NEUE
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`Document Scanning Lead Sheet
`May-18-2009 3:42 pm
`
`COMPLAINT
`
`Case Number: CGC-09-488527
`
`Filing Date: May-18-2009 3:35
`
`Juke Box: 001
`
`Image: 02499333
`
`FRIEDRICH VON LOHMANNVS. THE WEILER GROUP AKA 2GOOD4SALEetal
`
`001002499333
`
`Instructions:
`Please place this sheet on top of the document to be scanned.
`
`

`

`
`(SOLOPARAUSODELACORTE)
`
`
`
`
`
`
`Friedrich von Lohmann
`
`
`
`(cirSUMMONS.1AL)
`NOTICE TO DEFENDANT:
`(AVISO AL DEMANDADO):
`The Weiler Group aka 2good4sale and Does 1-10,et-at
`
`ue
`
`YOU ARE BEING SUED BY PLAINTIFF:
`(LO ESTA DEMANDANDO EL DEMANDANTE):
`
`SUM-100
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
`
`You have 30 CALENDAR DAYSafterthis summons and legal papers are served on you te file a written response at this court and have a
`copy served on theplaintiff. A letter or phone call will not protect you. Your written response mustbe In proper legal form If you want the
`court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more
`information at the Catifornia Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse
`nearest you.
`Ifyou cannot pay thefiling fea, ask the court clerk for a fee walver form.
`If you do notfile your response on time, you may
`lose the case by default, and your wages, money, and property may be taken without further warning from the court.
`There are other legal requirements. You may wantto call an attorney right away. If you do not know an attorney, you may wantto call an
`attorneyreferral service, if you cannot afford an attorney, you may be ellgible for free legal services from a nonprofit lega! services
`Program. You can locate these nonprofit groups at the California Legal Services Website (www.lawhelpcalifornia.org), the California
`Courts Online Self-Help Center (www.courtinfo.ca.govisetthelp), or by contacting your local court or county bar assoctation.
`Tiene 30 DIAS DE CALENDARIO después de que fe entreguen esta citacién y papeles legales para presentar una respuesta por escrito
`en esta corte y hacer que se entregue una copia al damandante. Una carta o una ilamada telefénice no lo protegen. Su respuesta por
`escrito tiene que estar en formate legal correcto si desea que procesen su caso entacorte, Es posible que haya un formulario que usted
`pueda usar para su respuesta. Puede encontrar estos formularios de fa corte y mas informacién en ef Centro de Ayuda da las Cortes de
`California (www.courtinfo.ca.gov/selfhelp/espanoi), en ta biblioteca do leyes de su condado o en fa corte que le quede més cerca. Sino
`Puede pagar la cuota de presentacién, pida ai secretario de ia corte que fe dé un formulario de exencién de pago de cuotas. Si no presenta
`su respuesta a tlermpo, puede perder ef caso por incumplimiento y la corte fe podr4 quitar su sueldo, dinero y blenes sin mis advertencla.
`Hayotros requisitos legales. Es recomendable que tlame a un abogado inmediatamente. Sino conoce a un abogado, puede Hamar a un
`servicio de remisién a abogados, Si no puede pagar a un abogado, es posible que cumpla confos requisites para obtener servicios
`fegales gratultos de un programa de servicios legates sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de
`California Legal Services, (www.lawheipeatifornia.org), en ef Centro de Ayuda de las Cortes de California,
`(www.courtinfo.ca.gov/selfhelp/espanol) o ponléndose en contacto con fa corte o ef colegio de abogados locales,
`
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`
`Superior Court of California, County of San Francisco
`400 McAlister Street
`‘San Francisco, CA 94102
`The name, address, and telephone numberofplaintiffs attorney, or plaintiff without an attorney,is:
`(El nombre,la direccién y el ndmero de teléfono del abogado del demandante, o del demandanta que no tiene abogado, es):
`Cindy A. Cohn, 454 Shotwell Street, San Francisco, CA 94110
`
`D. STEPPE
`(415) 307-2148
`,
`
`.
`STEP!
`|
`OTE
`ay 18.2009 GORDO
`
`
`
`
`(For proofof service of this summons, use Proof of Service of Summons (form POS-010).)
`(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-070)).
`NOTICE TO THE PERSON SERVED:You are served
`1. (_] as an individual defendant.
`2. [__] as the person sued underthefictitious name of (specify):
`
`NPARK-LI
`
`Cy
`
`5
`Deputy
`
`
`
`
`
`3, LZ on behalfof (specify): The Weiler Group aka 2g00d4sale
`under: LZ] CCP 416.10 (corporation)
`[1] CCP 416.60 (minor)
`[J] CCP 416.20 (defunct corporation)
`(-]) CCP 416.70 (conservatee)
`(__] CCP 416.40 (association or partnership) (__] CCP 416.90{authorized person)
`[] other (specify):
`4. [~] by personal delivery on (date):
`Page 1 of 1
`
`Code of Civil Procedure §§ 412.20, 465
`Form Adopted for Meeaatetia
`Judicial Council
`ore
`SUM-100 (Rev. January 1, 2004}
`‘Arencen Legeet ine
`
`SUMMONS
`
`

`

`
`
`
`ORNEY
`h
`
`FOR COURT USE ONLY
`
`“CindyA.Cohn(SBN 149599)
`
`454 Shotwell Street
`
`
`Bartoh.CountySuperiorCourt
`San Francisco, CA 94110
`
`
`
`
`
`raxno: 415-436-9993
`recepHonE NO: 415-307-2148
`ATTORNEY FOR (Name: Friedrich von Lohmann
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
`
`sTReeT aporess: 400 McAlister Street
`
`MAILING ADDRESS:
`
`
`pe selbstde
`city ano zp cove: SanFrancisco, CA 94102
`
`
`sranch name: Civic Center Courthouse
`CASE NAME:
`
`Friedrich von Lohmannv. The Weiler Group aka 2e00d4sale
`
`
`
`
`CET-09-488527
`CIVIL CASE COVER SHEET
`Complex Case Designation
`[_] untimited
`Limited
`[1 counter
`(7) Joinder
`
`
`v
`
`
`
`(Amount
`(Amount
`
`
`demanded
`demanded is
`Filed with first appearance by defendant
`
`
`exceeds $25,000)
`$25,000 or less)
`(Cal, Rules of Court, rule 3.402)
`
`
`items 1-6 below must be completed (seeinstructions on page 2).
`
`
`. Check ona box below for the case type that best describesthis case:
`Provistonally Complex Civil Litigation
`Auto Tort
`Contract
`
`(Cal. Rules of Court, rutes 3,400-3.403)
`Auto (22)
`C_] Breach of contractWwarranty (06)
`
`
`Uninsured motorist (46)
`C_] Rute 3.740 collections (09)
`[__] AntitrustTrade regulation (03)
`
`
`Other P!PD/WD(Personal Injury/Property
`(_] Other collections (09)
`[J Construction defect (10)
`Damage/Wrongful Death) Tort
`LJ] insurance coverage(18)
`L_] Mass tort (40)
`
`
`Asbestos (04)
`[__] other contract (37)
`{__] Securities litigation (28)
`Product liability (24)
`Real Property
`(__] Environmental/Toxic tort (30)
`Medical malpractice (45)
`[J Eminent domairvinverse
`Insurance coverageclaimsarising from the
`(_] otner PvPowo (23)
`condemnation (14)
`above fisted provisionally complex case
`
`
`
`
`Non-PUPDWD (Other) Tort
`[-] Wrongtuteviction (33)
`types (41)
`i Businesstort/unfair business practice (07) | Otherreal property (26)
`Enforcement of Judgment
`
`
`[_] civitrights (08)
`Unlawful Detainer
`[J Enforcement ofjudgment (20)
`LJ Detamation (13)
`LJ Commercial (31)
`Miscellaneous Civil Complaint
`
`
`CY] Fraud (16)
`[_] Residential (32)
`[_) rico (27)
`
`
`| Intellectual property (19)
`Dnuags (38)
`| Other complaint (not specified above) (42)
`
`
`[_] Protessional negligence (25)
`Judiclal Review
`Miscellaneous Civil Petition
`
`
`[J other non-PUPDMND tort (35)
`L_] Asset forfeiture (05)
`Partnership and corporate governance (21)
`
`
`Employment
`C_J Petition re: arbitration award (11)
`[_] other petition (not specifiedabove) (43)
`Wrongfultermination (36)
`[] writ of mandate (02)
`
`
`
` [] Other employment (15)
`|__| Other fudictal review (39
`
`
`complex underrule 3.400ofthe California Rules of Court. If the case is complex, mark the
`2. Thiscase
`|_}is
`Ly¥Jisnot
`
`factors requiring exceptionaljudicial management:
`a, C Large numberof separately represented parties
`d. J Large numberof witnesses
`b. J Extensive motion practice raising difficult or novel
`—_e. | Coordination with related actions pending in one or more courts
`issues that will be time-consuming to resolve
`in other counties, states, or countries, or in a federal court
`c. CJ Substantial amount of documentary evidence
`f. C) Substantial postjudgmentjudicial supervision
`. Remedies sought(checkall that apply): aly] monetary b.[_] nonmonetary; dectaratory orinjunctive relief
`. Numberof causes ofaction (specify):
`. This case LJ is
`Isnot
`acilass action suit.
`If there are any knownrelated cases,file and serve a notice of related case. (You may use form CM-015.)
`
`
`Date: May [4,2c074
`Cindy A. Cohn
`(SIGNATURE OR PARTY OR AITORNEY FOR PARTY)
`
`(TYPE OR PRINT NAME}
`NOTICE
`
`« Plaintiff mustfile this cover sheet with the first paperfiled in the action or proceeding (except smail claims cases or casesfiled
`
`
`under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court,rule 3.220.) Failureto file mayresult
`in sanctions.
`
`
`* File this cover sheetin addition to any cover sheet required by local court rule.
`* If this case Is complex underrule 3.400 et seq. of the California Rutes of Court, you must serve a copyofthis cover sheet on all
`
`
`otherparties to the action or proceeding.
`sor?
`Unlessthis is a collections case underrule 3.740 or a complex case, this cover sheetwill be used forstatistical purposes only.
`
`
`‘age
`
`rdcralCouncokConteris
`CIVIL CASE COVER SHEET
`coniCalSandandeflodAdwinisoonaia316
`CM-010 (Rev. duty 1, 2007]
`www.courtinio.ce pov
`[Amancan b anniNad lew:
`
`
`
`
`
`anbw
`
`
`
`
`
`2
`
`MAY 1 8 2008
`
`
`
`GO
`
`
`
`PARK-LI, Clerk
`
`—_c. [~] punitive
`
`
`
`1
`
`

`

`‘
`
`CM-010
`
`-R SHEET
`INSTRU. (IONS ON HOW TO COMPLETE THE C
`To Plaintiffs and Others Filing First Papers.
`If you arefiling a first paper (for example, a complaint} in a civil case, you must
`complete and file, along with yourfirst paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
`statistics about the types and numbers of casesfiled. You must complete items 1 through 6 on the sheet.
`In item 1, you must check
`one boxfor the case type that best describes the case.
`!f the case fits both a general and a more specific type of caselisted in item 1,
`check the more specific one.If the case has multiple causesof action, check the box that bestindicates the primary cause of action.
`To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
`sheet mustbefiled only with yourinitial paper. Failure to file a cover sheet with the first paperfiled in a civil case may subject a party,
`its counsel, or both to sanctions under rules 2.30 and 3.220of the California Rules of Court.
`To Parties in Rule 3.740 Collections Cases. A “collections case” under rule 3,740 is defined as an action for recovery of money
`owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
`which property, services, or money was acquired on credit. A collections case does not Include an action seeking the following: (1) tort
`damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
`attachment. The identification of a case as a rule 3.740 collections case on this form meansthatit will be exempt from the general
`time-for-service requirements and case management rules, unless a defendantfiles a responsive pleading. A rule 3.740 collections
`case will be subject to the requirements for service and obtaining a judgmentin rule 3.740.
`To Parties in Complex Cases.
`In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
`case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
`completing the appropriate boxesin items 1 and 2.If a plaintiff designates a case as complex, the cover sheet must be served with the
`complaint on all parties to the action. A defendant mayfile and serve no later than the time ofits first appearance a joinder in the
`plaintiff's designation, a counter-designation that the case is not comptex,or,if the plaintiff has made no designation, a designation that
`the case is complex.
`CASE TYPES AND EXAMPLES
`Auto Tort
`Auto (22}-PersonalInjury/Property
`Damage/Wrongful Death
`Uninsured Motorist (46) (if the
`case involves an uninsured
`motorist claim subject to
`arbitration, checkthis item
`instead of Auto)
`Other PUPD/WD (Personal Injury!
`Property Damage/Wrongful Death)
`Tort
`
`Contract
`Breach of Contract/Warranty (06)
`Breach of Rental/Lease
`Contract (not unlawful detainer
`or wrongful eviction)
`Contract‘Warranty Breach—Seller
`Plaintiff (not fraud or negligence)
`Negligent Breach of Contract/
`Warranty
`Other Breach of ContractWarranty
`Collections (e.g., money owed, open
`book accounts) (09)
`Collection Case—Seller Plaintiff
`Other Promissory Note/Cofllections
`Case
`Insurance Coverage (net provisionally
`complex) (18)
`Auto Subrogation
`Cther Coveraga
`Other Contract (37}
`Contractual Fraud
`Other Contract Dispute
`Real Property
`Eminent Domain/nverse
`Condemnation (14)
`Wrongfut Eviction (33)
`Other Real Property (e.g., quiettitle) (26)
`Writ of Possession of Real Property
`Mortgage Foreclosure
`Quiet Title
`Other Real Property (not eminent
`domain, landiordfenant, or
`foreclosure)
`Untawful Detainer
`Commercial (31)
`Residential (32)
`Drugs (38)(if the case involvesillegal
`drugs, check this tem; otherwise,
`report as Commercial or Residential)
`Judicial Review
`Asset Forfeiture (05)
`Petition Re: Arbitration Award (11)
`Writ of Mandate (02)
`Writ-Administrative Mandamus
`Writ-Mandamus on Limited Court
`Case Matter
`Writ—Other Limited Court Case
`Review
`Other Judicial Review (39)
`Review of Health Officer Order
`Notice of Appeal-Labor
`Commissioner Appeals
`CIVIL CASE COVER SHEET
`
`Asbestos (04)
`Asbestos Property Damage
`Asbestos Personal Injury/
`Wrongful Death
`Product Liability (not asbestos or
`toxicfenvironmental) (24)
`Medical Malpractice (45)
`Medical Matpractice—
`Physicians & Surgeons
`Other Professional Health Care
`Malpractice
`Other PIPD/WD (23)
`Premises Llability (e.g., slip
`and fall)
`Intentional Bodity Injury/PDAVD
`(e.g., assault, vandalism)
`IntentionalInfliction of
`Emetional Distress
`Negligent tnfliction of
`Emotional Distress
`Other PVPD/WD
`Non-PlPD/WD (Other) Tort
`Business Tort/Unfair Business
`Practice (07)
`Civil Rights (e.g., discrimination,
`false arrest) (not civil
`harassment) (08)
`Defamation(e.g., slander,libel)
`(13)
`Fraud (16)
`Intettectual Property (19)
`Professional Negligence (25)
`Legal Malpractice
`Other Professional Malpractice
`(not medicalor legal)
`Other Non-PYPD/WD Tort (35)
`Employment
`Wrongful Termination (36)
`Other Employment(15)
`
`CH-010 FRev. July 1, 2007)
`
`Provisionally Complex Civil Litigation (Cal.
`Rules of Court Rules 3.400-3.403)
`Antitrust‘Trade Regulation (03)
`Construction Defect (10)
`Claims Involving Mass Tort (40)
`Securities Litigation (28)
`Environmental/Toxic Tort (30)
`Insurance Coverage Claims
`{arising from provisionally complex
`case type listed above) (41}
`Enforcement of Judgment
`Enforcement of Judgment(20)
`Abstract of Judgment (Out of
`County)
`Confession of Judgment (non-
`domestic refations)
`Sister State Judgment
`Administrative Agency Award
`{not unpaid taxes)
`Petition/Certification of Entry of
`Judgment on Unpaid Taxes
`Other Enforcement of Judgment
`Case
`Miscellaneous Clvit Complaint
`RICO (27)
`Other Complaint {not specified
`above) (42)
`Declaratory Relief Only
`injunctive Relief Onty (non-
`harassment)
`Mechanics Lien
`Other Commercial Complaint
`Case (non-tort/non-complex)
`Other Civil Complaint
`(nen-tortnon-complex)
`Misceltaneous Civil Petition
`Partnership and Corporate
`Governance (21)
`Other Petition (not specified
`above) (43)
`Civil Harassment
`Workplace Viclence
`Elder/Dependent Adult
`Abuse
`Election Contest
`Petition for Name Change
`Petition for Relief From Late
`Claim
`Other Civil Petition
`
`Page 20f2
`
`

`

`oq
`
`—wo2o&NHDBAAfFWYWN
`
`C
`Cindy A. Cohn, Esq. (SBN 145997)
`454 Shotwell Street
`San Francisco, CA 94110
`Cindy@eohnnet
`415) 307-2148
`
`Attorney for Plaintiff
`
`
`
`C
`SanFranciscoCountySuperiorCpurt
`.
`MAY 18 7009
`CASEMANAGEMENTCONFERENCE GO
`SEP 18 2009.40ahe ~~
`DEARMENTZ2 SUMMONS ISSUED
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`IN AND FOR THE COUNTY OF SAN FRANCISCO
`
`FRIEDRICH VON LOHMANN,
`
`Case No:
`
`CGC~09~488527
`
`v.
`
`Plaintiff,
`
`)
`)
`)
`
`THE WEILER GROUPa/k/a 2good4sale and
`Does 1-10-erat!
`
`Defendants.
`
`COMPLAINT FOR DAMAGESFOR
`FRAUD, CONSUMERS LEGAL
`REMEDIES ACT, UNFAIR BUSINESS
`PRACTICES, BREACH OF CONTRACT,
`BREACIY OF IMPLIED COVENANTS
`AND PUNITIVE DAMAGES
`
`
`
`)
`en)
`
`Plaintiff Friedrich von Lohmann,by and throughhis attorney, brings this action and alleges
`against Defendants as follows:
`|
`
`1.
`
`On January 26, 2009, Defendant The Weiler Group aka 2good4 sale (hereinafter
`
`“Weiler’”) advertised an auction to sell a Refurbished DCS Gas 5 Burner Range on EBay. The
`
`Range was Item 140296892242, a DCS Model - RGSC305SS (“Range”). A true and correct copy
`
`of Defendant’s auction advertisement, plus the sales contract, is attached hereto as Exhibit A and
`
`incorporated herein by this reference.
`
`2.
`
`Defendant’s offer for sale made the following representations about the Range
`
`(emphasis in original):
`
`a) “It was sent back to DCS because of a ding and some minorscratches on theright
`
`COMPLAINT
`
`

`

`C
`
`C
`
`and left sides... which you will not see once this has been installed.”
`
`b) “The front looks perfect”
`
`c) “This was cooked in once before DCSpickedit up”
`
`d) “This is stunning!!!!”
`
`e) “You are absolutely going to love this range!!!”
`
`f) “You are going to absolutely love this range!!!”
`
`g) “This beauty is sure to enhance any kitchen!!!”
`
`(Exhibit A, pages 2-4)
`
`3.
`
`In reliance upon these and similar representations, Plaintiff bid on the range under
`
`the normal EBay auction processes. Plaintiff was the successful bidder at the amount of $2,251.00
`
`(Exhibit A, page 1). On January 27, 2009,plaintiff paid Defendant the auction price, plus $125 to
`
`have the range convertedto natural gas, $182.47 for shipping and $75 forcrating, for a total of
`
`$2,633.47. Attached hereto as Exhibit B and incorporated herein by this reference are emails
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`evidencing the additional charges paid by Plaintiffto Defendantfor conversion, shipping and
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`crating of the Range.
`
`4,
`
`The Range was delivered to Plaintiff shortly thereafter. The packaging materials on
`
`the Range gave no indication that the Range was damaged during shipping.
`
`5.
`
`On March 31, 2009,Plaintiff paid his contractor to carry the Range up a flight of
`
`stairs and install it as part of a complete kitchen remodel. On information andbelief, no damage
`
`was done to the Range duringinstallation.
`
`6.
`
`Uponinstallation Plaintiff had his first opportunity to more thoroughly inspect and
`
`test the Range. He then discovered that the Range wasin materially worse condition than
`
`represented by Defendant. On information andbelief, Plaintiff has discovered the following
`
`significant problems:
`
`iC
`
`OMPLAINT
`
`OowonNAwrhbWwND
`
`

`

`C
`
`C
`
`The bottom ofthe rangehas separated from theside.
`
`The back ofthe range appears to have been removed andreattached poorly, so thatit
`
`doesn’t sit flush on the back ofthe range.
`
`An electronics unit is essentially dangling underneath the range, and is not properly
`
`a)
`
`b)
`
`c)
`
`secured into the unit.
`
`dal
`
`The legs of the range, which are normally adjustable for leveling, have apparently been
`
`replaced with welded on legs, making them impossible to adjust, either because the
`
`weld was wrongor because the new legs are not adjustable.
`
`¢)
`
`The floor of the oven is warped such that it doesnotsit flush.
`
`The burners themselvesare extremely dirty and gunked up,likely indicating years of
`
`use and making them difficult to take apart. There is significant gunk on the bottom of
`
`the burners,also indicating much use.
`
`—&
`
`The top of the range has obviously been scratched,likely the result of some overly
`
`aggressive attemptat cleaning.
`
`h)
`
`The burnergratesdo notsit level on the stovetop.
`
`The burnergrates are scratched and also have gunk on them and havesignsofrust.
`
`)
`
`The oven dooris extremelyill-fitting, makingit difficult to open and also makingit
`
`slam shut, with a loud noise.
`
`k)
`
`The oven is very dirty with stuff that looks baked on.
`
`The powercord has beenspliced together.
`
`Because ofall of the warped andill-fitting pieces that oven was extremely difficult for
`
`the contractorto install, and will likely be difficult to remove without causing further
`
`) m
`
`)
`
`damageto the range and to the cabinets on either side.
`
`n)
`
`The cooling fan is extremely loud, much louderthanit should be, indicating thatit
`
`OoofSNDHtHeeWDNH
`
`—eemtvo—&
`
`13
`
`a
`COMPLAINT
`
`

`

`—OooOoJTDnWwBFWwWNW
`
`C
`
`C
`
`likely was not installed or "refurbished" properly.
`
`7.
`
`Obviously, and contrary to Defendant’s misrepresentations, the problems the Range
`
`had priorto sale by defendantto Plaintiff were significantly worse than simply “a ding and a few
`
`scratches on the sides.” On information andbelief, this serious damageis notlikely the result of
`
`the transport ofthe unit since the packaging for transport was not damaged uponarrival.
`
`8.
`
`On information and belief, the unit was plainly used far more than once and
`
`whoever“refurbished”it did an extremely poor job. On information and belief, the unit doesn’t
`
`really have full structural integrity given all of the warped andill-fitting pieces on the back,sides
`
`and bottom.
`
`9,
`
`Plaintiff anticipates that further inspection, testing and use will reveal additional
`
`problems.
`
`JURISDICTION AND VENUE
`
`10.
`
`The jurisdiction of this Court arises under the general powerof this Court,
`
`California Consumer Legal Remedies Act and California Business and Professions Code, among
`
`others.
`
`11.|Venueis properin this County because Plaintiff resides in this County and the
`
`injury occurred in this County, including because the Range was knowingly sold to Plaintiff in San
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`Francisco County by Defendants, and that Defendants specifically helped arrange for shipping to
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`Plaintiff in this County.
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`PARTIES
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`12. At all times mentioned herein, Plaintiff Friedrich von Lohmannwas,andstill is, an
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`individual and resident of San Francisco California.
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`13.
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`Atall times mentioned herein, Plaintiff is informed and believe that Defendant The
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`Weiler Group aka 2good4sale was and is a California Corporation qualified to do business in
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`-4.
`COMPLAINT
`
`

`

`C
`
`C
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`California and doing business in Chatsworth, California.
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`FIRST CLAIM FOR RELIEF
`(Violation of Consumer Legal Remedies Act)
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`Plaintiff incorporates the allegations set forth above by reference, as if set forth fully herein.
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`14.|The Consumer Legal Remedies Act (CLRA) California Civil Code Sections 1750 et
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`seq, applies to Weiler’s actions and conduct because such actions and conductpertain to
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`transactions that were intendedto result, and/or resulted in the sale or lease of goodsorservices to
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`consumers.
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`Ooco~JDDHAF&FWYNO—
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`eetWwNO—©
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`14
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`15.
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`Plaintiffis a “consumer” within the meaning of Civil Code Section 1761(d).
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`16.
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`The Rangeis a “good” within the meaning of Civil Code Section 1761 (a).
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`17. Weiler has engaged in deceptive practices, unlawful methods of competition and/or
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`unfair acts as defined by Civil Code Section 1770, to the detrimentofPlaintiff. Plaintiff has
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`suffered harm as a proximateresult of the violations of law and wrongful conduct of Defendant
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`alleged herein.
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`18. Weiler intentionally and unlawfully perpetrated harm uponPlaintiff by the above-
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`describedacts.
`19.
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`In violation of Civil Code Section 1770(5), Weiler has represented that the Range
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`has characteristics, uses or benefits which it does not have.
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`20.
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`In violation of Civil Code Section 1770(a)(9), Weiler advertised the Range with
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`intent not to sell it as advertised.
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`21. Weiler concealed material information regarding the Range from Plaintiff as
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`described in detail above, including but not limited to, the fact that it had been used more than one
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`time and had significantly more damage than merely “a few dings.”
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`22.
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`Users, including Plaintiff, routinely rely on this type of information in making
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`purchasedecisions. Had Weiler disclosed this material information, Plaintiff would not have
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`COMPLAINT
`
`

`

`C
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`C
`
`—Ooco~1HNwwF&FWYLK
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`purchased the Rangeat the price paid and probably would not have purchasedit atall.
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`23.
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`‘Plaintiff relied on this material information to their detriment.
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`24.
` Weiler’s deceptive acts and omissions and unfair business practices occurred in the
`courseofselling a consumer product and violate Civil Code Section 1770(a).
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`25.
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`Asadirect and proximate result of Weiler’s violations of the CLRA,Plaintiff has
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`suffered harm.
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`26.
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`_Weiler’s policies and practices are unlawful, unethical, oppressive, fraudulent and
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`malicious. The gravity of the harm to all consumers from Weiler’s policies and practices far
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`outweighs any purported utility those policies and practices have.
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`27.
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`Pursuant to Civi! Code Section 1782, on April 8, Plaintiff notified Weilerofits
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`commission of unlawful acts under Civil Code Section 1770, specifying the particular violations,
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`and demanded that Weilerrectify its illegal acts within 30 days. The demandletter requested that
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`Weiler compensate Plaintiff for his expenses related to the purchase andinstallation of the Range
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`and wassent via certified mail and via e-mail.
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`28.
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`On April 8, 2009, Weiler responded.In its response, Weiler did not agree to provide
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`appropriate compensation. Therefore, Plaintiff also requests (a) actual damages; (b) restitution of
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`moneyto Plaintiff (c) punitive damages; (d) attorneys’ fees and costs; and (e) otherrelief that this
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`Court deemsproper.
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`SECOND CLAIM FOR RELIEF
`(Violation of California Business and Professions Code Section 17200)
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`29.
`
`Plaintiff incorporatesthe allegations set forth above by references, as if set forth
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`fully herein.
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`30.‘
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`Plaintiffhas suffered injury in fact and lost money or property as a result of such
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`unfair business practices. Such injuries and losses include, but are not limited to the purchaseprice
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`of the Range,the shipping cost for the Range, the installation cost for the range, the damage to
`
`
`COMPLAINT
`
`

`

`—eocoJDAWH&WwWbt
`
`C
`
`C
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`cabinets due to the poor condition ofthe range.
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`31. Weiler has engagedin unfair, unlawful and fraudulent business practices as set forth
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`above.
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`32.
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`By engaging in the above-described acts and practices, Weiler has committed one or
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`more unfair business practices within the meaning of Business and Professions Code Section
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`17200, et seq. Specifically, Weiler’s business practices offend the public policies set forth in
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`California Constitution Art. 1, Section 1; Civil Code Sections 1750 et seq (Consumer Legal
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`Remedies Act). Weiler’s above-described deceptive and misleading acts and practices have and/or
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`are likely to deceive Plaintiff.
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`33.
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`Weiler’s acts and practices are also unlawful because they violate Civil Code
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`Sections 1750 et seq (Consumer Legal Remedies Act).
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`34.
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`Specifically, Weiler marketed and sold the Range in defective condition and
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`deceptively failed to disclose their defects as described above; advertised its Range with intent not
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`to sell them as advertised; represented that the purchase and/oruseof its Range confers or involves
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`rights, remedies, or obligations which it does not have or involve; violated the implied covenant of
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`good faith and fair dealing; and failed to comply with the implied warranty of merchantability.
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`35.
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`Plaintiff has suffered injury in fact and has lost money or property as a result of such
`
`unfair businesspractices.
`36.
`Plaintiffseeks an orderofthis Court awardingrestitution, disgorgement, injunctive
`
`relief and all other relief allowed under Business and Professions Code Section 17200, et seq.
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`THIRD CLAIM FOR RELIEF
`(Breach of Contract)
`
`37.
`
`Pursuant to the normal EBay auction processes, Plaintiff and Defendant enteredinto
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`a contract whereby Defendant would sell the Range in the advertised condition as provided above
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`to Plaintiff. Attached hereto as Exhibits A and B and incorporated herein is the contract for sale.
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` -7-
`COMPLAINT
`
`

`

`C
`
`C
`
`—woCO~SDAUH&WwWHN
`
`38,
`
`Plaintiff fully performed his duties under the contract, timely paying the amount
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`agreed upon.
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`39.
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`Defendant breached the contract by failing to deliver a Range in the condition
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`promised. The specific breach itemsare detailed above.
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`40.‘
`
`Plaintiff was damaged asa result of Defendants’ breach as described above.
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`FOURTH CLAIM FOR RELIEF
`(Breach of Implied Covenant of Good Faith and Fair Dealing)
`
`41.
`
`Plaintiffincorporates the allegations set forth above by references, as if set forth
`
`fully herein.
`
`42.
`
`California law implies a covenant of goodfaith and fair dealing in all contracts
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`between parties entered into in the State of California.
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`43.
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`By engaging in above-described acts and practices, Weiler has violated the implied
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`covenant of goodfaith and fair dealing in the Plaintiff's purchase of the Range.
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`44,
`
`By engagingin the above-described acts and practices, Weiler has caused Plaintiff
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`to suffer damages in an amountto be determinedattrial.
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`FIFTH CLAIM FOR RELIEF
`(False or Misleading Statements)
`
`45,
`
`Plaintiff incorporates the allegations set forth above by references,asif set forth
`
`fully herein.
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`46.
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`Throughits advertising practices and promotional materials, and other acts and
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`practices described herein, Weiler has made untrue and misleading statements and omitted material
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`facts in violation of California Business and Professions Code Sections 17500,et seq.
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`47.
`
`The misrepresentations, omissions and other misleading conduct described herein
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`concerning the Range were “likely to deceive." These misrepresentations and omissions continue to
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`this date.
`
`
`COMPLAINT
`
`

`

`C
`
`C
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`48.|Weiler knowsor should knowthat these misrepresentations and omissions
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`concerning the Rangeare false and misleading.
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`49,
`
`Plaintiff was actually deceived by the misrepresentations and omissions.
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`50._‘Plaintiff relied on these misrepresentations and omissionsto his detriment.
`
`oOoSoSNBOTAFFBYNY
`
`51.
`
`Plaintiff has been harmed. Plaintiff seeks restitution, disgorgement and all other
`
`relief allowable under Section 17500,et seq.
`
`PRAYER FOR RELIEF
`
`I.
`
`2.
`
`For compensatory damages in an amountto be proven attrial.
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`Forrestitution and disgorgementofprofits realized as a result of the unlawful
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`conduct of defendants.
`
`3.
`
`4,
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`5.
`
`For any treble and/or punitive damagesto the extent permitted by law.
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`For the award to Plaintiff of his attorneys’ fees and other costs of suit.
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`For such other and further relief as the Court deems just and proper.
`
`7
`
`DATED: May 18, 2009
`
`Respectfully Submitted,
`
`
`
`indy A. Cahn, Esq. (SBN.145997)
`
`Attorneys for Plaintiff
`
`-9-
`COMPLAINT
`
`| 1
`
`

`

`—oOooNDHUASeHY
`
`VERIFICATION
`
`I, Friedrich von Lohmann,am the Plaintiff in this action. The statements in the foregoing
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`documentare true and of my own knowledge, except as to the matters which are herein stated on
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`information and belief, and as to those matters I believe them to betrue.
`
`I declare under penalty of perjury that the forgoing is true and correct.
`
`Executed on May 18, 2009 at San Francisco, California
`
`
`
`Friedrich von Lohmann
`
`-10-
`COMPLAINT
`
`

`

`EXHIBIT A
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`f
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`

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`*REFURBISHEDDCSCASSBURNERSRANCE“eC~eBay(item140296892242endtimeJan-26-0919:15:00
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`Bwy Sel Myebay Community Heip
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`CTT) arnd Ge) torent Searen
`; Categories 7 | Motors | Stores joo
`greenahee von
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`Ste Map
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`3/31/094:02PM
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`“9BackJoBetofpomsListed In category:Homa&Garden>loskletheHime>MatoAnobances >Ranaes&CootingAootances>Ranoes&Stoves> Gas
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`
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`
`
`
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`af Paid with PayPal on January 27, 2009.
`
`.
`
`To tat other eBay users know what your experience has been with tvs sefer, click the Leave Feedback button.
`
`
`| Find more Items from the same setier. Bid or Buy Now!
`~ ==]
`, a
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`
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`YALL,HOLDERWITHHABDYARSCHROMEALL1PRICESHELF .
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`
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`
`
`0 bids:
`US $74.95
`Figtibe
`US $44.25
`0 bids:
`US $26.99
`O bids:
`US $14.50
`Time left
`64 23h 4m
`Time left
`22d 2th 41m
`Tine left
`64 21h 14m
`Tine left:
`6d 17h Sm
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`
`
`EYistlsefter'sStore
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