wa we 8 Sew aa u 13 14 15 16 7 18 19 21 22 23 24 25 26 27 28 ELECTRONICALLY FILED Superior Court of Caltomia, County of Orange Scott W. Wellman, SBN: 82897 saarot9 at o22e-30 Pa Bimali Walgampaya, SBN: 266856 Clerk ot the Super Court WELLMAN & WARREN LLP By Natasha Dortman,Deputy Cleric 24411 Ridge Route, Suite 200 Laguna Hills, CA 92653 Tel: (949) 580-3737 Fax: (949) 580-3738 Attomeys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE Online Communications, LLC, Case No; 30-2012-00612384CL-B0- CJC Judge: Plaintiff, LIMITED JURISDICTION bie ($10,000 - $25,000) Elliot Tabron, and DOES 1 to 10, inclusive, COMPLAINT FOR: eae 1. BREACH OF WRITTEN CONTRACT; and 2. COMMON COUN’ STATED. ACCOUNT Plaintiff ONLINE COMMUNICATIONS, LLC (hereinafter referred to a5 “Plaintif?”) hereby states and alleges as follows PARTIES 1. Plaintiff Online Communications, LLC (“Plaintiff”) is, and at all relevant times herein was a limited liability company, 2. Defendant Elliott Tabron (“Defendant”) is, and at all relevant times herein was a resident of the State of Arizona, 3. The true names and capacities of those individuals and entities sued, as Does 1 through 10, are unknown to Plaintiff who therefore sues these Defendants by such fictitious 1 COMPLAINTSecwmrxanunaoun i 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 names. Plaintiff will seck leave of this court to amend this complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes that each of these Defendants is an agent and employee of each of the other Defendants, and proximately caused Plaintiff*s damages as herein alleged while acting in such capacity. JURISDICTION & VENUE 4. The various agreements between Plaintiff and Defendant states, in writing, that [jurisdiction for any lawsuit arising fom said agreements will be Orange County, Califomia, (CCP. § 395.) 1. On or about May 29, 2011, Plaintiff and Defendant Elliot Tabron (“Defendant”) ‘entered into Sales Payment Guarantee Agreement (“Agreement.”) 2. Pursuant to the agreement, Defendant was supposed to execute an Independent Distributor Agreement with 2 company called Jeunesse Global, Inc., thus, becoming an independent sales distributor for said company. As an independent sales distributor, Defendant was supposed to build his distributorship business within the company, and achieve a certain amount of business volume points, which is outlined in the Agreement, through the sale of Jeunesse product. 3. __Inreturn, Defendant was entitled to advanced commission payments paid to him by Plaintiff, and in accordance with Section 5 of the Agreement. 4. In or about May 29, 2011, Plaintiff did, in fact, pay to Defendant $6,000, Pursuant to the terms of the Agreement, and in accordance with Section 5 of the Agreement, 5. Thereafter, Plaintiff advanced to Defendant various costs for travel, hotels, products, and various other expenses, totaling no less than $12,933.10, as pursuant to the Agreement, 2 COMPLAINTSem raw aw i 12 13 14 18 16 17 18 19 20 2 22 24 25 26 27 28 6. Plaintiff also paid to Defendant the amount of $3,000 as advanced commissions on June 30, 2011. 7. However, sometime thereafter, and in or about November, 2011, Plaintiff discovered that Defendant had violated and breached the Agreement as follows: 8. Defendant had failed to achieve the agreed upon business volume points, in violation of Section 5 of the Agreement. 9. As a result of Defendant's breach, Defendant is supposed to repay Plaintiff any and all monies paid to him under the Agreement, ie, any advanced commission payments and costs. 10. To date, Defendant has failed to make any payments to Plaintiff, whatsoever, despite several requests to do so. 11. Therefore, Plaintiff has been harmed in an amount, to be proven at tril, but not less than $22,000. FIRST CAUSE OF ACTION BREACH OF WRITTEN CONTRACT 12. Plaintiff incorporates herein, by this reference, cach and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein. 13, Defendant agreed to reimburse Plaintiff any and all advanced commission Payments and costs received by Defendants if Defendants breached the Agreement, dated May 29, 2011. 14, Plaintiff and Defendant entered into a written contract on May 29, 2011. 15. On some date thereafter, Defendant breached the Agreement when he failed to achieve the business volume points outlined in the Agreement. 3 COMPLAINT16. To date, Defendant has not paid back to Plaintiff any of the advanced commission payments, including any costs. 17. Plaintiff has been damaged by Defendant for failure to abide by the terms of their ‘Agreement, 18. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant, based on Defendant's breach, in an amount to be proven at tral, plus pre- and post- judgment interest, attorneys’ fees, costs, and such other and further relief this Court deems appropriate and just. SECOND CAUSE OF ACTION COMMON COUNT - ACCOUNT STATED 19. Plaintiff incorporates herein, by this reference, each and every allegation contained in paragraphs 1 through 18, inclusive, as though fully set forth herein, 20. Defendant became indebted to Plaintiff within the last four years because an account was stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant would reimburse Plaintiff any and all advanced commission payments if Defendant did not meet the required business volume points outlined in the Agreement. 21. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant, based on Defendant's conduct, in an amount to be proven at trial, plus pre- and post- judgment interest, attorneys’ fees, costs, and such other and further relief this Court deems appropriate and just. PRAYER FOR RELIEF WHEREFORE, Plaintiff Online Communications, LLC prays for judgment in his favor and against Defendant as follows: 1. For compensatory damages in an amount to be proven at trial; 4 COMPLAINTCera aweun 10 u 12 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 2. Forattorneys’ fees and costs of this action; and 3. For such other and further relief as the Court may deem proper and just. Dated: November 13, 2012 WELLMAN & WARREN, LLP Bimali Walgampaya Attomey for Plaintiff ONLINE COMMUNICATIONS, LLC 5 COMPLAINT