Received for Filing Oakland County Clerk 2015 FEB 05 PM 03:59 This case has been designated as an eF'iling case. To review a copy of the Notice of Mandatory eFiling visit www.oakgov. com/clerkroc/efiling. STATE OF MICHIGAN OAKLAND COUNTY CIRCUIL COURT SURINDAR K. JOLLY, an individual, SANJAY JOLLY, an - individual, SHREE INVESTMENT GROUP, L.L.C., ¢ Michigan limited liability company, 2015-145364-CK Pleintidt, JUDGE ALEXANDER aad 2015- OAKLAND PHYSICIANS MEDICAL CENTER, LLC a ‘Michigan limited liability company d/b/a DOCTORS® KOSPITAL, OF MICHIGAN, Defendant, ‘SIMON PLC Attorneys & Counselors Craig T. Mierewa (P72594) John Polderman (P65720) Frank R. Simon (P54731) Attorneys for Plaintisis 37000 Woodward Avenue, Suite 250 Bloomfield Hills, Michigan 48304 248-720-0290 (248-720-029 1 —fax emiecowa@simonsttys.com COMPLAINT ‘There is no other pending ot resolved civil action arising out of the transaction or occurrence alleged in the complaint Plaintifis Surindar K. Jolly, Senjay Jolly and Shree Investments, LL.C., for theie complaint against defendant Oakland Physicians Medical Center, LILC d/bfa Doctors’ Hospital of Michigan states:59 Received for Filing Oakland County Clerk 2015 FEB 05 PM 03: PARTIES, JURISDICTION AND VENUE 1, Plaintiff Surindar Jolly (*Surindar’) is an vidual with an address of 5243 Elmgate Drive, Orchard Lake Village, Michigan, 2, Plaintiff Sanjay Jolly ("Sanjay") is an individual with an address of 5243 Elmgate Drive, Orchard Lake Village, Michigan. 3. Plaintiff Shree Investment Group, L-L.C. Shree”) is a Michigan limited liability company located at 4020 Venoy Rd Ste 800, Wayne Michigen 48184. 4 Upon information and belief, Defendant Oakland Physicians Medical Center, LLC dba Doctors’ Hospital of Michigan (*OPMC” or “Defendant”) is a Michigan tlmited liability company located at 461 WV. Huron St., Pontiac, Michigan 48341, 5. The amount in controversy in this case exceeds $25,000.00 exclusive of interest and costs. 6 Venue is proper as the Defendant reside in and/or conduct business in the county of Osidand, Stele of Michigan. Coonr, BREACH OF CONTRACT OF SURI 7. Plaintiffs incorporate all prior paragraphs as though set forth herein. 8 OPMC enlered into the following demand promissory notes (collectively the “Surindar Notes") with Surindar in the collective amount of $1,025,000 Exhibit 1). A breakdown of the Surindar Notes is as follows: DATE AMOUNT a3. $_ 215,000.00 WAS $35,000.00 /sni3 S_ 300,000.00Received for Filing Oakland County Clerk 2015 FEB 05 PM 03:59 S13 5 _ 70,000.00 LOGS '$_ 100,000.00 11/30/13 ‘$_ 70,000.00 12/133 | $50,000.00 1/26/14 $35,000.00 3/6/14 aia $100,000.00 ania AOE $30,000.00 TOTAL $1,025,000.00 9. Bytthis complaint, Surindar makes demand in full 10, The Surindar Notes are demand obligations. 13, Failure to make payment in full is a default in the terms and conditions of the Sutindar Notes, 12, Defendant has refused, failed or otherwise omitted to make payment to Sundae of the indebtedness presently outstanding, 13, As of February 4, 2015 the balance owed on the Sucindar Notes, exclusive of attomeys” fees and lega! costs, interest and late charges is $1,025,000.00. Count BhuAci or Cowrracr oF Sansay Nore 14, Plaintiffs incozporate all prior paragraphs as though set forth herein. 15. On or about April 1, 2013 OPMC entered into the following consolidated, amended and restated promissory note (the “Sanjay Note”) with Sanjay in the amount of $50,000.00 (Exhibit 2) 16, By this complaint, Sanjay makes demand in full. 17, "The Sanjay Note is demand obligation.Received for Filing Oakland County Clerk 2015 FEB 05 PM 03:59. 18. Failure to make payment in full is a defiult in the terms and conditions of the Sanjay Note, 19, Defendant has refused, failed or otherwise omitted to make payment to Sanjay of the indebtedness presently outstanding, 20. As of February 4, 2015 the balance owed on the Sanjay Note, exclusive of aliomeys’ fees and legal costs, interest and late charges is $50,000.00. Couvr mn BREACH OF CoNTRACT OF SaREE Nore, 21, Plaintiffs incorporate all prior paragraphs as though set forth herein, 22. ORMC entered into the following consolidated, amended and restated promissory nove (the “Shree Note”) with Shree in the amount of $1,214,000.00 (Exhibit 3). 23. By this complaint, Shree makes demand in full, 24. The Shree Note is « demand obligation, 25. Failure to make payment in full is @ default in the tenns and conditions of the Shree Nore. 26. Defendant has sefused, fatled or otherwise omitted to make paynent 10 Shree of the indebtedness presently outstanding. 27. As of Febraary 4, 2015 the balance owed on the Shree Note, exclusive of attorneys’ fees and legel costs, interest and late charges is $840,000.00, rT {LAI FOR ATTORNEYS" FEES AND Costs 28. Plaimtfi’s incorporate all prior paragraphs as though set forth herein.g Oakland County Clerk 2015 FEB 05 PM 03:59 s > 3 2 o 8 3 @ 29, ‘The Surindar Notes, the Sanjay Note and Shree Note (collectively, the “Notes”) call for Defendant to reimburse Plaintifts for any and all costs and expenses, including court costs and altomeys' fees, incurred in the enforcement of the terms nf the Notes, 30, Defendant has failed or otherwise refused to make repayment to Plaintiffs in full of the debt presently owed to each of them. 31. Upon a decision of this Court awarding Plat iff their principal damages, and finding the Defendant in default of is contractual obligations, this Court should enter an award in favor of Pleintifis for their court costs and attorneys’ fees and costs incumed in the enforcement of the obligations due under the Notes. WHEREFORE, Plaintiffs request that the Court grant a money judgment against Defendant Oakland Physicians Medical Center, LLC d/b/a Doctors’ Hospital of Michigan exclusive of attorneys’ fees and legal costs, interest and late charges, as provided in the Notes together with such other and further relief that may just and equitable under the circumstances. Date Febroary 5, 2015 SIMON PLC ayten ys & Counselors pn. ~~ Gx Mietawa (P7259) John Poiderman (P65720) Attorneys for Plaintit 37000 Woodward Avenue, Suite 250 Bloomfield Hills, Michigan 48304 (248) 720-0290 (248) 720-0291 —fax emierawa@simonattvs.com