cunning ham complaint
Embed Size (px)
David Asch, Esq. SEN 140957Law Office of David Asch3323 Watt Avenue #270Sacramento, CA 95 8219164850808FAX 91 6 485 0494lawman(2),mindsvnc.com
„; BLED;, Superior Court Of California' Sa&rameiVto
'I 12/15/2009•v - • _. ^~~*
r sw&Qiiflfgrd .s —S^ ^-tSenutv
Attorney for Plaintiff DANIEL PLANT, CALLIE PLANT. JAMES CARMlzZL^GELA. .*>*.CARMAZZI , MATT MICHALAK & SARAH
IN THE SUPERIOR COURT OF
MICHALAK «v >iS4-ZUl*:f-ilUUODOi»Ji
Case Management 45Law and Motion 53
Minors Compromise 42THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
DANIEL PLANT, CALLIE PLANT, )JAMES CARMAZZI, ANGELA )CARMAZZI , MATT MICHALAK & )SARAH MICHALAK )
RADIANT LIFE CHURCH, TONY )CUNNINGHAM, CHURCH OF GOD )ANDERSON and DOES 1 through 25,Inclusive,
COMES NOW, Plaintiffs Daniel Plant,
COMPLAINT FOR DAMAGES
1. Promissory Fraud2. Defamation of Character3. Breach of Fiduciary Duty4. Negligent Supervision5. Breach of Contract Carmazzi Only
Gallic Plant, James Carmazzi, Angela Carmazzi
Matt Michalak and Sarah Michalak files this Complaint for causes of action against Defendants
herein, and each of them, allege as follows:
1 GENERAL ALLEGATIONS
2 1. Plaintiffs Daniel Plant and Gallic Plant had filed a complaint against these defendant on
3 November 12th, 2008. The complaint was action number 34-2008 00026582 CU filed in
4Sacramento Superior Court. Plaintiff Plant and Defendants Cunningham and Radiant Life
Church have entered into a stipulation which is attached to this complaint as Exhibit #1 -
6Stipulation RE: New Complaint Statute of Limitations and Discovery.
72. At all times herein mentioned, plaintiffs Daniel Plant and Gallic Plant (PLANT) are
8residents of Sacramento County in the State of California.
3. At all times herein mentioned, plaintiffs James Carmazzi and Angela Carmazzi
,, (CARMAZZI) are residents of Sacramento County in the State of California
12 4. At all times herein mentioned, plaintiffs Matt Michalak and Sarah Michalak
13 (MICHALAK) are residents of Sacramento County in the State of California
14 5. Upon information and belief, plaintiffs allege that at all times mentioned, defendant Tony
1 5 Cunningham ("CUNNINGHAM") is a necessary party and was and is a businessman,
Pastor, and religious leader doing business in Sacramento, California. Upon further
information and belief, plaintiff alleges that at all times relevant, this defendant did
18business at Radiant Life Church in Sacramento County.
196. Cunningham is employed by defendant Radiant Life Church (RLC) as a religious leader
20and senior pastor. Radiant Life Church is located at 7710 Stockton Blvd, Sacramento, CA.
21in Sacramento County, California. Plaintiff also asserts, upon information and belief that at
„ all times relevant Cunningham and RLC were agents of each other.
Second A) .uided Complaint
1 7. Upon further information and belief, plaintiff alleges that at all times relevant; this
2 defendant did business as Radiant Life Church under the Internal Revenue Service code as
3 a 501C3 non profit corporation.
48. Defendant, Church of God Anderson PO Box 2420 Anderson, IN 46018 does business in
California. Church of God Anderson has a reasonable expectation to be brought into the
6jurisdiction of California. Attached is an e mail from Mr. Robert Anderson, the regional
7district office of the Church of God Associations of Northern California, serving affiliated
8congregations in Northern California. See Exhibit 2 - November 28th, 2009 email from
Church of God.. The Church of God Anderson is a business form unknown to Plaintiff.
,. 9. The true names and capacities, whether individual, corporate, associate, or otherwise, of
12 defendants named herein as Does 1 through 25 inclusive, are unknown to plaintiff at this
13 time, and plaintiff therefore sues said defendants by such fictitious names. Plaintiff will
14 seek leave to amend this complaint to allege their true names and capacities when the same
15 have been ascertained. Plaintiff is informed and believes, and therefore alleges, that each
of the defendants designated herein as a DOE is responsible in some manner or is
otherwise legally liable to plaintiffs for the events and occurrences herein alleged.
1810. At all times herein mentioned, and in doing the things herein alleged, each of the
19defendants, including those sued by fictitious names, acted as the agents, servants,
20employees, and/or representatives of each of the co-defendants, acted within the course
21and scope of said agency, employment, and/or representation, and acted with the
knowledge, consent, approval, and/or ratification of their co-defendants.
24 11. hi particular, at all times material hereto, defendants, individually and through their
25 officers, directors, and/or managing agents (1) had advanced knowledge of the unfitness
Second Amended Complaint
1 of their respective employees and employed said employees with a conscious disregard of
2 the rights and safety of others. (2) authorized the wrongful conduct alleged in this
3 complaint (3) ratified said wrongful conduct, or (4) were personally guilty of the causes
4of action stated below.
5 RELATIONSHIP OF THE PARTIES;5 (Business and Financial Advisors)
7 12. As further described herein, the relationships between Plant, and Carmazzi herein and
8 Defendants Tony Cunningham & Radiant Life Church were that of financial advisor and
9 client and a close, confidential, and fiduciary relationship existed between them.
13. In or about 2003, Defendants Tony Cunningham & Radiant Life Church undertook to
counsel and advise both Carmazzi and Plant acting on behalf of the Plaintiffs herein, and
12to participate in the management and control of their separate and business accounts.
1314. Said Defendants counseled and advised Plant in financial matters, including but not
14limited to matters involving, business consulting, business development, "casting visions"
for businesses, real estate, business opportunities, and restaurants. Said Defendants knew16
. _ and intended that Plant would rely upon such counsel and advice. Plaintiffs did in fact rely
1 g upon such counsel and advice.
19 15. Said Defendants counseled and advised Carmazzi in financial matters, including but not
20 limited to matters involving, business consulting, business development, "casting visions"
21 for businesses, business opportunities, purchasing businesses, and restaurants. Said
22 Defendants knew and intended that Carmazzi would rely upon such counsel and advice.
23Plaintiffs did in fact rely upon such counsel and advice. These facts are set forth more fully
Second Amended Complaint
1 16. Both Plaintiffs' reliance were reasonable given the relationship of trust and confidence
2 created by Defendants Cunningham and Radiant. As an example, Plaintiffs relied upon
members as well as other decisions regarding their interests in such transactions were
advice given to Plant and Carmazzi that entering into transactions with other church
made without their knowledge.
617. But for the counsel, advice, and other acts of Cunningham, and Carmazzi's and Plant's
7reliance thereon, the Plaintiffs would not have invested their money, would not have
8entered into any transactions with Cunningham, and would not have been damaged as set
forth herein. Cunningham directed the actions of both Carmazzi and Plant where they
,, would invest funds, sign documents, and take other actions in compliance with
13 18. Plant would submit to the authority of Cunningham as proof to the Pastor he was learning
14 to be like Cunningham. Plant was inculcated through frequent repetition to give to
Cunningham what ever he asked as this was demonstrating honor. Plant would follow any
business advice given because of the teaching of the Pastor to be Christ like to the benefit
of only Cunningham.
1819. Carmazzi would submit to the authority of Cunningham. An Agreement signed by both
19Carmazzi and Cunningham documented this control as more fully set forth below.
20Carmazzi relying upon the financial advice and business plan of Cunningham were
21required to follow, obey and to be directed as proof to the Pastor he was learning to be like
„ Cunningham to get what he had. Carmazzi was taught through out their financial
24 relationship to give to Cunningham what ever he asked as this was demonstrating honor.
25 Carmazzi followed all of the business advice of Cunningham to such an extent that he had
Second Amended Complaint
1 given a percentage of his business, profits, time, resources, professional services and
2 certified public accounting as well as draw on his line of credit to the benefit of only
20. As a result of the close, confidential, and fiduciary relationships created between Plaintiffs
6and Defendants herein, and each of them, said Defendants held the monies, accounts,
7assets, and interests of both Carmazzi and Plant such that a relationship of trustee and
8beneficiary existed, and continues to exist between them.
21. Defendants and each of them had been given the responsibility to manage funds and other
,, assets of Carmazzi and Plant.
12 22. Defendants and each of them had a duty loyalty to Plaintiffs. Defendants and each of them
13 must always take care to be aware of and avoid real or potential conflicts of interest.
14 Defendants and each of them took money and other assets from Plant and Carmazzi during
15 their Trustee/Beneficiary relationship as members of RLC, students of the School of Ministry
16 Arts (SOMA) and SOMA AD
1723. Accordingly, all such assets and interests are and were held by defendants RLC and
18Cunningham as Trustees for the benefit of Carmazzi and Plant herein. By reason of the
19relationships of Defendants, and each of them, herein as Trustees, and to Plaintiffs as
20beneficiary, said Defendants, and each of them, respectively, at all times have owed to
Carmazzi and Plant the duties of honesty, fidelity and loyalty, and the absolute duty to
..- avoid any self-dealing, adverse interests, or any other actions detrimental to the interests of
24 Plaintiffs, all as provided for by the law of California.
Second Amended Complaint
1 24. Cunningham entered into real estate agreements with Plant, a licensed real estate broker,
2 who knew and practiced as was his custom that anything regarding real estate must be put
3 in writing per the Statute of Frauds. Plant despite this practice and knowledge put not one
4word to paper regarding any real estate agreement. Plant relied upon this relationship of
725. The Plaintiffs, Plant, Carmazzi and Michalak were penitents and members of RLC. They
8were involved in the Sunday meetings and listened from the pulpit the words of the Senior
Pastor, Tony Cunningham. Cunningham was the Pastor with all the rights, privileges and
,j duties as set forth by RLC and Church of God.
12 26. Both Carmazzi (2003), Michalak (2003) and Plant(2002) began a course and curriculum at
13 RLC. Plaintiffs on information and belief allege the RLC and Cunningham operated
14 SOMA. Cunningham was the visionary who started the school and taught there. The
1 5 purported purpose of SOMA was to teach Cunningham's curriculum so that the graduates
would be able to go out and plant churches in 2011. Plaintiffs were encouraged to learn the
"Five Fold Ministries" taught by Cunningham. Carmazzi, Michalak and Plant began to
18follow the word and teaching of Cunningham. .
1927. Cunningham, Michalak and Plant were in a Pastor/Penitent relationship. Cunningham used
20this relationship and teachings that putting one's hope and trust as well as their confidence
21in Cunningham and seeking him for wisdom before they made any decisions.
_- 28. Cunningham further taught Plaintiffs that proximity or staying close to authority will
24 establish relationship and covering. Cunningham urges Plaintiffs to separate from their
Second Amended Complaint
1 families emotionally and physically and to only receive advice, counsel and teaching from
3 29. Cunningham instructs all students of SOMA to read Under Cover: The Promise of
4Protection Under His Authority (2001) by John Bevere. Cunningham describes that he is
under the "Cover" of the Church of God and has mentors. Cunningham explains that the
6more his disciples, students and inner circle submit to his authority the more power,
7successes and health they would have.
830. Plaintiffs would show respect to Cunningham by "honoring" him with gifts, money and
the participation in their financial affairs. All Plaintiffs as well as their children were in this
,1 Pastor/Penitent relationship.
12 31. Carmazzi had a Pastor/Penitent relationship with Cunningham. Cunningham used this
13 relationship as a vehicle to create his power and authority to manipulate Plaintiffs.
14 Carmazzi were devoted to Cunningham as if he were god. They sought him for wisdom
15 before they made any decisions. Carmazzi as well demonstrated honor as taught by
" Cunningham him with gifts, money and the participation in their financial affairs.
32. Michalak, Carmazzi and Plant began to exhibit excessive devotion and dedication to
18Cunningham. Plaintiffs continued with the Radiant SOMA courses in 2003 and included
19Leadership Development classes lead by Cunningham. Plaintiffs' involvement with RLC
20was ramped up in 2003 to include Tuesday morning for SOMA, Friday Night Worship,
21Saturday Night Prayer, Sunday morning service and striving to attend any other church
24 33. All Plaintiffs were taught that pursuing a greater relationship with Cunningham was how
25 to become closer with God. Specifically all Plaintiffs were told that they must submit,
Second Amended Complaint
1 give, connect and be close to Cunningham, serve him, pray for him, honor him, give him
2 gifts, listen to his every word, etc in order to be blessed by God and have "Covering".
•* Otherwise Plaintiffs would be abandoning their inheritance and God would abandon them
4and leave them without "His" guidance...
34. Plant started his own corporation and sought Cunningham to be on the board of directors.
6Cunningham instructed plaintiff that he had an obligation to "honor" Cunningham. Plant
7alleges that "honoring" was expressed in money paid to Cunningham. On information and
8belief, money, luxury vacations, vehicles, motorcycles, and other luxuries were the only
honor which Cunningham would accept. Cunningham placed a relationship between the
,, value of the gifts and the honor. A laptop computer wound not show honor because it
12 does not convey value or respect according to Cunningham. Plant over time was taught,
13 inculcated, and directed to submitting to the authority of Cunningham and because of this
14 oppressive, despicable behavior Plant paid money to Cunningham based on this
35. Carmazzi states the factual basis for the breach of the Pastor/Penitent is set more fully
17 , ,below.
1836. Michalak states in the attached Exhibit #3 - Matt and Sarah Michalak Time Line the
19breach of the Pastor/Penitent relationship .
37. Plaintiffs allege on information and set forth herein facts which provide the basis for22 V
the causes of action set forth below. Plaintiffs assert that in 1997, RLC's Elders were
24 provided concerns regarding the Senior Pastors conduct. This was prepared and given
25 to the Board of Directors and Cunningham by Debbie and Sudha Rajendar. Mr.
1 Rajendar was an elder at the time and saw and complained of the following (See
2 Exhibit # 4 - R e d Flags)
4• Pastor has no real accountability.
c Can the Pastor be fired? Does he control the Deacon board?Can the Deacons question his actions or are they fearful of him?
6 • No real denominational covering or accountability.
"i • Pastor & leadership believe God is doing a "special work" within thisbody that the rest of the Body of Christ doesn't have or isn't sharingin. Implied that this Church is more spiritual and more favored than
8 other Churches or believers. Pastor, leadership and even membersbegin to have a sense of spiritual superiority. This is a major red flag.
9Pastor feels he has a special anointing. He is not open to correction.He is very controlling.
• Implied guilt that if you leave this Church you will not be blessed orGod will take his hand off you.
• Feel guilty for questioning anything the Pastor is doing or a certainmovement within the Church that you are uncomfortable with.
13 • Fellowship or friendships outside the Church is discouraged.Most members only have friendships inside the Church.
Pastor never invites outside speakers and rarely visits with otherPastors or Churches.
15Pastor & leadership stray away from the proper interpretation of
, , Scripture saying: "God is doing a new thing."ID
Pastor & leadership keep you so busy with activities and ministering17 that you don't have time or you are too tired to stop and see what is
• Solid families are leaving the Church and no one knows why or isfearful of questioning it.
19It's difficult to leave the Church.
2238. Plaintiff alleges that the Board of Elders did nothing once given these Red Flags. The
23Senior Pastor behavior continued as set forth above.
2439. The Church of God was involved in this conduct by failing to take any steps to
25prevent the impression which was created that the "cover" was condoning
1 Cunningham and his actions. Plaintiffs will allege on information and belief that
2 Church of God was frequently cited as authority for the teachings from the Senior
3 Pastor. Plaintiffs relied on these representations to their emotional, financial and
40. Plaintiff allege on information and belief that the Church of God was provided
6information regarding Cunningham and did nothing. The conduct of isolating RLC
7members, having the members be totally dependant on the words of the Senior Pastor
8as well as his financial gain was known as a dangerous circumstance.
41. Plaintiff alleges that the marriage of Debbie and Sudha Rajendar ended in divorce.
1, Sudha Rajendar was unable to persuade the RLC Elders of this dangerous situation.
12 The Senior Pastor is never allowed to needlessly endanger RLC members. Debbie
13 Rajendar is still suffering from this experience even 12 years later!
14 A. DANIEL PLANT & CALLIE PLANT
15 42. Plant states the following facts regarding their relationship with defendants and
each of them. In 1998, Plaintiff committed to attending Radiant Life Church on
Sunday mornings regularly and tithing.
1843. In 2001, Plant was encouraged by Cunningham to enter into a religious teaching
19known within Radiant as "discipleship". Radiant, through Cunningham, defined
20that as "a submitted, committed relationship". Cunningham would teach Plant, and
21the Elders of the Church, that they were "disciples" and they would in turn bring
the teaching to those which they were "discipling".
24 44. On information and belief, Plant asserts that Radiant, through their Pastor, used
25 psychological manipulation with Daniel Plant and Gallic Plant. In particular,
1 through forcible indoctrination, Plant was induced to give up basic political, social,
2 and religious beliefs, attitudes and to accept Cunningham's' regimented ideas.
3 45. Cunningham instructs Plant to read Under Cover: The Promise of Protection Under
4 His Authority (2001) by John Severe. Cunningham describes that he is under the
"Cover" of the Church of God and has mentors. Cunningham explains that the more
6his disciples, students and inner circle submit to his authority the more power,
7successes and health they would have.
846. Plant was taught that pursuing a greater relationship with Cunningham by putting
him on their Board of Directors, business coach, spiritual leader and Pastor was how
,, to become closer with God. Plant was told that he must submit, give, connect and be
12 close to Cunningham, serve him, pray for him, invest in anything Cunningham
13 suggested, do anything Cunningham asked in order to be blessed by God and have
14 "Covering". Otherwise Plant would be abandoning his spiritual inheritance and God
15 which would cause financial, emotional and physical health losses...
47. Cunningham continues to use the SOMA teaching platform to dictate who was
enlightened and who was not, shunning individuals for not adhering to his teachings
18and shunning those that questioned him.
2048. Cunningham on information and belief used the personal psychological
21information which Cunningham had from their Pastor/Penitent relationship.
„ Cunningham was in a dominant and superior position to the Plant's and acted in
24 that capacity in making the promises, statements, and in doing the things alleged
25 herein below. Plant was given enormous amounts of time with Cunningham
1 through coffee meetings, social gatherings, "one on one" meetings and activities
2 which drew Plant in closer. Cunningham would then abandon, shun and withdraw,
3 causing great emotional upset.
449. Defendant Church of God was responsible for the care, control and oversight of
Radiant and Cunningham. The members of Radiant believed the organization of
6Radiant was being supervised by Church of God. Cunningham on information and
7belief was in contact with Church of God and provided the cloak of authority for
8his actions as being sanctioned by Church of God In fact no such oversight was
occurring on the part of Church of God. Cunningham in October of 2008 formally
,. broke off with the Church of God. Church of God is the proximate cause of the
12 injuries to Plant based on their failure to supervise Cunningham and Radiant.
13 SUMMARY OF PARTIES' BUSINESS DEALINGS
14 50. Plant's increased their tithing in 2004. Plant has no interest in obtaining any money
15 he gave in tithing in the complaint filed herein.
6 51. Plant continued to do what ever Cunningham asked of him which was not limited
to attending classes, being coached to his detriment, providing income, tithing to
18Radiant as well as losing his own identity.
1952. Plant alleges that Cunningham, through psychological, economic, and social means
20of coercion, was used effectively against Plant whom Cunningham knew to be
21vulnerable. Through this relationship as Plant's Pastor he was unable to say no or
he would be shunned, cast aside and abandoned. Cunningham was an authority
24 figure in Plant's life and as such his goal was to please his superior. Because of this
25 influence Cunningham took Plant's free will so as to control the mental decision of
1 Plant. Plant continues to suffer from this corrosive relationship with regard to
2 decision making. Plant was unable to make any decision without thinking of how
3 this would benefit Cunningham during their pastor/penitent relationship,
53. Plaintiff was giving cash to Cunningham on a regular basis. Typically after
6Tuesday meetings money would be handed to Cunningham.. On information and
7belief, Plant asserts on many occasions money would be given to Cunningham.
854. Cunningham had a course and custom to fear non Radiant members. Cunningham
9stated that his intent was to have "unity of the body" which had the sole purpose of
. 1 doing business primarily with other Church members. This belief was inculcated
j 2 through frequent repetition that working with other members would strengthen the
13 business. Cunningham encouraged Plant to bring people who had worked for Plant
14 in the past, back into the business. Cunningham had influence over these members
15 which supported his position in every business meeting, social setting, and within
*" the church community.
55. During 2004, Cunningham encouraged Plant to terminate his coaching relationship
18with Marc Hughes. Pastor Cunningham suggested through strict teachings, that
19being his Pastor made Cunningham the right choice. Cunningham took this
20position and become his mentor. Cunningham stated to Plant that his delay in
21making Cunningham his coach was dishonoring to Cunningham.
56. Under the influence of Cunningham, Plant had no ability to say no to any directive
24 given by Cunningham.
1 57. Plant had in 2005 paid so much money to the church in contributions that in 2007 the
2 Internal Revenue Service performed an audit regarding these contributions.
3 Cunningham, through the psychological manipulation, power, and domination, had
4taken more than 41% of Plant's income.
58. Cunningham continued to dominate and control Plant. The influence which
6Cunningham used to control made Plant feel compelled to give money to Cunningham
7and Radiant when ever asked. Despite the feigned statements by Cunningham that if
8Plant needed the money, to just let him know and he "would get it to me". However, if
Plant asked, he was shunned as dishonoring Cunningham. Plant refrained from
11 dishonoring Cunningham.
12 59. On November 21, 2005, Plant wrote a check out of his company for $10,000 to
13 "invest" in a new business with Cunningham known as Garibaldi Signature Gallery.
14 Plant asked Cunningham if he did the necessary due diligence. Cunningham used his
1 5 control, power, and domination over Plant and simply answered yes it had been done.
60. Cunningham concealed from Plant that there had been no due diligence and Plant
17relied upon the statements made by Pastor Cunningham to his detriment.
1861. Plant subsequently discovered that in fact no diligence had been performed. These
19fraudulent statements induced Plant to invest $10,000.00. At the time Cunningham
20stated he had done his due diligence about Garibaldi, but in fact the company was
21never actually formed and the money was lost.
62. Cunningham asked Plant to give him $5,000 for a specific purpose to bless the elders at
24 his annual leadership retreat. Plant gave it. Sometime in September of 2008 Plant was
1 having a conversation with an Elder who told him they were never given any kind of
2 gift at any leadership retreats.
3 63. Plant made a personal loan to Cunningham for $7,500 in 2006. Plant has not been paid
for this personal loan to the ftill amount. Cunningham made personal loan request of
Plant on numerous occasions. Plant was unable to say no to any of these requests out of
6fear of "dishonoring" Cunningham.
764. In 2006, Cunningham told Plant to assist in the development of plans for a start up
8company called Dynamais, with Cunningham as the Chief Executive Officer. Plant
alleges he used many weekday and Saturday mornings meeting with Cunningham and
., others to create the company. Plant was given no compensation for his work, skill or
12 insights all to the benefit of Cunningham personally. The influence used on Plant by
13 Cunningham was unbridled.
14 65. During this time Cunningham started talking to Plant and one other business owner
15 about creating a conglomerate of each of their own businesses. The plan was to make
1" Cunningham the CEO and Plant would be a general manager of his "division", the
17 company which Plant had started.
1866. Plant's will power was under the control of Cunningham. The belief Plant would be
19learning the "truth" from his Pastor. Plant experienced that he was convinced that by
20imitating the Apostle Cunningham he would be more Christ like. Plant held the belief
21that by imitating Cunningham he was showing him honor and was taught by
Cunningham in his regimented classes that "honor is the currency of heaven."£j
24 67. In March/April 2007 Plant asked about money he was owed. With the fear of
25 jeopardizing the relationship with Cunningham, Plant felt the abandonment of his
1 Pastor, coach, and mentor. Plant thereafter stated to Cunningham what he felt
2 Cunningham owed but that if Cunningham felt he did not need to pay anything then
3 Plant would be ok with that. Plant did not want to offend Cunningham, but
4Cunningham then seriously offended Plant when he indicated Plant was not trustworthy
and lacked integrity.
668. Plaintiffs were cast aside by Cunningham and their work with being "more Christ like"
7was challenged. Plant felt that Cunningham was using his influence to imply Gallic
8Plant was not kept track of the finances accurately. Cunningham used his knowledge of
the vulnerability of plaintiffs when he implied that Gallic had tracked the numbers for
.. Plant's interest and against his position.
12 69. Plant in fear of being rejected, shunned and disassociated told Gallic to adjust the
13 numbers so they reflected a substantial benefit to Cunningham. Cunningham was
14 offended that the number he owed included cents. Plant continued to try and preserve
15 the relationship.
" 70. Plaintiff states that throughout 2007 they were under tremendous financial, emotional
and social stress. Plaintiff became aware of being isolated and felt the despair since
18asking Cunningham for money. Plant under the close confidential relationship with
19Cunningham gave to Radiant to the detriment of caring for his wife and two children.
2071. Plant invested in many "business opportunities" with the hope of greater relationship
21with Cunningham who was known as "this man of God". Plant had been convinced
through frequent teaching, instructions and rigid doctrine that Cunningham was an
24 Apostle and Prophet of God and whatever Cunningham did would prosper. That by
1 submitting fully to Cunningham's authority Plant would gain authority in the kingdom
2 of God and would be able to help bring more people to God locally and worldwide.
3 72. Through psychological manipulation Plaintiffs were under the influence of
Cunningham. Based on his ongoing teaching of submitting to authority and honoring
those in authority Plant kept striving to give more and more to invest money in
6anything Cunningham even alluded to being a part of.
773. Cunningham defined in his teachings and manipulations that honoring, by stating in
8Radiant meetings, was to "look at your checkbook and your calendar. Where you spend
9your time and money is what you honor" Through self dealing, dishonest, fraudulent
11 motives and means, Plaintiff justifiably relied upon these statements to their detriment.
12 74. Cunningham manipulated through his deviant psychology that if Plant was to honor
13 him he would have to double it because he was the preacher and teacher and
14 worthy of a double honor. Plant begins to pay for Cunningham's family vacations,
15 with Carmazzi. There was a plan called the "Honor Plan" vacation for
1" Cunningham. Plant paid for Cunningham a RLC mission trip, a plethora of
dinners and specialty wine. Plant continues to execute on all business transaction
18directly and indirectly to honor Cunningham and his authority.
1975. Plaintiffs were deceived, manipulated and acted with blind devotion to Cunningham
20and Radiant. The coercive persuasion used by Radiant's pastor was known by the
21Board of Directors. The influence which their Pastor had over the members was self
evident. The Plaintiffs were in a fear based and psychologically manipulated
24 environment. Plaintiff was under the influence of defendants and each of them for ten
1 years of their life. They have through fraudulent conduct been manipulated to pay
2 money, support fraudulent actions and lost their property.
3 76. Plaintiff was in constant fear of not pleasing God by not pleasing and caring for
4Cunningham. Daniel Plant hurt his family financially, his wife emotionally and his
business reputation. Defendant Cunningham encourages Plant to take time away from
6their core business activities as a way to keep him from seeing the financial distress the
7company is beginning to experience. Cunningham counsels and directs Plant to
8research a potential for a business called "Shape".
77. Plaintiffs filed Chapter 7 Bankruptcy because of the fraudulent conduct of these
. 1 defendants and each of them. But for the undue influence Cunningham exercised over
12 Plant he would not have been emotionally, physically and financially ruined.
13 78. Plant on information and belief was providing a monthly income of $ 1,000.00 in
14 2006-2007. Plant provided a credit card for Cunningham's use as a means of honoring
15 their leader.
16 B. JAMES CARMAZZI & ANGELA CARMAZZI
79. Carmazzi's joined defendants Radiant Life Church in 1999. They began to attend
18Sunday morning service and a weekly marriage group Cunningham began to meet
19James Carmazzi on a weekly and bi weekly basis to begin "discipleship.".
20Cunningham began to needlessly endanger the financial stability or the business
which he and his wife had started.22
80. In or about 2000 Carmazzi was asked by Cunningham to pray for him. In particular,
24 Cunningham asked that Carmazzi pray for him and the elders about the church
25 property, his health, masterful use of his time, his fasting, pastor relationships in India
1 and Africa and the mission trips associated with these countries, for his peace of mind,
2 and for his dealings with Buz Gates regarding the church property. Defendant
3 Cunningham began to isolate Carmazzi for his own purpose and asked him to hire RLC
4members in his business.
81. In 2002 James Carmazzi continued to pray for Cunningham. Specifically in June,
6Cunningham asked that Carmazzi to pray for prophetic applications and impartation of
7the spirit, father and son relationship with the people in Seattle he had a relationship
8with. In August, Carmazzi was asked to pray for supernatural protection from
temptation—that he find escape routes and say "no" when needing to. Carmazzi
., continued to be faithful in my prayers for Tony.
12 82. In 2003, Angela and James Carmazzi sought marriage counseling with Cunningham.
13 James Carmazzi began meeting Cunningham, weekly to biweekly. Cunningham told
14 Carmazzi Angela "has not received her inheritance." Carmazzi was being discipled by
15 Cunningham. Their discipleship time progressed, and Cunningham spent most of the
1" hour together discussing business ideas, specifically establishing marketplace
ministries. During these meetings Cunningham learned confidential and private matters.
18Discipleship began to take 10 to 15 minutes; the rest of the time was business talk.
1983. Cunningham asked Carmazzi to put together an outline for a Marketplace Ministry at
20RLC so that he can present it to the Elders. Carmazzi did as he was told and followed
21up at each discipleship meeting with Cunningham about the idea being presented to the
Elders. There never was progress. After a number of status update promptings from
24 Carmazzi, he was finally told by Cunningham to begin the ministry himself. So in
25 December, Carmazzi began to survey business people at RLC after receiving a list of
1 "investors, business owners, self-employed, and/or mid to upper level management
2 positions" from Pastor Joel Arpilleda. These names were, Daniel Plant, Steve Sellers,
3 Michael Teel, Matt Wanner as well as Darold Mark.
484. In 2004, Cunningham's influence grew in the lives of the Carmazzi's. Angela
Carmazzi began discipleship and started to learn more about spiritual honor and
6authority and how to act on it toward the spiritual leaders in the church. Cunningham
7began to talk about the power and value of relationships. Cunningham manipulated
8Carmazzi to move based upon the value of being close to others who have common
spiritual goals and desires. Cunningham invited Carmazzi to tour his home and
«, explained how his home had features that the developer would not do for other
12 residents in the development, and how 90% of all than was in his house was gifted to
14 85. Carmazzi's were enamored that God would take such lavish care of spiritual leaders.
15 Carmazzi began to understand that before a decision in any aspect of their life is made,
it should be run by the person they are in discipleship with or Cunningham.
Cunningham took Carmazzi to a new development and told him to make a purchase. In
18fact Cunningham was receiving a commission on each home he referred to the
19developer of Prodigy homes.
2086. On or about April 2004 Cunningham began to teach Carmazzi that "the power of the
favor or friendship of God. The power can pass through to others by others." On May
- 13th Cunningham spoke aggressively about honor and authority—about honoring
24 elders, that honor is weighty and substantial, that honor is an ongoing act, and
1 "Carmazzi must honor a person because God honor's that person, not because of that
3 87. Carmazzi was now fully under the direction and control of Cunningham. They moved
4from their home and office in Carmichael California to Elk Grove in December 2004.
They started leasing space from Plant and moved into a home in Elk Grove. By this
6time, Angela Carmazzi was attending weekly discipleship with Rose Cunningham.
7James with Tony Cunningham, as well as corporate discipleship on Saturday mornings,
8Friday night worship, Saturday night Gap, and Sunday Service. Cunningham knew
Carmazzi had made the move to their home in Carmichael in 2002.
11 88. In 2005 Carmazzi began to attend more church activities such as fund raisers, special
12 services, and theatre productions in addition to the regular weekly ministries ministry of
13 thanksgiving and late night prayer watch.
14 89. On January 13th, 2005, Carmazzi invited Cunningham to become a Vice President of
15 Carmazzi Inc. This agreement continues to be in force and effect. No steps were taken
to rescind the agreement. Carmazzi believes Cunningham continues to be the vice
president. The agreement signed by both Carmazzi and Cunningham stated in pertinent
18part (See Exhibit #5- Carmazzi Position Offering):
19i. Cunningham was responsible to lead Carmazzi Inc. "so that it stays in line
20with the way of life goal:"
ii. WAY OF LIFE - PURPOSE DRIVEN LIFE; Pursue more intimacy with22
Christ & with others so that life gets better and better and better. Lead
24 others to pursue more intimacy with Christ & with others to their life gets
25 better and better and better;
1 iii. Further the agreement states: Authoritative input into all aspects of Carmazzi
2 Inc. operations in order to achieve the way of life goal.
3 iv. COMPENSATION: 20 percent of Carmazzi Inc. net profits from January 1,
4 2005 to December 31,2006
v. Evaluation: B - The success will be determined by the way of life
6maintained by Carmazzi Inc in relation to honoring the authoritative
7position of Tony Cunningham.
889. Cunningham was now involved in the Carmazzi core business. Cunningham's
9overreaching continued to grow. Since he was granted a position he was granted a
11 position—this demonstrated honor for Cunningham.
^2 90. . On April 1, 2005 Carmazzi drafted a loan agreement with Cunningham in the amount
13 of $40,000.00. (See Exhibit 6 - Carmazzi Loan to Cunningham) Cunningham
14 was to make monthly payments of $266.00 interest only payments starting on May
15 115 2005 to be paid back in 12 months. Cunningham made 2 payments. Carmazzi
1" asked for the money in the summer of 2009 and was paid $ 10,000.00. This
payment in the summer of 2009 provided the factual basis for the extension of the
18Statute of Limitations. This is a written contract and the Plaintiff relies upon CCP
19337(1) for the Statute of Limitation is 4 years. Cunningham said to Carmazzi that
20that Carmazzi had forgiven the debt however there is nothing in writing to that
91. Cunningham in his position as Vice President counseled Carmazzi to do specific acts.
24 Cunningham had a duty to disclose. This duty arises out of his "fiduciary relationship"
25 with the Carmazzi. Plaintiff on information and belief alleges that. Cunningham took
1 steps to hide important information from both Plant and Carmazzi. Cunningham did
2 more than simply not tell them he had no knowledge, experience or expertise in
3 business. Furthermore, Cunningham disclosed some information through his position
4on the pulpit, classroom, one on one counseling and business counseling to the
Plaintiffs, but the disclosed information was misleading unless more information was
6given; Plant did not discovery the misleading information until the Spring of
72007. Carmazzi did not discover the failures until August 2008. They were unaware
8of the fact that Cunningham was using them for his own benefit. Carmazzi did these
specific acts based on the reasonable reliance upon the representations made by
,, Cunningham: the following:
12 a. Pay. $5,000.00 to purchase a 2% share in Hidden Door Companyb. Pay to be in one of Cunningham's equity share properties for up to
13 $20,000.00;c. Pay $50,000.00 into Pasta?.
14 d. Cunningham counseled Carmazzi to increase the size and scope of hiscore business by purchasing two similar companies in Florida.
15 Carmazzi was to fly out to Florida and investigate. Cunningham leadCarmazzi to believe this was a good plan and said he would invest10%, however, this never happened.
92. The purchase was completed on one of the businesses. Cunningham revealed to
18Carmazzi, he "would receive notice" that they prayed for his exponential and
19accelerated increase in authority in heaven and on earth. Furthermore,
20Cunningham used his position as Pastor and Vice President and counseled
21Carmazzi to financially support the Ministry of Thanksgiving for blessing
„ businesses at RLC.
24 93. Cunningham used his influence and counseled Carmazzi to remove from his portfolio
25 real estate business activity and holdings with other business men. Carmazzi was
1 isolated and Cunningham manipulated Carmazzi regarding his plans to develop a
2 think tank and inflated his position of setting up a cabinet of wise marketplace leaders
•* at RLC and ultimately establishing a conglomerate of businesses to bring in funding
4for Cunningham's 2011 vision.
94. Carmazzi began to attend SOMA's Leadership Development each Tuesday morning.
6During one of the classes, Cunningham announced Carmazzi as the business specialist
7among the attendees, including his ability to execute with great precision.
8Cunningham's 2011 vision was the beginning of planting 10 churches domestically
and 100 churches internationally for 10 years until 2021.
1. 95. Carmazzi were to specifically build businesses and provide funding, hi September of
12 2004, Carmazzi began to attend Cadre, the teaching on prophetic gifting.
13 Cunningham often re-enforced the 2011 vision during this time. More and more
14 business owners or want-to-be business owners from RLC began to contact Carmazzi
15 to meet with them regarding business ideas or counsel.
96. In November 2005, Cunningham counseled Carmazzi to start a billing service to help
one of his business investments, Old Towne Chiropractic that was not producing.
18Cunningham wanted Carmazzi to develop a billing service strategy to get money
19sitting on the company's account receivables report of up to $100,000. This plan
20would include expanding to other similar practices and an apprentice program. The
21plan was executed that same month.
97. In December, Cunningham counseled the Carmazzi's to invest in Garibaldi Arts
24 business venture of $ 10,000.00. Cunningham began to contact Carmazzi throughout
1 the day to meet at a coffee shop, or stops by during the day and evening at Carmazzi's
2 home office to share his vision about marketplace plans.
98. Carmazzi is given a pen as a symbol or covenant that Cunningham has accept him into
his inner circle. Cunningham continues to aggressively teach how "honor is the
weighty or costly verbal, monetary, and presentation" to a person. "When I am told to
6afford Cunningham, or others honor, it is not for him to be honored, not for him as the
7recipient. It is for the one who honors to receive further teaching and will be
8empowered to bear fruit."
99. Cunningham instructs Carmazzi to go faster in to spiritual development and
,, encourages Carmazzi to consider selling their core business to support Cunningham's
12 vision after some industry colleagues showed interest.
13 100. Cunningham in 2006 was taking Carmazzi's resources for his own gain. Carmazzi was
14 beginning to be devoured by Cunningham's business counsel, from cash reserves, to
research and analysis time, to company resources including company staff, CPA, and
professional services, to the lost opportunity to grow their core business which was
leveraged for each business activity. Carmazzi projected total is estimated up to three
18million dollars of lost time, money, and loss opportunity.
19101. In 2006 Cunningham pushes Carmazzi to spend time and resources on Dynamais Inc.
20Cunningham is the President with the plan to ultimately lead to the development of
21the think tank cabinet and conglomerate mentioned in 2005. Cunningham counsels
several business men from RLC to participate in Dynamais. By the summer
24 Dynamais Inc. is operating with 30 plus business owners all from RLC .Carmazzi
25 continued to honor authority by implementing Cunningham's counsel. Ultimately,
1 135k in cash is used by Carmazzi to get Dynamais off the ground and to sustain it not
2 including continued CPA, legal, and LOG costs.
3 102. Cunningham counsels Carmazzi to take majority ownership into Hidden Door for a
4share of Carmazzi Inc's core business to try and salvage it. Carmazzi puts $70,000.00
of cash into Hidden Door not including time and other company resources to pay for
6accounting and legal fees.
7103. Carmazzi gifted an Associate Pastor more then he gave Cunningham. Carmazzi is
8berated by Cunningham publicly in a Sunday Cadre about what honor is suppose
to look like. Carmazzi want to please Cunningham then started providing
., substantial cash, wine, and gifts to honor then a RLC Associate Pastor.
12 104. Cunningham continues in 2006 to counsel Carmazzi to hire two executive assistants to
13 assist with Cunningham's plans, thus incurring more costs associated with labor
14 105. Carmazzi begin to pay for Cunningham's family vacations, even developing the
15 "Honor Plan" vacation for Cunningham. Carmazzi pay for Cunningham a RLC
mission trip, a plethora of dinners and specialty wine. Carmazzi continue to
17execute on all business transaction directly and indirectly to honor Cunningham
18and his authority.
19106. In the summer of 2006, Carmazzi's son, Dante, begins to have seizures. Carmazzi seek
20counsel from Cunningham because the medical diagnosis was idiopathic.
21Cunningham counseled Carmazzi that Dante's seizures were not about him, but
about Angela and James, meaning according to Cunningham's teaching, in order
24 for them to bear fruit, this should not be happening; they need to examine their
1 107. Carmazzi is spending substantial time updating Cunningham on the development of the
2 think tank. Cunningham spends much time teaching against the church in the
3 United States, about building a platform and developing as a leader, and the proper
4use of honor and authority.
108. Cunningham counsels Carmazzi to hire his son. Joel Cunningham, to assist with the
6Conglomerate. Carmazzi honored Cunningham by hiring his son at a salary of
8109. Carmazzi continued to use Carmazzi Inc. to fund all of Cunningham's ideas. Clearly,
9the use of Carmazzi Inc's line of credit for other businesses was dangerous.
.. Cunningham insisted on pressing forward instead of participating with his funds or
12 to find investors. Cunningham was writing a book regarding his plans for his
13 teachings and to publish this material. Cunningham desires greatly to have more
14 businesses so as to expand the platform he wants to create to promote his
15 intellectual property.
*" 110. Carmazzi is counseled by Cunningham in April 2007 to perform an aggressive due
diligence process for Dynamais Inc. to purchase Kerr Hill assets. Cunningham
18wants to train and instruct family members of Carmazzi to operate and manage
19Kerr Hill. Further, Cunningham plan is to incorporate his intellectual property with
20the existing Kerr Hill's existing business plan.
21111. Defendant Cunningham encourages Angela Carmazzi to take time away from their
core business activities as a way to keep her from seeing the financial distress the
24 company is beginning to experience. Cunningham counsels and directs Angela to
1 research a potential boutiques to purchase or lease space to rent. Angela puts
2 $40,000.00 for her boutique and begins Angela Elisabeth Joshua David fashions,
3 112. Cunningham starts SOMA AD in February 2007. Carmazzi's are counseled to attend at
4an annual cost of $7,000.00 a year for two years.
113. Cunningham counsels Angela to research the purchase of Lloyd's Linen for his
6spiritual daughter, Veronica Ott. As part of the conglomerate and think tank
7cabinet for 2011, Cunningham requests Carmazzi to contact key sister church
8supporters in Sacramento area, such as Radiant Life West Sacramento, Radiant
Life Laguna, etc, to determine how much they are and plan to commit to the 2011
1, vision and Cunningham personally
12 114. Cunningham classifies these churches as not so much a hub in the conglomerate, but
13 more of an outpost model of support. One of the pastors, David Losey, responds
14 that his church gives weekly to "Cunningham/RLC Mission fund $6,000.00
15 annually with the hope of increasing that gradually to $25,000.00 by 2011. Pastor
Losey in addition, "gives a weekly tithe personally to Tony in addition to my
church tithe. This year I gave 6k and will increase with my personal income. My
18goal is to get others to do the same. Last year I targeted 4 individuals and was able
19to get one of them to commit to start an additional tithe to Tony.. ..I would hope
20that you are of a same mind and would influence others to give the honor that will
21propel Tony in his calling.. .It is also my intention to take the resources that I have
„ no matter how small and start a small business that would also contribute toward
24 2011." (See Exhibit 7 - Pastor Losey letter).
1 115. Cunningham to divide Carmazzi from Daniel Plant, counseling him to move out of his
2 office space. Carmazzi is told that Plant is for "himself and not Tony or us".
Carmazzi learns in 2009 that Plant and others were being told by Cunningham
during this time, "James is not smart, especially not business smart."
116. Cunningham counsels Carmazzi to move next to RLC church so he can visit often and
6continue molding the think tank cabinet and conglomerate model. Carmazzi as a way
7to honor Cunningham spend up to $60,000.00 in tenant improvements based on
8Cunningham's approval of furniture, carpet, and paint color.
117. In 2007 Cunningham continues to press developing the think tank cabinet by pulling
, together his inner circle as he called it—those that are for him and that honor him
faithfully and who he likes. Many others showed honor, but Cunningham disliked most
13 of those surrounding him on staff directly or via sister churches, calling them "the
14 common man—James I am tired of the common man," he told Carmazzi at a coffee
118. Carmazzi is counseled to begin taking over the logistics of Cunningham's mission trips
to Africa and India, as he did not like working with his common person secretary.
Cunningham is using Carmazzi for his vision of 2011 and conglomerate model.
Cunningham counsels Carmazzi to continue to look for more businesses to purchase;
again they purchase a similar company to their core business in Florida.
119. Cunningham also encourages researching and potentially buying a wine distributorship
Sonoma, and property management company in Florida. Cunningham counsels
Carmazzi to join him on the Board of Restoration Alliance, his company.
1 120. The relationship between Cunningham and Carmazzi began to crack in August 2008.
2 This is when the problems with Cunningham and Brandon Miller were brought to his
3 attention. Carmazzi began to question internally the wisdom and discernment of
4Cunningham, "was he really the pastor he leads others to believe, caring and
considering others before himself, the Sheppard over the sheep?"
6121. Carmazzi realizes all the promises about SOMA AD did not occur, and they began to
7question his ability to lead and execute on his teaching. Carmazzi\s financial situation
8was becoming more and more strained as they leveraged the company's resources and
their time and energy for opportunities to honor Cunningham and the vision.
,, 122. After the October 2008 meeting at RLC is when Cunningham was spending less time
12 with Carmazzi because they had less to give, and he did not respond to their concerns
13 about the financial challenges they were facing, nor, as our partner toward a common
14 vision, did he offer a helping hand to support the cause.
15 123. Cunningham had no financial skin in the game comparatively speaking. Carmazzi' s
last conversation in 2009 is when they requested money from him. Carmazzi had for
years would not accept family or friend's invitations because they knew Cunningham
18would invite them to a holiday or family gathering. If Carmazzi were to say no, they
19knew they would not be asked again, as it was a sign of dishonor. Carmazzi treaded
20lightly, not wanting to rock the boat. They began to realize Cunningham stopped
21offering the invitations to dinner and family events.
124. Carmazzi's last inner circle event was Cunningham's birthday September of 2008.
24 Cunningham told Carmazzi, "James watch who shows up, that will be the people who
25 are for me." The various red flags began to become more real to Carmazzi in the
1 fourth quarter of 2008, and in the beginning of 2009. The flirtation between
2 Cunningham and his spiritual daughter, Veronica Ott, the need to boast and to be
3 stroked by others following an event he spoke or taught at, the control of speech and
topics upon Carmazzi during the numerous dinner engagements, how often the terms of
any event were to be Cunningham's terms or approved by him.
6125. Cunningham had no intention of being accountable in business transactions. Rose
7Cunningham told Carmazzi that instead of providing a check to Cunningham each
8month they provide him cash.
126. Cunningham once called Carmazzi after receiving a letter from Daniel Plant regarding
11 money Cunningham owed for a property investment they shared. Carmazzi reports that
12 Cunningham was delighted that nothing was in writing.
13 127. Finally, Cunningham'slack of understanding of business matters and financial
14 management became real to Carmazzi in the summer of 2009. Carmazzi asked
15 Cunningham if he had information he would like to share regarding all the horrific
*" happenings in the church this past year. Cunningham was silent. Carmazzi knew then
he cared not about them or their family, but only building his platform of power,
18influence, and wealth for himself. Carmazzi alleges the following losses as a result of
19Cunningham's canonical counsel:
20a. 2003-2008 Carmazzi Inc. resources not limited to staff time, Carmazzi
21 time, professional fees i.e. CPA/Legal. Time for researching, meeting,driving, meals, conversations, and footwork to develop and
22 communicate plans, including office move.b. 2003-2008 Carmazzi family/personal time. This loss is not limited to
time of researching, meeting, driving, meals, conversations, and24 footwork to develop and communicate plans, including personal move.
from Carmichael to Elk Grove.25 c. 2003-2008 Lost Opportunity: Plaintiff alleges loss based on the time
spent as a SOMA/RLC participant. \
1 d. 2005 Personal loan of $40,000.00 to Cunningham with $30,000.00balance plus interest since 2005
2 e. 2005-2007 Hidden Door: $40,000.00 includes accounting and legalfees.
3 f. 2005-2007 Garibaldi Arts:$ 10,000.00 plus accounting and legal feesg. 2006-2008 Angela Elisabeth: $40,000.00 plus accounting and legal
fees5 . 2005-2007 Dynamais-$135,000.00 plus accounting and legal fees
2006 Kerr Hill:- Carmazzi spent time, meals, and research analysis5 j. 2003-2009 Carmazzi Inc. - Using the core business line of credit
costing $175,000.007 k. 2005-2009 Carmazzi expansion to Florida incurring a $350,000.00
loan, plus private investor interest and $40,000.00 cash.8 1. 2007-2009 Carmazzi purchases a second company in Florida.
m. 2005-2007Pasta?:- Carmazzi portion was $50,000.00 plus accountingand legal fees
n. 2006-2007 Resonance:- Carmazzi spent time, meals, and researchanalysis
, 1 o. 2007-2008 Restoration Alliance:- Carmazzi time and research analysisp. 2006-2007 RLC Coffee Shop: time and research analysis
12 q- 2006-2007 Conglomerate - Carmazzi time and research analysisr. 2007-2008 Lloyd's Linen: time and research analysis
13 s. 2003-2008 Dinners purchased for Cunningham;t. 2005-2008 Vacations paid for by Carmazzi not limited to trips to top
14 world resort in Hawaii, hotels in San Francisco, San Jose and Texas -Estimated to be $15,000.00;
15 u. 2006 Honor Plan paid to Cunningham in the amount of $ 10,000.00.v. 2005-2008 Monthly payments to Cunningham from December 2005
16 to December 2008 in the amount of: $22,850w. 2006 Carmazzi paid for Cunningham mission trip,x. RLC Fundraisers,RLC Tithe:y. 2005-2006 RLC Ministry of Thanksgiving July 2005 to December
2006 in the amount of $7,200.00.19 z. Hiring of personnel for Cunningham plant in the amount of
$100,000.00;20 aa. Carmazzi paid to Cunningham for SOMA and SOMA AD from 2005
through 2008 in the amount of $28,000.00.21 Total estimate - $1,053,050.00
22 C. MATT MICHALAK & SARAH MICHALAK
23 128. Plaintiffs, Matt Michalak and Sarah Michalak began attending RLC in 2002
24and 2003. The pertinent facts starting in 2006 include the facts set forth in
25Exhibit # 3 - Matt Michalak and Sarah Michalak Time Line.
1 129. Plaintiff on information and belief asserts that Cunningham sought to separate
2 Plant and Carmazzi from their money. Plaintiff Michalak alleges that
3 Cunningham sought to separate Sarah Michalak from her husband.
130. Sarah Cunningham alleges that Cunningham separated her from her family,
husband and friends. Cunningham in a ceremony in his bedroom made Sarah
6a "spiritual daughter" with Cunningham being father. Cunning required Sarah
7to seek his advice, counsel and directions with respect to all aspects of her
131. Cunningham in 2004 through 2008 had set out to separate Matt Michalak from
., his wife. Cunningham told other RLC members that Matt had beaten his wife,
12 was unfaithful to her, and was dangerous. Cunningham discussed with
13 Carmazzi the hiring of Michalak. Cunningham determined his wages as well
14 as to when Michalak was terminated.
15 132. Cunningham during this time told Sarah he would take care of her if she left
her husband. Matt was continually berated by Cunningham and Sarah
emotionally withdrew from him. Matt Michalak suffered great anxiety and
18fear that he was losing his wife and children because of Cunningham's
20133. Cunningham made Sarah totally dependent upon him. "One on One" meetings,
21shopping, meeting for coffee, trips as well as Sarah cooking for Cunningham
on Sundays. Cunningham told Sarah in 2007 that there was a 50/50 chance
24 that she would be a single mother and that he would be there for her.
1 134. Plaintiff asserts on information and belief that when Sarah did not leave Matt,
2 Cunningham withdrew his attention and abandoned her. Sarah would try to
•* figure out what she had done and try harder to please Cunningham. This went
4on through out 2007. This caused great emotional upset for Sarah Michalak.
135. Cunningham berated Matt on many occasions from 2004 through 2008. In
6August 2008, when Cunningham closed SOMA did Matt discover the
7fraud and misrepresentation about the money, time and effort he had spent in
8following every word of Cunningham.
136. Cunningham caused the Elk Grove community to hold Matt in such low regard
,, based on the false statements regarding his character that the Michalak's' had
12 to move from the area. Michalak continues to hear from others what they had
13 heard Cunningham say which was disparaging. Matt Michalak sustained the
14 following injuries as a direct and proximate result of the above described
15 conduct by Cunningham:
" a. Michalak was anxious and fearful that Sarah Michalak would
leave him. Being abandoned emotionally by Sarah as well as
18being indicted by the RLC community as a "wife beater" left
19little hope that their marriage would survive.
20b. Matt Michalak has been suffering with great anxiety attacks.
21Consults have occurred with his primary care physician,
„ psychiatrist and psychotherapist.
24 c. Matt Michalak describes his symptoms as feeling similar to a
25 heart attack i.e. chest pain, shortness of breath and fear of death.
1 d. Matt Michalak has been taken to the Mercy San Juan Hospital's
2 Emergency Department on no less than five occasions.
3 Prescriptions of Atavan and other anti anxiety medication have
137. Michalak was spending $3,000.00 a year as a student at SOMA. For three
6years he attended all RLC functions and SOMA. In 2006 he was ready to
7follow the Cunningham 2011 vision of casting churches. This was the reason
8he had been so devoted. Waiting for the visions was becoming more and more
difficult for Matt Michalak.
«. 138. Associate Pastor Brandon Miller was the cousin to Matt Michalak. Pastor
12 Miller assisted Cunningham in creating the vision for Michalak. When Miller
13 left the church in August 2008, Michalak understood how dangerous
14 Cunningham was in the conduct of taking money, time and breaking up
6 139. Plaintiff asserts on information and belief that Cunningham would isolate RLC
17members from their families. Once he had done this, he would teach about
18being under his " cover" for the purposes of bringing RLC members and
19Plaintiffs in particular into doing and acting for Cunningham at great personal
20loss. Plaintiffs were then abandoned and left if they did anything which
questioned what Cunningham taught. This love and abandonment created a
_- dangerous set of actions which caused all Plaintiffs emotional and financial
25 FIRST CAUSE OF ACTIONPromissory Fraud
1 (Against Defendants CUNNINGHAM,RADIANT LIFE CHURCH and DOES 1 through 25)
3 140. Plaintiffs repeat and reallege each allegation set forth in Paragraphs 1 through 139
as though set forth in full at this point.
141. Defendants and each of them did make misrepresentations, - false representation,
6concealment and nondisclosure of material facts which was an immediate cause of
7the plaintiffs' conduct which caused Michalak, Carmazzi and Plant to alter their
8legal relations with emotional, personal, business and social circumstances.
Plaintiffs without such misrepresentation or nondisclosure would not, in all
11 reasonable probability have entered into the business transaction and personal
12 agreements, as well as given money to RLC. Defendant Cunningham and other
13 defendants knew the falsity of their statements as more fully set forth above
14 demonstrating "Scienter". Defendants and each of them had the intent to defraud
15 Plaintiff and induced their reliance which was justifiable. Plaintiffs suffered
1" damages as the proximate cause of defendant's misrepresentation.
142. In 2005 in Sacramento, California, and continuing on a regular basis thereafter,
18Defendant CUNNINGHAM, individually and as RADIANT LIFE CHURCH,
19made numerous representations to Carmazzi and Plant with the specific intention
20that they rely thereon, first in order to induce them to make his services available to
21perform all of the duties, responsibilities and encumbrances associated with the
Garibaldi Signature Galleries in the amount of $ 10,000.00;
24 143. Carmazzi in 2005 through 2007 invested $ 10,000.00 as well as time, attorney fees,
25 and other resources to Garibaldi Signature Galleries. Defendant CUNNINGHAM,
1 individually and as RADIANT LIFE CHURCH, made numerous representations
2 to Carmazzi with the intent to obtain his reliance in order to induce him to make
•> his services available to perform all of the duties, responsibilities and
144. In 2006 in Sacramento, California, and continuing on a regular basis thereafter,
6Defendant CUNNINGHAM, individually and as RADIANT LIFE CHURCH,
7made numerous representations to DANIEL PLANT with the specific intention
8that he rely thereon, first in order to induce him to make his services available to
perform all of the duties, responsibilities and encumbrances associated with the
. 1 facts stated in paragraphs 41 through 78 as set forth above and in particular, the
12 loan to Cunningham in the amount of $7,500.00r
13 145. Thereafter, Defendants continued to make similar representations and
14 assurances in order to retain monies for Cunningham and for Radiant.
15 Plaintiffs are informed and believe and thereon allege that the foregoing
" representations and assurances were untrue at the time they were made, and
were known to be untrue by Defendant CUNNINGHAM, individually and as
18RADIANT LIFE CHURCH, at the time that each such representation and
19assurance was made.
20146. Defendant Cunningham and each of them through undue influence made
21promises to Carmazzi and Plant to provide coaching and advise Plaintiff.
Cunningham through his conduct advised Plant as set forth in paragraphs 42
24 through 78 above Carmazzi as et forth in paragraphs 79 through 127 and
25 Michalak in paragraphs 128 through 139 as well as Exhibit # 3 for the benefit
1 of defendants and each of them, and then to induce Michalak, Carmazzi and
2 Plant to continue to make time investments and enter into additional
3 agreements as described hereinabove, and to incur the costs, expenses, and
4additional liabilities directly associated therewith.
147. -Plaintiffs are informed and believe and thereon allege that the true facts were
6that Cunningham had no intention of bringing the work, skill and
7accomplishments performed by Plaintiff to the Board of Directors so that he
8may be honored as demonstrated by Cunningham in SOMA, SOMA AD,
CADRE, from the pulpit, Under Cover: The Promise of Protection Under His
,, Authority (2001) by John Severe and The Five Fold Ministries.
12 148. Plaintiffs are informed and believe and thereon allege that the Board of
13 Directors of Radiant was aware that Plant had negotiated the property for the
14 church loan. That there was a customary and usual fee for brokering. The
15 Board knew that no honoring of the magnitude of the j ob done by Plaintiff
acting Christ like was made and they held the honor due Plant to his
18149. Michalak, Carmazzi and Plant are informed and believe and thereon allege that
19Cunningham induced reliance on his fraudulent conduct to obey his words
20regarding the honor which were due and owing to Plaintiff. Radiant knew that
21Cunningham had a fiduciary relationship with Carmazzi and Plant. RLC
„ knew that Cunningham owed Plaintiffs a duty of loyalty and to use his best
24 efforts to avoid self dealing in his position as Pastor. Both Plaintiffs's had a
25 personal relationship with Cunningham who owed them a duty of care and
1 RLC did condone such a relationship as they benefited from the fraudulent
3 150. Cunningham knew that there was no possibility of his statements being true at
the time the statements were made, and that such representations and
assurances in fact were not true at the time they were made, but rather were
6intended to induce Plant and Carmazzi to continue to submit to the authority
7and to honor Cunningham. All Plaintiffs became liable for and incur such
8further and additional costs, expenses, and liabilities as aforesaid.
151. Plaintiffs are further informed, believe and thereon allege that said Defendants
1. and each of them at all times intended to obtain monies, services and skill in
j 2 negotiating from Plaintiffs, and to benefit from the further costs, expenses,
13 and other liabilities necessarily incurred by Plaintiffs as aforesaid and then to
14 contest any rights of Plaintiffs to recover any of Plaintiffs' honor, or other
15 damages, when Defendants failed to perform his honoring as agreed or
otherwise upon the failure of the promises of Defendants, and each of them,
17to materialize; and to stonewall Plaintiffs, using Defendants superior
18psychological, social and economic position and the facts that Defendants had
19in hand Plaintiffs' commitment to Radiant as a member, disciple and under the
20control of Cunningham.
21152. Plaintiffs were at all times unaware of Defendants' fraudulent intentions.
Plaintiffs reasonably and justifiably relied upon the representations made by
24 their Pastor acting in his position of authority and assurances by Defendants
25 and would not have invested their time, skill, monies and incurred additional
1 costs, expenses and liabilities without such representations and assurances as
2 were made. Plaintiffs would never have invested their time and skill with the
express representations describing that Cunningham would bring up honoring
4 Plaintiff to the RLC Board of Directors.
153. Carmazzi and Plant would not have continued with the blind devotion,
6obedience and forfeiting of asking for the honor owed but for the
7psychological manipulation of Cunningham and other defendants regarding
8the business visions, personal loans, positions on their respective board of
directors, profit sharing, and real estate/loan commission.
,, 154. Plaintiff would not have invested additional monies, and would not have
12 incurred the additional costs, expenses and liabilities as were incurred by
13 Plaintiffs in reliance upon such representations and assurances, all of which
14 will be proven at time of trial.
155. Plaintiffs have fully performed each and every obligation and duty of
" Plaintiffs, all to their detriment. Defendants have failed to perform, and
17Defendants' true intentions are now revealed as Defendants vehemently refuse
18to engage in any meaningful discussion or a resolution of the money due and
19owing, lines of credit incurred, business loans, tenant improvements,
20vacations paid for by Carmazzi, and have the unmitigated gall to suggest that
Plaintiffs are somehow to blame for all of the failed representations, promises,
and assurances made by Defendants as described herein.
1 156. As a proximate result of the misrepresentations, breaches of promise and fraud
2 by Defendants as described herein, Plaintiffs have suffered damages to be
3 proven at time of trial as follows:
a. Special damages in the amounts to be proven at trial for each
Plaintiff for loss of the money due to the false statement,
6deception, self dealing, overreaching and breach of the duty of
7loyalty, trust, and care by acts made by Cunningham in his
8position as Pastor at RLC.
b. Special damages in the amount to be proven at trial for Carmazzi.
, 1 c. Special damages in an amount to be proven at trial as and for
12 costs, expenses, losses and/or liabilities incurred proximately
13 caused by Plaintiffs investment of time, lost opportunities, and
14 monies with Defendants, together with interest thereon from date
15 incurred until paid.
16 d. General damages for Plant in excess of $ 1,000,000, to be proven
at the time of trial, together with interest thereon until paid.
18e. General damages for Carmazzi in excess of $ 1,000,000.00 to be
19proven at time of trial, together with interest thereon until paid.
20f. General damages for Michalak in excess of $ 1,000,000.00 to be
21proven at time of trial, together with interest thereon until paid.
157. As a proximate result of the misrepresentations, fraud, and associated conduct of said
24 Defendants, Plaintiffs have further been required to incur further and additional
25 expense, have suffered further losses and damages, have been sued, and otherwise
1 have had to act in protection of their interests, and have now had to bring this
2 Complaint and engage in this litigation, necessarily incurring costs and attorney's
3 fees, and have thereby suffered loss of time and other losses and expenses, and
4have otherwise suffered loss of time and money, emotional upset and other
detriment, including but not limited to amounts described next hereinabove, all of
6which will be proven at time of trial, and all of which should be paid for by such
8158. As a proximate result of these misrepresentations, Michalak, Carmazzi and Plant have
caused to suffer permanent bodily injuries and psychological harm.
,. WHEREFORE, Plaintiffs pray for Judgment against Defendants as hereinafter set forth.
12 SECOND CAUSE OF ACTION(DEFAMATION OF CHARACTER)
13 By Daniel Plant only
14 (Against Defendant TONY CUNNINGHAM only)
15 159. Plaintiffs repeat and reallege each allegation set forth in Paragraphs 1 through 155
as though set forth in full at this point.
160. Defendant, Cunningham met with Brandon Miller the assistant pastor. In particular,
18Cunningham spoke to Brandon Miller about specifics on the financial transaction
19between Plant and the property known as 8655 Alaska Range Way. Cunningham
20had a disagreement with the accounting practices and procedures employed by
Gallic Plant. Cunningham asserted that Callie Plant had made inaccurate
„ calculations with the intent to cheat Cunningham. Cunningham defiled her
24 reputation and debased her character as well as Daniel Plant's in this conversation.
1 161. Plaintiff, Daniel Plant had a meeting with Cunningham as part of a mentoring
2 program with two other men, Brandon Miller and James Carmazzi. Cunningham
3 subjected Plant to scrutiny in front of Brandon Miller and James Carmazzi. This
4amounted to a complete tongue lashing by defendant Cunningham in which Plant
was berated and humiliated in front of these men. This caused and exposed Plant to
6be held with contempt, ridicule, and obloquy. From that time on the Plants' were
7shunned and avoided, and had a tendency to injure them in their occupation.
8162. These published words were in fact false and unprivileged which caused plaintiffs
harm and injury. This humiliating questioning of Plant's business practices and
,, procedures is "libelous per se". Plaintiff in this case makes it unnecessary to allege
12 matters of innuendo, inducement or special damage. Harris v. Curtis Pub. Co. (App.
13 4 Dist. 1942) 49 Cal.App.2d 340.
14 163. Plaintiff to be clear states the context in which these harmful words said were
1 5 secular in nature despite the fact it was in a mentoring program though RLC.
" 164. Cunningham created the defamation injures to Plants reputation. These were in fact
false accusation of crime, dishonesty in business did do severe damage to the
18personality, dignity, and sensibility of Plant. Plant sustained personal injuries as a
19result of this libel.
20165. Cunningham acted either with a malicious intent to injure or negligently by failing to
21refrain from publically humiliating Plant. Plant had apparently which was unknown
„ to him challenged Cunningham the Pastor and Mentor. Plaintiff alleges that if
24 Cunningham's actions were left unrequited, they would tend to fester into a
25 substantial threat to public safety, peace, and order. Plaintiff turns to this complaint
1 for the redress of wrongs and vindication of the right to reputation without
2 constitutional infringement, even though the words and conduct of defamation were
•* uttered in a "religious" setting i.e. mentoring. Plaintiff notes that it is only religious
4belief and practice that the Constitutional free exercise clause protects absolutely
against governmental regulation, and not secular belief and practice. The claim and
6proof of defamation in this case could not involve the truth or falsity of statements
7of religious belief or tenet made by Cunningham, but the evidence shows the
8statements were used to cloak a secular purpose to injure the Plaintiffs reputation.
166. Plaintiff will establish these losses according to proof at trial.
, I WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them,
, 2 as hereinafter set forth below.
13 THIRD CAUSE OF ACTION(Breach of Fiduciary Duty)
14(Against Defendants TONY CUNNINGHAM & RADIANT LIFE CHURCH)
15167. Plaintiffs repeat and reallege each allegation set forth in Paragraphs 1 through 166
16as though set forth in full at this point. Plaintiff asserts the facts set forth in
paragraphs 12 through 139 to be incorporated into this cause of action.18
. g 168. A fiduciary relationship is a recognized legal relationship such as guardian and ward,
20 trustee and beneficiary, principal and agent or attorney and client. Here there was a
21 "confidential relationship" founded on a moral, social, domestic and personal
22 relationship as well as a legal relationship between Cunningham and both Plaintiffs,
23 Carmazzi and Plant. The fiduciary duty includes the obligation to act with
scrupulous honesty and to refrain from self dealing.
1 169. A relationship of trust and reliance existed between Plaintiffs, Michalak, Carmazzi
2 and Plant with Cunningham. Cunningham owed Plaintiffs' the duties of utmost
3 care, honesty, loyalty, including the duty to disclose all material facts.
4170. Defendant, Cunningham, as agent for RLC had a confidential relationship with
Michalak, Plant and Carmazzi. The fact is that Cunningham had a superior position
6to Plaintiffs. They were not on equal terms, because Cunningham whom the trust
7and confidence was reposed and who accepted that trust and confidence as in a
8superior position who exerted unique influence over Michalak, Plant and
,, 171. Cunningham had a confidential relationship with Michalak, Plant and Carmazzi.
j 2 The confidential relation that gives rise to a fiduciary duty, is characterized by the
13 following essential elements as follows: (1) Michalak/Plant/Carmazzi had a
14 vulnerability to Cunningham which (2) results in the Cunningham being
15 empowerment by the weaker parties i.e. Michalak, Plant and Carmazzi, which (3)
empowerment has been solicited or accepted by the Cunningham and (4) prevents
Michalak, Carmazzi and Plant, the weaker parties from effectively protecting
19172. The vulnerability that is the necessary predicate of a confidential relation was
20personal information regarding the childhood wounding of Plant in addition to a
profound incapacity. The facts in paragraphs 42 through 78 confirm a weakness of
mind which Cunningham used to exploit Plant. This relationship arose out of the
24 canonical authority, mentoring Plant, being the business coach and sitting on the
25 board of directors of his company.
1 173. Carmazzi's vulnerability occurred over a period of time in which Cunningham was
2 sought for marital problems between the couple. Cunningham used this time to
3 discover personal information. During these sessions, Cunningham began to use the
4time to talk about the couple's problems and most of the time regarding business
and his vision. Cunningham used his position of power, authority and canonical
6stature to gain an advantage. Carmazzi was so taken that he signed an agreement
7which is still in effect that makes Cunningham a 20% holding of the net profits
8from the business, Carmazzi Inc. The facts set forth and exhibits set forth in
paragraphs 79 through 127 provide the basis for the damages proximately caused
11 by this breach.
12 174. Michalak was taken into a private, secret and destructive relationship with
13 Cunningham. The vulnerability that is the necessary predicate of a confidential
14 relation was clearly present when Cunningham isolated Michalak, set Matt
15 Michalak up to fail by commanding RLC members to hire or fire him causing great
financial stress. Sarah Michalak was taken into a secret powerful manipulation
which Cunningham used for his own purposes under the guise of "Spiritual
18Parenting:". The facts in paragraphs 128 through 139 and Exhibit #3 Michalak time
19line confirm a weakness of mind which Cunningham used to exploit Michalak..
20This relationship arose out of the canonical authority, mentoring Michalak through
SOMA, Pastoral teachings, Spiritual Parenting and a committed covenant
relationship which sought to destroy the Michalak marriage and ruin Matt
1 175. Defendant Cunningham breached his duty to give deceptive religious scriptures,
2 business, mentoring, and coaching advice which would supposedly benefit
Michalak, Carmazzi and Plant. Defendant Cunningham as described above on
4many occasions placed his position and authority in a superior position to the
weaker RLC members, Michalak, Carmazzi and Plant. This benefited Cunningham
6and injured Michalak, Plant and Carmazzi.
7176. Michalak, Carmazzi and Plant will establish these losses according to proof at trial.
8WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them,
as hereinafter set forth below10
FOURTH CAUSE OF ACTION(Negligent Supervision)
(Against Defendant, Radiant & Church of God)
1., 177. Plaintiffs repeat and reallege each allegation set forth in Paragraphs 1 through 176
14 as though set forth in full at this point. Plaintiff incorporates by reference
15 paragraphs 16 through 136 as fully set forth here.
16 178. Defendants, Radiant and Radiant Church Board of Directors were the supervisors of
their employee, Tony Cunningham, who was the Pastor and Religious Leader.
18 These defendants had By Laws in place which required supervision of the financial
19circumstances of Radiant. These By Law on information and belief provided for an
20oversight of the money which was in the power, control and management of their
22179. Plaintiffs allege based on information and belief that RCL Board of Elders had
knowledge as set forth in Exhibit # 4 - Red Flags. The Board was provided with
- <- this information in 1997 as in pertinent part states:
a. "Pastor ahs no real accountability"48
1 b. Pastor & leadership believe God is doing a "special work" within thisbody that the rest of the Body of Christ doesn't have or isn't sharing in.
2 Implied that this Church is more spiritual and more favored than otherChurches or believers. Pastor, leadership and even members begin tohave a sense of spiritual superiority".
c. Pastor feels he has a special anointing. He is not open to correction. Heis very controlling.
r d. Implied guilt that if you leave this Church you will not be blessed orGod will take his hand off you."
6180. Defendant Church of God had a duty to provide management and supervision to
7Radiant. Defendants breach their duty of care to Plaintiffs in failing to use any
8oversight of the actions of Cunningham and Radiant. Plaintiffs suffered permanent
injuries based on this breach of care to use their authority of management as well as
,, to direct and observe the actions of Cunningham and Radiant.
12 181. The defendant Board of Directors had on information and belief j oint control of the
13 financial affairs of Radiant. The Board on information and belief delegated these
14 matters to others including defendant Cunningham. The Board was a beneficiary of
some of the money which Cunningham through psychological manipulation of
Michalak, Carmazzi and Plant were a species of fraud - negligent
18182. Defendant RLC had in their Pastor Handbook, December 2007, a policy of how
19money brought into RLC either by cash or check was to be accounted for. In
20particular the handbook states that:
1 Funds Receipt Policy
2 The Funds Receipt Policy is as follows:• Any ministry that receives money (cash and/or check) must adhere to this policy.• Tliis policy must be followed for any ministry event that 1) regularly generates money or 2) generates at 1
3 $100 in a single event (e.g., fundraiser, offering taken for any ministry, fundraisers that act as a single evtaking place over a period of time).
4 * Money must be counted within one hour of the end of the event (e.g., once ticket sales are done for the dtetc.).Immediately after each qualifying event; amounts received must be brought to RLC and placed in a lockcconcealed area. Funds will leave RLC only en route to the bank.Two appointed leaders from the respective ministry must be present when money is counted.
6 * Once money is counted, it should be placed and sealed man envelope. On the front of the envelope, theamount, ministry involved, and money counters should be indicated. Amounts totaling more than $500 nplaced in the safe in bookkeeper's office. Otherwise, funds should be given to overseeing pastor.
' • The ministry director must track these funds, ensuring they are recorded inourfinancials.
8Defendants failed to follow their own policy and procedure. Defendants failed to
9supervise Cunningham in his misuse of money for his own gain and purpose
causing great financial and emotional harm to plaintiffs,
j 2 183. Defendant Cunningham made representations to Plaintiffs they would be provide an
13 opportunity to plant 100' s of churches through the 2011 Vision. The school to make
14 these RLC members eligible and competent to be able to be church leaders was
15 operated by Cunningham. Plaintiffs allege on information and belief the Board had
no oversight of SOMA. Plaintiffs assert that Cunningham has SOMA Northwest in
the State of Washington. Cunningham took all of the money which Plaintiffs' paid1 o
19184. Defendants and each of them which is not limited to Church of God and Board of
20Directors, shared in the ownership interest in the manipulation of Plaintiffs'..
21Plaintiff on information and belief asserts that these Board of Directors either knew
or should have known that Cunningham was taking money from Plaintiffs through
these fraudulent activities as set forth above.
25 185. Defendants and each of these Board of Directors and Church of God breached their
respective duties of care to Michalak, Carmazzi, Plant and the members of the50
Church. Defendants and each of the failed to supervise and oversee Cunningham.
The rouge acts of Cunningham were known to the Board as early as 1997 and as
evidenced by the facts set forth in this complaint.
186. The Church of God and the Radiant Board of Directors was the proximate cause of
the damages set forth in this complaint. These defendants and each of them were
benefiting each other to the detriment of Carmazzi and Plant. The Board of
Directors intended that Cunningham raise money for Radiant.
187. On information and belief, money which Cunningham manipulated from Carmazzi
Michalak and Plant through his fraud was known or should have been known by the
Church of God and the Board of Directors as evidenced in their failure to abide by
their own guidelines as set forth in their By Laws.
188. The Michalak, Carmazzi's and Plants' have sustained personal injuries and financial
loss for these negligent actions of failing to supervise Cunningham or other Board
189. Plaintiff will establish these losses according to proof at trial.
WHEREFORE, Plaintiff prays for judgment against Defendant, and each of
them, as hereinafter set forth below
FIFTH CAUSE OF ACTION(BREACH OF CONTRACT)
(Carmazzi Against Defendant Cunningham)
190. Plaintiffs repeat and reallege each allegation set forth in Paragraphs 1 through
189 as though set forth in full at this point.
1 191. Plaintiff entered into a written contact in Sacramento California for the sole
2 purpose of providing to Defendant with money for personal loans which were
•* made in 2005 in the amount as set forth above. (Exhibit 6)
4192. Defendant, Cunningham, made promises to Plaintiff that he would repay this
loan. Plaintiff asked for his money back in the summer of 2009. Defendant
6gave him $10,000.00. There were also two payments of interest.
7193. Defendant Cunningham failed to abide by his promises either to pay back the
8personal loans or to pay the interest.
194. Defendant Cunningham breached and broke his promise to Plaintiff. Plaintiff
., performed all duties necessary for the conditions of each agreement.
12 Defendant owes Plaintiff the money he took per the written loan agreement.
13 195. Defendants Cunningham did not pay for the money which was a personal
14 loan. Money is due and owing according to proof at trial.
15 WHEREFORE, Plaintiff prays for judgment against Defendant, and each of
them, as hereinafter set forth below.
17 PRAYER FOR RELIEF
18WHEREFORE, Plaintiff prays for damages as follows;
191. For general damages in a sum according to proof at trial;
202. For special damages in a sum according to proof at trial;
213. For money for breach of personal loans in a sum according to proof at trial;
4. For costs of suit incurred herein;
3 By The Law Office of David Asch
5. Attorney fees (Code of Civil Procedure section 1021.5); and
6. For such other and further relief as the Court may deem just and proper.
Dated: December 15,2009David A. Asch Attorney for Plaintiffs
EXHIBIT # 1
Stipulation RE: New Complaint Statuteof Limitations and Discovery
MICHAEL J. LEVANGIE, State Bar # 160163TALIA L. DELANOY, State Bar # 239973PROUT* LEVANGIE2021N StreetSacramento, CA 95811Tel: (916)443-4849Fax: (916)443-4855
Attorneys forRadiant Life Church; Tony Cunningham
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SACRAMENTO
DANIEL PLANT AND CALLIE PLANT,
RADIANT LIFE CHURCH; TONYCUNNINGHAM; and DOES 1-100,
CASE NO. 34-2008-00026582
STIPULATION RE: NEW COMPLAINTSTATUTE OF LIMITATIONS ANDDISCOVERY
IT IS HEREBY STIPULATED AND AGREED by and among the parties hereto, through their
respective counsel of record as follows: , A' HO .̂(1) Plaintiffs Daniel and Gallic Plant will dismiss, witn prejudice, the case of Plant v.
Radiant Life Church, et al., Sacramento Superior Court case number 34-2008-
1STIPULATION RE: NEW COMPLAINT, STATUTE OF LIMITATIONS AND DISCOVERY
I \clicnt\Plant\Pteading\Stipulatioo re-new complatnt.doc
(2) Plaintiffs will file a new complaint with the Sacramento Superior Court with only
following plaintiffs: Daniel Plant, Callie Plant, James Carmazzi, Angela
Carmazzi, Matt Michalak and Sara Michalak and against only the following
defendants: Tony Cunningham and Radiant Life Church (hereafter the "new
(3) The claims of Daniel and Callie Plant, against Radiant Life Church and Tony
Cunningham, asserted hi the new complaint will relate back to the date of the
filing of the case of Plant v. Radiant Life Church, et al., case number 34-2008-
00026582, November 12,2008. For purposes of the statute of limitations, each of
the claims of Daniel and Callie Plant will be tested against the date of November
(4) The defense agrees to use discovery completed for case number 34-2008-
00026582 and will not re-open any depositions unless new information is
obtained about the Plants' claims through discovery of the claims of the new
(5) Defendants have agreed to participate in mediation in January of 2010 conditioned
on the participation of only the following plaintiffs: Daniel Plant, Callie Plant,
James Carmazzi, Angela Carmazzi, Matt Michalak and Sara Michalak,
concerning only the claims presented in the new complaint and conditioned on the
agreement that should the parties resolve the claims in the new complaint, the
settlement of this matter will be confidential.
(6) In the event of a breach of this agreement, any remedy provided by law shall be
available, including but not limited to injunctive relief, actual damages and
appropriate attorney's fees.
STIPULATION RE: NEW COMPLAINT, STATUTE OF LIMITATIONS AND DISCOVERYI \clientVPlantVPIeading£tiputaoon ittjiew complaint doc
(7) This agreement can be executed in counterparts and a facsimile signature is
acceptable to bind the parties.
DATED: December _^_ 2009 PROUT* LEVANGIE
Bv: (^7#US-̂TALIAL. DELANO YAttorneys for: Radiant Life Church; TonyCunningham
i?UDATED: ' f i n ,2009 LAW OFFICES (\ \ r
DAVID AAttorney fState Bar fl3323 WattSacrament(916-485-Oi916-485-0'
F DAVID ASCH
CHr Plaintiffso. 140957Avenue, No. 2703, CA 95821508194 fax
STIPULATION RE: NEW COMPLAINT, STATUTE OF LIMITATIONS AND DISCOVERYI.\client\Plant\Pleading\Stipulatioii re new complaint doc
EXHIBIT # 2
November 28th, 2009 email fromChurch of God..
David Asch, Esq.
From: Steve Robertson [[email protected]]Sent: Saturday, November 28, 2009 6 55 PMTo: 'David Asch, Esq 'Subject: RE: Church of God
Yes, you have reached the regional district office of the Church of God Association ofNorthern California, serving affiliated congregations in N.California, N. Nevada & Hawaii.Steve Robertson
Are you part of Church of God Anderson?
David Asch, Esq..Law Office of David Asch916 485 [email protected]
This message and accompanying documents are covered by the ElectronicCommunicationsPrivacy Act, 18 U.S.C. §§ 2510-2521, and contain information intended for the specifiedindividual(s) only. . It is intended only for the use of the individual or entity to whichit is addressed. If you have received this communication in error, please call us at(916).4850808 and destroy any associated printed materials and delete the electronic material fromany computer. Please be aware that any unauthorized disclosure, use or publication of thiscommunication or the information it contains may result in criminal and/or civilliability. Thank you.
No virus found in this incoming message.Checked by AVG - www.avg.comVersion: 8.5.426 / Virus Database: 270.14.85/2531 - Release Date: 11/28/09 19:34:00
EXHIBIT # 3
Matt and Sarah Michalak Time Line
MATT AND SARAH MICHALAK'S TIME LINE
2002Plaintiff Matt Michalak met Cunningham through a family member, Brandon Miller whobecame an Associate Pastor. Pastor Miller explained the "2011 vision". The concept ofSchool of Ministry Arts was presented as a means to facilitate that vision.
2003Matt Michalak signed an agreement based on promises made concerning the value ofbeing part of the vision and receiving teaching from Cunningham. The agreement was ata cost of $9,000.00.
In January of 2003 - Matt Michalak began to attend Sunday service, Friday nightworships on a weekly basis on Friday, Saturday night GAP every Saturday, Sunday nightyoung adult ministry every Sunday, and SOMA 16 hours a week 4 days a week at urgingof Cunningham through SOMA teaching and personal talks. Matt Michalak sustainedlosses not limited to lost wages for time away from work, family time and any futureeducation. Michalak could not hold a full time job as a result of teachings fromCunningham.
- Taught honor G-d by honoring authority CunninghamTaught most important priorities of Heaven are Connection, Submission andGiving by Cunningham to Cunningham
Plaintiff, Sarah Michalak, began to attend Radiant Life Church, Defendant Cunninghammade inquiries regarding her relationship with her biological father.
Matt Michalak began a discipleship relationship at urging of Cunningham with AssociatePastor Miller. Cunningham starts pursuing Sarah Michalak for an intimate, secret andcloser relationship.
Cunningham instructs Matt Michalak he is insufficient spiritually and he has "holes" inhis covering for his family. Cunningham tells him he must perform more to gain propercovering for his family.
Cunningham begins to invite Sarah and Matt in the spring to his home yet Cunninghamtook Sarah to meetings alone while Matt waited. On many occasions he would leaveSarah with Cunningham and go home.
Sarah Michalak began building relationship with Cunningham. The Senior Pastor,Cunningham, explained to Sarah that he could help her to view God as a father. SarahMichalak was under the influence of Cunningham as evidenced by the following:
-Met privately in his office with doors closed
-Met at Starbucks-Went shopping together-Ran errands with Him-Many meals spent together
Thanksgiving of 2003 is the first time Cunningham invites the Michalak's to his home forHolidays and Special Events. Cunningham say that it is an honor for Michalak to be their.
During the Winter Cunningham encouraged Plaintiffs to put boundaries on their parentsand siblings relationship. Cunningham states to Michalak that they were not a goodinfluences and if Sarah wanted to receive Cunningham's inheritance then she needed toseparate from the "old ways of life"
Cunningham further teaches Plaintiffs that proximity or staying close to authority willestablish relationship and covering. Cunningham urges Plaintiffs to separate from theirfamilies emotionally and physically and to only receive advice, counsel and teachingfrom Cunningham.
Cunningham instructs all students of SOMA to read Under Cover: The Promise ofProtection Under His Authority (2001) by John Severe. Cunningham describes that he isunder the "Cover" of the Church of God and has mentors. Cunningham explains that themore his disciples, students and inner circle submit to his authority the more power,successes and health they would have.
Cunningham continues to use the SOMA teaching platform to dictate who wasenlightened and who was not, shunning individuals for not adhering to his teachings andshunning those that questioned him.
2004In the spring of 2004, Sarah Michalak entered into a "Spiritual Covenant" withCunningham and his wife, Rose Cunningham. They were her spiritual parents. MattMichalak was prohibited to be part of "spiritual parenting". A covenant ceremony tookplace in Cunningham's bedroom at his house on White Peacock. Sarah Michalak wasgiven a tennis bracelet as sign of their covenant relationship.
During 2004, Sarah Michalak was taught heavily about honor and submission to thepoint she began to do anything she could to show honor including cooking meals forCunningham and his family. Sarah Michalak did whatever Cunningham asked her to dowithout question.
Further, Sarah Michalak was taught that pursuing a greater relationship with Cunninghamwas how to become closer with God. Specifically Sarah Michalak was told that she mustsubmit, give, connect and be close to Cunningham, serve him, pray for him etc in order tobe blessed by God and have "Covering". Otherwise Sarah would be abandoning herinheritance and God would abandon her and leave her to herself.
Sarah Michalak was taught her spiritual inheritance from God was supposed to comethrough Cunningham. Sarah needed to insure that she received that inheritance byhonoring and submitting to Cunningham. The consequences of this teaching were shestopped relying emotionally on family friends and Matt Michalak. Sarah now went toCunningham for all spiritual and general counsel.
During 2004, Sarah Michalak was specifically told that any decisions she made whichwere not submitted to Cunningham would not be covered by God and therefore notblessed.
During the summer of 2004, Sarah Michalak was told by Cunningham to considerseparating from Matt Michalak because her husband was a dangerous and an unfit father.At this point is when Sarah Michalak put a distance between herself and Matt Michalakand she began to emotionally and spiritually rely completely on Cunningham and nolonger trusted Matt Michalak.
Sarah was now having many private teachings from Cunningham on receiving him as afather and how to reciprocate back to him. Sarah Michalak was instructed as to how tohonor and submit to Cunningham in their now secret and confidential relationshipbecause she was trusted.
Cunningham was now in control of Sarah Michalak. Cunningham told her who to befriends with and who was dangerous.
Cunningham used his psychological manipulation with Sarah Michalak. After she wasdependant upon his approval and had to get his advice and counsel about anything in herlife, Cunningham would abandon her. Cunningham knew that she would do anything tobe back in good graces with him. The abandonment was without any reason and leftSarah Michalak in a state of panic and emotional crisis..
Sarah Michalak would be left to try and figure out how to get back under covering ofCunningham. Cunningham developed a pattern of this to keep her on a controllingemotional string.
Cunningham in the summer of 2004 counseled and advised Sarah to move her self andfamily to a home close to him. The Michalak's moved onto White Peacock and lived withother RLC members, Gregg and Kelli Huth. Sarah was now in close proximity toCunningham.
Matt Michalak is continually shunned by Cunningham for actions taken without askingfor Cunningham's counsel first. This resulted in Matt Michalak's submission of all hisaffairs which were not limited to his marriage issues, finances, job direction etc.
Cunningham tells Matt Michalak he is not leading his wife in a way that brings propercovering.
.Cunningham teaches the Michalak's' reciprocation to those in authority is a priority forhaving relationship with authority and gaining covering. Cunningham teachings ofservice and giving lavish gifts to him at great financial hardship..
2004 summer - Cunningham suggests my wife separate from me and that divorce was anoption with no basis or reasoning stating that I was dangerous. Sarah begins to distanceherself from me from this point on.
2005Cunningham instructed the Michalak's to move to another home in the neighborhood.The reason was that Cunningham said the Hum's were unfit. The manipulation continuedas in 2004. Sarah Michalak started discipleship with Rose Cunningham.
Cunningham took Sarah Michalak without her husband to San Francisco with his family.Cunningham and Sarah spend time alone, going to coffee and shopping. Cunninghambought clothes and accessories..
Cunningham gives "direction" to Matt as to which employer he should work for andtells others when to hire and fire him. Also counseling employers on how much Matt isworth and setting salaries which were very meager. Matt is unaware of this until late2008.
Sarah Michalak in private conversation with Cunningham told him about sexual historyat his inquiry. Cunningham without authority, consent or permission exposed her privateinformation to the entire congregation during an event.
During a private meeting with Cunningham, Sarah was told that she was sexually abuseby her father. Cunningham began to pray that Sarah would remember it.
Matt Michalak graduated from SOMA and stop going to teachings every day.
2006Matt Michalak discusses purchasing a vehicle for his wife. Their car was unreliable. Mattgives $1000 to Cunningham to honor him. Cunningham, without Mart's knowledge, asksthe RLC Tuesday morning leadership class to donate money to buy Sarah Michalak avehicle. Cunningham, without any input from Matt, takes Sarah to look at cars.Cunningham makes a purchase of a 2000 Ford Expedition and puts it in her name only.The next day Cunningham asks Michalak for $2000 to cover the donation he had made.Matt Michalak pays $2000 back to Cunningham.
Sarah and Cunningham continue to meet with each other on a one on one. Cunninghamcontinues to berate Matt and tells Sarah that there is a 50/50 chance she will be a singlemother and she should prepare to leave Matt.Cunningham tells James Carmazzi to hire and then later to let him go. This was feedinginto Sarah's fears of not being able to depend on Matt.
2007In the spring of 2007, Cunningham tells Sarah in their private meetings in his office hewould take care of her and her kids if she were to leave Matt.Cunningham continues to tell Sarah to leave Matt because he is dangerous and unfitspiritually. Cunningham tells Sarah he would not judge her if she were to have an affair.
Matt Michalak becomes increasingly more fearful that his wife will leave him and takehis children. Panic attacks are more and more frequent. Matt Michalak stops participatingin every service at RLC. Cunningham starts a full assault telling friends, business peopleand core members of RLC that Matt is spiritually dangerous and that he beats his wifeand is cheating on her.
Matt Michalak as a consequence losses all friends, employer contacts, and the network ofpeople he had been isolated into. Sarah is now separated emotionally from Mattcompletely. Cunningham holds out an invitation for Sarah to leave Matt.
During the summer of 2007, Cunningham stops returning Sarah's phone calls as well asmeeting with her one on one. Sarah is devastated and abandoned by Cunningham. In late2007 she decides to stop attending every church service. Cunningham stopped anycontact with her.
2008Matt and Sarah continue to be members of RLC. They start working on their relationship.In August - SOMA is shut down by Cunningham and Matt and Sarah realize what hadgone on with RLC and Cunningham. During the investigation by the Board of Eldersabout the breach in confidentiality with Mart's cousin, Brandon Miller, Matt understandsfor the first time the misrepresentations and harm that was done.
The damage caused to Sarah's mental and emotional state left her in despair that she stilldeals with today. Sarah Michalak still deals with the immense damage Cunninghamcaused to her marriage and her relationships with her family. The Michalak's are tryingto rebuild something that was totally destroyed and they continue to struggle withreversing the trauma and the guilt.
Matt and Sarah continue to have difficulties in their marriage. The lack of trust, intimacyand ":togetherness" are a struggle. Matt Michalak has been taken to the EmergencyRoom on no less than 5 occasions as a result of anxiety attacks. Matt reports that hebelieves he is having a heart attack with chest pain.
Sarah Michalak feels great regret and guilt. The teachings of the Senior Pastor continueto overcome her emotionally and the hopelessness, despair and loss of hope continue.The couple no longer attends any religious organization.
EXHIBIT # 4
Red Flags 1997
By Debbie Rajendar
• Pastor has no real accountability.Can the Pastor be fired? Does he control the Deacon board?Can the Deacons question his actions or are they fearful of him?
• No real denominational covering or accountability.
• Pastor & leadership believe God is doing a "special work" within thisbody that the rest of the Body of Christ doesn't have or isn't sharingin. Implied that this Church is more spiritual and more favored thanother Churches or believers. Pastor, leadership and even membersbegin to have a sense of spiritual superiority. This is a major red flag.
• Pastor feels he has a special anointing. He is not open to correction.He is very controlling.
• Implied guilt that if you leave this Church you will not be blessed orGod will take his hand off you.
• Feel guilty for questioning anything the Pastor is doing or a certainmovement within the Church that you are uncomfortable with.
• Fellowship or friendships outside the Church is discouraged.Most members only have friendships inside the Church.
• Pastor never invites outside speakers and rarely visits with otherPastors or Churches.
• Pastor & leadership stray away from the proper interpretation ofScripture saying: "God is doing a new thing."
• Pastor & leadership keep you so busy with activities and ministeringthat you don't have time or you are too tired to stop and see what isgoing on.
• Solid families are leaving the Church and no one knows why or isfearful of questioning it.
• It's difficult to leave the Church.
EXHIBIT # 5
Carmazzi Position Offering
Carmazzi Inc. PosTony Cunnin ;ham
-Outline of Agi cement-
1. Position of Authority:A. Vice President
2. Responsibilities:A. Lead Carmazzi Inc. so that it stays in line with
WAY OF LIFE - PURPOPursue more intimacy with Christ &
and better and better. Lead others to pothers so their life gets better and betScripture: Ephesians 4:11-16, 1 Corinth
God, Wife, Children, Work/BusinessScripture: Psalm 127, Matthew 6:33, Pro
PHILOSOPHIESIdentify, refine, and model a syst
affairs.Scripture: Psalm 100, Romans 12
PRACTICESThe application or living out of o
Scripture: Isaiah 58: 11-14, James, 1st
B. Authoritative input into all aspects of Carmazzij Inc. operations in order to achieve the way oflife goal.
3. Compensation:A. 20 percent of Carmazzi Inc. net profits from JaB.TBD
4. Evaluation:A. Meetings as necessary to review Carmazzi IncHuman Resource activity.B. The success will be determined by the way ofhonoring the authoritative position of Tony Cunni
tie way of life goal:
5E DRIVEN LIFEwith others so that life gets betterrsue more intimacy with Christ & wither and better.ana 4: 14-17, Psalm 133
m of beliefs to govern practical
r priorities & philosophies.John
iuary 1,2004 to December 31,2005
Sales & Marketing, Finance, Operations, and
fe maintained by Carmazzi Inc in relation toigham.
James Carmazzi, V.P.
EXHIBIT # 6
Carmazzi Loan to Cunningham
LOAN ACRE] 1MENT
This constitutes a private loan agreement betweeiJames Carmazzi (lender).
Commencing on April 4,2005, the terms of a $4(
1. 8% annualized interest rate of return.x ££*
2- ^^^ interest only payments toll commence onand will continue until the terms of the loi in arc met.
3. If requested within a three month period,principal amount will be collected.
4. If requested within a 6 month period, thecollected.
tot more than 50% of the original
intire original principal amount will be
5. Upon approval by both borrower andextend the lending period to 12 months,principal amount and all remaining i
lenc er,a the
Tony Cunningham (borrower) and
,000 loan are as follows:
, the lender shall offer an option toend of which the entire original
payments shall become due.
1. Here is the loan agreement you requested.. .re: item 2, we didn't discuss this, i.e.,monthly payments of $266.66, or quarterly payments of $800, or? Let me know.
2.1 have discussed with Angela the offer to buy into one of your equity shareproperties, and we both agree it would be an honor to move forward with theoffer. I believe you indicated 15k to 20k
Both Florida offers were accepted, one in Tampa for $335k (w/10% holdback ofpurchase price to remain in escrow for 6 months to confirm transition of client base tonew owner), the other in North Miami $450k (includes 30k or so of receivables), andsince the lowest cost and direct, nonstop flights are from S.F. to Orlando, 1 canarrange to check out the Orlando company while I am out there.
Tentatively I am scheduling two days per business for due diligence, plus travelbetween cities and front and back end travel days (due diligence must be done onweekends and evenings so that employees are not disrupted). Because of thecircumstances and opportunity, the length of travel is more than originally expected.As such, Angela would like to go be with me, including the children. I have mileageplus miles to save on cost. We could depart on April 22/23.
I have agreed to terms with both companies, however, a letter of intent and $5kdeposit (with a 15k balance due upon completion of due diligence), on the MiamiCompany (the one you favor), is forthcoming this week. My attorney, Roger Bennettwill take 3 wks or so to submit a binding contract with all the legalese. We areplanning to close on Mayl to 15lh. In the meantime I will be meeting with local SBAlender to secure financing.
We also discussed a 10% investment interest for you. which you intended to discusswith Rose.
I welcome your counsel and direction with everything.
God Bless. James.
EXHIBIT # 7
Pastor Losey letter to Carmazzi
We at RLC West wish to be a contributor towards the 2011 expansion and to that goal weare currently doing the following:
Our church is giving weekly to Tony/ RLC Missions fund. Last year we gave $6,000 andthis year our goal is to increase that to $9,000. Then each year we will increase ourgiving. It would look something like this;2006 $6,0002007 9,0002008 12,0002009 16,0002010 20,0002011 25,000
I also give a weekly tithe personally to Tony in addition to my church tithe. This year Igave $6000 and it will increase with my personal income. My goal is to get others to dothe same. Last year I targeted 4 individuals and was able to get one of them to commit tostart an additional tithe to Tony. The Elders that lead the church well are deserving of adouble measure of honor. I would hope that you are of a same mind and would influenceothers to give the honor that will propel Tony in his calling.
It is also my intention to take the resources that I have no matter how small and start asmall business that would also contribute toward 2011. I am currently researching aEmployment, Staffing, Job Placement kind of Company idea I have and will bring theidea to Dynamais if my research continues favorably.
I am open to any suggestions or ideas you might have. May God Bless you in all you dofor His Glory.