Genpro, INC. vs. Gurmeet Singh

Complaint Information

RUDY GABA, JR. (STATE BAR NO. 230475) E-FILED

GABA LAW CORPORATION

23141 VERDUGO DRIVE, SUITE 205 6/19/2018 5:07 PM LAGUNA HILLS, CALIFORNIA 92653 FRESNO COUNTY SUPERIOR COURT TELEPHONE: 949-207-7100 By: S. Lopez, Deputy

FACSIMILE: 949-207-7108 EMAIL: RGABA@GABALAWCORP.COM

ATTORNEY FOR PLAINTIFF, GENPRO, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF FRESNO, B.F. SISK COURTHOUSE

GENPRO, INC., Case No.: 18CECG02208 C

Plaintiff, OMPLAINT FOR:

1. OPEN BOOK ACCOUNT

2. ACCOUNT STATED

VS. g GURMEET SINGH, individually and g 3. REASONABLE VALUE

DOES 1 1o 16, inclusive, DEMAND: $27,752.42 befendants . UNLIMITED CIVIL TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

Plaintiff, GENPRO, INC. (hereinafter referred to as “Plaintiff”) alleges the following causes of action against GURMEET SINGH, individually and dba WEST COAST CARRIER and DOES 1 to 10, INCLUSIVE (hereinafter collectively referred to as “Defendants”) as follows:

1. Plaintiff is, and at all times relevant was, a corporation, organized and existing under and by virtue of the laws of the State of its incorporation.

1. Plaintiff is, and at all times relevant was, a corporation, organized and existing under and by virtue of the laws of the State of its incorporation. 2. Plaintiff alleges on information and belief that the Defendants, or some of them, maintain their residence within the above-referenced County and Judicial District.

2. Plaintiff alleges on information and belief that the Defendants, or some of them, maintain their residence within the above-referenced County and Judicial District.

3. The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants DOES 1 to 10, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff alleges on information and belief that each of the Defendants designated herein as a fictitiously named Defendant is, in some manner, responsible for the events and happenings referred to, either contractually or tortuously, and/or that such fictitiously named Defendants claim that some right, title or interest to the property described herein below and/or that such fictitiously named Defendants are in some manner liable for the obligation described herein below. When Plaintiff ascertains the true names and capacities of DOES 1 to 10, Plaintiff will amend this Complaint accordingly.

4., Plaintiff alleges on information and belief that at all times herein mentioned, all Defendants named herein each acted in concert and conspired with or aided and abetted each other to do the acts complained of in this Complaint, and that each Defendant acted as an agent for the other at all times.

5. Plaintiff alleges on information and belief that the obligation sued upon 1is not subject to the provisions of California Civil Code sections 2984.4 and 1812.10.

FIRST CAUSE OF ACTION — OPEN BOOK ACCOUNT

(As To ALl Defendants)

6. Plaintiff repeats and realleges paragraphs 1 to 5, above, and incorporates them herein by reference.

7. Within four (4) years past, prior to the commencement of this action, Defendant became indebted to Plaintiff on an open book account for a principal balance$27,752.42.

8. Demand has been made on Defendants for said sum of $27,752.42, but they have failed and refused and continue to fail and refuse to pay said sum, and the whole thereof is now due, owing and payable together with interest at the legal rate.

SECOND CAUSE OF ACTION — ACCOUNT STATED

(As To ALl Defendants)

9. Plaintiff repeats and realleges paragraphs 1 to 8, above, and incorporates them herein by reference.

10. Within four (4) years past, prior to the commencement of this action, there was an account stated by and between Plaintiff and Defendants, on which stated account the principal sum of $27,752.42 was agreed upon as the principal balance due to said Plaintiff from Defendants, which sum Defendants promised and agreed to pay.

11. Demand has been made on Defendants for said sum of $27,752.42, but they have failed and refused and continue to fail and refuse to pay said sum, and the whole thereof is now due, owing and payable together with interest at the legal rate.

THIRD CAUSE OF ACTION — REASONABLE VALUE

(As To ALl Defendants)

12. Plaintiff repeats and realleges paragraphs 1 to 11, above, and incorporates them herein by reference.

13. Within two (2) years past, prior to the commencement of this action, Defendants became indebted to Plaintiff for a balance due in the principal sum of $27,752.42, for goods, wares and merchandise, sold, furnished and delivered to Defendants at their special instance and request, and in the reasonable and agreed value of $27,752.42, which sum Defendants agreed to pay.

14. Demand has been made on Defendants for said sum of $27,752.42, but they have failed and refused and continue to fail and refuse to pay said sum, and the whole thereof is now due, owing and payable together with interest at the legal rate.

WHEREFORE, Plaintiff prays for Judgment against the Defendants, and each of them, as follows:

1. For the principal sum of $27,752.42, together with interest thereof at the legal rate of 10% per annum, according to proof;

2. For attorney’s fees incurred herein pursuant to California Civil Code section 1717.5;

3. For all costs incurred herein; and

4. For such further and other relief as the Court may deem just and proper.

Dated: June 19, 2018 GABA LAW CORPORATION

RUDY GABA, JR. ATTORNEY FOR PLAINTIFF, GENPRO, INC.