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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

MAIN ELECTRIC SUPPLY COMPANY v. WEAVER ELECTRIC INC et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
BC476597 Search Pacer
ACE Group party(s): 
Opposing Party: 
Main Electric Supply Company
Court Type: 
State
State Court: 
California.Supeior Court (Los Angeles County)
Date Filed: 
Jan 9 2012

FIRST CAUSE OF ACTION
(To Enforce Stop Notice)
(Against Defendants MTA, WEI, and DOES I through 50)

10. Plaintiff realleges Paragraphs 1 through 9, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

11. Plaintiff is informed and believes and thereon alleges that within the last two years, MTA awarded an original contract to Defendants WEI and DOES 1 through 50 for the construction of a work of improvement located in the City of Los Angeles, MTA Division 10, 742 N. Mission Road, Los Angeles, California.

12. Within the last four years, Plaintiff entered into a written agreement with Defendant WEI, whereby Plaintiff agreed to and did furnish to WEI various electrical materials and supplies and WEI agreed to pay for the same. The electrical materials and supplies were intended to be and were actually used or consumed in connection with the above-mentioned work of improvement described above. A true and correct copy of the written agreement setting forth the terms of the parties' agreement is attached hereto as Exhibit "A" and is incorporated herein by reference.

13. Plaintiff has fully performed all of the terms and conditions on its part to be performed pursuant to the agreement and further provided certain additional work as requested and instructed by under the agreement with Defendants except for those obligations, if any, excused by Defendants' breach.

14. Although demand has been made, Defendants have failed, neglected, and refused to pay to Plaintiff the amounts due as a result of Defendants' breach of the parties' agreement.

15. As a result of Defendants' breach of the agreement, Plaintiff has suffered damages in the sum of $148,987.38, plus interest at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

16. Plaintiff is informed and believes and thereon alleges that the whole of the land hereinabove described, upon which the work of improvement is located, is necessary and required for the convenient use and occupation of the work of improvement.

17. Prior to first furnishing said electrical materials and supplies, Plaintiff served upon MTA and Defendants DOES 1 through 50, a written Preliminary Notice stating with substantial accuracy a general description of the electrical materials and supplies furnished or to be furnished and the name of the party to whom same were furnished. A true and correct copy of said Preliminary Notice is attached hereto as Exhibit "B" and is incorporated herein by reference.

18. On or about November 10, 2011, Plaintiff served upon MTA a Stop Notice and verified statement of its claim. A true and correct copy of said Stop Notice and verified statement is attached hereto as Exhibit "C" and incorporated herein by reference. This Stop Notice and verified statement was served within the statutorily permitted time period.

19. Plaintiff is informed and believes and on that ground alleges there has not been a cessation or completion of the work of improvement, nor has a Notice of Completion or Acceptance been filed and ninety (90) days has not elapsed since any expiration of time during which Stop Notices must be filed.

20. Although demand has been made, Defendants have failed, neglected and refused to pay the sum of $148,987.38 or any part thereof, and there is now due, owing and unpaid to Plaintiff by Defendants, the sum of $148,987.38 plus interest at the highest legal rate per annum from April 5, 2007, plus reasonable attorney's fees and costs.

SECOND CAUSE OF ACTION
(To Enforce Stop Notice)
(Against Defendants MTA, CLEAN ENERGY, WEI, and DOES 1 through 50)

21. Plaintiff realleges Paragraphs 1 through 20, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

22. Plaintiff is informed and believes and thereon alleges that within the last two years, MTA awarded an original contract to Defendants CLEAN ENERGY and DOES 1 through 50 for the construction of a work of improvement located in the City of Los Angeles, MTA Electrification Division 2, 720 E. 15th Street, Los Angeles, California.

23. Within the last four years, Plaintiff entered into a written agreement with Defendant WEI, whereby Plaintiff agreed to and did furnish to WEI various electrical materials and supplies and WEI agreed to pay for the same. The electrical materials and supplies were intended to be and were actually used or consumed in connection with the above-mentioned work of improvement described above. A true and correct copy of the written agreement setting forth the terms of the parties' agreement is attached hereto as Exhibit "A" and is incorporated herein by reference.

24. Plaintiff has fully performed all of the terms and conditions on its part to be performed pursuant to the agreement and further provided certain additional work as requested and instructed by under the agreement with Defendants except for those obligations, if any, excused by Defendants' breach.

25. Although demand has been made, Defendants have failed, neglected, and refused to pay to Plaintiff the amounts due as a result of Defendants' breach of the parties' agreement.

26. As a result of Defendants' breach of the agreement, Plaintiff has suffered damages in the sum of $4,019.54, plus interest at the highest legal rate per annum from March 29, 2011, plus reasonable attorneys' fees and costs.

27. Plaintiff is informed and believes and thereon alleges that the whole of the land hereinabove described, upon which the work of improvement is located, is necessary and required for the convenient use and occupation of the work of improvement.

28. Prior to first furnishing said electrical materials and supplies, Plaintiff served upon MTA, CLEAN ENERGY and Defendants DOES 1 through 50, a written Preliminary Notice stating with substantial accuracy a general description of the electrical materials and supplies furnished or to be furnished and the name of the party to whom same were furnished.
A true and correct copy of said Preliminary Notice is attached hereto as Exhibit "D" and in incorporated herein by reference.

29. On or about December 5, 2011, Plaintiff served upon MTA a Stop Notice and verified statement of its claim. A true and correct copy of said Stop Notice and verified statement is attached hereto as Exhibit "E" and incorporated herein by reference. This Stop Notice and verified statement was served within the statutorily permitted time period.

30. Plaintiff is informed and believes and on that ground alleges there has not been a cessation or completion of the work of improvement, nor has a Notice of Completion or Acceptance been filed and ninety (90) days has not elapsed since any expiration of time during which Stop Notices must be filed.

31. Although demand has been made, Defendants have failed, neglected and refused to pay the sum of $4,019.54 or any part thereof, and there is now due, owing and unpaid to Plaintiff by Defendants, the sum of $4,019.54 plus interest at the highest legal rate per annum from March 29, 2011, plus reasonable attorney's fees and costs.

THIRD CAUSE OF A CTION
(On Payment Bond)
(Against Defendants WESTCHESTER, WEI and DOES 1 through 50)

32. Plaintiff realleges Paragraphs 1 through 31, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

33. Pursuant to the aforementioned contract entered into as between MTA and Defendant WEI, as principal, Defendant WESTCHESTER as surety, and DOES 1 through 50 duly executed and filed with MTA a certain surety bond, Bond No. KO 79 29 626, which bond was made, issued and executed in accordance with the provisions of Division 3, Title 15, Chapter 7, §§3247-3252, inclusive, of the Civil Code of the State of California, which bond was so given and filed, referring to the contract mentioned above, provides that if the bonded principal, contractor, person, a company or a corporation, or his subcontractor, person, a company or corporation, fails to pay any of the persons named in Civil Code §3181 furnishing labor and equipment, for or about performance of the work contracted to be done, or for anywork or labor done thereon of any kind, then the surety will pay the same in an amount not exceeding the sum specified in the bond and will also pay in case suit is brought upon such bond, such reasonable attorneys' fees as the Court may award to the prevailing party and such attorneys' fees to be taxed as cost of the suit, and to be included in the judgment rendered therein, as the bond and the above-mentioned statute provided. The bond contains all the stipulations and agreements required by law to be contained therein.

34. The bond was duly filed with MTA and MTA approved the bond.

35. Although demand has been made, Defendants have failed, neglected and refused to pay to Plaintiff the sum of $153,006.92 for electrical materials, services and supplies furnished by Plaintiff.

FOUR TH CAUSE OF A CTION
(For Breach of Written Contract)
(Against Defendants WEI and DOES 1 through 50)

36. Plaintiff realleges Paragraphs 1 through 35, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

37. Within the last four years, Plaintiff entered into a written agreement with Defendants WEI and DOES 1 through 50, whereby Plaintiff agreed to and did furnish to Defendants certain electrical services and supplies and Defendants agreed to pay for same.

38. Plaintiff has fully performed all of the terms and conditions on its part to be performed pursuant to the agreement, except for those obligations, if any, excused by Defendants' breach. A copy of the parties' agreement is attached hereto as Exhibit "A" and incorporated herein by reference.

39. Although demand has been made, Defendants have failed, neglected and refused to pay to Plaintiff any of the amounts due, in breach of the parties' agreement.

40. As a result of Defendants' breach of the agreement, Plaintiff has been damaged in the sum of $153,006.92, together with interest thereon at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

FIFTH CAUSE OF A CTION
(Services Rendered)
(Against Defendants WEI and DOES 1 through 50)

41. Plaintiff realleges Paragraphs 1 through 40, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

42. Within the last two years, Defendants became indebted to Plaintiff in the sum of $153,006.92, for certain electrical supplies and services furnished by Plaintiff to Defendants at the special instance and request of Defendants, for which Defendants agreed to pay Plaintiff the above sum.

43. Notwithstanding Plaintiffs demand, no part of the above sum has been paid, andthere is now due, owing and unpaid from Defendants to Plaintiff the sum of $153,006.92, plus interest thereon at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

SIXTH CAUSE OF ACTION
(Account Stated)
(Against Defendants WEI and DOES 1 through 50)

44. Plaintiff realleges Paragraphs 1 through 43, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

45. Within the last four years, an account was stated in writing by and between Plaintiff and Defendants, wherein it was agreed that the Defendants were indebted to Plaintiff in the sum of $153,006.92, plus interest thereon at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

46. Although demanded by Plaintiff from Defendants, neither all nor any part of the agreed balance has been paid and the same is now due, owing and unpaid from Defendants to
Plaintiff.

SEVENTH CAUSE OF ACTION
(Open Book Account)
(Against Defendants WEI and DOES 1 through 50)

47. Plaintiff realleges Paragraphs 1 through 46, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

48. Within the last two years, Defendants became indebted to Plaintiff on an open book account for money due in the sum of $153,006.92 for certain electrical supplies and services furnished by Plaintiff to Defendants at the special instance and request of Defendants for which Defendants agreed to pay Plaintiff the above sum plus interest thereon at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

49. Although demand has been made, neither the whole, nor any part of the above sum has been paid, and there is now due, owing and unpaid from Defendants to Plaintiff the sum of $153,006.92, together with interest thereon at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

EIGHTH CAUSE OF A CTION
(For Reasonable Value)
(Against Defendants WEI and DOES 1 through 50)

50. Plaintiff realleges Paragraphs 1 through 49, inclusive, and incorporates said paragraphs herein by reference as though set forth in full.

51. Defendants WEI and DOES 1 through 50, inclusive, became indebted to Plaintiff in the sum of $153,006.92 for certain electrical services and supplies performed by Plaintiff for said Defendants at the special instance and request of Defendants. The agreed and reasonable value of said electrical services and supplies was and is the sum of $153,006.92, together with interest thereon at the highest legal rate per annum from April 5, 2007. No part of said sum has been paid, although demand therefore has been and is hereby made, and there is now due, owing and unpaid the balance of $153,006.92, together with interest thereon at the highest legal rate per annum from April 5, 2007, plus reasonable attorneys' fees and costs.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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