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Maricopa County Justice Courts, State of Arizona

WEST MCDOWELL JUSTICE COURT Room 200, 620 West Jackson St., Ste. 1038, Phoenix, AZ 602-372-6300
REQUESTS FOR REASONABLE ACCOMMODATIONS
FOR PERSONS WITH DISABILITIES MUST BE MADE TO
THE COURT AT LEAST 3 JUDICIAL DAYS IN ADVANCE CASE NUMBER (!j!;2tJ / tJ - .3 J sy 7' )
OF ANY SCHEDULED HEAING.
Payday Loan Store Of AZ # 341 Carl Seel
4252 W. Bethany Home RD 1102 W. Helena Dr
Phoenix, AZ 85019 Phoenix, AZ 85023
480-529-5351
Plaintiff(s) Name I Address I Phone Defendant(s) Name I Address I Phone
The Statutory Agent I Corporate Offcer to be served is:

SMALL CLAIMS COMPLAINT I SUMMONS I ANSWER


WARNING: THERE ARE NO APPEALS IN SMALL CLAIMS CASES. You do not have the right to appeal the decision of the Hearing
Officer or the Justice of the Peace in Small claims (Division) Court. If you wish to preserve your right to appeal, you may
have your case transferred to the Civil Division of the Justice Court pursuant to ARS 22-504, if you request such a
transfer at least ten (1 0) davs prior to the dav of the scheduled hearina.
NOTICE AND SUMMONS
TO THE ABOVE-NAMED DEFENDANT(S):
You are directed to answerthis complaintwithin TWNTY
(20) DAYS by filing a written ANSWER in the court named
above. If you do not answer or defend, you run the risk of having a jUd;;nt entered against you for the amount of

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plaintiffs claim, plus court costs. A filing fee must be paid at the time your a wer is fied.

I / Clerk
PLAINTIFF'S CLAIM
This Justice Court has venue because 0 The defendant resides in this precinct, l& The debt, or cause of action, or
incident that resulted in this claim, occurred in this precinct at the following location: 2702 W. Camelback RD Phx, AZ 85017
$ 613.23 is the total amount owed me by defendant because:
DEFERRD PRESENTMENT SERVICE AGREEMENT NOT HONORED BY DEFENDANT. CHECK # 110 IN THE AMOUNT OF
$588.23 WAS DISHONORED BY ARIZONA FEDERAL CREDIT UNION. IN DEBT TO PLAINTIFF PURSUANT TO ARS
44-6852, AS PLAINTIFF IS HOLDER IN DUE COURSE.

Date: JUN 1 6 in1L

I am answering on behalf of 0 Myself


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DEFENDANT'S ANSWER A fiing fee must be paid at the time your answer is filed
r,~
Plaintiff

o Marital Community 0 Other: I do'ft owe the


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plaintiff because:
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Date: Defendant( s)

Date: By:
NOTICE OF SERVICE
I certify that I will mail a copy of this answer to the plaintiff at the above address.
~ Defendant

SC 8150-300 R:10-06-2008
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DAVID C. KENNEDY, ESQ.


LAW OFFICE OF DAVID C. KENNEDY
2 3819 E. INDIAN SCHOOL ROAD
PHOENIX, AZ 8S0 18

3
(602) 287-0340
(602) 381-1810 -FAX
davidkennedylaw(fgmail.com
4 BAR No. 003068
A TTORNEY FOR PLAINTIFF
5

6
MACOPA COUN~ mSTICE COURTS, STATE OF ARZONA
7
ARC A BILTMORE mSTICE COURT
ow Jackson Street. Phoenix, AZ 85003
8
LA W OFFICE OF JOHN W. ACER, Case No. Cf)jti rl ~ 51~ ~L
9 Plaintiff,
10 -vs- COMPLAINT
11 CAR SEEL and JAME SEEL, husband
and wife, (Breach of Contract; Unjust Enrichment; Account
12 Stated; Open Account)
Defendants.
13
COMES NOW Plaintiff LA W OFFICE OF JOHN W. ACER, by and through
14
undersigned counsel, and as its Complaint against Defendants CARL SEEL and JAME
15
SEEL, husband and wife, Plaintiff alleges the following:
16

GENERAL ALLEGATIONS
17
1. JOHN W. ACER is ap. attorney licensed to practice law in the State of Arizona since
18
1971. JOHN W. ACER is and has been the sole owner of
TH LAW OFFICE OF JOHNW. ACER
19

at all times relevant to the these proceedings.


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2. Defendant CAR SEEL and JAME SEEL, husband and wife, are residents of
21

Maricopa County.
22

23 3. At all time relevant hereto; any and all actions undertaken by Defendants CAR

24 SEEL, was undertaken on behalf of his marital community consisting of him and his wife

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1 JAME SEEL.

2 4. All the events listed herein, and all events relevant to these proceedings, occurred in

3 Maricopa County, Arizona.

4 5. Venue is proper in this Justice Court as the paries entered into a contractual agreement
5
in the jurisdiction of this Justice Cour.
6
6. On or about February 20, 2007, Plaintiff LAW OFFICE OF JOHN W. ACER was
7
retained to provide legal services on behalf of Defendant CAR SEEL (See Exhibit 1.)
8

7. The fee agreement for attorneys' services was executed by CAR SEEL on behalf of
9

his marital community consisting of him and his wife JAME SEEL
10

8. From June 23, 2006 unti as late as October 6, 2006, Plaintiff provided certain legal
11

12 servLces to Defendants, with invoices for those legal services having been regularly delivered

13 to Defendants.

14 9. During the course of the representation, Plaintiff received intermittent payments of

15 varying amounts from or on behalf of Defendants. The last payment delivered from

16 Defendants to Plaintiff
was in the amount of$I,OOO.OO on November 21, 2006.
17 10. Since that time, despite repeated demands, Defendants have declined and refused pay

18
the amount due or any par thereof.
19
11. The remaining outstanding balance due for the services provided by Plaintiff, as
20
detailed in the invoices provided to Defendants is nine thousand seven hundred eighty-eight
21

dollars and fift-eight cents ($9,788.58), with said amounts stil being due and owed to
22

Plaintiff. (See Exhibit 2.)


23

24

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BREACH OF CONTRACT
(First Cause of Action)
2
12. Plaintiff reasserts the allegations in paragraphs 1-11 as if set forth fully herein.
3
13. Plaintiff and Defendants entered into an legally enforceable fee agreement pursuant to
4

which Plaintiff agreed to provide legal representation for Defendants and Defendants agreed
5

to provide Plaintiff with payment for those services, said agreement between the paries
6

constituting a valid enforceable contract.


7

8
14. Plaintiff performed its obligations under the parties' agreement, while Defendants have

9 breached their obligations to pay for those services. Plaintiff has suffered pecuniary damage

10 as a result of Defendants' breach.

11 15. Plaintiff is entitled to judgment against Defendants in the amount of nine thousand

12 seven hundred eighty-eight dollars and fift-eight cents ($9,788.58).

13
UNJUST ENRICHMENT / QUANTUM MERUIT
14
(Second Cause of Action)
16. Plaintiff reasserts the allegations in paragraphs 1-15 as if set forth fully herein.
15

17. Defendants received legal services with a value of nine thousand seven hundred
16

eighty-eight dollars and fift-eight cents ($9,788.58) but have not paid for those legal
17

18
services.

19 18. Accordingly, Defendants have been unjustly enriched by its receipt of a valuable

20 benefit acquired to the detriment of Plaintiff.

21 19. Accordingly, Plaintiff is entitled to an award equal to the amount of the unjustly

22 acquired benefit and that benefit should be disgorged from Defendants.

23
ACCOUNT STATED
24
(Third Cause of Action)

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1 20. Plaintiff reasserts the allegations in paragraphs 1-19 as if set forth fully herein.

2 21. This matter constitutes an "account stated" as the amount presently due and owing

3 from Defendants to Plaintiff is nine thousand seven hundred eighty-eight dollars and fift-
4 eight cents ($9,788.58), said amount being a fixed amount due for which Defendants have

5
received and continue to receive regular invoices and with respect to which Defendants have
6
neither objected nor paid.
7

OPEN ACCOUNT
8 (Fourth Cause of Action)
9 22. Plaintiff reasserts the allegations in paragraphs 1-21 as if set forth fully herein.

10 23. This matter constitutes an "open account" as the amount presently due and owing

11
from Defendants to Plaintiff is nine thousand seven hundred eighty-eight dollars and fift-
eight cents ($9,788.58), said amount being a fixed amount due for which Defendants
12

received and continue to receive regular invoices and with respect to which Defendants have
13

not paid.
14

ATTORNEYS' FEES AND COSTS


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24. Plaintiff reasserts the allegations in paragraphs 1-23 as if set forth fully herein.
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25. Plaintiff has been forced to hire an attorney to enforce its rights against Defendants.
17

26. Pursuant to A.R.S. §§ 12-341 & 12-341.01, as well as pursuant to the terms of the
18

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parties' agreement, Plaintiff is entitled to an award of costs and attorneys' fees against

20 Defendants regarding the breach of contract claims presented herein, if contested, as well as

21 pursuant to the terms of the parties agreement, and in any event not less than $3,200.00 plus

22 costs.

23 PREJUDGMENT INTEREST
24 27. Plaintiff reasserts the allegations in paragraphs 1-27 as if set forth fully herein.

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28. As the mne thousand seven hundred eighty-eight dollars and fift-eight cents
2 ($9,788.58) amount due under the parties' agreement is evidenced by invoice, it is a
3 liquidated amount, with respect to which Plaintiff is entitled to prejudgment statutory at the

4 rate of ten percent (10%) per anum thereon from December 1, 2006, the date of the invoice

5
following Defendants last timely payment on their balance due.
6
WHREFORE, Plaintiff JOHN W. ACER d.b.a. THE LAW OFFICE OF JOHN W.
7

ACER seeks Judgment against Defendants CAR SEEL and JAME SEEL, husband and
8

wife as follows:
9

1. For the remaining balance due to Plaintiff under the paries' contract in
10
the amount of nine thousand seven hundred eighty-eight dollars and
11
fift-eight cents ($9,788.58), with prejudgment statutory interest
accruing from December 1, 2006 until paid;
12
2. For an award of attorneys' fees pursuant to either the paries agreement
13
and/or A.R.S. § 12-341.01, if the contract is contested, and in any event
no less than $ 3,200.00;
14
3. For an award of costs pursuant A.R.S. § 12-341;

15

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4. For any such further relief

p~e.-
that the Court deems fitting and proper.

Respectfully submitted this II day Of~lubt:r, 2009.


17 Law Offce of David C. Kennedy

By: --~~/~ 7
18

19
DAVID C. KENNDY
Attorney for Plaintif
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21

22

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1 STATE OF ARZONA )
) SS VERIFICATION
2 MACOPA COUNTY )
3 JOHN W. ACER, being first duly sworn upon his oath, deposes and says:

4 1. That he is the owner of the Plaintiff business entity in this matter and as
such is duly authorized to execute this verification;
5
2. That he is an attorney who has continually been licensed to practice law in
the State of Arizona since 1971;
6

3. That he has read the attached Complaint and knows the contents thereof;
7
4. That the matters and things therein set forth are true as to his own
8 knowledge exce as to matters therein stated to be alleged upon
information or be ie and as t hose matters, he bel':v them to be tre.
9

10

11
SUBSCRI D SWORN to before me
12 on this/¿/f a of/~ ,2009, by John W. Acer.

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NÓtary Public ......
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My Commission Exp :-g.~\~.
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ATTORNEY-CLIENT RETAINER/EE AGREEMENT


This ATTORNEY-CLIENT RETAINR/FEE AGREEMENT ("Agreement") is
c.ntered into by and betwexfl _CAR SEEL ("Clienttl) and The Law Offces of John w:
Acel' ("Attorney") on thisdt day of June ~ 2006.
I. Conditions. This Agreement wil not take effect, and Attorney wil have no
obligation to provide legal services~ unti Client returns a signed copy of this
Agreement and pays the deposit called for under paragraph 3.
2. Scope and Duties. Client hires Attorney to provide legal services in connection
with an election ballot challenge re: the Republican Primary in Arizona~s Sixth
Legislative District~ the civil Complaint for which shall be filed in Maricopa County
Superior Court. Attorney shall provide legal services reasonably required to represent
and assist Client in this matter and shall take reasonable steps to keep Client informed
of progress and to respond to Client's inquiries. Attorney's services wil not include
litigation of any kind, whether in court~ in administrative hearings 01' before
govermnent agencies or arbitration tribunals, except as specified in this paragraph.
Client shall be tiuthful with Attorney, cooperate with Attorney, keep Attorney
informed of developinents~ abide by this Agreement and keep Attorney advised of
Clients address and telephone number.
This agL;eement specifically excludes representation of
(~lt 2rtals:
Client by Attorney for appellate proceedings~ if any~
resulting from the trial court proceedings; appellate
representation wil be governed by a separate agreement
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between Client and Attorney, if necessary.

3. Deposit. Client wil deposit with Attorney $ 2,500.00 as a retainer for


Attoiney's services, in addition to depositing $ 500.00 as a retainer for outside costs to
be incurred herein. These sums wil be deposited in Attorney's trust account to be
used toward fees for legal services and related costs. Client hereby authorizes Attorney
to withdraw funds from the trust account to pay the costs and fees Client incurs. Any
unused deposit at the conclusion of Attorney's services wil be refunded. Client
expressly acknowledges that additional fees for attomey~s services may be incurred as
the initial retaIner may be insufficient to accomplish all of Client's goals.
4. Legal Fees. Client agrees to pay for legal services at the following rates:
$400.00 per hour for attorney services, $150.00 per hour for law clerk services and
$75.00 per hour for paralegal servIces. Any outside attorneys~ to be hired in the
discretion of Attorney~ shall be biled between $150-$300/hour based on that outside
the case. After one
attorney~s going rate. Fees are not contingent upon the outcome of

year~ hourly rates may be modified, based upon changes in AItorneis then-prevailing
rates. Charges are determined in units of tenths of an hour. If some services are
charged at a lesser rate, this shall not constitute a precedent or waiver of future fees.

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Attorney has the right to report Client to credit reporting agencies for non-payment of
legal fees, costs and expenses.
5. Costs and Expenses. In addition to paying legal fees, Client shall reimburse
Attorney for all costs incurred by Attorney in representing Client, including but not
limited to tiling fees, long distance telephone or FAX, messenger fees, in-office
photocopying at twenty cents pel' page, consultants' fees and other similar items. Client
autholIzes Attorney to incur reasonable costs and to hire co-counsel and/or other
consultants reasonably necessary in Attorneis judgment. Attorney shall obtain Client's
consent before retaining consultants if costs are expected to exceed $300.00.
Attorney is authorized to discuss Client's case with any of Client's other advisors when
appropriate, including but not limited to persons such as Client's other legal counsel,
accountants and/or insurance agents, etc.
6. Statements. Attorney shall send Client periodic statements for fees and costs-
incurred. Statements may include amounts for replenishment of the retainer, to cover
ongoing servIces and costs. Client agrees to pay Attorney's statements within 15 days
after the date of each statement. Client may request a statement at intervals of no less
than 30 days. Upon Client's request, Attorney wil provide a statement within 10 days.
Account balances that are unpaid 30 days after the billng date are subject to a service
charge of one and one-half (1 Y: %) percent per month.
7. Discharge and WithdrawaL. Client may discharge Attorney at any time.
Attorney may withdraw with Client's consent or for good cause. Good cause includes
Client's breach of this Agreement, Client1s refusal to cooperate with Attorney or to
fo11O\:\ Attorney's advice on a material matter, or any other fact or circumstance that
would render Attorney's continuing representation unlawful or unethicaL.
8. Conclusion of Services. When Attorney's services conclude, all unpaid charges
shall become immediately due and payable. After Attorney's services conclude,
Attorney wil, upon Client's request, deliver Client's documents to Client, along with
any of Client's property in Attorney's possession. Attorney has the right to report
Client's non-payment of legal fees, costs and-expenses incurred to any credit reporting
agency. Client expressly agrees to take possession of and assume the responsibility for
maintaining his or her case fie, within one year after the matter is concluded 01' within
one year after the termination of the attorney client relationship, whichever occurs
first. By doing so, Client relieves Attorney of the responsibility of maintaining
Client's case file for six years after the conclusion of the matter.
9. Disclaimer of Guarantee. Attorney makes no promises 01' guarantees about the
outcome ofClients case or the result of the representation. Attorneis comments are
expressions of professional opinion only.
10. Future Services. If Client engages Attorney's services for other legal matters,
the terms of this Agreement shall apply, without the necessity of an additional

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Agreement~ except that hourly rates shall be modified to Attorneis then-prevailng


rates.
i 1. Effective Date. This Agreement wil take effect when Client has performed the
conditions stated in paragraph i ~ but its effective date wil be retroactive to the date
Attorney first provided services for Client. The date at the beginning of this
Agreement is for reference only. Even if this Agreement does not take effect, Client
wil be obligated to pay Attorney the reasonable value of any services Attorney has
performed for Client.
12. Marital Status. If Client is married~ Client is acting.in this capacity on behalf of
both Clienfs behalf and that of his/her spouse. Client should understand that Attorney
wil not generally keep secrets from a Client's spouse, absent a specific request from
Client to do so, and that such a specific request cannot be honored if Attorney is
specifically representing Clieiifs spouse as an additonal Client.
13. Retention of Files: Attorney may dispose ofClients case fie, without notice to
Client, after the passage of six (6) years.

D be bound by he above stated terms of this agreement:

RL SEEL
Telephone: (480) 818-9293

Date: J¿ d01Á5Cl ~ kf ( (l-tfti/


ces 0 John W Acer
5125 rth i 6th Street~ Suite A~203
Phoenix, AZ 85016-3927
Phone: (602) 248-0964
Fax: (602) 230-8560

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