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HAROLD B. GLASSBERG, State Bar No. 55669
GLASSBERG, POLLAK 8z ASSOCIATES
425 California Street, Suite 850
San Francisco, CA 94104-2193 8W V@TtOCOU~~'EC
(415) 291-8320
(415) 291-8111 fax g 9 N~~
gpa@glassberg-pollak.corn of the os "oun,
Attorneys for Plaintiff
Our File No.: 141855
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
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UNLIMITEDCIVILJURISDICTION
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CLP RESOURCES, INC., a corporation, ) Case No.:
)
13 Plaintiff, ) C)V53190~
) COMPLAINT FOR MONEY
14 vs. ) DUE FOR GOODS SOLD AND
15 ) DELIVERED AND/OR
ALL STATES ELECTRIC SERVICES CORP., a ) SERVICES RENDERED
corporation aka ALL STATES ELECTRIC )
SERVICES CORPORATION; CARLOS ALBERTO ) ($ 33, 172.28)
GARCIA MANZANARES, individually and dba )
ALL STATES ELECTRIC SERVICES; and )
DOES 1 through 50, inclusive, )
19 )
Defendants. )
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)
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FIRST CAUSE OF ACTION
22 (Money due against all defendants)
23 Plaintiff complains of Defendants, and each of them, and for a First Cause
24 of Action, alleges as follows:
25 1. That Defendants, DOE 1 through DOE 50, inclusive, are unknown to
Plaintiff, who therefore sues said Defendants by such fictitious names, and
Plaintiff will amend this Complaint to show their true names and capacities
when the same have been ascertained.
COMPLAINT FOR MONEY DUE - I
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2. The obligation sued upon herein was incurred within the jurisdiction
of the above-entitled Court.
3. Plaintiff is a corporation transacting business in interstate commerce
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and/or is authorized to transact business within the State of California.
4. The claim of indebtedness sued upon herein is not subject to the
provisions of Section 1812.10 and Section 2984.4 of the Civil Code for the
reason that said indebtedness did not arise from a retail installment contract
or under a contract pertaining to the purchase and/or financing of a motor
vehicle.
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5. Within two (2) years last past, and prior to the commencement of this
action, Defendants, and each of them, became indebted to Plaintiff in the sum
of $ 33,172.28 for goods sold and delivered and/or services rendered to
Defendants, and each of them, by Plaintiff at the request of Defendants, and
'4 each of them.
6. On or about November 28, 2013, demand was made upon Defendants,
and each of them, for the sum due, but Defendants, and each of them, have
not paid said sum, or any part thereof, and there is now due, owing and
unpaid from Defendants, and each of them, said sum, together with interest
thereon at the rate of ten percent (10/o) per annum from and after said date.
20 At all times mentioned
7. herein, Defendants, ALL STATES ELECTRIC
SERVICES CORP., a corporation aka ALL STATES ELECTRIC SERVICES
CORPORATION, and DOE 1 were corporations organized and doing business
under the laws of the State of California or were doing business in the State of
'4 California.
8. At all times mentioned herein, Defendant, CARLOS ALBERTO GARCIA
MANZANARES, was doing business under the common name of ALL STATES
ELECTRIC SERVICES.
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COMPLAINT FOR MONEY DUE - 2
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9. Plaintiff is informed and believes and on that basis alleges that there
exists, and at all times herein mentioned there existed, a unity of interest
between and among the defendants such that any individuality and
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separateness between them has ceased, that each of said defendants is the
alter ego of the other defendants in that each defendant corporation was
undercapitalized and was completely controlled, dominated and managed by
the other defendants for their own convenience and benefit, and that
adherence to the fiction of the separate existence of each defendant would
sanction fraud and promote injustice.
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SECOND CAUSE OF ACTION
(Book Account)
12 10. Plaintiff herein incorporates by reference each and every allegation
contained in Paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the First Cause of Action
14 as though fully set forth and pleaded herein.
is 11. Within four (4) years last past, Defendants, and each of them, became
indebted to Plaintiff in the sum of $ 33,172.28 as and for a balance due on an
17 open book account for goods sold and delivered and/or services rendered to
is Defendants, and each of them, by Plaintiff at the request of Defendants, and
is each of them.
20 12. The said goods and/or services were sold and delivered on an open
21 book account and were not primarily for personal, family or household
22 purposes. Pursuant to the provisions of Section 1717.5 of the Civil Code,
23 Plaintiff is entitled to reasonable attorney's fees of $ 1,000.00.
24 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of
25 them, as follows:
1. For damages in the amount of $ 33,172.28;
27 2. For interest on said amount at the rate of ten percent (100/0) per
28 annum from November 28, 2013;
COMPLAINT FOR MONEY DUE - 3
3. For attorney's fees in the sum of $ 1,000.00 pursuant to the provisions
of Section 1717.5 of the Civil Code;
4. For costs of suit incurred herein; and
5. For such other and further relief as this Court may deem just and
proper.
Dated: December 24, 2014 GLASSBERG, POLLAK 8z ASSOCIATES
By:
10 OQ3 B. GLASSBERG
Attorneys for Plaintiff
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COMPLAINT FOR MONEY DUE - 4
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HAROLD B. GLASSBERG, State Bar No. 55669 GLASSBERG, POLLAK 8z ASSOCIATES 425 California Street, Suite 850 San Francisco, CA 94104-2193 8W V@TtOCOU~~'EC (415) 291-8320 (415) 291-8111 fax g 9 N~~ gpa@glassberg-pollak.corn of the os "oun, Attorneys for Plaintiff Our File No.: 141855 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 UNLIMITEDCIVILJURISDICTION 12 CLP RESOURCES, INC., a corporation, ) Case No.: ) 13 Plaintiff, ) C)V53190~ ) COMPLAINT FOR MONEY 14 vs. ) DUE FOR GOODS SOLD AND 15 ) DELIVERED AND/OR ALL STATES ELECTRIC SERVICES CORP., a ) SERVICES RENDERED corporation aka ALL STATES ELECTRIC ) SERVICES CORPORATION; CARLOS ALBERTO ) ($ 33, 172.28) GARCIA MANZANARES, individually and dba ) ALL STATES ELECTRIC SERVICES; and ) DOES 1 through 50, inclusive, ) 19 ) Defendants. ) 20 ) 21 FIRST CAUSE OF ACTION 22 (Money due against all defendants) 23 Plaintiff complains of Defendants, and each of them, and for a First Cause 24 of Action, alleges as follows: 25 1. That Defendants, DOE 1 through DOE 50, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff will amend this Complaint to show their true names and capacities when the same have been ascertained. COMPLAINT FOR MONEY DUE - I I / F~, r 4q ~'~+@ 4' 2. The obligation sued upon herein was incurred within the jurisdiction of the above-entitled Court. 3. Plaintiff is a corporation transacting business in interstate commerce 4 and/or is authorized to transact business within the State of California. 4. The claim of indebtedness sued upon herein is not subject to the provisions of Section 1812.10 and Section 2984.4 of the Civil Code for the reason that said indebtedness did not arise from a retail installment contract or under a contract pertaining to the purchase and/or financing of a motor vehicle. 10 5. Within two (2) years last past, and prior to the commencement of this action, Defendants, and each of them, became indebted to Plaintiff in the sum of $ 33,172.28 for goods sold and delivered and/or services rendered to Defendants, and each of them, by Plaintiff at the request of Defendants, and '4 each of them. 6. On or about November 28, 2013, demand was made upon Defendants, and each of them, for the sum due, but Defendants, and each of them, have not paid said sum, or any part thereof, and there is now due, owing and unpaid from Defendants, and each of them, said sum, together with interest thereon at the rate of ten percent (10/o) per annum from and after said date. 20 At all times mentioned 7. herein, Defendants, ALL STATES ELECTRIC SERVICES CORP., a corporation aka ALL STATES ELECTRIC SERVICES CORPORATION, and DOE 1 were corporations organized and doing business under the laws of the State of California or were doing business in the State of '4 California. 8. At all times mentioned herein, Defendant, CARLOS ALBERTO GARCIA MANZANARES, was doing business under the common name of ALL STATES ELECTRIC SERVICES. 28 COMPLAINT FOR MONEY DUE - 2 c ~ > 9. Plaintiff is informed and believes and on that basis alleges that there exists, and at all times herein mentioned there existed, a unity of interest between and among the defendants such that any individuality and 4 separateness between them has ceased, that each of said defendants is the alter ego of the other defendants in that each defendant corporation was undercapitalized and was completely controlled, dominated and managed by the other defendants for their own convenience and benefit, and that adherence to the fiction of the separate existence of each defendant would sanction fraud and promote injustice. 10 SECOND CAUSE OF ACTION (Book Account) 12 10. Plaintiff herein incorporates by reference each and every allegation contained in Paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the First Cause of Action 14 as though fully set forth and pleaded herein. is 11. Within four (4) years last past, Defendants, and each of them, became indebted to Plaintiff in the sum of $ 33,172.28 as and for a balance due on an 17 open book account for goods sold and delivered and/or services rendered to is Defendants, and each of them, by Plaintiff at the request of Defendants, and is each of them. 20 12. The said goods and/or services were sold and delivered on an open 21 book account and were not primarily for personal, family or household 22 purposes. Pursuant to the provisions of Section 1717.5 of the Civil Code, 23 Plaintiff is entitled to reasonable attorney's fees of $ 1,000.00. 24 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of 25 them, as follows: 1. For damages in the amount of $ 33,172.28; 27 2. For interest on said amount at the rate of ten percent (100/0) per 28 annum from November 28, 2013; COMPLAINT FOR MONEY DUE - 3 3. For attorney's fees in the sum of $ 1,000.00 pursuant to the provisions of Section 1717.5 of the Civil Code; 4. For costs of suit incurred herein; and 5. For such other and further relief as this Court may deem just and proper. Dated: December 24, 2014 GLASSBERG, POLLAK 8z ASSOCIATES By: 10 OQ3 B. GLASSBERG Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR MONEY DUE - 4