This case was last updated from San Francisco County Superior Courts on 04/05/2018 at 02:56:08 (UTC).

PERDUR POOJARY VS. SURYA INVESTMENTS LLC DBA EUROPA HOTEL, et al

Case Summary

On 03/05/2014 PERDUR POOJARY filed a Contract - Other Contract lawsuit against SURYA INVESTMENTS LLC DBA EUROPA HOTEL. This case was filed in San Francisco County Superior Courts , Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is CYNTHIA M. LEE. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7803

  • Filing Date:

    03/05/2014

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Other Contract

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

Judge Details

Judge

CYNTHIA M. LEE

 

Party Details

Plaintiff

POOJARY, PERDUR

Defendants

CHICHIZOLA, JOHN N. AS TRUSTEE OF THE REVOCABLE TRUST

DOES 1 THRU 50, INCL.

MORETTO, GINA

MORETTO, ROBERT J. AS TRUSTEE OF THE ROBERT AND JOSEPHINE MORETTO 2011 FAMILY TRUST

REESE, CHARLES W. AS TRUSTEE OF THE TRUST CREATED UNDER THE WILL OF CLOTILDE DE MARTINI

SURYA INVESTMENTS LLC DBA EUROPA HOTEL, A CALIFORNIA LIMITED LIABILITY COMPANY

WAGNER, BEATRICE

WISHNOFF, CHRISTINE

MORETTO, ROBERT J. AS TRUSTEE OF THE ROBERT AND JOSEPHINE MORETTO

Attorney/Law Firm Details

Plaintiff Attorney

CHOY, RANDALL PHILIP

Attorney at HEDANI, CHOY, SPALDING & SALVAGIONE

595 Market Street, Suite 1100

San Francisco, CA 94105

 

Court Documents

COMPLAINT

OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF POOJARY, PERDUR AS TO DEFENDANT SURYA INVESTMENTS LLC DBA EUROPA HOTEL, A CALIFORNIA LIMITED LIABILITY COMPANY WAGNER, BEATRICE REESE, CHARLES W. AS TRUSTEE OF THE TRUST CREATED UNDER THE WILL OF CLOTILDE DE MARTINI CHICHIZOLA, JOHN N. AS TRUSTEE OF THE REVOCABLE TRUST DATED APRIL 2, 1992 MORETTO, GINA WISHNOFF, CHRISTINE DOES 1 THRU 50, INCL. MORETTO, ROBERT J. AS TRUSTEE OF THE ROBERT AND JOSEPHINE MORETTO 2011 FAMILY TRUST DATED 3/2/11 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR AUG-06-2014 PROOF OF SERVICE DUE ON MAY-05-2014 CASE MANAGEMENT STATEMENT DUE ON JUL-14-2014 (Fee:450.00)

Notice to Plaintiff

NOTICE TO PLAINTIFF

DISMISSAL OF ENTIRE ACTION

DISMISSAL OF ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION WITHOUT PREJUDICE

Order That Hearing is Off Calendar

CASE MANAGEMENT CONFERENCE OF AUG-06-2014 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.

 

Docket Entries

  • 03/05/2014
  • Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK; Receipt Number : W1214305F012

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  • 07/17/2014
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  • CASE MANAGEMENT CONFERENCE OF AUG-06-2014 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.

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  • 03/28/2014
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  • DISMISSAL OF ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION WITHOUT PREJUDICE

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  • 03/05/2014
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  • NOTICE TO PLAINTIFF

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  • 03/05/2014
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  • OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF POOJARY, PERDUR AS TO DEFENDANT SURYA INVESTMENTS LLC DBA EUROPA HOTEL, A CALIFORNIA LIMITED LIABILITY COMPANY WAGNER, BEATRICE REESE, CHARLES W. AS TRUSTEE OF THE TRUST CREATED UNDER THE WILL OF CLOTILDE DE MARTINI CHICHIZOLA, JOHN N. AS TRUSTEE OF THE REVOCABLE TRUST DATED APRIL 2, 1992 MORETTO, GINA WISHNOFF, CHRISTINE DOES 1 THRU 50, INCL. MORETTO, ROBERT J. AS TRUSTEE OF THE ROBERT AND JOSEPHINE MORETTO 2011 FAMILY TRUST DATED 3/2/11 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR AUG-06-2014 PROOF OF SERVICE DUE ON MAY-05-2014 CASE MANAGEMENT STATEMENT DUE ON JUL-14-2014 (Fee:$450.00)

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Complaint Information

Tel (415) 778-0800 | Fax (415) 778-0700 www.hedanichoy.com

Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

NNNNMMNM[\)r—.—L'—An—n—Av—tr—Ar—l—h—

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RANDALL P. CHOY (SBN 83194) CHARLIE W. YU (SBN 268233)

HEDANI, CHOY, SPALDING & SALVAGIONE LLP

595 Market Street, Suite 1100 San Francisco, California 94105 Telephone: (415) 778-0800 Facsimile: (415) 778-0700

Attorneys for Plaintiff

PERDUR POOJARY

SUMMONS ISSUED

' Stgen’ur Court of California ounty of San Francisco

MAR -5 2014 CLERK OF TE COURT

BY; AS puty Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION

PERDUR POOJARY, an individual, Plaintiff, VS.

SURYA INVESTMENTS, LLC dba EUROPA HOTEL, a California limited liability company;

BEATRICE MAGNER, an individual; CHARLES W. REESE, as Trustee of the TRUST created under the Will of Clotilde De Martini;

JOHN N. CHICHIZOLA, as Trustee of the REVOCABLE TRUST dated April 2, 1992; ROBERT J. MORETTO, as Trustee of the

ROBERT AND JOSEPHINE MORETTO

2011 FAMILY TRUST dated March 2, 2011;

GINA MORETTO, an individual; CHRISTINE WISHNOFF, an individual; and DOES 1 through 50, inclusive,

Defendants.

caseno.CGC =14-537 8{‘0 3

COMPLAINT FOR

1. PREMISES LIABILITY

2. FAILURE TO PAY WAGES

3. FAILURE TO PAY MINIMUM WAGES

4. FAILURE TO PAY OVERTIME

5. FAILURE TO PROVIDE MEAL AND

REST PERIODS

6. FAILURE TO FURNISH WAGE

STATEMENTS

7. WAITING-TIME PENALTIES

8. UNFAIR BUSINESS PRACTICES

9. ELDER FINANCIAL ABUSE

10. ELDER PHYSICAL ABUSE

10. ELDER PHYSICAL ABUSE Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Tel (415) 778-0800 | Fax (415) 778-0700

www hedanichoy.com

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Plaintiff alleges:

PARTIES AND JURISDICTION

1. Plaintiff PERDUR POOJARY is, and at all relevant times was, a competent adult residing in San Francisco, California.

2. Defendant SURYA INVESTMENTS, LLC doing business as EUROPA HOTEL is, and at all relevant times was, a California limited liability company doing business in San Francisco, California.

3. Defendant SURYA INVESTMENTS, LL.C operates EUROPA HOTEL located at 310 Columbus Avenue, San Francisco, California (the “Property™).

4. On information and belief, Defendant BEATRICE MAGNER is the owner of a one-fourth (1/4) interest in the Property.

5. On information and belief, Defendant CHARLES W. REESE is the Trustee of a TRUST created under the Will of Clotilde De Martini which is the owner of a one-fourth (1/4) interest in the Property.

6. On information and belief , Defendant JOHN N. CHICHIZOLA is the Trustee of a REVOCABLE TRUST dated April 2, 1992 which is the owner of one-fourth (1/4) interest in the Property.

7. On information and belief, Defendant ROBERT J. MORETTO is the Trustee of the ROBERT AND JOSEPHINE MORETTO 2011 FAMILY TRUST dated March 2, 2011 which is the owner of a one-eighth (1/8) interest in the Property.

8. On information and belief, Defendant GINA MORETTO is the owner of a one- sixteenth (1/16) interest in the Property.

o. On information and belief, Defendant CHRISTINE WISHNOFF is the owner of a one-sixteenth (1/16) interest in the Property.

10. The true names of defendants sued as DOES are unknown to Plaintiff. DOE defendants 1 through 25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. DOE defendants 26 through 50 are persons whose capacities afe unknown to Plaintiff.

10. The true names of defendants sued as DOES are unknown to Plaintiff. DOE defendants 1 through 25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. DOE defendants 26 through 50 are persons whose capacities afe unknown to Plaintiff. Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105 Tel (415) 778-0800 | Fax (415) 778-0700

Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105 Tel (415) 778-0800 | Fax (415) 778-0700

www .hedanichoy.com

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11. This Court is the proper court because the principal place of Defendant is in this jurisdictional area and injury to Plaintiff occurred in this jurisdictional area.

GENERAL ALLEGATIONS

12. . On or about May of 2012, Defendant SURYA INVESTMENTS, LLC dba EUROPA HOTEL hired Plaintiff PERDUR POOJARY.

FIRST CAUSE OF ACTION PREMISES LIABILITY

(Against all Defendants)

13. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding paragraphs of this Complaint.

14. Defendants negligently owned, maintained, managed, and/or operated the real property located at 310 Columbus Avenue, San Francisco, California, including but not limited to failing to provide proper security.

15. Defendants negligently owned, maintained, managed, and/or operated HOTEL EUROPA, including but not limited to failing to provide proper security.

16. Defendants willfully and maliciously failed to guard against a dangerous condition, use, or activity, including but not limited to failing to provide proper security.

17. On June 27, 2013, an assailant robbed HOTEL EUROPA and assaulted and battered Plaintiff PERDUR POOJARY.

18. Plaintiff PERDUR POOJARY was injured and damaged in an amount according

to proof at trial.

SECOND CAUSE OF ACTION FAILURE TO PAY WAGES FOR ALL HOURS WORKED

(Against Surya Investments, LL.C and Does 1-50)

19. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding paragraphs of this Complaint.

20. Plaintiff PERDUR POOJARY performed work for Defendant SURYA INVESTMENTS, LLC.

21. Defendant SURYA INVESTMENTS, LLC owes Plaintiff PERDUR POOJARY

unpaid wages in an amount according to proof at trial.

unpaid wages in an amount according to proof at trial. Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Tel (415) 778-0800 | Fax (415) 778-0700

www.hedanichoy.com

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22. Plaintiff PERDUR POOJARY is entitled to recover attorney’s fees and costs under Labor Code § 218.5. 23. Plaintiff PERDUR POOJARY is entitled to exemplary damages because the

conduct was directed at an elder.

THIRD CAUSE OF ACTION FAILURE TO PAY MINIUM WAGES

(Against Surya Investments, LLC and Does 1-50)

24. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding paragraphs of this Complaint.

25. Plaintiff PERDUR POOJARY performed work for Defendant SURY A INVESTMENTS, LLC from May of 2012 through June of 2013.

26. Plaintiff PERDUR POOJARY was paid less than the minimum wage by SURYA INVESTMENTS, LLC for all hours worked.

27. The San Francisco minimum wage for labor performed for 2012 was $10.24 per hour and the minimum wage for labor performed for 2013 was $10.55 per hour.

28. SURYA INVESTMENTS, LLC intentionally and willfully failed to pay the minimum wage.

29. Defendant SURYA INVESTMENTS, LLC owes Plaintiff PERDUR POOJARY the difference between the wages paid by Defendant SURYA INVESTMENTS, LLC and the wages Plaintiff PERDUR POOJARY should have been paid in an amount according to proof at trial.

30. Plaintiff PERDUR POOIJARY is entitled to recover attorney’s fees and costs under Labor Code § 1194.

31. Plaintiff PERDUR POOJARY is entitled to exemplary damages because the

conduct was directed at an elder.

FOURTH CAUSE OF ACTION FAILURE TO PAY OVERTIME

(Against Surya Investments, LLC and Does 1-50)

32. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding

paragraphs of this Complaint. 4

paragraphs of this Complaint. 4 Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Tel (415) 778-0800 | Fax (415) 778-0700

www.hedanichoy.com

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33. Plaintiff PERDUR POOJARY worked overtime hours.

34, Plaintiff PERDUR POOJARY was not paid for all of the overtime hours worked.

35. SURYA INVESTMENTS, LLC intentionally and willfully failed to pay overtime.

36. Defendant SURYA INVESTMENTS, LLC owes Plaintiff PERDUR POOJARY overtime pay in an amount according to proof at trial.

37. Plaintiff PERDUR POOJARY is entitled to recover attorney’s fees and costs under Labor Code § 1194.

38. Plaintiff PERDUR POOJARY is entitled to exemplary damages because the

conduct was directed at an elder.

FIFTH CAUSE OF ACTION FAILURE TO PROVIDE MEAL AND REST PERIODS

(Against Surya Investments, LL.C and Does 1-50)

39. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding paragraphs of this Complaint.

40. Defendant SURYA INVESTMENTS, LLC failed to provide meal or rest periods to Plaintiff PERDUR POOJARY.

41. SURYA INVESTMENTS, LLC intentionally and willfully failed to provide meal and rest periods.

42. Defendant SURYA INVESTMENTS, LLC owes Plaintiff PERDUR POOJARY additional pay for meal and rest periods in an amount according to proof at trial.

43. Plaintiff PERDUR POOJARY is entitled to exemplary damages because the

conduct was directed at an elder.

SIXTH CAUSE OF ACTION FAILURE TO FURNISH WAGE STATEMENTS

(Against Surya Investments, LL.C and Does 1-50)

44. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding

paragraphs of this Complaint.

paragraphs of this Complaint. Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Hedani, Choy, Spalding & Salvagione, LLP 595 Market Street | Suite 1100 | San Francisco CA 94105

Tel (415) 778-0800 | Fax (415) 778-0700

www hedanichoy.com

O 00 N N R W

45. Defendant SURYA INVESTMENTS, LLC failed to furnish wage statements to Plaintiff PERDUR POOJARY.

46. SURYA INVESTMENTS, LLC intentionally and willfully failed to furnish wage statements.

47. Plaintiff PERDUR POOIJARY is entitled to penalties in an amount according to proof at trial.

48. Plaintiff PERDUR POOJARY is entitled to recover attorney’s fees and costs under Labor Code § 226.

49, Plaintiff PERDUR POOJARY is entitled to exemplary damages because the

conduct was directed at an elder.

SEVENTH CAUSE OF ACTION WAITING-TIME PENALTIES

(Against Surya Investments, LL.C and Does 1-50)

50. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding paragraphs of this Complaint. |

51. Plaintiff PERDUR POOJARY is entitled to receive an award of civil penalties based on the number of days SURYA INVESTMENTS, LLC failed to pay Plaintiff PERDUR POOJARY wages when due.

52. SURYA INVESTMENTS, LLC intentionally and willfully failed to pay these wages.

53. Plaintiff PERDUR POOJARY is entitled to waiting-time penalties in an amount according to proof at trial.

54. Plaintiff PERDUR POOJARY is entitled to exemplary damages because the

conduct was directed at an elder.

EIGTHT CAUSE OF ACTION UNFAIR BUSINESS PRACTICES

(Against Surya Investments, LL.C and Does 1-50)

55. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding

paragraphs of this Complaint.

paragraphs of this Complaint. 56. The above violations of the Labor Code and Industrial Welfare Commission Orders are unfair business practices under Business & Professions Code § 17200 et seq. 57. Plaintiff PERDUR POOJARY is entitled to damages in an amount according to

56. The above violations of the Labor Code and Industrial Welfare Commission Orders are unfair business practices under Business & Professions Code § 17200 et seq. 57. Plaintiff PERDUR POOJARY is entitled to damages in an amount according to

proof at trial.

NINTH CAUSE OF ACTION ELDER FINANCIAL ABUSE

(Against Surya Investments, LLC and Does 1-50)

58. Plaintiff PERDUR POOJARY incorporates the allegations in the proceeding paragraphs of this Complaint.

59. Defendant SURYA INVESTMENTS, LLC violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of Plaintiff PERDUR POOJARY.

60. Defendant SURYA INVESTMENTS, LLC took, appropriated, retained, and/or withheld Plaintiff PERDUR POOJARY’s property, including his wages.

61. Plaintiff PERDUR POOJARY was over 65 years of age at the time of the conduct.

62. Plaintiff PERDUR POOJARY was harmed.

63. Defendant SURYA INVESTMENTS, LLC was a substantial fact in causing Plaintiff PERDUR POOJARY’s harm.

64. Defendant SURYA INVESTMENTS, LLC acted with recklessness, oppression, fraud, and/or malice in committing the financial abuse.

65. Plaintiff PERDUR POOJARY was injured and damaged in an amount according to proof at trial.

66. Plaintiff PERDUR POOJARY is entitled to recover attorney’s fees and costs under the Elder Abuse and Dependent Adult Civil Protection Act.

67. Plaintiff PERDUR POOJARY is entitled to exemplary damages under the Elder

Abuse and Dependent Adult Civil Protection Act