Complaint; Filed By: American Technologies, Inc., (plaintiff); As To: Don Ferrigno (defendant); D. Ferrigno Construction Consulting Inc. (defendant); Alani Kalea LLC (defendant)
JON R. ROBERTSON, APC (SBN 134490)
Email: jrr@rc—attorneys.com
ROBERTSON & CULVER,LLP
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Su er-,o,F(3|c)IiTn of Ca\‘1t‘or;ua
gounty of L03 A“98 e
E-mail: wme@rc-attorneys.con
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[Clerk
she eputy
2601 Main St., Suite
By
Irvine, CA
5 Tel: (714) 361-
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Fax: (714) 361-
Attorneys for Plaintiff,
AMERICAN TECHNOLOGIES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
LIMITED JURISDICTION
AMERICAN TECHNOLOGIES, INC., a
California corporation,
) CASE NO.
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g COMPLAINT FOR:
Plaintiff;
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(1) BREACH OF CONTRACT;
DON FERRIGNO, an individual;
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(3) VIOLATION OF CIVIL
D. FERRIGNO CONSTRUCTION
CONSULTING INC. dba DON FERRIGNO
CONSTRUCTION; ALANI KALEA LLC;
)
)
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CODE SECTION 8800 ET SEQ.; AND
(4) FORECLOSURE OF MECHANIC’S
LIEN
and DOES 1 to 20, inclusive,
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3 (2) COMMON COUNT;
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Defendants.
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Plaintiff American Technologies, Inc. (“ATI” or “Plaintiff") alleges as follows:
GENERAL ALLEGATIONS
1.
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ATI is now, and at all times herein mentioned was, a California corporation
qualified to do business, a11d doing business, in the State of California and is
‘I ualified
to do
business as a construction contractor by the California Contractors’ State License Board,
license no. 571784.
2.
ATI is informed and believes, and based thereon alleges, that Defendant DON
FERRIGNO (“Min Ferrigno”) is a11 individual residing in the County of Los Angeles, State of
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California.
3.
ATI is informed and believes, and based thereon alleges, that Defendant D.
FERRIGNO
CONSTRUCTION (“Ferrigno Construction” collectively with DON FERRIGNO will be
referred to as the “Ferrigno Defendants”) is a California Corporation qualied to do business,
and doing business in the County ofLos Angeles, State of California.
4.
CONSTRUCTION
CONSULTING
INC.
dba
DON
FERRIGNO
ATI is informed and believes, and based thereon alleges, that Defendant ALANI
KALEA LLC (“Alani Kalea”) is a California limited liability company qualied to do business,
and doing business in the County of Los Angeles, State of California.
5.
ATI is informed and believes, and based thereon alleges, that Alani Kalea is the
owner of the real property located in Los Angeles County at 954 Somera Road, Los Angeles,
California, 90077, (the “Premises”).
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6.
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DOES 1 through 20, inclusive, are sued under their fictitious names. Their true
.
names and capacities are unknown to ATI at this time. When their true names and capacities
are ascertained, ATI will amend this Complaint by inserting their true names and capacities
herein.
7.
ATI is informed and believes, and based thereon alleges, that each of the
Defendants named above, including the fictitious named Defendants DOES 1 through 20, was
the agent and employee of every other Defendant and performed the acts and omissions
complained of herein in the course and scope of such agency and employment.
FIRST CAUSE or ACTION
(Breach of Contract Against Defendants DON FERRIGNO, FERRIGNO
CONSTRUCTION CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and
Does 1 through 10)
8.
ATI refers to paragraphs 1 through 7, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
9.
Within the past year, ATI entered into a contract with the Ferrigno Defendants
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kg and DOES 1 through 10 to provide labor, services, equipment and materials at the Premises and
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the agreement was later memorialized in writing (“Contract”). A true and correct copy of the
Contract is incorporated by reference and attached hereto as Exhibit “A.”
10.
ATI has performed all of the terms and conditions required on its part to be
performed under the Contract.
11.
The Fcrrigno Defendants and DOES 1 through 10 have failed to perform their
obligations under the Contract and have breached the terms and conditions of the Contract by
failing to pay ATI for the labor and services performed, and the equipment and materials
provided, by ATI.
12.
ATI has been harmed by the Ferrigno Defendants’ breach of contract by no less
than the principal amount of $18,722.27 plus costs and interest at the rate of 18% per annum
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per the terms of the Contract, which will continue to accrue from February 28, 2018 according
to California Civil Code Section 3287 and statutory penalties accruing thereon at a rate of 2%
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per month pursuant to California Civil Code Section 8800.
WHEREFORE, ATI prays for relief as hereinafter set forth.
SECOND CAUSE OF ACTION
(Common Count Against the Fcrrigno Defendants and Does 1 through 10)
13.
AT1 refers to paragraphs 1 through 12, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
14.
Within the past year, at the Premises in the County of Los Angeles, ATI
provided labor, services, equipment and materials to, and at the request of the Ferrigno
Defendants and DOES 1 through 10, and the Ferrigno Defendants and DOES 1 through
promised to pay ATI the reasonable value for said works of improvement.
15.
The whole of the above sum has not been paid, although demand therefore has
been made, and there is now due, owing, and unpaid by the Ferrigno Defendants and DOES
through 10 to ATI the sum of at least $18,722.27 plus costs and interest which will continue to
accrue from February 28, 2018 according to California CI'v1'l Code Section 3287.
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WHEREFORE, AT1 prays for relief as hereinafter set forth.
COMPLAINT
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THIRD CAUSE OF ACTION
(Violation of California Civil Code Section 8800 et seq. Against the Ferrigno Defendants
and Does 1 through 10)
ATI refers to paragraphs 1 through 15, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
17.
The Ferrigno Defendants and DOES 1 through 10 had and have a legal duty to
timely pay ATI the amounts earned under the Contract pursuant to California Civil Code
Section 8800(a).
18.
The Ferrigno Defendants and DOES 1 through 10 have failed to pay ATI the
earned amount of $18,722.27, despite ATl’s repeated demands therefor, and said funds are and
remain wrongfully withheld.
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16.
19.
California Civil Code Section 8800(c) provides that, if the Ferrigno Defendants
and DOES 1 through 10 have failed to timely pay ATI the money due, the Ferrigno Defendants
and DOES I through 10 shall, in addition to paying the balance, pay to ATI a charge of two (2)
percent per month on the improperly withheld amount. Further, this section provides that ATI
shall be entitled, if it prevails, to recover its attorneys’ fees and costs incurred in the action to
collect the amounts wrongfully withheld.
20.
ATI has been compelled to engage the law firm of Robertson & Culver, LLP to
prosecute this legal action. Pursuant to California Civil Code Section 8800(c), ATI is entitled
1)
to its reasonable attorneys’ fees to collect the amounts wrongfully withheld.
WI"-IEREFORE, ATI prays for relief as hereinafter set forth.
(Foreclosure of Mechanic’s Lien Against the Ferrigno Defendants, Defendant Alani Kalea
and Does 11 through 20)
21.
All refers to paragraphs 1 through 20, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
22. On May 23, 2018, ATI filed a verified Claim of Lien relating to the Premises with
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28 Mtlie Los Angeles County Rec0rder’s Office (hereinafter referred to as the “LlEN”). A true and
COMPLAINT
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correct copy of the verified LIEN is attached, marked Exhibit “B,” and incorporated by
reference.
23. ATI is informed and believes and based upon said information and belief, herein
alleges that no Notice of Completion of the work of improvement and/or cessation of labor on
the Premises was ever filed in the Los Angeles County Recorder’s Office. Further, ninety (90)
days did not elapse between the completion, if any, of the project pursuant to the Contract and
the filing of ATl’s LIEN.
24. ATI is further informed and believes and based upon said information and belief,
1.
herein alleges that Defendant Alani Kalea is the owner of the Premises, had actual notice of the
1(1)
A'l‘l project at all relevant times, and either failed to property and timely post and record a
Notice of Non-Responsibility in accordance with California Civil Code Section 8444 and
California case law and/or Alani Kalea was a “participating owner” under California law.
25. In the LIEN, ATI claimed a Mechanic’s Lien on a work of improvement on the
Premises in the amount of $18,722.27 for work and material furnished to the Premises.
addition, interest will continue to accrue from February 28, 2018 according to California Civil
Code Section 3287 and statutory penalties accruing thereon at a rate of 2% per month pursuant
to California Civil Code Section 8800. Interest and penalties will continue to accrue until the
date the judgment is entered.
In
26. Defendant Alani Kalea and Does 1 1 through 20 claim some right, title or interest in
or to the Premises; that the claim, title or interest of said Defendants, and each of them, is
junior to, subsequent to, and subject to Plaintiffs claim and lien as hereinafter set forth.
27.
accordance with the California Civil Code.
Plaintiff served Defendant Alani Kalea with a Preliminary 20-Day Notice in
28.
ATI has complied with all applicable provisions of the California Civil Code
required of a mechanic’s lien claimant.
WHEREFORE, All prays for relief as hereinafter set forth.
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COMPLAINTPage 6 §
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff American Technologies, Inc. prays for judgment as follows:
ON THE FIRST CAUSE OF ACTION:
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and Does 1 through 10, and
each of them:
A.
For damages according to the proof at trial but no less than $18,722.27;
B.
For interest on these damages at 18% per annum per the terms of the Contract;
C.
For costs according to proof in an amount the Court deems reasonable; and
D.
For any other relief the Court deems proper.
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ON THE SECOND CAUSE OF ACTION:
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and Does 1 through 10, and
each of them:
,
A.
For damages according to the proof at trial but no less than $18,722.27;
B.
For interest on these damages at the lawful rate;
C.
For costs according to proof in an amount the Court deems reasonable; and
D.
For any other relief the Court deems proper.
ON THE THIRD CAUSE OF ACTION:
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and Does 1 through 10, and
each of them:
A.
For damages according to the proof at trial but no less than $18,722.27;
B.
For interest on these damages at 18% per annum per the terms of the Contract;
C.
For a charge of two (2) percent per month on the amounts improperly withheld;
D.
For costs according to proof in an amount the Court deems reasonable;
E.
For reasonable attorneys’ fees pursuant to statute; and,
F.
For such other and further relief as the Court deems just and proper.
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ON THE FOURTH CAUSE OF ACTION:
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION, Defendant ALANI KALBA,
LLC, and Does I 1 through 20, and each of them:
A.
Adjudging that the rights, claims, ownership, liens, titles, and demands for
Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION CONS'UL"I‘lNG
INC. dba DON FERRIGNO CONSTRUCTION, Defendant ALANI KALEA, LLC, and Does
11 through 20, and each of them, in the Premises are subsequent, subject to and subordinate to
9 Plainti'l’f’s LIEN;
,
B.
Adjudging that Plaintiff’ s LIEN referred hereinabove as Exhibit "B" be
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foreclosed and that the usual judgment be made for sale of the Premises according to the law;
that the proceeds of the sale be applied to pay the amount claimed by ATI, together with
interest thereon at 18% per annum per the Contract from February 28, 2018 to the date of the
Judgrnent, due Plaintiff; that the interest of all of the Defendants in and to said Premises, and
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all persons claiming under any of them, be adjudged and decreed subsequent and subject to
Plaintiffs LIEN whether as lien claimant, judgment creditor, purchaser, encumbrancer, or
otherwise and that they be barred and foreclosed from all rights, claims, interest, or equity of
redemption in the Premises and every part thereof when time for redemption is passed;
2]
C.
Adjudging that Plaintiff be permitted to become a purchaser at the foreclosure
sale of the Premises;
D.
For ATI ’s costs of recording and verifying the LIEN; and
E.
For reasonable attorney fees and costs according to California Cz'vz'/ Code
Section 8800; and
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F.
For such other and further relief as the Court deemsjust and proper.
ROBERTSON & CULVER, LLP
Dated: August 1Q,
By:
Walter M. Crandall, Esq.
Attorneys for Plaintiff,
AMERICAN TECHNOLOGIES, INC.
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EXHIBIT A
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Job No
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WORK PROPOSAL AND AUTHORIZATION
/\meIIcan Tecllnologresr Inc (lhc "CoIIlraclor“) makes lne rorlcwrng wcr'II proposal (lne 'Proposnl') In W Famcw
(me ‘Cl;onl').
WORK: Cc-nlraclor wrzl rurnrsh all mnro.-Ials. equiprnr-:-nl_ subcorllraclors and perrorm ail labor necessary lo complete the lo‘.lw;lng work (lne "Work";
En:e',:. xmecc - Fr.rD"¥!n! Wlly
Contractor shall carry adequate commercial Iinblirly Inszrrarzce and workers cormrznsalznn Insurance In lne amount sugalry requlrod and wrll pay all ledaral
and stale laws on llre mazerlals and labor Included In the Work, Conlrarzlcr snail be ucllng solely (or the Clrenl and not for ClIuIIl‘s lII$Ur£.‘f.‘Bd;ll‘3IOI
fl/ark
CONTRACT TIME: I! lhls Proposal rs oocouled on or before 3-'9 =(lhe "Pr0DO9lll Dosnirrle ) llIcI
I-.Ill be sraned by
_‘;‘}_‘?__,________,___,__and vnllbe subslanllaily contpiuled by:
The Work vl-Ill be parfonllod as axrrodrllously as
reasonably posslble In a good and workrnanlrlre manner The Work vnil be consrdared su:IstaIIl:aIay cernplele when all elernanls ol Ina Work have been
oarnpleled axccpl for rnrnor Lrnflmshud ilems that do not prevent Cll-anI‘5 berladnl use and legal occupancy or me ;obsIlre. The above srurr dale and wnrpierlon
data are eslzmalns and are sub;e\*.l lo delays mused by bad weelher frre Road or other casually‘ labor drsnules unu5u.3l delay zn obleIIII:n 9 malrrrmls. changes
ordered In the Vl/ork, concealed, unknovm or unusual condllrcns or olher causes beyond Ccnlrsclors reasonable Control
INSURANCE; Clram hereby (1) assrgns lo Conlmclor_ Clzenls rlglll lo be paid Il1SUl’Bl\C9 proceeds relalrng lo the Worl<_ (2) appoinls Conlraclor as
Clronls allornoy-in-facl lo endorse insurance chcr-zks |S5\.If.‘d In C.'=enls name (3) rnslrucls Clienrs insurc-I Io erlrlnr pay me Insurance proceeds duo
relnllelg lo lha Work dlreclly lo Conlraclor or lo Insert ConlI‘a:.loI‘s name In each rnsuranrze check or man made In payment or the loss and send such
payntorll Io Contractor. (4) agrees lo pay drreclly lo Ccnlmclor any amounl not covered by Cllenrs msurm, (5) shall, unless Conlraclor agrees
olherwrsa, carry adoqlrale properly damage and lrebilrty Illsuranco lo cover me work
conrrmc T sum:
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Aullronze to commence Work wrln lhe Lrnderslandrng lhnl all oasis and lerms wzll be an derail and sulmlrlled In Wflllng lo Clzonl
Flxud Sum als
Trmo 8. PI-IaIerlBIS lo Include labor, nralerrals. equipnlcnl and olhor cosls (see allacnerr leo Schedule]
PAYMENT TERMS. Paymenl shall bra made E} by single payment I] 33 019 Work progresses accord-.ng lo lho lozlovnng scllradlrle
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The enlxro balance (If any) ls duo wIuIIn 10 days aller sIIhstanl:al complelian NI deducrlble arnounls not covered by Insurance and all addrlsonal Work
nulhorlzod III a change order must also be pard and are due upon acccolance olworll.
JUDICIAL REFERENCE-' II ellhal‘ lmrly lo lhrs Agreemenl commences er lawsuzl for a dispute arrsrng okrl or or re-laled lo UIIS Agreernonl. all ol Ina Issues In
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such acl:on_ wholher of loci or law. shall be submzlled lo general Iud=c::I' reference I>ursr.Ianl lo Catslornra Code or Crvrl Procedure. Soclrons 638 and W009’! 545 1. Inciusave. or any succassor slalules the-relo The bodies lo lhls Agroomenl snail co-:5-emle In good la-zlh lo ensure that all necessary and
approarrnlrz oarlles are Included In lhe Iudrcral reference proaeedzng Corllraclor shall not be requlred to rmnrcrpaln In the )udlc:al rglerence pr<;»caed:ng
unless II is sallsed rhal all necessary and approprrare padres wlll {)erl:c‘-pa!G The Padres shall sham oouazly lha lens and -zcsrs or lnr; relreron, unless the
Ieleren orders orhmwlse The Parlres shall bear lherr own attorneys’ fees.
The general rrxlerae slmlr have me aulhonly to try azl Issrras. vmollrer or lacl or law and lo repon er slalemenl or docrsrsn lo lnu courl The parlzes shall use
rho procedures adopled by me Judlcxal ArbIlrmIoII and Medlerrurr Servrcos (J/\l‘.l5er) (or Iudrclal mlerenca (or any ulhel eIIlILy ollormg 1udlCl(\C roreronoe
dispum resolulrcn procedures as may be mulually accoplable lo the padres)
ll Is agreed lhal llxe (allowing ruins and rzrocedures shall apply in all cases. unless the padres agreu 0lh9f\'.‘I5l‘ and wI:I conrrol should Illere bra any caonlrrcl
\-nlh lilo rules of JAMS or any other entrly oriennn Iudxcml relerenco dispule rcsolulzon rxroccdures
(1) The pmceedlllgs shall be heard In rho Counly wlwro the properly ‘Is localed;
(2) The reloree musl be a neutral and Impanral relrred judge are lzcensed attorney wrln subsramzzrl exponence In the reievanl areas or law;
(3) Any drspuld regardrng the seleclron ol the referee shall be resolved In accordance wrlh pl’O‘IISIOI‘lS sel lcr1lI III Caklarnea Code or Crvil Procedure
Secllon G-I0(b);
(4) Tna roloree may roqulre one or more provhearrng coninronces
(5) Tho narlsos shall be ezrlrlled to daacuvery as provldod by Carrlonlia law and Ihe relrzroo shall oversea dIsI:ovory and may enforce all drscovery
orders "In Ihe same manner as any lrrnl counrudglz‘.
(6) A slenograpllrc record of me lrral shall be made provldml llrel lhe racord shall rnnraén condrmlrar except as may ba Imcessary lor posl-lrearzng
molrons or any appeal‘
(‘II The rernrue 5 slarelllorrl of d8Cl5l\'In shall conlem llndrngs or (ad and conclusrons or law lo mo ezlenl applrcabla and
(BI The releree shall have lho aulhorrly lo rule on all posl-llearlng rnollens In Ihe same mzsnllr.-l’ as 3 mar Iujgc
Tho slalemenr ol decrsion of H19 releroo upon ail 01 me Issues consrdorod by me roferee rs brndrng upon the parlles and upon nlrng or me slalemenl or
doclsrcrv wllh lhe clerk or me coun_ or vnlh lhe judge whore lllere I5 no clerk Judgmerll may be errlerod thereon. The decrslon of lhe mlaroe shoal: bu
appealable as rl rendered by me court
LIMITATION OF LIABILITV: Clrenl agrees lnal CorIlIa.:lnr‘s lrabllrly luv any breach tor Ir-us agmolnunl and lor any rnerlms anslng out or or relalgd Io
Contractors work under lhls agroemenl, shall be hmited to me amcunr paid by Claent lo Conlraclor lor Ccrllmctors 'mr'.< under lhrs agroerIIeIIl.
SUBMISSION AND ACCEPTANCE
Resooclfnlly submrllod by Conlraclor
Amerrcan Tochnclogles, Inc. a Cerlrlomra Ccrporalion,
LICENSE No. 57178::
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Chen! hereby accepls rm) foregoing Proposal
nmnnor specrrrod
Ngn}g_ 2:;-.r /::cer
HIS R€'Ql$lf8|;Ol'l (1 _%’l7’»5 5?
The Ccnlractor Is aIIIhonzer.I lo do me Work as Indrcaled and Cllenl v.‘IlI my lot II In lhe Irma and
Accepted by Cllenl:
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CLlEN‘l“s RIGHT To CANCEL. Client may cancel this Proposal, and receive a reiund of any lunds Client has deposited tor any work
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Contractor has not yet done until midnight of the third (3"’) calendar day alter the day on which Client accepts this Proposal (the “Client
cancellation Deadline"). by delivering written notice 01 such cancellation to Contractor on or beiore the Client Cancellation Deadline. if
client does not deliver the cancellation notice by the Client cancellation Deadline. Client shall be conclusively deemed to have waived
Client's cancellation right under this paragraph.
DISPUTES: All disputes involving claims oi $5,000 or less shall be resolved in small Claims court in Orange County. Calllornla. unless
the parties mutually agree otherwise.
PAYMENTSCHEDULE TERMS: The tollov.-ing terms apply to the payment schedule:
1.
ii the payment schedule provides tor a down payment be-lore the Work begins‘ such down payment shall not exceed $1,000 or 10% oi the
Contract price. excluding finance changes. whichs-ver is less.
2.
in no event shall the payment schedule provide for Contractor to receive. nor shall Contractor actually receive. payment in excess of 100% of
3.
the value 01 the Work, excluding finance charges.
Contractors .’!)liU!e.\‘vttl’l0Ull£1\§-‘iul excuse to substantially begin the Wont within 20 days after the estimated Start Date. shall postpone the next
succeeding payment to Contractor tor the period oftime equal to the period of delay in excess of 20 days after the estimated Start Date.
4.
5.
The terms specied in paragraphs l-3 above. shall not apply when the Contractor has provided a performance and payment bond. lien and
completion bond. bond equivalent. or joint control approved by the Registrar of Contractors. or when the parties agree to lull payment to be
made upon, or tor a schedule or payments to begin. alter satlsiactory completion or the Work.
Any payment due-and unpaid under the Contract shalt bear interest from the date payment is due until the date paid in lull at the highest rate
then permitted by law.
LEGAL RIGHTS AND REQUIREMENTS: To secure payment or all amounts on-red tor Contractors work and providing storage and protection tor
Client. Client-acknowledges that Contractor has a lien on all property oi Client in C.ontractol‘s possession pursuant to Civil Code §.305i and
vcommerclal Cooie §7209, Removal oi hazardous materials, including asbestos. is subject to additional legal requirements and is not a part ‘oithls
Proposal. Client should inform Contractor ii Client is aware oi any asbestos or lead in any part oi the jobsite (built before 1978‘). It the contract
resulting from acceptance of this Proposal.cons.iilulesva home solicitation contract (Civil Code Section ‘l8l39.5)_ Client acknowledges that the
Contract was initiated by Client or Clleni"s representative and that by accepting the Proposal (which includes the personal statement required by
Civil Code Section 1689.13); Client is waiving any right to cancel under Section 1589.SEVERABIUTY‘. ii any provision oi this contract is held by a court at competent jurisdiction to be void or unentorceablc. the remaining provisions
of this con'trac_i shall remain in effect.
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CHANGE ORDERS: -A change order is an amendment to the contract signed by Client and Contractor that authorizes a change in the Work or an
acllustnleni in the Contract Sum or the Contract Time. Client may request a change order tor a change in the went. out such change order shall
not be eiiectlve or become it part of this contract until accepted and signed by Contractor. contractor is entitled to a change order for delays
encountered inihe Work, for concealed. unitnovm or unusual conditions, for extra ‘.»rcn< actually performed. and tor new or additional governmental
requirements concerning or atfectlng the Work '.~.-hlch become eliective during the Contract Time, that in Contractcrs iudgmeni. maites the work
more expensive. burdensome or- time-consuming.
BONDS: Client maylrequire Contractor to obtain a performance and payment bond. ll client requests that such a bond be provided. Client shalt
f€in1b(lr58.CC_i1liaCi_0f tor the cost of the bond.
CONTR.Ac;ToRS ARE REQUIREDLBY l_.AW_ To BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD, ANY
QUESTIONS CONCERNINGA CONTRACTOR MAY BE REFERRED TO THE REG-iSTRAR, CONTRACTORS’ STATE LICENSE BOARD. BUSINESS ‘PARK DRNE. -SACRAMENTO. CALiFORNiA. 95327: PO. BOX 26000. SACRAMENTO. CA 95828.
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NOTiCE To OWNER
(SECTiON 7030 OF THE BUSiNESS AND PROFESSiONS CODE)
lniormaiion about the Contractors‘ State License Eoard (CSLB):
CSLB is the state consumer protection agency that licenses and
regulates construction contractors,
Contact CSLB {or information about the licensed contractor you are considering, including information about rlisc-icsable complaints, y
i disciplinary actions and civil judgments that are reporledrto C-SLB.
y
y Use only licensed contractors. iiyou le a complaint against a licensed contractor within the legal deadline (usually four years), CSLB l
g has authority to,-investigate the ‘complaint. if you use an unlicensed contractor. CSLB may not be able to help you resolve your
complaint. Your only raniedy may be in civil court. and you may be liable for damages arising out oi any injuries to the unlicensed a
contractor or the unlicensed contractors employees,
,
For more information:
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Visit CSl.B‘s Web site at W.-A*r.C$m,_g_q,>g9_y
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Cali CSLB at.800-321—CSLB (2752)
Write CSLB at PO. Box 26000. Sacramento. CA
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RECORDING REQUESTED BY:
American Technologies, Inc.
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AND WHEN RECORDED MAIL TO:
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American Technologies, lnc.
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210 Baywood Avenue
Orange, CA SPACE ABOVE THIS UNE FOR RECORDER'S use ~
The undersigned claimant, American Technologies, Inc, 210 Baywood Avenue. Orange, CA 92865,
claims a lien for labor, services, equipment, and/or materials under California Civil Code Section 8416 et
seq.. upon the premises hereinafter described, and upon every estate or interest in such structures,
improvements and premises held by any party holding any estate therein.
The labor, services. equipment, and/or materials, were furnished for the construction of those
buildings, improvements, or structures, now upon that certain parcel of land situated in the County of Los
.
Angeles, State of California, said land described as follows: 954 Somera Road, Los Angeles, CA.
The sum of $18,722.27 together with interest thereon at the rate of 18.00 percent per annum from
February 28, 2018, is due claimant (after deducting all just credits and offsets) for the following work
and/or material furnished by claimant: Water mitigation services labor and materials.
Claimant furnished the work and/or materials at the request of, or under contract with: Don Ferrigho
Construction. 12470 Beatrice Street, Los Angeles, CA 90066.
The ownerts) or reputed owner(s) of the property are: Alani Kalea, LLC, Attn: Tina Davis Milligan, ttl
West Monroe Street, Floor 10E, Chicago, ll. 60603.
Firm Name: American Technolo ies, Inc.
Naomi Samuela /Authorized Agent
VERlFlCATtON
l, the undersigned, say: i am the Authorized Agent of the claimant of the foregoing mechanics lien: l
have read said claim of mechanics lien and know the contents thereof: the same is true of my own
knowledge. l declare under penalty of perjury that the foregoing is true and correct.
.
Executed on May 22, 2018, at San Diego, California.
Firm Name: American Technologies, lnc.
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Naomi Samuela / Authoriz ,d Agent
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Construction Notice Services, inc. (67314)
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PlainSite Cover Page
PDF Page 2
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WALTER M. CRANDALL (SBN 250976)
2
JON R. ROBERTSON, APC (SBN 134490)
Email: jrr@rc—attorneys.com
ROBERTSON & CULVER,LLP
3
4
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Su er-,o,F(3|c)IiTn of Ca\‘1t‘or;ua
gounty of L03 A“98 e
E-mail: wme@rc-attorneys.con1
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[Clerk
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2601 Main St., Suite 500
By
Irvine, CA 92614
5 Tel: (714) 361-2111
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Fax: (714) 361-2110
6
7
Attorneys for Plaintiff,
AMERICAN TECHNOLOGIES, INC.
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
11
LIMITED JURISDICTION
12
AMERICAN TECHNOLOGIES, INC., a
13
California corporation,
) CASE NO.
% > SWOOO
07
g COMPLAINT FOR:
Plaintiff;
- 14
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V.
)
(1) BREACH OF CONTRACT;
16
DON FERRIGNO, an individual;
)
(3) VIOLATION OF CIVIL
17
D. FERRIGNO CONSTRUCTION
CONSULTING INC. dba DON FERRIGNO
CONSTRUCTION; ALANI KALEA LLC;
)
)
)
CODE SECTION 8800 ET SEQ.; AND
(4) FORECLOSURE OF MECHANIC’S
LIEN
18
and DOES 1 to 20, inclusive,
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3 (2) COMMON COUNT;
- 15
19
Defendants.
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)
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Plaintiff American Technologies, Inc. (“ATI” or “Plaintiff") alleges as follows:
GENERAL ALLEGATIONS
22
1.
23
24
____
ATI is now, and at all times herein mentioned was, a California corporation
qualified to do business, a11d doing business, in the State of California and is
‘I ualified
to do
25
business as a construction contractor by the California Contractors’ State License Board,
26
license no. 571784.
2.
27
28
ATI is informed and believes, and based thereon alleges, that Defendant DON
FERRIGNO (“Min Ferrigno”) is a11 individual residing in the County of Los Angeles, State of
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COMPLAINT
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California.
2
3.
ATI is informed and believes, and based thereon alleges, that Defendant D.
3
FERRIGNO
4
CONSTRUCTION (“Ferrigno Construction” collectively with DON FERRIGNO will be
5
referred to as the “Ferrigno Defendants”) is a California Corporation qualied to do business,
6
and doing business in the County ofLos Angeles, State of California.
7
4.
8
CONSTRUCTION
CONSULTING
INC.
dba
DON
FERRIGNO
ATI is informed and believes, and based thereon alleges, that Defendant ALANI
KALEA LLC (“Alani Kalea”) is a California limited liability company qualied to do business,
9
and doing business in the County of Los Angeles, State of California.
10
5.
11
ATI is informed and believes, and based thereon alleges, that Alani Kalea is the
12
owner of the real property located in Los Angeles County at 954 Somera Road, Los Angeles,
13
California, 90077, (the “Premises”).
' 14
6.
I
DOES 1 through 20, inclusive, are sued under their fictitious names. Their true
.15
names and capacities are unknown to ATI at this time. When their true names and capacities
16
are ascertained, ATI will amend this Complaint by inserting their true names and capacities
17
herein.
13
7.
ATI is informed and believes, and based thereon alleges, that each of the
19
Defendants named above, including the fictitious named Defendants DOES 1 through 20, was
20
the agent and employee of every other Defendant and performed the acts and omissions
21
complained of herein in the course and scope of such agency and employment.
22
FIRST CAUSE or ACTION
23
(Breach of Contract Against Defendants DON FERRIGNO, FERRIGNO
24
CONSTRUCTION CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and
Does 1 through 10)
25
26
27
28
8.
ATI refers to paragraphs 1 through 7, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
9.
Within the past year, ATI entered into a contract with the Ferrigno Defendants
I
kg and DOES 1 through 10 to provide labor, services, equipment and materials at the Premises and
if
COMPLAINT
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the agreement was later memorialized in writing (“Contract”). A true and correct copy of the
2
Contract is incorporated by reference and attached hereto as Exhibit “A.”
3
10.
4
ATI has performed all of the terms and conditions required on its part to be
performed under the Contract.
5
11.
The Fcrrigno Defendants and DOES 1 through 10 have failed to perform their
6
obligations under the Contract and have breached the terms and conditions of the Contract by
7
failing to pay ATI for the labor and services performed, and the equipment and materials
8
provided, by ATI.
9
12.
ATI has been harmed by the Ferrigno Defendants’ breach of contract by no less
10
than the principal amount of $18,722.27 plus costs and interest at the rate of 18% per annum
::
per the terms of the Contract, which will continue to accrue from February 28, 2018 according
13
to California Civil Code Section 3287 and statutory penalties accruing thereon at a rate of 2%
‘ 14
per month pursuant to California Civil Code Section 8800.
15
WHEREFORE, ATI prays for relief as hereinafter set forth.
16
SECOND CAUSE OF ACTION
17
(Common Count Against the Fcrrigno Defendants and Does 1 through 10)
13
13.
19
AT1 refers to paragraphs 1 through 12, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
20
14.
Within the past year, at the Premises in the County of Los Angeles, ATI
21
provided labor, services, equipment and materials to, and at the request of the Ferrigno
22
Defendants and DOES 1 through 10, and the Ferrigno Defendants and DOES 1 through 10
23
promised to pay ATI the reasonable value for said works of improvement.
24
15.
The whole of the above sum has not been paid, although demand therefore has
25
been made, and there is now due, owing, and unpaid by the Ferrigno Defendants and DOES 1
26
through 10 to ATI the sum of at least $18,722.27 plus costs and interest which will continue to
27
accrue from February 28, 2018 according to California CI'v1'l Code Section 3287.
28 H
WHEREFORE, AT1 prays for relief as hereinafter set forth.
COMPLAINT
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THIRD CAUSE OF ACTION
2
(Violation of California Civil Code Section 8800 et seq. Against the Ferrigno Defendants
3
and Does 1 through 10)
4
5
6
ATI refers to paragraphs 1 through 15, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
17.
The Ferrigno Defendants and DOES 1 through 10 had and have a legal duty to
7
timely pay ATI the amounts earned under the Contract pursuant to California Civil Code
8
Section 8800(a).
9
18.
The Ferrigno Defendants and DOES 1 through 10 have failed to pay ATI the
10
earned amount of $18,722.27, despite ATl’s repeated demands therefor, and said funds are and
11
remain wrongfully withheld.
12
-
16.
19.
California Civil Code Section 8800(c) provides that, if the Ferrigno Defendants
13
and DOES 1 through 10 have failed to timely pay ATI the money due, the Ferrigno Defendants
14
and DOES I through 10 shall, in addition to paying the balance, pay to ATI a charge of two (2)
15
percent per month on the improperly withheld amount. Further, this section provides that ATI
16
shall be entitled, if it prevails, to recover its attorneys’ fees and costs incurred in the action to
17
collect the amounts wrongfully withheld.
18
20.
ATI has been compelled to engage the law firm of Robertson & Culver, LLP to
19
prosecute this legal action. Pursuant to California Civil Code Section 8800(c), ATI is entitled
1)
to its reasonable attorneys’ fees to collect the amounts wrongfully withheld.
22
WI"-IEREFORE, ATI prays for relief as hereinafter set forth.
23
24
25
26
27
(Foreclosure of Mechanic’s Lien Against the Ferrigno Defendants, Defendant Alani Kalea
and Does 11 through 20)
21.
All refers to paragraphs 1 through 20, inclusive, of this Complaint and fully
realleges and incorporates those paragraphs herein by reference.
22. On May 23, 2018, ATI filed a verified Claim of Lien relating to the Premises with
M
28 Mtlie Los Angeles County Rec0rder’s Office (hereinafter referred to as the “LlEN”). A true and
COMPLAINT
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correct copy of the verified LIEN is attached, marked Exhibit “B,” and incorporated by
2
reference.
3
23. ATI is informed and believes and based upon said information and belief, herein
4
alleges that no Notice of Completion of the work of improvement and/or cessation of labor on
5
the Premises was ever filed in the Los Angeles County Recorder’s Office. Further, ninety (90)
6
days did not elapse between the completion, if any, of the project pursuant to the Contract and
7
the filing of ATl’s LIEN.
8
24. ATI is further informed and believes and based upon said information and belief,
1.9
herein alleges that Defendant Alani Kalea is the owner of the Premises, had actual notice of the
1(1)
A'l‘l project at all relevant times, and either failed to property and timely post and record a
12
Notice of Non-Responsibility in accordance with California Civil Code Section 8444 and
13
California case law and/or Alani Kalea was a “participating owner” under California law.
14
25. In the LIEN, ATI claimed a Mechanic’s Lien on a work of improvement on the
15
Premises in the amount of $18,722.27 for work and material furnished to the Premises.
16
addition, interest will continue to accrue from February 28, 2018 according to California Civil
17
Code Section 3287 and statutory penalties accruing thereon at a rate of 2% per month pursuant
13
to California Civil Code Section 8800. Interest and penalties will continue to accrue until the
19
date the judgment is entered.
In
20
26. Defendant Alani Kalea and Does 1 1 through 20 claim some right, title or interest in
21
or to the Premises; that the claim, title or interest of said Defendants, and each of them, is
22
junior to, subsequent to, and subject to Plaintiffs claim and lien as hereinafter set forth.
23
24
27.
accordance with the California Civil Code.
25
26
Plaintiff served Defendant Alani Kalea with a Preliminary 20-Day Notice in
28.
ATI has complied with all applicable provisions of the California Civil Code
required of a mechanic’s lien claimant.
27
28
WHEREFORE, All prays for relief as hereinafter set forth.
A.: §:'I
COMPLAINT
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PRAYER FOR RELIEF
1
WHEREFORE, Plaintiff American Technologies, Inc. prays for judgment as follows:
2
ON THE FIRST CAUSE OF ACTION:
3
4
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
5
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and Does 1 through 10, and
6
each of them:
7
A.
For damages according to the proof at trial but no less than $18,722.27;
8
B.
For interest on these damages at 18% per annum per the terms of the Contract;
9
C.
For costs according to proof in an amount the Court deems reasonable; and
10
D.
For any other relief the Court deems proper.
11
l
ON THE SECOND CAUSE OF ACTION:
12
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
13
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and Does 1 through 10, and
14
each of them:
, 15
A.
For damages according to the proof at trial but no less than $18,722.27;
16
B.
For interest on these damages at the lawful rate;
17
C.
For costs according to proof in an amount the Court deems reasonable; and
18
D.
For any other relief the Court deems proper.
19
ON THE THIRD CAUSE OF ACTION:
20
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
21
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION and Does 1 through 10, and
22
each of them:
23
A.
For damages according to the proof at trial but no less than $18,722.27;
24
B.
For interest on these damages at 18% per annum per the terms of the Contract;
25
C.
For a charge of two (2) percent per month on the amounts improperly withheld;
26
D.
For costs according to proof in an amount the Court deems reasonable;
27
E.
For reasonable attorneys’ fees pursuant to statute; and,
28
F.
For such other and further relief as the Court deems just and proper.
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COMPLAINT
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ON THE FOURTH CAUSE OF ACTION:
2
Against Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION
3
CONSULTING INC. dba DON FERRIGNO CONSTRUCTION, Defendant ALANI KALBA,
4
LLC, and Does I 1 through 20, and each of them:
5
A.
Adjudging that the rights, claims, ownership, liens, titles, and demands for
6
Defendant DON FERRIGNO, Defendant FERRIGNO CONSTRUCTION CONS'UL"I‘lNG
7
INC. dba DON FERRIGNO CONSTRUCTION, Defendant ALANI KALEA, LLC, and Does
8
11 through 20, and each of them, in the Premises are subsequent, subject to and subordinate to
9 Plainti'l’f’s LIEN;
10
,
B.
Adjudging that Plaintiff’ s LIEN referred hereinabove as Exhibit "B" be
1I
foreclosed and that the usual judgment be made for sale of the Premises according to the law;
12
that the proceeds of the sale be applied to pay the amount claimed by ATI, together with
13
interest thereon at 18% per annum per the Contract from February 28, 2018 to the date of the
14
Judgrnent, due Plaintiff; that the interest of all of the Defendants in and to said Premises, and
'
all persons claiming under any of them, be adjudged and decreed subsequent and subject to
17
Plaintiffs LIEN whether as lien claimant, judgment creditor, purchaser, encumbrancer, or
18
otherwise and that they be barred and foreclosed from all rights, claims, interest, or equity of
19
redemption in the Premises and every part thereof when time for redemption is passed;
20
2]
C.
Adjudging that Plaintiff be permitted to become a purchaser at the foreclosure
sale of the Premises;
22
D.
For ATI ’s costs of recording and verifying the LIEN; and
23
E.
For reasonable attorney fees and costs according to California Cz'vz'/ Code
24
Section 8800; and
25
///
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28 ///
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F.
For such other and further relief as the Court deemsjust and proper.
ROBERTSON & CULVER, LLP
2
3
4
Dated: August 1Q, 2018
By:
Walter M. Crandall, Esq.
5
Attorneys for Plaintiff,
6
AMERICAN TECHNOLOGIES, INC.
7
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COMPLAINT
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Job No
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WORK PROPOSAL AND AUTHORIZATION
/\meIIcan Tecllnologresr Inc (lhc "CoIIlraclor“) makes lne rorlcwrng wcr'II proposal (lne 'Proposnl') In W Famcw
(me ‘Cl;onl').
WORK: Cc-nlraclor wrzl rurnrsh all mnro.-Ials. equiprnr-:-nl_ subcorllraclors and perrorm ail labor necessary lo complete the lo‘.lw;lng work (lne "Work";
En:e',:. xmecc - Fr.rD"¥!n! Wlly
Contractor shall carry adequate commercial Iinblirly Inszrrarzce and workers cormrznsalznn Insurance In lne amount sugalry requlrod and wrll pay all ledaral
and stale laws on llre mazerlals and labor Included In the Work, Conlrarzlcr snail be ucllng solely (or the Clrenl and not for ClIuIIl‘s lII$Ur£.‘f.‘Bd;ll‘3IOI
fl/ark
CONTRACT TIME: I! lhls Proposal rs oocouled on or before 3-'9 =8
(lhe "Pr0DO9lll Dosnirrle ) llIcI
I-.Ill be sraned by
_‘;‘}_‘?__,________,___,__and vnllbe subslanllaily contpiuled by:
The Work vl-Ill be parfonllod as axrrodrllously as
reasonably posslble In a good and workrnanlrlre manner The Work vnil be consrdared su:IstaIIl:aIay cernplele when all elernanls ol Ina Work have been
oarnpleled axccpl for rnrnor Lrnflmshud ilems that do not prevent Cll-anI‘5 berladnl use and legal occupancy or me ;obsIlre. The above srurr dale and wnrpierlon
data are eslzmalns and are sub;e\*.l lo delays mused by bad weelher frre Road or other casually‘ labor drsnules unu5u.3l delay zn obleIIII:n 9 malrrrmls. changes
ordered In the Vl/ork, concealed, unknovm or unusual condllrcns or olher causes beyond Ccnlrsclors reasonable Control
INSURANCE; Clram hereby (1) assrgns lo Conlmclor_ Clzenls rlglll lo be paid Il1SUl’Bl\C9 proceeds relalrng lo the Worl<_ (2) appoinls Conlraclor as
Clronls allornoy-in-facl lo endorse insurance chcr-zks |S5\.If.‘d In C.'=enls name (3) rnslrucls Clienrs insurc-I Io erlrlnr pay me Insurance proceeds duo
relnllelg lo lha Work dlreclly lo Conlraclor or lo Insert ConlI‘a:.loI‘s name In each rnsuranrze check or man made In payment or the loss and send such
payntorll Io Contractor. (4) agrees lo pay drreclly lo Ccnlmclor any amounl not covered by Cllenrs msurm, (5) shall, unless Conlraclor agrees
olherwrsa, carry adoqlrale properly damage and lrebilrty Illsuranco lo cover me work
conrrmc T sum:
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Aullronze to commence Work wrln lhe Lrnderslandrng lhnl all oasis and lerms wzll be an derail and sulmlrlled In Wflllng lo Clzonl
Flxud Sum als
Trmo 8. PI-IaIerlBIS lo Include labor, nralerrals. equipnlcnl and olhor cosls (see allacnerr leo Schedule]
PAYMENT TERMS. Paymenl shall bra made E} by single payment I] 33 019 Work progresses accord-.ng lo lho lozlovnng scllradlrle
*_&~____
%_.__._:_____
The enlxro balance (If any) ls duo wIuIIn 10 days aller sIIhstanl:al complelian NI deducrlble arnounls not covered by Insurance and all addrlsonal Work
nulhorlzod III a change order must also be pard and are due upon acccolance olworll.
JUDICIAL REFERENCE-' II ellhal‘ lmrly lo lhrs Agreemenl commences er lawsuzl for a dispute arrsrng okrl or or re-laled lo UIIS Agreernonl. all ol Ina Issues In
'
such acl:on_ wholher of loci or law. shall be submzlled lo general Iud=c::I' reference I>ursr.Ianl lo Catslornra Code or Crvrl Procedure. Soclrons 638 and 641
W009’! 545 1. Inciusave. or any succassor slalules the-relo The bodies lo lhls Agroomenl snail co-:5-emle In good la-zlh lo ensure that all necessary and
approarrnlrz oarlles are Included In lhe Iudrcral reference proaeedzng Corllraclor shall not be requlred to rmnrcrpaln In the )udlc:al rglerence pr<;»caed:ng
unless II is sallsed rhal all necessary and approprrare padres wlll {)erl:c‘-pa!G The Padres shall sham oouazly lha lens and -zcsrs or lnr; relreron, unless the
Ieleren orders orhmwlse The Parlres shall bear lherr own attorneys’ fees.
The general rrxlerae slmlr have me aulhonly to try azl Issrras. vmollrer or lacl or law and lo repon er slalemenl or docrsrsn lo lnu courl The parlzes shall use
rho procedures adopled by me Judlcxal ArbIlrmIoII and Medlerrurr Servrcos (J/\l‘.l5er) (or Iudrclal mlerenca (or any ulhel eIIlILy ollormg 1udlCl(\C roreronoe
dispum resolulrcn procedures as may be mulually accoplable lo the padres)
ll Is agreed lhal llxe (allowing ruins and rzrocedures shall apply in all cases. unless the padres agreu 0lh9f\'.‘I5l‘ and wI:I conrrol should Illere bra any caonlrrcl
\-nlh lilo rules of JAMS or any other entrly oriennn Iudxcml relerenco dispule rcsolulzon rxroccdures
(1) The pmceedlllgs shall be heard In rho Counly wlwro the properly ‘Is localed;
(2) The reloree musl be a neutral and Impanral relrred judge are lzcensed attorney wrln subsramzzrl exponence In the reievanl areas or law;
(3) Any drspuld regardrng the seleclron ol the referee shall be resolved In accordance wrlh pl’O‘IISIOI‘lS sel lcr1lI III Caklarnea Code or Crvil Procedure
Secllon G-I0(b);
(4) Tna roloree may roqulre one or more provhearrng coninronces
(5) Tho narlsos shall be ezrlrlled to daacuvery as provldod by Carrlonlia law and Ihe relrzroo shall oversea dIsI:ovory and may enforce all drscovery
orders "In Ihe same manner as any lrrnl counrudglz‘.
(6) A slenograpllrc record of me lrral shall be made provldml llrel lhe racord shall rnnraén condrmlrar except as may ba Imcessary lor posl-lrearzng
molrons or any appeal‘
(‘II The rernrue 5 slarelllorrl of d8Cl5l\'In shall conlem llndrngs or (ad and conclusrons or law lo mo ezlenl applrcabla and
(BI The releree shall have lho aulhorrly lo rule on all posl-llearlng rnollens In Ihe same mzsnllr.-l’ as 3 mar Iujgc
Tho slalemenr ol decrsion of H19 releroo upon ail 01 me Issues consrdorod by me roferee rs brndrng upon the parlles and upon nlrng or me slalemenl or
doclsrcrv wllh lhe clerk or me coun_ or vnlh lhe judge whore lllere I5 no clerk Judgmerll may be errlerod thereon. The decrslon of lhe mlaroe shoal: bu
appealable as rl rendered by me court
LIMITATION OF LIABILITV: Clrenl agrees lnal CorIlIa.:lnr‘s lrabllrly luv any breach tor Ir-us agmolnunl and lor any rnerlms anslng out or or relalgd Io
Contractors work under lhls agroemenl, shall be hmited to me amcunr paid by Claent lo Conlraclor lor Ccrllmctors 'mr'.< under lhrs agroerIIeIIl.
SUBMISSION AND ACCEPTANCE
Resooclfnlly submrllod by Conlraclor
Amerrcan Tochnclogles, Inc. a Cerlrlomra Ccrporalion,
LICENSE No. 57178::
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Chen! hereby accepls rm) foregoing Proposal
nmnnor specrrrod
Ngn}g_ 2:;-.r /::cer
HIS R€'Ql$lf8|;Ol'l (1 _%’l7’»5 5?
The Ccnlractor Is aIIIhonzer.I lo do me Work as Indrcaled and Cllenl v.‘IlI my lot II In lhe Irma and
Accepted by Cllenl:
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CLlEN‘l“s RIGHT To CANCEL. Client may cancel this Proposal, and receive a reiund of any lunds Client has deposited tor any work
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Contractor has not yet done until midnight of the third (3"’) calendar day alter the day on which Client accepts this Proposal (the “Client
cancellation Deadline"). by delivering written notice 01 such cancellation to Contractor on or beiore the Client Cancellation Deadline. if
client does not deliver the cancellation notice by the Client cancellation Deadline. Client shall be conclusively deemed to have waived
Client's cancellation right under this paragraph.
DISPUTES: All disputes involving claims oi $5,000 or less shall be resolved in small Claims court in Orange County. Calllornla. unless
the parties mutually agree otherwise.
PAYMENTSCHEDULE TERMS: The tollov.-ing terms apply to the payment schedule:
1.
ii the payment schedule provides tor a down payment be-lore the Work begins‘ such down payment shall not exceed $1,000 or 10% oi the
Contract price. excluding finance changes. whichs-ver is less.
2.
in no event shall the payment schedule provide for Contractor to receive. nor shall Contractor actually receive. payment in excess of 100% of
3.
the value 01 the Work, excluding finance charges.
Contractors .’!)liU!e.\‘vttl’l0Ull£1\§-‘iul excuse to substantially begin the Wont within 20 days after the estimated Start Date. shall postpone the next
succeeding payment to Contractor tor the period oftime equal to the period of delay in excess of 20 days after the estimated Start Date.
4.
5.
The terms specied in paragraphs l-3 above. shall not apply when the Contractor has provided a performance and payment bond. lien and
completion bond. bond equivalent. or joint control approved by the Registrar of Contractors. or when the parties agree to lull payment to be
made upon, or tor a schedule or payments to begin. alter satlsiactory completion or the Work.
Any payment due-and unpaid under the Contract shalt bear interest from the date payment is due until the date paid in lull at the highest rate
then permitted by law.
LEGAL RIGHTS AND REQUIREMENTS: To secure payment or all amounts on-red tor Contractors work and providing storage and protection tor
Client. Client-acknowledges that Contractor has a lien on all property oi Client in C.ontractol‘s possession pursuant to Civil Code §.305i and
vcommerclal Cooie §7209, Removal oi hazardous materials, including asbestos. is subject to additional legal requirements and is not a part ‘oithls
Proposal. Client should inform Contractor ii Client is aware oi any asbestos or lead in any part oi the jobsite (built before 1978‘). It the contract
resulting from acceptance of this Proposal.cons.iilulesva home solicitation contract (Civil Code Section ‘l8l39.5)_ Client acknowledges that the
Contract was initiated by Client or Clleni"s representative and that by accepting the Proposal (which includes the personal statement required by
Civil Code Section 1689.13); Client is waiving any right to cancel under Section 1589.13
SEVERABIUTY‘. ii any provision oi this contract is held by a court at competent jurisdiction to be void or unentorceablc. the remaining provisions
of this con'trac_i shall remain in effect.
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CHANGE ORDERS: -A change order is an amendment to the contract signed by Client and Contractor that authorizes a change in the Work or an
acllustnleni in the Contract Sum or the Contract Time. Client may request a change order tor a change in the went. out such change order shall
not be eiiectlve or become it part of this contract until accepted and signed by Contractor. contractor is entitled to a change order for delays
encountered inihe Work, for concealed. unitnovm or unusual conditions, for extra ‘.»rcn< actually performed. and tor new or additional governmental
requirements concerning or atfectlng the Work '.~.-hlch become eliective during the Contract Time, that in Contractcrs iudgmeni. maites the work
more expensive. burdensome or- time-consuming.
BONDS: Client maylrequire Contractor to obtain a performance and payment bond. ll client requests that such a bond be provided. Client shalt
f€in1b(lr58.CC_i1liaCi_0f tor the cost of the bond.
CONTR.Ac;ToRS ARE REQUIREDLBY l_.AW_ To BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD, ANY
QUESTIONS CONCERNINGA CONTRACTOR MAY BE REFERRED TO THE REG-iSTRAR, CONTRACTORS’ STATE LICENSE BOARD. 9821
BUSINESS ‘PARK DRNE. -SACRAMENTO. CALiFORNiA. 95327: PO. BOX 26000. SACRAMENTO. CA 95828.
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NOTiCE To OWNER
(SECTiON 7030 OF THE BUSiNESS AND PROFESSiONS CODE)
lniormaiion about the Contractors‘ State License Eoard (CSLB):
CSLB is the state consumer protection agency that licenses and
regulates construction contractors,
Contact CSLB {or information about the licensed contractor you are considering, including information about rlisc-icsable complaints, y
i disciplinary actions and civil judgments that are reporledrto C-SLB.
y
y Use only licensed contractors. iiyou le a complaint against a licensed contractor within the legal deadline (usually four years), CSLB l
g has authority to,-investigate the ‘complaint. if you use an unlicensed contractor. CSLB may not be able to help you resolve your
complaint. Your only raniedy may be in civil court. and you may be liable for damages arising out oi any injuries to the unlicensed a
contractor or the unlicensed contractors employees,
,
For more information:
g
Visit CSl.B‘s Web site at W.-A*r.C$m,_g_q,>g9_y
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Cali CSLB at.800-321—CSLB (2752)
Write CSLB at PO. Box 26000. Sacramento. CA 95826
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Exhibit “B”
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RECORDING REQUESTED BY:
American Technologies, Inc.
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AND WHEN RECORDED MAIL TO:
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American Technologies, lnc.
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‘2tl18lIE-14152’
210 Baywood Avenue
Orange, CA 92865
SPACE ABOVE THIS UNE FOR RECORDER'S use ~
The undersigned claimant, American Technologies, Inc, 210 Baywood Avenue. Orange, CA 92865,
claims a lien for labor, services, equipment, and/or materials under California Civil Code Section 8416 et
seq.. upon the premises hereinafter described, and upon every estate or interest in such structures,
improvements and premises held by any party holding any estate therein.
The labor, services. equipment, and/or materials, were furnished for the construction of those
buildings, improvements, or structures, now upon that certain parcel of land situated in the County of Los
.
Angeles, State of California, said land described as follows: 954 Somera Road, Los Angeles, CA.
The sum of $18,722.27 together with interest thereon at the rate of 18.00 percent per annum from
February 28, 2018, is due claimant (after deducting all just credits and offsets) for the following work
and/or material furnished by claimant: Water mitigation services labor and materials.
Claimant furnished the work and/or materials at the request of, or under contract with: Don Ferrigho
Construction. 12470 Beatrice Street, Los Angeles, CA 90066.
The ownerts) or reputed owner(s) of the property are: Alani Kalea, LLC, Attn: Tina Davis Milligan, ttl
West Monroe Street, Floor 10E, Chicago, ll. 60603.
Firm Name: American Technolo ies, Inc.
Naomi Samuela /Authorized Agent
VERlFlCATtON
l, the undersigned, say: i am the Authorized Agent of the claimant of the foregoing mechanics lien: l
have read said claim of mechanics lien and know the contents thereof: the same is true of my own
knowledge. l declare under penalty of perjury that the foregoing is true and correct.
.
Executed on May 22, 2018, at San Diego, California.
Firm Name: American Technologies, lnc.
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Naomi Samuela / Authoriz ,d Agent
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Construction Notice Services, inc. (67314)
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