Legal Document: Harmony Home Improvements, Inc. vs Cookman

On February 07, 2023 a 89565Cross006072 was filed involving a dispute between Harmony Home Improvements, Inc., and Cookman, Kevin, Topping, Kelly, for 06: Unlimited Breach of Contract/Warranty in the District Court of Sonoma County.

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STEVEN J. BLEASDELL (SBN 191522)
1 RICHARD S. BAUM (SBN 178760)
2 BEYERS COSTIN SIMON
A Professional Corporation
3 200 Fourth Street, Suite 400
Santa Rosa, CA 95401
4 Tel: 707.547.2000
Fax: 707.526.2746
5
sbleasdell@beyerscostin.com
6 rbaum@beyerscostin.com

7
JAMES C. NIELSEN (111889)
8
jnielsen@NKLLP.law
9 MEGAN W. WENDELL (238423)
mwendell@NKLLP.law
10
NIELSEN KATIBAH LLP
11 100 Smith Ranch Road, Suite 350
San Rafael, California 94903
12 Telephone: (415) 693-0900
13 Facsimile: (415) 693-9674

14 Attorneys for Plaintiff/Cross-Defendants/Cross-Complainants
15
HARMONY HOME IMPROVEMENTS, INC.
FEDOR CHERNIOGLO
16

17 SUPERIOR COURT OF CALIFORNIA
18 COUNTY OF SONOMA
19
HARMONY HOME IMPROVEMENTS, INC., a Case No.: SCV-272568
20 California Corporation,
21 CROSS-COMPLAINT OF HARMONY
Plaintiff,
HOME IMPROVEMENT, INC. FOR
22
v. INDEMNITY, CONTRIBUTION AND
23 DECLARATORY RELIEF
KEVIN COOKMAN, KELLY TOPPING and DOES
24 1-10,
25
Defendants.
26

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1
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1
KEVIN COOKMAN, KELLY TOPPING, Complaint filed: February 7, 2023

2 Cross-Complainants First Amended Cross-Complaint
filed: October 10, 2023
3 v.
4
HARMONY HOME IMPROVEMENTS, INC,
5 et. al.,
6
Cross-Defendants.
7
HARMONY HOME IMPROVEMENTS, INC.,
8 FEDOR CHERNIOGLO,
9 Cross-Complainants
10
v.
11
SETH E. NOTO and DEAN M. NOTO dba S&S
12
RE-WALL; ORTAK CONSTRUCTION, INC.;
13 DAVID HARRIS dba HARRIS
CONSTRUCTION; ALPHA FIRE
14 SUPPRESSION SYSTEMS, INC.; ZOES 1-20,
15 inclusive,

16 Cross-Defendants.
17

19
COMES NOW Plaintiffs, Cross-Defendants and Cross-Complainants (referred to
20
herein as “cross-complainants”) Harmony Home Improvements, Inc. (“Harmony”) and
21
Fedor Chernioglo (“Chernioglo”) and alleges against all cross-defendants as follows:
22
GENERAL ALLEGATIONS
23
1. That at all times herein mentioned, cross-complainant Harmony was a
24
California corporation with its principal place of business in Loomis, California, and
25
licensed to do business in the State of California, including but not limited to Sonoma
26
County, California.
27
2. That at all times herein mentioned, cross-complainant Fedor Chernioglo, the
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2
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 principal and RMO of cross-complainant Harmony, is an individual and resident of the
2 State of California.
3 3. That at all times herein mentioned, cross-complainants Seth E. Noto and
4 Dean M. Noto dba S&S Re-Wall, are individuals with a principal place of business in
5 Woodland, California, and licensed to do business in the State of California, including but
6 not limited to Sonoma County, California.
7 4. That at all times herein mentioned, cross-complainant Ortak Construction,
8 Inc. was a California corporation with a principal place of business in Orangevale,
9 California, and licensed to do business in the State of California, including but not limited
10 to Sonoma County, California.
11 5. That at all times herein mentioned, cross-complainant David Harris dba
12 Harris Construction is an individual with a principal place of business in Acampo,
13 California, and licensed to do business in the State of California, including but not limited
14 to Sonoma County, California.
15 6. That at all times herein mentioned, cross-complainant Alpha Fire
16 Suppression Systems, Inc. was a California corporation with a principal place of business
17 in Santa Rosa, California, and licensed to do business in the State of California, including
18 but not limited to Sonoma County, California.
19 7. Cross-complainants do not know the true names and capacities, whether
20 individual, corporate or otherwise, of the cross-defendants named herein as Zoes 1
21 through 20, inclusive. Cross-complainants therefore sues these cross-defendants by
22 fictitious names and will amend this cross-complaint in accordance with CCP § 474 to
23 reflect the Zoe cross-defendants’ true names and capacities when they have been
24 ascertained. Cross-complainants are informed and believe and thereon allege that each of
25 the Zoe cross-defendants is at fault in some manner for the acts and omissions alleged
26 below, and caused and/or is legally responsible for cross-complainants’ alleged injuries
27 and damages. Cross-complainants are further informed and believe and thereon allege
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3
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 that whenever and wherever in this cross-complaint any of the cross-defendants are the
2 subject of any charging allegations by cross-complainants, and Zoes 1 through 20,
3 inclusive, are also responsible in some manner for the events and happenings alleged
4 herein, and it shall be deemed that said Zoe cross-defendants, and each of them, are
5 likewise the subject of said charging allegations herein.
6 8. Cross-complainants are informed and believe and thereon allege that at all
7 times mentioned herein cross-defendants Zoes 1 through 20, inclusive, were the agents,
8 servants and employees of their co-cross-defendants and in doing things hereinafter
9 mentioned were acting in the scope of their authority as such agents, servants and
10 employees with permission and consent from their co-cross-defendants.
11 9. Cross-complainants hereby incorporate the allegations of cross-
12 complainants’ first amended cross-complaint herein in the action entitled Cookman, et. al.
13 v. Harmony Home Improvements, Inc., et. al. (hereinafter the “Cookman cross-
14 complaint”) solely for the purpose of demonstrating the nature of the causes of actions
15 being alleged. No admission of the allegations made therein is made by this
16 incorporation. The Cookman cross-complaint alleges defects exist which relate to cross-
17 complainants’ alleged scope of work on the project involved in this matter. As a result of
18 the Cookman cross-complaint, cross-complainants have subsequently filed this cross-
19 complaint.
20 FIRST CAUSE OF ACTION
21 (Express Indemnity Against All Cross-Defendants)
22 10. Cross-complainants re-allege and incorporate herein by reference
23 Paragraphs 1 through 9, inclusive, as though fully set forth herein.
24 11. Cross-complainants are informed and believe and thereon allege that
25 contracts and/or subcontracts between cross-complainants and cross-defendants authorize
26 cross-complainants to be indemnified fully with respect to any losses that cross-
27 complainants incur as a consequence of the allegations contained in the Cookman cross-
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4
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 complaint.
2 12. Cross-complainants are informed and believe and thereon allege that if they
3 are found to be liable to the Cookman cross-complainants, then cross-complainants are
4 entitled to be indemnified by said cross-defendants, and each of them, in whatever
5 amount may be adjudged, and for the costs and expenses incurred in the defense of the
6 Cookman cross-complaint, including reasonable attorneys’ fees. Cross-complainants
7 further contend that they are entitled to be indemnified for expenditures prior to and after
8 the filing of this cross-complaint. The total amount of cross-complainants’ costs and
9 attorneys’ fees are not yet known and cross-complainants will seek leave of this court to
10 insert such amounts at the time of trial.
11 WHEREFORE, cross-complainants pray for recovery as set forth below.
12 SECOND CAUSE OF ACTION
13 (Implied Indemnity Against All Cross-Defendants)
14 13. Cross-complainants re-allege and incorporate herein by reference
15 Paragraphs 1 through 12, inclusive, as though fully set forth herein.
16 14. Cross-complainants are informed and believe and thereon allege that if they
17 are found to be liable to the Cookman cross-complainants or others for negligence, or if
18 the Cookman cross-complainants are otherwise entitled to recover against cross-
19 complainants directly or indirectly, in any amount whatsoever, then such liability will be
20 the direct and proximate result of the wrongful conduct and the sole, active and
21 affirmative negligence of said cross-defendants, and each of them, as set forth herein.
22 15. Cross-complainants are informed and believe and thereon allege that if they
23 are found to be liable to the Cookman cross-complainants, then cross-complainants are
24 entitled to be indemnified by said cross-defendants, and each of them, in whatever
25 amount may be adjudged, and for the costs and expenses incurred in the defense of the
26 Cookman cross-complaint, including reasonable attorneys’ fees. Cross-complainants
27 further contend that they are entitled to be indemnified for expenditures prior to and after
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5
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 the filing of this cross-complaint. The total amount of cross-complainants’ costs and
2 attorneys’ fees are not yet known and cross-complainants will seek leave of this court to
3 insert such amounts at the time of trial.
4 16. Cross-complainants are without active fault, culpability or negligence in the
5 Cookman cross-complaint for damages, but are being required to defend themselves
6 against the Cookman cross-complaint, solely as a result of the tortious conduct of said
7 cross-defendants, and each of them. Cross-defendants, and each of them, therefore have
8 an equitable obligation to indemnify and hold cross-complainants harmless from and
9 against any and all claims, losses, damages, attorneys’ fees, costs, judgment and
10 settlement expenses incurred in mitigation and defense against any action and claim
11 asserted against cross-complainants herein.
12 WHEREFORE, cross-complainants pray for recovery as set forth below.
13 THIRD CAUSE OF ACTION
14 (Contribution Against All Cross-Defendants)
15 17. Cross-Complainants re-allege and incorporate herein by reference
16 Paragraph 1 through 16, inclusive, as though fully set forth herein.
17 18. The Cookman cross-complainants’ damages, if any, were caused by the
18 acts, omissions, negligence and/or fault of the cross-defendants and/or other third parties.
19 19. In the event cross-complainants are held liable to the Cookman cross-
20 complainants, other parties and/or third parties, which liability is expressly denied, cross-
21 complainants will be entitled to equitable contribution from the cross-defendants and/or
22 other third parties.
23 WHEREFORE, cross-complainants pray for recovery as set forth below.
24 FOURTH CAUSE OF ACTION
25 (Declaratory Relief Against All Cross-Defendants)
26 20. Cross-Complainants re-allege and incorporate herein by reference
27 Paragraphs 1 through 19, inclusive, as though fully set forth herein.
28
6
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 21. Cross-complainants are informed and believe and thereon allege that cross-
2 defendants, and each of them, have denied or will deny, any breach of legal or equitable
3 duty to cross-complainants, and will further deny, actually or by implications, that they
4 should totally or partially indemnify cross-complainants according to the principles of
5 comparative fault and equitable allocation of loss.
6 22. An actual controversy arises and now exists between cross-complainants
7 and cross-defendants, and each of them, concerning their respective rights, duties and
8 obligations to indemnify cross-complainants totally or partially. Unless all of the rights,
9 duties and obligations of cross-complainants and of cross-defendants, and each of them,
10 are determined at this time, there will be a multiplicity of actions required to determine
11 those rights and duties. Cross-complainants request a judicial determination of the
12 respective rights and duties and obligations of cross-complainants and cross-defendants
13 and each of them, with respect to damages claimed in the Cookman cross-complaint.
14 23. In particular, cross-complainants desire a declaration of the respective
15 liabilities of cross-complainants and cross-defendants or such damages which cross-
16 complainants may be compelled to pay, whether by settlement entered into by cross-
17 complainants or by judgments which may be rendered against cross-complainants. Cross-
18 complainants further desire a judicial determination that it they are entitled to
19 reimbursement for all costs and expenses incurred and to be incurred by them in
20 defending against the Cookman cross-complaint and in prosecuting this cross-complaint,
21 including reasonable attorneys’ fees.
22 WHEREFORE, cross-complainants pray for judgments against cross-defendants, and
23 each of them, as follows:
24 1. For actual damages according to proof at trial;
25 2. For pre-judgment interest and post-judgment interest in accordance with
26 law;
27 3. A judgment of indemnity in favor of cross-complainants against cross-
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7
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 defendants, and each of them, for the amount of any settlement, compromise or judgment
2 obtained by the Cookman cross-complainants, or in the alternative for the portion of any
3 settlement, compromise, award of judgment equal to a proportionate share of fault of
4 cross-defendants, and each of them;
5 4. A declaration of the rights and liabilities between cross-complainants and
6 each of the cross-defendants;
7 5. A judgment against cross-defendants and each of them for cross-
8 complainants’ expenses in defending themselves against the Cookman cross-
9 complainants’ claims, including reasonable attorneys’ fees and costs; and
10 6. For costs of suit incurred herein;
11 7. For such other and further relief as the Court may deem proper.
12

13 NIELSEN KATIBAH LLP
14

15 January 2, 2024 By: ____________________________________
Megan W. Wendell
16
Attorneys for Plaintiff/Cross-Defendants/
17 Cross-Complainants
HARMONY HOME IMPROVEMENTS, INC.
18
FEDOR CHERNIOGLO
19

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8
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 DEMAND FOR JURY TRIAL
2 Under Code of Civil Procedure § 631, cross-defendants/cross-complainants
3 Harmony Home Improvements, Inc. and Fedor Chernioglo demand trial by jury for all
4 issues so triable.
5
Respectfully submitted,
6 NIELSEN KATIBAH LLP
7

8 January 2, 2024 By: ____________________________________
9 Megan W. Wendell
Attorneys for Plaintiff/Cross-Defendants/
10 Cross-Complainants
11 HARMONY HOME IMPROVEMENTS, INC.
FEDOR CHERNIOGLO
12

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9
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 PROOF OF SERVICE

2 I declare that:
I am a citizen of the United States, employed in the County of Marin. I am over the age
3
of eighteen years, and not a party to the within cause. My business address is 100 Smith Ranch
4
Road, Suite 350, San Rafael, California 94903. On the date set forth below, I served true and
5
correct copies of the following document(s) described as follows:
6

7
HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO’S
8 CROSS-COMPLAINT

9 [ ] (BY CM/ECF NOTICE OF ELECTRONIC FILING) I electronically filed the
document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
10 who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
who are not registered CM/ECF users will be served by mail or by other means permitted by the
11 court rules.

12 [ ] (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in
the United States mail at San Rafael, California.
13
[ X ] (BY ELECTRONIC SERVICE) by transmitting via email the document(s) listed above
14 to the email address(es) set forth below, per the agreement of the parties, on this date.

15 Attorneys for Defendants/Cross-Complainants KEVIN COOKMAN and KELLY
TOPPING
16 RICHARD W. FREEMAN, JR.
The Law Offices of Richard Freeman
17
50 Santa Rosa Ave., Suite 400
18 Santa Rosa, CA 95404
Tel: (707) 757-8206
19 Fax: (707) 921-7329
Email: rfreemanattorney@sonic.net
20
Co-Counsel for Plaintiff/Cross-Defendants/Cross-Complainants HARMONY HOME
21
IMPROVEMENTS, INC. and FEDOR CHERNIOGLO
22 STEVEN J. BLEASDELL
RICHARD S. BAUM
23 Beyers Costin Simon
200 Fourth Street, Suite 400
24 Santa Rosa, CA 95401
Tel: (707) 547-2000
25
Fax: (707) 526-2756
26 Email: sbleasdell@beyerscostin.com, rbaum@beyerscostin.com, sgray@beyerscostin.com

27
I declare under penalty of perjury that the foregoing is true and correct and that this
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10
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT
1 declaration was executed on January 2, 2024, at San Rafael, California.

3 _______________________
Megan W. Wendell
4

8
9

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11
_______________________________________________________________________________________
ANSWER OF HARMONY HOME IMPROVEMENTS, INC. AND FEDOR CHERNIOGLO TO FIRST AMENDED CROSS-
COMPLAINT

Case Info

Judge

DeMeo, Bradford Track Judge’s New Case

Case No.

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Document Filed Date

January 08, 2024

Case Filing Date

February 07, 2023

County

Parties

Alpha Fire Suppression Systems, Inc. Cross Defendant
American Contractors Indemnity Company Cross Defendant
Bleasdell, Steven James Attorney
Bleasdell, Steven James Attorney for the Plaintiff
Bromgard, Todd Duane Attorneys for Plaintiffs
CHERNIOGLO, FEDOR Cross Defendant
CMH HOMES, INC Cross Defendant
Cookman, Kevin Defendant
Freeman, Richard W., JR Attorney for the Defendant
Harmony Home Improvements, Inc. Cross Defendant
Harmony Home Improvements, Inc. Plaintiff
Harris, David Cross Defendant
Niemeyer, Trevis J. Attorneys for Defendants
Noto, Dean M. Cross Defendant
Noto, Seth E. Cross Defendant
Ortak Construction, Inc. Cross Defendant
Topping, Kelly Defendant
Youngdahl, Robin Cross Defendant
Megan Wendell Attorneys for Plaintiffs
James Nielsen Attorneys for Plaintiffs
Richard Barone Attorneys for Plaintiffs

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Document for Harmony Home Improvements, Inc. vs Cookman

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Case Info

Parties