SUM-100

SUMMONS

FOR COURT USE ONLY

(SOLO PARA USO DE LA CORTE)

(CITACION JUDICIAL)
NOTICE TO DEFENDANT:

(AVISO AL DEMANDADO):

EARNESTINE WILSON, AN INDIVIDUAL; MARLENE

PADAVICK, AN INDIVIDUAL, LUIS BLANCO, AN INDIVIDIJAL;

YOU ARE BEING SUED BY PLAINTIFF:

ind

DOe-S

JUN 1 6 Z0t4

t ftcim'i l/t

(LO ESTA DEMANDANDO el DEMANDANTE):

liY

SPIRITUAL TREATMENT CENTER, a California Corporation; ED

NICOLE HYDUKOVICH. DEPUTY

TORRES, MARK CHITJIAN, IRMA FORWARD,*fndividual Members

NOTICE! You have been sued, The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.

You have 30 CALENDAR DAYS afterthis summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintifF. A letter or phone call will not protect you. Your writtenresponse must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts

Online Self-Help Center {/Yjvw.couriinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. Ifyou cannot pay the filing fee, ask
the court clerk for a fee v/aiverform, if you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right av/ay. Ifyou do not know an attorney, you may want to call an attorney
referral sen/ice. If you cannot afford an attorney, you may be eligible for free legal sen/ices from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site {v/ww.lav/helpcalifornia.org), the California Courts Online Self-Help Center
(wAV.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la inforwacion a
continuacion.

Tiene 30DIAS DECALENDARIO despu^s de que le entreguen esta citacidn ypapeleslegalesparapresenteruna respuesta porescrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una liamada telefdnica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posibie que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularies de la corte y mis informacion en el Centre deAyuda de las Cortes de California fwww.sucorte.ca.govj, en la
biblioteca de leyes de su condado o en la corte que le quede mds cerca. Si no puede pagar la cuota de presentacion, pida al secretarlo de la corte
que le de un formulario de exencion de pago de cuotas. Si no presenta su respuesta a tiempo. puede perder el caso por incumplimiento y la corte ie
podra quitarsu sueldo, dinero y bienes sin m^s advertencia.

Hay otros requisites legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remision a abogados. Si no puede pagar a un abogado. es posibie que cumpla con ios requisitos para obtener servicios legales gratuitos de un
programs de sen/icios legales sin fines de lucre. Puede enconfrsr estos grupos sin fines de lucre en el sitio web de California Legal Services,
(wwv/.lawhelpcalifornia.orgj, en el Centra de Ayuda de las Cortes de California, fwww.sucorte.ca.govj o ponindose en contacto con ia corte o el
colegio de abogados locales. AVISO:Por ley, la corte tiene derecho a reclamar las cuotas y ios costos exentos por imponer un gravamen sobre
cualquierrecuperacion de $10,000 6 mis de valor recibida mediante un acuerdo o una concesidn de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is:

CASE NUMBER

(El nombrey direccion dela corte es): San Bernardino Central District

(Numero del

SAN BERNARDINO SUPERIOR COURT

0859'

247 W, Third Street, San Bernardino 92415-0210

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is;
(El nombre, la direccion y el numero de telefono del abogado del demandante, o del demandante que no tiene abogado, es):

Joel D. Peterson, Attorney at Law, 1030 Nevada Street, Suite #102, Redlands, CA 92374 tel. (909)748-5010
Clerk, by
jNlicole Hydukovich
(Secretarlo)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatldn use el formulaiio Proof of Service of Summons, (POS-010)).
DATE:

(Fecha)

JUN 1 6 20W

, Deputy
(Adjunto)

NOTICE TO THE PERSON SERVED: You are served

SEAL

1. I /

I as an individual defendant.

2. I

i as the person sued under the fictitious name of fspec/fyl;

3, I

I on behalf of fspec/AL Big Bear Community Health District, a CA public district

under: IZZI CCP 416.10 (corporation)

I CCP 416.40 (association or partnership) |

I other (specify):

I CCP 416.20 (defunct corporation)

CCP 416.60 (minor)

CCP 416.70 (conservatee)
CCP 416.90 (authorized person)

4. I / I by personal delivery on ('dafeL

Page1 of 1
Form Adopted for Mandatory Use
Judidal Council of Caiifornia

SUM-100 [Rev July 1,2009]

SUMMONS

Code of Civil Procedure 412 20, 465

www courtinfo.ca gov

CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (/Jarre, Stale Bar numbe', arjd address)

FOR COURT USE ONLY

"Joel D. Peterson, SB# 193964

Law Office of Joel D. Peterson

1030 Nevada St., Suite #102

Rcdlands,CA 92374

TELEPHONENO 909.748.5010

faxno

PILED
ci iDPRlDR COURT OFCALIFORNIA

rOUNTYOF SAN BERNARDINO

909.253.0382

SAN BERNARDINO DISTRICT

ATTORNEY FOR (vaffa;- Spiritual TreatiTHit Ctr., Ed Torres, Mark Chitjian, Irma F.
SUPERIOR COURT OFCALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS 247 W. Third Sttect

JUN 1 6 Z0'i4

MAILING ADDRESS

ciTYANDziPcoDE Sail BciTiardino, CA 92415-0210

BRANCH NAME. Sail Bcmardiiio Central District

2A1./I

BY

NICOLE HYDUKOVICH, DEPUTY

CASE NAME:

spiritual Treatment Center v. Wilson, et al.

CIVIL CASE COVER SHEET

I '/ I Unlimited

(Amount

CASE NUMBER

Complex Case Designation

I Limited

(Amount

I Counter

I Joinder
JUDGE

Filed with first appearance by defendant

DEPT
exceeds S25,000)
$25,000 or less)
(Gal. Rules of Court, rule 3.402)
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box belov/ for the case type that best describes this case:
demanded

demanded is

Auto Tort

Contract

I I Auto (22)

Uninsured motorist (46)

Other Pl/PD/WD (Personal Injury/Property

DamageAAfrongful Death) Tort

I Asbestos (04)

Medical malpractice (45)

I Other Pl/PD/WD (23)

Product liability (24)

Non-Pl/PD/WD (Other) Tort

Business tort/unfair business practice (07)

Civil rights (08)

Breach of contract/warranty (06)

Rule 3.740 collections (09)
Other coilections (09)

Insurance coverage (18)

Other contract (37)

Real Property

Environmental/Toxic tort (30)

I Eminent domain/Inverse
condemnation (14)

Insurance coverage claims arising from the

I Wrongful eviction (33)

Other real property (26)

Defemation (13)
Fraud (16)

I Residential (32)

Intellectual property (19)

Professional negligence (25)

Judicial Review

Enforcement of judgment (20)

Miscellaneous Civil Complaint

Cn RICO (27)
n other complaint (not specified above) (42)

Drugs (38)

Miscellaneous Civil Petition

Employment

LJ Wrongful termination (36)

I I Other employment (15)

I Writ ofmandate (02)

I Other judicial review (39)

is not

above listed provisionally complex case

types (41)

Enforcement of Judgment

Unlawful Detainer

Commercial (31)

2. This case n" is

Antitrust/Trade regulation (03)

Construction defect (10)

I 1 Mass tort (40)
n Securities litigation (28)

Other non-Pl/PD/WD tort (35)

Provisionally Complex Civil Litigation

(Cal. Rules of Court, rules 3.400-3.403)

Asset forfeiture (05)

I I Partnership and corporate governance (21)
Petition re: arbitration award (11) 1 I other petition fnof specified above) (43)

complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the

factors requiring exceptional judicial management:

a.n Large number of separately represented parties

d.n Large number of witnesses

b. I

e. I

ICoordination with related actions pending in one or more courts

f. I

ISubstantial postjudgment judicial supervision

I Extensive motion practice raising difficult or novel

issues that will be time-consuming to resolve

c. I

I Substantial amount of documentary evidence

3. Remedies sought(check all that apply): a.I / I monetary

in other counties, states, or countries, or in a federal court

b.l / I nonmonetary; declaratory or injunctive relief

c. I

Ipunitive

4. Number of causes of action (specify): 5

5. This case I

I is

I / I is not

a class action suit.

6. If there are anyknovm related cases, file and serve a notice ofrelated case. (YyfL\may us^orrfi CM-015.)
Date: 06/16/2014

Joel D. Peterson

^
(SiGNA UREO."

(TYPE OR PRINT NAME)

OR ATI

PARTY) .

NOTICE

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.

File this cover sheet in addition to any cover sheet required by local court rule.

Ifthis case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.

Pagel of 2

Fofm Adopted for Mandatory Use

Judicial Council of California

CM.010[Rev Julyl, 2007]

CIVIL CASE COVER SHEET

Cal Rules of Court, rules 2 30, 3 220, 3 400-3 403. 3 740,

Cal Standards of Judicial Administration, std 3 10

www courtin/o ca gov

SAN BERNARDINO DISTRICT

JUN 1 6 ZOU
1

Joel D. Peterson, Esq. - SEN 193964

LAW OFFICE OF JOEL D. PETERSON

BY

1030 Nevada Street. Stc, 102

NICOLE HYDUKOVICH. DEPUTY

Redlaiids, California 92374

3

Telephone (909) 748-5010 - Facsimile (909) 253-0382

Attorney for Plaintiffs Spiritual Treatment Center,

Ed Torres, Mark Chitjian, and Irma Fonvard

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO - CENTRAL JUDICIAL DISTRICT

10

11

SPIRITUAL TREATMENT CENTER, a

Case No.;

C I.

4.0 3 59

California Corporation; ED TORRES,

12

13

MARK CHITJIAN, and IRMA

FORWARD, as Individual Members of

UNLIMITED JURISDICTION

Spiritual Treatment Center

COMPLAINT FOR;

14

1. BREACH OF FIDUCIARY DUTY;

Plaintiffs,
15

16

17

18

19

2.

vs.

EARNESTINE WILSON, an individual;

MARLENE PADAVICK, an individual;
LUIS BLANCO, an individual; and DOES I
through 50; inclusive

FRAUD - MISREPRESENTATION-

CONCEALMENT;
3. CLAIM AND DELIVERY;
4. DECLARATORY RELIEF;
5.

PRELIMINARY AND PERMANENT

INJUNCTION, APPOINTMENT OF
A RECEIVER, AND ACCOUNTING.

Defendants.

20

21

22

Comes now, Plaintiffs SPIRITUAL TREATMENT CENTER, formerly known as Church of

23

Religious Science of Redlands, California ("STC"), a California Religious and Educational Non

24

Profit Corporation; ED TORRES, an individual and church member of STC now, and at all relevant

25

times mentioned in the complaint, a member of STC; MARK CHITJIAN, an individual and church
26

member of STC now, and at all relevant times mentioned in the complaint, a member of STC;
27

28

IRMA FORWARD, an individual and church member of STC now, and at all relevant times

VERIFIED COMPLAINT

mentioned in the complaint, a member of STC (Collectively referred to as "PLAINTIFFS"), and for

their Complaintagainst Defendants, allege as follows;

INTRODUCTION

1.

This case represents a serious breach of fiduciary duty, self-dealing and gross negligence by

the Defendants, who are directors and officers of STC.

2.

STC is a Church of Religious Science serving the Redlands and Inland Empire religious

community. STC is organized in California as a religious and educational non profit corporation.

10

3.

The Chairman of the Board and President of STC is Defendant Eamestine Wilson.

11

Defendants Padavick and Blanco are members of the Board of Trustees.

12

13

4.

According to the STC corporate bylaws, the officers of STC are chosen by STC's Board and

14

all members of the Board of Trustees are elected by the church membership. There are formal

15

election and election meeting requirements for the election of the individual members of the Board

16

as outlined in STC's bylaws.

17

5.

Despite this established structure and corporate bylaws requirements, Defendant Wilson has

18

19

attempted to seize control of the STC for her own use and personal gain.

20

6.

21

STC, makes decisions on general church membership and generally administers STC without

In direct violation of the By-Laws of the STC, Defendant Wilson appoints the directors of

22

following corporate formalities and procedure and without the participation or authorization of STC
23

church membership. Wilson has a history of running the STC as her own personal fiefdom. She
24

25

dictates the affairs of STC with the assistance of their small band of co-conspirator officers and

26

directors. Any dissent voiced by a church member of STC is silenced by the church member's

27

termination of church membership - again without following proper corporate formalities and in

28

violation of the STC's bylaws.

2

VERIFIED COMPLAINT

7.

structure of STC at risk. TheDefendants have failed to keep adequate financial records, failed to

Wilson and Defendants have failed to follow corporate formalities, puttingthe very corporate

make annual financial reports, failed to follow STC's bylaws, and then, failed to make corporate
records available to inspection by the members in a reasonable time. In fact, such files and records,

instead of being maintained by the elected corporate secretary of STC, are not adequately
maintained at all.

8.

There is no current record of legitimate, voting church members. There is no record when an

application for church membership is denied. There is no record of when the Defendants decide on

10

their own, in violation of the bylaws, to terminate church memberships. This leaves the very
11

foundation of the corporatebody, the voting church membership, at an undocumented and

12

12

illegitimate status. The only voting church members currently being listed by Defendants comprise

14

of a group that is being improperly compiled by Defendants in order to maintain a majority in case

15

there is a vote for new leadership. As such, no current list of legitimate voting members exists.

16

9.

Further, what membership or financial records do exist are kept only in the custody and

17

control of Wilson and are not made reasonably available to church members as required by the
bylaws.

20

10.

21

general church membership so that they can ensure that what members are allegedly eligible to vote

22

Wilson and the Defendants have also conspired to improperly control the decisions regarding

are members who support them, thus ensuring their ongoing fraudulent control of the Board and

23

their STC officer positions. Followinga brief inquiry into past church membership voting practices
24

25

by the Defendants, what has been uncovered is disturbing: a cabal composed of a small group of

26

alleged Trustees of STC who have conspired and aided and abetted Defendant Wilson's dictatorial

27

control over STC for their own power and personal gain-both financially and for self-

28

aggrandizement.
3
VERIFIED COMPLAINT

11.

property withoutfollowing corporate formality requirements, makingany such attempt at such

The Defendants have also conspired and are continuing to conspire to dispose of church real

disposition null and void. In fact, in 2005 Defendant Wilson and others disposed of STC real
property without a proper vote from the church membership and/or without following the
requirements of the bylaws, thus making such disposition null and void. Upon the discovery of this

fact and the other past failures of the Defendants to fulfill their fiduciary duties while conspiring to
8

improperly hold their corporate board and officer positions, this lawsuit followed.

10

PARTIES
11

12.

Plaintiff Spiritual Treatment Center, Inc. is a California Non Profit Corporation doing

12

13

business in the City of Redlands, San Bernardino County, California, with its principal business

14

address located 602 N. Church Street, Redlands, CA 92374.

15

13.

Plaintiff ED TORRES is an individual and church member of STC now, and at all relevant

16

times mentioned in the complaint, a member of STC. Plaintiff MARK CHITJIAN is an individual
17

and church member of STC now, and at all relevant times mentioned in the complaint, a member of
18

19

STC. Plaintiff IRMA FORWARD is an individual and church member of STC now, and at all

20

relevant times mentioned in the complaint, a member of STC.

14.

22

Defendant EARNESTINE WILSON is an individual and at all relevant times mentioned in

the complaint a member of the Board of Trustees of STC (the "Board"). Ms. Wilson is also an

23

officer of the corporation holding the title of President and as well as serving as Chairman of the
24

25

26

Board.

15.

Defendant MARLENE PADAVICK is an individual and at all relevant times mentioned in

the complaint a member of the Board of Trustees of STC.

28

VERIFIED COMPLAINT

16.

complaint a member of the Board of Trustees of STC. The true names of Defendants DOES 1

Defendant LUIS BLANCO is an individual and at all relevant times mentioned in the

through 50, inclusive, are unknown to plaintiff at this time. Plaintiff sues those Defendants by such

fictitious names pursuant to section 474 of the Code of Civil Procedure. Plaintiff is informed and
5

believes, and based on that information and belief alleges, that each of the Defendants designated as

a DOE is legally responsible for the events and happenings referred to in this complaint, and
unlawfully caused the injuries and damages to plaintiffs alleged in this complaint

10

JURISDICTION AND VENUE

11

17.

The acts alleged in this Complaint occurred and is occurring within San Bernardino County,

12

13

this judicial district. The Court has jurisdiction over the subject matter of this Complaint and venue

14

is proper within the Central District of this Court.

15

16

CAUSES OF ACTION
17

FIRST CAUSE OF ACTION

18

(By all Plaintiffs Against all Defendants and Does 1 through 20, inclusive,
19

for Breach of Fiduciary Duty)

20

18.

Plaintiffs reallege each contained in paragraphs 1 through 17, inclusive of this Complain, as

21

though fully set forth herein.

22

19.

Defendants as Trustees and Fiduciaries of STC owed STC the highest fiduciary duties to

23

24

avoid conflicts of interest, a duty of loyalty, honesty, to conform in all respects to the STC Bylaws

25

and to act in the highest and best interests of STC.

2 6

20.

Defendants have breached their fiduciary duties owed to STC by engaging in the acts and

27

omissions alleged in this Complaint.

28

VERIFIED COMPLAINT

21.

Specifically, Defendants have breached their fiduciary duties by, among other actions:

a. Allowing Defendants to disregard the mandatory procedures and corporate

formalities for the governance of STC;

b. Allowing Defendant Wilson to exclusively control the financial affairs of STC;

5

c. Allowing Defendants to fail to hold a properly noticed annual meeting of members;

7

d. AJlowing Defendants to dispose of Church properties and corporate assets without the

8
9

authorization of the vote of the church members according to the bylaws;

e. Allowing Defendants to squander STC resources without providing financial reports

10

to church membership;
11

f. AJlowing Defendant Wilson to run the STC as a dictator and aiding and abetting and
13

conspiring with Defendants to attempt to seize exclusive control over STC without

14

approval from the church membership and without proper elections for Defendants'

15

alleged corporate positions and titles that they claim to hold;

16

g. AJlowing Wilson to seize control of STC through improper maintenance of the

17

alleged list of church voting members;

19

h. Allowing Wilson to remove files and records from STC facilities;

20

i.

^^
22

Aiding Wilson to seize control of STC Board of Directors without STC

authorization and anointing herself the President ofSTC;

j.

Failure to follow the established bylaws of STC;

23

k. Failure to control and manage the finances of STC;

24

25
26

1. Breaching their duty ofhonesty and loyalty and exhibiting a conflict ofinterest in
putting their own personal gain ahead of STC interests;

m. Based on information and belief, allowing each of the Defendants to financially gain
28

from their illicit activities; and

6
VERIFIED COMPLAINT

2
3

n. Failing to avoid conflicts of interest.

22.

As a direct and proximate result of the breaches of fiduciary duty owed by Defendants to

STC, Defendants have been unjustly enriched and STC has been damaged, in a sum at least in

excess of $25,000, the exact amount to be proven at trial.

5

SECOND CAUSE OF ACTION:

(By all Plaintiffs against all Defendantsfor Fraud-Misrepresentation and Concealment)

23.

Plaintiffs reallege each allegation of paragraphs 1 through 22 inclusive of this Complaint as

10

though fully set forth herein.

11

24.

12

and concealing Defendants' material illicit activities such as failure to follow the bylaws of STC,

Defendants defrauded Plaintiffs by misrepresenting the financial condition of Plaintiff STC

13

conspiring with Defendant Wilson to dispose of STC real property and assets, and failure to
14

disclosethe conspiracy to illicitly maintain a fraudulent church voting membership list.

25.

At all times Plaintiffs were ignorant of the true material facts intentionally misrepresented by

17

Defendants and had no knowledge of Defendants' concealment.

18

26.

19

At all relevant times. Defendants knew that their representations were false when made and

intended Plaintiffs to rely on these misrepresentations to their detriment. Plaintiffs at all relevant

20

times relied upon the representations of Defendants.

21

22

27.

As a direct and proximate result of Defendants' fraudulent conduct. Plaintiff STC has

23

sustained damages in an amount to be proven at trial.

24

///

25

///
26

///
27

28

///

VERIFED COMPLAINT

THIRD CAUSE OF ACTION

(By Defendant STC against Defendants for Claim and Delivery)

28.

Plaintiffs reallege each allegation of paragraphs 1 through 27 inclusive of this Complaint as

though set forth in full herein.

29.

Plaintiff STC was and is the owner of its financial, administrative and corporate records.

30.

According to information and belief, Defendant Wilson has custody and control of these STC

records.

31.

Plaintiffs have been denied access to STC records and it is by information and belief that
'

iQ

Defendants have removed Plaintiffs records from STC facilities. Defendant Wilson and/or the other

11

Defendants are in wrongful possession of these records in violation of Plaintiffs right to possession

12

and inspection.

13

32.

Plaintiffs have demanded the inspection of these records and Defendant Wilson has denied

14

access to Plaintiffs to inspect the records.

15

33.

Plaintiff STC has lost the use of these records, which are vital to conducting its business

17

activities.

18

34.

Plaintiff STC has sustained damages as a direct and proximate result of Defendant's refusal to

19

return its records, the exact amount of damage to be proven at trial.

20

21

FOURTH CAUSE OF ACTION

22

(By all Plaintiffs against all Defendants for Declaratory Relief)

23

35.

Plaintiffs reallege each allegation of paragraphs 1 through 34 inclusive of this Complaint as

24

25

though set forth in full herein.

26

36.

27

concerning their respective rights, interests, and duties with respect to the control and governance of

28

An actual controversy has arisen and now exists between Plaintiffs and Defendants

STC. Plaintiffs assert that STC members of the Board and STC Officers must be elected by the
8
VERIFIED COMPLAINT

proper procedure as outlined in its duly approved bylaws. Plaintiffs allege that this was not

accomplished and that Defendants improperly hold their officer and Board positions and that a

properly compiled list of the voting members needs to be accomplished so that these voting

members can elect proper Board members and such Board members will then elect the officers
5

according to the procedures outlined by the duly approved bylaws.

37.

Defendants claim they are properly in control of STC and that their Board and corporate

officer positions are legitimate.

38.

Plaintiffs therefore request a judicial declaration regarding the respective rights, interests and

10

duties of STC and whether the current Board and corporate officers are in fact legitimate and not
11

improperly in control of STC.

12

12

39.

Such a declaration is necessary and appropriate at this timeto avoid a multiplicity of actions

14

and to enable the parties to conduct themselves appropriately in the future with respect to the

15

relationship between the parties and to properly conduct the business and management of the STC

16

corporation.
17

18

FIFTH CAUSE OF ACTION

19

(By all Plaintiffs against all Defendants for an Accounting,

20

Preliminary and Permanent Injunction and Appointment of a Receiver)

21

40.

Plaintiffs reallege each allegation of paragraphs 1through 39 inclusive of this Complaint as

22

II though set forth in full herein.

24

41.

SinceDefendants are in control of the books and records of Defendants and possess exclusive

25

knowledge of the financial transactions of the Plaintiff STC, Plaintiff STC is entitled to a full

26

accounting from Defendants.

27

28

VERIFIED COMPLAINT

42.

for, manage and preserve the assets and property of STC as the assets and property are in dangerof

Plaintiffs are entitled to the appointment of a Receiver to take control and possession of, care

being lost, removed or materially destroyed by Defendants.

43.

Plaintiffs are entitled to preliminary and permanent injunctive relief to protect their interests

and to prevent irreparable harm to Plaintiffs. Such relief should include, among other things, orders

restraining Defendants, their agents, employees, servants and persons acting in concert with them

from engaging in the following actions:

a. withdrawing, transferring or otherwise disposing of any funds in any financial

10

accounts, or in the name of the financial accounts of STC;

11

b. disposing of any assets or interests of STC;

12

c. preventingPlaintiffs from access to STC facilities;

14

d. preventing Plaintiffs from access to STC books and records

15

e. expending any funds except to pay employees and vendors except for with the

16

signature of the receiver;

17

f. destroying or removing any documents of STC; and

18

g. transferring any title or encumbering any STC property and/or assets.

19

20

44.

21

fiduciary duty and therefore will be permanently and irreparably sustain continued injury in the

22

Plaintiff STC has sustained direct and proximate injury as a result of Defendants' breaches of

event this relief is not granted by the Court.

23

[remainder of page intentionally left blank]

24

25

26

27

28

10

VERIFIED COMPLAINT

PRAYER

2
3

WHEREFORE, Plaintiffs pray for judgment to be entered in their favor and against
each Defendant as follow:

On the First and Second Causes of Action:

5

1. For compensatorydamages according to proof and at least in excess of $25,000;

2. For costs of suit;

3. For disgorgement of unjustly enriched funds;

9

4. For imposition of a constructive trust;

10

5. For such other and further relief as the Court deems just and proper.
11

On the Third Cause of Action:

12

23

1. For immediate possession of the property and books and records of Plaintiffs

14

2. For costs of suit

15

3. For such other and further relief as the Court deems just and proper.

16

On the Fourth Cause of Action:

17

1. For a declaration of the rights and obligations between Plaintiffs and Defendants as set
18

19

forth in this Complaint;

20

2. For costs of suit;

21

3. For such other and further relief as the Court deems just and proper.

22

On the Fifth Cause of Action:

23

1. For an accounting;
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25

26

2. For the appointment of a Receiver;

3. For costs of suit;

4. For injunctive relief as pleaded herein;

28

5. For imposition of a constructive trust;

11

VERIFIED COMPLAINT

6. For disgorgement of unjustly enriched funds;

7. For such other and further relief as the Court deems just and proper.

Dated: June 16, 2014

LAW OFFICE OF JOEL D. PETERSON

Jbffl D. Peterson

AHomey for Plaintiffs

Spiritual Treatment Center, Ed Torres,
Mark Chitjian, and Irma Forward

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13

14

15

16

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20

21

22

23

24

25

26

27

28

12

VERIFIED COMPLAINT

VERIFICATION

I, ED TORRES, am a Plaintiff in the above-entitled action. I have read the

foregoing complaint and know the contents thereof. The same is true of my own
knowledge, except as to those matters which are therein alleged on information and
belief, and as to those matters, I believe it to be true.

I declare under penalty of peijury that the foregoing is true and correct and that this

declaration was executed at

California on June \ (p , 2014.

10

11

12

13

ED TORRES
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21

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VERIFIED COMPLAINT - Plaintiff Verification

2
3

VERIFICATION

I, MARK CHITJIAN, am a Plaintiff in the above-entitled action. I have read the

foregoing complaint and know the contents thereof. The same is true of my own
knowledge, except as to those matters which are therein alleged on information and
belief, and as to those matters, I believe it to be true.

I declare under penalty of peijury that the foregoing is true and correct and that this

^ declaration was executed at

^ ^California on June 1(o ,2014.

10

11

12

13

MARK CHITJIAl
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21

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VERIFIED COMPLAINT - Plaintiff Verification

VRRTHCATION

2
3

I, IRMA FORWARD, am a Plaintiffin the above-entitled action. I havereadthe

foregoing complaint and know the contents thereof Thesameis trueof ray own
knowledge, except as to those matters "Which aretherein alleged oninforraation and

5
6

belief, and as to those matters, I believe it to he true.

I declareunder penaltyof perjurythat the foregoing is true and correct and that this
declaration was executed at

, California on June

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IRMA forward
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16

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VERIFIED COMPLAINT - PlaintiffVerification

, 2014.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO

SPIRITUAL TREATMENT CENTER,

CIVDS1 408597

ET AL

Case No.

VS.

CERTIFICATE OF ASSIGNMENT
ERNESTINE WILSON,

ET AL

A civil action or proceeding presented for filing must be accompanied by this certificate. Ifthe ground is the residence
of a party, name and residence shall be stated.

The undersigned declares that the above-entitled matter is filed for proceedings in the
District of the Superior Court under Rule 404 of this court for the checked reason:
I X I General
LZ Collection

CENTRAL

Nature of Action

Ground

Adoption

Petitioner resides within the district.

Conservator

Petitioner or conservatee resides within the district.

CZ]

Contract

Performance in the district is expressly provided for.

Equity

The cause of action arose within the district.

Eminent Domain

The property is located within the district.

Family Law

Plaintiff, defendant, petitioner or respondent resides within the district.

Petitioner or ward resides within the district or has property within the district.

Guardianship

CZ 14

Prohibition

15

Review

16

Title to Real Property

Plaintiff, defendant, petitioner or respondent resides within the district.

The defendant functions wholly within the district.
The petitioner resides within the district.
The injury occurred within the district.
The property is located within the district.
Decedent resided or resides within the district or had property within the district.
The defendant functions wholly within the district.
The defendant functions wholly within the district.
The property is located within the district.

CZ 17

Transferred Action

The lower court is located within the district.

I 18

Unlawful Detainer

I 19

Domestic Violence

The property is located within the district.

The petitioner, defendant, plaintiff or respondent resides within the district.

Harassment
Mandate

Name Change

10
11
12

13

Probate

Personal Injury
Personal Property

FIDUCIARY DUTY

The action arose & all Parties perform within the district

CZ 20

Other

THIS FILING WOULD NORMALLY FALL WITHIN JURISDICTION OF SUPERIOR COURT.

I 21

The address of the accident, performance, party, detention, place of business, or other factor which qualifies this case
for filing in the above-designated district is:
602 N.

SPIRITUAL TREATMENT CENTER,

Church Street
ADDRESS

(NAME- INDICATE TITLEOR OTHER QUALIFYING FACTOR)

92374

CA

REDLANDS

(ZIPCODQ

(STATE)

(CITY)

Ideclare, under penalty of perjury, that the foregoing is true and correct and that this declaration was executed on
JUNE 16,

2014

REDLANDS

, California

Signature of Attorney.
13-16503-360 Rev. 10/94

SB-16503

SUPERIOR COURT OF CALIFORNIA,

San Bernardino D i s t r i c t
247 West Third Street

San Bernardino,

CA.

COUNTY OF SAN BERNARDINO

Civil

924150210

CASE

LAW OFFICE

OF

JOEL

NO:

CIVDS1408597

PETERSON

1030 NEVADA STREET

STE

201

REDLANDS

CA

92374
NOTICE OF

TRIAL SETTING CONFERENCE

and NOTICE
IN RE:

THIS

SPIRITUAL V

CASE HAS

FOR ALL

WILSON

OF CASE ASSIGNMENT

ETAL

BEEN ASSIGNED TO:

DAVID

COHN

IN DEPARTMENT S37J

PURPOSES.

Notice is hereby given that the above-entitled case has been set for
Trial Setting Conference at the court located at 247 WEST THIRD STREET
SAN BERNARDINO,

CA

92415-0210.

HEARING DATE: 12/09/14 at

DATE:

06/16/14

8:30 in Dept. S37J

Christina M. Volkers,

Clerk of the Court

By: NICOLE HYDUKOVICH

CERTIFICATE OF

SERVICE

I am a Deputy Clerk of the Superior Court for the County of San

Bernardino at the above listed address. I am not a party to this
action and on the date and place shown below, I served a copy of the
above

l i s t e d notice:

( ) Enclosed in a sealed envelope mailed to the interested party

addressed above, for collection and mailing this date, following
standard Court practices.
{ ) Enclosed in a sealed envelope, first class postage prepaid in the
U.S. mail at the location shown above, mailed to the interested party
and/^addressed as shown above, or as shown on the attached listing.
A copy of this notice was given to the filing party at the counter
( ) A copy of this notice was placed in the bin located at this office
and identified as the location for the above law firm's

collection of

file stamped documents.

Date of Mailing: 06/16/14

I declare under penalty of perjury that the foregoing is true and
correct. Executed on 06/16/14 at San Bernardino,
BY:

NICOLE

CA
HYDUKOVICH

civ-ntsc-20130417

*
- Name * SPIRITUAL V WILSON ETAL
* UNLIMITED CIVIL FILING FEE SB1

*
*
*

Receipt # 201406162601 Gper: NHYDIJ *

6/16/14 Case #
DS1408597
*
Case Type .: CIVIL
*
Payment Type: CHECK
*
Received:
$435.00
*
Fee :
$435.00
*
Change:
$0.00
*

*
*
*
*
*
*
*

^ ^ 2^ ^ #1% ^ ^ ^

^^

^^

* Sn Brnd Civil

^^

* Superior Court of Calif, County of

^^^ ^^^^