Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 23, 2021

Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED John W. Chapman (SBN 134721) 3/23/2021 4124 PM Mark G. Intrieri (SBN 116627) Clerk 9f court J. Spencer Edgett (SBN 219221) SUper'Or court 0f CA, John F. Baumgardner (SBN 275674) county 0f santa Clara CHAPMAN & INTRIERI, L.L.P. 21 C_V381 035 2236 Mariner Square Drive, Suite 300 Rev'ewed By: V- Taylor Alameda, California 9450 1 - 1 089 Telephone: (510) 864-3600 Facsimile: (510) 864-3601 Attorneys for VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA VIETNAM TOWN CONDOMINIUM Case No. 21 CV381 036 OWNERS ASSOCIATION, a California Corporation, COMPLAINT FOR DAMAGES (1) NEGLIGENCE Plaintiffs, (2) STRICT LIABILITY (3) BREACH OF EXPRESS WARRANTY VS. (4) BREACH 0F IMPLIED WARRANTY (5) BREACH OF CONTRACT (6) BREACH OF CONTRACT - THIRDTWN INVESTMENT GROUP, LLC, a PARTY BENEFICIARY California limited liability company, REEVE- (7) NEGLIGENCE PER SE KNIGHT CONSTRUCTION, INC., a (8) STRICT LIABILITY - PRODUCTS California corporation, and DOES 1 through LIABILITY 300 (9) NEGLIGENCE (Design Professionals)’ (10) NEGLIGENT MISREPRESENTATION Defendants- (11) FRAUD NON-DISCLOSURE / (12) PRIVATE NUISANCE PlaintiffVIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION complains against Defendants and each of them, as follows: GENERAL ALLEGATIONS 1. Plaintiff VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION (hereinafter “Plaintiff’) is a nonprofit mutual benefit corporation duly formed under the Nonprofit Mutual Benefit Corporation laws of the State of California, composed of the owners 0f approximately two hundred fifty six (256) commercial condominium units Within the Vietnam 1 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Town development located at 909 - 999 Story Road, San Jose, County 0f Santa Clara County, State 0f California (hereinafter referred to as “Common Area”). The Vietnam Town development was built in two phases. Phase I consist 0f one hundred fifteen (1 15) condominium units located at 969 Story Road, 979 Story Road, 989 Story Road, and 999 Story Road (hereinafter referred to as the “Subject Property”). Phase II consists of one hundred forty-one (141) condominium units located at 909 Story Road, 919 Story Road, 939 Story Road, and 959 Story Road Which is not at issue in this Complaint. Plaintiff was established to own, repair, maintain, and manage the Subject Property, a common interest development, and has standing to institute and prosecute the above-captioned matter pursuant t0 Civil Code Section 6858. 2. Plaintiff has the sole and exclusive right and duty to own, repair, maintain, and manage the Common Area 0f the Subj ect Property, t0 enter contracts t0 so accomplish its duties and obligations, and has all 0f the powers necessary t0 carry out its rights and obligations, including the right, duty, and power to contract for legal services to prosecute any action affecting the Common Area ofthe condominiums, pertaining t0 damage t0 a separate interest that it is obligated t0 maintain, or repair or pertaining to damage to the separate interests that arise out 0f, or are related t0, any damage t0 the Common Area, when such action is pertinent t0 its operations, powers, rights, and obligations, including the bringing of this action in accordance With Civil Code Section 6858. 3. Plaintiff is informed and believes and thereon alleges that Defendant TWN INVESTMENT GROUP, LLC, a California limited liability company, and DOES 1 through 50 and its related individuals, members, 0r entities, inclusive, conducted business in the County 0f Santa Clara, State of California, and participated in the development, design, construction, rental, repair and/or sale of the Subject Property, and/or in the manufacture and/or supply of materials and components Which were made a part 0f the Subj ect Property as set forth herein. 4. Plaintiff is further informed and believes and thereon alleges that Defendant REEVE- KNIGHT CONSTRUCTION, INC, a California Corporation, and DOES 51-100, inclusive, were the general contractor and/or builders 0f the Subj ect Property. 5. Plaintiff is informed and believes that DOES 101-200, inclusive, were subcontractors, material men, suppliers, and/or manufacturers 0f building materials whose labor, 2 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 services and/or materials were incorporated into, or were part of the construction of, the Subject Property. 6. Plaintiff is further informed and believes and thereon alleges that DOES 201-250, inclusive, provided professional design, architectural, engineering and/or construction management services With respect t0 the construction and design 0fthe Subj ect Property. Such services included, but were not limited t0, architecture, landscape architecture, civil engineering, mechanical engineering, structural engineering, soils engineering, and electrical engineering and/or construction management and the selection 0f materials and supervision 0f construction. 7. Plaintiff is further informed and believes and thereon alleges that DOES 251-300, inclusive, were liability insurers authorized to do business in California, and provided policies of insurance to Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC., and DOES 1-300, inclusive, for the development, design, construction, engineering, construction management, rental, repair and/or sale of the Subj ect Property. 8. Plaintiff is ignorant of the true names and capacities 0f Defendants sued herein as DOES 1 through 300, inclusive, and therefore sues these Defendants by such fictitious names whether individual, corporate, associate or otherwise. Plaintiff will seek leave to amend this Complaint to set forth the true names and capacities 0f those Defendants When such have been ascertained. Plaintiff is informed and believes and thereupon alleges that each of the fictitiously named Defendants are responsible in some manner for the occurrences herein alleged, and that Plaintiff’ s damages as herein alleged were proximately caused thereby. 9. Plaintiff is informed and believes and 0n that basis alleges that at all times herein mentioned each of the Defendants, were acting as the partner, agent, servant, 0r employee of each 0fthe remaining Defendants, and in doing the things hereinafter mentioned were acting in the course and scope 0f his 0r her 0r its authority as such partner, agent, servant, 0r employee and with the knowledge, permission, and consent of each of the other Defendants. 10. Plaintiff is informed and believes and, on that basis, alleges that at all relevant times there existed a unity of interest in ownership between Defendants and DOES 1-300 such that any individuality and separateness among them ceased, and each is the joint venture partner and/or alter 3 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ego and/or sister corporation, partnership or dba of the other and exerted the requisite degree 0f control to justify a piercing 0f the corporate veil. Adherence to the fiction 0f the separate existence of these certain Defendants as an entity distinct from other certain Defendants Will permit an abuse 0f the corporate privilege and would sanction fraud and/or promote injustice. 11. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, jointly participated in the development, design, construction, renovation, repair 0r sale of the Subj ect Property, or performed repairs or major renovations or improvements 0r in the manufacture and supply of materials and components Which were made a part of the Subject Property, or were other persons, entities, or professionals Who participated in the process of construction or repair of the Subject Property and who performed works of labor and manufactured or supplied materials, equipment, or services necessary for the construction, including supervision of construction 0f the Subject Property. Having undertaken such responsibility and authority, said Defendants owed a duty of care to Plaintiff t0 ensure that they themselves, and the other entities and individuals controlled by them, performed said activities in a reasonable, competent, and workmanlike manner, so that the completed project would be free from defects and would require only normal maintenance. 12. Plaintiff is informed and believes and thereon alleges that Defendants TWN INVESTMENT GROUP, REEVE-KNIGHT CONSTRUCTION, INC., and DOES 1-300, inclusive, and each of them, acted in unity and concert t0 produce the Subject Property; that the Subject Property was a manufactured product, and that said Defendants, and each of them, were manufacturers, suppliers and assemblers 0f said products. 13. Plaintiff and its members used said manufactured products in the way they were intended t0 be used. 14. Within the three years prior t0 initiating this action, Plaintiff became aware 0f facts which, upon investigation, resulted in Plaintiffbeing informed that there were certain defects in the materials, design, development, construction, and/or repair of the Subject Property, including, but not limited t0, the following: // 4 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Steep Slope Roof and Roofing System: The steep sloop roofing system was not constructed and/or installed in a watertight manner, is failing, and does not afford proper drainage to preserve the integrity of the exterior envelope of the building, thereby contributing to water intrusion. Among other things, the parapet wall roof shingles lack proper attachment, are improperly installed, are inadequately and/or improperly flashed, and pose a risk of blow-off occurring. They steep slope roof and roofing system lack proper attic ventilation resulting in overheating of adjacent roofing and the premature failure of the composite roofing tiles and TPO membrane. The roofing shingles are not isolated and/or counterflashed at junctures With the TPO membrane which will result in premature failure of the roofing systems. The steep slope roofing system lack proper integration and transitional flashing at the TPO membrane transition. The parapet cap to wall junctions also lacks proper incorporation into the roofing system resulting in water intrusion into the wall cavities. Parapet cap joints are unsealed and inadequately sloped. At the architectural roofdomes, there is a lack ofproper flashing, improper fastening offiberglass dome t0 sheet metal caps, and GSM seams are not soldered Which are contributing t0 water intrusion through the building envelope. These deficiencies constitute Violations 0f the building code, industry standards of care, and manufacturers installation requirements. b. Low Slope TPO Roof and Roofing System: The 10W slope roofing system was not constructed and/or installed in a watertight manner, is failing, and does not afford proper drainage t0 preserve the integrity of the exterior envelope 0f the building, thereby contributing to water intrusion. The TPO roofs were not properly flashed, leak, d0 not drain, lack proper slope t0 drain, lack designed crickets, lack roofed in equipment pads/supports, lack walking pads, and Will not last for their intended useful life. Installed fasteners are prematurely backing out resulting in punctures in the TPO membrane and contributing to water intrusion into the structure. These deficiencies constitute Violations 0f the building code, industry standards 0f care, and manufacturers installation requirements. c. Exterior Building Envelope / Cladding Issues: The exterior stucco system is taking 0n water due to a variety of issues, including but not limited to, lack of proper weeping provisions, unsealed penetrations, and improper flashing. These conditions are trapping water 5 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within the exterior cladding system and damaging other building components. The stucco evidences efflorescence and is discolored and/or stained around cracks Which are exfiltrating water. The stucco plaster accessory channels are water permeable and are allowing water intrusion into the wall cavities. Window assemblies are improperly incorporated into the stucco system and may be contributing t0 water intrusion into the building envelope. These deficiencies constitute Violations of the building code, industry standards 0f care, and manufacturers installation requirements. d. Exterior Glazed Openings (Windows and Doors): Water intrusion exists at the Windows such that water passes beyond, around or through the Window and/or Window systems. The Windows are not flashed properly and/or are not integrated in a watertight fashion with the adjacent building envelope assemblies. The windows lack pan flashings, are installed incorrectly, and the Window product itself is defective and contributing t0 water intrusion. The exterior doors are not sealed properly and leak. The integration of the door assembly into the building envelope is improper and allows water t0 pass beyond the primary and secondary barriers. The doors are installed incorrectly and the product itself is defective and contributing to water intrusion. These deficiencies constitute Violations 0f the building code, industry standards 0f care, and manufacturers installation requirements. e. Installed Plumbing System: The installed plumbing system materially impairs the use of the structure by its inhabitants. Among other things, roof gas lines are unsupported at transitions, are improperly supported, and are causing damage t0 the TPO roofing membrane. The installed gas piping t0 concrete flatwork junctures lack isolation and fail to meet clearance requirements. There have been plumbing fixture leakages, sewer backups, inadequate drainage, and premature and excessive scale build up. These deficiencies constitute Violations ofthe building code, industry standards of care, and manufacturers installation requirements. f. Fire Resistive Assemblies: Among other things, there is a lack 0f firestopping intumescent sealants at firewall penetration and omitted fire resistive coverings 0f structural steel brackets throughout the Subject Property. The fire sprinkler piping t0 concrete flatwork junctures lack isolation and fail t0 meet clearance requirements. These deficiencies 6 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 constitute Violations of the building code, industry standards 0f care, and manufacturers installation requirements. g. Site Deficiencies: Irrigation systems and drainage operate improperly causing damage to landscaping 0r other external improvements. Exterior pathways, hardscape, asphalt, and sidewalks contain cracks that display vertical displacement and/or that are excessive. 15. In addition t0 the foregoing, Plaintiff alleges additional defects in the materials, design, development, construction and/or repair of the structures, including but not limited to, defects in the following systems and related components: exterior envelope, windows, doors, stucco, trim, plaster, painting, caulking, drywall, sheet metal, flashing, fire safety / sprinklers, electrical, plumbing, utilities, lighting, HVAC, roof, drainage, water proofing, concrete, landscaping, hardscape, framing, insulation, site safety, irrigation, and life safety. 16. Plaintiff is informed and believes and thereon alleges that the Subj ect Property may be additionally defective in ways and to an extent not yet precisely known, but which will be inserted herein by way 0f amendment 0r Will be established at time of trial, according t0 proof. 17. Plaintiff is informed and believes and thereon alleges that said defects were a result 0fdeficiencies in the design, development and/or construction and prior use of the Subject Property, 0f Which Plaintiff and its members were not aware 0f when the Subject Property was purchased. Said defects made and make the Subject Property unsafe, unmarketable and unsuitable for its intended use. 18. Plaintiff is further informed and believe and thereon allege that the defects and damages are continuing in nature and cumulative. 19. As a direct and proximate result of the conduct of said Defendants, and each 0fthem, Plaintiff has been damaged in a sum not yet ascertainable, but Which Will be proven at the trial 0f this action. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as hereinafter set forth. / / / / 7 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST CAUSE OF ACTION NEGLIGENCE (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 20. Plaintiff realleges and incorporates by this reference Paragraphs 1-19, above, inclusive as though fully set forth herein. 21. Plaintiff is further informed and believes and thereon alleges that Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC., and Does 1-300, and each of them, participated in the development, design, construction, renovation, repair and/or sale 0f the Subject Property, and/or performed repairs and/or major renovations or improvements and/or in the manufacture and/or supply 0fmaterials and components Which were made a part 0fthe Subj ect Property, or were other persons, entities, or professionals Who participated in the process of construction and/or repair of the Subject Property and who performed works of labor and manufactured and/or supplied materials, equipment, and/or services necessary for the construction, including supervision 0f construction 0f the Subj ect Property 0r were prior owners, lessors, lessees, users and/or occupiers 0fthe Subj ect Property. Having undertaken such responsibility and authority and/or based on such prior possession and use, said Defendants owed a duty 0f care t0 Plaintiff t0 ensure that they themselves, and the other entities and individuals controlled by them, performed said activities in a reasonable, competent, and workmanlike manner, so that the completed project would be free from defects and would require only normal maintenance. 22. Within the three years prior t0 initiating this action, Plaintiff became aware 0f facts which, upon investigation, resulted in Plaintiffbeing informed that there were certain defects in the materials, design, development, construction, condition and/or repair 0f the Subject Property, including, but not limited to, those alleged in Paragraphs 14 and 15 hereinabove. 23. Plaintiff is informed and believes and thereon alleges that the Subj ect Property may be additionally defective in ways and t0 an extent not yet precisely known, but Which Will be inserted herein by way of amendment or Will be established at time 0f trial, according to proof. // 8 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, breached their duties of care t0 Plaintiff in that the various elements 0f the Subject Property herein, were negligently developed, designed, constructed, repaired, manufactured, supplied, and installed without compliance with the applicable project plans, specifications, building codes, manufacturers’ specifications, and/or the common standards used in such development, design, construction, repair, and installation. Defendants also negligently supervised and inspected the design, construction and/or repair of the project; negligently hired those who did the development, design, construction, repair, supervision, and inspection; and negligently obtained inspected and installed inappropriate and/or defective materials for installation in the proj ect. 25. In the exercise 0f reasonable diligence Plaintiff could not and did not discover the nature and cause 0f the defects in the Subject Property until various times Within the three years prior t0 initiating this action. Plaintiff has commenced a formal professional investigation 0f the design and/or construction defects at the Subject Property, and will seek leave of Court to amend this Complaint t0 further specify the existing defects and allege additional deficiencies When they become known. 26. Plaintiff is informed and believes and thereon alleges that the design, materials, and/or construction defects and related damages as described herein, and each 0f them, were at all material times latent and could not have been discovered by Plaintiff through the exercise of reasonable diligence and/or by reasonable inspection. For various of these design, material, and/or construction defects, Plaintiff has not yet received filll professional reports as t0 the nature and extent 0f the defects, Which remain latent. Until Plaintiff completes its professional design, construction, and engineering studies, Plaintiff will not be able t0 determine the cause or the full scope, nature, and extent 0f the defects at the Subj ect Property, 0r the identity of all the persons and entities responsible for said defects and related damages nor the full extent 0f the damages and/or costs 0f repair. 27. Plaintiff is further informed and believes and thereon alleges that the defects and damages are continuing in nature and cumulative. // 9 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28. Plaintiff is informed and believes and thereupon alleges that as a proximate result 0f the defects set forth herein and the conduct of Defendants, Plaintiff has suffered damages in an amount precisely unknown but which amount Plaintiff is informed and believes Will exceed the jurisdictional minimum requirement for this court. 29. Plaintiff is informed and believes and thereon alleges that as a direct and proximate result 0fthe defects and the negligent conduct ofDefendants, and each ofthem, Plaintiffhas incurred and will incur further substantial repair costs. Plaintiff has also been required to spend extra sums, not planned and not budgeted, for periodic maintenance. Plaintiff is informed and believes and thereon alleges that When the above-mentioned deficiencies are remedied, periodic maintenance Will be required, over and above such maintenance as would be necessary if improvements had been constructed free from such deficiencies and in a reasonable and workmanlike manner. 30. Plaintiff is informed and believes and thereupon alleges that as a further direct and proximate result of the defective conditions and the conduct of Defendants, and each 0f them, Plaintiffwill lose the filll use 0f the Subject Property, during the period of repairs and will be fithher damaged by the cost 0f this displacement. Said amounts are presently unknown, but Which amounts will be established at the time of trial, according t0 proof. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as is hereinafter set forth. SECOND CAUSE OF ACTION STRICT LIABILITY (as to Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 31. Plaintiff realleges and incorporates by this reference Paragraphs 1-30, above, inclusive, as though fully set forth herein. 32. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, LLC and DOES 1-300 were involved in the business 0f mass production, 10 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development, construction, and sale of commercial condominium units and related improvements such as and including the Subj ect Property. 33. Plaintiff is informed and believes and thereon alleges that said Defendants knew or had reason t0 know that the purchasers 0f the Subject Property would rely on the skill, judgment, and expertise of each of the Defendants herein in producing and constructing a product that was reasonably fit for its intended purpose. 34. At all material times, Plaintiff was not versed in the design 0r construction procedures relative t0 commercial condominiums units, and relied upon the skill, expertise, representations whether written or oral, and reputation of said Defendants, and each 0f them, t0 provide all work, labor, materials, and designs which would be reasonably fit for their intended purposes, Which would not result in any defects at the Subject Property, and which would render the Subj ect Property habitable and safe for occupancy. 35. Plaintiff is informed and believes and thereon alleges that as the developers, builders, and mass producers 0f commercial condominiums including the Subj ect Property, Defendants, and each of them, knew that the Subject Property would be sold and used by members 0f the general public for use as commercial units and the Defendants knew 0r reasonably should have known that the persons who purchased said units would d0 so Without inspection for the defects set forth herein. 36. Within the three years prior t0 initiating this action, Plaintiff became aware 0f facts which, upon investigation, resulted in Plaintiff being informed that the items set forth herein were defective, not fit for their intended purpose, and not manufactured, constructed, tested, prepared, evaluated, engineered 0r produced in a reasonable and workmanlike manner. As a result of these defects, the Subject Property began to and will continue to suffer damages. 37. Plaintiff is informed and believes and thereon alleges that by Virtue of their status as the developers and mass producers 0f the Subject Property, said Defendants are strictly liable to Plaintiff for all damages suffered as a result of the defects and deficiencies described above. 38. Plaintiff is informed and believes and thereon alleges that the design, materials, and/or construction defects and related damages as described herein, and each of them, were at all 1 1 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 material times latent and could not have been discovered by Plaintiff through the exercise 0f reasonable diligence and/or by reasonable inspection. 39. As a direct and proximate result 0f the defects, Plaintiff has and Will suffer damages as alleged herein. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as is hereinafter set forth. THIRD CAUSE OF ACTION BREACH OF EXPRESS WARRANTY (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 40. Plaintiff repeats and realleges Paragraphs 1 through 39, above, inclusive, as if fillly set forth herein. 41. Plaintiff is informed and believes and thereon alleges that prior to November 14, 2013, Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300, and each 0f them, entered into written contracts With Plaintiff and it’s members based upon said Defendants’ warranties and that Defendants expressly warranted that the condominiums were fit for their intended use, were built in a workmanlike manner and were built in accordance With the plans 0n file With the building department and that the condominiums were free of latent and concealed defects. 42. Plaintiff and its members relied upon such warranties and believed in good faith that the Subj ect Property was ofmerchantable quality and erected in a reasonably workmanlike manner. Plaintiff and its members would not have purchased the Subject Property if they had known that the Subj ect Property was not of merchantable quality and/or not free 0f defects. 43. Within three years 0fcommencing this action, Plaintiffbecame aware 0f facts Which, upon investigation, resulted in Plaintiff being informed that the Subj ect Property had been inadequately developed, constructed, or otherwise improved, and that certain of the materials or components supplied were defectively manufactured. // 1 2 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, breached their warranties by failing t0 design, build, develop, manufacture, supply, install, supervise and/or improve the Subject Property in a reasonably workmanlike manner in accordance with the plans and specifications for the project and in accordance with customary good building practices. 45. Plaintiff is informed and believes and thereon alleges that Defendants are on notice 0f such breach of their express and/or implied warranties. Notwithstanding these facts, Defendants, and each of them, have failed and refilsed to correct the deficiencies alleged above. 46. As a proximate result 0f said defects and Defendants’ conduct as alleged herein, Plaintiff has been damaged in a sum not yet ascertainable but which will be proven at the trial of this action. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth. FOURTH CAUSE OF ACTION BREACH OF IMPLIED WARRANTY (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 47. Plaintiff incorporates by this reference Paragraphs 1-46, above, inclusive, as though fully set forth herein. 48. Plaintiff is informed and believes and thereon alleges that as developers, designers, builders, contractors, subcontractors, suppliers, and/or manufacturers 0f materials for the Subject Property, or other persons, entities, 0r professionals who participated in the process 0f construction and/or repair of the Subj ect Property, Defendants knew the Subj ect Property would be sold to and used by members 0f the general public for use as commercial units, and said Defendants knew 0r should have known that the persons who purchased said units would do so without inspection for the latent defects set forth herein. 49. Plaintiff is informed and believes and thereon alleges that Defendants, at all times herein mentioned, were either developers, builders, contractors, subcontractors, material men, 1 3 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and/or suppliers, with respect t0 the Subject Property or were other persons, entities, or professionals Who participated in the process of construction and/or repair of the Subject Property and who performed works 0f labor and manufactured and/or supplied materials, equipment, and/or services necessary for the construction, including supervision of construction 0f the Subject Property, and the materials and/or components thereof, and impliedly warranted that the Subject Property, including all of its structures, systems, materials, and components, was 0fmerchantable quality, and was designed, constructed, repaired, and/or improved in a reasonably workmanlike manner, all in accordance With the plans and specifications for the proj ect and in accordance with customary good building practices and expressly and/or impliedly warranted that the project and improvements would be of merchantable quality and fit for use and occupancy by members of the public. 50. Each member 0f Plaintiff relied 0n such warranties and believed in good faith that the Subject Property including the commercial units were 0f merchantable quality and were erected in a reasonably workmanlike manner. Each member 0f Plaintiff would not have bought a unit in the Subject Property if he or she had known that the Subject Property was not of merchantable quality and not free of defects. 5 1. Within the three years prior to initiating this action, Plaintiff became aware 0f facts Which, upon investigation, resulted in Plaintiffbeing informed that portions 0f the Subj ect Property had been inadequately developed, constructed, repaired, 0r otherwise improved, and that certain of the materials or components supplied were defectively designed and/or manufactured. 52. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, breached their warranties by failing t0 develop, design, build, repair, manufacture, supply, install, supervise and/or improve the Subject Property in a reasonably workmanlike manner in accordance With the plans and specifications for the proj ect and in accordance with customary good building practices. 53. Plaintiff is informed and believes and thereon alleges that Defendants were put on notice of such breach of their implied warranties and by way of this complaint are hereby again put on notice thereof. Notwithstanding this fact, Defendants, and each ofthem, have failed and refused to correct the deficiencies alleged in Paragraphs 14 and 15 above. 1 4 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. As a direct and proximate result of the defects and Defendants’ conduct as alleged herein, Plaintiff has and will suffer damages as alleged herein. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as is hereinafter set forth. FIFTH CAUSE OF ACTION BREACH OF CONTRACT (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 55. Plaintiff realleges and incorporates by this reference Paragraphs 1-54 above, inclusive, as though fully set forth herein. 56. Prior t0 November 14, 2013, Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC., and DOES 1-300, and each 0fthem, as the developers, builders and owners 0f the Subject Property, entered into written contracts with Plaintiff or its members for the construction, design, 0r sale 0f the units that make up the Subj ect Property. 57. Plaintiff is informed and believes and thereon alleges that said Defendants Within these contracts make representations regarding the fitness of the Subject Property and such representations are material terms of these contracts. These contracts incorporated the governing documents for the Subj ect Property and documents submitted to the California Department of Real Estate (the “DRE”) and local agencies which provide that the Defendants would construct the Subj ect Property (a) in conformance With applicable building codes, manufacturers” specifications, and/or common construction standards; (b) would supervise and inspect the construction 0f the Common Area of the Subject Property to ensure that it was constructed in accordance with the applicable project plans, specifications, building codes, manufacturers” specifications, and/or the common construction standards; (c) would construct the Common Area of the Subject Property in accordance with the applicable project plans, specifications, building codes, manufacturers specifications, and/or the common construction standards; and (d) would design, manufacture, and/or supply appropriate and non-defective materials for installation in the project. // 1 5 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. Notwithstanding this fact, Defendants, and each of them, have breached their contracts by: (a) failing t0 design the Subject Property in accordance with the applicable building codes and regulations and in a manner to provide commercial units in accordance With the standards 0f construction applicable in the City of San Jose and County of Santa Clara; (b) failing to supervise and inspect the construction of the Subject Property t0 ensure that it was constructed in accordance with the applicable project plans, specifications, building codes, manufacturers specifications, and/or the common construction standards; (c) failing to construct the Subject Property in accordance With the applicable project plans, specifications, building codes, manufacturers specifications, and/or the common construction standards; and/or (d) failing t0 design, manufacture, and/or supply appropriate and non-defective materials for installation in the project. 59. Plaintiff is informed and believes and thereon alleges that it and/or each 0f the unit owners performed and satisfied all 0f the terms of the contracts With the Defendants described herein, required 0n their part to be performed. 60. As a direct and proximate result of the Defendants’ breach 0f the aforementioned contracts, Plaintiff has and will suffer damages as alleged herein. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as is hereinafter set forth. SIXTH CAUSE OF ACTION BREACH OF CONTRACT - THIRD PARTY BENEFICIARY (as to Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 61. Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 60, above, inclusive, as though fully set forth herein. 62. Plaintiff is informed and believes and thereon alleges that Defendant TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC, and DOES 1-300, and each 0f them, as the developers, builders, contractors and owners 0f the Subject Property entered into various written and oral contracts for furnishing labor, services, materials, repairs, and/or improvements t0 the Subject Property. Plaintiff further alleges that these Defendants and each of 1 6 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 them entered into various written and oral contracts for the construction, purchase and sale of each unit in the Subject Property. Plaintiff is further informed and believes and thereon alleges that such contracts were intended for the direct benefit 0f Plaintiff, as Plaintiff is in the class 0f persons 0r entities for whose benefit the contracts were expressly made. 63. Plaintiff is informed and believes and thereon alleges that such Defendants, and each of them, have breached these contracts as to Plaintiff in that the preparation, design, construction, repair, labor, materials, or services supplied t0, or for, the Subject Property was done or performed negligently, and in Violation of the terms and conditions of said contracts. 64. Plaintiff has performed each and every obligation required 0f it in relation t0 the Subj ect Property, 0r has been relieved of such obligations by the substantial and material breaches 0f the contracts by Defendants sued herein. 65. As a direct and proximate result 0f Defendants’ conduct as described herein and the resultant defects as set forth herein, Plaintiff has and will suffer damages as alleged herein. WHEREFORE, Plaintiff pray for judgment against Defendants, and each of them, as is hereinafter set forth. SEVENTH CAUSE OF ACTION NEGLIGENCE PER SE (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 66. Plaintiff realleges and incorporates by this reference Paragraphs 1-65, above, inclusive, as though fully set forth herein. 67. Plaintiff is informed and believes and thereon alleges that Defendant TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC, and DOES 1-300, and each 0f them, were at all relevant times herein designers, developers, builders, contractors, subcontractors, suppliers, manufacturers, 0r were other persons, entities, or professionals who participated in the process of construction and/or repair and/or renovation and conversion 0f the Subject Property and Who performed works of labor and manufactured and/or supplied materials, equipment, and/or services necessary for the construction, including supervision of construction 0f 1 7 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Subject Property or were prior owners, lessors, lessees, users and/or occupiers of the Subject Property. 68. Plaintiff is informed and believes and thereon alleges that at all times relevant herein, there were in effect various codes, regulations, statutes, and/or ordinances that were enacted and/or adopted in order t0 establish minimum building standards and/or prohibit certain activities t0 safeguard life, health, property, and public welfare. More specifically, Title 24 of the California Code ofRegulations as well as other State and/or local statutes, ordinances, and/or regulations, were in effect at all times relevant herein as the law in all relevant jurisdictions and applicable t0 the design, development, renovation, conversion, maintenance, ownership, operation and construction 0f the Subj ect Property. 69. Plaintiff is informed and believes and thereon alleges that the adoption of said codes, statutes, ordinances, and/or regulations was for the purpose of protecting Plaintiff and/or its members and others similarly situated from the type of injury and damages alleged herein. 70. Plaintiff is informed and believes and thereon alleges that in doing the acts complained 0f in this Complaint, Defendants, and each 0f them, violated various Uniform Building Code provisions and other pertinent codes, statutes, ordinances, and/or regulations then in full force and effect, and that such Violations were the direct and legal cause 0f the defects and damages Which the codes, statutes, ordinances, and/or regulations were designed to prevent and that Plaintiff and its members are in the class 0f persons for whose protection said codes, statutes, ordinances, and/or regulations were enacted and adopted. 71. Accordingly, Defendants are thereby presumed to have been negligent by the application of the principles of negligence per se, subject to proof 0f damages resulting therefrom. 72. As a direct and proximate result of the Defendants’ negligence and the defects as described hereinabove, Plaintiff has and Will suffer damages as alleged herein. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as is hereinafter set forth. / / / / 1 8 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EIGHTH CAUSE OF ACTION STRICT LIABILITY - PRODUCTS LIABILITY (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 73. Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 72, above, inclusive, as though fully set forth herein. 74. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC., and DOES 1-300, and each 0fthem, were designers, suppliers and/or manufacturers of specific materials and/or components furnished to and incorporated in the Subj ect Property. 75. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned, said Defendants, and each 0f them, were involved in the business of designing, manufacturing, and/or supplying the materials and/or components for the construction of and/or installation in commercial condominium units such as and specifically including the Subject Property. 76. Participating as aforesaid in the process of manufacture of, design 0f, and/or supply 0f the materials and components to the Subj ect Property, Defendants, and each of them, knew that said property would be used by members of the general public for use as commercial units. 77. Plaintiff relied upon the skill, knowledge and expertise of each of the Defendants herein and their participation in the manufacture 0f, design of, supply of and construction of the materials and/or components t0 the Subject Property that would be reasonably fit for their intended purpose. 78. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, knew or had reason to know that the materials and/or components were defectively manufactured and/or designed in such a manner that defects exist which affect or concern the integrity of the buildings and/or the health and safety of the owners of the Subject Property. 79. Plaintiff is informed and believes and thereon alleges that Defendants knew or had reason to know that the purchasers of the Subject Property would rely 0n the skill, judgment and 1 9 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expertise 0f each of the Defendants herein in designing, manufacturing and/or supplying the materials and/or components that were represented t0 be reasonably fit for their intended purpose. 80. At all material times, Plaintiff was not versed in the design, manufacture and installation of the materials and/or components designed, manufactured and/or supplied by Defendants and relied upon the skill, expertise and reputation of said Defendants, t0 design, manufacture and supply materials and/or components reasonably fit When used in the manner intended and/or reasonably foreseeable to Defendants, which, in turn, would not result in any defects 0r damages t0 the Subj ect Property. 81. Plaintiff has become aware of facts which, upon investigation, resulted in Plaintiff being informed and believing the materials, products and/or components supplied, manufactured, and/or designed by Defendants were defective, not fit for their intended purpose, and not manufactured, constructed, tested, prepared, evaluated, engineered 0r produced in a reasonable and workmanlike manner. As a result of these defects, Plaintiff has and will continue t0 sustain damages. 82. Plaintiff is informed and believes and thereon alleges that by Virtue of their status as manufacturers, designers, and suppliers 0f the materials and/or components supplied and/or filmished t0 the Subject Property, said Defendants are strictly liable t0 Plaintiff for all damages suffered as a result of the defects and deficiencies caused by their respective products and/or components. 83. That Defendants, and each of them, as participants in the development, design 0f, manufacture 0f and/or supply of the identified materials and/or components t0 the Subj ect Property are strictly liable and responsible to Plaintiff for all damages suffered as a result of the above- described conduct and workmanship including, but not limited t0: a. That as a direct and proximate result 0f the aforesaid defective materials, and/or components, Plaintiff’s interest in the Subject Property and the value thereof has been reduced and diminished in an amount presently unknown but the precise amount of Which Will be established at the time of trial. // 20 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. That as a direct and proximate result of the aforesaid defective materials and/or components, Plaintiff has incurred and Will incur resulting damage 0n account of the defective materials and/or components including, but not limited t0, expenses and damages for the repair and restoration 0f the Subj ect Property. Plaintiff is informed and believes and thereon alleges that the defective conditions in the materials and/or components as described herein, and each 0f them, were at all times latent and not readily apparent and could not have been discovered by Plaintiff through the exercise 0f reasonable diligence and/or by reasonable inspection. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as is hereinafter set forth. NINTH CAUSE OF ACTION NEGLIGENCE (DESIGN PROFESSIONALS) (as t0 DOES 201-250) 84. Plaintiff re-alleges and incorporates by this reference Paragraphs 1-83, above, inclusive as though fully set forth herein. 85. Plaintiff is informed and believes and thereon alleges that DOES 201-250, and each 0f them, performed design work, construction management and/or supervision of the proj ect and/or selected the materials for construction related t0 the development of the Subject Property as set forth hereinabove. 86. Defendants, and each 0f them, were under a duty to exercise ordinary care t0 avoid foreseeable injury t0 users and purchasers 0f the Subj ect Property and improvements, and knew 0r should have foreseen With reasonable certainty that purchasers and/or users would suffer the monetary damages set forth herein if said Defendants, and each ofthem, failed to perform their duty t0 cause the property and improvements t0 be developed, designed and constructed in a proper and workmanlike fashion. 87. Defendants, and each 0f them, failed and neglected to perform their work, labor, and services properly 0r adequately in that said Defendants, and each ofthem, so negligently, carelessly, and in an unworkmanlike fashion performed the aforesaid work, labor, supervision, and/or services 2 1 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 such that the Subject Property, improvements and its systems were constructed improperly, negligently, carelessly, and in an unworkmanlike fashion as set forth in Paragraphs 14 and 15 above. 88. Plaintiff is further informed and believe and thereon allege that the defects and damages are continuing in nature and cumulative. 89. Plaintiff is informed and believes and thereon allege that as a direct and proximate result 0fthe defects and the negligent conduct ofDefendants, and each ofthem, Plaintiffhas incurred and will incur further substantial repair costs. Plaintiff has also been required to spend extra sums, not planned and not budgeted, for periodic maintenance. Plaintiff is informed and believes and thereon alleges that When the above-mentioned deficiencies are remedied, periodic maintenance Will be required, over and above such maintenance as would be necessary if the improvements had been constructed free from such deficiencies and in a reasonable and workmanlike manner. 90. Plaintiff is informed and believes and thereupon alleges that as a further direct and proximate result of the defective conditions and the conduct of Defendants, and each 0f them, Plaintiffwill lose the filll use 0f the Subject Property, during the period of repairs and will be fithher damaged by the cost 0f this displacement. Said amounts are presently unknown, but Which amounts will be established at the time of trial, according t0 proof. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them, as hereinafter set forth. TENTH CAUSE OF ACTION NEGLIGENT MISREPRENTATION (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 91. Plaintiff realleges and incorporates by this reference Paragraphs 1-90, above, inclusive as though fully set forth herein. 92. Plaintiff is informed and believes and thereon alleges that Defendant TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC., and Does 1-300 knew and intended that the Subject Property would be used by Plaintiff and its members for ordinary commercial and community use purposes common t0 such developments. 22 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 93. Plaintiff is informed and believes and thereon alleges that prior t0 the sale 0f the Subj ect Property, said Defendants each knew or had reason to know that the Subj ect Property was not built in conformance with applicable building codes, manufacturers’ specifications, and/or common construction standards, which rendered the Subject Property unsafe, unmarketable, and unsuited for its intended use. Defendants failed t0 disclose any and/or all of the construction defects and unworkmanlike construction and negligently misrepresented t0 Plaintiffand/or its members that the Subject Property was free from construction defects and fit for ordinary commercial purposes, and/or made negligent misrepresentations regarding repairs to and/or the condition 0f the Subject Property. Defendants, and each 0f them, made these representations With n0 reasonable ground for believing them t0 be true, in that Defendants knew 0r should have known that the project was defectively constructed. Defendants failed t0 disclose these material facts and concealed the same from Plaintiff and/or its members despite Defendants’ duties t0 disclose these material facts to Plaintiff and/or its members. 94. Plaintiff is informed and believes and thereon alleges that Defendants made these misrepresentations With the intent to induce Plaintiff and/or its members t0 purchase the defective Subj ect Property. 95. Actually and justifiably relying upon such negligent misrepresentations as herein alleged, Plaintiff’s members who were unaware 0f the true material facts, purchased their units at the Subject Property. The facts which were misrepresented t0 Plaintiff and its members were material to their decision t0 purchase their units at the Subject Property. 96. As a direct and proximate result 0f the defects and Defendants’ conduct, Plaintiffhas and will suffer damages as alleged herein. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as is hereinafter set forth. / / / / / / / / 23 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELEVENTH CAUSE OF ACTION FRAUD NON-DISCLOSURE (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 97. Plaintiff realleges and incorporates by this reference Paragraphs 1-96, above, inclusive as though fully set forth herein. 98. Plaintiff is informed and believes and thereon alleges that Defendant TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC., and Does 1 to 300, and each of them, knew 0f facts materially affecting the value and desirability 0f the Subject Property and/or made representations regarding the condition of and/or repair or renovations t0 the Subject Property, and Which were known and accessible only t0 them, namely that the Subject Property contained some 0r all of the certain construction defects set forth hereinabove, Which rendered the Subject Property unsafe, unmarketable, and unsuited for its intended use. Said, Defendants knew that these material facts were not known to Plaintiff 0r its members and that they could not be discovered by the diligent attention and observation of Plaintiff or its members at the time 0f purchase of the Subject Property. Under such circumstances, Defendants each owed an affirmative duty to Plaintiff and/or its members to disclose such material facts and breached said duty by Virtue 0f their respective failures t0 so disclose at the time 0f the various sales of the Subj ect Property to Plaintiff and its members and/or their predecessor(s) in interest. 99. Plaintiff is informed and believes and thereon alleges that Defendants failed t0 disclose these material facts With the intent to induce Plaintiff and its members and/or their predecessor(s) in interest to purchase the defective Subject Property. As a result of each of the Defendants’ fraud and/or nondisclosure, Plaintiff and its members or their predecessors were unaware of the true material facts When they purchased their units at the Subj ect Property. 100. As a direct and proximate result of the defects and Defendants’ conduct, Plaintiffhas and Will suffer damages as alleged herein. 101. Plaintiff is informed and believes and thereon alleges that the aforementioned conduct of Defendants was oppressive, malicious, fraudulent, and deceitful and done With the 24 COMPLAINT FOR DAMAGES Attorneys at Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L.L.P. Alameda, CA 94501 Telephone: (5 10) 864-3600 Facsimile: (5 10) 864-3601 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 intention 0n the part of Defendants, and each of them, 0f depriving Plaintiff and its members of the benefit of their bargain and/or otherwise causing injury t0 Plaintiff and/or its members, and was despicable conduct that subjected Plaintiff and its members to a cruel and unjust hardship in conscious disregard 0f Plaintiff’s and its members’ rights, so as to justify an award of exemplary and punitive damages. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as is hereinafter set forth. TWELFTH CAUSE OF ACTION PRIVATE NUISANCE (as t0 Defendants TWN INVESTMENT GROUP, LLC, REEVE-KNIGHT CONSTRUCTION, INC. and DOES 1-300) 102. Plaintiff realleges and incorporates by this reference Paragraphs 1-101, above, inclusive as though fully set forth herein. 103. Defendants and each 0f them owned, developed, designed, and/or constructed, occupied, controlled, and maintained the Subject Property in a manner Which created or permitted the conditions as alleged in Paragraphs 14 and 15 above to exist at the Subject Property. 104. Plaintiff is fithher informed and believes that the conditions alleged in Paragraphs 14 and 15 above, Which were created 0r permitted t0 exist by Defendants and each of them Without the Plaintiff” s consent, are an obstruction t0 the free use 0f the Subj ect Property, and have interfered With and continue t0 interfere With Plaintiff’ s comfortable use and private enjoyment 0f the Subj ect Property. 105. Defendants’, and each of their, interference was and is substantial and unreasonable, requiring Plaintiff, among other things, t0 incur significant sums ofmoney t0 repair these conditions. Plaintiff has also been required t0 spend extra sums, not planned and not budgeted, for periodic maintenance. Plaintiff is informed and believes and thereon alleges that when the above-mentioned deficiencies are remedied, periodic maintenance Will be required, over and above such maintenance as would be necessary if improvements had been constructed free from such deficiencies and in a reasonable and workmanlike manner. 25 COMPLAINT FOR DAMAGES CHAPMAN & INTRIERI, L L P Anomeys at Law 2236 Manner Square Dnve, Sun: 100 Alameda CA 9450i Telephone ($10) 864-3600 FaCSImIIe (5 l0) 364-360l UI-hUJN \OOOVON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 106. Defendants’ interference caused and continues to cause Plaintiff to suffer injury, damage, loss, and/or harm to the Subject Property in an amount exceeding the jurisdictional minimum requirement for this court. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants and each of them, as follows: 1. For general and special damages against all Defendants in a sum according to proof; 2. For the cost to repair the damages to the Subject Property and correct the deficiencies in design and/or construction in a sum according to proof; 3. For the cost t0 investigate and repair the damages to the Subject Property and correct the deficiencies in design and/or construction in a sum according to proof; 4. Pre-judgment interest at the legal rate, for all damages reasonably ascertainable; 5. For attorney’s fees and costs of suit incurred herein; and 6. For such other and further relief as the Court deems just and proper. DATED: March 23, 2021 CHAPMAN & INTRIERI, L.L.P. J W. Chapman ark G. Intrieri J. Spencer Edgett John F. Baumgardner Attorneys for Plaintiff VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION 26 COMPLAINT FOR DAMAGES