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ad e@ ON 22255300
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
-~~ EMMANUEL ENYINWA (207088)
LAW OFFICE OF EMMANUEL ENYINWA
445 WASHINGTON STREET
SAN FRANCISCO, CA. 94111
TELEPHONE NO: 415-956-6100 FAX NO. (Optional): ;
E-MAIL ADDRESS (Option: EN YINWALAW@GMAIL.COM FIL E D
ATTORNEY FOR (Name): PLAINTIFF A
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA ; LAMEDA COUNTY
streetaooress: 1225 FALLON STREET
MAILING ADDRESS: APR 2 4 204 19
city ano zip cove: OAKLAND, CA. 94605
prancH NAME: CIVIL UNLIMITED anOF THE SUPERIOR COURT
PLAINTIFF: WILLIE SMITH, ALICE SMITH, and ROES 1-20
DEFENDANT: PETERSON DEAN, INC, ia ag
and DOES 1-20
DoEs1To 1 20
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
[_] AMENDED (Number):
Type (check all that apply):
[__] MOTOR VEHICLE [__] OTHER (specify):
Property Damage [__] Wrongful Death
Personal Injury [__] Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER:
[__] ACTION IS A LIMITED CIVIL CASE
Amount demanded [__] does not exceed $10,000
[__] exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) q a) aq
(__]} ACTION IS RECLASSIFIED by this amended complaint Kg \ Use 2
[-_] from limited to unlimited
[_] from unlimited to limited
1. Plaintiff (name or names): WILLIE SMITH
alleges causes of action against defendant (name or names):
PETERSON DEAN, INC
2. This pleading, including attachments and exhibits, consists of the following number of pages: 2
3. Each plaintiff named above is a competent adult
a. [__] except plaintiff (name):
(1) [_] a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) [__] a public entity (describe):
(4) [__] aminor [__] an adult
(a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [__] other (specify):
(5) [__] other (specify):
b. [__] except plaintiff (name):
(1) [_] a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) [__] a public entity (describe):
(4) [_] aminor [__] an adult
(a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [__] other (specify):
(5) [__] other (specify):
[—_] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 10f 3
COMPLAINT—Personal injury, Property Code of anhneeinict pane
Form Approved for Optional Use
Judicial Council of Catifornia
PLD-Pl-001 (Rev. January 1, 2007) Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
SMITH V. PETERSON DEAN, INC
4. (__] Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. except defendant (name): PETERSON DEAN, _c. [__] except defendant (name):
(1) [-_] a business organization, form unknown (1) [_] a business crgarizgion, form unknown
(2) a corporation (2) [__] a corporation
(3) (_] an unincorporated entity (describe): (3) [_] an unincorporated entity (describe):
(4) [_] a public entity (describe): (4) [__] a public entity (describe):
(5) [__] other (specify): (5) [__] other (specify):
b. [-_] except defendant (name): d. [__] except defendant (name):
(1) [_] a business organization, form unknown (1) [] a business organization, form unknown
(2) [__] a corporation (2) [_] acorporation
(3) [-_] an unincorporated entity (describe): _ (3) [-_] an unincorporated entity (describe):
(4) [_] a public entity (describe): (4) [__] a public entity (desctibe):
(5) [__] other (specify): (5) [_] other (specify):
[__] Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a. Doe defendants (specify Doe numbers): 1-10 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. Doe defendants (specify Doe numbers): 11-20 _ are persons whose capacities are unknown to
plaintiff. {
7. [_] Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. [__] atleast one defendant now resides in its jurisdictional area.
. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
aoe
injury to person or damage to personal property occurred in its jurisdictional area.
. [J other (specify):
9. [__] Plaintiff is required to comply with a claims statute, and
a. [__] has complied with applicable claims statutes, or
b. c_] is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: ; ; CASE NUMBER:
SMITH V. PETERSON DEAN, INC .
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
a. [__] Motor Vehicle
b. General Negligence
. [_] Intentional Tort
and
. [__] Products Liability
. [-_] Premises Liability
™~™~oOo
[__] Other (specify):
11. Plaintiff has suffered
L___] wage loss
loss of use of property
amopaog®
hospital and medical expenses
general damage
[__] property damage
[_] loss of earning capacity
[___] other damage (specify): .
12. [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. [__] listed in Attachment 12.
b. [__] as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
Money Damages.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (t) compensatory damages
(2) [_] punitive damages ;
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) according to proof
(2) [__] in the amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
5/6
Date: 4/24/2019
EMMANUEL ENYINWA, ESQ. > =>)
(TYPE OR PRINT NAME) @ CsigNATUREOF PLAINTIFF OR ATTORNEY)
COMPLAINT—Personal injury, Property Page 3 of 3
PLD-PI-001 [Rev. January 1, 2007)
Damage, Wrongful Death
SHORT TITLE: .
@ Ld] CASE NUMBER
SMITH v PETERSON DEAN, INC °
1 CAUSE OF ACTION-General Negligence Page 1
(number)
ATTACHMENT TO [x<] Complaint [__] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): WILLIE SMITH, ALICE SMITH and ROES 1-20
alleges that defendant (name): PETERSON DEAN, INC
[x] Does 1 to 20
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently
caused the damage to plaintiff
on (date): 4/24/17 , :
at (place): PLAINTIFF'S HOME AT 7780 CLIFDEN COURT, DUBLIN, CA. 94569
(description of reasons for liability):
Defendant contracted to install solar on Plaintiffs roof and negligently drilled a hole through Plaintiffs —
sprinkler system, flooding Plaintiffs home for over two hours. Defendant's employees|did not have
the correct equipment or knowledge to shut down the water, letting the water run through the home
for several hours, causing extensive damage, loss of use of the home, loss of consortium to Plaintiff,
and other health problems.
CCP 425.12
oscil Coun of Collar CAUSE OF ACTION-General Negligence
Effective January 1 1982
Rute 982.1(3)
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ad e@ ON 22255300 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY -~~ EMMANUEL ENYINWA (207088) LAW OFFICE OF EMMANUEL ENYINWA 445 WASHINGTON STREET SAN FRANCISCO, CA. 94111 TELEPHONE NO: 415-956-6100 FAX NO. (Optional): ; E-MAIL ADDRESS (Option: EN YINWALAW@GMAIL.COM FIL E D ATTORNEY FOR (Name): PLAINTIFF A SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA ; LAMEDA COUNTY streetaooress: 1225 FALLON STREET MAILING ADDRESS: APR 2 4 204 19 city ano zip cove: OAKLAND, CA. 94605 prancH NAME: CIVIL UNLIMITED anOF THE SUPERIOR COURT PLAINTIFF: WILLIE SMITH, ALICE SMITH, and ROES 1-20 DEFENDANT: PETERSON DEAN, INC, ia ag and DOES 1-20 DoEs1To 1 20 COMPLAINT—Personal Injury, Property Damage, Wrongful Death [_] AMENDED (Number): Type (check all that apply): [__] MOTOR VEHICLE [__] OTHER (specify): Property Damage [__] Wrongful Death Personal Injury [__] Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: [__] ACTION IS A LIMITED CIVIL CASE Amount demanded [__] does not exceed $10,000 [__] exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) q a) aq (__]} ACTION IS RECLASSIFIED by this amended complaint Kg \ Use 2 [-_] from limited to unlimited [_] from unlimited to limited 1. Plaintiff (name or names): WILLIE SMITH alleges causes of action against defendant (name or names): PETERSON DEAN, INC 2. This pleading, including attachments and exhibits, consists of the following number of pages: 2 3. Each plaintiff named above is a competent adult a. [__] except plaintiff (name): (1) [_] a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [__] a public entity (describe): (4) [__] aminor [__] an adult (a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [__] other (specify): (5) [__] other (specify): b. [__] except plaintiff (name): (1) [_] a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [__] a public entity (describe): (4) [_] aminor [__] an adult (a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [__] other (specify): (5) [__] other (specify): [—_] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 10f 3 COMPLAINT—Personal injury, Property Code of anhneeinict pane Form Approved for Optional Use Judicial Council of Catifornia PLD-Pl-001 (Rev. January 1, 2007) Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: SMITH V. PETERSON DEAN, INC 4. (__] Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): PETERSON DEAN, _c. [__] except defendant (name): (1) [-_] a business organization, form unknown (1) [_] a business crgarizgion, form unknown (2) a corporation (2) [__] a corporation (3) (_] an unincorporated entity (describe): (3) [_] an unincorporated entity (describe): (4) [_] a public entity (describe): (4) [__] a public entity (describe): (5) [__] other (specify): (5) [__] other (specify): b. [-_] except defendant (name): d. [__] except defendant (name): (1) [_] a business organization, form unknown (1) [] a business organization, form unknown (2) [__] a corporation (2) [_] acorporation (3) [-_] an unincorporated entity (describe): _ (3) [-_] an unincorporated entity (describe): (4) [_] a public entity (describe): (4) [__] a public entity (desctibe): (5) [__] other (specify): (5) [_] other (specify): [__] Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. Doe defendants (specify Doe numbers): 1-10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 11-20 _ are persons whose capacities are unknown to plaintiff. { 7. [_] Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. [__] atleast one defendant now resides in its jurisdictional area. . the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. aoe injury to person or damage to personal property occurred in its jurisdictional area. . [J other (specify): 9. [__] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. c_] is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: ; ; CASE NUMBER: SMITH V. PETERSON DEAN, INC . 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. [__] Motor Vehicle b. General Negligence . [_] Intentional Tort and . [__] Products Liability . [-_] Premises Liability ™~™~oOo [__] Other (specify): 11. Plaintiff has suffered L___] wage loss loss of use of property amopaog® hospital and medical expenses general damage [__] property damage [_] loss of earning capacity [___] other damage (specify): . 12. [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [__] listed in Attachment 12. b. [__] as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. Money Damages. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (t) compensatory damages (2) [_] punitive damages ; The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) [__] in the amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): 5/6 Date: 4/24/2019 EMMANUEL ENYINWA, ESQ. > =>) (TYPE OR PRINT NAME) @ CsigNATUREOF PLAINTIFF OR ATTORNEY) COMPLAINT—Personal injury, Property Page 3 of 3 PLD-PI-001 [Rev. January 1, 2007) Damage, Wrongful Death SHORT TITLE: . @ Ld] CASE NUMBER SMITH v PETERSON DEAN, INC ° 1 CAUSE OF ACTION-General Negligence Page 1 (number) ATTACHMENT TO [x<] Complaint [__] Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): WILLIE SMITH, ALICE SMITH and ROES 1-20 alleges that defendant (name): PETERSON DEAN, INC [x] Does 1 to 20 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 4/24/17 , : at (place): PLAINTIFF'S HOME AT 7780 CLIFDEN COURT, DUBLIN, CA. 94569 (description of reasons for liability): Defendant contracted to install solar on Plaintiffs roof and negligently drilled a hole through Plaintiffs — sprinkler system, flooding Plaintiffs home for over two hours. Defendant's employees|did not have the correct equipment or knowledge to shut down the water, letting the water run through the home for several hours, causing extensive damage, loss of use of the home, loss of consortium to Plaintiff, and other health problems. CCP 425.12 oscil Coun of Collar CAUSE OF ACTION-General Negligence Effective January 1 1982 Rute 982.1(3)