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s. 'FAXED V
(Space Below For Filing Stamp Only)
LANE & MCGOWAN, LLP
SCOTT R. LANE, SBN: 190891
JOHNM McGOWAN ,SBN :2 339 40
.
F l L E
SUPERIOR COURTOF CALIFORNIA
D
7‘“
445 W. St., Suite I COUNTY
San Pedro, Califomia 90731 SAN BERONTASRADNINBOEgPSATRRggo
Tel: (3 10) 221—0480 Fax: (310) 221-0510
lane@lanemcgowan.com OCT 2 O 2021
mcgowan@1anemcgowan.com
‘
Attorneys for Plaintiff BY n, .
MANHOLE ADJUSTING INC. '
[we Anon. DEPUTY
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
lO
ll
"
12 MANHOLE ADJUSTING 1NC., a Cal'fomia 1 Case No.:
CIV SB 2 1 3 0 0 h 2
corporation,
13
Plaintiff, Unlimited Civil Case
l4
vs. COMPLAINT FOR:
15
JAZZAR CONSTRUCTION GROUP, INC, 1. Breach Contract
l6 a California corporation; UNITED FIRE &
CASUALTY COMPANY, an Iowa 2. Common Count — Work, Labor,
l7 corporation; STATE OF CALIFORNIA Services Rendered — Agreed Price
DEPARTMENT OF TRANSPORTATION, a
l8 public entity; and DOES t0 35, inclusive,
1 3. Common Count — Work, Labor,
Services Rendered — Reasonable Value
l9 Defendants.
4. Common Count — Account Stated
2O
5. Action 0n Public Works Payment Bond
21
6. Enforcement 0f Stop Payment Notice
22
23
24
25
26
27
28
1
COMPLAINT
.\-r \y
CIVSB mom
Plaintiff MANHOLE ADJUSTING INC. (“Plaintiff’ or “MAI”) hereby alleges as
follows:
1. At all times mentioned in this complaint, Plaintiff was, and now is, a California
corporation, in good standing and authorized t0 do business in the State of California, and duly
licensed by the State of California to perform the work and construct the work 0f improvement
alleged below.
2. Plaintiff is informed and believes that at all times mentioned in this complaint,
defendant JAZZAR CONSTRUCTION GROUP, INC. (“JAZZAR”) is and was a California
corporation in the business 0f construction contracting.
lO 3. Plaintiff is informed and believes that at all times mentioned in this complaint,
ll defendant UNITED FIRE & CASUALTY COMPANY (“UNITED FIRE”) is and was an Iowa
12 corporation in the business of, among other things, issuing public works construction payment
13 bonds in California.
l4 4. Plaintiff is informed and believes that at all times mentioned in this complaint,
15 defendant STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
l6 (“CALTRANS”) is and was a public entity.
l7 5. Plaintiff is ignorant 0f the true names and capacities of DOES 1 through 35,
l8 inclusive, and has, therefore, sued them under said fictitious names. When the tme names and
l9 capacities 0f DOES 1 through 35 have been ascertained, Plaintiff will amend this complaint t0
20 allege the true names and capacities 0f the DOE defendants, and each of them.
21 6. Plaintiff is informed and believes and on that basis alleges that each 0f the
22 defendants, including DOES l through 35, are in some manner responsible for the occurrences
23 alleged in this complaint and that, at all times mentioned, each defendant, including the DOE
24 defendants, were the agent, servant and employee 0f the others and, in doing the things alleged,
25 was acting within the scope of its authority as agent, servant and employee with the permission
26 and consent of the other defendants, was acting 0n behalf of or in concert With the other
27 defendants, and was the alter ego 0f the other defendants.
28
2
COMPLAINT
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s. 'FAXED V (Space Below For Filing Stamp Only) LANE & MCGOWAN, LLP SCOTT R. LANE, SBN: 190891 JOHNM McGOWAN ,SBN :2 339 40 . F l L E SUPERIOR COURTOF CALIFORNIA D 7‘“ 445 W. St., Suite I COUNTY San Pedro, Califomia 90731 SAN BERONTASRADNINBOEgPSATRRggo Tel: (3 10) 221—0480 Fax: (310) 221-0510 lane@lanemcgowan.com OCT 2 O 2021 mcgowan@1anemcgowan.com ‘ Attorneys for Plaintiff BY n, . MANHOLE ADJUSTING INC. ' [we Anon. DEPUTY SUPERIOR COURT 0F THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO lO ll " 12 MANHOLE ADJUSTING 1NC., a Cal'fomia 1 Case No.: CIV SB 2 1 3 0 0 h 2 corporation, 13 Plaintiff, Unlimited Civil Case l4 vs. COMPLAINT FOR: 15 JAZZAR CONSTRUCTION GROUP, INC, 1. Breach Contract l6 a California corporation; UNITED FIRE & CASUALTY COMPANY, an Iowa 2. Common Count — Work, Labor, l7 corporation; STATE OF CALIFORNIA Services Rendered — Agreed Price DEPARTMENT OF TRANSPORTATION, a l8 public entity; and DOES t0 35, inclusive, 1 3. Common Count — Work, Labor, Services Rendered — Reasonable Value l9 Defendants. 4. Common Count — Account Stated 2O 5. Action 0n Public Works Payment Bond 21 6. Enforcement 0f Stop Payment Notice 22 23 24 25 26 27 28 1 COMPLAINT .\-r \y CIVSB mom Plaintiff MANHOLE ADJUSTING INC. (“Plaintiff’ or “MAI”) hereby alleges as follows: 1. At all times mentioned in this complaint, Plaintiff was, and now is, a California corporation, in good standing and authorized t0 do business in the State of California, and duly licensed by the State of California to perform the work and construct the work 0f improvement alleged below. 2. Plaintiff is informed and believes that at all times mentioned in this complaint, defendant JAZZAR CONSTRUCTION GROUP, INC. (“JAZZAR”) is and was a California corporation in the business 0f construction contracting. lO 3. Plaintiff is informed and believes that at all times mentioned in this complaint, ll defendant UNITED FIRE & CASUALTY COMPANY (“UNITED FIRE”) is and was an Iowa 12 corporation in the business of, among other things, issuing public works construction payment 13 bonds in California. l4 4. Plaintiff is informed and believes that at all times mentioned in this complaint, 15 defendant STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION l6 (“CALTRANS”) is and was a public entity. l7 5. Plaintiff is ignorant 0f the true names and capacities of DOES 1 through 35, l8 inclusive, and has, therefore, sued them under said fictitious names. When the tme names and l9 capacities 0f DOES 1 through 35 have been ascertained, Plaintiff will amend this complaint t0 20 allege the true names and capacities 0f the DOE defendants, and each of them. 21 6. Plaintiff is informed and believes and on that basis alleges that each 0f the 22 defendants, including DOES l through 35, are in some manner responsible for the occurrences 23 alleged in this complaint and that, at all times mentioned, each defendant, including the DOE 24 defendants, were the agent, servant and employee 0f the others and, in doing the things alleged, 25 was acting within the scope of its authority as agent, servant and employee with the permission 26 and consent of the other defendants, was acting 0n behalf of or in concert With the other 27 defendants, and was the alter ego 0f the other defendants. 28 2 COMPLAINT