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DENNIS A. CAMMARANO/BAR NO. 123662

CAMMARANO LAW GROUP 

555 East Ocean Boulevard, Suite 501

Long Beach, California 90802

Telephone: (562) 495-9501

Facsimile: (562) 495-3674

Attorneys for Plaintiff,

AGCS MARINE INSURANCE COMPANY 

UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF CALIFORNIA

AGCS MARINE INSURANCE

COMPANY,

Plaintiff,

vs.

TUTOR PERINI CORPORATION; and

DOES 1 through 10, inclusive,

 Defendants. 

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Case No.:

COMPLAINT FOR:

1. NEGLIGENCE;

2. TRESPASS TO CHATTELS;

3. TRESPASS;

4. CONVERSION AND 

5. ULTRA-HAZARDOUS 

 ACTIVITY

COMES NOW Plaintiff AGCS MARINE INSURANCE COMPANY

(herein "Plaintiff") by and through its undersigned counsel and pursuant to the

applicable Local Rules and Federal Rules of Civil Procedure, hereby sues

Defendant TUTOR PERINI CORPORATION; and DOES 1 through 10, inclusive

(herein "Defendants") and alleges as follows:

JURISDICTION AND VENUE

1. The court has jurisdiction pursuant to 28 U.S.C. 1332 in that the

citizenship and principal place of business of Plaintiff is diverse from those of 

Defendants, with the amount in controversy exceeding $75,000, exclusive of

interest and costs.

2. Venue is proper in this Court under 28 U.S.C. 1391(b) in that the

Complaint for Negligence, etc. 

Case 3:17-cv-00544-WHA Document 1 Filed 02/02/17 Page 1 of 5
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event given rise to the claim occurred within this judicial district.

3. Plaintiff, AGCS MARINE INSURANCE COMPANY (hereinafter

“AGCS” or “Plaintiff”) is an insurance corporation incorporated under the laws of

the State of Illinois, with an office and principal place of business at 28 Liberty

Street, 37th floor, New York, New York 10005. Plaintiff brings this action on its

own behalf as the inventory insurer of the owner of the Cargo described below

(Warren Corporation dba Lora Piana & Co., Inc.).

4. At all times material herein, Defendant TUTOR PERINI

CORPORATION (hereinafter “TUTOR PERINI” or with Does “Defendants”) was

a corporation incorporated under the laws of the State of Massachusetts, with an

office and principal place of business at 15901 Olden St., Sylmar, California

91342. This defendant is engaged in business a construction company. 

5. Plaintiff has no knowledge of the true names and capacities of

Defendants sued herein as Does 1 through 10 inclusive, except that Plaintiff is

informed and believes, and on that basis alleges, the damage to the Cargo was

proximately caused by Defendants’ wrongful acts. Plaintiff therefore sues these

Defendants by such fictitious names and Plaintiff will amend this complaint to

allege their true names and capacities when ascertained. 

6. Plaintiff is informed and believes, and on that basis alleges, that each

of the Doe Defendants were at all times herein mentioned the agent, servant,

employee or contractor of the other Defendants.

FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS

(Negligence)

7. Plaintiff refers to Paragraphs 1 through 6, inclusive, of this complaint,

and incorporates them herein as fully set forth. 

 8. On or about July 11, 2014, Defendants, and each of them, were

engaged in excavation, land compression demolition and construction work outside

the premises occupied by Plaintiff’s insured, Warren Corporation dba Lora Piana

Complaint for Negligence, etc. Page 2

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& Co., Inc., located at 212 Stockton St, San Francisco, California 94108 (hereafter

“Property”) when water intruded into the lower level of the Property, damaging the

inventory and business property of Plaintiff’s insured. (“Cargo”).

 9. The loss and damage to the Cargo was directly and proximately

caused by the negligence and carelessness of Defendants, and each of them. 

10. As a direct and proximate result of such conduct, Plaintiff and its

insured have been damaged in the sum of $1,520,991.00, plus miscellaneous

expenses, interest and costs, no part of which has been paid by Defendant, despite

demand therefor.

SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS

(Trespass to Chattels)

11. Plaintiff refers to paragraphs 1 through 10, inclusive of this complaint 

and incorporates them herein as though fully set forth.

12. At all times mentioned herein, Plaintiff’s insured was the owner of, 

and entitled to possession of, the Cargo. 

13. Through their construction work and/or the work of others for which

Defendants are responsible, Defendants deprived Plaintiff’s insured of the Cargo

and it’s value and caused associated damage from lost revenues, clean up and

removal costs.

14. By reason of the foregoing, Plaintiff and its insured have been

damaged in the sum of $1,520,991.00, plus miscellaneous expenses, interest and

costs, no part of which has been paid by Defendant, despite demand therefor.

THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS

(Trespass)

15. Plaintiff refers to paragraphs 1 through 14, inclusive of this complaint 

and incorporates them herein as though fully set forth.

16. At all times mentioned herein, Plaintiff’s insured had a valid lease for 

possession of the Property for the conduct of its business for the benefit of

Complaint for Negligence, etc. Page 3

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Plaintiff’s insured.

17. Through Defendants acts, water entered the Property and 

damaged the Cargo and thereby deprived Plaintiff’s insured of its value and

causing associated damage from lost revenues, clean up and removal costs.

18. By reason of the foregoing, Plaintiff and its insured have been

damaged in the sum of $1,520,991.00, plus miscellaneous expenses, interest and

costs, no part of which has been paid by Defendant, despite demand therefor.

FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS

(Conversion)

19. Plaintiff refers to paragraphs 1 through 18, inclusive of this complaint 

and incorporates them herein as though fully set forth.

20. At all times mentioned herein, Plaintiff’s insured was the owner of 

and entitled to possession of the Cargo. 

21. Through their construction work, Defendants damaged the Cargo 

and thereby deprived Plaintiff’s insured of its value.

22. By reason of the foregoing, Plaintiff and its insured have been

damaged in the sum of $1,520,991.00, plus miscellaneous expenses, interest and

costs, no part of which has been paid by Defendant, despite demand therefor.

FIFTH CAUSE OF ACTION AGAINST ALL DEFENDANTS

(Ultra-Hazardous Activity)

23. Plaintiff refers to paragraphs 1 through 6, inclusive of this complaint 

and incorporates them herein as though fully set forth.

24. The work undertaken by or on behalf of Defendants necessarily

involved the risk of serious harm to others, including Plaintiff’s insured, and which

is not a matter of common usage. The risk of such harm could not be eliminated

through the exercise of utmost care.

25. Through their activities, Plaintiff and its insured have been damaged

in the sum of $1,520,991.00, plus miscellaneous expenses, interest and costs, no

Complaint for Negligence, etc. Page 4

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part of which has been paid by Defendant, despite demand therefor.

PRAYER

WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and

severally, as follows:

1. For general damages in the sum of $1,520,991.00, plus miscellaneous

expenses, interest and costs;

2. For pre-judgment interest at the rate of 10% per annum from July 11,

2014;

3. For post-judgment interest at the rate of 10% per annum;

4. For costs of suit herein; and,

5. For such other and further relief as this court deems just and proper.

Dated: February 2, 2017 CAMMARANO LAW GROUP

 By: s/ Dennis A. Cammarano Dennis A. Cammarano

Attorneys for Plaintiff,

AGCS MARINE INSURANCE

COMPANY 

3383federalcomplaint020117.wpd

Complaint for Negligence, etc. Page 5

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