GHAZIAN LAW GROUP NIKI GHAZIAN, SBN PATRICK SANTOS, SBN Century Park East Seventeenth Floor #0 Los Angeles, CA 00 Phone: () 0- Attorneys for Plaintiff NICHOLAS GOODWIN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT NICHOLAS GOODWIN, an individual, v. Plaintiff, JONATHAN PAUL MANZIEL, an individual; and DOES 1-0, inclusive, Defendants. CASE NO.: FOR DAMAGES FOR: 1. BREACH OF CONTRACT;. NEGLIGENCE;. FRAUD;. CONVERSION; and. TRESPASS TO CHATTEL; DEMAND FOR JURY TRIAL COMES NOW Plaintiff NICHOLAS GOODWIN and hereby alleges: PARTIES 1. Plaintiff NICHOLAS GOODWIN ( Plaintiff ) is an individual who now, and at all times mentioned herein and relevant hereto, has resided in the County of Los Angeles, State of California
. Defendant JONATHAN PAUL MANZIEL ( Defendant and/or MANZIEL ) is an individual whose exact place of residence is unknown at this time.. Plaintiff is ignorant of the true names or capacities of the defendants sued herein under the fictitious names of DOES 1 through 0, inclusive. Plaintiff alleges that each of the fictitiously named Defendants are in some manner legally responsible for the events and damages Plaintiffs allege in this complaint, and contributed to the wrongs and damages alleged herein.. Plaintiff is informed and believes, and thereon alleges, at all times mentioned herein, each Defendant was the principal, agent, representative, partner or co-conspirator of all other Defendants, and that in doing the acts alleged, each Defendant was acting within the course and scope of its agency, employment, partnership, conspiracy, or other authorized relationship with the all other Defendants and with the permission and ratification of all other Defendants. Whenever and wherever reference is made in this Complaint to any acts of any Defendant, such allegations and references shall also be deemed to mean the acts of each other Defendant acting individually, jointly, or severally.. At all times mentioned in this Complaint, Plaintiff had the legal right to possess, control, and rent the house located at Passmore Drive, Los Angeles, California ( House ).. On or about April,, Plaintiff was contacted by an individual named Travis, who expressed interest in renting the House.. Upon meeting Travis in person, Travis revealed to Plaintiff that he was in fact Defendant, MANZIEL. THE RENTAL AGREEMENT. On or about April,, Plaintiff and Defendant entered into an rental agreement which consisted of the following essential terms: (a) That Defendant would rent the House from Plaintiff for two () nights specifically, April, and April,,at a rate of $1,.00 per night, or $,0.00 total; and - 1 -
(b) That the rental property was to be used strictly for Defendant s personal enjoyment, that there was to be no more than fifteen guests at the House at any time during the rental, and that if the number of guests at the House ever exceeded, Defendant would be required to pay to Plaintiff an additional fee of $,000.00 for each night on which the number of guests exceeded fifteen ( Event Fee ).. On April,, Defendant paid the Rental Fee to Plaintiff and took possession of the House under the terms of the Rental Agreement.. Throughout the time that Defendant occupied the House, Defendant threw large parties and allowed multiple guests to enter the House. On both April and April,, Defendant allowed more than fifteen guests to party at the House.. Plaintiff is informed and believes, and thereon alleges, that Defendant and his guests were consuming drugs and alcohol on the property, and that they caused a disturbance to the neighborhood which resulted in the Los Angeles Police Department being summoned to the property on the morning of April,.. Plaintiff is informed and believes, and thereon alleges, that Defendants use and possession of narcotics on the premises, necessitated hazardous material clean up, to properly dispose of the substances left behind.. Defendant and his guests caused extensive property damage to the House and the personal property contained therein. - -
FIRST CAUSE OF ACTION BREACH OF CONTRACT. Plaintiff incorporates herein by reference all prior paragraphs of this Complaint, as. The parties entered into the Rental Agreement as set forth above and incorporated here. On April,, Defendant paid the Rental Fee to Plaintiff and took possession of the House under the terms set out above.. Throughout the time that Defendant occupied the House, he threw large parties and allowed multiple guests to enter the House. On both April and April,, Defendant allowed more than fifteen guests to party at the House. Consequently, Defendant became obligated to pay Plaintiff $,000.00, representing the sum of $,000 for each of the two nights on which Defendant had more than guests at the House.. Plaintiff has since demanded that Defendant pay the required $,000.00 in fees.. To date, Defendant has refused to pay the fees. By failing to pay the fees, Defendant has breached the Rental Agreement.. Plaintiff is therefore entitled to be paid the full amount due under the Rental Agreement, or $,000.00.. Plaintiff has performed all obligations to Defendant except those obligations, if any, which Plaintiff was prevented or excused from performing. - -
SECOND CAUSE OF ACTION NEGLIGENCE. Plaintiff incorporates herein by reference all prior paragraphs of this Complaint, as. Defendants, and each of them, owed Plaintiff the basic duty to use reasonable care while occupying the House in order to prevent harm to the contents of the House.. Defendants, and each of them, breached that duty by, among other things, acting recklessly and carelessly while occupying the House.. Defendant acted in a manner inconsistent with the manner in which a reasonably careful person would have acted in a similar situation. Specifically, Defendants, and each of them, recklessly and carelessly caused several items Plaintiff s personal property to be destroyed.. During and throughout the time that Defendant occupied the House under the terms of the Rental Agreement, the House contained multiple items of personal property. The following is a list of each such items of personal property relevant to this Complaint, along with each item s Fair Market Value listed in parentheses, with a combined total value of $,0: (a) a sisal carpet, located in the downstairs living room ($,000.00); (b) a sisal carpet, located in the upstairs master bedroom ($,00.00); (c) a glass table ($,00.00); (d) a bathroom door ($0.00); (e) a set of drinking glasses ($0.00); (f) two () cowhide rugs ($00 each); (g) two () chairs kept at the kitchen table ($0 each); (h) a collection of outdoor patio furniture ($00); (i) a large couch, located in the living room ($,0); (j) a wooden statue, located in the living room ($00); (k) a one-of-a-kind metal stool with leather seat, located at the bar ($00); and (l) damaged walls throughout home which require repair and repainting ($,00). - -
. At all times mentioned in this Complaint, Plaintiff possessed and/or had a right to possess all of the items of personal property listed in the previous paragraph. (Collectively, all of the items of personal property listed in the previous paragraph shall be referred to as Plaintiff s Personal Property. Individually, each item of Plaintiff s Personal Property listed in the previous paragraph shall be referred to as an Item. ). Defendants, and each of them, caused the destruction of each of the foregoing Items of Plaintiff s Personal Property by acting recklessly and carelessly while occupying the House... Plaintiff was harmed by the negligence in the manner herein alleged and the negligence of Defendants, and each of them, was a substantial factor in causing Plaintiff s harm.. Plaintiff hereby prays for compensatory damages, including the sum of each Item s Fair Market Value at the time the Item was destroyed. Additionally, Plaintiff prays for compensatory damages, in an amount according to proof, for each of the following items: (i) lost profits; and (ii) loss of use. THIRD CAUSE OF ACTION FRAUD 0. Plaintiff incorporates herein by reference all prior paragraphs of this Complaint, as 1. Defendant represented to Plaintiff that he would be renting the House out for personal use, and that the person capacity would not be exceeded.. On or about April,, Defendant represented that he would be watching movies and going to sleep early during his stay at the House.. Defendant knew that his representations were false at the time they were made because, as Plaintiff would later discover, Defendant was already in the process of planning his large parties that would later take place on April,. - -
. Despite his representations to Plaintiff regarding personal use of the House, Defendant was actually and concurrently contacting others to facilitate the planning of the large parties he was orchestrating during his stay.. Defendant knew his representations were false at the time he made such representations.. Defendant made these intentional misrepresentations, with no regard for the truth, so as to induce Plaintiff to rent the House to him at a lower price that did not include an event fee.. Plaintiff relied on Defendant s misrepresentations and did so reasonably, since Plaintiff had no reason to believe otherwise.. Plaintiff s reliance of Defendant s misrepresentations was a substantial factor in the harm he suffered. Furthermore, Defendant s misrepresentations, concealment of facts, and false promises were oppressive, coercive, and malicious within the meaning of California Civil Code 0, in that there were willful with conscious disregard of Plaintiff s rights to his personal property and subjected Plaintiff to unjust hardship. Plaintiff is therefore entitled to an award of punitive damages. FOURTH CAUSE OF ACTION CONVERSION. Plaintiff incorporates herein by reference all prior paragraphs of this Complaint, as 0. During and throughout the time that Defendant occupied the House, pursuant to the terms of the Rental Agreement, the House contained multiple items of personal property, as set out above. 1. At all times mentioned in this Complaint, Plaintiff possessed and/or had a right to possess all of the items of personal property listed in the previous paragraph.. Defendants, and each of them, intentionally and substantially interfered with Plaintiff s Personal Property by destroying each and every Item of Plaintiff s Personal Property. - -
. Plaintiff did not consent to the interference and was harmed by the interference.. The conduct of Defendants, and each of them, was a substantial factor in causing Plaintiff s harm.. Plaintiff hereby prays for compensatory damages, to wit, the fair market value at the time the Item was destroyed. Additionally, Plaintiff prays for compensatory damages, in an amount according to proof, for each of the following items: (i) lost profits; and (ii) loss of use. FIFTH CAUSE OF ACTION TRESPASS TO CHATTEL. Plaintiff incorporates herein by reference all prior paragraphs of this Complaint, as. During and throughout the time that Defendant occupied the House under the terms of the Rental Agreement, the House contained multiple items of personal property, as set out above.. Defendant intentionally and substantially interfered with Plaintiff s right of ownership to Plaintiff s Personal Property, by unlawfully destroying, damaging, and misplacing them. Defendant has refused to return or replace Plaintiff s Personal Property despite Plaintiff s demands.. Plaintiff never consented to Defendant taking control of Plaintiff s Personal Property. 0. Plaintiff was harmed by Defendant s conduct and refusal to replace or return Plaintiff s Personal Property. The conduct of Defendants, and each of them, was a substantial factor in causing Plaintiff s harm. 1. Plaintiff hereby prays for compensatory damages, including the sum of each Item s fair market value at the moment just before the Item was destroyed. // // - -
PRAYER WHEREFORE, in addition to any and all prayers listed elsewhere in this Complaint, Plaintiff prays for the following relief: 1. For general damages in an amount according to proof;. For special damages in an amount according to proof;. With respect to First Cause of Action, Plaintiff hereby prays for money damages in the amount of $,000.00.. With respect to Second Cause of Action, Plaintiff hereby prays for money damages in the amount of $0,000.00.. With respect to Fourth Cause of Action, Plaintiff hereby prays for damages in the amount of $0,000.00.. With respect to Fifth Cause of Action, Plaintiff hereby prays for damages in the amount of $0,000.00. and damages.. For punitive damages on the third and fourth causes of action;. For pre-judgment interest;. For costs of suit incurred herein;. For reasonable attorney s fees under statute or contract, if applicable, and; For such other and further relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury as to the entire action and all issues, claims for relief, Dated: June, Respectfully submitted, GHAZIAN LAW GROUP By: NIKI GHAZIAN PATRICK SANTOS Attorneys for Plaintiff NICHOLAS GOODWIN - -