Preview
1 ROBERT P. HAMILTON, ESQ. – SBN 115744
rhamilton@gnhllp.com
2 JAMES L. McCORMICK, ESQ. – SBN 172647 ELECTRONICALLY
jmccormick@gnhllp.com
3 GOODMAN NEUMAN HAMILTON LLP F I L E D
Superior Court of California,
One Post Street, Suite 2100 County of San Francisco
4 San Francisco, California 94104
Telephone: (415) 705-0400 07/12/2021
5 Facsimile: (415) 705-0411 Clerk of the Court
BY: EDWARD SANTOS
Deputy Clerk
6 Attorneys for Defendant/Cross-Complainant
LEE & GEORGIOU INC. dba GEORGIOU CONST
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE CITY AND COUNTY OF SAN FRANCISCO
10
11 LUMINOUS ION LLC, Case No. CGC-20-585337
12 Plaintiff, FIRST AMENDED CROSS-
COMPLAINT BY LEE & GEORGIOU
13 vs. INC. dba GEORGIOU CONST
14 VICKI CHIAO, et al., Complaint Filed: July 9, 2020
Trial Date: Not Set
15 Defendants.
16 LEE & GEORGIOU INC. dba
17 GEORGIOU CONST,
18 Cross-Complainant,
19 vs.
EASTWOOD DEVELOPMENT
20 INCORPORATED; AMBER
FLOORING, INC.; CUSTOM COPPER
21 & SHEET METAL ROOFING, INC.; G
INTEGRITY ELECTRIC, INC.;
22 HYDRONICS, INC.; JEREMY HO dba
PACIFIC CONSTRUCTION STUDIO;
23 JJAY BUILDERS, INC.; NAYOUNG
SHEETMETAL CO., INC.; PAIGE
24 STRUCTURAL GLASS CO.; PEDRO
ARREOLA GONZALES dba ARREOLA
25 GLAZING; RZ’s WELDING; SURGE
Goodman TRISTAN LEVITAN dba SURGE
Neuman 26 LEVITAN TILE; and ROES 1 through
Hamilton LLP
One Post Street 50, inclusive,
Suite 2100 27
San Francisco, CA
94104 Cross-Defendants.
Tel.: (415) 705-0400
28
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 Defendant/Cross-Complainant LEE & GEORGIOU INC. dba GEORGIOU
2 CONST (referred to herein as “Cross-Complainant” and/or “LGI”), alleges as follows:
3 GENERAL ALLEGATIONS
4 1. Cross-Complainant is a California corporation, with its principal place of
5 business located at 471 24th Avenue, San Francisco, California 94121.
6 2. Cross-Complainant was, at all relevant times herein, and is, a general
7 contractor, duly licensed by the Contractor’s State License Board to conduct business in
8 the State of California and to engage in the work hereinafter described.
9 3. Cross-Complainant incorporates herein, by reference, solely for the purpose
10 of clarifying the allegations of this Cross-Complaint, without admitting any of the
11 allegations contained therein, the First Amended Complaint filed in the action captioned
12 Luminous Ion LLC v. Vicki Chiao aka Victoria Chiao, et al. (San Francisco Superior
13 Court No. CGC-20-585337; referred to herein as “the Complaint” or “the Action”), on
14 July 28, 2020.
15 4. Cross-Complainant LGI is informed and believes, and on that basis,
16 alleges, that the Action relates in part to construction defect claims by Plaintiff Luminous
17 Ion LLC (“Plaintiff”) that arise from a construction project at 367 Liberty Street, San
18 Francisco (referred to herein as “the 367 Project”).
19 5. Defendant 367 LIBERTY STREET, LLC (referred to herein as “367
20 LIBERTY”) retained Cross-Complainant as the general contractor for the 367 Project.
21 6. A related entity, 365 Liberty LLC (“365 Liberty”), retained Cross-
22 Complainant as the general contractor for a construction project at 365 Liberty Street,
23 San Francisco (referred to herein as “the 365 Project”).
24 7. Cross-Complainant hired subcontractors to provide labor and materials to
25 construct the 365 Project and 367 Project, including Cross-Defendants HYDRONICS,
Goodman
Neuman 26 INC. (referred to herein as “HYDRONICS”), JJAY BUILDERS, INC. (referred to herein
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
as “JJAY”), NAYOUNG SHEETMETAL CO. INC. (referred to herein as
94104
Tel.: (415) 705-0400
28 “NAYOUNG”), JEREMY HO dba PACIFIC CONSTRUCTION STUDIO (referred to
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 herein as “PACIFIC”), and PAIGE STRUCTURAL GLASS CO. (referred to herein as
2 “PAIGE”).
3 8. Cross-Complainant is informed and believes, and on that basis alleges, that
4 HYDRONICS was and is a corporation authorized to do and doing business under that
5 laws of the State of California.
6 9. Cross-Complainant is informed and believes, and on that basis alleges, that
7 PACIFIC was an individual authorized to do and doing business under that laws of the
8 State of California.
9 10. Cross-Complainant is informed and believes, and on that basis alleges, that
10 JJAY was and is a corporation authorized to do and doing business under that laws of the
11 State of California.
12 11. Cross-Complainant is informed and believes, and on that basis alleges, that
13 NAYOUNG was and is a corporation authorized to do and doing business under that laws
14 of the State of California.
15 12. Cross-Complainant is informed and believes, and on that basis alleges, that
16 PAIGE was and is a corporation authorized to do and doing business under that laws of
17 the State of California.
18 13. HYDRONICS, JJAY, NAYOUNG, PACIFIC, and PAIGE, are collectively
19 referred to herein as “LGI SUBCONTRACTORS.”
20 14. Cross-Complainant and the LGI SUBCONTRACTORS performed work at
21 the 365 Project and 367 Project until 365 Liberty and 367 LIBERTY terminated their
22 contracts with Cross-Complainant on or about July 2, 2018.
23 15. Cross-Complainant is informed and believes, and on the basis alleges, that
24 365 Liberty and 367 LIBERTY subsequently hired a new contractor, Cross-Defendant
25 EASTWOOD DEVELOPMENT, INCORPORATED (“EASTWOOD”), to complete the
Goodman
Neuman 26 365 Project and the 367 Project.
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
16. Cross-Complainant is informed and believes, and on the basis alleges, that
94104
Tel.: (415) 705-0400
28 EASTWOOD hired its own subcontractors to provide labor and materials to construct the
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 365 Project and 367 Project.
2 17. Cross-Complainant is informed and believes, and on the basis alleges, that
3 EASTWOOD’s subcontractors at the 365 Project and 367 Project included Cross-
4 Defendants AMBER FLOORING, INC. (referred to herein as “AMBER”), CUSTOM
5 COPPER & SHEET METAL ROOFING, INC., (referred to herein as “CUSTOM
6 COPPER”), G INTEGRITY ELECTRIC, INC. (referred to herein as “INTEGRITY”),
7 PEDRO ARREOLA GONZALES dba ARREOLA GLAZING (referred to herein as
8 “ARREOLA”), RZ’s WELDING (referred to herein as “RZ’s”), and SURGE TRISTAN
9 LEVITAN dba SURGE LEVITAN TILE (referred to herein as “LEVITAN”).
10 18. Cross-Complainant is informed and believes, and on that basis alleges, that
11 AMBER was and is a corporation authorized to do and doing business under that laws of
12 the State of California.
13 19. Cross-Complainant is informed and believes, and on that basis alleges, that
14 CUSTOM COPPER was and is a corporation authorized to do and doing business under
15 that laws of the State of California
16 20. Cross-Complainant is informed and believes, and on that basis alleges, that
17 INTEGRITY was and is a corporation authorized to do and doing business under that
18 laws of the State of California.
19 21. Cross-Complainant is informed and believes, and on that basis alleges, that
20 ARREOLA was and is an individual authorized to do and doing business under that laws
21 of the State of California.
22 22. Cross-Complainant is informed and believes, and on that basis alleges, that
23 RZ’s was and is a corporation authorized to do and doing business under that laws of the
24 State of California.
25 23. Cross-Complainant is informed and believes, and on that basis alleges, that
Goodman
Neuman 26 LEVITAN was and is an individual authorized to do and doing business under that laws
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
of the State of California.
94104
Tel.: (415) 705-0400
28 24. AMBER, CUSTOM COPPER, INTEGRITY, ARREOLA, RZ’s, and
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 LEVITAN, are collectively referred to herein as “EASTWOOD SUBCONTRACTORS.”
2 25. Cross-Complainant is informed and believes, and on the basis alleges, that
3 EASTWOOD and the EASTWOOD SUBCONTRACTORS completed the 367 Project
4 on or about July 2, 2019, and completed the 365 Project in about October 2020.
5 26. On or about July 26, 2019, 365 Liberty and 367 LIBERTY, submitted a
6 Demand for Arbitration to JAMS, in which they claimed that Cross-Complainant had
7 agreed in the construction contracts to submit their disputes to binding arbitration before
8 JAMS. The Demand for Arbitration sought to resolve contractual, and non-contractual
9 claims, against Cross-Complainant, including the allegation that Cross-Complainant and
10 its subcontractors negligently created defective and improper construction conditions at
11 both properties.
12 27. LGI filed a related civil action on September 18, 2019, to resolve its claims
13 against 367 LIBERTY, but later agreed to arbitrate (Lee & Georgiou, Inc. v. 365 Liberty,
14 LLC, et al., action, case No. CGC-19-579323) its dispute with 365 Liberty and 367
15 LIBERTY before Judge Robert Freedman (retired) of JAMS (Reference No.
16 1100106511; referred to herein as “the Arbitration”). The arbitration hearing was
17 completed in March 2021, but the final arbitration award has not been issued.
18 28. Cross-Complainant was not able to join its subcontractors in the JAMS
19 arbitration with 365 Liberty LLC, and 367 LIBERTY, because its subcontractors were
20 not contractually obligated to arbitrate with JAMS.
21 29. 365 Liberty LLC, and 367 LIBERTY, did not compel EASTWOOD to join
22 the JAMS arbitration.
23 30. Cross-Complainant is informed and believes, and on that basis, alleges, that
24 EASTWOOD’s subcontractors are not contractually obligated to arbitrate any disputes.
25 31. Cross-Complainant does not know the true names or capacities, whether
Goodman
Neuman 26 individual, corporate, associate or otherwise, of Cross-Defendants sued herein as ROES 1
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
through 50, inclusive, and prays leave that when the true names and capacities are
94104
Tel.: (415) 705-0400
28 ascertained, Cross-Complainant may be permitted to insert the same herein with
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 appropriate allegations.
2 32. Cross-Complainant is informed and believes, and thereon alleges, that
3 Cross-Defendants ROES 1 through 25 were contractors, subcontractors, material
4 suppliers, and/or design professionals, that participated in some manner in the
5 construction, design or provision of materials and services to the 365 Project and 367
6 Project during the time period when Cross-Complainant was the general contractor for
7 the 365 Project and 367 Project. Cross-Defendants ROES 1 through 25 were negligent
8 and tortiously responsible, or responsible in some manner, and thereby proximately
9 caused the injuries and damages alleged in the Action and/or the Arbitration.
10 33. Cross-Complainant is informed and believes, and thereon alleges, that
11 Cross-Defendants ROES 26 through 50 were contractors, subcontractors, material
12 suppliers, and/or design professionals, that participated in some manner in the
13 construction, design or provision of materials and services to the 365 Project and 367
14 Project during the time period when EASTWOOD was the general contractor for the 365
15 Project and 367 Project. Cross-Defendants ROES 26 through 50 were negligent and
16 tortiously responsible, or responsible in some manner, and thereby proximately caused
17 the injuries and damages alleged in the Action and/or the Arbitration.
18 34. To the extent that any Cross-Defendant may have declared bankruptcy
19 and/or filed a bankruptcy proceeding, and to the extent any such proceeding is valid,
20 Cross-Complainant does not intend to proceed against any such Cross-Defendant directly
21 or any such Cross-Defendant’s assets, but rather intends to obtain a judgment and then
22 proceed only against any bankrupt Cross-Defendant’s applicable liability insurance
23 policies. Accordingly, to the extent applicable, this lawsuit and any act in furtherance
24 thereof as to any bankrupt Cross-Defendant is authorized pursuant to In Re: Beeney
25 (1992) 142 Bankr. 360 (holding that a Cross-Defendant’s bankruptcy does not stay a
Goodman
Neuman 26 lawsuit if it is the Cross-Complainant’s intention not to pursue any assets of a bankrupt
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
Cross-Defendant, but to seek satisfaction of a judgment solely from available insurance
94104
Tel.: (415) 705-0400
28 proceeds).
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 FIRST CAUSE OF ACTION
2 Breach of Contract
3 (against LGI SUBCONTRACTORS and ROES 1 through 25)
4 35 Cross-Complainant incorporates herein by reference the allegations set
5 forth in paragraphs 1 through 34, inclusive, as though fully set forth below.
6 36. Cross-Complainant entered into written agreements with LGI
7 SUBCONTRACTORS, and ROES 1 through 25, wherein LGI SUBCONTRACTORS,
8 and ROES 1 through 25, agreed to provide labor, materials, and/or services in connection
9 with the construction of the 365 Project and 367 Project.
10 37. Pursuant to such agreements, and among other things, LGI
11 SUBCONTRACTORS, and ROES 1 through 25, and each of them, expressly agreed that
12 they would perform their scope of work under their written agreements promptly and in a
13 workmanlike manner.
14 38. During the course of their work at the 365 Project and 367 Project, LGI
15 SUBCONTRACTORS, and ROES 1 through 25, and each of them, failed, refused, or
16 neglected to properly perform their scopes of work as required under the terms of the
17 written agreements with Cross-Complainant.
18 39. As a result of the above acts and/or omissions, LGI SUBCONTRACTORS,
19 and ROES 1 through 25, and each of them, breached their agreements with Cross-
20 Complainant.
21 40. Cross-Complainant fully performed all conditions, covenants, and promises
22 required by it to be performed in accordance with the terms of the respective agreements
23 with LGI SUBCONTRACTORS, and ROES 1 through 25, and each of them, except as
24 excused, waived, or prevented by LGI SUBCONTRACTORS, and ROES 1 through 25.
25 41. As a proximate result of breaches of their respective agreements by LGI
Goodman
Neuman 26 SUBCONTRACTORS, and ROES 1 through 25, and each of them, Cross-Complainant
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
has been damaged, including but not limited to, contract damages, expert costs, expenses,
94104
Tel.: (415) 705-0400
28 and interest in an amount to be determined according to proof at trial, but in an amount in
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 excess of the jurisdictional limits of this court.
2 WHEREFORE, Cross-Complainant prays for judgment as hereinafter set forth.
3 SECOND CAUSE OF ACTION
4 Comparative Indemnity
5 (against LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD
6 SUBCONTRACTORS, and ROES 1 through 50)
7 42. Cross-Complainant incorporates herein by reference the allegations set
8 forth in Paragraphs 1 through 41, inclusive, of this Cross-Complaint as though set forth
9 below.
10 43. Cross-Complainant denies any and all liability in connection with the
11 Action, and the Arbitration, but in the event that Plaintiff establishes liability in
12 connection with the Action, or an award adverse to LGI is issued in the Arbitration,
13 Cross-Complainant alleges that such liability, if any, will be solely, or in part, on a
14 comparative fault basis, based on tortious and negligent conduct by LGI
15 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES
16 1 through 50, or other responsibility, and only secondarily, or in part, on a comparative
17 fault basis, on the conduct of Cross-Complainant.
18 WHEREFORE, Cross-Complainant prays for judgment as hereafter set forth.
19 THIRD CAUSE OF ACTION
20 Equitable Indemnity
21 (against LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD
22 SUBCONTRACTORS, and ROES 1 through 50)
23 44. Cross-Complainant re-alleges and incorporates herein by reference as
24 though set forth in full the allegations in Paragraphs 1 through 43, inclusive, of this
25 Cross-Complaint.
Goodman
Neuman 26 45. Cross-Complainant is informed and believes and thereon alleges that if it is
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
found to be liable for the damages, if any, allegedly sustained by Plaintiff, or if an award
94104
Tel.: (415) 705-0400
28 adverse to LGI is issued in the Arbitration, LGI SUBCONTRACTORS, EASTWOOD,
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 EASTWOOD SUBCONTRACTORS, and ROES 1 through 50, and each of them, have
2 an equitable obligation to indemnify Cross-Complainant because of the active, primary
3 nature of the conduct of LGI SUBCONTRACTORS, EASTWOOD. EASTWOOD
4 SUBCONTRACTORS, and ROES 1 through 50, as contrasted with the passive,
5 secondary nature of the conduct of Cross-Complainant. Accordingly, LGI
6 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES
7 1 through 50, and each of them, are required by law to hold Cross-Complainant harmless
8 and to indemnify it for the amount of any judgment or settlement that Cross-Complainant
9 may be compelled to pay to Plaintiff, or pursuant to an adverse award in the Arbitration,
10 including costs of suit, attorney fees and other damages which Cross-Complainant may
11 incur as a result of the Action or the Arbitration.
12 WHEREFORE, Cross-Complainant prays for judgment as hereinafter set forth.
13 FOURTH CAUSE OF ACTION
14 Implied Contractual Indemnity
15 (against LGI SUBCONTRACTORS and ROES 1 through 50)
16 46. Cross-Complainant incorporates herein by reference the allegations set
17 forth in Paragraphs 1 through 45, inclusive, of this Cross-Complaint as though set forth
18 below.
19 47. That on information and belief, Cross-Complainant entered into written
20 agreements with LGI SUBCONTRACTORS, ROES 1 through 50 and each of them, with
21 the implied term of such agreements that LGI SUBCONTRACTORS, and ROES 1
22 through 50, would indemnify and save harmless, protect and defend, Cross-Complainant,
23 its officers, agents, servants and employees from any and all claims, actions, proceedings,
24 liabilities, judgments, losses, injuries, damages, costs and expenses, including legal fees
25 and disbursements, which Cross-Complainant may directly or indirectly sustain or incur
Goodman
Neuman 26 by reason of the work or operations performed by LGI SUBCONTRACTORS, and
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
ROES 1 through 25, at the 365 Project and 367 Project.
94104
Tel.: (415) 705-0400
28 48. That Cross-Complainant has performed all of the conditions and
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 obligations to be performed on its part under the aforesaid agreements.
2 49. That as a result of the negligence or responsibility of LGI
3 SUBCONTRACTORS, and ROES 1 through 50, and each of them, Cross-Complainant
4 has been required to or may be required to expend substantial sums in settlement or
5 satisfaction of any judgment or Arbitration award.
6 50. Cross-Complainant is entitled to indemnification from LGI
7 SUBCONTRACTORS, and ROES 1 through 50, and each of them, for all otherwise
8 recoverable fees, expenses, costs, and attorney fees incurred in connection with the
9 Action or the Arbitration.
10 WHEREFORE, Cross-Complainant prays for judgment as hereinafter set forth.
11 FIFTH CAUSE OF ACTION
12 Declaratory Relief
13 (against LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD
14 SUBCONTRACTORS, and ROES 1 through 50)
15 51. Cross-Complainant re-alleges and incorporates herein by reference as
16 though set forth in full the allegations in Paragraphs 1 through 50, inclusive, of this
17 Cross-Complaint.
18 52. As a result of the aforementioned circumstances, an actual controversy has
19 arisen and now exists between Cross-Complainant and LGI SUBCONTRACTORS,
20 Cross-Complainant and EASTWOOD, Cross-Complainant and EASTWOOD
21 SUBCONTRACTORS, and Cross-Complainant and ROES 1 through 50, with respect to
22 the causes of action asserted herein.
23 53. As a result of the aforementioned circumstances, an actual controversy has
24 arisen and now exists between Cross-Complainant, on the one hand, and LGI
25 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS and ROES
Goodman
Neuman 26 1 through 50, inclusive, on the other hand, with respect to the causes of action asserted
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
herein.
94104
Tel.: (415) 705-0400
28 54. Cross-Complainant requests a declaration of the rights, obligations and
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 liabilities of Cross-Complainant and LGI SUBCONTRACTORS, Cross-Complainant and
2 EASTWOOD, Cross-Complainant and EASTWOOD SUBCONTRACTORS, , and
3 Cross-Complainant and ROES 1 through 50, and each of them, in order to avoid a
4 circuitry of actions, multiplicity of suits, the needless expenditure of time and money, and
5 to secure a speedy, definite and complete determination of the legal relations and
6 obligations of the parties in this action with reference to the matters alleged herein. In
7 particular, Cross-Complainant desires a declaration of the respective liabilities of Cross-
8 Complainant and LGI SUBCONTRACTORS, Cross-Complainant and EASTWOOD,
9 Cross-Complainant and EASTWOOD SUBCONTRACTORS, , and Cross-Complainant
10 and ROES 1 through 50, for the damages alleged in the Action or the Arbitration, if any,
11 and a declaration of the respective responsibilities of LGI SUBCONTRACTORS,
12 EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES 1 through 50, to so
13 indemnify Cross-Complainant for the sums which Cross-Complainant may be compelled
14 to pay, and for which LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD
15 SUBCONTRACTORS, and ROES 1 through 50 have been determined responsible, as
16 well as attorney fees and/or costs, if any, of the suit incurred by Cross-Complainant in the
17 Action or the Arbitration.
18 WHEREFORE, Cross-Complainant prays for judgment against LGI
19 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES
20 1 through 50, inclusive, and each of them, jointly and severally, as follows:
21 1. For judgments and awards consistent with the prayers and requests herein;
22 2. For a declaration that LGI SUBCONTRACTORS, and ROES 1 through 25,
23 breached their respective contracts with Cross-Complainant;
24 3. For a judgment for the breach of said contracts in an amount to be proven at
25 trial;
Goodman
Neuman 26 4. For compensatory, consequential, and incidental damages;
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
5. Pre-judgment interest to the fullest extent allowed by law;
94104
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28 6. For attorney fees as allowed by law and the contracts;
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 7. For costs of suit incurred herein;
2 8. All judgments, awards or interests be against LGI SUBCONTRACTORS
3 EASTWOOD, EASTWOOD, and ROES 1 through 50 jointly and severally; and/or
4 9. For such other and further relief as the Court may deem proper.
5 DATED: June 7, 2021 GOODMAN NEUMAN HAMILTON LLP
6
7 By:
JAMES L. McCORMICK
8 Attorneys for Defendant/
Cross-Complainant
9 LEE & GEORGIOU INC. dba
GEORGIOU CONST
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Goodman
Neuman 26
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
94104
Tel.: (415) 705-0400
28
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FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST
1 PROOF OF SERVICE
2 CASE NAME: Luminous Ion LLC v. Chiao, Vicki, et al. (Georgiou)
CASE NUMBER: CGC-20-585337
3 DATE OF SERVICE: July 12, 2021
4 DESCRIPTION OF DOCUMENTS SERVED:
5 FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba
GEORGIOU CONST
6
SERVED ON THE FOLLOWING:
7
Michael C. Miller Douglas Akay
8 LAW OFFICE OF MICHAEL C. MILLER Elsa Berry
530 Oak Grove Avenue, Suite 106 AKAY LAW
9 Menlo Park, CA 94025 100 Pine Street, Suite 2700
T: (650) 323-2003 / F: (650) 323-2005 San Francisco, CA 94111
10 lawofficemichaelcmiller@gmail.com T: (415) 764-1999 / F: (415) 764-1994
collect1@earthlink.net dnakay@akaylaw.com
11 Counsel for Luminous Ion LLC eberry@akaylaw.com
Co-Counsel for Lee & Georgiou Inc. dba
12 Georgiou Const
13 Richard E. Elder Darren M. Ebner, Esq., SBN 208673
Bryan S. Silverman Kathryn L. Kim, Esq., SBN 232658
14 Angela Li SPRINGEL & FINK LLP 20377 SW
LUBIN OLSON & NIEWIADOMSKI Acacia Street, Suite 250 Newport Beach,
15 The Transamerica Pyramid CA 92660-0780
600 Montgomery Street, 14th Floor T: (714) 957-5742 | F: (714) 957-5762
16 San Francisco, CA 94111
T: (415) 981-0550 / F: (415) 981-4343 kkim@springelfink.com
17 relder@lubinolson.com debner@springelfink.com
bsilverman@lubinolson.com Counsel for Eastwood Development, Inc.
18 ali@lubinolson.com
Counsel for 367 Liberty Street, LLC
19 erroneously sued herein as 367 Liberty
LLC
20
Ralph R. Rhoades Richard G. Arneal
21 Parton & Sell Van De Poel, Levy, Thomas, Arneal LLP
523 Fourth Street, Ste. 210 1600 South Main Plaza, Ste. 325
22 San Rafael, CA 94901 Walnut Creek, CA 94596
T: (415) 258-9700 / F: (415) 258-9739 T: (925) 934-6102 / F: (925) 934-6060
23 rrhoades@partonsell.com rarneal@vanlevylaw.com
Counsel for Amber Flooring, Inc.
Counsel for Custom Copper & Sheet
24 Metal Roofing, Inc.
25
Goodman
Neuman 26
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
94104
Tel.: (415) 705-0400
28
PROOF OF SERVICE
1 Micah Yospe
Nick Stabile
2 Phillips Spallas & Angstadt LLP
560 Mission St., Ste. 1010
3 San Francisco, CA 94105
T: (415) 278-9400 / F: (415) 278-9411
4 myospe@psalaw.net
nstabile@psalaw.net
5 Attorneys for G Integrity Electric, Inc.
6 I am over the age of 18 years and not a party to or interested in the above-named
case. I am an employee of Goodman Neuman Hamilton LLP, and my business address is
7 One Post Street, Suite 2100, San Francisco, CA 94104. On the date stated above,
I served a true copy of the document(s) described above:
8
BY ELECTRONIC TRANSMISSION ONLY: I caused a copy of the
9 document(s) to be sent from e-mail address mrosario@gnhllp.com to the persons at the e-
mail addresses listed in the Service List. This electronic service is sent to the email
10 addresses obtained in compliance with Emergency Rule 12 of the Emergency Rules
Related to COVID-19. During the Coronavirus (COVID-19) pandemic, this office will be
11 working remotely, not able to send physical mail as usual, and is therefore using only
12 electronic mail. No electronic message or other indication that the transmission was
unsuccessful was received within a reasonable time after the transmission.
13 I declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct and that this declaration was executed on the date stated above.
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16 Marisol Rosario
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Goodman
Neuman 26
Hamilton LLP
One Post Street
Suite 2100 27
San Francisco, CA
94104
Tel.: (415) 705-0400
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PROOF OF SERVICE
Preview
1 ROBERT P. HAMILTON, ESQ. – SBN 115744 rhamilton@gnhllp.com 2 JAMES L. McCORMICK, ESQ. – SBN 172647 ELECTRONICALLY jmccormick@gnhllp.com 3 GOODMAN NEUMAN HAMILTON LLP F I L E D Superior Court of California, One Post Street, Suite 2100 County of San Francisco 4 San Francisco, California 94104 Telephone: (415) 705-0400 07/12/2021 5 Facsimile: (415) 705-0411 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk 6 Attorneys for Defendant/Cross-Complainant LEE & GEORGIOU INC. dba GEORGIOU CONST 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE CITY AND COUNTY OF SAN FRANCISCO 10 11 LUMINOUS ION LLC, Case No. CGC-20-585337 12 Plaintiff, FIRST AMENDED CROSS- COMPLAINT BY LEE & GEORGIOU 13 vs. INC. dba GEORGIOU CONST 14 VICKI CHIAO, et al., Complaint Filed: July 9, 2020 Trial Date: Not Set 15 Defendants. 16 LEE & GEORGIOU INC. dba 17 GEORGIOU CONST, 18 Cross-Complainant, 19 vs. EASTWOOD DEVELOPMENT 20 INCORPORATED; AMBER FLOORING, INC.; CUSTOM COPPER 21 & SHEET METAL ROOFING, INC.; G INTEGRITY ELECTRIC, INC.; 22 HYDRONICS, INC.; JEREMY HO dba PACIFIC CONSTRUCTION STUDIO; 23 JJAY BUILDERS, INC.; NAYOUNG SHEETMETAL CO., INC.; PAIGE 24 STRUCTURAL GLASS CO.; PEDRO ARREOLA GONZALES dba ARREOLA 25 GLAZING; RZ’s WELDING; SURGE Goodman TRISTAN LEVITAN dba SURGE Neuman 26 LEVITAN TILE; and ROES 1 through Hamilton LLP One Post Street 50, inclusive, Suite 2100 27 San Francisco, CA 94104 Cross-Defendants. Tel.: (415) 705-0400 28 -1- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 Defendant/Cross-Complainant LEE & GEORGIOU INC. dba GEORGIOU 2 CONST (referred to herein as “Cross-Complainant” and/or “LGI”), alleges as follows: 3 GENERAL ALLEGATIONS 4 1. Cross-Complainant is a California corporation, with its principal place of 5 business located at 471 24th Avenue, San Francisco, California 94121. 6 2. Cross-Complainant was, at all relevant times herein, and is, a general 7 contractor, duly licensed by the Contractor’s State License Board to conduct business in 8 the State of California and to engage in the work hereinafter described. 9 3. Cross-Complainant incorporates herein, by reference, solely for the purpose 10 of clarifying the allegations of this Cross-Complaint, without admitting any of the 11 allegations contained therein, the First Amended Complaint filed in the action captioned 12 Luminous Ion LLC v. Vicki Chiao aka Victoria Chiao, et al. (San Francisco Superior 13 Court No. CGC-20-585337; referred to herein as “the Complaint” or “the Action”), on 14 July 28, 2020. 15 4. Cross-Complainant LGI is informed and believes, and on that basis, 16 alleges, that the Action relates in part to construction defect claims by Plaintiff Luminous 17 Ion LLC (“Plaintiff”) that arise from a construction project at 367 Liberty Street, San 18 Francisco (referred to herein as “the 367 Project”). 19 5. Defendant 367 LIBERTY STREET, LLC (referred to herein as “367 20 LIBERTY”) retained Cross-Complainant as the general contractor for the 367 Project. 21 6. A related entity, 365 Liberty LLC (“365 Liberty”), retained Cross- 22 Complainant as the general contractor for a construction project at 365 Liberty Street, 23 San Francisco (referred to herein as “the 365 Project”). 24 7. Cross-Complainant hired subcontractors to provide labor and materials to 25 construct the 365 Project and 367 Project, including Cross-Defendants HYDRONICS, Goodman Neuman 26 INC. (referred to herein as “HYDRONICS”), JJAY BUILDERS, INC. (referred to herein Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA as “JJAY”), NAYOUNG SHEETMETAL CO. INC. (referred to herein as 94104 Tel.: (415) 705-0400 28 “NAYOUNG”), JEREMY HO dba PACIFIC CONSTRUCTION STUDIO (referred to -2- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 herein as “PACIFIC”), and PAIGE STRUCTURAL GLASS CO. (referred to herein as 2 “PAIGE”). 3 8. Cross-Complainant is informed and believes, and on that basis alleges, that 4 HYDRONICS was and is a corporation authorized to do and doing business under that 5 laws of the State of California. 6 9. Cross-Complainant is informed and believes, and on that basis alleges, that 7 PACIFIC was an individual authorized to do and doing business under that laws of the 8 State of California. 9 10. Cross-Complainant is informed and believes, and on that basis alleges, that 10 JJAY was and is a corporation authorized to do and doing business under that laws of the 11 State of California. 12 11. Cross-Complainant is informed and believes, and on that basis alleges, that 13 NAYOUNG was and is a corporation authorized to do and doing business under that laws 14 of the State of California. 15 12. Cross-Complainant is informed and believes, and on that basis alleges, that 16 PAIGE was and is a corporation authorized to do and doing business under that laws of 17 the State of California. 18 13. HYDRONICS, JJAY, NAYOUNG, PACIFIC, and PAIGE, are collectively 19 referred to herein as “LGI SUBCONTRACTORS.” 20 14. Cross-Complainant and the LGI SUBCONTRACTORS performed work at 21 the 365 Project and 367 Project until 365 Liberty and 367 LIBERTY terminated their 22 contracts with Cross-Complainant on or about July 2, 2018. 23 15. Cross-Complainant is informed and believes, and on the basis alleges, that 24 365 Liberty and 367 LIBERTY subsequently hired a new contractor, Cross-Defendant 25 EASTWOOD DEVELOPMENT, INCORPORATED (“EASTWOOD”), to complete the Goodman Neuman 26 365 Project and the 367 Project. Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA 16. Cross-Complainant is informed and believes, and on the basis alleges, that 94104 Tel.: (415) 705-0400 28 EASTWOOD hired its own subcontractors to provide labor and materials to construct the -3- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 365 Project and 367 Project. 2 17. Cross-Complainant is informed and believes, and on the basis alleges, that 3 EASTWOOD’s subcontractors at the 365 Project and 367 Project included Cross- 4 Defendants AMBER FLOORING, INC. (referred to herein as “AMBER”), CUSTOM 5 COPPER & SHEET METAL ROOFING, INC., (referred to herein as “CUSTOM 6 COPPER”), G INTEGRITY ELECTRIC, INC. (referred to herein as “INTEGRITY”), 7 PEDRO ARREOLA GONZALES dba ARREOLA GLAZING (referred to herein as 8 “ARREOLA”), RZ’s WELDING (referred to herein as “RZ’s”), and SURGE TRISTAN 9 LEVITAN dba SURGE LEVITAN TILE (referred to herein as “LEVITAN”). 10 18. Cross-Complainant is informed and believes, and on that basis alleges, that 11 AMBER was and is a corporation authorized to do and doing business under that laws of 12 the State of California. 13 19. Cross-Complainant is informed and believes, and on that basis alleges, that 14 CUSTOM COPPER was and is a corporation authorized to do and doing business under 15 that laws of the State of California 16 20. Cross-Complainant is informed and believes, and on that basis alleges, that 17 INTEGRITY was and is a corporation authorized to do and doing business under that 18 laws of the State of California. 19 21. Cross-Complainant is informed and believes, and on that basis alleges, that 20 ARREOLA was and is an individual authorized to do and doing business under that laws 21 of the State of California. 22 22. Cross-Complainant is informed and believes, and on that basis alleges, that 23 RZ’s was and is a corporation authorized to do and doing business under that laws of the 24 State of California. 25 23. Cross-Complainant is informed and believes, and on that basis alleges, that Goodman Neuman 26 LEVITAN was and is an individual authorized to do and doing business under that laws Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA of the State of California. 94104 Tel.: (415) 705-0400 28 24. AMBER, CUSTOM COPPER, INTEGRITY, ARREOLA, RZ’s, and -4- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 LEVITAN, are collectively referred to herein as “EASTWOOD SUBCONTRACTORS.” 2 25. Cross-Complainant is informed and believes, and on the basis alleges, that 3 EASTWOOD and the EASTWOOD SUBCONTRACTORS completed the 367 Project 4 on or about July 2, 2019, and completed the 365 Project in about October 2020. 5 26. On or about July 26, 2019, 365 Liberty and 367 LIBERTY, submitted a 6 Demand for Arbitration to JAMS, in which they claimed that Cross-Complainant had 7 agreed in the construction contracts to submit their disputes to binding arbitration before 8 JAMS. The Demand for Arbitration sought to resolve contractual, and non-contractual 9 claims, against Cross-Complainant, including the allegation that Cross-Complainant and 10 its subcontractors negligently created defective and improper construction conditions at 11 both properties. 12 27. LGI filed a related civil action on September 18, 2019, to resolve its claims 13 against 367 LIBERTY, but later agreed to arbitrate (Lee & Georgiou, Inc. v. 365 Liberty, 14 LLC, et al., action, case No. CGC-19-579323) its dispute with 365 Liberty and 367 15 LIBERTY before Judge Robert Freedman (retired) of JAMS (Reference No. 16 1100106511; referred to herein as “the Arbitration”). The arbitration hearing was 17 completed in March 2021, but the final arbitration award has not been issued. 18 28. Cross-Complainant was not able to join its subcontractors in the JAMS 19 arbitration with 365 Liberty LLC, and 367 LIBERTY, because its subcontractors were 20 not contractually obligated to arbitrate with JAMS. 21 29. 365 Liberty LLC, and 367 LIBERTY, did not compel EASTWOOD to join 22 the JAMS arbitration. 23 30. Cross-Complainant is informed and believes, and on that basis, alleges, that 24 EASTWOOD’s subcontractors are not contractually obligated to arbitrate any disputes. 25 31. Cross-Complainant does not know the true names or capacities, whether Goodman Neuman 26 individual, corporate, associate or otherwise, of Cross-Defendants sued herein as ROES 1 Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA through 50, inclusive, and prays leave that when the true names and capacities are 94104 Tel.: (415) 705-0400 28 ascertained, Cross-Complainant may be permitted to insert the same herein with -5- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 appropriate allegations. 2 32. Cross-Complainant is informed and believes, and thereon alleges, that 3 Cross-Defendants ROES 1 through 25 were contractors, subcontractors, material 4 suppliers, and/or design professionals, that participated in some manner in the 5 construction, design or provision of materials and services to the 365 Project and 367 6 Project during the time period when Cross-Complainant was the general contractor for 7 the 365 Project and 367 Project. Cross-Defendants ROES 1 through 25 were negligent 8 and tortiously responsible, or responsible in some manner, and thereby proximately 9 caused the injuries and damages alleged in the Action and/or the Arbitration. 10 33. Cross-Complainant is informed and believes, and thereon alleges, that 11 Cross-Defendants ROES 26 through 50 were contractors, subcontractors, material 12 suppliers, and/or design professionals, that participated in some manner in the 13 construction, design or provision of materials and services to the 365 Project and 367 14 Project during the time period when EASTWOOD was the general contractor for the 365 15 Project and 367 Project. Cross-Defendants ROES 26 through 50 were negligent and 16 tortiously responsible, or responsible in some manner, and thereby proximately caused 17 the injuries and damages alleged in the Action and/or the Arbitration. 18 34. To the extent that any Cross-Defendant may have declared bankruptcy 19 and/or filed a bankruptcy proceeding, and to the extent any such proceeding is valid, 20 Cross-Complainant does not intend to proceed against any such Cross-Defendant directly 21 or any such Cross-Defendant’s assets, but rather intends to obtain a judgment and then 22 proceed only against any bankrupt Cross-Defendant’s applicable liability insurance 23 policies. Accordingly, to the extent applicable, this lawsuit and any act in furtherance 24 thereof as to any bankrupt Cross-Defendant is authorized pursuant to In Re: Beeney 25 (1992) 142 Bankr. 360 (holding that a Cross-Defendant’s bankruptcy does not stay a Goodman Neuman 26 lawsuit if it is the Cross-Complainant’s intention not to pursue any assets of a bankrupt Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA Cross-Defendant, but to seek satisfaction of a judgment solely from available insurance 94104 Tel.: (415) 705-0400 28 proceeds). -6- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 FIRST CAUSE OF ACTION 2 Breach of Contract 3 (against LGI SUBCONTRACTORS and ROES 1 through 25) 4 35 Cross-Complainant incorporates herein by reference the allegations set 5 forth in paragraphs 1 through 34, inclusive, as though fully set forth below. 6 36. Cross-Complainant entered into written agreements with LGI 7 SUBCONTRACTORS, and ROES 1 through 25, wherein LGI SUBCONTRACTORS, 8 and ROES 1 through 25, agreed to provide labor, materials, and/or services in connection 9 with the construction of the 365 Project and 367 Project. 10 37. Pursuant to such agreements, and among other things, LGI 11 SUBCONTRACTORS, and ROES 1 through 25, and each of them, expressly agreed that 12 they would perform their scope of work under their written agreements promptly and in a 13 workmanlike manner. 14 38. During the course of their work at the 365 Project and 367 Project, LGI 15 SUBCONTRACTORS, and ROES 1 through 25, and each of them, failed, refused, or 16 neglected to properly perform their scopes of work as required under the terms of the 17 written agreements with Cross-Complainant. 18 39. As a result of the above acts and/or omissions, LGI SUBCONTRACTORS, 19 and ROES 1 through 25, and each of them, breached their agreements with Cross- 20 Complainant. 21 40. Cross-Complainant fully performed all conditions, covenants, and promises 22 required by it to be performed in accordance with the terms of the respective agreements 23 with LGI SUBCONTRACTORS, and ROES 1 through 25, and each of them, except as 24 excused, waived, or prevented by LGI SUBCONTRACTORS, and ROES 1 through 25. 25 41. As a proximate result of breaches of their respective agreements by LGI Goodman Neuman 26 SUBCONTRACTORS, and ROES 1 through 25, and each of them, Cross-Complainant Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA has been damaged, including but not limited to, contract damages, expert costs, expenses, 94104 Tel.: (415) 705-0400 28 and interest in an amount to be determined according to proof at trial, but in an amount in -7- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 excess of the jurisdictional limits of this court. 2 WHEREFORE, Cross-Complainant prays for judgment as hereinafter set forth. 3 SECOND CAUSE OF ACTION 4 Comparative Indemnity 5 (against LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD 6 SUBCONTRACTORS, and ROES 1 through 50) 7 42. Cross-Complainant incorporates herein by reference the allegations set 8 forth in Paragraphs 1 through 41, inclusive, of this Cross-Complaint as though set forth 9 below. 10 43. Cross-Complainant denies any and all liability in connection with the 11 Action, and the Arbitration, but in the event that Plaintiff establishes liability in 12 connection with the Action, or an award adverse to LGI is issued in the Arbitration, 13 Cross-Complainant alleges that such liability, if any, will be solely, or in part, on a 14 comparative fault basis, based on tortious and negligent conduct by LGI 15 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES 16 1 through 50, or other responsibility, and only secondarily, or in part, on a comparative 17 fault basis, on the conduct of Cross-Complainant. 18 WHEREFORE, Cross-Complainant prays for judgment as hereafter set forth. 19 THIRD CAUSE OF ACTION 20 Equitable Indemnity 21 (against LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD 22 SUBCONTRACTORS, and ROES 1 through 50) 23 44. Cross-Complainant re-alleges and incorporates herein by reference as 24 though set forth in full the allegations in Paragraphs 1 through 43, inclusive, of this 25 Cross-Complaint. Goodman Neuman 26 45. Cross-Complainant is informed and believes and thereon alleges that if it is Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA found to be liable for the damages, if any, allegedly sustained by Plaintiff, or if an award 94104 Tel.: (415) 705-0400 28 adverse to LGI is issued in the Arbitration, LGI SUBCONTRACTORS, EASTWOOD, -8- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 EASTWOOD SUBCONTRACTORS, and ROES 1 through 50, and each of them, have 2 an equitable obligation to indemnify Cross-Complainant because of the active, primary 3 nature of the conduct of LGI SUBCONTRACTORS, EASTWOOD. EASTWOOD 4 SUBCONTRACTORS, and ROES 1 through 50, as contrasted with the passive, 5 secondary nature of the conduct of Cross-Complainant. Accordingly, LGI 6 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES 7 1 through 50, and each of them, are required by law to hold Cross-Complainant harmless 8 and to indemnify it for the amount of any judgment or settlement that Cross-Complainant 9 may be compelled to pay to Plaintiff, or pursuant to an adverse award in the Arbitration, 10 including costs of suit, attorney fees and other damages which Cross-Complainant may 11 incur as a result of the Action or the Arbitration. 12 WHEREFORE, Cross-Complainant prays for judgment as hereinafter set forth. 13 FOURTH CAUSE OF ACTION 14 Implied Contractual Indemnity 15 (against LGI SUBCONTRACTORS and ROES 1 through 50) 16 46. Cross-Complainant incorporates herein by reference the allegations set 17 forth in Paragraphs 1 through 45, inclusive, of this Cross-Complaint as though set forth 18 below. 19 47. That on information and belief, Cross-Complainant entered into written 20 agreements with LGI SUBCONTRACTORS, ROES 1 through 50 and each of them, with 21 the implied term of such agreements that LGI SUBCONTRACTORS, and ROES 1 22 through 50, would indemnify and save harmless, protect and defend, Cross-Complainant, 23 its officers, agents, servants and employees from any and all claims, actions, proceedings, 24 liabilities, judgments, losses, injuries, damages, costs and expenses, including legal fees 25 and disbursements, which Cross-Complainant may directly or indirectly sustain or incur Goodman Neuman 26 by reason of the work or operations performed by LGI SUBCONTRACTORS, and Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA ROES 1 through 25, at the 365 Project and 367 Project. 94104 Tel.: (415) 705-0400 28 48. That Cross-Complainant has performed all of the conditions and -9- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 obligations to be performed on its part under the aforesaid agreements. 2 49. That as a result of the negligence or responsibility of LGI 3 SUBCONTRACTORS, and ROES 1 through 50, and each of them, Cross-Complainant 4 has been required to or may be required to expend substantial sums in settlement or 5 satisfaction of any judgment or Arbitration award. 6 50. Cross-Complainant is entitled to indemnification from LGI 7 SUBCONTRACTORS, and ROES 1 through 50, and each of them, for all otherwise 8 recoverable fees, expenses, costs, and attorney fees incurred in connection with the 9 Action or the Arbitration. 10 WHEREFORE, Cross-Complainant prays for judgment as hereinafter set forth. 11 FIFTH CAUSE OF ACTION 12 Declaratory Relief 13 (against LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD 14 SUBCONTRACTORS, and ROES 1 through 50) 15 51. Cross-Complainant re-alleges and incorporates herein by reference as 16 though set forth in full the allegations in Paragraphs 1 through 50, inclusive, of this 17 Cross-Complaint. 18 52. As a result of the aforementioned circumstances, an actual controversy has 19 arisen and now exists between Cross-Complainant and LGI SUBCONTRACTORS, 20 Cross-Complainant and EASTWOOD, Cross-Complainant and EASTWOOD 21 SUBCONTRACTORS, and Cross-Complainant and ROES 1 through 50, with respect to 22 the causes of action asserted herein. 23 53. As a result of the aforementioned circumstances, an actual controversy has 24 arisen and now exists between Cross-Complainant, on the one hand, and LGI 25 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS and ROES Goodman Neuman 26 1 through 50, inclusive, on the other hand, with respect to the causes of action asserted Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA herein. 94104 Tel.: (415) 705-0400 28 54. Cross-Complainant requests a declaration of the rights, obligations and -10- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 liabilities of Cross-Complainant and LGI SUBCONTRACTORS, Cross-Complainant and 2 EASTWOOD, Cross-Complainant and EASTWOOD SUBCONTRACTORS, , and 3 Cross-Complainant and ROES 1 through 50, and each of them, in order to avoid a 4 circuitry of actions, multiplicity of suits, the needless expenditure of time and money, and 5 to secure a speedy, definite and complete determination of the legal relations and 6 obligations of the parties in this action with reference to the matters alleged herein. In 7 particular, Cross-Complainant desires a declaration of the respective liabilities of Cross- 8 Complainant and LGI SUBCONTRACTORS, Cross-Complainant and EASTWOOD, 9 Cross-Complainant and EASTWOOD SUBCONTRACTORS, , and Cross-Complainant 10 and ROES 1 through 50, for the damages alleged in the Action or the Arbitration, if any, 11 and a declaration of the respective responsibilities of LGI SUBCONTRACTORS, 12 EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES 1 through 50, to so 13 indemnify Cross-Complainant for the sums which Cross-Complainant may be compelled 14 to pay, and for which LGI SUBCONTRACTORS, EASTWOOD, EASTWOOD 15 SUBCONTRACTORS, and ROES 1 through 50 have been determined responsible, as 16 well as attorney fees and/or costs, if any, of the suit incurred by Cross-Complainant in the 17 Action or the Arbitration. 18 WHEREFORE, Cross-Complainant prays for judgment against LGI 19 SUBCONTRACTORS, EASTWOOD, EASTWOOD SUBCONTRACTORS, and ROES 20 1 through 50, inclusive, and each of them, jointly and severally, as follows: 21 1. For judgments and awards consistent with the prayers and requests herein; 22 2. For a declaration that LGI SUBCONTRACTORS, and ROES 1 through 25, 23 breached their respective contracts with Cross-Complainant; 24 3. For a judgment for the breach of said contracts in an amount to be proven at 25 trial; Goodman Neuman 26 4. For compensatory, consequential, and incidental damages; Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA 5. Pre-judgment interest to the fullest extent allowed by law; 94104 Tel.: (415) 705-0400 28 6. For attorney fees as allowed by law and the contracts; -11- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 7. For costs of suit incurred herein; 2 8. All judgments, awards or interests be against LGI SUBCONTRACTORS 3 EASTWOOD, EASTWOOD, and ROES 1 through 50 jointly and severally; and/or 4 9. For such other and further relief as the Court may deem proper. 5 DATED: June 7, 2021 GOODMAN NEUMAN HAMILTON LLP 6 7 By: JAMES L. McCORMICK 8 Attorneys for Defendant/ Cross-Complainant 9 LEE & GEORGIOU INC. dba GEORGIOU CONST 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Goodman Neuman 26 Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA 94104 Tel.: (415) 705-0400 28 -12- FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 1 PROOF OF SERVICE 2 CASE NAME: Luminous Ion LLC v. Chiao, Vicki, et al. (Georgiou) CASE NUMBER: CGC-20-585337 3 DATE OF SERVICE: July 12, 2021 4 DESCRIPTION OF DOCUMENTS SERVED: 5 FIRST AMENDED CROSS-COMPLAINT BY LEE & GEORGIOU INC. dba GEORGIOU CONST 6 SERVED ON THE FOLLOWING: 7 Michael C. Miller Douglas Akay 8 LAW OFFICE OF MICHAEL C. MILLER Elsa Berry 530 Oak Grove Avenue, Suite 106 AKAY LAW 9 Menlo Park, CA 94025 100 Pine Street, Suite 2700 T: (650) 323-2003 / F: (650) 323-2005 San Francisco, CA 94111 10 lawofficemichaelcmiller@gmail.com T: (415) 764-1999 / F: (415) 764-1994 collect1@earthlink.net dnakay@akaylaw.com 11 Counsel for Luminous Ion LLC eberry@akaylaw.com Co-Counsel for Lee & Georgiou Inc. dba 12 Georgiou Const 13 Richard E. Elder Darren M. Ebner, Esq., SBN 208673 Bryan S. Silverman Kathryn L. Kim, Esq., SBN 232658 14 Angela Li SPRINGEL & FINK LLP 20377 SW LUBIN OLSON & NIEWIADOMSKI Acacia Street, Suite 250 Newport Beach, 15 The Transamerica Pyramid CA 92660-0780 600 Montgomery Street, 14th Floor T: (714) 957-5742 | F: (714) 957-5762 16 San Francisco, CA 94111 T: (415) 981-0550 / F: (415) 981-4343 kkim@springelfink.com 17 relder@lubinolson.com debner@springelfink.com bsilverman@lubinolson.com Counsel for Eastwood Development, Inc. 18 ali@lubinolson.com Counsel for 367 Liberty Street, LLC 19 erroneously sued herein as 367 Liberty LLC 20 Ralph R. Rhoades Richard G. Arneal 21 Parton & Sell Van De Poel, Levy, Thomas, Arneal LLP 523 Fourth Street, Ste. 210 1600 South Main Plaza, Ste. 325 22 San Rafael, CA 94901 Walnut Creek, CA 94596 T: (415) 258-9700 / F: (415) 258-9739 T: (925) 934-6102 / F: (925) 934-6060 23 rrhoades@partonsell.com rarneal@vanlevylaw.com Counsel for Amber Flooring, Inc. Counsel for Custom Copper & Sheet 24 Metal Roofing, Inc. 25 Goodman Neuman 26 Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA 94104 Tel.: (415) 705-0400 28 PROOF OF SERVICE 1 Micah Yospe Nick Stabile 2 Phillips Spallas & Angstadt LLP 560 Mission St., Ste. 1010 3 San Francisco, CA 94105 T: (415) 278-9400 / F: (415) 278-9411 4 myospe@psalaw.net nstabile@psalaw.net 5 Attorneys for G Integrity Electric, Inc. 6 I am over the age of 18 years and not a party to or interested in the above-named case. I am an employee of Goodman Neuman Hamilton LLP, and my business address is 7 One Post Street, Suite 2100, San Francisco, CA 94104. On the date stated above, I served a true copy of the document(s) described above: 8 BY ELECTRONIC TRANSMISSION ONLY: I caused a copy of the 9 document(s) to be sent from e-mail address mrosario@gnhllp.com to the persons at the e- mail addresses listed in the Service List. This electronic service is sent to the email 10 addresses obtained in compliance with Emergency Rule 12 of the Emergency Rules Related to COVID-19. During the Coronavirus (COVID-19) pandemic, this office will be 11 working remotely, not able to send physical mail as usual, and is therefore using only 12 electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 13 I declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct and that this declaration was executed on the date stated above. 15 16 Marisol Rosario 17 18 19 20 21 22 23 24 25 Goodman Neuman 26 Hamilton LLP One Post Street Suite 2100 27 San Francisco, CA 94104 Tel.: (415) 705-0400 28 PROOF OF SERVICE