Quote:
Originally Posted by BobG
was it just one big mis-understanding or was he actually conspiring to steal from you?
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facts:
dissipate brokerd a deal between myself and mike hood for 10k
i never got a single hit in over a month.
after i kept pressuring nick doucette aka dissipate (broker) which did get his 2k comission, he refused to help me try and get either my traffic or my money back.
I spoke to mike hood on the phone 2 days ago maybe yesterday i forget, and he promised to pay it back that day via direct deposit at the branch at the bank, and never did.
allot of other details that i could go into like the fact he owes many others (mainly programs) money still, but i wont.
copy of my pending lawsuit is below. will be filed on friday or monday at the latest. mike knows he can pay me 10k out of court or 20k in court with damages.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE
EPIC CASH, LLC, a California limited liability company,
Plaintiff,
vs.
MICHAEL HOOD, d/b/a o9o, a California resident,
Defendant. CASE NO. _________________
COMPLAINT FOR
(1) BREACH OF CONTRACT,
(2) CONVERSION, and
(3) FRAUD
EPIC CASH, LLC hereby alleges for its complaint, against MICHAEL HOOD, on personal knowledge as to its own activities, and on information and belief as to the activities of others, as follows:
I. PARTIES
1.1. Plaintiff EPIC CASH, LLC (?Epic?) is a corporation organized and in good standing under the laws of the state of California, duly authorized to transact business in the state of Washington, with its principal place of business located at 2 North Second Street, Ste. 380, San Jose, CA 95113.
1.2. Defendant MICHAEL HOOD (?Hood?) is an individual residing at ""left out for his saftey"". Hood conducts business in the state of California, and committed several acts giving rise to the causes of action alleged herein in the state of California.
II. JURISDICTION AND VENUE
2.1. This Court has original jurisdiction over the subject matter of this action pursuant to Cal. Civil Code Section 410-10.
2.2. This Court has general and specific jurisdiction over the Defendant due to his systematic and continuous activity within the state of California, and pursuant to the California state long arm statute.
2.3. Venue for this action is proper in Orange County Superior Court under Cal. Civil Code Section 392-403. Orange County is where Defendant committed fraud; where Plaintiff Epic transmitted the funds to Defendant; and where Defendant entered into the contract at issue.
III. FACTS COMMON TO ALL COUNTS
Background ? Epic and Hood
3.1. Epic operates the Web site accessible via <www.epiccash.com> from which it offers the highest quality Internet-based adult entertainment services. Epic allows users to opt-in to receive information regarding various services.
3.2. Epic engages in lawful marketing efforts to drive traffic to its websites.
3.3. Epic was approached (via an agent) by Hood, who claimed to have a lawful and foolproof way of driving users (traffic) to websites.
The Agreement
3.4. Epic and Defendant negotiated with respect to an agreement (the ?Agreement?) pursuant to which Defendant would drive traffic to the Site in exchange for the payment of fees (?Fees?) by Epic.
3.5. After extensive negotiations, Epic and Defendant entered into a written Agreement with respect to the foregoing arrangement.
3.6. Defendant represented at all times that Defendant was a valid corporation and had performed these types of services in the past.
3.7. Defendant further represented that Defendant would perform these services or return the Fees.
3.8. The Agreement specifically provided that Epic could terminate the Agreement, and upon termination demand return of any unused Fees, along with any interest.
3.9. Epic wired ten thousand dollars ($10,000.00) to Defendant after execution of the Agreement.
3.10. Defendant has not provided any services under the Agreement - there was not been any Traffic attributable to Defendant?s efforts.
3.11. Epic terminated the Agreement and has demanded return of the Fees.
3.12. Defendant has refused to return the Fees to Epic.
IV. FIRST CAUSE OF ACTION: BREACH OF CONTRACT
4.1. Epic incorporates the allegations set forth in paragraphs 1.1
through 3.12 above as though fully set forth herein.
4.2. The Agreement is a valid, binding, and executory contract between Epic on the one hand, and Defendant, on the other hand.
4.3. Pursuant to the Agreement, Defendant is contractually obligated to perform the Services or return the Fees.
4.4. As of the date of this Complaint, Defendant has not performed the Services. Epic exercised its rights under the Agreement to terminate the Agreement and for a refund of the Fees, but Defendant has not paid such Fees.
4.5. Defendant breached its representation that it is a valid corporation in the State of California.
4.6. Each of the above alleged breaches by Defendant of the Agreement constitutes a material breach.
4.7. As a proximate result of Defendant?s material breaches of the Agreement, Epic has suffered damages including the dollar amount of the Fees, and the loss of benefit of the bargain.
4.8. Accordingly, Epic requests the Court enter a judgment in its favor and issue an order requiring Defendant (i) disgorge any ill-gotten gains; (ii) to provide an accounting of all Fees spent by Defendant; (iii) to pay Epic money damages consisting of the revenues gleaned from the expenditure of such Fees; and (iv) to pay Epic?s costs and attorneys? fees incurred to prevail in this cause of action.
V. SECOND CAUSE OF ACTION: CONVERSION
5.1. Epic incorporates the allegations set forth in paragraphs 1.1 through 4.8 above as though fully set forth herein.
5.2. Defendant willfully and without legal justification deprived Epic of certain Traffic and the benefit of the Fees, to which Epic is rightfully entitled.
5.3. Defendant has misappropriated said Traffic and Fees and utilized the Fees for its own benefit and to the detriment of Epic.
5.4. As the proximate result of Defendant?s conversion, Epic has suffered damages including the dollar amount of the Fees.
5.5. Epic is entitled to recover from Defendant the damages it has sustained and will sustain as a result of Defendant?s conversion, in addition to the relief sought elsewhere herein.
VI. THIRD CAUSE OF ACTION: FRAUD
6.1. Epic incorporates the allegations set forth in paragraphs 1.1 through 5.5 above as though fully set forth herein.
6.2. Defendant represented to Epic that he would perform the Services in consideration of and in accordance with the terms of the Agreement.
6.3. Defendant induced Epic into paying based on Defendant?s false representations of performance.
6.4. Defendant had no intention of performing at the time Defendant made these statements.
6.5. Relying on Defendant?s misrepresentations, Epic paid the Fees to Defendant.
6.6. As the proximate result of Defendant?s conduct, Epic has suffered damages including the dollar amount of the Fees, and has lost standing in the community.
6.7. Epic is entitled to recover from Defendant the damages it has
sustained and will sustain as a result of Defendant?s fraud, in addition to the relief sought elsewhere herein.
VII. RELIEF REQUESTED
WHEREFORE, Plaintiff Epic prays for the following relief:
1. Money Damages in the Amount of the Unpaid Commissions and Non-refundable Advance. That the Court award Epic money damages consisting of the total amount of Fees, lost Traffic, profits, and interest accrued thereon.
2. Punitive Damages. Punitive damages on account of Defendant?s tortuous and bad faith conduct.
3. Costs. That the Court award costs of this action to Epic.
4. Attorneys? Fees. That the Court award Epic its reasonable attorneys? fees.
5. Constructive Trust. That the Court impose a constructive trust over the assets of Defendant, and ultimately for the benefit of Epic to satisfy a judgment herein.
6. Other Equitable Relief. That the Court grants such other and further relief to Epic as it shall deem just and equitable.
DATED this __ June, 2007.