Re: Radiant Life Church of Sacramento, California, Pastor Tony Cunningham
Date: October 19, 2010 08:05AM
WhataJoke Thanks for posting that information!
I looked it up
ANYONE ATTENDING THIS CULT NEEDS TO HAVE THERE SANITY and IQ Checked and yes that goes for Mr. Kimbell & Mr Arpuleta
FIRST CAUSE OF ACTION ` COMPLAINT FOR MONEY
(Breach of Written Agreement)
1. At all times mentioned herein, Plaintiffwas, and now is a corporation, duly organized and
existing under and by virtue ofthe laws ofthe state ofits incorporation.
2. The tme names and capacities ofDefendants, DOES 1-100, inclusive, are unknown to
Plaintiffat this time, who therefor sues said Defendants by such fictitious names. Plaintiffis informed and
believes, and thereon alleges, that each Defendant named as a DOE is responsible for each and every
obligation hereinafter set forth.
3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this
Complaint, was at all times herein mentioned, and now is, the agent and employee of each of the other
Defendants herein, and was at all such times acting within the course and scope of said agency and
employment.
4. Plaintiff alleges that the Defendants, or some of them, have a principal place of business
in the above-referenced Judicial District. The obligation sued upon is commercial in nature and is not
subject to the provisions ofCivil Code. §2984.4, nor Civil Code. §1812.10.
5. On or about September 24,2009, Plaintiffand Defendant, RADIANT LIFE CHURCH, and
each ofthem, entered into a written Lease Agreement (hereinafter "Lease Agreement"), whereby Plaintiff
agreed to lease certain equipment to Defendant. A true and correct copy of said Lease Agreement is
attached herewith as Exhibit " 1 " and incorporated by this reference as though fully set forth. Pursuant
to the terms of the Agreement, Defendants, and each of them, agreed to pay to Plaintiff the minimimi
monthly payment of $ 1,174.00, for a sixty (60) month term.
6. Theretofore and thereafter. Plaintiff performed, or was excused from performing all of the
terms and conditions of said Agreement required to be performed by Plaintiff Defendant breached the
terms of said Agreement as set forth hereinbelow.
7. On or about April, 29, 2010, Defendants, and each ofthem, failed to make the monthly
payment then due and owing. Defendants, and each ofthem, failed to make any fiirther payments pursuant
to said Agreement.
8. Past due rent totals $4,696.00. Pursuant to the terms of said Agreement, upon Defendant's
default, Plaintiff elected to accelerate the balance of said Agreement. Accelerated Rent, discoimted to
present value at the rate of 6%, totals $50,908.75. Therefore the total principal due is $55,604.75
9. Pursuant to the terms ofsaid Agreement, Defendants, and each ofthem, are liable for the
late charges totaling $234.80.
10. Pursuant to the terms of said Agreement, Defendants, and each of them, are liable for
property tax totaling $541.00.
11. Pursuant to the terms of said Agreement, Defendants, and each of them, are liable for the
discounted residual value of the equipment in the sum of $3,941.28.
12. No part of said sum has been paid, although demand, therefor, has been made and there
is now due, owing and unpaid fi-om Defendants, and each ofthem, to Plaintiff, the sum of $60,321.83,
together with interest thereon at the rate often percent (10%) per annum from April, 29, 2010.
13. Said Agreement also provides for the payment of reasonable attomey's fees should legal
action be instituted to enforce the payment thereof Plaintiff has retained the Law Offices of HEMAR,
ROUSSO & HEALD, LLP, for the purpose ofthis action and is therefore entitled to reasonable attomey's
fees as determined by the Court.
SECOND CAUSE OF ACTION
(Account Stated)
14. Plaintiff refers to paragraphs 1-4 of its First Causes of Action, and by this reference
incorporates the same herein as though fiilly set forth.
15. Within four years last past, an account was stated by and between Plaintiffand Defendants,
and each ofthem, wherein it was agreed that said Defendants, and each ofthem, are indebted to Plaintiff
in the sum of $60,321.83.
16. No part of said sum has been paid, although demand, therefor, has been made and there is
now due, owing and unpaid from Defendants, and each ofthem, to Plaintiff, said amount together with
interest thereon at the rate of ten percent (10%) per annum from April, 29, 2010.
THIRD CAUSE OF ACTION
(Open Book)
17. Plaintiff refers to paragraphs 1-4 of its First Causes of Action, and by this reference
incorporates the same herein as though fiilly set forth.
18. Within four years last past, Plaintiff fiimished to Defendants, and each of them, at the
special instance and request ofeach, on an open book account, merchandise and/or services ofthe agreed
upon value of $60,321.83
19. No part of said sum has been paid although demand therefor has been made and there is
now due, owing and unpaid from said Defendants, and each of them, to Plaintiff, said amount, together
with interest thereon at the rate often percent (10%) per annum from April, 29, 2010.
20. Plaintiff fiirther requests reasonable attomey's fees, pursuant to Civil Code. §1717.5.
FOURTH CAUSE OF ACTION
(Claim and Delivery)
21. Plaintiff refers to its First Cause of Action, and by this reference incorporates the
same herein as though fiilly set forth.
22. Plaintiff is informed and believes and thereon alleges that the leased equipment is in the
possession ofDefendant.
23. Plaintiff alleges that the leased equipment was, at the commencement ofthis action, located
at 6528 44* St., Sacramento, CA 95823.
24. Pursuant to the Lease and by virtue of the aforementioned default. Plaintiff is entitled to
immediate possession of each and every item of the leased equipment.
25. Plaintiff has made demand upon Defendant for the retum of the leased equipment to
Plaintiff. As a consequence thereof, the personal property is wrongfiilly retained by Defendant.
26. The leased equipment was not taken from Plaintiff for a tax, assessment, or fme,
pursuant to statute, nor seized under execution against Plaintiff
27. By virtue ofthe wrongfiil possession ofPlaintiffs personal property by Defendant, Plaintiff
is entitled to and demands immediate possession of, the leased equipment pursuant to the Agreement.
WHEREFORE, Plaintiff prays Judgment against Defendants, and each of them, as
follows:
AS TO THE FIRST CAUSE OF ACTION:
1. For the principal sum of $60,321.83;
2. For interest thereon at the rate often percent (10%) per armum from April 29,2010;
3. For Late Charges, Property Tax, and Overages to be proved at trial;
4. For reasonable attomey's fees;
AS TO THE SECOND CAUSE OF ACTION:
5. For the principal sum of $60,3 21.83;
6. For interest thereon at the rate often percent (10%) per aimum from April, 29,2010;
AS TO THE THIRD CAUSE OF ACTION;
7. For the principal sum of $60,321.83;
8. For interest thereon at the rate often percent (10%) per annum from April, 29,2010;
9. For reasonable attomey's fees pursuant to Civil Code. § 1717.5;
AS TO THE FOURTH CAUSE OF ACTION:
10. For immediate possession ofthe personal property described hereinabove;
COMPLAINT FOR MONEY
AS TO ALL CAUSES OF ACTION:
11. For costs of suit incurred herein;
12. For such other and fiirther relief as the Court may deem just and proper.
DATED: October 13, 2010 HEMAR, ROUSSO & HEALD, LLP.
By: GEORGE T. GOST
Attomeys for Plaintiff
After reading these court documents, the first thing that ran in my head is that song "Stand by your Man" a classic hit for Tony's wife Rose and his sycophants elders.