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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

PACIFIC EMPLOYERS INSURANCE COMPANY v. CSIRY INC. et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
BC499189 Search Pacer
ACE Group party(s): 
Court Type: 
State
State Court: 
California.Supeior Court (Los Angeles County)
Date Filed: 
Jan 16 2013

"FIRST CAUSE OF ACTION
(Creditor's Suit In Aid of Enforcement Of Judgment
Against All Defendants By Plaintiff)

13. Plaintiff hereby incorporates by reference paragraphs 1 through 12, inclusive, of this Complaint as if set forth in full in this paragraph.

14. Plaintiff is informed and believes and based thereon alleges that, at all times relevant hereto, a unity of interest has existed between Defendants such that any separateness between the Defendants has ceased and that it would sanction a fraud or promote an injustice if the separateness of the Defendants were recognized. Plaintiff is informed and believes and based thereon alleges that, at all times relevant hereto, that the entity Defendants have been used by the individual Defendants as subterfuges for illegal, fraudulent and/or otherwise wrongful transactions. Plaintiff is informed and believes and based thereon alleges that Defendants are successors in interest to a party liable to Plaintiff. Defendants State Organizations Inc., CSIRY Inc. and Siry Haus Incorporated are mere shells, instrumentalities or conduits for a single venture, common enterprise, or business of Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and other fictitiously named natural person Defendants. Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and other fictitiously named natural person Defendants as the identified equitable owner(s) of Defendants State Organizations Inc., CSIRY Inc. and Siry Haus Incorporated, dominate(s) and control(s) the two entities. Defendants Chenais Siry and Shervin Nowrooz aka Shawn Nowrooz is/are the only officer(s), director(s) and manager(s) with any actual authority over the entities and is/are the person(s) responsible for supervision and management of the entities. The common enterprise operated by Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, hawks exercise equipment through the website(s), stateorganizationsinc.com and securityparkingservices.com and through one or more common trade or business names, including "City Private Security" and "Security & Parking Services". Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and Does 1 through 100, inclusive, use the same principal offices and business locations situated at "11601 Wilshire Boulevard, Suite 500, Los Angeles, California 90025" and "11704 Wilshire Blvd, Los Angeles, CA 90025". Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry,] Shervin Nowrooz aka Shawn Nowrooz, and Does 1 through 100, inclusive, use the same primary telephone number. Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and Does 1 through 100, inclusive, use the same Private Patrol Operators License No. 16032 issued by the California Bureau of Security and Investigative Services. Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and other fictitiously named natural person Defendants employ the same employees. The natural persons operating "City Private Security" and "Security & Parking Services" have abandoned the use of the corporation known as "State Organizations Inc." in favor of corporations known as "CSIRY Inc." and "Siry Haus Incorporated". Given the timing of the transfer of the business assets in relation to the date of entry of the Judgment,, coupled with the abandonment of the use of the corporations known as "State Organizations Inc." in favor of the corporations known as "CSIRY Inc." and "Siry Haus Incorporated", the reasonable nference can be drawn that the use of Defendant Siry Haus Incorporated by the natural persons operating "City Private Security" and "Security & Parking Services", including Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and other fictitiously named natural person Defendants, is part of a scheme to hinder, delay and defraud creditors, including Plaintiff. Defendants CSIRY Inc., Siry Haus Incorporated, Chenais Siry, and Shervin Nowrooz aka Shawn Nowrooz have participated in the fraudulent transfer of the business assets of Defendant State Organizations Inc. by continuing to operate the business of "City Private Security" and "Security & Parking Services" for their personal financial gain after the abandonment of the use of the corporation known as "State Organizations Inc.". Defendants State Organizations Inc., CSIRY Inc. and Siry Haus Incorporated are mere subterfuges employed by Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, for the illegal and fraudulent purpose and general plan of allowing Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, to escape liability for the debts and obligations of their personal business venture, while at the same time allowing Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, to enjoy and retain the benefits of ownership and possession of the equitable and beneficial interest in the assets ostensibly standing in the names of Defendants State Organizations Inc., CSIRY Inc., and Siry Haus Incorporated Notwithstanding its form, the substance of the use of Defendants State Organizations Inc., CSIRY Inc., and Siry Haus Incorporated by Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, as subterfuges was a single step in that general plan made with actual intent to hinder, delay or defraud present and future creditors of Defendant State Organizations Inc., including Plaintiff, in the collection of their claims against Defendants State Organizations Inc. In sum, Defendants State Organizations Inc., CSIRY Inc., and Siry Haus Incorporated are being used by Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, to perpetrate a fraud, circumvent a statute, or accomplish some other wrongful or inequitable purpose and must, therefore, be disregarded and their acts treated as if they were done by Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and Does 1 through 100, inclusive, alone. These multilateral transactions involving Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and Does through 100, inclusive, should be collapsed" and treated as phases of a single transaction involving a single venture, common enterprise, or business being conducted by Defendants State Organizations Inc., CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and Does 1 through 100, inclusive, as jointly and severally liable parties without the protection generally afforded to the owners of limited liability forms of entities. As a result, Defendants are alter egos of one another, successors in interest, or joint venturers in a single venture, common enterprise, or business and, therefore, are jointly and severally liable for the debts, obligations and duties of one another. Plaintiff is informed and believes and based thereon alleges that the damage claim of Plaintiff is separate and distinct from any damage claim of the entirety of the class of the entity Defendants' creditors in that Plaintiff was the specific and particularized target of Defendants' illegal, fraudulent and/or otherwise wrongful conduct.

15. By virtue of the foregoing, Plaintiff is informed and believes and thereon alleges that Defendant State Organizations Inc. has an interest, whether legal, equitable and/or beneficial, in all property in the possession, or under the control, of the other Defendants, and each of them, pertaining to the business known as "City Private Security" and "Security & Parking Services" and operated at "11601 Wilshire Boulevard, Suite 500, Los Angeles, California 90025" and "11704 Wilshire Blvd, Los Angeles, CA 90025", including, without limitation, real property interests, leasehold interests, inventory, equipment and other tangible personal property of a going business, furniture, fixtures, chattel paper, instruments, negotiable documents of title, deposit accounts, accounts receivable, general intangibles, payment rights, and other intangibles such as goodwill of a going concern, advertising ideas, style of doing business, domain names, to wit: stateorganizationsinc.com and securityparkingservices.com, website content, employee relationships, client relationships, insurance company relationships, and professional relationships, as well as cash on hand (the Property").

16. Plaintiff is informed and believes and thereon alleges that Defendants CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and Does 1 through 100, inclusive, have possession or control of the Property and claim an interest in the Property adverse to Plaintiff.

17. Plaintiff is informed and believes and thereon alleges that Plaintiff is entitled to a judgment, order and decree directing that the interest of Defendant State Organizations Inc. in the Property, be applied in its entirety, or such percentage as the Court may determine, in satisfaction of the BC473339 Judgment and the 12C02218 Judgment.

SECOND CAUSE OF ACTION
(Declaratory Relief Re: Determination of Validity, Priority or Extent of Interest in Property Against All Defendants By Plaintiff)

18. Plaintiff hereby incorporates by reference paragraphs 1 through 17, inclusive, of this Complaint as if set forth in full in this paragraph.

19. Plaintiff is informed and believes and thereon alleges that Defendants CSIRY Inc., Siry Haus Incorporated, Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz, and Does 1 through 100, inclusive, contend that the Property is property of Defendants CSIRY Inc. and/or Siry Haus Incorporated, whereas Plaintiff contends:
A. That the Property is property of Defendant State Organizations Inc.;
B. That Plaintiff has a judgment lien on the Property;
C. That Defendants are alter egos of one another, successors in interest, or joint venturers in a single venture, common enterprise, or business and, therefore, are jointly and severally liable for the debts, obligations and duties of one another; and
D. That title to the Property is subject to avoidance or other relief under 11 U.S.C. §§544, 548 and/or 550 and/or Civil Code §§3439.04(a)(l), 3438.04(a)(2), 3439.05 and/or 3440 et seq. and/or Probate Code §§15203 and/or 18200 and/or the common law.

20. Based on the foregoing, Plaintiff is entitled to a judgment, order and decree determining that Defendants are alter egos of one another, successors in interest, or joint venturers in a single venture, common enterprise, or business and, therefore, are jointly and severally liable 12 for the debts, obligations and duties of one another; and that Defendant State Organizations Inc. has 13 title to, or an equitable interest in, the Property; that the Property is available to satisfy the BC473339 Judgment and the 12C02218 Judgment; and that Plaintiff is free to levy execution on the BC473 3 3 9 Judgment and the 12C02218 Judgment or otherwise enforce the BC473339 Judgment and the 12C02218 Judgment against the Property.

THIRD CAUSE OF ACTION
(Relief (Including Damages) Against Fraudulent Transfers And/Or Obligations
(By Conspiracy) Against All Defendants By Plaintiff)

21. Plaintiff hereby incorporates by reference paragraphs 1 through 20, inclusive, of this Complaint as if set forth in full in this paragraph.

22. Within the past four years, Defendant State Organizations Inc. transferred the Property to CSIRY Inc. and/or Siry Haus Incorporated with actual intent to hinder, delay or defraud present and future creditors of Defendant State Organizations Inc., including Plaintiff, in the collection of their claims against Defendants State Organizations Inc. in that: The transfer was made to, and the transactions involved, affiliates and/or insiders of Defendants State Organizations Inc.; The transfer was made, and the transactions were consummated, without Defendants State Organizations Inc. receiving a reasonably equivalent value in exchange therefor; The transfer and transactions involved were concealed; The transfer and transactions involved were secret or hurried and not in the usual mode of doing business; The transfer and transactions involved were conducted in a manner differing from the customary method; Defendant State Organizations Inc. was sued or threatened with suit and/or levy before the transfer was made and/or the transactions consummated; The transfer was of, and the transactions involved, substantially all, if not all, of the non-exempt assets of Defendants State Organizations Inc.; Defendants State Organizations Inc. was insolvent or became insolvent shortly after the transfer was made, and the transactions were consummated, as a result of the transfers and transactions; By holding title to the Property in the name of Defendant Siry Haus Incorporated and other fictitiously named entity Defendants, the apparent value of the estate of Defendants State Organizations Inc. was greatly reduced and the Property was made unavailable to execution levy.

23. Plaintiff is informed and believes and thereon alleges that the transfer of, and transactions involving, the Property were made without Defendant State Organizations Inc. receiving a reasonably equivalent value in exchange therefor, and Defendant State Organizations Inc.:
(1) Was engaged or was about to engage in a business or a transaction for which the remaining assets of Defendants State Organizations Inc. were unreasonably small in relation to the business or transaction; or
(2) Intended to incur, or believed or reasonably should have believed that they would incur, debts beyond their ability to pay as such debts became due.

24. Plaintiff is informed and believes and thereon alleges that the transfer of, and transactions involving, the Property of Defendants State Organizations Inc. were made without Defendants State Organizations Inc. receiving a reasonably equivalent value in exchange therefor and Defendants State Organizations Inc. was insolvent at that time or Defendants State Organization  Inc. became insolvent as a result of the transfer.

25. Notwithstanding its form, the substance of the use of each of Defendants State Organizations Inc. and Siry Haus Incorporated and other fictitiously named entity Defendants as subterfuges was a single step in that general plan made with actual intent to hinder, delay or defrau  present and future creditors of Defendant State Organizations Inc., including Plaintiff, in the collection of their claims against Defendants State Organizations Inc.

26. Plaintiff' is informed and believes and thereon alleges that Defendants State Organizations Inc. and Siry Haus Incorporated are mere subterfuges employed by Defendants Chenais Siry and other fictitiously named natural person Defendants for the illegal and fraudulent purpose and general plan of allowing Defendant State Organizations Inc. to escape liability for its debts and obligations, while at the same time allowing Defendants Chenais Siry, Shervin Nowrooz aka Shawn Nowrooz and other fictitiously named natural person Defendants to enjoy and retain the benefits of ownership and possession of their equitable and beneficial interest in the Property standing in the names of Defendant Siry Haus Incorporated and other fictitiously named entity Defendants.

27. Plaintiff is informed and believes and thereon alleges that the Defendants did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy and agreement alleged in this Complaint.

28. As a result, the transfer of, and transactions involving, the Property of Defendants State Organizations Inc. are subject to avoidance under 11 U.S.C. §§544 and/or 548 and/or California Civil Code §§3439.04(a)(l), 3439.04(a)(2), 3439.05 and/or 3440 et seq. and/or California Probate Code §§15203 and/or 18200 and/or the common law.

29. As a proximate result of the wrongful acts herein alleged, Plaintiff has been presently damaged by not being paid the full amount of its claim, or any part thereof, by Defendant State Organizations Inc. in a sum believed to be in excess of $28,705.30, together with post-judgmeinterest from January 31, 2012 at the rate of $7.86 per day, plus $20,567.84, together with postjudgment interest from November 13, 2012 at the rate of $5.63 per day, plus costs of enforcement of judgment.

30. Plaintiff is informed and believes and thereon alleges that the Defendants knew of the claim and knew that the claim could only be satisfied out of the fraudulently transferred and concealed property. Notwithstanding this knowledge, the Defendants intentionally, willfully, fraudulently, and maliciously did the things herein alleged to defraud and oppress Plaintiff. Plaintiff is, therefore, entitled to exemplary and punitive damages in amount to be determined by the trier of fact.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

1. For a judgment, order and decree directing that the interest of Defendant State Organizations Inc. in the Property, be applied in its entirety, or such percentage as the Court may determine, in satisfaction of the Judgment under Code of Civil Procedure §708.210;

2. For a judgment, order and decree avoiding the transfer(s) of the Property under 11 U.S.C. §§544,548 and/or 550 and/or California Civil Code §§3439.04(a)(l), 3438.04(a)(2), 3439.05 and/or 3440 et seq. and/or California Probate Code §§15203 and/or 18200 and/or the common law;

3. For a judgment, order and decree determining that Defendant State Organizations Inc. has title or an equitable interest in the Property and that the Property is available to satisfy the Judgment;

7. For a money j udgment against Defendants other than Defendant State Organizations Inc. in the amount necessary to satisfy the BC473339 Judgment ($28,705.30, together with postjudgment interest from January 31, 2012 at the rate of $7.86 per day) and the 12C02218 Judgment ($20,567.84, together with post-judgment interest from November 13,2012 at the rate of $5.63 per day);

8. For exemplary and punitive damages in amount to be determined by the trier of fact;

9. For injunctive relief pursuant to Code of Civil Procedure §§525,526,708.240 and/or Civil Code §3439.07(a)(3)(A) enjoining and restraining Defendants, and each of them, from transferring, directly or indirectly, the Property, or proceeds therefrom;

10. For appointment of a receiver pursuant to Code of Civil Procedure §§564 et seq., 699.070, 708.610 et seq. and/or Civil Code §3439.07(a)(3)(B) to take possession of, manage, and sell the Property and distribute the proceeds therefrom according to the judgment and orders of this Court;

11. For an order requiring Defendants other than Defendant State Organizations Inc. to account to Plaintiff for all proceeds distributable to Defendant State Organizations Inc. as a result of the Property;

12. For a judicial decree that Defendants other than Defendant State Organizations Inc. hold the equitable and beneficial interest of Defendant State Organizations Inc. in the Property constructively in trust for Plaintiff;

13. For an order imposing an equitable lien upon the Property in favor Plaintiff;

14. For costs of suit, including attorney's fees, if available; and

15. For such other and further relief as the Court deems just and proper."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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