cunning ham complaint

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 David Asch, Esq. SEN 140957 Law Office of David Asch 3323 Watt Avenue #270 Sacramento, CA 95 821 9164850808 FAX 91 6 485 0494 lawman(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»J i Department Assignments Case Management 45 Law and Motion 53 Minors Compromise 42 THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO DANIEL PLANT, CALLIE PLANT, ) JAMES CARMAZZI, ANGELA ) CARMAZZI , MATT MICHALAK & ) SARAH MICHALAK ) ) ) Plaintiffs, j { ) RADIANT LIFE CHURCH, TONY ) CUNNINGHAM, CHURCH OF GOD ) ANDERSON and DOES 1 through 25, Inclusive, Defendants COMES NOW, Plaintiffs Daniel Plant, Case No.: COMPLAINT FOR DAMAGES 1. Promissory Fraud 2. Defamation of Character 3. Breach of Fiduciary Duty 4. Negligent Supervision 5. 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 \

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Page 1: Cunning Ham Complaint

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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

DepartmentAssignments

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 )

))

Plaintiffs, j

{)

RADIANT LIFE CHURCH, TONY )CUNNINGHAM, CHURCH OF GOD )ANDERSON and DOES 1 through 25,Inclusive,

Defendants

COMES NOW, Plaintiffs Daniel Plant,

Case No.:

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

\

Page 2: Cunning Ham Complaint

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.

9

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.

24

25

Second A) .uided Complaint

Page 3: Cunning Ham 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

Page 4: Cunning Ham 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

below.25

Second Amended Complaint

Page 5: Cunning Ham 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

3

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

4

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

12 Cunningham.

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

Page 6: Cunning Ham 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

3 Cunningham.

4(Trustee-Beneficiary Relationship)

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.

9

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

21

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.

25

Second Amended Complaint

Page 7: Cunning Ham 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

Trustee-Beneficiary.

6Pastor/Penitent Relationship

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

9

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

25

Second Amended Complaint

Page 8: Cunning Ham Complaint

1 families emotionally and physically and to only receive advice, counsel and teaching from

2 Cunningham.

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

9

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

activities.

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,

8

Second Amended Complaint

Page 9: Cunning Ham 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

15 relationship.

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 .

20FACTUAL BACKGROUND

21

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.

Page 10: Cunning Ham Complaint

1 Rajendar was an elder at the time and saw and complained of the following (See

2 Exhibit # 4 - R e d Flags)

Red 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

going on.10

• Solid families are leaving the Church and no one knows why or isfearful of questioning it.

19It's difficult to leave the Church.

20

21

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

10

Page 11: Cunning Ham Complaint

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

4relationship detriment.

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.

9

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,

11

Page 12: Cunning Ham Complaint

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.

19

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

12

Page 13: Cunning Ham Complaint

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

9

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

13

Page 14: Cunning Ham Complaint

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,

trustee/beneficiary 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.

25

14

Page 15: Cunning Ham Complaint

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.

22

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

25

15

Page 16: Cunning Ham Complaint

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

9

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

16

Page 17: Cunning Ham Complaint

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

9

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

22

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

25

17

Page 18: Cunning Ham Complaint

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

22

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

25

18

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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

21

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

19

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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

9

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

20

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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

9

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

13 him.

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

21

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

25

21

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1 "Carmazzi must honor a person because God honor's that person, not because of that

2 person."

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

9

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:"

21

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;

22

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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

21effect

22

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

23

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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

9

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

24

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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

9

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.

22

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

25

25

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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."

9

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,

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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

22

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

25 lives.

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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

7$50,000.00.

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

25

28

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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).

25

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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.

9

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

meetings.

16

17

18

19

20

21

22

23

24

25

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.

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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

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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. \

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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.

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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

8life.

9

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

19counsel.

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.

25

34

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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.

9

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.

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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

4been dispensed.

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

9

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

15 families.

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

21

questioned what Cunningham taught. This love and abandonment created a

_- dangerous set of actions which caused all Plaintiffs emotional and financial

24 harm.

25 FIRST CAUSE OF ACTIONPromissory Fraud

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1 (Against Defendants CUNNINGHAM,RADIANT LIFE CHURCH and DOES 1 through 25)

2

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.

9

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,

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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

4encumbrances.

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

9

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

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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,

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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

detriment.

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

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1 RLC did condone such a relationship as they benefited from the fraudulent

2 reliance.

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.

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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.

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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

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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

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Plaintiffs are somehow to blame for all of the failed representations, promises,

and assurances made by Defendants as described herein.

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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.

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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

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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

7Defendants..

8158. As a proximate result of these misrepresentations, Michalak, Carmazzi and Plant have

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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

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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.

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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

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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

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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.

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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

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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.

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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

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Carmazzi.

,, 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

18themselves..

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

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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.

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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

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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

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SOMA, Pastoral teachings, Spiritual Parenting and a committed covenant

relationship which sought to destroy the Michalak marriage and ruin Matt

24 Michalak.

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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

21employee, Cunningham.

22179. Plaintiffs allege based on information and belief that RCL Board of Elders had

23

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

Page 49: Cunning Ham Complaint

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

17misrepresentation..

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:

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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

to SOMA.

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

22

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

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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

members.

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.

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Page 52: Cunning Ham Complaint

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;

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Page 53: Cunning Ham Complaint

1

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3 By The Law Office of David Asch

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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

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EXHIBIT # 1

Stipulation RE: New Complaint Statuteof Limitations and Discovery

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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,

Plaintiffs,

v.

RADIANT LIFE CHURCH; TONYCUNNINGHAM; and DOES 1-100,

Defendants.

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-

00026582.

1STIPULATION RE: NEW COMPLAINT, STATUTE OF LIMITATIONS AND DISCOVERY

I \clicnt\Plant\Pteading\Stipulatioo re-new complatnt.doc

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(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

complaint")

(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

12,2008.

(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

plaintiffs herein.

(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

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(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'

3

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

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EXHIBIT # 2

November 28th, 2009 email fromChurch of God..

Page 59: Cunning Ham Complaint

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

Original MessageFrom: David Asch, Esq. [mailto:[email protected]]Sent: Friday, November 27, 2009 7:56 PMTo: [email protected]: Church of God

Dear Sir/Madam;

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

Page 60: Cunning Ham Complaint

EXHIBIT # 3

Matt and Sarah Michalak Time Line

Page 61: Cunning Ham Complaint

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

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-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.

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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.

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.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.

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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.

2009

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.

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EXHIBIT # 4

Red Flags 1997

By Debbie Rajendar

Page 67: Cunning Ham Complaint

Red Flags

• 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.

Page 68: Cunning Ham Complaint

EXHIBIT # 5

Carmazzi Position Offering

Page 69: Cunning Ham Complaint

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

ACTIO1PRIORITIES

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

Tony Cunningham

ion Offering

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

Church/Communityerbs 3

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.

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EXHIBIT # 6

Carmazzi Loan to Cunningham

Page 71: Cunning Ham Complaint

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

interet

<Cony Cunningham

Date:

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.

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April 1,2005

Greetinus Tony.

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.

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EXHIBIT # 7

Pastor Losey letter to Carmazzi

Page 74: Cunning Ham Complaint

Dear James,

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.

David Losey