Case Number: CV2024-032692 / Daniel Shabra vs. Titan Capital Holdings, LLC SUMMONSJoel E Sannes 1138 N. Alma School Rd Ste 101 Mesa, AZ 85201 (480)461-5373 nlb@udallshumway.com Lawyer's Bar Number: 015999, Issuing State: AZ SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY Daniel Shabra Plaintiff v. Titan Capital Holdings, LLC Defendant WARNING: This is an official document from the court that affects your rights. Read this carefully. If you do not understand it, contact a lawyer for help. FROM THE STATE OF ARIZONA TO: Titan Capital Holdings, LLC 1. A lawsuit has been filed against you. A copy of the lawsuit and other court papers are served on you with this "Summons". 2. If you do not want a judgment or order taken against you without your input, you must file an "Answer" or a "Response" in writing with the court and pay the filing fee. If you do not file an "Answer" or "Response" the other party may be given the relief requested in his/her Petition or Complaint. To file your "Answer" or "Response" take, or send, the "Answer" or "Response" to Clerk of the Superior Court, or electronically file your Answer through one of Arizona's approved electronic filing systems at http://www.azcourts.gov/efilinginformation. Mail a copy of your "Response" or "Answer" to the other party at the address listed on the top of this Summons. Note: If you do not file electronically you will not have electronic access to the document in this case. 3. If this "Summons" and the other court papers were served on you by a registered process server or the Sheriff, within the State of Arizona, your "Response" or "Answer" must be filed within TWENTY (20) CALENDAR DAYS from the date you were served, not counting the day you were served. If this "Summons" and the other papers were served on you by a registered process server or the Sheriff outside the State of Arizona, your Response must be filed within THIRTY (30) CALENDAR DAYS from the date you were served, not counting the day you were served. Service by a registered process server or the Sheriff is complete when made. Service by Publication is complete thirty (30) days after the date of the first publication. 4. You can get a copy of the court papers filed in this case from the Petitioner at the address at the top of this paper, or from the Clerk of the Superior Court. 5. Requests for reasonable accommodation for persons with disabilities must be made to the office of the judge or commissioner assigned to the case, at least ten (10) judicial days before your scheduled court date. 6. Requests for an interpreter for persons with limited English proficiency must be made to the office of the judge or commissioner assigned to the case at least ten (10) judicial days in advance of your scheduled court date. SIGNED AND SEALED this Date: November 14, 2024 JEFF FINE Clerk of Superior Court By: C. NASUI Deputy Clerk Requests for an interpreter for persons with limited English proficiency must be made to the division assigned to the case by the party needing the interpreter and/or translator or his/her counsel at least ten (10) judicial days in advance of a scheduled court proceeding. If you would like legal advice from a lawyer, contact Lawyer Referral Service at 602-257-4434 or https://maricopabar.org. Sponsored by the Maricopa County Bar Association. NO. CV2024-032692 / DANIEL L. SHABRA vs. TITAN CAPITAL HOLDINGS, LLC COMPLAINT (Quiet Title) UDALL SHUMWAY 1138 NORTH ALMA SCHOOL ROAD, SUITE 101 MESA, ARIZONA 85201 Telephone: 480.461.5300 | Fax: 480.833.9392 Joel E. Sannes (SBN 015999) jes@udallshumway.com Danielle K. Olson (034317) dko@udallshumway.com docket@udallshumway.com Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA DANIEL L. SHABRA, an Arizona resident Plaintiffs, vs. TITAN CAPITAL HOLDINGS, LLC, a dissolved Nevada foreign limited liability company, Defendants. For their Complaint to quiet title pursuant to A.R.S. § 12-1101 et seq., against the abovenamed Defendants, Plaintiffs Daniel L. Shabra ("Shabra") and LASPO, LLC ("LASPO") allege as follows: PARTIES, JURISDICTION AND VENUE 1. This action involves real property located in Maricopa County, Arizona, with an address of 1107 W. Osborn, Unit 118, Phoenix, AZ 85013; Maricopa County Assessor Parcel Number 1110-28-068 (the "Property"). 2. The legal description of the Property is: All that certain piece or parcel of land situated in the County of Maricopa, State of Arizona being described as follows: Unit 118, Nonpariel Condominiums, as set forth in Declaration of Condominium records in document No 2004-0527724 and as per plat recorded in Book 685 of Maps, page 21, records of Maricopa County Arizona; Together with an undivided interest in and to the common elements as set forth in said Declaration and as designated on said plat. 3. Plaintiff Daniel L. Shabra ("Shabra") is a single man residing in Maricopa County, Arizona. 4. Defendant Titan Capital Holdings, LLC ("Titan Capital™) was, at all times relevant to the actions alleged in this complaint, a Nevada limited liability company, authorized to conduct business in the State of Arizona. 5. Upon information and belief Titan has been dissolved with its assets turned over to and distributed by a receiver. 6. This matter arises out of contract, and Plaintiff is entitled to an award of his attorneys' fees and taxable costs pursuant to A.R.S. §§ 12-341 and 12-341.01. GENERAL ALLEGATIONS 7. Plaintiff restates the allegations in paragraphs 1 through 6 as if fully set forth herein. 8. On or about February 27, 2014, Titan Capital recorded a Deed of Trust (the "2014 Deed of Trust") encumbering the Property, Maricopa County Recorder No. 2014-0127394. Shabra was the Trustor of the Deed of Trust. 9. On or about February 1, 2016, a Verified Application for Judicial Supervision of Winding Down after Dissolution of Limited Liability Companies and for Appointment of Receiver ("Receivership Petition matter") was filed in the Superior Court of Maricopa County, Case No. CV2016-004477, which Receivership Petition included a petition for a Receiver to be appointed for Titan Capital. 10. On or about February 1, 2016, the court appointed a receiver in the Receivership Petition matter. 11. On or about November 19, 2018, the court signed Order Re: Petition No. 47 in the Receivership Petition matter approving Shabra's investor claim against Titan Capital in the amount of $78,627.70. 12. On or about November 9, 2019, the court signed Order Re: Petition No. 50 in the Receivership Petition matter approving the Receiver's application to pay Shabra the amount of $1,835.57. Order Re: Petition No. 50 also declared the Receivership Petition matter terminated. 13. On or about May 6, 2022, Titan Capital filed with the Arizona Corporation Commission a cancellation of its authority to transact business in Arizona. 14. Titan Capital's cancellation of its authority to transact business in Arizona provided, "This Statement of Foreign LLC Withdrawal of Registration does not terminate the authority of the Arizona Corporation Commission to accept service on behalf of the foreign limited liability company with respect to causes of action arising out of the transaction of business in Arizona." 15. On or after September 30, 2016, Titan Capital's charter as a limited liability company in Nevada was revoked. 16. On or about January 16, 2019, the Receiver, acting under authority granted the Receiver in the Receivership Petition matter, consented to entry of a Cease and Desist Order brought against Titan Capital, and others, in Arizona Corporation Commission case number S- 21054A-18-0301 in which the Receiver admitted certain findings of fact and conclusions of law, including that "the Receiver was able to liquidate assets of Titan Capital" in the Receivership Petition matter. 17. Shabra performed all of his obligations to Titan Capital under the promissory note that the 2014 Deed of Trust secured. 18. In the Receivership Petition matter, Shabra was determined to be a creditor of Titan Capital, and the Receivership Petition matter was closed without any claim that Shabra had any outstanding debts or obligations to Titan Capital. 19. Despite having performed all of his obligations to Titan Capital under the promissory note that the 2014 Deed of Trust secured, and despite Titan Capital's assets having been marshalled in the Receivership Petition matter without any claim that Shabra had any outstanding debts or obligations to Titan Capital, the 2014 Deed of Trust has not been released. COMPLAINT: QUIET TITLE 20. Plaintiff restates the allegations in paragraphs 1 through 17 as if fully set forth herein. 21. By virtue of the recorded 2014 Deed of Trust, Titan Capital claims or may claim to have an interest in the Property that is adverse to Shabra's interest in the Property. 22. Because Shabra performed all of his obligations to Titan Capital under the promissory note that the 2014 Deed of Trust secured and because Titan Capital's assets were marshalled in the Receivership Petition matter without any without any claim that Shabra had any outstanding debts or obligations to Titan Capital, Titan Capital has no legal right or interest in the Property. 23. Shabra is entitled to Judgment that Titan Capital has no legal right or interest in the Property. WHEREFORE, Plaintiffs prays for this Court's order: A. Quieting title in the Property to Plaintiff Daniel L. Shabra pursuant to A.R.S. § 12-1101et seq against any and all claims Titan Capital has or may have, legal or equitable, in the Property; B. Barring and forever estopping Titan Capital from having or claiming any right or title in the Property; C. Awarding Plaintiffs their costs and reasonable attorneys' fees incurred and expended herein; D. Awarding Plaintiffs such other and further relief as the Court deems just and proper. DATED this 14th day of November, 2024. UDALL SHUMWAY PLC By: /s/ Joel E. Sannes Joel E. Sannes 1138 North Alma School Road, Suite 101 Mesa, Arizona 85201 Attorneys for Plaintiff 4003483 11/29, 12/6, 12/13, 12/20, 2024 editions Arizona Capitol Times