Sandra Eve Kardos
CERTIFIED PUBLIC ACCOUNTANT

FIRST CAUSE OF ACTION

(Quiet title to real property by Kardos against Sunbelt and Does 1-30)

1. On information and belief, Sunbelt Construction Company, Inc. is a California corporation that committed acts described below in Los Angeles County.

2. On information and belief, the identities of Defendants named as Does 1 – 30 are unknown, but claim an interest in one or more of the following Properties:

(a) 17839 Osborne St., Northridge, CA 91325, legally described as: Lot 10 of Tract No. 18012, as per map recorded in Book 455, Pages 32 and 33 of Maps, in the office of the County Recorder of Los Angeles, California.

(b) 5554 Radford, North Hollywood, CA, legally described as Lot 1 of Tract No. 12724, as per map recorded in Book 244, Pages 3 and 4 of Maps, in the office of the County Recorder of Los Angeles, California.

(c) 32109 Crown Valley Rd., Acton, CA legally described as Lots 4, 5, and 6 of Block 19 of Town of Acton, as per map recorded in Book 52, Page 7 of Miscellaneous Maps in the office of the County Recorder of Los Angeles, California.

3. In 1986, suit was filed in U.S. District Court, Central District of California entitled Aardvark Parnerships, v. John W. Disterdick, #CV 86-0600-JSL ("Federal Action") that later settled for over $2,000,000 and that required the expenditure of funds for litigation costs and tax litigation prior to any distribution to Aardvark Partnerships.

4. On information and belief, under the settlement in the federal case, Peter S. Smith was appointed one of three directors of the T&FP Litigation Fund to handle distribution of any excess funds at the direction of the Aardvark Partnerships.

5. Because the entire $2,000,000 settlement was spent on litigation costs and tax litigation, there were no excess funds to be distributed to the partnerships. As a result, the T&FP litigation fund was never funded and never existed.

6. On information and belief, Smith filed suit to try to circumvent the federal settlement in a case entitled, Peter Smith, Trustee of the T&FP Litigation Trust Fund v. Charles Brink, et al., Los Angeles Superior Court #PC014798W ("State Action") in an effort to control money from the federal settlement by claiming to be the trustee of a nonexistent trust, entitled to receive the money, rather than true beneficiary, the Aardvark Partnerships.

7. Smith improperly claimed that the $2,000,000 settlement should not have been spent on litigation costs and tax litigation for the benefit of the Aardvark partnerships but instead used to pay the litigation costs in his attempt to take control of settlement funds.

8. Prior to the filing of the State Action, the majority of the partners in the Aardvark partnerships had assigned their interest in the partnerships to Charles Brink.

9. On information and belief, the parties settled the State Action by a stipulated judgment in favor of Smith as Trustee against Sandra Kardos for $300,000 "which sum is to inure to the exclusive benefit of the Aardvark Partnerships consistent with the distribution set forth pursuant to the Federal Court ‘Settlement Agreement’".

10. In reliance of the requirement that the $300,000 payment inure to the exclusive benefit of the Aardvark partnerships, both Kardos and Brink signed the settlement agreement to eliminate trial expenses. The settlement specifically required each side to pay their own attorney fees and litigation costs.

11. On information and belief, Plaintiff executed a deed of trust to the Properties to secure payment of the stipulated judgment that was to inure to the exclusive benefit of the Aardvark Partnerships.

12. On information and belief, Smith and Defendant Sunbelt Construction Company, Inc. conspired to fraudulently assigned to Sunbelt Construction the judgment and beneficial interest in the trust deed to the Properties for the financial gain of both Smith and Sunbelt in breach of Smith’s fiduciary duty to beneficiary, the Aardvark Partnerships.

13. On information and belief, Sunbelt Construction foreclosed on the fraudulently assigned beneficial interest in the trust deed and fraudulently obtained record title to the Properties.

14. At all times, Plaintiff has been the rightful owner of the Properties.

(Set aside default judgment by Kardos and Gorgonio against Jenville and Does 31-40)

15. On information and belief, The Jenville Company ("Jenville") is a California partnership that committed acts described below in Los Angeles County.

16. On information and belief, the identities of Defendants named as Does 31 – 40 are unknown, but believed responsible for the damages alleged.

17. In 1993, Jenville filed suit against Plaintiffs in The Jenville Company v. Gorgonio Wind Generating Company, et al., Superior Court, Orange County #639934 ("Orange County Action").

18. On information and belief, Jenville never properly served any of the defendants with summons and complaint in the Orange County Action, yet obtained a default judgment of $1,267,717.41.

19. The default judgment should be set aside for invalid service of process.

Plaintiffs prays:

To quiet title to the three Properties in the name of Plaintiff.

For a declaration that Defendants have no right, title, or interest in the Properties.

Damages in an unknown amount, but believed to exceed $1,000,000.

To set aside the default judgment in the Orange County Action.

Costs of suit.

Such other relief as appropriate.

________________________

Robert Gentino

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