Dae uv 2 San ii ine Ze SS BNEREREBBEBSBEN SRE @ “e (BELOW FON FILING STAMP ONLY) FILED SHERMAN AnD cent LOS ANGELES SUPERIOR COURT De acerca alae paves ORR PBAR NG S80” 25 2006 JOHYA/ CLARKE, CLERIC Attorneys for_Plaintif® | BY MARY’ DEPUTY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL COURTHOUSE, BC402678 WAYNE DISTRIBUTION CENTER, a corporation) CASE NO. dba PREMIER MEAT COMPANY, ) ) UNLIMITED CIVIL ACTION Plaintiff, ) COMPLAINT FOR MONEY vs. ) DEMAND: $25,953.29 ) BOLLICORP, LLC dba THREE FORKS CHOP ) 1. Goods Sold and HOUSE aka THREE FORKS; ) Delivered; MARK BOLLINGER, an individual aka MARK W. ) 2. Quantum Valebant; BOLLINGER; ) 3. Open Book Account; and DOES 1 through 20, ) 4. Account Stated; ee Breach of Contract; Defendants. ) and 6. Personal Guaranty. Plaintiff complains and alleges as follows: FIRST. ACTION. EFENDANT BOLLICO} THREE HOP HOUSE aka AND Di (ROUGH 15 1. The true names and capacities, whether individual, corporate, S@agciai Sr otherwise, of the defendants named herein as DOES 1 through 20 are unigay pg diel Grco fk therefore sues said defendants by such fictitious names, and plaintiff will wR Bangi to show their true names and capacities when the same have been ascertained. 4 83 2 2 2. Plaintiffs, andatal times hereinmentioned was, a corporation dul Fauthore ad existing under and pursuant to the laws of the State of California and has filed all. rein datutdry notices. 1 CORPLRINT FOR HONEY, GOOBS SOLD & DELIVERED, PERSONAL OURRANTYSHERMAN AND GLENN aa Atall times herein mentioned, each of the defendants was the agent and employee of each of the remaining defendants and was at all times herein mentioned acting within the scope of such agency and employment. 4. Plaintiff alleges that at all times herein relevant defendant BOLLICORP was a limited liability company doing business by the fictitious business name of THREE FORKS CHOP HOUSE aka THREE FORKS. Performance of the contract by defendant's payment to plaintiff ‘was to occur at plaintiff's place of business located at 5030 Gifford Avenue, Vernon, California 90058. oon ane we we 5. Plaintiffs informed and believes, and on that basis alleges, that at all times herein 10}| mentioned there existed and continues to exist a unity of interest and ownership between limited 11|| liability company defendant BOLLICORP, LLC dba THREE FORKS CHOP HOUSE aka THREE 12|| FORKS and Doe defendants 1 through 10, such that any individuality and separateness has ceased 13]| to exist and limited liability company defendant BOLLICORP, LLC dba THREE FORKS CHOP 14}| HOUSE aka THREE FORKS is a mere shell, instrumentality, and conduit through which the Doe 15}| defendants 1 through 10 have performed the acts herein complained of. Adherence to the fiction 16|| ofthe separate existence between said Doe defendants 1 through 10.and adherence tothe purported 17)] limited liability company form of defendant BOLLICORP, LLC dba THREE FORKS CHOP 18|| HOUSE aka THREE FORKS would sanction fraud and promote injustice in that said Doe 19}| defendants 1 through 10 would be permitted to avoid legal responsibility for their actions as herein. 20)} alleged. 24 6. Within four years last past in the County of Los Angeles, State of California, defendant Bollicorp, LLC dba THREE FORKS CHOP HOUSE aka THREE FORKS and DOES 1 through 15 (hereinafter referred to as "THREE FORKS") became indebted to plaintiff in a sum 22| 23 24}] in excess of $25,953.29 for goods and merchandise sold and delivered to THREE FORKS by 251) plaintiff, and THREE FORKS then and there agreed to pay for all goods and merchandise sold to 26) it. 27 7. While THREE FORKS may have made periodic payments on the account, the full COMPLAINT SELIVERED, ‘CORRANTYSHERMAN AND GLENN amount on said account has not been paid, although demand therefor has been made, and there is now due, owing and unpaid the total sum of $25,953.29, together with interest thereon at the rate provided by law. SECOND CAUSE OF ACTION AGAINST THREE FORKS 8. Plaintiff incorporates herein by reference paragraphs 1, 2, 3, 4 and 5 of the First Cause of Action, and realleges same as though fully set forth herein. 9. Within the last four years in the County of Los Angeles, State of California, plaintiff sold and delivered to THREE FORKS, at their special request, certain goods and merchandise, the reasonable value of which THREE FORKS then and there agreed to pay to plaintiff. 10, During the time of the sale and delivery of the goods and merchandise from plaintiff to THREE FORKS, the reasonable value of the goods and merchandise was in excess of the sum 0f $25,953.29. 11, While THREE FORKS may have made periodic payments on the account, the full amount on said account has not been paid, although demand therefor has been made, and there is now due, owing and unpaid the total sum of $25,953.29, together with interest thereon at the rate provided by law. THIRD CAUSE OF ACTION AGAINST THREE FORKS 12. Plaintiff incorporates herein by reference paragraphs 1, 2, 3, 4 and 5 of its First Cause of Action, and realleges same as though fully set forth herein. 13. Within four years last past, THREE FORKS became indebted to plaintiff on an open book account for money due in the sum of $25,953.29 for goods sold and delivered by plaintiff to ‘THREE FORKS at their special instance and request for which THREE FORKS agreed to pay said sum. 14, While THREE FORKS may have made periodic payments on the account, the full amount on said account has not been paid, although demand therefor has been made, and there is 3 SN IRINT FOR MONEY GGOGS "SOLD E_DELTVERED, PERSONAL GUARANTYSHERMAN AND GLENN now due, owing and unpaid the total sum of $25,953.29, together with interest thereon at the rate provided by law. 15, Pursuant to Civil Code Section 1717.5, plaintiff is entitled to attorney's fees for bringing action on the open book account and plaintiff requests its attorney's fees pursuant to said Civil Code Section 1717.5. FOURTH CAUSE OF ACTION AGAINST THREE FORKS 16. Plaintiff incomporates herein by reference paragraphs 1, 2, 3, 4 and $ of its First oerwr]aae one 10|| Cause of Action, and realleges same as though fully set forth herein. 17. Within four years last past in the County of Los Angeles, State of California, an 12|| account was stated by and between plaintiff and THREE FORKS, wherein it was agreed that 13|| THREE FORKS was indebted to plaintiff in the sum of $25,953.29. 14 18. While THREE FORKS may have made periodic payments on the account, the full 15]| amount on said account has not been paid, although demand therefor has been made, and there is 16|] now due, owing and unpaid the total sum of $25,953.29, together with interest thercon at the rate 17|| provided by law. 18| 19) HIETH CAUSE OF ACTION AGAINST THREE FORKS 20) 19. Plaintiff incorporates herein by reference paragraphs 1, 2, 3, 4 and 5 of its First 21}| Cause of Action, and realleges same as though fully set forth herein, 22 20. On or about May 4, 2007, plaintiff and THREE FORKS entered into a written 23]| agreement entitled "Application For Credit And Agreement” whereby plaintiff would sell goods 241] and merchandise to THREE FORKS and THREE FORKS agreed to pay for same, Thereafter, in 25]| compliance with said agreement and plaintiff's extension of credit for THREE FORKS to purchase 26|| goods and merchandise, plaintiff did sell goods and merchandise to THREE FORKS. Attached 27]| hereto and incorporated herein by reference as EXHIBIT "1" is a true and correct copy of the —S0HPERTRT-FOR HONEY, GOODS BOLD & DELIVERED, PERSONAE GURRANEY—————§ i g z & 5 <3 30 22 s< sz 5g z 5 : é eereaacrone written agreement/Credit Application. 21, Plaintiff'has performed all conditions, covenants, and promises under the written agreement on its part to be performed. 22. Onorabout October 20, 2008, THREE FORKS breached the agreement by failing and refusing to pay the sums due to plaintiff. 23. Asaresult of THREE FORKS’ breach of contract, plaintiff has been damaged in the sum of $25,953.29, 24, Said agreement, a copy of which is attached hereto as EXHIBIT "1" and incorporated herein by this reference, provides, in part, that in the event itis necessary to maintain an action to enforce any of the terms and conditions thereof, the defaulting party promises and agrees to pay, in addition to the amount found to be due thereunder, a reasonable sum as and for attorneys fees. Plaintiff requests its reasonable attomey’s fees for prosecuting this action. ‘SIXTH CAUSE OF ACTION AGAINST MARK BOLLINGS, an individual aka MARK W, BOLLINGER and DOES 16 through 20 25. Plaintiff incorporates herein by reference paragraphs 1, 2, 3, 4 and 5 of the First Cause of Action and realleges same as though fully set forth herein, 26. On or about May 4, 2007, defendant MARK BOLLINGER, an individual aka MARK W. BOLLINGER and DOES 16 through 20, (hereinafter for convenience "MARK BOLLINGER") entered into an agreement with plaintiff wherein defendant MARK BOLLINGER personally guaranteed the obligations of defendant THREE FORKS to plaintiff. Attached hereto and incorporated herein by reference as EXHIBIT "1" is a true and correct copy of the agreement containing the personal guaranty of defendant MARK BOLLINGER for the debt of defendant ‘THREE FORKS. 27. Although demand has been made to defendant MARK BOLLINGER for payment of the obligation of defendant THREE FORKS, said obligation has not been discharged by defendant MARK BOLLINGER. There is presently a balance due of $25,953.29 from defendant 5 SOFT FOR HONEY, GOODS-SOUD-E DELIVERED, PERSONRE CURRANT