On November 28, 2023 a
Complaint,Petition
was filed
involving a dispute between
State Farm Fire & Casualty Company,
and
Booth Machinery, Llc,
Diaz, Jose,
Mejia, Frank,
Serjoe Concrete & Landscaping, Llc,
for Other Complaint (Not Spec) Unlimited
in the District Court of San Bernardino County.
Preview
JeffreyM. Carson, Esq. (SBN 236776)
icarson@tresslerllp.com
TRESSLER LLP ELECTRONICALLY FILED
2 Park Plaza, Suite 1050 SUPERIOS CgURT OF CALIFO§NIA
#WN Irvine, CA 92614 COUNTY F AN BERNARDIN
SAN BERNARDINO DISTRICT
Telephone: (949) 336_1200
FaCSimflEZ (949) 752-0645 11/28/2023 10:54 AM
Attorneys for Plaintiff By: Priscilla Saldana, DEPUTY
STATE FARM FIRE & CASUALTY COMPANY
\OOOQONUI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO, CIVIL DIVISION
10
11
STATE FARM FIRE & CASUALTY Case No. C|V832330984
12
COMPANY,
13
Plaintiff,
14 COMPLAINT FOR DECLARATORY
V. RELIEF
15
16 SERJOE CONCRETE & LANDSCAPING,
LLC, FRANK MEJIA, JOSE DIAZ, BOOTH
17 MACHINERY, LLC, and DOES 1-30,
inclusive,
18
Defendants.
19
20
21 Plaintiff State Farm Fire & Casualty Company (“State Farm”) alleges:
22 1. State Farm is an insurance corporation organized and operating under the laws of
23 the State of Illinois and the rules and regulations of the Illinois Department of Insurance licensed
24 and authorized to write insurance in Illinois, having paid all taxes, fees and assessments and as
25 such is authorized t0 bring this action. State Farm is also authorized t0 do business in California.
26 2. Serjoe Concrete & Landscaping, LLC (“Serjoe”) is an Illinois limited liability
27 corporation.
28 3. Serj oe was involuntarily dissolved on June 9, 2023. At the time 0f dissolution, Jose
Lopez and Sergio Quintero Calderon were the only managers/members of the LLC.
1
COMPLAINT FOR DECLARATORY RELIEF
4. On information and belief, Frank Mejia (“Mejia”) is an individual residing in San
Bernardino, California.
#UJN
5. Jose Diaz is an individual residing in San Bernardino County, California. Diaz is
named as a necessary party defendant herein and no affirmative relief against him is sought.
6. Booth Machinery, LLC is a California limited liability company.
7. The true names and capacities 0f defendants Does 1 through 30 are unknown to
\DOOQONUI
plaintiff. State Farm is also unaware of facts giving it a cause of action against Does 1 through
30 and is unaware of the law that gives it a cause of action against Does 1 through 30. State Farm
therefore sues these defendants by fictitious names. State Farm Will seek leave of court to amend
10 this complaint to insert the true names and capacities 0f the fictitiously named defendants When
11 they are ascertained. Each defendant designated as a Doe has claimed or will claim some right
12 0r benefit 0r coverage under and by Virtue of the insurance policies hereinafter referred to.
13 8. State Farm issued businessowners policy number 93—KU-G587-1 t0 Serjoe
14 Concrete & Landscaping, LLC, which policy was in effect from April 8, 2020 to April 8, 2021.
15 A certified copy 0f the businessowners policy is attached as Exhibit 1.
16 9. State Farm issued commercial liability umbrella policy (“CLUP”) number 93—KU-
17 G585-7 t0 Serjoe Concrete & Landscaping, LLC, which policy was in effect from April 8, 2020
18 t0 April 8, 2021. A certified copy of the CLUP is attached as Exhibit 2.
19 10. Lopez, in the course of conducting business for Serjoe Concrete & Landscaping,
20 LLC, leased a freight water truck from Booth Machinery, LLC on August 24, 2020. A copy of
21 the lease is attached as Exhibit 3.
22 11. The lease was for use of a freight water truck in California to conduct business 0f
23 Serjoe Concrete & Landscaping, LLC. The lease required naming Booth Machinery, LLC as an
24 additional insured under the lessee’s liability policies.
25 12. Frank Mejia operated the freight water truck on August 24, 2020, in his capacity as
26 an employee or agent 0f Serjoe Concrete & Landscaping, LLC.
27 13. Mejia collided with a vehicle operated by Diaz on August 24, 2020.
28
2
COMPLAINT FOR DECLARATORY RELIEF
Document Filed Date
November 28, 2023
Case Filing Date
November 28, 2023
Category
Other Complaint (Not Spec) Unlimited
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JeffreyM. Carson, Esq. (SBN 236776) icarson@tresslerllp.com TRESSLER LLP ELECTRONICALLY FILED 2 Park Plaza, Suite 1050 SUPERIOS CgURT OF CALIFO§NIA #WN Irvine, CA 92614 COUNTY F AN BERNARDIN SAN BERNARDINO DISTRICT Telephone: (949) 336_1200 FaCSimflEZ (949) 752-0645 11/28/2023 10:54 AM Attorneys for Plaintiff By: Priscilla Saldana, DEPUTY STATE FARM FIRE & CASUALTY COMPANY \OOOQONUI SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO, CIVIL DIVISION 10 11 STATE FARM FIRE & CASUALTY Case No. C|V832330984 12 COMPANY, 13 Plaintiff, 14 COMPLAINT FOR DECLARATORY V. RELIEF 15 16 SERJOE CONCRETE & LANDSCAPING, LLC, FRANK MEJIA, JOSE DIAZ, BOOTH 17 MACHINERY, LLC, and DOES 1-30, inclusive, 18 Defendants. 19 20 21 Plaintiff State Farm Fire & Casualty Company (“State Farm”) alleges: 22 1. State Farm is an insurance corporation organized and operating under the laws of 23 the State of Illinois and the rules and regulations of the Illinois Department of Insurance licensed 24 and authorized to write insurance in Illinois, having paid all taxes, fees and assessments and as 25 such is authorized t0 bring this action. State Farm is also authorized t0 do business in California. 26 2. Serjoe Concrete & Landscaping, LLC (“Serjoe”) is an Illinois limited liability 27 corporation. 28 3. Serj oe was involuntarily dissolved on June 9, 2023. At the time 0f dissolution, Jose Lopez and Sergio Quintero Calderon were the only managers/members of the LLC. 1 COMPLAINT FOR DECLARATORY RELIEF 4. On information and belief, Frank Mejia (“Mejia”) is an individual residing in San Bernardino, California. #UJN 5. Jose Diaz is an individual residing in San Bernardino County, California. Diaz is named as a necessary party defendant herein and no affirmative relief against him is sought. 6. Booth Machinery, LLC is a California limited liability company. 7. The true names and capacities 0f defendants Does 1 through 30 are unknown to \DOOQONUI plaintiff. State Farm is also unaware of facts giving it a cause of action against Does 1 through 30 and is unaware of the law that gives it a cause of action against Does 1 through 30. State Farm therefore sues these defendants by fictitious names. State Farm Will seek leave of court to amend 10 this complaint to insert the true names and capacities 0f the fictitiously named defendants When 11 they are ascertained. Each defendant designated as a Doe has claimed or will claim some right 12 0r benefit 0r coverage under and by Virtue of the insurance policies hereinafter referred to. 13 8. State Farm issued businessowners policy number 93—KU-G587-1 t0 Serjoe 14 Concrete & Landscaping, LLC, which policy was in effect from April 8, 2020 to April 8, 2021. 15 A certified copy 0f the businessowners policy is attached as Exhibit 1. 16 9. State Farm issued commercial liability umbrella policy (“CLUP”) number 93—KU- 17 G585-7 t0 Serjoe Concrete & Landscaping, LLC, which policy was in effect from April 8, 2020 18 t0 April 8, 2021. A certified copy of the CLUP is attached as Exhibit 2. 19 10. Lopez, in the course of conducting business for Serjoe Concrete & Landscaping, 20 LLC, leased a freight water truck from Booth Machinery, LLC on August 24, 2020. A copy of 21 the lease is attached as Exhibit 3. 22 11. The lease was for use of a freight water truck in California to conduct business 0f 23 Serjoe Concrete & Landscaping, LLC. The lease required naming Booth Machinery, LLC as an 24 additional insured under the lessee’s liability policies. 25 12. Frank Mejia operated the freight water truck on August 24, 2020, in his capacity as 26 an employee or agent 0f Serjoe Concrete & Landscaping, LLC. 27 13. Mejia collided with a vehicle operated by Diaz on August 24, 2020. 28 2 COMPLAINT FOR DECLARATORY RELIEF