Q ORIGINAL

1 Timothy Carl Aires, Esq. (138169) AIRES LAW FIRM 2 180 Newport Center Drive, Suite 260 Newport Beach, California 92660 3 (949)718-2020 (949) 718-2021 FAX 4 Attorneys for Plaintiff, 5 BANKERS STANDARD INSURANCE COMPANY 6 7 8 9 10 11 BANKERS STANDARD INSURANCE COMPANY, 12 Plaintiff, 13 14 ULTIMATE ONLINE INSTALLATIONS 15 INC.; and DOES 1 through 50, inclusive, 16 17 18 19 20 21 22 23 24 25 26 27 28 1. PRELIMINARY ALLEGATIONS Defendants.

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SUPERIORCOURTOFjCALIFORNIA COUNTY OF RIVERSIDE SID

DEC 0 5 2011

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SUPERIOR COURT (UNLIMITED) OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE, RIVERSIDE COURTHOUSE

RIC 1119311 Case No.

COMPLAINT FOR BREACH OF CONTRACT ($27,506.00 DEMANDED) [C.C.P. 425.10]

Plaintiff Bankers Standard Insurance Company, by and through its undersigned attorneys, hereby alleges against Defendants, and each of them, as follows:

Plaintiff Bankers Standard Insurance Company is now, and at all times relevant hereto

was, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania.
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1 2 3 4 5 6 7 8 9

2.

Plaintiff is informed and believes and based thereon alleges that Defendant Ultimate

Online Installations Inc. is now, andfct all times relevant hereto was, a corporation organized under the laws of the State of California and doing business in the County of Riverside, State of California and within this judicial district..

3.

Plaintiff is ignorant of the true names and capacities of the Defendants sued herein

as Does 1 through 50, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will amend this Complaint to allege the true names and capacities of said Defendants when the same is ascertained. Plaintiff is informed and believes and based thereon alleges that each of

10 these fictitiously-named Defendants is jointly responsible in some manner for the transactions and 11 /or occurrences herein alleged, and that the Plaintiffs injuries as alleged were proximately caused 12 by such Defendants. 13 14 4. Plaintiff is informed and believes and based thereon alleges that at all times herein

15 mentioned each of the Defendants was the agent of each of the remaining Defendants, and in doing 16 the things hereinafter alleged, was acting in the course and scope of such agency with the permission 17 and consent of its co-Defendants, 18 19 5. Plaintiff is informed and believes and based thereon alleges that, at all times relevant

20 hereto, a unity of interest has existed between Defendants such that any separateness between the 21 Defendants has ceased and that it would sanction a fraud or promote an injustice if the separateness 22 23 24 25 of the Defendants were recognized. Plaintiff is informed and believes and based thereon alleges that, at all times relevant hereto, that the entity Defendants have been used by the individual Defendants as subterfuges for illegal, fraudulent and/or otherwise wrongful transactions. Plaintiff is informed and believes and based thereon alleges that Defendants are successors in interest to a party liable to

26 Plaintiff. As a result, whether Defendants are the alter egos of one another or successors in interest, 27 28 Defendants are responsible for the debts, obligations and duties of one another. Plaintiff is informed and believes and based thereon alleges that the damage claim of Plaintiff is separate and distinct

COMPLAINT

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1 2 3 4 5 6 7 8 9 10 11 12 13 7. FIRST CAUSE OF ACTION 6. wrongful conduct.

from any damage claim of the entirety of the class of the entity Defendants' creditors in that Plaintiff was the specific and particularized target of Defendants' illegal, fraudulent and/or otherwise

This action is not subject to Civil Code 1812.10 or Civil Code 2984.4. The proper

county for the trial of this action is the County of Riverside in that the Defendants, and each of them, contracted to perform the obligation sued upon and/or have their principal place of business in the County of Riverside and within this judicial district.

(Breach of Contract Against All Defendants)

Plaintiff hereby incorporates by reference paragraphs 1 through 6, inclusive, of this

14 Complaint as if set forth in full in this paragraph. 15 16 8. On or about December 29,2008, Plaintiff upon the request ofDefendants for Workers

17 Compensation and Employers Liability Insurance coverage, provided Defendants with an Insurance 18 Policy No. C45720573 for the period of 12/29/2008 through 12/29/2009, in writing, which was 19 subject to an audit and recomputation of its premium (the "Policy"). Plaintiff is authorized under 20 the Policy to examine and audit all records that relate to the Policy during the policy period. The 21 Policy provides that the final premium will be determined by using the actual premium basis and the 22 proper classifications and rates as determined by an audit. The Policy further obligated Defendants 23 24 25 26 27 28 PART FIVE - PREMIUM [fl B. Classifications ffl] Item 4 of the information page shows the rate and premium basis for certain business or work classifications. These classifications were assigned to pay the difference between the estimated and actual premiums after the audit and final premium determined by Plaintiff. In this regard, the Policy, in part, provides:

COMPLAINT

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 based on an estimate of the exposures you would have during the policy period. If your actual exposures are not properly described by those classifications, we will assign proper classifications, rates and premium basis by endorsement to this policy. fl[] C. Remuneration [<[[] Premium for each work classification is determined by multiplying a rate times a premium basis period. Remuneration is the most common premium basis. This premium basis includes payroll and all other remuneration paid or payable during the policy period for the services of: [%\ 1. All your officer and employees engaged in work covered by this policy; andffl]2. All other persons engaged in work that would make us liable under Part One (Workers Compensation Insurance) of this policy period. If you do not have payroll records for these persons, the contract price for their services and materials may be used as the premium basis. This paragraph 2 will not apply ifyou give us proof that the employers of these persons lawfully secured their workers compensation obligation.fl[]E. Final Premium. The premium shown on the Information Page, schedules and endorsements is an estimate. The final premium will be determined after this policy ends by using the actual, and not the estimated, premium basis and the proper classifications and rates that lawfully apply to the business and work covered by this policy. Ifthe final premium is more than the premium you paid us, you must pay us the balance. If it is less, we will refund the balance to you. The final premium will not be less than the highest minimum premium for the classifications covered by this policy.... [f] F. Records. You will keep records of information needed to compute premium. You will provide us with copies of those records when we ask for them. Pf] G. Audit. You will let us examine and audit all your records that relate

COMPLAINT

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1 2 3 4 5 6 7 8 9 10 9. An audit was subsequently performed on the effective policy period for the Policy. to this policy. These records include ledgers, journals, registers, vouchers, contracts, tax rep6rts, payroll and disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular business hours during the policy period and within three years after the policy period ends. Information

developed by audit will be used to determine final premium. Insurance rate service organizations have the same rights we have under this provision.

11 The audit found the premium basis estimate provided by the Defendants to be inaccurate and found 12 the actual audited total premium plus tax for the effective policy period for the Policy to be short. 13 14 10. Plaintiff has performed all conditions, covenants and promises required of it on its

15 part in accordance with the terms and conditions of the Policy, except those which are excused by 16 Defendants' breach. 17 18 11. Subsequent to the audit, Defendants refused to make any further payments toward the

19 policy premium as audited for the Policy. Thus, within the past four years, Defendants have 20 21 22 23 12. As a direct and proximate result of Defendants' breach of the Policy, Plaintiff has breached the terms of the Policy by failing and refusing to satisfy the amount outstanding on the Policy of $27,506.00, which became fixed or readily ascertainable on March 8,2011.

24 been damaged in the amount of $27,506.00, together with prejudgment interest of $7.53 per day from 25 March 8,2011 using the legal rate of 10% per annum.

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COMPLAINT

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WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

1.

For the sum of $27,506.00, together with prejudgment interest of $7.53 per day from

5 March 8, 2011 using the legal rate of 10% per annum; 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

For costs of suit, including attorney's fees, if available; and

3.

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

DATED: December 3, 2011

AIRES LAW FIRM

nrmthy Carl Aires, Esq. Attorne>rjor Plaintiff, BANKERS"5TANDARD INSURANCE COMPANY

COMPLAINT

t "Timothy Carl Aires, Esq.

_ATTORNEV OR PARTY WITHOUT ATTORNEY (Name,

ir number, and address):

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CM-010

(138169)

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FOR COURT USE ONLY

Timothy Carl Aires, Esq. (138169) AIRES LAW FIRM 180 Newport Center Drive, S u i t e 260 Newport Beach, CA 92660 TELEPHONE NO.: 949/718-2020 FAXNO.: 9'49/718-2021
ATTORNEY FOR fflamgl: P L A I N T I F F SUPERIOR COURT OF CALIFORNIA, COUNTY OF R I V E R S I D E STREET ADDRESS: 4 0 5 0 M A I N S T R E E T MAILING ADDRESS: 4 0 5 0 M A I N S T R E E T CITY AND ZIP CODE: RIVERS I D E , CA 9 2 5 0 1

BRANCH NAME: RIVERSIDE COURTHOUSE

CASE NAME: BANKERS STANDARD INSURANCE COMPANY v . ULTIMATE ONLINE INSTALLATIONS I N C . ; a n d DOES 1 t h r o
CIVIL CASE COVER SHEET l~Xl Unlimited Limited {Amount (Amount demanded demanded is exceeds $25,000) $25.000 or less) Complex Case Designation I I Counter I 1 Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402)

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JUDGE: DEPT:

BUMBER:

Items 1-6 below must be completed (see instructiom on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) I Auto (22) | _ _ | Breach of contract/warranty (06) I Uninsured motorist (46) I Antitrust/Trade regulation (03) P H Rule 3.740 collections (09) Other PI/PD/WD (Personal Injury/Property I I Construction defect (10) l~X'l Other collections (09) Damage/Wrongful Death) Tort I I Mass tort (40) P~~l Insurance coverage (18) I"" I Asbestos (04) I Securities litigation (28) I ! Other contract (37) I I Product liability (24) Real Property I | Environmental/Toxic tort (30) I | Medical malpractice (45) | Insurance coverage claims arising from the f l Eminent domain/Inverse condemnation (14) above listed provisionally complex case | I Other PI/PD/WD (23) types (41) I | Wrongful eviction (33) Non-PI/PD/WD (Other) Tort I I I I I | | I Businesstort/unfairbusiness practice (07) I I Civil rights (08) | Defamation (13) " I Fraud (16) I Intellectual property (19) | Professional negligence (25) ] Other non-PI/PD/WD tort (35) | I I I I Other real property (26) Enforcement of Judgment I I Enforcement of judgment (20) Miscellaneous Civil Complaint 1 1 RICO (27) 1 1 Other complaint (not specified above) (42) Miscellaneous Civil Petition I Partnership and corporate governance (21) I I Other petition (not specified above) (43) Unlawful Detainer I Commercial (31) I ~ l Residential (32) Drugs (38) Judicial Review Asset forfeiture (05) | Petition re: arbitration award (11) I Writ of mandate (02) I Other judicialreview(39)

Employment \__\ Wrongful termination (36) Other employment (15)

2. This case I I is L X j is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. I I Large number of separately represented parties d. I I Large number of witnesses b. 1 I Extensive motion practice raising difficult or novel e. [ 1 Coordination with related actions pending in one or more courts ~ issues that will betime-consumingto resolve in other counties, states, or countries, or in a federal court c. i I Substantial amount of documentary evidence f. 1 I Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. 1 " ~ monetary b. I 1 nonmonetary; declaratory or injunctive relief c. 1 I punitive ~X 1 4. Number of causes of action (specify): ONE 5. This case I I is I X I is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-Q1j\ Date: 1 2 / 3 / 2 0 1 1

Timothy C a r l A i r e s , E s q .
(TYPE OR PRINT NAME)

(138169)

(SIGNATURE OF PARTY OR A T T O R N E Y ^ C R 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. If this 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.
Form Adopted for Mandatory U n Judicial Council of California CM-010 [Rev. July 1,2007] Put* 1 of 2 CIVIL C A S E C O V E R S H E E T Leeal c<* Rui* of court, rules 2 30, 3 220,3.400-3.403.3.740; Cal Slantia,tii w _ w w i . w w w I _ I A u i - * . S o m S a r i S " <* J u 6 i c i a l Administration, * f . 3.10

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE 4050 Main Street Riverside, CA 92501 www.riverside.courts.ca.gov NOTICE OF ASSIGNMENT TO DEPARTMENT FOR CASE MANAGEMENT PURPOSES AND CASE MANAGEMENT CONFERENCE {CRC 3.722) BANKERS STANDARD INSURANCE COMPANY VS ULTIMATE ONL CASE NO. RIC 1119311

This case is assigned to the Honorable Judge Ronald L Taylor in Department 06 for case management purposes. The Case Management Conference is scheduled for 06/05/12 at 8:30 in Department 06. Case is Assigned to Department 02 for Law and Motion Purposes

The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6(2) shall be filed in accordance with that section. CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the foregoing notice on this date, by depositing said copy as stated above. Dated: 12/07/11 Court Executive Officer/Clerk By:

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