Penguin Group (usa) Inc v. Conlan Press Inc Document 3

Superior Court of California, County of San Mateo
Case No. CLJ511166
Filed January 19, 2012

(l) Complaint Filed - Prayer Amount $10,000.00 Or Less.

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Jane Z. Hinsdale, CSB # 57308

Hinsdale Law Firm, P. C.
SAN NiATEO COUN'fY
Airport Boulevard, Suite 106B

Burlingame, California 94010
JAN 1 9 201
Telephone: ( 650) 342- 4800
Court

Facsimile: ( 650) 342- 4845


Attorney for Plaintiff

SUPERIOR COURT OF CALIFORNIA —COUNTY OF SAN MATEO
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LIMITED CIVIL DIVISION
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PENGUIN GROUP ( USA) INC.,
CASE NO.
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COMPLAINT FOR MONEY
CONLAN PRESS, INCORPORATED, a
PRINCIPAL: $ 3, 389. 95

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COLLECTION CASE
Plaintiff,
corporation; DOES ONE through TWENTY,

Defendants.
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Plaintiff alleges as follows:
FIRST CAUSE OF ACTION
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The true names and capacities, whether corporate, associate, individual or otherwise, of

defendants Doe One to Twenty, inclusive, are unknown to plaintiff who therefore sues said

defendants by such fictitious names and plaintiff will ask leave to amend this Complaint to set

I forth their true names and capacities when the same are ascertained.

Complaint for Money
Penguin Group vs. Conlan Press, et al.
Page 2 n
. Plaintiff is informed and believes, and on such information and belief, alleges that at all

times herein mentioned, each of the defendants was acting as the agent and/ or servant of each

of the other defendants and all actions alleged herein were within the course and scope of the

defendant' s agency and/ or employment.
. This cause of action is not subject to the provisions of Sections 1812. 10 or 2984.4 of
the Civil Code of the State of California. The defendants reside and/ or the obligation was
entered into within this judicial district.
. Plaintiff s attorneys notified defendants in writing that they intended to sue and that suit
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could result in judgment, including costs pursuant to Section 1033 of the California Code of
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Civil Procedure. Notice was sent by first class mail, postage prepaid, and not returned by the
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Within the last four years defendants, and each of them, became indebted to plaintiff in
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the agreed sum of $3, 889. 95 for goods sold and delivered and/ or services rendered to

defendants, and defendants then and there agreed to pay said amount.
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. No part of said sum has been paid, except for the sum of $500. 00, although demand
therefor has been made, and there is now due, owing and unpaid the sum of $3, 389. 95, together

with interest thereon at the rate of 10% per year from March 18, 2009.

SECOND CAUSE OF ACTION
. Plaintiff realleges and incorporates herein by reference each and every allegation
contained in paragraphs 1, 2, 3, 4 and 6 of the First Cause of Action.
. Within the last four years defendants, and each of them became indebted to plaintiff on
I a book account for a balance due in the amount of $3, 389.95.

Complaint for Money
Penguin Group vs. Conlan Press, et al.
Page 3 9. This book account accrued after January l, 1987. Plaintiff is entitled to attorneys fees

of the lesser of $1, 000. 00 or 25% of the principal balance, to wit the sum of $847.49, pursuant

to 1717. 5 Civil Code.

THIRD CAUSE OF ACTION
. Plaintiff realleges and incorporates herein by reference each and every allegation
contained in paragraphs l, 2, 3, 4 and 6 of the First Cause of Action.
.

Within the last four years there was an account stated by and between plaintiff and
defendants, and each of them, whereby it was agreed that defendants were indebted to plaintiff

in the sum of $3, 389. 95.
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a) The amount of $3, 389. 95, together with interest thereon at the rate of 10%
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per year
from March 18, 2009;

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WHEREFORE, plaintiff prays for judgment against defendants and each of them, for:
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b) Attorneys fees of $847. 49 pursuant to 1717. 5 Civil Code;
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c)

Dated:
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Cost of suit and such other and further relief as the Court deems proper.
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HINSDALE LAW FIRM, P. C.
January 1 l, 2012

By
Jane Z. Hinsdale



Complaint for Money
Penguin Group vs. Conlan Press, et al.
Page 4
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