Te eee FORCOURTUSEGMLY BIMALT WALGAMPAYA SBI 14c@50 [WELLMAN & WARREN, LLP FLECTRONICALLY FILED 24411 RIDGE ROUTE #200 Superior Gout of Calor, ‘County of Grange TAGUNA HILLS, CA_92653 OH7/2013 #078792 Ad reienjoneno: 949-580-3737 raxno. (mun: 949-580-3738 EMAL ADDRESS Oninay; BIMALI €W-WLAW . COM ay Era Cutis Gehuty lek ArionNeyF0R ane: ONLINE COMMUNICATIONS, INC. ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE streeraooness: 700 CIVIC CENTER DRIVE WEST cavanozecove SANTA ANA, CA 92701 sewciwve CENTRAL JUSTICE CENTER PIANTFF, ONLINE COMMUNICATIONS, LLC. DEFENDANT: 2ND HALF, LLC. and SANTO ROBERTI (0 boes1to 10. CONTRACT XJ COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT |__| AMENDED CROSS-COMPLAINT (Number): ‘Jurisdiction (check all that apply): CASE MMDER (J action ts A LimiTeo civiL CASE 30-2019-00081883-CL-8C-CUC ‘Amount demanded [__] doos not excoed $10,000 [3K exceeds $10,000, but does not exceed $25,000 |_| ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) || ACTION iS RECLASSIFIED by this amended complaint or cross-compl | from limited to unlimited [from unlimited to limited 1. Plaintiff (name ornames): ONLINE COMMUNICATIONS, LLC. alleges causes of action against defendant (name ornames): 2ND HALF LLC. and SANTO ROBERTI 2, This pleading, including attachments and exhibits, consists ofthe following number of pages: 5 3, a. Each plaintif named above Is a competent adult [X] except plaintif (name): ONLINE COMMUNICATIONS, LLC. (1) [| a corporation qualified to do business in California 2) |__ an unincorporated entity (describe) @ other (specity) b. [] Plaintiff (name): ‘. |___ has complied with the fictitious business name laws and is doing business under the fictitious name (speci); b. [_ | has complied with all icensing requirements as a licensed (specily): «. [=] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4, a, Each defendant named above is a natural person. . [XC] except defendant (name) 2ND HALF, LLC. | _]exceptdefendant (name): (1) [— |a business organization, form unknown (1) [Ja business organization, form unknown @) | a corporation (2) |__| acorporation (2) [X |n unincorporated entity (describe): LIMTTED (3) |__| an unincorporated entity (describe): LIABILITY COMPANY (4) [a public entity (describe. (4) [__| 2 public entity (deseni). (6) _lother (speci: (©) [other (speci) COMPLAINTS Contract Sears Solufigns @sHoRTTME: ONLINE COMMUNICATIONS V. 2ND HALF LLC. (CASE NUDE 4 (Continued) . The true names of defendants sued as Does are unknown to plaintf, (1) LX] Doe defendants (specify Doe numbers): 1 = 10 wore the agents or employees ofthe named defendants and acted within the scope of that agency or employment. (@) [X_]00e defendants (specify Doe numbers): 1_— 10 ‘are persons whose capacities are unknown to plaintif. [| Information about addtional defendants who are not natural persons is contained in Attachment 4c. 4. |__| Defendants who are joined under Code of Civil Procedure section 982 are (names): 5.[_] Plaintiff is required to comply with a claims statute, and a. |__| has complied with applicable claims statutes, or b. [is excused from complying because (specify) 6.[H] This action is subject to [] Civil Code section 1812.10] Cuil Code section 2984.4 7. This courts the proper court because 2. |__| adofendant entered into the contract here. b. |__| a defendant lived here when the contract was entered into. c. |__| adefendant lives here now, 4. |] the contract was o be performed here. 2. [| a defendant is a corporation or unincorporated association and its principal place of business is here. 1. |__| real propery thats the subject ofthis action is located here. 9. [] other (speciy): THE CONTRACT INCLUDES A JURISDICTION AND VENUE PROVISION 2, The following causes of action are altached and the statements above apply to each (each complaint must have one or more causes of action attached) [| Breach of Contract |X) Common Counts [x1 Other (specify 9. [1 Other alegations: 40. Plaintiff prays for judgment for costs of sult for such relief as is far, just, and equitable; and for a, [X_| damages of $ 15,000 b. LX) interest on the damages (1) [J according to proof (2) GK) atthe rate of (specify) 15% percent per year from (date): 5/23/2012 c. [Jattomeys feos (1) (] of § (2) [_] according to proof. 4d. [iE other (specify): DEFENDANTS ALSO OWE PLAINTIFF $50 PER MONTH EACH PAYMENT WAS DUE. DEFENDANTS OWE PLAINTIFF 15 MONTHS WORTH OF LATE PAYMENTS, OR $750, WHICH CONTINUES TO ACCRUE. 11.1 The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): ons: coroner 4, 2013 _k A > ) BIMALI_WALGAMPAYA (TYPE OR PRINT NAVE) {SIGNATURE OF PLAINTIFF OR ATKBRNEY) (it you wish to verity this pleading, affix verification.) PLD-01 Ra dn 2007 ‘COMPLAINTS Contract Peoenot2PLD-C-004(1) SHORTTITLE: ONLINE COMMUNICATIONS V, 2ND HALF LLC. (CASE NUMBER: FIRST CAUSE OF ACTIONS Breach of Contract ATTACHMENT TO [X_] Complaint [— | Cross - Complaint (Use a separate cause of action form for cach cause of action.) BC-1. Plaintiff (name): ONLINE COMMUNICATIONS, LLC. alleges that on or about (late): NAY 23, 2012 a[X] writen [oral [Jot (specify agreement was made between (na partes o agreement): ONLINE COMMUNICATIONS, LLC. AND 2ND HALF, LLC. and SAW/0 ROBERTI [IE_JA copy of the agreement is ailached as Exhibit A, or [|The essential terms of the agreement [| are statedin Attachment BC-1 “] are as follows (specify): BC-2, Onorabout (dates): DECEMBER 31, 2012 defeixdant breached the agreemon! by |_| the acts specified in Attachment BC-2 [X] the folowing acts (specify): PURUSANT TO TH AGREEMENT, DEFENDANT WAS REQUIRED TO MEET ONE OF TWO OBLIGATIONS. THAT 1S, DEFENDANT EITHER HAD THE OPTION TO PAY BACK THE LOAN, IN FULL, TO PLATTIFF NO LATER THAN DECEMBER 31, 2012. IN THE ALTERNATIVE, DEFENDANT WAS REQUIRED TO PAY PLAINTIFF A TOTAL OF §2,500 (WITH INTEREST) EACH MONTH BEGINNING ON JULY 1, 2012 FOR A TOTAL OF 6 MONTHS. DEFENDANT FATI.:/D TO MEET EITHER OF THESE OBLIGATIONS. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or ‘excused from performing, BC-4, Plaintif suffered damages legally (/oximately) caused by defendant's breach of the agreement [las stated in Atlachment BC-1_X] as follows (specify; $15,000 PLUS INTEREST BC-5. [ | Plaintiffs entitled to atlorney {vos by an agreement ora statute (ots [Teccording to proof 806. _lother: Page 1__ etulca Gouna Gants CAUSE OF ACTION6 Breach of Contract uw-Seott en ay 007] LB Cote of Oi Prose a6 12 f@ PlusPLD-C-001(2) SHORT TITLE: ONLINE COMMUNICATIONS V. 2ND HALF LLC. [CASE NUMBER: ‘SECOND. CAUSE OF ACTION6 Common Counts. Te ATTACHMENT TO [X] Complaint [—) Gross - Complaint (Use a separate cause of action fon for each cause of actin.) CO-, Plaintif (name): ONLINE COMMUNICATIONS, LLC. alleges that defendant (name):2ND HALF LLC. and SANTO ROBERTI became indebted to [X pleintift other (name): a. OK] within the fast four years (1) EX] onan open book account fr money due. (2) [1 because an account was stated in wring by and between plaintiff and defendant in which it was agivad that defendant was indebted to plant b. CX] within the last [x] two years [J four years (1) (| formoncy had and received by defendant for the use and benefit of plaintit. 2) |_| forwork, tabor, services and materials rendered atthe special instance and request of defendant and for which defendant promised to pay plaintif [| the sum of § the reasonable value. (3) [J for good, wares, and merchandise sold and delivered to defendant and for which defendant promise: to pay plaintiff th sum of S the reasonable value (4) EX] formoncy lent by plaintiff to defendant at defendant's request. (©) [1 formoncy paid, aid out, and expended to or for defendant at defendant's special instance and request. © [1 otter (goin. cc-2.$ 15,000 which is the reasonable value, is due and unpald despite plant's demand, plus prejudgment interest —] according to proof LX] at the rate of 15% percent per year from (date): 5/23/2012, PLUS COSTS 6c-3. [1] Plaintitis enti to stomey fees by an agreement ora statute L] os [1 according to proof, co-4, [_} Other: Page 2 RETEST Saat pe CAUSE OF ACTION6 Common Counts no Steet aye soiExhibit “A”LOAN REPAYMENT AGREEMENT Online Communications LLC & 2nd Half LLC 1, 2nd Half LLC, EIN #’s 27-0797439,, located at: 10940 South Parker Road, Suite 723, Parker, CO 80134, Phone 303-898-0305 , Email: santoroberti@gmail.com, has received $15,000.00 (paid on May 23", 2012) by Online Communications LLC as a loan, a total of $15,000.00 (Fifteen Thousand Dollars). All monies paid to 2nd Half LLC from Online Communications LLC were received on or before May, 23%, 2012. This money is being lent to 2nd Half LLC. Due in part and parcel to a contract being signed by and betwoen 2nd Half LLC and a company in MLM named (Call MD Plus), based upon mutual understanding that Online Communications LLC shall act as up-line sponsor to 2nd Half LLC, whereby 2nd Half LLC is receiving benefit from Online Communications LLC introductions and aid in introductions and contacts within the Multi-Level Marketing Industry. As such if Online fails to introduce and build Call MD Plus, and at which point Online Communications LLC has received $15,000.00 (Fifteen Thousand Dollars) through both income derived in an MLM company “Call MD Plus” by username Doctorcare ID # 25159 and or Payments by and from 2 Half LLC, then the position known as username Doctorcare ID # 25159, will revert to 75% of ALL income received by Call MD Plus shall be paid to 2™ Half LLC, unless agreed upon otherwise in writing by 2 Half LLC. Any and ALL monies lent to 2" Half LLC shall be paid back to Online Communications LLC, ‘As soon as ALL monies are received from 2™ Half LLC and/or Call MD Plus paid through username Doctorcare ID # 25159, then as agreed 75% of username Doctorcare ID # 25159 shall revert to 2" Half LLC. ‘This arrangement does not negate that this money is being lent to 2nd Half LLC, and at no fault of Online Communications LLC should any agreements not be met by Call MD Plus or any other MLM company, that this debt is due and outstanding until documentation of payments are received by Online Communications LLC. 2nd Half LLC agrees to the e-payment option # 1 and/or #2: 1) 2nd Half LLC agrees to make a onetime payment with no interest applied in the amount of $15,000.00 by December 31 2012. 2) 2nd Half LLC agrees to make monthly payments in the amount of $2,500.00 starting July 1*, 2012 for 6 months. ‘There will be no interest paid on this loan if the deadline of payment in the amount of $15,000.00 (Fifteen Thousand Dollars) is received by the mutually agreed upon date above December 31", 2012. ‘owed of $15,000.00 (Fifteen Thousand Dollars) is paid in Full.Ifpayments on this loan are not received in a timely manner and 2nd Half LLC is late more than 15 (fifteen) days, this loan from Online Communications LLC will become a demand note, callable at any time at a rate of 15% (fifteen percent) per Annum, commencing from May 23" 2012. (The date of the first payment was made to 2nd Half LLC to Online Communications LLC). 2nd Half LLC will have to pay a late fee in the amount of $50.00 (fifty dollars) if his payment is not received by the 5" of every month, starting July 5*, 2012. 2nd Half LLC agree, and admits by signing this agreement, to allow Online Communications LLC to be his/her sponsor in any future program of 2nd Half LLC’s choosing, including but not limited to Call MD Plus and/or any other MLM opportunity that 2nd Half LLC and Online ‘Communications LLC mutually agree upon until any and all debts are settled and paid in full, then 2nd Half LLC are released and have no further obligation to Online Communications LLC. 2nd Half LLC agrees NOT to sign up in and/or participates in, act as a consultant to, become an owner of, officer of, employee of, or independent distributor of, any other Multi Level Marketing ‘or Network Marketing Company while his/her debt is outstanding. If Online Communications LLC becomes aware of this type of activity, Online Communications LLC will put both said ‘company and 2nd Half LLC on Notice by The Law Offices of Wellman & Warren LLP, and bold all parties liable for breach of this contract. If 2nd Half LLC fail to perform as stated above, he/she will be obligated under the Laws of California, County of Orange County. Any legal foes caused by a breach of this agreement or in result of pending legal action will be paid by 2nd Half LLC. ‘This Agreement was entered into n Woodland Hills, California. Jurisdiction shall be the Date: May 23", 2012 Date: May 23rd, 2012 Jason Caramanis Date: May 23", 2012 Manager Online Communicathon} LLCLOAN REPAYMENT.AGREEMENT Online Communications LLC & 2nd Half LLC 1, 2nd Half LLC, EIN #’s 27-0797439,, located at: 10940 South Parker Road, Suite 723, Parker, CO 80134, Phone 303-898-0305 , Email: santoroberti@gmail.com, has ‘received $15,000.00 (paid on May 23", 2012) by Online Communications LLC as a loan, a total of $15,000.00 (Fifteen Thousand Dollars). All monies paid to 2nd Half LLC from Online Communications LLC were réceived on or before May, 23%, 2012. ILLC. Due in part and parcel to a contract being signed by ty in MLM named (Call MD Plus), based upon mutual ‘LLC shall act as up-line sponsor to 2nd Half LLC, 3m Online Communications LLC introductions and This money is bein’ and between 2nd” understanding: whereby 207 aid in inty’ fails to” rece} point Online Communications LLC has both income derived in an MLM 2nd Half LLC agrees to the re-payment x, 1) 2nd HaLELLC agrees to make a onetim. mount ‘of $15,000.00 by December 31" 2012. 2) 2nd Half LLC agrees to make monthly payments . 00 starting July 1%, 2012 for 6 months. ‘There will be no interest paid on this loan if the deadline of paymem. amount of $15,000.00 (Fiftcen Thousand Dollars) is received by the mutually agreed upon date above December 31%, 2012. Pre-payments are accepted and can be applied to the outstanding balanoy/fatik- i total am owed of $15,000.00 (Fifteen Thousand Dollars) is paid in Full.