Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.April 1, 2021

TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): iTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): o LY Brian M. Wong, Esq., SBN 303161 4/1/2021 quUfiR/l Law Offices of Robert A. Stutman, P.C. 1260 Corona Pointe Court, Suite 306 SUperior court 0f CA, Corona, CA 92879 County of Santa Clara E_F!LED PLD-PI-001 Clerk of Court (951) 387-4700 FAX No. (Optional): (951) 963-1 298 21 CV381 459 WongB@Stutmanlaw.com Reviewed By: D Harris Plaintiff Philadelphia Indemnity Insurance Company STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara 191 North First Street 191 North First Street San Jose 951 13 Downtown Superior Court E DOES 1 To 10, PLAINTIFF: Philadelphia Indemnity Insurance Company DEFENDANT: Aegis Fire Systems, LLC; and inclusive COMPLAINT-Personal Injury, Property Damage, Wrongful Death D AMENDED (Number): Type (check aII that apply): D MOTOR VEHICLE E OTHER (specify): Negligence E Property Damage D Wrongful Death D Personal Injury D Other Damages (specify): Jurisdiction (check D ACTION Is RE D from unli D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000 21 CV381 459 g ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D from limited to unlimited all that apply): CASE NUMBER: D exceeds $1 0,000, but does not exceed $25,000 CLASSIFIED by this amended complaint mited to limited 1. Plaintiff (name or names): Philadelphia Indemnity Insurance Company alleges causes of action against defendant (name or names):AegiS Fire Systems, LLC; and Does 1 to 10, inclusive N This pleading, including attachments and exhibits, consists ofthe following number of pages: 4 3. Each plaintiff named above is a competent adult a. g except plaintiff (name): Philadelphia Indemnity Insurance Company (1) g (2) D (3) D (4) D (5) D a corporation qualified to do business in California an unincorporated entity (describe): a public entity (describe): a minor D an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (specify): other (specify): b. D except plaintiff (name): (1) D (2) D (3) D (4) D (5) D a corporation qualified to do business in California an unincorporated entity (describe): a public entity (describe): a minor D an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (specify): other (specify): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Form Approved for Optional Use Judicial Council of California PLD-PI-oo1 [Rev. January1, 2007] Damage, Wrongful Death American LegalNet. lnC- Page 1 of 3 COMPLAINT_PersonaI Injury, Property Code Of Civil Procedure, § 425.12 www. courtinfo. ca.gov www.Forms Workflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: Philadelphia Indemnity Insurance Company v. Aegis Fire Systems, LLC, et al. 4. D 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. g except defendant (name):Aegis Fire Systems, LLC c. D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) g other (specify): Limited liability company (5) D other (specify): b. D except defendant (name): d. D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify).- (5) D other (specify).- D 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. g Doe defendants (specify Doe numbers): 1 t0 1O were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. g Doe defendants (specify Doe numbers):1 to 1O are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. D at least one defendant now resides in its jurisdictional area. b D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. g injury to person or damage to personal property occurred in its jurisdictional area. d D other (specify): 9. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): PLD-PI-OO1 [ReV. January 1, 2007] COMPLAINT_PersonaI Injury, Property Page 2 Of3 Damage, Wrongful Death American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: Philadelphia Indemnity Insurance Company v. Aegis Fire Systems, LLC, et al. 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): DDDDED 11. Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage (specify): Pursuant to the terms of the insurance policy issued by Plaintiff t0 its insured, plaintiff made payments to the insured in the amount of $88,709.17 and Plaintiff has thereby been damaged and subrogated to the rights of its insureds against Defendants in said sum. EDDDDDD 12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. D 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) E compensatory damages (2) D punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) E according to proof (2) D in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 31, 2021 Brian M. Wong >73WWaw (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR/K/{RNEW PLD-PI-001 [Rev. January 1, 2007] COMPLAINT_Persona| Injury, Property Page 3 of3 Damage, Wrongful Death American LegalNet, Inc. www.FormsWoflcflowcom PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: Philadelphia Indemnity Insurance Company v. Aegis Fire Systems, LLC, et al. First CAUSE OF ACTION-General Negligence Page 4 (number) ATTACHMENTTO g Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Philadelphia Indemnity Insurance Company alleges that defendant (name):AegiS Fire Systems, LLC; and E Does1 to 1O 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): April 4, 2018 at (place): 355 Santana Row, Suite 2010, San Jose, CA 95128 (description of reasons for liability): On April 4, 2018 Defendants were performing work pursuant to a contract in the commercial property located at 355 Santana Row, Suite 2010, San Jose, CA 95128. Plaintiff is informed and believes that, in the course of the work, Defendants turned off the wrong valve while replacing fire sprinkler heads and disconnected a sprinkler head that was still connected to a pressurized line resulting in a substantial release of water. Plaintiff's insured was at all relevant times a tenant in the commercial property. The water release caused water damage to tenant improvements and related damages which were covered under Plaintiff‘s policy of insurance with the tenant. Pursuant to the policy of insurance Plaintiff made payments to its insured and is subrogated in that amount. Page 1 of 1 Code of Civil Procedure 425.12Form Approved for optional use CAUSE OF ACTION-General Negligence www_courfinfo_ca_govJudicial Council of California PLD-PI-001(2) [Rev. January 1, 2007] American LegalNet, Inc. www.FormsWorkf/ow.com