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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-23-2018 12:02 pm
Case Number: CGC-18-564545
Filing Date: Feb-23-2018 11:59
Filed by: DAVID YUEN
Image: 06229210
COMPLAINT
DAWN ANN MASON ETAL VS. FCA US, LLC ET AL
001006229210
Instructions:
Please place this sheet on top of the document to be scanned.SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
FCA US, LLC; and DOES 1 through 10, inclusive,
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
DAWN ANN MASON and JAMES MASON
NOTIGET 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 afier this summons and legal papers are served on you to file a writlen response at this court and have @ copy
served on the plaintiff. A lelter or phone cafl 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
Online Self-Help Center (wvw.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the fillng 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 defaull, and your wages, Money, and property
may be taken without further warming from the court.
‘There are other legal requirements. You may want to call an atlomey right away. If you do not know an attomey, you may want to call an attomey
referral service. i yeu cannet ato an atone, you maybe eile ore legal serio fons ee en Caner
Legal Services
(www.courtinfo,ca.gov/selthelp), by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
continvacion.
‘Tene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presenter una respuesta por escrito en esta
ja al demandante. Una carta o una Hamada telsfénica no lo protegen. Su respuesta por escrito iene que estar
haya un formutario que usted pueda usar para su respuesta.
di tas Cortes de Caliiomi, (arew.sucorte.ca.gov), en fa
‘The name and address of the court is:
(El nombre y direccién de fa corte es): Civic Center Courthouse - San Francis:
400 McAllister Street
San Francisco, Ca 94102
oe FEB 29 2018 cieRKOFTHECOURTS,, DAVID W. YUEN Deputy
(For proof of service of this summons, use Proof of Service of Summons (form POS-070).)
ig entraga de esta citation use el formulario Proof of Service of Summons, (POS-070)).
A NOTICE TO THE PERSON SERVED: You are served
CJ) as an individual defendant.
. J as the person sued under the fictitious name of (specify):
£5) on behalf of (specity):
under: (_] cep 416.10 (corporation) CCP 416.60 (minor)
(—) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
[1 CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person)
1] other (specify):
- 4. (71 by personal delivery on (date): tes
Ferm adopted for Mandatory Use SUMMONS Code oti Procedure $6 432.20, 465,
‘Council of
‘SUM-100 (Rev. July $, 2009)STRATEGIC LEGAL PRACTICES, APC
(AN CESTURY PAR EAST STE ADL ASL CA
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Benjeman R. Beck (SBN 268617)
bbeck@slpattorney.com
Gabriella A. Pedone (SBN 308384) D
gpedone@slpattorney.com F f California
STRATEGIC LEGAL PRACTICES, Superior Cour ot rancisco
A PROFESSIONAL CORPORATION County
1840 Century Park East, Suite 430 FEB 23 2018
Los Angeles, CA 90067 RT
Telephone: (310) 929-4900 CLERKOF THE cou
Facsimile: (310) 943-3838 BY: fay Oren
Attorneys for Plaintiffs DAWN ANN MASON and JAMES MASON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
DAWN ANN MASON and JAMES MASON, | CaseN€GC = 18-56 4 54 5
Plaintiffs, Hon.
Dept.
vs.
FCA US, LLC; and DOES 1 through 10, COMPLAINT FOR VIOLATION OF
inclusive, STATUTORY OBLIGATIONS
Defendants.
JURY TRIAL DEMANDED
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Plaintiffs allege as follows: .
PARTIES
1. As used in this Complaint, the word “Plaintiffs” shall refer to Plaintiffs DAWN
ANN MASON and JAMES MASON.
2. Plaintiffs are residents of Sonoma County, California.
3. As used in this Complaint, the word "Defendant" shall refer to all Defendants
named in this Complaint.
4. Defendant FCA US, LLC (“Defendant FCA”) is a corporation organized and in
existence under the laws of the State of Delaware and registered with the California
‘Department of Corporations to conduct business in California, At all times relevant herein,
Defendant was engaged in the business of designing, manufacturing, constructing,
assembling, marketing, distributing, and selling automobiles and other motor vehicles and
motor vehicle components in Los Angeles County.
5. Plaintiffs are ignorant of the true names and capacities of the Defendants sued
under the fictitious names DOES 1 to 10. They are sued pursuant to Code of Civil Procedure
section 474, When Plaintiff becomes aware of the true names and capacities of the
Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true
names and capacities.
FIRST CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT FCA
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
6. On or about April 23, 2011, Plaintiffs purchased a 2010 Dodge Caravan vehicle
identification number 2D4RNSD1XAR316721, (hereafter "Vehicle") which was manufactured
and or distributed by Defendant FCA. The Vehicle was purchased or used primarily for
personal, family, or household purposes. Plaintiffs purchased the Vehicle from a person or
entity engaged in the business of manufacturing, distributing, or selling consumer goods at
retail.
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7. In connection with the purchase, Plaintiffs received an express written
warranty, including, the 3-year/ 36,000 mile basic bump-to-bumper warranty, a 5-year/ 100,000
mile powertrain warranty which covers, inter alia, the engine and transmission, in which
Defendant FCA undertook to preserve or maintain the utility or performance of the Vehicle or
to provide compensation if there is a failure in utility or performance for a specified period of
time. The warranty provided, in relevant part, that in the event a defect developed with the
Vehicle during the warranty period, Plaintiffs could deliver the Vehicle for repair services to
Defendant FCA's representative and the Vehicle would be repaired.
8. During the warranty period, the Vehicle contained or developed defects,
including but not limited to, defects relating to the Vehicle’s electrical system; defects relating
to the Vehicle’s radio; defects causing radio to malfunction, such as radio delays when tuming
on; defects causing a delay of the heater to tum on; defects with the ignition switch; defects
causing the sliding doors to malfunction; defects causing the Vehicle’s right side sliding door to
make clacking noises when opening and using inside button; defects causing right side sliding
door to make a clacking noise when manually opening; defects causing the right sliding door to
open slower than the left sliding door; defects causing the radio and dash to malfunction;
defects causing tum signals to malfunction; defects causing the windows to malfunction; and
defects in the key cylinder. Said defects substantially impair the use, value, or safety of the
Vehicle.
9. Defendant FCA and its representatives in this state have been unable to service
or repair the Vehicle to conform to the applicable express warranties after a reasonable
number of opportunities. Despite this fact, Defendant FCA failed to promptly replace the
Vehicle or make restitution to Plaintiffs as required by Civil Code section 1793.2, subdivision
(d) and Civil Code section 1793.1, subdivision (a)(2).
10. Plaintiffs have been damaged by Defendant FCA's failure to comply with its
obligations pursuant to Civil Code section 1793.2, subdivision (d) and Civil Code section
1793.1, subdivision (a)(2), and therefore brings this cause of action pursuant to Civil Code
section 1794,
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11. Plaintiffs suffered damages in a sum to be proven at trial in an amount that
exceeds $25,000.00.
12. Defendant FCA's failure to comply with its obligations under Civil Code
section 1793.2, subdivision (d) was willful, in that Defendant FCA and its representative were
aware that they were unable to service or repair the Vehicle to conform to the applicable
express warranties after a reasonable number of repair attempts, yet Defendant FCA failed and
refused to promptly replace the Vehicle or make restitution. Accordingly, Plaintiffs are
entitled to a civil penalty of two times Plaintiffs’ actual damages pursuant to Civil Code
section 1794, subdivision (c).
13. Defendant FCA does not maintain a qualified third-party dispute resolution
process which substantially complies with Civil Code section 1793.22. Accordingly,
Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual damages pursuant to
Civil Code section 1794, subdivision (e).
14. Plaintiffs seek civil penalties pursuant to section 1794, subdivisions (c), and (¢)
in the alternative and does not seek to cumulate civil penalties, as provided in Civil Code
section 1794, subdivision (f).
SECOND CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT FCA
VIOLATION OF SUBDIVISION (8) OF CIVIL CODE SECTION 1793.2
15. Plaintiffs incorporate by reference the allegations contained in the paragraphs
set forth above.
16. Although Plaintiffs presented the Vehicle to Defendant FCA's representative in
this state, Defendant FCA and its representative failed to commence the service or repairs
within a reasonable time and failed to service or repair the Vehicle so as to conform to the
applicable warranties within 30 days, in violation of Civil Code section 1793.2, subdivision
(b). Plaintiffs did not extend the time for completion of repairs beyond the 30-day
requirement.
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17. Plaintiffs have been damaged by Defendant FCA's failure to comply with its
obligations pursuant to Civil Code section 1793.2(b), and therefore brings this Cause of
Action pursuant to Civil Code section 1794.
18. Plaintiffs have rightfully rejected and/or justifiably revoked acceptance of the
Vehicle, and has exercised a right to cancel the purchase. By serving this Complaint,
Plaintiffs do so again. Accordingly, Plaintiffs seek the remedies provided in California Civil
Code section 1794(b)(1), including the entire contract price. In the alternative, Plaintiffs seek
the remedies set forth in California Civil Code section 1794(b)(2), including the diminution in
value of the Vehicle resulting from its defects. Plaintiffs believe that, at the present time, the
Vehicle’s value is de minimis.
19. Defendant FCA's failure to comply with its obligations under Civil Code
section 1793,2(b) was willful, in that Defendant FCA and its representative were aware that
they were obligated to service or ‘repair the Vehicle to conform to the applicable express
warranties within 30 days, yet they failed to do so. Accordingly, Plaintiffs are entitled to a
civil penalty of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794(c).
THIRD CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT FCA
VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
20. Plaintiffs incorporate by reference the allegations contained in paragraphs set
forth above.
21. In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant FCA
failed to make available to its authorized service and repair facilities sufficient service
literature and replacement parts to effect repairs during the express warranty period. Plaintiffs
have been damaged by Defendant FCA's failure to comply with its obligations pursuant to
Civil Code section 1793.2(a)(3), and therefore brings this Cause of Action pursuant to Civil
Code section 1794,
22. Defendant FCA's failure to comply with its obligations under Civil Code
section 1793.2, subdivision (a)(3) was wilful, in that Defendant FCA knew of its obligation to
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provide literature and replacement parts sufficient to allow its repair facilities to effect repairs
during the warranty period, yet Defendant FCA failed to take any action to correct its failure
to comply with the law. Accordingly, Plaintiffs are entitled to a civil penalty of two times
Plaintiffs’ actual damages; pursuant to Civil Code section 1794(c).
FOURTH CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT FCA
BREACH OF EXPRESS WRITTEN WARRANTY
(CIV. CODE, § 1791.2, SUBD. (a); § 1794)
23. ~ Plaintiffs incorporate by reference the allegations contained in paragraphs set
forth above.
24. In accordance with Defendant FCA's warranty, Plaintiffs delivered the Vehicle
to Defendant FCA's representative in this state to perform warranty repairs. Plaintiffs did so
within a reasonable time. Each time Plaintiffs delivered the Vehicle, Plaintiffs notified
Defendant FCA and its representative of the characteristics of the Defects. However, the
representative failed to repair the Vehicle, breaching the terms of the written warranty on each
occasion.
25. Plaintiffs have been damaged by Defendant FCA's failure to comply with its
obligations under the express warranty, and therefore brings this Cause of Action pursuant to
Civil Code section 1794,
26. Defendant FCA's failure to comply with its obligations under the express
warranty was willful, in that Defendant FCA and its authorized representative were aware that
they were obligated to repair the Defects, but they intentionally refused to do so.
Accordingly, Plaintiffs are entitled to a civil penalty of two times of Plaintiffs’ actual damages
pursuant to Civil Code section 1794(c).
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FIFTH CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT SAG
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
(CIV. CODE, § 1791.1; § 1794)
27. Plaintiffs incorporate by reference the allegations contained in the paragraphs
set forth above.
28. Pursuant to Civil Code section 1792, the sale of the Vehicle was accompanied
by Defendant SAG's implied warranty of merchantability. Pursuant to Civil Code section
1791.1, the duration of the implied warranty is coextensive in duration with the duration of the
express written warranty provided by Defendant SAG, except that the duration is not to
exceed one-year.
29. Pursuant: to Civil Code section 1791.1 (a), the implied warranty of
merchantability means and includes that the Vehicle will comply with each of the following
requirements: (1) The Vehicle will pass without objection in the trade under’ the contract
description; (2) The Vehicle is fit for the ordinary purposes for which such goods are used; (3)
The Vehicle is adequately contained, packaged, and labelled; (4) The Vehicle will conform to
the promises or affirmations of fact made on the container or label.
30. At the time of purchase, or within one-year thereafter, the Vehicle contained or
developed the defects set forth. above. The existence of each of these defects constitutes a
breach of the implied warranty because the Vehicle (1) does not pass without objection in the
trade under the contract description, (2) is not fit for the ordinary purposes for which such
goods are used, (3) is not adequately contained, packaged, and labelled, and (4) does not
conform to the promises or affirmations of fact made on the container or label.
31. Plaintiffs have been damaged by Defendant SAG's failure to comply with its
obligations under the implied warranty, and therefore brings this Cause of Action pursuant to
Civil Code section 1794.
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For Plaintiffs’ actual damages in an amount according to proof:
For restitution;
For a civil penalty in the amount of two times Plaintiffs’ actual damages
pursuant to Civil Code section 1794, subdivision (c) or (e);
For any consequential and incidental damages;
For costs of the suit and Plaintiffs’ reasonable attorneys’ fees pursuant
to Civil Code section 1794, subdivision (d);
For prejudgment interest at the legal rate; and
For such other relief as the Court may deem proper.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a jury trial on all causes of action asserted herein.
Dated: February 21, 2018
By: SG ol.)
Gabriella A. Pedone, Esq.
PRAYER
PLAINTIFFS PRAY for judgment against Defendants as follows:
Respectfully submitted,
STRATEGIC LEGAL PRACTICES,
Attomey for Plaintiffs DAWN ANN MASON
and JAMES MASON
7
COMPLAINT; JURY TRIAL DEMANDEDwe
“Gabriella A: Pedone (SBN 303581) em
Te40 Cente Park Ease Ste 430
Los Angeles, CA. 50067
TELEPHONE NO: G19) 929-4900 raxwo: (310) 943-3838
laintiffs
Court of California
A eee Superior fc
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco ounty of San Francisco
‘street aooress: 400 McAllister Street a
hanna soonest: FEB 23 2018
cry anpzp cone: San Francisco 94102
sranch name: Civic Center Courthouse
Complex Case Designation
[1 counter [7] Joindor
Filed with first appearance by defendant
{Cal. Rules of Court, rule 3.402)
4 {Gal Rules of Cour rules SAN0E3.403)
Auto Breach of contracthwarranty (06) rt, rul
Unione motos (4) 1 Rute 3.740 cottections (08) {J Antirusrtrade regutation (03)
Other PUPDAWD (Personal InjuryIProperty Other collections (09) 2) construction defect (10)
DamageMWrongful Death) Tort insurance coverage (18) L] Mass tort (40)
‘Asbestos (04) Other contract (37) [J securities tugation (28)
Product liablity (24) Real Property (2) EnvironmentaiToxic tort (30)
Medical malpractice (45) (J Eminent domaintaverse Insurance ctaims arising from the
Other PUPDIWD (23) condemnation (14) above fisted provisionally complex case
Non-PUPDAWD (Other) Tort [21 Wrongful eviction (33) types (41)
[1 Business torvunfair business practice (07) L_] Other real property (26) Enforcement of Judgment
LJ ini rights (08) Unlawful Detainer {1 Enforcement of judgment (20)
21 Defamation (13) LJ commerciat (31) Miscellaneous Civil Complaint
LJ] Fraud (16) J Residentia! (32) [_] rico 27)
[4 ntatectual property (18) CI] rugs 38) [2 other complaint (not specified above) (42)
[_] Professional negligence (25) cial Review Miscellaneous Civil Petition
7) other non-PuPDAWD tort (35) SI Asset forfeiture (05) Partnership and corporate govemance (21)
Employment Petition re: arbitration award (11)
ey ‘Wrongful termination (36) (4 writof mandate (02) CA otter (not specified above) (43)
Other employment (15) {1} Other judicial review (39)
2. Thiscase [is LY] is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
al] Large number of separately represented parties ¢.[] Large number of witnesses
oC) Extensive motion practice raising difficult or novel e. [_] Coordination with related actions pending in one or ore courts
issues that will be time-consuming to resolve in other countles, states, or countries, or in a federal court
c.[] Substantiat amount of documentary evidences #. [7] Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a7] monetary b.[_] nonmonetary; declaratory or injunctive retief _c.{_]punitive
4. Number of causes of action (specify): five (5)
5. Thiscase [_Jis isnot adiass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You ma form CM-0:
Date: February 22, 2018
Gabriella A. Pedone
[OR PRINT,
° 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 Califomia 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
1. Rides rules 7
“pie CIVIL CASE COVER SHEET Cae of Sore $00, A 8.408 27,
I I, wnw.courtings.ca.gov-
Xw4 Ad GalsNot «
M-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 Civil 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 iteros 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 Califomia 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 attomey’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 counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case Is complex, CASE TYPES AND EXAMPLES
‘st tao (22) Personal InuryiProperty ° Breach of ContractWarranty Rules of cour Rules 3400-3405)
‘Auto (06) jes of Court
ful Death Breach of Rentaease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not untawtul detainer Construction Defect (10)
case involves an uninsured or wrongful Claims Involving Mass Tort (40)
motorist claim subject to ContractWarranty Bi ‘Securities
arbitration, check this item Plaintiff (not freud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract Insurance Coverage Ciaims
Other PUPDIWD (Personal Injury! provisionally
perty Damage/Wron; Other Breach of ContracuWarranty ase type listed above) (41
tory tut Death) Collections (e.g., ‘owed, open Enforcement of Judgment ven
Asbestos (04) book accounts) (09) Enforcement of Judgment
Asbestos Property tion Case-Seller Plaintiff Abstract of Judgment (Out of
‘Asbestos Personal Other Promissory Note/Collections )
‘Wrongful Death Case Confession of Judgment (non-
Product Liabitity (not asbestos or Coverage (not provisionally
icfenvi (24) complex) (18) Sister State Judgment
Medical Malpractice ( ‘Auto Subrogation Administrative Agency Award
Medical Malpractice— Other Coverage {not unpaid taxes)
Physicians & Surgeons Other Contract (37) Pelition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
lpractice Real P Other Contract Dispute Other Enforcement of Judgment
Premises Tialaty (eg., slip Eminent Domain/inverse iscellaneous Civil Complaint
and fail) Condemnation (14) 7)
Intentional Bodily Injury/PDWD. Wrongful Eviction (33) Other: orvieint (not specified
(e.g., assault, vandalism) Other Real Guy above)
Intentional fet of Writ of Poceencigen Pee Declaratory Rete Oniy
Distress Foreclosure injunctive Only (non-
Negligent infliction of Quiet Title harassmen
nal Distress Other Real Property (not eminent Mechanics Lien
Other PYPDAYD domein, landiordAenant, or Other Commercial Complaint
Non-PUPDIWD (Other) Tort Cose
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice ‘Commercial (31
Civil Rights fa, discrimination, Residential ‘a. Miscalianeous Civil Petition
smonoa) civil Drugs (38) (if the cow involves illegal 21)
Defamation (e., stander, Hoe!) reper 88 Commardat or Resta) ne
Fraud (16) Asset Forfeiture (05) Worcs inet
Intellectual Property (19) Petition Re: Arbitration Award (11)
Professional Negligence (25) ‘Writ of Mandate (02) “Abuse
Legal ‘Writ-Administrative Mandamus. Election Contest
Other ‘Writ Mandamus on Limited Court Patition for Name Chat
(not medical or legal) Case Matter Pelion for Rellof From Late
(Other Non-PUPDIWD Tort ($5) Writ-Other Limited Court Case im m
Review Other Civil Petition
‘Wrongful Termination (38)
Ove! Empat) On a
Notice of Appeal-Labor
Commissioner.
‘CM-O10 Rev. July 1, 2007)
CIVIL CASE COVER SHEET
Pogo dof
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-23-2018 12:02 pm Case Number: CGC-18-564545 Filing Date: Feb-23-2018 11:59 Filed by: DAVID YUEN Image: 06229210 COMPLAINT DAWN ANN MASON ETAL VS. FCA US, LLC ET AL 001006229210 Instructions: Please place this sheet on top of the document to be scanned.SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): FCA US, LLC; and DOES 1 through 10, inclusive, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): DAWN ANN MASON and JAMES MASON NOTIGET 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 afier this summons and legal papers are served on you to file a writlen response at this court and have @ copy served on the plaintiff. A lelter or phone cafl 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 Online Self-Help Center (wvw.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the fillng 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 defaull, and your wages, Money, and property may be taken without further warming from the court. ‘There are other legal requirements. You may want to call an atlomey right away. If you do not know an attomey, you may want to call an attomey referral service. i yeu cannet ato an atone, you maybe eile ore legal serio fons ee en Caner Legal Services (www.courtinfo,ca.gov/selthelp), by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and continvacion. ‘Tene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presenter una respuesta por escrito en esta ja al demandante. Una carta o una Hamada telsfénica no lo protegen. Su respuesta por escrito iene que estar haya un formutario que usted pueda usar para su respuesta. di tas Cortes de Caliiomi, (arew.sucorte.ca.gov), en fa ‘The name and address of the court is: (El nombre y direccién de fa corte es): Civic Center Courthouse - San Francis: 400 McAllister Street San Francisco, Ca 94102 oe FEB 29 2018 cieRKOFTHECOURTS,, DAVID W. YUEN Deputy (For proof of service of this summons, use Proof of Service of Summons (form POS-070).) ig entraga de esta citation use el formulario Proof of Service of Summons, (POS-070)). A NOTICE TO THE PERSON SERVED: You are served CJ) as an individual defendant. . J as the person sued under the fictitious name of (specify): £5) on behalf of (specity): under: (_] cep 416.10 (corporation) CCP 416.60 (minor) (—) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) [1 CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person) 1] other (specify): - 4. (71 by personal delivery on (date): tes Ferm adopted for Mandatory Use SUMMONS Code oti Procedure $6 432.20, 465, ‘Council of ‘SUM-100 (Rev. July $, 2009)STRATEGIC LEGAL PRACTICES, APC (AN CESTURY PAR EAST STE ADL ASL CA CoC me ND HW RB Bw KN = 6 Benjeman R. Beck (SBN 268617) bbeck@slpattorney.com Gabriella A. Pedone (SBN 308384) D gpedone@slpattorney.com F f California STRATEGIC LEGAL PRACTICES, Superior Cour ot rancisco A PROFESSIONAL CORPORATION County 1840 Century Park East, Suite 430 FEB 23 2018 Los Angeles, CA 90067 RT Telephone: (310) 929-4900 CLERKOF THE cou Facsimile: (310) 943-3838 BY: fay Oren Attorneys for Plaintiffs DAWN ANN MASON and JAMES MASON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO DAWN ANN MASON and JAMES MASON, | CaseN€GC = 18-56 4 54 5 Plaintiffs, Hon. Dept. vs. FCA US, LLC; and DOES 1 through 10, COMPLAINT FOR VIOLATION OF inclusive, STATUTORY OBLIGATIONS Defendants. JURY TRIAL DEMANDED ya Ag o3TIS COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC 18M CENTURY PAtk EAST. SUITEAM, LOS ANGELES. CA NN67- Co YY DAW ek Bw NY Se a a a ont A HW PR YW KH SH SO ©. 9 me Plaintiffs allege as follows: . PARTIES 1. As used in this Complaint, the word “Plaintiffs” shall refer to Plaintiffs DAWN ANN MASON and JAMES MASON. 2. Plaintiffs are residents of Sonoma County, California. 3. As used in this Complaint, the word "Defendant" shall refer to all Defendants named in this Complaint. 4. Defendant FCA US, LLC (“Defendant FCA”) is a corporation organized and in existence under the laws of the State of Delaware and registered with the California ‘Department of Corporations to conduct business in California, At all times relevant herein, Defendant was engaged in the business of designing, manufacturing, constructing, assembling, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components in Los Angeles County. 5. Plaintiffs are ignorant of the true names and capacities of the Defendants sued under the fictitious names DOES 1 to 10. They are sued pursuant to Code of Civil Procedure section 474, When Plaintiff becomes aware of the true names and capacities of the Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names and capacities. FIRST CAUSE OF ACTION BY PLAINTIFFS AGAINST DEFENDANT FCA VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2 6. On or about April 23, 2011, Plaintiffs purchased a 2010 Dodge Caravan vehicle identification number 2D4RNSD1XAR316721, (hereafter "Vehicle") which was manufactured and or distributed by Defendant FCA. The Vehicle was purchased or used primarily for personal, family, or household purposes. Plaintiffs purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail. Mt 1 COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC (UedO CESSTURY Park EAST. SUITE 430, Los ANGELES CA N67 Cm YN AH RB WN Nov ees BRSERRESRESSGSEUIARTESERAS ©. 9 7. In connection with the purchase, Plaintiffs received an express written warranty, including, the 3-year/ 36,000 mile basic bump-to-bumper warranty, a 5-year/ 100,000 mile powertrain warranty which covers, inter alia, the engine and transmission, in which Defendant FCA undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance for a specified period of time. The warranty provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty period, Plaintiffs could deliver the Vehicle for repair services to Defendant FCA's representative and the Vehicle would be repaired. 8. During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects relating to the Vehicle’s electrical system; defects relating to the Vehicle’s radio; defects causing radio to malfunction, such as radio delays when tuming on; defects causing a delay of the heater to tum on; defects with the ignition switch; defects causing the sliding doors to malfunction; defects causing the Vehicle’s right side sliding door to make clacking noises when opening and using inside button; defects causing right side sliding door to make a clacking noise when manually opening; defects causing the right sliding door to open slower than the left sliding door; defects causing the radio and dash to malfunction; defects causing tum signals to malfunction; defects causing the windows to malfunction; and defects in the key cylinder. Said defects substantially impair the use, value, or safety of the Vehicle. 9. Defendant FCA and its representatives in this state have been unable to service or repair the Vehicle to conform to the applicable express warranties after a reasonable number of opportunities. Despite this fact, Defendant FCA failed to promptly replace the Vehicle or make restitution to Plaintiffs as required by Civil Code section 1793.2, subdivision (d) and Civil Code section 1793.1, subdivision (a)(2). 10. Plaintiffs have been damaged by Defendant FCA's failure to comply with its obligations pursuant to Civil Code section 1793.2, subdivision (d) and Civil Code section 1793.1, subdivision (a)(2), and therefore brings this cause of action pursuant to Civil Code section 1794, 2 COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC TARY CENTURY PARK EAST, SUITE 441 LOS ANGELES. CA 9067 Cm It A HW Fw HKD ee Ue ww NS So 11. Plaintiffs suffered damages in a sum to be proven at trial in an amount that exceeds $25,000.00. 12. Defendant FCA's failure to comply with its obligations under Civil Code section 1793.2, subdivision (d) was willful, in that Defendant FCA and its representative were aware that they were unable to service or repair the Vehicle to conform to the applicable express warranties after a reasonable number of repair attempts, yet Defendant FCA failed and refused to promptly replace the Vehicle or make restitution. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794, subdivision (c). 13. Defendant FCA does not maintain a qualified third-party dispute resolution process which substantially complies with Civil Code section 1793.22. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794, subdivision (e). 14. Plaintiffs seek civil penalties pursuant to section 1794, subdivisions (c), and (¢) in the alternative and does not seek to cumulate civil penalties, as provided in Civil Code section 1794, subdivision (f). SECOND CAUSE OF ACTION BY PLAINTIFFS AGAINST DEFENDANT FCA VIOLATION OF SUBDIVISION (8) OF CIVIL CODE SECTION 1793.2 15. Plaintiffs incorporate by reference the allegations contained in the paragraphs set forth above. 16. Although Plaintiffs presented the Vehicle to Defendant FCA's representative in this state, Defendant FCA and its representative failed to commence the service or repairs within a reasonable time and failed to service or repair the Vehicle so as to conform to the applicable warranties within 30 days, in violation of Civil Code section 1793.2, subdivision (b). Plaintiffs did not extend the time for completion of repairs beyond the 30-day requirement. uf 3 COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC HOCENTLRY PARENT, SUT MA LOS ASCRLEL CAA? Co a AH BF WY DN ° 2 } LG Ne ‘Ne 17. Plaintiffs have been damaged by Defendant FCA's failure to comply with its obligations pursuant to Civil Code section 1793.2(b), and therefore brings this Cause of Action pursuant to Civil Code section 1794. 18. Plaintiffs have rightfully rejected and/or justifiably revoked acceptance of the Vehicle, and has exercised a right to cancel the purchase. By serving this Complaint, Plaintiffs do so again. Accordingly, Plaintiffs seek the remedies provided in California Civil Code section 1794(b)(1), including the entire contract price. In the alternative, Plaintiffs seek the remedies set forth in California Civil Code section 1794(b)(2), including the diminution in value of the Vehicle resulting from its defects. Plaintiffs believe that, at the present time, the Vehicle’s value is de minimis. 19. Defendant FCA's failure to comply with its obligations under Civil Code section 1793,2(b) was willful, in that Defendant FCA and its representative were aware that they were obligated to service or ‘repair the Vehicle to conform to the applicable express warranties within 30 days, yet they failed to do so. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794(c). THIRD CAUSE OF ACTION BY PLAINTIFFS AGAINST DEFENDANT FCA VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2 20. Plaintiffs incorporate by reference the allegations contained in paragraphs set forth above. 21. In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant FCA failed to make available to its authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period. Plaintiffs have been damaged by Defendant FCA's failure to comply with its obligations pursuant to Civil Code section 1793.2(a)(3), and therefore brings this Cause of Action pursuant to Civil Code section 1794, 22. Defendant FCA's failure to comply with its obligations under Civil Code section 1793.2, subdivision (a)(3) was wilful, in that Defendant FCA knew of its obligation to 4 COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC MANCENTLNY PAREAST SLTTEANL Los ALES CA RUS? CoN KH vA PY DD provide literature and replacement parts sufficient to allow its repair facilities to effect repairs during the warranty period, yet Defendant FCA failed to take any action to correct its failure to comply with the law. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual damages; pursuant to Civil Code section 1794(c). FOURTH CAUSE OF ACTION BY PLAINTIFFS AGAINST DEFENDANT FCA BREACH OF EXPRESS WRITTEN WARRANTY (CIV. CODE, § 1791.2, SUBD. (a); § 1794) 23. ~ Plaintiffs incorporate by reference the allegations contained in paragraphs set forth above. 24. In accordance with Defendant FCA's warranty, Plaintiffs delivered the Vehicle to Defendant FCA's representative in this state to perform warranty repairs. Plaintiffs did so within a reasonable time. Each time Plaintiffs delivered the Vehicle, Plaintiffs notified Defendant FCA and its representative of the characteristics of the Defects. However, the representative failed to repair the Vehicle, breaching the terms of the written warranty on each occasion. 25. Plaintiffs have been damaged by Defendant FCA's failure to comply with its obligations under the express warranty, and therefore brings this Cause of Action pursuant to Civil Code section 1794, 26. Defendant FCA's failure to comply with its obligations under the express warranty was willful, in that Defendant FCA and its authorized representative were aware that they were obligated to repair the Defects, but they intentionally refused to do so. Accordingly, Plaintiffs are entitled to a civil penalty of two times of Plaintiffs’ actual damages pursuant to Civil Code section 1794(c). Mt MW Mt ul 5 COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC HAO CENTLRY PARK EAST. SUITE ABR LOS ANGELES. CA 1067 Cm nN DH ek wY DY et kw NHN = DS 15 ©. 9 - Nout FIFTH CAUSE OF ACTION BY PLAINTIFFS AGAINST DEFENDANT SAG BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY (CIV. CODE, § 1791.1; § 1794) 27. Plaintiffs incorporate by reference the allegations contained in the paragraphs set forth above. 28. Pursuant to Civil Code section 1792, the sale of the Vehicle was accompanied by Defendant SAG's implied warranty of merchantability. Pursuant to Civil Code section 1791.1, the duration of the implied warranty is coextensive in duration with the duration of the express written warranty provided by Defendant SAG, except that the duration is not to exceed one-year. 29. Pursuant: to Civil Code section 1791.1 (a), the implied warranty of merchantability means and includes that the Vehicle will comply with each of the following requirements: (1) The Vehicle will pass without objection in the trade under’ the contract description; (2) The Vehicle is fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of fact made on the container or label. 30. At the time of purchase, or within one-year thereafter, the Vehicle contained or developed the defects set forth. above. The existence of each of these defects constitutes a breach of the implied warranty because the Vehicle (1) does not pass without objection in the trade under the contract description, (2) is not fit for the ordinary purposes for which such goods are used, (3) is not adequately contained, packaged, and labelled, and (4) does not conform to the promises or affirmations of fact made on the container or label. 31. Plaintiffs have been damaged by Defendant SAG's failure to comply with its obligations under the implied warranty, and therefore brings this Cause of Action pursuant to Civil Code section 1794. MW W 6 COMPLAINT; JURY TRIAL DEMANDEDSTRATEGIC LEGAL PRACTICES, APC 1BMOCENTURY PARK EAST, SLATE 4.4 LOS ANGELES CA W067 Cm NAH Aw DH a. b. a For Plaintiffs’ actual damages in an amount according to proof: For restitution; For a civil penalty in the amount of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794, subdivision (c) or (e); For any consequential and incidental damages; For costs of the suit and Plaintiffs’ reasonable attorneys’ fees pursuant to Civil Code section 1794, subdivision (d); For prejudgment interest at the legal rate; and For such other relief as the Court may deem proper. DEMAND FOR JURY TRIAL Plaintiffs hereby demand a jury trial on all causes of action asserted herein. Dated: February 21, 2018 By: SG ol.) Gabriella A. Pedone, Esq. PRAYER PLAINTIFFS PRAY for judgment against Defendants as follows: Respectfully submitted, STRATEGIC LEGAL PRACTICES, Attomey for Plaintiffs DAWN ANN MASON and JAMES MASON 7 COMPLAINT; JURY TRIAL DEMANDEDwe “Gabriella A: Pedone (SBN 303581) em Te40 Cente Park Ease Ste 430 Los Angeles, CA. 50067 TELEPHONE NO: G19) 929-4900 raxwo: (310) 943-3838 laintiffs Court of California A eee Superior fc SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco ounty of San Francisco ‘street aooress: 400 McAllister Street a hanna soonest: FEB 23 2018 cry anpzp cone: San Francisco 94102 sranch name: Civic Center Courthouse Complex Case Designation [1 counter [7] Joindor Filed with first appearance by defendant {Cal. Rules of Court, rule 3.402) 4 {Gal Rules of Cour rules SAN0E3.403) Auto Breach of contracthwarranty (06) rt, rul Unione motos (4) 1 Rute 3.740 cottections (08) {J Antirusrtrade regutation (03) Other PUPDAWD (Personal InjuryIProperty Other collections (09) 2) construction defect (10) DamageMWrongful Death) Tort insurance coverage (18) L] Mass tort (40) ‘Asbestos (04) Other contract (37) [J securities tugation (28) Product liablity (24) Real Property (2) EnvironmentaiToxic tort (30) Medical malpractice (45) (J Eminent domaintaverse Insurance ctaims arising from the Other PUPDIWD (23) condemnation (14) above fisted provisionally complex case Non-PUPDAWD (Other) Tort [21 Wrongful eviction (33) types (41) [1 Business torvunfair business practice (07) L_] Other real property (26) Enforcement of Judgment LJ ini rights (08) Unlawful Detainer {1 Enforcement of judgment (20) 21 Defamation (13) LJ commerciat (31) Miscellaneous Civil Complaint LJ] Fraud (16) J Residentia! (32) [_] rico 27) [4 ntatectual property (18) CI] rugs 38) [2 other complaint (not specified above) (42) [_] Professional negligence (25) cial Review Miscellaneous Civil Petition 7) other non-PuPDAWD tort (35) SI Asset forfeiture (05) Partnership and corporate govemance (21) Employment Petition re: arbitration award (11) ey ‘Wrongful termination (36) (4 writof mandate (02) CA otter (not specified above) (43) Other employment (15) {1} Other judicial review (39) 2. Thiscase [is LY] is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: al] Large number of separately represented parties ¢.[] Large number of witnesses oC) Extensive motion practice raising difficult or novel e. [_] Coordination with related actions pending in one or ore courts issues that will be time-consuming to resolve in other countles, states, or countries, or in a federal court c.[] Substantiat amount of documentary evidences #. [7] Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a7] monetary b.[_] nonmonetary; declaratory or injunctive retief _c.{_]punitive 4. Number of causes of action (specify): five (5) 5. Thiscase [_Jis isnot adiass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You ma form CM-0: Date: February 22, 2018 Gabriella A. Pedone [OR PRINT, ° 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 Califomia 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 1. Rides rules 7 “pie CIVIL CASE COVER SHEET Cae of Sore $00, A 8.408 27, I I, wnw.courtings.ca.gov- Xw4 Ad GalsNot « M-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 Civil 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 iteros 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 Califomia 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 attomey’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 counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case Is complex, CASE TYPES AND EXAMPLES ‘st tao (22) Personal InuryiProperty ° Breach of ContractWarranty Rules of cour Rules 3400-3405) ‘Auto (06) jes of Court ful Death Breach of Rentaease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not untawtul detainer Construction Defect (10) case involves an uninsured or wrongful Claims Involving Mass Tort (40) motorist claim subject to ContractWarranty Bi ‘Securities arbitration, check this item Plaintiff (not freud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract Insurance Coverage Ciaims Other PUPDIWD (Personal Injury! provisionally perty Damage/Wron; Other Breach of ContracuWarranty ase type listed above) (41 tory tut Death) Collections (e.g., ‘owed, open Enforcement of Judgment ven Asbestos (04) book accounts) (09) Enforcement of Judgment Asbestos Property tion Case-Seller Plaintiff Abstract of Judgment (Out of ‘Asbestos Personal Other Promissory Note/Collections ) ‘Wrongful Death Case Confession of Judgment (non- Product Liabitity (not asbestos or Coverage (not provisionally icfenvi (24) complex) (18) Sister State Judgment Medical Malpractice ( ‘Auto Subrogation Administrative Agency Award Medical Malpractice— Other Coverage {not unpaid taxes) Physicians & Surgeons Other Contract (37) Pelition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes lpractice Real P Other Contract Dispute Other Enforcement of Judgment Premises Tialaty (eg., slip Eminent Domain/inverse iscellaneous Civil Complaint and fail) Condemnation (14) 7) Intentional Bodily Injury/PDWD. Wrongful Eviction (33) Other: orvieint (not specified (e.g., assault, vandalism) Other Real Guy above) Intentional fet of Writ of Poceencigen Pee Declaratory Rete Oniy Distress Foreclosure injunctive Only (non- Negligent infliction of Quiet Title harassmen nal Distress Other Real Property (not eminent Mechanics Lien Other PYPDAYD domein, landiordAenant, or Other Commercial Complaint Non-PUPDIWD (Other) Tort Cose Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice ‘Commercial (31 Civil Rights fa, discrimination, Residential ‘a. Miscalianeous Civil Petition smonoa) civil Drugs (38) (if the cow involves illegal 21) Defamation (e., stander, Hoe!) reper 88 Commardat or Resta) ne Fraud (16) Asset Forfeiture (05) Worcs inet Intellectual Property (19) Petition Re: Arbitration Award (11) Professional Negligence (25) ‘Writ of Mandate (02) “Abuse Legal ‘Writ-Administrative Mandamus. Election Contest Other ‘Writ Mandamus on Limited Court Patition for Name Chat (not medical or legal) Case Matter Pelion for Rellof From Late (Other Non-PUPDIWD Tort ($5) Writ-Other Limited Court Case im m Review Other Civil Petition ‘Wrongful Termination (38) Ove! Empat) On a Notice of Appeal-Labor Commissioner. ‘CM-O10 Rev. July 1, 2007) CIVIL CASE COVER SHEET Pogo dof