Preview
SUM-100
(CITACION Jubie 1AL) (60 a TE ON ere
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
RELIANCE BUILDING AND MAINTENANCE, LLC, DOES 1-50
YOU ARE BEING SUED BY PLAINTIFF:
{LO ESTA DEMANDANDO EL DEMANDANTE):
1367 NATOMA ST SF, LLC, a California limited liability company
NOTICE! You have been sued. The courl may decide against you without your being heard unless you respond within 30 days. Read the information
below.
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 a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your |
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts i
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and properly
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 an attorney, you may want to calll an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www. courtinfo.ca.gav/selthelp), or by contacting your local court or county bar association, NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que Ie entreguen esta citacion y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en ja corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de a corte y més informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en la corte que le quede més cerca. Si no puede pagar la cuota de presentacién, pida al secretario de Ja corte
que le dé un formulario de exencién de pego de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podra quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de
remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con Ia corte o ef
colegio de abogados locales. AVISO: For ley, fa corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso. /
The name and address of the court is: . . CASE NUMBER:
(El nombre y direccién de la corte es): San Francisco Ge re 20- 58 404
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(EJ nombre, la direccién y el numero de teléfono del abogado de/ demandante, o def demandante que no tiene abogado, es):
James A. Quadra, Quadra & Coll, LLP, 649 Mission Street, 5th FL, San Francisco, CA 94105, 415-426-3502
, Deputy
(Adjunto)
DATE: Clerk, by
(Fecha) APR 03.2099 Clerk of the Court (Secretar
(For proof of service of this Summons, use Proof of Service of Summons (form POS-010) Z
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-070)).
NOTICE TO THE PERSON SERVED: You are served
1. as an individual defendant.
2. as the person sued under the fictitious name of (specify):
“3. on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416,90 (authorized person)
other (specify):
4. by personal delivery on (date):
Page tof
"fade Counc ct Calorie SUMMONS O08 cnt cg
SUMET0D Rev. July 1, 2003JAMES A. QUADRA, State Bar No. 131084 eutetioteeunr
REBECCA COLL, State Bar No. 184468 COUNTY OF SAN FRANCISCO
ROBERT D. SANFORD, State Bar No. 129790 .
QUADRA & COLL, LLP APR 08 2020
649 Mission Street, Fifth Floor
San Francisco, CA’ 94105 CLERK OF THE GOURT
Telephone: (415) 426-3502 BY:
Facsimile: (415) 625-9936 Bapuly Gar
Attorneys for Plaintiff 1367 Natoma St SF, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISO
1367 NATOMA ST SF, LLC, a California Case No. C G C - 2 0 ~ 5 8 4 0 4 ]
limited liability company
COMPLAINT
Plaintiff,
VS.
JURY TRIAL DEMANDED
RELIANCE BUILDING AND
MAINTENANCE, LLC, DOES 1-50,
inclusive,
Defendants. BY AX
Plaintiff 1367 Natoma St SF, LLC alleges as follows:
PARTIES
. Plaintiff 1367 Natoma St SF, LLC (“1367 Natoma”) is a limited liability company
organized and existing under the laws of the State of California.
2. Defendant Reliance Building and Maintenance, LLC (“Reliance”) is a limited liability
company organized and existing under the laws,of the State of California and doing business in the
City and County of San Francisco as a licensed general contractor.
3. 1367 Natoma is ignorant of the true names and capacities of Defendants sued herein as
DOES | through 50 and therefore sues such Defendants by fictitious names. 1367 Natoma will amend
this Complaint to allege the true names and capacities of DOES 1 through 50 when ascertained. 1367
Natoma is informed and believes that each of said Defendants designated herein is legally responsible
and liable in the same manner for the events and happenings described herein and for the causes of
1
COMPLAINTaction alleged herein, and are therefore liable and responsible to 1367 Natoma for an amount be
determined or for such other relief as may be afforded.
4. 1367 Natoma is informed and believes that each Defendant specifically or fictitiously
named herein acted in his, her or its own right and is the agent, employee, representative or co-
conspirator of some or all of the other Defendants, as to each of the matters set forth herein. Each
such Defendant, whether specifically or fictitiously named, was at all times acting within the scope
and purpose of such agency, employment, representation or conspiracy, or alternatively, if the acts of
each such Defendant were not authorized at the time, such acts were subsequently ratified by the
appropriate principal and Defendants.
FIRST CAUSE OF ACTION
Breach of Contract Against Reliance
5. During all relevant periods, 1367 Natoma owned or owns some or all of the residential
real property located at 1367 Natoma in San Francisco, California (“Property”). On or about
November 9, 2018, 1367 Natoma hired Reliance pursuant to an agreement (the “Agreement”) to
perform major renovations of the Property, including but not limited to replacing the foundation;
moving bathrooms; installing rough plumbing and electrical; installing finishes such as lighting and
plumbing fixtures, cabinetry, countertops; installing sheetrock and flooring; replacing all windows;
and painting the building (“Project”). In November 2018, Reliance charged and collected from 1367
Natoma a down payment of $10,000 prior to beginning work on the Project.
6. Reliance breached its obligations under the Agreement by failing to competently
renovate the Property, including but not limited to: (i) demolishing portions of the Property without
complying with the engineering and architectural plans, including removing load-bearing walls which
destabilized the building; (ii) demolishing portions of the Property without permits or proper
abatement of lead and asbestos; (iii) failing to timely perform the Project resulting in an unnecessary
delay of at least six months; (iv) performing construction work without permits and in a dangerous
manner which resulted in the issuance of a notice of violation by the City and County of San Francisco
(“City”) in February 2019; (v) paying a permit application fee to the City with a check that had
insufficient funds, resulting in the performance of unpermitted foundation work after revocation of the
2
COMPLAINTpermit; and unpermitted foundation work; (vi) incompetently performing foundation work, including
failing to pour any of the foundation correctly, which resulted in a portion of the foundation having to
be removed and re-poured, and the pouring of additional concrete; (vii) failing to pour several required
footings at all; and (viii) overcharging for work performed on the Project. As a result of Reliance’s
breach, 1367 Natoma terminated the Agreement on or about May 29, 2019.
7. 1367 Natoma performed all of its obligations under the Agreement to the extent the
obligations were not excused.
8. As a result of Reliance’s breach of the Agreement, 1367 Natoma has been damaged in
an amount to be proven at trial.
SECOND CAUSE OF ACTION
Negligence — Building Code Violations
9. 1367 Natoma incorporates by reference and realleges each and every prior allegation,
as though fully set forth herein.
10. Reliance owed a duty to 1376 Natoma to construct the Project in conformity with all
applicable building code requirements of the State of California and the City of San Francisco
(“City”).
11. During and as part of its construction of the Project, Reliance engaged in negligent
demolition and construction of the Project in a manner which failed to meet the standard of care as
alleged in paragraph 6, including demolition and construction without a permit in violation of the
City’s Building Code, which resulted in the City issuing a notice of violation.
12. Reliance knew or should have known that performing demolition and replacing the
foundation without a permit violated the City’s Building Code and created an unreasonable risk of
serious bodily harm.
13. As a result of Reliance’s violation of the City’s Building Code, 1367 Natoma has
suffered damages in an amount to be proven at trial.
A
iW
It
3
COMPLAINT 1THIRD CAUSE OF ACTION
Negligence — Business & Professions Code Violations
14, 1367 Natoma incorporates by reference and realleges each and every prior allegation,
as though fully set forth herein.
15. The Agreement between 1367 Natoma and Reliance is a “home improvement contract”
as defined by Business & Professions Code §7151.2. Reliance owed a duty to 1367 Natoma to comply
with all statutory requirements applicable to home improvement contracts, including those set forth in
Business & Professions Code §7159.5.
16. In violation of its duty to 1367 Natoma, Reliance violated various statutory
requirements applicable to home improvement contracts, including those set forth in Business &
Professions Code §7159.5. By way of example and not limitation, Reliance violated Business &
Professions Code §7159.5(a) as follows: (i) unlawfully collecting a down payment under the
Agreement in excess of that allowed by Business & Professions Code §7159.5(a)(3); (ii) failed to
provide a schedule of payments in dollars specifically referencing the amount of work or services to be
performed and any materials and equipment to be supplied as required by Business & Professions
Code §7159.5(a)(4); and (iii) requesting and accepting payment that exceeded the value of the work
performed or material delivered in violation of Business & Professions Code §7159.5(a)(5).
17. As a result of Reliance’s violation of the Business & Professions Code §7159.5, 1367
Natoma has suffered damages in an amount to be proven at trial.
FOURTH CAUSE OF ACTION
Fraud
18. 1367 Natoma incorporates by reference and realleges each and every prior allegation,
as though fully set forth herein.
19. Reliance made numerous material misrepresentations of commission and omission to
1367 Natoma, including but not limited to: the progress of demolition of the building in November
2018, paying permit application fees by check with insufficient funds in March 2019, billing for
framing in March 2019 that was not done, and the proper completion of the foundation in July, 2019.
20. At the time Reliance made these misrepresentations, Reliance knew that they were
false.
4
COMPLAINT21. Reliance intended that 1367 Natoma rely on these misrepresentations by, for example,
continuing to invoice 1367 Natoma for false progress payments.
22, 1367 Natoma justifiably relied on Reliance’s misrepresentations, believing them to be
true.
23. Asa legal result of Reliance’s misrepresentations, 1376 Natoma has been damaged in
an amount to be proven at trial.
24. In making these misrepresentations, Reliance acted with malice, oppression or fraud, so
1367 Natoma is entitled to punitive damages pursuant to Civil Code §3294.
PRAYER FOR RELIEF
WHEREFORE, 1367 Natoma St. SF, LLC demands judgment against Defendants for the
following:
1. For special, general and punitive damages in an amount to be proven at trial;
2. For reasonable attorney fees and costs; and
3. For such other and further relief as the Court deems just.
DATED: April 2, 2020 QUADRA & COLL, LLP
By: pot 2
JAMES A. QUADRA
REBECCA COLL
ROBERT D. SANFORD
—
Attorneys for 1367 Natoma St. SF, LLC
3
COMPLAINTCM-010
imei Gere SNORT NTs Ponce
Quadra & Coll LLP °
649 Mission Street, Fifth Floor
San Francisco. CA’94105 FILED T
tevepnone wo: 415.426.3502 FAX NO. SUPERIOR COUR SCO
artonney FOr (tame): Plaintiff 1367 Natoma St SF LLC COUNTY OF SAN FRANCI
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
strcer asoRess: 40) McAllister Street APR 0 8 2020
MAILING ADDRESS:
eryann ap cove. San Francisco / 94102
RANCH NAME:
CASE NAME:
1367 Natoma St SF LLC v. Reliance Building and Maintenance, LLC
CIVIL CASE COVER SHEET Complex Case Designation yO 2 90-5840 4}
¥ | Unlimited Limited Cle oO Joind
(Amount {Amount L_J} Counter joinder sooe
demanded demanded is Filed with first appearance by defendant | ~~~
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
Aulo(22) V] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) [_] Antitrust/trade regulation (03)
Other PYPDAWD (Personal Injury/Property L__] Other collections (09) [_] Construction defect (10)
Damage/Wrongful Death) Tort (_} insurance coverage (18) [_] Mass tort (40)
Asbestos (04) [—] other contract (37) [_] securities litigation (28)
Product liability (24) Real Property {_] Environmenta/Toxie tort (30)
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
Other PUPDAWD (23) condemnation (14) above listed provisionally complex case
Non-PUPDIWD (Other) Tort Wrongful eviction (33) ‘ypes (41)
Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment
[1 civitrights (08) Unlawful Detainer Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) RICO (27)
L_] Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25) judicial Review Miscellaneous Civil Petition
Other non-PUPD/WD tort (35) LJ Asset torteture (05) Partnership and corporate governance (21)
Employment LJ Petition re: arbitration award (11) Other petition (not specified above) (43)
Wrongful termination (36) (] wait of mandate (02)
Other employment (15) [1 other judicial review (39)
2. This case is Lv ]isnot complex under rule 3.400 of the California Rules of Court, If the case is complex, mark the
factors requiring exceptional judicial management:
a. Large number of separately represented parties d. Large number of witnesses
b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. Substantial amount of documentary evidence f Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a._v_| monetary b. nonmonetary; declaratory or injunctive relief — c. punitive
4, Number of causes*of action (specify): Four (4) 4
5. Thiscase L_lis [isnot a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM/Q ad)
Date: April 2, 2020
James A. Quadra >
{TYPE OR PRINT NAME) senRtGRE ‘OF PARTY OR ATTORNE: FOR PARTY)
NOTICE
e Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
* File 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. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding,
| © Unless this is a collections case under rule 3,740 or a complex case, this cover sheet will be used for statistical purposes only.
ge 10h 2)
CIVIL CASE COVER SHEET
NY FAX
Form Adopted for Man
sudicial Coun
‘Cxa-610 fFCM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civi! Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3,220 of the California Rules of Court. .
To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiff's designation, a countér-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
Auto Tort
Auto (22}-Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other P/PDIWD (Personal Injury/
Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury!
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PYPDIWD (23)
Premises Liability (e.9., slip
and fall)
Intentional Bodily Injury/PD/WD-
{e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PYPOWD
Non-PI/PDIWD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (nol civil
harassment) (08)
Defamation (e.g.. slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(noi medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (18)
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/;Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
ContractWarranty Breach—Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract!
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case—Seller Plaintiff
Other Promissory Note/Collections
Ci
ase
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Morigage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landiord/tenant, or
foreclosure)
Unlawful Detainer
‘Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
AntitrusTrade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
{arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tortnon-complex)
Other Civil Complaint
(non-tort/non-complex)
Miscellaneous Civil Petition
Parinership and Corporate
Governance (21)
Other Pelilion (not specified
above) (43)
Civil Haressment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Coniest
Petition for Name Change
Petition for Relief From Late
Claim.
Other Civil Petition
CM070 [Pev. Jol
CIVIL CASE COVER SHEET
Page 2 0f2
Preview
SUM-100 (CITACION Jubie 1AL) (60 a TE ON ere NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): RELIANCE BUILDING AND MAINTENANCE, LLC, DOES 1-50 YOU ARE BEING SUED BY PLAINTIFF: {LO ESTA DEMANDANDO EL DEMANDANTE): 1367 NATOMA ST SF, LLC, a California limited liability company NOTICE! You have been sued. The courl may decide against you without your being heard unless you respond within 30 days. Read the information below. 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 a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your | case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts i Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and properly 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 an attorney, you may want to calll an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www. courtinfo.ca.gav/selthelp), or by contacting your local court or county bar association, NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a continuacion. Tiene 30 DIAS DE CALENDARIO después de que Ie entreguen esta citacion y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en ja corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de a corte y més informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede més cerca. Si no puede pagar la cuota de presentacién, pida al secretario de Ja corte que le dé un formulario de exencién de pego de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con Ia corte o ef colegio de abogados locales. AVISO: For ley, fa corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. / The name and address of the court is: . . CASE NUMBER: (El nombre y direccién de la corte es): San Francisco Ge re 20- 58 404 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (EJ nombre, la direccién y el numero de teléfono del abogado de/ demandante, o def demandante que no tiene abogado, es): James A. Quadra, Quadra & Coll, LLP, 649 Mission Street, 5th FL, San Francisco, CA 94105, 415-426-3502 , Deputy (Adjunto) DATE: Clerk, by (Fecha) APR 03.2099 Clerk of the Court (Secretar (For proof of service of this Summons, use Proof of Service of Summons (form POS-010) Z (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-070)). NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): “3. on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416,90 (authorized person) other (specify): 4. by personal delivery on (date): Page tof "fade Counc ct Calorie SUMMONS O08 cnt cg SUMET0D Rev. July 1, 2003JAMES A. QUADRA, State Bar No. 131084 eutetioteeunr REBECCA COLL, State Bar No. 184468 COUNTY OF SAN FRANCISCO ROBERT D. SANFORD, State Bar No. 129790 . QUADRA & COLL, LLP APR 08 2020 649 Mission Street, Fifth Floor San Francisco, CA’ 94105 CLERK OF THE GOURT Telephone: (415) 426-3502 BY: Facsimile: (415) 625-9936 Bapuly Gar Attorneys for Plaintiff 1367 Natoma St SF, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISO 1367 NATOMA ST SF, LLC, a California Case No. C G C - 2 0 ~ 5 8 4 0 4 ] limited liability company COMPLAINT Plaintiff, VS. JURY TRIAL DEMANDED RELIANCE BUILDING AND MAINTENANCE, LLC, DOES 1-50, inclusive, Defendants. BY AX Plaintiff 1367 Natoma St SF, LLC alleges as follows: PARTIES . Plaintiff 1367 Natoma St SF, LLC (“1367 Natoma”) is a limited liability company organized and existing under the laws of the State of California. 2. Defendant Reliance Building and Maintenance, LLC (“Reliance”) is a limited liability company organized and existing under the laws,of the State of California and doing business in the City and County of San Francisco as a licensed general contractor. 3. 1367 Natoma is ignorant of the true names and capacities of Defendants sued herein as DOES | through 50 and therefore sues such Defendants by fictitious names. 1367 Natoma will amend this Complaint to allege the true names and capacities of DOES 1 through 50 when ascertained. 1367 Natoma is informed and believes that each of said Defendants designated herein is legally responsible and liable in the same manner for the events and happenings described herein and for the causes of 1 COMPLAINTaction alleged herein, and are therefore liable and responsible to 1367 Natoma for an amount be determined or for such other relief as may be afforded. 4. 1367 Natoma is informed and believes that each Defendant specifically or fictitiously named herein acted in his, her or its own right and is the agent, employee, representative or co- conspirator of some or all of the other Defendants, as to each of the matters set forth herein. Each such Defendant, whether specifically or fictitiously named, was at all times acting within the scope and purpose of such agency, employment, representation or conspiracy, or alternatively, if the acts of each such Defendant were not authorized at the time, such acts were subsequently ratified by the appropriate principal and Defendants. FIRST CAUSE OF ACTION Breach of Contract Against Reliance 5. During all relevant periods, 1367 Natoma owned or owns some or all of the residential real property located at 1367 Natoma in San Francisco, California (“Property”). On or about November 9, 2018, 1367 Natoma hired Reliance pursuant to an agreement (the “Agreement”) to perform major renovations of the Property, including but not limited to replacing the foundation; moving bathrooms; installing rough plumbing and electrical; installing finishes such as lighting and plumbing fixtures, cabinetry, countertops; installing sheetrock and flooring; replacing all windows; and painting the building (“Project”). In November 2018, Reliance charged and collected from 1367 Natoma a down payment of $10,000 prior to beginning work on the Project. 6. Reliance breached its obligations under the Agreement by failing to competently renovate the Property, including but not limited to: (i) demolishing portions of the Property without complying with the engineering and architectural plans, including removing load-bearing walls which destabilized the building; (ii) demolishing portions of the Property without permits or proper abatement of lead and asbestos; (iii) failing to timely perform the Project resulting in an unnecessary delay of at least six months; (iv) performing construction work without permits and in a dangerous manner which resulted in the issuance of a notice of violation by the City and County of San Francisco (“City”) in February 2019; (v) paying a permit application fee to the City with a check that had insufficient funds, resulting in the performance of unpermitted foundation work after revocation of the 2 COMPLAINTpermit; and unpermitted foundation work; (vi) incompetently performing foundation work, including failing to pour any of the foundation correctly, which resulted in a portion of the foundation having to be removed and re-poured, and the pouring of additional concrete; (vii) failing to pour several required footings at all; and (viii) overcharging for work performed on the Project. As a result of Reliance’s breach, 1367 Natoma terminated the Agreement on or about May 29, 2019. 7. 1367 Natoma performed all of its obligations under the Agreement to the extent the obligations were not excused. 8. As a result of Reliance’s breach of the Agreement, 1367 Natoma has been damaged in an amount to be proven at trial. SECOND CAUSE OF ACTION Negligence — Building Code Violations 9. 1367 Natoma incorporates by reference and realleges each and every prior allegation, as though fully set forth herein. 10. Reliance owed a duty to 1376 Natoma to construct the Project in conformity with all applicable building code requirements of the State of California and the City of San Francisco (“City”). 11. During and as part of its construction of the Project, Reliance engaged in negligent demolition and construction of the Project in a manner which failed to meet the standard of care as alleged in paragraph 6, including demolition and construction without a permit in violation of the City’s Building Code, which resulted in the City issuing a notice of violation. 12. Reliance knew or should have known that performing demolition and replacing the foundation without a permit violated the City’s Building Code and created an unreasonable risk of serious bodily harm. 13. As a result of Reliance’s violation of the City’s Building Code, 1367 Natoma has suffered damages in an amount to be proven at trial. A iW It 3 COMPLAINT 1THIRD CAUSE OF ACTION Negligence — Business & Professions Code Violations 14, 1367 Natoma incorporates by reference and realleges each and every prior allegation, as though fully set forth herein. 15. The Agreement between 1367 Natoma and Reliance is a “home improvement contract” as defined by Business & Professions Code §7151.2. Reliance owed a duty to 1367 Natoma to comply with all statutory requirements applicable to home improvement contracts, including those set forth in Business & Professions Code §7159.5. 16. In violation of its duty to 1367 Natoma, Reliance violated various statutory requirements applicable to home improvement contracts, including those set forth in Business & Professions Code §7159.5. By way of example and not limitation, Reliance violated Business & Professions Code §7159.5(a) as follows: (i) unlawfully collecting a down payment under the Agreement in excess of that allowed by Business & Professions Code §7159.5(a)(3); (ii) failed to provide a schedule of payments in dollars specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied as required by Business & Professions Code §7159.5(a)(4); and (iii) requesting and accepting payment that exceeded the value of the work performed or material delivered in violation of Business & Professions Code §7159.5(a)(5). 17. As a result of Reliance’s violation of the Business & Professions Code §7159.5, 1367 Natoma has suffered damages in an amount to be proven at trial. FOURTH CAUSE OF ACTION Fraud 18. 1367 Natoma incorporates by reference and realleges each and every prior allegation, as though fully set forth herein. 19. Reliance made numerous material misrepresentations of commission and omission to 1367 Natoma, including but not limited to: the progress of demolition of the building in November 2018, paying permit application fees by check with insufficient funds in March 2019, billing for framing in March 2019 that was not done, and the proper completion of the foundation in July, 2019. 20. At the time Reliance made these misrepresentations, Reliance knew that they were false. 4 COMPLAINT21. Reliance intended that 1367 Natoma rely on these misrepresentations by, for example, continuing to invoice 1367 Natoma for false progress payments. 22, 1367 Natoma justifiably relied on Reliance’s misrepresentations, believing them to be true. 23. Asa legal result of Reliance’s misrepresentations, 1376 Natoma has been damaged in an amount to be proven at trial. 24. In making these misrepresentations, Reliance acted with malice, oppression or fraud, so 1367 Natoma is entitled to punitive damages pursuant to Civil Code §3294. PRAYER FOR RELIEF WHEREFORE, 1367 Natoma St. SF, LLC demands judgment against Defendants for the following: 1. For special, general and punitive damages in an amount to be proven at trial; 2. For reasonable attorney fees and costs; and 3. For such other and further relief as the Court deems just. DATED: April 2, 2020 QUADRA & COLL, LLP By: pot 2 JAMES A. QUADRA REBECCA COLL ROBERT D. SANFORD — Attorneys for 1367 Natoma St. SF, LLC 3 COMPLAINTCM-010 imei Gere SNORT NTs Ponce Quadra & Coll LLP ° 649 Mission Street, Fifth Floor San Francisco. CA’94105 FILED T tevepnone wo: 415.426.3502 FAX NO. SUPERIOR COUR SCO artonney FOr (tame): Plaintiff 1367 Natoma St SF LLC COUNTY OF SAN FRANCI SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco strcer asoRess: 40) McAllister Street APR 0 8 2020 MAILING ADDRESS: eryann ap cove. San Francisco / 94102 RANCH NAME: CASE NAME: 1367 Natoma St SF LLC v. Reliance Building and Maintenance, LLC CIVIL CASE COVER SHEET Complex Case Designation yO 2 90-5840 4} ¥ | Unlimited Limited Cle oO Joind (Amount {Amount L_J} Counter joinder sooe demanded demanded is Filed with first appearance by defendant | ~~~ exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Aulo(22) V] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) [_] Antitrust/trade regulation (03) Other PYPDAWD (Personal Injury/Property L__] Other collections (09) [_] Construction defect (10) Damage/Wrongful Death) Tort (_} insurance coverage (18) [_] Mass tort (40) Asbestos (04) [—] other contract (37) [_] securities litigation (28) Product liability (24) Real Property {_] Environmenta/Toxie tort (30) Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the Other PUPDAWD (23) condemnation (14) above listed provisionally complex case Non-PUPDIWD (Other) Tort Wrongful eviction (33) ‘ypes (41) Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment [1 civitrights (08) Unlawful Detainer Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) L_] Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) judicial Review Miscellaneous Civil Petition Other non-PUPD/WD tort (35) LJ Asset torteture (05) Partnership and corporate governance (21) Employment LJ Petition re: arbitration award (11) Other petition (not specified above) (43) Wrongful termination (36) (] wait of mandate (02) Other employment (15) [1 other judicial review (39) 2. This case is Lv ]isnot complex under rule 3.400 of the California Rules of Court, If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence f Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a._v_| monetary b. nonmonetary; declaratory or injunctive relief — c. punitive 4, Number of causes*of action (specify): Four (4) 4 5. Thiscase L_lis [isnot a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM/Q ad) Date: April 2, 2020 James A. Quadra > {TYPE OR PRINT NAME) senRtGRE ‘OF PARTY OR ATTORNE: FOR PARTY) NOTICE e Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. * File 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. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding, | © Unless this is a collections case under rule 3,740 or a complex case, this cover sheet will be used for statistical purposes only. ge 10h 2) CIVIL CASE COVER SHEET NY FAX Form Adopted for Man sudicial Coun ‘Cxa-610 fFCM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civi! Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3,220 of the California Rules of Court. . To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a countér-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22}-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other P/PDIWD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other PYPDIWD (23) Premises Liability (e.9., slip and fall) Intentional Bodily Injury/PD/WD- {e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PYPOWD Non-PI/PDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (nol civil harassment) (08) Defamation (e.g.. slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (noi medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (18) CASE TYPES AND EXAMPLES Contract Breach of Contract/;Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContractWarranty Breach—Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case—Seller Plaintiff Other Promissory Note/Collections Ci ase Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Morigage Foreclosure Quiet Title Other Real Property (not eminent domain, landiord/tenant, or foreclosure) Unlawful Detainer ‘Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) AntitrusTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims {arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tortnon-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Parinership and Corporate Governance (21) Other Pelilion (not specified above) (43) Civil Haressment Workplace Violence Elder/Dependent Adult Abuse Election Coniest Petition for Name Change Petition for Relief From Late Claim. Other Civil Petition CM070 [Pev. Jol CIVIL CASE COVER SHEET Page 2 0f2