ComplaintCal. Super. - 3rd Dist.November 25, 20193) 6. = n N DW oo 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REESE LAW GROUP, APLC Tristan P. Espinosa, Esq., Bar # 312481 supers ai cis 3168 Lionshead Ave County of Piacer Carlsbad CA 92010 ~ 760/842-5850 NOV 25 2019 Attorneys for Plaintiff, Mx Jake Chatters STATE NATIONAL INSURANCE COMPANY Be: fi naaraen, Devan SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE BRANCH STATE NATIONAL INSURANCE Case No. COMPANY WCV0075296 Plaintiff, Vv. JERRY DOMONIC VASQUEZ, CARLOS COMPLAINT JAIME BRANDT AND DOES | TO 10, Amount Demanded: $15,000.00 Defendant 1. Plaintiff seeks $15,000.00. PRELIMINARY ALLEGATIONS 2. Plaintiff is a corporation qualified to do business in California and authorized to do business in this state as a surety company. 3. Defendant JERRY DOMONIC VASQUEZ is an individual. Defendant CARLOS JAIME BRANDT is an individual. 4, The true names and capacities of DOES 1 to 10 are unknown at this time. Plaintiff reserves the right to amend this complaint to substitute their true names, capacities and liabilities when they are ascertained. 5. This is the proper court because the underlying incident upon which this action is based VIA FAX occurred here. COMPLAINT 1 10 11 12 13 14 15 16 17 18 19 20 21 ae 23 24 25 26 27 28 FIRST CAUSE OF ACTION BREACH OF CONTRACT AGAINST ALL DEFENDANTS 6. Plaintiff incorporates the preceding paragraphs as though fully set forth herein 7. On or about February 6, 2017, Defendants JERRY DOMONIC VASQUEZ, an individual; CARLOS JAIME BRANDT, an individual; and DOES | through 10 inclusive, and each of them (“Defendants”) executed a Bond Application and Indemnity Agreement (“Agreement”) in favor of Plaintiff. A true and correct copy of the Agreement is attached hereto as Exhibit A. 8. In consideration of the Defendants’ execution of the Agreement, and in reliance on the Defendants’ promises to save Plaintiff harmless from any and all loss, Plaintiff provided a Contractors License Bond, No. $$104742 (“Bond”), which named California Cool Roofing DBA Western Roofing Systems as Principal, and the State of California as obligee. 9. As a result of its obligations under the Bond, Plaintiff incurred damages within the last four years in the total amount of $15,000.00. 10. Plaintiff has in good faith performed all the conditions and obligations to be performed on its part under the Agreement and the Bond. Plaintiff made demands on the Defendants to save Plaintiff harmless and to indemnify and reimburse Plaintiff from and against any and all claims, losses, and expenses incurred. 11. Defendants have breached their obligations under the Agreement by failing and refusing to take whatever actions necessary and appropriate to resolve the claim made against the Bond and to hold Plaintiff harmless from liability and expenses, as previously agreed and further, by failing and refusing to reimburse Plaintiff upon demand, for all payments made and to indemnify and keep Plaintiff indemnified from all loss, liability, and expense. 12. Asaresult of Defendants’ breach of the Agreement, Plaintiff has been damaged in the amount of $15,000.00, plus interest, attorney’s fees and costs. // / COMPLAINT 2 SECOND CAUSE OF ACTION COMMON COUNTS AGAINST ALL DEFENDANTS 13. Plaintiff incorporates the preceding paragraphs as though fully set forth herein. 14. Within the last four years, Defendants became indebted to Plaintiff in the sum of $15,000.00, for monies laid out and expended. ° 15. There is now due and owing from Defendants to Plaintiff the sum of $15,000.00, plus interest, attorney’s fees and costs. WHEREFORE, Plaintiff requests judgment against Defendants as follows: AS TO THE FIRST CAUSE OF ACTION: 1. For judgment against Defendants JERRY DOMONIC VASQUEZ, an individual; CARLOS JAIME BRANDT, an individual; and DOES 1 through 10, inclusive, and each of them, for $15,000.00, plus interest at the legal rate, attorney’s fees, and costs of suit; AS TO THE SECOND CAUSE OF ACTION: 2. For judgment against Defendants JERR Y DOMONIC VASQUEZ, an individual; CARLOS JAIME BRANDT, an individual; and DOES 1 through 10, inclusive, and each of them, for $15,000.00, plus additional amounts according to proof at the time of trail. ON ALL CAUSES OF ACTION: 3. For costs of suit herein incurred; 4. For reasonable attorney’s fees; 5. For such other and further relief as the Court may deem proper. : Date: November 11, 2019 7 _e. Tristan P. Espinosa, Esq. Attorney for Plaintiff VIA FAX COMPLAINT 3 ° State National Insurance Company Bond Program Angécston 1D Number 1135607 Contractors License Bond Supplemental Application Requested Effective Date; (Subject to Change) Officers Name Jerry Domonic Vasquez 02/27/2017 Business. Name as Showti Exgetly on Coetractors License or Ucanse Application California Cool Roofing DBA Western Roofing Systems Mailing Address : 1983 Inglis Way, Roseville, CA 95678 Physical Address, 1983 Inglis Way, Roseville, CA 95678 Phone Number Fax Number Years in Business. $ Amount of Bond (916) 289-6701 2 $75,000 Contractor License Number or Contractor Licease Application Number License Classification 1010104 C-39 IERME/RMO (Bond or Qualifying individual) Complete the following (Where Applicable} Name of Firm on Ucense Address, City, State, Zip Eligibility Questions - Please provide additianal detail for “Yes” fesponses in the boxes provided below the questions. 1. Has any bond held by the applicant been cancelled for failure ta fully reimburse payment of.a claim against a bone{ rs [7] No if Yes-Please explain: INDEMNITY AGREEMENT - READ CAREFULLY AND SIGN The Undersigned hereby d ciares the trurh witheux reservation of the representations hereinabove, 4nd that they’are mode'ts induce State National insurance.Cernpany, to issue the Sondis) applied for. The undersigned agrees dame without incurring aay lability whatsoever tu the Undersigned: in consideration of the issuance of the Bonds] herein appited that the Surety at its sole discretion may decline the Bondis} applied for or may cancel or terminate & heraby autores ne Saree te secession ofthe sk Boras oF amy rene coninuaions, reas or eaian of te ofthe sad Modis the Underdgned bars sqreet famty avs ina cles eee hereby authorize the Surety to access thelr credit reports to Surety; (b} " Ta furnish the Surety with satisfactory and concustrs Termination wvidence that thare. ny further liability on the Bond(s}; (3) To pertorm ai the conditions of said fiond{s}, ta reimburse Surety for af payments made for o on account of any Bordis}, and to defend, indemnity, and save the Suraty harmiees from ond ‘aginst any and aif demands, claims, Niatilities, losses, costs, Gamages, peralries and expenses of whataver nature or kind, including stzar- nay’s and counsel fees, witich Surety may sustain or incur by reason of (a) the Kkevance of such Band(s}, {>} obtaining a release of or evidence of terninazion under such Bone(s), of {c} in-entorcing any provision of this agreement, whether Surety shal have paid out ary such sums; {5} Thar the Surety shal! have the exclusive right to adjust, settle of compramise any claim undersuct Bond{s} on the basis of actual or potential kability, expediency or otherwise, uoless the Underyigned shail ic writing request the Surety te ikigute such calm and shail deposit immediately with the Surety collateral satisfactory to the Surety io fied anc amount; (8) That an itemized staternent of joss and expenses by Suraty shait be prima ‘ocie evidence of the fact and extent of Undersigned’s fiabifity to Surety; (7) Te deposit with the Surety upon demend 3 sum of money requested by Surety to cover any claim, suit, expense cr judgment Cat Surety in its abenkite discretion datermines nacassary and the deposit shail be phidged as collateral security on any Bond{s} the Surety may have Issued for the Uncersigned: (8) Ta waive notice from Surety of any cau or demand made against Surety or the principal under the Bongis}, accounts receivable, chattel paper, documents af tite, intangibles. and choses in action huld by Undersigned or in which the Undartigned has an interest. The Surety agrees to forebear exercising the sights granted to i in this paragraph wrti there is a default urder this agreement, That this Agreer raty and alsa a Financing Statement, beth in accordance with the provisions of the Uniform Comercial Code of every jurisdiction wherein such Cade is in effect and may be $0 Used by tha Surety without in any way abrogating, restricting or limiting the rights of the Surety under this Agreement or under taw, or in equity; and (10) This Bend, occurring during the term of this agreement, Of the above mentionad Sendis) pursuant to cestain promises, and agreemants made cy the Undersignad. oO Sale Proprietorship Partnership CO Corporation Cj uc aa] Other Printed Name of indemnitas rs Dat 4 Signatire ; i Jerry Domonic Vasquez os se ““"92/06/201f) LD ‘ J \\= : T Printed Name of indamnitor . Oriver's carte ¥ Date wy, St gh Sigmature ; : ‘ Carlos Jaime Brandt 02/06/20) os pe q.. 2 { ) 2 Hh. “ het - " a: 02/06/2017 0b Appiicant Signature FERRY DIF : 4 * 5 f E> ‘ - ete : Signature of Producer ae ay i < oe fms. 2Fet es a ‘ : Date afin : er a Agency kame American Matar International, Inc dba Statewide Commercial Insurance Brokers Producers Name Fil Fuentes Address, City, stata, i? 2406 N. Lake Avenue Altadena, CA 91001 Ageocy / Producer tmai FII(Dst8wide.com 7 8 | prone (626) 744-291 1 [r= (626) 744-9196 0000501601P1 011515, -_- Doc ID: 91f5¢1d9a426b8d06bc952b1aa72da3488b31707
