This document is a complaint filed against defendants 1 AND 1 and KHOSRAVI for damages caused by their failure to properly complete home improvement projects according to contract. The plaintiff alleges that the defendants did not perform the work to code, destroyed existing structures, outsourced work to unqualified individuals who caused damage, and ultimately abandoned the projects leaving the plaintiff's home in disrepair. The plaintiff is suing for breach of contract, negligence, breach of warranty, recovery of contractor's license bond, and breach of third party beneficiary contract.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Shelleys - 7-19-2010 Answer to 1st amended complaintJRachelle
This document is an answer filed by defendants Stancil Shelley and Gina Thompson Shelley in response to a first amended complaint. It denies many of the allegations against them, such as wrongfully entering a property and taking property without authorization. It admits some factual allegations, such as names and events, but denies violating any laws or conspiring against the plaintiff. Overall, the document raises various defenses in response to the claims in the first amended complaint.
Answer counterclaim and 3rd party complaint666isMONEY, Lc
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
Answer of complaint 400 cv-2016 and 401-cv-2016 and counterclaim finalMichael Morris
This document is an answer and counterclaim filed by Michael C. Morris and Stephen G. Smith in response to two civil complaints filed against them by the Borough of Honesdale. It denies many of the allegations in the complaints, provides 10 affirmative defenses, and alleges fraud and other issues with how the Borough administered a redevelopment grant and loan. It seeks to add the Pennsylvania Department of Community and Economic Development and other indispensable parties to the suit.
This document is a complaint filed by the U.S. Equal Employment Opportunity Commission against Spencer Reed Group, LLC alleging unlawful employment practices. The complaint alleges that Diane Coleman, a 55-year-old Caucasian woman, was subjected to disparate treatment and termination due to her race and age in violation of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. It further alleges that Ms. Coleman was terminated in retaliation for reporting the disparate treatment. The EEOC is seeking injunctive relief, monetary damages for lost wages and benefits, compensation for emotional distress, and other remedies.
La mutation numérique - Audition au CESER Aquitaine Thomas Gibertie
La mutation numérique ne nous concerne pas, la mutation numérique nous implique. Pour saisir la différence entre concerner et impliquer il faut penser à un petit déjeuner anglais avec ses oeufs et son bacon. Dans le cas des oeufs, la poule est concernée ; dans celui du bacon, le cochon est impliqué.
Il est courant d’observer que la mutation numérique est une transformation de la société dans son ensemble. Que tous les secteurs de ce qui constitue cette société sont ou bien concernés, ou impliqués. Autrement dit expliquer la mutation numérique par l’unique faisceau des technologies relèverait d’une myopie se rapprochant de la cécité.
Jeevan Balani is the founder and executive of ProFinder Pro, a digital platform that connects small and medium businesses (SMBs) with freelance professionals. The platform enables SMBs to access specialized talent from their trusted networks. Freelancers on ProFinder benefit from working with a variety of companies, seeing quicker impact, and focusing on enjoyable work. SMBs leverage ProFinder to access consultants they otherwise could not afford, precisely define their needs by working with multiple specialists, and gain outside perspectives. When reviewing proposals, Jeevan looks for precision of details, impact and deliverables, collaboration style, and flexibility on timing.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Shelleys - 7-19-2010 Answer to 1st amended complaintJRachelle
This document is an answer filed by defendants Stancil Shelley and Gina Thompson Shelley in response to a first amended complaint. It denies many of the allegations against them, such as wrongfully entering a property and taking property without authorization. It admits some factual allegations, such as names and events, but denies violating any laws or conspiring against the plaintiff. Overall, the document raises various defenses in response to the claims in the first amended complaint.
Answer counterclaim and 3rd party complaint666isMONEY, Lc
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
Answer of complaint 400 cv-2016 and 401-cv-2016 and counterclaim finalMichael Morris
This document is an answer and counterclaim filed by Michael C. Morris and Stephen G. Smith in response to two civil complaints filed against them by the Borough of Honesdale. It denies many of the allegations in the complaints, provides 10 affirmative defenses, and alleges fraud and other issues with how the Borough administered a redevelopment grant and loan. It seeks to add the Pennsylvania Department of Community and Economic Development and other indispensable parties to the suit.
This document is a complaint filed by the U.S. Equal Employment Opportunity Commission against Spencer Reed Group, LLC alleging unlawful employment practices. The complaint alleges that Diane Coleman, a 55-year-old Caucasian woman, was subjected to disparate treatment and termination due to her race and age in violation of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. It further alleges that Ms. Coleman was terminated in retaliation for reporting the disparate treatment. The EEOC is seeking injunctive relief, monetary damages for lost wages and benefits, compensation for emotional distress, and other remedies.
La mutation numérique - Audition au CESER Aquitaine Thomas Gibertie
La mutation numérique ne nous concerne pas, la mutation numérique nous implique. Pour saisir la différence entre concerner et impliquer il faut penser à un petit déjeuner anglais avec ses oeufs et son bacon. Dans le cas des oeufs, la poule est concernée ; dans celui du bacon, le cochon est impliqué.
Il est courant d’observer que la mutation numérique est une transformation de la société dans son ensemble. Que tous les secteurs de ce qui constitue cette société sont ou bien concernés, ou impliqués. Autrement dit expliquer la mutation numérique par l’unique faisceau des technologies relèverait d’une myopie se rapprochant de la cécité.
Jeevan Balani is the founder and executive of ProFinder Pro, a digital platform that connects small and medium businesses (SMBs) with freelance professionals. The platform enables SMBs to access specialized talent from their trusted networks. Freelancers on ProFinder benefit from working with a variety of companies, seeing quicker impact, and focusing on enjoyable work. SMBs leverage ProFinder to access consultants they otherwise could not afford, precisely define their needs by working with multiple specialists, and gain outside perspectives. When reviewing proposals, Jeevan looks for precision of details, impact and deliverables, collaboration style, and flexibility on timing.
Los recientes desastres naturales que ha afrontado el Perú, con lluvias intensas y huaycos, ha puesto en el tapete la falta de una política para afrontar esos desastres, política que tiene que ver con la prevención (que es casi inexistente) y la respuesta frente a esos desastres (que es lenta y plagada de fallas).
Aquí se verá el caso de dos países, China y Japón, de diferentes niveles de desarrollo pero que tienen políticas para minimizar los daños causados por los desastres naturales y de haberlos, emprender una rápida reconstrucción.
Rapid Data Modeling and Testing with FakeItAaron Benton
NoSQL systems allow for rapid development using flexible models through schema-less documents. However, these models still need to be defined to enforce consistency within the domain. Conceptual, logical, and physical data modeling is important, and often overlooked in the development process, regardless of the database platform. Once the models for a domain have been defined, data is then needed to start building the application. Have you ever spent time writing throw away code to generate or import a dataset? In this session, Aaron will cover how Shop.com/Market America uses Couchbase Server and Couchbase Mobile, including learnings on data modeling fundamentals and different ways to rapidly generate vast amounts of random / fake data to test models.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like anxiety and depression.
Your searchbox doesn’t need to be hidden in a corner. Put it in focus and allow people to quickly go where they can find the information they need. In this talk you learn how Neos allows you to offer autocompletion, suggestions and direct navigation to results while entering a searchterm.
This talk shows you all the building blocks to integrate a powerful search with Neos.
Converting a nuisance into Value:Financing Sutainable Water Hyacinth Manageme...CPA Stephen Omondi Okoth
The target audience covers policy makers and private sector in Eastern Africa Countries. The goal is to manage a water hyacinth (Eichhornia crassipes) which has choked major water bodies in the basin in a way that adds value and give returns to investments in the management of the weed. Investments on research on livestock feed and organic manure formulation will, need to be guaranteed by MDGs, regional governments will need to finance related infrastructure while the private sector will need to invest in marketing and innovative production processes.
The document summarizes the 4Q16 financial results of Pine Bank. Key highlights include a liquid balance sheet with R$1.2 billion in cash, a BIS capital ratio of 15.4%, and a loan portfolio coverage ratio of approximately 6% due to significant provisions. Expenses declined 7% year-over-year while funding remained diversified. Guidance for 2017 includes expanded loan portfolio growth of 10-15% and a net interest margin of 2-3%.
This document provides information on different types of rashes in children and when parents should be concerned. It discusses common rashes like ringworm, fifth disease, chickenpox, impetigo, and warts. It also covers conditions such as contact dermatitis, hand-foot-mouth disease, eczema, hives, scarlet fever, roseola, rubella, Lyme disease, and diaper rash. The document emphasizes that while some rashes are minor, others can be life-threatening, so parents should see a doctor if concerned.
The IT Playbook for Seamless M&A EventsAbraic, Inc.
Careful and comprehensive IT planning is vital for a successful M&A. Here is how the IT element of an M&A event increases value, minimizes costs, and creates synergies for all involved.
Use StMMA-FD instead of EPS for lost foam casting processJong Wu
With 20+ years experience in white side of lost foam casting, Castchem developed a new product in 2016 for pattern making in white side- StMMA-FD. To compare with the EPS, what is the advantage of the StMMA-FD? Please read my article.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
This case involves a dispute over attorney's fees. The spouses Cadavedo hired Atty. Lacaya to represent them in a land dispute, agreeing to a contingent fee of PHP 2,000. However, Atty. Lacaya later took half of the disputed land as his fee without the spouses' consent. The RTC found this fee excessive and unconscionable, reducing the land area awarded to Atty. Lacaya. The CA then reversed the RTC's decision, upholding the original partition agreement. The Supreme Court reinstated the RTC ruling, finding the contingent fee agreement binding and Atty. Lacaya's actions as exceeding the scope of the agreement.
This tentative decision involves a construction defect lawsuit filed by homeowners (P1) against developers (D1 and D2) over a home purchased in 2000. The developers cross-complained against subcontractors (CD1). The court must decide if the homeowner and developer claims are barred by the 10-year statute of limitations for construction defect claims. The court finds that the homeowner complaint is barred because it was filed more than 10 years after completion of construction. Exceptions for fraud/misconduct and developer possession do not apply. The developer cross-complaint is also barred as it was filed after the 10-year period lapsed and no exception applies. Judgment will be entered for the defendants.
This document summarizes a court case between Mr. and Ms. McKenzie and a building contractor, Mr. Dean, regarding defects in the construction of the McKenzie's home. The Tribunal ordered Mr. Dean to pay the McKenzies $55,416 to cover damages agreed upon by both parties and additional damages assessed by the Tribunal for other defects. Key defects included inadequate reinforcement in walls, defective concrete footings, non-compliant downpipe spacing, and failure to install eaves at the specified 600mm depth. The Tribunal found evidence provided by structural engineers supported many of the McKenzie's claims.
This document discusses various types of remedies available in tort law, including self-help remedies, injunctions, and damages. It provides examples of cases to illustrate different points. Specifically, it discusses:
1) Self-help remedies that allow plaintiffs to eliminate annoyances without court intervention, as seen in Collins v Renison (1754).
2) Injunctions, including prohibitory injunctions that stop ongoing faults, and mandatory injunctions that order defendants to take action, as in Morris v Redland Bricks Ltd (1970).
3) Damages aim to restore plaintiffs to their pre-tort positions, as explained in Lim Poh Choo v Camden and Islington Area Health Authority (
This document is a complaint filed in the Superior Court of California alleging fraud, breach of fiduciary duty, and negligent misrepresentation against Brian Springhead and Doe defendants 1 through 100. The complaint was filed by Bubbles Ringer, who alleges that she invested $10,000 for basic business knowledge from Brian Springhead, but that he failed to provide the promised services and misused the funds. The complaint details the parties, jurisdiction, allegations of conspiracy and agency between the defendants, and causes of action for fraud and other claims.
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
This sample California complaint against an unlicensed contractor contains causes of action for the return of all money paid to the unlicensed contractor, fraud and negligence. It also requests additional damages under CCP Section 1029.8 as well as exemplary and punitive damages. It can be modified for use in any California case where fraud is a cause of action. This is a preview of the sample complaint sold by LegalDocsPro.
Los recientes desastres naturales que ha afrontado el Perú, con lluvias intensas y huaycos, ha puesto en el tapete la falta de una política para afrontar esos desastres, política que tiene que ver con la prevención (que es casi inexistente) y la respuesta frente a esos desastres (que es lenta y plagada de fallas).
Aquí se verá el caso de dos países, China y Japón, de diferentes niveles de desarrollo pero que tienen políticas para minimizar los daños causados por los desastres naturales y de haberlos, emprender una rápida reconstrucción.
Rapid Data Modeling and Testing with FakeItAaron Benton
NoSQL systems allow for rapid development using flexible models through schema-less documents. However, these models still need to be defined to enforce consistency within the domain. Conceptual, logical, and physical data modeling is important, and often overlooked in the development process, regardless of the database platform. Once the models for a domain have been defined, data is then needed to start building the application. Have you ever spent time writing throw away code to generate or import a dataset? In this session, Aaron will cover how Shop.com/Market America uses Couchbase Server and Couchbase Mobile, including learnings on data modeling fundamentals and different ways to rapidly generate vast amounts of random / fake data to test models.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like anxiety and depression.
Your searchbox doesn’t need to be hidden in a corner. Put it in focus and allow people to quickly go where they can find the information they need. In this talk you learn how Neos allows you to offer autocompletion, suggestions and direct navigation to results while entering a searchterm.
This talk shows you all the building blocks to integrate a powerful search with Neos.
Converting a nuisance into Value:Financing Sutainable Water Hyacinth Manageme...CPA Stephen Omondi Okoth
The target audience covers policy makers and private sector in Eastern Africa Countries. The goal is to manage a water hyacinth (Eichhornia crassipes) which has choked major water bodies in the basin in a way that adds value and give returns to investments in the management of the weed. Investments on research on livestock feed and organic manure formulation will, need to be guaranteed by MDGs, regional governments will need to finance related infrastructure while the private sector will need to invest in marketing and innovative production processes.
The document summarizes the 4Q16 financial results of Pine Bank. Key highlights include a liquid balance sheet with R$1.2 billion in cash, a BIS capital ratio of 15.4%, and a loan portfolio coverage ratio of approximately 6% due to significant provisions. Expenses declined 7% year-over-year while funding remained diversified. Guidance for 2017 includes expanded loan portfolio growth of 10-15% and a net interest margin of 2-3%.
This document provides information on different types of rashes in children and when parents should be concerned. It discusses common rashes like ringworm, fifth disease, chickenpox, impetigo, and warts. It also covers conditions such as contact dermatitis, hand-foot-mouth disease, eczema, hives, scarlet fever, roseola, rubella, Lyme disease, and diaper rash. The document emphasizes that while some rashes are minor, others can be life-threatening, so parents should see a doctor if concerned.
The IT Playbook for Seamless M&A EventsAbraic, Inc.
Careful and comprehensive IT planning is vital for a successful M&A. Here is how the IT element of an M&A event increases value, minimizes costs, and creates synergies for all involved.
Use StMMA-FD instead of EPS for lost foam casting processJong Wu
With 20+ years experience in white side of lost foam casting, Castchem developed a new product in 2016 for pattern making in white side- StMMA-FD. To compare with the EPS, what is the advantage of the StMMA-FD? Please read my article.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
This case involves a dispute over attorney's fees. The spouses Cadavedo hired Atty. Lacaya to represent them in a land dispute, agreeing to a contingent fee of PHP 2,000. However, Atty. Lacaya later took half of the disputed land as his fee without the spouses' consent. The RTC found this fee excessive and unconscionable, reducing the land area awarded to Atty. Lacaya. The CA then reversed the RTC's decision, upholding the original partition agreement. The Supreme Court reinstated the RTC ruling, finding the contingent fee agreement binding and Atty. Lacaya's actions as exceeding the scope of the agreement.
This tentative decision involves a construction defect lawsuit filed by homeowners (P1) against developers (D1 and D2) over a home purchased in 2000. The developers cross-complained against subcontractors (CD1). The court must decide if the homeowner and developer claims are barred by the 10-year statute of limitations for construction defect claims. The court finds that the homeowner complaint is barred because it was filed more than 10 years after completion of construction. Exceptions for fraud/misconduct and developer possession do not apply. The developer cross-complaint is also barred as it was filed after the 10-year period lapsed and no exception applies. Judgment will be entered for the defendants.
This document summarizes a court case between Mr. and Ms. McKenzie and a building contractor, Mr. Dean, regarding defects in the construction of the McKenzie's home. The Tribunal ordered Mr. Dean to pay the McKenzies $55,416 to cover damages agreed upon by both parties and additional damages assessed by the Tribunal for other defects. Key defects included inadequate reinforcement in walls, defective concrete footings, non-compliant downpipe spacing, and failure to install eaves at the specified 600mm depth. The Tribunal found evidence provided by structural engineers supported many of the McKenzie's claims.
This document discusses various types of remedies available in tort law, including self-help remedies, injunctions, and damages. It provides examples of cases to illustrate different points. Specifically, it discusses:
1) Self-help remedies that allow plaintiffs to eliminate annoyances without court intervention, as seen in Collins v Renison (1754).
2) Injunctions, including prohibitory injunctions that stop ongoing faults, and mandatory injunctions that order defendants to take action, as in Morris v Redland Bricks Ltd (1970).
3) Damages aim to restore plaintiffs to their pre-tort positions, as explained in Lim Poh Choo v Camden and Islington Area Health Authority (
This document is a complaint filed in the Superior Court of California alleging fraud, breach of fiduciary duty, and negligent misrepresentation against Brian Springhead and Doe defendants 1 through 100. The complaint was filed by Bubbles Ringer, who alleges that she invested $10,000 for basic business knowledge from Brian Springhead, but that he failed to provide the promised services and misused the funds. The complaint details the parties, jurisdiction, allegations of conspiracy and agency between the defendants, and causes of action for fraud and other claims.
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
This sample California complaint against an unlicensed contractor contains causes of action for the return of all money paid to the unlicensed contractor, fraud and negligence. It also requests additional damages under CCP Section 1029.8 as well as exemplary and punitive damages. It can be modified for use in any California case where fraud is a cause of action. This is a preview of the sample complaint sold by LegalDocsPro.
1. For the short essay questions write your answers in the space pro.docxSONU61709
1. For the short essay questions write your answers in the space provided below each question. 2. Answer all questions.4. This exam is administered on a strict honor code and you are precluded from discussing its contents or your answers with anyone else but the instructor.
PART I: True – False Questions. Circle the correct answer. (1point each, total 10 marks)
1. T/F Any common law doctrine can be modified by a legislative act.
2. T/F A Professional Code of Ethics embodies the views of the profession, regarding the implied
social contract between its members on the one hand, and the larger society on the other.
3. T/F A condition subsequent in a contract, is an event which must occur before there is a duty to
perform.
4. T/F To be in privity of contract means to be a witness at the signing of the contract.
5. T/F Novation means substitution, usually of the parties in a construction contract.
6. T/F Subjective impossibility is an acceptable excuse for failure to perform a contractual obligation.
7. T/F Liquidated damages is the money the owner pays to contractor for delaying the project
8. T/F In a unit price contract, the contractor is expected to produce the project as designed for a fixed
sum.
9. T/F A builder’s risk insurance is an all-risk policy covering the contractor for all potential losses on a
construction project.
10. T/F A performance specification stipulates the details of how the contractor is to perform the work.
PART II: Multiple Choice Questions. Mark the best answers. (2-points each, total 20 marks)
1. The supreme law of the land refers to which of the following?
A. All acts of the US Congress. C. The United States Constitution.
B. Laws passed by State Legislatures. D. Decrees of the Executive Branch.
2. A contract remains enforceable even if the party seeking to avoid performance alleges and proves which one of the following?A. Innocent Misrepresentation C. Mutual Mistake
B. Fraud. D. Extreme Hardship.
3. Arthur sold his house to Michael, who agreed to pay the existing mortgage on the house. The bank holding the mortgage consequently released Arthur from liability for the debt. This transaction is which one of the following?
A. A delegation . C. Invalid, as the bank received no additional consideration.
B. A novation. D. Does not release Arthur from liability, if Michael defaults.
4. The term Statute of Limitations refers to which one of the following?
A. The effect of passage of time on the maintainability of claims.
B. The requirement that agreements not coming into force within a year be put into writing.
C. Limitation of the value of the damage claims that a plaintiff can make in a liability suit.
D. None of the above.
5. A Deposition is a pre-trial procedure involving which one of the following?
A. Sworn testimony taken in writing. C. The process of posting a bail bond.
B. The process of jury selection. D. None of the above.
6. A builder’s risk policy prot ...
The applicant sought to set aside a statutory demand issued by the respondent claiming US$249,216.15 was owed. The applicant argued there was a genuine dispute as to the debt because: (1) tools supplied by the respondent in 2011 were defective, incomplete, and caused the applicant to lose a lucrative contract; (2) in June 2012, the parties entered a compromise agreement with a payment plan, which the respondent later repudiated; and (3) the debt claimed was the same as in the repudiated agreement. The court set aside the statutory demand, finding a genuine dispute existed as to the debt claimed.
Sample california complaint for real estate fraud against seller, broker and ...LegalDocsPro
This sample California complaint for real estate fraud contains causes of action for breach of contract, failure to disclose in a Real Estate Transfer Disclosure Statement and fraud by concealment. The sample names the seller, broker and agent as defendants and includes brief instructions.
This case involves a dispute between a strata management corporation and a unit owner over unauthorized alterations made by the unit owner. The management corporation sought mandatory injunctions to compel the removal of an unauthorized awning, wash basin, doorways, and possessions installed or placed in common areas by the unit owner. The court analyzed whether the injunctions should be granted by examining if the management corporation's conduct was unjust, and balancing the damage caused by the breaches versus the hardship an injunction would impose. The court found the breaches were not trivial and undermined the management corporation's authority. A mandatory injunction was warranted.
The plaintiff in this case runs a janitorial service that primarily cleans restaurants. They have sued a former employee, Altman, for breach of a non-compete agreement and theft of trade secrets.
To state the obvious: The identity and contact information of the Cheesecake Factory is not a trade secret. Knowing how to clean a restaurant is not a trade secret. Quoting a price for cleaning services is not a trade secret.
Pollard PLLC represents Altman and has countersued for the following:
1. Declaratory judgment holding the non-compete agreement unenforceable.
2. False advertising under the Lanham Act.
3. Defamation. The Plaintiff has gone to multiple customers and told them that Altman stole their trade secrets and even stole equipment. Altman maintains that these allegations are total fabrications.
4. Tortious interference.
5. Breach of contract for failure to pay certain commissions.
Altman, now the Defendant/Counter-Plaintiff is seeking at least $10 million in damages in addition to corrective advertising to clear her name.
This document is a complaint filed in the Superior Court of California, County of Los Angeles by plaintiffs Abdullah Abed and Diana Abed against defendant Michael Stevenson and Doe defendants 1-4 for breach of a residential lease agreement. The complaint alleges that Stevenson failed to pay rent beginning in October 2010 and abandoned the leased property without permission, in violation of the terms of the one-year lease agreement. The plaintiffs are seeking unpaid rent, damages for repairs, replacement of removed property, attorneys' fees, costs, and other relief from the court.
1) The spouses Osmeña and Merlyn Azarraga obtained a loan of P30,000 from M.B. Lending Corporation along with petitioner Estrella Palmares as a co-maker. Several payments were made but a balance of P13,700 remained. M.B. Lending Corporation sued Palmares as the sole defendant.
2) The issue is whether Palmares' liability is as a surety or guarantor.
3) The court ruled that based on the clear terms of the contract, Palmares is solidarily liable as a surety since she voluntarily signed the promissory note and cannot claim ignorance of the legal effect. M.
Sample trial brief for California civil caseLegalDocsPro
This sample trial brief for a California civil case is used by a party in a California litigation case. The sample can be modified and used in most California litigation cases, it also includes a memorandum of points and authorities with citiations to case law and statutory authority and a proof of service by mail. This is a preview of the sample sold by LegalDocsPro.
This document discusses various types of building contracts and key cases related to payment terms. It addresses:
- Lump sum contracts generally require completion of work before payment is due, while interim payments may be allowed. Substantial performance, not absolute compliance, is required.
- Entire contracts require full performance as a condition of payment. If a party abandons work before completion, they cannot recover payment for partial work.
- Case law explores exceptions, such as allowing partial payment on a quantum meruit basis if the client benefits from partial work, or deducting costs to remedy defects from final payment.
- Standard form contracts must be interpreted in light of general contract law and precedent cases on conditions, warrant
Superstorm Sandy Flood Insurance Proceeds Found Payable to Landlord Rather Th...NationalUnderwriter
A bankruptcy court in New Jersey has ruled that a flood insurance payment for contents of a restaurant damaged by Superstorm Sandy was payable to the landlord rather than to the restaurant, which had entered bankruptcy, because, under the parties’ lease, the landlord had an insurable interest in the proceeds.
Similar to Lawsuit versus 1 and 1 Electric and Sami Khosravi (20)
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART
The report *State of D2C in India: A Logistics Update* talks about the evolving dynamics of the d2C landscape with a particular focus on how brands navigate the complexities of logistics. Third Party Logistics enablers emerge indispensable partners in facilitating the growth journey of D2C brands, offering cost-effective solutions tailored to their specific needs. As D2C brands continue to expand, they encounter heightened operational complexities with logistics standing out as a significant challenge. Logistics not only represents a substantial cost component for the brands but also directly influences the customer experience. Establishing efficient logistics operations while keeping costs low is therefore a crucial objective for brands. The report highlights how 3PLs are meeting the rising demands of D2C brands, supporting their expansion both online and offline, and paving the way for sustainable, scalable growth in this fast-paced market.
Satta matka fixx jodi panna all market dpboss matka guessing fixx panna jodi kalyan and all market game liss cover now 420 matka office mumbai maharashtra india fixx jodi panna
Call me 9040963354
WhatsApp 9040963354
NIMA2024 | De toegevoegde waarde van DEI en ESG in campagnes | Nathalie Lam |...BBPMedia1
Nathalie zal delen hoe DEI en ESG een fundamentele rol kunnen spelen in je merkstrategie en je de juiste aansluiting kan creëren met je doelgroep. Door middel van voorbeelden en simpele handvatten toont ze hoe dit in jouw organisatie toegepast kan worden.
Discover the Beauty and Functionality of The Expert Remodeling Serviceobriengroupinc04
Unlock your kitchen's true potential with expert remodeling services from O'Brien Group Inc. Transform your space into a functional, modern, and luxurious haven with their experienced professionals. From layout reconfiguration to high-end upgrades, they deliver stunning results tailored to your style and needs. Visit obriengroupinc.com to elevate your kitchen's beauty and functionality today.
During the budget session of 2024-25, the finance minister, Nirmala Sitharaman, introduced the “solar Rooftop scheme,” also known as “PM Surya Ghar Muft Bijli Yojana.” It is a subsidy offered to those who wish to put up solar panels in their homes using domestic power systems. Additionally, adopting photovoltaic technology at home allows you to lower your monthly electricity expenses. Today in this blog we will talk all about what is the PM Surya Ghar Muft Bijli Yojana. How does it work? Who is eligible for this yojana and all the other things related to this scheme?
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART INDIA MATKA KALYAN SATTA MATKA 420 INDIAN MATKA SATTA KING MATKA FIX JODI FIX FIX FIX SATTA NAMBAR MATKA INDIA SATTA BATTA
AI Transformation Playbook: Thinking AI-First for Your BusinessArijit Dutta
I dive into how businesses can stay competitive by integrating AI into their core processes. From identifying the right approach to building collaborative teams and recognizing common pitfalls, this guide has got you covered. AI transformation is a journey, and this playbook is here to help you navigate it successfully.
Presentation by Herman Kienhuis (Curiosity VC) on Investing in AI for ABS Alu...Herman Kienhuis
Presentation by Herman Kienhuis (Curiosity VC) on developments in AI, the venture capital investment landscape and Curiosity VC's approach to investing, at the alumni event of Amsterdam Business School (University of Amsterdam) on June 13, 2024 in Amsterdam.
The Role of White Label Bookkeeping Services in Supporting the Growth and Sca...YourLegal Accounting
Effective financial management is important for expansion and scalability in the ever-changing US business environment. White Label Bookkeeping services is an innovative solution that is becoming more and more popular among businesses. These services provide a special method for managing financial duties effectively, freeing up companies to concentrate on their main operations and growth plans. We’ll look at how White Label Bookkeeping can help US firms expand and develop in this blog.
Ellen Burstyn: From Detroit Dreamer to Hollywood Legend | CIO Women MagazineCIOWomenMagazine
In this article, we will dive into the extraordinary life of Ellen Burstyn, where the curtains rise on a story that's far more attractive than any script.
The Most Inspiring Entrepreneurs to Follow in 2024.pdfthesiliconleaders
In a world where the potential of youth innovation remains vastly untouched, there emerges a guiding light in the form of Norm Goldstein, the Founder and CEO of EduNetwork Partners. His dedication to this cause has earned him recognition as a Congressional Leadership Award recipient.
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;
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