Preview
PLD-C401
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stets Sar numdm and address).
FOR COURT USE ONL Y
David A. Fike (¹95325)
Fike & Boranian
401 Clovis Ave., Ste. 202
Clovis, CA 93612
TELEPHONE No (559) 229-2200 FAX NO. (Optional).
(Qplional)'ftke(afikebcranianlaW.COm
E-MAIL ADDRESS
Plaintiff
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
SmEET ADORESS 1130 nOn Street
MAtumc ADORESS1130 nOn Street
OITYANDzIPODDE:Fresno, CA 93724 E-FILED
BRANcH NAME:B.F. Sisk Courthouse 10/7/2020 11:08 AM
PLAINTIFF: Vincent LsNovara
Superior Court of California
County of Fresno
DEFENDANT: Aerial Solutions, Inc.
By: J. Nelson, Deputy
~x DOES 1 TO 10
CONTRACT
~x COMPLAINT AMENDED COMPLAINT (Number)(
CROSS-COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number)(
~Jurisdiction (check all that apply):
~
ACTION IS A LfMITED CIVIL CASE
CASE NUMBER
Amount demanded
~ does not exceed $ 10,000
exceeds $ 10,000 but does not exceed $ 25,000 20CECG02954
~
~x ACTION IS AN UNLIMITED CIVIL CASE (exceeds $ 25,000)
~
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
1.
~ from limited to unlimited
from unlimited to limited
Plaintiff'name or names):
Vincent LaNovara
alleges causes of action against defendant* (name or names):
Aerial Solutions, Inc.
2. This pleading, including attachments and exhibits, consists of the following number of
pages: 6
3. a.
~Each plaintiff named above is a competent adult
~
except plaintiff (name):
(1)
~ a corporation qualified to do business in California
~~~
(2) an unincorporated entity (describe)(
(3) other(specify):
b. Plaintiff(name)(
a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
c. ~~
b. has comphed with all licensing requirements as a licensed (specify)(
Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a.
~x
Each defendant named above is a natural person
~
except defendant (name)(Aerial Solutions, Inc. ~ ~
except defendant (name):
(1)
(2)
(3) ~
~x
a business organization, form unknown
a corporation
an unincorporated entity (describe):
(1)
(2)
(3)
~
~
a business organization, form unknown
a corporation
an unincorporated entity (describe):
(4) ~ a entity(describe):
public (4) ~ a (descnbe)
public entity
(5) ~ other (specify)(
'f this form
is
(5) ~ other (specify):
Pase1of2
used as a cross-compte nt, plaintiff means cross-complainant and defendant means cross-defendant
Form Approved for Opuonal Use
Judimal Counol of California
COMPLAINT— Contract Procedure. 1 S20 12
Code of C v
I
P D-C-001 (Rev Januarv1,2007)
PLD-C-001
SHORT TITLE: CASE NUMBER.
LaNovara v. Aerial Solutions, Inc.
(Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) ~x Doe defendants (specify Doe numbers): 1-10 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) ~x Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to
c.
d.
~
~
plaintiff.
Information about additional defendants who are not natural persons is contained in Attachment 4c.
Defendants who are joined under Code of Civil Procedure section 382 are (names):
a.
b.
~
~
Plaintiff is required to comply with a claims statute, and
has complied with applicable claims statutes, or
is excused from complying because (specify)(
This action is subject to ~
This court is the proper court because
Civil Code section 1812.10 ~ Civil Code section 2984.4
a.
b.
c.
~
~x
~
a defendant entered into the contract here.
a defendant lived here when the contract was entered into.
a defendant lives here now.
d. ~x the contract was to be performed here.
e.
f.
g.
~
~x
~
a defendant is a corporation or unincorporated association and its principal place of business is here.
real property that is the subject of this action is located here.
other(specify):
The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached)(
~x Breach of Contract
~x Common Counts
Other (speci fy):
~ Other allegations:
prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
10. Plaintiff
a. ~x damages of: $ 49,764.32
b. ~x interest on the damages
~
(1)
(2) ~
~x according to proof
at the rate of
(speci fy): percent per year from (date)(
c.
(1) ~
attorney's fees
~ of:$
d. ~ (2)
other
according to proof
(specify):
11 I j
The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers)(
Date: October 1, 2020
David A. Fike
(TYPE OR PRINT NAMEI (SIGNATURE OF PLAINTIFF OR ATTORNEY)
a verification)
(if yov wish to verify this pleading,
atffix
January 1, 20071
PLO-C-001 [Ra COMPLAINT— Contract Paea2012
PLD-C-001(1)
CASE NUMBER;
SNORT TITLE:
LaNovara v. Aerial Solutions
First CAUSE OF ACTION — Breach of Contract
(numberi
ATTACHMENT TO K Complaint C3 Cross - Complaint
(Use e separate cause of ection form for esch cause of action.)
BC-1. Plaintiff (name): Vincent LaNovara
November 12, 2012
elleges that on or about (date):
a ~ written [Z oral H other (specify):
agreement was made between (name parties io agreement):
Vincent LaNovara and Aerial Solutions, inc.
A
The essential terms of the agreement ~
copy of the agreement is attached as Exhibit A, or
are statedin Attachment BC-1 H are as follows (specify):
Between November 12, 2012 and April 27, 2018 plaintiff did periodically advance monies to
defendant totaling $ 60,764.32 based on the mutual understanding that such advances were loans
to defendant to be repaid on demand with 5% interest. At a meeting of defendant's Board of
Directors held June 5, 2019, the Board affirmed the existence of this oral agreement.
BC-2. On or about (dares): November 16, 2018
defendant breached the agreement by
(specify)i
~ the acts specifiedinAttachment BC-2 ~v'he following acts
Although defendant has repaid plaintiff a total of $ 11,000, with the last payment of $ 1,000 being
made on November 16, 2018, despite demand therefor, defendant has failed and refused to pay
the outstanding balance due in the amount of $ 49,764.32 plus interest.
BC 3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
as stated in Attachment BC-4 [Z as follows (specify)2
Although defendant has repaid a total of $ 11,000, with the last payment of $ 1,000 being made
on November 16, 2018, despite demand therefor, defendant has failed and refused to pay the
outstanding balance due in the amount of $ 49,764.32 plus interest and said amount is now due
and payable plus interest at 5% according to proof.
BC-5. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
BC-6. Other:
Page 3
Pase1of1
Form Approved for Dpi onal Uae
Judioal Council of Californ a
CAUSE OF ACTION — Breach of Contract Code of Civil Procedure, 0 425.12
www courdnfo, ca po
PLDCC01(O IRe . January 1, 200yl
PLD-C401(2)
SHORT TITLE: CASE NUMBER:
LaNovara v. Aerial Solutions
Second CAUSE OF ACTION — Common Counts
(numper)
ATTACHMENT TO ~P Complaint Cross - Complaint
(Use a separate cause of ection form for each cause of action.)
CC-1. Plaintiff (name):Vincent LaNovara
alleges that defendant (name): Aerial Solutions, Inc.
became indebted to w plaintiff other (name):
a. Y within the last four years
(1) on an open book account for money due.
(2) ~v because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. within the last two years four years
(1) for money had and received by defendant for the use and benefit of plaintiff.
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of $
the reasonable value.
(3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of $
the reasonable value.
(4) for money lent by plaintiff to defendant at defendant's request.
(5) for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
other (specify):
CC-2. $ 49,764.32 ,which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus prejudgment interest K according to proof H at the rate of percent per year
from (date):
CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
CC-4. Other:
Page 4
Pena 1 of 1
200,'AUSE
Form Approved for Optional Uae
Jud c al sound l of California
P'-C-001(2) (fvav January C
OF ACTION — Common Counts Procedu e, 0 425.12
Code of Civ
I
mvw coumnfo ca po
PL D-C-001(2)
SHORT TITLE: CASE NUMBER:
LaNovara v. Aerial Solutions
Third CAUSE OF ACTION —Common Counts
tnumeer)
ATTACHMENT TO ~v'omplaint ~ Cross - Complaint
(Use a separate cause of ection form for each cause of ection.)
cc-1. Vincent LaNovara
Plaintiff (nsms))
alleges that defendant (nsme): Aerial Solutions
became indebted to w plaintiff other (name):
a. within the last four years
(1) on an open book account for money dus.
(2) because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. Z within the last X two years four years
(1) for money had and received by defendant for the use and benefit of plaintiff.
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of $
the reasonable value.
(3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of $
the reasonable value.
(4) for money lent by plaintiff to defendant at defendant's request.
(6) for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) other (specify):
CC-2. $ 49,764.32 ,which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus prejudgment interest according to proof at the rate of percent per year
from (date):
CC-3. M fees by an agreement or a statute
Plaintiff is entitled to attorney
of $
according to proof.
CC-4. Other:
Page 5
Panel el1
Fo m Appro etl for Optional Uae
Judioal Counol of Calfom a
PLC-C-001t2) [Ftev January 1, 2000]
CAUSE OF ACTION —Common Counts ~
Code of evil Procedure, 5 a25.12
coumnlo.ca pov
PLD-C4) 01(2)
SHORT TITLE: CASE NUMBER:
LaNovara v. Aerial Solutions
Fourth CAUSE OF ACTION — Common Counts
(numbar)
ATTACHMENT TO K Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name):Vincent LaNovara
alleges that defendant (name): Aerial Solutions, Inc.
became indebted to w plaintiff other (name):
a. ~ within the last four years
(1) on an open book account for money due.
(2) because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. ~y within the last My two years four years
(1) for money had and received by defendant for the use and benefit of plaintiff.
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of $
the reasonable value.
(3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of $
the reasonable value.
(4) for money lent by plaintiff to defendant at defendant's request.
(5) for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
other (specify):
CC-2. $ 49,764.32 ,which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus prejudgment interest ~v'ccording to proof at the rate of percent per year
from (dale)r
CC-3. fees by an agreement or a statute
Plaintiff is entitled to attorney
of$
according to proof.
CC-4. Other:
Page 6
Paw) orf
Form Approved for optional Uaa
Judicial Council of Caafornia
CAUSE OF ACTION — Common Counts Coda of C vd Procad ra, 9425.12
wow coufl nlo ca 90
ntoccet)2) pta
Januar;1,2009)
Preview
PLD-C401 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stets Sar numdm and address). FOR COURT USE ONL Y David A. Fike (¹95325) Fike & Boranian 401 Clovis Ave., Ste. 202 Clovis, CA 93612 TELEPHONE No (559) 229-2200 FAX NO. (Optional). (Qplional)'ftke(afikebcranianlaW.COm E-MAIL ADDRESS Plaintiff ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO SmEET ADORESS 1130 nOn Street MAtumc ADORESS1130 nOn Street OITYANDzIPODDE:Fresno, CA 93724 E-FILED BRANcH NAME:B.F. Sisk Courthouse 10/7/2020 11:08 AM PLAINTIFF: Vincent LsNovara Superior Court of California County of Fresno DEFENDANT: Aerial Solutions, Inc. By: J. Nelson, Deputy ~x DOES 1 TO 10 CONTRACT ~x COMPLAINT AMENDED COMPLAINT (Number)( CROSS-COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number)( ~Jurisdiction (check all that apply): ~ ACTION IS A LfMITED CIVIL CASE CASE NUMBER Amount demanded ~ does not exceed $ 10,000 exceeds $ 10,000 but does not exceed $ 25,000 20CECG02954 ~ ~x ACTION IS AN UNLIMITED CIVIL CASE (exceeds $ 25,000) ~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint 1. ~ from limited to unlimited from unlimited to limited Plaintiff'name or names): Vincent LaNovara alleges causes of action against defendant* (name or names): Aerial Solutions, Inc. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6 3. a. ~Each plaintiff named above is a competent adult ~ except plaintiff (name): (1) ~ a corporation qualified to do business in California ~~~ (2) an unincorporated entity (describe)( (3) other(specify): b. Plaintiff(name)( a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify): c. ~~ b. has comphed with all licensing requirements as a licensed (specify)( Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. ~x Each defendant named above is a natural person ~ except defendant (name)(Aerial Solutions, Inc. ~ ~ except defendant (name): (1) (2) (3) ~ ~x a business organization, form unknown a corporation an unincorporated entity (describe): (1) (2) (3) ~ ~ a business organization, form unknown a corporation an unincorporated entity (describe): (4) ~ a entity(describe): public (4) ~ a (descnbe) public entity (5) ~ other (specify)( 'f this form is (5) ~ other (specify): Pase1of2 used as a cross-compte nt, plaintiff means cross-complainant and defendant means cross-defendant Form Approved for Opuonal Use Judimal Counol of California COMPLAINT— Contract Procedure. 1 S20 12 Code of C v I P D-C-001 (Rev Januarv1,2007) PLD-C-001 SHORT TITLE: CASE NUMBER. LaNovara v. Aerial Solutions, Inc. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~x Doe defendants (specify Doe numbers): 1-10 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) ~x Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to c. d. ~ ~ plaintiff. Information about additional defendants who are not natural persons is contained in Attachment 4c. Defendants who are joined under Code of Civil Procedure section 382 are (names): a. b. ~ ~ Plaintiff is required to comply with a claims statute, and has complied with applicable claims statutes, or is excused from complying because (specify)( This action is subject to ~ This court is the proper court because Civil Code section 1812.10 ~ Civil Code section 2984.4 a. b. c. ~ ~x ~ a defendant entered into the contract here. a defendant lived here when the contract was entered into. a defendant lives here now. d. ~x the contract was to be performed here. e. f. g. ~ ~x ~ a defendant is a corporation or unincorporated association and its principal place of business is here. real property that is the subject of this action is located here. other(specify): The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached)( ~x Breach of Contract ~x Common Counts Other (speci fy): ~ Other allegations: prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for 10. Plaintiff a. ~x damages of: $ 49,764.32 b. ~x interest on the damages ~ (1) (2) ~ ~x according to proof at the rate of (speci fy): percent per year from (date)( c. (1) ~ attorney's fees ~ of:$ d. ~ (2) other according to proof (specify): 11 I j The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers)( Date: October 1, 2020 David A. Fike (TYPE OR PRINT NAMEI (SIGNATURE OF PLAINTIFF OR ATTORNEY) a verification) (if yov wish to verify this pleading, atffix January 1, 20071 PLO-C-001 [Ra COMPLAINT— Contract Paea2012 PLD-C-001(1) CASE NUMBER; SNORT TITLE: LaNovara v. Aerial Solutions First CAUSE OF ACTION — Breach of Contract (numberi ATTACHMENT TO K Complaint C3 Cross - Complaint (Use e separate cause of ection form for esch cause of action.) BC-1. Plaintiff (name): Vincent LaNovara November 12, 2012 elleges that on or about (date): a ~ written [Z oral H other (specify): agreement was made between (name parties io agreement): Vincent LaNovara and Aerial Solutions, inc. A The essential terms of the agreement ~ copy of the agreement is attached as Exhibit A, or are statedin Attachment BC-1 H are as follows (specify): Between November 12, 2012 and April 27, 2018 plaintiff did periodically advance monies to defendant totaling $ 60,764.32 based on the mutual understanding that such advances were loans to defendant to be repaid on demand with 5% interest. At a meeting of defendant's Board of Directors held June 5, 2019, the Board affirmed the existence of this oral agreement. BC-2. On or about (dares): November 16, 2018 defendant breached the agreement by (specify)i ~ the acts specifiedinAttachment BC-2 ~v'he following acts Although defendant has repaid plaintiff a total of $ 11,000, with the last payment of $ 1,000 being made on November 16, 2018, despite demand therefor, defendant has failed and refused to pay the outstanding balance due in the amount of $ 49,764.32 plus interest. BC 3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as stated in Attachment BC-4 [Z as follows (specify)2 Although defendant has repaid a total of $ 11,000, with the last payment of $ 1,000 being made on November 16, 2018, despite demand therefor, defendant has failed and refused to pay the outstanding balance due in the amount of $ 49,764.32 plus interest and said amount is now due and payable plus interest at 5% according to proof. BC-5. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. BC-6. Other: Page 3 Pase1of1 Form Approved for Dpi onal Uae Judioal Council of Californ a CAUSE OF ACTION — Breach of Contract Code of Civil Procedure, 0 425.12 www courdnfo, ca po PLDCC01(O IRe . January 1, 200yl PLD-C401(2) SHORT TITLE: CASE NUMBER: LaNovara v. Aerial Solutions Second CAUSE OF ACTION — Common Counts (numper) ATTACHMENT TO ~P Complaint Cross - Complaint (Use a separate cause of ection form for each cause of action.) CC-1. Plaintiff (name):Vincent LaNovara alleges that defendant (name): Aerial Solutions, Inc. became indebted to w plaintiff other (name): a. Y within the last four years (1) on an open book account for money due. (2) ~v because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. within the last two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ the reasonable value. (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specify): CC-2. $ 49,764.32 ,which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest K according to proof H at the rate of percent per year from (date): CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. Other: Page 4 Pena 1 of 1 200,'AUSE Form Approved for Optional Uae Jud c al sound l of California P'-C-001(2) (fvav January C OF ACTION — Common Counts Procedu e, 0 425.12 Code of Civ I mvw coumnfo ca po PL D-C-001(2) SHORT TITLE: CASE NUMBER: LaNovara v. Aerial Solutions Third CAUSE OF ACTION —Common Counts tnumeer) ATTACHMENT TO ~v'omplaint ~ Cross - Complaint (Use a separate cause of ection form for each cause of ection.) cc-1. Vincent LaNovara Plaintiff (nsms)) alleges that defendant (nsme): Aerial Solutions became indebted to w plaintiff other (name): a. within the last four years (1) on an open book account for money dus. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. Z within the last X two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ the reasonable value. (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (6) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): CC-2. $ 49,764.32 ,which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest according to proof at the rate of percent per year from (date): CC-3. M fees by an agreement or a statute Plaintiff is entitled to attorney of $ according to proof. CC-4. Other: Page 5 Panel el1 Fo m Appro etl for Optional Uae Judioal Counol of Calfom a PLC-C-001t2) [Ftev January 1, 2000] CAUSE OF ACTION —Common Counts ~ Code of evil Procedure, 5 a25.12 coumnlo.ca pov PLD-C4) 01(2) SHORT TITLE: CASE NUMBER: LaNovara v. Aerial Solutions Fourth CAUSE OF ACTION — Common Counts (numbar) ATTACHMENT TO K Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name):Vincent LaNovara alleges that defendant (name): Aerial Solutions, Inc. became indebted to w plaintiff other (name): a. ~ within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. ~y within the last My two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ the reasonable value. (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specify): CC-2. $ 49,764.32 ,which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest ~v'ccording to proof at the rate of percent per year from (dale)r CC-3. fees by an agreement or a statute Plaintiff is entitled to attorney of$ according to proof. CC-4. Other: Page 6 Paw) orf Form Approved for optional Uaa Judicial Council of Caafornia CAUSE OF ACTION — Common Counts Coda of C vd Procad ra, 9425.12 wow coufl nlo ca 90 ntoccet)2) pta Januar;1,2009)