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Elizabeth B. Griffith 3881 Eureka Rd. #1102 Roseville, CA 95661 916-410-1619 IN PRO PER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER

ELIZABETH B. GRIFFITH, ) JOHN GRIFFITH AND ROYEL GRIFFITH, ) ) Plaintiffs, ) ) vs. ) ) 1st OPTION MORTGAGE INC., DINO ) ROSETTI, DERRICK DAVIS, ALLSTAR ) FINANCIAL SERVICES INC., PACIFIC ) COAST BUILDERS INC., EDWARD ) BRITT GREGURICH, DOES 1 ) THROUGH 20 INCLUSIVE, ) ) Defendants. ) )

Case No.: S-CV-0024987 FIRST AMENDED COMPLAINT FOR DAMAGES AND FOR SET ASIDE OF TRUSTEE SALE, QUIET TITLE, CANCELLATION OF INSTRUMENT/ RESCISSION OF CONTRACT, FRAUD/ INTENTIONAL MISREPRESENTATION, NEGLIGENCE/PROFESSIONAL MALPRACTICE, TRESPASS/ INTENTIONAL TORT, and ELDER ABUSE (FINANCIAL)

COMES NOW Plaintiffs, Elizabeth B. Griffith, (hereinafter Plaintiff EG) an individual, and John Griffith (hereinafter JG) and Royel Griffith (hereinafter RG) a married couple, to complain against Defendants 1st Option Mortgage Inc., a California Corporation; Dino Rosetti, Derrick Davis (aka Terry McCullough), Allstar Financial Services, Inc., a California

COMPLAINT FOR DAMAGES

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Corporation; Pacific Coast Builders, Inc., a California corporation; Edward Britt Gregurich, and DOES 1-20, inclusive, and each of them, (Defendants) as follows: GENERAL ALLEGATIONS Plaintiff EG is an individual residing in Placer County, in the State of California. She was the owner of the subject property located at 9480 Sierra College Blvd. Roseville, California, in Placer County. This was her primary residence from 1991, until May 20, 2009. Elizabeth B. Griffith was born in 1923 and was a person over 65 years of age at all times relevant.
1.

Plaintiffs John and Royel Griffith, a married couple, the son and daughterin-law of Elizabeth, are now and at all times mentioned herein residents of Placer County. The subject property was their primary residence from 1994 until Dec. 2, 2009. Defendant 1st Option Mortgage, Inc. (hereinafter 1st Option) is, and at all times mentioned herein was, a registered California Corporation with a principal place of business in the City of Roseville and is doing business as a mortgage broker in the County of Placer. Dino Rosetti was a mortgage broker employed by 1st Option and doing business in the County of Placer.

2.

3.

4. Derrick Davis was employed by and worked with Dino Rosetti, performing document delivery and other services. 5. Defendant Allstar Financial Services, Inc. (hereinafter Allstar) is, and at all times mentioned herein, was a registered California Corporation with a principal place of business in Woodland Hills, California, County of Ventura.

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6. Defendant Pacific Coast Builders, Inc., (hereinafter PCB) is, and at all times mentioned herein was, a registered California Corporation doing business in Placer County in the State of California. 7. Defendant Edward Britt Gregurich (hereinafter Britt) is, and at all times mentioned herein was an employee and manager of Defendant PCB. Defendant is a licensed contractor operating under Lic#443773. 8. Plaintiffs are ignorant of the true names and capacities of Defendants, sued herein as DOES 1 through 20, inclusive, and therefore sues these Defendants by such fictitious names. DOES 1-20 were at all times relevant herein, agents of Defendants and each of them. Plaintiffs will designate each DOE Defendant and serve them with this Complaint when their true names and capacities have been ascertained. Plaintiffs allege each of said Defendants designated as a DOE is legally responsible in some manner for the events and happenings herein referred to, and caused or is responsible in some manner for the damages proximately caused hereby. 9. Plaintiffs are informed and believe all of the Defendants acted in concert with the other Defendants named in this Complaint in the wrongful and improper activities alleged and, therefore, are responsible for the damages as alleged by Plaintiffs. 10. Plaintiffs are further informed and believe at all times mentioned

herein each individual, employee and person named in this Complaint was the agent and/or employee of each of the remaining Defendants and/or

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Defendant Employers, and acted in concert for the purpose of injuring Plaintiffs as alleged herein. Plaintiffs are further informed and believe at all times mentioned herein each Defendant and individual named in this Complaint was acting within the course and scope of that employment or relationship. 11. Plaintiffs are further informed and believe, and thereon allege, each of

the Defendants herein gave consent to, ratified, and authorized the acts alleged herein as to each of the remaining Defendants. Plaintiffs are informed and believe at all times mentioned herein, all Defendants are liable for the actions of each of the individuals mentioned herein. 12. Plaintiffs are informed and believe and thereon allege at all times

mentioned herein, the Defendants have pursued a common course of conduct, acted in concert with, and conspired with each other, and have aided and abetted one another to accomplish the wrongs complained of herein. FACTS COMMON TO ALL CAUSES OF ACTION 13. Plaintiff EG was residing at the Subject Property located at, 9480 Sierra

College Blvd., Roseville, California (hereinafter referred to as Subject Property). Plaintiff EG was title owner of the Subject Property at the time of execution of the loans and contracts referenced herein. 14. On or about September 2006, Plaintiff EG wanted to secure a new

construction loan on the Subject Property to pay off the existing loan and facilitate the completion of the new 5800 sq. ft. estate already in

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progress. 15. Plaintiff EG had spoken with several lenders and all had requested an

appraisal. Once the house shell was constructed. Tiner Appraisals appraised the subject property at $2,018,400. Strictly from an appraisal standpoint the subject property had almost doubled in value in less than a year. 17. In late September 2006, Defendant Derrick Davis, at that time

introducing himself to plaintiffs as Terry McCullough, showed up representing himself as a wealthy English entrepreneur who owned several estate properties and a number of higher-end homes in four counties, as well as a Nevada corporation, and might be interested in the subject property. 18. Plaintiffs JG and RG were overseeing the day-to-day operations of the

construction, fielding the different interested parties questions, and engaging in the usual banter that surrounds any large project. Plaintiff EG took care of most of the finances. By January 2007 Defendant Davis had become a daily visitor. Davis was aware that Plaintiff EG was looking for a loan and introduced Plaintiffs to Dino Rosetti of 1st Option. About the middle of January 2007 Defendants Dino Rosetti and 1st Option contacted Plaintiff EG regarding loan applications and other paperwork, which Defendant Davis would deliver to her. Those defendants told her all that was required of her was a signature on their

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multiple blank application forms, and Defendants 1st Option and Dino Rosetti would fill in the rest of the information. A copy of the completed loan application and the blank ones are attached as Exhibit 1. 21. On or about February 16, 2007, Elizabeth B. Griffith signed her name to

documents for a loan from Defendant Allstar. A deed of trust was recorded February 23, 2007, in the Official Records of the office of the Recorder of Placer County. The originals of those documents are not in plaintiffs possession. A set of the copies provided, which may or may not match the originals are attached as Exhibit 2. At that time Elizabeth B. Griffith was ignorant as to the misrepresentations made by Defendants Davis, 1st Option and Dino Rosetti, in regard to her loan application. She had no reason to suspect at the time Defendants were wrongfully and fraudulently altering the facts of her finances, income, employment, etc. The details and depth of the fraud are still being uncovered. 23. In June 2007, Defendant Britt Gregurich of PCB agreed to help with the

demolition and removal of the old house and garage on subject property. A copy of his bill, marked as Exhibit 3, is attached showing the original cost and scope of the work. 24. Plaintiffs JG and RG had contracted Blaine Stumpf Trucking to have two

(2) 70-yard end dump trucks at the site to remove rubble from the demolition to a proper facility. Plaintiffs also already had three 40-yard debris bins on-site for the construction waste.

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25.

The plan was for all contractors and subs to put construction wreckage

debris into the trucks and bins, while all dirt, rock, and concrete would be put behind the house to remain on the subject property. 26. Defendant Britt of PCB, a licensed contractor, did exactly the opposite;

they filled the debris bins with dirt, brick and concrete, and with the debris from the house, created a 560 cubic yard landfill. 27. 28. Defendant PCBs services were terminated on June 22, 2007. Placer County Health Department came to the subject property the

next day, June 23, 2007, regarding a call they had received about illegal disposing of debris. Plaintiff Griffith was cited (a copy is attached as Exhibit4) and told the debris had to be removed. It took two months and $20,000.00 to clean up the mess. 29. Plaintiffs are informed and believe Defendant Allstar was told by

Defendant Britt Gregurich the project at the subject property should be finished by Defendant PCB. 30. 31. Defendant PCB was working for Defendant Davis at that time. Defendant Allstar wrote up a work-around (forbearance) agreement, a

copy of which is attached as Exhibit 5, in which they state borrower shall hire a new general contractor. This was not allowed to happen as Defendant Allstar had already hired PCB to finish the build. 32. Defendants Allstar and PCBs Britt Gregurich changed the locks put up

a fence and chained and locked it. Plaintiffs were barred from and locked out of the property owned by Elizabeth B. Griffith.

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33.

Defendant PCB cut holes in the brick walls, tore off a new genuine slate

roof, and stole all the copper flashing as well as a list of other high-end materials. (See itemized list attached as Exhibit 6) 34. The course Defendants chose to take blurs the line between civil and

criminal Defendants ability to manipulate the system by calling the police when Plaintiff wanted to check on progress. The police threatened to arrest Plaintiff John and Royel Griffith because none of the plaintiffs had a key, so according to the police, Plaintiffs had no right to be there. 35. Further, at all times herein mentioned, the Defendants were acting as

real estate professionals, and contractors, as agents for the Plaintiff with regard to the Subject Property. Plaintiffs were never aware of any facts before hand that made him/her suspicious of the veracity of Defendants representations.
36.

In doing the acts as herein alleged, Defendants were managers and agents of Defendant PCB, Allstar, 1st Option, and other Defendants and were personally guilty of oppression, fraud or malice. An award of punitive damages against Defendants is therefore warranted.

37.

Plaintiffs are informed and believe that at all times mentioned herein, that all of the Defendants acted in concert with the other Defendants named in this Complaint in the wrongful and improper activities alleged and, therefore, are responsible for the damages as alleged by Plaintiffs. Plaintiffs are further informed and believe that at all times mentioned herein each individual, employee and person named in this Complaint was

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the agent and/or employee of each of the remaining Defendants and/or Defendant Employers, and acted in concert for the purpose of injuring Plaintiffs as alleged herein. Defendants took said actions against Plaintiffs while within the scope of their employment. All Defendants are jointly and severally liable to Plaintiffs for the actions of 1st Option, Allstar, PCB, Britt Gregurich and other Defendants. 38. Plaintiffs are further informed and believe, and thereon allege each of

the Defendants herein gave consent to, ratified, and authorized the acts alleged herein to each of the remaining Defendants. Further, Plaintiffs allege that each of Defendants individually and severally was a fiduciary to Plaintiffs, owing Plaintiffs utmost loyalty and due care. 39. Plaintiffs are informed and believe and thereon allege at all times

mentioned herein, the Defendants pursued a common course of conduct, acted in concert, and conspired with each other, and have aided and abetted one another to accomplish the wrongs complained herein. 40. Plaintiffs are informed and believe and therefore allege all these facts

and causes of actions against the Doe Defendants. FIRST CAUSE OF ACTION Set Aside Trustee Sale and Quiet Title 41. Plaintiffs hereby incorporate by reference, replead and reallege each

and every allegation contained in the paragraphs above as though set forth herein. Until May 20, 2009, Plaintiff EG was the legal owner and title holder of the property located

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43.

of Placer at 9480 Sierra College Blvd., Roseville, CA in the County with a legal description of: The North half of the South 10 acres of the Northeast quarter of the Northeast quarter of Section 17, Township 10 North, Range 7 East, MDB&M. Excepting therefrom the West 685 feet thereof. Also excepting therefrom that parcel of land as described in the grant to the County of Placer, recorded may 31, 1962 in book 920 page 307 of the official records

44.

Plaintiffs are informed and believe and on such information and belief allege that Defendant Allstar claims an interest adverse to Plaintiffs in the above-described property as the holder of a fraudulent Trustees Deed recorded May 21, 2009, in the Official Records of the County of Placer, Document Number, 2009-43268, marked here as Exhibit 7, which is based on the Deed of Trust recorded February 23, 2007, document 20070019074-00 against the property that is the subject of this action. A copy of which is attached hereto marked Exhibit 2. Some of the unknown Defendants, specifically those additionally designated as DOES 1 through 20 claim interests in the property adverse to Plaintiffs as assignees and successors of Defendant Allstar.

45.

Plaintiffs are seeking to set aside the Trustee Sale and Quiet Title against the claims of Defendant Allstar as follows: The interest held by Allstar pursuant to a Deed of Trust; any adverse claims or potential adverse claims of the holder of legal title and their successors and assigns; the claims of all unknown Defendants, whether or not the claim or cloud is known to Plaintiff; and any unknown, uncertain, or contingent claims regarding the deeds marked as Defendants Deed of Trust and all

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interests granted thereunder dated Feb. 16, 2007 and recorded on Feb. 23, 2007 in the Official Records of the County of Placer, Document Number 2007-0019074-00, a copy of which is attached hereto as Exhibit 2; the claims of the successor Defendants; the claims of all unknown defendants described, whether or not the claim or cloud is known to Plaintiffs; and the unknown, uncertain, or contingent claim, if any, of other Defendants. The claims of Defendants and all other persons regarding the subject property are without any right whatever and are void and/or voidable. All persons and Defendants and each of the claims are without any merit and such Defendants have no right, title, estate, lien, or interest whatever in the above-described property or any part thereof. The above claims are a cloud on Plaintiff's title. 46. Plaintiff EG seeks to set aside the Trustee Sale as unlawful and

fraudulent. 47. Plaintiffs seek to quiet title to remove any liens, deeds of trust or any

other burdens upon the title in her sole name. SECOND CAUSE OF ACTION Cancellation of Instrument/Rescission of Contract 48. Plaintiff hereby incorporates by reference, repleads and realleges each

and every allegation contained in the paragraphs above as though set forth herein. 49. Plaintiff is informed and believes and on such information and belief

alleges that the claims described above represent claims that are of an

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interest adverse to the Plaintiffs ownership interests in the subject properties. There is in existence a certain written instrument which purports to be a Trustees Deed recorded May 21, 2009, in the Official Records of the County of Placer, Document Number, 2009-43268, marked here as Exhibit 7 Deed of Trust. The form and contents of the Deed of Trust are as set out in the copy of which is attached to this complaint as Exhibit 2 and incorporated by reference. The Deed of Trust is in the possession and/or under the control of Defendant Allstar. The purported signature of Plaintiff EG was procured as a result of the fraudulent misrepresentations of Defendants 1st Option, Dino Rosetti and Derrick Davis. 51. The Deed of Trust was foreclosed upon and trustee sale took place May

20, 2009. 52. Plaintiff seeks a declaration from the court to cancel the purported

Deed of Trust recorded Feb. 23 2007 in the Recorders Office of Placer County document number 2007-0019074-00. 53. Plaintiff seeks a declaration from the court to rescind any contracts

Plaintiffs have with Defendants. THIRD CAUSE OF ACTION Fraud Intentional Misrepresentation 54. Plaintiffs hereby incorporate by reference, replead and reallege each

and every allegation contained in the paragraphs above as though set forth herein.

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55. 56.

The misrepresentations made by all Defendants were in fact false. When Defendants herein made these misrepresentations, knowing

them to be false and doing so with the intention to deceive and defraud the Plaintiffs, so that Defendants and each of them could make their respective profits, commissions, sales quotas, and by depriving Plaintiff of the rights to title and ownership of the Subject Property, gain other beneficial financial interests. 57. The Plaintiffs, at that time, were ignorant of the Defendants false

representations stated herein, ignorant of Defendants secret intentions, and Plaintiffs could not, in the exercise of reasonable diligence, have discovered the Defendants secret intentions and false representations. In reliance on the promises of Defendants, Plaintiffs signed various documents. 58. Defendants are licensed Brokers, real estate professionals, and

contractors were employed by and under the direct supervision of Defendants. 59. Plaintiffs, at the time these representations were made by Defendants,

were ignorant of the misrepresentations. In reliance on the Defendants representations, and ignorant of said misrepresentations Plaintiffs took out a loan through Defendant, Allstar. 60. As a proximate result of the fraudulent conduct of Defendants as

herein alleged, Plaintiffs sustained damages, including property loss, monetary loss, medical expenses, emotional distress, loss of credit, loss of

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opportunities, legal fees and costs, and other damages to be determined at trial. 61. As a proximate result of Defendants breach of duty, breach of contract

and all other actions as alleged herein, Plaintiff has suffered severe emotional distress, mental anguish, harm, humiliation, embarrassment, and mental and physical pain and anguish, all to their damage in an amount to be established at trial. 62. The aforementioned conduct of Defendants was an intentional

misrepresentation, deceit, or concealment of a material fact known to the Defendants with the intention on the part of the Defendants of thereby depriving the Plaintiffs of property or legal rights or otherwise causing injury, and was despicable conduct that subjected the Plaintiffs to a cruel and unjust hardship in conscious disregard of the Plaintiff's rights, so as to justify an award of exemplary and punitive damages, as well as legal fees and costs. 63. Further, at all times herein mentioned, the Defendants were acting as

real estate professionals, pursuant to a written authorization to refinance the Subject Property; as the Plaintiff's real estate broker/lender, Defendants were acting as agent for the Plaintiff with regard to the refinance of the Subject Property herein alleged. Plaintiffs were never aware of any facts that made him/her suspicious of the veracity of Defendants representations. In doing the acts as herein alleged, Defendants were managers and

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68. 67. 66.

agents of Defendant 1st Option, Allstar, PCB, and other Defendants and were personally guilty of oppression, fraud or malice. An award of punitive damages against Defendants is therefore warranted. FOURTH CAUSE OF ACTION Negligence/Professional Malpractice 65. Plaintiffs hereby incorporate by reference, replead and reallege each

and every allegation contained in the paragraphs above as though set forth herein. All Defendants were agents, employees and other fiduciaries of each other as set forth within. Each of the wrongful acts by Defendants against Plaintiffs set forth within were done within the scope of that agency when performing their wrongful actions. Defendants are therefore directly, jointly and severally liable to Plaintiffs for the actions of 1st Option, Allstar, PCB, Britt Gregurich and all other Defendants as set forth within. At the time the fraudulent loan was processed, Said transactions were processed with the consent, knowledge and permission of Defendants 1ST Option, Allstar, other Defendants and each of them. At this time and place, Defendants 1st Option and other Defendants, and each of them negligently owned, supervised, trained, maintained, controlled and operated their businesses, so as to cause Plaintiffs damages. Defendants failure to properly own, supervise, train, maintain, control and operate their businesses, employees, agents and the transactions mentioned herein proximately caused Plaintiffs damages.

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Defendant 1st Option and other Defendants employed Defendants to perform these real estate and loan transactions for Plaintiffs and pursuant to this employment negligently rendered professional services to Plaintiffs. 69. As a proximate result of the negligent conduct of Defendants as herein

alleged, Plaintiffs sustained damages, including loss of property, monetary loss, medical expenses, loss of credit, loss of opportunities, legal fees and costs. Plaintiff has suffered severe emotional distress, mental anguish, harm, humiliation, embarrassment, and mental and physical pain and anguish, all to their damage in an amount to be established at trial. 70. Further, at all times herein mentioned, the Defendants were acting as

real estate professionals, pursuant to a written authorization to refinance the Subject Property; as the Plaintiff's real estate broker/lender, Defendants were acting as agent for the Plaintiff with regard to the refinance of the Subject Property herein alleged. Plaintiffs were never aware of any facts that made him/her suspicious of the veracity of Defendants representations. 71. The aforementioned conduct of the Defendants fraudulent

misrepresentations in the processing of a real estate transaction, in conscious disregard of the Plaintiffs rights, and Defendants fiduciary obligations, justify an award of exemplary and punitive damages. FIFTH CAUSE OF ACTION

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TRESPASS / INTENTIONAL TORT 72. Plaintiffs hereby incorporate by reference, replead and reallege

each and every allegation contained in the paragraphs above as though set forth herein. 73. In August of 2008 Defendants Allstar, PCB, and Britt Gregurich

changed the locks put up a fence and chained and locked it. Barring Plaintiffs access to the subject property of which Title was still in the name of Plaintiff Elizabeth B. Griffith. 74. Defendants then proceeded to destroy the property tearing off a

genuine slate roof stealing all the copper flashing (see picture Exhibit 8), and numerous items (see list Exhibit 6). 75. The course Defendants chose to take was no different in scope

than that of a common thief. Defendants never communicated with Plaintiffs. The only form of communication was in the form of calling the police when Plaintiff wanted to check on progress. The police threatened to arrest Plaintiff John and Royel Griffith because none of the plaintiffs had a key, so according to the police, Plaintiffs had no right to be there. Defendants ability to manipulate the system and blur the line between civil and criminal Plaintiff seeks the suspension of PCBs contractors license #443773 and damages in an amount to be determined by proof at trial. SIXTH CAUSE OF ACTION FRAUD IN THE INDUCEMENT

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77.

Plaintiffs hereby incorporate by reference, replead and reallege

each and every allegation contained in the paragraphs above as though set forth herein.
78.

Defendant lenders told plaintiff EG they would fill in the necessary information, using the facts and figures she provided and process the loan and that she qualified for the loan they would be providing. At the time they told her this, they knew they would be falsifying the information she provided to them and inflating her ability to pay and they knew they be substituting inaccurate figures. When they told her they would complete the form accurately they knew they did not intend to do so. Elizabeth B. Griffith signed the blank application form defendants offered to her and she was requested and did sign several other applications, also in blank all and only in reliance on their representation they would use the numbers she provided. If they had told her they would not use her numbers, she would not have signed the application blank forms. SEVENTH CAUSE OF ACTION FINANCIAL ELDER ABUSE

79.

Plaintiffs hereby incorporate by reference, replead and reallege

each and every allegation contained in the paragraphs above as though set forth herein. 80. In or about August of 2008, Defendants acting on their

knowledge of Plaintiff EG age related physical limitations, locked out and

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barred her and all Plaintiffs from any access to Plaintiff EG property. Defendants did this knowingly and with the intention of depriving the Plaintiffs of the property without any legal right to do so, and with the purpose of denying Plaintiff EG her legal rights or otherwise causing injury. 81. Plaintiff Elizabeth B. Griffith while still being owner and Title

holder of subject property having every right to be at, go to, and otherwise enjoy the entitled privilege of the fruits of ownership, was locked out and forbidden access to the subject property. Pursuant to 15610.30. (a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 1575 of the Civil Code (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property

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right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. Defendants, under the circumstances set forth above, and with the complete disregard of Plaintiffs wishes, with the express intent of permanently depriving the Plaintiffs of any rights of ownership, are guilty of Financial Elder Abuse. 86. Plaintiffs seek recovery for damages in an amount to be determined at

trial. WHEREFORE, Plaintiff prays judgment against Defendants and each of them as follows: 1. For a judgment that Defendants have no interest in the property adverse to the Plaintiffs; 2. 3. For judgment that the Deed of Trust instrument is cancelled; For rescission of the loan/contract and any agreements between Defendants and Plaintiffs; 4.
5.

For damages for Trespass and theft according to proof; For compensatory damages according to proof, lost credit, expenses, emotional distress, humiliation, mental anguish,

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medical

and other compensatory damages; 6. 7. 8. For general damages according to proof; For special damages according to proof; For interest on damages according to proof;

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9.

For punitive damages in an amount appropriate to punish Defendants and deter others from engaging in similar

misconduct; 10. 11. 12. 13. For prejudgment interest on such damages as provided by law; For legal fees incurred by Plaintiff; For costs of suit incurred by Plaintiff; and For such other and further relief as the court deems proper.

__________________________________ __________________________________

Dated: GRIFFITH

August 2,2010

ELIZABETH B.

JOHN E. GRIFFITH ROYEL M. GRIFFITH

IN PRO PER

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IN PRO PER

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