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VENUE MANAGEMENT SYSTEMS INC et al v. ACE FIRE UNDERWRITERS Complaint

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.

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ORIGINAL
P. K. SCHRIEFFER LLP Paul K. Schrieffer, Esq. (CSB#151358) Stanley R. Escalante, Esq. (CSB# 192474) 100 North Barranca Street, Suite 1100 West Covina, California 91791 Telephone: (626) 373-2444 Facsimile: (626) 974-8403
LOS ANGELES SUPERIOR COURT
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JOHN A. CLABKE, CLERK
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Counsel for Plaintiffs VENUE MANAGEMENT SYSTEMS, INC. and 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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VENUE MANAGEMENT SYSTEMS, INC., and 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB Plaintiffs, v. ACE FIRE UNDERWRITERS INSURANCE COMPANY & PACIFIC EMPLOYERS INSURANCE COMPANY, a business entity, form unknown; and DOES 1 to 300, inclusive,
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Case No. Assigned for All Purposes to COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB FOR: 1.
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DECLARATORY RELIEF (Duty to Indemnify) BREACH OF CONTRACT BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; NEGLIGENT INTERFERENCE r WITH PROSPECTIVE fE03N|pMIC ADVANTAGE •c r TJ 13
Defendants.
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TO THE HONORABLE COURT, TO ALL PARTIES HEREIN AND TOfTHEIR
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p i~1 COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC.OAND f r 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
RESPECTIVE ATTORNEYS OF RECORD: COMES NOW Plaintiffs VENUE MANAGEMENT SYSTEMS, INC. (hereinafter as "VMS") and 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB (hereinafter as "CABANA CLUB"), and hereby complain and allege as follows:
GENERAL ALLEGATIONS 1. Plaintiff VENUE MANAGEMENT SYSTEMS, INC. (hereinafter as "VMS") is,
and was at all times material to this action, a corporation duly organized and existing under and by virtue of the laws of the United States of America, authorized to transact, and in fact
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transacting, business in the County of Los Angeles, State of California.
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Plaintiff 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
(hereinafter as "CABANA CLUB") is, and was at all times material to this action, a corporation duly organized and existing under and by virtue of the laws of the United States of America,
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authorized to transact, and in fact transacting, business in the County of Los Angeles, State of California. 3. VMS and CABANA CLUB (hereinafter collectively as "PLAINTIFFS") are
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informed and believe, and thereupon allege, that Defendant ACE FIRE UNDERWRITERS INSURANCE COMPANY & PACIFIC EMPLOYERS INSURANCE COMPANY (hereinafter as "ACE USA"), a business entity, form is unknown, is, and was at all times relevant to this action, admitted in the State of California to transact the business of insurance, and in fact transacting business as an insurer, in the County of Los Angeles, State of California. 4. PLAINTIFFS are informed and believe, and thereupon allege, that DOE 1
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through DOE 300, Inclusive, are business entities whose forms are unknown, duly authorized to transact, and in fact transacting, business in the County of Los Angeles, State of California. 5. PLAINTIFFS are unaware of the true names and capacities, whether corporate,
individual, associate, or otherwise of the other defendants, and therefore sue these defendants by fictitious names DOE 1 through DOE 300, inclusive, pursuant to Cal. Civ. Proc. Code Section 474. When PLAINTIFFS ascertain the identities and exact nature of such fictitious defendants,
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
they will seek leave of this Court to amend this Complaint to assert the true names thereupon. 6. PLAINTIFFS are informed and believe, and thereupon allege, that the fictitiously
named defendants sued herein byfictitiousnames DOE 1 through DOE 300, inclusive, and each of them, are in some manner responsible for the acts herein alleged. 7. PLAINTIFFS are informed and believe, and thereupon allege, that the named
defendants, and each of them, the fictitiously named defendants sued herein by fictitious names DOE 1 through DOE 300, inclusive, and each of them, were the agents and/or employees of the other remaining defendants and were at all times acting within the purpose and scope of such agency and/or employment.
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ALLEGATIONS REGARDING THE ACE USA POLICIES OF INSURANCE 8. VMS is, and was at all times material to the above-captioned action, a
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Professional Employers Organization (hereinafter as "PEO"). In this capacity, VMS acts, among other things, as a payroll service and human resources department for hire, for its clients. 9. CABANA CLUB is, and was at all times material to the above-captioned action,
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a client of VMS for whom VMS provided PEO services. 10. In connection with the performance of its services as a PEO for CABANA
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CLUB, VMS procured workers compensation policies of insurance on behalf of CABANA CLUB including, but not necessarily limited to, Policy Number C45184687, with an effective policy period of 12-13-08 to 12-13-09 and Policy Number C45874904, with an effective policy period of 12-13-09 to 12-13-10 (hereinafter collectively as the "ACE USA Policies"). 11. In conformance with applicable and governing California law, VMS procured the
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Subject Policies in the name of CABAN CLUB, as its client, and the ACE USA Policies were issued by ACE USA. 12. PLAINTIFFS are informed and believe, and thereupon allege, that CABANA
CLUB, as the named insured, duly performed each and every covenant and/or condition of the operative ACE USA Policies including, but not necessarily limited to, paying all premiums due thereunder in a timely fashion so as to maintain coverage as current at all times relevant hereto.
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENCA PARTNERS, LP dba CABANA CLUB
13.
PLAINTIFFS are informed and believe, and thereupon allege, that the ACE USA
Policies obligated ACE USA to defend and indemnify CABANA CLUB against any suit in which damages are sought, as well as in any claim made for damages. 14. PLAINTIFFS are informed and believe, and thereupon allege, that ACE USA
did, in fact, adjust and pay claims made pursuant to the ACE USA Policies.
ALLEGATIONS REGARDING THE ACE USA POLICIES 15. PLAINTIFFS are informed and believe, and thereupon allege, that during the
operative policy periods of the ACE USA Policies, various and multiple claimants alleged facts
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that created the potential for an award of damages that was within the scope of coverage provided by the ACE USA Policies. 16. PLAINTIFFS are informed and believe, and thereupon allege, that all such
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claims were made, adjusted and paid pursuant to the ACE USA Policies. 17. PLAINTIFFS are informed and believe, and thereupon allege, that all such
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claims made, adjusted and paid pursuant to the ACE USA Policies were done so properly, legitimately, legally, and in conformance with applicable and governing California law as well as the terms of the ACE USA Policies themselves. 18. PLAINTIFFS are informed and believe, and thereupon allege, that
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notwithstanding the foregoing, in or about 2012, ACE USA, through its agents, including, but
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not necessarily limited to, Jack Keenan of ACE USA's Global Fraud Unit, wrongfully and without proper justification initiated a fraud investigation in connection with the ACE Policies. 19. PLAINTIFFS are informed and believe, and thereupon allege, that ACE USA
wrongfully, incorrectly, and illegally, took the position that the aforementioned claims that were made, adjusted and paid pursuant to the ACE USA Policies were done so improperly, illegitimately and illegally. 20. PLAINTIFFS are informed and believe, and thereupon allege, that ACE USA
thereafter wrongfully, incorrectly, and illegally, demanded reimbursement for all sums paid pursuant to the ACE USA Policies.
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
FIRST CAUSE OF ACTION (For Declaratory Relief Regarding the Duty to Indemnify By CABANA CLUB Against All Defendants) 21. CABANA CLUB repeats, re-alleges, and incorporates herein by reference, the
allegations set forth in Paragraphs 1 through 20, inclusive, as though fully set forth herein. 22. CABANA CLUB contends that defendants, and each of them, had a duty to
defend and indemnify CABANA CLUB as to all claims made, adjusted and paid pursuant to the ACE USA Policies. 23. A present dispute and controversy has arisen and now exists between CABANA
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CLUB on the one hand, and defendants, and each of them, on the other, with regard to the
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obligations of Defendants, and each of them, pursuant to ACE USA Policies. CABANA CLUB contends that, pursuant to the ACE USA Policies, Defendants, and each of them had a duty to defend and indemnify CABANA CLUB as to all claims made, adjusted and paid pursuant to the ACE USA Policies. CABANA CLUB is further informed and believes, and thereupon further
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alleges, that Defendants, and each of them, dispute this contention and take the position that Defendants, and each of them, owed no such obligation under the ACE USA Policies, and
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further deny any obligation whatsoever to defend and indemnify CABANA CLUB. 24. CABANA CLUB desires a judicial determination of the rights and obligations of
the parties under their respective policies. Specifically, CABANA CLUB requests that the
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Court declare that Defendants, and each of them, has/had a duty to defend and indemnify CABANA CLUB as to all such claims made, adjusted and paid pursuant to the ACE USA Policies. 25. A declaration by this Court is necessary and appropriate in order to resolve the
present dispute and controversy between the parties with regard to the obligation of Defendants, and each of them, to defend and indemnify CABANA CLUB as to all such claims made, adjusted and paid pursuant to the ACE USA Policies. 26. 27. CABANA CLUB has no adequate remedy at law. Declaratory relief from this Court will terminate the present dispute and
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
controversy.
SECOND CAUSE OF ACTION (For Breach of Contract By CABANA CLUB Against AH Defendants) 28. CABANA CLUB repeats, re-alleges, and incorporates herein by reference, the
allegations set forth in Paragraphs 1 through 27, inclusive, as though fully set forth herein. 29. CABANA CLUB is informed and believes, and thereupon alleges, that as set
forth above, CABANA CLUB has duly performed each and every covenant and/or condition of the ACE USA Policies and/or has been excused from so performing as a result of the breaches
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by Defendants, and each of them, of their respective insurance agreement(s).
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CABANA CLUB is informed and believes, and thereupon alleges, that pursuant
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to the terms of the ACE USA Policies, Defendants, and each of them, agreed to defend and indemnify CABANA CLUB as to any and all damages for any claims potentially within the scope of coverage provided by ACE USA Policies. CABANA CLUB is further informed and believes, and thereupon further alleges, that said duty included a duty to defend all such claims and to conduct an adequate investigation of any claims. 31. CABANA CLUB is informed and believes, and thereupon alleges, that
Defendants, and each of them, by their own act and/or omissions and/or the acts and/or omissions of others chargeable to them, materially breached the terms the of the ACE USA
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Policies including but not necessarily limited to, the failure and refusal of Defendants, and each of them, to do one or more of the following: a. Adequately respond to the written notice of the claim, the demand for a defense and other correspondence; b. c. d. Adequately investigate the underlying claim; Provide an appropriate defense to CABANA CLUB; Reimburse CABANA CLUB for attorneys' fees and other costs associated with the mitigation, investigation, defense and settlement of the claim.
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
32.
CABANA CLUB is further informed and believes, and thereupon further alleges,
that Defendants, and each of them, by their own act and/or omissions and/or the acts and/or omissions of others chargeable to them, materially breached the terms the of the ACE USA Policies including but not necessarily limited to, the acts by Defendants, and each of them, as follows: a. Wrongfully and without proper justification initiating a fraud investigation in connection with the ACE Policies; b.
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Wrongfully, incorrectly, and illegally, takking the position that the aforementioned claims that were made, adjusted and paid pursuant to the ACE USA Policies were done so improperly, illegitimately and illegally;
c.
Wrongfully, incorrectly, and illegally, demanding reimbursement for all sums paid pursuant to the ACE USA Policies.
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33.
PLAINTIFFS are informed and believe, and thereupon allege, that Defendants,
and each of them, refused, and continue to refuse, to indemnify, CABANA CLUB pursuant toth
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terms of the ACE USA Policies. 34. CABANA CLUB is informed and believes, and thereupon alleges, that as a
direct and proximate result of each of the breaches by Defendants, and each of them, of their
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contractual duties under the ACE USA Policies, CABANA CLUB has been damaged in an amount to be determined at trial, according to proof, but in an amount within the jurisdiction of this Court.
THIRD CAUSE OF ACTION (For Breach of the Implied Covenant of Good Faith and Fair Dealing By CABANA CLUB Against AH Defendants) 35. CABANA CLUB repeats, re-alleges, and incorporates herein by reference, the
allegations set forth in Paragraphs 1 through 34, inclusive, as though fully set forth herein. 36. CABANA CLUB is informed and believes, and thereupon alleges, that at all
material times, Defendants, and each of them, had the duty to act fairly and in good faith toward
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
PLAINTIFF'S Assignee in carrying out their responsibilities under their respective policy(ies) of insurance. 37. CABANA CLUB is informed and believes, and thereupon alleges, that pursuant
to the ACE USA Policies, Defendants, and each of them, had an implicit obligation to act fairly and in good faith to CABANA CLUB, to promptly and reasonably investigate claims, and to make reasonable coverage decisions. 38. CABANA CLUB is informed and believes, and thereupon alleges, that
Defendants, and each of them, among other things, agreed to defend and indemnify CABANA CLUB against claims and suits brought against CABANA CLUB even if said claims or suits
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were groundless, false or fraudulent. CABANA CLUB is further informed and believes, and thereupon further alleges, that Defendants, and each of them, also had a duty to conduct an adequate investigation of all claims made, adjusted and paid pursuant to the ACE USA Policies. 39. CABANA CLUB is informed and believes, and thereupon alleges, that
Defendants, and each of them, without proper cause, breached their obligation to act fairly and in good faith toward CABANA CLUB by doing one or more of the following:
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Failing to conduct a reasonable, prompt and unbiased investigation into all claims made, adjusted and paid pursuant to the ACE USA Policies;
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Delaying and/or failing to reach a decision as to whether to provide a defense and/or coverage for all claims made, adjusted and paid pursuant
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to the ACE USA Policies; c. Failing to provide a defense and/or coverage to CABANA CLUB as to all claims made, adjusted and paid pursuant to the ACE USA Policies without proper cause and without regard to the provisions of the ACE USA Policies, relevant case law, facts alleged in said claims or otherwise available to Defendants, and each of them, through reasonable investigation; d. Basing coverage decisions on the desire of Defendants, and each of them, to reduce or avoid their obligations to CABANA CLUB;
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
e.
Refusing to defend and indemnify CABANA CLUB as to all claims made, adjusted and paid pursuant to the ACE USA Policies, with the intention of coercing CABANA CLUB to forego the benefits of the ACE USA Policies;
f.
Failing to acknowledge communications from, or on behalf of, CABANA CLUB in violation of Sections 2695.5, 2695.6 and 2695.7 of the California Code ofRegulations;
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Instituting and maintaining procedures, policies and/or employment compensation plans which impair or preclude fair claims handling;
h.
Wrongfully and without proper justification initiating a fraud investigation in connection with the ACE Policies;
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Wrongfully, incorrectly, and illegally, takking the position that the aforementioned claims that were made, adjusted and paid pursuant to the ACE USA Policies were done so improperly, illegitimately and illegally;
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Wrongfully, incorrectly, and illegally, demanding reimbursement for all sums paid pursuant to the ACE USA Policies.
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Taking the actions referenced in subparagraphs "a" through "k," inclusive, as referenced above, as part of a systematic and deliberate scheme to withhold policy benefits that would otherwise be due.
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40.
CABANA CLUB is informed and believes, and thereupon alleges, that
Defendants, and each of them, have refused, and continues to refuse, to defend and indemnify CABANA CLUB as to all claims made, adjusted and paid pursuant to the ACE USA Policies, in violation of the express terms of the ACE USA Policies. 41. CABANA CLUB is informed and believes, and thereupon alleges, that the
officers, directors and/or managing agents and/or employees of Defendants, and each of them, participated in, authorized and/or ratified the wrongful conduct alleged above. 42. CABANA CLUB is informed and believes, and thereupon alleges, that as a
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direct and proximate result of each of the breaches by Defendants, and each of them, of their
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
respective contractual duties under their respective policy(ies) of insurance, CABANA CLUB has been damaged in an amount to be determined at trial, according to proof, but in an amount within the jurisdiction of this Court. 43. CABANA CLUB is informed and believes, and thereupon alleges, that it is
further entitled to recover as damages from Defendants, and each of them, all fees, expenses and costs incurred in bringing this action to enforce its rights under the ACE USA Policies issued by defendants, and each of them, plus interest thereupon, according to proof. 44.
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CABANA CLUB is informed and believes, and thereupon alleges, that the above
described conduct of Defendants, and each of them, has been, and continues to be,
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unreasonable, capricious and arbitrary, and constitutes a breach of the covenant of good faith and fair dealing contained in their respective policies of insurance. CABANA CLUB is further informed and believes, and thereupon further alleges, that the above described conduct further constitutes malicious, oppressive and despicable conduct and conscious disregard of the rights of CABANA CLUB, and stems from improper and evil motives, including the desire of Defendants, and each of them, to reduce or avoid their obligations to CABANA CLUB so as to justify an award of punitive and exemplary damages. Additionally, CABANA CLUB is
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informed and believes, and thereupon alleges, that the acts of Defendants, and each of them, as described in the above paragraphs, constitute a systematic, methodical and general scheme to improperly, unfairly and unreasonably deprive insureds, such as CABANA CLUB, of the
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benefits of insurance coverage to which they are entitled.
FOURTH CAUSE OF ACTION (Intentional Interference with Prospective Economic Advantage By VMS Against All Defendants) 45. VMS repeats, re-alleges, and incorporates herein by reference, the allegations set
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forth in Paragraphs 1 through 44, inclusive, as though fully set forth herein. 46. At all material times hereto, an economic relationship existed between VMS and
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its client, CABANA CLUB, whereby VMS provided services to CABANA CLUB as a PEO, as
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
alleged herein. The relationship between VMS and CABANA CLUB existed at all material times hereto and represented a probable future economic benefit for VMS. 47. VMS is informed and believes, and thereupon alleges, that Defendants, and each
of them, knew and/or should have known of the existence of this relationship. 48. VMS is informed and believes, and thereupon alleges, that Defendants, and each
of them, by and through their agents, including, but not necessarily limited to, Mr. Michael Santangelo, contacted CABANA CLUB and represented, stated, intimated and/or implied that VMS engaged in wrongful conduct toward CABANA CLUB, including that VMS may have misappropriated, misapplied and/or embezzled funds from CABANA CLUB which were to
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have been applied to the premiums for the ACE USA Policies and/or represented premium
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refunds from the ACE USA Policies. 49. VMS is informed and believes, and thereupon alleges, that Defendants, and each
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of them, knew and/or should have known that the aforementioned statements were false. Furthermore, Defendants had no good cause for making the aforementioned statements to VMS's client, CABANA CLUB. 50. VMS is informed and believes, and thereupon alleges, that in making the
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aforementioned false statements, Defendants, and each of them, intentionally engaged in
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wrongful conduct designed to interfere with or disrupt the relationship between VMS and its client, CABANA CLUB.
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51.
VMS is informed and believes, and thereupon alleges, that as a result of this
interference, the economic relationship between VMS and its client, CABANA CLUB was actually interfered with insofar as Defendants, and each of them, has attributed and/or suggested inappropriate, unethical and/or illegal conduct by VMS as to its clients, which has materially impaired the economic relationship between VMS and its client, CABANA CLUB, and has wrongfully, improperly and without proper justification created the prospect of distrust by CABANA CLUB of VMS. 52. VMS is informed and believes, and thereupon alleges, that the conduct by
Defendants, and each of them, was designed to interfere with and disrupt the relationship u
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
between VMS and its client, CABANA CLUB, and has, in fact, done so. 53. VMS is informed and believes, and thereupon alleges, that as a direct result of
the wrongful conduct by Defendants, and each of them, VMS has been damaged in an amount to be proven at trial. 54. VMS is informed and believes, and thereupon alleges, that Defendants and each
of them acted willfully, maliciously, oppressively, and with the intent of harming VMS, as alleged herein, thereby entitling VMS to punitive and exemplary damages as against Defendants, and each of them.
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FIFTH CAUSE OF ACTION
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(Negligent Interference with Prospective Economic Advantage By VMS Against All Defendants) 55. VMS repeats, re-alleges, and incorporates herein by reference, the allegations set
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forth in Paragraphs 1 through 54, inclusive, as though fully set forth herein. 56. At all material times hereto, an economic relationship existed between VMS and
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its client, CABANA CLUB, whereby VMS provided services to CABANA CLUB as a PEO, as alleged herein. The relationship between VMS and CABANA CLUB existed at all material times hereto and represented a probable future economic benefit for VMS. 57. VMS is informed and believes, and thereupon alleges, that Defendants, and each
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of them, knew and/or should have known of the existence of this relationship. 58. VMS is informed and believes, and thereupon alleges, that Defendants, and each
of them, by and through their agents, including, but not necessarily limited to, Mr. Michael Santangelo, contacted CABANA CLUB and represented, stated, intimated and/or implied that VMS engaged in wrongful conduct toward CABANA CLUB, including that VMS may have misappropriated, misapplied and/or embezzled funds from CABANA CLUB which were to have been applied to the premiums for the ACE USA Policies and/or represented premium refunds from the ACE USA Policies. 59. VMS is informed and believes, and thereupon alleges, that Defendants, and each
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
of them, knew and/or should have known that the aforementioned statements were false. Furthermore, Defendants had no good cause for making the aforementioned statements to VMS's client, CABANA CLUB. 60. VMS is informed and believes, and thereupon alleges, that In making the
aforementioned false statements, Defendants, and each of them, intentionally engaged in wrongful conduct designed to interfere with or disrupt the relationship between VMS and its client, CABANA CLUB. 61.
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VMS is informed and believes, and thereupon alleges, that As a result of this
interference, the economic relationship between VMS and its client, CABANA CLUB was actually interfered with insofar as Defendants, and each of them, has attributed and/or suggested
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inappropriate, unethical and/or illegal conduct by VMS as to its clients, which has materially impaired the economic relationship between VMS and its client, CABANA CLUB, and has wrongfully, improperly and without proper justification created the prospect of distrust by CABANA CLUB of VMS.
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62.
VMS is informed and believes, and thereupon alleges, that The conduct by
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Defendants, and each of them, was designed to interfere with and disrupt the relationship between VMS and its client, CABANA CLUB, and has, in fact, done so. 63. VMS is informed and believes, and thereupon alleges, that As a direct result of

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the wrongful conduct by Defendants, and each of them, VMS has been damaged in an amount
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to be proven at trial.
SIXTH CAUSE OF ACTION (Defamation Per Se By VMS Against All Defendants) 64. VMS repeats, re-alleges, and incorporates herein by reference, the allegations set
forth in Paragraphs 1 through 63, inclusive, as though fully set forth herein. 65. At all material times hereto, VMS provided services to its client, CABANA
CLUB, as a PEO, as alleged herein. 66. VMS is informed and believes, and thereupon alleges, that Defendants, and each
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COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
of them, knew and/or should have known of the existence of this relationship. 67. VMS is informed and believes, and thereupon alleges, that Defendants, and each
of them, by and through their agents, including, but not necessarily limited to, Mr. Michael Santangelo, contacted CABANA CLUB and represented, stated, intimated and/or implied that VMS engaged in wrongful conduct toward CABANA CLUB, including that VMS may have misappropriated, misapplied and/or embezzled funds from CABANA CLUB which were to have been applied to the premiums for the ACE USA Policies and/or represented premium refunds from the ACE USA Policies. 68.
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VMS is informed and believes, and thereupon alleges, that CABANA CLUB
reasonably understood the aforementioned statements by Defendants, and each of them, were of
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and concerning VMS. 69. VMS is informed and believes, and thereupon alleges, that CABANA CLUB
reasonably understood the aforementioned statements by Defendants, and each of them, to mean
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that VMS was not fit to perform its function as a PEO for CABANA CLUB by reason of,
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including, but not necessarily limited to false assertions, intimations suggestions and/or implications that that VMS may have misappropriated, misapplied and/or embezzled funds from
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CABANA CLUB which were to have been applied to the premiums for the ACE USA Policies and/or represented premium refunds from the ACE USA Policies: 70.
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VMS is informed and believes, and thereupon alleges, that Defendants, and each
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of them, have attributed and/or suggested inappropriate, unethical and/or illegal conduct by VMS as to its client, CABANA CLUB. 71. VMS is informed and believes, and thereupon alleges, that Defendants, and each
of them, knew and/or should have known that the aforementioned statements were false. Furthermore, VMS is further informed and believes, and thereupon further alleges, that, Defendants, and each of them, failed to use and exercise reasonable care to determine the truth or falsity of the aforementioned statements. 72. In making the aforementioned false statements, Defendants, and each of them,
In I.
26 27 28
intentionally engaged in wrongful conduct with knowing falsity of the aforementioned
14
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
statements and/or a reckless regard for the truth or falsity thereof. 73. As a direct result of the wrongful conduct by Defendants, and each of them,
VMS has been damaged in an amount to be proven at trial. 74. VMS is informed and believes, and thereupon alleges, that Defendants and each
of them acted willfully, maliciously, oppressively, and with the intent of harming VMS, as alleged herein, thereby entitling VMS to punitive and exemplary damages as against Defendants, and each of them.
WHEREFORE, PLAINTIFFS pray for relief against Defendants, and each of them, as
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follows:
ON THE FIRST CAUSE OF ACTION (For Declaratory Relief Regarding the Duty to Indemnify By CABANA CLUB Against All Defendants) 1. For a declaration of the parties' rights and obligations under the ACE USA
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Policies at issue in this action; 2. For a declaration that, pursuant to ACE USA Policies, Defendants, and each of
them had a duty to defend and indemnify CABANA CLUB as to all claims made, adjusted and paid pursuant to the ACE USA Policies;
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20 21 22 23 24 25 26 27 28
ON THE SECOND CAUSE OF ACTION 3. 4. (For Breach of Contract By CABANA CLUB Against All Defendants) For compensatory damages in an amount to be determined at trial, together with
interest thereon, according to proof, but in an amount within the jurisdiction of this Court; 5. For consequential damages according to proof, but in an amount within the
jurisdiction of this Court;
/// ///
15
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
ON THE THIRD CAUSE OF ACTION (For Breach of the Implied Covenant of Good Faith and Fair Dealing By CABANA CLUB Against All Defendants) 6. For compensatory damages in an amount to be determined at trial, together with
interest thereon, according to proof, but in an amount within the jurisdiction of this Court; 7. For consequential damages according to proof, but in an amount within the
jurisdiction of this Court; 8.
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For punitive and exemplary damages, according to proof;
ON THE FOURTH CAUSE OF ACTION
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(Intentional Interference with Prospective Economic Advantage By VMS Against All Defendants) 9. For general damages in an amount to be determined at trial, together with interest
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thereon, according to proof, but in an amount within the jurisdiction of this Court; 10. For compensatory damages according to proof, but in an amount within the
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For punitive and exemplary damages, according to proof;
ON THE FIFTH CAUSE OF ACTION
20 21 22 23 24 25 26 27 28
(Negligent Interference with Prospective Economic Advantage By VMS Against All Defendants) 12. For general damages in an amount to be determined at trial, together with interest
thereon, according to proof, but in an amount within the jurisdiction of this Court; 13. For compensatory damages according to proof, but in an amount within the
jurisdiction of this Court;
/// /// ///
16
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
ON THE SIXTH CAUSE OF ACTION (Defamation Per Se By VMS Against All Defendants) 14. For general damages in an amount to be determined at trial, together with interest
thereon, according to proof, but in an amount within the jurisdiction of this Court; 15. For compensatory damages according to proof, but in an amount within the
jurisdiction of this Court; 16. For punitive and exemplary damages, according to proof;
FOR ALL CAUSES OF ACTION
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For damages in an amount to be proven at trial; For attorneys' fees, together with the costs of suit, incurred in this litigation; For prejudgment interest at the legal rate often percent (10%) per annum; and, For any such other and further relief as this Court deems just and proper.
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Dated: November ±/, 2012
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Paul KJjpftfteTfer, Esq. itanJey R. Escalante, Esq. Attorneys for Plaintiffs VENUE MANAGEMENT SYSTEMS, INC. and 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
17
COMPLAINT OF VENUE MANAGEMENT SYSTEMS, INC. AND 1430 NORTH CAHUENGA PARTNERS, LP dba CABANA CLUB
CM-010
ATTORNEY OR PARTY WTH0UT ATTORNEY (Nans, State Bar number, ana address): FOR COURT USE ONLY
CD
-Stanley R. Escalante, Esq. (Bar S192474) P.K. Schrieffcr LLP 100 N. Barranca Street, Suite 1100 West Covina,CA 91791
TELEPHONE NO: (626) 373-2444
ATTORNEY FOR (Name): P l a i n t i f f s
FAX NO.; (626) 974-8403
LOSANGELESSUPERIOR COURT
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF L O S A N G E L E S STREET ADDRESS: ] 11 N . H i l l Street MAILING ADDRESS: Same A s A b o v e CITY AND ZIP CODE Los Angeles 90012 BRANCH NAME: Central
NOV 2 7 Z 0 U
JOHN A. CLABKE, CLERK BYMARYFMTDiPtm
CASE NUMBER:
CASE NAME: Venue Management Systems, Inc., et a), v. ACE Fire Underwriters Insurance Compay, et al
CIVIL CASE COVER SHEET [~x1 Unlimited • Limited (Amount (Amount demanded demanded is exceeds $25,000) $25,000 or less) Complex Case Designation
I I Counter I I Joinder
JUDGE:
QC49 6 3 4 4
Filed with first appearance by defendant DEPT: (Cal. Rules of Court, rule 3.402) Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case; Contract Provisionally Complex Civil Litigation Auto Tort I X I Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) Auto (22) I I Antitrust/Trade regulation (03) I I Rule 3.740 collections (09) Uninsured motorist (46)
H
Other PI/PD7WD (Personal Injury/Property Damage/Wrongful Death) Tort C H Asbestos (04) I I Product liability (24) I J Medical malpractice (45) H Z l Other PI/PD/WD (23) Non-PI/PD/WD (Other) Tort
L J I \
Other collections (09) I Insurance coverage (18) J Other contract (37)
I I I I I
I Construction defect (10) I Mass tort (40) I Securities litigation (28) I Environmental/Toxic tort (30) I Insurance coverage claims arising from the above listed provisionally complex case types (41) I Enforcement of judgment (20) ] RICO (27) I Other complaint (not specified above) (42) I Partnership and corporate governance (21) I Other petition (not specified above) (43)
Real Property I | Eminent domain/Inverse condemnation (14) I ] Wrongful eviction (33)
I Other real property (26) — J Business tort/unfair business practice (07) I Unlawful Detainer C H Civil rights (08) L ] Commercial (31) I I Defamation (13) I I Residential (32) C D Fraud (16) L J Intellectual property (19) • Drugs (38) L _ J Professional negligence (25) Judicial Review I H I Asset forfeiture (05) L_ ] Petition re: arbitration award (11) I I ] Writ of mandate (02) J Other judicial review (39)
Enforcement of Judgment I I I I I Miscellaneous Civil Complaint
Miscellaneous Civil Petition
B
2. b. I c. |
LZZI Other non-Pl/PD/WD tort (35) loyment Wrongful termination (36) I | Other employment (15)
This case I I is | _ x j is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. C _ ] Large number of separately represented parties I Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve I Substantial amount of documentary evidence d. I e. I f. I I Large number of witnesses I Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court I Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.l X I monetary 4. Number of causes of action (specify): S I X ( 6 )
b l X I nonmonetary; declaratory or injunctive
5. This case I I is I X i is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case
Date: November 27, 2012 StanleyOR PRINT l-JAME) R. Escalante (TYPE

(SIGNATURE^ PARTY OR ATTORNEY FOR PARTY)
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NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only
_ _ ^
Form Adopted for Mandatory Use Judicial Coundl of California CM-010 [Rev July 1,2007]
CIVIL CASE COVER SHEET
__^_ Paga 1 of 2 Cal. Rules of Court, ules 2.30, 3.220.3.400-3.403, 3.740; Cal. Standards of Judicial Administration, ad 3.10 www.courtintocagm LexisNexis® A uiomated California Judicial Council Forms
I CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below, A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Provisionally Complex Civil Litigation (Cal. Contract Auto Tort Rules of Court Rules 3.400-3.403) Breach of Contract/Warranty (06) Auto (22)-Personal Injury/Property Antitrust/Trade Regulation (03) Breach of Rental/Lease Damage/Wrongful Death Construction Defect (10) Contract (not unlawful detainer Uninsured Motorist (46) (// the Claims Involving Mass Tort (40) or wrongful eviction) case involves an uninsured Securities Litigation (28) Contract/Warranty Breach-Seller motorist claim subject to Environmental/Toxic Tort (30) Plaintiff (nof fraud or negligence) arbitration, check this item Insurance Coverage Claims Negligent Breach of Contract/ instead of Auto) (arising from provisionally complex Warranty Other PI/PD/WD (Personal Injury/ case type listed above) (41) Other Breach of Contract/Warranty Property Damage/Wrongful Death) Enforcement of Judgment Collections (e.g., money owed, open Tort Enforcement of Judgment (20) book accounts) (09) Asbestos (04) Abstract of Judgment (Out of Collection Case-Seller Plaintiff Asbestos Property Damage County) Other Promissory Note/Collections Asbestos Personal Injury/ Confession of Judgment (nonCase Wrongful Death domestic relations) Insurance Coverage (not provisionally Product Liability (not asbestos or Sister State Judgment complex) (18) toxic/environmental) (24) Administrative Agency Award Auto Subrogation Medical Malpractice (45) (not unpaid taxes) Other Coverage Medical MalpracticePetition/Certification of Entry of Other Contract (37) Physicians & Surgeons Judgment on Unpaid Taxes Contractual Fraud Other Professional Health Care Other Enforcement of Judgment Other Contract Dispute Malpractice Case Real Property Other PI/PD/WD (23) Miscellaneous Civil Complaint Eminent Domain/Inverse Premises Liability (e.g., slip RICO (27) Condemnation (14) and fall) Other Complaint (not specified Wrongful Eviction (33) Intentional Bodily Injury/PD/WD above) (42) Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) Declaratory Relief Only Writ of Possession of Real Property Intentional Infliction of Injunctive Relief Only (nonMortgage Foreclosure Emotional Distress harassment) Quiet Title Negligent Infliction of Mechanics Lien Emotional Distress Other Real Property (not eminent Other Commercial Complaint Other PI/PD/WD domain, landlordAenant, or Case (non-tort/non-complex) Non-PI/PD/WD (Other) Tort foreclosure) Other Civil Complaint Unlawful Detainer Business Tort/Unfair Business (non-tort/non-complex) Commercial (31) Practice (07) Miscellaneous Civil Petition Residential (32) Civil Rights (e.g., discrimination, Partnership and Corporate false arrest) (nor civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) (13) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change (nof medical or legal) Case Matter Petition for Relief From Late Other Non-PI/PD/WD Tort (35) Claim Writ-Other Limited Court Case Employment Other Civil Petition Review Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Page 2 of 2 CM-O10[Rev July 1,2007! CIVIL CASE COVER SHEET LexisNexis® Automated California Judicial Council Forms
• - * H » T TITLE:
Venue Management, et al. v. ACE Fire Underwriters, et al.
CASE NUMBER
BC±9B»44
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CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL? H YES CLASS ACTION? L J YES LIMITED CASE? Q Y E S TIME ESTIMATED FOR TRIAL 7-10 D HOURS/ B DAYS
Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4): Step 1 : After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step 2: Check one Superior Court type of action in Column B below which best describes the nature of this case. Step 3: In Column C, circte the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule 2.0. Applicable Reasons for Choosing Courthouse Location (see Column C below)
1. 2. 3. 4. 5. Class actions must be filed in the Stanley Mosk Courthouse, central district. May be filed in central (other county, or no bodily injury/property damage). Location where cause of action arose. Location where bodily injury, death or damage occurred. Location where performance required or defendant resides. 6. 7. 8. 9. 10. Location of property or permanently garaged vehicle. Location where petitioner resides. Location wherein defendant/respondent functions wholly. Location where one or more of the parties reside. Location of Labor Commissioner Office
Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.
A
Civil Case Cover Sheet Category No.
B
Type of Action (Check only one) D A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death D A7110 Personal Injury/Property Damage/Wrongful Death -Uninsured Motorist D • A6070 Asbestos Property Damage A7221 Asbestos - Personal Injury/Wrongful Death
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Applicable Reasons See Step 3 Above 1.,2.,4. 1., 2., 4. 2. 2. 1., 2.,3.,4.,8. 1.,4. 1., 4. 1., 4. 1..4. 1„3. 1..4.
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Auto (22) Uninsured Motorist (46)
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Asbestos (04)
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Product Liability (24)
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D A7260 Product Liability (not asbestos or toxic/environmental) G A7210 Medical Malpractice - Physicians & Surgeons
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Medical Malpractice (45)
D A7240 Other Professional Health Care Malpractice O A7250 Premises Liability (e.g., slip and fall)
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Other Personal Injury Property Damage Wrongful Death (23)
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A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, vandalism, etc.) A7270 Intentional Infliction of Emotional Distress
D A7220 Other Personal Injury/Property Damage/Wrongful Death
LACIV 109 (Rev. 03/11) LASC Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0 Page 1 of 4
SHORT TITLE:
CASE NUMBER
Venue Management, et al. v. ACE Fire Underwriters, et al. A
Civil Case Cover Sheet Category No. Business Tort (07) Civil Rights (08) Defamation (13) Fraud (16) D D D • D Professional Negligence (25) D Other(35) Wrongful Termination (36) • • D Other Employment (15) • D Breach of Contract/ Warranty (06) (not insurance) D D 0 • A6109 Labor Commissioner Appeals A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) A6008 ContractAVarranty Breach -Seller Plaintiff (no fraud/negligence) A6019 Negligent Breach of Contract/Warranty (no fraud) A6028 Other Breach of ContractA/Varranty (not fraud or negligence) A6002 Collections Case-Seller Plaintiff A6012 Other Promissory Note/Collections Case A6015 Insurance Coverage (not complex) A6009 Contractual Fraud A6031 Tortious Interference A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) A7300 Eminent Domain/Condemnation Number of parcels A6050 Other Professional Malpractice (not medical or legal) A6025 Other Non-Personal Injury/Property Damage tort A6037 Wrongful Termination A6024 Other Employment Complaint Case
B
Type of Action (Check only one) A6029 Other Commercial/Business Tort (not fraud/breach of contract) A6005 Civil Rights/Discrimination A6010 Defamation (slander/libel) A6013 Fraud (no contract) A6017 Legal Malpractice
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Applicable Reasons See Step 3 Above 1.,3. 1., 2 , 3 . 1,2., 3. 1..2, 3. 1..2, 3. 1.,2., 3. 2.,3. 1..2..3. 1., 2., 3. 10. 2., 5. 2.5. 1,2,5. 1.,2.,5. 2., 5., 6. 2., 5. 1..2..5-, 8. 1.,2.,3.,5. 1., 2 , 3 , 5. 1., 2 , 3 , 8. 2. 2., 6. 2., 6. 2.. 6. 2,6. 2., 6. 2,6. 2,6. 2,6.
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Collections (09) • Insurance Coverage (18) • D Other Contract (37) D • Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) D
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A6023 Wrongful Eviction Case A6018 Mortgage Foreclosure A6032 Quiet Title A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)
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Other Real Property (26) D D Unlawful Detainer-Commercial (31) Unlawful Detainer-Residential (32) Unlawful DetainerPost-Foreclosure (34) Unlawful Detainer-Drugs (38) •
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A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
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A6020F Unlawful Detainer-Post-Foreclosure A6022 Unlawful Detainer-Drugs
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LACIV109 (Rev. 03/11) LASC Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0 Page 2 of 4
SHORT TITLE:
CASE NUMBER
Venue Management, et al. v. ACE Fire Underwriters, et al.
A
Civil Case Cover Sheet Category No. Asset Forfeiture (05)
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B
. Type of Action (Check only one)
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Applicable Reasons See Step 3 Above 2., 6. 2., 5. 2., 8. 2. 2. 2., 8. 1., 2., 8. 1., 2 , 3 . 1..2..8. 1.2., 8. 1.,2., 3., 8. 1., 2., 5., 8. 2.. 9. 2., 6. 2., 9. 2., 8. 2., 8. 2 , 8., 9. 1.,2., 8. 1.,2„ 8. 2., 8. 1..2..8. 1,2., 8. 2., 8. 2., 3., 9. 2., 3., 9. 2., 3 , 9. 2. 2., 7. 2.. 3.. 4., 8. 2., 9.
D A6108 Asset Forfeiture Case D A6115 Petition to Compel/Confirm/Vacate Arbitration 0 A6151 Writ - Administrative Mandamus A6152 Writ - Mandamus on Limited Court Case Matter A6153 Writ - Other Limited Court Case Review A6150 Other Writ/Judicial Review
Petition re Arbitration (11)
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3
Writ of Mandate (02)
• •
Other Judicial Review (39)
C O
D
Antitrust/Trade Regulation (03) Construction Defect (10)
D A6003 Antitrust/Trade Regulation D A6007 Construction Defect O A6006 Claims Involving Mass Tori D A6035 Securities Litigation Case D A6036 Toxic Tort/Environmental D A6014 Insurance Coverage/Subrogation (complex case only) 0 A6141 Sister State Judgment A6160 Abstract of Judgment A6107 Confession of Judgment (non-domestic relations)
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Claims Involving Mass Tort (40) Securities Litigation (28) Toxic Tort Environmental (30) Insurance Coverage Claims from Complex Case (41)
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Enforcement of Judgment (20)
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D A6140 Administrative Agency Award (not unpaid taxes) D A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax
D A6112 Other Enforcement of Judgment Case RICO (27)
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D A6033 Racketeering (RICO) Case D A6030 Declaratory Relief Only A6040 Injunctive Relief Only (not domestic/harassment)
Other Complaints (Not Specified Above) (42)

D A6011 Other Commercial Complaint Case (non-tori/non-complex) D A6000 Other Civil Complaint (non-tort/non-complex)
Partnership Corporation Governance (21)
D •
A6113 Partnership and Corporate Governance Case A6121 Civil Harassment A6123 Workplace Harassment A6124 Elder/Dependent Adult Abuse Case
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• Other Petitions (Not Specified Above) (43) •
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O A6190 Election Contest D A6110 Petition for Change of Name D A6170 Petition for Relief from Late Claim Law D A6100 Other Civil Petition
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LACIV109 (Rev. 03/11) LASC Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0 Page 3 of4
SHORT TITLE:
CASE NUMBER
Venue Management, et al. v. ACE Fire Underwriters, et al.
Item III. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.
ADDRESS:
REASON: Check the appropriate boxes for the numbers shown under Column C for the type of action that you have selected for this case.'
1439 Ivar Avenue
0 1 . 02. D3. 04. 05. D6. 07. 08. 09. 010.
CITY: STATE: ZIP CODE:
Hollywood
CA
90028
Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk Central Rule 2.0, subds. (b), (c) and (d)]. courthouse in the District of the Superior Court of California, County of Los Angeles [Code Civ. Proa, § 392 et seq., and Local
Oated: November 27,2012
(SIGNATURE OF ATTORNEY/FILING PARTY)
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition. 2. If filing a Complaint, a completed Summons form for issuance by the Clerk. 3. Civil Case Cover Sheet, Judicial Council form CM-010. 4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 {Rev. 03/11). 5. Payment in full of the filing fee, unless fees have been waived. 6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a minor under 18 years of age will be required by Court in order to issue a summons. 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case.
Li
LACIV 109 (Rev. 03/11) LASC Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0 Page 4 of4

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