. In this Claim of Lien, plaintiffclaimed a Mechanics'ien on the work of
improvement of the real property for the amount of the unpaid sum of $ 5,370.22 which is the
reasonable value of all materials, services and equipment Plaintiffhas furnished. Plaintiff has
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further incurred the indebtedness the sum of $ 18.00 the necessary cost of recording and verifying
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Ole Claim of Lien. Defendants WONG and LIU have some right, title or interest in the above-
10 described real property. The exact nature of which claims is unknown to plaintiffbut which
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claims are subject and subordinate to the Claim of Lien of Plaintiff.
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PRAYER
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14 WHEREFORE, Plaintiff prays judgment as follows:
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1. For the sum of $ 5,370.22 principal together with interest at the rate of 18% per
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annum from the date each invoice was due to the date of entry ofjudgment.
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2. Adjudging on the Third Cause of Action that the rights, claims, ownership, liens,
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19 titles and demands of Defendants, and each of them, in the above-described real property are
subsequent to and subject to the lien of Plaintiff.
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3. Adjudging on the Third Cause of Action that the Mechanics'ien claimed in the
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23 Claim of Lien, referred to above as Exhibit A, be foreclosed, and that the usual judgment be
24 made for the sale of the property according to law by a commissioner to be appointed by the
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court; that the proceeds of the sale be applied in payment of the amounts including interest at the
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rate of 10% per annum from April 17, 2012, to date of entry ofjudgment due to Plaintiff; that
28 each of the Defendants and all persons claiming under any of them, subsequent to the
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30 WESTSIDE BUILDING Law Offices of Ray T. Rockwell
MATERIALCORP. v. 22SS Morello Avenue, Suite 240
PRO QUALITYBUILDERS et al. PleasantHill, California 94523
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1 Mechanics'ien of the Plaintiff, whether as lien claimants, judgment creditors, purchasers,
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encumbrancers, or othermse, be barred and foreclosed &om all rights, claims, interests, or equity
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of redemption in the property and every part of the property when time for redemption has
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5 passed.
4. Permitting Plaintiffto become a purchaser at the foreclosure sale.
5. For reasonable attorney's fees to be determined by the Court.
6. For costs of suit herein incurred.
10 For such other and further relief as the court may deem proper.
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13 Dated LAW OFFICES OF RAY T. ROCKWELL
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By: RAY T. ROCKWELL
J GARRET DEAL
17 Attorneys for PLAINTIFF
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WESTSIDE BUILDINGMATERIALS
CORP.
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30 WESTSIDE BUILDING Law Offices of Ray T. Rockwell
MATERIALCORP. v. 22SS Morello Avenue, Suite 240
PRO QUALITYBUILDERS et al. PleasantHill, California 94523
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RECORDING REQUESTED BY
2013-062930
9:01 am 04/26/1 3 MLL Fee:18.00
Westside Building Material Corp. Count of Pages 2
Recorded in Official Records
WHEN RECORDED MAILTO County of San
Mark Church
Mateo
I Assessor&oun Clerk-Recorder
Westside Building Material Corp.
1111 E. Howell Avenue IIII! fl'll I I'I
Anaheim, CA 92805 * R 0 0 0 1 6 4 7 9 5 *
Attn: Brian Buchholz
I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MECHANICS'IEN
(Claim of Lien)
NOTICE IS HEREBY GIVEN: That Westside Building Material Corp., as claimant, claims a lien for
labor, services, equipment, and/or materials under Section 8410 et seq. of the Civil Code of theState of
California, upon the pi ouiises hereinafter described, and upon every estate or interest in such structures,
improvements and premises held by any party holding any estate therein.
Said labor, service, equipment or materials were furnished for the construction of those certain building,
improvements, or structures now upon that certain parcel of land situated in the County of San Mateo,
State of California, said land described as follows:
STREET ADDRESS: 215 SURFBIRD ISLE, FOSTER CITY, CA 94404
APN¹ 094-172-290
Said lien is claimed for the fol)ov ing labor, services, equipment or materials: Drywall, lath, plaster and
all related materials.
Amount due after deducting all just creditsand offsets: $ 5,370.22
The name of the person or company by whom claimant was employed or to whom claimant furnished
labor, services, equipment, or materials is Pro Quality Builders, 1325 E Julian St,Ste A, San Jose, CA
95116.
That JONATHAN WONG & JENNIFER YINGTONG LIU, 215 SURFBIRD ISLE, FOSTER CITY,
CA 94404, is thereputed owner(s) of said building and/or premises, or has some interesttherein.
Date: April 17, 2013 Westside Building Material Corp.
By:W~
l3i~ingame / GenerartQhnager
VERIFICATION
I, the undersigned, state that I am the General Manager of the claimant named in the foregoing
mechanics'ien and know the contents thereof, and I certify that thesame is true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing
is trueand correct.
Executed on April 17, 2013 atOakland, California,