1 TIMOTHY L. NEUFELD, State Bar N~~ d YURIKO M. SHIKAI, State Bar No. 2i,2232 · 2 NEUFELD MARKS PR 2 4 2015 A Professional Corporation 3 315 W. 9th Street, Suite 501 PiJingW;ndow Los Angeles; California 90015 4 Telephone: (213) 625-2625 Facsimile: (213) 625-2650
5 Attorneys for Plaintiffs 6 Pius Okafor and Christopher Ikeanyi 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
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PIUS OKAFOR, an individual and a member 11 of Anambra State Association USA; and CHRISTOPHER IKEANYI, an individual and 12 a member of Anambra State Association USA,
Case No. BC497264
13
Hon. Rafael A. Ongkeko, Dept. 73
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Plaintiffs, Action Filed: Trial Date:
14 vs.
15 DR. ALLISON ANADI, an individual;
16 JONATHAN OKAFOR, an individual; OLISA ORAELOSI, an individual;
17 VICTOR NWANSO, an individual; and DOES 1 through 50, inclusive,
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[ER,OPOSED] JUDGMENT
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Defendants,
19 20 and
21 ANAMBRA STATE ASSOCIATION USA, 22
a California Nonprofit Public Benefit Corporation,
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Nominal Defendant.
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JUDGMENT
December 11, 2012 August 11-12, 2014
1
The above-entitled action came on regularly for trial on August 11 and 12, 2014, in
2 Department 73 of the above-entitled court, the Honorable Rafael A. Ongkeko presiding without a
3 jury. Timothy L. Neufeld and Yuriko M. Shikai of Neufeld Marks appeared as counsel for plaintiffs 4 Pius Okafor and Christopher Ikeanyi (collectively, "Plaintiffs"). George E. Omoko of the Law 5 Offices of George E. Omoko appeared as counsel for defendants Dr. Allison Anadi, Jonathan 6 Okafor, Olisa Oraelosi, Victor Nwanso, and nominal defendant Anambra State Association USA. 7
Evidence, both oral and documentary, having been presented by both parties, the cause
8 having been argued and submitted for decision, and a statement of decision having been filed and 9 issued by the Court, 10
NOW, THEREFORE, IT IS ADJUDGED, ORDERED, AND DECREED that:
11
1.
Judgment on all causes of action in the Complaint of plaintiffs Pius Okafor and
12 Christopher Ikeanyi (collectively, "Plaintiffs") is entered in favor of Plaintiffs and against 13 individual defendants Dr. Allison Anadi, Jonathan Okafor, Olisa Oraelosi, and Victor Nwanso, as 14 follows:
15
a.
On the First Cause of Action for Enforcement of Corporate By-Laws, that the
16 By-Laws of nominal defendant Anambra State Association USA ("ASA-USA") are to be followed 17 and enforced, and that ASA-USA take all steps required to elect a Board of Directors in accordance 18 with the By-Laws and California law; that defendants Dr. Allison Anadi, Jonathan Okafor, Olisa 19 Oraelosi, and Victor Nwanso have vacated the "National" offices they purport to hold, that they are 20 no longer permitted to make any decisions or to take any action on behalf of ASA-USA, and that 21 they are no longer entitled to maintain control of the books, records, financial accounts and other 22 materials necessary to manage ASA-USA;
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b.
On the Second Cause of Action for Enforcement of Inspection Rights, that
24 the books, records, and other materials of ASA-USA be turned over to Plaintiffs;
c.
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On the Third Cause of Action for Declaratory Relief, declaratory judgment
26 be entered that the By-Laws are ASA-USA's lawful governing documents; that defendants 27 Dr. Allison Anadi, Jonathan Okafor, Olisa Oraelosi, and Victor Nwanso, are not lawful or 28 authorized representatives of ASA-USA, that they are not directors or officers of ASA-USA, that 207736.1
1 JUDGMENT
1 they hold no other office of position with ASA-USA, and that they are not permitted to make
2 decisions or take actions on behalf of ASA-USA; that ASA-USA is to immediately notice and hold a 3 meeting of ASA-USA's members for the purpose of conducting a valid election of directors in 4
accordance with the By-Laws and California law; and that the By-Laws are to be followed and
5
enforced.
d.
6
On the F.o urth Cause of Action for Preliminary and Permanent Injunction,
7 defendants Dr. Allison Anadi, Jonathan Okafor, Olisa Oraelosi, and Victor Nwanso are permanently 8 enjoined from acting, or purporting to act, as officers or directors of ASA-USA; making any 9 decisions or taking any action on behalf of ASA-USA; maintaining control of the books, records, l/)
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11 of any ASA-USA monies, property or assets for any purpose; engaging in any further violations of
12 the By-Laws and California law in all regards in connection with ASA-USA; and interfering with
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10 financial accounts and other materials necessary to manage ASA-USA; using or authorizing the use
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13 the lawful operation of ASA-USA in accordance with its By-Laws by its board of directors, to be 14 duly elected in accordance with the By-Laws and California law.
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e.
On the Fifth Cause of Action for Conversion and improper corporate
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16 distributions, damages awarded to, and to be paid to, nominal defendant ASA-USA, as follows: 17
i.
Against Dr. Allison Anadi in the amount of$81,502.00;
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11.
Against Olisa Oraelosi in the amount of $47,494.00;
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111.
Against Jonathan Okafor in the amount of $1,800.00; and
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iv.
Against Victor Nwanso in the amount of $1,362.00.
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2.
Plaintiffs shall recover their costs, including any statutory attorneys' fees, from
22 defendants Dr. Allison Anadi, Jonathan Okafor, Olisa Oraelosi, and Victor Nwanso, jointly and 23 severally, in the amount of _ _ _ _ _ _ _ _ _ __ 24 DATED: 25
MAY 1 5 2015, 2015
RAFAEL A. ONGKEKO, JUDGE
26 Hon. Rafael A. Ongkeko Judge of the Superior Court
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28 207736.1
2 JUDGMENT
PROOF OF SERVICE
1
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 315 W. 9th · 4 Street, Suite 501, Los Angeles, CA 90015.
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On April 24, 2015, I served true copies of the following document(s) described as [PROPOSED] JUDGMENT on the interested parties in this action as follows:
6 George Omoko, Esq. LAW OFFICES OF GEORGE E. OMOKO 3255 Wilshire Blvd Ste 1220 Los Angeles, CA 90010 Telephone: (213) 487-0190 Facsimile: (213) 487-7415 Email: emilondon@yahoo.com
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12 persons at the addresses listed in the Service List and placed the envelope for collection and
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Attornev for Defendants
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BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
mailing, following our ordinary business practices. I am readily familiar with Neufeld Marks's
13 practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of
14 business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 15
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
16 Executed on April 24, 2015, at Los Angeles, California.
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PROOF OF SERVICE