Complaint Limited 10K and 25KCal. Super. - 6th Dist.March 26, 2021ELGUIND‘I’ MEYERa KOEGELm «5| 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/26/2021 3:41 PM Clerk of Court ELGUINDY, MEYER & KOEGEL, APC Superior Court 0f CA,DAVID L. PRICE, State Bar Number 88696 County Of Santa Clara dprice@emklawyers. com 2990 Lava Ridge Court, Suite 205 2R1e$¥3VBe1d4gg M Vu Roseville, CA 95661 Telephone: (916) 778-33 10 Facsimile: (9 1 6) 330-4433 Attorneys for PlaintiffQUALITY FIRST HOME IMPROVEMENT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA QUALITY FIRST HOME IMPROVEMENT, Case No.: 21 CV381 405 INC., [LIMITED CIVIL] Plaintiff, VS- PLAINTIFF QUALITY FIRST HOME IMPROVEMENT, INC.’s COMPLAINT FLAUBERT ANDRES; and FOR BREACH 0F CONTRACT DOES 1 through 25, inclusive, Defendants. Plaintiff Quality First Home Improvement, Inc. (“Quality” or “Plaintiff”) hereby alleges as follows: FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 1. Plaintiff is now, and at all material times has been, a corporation licensed t0 d0 business and in good standing pursuant to the laws of the State of California. Plaintiff is also a general contractor duly licensed as such pursuant to the laws of California. 2. Plaintiff is informed and believes and based thereon alleges that Defendant FLAUBERT ANDRES (“Defendant”) is a resident 0f Santa Clara County, California and this judicial district. /// 1 COMPLAINT ELGUIND‘I’ MEYERa KOEGELm «5| 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Plaintiff is ignorant of the true names and capacities 0fthose Defendants sued herein as DOE 1 through 25, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. 4. Plaintiff is further informed and believes that each 0f the fictitiously named Defendants is indebted t0 Plaintiff as herein alleged and that the Plaintiffs rights against such fictitiously named Defendants arise from such indebtedness. 5. Plaintiff is further informed and believes that at all times referenced in this complaint that Defendants, including the fictitiously named Defendants, were the agents or employees 0f the remaining Defendants herein and when performing the acts complained ofwere acting in the course and scope of said agency or employment. 6. Plaintiff is also informed and believes that at all times referenced in this complaint that Defendant is and was the owner or reputed owner of that certain real property situated in the County 0f Santa Clara, State 0f California and described as follows: 3074 Capewood Lane, San Jose, CA 95 132 (“the Property”). 7. Between approximately January 3, 2020 and August 11, 2020, both inclusive, Plaintiff furnished and supplied t0 the Defendant at Defendant’s special insistence and request, certain labor and materials to be used and Which were actually used in the works of improvement consisting 0f: (a) Window installation at the Property, (b) garage door installation at the Property, and (c) patio door installation at the Property. 8. On 0r January 3, 2020, Plaintiff and Defendant entered into a written contract pursuant to Which Defendant engaged the services of Plaintiff to provide the above-described labor and materials for construction/home improvement services at the residence located at the Property. The agreed contract price and the reasonable value 0f the labor and materials originally agreed to be provided by Plaintiff was the sum of nineteen thousand seven hundred and seventy-nine dollars ($19,779.00). With credits for all payments 0n account with respect t0 the contract, there is now due and owing to Plaintiff for and on account thereof, the total of eighteen thousand seven hundred and seventy-nine dollars ($18,779.00), plus interest as allowed by law. / / / 2 COMPLAINT ELGUIND‘I’ MEYERa KOEGELm «5| 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Plaintiff has performed all covenants, conditions and promises required of Plaintiff pursuant to Plaintiff s contract With Defendant. contract by failing and refusing and by continuing t0 fail and to refuse to pay to Plaintiff the sums otherwise due and owing by said Defendant to Plaintiff. As a direct and proximate result thereof, Plaintiff has sustained and continues to sustain damages, all as Will be proven at trial. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 1. For general damages in the amount eighteen thousand seven hundred and seventy- nine dollars ($18,779.00) or such other sum as may be proven at trial; 2. For special damages according to proof at the time of trial; 3. For pre-judgment interest 0n the aforesaid described sums as allowed by law; 4. For reasonable attorneys” fees as allowed by law; and 5. For such further relief as the Court may deem just and appropriate. Dated: March 26, 2021 Respectfully submitted, ELGUIND YER & KOEGEL, APC By: / Mid L. Price, Esq. Attorneys for Plaintiff QUALITY FIRST HOME IMPROVEMENT, INC. 3 COMPLAINT Said Defendant, however, has breached said