MONICA R. GUILLEMIN WILLIAMS, J.D.

and
1 DUANE WILLIAMS
4195 Chino Hills Parkway #478-Chino Hills, CA 91709
2 951-505-2503
monicaguilleimin@gmail.com
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4 MONICA R. GUILLEMIN WILLIAMS, J.D., AND
DUANE WILLIAMS, IN PRO PER
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF LOS ANGELES-CENTRAL DISTRICT COURT

UNLIMITED JURISDICTION

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MONICA R. GUILLEMIN WILLIAMS, J. D., ) Case No.: BC 607338
11 DUANE WILLIAMS
)
)
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Plaintiff(s),
)
) Judge: Hon. Mel Red Recana
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vs.
)
14 BILL WINSTON, SL HARE CAPITAL
) Dept.: 45
INVESTMENT BANKERS, INC, MANSIONS ) Room: 529
15 ON STOCKER LLC
)
) MOTION TO AMEND
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) COMPLAINT
JOHN MCDONALD, JOHN MCDONALD,
)
17 DBA, JOHN MCDONALD, INC. JOHN
WILLIAMS V WINSTON et. al
MCDONALD FAMILY TRUST, IMPERIAL ))
18 PROMENADE, LLC, IMPERIAL CENTURY )
PARTNERS, LLC, J.W.M. INVESTMENT,
)
19 INC., ANGELES FIELD, DBA, and
)
)
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)
SYNGON L HARE, SL HARE CAPITAL
)
21 INVESTMENT BANKERS, INC., MANSIONS )
ON STOCKER LLC
)
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)
DOES 1-50, INCLUSIVE
)
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)
)))
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TO:

ALL PARTIES AND THEIR ATTORNEYS OF RECORD;

26 PLEASE TAKE NOTICE that on January 19, 2016 at Los Angeles Superior Court, Central
27 Judicial District 111 North Hill Street, Los Angeles, CA 90012, Stanley Mosk Courthouse in
28 Department 45, Room 529 Plaintiffs Monica R. Guillemin and Duane Williams will and
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PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT

1 hereby does move the Court file an amended Complaint in this action. Motion to court to
2 allow Plaintiff to exercise first right to amend complaint filed January 14, 2016
This motion is made pursuant to California Code of Civil Procedure 473 (a) and

4 575 on the grounds of court to allow Plaintiff to exercise first right to amend complaint
5 filed January 14, 2016 to correct an inadvertent misstatements of facts, and to add
6 additional damages for prayers of relief, and add injunction relief to original complaint and
7 the established policy in California liberally permitting amendments at any stage of the
8 proceeding.
This motion is based upon this notice, the attached Declaration of Duane Williams

10 and Exhibits thereto, the records and files of this action, and upon such oral and
11 documentary evidence as may be presented upon the hearing of the motion.
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THE EFFECT OF THE AMENDMENT SUCH AS:

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A.

Correct Misstatement Of Fact In The Original Pleading

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B.

Add Additional Monetary Damages & Add Injunction Relief

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C.

Proposed Amendment Of Facts Previously Not Alleged

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A.

Correct Misstatement Of Fact In The Original Pleading

The misstatement of fact in the original pleading proposed to be corrected are facts

regarding the agreement with Ricard, starting on page 15 line 15, paragraph number 60
21 and 61 ending on line 23, page 15.
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23 The original complaint states:
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60. April, 2011, Winston recommended Williams provide Andrea Ricard (Ricard),
Winstons neighbor and long-time friend, the information on the IPP. Pursuit to
Winstons recommendation and under Winstons direction, Williams provided
the investment package to Ricard, and McDonald also executed a Promissory

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PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT

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Note to Ricard, whereby, through letters and documents, McDonald

represented himself as an agent and or representative of the (IPP), (Exhibit 10).
61. McDonald also represented himself as a member and partner of Imperial

Partners, LLC also described in the Investors Package. Under the terms of

the investment loan, Ricard remitted to McDonald forty-five-thousand dollars

($45,000), as a ninety-day loan requiring McDonald to repay $45,000 to

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Ricard.
Allegation proposed to be amended and therefore added to the Williams v

9 Winston First Amended Complaint start on page 15, line 15 paragraph number 60,
10 61, 62, 63, 64, 65, 66 thereby increasing the First Amended Complaint by 5 new paragraph
11 which now end on page 16 line 11 and are:
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60. April, 2011, Winston recommended Williams provide Andrea Ricard (Ricard),
Winstons neighbor and long-time friend, the information on the IPP. Pursuit to
Winstons recommendation and under Winstons direction, Williams provided
the investment package to Ricard.
61. At McDonald & Winston direction, Williams typed the document for
Defendants.
62. McDonald & Winston maintained there was an urgency for Ricards monetary
contribution towards the IPP project and claimed McDonald was out of town
and unable to provide McDonalds signature.
63. Defendants insisted Williams proceed as a messenger on Winston and

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McDonalds behalf particularly given Winstons close relationship with Ricard

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and Williams recent business transaction.

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64. Williams collected a $30,000 check from Ricard with Defendants oral promise
of remitting $45,000 back to Williams for Ricard pending success and
financing on the IPP. (Exhibit 10).
65. In the document McDonald also represented himself as a member and partner

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of Imperial Partners, LLC also described in the Investors Package. Under the

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terms of the investment loan, Ricard was to receive $45,000, forty-five

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thousand dollars ($45,000) back as a ninety-day loan, (Id. same).

PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT

66. A misstatement of fact of Ricards agreement was inadvertently stated in the

original complaint and filed by Plaintiffs on January 15 because Plaintiffs did

not have Ricards original document to refer to as a reference detailing specific

facts previously overlooked.

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B. Add Monetary Damages & Add Injunction Relief

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7 The original damages for prayers of relief on page 37 line 19 and starting at line i pray for:
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i.

$160.000 mental, emotional, physical harm to be proven at time of trial.

10 Total: 222,510 (two hundred twenty-two thousand, five hundred ten dollars)
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2. Court Fees and cost of litigation, and

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3. Awarding Plaintiffs punitive damages against Defendants in an amount sufficient

to punish and deter these Defendants and others from similar malicious,
oppressive, and fraudulent conduct in the future which would be at least
$2,500,000 (two million five hundred thousand dollars).

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4. Awarding Plaintiffs for costs and fees in this claim.

Granting monetary damages of$2,722,510.00, (two-million, seven-hundred twenty two
thousand, five-hundred and ten dollars).

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22 Censorship of Syngon Hare and Bill Winston.
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24 The new proposed prayers for relief to be added to the Williams v Winston
First Amended Complaint starts on page 37, line 25, letter j, and reflects an additional
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$300,000 for damages resulting from loss of time for employment due to pain and
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suffering, and requests the court to issue permanent injunctions on Defendants
27 participation in development or redevelopment projects as specified in complaint.
28 Furthermore Plaintiffs pray the court order each defendant to disclose current and future
PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT

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redevelopment projects to the United States Department of Justice for purposes of

reporting fraud as specified in complaint:
j. $300, 000.00 loss of time for employment due to pain and suffering.

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5 Total: 522,510 (five hundred twenty-two thousand, five hundred ten dollars)
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1. Court Fees and cost of litigation, and

2. Awarding Plaintiffs punitive damages against Defendants in an amount sufficient

to punish and deter these Defendants and others from similar malicious,

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oppressive, and fraudulent conduct in the future which would be at least

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$2,500,000 (two million five hundred thousand dollars).

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3. Awarding Plaintiffs for costs and fees in this claim.

4. Granting total monetary damages of$3,022,510.00, (three-million, twenty two
thousand, five-hundred and ten dollars).

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5. That this court will issue permanent injunctions that will:

a. Enjoin and restrain each defendant from participating in any way, directly
or indirectly, in the management and/or control of any of the affairs of

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public or private commercial development or redevelopment projects in the

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United States of America.

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b. Order each defendant to disclose, disseminate, and make available to this

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court current and future pending public or private commercial real estate

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projects.
c. Order each defendant to disclose, disseminate, and make available to the
United States Department of Justice Real Estate Commission for purposes
of reporting fraud.

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PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT

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C. Proposed Amendment Of Facts Previously Not Alleged

Proposed amendment of facts previously not alleged to be added to the

Williams v Winston First Amended Complaint on page 36 paragraph 184 line 12

4 include reason and justification for increase in damages:
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6 184.
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Plaintiffs filled an amendment to the original complaint increasing damages after

reevaluating damages relating to the emotional harm previously suffered and

compounding new harm once Plaintiff Monica learned for the first time Plaintiff
Duane had constantly endured social embarrassment and blame from Ricard due to
Winstons ill direction in advising Plaintiff to draft documents using Plaintiffs name,
(paragraph 66).

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Respectably Submitted

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18 Dated: January 19, 2016
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___________________________________

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MONICA R. GUILLEMIN WILLIAMS, J.D.,

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Plaintiff in Propria Persona

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___________________________________

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DUANE WILLIAMS

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Plaintiff in Propria Persona

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Declaration attached

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PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT

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PLAINTIFF MONICA R. GUILLEMIN, J.D., AND DUANE WILLIAMS MOTION TO AMEND COMPLAINT