Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.April 1, 2021PLD-PI-001 fiTTIolRNEéORSPtARTY WSITfi3EIT§T9TZFiN§Y Tame, StatePBaréumfig, and aédfisfi 97266 E_F|LEDFOR COURT USE ONLY 0 n . em, , ames . 0 ms, _The Boccardo Law Firm, Inc. 4/1/2021 12200 AM 111 West St. John St., Suite 400 Clerk 0f Court San Jose’CA 95113 Superlor Court of CA, TELEPHONENO; 408-298-5678 mo. (Optional); 408-298-7503 County 0f Santa Clara E-MAIL ADDRESS (Optional); 'stejn@boccardo.com, jcollins@boccard0.com 21 CV381 448 ATTORNEY FOR(Name): lalntl f Reviewed By: D Harris SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 NOI‘th FiI‘St Street MAILING ADDRESS: 191 NOI‘th FiI‘St Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: DOWIltOWIl Courthouse PLAINTIFF: Vera Fox, individually, Herbert Fox, individually DEFENDANT: Aquatek Plumbing, Inc., a California Corporation; American Management Services, Inc., a California Corporation; Blossom Hill Estates N0. 2 Homeowners Association, a California Corporation DOES 1 To 10 COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply):E MOTOR VEHICLE OTHER (specify): construction contaminationE Property Damage E Wrongful Death Personal Injury E Other Damages (specify): Jurisdiction (check all that apply):E ACTION Is A LIMITED CIVIL CASE CASE NUMBER; Amount demanded E does not exceed $1 0,000E exceeds $10,000, but does not exceed $25,000 21 CV381 448 ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by this amended complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff (name or names):Vera Fox, individually, Herbert Fox, individually alleges causes of action against defendant (name or names): Aquatek Plumbing, Inc., a California Corporation; American Management Services, Inc., a California Corporation; Blossom Hill Estates N0. 2 Homeowners Association, a California Corporation 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1) E a corporation qualified to do business in California (2) E an unincorporated entity (describe): (3) E a public entity (describe): (4) E a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5) E other (specify): b. E except plaintiff (name): (1) E a corporation qualified to do business in California (2) E an unincorporated entity (describe): (3) E a public entity (describe): (4) E a minor E an adult (a) E for whom a guardian or conservator ofthe estate or a guardian ad litem has been appointed (b) E other (specify).- (5) E other (specify): E Information about additional plaintiffs who are not competent adults is shown in Attachment 3. P 1 f3age o Judicial Council of California Form Approved for Optional Use COMPLA'NT_Persona| |njury’ Property F%al Code of Civil Procedure, § 425.12 PLD-PI-oo1 [Rev. January 1. 2007} Damage, Wrongful Death Soflpflg PLD-PI-001 SHORT TITLE: Fox V. Aquatek Plumbing, Inc., et a1. CASE NUMBER: 4. E Plaintiff (name).- is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): Aquatek Plumbing, Inc. (1) E a business organization, form unknown (2) acorporation (3) E an unincorporated entity (describe): (4) E apublic entity (describe): (5) E other(specify): b. except defendant(name): American Management Services, Inc. (1) D a business organization, form unknown (2) acorporation (3) E an unincorporated entity (describe): (4) D apublic entity (describe): (5) E other (specify).- c. except defendant (name): Blossom Hill Estates N0. 2 Homeowners Association (1)E a business organization, form unknown (2) a corporation (3)E an unincorporated entity (describe): (4)E a public entity (describe): (5)E other (specify): . D except defendant(name): (1)E a business organization, form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4)E a public entity (describe): (5)E other (specify): E Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. Doe defendants (specify Doe numbers): 1-10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 1-10 plaintiff. are persons whose capacities are unknown to 7. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. E at least one defendant now resides in its jurisdictional area. b. E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. E other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): PLD-PI-oo1 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: Fox V. Aquatek Plumbing, Inc., et a1. CASE NUMBER; 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): Motor Vehicle General Negligence Intentional Tort Products Liability Premises Liability Other (specify): Loss 0f Consortium as t0 Herbert Fox iiiiii 11. Plaintiff has suffered . E wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity a b C. d. e f. g other damage (specify): prejudgment interest as allowed by law. Ema!!! 12.E The damages claimed for wrongful death and the relationships of plaintiffto the deceased are a.E listed in Attachment 12. b.E as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) E punitive damages The amou nt of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) E in the amount of: $ 15.D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 29, 2021 John C. Stein ’ V905? C SW (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-oo1 [Rev. January 1, 2007] COMPLAINT_PersonaI Injury, Property Page 3 of3 Damage, Wrongful Death PLD-PI-oo1 (2) SHORT TITLE: Fox v. Aquatek Plumbing, Inc., et a1. CASE NUMBER; First CAUSE OF ACTION-General Negligence Page 4 (number) ATTACHMENT TO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Vera Fox, Herbert Fox alleges that defendant (name): A uqtek Plumbing, Ina, a Californiaporporation; American Management Serv1ces, Inc., a allforma Corporatlon; Blossom H111 Estates N0. 2 Homeowners Association, a California Corporation Does 1 to 10 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): 0r about April 15, 2019 at (place): 0r near 5498 Judith Street, Apt 1, San Jose, CA 95 123 (description of reasons for liability): a. Plaintiff is ignorant 0f the true names and capacities 0f defendants sued herein as DOES 1 t0 10, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff Will amend this complaint to allege their true names and capacities When ascertained. Plaintiff is informed and believes and thereon alleges that each 0f such fictitiously named defendants are negligently responsible in some manner for the occurrences herein alleged, and that plaintiffs injuries, as alleged herein were proximately caused by such negligence. b. Plaintiffs Vera Fox and Herbert Fox are longtime rental tenants at 5498 Judith Street, Apt 1, San Jose, CA 95 123 and have been for a considerable period 0f time. At some time prior t0 April 15, 2019, defendant Blossom Hill Estates N0. 2 Homeowners Association decided t0 d0 repair work 0n the units at 5498 Judith Street, San Jose, CA 95 123. Without any notice t0 tenants, defendant Blossom Hill Estates N0. 2 Homeowners Association and American Management Services, Inc. negligently and carelessly retained, supervised and controlled defendant Aquatek Plumbing, Inc. t0 perform repairs on plaintiffs' unit. Without any prior notice t0 the tenants (plaintiffs herein), defendant Aquatek Plumbing, Inc. entered the unit With the permission 0f the tenants upon their representation that defendant Blossom Hill Estates N0. 2 Homeowners Association had ordered this repair work. Defendant Aquatek Plumbing, Inc. negligently and carelessly created openings in the ceiling Which created a great deal 0f dust and debris Within the unit. That dust and debris contains asbestos Which can be detrimental t0 a human being Who inhales it. The roofing material contained other chemicals and materials Which can be harmful t0 a human being's respiratory system. In addition t0 negligently and carelessly creating openings in the ceiling, defendant Aquatek Plumbing, Inc. negligently and carelessly created holes in the walls t0 complete their repair work. That operation likewise created dust and floating particles Which contained chemicals Which are harmful t0 the human respiratory system. c. Plaintiffs complained t0 their landlord Who is a member 0f the homeowners' association, but he denied any knowledge concerning the dates When repairs were t0 be undertaken and/or completed. The work was undertaken Without any warning t0 the tenants t0 provide for their own protection from the dust and debris released by this plumbing proj ect. d. As a direct and proximate result 0f the work performed by Aquatek Plumbing, Inc. in plaintiffs' unit, sometime thereafter, plaintiff Vera Fox began t0 complain 0f respiratory irritations and her general health. As a result 0f the work undertaken by defendant Aquatek Plumbing, Inc. at 5498 Judith Street, Apt 1, San Jose, CA 95 123, plaintiff Vera Fox has sustained personal injury resulting in medical care, treatment and anxiety. Defendant Aquatek Plumbing, Inc. was negligent in the repair work they undertook Which caused personal injury t0 Vera Fox. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 JudiCia'C°”"°“°fca'”°’“ia CAUSE OF ACTION-General Negligence Sofiiegflg E&Pus PLD-PI-oo1(2) [Rev. January 1, 2007]
