Preview
Austin T. Jackson, Esq. (SBN
ajackson@structurelaw.com
Karen . Rothschild, Esq. (SBN
krothschild@structurelaw.com
STRUCTURE LAW GROUP, LLP
1754 Technology Drive, Suite 135
San Jose, California 95110
Telephone: (408) 7500
Facsimile: (408) 441 7501
Attorneys for Plaintiff
JESUN MANUEL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
JESUN MANUEL an individual, ASE NO.
Plaintiff, PLAINTIFF JESUN MANUEL’S
COMPLAINT AGAINST FXR
CONSTRUCTION, INC.
FXR Construction, Inc., a California
corporation, and DOES 1 20, inclusive, BREACH OF CONTRACT
CONVERSION
Defendants. UNJUST ENRICHMENT
OPEN BOOK ACCOUNT
DEMAND FOR JURY TRIAL
Plaintiff Jesun Manuel (“Plaintiff”) alleges agains Defendant FXR Construction, Inc.
(“FXR”) and OES 1 20, inclusive, (collectively, “Defendants”) as follows
PARTIES
Plaintiff is and at all relevant times was resident of Santa Clara County,
California
Upon information and belief, Defendant FXR Construction, Inc. (“FXR”) is and
at all relevant times was a corporation organized pursuant to and existing under the laws of
California.
The true names and capacities, whether individual, corporate, associate or
otherwise of Defendants named herein as oes 1 through , inclusive, are unknown to Plaintiff
who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes,
PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.
1 and thereon alleges, that each of the fictitiously named Defendants proximately caused damages
2 to Plaintiff as alleged herein and/or is responsible for the acts complained of herein as Defendants’
3 agents acting within the scope of that agency. Further, each and every Defendant is the alter ego
4 of every other Defendant herein, such that in equity each should be held responsible under law
5 for the damages caused by every other defendant herein. Plaintiff will seek leave of Court to
6 amend this Complaint when the true identities of such Doe Defendants have been ascertained.
7 JURISDICTION AND VENUE
8 4. The amount in controversy in this lawsuit exceeds $25,000. The Superior Court
9 has unlimited jurisdiction over this case pursuant to California Code of Civil Procedure § 88.
10 5. Santa Clara County is the correct venue pursuant to California Code of Civil
11 Procedure § 395 et seq. because FXR contracted to perform an obligation in this County, because
12 FXR entered into a contract in this County, and because FXR resides in this County.
13 6. This Court has personal jurisdiction over FXR because FXR resides in California
14 and a substantial part of FXR’s acts and omissions giving rise to the allegations contained in this
15 Complaint occurred in California.
16 CONSTRUCTION AGREEMENT
17 7. Plaintiff owns the real property located at 634 Royal Glen Ct., San Jose, CA 95133
18 (the “Premises”).
19 8. In March, 2022 Plaintiff entered into a contract with construction company Re-
20 Model to construct certain improvements on the Premises. FXR was a sub-contractor under Re-
21 Model on the construction project. Re-Model performed construction on the Premises from June
22 to August 2023, even though Re-Model had, unbeknownst to Plaintiff, lost its construction license
23 in June 2023. Re-Model then informed Plaintiff that it was no longer licensed and suggested FXR
24 continue the construction contract. In October 2023, Plaintiff and FXR entered into a written
25 contract pursuant to which FXR agreed to continue the construction of certain improvements to
26 the Premises (“Agreement”).
27 9. The Agreement indicated that the total contract price was $236,000.00.
28 10. FXR, through Jesus Robles, resumed the construction of the project at the
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PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.
1 Premises in 2023.
2 11. However, FXR abandoned the construction at the Premises in January 2024
3 leaving significant construction work outstanding. Plaintiff was unable to contact Jesus Robles
4 for several months after his job site abandonment.
5 12. Plaintiff paid money to FXR under the Agreement which FXR must disgorge, as
6 set forth herein. Further, Plaintiff has been forced to expend substantial sums to continue the
7 project FXR failed to complete.
8 13. After FXR left the Premises and ceased all work under the Agreement, Plaintiff
9 needed to find an alternate contractor to finish the unfinished construction on the Premises.
10 14. Plaintiff was unable to contact FXR after FXR ceased all work under the
11 Agreement and stopped answering Plaintiff’s phone calls.
12 15. At the time FXR ceased all work and no longer answered phone calls, FXR
13 retained property and cash that rightfully belonged to Plaintiff. Plaintiff ordered construction
14 pieces from vendors which FXR picked up on Plaintiff’s behalf and retained after ceasing all
15 work. Plaintiff provided cash to FXR to purchase certain other construction items on Plaintiff’s
16 behalf, FXR has failed to either provide the construction item or return the cash. FXR took certain
17 items from the Premises under the guise that he would machine the items at his shop, FXR has
18 failed to return said items.
19 16. Counsel for Plaintiff wrote a letter to FXR demanding the return of the personal
20 property and addressed that FXR had abandoned the job site.
21 17. FXR failed to respond to the letter within a reasonable time, forcing Plaintiff to
22 hire new contractors to continue work on the project.
23 FIRST CAUSE OF ACTION
24 BREACH OF CONTRACT- FAILURE TO COMPLETE WORK
25 18. Plaintiff realleges and incorporates each and every paragraph of this Complaint as
26 though fully set forth herein.
27 19. Plaintiff fully performed all of its required obligations under the Agreement which
28 were otherwise not waived or excused.
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PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.
1 20. Pursuant to the written Agreement, FXR agreed to construct certain home
2 improvements subject to various terms and conditions.
3 21. FXR breached the written Agreement by failing to perform the contract in a
4 reasonable time; failing to continue the construction as outlined in the Agreement; and by
5 abandoning the job site entirely and cutting off contact from Plaintiff.
6 22. As a proximate cause of FXR’s breach of the Agreement, Plaintiff has suffered
7 damage in an amount to be shown according to proof at trial, including but not limited to the cost
8 of needing to hire an additional contractor to continue construction on the Premises; lost use of
9 the Premises; and various incidental and consequential damages caused by FXR’s abandonment
10 and failure to perform work in a timely manner.
11 WHEREFORE, Plaintiff prays for judgment as set forth below.
12 SECOND CAUSE OF ACTION
13 CONVERSION
14 23. Plaintiff realleges and incorporates each and every paragraph of this Complaint as
15 though fully set forth herein.
16 24. Plaintiff had a right to possession of certain personal property Plaintiff purchased
17 or otherwise.
18 25. Based upon information and belief, Defendant wrongfully retained personal
19 property belonging to Plaintiff.
20 26. Plaintiff has suffered the loss of his personal property due to Defendant’s wrongful
21 retention.
22 27. As a proximate cause of the above-alleged wrongful acts, Plaintiff has been
23 damaged in an amount to be determined at trial.
24 WHEREFORE, Plaintiff prays for judgment as set forth below.
25 THIRD CAUSE OF ACTION
26 UNJUST ENRICHMENT
27 28. Plaintiff realleges and incorporates each and every paragraph of this Complaint as
28 though fully set forth herein.
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PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.
1 29. Plaintiff made payments to FXR under the Agreement. FXR, however, failed to
2 perform certain home improvements when FXR abandoned the job siter, in breach of the
3 Agreement and of the various conditions and warranties therein, and in violation of laws, rules,
4 and regulations. Consequently, FXR would be unjustly enriched if it retained these payments.
5 30. As a proximate cause of FXR’s unjust enrichment, Plaintiff has been damaged in
6 an amount to be determined at trial.
7 WHEREFORE, Plaintiff prays for judgment as set forth below.
8 FOURTH CAUSE OF ACTION
9 OPEN BOOK ACCOUNT
10 31. Plaintiff realleges and incorporates each and every paragraph of this Complaint as
11 though fully set forth herein.
12 32. Plaintiff entered into a financial transaction with both FXR, namely Agreement.
13 33. Plaintiff regularly kept a written record of the account of the debits and credits
14 involved in both the Agreement.
15 34. FXR owes Plaintiff money on its account due to its breaches of the financial
16 transactions.
17 35. As a proximate cause of the open book accounts, Plaintiff has been damaged in an
18 amount to be determined at trial.
19 WHEREFORE, Plaintiff prays for judgment as set forth below.
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PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully submits that the onorable Court should:
For compensatory, punitive, and restitutionary damages in an amount to be
determined at trial;
For interest on the principal amount due either pursuant to the Contract or
applicable law;
For attorney’s fees pursuant to Civil Code section 1717.5;
or costs of suit incurred herein
For such other and further relief as the Court may deem just and proper.
Date: April STRUCTURE LAW GROUP, LLP
Austin T. Jackson, Esq.
Karen Rothschild
Attorneys Plaintiff JESUN MANUEL
DEMAND FOR A JURY TRIAL
Plaintiff hereby demands a jury trial with respect to all issues triable by jury.
Date: April 18, 2024 STRUCTURE LAW GROUP, LLP
By:
Austin T. Jackson, Esq.
Karen Rothschild
Attorneys Plaintiff JESUN MANUEL
PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.
Preview
Austin T. Jackson, Esq. (SBN ajackson@structurelaw.com Karen . Rothschild, Esq. (SBN krothschild@structurelaw.com STRUCTURE LAW GROUP, LLP 1754 Technology Drive, Suite 135 San Jose, California 95110 Telephone: (408) 7500 Facsimile: (408) 441 7501 Attorneys for Plaintiff JESUN MANUEL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA JESUN MANUEL an individual, ASE NO. Plaintiff, PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC. FXR Construction, Inc., a California corporation, and DOES 1 20, inclusive, BREACH OF CONTRACT CONVERSION Defendants. UNJUST ENRICHMENT OPEN BOOK ACCOUNT DEMAND FOR JURY TRIAL Plaintiff Jesun Manuel (“Plaintiff”) alleges agains Defendant FXR Construction, Inc. (“FXR”) and OES 1 20, inclusive, (collectively, “Defendants”) as follows PARTIES Plaintiff is and at all relevant times was resident of Santa Clara County, California Upon information and belief, Defendant FXR Construction, Inc. (“FXR”) is and at all relevant times was a corporation organized pursuant to and existing under the laws of California. The true names and capacities, whether individual, corporate, associate or otherwise of Defendants named herein as oes 1 through , inclusive, are unknown to Plaintiff who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes, PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC. 1 and thereon alleges, that each of the fictitiously named Defendants proximately caused damages 2 to Plaintiff as alleged herein and/or is responsible for the acts complained of herein as Defendants’ 3 agents acting within the scope of that agency. Further, each and every Defendant is the alter ego 4 of every other Defendant herein, such that in equity each should be held responsible under law 5 for the damages caused by every other defendant herein. Plaintiff will seek leave of Court to 6 amend this Complaint when the true identities of such Doe Defendants have been ascertained. 7 JURISDICTION AND VENUE 8 4. The amount in controversy in this lawsuit exceeds $25,000. The Superior Court 9 has unlimited jurisdiction over this case pursuant to California Code of Civil Procedure § 88. 10 5. Santa Clara County is the correct venue pursuant to California Code of Civil 11 Procedure § 395 et seq. because FXR contracted to perform an obligation in this County, because 12 FXR entered into a contract in this County, and because FXR resides in this County. 13 6. This Court has personal jurisdiction over FXR because FXR resides in California 14 and a substantial part of FXR’s acts and omissions giving rise to the allegations contained in this 15 Complaint occurred in California. 16 CONSTRUCTION AGREEMENT 17 7. Plaintiff owns the real property located at 634 Royal Glen Ct., San Jose, CA 95133 18 (the “Premises”). 19 8. In March, 2022 Plaintiff entered into a contract with construction company Re- 20 Model to construct certain improvements on the Premises. FXR was a sub-contractor under Re- 21 Model on the construction project. Re-Model performed construction on the Premises from June 22 to August 2023, even though Re-Model had, unbeknownst to Plaintiff, lost its construction license 23 in June 2023. Re-Model then informed Plaintiff that it was no longer licensed and suggested FXR 24 continue the construction contract. In October 2023, Plaintiff and FXR entered into a written 25 contract pursuant to which FXR agreed to continue the construction of certain improvements to 26 the Premises (“Agreement”). 27 9. The Agreement indicated that the total contract price was $236,000.00. 28 10. FXR, through Jesus Robles, resumed the construction of the project at the -2- PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC. 1 Premises in 2023. 2 11. However, FXR abandoned the construction at the Premises in January 2024 3 leaving significant construction work outstanding. Plaintiff was unable to contact Jesus Robles 4 for several months after his job site abandonment. 5 12. Plaintiff paid money to FXR under the Agreement which FXR must disgorge, as 6 set forth herein. Further, Plaintiff has been forced to expend substantial sums to continue the 7 project FXR failed to complete. 8 13. After FXR left the Premises and ceased all work under the Agreement, Plaintiff 9 needed to find an alternate contractor to finish the unfinished construction on the Premises. 10 14. Plaintiff was unable to contact FXR after FXR ceased all work under the 11 Agreement and stopped answering Plaintiff’s phone calls. 12 15. At the time FXR ceased all work and no longer answered phone calls, FXR 13 retained property and cash that rightfully belonged to Plaintiff. Plaintiff ordered construction 14 pieces from vendors which FXR picked up on Plaintiff’s behalf and retained after ceasing all 15 work. Plaintiff provided cash to FXR to purchase certain other construction items on Plaintiff’s 16 behalf, FXR has failed to either provide the construction item or return the cash. FXR took certain 17 items from the Premises under the guise that he would machine the items at his shop, FXR has 18 failed to return said items. 19 16. Counsel for Plaintiff wrote a letter to FXR demanding the return of the personal 20 property and addressed that FXR had abandoned the job site. 21 17. FXR failed to respond to the letter within a reasonable time, forcing Plaintiff to 22 hire new contractors to continue work on the project. 23 FIRST CAUSE OF ACTION 24 BREACH OF CONTRACT- FAILURE TO COMPLETE WORK 25 18. Plaintiff realleges and incorporates each and every paragraph of this Complaint as 26 though fully set forth herein. 27 19. Plaintiff fully performed all of its required obligations under the Agreement which 28 were otherwise not waived or excused. -3- PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC. 1 20. Pursuant to the written Agreement, FXR agreed to construct certain home 2 improvements subject to various terms and conditions. 3 21. FXR breached the written Agreement by failing to perform the contract in a 4 reasonable time; failing to continue the construction as outlined in the Agreement; and by 5 abandoning the job site entirely and cutting off contact from Plaintiff. 6 22. As a proximate cause of FXR’s breach of the Agreement, Plaintiff has suffered 7 damage in an amount to be shown according to proof at trial, including but not limited to the cost 8 of needing to hire an additional contractor to continue construction on the Premises; lost use of 9 the Premises; and various incidental and consequential damages caused by FXR’s abandonment 10 and failure to perform work in a timely manner. 11 WHEREFORE, Plaintiff prays for judgment as set forth below. 12 SECOND CAUSE OF ACTION 13 CONVERSION 14 23. Plaintiff realleges and incorporates each and every paragraph of this Complaint as 15 though fully set forth herein. 16 24. Plaintiff had a right to possession of certain personal property Plaintiff purchased 17 or otherwise. 18 25. Based upon information and belief, Defendant wrongfully retained personal 19 property belonging to Plaintiff. 20 26. Plaintiff has suffered the loss of his personal property due to Defendant’s wrongful 21 retention. 22 27. As a proximate cause of the above-alleged wrongful acts, Plaintiff has been 23 damaged in an amount to be determined at trial. 24 WHEREFORE, Plaintiff prays for judgment as set forth below. 25 THIRD CAUSE OF ACTION 26 UNJUST ENRICHMENT 27 28. Plaintiff realleges and incorporates each and every paragraph of this Complaint as 28 though fully set forth herein. -4- PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC. 1 29. Plaintiff made payments to FXR under the Agreement. FXR, however, failed to 2 perform certain home improvements when FXR abandoned the job siter, in breach of the 3 Agreement and of the various conditions and warranties therein, and in violation of laws, rules, 4 and regulations. Consequently, FXR would be unjustly enriched if it retained these payments. 5 30. As a proximate cause of FXR’s unjust enrichment, Plaintiff has been damaged in 6 an amount to be determined at trial. 7 WHEREFORE, Plaintiff prays for judgment as set forth below. 8 FOURTH CAUSE OF ACTION 9 OPEN BOOK ACCOUNT 10 31. Plaintiff realleges and incorporates each and every paragraph of this Complaint as 11 though fully set forth herein. 12 32. Plaintiff entered into a financial transaction with both FXR, namely Agreement. 13 33. Plaintiff regularly kept a written record of the account of the debits and credits 14 involved in both the Agreement. 15 34. FXR owes Plaintiff money on its account due to its breaches of the financial 16 transactions. 17 35. As a proximate cause of the open book accounts, Plaintiff has been damaged in an 18 amount to be determined at trial. 19 WHEREFORE, Plaintiff prays for judgment as set forth below. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -5- PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully submits that the onorable Court should: For compensatory, punitive, and restitutionary damages in an amount to be determined at trial; For interest on the principal amount due either pursuant to the Contract or applicable law; For attorney’s fees pursuant to Civil Code section 1717.5; or costs of suit incurred herein For such other and further relief as the Court may deem just and proper. Date: April STRUCTURE LAW GROUP, LLP Austin T. Jackson, Esq. Karen Rothschild Attorneys Plaintiff JESUN MANUEL DEMAND FOR A JURY TRIAL Plaintiff hereby demands a jury trial with respect to all issues triable by jury. Date: April 18, 2024 STRUCTURE LAW GROUP, LLP By: Austin T. Jackson, Esq. Karen Rothschild Attorneys Plaintiff JESUN MANUEL PLAINTIFF JESUN MANUEL’S COMPLAINT AGAINST FXR CONSTRUCTION, INC.