REXEL USA, INC. v. ELECTRIC TECH CONSTRUCTION, INC., A NEVADA... Document 1: Document

Superior Court of California, County of Alameda
Case No. 21CV004297
Filed December 17, 2021

Complaint Filed by: Rexel USA, Inc. (Plaintiff) As to: Electric Tech Construction, Inc., a Nevada Corporation (Defendant); Timothy Pessin (Defendant); TESLA INC., a Delaware Corporation (Defendant)

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REA STELMACH, ESQ., SBN FRANCES AGONCILLO, ESQ., SBN SILVERMAN THEOLOGOU, LLP
11630 Chayote St., Suite Los Angeles, California Telephone: (213) 226-Facsimile: (213) 226-Attorneys for Plaintiff
REXEL USA, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ALAMEDA

REXEL USA, INC.,

Case No.
REXEL USA, INC.’S COMPLAINT
FOR DAMAGES FOR:
Plaintiff,
v.
1.
2.
3.
4.
ELECTRIC TECH CONSTRUCTION,
INC., a Nevada Corporation;
TIMOTHY PESSIN, an individual;
TESLA INC. DBA TESLA MOTORS,
INC., a Delaware Corporation;
And DOES 1 Through
BREACH OF CONTRACT
COMMON COUNTS
BREACH OF GUARANTY
FORECLOSURE ON MECHANICS
LIEN
Defendants.
UNLIMITED JURISDICTION
COMES NOW PLAINTIFF REXEL USA, INC., WITH ITS COMPLAINT AND
ALLEGES AS FOLLOWS:
JURISDICTION AND VENUE
1.
Jurisdiction is proper in the Superior Court for the County of

Alameda pursuant to §410.10 of the Code of Civil Procedure because it has general

subject matter jurisdiction, and no statutory exceptions to jurisdiction exist.

2.
Venue is proper in the County of Alameda pursuant to §395.5 and
§392(a)(2) of the Code of Civil Procedure.
COMPLAINT
Page 2
PARTIES
3.
Plaintiff REXEL USA, INC., is and at all relevant times was a

corporation engaged in the businesses of supplying electrical materials and related labor to

those materials. Plaintiff provided labor, service, equipment, or material, or a combination

thereof (“Work”) to Defendant ELECTRIC TECH CONSTRUCTION, INC.

(“ELECTRIC TECH”).

4.
PLAINTIFF is informed and believes, and on that basis alleges, that

electrical contractor Defendant ELECTRIC TECH is, and at all relevant times was a

Limited Liability Company duly organized and existing under the laws of the State of

California and doing business in Alameda County, State of California.
5.
PLAINTIFF is informed and believes, and on that basis alleges, that

Defendant TIMOTHY PESSIN is, and at all relevant times was an individual residing in

the State of California and doing business in Alameda County, State of California.

6.
PLAINTIFF is informed and believes, and on that basis alleges, that

TESLA, INC. DBA TESLA MOTORS, INC., (“TESLA”) owned the real property

commonly known as 45500 Fremont Boulevard, Fremont, CA 94538 (the “Property”).

7.
The true names and capacities, whether individual, corporate,

associate, or otherwise of Defendants sued herein as DOES 1 through 30, inclusive, are

unknown to PLAINTIFF at this time and PLAINTIFF therefore sues said Defendants by

such fictitious names. When the true names and capacities are ascertained, PLAINTIFF

will amend this Complaint accordingly. Wherever reference is made in this Complaint to

any named Defendant, or to Defendants in general, said reference and allegations shall

apply to those fictitiously sued DOES.

8.
PLAINTIFF is informed and believes and thereon alleges that each of

the Defendants designated as DOE, is in some manner responsible for the events and

happenings herein referred to, and caused injury and damages proximately thereby to

Plaintiff as alleged herein.

9.
At all times herein mentioned, Defendants and each of them, were the
COMPLAINT
Page 3
agents, servants, employees of each and every other remaining Defendant and were at all

times acting within the purpose and scope of said agency and/or employment.

10.
A real property that is a subject of this action is located in Alameda

County, California, and is commonly known and described as 45500 Fremont Boulevard,

Fremont, CA 94538 (hereafter the “Subject Property A”).

GENERAL ALLEGATIONS
11.
On or about September 18, 2020, PLAINTIFF and Defendant

ELECTRIC TECH, and each of them, entered into an agreement or series of agreements

in which PLAINTIFF agreed to furnish material for a work of improvement on the subject

property for an agreed contract price based upon orders of ELECTRIC TECH.
12.
Between on or about January 13, 2021, and on or about September

16, 2021, pursuant to the above-described agreements, or at the special instance and

request of Defendants ELECTRIC TECH, or their agents, PLAINTIFF furnished material

that was used and intended to be used in the work of improvement of Subject Property.

13.
PLAINTIFF has performed all things necessary and required of

PLAINTIFF under the agreement, except to the extent that PLAINTIFF was prevented or

excused from performing by the breaches of Defendant ELECTRIC TECH alleged below.

14.
The material furnished by PLAINTIFF has a reasonable and current

market value of $172,938.50 which Defendant ELECTRIC TECH agreed to pay and

which remained unpaid at the time this action was filed.

FIRST CAUSE OF ACTION
BREACH OF CONTRACT
(Against Defendant ELECTRIC TECH ELECTRIC and DOES 1 Through 10,
Inclusive)
15.
PLAINTIFF incorporates by reference the allegation contained in the

preceding paragraphs of the PLAINTIFF’s Complaint, and each and every part thereof

with the same force and effect as though set out at length herein.

16.
On or about September 18, 2020, Defendant ELECTRIC TECH
COMPLAINT
Page 4
executed a credit application in which the PLAINTIFF would sell goods on credit to

ELECTRIC TECH. Attached as Exhibit A is a true and correct copy of this Agreement.

17.
On or about January 13, 2021, Defendant ELECTRIC TECH, or their

agents, began ordering materials under the terms of the credit application for materials

related to electrical installation.

18.
Between on or about January 13, 2021, and on or about September

16, 2021, pursuant to the above-described agreements, or at the special instance and

request of Defendants ELECTRIC TECH, or their agents, PLAINTIFF furnished material

that was used and intended to be used in the work of improvement on the Subject

Property. At the time of this action, the remaining balance due from these project accounts

is $172,938.50.

19.
PLAINTIFF has performed all things necessary and required of

PLAINTIFF under the agreement, except to the extent that PLAINTIFF was prevented or

excused from performing by the breaches of the Defendants as alleged below.

20.
Defendant ELECTRIC TECH breached the above-described
agreement in that there is now due an unpaid balance of $172,938.50.
21.
As a result of these breaches of the agreement by Defendant,

PLAINTIFF has been damaged in the amount of $172,938.50, plus court costs and interest

incurred by PLAINTIFF, as permitted by contract and/or law, according to proof.

22.
The credit agreement entered by and between the parties allows for

the recovery of reasonable attorney’s fees in the event of litigation. The PLAINTIFF was

forced to retain counsel to bring this action and therefore is entitled to reasonable

attorney’s fees.

SECOND CAUSE OF ACTION
COMMON COUNTS
(Against Defendant ELECTRIC TECH and DOES 11 Through 20, Inclusive)
23.
PLAINTIFF incorporates by reference the allegations contained in
the preceding paragraphs of the PLAINTIFF’s Complaint, and each and every part thereof
COMPLAINT
Page 5
with the same force and effect as though set out at length herein.
24.
At all times mentioned herein, Defendants became indebted to

PLAINTIFF for work, labor, services, and/or material rendered at the special instance and

request of Defendants and for which Defendants promised to pay. In particular, the

supplying of electrical materials to Defendant ELECTRIC TECH.

25.
PLAINTIFF performed all obligations under the Contract except

those which were excused from performance, if any, because of Defendants’ non-payment

of the outstanding balance due and owing to PLAINTIFF.

26.
As a direct and proximate result of said breach, PLAINTIFF was
injured and damaged in a sum in excess of $172,938.50, plus court costs.
THIRD CASE OF ACTION
BREACH OF GUARANTY
(Against Defendant TESLA and DOES 21 Through 30, Inclusive)
27.
PLAINTIFF incorporates by reference the allegations contained in
the preceding paragraphs of the PLAINTIFF’s Complaint, and each and every part thereof
with the same force and effect as though set out at length herein.
28.
On or about September 2020, Defendant TIMOTHY PESSIN entered
into a written personal guaranty as to the debts of ELECTRIC TECH
CONSTURUCTION, INC. See Exhibit A. Some identifying information has been
redacted to protect the Defendant’s privacy.
29.
Defendant TIMOTHY PESSIN breached the terms of said personal
guaranty by failing and refusing, and continuing to fail and refuse to pay the debts of
ELECTRIC TECH CONSTURUCTION, INC to Plaintiff.
30.
As a direct and foreseeable consequence of Defendant TIMOTHY
PESSIN’s breach of the personal guaranty as aforesaid, Plaintiff has been damaged in the
sum of $172,938.50, plus court costs, incurred by Plaintiff.
31.
Plaintiff has performed all things and necessary required of plaintiff
under the agreement, except to the extent that plaintiff was prevented or excused from
COMPLAINT
Page 6
performing by the breaches of the defendants as alleged above.

32.
Under the terms of the agreement, Plaintiff is additionally entitled to
court costs, expenses, and award of reasonable attorney fees.

FOURTH CASE OF ACTION
FORECLOSURE ON MECHANICS LIEN
(Against Defendant TESLA and DOES 21 Through 30, Inclusive)

33.

the preceding paragraphs of the PLAINTIFF’s Complaint, and each and every part thereof
with the same force and effect as though set out at length herein.
34.

Under the Agreement, PLAINTIFF furnished the Materials to the
Project for which the principal sum of at least $172,938.50, plus interest, fees, and costs,
or an amount according to proof has not been paid.
35.

PLAINTIFF incorporates by reference the allegations contained in
Within the time specified by law, PLAINTIFF served a preliminary
notice in substantial compliance with California Civil Code §8200 or was excused from
doing so.
36.
Said preliminary notice entitled PLAINTIFF to claim a lien for
materials furnished within twenty days prior to the service of such notice, and at any such
time thereafter.
37.
PLAINTIFF is informed and believes, and on that basis alleges that
no notice of completion has been recorded for this work of improvement, or that any such
recorded notice does not present a time-bar to PLAINTIFF’s claim of lien.
38.
PLAINTIFF recorded its verified claim of lien (the “Lien”) on
October 13, 2021, in the office of the County Recorder of Alameda, where the Property is
located, which is recorded as Document Number 2021340590 of the Official Records of
the Alameda County Recorder.
39.
The stated amount of the Lien is $172,938.50, which is the value of
COMPLAINT
Page 7
the Materials provided by PLAINTIFF that remained unpaid at the time the Lien was

recorded.

40.
PLAINTIFF is informed, believes, and on that basis alleges that all

the Defendants in this cause of action, and each of them, have or claim to have some right,

title, or interest in the above described real property. The exact nature of said rights is

unknown to PLAINTIFF, but they are subject and subordinate to PLAINTIFF’S lien

claim.

41.
PLAINTIFF has complied with all terms and conditions of the

Agreement and with all statutes to perfect the Lien. PLAINTIFF is therefore entitled to an

order from this Court allowing PLAINTIFF to foreclose on the Property to the full extent

of PLAINTIFF’s claim in an amount according to proof, plus interest, attorney’s fees,

expert fees, and costs allowed by contract or law.

//
COMPLAINT
Page 8 PRAYER FOR RELIEF
WHEREFORE, Plaintiff request that this Court enter Judgment in
Plaintiff’s favor and against Defendants, and each of them, as follows:
1.
For damages in the amount of $172,938.50 or according to proof;
2.
For costs of suit;
3.
For attorney fees as allowed by contract or law;
4.
For pre-judgment interest per contract or as allowed by law and post-
judgment interest; and
5.
For such other and further relief as the Court may deem just and proper.

DATED: December 17, By: /s/ Rea Stelmach
REA STELMACH, ESQ., SBN SILVERMAN THEOLOGOU, LLP
11630 Chayote St., Suite #Los Angeles, CA Attorneys for Plaintiff,
REXEL USA, INC.
COMPLAINT
Page 9 EXHIBIT A
Page 10 EXHIBIT B
32005-
PRELIMINARY NOTICE - PRIVATE WORK

THIS NOTICE IS GIVEN PURSUANT TO CALIFORNIA CIVIL CODE § 8034(a), 8102, 8106-8118, 8200 ET SEQ.
THIS IS NOT A LIEN AND THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THIS NOTICE ALSO REPRESENTS A FORMAL REQUEST FOR A COPY OF ANY PAYMENT BOND,
WHICH MAY BE ISSUED IN CONNECTION TO THIS WORK OF IMPROVEMENT, TO BE SENT VIA FAX TO: 714-528-0844 OR EMAIL TO: REQUEST@CRMLSI.COM
YOU ARE HEREBY NOTIFIED THAT: (NAME AND ADDRESS OF CLAIMANT)
THE NAME AND ADDRESS OF ANY LENDER OR REPUTED LENDER
(IF KNOWN):
REXEL USA, INC.
REGIONAL CREDIT OFFICE
P. O. BOX ADDISON, TX 75001-
FCC
RELATIONSHIP TO THE PARTIES OF THE ONE GIVING THIS NOTICE:
NO LENDER REPORTED
SUPPLIER
HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR
MATERIALS, OF THE FOLLOWING GENERAL DESCRIPTION:
MISC. ELECTRICAL COMPONENTS
THE NAME AND ADDRESS OF THE OWNER OR REPUTED OWNER IS:
7019 2970 0000 1315 FCC
TESLA, INC
3500 DEER CREEK RD
PALO ALTO, CA
THE BUILDING, STRUCTURE OR IMPROVEMENT IS LOCATED AT:
P2ELEC
45500 FREMONT BLVD
FREMONT, CA
THE NAME AND ADDRESS OF THE DIRECT CONTRACTOR IS:
FCC 7019 2970 0000 1315
ELECTRIC TECH CONSTRUCTION, INC
1910 MARK CT
SUITE CONCORD, CA
THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO CONTRACTED
SUCH LABOR, SERVICES, EQUIPMENT OR MATERIAL IS:
ELECTRIC TECH CONSTRUCTION, INC
1910 MARK CT
SUITE CONCORD, CA AN ESTIMATE OF THE TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT,
OR MATERIALS FURNISHED OR TO BE FURNISHED IS:
THE NAME AND ADDRESS OF THE SUBCONTRACTOR OR PERSONS
OR FIRM WHO CONTRACTED SERVICES:
FCM
ELECTRIC TECH CONSTRUCTION, INC
1910 MARK CT
SUITE CONCORD, CA
THE NAME AND ADDRESS OF ADDITIONAL ENTITIES DESIGNATED
BY THE OWNER TO RECEIVE A COPY OF THIS NOTICE:
FCC
FCC
$250,000.NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, IF THE
PERSON OF FIRM THAT HAS GIVEN YOU THIS NOTICE IS NOT PAID IN FULL
FOR LABOR, SERVICE, EQUIPMENT, OR MATERIAL PROVIDED OR TO BE
PROVIDED TO YOUR CONSTRUCTION PROJECT, A LIEN MAY BE PLACED ON
YOUR PROPERTY. FORECLOSURE OF THE LIEN MAY LEAD TO LOSS OF ALL
OR PART OF YOUR PROPERTY. YOU MAY WISH TO PROTECT YOURSELF
AGAINST THIS BY (1) REQUIRING YOUR CONTRACTOR TO PROVIDE A
SIGNED RELEASE BY THE PERSON OR FIRM THAT HAS GIVEN YOU THIS
NOTICE BEFORE MAKING ANY PAYMENT TO YOUR CONTRACTOR, OR (2)
ANY OTHER METHOD THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES.
THIS NOTICE IS REQUIRED BY LAW TO BE SERVED BY THE UNDERSIGNED
AS A STATEMENT OF YOUR LEGAL RIGHTS. THIS NOTICE IS NOT INTENDED
TO REFLECT UPON THE FINANCIAL CONDITION OF THE CONTRACTOR OR
THE PERSON EMPLOYED BY YOU ON THE CONSTRUCTION PROJECT.
IF YOU RECORD A NOTICE OF CESSATION OR COMPLETION OF YOUR
CONSTRUCTION PROJECT, YOU MUST WITHIN 10 DAYS AFTER RECORDING,
SEND A COPY OF THE NOTICE OF COMPLETION TO YOUR CONTRACTOR
AND THE PERSON OR FIRM THAT HAS GIVEN YOU THIS NOTICE. THE
NOTICE MUST BE SENT BY REGISTERED OR CERTIFIED MAIL. FAILURE TO
SEND THE NOTICE WILL EXTEND THE DEADLINE TO RECORD A CLAIM OF
LIEN. YOU ARE NOT REQUIRED TO SEND THE NOTICE IF YOU ARE A
RESIDENTIAL HOMEOWNER OF A DWELLING CONTAINING FOUR OR FEWER
UNITS.
PROOF OF SERVICE AFFIDAVIT
I , AARON BLUM, DECLARE THAT COPIES OF THIS NOTICE WERE SERVED BY
FIRST CLASS CERTIFIED MAIL, POSTAGE PREPAID ON THE OWNER, DIRECT
CONTRACTOR, AND LENDER AT THEIR RESPECTIVE ADDRESSES AS SHOWN
ON THIS DOCUMENT ON: JANUARY 6, 2021.
I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE
AND CORRECT. EXECUTED ON: JANUARY 6, 2021 AT BREA,
CALIFORNIA.
AGENT FOR SERVICE
Prepared by: CRM Lien Services, Inc. • 3010 Saturn Street • Suite 103 • Brea, CA 92821 • 714.524.0844 • www.crmlsi.com
Page 11 EXHIBIT C
Page 12 NOTICE OF MECHANICS LIEN: ATTENTION!
{Civil Code §8416)
On the recordation of the enclosed MECHANICS LIEN with the county recorder’s
office of the county where the property is located, your property is subject to the filing of a
legal action seeking a court-ordered foreclosure sale of the real property on which the lien
has been record. That legal action must be filed no later than 90 days after the date the
mechanics lien is recorded.
The party identified in the enclosed mechanics lien may have provided labor or
materials for improvements to your property and may not have been paid for these items.
You are receiving this notice because it is a required step in filing a mechanics lien
property in order to pay for unpaid labor, materials, or improvements provided to your
property. This may affect your ability to borrow against, refinance, or sell the property
until the mechanics lien is released.
BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO
SPEAK WITH YOUR CONTRACTOR IMMEDIATELY OR CONTACT AN
ATTORNEY. FOR MORE INFORMATION ON MECHANICS LIENS, GO TO THE
CONTRACOTRS’ STATE LICENSE BOARD WEBSITE AT www.cslb.ca.gov.

bo
Page 13 PROOF OF SERVICE
On the below date, at Los Angeles, CA, the undersigned declarant served copies of the above
CLAIM OF MECHANICS LIEN and NOTICE OF MECHANICS LIEN on the owner/reputed owner and
other individuals/entities named below by certified mail at the addresses shown below:

TESLA, INC.
3500 Deer Creek Rd..
Palo Alto, CA
Certified Mailing:
7020 1290 0001 2645

ELECTRIC TECH CONSTRUCTION, INC.
1910 Mark Ct.,
Suite 130,
Concord, CA
Certified Mailing:
7020 1290 0001 2645

P2ELEC
45500 Fremont Blvd..
Fremont, CA


Certified Mailing:
7020 1290 0601 2645


1 declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Date: 10/12/
Lad


Rexel USA&, Inc.
Frances Agoncillo, Esq., Attorney
Silverman Theologou, LLP
11630 Chayote St, Suite
Los Angeles, CA
Phone: 213-226-
Fax: 213-226-fagoncillo@silvermaniegal.com
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