Serdy v. Alnasser Case No.: 20VECV00439 First Amended Complaint

1 James Lee Reynolds, Esq.
State Bar No.: 115193

2 Mailing Address:
269 South Beverly Drive, #625
3 Beverly Hills, California 90212
T: (310) 275-2144
4 F: (310) 274-7588 (Attn: Reynolds // #625)
E: JamesReynoldsLaw@aol.com
5
Attorney for Plaintiff Shay Serdy
6
8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES, NORTHWEST JUDICIAL DISTRICT
10 VAN NUYS COURTHOUSE EAST
11 SHAY SERDY, an individual, ) Case No.: 20VECV00439

) [Unlimited Civil Case]
12 Plaintiff, )
) VERIFIED FIRST AMENDED COMPLAINT
13 vs. )
) FOR THE CAUSES OF ACTION:
14 DR. SUMAYYAH IBRAHIM ALNASSER, ) 1. Breach of Oral/Implied Contract
an individual, SUMAYA 369, LLC, a ) 2. Deceit by Suppression of Material Fact
15 Delaware Limited Liability Company, DOES 1) 3. Breach of Fiduciary Duty
through 50 are all persons claiming by, ) 4. Conversion
16 through, or under DR. SUMAYYAH ) 5. Accounting
IBRAHIM ALNASSER, or identified as all ) 6 . Quiet Title
17 persons unknown, claiming any legal or ) 7. Breach of Implied Covenant of Good Faith
equitable right, title, estate, lien, or interest in ) and Fair Dealing
18 the property described in this complaint, which)
is adverse to Plaintiffs title or creates a cloud )
19 on Plaintiffs title, and, DOES 51 through 100,) DEMANDED FOR JURY TRIAL
inclusive, )
20 )
Defendants. )
21 _______________________________________)
22 Plaintiff Shay Serdy, an individual, (“Plaintiff’) alleges:
23 VENUE
24
1. Plaintiff is, and at all times herein mentioned was, an individual and residing in the
County of Los Angeles, State of California.
25
2. Defendant Dr. Sumayyah Ibrahim Alnasser (“Alnasser”) is, and at all times herein
26
mentioned was, an individual and residing in the County of Los Angeles, State of California.
27
1
28
Serdy v. Alnasser
Case No.: 20VECV00439
First Amended Complaint
1 3. Plaintiff is informed, believes, and thereon alleges Defendant Sumaya 369, LLC
2 (“Sumaya LLC”) is, and at all times herein mentioned was, a Delaware limited liability company doing
3
business in the County of Los Angeles, State of California.
4. The execution and performance of the Agreement (defined hereinbelow) alleged herein,
4
the incidents giving rise to alleged damages herein, and the property subject to the quiet title claim
5
herein all occurred or, in the case of the property, is located in the County o f Los Angeles, State of
6
California.
7 DOE ALLEGATIONS
8 5. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as DOES
9 1 through 100, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will
amend this First Amended Complaint (“Complaint”) to allege their true names and capacities when
10
ascertained. Plaintiff is informed, believes, and thereon alleges that each of the fictitiously named
11
Defendants is/are part of the dispute and controversy as hereinafter alleged, and the claims of Plaintiff
12
against such fictitiously named Defendants arises from such dispute and controversy.
13 6. Defendants designated as “DOE Defendants 1 through 50” are persons unknown,
14 claiming by, through, or under Defendant Alnasser, or claiming any legal or equitable right, title,
15 estate, lien, or interest in the property described in this Complaint, which is adverse to Plaintiffs title
or creates a cloud on Plaintiffs title.
16
7. Defendants designated as “DOE Defendants 51 through 100” are alleged tortfeasors.
17
DEFINITION OF DEFENDANTS
18
8. The reference in this Complaint to “DOE Defendants 1 through 50” is to Defendants
19 designated as persons claiming by, through, under Defendant Alnasser or identified as persons
20 unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in
21 this Complaint (i.e., Home [defined hereinbelow]), which is adverse to Plaintiffs title or creates a
22
cloud on Plaintiffs title.
9. The reference in this Complaint to “DOE Defendants 51 through 100” is to Defendants
23
designated as alleged tortfeasors in this Complaint.
24
AGENCY ALLEGATIONS
25
10. Plaintiff is informed and believes and thereon alleges at all times herein mentioned, the
26 individuals acting on behalf of the named Defendant(s) were the agent, representative, and/or
27 employee of such named Defendant(s) and, in doing the things herein alleged, such individuals were
2
28
Serdy v. Alnasser
1 acting within the course and scope of such agency, representative, and/or employment and with the
2 permission and consent o f such named Defendant(s), or such actions or omissions were ratified or
3
approved by the named Defendant(s). Plaintiff is informed and believes and thereon alleges such
agents, representatives, and/or employees were authorized by the named Defendant(s) in the doing and
4
the manner of the act or omission.
5
11. Plaintiff is informed and believes and thereon alleges at all times herein mentioned,
6
each of the Defendants was the agent or representative of each of the remaining Defendants, and in
7 doing the things hereinafter alleged, was acting within the course and scope of such agency or
8 representation and with the permission and consent of his/her/its Co-Defendant, or such actions or
9 omissions were ratified or approved by the Co-Defendant. Plaintiff is informed and believes and
thereon alleges that Defendants were authorized by the Co-Defendant in the doing and the manner of
10
the act or omission.
11
COMMON ALLEGATIONS
12
12. In 2016, Plaintiff and Defendant Alnasser met in Munich, Germany, to discuss
13 expanding Defendant Alnasser’s then life coaching practice (“Practice”). The two individuals agreed
14 to work together in the development and expansion of the Practice in the Middle East with specific
15 focus on the Arabian Gulf (i.e., Persian Gulf). It was agreed Plaintiff would provide the behind the
scenes operational aspects of the Practice while Defendant Alnasser would focus projecting being the
16
highly successful Saudi female professional public image of the Practice. In 2016, and thereafter by
17
further oral agreement and conduct, Plaintiff and Defendant Alnasser ultimately orally agreed to the
18
following key terms of their relationship (“Agreement”):
19 12.1 Plaintiff would be treated as an independent contractor, as opposed to an
20 employee or partner, but would be an officer of any new company set up in the future with respect to
21 the Practice (i.e., Defendant Sumaya LLC);
22
12.2 Plaintiff would receive a regular, base compensation in the form of an IRS 1099,
which amount Plaintiff and Defendant Alnasser would mutually agree upon from time to time;
23
12.3 In addition to the regular, base compensation discussed in Subsection 12.2
24
above, Plaintiff had an unconditional right to, and would receive, 50% of the gross annual revenue
25
from the Practice, which amount was in excess of the gross annual revenue of the Practice before
26 Plaintiff and Defendant Alnasser commenced working together in 2016;
27 12.4 To foster an image of a highly successful lifestyle for Defendant Alnasser (the
3
28
Serdy v. Alnasser
1 face of the Practice) to the general public, Plaintiff and Defendant Alnasser agreed their joint
2 percentage of gross annual revenues (i.e., 50% / 50%) would be reinvested into the Practice over the
3
next 3 years (i.e. 2017, 2018, and 2019); provided, however, at the end o f the 3 year reinvestment
period (commencing January 2020 and thereafter), Plaintiff and Defendant Alnasser would sit down
4
together and do an accurate and complete accounting, divide up the existing assets generated by the
5
Practice during the 3 year reinvestment period and, from that point forward (January 2020 forward),
6
discontinue the reinvest plan and commence splitting the net profits of the Practice equally (50% /
7 50%) between Plaintiff and Defendant Alnasser;
8 12.5 To pay for the expenditures of the Practice, Plaintiff and Defendant Alnasser
9 would from time to time mutually agree upon the expenses or capital investments to be incurred,
which agreed expenses and capital investments would result in reducing the gross annual revenue
10
down to the annual net profits, which Plaintiff and Defendant Alnasser shared equally (50% / 50%);
11
12.6 As to the assets created by the expenses and capital investments, and annual net
12
profits described in Subsection 12.5 above, Plaintiff and Defendant Alnasser each held an equal 50%
13 interest in all of such items or amounts, regardless whether the asset was held jointly or by one or the
14 other, or held by a third person or entity for the benefit of one individual or both individuals;
15 12.7 As between them, Plaintiff would take the lead on all operational aspects of the
Practice and, in turn, Defendant Alnasser would take the lead on all public interaction aspects of the
16
Practice (e.g., promoting the image of a highly successful lifestyle of both herself and the Practice),
17
provided, however, all decisions affecting the Practice would be unanimous;
18
12.8 As between them, there was to be complete, unconditional transparency as to all
19 Practice related matters, without exception;
20 12.9 With all aspects of the Practice, Plaintiff and Defendant Alnasser would tender
21 unconditional loyalty to the other individual;
22
12.10 During the term of the Agreement, Plaintiff could, at her sole discretion, set up
or assist other competitive businesses; provided, however, a competitive business was not doing
23
business in or generating business from in the Arabian Gulf (i.e., Persian Gulf);
24
12.11 If either individual wanted to end their relationship, they could termination the
25
relationship upon notice to the other and for any reason; provided, however, the effective date of
26 termination would not be any sooner than after the complete, mutually agreed separation of assets as
27 described in Subsection 12.12 below;
4
28
Serdy v. Alnasser
1 12.12 Upon notice of termination described in Subsection 12.11 above, Plaintiff and
2 Defendant Alnasser would, in good faith, within 60 days following notice o f termination complete the
3
dividing up of all assets and monies generated by the Practice, including, but not limited to, assets held
by either individual, or held by any other person or entity (e.g., Defendant Sumaya LLC, etc.) for the
4
benefit of either individual, the goodwill of the Practice, the residual future revenues from the Practice,
5
and otherwise.
6 12.13 Each individual reserved all legal rights under the law.
7 12.14 If either or both Plaintiff and Defendant Alnasser set up a corporation or similar
8 entity (i.e., Defendant Sumaya LL), that entity would be obligated to the terms of their Agreement and
9 each individual would have a 50% interest in any such entity.

Since commencement of their Agreement in 2016 to the present (as of filing this Complaint), there has
10
been no modification to the above described key terms of their oral and implied Agreement.
11
13. On or about July 2016, Plaintiff and Defendant Alnasser set up Defendant Sumaya
12
LLC, with Alnasser identified as the sole member and manager for purposes of public image and,
13 pursuant to the Agreement, Plaintiff and Alnasser each had a 50% ownership interest in Defendant
14 Sumaya LLC and Defendant Sumaya LLC was obligated to the terms of the Agreement.
15 14. Since commencement of the relationship and Agreement between Plaintiff and
Defendant Alnasser (and Defendant Sumaya LLC, as applicable), the relationship has been highly
16
financially successful; in 2016 the revenues were approximately $350,000 per month, in 2017 the
17
revenues were approximately $400,000 per month, in 2018 the revenues were approximately $500,000
18
per month, and in 2019 the revenues were approximately $600,000 per month.
19 15. From 2016 through on or about November, 2019, Plaintiff is informed and believes and
20 thereon alleges based upon the representations by Defendant Alnasser to Plaintiff, there was full
21 compliance by Defendant Alnasser (and Defendant Sumaya LLC, as applicable) with the Agreement.
22
However, on or about November, 2019, with funds generated from the Practice and with the consent of
Plaintiff, Defendant Alnasser purchased a home in Westlake Village, California, for approximately
23
$3,000,000 located at 1475 Cheviot Hills Court, Westlake Village, California 91361 (“Home”).
24
Pursuant to the Agreement, title to the Home could be taken by Defendant Alnasser, individually, or
25
by an entity (e.g., Defendant Sumaya LLC, etc.) for the benefit of either Defendant Alnasser and/or
26 Plaintiff, or by Defendant Alnasser and Plaintiff, jointly (i.e., 50% interest by each individual). In all
27 cases pursuant to the Agreement, Plaintiff has a 50% interest in the Home, regardless o f how title to
5
28
Serdy v. Alnasser
1 the Home is held. On or about December, 2019, Plaintiff requested Defendant Alnasser to provide
2 Plaintiff with a copy of the deed to the Home. Defendant Alnasser has to date failed and refused to
3
provide a copy of the deed to the Home to Plaintiff, which constitutes a material breach of the
Agreement (e.g., failure to be transparent, failure to be loyal, etc.).
4
16-A. On or about January 2020, Plaintiff requested Defendant Alnasser (and Defendant
5
Sumaya, LLC, as applicable) meet to perform the accounting, confirming discontinuation of the 3 year
6 reinvesting plan, divided up between the two individuals the existing assets generated by the Practice,
7 and commence the monthly sharing in the net revenues of the Practice. Defendant Alnasser has to date
8 failed and refused to comply with Plaintiffs request, which constitutes a material breach of the
9 Agreement (e.g., failure to be transparent, failure to be loyal, failure to account for and divide up
assets, etc.).
10
16-B. Since Plaintiff filed the original Complaint in this action (on or about March 26,2020),
11
the following relevant events have occurred, to which Plaintiff is aware:
12
16-B.l On or about March 27, 2020, Sarny Harmoush, Esq. (“Harmoush”), with the law
13 firm of Harmoush & Rashedi Law Group, LLP, called Plaintiff and informed Plaintiff that he
14 (Harmoush) represented Defendants Alnasser and Sumaya LLC and that Plaintiff was fired effectively
15 immediately. Accordingly, Plaintiff requested the Parties immediately commence and complete within
60 days the accounting, division of assets, and separation procedures as discussed above at Subsection
16
12.12 above.
17
16-B.2 Plaintiff is informed and believes and thereon alleges that: (a) on or about April
18
10, 2020, Harmoush contacted several individuals, who personally know Plaintiff, and Harmoush
19 falsely represented to each individual that Plaintiff had stolen monies and social security information
20 from Defendant Alnasser; (b) that Harmoush offered each individual $2,500.00 as a “gift” to sign a
21 false document to thereby improperly influence the testimony of one or more potential witnesses; (c)
22
Harmoush made these representations and took the actions alleged while in his course and scope of
employment with his law firm Harmoush & Rashedi Law Group, LLC and in his course and scope of
23
his legal representation as legal counsel for Defendant Alnasser and Sumaya LLC; and (d) that
24
Harmoush’s conduct herein alleged was with the permission and consent of Defendants Alnasser and
25
Sumaya LLC, or such actions were ratified or approved by Defendants Alnasser and Sumaya LLC.
26 16-B.3 On or about April 8, 2020, Harmoush represented that the new Shopify manager
27 “Mo” needed to review the Shopify information for Defendant Alnasser and Sumaya LLC to complete
6
28
Serdy v. Alnasser
1 the settlement between Plaintiff and Defendants Alnasser and Sumaya LLC. The review occurred
2 however, Plaintiff is informed and believes and thereon alleges that: (a) “Mo” was not the new Shopify
manager but a private investigator; (b) Harmoush made this representation and took the actions alleged
3
while in his course and scope of employment with his law firm Harmoush & Rashedi Law Group, LLC
4
and in his course and scope of his legal representation as legal counsel for Defendants Alnasser and
5
Sumaya LLC; (c) that Harmoush’s conduct herein alleged was with the permission and consent of
6 Defendants Alnasser and Sumaya, LLC, or such actions were ratified or approved by Defendants
7 Alnasser and Sumaya, LLC; and (d) by such conduct, Defendants Alnasser and Sumaya LLC, jointly
8 and severally, materially breach their Agreement with Plaintiff (e.g., Subsection 12.12 above [e.g.,
9
failure to act in good faith, etc.]).
16-B.4 Two of more competitors contacted Plaintiff and informed Plaintiff that
10
Defendant Alnasser had intentionally misappropriated confidential and/or trade secret information,
11
including, but not limited to, course materials and copyrighted materials, from them, and that claims
12
were being asserted. If true, such claims would have a direct impact on the operation of the Practice,
13 and the accounting, division of assets and separation pursuant to Subsection 12.12 above. Plaintiff has
14 also become aware that Defendants Alnasser and/or Sumaya LLC may have engaged in additional
15 improper and/or unlawful conduct. If true, such allegations would have a direct impact on the
operation of the Practice, and the accounting, division of assets and separation pursuant to Subsection
16
12.12 above. Plaintiff was not previously aware of these claims. Plaintiff has attempted to discuss
17
these issues with Defendant Alnasser, who has failed and refused to communicate. The conduct of
18
Defendant is a material breach of the parties’ Agreement (e.g., Subsection 12.8 above, etc.).
19 16-B.5 Plaintiff is informed and believes and thereon alleges that: (a) on or about
20 March 17, 2020, Defendant Alnasser hired computer hackers to attempt to hack into and take control
21 of the Practice’s website(s) and social media accounts; and (b) having failed, Defendant Alnasser next
caused to be set up a duplicate, false website (Sumaya369.net) to the Practice’s authentic website
22
(Sumaya369.com), which duplicate, false website with supporting social media has and is attempting
23
to steal, and has stolen, business from the Practice. The conduct of Defendant Alnasser is a material
24
breach of the parties’ Agreement (e.g., Subsections 12.8, 12.9 and 12.12 above, etc.).
25 17. A sa proximate result of the improper conduct and breach by Defendants Alnasser and
26 Sumaya LLC, and each of them, Plaintiff has damages in the sum presently unknown to Plaintiff,
27 which Plaintiff is informed and believes and thereon alleges to be in excess of $25,000.00. The
7
28
Serdy v. Alnasser
1 improper conduct and breach by Defendants Alnasser and Sumaya LLC is a substantial factor in the
2 harm to Plaintiff. Plaintiff will seek leave to amend this Complaint when the amount of damages is
3
ascertained or will present such proof at time of trial.
ALTER-EGO
4
18. Plaintiff is informed and believes and thereon alleges there exists, and at all times
5
herein mentioned there existed, a unity of interest and ownership between Defendant Alnasser and
6 Defendant Sumaya LLC, such that any individuality and separateness between Defendant Alnasser and
7 Defendant Sumaya LLC have ceased, and Defendant Sumaya LLC is the alter ego of Defendant
8 Alnasser in that Defendants Alnasser and Sumaya LLC have commingled personal and business
9 matters and Defendant Sumaya LLC has failed to follow the minimum formalities under the law for a
limited liability company.
10
19. Plaintiff is informed and believes and thereon alleges adherence to the fiction of the
11
separate existence of Sumaya LLC as an entity distinct from Defendant Alnasser would permit an
12
abuse of the corporate privilege and would sanction fraud or promote injustice in that Defendant
13 Alnasser could improperly hide behind Defendant Sumaya LLC and avoid personal liability.
14 CIVIL CONSPIRACY
15 20. Plaintiff is informed, believes and thereon alleges on or about December, 2019,
Defendants Alnasser, Sumaya LLC and DOE Defendants 51 through 100, and each o f them,
16
knowingly and willfully conspired and agreed among themselves to convert and conceal from Plaintiff
17
her 50% ownership in the assets of the Practice and thereby to unlawfully and improperly convert as
18
their own, and for their own financial benefit, Plaintiffs 50% ownership in the assets of the Practice.
19 21. Plaintiff is informed, believes and thereon alleges Defendants Alnasser, Sumaya LLC
20 and DOE Defendants 51 through 100, and each of them, did the acts and things herein alleged pursuant
21 to, and furtherance of, the conspiracy and above-alleged agreement.
22
22. Plaintiff is informed, believes and thereon alleges Defendants Alnasser, Sumaya LLC
and DOE Defendants 51 through 100, and each of them, furthered the conspiracy by cooperation with
23
or lent aid and encouragement to or ratified and adopted the acts of the other identified Defendants.
24
23. Plaintiff is informed, believes and thereon alleges that the above-described conspiracy
25 is still continuing.
26 ALLEGATIONS SUPPORTING PUNITIVE DAMAGES
27 24. Based upon the allegations set forth herein, the conduct of Defendants Alnasser,
8
28
Serdy v. Alnasser
1 Sumaya LLC and DOE Defendants 51 through 100, and each of them, was willful with malice,
2 oppression and/or fraud. At the time of the commencement of the conspiracy and thereafter,
3
Defendants Alnasser and Sumaya LLC had/has a fiduciary duty to Plaintiff. For over 3 years,
Defendants Alnasser and Sumaya LLC have received the benefits o f the relationship with Plaintiff,
4
inclusive of the use and benefits of the substantial assets generated by the Parties joint efforts,
5
including the exclusive efforts of Plaintiff to assist Defendant Alnasser build the Practice. Between the
6 Parties, Defendants Alnasser and Sumaya LLC sit in a position of power over Plaintiff. Now that
7 Defendant Alnasser has secured financial success as a result of the exclusive efforts of Plaintiff,
8 Defendant Alnasser’s gratitude, if any, for the efforts of Plaintiff is shown by discarding Plaintiff and
9 by intentionally failing and refusing to fulfill the same Defendants’ obligations of transparency,
loyalty, accounting, division of assets and compliance with the implied covenant of good faith and fair
10
dealing. Defendants’ conduct is not limited to merely ignoring and refusing to disclose, but the
11
intentional and willful conversion of the assets rightfully due Plaintiff.
12
FIRST CAUSE OF ACTION
13 (For Breach of Oral and/or Implied Contract
14 against Defendants Alnasser and Sumaya LLC)
15 25. Plaintiff hereby refers to and incorporates as if fully described herein Paragraphs 1
through 19, inclusive, of this Complaint, which precede this Cause of Action, and makes them a part of
16
this, her First Cause of Action.
17
26. Plaintiff has performed all conditions, covenants, and promises required on her part to
18
be performed in accordance with the terms and conditions of the Agreement described above, except
19 as prohibited by the actions or omissions of Defendants Alnasser and Sumaya LLC or her/its agents.
20 27. Within the past two years prior to the date of filing this Complaint, in particular on or
21 about December, 2019, and thereafter, Defendants Alnasser and Sumaya, LLC each breached the
22
Agreement as described above.
28. A sa proximate result of the breach by Defendants Alnasser and Sumaya LLC, and each
23
of them, Plaintiff has damages in the sum presently unknown to Plaintiff, which Plaintiff is informed
24
and believes and thereon alleges to be in excess of $25,000.00. Plaintiff will seek leave to amend this
25
Complaint when the amount is ascertained or will present such proof at time o f trial.
26 \\
27 \\
9
28
Serdy v. Alnasser
1 SECOND CAUSE OF ACTION
2 (Deceit by Suppression of Material Fact against Defendants Alnasser,
3
Sumaya LLC, and All DOE Defendants 51 through 100)
29. Plaintiff hereby refers to and incorporates as if fully described herein Paragraphs 1
4
through 24, inclusive, which precede this Cause of Action, and Paragraphs 40 through 49, inclusive, of
5
this Complaint which follow this Cause of Action, and makes them a part o f this, her Second Cause of
6 Action.
7 30. Defendants Alnasser and Sumaya LLC had/have contractual obligations to Plaintiff to
8 provide Plaintiff with transparency, loyalty, accounting and division of assets with respect to all
9 matters associated with the Practice. Defendants Alnasser and Sumaya LLC knew or should have
known of such duties. Plaintiff is informed, believes and thereon alleges all other Defendants (i.e.,
10
DOE Defendants 51 through 100) knew or should have known of such obligations of Defendants
11
Alnasser and Sumaya LLC.
12
31. On or about December, 2019, Plaintiff is informed, believes and thereon alleges
13 Defendants Alnasser and Sumaya LLC, and each of them, made a decision to, and did in fact,
14 discontinue disclosing material facts required to be disclosed to Plaintiff which conduct violated
15 Defendants’ contractual obligations to Plaintiff. Plaintiff is informed, believes and thereon alleges all
other Defendants (i.e., DOE Defendants 51 through 100) knew or should have known of the failure of
16
Defendants Alnasser and Sumaya LLC to disclose the material facts. As of the filing of this
17
Complaint, Plaintiff is aware that Defendants Alnasser and Sumaya LLC failed and refused to disclose
18
the title to the Home and the accounting for the assets of the Practice generated during the 3 year
19 reinvestment period, or pursuant to Subsection 12.12 above.
21 and DOE Defendants 51 through 100, and each of them, concealed these material facts from Plaintiff
22
with the intention to convert and conceal from Plaintiff her 50% ownership in the assets of the Practice
and thereby to unlawfully and improperly convert as their own, and for their own financial benefit,
23
Plaintiffs 50% ownership in the assets of the Practice. As justifiable reliance on the silence of
24
Defendants, and each of them, Plaintiff continued to work on Practice matters, and not take immediate
25
actions to protect her legal rights, thereby incurring harm. Had Plaintiff known at the time of the
26 falsity of Defendants’ conduct, Plaintiff would have immediately taken steps to protect her legal rights
27 and mitigated her damages.
10
28
Serdy v. Alnasser
1 33. A sa proximate result of Defendants Alnasser, Sumaya LLC and DOE Defendants 51
2 through 100, and each of them, improper conduct alleged hereinabove, Plaintiff has suffered damages
3 in a presently unknown amount but, on information and belief, such damages are in excess of
$25,000.00. The improper conduct by Defendants is a substantial factor in the harm to Plaintiff.
4
Plaintiff will seek leave to amend this Complaint when the amount of damages is ascertained or will
5
present such proof at time of trial.
6
34. Plaintiff is informed and believes and thereon alleges that the aforementioned conduct
7 of the Defendants Alnasser, Sumaya LLC and DOE Defendants 51 through 100, and each of them, was
8 an intentional deceit or concealment of a material fact known to Defendants, and each of them, with
9 the intention on the part of Defendants o f thereby depriving Plaintiff of property or legal rights or
otherwise causing injury, and was despicable conduct that subjected Plaintiff to a cruel and unjust
10
hardship in conscious disregard of Plaintiff s rights, so as to justify an award of exemplary and
11
punitive damages.
12
THIRD CAUSE OF ACTION
13 (Breach of Fiduciary Duty Against Defendants Alnasser and Sumaya LLC)
14 35. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1
15 through 24, inclusive, Paragraphs 29 through 34, inclusive, which precede this Cause of Action, and
Paragraphs 40 through 49, inclusive, of this Complaint, which follow this Cause of Action, and makes
16
them a part of this, her Third Cause of Action.
17
36. By the parties’ Agreement, Defendants Alnasser and Sumaya LLC had/have a
18
contractual obligation of loyalty to Plaintiff, which in turn gives rise to a fiduciary duty to Plaintiff of
19 loyalty.
20 37. Defendants Alnasser and Sumaya LLC intentionally breached her/its fiduciary duty to
21 Plaintiff, with intent to deceive, by doing the acts and omissions alleged herein, including, but not
22
limited to, converting and concealing from Plaintiff her 50% ownership in the assets of the Practice
and thereby to unlawfully and improperly convert as their own, and for their own financial benefit,
23
Plaintiffs 50% ownership in the assets of the Practice.
24
38. A sa proximate result of Defendants, and each of them, improper conduct alleged
25
hereinabove, Plaintiff has suffered damages in a presently unknown amount but, on information and
26 belief, such damages are in excess of $25,000.00. The improper conduct by Defendants is a substantial
27 factor in the harm to Plaintiff. Plaintiff will seek leave to amend this Complaint when the amount of
ll
28
Serdy v. Alnasser
1 damages is ascertained or will present such proof at time of trial.
2 39. Plaintiff is informed, believes and thereon allege that the aforementioned acts of
3
Defendants, and each of them, were willful and malicious. Plaintiff is informed, believes and thereon
alleges that Plaintiff is therefore entitled to punitive damages.
4
FOURTH CAUSE OF ACTION
5
(Conversion against Defendants Alnasser,
6 Sumaya LLC, and All DOE Defendants 51 through 100)
8 through 24, inclusive, and Paragraphs 29 through 39, inclusive, of this Complaint, which precede this
9 Cause of Action, and makes them a part of this, her Fourth Cause of Action.
41. On or about December, 2019, Defendants Alnasser, Sumaya LLC and DOE Defendants
10
51 through 100, and each of them, wrongfully and unlawfully converted from Plaintiff her 50%
11
ownership in the assets of the Practice and thereby to unlawfully and improperly convert as their own,
12
and for their own financial benefit, Plaintiffs 50% ownership in the assets of the Practice.
13 42 On or about March 23, 2020, Plaintiff orally demanded the immediate accounting,
14 identification and return of Plaintiff s 50% ownership in the assets of the Practice and Defendants
15 Alnasser, Sumaya LLC and DOE Defendants 51 through 100, and each of them, cease and deceit use
of Plaintiff s 50% ownership in the assets of the Practice, but Defendants, and each of them, failed and
16
refused, and continue to fail and refuse, to return Plaintiffs 50% ownership in the assets of the
17
Practice and/or cease and deceit use of Plaintiff s 50% ownership in the assets of the Practice. On or
18
about April 21, 2020, Plaintiff demanded that Defendant Alnasser take off line the duplicate, false
19 website (Sumaya369.net), which Defendant Alnasser failed and refuses to comply.
20 43. By virtue of Defendants’ wrongful acts, he/she/it holds the converted assets, and funds
21 generated from the unlawful use, which sum is presently unknown to Plaintiff, as a constructive trustee
for the benefit of Plaintiff.
22
44. By virtue of Defendants’ wrongful acts, Plaintiff is entitled to an accounting for all
23
unlawful possession and/or uses of Plaintiff s 50% ownership in the assets of the Practice and all
24
monies generated by the unlawful possession and/or uses.
25
45. A sa proximate result of Defendants Alnasser, Sumaya LLC and DOE Defendants 51
26 through 100, and each of them, improper conduct alleged hereinabove, Plaintiff has suffered damages
27 in a presently unknown amount but, on information and belief, such damages are in excess of
12
28
Serdy v. Alnasser
1 $25,000.00. The improper conduct by Defendants is a substantial factor in the harm to Plaintiff.
2 Plaintiff will seek leave to amend this Complaint when the amount of damages is ascertained or will
3
present such proof at time of trial.
46. Defendants’ wrongful conduct, unless and until enjoined and restrained by order of this
4
Court, will cause great and irreparable injury to Plaintiff. Specifically, Defendants, and each of them,
5
will continue to wrongfully and unlawfully convert and use Plaintiffs property, inclusive of transfer
6
Plaintiffs property to undisclosed third parties for future use and financial benefit. In addition,
7 Defendants, and each of them, will (a) continue to convert Plaintiffs 50% interest in the Practice
8 assets by use of hackers and/or the duplicate, false website (Sumaya369.net) or other means, (b)
9 transfer Plaintiffs property and/or monies generated from Plaintiffs property to banking, financial
and/or other sources outside the United States, inclusive of its territories (e.g., to Saudi Arabia, etc.) to
10
ensure the funds are hidden and uncollectable (eliminating Plaintiffs only source of recovery), and/or
11
(c) transfer Plaintiffs property and/or monies generated from Plaintiffs property to banking, financial
12
and/or other sources outside the State of California to ensure the funds are hidden and uncollectable
13 (eliminating Plaintiffs only source of recovery), and/or (d) transfer Plaintiffs property and/or monies
14 generated from Plaintiffs property to undisclosed individuals or entities to ensure the funds are hidden
15 and uncollectable (eliminating Plaintiffs only source of recovery).

47. Plaintiff has no adequate remedy at law for the injuries alleged above currently being
16
suffered. It will be impossible for Plaintiff to determine the precise amount of damages that she will
17
suffer if Defendants’ conduct is not restrained and/or Plaintiff will be forced to institute a multiplicity
18
of lawsuits to obtain adequate compensation for his injuries. In addition to the above allegations,
19 pending judgment this Court should impose a constructive trust and accounting upon Defendants, and
20 each of them, as to the conversions and use of Plaintiff s property and/or monies from the use of
21 Plaintiffs property. In addition, this Court should issue an order for attachment.
22
48. As a proximate result of the improper conduct by Defendants Alnasser, Sumaya LLC
and DOE Defendants 51 through 100, and each of them, Plaintiff has damages in the sum presently
23
unknown to Plaintiff, which Plaintiff is informed and believes and thereon alleges to be in excess of
24
$25,000.00. Plaintiff will be further damaged in like manner so long as Defendants’ conduct
25
continues. The full amount of this damage is not now known to Plaintiff. The improper conduct by
26 Defendants is a substantial factor in the harm to Plaintiff. Plaintiff will seek leave to amend this
27 Complaint when the amount is ascertained or will present such proof at time of trial.
13
28
Serdy v. Alnasser
1 49. In doing the things herein alleged, Plaintiff is informed, believes and thereon alleges
2 Defendants, and each of them, acted willfully and with the intent to intentionally cause injury to the
3
Plaintiff. Plaintiff is informed, believes and thereon alleges Defendants were therefore guilty of
malice, oppression and/or fraud in conscious disregard of Plaintiff s rights, thereby warranting an
4
assessment of punitive damages in an amount appropriate to punish Defendants, and each of them, and
5
deter others from engaging in similar misconduct.
6
FIFTH CAUSE OF ACTION
7 (For Accounting Against Defendants Alnasser,
8 Sumaya LLC, and AH DOE Defendants 51 through 100)
through 24, inclusive, and Paragraphs 29 through 49, inclusive, of this Complaint, which precede this
10
Cause of Action, and makes them a part of this, her Fifth Cause of Action.
11
51. The illegitimate activities by Defendants Alnasser, Sumaya LLC and DOE Defendants
12
51 through 100, and each of them, including, but not limited to, the conversion and the concealment of
13 financial information and records, make it impossible for Plaintiff to ascertain without an accounting
14 for her 50% ownership in the assets of the Practice.
15 52. On or about January 2020, and thereafter, Plaintiff demanded that Defendants Alnasser,
Sumaya LLC and DOE Defendants 51 through 100, and each o f them, account for the aforementioned
16
financial activities and transactions alleged hereinabove. Defendants, and each of them, has failed and
17
refused, and continues to fail and refuse, to render the accounting and correct the illegitimate activities.
18
SIXTH CAUSE OF ACTION
19 (Quiet Title against Defendants Alnasser,
20 Sumaya LLC, and All DOE Defendants 1 through 50)
22
through 19, inclusive, of this Complaint, which precede this cause of action, and makes them a part of
this, her Sixth Cause of Action.
23
54. The Home discussed hereinabove was purchased with funds generated by the Practice
24
to which, pursuant to the Agreement, Plaintiff is entitled to 50% of all assets of the Practice and,
25
accordingly, Plaintiff has a 50% fee simple ownership interest in the Home.
27 and/or DOE Defendants 1 through 50, and each of them, claims an interest adverse to Plaintiff in the
14
28
Serdy v. Alnasser
1 Home as a fee simple owner in whole or in part, or is otherwise unknown.
2 56. The adverse claims described herein are all without any right whatsoever, and no such
3 Defendant has any right, title, estate, lien, or interest whatsoever in the Home or any part of it, except
Defendant Alnasser has a 50% fee simple ownership in the Home pursuant to the Agreement (subject
4
to the parties’ Agreement).
5
57. Plaintiff seeks to quiet title to the Home, against all adverse claims of all claimants,
6
known and unknown, as of the date this Complaint was filed. Plaintiff requests title to the Home be
7 established as Plaintiff and Defendant Alnasser, each with a 50% fee simple ownership in the Home;
8 subject to an accounting and adjustments pursuant to the parties’ Agreement (e.g., Subsection 12.4,
9 12.12, etc.).
SEVENTH CAUSE OF ACTION
10
(Breach of the Implied Covenant to Good Faith
11
and Fair Dealing against Defendants Alnasser and Sumaya LLC)
12
58. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1
13 through 19, inclusive, and Paragraphs 25 through 28, inclusive, of this Complaint, which precede this
14 Cause of Action, and makes them a part o f this, her Seventh Cause of Action.
15 59. Plaintiff is informed, believes, and thereon alleges that as a matter of California law a
16
covenant of good faith and fair dealing is implied into and is a part of the Parties’ Agreement. Plaintiff
is informed, believes, and thereon alleges the covenant required Defendants Alnasser and Sumaya
17
LLC not to do anything which would deprive Plaintiff of the benefits of the Agreement. Plaintiff is
18
informed, believes, and thereon alleges that this covenant imposed upon Defendants, and each of them,
19 a duty to do the following, at a minimum:
20 59.1 A duty to act honestly, and in good faith, in all matters with Plaintiff with
21 respect to the Parties’ Agreement;
22 59.2 A duty to do everything that the Agreement presupposes that Defendants will do
to accomplish the purposes of the Agreement;
23
60. Plaintiff is informed, believes, and thereon alleges that Defendants Alnasser and
24
Sumaya LLC and Plaintiff have a special relationship that was created by the Agreement; the
25
Agreement required Plaintiff and Defendants Alnasser and Sumaya LLC to provide unconditional
26 loyalty and, in addition, Plaintiff to disclose various confidential information to Defendants Alnasser
27 and Sumaya LLC. Plaintiff was vulnerable to the misconduct of Defendants, and each of them.
15
28
Serdy v. Alnasser
1 61. Plaintiff is informed, believes, and thereon alleges that the usual measure of contract
2 damages provided no incentive for Defendants, and each of them, to perform under the contractual
3
relationship.
62. Plaintiff is informed, believes, and thereon alleges that the conduct of Defendants, and
4
each of them, constituted a material breach of the covenant of good faith and fair dealing implied into
5
the Parties' Agreement.
6 63. Plaintiff is informed, believes, and thereon alleges that prior to the breach of the
7 Agreement by Defendants, Plaintiff had performed all conditions, covenants, and promises required by
8 her on her part to be performed in accordance with the terms and conditions of the Agreement, except
9 those conditions and terms Plaintiff had been prevented from performing by the actions or omission of
Defendants, or her/its agents.
10
64. Plaintiff is informed, believes, and thereon alleges that as a proximate result of the bad
11
faith breach by Defendants, Plaintiff has suffered damages, but in an amount that is presently unknown
12
to Plaintiff, which Plaintiff is informed and believes and thereon alleges to be in excess of $25,000.00.
13 The improper conduct by Defendants is a substantial factor in the harm to Plaintiff. Plaintiff will seek
14 leave to amend this Complaint when the amount is ascertained or will present such proof at time of
15 trial.
WHEREFORE, Plaintiff prays judgment as follows:
16
AS TO THE FIRST CAUSE OF ACTION
17
(Breach of Oral/Implied Contract)
18
65. Plaintiff prays judgment against Defendants Alnasser and Sumaya LLC, jointly and
19 severally, as follows:
20 65.1 For general and/or compensatory damages according to proof;
21 65.2 For interest as allowed by law;
22
65.3 For costs of suit herein incurred; and
65.4 For such other and further relief as the court may deem proper.
23
AS TO THE SECOND CAUSE OF ACTION
24
(Deceit by Suppression of Material Fact)
25
66. Plaintiff prays judgment against Defendants Alnasser, Sumaya LLC, and DOE
26 Defendants 51 through 100, jointly and severally, as follows:
27 66.1 For general damages in a sum according to proof;
16
28
Serdy v. Alnasser
1 66.2 For special damages in a sum according to proof;
2 66.3 For punitive damages according to proof;
3
4
AS TO THE THIRD CAUSE OF ACTION
5
(Breach of Fiduciary Duty)
6
8 67.1 For damages in the sum according to proof;
9 67.2 For punitive damages in the same according to proof;

10
11
AS TO THE FOURTH CAUSE OF ACTION
12
(Conversion)
13 68. Plaintiff prays judgment against Defendants Alnasser, Sumaya LLC, and DOE
15 68.1 For general and/or compensatory damages according to proof;

68.2 For interest according to proof as allowed by law;
16
68.3 For punitive and exemplary damages according to proof;
17
68.4 For one or more orders requiring Defendants, and each of them, to show cause,
18
if any they have, why they should not be enjoined as set forth in this Complaint, during the pendency
19 of this action.
20 68.5 For one or more temporary restraining orders, one or more preliminary
21 injunctions and one or more permanent injunctions, all enjoining Defendants, and each of them, and
22
their agents, servants, and employees, and all persons acting under, in concert with, or for them:
68.5.1 From (a) converting and/or using Plaintiffs assets and/or (b) transferring
23
Plaintiffs assets to disclosed (known) or undisclosed (e.g., in the name of, etc.) third parties for future
24
use and financial benefit.
25
68.5.2 From (a) transferring monies generated from Plaintiffs assets to
26 banking, financial and/or other sources outside the United States, inclusive o f its territories (e.g., to
27 Saudi Arabia, etc.), and/or (b) transferring monies generated from Plaintiffs assets to banking,
17
28
Serdy v. Alnasser
1 financial and/or other sources outside the State of California, and/or (c) transferring monies generated
2 from Plaintiffs assets to disclosed (known) or undisclosed individuals or entities.

68.5.3 Ordering a constructive trust, and/or from transferring any assets or
3
funds held in the constructive trust and providing an accurate and complete accounting.
4
68.5.4 Ordering an attachment of applicable assets of the Defendants, or each of
5
them, inclusive of assets held by other parties for the benefit of Defendants, jointly or severally.
6 68.5.5 Ordering such other matters as circumstances may require for justice to
7 be served.
8 68.6 If and as applicable, for interest according to proof as allowed by law;
9
10
AS TO THE FIFTH CAUSE OF ACTION
11
(Accounting)
12
14 69.1 For an accounting between Plaintiff and Defendants;
15 69.2 For costs of suit herein incurred; and

16
AS TO THE SIXTH CAUSE OF ACTION
17
(Quiet Title)
18
70. Plaintiff prays judgment against Defendants Alnasser, Sumaya LLC, and DOE
20 70.1 That Plaintiff is the owner in fee simple, whether in whole or in part of the
21 Home, and that no Defendant has any interest in the property adverse to Plaintiff;
22
23
AS TO THE SEVENTH CAUSE OF ACTON
24
(Breach of Implied Covenant of Good Faith and Fair Dealing)
25 71. Plaintiff prays judgment against Defendants Alnasser and Sumaya LLC, jointly and
27 71.1 For damages according to proof;
18
28
Serdy v. Alnasser

Serdy v. Alnasser Case No.: 20VECV00439 First Amended Complaint

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Serdy v. Alnasser Case No.: 20VECV00439 First Amended Complaint

Загружено:

Авторское право:

Доступные форматы

1 James Lee Reynolds, Esq.

State Bar No.: 115193

8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES, NORTHWEST JUDICIAL DISTRICT

10 VAN NUYS COURTHOUSE EAST

11 SHAY SERDY, an individual, ) Case No.: 20VECV00439

9 each individual would have a 50% interest in any such entity.

15 and uncollectable (eliminating Plaintiffs only source of recovery).

9 67.2 For punitive damages in the same according to proof;

15 68.1 For general and/or compensatory damages according to proof;

2 from Plaintiffs assets to disclosed (known) or undisclosed individuals or entities.

15 69.2 For costs of suit herein incurred; and

Вам также может понравиться