Jerry Gibson vs Lennar Fresno, Inc. // COMPLEX /STAYED

Complaint Information

MILSTEIN JACKSON

FAIRCHILD & WADE, LLP 10250 Constellation Blvd., 14 Floor Los Angeles, CA 90067

Telephone: (310) 396-9600

Fax: (310) 396-9635

Joseph Su, SBN 253536

Attomeys for Plaintiffs, Jerry Gibson, et al.

E-FILED

6/22/2018 10:07 AM

FRESNO COUNTY SUPERIOR COURT

By: L Peterson, Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO

JERRY GIBSON; DENNIS LINGO & DIANE GISCHEL-LINGO ; HEFATHER TORREZ & ERIK GOMEZ ; JAGDISH BRAR & BALJIT SINGH ; SUKHJIT DHILLON & GURMINDER SINGH ; RUPINDER ATWAL; MARK & HEATHER AYON; BERNARD & LYNETTE BROWN; ROBERT & HEIDI DIAZ; JOE & CHENECUA DIXON; ALFRED & SHEILA EDDINGS; JOHNNY FLORES; ANDRES GALLEGOS; ANTHONY & LISA GUERRERQO; ROSA HERNANDEYZ; CHRISTINA HOLGUIN-MITCHELL; JONGHO & JOO Y EON LEE; GEORGE & ALICIA MARTINEZ; DAVID MOHAMMED; VICTOR OCHOA; FERNANDO & ARGELIA RUIZ; RICKY SANDOVAL; GURPREET & PAWANDEEP SINGH; JASON & KINZIE THOMPSON; PAMEILA SMITH LIVING TRUST, TRUSTEE, PAMELA SMITH; MAXWELL FAMILY TRUST, TRUSTEES, KEVIN & TERI MAXWELL,; NELSON ROBERT G & SUSAN TRUST TRUSTEES: ROBERT & SUSAN NELSON; ALISON WALKER;

Plaintiffs, VS. LENNAR FRESNO, INC; LENNAR

HOMES OF CALIFORNIA, INC...; AND DOES 1- 1000, INCLUSIVE.

Defendants.

CASE NO.: 18CECG02253

COMPLAINT FOR DAMAGES:

1. VIOLATION OF BUILDING

STANDARDS AS SET FORTH IN CALIFORNIA CIVIL CODE §896

2. BREACH OF IMPLIED WARRANTY

(MERCHANTABILITY)

3. BREACH OF CONTRACT

4, BREACH OF EXPRESS WARRANTY

4, BREACH OF EXPRESS WARRANTY Plaintiffs allege:

Plaintiffs allege:

1. Plaintiffs are individuals residing in the County of FRESNO, State of California.

2. The subjects of this action are the land with single family dwellings and other improvements thereon, owned by Plaintiffs respectively, (hereinatter collectively referred to as the “PROPERTY ”) located in the County of FRESNO, State of California, described as follows:

PROPERTY | TRACT FIRST NAME LAST NAME PROPERTY ADDRESS | CITY NUMBER | LOT

6840 W Lucas r 5358 | 158 |

2| Ccherimgo | lemswamveiae |eeso 2 | Gischel-Lingo 6775 W Alluvial Ave Fresno 4 3l Gomer oo | lmwkmberor eresno | swss 3 | Gomez 7272 N Kymber Dr Fresno 5358 | 212 LB T e oo | s Singh 7454 N Shiraz Ave Fresno 5358

un W Ul oo .

Sukhjit Dhillon & 5 | Gurminder Singh

Atwal

Mark & Heather

Bernard & Lynette Brown Robert & Heidi Diaz 10 | Joe & Chenecua Dixon

Fresno

Flores | 6670w AlanaDr | Fresno

Fresno Rosa

Flores Andres

15 | Rosa Hernandez

Fresno Fresno Fresno

18 | George & Alicia 19 | David 20 | Victor Ochoa

Mohammed

Fernando & Argeli Gurpreet & 23 | Pawandeep Singh Pamela Smith Living Trustee, Pamela 25 | Trust, Smith 7338 N Lacey Dr Fresno Trustees, Kevin 26 | Maxwell Family Trust, | & Teri Maxwell 6850 W Alluvial Ave Fresno

6753 W Alluvial Ave Fresno _ 7220 N Kymber Dr Fresno

6622 W Alana Dr Fresno

_ 7283 N Kymber Dr Fresno

6699 W Oak Ave Fresno 7462 N Shiraz Ave Fresno

6699 W Alluvial Ave Fresno

s | N o

| s3ss | 27 | s3s8 | 10a | s3s8| 210 | s3s8 | 126 | s38 ] 161 o o 7 3 o

FIRST CAUSE OF ACTION VIOLATION OF BUILDING STANDARDS AS SET FORTH IN CALIFORNIA CIVIL CODE § 896

Q. Plaintiffs incorporate by reference all previous paragraphs of this complaint as though set forth in full herein.

10. Plaintiffs and each of them, purchased the PROPERTY on or after January 1, 2003.

11. DEVELOPER DEFENDANTI'S’ pre litigation procedures are per se unconscionable,

unenforceable, and violate public policy as well.

unenforceable, and violate public policy as well. 12. DEVELOPER DEFENDANT'S failed to conmply with material provisions of Civil Code Section 900 et seq. As such, Plaintiffs properly bring their action pursuant to Civil Code Sections 912(i), 920, and 930.

12. DEVELOPER DEFENDANT'S failed to conmply with material provisions of Civil Code Section 900 et seq. As such, Plaintiffs properly bring their action pursuant to Civil Code Sections 912(i), 920, and 930.

13. DEVELOPER DEFENDANT'S and each of them, at all times herein mentioned were in the business of developing and mass producing and/or distributing homes in and, within CONTRA COSTA County, State of California, and selling them to members of the public at large.

14. Atall times herein mentioned and material hereto, DEVELOPER DEFENDANT'S knew and intended that the PROPERTY would be purchased by members of the public at large, and used by them without further inspection for defects.

15. Plaintiffs purchased the PROPERTY from sasid DEVELOPER DEFENDANT'S and moved into it with their families.

16. At the time of the purchase by Plaintiffs, the PROPERTY was defective and unfit for its intended purposes because Defendants did not construct the PROPERTY in a workmanlike manner as manifested by, but not limited to, numerous defects which have resulted in damage to the homes and their component parts. The defects include, without limitation and to various degrees on the plaintiffs’ respective residences, the following violations of California Civil Code Section 896 et seq.:

(a) With respect to water issues:

(1) Extenrior doors at the PROPERTY allow unintended water to pass beyond, around, or through the door or its designed or actual moisture bariers.

(2) Windows, patio doors, deck doors, and their systems at the PROPERTY allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture bamiers, including, without limitation, intemal barriers within the systems themselves

(3) Windows, patio doors, deck doors, and their systems at the PROPERTY allow excessive condensation to enter the structure.

(4) Roofs, roofing systems, chimney caps, and ventilation components at the PROPERTY

allow water to enter the structure or to pass beyond, around, or through the designed or

allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barmiers, including, without limitation, intemal bamiers located within the systems themselves.

actual moisture barmiers, including, without limitation, intemal bamiers located within the systems themselves.

(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems at the PROPERTY allow water to pass into the adjacent structure.

(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems at the PROPERTY allow unintended water to pass within the systems themselves.

(7) Foundation systems and slabs at the PROPERTY allow water or vapor to enter into the structure.

(8) Foundation systems and slabs at the PROPERTY allow water or vapor to enter into the structure so as to limit the installation of the type of flooring matenals typically used for the particular application.

(9) Hardscape, including paths and patios, imgation systems, landscaping systems, and drainage systems, that are installed as part of the original construction of the PROPERTY, are installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure.

(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other externior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, colunms, and plant- ons, at the PROPERTY allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture bamers of the system, including any intermal barriers located within the system itself.

(11) Stucco, exterior siding, and exterior walls at the PROPERTY allow excessive condensation to enter the structure.

(12) Retaining and site walls and their associated drainage systems at the PROPERTY allow unintended water to pass beyond, around, or through its designed or actual moisture bammers including, without limitation, any intemal bariers.

(13) Retaining walls and site walls, and their associated drainage systems, at the

PROPERTY allow water to flow beyond, around, or through the areas designated by

PROPERTY allow water to flow beyond, around, or through the areas designated by design.

design.

(14) The lines and components of the plumbing system, sewer system, and utility systems at the PROPERTY leak.

(15) Plumbing lines, sewer lines, and utility lines at the PROPERTY are corroded so as to impede the useful life of the systems.

(16) Sewer systems at the PROPERTY do not allow the designated amount of sewage to flow through the system.

(17) Shower and bath enclosures at the PROPERTY leak water into the interior of walls, flooring systems, or the interior of other components.

(18) Ceramic tile and tile countertops at the PROPERTY allow water into the interior of walls, flooring systems, or other components.

(b) With respect to structural issues:

(1) Foundations, load bearing components, and slabs at the PROPERTY contain significant cracks or significant vertical displacement.

(2) Foundations, load bearing components, and slabs at the PROPERTY cause the structure, in whole or in part, to be structurally unsafe.

(3) Foundations, load bearing components, slabs, and underlying soils at the PROPERTY are not constructed so as to materially comply with the design criteria set by applicable govemment building codes, regulations, and ordinances for chemical deterioration or conrosion resistance in effect at the time of original construction.

(4) The PROPERTY is not constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable govermment building codes, regulations, and ordinances in effect at the time of original construction.

(c) With respect to soil issues:

(1) Soils and engineered retaining walls at the PROPERTY cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall.

(2) Soils and engineered retaining walls at the PROPERTY cause, in whole or in part, the

structure to be structurally unsafe.

structure to be structurally unsafe. (3) Sails at the PROPERTY cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of onginal sale by the builder or for the purpose for which that land is commonly used.

(3) Sails at the PROPERTY cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of onginal sale by the builder or for the purpose for which that land is commonly used.

(d) With respect to fire protection issues:

(1) The PROPERTY is not constructed so as to materially comply with the design criteria of the applicable govemment building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction.

(2) Fireplaces, chimneys, chinmey structures, and chimney termination caps at the PROPERTY are constructed and installed in suchcause an unreasonable risk of fire outside the fireplace enclosure or chimney.

(3) Electrical and mechanical systems at the PROPERTY are constructed and installed in suchcause an unreasonable risk of fire.

(e) With respect to plumbing and sewer iSsues:

Plumbing and sewer systems at the PROPERTY are not installed to operate properly and materially impair the use of the structure by its inhabitants

(f) With respect to electrical system issues:

Electrical systems at the PROPERTY do not operate properdy and materially impair the use of the structure by its inhabitants.

(g) With to issues inqg other areas of construction:

(1) Extenor pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder at the PROPERTY contain cracks that display significant vertical displacement or that are excessive.

(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, colunms, and plant-ons, at the PROPERTY contain significant cracks or separations.

(3) The manufactured products (product that is completely manufactured offsite), including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces,

electical fixtures, HVAC units, countertops, cabinets, paint, and appliances at the

electical fixtures, HVAC units, countertops, cabinets, paint, and appliances at the PROPERTY are installed so as to interfere with the products' useful life.

PROPERTY are installed so as to interfere with the products' useful life.

(4) The Heating system, at the PROPERTY, is incapable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor.

(5) Living space air-conditioning, at the PROPERTY, is provided in a manner inconsistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor.

(6) Attached structures at the PROPERTY do not comply with interunit noise transmission standards set by the applicable govemment building codes, ordinances, or regulations in effect at the time of the original construction.

(7) Imgation systems and drainage at the PROPERTY operate impropeny.

(8) Untreated wood posts at the PROPERTY that are installed in contact with soil evidence unreasonable decay to the wood based upon the finish grade at the time of orginal construction.

(99 Untreated steel fences and adjacent components at the PROPERTY evidence unreasonable conrosion.

(10) Paint and stains at the PROPERTY have been applied in such a manner so as to cause deterioration of the building surfaces.

(11) Roofing materials at the PROPERTY have fallen from the roof.

(12) Ceramic tile and tile backing at the PROPERTY are installed in such a manner that the tile detaches.

(13) The PROPERTY is constructed in such a manner so as to impair the occupants' safety

because they contain public health hazards as detenmined by a duly authorized public health

official, health agency, or govemmental entity having jurisdiction.

17. Plaintiffs became aware of the defects and deficiencies. The Plaintiffs thereafter gave and/or attempted to give DEVELOPER DEFENDANT'S due and timely notice of the defective quality of the above mentioned itens.

18. The defects alleged herein above are defects that were not apparent by reasonable

inspection of the PROPERTY at the time of the purchase. The defects thereafter manifested.

inspection of the PROPERTY at the time of the purchase. The defects thereafter manifested. 19. Because of the defective conditions of the PROPERTY as herein above alleged, Plaintiffs have been specifically damaged in the following ways, as well as others which will be inserted with leave of court when ascertained:

19. Because of the defective conditions of the PROPERTY as herein above alleged, Plaintiffs have been specifically damaged in the following ways, as well as others which will be inserted with leave of court when ascertained:

A) Plaintiffs will be forced to incur expenses for the restoration and repairs of the PROPERTY to cure the damage, defects and/or deficiencies. The exact amount of the damages is presently unknown, except that the costs will exceed the sum of $50,000 per home.

B) Plaintiffs have been damaged through the diminution in value of the PROPERTY . Plaintiffs are unaware of the precise amount of such damage but will establish such amount at time of trial.

C) Plaintiffs have been forced to retain expert consultants to analyze and determine the method of repairing the aforementioned defects and damage. Plaintiffs are unaware of the precise amount of such damage but will establish such amount at time of trial.

20. DEVELOPER DEFENDANTS, and each of them, as devel opers, mass producers, and builders are liable for and responsible to Plaintiffs for all damage suffered as a result of the above described violations of section 896 of the California Civil Code.

SECOND CAUSE OF ACTION BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

(ORIGINAL PURCHASER PLAINTIFFS vs. DEVELOPER DEFENDANTS)

21. Plaintiffs incorporate by reference all previous paragraphs of this complaint as though set forth in full herein.

22. Atall times herein mentioned and material hereto DEVELOPER DEFENDANTS were and now are the merchants and sellers of newly constructed housing, the type of merchandise sold to Plaintiffs as herein above alleged and described.

23. DEVELOPER DEFENDANTS, and each of them, at the time and place of the sale of the PROPERTY, impliedly warranted that it was properly constructed and of merchantable quality.

24. Ornginal Purchaser Plaintiffs discovered the defective quality of the PROPERTY .