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SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
ind
DOe-S
JUN 1 6 Z0t4
t ftcim'i l/t
liY
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
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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
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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
0859'
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)
1. I /
I as an individual defendant.
2. I
3, I
I other (specify):
SUMMONS
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (/Jarre, Stale Bar numbe', arjd address)
TELEPHONENO 909.748.5010
faxno
PILED
ci iDPRlDR COURT OFCALIFORNIA
909.253.0382
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
2A1./I
BY
CASE NAME:
I '/ I Unlimited
(Amount
CASE NUMBER
I Limited
(Amount
I Counter
I Joinder
JUDGE
demanded is
Auto Tort
Contract
I I Auto (22)
I Asbestos (04)
Real Property
I Eminent domain/Inverse
condemnation (14)
Defemation (13)
Fraud (16)
I Residential (32)
Judicial Review
Cn RICO (27)
n other complaint (not specified above) (42)
Drugs (38)
Employment
is not
Enforcement of Judgment
Unlawful Detainer
Commercial (31)
complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
b. I
e. I
f. I
c. I
c. I
Ipunitive
5. This case I
I is
I / I is not
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."
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
BY
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Case No.;
C I.
4.0 3 59
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UNLIMITED JURISDICTION
COMPLAINT FOR;
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Plaintiffs,
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2.
vs.
FRAUD - MISREPRESENTATION-
CONCEALMENT;
3. CLAIM AND DELIVERY;
4. DECLARATORY RELIEF;
5.
INJUNCTION, APPOINTMENT OF
A RECEIVER, AND ACCOUNTING.
Defendants.
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Religious Science of Redlands, California ("STC"), a California Religious and Educational Non
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Profit Corporation; ED TORRES, an individual and church member of STC now, and at all relevant
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times mentioned in the complaint, a member of STC; MARK CHITJIAN, an individual and church
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member of STC now, and at all relevant times mentioned in the complaint, a member of STC;
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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
INTRODUCTION
1.
This case represents a serious breach of fiduciary duty, self-dealing and gross negligence by
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.
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3.
The Chairman of the Board and President of STC is Defendant Eamestine Wilson.
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4.
According to the STC corporate bylaws, the officers of STC are chosen by STC's Board and
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all members of the Board of Trustees are elected by the church membership. There are formal
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election and election meeting requirements for the election of the individual members of the Board
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5.
Despite this established structure and corporate bylaws requirements, Defendant Wilson has
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attempted to seize control of the STC for her own use and personal gain.
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6.
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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
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following corporate formalities and procedure and without the participation or authorization of STC
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church membership. Wilson has a history of running the STC as her own personal fiefdom. She
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dictates the affairs of STC with the assistance of their small band of co-conspirator officers and
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directors. Any dissent voiced by a church member of STC is silenced by the church member's
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termination of church membership - again without following proper corporate formalities and in
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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
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their own, in violation of the bylaws, to terminate church memberships. This leaves the very
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illegitimate status. The only voting church members currently being listed by Defendants comprise
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of a group that is being improperly compiled by Defendants in order to maintain a majority in case
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there is a vote for new leadership. As such, no current list of legitimate voting members exists.
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9.
Further, what membership or financial records do exist are kept only in the custody and
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control of Wilson and are not made reasonably available to church members as required by the
bylaws.
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10.
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general church membership so that they can ensure that what members are allegedly eligible to vote
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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
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their STC officer positions. Followinga brief inquiry into past church membership voting practices
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by the Defendants, what has been uncovered is disturbing: a cabal composed of a small group of
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alleged Trustees of STC who have conspired and aided and abetted Defendant Wilson's dictatorial
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control over STC for their own power and personal gain-both financially and for self-
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aggrandizement.
3
VERIFIED COMPLAINT
11.
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
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improperly hold their corporate board and officer positions, this lawsuit followed.
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PARTIES
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12.
Plaintiff Spiritual Treatment Center, Inc. is a California Non Profit Corporation doing
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business in the City of Redlands, San Bernardino County, California, with its principal business
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13.
Plaintiff ED TORRES is an individual and church member of STC now, and at all relevant
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times mentioned in the complaint, a member of STC. Plaintiff MARK CHITJIAN is an individual
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and church member of STC now, and at all relevant times mentioned in the complaint, a member of
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STC. Plaintiff IRMA FORWARD is an individual and church member of STC now, and at all
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the complaint a member of the Board of Trustees of STC (the "Board"). Ms. Wilson is also an
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officer of the corporation holding the title of President and as well as serving as Chairman of the
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Board.
15.
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
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17.
The acts alleged in this Complaint occurred and is occurring within San Bernardino County,
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this judicial district. The Court has jurisdiction over the subject matter of this Complaint and venue
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CAUSES OF ACTION
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(By all Plaintiffs Against all Defendants and Does 1 through 20, inclusive,
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18.
Plaintiffs reallege each contained in paragraphs 1 through 17, inclusive of this Complain, as
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19.
Defendants as Trustees and Fiduciaries of STC owed STC the highest fiduciary duties to
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avoid conflicts of interest, a duty of loyalty, honesty, to conform in all respects to the STC Bylaws
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2 6
20.
Defendants have breached their fiduciary duties owed to STC by engaging in the acts and
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VERIFIED COMPLAINT
21.
Specifically, Defendants have breached their fiduciary duties by, among other actions:
d. AJlowing Defendants to dispose of Church properties and corporate assets without the
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to church membership;
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f. AJlowing Defendant Wilson to run the STC as a dictator and aiding and abetting and
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conspiring with Defendants to attempt to seize exclusive control over STC without
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approval from the church membership and without proper elections for Defendants'
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i.
^^
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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
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2
3
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
23.
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24.
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and concealing Defendants' material illicit activities such as failure to follow the bylaws of STC,
13
conspiring with Defendant Wilson to dispose of STC real property and assets, and failure to
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At all times Plaintiffs were ignorant of the true material facts intentionally misrepresented by
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26.
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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
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27.
As a direct and proximate result of Defendants' fraudulent conduct. Plaintiff STC has
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///
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///
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///
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///
VERIFED COMPLAINT
28.
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
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Defendants are in wrongful possession of these records in violation of Plaintiffs right to possession
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and inspection.
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32.
Plaintiffs have demanded the inspection of these records and Defendant Wilson has denied
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33.
Plaintiff STC has lost the use of these records, which are vital to conducting its business
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activities.
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34.
Plaintiff STC has sustained damages as a direct and proximate result of Defendant's refusal to
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35.
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36.
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concerning their respective rights, interests, and duties with respect to the control and governance of
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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
37.
Defendants claim they are properly in control of STC and that their Board and corporate
38.
Plaintiffs therefore request a judicial declaration regarding the respective rights, interests and
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duties of STC and whether the current Board and corporate officers are in fact legitimate and not
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39.
Such a declaration is necessary and appropriate at this timeto avoid a multiplicity of actions
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and to enable the parties to conduct themselves appropriately in the future with respect to the
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relationship between the parties and to properly conduct the business and management of the STC
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corporation.
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40.
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41.
SinceDefendants are in control of the books and records of Defendants and possess exclusive
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knowledge of the financial transactions of the Plaintiff STC, Plaintiff STC is entitled to a full
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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
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
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e. expending any funds except to pay employees and vendors except for with the
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44.
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fiduciary duty and therefore will be permanently and irreparably sustain continued injury in the
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Plaintiff STC has sustained direct and proximate injury as a result of Defendants' breaches of
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VERIFIED COMPLAINT
PRAYER
2
3
WHEREFORE, Plaintiffs pray for judgment to be entered in their favor and against
each Defendant as follow:
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5. For such other and further relief as the Court deems just and proper.
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1. For immediate possession of the property and books and records of Plaintiffs
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3. For such other and further relief as the Court deems just and proper.
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1. For a declaration of the rights and obligations between Plaintiffs and Defendants as set
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3. For such other and further relief as the Court deems just and proper.
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1. For an accounting;
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VERIFIED COMPLAINT
7. For such other and further relief as the Court deems just and proper.
Jbffl D. Peterson
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VERIFIED COMPLAINT
VERIFICATION
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
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ED TORRES
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2
3
VERIFICATION
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
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MARK CHITJIAl
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VRRTHCATION
2
3
foregoing complaint and know the contents thereof Thesameis trueof ray own
knowledge, except as to those matters "Which aretherein alleged oninforraation and
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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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, 2014.
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
Conservator
CZ]
Contract
Equity
Eminent Domain
Family Law
Guardianship
CZ 14
Prohibition
15
Review
16
CZ 17
Transferred Action
I 18
Unlawful Detainer
I 19
Domestic Violence
Harassment
Mandate
Name Change
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11
12
13
Probate
Personal Injury
Personal Property
FIDUCIARY DUTY
The action arose & all Parties perform within the district
CZ 20
Other
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.
Church Street
ADDRESS
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
San Bernardino D i s t r i c t
247 West Third Street
San Bernardino,
CA.
Civil
924150210
CASE
LAW OFFICE
OF
JOEL
NO:
CIVDS1408597
PETERSON
201
REDLANDS
CA
92374
NOTICE OF
and NOTICE
IN RE:
THIS
SPIRITUAL V
CASE HAS
FOR ALL
WILSON
OF CASE ASSIGNMENT
ETAL
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.
DATE:
06/16/14
Christina M. Volkers,
CERTIFICATE OF
SERVICE
l i s t e d notice:
collection of
NICOLE
CA
HYDUKOVICH
civ-ntsc-20130417
*
- Name * SPIRITUAL V WILSON ETAL
* UNLIMITED CIVIL FILING FEE SB1
*
*
*
*
*
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* Sn Brnd Civil
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