Complaint,Petition: SANSANEE SAEJEAR VS. KAMRAN ARDEBILCHI et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jun-13-2012 2:44 pm

Case Number: CGC-11-516344
Filing Date: Jun-13-2012 2:42
Filed by: MICHAEL RAYRAY

Juke Box: 001 Image: 03651571
CROSS COMPLAINT

SANSANEE SAEJEAR VS. KAMRAN ARDEBILCHI et al

001003651571

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over # Los Angeles ¢ San Francisco

Cleveland ¢ Columbus #

: 1) AKDEBILCHI, JAHANGIR ARDEBILCHI

TUCKER ELLIS LLP

LESLIE E. CRISWELL SBN 94694
leslie.criswell@tuckerellis.com

ANNE SWOBODA CRUZ SBN 229819
anne.cruz@tuckerellis.com

515 South Flower Street

Forty-Second Floor

Los Angeles, CA 90071-2223
Telephone: 213.430.3400

Facsimile: 213.430.3409

Attorneys for Cross-Defendant/Cross-Complainant
Pacific Coast Elevator Corporation dba Amtech Elevator Services

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO
LOUIS GAMACHE, PAUL GARRARD, Case No. CGC 11-516344 c/w CGC-10-501463
DANIELLE MCGEE,
PACIFIC COAST ELEVATOR CORPORATION
Plaintiffs, DBA AMTECH ELEVATOR SERVICES’
CROSS-COMPLAINT FOR IMPLIED
v. INDEMNITY AND DECLARATORY RELIEF

"NICK. VOLENTE, KAMRAN

AND SAM PATEL DOES 1-20,
i Complaint Filed: May 8, 2012
i Defendants.
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Pacific Coast Elevator Corporation dba
Amtech Elevator Services,

Cross-Complainant,
Vv.
NICK VOLENTE, KAMRAN
ARDEBILCHI, JAHANGIR ARDEBILCHI,
ROES 100 through 150 inclusive,

Cross-Defendants.

COMES NOW Cross-Defendant/Cross-Complainant Pacific Coast Elevator Corporation dba

Amtech Elevator Services, (““Cross-Complainants”), and for causes of action against Cross-Defendants,

PACIFIC COAST ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES’ CROSS-COMPLAINT FOR
IMPLIED INDEMNITY AND DECLARATORY RELIEF

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NICK VOLENTE, KAMRAN ARDEBILCHI, JAHANGIR ARDEBILCHI, and ROES 100 through 150

inclusive, alleges as follows:

FIRST CAUSE OF ACTION

(Equitable Indemnity against all Cross-Defendants)

1. Upon information and believe, Cross-Defendants, NICK VOLENTE, KAMRAN
ARDEBILCHI, JAHANGIR ARDEBILCHI, ROES 100 through 150 inclusive (collectively referred to
as “Cross-Defendants”) herein are at all times herein mentioned businesses duly organized, existing and
are are doing business under the laws of the State of California, and/or are residents of the State of
California.

2. The true names or capacities, whether individual, corporate, associate or otherwise, of
Cross-Defendants ROES | through 100, inclusive, are presently unknown to this Cross-Complainant,
who therefore sues said Cross-Defendants by such fictitious names, and Cross-Complainant will ask
leave of Court to amend this Cross-Complaint to insert the true names and capacities when the same are
ascertained.

3. That at all times herein mentioned, each of the Cross-Defendants were the agents and/or
employees of each of the remaining Cross-Defendants and were at all times acting in the course and
scope of said agency and employment.

4. Upon information and belief, that on or about February 21, 2012, Plaintiffs Louis
Gamache and Danielle McGee caused to be filed a fourth amended complaint in the Superior Court of
the State of California, in and for the County of San Francisco, naming many various defendants
including but not limited to NICK VOLENTE, KAMRAN ARDEBILCHI, JAHANGIR ARDEBILCHI,
and DOES 1 to 20, inclusive, (hereinafter the “Lawsuit). It appears there may be two related cases in
said action. NICK VOLENTE, KAMRAN ARDEBILCHI, JAHANGIR ARDEBILCHI then brought a
cross-complaint against Cross-Complainant in the Lawsuit. The allegations of said Complaint and
Lawsuit are denied, but are hereby incorporated herein at this place for reference purposes only.

5. Asa direct and proximate result of defendants’ conduct, and each of them, plaintiffs

allegedly suffered injuries and damages. The Complaint further alleges that defendants, and each of

2
PACIFIC COAST ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES’ CROSS-COMPLAINT FOR

IMPLIED INDEMNITY AND DECLARATORY RELIEF
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them, are accountable to plaintiffs under various types of causes of action as specified therein, and that
as a direct and proximate result thereof, plaintiffs sustained certain injuries and damages.

6. Upon information and belief, as referenced in the Lawsuit and herein, Cross-Complainant
herein alleges that Cross-Defendants and each of them engaged in negligent, careless, and/or reckless
conduct for which Cross-Defendants are liable and that Cross-Complainant is not liable at all in this
matter.

7. If Cross-Complainant is found to be negligent and/or liable in anyway in the Lawsuit,
which negligence and/or liability Cross-Complainant denies, then such negligence and/or liability was
passive, whereas the negligence and/or liability of Cross-Defendants, and each of them, were active. If
Cross-Complainant is are held liable in any way for any and/or all damages alleged by plaintiffs, upon
information and belief, Cross-Complainant alleges that such liability should be borne by Cross-
Defendants.

8. Cross-Complainant herein is accordingly entitled to indemnification from Cross-
Defendants, and each of them, for any sums paid by said Cross-Complainant by way of any settlement,
award, or judgment herein.

9. Cross-Defendants, and each of them, are further liable to indemnify Cross-Complainant
for all legal costs and fees, including attorney’s fees, incurred by Cross-Complainant in the defense of
the Complaint and Lawsuit.

SECOND CAUSE OF ACTION
(eclaratory Relief Against All Cross-Defendants)

10. Cross-Complainant herein, hereby incorporates by reference paragraphs 1 through 9,
inclusive, of this Cross-Complaint, as though fully set forth herein.

11. There presently exists a controversy between Cross-Complainant and Cross-Defendants
and each of them, regarding the rights, duties and liabilities of each of the Cross-Defendants with respect
to the allegations contained in plaintiffs’ Complaint herein.

12. Cross-Complainant herein contends that Cross-Defendants are obligated to defend and

indemnify Cross-Complainant with respect to this action.

3
PACIFIC COAST ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES’ CROSS-COMPLAINT FOR
IMPLIED INDEMNITY AND DECLARATORY RELIEF

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13. Cross-Complainant herein contends that if plaintiffs and/or NICK VOLENTE,
KAMRAN ARDEBILCHI, JAHANGIR ARDEBILCHI suffered injury and damages as alleged, or in
any respect whatsoever, and are awarded judgment against Cross-Complainant, that Cross-Complainant
is entitled to a defense and indemnification to recover over and against Cross-Defendants, and each of
them, on a comparative fault basis.

14. Cross-Complainant request a declaration by this Court to determine the rights and
obligations existing between the Cross-Complainant and each Cross-Defendant, and that this declaration
be made in the present action so as to avoid unnecessary waste of, judicial resources and multiplicity of
suit.

PRAYER

WHEREFORE, these Cross-Complainant prays for judgment against Cross-Defendants, and
each of them, as follows:

1. That the Court determine the legal rights and duties that exist between Cross-
Complainant and Cross-Defendants, and each of them;

2. That Cross-Complainant is entitled to a defense and indemnity from Cross-Defendants,
and each of them, in connection with the Complaint brought by plaintiffs in this action;

3. That if Cross-Complainant and Cross-Defendants are found to be liable, Cross-
Complainant is entitled to a defense and indemnity from Cross-Defendants, to the entire amount of any
judgment rendered against Cross-Complainant, and to an amount commensurate with the comparative

fault or negligence of each Cross-Defendants;

4. For fees and costs of suit incurred herein; and
5. For such other and further relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL

Cross-Complainant, Pacific Coast Elevator Corporation dba Amtech Elevator Services, hereby

demands a trial by jury of this action.

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PACIFIC COAST ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES’ CROSS-COMPLAINT FOR
IMPLIED INDEMNITY AND DECLARATORY RELIEF

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DATED: June 13, 2012

TUCKER ELLIS LLP

Pacific Coast levator Corporation dba Amtech
Elevator Services (incorrectly named and sued
herein as Amtech Elevator Service Inc.)

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PACIFIC COAST ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES’ CROSS-COMPLAINT FOR

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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

{declare that I am a citizen of the United States and a resident of Los Angeles, California

or employed in the County of Los Angeles, State of California. ] am over the age of 18 and nota
party to the within action. My business address is Tucker Ellis LLP, 515 South Flower Street,
Forty-Second Floor, Los Angeles, California 90071 -2223.

On June 13, 2012, I served the foregoing document(s) described as PACIFIC COAST

ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES’ CROSS-
COMPLAINT FOR IMPLIED INDEMNITY AND DECLARATORY RELIEF on the interested
party(ies) in this action as follows:

[See Attached Service List.]

BY MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addressed as above,
and placing each for collection and mailing on that date foliowing ordinary business practices. I
am teadily familiar with this business’s practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the U.S. Postal Service in Los Angeles,
California, in a sealed envelope with postage fully prepaid.

BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided
by an overnight delivery carrier and addressed as noted below. I placed the envelope or package
for collection and overnight delivery at an office or a regularly utilized drop box of the overnight
delivery carrier.

BY FACSIMILE: Based on agreement of the parties to accept service by fax transmission, I
faxed the documents to the persons at the fax numbers listed below. The telephone number of
the sending fax machine was 213.430.3409. The sending facsimile machine issued a
transmission report confirming the transmission was complete and without error. A copy of that
report is attached.

BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement
of the parties to accept service by e-mail or electronic transmission, | caused the documents to be
sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable
time after the transmission, any electronic message or other indication that the transmission was
unsuccessful.

STATE: | declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

FEDERAL: 1 declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made. I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.

Executed on June 13, 2012, at Los Angeles, California.

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Frank Provenzano

PROOF OF SERVICE

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SERVICE LIST

Mark Hooshmand

Hooshmand Law Group

22 Battery St., #610

San Francisco, CA 94111
Mark@Lawmmh.com

(415) 318-5709

(415) 376-5897

Attorneys for Plaintiffs

Louis Gamache and Danielle McGee

Henry Karnilowicz
Occidental Express Inc.
3762 22nd St.

San Francisco, CA 94114
occexp@aol.com

(415) 621-7533

In Pro Per

Timothy C. Wilson

Aaron & Wilson LLP

150 Post St., #400

San Francisco, CA 94108
cwilson@aaron-wilson.com
(415) 438-7800

(415) 438-7808

Attorneys for Melvin Moran dba Blue Light
Electric

Luis

Prontito Plumbing

21 Flood St.

San Francisco, CA 94131
(415) 756-6495

John P. Zanghi
Zanghi, Torres, Arshawsky LLP

703 Market St., #1600

San Francisco, CA 94103
jzanghl@ztalaw.com

(415) 977-0444

(415) 931-4117

Attorneys for Prime Pacific

Grace Lee

Archer Norris

2033 N. Main St., #800

Walnut Creek, CA 94596-3759
glee@archernorris.com

(925) 930-6600

(925) 930-6620

Attorneys for Defendants

Kamran Ardebilchi, Jahangir Ardebilchi and
Nick Volente dba Sheldon Hotel

Paul Garrard

629 Post St., #311

San Francisco, CA 94109
In Pro Per

William H. Gavin

Gavin Cunningham, et al
1530 The Alameda #210
San Jose, CA 95126
gavin@egclitigation.com
(408) 294-8500

(408) 294-8596
Attorneys for Melvin Moran dba Mega Electric

Michael Heath

3251 Steiner St.

San Francisco, CA 94123
Meath_law@sbcglobal.net

(415) 931-4207

Attorneys for CSV Hospitality Management
and Sam Patel

2

PROOF OF SERVICE

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