20VECV00439

Assigned for all purposes to: Van Nuys Courthouse East, Judicial Officer: Huey Cotton

Electronically FILED by Superior Court of California, County of Los Angeles on 03/26/2020 12:20 PM Sherri R. Carter, Executive Officer/Clerk of Court, by A. Salcedo,Deputy Clerk

1 James Lee Reynolds, Esq.

State Bar No.: 115193
2 Mailing Address:
269 South Beverly Drive, #625
3 Beverly Hills, California 90212
T: (310) 275-2144
4 F: (310) 274-7588 (Attn: Reynolds // #625)
E: JamesReynoldsLaw@aol.com
5
Attorney for Plaintiff Shay Serdy
6

8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES, NORTHWEST JUDICIAL DISTRICT
10 VAN NUYS COURTHOUSE EAST
11 SHAY SERDY, an individual, ) Case N o.:___________________
) [Unlimited Civil Case]
12 Plaintiff, )
) VERIFIED COMPLAINT
13 vs. )
) FOR THE CAUSES OF ACTION:
14 DR. SUMAYYAH IBRAHIM ALNASSER, ) I ­ Breach of Oral/Implied Contract
an individual, SUMAYA 369, LLC, a ) 2. Deceit by Suppression of Material Fact
15 Delaware Limited Liability Company, DOES 1) 3. Breach of Fiduciary Duty
through 50 are all persons claiming by, ) 4. Conversion
16 through, or under DR. SUMAYYAH ) 5. Accounting
IBRAHIM ALNASSER, or identified as all ) 6. Quiet Title
17 persons unknown, claiming any legal or ) 7. Breach of Implied Covenant of Good Faith
equitable right, title, estate, lien, or interest in ) and Fair Dealing
18 the property described in this complaint, which)
is adverse to Plaintiffs title or creates a cloud ) DEMANDED FOR JURY TRIAL
19 on Plaintiffs title, and, DOES 51 through 100,)
inclusive, )
20
Defendants. )
21

22
Plaintiff Shay Serdy, an individual, (“Plaintiff’) alleges:
23
VENUE
24
1. Plaintiff is, and at all times herein mentioned was, an individual and residing in the
25 County of Los Angeles, State of California.
26 2. Defendant Dr. Sumayyah Ibrahim Alnasser (“Alnasser”) is, and at all times herein

27 mentioned was, an individual and residing in the County of Los Angeles, State of California.
3. Plaintiff is informed, believes, and thereon alleges Defendant Sumaya 369, LLC
28
1

Complaint
 1 (“Sumaya LLC”) is, and at all times herein mentioned was, a Delaware limited liability company doing
2 business in the County of Los Angeles, State of California.

3
4. The execution and performance of the Agreement (defined hereinbelow) alleged herein,
the incidents giving rise to alleged damages herein, and the property subject to the quiet title claim
4
herein all occurred or, in the case of the property, is located in the County of Los Angeles, State of
5
California.
6
DOE ALLEGATIONS
7 5. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as DOES
8 1 through 100, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will

9 amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed,
believes, and thereon alleges that each of the fictitiously named Defendants is/are part of the dispute
10
and controversy as hereinafter alleged, and the claims of Plaintiff against such fictitiously named
11
Defendants arises from such dispute and controversy.
12
6. Defendants designated as “DOE Defendants 1 through 50” are persons unknown,
13 claiming by, through, or under Defendant Alnasser, or claiming any legal or equitable right, title,
14 estate, lien, or interest in the property described in this Complaint, which is adverse to Plaintiffs title

15 or creates a cloud on Plaintiffs title.

7. Defendants designated as “DOE Defendants 51 through 100” are alleged tortfeasors.
16
DEFINITION OF DEFENDANTS
17
8. The reference in this Complaint to “DOE Defendants 1 through 50” is to Defendants
18
designated as persons claiming by, through, under Defendant Alnasser or identified as persons
19 unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in
20 this Complaint (i.e., Home [defined hereinbelow]), which is adverse to Plaintiffs title or creates a
21 cloud on Plaintiffs title.

22 9. The reference in this Complaint to uDOE Defendants 51 through 100” is to Defendants

designated as alleged tortfeasors in this Complaint.
23
AGENCY ALLEGATIONS
24
10. Plaintiff is informed and believes and thereon alleges at all times herein mentioned, the
25
individuals acting on behalf of the named Defendant(s) were the agent, representative, and/or
26 employee of such named Defendant(s) and, in doing the things herein alleged, such individuals were
27 acting within the course and scope of such agency, representative, and/or employment and with the

28 permission and consent of such named Defendant(s), or such actions or omissions were ratified or
2

Complaint
 1 approved by the named Defendant(s). Plaintiff is informed and believes and thereon alleges such
2 agents, representatives, and/or employees were authorized by the named Defendant(s) in the doing and

3
the manner of the act or omission.
11. Plaintiff is informed and believes and thereon alleges at all times herein mentioned,
4
each of the Defendants was the agent or representative of each of the remaining Defendants, and in
5
doing the things hereinafter alleged, was acting within the course and scope of such agency or
6
representation and with the permission and consent of his/her/its Co-Defendant, or such actions or
7 omissions were ratified or approved by the Co-Defendant. Plaintiff is informed and believes and
8 thereon alleges that Defendants were authorized by the Co-Defendant in the doing and the manner of

9 the act or omission.

COMMON ALLEGATIONS
10
12. In 2016, Plaintiff and Defendant Alnasser met in Munich, Germany, to discuss
11
expanding Defendant Alnasser’s then life coaching practice (“Practice”). The two individuals agreed
12
to work together in the development and expansion of the Practice in the Middle East with specific
13 focus on the Arabian Gulf (i.e., Persian Gulf). It was agreed Plaintiff would provide the behind the
14 scenes operational aspects of the Practice while Defendant Alnasser would focus projecting being the
15 highly successful Saudi female professional public image of the Practice. In 2016, and thereafter by

16
further oral agreement and conduct, Plaintiff and Defendant Alnasser ultimately orally agreed to the
following key terms of their relationship (“Agreement”):
17
12.1 Plaintiff would be treated as an independent contract, as opposed to an
18
employee or partner, but would be an officer of any new company set up in the future with respect to
19 the Practice (i.e., Defendant Sumaya LLC);
20 12.2 Plaintiff would receive a regular, base compensation in the form of an IRS 1099,
21 which amount Plaintiff and Defendant Alnasser would mutually agree upon from time to time;

22 12.3 In addition to the regular, base compensation discussed in Subsection 12.2

above, Plaintiff had an unconditional right to, and would receive, 50% of the gross annual revenue
23
from the Practice, which amount was in excess of the gross annual revenue of the Practice before
24
Plaintiff and Defendant Alnasser commenced working together in 2016;
25
12.4 To foster an image of a highly successful lifestyle for Defendant Alnasser (the
26 face of the Practice) to the general public, Plaintiff and Defendant Alnasser agreed their joint
27 percentage of gross annual revenues (i.e., 50% / 50%) would be reinvested into the Practice over the

28 next 3 years (i.e. 2017,2018, and 2019); provided, however, at the end of the 3 year reinvestment
3

Complaint
 1 period (commencing January 2020 and thereafter), Plaintiff and Defendant Alnasser would sit down
2 together and do an accurate and complete accounting, divide up the existing assets generated by the

3 Practice during the 3 year reinvestment period and, from that point forward (January 2020 forward),
discontinue the reinvest plan and commence splitting the net profits of the Practice equally (50% /
4
50%) between Plaintiff and Defendant Alnasser;
5
12.5 To pay for the expenditures of the Practice, Plaintiff and Defendant Alnasser
6
would from time to time mutually agree upon the expenses or capital investments to be incurred,
7 which agreed expenses and capital investments would result in reducing the gross annual revenue
8 down to the annual net profits, which Plaintiff and Defendant Alnasser shared equally (50% / 50%);

9 12.6 As to the assets created by the expenses and capital investments, and annual net
profits described in Subsection 12.5 above, Plaintiff and Defendant Alnasser each held an equal 50%
10
interest in all of such items or amounts, regardless whether the asset was held jointly or by one or the
11
other, or held by a third person or entity for the benefit of one individual or both individuals;
12
12.7 As between them, Plaintiff would take the lead on all operational aspects of the
13 Practice and, in turn, Defendant Alnasser would take the lead on all public interaction aspects of the
14 Practice (e.g., promoting the image of a highly successful lifestyle of both herself and the Practice),
15 provided, however, all decisions affecting the Practice would be unanimous;

16
12.8 As between them, there was to be complete, unconditional transparency as to all
Practice related matters, without exception;
17
12.9 With all aspects of the Practice, Plaintiff and Defendant Alnasser would tender
18
unconditional loyalty to the other individual;
19
12.10 During the term of the Agreement, Plaintiff could, at her sole discretion, set up
20 or assist other competitive businesses; provided, however, a competitive business was not doing
21 business in or generating business from in the Arabian Gulf (i.e., Persian Gulf);

22 12.11 If either individual wanted to end their relationship, they could termination the
relationship upon notice to the other and for any reason; provided, however, the effective date of
23
termination would not be any sooner than after the complete, mutually agreed separation of assets as
24
described in Subsection 12.12 below;
25
12.12 Upon notice of termination described in Subsection 12.11 above, Plaintiff and
26 Defendant Alnasser would, in good faith, within 60 days following notice of termination complete the
27 dividing up of all assets and monies generated by the Practice, including, but not limited to, assets held

28 by either individual, or held by any other person or entity (e.g., Defendant Sumaya LLC, etc.) for the
4

Complaint
 1 benefit of either individual, the goodwill of the Practice, the residual future revenues from the Practice,
2 and otherwise.

3
12.13 Each individual reserved all legal rights under the law.
12.14 If either or both Plaintiff and Defendant Alnasser set up a corporation or similar
4
entity (i.e., Defendant Sumaya LL), that entity would be obligated to the terms of their Agreement and
5
each individual would have a 50% interest in any such entity.
6 Since commencement of their Agreement in 2016 to the present (as of filing this Complaint), there has
7 been no modification to the above described key terms of their oral and implied Agreement.
8 13. On or about July 2016, Plaintiff and Defendant Alnasser set up Defendant Sumaya

9 LLC, with Alnasser identified as the sole member and manager for purposes of public image and,
pursuant to the Agreement, Plaintiff and Alnasser each had a 50% ownership interest in Defendant
10
Sumaya LLC and Defendant Sumaya LLC was obligated to the terms of the Agreement.
11
14. Since commencement of the relationship and Agreement between Plaintiff and
12
Defendant Alnasser (and Defendant Sumaya LLC, as applicable), the relationship has been highly
13 financially successful; in 2016 the revenues were approximately $350,000 per month, in 2017 the
14 revenues were approximately $400,000 per month, in 2018 the revenues were approximately $500,000

15 per month, and in 2019 the revenues were approximately $600,000 per month.
15. From 2016 through on or about November, 2019, Plaintiff is informed and believes and
16
thereon alleges based upon the representations by Defendant Alnasser to Plaintiff, there was full
17
compliance by Defendant Alnasser (and Defendant Sumaya LLC, as applicable) with the Agreement.
18
However, on or about November, 2019, with funds generated from the Practice and with the consent of
19 Plaintiff, Defendant Alnasser purchased a home in Westlake Village, California, for approximately
20 $3,000,000 located at 1475 Cheviot Hills Court, Westlake Village, California 91361 (“Home”).
21 Pursuant to the Agreement, title to the Home could be taken by Defendant Alnasser, individually, or

22
by an entity (e.g., Defendant Sumaya LLC, etc.) for the benefit of either Defendant Alnasser and/or
Plaintiff, or by Defendant Alnasser and Plaintiff, jointly (i.e., 50% interest by each individual). In all
23
cases pursuant to the Agreement, Plaintiff has a 50% interest in the Home, regardless of how title to
24
the Home is held. On or about December, 2019, Plaintiff requested Defendant Alnasser to provide
25 Plaintiff with a copy of the deed to the Home. Defendant Alnasser has to date failed and refused to
26 provide a copy of the deed to the Home to Plaintiff, which constitutes a material breach of the
27 Agreement (e.g., failure to be transparent, failure to be loyal, etc.).

28 16. On or about January 2020, Plaintiff requested Defendant Alnasser (and Defendant
5

Complaint
 1 Sumaya, LLC, as applicable) meet to perform the accounting, confirming discontinuation of the 3 year
2 reinvesting plan, divided up between the two individuals the existing assets generated by the Practice,

3
and commence the monthly sharing in the net revenues of the Practice. Defendant Alnasser has to date
failed and refused to comply with Plaintiffs request, which constitutes a material breach of the
4
Agreement (e.g., failure to be transparent, failure to be loyal, failure to account for and divide up
5
assets, etc.).
6 17. A sa proximate result of the improper conduct and breach by Defendants Alnasser and
7 Sumaya LLC, and each of them, Plaintiff has damages in the sum presently unknown to Plaintiff,
8 which Plaintiff is informed and believes and thereon alleges to be in excess of $25,000.00. The

9 improper conduct and breach by Defendants Alnasser and Sumaya LLC is a substantial factor in the
harm to Plaintiff. Plaintiff will seek leave to amend this Complaint when the amount of damages is
10
ascertained or will present such proof at time of trial.
11
ALTER-EGO
12
18. Plaintiff is informed and believes and thereon alleges there exists, and at all times
13 herein mentioned there existed, a unity of interest and ownership between Defendant Alnasser and
14 Defendant Sumaya LLC, such that any individuality and separateness between Defendant Alnasser and

15 Defendant Sumaya LLC have ceased, and Defendant Sumaya LLC is the alter ego of Defendant
Alnasser in that Defendants Alnasser and Sumaya LLC have commingled personal and business
16
matters and Defendant Sumaya LLC has failed to follow the minimum formalities under the law for a
17
limited liability company.
18
19. Plaintiff is informed and believes and thereon alleges adherence to the fiction of the
19 separate existence of Sumaya LLC as an entity distinct from Defendant Alnasser would permit an
20 abuse of the corporate privilege and would sanction fraud or promote injustice in that Defendant
21 Alnasser could improperly hide behind Defendant Sumaya LLC and avoid personal liability.

22 CIVIL CONSPIRACY
20. Plaintiff is informed, believes and thereon alleges on or about December, 2019,
23
Defendants Alnasser, Sumaya LLC and DOE Defendants 51 through 100, and each of them,
24
knowingly and willfully conspired and agreed among themselves to convert and conceal from Plaintiff
25
her 50% ownership in the assets of the Practice and thereby to unlawfully and improperly convert as
26 their own, and for their own financial benefit, Plaintiffs 50% ownership in the assets of the Practice.
27 21. Plaintiff is informed, believes and thereon alleges Defendants Alnasser, Sumaya LLC

28 and DOE Defendants 51 through 100, and each of them, did the acts and things herein alleged pursuant
6

Complaint
 1 to, and furtherance of, the conspiracy and above-alleged agreement.
2 22. Plaintiff is informed, believes and thereon alleges Defendants Alnasser, Sumaya LLC

3
and DOE Defendants 51 through 100, and each of them, furthered the conspiracy by cooperation with
or lent aid and encouragement to or ratified and adopted the acts of the other identified Defendants.
4
23. Plaintiff is informed, believes and thereon alleges that the above-described conspiracy
5
is still continuing.
6 ALLEGATIONS SUPPORTING PUNITIVE DAMAGES
7 24. Based upon the allegations set forth herein, the conduct of Defendants Alnasser,
8 Sumaya LLC and DOE Defendants 51 through 100, and each of them, was willful with malice,

9 oppression and/or fraud. At the time of the commencement of the conspiracy and thereafter,
Defendants Alnasser and Sumaya LLC had/has a fiduciary duty to Plaintiff. For over 3 years,
10
Defendants Alnasser and Sumaya LLC have received the benefits of the relationship with Plaintiff,
11
inclusive of the use and benefits of the substantial assets generated by the Parties joint efforts,
12
including the exclusive efforts of Plaintiff to assist Defendant Alnasser build the Practice. Between the
13 Parties, Defendants Alnasser and Sumaya LLC sit in a position of power over Plaintiff. Now that
14 Defendant Alnasser has secured financial success as a result of the exclusive efforts of Plaintiff,

15 Defendant Alnasser’s gratitude, if any, for the efforts of Plaintiff is shown by constructively discarding
Plaintiff by intentionally failing and refusing to fulfill the same Defendants’ obligations of
16
transparency, loyalty, accounting, division of assets and compliance with the implied covenant of good
17
faith and fair dealing. Defendants’ conduct is not limited to merely ignoring and refusing to disclose,
18
but the intentional and willful conversion of the assets rightfully due Plaintiff.
19 FIRST CAUSE OF ACTION
20 (For Breach of Oral and/or Implied Contract
21 against Defendants Alnasser and Sumaya LLC)

22
25. Plaintiff hereby refers to and incorporates as if fully described herein Paragraphs 1
through 19, inclusive, of this Complaint, which precede this Cause of Action, and makes them a part of
23
this, her First Cause of Action.
24
26. Plaintiff has performed all conditions, covenants, and promises required on her part to
25
be performed in accordance with the terms and conditions of the Agreement described above, except
26 as prohibited by the actions or omissions of Defendants or her/its agents.
27 27. Within the past two years prior to the date of filing this Complaint, in particular on or

28 about December, 2019, and thereafter, Defendants Alnasser and Sumaya, LLC each breached the
7

Complaint
 1 Agreement as described above.
2 28. As a proximate result of the breach by Defendants Alnasser and Sumaya LLC, and each

3 of them, Plaintiff has damages in the sum presently unknown to Plaintiff, which Plaintiff is informed
and believes and thereon alleges to be in excess of $25,000.00. Plaintiff will seek leave to amend this
4
Complaint when the amount is ascertained or will present such proof at time of trial.
5
SECOND CAUSE OF ACTION
6 (Deceit by Suppression of Material Fact against Defendants Alnasser,
7 Sumaya LLC, and All DOE Defendants 51 through 100)
8 29. Plaintiff hereby refers to and incorporates as if fully described herein Paragraphs 1

9 through 24, inclusive, and Paragraphs 40 through 49, inclusive, of this Complaint which precede this
Cause of Action, and makes them a part of this, her Second Cause of Action.
10
30. Defendants Alnasser and Sumaya LLC had/have contractual obligations to Plaintiff to
11
provide Plaintiff with transparency, loyalty, accounting and division of assets with respect to all
12
matters associated with the Practice. Defendants Alnasser and Sumaya LLC knew or should have
13 known of such duties. Plaintiff is informed, believes and thereon alleges all other Defendants (i.e.,
14 DOE Defendants 51 through 100) knew or should have known of such obligations of Defendants
15 Alnasser and Sumaya LLC.

16
31. On or about December, 2019, Plaintiff is informed, believes and thereon alleges
Defendants Alnasser and Sumaya LLC, and each of them, made a decision to, and did in fact,
17
discontinue disclosing material facts required to be disclosed to Plaintiff which conduct violated
18
Defendants’ contractual obligations to Plaintiff. Plaintiff is informed, believes and thereon alleges all
19
other Defendants (i.e., DOE Defendants 51 through 100) knew or should have known of the failure of
20 Defendants Alnasser and Sumaya LLC to disclose the material facts. As of the filing of this
21 Complaint, Plaintiff is aware that Defendants Alnasser and Sumaya LLC failed and refused to disclose

22 the title to the Home and the accounting for the assets of the Practice generated during the 3 year
reinvestment period.
23
32. Plaintiff is informed, believes and thereon alleges Defendants Alnasser, Sumaya LLC
24
and DOE Defendants 51 through 100, and each of them, concealed these material facts from Plaintiff
25
with the intention to convert and conceal from Plaintiff her 50% ownership in the assets of the Practice
26 and thereby to unlawfully and improperly convert as their own, and for their own financial benefit,
27 Plaintiffs 50% ownership in the assets of the Practice. As justifiable reliance on the silence of

28 Defendants, and each of them, Plaintiff continued to work on Practice matters, and not take immediate
8

Complaint
 1 actions to protect her legal rights, thereby incurring harm. Had Plaintiff known at the time of the
2 falsity of Defendants’ conduct, Plaintiff would have immediately taken steps to protect her legal rights

3
and mitigated her damages.
33. A sa proximate result of Defendants Alnasser, Sumaya LLC and DOE Defendants 51
4
through 100, and each of them, improper conduct alleged hereinabove, Plaintiff has suffered damages
5
in a presently unknown amount but, on information and belief, such damages are in excess of
6 $25,000.00. The improper conduct by Defendants is a substantial factor in the harm to Plaintiff.
7 Plaintiff will seek leave to amend this Complaint when the amount of damages is ascertained or will
8 present such proof at time of trial.

9 34. Plaintiff is informed and believes and thereon alleges that the aforementioned conduct
of the Defendants Alnasser, Sumaya LLC and DOE Defendants 51 through 100, and each of them, was
10
an intentional deceit or concealment of a material fact known to Defendants, and each of them, with
11
the intention on the part of Defendants of thereby depriving Plaintiff of property or legal rights or
12
otherwise causing injury, and was despicable conduct that subjected Plaintiff to a cruel and unjust
13 hardship in conscious disregard of Plaintiff s rights, so as to justify an award of exemplary and
14 punitive damages.

15 THIRD CAUSE OF ACTION

(Breach of Fiduciary Duty Against Defendants Alnasser and Sumaya LLC)
16
35. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1
17
through 24, inclusive, Paragraphs 29 through 34, inclusive, and Paragraphs 40 through 49, inclusive, of
18
this Complaint, which precede this cause of action, and makes them a part of this, her Third Cause of
19 Action.
20 36. By the parties’ Agreement, Defendants Alnasser and Sumaya LLC had/have a
21 contractual obligation of loyalty to Plaintiff, which in turn gives rise to a fiduciary duty to Plaintiff of

22
loyalty.
37. Defendants Alnasser and Sumaya, LLC intentionally breached her/its fiduciary duty to
23
Plaintiff, with intent to deceive, by doing the acts and omissions alleged herein, including, but not
24
limited to, converting and concealing from Plaintiff her 50% ownership in the assets of the Practice
25
and thereby to unlawfully and improperly convert as their own, and for their own financial benefit,
26 Plaintiffs 50% ownership in the assets of the Practice.
27 38. A sa proximate result of Defendants, and each of them, improper conduct alleged

28 hereinabove, Plaintiff has suffered damages in a presently unknown amount but, on information and
9

Complaint
 1 belief, such damages are in excess of $25,000.00. The improper conduct by Defendants is a substantial
2 factor in the harm to Plaintiff. Plaintiff will seek leave to amend this Complaint when the amount of

3
damages is ascertained or will present such proof at time of trial.
39. Plaintiff is informed, believe and thereon allege that the aforementioned acts of
4
Defendants, and each of them, were willful and malicious. Plaintiff is informed, believes and thereon
5
alleges that Plaintiff is therefore entitled to punitive damages.
6 FOURTH CAUSE OF ACTION
7 (Conversion against Defendants Alnasser,
8 Sumaya LLC, and All DOE Defendants 51 through 100)

9 40. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1
through 24, inclusive, and Paragraphs 29 through 39, inclusive, of this Complaint, which precede this
10
cause of action, and makes them a part of this, her Fourth Cause of Action.
11
41. On or about December, 2019, Defendants Alnasser, Sumaya LLC and DOE Defendants
12
51 through 100, and each of them, wrongfully and unlawfully converted from Plaintiff her 50%
13 ownership in the assets of the Practice and thereby to unlawfully and improperly convert as their own,
14 and for their own financial benefit, Plaintiffs 50% ownership in the assets of the Practice.

15 42 On or about March 23, 2020, Plaintiff orally demanded the immediate accounting,
identification and return of Plaintiff s 50% ownership in the assets of the Practice and Defendants
16
Alnasser, Sumaya LLC and DOE Defendants 51 through 100, and each of them, cease and deceit use
17
of Plaintiff s 50% ownership in the assets of the Practice, but Defendants, and each of them, failed and
18
refused, and continue to fail and refuse, to return Plaintiffs 50% ownership in the assets of the
19 Practice and/or cease and deceit use of Plaintiff s 50% ownership in the assets of the Practice.
20 43. By virtue of Defendants’ wrongful acts, he/she/it holds the converted assets, and funds
21 generated from the unlawful use, which sum is presently unknown to Plaintiff, as a constructive trustee
for the benefit of Plaintiff.
22
44. By virtue of Defendants’ wrongful acts, Plaintiff is entitled to an accounting for all
23
unlawful possession and/or uses of Plaintiff s 50% ownership in the assets of the Practice and all
24
monies generated by the unlawful possession and/or uses.
25
45. A sa proximate result of Defendants Alnasser, Sumaya LLC and DOE Defendants 51
26 through 100, and each of them, improper conduct alleged hereinabove, Plaintiff has suffered damages
27 in a presently unknown amount but, on information and belief, such damages are in excess of

28 $25,000.00. The improper conduct by Defendants is a substantial factor in the harm to Plaintiff.
10

Complaint
 1 Plaintiff will seek leave to amend this Complaint when the amount of damages is ascertained or will
2 present such proof at time of trial.
46. Defendants’ wrongful conduct, unless and until enjoined and restrained by order of this
3
Court, will cause great and irreparable injury to Plaintiff. Specifically, Defendants, and each of them,
4
will continue to wrongfully and unlawfully use Plaintiffs property, inclusive of transfer Plaintiffs
5
property to undisclosed third parties for future use and financial benefit. In addition, Defendants, and
6 each of them, will (a) transfer Plaintiffs property and/or monies generated from Plaintiffs property to
7 banking, financial and/or other sources outside the United States, inclusive of its territories (e.g., to
8 Saudi Arabia, etc.) to ensure the funds are hidden and uncollectable (eliminating Plaintiffs only source

9 of recovery), and/or (b) transfer Plaintiffs property and/or monies generated from Plaintiffs property
to banking, financial and/or other sources outside the State of California to ensure the funds are hidden
10
and uncollectable (eliminating Plaintiffs only source of recovery), and/or (c) transfer Plaintiffs
11
property and/or monies generated from Plaintiffs property to undisclosed individuals or entities to
12
ensure the funds are hidden and uncollectable (eliminating Plaintiffs only source of recovery).
13 47. Plaintiff has no adequate remedy at law for the injuries alleged above currently being
14 suffered. It will be impossible for Plaintiff to determine the precise amount of damages that she will

15 suffer if Defendants’ conduct is not restrained and/or Plaintiff will be forced to institute a multiplicity
of lawsuits to obtain adequate compensation for his injuries. In addition to the above allegations,
16
pending judgment this Court should impose a constructive trust and accounting upon Defendants, and
17
each of them, as to the conversions and use of Plaintiff s property and/or monies from the use of
18
Plaintiffs property. In addition, this Court should issue an order for attachment.
19 48. As a proximate result of the improper conduct by Defendants Alnasser, Sumaya LLC
20 and DOE Defendants 51 through 100, and each of them, Plaintiff has damages in the sum presently
21 unknown to Plaintiff, which Plaintiff is informed and believes and thereon alleges to be in excess of

22
$25,000.00. Plaintiff will be further damaged in like manner so long as Defendants’ conduct
continues. The full amount of this damage is not now known to Plaintiff. The improper conduct by
23
Defendants is a substantial factor in the harm to Plaintiff. Plaintiff will seek leave to amend this
24
Complaint when the amount is ascertained or will present such proof at time of trial.
25
49. In doing the things herein alleged, Plaintiff is informed, believes and thereon alleges
26 Defendants, and each of them, acted willfully and with the intent to intentionally cause injury to the
27 Plaintiff. Plaintiff is informed, believes and thereon alleges Defendants were therefore guilty of

28 malice, oppression and/or fraud in conscious disregard of Plaintiff s rights, thereby warranting an
11

Complaint
 1 assessment of punitive damages in an amount appropriate to punish Defendants, and each of them, and
2 deter others from engaging in similar misconduct.
FIFTH CAUSE OF ACTION
3
(For Accounting Against Defendants Alnasser,
4
Sumaya LLC, and All DOE Defendants 51 through 100)
5
50. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1
6 through 24, inclusive, and Paragraphs 29 through 49, inclusive, of this Complaint, which precede this
7 cause of action, and makes them a part of this, her Fifth Cause of Action.
8 51. The illegitimate activities by Defendants Alnasser, Sumaya LLC and DOE Defendants

9 51 through 100, and each of them, including, but not limited to, the conversion and the concealment of
financial information and records, make it impossible for Plaintiff to ascertain without an accounting
10
for her 50% ownership in the assets of the Practice.
11
52. On or about January 2020, and thereafter, Plaintiff demanded that Defendants Alnasser,
12
Sumaya LLC and DOE Defendants 51 through 100, and each of them, account for the aforementioned
13 financial activities and transactions alleged hereinabove. Defendants, and each of them, has failed and
14 refused, and continues to fail and refuse, to render the accounting and correct the illegitimate activities.

15 SIXTH CAUSE OF ACTION

(Quiet Title against Defendants Alnasser,
16
Sumaya LLC, and All DOE Defendants 1 through 50)
17
53. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1
18
through 19, inclusive, of this Complaint, which precede this cause of action, and makes them a part of
19 this, her Sixth Cause of Action.
20 54. The Home discussed hereinabove was purchased with funds generated by the Practice
21 to which, pursuant to the Agreement, Plaintiff is entitled to 50% of all assets of the Practice and,

22
accordingly, Plaintiff has a 50% fee simple ownership interest in the Home.
55. Plaintiff is informed, believes and thereon alleges Defendants Alnasser, Sumaya LLC
23
and/or DOE Defendants 1 through 50, and each of them, claims an interest adverse to Plaintiff in the
24
Home as a fee simple owner in whole or in part, or is otherwise unknown.
25 56. The adverse claims described herein are all without any right whatsoever, and no such
26 Defendant has any right, title, estate, lien, or interest whatsoever in the Home or any part of it, except
27 Defendant Alnasser has a 50% fee simple ownership in the Home pursuant to the Agreement (subject

28 to the Parties’ Agreement).

12

Complaint
 1 57. Plaintiff seeks to quiet title to the Home, against all adverse claims of all claimants,
2 known and unknown, as of the date this Complaint was filed. Plaintiff requests title to the Home be

3 established as Plaintiff and Defendant Alnasser, each with a 50% fee simple ownership in the Home;
subject to an accounting and adjustments pursuant to the Parties’ Agreement (e.g., Paragraph 12.4,
4
etc.).
5
SEVENTH CAUSE OF ACTION
6
(Breach of the Implied Covenant to Good Faith
7 and Fair Dealing against Defendants Alnasser and Sumaya LLC)
8 58. Plaintiff hereby refers to and incorporate as if fully described herein Paragraphs 1

9 through 19, inclusive, and Paragraphs 25 through 28, inclusive, of this Complaint, which precede this
cause of action, and makes them a part of this, her Seventh Cause of Action.
10
59. Plaintiff is informed, believes, and thereon alleges that as a matter of California law a
11
covenant of good faith and fair dealing is implied into and is a part of the Parties’ Agreement. Plaintiff
12
is informed, believes, and thereon alleges the covenant required Defendants Alnasser and Sumaya
13 LLC not to do anything which would deprive Plaintiff of the benefits of the Agreement. Plaintiff is
14 informed, believes, and thereon alleges that this covenant imposed upon Defendants, and each of them,
15 a duty to do the following, at a minimum:

16
59.1 A duty to act honestly, and in good faith, in all matters with Plaintiff with
respect to the Parties’ Agreement;
17
59.2 A duty to do everything that the Agreement presupposes that Defendants will do
18
to accomplish the purposes of the Agreement;
19 60. Plaintiff is informed, believes, and thereon alleges that Defendants Alnasser and
20 Sumaya LLC and Plaintiff have a special relationship that was created by the Agreement; the
21 Agreement required Plaintiff and Defendants Alnasser and Sumaya LLC to provide unconditional

22 loyalty and, in addition, Plaintiff to disclose various confidential information to Defendants Alnasser
and Sumaya LLC. Plaintiff was vulnerable to the misconduct of Defendants, and each of them.
23
61. Plaintiff is informed, believes, and thereon alleges that the usual measure of contract
24
damages provided no incentive for Defendants, and each of them, to perform under the contractual
25 relationship.
26 62. Plaintiff is informed, believes, and thereon alleges that the conduct of Defendants, and
27 each of them, constituted a material breach of the covenant of good faith and fair dealing implied into

28 the Parties' Agreement.

13

Complaint
 1 63. Plaintiff is informed, believes, and thereon alleges that prior to the breach of the
2 Agreement by Defendants, Plaintiff had performed all conditions, covenants, and promises required by

3
her on her part to be performed in accordance with the terms and conditions of the Agreement, except
those conditions and terms Plaintiff had been prevented from performing by the actions or omission of
4
Defendants, or her/its agents.
5
64. Plaintiff is informed, believes, and thereon alleges that as a proximate result of the bad
6
faith breach by Defendants, Plaintiff has suffered damages, but in an amount that is presently unknown
7 to Plaintiff, which Plaintiff is informed and believes and thereon alleges to be in excess of $25,000.00.
8 The improper conduct by Defendants is a substantial factor in the harm to Plaintiff. Plaintiff will seek

9 leave to amend this Complaint when the amount is ascertained or will present such proof at time of
trial.
10
WHEREFORE, Plaintiff prays judgment as follows:
11
AS TO THE FIRST CAUSE OF ACTION
12
(Breach of Oral/Implied Contract)
13 65. Plaintiff prays judgment against Defendants Alnasser and Sumaya LLC, jointly and
14 severally, as follows:

15 65.1 For general and/or compensatory damages according to proof;

65.2 For interest as allowed by law;
16
65.3 For costs of suit herein incurred; and
17
65.4 For such other and further relief as the court may deem proper.
18
AS TO THE SECOND CAUSE OF ACTION
19 (Deceit by Suppression of Material Fact)
20 66. Plaintiff prays judgment against Defendants Alnasser, Sumaya LLC, and DOE
21 Defendants 51 through 100, jointly and severally, as follows:

22
66.1 For general damages in a sum according to proof;
66.2 For special damages in a sum according to proof;
23
66.3 For punitive damages according to proof;
24
66.4 For costs of suit herein incurred; and
25 66.5 For such other and further relief as the court may deem proper.
26 AS TO THE THIRD CAUSE OF ACTION
27 (Breach of Fiduciary Duty)

28 67. Plaintiff prays judgment against Defendants Alnasser and Sumaya LLC, jointly and
14

Complaint
 1 severally, as follows:
2 67.1 For damages in the sum according to proof;
67.2 For punitive damages in the same according to proof;
3
67.3 For costs of suit herein incurred; and
4
674 For such other and further relief as the court may deem proper.
5
AS TO THE FOURTH CAUSE OF ACTION
6 (Conversion)
7 68. Plaintiff prays judgment against Defendants Alnasser, Sumaya LLC, and DOE
8 Defendants 51 through 100, jointly and severally, as follows:

9 68.1 For general and/or compensatory damages according to proof;

68.2 For interest according to proof as allowed by law;
10
68.3 For punitive and exemplary damages according to proof;
11
68.4 For one or more orders requiring Defendants, and each of them, to show cause,
12
if any they have, why they should not be enjoined as set forth in this Complaint, during the pendency
13 of this action.
14 68.5 For one or more temporary restraining orders, one or more preliminary

15 injunctions and one or more permanent injunctions, all enjoining Defendants, and each of them, and
their agents, servants, and employees, and all persons acting under, in concert with, or for them:
16
68.5.1 From (a) using Plaintiffs assets and/or (b) transferring Plaintiffs assets
17
to disclosed (known) or undisclosed (e.g., in the name of, etc.) third parties for future use and financial
18
benefit.
19 68.5.2 From (a) transferring monies generated from Plaintiffs assets to
20 banking, financial and/or other sources outside the United States, inclusive of its territories (e.g., to
21 Saudi Arabia, etc.), and/or (b) transferring monies generated from Plaintiffs assets to banking,

22
financial and/or other sources outside the State of California, and/or (c) transferring monies generated
from Plaintiffs assets to disclosed (known) or undisclosed individuals or entities.
23
68.5.3 Ordering a constructive trust, and/or from transferring any assets or
24
funds held in the constructive trust and providing an accurate and complete accounting.
25 68.5.4 Ordering an attachment of applicable assets of the Defendants, or each of
26 them, inclusive of assets held by other parties for the benefit of Defendants, jointly or severally.
27 68.5.5 Ordering such other matters as circumstances may require for justice to

28 be served.
15

Complaint
 1 68.6 If and as applicable, for interest according to proof as allowed by law;
2 68.7 For costs of suit herein incurred; and

3
68.8 For such other and further relief as the court may deem proper.
AS TO THE FIFTH CAUSE OF ACTION
4
(Accounting)
5
69. Plaintiff prays judgment against Defendants Alnasser and Sumaya LLC, jointly and
6
severally, as follows:
7 69.1 For an accounting between Plaintiff and Defendants;
8 69.2 For costs of suit herein incurred; and

9 69.3 For such other and further relief as the court may deem proper.
AS TO THE SIXTH CAUSE OF ACTION
10
(Quiet Title)
11
70. Plaintiff prays judgment against Defendants Alnasser, Sumaya LLC, and DOE
12
Defendants 1 through 50, jointly and severally, as follows:
13 70.1 That Plaintiff is the owner in fee simple, whether in whole or in part o
14 Home, and that no Defendant has any interest in the property adverse to Plaintiff;

15 70.2 For costs of suit herein incurred; and

70.3 For such other and further relief as the court may deem proper.
16
AS TO THE SEVENTH CAUSE OF ACTON
17
(Breach of Implied Covenant of Good Faith and Fair Dealing)
18
71. Plaintiff prays judgment against Defendants Alnasser and Sumaya LLC, jointly and
19 severally, as follows:
20 71.1 For damages according to proof;
21 71.2 For costs of suit herein incurred; and

22
71.3 For such other and furf’ ' 1

23
Dated: March
24

25

26 \\

27 \\

28 w
16

Complaint
 1 DEMAND FOR JURY TRIAL
2
73. Plaintiff hereby demands trial by jury.
3
Dated: M a r c h 2020
4
James L,
5 Atto:

8 I, Shay Serdy, am the Plaintiff in the above-entitled action. I have read the foregoing

9 Complaint and know the contents thereof. The same is true of my own knowledge, except as to those
matters which are therein stated on information and belief, and as to those matters, I believe it to be
10
true.
11
I declare under penalty of perjury under the laws of the State of California that the following is
12
true and correct. Executed March 26, 2020, in Los Angeles, California.
13

14
Shay Serdy
15

16

17

18

19

20

21

22

23

24

25

26

27

28
17

Complaint
 DEMAND FOR JllR Y TRIAL:

53. platottfffcwcby demands trial hyjwy.

Dated: March_, 2020 By:...... „ ....—

James L, Reynolds, Esq.
Attorney for Plaintiff Shay Sivt&f

VlRiaCATtQN

ST'-jN I, Shay Serdy, am the "Plaintiff in theabove»en®led action, T hRy* read the foregoing
Complaint and,know tlie contents thereof. The same is true of my own knowledge, except as to these
matters which are therein stated on information and belief, and as to those matters I believe it to be
true. *
1declare under penalty of perjury under the laws of the State of Galifpmia that the following is
true and correct. Executed March 26, 2020, in Eos Angeles, California.

.Jfe
Snay Serd

17

CojnpMst

r* x