ComplaintCal. Super. - 3rd Dist.September 14, 2018B S F O r 10 sel 12 3 14 io 16 dy 18 19 20 Zu 22 23 24 20 26 Za 28 Mark A. Serlin, CSBN: 122155 SERLIN & WHITEFORD, LLP 701 E Street Sacramento, CA 95814 SUPE Telephone: (916) 446-0790 NOOUNTY OF OL SEF ORNIA Facsimile: (916) 446-0791 Email: ms@swllplaw.com SEP 14 2018 JAKE CHATTERS Attorneys for Plaintiff By Ge WWE OFFICER & CLERK JD2, INC. y: ©. Vallan-Brown, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF PLACER WCV007131 JD2, INC., ) CASENO. $16 ) Limited Civil (Over $10,000.00) Plaintiff, ) ) vs. ) COMPLAINT FOR BREACH OF ) CONTRACT H2L1-CSC, JV, H2L1 ENGINEERING, ) INC., COLEMAN SPOHN ) CORPORATION, and DOES 1 through 10, _) inclusive, ) ) Defendants. ) ) 1. At all times herein mentioned, plaintiff JD2, Inc. (“JD2”) was a California corporation organized and carrying on its business in the State of California and a licensed contractor in the state of California. ps Defendant H2L1-CSC, JV (“Debtor”) is, and at all times relevant was, a joint venture doing business in California. 3. Defendant H2L1 Engineering, Inc. (“H2L1”) is, and at all time relevant was, a corporation doing business in California and a joint venture partner in Debtor. 4. Defendant Coleman Spohn Corporation (“CSC”) is, and at all time relevant was, a corporation doing business in California and a joint venture partner in Debtor. COMPLAINT FOR BREACH OF CONTRACT 1 JD2, Inc. v. H2L1-CSC,JV, et al. Case No. 10 11 iz 13 14 LD 16 dvi 18 19 20 21 22 23 24 25 26 Zi 28 5. JD2 is ignorant of the true names and capacities of defendants sued herein as DOES 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. JD2 will amend this complaint to allege their true names and capacities when ascertained. JD2 is informed and believes and thereon alleges that each of these fictitiously named defendants are responsible in some manner for the occurrences herein alleged, and that JD2’s damages as herein alleged were proximately caused by their conduct. 6. At all times herein mentioned, each of the defendants discussed above was and is the agent, servant, representative and/or employee of each of the other defendants and all of the things alleged to have been done by said defendants were done in the capacity of and as agent for each of the other defendants. 7. In or about October 2016, in Placer County, California, JD2 and Debtor entered into a written subcontract (“Contract”) for the provision of labor, services, materials, and supplies for a project located in California. 8. Pursuant to the Contract, JD2 furnished the labor, services, materials, and supplies to the California project. 9. JD2 has performed all conditions, covenants, and promises required of it under the Contract. 10. Debtor breached the Contract with JD2 by failing and refusing to pay JD2 in full the agreed amount due under the Contract. 11. Despite JD2’s demand therefor, the outstanding balance due under the Contract has not been paid, and the sum of $14,165.00 plus interest thereon is still due and owing thereon from Debtor to JD2. H2L, CSC, and Does 1-10, as joint venture partners of Debtor, are jointly and severally liable with Debtor for all amounts due under the Contract. 12. The Contract provides, inter alia, that if JD2 defaults thereon, Debtor shall also be entitled to recover its attorneys’ fees and costs in addition to other damages. Pursuant to California Civil Code § 1717, by reason of Debtor’s breach of the Contract, JD2 is entitled to recover its attorneys’ fees and costs to enforce the Contract. M1 COMPLAINT FOR BREACH OF CONTRACT 2. JD2, Inc. v. H2L1-CSC,JV, et al. Case No. W NO - 10 11 12 13 14 19 16 17 18 19 20 21 22 20 24 25 26 27 28 WHEREFORE, JD2 prays for judgment against the defendants, and each of them, jointly and severally, as follows: 1, For the sum of $14,165.00 plus interest thereon at the legal rate of 10% per annum (a rate equal to $3.88 per day) from and after June 30, 2017, until the date judgment is entered herein; 2 For attorneys’ fees and costs; 3. For costs of suit herein incurred; and 4. For such other and further relief as the Court may dgé pf prvropriate DATED: September AA, 2018 SERLIN i WTEFORD, LLP By: | MARK A. SERLIN, Attorneys for Plaintiff JD2, INC. S:\Active Files\JD2\H2L1\court docs\complaint.docx COMPLAINT FOR BREACH OF CONTRACT 3 JD2, Inc. v. H2L1-CSC,JV, et al. Case No.
