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GARRY L. MONTANARI, State Bar No. 89790
JAMES I. MICHAELIS, State Bar No. 38387
MICHAELIS, MONTANARI & JOHNSON, P.C.
4333 Park Terrace Dr. #100
Westlake Village, CA 91361
Telephone No.: (818) 865-0444
E-FILED
3/18/2020 3:31 PM
Clerk of Court
Superior Court of CA,
County of Santa Clara
20CV365776
Reviewed By: Y. Chavez
Attorneys for Plaintiff, GLOBAL AEROSPACE, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
GLOBAL AEROSPACE, INC., ) Case No.:200V365776
)
Plaintiff, )
) COMPLAINT FOR PROPERTY
vs, ) DAMAGE, NEGLIGENCE,
) NEGLIGENT ENTRUSTMENT,
SIGNATURE FLIGHT SERVICE ) BREACH OF BAILMENT
CORPORATION, ROBERT HIGUERA, )
and DOES 1-20, inclusive, ) [DEMAND FOR JURY TRIAL]
)
Defendants. )
)
Plaintiff GLOBAL AEROSPACE, INC. alleges:
JURISDICTION AND VENUE
IE This Court is vested with jurisdiction over this matter pursuant to Article VI, Section
5, of the California Constitution, as this is an action for damages in which the amount in controversy
is in excess of $25,000.
2. Venue in this Court is proper pursuant to Code of Civil Procedure section 395, ag
defendant SIGNATURE FLIGHT SERVICE CORPORATION (“SIGNATURE FLIGHT
SERVICE”) owns and operates a business within the County of Santa Clara, State of California; and
Code of Civil Procedure section 393, as all causes of action arose in the County of Santa Clara, State
of California, in that the acts and omissions of negligence, negligent entrustment, and breach of
bailment occurred in the County of Santa Clara, and the incident resulting therefrom occurred in the
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIALCounty of Santa Clara.
GENERAL ALLEGATIONS
2. Atall times herein mentioned, plaintiff GLOBAL AEROSPACE, INC. (“GLOBAL”)
was a Delaware corporation, with its principal offices in New Jersey, which provides underwriting,
claims handling and administrative services to various independent insurance companies that
provided aviation insurance to PFIZER, INC. (hereinafter “the insured”) through Global Aerospace
Underwriters, a joint underwriting association. GLOBAL is licensed to do business in the State of
California.
4. Plaintiffis informed and believes and thereon alleges that all times herein mentioned,
defendant SIGNATURE FLIGHT SERVICE was a corporation organized in accordance with the
laws of the State of Delaware; was authorized to do business in the County of Santa Clara, State of
California; and was a fixed base operator in the City of San Jose, California,
5. Atall times herein mentioned, defendant ROBERT HIGUERA (“HIGUERA”) was
an employee of defendant SIGNATURE FLIGHT SERVICE and was the driver and operator of the
lavatory service cart referred to below. It was the duty and responsibility of defendant HIGUERA
to operate the cart in a careful manner so as to avoid causing damage to the aircraft referred to below.
Defendant HIGUERA operated the cart in a negligent manner. Plaintiffis informed and believes and
thereon alleges that defendant HIGUERA was at all times mentioned acting within the course and
scope of his employment, was legally responsible for the incident described below, and proximately
caused the damage to the aircraft as alleged below.
6. The true names and capacities, whether individual, corporate, associate, or otherwise
of defendants DOES 1-20, inclusive, are unknown to plaintiff, who therefore sues said defendants
by fictitious names. Plaintiff will ask leave of court to amend the complaint to show their true names
and capacities when the same have been ascertained. Plaintiff is informed and believes and thereon
alleges that each defendant is the agent of all other defendants, and each of them, and at all times
mentioned herein were acting within the course and scope of said agency, and were legally
responsible for the occurrences set forth herein, and proximately caused the damage to plaintiff as
herein alleged.
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIAL.oo
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7. At Norman Y, Mineta International Airport located in the County of Santa Clara and
the City of San Jose (“the airport”), defendant SIGNATURE FLIGHT SERVICE provided, among
other services, ramp parking, refueling of aircraft and servicing of aircraft lavatories. Defendant
SIGNATURE FLIGHT SERVICE owned and operated lavatory service carts and employed and
trained employees to operate such carts to service aircraft for payment,
FIRST CAUSE OF ACTION - NEGLIGENCE
(Against all defendants and DOES 1-10)
8. Plaintiff hereby incorporates by reference and realleges paragraphs 1 through 7,
above, as though fully set forth herein.
9. Atall times herein mentioned, the insured was the operator ofa twin-engine business
jet aircraft manufactured by Gulfstream Aerospace in 2012, model G650ER, serial number 6039,
bearing Federal Aviation Administration registration number N4CP (“the aircraft”),
0. Plaintiff issued a policy of aviation insurance to the insured that included physical
damage coverage with a limit of $57,922,055. The insured complied with all terms and conditions
of the policy.
1. OnSeptember 22, 2017, shortly before 1:30 p.m., the aircraft landed at the airport and
taxied to the facilities of defendant SIGNATURE FLIGHT SERVICE for ramp parking and
servicing including refueling and servicing of the aircraft lavatory. Defendant SIGNATURE
FLIGHT SERVICE provided such services for a ramp parking fee of $675 and a handling fee of
$1,190.00 that was included in the fueling charge if fuel was purchased above a certain minimum.
2. All Gulfstream aircraft i the same general flap system. SIGNATURE FLIGHT
SERVICE routinely services all models of Gulfstream aircraft and has detailed knowledge of safe
ground handling and servicing procedures for Gulfstream aircraft.
3. At the time of the incident, the aircraft was parked and the landing gear wheels were
chocked,
4, The insured was required by Gulfstream Aerospace to conduct flap roller inspection
after each flight. This required lowering the flaps to the full extent of 39 degrees, For the first 10
degrees, the flaps move aft horizontally. Then the flaps move downward until fully extended, Flap
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIALtravel to 39 degrees takes approximately one (1) minute and twenty-two (22) seconds.
St The aircraft crew cleared the area underneath the flaps and began lowering both flaps.
The right inboard flap impacted the lavatory cart that defendant HIGUERA had negligently
positioned directly underneath the flap and failed to move in the nearly one (1) minute and twenty-
two (22) seconds the flap was moving. Defendants knew or should have known not to position the
lavatory cart directly below a movable aircraft control surface and there was no need to do so given
the cart includes a flexible, extended length drain hose. These negligent acts and omissions of
defendants and each of them caused substantial damage to the aircraft inside trailing edge of the right
inboard flap.
16. Plaintiff is informed and believes, and based thereon, alleges at all times herein
relevant, defendant SIGNATURE FLIGHT SERVICE had written Standard Safety Procedures
(SSPs”) for aircraft servicing in order to ensure high safety standards,
17. Defendant SIGNATURE FLIGHT SERVICE SSP No. 113, entitled “AIRCRAFT
APPROACH PROCEDURES”, states: “Employee shall not approach an aircraft until it has come
to a complete stop . . . and the anti-collision lights (red or white beacons, depending on the aircraft
type) have been turned off. Always be alert for hazardous situations when approaching and/or
working in close proximity to any aircraft, Never approach any aircraft if you are unsure if it
is safe to proceed.”
18. SIGNATURE FLIGHT SERVICE SSP No. 115 entitled “PARKING OF RAMP
VEHICLES” states, in pertinent part:
“This list of vehicles must . . . be chocked on the right rear wheel:
... lavatory trucks .. . Aircraft servicing vehicles and/or equipment
shall not be parked or operated within 10 feet of any aircraft surface
or pointed in the direction of any aircraft unless required to service
the aircraft . . . Chocks for all other GSE equipment must be a
minimum of 4 inches in height and the width of 1 tire. Vehicle chocks
shall be placed in front of and behind the right rear wheel of the
vehicle/equipment.”
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIAL19, Defendant HIGUERA violated SSPs including but not limited to approaching and/or
working in close proximity to the aircraft so as to create a hazardous situation, parking the lavatory
cart within five (5) feet of the aircraft and pointed directly at the aircraft and failing to chock the right
rear wheel of the lavatory cart. These acts and omissions of defendant HIGUERA were committed
in the course and scope of his employment with defendant SIGNATURE FLIGHT SERVICE.
20. Defendants, and each of them, so negligently and carelessly trained, entrusted,
supervised, operated, maintained, positioned, and secured the lavatory servicing equipment so as to
cause damage to the aircraft and its component parts.
21. The insured had the aircraft damage repaired by the manufacturer, Gulfstream
Aerospace. Pursuant to the terms and conditions of the policy, the insured tendered a physical
damage claim to plaintiff in the amount of $549,566.12 which was paid by plaintiff on or about
September 22, 2017.
22. Under the policy, plaintiffis subrogated to all of the rights and interests of the insured
for the damage to the aircraft to the extent of $549,556.12 plus interest at the legal rate of ten percent
(10%) per annum from September 22, 2017.
23. As a proximate result of the acts and omissions of defendants, and each of them,
plaintiff seeks the reimbursement of the money paid to repair the aircraft in the sum of $549,556.12
plus interest and has been subrogated to that amount.
SECOND CAUSE OF ACTION- NEGLIGENT ENTRUSTMENT
(Against Defendant SIGNATURE FLIGHT SERVICE CORPORATION and DOES 1-10)
24. laintiff hereby incorporates by reference and realleges paragraphs 1-23, above, as
though fully set forth herein.
25. Defendant SIGNATURE FLIGHT SERVICE hired and/or retained defendant
HIGUERA with actual or constructive knowledge that defendant HIGUERA was unqualified, unfit,
and untrained for servicing aircraft yet with such knowledge entrusted the lavatory servicing
equipment to HIGUERA. Defendant SIGNATURE FLIGHT SERVICE knew, or had reason to
know, that defendant HIGUERA’s use of the lavatory servicing equipment created an unreasonable
tisk of harm to persons and property including the aircraft.
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIALoo
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26. As a result of the acts and omissions of defendants, and each of them, plaintiff's
insured sustained damage to their aircraft in the amount of $549,556.12, plus interest at the legal rate
of ten percent (10%) per annum from September 22, 2017.
THIRD CAUSE OF ACTION- BREACH OF BAILMENT
(Against All Defendants and DOES 1-10)
27. Plaintiff hereby incorporates and realleges paragraphs 1-26 as though fully set forth
herein.
28. On or about September 22, 2017, the insured delivered the aircraft to defendant
SIGNATURE FLIGHT SERVICE for the purpose of ramp parking, refueling and servicing of the
aircraft including the lavatory.
29. Defendant SIGNATURE FLIGHT SERVICE charged the insured a ramp fee and
handling charge for servicing the aircraft including the lavatory.
30. Defendant SIGNATURE FLIGHT SERVICE had a duty to exercise due care with
respect to the subject aircraft and failed to return the aircraft to the insured.
31. Asaproximate result of the negligent acts and omissions of defendants, and each of
them, plaintiffs insured sustained damage to their aircraft in the amount of $549,556.12, plus
interest at the legal rate of ten percent (10%) per annum from September 22, 2017.
WHEREFORE, plaintiff prays for judgment against defendants, and each of them, as follows:
i For compensatory damages in the amount of $549,556.12;
2. For prejudgment interest at the maximum rate allowed by law pursuant to California
Civil Code section 3287(a);
3. For all expenses and damages that proximately resulted from the subject incident;
4. For costs of suit; and
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIALnv
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5. For such other further relief as to the Court may deem proper.
Dated: March 18, 2020
NA18504\pld\p-complaint. 1. wpd
MICHAELIS, MONTANARI & JOHNSON
by: Syed, Apitlienew
" GARRY J. MONTANARI
Attorneys for Plaintiff,
GLOBAL AEROSPACE, INC.
COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSIMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIALeo oe ND
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable.
Dated: March 18, 2020 MICHAELIS, MONTANARI & JOHNSON
Attorfeys for Plaintiff,
GLOBAL AEROSPACE, INC.
NA18504\pld\p-complaint.1.wpd
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COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND
DEMAND FOR JURY TRIAL
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GARRY L. MONTANARI, State Bar No. 89790 JAMES I. MICHAELIS, State Bar No. 38387 MICHAELIS, MONTANARI & JOHNSON, P.C. 4333 Park Terrace Dr. #100 Westlake Village, CA 91361 Telephone No.: (818) 865-0444 E-FILED 3/18/2020 3:31 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV365776 Reviewed By: Y. Chavez Attorneys for Plaintiff, GLOBAL AEROSPACE, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA GLOBAL AEROSPACE, INC., ) Case No.:200V365776 ) Plaintiff, ) ) COMPLAINT FOR PROPERTY vs, ) DAMAGE, NEGLIGENCE, ) NEGLIGENT ENTRUSTMENT, SIGNATURE FLIGHT SERVICE ) BREACH OF BAILMENT CORPORATION, ROBERT HIGUERA, ) and DOES 1-20, inclusive, ) [DEMAND FOR JURY TRIAL] ) Defendants. ) ) Plaintiff GLOBAL AEROSPACE, INC. alleges: JURISDICTION AND VENUE IE This Court is vested with jurisdiction over this matter pursuant to Article VI, Section 5, of the California Constitution, as this is an action for damages in which the amount in controversy is in excess of $25,000. 2. Venue in this Court is proper pursuant to Code of Civil Procedure section 395, ag defendant SIGNATURE FLIGHT SERVICE CORPORATION (“SIGNATURE FLIGHT SERVICE”) owns and operates a business within the County of Santa Clara, State of California; and Code of Civil Procedure section 393, as all causes of action arose in the County of Santa Clara, State of California, in that the acts and omissions of negligence, negligent entrustment, and breach of bailment occurred in the County of Santa Clara, and the incident resulting therefrom occurred in the 1 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIALCounty of Santa Clara. GENERAL ALLEGATIONS 2. Atall times herein mentioned, plaintiff GLOBAL AEROSPACE, INC. (“GLOBAL”) was a Delaware corporation, with its principal offices in New Jersey, which provides underwriting, claims handling and administrative services to various independent insurance companies that provided aviation insurance to PFIZER, INC. (hereinafter “the insured”) through Global Aerospace Underwriters, a joint underwriting association. GLOBAL is licensed to do business in the State of California. 4. Plaintiffis informed and believes and thereon alleges that all times herein mentioned, defendant SIGNATURE FLIGHT SERVICE was a corporation organized in accordance with the laws of the State of Delaware; was authorized to do business in the County of Santa Clara, State of California; and was a fixed base operator in the City of San Jose, California, 5. Atall times herein mentioned, defendant ROBERT HIGUERA (“HIGUERA”) was an employee of defendant SIGNATURE FLIGHT SERVICE and was the driver and operator of the lavatory service cart referred to below. It was the duty and responsibility of defendant HIGUERA to operate the cart in a careful manner so as to avoid causing damage to the aircraft referred to below. Defendant HIGUERA operated the cart in a negligent manner. Plaintiffis informed and believes and thereon alleges that defendant HIGUERA was at all times mentioned acting within the course and scope of his employment, was legally responsible for the incident described below, and proximately caused the damage to the aircraft as alleged below. 6. The true names and capacities, whether individual, corporate, associate, or otherwise of defendants DOES 1-20, inclusive, are unknown to plaintiff, who therefore sues said defendants by fictitious names. Plaintiff will ask leave of court to amend the complaint to show their true names and capacities when the same have been ascertained. Plaintiff is informed and believes and thereon alleges that each defendant is the agent of all other defendants, and each of them, and at all times mentioned herein were acting within the course and scope of said agency, and were legally responsible for the occurrences set forth herein, and proximately caused the damage to plaintiff as herein alleged. 2 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIAL.oo cc) 7. At Norman Y, Mineta International Airport located in the County of Santa Clara and the City of San Jose (“the airport”), defendant SIGNATURE FLIGHT SERVICE provided, among other services, ramp parking, refueling of aircraft and servicing of aircraft lavatories. Defendant SIGNATURE FLIGHT SERVICE owned and operated lavatory service carts and employed and trained employees to operate such carts to service aircraft for payment, FIRST CAUSE OF ACTION - NEGLIGENCE (Against all defendants and DOES 1-10) 8. Plaintiff hereby incorporates by reference and realleges paragraphs 1 through 7, above, as though fully set forth herein. 9. Atall times herein mentioned, the insured was the operator ofa twin-engine business jet aircraft manufactured by Gulfstream Aerospace in 2012, model G650ER, serial number 6039, bearing Federal Aviation Administration registration number N4CP (“the aircraft”), 0. Plaintiff issued a policy of aviation insurance to the insured that included physical damage coverage with a limit of $57,922,055. The insured complied with all terms and conditions of the policy. 1. OnSeptember 22, 2017, shortly before 1:30 p.m., the aircraft landed at the airport and taxied to the facilities of defendant SIGNATURE FLIGHT SERVICE for ramp parking and servicing including refueling and servicing of the aircraft lavatory. Defendant SIGNATURE FLIGHT SERVICE provided such services for a ramp parking fee of $675 and a handling fee of $1,190.00 that was included in the fueling charge if fuel was purchased above a certain minimum. 2. All Gulfstream aircraft i the same general flap system. SIGNATURE FLIGHT SERVICE routinely services all models of Gulfstream aircraft and has detailed knowledge of safe ground handling and servicing procedures for Gulfstream aircraft. 3. At the time of the incident, the aircraft was parked and the landing gear wheels were chocked, 4, The insured was required by Gulfstream Aerospace to conduct flap roller inspection after each flight. This required lowering the flaps to the full extent of 39 degrees, For the first 10 degrees, the flaps move aft horizontally. Then the flaps move downward until fully extended, Flap 3 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIALtravel to 39 degrees takes approximately one (1) minute and twenty-two (22) seconds. St The aircraft crew cleared the area underneath the flaps and began lowering both flaps. The right inboard flap impacted the lavatory cart that defendant HIGUERA had negligently positioned directly underneath the flap and failed to move in the nearly one (1) minute and twenty- two (22) seconds the flap was moving. Defendants knew or should have known not to position the lavatory cart directly below a movable aircraft control surface and there was no need to do so given the cart includes a flexible, extended length drain hose. These negligent acts and omissions of defendants and each of them caused substantial damage to the aircraft inside trailing edge of the right inboard flap. 16. Plaintiff is informed and believes, and based thereon, alleges at all times herein relevant, defendant SIGNATURE FLIGHT SERVICE had written Standard Safety Procedures (SSPs”) for aircraft servicing in order to ensure high safety standards, 17. Defendant SIGNATURE FLIGHT SERVICE SSP No. 113, entitled “AIRCRAFT APPROACH PROCEDURES”, states: “Employee shall not approach an aircraft until it has come to a complete stop . . . and the anti-collision lights (red or white beacons, depending on the aircraft type) have been turned off. Always be alert for hazardous situations when approaching and/or working in close proximity to any aircraft, Never approach any aircraft if you are unsure if it is safe to proceed.” 18. SIGNATURE FLIGHT SERVICE SSP No. 115 entitled “PARKING OF RAMP VEHICLES” states, in pertinent part: “This list of vehicles must . . . be chocked on the right rear wheel: ... lavatory trucks .. . Aircraft servicing vehicles and/or equipment shall not be parked or operated within 10 feet of any aircraft surface or pointed in the direction of any aircraft unless required to service the aircraft . . . Chocks for all other GSE equipment must be a minimum of 4 inches in height and the width of 1 tire. Vehicle chocks shall be placed in front of and behind the right rear wheel of the vehicle/equipment.” 4 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIAL19, Defendant HIGUERA violated SSPs including but not limited to approaching and/or working in close proximity to the aircraft so as to create a hazardous situation, parking the lavatory cart within five (5) feet of the aircraft and pointed directly at the aircraft and failing to chock the right rear wheel of the lavatory cart. These acts and omissions of defendant HIGUERA were committed in the course and scope of his employment with defendant SIGNATURE FLIGHT SERVICE. 20. Defendants, and each of them, so negligently and carelessly trained, entrusted, supervised, operated, maintained, positioned, and secured the lavatory servicing equipment so as to cause damage to the aircraft and its component parts. 21. The insured had the aircraft damage repaired by the manufacturer, Gulfstream Aerospace. Pursuant to the terms and conditions of the policy, the insured tendered a physical damage claim to plaintiff in the amount of $549,566.12 which was paid by plaintiff on or about September 22, 2017. 22. Under the policy, plaintiffis subrogated to all of the rights and interests of the insured for the damage to the aircraft to the extent of $549,556.12 plus interest at the legal rate of ten percent (10%) per annum from September 22, 2017. 23. As a proximate result of the acts and omissions of defendants, and each of them, plaintiff seeks the reimbursement of the money paid to repair the aircraft in the sum of $549,556.12 plus interest and has been subrogated to that amount. SECOND CAUSE OF ACTION- NEGLIGENT ENTRUSTMENT (Against Defendant SIGNATURE FLIGHT SERVICE CORPORATION and DOES 1-10) 24. laintiff hereby incorporates by reference and realleges paragraphs 1-23, above, as though fully set forth herein. 25. Defendant SIGNATURE FLIGHT SERVICE hired and/or retained defendant HIGUERA with actual or constructive knowledge that defendant HIGUERA was unqualified, unfit, and untrained for servicing aircraft yet with such knowledge entrusted the lavatory servicing equipment to HIGUERA. Defendant SIGNATURE FLIGHT SERVICE knew, or had reason to know, that defendant HIGUERA’s use of the lavatory servicing equipment created an unreasonable tisk of harm to persons and property including the aircraft. 5 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIALoo oa on a © 20 21 22 23 24 25 26 27 28 26. As a result of the acts and omissions of defendants, and each of them, plaintiff's insured sustained damage to their aircraft in the amount of $549,556.12, plus interest at the legal rate of ten percent (10%) per annum from September 22, 2017. THIRD CAUSE OF ACTION- BREACH OF BAILMENT (Against All Defendants and DOES 1-10) 27. Plaintiff hereby incorporates and realleges paragraphs 1-26 as though fully set forth herein. 28. On or about September 22, 2017, the insured delivered the aircraft to defendant SIGNATURE FLIGHT SERVICE for the purpose of ramp parking, refueling and servicing of the aircraft including the lavatory. 29. Defendant SIGNATURE FLIGHT SERVICE charged the insured a ramp fee and handling charge for servicing the aircraft including the lavatory. 30. Defendant SIGNATURE FLIGHT SERVICE had a duty to exercise due care with respect to the subject aircraft and failed to return the aircraft to the insured. 31. Asaproximate result of the negligent acts and omissions of defendants, and each of them, plaintiffs insured sustained damage to their aircraft in the amount of $549,556.12, plus interest at the legal rate of ten percent (10%) per annum from September 22, 2017. WHEREFORE, plaintiff prays for judgment against defendants, and each of them, as follows: i For compensatory damages in the amount of $549,556.12; 2. For prejudgment interest at the maximum rate allowed by law pursuant to California Civil Code section 3287(a); 3. For all expenses and damages that proximately resulted from the subject incident; 4. For costs of suit; and Hf Hf Hf Hi] 6 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIALnv aa 5. For such other further relief as to the Court may deem proper. Dated: March 18, 2020 NA18504\pld\p-complaint. 1. wpd MICHAELIS, MONTANARI & JOHNSON by: Syed, Apitlienew " GARRY J. MONTANARI Attorneys for Plaintiff, GLOBAL AEROSPACE, INC. COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSIMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIALeo oe ND 20 21 2 %3 24 25 26 2. 28 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all issues so triable. Dated: March 18, 2020 MICHAELIS, MONTANARI & JOHNSON Attorfeys for Plaintiff, GLOBAL AEROSPACE, INC. NA18504\pld\p-complaint.1.wpd 8 COMPLAINT FOR PROPERTY DAMAGE, NEGLIGENCE, NEGLIGENT ENTRUSTMENT, BREACH OF BAILMENT, AND DEMAND FOR JURY TRIAL