Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.March 26, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar numosr, and address(: DARI(EL K, YASUTAKE (SBN 142927) MiRIAM P. MAXWELL (SBN 99924) YASUTAKE & ASSOCIATES, a Professional Corporation 6200 Center Street, Suite 280 Clayton, CA 94517 TELEPHONENo:(925) 680-4266 FARED.(optional(. (925) 680-4259 E-MAIL ADDRESS (Op(rona(i. nllnaXWellghy-litigatnrS.COm ATTORNEY FOR (Namei. Plaintiff S1 ATE FARM GENERAL INSURANCE COMPANY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREBB; 191 North First Street MAILING ADDRESS: CRYANDZIPCODE: Sail lose, CA 95113 BRANCH NAME: PLAINTIFF; STATE FARM GENERAL INSURANCE COMPANY PLD-PI-001 FOR COURT USE ONLY DEFENDANT: HOSE ASSEMBLIES, INCJ SEARS, ROEBUCK AND COJ and Mx OTHER (specify): Insurmtce Subrogation~ Wrongful Death~ Other Damages (specify)( ~x DOES1TO 20 COIIIIPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number) J Type (check a/I that apply): M MOTOR VEHICLE ~x Property Damage~ Personal Injury Jurisdiction (check all that app/y): Mx ACTION IS A LllyIITED CIVIL CASE Amount demanded ~ does not exceed $10,000 ~x exceeds $10,000, but does not exceed $25,000M ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited 1. Plaintiff (nsme or names): STATE FARM GENERAL lNSURANCE COMPANY CASE NUMBER'lleges causes of action against defendant (name or names): HOSE ASSEMBLIES, INCJ SEARS, ROEBUCK AND COJ and DOES I through 20 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. ~x except plaintiff (name): STATE FARM GENERAL INSURANCE COMPANY (1) Mx a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a public entity (describe): (4) ~ a minor H an adult (a) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) M other (specify): (5) ~ other (specify): b. M except plaintiff (name)( (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a public entity (describe): (4) Cj a minor C] an adult (a) M for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify): (5) ~ other (specify)( Form Approved for Optional Use Judicial Counml of Calrfomia PLD-PIP001 [Rsv. January 1. 2007) COMPLAINT-Personal Injury, Property J.efyal Damage, Wrongful Death Solutfonfr ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page I of 3 Code of Civil Procedure, g 420. I 2 E-FILED 3/26/2021 4:23 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381413 Reviewed By: D Harris 21CV381413 sHoRT TITLE: STATB FARM GENERAL INSURANCE COMPANY v. HOSE ASSEMBLIES, INC., et el. CASE NUMBER. PLD-Pl-001 4. M Plaintiff (name): is doing business under the fictitious name (specify); 5. and has complied with the fictitious business name laws. Each defendant named above is a natural person a. ~x exceptdefendant (name): HOSE ASSEMBLIES, INC. c. ~ except defendant (name): (1) ~x a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) M a public entity (describe): (5) ~ other (speciyy). (4) ~ a public entity (describe); (5) ~ other (specify)7 b. Mx except defendant (name): SEARS, ROEBUCI& AND CO. d. M except defendant (name): (1) M a business organization, form unknown (2) ~x a corporation (3) ~ an unincorporated entity (describe): (1) M a business organization, form unknown (2) M a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) M other(specify): (4) M a public entiiy (describe): (5) M other (specify): ~ Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. a. ~x Doe defendants (specify Doe numbers): I throuvh 20 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b, ~x Doe defendants (specify Doe numbers): I throuah 20 are persons whose capacities are unknown to plaintiff.~ Defendants who are joined under Code of Civil Procedure section 382 are (names): This court is the proper court because a. M at least one defendant now resides in its jurisdictional area. b. ~ the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. ~x injury to person or damage to personal property occurred in its jurisdictional area. d. ~ other (specify)7 ~ Plaintiff is required to comply with a claims statute, and a. ~ has complied with applicable claims statutes, or b. ~ is excused from complying because (specify): PLB-PP001lRev.January 1,20071 COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 of 3 sHQRT TITLE: STATE FARM GENERAL INSURANCE COMPANY v. HOSE ASSEMBLIES, INC., et al. CASE NUMBER. PLD-PI-001 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. M Motor Vehicle b. ~x General Negligence c. ~ Intentional Tort d. ~x Products Liability e. M Premises Liability f, M Other (specify): 11. Plaintiff has suffered a. M wage loss b. ~ loss of use of property c. M hospital and medical expenses d. M general damage e. ~ property damage f. ~ loss of earning capacity g. ~x other damage (specify): State Farm indenutified its insured for the property damage and loss of use ofhis property as a result of the actions of defendants, and is seeking subrogation damages from defendants in the amount of $ 11,931.81, ph)s the insured's deductible of $2,381, for a total of $ 14,312.81. 12. M The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ~ listed in Attachment 12. b. ~ as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) ~x compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1))) (1) ~x according to proof (2) ~x in the amount of: 8 See Par. I I.g. above. I 5. ~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 26, 2021 MIRIAM P. MAXWELL (TYPE OR PRINT NAME) PLO-Pt-00I iRev. Jeeeery I, 2007] LSIGNATURE OII PLAINTIFF OR ATTORNEY) COtIPLAINT-Personal Injury, Property Damage, Wrongful Death Pege 3 ef 3 sHQRT TITLE: STATE FARM GENERAL INSURANCE COMPANY v. HOSE ASSEMBLIES, INC., et al. CASE NUMBER PLD-PI-001(5) FIRST (number) CAUSE OF ACTION-Products Liability Page 4 ATTACHMENT TO ~x Complaint H Cross-Complaint (Use a separate cause of action form foreach cause of acf/on.) Plaintiff (name): STATE FARM GENERAL INSURANCE COMPANY Prod. L-1. On or about (date): September 7, 2019 plaintiff was injured by the following product: A hot water line in back of State Farm's insured's Kenmore washing machine ruptured, spewing water into his home, located at 4410 Calle de Farrar, San Jose, including the laundiy room, garage, living rooin and sun room. State Farm indemnified its insured for the damage caused thereby in the amount of $ 11,931.81, and is seeking that amount fiom defendmits, plus the insured's $2,381.00 deductible, for a total of $ 14,312.81. Prod. L-2. Each of the defendants knew the product would be purchased and used without inspection for defects. The product was defective when it left the control of each defendant. The product at the time of injury was being ~x used in the manner intended by the defendants, used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not readily apparent. Adequate warnings of the danger were not given, Prod, L-3. Plaintiff was a ~x purchaser of the product. M user of the product. bystander to the use of the product. ~x other (spec/fy): State Farm is the insurance carrier for the purchaser/user of the product. PLAINTIFF'S INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING: Prod. L-4. ~ Count One-Strict liability of the following defendants who a. ~x manufactured or assembled the product (names): HOSE ASSEMBLIES, INC. and M Does I to 10 b. ~x designed and manufactured component parts supplied to the manufacturer (names): HOSE ASSEMBLIES, INC. and ~x Does I to 10 c. Mx sold the product to the public (names): SEARS, ROEBUCK AND CO. and ~x Does 11 to 20 Prod. L-5. Mx Count Two-Negligence of the following defendants who owed a duty to plaintiff (names): HOSE ASSEMBLIES, INCJ SEARS, ROEBUCK AND CO, and ~x Does I to 20 Prod. L-6. ~x Count Three-Breach of warranty by the following defendants (names): HOSE ASSEMBLIES, INCJ SEARS, ROEBUCK AND CO. and Mx Does I to 20 a. ~x who breached an implied warranty b. M who breached an express warranty which wasH written Cj oral Prod. L-7. M The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are M listed in Attachment-Prod. L-7 M as follows: Form Approved for Optional Uaa Judicial Council of Caefomia PLC-Pr-001(5) IRev. January 1, 20071 Page 1 of 1 CAUSE OF ACTION-PrOduCta Liability Legal code ofcivrr Prccedure, 5425 12 Solutfons. SHORT TITLE: STATE FARM GENERAL INSURANCE COMPANY v. HOSE ASSEMBLIES, INC., et al. CASE NUMBER PLD-PI-001(2) SECOND CAUSE OF ACTION-General Negligence (number) ATTACHMENT TO M Complaint M Cross-Complaint Page 5 (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): STATE FARM GENERAL INSURANCE COMPANY alleges that defendant (name): HOSE ASSEMBLIES, INC4 SEARS, ROEBUCK AND CO4 AND M Does I to 20 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date)f September 7, 2019 at (place): 4410 Calle de Farrar, San Jose, CA 95118 (description of reasons for liability): When State Farm's insured, Jason Qui)es, discovered he had no hot water, he checked the hot water heater in his garage, and found standing water. The hot water hose to his 2015 I&enmore washing machine, whioh he had purchased from Sears Roebuck and Co. (nSearsn), had ruptured and was spewing water into his home, State Farm's expert determined that the rupture was caused by a defect in the hose which was manufactured by Hose Assemblies, Inc. (nHose Assemblies" ). Defendant Sears and Hose Assemblies each had a duty to use reasonable care in manufacturing and selling a product to the insured which would not fail, causing the flooding of his home. In addition, and in the alternative, Sears had a duty to the insured to ensure that its employees or contraotors who installed the washing machine in the insured's home did so in a manner not to cause the hose to fail, which resulted in the flooding of his home. Both defendmits breached their respeotive duties in manufacturing, selling, and/or installing the washing machine in such a manner that the hose ruptured. The rupture of the hose caused water damage to the insured's home, including the garage, laundry room, sun room and living room, as well as sonic of his personal property therein. State Farm indemnified its insured for the above-desoribed damage in the amount of $ 11,931.81, and is seeking that amount in damages from the defnidants, plus the insured's $2,381 deduotible, for a total of $ 14,312.81. Form Approved for Oplional Uee Judicial Counul of Ceafornie PL D-Pf-007 (2) IRev. January 1, 2007 i Pace 1 of1 Code of Clvd Proceduree2012 CAUSE OF ACTION-General Negligence