Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 1 of 28 Page ID #:353

POLlCY NUMBER: TCRB0132-01 COMMERCIAL GENERAL !.IABILlT'{

INSURED: Alwindor Manufacturing

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,

ADDrTIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS (FORM 8)

This endorsement modi{ies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE:

Name 01 Person or Organization:

Van I>llelc 1ll'\,clopmenl'CorIWI'atinn lind ('or'oml 881Af XIX, Ltc!.

(Ii no entry appears above, information required 10 complele thIs endorsement wiJi be shown in
the Declarations as applicable to this enciorsement )
WHO IS AN INSURED (Section IIj is amended to inc.lude as an insured the person or
organization shown in the Schedule. but only with re!;pect to liability arising out of "your work" .
for that insured by or for you. .

If you are required by the terms of an "insured contract" t.o provide primary insurance to any
insured included by virtue of this endorsement. then this insurance shall be primary. but only
with respect 10 liability arising oul 01 ".~/our work" for thai insured by you or for you. Any other
insurance available to thaI insured will apply as excess and will not contribute towards primary
insurance afforded by the piovisions of this endorsement.

CG 20 10 11 85 C~pynght. Insurance Services Office, Inc.: 1984

Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 2 of 28 Page ID #:354

EXHIBITH
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 3 of 28 Page ID #:355

'.
'.. lPUIk~fY)
CLA YTON M. ANDERSON (SB #0699&8) SUPE~IOR C~11RT o~ CALIFORNI~
"OUNll OF RIVERSIDE
'TI..LlAM M. SlCKlNGER, (SB#181328)
2 ANDERSON & KRIGER NOV 12 20D9
2155 Chicago Avenue, Suite 300
3 Riverside, CA 92507
Tel: (951) 787-7146 / Fax: (951) 787-7168 ~-.--------
4
Attomeys for Plaintiffs
5
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA

7 IN AND FOR THE COUNTY OFruVERSIDE

_/
--~.
8
9 MZI SABA, MAHA SABA, SHELIA ) CASE NO. RlC 525469
COUNTEE. MARVIN DAVIS, KERRY )
10 SMITH. SUSAN SMITH, JAMES ) DOE AMENDMENT TO COMPLAINT
WILLIAMS, STEPHANIE WILLIAMS, EllA ) FOR CONSTRUCTION DEFECTS
11 BELLO, HUMBERTO BELLO. EDWIN )
PALMER, DEBORAH PAIlvffiR, ROGEUO ) 1. Strict Liability;
12 CHA VEZ, RENEE' eHAVEZ, Individuals. ) 2. Strict Products Liability;
) 4. Neg1igence~
13 Plaintiffs, ) 5. Negligence Per Se.
)
14 s. )
)
15 CORONA FULLERTON, LLC, a California )
Limited Liability Company; BLACKlvlON )
16 HOMES, lNC., a California Corporation; and )
DOES 1 through tOO, Inclusive. )
17 1 - 100, inclusive. )
)
18 Defendants )
)
19 AND RELATED CROSS-ACTIONS )
)
20
21 Upon filing the Complaint in the above-entitled action. Plaintiffs, RAMZI SABA,
22 et al., being ignorant ofthe true name of defendants, and having designated them in the Complaint
23 by the fictitious names of DOE I through DOE 100, and having discovered the true name of each

24 efendant to be:

25 DOE NO. 1 - CORONA 88lAF XIX, LTD., A California Limited Pa,"tIlership

26 DOE NO. 2 - (van Dae1e Development ColJ'Omtion, A Califomia Co1JlOration ~

27

28
DOE AMENDMENT TO COMPLAINT FOR CONSTRUCTION DEFECTS
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 4 of 28 Page ID #:356

, ..
Plaintiffs hereby amend their Complaint by insening such true names in place of such
2 fictitious names wherever they appear in said Complaint.
3 DATED: November /2.-,2009 ANDERSON & KRIGER

5 By: ~ac. ~t«&"~

WILLIAM M. SICKINGER, Esq.
6 Attorneys for Plaintiffs

7
8
9

10

11

12

13
14

IS
16
17
18
19

20
21
22
23
24
25

26
27

28
DOE AMENDMENT TO COMPLAINT FOR CONSTRUCTION DEFECTS
2
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 5 of 28 Page ID #:357

SUPERlOR COURT OF CALIFORNIA

COUNTY OF RIVERSIDE
2
CASE TITLE: SABA. et al. v. CORONA FULLERTON, LLC et at.
3 CASE NO: ruc 525469
4 Clayton M. Anderson, Esq.
William M. Sickinger, Esq.
5 ANDERSON & KRIGER
2155 Chicago Avenue, Suite 300
6 Riverside, CA 92507

7 DECLARATION OF SERVICE
(e.c.p. §§ )013; 1013a; 2015.5)
8
I, the undersigned, declare that: 1 am, and was a1 the time of service of the papers herein
9 refened to, over the age of eighteen years, and not a party to the action;· and I am employed in the
County of Riverside, State of California, within which county the subject mailing occurred. My
10 business address is 2155 Chicago Avenue, Suite 300, Riverside, CA 92507.
1] On No,'ember 12, 2009, J served a copy of the following docUments descri.bed as: DOE
AMENDMENT TO COMPLAINT FOR CONSTRUCTION DEFECTS on the interested parties
12 in this action as follows:

BY MAIL: I am readily familiar with this finn's practice of collecting and processing
documents for mailing, whereby each such item is sealed and deposited, with full postage
thereon, v.~th the U.S. Postal Service, at Riverside, California, in the same day in the ordinary
course of business.
BY PERSONAL SERVICE: J personally served such document(s) by hand to the office(s)
of the addressee(s) on the attached service list. .
BY FACSIMILE TRANSMISSION: 1transmitted said document(s) on the addressee(s) via
facsimile number (951) 787-7168 on the addressee(s) according to the. attached service list.
BY FEDERAL EXPRESS: JamreadilyfamiHarwiththet.'lJ.is firm's practice of collecting
and processing Federal Express mailings, whereby each such item is sealed in a Federal .
Express envelope and marked for overnight delive1)', with fees provided for, processed that
same day, either by deposit at Ri verside, California in a Federal Express box of other facility
regularly maintained by Federal Express, or delivered to an authorized courier of Fe~eral
Express.
STATE: I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
FEDERAL I declare that I am employed in the office ofamember of the bar of this Court
at whose direction the service was made.

: Executed on November 12, 2009, at Riverside, ~

27

28

. PROOF OF SERVICE (Rev. 11-11-09)

Case 5:10-cv-00956-VAP-JEM Document 1-2
.
Filed 06/28/10 Page 6 of 28 Page ID #:358
.
1 SAl!Al et a1. v. CORONA FULLERTO~I LLC. et al.
CASE NO: RIC 525469
SERVICE LIST
3 Davjd H. Pierce, Esq. Mark J. Skapik. Esq.
Sarah Jane Robinson, Esq. Gina Bazaz., Esq.
PIERCE & WEISS, LLP LAW OFFICE OFMARKJ. SKAPIK,APC
6300 Wilshire Blvd., Suite J890 250 West First Street, Suite 330
5 Los Angeles, CA 90048 Claremont, CA 9]71 J
E-mail: srobinson@.Eierceweiss.com J3..mail; gbaza.z@skapikJaw.com
6 Tel: (323) 655-3099 Tel: . (909) 398-4404
Fax: (323) 655-3599 Fax: (909) 398-1883
7 Attorneys for Defendants/Cross- Attorneys for Cross-Defendants. R.J. HORTON
Complainants/Cross-Defendants, BLACKMON CONSTRUCTION SUPPLY, INC.
8 HOMES, INC. and CORONA FULLERTON, (erroneously sued here in as RJ BORTON
LLC. CONSTRUCTION); HY-TECH TILE, INC.
9
)0 Timothy N. Thompson, Esq. Robert Grosfeld, Esq.
LAW OFFICES OF TIMOTHY N. Timothy S. Dobrenen, Esq.
11 THO:MPSON JEFFERY &. GROSFELD, LLP
6745 South Washington Avenue, #330 725 TO'wn & Country Road, Suite 31 0
12 Whittier, CA 90601 Orange, CA 92868
Tel: (562) 696·9284 Tel: (714) 547-2700
l3 Fax: (562) 789·5529 Fax: (714) 547-2722
Attorneys forCross~Defendant, DEL MAR A:ttollieys fOJ Closs-Defendant. FIBER CARE
14 PLASTERING, INC., a California BAmB, INC.; Associate Counsel for Cross-
corporation Defendant, EXCEL CABINETS, INC.
]5
Charles N. Saatjian, Esq. Craig J. Silver, Esq.
16 Pamela A. Brown, Esq.
LAW OFFICES OF KEVIN PEGAN
One Mac Arthur Place, Suite 310 LAW OFFICES OF CRAIG J. SILVER
17 20201 S.w. Birch Street, Suite 200
Santa Ana.. CA 92707
Tel: (714) 436-3292 Newport Beach, CA 92660
18 Tel: (949) 222-0505
Fax: (866) 772·5290
Attorneys for Cross-Defendants, EXCEL Fax: (949) 222·0755
19 E--mail: csilver@locjs,com
CABINETS, INC.; INTERIOR
SPECIALISTS, INC. dba FASHION CRAFT Attorneys for Cross-Defendant, FENCEWORKS,
20 INC. dbn GOLDEN STATE FENCE
FLOORS, INC. (erroneously sued herem as
FASmON CRAFf FLOORS, INC.); JOHN COMPANY (erroneouslv sued and served
21 herein as GOLDEN STATE FENCING, INC.)
PULLIAM MASONRY
22 T. Darren Barker, Esq. Steven R. Odell, Esq.
MICHELMAN & ROBINSON, LLP David P. Reid, Esq.
23 4 Hutton Centre Drive, Suite 300 SUSSON, P ARRETI' & ODELL
Santa Ana, CA 92707 18201 Von Kaman Avenue: Suite 1020
24 Tel: (714) 557-7990 Irvine, CA 92612-.1000
Fax: (714) 557-7991 Tel: (949) 475~4065
25 Associate Counsel for Cross-Defendant, DEL Fax: (949) 4'JS-4071
MAR PLASTERING, INC. Attorneys for Cross-Defendant, LEE STONE'S
26 PLUMBING (erroneously sued herein as LEE
STONE, ah individual dba LEE STONE
27 PLUMBING)
28

PROOF OF SERVICE

I
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 7 of 28 Page ID #:359
.

J SABA, et al. v. CORQNA FULLERTON I LLCs et al.

CASE NO: RIC 525469
2
SERVICE LIST
3 Oi!l id E. Dr iseoll, Esq. Keith G. Bremer, Esq.
Ni:mri::: .."'tll ingdale, Esq. Monique R. Donavan, Esq.
4 BRiSeSbb &: *:SSeCb\:HS BREMER. WHYTE, BROWN & O'MEARA,
6969 Magnolia A.enlle, Snitt ] 61 LLP
5 Ri vorside, CA 92596 20320 S.W. Birch Street, Second Floor
Tel. (95 1) 369-6695 Newport Beach l CA 92660
6 Fax: (951) 369-98049 E-maiJ: kbl·emer@bre!!lerandwh~te.com
Associate Counsel fOJ 6.oss-Defendalit; E-mail; mdonav8n@bremersndwhvte.com
7 EXCEL CABINa'S, INC. Te); (949)221-1000
Fax.: (949) 221-1001
8 Attorneys for Cross-DefendantJCross-
Complainant, PPT , INC. dba SPECIALTY
9 SALES & SERVICES, INC.
10 Christopher P. Regan, Esq. Thomas L. Wilson, &q:-
MARSHALL, FRENCH & DeGRAVE Bin U. lE:oUias. ~q.
11 2030 M.ain Street, Suite 600 PWO, HAbBREICH, MAR'Fl:N, 'n'fLSON &
lrvineJ CA 92614 l'\:MS,:bbP
12 Tel: (949) 222-2930 535 AmoLi Bhd., Saite sea
Fax: (949) 222-2940 Costa MeSrtJ CA 92:626
13 Attorneys for Cross-Defendants, ALWINDOR Tel. OJ .. ) 619·2266
MFG., INC.; FIBER CARE BATHS, INC. falC. fti4, 6i9"zza9
14 Attolneys for €1oss·Scfendant, ofalIN
PUI:d:dAilf MASeNR-"i, ell oneoasl, sued
IS bereisk 1\$ d9HN :hbbEN PBfLb\M, all .
iudhiduad doing busillcss as PULLiAM
]6 M*SeNR7t

17 Brian C. Dunn, Esq. Timothy M. McMahon, Esq.

DEMLER, ARMSTRONG & ROWLAND, Suzanne E. Green, Esq.
18 LLP McMAHON LAW FIRM, INC.
4500 E. Pacific Coast Highway. Fourth Floor 980 Montecito Drive, Suite 208
19 Long Beach, CA 90804·3298 Coronllt CA 92879
Tel: (562) 597·0029 Tei: (951) 37]·6868
20 Fax: (562) 494-3958 Fax: (951) 371·8187
CD Fax: (562) 597·5381 Attorneys for Cross·Defendant, CARL
~l
Attorneys for Cross-Defendant, SPECIALTY FREDERICK NEUGEBAUER, all indh'idual
CONCRETE, INC., a California corporation dba NEUGEBAUER AND ASSOClA TES
22 Jeffrey S. Kramer, Esq. Wallace W. Hammons, Esq.
Monica A. Blut., Esq. Shannon M. Deaver, Esq.
23 KRAME~ DeBOER, ENDELlCATO & HAMMONS & BALDINO, LLP
KEANE 2601 Airport Drive, Suite 105
24 21860 Burbank Blvd., Suite 370 Ton-Mee, CA 90505
Woodland Hills, CA 91367 Tel: (310) 606-5400
2S E-mail: jkramer@kdeklaw.com Fax.: (3] 0) 606·5401
E~mai!: mblut@kdekI8w.com Attorneys for Cross-Defendant, AQUA GLASS
26 Tel: (818) 657-0255 CORPORATION (erroneously sued hereill as
Fax: (818) 657·0256 AQUA GLASS, INC.)
27 Attorneys for Cross-DefendantJ DANNY
STEVENS, an individuaJ dba STEVENS
28 CONSTRUCTION

PROOF OF SERVICE
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 8 of 28 Page ID #:360

SABA. et at. v. CORONA FULLERTON, LLC, et a1.

CASE NO: RIC 525469
SERVICE LIST
3 David E. Driscoll, Esq.
Nina L. Arringdale, Esq.
4 LEWIS, BRISBOIS, BISGAARD & SMITH.
LLP
5 650 East Hospitality Lane, Suite 600
San Bernardino, CA 92408
6 Tel: (909) 387-1130
Fax: (909) 387-1138
7 Associaie Counsel for Cross-Defendant,
EXCEL CABINETS, INC.
8
9

10
11
12

13
]4
15
16
17

18
19

20
21

22
23

24
25
26
27
28

PROOF OF SERVJCE
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 9 of 28 Page ID #:361

~UA~MONS SUM·100
(CI. C, VJUDICIAL) FOR COIIRT USE ONLY
(SOLO PARA USC DE u. CORTE}
NOTICE TO DEFENDANT:
fA VISO AL DEMANDADOJ:
CORONA FULLERTON, LLC, a California Limited Liability Company;
BLACKMON HOMES, INC., a California Corpordtion; and bOES J tllrougn
100, Inclusive.
lF~IL~1Q)
t.UPF.BJOR COURT OF CA.LlFORNIP,
1l(.')IJN"Y 01' RI\Il;'RSIOE

APR 30 ?b09
YOU ARE BEING SUED BY PLAINTIFF:
(LO EsrA DEMANDANDO EL DEMANDANTE): •..1. Derame
_ _ _ _ __
RAMZl SABA. ot al. (SEE AITACHMENT FOR ADDITION AL
"'~.""""'''''''II--'-~'

PLAINTIFFS) .

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a
copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be In proper 'egal form If you want the
court to hear your ease. There may be a colJrt form that you can use for your response. You can find these court forms and more
Information at the California CO\J11$ Online Self.Halp Center (www.coUrtinfo.ca.gov/seltnelp). your county law IIbraty I or the courthouse
nearest you. If you cannot pay the flUng fee. ask the court clerk for 8 fee waiver fonn. If you do not file your response on time, you may
lose the case by default, and your wages, money, and proJ)&rty may be taken wIthout further warning from the court. .
There are other legal requirements. You may want to call an attorney right away. If you do not know en attorney. you may want to clllI an
attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services
program. Vou can locate these nonprofit groups al the California Legal Services Web site (www.lawhelpcallfornla.org), the California
Courts Online Self·Help Center (www.courtlnfo.ca.gov/selfhelp). or by contacting yo~r local court or county bar aSSOCiation.
77ene 30 DIAS DE CALENDARIO despues de que Ie entreguen est. cJtsci6n y pspeJes legales para pl'ftsent.r una respuesta por escrlto
en esla corte y hllcer que se entfflgue una copls al demandsnt.. U'" carta 0 una /lsmadB telflf6nICll no 10 protegen. Su resPUestll par
eBerito tlene que "tar en formato legal correcto $; deses que procesen lill caso an Ie corte. E$ poslble que hays lin 'ormlllario que ulted
pueda usar para su respuesta. Puede encontrar estos formularios de Ja corte y mSI Informacion en el Centro de Ayuda de las Cortes de
CalffQm/a (www.r;ourtlnfD.cB.govlselfhalp!espan01l), en fa blbliotecs de leyes de liU condBdo 0 en I. corte que Ie quade mis cen:a, SI no
puede pagar 111 cuat. de presentaci6n, pin lIT secrefrlrio de Is corte que Ie tI6 un (armulario r:ItI exenc/6n de page de cuotas. SI no presenta
IU resp""ta • tiempo. puede perder.' caso por Incumpllmiento y /a corte Ie pDdr8 qultar liU sueldo, dinero y blenes sin mas advertem:la.
HIlY otros requisites I~.fes. Es recomenrSBble que lIame II un abogado Il1mediatsmente. SI no conote a un ebogado, puede Ilamar a un
seMcio de remisi6n s abOf1Bdos. Sf no puede pager I un abogado, es poslble que cumpta call los requisltO$ par. oblener salVicios
legales I1ratultos de un progl'llms da sarv/e10s I&gsl.s sin Ii"es de luem. PUede etlcontrar estes grupos sin fines de lur:ro en el slt/o web de
California Legal Services, (www.IBWhelpcBllfomf,.OI'f1J, en efCentro de Ayuda de las Cortes de california,
(www.courllnfo.CB.govlselfhe/ espanoJ/) 0 poni4ndose en contacto con /8 corte 0 eJ coleglo de abo dos locales.
The name and address of the court is:
(E1 nombrey direCGi6n de /s corte 98):
RIVERSIDE COUNTY SUPERIOR COURT
4050 Main Street
Riverside, CA 92501
Main

rSEAL)

3. [$I on behalf of (sp&clfy): b\A-tt~ 6 e. ~ ~I} J P

U 4A-1'\..\t,.-A-l,.' 'r\.,\.'1'/' fJ 0, ;L
\ ~-"i2... h \ iI1- (! l","t. • .u LY

under: c&l CCP 416.'0 {corporation} 0 CCP 416.60 (minor)

o CCP 416.20 (defunct corporation) 0 CCP 416.70 (oonservatee)
o CCP 416.40 (aSSOciation or partnership) 0 CCP 416.90 (authorized person)

Form A<IODtlC: lor Mlna,,,,", Use

4. Pc by ~o~~,e~!~~:;~~ (date): \ )- ll- 01 Pagt1of1
 Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 10 of 28 Page ID
#:362

SUM-20QfA
SHORT TITLE: RAMZI SMA, el al. v. CORONA FULLERTON, LLC, et 81. CASE NUMBER:

INSTRUCTIONS FOR USE

.... This form may be used as an attachment \0 any summons if space does not permit the listing of all parties on the summons.
... If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties
Attachment form is attached."

List additional parties (Check only one box. Use a separate page for eech type of part)'.):

[i] Plaintiff 0 Defendant D Cross-Complainant 0 Cross-Defendant

MAHA SABA, SHELIA COUNTEE, MARVIN DAVIS, KERRY SMITH, SUSAN SMITH, JAMES WILLIAMS,
STEPHANIE WILLIAMS, ELlA BELLO, HUMBERTO BELW, EDWIN PALMER, DEBORAH PALMER,
ROGELlO CHAVEZ, RENEE' CHA VEZ, Individuals.

,. __ ............·.a_ ... ·..... ·· .,

Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 11 of 28 Page ID
#:363

(Fn[b~[Q)
SUPERIOR COURT OF CALIFORNIA
LA YTON M. ANDERSON (SB #069988) COUNTY or: RIVERSIDE
lLLlAM M. SlCKINGER, (SB#J 81328)
2 NDERSON & KRIGER APR 30 2n09
J 55 Chicago Avenue, Suite 300 ...1. Dorame
3 iverside, CA 92507
el: (951) 787~7J46 Fax: (951) 787~7168
4 Attorneys for Plaintiffs

5 SUPERIOR COURT OF THE STATE OF CALIFORNIA

6 IN AND FOR THE COUNTY OF RIVERSIDE

7 RAMZI SABA, MAHA SABA,

SHELlA COUNTEE, MARVIN
)
)
CASE NO. R\C 5254 6 9
8 DAVIS, KERRY SMITH, SUSAN ) COMPLAINT FOR CONSTRUCTION
SMITH, JAMES WILLIAMS, ) DEFECTS
9 STEPHANIE WILLIAMS, ELlA )
BELLO, HUMBERTO BELLO, ) 1. Strict Liability;
10 EDWIN PALMER, DEBORAH ) 2. Strict Liability For Manufacturers of
PALMER, ROGELlO eRAVEZ, ) Products;
11 RENEE' eHAVEZ Individuals ) 3. Negligence;
) 4. Negli genee Per Se.
12 Plaintiffs, )
vs. )
13 )
CORONA FULLERTON, LLC, a )
14 California Limited Liability Company; )
BLACKMON HOMES, INC., a )
15 California Corporation; and DOES 1 )
through 100, Inclusjve. )
16 )
Defendants. )
)
17
-----------------------)
18 AND RELATED CROSS-ACTIONS )

19
---------------------)
20 I

21 IDENTIFICATION OF PARTIES
22
1. At all times herein mentioned Plaintiffs, Rarnzi and Maba Saba, was
23
and is the subsequent owners ofa single-family residence located at 1030 Nighthawk Circle, Lot
24
11, Tract 28958 03, City of Corona. County of Riverside, State of California.
w

25
26 III

27
28 r-nl\lfnl' A 1'l\.1"'" T:'I'-"Y"'IIo ...-.t.,....... ... ",...,.,,_ ...... - - - - - ... - - - - - -
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 12 of 28 Page ID
#:364

2. At all times herein mentioned Plaintiffs, Shelia Countee, were

2
and are the original owner of a single-family residence located at 2316 McMakin Drive, Lot 39,
3
Tnl'.! 28958-01, City of Corona, County of Riverside, State of California.
4
3. At alJ times herein mentioned Plaintiffs, Man,in Davis, was
5
6 and is the subsequent owner of a single-family residence located at 990 Riverview Circle, Lot 14~

7 . Tract 28958-01, City of Corona, County of Riverside, State ofCaIifomia.

8 4. At all times herein mentioned Plaintiffs, Kerry and Susan Smith, were
9
and are the original owners ofa single-family residence located at 1055 Nighthawk Circle, Lot 20,
10
Tract 28958·03, City of Corona, County of Riverside, State of California.
11
5. At all times herein mentioned Plaintiffs, James and Stephanie 'Williams, was
12
13 and is the subsequent owners ora sjngle-family residence located at 1015 Nighthawk Circle, Lot

14 24, Tract 28958-03, City of Corona, County ofRiverside,-State of California.

J5 6. At all times herein mentioned Plaintiffs, Elia and Humberfo Bello, was
16
and is the subsequent owners ofa single-family residence located at 2385 McMakin Drive, Lot 6,
]7
Tract 28958-01, City of Caron a, County of Riverside, State ofCalifomia.
18

19 7. At all times herein mentioned Plaintiffs, Edwin and Deborah Palmer, were

20 and are the original owners of a single.family residence located at 2540 Eaglerock Drive~ Lot 30,

21 Tract 28958-03, City of Corona, County of Riverside, State of California.

22
8. At all times herein mentioned Plaintiffs, Rogelio and Renee' Chavez, were
23
and are the original owners of a single--family residence located at 1090 Trailview Lane, Lot 1,
24
Tract 28958-04, City of Corona, County of Riverside, State of California.
25
26 / / I

27
28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 13 of 28 Page ID
#:365

9. The Plaintiffs are informed and believe, and based thereon allege, that
2 Defendant, CORONA FULLERTON, LLC, a California Limited Liability Company
3
(hereinafter collectively referred to as "DEFENDANT"), were and are California Corporation
4
organized and existing pursuant to the laws of the State of California and doing business in the
5
6 County of Riverside, State of California.

7 10. The Plaintiffs are infozmed and believe, and based thereon allege, that

8 Defendant, BLACKMON HOMES, INC., a California Corporation (hereinafter col1ectivCly

9 referred to as "DEFENDANT"), were and are California Corporation organized and existing
10
pursuant to the laws of the State of California and doing business in the County of Riverside, State
11
of California.
12
11. The true names or capacities, whether individual, corporate, associate, or otherwise,
13
14 of defendants named herein fictitiously as DOES 1 through 100, inclusive, are unknown to

15 Plaintiffs. Plaintiffs are infomled and believe and based thereon allege that each of the fictitiously

16 named defendants is in some way Hable to Plaintiffs for defectively constructing their homes and
J7
therefore sue said defendants by such fictitious names. Specifica]}y, but without limitation, said
18
fictitious defendants include corporations, partnerships, and individuals acting as developers, general
19
20 contractors, subcontractors, architects, engineers, and material manufacturers and/or suppliers.

21 Plaintiffs will amend this Complaint to show the true and correct names and capacities of said

22 fictitiously named defendants whell the same have been ·ascertained.

23 ]2. Defendants,' and each of them, were the agents, employees and representatives of
24
each other doing things alleged herein and in so doing were acting within the scope of their
25
respective authority and agency as such agents employees and representatives, and are jointly and
26
27 severally liable to the Plaintiffs.

28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 14 of 28 Page ID
#:366

]3. There is a well-defined community of interest in the questions of law and fact
2 involved affecting the panies to be represented. The Plaintiffs are infonned and believe, and based

3
thereon allege, that:
4
A. Defendants and DOES J through 25 were developers of mass-produced residential
5
6 housing.and subject to construction defect liability under strict liability and negligence causes of

7 action;

8 B. DOES 26-50 were manufacturers, suppliers or distributors of products andlor

9 component parts, used in the construction of the homes and subject to strict liability.
10
c. DOES 51 through 100 were contractors, sub-contractors, or professionals engaged
11
in the construction of residential housing and subject to liability under negligence.;
12
D. The soil grading reports, site grading plans, and grading operations perfonned on the
13
14 Development affect all of the homes;

15 E. The Development consisted of various models, with standard components and

16 fixtures as referenced to in this Complaint;

17
F. The construction defects complained of concern standard components for the
18
Development including, leaking roofs, Jeaking windows, showers/tubs, stucco cracks, cracks in
19
20 concrete slabs, defective plumbing and plumbing fixtures, defective HV AC units, electrical systems

2] failures, and similar type components, defective chimneys, defective fencing, and similar types of

22 components;
23 G. Defendants, have in many cases attempted repairs on the standard components
24
without success.
25
III
26
27
28 BACKGROUND FACTS
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 15 of 28 Page ID
#:367

14. The Plaintiffs are informed and believe and thereon allege thaI the Development
2 consists of approximately 153 homes and were built in approximately 2000 and are located in the
3
City of Corona, County of Riverside, State of California, including those Plaintiffs (collectively
4
referred to hereinafter as the homes). The Defendants and DOES J-IOO constructed the homes in
5
6 the Development.

7 15. The Plaintiffs homes were purchased within the last 10 years from the filing of this

8 complaint.
9 16. Within the time a]}owed under the Civil Code, Plaintiffs have become aware of
10
construction defects as alleged hereinafter.
11
17. Defendants attempted repairs on some of the defective conditions, which repairs
12
13 have tolled the statute of limitations. Developer repeatedly promised to repair the defective

14 conditions, causing Plaintiffs to deJay the filing of this lawsuit and thus Developer is equitably

15 estopped to now assert the statute of limitations as a defense.

16 FIRST CAUSE OF ACTION
17
(Strict Liability Against All Developer Defendants)
18
18. Plaintiffs realJege and incorporate by reference each and every allegation contained
19
20 in aU previous paragraphs as though fully set forth herein.

2] 19. At all times prior to the sale of the homes, the Defendants, and each of them, were

22 involved in the planning, construction, marketing, inspection, mass distribution and sale of the

23 homes to the public, or were manufacturers of component parts used in the manufacturing of homes.
24
III
25
26
20. The Defendants, and each ofthem. were and now are builders~ developers, merchants,
27
28 manufacturers, mass-producers, dealers, sellers and mass-distributors of housing to the public for
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 16 of 28 Page ID
#:368

profit. Buyers of the homes were led to and reasonably did conclude that the Defendants. and each
2 of them, were skilled in the task and effort of building, developing, manufacturing, inspecting,
3
creating, marketing, selling and distributing residential housing, or manufacturing the component
4
palts that would be used in the construction of homes.
S
21. Defendants, and each ofthem,1mew that the homes, including its various
6
7 components, would be purchased and used by the owners without sufficient inspection to detemline

8 the existence of any defects.

9 22. It was the intent of the Defendants, and each ofthem, to accomplish, and Defendants
10
eventually did accomplish, the planning, construction, marketing, inspecti-on, mass distribution and
J1
sale of homes to the public. The Plaintiffs are infonned and believe that the Defendants, and each
12
13 of them, had an interest in the outcome of the sale of the homes and the subsequent sale and

14 distribution of the homes to members of the public.

15 23. The Plaintiffs are informed and believe, and based thereon allege, that Defendants,

16 and each ofthern. knew and intended that the homes would be used as family residences, and knew
17
and intended that the various component parts as alleged in the preceding paragraphs would be
18
incorporated into the homes so that purchasers of the homes would have watertight, stable, secure,
19
20 useful and otherwise habitable dwelling residences.

2J 24. Plaintiffs are informed and believe, and based thereon aUege, that the homes have and

22 are experiencing the following construction failures and deficiencies:

23 //I
24
25
26
A. Defective windows and window installation, including window condensation, sliding
27
28 glass doors, sliding windows, and other windows, resulting in staining and/or deterioration of
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 17 of 28 Page ID
#:369

drywall, miJdew, and collection of water within the wall framing itself;
2 B. Defective, cracked and poorly installed roofing, causing leaks, structural damage,
3
moisture damage to adjacent components and building materials and potential physical harm from
4
materials falling from the roof;
5
6
c. lnadequate design of shower and bath enclosures, causing leakage and severe

7 water damage to the adjacent drywall and other building components, resulting in mold, mildew,

8 dryrot and other deterioration;

9 D. Substantial cracking of concrete slabs, exterior stucco cracking and interior
10
drywall due to continuous shifting, settling andlor expansion of surface and subgrade soils;·
)J
E. Substantial cracking and/or efflorescence of concrete driveways, walkways
12
13 and patios due to continuous shifting, settling andlor expansion of surface and subgrade soils;

14 F. Interior and exterior floor surfaces and door frames have warped and become

] 5 uneven due to shifting, settling andlor e),"pansion of surface and sub grade soils;

16 G. Defective plumbing and sinks, causing leakage, rusting and chipping of the
17
porcelain and water stains and deterioration to the drywall and other building components;
18
H. Cracked and defective ioiiets, causing leakage, rusting and chipping of the
19
porcelain and water stains to the drywall;
20

2] I. Defective bathroom and kitchen tile counter top and cabinetry installation,

22 causing cracks and gaps in the grout and tile;

23 J. Warped, water damaged garage and other exterior doors;

24
K. HV AC and electrical systems failure;
25
26
1. Defective, substandard, and improperly prepared wood surfaces including
27
28 wood trim and fencing; and,
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 18 of 28 Page ID
#:370

M. Other construction and produc1 defects, unknown at this time, that may be

2 discovered during the pendency of this action.

3
25. The Plaintiffs are infonned and believe, and based thereon allege, that other
4

5
6 interiors. The Plaintiffs are investigating the extent of these presently unknown construction

7 deficiencies and, when identified, will include them in this action by amendment or by proof at the

8 time of trial.
9 26. The constnJctlon deficiencies set forth in the preceding paragraphs continue to
10
deteriorate and to degrade, and the damages will continue in the future. Plaintiffs have also suffered
1}
damage to persona) property to an extent and in an amount to be shown according to proof at the
12
13 time of trial.

14 27. The Plaintiffs are infonned and believe, and based thereon allege, that Defendants,

] 5 and each of them, at all times herein mentioned, lmew that the homes, including the various

16 components as alleged in the preceding and following paragraphs, would be conveyed and
17
purchased for use by Plaintiffs without sufficient inspection to determine the existence of any
18
defects.
19
28. The Plaintiffs are infonned and believe, and based thereon allege, that
20
21 the construction deficiencies described in the preceding paragraphs were and are latent deficiencies

22 within the meaning of Califomia Code of Civil Procedure §337.lS. Plaintiffs, at all times herein

23 mentioned, relied on the skill of Defendants, including DOES 1 through 25, and each of them, in
24
producing homes that are reasonably fit for their intended purpose.
25
/II
26
27
28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 19 of 28 Page ID
#:371

29. The Plaintiffs have given notice to the Defendants of the construction deficiencies

2 set f0l1h in the preceding paragraphs wjthin reasonable time after discovery and on more than one
3
occasion. Defendants have failed and refused to compJetenecessary repairs and/or made inadequate
4
repairs since completion of the homes. The Defendants have assured the Plaintiffs that their
5
6 complaints were improper, that the defective conditions were. "nonna)" and not defective; or that

7 the Defendants had adequately and properly repaired and resolved the problems, thereby estopping

8 Plaintiffs from taking action prior to the filing ofthis Complaint, only shonly before which Plaintiffs

9 came to appreciate the nature and extent of these conditions.

10
30. As a result of the construction deficiencies identified in the preceding paragraphs,
11
the Plaintiffs have or will sustain damages as set forth in the prayer.
)2
SECOND CAUSE OF ACTION
13 (Strict Product Liability Against AU Defendants)
14
3] . The Plaintiffs reallege and incOlporaie by reference each and every allegation
IS
contained ill all previous paragraphs as though fully set forth berein.
16

17 32. Plaintiffs are infonned and believe, and based thereon allege that at all times herein

I 8 mentioned, Defendallts were manufacturers of finished products and component parts which were

19 placed into the stream of commerce by Defendants, including but not limited to, windows and
20
window components, bathroom and kitchen sinks, shower pans, HV AC components, fireplace
21
boxes, electrical components, and other products not presently identified. Some of the DOE
22
Defendants manufactured the products to their own plans and specifications and sold them to real
23
24 estate developers and contractors. The products were placed into the stream of commerce as alleged

25 above.

26 33. Plaintiffs are infonned and believe, and based thereon aJJege that these DOE
27
Defendants, and each ofthem, knew that the various manufactured products and components would
28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 20 of 28 Page ID
#:372

be incorporated into the construction of the development and would be purchased and used without
2
sufficient inspection to detemline the existence of any defects.
3
34. Plaintiffs are. infonned and believe, and based thereon aUege that it was the intent of
4
these Defendants, and each of them, to accomplish, and Defendants eventual1y did accomplish, the
5
6 manufacturing, supplying and distributing, mass distribution and sale of component pans. These

7 products were ultimately sold to the public upon sale of the individual home in the development.

8 35. The Plaintiffs are infom1ed and believe, that Defendants, and each ofthem, knew and

9 intended that the various component parts as alleged in the preceding paragraphs would be
10
incorporated into single family residences such as the homes in the development.
1]
36. The Plaintiffs are infonned and believe, and based thereon allege, that there may be
12
13 possibly further defective conditions associated with the components in the development which may

] 4 be discovered prior to trial and which will be the subject of further proof.

15 37. Plaintiffs are informed and believe. and based thereon allege, that the above-

16 referenced defects with the manufactured products and components have no relationship to the
]7
manner of installation or the workmanship used in installation.
18
38. The Plaintiffs are informed and believe, and based thereon allege, that the
19
20 construction deficiencies described in the preceding paragraphs were and are latent deficiencies

21 within the meaning of California Code of Civil Procedure § 337.15 in that they were not apparent

22 by reasonable inspection at the time the homes were sold, or three years prior to the filing of this

23 complaint.
24
39. The Plaintiffs are informed and believe, and based thereon allege) that the above~
25
referenced products and conditions are the result of defects in design and/or manufacture. and
26
27 assembly, or some combination of both, and that they were present when the manufactured products

28 left the control oftbe Defendants. and each of them.

Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 21 of 28 Page ID
#:373

40. As a result of the defective products and compollenrs identified in the preceding

2 paragraphs, the Plaintiffs have or will sustain damages as set forth in the prayer.
3
THIRD CAUSE OF ACTION
4 (Negligence Against All Defendants)

5 41. The Plaintiffs reallege and incorporate. by reference each and every allegation
6
contained in all previous paragraphs as though fully set forth herein.
7
42. The Defendants, and each of them, were under a duty to exercise ordinary care as
8
developers, designers, engineers andlor contractors to avoid reasopably foreseeable injury to users
9
] 0 and purchasers of the homes. The Defendants, and each of them, knew or should have foreseen

11 with reasonable certainty that said purchasers and lor users would suffer monetary and non~monetary

12 damages, as set forth herein, if said Defendants failed to perfonn their duties to cause the homes 10
]3
be constructed in a p~oper and workmanlike manner.
]4
43. The Plaintiffs are informed and believe, and based thereon allege, that the
15
Defendants, and each of them, negligently built, inspected, tested, designed, graded or otherwise
16
17 constructed the homes including soil building pads, concrete slabs, concrete foundations, windows,

18 sliding glass doors, shower and tubs, plumbing, fencing, exterior stucco and related portions of the

]9 structures.
20
44. As a result of the negligent perfonnance of their services, the Defendants, and each
21
of them, as alleged herein above, the homes have failed, become defective and been damaged.
22
45. The Plaintiffs are infonned and believe, and based thereon aUege, that the
23
24 construction deficiencies described in the preceding paragraphs were and are latent deficiencies

25 within the meaning of California Code of Civil Procedure Section 337.15. On occasion ofdiscovery

26 of construction deficiencies Plaintiffs were wrongfully persuaded by Defendants that any damage
27

28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 22 of 28 Page ID
#:374

and negligent design and construction discovered had been fully corrected-and Plaintiffs could not
2
have reasonably discovered the negligent conduct of Defendants.
3
46. As a result of the negligence of the Defendants, and each of them, as alleged herein
4
above, the Plaintiffs) have sustained and will sustain damages as alleged in the prayer.
5
FOURTH CAUSE OF ACTION
6
(Negligence Per Se Against AIJ Defendants)
7
47. The Plaintiffs reallege and incorporate by reference each and every allegation
8
contained in al1 previous paragraphs as though fuI1y set forth herein.
9

10 48. The Plaintiffs are infonned and believe, and based thereon aUege, that the

11 Defendants, and each of them, violated one or more building code regulations or ordinances in the

12 design or construction of the homes.

13
49. By the way of example and without limitation, Defendants violated certain codes
)4 I
and ordinances, as to which discovery and investigation are continuing, including California Health
15
16 & Safety Code § 17920.3, relating to Substandard Building; conditions, and provides:

17 "Any building or portion thereof including any dwelling unit, guest room or suite

18 of rooms, or the premises on which the same is located; in which there exists any of

19 the following listed conditions to an extent that endangers the life, limb, health,
20
property, safety or welfare of the public or the occupants thereof shall be deemed and
2]
hereby is declared to be a substandard building:" .
22
50. In addition) Plaintiffs are infonned and beheve, and based thereon allege) that
23
24 Defendants. and each of them. have violated Health & Safety Code §17290.3(a), relating to

25 inadequate sanitation which provides in part: lack of, or improper water closet; lack of hot and cold

26 running water to plumbing fixtures in a dwelling unit; lack of adequate heating or required
27
ventilation equipment dampness ofhabitable rooms; infestation of insects, vennin, orrodents ... ; and
28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 23 of 28 Page ID
#:375

lack of connection to required sewage disposal system. Further, subsection (b) of §17290.3, j
2
relating to structural hazards provides in paM: deteriorated or inadequate foundation; defective or
3
deteriorated flooring or 11001' supp0l1S; members of ceilings, roofs, ceilings and roof SUPP0l1S, or
4
other horizomal members which sag, split, or buckle due to defective material or deterioration;
5
6 members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of

7 insufficient size to carry imposed loads with safety; and fireplaces or chimneys which are of

8 insufficient size or strength to carry imposed loads with safety. Finally, subsection (g) of §17290.3,

9 relating to faulty weather protection. further provides in part: deteriorated, crumbling, or loose
10
plaster; deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors,
11
lncluding broken windows or doors; defective or lack of weather protection for exterior wall
12
coverings, including lack of paint, or weathering due to lack of paint or other approved protective
13

14 covering; and broken, rotted, split, or buckled exterior wall coverings or roof coverings.

15 51. The Plaintiffs are further informed and believe, and based thereon alJege, that said

16 building code regulations and ordinances, also including, but not limited to the Unifonn Building
17
Code, are mandated by various governmental and quasi-governmental entities bavingjurisdiction
18
over the construction of residential housing in the City of Corona, County of Riverside, State of
19
20 Californja, for the purpose of ensuring that residential housing, including the homes, is constructed

21 in a watertight, stable, secure, sanitary, llsefuJ and otherwise habitable manner. By way of example

21 and without limitation, the Defendants vio!ate·d certain codes and ordinances, as to which discovery
23 and investigation are continuing, including Section 1707(8),1985 Ed. Uniform Building Code,
24
relating to water intrusion around sliding glass doors; Sec. 1707(a), 1985 Uniform Building Code,
25
relating to window leaks; Chapter 32, 1985 Ed. Uniform Building Code and Manufacturer's
26
27 Specifications, relating to loose tiles at valleys, sidewalls and around penetrations; Chapter 32,

28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 24 of 28 Page ID
• #:376

1985 Ed. Uniform Building Code, relating to the omission of flexible flashing at soil and 'B' vent
2
penetrati ons.
3
As a result of the violation of one or more building code regulations or ordinances
4
by the Defendants, and each of them, as alleged herein above, the Plaintiffs, have sustained and will
5
6 sustain damages as sel forth in the prayer.

7 PRAYER

8 WHEREFORE, the Plaintiffs pray for judgment against Defendants. and each of them,

9 jointly and severally, as fol1ows:

10
A. For compensatory damages for repairs and resulting damage In excess of
11
$400,000.00;
12
B. For investigative expenses including, but not limited to, architectural and engineering
13
J4 illvestjgations~ in excess ~f $11 0,000.00;

15 C. For compensation for damages to personal property, according to proof at time of

J6 trial;
17
D. For coSI of prior repairs, according to proof at time of trial;
18
E. For interest thereon at the maximum legal rate; and,
19

20
F. For costs of suit herein incurred.

2J
22 DATED: April).;, 2009 ANDERSON & KruGER

23
24
l3y:~kt.a~
WILLIAM M. SICKINGER
25 Attorneys for Plaintiffs

26

27

28
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 25 of 28 Page ID
#:377

CM-O
ATI'ORHeY em PARTY IMTHOllr ATTORK~ fN-. Stall! S.r tlUllllwr. ~ oddnmsJ: FOI/COU/fTUSffD/oIty
JOSEPH L. OLIVA, ESQ. (SBN 113889)
MICHAEL S. FA1RCLOTB, ESQ. (SBN 211153)
OUYA & ASSOCIA'IES
11770 BERNARDO PLAZA COURT, SUITE 350
SAN DIEGO, CA 92128
mepHONE HO~ (858) 385-049] FAX NO; (858) 385-0499
:rTORN FOR : P S VAN !ABLE D CORP
SUPERIOR COURT OF CAUFORNIA, COUNTY OF RIVERSIDE
STREET ADDRESS~ 4050 MAIN STREET
W.IUNGADDRESS, 4050 MAlN STREET
RIVERSIDE, CA 92501
OIlY AND ZIP CODE:
III1ANGH NAME: CENTRAL
CASE NAME: VAN DAELE v. AMERICAN INTERNATIONAL
SPB et .
CIVIL CASE COVER SHEET Complex Case Deslgnatitln
[L) Unlimited
(Amount
D Umimd
CAmoum
o
Counter 0 Joinder
Fded with first appearance by defendant
Clemanded aemanded Is
exceeds 5 000 $25000 or less (Gal. Rules of Court, rule 3.402) DIi!I'n
Items 1-6 bsJow must be co leted see Insttvc:tions on pa e 2 ,
1. Check one box below·for the case type that best de&Cribes this case:
Auto Tort Contract Provialonally Complex clvn 1.ltJgatlon
[LJ Breach Of conbllctlwammty (06) (Cal. Rules of Court., rules U0D-3.403)
B AlIto ( 2 2 ) ·
Uninsured motorist (46) 0 Rule :1.740 collections (09)
0
o
AntItruallTBde regulation (03)
D
Other PUPPIWD (PersonatlnjurylProperty
Darnage1Wrongful Death) Tort
o Asbestos (04) .
B other coJIeclions (09)
Insurance coverage (18)
other contract (37)
D
o
Construction defect (10)
Mass tort (40)
Securities IJIigation (28)
o Product liability (24) Rear Property o EnvlnmmBnlal/Toxlc tort (30)
D
o Medical malpractice (45)
O1her PIIPPIWD (23)
0EmInent domainllnverse
condemnation (14)
o Insurance covarage claims arising from the
above flBled provisionally complel< case
NOl1.PlIPDIWD (other) Tort . 0
Wrongful eviction (33) types (41)
o Business tort/unfair bll$lness practice (07) 0 other raaJ property (26) Enforcemunt of Judgment
o CM' rights (O8) Unlawful Detarner o Enforcementor judgment (20)
o Defamation (13) 0 Commarclll (31) Miscellaneous CIvil Complaint
o Fraud (16) 0 Residential (32) o RICO (27)
o Intellectual property (19) ·0 Drugs (38) D other complaint (net spaoJfled abovs) (4:2)
o profeIisJonal negligellG8 (25) JudIcial Revlew . MiscelianeDus Civil Petition
o Other non-PIIPDMID tort (35) 0 Asset forfeiture (OS) o PBrtnerahlp and corpo;ale governance (21)
I:mployment 0 Petition re: arbitration award (11) o Other peUtian (not BpfIC/fied above) (43)
o Wrongful lenninalion (36) 0 WrIt of mandate (02)
o Oiher employment (15) 0 other JUdloial review (39)
2. This case D is [i] Is not complex under rule 3.400 of the California Rules of Court. If the caae is complex, marl< the
factors requiring exceptional Judicial management. .
a. 0 Large number of separately represented parties d. 0 Large number ofwltnesses
b. 0 Extensive motion practice raising difficult or novel e. 0
Coordination wlttUltlated actions pending in one or more courts
issues that will be time-consuming to resolve In other counties, statas, or countrtes, or In a federal court
c. 0 Substantial amount of documenta~denoe f. 0 Substantial PDstjuclgment judicial BUpBfVision
3. Remedies sought (cheCJk all that apply): a. W monetary b. D nonmonetary; declaratoty or injunctive relief c. 0 punitive
4. Number of causes of action (specify): 6; B~ch of Contract; Breach Implied COY. Good Faith; Refol1?lation; Dec. R,el
5. This case 0 Is [iJ is not a class action suit .
6. If there are any knoWn related cases, file and serve a notice of related case. (You maY~UBe
11. CM-015.)
Date: MAY 19.2010 ~ AA"",'/_ ./
;roSEPHL. OLIVA. E~g!~~89) . ~ "PAR'rr~ORHeYI'ORPNl'TY)
NOTICE
• Plalntiffrnu&t file thls cover sheet with the first paper filed In the action or proceeding (except small dalms cases or cases filed
under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
• Ale this cover sheet In addItion to any cover sheet required by local court rule, .
• If this case is complex under rule 3.400 et seq. of1he Callfomla Rules of Court, you must selVe a copy .of this cover sh~t on all
other parties to the action or proceeding.
• Unless Ihis Is 8 collections case under rule 3.740 or e complex case, this cover sheet will be used for statistical purposes onl)'.
. Po lof2
CIVIL CASE COVER SHEET ]..emU Col.II...I... rCold.rIHa2,3D.:WO.3.~.4Il3.a.7<O:
s~ OL hnderdo Q/ JUdIoioI Alimlnlmllon. l1li. 3.10
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 26 of 28 Page ID
#:378

,:.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE

4050 Main Street
Riverside, CA 92501
www.riverside.courts.ca.gov

NOTICE OF ASSIGNMENT TO DEPARTMENT FOR CASE MANAGEMENT PURPOSES

AND CASE MANAGEMENT CONFERENCE (CRC 3.722)

VAN DAELE DEVELOPMENT CORP VS CHARTIS SPECIALTY IN

CASE NO. RIC 10009891

This case is assigned to the Honorable Judge Gary B. Tranbarger

in Department 07 as the case management department.
The Case Management Conference is scheduled for 11/17/10
at 8:30 in Department 07.
The plaintiff/craBs-complainant shall serve a copy of this notice on
all defendants/cross-defendants who are named or added to the
complaint and file proof of service.
Any disqualification pursuant to CCP Section 170.6(2) shall be
filed in accordance \lTith that section.

CERTIFICATE OF MAILING
I certify that I am currently employed by the Superior Court of
California, County of Riverside, and that I am not a party to this
action or proceeding. In my capacity, I am familiar with the practices
and procedures used in connection with the mailing of correspondence.
Such correspondence is deposited in the outgoing mail of the Superior
Court. Outgoing mail is delivered to and ~iled by the United States
Postal Service, postage prepaid, the same day in the ordinary course
of business. I certify that I served a copy of the foregoing
notice on this date, by depositing said copy as stated above.
Dated: OS/21/10 Court Executive Officer/Clerk

By: ~.
CYNTHIA CARLTON, Deputy Clerk

ac:cmcicmcbiCmchjcmctic,mcC
cmccb;cmcchicmcct
Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 27 of 28 Page ID
#:379

,'.
I.y
COP
~
~'-
. .! ~
SUPERIOR COURT. COUNTY Or RIVERSIDE, STATE OF CALIFORNIA

o BA.NNING 135 H. AIr_a FIaod, 1Iorv*Ig, CA'82220 0 MURRIETA 30'1!5-D Auld R<rad. MIrrI.ta: CI.826tl3
o BLYTHE 2S5NOIlhIllI>lllWSy,8IyIhe,c.o.PZ22B W RIVERSIDE CQ5OAIIIIn8L,R,*aI!I.,CABUOI
o HEMET 88OIUtal8I1L.HeIllOl,et.92543 0 RIVERSIDE 4176UH\SI.,Rw.rtlcfl,CAD2~
o INDIO 4IJ.I!IIOO4JltSl,InIno.CAl2ZD1 0 TEMECULA 41C02Co111\l'cortarer.• .,'OO.Twn_.CAWIP\
o MORENO VALLEY 138DO HNoo:Ic 81.111201, t.loleno Valley, CA S255a

Name and Addres$ (~S8) 3&5-0491

.TOSBPHL. OllYA. ESQ, {SBN 11
MIcH.AEL S. FAIRCLOTH, ESQ. (S [F DIL @: [Q)
OLIVA & ASSOCIA1ES S!JPE8btt~~~?~~~RN~
11710 BERNARDO PLAZA COURT. StJIT.B 350
SAN DmOO.CA 92128
Attorney for Plaintiff
MAY 21 tum
~
or Party without Attorney

VAN DAELE DEVELOPMENT CORPORATION

and CORONA 88/AF XIX, LID

vs.
Plaintlff(s)
CASENcR1C "000989 1
CIiAR.".S SPECIALTY INSURANCB COMPANY fka AMERlCl.N CERTIFJCATE OF COUNSEL
IN'l'IllUIATIONAL SPBC1ALTY LlNBS INSURANCE COMPANY~
FmST SPECIALTY INSURANCB CORJlORATlON; et aI.
Defendant{s)

The undersigned cerlffias that this matter should be tried or heard in the
RIVERSIDE SUPBRlO}t Court for the following reaSon:

m The action arose in this judicial district

D The action concerns real property located In 1hls Judicial district.
o The defendant resides in this Judicial dis1ricL

SQ. (S

Dated: MAY 20, 2010 Signed by: ~Ii~~~~~~------

JOSEPH L, OLNA, ESQ. (SBN 11

(Ra'I. Mo031 CeR.11FICATE OF COUNSEL

Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 28 of 28 Page ID ,'I

#:380

1 Re: Van Daele Development, et al. v. Chartis Specialty Ins. Co., et al.
Court: USDC-Central District, Eastern Division
2
Action No. TBA
3
PROOF OF SERVICE
4
I declare that I am over the age of 18, am not a party to the above-entitled action, and am an
5 employee of Se1vin Wraith Halman LLP whose business address is 505 14th Street, Suite 1200,
Oakland, Alameda County, California 94612.
6
On June 25, 2010, I served the following document(s):
7
NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.c. § 1332(A) (Diversity);
8
CERTIFICATE OF INTERESTED ENTITIES OR PERSONS
9 PURSUANT TO LOCAL RULE 3-16;

10 CORPORATE DISCLOSURE

11 CIVIL COVER SHEET

12
By U.S. MAIL: By placing a true copy of the document(s) listed above, enclosed in a sealed
13 envelope, addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar with this
14 business' practice for collection and processing of correspondence for mailing with the United States
Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is
15 deposited in the ordinary course of business with the United States Postal Service with postage fully
prepaid.
16

17 Mr. JosephL. Oliva Attorneys for Plaintiff:

Oliva & Associates VanDaele Development Corporation and
18 11770 Bernardo Placa Court, Suite 350 Coronoa 99/AF XIX, LTD., a California
San Diego, CA 92128 Limited Partnership
19 Telephone No.: (858) 385-0491
Fax No.: (858) 385-0499
20 Email: joliva@olivalaw.com

21
I declare under penalty of peIjury under the laws of the United States of America that the
22 foregoing is true and correct.

23 Dated: June 25, 2010

24

25

26

27

28

1
Case No.: TBA