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Complaint
4. Plaintiff is unaware of the true identity, nature and capacity of each of the
Defendants designated herein as a DOES. Plaintiff is informed and believes and thereon alleges
that each of the Defendants designated herein as a DOE is in some manner responsible for the
damages and injuries as are alleged in this complaint. Upon learning the true identity, nature and
capacity of the DOE Defendants, Plaintiff will amend this complaint to allege their true names and
capacities.
5. Plaintiff is informed and believes and thereon alleges that all material times herein
alleged that the Defendants, and each of them, were the agents, servants and employees of the
other Defendants, and each of them.
6. Plaintiff is informed and believes, and on that basis alleges that each of the
Defendants, including the fictitiously named Defendants, are the authorized agent of the other,
acted in concert with the other Defendants, and are responsible in some manner for the
occurrences alleged herein, and that Plaintiff's damages as herein alleged were proximately caused
by their conduct.
Jurisdiction and Venue
7. This Court has jurisdiction over the causes of action asserted herein pursuant to the
California Constitution, Article VI, Sec. 10, because this case is not a cause given by statute to
other trial courts.
8. This Court has jurisdiction over the Defendants because all contracts and
agreements between the parties were entered into, and all work performed by the Defendants (such
as it was) was performed, in the County of Los Angeles, California. This action is not removable.
9. Venue is proper in this Court, as Plaintiff resides in this County near this
Courthouse, the Defendant does business in this county and near this Courthouse, and the alleged
damages to Plaintiff arose in this County and near this Courthouse.
Summary of Facts
10. On or about May of 2016, Plaintiff MOGHADAM entered into written and verbal
agreements with Defendants 1 AND 1 and KHOSRAVI for certain repairs and improvements on
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Complaint
MOGHADAM’s home located at 16729 Alginet Place, Encino, CA 91436 (the “House”). True
and correct copies of the written contracts are attached hereto as Exhibit "A."
11. To induce MOGHADAM to enter the contracts, KHOSRAVI made representations
regarding his high skill and ability to perform on time, as well promises to take perform the duties
himself and with the utmost care. He and 1 AND 1 warranted to Plaintiff that the materials and
equipment furnished under the contracts would be of good quality and that the work would be
performed free from defects.
12. MOGHADAM was also induced to make certain expenditures for materials and
supplies, which KHOSRAVI insisted, were required and proper for the requested House projects
contracted for.
13. MOGHADAM also paid KHOSRAVI and 1 AND 1 for their services under the
contracts.
14. However throughout the process, KHOSRAVI and 1 AND 1 failed to live up to
their representations, promises and contracts.
15. These failures include not performing the services up to code or applicable
standards, the improper destruction of the House’s existing structures and fixtures as well as those
purchase for the improvements, unauthorized outsourcing of work to unqualified individuals who
caused more damage and unprofessional results (including theft of property in the House), and
ultimately complete abandonment of the ongoing projects in breach of the contracts, leaving
MOGHADAM living in a difficult to inhabit home.
16. Walls have been left partially and badly painted. New flooring purchased by
MOGHADAM for the project has been sanded and re-sanded to an inch of its life by KHOSRAVI
and 1 AND 1 leaving them barely useful and yet still not installed correctly. The floors have been
left uneven and with large gaps between planks. The bathrooms were stripped of new, quality
material out in by MOGHADAM and replaced with inferior material and abandoned partially
finished. Walls are uneven and their supports compromised by KHOSRAVI and 1 AND 1. A
security gate was never properly fixed.
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Complaint
17. Not a single project contracted for has been completed, and those that KHOSRAVI
and 1 AND 1 began, were so poorly done that they must be done anew.
18. All of this was as a result of improper design, installation, construction, and
planning by the Defendants.
19. MOGHADAM expressed concern and dissatisfaction throughout. KHOSRAVI
admitted to the problems in writing and orally and made written and oral promises regarding
rectifying the damages to MOGHADAM and the House. The promises were made in order to
continue to flow of payments to them from MOGHADAM and otherwise delay action on
MOGHADAM’s part.
20. KHOSRAVI went so far as to ask her to find bids that he would cover the cost for
to repair his and 1 AND 1’s mistakes and finish the work. KHOSRAVI and 1 AND 1 had no
intention of honoring this and rejected all bids out of hand. MOGHADAM has also made several
written and oral demands to restart work and to pay for repairs, all of which have gone
unanswered.
21. KHOSRAVI and 1 AND 1 also demanded payment for services not authorized or
performed. For example, representations were made regarding installation of new lighting,
whereas inspections indicate no new lighting was installed. MOGHADAM received invoices for
heating and cooling system repairs that were never authorized and about which 1 AND 1 is
seeking payment through suit in a related small claims action. This related suit and associated
invoice are attached hereto as Exhibit B.
22. Due to the continued state of disrepair the use and enjoyment of the House has been
denied Plaintiff and the House has diminished in value in amount be proven at trial. The House
continues to suffer resulting property damage, including, but not limited to mold and mildew.
Plaintiff is still investigating latent defects and deficiencies and will seek leave to amend the
complaint as needed to address any so discovered.
23. According to filings with State of California, KHOSRAVI is the “President” and
agent for service of 1 AND 1. Despite promises by KHOSRAVI to MOGHADAM that 1 AND 1
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Complaint
was insured for the work they were to perform, it now clear that they maintain only a small bond
($15,000.00) that does not cover anything other than statutory violations.
24. This is part of a plan by KHOSRAVI to undercapitalize the entity for liability while
still attempting to enjoy the corporate shield for personal liability. This plan includes creating no
meaningful separation between KHOSRAVI and 1 AND 1, asking that payments be made
occasionally to KHOSRAVI and occasionally to 1 AND 1, and otherwise using the 1 AND 1
entity to effect frauds and damage on the public.
FIRST CAUSE OF ACTION
(BREACH OF CONTRACT)
25. Plaintiff incorporates by this reference each and every allegation of Paragraphs 1
through 24, above, as though fully set forth at length.
26. Despite entering and being paid under the contracts Defendants have failed to
perform the contemplated services therein and have abandoned them completely.
27. Defendants breached the terms of the contract by failing to and still refusing to
perform the services, or pay for replacement services and material.
28. Plaintiff is informed and believes and thereon alleges that the Defendants, and each
of them, breached their obligations under the contracts.
29. Plaintiff has fully performed her respective obligations as set forth in the contracts.
30. Plaintiff is informed and believes and thereon alleges that to the extent that the
Plaintiff was unable to perform any portion of the obligations under the contracts, it was because
she was prevented from doing so by the Defendants through their material breach and/or
anticipatory breach of the contracts.
31. Plaintiff is informed and believes and thereon alleges that, as a direct and
proximate result of the material breach of the contracts by Defendants, Plaintiff has sustained
general, special, consequential and incidental damages in an amount presently unknown, but in
excess of the minimal jurisdictional limit of this Court in that Plaintiff will be required to perform
works of repair, restoration, and construction to portions of the House to prevent further property
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Complaint
damage and to restore portions thereof to their proper condition. Plaintiff will establish the precise
amount of damages at trial, according to proof.
SECOND CAUSE OF ACTION
(NEGLIGENCE)
32. Plaintiff incorporates by this reference each and every allegation of Paragraphs 1
through 24, above, as though fully set forth at length.
33. Plaintiff is informed and believes and thereon alleges that Defendants performed
work, labor and/or services at the House and each knew, or should have known, that if the House
and services contemplated were not properly or adequately designed, supervised and/or
constructed, that Plaintiff would be substantially damaged thereby and that the services would be
defective and not of merchantable quality.
34. Defendants were under a duty to exercise ordinary and reasonable care as
contractors, subcontractors, materialmen, suppliers, architects, inspectors, engineers and/or
builders, or otherwise to avoid reasonably foreseeable injury to Plaintiff and knew or should have
known, with reasonable certainty, that Plaintiff would suffer the monetary damages set forth
herein if said Defendants failed to perform their duty to cause the Project to be completed in a
proper and workmanlike manner and fashion and without defects.
35. Defendants, and each of them, failed and neglected to perform the work, labor
and/or services properly or adequately in that each of said Defendants negligently, carelessly and
in an unworkmanlike manner performed the aforesaid work, labor and/or services such that the
work, as described herein, was constructed improperly, negligently, carelessly, and in an
unworkmanlike manner.
36. Plaintiff is informed and believes and thereon alleges that, as a direct and
proximate result of the foregoing negligence, carelessness, unworkmanlike conduct, and the
actions and/or omissions of Defendants, and each of them, Plaintiff has sustained general, special,
consequential and incidental damages in an amount presently unknown, but in excess of the
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Complaint
minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of
repair, restoration, and construction to portions of the House to prevent further property damage
and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount
of damages at trial, according to proof.
THIRD CAUSE OF ACTION
(BREACH OF EXPRESS WARRANTY)
37. Plaintiff incorporates by this reference each and every allegation of Paragraphs 1
through 24, above, as though fully set forth at length.
38. Defendants warranted that the materials and equipment furnished under the contract
would be of good quality and new and that the work would be free from defects and would
conform with the requirements of all contract documents.
39. Plaintiff is informed and believes and thereon alleges that the services on the house
were inadequately performed, manufactured, developed, designed, supervised or otherwise
improved, as more fully alleged hereinabove, so that the above-described defective conditions
exist and the services are not of merchantable quality or performed in a reasonably workmanlike
manner.
40. Plaintiff is informed and believes and thereon alleges that the House may be
additionally defective in ways and to extents not precisely known, but which will be asserted
herein by way of amendment or will be established at the time of trial, according to proof.
41. Plaintiff has performed everything on its part to be performed pursuant to the
express warranties and have timely notified Defendants that the services or portions thereof was
not of merchantable quality or erected in a reasonably workmanlike manner and from time to time,
gave further notice of the particulars of such defective conditions. Notwithstanding such notices,
the Defendants have declined and failed to acknowledge responsibility for these defects or
otherwise cause the appropriate restoration and/or repairs to be made to the House at their expense
or to otherwise contribute to the costs of these repairs.
42. Plaintiff is informed and believes and thereon alleges that the defects described
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herein arose out of, or were attributable to and were directly and proximately caused by the above-
described latent deficiencies in the design, specifications, planning, supervision, observation of
construction, selection of building materials, construction, development and/or improvement of
the House and that prior to the time when it was discovered by Plaintiff, could not have been
discovered by the exercise of reasonable diligence.
43. Plaintiff is informed and believes and thereon alleges that, as a direct and
proximate result of the foregoing breach of express warranty and the actions and/or omissions of
Defendants, and each of them, Plaintiff has sustained general, special, consequential and incidental
damages in an amount presently unknown, but in excess of the minimal jurisdictional limit of this
Court in that Plaintiff will be required to perform works of repair, restoration, and construction to
portions of the House to prevent further property damage and to restore portions thereof to their
proper condition. Plaintiff will establish the precise amount of damages at trial, according to
proof.
44. Plaintiff is informed and believes and thereon alleges that, as a further direct and
proximate result of the foregoing breach of express warranty of Defendants, and each of them, the
use and enjoyment of Plaintiff in the House and the value thereof has been reduced and
diminished in an amount presently unknown but will be established at the time of trial, according
to proof.
FOURTH CAUSE OF ACTION
(RECOVERY OF CONTRACTOR’S LICENSE BOND)
45. Plaintiff re-alleges and incorporates herein by reference each and every allegation
contained in Paragraphs 1 through 24, inclusive, as though fully set forth at length.
46. Plaintiff is informed and believes and thereon alleges that Defendants executed and
delivered to the State of California their bonds and obligations in writing pursuant to Division 3,
Section 9 of the California Business and Professions Code. Pursuant to such, such bonds are for
the benefit of any person damaged as a result of a violation of relevant portions of the Business
and Profession Code.
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Complaint
47. As alleged hereinabove, Defendants have willfully failed to perform work at the
House with reasonable diligence and further failed in material respects to complete contracted
services and those performed were done deficiently and defectively. The acts and omissions of
Defendants constitute violations of Business and Professions Code Sections 7000-7173.
48. Plaintiff is unaware of the true identity of the surety who issued license bonds on
behalf of Defendants and will amend this complaint when the true names of the surety has been
identified
49. For the reasons set forth hereinabove, each surety issuing a Contractor State
License Bond is indebted to Plaintiff in the full amount of the penal sum of the license bonds
issued to all Defendants as will be established according to proof at the time of trial.
FIFTH CAUSE OF ACTION
(BREACH OF THIRD PARTY BENEFICIARY CONTRACT)
50. Plaintiff re-alleges and incorporates herein by reference each and every allegation
contained in Paragraphs 1 through 24, inclusive, as though fully set forth at length.
51. Plaintiff is informed and believes and thereon alleges that certain Defendants
entered into written contracts with KHOSRAVI and 1 AND 1 pursuant to which they were
subcontractors or otherwise agreed to perform work of improvement at the
House (the “Subcontractors”). These contracts were made for the benefit of Plaintiff.
52. Plaintiff is informed and believes and based thereon alleges that Subcontractors
breached said contracts in that they failed to perform their scopes of work in a workmanlike
manner and in accordance with the plans and specifications and applicable building codes.
53. Plaintiff is informed and believes and thereon alleges that, as a direct and
proximate result of the foregoing breach of the third party beneficiary contracts, and the actions
and/or omissions of Defendants, and each of them, Plaintiff has sustained general, special,
consequential and incidental damages in an amount presently unknown, but in excess of the
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minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of
repair, restoration, and construction to portions of the House to prevent further property damage
and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount
of damages at trial, according to proof.
54. Plaintiff is informed and believes and thereon alleges that, as a further direct and
proximate result of the breach of third party beneficiary contracts by Defendants, and each of
them, the use and enjoyment of Plaintiff in the House and the value thereof has been reduced and
diminished in an amount presently unknown but will be established at the time of trial, according
to proof.
FIFTH CAUSE OF ACTION
(FRAUD)
55. Plaintiff re-alleges and incorporates herein by reference each and every allegation
contained in Paragraphs 1 through 24, inclusive, as though fully set forth at length.
56. Defendants intentionally and/or negligently misrepresented the need for certain
work in the House with the intention of inflating the cost to Plaintiff.
57. This included removing newly installed material in the bath and shower fit for
purpose, and replacing it with material of lesser quality not fit for purpose.
58. Defendants also claimed to have performed work which they did not actually
perform, including the claim of installation of new lighting whereas a reuse of existing lighting
was performed.
59. Also, rather than perform fully and professionally work actually agreed to,
Defendants performed or claimed to perform unauthorized work on the House and presented
invoiced for their payment. This included work claimed to have been performed on the heating
and cooling system, which 1 AND 1 is fraudulently seeking recovery for through a related small
claims action.
60. The foregoing were the result of false representations by the Defendants that they
knew were false or had no reasonable grounds for believing were true, and with the intent to
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Complaint
defraud and induce Plaintiff to contract or pay for services and material.
61. At the time, Plaintiff did not know the representations were false and believed they
were true and acted justifiably in reliance on their truth.
62. Further, Defendants concealed or suppressed the false representations by, among
other things, overlaying construction material to conceal what was improperly done underneath,
and by telling Plaintiff that work was performed or performed in a certain manner in order to
mislead Plaintiff.
63. Defendants concealed or suppressed these facts with the intent to defraud and
induce Plaintiff to act as described above. At the time, Plaintiff was unaware of the concealment or
suppression of facts and would have taken action if she had known the facts.
64. Plaintiff is informed and believes and thereon alleges that, as a direct and
proximate result of the foregoing fraud and the actions and/or omissions of Defendants, and each
of them, Plaintiff has sustained general, special, consequential and incidental damages in an
amount presently unknown, but in excess of the minimal jurisdictional limit of this Court in that
Plaintiff will be required to perform works of repair, restoration, and construction to portions of
the House to prevent further property damage and to restore portions thereof to their proper
condition. Plaintiff will establish the precise amount of damages at trial, according to proof.
65. Plaintiff is informed and believes and thereon alleges that, as a further direct and
proximate result of the foregoing fraud of Defendants, and each of them, the use and enjoyment
of Plaintiff in the House and the value thereof has been reduced and diminished in an amount
presently unknown but will be established at the time of trial, according to proof.
WHEREFORE Plaintiff respectively requests entry of a judgment and order on all causes
of action providing as follows:
1. For general, special, consequential and incidental damages, according to proof;
2. For costs of suit incurred herein;
3. For interest on all amounts paid Defendants by Plaintiff;
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Complaint
4. For reasonable attorney’s fees which are due and payable to the prevailing party in
any dispute concerning the contracts.
5. For such other and further relief as the Court deems necessary and proper.
DATED: February 4, 2017
By:
Daryoush Niknejad
Attorney for MARCI MOGHADAM
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EXHIBIT A
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EXHIBIT B
Trial
Date
You are the Defendant if your name is listed in on page 2 of this
form. The person suing you is the Plaintiff, listed in on page 2.
Plaintiff’s Claim and ORDER
to Go to Small Claims Court
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Clerk fills in case number and case name:
Case Number:
SC-100, Page 1 of 5Plaintiff’s Claim and ORDER
to Go to Small Claims Court
Date Time Department Name and address of court if different from above
1.
2.
3.
Date: Clerk, by , Deputy
The people in and must go to court: (Clerk fills out section below.)
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2015, Mandatory Form
Code of Civil Procedure, §§ 116.110 et seq.,
116.220(c), 116.340(g)
Notice to the person being sued:
Read this form and all pages attached to understand the claim against
you and to protect your rights.
Bring witnesses, receipts, and any evidence you need to prove your case.
If you lose, the court can order that your wages, money, or property be
taken to pay this claim.
You and the Plaintiff must go to court on the trial date listed below. If you
do not go to court, you may lose the case.
Aviso al Demandado:
Lea este formulario y todas las páginas adjuntas para entender la demanda en su contra y para proteger sus derechos.
Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso.
Si pierde el caso la corte podría ordenar que le quiten de su sueldo, dinero u
otros bienes para pagar este reclamo.
Usted y el Demandante tienen que presentarse en la corte en la fecha del
juicio indicada a continuación. Si no se presenta, puede perder el caso.
Order to Go to Court
Instructions for the person suing:
You are the Plaintiff. The person you are suing is the Defendant.
You must have someone at least 18—not you or anyone else listed in this case—give each Defendant a court-stamped
copy of all pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or
delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B,
and SC-104C.
Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make copy for each party named in
this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay
the filing fee. The clerk will write the date of your trial in the box above.
Before you fill out this form, read Form SC-100-INFO, Information for the Plaintiff , to know your rights. Get
SC-100-INFO at any courthouse or county law library, or go to: www.courtinfo.ca.gov/ forms
Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.
•
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1 2
(Small Claims)
SC-100
1
Usted es el Demandado si su nombre figura en de la página 2
de este formulario. La persona que lo demanda es el Demandante, la que
figura en de la página 2.
2
1
Case Name:
E-FILING ID: 170101000250
1AND1 ELECTRIC INC, VS. MARCI
MOGHADAM
VAN NUYS COURTHOUSE EAST
6230 SYLMAR AVE., ROOM
340
VAN NUYS, CA 91401
17VESC00048
03/09/2017 8:30 AM Z
1/3/2017 SHERRI R. CARTER TAKESHA WHITE
ELECTRONICALLY FILED BY SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES. (Receipt #1170104E6182)
FILED
Electronically
By Superior Court of California,
County of Los Angeles on
JAN 3 2017
SHERRI R. CARTER ,CLERK
BY TAKESHA WHITE, Deputy
The Defendant (the person, business, or public entity being sued) is:
Revised July 1, 2015 SC-100, Page 2 of 5
The Plaintiff (the person, business, or public entity that is suing) is:
The Plaintiff claims the Defendant owes $ . (Explain below):
a. Why does the Defendant owe the Plaintiff money?
b. When did this happen? (Date):
c. How did you calculate the money owed to you? (Do not include court costs or fees for service.)
If no specific date, give the time period: Date started: Through:
3
1
2
Check here if either Plaintiff listed above is doing business under a fictitious name. If so, attach Form SC-103.
Check here if more than 2 Plaintiffs and attach Form SC-100A.
Plaintiff (list names):
Case Number:
Check here if more than 2 Defendants and attach Form SC-100A.
Check here if any Defendant is on active military duty, and write his or her name here:
Plaintiff’s Claim and ORDER
to Go to Small Claims Court
(Small Claims)
If more than one Plaintiff, list next Plaintiff here:
If more than one Defendant, list next Defendant here:
E-FILING ID: 170101000250
1AND1 ELECTRIC INC,
3220.00
WE FINISHED SOME JOB IN HER HOUSE
07/22/2016 11/01/2016
THAT IS THE AMOUNT OF ONE UNPAID INVOICE
NAME: 1AND1 ELECTRIC INC,
HOME ADDRESS: 8448 SAMRA DR
WEST HILLS, CA 91304
PHONE: (818) 401-3734
NAME: MARCI MOGHADAM
HOME ADDRESS: 16729 ALGINET PL
ENCINO, CA 91436
PHONE: (310) 514-7999
17VESC00048
You must ask the Defendant (in person, in writing, or by phone) to pay you before you sue.
Have you done this? Yes No
If no, explain why not:
Plaintiff types or prints name here Plaintiff signs here
8
7
Revised July 1, 2015 SC-100, Page 3 of 5
Plaintiff (list names):
Why are you filing your claim at this courthouse?
This courthouse covers the area (check the one that applies):
b. Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim
is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc.,
§ 395(b).)
c. Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about
a retail installment contract (like a credit card). (Civil Code, § 1812.10.)
d. Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle
is permanently garaged, if this claim is about a vehicle finance sale. (Civil Code, § 2984.4.)
e. Other (specify):
List the zip code of the place checked in above (if you know):
Is your claim about an attorney-client fee dispute? Yes No
If yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here:
Are you suing a public entity? Yes No
If yes, you must file a written claim with the entity first. A claim was filed on (date):
If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.
Have you filed more than 12 other small claims within the last 12 months in California?
Yes No If yes, the filing fee for this case will be higher.
I understand that by filing a claim in small claims court, I have no right to appeal this claim.
Requests for Accommodations
Assistive listening systems, computer-assisted, real-time captioning, or sign language interpreter
services are available if you ask at least 5 days before the trial. Contact the clerk’s office for Form
MC-410, Request for Accommodations by Persons With Disabilities and Response. (Civil Code, § 54.8.)
Date:
Case Number:
56
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(1) Where the Defendant lives or does business.
(2) Where the Plaintiff’s property was damaged.
(3) Where the Plaintiff was injured.
a. (4) Where a contract (written or spoken) was made,
signed, performed, or broken by the Defendant or
where the Defendant lived or did business when
the Defendant made the contract.
Date:
Second Plaintiff types or prints name here Second Plaintiff signs here
Plaintiff’s Claim and ORDER
to Go to Small Claims Court
(Small Claims)
I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in
I declare, under penalty of perjury under California State law, that the information above and on any attachments to
California during this calendar year.
this form is true and correct.
11
E-FILING ID: 170101000250
1AND1 ELECTRIC INC,
✔
✔
✔
✔
91436
✔
1/1/2017 SAMI KHOSRAVI
17VESC00048
Lawsuit versus 1 and 1 Electric and Sami Khosravi

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Lawsuit versus 1 and 1 Electric and Sami Khosravi

  • 1.
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Complaint 4. Plaintiff is unaware of the true identity, nature and capacity of each of the Defendants designated herein as a DOES. Plaintiff is informed and believes and thereon alleges that each of the Defendants designated herein as a DOE is in some manner responsible for the damages and injuries as are alleged in this complaint. Upon learning the true identity, nature and capacity of the DOE Defendants, Plaintiff will amend this complaint to allege their true names and capacities. 5. Plaintiff is informed and believes and thereon alleges that all material times herein alleged that the Defendants, and each of them, were the agents, servants and employees of the other Defendants, and each of them. 6. Plaintiff is informed and believes, and on that basis alleges that each of the Defendants, including the fictitiously named Defendants, are the authorized agent of the other, acted in concert with the other Defendants, and are responsible in some manner for the occurrences alleged herein, and that Plaintiff's damages as herein alleged were proximately caused by their conduct. Jurisdiction and Venue 7. This Court has jurisdiction over the causes of action asserted herein pursuant to the California Constitution, Article VI, Sec. 10, because this case is not a cause given by statute to other trial courts. 8. This Court has jurisdiction over the Defendants because all contracts and agreements between the parties were entered into, and all work performed by the Defendants (such as it was) was performed, in the County of Los Angeles, California. This action is not removable. 9. Venue is proper in this Court, as Plaintiff resides in this County near this Courthouse, the Defendant does business in this county and near this Courthouse, and the alleged damages to Plaintiff arose in this County and near this Courthouse. Summary of Facts 10. On or about May of 2016, Plaintiff MOGHADAM entered into written and verbal agreements with Defendants 1 AND 1 and KHOSRAVI for certain repairs and improvements on
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Complaint MOGHADAM’s home located at 16729 Alginet Place, Encino, CA 91436 (the “House”). True and correct copies of the written contracts are attached hereto as Exhibit "A." 11. To induce MOGHADAM to enter the contracts, KHOSRAVI made representations regarding his high skill and ability to perform on time, as well promises to take perform the duties himself and with the utmost care. He and 1 AND 1 warranted to Plaintiff that the materials and equipment furnished under the contracts would be of good quality and that the work would be performed free from defects. 12. MOGHADAM was also induced to make certain expenditures for materials and supplies, which KHOSRAVI insisted, were required and proper for the requested House projects contracted for. 13. MOGHADAM also paid KHOSRAVI and 1 AND 1 for their services under the contracts. 14. However throughout the process, KHOSRAVI and 1 AND 1 failed to live up to their representations, promises and contracts. 15. These failures include not performing the services up to code or applicable standards, the improper destruction of the House’s existing structures and fixtures as well as those purchase for the improvements, unauthorized outsourcing of work to unqualified individuals who caused more damage and unprofessional results (including theft of property in the House), and ultimately complete abandonment of the ongoing projects in breach of the contracts, leaving MOGHADAM living in a difficult to inhabit home. 16. Walls have been left partially and badly painted. New flooring purchased by MOGHADAM for the project has been sanded and re-sanded to an inch of its life by KHOSRAVI and 1 AND 1 leaving them barely useful and yet still not installed correctly. The floors have been left uneven and with large gaps between planks. The bathrooms were stripped of new, quality material out in by MOGHADAM and replaced with inferior material and abandoned partially finished. Walls are uneven and their supports compromised by KHOSRAVI and 1 AND 1. A security gate was never properly fixed.
  • 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Complaint 17. Not a single project contracted for has been completed, and those that KHOSRAVI and 1 AND 1 began, were so poorly done that they must be done anew. 18. All of this was as a result of improper design, installation, construction, and planning by the Defendants. 19. MOGHADAM expressed concern and dissatisfaction throughout. KHOSRAVI admitted to the problems in writing and orally and made written and oral promises regarding rectifying the damages to MOGHADAM and the House. The promises were made in order to continue to flow of payments to them from MOGHADAM and otherwise delay action on MOGHADAM’s part. 20. KHOSRAVI went so far as to ask her to find bids that he would cover the cost for to repair his and 1 AND 1’s mistakes and finish the work. KHOSRAVI and 1 AND 1 had no intention of honoring this and rejected all bids out of hand. MOGHADAM has also made several written and oral demands to restart work and to pay for repairs, all of which have gone unanswered. 21. KHOSRAVI and 1 AND 1 also demanded payment for services not authorized or performed. For example, representations were made regarding installation of new lighting, whereas inspections indicate no new lighting was installed. MOGHADAM received invoices for heating and cooling system repairs that were never authorized and about which 1 AND 1 is seeking payment through suit in a related small claims action. This related suit and associated invoice are attached hereto as Exhibit B. 22. Due to the continued state of disrepair the use and enjoyment of the House has been denied Plaintiff and the House has diminished in value in amount be proven at trial. The House continues to suffer resulting property damage, including, but not limited to mold and mildew. Plaintiff is still investigating latent defects and deficiencies and will seek leave to amend the complaint as needed to address any so discovered. 23. According to filings with State of California, KHOSRAVI is the “President” and agent for service of 1 AND 1. Despite promises by KHOSRAVI to MOGHADAM that 1 AND 1
  • 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Complaint was insured for the work they were to perform, it now clear that they maintain only a small bond ($15,000.00) that does not cover anything other than statutory violations. 24. This is part of a plan by KHOSRAVI to undercapitalize the entity for liability while still attempting to enjoy the corporate shield for personal liability. This plan includes creating no meaningful separation between KHOSRAVI and 1 AND 1, asking that payments be made occasionally to KHOSRAVI and occasionally to 1 AND 1, and otherwise using the 1 AND 1 entity to effect frauds and damage on the public. FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 25. Plaintiff incorporates by this reference each and every allegation of Paragraphs 1 through 24, above, as though fully set forth at length. 26. Despite entering and being paid under the contracts Defendants have failed to perform the contemplated services therein and have abandoned them completely. 27. Defendants breached the terms of the contract by failing to and still refusing to perform the services, or pay for replacement services and material. 28. Plaintiff is informed and believes and thereon alleges that the Defendants, and each of them, breached their obligations under the contracts. 29. Plaintiff has fully performed her respective obligations as set forth in the contracts. 30. Plaintiff is informed and believes and thereon alleges that to the extent that the Plaintiff was unable to perform any portion of the obligations under the contracts, it was because she was prevented from doing so by the Defendants through their material breach and/or anticipatory breach of the contracts. 31. Plaintiff is informed and believes and thereon alleges that, as a direct and proximate result of the material breach of the contracts by Defendants, Plaintiff has sustained general, special, consequential and incidental damages in an amount presently unknown, but in excess of the minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of repair, restoration, and construction to portions of the House to prevent further property
  • 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Complaint damage and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount of damages at trial, according to proof. SECOND CAUSE OF ACTION (NEGLIGENCE) 32. Plaintiff incorporates by this reference each and every allegation of Paragraphs 1 through 24, above, as though fully set forth at length. 33. Plaintiff is informed and believes and thereon alleges that Defendants performed work, labor and/or services at the House and each knew, or should have known, that if the House and services contemplated were not properly or adequately designed, supervised and/or constructed, that Plaintiff would be substantially damaged thereby and that the services would be defective and not of merchantable quality. 34. Defendants were under a duty to exercise ordinary and reasonable care as contractors, subcontractors, materialmen, suppliers, architects, inspectors, engineers and/or builders, or otherwise to avoid reasonably foreseeable injury to Plaintiff and knew or should have known, with reasonable certainty, that Plaintiff would suffer the monetary damages set forth herein if said Defendants failed to perform their duty to cause the Project to be completed in a proper and workmanlike manner and fashion and without defects. 35. Defendants, and each of them, failed and neglected to perform the work, labor and/or services properly or adequately in that each of said Defendants negligently, carelessly and in an unworkmanlike manner performed the aforesaid work, labor and/or services such that the work, as described herein, was constructed improperly, negligently, carelessly, and in an unworkmanlike manner. 36. Plaintiff is informed and believes and thereon alleges that, as a direct and proximate result of the foregoing negligence, carelessness, unworkmanlike conduct, and the actions and/or omissions of Defendants, and each of them, Plaintiff has sustained general, special, consequential and incidental damages in an amount presently unknown, but in excess of the
  • 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Complaint minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of repair, restoration, and construction to portions of the House to prevent further property damage and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount of damages at trial, according to proof. THIRD CAUSE OF ACTION (BREACH OF EXPRESS WARRANTY) 37. Plaintiff incorporates by this reference each and every allegation of Paragraphs 1 through 24, above, as though fully set forth at length. 38. Defendants warranted that the materials and equipment furnished under the contract would be of good quality and new and that the work would be free from defects and would conform with the requirements of all contract documents. 39. Plaintiff is informed and believes and thereon alleges that the services on the house were inadequately performed, manufactured, developed, designed, supervised or otherwise improved, as more fully alleged hereinabove, so that the above-described defective conditions exist and the services are not of merchantable quality or performed in a reasonably workmanlike manner. 40. Plaintiff is informed and believes and thereon alleges that the House may be additionally defective in ways and to extents not precisely known, but which will be asserted herein by way of amendment or will be established at the time of trial, according to proof. 41. Plaintiff has performed everything on its part to be performed pursuant to the express warranties and have timely notified Defendants that the services or portions thereof was not of merchantable quality or erected in a reasonably workmanlike manner and from time to time, gave further notice of the particulars of such defective conditions. Notwithstanding such notices, the Defendants have declined and failed to acknowledge responsibility for these defects or otherwise cause the appropriate restoration and/or repairs to be made to the House at their expense or to otherwise contribute to the costs of these repairs. 42. Plaintiff is informed and believes and thereon alleges that the defects described
  • 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Complaint herein arose out of, or were attributable to and were directly and proximately caused by the above- described latent deficiencies in the design, specifications, planning, supervision, observation of construction, selection of building materials, construction, development and/or improvement of the House and that prior to the time when it was discovered by Plaintiff, could not have been discovered by the exercise of reasonable diligence. 43. Plaintiff is informed and believes and thereon alleges that, as a direct and proximate result of the foregoing breach of express warranty and the actions and/or omissions of Defendants, and each of them, Plaintiff has sustained general, special, consequential and incidental damages in an amount presently unknown, but in excess of the minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of repair, restoration, and construction to portions of the House to prevent further property damage and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount of damages at trial, according to proof. 44. Plaintiff is informed and believes and thereon alleges that, as a further direct and proximate result of the foregoing breach of express warranty of Defendants, and each of them, the use and enjoyment of Plaintiff in the House and the value thereof has been reduced and diminished in an amount presently unknown but will be established at the time of trial, according to proof. FOURTH CAUSE OF ACTION (RECOVERY OF CONTRACTOR’S LICENSE BOND) 45. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained in Paragraphs 1 through 24, inclusive, as though fully set forth at length. 46. Plaintiff is informed and believes and thereon alleges that Defendants executed and delivered to the State of California their bonds and obligations in writing pursuant to Division 3, Section 9 of the California Business and Professions Code. Pursuant to such, such bonds are for the benefit of any person damaged as a result of a violation of relevant portions of the Business and Profession Code.
  • 9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 Complaint 47. As alleged hereinabove, Defendants have willfully failed to perform work at the House with reasonable diligence and further failed in material respects to complete contracted services and those performed were done deficiently and defectively. The acts and omissions of Defendants constitute violations of Business and Professions Code Sections 7000-7173. 48. Plaintiff is unaware of the true identity of the surety who issued license bonds on behalf of Defendants and will amend this complaint when the true names of the surety has been identified 49. For the reasons set forth hereinabove, each surety issuing a Contractor State License Bond is indebted to Plaintiff in the full amount of the penal sum of the license bonds issued to all Defendants as will be established according to proof at the time of trial. FIFTH CAUSE OF ACTION (BREACH OF THIRD PARTY BENEFICIARY CONTRACT) 50. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained in Paragraphs 1 through 24, inclusive, as though fully set forth at length. 51. Plaintiff is informed and believes and thereon alleges that certain Defendants entered into written contracts with KHOSRAVI and 1 AND 1 pursuant to which they were subcontractors or otherwise agreed to perform work of improvement at the House (the “Subcontractors”). These contracts were made for the benefit of Plaintiff. 52. Plaintiff is informed and believes and based thereon alleges that Subcontractors breached said contracts in that they failed to perform their scopes of work in a workmanlike manner and in accordance with the plans and specifications and applicable building codes. 53. Plaintiff is informed and believes and thereon alleges that, as a direct and proximate result of the foregoing breach of the third party beneficiary contracts, and the actions and/or omissions of Defendants, and each of them, Plaintiff has sustained general, special, consequential and incidental damages in an amount presently unknown, but in excess of the
  • 10. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 Complaint minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of repair, restoration, and construction to portions of the House to prevent further property damage and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount of damages at trial, according to proof. 54. Plaintiff is informed and believes and thereon alleges that, as a further direct and proximate result of the breach of third party beneficiary contracts by Defendants, and each of them, the use and enjoyment of Plaintiff in the House and the value thereof has been reduced and diminished in an amount presently unknown but will be established at the time of trial, according to proof. FIFTH CAUSE OF ACTION (FRAUD) 55. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained in Paragraphs 1 through 24, inclusive, as though fully set forth at length. 56. Defendants intentionally and/or negligently misrepresented the need for certain work in the House with the intention of inflating the cost to Plaintiff. 57. This included removing newly installed material in the bath and shower fit for purpose, and replacing it with material of lesser quality not fit for purpose. 58. Defendants also claimed to have performed work which they did not actually perform, including the claim of installation of new lighting whereas a reuse of existing lighting was performed. 59. Also, rather than perform fully and professionally work actually agreed to, Defendants performed or claimed to perform unauthorized work on the House and presented invoiced for their payment. This included work claimed to have been performed on the heating and cooling system, which 1 AND 1 is fraudulently seeking recovery for through a related small claims action. 60. The foregoing were the result of false representations by the Defendants that they knew were false or had no reasonable grounds for believing were true, and with the intent to
  • 11. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 Complaint defraud and induce Plaintiff to contract or pay for services and material. 61. At the time, Plaintiff did not know the representations were false and believed they were true and acted justifiably in reliance on their truth. 62. Further, Defendants concealed or suppressed the false representations by, among other things, overlaying construction material to conceal what was improperly done underneath, and by telling Plaintiff that work was performed or performed in a certain manner in order to mislead Plaintiff. 63. Defendants concealed or suppressed these facts with the intent to defraud and induce Plaintiff to act as described above. At the time, Plaintiff was unaware of the concealment or suppression of facts and would have taken action if she had known the facts. 64. Plaintiff is informed and believes and thereon alleges that, as a direct and proximate result of the foregoing fraud and the actions and/or omissions of Defendants, and each of them, Plaintiff has sustained general, special, consequential and incidental damages in an amount presently unknown, but in excess of the minimal jurisdictional limit of this Court in that Plaintiff will be required to perform works of repair, restoration, and construction to portions of the House to prevent further property damage and to restore portions thereof to their proper condition. Plaintiff will establish the precise amount of damages at trial, according to proof. 65. Plaintiff is informed and believes and thereon alleges that, as a further direct and proximate result of the foregoing fraud of Defendants, and each of them, the use and enjoyment of Plaintiff in the House and the value thereof has been reduced and diminished in an amount presently unknown but will be established at the time of trial, according to proof. WHEREFORE Plaintiff respectively requests entry of a judgment and order on all causes of action providing as follows: 1. For general, special, consequential and incidental damages, according to proof; 2. For costs of suit incurred herein; 3. For interest on all amounts paid Defendants by Plaintiff;
  • 12. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 Complaint 4. For reasonable attorney’s fees which are due and payable to the prevailing party in any dispute concerning the contracts. 5. For such other and further relief as the Court deems necessary and proper. DATED: February 4, 2017 By: Daryoush Niknejad Attorney for MARCI MOGHADAM
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  • 19. Trial Date You are the Defendant if your name is listed in on page 2 of this form. The person suing you is the Plaintiff, listed in on page 2. Plaintiff’s Claim and ORDER to Go to Small Claims Court Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Clerk fills in case number and case name: Case Number: SC-100, Page 1 of 5Plaintiff’s Claim and ORDER to Go to Small Claims Court Date Time Department Name and address of court if different from above 1. 2. 3. Date: Clerk, by , Deputy The people in and must go to court: (Clerk fills out section below.) Judicial Council of California, www.courts.ca.gov Revised July 1, 2015, Mandatory Form Code of Civil Procedure, §§ 116.110 et seq., 116.220(c), 116.340(g) Notice to the person being sued: Read this form and all pages attached to understand the claim against you and to protect your rights. Bring witnesses, receipts, and any evidence you need to prove your case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. You and the Plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. Aviso al Demandado: Lea este formulario y todas las páginas adjuntas para entender la demanda en su contra y para proteger sus derechos. Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso. Si pierde el caso la corte podría ordenar que le quiten de su sueldo, dinero u otros bienes para pagar este reclamo. Usted y el Demandante tienen que presentarse en la corte en la fecha del juicio indicada a continuación. Si no se presenta, puede perder el caso. Order to Go to Court Instructions for the person suing: You are the Plaintiff. The person you are suing is the Defendant. You must have someone at least 18—not you or anyone else listed in this case—give each Defendant a court-stamped copy of all pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B, and SC-104C. Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make copy for each party named in this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay the filing fee. The clerk will write the date of your trial in the box above. Before you fill out this form, read Form SC-100-INFO, Information for the Plaintiff , to know your rights. Get SC-100-INFO at any courthouse or county law library, or go to: www.courtinfo.ca.gov/ forms Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case. • • • • • • • • • • • • • • • 2 1 2 (Small Claims) SC-100 1 Usted es el Demandado si su nombre figura en de la página 2 de este formulario. La persona que lo demanda es el Demandante, la que figura en de la página 2. 2 1 Case Name: E-FILING ID: 170101000250 1AND1 ELECTRIC INC, VS. MARCI MOGHADAM VAN NUYS COURTHOUSE EAST 6230 SYLMAR AVE., ROOM 340 VAN NUYS, CA 91401 17VESC00048 03/09/2017 8:30 AM Z 1/3/2017 SHERRI R. CARTER TAKESHA WHITE ELECTRONICALLY FILED BY SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES. (Receipt #1170104E6182) FILED Electronically By Superior Court of California, County of Los Angeles on JAN 3 2017 SHERRI R. CARTER ,CLERK BY TAKESHA WHITE, Deputy
  • 20. The Defendant (the person, business, or public entity being sued) is: Revised July 1, 2015 SC-100, Page 2 of 5 The Plaintiff (the person, business, or public entity that is suing) is: The Plaintiff claims the Defendant owes $ . (Explain below): a. Why does the Defendant owe the Plaintiff money? b. When did this happen? (Date): c. How did you calculate the money owed to you? (Do not include court costs or fees for service.) If no specific date, give the time period: Date started: Through: 3 1 2 Check here if either Plaintiff listed above is doing business under a fictitious name. If so, attach Form SC-103. Check here if more than 2 Plaintiffs and attach Form SC-100A. Plaintiff (list names): Case Number: Check here if more than 2 Defendants and attach Form SC-100A. Check here if any Defendant is on active military duty, and write his or her name here: Plaintiff’s Claim and ORDER to Go to Small Claims Court (Small Claims) If more than one Plaintiff, list next Plaintiff here: If more than one Defendant, list next Defendant here: E-FILING ID: 170101000250 1AND1 ELECTRIC INC, 3220.00 WE FINISHED SOME JOB IN HER HOUSE 07/22/2016 11/01/2016 THAT IS THE AMOUNT OF ONE UNPAID INVOICE NAME: 1AND1 ELECTRIC INC, HOME ADDRESS: 8448 SAMRA DR WEST HILLS, CA 91304 PHONE: (818) 401-3734 NAME: MARCI MOGHADAM HOME ADDRESS: 16729 ALGINET PL ENCINO, CA 91436 PHONE: (310) 514-7999 17VESC00048
  • 21. You must ask the Defendant (in person, in writing, or by phone) to pay you before you sue. Have you done this? Yes No If no, explain why not: Plaintiff types or prints name here Plaintiff signs here 8 7 Revised July 1, 2015 SC-100, Page 3 of 5 Plaintiff (list names): Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): b. Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc., § 395(b).) c. Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). (Civil Code, § 1812.10.) d. Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civil Code, § 2984.4.) e. Other (specify): List the zip code of the place checked in above (if you know): Is your claim about an attorney-client fee dispute? Yes No If yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here: Are you suing a public entity? Yes No If yes, you must file a written claim with the entity first. A claim was filed on (date): If the public entity denies your claim or does not answer within the time allowed by law, you can file this form. Have you filed more than 12 other small claims within the last 12 months in California? Yes No If yes, the filing fee for this case will be higher. I understand that by filing a claim in small claims court, I have no right to appeal this claim. Requests for Accommodations Assistive listening systems, computer-assisted, real-time captioning, or sign language interpreter services are available if you ask at least 5 days before the trial. Contact the clerk’s office for Form MC-410, Request for Accommodations by Persons With Disabilities and Response. (Civil Code, § 54.8.) Date: Case Number: 56 5 9 10 4 (1) Where the Defendant lives or does business. (2) Where the Plaintiff’s property was damaged. (3) Where the Plaintiff was injured. a. (4) Where a contract (written or spoken) was made, signed, performed, or broken by the Defendant or where the Defendant lived or did business when the Defendant made the contract. Date: Second Plaintiff types or prints name here Second Plaintiff signs here Plaintiff’s Claim and ORDER to Go to Small Claims Court (Small Claims) I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in I declare, under penalty of perjury under California State law, that the information above and on any attachments to California during this calendar year. this form is true and correct. 11 E-FILING ID: 170101000250 1AND1 ELECTRIC INC, ✔ ✔ ✔ ✔ 91436 ✔ 1/1/2017 SAMI KHOSRAVI 17VESC00048