On 12/04/2017 SCHINDLER ELEVATOR COMPANY filed a Contract - Other Contract lawsuit against THE BELMONT HOMEOWNERS ASSOCIATION. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Foiles, Robert D, Grandsaert, John L., Karesh, Jonathan E., ETEZADI and KARESH. The case status is Pending - Other Pending.
Pending - Other Pending
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
Foiles, Robert D
Grandsaert, John L.
Karesh, Jonathan E.
KINSEY, RICHARD DAVID
KLESCHEVNIKOV, ALEKSEY P.
THE BELMONT HOMEOWNERS ASSOCIATION
MAX AND TRUDI BOSEL FAMILY TRUST
BRAMLETT EUGENE W&W TRUST
FERDOWS GHODSI TRUST
THE GHODSI FERDOWS TRUST
Lee, Paul K.
LEE, PAUL K
STAPLES, WILLIAM H
STAPLES, WILLIAM H.
Notice of Mandatory Settlement Conference and Jury Trial
*CIV Minute Order - Case Management Conference Judicial Officer Foiles Robert D Hearing Time 9:00 AM Result Held Parties Present PlaintiffAttorney: STAPLES, WILLIAM H
Case Management Statement
Case Management Statement
Notice of Entry of Dismissal and Proof of Service
Answer (No Fee) ANSWER TO THE BELMONT HOMEOWNERS ASSOCIATION'S CROSS COMPLAINT Comment ANSWER TO THE BELMONT HOMEOWNERS ASSOCIATION'S CROSS COMPLAINT
Answer (Unlimited) Answer TO COMPLAINT Comment Answer TO COMPLAINT
Stipulation TO CONTINUE TRIAL Comment TO CONTINUE TRIAL
Ex Parte Application TO CONTINUE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PAUL K. Comment TO CONTINUE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PAUL K. LEE
Notice & Acknowledgment of Receipt of SUMMONS COMPLAINT, NOTICE OF CMC, NOTICE OF PENDENCY OF ACTIO Comment SUMMONS, COMPLAINT, NOTICE OF CMC, NOTICE OF PENDENCY OF ACTION (LIS PENDENS), CIVIL CASE COVER SHEET
Request For Dismissal Partial (for multiple parties) Without Prejudice Comment Without Prejudice
Summons Cross-Complaint for Civil Division
Notice of Pendency of Action (Lis Pendens)
Notice of Case Management Conference
Summons Issued / Filed
Civil Case Cover Sheet
DocketJury Trial. Additional Info: Judicial Officer Karesh Jonathan E. Hearing Time 9:00 AM Cancel Reason Request for Dismissal Comment Jury Trial time estimate; 7 days.Read MoreRead Less
DocketNotice of Entry of Dismissal and Proof of Service. Additional Info: Notice of Entry of Dismissal and Proof of ServiceRead MoreRead Less
DocketNotice of Entry of Dismissal and Proof of Service. Additional Info: Notice of Entry of Dismissal and Proof of ServiceRead MoreRead Less
DispositionDisposition: Judgment; Judgment Type; Dismissal - With Prejudice; Party; Names: THE BELMONT HOMEOWNERS ASSOCIATION; SCHINDLER ELEVATOR COMPANY; DOES 1 - 10; ROES 1 - 10; Comment: AS TO CROSS-COMPLAINT OF THE BELMONT HOMEOWNERS ASSOCIATION- EACH PARTY TO BEAR THEIR OWN FEES ANDCOSTS.Read MoreRead Less
DispositionDisposition: Judgment; Judgment Type; Dismissal - With Prejudice; Party; Names: SCHINDLER ELEVATOR COMPANY; THE BELMONT HOMEOWNERS ASSOCIATION; SCHMIDT CHRISTINA; GEITNER, MICHAEL; SHI, HAOFAN; KLESCHEVNIKOV, ALEKSEY P.; THE GHODSI FERDOWS TRUST; KINSEY, RICHARD DAVID; FALCIANO, THOMAS; FALCIANO, JOAN; BRAMLETT EUGENE W&W TRUST; MAX AND TRUDI BOSEL FAMILY TRUST; FERDOWS GHODSI TRUST; KEISSLER, HANS; KEISSLER, ROSA; MCCORMICK, DAVID; LI, YAN; LILA LEHTO TRUST; ANTONY, CHAO; CHAO, ANGELA; DOURAGHY, HALEH; WENG, WENWEN; CHEN, SHUO; SHUM, SHUI FONG; GABRIELLE, ROSE; SYLVIA LAU TRUST; SHUEH, TRICIA TE SHING; MIRCHI, MAHIN; FOSTER, STEPHEN; COOKE, MARIA TERESA; SUBEDAR, FEROZ; SHAHDAR, LEILI; SHAHDAR, PARISSA; PATEL, MANAN; PRAKASHCHANDRA, BRAHMBH; AMAK, PIRET; BEMAUL, RONALD; PHAM, KAREN; LI, MANQUN; LU, JIAN JUN; LEE FRANKLIN LIVING TRUST; SHANDONAY, MARY; TORRES, DOUGLAS R.; MYMA LACSON LIVING TRUST; KHOSHNEVIS, SUZAN R.; KAREEM, OMER A.; CITY OF BELMONT; PEREZ, R.; MORADI, ELHAM; KAWAR MUNA FAMILY TRUST; FARIBA FARZANEH TRUST; THE HAMID AND NILOUFAR FARZANEH TRUST; VENTI, JUNE; KUNI, SATOKO; MARY ANN MOLTENI TRUST; STANLEY HUMPHREY TRUST; ROBERT RE LIVING TRUST; LUCIE JENCEK TRUST; SHILMAN, ELLA; SHILMAN, NAUM; GHORASHI, MAHNI; HUMPHREY, MARY JANE; ASSEFA, KARINA; NIKNAM, NICKY; WOON, PAUL; WOON, LIN-SUN; DAHLIN, NICOLE; GAST, TIMOTHY M.; CHIAO CHUNG LIANG & CHI S TRUST; COLE, KENNETH; ZUZANKA, DMITRY; ZUZANKA, VOSKY; GUNAWAN, LITA; LIU, KWANG; CHIEN, HUMEL; ROSEHIARY DUCKETT TRUST; MEI, DAN; YING, MING; ROTHENBERG, ZAHRA; YUZHANIN, ALEKSEY; SFRAZO, DONNA L; AKRAN ATRI-GHOMIZADEH TRUST; NOSRATI, ALI; AARON A. RANG TRUST; HAO, JIANHUA; MARSHALL & ANDERSEN TRUST; YOUSSEFI, HELGA; YOUSEFFI, DARIUSH; BANAIE, SAEED; DONALD AND SILVAN TORRE TRUST; KOMISSAROV, PAVEL; KOMISSAROV, IRINA; KILROY, JEANNINE M.; SHERWIN, WILLIAM; RICKY GHILARDUCCI TRUST; PHYLLIS IACAMPO FAMILY TRUST; SO, LAI P; EDWARD NELSON TRUST; MICHELSEN, MICHELLE P.; KIM, CHUNG IM; THE EUGENE TSIANG TRUST; MYRA ALICE STRENG TRUST; DANIEL MARTINELLI TRUST; BRASEL, KEITH; BRASEL, ALLAN; DOLORES TRUST; VOLKHOVER, VLADIMIR; VOLKHOVER, PAVLOVICH; WANG, JONATHAN; LO, WINNIE; JEAN FOX FRIEDMAN TRUST; SCHMIDT, KENNETH; YORIKO, BIRDIE YORIKO; JANET LAIN TRUST; JYE-NIEN, MICHAEL; YU, JOAN L; BARBARA ZANETTE TRUST; THE PAUL K. SEGERHAMMAR TRUST; VICTOR G MARAS INC.; ROGHMANN, LEE; XUNHUA, SARAH; CHUI, FRANCIS; CHUI, LINDA; KIM, INKNANG; POLISSKY, YURI; POLISSKY, HULA; SEMAKOV, ALEXEY; BAHRAINI, JOOBIN; JOY A. FORD TRUST; KATHLEEN PODOLSKY TRUST; POWERS, MARIANN; GLENDA DASMALCHI TRUST; WITCHER, RODNEY; BONAM, COURTNEY; POLYAKOV, MASHA; POLYAKOV, MICHAEL; KIM LIOU TRUST; WINNIE ANN BIOCINO TRUST; YOUSEFFI, HELGA; YOUSEFFI, DARIUSH; CHEN, ROSALYN; KURUVILLA, ROHAN; DESHPANDE, RUCHI; DELVECCHIO, ROBERT; PIERCE AND AIMEE FONG TRUST; FENBERG, MELISSA; PIATROUSKI, HANNA; PIATROUSKI, ALIAKSEI; SIMIN HADAYAT TRUST; TAHERIAN, IRAJ; TAHERIAN, HENGAMEH; KANTAWALA, KAUSHAL K.; BON, SONIA K.; SALLES, BELINDA; SALLES, JUDE; MAHMOUD OLOUMI TRUST; RUGGIERO, LISA A.; YANCHER, VLADIMIR; CHERVINSKAYA, OLGA; KEIHANI, IRAJ; MANDAVI, SHIRIN; FRENZEL, CONNIE; LUVISOTTI, MAURO; YAO, EDWARD; RUANO-YAO, MIMA; YELENA MALAGA TRUST; SUZANNE MOZAYENI TRUST; DOWLAT EZZATI TRUST; DAVID AND MARK HAUMESSER TRUST; OVACIK, AYSE; ROBERT GEORGE GOTTSCHALK TRUST; BERRY, LEONARD R.; EUGENE BRAMLETT TRUST; BOEDEKER, SUZANNE; CAPUTO, CHRISTOPHER; SI, XIU FAN; JOHNSON, SEAN L.; WENTWORTH, WILLIAM P; GUIAO, DEBORAH; VIVIEN AND ALEX CHEN TRUST; STRAUSS, MICHAEL; JULU, MAUDE LYLA; CALVO, VINCENT R.; NATHAN TEISMAN AND VENITA CHANDRA TRUST; CALVO, VINCENT R; TEISMAN, NATHAN; VENITA CHANDRA TRUST; B. BETYAGHOUB LIVING TRUST; CARPENTER, DONNA; FARHAD KHALILI TRUST; SHAHRZAD HAGHPARAST TRUST; JI, XIA; NG, ANDY HUNG; SHIMIKERI, KISHORE JONNALAGADDA; EDWARD TUOHY TRUST; DEBORAH COVELL TRUST; SHUEH, TRISHA TE SHING; STEPHEN CARROLL TRUST; GIOVANNI TEMPESTA TRUST; TAO, ZUOYU; SOLYANIK, TATYANA; SOLYANIK, GENNADIY; LI, CATHY Y.; BRITTMARIE STEELE TRUST; CITY OF BELMONT; WILSON, BETTYE L.; KUTAKA-KENNEDY, JOY; ZAKERI, MOE CLEMENTS; JOSEPH P. FRANK TRUST; ZHUANG, LIMING; YEE, STEPHANIE; YEE, LARISSA; BAYLOCK, NICHOLAS M.; ZHU, YUAN-XIANG; YU, SHURONG; MILMAN, NOAH; KLEINER, JESSICA; TONG, STEPHEN; TONG, ANDREA; DRYER, DAVID CHRISTOPHER; SHENOY, SAPAN; KAMATH, DEVIKA; LOPEZ, RICHARD S.; RAISNER, RYAN M.; EUGENE TSIANG TRUST; NANCY SYLVIA BARNETT TRUST; MORAN, JOSHUA R.; HENDRIX, MATTHEW; HENDRIX, MICHAEL; CHEHEREGOSHA, ALI; WILLIAM HENRY GREEN TRUST; MOBARREZ, NAHID; HEIDARZADEH, BALLARAK; GONG, NORMAN; SUSAN LEE SUSAN TRUST; JACOBS, ELIZABETH; JACOBS, CHRISTI; MARJAN TEYMOURTASH TRUST; MIOCHNIK, MARGA; MIROCHNIK, DIMITRI; RAHNEMA, FERESHTEH; ZARGHAMI, FATEMEH; BOROUMAND, MINOU; BOROUMAND, ENAYATAL; RUTH AND SCHMIDT TRUST; MINHAS, GURJIT; CHEEMA, RUPINDER; KRISHNAMURTHY, DEVAI; AYYAPAN, UMA; SOARES, CYNTHIA; MILLS, JENNIFER; ATASHIRANG, GHASSEM K.; FERRARI, JACK; FERRARI, KIMBERLY; TRAYLOS, BEVERLY J.; MARIE LENORA LEE-MASIS TRUST; NAREN, DARSHAN REVAR; YU, ALLISON JUDY; MALEK, NADERI ALIZADEH; SAWCZUK, SUSAN M.; AZARNOOSH, PETER; LAM, REBECCA ANNE; RONDA DAVE TYCER TRUST; MATSUUR, SCOTT TADASHI; JASMIN, ISET; DRBAL, VLADIMIR; DRBAL, ANNELIESE; KULKARNI, PADMAKAR; KULKARNI, SUMA; FEDOSOVA, OLGA; BOROUMAND, BEHZAD; BOROUMAND, TATIYANA; DANIEL ADAM COROPASSI TRUST; LOMBARD, ALEXANDER; BIDDLE, STEPHANIE; VISAN, MIHAI; CHENG, CECIL; MARGARETE BODMER TRUST; CHANG, JOHN; JOHN YU AND PING WEN TRUST; CHANG, ORPHA; ENRIQUEZ, FARID; DABLIZ, KAREN; CHOU, AMY L.; HOSSEINI, ZAHRA; HOSSEINI, ALI AKBAR; HEIDARGHO, VICTOR ANTHONY; HEIDARGHO BOROUMAND TRUST; HAGHIGHI, GHOLAMREZA NAVID; WENMAN, JOHN; RADOST, R.; LUTTRELL, NORMAN W.; DORONIN, OLEG BORISLAYSKAIA; DOES 1-100; DOES 1 - 10; ROES 1 - 10; CHAO, ANTONY; VOSKY, DMITRY; VOSKY, ZUZANKA; PERITORE, VICTOR ANTHONY; Comment: ENTIRE ACTION - EACH PARTY TO BEAR THEIR OWN COSTS AND FEES.Read MoreRead Less
DocketRequest For Dismissal. Additional Info: Request For Dismissal With Prejudice- ENTIRE ACTION- EACH PARTY TO BEAR THIER OWN FEES AND COSTS Comment With Prejudice- ENTIRE ACTION- EACH PARTY TO BEAR THIER OWN FEES AND COSTSRead MoreRead Less
DocketRequest For Dismissal. Additional Info: Request For Dismissal Comment With Prejudice- AS TO CROSS COMPLAINT - THE BELMONT HOMEOWNERS ASSOCIATIONRead MoreRead Less
DocketMandatory Settlement Conference. Additional Info: Judicial Officer Grandsaert John L. Hearing Time 1:30 PM Cancel Reason VacatedRead MoreRead Less
DocketNotice of Un-conditional Settlement of Entire Case. Additional Info: Notice of Un-conditional Settlement of Entire CaseRead MoreRead Less
DocketNotice of Mandatory Settlement Conference and Jury Trial. Additional Info: Notice of Mandatory Settlement Conference and Jury TrialRead MoreRead Less
FinancialFinancial info for SCHINDLER ELEVATOR COMPANY : Case Payment Receipt # 2017-082205-HOJ ONE HOUR DELIVERY SERVICE $435.00Read MoreRead Less
FinancialFinancial info for SCHINDLER ELEVATOR COMPANY : Transaction Assessment $435.00Read MoreRead Less
FinancialFinancial: SCHINDLER ELEVATOR COMPANY; Total Financial Assessment $435.00; Total Payments and Credits $435.00Read MoreRead Less
DocketCause Of Action. Additional Info: Action Complaint File Date 12/04/2017Read MoreRead Less
DocketNotice of Pendency of Action (Lis Pendens). Additional Info: Notice of Pendency of Action (Lis Pendens)Read MoreRead Less
DocketNotice of Case Management Conference. Additional Info: Notice of Case Management ConferenceRead MoreRead Less
DocketSummons Issued / Filed. Additional Info: Summons Issued / FiledRead MoreRead Less
DocketCivil Case Cover Sheet. Additional Info: Civil Case Cover SheetRead MoreRead Less
DocketComplaint. Additional Info: ComplaintRead MoreRead Less
DocketNew Filed Case.Read MoreRead Less
| Facsimile: (650) 365-4206
LAW OFFICES OF KEVIN D. FREDERICK Kevin D. Frederick (CSB #83431) Paul K. Lee (CSB #192812)
605 Middlefield Road o T Redwood City, California 94063-1890 W w1 Telephone: (650) 365-9800 gar AATED COUNTY
JJAN.2 5, 2018
Attorneys for Defendant
SCHINDLER ELEVATOR COMPANY, ) Case No.: 17 CIV 05529 ) Plaintiff(s), % Vs. ) CROSS-COMPLAINT FOR: )
ASSOCIATION, et al, ) 3) BREACH OF WARRANTY OF
Defendant(s). ) 4) NEGLIGENCE
ASSOCIATION, % Cross-Complainant(s), ) - ) ; 17— CIV - 05529 VS. ) | gfoT: Complaint
12. The ASSOCIATION incorporates by reference all previous paragraphs of this complaint as though set forth in full herein.
13. In October, 2014, the ASSOCIATION and SCHINDLER entered into a written contract (hereinafter “Contract”). A true and correct copy of the Contract is attached hereto as Exhibit A.
14. SCHINDLER agreed to modernize the elevators located at the ASSOCIATION.
15. In exchange for elevator products and services the ASSOCIATION agreed to pay SCHINDLER $887,106.00.
16. The elevator modernization project was to be completed on or before February 28, 2016.
17. SCHINDLER breached the Contract by not completing the project by February 28, 2016, by failing to follow specifications identified in the Contract, and by failing to perform work in a workmanlike manner.
18. The ASSOCIATION paid the defendants approximately $746,995.00 and performed all of its obligations under the Contract, except those of which it is excused from performing due to SCHINDLER’S breach.
19. As alegal, direct, and proximate cause of SCHINDLER’S breach the ASSOCIATION has been dam\aged in an amount to be determined at trial.
20. The ASSOCIATION incorporates by reference all previous paragraphs of this complaint
as though set forth in full herein.
as though set forth in full herein. 21. Atall times herein mentioned and material hereto SCHINDLERmerchant and seller of elevator products and services.
21. Atall times herein mentioned and material hereto SCHINDLERmerchant and seller of elevator products and services.
22. The ASSOCIATION purchased products and services sold by SCHINDLER for the ASSOCIATION.
23. The products sold and services performed by SCHINDLER were not fit for its intended use and was defective as previously alleged herein above.
24. After the ASSOCIATION discovered the defective quality of products and services, the ASSOCIATION gave SCHINDLER due and timely notice of the defective quality of the above- mentioned items. The defendant failed to correct its work.
25. The defects described above were caused by the breaches of express and implied warranties by the defendant.
26. Because of the breaches of express and implied warranties by the defendant the ASSOCIATION has been damaged over in an amount to be determined at trial.
27. The ASSOCIATION incorporates by reference all previous paragraphs of this complaint as though set forth in full herein.
28. At all times herein mentioned and material hereto SCHINDLERmerchant and seller of elevator components, the type of merchandise sold to the ASSOCIATION as herein above alleged and described.
29. The ASSOCIATION purchased elevator components from SCHINDLER. SCHINDLER at the time and place of the sale of the elevator components expressly and impliedly warranted that it would be of merchantable quality.
30. However, the elevator components were not properly constructed, and are not of merchantable quality.
31. After the ASSOCIATION discovered the defective quality of the elevator components and SCHINDLER’S work, The ASSOCIATION gave SCHINDLER due and timely notice of the
defective quality of the above-mentioned items. SCHINDLER failed to correct its merchandise or work.
defective quality of the above-mentioned items. SCHINDLER failed to correct its merchandise or work. 32. The defects described above were caused by the breaches of express and implied warranties by the defendants, and each of them.
32. The defects described above were caused by the breaches of express and implied warranties by the defendants, and each of them.
33. Because of the breaches of express and implied warranties by the defendants, and each of them, the ASSOCIATION has been damaged in an amount to be determined at trial.
34. The ASSOCIATION incorporates by reference all previous paragraphs of this complaint as though set forth in full herein.
35. SCHINDLER carelessly and negligently planned, constructed, modified, inspected, and/or performed work and services at the ASSOCIATION so as to legally cause damage to the Subject Property.
36. Because of the carelessness and negligence of SCHINDLER and as a legal result thereof, The ASSOCIATION has been damaged as previously alleged herein above described.
37. Within the last 3 yea-s The ASSOCIATION discovered the defective work to the Subject Property
38. The defects and damages described herein above were caused by the negligence and careless work performed by the defendants, and each of them.
39. As alegal and proximate result of SCHINDLER'’S negligence the ASSOCIATION has been damaged in an amount to be determined at trial.
40. The ASSOCIATION incorporates by reference all previous paragraphs of this complaint as though set forth in full herein.
41. An actual controversy exists between the parties concerning their respective rights, duties and obligations under the Contract.
42. Unless all the duties and obligations arising out of the Contract are determined in one
proceeding, there will be a multiplicity of actions to determine the rights, duties and obligations of the
proceeding, there will be a multiplicity of actions to determine the rights, duties and obligations of the parties, and the parties will be subjected to an unreasonable burden and risk of irreparable injury if the
parties, and the parties will be subjected to an unreasonable burden and risk of irreparable injury if the
rights of the parties are not determined in this one proceeding.
WHEREFORE, Cross-Complainant prays for judgement against Cross-Defendants as hereinafter
WHEREFORE, Cross-Complainant prays for judgment as follows:
DATED: \ / 2L / (&
For compensatory damages according to proof;
For liquidated damages according to proof;
For interest thereon at the maximum legal rate;
For prejudgment interest on all sums awarded at the maximum legal rate;
A judicial determination of the parties’ obligations pursuant to the Contract; For costs of suit incurred herein;
For professional, consultant and technical fees according to proof;
For damages to personal property according to proof;
For attorney’s fees; and
For such other and further relief as the Court deems just and proper.