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San Francisco Superior Courts information Technology Group
Document Scanning Lead Sheet Mar-06-2008 9:08 am
Case Number: CGC-07-467923 Filing Date: Mar-05-2008 9:08 Juke Box: 001 Image: 02047475 COMPLAINT
SYNNEX CORPORATION VS. INTERREX INC. DBA PENGUIN IMAGING et al
001002047475
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< |i t € 1H JAY M. +ENENBAUM. ESQ. Bar No. 134221 &STALS & TENTNRAUM > it ATTORNEYS AT raw 9323 W. LINCOLN AN Toy SUITE V7!
| ANAHEIM, CALIFORNIA 92801
(714) 993-9353
ATTORNEYS FOR: PLAINTIFF,
SYNNEX CORPORATION
a2 an “M Oo | SYNNEX CORPORATION, SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO , MAIN COURTHOY Any
LICE
wie ) Case No. CGC07467923
) Plaintiff, ) DEMAND = $4,608.73 ) VS. ) FIRST AMENDED ) COMPLAINT FOR:
|| INTERREX, INC. dba PENGUIN IMAGING; } MARGARET MIGNONI, and DOES | to 10, yi. BREACH OF || inclusive, ) CONTRACT y 2. BREACH OF Defendants. ) PERSONAL "7 ; GUARANTEE ___) LIMITED CIVIL CASE Plaintiff, SYNNEX CORPORATION, ("Plaintiff") alleges:
1. Plaintiff is, and at all times herein mentioned was, 4 Delaware Corporation a | qualified to do business in California.
» 2. Plaintiff is snformed and helieves and thereupon alleges that Defendant, INTERREX, INC. dba PENGUIN IMAGING, is and was a New Jerscy Corporation that entered aA into an agreement agreeing to the jurisdiction of this court. 95 3, Plaintiff is snformed and believes and thereupon alleges that Defendant, 36 MARGARET MIGNON, is and was an individual that entered into an agreement aprecing te the jurisdiction of this court.
145820 FIRST AMENDED COMPLAINT
This is an attempt fo collect a debt. Any information obtained will be used for that purpose.
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it associate or othervise of the defendants sued herein as Does 1 tu 10, inclusive, and therefore true name and capacitics of the fietitinnely named Doe defendants when Plaintiff ascertains same. s.
6.
7.
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9.
145820
sues these defendants by such fictilious amc. Plaintitt will amend this cunnpraint te show the Complaint as though wholly set forth herein.
made between SYNNEX CORPORATION and INTERREX, INC. dba PENGUIN IMAGING; MARGARET MIGNONI; DOES 1 to 10, inclusive. By the terms of said agreement, Plaintiff agreed to provide a booth at a trade show to Defendant(s). Defendant(s) promised to pay Plaintiff the agreed upon price of the booth. A copy of the si gned agreement is attached hereto as Exhibit “A” and made a part hereof by this reference.
agreement by failing to either pay for the booth or cancel prior to the deadline provided for within the contract. Plaintiff is entitled to liquidated damages pursuant to the agreement in the event Defendant fails to cancel in a timely fashion. Demand for the outstanding balance owed of $4,608.73 was made upon Defendant(s), and each of them. Defendant(s), and each of them, have failed and refused and continue to fail and refuse to pay the remaining balance due. Plaintiff was prevented or excused from performing.
the agreement in the sum of $4,608.73 which is the outstanding balance and reasonable value now due, owing and unpaid, despite Plaintiff's demands, plus prejudgment interest thereon at the rate of 1.5% per month (1 8% per annum) from APRIL 23, 2005.
This is an attempt to collect a debt. Any information obtained will be used for that purpose. es — = Plaintiff is unaware of the true names or capacities. whether individual, corporate, FIRST CAUSE OF ACTION RREACII OF CONTRACT AGAINST ALL DEFENDANTS Plaintiff incorporates by reference paragraphs 1 through 3, inclusive, of this Plaintiff alleges that on or about JANUARY 3, 2005, a written agreement was On or about APRIL 23, 2005 Defendants(s), and each of them, breached the Plaintiff has pertormesd aii obligations te Defendant s) except those obligations Plaintiff suffered damages legatly (proximately) caused by Defendant(s) breach of FIRST AMENDED COMPLAINT
nn eet memamn ne Tra BARES ET TACT TH REL TT
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1 ec ny SECOND CAUSE OF ACTION BREACH Ar PERSONAL GUAR ANTEE AGAINS! DEFENDATSE MADGARET Mtl iNONI
10. Plaintiff incorporates SY reference naravraphs } through i0, inclusive, of this Complaint as though fully set forth herein.
11. Asanalternalive and cumulative remedy, Plaintiff is informed and believes and thereon alleges that on or ahout JANUARY 3, 9005, Defendant MARGARET MIGNON], as guarantor, exccuted and delivered to Plaintiff his/her signed Personal Guarantee. Atruc and correct copy of said Guarantee is attached hercto as Exhibit "A" and by this reference is incorporated herein. Under the terms of said Guarantec, said Defendant MARGARET MIGNONI, as Guarantor, for valuable consideration, agreed to be primarily liable to Plaintiff for the payment of all sums which were then due or which might thereafter become due to Plaintiff on account of any extension of credit to Defendant INTERREX, INC. dba PENGUIN IMAGING.
12. Defendant MARGARET MIGNON is indebted to Plaintiff in the principal sum of $4,608.73 as is more fully set forth in the First Cause of Action. Although demand has been made for payment, neither said sum nor any part thereof has been paid, and there is still due, owing and unpaid the sum of $4,608.73.
13. Defendant breached the personal guarantee with Plaintiff by failing to pay Plaintiff the sum of $4,608.73.
14, Pursuant to the terms of the written guarantec, Plaintiff is entitled to recover reasonable costs of collection incurred in enforcing tie tcims of the nersonal suarantecs against Defendant, in the sum according to proof at the time of trial.
WHEREFORE, Plaintiff prays for judgment against Defendant(s), and each of them, as follows:
ON THE FIRST CAUSE OF ACTION
1. For the principal sum of $4,608.73; 3 145820 FIRST AMENDED COMPLAINT This is an attempt to collect a debt. Any information obtained will be used for that purpose.
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Z. Tor interest at the rate of 1.5% per month (}8% per annum) from on and after f APRIT, 23, 2005:
4 ON THE SECOND CAUSE OF ACTION
3 Kor the principal sum of $4,608.73; 4, For interest at the rate of 1.5% per month (18% per annum) from APRIL 23, 2005 ON ALL CAUSES OF ACTION
5. Kor cost of suil incurred herein; and
6. For such other and further relief'as this Court may deem just and proper.
7. PLAINTIFF REMITS ALL DAMAGES IN EXCESS OF THE JURISDICTIONAL AMOUNT OF THIS COURT.
DATED: March 3, 2008 SEALS & TENENBAUM by:
JA ~ TENENBAUM, ESQ.
tomeys for Plaintiff 4 145820 FIRST AMENDED COMPLAINT This is an attempt to collect a debt. Any information obtained will be used for that purpose.
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