This case was last updated from San Mateo County Superior Courts on 07/18/2019 at 00:38:37 (UTC).

BIRITE RESTAURANT SUPPLY VS CIELO Q ULPINDO

Case Summary

On 01/08/2013 BIRITE RESTAURANT SUPPLY filed a Contract - Debt Collection lawsuit against CIELO Q ULPINDO. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Swope, V Raymond and Swope, V. Raymond. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8943

  • Filing Date:

    01/08/2013

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Debt Collection

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Swope, V Raymond

Swope, V. Raymond

 

Party Details

Plaintiffs and Defendants

BIRITE RESTAURANT SUPPLY INC.

CHEZ NOUS A BAKERY

ASIAN PANTRY OF FINE FOODS

CHEZ NOUS BAKERY

BIRITE FOODSERVICEDISTRIBUTORS

Defendants

CIELO Q ULPINDO

CHEZ NOUS A BAKERY

ASIAN PANTRY OF FINE FOODS

CHEZ NOUS BAKERY

ULPINDO, CIELO Q

Not Classified By Court

Payor

Attorney/Law Firm Details

Plaintiff Attorney

COOK, DAVID J.

 

Court Documents

Judgment by Court.

JUDGMENT Comment JDCT: JUDGMENT AFTER DEFAULT BY COURT ENTERED ON 06/09/14 AS FOLLOWS:

Declaration.

DECLARATION (2) Comment DECL: DECLARATION OF DAVID J. COOK ESQ IN SUPPORT OF ATTORNEY'S FEES; CALCULATION OF INTEREST; FILED BY BIRITE RESTAURANT SUPPLY INC.

Order.

ORDER Comment O2: ORDER RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT SIGNED BY JUDGE SWOPE ON 06/09/14 FILED.

Request to enter default filed.

REQUEST (2) Comment REQDE: REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON COMPLAINT OF BIRITE RESTAURANT SUPPLY INC. AS TO CIELO Q ULPINDO.

Request for Dismissal of Does/Roes on the -WITHOUT prejudice.

REQUEST Comment REQD1: REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT OF BIRITE RESTAURANT SUPPLY INC. WITHOUT PREJUDICE FILED AND ENTERED.

Proof of Service by PERSONAL SERVICE of.

PROOF OF SERVICE (2) Comment PSN2: PROOF OF SERVICE (PERSONAL) OF NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT ETC. SERVED ON CIELO Q ULPINDO WITH SERVICE DATE OF 01/13/13 FILED.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF BIRITE RESTAURANT SUPPLY INC. SERVED ON CIELO Q ULPINDO WITH SERVICE DATE OF 01/13/13.

Declaration.

DECLARATION Comment DECL: DECLARATION IN SUPPORT OF ISSUANCE OF ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT FILED BY BIRITE RESTAURANT SUPPLY INC.

Conversion Action.

NOTICE Comment NARAO: NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER/WRIT OF ATTACHMENT FILED BY BIRITE RESTAURANT SUPPLY INC.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Complaint.

COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

 

Docket Entries

  • 06/09/2014
  • Disposition: Judgment; Judgment Type; Judgment; Judgment - Monetary Award; Awarded To: BIRITE RESTAURANT SUPPLY INC.; Awarded Against: ULPINDO CIELO Q; Comment: JUDGMENT ENTERED 06/09/14 JUDGMENT ENTERED ON COMPLAINT OF BIRITE RESTAURANT SUPPLY INC. FOR BIRITE RESTAURANT SUPPLY INC. JUDGMENT ENTERED ON COMPLAINT OF BIRITE RESTAURANT SUPPLY INC. AGAINST CIELO Q ULPINDO PRINCIPAL IS $4,781.90. INTEREST IS $224.01. COSTS ARE $445.20. ATTORNEY FEES ARE $300.00. TOTAL JUDGMENT $5,751.11.

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  • 08/01/2014
  • Conversion Minute. Additional Info: Comment *FEE: 140801-0178-CK 141/ 25.00 PAYMT

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  • 08/01/2014
  • Abstract of Judgment issued. Additional Info: Comment AI1: (L) ABSTRACT OF JUDGMENT ISSUED

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  • 08/01/2014
  • Conversion Minute. Additional Info: Comment *FEE: 140801-0176-CK 141/ 25.00 PAYMT

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  • 08/01/2014
  • Writ of Execution Issued. Additional Info: Comment WEM: WRIT OF EXECUTION FOR MONEY ISSUED TO LOS ANGELES COUNTY IN THE AMOUNT OF $5776.11

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  • 08/01/2014
  • Conversion Minute. Additional Info: Comment *FEE: 140801-0174-CK 141/ 25.00 PAYMT

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  • 08/01/2014
  • Writ of Execution Issued. Additional Info: Comment WEM: WRIT OF EXECUTION FOR MONEY ISSUED TO SANTA CLARA COUNTY IN THE AMOUNT OF $5776.11

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  • 06/09/2014
  • Conversion Minute. Additional Info: Comment TOT1: TOTAL JUDGMENT $5751.11

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  • 06/09/2014
  • Conversion Minute. Additional Info: Comment AF: ATTORNEY FEES ARE $300.00.

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  • 06/09/2014
  • Conversion Minute. Additional Info: Comment COSTS: COSTS ARE $445.20.

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55 More Docket Entries
  • 01/23/2013
  • Financial info for BIRITE RESTAURANT SUPPLY INC. : Case Payment Receipt # 201301230581 BIRITE RESTAURANT SUPPLY INC. $60.00

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  • 01/23/2013
  • Financial info for BIRITE RESTAURANT SUPPLY INC. : Transaction Assessment $60.00

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  • 01/08/2013
  • Financial info for BIRITE RESTAURANT SUPPLY INC. : Case Payment Receipt # 201301080536 BIRITE RESTAURANT SUPPLY INC. $225.00

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  • 01/08/2013
  • Financial info for BIRITE RESTAURANT SUPPLY INC. : Transaction Assessment $225.00

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  • 01/08/2013
  • Financial: BIRITE RESTAURANT SUPPLY INC.; Total Financial Assessment $285.00; Total Payments and Credits $285.00

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  • 08/01/2014
  • Financial info for Payor : Case Payment Receipt # 201408010178 Payor $25.00

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  • 08/01/2014
  • Financial info for Payor : Case Payment Receipt # 201408010176 Payor $25.00

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  • 08/01/2014
  • Financial info for Payor : Case Payment Receipt # 201408010174 Payor $25.00

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  • 08/01/2014
  • Financial info for Payor : Transaction Assessment $25.00

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  • 08/01/2014
  • Financial: Payor; Total Financial Assessment $75.00; Total Payments and Credits $75.00

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Complaint Information

DAVID J. COOK, ESQ. (State Bar # 060859)

COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION

165 Fell Street, San Francisco. CA 94102-5106 Mailing Address: P.O. Box 270Francisco. CA 94104-0270 SAN MATEO COUNTY

Tel.: (415) 989-4730

Fux: (415) 989-0491

Email: Cook@SqueezeBloodFromTumip.com File No. 55.621

Attorneys for Plaintiff BIRITE RESTAURANT SUPPLY, INC., a corporation dba

BIRITE FOODSERVICE DISTRIBUTORS SUPERIOR COURT FOR THE STATE OF CALIFORNIA

COUNTY OF SAN MATEO LIMITED CIVIL JURISDICTION 518943

BIRITE RESTAURANT SUPPLY. INC.,) CASE NO. ; ! a corporation dba BIRITE ) FOODSERVICE DISTRIBUTORS. ) COMPLAINT FOR GOODS SOLD AND ) DELIVERED; BREACH OF PERSONAL Plaintiff, ) GUARANTEE ) VS. ) The amount prayed for is less than $10.000. CIELOQ ) $4.781.90. IELO Q. ULPINDO. individually and ) dba Chez Nous A Bakery and dba Chez ) %Y FAX Nous Bakery and dba Asian Pantryof ) Fine Foods; ) ) AND DOES I THROUGH X. AND ) EACH OF THEM, INCLUSIVE, ) ) Defendants. ) )

Plaintiff hereby complains of Defendants. and each of the same. as follows:

FIRST CAUSE OF ACTION

1. Plainuff is a corporation doing business in the State of California. whose appropriate regulatory licensing or political subdivisions, agencies, departments, or the like, if any. have issued

to Plaintiff the appropriate licenses, certificates, pecrmits or permissions to sell or furnish the above

GOODS.

GOODS. 2. Plaintiff is unaware of the true names or capacities of Defendants named as DOES | THROUGH DOES X. AND EACH OF THEM, INCLUSIVE, and sues them herein under said fictitious name, praying leave to amend this Comp;laint when the true names and capacities of said Defendants are ascertained.

2. Plaintiff is unaware of the true names or capacities of Defendants named as DOES | THROUGH DOES X. AND EACH OF THEM, INCLUSIVE, and sues them herein under said fictitious name, praying leave to amend this Comp;laint when the true names and capacities of said Defendants are ascertained.

3. At all times herein mentioned. Defendant is an individual as set forth in the caption hereof. which is incorporated by reference. Venue is properly within this judicial district in that the sale and/or fumnishing of the goods. services or money as set forth below occurred herein: that the transaction which is the subject of the action herein was consummated in the judicial district herein.

4. Prior to the commencement of this action within this judicial district, Defendants, and each of them, became and still are indebted to Plaintiff who sold and delivered to Defendants. and | each of the same, at their special instance and request. and or furnished, GOODS, WARES and MERCHANDISE. and related products thereon for use in the opcration of the Defendant’s busincss or the like, hereinafter * GOODS™ on credit and the like, to Defendants, and each of them. at agreed prices upon open book accounts in the sums set forth opposite their names. for which said GOODS had a reasonable value all as set forth in the attached Schedule, marked Exhibit “A” and incorporated by reference, indicating the liability for each of the Defendants. and all of them, in the amounts set forth in their names.

5. Although demand has been made. Defendants, and each of them, have failed and refused and continue to fail and refuse. to pay said indebtedness, and every part thereof. even though the same and every part thereof is now due, payable and unpaid. Interest has accrued in the amount all as set forth in Exhibit “A" at the rate set forth therein and accrues from and after the date set forth therein. until judgment is taken.

6. The claim of indebtedness sued herein is not subject to the provisions of Civil Code Sections 1812.10 and 2984.4 because said indebtedness did not arise from a retail installment contract or under a contract for the purchase and/or financing of a motor vehicle.

7. At all times herein mentioned. Defendants, and each of them. are agents. employees and

servants of each other and have undertaken the acts as described herein in the course and scope of

servants of each other and have undertaken the acts as described herein in the course and scope of their agency, employment and serving hereunder.

their agency, employment and serving hereunder.

O E OF ACTION

8. Plaintiff hercby incorporates the first cause of action as though fully set forth herein. 9. Within two years last past and prior to the commencement of this action, an account was stated in writing by and between Plaintiff and Defendants, and each of them. in the amounts as set forth in Exh.ibit “4”, which is attached hereto and incorporated by reference as though fully set

forth herein.

THIRD CAUSE OF ACTION

10. Plainuff hereby incorporates all prior causes of action as though fully set forth herein.

1. Within two years last past and prior to the commencement of this action, Plaintiff delivered. furnished. rendered or supplied GOODS to Defendants, and each of them. at their special instances and request.

12. Atall times mentioned said GOODS, wares and merchandise for credit. had a reasonable value as set forth in Exhibit “A” which is attached hcreto and incorporated by reference as though fully sct forth herein.

F TH CAUSE OF ACTION

13. Plaintiff hereby incorporates all prior causes of action as though fully set forth herein.

14. On or about on the date set forth. in the County of San Mateo, in the State of

California. Defendant CIELO Q. ULPINDO. and DOES VI through X. and each of them. hereinalter cited as "Defendant Guarantors. “ for valuable consideration. undertook and agreed by a guaranty in writing to pay Plaintiff Assignor or Plaintiff when due or any other time thereafter the indebtedness contracted by Chez Nous A Bakery and dba Chez Nous Bakery and dba Asian Pantry of Fine Foods. and DOES I through V. and each of them. A copy of said written guaranty is attached hercto. marked Exhibit “B” and incorporated by reference as though fully set forth herein,

15. Demand has been made upon said Defendant Guarantors. and each of them. for paymcnt of said indebtedness. and every part thereof, but said foregoing Defendants, and each of

them. have failed and refused and continue to fail and refuse to pay said indebtedness. or any part

them. have failed and refused and continue to fail and refuse to pay said indebtedness. or any part thereof.

thereof.

16. As a result of the failure and refusal of said Defendant Guarantors, and each of them, to hquidate the indebtedness as alleged in the First Cause of Action pursuant to the said terms and conditions of said guaranty, Plaintiff has been damaged in the full amount of the indebtedness as sct forth in the First Cause of Action.

17. By the terms of said writien guaranty, said Defendant Guarantors, and cach of them, have, in fact, not only agreed to pay the indebtedness as alleged in the First Cause of Action, but furthermore, have agreed to pay reasonable attorneys fees in the event that Plaintiff 1s forced to file suil to effectuate collection of the said indebtedness.

WHEREFORE, Plaintiff prays for judgment against said Defendants, and each of them, Jointly and severally, as follows:

I. For damages in the principal amount as set forth in Exhibit “4 " which is attached hereto and incorporated by reference as though fully set forth herein for each of the Defendants, and each of them.

2. For accrued interest in the amount, interest accruing at the rate from the date so accruing, until judgment is taken, all as set forth in Exhibit “A” which is attached hereto and incorporated by reference as though fully set forth herein.

3. For reasonable attorneys fees and costs of suit hcre}/

DISTRIBUTORS

FAUSERS\DJCNEW chez nous.com