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DUANE LILIEN In Pro Se 950 Via Rancho Parkway Escondido, California 92029 Telephone: 619-990-5500 In Pro Se

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION ) ) ) ) ) ) ) ) ) ) ) )

DUANE LILIEN, an individual vs. Plaintiff,

Case No. COMPLAINT FOR BREACH OF CONTRACT; LIBEL,; INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; AND FRAUD

GEORGE PATTERSON, an individual; and DOES 1 through 100, inclusive Defendant.

Comes now Plaintiff Duane Lilien, who is informed and believes, and on that basis alleges as follows: PRELIMINARY ALLEGATIONS 1. Plaintiff Duane Lilien (Lilien) is a natural person who at all times mentioned

herein, resided within this county. 2. Defendant George Patterson (Patterson) is a natural person who, at all times

mentioned herein, resided within this county. 3. On, or about, October 31, 2008, Lilien and Patterson entered into a contract (the

Contract) in this county and the Contract was to be performed in this county. 4. Lilien is ignorant of the true names and capacities of those Defendants listed as

Does 1 through 100, inclusive. Lilien will amend this Complaint to allege their true

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names and capacities when ascertained. 5. Each of the above mentioned Doe Defendants acted against Lilien's interests and

caused or contributed, in whole or in part, to the harm occasioned by Lilien as alleged herein. 6. The terms of the Contract were such that Lilien would design and build the

substructure of a modular home for Patterson on the property located at 23518 Old Manzanita Road, Escondido, California 92027 (the Property). In return for his expertise and labor, Patterson was to pay to Lilien the sum of $24,600.00 (Twenty-Four Thousand, Six Hundred Dollars) in three installments. The initial installment was to be $7,500.00 (Seven Thousand, Five Hundred Dollars) and the two remaining installments were to each be $8,550.00 (Eight Thousand, Five Hundred, Fifty Dollars). FIRST CAUSE OF ACTION (Breach of Contract) 7. Lilien refers to and incorporates by reference paragraphs 1 through 5, inclusive,

as though fully set forth at length herein. 8. On or about early 2009, Patterson breached the Contract by canceling

construction of the Property and refusing to pay the remaining two installments due to Lilien. 9. Lilien has performed all obligations to Patterson, with regard to the Contract,

except those obligations Lilien was prevented or excused from performing. 10. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. SECOND CAUSE OF ACTION (Libel) 11. Lilien refers to and incorporates by reference paragraphs 1 through 10, inclusive,

as though fully set forth at length herein. 12. On, or about, May 1, 2009, Patterson published a letter to a customer of Lilien.

The letter states that Lilien had lost his contractors license and clearly intimated that
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Lilien had absconded with $22,500.00 (Twenty-Two Thousand, Five Hundred Dollars) of Pattersons money. 13. Patterson was fully aware of the truth of the matter that Liliens contractors

license was not suspended or revoked at that time and that $15,000.00 (Fifteen Thousand Dollars) of the alleged theft had been given to Laurel Creek Homes (LCH) by Lilien at the behest of Patterson toward the purchase of the modular home Patterson was intending to construct on the Property. 14. The letter is libelous on its face. It clearly exposes Lilien to hatred, contempt,

ridicule and obloquy because it charges Lilien with having committed a theft and a fraud. 15. The letter was seen and read by Diane Varshock and possibly as yet ascertained

other persons. 16. As a proximate result of the above-described publication, Lilien has suffered loss

his reputation, shame, mortification, and injury to his feelings, all to his damage in an amount according to proof. 17. By the aforementioned acts, Patterson willfully, maliciously, and intentionally

caused damage to Lilien and Lilien should recover punitive and exemplary damages in addition to actual damages, in an amount according to proof. THIRD CAUSE OF ACTION (Interference with Prospective Economic Advantage) 18. Lilien refers to and incorporates by reference paragraphs 1 through 17, inclusive,

as though fully set forth at length herein. 19. Lilien has an expectancy in continuing and advantageous economic relationships

with current and prospective customers. Many of Liliens prospective customers are referred to him by current and past customers. These referrals are based on Liliens honesty, integrity, and work ethic among other factors. When those factors are brought into question, then there is a very strong probability that the referrals will cease or diminish in number.
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20.

Patterson was fully aware of the importance of Liliens good reputation and that

by his actions, he would be interfering with Liliens prospective economic advantage. 21. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. 22. By the aforementioned acts, Patterson willfully, maliciously, and intentionally

caused damage to Lilien and Lilien should recover punitive and exemplary damages in addition to actual damages, in an amount according to proof. COUNT II 23. Lilien refers to and incorporates by reference paragraphs 1 through 22, inclusive,

as though fully set forth at length herein. 24. When Patterson attempted to deal directly with the manufacturer of modular

homes, Laurel Creek Homes (LCH), he was informed that LCH would only deal with a licensed general contractor to ensure that there was no confusion as to the building specifications. LCH recommended Lilien as Lilien was both a general contractor and a licensed dealer of LCH modular homes. 25. Prior to entering into the Contract with Patterson, Lilien agreed as a favor to

LCH to accept Pattersons initial $15,000.00 (Fifteen Thousand Dollars) down payment to LCH and transfer that payment to LCH. Lilien did not intend, nor did he, take any commission, compensation, or profit from this transaction. He merely received payment from Patterson and then passed that same payment onto LCH. 26. 27. Patterson was fully aware of, and agreed to, this arrangement. Patterson was fully aware that Lilien had acted strictly as a middleman for the

benefit of Patterson. 28. When Patterson decided against continuing the purchase of the modular home

from LCH, and the construction of the Property, he made a demand on LCH to return his deposit. 29. When LCH refused to refund the deposit as it had already been expended on

Pattersons behalf, Patterson made a false claim against Liliens Contractors License
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by claiming that Lilien was responsible for the $15,000.00 paid to LCH. Patterson admitted that he only made the claim against Liliens license because he could do so without having to expend funds for attorneys fees. 30. Patterson was also aware that his actions could cause Liliens contractors license

to be suspended or revoked, thereby severely impacting Liliens prospective economic advantage. 31. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. 32. By the aforementioned acts, Patterson willfully, maliciously, and intentionally

caused damage to Lilien and Lilien should recover punitive and exemplary damages in addition to actual damages, in an amount according to proof. FOURTH CAUSE OF ACTION (Fraud - Intentional Misrepresentation) 33. Lilien refers to and incorporates by reference paragraphs 1 through 32, inclusive,

as though fully set forth at length herein. 34. Patterson defrauded Lilien by making representations of material fact that he

intended to construct a modular home on the Property and would therefore require Lilien to supply the building substructure including the plans and necessary materials, which representations were in fact false. 35. When Patterson made the representations, he knew them to be false and made

them with the intent to defraud and induce Lilien to act as described. Lilien believed the representations to be true and acted in justifiable reliance thereon. 36. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. 37. By the aforementioned acts, Patterson willfully, maliciously, and intentionally

caused damage to Lilien and Lilien should recover punitive and exemplary damages in addition to actual damages, in an amount according to proof. ///
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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 26 27 28 42. 38.

FIFTH CAUSE OF ACTION (Fraud - Negligent Misrepresentation) Lilien refers to and incorporates by reference paragraphs 1 through 37, inclusive,

as though fully set forth at length herein. 39. Patterson defrauded Lilien by making representations of material fact that he

intended to construct a modular home on the Property and would therefore require Lilien to supply the building substructure including the plans and necessary materials, which representations were in fact false. 40. When Patterson made the representations, he had no reasonable ground for

believing the representations were true and made them with the intent to defraud and induce Lilien to act as described. Lilien believed the representations to be true and acted in justifiable reliance thereon. 41. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. SIXTH CAUSE OF ACTION (Fraud - Concealment) Lilien refers to and incorporates by reference paragraphs 1 through 41, inclusive,

as though fully set forth at length herein. 43. Patterson defrauded Lilien in that Patterson concealed or suppressed material

facts that he had no intention of completing the construction on the Property, which facts he was bound to disclose, by telling Lilien other facts to mislead Lilien and prevent Lilien from discovering the concealed or suppressed facts. 44. Patterson concealed or suppressed the true facts with the intent to defraud and

induce Lilien to act as described. Lilien were unaware of the concealed or suppressed facts and would not have taken the actions described if they had known the facts.. 45. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. 46. By the aforementioned acts, Patterson willfully, maliciously, and intentionally

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caused damage to Lilien and Lilien should recover punitive and exemplary damages in addition to actual damages, in an amount according to proof. SEVENTH CAUSE OF ACTION (Fraud - Promise Without Intent to Perform) 47. Lilien refers to and incorporates by reference paragraphs 1 through 46, inclusive,

as though fully set forth at length herein. 48. Patterson defrauded Lilien in that Patterson made a promise about a material

matter without any intention of performing it, when he entered into the Contract. 49. Patterson's promise without any intention of performance was made with the

intent to defraud and induce Lilien to rely upon it and to act as described. Lilien was unaware of Patterson's intention not to perform and acted in justifiable reliance upon the promise. 50. Lilien has suffered damages legally and proximately caused by Pattersons

actions, as alleged herein, in an amount according to proof. 51. By the aforementioned acts, Patterson willfully, maliciously, and intentionally

caused damage to Lilien and Lilien should recover punitive and exemplary damages in addition to actual damages, in an amount according to proof. WHEREFORE, Lilien pray for judgment from this Court as follows: IN PLAINTIFFS FIRST CAUSE OF ACTION 1. For compensatory incidental and consequential damages against Patterson for

breach of contract, in an amount to be proved at trial; IN PLAINTIFFS SECOND CAUSE OF ACTION 2. For compensatory incidental and consequential damages against Patterson for

libel, in an amount to be proved at trial; 3. For punitive or exemplary damages against Patterson for libel; IN PLAINTIFFS THIRD CAUSE OF ACTION, COUNT I 4. For compensatory incidental and consequential damages against Patterson for

interference with prospective economic advantage, in an amount to be proved at trial;


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5.

For punitive or exemplary damages against Patterson for interference with

prospective economic advantage; IN PLAINTIFFS THIRD CAUSE OF ACTION, COUNT II 6. For compensatory incidental and consequential damages against Patterson for

interference with prospective economic advantage, in an amount to be proved at trial; 7. For punitive or exemplary damages against Patterson interference with

prospective economic advantage; IN PLAINTIFFS FOURTH CAUSE OF ACTION, COUNT I 8. For compensatory incidental and consequential damages against Patterson for

fraud - intentional misrepresentation, in an amount to be proved at trial; 9. For punitive or exemplary damages against Patterson for fraud - intentional

misrepresentation; IN PLAINTIFFS FIFTH CAUSE OF ACTION, COUNT I 10. For compensatory incidental and consequential damages against Patterson for

fraud - negligent misrepresentation, in an amount to be proved at trial; IN PLAINTIFFS SIXTH CAUSE OF ACTION, COUNT I 11. For compensatory incidental and consequential damages against Patterson for

fraud - concealment, in an amount to be proved at trial; 12. For punitive or exemplary damages against Patterson for fraud - concealment; IN PLAINTIFFS SEVENTH CAUSE OF ACTION, COUNT I 13. For compensatory incidental and consequential damages against Patterson for

fraud - promise without intent to perform, in an amount to be proved at trial; 14. For punitive or exemplary damages against Patterson for fraud - promise

without intent to perform; /// /// /// ///


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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 26 27 28 Dated: 15. 16. 17.

IN ALL CAUSES OF ACTION For attorney's fees in an amount according to proof; For costs of suit, including Court costs, according to proof; For any and such further relief deemed just and proper by the Court.

Duane Lilien, Plaintiff

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