JURY TRIAL DEMANDED

Clifford Morris

1228 Merlot Dr.,

Palm Beach Gardens, FL 33410

Plaintiff in Pro Per

 

UNITED STATES DISTRICT COURTS

FOR THE CENTRAL DISTRICT OF CALIFORNIA

 

 
Clifford Morris,

Plaintiff,

vs.

WILSHIRE FINANCIAL GROUP SERVICES INC.,

Defendant

 Case No.: ______________

 

JURY TRIAL DEMANDED

 


COMPLAINT

  1. Plaintiff CLIFFORD MORRIS, (“the Plaintiff”), files this Complaint, against Defendant WILSHIRE FINANCIAL GROUP SERVICES INC (“defendant”), and alleges the following:

NATURE OF ACTION

  1. This is a Complaint is against Defendant for engaging in fraudulent conduct, and for failing to deliver its obligations pursuant to an agreement for services, which agreement was entered between Plaintiff and Defendant.
  2. Plaintiff therefore sues the Defendant for Breach of Contract, interference with prospective business advantage, RICO violation, wrongful/illegal possession, breach of implied contract of good faith and fair dealing, fraud, specific performance, intentional infliction of emotional distress and/or harm, and tort of another.

 

THE PARTIES

  1. The Plaintiff CLIFFORD MORRIS, is a male adult of sound mind and a resident of 1228 Merlot Dr., Palm Beach Gardens, FL 33410.
  2. Defendant WILSHIRE FINANCIAL GROUP SERVICES INC is a corporation registered and headquartered in California. Its address is 8484 Wilshire Boulevard Ste. 515, Beverly Hills, CA 90211.

JURISDICTION

  1. This Court has subject matter jurisdiction under 28 USC § 1331, on the basis of there being a federal question relating to 18 U.S.C. § 1964(c) and 42 U.S. Code § 1985.
  2. The acts or omissions made the basis of this suit occurred in the State of California and in this judicial district, so venue is proper in this Court under 28 U.S.C. § 1391.

FACTUAL BACKGROUND

  1. Defendant is in the business of selling aged shelf companies and finding tame Chief Financial Officers (CFO)s to help the companies secure business loans.
  2. On or around [ENTER DATE], Plaintiff and Defendant entered into an agreement in which Defendant agreed to provide the said services to Plaintiff.
  3. The agreement was executed by the parties on or around [ENTER DATE] in ___________. Consequently, Plaintiff and his friend made an advance payment $36,000 and $22,000, respectively, for the services. However, as at the time of filing this Complaint, Defendant has refused to deliver the services to Plaintiff. This company is constantly marketing their services, yet they have failed to deliver the services to Plaintiff.

CAUSES OF ACTION

COUNT 1

Breach of Contract

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. A valid contract between Plaintiff and Defendant exists. It was executed by the parties on [ENTER DATE].
  3. The parties agreed to perform their obligations and that every party shall work towards the fulfillment of the contract.
  4. Under the agreement, Defendant agreed to provide its services to Plaintiff.
  5. Plaintiff made advance payments as demanded by Defendant, for the services.
  6. However, Defendant has refused to provide the services to Plaintiff.
  7. Defendant’s conduct does not amount to working towards the fulfillment of the contract.
  8. The foresaid Defendant’s action and/or inaction is a breach of the contract since Defendant had agreed to perform its obligations in fulfillment of the agreement.
  9. As a result of the breach of contract, Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 2

Interference with prospective business or economic advantage

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. The key element of this cause of action is, “…proving that the defendant not only knowingly interfered with the plaintiff’s expectancy (of a profitable business relationship), but also that defendant engaged in conduct that was wrongful by some legal measure other than the mere fact of the interference itself.” Delta Penna v Toyota Motor Sales, Inc., (1995) 11 CA 4th 376.
  3. There was a potential profitable business relationship between the Defendant and the Plaintiff. Notably, the Plaintiff engaged the Defendant to provide its services to Plaintiff. As already stated above, Defendant’s services involved selling aged shelf companies and finding tame Chief Financial Officers (CFO)s to help the companies secure business loans.
  4. In the ensuing business relationship, there was expectancy with probability of future economic benefit to Plaintiff, as his business would benefit from Defendant’s services.
  5. The Defendant had knowledge of the expectancy.
  6. There was a reasonable certainty that absent the Defendant’s interference, Plaintiff would have realized the expectancy.
  7. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 3

Wrongful/illegal possession

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. Plaintiff engaged Defendant in an agreement, for the provision of services to Plaintiff.
  3. Plaintiff and his friend went ahead to make an advance payment $36,000 and $22,000, respectively, for the services.
  4. However, as at the time of filing this Complaint, Defendant has refused to deliver the services to Plaintiff. This company is constantly marketing their services, yet they have failed to deliver the services to Plaintiff.
  5. The Defendant has since refused to deliver the services or refund Plaintiff.
  6. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 4

Intentional infliction of emotional distress and/or harm

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. The Defendant acted intentionally and recklessly, without caring the effect of the conduct to the Plaintiff.
  3. The Defendant’s conduct was extreme in that Defendant not only breached the agreement and withhold Plaintiff’s money, it also denied Plaintiff an opportunity to get economic benefit.
  4. The said conduct caused the Plaintiff’s suffering. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 5

Unjust enrichment

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. The Defendant unjustly enriched itself by taking Plaintiff’s advance payment. Defendant has since failed to either deliver the services to Plaintiff or refund Plaintiff’s money.
  3. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 6

Fraud

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. Defendant made a representation that it would provide its services to Plaintiff.
  3. The Defendant knew that the representation was false and intended to defraud Plaintiff.
  4. Plaintiff did not know that the Defendant’ representations were false.
  5. Accordingly, Plaintiff entered the agreement with Defendant, and made the advance payment.
  6. Ultimately, the Plaintiff ended up losing his money, and the potential for economic benefit, as a result of Defendant’s conduct.
  7. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 7

Conspiracy to Participate in Racketeering; Violation of RICO Act Under 18 USC § 1962

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. A plaintiff may bring a private civil action for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18 U.S.C. § 1964(c). The RICO statute prohibits four types of activities: (1) investing in, (2) acquiring, or (3) conducting or participating in an enterprise with income derived from a pattern of racketeering activity or collection of an unlawful debt, or (4) conspiring to commit any of the first three types of activity. 18 U.S.C. § 1962(a)–(d). The RICO statute is to “be liberally construed to effectuate its remedial purposes.” Odom v. Microsoft Corp., 486 F.3d 541, 546 (9th Cir. 2007).
  3. To recover under § 1962(c), a plaintiff must prove (1) conduct, (2) of an enterprise, (3) through a pattern, (4) of racketeering activity (known as “predicate acts”), (5) causing injury to the plaintiff’s “business or property” by the conduct constituting the violation. See Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353, 361 (9th Cir. 2005).
  4. First, the conduct element of § 1962(c) requires that the defendant have some part in directing the affairs of the enterprise. See Reves v. Ernst & Young, 507 U.S. 170, 179 (1993). In the instant case, the Defendant is directly responsible in directing the affairs of the enterprise. Notably, Defendant held out as a legitimate business that sells aged shelf companies and finds tame Chief Financial Officers (CFO)s to help the companies secure business loans. However, after entering an agreement with Plaintiff and obtaining Plaintiff’s money, the Defendant refused to deliver the services.
  5. Next, an “enterprise includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.” 18 U.S.C. § 1961(4). An associated-in-fact enterprise is “a group of persons associated together for a common purpose of engaging in a course of conduct.” Boyle v. United States, 556 U.S. 938, 945-46 (2009) (quotingUnited States v. Turkette, 452 U.S. 576, 580 (1981)). In the instant action, enterprise may either be Defendant alone, or together with individuals currently unknown to Plaintiff.
  6. Lastly, a pattern is defined as “at least two acts of racketeering activity” within ten years of each other. 18 U.S.C. § 1961(5). In the instant action, Defendant obtained money from both Plaintiff and his friend, and refused to deliver its obligations to Plaintiff and his friend. Also, the Defendant is still marketing their services in search of other innocent Plaintiffs to defraud.
  7. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 8

Specific Performance

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. Plaintiff has successfully pled his breach of contract claim above. There is nothing else Plaintiff can do to make Defendant deliver its obligations to Plaintiff or refund Plaintiff.
  3. Plaintiff therefore requests this Court to issue an Order of Specific Performance compelling Defendant to deliver its obligations to Plaintiff or refund Plaintiff.

COUNT 9

Breach of implied contract of good faith and fair dealing.

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. First, a contractual relationship existed between Plaintiff and Defendant. Specifically, under the contract, Defendant was obligated to provide reliable services to Plaintiff.
  3. Further, part of the implied duties of the Defendant included the duty to provide their services in good faith, and to promote fairness in their dealings with Plaintiff.
  4. However, Defendant has breached the said implied duty by refusing to provide Plaintiff the services or to refund Plaintiff’s money.
  5. As a result of the Defendant’s conduct, Plaintiff suffered extensively. Plaintiff has lost the initial payments he made to Defendant, and the potential to make profit for his business.

COUNT 10

Tort of another.

  1. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
  2. As a result of the Defendant’ tortious conduct described herein, Plaintiff has been forced to protect his interests by bringing this Federal Action against the Defendant, wherein he seeks compensatory damages, punitive damages, injunctive relief to enjoin Defendant to refund the payment already made to Plaintiff, and an award of fees and costs.
  3. In prosecuting this Federal Action, Plaintiff has incurred fees, costs, and other expenses. Under the tort of another doctrine, Plaintiff is entitled to recover those expenditures incurred in connection with the Federal Action from the Defendant.

JURY TRIAL DEMANDED

  1. Plaintiff demands jury trial of all issues.

PRAYER AND RELIEF

WHEREFORE, Plaintiff CLIFFORD MORRIS, respectfully request that this Court enter judgment in his favor and as against Defendant as follows:

  1. Grant judgment in favor of Plaintiff;
  2. Issue an Order of Specific Performance compelling Defendant to return Plaintiff’s money;
  3. Award Plaintiff damages for breach of contract in the sum of $______;
  4. Award Plaintiff damages for unjust enrichment in the sum of $________;
  5. Award Plaintiff damages for conversion in the sum of $________;
  6. Award Plaintiff punitive damages;
  7. Award Plaintiff costs of this suit and attorney fees as allowed by law;
  8. Award Plaintiff pre and post judgment interests;
  9. Award Plaintiff such equitable relief as this Court deems fair; and
  10. Award Plaintiff such further relief as this Court deems necessary and proper.

 

 

DATED: ________________________

Respectfully submitted,

 

________________________

CLIFFORD MORRIS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE

 

I HEREBY CERTIFY that, on this ______ day of __________, 2023, a copy of the foregoing was to:

 

[ENTER DEFENDANT’s ADDRESS]

 

 

 

Date_____/____2023

________________________

CLIFFORD MORRIS

 

 

 

 

 

 

 

 

 

 

 

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