On September 28, 2021 a
Complaint,Petition
was filed
involving a dispute between
Aisha Pachhi,
Ali Noorian,
Amalan Mariadasan,
Amy Dorsa,
Andrew Thomas,
Anne Thomas,
Annette Watts,
Ashourina Kooktapeh,
Athena M Hagerty,
Careen Caputo,
Carla Flores,
Carmen M Colon,
Casey Ryan Ortiz,
Charles Wesley Merrifield,
Daniel Alan Barnes,
Diana Hagerty,
Diana Speraw,
Drew Coleman,
Dung Huynh,
Elida C Marquez,
Elizabeth A Silva,
Elvin Walker,
Enrigue Lopez,
Erin Stiver,
Esteban Ayala Ortiz,
Eun Walker,
Frances H. Trapp,
Gabriel A. Felten,
Gillian E. Felten,
Giovanna Rodriguez Uribe,
Glen Edward Shelton,
Gregory D Reilly,
Hal Louis Grotke,
Harold Lehman,
Helen Jones,
Hilary Houpt, Trustee Of The Hilary Houpt Trust Dated December 18, 2009,
Hyo Sil Martinez,
Hyun Jung Park,
Ilona E Bate,
Jacob Flores,
James Kelley,
James R Bate,
James T Hill,
Janet D. Clapp, Trustee Of The Janet Clapp Family Trust, Udt Dated August 21, 2008,
Jared Stiver,
Jay Adeff,
Jennifer Hooker,
Jerrold D. Speraw,
Jessica Davis,
Jonathan Crow,
Joshua J Cole,
Kadidia Cooper,
Kaitlyn J Mason,
Kim-Vinh Le,
Leonard Caputo,
Leonardo T Martinez,
Lisa G Reilly,
Margaret Tobin,
Maria A Gurrola,
Maria Chen,
Matthew Garr,
Megan R. Starks,
Melanie L. Mcnulty, Trustee Of The Melanie Mcnulty Trust Dated May 28, 2009,
Melissa Nowak,
Michael G Volis,
Mitsuyo Kohama,
Monica Brook Barnes,
Nathan Davis,
Nathan Randall,
Patrick Hooker,
Pavel Kozlov,
Peter Park,
Philip M. Sakakihara , Trustee & Barbara R. Sakakihara, Trustees Of The Sakakihara Family Trust Dated November 25, 1992,
Rachel R Oshiro,
Rebecca D Warren,
Robert Reese Boshears,
Ronald Gledhill,
Rosalinda Lopez,
Roy Ysias Estrada,
Sandra S Shreve,
Serena Martinez-Coleman,
Shane David Tyler,
Sharon Lynn Joseph, Trustee Of The 2017 Sharon Lynn Joseph Revocable Living Trust Dated October 19, 2017,
Stanley Oshiro,
Tamrynn Clegg,
Terrence K. & Rosalyn R. Trapp, Trustees Of The Trt Trust Dated August 2, 2000,
Thomas Adam Lambre,
Thong H. Le,
Timothy Alan Shreve,
Toan Tran,
Tony L Gurrola,
To Trinh,
William Sharp,
Yasaman Noorian,
Yuliya Kozlova,
Zarina Oshiro,
and
Benchmark Communities, Llc, A Delaware Limited Liability Company,
Bmc East Garrison, Llc, A Delaware Limited Liability Company,
Bmc Eg Bluffs, Llc, A Delaware Limited Liability Company,
Bmc Eg Bungalow, Llc, A Delaware Limited Liability Company,
Bmc Eg Courtyards, Llc, A Delaware Limited Liability Company,
Bmc Eg Garden, Llc, A Delaware Limited Liability Company,
Bmc Eg Grove, Llc, A Delaware Limited Liability Company,
Bmc Eg Village, Llc, A Delaware Limited Company,
for Construction Defect Unlimited (10)
in the District Court of Monterey County.
Preview
1 GARCIA | MARSALLI, LLP
3478 Buskirk Avenue, Suite 1000
2 Pleasant Hill, CA 94523
Phone: (925) 287-6488
3
Fax: (925) 287-6489
4 Israel E. Garcia, State Bar No. 216183
Jerod A. Marsalli, State Bar No. 217342
5
Attorneys for Plaintiffs,
6 Nathan & Jessica Davis, et al.
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF MONTEREY
9
10 NATHAN & JESSICA DAVIS; ALI & ) CASE NO.: 21CV003133
YASAMAN NOORIAN, KIM-VINH LE; )
11
AMALAN MARIADASAN & AISHA )
PACHHI; AMY DORSA & WILLIAM SHARP; ) FIRST AMENDED COMPLAINT FOR
12
3478 Buskirk Avenue, Suite 1000
DAMAGES:
GARCIA | MARSALLI, LLP
ANNETTE WATTS; ATHENA M. & DIANA )
Pleasant Hill, CA 94523
13 HAGERTY; CASEY RYAN ORTIZ & ) 1. STRICT PRODUCTS LIABILITY
TAMRYNN CLEGG; CHARLES WESLEY ) 2. STRICT PRODUCTS LIABILITY
14 MERRIFIELD & REBECCA D. WARREN; ) (COMPONENT PRODUCTS)
DANIEL ALAN & MONICA BROOK ) 3. BREACH OF IMPLIED WARRANTY
15 (MERCHANTABILITY)
BARNES; DREW COLEMAN & SERENA )
MARTINEZ-COLEMAN; DUNG HUYNH; ) 4. BREACH OF CONTRACT
16 5. NEGLIGENCE
ELIDA C. MARQUEZ; ELVIN WALKER & )
6. BREACH OF EXPRESS WARRANTY
17 JAY ADEFF; GREGORY D. & LISA G. ) 7. VIOLATION OF BUILDING STANDARDS
REILLY; HAL LOUIS GROTKE; HAROLD ) AS SET FORTH IN CALIFORNIA CIVIL
18 LEHMAN; HILARY HOUPT, TRUSTEE OF ) CODE §895, ET SEQ.
19 THE HILARY HOUPT TRUST; JAMES )
KELLEY; JAMES T. HILL; JARED & ERIN )
20 STIVER; JOSHUA J. COLE & ELIZABETH A. )
SILVA; KADIDIA COOPER & JONATHAN )
21 CROW; KAITLYN J. MASON & ESTEBAN )
AYALA ORTIZ; LEONARD & CAREEN )
22 CAPUTO; LEONARDO T. & HYO SIL )
23 MARTINEZ; MARIA A. & TONY L. )
GURROLA; MATTHEW GARR; MELANIE L. )
24 MCNULTY, TRUSTEE OF THE MELANIE )
MCNULTY TRUST; MELISSA NOWAK; )
25 MICHAEL G. VOLIS; MITSUYO KOHAMA & )
GLEN EDWARD SHELTON; NATHAN )
26 RANDALL; PATRICK & JENNIFER )
27 HOOKER; PAVEL KOZLOV & YULIYA )
KOZLOVA; PETER & HYUN JUNG PARK; )
28 PHILIP & BARBARA SAKAKIHARA, )
1
FIRST AMENDED COMPLAINT FOR DAMAGES
TRUSTEES OF THE SAKAKIHARA FAMILY
1 TRUST; ROBERT REESE BOSHEARS, SR. &
GIOVANNA RODRIGUEZ URIBE; RONALD )
2 )
GLEDHILL & HELEN JONES; ROY YSIAS )
3 ESTRADA & CARMEN M. COLON; SHANE )
DAVID TYLER & MARGARET TOBIN; )
4 SHARON L. JOSEPH, TRUSTEE OF THE 2017 )
SHARON L. JOSEPH REVOCABLE LIVING )
5 TRUST; THOMAS ADAM LAMBRE & EUN )
WALKER; TIMOTHY ALAN & SANDRA S. )
6 )
SHREVE; TOAN TRAN; ZARINA OSHIRO, )
7 STANLEY OSHIRO & RACHEL R. OSHIRO; )
JAMES R. & ILONA E. BATE; JAMES R. & )
8 ILONA E. BATE; JERROLD D. & DIANA )
SPERAW; THONG H. LE & TO TRINH; )
9 JACOB & CARLA FLORES; ENRIGUE & )
)
10 ROSALINDA LOPEZ; TERRENCE K. & )
ROSALYN R. TRAPP, TRUSTEES OF THE )
11 TRT TRUST DATED AUGUST 2, 2000; )
FRANCES H. TRAPP; JANET D. CLAPP, )
12 TRUSTEE OF THE JANET CLAPP FAMILY )
3478 Buskirk Avenue, Suite 1000
GARCIA | MARSALLI, LLP
TRUST, UDT DATED AUGUST 21, 2008; )
Pleasant Hill, CA 94523
13 )
MARIA CHEN; MEGAN R. STARKS;
)
14 GABRIEL A. & GILLIAN E. FELTEN; )
ASHOURINA KOOKTAPEH; ANDREW & )
15 ANNE THOMAS, )
)
16 Plaintiffs, )
vs. )
17 )
)
18 BMC EAST GARRISON, LLC, a Delaware )
limited liability company; BMC EG BLUFFS, )
19 LLC, a Delaware limited liability company; )
BMC EG BUNGALOW, LLC, a Delaware )
20 limited liability company; BMC EG )
COURTYARDS, LLC, a Delaware limited )
21 )
liability company; BMC EG GARDEN, LLC, a )
22 Delaware limited liability company; BMC EG )
GROVE, LLC, a Delaware limited liability )
23 company; BMC EG VILLAGE, LLC, a )
Delaware limited company; BENCHMARK )
24 COMMUNITIES, LLC, a Delaware limited )
liability company; and DOES 1-1000, inclusive; )
25 )
)
26 Defendants. )
)
27 ///
28
///
2
FIRST AMENDED COMPLAINT FOR DAMAGES
Plaintiffs allege:
1
2 1. Plaintiffs are individuals residing in the County of Monterey, State of California.
3 2. The subjects of this action are the land with single family dwellings and other
4 improvements thereon, owned by Plaintiffs respectively, (hereinafter collectively referred to as the
5 “PROPERTY”) located in the County of Monterey, State of California, described as follows:
6
ORIGINAL OR
7 SUBSEQUENT
# OWNER NAMES PROPERTY ADDRESS PURCHASER
8 Nathan & Jessica Davis 18839 Sedgwick Lane, East SUBSEQUENT
1 Garrison, CA 93933 PURCHASER
9
Ali & Yasaman Noorian, Kim- 13402 Warren Avenue, East ORIGINAL
10 2 Vinh Le Garrison, CA 93933 PURCHASER
Amalan Mariadasan & Aisha 17710 Reynolds Street, Marina, CA ORIGINAL
11 3 Pachhi 93933 PURCHASER
Amy Dorsa & William Sharp 13154 Chamberlain Avenue, ORIGINAL
12
3478 Buskirk Avenue, Suite 1000
4 Marina, CA 93933 PURCHASER
GARCIA | MARSALLI, LLP
Pleasant Hill, CA 94523
13 Annette Watts 18950 Kilpatrick Lane, Marina, CA ORIGINAL
5 93933 PURCHASER
14 Athena M. & Diana Hagerty 14870 Kit Carson Drive, East ORIGINAL
6 Garrison, CA 93933 PURCHASER
15 Casey Ryan Ortiz & Tamrynn 17102 Morgan Street, Marina, CA ORIGINAL
7 Clegg 93933 PURCHASER
16
Charles Wesley Merrifield & 14874 Kit Carson Drive, Marina, ORIGINAL
17 8 Rebecca D. Warren CA 93933 PURCHASER
Daniel Alan & Monica Brook 16943 Mahone Street, Marina, CA ORIGINAL
18 9 Barnes 93933 PURCHASER
Drew Coleman & Serena 19127 Fallingwater Lane, Marina, ORIGINAL
19 10 Martinez-Coleman CA 93933 PURCHASER
20 Dung Huynh 21878 Ord Avenue, Marina, CA ORIGINAL
11 93933 PURCHASER
21 Elida C Marquez 14845 Kit Carson Street, Marina, ORIGINAL
12 CA 93933 PURCHASER
22 Elvin Walker & Jay Adeff 18974 Kilpatrick Lane, Marina, CA ORIGINAL
23 13 93933 PURCHASER
Gregory D. & Lisa G. Reilly 16906 Mahone Street, Marina, CA ORIGINAL
24 14 93933 PURCHASER
Hal Louis Grotke 14626 Lee Avenue, East Garrison, SUBSEQUENT
25 15 CA 93933 PURCHASER
Harold Lehman 18618 McClellan Circle, Marina, ORIGINAL
26
16 CA 93933 PURCHASER?
27 Hilary Houpt, Trustee of the 21874 Ord Avenue, Marina, CA ORIGINAL
17 Hilary Houpt Trust 93933 PURCHASER
28
3
FIRST AMENDED COMPLAINT FOR DAMAGES
James Kelley 16811 Wilcox Street, Marina, CA SUBSEQUENT
1 18 93933 PURCHASER
2 James T. Hill 15046 Breckinridge Avenue, East SUBSEQUENT
19 Garrison, CA 93933 PURCHASER
3 Jared & Erin Stiver 21890 Ord Avenue, Marina, CA ORIGINAL
20 93933 PURCHASER
4 Joshua J. Cole & Elizabeth A. 17031 Morgan Street, Marina, CA ORIGINAL
21 Silva 93933 PURCHASER
5
Kadidia Cooper & Jonathan 14942 Breckinridge Avenue, ORIGINAL
6 22 Crow Marina, CA 93933 PURCHASER
Kaitlyn J. Mason & Esteban 19006 Schofield Lane, Marina, CA ORIGINAL
7 23 Ayala Ortiz 93933 PURCHASER
Leonard & Careen Caputo 18143 Porter Street, Marina, CA ORIGINAL
8 24 93933 PURCHASER
9 Leonardo T. & Hyo Sil 17026 Morgan Street, Marina, CA ORIGINAL
25 Martinez 93933 PURCHASER
10 Maria A. & Tony L. Gurrola 19035 Schofield Lane, Marina, CA SUBSEQUENT
26 93933 PURCHASER
11 Matthew Garr 13514 Warren Avenue, Marina, CA ORIGINAL
27 93933 PURCHASER
12
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Melanie L. McNulty, Trustee of 14902 Breckinridge Avenue, ORIGINAL
GARCIA | MARSALLI, LLP
Pleasant Hill, CA 94523
13 28 the Melanie McNulty Trust Marina, CA 93933 PURCHASER
Melissa Nowak 18647 McClellan Circle, Marina, ORIGINAL
14 29 CA 93933 PURCHASER
Michael G. Volis 14311 Sherman Boulevard, East ORIGINAL
15
30 Garrison, CA 93933 PURCHASER
16 Mitsuyo Kohama & Glen 14717 Kit Carson Street, Marina, ORIGINAL
31 Edward Shelton CA 93933 PURCHASER
17 Nathan Randall 13021 Pope Lane, Marina, CA SUBSEQUENT
32 93933 PURCHASER
18 Patrick & Jennifer Hooker 14454 Lee Avenue, Marina, CA ORIGINAL
19 33 93933 PURCHASER
Pavel Kozlov & Yuliya Kozlova 19227 Coliseum Lane, Marina, CA ORIGINAL
20 34 93933 PURCHASER
Peter & Hyun Jung Park 17055 Morgan Street, Marina, CA ORIGINAL
21 35 93933 PURCHASER
Philip & Barbara Sakakihara, 18063 McDowell Street, Marina, ORIGINAL
22
Trustees of The Sakakihara CA 93933 PURCHASER
23 36 Family Trust
Robert Reese Boshears, Sr. & 14307 Sherman Boulevard, Marina, ORIGINAL
24 37 Giovanna Rodriguez Uribe CA 93933 PURCHASER
Ronald Gledhill & Helen Jones 21750 Ord Avenue, Marina, CA SUBSEQUENT
25 38 93933 PURCHASER
26 Roy Ysias Estrada & Carmen 19103 Fallingwater Lane, Marina, ORIGINAL
39 M. Colon CA 93933 PURCHASER
27 Shane David Tyler & Margaret 14303 Sherman Boulevard, Marina, ORIGINAL
40 Tobin CA 93933 PURCHASER
28
4
FIRST AMENDED COMPLAINT FOR DAMAGES
Sharon L. Joseph, Trustee of the 16815 Wilcox Street, Marina, CA SUBSEQUENT
1 2017 Sharon L. Joseph 93933 PURCHASER
2 41 Revocable Living Trust
Thomas Adam Lambre & Eun 14862 Kit Carson Drive, Marina, ORIGINAL
3 42 Walker CA 93933 PURCHASER
Timothy Alan & Sandra S. 17706 Reynolds Street, Marina, CA ORIGINAL
4 43 Shreve 93933 PURCHASER
Toan Tran 19122 Fallingwater Lane, Marina, ORIGINAL
5
44 CA 93933 PURCHASER
6 Zarina Oshiro, Stanley Oshiro & 18519 McClellan Circle, Marina, ORIGINAL
45 Rachel R. Oshiro CA 93933 PURCHASER
7 James R. & Ilona E. Bate 18586 McClellan Circle, East ORIGINAL
46 Garrison, CA 93933 PURCHASER
8 James R. & Ilona E. Bate 18414 McClellan Circle, East SUBSEQUENT
9 47 Garrison, CA 93933 PURCHASER
10 Jerrold D. & Diana Speraw 18055 Mcdowell Street, Marina, SUBSEQUENT
48 CA 93933 PURCHASER
11 Thong H. Le & To Trinh 17407 Logan Street, Marina, CA SUBSEQUENT
49 93933 PURCHASER
12
3478 Buskirk Avenue, Suite 1000
Jacob & Carla Flores 19223 Coliseum Lane, Marina, CA ORIGINAL
GARCIA | MARSALLI, LLP
Pleasant Hill, CA 94523
13 50 93933 PURCHASER
Enrigue & Rosalinda Lopez 17107 Morgan Street, Marina, CA SUBSEQUENT
14 51 93933 PURCHASER
Terrence K. & Rosalyn R. 18254 Caldwell Street, Marina, CA ORIGINAL
15
Trapp, Trustees of the TRT 93933 PURCHASER
16 52 Trust dated August 2, 2000.
Frances H. Trapp 18446 Mcclellan Circle, East ORIGINAL
17 53 Garrison, CA 93933 PURCHASER
Janet D. Clapp, Trustee of the 18439 Mcclellan Circle, ORIGINAL
18 Janet Clapp Family Trust, UDT East Garrison, CA 93933 PURCHASER
54 dated August 21, 2008
19
Maria Chen 14502 Lee Avenue, Marina, CA SUBSEQUENT
20 55 93933 PURCHASER
Megan R. Starks 16722 Pickett Lane, East Garrison, ORIGINAL
21 56 CA 93933 PURCHASER
Gabriel A. & Gillian E. Felten 18622 Mcclellan Circle, East SUBSEQUENT
22
57 Garrison, CA 93933 PURCHASER
23 Ashourina Kooktapeh 19026 Schofield Lane, Marina, CA ORIGINAL
58 93933 PURCHASER
24 Andrew & Anne Thomas 16511 Alexander Lane, East ORIGINAL
59 Garrison, CA 93933 PURCHASER
25
3. Plaintiffs are informed and believe and based thereon allege that at all times herein
26
mentioned and material hereto that Defendant BMC EAST GARRISON, LLC, a Delaware limited
27
28
5
FIRST AMENDED COMPLAINT FOR DAMAGES
1 liability company was the seller, developer, builder and/or general contractor of the PROPERTY and
2 the project(s) within which the PROPERTY is located.
3 4. Plaintiffs are informed and believe and based thereon allege that at all times herein
4 mentioned and material hereto that Defendant BMC EG BLUFFS, LLC, a Delaware limited liability
5 company was the seller, developer, builder and/or general contractor of the PROPERTY and the
6 project(s) within which the PROPERTY is located.
7 5. Plaintiffs are informed and believe and based thereon allege that at all times herein
8 mentioned and material hereto that Defendant BMC EG BUNGALOW, LLC, a Delaware limited
9 liability company was the seller, developer, builder and/or general contractor of the PROPERTY and
10 the project(s) within which the PROPERTY is located.
11 6. Plaintiffs are informed and believe and based thereon allege that at all times herein
12 mentioned and material hereto that Defendant BMC EG COURTYARDS, LLC, a Delaware limited
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13 liability company was the seller, developer, builder and/or general contractor of the PROPERTY and
14 the project(s) within which the PROPERTY is located.
15 7. Plaintiffs are informed and believe and based thereon allege that at all times herein
16 mentioned and material hereto that Defendant BMC EG GARDEN, LLC, a Delaware limited liability
17 company was the seller, developer, builder and/or general contractor of the PROPERTY and the
18 project(s) within which the PROPERTY is located.
19 8. Plaintiffs are informed and believe and based thereon allege that at all times herein
20 mentioned and material hereto that Defendant BMC EG GROVE, LLC, a Delaware limited liability
21 company was the seller, developer, builder and/or general contractor of the PROPERTY and the
22 project(s) within which the PROPERTY is located.
23 9. Plaintiffs are informed and believe and based thereon allege that at all times herein
24 mentioned and material hereto that Defendant BMC EG VILLAGE, LLC, a Delaware limited liability
25 company was the seller, developer, builder and/or general contractor of the PROPERTY and the
26 project(s) within which the PROPERTY is located.
27 10. Plaintiffs are informed and believe and based thereon allege that at all times herein
28 mentioned and material hereto that Defendant BENCHMARK COMMUNITIES, LLC, a Delaware
6
FIRST AMENDED COMPLAINT FOR DAMAGES
1 limited liability company was the seller, developer, builder and/or general contractor of the
2 PROPERTY and the project(s) within which the PROPERTY is located.
3 11. Plaintiffs are informed and believe and based thereon allege that, at all times herein
4 mentioned, each of the DEFENDANTS sued herein was the agent and employee of each of the
5 remaining DEFENDANTS and was at all times acting within the purpose and scope of such agency
6 and employment.
7 12. The names and capacities, whether individual, corporate, associate or otherwise of
8 certain developers, builders, general contractors, subcontractors and/or their alter egos sued herein as
9 DOES 1 through 100 inclusive, are presently unknown, and Plaintiffs will amend the Complaint to
10 insert the same when ascertained. Plaintiffs are informed and believe and based thereon allege that
11 each of these Defendants was a resident of said County and State and/or have principal offices or
12 were doing business in said County and State and were and are responsible in some way for the
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13 happenings and damages alleged in this complaint. Said Defendants, along with the Defendants
14 named above, will hereinafter be referred to as the “DEVELOPER DEFENDANTS.”
15 13. In order to build and construct said PROPERTY and project(s) the DEVELOPER
16 DEFENDANTS hired, retained, employed, or contracted for the services of certain persons or entities
17 to plan, design, and prepare drawings and specifications for the building of the PROPERTY and
18 project. The identities of said persons or entities, whether individual, corporate or otherwise, sued
19 herein as Does 101 through 200, are presently unknown to Plaintiffs who therefore sue such persons
20 by their fictitious names. Plaintiffs are informed and believe and thereon allege that said persons or
21 entities are wholly or in some part responsible for the occurrences set forth in the complaint. These
22 Defendants will hereinafter be referred to as the “DESIGN DEFENDANTS.”
23 14. In order to build and construct said project the DEVELOPER DEFENDANTS hired,
24 retained, employed, or contracted with persons or entities to provide for labor and materials in the
25 construction of the PROPERTY and project(s). The identities of said persons or entities, whether
26 individual, corporate, or otherwise, sued herein as Does 201 through 300 are presently unknown to
27 Plaintiffs who therefore sue such persons by their fictitious names. Plaintiffs are informed and believe
28 and thereon allege that said persons or entities are wholly or in some part responsible for the
7
FIRST AMENDED COMPLAINT FOR DAMAGES
1 occurrences set forth in the Complaint in accordance with that party’s individual scope of work that
2 is limited to work performed and criticized by Plaintiffs’ experts. These Defendants will be herein
3 after referred to as the “CONTRACTOR DEFENDANTS.”
4 15. Plaintiffs are informed and believe and based thereon allege that there were other
5 persons and entities involved in the planning, design, construction, maintenance, repairs, manufacture
6 or supply of products and materials used in the construction, and sale of the PROPERTY and
7 project(s). The identities of said persons or entities, whether individual, corporate, or otherwise, sued
8 herein as Does 301-1000 are presently unknown to Plaintiffs who therefore sue such persons by their
9 fictitious names. Plaintiffs are informed and believe and thereon allege that said persons or entities
10 are wholly or in some part responsible for the occurrences set forth in the complaint. Plaintiffs are
11 informed and believe and based thereon allege that at all times herein mentioned Defendants and each
12 of them were the agents, servants, employees, assistants and consultants of their co-Defendants and
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13 were as such acting within the course and scope of their agency and authority of such agency and
14 employment.
15
16 FIRST CAUSE OF ACTION
17 STRICT PRODUCTS LIABILITY
18 (ALL PLAINTIFFS v. DEVELOPER DEFENDANTS)
19 16. Plaintiffs repeat and reallege Paragraphs 1 through 15, inclusive, and incorporate the
20 same as if set forth herein at length.
21 17. DEVELOPER DEFENDANTS and each of them, at all times herein mentioned were
22 in the business of developing and mass producing and/or distributing homes in and, within the County
23 where the PROPERTIES are located, and selling them to members of the public at large.
24 18. Within the last ten years, the DEVELOPER DEFENDANTS and each of them,
25 developed and mass produced the PROPERTY and/or otherwise participated in the stream of
26 commerce for sale of the PROPERTY and in the projects where the PROPERTY is located.
27 19. At all times herein mentioned and material hereto, DEVELOPER DEFENDANTS
28 knew and intended that the PROPERTY would be purchased by members of the public at large, and
8
FIRST AMENDED COMPLAINT FOR DAMAGES
1 used by them without further inspection for defects.
2 20. Plaintiffs purchased the PROPERTY from said DEVELOPER DEFENDANTS and
3 moved into it with their families.
4 21. At the time of the purchase by Plaintiffs, the PROPERTY was defective and unfit for
5 its intended purposes because Defendants did not construct the PROPERTY in a workmanlike manner
6 as manifested by, but not limited to, numerous defects which have resulted in damage to the homes
7 and their component parts. The defects include, without limitation and to various degrees on the
8 plaintiffs’ respective residences, the following:
9 Faulty soil compaction, faulty existing underlying soils and expansive
10 soils resulting in soil movement and damage to the structures, concrete
11 slabs, flatwork and foundation defects; plumbing defects; electrical
12 defects; drainage defects; roof defects; HVAC defects; waterproofing
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13 defects; window and door defects; landscaping and irrigation defects;
14 framing, siding and structural defects; ceramic tile,vinyl flooring and
15 countertop defects; drywall defects; fence and retaining wall defects;
16 cabinet and wood trim defects; fireplace and chimney defects; tub and
17 shower door defects; painting defects; sheet metal defects; and stucco
18 defects.
19 22. The above-specified claims involve predominantly common questions of law or fact,
20 are typical of claims attributable to other residences in the project(s), and adequately represent all
21 other homeowners in the project(s) in which the property is located.
22 23. The Plaintiffs gave and/or attempted to give DEVELOPER DEFENDANTS due and
23 timely notice of the defective quality of the above-mentioned items.
24 24. The defects alleged herein above are defects that were not apparent by reasonable
25 inspection of the PROPERTY at the time of the purchase. The defects thereafter manifested.
26 25. Because of the defective conditions of the PROPERTY as herein above alleged,
27 Plaintiffs have been specifically damaged in the following ways, as well as others which will be
28 inserted with leave of court when ascertained:
9
FIRST AMENDED COMPLAINT FOR DAMAGES
1 A) Plaintiffs will be forced to incur expenses for the restoration and repairs of the
2 PROPERTY to cure the damage, defects and/or deficiencies. The exact amount of
3 the damages is presently unknown, except that the costs will exceed the sum of
4 $50,000 per home.
5 B) Plaintiffs have been damaged through the diminution in value of the PROPERTY.
6 Plaintiffs are unaware of the precise amount of such damage but will establish such
7 amount at time of trial.
8 C) Plaintiffs have been forced to retain expert consultants to inspect, analyze and
9 determine the method of repairing the aforementioned defects and damage. Plaintiffs
10 are unaware of the precise amount of such damage but will establish such amount at
11 time of trial.
12 26. DEVELOPER DEFENDANTS, and each of them, as developers, mass producers,
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13 builders and sellers and/or otherwise within the stream of commerce are strictly liable and responsible
14 to Plaintiffs for all damage suffered as a result of the above described damage, defects and deficiencies
15 in the PROPERTY.
16 SECOND CAUSE OF ACTION
17 STRICT PRODUCTS LIABILITY
18 (ALL PLAINTIFFS v. CONTRACTOR COMPONENT PRODUCT MANUFACTURER
19 DEFENDANTS ONLY)
20 27. Plaintiffs incorporate by reference all previous paragraphs of this complaint as though
21 set forth in full herein.
22 28. COMPONENT PRODUCT MANUFACTURER DEFENDANTS and each of them,
23 at all times herein mentioned were in the business of designing, and mass manufacturing, producing,
24 distributing, selling and reselling the SUBJECT COMPONENT PRODUCTS, within the County
25 where the PROPERTIES are located, for their installation into the PROPERTY.
26 29. Within the last ten years, the COMPONENT PRODUCT MANUFACTURER
27 DEFENDANTS and each of them, designed, developed, assembled, manufactured, marketed, mass
28 produced, distributed, sold and resold the SUBJECT COMPONENT PRODUCTS and/or otherwise
10
FIRST AMENDED COMPLAINT FOR DAMAGES
1 participated in the stream of commerce for sale of the SUBJECT COMPONENT PRODUCTS that
2 were installed into the PROPERTY.
3 30. At all times herein mentioned and material hereto, COMPONENT PRODUCT
4 MANUFACTURER DEFENDANTS knew and intended that the PROPERTY would be purchased
5 by members of the public at large, and used by them without further inspection for defects.
6 31. The SUBJECT COMPONENT PRODUCTS are finished consumer products.
7 32. COMPONENT PRODUCT MANUFACTURER DEFENDANTS sold the SUBJECT
8 COMPONENT PRODUCTS.
9 33. SUBJECT COMPONENT PRODUCTS were installed in the PROPERTY. Those
10 SUBJECT COMPONENT PRODUCTS include, but are not limited to the following:
11 windows, exterior/interior doors, sliding glass doors, garage
12 doors/automatic garage door opening systems, shower/tub enclosures,
3478 Buskirk Avenue, Suite 1000
GARCIA | MARSALLI, LLP
Pleasant Hill, CA 94523
13 shower doors, bathtubs, sinks, toilets, light fixtures, power distribution
14 panels, HVAC units, compressors, security systems, irrigation systems.
15 34. PLAINTIFFS own the PROPERTIES and by doing so, purchased the SUBJECT
16 COMPONENT PRODUCTS. At all times herein mentioned and material hereto, COMPONENT
17 PRODUCT MANUFACTURER DEFENDANTS knew and intended that the PROPERTIES and the
18 SUBJECT COMPONENT PRODUCTS would be purchased by the PLAINTIFFS.
19 35. PLAINTIFFS are lay people and lack the knowledge and understanding to inspect the
20 SUBJECT COMPONENT PRODUCTS and to understand whether said component products have
21 any defects. PLAINTIFFS lacked the ability to test the subject component products, to know whether
22 a defect did exist at the time they purchased their PROPERTIES and /or the SUBJECT
23 COMPONENT PRODUCTS.
24 36. At the time each of the SUBJECT COMPONENT PRODUCTS left COMPONENT
25 PRODUCT MANUFACTURER DEFENDANTS’ custody, control or possession, each SUBJECT
26 COMPONENT PRODUCTS was defective and unfit for its intended purposes because the SUBJECT
27 COMPONENT PRODUCTS contained defects in their design, parts, materials used to manufacture
28 them, and how they were manufactured, which have resulted in foreseeable damage to the
11
FIRST AMENDED COMPLAINT FOR DAMAGES
1 PROPERTIES and the parts of the SUBJECT COMPONENT PRODUCTS that were the defects and
2 parts that were not the defects.
3 37. The defects in the SUBJECT COMPONENT PRODUCTS design, parts and materials
4 used to manufacture them, and how they were manufactured, existed at the time the SUBJECT
5 COMPONENT PRODUCTS left the possession and control of COMPONENT PRODUCT
6 MANUFACTURER DEFENDANTS and were and are common to each of the res
Preview
1 GARCIA | MARSALLI, LLP 3478 Buskirk Avenue, Suite 1000 2 Pleasant Hill, CA 94523 Phone: (925) 287-6488 3 Fax: (925) 287-6489 4 Israel E. Garcia, State Bar No. 216183 Jerod A. Marsalli, State Bar No. 217342 5 Attorneys for Plaintiffs, 6 Nathan & Jessica Davis, et al. 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF MONTEREY 9 10 NATHAN & JESSICA DAVIS; ALI & ) CASE NO.: 21CV003133 YASAMAN NOORIAN, KIM-VINH LE; ) 11 AMALAN MARIADASAN & AISHA ) PACHHI; AMY DORSA & WILLIAM SHARP; ) FIRST AMENDED COMPLAINT FOR 12 3478 Buskirk Avenue, Suite 1000 DAMAGES: GARCIA | MARSALLI, LLP ANNETTE WATTS; ATHENA M. & DIANA ) Pleasant Hill, CA 94523 13 HAGERTY; CASEY RYAN ORTIZ & ) 1. STRICT PRODUCTS LIABILITY TAMRYNN CLEGG; CHARLES WESLEY ) 2. STRICT PRODUCTS LIABILITY 14 MERRIFIELD & REBECCA D. WARREN; ) (COMPONENT PRODUCTS) DANIEL ALAN & MONICA BROOK ) 3. BREACH OF IMPLIED WARRANTY 15 (MERCHANTABILITY) BARNES; DREW COLEMAN & SERENA ) MARTINEZ-COLEMAN; DUNG HUYNH; ) 4. BREACH OF CONTRACT 16 5. NEGLIGENCE ELIDA C. MARQUEZ; ELVIN WALKER & ) 6. BREACH OF EXPRESS WARRANTY 17 JAY ADEFF; GREGORY D. & LISA G. ) 7. VIOLATION OF BUILDING STANDARDS REILLY; HAL LOUIS GROTKE; HAROLD ) AS SET FORTH IN CALIFORNIA CIVIL 18 LEHMAN; HILARY HOUPT, TRUSTEE OF ) CODE §895, ET SEQ. 19 THE HILARY HOUPT TRUST; JAMES ) KELLEY; JAMES T. HILL; JARED & ERIN ) 20 STIVER; JOSHUA J. COLE & ELIZABETH A. ) SILVA; KADIDIA COOPER & JONATHAN ) 21 CROW; KAITLYN J. MASON & ESTEBAN ) AYALA ORTIZ; LEONARD & CAREEN ) 22 CAPUTO; LEONARDO T. & HYO SIL ) 23 MARTINEZ; MARIA A. & TONY L. ) GURROLA; MATTHEW GARR; MELANIE L. ) 24 MCNULTY, TRUSTEE OF THE MELANIE ) MCNULTY TRUST; MELISSA NOWAK; ) 25 MICHAEL G. VOLIS; MITSUYO KOHAMA & ) GLEN EDWARD SHELTON; NATHAN ) 26 RANDALL; PATRICK & JENNIFER ) 27 HOOKER; PAVEL KOZLOV & YULIYA ) KOZLOVA; PETER & HYUN JUNG PARK; ) 28 PHILIP & BARBARA SAKAKIHARA, ) 1 FIRST AMENDED COMPLAINT FOR DAMAGES TRUSTEES OF THE SAKAKIHARA FAMILY 1 TRUST; ROBERT REESE BOSHEARS, SR. & GIOVANNA RODRIGUEZ URIBE; RONALD ) 2 ) GLEDHILL & HELEN JONES; ROY YSIAS ) 3 ESTRADA & CARMEN M. COLON; SHANE ) DAVID TYLER & MARGARET TOBIN; ) 4 SHARON L. JOSEPH, TRUSTEE OF THE 2017 ) SHARON L. JOSEPH REVOCABLE LIVING ) 5 TRUST; THOMAS ADAM LAMBRE & EUN ) WALKER; TIMOTHY ALAN & SANDRA S. ) 6 ) SHREVE; TOAN TRAN; ZARINA OSHIRO, ) 7 STANLEY OSHIRO & RACHEL R. OSHIRO; ) JAMES R. & ILONA E. BATE; JAMES R. & ) 8 ILONA E. BATE; JERROLD D. & DIANA ) SPERAW; THONG H. LE & TO TRINH; ) 9 JACOB & CARLA FLORES; ENRIGUE & ) ) 10 ROSALINDA LOPEZ; TERRENCE K. & ) ROSALYN R. TRAPP, TRUSTEES OF THE ) 11 TRT TRUST DATED AUGUST 2, 2000; ) FRANCES H. TRAPP; JANET D. CLAPP, ) 12 TRUSTEE OF THE JANET CLAPP FAMILY ) 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP TRUST, UDT DATED AUGUST 21, 2008; ) Pleasant Hill, CA 94523 13 ) MARIA CHEN; MEGAN R. STARKS; ) 14 GABRIEL A. & GILLIAN E. FELTEN; ) ASHOURINA KOOKTAPEH; ANDREW & ) 15 ANNE THOMAS, ) ) 16 Plaintiffs, ) vs. ) 17 ) ) 18 BMC EAST GARRISON, LLC, a Delaware ) limited liability company; BMC EG BLUFFS, ) 19 LLC, a Delaware limited liability company; ) BMC EG BUNGALOW, LLC, a Delaware ) 20 limited liability company; BMC EG ) COURTYARDS, LLC, a Delaware limited ) 21 ) liability company; BMC EG GARDEN, LLC, a ) 22 Delaware limited liability company; BMC EG ) GROVE, LLC, a Delaware limited liability ) 23 company; BMC EG VILLAGE, LLC, a ) Delaware limited company; BENCHMARK ) 24 COMMUNITIES, LLC, a Delaware limited ) liability company; and DOES 1-1000, inclusive; ) 25 ) ) 26 Defendants. ) ) 27 /// 28 /// 2 FIRST AMENDED COMPLAINT FOR DAMAGES Plaintiffs allege: 1 2 1. Plaintiffs are individuals residing in the County of Monterey, State of California. 3 2. The subjects of this action are the land with single family dwellings and other 4 improvements thereon, owned by Plaintiffs respectively, (hereinafter collectively referred to as the 5 “PROPERTY”) located in the County of Monterey, State of California, described as follows: 6 ORIGINAL OR 7 SUBSEQUENT # OWNER NAMES PROPERTY ADDRESS PURCHASER 8 Nathan & Jessica Davis 18839 Sedgwick Lane, East SUBSEQUENT 1 Garrison, CA 93933 PURCHASER 9 Ali & Yasaman Noorian, Kim- 13402 Warren Avenue, East ORIGINAL 10 2 Vinh Le Garrison, CA 93933 PURCHASER Amalan Mariadasan & Aisha 17710 Reynolds Street, Marina, CA ORIGINAL 11 3 Pachhi 93933 PURCHASER Amy Dorsa & William Sharp 13154 Chamberlain Avenue, ORIGINAL 12 3478 Buskirk Avenue, Suite 1000 4 Marina, CA 93933 PURCHASER GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 Annette Watts 18950 Kilpatrick Lane, Marina, CA ORIGINAL 5 93933 PURCHASER 14 Athena M. & Diana Hagerty 14870 Kit Carson Drive, East ORIGINAL 6 Garrison, CA 93933 PURCHASER 15 Casey Ryan Ortiz & Tamrynn 17102 Morgan Street, Marina, CA ORIGINAL 7 Clegg 93933 PURCHASER 16 Charles Wesley Merrifield & 14874 Kit Carson Drive, Marina, ORIGINAL 17 8 Rebecca D. Warren CA 93933 PURCHASER Daniel Alan & Monica Brook 16943 Mahone Street, Marina, CA ORIGINAL 18 9 Barnes 93933 PURCHASER Drew Coleman & Serena 19127 Fallingwater Lane, Marina, ORIGINAL 19 10 Martinez-Coleman CA 93933 PURCHASER 20 Dung Huynh 21878 Ord Avenue, Marina, CA ORIGINAL 11 93933 PURCHASER 21 Elida C Marquez 14845 Kit Carson Street, Marina, ORIGINAL 12 CA 93933 PURCHASER 22 Elvin Walker & Jay Adeff 18974 Kilpatrick Lane, Marina, CA ORIGINAL 23 13 93933 PURCHASER Gregory D. & Lisa G. Reilly 16906 Mahone Street, Marina, CA ORIGINAL 24 14 93933 PURCHASER Hal Louis Grotke 14626 Lee Avenue, East Garrison, SUBSEQUENT 25 15 CA 93933 PURCHASER Harold Lehman 18618 McClellan Circle, Marina, ORIGINAL 26 16 CA 93933 PURCHASER? 27 Hilary Houpt, Trustee of the 21874 Ord Avenue, Marina, CA ORIGINAL 17 Hilary Houpt Trust 93933 PURCHASER 28 3 FIRST AMENDED COMPLAINT FOR DAMAGES James Kelley 16811 Wilcox Street, Marina, CA SUBSEQUENT 1 18 93933 PURCHASER 2 James T. Hill 15046 Breckinridge Avenue, East SUBSEQUENT 19 Garrison, CA 93933 PURCHASER 3 Jared & Erin Stiver 21890 Ord Avenue, Marina, CA ORIGINAL 20 93933 PURCHASER 4 Joshua J. Cole & Elizabeth A. 17031 Morgan Street, Marina, CA ORIGINAL 21 Silva 93933 PURCHASER 5 Kadidia Cooper & Jonathan 14942 Breckinridge Avenue, ORIGINAL 6 22 Crow Marina, CA 93933 PURCHASER Kaitlyn J. Mason & Esteban 19006 Schofield Lane, Marina, CA ORIGINAL 7 23 Ayala Ortiz 93933 PURCHASER Leonard & Careen Caputo 18143 Porter Street, Marina, CA ORIGINAL 8 24 93933 PURCHASER 9 Leonardo T. & Hyo Sil 17026 Morgan Street, Marina, CA ORIGINAL 25 Martinez 93933 PURCHASER 10 Maria A. & Tony L. Gurrola 19035 Schofield Lane, Marina, CA SUBSEQUENT 26 93933 PURCHASER 11 Matthew Garr 13514 Warren Avenue, Marina, CA ORIGINAL 27 93933 PURCHASER 12 3478 Buskirk Avenue, Suite 1000 Melanie L. McNulty, Trustee of 14902 Breckinridge Avenue, ORIGINAL GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 28 the Melanie McNulty Trust Marina, CA 93933 PURCHASER Melissa Nowak 18647 McClellan Circle, Marina, ORIGINAL 14 29 CA 93933 PURCHASER Michael G. Volis 14311 Sherman Boulevard, East ORIGINAL 15 30 Garrison, CA 93933 PURCHASER 16 Mitsuyo Kohama & Glen 14717 Kit Carson Street, Marina, ORIGINAL 31 Edward Shelton CA 93933 PURCHASER 17 Nathan Randall 13021 Pope Lane, Marina, CA SUBSEQUENT 32 93933 PURCHASER 18 Patrick & Jennifer Hooker 14454 Lee Avenue, Marina, CA ORIGINAL 19 33 93933 PURCHASER Pavel Kozlov & Yuliya Kozlova 19227 Coliseum Lane, Marina, CA ORIGINAL 20 34 93933 PURCHASER Peter & Hyun Jung Park 17055 Morgan Street, Marina, CA ORIGINAL 21 35 93933 PURCHASER Philip & Barbara Sakakihara, 18063 McDowell Street, Marina, ORIGINAL 22 Trustees of The Sakakihara CA 93933 PURCHASER 23 36 Family Trust Robert Reese Boshears, Sr. & 14307 Sherman Boulevard, Marina, ORIGINAL 24 37 Giovanna Rodriguez Uribe CA 93933 PURCHASER Ronald Gledhill & Helen Jones 21750 Ord Avenue, Marina, CA SUBSEQUENT 25 38 93933 PURCHASER 26 Roy Ysias Estrada & Carmen 19103 Fallingwater Lane, Marina, ORIGINAL 39 M. Colon CA 93933 PURCHASER 27 Shane David Tyler & Margaret 14303 Sherman Boulevard, Marina, ORIGINAL 40 Tobin CA 93933 PURCHASER 28 4 FIRST AMENDED COMPLAINT FOR DAMAGES Sharon L. Joseph, Trustee of the 16815 Wilcox Street, Marina, CA SUBSEQUENT 1 2017 Sharon L. Joseph 93933 PURCHASER 2 41 Revocable Living Trust Thomas Adam Lambre & Eun 14862 Kit Carson Drive, Marina, ORIGINAL 3 42 Walker CA 93933 PURCHASER Timothy Alan & Sandra S. 17706 Reynolds Street, Marina, CA ORIGINAL 4 43 Shreve 93933 PURCHASER Toan Tran 19122 Fallingwater Lane, Marina, ORIGINAL 5 44 CA 93933 PURCHASER 6 Zarina Oshiro, Stanley Oshiro & 18519 McClellan Circle, Marina, ORIGINAL 45 Rachel R. Oshiro CA 93933 PURCHASER 7 James R. & Ilona E. Bate 18586 McClellan Circle, East ORIGINAL 46 Garrison, CA 93933 PURCHASER 8 James R. & Ilona E. Bate 18414 McClellan Circle, East SUBSEQUENT 9 47 Garrison, CA 93933 PURCHASER 10 Jerrold D. & Diana Speraw 18055 Mcdowell Street, Marina, SUBSEQUENT 48 CA 93933 PURCHASER 11 Thong H. Le & To Trinh 17407 Logan Street, Marina, CA SUBSEQUENT 49 93933 PURCHASER 12 3478 Buskirk Avenue, Suite 1000 Jacob & Carla Flores 19223 Coliseum Lane, Marina, CA ORIGINAL GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 50 93933 PURCHASER Enrigue & Rosalinda Lopez 17107 Morgan Street, Marina, CA SUBSEQUENT 14 51 93933 PURCHASER Terrence K. & Rosalyn R. 18254 Caldwell Street, Marina, CA ORIGINAL 15 Trapp, Trustees of the TRT 93933 PURCHASER 16 52 Trust dated August 2, 2000. Frances H. Trapp 18446 Mcclellan Circle, East ORIGINAL 17 53 Garrison, CA 93933 PURCHASER Janet D. Clapp, Trustee of the 18439 Mcclellan Circle, ORIGINAL 18 Janet Clapp Family Trust, UDT East Garrison, CA 93933 PURCHASER 54 dated August 21, 2008 19 Maria Chen 14502 Lee Avenue, Marina, CA SUBSEQUENT 20 55 93933 PURCHASER Megan R. Starks 16722 Pickett Lane, East Garrison, ORIGINAL 21 56 CA 93933 PURCHASER Gabriel A. & Gillian E. Felten 18622 Mcclellan Circle, East SUBSEQUENT 22 57 Garrison, CA 93933 PURCHASER 23 Ashourina Kooktapeh 19026 Schofield Lane, Marina, CA ORIGINAL 58 93933 PURCHASER 24 Andrew & Anne Thomas 16511 Alexander Lane, East ORIGINAL 59 Garrison, CA 93933 PURCHASER 25 3. Plaintiffs are informed and believe and based thereon allege that at all times herein 26 mentioned and material hereto that Defendant BMC EAST GARRISON, LLC, a Delaware limited 27 28 5 FIRST AMENDED COMPLAINT FOR DAMAGES 1 liability company was the seller, developer, builder and/or general contractor of the PROPERTY and 2 the project(s) within which the PROPERTY is located. 3 4. Plaintiffs are informed and believe and based thereon allege that at all times herein 4 mentioned and material hereto that Defendant BMC EG BLUFFS, LLC, a Delaware limited liability 5 company was the seller, developer, builder and/or general contractor of the PROPERTY and the 6 project(s) within which the PROPERTY is located. 7 5. Plaintiffs are informed and believe and based thereon allege that at all times herein 8 mentioned and material hereto that Defendant BMC EG BUNGALOW, LLC, a Delaware limited 9 liability company was the seller, developer, builder and/or general contractor of the PROPERTY and 10 the project(s) within which the PROPERTY is located. 11 6. Plaintiffs are informed and believe and based thereon allege that at all times herein 12 mentioned and material hereto that Defendant BMC EG COURTYARDS, LLC, a Delaware limited 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 liability company was the seller, developer, builder and/or general contractor of the PROPERTY and 14 the project(s) within which the PROPERTY is located. 15 7. Plaintiffs are informed and believe and based thereon allege that at all times herein 16 mentioned and material hereto that Defendant BMC EG GARDEN, LLC, a Delaware limited liability 17 company was the seller, developer, builder and/or general contractor of the PROPERTY and the 18 project(s) within which the PROPERTY is located. 19 8. Plaintiffs are informed and believe and based thereon allege that at all times herein 20 mentioned and material hereto that Defendant BMC EG GROVE, LLC, a Delaware limited liability 21 company was the seller, developer, builder and/or general contractor of the PROPERTY and the 22 project(s) within which the PROPERTY is located. 23 9. Plaintiffs are informed and believe and based thereon allege that at all times herein 24 mentioned and material hereto that Defendant BMC EG VILLAGE, LLC, a Delaware limited liability 25 company was the seller, developer, builder and/or general contractor of the PROPERTY and the 26 project(s) within which the PROPERTY is located. 27 10. Plaintiffs are informed and believe and based thereon allege that at all times herein 28 mentioned and material hereto that Defendant BENCHMARK COMMUNITIES, LLC, a Delaware 6 FIRST AMENDED COMPLAINT FOR DAMAGES 1 limited liability company was the seller, developer, builder and/or general contractor of the 2 PROPERTY and the project(s) within which the PROPERTY is located. 3 11. Plaintiffs are informed and believe and based thereon allege that, at all times herein 4 mentioned, each of the DEFENDANTS sued herein was the agent and employee of each of the 5 remaining DEFENDANTS and was at all times acting within the purpose and scope of such agency 6 and employment. 7 12. The names and capacities, whether individual, corporate, associate or otherwise of 8 certain developers, builders, general contractors, subcontractors and/or their alter egos sued herein as 9 DOES 1 through 100 inclusive, are presently unknown, and Plaintiffs will amend the Complaint to 10 insert the same when ascertained. Plaintiffs are informed and believe and based thereon allege that 11 each of these Defendants was a resident of said County and State and/or have principal offices or 12 were doing business in said County and State and were and are responsible in some way for the 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 happenings and damages alleged in this complaint. Said Defendants, along with the Defendants 14 named above, will hereinafter be referred to as the “DEVELOPER DEFENDANTS.” 15 13. In order to build and construct said PROPERTY and project(s) the DEVELOPER 16 DEFENDANTS hired, retained, employed, or contracted for the services of certain persons or entities 17 to plan, design, and prepare drawings and specifications for the building of the PROPERTY and 18 project. The identities of said persons or entities, whether individual, corporate or otherwise, sued 19 herein as Does 101 through 200, are presently unknown to Plaintiffs who therefore sue such persons 20 by their fictitious names. Plaintiffs are informed and believe and thereon allege that said persons or 21 entities are wholly or in some part responsible for the occurrences set forth in the complaint. These 22 Defendants will hereinafter be referred to as the “DESIGN DEFENDANTS.” 23 14. In order to build and construct said project the DEVELOPER DEFENDANTS hired, 24 retained, employed, or contracted with persons or entities to provide for labor and materials in the 25 construction of the PROPERTY and project(s). The identities of said persons or entities, whether 26 individual, corporate, or otherwise, sued herein as Does 201 through 300 are presently unknown to 27 Plaintiffs who therefore sue such persons by their fictitious names. Plaintiffs are informed and believe 28 and thereon allege that said persons or entities are wholly or in some part responsible for the 7 FIRST AMENDED COMPLAINT FOR DAMAGES 1 occurrences set forth in the Complaint in accordance with that party’s individual scope of work that 2 is limited to work performed and criticized by Plaintiffs’ experts. These Defendants will be herein 3 after referred to as the “CONTRACTOR DEFENDANTS.” 4 15. Plaintiffs are informed and believe and based thereon allege that there were other 5 persons and entities involved in the planning, design, construction, maintenance, repairs, manufacture 6 or supply of products and materials used in the construction, and sale of the PROPERTY and 7 project(s). The identities of said persons or entities, whether individual, corporate, or otherwise, sued 8 herein as Does 301-1000 are presently unknown to Plaintiffs who therefore sue such persons by their 9 fictitious names. Plaintiffs are informed and believe and thereon allege that said persons or entities 10 are wholly or in some part responsible for the occurrences set forth in the complaint. Plaintiffs are 11 informed and believe and based thereon allege that at all times herein mentioned Defendants and each 12 of them were the agents, servants, employees, assistants and consultants of their co-Defendants and 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 were as such acting within the course and scope of their agency and authority of such agency and 14 employment. 15 16 FIRST CAUSE OF ACTION 17 STRICT PRODUCTS LIABILITY 18 (ALL PLAINTIFFS v. DEVELOPER DEFENDANTS) 19 16. Plaintiffs repeat and reallege Paragraphs 1 through 15, inclusive, and incorporate the 20 same as if set forth herein at length. 21 17. DEVELOPER DEFENDANTS and each of them, at all times herein mentioned were 22 in the business of developing and mass producing and/or distributing homes in and, within the County 23 where the PROPERTIES are located, and selling them to members of the public at large. 24 18. Within the last ten years, the DEVELOPER DEFENDANTS and each of them, 25 developed and mass produced the PROPERTY and/or otherwise participated in the stream of 26 commerce for sale of the PROPERTY and in the projects where the PROPERTY is located. 27 19. At all times herein mentioned and material hereto, DEVELOPER DEFENDANTS 28 knew and intended that the PROPERTY would be purchased by members of the public at large, and 8 FIRST AMENDED COMPLAINT FOR DAMAGES 1 used by them without further inspection for defects. 2 20. Plaintiffs purchased the PROPERTY from said DEVELOPER DEFENDANTS and 3 moved into it with their families. 4 21. At the time of the purchase by Plaintiffs, the PROPERTY was defective and unfit for 5 its intended purposes because Defendants did not construct the PROPERTY in a workmanlike manner 6 as manifested by, but not limited to, numerous defects which have resulted in damage to the homes 7 and their component parts. The defects include, without limitation and to various degrees on the 8 plaintiffs’ respective residences, the following: 9 Faulty soil compaction, faulty existing underlying soils and expansive 10 soils resulting in soil movement and damage to the structures, concrete 11 slabs, flatwork and foundation defects; plumbing defects; electrical 12 defects; drainage defects; roof defects; HVAC defects; waterproofing 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 defects; window and door defects; landscaping and irrigation defects; 14 framing, siding and structural defects; ceramic tile,vinyl flooring and 15 countertop defects; drywall defects; fence and retaining wall defects; 16 cabinet and wood trim defects; fireplace and chimney defects; tub and 17 shower door defects; painting defects; sheet metal defects; and stucco 18 defects. 19 22. The above-specified claims involve predominantly common questions of law or fact, 20 are typical of claims attributable to other residences in the project(s), and adequately represent all 21 other homeowners in the project(s) in which the property is located. 22 23. The Plaintiffs gave and/or attempted to give DEVELOPER DEFENDANTS due and 23 timely notice of the defective quality of the above-mentioned items. 24 24. The defects alleged herein above are defects that were not apparent by reasonable 25 inspection of the PROPERTY at the time of the purchase. The defects thereafter manifested. 26 25. Because of the defective conditions of the PROPERTY as herein above alleged, 27 Plaintiffs have been specifically damaged in the following ways, as well as others which will be 28 inserted with leave of court when ascertained: 9 FIRST AMENDED COMPLAINT FOR DAMAGES 1 A) Plaintiffs will be forced to incur expenses for the restoration and repairs of the 2 PROPERTY to cure the damage, defects and/or deficiencies. The exact amount of 3 the damages is presently unknown, except that the costs will exceed the sum of 4 $50,000 per home. 5 B) Plaintiffs have been damaged through the diminution in value of the PROPERTY. 6 Plaintiffs are unaware of the precise amount of such damage but will establish such 7 amount at time of trial. 8 C) Plaintiffs have been forced to retain expert consultants to inspect, analyze and 9 determine the method of repairing the aforementioned defects and damage. Plaintiffs 10 are unaware of the precise amount of such damage but will establish such amount at 11 time of trial. 12 26. DEVELOPER DEFENDANTS, and each of them, as developers, mass producers, 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 builders and sellers and/or otherwise within the stream of commerce are strictly liable and responsible 14 to Plaintiffs for all damage suffered as a result of the above described damage, defects and deficiencies 15 in the PROPERTY. 16 SECOND CAUSE OF ACTION 17 STRICT PRODUCTS LIABILITY 18 (ALL PLAINTIFFS v. CONTRACTOR COMPONENT PRODUCT MANUFACTURER 19 DEFENDANTS ONLY) 20 27. Plaintiffs incorporate by reference all previous paragraphs of this complaint as though 21 set forth in full herein. 22 28. COMPONENT PRODUCT MANUFACTURER DEFENDANTS and each of them, 23 at all times herein mentioned were in the business of designing, and mass manufacturing, producing, 24 distributing, selling and reselling the SUBJECT COMPONENT PRODUCTS, within the County 25 where the PROPERTIES are located, for their installation into the PROPERTY. 26 29. Within the last ten years, the COMPONENT PRODUCT MANUFACTURER 27 DEFENDANTS and each of them, designed, developed, assembled, manufactured, marketed, mass 28 produced, distributed, sold and resold the SUBJECT COMPONENT PRODUCTS and/or otherwise 10 FIRST AMENDED COMPLAINT FOR DAMAGES 1 participated in the stream of commerce for sale of the SUBJECT COMPONENT PRODUCTS that 2 were installed into the PROPERTY. 3 30. At all times herein mentioned and material hereto, COMPONENT PRODUCT 4 MANUFACTURER DEFENDANTS knew and intended that the PROPERTY would be purchased 5 by members of the public at large, and used by them without further inspection for defects. 6 31. The SUBJECT COMPONENT PRODUCTS are finished consumer products. 7 32. COMPONENT PRODUCT MANUFACTURER DEFENDANTS sold the SUBJECT 8 COMPONENT PRODUCTS. 9 33. SUBJECT COMPONENT PRODUCTS were installed in the PROPERTY. Those 10 SUBJECT COMPONENT PRODUCTS include, but are not limited to the following: 11 windows, exterior/interior doors, sliding glass doors, garage 12 doors/automatic garage door opening systems, shower/tub enclosures, 3478 Buskirk Avenue, Suite 1000 GARCIA | MARSALLI, LLP Pleasant Hill, CA 94523 13 shower doors, bathtubs, sinks, toilets, light fixtures, power distribution 14 panels, HVAC units, compressors, security systems, irrigation systems. 15 34. PLAINTIFFS own the PROPERTIES and by doing so, purchased the SUBJECT 16 COMPONENT PRODUCTS. At all times herein mentioned and material hereto, COMPONENT 17 PRODUCT MANUFACTURER DEFENDANTS knew and intended that the PROPERTIES and the 18 SUBJECT COMPONENT PRODUCTS would be purchased by the PLAINTIFFS. 19 35. PLAINTIFFS are lay people and lack the knowledge and understanding to inspect the 20 SUBJECT COMPONENT PRODUCTS and to understand whether said component products have 21 any defects. PLAINTIFFS lacked the ability to test the subject component products, to know whether 22 a defect did exist at the time they purchased their PROPERTIES and /or the SUBJECT 23 COMPONENT PRODUCTS. 24 36. At the time each of the SUBJECT COMPONENT PRODUCTS left COMPONENT 25 PRODUCT MANUFACTURER DEFENDANTS’ custody, control or possession, each SUBJECT 26 COMPONENT PRODUCTS was defective and unfit for its intended purposes because the SUBJECT 27 COMPONENT PRODUCTS contained defects in their design, parts, materials used to manufacture 28 them, and how they were manufactured, which have resulted in foreseeable damage to the 11 FIRST AMENDED COMPLAINT FOR DAMAGES 1 PROPERTIES and the parts of the SUBJECT COMPONENT PRODUCTS that were the defects and 2 parts that were not the defects. 3 37. The defects in the SUBJECT COMPONENT PRODUCTS design, parts and materials 4 used to manufacture them, and how they were manufactured, existed at the time the SUBJECT 5 COMPONENT PRODUCTS left the possession and control of COMPONENT PRODUCT 6 MANUFACTURER DEFENDANTS and were and are common to each of the res