STC v. Wilson, Et Al.complaint.2014.06.16

7/24/2019 STC v. Wilson, Et Al.complaint.2014.06.16

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S U M M O N S

(CITACION JUDICIAL)

NOTICE

TO

DEFENDANT:

AVISOAL DEMANDADO):

E ARNESTINE WILSON, AN INDIVIDUAL ; M ARLE NE

PADAVICK, AN INDIVIDUAL, LUIS BLANCO, AN INDIVIDIJAL;

in

DOe -S ( t ftcim i

YOU ARE BEING SUED BY PLAINTIFF: ^

LO

ESTA

DEMANDANDO e l DEMANDANTE):

SPIRITUAL TREATMENT CENTER, a California Corporation; ED

TORRES,

MARK CHITJIAN, IRMA FORWARD,*fndividual

Members

l t

SUM

F OR COUR T

U S E O N L Y

SOLO

PARA USO DELA CORTE)

JUN

1 6

Z0t4

li Y

NICOLE HYDUKOVICH DEPUTY

NOTICE You have been sued, The court may decide against you without your being heard unless you respond within30 days. Read the inform

b e l o w .

You have 30

CALENDAR DAYS

afterthis summons and legal papers are served on you tofile a written response at thiscourt and have a co

served on the plaintifF. Aletter or phone call

will

not protect you.Yourwrittenresponse must be in proper legal form ifyou wantthe court to hear

case.

There may be a court form that you ca n us e for your response. You

ca n

find these court forms

an d

more information at the California Cou

Online Self-HelpCenter {/Yjvw.couriinfo.ca.gov/selfhelp), your county lawlibrary, or the courthouse nearest you. Ifyoucannot pay the filing fee,

the court clerkfor a fee v/aiver form, ifyou do not fileyour response on time, you may lose the case bydefault, and yourwages, money, and pro

ma y

be

taken

without further

warning

from th e court.

There are other legal requirements. You may want to callan attorney rightav/ay. Ifyou do not knowan attorney, you may want to callan atto

referral sen/ice. Ifyou cannot afford an attorney, you may be eligible for free legal sen/ices from a nonprofit legal services program. You can loc

these

nonprofitgroups 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 bycontacting your localcourt or county bar association.

NOTE:

The court has a statutory lienforwaived fee

costs on any settlement orarbitration award of$10,000 or more ina civil case. The court's lien must be paid before the court will dismiss the cas

jAVISO Lo

ha n

demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin

escuchar

su version. Le a la inforwacion

c o n t i n u a c i o n .

Tiene

30DIAS DECALENDARIO despu sde queleentreguen esta

citacidn

ypapeleslegalesparapresenterunarespuesta por

escrito

en e

corte y hacer que se entregue una copia al demandante. Una carta o una liamada telefdnica no loprotegen. Su respuesta por escrito tiene que

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 respuest

Puede encontrar estos formularies de la corte y m is 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 alsecretarlo de la co


2/22

CM

ATTORNEY OR PARTYWITHOUT ATTORNEY

/Jarre, Sta le Bar

numbe',

arjd address)

Joe l

D.

Peterson, SB 193964

Law Of fi ce o f Joel

D.

Peterson

1030 Nevada

St.,

Suite 102

Rcdlands,CA 92374

TELEPHONENO

909.748.5010

faxno

909.253.0382

ATTORNEY FOR vaffa;-

Spiritual

TreatiTHit

Ctr.,

Ed

Torres,

Mark

Chitjian,

Irma F.

FORCOURTUSE

ONLY

SUPERIOR

COURT

OFCALIFORNIA, COUNTY OF SAN BERNARDINO

STREET ADDRESS

247 W.

Third Sttect

MAILING ADDRESS

ciTYANDziPcoDE Sail BciTiardino, CA 92415-0210

BRANCH N ME

Sail

Bcmardiiio Central

District

CASE

NAME:

spiritual Treatment Center

v.

Wilson,

et al.

PILE

ci

iDPRlDR COURT

OFCALIFORNIA

rOUNTYOF SAN BERNARDINO

SAN BERNARDINO DISTRICT

JUN 1 6

Z0 i4

BY

2A1./I

NICOLE

HYDUKOVICH,

DEPUT

CIVIL CASE COVER SHEET

I

'/

I Unlimited I I Limited

Amount Amount

dem anded d em and ed

is

exceeds S25,000

$25,000

or

less)

Complex

Case

Designation

I I Counter I I Joinder

Filed with first

appearance

by

defendant

Gal. Rules of Court , rule 3.402)

CASE NUMBER

JUDGE

DEPT

Items

1-6 below must be completed (see

instructions on

page

2 .

1. Check one box belov/ for th e

case

type that

Auto

Tor t

I I

Auto 22

n

Uninsured

motorist

46

Other

Pl/PD/WD (Personal Injury/Property

DamageAAfrongful Death) Tort

I I

Asbestos

04)

Product liability 24

Medical malpractice

45

I I

Other Pl/PD/WD 23

Non-Pl/PD/WD (Other) Tort

bes t desc ribes

this

case:

Con t r ac t

Breach of contract/warranty 06

Rule 3.740

collections

09

Other

coilections (09)

Insurance coverage 18

Other contract (37)

Real

Property

I I Eminentdomain/Inverse

condemnation 14

i I Wrongful

eviction

33)

Other

real

property

26

Provisionally

Complex Civil Litigation

Cal. Rules o f

Court,

rules 3.400-3.403)

Antitrust/Trade regulation 03

Construction

defect

10

I 1Mass tort 40

n

Securities

litigation

28

Environmental/Toxic tort 30

Insurance coverage claims arising from th

above listed provisionally complex

case

types 41

Enforcement of

Judgment


3/22

1

2

3

4

5

6

7

8

9

1 0

1 1

1 2

Joel D. Peterson, Esq. - SEN 193964

LAW O F FI CE O F JOEL D PETERSON

1030

Nevada

Street Stc

10 2

Redlaiids California

92374

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

Attorney for Plaintiffs Spiritual Treatment Center,

Ed Torres, Mark Chitjian, and Irma Fonvard

S N

BERN RDINO DISTRICT

U 1 6 ZOU

BY

NICOLE

HYDUKOVICH

DEPU

S UP ER IO R C OU RT O F T HE S TA TE OF CALIFORNIA

COUNTY

OF SA N

BERNARDINO

-

C ENTR AL JUDICIAL

DISTRICT

SPIRITUAL

TREATMENT

CENTER

a

California Corporation; ED TORRES,

MARK CHITJIAN and IRMA

FORWARD as

Individual

Members of

Spiritual Treatment

Center

Case No ;

C I

4 0 3 5 9

U N L IMIT E D JU R ISD IC T IO N

C O MP L A IN T FOR;


4/22

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

2 theirComplaintagainstDefendants, allege as

ollows

3

INTRODUCT ION

1. This case represents a serious breach

of

fiduciary duty, self-dealing and gross negligence

the Defendants, who are directors and officers

of

STC.

8 2. STC is a Church

of

Religious Science serving the Redlands and Inland Empire religious

9

2

13 4. According to the STC corporate bylaws, the officers of STC are chosen by STC s Board

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

3. The Chairman of t he Board and President

of

STC is Defendant Eamestine Wilson

Defendants

Padav ick and Blanco

ar e members o f

the

Board of Trustees


5/22

1 7. Wilson and Defendants have failed to follow corporate formalities puttingthe verycorpo

2 structure of

STC

at

risk

TheDefendants have failed to

keep

adequate financial records failed

3

make annual financial reports failed to follow STC s bylaws and then failed to make corporat

records available to inspection by the members in a reasonable time. In fact such files and reco

insteadof being maintained by the elected corporate secretary of

STC

are not adequately

mainta ined a t

all

8 8. There is no current record of legitimate voting church members. There is no record whe

9

2

12 illegitimate

status

The only voting church

members

currently being listed by Defendants comp

application for church membership is denied. There is no recordof when the Defendants decid

their

own

in violation of the bylaws to terminate church memberships This leaves the very

foundation of the corporate body the voting church membership at an undocumented and


6/22

1 11. The Defendants have also conspired and are continuing to conspire to dispose of church r

2 property withoutfollowing corporate formality requirements, makinganysuchattempt at such

3

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

fact and the other past failures of the Defendants to fulfill their fiduciary dutieswhile conspirin

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

9

2

PARTIES

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

13 business in the City of Redlands, SanBernardinoCounty, California, with its principal business


7/22

1

6 Defendant LUIS

BLANCO

is an ind iv idua l and at al l relevant times mentioned in th e

2 complaint a member

of

the Board

of

Trustees

of

STC. The true names

of

Defendants DOES 1

3

4

5

6

7 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

9

2

through 50, inclusive, are unknown to plaintiffat this time. Plaintiff sues those Defendants by s

fictitious names pursuant to section 474 of the Code ofCivil Procedure. Plaintiff is informed an

believes, and based on that information and beliefalleges, that each

of

the Defendants designate

JURISDICTION AND

VENUE

17. The acts alleged in this Complaint occurred and is occurringwithin San BernardinoCoun

13 thisjudicial district. The Court has jurisdiction over the subject matter

of

this Complaintandve


8/22

1 21. Specifically Defendants have breachedtheir fiduciary duties by among other actions:

2 a.

Allowing

Defendants to disregard the mandatory procedures

and

corporate

3

formalities for the governance

of

STC;

4

b. Allowing Defendant Wilson to exclusively control the financial affairs

of

STC;

5

c. Allowing Defendantsto fail to hold a properlynoticed

annual

meetingof membe

7 d. AJlowing Defendants to dispose of Church properties and corporate a ssets withou

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

9

e. Allowing Defendantsto squanderSTC resources without providing financial rep

to church membership;

f. AJlowing Defendant Wilsonto run the STC as a dictatorand aiding and abetting

13 conspiring with Defendants to attempt to seize exclusive control over STC witho


9/22

1 n. Failing to avoid conflicts of interest.

2

22 As

a

direct

and

proximate result

ofthe

breaches

of

fiduciary

duty owed

by

Defendants

to

3

STC,Defendants have beenunjustlyenrichedand STC hasbeendamaged, in a sum at least in

4

excessof 25,000, the exact amount to be proven at trial.

5

6

7

SECOND CAUSE

OF

ACTION

(Byall PlaintiffsagainstallDefendantsfor Fraud-Misrepresentation andConcealment)

23 Plaintiffs reallege

each

allegation of

paragraphs

1

through

22 inclusive of thisComplaint

10 though fully set forth herein.

11 24. DefendantsdefraudedPlaintiffsby misrepresenting the financial conditionof Plaintiff ST

2

and concealing Defendants material illicitactivities such as failure to followthe bylawsof STC

3

conspiringwithDefendantWilson to dispose of STC real propertyand assets, and failure to


10/22

1 THIRD

CAUSE

OF ACTION

2 By Defendant STC against Defendants for

laim

and Delivery)

28. Plaintiffs reallege each allegation of paragraphs 1 through 27 inclusive of this Complain

3

4 though set forth in full herein.

5 29. PlaintiffST wasand is the owner of its financial, administrative and corporate records

g

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

records

31. Plaintiffs have been denied access to STC records and it is by in formati on and b el ie f that

9

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

11 Defendants are in

wrongful

possession of these records in violation of Plaintiffs rightto possess

2

3

7

and inspection.

32. Plaintiffs have demanded the inspection

of

these records and Defendant Wilson has denie


11/22

1

9

2

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

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

3

4

5

6

7 37. Defendants claim they are properly in control

of

STC and that their Board and corporate

8 officer positions are legitimate.

38. Plaintiffstherefore request a judicial declaration regarding the respective rights, interests

duties

of

STC and whether the current Board and corporate officers are in fact legitimate and no

improperly in control of STC.

12 39. Such a declaration is necessary

and appropriate

at this timeto avoid a multiplicity of acti

properlycompiled list of the voting membersneeds to be accomplished so that these voting

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

accordingto the procedures outlinedby the duly approvedbylaws.


12/22


13/22

9

2

For immediate possession oftheproperty

and

books and records ofPlaintiffs

PRAYER

2

WHEREFORE

Plaintiffs pray for judgment to be entered in their favor and against

3

4

5

6

7 2. For costs

of

suit;

3. For disgorgement of unjustly enriched funds;

4. For imposition of a constructive trust;

5. For such other and further reliefas the Court deems just and proper.

On the Thi rd Cause

of Action:

each Defendant as fo llow:

On the

F i rs t a nd Second Causes

o f

Act ion:

1.For compensatorydamages according to proof and at least in excess

of

25 000;


14/22

1

2

3

4

5

6

7

8

9

2

3

6 For disgorgement of unjustly enriched funds;

7 For such other and further reliefas the Court deems just and proper

Dated: June 16

2 14

L A W O FF IC E O F JO EL D PETERSON

Jbffl

D Peterson

AHomey for Plaintiffs

Spiritual Treatment Center Ed Torres

Mark Chitjian and Irma Forward


15/22

1

2

VERIFIC TION

3

I ED TORRES am a Plaintiff in the above entit led 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

\

2 14

2

3

ED

TORRES


16/22

1

2

VERIFI TION

3

2

3

I M RK CHITJIAN am a Plaintiff in the above entitled action. I have read the

foregoing complaint and knowthe 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

2 14

M RK

HITJI l


17/22

1

VRRTHCATION

2 I IRMA FORWARD ama Plaintiffin the

above entitled action.

I havereadthe

3

4

5

6

7

9

foregoing

complaint

andknow the contents thereof Thesameistrueof rayown

knowledge except

asto those

matters

hichare

therein

alleged on

inforraation

and

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

I declareunderpenaltyof perjurythat theforegoing is true andcorrectand that this

8 declaration was executed at California on June

2 14

IRMA

forw r

3

4


18/22

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO

SPIRITUAL TREATMENT

CENTER ET

AL

Case

No.

CIVDS1

40

VS

CERTIFICATE

OF ASSIGNMENT

ERNESTINE

WILSON ET

AL

A

civil

action or proceeding presented for filing must be accompanied bythis certificate. Ifthe ground is the residence

of a party, name and residence shall be stated.

The undersigned declares that the above-entit led matter is filed for proceedings in the

Districtofthe Superior Court under Rule 404 of this court for the checked reason:

Collection

n

CZ]

I X I Genera l

Nature

o f

Action

Adoption

Conservator

Contract

Equity

Eminent Domain

Family Law

Guardianship

Haras smen t

LZ

Ground

Petit ioner resides within th e district.

Petitioner or conse rvatee resides within th e district.

Performance in the district is expressly provided for.

The

cause

of action arose within th e district.

The

property is located within

the

district.

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

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

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

CENTRAL


19/22

SUPERIOR COURT OF CALIFORNIA COUNTY

OF SAN BERNARDINO

S a n Bernardino District

-

Civil

2 4 7

W e s t

Third

Street

S a n B e r n a r d i n o CA 9 2 4 1 5 0 2 1 0

C A S E N O : C I V D S 1 4 0 8 5 9 7

LAW O F F I C E O F J O E L

D

P E T E R S O N

1 0 3 0

NEVADA S T R E E T

S T E 2 1

REDLANDS CA 9 2 3 7 4

N O T IC E O F

T R IA L S E TT IN G C O N F E R E N C E

an d N O T I C E O F C A S E

A SSI G N ME N T

IN R E :

S P I R I T U A L V

W I L S O N

E T A L

T H I S

C A S E HAS B E E N A S S I G N E D T O : D A V I D COHN I N D E P A R T M E N T S37J

FO R A L L

P U R P O S E S .

Not ice

i s

hereby

g iven

t h a t

th e

a b o v e e n t i t l e d

case

has

been

s e t

fo

T r i a l S e t t i n g Confe rence a t th e c o u r t l o c a t e d a t

247

WEST THIRD ST

SAN BERNARDINO

CA

9 2 4 1 5 0 2 1 0 .


20/22

civ ntsc 2 13 417


21/22

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STC v. Wilson, Et Al.complaint.2014.06.16

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Transcript of STC v. Wilson, Et Al.complaint.2014.06.16