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. 1-,b CO~~F LOS ANGELES

~('I APR20Z01G

. ' •RICK BLAKE, State Bar No.81452

1 LAW OFFICES OF RICK A. BLAKE2 2107 North Broadway, Suite 106

Santa Ana, California 927063 Tel: (714) 667-7171

Fax: (714) 667-04774

5 Attorneys for Plaintiff, Cirgadyne Incorporated,Dba Liquor License Specialist

John A. u e Officer/Clark

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

BC436121

Cirgadyne Incorporated, dba Liquor License12 Specialists

Russell Bloom, an individual dba CA Liquor16 License Specialists and Nationwide Liquor17 License Specialists and ABC License

Specialists and Does 1-10

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15vs.

Plaintiff,

COMPLAINT FOR DAMAGES

CAUSES OF ACTION

1. UNFAIR COMPETITION ANDTRADE NAME INFRINGEMENT

2. FALSE AND MISLEADINGADVERTISEMENT

3. UNFAIR BUSINESS PRACTICES4. SLANDER

......Defendants.

Plaintiff complains and alleges as follows:

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ni4· GENERAL A"GtEt1,ftib.'NS ~ <:> ~ )!:f'jR XI .. c.'l ..r.::. C? (.o.J rlY I£h,&:,,t '.. -. ........ n 0-.. on 'li~.. :z O!"-..1:X:_ ~

,li5 I.Plaintiff Cirgadyne Incorporated, is and at tim~mentioneckbereffi w<§1 !fCalifornia Corpotltibn .,." >:'/'1 oor- v-~ ..!f ;. -I ~., c.." fT1 t'~:x: ~~ ~

26 doing business in the State of California since 19§,6 under the 1'ictitio~ ijll~ess name of Li'~::;0 "'0 ::tt: /'"."- n .. OJ::t!::

27 License Specialists and at all times mentioned heiin has been, en@~d in the business of iii",r o::i: ~

1

COMPLAINT

, " • •1 consultation, brokerage and facilitation services in connection with the sale and purchase of liquor

2 licenses.

3 2. Plaintiff has filed a fictitious business name statement for the trade name Liquor License

4 Specialist since January 30,1995, with the Los Angeles County Clerk's Office and has maintained

5 such filing with the County from such date to the present time.

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73. Defendant Russell Bloom, is an individual not associated with Plaintiff doing business as

individual, dba as CA Liquor License Specialist and Nationwide Liquor License Specialist, with89 his principal place ofbusiness located at 20929 Ventura Blvd. Suite # 47-112 Woodland Hills,

10 California 91364, Los Angeles County. Defendant is engaged in the business of consultation,

11 brokerage and facilitation services in connection with the sale and purchase of liquor licenses.

12 4. Plaintiff is informed and believes and based thereon alleges that defendant has not filed a

13fictitious statement for his business.

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155. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as Does 1

through 10, inclusive, and therefore, sues these Defendants by such fictitious names. Plaintiff will16

17 amend this complaint to allege their true names and capacities when ascertained.

'18 6. At all times herein mentioned each of the Defendants was the agent and employee of each of the

19 remaining Defendants and in doing the things herein alleged, was acting within the scope of such

20 agency. Plaintiff is informed and believes, and on that basis alleges, that each of the Defendants

21designated as a Doe herein, was responsible in some legal manner unknown to Plaintiff for the

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23events, happenings, and acts herein referred to, and that said events, happenings, and acts were the

14 proximate cause of the injuries and damages to Plaintiff, as herein alleged.

IL~:$ 7. Plaintiff, who has been in continuous operation and has been engaged in the business of

II:26 consultation, brokerage and facilitation services in connection with the sale and purchase ofliquor

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282

COMPLAINT

, .' • •licenses since 1986, is widely recognized as one of the premier firms handling these matters in the

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2 State of California and thorough out much of the United States.

3 8. Plaintiff has, through its vast experience, efforts and money developed a large amount of

4 goodwill in the business community dealing with and/or accommodating the sale and purchase of

5 liquor licenses. The business of consultation, brokerage and facilitation services in connection with

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7the sale and purchase of liquor licenses is a very unique niche business with only a small number of

firms offering the services offered by Plaintiff.8

9 9. Plaintiff has spent a significant amount of time, money and effort to develop a the trade name

10 Liquor License Specialist and its comprehensive website, designated "Liquorlicense.com" for use,

11 whether by existing, returning or potential clients or shoppers that offers a variety of information

12 and services.

1310. On or about June 8, 2009 Bloom began doing business under the name(s) CA Liquor License

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15Specialists, Nationwide Liquor License Specialists and/or ABC Liquor License Specialists.

11. In connection with the business(es) as alleged in the preceding paragraph Bloom, at or about16

17 the same time started websites under the domain names CALiquorLicense.com and

18 NationwideLiquorLicense.com in which he substantially copied Plaintiff's website,

19 Liquorlicnse.com. The copying of Plaintiff's website was almost verbatim.

20 12. Defendant's website design and overall feel, to include information, color scheme, set up,

21language and placement was designed so as to be confusingly similar and in some respects

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23identical to that of Plaintiff's.

were either lead to Defendant's site by accident or because they believed that the site was

Plaintiff's or otherwise affiliated with Plaintiff's business. Additionally, Plaintiffmaintains staff

". 13. Plaintiff became aware of Defendant's website through existing and potential clients which111,I:

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27 which routinely monitors the placement of plaintiff's website in search engines and those of similar

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COMPLAINT

. " • •companies. During such monitoring Blooms website came up, sometimes a site below or above

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2 plaintiffs leading to further potential confusion to the clients or potential customers of the plaintiff.

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FIRST CAUSE OF ACTION(Unfair competition and Trade Name Infringement Against all Defendants)

6 14. Plaintiff refers to and incorporates herein paragraphs 1 through 13 of its complaint as though

7 fully set forth herein.

8 15. Plaintiff is, and at all times mentioned herein has been, engaged in the business of consultation,

9brokerage and facilitation services in connection with the sale and purchase ofliquor licenses.

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1116. Plaintiffhas continuously done business under the corporate name Cirgadyne Incorporated and

trade name Liquor License Specialist since 1986. Plaintiff has built up valuable goodwill in this12

13 trade name, and it has come to be associated exclusively with plaintiffs business by the public

14 generally throughout the State of California, as is reflected by the extensive marketing,

15 advertisement and promotion in this State from 1986 to present; the sale of over thousands, if not

16 tens of thousands of liquor licenses in this State since 1986 and for thousands of clients during that

17period.

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1917. Defendant, Bloom, operating under the business name(s) California, CA Liquor License

Specialists, Nationwide Liquor License Specialist, ABC Liquor License Specialist is engaged in20

21 the business of consultation, brokerage and facilitation services in connection with the sale and

22 purchase ofliquor licenses located at 20929 Ventura Blvd. Suite # 47-112 Woodland Hills,

23 California 91364, Los Angeles County and is a direct competitor with plaintiff."l:M,i; 18. On or about June 8, 2009, defendant began doing business under the trade name(s) California

~ Liquor License Specialist, Nationwide Liquor License Specialist, ABC Liquor License Specialist.26

Defendants trade name is substantially similar to that of plaintiff, and defendants use of that name2728 has and will continue to create a likelihood that plaintiffs customers, potential customers and the

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COMPLAINT

I I '. • •public generally will be confused or misled as to the source of goods or services in that they are

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2 likely to believe that defendant's business is identical to or affiliated with that of plaintiff.

3 19. Additionally, Bloom website his said business(es), CALiquorlicense.com is substantially

4 similar to that of plaintiffs, Liquorlicense.com. Plaintiff is informed and believes and thereon

5 alleges that this was done with the specific intent to confuse plaintiff s current and potential

6customers.

720. Defendants use of the above trade names along with the website has and will continue to create

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9 a likelihood that plaintiffs customers, potential customers and the public generally will be

10 confused or misled as to the source of goods or services in that they are likely to believe that

II defendant's business is identical to or affiliated with that of plaintiff.

12 21. Defendant threatens to and unless restrained will continue to use the trade names California

13Liquor License Specialists, Nationwide Liquor License Specialists, ABC Liquor License

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15Specialists and the domain name CAliquorlicenses.com and a result the public generally and

23. Defendant's continuing use of the confusingly similar trade name ABC Liquor License

persons in the liquor license industry will be mislead and deceived into believing that defendant's16

17 business is identical to and/or affiliated with that of plaintiff, all to the irreparable injury of

18 plaintiffs business and goodwill and to the unjust enrichment of defendant. Plaintiff has no

19 adequate remedy at law in that it is extremely difficult to ascertain the amount of damages to

20 plaintiffs business and goodwill that may result presently or in the future.

2122. On or about 1/30/1995, plaintiff filed the trade name Liquor License Specialists with the Los

22Angeles County Recorder's Office and has maintained or otherwise renewed said trade name from

23III* 1/30/1995 to present.

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f?26 Specialists, California Liquor License Specialists, Nationwide Liquor License Specialists along

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285

COMPLAINT

.. ' ' " • •1 with the use of CAliquorlicnse.com constitutes an infringement and violation of plaintiffs rights

2 in its trade name, Liquor License Specialist.

3 24. Unless restrained by this Court, defendant threatens and will continue to use the trade name

4 ABC Liquor License Specialist in violation of plaintiffs rights.

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SECOND CAUSE OF ACTION(False Advertisement Against all Defendants)

25. Plaintiff refers to and incorporates herein paragraphs 1 through 24 of its complaint as though8

9 fully set forth herein.

10 26. At all times mentioned herein defendant owned and operated a business of consultation,

11 brokerage and facilitation services in connection with the sale and purchase of liquor licenses

12 located at 20929 Ventura Blvd. Suite # 47-112 Woodland Hills, California 91364, Los Angeles

13County. To the best of defendant's knowledge and on information and belief, at the time this

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15complaint was prepared, defendant had not filed any fictitious business name or was denied any

such filing due to the similarity to plaintiffs filed fictions business name in the County of Los16

17 Angeles.

18 27. Plaintiff is informed and believes, and thereon alleges that beginning on or about June 8, 2009

19 and continuing to the present time, defendant was engaged in advertising to the public, including

20 current and former clients of plaintiff, and offering services in connection with the sale and

21purchase of liquor licenses.

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29. The defendant has engaged in the advertisement herein alleged with the intent to directly and/or

indirectly induce the public to enter into an obligations relating to the services described herein, to

27 include, but not be limited to, services in connection with the sale and purchase of liquor licenses.

286

COMPLAINT

, " • •30. Defendant's advertising is nntrue or misleading and likely to deceive the public in that

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2 defendant advertised as follows:

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1) That he is the number one consultant in the nation,

2) ABC Liquor License Specialists is the # 1 complete Liquor License Consulting Business in

the Nation.

3) Defendant is an expert dealing with the State of California's laws

4) Defendant, as a trainer of new investigators for ABC, not only knows the law-he taught it.

5) Defendant specializes in helping people secure, sell, transfer or surrender liquor licenses for

restaurants, nightclubs, bars, convenience stores and wholesalers throughout the nation.

11 Defendant's advertisements are materially misleading and false, and made with the intent to

12 deceive the general public of this state as follows:

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Plaintiff is informed and believes, and thereon alleges that Defendant is not the number one

liquor license consultant in the Nation. Defendant has been in the business for far less time

then Plaintiff or various other liquor license consultants and does not have the experience,

clientele, reputation nor respect ofthe very small niche community to advertise or claim

that he is the number 1 consultant in the nation. In fact, plaintiff is informed and believes

that defendant does not operate or provide services outside of California except for very

limited, if any, services in Arizona and Alaska as shown on defendants website. In reality,

Plaintiff is one of the nation's most respected and trusted consultation firms, boasting

thousands of clients over its nearly 24 years of business operations and a reputation know

throughout the industry as one of the premier consultant firms in California and the Nation.

Plaintiff offer services in California, Florida, Arizona, Minnesota, Indiana, Massachusetts,

Michigan, New Jersey, Nevada, Ohio and Pennsylvania. Defendant has made such false

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COMPLAINT

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advertisements coupled with the use ofa confusingly similar trade name to further confuse

the public into associating or otherwise mistaking defendant's business with plaintiffs.

2) Plaintiff is informed and believes, and thereon alleges that Defendant is NOT the # 1

complete Liquor License Consulting Business in the Nation. Plaintiff is informed an

believes that defendant is a one man operation and is in no way comparable or akin to the #

1 complete Liquor License Consulting Business in the Nation.

3) Plaintiff is informed and believes, and thereon alleges that Defendant is NOT an expert

dealing with the State of California's laws. Defendant is not a licensed attorney of this state

nor any state for that matter. Defendant's employment with a state agency certainly does

not bestow a law degree or the right to practice law which is what essentially Defendant

advertises that it can do.

4) Plaintiff is informed and believes and thereon alleges, that Defendant was not hired nor

ever had the title of "Trainer" with the State ofCalifornia's Department of Alcoholic

Beverage Control nor did he teach the law on behalf of the State to any other State

employee(s).

5) Plaintiff is informed and believes, and thereon alleges Defendant does not specialize in

helping people secure, sell, transfer or surrender liquor licenses for restaurants, nightclubs,

bars, convenience stores and wholesalers throughout the nation. Rather, defendant business

is primarily within this State and not nationwide as advertised.

31. In making and disseminating the statement(s) herein alleges, defendant knew, or by reasonable

Business and Profession Code section 17500 and plaintiff believes that defendants, and each of

them, will continue to engage in untrue and misleading advertising as allege above unless restained

Ii! care should have known, that the statements were untrue or misleading and so acted in violation off:4,

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27 by this court.

288

COMPLAINT

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THIRD CAUSE OF ACTION(Unfair Business Practice and Competition Against All Defendants>

1 32. Plaintiff has suffered injury in fact and has lost money as a result of the violations alleged in

2 this complaint, in that plaintiff has lost potential customers as a direct result of the misleading

3 advertisement and/or has suffered damage to its reputation due to being associated with defendant's

4 business in an amount to be proven at trial.

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89 33. Plaintiff refers to and incorporates herein paragraphs 1 through 32 of its complaint as thou

10 full set forth herein.

11 34. Defendant has engaged in illegal and unfair business practices in violation ofB&P Code

12 §17200, including but not limited to false advertisement, use and dilution of plaintiffs trade name,

13copying of plaintiff s website, misrepresentation of services and experience, holding himself out as

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15affiliated or part of plaintiffs business, acting as or holding itself out as plaintiffs business,

sue under B&P Code §17203 for itself and the general public which are being deceived or

intentionally marketing business with similar name(s) with the intent to confuse consumers.16

17 35. Defendant has all but copied, verbatim, plaintiff website content, design and color scheme in a

18 deliberate effort to mislead the public. After demand was made by plaintiff, defendant did make

19 minor changes to the content of the website but has failed in changing the name, much content,

20 design, color scheme and overall setup.

2136. Defendant is informed and believes and thereon alleges that Defendant performed the above

22mentioned acts for the purpose of injuring plaintiff and the general public.

23'I f 37. This plaintiff has suffered injury in fact as a result of the aforementioned and has standing to

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ft526 otherwise mislead by the plaintiffs unfair business practices.

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289

COMPLAINT

, ' , ,,' • •38, Among other things, plaintiff is informed and believes, that plaintiff has lost potential clients

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2 who have been mislead to believe that defendant is actually plaintiff; that the reputation ofplaintiff

3 has been damaged insomuch as plaintiffs current and prospective clients have been mislead to

4 believe that defendant is affiliated or is the plaintiff.

5 As a proximate result of the above acts of defendant plaintiff has been deprived of actual and

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7potential clients, all to its damage in the sum to be proven at trial as well as treble damages under

the law.89 39, The defendants acts hereinabove described are acts of unfair competition within the meaning of

10 B&P Code §17203, and plaintiff is informed and believes that the defendant will continue to do

11 those acts unless restrained by this court.

12 40. This court is empowered by B&P Code §17203 to enjoin the illegal conduct of Defendant

13described herein and plaintiff herein so requests that this court enjoin defendant(s) from the

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15conduct alleged herein.

41. Plaintiff brings this action for the public good and is therefore entitled to recover reasonable16

17 attorney's fees and costs. (C.C.P. 1021.5).

18 42. Plaintiff further seeks damages, in an amount to be proven at trial, suffered by this plaintiff as a

19 result of defendant's unfair business practices and acts as described herein.

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FOURTH CAUSE OF ACTION(Slander Against all Defendants)

continuing thereafter, defendants and each of them spoke the following words of and concerning

44. Plaintiff is informed and believes, and thereon alleges that on or about June 8, 2009, and

set forth herein.

~f 43. Plaintiff refers to and incorporates herein paragraphs 1 through 42 of its complaint as thou full

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27the plaintiff: That plaintiff and defendants were the same business; that plaintiffwas associated

2810

COMPLAINT

• •with defendants; that plaintiff overcharged clients; that plaintiff provided less than quality services

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2 for clients.

3 45. Plaintiff is informed and believes and thereon alleges that the words were heard by some of

4 plaintiffs existing and potential clients.

5 46. These words are slanderous as they directly injure plaintiff in respect to its trade and/or

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7business, by imputing that plaintiff is associated with defendant; performs less quality work than

that of and is overcharging and therefore taking advantage of current and prospective clients.89 47. The words were false because there is no association of any kind between Plaintiff and

10 defendant; and, defendant does not overcharge its client and provides high quality services.

11 48. These words carried a defamatory meaning because they tend to directly injure plaintiff in

12 respect to its profession, trade or business, either by imputing to it general disqualification in those

13respects which the occupation peculiarly requires, and/or by imputing something with reference to

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15it's profession, trade, or business that has a natural tendency to lessen its profits.

49. As a result of the above-described words, plaintiff has suffered general damages to his16

17 reputation.

18 50. As a further proximate result of the above-described words, plaintiff has suffered the following

19 special damages; injury to plaintiffs trade name, business and profession all to his injury in a sum

20 according to proof at trial.

2151. The above described words were spoken with malice and fraud in that they were spoken with

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28III

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COMPLAINT

•FIRST CAUSE OF ACTION:

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1. For an order requiring defendant to show cause, if any they have, why he should not be

enjoined from use ofthe names CA Liquor License Specialists, Nationwide Liquor License

Specialists and CALiquorlicense.com .

2. For a temporary restraining order, a preliminary injunction, and a permanent injunction, all

enjoining defendant from continuing to use the name(s) CA Liquor License Specialists,

Nationwide Liquor License Specialists and CALiquorlicense.com.

3. For the immediate shut down ofthe websites CALiquorlicense.com.

4. For costs incurred.

5. For damages to plaintiffs business in an amount to be proven at trial.

6. For any other and further relief that the court may deem proper.

13 SECOND CASUE OF ACTION

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1. For an order requiring defendant to show cause, if any they have, why he should not be

enjoined as set forth below, during the pendency of this action.

For a temporary restraining order, a preliminary injunction, and a permanent injunction, all

enjoining defendants and his/her/its agents, servants and employees, and all persons acting

under, in concert with or for him/her/it from:

Making, disseminating, or causing to be made or disseminated, before the public ofthis

state, in any newspaper, other publication, or advertising devise, to include electronic

advertisement to include emails, websites, text messages and the like, by public outcry or

proclamation, or in any other manner whatever, any statement concerning the "the business

of consultation, brokerage and facilitation services in connection with the sale and purchase

of liquor licenses" or concerning any circumstances or matter connected with the proposed

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COMPLAINT

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perfonnance thereof that is untrue or misleading, and that is known, or by the exercise of

reasonable care should be known, to be untrue or misleading. For costs incurred

3. For costs incurred.

4. For damages to plaintiffs business in an amount to be proven at trial.

5. For any other and further relief that the court may deem proper.

THIRD CAUSE OF ACTION:

1. For an order requiring defendant to show cause, if any they have, why he should not be

enjoined as set forth below, during the pendency ofthis action.

2. For a temporary restraining order, a preliminary injunction, and a pennanent injunction, all

enjoining defendant from continuing to use the name(s) CA Liquor License Specialists,

Nationwide Liquor License Specialists and CALiquorlicense.com.

3. For an order requiring defendant to shut down ofthe websites CALiquorlicense.com &

NationwideLiquorlicense.com

4. For costs incurred.

5. For damages to plaintiff s business in an amount to be proven at trial.

6. For any other and further relief that the court may deem proper.

19 FOURTH CASUE OF ACTION

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III,:as,f;26 III

1. General damages according to proof;

2. Special Damages according to proof;

3. For costs incurred.

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COMPLAINT

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4. For damages to plaintiff's business in an amount to be proven at trial.

5. Punitive damages according to proof

6. For any other and further reliefthat the court may deem proper.

7Dated:

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LAW OFFICE OF RICK A. BLAKE

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COMPLAINT

CM 010•• .~TTORNEY OR PARTYWTHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY

RICK A. BLAKE SBN:81452)-~9J-Il!. BROADWAY STE 106

FILEDSA TA ANA, CA. 92706

TELEPHONE NO., 714-667-7171 FAA NO' 714-667-0477 S ia'?RIOR COURT OF CALIFORNIAATTORNEY FOR (N,mej, CIRGADYNE INCORPORATED COUNTYOFLOS~GELES

!

SUPERIOR COURT OF CALIFORNIA, COUNTV OF LOS ANGELES APR 20 2010STREET AOORESS, III N. HILL STREETMAILING ADDRESS:

ohn A.~ :lljike~Exe9.lJWe Offlc.rICI.~<CITVANDZIPCODE, LOS ANGELES, 90012BRANCH NAME CENTRAL ~. hi. 'I:kit{ f1t. D9~uly

CASE NAME: AMBE LAFLEUR-(jLAYTON

CIRGADYNE INCORPORATED v. RUSSELL BLOOMCIVIL CASE COVER SHEET Complex Case Designation

CASE NUMBER:

o Unlimited o Limited o Counter o Joinder 8C436121(Amount (Amountdemanded demanded is Filed with first appearance by defendant

JUDGE:

exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:

Items 1 6 below must be completed (see Instructtons on page 2).1. Check one box below for the case type that best describes this case:

Auto Tort Contracto Auto (22) 0 Breach of contract/warranty (06)o Uninsured motorist (46) 0 Rule 3.740 collections (09)Other PI/PDIWD (Personallnjuty/Property 0 Other collections (09)DamagelWrongful Death) Tort D Insurance coverage (18)o Asbestos (04) 0 Other contract (37)o Product liability (24) Real Property

D Medical malpractice (45) D Eminent domain/Inverseo Other PI/PDIWD (23) condemnation (14)Non.PI/PDIWD (Other) Tort 0 Wrongful eviction (33)

o Business tort/unfair business practice (07) D Other real property (26)o Civil rights (08) Unlawful Detainero Defamation (13) 0 Commercial (31)o Fraud (16) 0 Residential (32)o Intellectual property (19) 0 Drugs (38)o Professional negligence (25) Judicial Reviewo Other non-PIIPDIWD tort (35) 0 Asset forfeiture (05)Employment 0 Petition re: arbitration award (11)o Wrongful termination (36) 0 Writ of mandate (02)o Other employment (15) 0 Other judicial review (39)

Provisionally Complex Civil Litigation(Cal. Rules of Court, rules 3.400-3.403)

o AntitrusUTrade regulation (03)o Construction defect (10)o Mass tort (40)D Securities litigation (28)o Environmenlalrroxic tort (3D)

o Insurance coverage claims arising from theabove listed provisionally complex casetypes (41)

Enforcement of Judgment

o Enforcement of judgment (20)

Miscellaneous Civil Complainto RICO(27)o Other complaint (not specified above) (42)

Miscellaneous Civil Petition

D Partnership and corporate governance (21)o Other petition (not specified above) (43)

d. 0 Large number of witnessese. 0 Coordination with related actions pending in one or more courts

in other counties, states, or countries, or in a federal courtf. 0 Substantial posljudgment judicial supervision

b.0 nonmonetary; declaratory or injunctive relief c. 0 punitive

2. This case U is l.LJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:

a. 0 Large number of separately represented partiesb. 0 Extensive motion practice raising difficult or novel

issues that will be time-consuming to resolvec. 0 Substantial amount of documentary evidence

3. Remedies sought (check all thaf apply): a.W monetary4. Number of causes of action (specify):5. This case 0 is 0 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-015.)

Date!ll Yl ('i (to i") ~. fl." I j~RIC~A. BLAKE • ~ C6( f£.17 'd-/

I ' (TYPE OR PRINT NAME) . ( "IO"'NA"'T"U"'R"EO"F"P~A"RTY"Cio:.J~A;';n~o"RN'"E;VY"FO"'R"P"'''RTY)''''----" NOTICE

• Plilintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedu~der the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultin sanctions.

• Fiie 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 statisticai purposes onlv.

l'ae10f

Form Adopted for Mandabry UseJudidal Coune! ofCalifomiaCM-010 [Rev. July 1, 2007]

CIVIL CASE COVER SHEET Cal. Rules of Court, (lIes 2.30, 3.220,3.400-3.403, 3.740;Cal. Standards of Judicial Administration, std. 3.10

WMV.oourtinfo.ca.govAmerican Legal'let, Inc.www.FormsWorldlow.com

• • CM·010INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

12 P~air;tiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you mustcomplete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compilestatistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A coversheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.

To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of moneyowed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction inwhich property, services, or money was acquired on credit. A collections case does not include an action seeking the folloWing: (1) tortdamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejUdgment writ ofattachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collectionscase will be subject to the requirements for service and obtaining a judgment in rule 3.740.

To Parties in Complex Cases. In complex cases oniy, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with thecomplaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, a counter-<lesignation that the case is not complex, or, if the plaintiff has made no designation, a designation thatthe case is complex. CASE TYPES AND EXAMPLES .Auto Tort Contract Provisionally Complex Civil Litigation {Cal.

Auto (22}-Personal Injury/Property Breach of ContractlWarranty (06) Rules of Court Rules 3.400-3.403)DamagelWrongful Death Breach of Rental/lease Antitrustrrrade Regulation (03)

Uninsured Motorist (46) (if the Contract (not unla~i!J detainer Construction Defect (10)case involves an uninsured or wrongful evictIon) Claims Involving Mass Tort (40)motorist claim subject to Contra~arranty Breach-S~lIer Securities Litigation (28)arbitration check this item Plaintiff (not fraud or negligence) EnvironmentallToxic Tort (30)instead OiAutO) Negligent Breach of Contraeu Insurance Coverage Claims

Other PI/PDJWD {Personallnjuryl Warranty (arising from provisionally complexProperty DamagelWrongful Death) Other Breach of ContractfV\larranty case type listed above) (41)Tort Collections (e.g., money owed, open Enforcement of Judgment

Asbestos (04) book accounts) (09) Enforcement of Judgment (20)Asbestos Property Damage Collection ~ase-seller Plainti~ Abstract of Judgment (Out ofAsbestos Personal lnjuryl Other PromIssory Note/Collectlons County)

Wrongful Death Case. . Confession of Judgment (non-Product Liability (not asbestos or Insurance Coverage (not proVISionally domestic relations)

toxic/environmental) (24) complex) (18) . Sister State JudgmentMedical Malpractice (45) Auto Subrogation Administrative Agency Award

Medical Malpractice- Other Coverage (not unpaid taxes)Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of

Other Professional Health Care Contractual Fraud Judgment on Unpaid TaxesMalpractice Other Contract Dispute Other Enforcement of Judgment

CaseOther PI/PDIWD (23) Real PropertyPremises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint

and fall) Condemnation (14) RICO (27)Intentional Bodily InjurylPDIWD Wrongful Eviction (33) Other Complaint (not specified

above) (42)(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Declaratory Relief Only

Intentional Infliction of Writ of Possession of Real Property Injunctive Relief Only (non-Emotional Distress Mortgage Foreclosure harassment)

Negligent Infliction of Quiet Tille Mechanics LienEmotional Distress Other Real Property (not eminent Other Commercial Complaint

Other Pl/PDIWD domain, landlordAenant, orNon-PIIPDJWD (Other) Tort foreclosure) Case (non-torVnon-complex)

Business TorUUnfair Business Unlawful Detainer Oth(~;;;~~;;;~~g~;~r;:,PleX)Practice (07) Commercial (31) Miscellaneous Civil Petition

Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporatefalse arrest) (not civil Drugs (38) (if the case involves Wegal Govemance (21)harassment) (08) drugs, check this item; otherwise, Other Petition (not specified

Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43)111(13) Judicial Review Civil Harassment

FreUd (16) Asset Forfeiture (05) Workplace ViolenceIn~lectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent AdultP~lessional Negligence (25) Writ of Mandate (02) Abuse

i 'Legal Malpractice Writ-Administrative Mandamus Election Contest'i !Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change) .~. (not medical or legal) Case Matter Petition for Relief From Late

Other Non-PIIPDIWD Tort (35) Writ-Qther Limited Court Case ClaimEmployment Review Other Civil Petition

Wrongful Termination (36) Other Judicial Review (39)Other Employment (15) Review of Health Officer Order

Notice of Appeal-LaborCommissioner Appeals

CM-Q10 [Rev. July 1, 2007]CIVIL CASE COVER SHEET

Page 2of2

• •SHORT TITLE:

CIRGADYNE INCORPORATED v. BLOOMCASE NUMBER

CIRGADYNE INCORPofil~4r3 ilJ I

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATIONCERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION

This form is required in all new civil case filings in the Los Angeles Superior CourtI. Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURY TRIAL? 0 YES CLASS ACTION? DYES L1MITEOCASE? DYES TIME ESTIMATED FOR TRIAL_2__D HOURS/0 DAYS.II. Select the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to No. iii, Pg. 4):

1 After first completing the Civil Case Cover Sheet Form, find the main civil case cover sheet heading for yourcase in the left margin below, and, to the right in Column 1, the Civil Case Cover Sheet case type you selected.

2 Check Q!!.!! Superior Court type of action in Column 2 below which best describes the nature of this case.3 In Column 3, circle the reason for the court location choice that applies to the type of action you have checked.

Applicable Reasons for Choosing Courthouse Location (See Column 3 below)1. Class Actions must be filed in County Courthouse, Central District 6. Location of prope~ or permanently garaged vehicle.2. May be filed in Central(other county, or no Bodily Inj/Prop.Damage) 7. Location where petitioner resides.3. Location where cause of action arose 8. Location wherein defendanUrespondent functions wholly.4. Location where bodily injury, death or damage occurred. 9. Location where one or more of the parties reside.5. Location where performance required or defendant resides. 10. Location of Labor Commissioner Office.

1::{?

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4 Fill in the information renuested on Dane 4 in item III; comDlete item IV. SiDn the certificate.,

-1- -2- -3-Civil Case Cover Sheet Type of Action Applicable Reasons·

Category No. (Check only one) See Step 3 Above

Auto (22) o A7100 MotorVeh. - Pers.lnjury/Prop. Dam./Wrongful Death 1.. 2.. 4.

Uninsured Motorist (46) o A7110 Pers.lnj/Prop. Dam./Wrongful Death - Unins. Motorist 1.. 2.. 4.

Asbestos (04) D A6070 Asbestos Property Damage 2.o A7221 Asbestosis - Personallnjury/Wrongful Death 2.

Product Liability (24).

o A7260 Product Liability (not asbestos or toxic/environmental) 1.,2., 3., 4., 6.

Medical Malpractice (45) o A7210 Medical Malpractice - Physicians & Surgeons 1.. 2.. 4.o A7240 Other Professional Health Care Malpractice 1.,2.,4.

Other PI/PDIWD (23) o A72S0 Premises Liability (e.g., slip and fall) 1.,2.. 4.D A7230 Intentional Bodily Injury/PDIWD (e.g., assault, vandalism, etc.) 1.,2.,4.o A7270 Intentional Infliction of Emotional Distress 1.,2.,3.D A7271 Negligent Infliction of Emotional Distress 1.,2.,3.D A7220 Other Personal Injury/Property Dam./Wrongful Death

. 1.,2.,4.

Business Tort (07) iii A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1.,2.,3.

II! Civil Rights (08) D A6005 Civil Rights/Discrimination 1.. 2.. 3.,-.,,I; Defamation (13) iii A6010 Defamation (slander/libel) 1.,2.,3.

,: t Fraud (16) D A6013Iii Fraud (no contract) 1.. 2.. 3.

Intellectual Property (19) D A6016 Intellectual Property 2.,3.

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATIONelv 109 09-03

LASC Rule 2.0

Page 1 of 4

• •rSHORT TITLE: ICASE NUMBER

ICIRGADYNE INCORPORATED v. BLOOM CIRGADYNE INCORPORATED v. BLOOM

I.-1- -2- -3-

Civil Case Cover Sheet Type of Action Applicable Reasons -Category No. (Check only one) See Step 3 Above

Prof. Negligence (25) o A6017 Legal Malpractice 1.• 2.• 3.

o A6050 Other Professional Malpractice (not medical or legal)1.• 2.• 3.

0 A6025 Other Non-PI/PDIWD Tort - Intentional 2.• 3.Oth Non-PI/PDIWD Tort (35)

0 A6026 Other Non-PI/PDIWD Tort - Negligence 2.,3.,

Wrongful Termination (36) o A6037 Wrongful Termination 1.,2.,3.

Other Employment o A6024 Other Employment Complaint Case 1.,2.,3.

(15) o A6109 Labor Commissioner Appeals i10.

o A6004 Breach of Rental/Lease Contract (not UD or wrongful eviction) 2.,5.Breach of Contract!Warranty o A6008 ContractlWarranty Breach -Seller Plaintiff(no fraud/negligence) 2.,5.,

(06) o A6019 Negligent Breach of ContractlWarranty (no fraud)(not insurance) o A6028

1.. 2., 5.Other Breach of ContracUWarranty (not fraud or negligence)

1.,2.,5.

o A6002 Collections Case-Seller Plaintiff 2.,5.,6.Collections(09) o A6012 Other Promissory Note/Collections Case

2.,5.

Insurance Coverage o A6015 Insurance Coverage (not complex) 1.,2.,5.,8.(18)

o A6009 Contractural Fraud 1.,2.,3.,5.Other Contract(37) o A6031 Tortious Interference

1.. 2.. 3.. 5.o A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)1.,2.,3.,8.

Emnt Dom/lnv. Condo (14) o A7300 Eminent Domain/Condemnation Number of parcels__ 2.

Wrongful Eviction (33) o A6023 Wrongful Eviction Case 2.,6.

Other Real Propertyo A6018 Mortgage Foreclosure 2.,6.

(26) o A6032 Quiet Title2.. 6.o A6060 Other Real Property(not em. domain, landlord/tenant,

foreclosure) 2.,6.

!~I. Del.-Commercial (31) o A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2.,6.

li~nl. Del.-Residential (32) o A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2.. 6.

;1 ~ Unl. Del.-Drugs (38) o A6022 Unlawful Detainer-Drugs 2.. 6.

Asset Forfeiture (05) o A6108 Asset Forfeiture Case 2.,6.

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CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATIONelv 109 09-03

LASC Rule 2.0

Page 2 of 4

• •

­l:CI>ECl'tI:::l..,'01:CI>ECI>

l:!oS!l:W

SHORT TITLE: ICASE NUMBER 1CIRGADYNE INCORPORATED v. BLOOM CIRGADYNE INCORPORATED v. BLOOM

-1- -2- -3-Civil Case Cover Sheet Type of Action Applicable Reasons -

Category No. (Check only one) See Step 3 Above

Petition ra Arbitration (11) o A6115 Petition to Compel/Confirm Arbitration 2.. 5.

0 A6151 Writ - Administrative Mandamus 2.• 8.Writ of Mandate 0 A6152 Writ - Mandamus on Limited Court Case Matter

2.

(02)0 A6153 Writ - Other Limited Court Case Review

2.

Oth. Jud. Review (39) 0 A6150 Other Writ IJudicial Review 2.. 8.

AntitrustfTrade Reg. (03) 0 A6003 AnlitrustITrade Regulation 1.• 2.• 8.

Construction Defect (10) 0 A6007 Construction defect 1.,2.,3.

Claims lov. Mass Tort (40) o A6006 Claims Involving Mass Tort 1.,2.,8.

Securities L1t1g. (28) 0 A6035 Securities Litigation Case 1.,2.,8.

Tox. ToruEnvronm (30) 0 A6036 Toxic ToruEnvironmental 1., 2., 3., 8.

Ins elms - Compix Case (41) 0 A6014 Insurance Coverage/Subrogation (complex case only) 1.,2.,5.,8.

0 A6141 Sister State Judgment 2., 9.

0 A6160 Abstract of Judgment 2.,6.Enforcementof Judgment 0 A6107 Confession of Judgment (non-domestic relations)

2.,9.0 A6140 Administrative Agency Award (not unpaid taxes)

(20)0 A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax

2.,8.

0 A6112 Other Enforcement of JUdgment Case 2.,8.

2.,8.,9.

RICO (27) 0 A6033 Racketeering (RICO) Case 1.,2.,8.

0 A6030 Declaratory Relief Only 1.,2.,8.

Other Complaints o A6040 Injunctive Relief Only (not domesticlharassment) 2.,8.(Not Specified Above) o A6011 Other Commercial Complaint Case (non-torUnon-complex)

1., 2.. 8.(42) o A6000 Other Civil Complaint (non-torUnon-complex)

1.,2.,8.

Partnership/Corp. 0 A6113 Partnership and Corporate Governance Case 2.,8.Governance(21)

0 A6121 Civil Harassment 2.,3., g.II! 0 A6123 Workplace Harassment 2., 3., 9t,

0 A6124 Elder/Dependent Adult Abuse Case" 2.,3., 9..~ ~, Other Petitions o A6190 Election Contest,: ~(Not Specified Above) o A6110

2.Petition for Change of NameII.': (43) o A6170 Petition for Relief from Late Claim Law 2.,7.

o A6100 Other Civil Petition 2., 3., 4., 8.

2., 9.

-4-CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

CIV 109 09-03LAse Rule 2.0

Page 3 of 4

• •SHORT TITLE:

CIRGADYNE INCORPORATED v. BLOOMCASE NUMBER

CIRGADYNE INCORPORATED v. BLOOM

III. Statement of Location: Enter the address ofthe accident. party residence or place of business, performance, or othert . d' t d' N II 'I 3 P 1 th f firclrcums ance In Ica e In o. .,Iem on aQe as e proper reason or IInQ In the court location vou selected.

REASON: CHECK THE NUMBER UNDER ITEM -3- WHICH APPLIES IN THIS CASE ADDRESS:

1Zl1. 1Zl2. 1Zl3. 04. 05. 06. 07. 08. 09. 010.20929 VENTURA BLVD. , SUITE # 47-112WOODLAND HILLS, CA. , 91364

CITY: STATE: ZIP CODE:

WOODLAND HILLS CA 91364

IV. Certificate/Declaration ofAssignment: The undersigned hereby certifies and declares that the above entitled matter isproperly filed for assignmentto the HILL STREET courthouse in the CENTRAL District of theLos Angeles Superior Court under Section 392 et seq., Code of Civil Procedure and Rule 2(b), (c) and (d) ofthis court forthe reason checked above. I declare under penalty of perjury under the laws ofthe State of California that the foregoingis true and correct and this declaration was executed on APRIL 19, 2010 at, SANTA ANA California.

(date) (city)

New Civil Case Filing InstructionsThis addendum form is required so that the court can assign your case to the correct courthouse location in the properdistrict for filing and hearing. It satisfies the requirement for a certificate as to reasons for authorizing filing in thecourthouse location, as set forth in Los Angeles Superior Court Local Rule 2.0. It must be completed and submittedto the court along with the Civil Case Cover Sheet and the original Complaint or Petition in ALL civil cases filed in anydistrict (including the Central District) of the Los Angeles County Superior Court. Copies of the cover sheet and thisaddendum must be served alona with the summons and comolaint, or other initiatina oleadina in the case.

PLEASE HAVE THE FOLLOWING DOCUMENTS COMPLETED AND READY TO BE FILED IN ORDER TOPROPERLY COMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk (Summons forms available at theForms Counter.).

3. Civil Case Cover Sheet form required by California Rule of Court 982.2(b)(1), completely filled out (Cover Sheetforms available at the Forms Counter).

4. This "Addendum to Civil Case Cover Sheet" form [Superior Court Form Number CIV 109, revised 09-03],completely filled out (Item II. does not apply in limited civil cases) and submitted with the Civil Case Cover Sheet.'

5. Payment in full of the filing fee (unless filing on behalf of state or local government or no fee is due for the typeof case being filed) or an Order of the Court waiving payment of filing fees in forma pauperis (fee waiverapplication forms available at the Filing Window)

6. In case of a plaintiff or petitioner who is a minor under 18 years of age, an Order of the Court appointing an adultas a guardian ad litem to act on behalf of the minor (Guardian ad Litem Application and Order forms available atthe Forms Counter).

7. i~dditional copies of documents presented for endorsement by the Clerk and return to you.I,

'IJ!Iith the exception of unlimited civil cases concerning property damage, bodily injury or wrongful death occurring inthi5'County, Labor Commissioner Appeals, and those types of actions required to be filed in the Central District byLoi:!al Court Rule 2(b), all unlimited jurisdiction civil actions may be optionally filed either in the Central District or inwMiChever other court location the rule would allow them to be filed. Wihen a party elects to file an unlimited jurisdictioncivil action in Central District that would also be eligible for filing in one or more of the other court locations, this formmust still be submitted with location and assignment information completed.

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATIONelv 109 09-03

LASC Rule 2.0Page 4 of 4