Complaint,Petition: MARIE DE GUZMAN VS. COLUMBIA PROPERTY TRUST ET AL

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BNRRRRBBRESPSEURBDEBHRAS

Brian C. O’Hara, Esq. (SBN 134024)
SKEBBA, ISAAC, BI

One Montgome: y Street, ae 2550
San Franeseo,

Telephone: io 836-2626
Facsimile: (415) 836-3104
Attorneys for Cross-Complainant
JONES'LANG LASALL:

SHOP & HENDERSON

ELECTRONICALLY
FILED

Superior Court of Catifornia,
County of San Francisco

10/30/2017
Clerk of the Court
BY:BOWMAN LIU

Deputy Clerk

AMERICAS, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

MARIE DE GUZMAN,
Plaintiff,
v.

COLUMBIA PROPERTY TRUST;
JONES LANG T TASALLE
AMERICAS, INC.; CROWN
BUILDING MAINTENANCE co.,
and DOES 1 to 50,

Defendants.

JONES LANG LASALLE
AMERICAS, INC.,

Cross-Complainant,
vs.

CROWN BUILDING
MAINTENANCE CO.; and ROES 1 to
50, inclusive,

Cross-Defendants.

Case No. CGC-17-561142
[Unlimited Civil]

CROSS-COMPLAINT FOR
INDEMNITY AND CONTRIBUTION
ON BEHALF OF JONES LANG
LASALLE AMERICAS, INC.

TRIAL DATE: _ not set

Cross-Complainant JONES LANG LASALLE AMERICAS, INC. alleges:
FIRST CAUSE OF ACTION

(Comparative Indemnity)

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CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG
LASALLE AMERICAS, INC.oO mod A MA FF WN |

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1, The true names, forms, capacities and relationships, whether individual, corporate,
associate, government, or otherwise, of Cross-Defendants ROES 1-50, inclusive, are unknown to
Cross-Complainant(s), who therefore sue said Cross-Defendants by such fictitious names pursuant
to Section 474 of the California Code of Civil Procedure and pray leave of court to amend this
Cross-Complaint to set forth their true names, forms, capacities and relationships when the same
have been ascertained,

2. Cross-Complainant is informed and believes and thereon alleges that each of the
Cross-Defendants is, or at all times relevant herein were, the agent, servant and/or employee of
each of the other Cross-Defendants and acted in that capacity, within the course and scope of their
employment and/or authority and/or their acts were subsequently ratified by their principals.

3. Cross-Complainant is informed and believes that at all times relevant herein there
existed a unity of interest between the individual Cross-Defendants and the corporate or other
organizational Cross-Defendants and the existence of the corporate or organizational entities was
disregarded such that any individuality between those Cross-Defendants have ceased and the
corporate or organizational Cross-Defendants are the alter ego of the individual Cross-Defendants
and/or the corporate or organizational veil should be disregarded.

4, Cross-Complainant is informed and believes, and thereon alleges, that each of the
Cross-Defendants and Roes 1-100 is negligently responsible, strictly liable or in some manner
responsible or at fault for the events and happenings herein alleged and that the acts or omissions
of Cross-Defendants, and each of them, proximately caused the injuries and damages herein set
forth.

5. Cross-Complainant incorporates herein by reference, as though the same were set
forth verbatim herein, Plaintiff's First Amended Complaint in this action, and not by way of
admission of any of the allegations contained there, as cach and every one of the said allegations is
specifically denied, but for the purpose of reference only. Said First Amended Complaint seeks
damages, costs and/or other relief from Cross-Complainant.

6. Should it be determined that Cross-Complainant herein is liable to the plaintiff or
any other person or entity for the claims set forth in the First Amended Complaint on file herein,

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CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG

LASALLE AMERICAS, INC.Co wry DH S&S W

such liability will be completely or partially due to the negligence or other fault of CROWN
BUILDING MAINTENANCE CO. with respect to providing janitorial services at the premises
identified in Plaintiff's First Amended Complaint; and the other Cross-Defendants, and each of
them, in their actions which caused the events leading to the injuries or damages of the Plaintiff
and/or Cross-Complainants; and Cross-Defendants will therefore be liable and bound to pay
Cross-Complainants all or a portion of any and all damages which might be adjudged to be due
and owing to plaintiffs or any other party herein from Cross-Complainant herein which
corresponds to the portion of Cross-Defendant’s respective fault.

7. By reason of the aforesaid circumstances, an actual controversy has arisen between
Cross-Complainant and Cross-Defendants, and each of them, in that Cross-Complainant alleges
that Cross-Defendants are obligated to pay all or a portion of the damages awarded against Cross-
Complainant which corresponds to Cross-Defendant’s respective fault. Cross-Defendants, and
each of them, deny that they are so obligated.

WHEREFORE, Cross-Complainant prayd for judgment against Cross-Defendant, and each

of them as hereinafter set forth.

SECOND CAUSE OF ACTION
(Equitable Indemnity)

8. Cross-Complainant hereby incorporates by reference, as if set forth verbatim herein,
Paragraphs 1 through 7, inclusive.

9. Asadirect and proximate, or legal, result of the Cross-Defendants’ conduct, and due to
the nature and character of Cross-Defendants’ conduct, liability for the injuries and damages rests
solely or primarily on Cross-Defendants and only secondarily on Cross-Complainant, and Cross-
Defendants are obligated to reimburse Cross-Complainant herein for such sums Cross-
Complainant is compelled, or may be compelled, to pay as a result of any settlement, damages,
judgments or other awards herein as well as costs and attorney fees.

10. By reason of the aforesaid circumstances, an actual controversy has arisen between

Cross-Complainant and Cross-Defendants, and each of them, in that Cross-Complainant alleges

3.

CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG

LASALLE AMERICAS, INC.won A wm FF WN —

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that Cross-Defendants are obligated to indemnify Cross-Complainant, Cross-Defendants, and each
of them, deny that they are so obligated.
WHEREFORE, Cross-Complainant prays for judgment against Cross-Defendant, and each

of them, as hereinafter set forth.

THIRD CAUSE OF ACTION
(Implied Indemnity)

11. Cross-Complainant hereby incorporates by reference, as if set forth verbatim herein,
Paragraphs 1 through 10, inclusive.

12. Without admitting liability or fault with respect to the plaintiff's Complaint or any
other party, person or entity, Cross-Complainant herein alleges that if it is obligated to provide all
or a portion of the relief as sought by the Complaint or any other pleading the liability for such
damages or relief, if any, would be the result of the acts, omissions or fault of Cross-Defendants,
and each of them. Whereby Cross-Complainant herein is entitled to be fully indemnified by
Cross-Defendants, and each of them, including a right to recover for all defense costs and attorney
fees incurred by Cross-Complainant herein while defending such Complaint or other pleadings
requesting damages or other relief.

13. By way of filing and service of this Cross-Complaint upon Cross-Defendants, and
each of them, pursuant to California Code of Civil Procedure §1021.6, Cross-Complainant herein
hereby makes demand on Cross-Defendants to provide a defense to Cross-Complainant and to
indemnify Cross-Complainant, including any sums or amounts tendered through settlement and/or
judgment together with all defense costs and attorney fees.

14. In the event Cross-Complainant prevails on its Cross-Complaint, Cross-Complainant is
entitled to the attorney fees incurred, or, in the alternative, the reasonable value of the attorney’s
time spent, in acting to protect Cross-Complainant’s interests by bringing this Cross-Complaint or
other actions against Cross-Defendants or other persons or entities and/or by defending this
Complaint of plaintiff or an action by other persons or entities.

//

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CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG
LASALLE AMERICAS, INC.oO wo RI AH FF WN |

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FOURTH CAUSE OF ACTION
(Contribution)

15. Cross-Complainant hereby incorporates by reference, as if set forth verbatim herein,
Paragraphs 1 through 14, inclusive.

16. Cross-Complainant is entitled to contribution from Cross-Defendants, and each of
them, for the amount of damages awarded in favor of plaintiff or any other party herein and
against these Cross-Complainant pursuant to and in accordance with the degree of relative fault
attributed to each of said Cross-Defendant.

17. By reason of the aforesaid circumstances, an actual controversy has arisen between.
Cross-Complainant and Cross-Defendants, and each of them, in that Cross-Complainant alleges
that Cross-Complainant is entitled to a right of contribution against Cross-Defendants. Cross-
Defendants, and each of them, deny that Cross-Complainant is so entitled.

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

a) For a declaration of the rights and obligations of the parties;

b) That in the event it is determined in this action that there is any sum due
from Cross-Complainant to any party herein, the Court determines and adjudges that Cross-
Defendants and each of them, pay Cross-Complainant all or that portion of such sum which
corresponds to Cross-Defendant’s respective fault;

c) For full and complete indemnity;

d) For costs of suit herein, including attorney fees, incurred in defending the

Complaint and in establishing the right to indemnity; and

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CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG

LASALLE AMERICAS, INC.Cm XI DH FF WN

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e) For such other and further relief as the Court deems proper.

DATED: October 30, 2017 SKEBBA; ISAAC‘
BAY

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By:

“Brian C. O’ Hara, Esq/Attorneys for
Defendant JONES LANG LASALLE
AMERICAS, INC.

6.

CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG
LASALLE AMERICAS, INC.Coe QD HH FB WwW NH

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PROOF OF SERVICE BY MAIL (1013A(3) C.C.P.

State of California, County of San Francisco
Tam employed in the County of San Francisco, State of California. I am over the age of
eighteen years and not a party to the within entitled action. My business address is:
SKEBBA, ISAAC, BISHOP & HENDERSON, One Montgomery Street, Suite 2550 in San
Francisco, CA 94104, telephone (415) 836-2626 and Facsimile (415) 836-3104.

On the date entered below, I served the foregoing document described as:

CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON
BEHALF OF JONES LANG LASALLE AMERICAS, INC.

On all interested parties in said action by placing true copies thereof enclosed in sealed

envelopes addressed as follows:
Nikolaus W. Reed
LAW OFFICE OF NIKOLAUS REED
135 10th Street
San Francisco, CA 94103
ATTORNEY FOR PLAINTIFF

—] BY MAIL AS FOLLOWS - I am "readily familiar" with the firm's practice of collection
and processing correspondence for mailing. Under that practice it would be deposited with
the U.S. Postal Service on that same day with postage thereon fully prepaid at San
Francisco, California, in the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage meter date is
more than one (1) day after date of deposit for mailing in affidavit.

(1 BY FAX-I sent a true copy thereof via telephone facsimile transmission to the following
number(s):

oO BY PERSONAL SERVICE: I caused such envelope(s) to be delivered to the
following address, using the following service or method:

I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.

EXECUTED ON: October 30, 2017

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KAREN K. SHINODA

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CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION ON BEHALF OF JONES LANG
LASALLE AMERICAS, INC.