van daele development corporation et al v. chartis specialty insurance company et al plaintiff...

8/7/2019 VAN DAELE DEVELOPMENT CORPORATION et al v. CHARTIS SPECIALTY INSURANCE COMPANY et al Plaintiff Exhibits2

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Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 1 of 28 Pa

POLlCY NUMBER: TCRB0132-01INSURED: Alwindor Manufacturing COMMERCIAL GENERAL !.IABILlT'{

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,ADDrTIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS (FORM 8)This endorsement modi{ies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE:Name 01 Person or Organization:Van I>llelc 1ll'\,clopmenl'CorIWI'atinn lind ('or'oml 881Af XIX, Ltc!.

(I i no entry appears above, information required 10 complele thIs endorsement wiJi be shown inth e Declarations as applicable to this enciorsement )WHO IS AN INSURED (Section II j is amended to inc.lude as an insured the person ororganization shown in the Schedule. but only with re!;pect to liability arising out of "your work" .for that insured by or for you. .If you are required by the terms of an "insured contract" t.o provide primary insurance to anyinsured included by virtue of this endorsement. then this insurance shall be primary. but onlywith respect 10 l iability arising oul 01 " . ~ / o u r work" fo r thai insured by you or fo r you. Any otherinsurance available to thaI insured will apply as excess and wil l not contribute towards primaryinsurance afforded by the piovisions of this endorsement.

CG 20 10 11 85 C ~ p y n g h t . Insurance Services Office, Inc.: 1984


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EXHIBITH


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, .. Plaintiffs hereby amend their Complaint by insening such true names in place of such2 fictitious names wherever they appear in said Complaint.3 DATED: November /2.-,2009456789

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ANDERSON & KRIGER

By: ~ a c . ~ t & " ~ WILLIAM M. SICKINGER, Esq.Attorneys for Plaintiffs

DOE AMENDMENT TO COMPLAINT FOR CONSTRUCTION DEFECTS2


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2 CASE TITLE:3 CASE NO:45678

SUPERlOR COURT OF CALIFORNIACOUNTY OF RIVERSIDESABA. et al. v. CORONA FULLERTON, LLC et at.ruc 525469Clayton M. Anderson, Esq.William M. Sickinger, Esq.ANDERSON & KRIGER2155 Chicago Avenue, Suite 300Riverside, CA 92507

DECLARATION OF SERVICE(e.c.p. )013; 1013a; 2015.5)I, the undersigned, declare that: 1am, and was a1 the time of service of the papers herein9 refened to, over the age of eighteen years, and not a party to the action; and I am employed in theCounty of Riverside, State of California, within which county the subject mailing occurred. My10 business address is 2155 Chicago Avenue, Suite 300, Riverside, CA 92507.

1] On No,'ember 12, 2009, Jserved a copy of the following docUments descri.bed as: DOEAMENDMENT TO COMPLAINT FOR CONSTRUCTION DEFECTS on the interested parties12 in this action as follows:BY MAIL: I am readily familiar with this finn's practice of collecting and processingdocuments for mailing, whereby each such item is sealed and deposited, with full postagethereon, v . ~ t h the U.S. Postal Service, at Riverside, California, in the same day in the ordinarycourse ofbusiness.BY PERSONAL SERVICE: Jpersonally served such document(s) by hand to the office(s)of the addressee(s) on the attached service list. .BY FACSIMILE TRANSMISSION: 1transmitted said document(s) on the addressee(s) viafacsimile number (951) 787-7168 on the addressee(s) according to the. attached service list.BY FEDERAL EXPRESS: JamreadilyfamiHarwiththet.'lJ.is firm's practice of collectingand processing Federal Express mailings, whereby each such item is sealed in a Federal .Express envelope and marked for overnight delive1)', with fees provided for, processed thatsame day, either by deposit at Riverside, Californiain aFederal Express box ofother facilityregularly maintained by Federal Express, or delivered to an authorized courier of F e ~ e r a l Express.STATE: I declare under penalty of perjury under the laws of the State of Californiathat the foregoing is true and correct.FEDERAL I declare that I am employed in the office ofamember of the bar of this Courtat whose direction the service was made.

: Executed on November 12, 2009, at Riverside,

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. PROOF OF SERVICE (Rev. 11-11-09)


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SAl!Al et a1. v. CORONA F U L L E R T O ~ I LLC. et al.CASE NO: RIC 525469SERVICE LIST

Davjd H. Pierce, Esq. Mark J. Skapik. Esq.Sarah Jane Robinson, Esq. Gina Bazaz., Esq.PIERCE & WEISS, LLP LAW OFFICE OFMARKJ. SKAPIK,APC6300 Wilshire Blvd., Suite J890 250 West First Street, Suite 330Los Angeles, CA 90048 Claremont, CA 9]71 JE-mail: [email protected] J3..mail; [email protected]: (323) 655-3099 Tel: .(909) 398-4404Fax: (323) 655-3599 Fax: (909) 398-1883Attorneys for Defendants/Cross- Attorneys for Cross-Defendants. R.J. HORTONComplainants/Cross-Defendants, BLACKMON CONSTRUCTION SUPPLY, INC.HOMES, INC. and CORONA FULLERTON, (erroneously sued here in as RJ BORTONLLC. CONSTRUCTION); HY-TECH TILE, INC.Timothy N. Thompson, Esq. Robert Grosfeld, Esq.LAW OFFICES OF TIMOTHY N. Timothy S. Dobrenen, Esq.THO:MPSON JEFFERY &. GROSFELD, LLP6745 South Washington Avenue, #330 725 TO'wn & Country Road, Suite 31 0Whittier, CA 90601 Orange, CA 92868Tel: (562) 6969284 Tel: (714) 547-2700Fax: (562) 7895529 Fax: (714) 547-2722Attorneys f o r C r o s s ~ D e f e n d a n t , DEL MAR A:ttollieys fOJ Closs-Defendant. FIBER CAREPLASTERING, INC., a California BAmB, INC.; Associate Counsel for Cross-corporation Defendant, EXCEL CABINETS, INC.Charles N. Saatjian, Esq. Craig J. Silver, Esq.LAW OFFICES OF KEVIN PEGAN Pamela A. Brown, Esq.One Mac Arthur Place, Suite 310 LAW OFFICES OF CRAIG J. SILVERSanta Ana.. CA 92707 20201 S.w. Birch Street, Suite 200Tel: (714) 436-3292 Newport Beach, CA 92660Fax: (866) 7725290 Tel: (949) 222-0505Attorneys for Cross-Defendants, EXCEL Fax: (949) 2220755CABINETS, INC.; INTERIOR E--mail: csilver@locjs,comSPECIALISTS, INC. dba FASHION CRAFT Attorneys for Cross-Defendant, FENCEWORKS,FLOORS, INC. (erroneously sued herem as INC. dbn GOLDEN STATE FENCEFASmON CRAFf FLOORS, INC.); JOHN COMPANY (erroneouslv sued and servedPULLIAM MASONRY herein as GOLDEN STATE FENCING, INC.)T. Darren Barker, Esq. Steven R. Odell, Esq.MICHELMAN & ROBINSON, LLP David P. Reid, Esq.4 Hutton Centre Drive, Suite 300 SUSSON, P ARRETI' & ODELLSanta Ana, CA 92707 18201 Von Kaman Avenue: Suite 1020Tel: (714) 557-7990 Irvine, CA 92612-.1000Fax: (714) 557-7991 Tel: (949) 4 7 5 ~ 4 0 6 5 Associate Counsel for Cross-Defendant, DEL Fax: (949) 4'JS-4071MAR PLASTERING, INC. Attorneys for Cross-Defendant, LEE STONE'SPLUMBING (erroneously sued herein as LEESTONE, ah individual dba LEE STONEPLUMBING)

PROOF OF SERVICE


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J234567891011121314IS]617181920

2223242S262728

.SABA , et al. v. CORQNA FULLERTONI LLCs et al.CASE NO: RIC 525469SERVICE LIST

Oi!l id E. Dr iseoll, Esq. Keith G. Bremer, Esq.Ni:mri:::.."'tll ingdale, Esq. Monique R. Donavan, Esq.BRiSeSbb &: *:SSeCb\:HS BREMER. WHYTE, BROWN & O'MEARA,6969 Magnolia A .enlle, Snitt ]61 LLPRi vorside, CA 92596 20320 S.W. Birch Street, Second FloorTel. (95 1) 369-6695 Newport Beach l CA 92660Fax: (951) 369-98049 E-maiJ: k b l e m e r @ b r e ! ! l e r a n d w h ~ t e . c o m Associate Counsel fOJ 6.oss-Defendalit; E-mail; [email protected] CABINa'S, INC. Te); (949)221-1000Fax.: (949) 221-1001Attorneys for Cross-DefendantJCross-Complainant, PPT, INC. dba SPECIALTYSALES & SERVICES, INC.Christopher P. Regan, Esq. Thomas L. Wilson, &q:-MARSHALL, FRENCH & DeGRAVE Bin U. lE:oUias. ~ q . 2030 M.ain Street, Suite 600 PWO, HAbBREICH, MAR'Fl:N, 'n'fLSON &lrvineJ CA 92614 l'\:MS,:bbPTel: (949) 222-2930 535 AmoLi Bhd., Saite seaFax: (949) 222-2940 Costa MeSrtJ CA 92:626Attorneys for Cross-Defendants, ALWINDOR Tel. OJ ..) 6192266MFG., INC.; FIBER CARE BATHS, INC. falC. fti4, 6i9"zza9Attolneys for 1ossScfendant, ofalINPUI:d:dAilf MASeNR-"i, e l l oneoasl, sued

bereisk 1\$ d9HN :hbbENPBfLb\M, al l .iudhiduad doing busillcss as PULLiAMM*SeNR7t

Brian C. Dunn, Esq. Timothy M. McMahon, Esq.DEMLER, ARMSTRONG & ROWLAND, Suzanne E. Green, Esq.LLP McMAHON LAW FIRM, INC.4500 E. Pacific Coast Highway. Fourth Floor 980 Montecito Drive, Suite 208Long Beach, CA 908043298 Coronllt CA 92879Tel: (562) 5970029 Tei: (951) 37]6868Fax: (562) 494-3958 Fax: (951) 3718187CD Fax: (562) 5975381 Attorneys for CrossDefendant, CARLAttorneys for Cross-Defendant, SPECIALTY FREDERICK NEUGEBAUER, al l indh'idualCONCRETE, INC., a California corporation dba NEUGEBAUER AND ASSOClATESJeffrey S. Kramer, Esq. Wallace W. Hammons, Esq.Monica A. Blut., Esq. Shannon M. Deaver, Esq.K R A M E ~ DeBOER, ENDELlCATO & HAMMONS &BALDINO, LLPKEANE 2601 Airport Drive, Suite 10521860 Burbank Blvd., Suite 370 Ton-Mee, CA 90505Woodland Hills, CA 91367 Tel: (310) 606-5400E-mail: [email protected] Fax.: (3]0) 6065401E ~ m a i ! : [email protected] Attorneys for Cross-Defendant, AQUA GLASSTel: (818) 657-0255 CORPORATION (erroneously sued hereill asFax: (818) 6570256 AQUA GLASS, INC.)Attorneys for Cross-DefendantJ DANNYSTEVENS, an individuaJ dba STEVENSCONSTRUCTION

PROOF OF SERVICE


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3456789

10111213]41516171819202122232425262728

SABA. et at. v. CORONA FULLERTON, LLC, et a1.

David E. Driscoll, Esq.Nina L. Arringdale, Esq.

CASE NO: RIC 525469SERVICE LIST

LEWIS, BRISBOIS, BISGAARD & SMITH.LLP650 East Hospitality Lane, Suite 600San Bernardino, CA 92408Tel: (909) 387-1130Fax: (909) 387-1138Associaie Counsel for Cross-Defendant,EXCEL CABINETS, INC.

PROOF OF SERVJCE


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~ U A ~ M O N S SUM100(CI. C, V JUDICIAL)NOTICE TO DEFENDANT: FOR COIIRT USE ONLY(SOLO PARA USC DE u. CORTE}fA VISO AL DEMANDADOJ:CORONA FULLERTON, LLC, aCalifornia Limited Liability Company;BLACKMON HOMES, INC., a California Corpordtion; and bOES J tllrougn100, Inclusive.

YOU ARE BEING SUED BY PLAINTIFF:(LO EsrA DEMANDANDO EL DEMANDANTE):RAMZl SABA. ot al. (SEE AITACHMENT FOR ADDITION ALPLAINTIFFS) .

l F ~ I L ~ 1 Q ) t.UPF.BJOR COURT OF CA.LlFORNIP,1l(.')IJN"Y 01' RI\Il;'RSIOEAPR 30 ?b09..1. Derame

" ' ~ . " " " " ' ' ' ' ' ' ' I I - - ' - ~ ' ______

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have acopy served on the plaintiff. A letter or phone call will not protect you. Your written response must be In proper 'egal form If you want thecourt to hear your ease. There may be a colJrt form that you can use for your response. You can find these court forms and moreInformation at the California CO\J11$ Online Self.Halp Center (www.coUrtinfo.ca.gov/seltnelp). your county law IIbraty I or the courthousenearest you. If you cannot pay the flUng fee. ask the court clerk for 8 fee waiver fonn. If you do not file your response on time, you maylose the case by default, and your wages, money, and proJ)&rty may be taken wIthout further warning from the court. .There are other legal requirements. You may want to call an attorney right away. If you do not know en attorney. you may want to clllI anattorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal servicesprogram. Vou can locate these nonprof it groups al the California Legal Services Web site (www.lawhelpcallfornla.org), the CaliforniaCourts Online SelfHelp Center (www.courtlnfo.ca.gov/selfhelp). or by contacting y o ~ r local court or county bar aSSOCiation.

77ene 30 DIAS DE CALENDARIO despues de que Ie entreguen est. cJtsci6n y pspeJes legales para pl'ftsent.runa respuesta por escrltoen esla corte y hllcerque se entfflgue una copls al demandsnt.. U'" carta 0 una /lsmadB telflf6nICll no 10protegen. Su resPUestll pareBerito tlene que " ta r en formato legal correcto $; deses que procesen l i l l caso an Ie corte. E$ poslble que hays lin 'ormlllario que ultedpueda usarpara su respuesta. Puede encontrarestos formularios de Ja corte y mSI Informacion en el Centro de Ayuda de las Cortes deCalffQm/a (www.r;ourtlnfD.cB.govlselfhalp!espan01l), en fa blbliotecs de leyes de liU condBdo 0 en I. corte que Ie quade mis cen:a, SI nopuede pagar 111 cuat. de presentaci6n, pin lIT secrefrlrio de Is corte que Ie tI6 un (armulario r:ItI exenc/6n de page de cuotas. SI nopresentaIU resp"" ta tiempo. puede perder.' caso por Incumpllmiento y /a corte Ie pDdr8 qultar liU sueldo, dinero y blenes sin mas advertem:la.HIlY otros requisites I ~ . f e s . Es recomenrSBble que lIame II un abogado Il1mediatsmente. SI no conote a un ebogado, puede Ilamar a unseMcio de remisi6n s abOf1Bdos. Sf no puede pager I un abogado, es poslble que cumpta call los requisltO$ par. oblener salVicioslegales I1ratultos de un progl'llms da sarv/e10s I&gsl.s sin Ii"es de luem. PUede etlcontrar estes grupos sin fines de lur:ro en el slt/o web deCalifornia Legal Services, (www.IBWhelpcBllfomf,.OI'f1J, en efCentro de Ayuda de las Cortes de california,(www.courllnfo.CB.govlselfhe/ espanoJ/) 0 poni4ndose en contacto con /8 corte 0 eJ coleglo de abo dos locales.

The name and address of the court is:(E1 nombrey direCGi6n de /s corte 98):RIVERSIDE COUNTY SUPERIOR COURT4050 Main StreetRiverside, CA 92501Main

rSEAL)

3. [$I on behalf of (sp&clfy): U 4 1'\..\ b \ A - t t ~ 6 e. ~ I } J P 'r\.,\.'1'/' fJ 0,A- t,.-A-l,.' \ ~ - " i 2 . . . h \ iI1- ( ! l " , " t . .u LYunder: c&l CCP 416.'0 {corporation} 0 CCP 416.60 (minor)o CCP 416.20 (defunct corporation) 0 CCP 416.70 (oonservatee)o CCP 416.40 (aSSOciation or partnership) 0 CCP 416.90 (authorized person)4. Pc by ~ o ~ ~ , e ~ ! ~ ~ : ; ~ ~ (date): \ ) - l l - 01 Pagt1of1Form A


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Case 5:10-cv-00956-VAP-JEM Document 1-2 Filed 06/28/10 Page 10 of 28 #:362

SUM-20QfASHORT TITLE: RAMZI SMA, e l al. v. CORONA FULLERTON, LLC, et 81. CASE NUMBER:

INSTRUCTIONS FOR USE.... This form may be used as an attachment \0 any summons if space does not permit the listing of all parties on the summons.. . . If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional PartiesAttachment form is attached."List additional parties (Check only one box. Use a separate page for eech type of part)'.):[i] Plaintiff 0 Defendant D Cross-Complainant 0 Cross-DefendantMAHA SABA, SHELIA COUNTEE, MARVIN DAVIS, KERRY SMITH, SUSAN SMITH, JAMES WILLIAMS,STEPHANIEWILLIAMS, ELlA BELLO, HUMBERTO BELW, EDWIN PALMER, DEBORAH PALMER,ROGELlO CHAVEZ, RENEE' CHA VEZ, Individuals.

,..__ ............ .a_ ........ .,


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LA YTON M. ANDERSON (SB #069988)lLLlAM M. SlCKINGER, (SB#J 81328)2 NDERSON & KRIGERJ55 Chicago A venue, Suite 3003 iverside, CA 92507el: (951) 7 8 7 ~ 7 J 4 6 Fax: (951) 7 8 7 ~ 7 1 6 8 4 Attorneys for Plaintiffs

( F n [ b ~ [ Q ) SUPERIOR COURT OF CALIFORNIACOUNTY or: RIVERSIDEAPR 30 2n09...1. Dorame

5 SUPERIOR COURT OF THE STATE OF CALIFORNIA6 IN AND FOR THE COUNTY OF RIVERSIDE7 RAMZI SABA, MAHA SABA,SHELlA COUNTEE, MARVIN8 DA VIS, KERRY SMITH, SUSAN

SMITH, JAMES WILLIAMS,9 STEPHANIE WILLIAMS, ELlABELLO, HUMBERTO BELLO,10 EDWIN PALMER, DEBORAHPALMER, ROGELlO eRAVEZ,11 RENEE' eHAVEZ Individuals12 Plaintiffs,vs.

)))))))))))))13 CORONA FULLERTON, LLC, a )14 California Limited Liability Company; )BLACKMON HOMES, INC., a )

15 California Corporation; and DOES 1 )through 100, Inclusjve. )1617

Defendants. )))-----------------------)18 AND RELATED CROSS-ACTIONS )1920

---------------------)

CASE NO. R\C 5254 6 9COMPLAINT FOR CONSTRUCTIONDEFECTS1. Strict Liability;2. Strict Liability For Manufacturers ofProducts;3. Negligence;4. Negli genee Per Se.

I21 IDENTIFICATION OF PARTIES2223

1. At all times herein mentioned Plaintiffs, Rarnzi and Maba Saba, wasand is the subsequent owners ofa single-family residence located at 1030 Nighthawk Circle, Lot2411, Tract 28958 w 03, City of Corona. County ofRiverside, State of California.25

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2. At all times herein mentioned Plaintiffs, Shelia Countee, wereand are the original owner of a single-family residence located at 2316 McMakin Drive, Lot 39,Tnl '.! 28958-01, City of Corona, County ofRiverside, State of California.

3. At alJ times herein mentioned Plaintiffs, Man,in Davis, was6 and is the subsequent owner of a single-family residence located at 990 Riverview Circle, Lot 1 4 ~ 7 . Tract 28958-01, City of Corona, County ofRiverside, State ofCaIifomia.891011

12

4. At all times herein mentioned Plaintiffs, Kerry and Susan Smith, wereand are the original owners ofa single-family residence located at 1055 Nighthawk Circle, Lot 20,Tract 2895803, City of Corona, County ofRiverside, State of California.

5. At all times herein mentioned Plaintiffs, James and Stephanie 'Williams, was13 and is the subsequent owners ora sjngle-family residence located at 1015 Nighthawk Circle, Lot14 24, Tract 28958-03, City of Corona, County ofRiverside,-State ofCalifornia.J5 6. At all times herein mentioned Plaintiffs, Elia and Humberfo Bello, was16 and is the subsequent owners ofa single-family residence located at 2385 McMakin Drive, Lot 6,]7 Tract 28958-01, City of Carona, County ofRiverside, State ofCalifomia.1819 7. At all times herein mentioned Plaintiffs, Edwin and Deborah Palmer, were20 and are the original owners of a single.family residence located at 2540 Eaglerock D r i v e ~ Lot 30,21 Tract 28958-03, City of Corona, County ofRiverside, State ofCalifornia.222324

8. At all times herein mentioned Plaintiffs, Rogelio and Renee' Chavez, wereand are the original owners of a single--family residence located at 1090 Trailview Lane, Lot 1,Tract 28958-04, City of Corona, County ofRiverside, State of California.25

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234

9. The Plaintiffs are informed and believe, and based thereon allege, thatDefendant, CORONA FULLERTON, LLC, a California Limited Liability Company(hereinafter collectively referred to as "DEFENDANT"), were and are California Corporationorganized and existing pursuant to the laws of the State of California and doing business in the5

6 County of Riverside, State ofCalifornia.7 10. The Plaintiffs are infozmed and believe, and based thereon allege, that8 Defendant, BLACKMON HOMES, INC., a California Corporation (hereinafter col1ectivCly9 referred to as "DEFENDANT"), were and are California Corporation organized and existing

1011

pursuant to the laws of the State of California and doing business in the County ofRiverside, StateofCalifornia.12

13 11. The true names or capacities, whether individual, corporate, associate, or otherwise,14 of defendants named herein fictitiously as DOES 1 through 100, inclusive, are unknown to15 Plaintiffs. Plaintiffs are infomled and believe and based thereon allege that each of the fictitiously16 named defendants is in some way Hable to Plaintiffs for defectively constructing their homes andJ718

therefore sue said defendants by such fictitious names. Specifica]}y, but without limitation, saidfictitious defendants include corporations, partnerships, and individuals acting as developers, general19

20 contractors, subcontractors, architects, engineers, and material manufacturers and/or suppliers.21 Plaintiffs will amend this Complaint to show the true and correct names and capacities of said22 fictitiously named defendants whell the same have been ascertained.23 ]2. Defendants,' and each of them, were the agents, employees and representatives of24 each other doing things alleged herein and in so doing were acting within the scope of their25 respective authority and agency as such agents employees and representatives, and are jointly and2627 severally liable to the Plaintiffs.

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]3. There is a well-defined community of interest in the questions of law and fact2 involved affecting the panies to be represented. The Plaintiffs are infonned and believe, and based3 thereon allege, that:4

A. Defendants and DOES J through 25 were developers ofmass-produced residential56 housing.and subject to construction defect liability under strict liability and negligence causes of7 action;8 B. DOES 26-50 were manufacturers, suppliers or distributors of products andlor9 component parts, used in the construction of the homes and subject to strict liability.10 c. DOES 51 through 100 were contractors, sub-contractors, or professionals engaged11 in the construction of residential housing and subject to liability under negligence.;1213 D. The soil grading reports, site grading plans, and grading operations perfonned on the14 Development affect all of the homes;

15 E. The Development consisted of various models, with standard components and16 fixtures as referenced to in this Complaint;1718

F. The construction defects complained of concern standard components for theDevelopment including, leaking roofs, Jeaking windows, showers/tubs, stucco cracks, cracks in19

20 concrete slabs, defective plumbingand plumbing fixtures, defective HV AC units, electrical systems2] failures, and similar type components, defective chimneys, defective fencing, and similar types of22 components;

G. Defendants, have in many cases attempted repairs on the standard components232425262728

without success.I I I

BACKGROUND FACTS


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14. The Plaintiffs are informed and believe and thereon allege thaI the Developmentconsists of approximately 153 homes and were built in approximately 2000 and are located in theCity of Corona, County of Riverside, State of California, including those Plaintiffs (collectivelyreferred to hereinafter as the homes). The Defendants and DOES J-IOO constructed the homes in5

6 the Development.7 15. The Plaintiffs homes were purchased within the last 10 years from the filing of this8 complaint.9 16. Within the time a]}owed under the Civil Code, Plaintiffs have become aware of10 construction defects as alleged hereinafter.11 17. Defendants attempted repairs on some of the defective conditions, which repairs1213 have tolled the statute of limitations. Developer repeatedly promised to repair the defective14 conditions, causing Plaintiffs to deJay the filing of this lawsuit and thus Developer is equitably

15 estopped to now assert the statute of limitations as a defense.16171819

18.

FIRSTCAUSE OF ACTION(Strict Liability Against All Developer Defendants)

Plaintiffs realJege and incorporate by reference each and every allegation contained20 in aU previous paragraphs as though fully set forth herein.2] 19. At all times prior to the sale of the homes, the Defendants, and each of them, were22 involved in the planning, construction, marketing, inspection, mass distribution and sale of the23 homes to the public, or were manufacturers of component parts used in the manufacturing ofhomes.24252627

I I I

20. The Defendants, and each of them. were and now are b u i l d e r s ~ developers, merchants,

28 manufacturers, mass-producers, dealers, sellers and mass-distributors of housing to the public for


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profit. Buyers of the homes were led to and reasonably did conclude that the Defendants. and each2 of them, were skilled in the task and effort of building, developing, manufacturing, inspecting,3 creating, marketing, selling and distributing residential housing, or manufacturing the component4S palts that would be used in the construction of homes.6 21. Defendants, and each ofthem,1mew that the homes, including its various7 components, would be purchased and used by the owners without sufficient inspection to detemline8 the existence of any defects.9 22. It was the intent of the Defendants, and each ofthem, to accomplish, and Defendants

10 eventually did accomplish, the planning, construction, marketing, inspecti-on, mass distribution andJ1 sale of homes to the public. The Plaintiffs are infonned and believe that the Defendants, and each1213 of them, had an interest in the outcome of the sale of the homes and the subsequent sale and14 distribution of the homes to members of the public.15 23. The Plaintiffs are informed and believe, and based thereon allege, that Defendants,16 and each ofthern. knew and intended that the homes would be used as family residences, and knew17 and intended that the various component parts as alleged in the preceding paragraphs would be18 incorporated into the homes so that purchasers of the homes would have watertight, stable, secure,1920 useful and otherwise habitable dwelling residences.2J 24. Plaintiffs are informed and believe, and based thereon aUege, that the homes have and22 are experiencing the following construction failures and deficiencies:23 / / I24252627 A. Defective windows and window installation, including window condensation, sliding

28 glass doors, sliding windows, and other windows, resulting in staining and/or deterioration of


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drywall, miJdew, and collection of water within the wall framing itself;2

B. Defective, cracked and poorly installed roofing, causing leaks, structural damage,3 moisture damage to adjacent components and building materials and potential physical harm from4 materials falling from the roof;56 c. lnadequate design of shower and bath enclosures, causing leakage and severe7 water damage to the adjacent drywall and other building components, resulting in mold, mildew,8 dryrot and other deterioration;9

10) J12

D. Substantial cracking of concrete slabs, exterior stucco cracking and interiordrywall due to continuous shifting, settling andlor expansion of surface and subgrade soils;

E. Substantial cracking and/or efflorescence of concrete driveways, walkways13 and patios due to continuous shifting, settling andlor expansion of surface and subgrade soils;14 F. Interior and exterior floor surfaces and door frames have warped and become] 5 uneven due to shifting, settling andlor e),"pansion of surface and subgrade soils;16171819

G. Defective plumbing and sinks, causing leakage, rusting and chipping of theporcelain and water stains and deterioration to the drywall and other building components;

H. Cracked and defective ioiiets, causing leakage, rusting and chipping of theporcelain and water stains to the drywall;20

2] I. Defective bathroom and kitchen tile counter top and cabinetry installation,22 causing cracks and gaps in the grout and tile;2324252627

J.K.

1.

Warped, water damaged garage and other exterior doors;HV AC and electrical systems failure;

Defective, substandard, and improperly prepared wood surfaces including28 wood trim and fencing; and,


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M. Other construction and produc1 defects, unknown at this time, that may be2 discovered during the pendency of this action.345

25. The Plaintiffs are infonned and believe, and based thereon allege, that other

6 interiors. The Plaintiffs are investigating the extent of these presently unknown construction7 deficiencies and, when identified, will include them in this action by amendment or by proof at the8 time of trial.9 26. The constnJctlon deficiencies set forth in the preceding paragraphs continue to

10 deteriorate and to degrade, and the damages will continue in the future. Plaintiffs have also suffered1 } damage to persona) property to an extent and in an amount to be shown according to proof at the1213 time of trial.14 27. The Plaintiffs are infonned and believe, and based thereon allege, that Defendants,

] 5 and each of them, at all times herein mentioned, lmew that the homes, including the various16 components as alleged in the preceding and following paragraphs, would be conveyed and17 purchased for use by Plaintiffs without sufficient inspection to determine the existence of any181920

defects.28. The Plaintiffs are infonned and believe, and based thereon allege, that

21 the construction deficiencies described in the preceding paragraphs were and are latent deficiencies22 within the meaning of Califomia Code of Civil Procedure 337.lS. Plaintiffs, at all times herein23 mentioned, relied on the skill of Defendants, including DOES 1 through 25, and each of them, in24 producing homes that are reasonably fit for their intended purpose.25

/ I I262728


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29. The Plaintiffs have given notice to the Defendants of the construction deficiencies2 set f0l1h in the preceding paragraphs wjthin reasonable time after discovery and on more than one3 occasion. Defendants have failed and refused to compJetenecessary repairs and/or made inadequate4 repairs since completion of the homes. The Defendants have assured the Plaintiffs that their56 complaints were improper, that the defective conditions were. "nonna)" and not defective; or that7 the Defendants had adequately and properly repaired and resolved the problems, thereby estopping8 Plaintiffs from taking action prior to the filing ofthis Complaint, only shonly before which Plaintiffs9 came to appreciate the nature and extent of these conditions.

1011

30. As a result of the construction deficiencies identified in the preceding paragraphs,the Plaintiffs have or will sustain damages as set forth in the prayer.)2

1314IS

SECOND CAUSE OF ACTION(Strict Product Liability Against AU Defendants)

3] . The Plaintiffs reallege and incOlporaie by reference each and every allegationcontained ill all previous paragraphs as though fully set forth berein.16

17 32. Plaintiffs are infonned and believe, and based thereon allege that at all times hereinI 8 mentioned, Defendallts were manufacturers of finished products and component parts which were19 placed into the stream of commerce by Defendants, including but not limited to, windows and20 window components, bathroom and kitchen sinks, shower pans, HV AC components, fireplace21

boxes, electrical components, and other products not presently identified. Some of the DOE22 Defendants manufactured the products to their own plans and specifications and sold them to real2324 estate developers and contractors. The products were placed into the stream ofcommerce as alleged25 above.26 33. Plaintiffs are infonned and believe, and based thereon aJJege that these DOE27 Defendants, and each ofthem, knew that the various manufactured products and components would28


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be incorporated into the construction of the development and would be purchased and used without2 sufficient inspection to detemline the existence of any defects.3 34. Plaintiffs are. infonned and believe, and based thereon aUege that it was the intent of45 these Defendants, and each of them, to accomplish, and Defendants eventual1y did accomplish, the6 manufacturing, supplying and distributing, mass distribution and sale of component pans. These7 products were ultimately sold to the public upon sale of the individual home in the development.8 35. The Plaintiffs are infom1ed and believe, that Defendants, and each ofthem, knew and9 intended that the various component parts as alleged in the preceding paragraphs would be

10 incorporated into single family residences such as the homes in the development.1]12

36. The Plaintiffs are infonned and believe, and based thereon allege, that there may be13 possibly further defective conditions associated with the components in the developmentwhich may] 4 be discovered prior to trial and which will be the subject of further proof.15 37. Plaintiffs are informed and believe. and based thereon allege, that the above-16 referenced defects with the manufactured products and components have no relationship to the] 7 manner of installation or the workmanship used in installation.1819

38. The Plaintiffs are informed and believe, and based thereon allege, that the20 construction deficiencies described in the preceding paragraphs were and are latent deficiencies21 within the meaning of California Code of Civil Procedure 337.15 in that they were not apparent22 by reasonable inspection at the time the homes were sold, or three years prior to the filing of this23 complaint.242526

39. The Plaintiffs are informed and believe, and based thereon allege) that the a b o v e ~ referenced products and conditions are the result of defects in design and/or manufacture. and

27 assembly, or some combination ofboth, and that they were present when the manufactured products28 left the control oftbe Defendants. and each of them.


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40. As a result of the defective products and compollenrs identified in the preceding2 paragraphs, the Plaintiffs have or will sustain damages as set forth in the prayer.345678

41.

THIRD CAUSE OF ACTION(Negligence Against All Defendants)The Plaintiffs reallege and incorporate. by reference each and every allegation

contained in all previous paragraphs as though fully set forth herein.42. The Defendants, and each of them, were under a duty to exercise ordinary care as

developers, designers, engineers andlor contractors to avoid reasopably foreseeable injury to users9] 0 and purchasers of the homes. The Defendants, and each of them, knew or should have foreseen11 with reasonable certainty that said purchasersand lor users would suffer monetary and n o n ~ m o n e t a r y 12 damages, as set forth herein, if said Defendants failed to perfonn their duties to cause the homes 10]3 be constructed in a p ~ o p e r and workmanlike manner.]4 43. The Plaintiffs are informed and believe, and based thereon allege, that the15 Defendants, and each of them, negligently built, inspected, tested, designed, graded or otherwise1617 constructed the homes including soil building pads, concrete slabs, concrete foundations, windows,18 sliding glass doors, shower and tubs, plumbing, fencing, exterior stucco and related portions of the] 9 structures.20 44. As a result of thenegligent perfonnance of their services, the Defendants, and each21

of them, as alleged herein above, the homes have failed, become defective and been damaged.2245. The Plaintiffs are infonned and believe, and based thereon aUege, that the23

24 construction deficiencies described in the preceding paragraphs were and are latent deficiencies25 within the meaning ofCalifornia Code ofCivil Procedure Section 337.15. On occasion ofdiscovery26 of construction deficiencies Plaintiffs were wrongfully persuaded by Defendants that any damage2728


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and negligent design and construction discovered had been fully corrected-and Plaintiffs could not2 have reasonably discovered the negligent conduct of Defendants.3 46. As a result of the negligence of the Defendants, and each of them, as alleged herein4 above, the Plaintiffs) have sustained and will sustain damages as alleged in the prayer.5678

FOURTH CAUSE OF ACTION(Negligence Per Se Against AIJ Defendants)47. The Plaintiffs reallege and incorporate by reference each and every allegation

contained in al1 previous paragraphs as though fuI1y set forth herein.910 48. The Plaintiffs are infonned and believe, and based thereon aUege, that the11 Defendants, and each of them, violated one or more building code regulations or ordinances in the12 design or construction of the homes.13 49. By the way of example and without limitation, Defendants violated certain codes)4 Iand ordinances, as to which discovery and investigationare continuing, including California Health1516 & Safety Code 17920.3, relating to Substandard Building; conditions, and provides:171819202]2223

"Any building or portion thereof including any dwelling unit, guest room or suiteof rooms, or the premises on which the same is located; in which there exists any ofthe following listed conditions to an extent that endangers the life, limb, health,property, safety or welfare of the public or the occupants thereofshall be deemed andhereby is declared to be a substandard building:" .50. In addition) Plaintiffs are infonned and beheve, and based thereon allege) that

24 Defendants. and each of them. have violated Health & Safety Code 17290.3(a), relating to25 inadequate sanitation which provides in part: lack of, or improper water closet; lack ofhot and cold26 running water to plumbing fixtures in a dwelling unit; lack of adequate heating or required27 ventilation equipment dampness ofhabitable rooms; infestation ofinsects, vennin, orrodents... ;and28


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2345

lack of connection to required sewage disposal system. Further, subsection (b) of 17290.3, jrelating to structural hazards provides in paM: deteriorated or inadequate foundation; defective ordeteriorated flooring or 11001' supp0l1S; members of ceilings, roofs, ceilings and roof SUPP0l1S, orother horizomal members which sag, split, or buckle due to defective material or deterioration;

6 members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of7 insufficient size to carry imposed loads with safety; and fireplaces or chimneys which are of8 insufficient size or strength to carry imposed loads with safety. Finally, subsection (g) of 17290.3,9 relating to faulty weather protection. further provides in part: deteriorated, crumbling, or loose

1011

12131415

plaster; deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors,lncluding broken windows or doors; defective or lack of weather protection for exterior wallcoverings, including lack ofpaint, or weathering due to lack ofpaint or other approved protectivecovering; and broken, rotted, split, or buckled exterior wall coverings or roof coverings.

51. The Plaintiffs are further informed and believe, and based thereon alJege, that said16 building code regulations and ordinances, also including, but not limited to the Unifonn Building17 Code, are mandated by various governmental and quasi-governmental entities bavingjurisdiction18 over the construction of residential housing in the City of Corona, County ofRiverside, State of1920 Californja, for the purpose of ensuring that residential housing, including the homes, is constructed21 in a watertight, stable, secure, sanitary, llsefuJ and otherwise habitable manner. By way ofexample21 and without limitation, the Defendants vio!ated certain codes and ordinances, as to which discovery232425

and investigation are continuing, including Section 1707(8),1985 Ed. Uniform Building Code,relating to water intrusion around sliding glass doors; Sec. 1707(a), 1985 Uniform Building Code,relating to window leaks; Chapter 32, 1985 Ed. Uniform Building Code and Manufacturer's26

27 Specifications, relating to loose tiles at valleys, sidewalls and around penetrations; Chapter 32,28


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234

1985 Ed. Uniform Building Code, relating to the omission of flexible flashing at soil and 'B' ventpenetrati ons.

As a result of the violation of one or more building code regulations or ordinancesby the Defendants, and each of them, as alleged herein above, the Plaintiffs, have sustained and will5

6 sustain damages as sel forth in the prayer.7 PRAYER8 WHEREFORE, the Plaintiffs pray for judgment against Defendants. and each of them,9 jointly and severally, as fol1ows:

1011

A.$400,000.00;12

13 B.

For compensatory damages for repairs and resulting damage In excess of

For investigative expenses including, but not limited to, architectural and engineeringJ 4 i l l v e s t j g a t i o n s ~ in excess $11 0,000.00;15 C. For compensation for damages to personal property, according to proof at time ofJ6 trial;17 D. For coSI of prior repairs, according to proof at time of trial;18

E. For interest thereon at the maximum legal rate; and,1920 F. For costs of suit herein incurred.2J22 DATED: April).;, 2009 ANDERSON & KruGER232425262728

l 3 y : ~ k t . a ~ WILLIAM M. SICKINGERAttorneys for Plaintiffs


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ATI'ORHeY em PARTY IMTHOllr A T T O R K ~ fN-. Stall! S.r tlUllllwr. oddnmsJ:JOSEPH L. OLIVA, ESQ. (SBN 113889)MICHAEL S. FA1RCLOTB, ESQ. (SBN 211153)OUYA & ASSOCIA'IES11770 BERNARDO PLAZA COURT, SUITE 350SAN DIEGO, CA 92128mepHONE H O ~ (858) 385-049] FAX NO; (858) 385-0499:rTORN FOR : P S VAN !ABLE D CORPSUPERIOR COURT OF CAUFORNIA, COUNTY OF RIVERSIDESTREET A D D R E S S ~ 4050 MAIN STREETW.IUNGADDRESS, 4050 MAlN STREET

OIlY AND ZIP CODE: RIVERSIDE, CA 92501III1ANGH NAME:CENTRAL

CASE NAME: VAN DAELE v. AMERICAN INTERNATIONALSPB et .CIVIL CASE COVER SHEET[L ) Unlimited D Umimd Complex Case Deslgnatitlno Counter 0 Joinder

FOI/COU/fTUSffD/oIty

(Amount CAmoumClemanded aemanded Is Fded with first appearance by defendantexceeds 5 000 $25000 or less (Gal. Rules of Court, rule 3.402) DIi!I'nItems 1-6bsJow must be co leted see Insttvc:tions on pa e 2 ,1. Check one box belowfor the case type that best de&Cribes this case:Auto Tort ContractB AlIto (22) [LJ Breach Of conbllctlwammty (06)Uninsured motorist (46) 0 Rule :1.740 collections (09)Other PUPPIWD (PersonatlnjurylProperty 0 other coJIeclions (09)Darnage1Wrongful Death) Tort BInsurance coverage (18)o Asbestos (04) . other contract (37)

Provialonally Complex clvn 1.ltJgatlon(Cal. Rules of Court., rules U0D-3.403)o AntItruallTBde regulation (03)D Construction defect (10)D Mass tort (40)o Securities IJIigation (28)o EnvlnmmBnlal/Toxlc tort (30)

CM-O

o Product liability (24) Rear PropertyD Medical malpractice (45) 0 EmInent domainllnverseo O1her PIIPPIWD (23) condemnation (14)NOl1.PlIPDIWD (other)Tort . 0 Wrongful eviction (33)

o Insurance covarage claims arising from theabove flBled provisionally complel< casetypes (41)o Business tort/unfair bll$lness practice (07) 0 other raaJ property (26)o CM' rights (O8) Unlawful Detarnero Defamation (13) 0 Commarclll (31)o Fraud (16) 0 Residential (32)o Intellectual property (19) 0 Drugs (38)o profeIisJonal negligellG8 (25) JudIcial Revlew .o Other non-PIIPDMID tort (35) 0 Asset forfeiture (OS)I:mployment 0 Petition re: arbitration award (11)o Wrongful lenninalion (36) 0 WrIt of mandate (02)o Oiher employment (15) 0 otherJUdloial review (39)

Enforcemunt of Judgmento Enforcement or judgment (20)Miscellaneous CIvil Complainto RICO (27)D other complaint (net spaoJfled abovs) (4:2)MiscelianeDus Civil Petitiono PBrtnerahlp and corpo;ale governance (21)o Other peUtian (not BpfIC/fiedabove) (43)

2. This case D is [ i ] Is not complex under rule 3.400 of the California Rules of Court. If the caae is complex, marl< thefactors requiring exceptional Judicial management. .a. 0 Large number of separately represented parties d. 0 Large number ofwltnessesb. 0 Extensive motion practice raising difficult or novel e. 0 Coordination wlttUltlated actionspending in one or more courtsissues that will be time-consuming to resolve In other counties, statas, or countrtes, or In a federal courtc. 0 Substantial amount of d o c u m e n t a ~ d e n o e f. 0 Substantial PDstjuclgment judicial BUpBfVision3. Remedies sought (cheCJk all that apply): a. W monetary b. D nonmonetary; declaratoty or injunctive relief c. 0 punitive

4. Number of causes of action (specify): 6; B ~ c h ofContract; Breach Implied COY. Good Faith; Refol1?lation; Dec. R,el5. This case 0 Is [ iJ is not a class action suit .6. If there are any knoWn related cases, file and serve a notice of related case. (You m a Y ~ U B e 11. CM-015.)Date: MAY 19.2010 AA"" , ' /_ ./;roSEPHL. OLIVA. E ~ g ! ~ ~ 8 9 ) . " P A R ' r r ~ O R H e Y I ' O R P N l ' T Y ) NOTICE Plalntiffrnu&t file thls cover sheet with the first paper filed In the action or proceeding (except small dalms cases or cases filedunder the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules ofCourt, rule 3.220.) Failure to file may resultin sanctions. Ale this cover sheet In addItion to any cover sheet required by local court rule, . If this case is complex under rule 3.400 et seq. of1he Callfomla Rules of Court, you must selVe a copy .of this cover s h ~ t on allother parties to the action or proceeding. Unless Ihis Is 8 collections case under rule 3.740 or e complex case, this cover sheet will be used for statistical purposes onl)'.. Po lof2CIVIL CASE COVER SHEET ]..emU Col.II...I.. . r C o l d . r I H a 2 , 3 D . : W O . 3 . ~ . 4 I l 3 . a . 7 < O : OL hnderdo Q/ JUdIoioI Alimlnlmllon. l1li. 3.10


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,:.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE4050 Main StreetRiverside, CA 92501

www.riverside.courts.ca.govNOTICE OF ASSIGNMENT TO DEPARTMENT FOR CASE MANAGEMENT PURPOSESAND CASE MANAGEMENT CONFERENCE (CRC 3.722)VAN DAELE DEVELOPMENT CORP VS CHARTIS SPECIALTY IN

CASE NO. RIC 10009891

This case i s assigned to the Honorable Judge Gary B. Tranbargerin Department 07 as the case management department.The Case Management Conference i s scheduled for 11/17/10a t 8:30 in Department 07.The plaintiff/craBs-complainant shal l serve a copy of this notice ona l l defendants/cross-defendants who are named or added to thecomplaint and f i le proof of service.Any disqualif icat ion pursuant to CCP Section 170.6(2) shal l bef i l ed in accordance \lTith that section.

CERTIFICATE OF MAILINGI cert i fy that I am currently employed by the Superior Court ofCalifornia, County of Riverside, and that I am not a party to thisaction or proceeding. In my capacity, I am familiar with the practicesand procedures used in connection with the mailing of correspondence.Such correspondence is deposited in the outgoing mail of the SuperiorCourt. Outgoing mail is delivered to and ~ i l e d by the United StatesPostal Service, postage prepaid, the same day in the ordinary courseof business. I cer t i fy that I served a copy of the foregoingnotice on this date, by depositing said copy as s tated above.Dated: OS/21/10

ac:cmcicmcbiCmchjcmctic,mcCcmccb;cmcchicmcct

Court Executive Officer/ClerkBy:

CYNTHIA CARLTON, Deputy Clerk


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,'. I . y. .!SUPERIOR COURT. COUNTY Or RIVERSIDE, STATE OF CALIFORNIA

o BA.NNING 135 H. A I r _ a FIaod, 1Iorv*Ig, CA'82220 0 MURRIETA 30'1!5-D Auld RlllWSy,8IyIhe,c.o.PZ22B W RIVERSIDE CQ5OAIIIIn8L,R,*aI!I.,CABUOIo HEMET 88OIUtal8I1L.HeIllOl,et.92543 0 RIVERSIDE 4 1 7 6 U H \ S I . , R w . r t l c f l , C A D 2 ~ o INDIO 4IJ.I!IIOO4JltSl,InIno.CAl2ZD1 0 TEMECULA 41C02Co111\l'cortarer. .,'OO.Twn_.CAWIP\o MORENO VALLEY 138DO HNoo:Ic 81.111201, t.loleno Valley, CA S255aName and Addres$ ( ~ S 8 ) 3&5-0491.TOSBPHL. OllYA. ESQ, {SBN 11MIcH.AEL S. FAIRCLOTH, ESQ. (SOLIVA & ASSOCIA1ES11710 BERNARDO PLAZA COURT. StJIT.B 350SAN DmOO.CA 92128Attorney for Plaintiffor Party without AttorneyVAN DAELE DEVELOPMENT CORPORATIONand CORONA 88/AF XIX, LID

Plaintlff(s)vs.

[F DIL @: [Q)S ! J P E 8 b t t ~ ~ ~ ? ~ ~ ~ R N ~

MAY 21 tum

CASENcR1C "000989 1CIiAR.".S SPECIALTY INSURANCB COMPANY fka AMERlCl.NIN'l'IllUIATIONAL SPBC1ALTY LlNBS INSURANCE C O M P A N Y ~ FmST SPECIALTY INSURANCB CORJlORATlON; et aI.

CERTIFJCATE OF COUNSEL

Defendant{s)

The undersigned cerlffias that this matter should be tried or heard in theRIVERSIDE SUPBRlO}t Court for the following reaSon:m The action arose in this judicial districtD The action concerns real property located In 1hls Judicial district.o The defendant resides in this Judicial dis1ricL

SQ. (SDated: MAY 20, 2010 Signed by:

~ I i ~ ~ ~ ~ ~ ~ - - - - - -JOSEPH L, OLNA, ESQ. (SBN 11

(Ra'I. Mo031 CeR.11FICATE OF COUNSEL


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1234

,'I

Re: Van Daele Development, et al. v. Chartis Specialty Ins. Co., et al.Court: USDC-Central District, Eastern DivisionAction No. TBA

PROOF OF SERVICEI declare that I am over the age of 18, am not a party to the above-entitled action, and am an5 employee of Se1vin Wraith Halman LLP whose business address is 505 14th Street, Suite 1200,Oakland, Alameda County, California 94612.

6789

On June 25, 2010, I served the following document(s):NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.c. 1332(A) (Diversity);

CERTIFICATE OF INTERESTED ENTITIES OR PERSONSPURSUANT TO LOCAL RULE 3-16;101112

CORPORATE DISCLOSURECIVIL COVER SHEET

By U.S. MAIL: By placing a true copy of the document(s) listed above, enclosed in a sealed13 envelope, addressed as set forth below, for collection and mailing on the date and at the businessaddress shown above following our ordinary business practices. I am readily familiar with this14 business' practice for collection and processing of correspondence for mailing with the United StatesPostal Service. On the same day that a sealed envelope is placed for collection and mailing, it is15 deposited in the ordinary course ofbusiness with the United States Postal Service with postage fullyprepaid.1617 Mr. JosephL. OlivaOliva & Associates18 11770 Bernardo Placa Court, Suite 350San Diego, CA 9212819 Telephone No.: (858) 385-0491Fax No.: (858) 385-049920 Email: [email protected]

Attorneys for Plaintiff:VanDaele Development Corporation andCoronoa 99/AF XIX, LTD., a CaliforniaLimited Partnership

I declare under penalty ofpeIjury under the laws of the United States ofAmerica that the22 foregoing is true and correct.23 Dated: June 25, 201024252627

van daele development corporation et al v. chartis specialty insurance company et al plaintiff...

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