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Maricopa County Justice Courts, State of ArizonaWEST MCDOWELL JUSTICE COURT Room 200, 620 West Jackson St., Ste. 1038, Phoenix, AZ 602-372-6300

REQUESTS FOR REASONABLE ACCOMMODATIONSFOR PERSONS WITH DISABILITIES MUST BE MADE TOTHE COURT AT LEAST 3 JUDICIAL DAYS IN ADVANCEOF ANY SCHEDULED HEAING.

Payday Loan Store Of AZ # 3414252 W. Bethany Home RDPhoenix, AZ 85019480-529-5351

CASE NUMBER (!j!;2tJ / tJ - .3 J sy 7' )

Carl Seel1102 W. Helena Dr

Phoenix, AZ 85023

Plaintiff(s) Name I Address I Phone Defendant(s) Name I Address I PhoneThe Statutory Agent I Corporate Offcer to be served is:

SMALL CLAIMS COMPLAINT I SUMMONS I ANSWERWARNING: THERE ARE NO APPEALS IN SMALL CLAIMS CASES. You do not have the right to appeal the decision of the HearingOfficer or the Justice of the Peace in Small claims (Division) Court. If you wish to preserve your right to appeal, you mayhave your case transferred to the Civil Division of the Justice Court pursuant to ARS 22-504, if you request such atransfer at least ten (1 0) davs prior to the dav of the scheduled hearina.

NOTICE AND SUMMONSTO THE ABOVE-NAMED DEFENDANT(S):You are directed to answer this complaintwithin TWNTY

(20) DAYS by filing a written ANSWER in the court namedabove. If you do not answer or defend, you run the risk of having a jUd;;nt entered against you for the amount ofplaintiffs claim, plus court costs. A filing fee must be paid at the time your a wer is fied.Dae: r;: /(7 / 10 " k (SE)I / Clerk

PLAINTIFF'S CLAIMThis Justice Court has venue because 0 The defendant resides in this precinct, l& The debt, or cause of action, orincident that resulted in this claim, occurred in this precinct at the following location: 2702 W. Camelback RD Phx, AZ 85017$ 613.23 is the total amount owed me by defendant because:

DEFERRD PRESENTMENT SERVICE AGREEMENT NOT HONORED BY DEFENDANT. CHECK # 110 IN THE AMOUNT OF$588.23 WAS DISHONORED BY ARIZONA FEDERAL CREDIT UNION. IN DEBT TO PLAINTIFF PURSUANT TO ARS44-6852, AS PLAINTIFF IS HOLDER IN DUE COURSE.

Date: JUN 1 6 in1L c~DEFENDANT'S ANSWER A fiing fee must be paid at the time your answer is filed

r,~o Marital Community 0 Other: I do'ft owe the - -...;. f.. ,_. ~.

Plaintiff

I am answering on behalf of 0 Myselfplaintiff because:

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Date: Defendant( s)

NOTICE OF SERVICEI certify that I will mail a copy of this answer to the plaintiff at the above address.

Date: By: ~DefendantSC 8150-300 R:10-06-2008

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DAVID C. KENNEDY, ESQ.LAW OFFICE OF DAVID C. KENNEDY3819 E. INDIAN SCHOOL ROADPHOENIX, AZ 8S0 18

(602) 287-0340(602) 381-1810 -FAX

davidkennedylaw(fgmail.comBAR No. 003068

3

4

5A TTORNEY FOR PLAINTIFF

6 MACOPA COUN~ mSTICE COURTS, STATE OF ARZONAARC A BILTMORE mSTICE COURT

ow Jackson Street. Phoenix, AZ 85003

Case No. Cf)jti rl ~ 51~ ~L

7

8LA W OFFICE OF JOHN W. ACER,

Plaintiff,10 -vs- COMPLAINT

11 CAR SEEL and JAME SEEL, husbandand wife,

12Defendants.

(Breach of Contract; Unjust Enrichment; AccountStated; Open Account)

13COMES NOW Plaintiff LA W OFFICE OF JOHN W. ACER, by and through

14

undersigned counsel, and as its Complaint against Defendants CARL SEEL and JAME15

SEEL, husband and wife, Plaintiff alleges the following:16

GENERAL ALLEGATIONS17

1. JOHN W. ACER is ap. attorney licensed to practice law in the State of Arizona since18

1971. JOHN W. ACER is and has been the sole owner ofTH LAW OFFICE OF JOHNW. ACER

19

at all times relevant to the these proceedings.20

212. Defendant CAR SEEL and JAME SEEL, husband and wife, are residents of

Maricopa County.22

3 At all time relevant hereto; any and all actions undertaken by Defendants CAR23 .

24 SEEL, was undertaken on behalf of his marital community consisting of him and his wife

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1 JAME SEEL.

2 4. All the events listed herein, and all events relevant to these proceedings, occurred in

3 Maricopa County, Arizona.

4 5. Venue is proper in this Justice Court as the paries entered into a contractual agreement

5in the jurisdiction of this Justice Cour.

6

6. On or about February 20, 2007, Plaintiff LAW OFFICE OF JOHN W. ACER was7

retained to provide legal services on behalf of Defendant CAR SEEL (See Exhibit 1.)

7. The fee agreement for attorneys' services was executed by CAR SEEL on behalf of

his marital community consisting of him and his wife JAME SEEL

8. From June 23, 2006 unti as late as October 6, 2006, Plaintiff provided certain legal11

8

9

10

12 servLces to Defendants, with invoices for those legal services having been regularly delivered

13 to Defendants.

14 9. During the course of the representation, Plaintiff received intermittent payments of

15 varying amounts from or on behalf of Defendants. The last payment delivered from

16 Defendants to Plaintiff was in the amount of$I,OOO.OO on November 21, 2006.

19

17 10. Since that time, despite repeated demands, Defendants have declined and refused pay

18the amount due or any par thereof.

11. The remaining outstanding balance due for the services provided by Plaintiff, as

detailed in the invoices provided to Defendants is nine thousand seven hundred eighty-eight

dollars and fift-eight cents ($9,788.58), with said amounts stil being due and owed to

20

21

22

23Plaintiff. (See Exhibit 2.)

24

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BREACH OF CONTRACT(First Cause of Action)

212. Plaintiff reasserts the allegations in paragraphs 1-11 as if set forth fully herein.

3

13. Plaintiff and Defendants entered into an legally enforceable fee agreement pursuant to

4

which Plaintiff agreed to provide legal representation for Defendants and Defendants agreed5

6

to provide Plaintiff with payment for those services, said agreement between the paries

7constituting a valid enforceable contract.

14. Plaintiff performed its obligations under the parties' agreement, while Defendants have8

9 breached their obligations to pay for those services. Plaintiff has suffered pecuniary damage

10 as a result of Defendants' breach.

11 15. Plaintiff is entitled to judgment against Defendants in the amount of nine thousand

12 seven hundred eighty-eight dollars and fift-eight cents ($9,788.58).

13 UNJUST ENRICHMENT / QUANTUM MERUIT(Second Cause of Action)

Plaintiff reasserts the allegations in paragraphs 1-15 as if set forth fully herein.

14

16.15

17. Defendants received legal services with a value of nine thousand seven hundred16

eighty-eight dollars and fift-eight cents ($9,788.58) but have not paid for those legal17

18services.

19 18. Accordingly, Defendants have been unjustly enriched by its receipt of a valuable

20 benefit acquired to the detriment of Plaintiff.

21 19. Accordingly, Plaintiff is entitled to an award equal to the amount of the unjustly

22 acquired benefit and that benefit should be disgorged from Defendants.

23 ACCOUNT STATED(Third Cause of Action)24

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1 20. Plaintiff reasserts the allegations in paragraphs 1-19 as if set forth fully herein.

2 21. This matter constitutes an "account stated" as the amount presently due and owing

3 from Defendants to Plaintiff is nine thousand seven hundred eighty-eight dollars and fift-

4 eight cents ($9,788.58), said amount being a fixed amount due for which Defendants have

5

received and continue to receive regular invoices and with respect to which Defendants have6

neither objected nor paid.7

OPEN ACCOUNT8 (Fourth Cause of Action)

9 22. Plaintiff reasserts the allegations in paragraphs 1-21 as if set forth fully herein.

10 23. This matter constitutes an "open account" as the amount presently due and owing

from Defendants to Plaintiff is nine thousand seven hundred eighty-eight dollars and fift-11

eight cents ($9,788.58), said amount being a fixed amount due for which Defendants12

13received and continue to receive regular invoices and with respect to which Defendants have

not paid.

14

ATTORNEYS' FEES AND COSTS15

24. Plaintiff reasserts the allegations in paragraphs 1-23 as if set forth fully herein.16

1725. Plaintiff has been forced to hire an attorney to enforce its rights against Defendants.

26. Pursuant to A.R.S. 12-341 & 12-341.01, as well as pursuant to the terms of the18

parties' agreement, Plaintiff is entitled to an award of costs and attorneys' fees against19

20 Defendants regarding the breach of contract claims presented herein, if contested, as well as21 pursuant to the terms of the parties agreement, and in any event not less than $3,200.00 plus

22 costs.

23 PREJUDGMENT INTEREST24 27. Plaintiff reasserts the allegations in paragraphs 1-27 as if set forth fully herein.

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28. As the mne thousand seven hundred eighty-eight dollars and fift-eight cents

2 ($9,788.58) amount due under the parties' agreement is evidenced by invoice, it is a

3 liquidated amount, with respect to which Plaintiff is entitled to prejudgment statutory at the

4 rate of ten percent (10%) per anum thereon from December 1, 2006, the date of the invoice

5

following Defendants last timely payment on their balance due.6

WHREFORE, Plaintiff JOHN W. ACER d.b.a. THE LAW OFFICE OF JOHN W.7

ACER seeks Judgment against Defendants CAR SEEL and JAME SEEL, husband and8

wife as follows:9

101. For the remaining balance due to Plaintiff under the paries' contract in

the amount of nine thousand seven hundred eighty-eight dollars andfift-eight cents ($9,788.58), with prejudgment statutory interestaccruing from December 1, 2006 until paid;

1

12 2. For an award of attorneys' fees pursuant to either the paries agreementand/or A.R.S. 12-341.01, if the contract is contested, and in any eventno less than $ 3,200.00;

13

143. For an award of costs pursuant A.R.S. 12-341;

154. For any such further relief that the Court deems fitting and proper.p~e.-

Respectfully submitted this II day Of~lubt:r, 2009.

Law Offce of David C. Kennedy

16

17

18

19By: --~~/~ 7

DAVID C. KENNDYAttorney for Plaintif

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21

22

23

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1 STATE OF ARZONA )) SS

2 MACOPA COUNTY )VERIFICATION

3 JOHN W. ACER, being first duly sworn upon his oath, deposes and says:

1. That he is the owner of the Plaintiff business entity in this matter and asuch is duly authorized to execute this verification;

2. That he is an attorney who has continually been licensed to practice law inthe State of Arizona since 1971;

3. That he has read the attached Complaint and knows the contents thereof;

4

5

6

74. That the matters and things therein set forth are true as to his own

8 knowledge exce as to matters therein stated to be alleged upoinformation or be ie and as t hose matters, he bel':v them to be tre.

9

10

11

12

SUBSCRI D SWORN to before meon this//f a of/~ ,2009, by John W. Acer.

v!O~tary Public

13

15My Commission Exp ......

....,-:-g.~\~.

4

16

17

18

19

20

21

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-, -,

ATTORNEY-CLIENT RETAINER/EE AGREEMENT

This ATTORNEY-CLIENT RETAINR/FEE AGREEMENT ("Agreement") isc.ntered into by and betwexfl _CAR SEEL ("Clienttl) and The Law Offces of John w:Acel' ("Attorney") on thisdt day of June ~ 2006.

I. Conditions. This Agreement wil not take effect, and Attorney wil have no

obligation to provide legal services~ unti Client returns a signed copy of this

Agreement and pays the deposit called for under paragraph 3.

2. Scope and Duties. Client hires Attorney to provide legal services in connectionwith an election ballot challenge re: the Republican Primary in Arizona~s Sixth

Legislative District~ the civil Complaint for which shall be filed in Maricopa CountySuperior Court. Attorney shall provide legal services reasonably required to representand assist Client in this matter and shall take reasonable steps to keep Client informedof progress and to respond to Client's inquiries. Attorney's services wil not includelitigation of any kind, whether in court~ in administrative hearings 01' beforegovermnent agencies or arbitration tribunals, except as specified in this paragraph.Client shall be tiuthful with Attorney, cooperate with Attorney, keep Attorney

informed of developinents~ abide by this Agreement and keep Attorney advised ofClients address and telephone number.

This agL;eement specifically excludes representation ofClient by Attorney for appellate proceedings~ if any~

resulting from the trial court proceedings; appellate

representation wil be governed by a separate agreementbetween Client and Attorney, if necessary.

(~lt 2rtals:

,._-~--

3. Deposit. Client wil deposit with Attorney $ 2,500.00 as a retainer for

Attoiney's services, in addition to depositing $ 500.00 as a retainer for outside costs tobe incurred herein. These sums wil be deposited in Attorney's trust account to beused toward fees for legal services and related costs. Client hereby authorizes Attorneyto withdraw funds from the trust account to pay the costs and fees Client incurs. Anyunused deposit at the conclusion of Attorney's services wil be refunded. Clientexpressly acknowledges that additional fees for attomey~s services may be incurred asthe initial retaIner may be insufficient to accomplish all of Client's goals.

4. Legal Fees. Client agrees to pay for legal services at the following rates:$400.00 per hour for attorney services, $150.00 per hour for law clerk services and$75.00 per hour for paralegal servIces. Any outside attorneys~ to be hired in thediscretion of Attorney~ shall be biled between $150-$300/hour based on that outsideattorney~s going rate. Fees are not contingent upon the outcome of the case. After oneyear~ hourly rates may be modified, based upon changes in AItorneis then-prevailingrates. Charges are determined in units of tenths of an hour. If some services are

charged at a lesser rate, this shall not constitute a precedent or waiver of future fees.

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Attorney has the right to report Client to credit reporting agencies for non-payment oflegal fees, costs and expenses.

5. Costs and Expenses. In addition to paying legal fees, Client shall reimburseAttorney for all costs incurred by Attorney in representing Client, including but notlimited to tiling fees, long distance telephone or FAX, messenger fees, in-officephotocopying at twenty cents pel' page, consultants' fees and other similar items. ClientautholIzes Attorney to incur reasonable costs and to hire co-counsel and/or other

consultants reasonably necessary in Attorneis judgment. Attorney shall obtain Client'sconsent before retaining consultants if costs are expected to exceed $300.00.Attorney is authorized to discuss Client's case with any of Client's other advisors whenappropriate, including but not limited to persons such as Client's other legal counsel,accountants and/or insurance agents, etc.

6. Statements. Attorney shall send Client periodic statements for fees and costs-incurred. Statements may include amounts for replenishment of the retainer, to coverongoing servIces and costs. Client agrees to pay Attorney's statements within 15 daysafter the date of each statement. Client may request a statement at intervals of no lessthan 30 days. Upon Client's request, Attorney wil provide a statement within 10 days.Account balances that are unpaid 30 days after the billng date are subject to a servicecharge of one and one-half (1 Y: %) percent per month.

7. Discharge and WithdrawaL. Client may discharge Attorney at any time.

Attorney may withdraw with Client's consent or for good cause. Good cause includesClient's breach of this Agreement, Client1s refusal to cooperate with Attorney or tofo11O\:\ Attorney's advice on a material matter, or any other fact or circumstance thatwould render Attorney's continuing representation unlawful or unethicaL.

8. Conclusion of Services. When Attorney's services conclude, all unpaid chargesshall become immediately due and payable. After Attorney's services conclude,Attorney wil, upon Client's request, deliver Client's documents to Client, along withany of Client's property in Attorney's possession. Attorney has the right to reportClient's non-payment of legal fees, costs and-expenses incurred to any credit reportingagency. Client expressly agrees to take possession of and assume the responsibility formaintaining his or her case fie, within one year after the matter is concluded 01' within

one year after the termination of the attorney client relationship, whichever occursfirst. By doing so, Client relieves Attorney of the responsibility of maintaining

Client's case file for six years after the conclusion of the matter.

9. Disclaimer of Guarantee. Attorney makes no promises 01' guarantees about the

outcome ofClients case or the result of the representation. Attorneis comments areexpressions of professional opinion only.

10. Future Services. If Client engages Attorney's services for other legal matters,

the terms of this Agreement shall apply, without the necessity of an additional

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Agreement~ except that hourly rates shall be modified to Attorneis then-prevailng

rates.i 1. Effective Date. This Agreement wil take effect when Client has performed the

conditions stated in paragraph i ~ but its effective date wil be retroactive to the datAttorney first provided services for Client. The date at the beginning of thisAgreement is for reference only. Even if this Agreement does not take effect, Clienwil be obligated to pay Attorney the reasonable value of any services Attorney hasperformed for Client.

12. Marital Status. If Client is married~ Client is acting.in this capacity on behalf oboth Clienfs behalf and that of his/her spouse. Client should understand that Attornewil not generally keep secrets from a Client's spouse, absent a specific request fromClient to do so, and that such a specific request cannot be honored if Attorney is

specifically representing Clieiifs spouse as an additonal Client.13. Retention of Files: Attorney may dispose ofClients case fie, without notice to

Client, after the passage of six (6) years.D be bound by he above stated terms of this agreement:

~ kf ( (l-tfti/ces 0 John W Acer5125 rth i 6th Street~ Suite A~203Phoenix, AZ 85016-3927Phone: (602) 248-0964Fax: (602) 230-8560

RL SEELTelephone: (480) 818-9293

Date: J d015Cl

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