CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF NEW YORK

---------------------------------x
Index No.016960-2016
Manchanda Law Office PLLC,
Plaintiff,

SUMMONS

-against-

Sunshine Communications, Peter

Gross, Patricia Matilla, Raul
Gonzalez, Andy Gross,

Plaintiffs Business Address:

30 Wall Street, 8th Floor
New York, NY 10005

The basis of venue is

Defendants.
Plaintiffs place of business
----------------------------------x
To the Above-named Defendant:
YOU ARE HEREBY SUMMONED to appear in the Civil Court of the
City of New York, County of New York at the office of the said
court at 111 Centre Street, New York, New York, 10013, in the
County of New York, within the time provided by the law as noted
below and to file your answer to the annexed complaint with the
Clerk; upon your failure to answer, judgment will be taken against
you together with the costs of this action.
Dated: New York, New York
September 21, 2016
_____________________
Sunshine Communications
159 Madeira Avenue
Coral Cables, FL 33134

________________________
Manchanda Law Offices PLLC
By: Rahul Manchanda, Esq.
30 Wall Street, 8th Floor
New York, New York 10005
Tel: (212) 968-8600
Fax: (212) 968-8601

NOTE: The law provides that (a) if this summons is served by its
delivery to you personally within the City of New York, you must
appear and answer within TWENTY (20) days after such service; or
(b) if this summons is served by delivery to any person other
than you personally, or is served outside the City of New York, or
by publication, or by any means other than personal delivery to you
within the City of New York, you are allowed THIRTY (30) days after
proof of service thereof is filed with the Clerk of the Court
within which to appear and answer.

CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF NEW YORK
---------------------------------x
Index No.016960-2016
Manchanda Law Office PLLC,
Plaintiff,

COMPLAINT

-against-

Sunshine Communications, Peter

Gross, Patricia Matilla, Raul
Gonzalez, Andy Gross,
Defendants.
----------------------------------x
Plaintiff,

Manchanda

Law

Office

PLLC,

for

its

complaint

against the above named defendants being sued in their official and
individual capacities, alleges as follows:

1.

Plaintiff, at all times relevant hereto, was and is a law firm

located at 30 Wall Street, 8th Floor, New York, NY 10005, who
provides legal services. Defendants, doing business at 159
Madeira Avenue, Coral Gables Florida 33134, is the 1(800) 24
hour answering service for the better part of the past 1 year.

2.

Plaintiff signed up for a flat fee of $39.95 per month for

24/7, 365 days per year after hour answering services wherein
Defendants were contracted to take names, numbers, email
addresses and messages and then email and/or text them to
Plaintiff, as well as assign him a 1(800) number, in this
case, (855) 207-7660, with a written script provided by

Plaintiff announced to callers;

3.

Almost immediately thereafter, Defendants purposefully began

to botch this - by refusing to follow the script, failing to
accurately transcribe or transmit to Plaintiff proper name,
telephone number, email, or message information;

4.

In addition defendants would routinely tell callers that

Plaintiff was not available, or not in the office, or
could not take their phonecalls, or other such comments and
phrases tending to drive customers away from his business;

5.

Furthermore, when Plaintiff politely complained to defendants

about

this

conduct,

as

he

possessed

written

and

spoken

evidence from potential callers complaining bitterly about

this type of behavior, defendant Peter Gross initially and
profusely

apologized

for

this

type

of

behavior,

telling

Plaintiff that he would fire the person who did that, but
then this type of conduct would persist and continue;

6.

As then apparent acts of retaliation, plaintiffs invoices

grew from $39.95 per month to well over $300 per month,
because defendant operators were then surreptitiously directed
by CEO Peter Gross to answer the phonecalls after letting
callers ring at least 3-4 times, then place them on hold

listening to an annoying elevator music type ensemble, not

putting an operator on the phone on average for more than 5
minutes after they were connected, and/or placing callers on
hold for 5 minutes or more, charging plaintiff per minute,
thus artificially inflating plaintiffs billing invoices from
$39.95 to well over $300 per month in false and engineered
billing schemes;

7.

Because plaintiff had already invested tens of thousands of

dollars in online and print advertising, marketing, news press
releases, and other mechanisms to attract business using the
assigned 1800 number assigned by defendants, plaintiff was
forced to pay these overly and artificially inflated monthly
billing invoices because he simply was forced and extorted
into doing so, as termination of defendants services would
have been catastrophic to his business calls and leads;

8.

The

bad

acts

described

above

continued

by

defendants,

including botched phonecalls/messages/failures to connect and

as plaintiff politely advised defendants about these problems,
Peter Gross began to further retaliate and plaintiffs bills
grew even more than before;

9.

At this time, a few months ago beginning in July 2016, then,

defendants email addresses and fax numbers now were programmed

to refuse plaintiffs communications about both the service as

well as his ability to make payments on his monthly bills plaintiff would routinely receive messages immortalizing that
plaintiffs emails were being bounced back and could not be
received by defendants - when plaintiff advised that he was
having trouble paying these invoices because of lack of
communication, defendants merely grunted their knowledge of
this but did nothing to change it (see attached exhibits);

10.

Furthermore,

Plaintiff

began

to

receive

threatening and

harassing messages from CEO Peter Gross and his assistant

Patricia Matilla, declaring falsely that plaintiff was not
paying his monthly billing invoices, when in fact plaintiff
was trying to pay but his communications were not being
received (on purpose by defendants);

11.

Currently the Coral Cables City Attorney, Florida Attorney

General, and the Miami Florida FBI are upon information and
belief investigating defendants for this type of conduct and
behavior, as plaintiff has been in touch with these agencies
regarding this type of criminal conduct and behavior by
defendants, whom they have apparently done this to countless
other customers before;

12.

Yesterday,

September

20,

2015,

Patricia

Matilla

called

plaintiff on his cellphone, and plaintiff made a credit card

payment on the phone of $300, and then CEO Peter Gross called
plaintiff up shortly thereafter, and told plaintiff that they
were going to immediately stop answering his phonecalls,
shut

him

down,

and

turn

off

his

answering

services

forthwith, abruptly, and with no transition or grace period when plaintiff voiced his objections, Peter Gross then told
Plaintiff to go and fuck yourself, and that you can do
whatever the fuck you want, whereupon Peter Gross hung up the
phone after taking plaintiffs $300;

13.

Plaintiffs phone has been shut off ever since, and each and
every minute and hour that goes by, plaintiff is losing
prospective callers, business leads, messages from clients,
judges, contractors, and myriad other important phonecalls,
thus driving plaintiff and his business into the dirt;

14.

Plaintiff herein demands justice, damages, and legal and

equitable remedies immediately;

WHEREFORE, Plaintiff requests a judgment, jointly and severally,

against all Defendants as follows:

a.

On the first cause of action, Conversion, a judgment declaring

that

Defendant

unlawfully

converted

Plaintiffs

vested

property funds right out of his own bank account in actual and
punitive damages in the amount of $25,000;

b.

On the second cause of action, Breach of Contract, a judgment

declaring that Defendants breached his contract with Plaintiff
in actual and punitive damages of $25,000;

c.

On the Third cause of action, Tortious Interference with

Contract, a judgment declaring that due to Defendants actions
Plaintiff has been unable to secure additional contracts with
clients who can only pay with credit cards in actual and
punitive damages of $25,000;

d.

On the Fourth cause of action, Breach of Fiduciary Duty, a

judgment declaring that Defendants caused injury to Plaintiff
in actual and punitve damages of $25,000;

e.

On the Fifth cause of action, Breach of the Duty of Loyalty,

a judgment declaring that due to Defendants disloyal actions
Plaintiff has been irreparably damaged in actual and punitive
damages of $25,000;

f.

On the Sixth cause of action, Unfair Trade Practices, a

judgment declaring that due to Defendants actions Plaintiff
has been irreparably damaged in actual and punitive damages of

$25,000;

g.

On the Seventh cause of action, False Advertising, a judgment

declaring that due to Defendants actions Plaintiff has been
irreparably damaged in actual and punitive damages of $25,000;

h.

On the Eighth cause of action, Fraudulent Inducement to

Contract, a judgment declaring that due to Defendants actions
Plaintiff has been irreparably damaged in actual and punitive
damages of $25,000;

i.

On the Ninth cause of action, Unlawful Trespass, a judgment

declaring

that

due

to

Defendants

actions

in

plundering

Plaintiffs bank account unauthorized he has been irreparably

damaged in actual and punitive damages of $25,000;

j.

On the Tenth cause of action, State Civil RICO, a judgment

declaring that due to Defendants actions Plaintiff has been
irreparably damaged in actual and punitive damages of $25,000;

k.

On the Eleventh cause of action, Unjust Enrichment, a judgment

declaring that due to Defendants actions Plaintiff has been
irreparably damaged in actual and punitive damages of $25,000;

l.

On the Twelfth cause of action, Intentional Infliction of

Emotional

Distress,

judgment

declaring

that

due

to

Defendants actions Plaintiff has been irreparably damaged in

actual and punitive damages of $25,000;

m.

On the Thirteenth cause of action, Negligent Infliction of

Emotional

Distress,

judgment

declaring

that

due

to

Defendants actions Plaintiff has been irreparably damaged in

actual and punitive damages of $25,000; and

n.

Such other and further relief as the Court deems just and
proper,

including

applicable

interest

and

the

costs

disbursements of this action.

Dated:

New York, NY
September 21, 2016
________________________
Manchanda Law Office PLLC
By: Rahul Manchanda, Esq.
30 Wall Street, 8th Floor
New York, NY 10005
Tel: (212) 968-8600
Fax: (212) 968-8601

and