Preview
Electronically Filed by Superior Court of California, County of Orange, 11/09/2022 08:00:00 AM.
30-2022-01290747-CU-BC-NJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By K. Trent, Deputy Clerk.
1 TARA MUREN (SBN: 260154)
tmuren@nationalfunding.com
2 JAMES E. HAWLEY (SBN: 299723)
jhawley@nationalfunding.com
3 NATIONAL FUNDING, INC.
4 9530 Towne Centre Dr., Suite 120
San Diego, California 92121
5 Tel: (800) 361-4103
Fax: (888) 841-3948
6
ATTORNEY FOR NATIONAL FUNDING, INC.
7
8
a l
rt
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
11
FOR THE COUNTY OF ORANGE
P o
12 NATIONAL FUNDING, INC., a California
s
)
s Case No.:
ce
Corporation; )
13 ) COMPLAINT FOR:
c
Plaintiff, )
14 ) 1. BREACH OF CONTRACT
15
vs.
a A )
)
2. BREACH OF GUARANTY
Assigned for All Purposes
d i
16 FAB BUILDERS CORPORATION, a
Massachusetts Corporation; FELIPE
)
)
18
M e
17 ANDRADE DE BARROS, an individual; and
DOES 1-10, inclusive.
Defendants.
)
)
)
)
Action Filed:
Trial Date: None
19
20 Plaintiff NATIONAL FUNDING, INC. (hereafter “Plaintiff” or “National Funding” ) in
21 support of its claims against Defendants FAB BUILDERS CORPORATION, a Massachusetts
22 Corporation, and FELIPE ANDRADE DE BARROS, an individual, hereby alleges the following:
23 PARTIES
24 1. Plaintiff is a licensed lender in the state of California, formed under the laws of the
25 State of California with its principal place of business in San Diego, California.
26 2. Plaintiff is informed and believes and thereon alleges that DEFENDANT FAB
27 BUILDERS CORPORATION is a Corporation registered in the state of Massachusetts and is doing
28 business in Maynard, Massachusetts.
-1-
COMPLAINT
1 3. Plaintiff is informed and believes and thereon alleges that Defendant FELIPE
2 ANDRADE DE BARROS is an individual residing in Maynard, Massachusetts.
3 4. Plaintiff does not know the true names or capacities of Defendants Does 1 through
4 10, inclusive. Plaintiff is informed and believes and thereon alleges that each of the Defendants herein
5 designated as a Doe 1 through 10 has or claims some interest in the business or had involvement in
6 the issuance of the agreement described below. When the true name of the Doe Defendant is
7 discovered, this complaint will be amended accordingly. The Doe Defendants are sued pursuant to
8 California Code of Civil Procedure § 474.
a l
rt
9 JURISDICTION AND VENUE
10 5.
o
The obligations under which this action is brought were incurred by Defendants,
P
11 entered into by Defendants and to be performed by the parties in San Diego, California. This Court
s s
12 has jurisdiction over the subject matter hereof and venue is proper in this forum under California
13 Code of Civil Procedure § 395(a).
c e
14
15
6.
c
The causes of action sued upon are not subject to Civil Code § 1812.10 or 2984.4.
A FIRST CLAIM FOR RELIEF
16
i a
(Breach of Future Receivables Purchase and Sale Agreement against Defendant FAB BUILDERS
d
17
18
M
7.e CORPORATION and Does 1-5)
Plaintiff incorporates the allegations contained in Paragraphs 1 through 6, inclusive,
19 as though fully set forth herein.
20 8. On or about May 23, 2022, FAB BUILDERS CORPORATION (“Seller”) for
21 valuable consideration, executed a Future Receivables Purchase and Sale Agreement, agreement
22 number FWC604303, with Plaintiff (the “FRPSA”), whereby Seller agreed to sell, assign and
23 transfer in a finite amount of Seller’s future receivables in the amount of $40,739.16 (the “Purchased
24 Amount”) to Plaintiff in exchange for the purchase price of $30,177.49 (the “Purchase Price”). A
25 true and correct copy of the FRPSA is attached hereto as Exhibit “1” and incorporated herein by
26 reference.
27 9. The FRPSA provides that Plaintiff has purchased all of Seller’s right, title and
28 interest in 15% of Seller’s Future Receivables (the “Purchased Percentage”). Seller agreed to remit
-2-
COMPLAINT
1 to Plaintiff the Purchased Percentage of its Future Receivables daily up to the full Purchased Amount
2 has been delivered to Plaintiff.
3 10. On or about June 10, 2022, Seller defaulted on the FRPSA by failing to timely remit
4 payments to Plaintiff and failing to provide copies of all documents related to Seller’s banking and
5 financial affairs upon request by Plaintiff and has continuously remained in default. Pursuant to
6 section 4.2 of the FRPSA, Plaintiff has elected to declare a breach and the entire unpaid balance of
7 $37,564.68 is due and payable.
8 11.
l
Plaintiff has performed all conditions and promises required to be performed on its
a
rt
9 part under the terms of the FRPSA.
10 12.
o
As a proximate result of Seller’s breach of the FRPSA, Plaintiff has been damaged
11 in the principal sum of not less than $37,564.68.
P
12 13.
s s
The FRPSA provides that Borrower will pay Plaintiff’s reasonable attorneys’ fees
e
13 and costs incurred in enforcing the terms of the FRPSA. It has become necessary for Plaintiff to
c
A c
14 engage counsel to represent it for the purposes of bringing this action. Therefore, Plaintiff is entitled
15 to a further and additional sum for reasonable attorneys’ fees that it has incurred in this action
16
d i a SECOND CLAIM FOR RELIEF
17
18
M e
(Breach of Guaranty against Defendant FELIPE ANDRADE DE BARROS and Does 6-10)
14. Plaintiff incorporates the allegations contained in Paragraphs 1 through 13
19 inclusive, as though fully set forth herein.
20 15. On or about May 23, 2022, FELIPE ANDRADE DE BARROS (herein “Guarantor”)
21 executed and delivered to Plaintiff a written guaranty (“Guaranty”) by which he guaranteed to
22 Plaintiff personal performance of all of the obligations of Seller then owing or thereafter incurred,
23 together with accrued interest, costs and attorneys' fees incurred in the collection thereof and for the
24 enforcement of the Guaranty. A true and correct copy of the Guaranty is attached as Attachment A to
25 the FRPSA (Exhibit 1), and incorporated herein by reference.
26 16. In reliance on the Guaranty, Plaintiff agreed to purchase the future receivables from
27 Seller, as evidenced by Attachment A of Exhibit 1, attached hereto.
28
-3-
COMPLAINT
1 17. On or about June 10, 2022, Seller defaulted on the FRPSA by failing to timely remit
2 payments to Plaintiff and failing to provide copies of all documents related to Seller’s banking and
3 financial affairs upon request by Plaintiff and has continuously remained in default. Pursuant to
4 section 4.2 of the FRPSA, Plaintiff has elected to declare a breach and the entire unpaid balance of
5 $37,564.68 is due and payable.
6 18. Demand has been made on Guarantor to pay the current amount due under the FRPSA,
7 however, Guarantor refuses to pay said sum, or any part thereof, and the sum of $37,564.68 is due
8 and payable from Guarantor to Plaintiff.
a l
rt
9 19. The Guaranty provides that Guarantor will pay all expenses and costs incurred by
P o
10 Plaintiff in enforcing the Guaranty including, but not limited to, reasonable attorneys’ fees. It has
11 become necessary for Plaintiff to engage counsel to represent it for the purposes of bringing this
s s
12 action. Therefore, Plaintiff is entitled to a further and additional sum for reasonable attorneys’ fees
13 that it has incurred in this action.
c e
14
A c PRAYER
15 ON THE FIRST CLAIM FOR RELIEF (Breach of Contract):
16 1.
i a
For damages in the sum of $37,564.68; and
d
17
M e 2. For reasonable attorneys’ fees.
18 ON THE SECOND CLAIM FOR RELIEF (Breach of Guaranty):
19 3. For damages in the sum of $37,564.68; and
20 4. For reasonable attorneys’ fees.
21 ON ALL CLAIMS FOR RELIEF:
22 5. For prejudgment interest at the legal rate;
23 6. For costs of suit incurred herein; and
24 7. Any other such relief this Court deems proper.
25 DATED: November 9, 2022 NATIONAL FUNDING, INC
26 _______________________
TARA MUREN
27 JAMES E. HAWLEY
Attorneys for Plaintiff
28
-4-
COMPLAINT
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
a l
ort
s P
es
c c
a A
d i
M e
Preview
Electronically Filed by Superior Court of California, County of Orange, 11/09/2022 08:00:00 AM. 30-2022-01290747-CU-BC-NJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By K. Trent, Deputy Clerk. 1 TARA MUREN (SBN: 260154) tmuren@nationalfunding.com 2 JAMES E. HAWLEY (SBN: 299723) jhawley@nationalfunding.com 3 NATIONAL FUNDING, INC. 4 9530 Towne Centre Dr., Suite 120 San Diego, California 92121 5 Tel: (800) 361-4103 Fax: (888) 841-3948 6 ATTORNEY FOR NATIONAL FUNDING, INC. 7 8 a l rt 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 11 FOR THE COUNTY OF ORANGE P o 12 NATIONAL FUNDING, INC., a California s ) s Case No.: ce Corporation; ) 13 ) COMPLAINT FOR: c Plaintiff, ) 14 ) 1. BREACH OF CONTRACT 15 vs. a A ) ) 2. BREACH OF GUARANTY Assigned for All Purposes d i 16 FAB BUILDERS CORPORATION, a Massachusetts Corporation; FELIPE ) ) 18 M e 17 ANDRADE DE BARROS, an individual; and DOES 1-10, inclusive. Defendants. ) ) ) ) Action Filed: Trial Date: None 19 20 Plaintiff NATIONAL FUNDING, INC. (hereafter “Plaintiff” or “National Funding” ) in 21 support of its claims against Defendants FAB BUILDERS CORPORATION, a Massachusetts 22 Corporation, and FELIPE ANDRADE DE BARROS, an individual, hereby alleges the following: 23 PARTIES 24 1. Plaintiff is a licensed lender in the state of California, formed under the laws of the 25 State of California with its principal place of business in San Diego, California. 26 2. Plaintiff is informed and believes and thereon alleges that DEFENDANT FAB 27 BUILDERS CORPORATION is a Corporation registered in the state of Massachusetts and is doing 28 business in Maynard, Massachusetts. -1- COMPLAINT 1 3. Plaintiff is informed and believes and thereon alleges that Defendant FELIPE 2 ANDRADE DE BARROS is an individual residing in Maynard, Massachusetts. 3 4. Plaintiff does not know the true names or capacities of Defendants Does 1 through 4 10, inclusive. Plaintiff is informed and believes and thereon alleges that each of the Defendants herein 5 designated as a Doe 1 through 10 has or claims some interest in the business or had involvement in 6 the issuance of the agreement described below. When the true name of the Doe Defendant is 7 discovered, this complaint will be amended accordingly. The Doe Defendants are sued pursuant to 8 California Code of Civil Procedure § 474. a l rt 9 JURISDICTION AND VENUE 10 5. o The obligations under which this action is brought were incurred by Defendants, P 11 entered into by Defendants and to be performed by the parties in San Diego, California. This Court s s 12 has jurisdiction over the subject matter hereof and venue is proper in this forum under California 13 Code of Civil Procedure § 395(a). c e 14 15 6. c The causes of action sued upon are not subject to Civil Code § 1812.10 or 2984.4. A FIRST CLAIM FOR RELIEF 16 i a (Breach of Future Receivables Purchase and Sale Agreement against Defendant FAB BUILDERS d 17 18 M 7.e CORPORATION and Does 1-5) Plaintiff incorporates the allegations contained in Paragraphs 1 through 6, inclusive, 19 as though fully set forth herein. 20 8. On or about May 23, 2022, FAB BUILDERS CORPORATION (“Seller”) for 21 valuable consideration, executed a Future Receivables Purchase and Sale Agreement, agreement 22 number FWC604303, with Plaintiff (the “FRPSA”), whereby Seller agreed to sell, assign and 23 transfer in a finite amount of Seller’s future receivables in the amount of $40,739.16 (the “Purchased 24 Amount”) to Plaintiff in exchange for the purchase price of $30,177.49 (the “Purchase Price”). A 25 true and correct copy of the FRPSA is attached hereto as Exhibit “1” and incorporated herein by 26 reference. 27 9. The FRPSA provides that Plaintiff has purchased all of Seller’s right, title and 28 interest in 15% of Seller’s Future Receivables (the “Purchased Percentage”). Seller agreed to remit -2- COMPLAINT 1 to Plaintiff the Purchased Percentage of its Future Receivables daily up to the full Purchased Amount 2 has been delivered to Plaintiff. 3 10. On or about June 10, 2022, Seller defaulted on the FRPSA by failing to timely remit 4 payments to Plaintiff and failing to provide copies of all documents related to Seller’s banking and 5 financial affairs upon request by Plaintiff and has continuously remained in default. Pursuant to 6 section 4.2 of the FRPSA, Plaintiff has elected to declare a breach and the entire unpaid balance of 7 $37,564.68 is due and payable. 8 11. l Plaintiff has performed all conditions and promises required to be performed on its a rt 9 part under the terms of the FRPSA. 10 12. o As a proximate result of Seller’s breach of the FRPSA, Plaintiff has been damaged 11 in the principal sum of not less than $37,564.68. P 12 13. s s The FRPSA provides that Borrower will pay Plaintiff’s reasonable attorneys’ fees e 13 and costs incurred in enforcing the terms of the FRPSA. It has become necessary for Plaintiff to c A c 14 engage counsel to represent it for the purposes of bringing this action. Therefore, Plaintiff is entitled 15 to a further and additional sum for reasonable attorneys’ fees that it has incurred in this action 16 d i a SECOND CLAIM FOR RELIEF 17 18 M e (Breach of Guaranty against Defendant FELIPE ANDRADE DE BARROS and Does 6-10) 14. Plaintiff incorporates the allegations contained in Paragraphs 1 through 13 19 inclusive, as though fully set forth herein. 20 15. On or about May 23, 2022, FELIPE ANDRADE DE BARROS (herein “Guarantor”) 21 executed and delivered to Plaintiff a written guaranty (“Guaranty”) by which he guaranteed to 22 Plaintiff personal performance of all of the obligations of Seller then owing or thereafter incurred, 23 together with accrued interest, costs and attorneys' fees incurred in the collection thereof and for the 24 enforcement of the Guaranty. A true and correct copy of the Guaranty is attached as Attachment A to 25 the FRPSA (Exhibit 1), and incorporated herein by reference. 26 16. In reliance on the Guaranty, Plaintiff agreed to purchase the future receivables from 27 Seller, as evidenced by Attachment A of Exhibit 1, attached hereto. 28 -3- COMPLAINT 1 17. On or about June 10, 2022, Seller defaulted on the FRPSA by failing to timely remit 2 payments to Plaintiff and failing to provide copies of all documents related to Seller’s banking and 3 financial affairs upon request by Plaintiff and has continuously remained in default. Pursuant to 4 section 4.2 of the FRPSA, Plaintiff has elected to declare a breach and the entire unpaid balance of 5 $37,564.68 is due and payable. 6 18. Demand has been made on Guarantor to pay the current amount due under the FRPSA, 7 however, Guarantor refuses to pay said sum, or any part thereof, and the sum of $37,564.68 is due 8 and payable from Guarantor to Plaintiff. a l rt 9 19. The Guaranty provides that Guarantor will pay all expenses and costs incurred by P o 10 Plaintiff in enforcing the Guaranty including, but not limited to, reasonable attorneys’ fees. It has 11 become necessary for Plaintiff to engage counsel to represent it for the purposes of bringing this s s 12 action. Therefore, Plaintiff is entitled to a further and additional sum for reasonable attorneys’ fees 13 that it has incurred in this action. c e 14 A c PRAYER 15 ON THE FIRST CLAIM FOR RELIEF (Breach of Contract): 16 1. i a For damages in the sum of $37,564.68; and d 17 M e 2. For reasonable attorneys’ fees. 18 ON THE SECOND CLAIM FOR RELIEF (Breach of Guaranty): 19 3. For damages in the sum of $37,564.68; and 20 4. For reasonable attorneys’ fees. 21 ON ALL CLAIMS FOR RELIEF: 22 5. For prejudgment interest at the legal rate; 23 6. For costs of suit incurred herein; and 24 7. Any other such relief this Court deems proper. 25 DATED: November 9, 2022 NATIONAL FUNDING, INC 26 _______________________ TARA MUREN 27 JAMES E. HAWLEY Attorneys for Plaintiff 28 -4- COMPLAINT a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e a l ort s P es c c a A d i M e