BEVERLY HILLS LAW CORP., PC 1 Sagar Parikh, Esq. (SBN 282655) th 2 433 N. Camden Drive, 6 Floor Beverly Hills, CA 90210 3 Telephone: (310) 887-1338 Facsimile: (310) 982-2603 4 Bimali Walgampaya (SBN 266856) 5 LAW OFFICES OF WELLMAN & WARREN LLP 24411 Ridge Route Drive Suite 200 6 Laguna Hills, CA 92653 Telephone: (949) 580-3737 7 8 Attorneys for Plaintiff, ONLINE COMMUNICATIONS, LLC 9 10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF ORANGE
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ONLINE COMMUNICATIONS, LLC, a Wyoming limited liability company,
COMPLAINT FOR:
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Case No.:
Plaintiff, 1. 2. 3.
v. IDRIS D. CLARK, an individual; and DOES 1 through 20, inclusive,
FRAUD AND DECEIT MONEY HAD AND RECEIVED CONVERSION
Defendants
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COMES NOW, Plaintiff ONLINE COMMUNICATIONS, LLC (“Plaintiff”) and hereby
24 submits its Complaint and alleges as follows: 25 26
GENERAL ALLEGATIONS 1.
Plaintiff is now, and at all times relevant herein has been a Wyoming limited liability
27 company. 28
2.
Plaintiff is informed, believes and thereupon alleges that Defendant IDRIS D. -1COMPLAINT
1 CLARK (“Clark”) is an individual who at all times relevant herein has resided in the County of 2 Orange, State of California. 3
3.
Plaintiff is ignorant of the true names and capacities, whether individual, corporate,
4 associate, or otherwise, of Defendants sued herein as DOES 1 through 20, inclusive, and, therefore, 5 sues these Defendants by such fictitious names. Plaintiff will amend this complaint to allege their 6 true names and capacities when ascertained. Plaintiff is informed and believes and thereon allege 7 each of these fictitiously named Defendants is responsible in some manner for the occurrences 8 herein alleged, and that Plaintiff’s damages, as herein alleged, were proximately caused by such 9 Defendants. 10
FACTUAL ALLEGATIONS
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COMMON TO ALL CAUSES OF ACTION
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4.
Plaintiff is a business entity that operates a variety of multi-level marketing
13 companies, including those in the medical industry. 14
5.
In or about July 2012, Clark represented to Plaintiff’s principal, Jason Caramanis,
15 that Clark would provide medical consulting services to Plaintiff . 16
6.
In reliance on these representations made to Plaintiff, Plaintiff paid Clark $25,000
17 via check on July 7, 2012. 18
7.
Clark cashed this check, however, as of the date of this Complaint, Clark has not
19 provided any medical consulting services, or any other services to Plaintiff. 20
8.
Nor has Clark returned the $25,000 or any portion of this money to Plaintiff.
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FIRST CAUSE OF ACTION
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(Fraud and Deceit Against All Defendants)
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9.
Plaintiff adopts and incorporates each of the foregoing paragraphs by reference as
24 though fully set forth herein. 25
10.
In or about July 2012, Clark represented to Plaintiff that Clark could and would
26 provide medical consulting services to Plaintiff. 27
11.
Plaintiff, who needed such medical consulting services, relied on these
28 representations made by Clark and paid Clark a sum of $25,000 for medical consulting services. -2COMPLAINT
1
12.
Plaintiff is informed, believes, and thereupon alleges that when Clark made the
2 representations to Plaintiff regarding the medical consulting services, Clark knew that he would not 3 be able to provide any such medical consulting services and that Clark never intended to provide 4 medical consulting services or help Plaintiff in any other manner. 5
13.
Plaintiff is further informed, believes, and thereupon alleges that when Clark made
6 the above representations to Plaintiff, Clark had the specific intention of defrauding Plaintiff by 7 misrepresenting to Plaintiff that Clark would provide medical consulting services to Plaintiff. 8
14.
Plaintiff actually and justifiably relied on the foregoing representations and paid
9 Clark a sum of $25,000. 10
15.
As a direct and proximate result of Clark’s fraudulent actions and representations,
11 Clark has suffered damages in an amount to be proven at trial, but no less than $25,000. Plaintiff 12 has discovered the fraudulent misrepresentations of Clark within the last 3 years. 13
16.
Plaintiff is informed, believes, and thereupon alleges that the foregoing
14 representations of Clark were made willfully, wantonly, maliciously, intentionally, oppressive and 15 despicable and were done in willful and conscious disregard of the rights, welfare and safety of 16 Plaintiff, and that such fraudulent or wrongful conduct justifies an award of punitive damages 17 against Clark in an amount to be determined at time of trial. 18
SECOND CAUSE OF ACTION
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(Money Had and Received Against All Defendants)
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17.
Plaintiff adopts and incorporates each of the foregoing paragraphs by reference as
21 though fully set forth herein. 22
18.
Clark received $25,000 that was to be used for the benefit of Plaintiff, specifically,
23 to provide Plaintiff with medical consulting services from Clark. 24
19.
This $25,000 was not used for the benefit of Plaintiff, as Clark did not ever provide
25 any medical consulting services or any other services for Plaintiff. 26
20.
As of the date of this Complaint, Clark has not returned any of the $25,000 to
27 Plaintiff. 28 // -3COMPLAINT
1
THIRD CAUSE OF ACTION
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(Conversion Against All Defendants) 21.
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Plaintiff hereby adopts and incorporates by reference all prior paragraphs as though
4 fully set forth herein. 5
22.
Plaintiff gave Clark $25,000 for medical consulting services.
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23.
Instead of providing medical consulting or any other services to Plaintiff, Clark
7 converted the funds for his own use. 24.
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As a proximate result of Clark’s conversion, Plaintiff has sustained damages in an
9 amount in excess of $25,000, precise amount to be proven at trial. Plaintiff has also expended 10 substantial time and money, including attorneys’ fees, in pursuit of the converted property as a 11 result of Clark’s intentional acts. 25.
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Plaintiff is informed, believes and thereupon alleges that in committing the acts
13 and/or omissions herein alleged, Clark acted willfully and with the intent to cause injury and 14 converted the above-described property belonging to Plaintiff, and acted with malice, oppression 15 and/or fraud as defined under Civil Code § 3294, warranting an award of punitive damages against 16 Clark. PRAYER FOR JUDGMENT
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18 WHEREFORE, Plaintiff prays for judgment against Clark as follows: 19
1. For general damages in an amount to be proven at trial, but in an amount exceeding $25,000;
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2. For exemplary and punitive damages;
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3. For restitutionary damages in an amount to be proven at trial;
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4. For special and consequential damages in a sum according to proof at the time of trial;
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5. For interest according to law;
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6. For reasonable attorneys’ fees pursuant to Code of Civil Procedure § 1021.5, or other applicable law; and
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7. For such other and further relief as this Court deems just and proper.
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