Andrew T. Hays, Antonia Hays, Sarah E. Buck Adjunct Professor at ITT Chicago Kent Law school are charged with aiding and abetting a client to commit fraud.
Disclaimer: Andrew T. Hays, Antonia Hays, Sarah E. Buck are considered Innocent until proven guilty.
These Chicago Lawyers are not recommended by the Americans for Attorney Ethics (AEAE)
Andrew T. Hays, Antonia Hays, Sarah E. Buck Adjunct Professor at ITT Chicago Kent Law school are charged with aiding and abetting a client to commit fraud.
Disclaimer: Andrew T. Hays, Antonia Hays, Sarah E. Buck are considered Innocent until proven guilty.
These Chicago Lawyers are not recommended by the Americans for Attorney Ethics (AEAE)
Andrew T. Hays, Antonia Hays, Sarah E. Buck Adjunct Professor at ITT Chicago Kent Law school are charged with aiding and abetting a client to commit fraud.
Disclaimer: Andrew T. Hays, Antonia Hays, Sarah E. Buck are considered Innocent until proven guilty.
These Chicago Lawyers are not recommended by the Americans for Attorney Ethics (AEAE)
Christopher Stoer ! ! P"i#ti$$s, ! ! No% &'() CH'*+,- ! .Tr"#s$erre/ $ro0 Ch"#1er2 ! to L"3! ! 45/6e M17r"th M"r8 Stoer, i#/i9i/5"2 "#/ /:" ! Roo0 (-'+ Ste"th C5es ! -;''"0 De$1o# I#/5stries, LLC ! (LIMITED LIABILITY COMPANY ARIZONA) ! A#/re3 H"2s,i#/i9i/5"2, ! D"te No9% ((, &'() A#to#i" H"2s, i#/i9i/5"2, ! S"r"h <518, i#/i9i/5"2% ! H"2s Fir0 LLC ! 4oh# Does ( thr5 (' et " De$e#/"#ts FIRST AMENDED COMPLAINT NOW COME the Plaintiffs, Christopher Stoller 65 (Stoller), by and through his attorney, Wayne hine, and !o"plain of the #efendant$s, son Mar% Stoller &', doing business as Stealth Cues, #ef!on (ndustries, ))C, a li"ited )iability Co"pany of *ri+ona herein after referred to as Mar%, upon personal infor"ation and belief as to the a!ti,ities of others and all other "atters, and state as follo-s. NATURE OF ACTION /0 1his is an a!tion against the defendants for de!laratory 2udg"ent, fraudulent "isrepresentation, Con,ersion, fraud, intentional infli!ted of e"otional stress, related !lai"s arising fro" a fa"ily relationship bet-een Christopher Stoller 65, and his son / Mar% Stoller &'0 3y this a!tion, Christopher Stoller see%s, inter alia, de!laratory relief, !o"pensatory da"ages, puniti,e da"ages, an in2un!tion and and attorney4s fees and !osts0 PARTIES 50 Christopher Stoller, 65 is a disable adult and a resident of Coo% County, (llinois0 '0 Mar% Stoller, &', is the oldest Son of Christopher Stoller, a resident of *ri+ona0 &0 Stealth Cues is a dba of Mar% Stoller, -ho does business in Coo% County, (llinois and -ho operates his business out of his rental ho"e0 50 #ef!on (ndustries, ))C (LIMITED LIABILITY COMPANY ARIZONA) (#ef!on) a 6shell7 !orporation, a one "an operation, -hi!h is the alter ego of Mar% Stoller and does business regularly -ithin Coo% County0 #ef!on is a one "an operation,, privately held corporation in which the principal shareholder, president, and CEO are the same person, Mark Stoller. There is a unity of interest and ownership between the Defcon and its euitable owner, Mark Stoller, that the separate personalities of the corporation, Defcon and the sole owner do not in reality e!ist. Second, there is an ineuitable result if the acts of Mark Stoller and"or Defcon are treated as those of himself and"or of the corporation alone. #See F. Hoffman-La Roche v. Superior Court, $%& Cal. 'pp. (th )*+, ),- #+&&./.Er0o the 1shell2 corporation of Defcon is a necessary party to this suit and all of the acts and torts that Mark Stoller is char0ed with likewise attributed to his 1shell2 corporation, Defcon. ..a The law firm which represents Mark Stoller, 3ays 4irm 55C, a Chica0o law firm located at .. 6. 6acker Drive, $( th 4loor, Chica0o, 7llinois -&-&$. 'ttorneys *ndre- 8ays, indi,idually, 5 *ntonia 8ays (ndi,idually and Sarah 3u!%, indi,idually0 5b0 9or purposes of this Co"plaint for (n2un!ti,e and Other elief, any referen!e to the a!ts of Mar% Stoller shall "ean that su!h a!ts are attributable to, by and through the a!ts of #ef!on (ndustries ))C$s offi!ers, "e"bers, o-ners, dire!tors, e"ployees, salespersons, representati,es and:or other agents0 VENUE 60 ;enue is proper pursuant to <'5 ()CS 5:5=/>/ 1he dispute at issue o!!urred in Coo% County, (llinois0 Plaintiff is a resident of Coo% County and #efendant regularly does business in Coo% County0 <0 *n a!tual !ase or !ontro,ersy has arisen bet-een the parties0 ?0 Plaintiff has been in2ured by the #efendant4s !ondu!t and has suffered da"ages resulting therefro"0 4URISDICTION 1his !ourt has 2urisdi!tion o,er the parties, the Plaintiff is a resident of Coo% County and the #efendants -ho regularly do business -ithin Coo% County0 @urisdi!tion also lies -ithin the state -here the in2ury o!!urs see /'5 9'd /5>> Janmark Inc v. T Reidy. FACTUAL <ACK7ROUND A0 Christopher Stoller is a 65 year old disabled !iti+en0 Christopher is the father of Mar% Stoller0 Christopher suffers fro" depression, e"otional stress, o,er the loss of his -ife of '? ' years due to sui!ide on @une 5, 5>><0 On *ugust 6 th of 5>//, Christopher$s youngest son #a,id, 5A, died due to an o,er dose of drugs on *ugust 6, 5>//0 Christopher$s lady friend -as %illed in a train a!!ident on @uly & th 5>//0 />0 )eo Stoller 6?, brother of Christopher, filed a Petition for Buardianship of Christopher Stoller$s estate and person in 5>>A in )a%e County (llinois >AP A5<0 On *pril /, 5>/> a guardian at )itie" -as *ppointed for Christopher Stoller E=hi:it (0 Christopher Stoller -as de!lared 6totally -ithout understanding or !apa!ity to "a%e and !o""uni!ate de!isions regarding his person and totally unable to "anage his estate or finan!ial affairs on 9eb 5>, 5>// -hen the )a%e Counter Probable Court appointed a Plenary Buardian for Christopher Stoller E=hi:it &% Christopher -as restored to !o"pensatory on O!t0 '> 5>/'0 / ((% Christopher Stoller -as in!ar!erated fro" 4"#5"r2 &' th o$ &''- 5#ti A565st >', &'(> 5 0 On O1to:er >' th , &'(> Christopher Stoller -as Ordered restored to !o"peten!y0 E=hi:it &%( /50 On or about No,0 /<, 5>/< Mar% !alled his father Christopher Stoller and said he !ould get his father a &'? return on Christopher$s retire"ent "oney fro" a "utual fund he %ne- of0 Mar% as%ed his father to send hi" all of his retire"ent funds so that he !ould in,est the" for his dad0 Mar% told his dad that he !ould ha,e his "oney ba!% any ti"e he as%ed for it an that Mar% -ould not spend it on anything other than to in,est it for his father0 Christopher sent Mar% C*+,''' E=hi:it &."!% /'0 (n #e!e"ber of 5>/' Christopher !alled Mar% Stoller and reDuested that his son / E=hi:it &%( 5 Christopher Stoller Case No No. 117330 is on Appeal before the Illinois Supreme Court. & send hi" a !opy of the bro%erage a!!ount sho-ing the "utual fund a!!ount0 Mar% said if Christopher -ould ha,e to pay the the !apitol gains on the in!rease in the ,alue of the "utual fund0 Mar% said that he had to "eet -ith his a!!ountant to dis!uss it0 On or about #e!e"ber '/, 5>/' Christopher Stoller !alled his son Mar% and reDuested his C*+,'''%'' to be i""ediately returned0 Mar% said that Christopher Stoller -astes his "oney, and that he !ould in,est the @*+,''' in bro%erage a!!ount and that by the ti"e he -ould be ready to retire he !ould ha,e @+,','''%''E Mar% said he -asn$t going to return Christopher$s retire"ent "oney fro" his retire"ent a!!ount0 Mar% said he -as going to in,est Christopher$s retire"ent funds in #ef!on to buy pool !ues0 See a true and !orre!t !opy of Mar% Stoller Stealth Cues -eb site "ar%ed as E=hi:it &"(% Mar% told his father Christopher, 6Bo fu!% yourselfE7 Causing Christopher Stoller ser,er e"otional stress0 On @anuary & th 5>/& Christopher sent his son a letter de"anding his "oney ba!%0 E=hi:it &""% #efendant, Mar% Stoller ad"itted !o""ingling his father funds -ith those of #ef!on0 /&0 Christopher Stoller$s C6<,>>> in the a!!ounts of #ef!on and Stealth Cues0 Mar% Stoller is a one "an operation -ho regularly !o="ingles his personal funds into the a!!ounts of his 6shell7 !orporation #ef!on0 /50 Mar% !alled his father, Christopher Stoller on or about @anuary 5, 5>/& and said that he 6-ould return his father$s retire"ent "oney of C6<,>>>, and not to !all hi" until @anuary /6, 5>/&07 5 /60 Christopher !alled hi" on @anuary /5, 5>/&0 Mar% refused to ans-er his phone after @anuary /6, 5>/&0 /<0 )eo Stoller sent an e"ail to Mar% Stoller de"anding return of the said retire"ent "onies on @anuary /6, 5>/&0 Mar% Stoller refused to respond0 EAHI<IT &:% /?0 On or about @anuary /6, 5>/& Christopher Stoller "ade a poli!e report to the Northla%e Poli!e #epart"ent in Northla%e, (llinois to Offi!er Wo2ni+, eport No0 /&=>/&>'0 Offi!er Wo2ni+ !alled Mar% Stoller0 Mar% Stoller refused to tal% -ith Offi!er Wo2ni+0 Mar% said he -as ta%ing 6the 5 th *"end"ent0E7 /A0 0 On @anuary 5/, 5>/& Christopher Stoller filed a !o"plaint -ith the (llinois Se!urities #epart"ent Mr. Frank Loscuito E=hi:it >% Mr )os!uito sent to Mar% an //! letter0 Mar%$s la-yer Mr0 *ndre- 10 8ays sent a letter to Mr0 )os!uito, falsely !lai"ing that the retire"ent "onies that Christopher Stoller sent his son Mar%, -as a gift0 5>0 On @anuary 55, 5>/& Christopher Stoller filed a "ail fraud !o"plaint -ith the F0S0 Postal (nspe!tion Ser,i!e E=hi:it )% Christopher Stoller also filed a !o"plaint -ith the (llinois *ttorney Beneral$s Offi!e E=hi:it )"% 5/0 Mar% Stoller has refused to return the said retire"ent funds of @*+,'''%'' !ausing the plaintiff ser,er e"otional stress and finan!ial hardship0 Christopher has sin!e been for!ed to "o,e out of his retire"ent !o"pleG -hi!h pro,ided "eals, furniture and house %eeping, into an old peoples ho"e, lo- in!o"e apart"ent, -here he has no furniture and no "eals pro,ided0 Christopher does not ha,e enough "oney to pay for his li,ing eGpenses, food and !urrent bills 6 be!ause of the in2ury !aused by his son and the defendants0 550 On or about Mar% Stoller !onta!ted his attorneys *ndre- 8ays, *ntonia 8ays and Sarah 3u!% (Mar%$s )a-yers) and infor"ed hi" that he had ta%en C6<,>>> fro" his father under false pretense, !lai"ing that he -ould in,est his father$s C6<,>>> -hile had no intention to do so0 Con!o!ted a false affir"ati,e defense infor"ing Mar% not to -orry that he !ould !lai" that the "onies that his father ga,e hi" to in,est -as really a 6gift7 an not to -orry that they -ould hand this "atter, 2ust li%e they did the pre,ious "atter for hi" in )a%e County -hen Mar% had pre,iously sued his father su!!essfully0 When in fa!t Mar%$s la-yers %ne- that the said C6<,>>> -as not a gift be!ause the Plaintiff had filed & !ri"inal !o"plaints against his son, Mar% for ta%ing the C6<,>>>0>>0 (t -as !lear that Mar% defrauded his father out of C6<,>>> aided and abetting by the 8ays )a- fir", his attorneys *ndre- 8ays, *ntonia 8ays and Sarah 3u!%0 See Thornwood v. Jenner & Block, 344 N.E.2d ! "#ll.$%%.2&&3'. #n Januar( o) 2&4 Mark in)or*ed his )ather that the +a(s ,r* told hi* that the +a(s Fir* would %revail on -( clai*in. that /hristo%her .ave his son the *one( as a .i)t0, so that he was not worried. 5'0 Mar% Stoller -as in possession of &> pie!es of Capodi"onte 9igurines that belonged to Christopher Stoller, -hi!h are ,alued o,er C5>,>>>, along -ith ten -ater !olor paintings by E"anuel -hi!h Mar% Stoller, has refused to return to his father, Christopher -hi!h are ,alued at another C/>,>>>0 < COUNT ONE AND AS FOR A FIRST CAUSE OF ACTION .DECLARATORY 4UD7MENT +>, ILCS ,B&C+'(! FRAUDULENT INDUCEMENT 55(a)0 1he allegations in Paragraphs / through 5>(a) abo,e are in!orporated by referen!e in this Count One as if fully restated herein0 5'0 On or about No,0 /<, 5>/' Mar% falsely represented that if his father, Christopher ga,e hi" his retire"ent funds of C6<,>>> that Mar% -ould be able to greatly in!rease the interest pay"ents for Christopher0 Mar% represented that in order to "aGi"i+e the return on in,est"ent of Christopher$s retire"ent funds that Christopher turn all of those funds o,er to Mar%0 5&0 Mar% represented that he had the %no-ledge, s%ill and the ability to in,est"ent Christopher$s retire"ent funds in the highest returning in,est"ent0 550 #uring the negotiations Mar% &', had an unfair bargaining po-er o,er his disabled father, Christopher 65, -ho is disabled, suffers fro" depression and 2ust got out of 2ail after & H years0 560 #uring the negotiations in No,e"ber of 5>/', Mar% "ade fraudulent indu!e"ents, pro"ises and other representations to his father that en!ouraged hi" to send Mar% the retire"ent "onies by telling Christopher that Mar% !ould get a 5>I return on Christopher$s "oney0 5<0 Christopher -ould not ha,e send Mar% all of his retire"ent funds of C6<,>> had ? Mar% if !ertain indu!e"ents, pro"ises and other representations had not been "ade by Mar%0 5?0 W8EE9OE Plaintiffs see% re!o,ery of a!tual and !o"pensatory da"agesJ puniti,e da"agesJ attorney4s feesJ and eGpenses and !osts for in2uries !aused by Mar%$s fraudulent indu!e"ent0 Plaintiff$s see%s su!h other and further relief as this Court "ay dee" 2ust and proper or to -hi!h they "ay be entitled as a "atter of la-0 &-% COUNT TWO AND AS FOR A SECOND CAUSE OF ACTION .FRAUD! '>0 1he allegations in Paragraphs / through 5A abo,e are in!orporated by referen!e in this Count t-o as if fully restated herein0 '/0 On or about No, /<, 5>/', defendants falsely and fraudulently represented to the plaintiff that Mar% -ould ta%e Christopher$s retire"ent funds C6<,>>>, and put the" in a "utual fund that -ould gi,e a return of 5>I0 '50 1he representations "ade by defendant -ere in fa!t false0 1he true fa!ts -ere Mar% too% his father$s retire"ent funds and did not intend to in,est those funds for his father but to %eep the "oney for hi"self and in,est it in #ef!on to buy pool !ues0 ''0 When the defendant "ade these false representations Mar% %ne- the" to be false, and these representations -ere "ade by the defendant, -ith the intent to defraud and de!ei,e plaintiff and -ith the intent to indu!e plaintiff to send Mar% his retire"ent funds0 *t the ti"e defendant "ade the pro"ises to plaintiff, defendants had no intention of perfor"ing the"0 A '&0 Plaintiff, at the ti"e these representations -ere "ade by defendant and at the ti"e plaintiff too% the a!tions herein alleged, -as ignorant of the falsity of defendant$s representations and belie,ed the" to be true, and: or Plaintiff, at the ti"e this pro"ise -as "ade and at the ti"e plaintiff too% the a!tions herein alleged, -as ignorant of defendant$s se!ret intention not to perfor" and plaintiff !ould not, in the eGer!ise of reasonable diligen!e, ha,e dis!o,ered defendant$s se!ret intention0) (n relian!e on these representations, plaintiff -as indu!ed to and did send his son C6<,>>>0 8ad plaintiff %no-n the a!tual fa!ts, Plaintiff -ould not ha,e ta%en su!h a!tion, if plaintiff had %no-n of the a!tual intention of defendant, plaintiff -ould not ha,e ta%en su!h a!tion0 Plaintiff$s relian!e on defendant$s representations -as 2ustified be!ause Mar% &' is the oldest son of Christopher and Christopher 65, trusted his oldest son0 WHEREFORE *s a proGi"ate result of defendant$s fraud and de!eit and the fa!ts herein alleged, plaintiff -as defrauded by reason of -hi!h plaintiff has been da"aged in the su" of C6<,>>>0>>0 0 (n doing the a!ts herein alleged, defendant a!ted -ith oppression, fraud, and "ali!e, and plaintiff is entitled to puniti,e da"ages in the su" of C/>>,>>>0>>0
Plaintiffs pray for 2udg"ent against defendantKK and ea!h of the", as follo-s. /0 9or !o"pensatory da"ages in the su" of C/>>,>>>0>>J 50 9or puniti,e da"ages in the su" of C/>>,>>0>>J /> '0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 &0 9or su!h other and further relief as the !ourt "ay dee" proper0 COUNT THREE AND AS FOR A THIRD CAUSE OF ACTION .CONVERSION 735 ILCS 5/13-205 ! '50 1he allegations in Paragraphs / through '5 abo,e are in!orporated by referen!e in this Count t-o as if fully restated herein0 '60 Christopher Stoller had C6<,>>> of retire"ent funds0 '<0 1he #efendant i#te#tio#"2 i#ter$ere/ 3ith the plaintiff$s personal property, C6<,>>> dollars eGer!ising Ldo"inion and !ontrolL o,er it) '?0 1hird, that the #efendant$s interferen!e /epri9e/ the p"i#ti$$ o$ possessio# or 5se of the personal property, the said C6<,>>> in Duestion0 'A0 The interference caused damages to the plaintiff, the loss of his 8-),&&&. &>0 WHEREFORE, plaintiffs pray for 2udg"ent against defendants and ea!h of the", as follo-s. &/0 9or !o"pensatory da"ages in the su" of C/>>,>>>0>>0 a0 9or puniti,e da"ages in the su" of C/>>,>>0>>J b0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 // !0 9or su!h other and further relief as the !ourt "ay dee" proper0 COUNT FOUR AND AS FOR A FOURTH CAUSE OF ACTION .<AILMENT CLAIM 3 ! &50 1he allegations in Paragraphs / through &/ abo,e are in!orporated by referen!e in this Count 9our as if fully restated herein0 &'0 Plaintiff had an agree"ent on @anuary /A, 5>>? -ith his son Mar% to transfer or deli,er and the bailee, Mar%, agreed to a!!ept eG!lusi,e possession of !ertain Capodi"onte 9igures and Paintings, !lothing for a spe!ifi! purpose, to hold Christopher$s possessions -hile Christopher -as in!ar!erated fro" @anuary 5/, 5>>A until *ugust '>, 5>/'0 &&0 Christopher deli,ered and:or transferred the eG!lusi,e possession of the said property of the bailor to the bailee0 &50 Mar%, the bailee a!!eptan!e of eG!lusi,e possession by the bailee on the agreed ter"s and !onditions that Mar% -ould hold it in his !are not transfer to third parties and:or sell it0 Mar% had eG!lusi,e possession and !ontrol of these ite"s fro" @anuary /A, 5>>? until 'Willia! ". #$S$, 2012 WL 3%3&7&& (#$S$ District Court for the District of South Cro!i" #$%#) (llinois la- reDuires that a plaintiff establish the follo-ing ele"ents to sho- a pri"a fa!ie !ase of bail"ent (/) an agree"ent by the bailor to transfer or deli,er and the bailee to a!!ept eG!lusi,e possession of the property of the the goods for a spe!ified purposeJ (5) the a!tual deli,ery or transfer of eG!lusi,e possession of the property of the bailor to the baileeJ and (a!!eptan!e of eG!lusi,e possession by the bailee0 Williams v. U.S. supra (sin!e the da"age:theft see"s to ha,e allegedly o!!urred at the O48ara air port, it follo-s that (llinois la- applies0 /5 the presen!e0 &60 Christopher Stoller "ade a de"and on or about Septe"ber /5, 5>/& for Mar% Stoller to return the said ite"s and he has refused0 &<0 1he bailee, Mar% has refused to return the said possessions to the bailor, Christopher after Plaintiff4s "ade the reDuest for the possession to be returned0 &?0 WHEREFORE, plaintiffs pray for 2udg"ent against defendants and ea!h of the", as follo-s. /0 9or !o"pensatory da"ages in the su" of C/>>,>>>0 50 9or puniti,e da"ages in the su" of C/>>,>>0>>J '0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 &0 9or su!h other and further relief as the !ourt "ay dee" proper0 CO#NT 5 CA#SE O' ACTION 'OR INTENTIONAL IN'LICTION O' EMOTIONAL STRESS ( &'. The !!e(tio"s i" Pr(r)hs % throu(h &' *o+e re i"cor)orte, *- refere"ce i" this Cou"t .i+e s if fu!!- restte, herei". 5>0 1his !ause of a!tion for intentional infli!tion of e"otional distress is pre"ised on the outrageous !ondu!t of the defendant, the son &', of the & Knieriem v. Izzo, 55 (ll0 5# <' (/A6/), Public Finance Corp v. avis, 66 (ll0 5# ?5 (/A<6), Public Finance! 66 (ll0 5# at ?A=A>0 See also oe vs. Calume" Ci"y, (6/ (ll0 5# '<& (/AA&)0 1he plaintiff does not, ho-e,er, need to establish a !onte"poraneous physi!al i"pa!t or in2ury0 #onaker v. Smi"$, 556 90 'd &<< (< th Cir0 5>>>)0 /' Plaintiff, ta%ing the entire retire"ent funds, C6<,>>> fro" his father Christopher Stoller 65, lea,ing hi" penniless, su!h !ondu!t is so eGtre"e and outrageous that is goes beyond all possible bounds of de!en!y in Publi! 9inan!e Corporation ,0 #a,is, 66=(ll0 5# ?5, A>0 )ea,ing the father, penniless, unable to buy his "onthly "edi!ations and gro!eries for the "onth0(/A<6), and the estate"ent (Se!ond) of 1orts M&6 (/A65)0 See also Rekosh v. Parks, /%0 I!!. A)). /, 12 (#$$$). 3"ierie4, ## I!!. #, t 20. 5/0 The ,efe","t Mr5 Sto!!er i"te",e, to cuse, or rec5!ess!- or co"scious!- ,isre(r,e, the )ro**i!it- of cusi"(, his fther, the )!i"tiff to suffer e4otio"! ,istress *- ,efru,i"( his fther out of his e"tire retire4e"t ccou"t of 607,$$$. The ,efe","t rec5!ess!- or co"scious!- ,isre(r,e, the )ro**i!it- of cusi"( e4otio"! ,istress to Christo)her Sto!!er *ecuse Defe","t 8s certi", or su*st"ti!!- certi", tht his co",uct the t5i"( of Christo)her Sto!!er e"tire retire4e"t fu",s 8ou!, cuse e4otio"! ,istress. Pu*!ic .i""ce, 00 I!!. #, t '$. 1#. The )!i"tiff suffere, se+ere or e9tre4e e4otio"! ,istress ", co"ti"ues to suffer ", e",ure it Pu*!ic .i""ce, 00 I!!. #, t '$. P!i"tiff suffers fro4 (rief, 8orr-, hu4i!itio", sh4e, 8hich "o reso"*!e )erso" c" e9)ect to e",ure. Christo)her hs sou(ht he!) fro4 ther)ists for cou"se!i"(. 1/. Mr5 Sto!!er &/, the so" of the P!i"tiff:s co",uct, ,efru,i"( his fther, Christo)her Sto!!er 01, out of his e"tire retire4e"t fu",s ctu!!- ", )ro9i4te!- cuse, ", co"ti"ues to cuse P!i"tiff:s e4otio"! ,istress, (rief, sh4e, hu4i!itio", fi!ure to )- 4e,ic! *i!!s, )- for his 4e,ic! )rescri)tio"s ", e+e" to )urchse )ro)er c"e. /& WHEREFORE, plaintiffs pray for 2udg"ent against defendant and ea!h of the", as follo-s. /0 9or !o"pensatory da"ages in the su" of C/>>,>>>0>>J 50 9or puniti,e da"ages in the su" of C/>>,>>0>>J '0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 &0 9or su!h other and further relief as the !ourt "ay dee" proper0 *nd a preli"inary in2un!tion against the !he!%ing a!!ounts and any and all in,est"ent a!!ounts of the defendants, a!!ounts re!ei,able, of disbursing any funds up to an in!luding C/>>,>>>0>>, during the penden!y of this litigation0
CO#NT % CA#SE O' ACTION 'OR WILL'#L AND WANTON MISCOND#CT NE)LI)ENCE 5 1&. The !!e(tio"s i" Pr(r)hs % throu(h 1/ *o+e re i"cor)orte, *- refere"ce i" this Cou"t Si9 fu!!- restte, herei". 550 1he #efendant, Mar% Stoller &', the oldest son of the Plaintiff 5 (n tort la-, negligen!e is a distin!t !ause of a!tion0 1he estate"ent (Se!ond) of torts defines negligen!e as 6!ondu!t that falls belo- the standard established by la- for the prote!tion of other against unreasonable ris% of har"07 Negligen!e generally !onsists of fi,e ele"ents, in!luding the follo-ing. (/) a duty of !are o-ed by the defendant to the plaintiffJ (e) a brea!h of that dutyJ (')an a!tual !ausal !onne!tion bet-een the defendant$s !ondu!t and the resulting har"J(&)proGi"ate !ause, -hi!h relates to -hether the har" -as foreseeableJ and (5) da"ages resulting fro" the defendant$s !ondu!t0 /5 Christopher had a spe!ifi! duty to his father to safeguard his personal property, the C6<,>>>, the Capodi"onte 9igures, Paintings his !lothing0 560 1he #efendant brea!hed that that duty, -hen he failed to return to Plaintiff his C6<,>>> and the Capodi"onte 9igures, Paintings his !lothing0 5<0 1here is a dire!t an a!tual !ausal !onne!tion bet-een the defendant$s !ondu!t and the resulting har" that the defendant !aused the Plaintiff by his failing to return the said personal property of the Plaintiff to the Plaintiff -hen it -as reDuested0 5?0 ProGi"ate !ause0 1he har" to the Plaintiff -as foreseeableJ and the Plaintiff suffered da"ages resulting fro" the defendant$s !ondu!t0
WHEREFORE, plaintiffs pray for 2udg"ent against defendant and ea!h of the", per !ount as follo-s, per !ourt. /0 9or !o"pensatory da"ages in the su" of C/>>,>>>0>>J 50 9or puniti,e da"ages in the su" of C/>>,>>0>>J '0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 &0 9or su!h other and further relief as the !ourt "ay dee" proper0 *nd a preli"inary in2un!tion against the !he!%ing a!!ounts and any and all in,est"ent a!!ounts of the defendants, /6 a!!ounts re!ei,able, of disbursing any funds up to an in!luding C/>>,>>>0>>, during the penden!y of this litigation0 AS 'OR A SE*ENT+ CA#SE O' ACTION (#N,#ST ENRIC+MENT % )
1'. The !!e(tio"s i" Pr(r)hs % throu(h 12 *o+e re i"cor)orte, *- refere"ce i" this Cou"t Si9 fu!!- restte, herei". 60. 1he #efendant, Mar% Stoller &', the oldest son of the Plaintiff Christopher -as enri!hed by the unauthori+ed ta%ing of the Plaintiff$s retire"ent funds of C6<,>>>0 6/0 1he #efendant, the &' year old son of the the Plaintiff Christopher Stoller, 65, too% his entire retire"ent funds of C6<,>>> at the eGpense of the Plaintiff, lea,ing hi" destitute0 650 (t is against eDuity and good !ons!ien!e to per"it the other party to retain the C6<,>>> fro" the #efendant, that -hi!h is sought to be re!o,ered0 6'0 Mar% Stoller, &', ta%ing of the entire retire"ent funds fro" his father, Christopher Stoller was si*%l( un)air and not ri.ht. 6What Do You Need To Prove To Win An Unjust Enrichment Claim? 1n2ust enrich*ent is an o-li.ation that the law creates even without an( contract or a.ree*ent. #n order )or a %lainti3 to %revail on a clai* o) un2ust enrich*ent, that %art( is re4uired to %rove that "' the other %art( was enriched, "2' at that %art(5s e6%ense, and "3' that it is a.ainst e4uit( and .ood conscience to %er*it the other %art( to retain what is sou.ht to -e recovered. /< WHEREFORE, plaintiffs pray for 2udg"ent against defendant and ea!h of the", per !ount as follo-s, per !ourt. /0 9or !o"pensatory da"ages in the su" of C/>>,>>>0>>J 50 9or puniti,e da"ages in the su" of C/>>,>>0>>J '0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 &0 9or su!h other and further relief as the !ourt "ay dee" proper0 *nd a preli"inary in2un!tion against the !he!%ing a!!ounts and any and all in,est"ent a!!ounts of the defendants, a!!ounts re!ei,able, of disbursing any funds up to an in!luding C/>>,>>>0>>, during the penden!y of this litigation0 /? AS 'OR A EI)+T CA#SE O' ACTION (Ai-i./ a.- a0122i./ a.- 34.!5i6a37) 7
0&. The !!e(tio"s i" Pr(r)hs % throu(h 0/ *o+e re i"cor)orte, *- refere"ce i" this Cou"t Si9 fu!!- restte, herei". 01. Mr5 Sto!!er &/, o8e, ,ut- to his fther, the P!i"tiff, Christo)her Sto!!er "ot to ,efru, hi4. 660 The ;-s L8 fir4, A",re8 ;-s, A"to"i ;-s ", Srh Buc5 8ere 8re if the ,ut- tht Mr5 Sto!!er &/ o8e, to his ,is*!e, fther, Christo)her Sto!!er 01, "ot to ,efru, hi4 out of his e"tire retire4e"t fu",s of 607,$$$ for !! of the reso"s )re+ious!- stte, herei". 07. ;-s L8 fir4, A",re8 ;-s, A"to"i ;-s ", Srh Buc5 5"e8 or shou!, h+e 5"o8" tht their c!ie"t Mr5 Sto!!er *reche, tht ,ut- ",<or co44itte, tort (i"st his fther, the P!i"tiff. 02. ;-s L8 fir4, A",re8 ;-s, A"to"i ;-s ", Srh Buc5 8ere ", re 8re of *reech ",<or of the tort Mr5 co44itte, (i"st his fther the )!i"tiff. 6A0 ;-s L8 fir4, A",re8 ;-s, A"to"i ;-s ", Srh Buc5 h+e ssiste, their c!ie"t Mr5 Sto!!er i" co44itti"( the tort ", or *reech 7$idin. and a-ettin. and cons%irac( clai*s ,nd their roots in cri*inal law. #n the civil conte6t, the( lead to lia-ilit( )or those who hel% other actors or a *ain actor "usuall( )or law(ers it is the client' to co**it so*e tort a.ainst a third %art(. #n %ractice, this o)ten involves a clai* that the law(er hel%ed the client either co**it a )raud on a third %art( or -reach so*e dut( "usuall( a ,duciar( dut(' to a third %art(. 8hen -rou.ht a.ainst law(ers, these in9concert lia-ilit( clai*s, in *ost 2urisdictions, involve the )ollowin. ele*ents: "' a dut( owed -( the client to a third %art(; "2' that the law(er is aware o) the dut( owed -( the client to the third %art(; "3' that the client -reaches that dut( and<or co**its a tort a.ainst that third %art(; "4' that the law(er is aware o) the -reach and<or tort co**itted -( the client; "!' that the law(er assists the client in co**ittin. the tort and<or -reach; and "=' that the third %art( su3ers so*e da*a.e. Thornwood v. Jenner & Block, 344 N.E.2d ! "#ll.$%%.2&&3 /A ", h+e co"s)ire, 8ith hi4 2 . 7$. The P!i"tiff Christo)her Sto!!er hs suffere, ,4(es. WHEREFORE, plaintiffs pray for 2udg"ent against defendant, indi,idually, per !ount as follo-s, per !ourt. /0 9or !o"pensatory da"ages in the su" of C/>>,>>>0>>J 50 9or puniti,e da"ages in the su" of C/>>,>>0>>J '0 9or !osts of suit in!urred hereinJ and reasonable attorney$s fees0 &0 9or su!h other and further relief as the !ourt "ay dee" proper0 *nd a preli"inary in2un!tion against the !he!%ing a!!ounts and any and all in,est"ent a!!ounts of the defendants, a!!ounts re!ei,able, of disbursing any funds up to an in!luding C/>>,>>>0>>, during the penden!y of this litigation0 Wayne Rhine, Suite 500 309 W. Washington Chicago, Illinois ? C(;() CONSP(*CN *N# CONCE1 O9 *C1(ON Con!ert of a!tion eGists -hen t-o or "ore persons perfor" -rongful a!ts pursuant to a !o""on design or one person gi,es substantial assistan!e to another %no-ing that the others !ondu!t !onstitutes a brea!h of legal duty0 Ci,il !onspira!y in,ol,es t-o or "ore persons -ho !o"bine for the purpose of a!!o"plishing, by their !on!erted a!tion, either a la-ful purpose by unla-ful "eans or an unla-ful purpose by la-ful "eans0 S"ith ,0 Eli )illy O Co0, /'< (ll0 5d 555 (/AA>)J ;an!e ,0 Chandler, 5'/ (ll0 *pp0 'd <&< (/AA5)0 * !onspirator need not parti!ipate in all a!ti,ities of a !onspira!y, nor be!o"e a "e"ber at its in!eption0 (t is only ne!essary that he %no-ingly !ontribute his efforts in furtheran!e of it0 5> 60606 /%#=12' 12/# 5/