Superior court of california, county of riverside
4050 main street riverside, ca 92501
BARRIENTOS VS PERCIVAL CASE No. RIC 1204526
This case is assigned to the Honorable Judge Ronald L Taylor in Department 06
The Case is scheduled for 09/25 at 8:30 in Department 06.
Case is assigned to Department 12 for Law and Motion Purposes.
Plaintiff, XXXXXXXXXXXX (hereinafter "Plaintiff'), at all times relevant is a resident of the State of California and resides at xxxxxxxxxxxxxxx Brentwood, CA 94513.
Defendant, WILLIAM P PERCIVAL, (Hereinafter "PERCIVAL") an Individual, is a resident of the State of California and resides at 30075 Grand Avenue. Sun City, CA. Cell: 760-443-0434
Defendant, PHILIP PERCIVAL, (Hereinafter"PHILIP") an individual, is a resident of the State of California, with address of 30075 Grand Avenue, Sun City, CA Cell; 619-895-3425
Defentants:
WILLIAM PERCIVAL, an Individual
PHILIP PERCIVAL, an Individual.
AMERICAN GYPSUM, LLC, a California Limited Liability Corporation.
AMERICAN GYPSUM, LLC, a Nevada Limited Liability Corporation
PPP, LLC, a California Limited Liability Corporation.
DESERT GYPSUM RESOURCES, LLC a Nevada Limited Liability Corporation.
the office of the presiding almoner of the house of percival and his successors, a nevada corporation.
WILLIAM PERCIVAL, Subscriber and Almoner of the House of Percival.
the office of the presiding regent of prosperity fellowship, and his successors, a nevada corporation.
WILLIAM PERCIVAL, Subscriber and Presiding Regent of Prosperity Fellowship
The office of the presiding regents of the christian agricultural apostolic college and his successors. A nevada corporation.
This action is being brought forward against above named Defendants Pursuant to Cal. Civ. Code 3294,3439.04,3439.05,3439.07,3439.08; Cal. Corp. Code 17540.2,17540.3,17540.7,16907, Cal BPA Code 17200; Cal. Code Civ. Proc. 760.01O, 760.020,760.040, inclusive but not limited to said California Statutes and California Codes. Defendants violated the above statutes and codes causing harm to the Plaintiff.
Plaintiff is informed and believes and thereon alleges that, all times herein mentioned, each Defendant sued herein in relation to the property they claim an interest in was the agent and employee of each of the remaining Defendants thereof and at all times was acting within the purpose and scope of such agency and employment.
This is an action pursuant to the California's statutory and common law. Plaintiff Fermin Barrientos brings this action against named Defendants.
Defendant PERCIVAL and PERCIVAL-NV had the fiduciary responsibility as Managing Member of protecting the assets of AGL-NV and its owners. Defendant PERCIVAL fraudulently transferred the properties to his Corporation Soles depriving the True owners of their equitable rights to the
Real Property.
PLAINTIFF'S VERIFIED COMPLAINT FOR:
Unfair Business Practices
Fraudulent Concealment
Violations of Cal. Corp, Code 17540.2 (a) and (b) (multiple Counts)
Fraudulent Misrepresentations
Violation of CA. BPA Code 1720
Breach of Fiduciary Duty
Quiet Title
Conversion thru Fraudulent Concealments - CCCP 338 (Multiple Counts)
Fraudulent Transfers under UFTA (Multiple Counts)
Breach of Covenant of Good Faith and Fair Dealing
Breach of Written Contract
Negligence
Negligence Per Se
Plaintiff alleges that Between December and June. Defendant PERCIVAL collected approximately $295.000 in additional money for AGL-NV (EXHIBIT 3) and converted majority of same funds for his personal use and tor the use of his entities and his son Defendant PHILIP. The entities include but not limited to Defendants DGR, CAAC, PPP, LLC.
Plaintiff alleges that on or about January 16, Defendant PERCIVAL removed from the AGL - NV accounts the approximated amount of $48,896.35 for a purported Real Estate Tax payment for a property owned by Defendants CAAC and PRESIDING REGENT. AGL-NV has no interest in the said property. Defendant PERCIVAL, CAAC and PRESIDING REGENT illegally disbursed funds owned by AGL-NV for their own use.
Plaintiff alleges that on or about August 25, Defendant PERCIVAL removed from the AGL - NV accounts the approximate amount of$ 63,258.68 in funds for a purported Real Estate Tax payment for a property owned by Defendants CAAC and PRESIDING REGENT. AGL-NV has no interest in the said property. Defendant PERCIVAL, CAAC and PRESIDING REGENT illegally disbursed funds owned by AGL-NV for their own use.
Plaintiff alleges that from the period December and March Defendant PERCIVAL, CAAC and PRESIDING REGENT removed from the AGL - NV accounts the approximate amount of funds equaling about $9,803.54 for purported payments made in behalf of CAAC. AGL -NV has no interest in the ownership of any Real Property owned by CAAC.
Plaintiff alleges that from December thru March Defendant DGR divested AGL NV 0f $52,814.61 in funds for various reimbursements as well as personal income for Defendant PERCIVAL of which $23,700.00 was disguised as consulting fees. Plaintiff upon information and belief: has no contractual greement with DGR for an ongoing consulting fee for no work to be performed.
Plaintiff alleges that from the period December thru March Defendant RAMON removed approximately $41,139.53 of AGL - NV fund to his various entities, Sayraw Holdings, Monbarr and Associates of which $26,000.00 is personal income disguised as consulting fees. Plaintiff upon information and belief, does not know of any contractual agreement between Defendant RAMON or any of his companies named in this paragraph.
Plaintiff alleges that from the period December thru March Defendant PPL LLC removed approximately $8,250.00 of AGL - NV funds disguised as consulting fees but upon information and belief, is personal income to Defendant PHILIP PERCIVAL.
Plaintiff alleges that Balangue has continuously requested a detailed accounting and any and all legal documents-pertaining to the "Desert Gypsum Project" which has materialized into AGL -CA and subsequently AGL - NV.
Plaintiff alleges that on or about February 28, Defendant PERCIVAL removed Defendant RAMON as a Managing Member of AGL-NV.
Plaintiff alleges that on or about August 26, Defendants PERCIVAL, PERCIVAL-NV, and AGL-NV transferred via Quitclaim Deed Gypsum 3 to Gypsum 12, fully described above under subject properties, to Defendants PROSPERITY and REGENT and recorded such Fraudulent Transfer at the County Recorder's Office County of Riverside under Document# 0379968 (EXHIBIT 4). Defendant PERCIVAL and PERCIVAL-NV had the fiduciary responsibility as Managing Member of protecting the assets of AGL-NV and its owners. Defendant PERCIVAL fraudulently transferred the properties to his Corporation Soles depriving the True owners of their equitable rights to the Real Property.
On or about August 26, Defendants PERCIVAL, AGL-NV and PERCIVAL-NV, transferred via Quitclaim Deed Gypsum I to Gypsum 2, fully described above under SUBJECT PROPERTIES, to Defendants CAAC and PRESIDING REGENT and recorded such Fraudulent Transfer at the County Recorder's Office County of Riverside under Document# 0379966 (EXHIBIT 5). Defendant
PERCIVAL had the fiduciary responsibility as Managing Member of protecting the assets of AGL-NV and its owners. Defendant PERCIVAL fraudulently transferred the properties to his Corporation Soles depriving the True owners of their equitable rights to the Real Property.
On or about August 26, Defendants PERCIVAL, AGL-NV and PERCIVAL-NV, transferred via Quitclaim Deed Gypsum 13 to Gypsum 22, fully described above under SUBJECT PROPERTIES, to Defendants HOUSE OF PERCIVAL and ALMONER and recorded such Fraudulent Transfer at the County Recorder's Office County of Riverside under Document# 0379970 (EXHIBIT6). Defendant PERCIVAL had the fiduciary responsibility as Managing Member of protecting the assets of AGL-NV and its owners.
Defendant PERCIVAL fraudulently transferred the properties to his Corporation Soles depriving the True owners of their equitable rights to the Real Property.
Plaintiff alleges that on or about August 29, Defendants PERCIVAL, acting as an individual, Almoner, Regent and Presiding Regent of his 3 Nevada Corporation Soles, filed at the Bureau of Land Management Documents claiming the right of Gypsum I to Gypsum.
Plaintiff alleges that on or about October 4, Defendant PERCIVAL called tor a meeting of in Stockton, California to convince investors that it was necessary to sell at 6 acres parcel owned by the pllaintiff and a group of other people because of the need for funds. Defendant PERCIVAL advanced papers claiming verifiably wrong information in an attempt to perpetuate further fraud upon the Plaintiff and others. (EXHIBIT 7) In it, he implies that the Mining Claims are still under the control of AGL - NV. This is a false statement since he has transferred said Claims to 3 different entities. It is clear he intended to deliver and did deliver fraudulent information to the people present.
Plaintiff alleges that on or about November 2, Plaintiff received a Partial Assignment (EXHIBIT 8) from Renato Balangue and Elizabeth Balangue (Not parties to this suit) for a divided 50% interest of an Agreement dated February 15,1998 by and Between Defendants RAMON, PERCIVAL, CRC and AGL-CA (referenced as '"Desert Gypsum Project" in the Agreement) (EXHIBIT 9)
The Partial Assignment had an effective date of February 16,1998. Described agreement gave Plaintiff 2.5% equity on the Desert Gypsum Project. The central subject matter of this complaint. Other things were promised to the Plaintiff on said Agreement.
On or about November 10, Plaintiff discovered from Defendant PERCIVAL that the title to the 22 Claims was transferred to three (3) Nevada Corporation Soles in which PERCIVAL was the Regent, Presiding Regent or the Almoners of said Corporation Sole, thereby having complete control and possession of the SUBJECT PROPERTIES.
Plaintiff alleges that on or about November 10, Plaintiff requested the return of the SUBJECT PROPERTIES to AGL-NV and to date, Defendants have refused to return said properties. Defendants are in possession and control of SUBJECT PROPERTIES which is a subject of the matter presented to this Court along with other violations of statutes pleads in this complaint.
Plaintiff alleges upon information and belief that Defendants CAAC, HOUSE OF PERCIVAL and PROSPERITY FELLOWSHIP are nothing but shell corporations soles that are alter-egos to Defendant PERCIVAL.
Plaintiff alleges that this action also concerns Defendants' unlawful, fraudulent and unfair business acts or practices, Defendants engaged in a campaign of deceptive conduct and concealment aimed at maximizing the number of victims that Defendants can cause to advance funds and eventually converting funds and property for their own personal gain.
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