EXHIBIT 1 

001

Case 3:16-cv-00139-MO Document 1-1 Filed 01/26/16 Page 1 of 7
PAGE 1 – COMPLAINT FOR BREACH OF CONTRACT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

KAFOURY & McDOUGAL

411 SW Second Ave., Ste. 200

Portland, OR 97204

Fax: 503-224-2673

Phone: 503-224-2647

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

JOSE GUTIERREZ,

Plaintiff,

vs.

ST. PAUL FIRE AND MARINE 

INSURANCE COMPANY, a 

Connecticut corporation, and 

CHAZNLINE CONSTRUCTION, INC., a 

Montana corporation,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

Case No.: 

COMPLAINT FOR BREACH OF 

CONTRACT; (NOT SUBJECT TO 

MANDATORY ARBITRATION)

PRAYER: $1,350,000

ORS 21.160(1)(d) - $793

JURY TRIAL DEMANDED

Plaintiff demands a jury trial and alleges:

FOR A FIRST CLAIM FOR RELIEF for BREACH OF CONTRACT, plaintiff 

alleges:

1.

Defendant St. Paul Fire and Marine Insurance Company (hereinafter, “St. 

Paul”) is and at all times mentioned herein has been a Connecticut insurance 

company that conducts regular, sustained business activity in Oregon.

//

//

//

1/8/2016 2:39:21 PM

16CV00513

002

Case 3:16-cv-00139-MO Document 1-1 Filed 01/26/16 Page 2 of 7
PAGE 2 – COMPLAINT FOR BREACH OF CONTRACT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

KAFOURY & McDOUGAL

411 SW Second Ave., Ste. 200

Portland, OR 97204

Fax: 503-224-2673

Phone: 503-224-2647

2.

Defendant Chaznline Construction, Inc. (hereinafter, “Chaznline”) is and 

at all times mentioned herein has been a Montana corporation.

3.

Plaintiff Jose Gutierrez was hit by a vehicle driven by an agent or 

employee of defendant Chaznline who was then and there acting within the 

course and scope of his employment. Plaintiff Gutierrez suffered injuries. 

Plaintiff Gutierrez thereafter made a demand for compensation against 

defendant Chaznline. 

4.

Defendant St. Paul, acting within the course and scope and agency of 

their employment for defendant Chaznline, sought resolution of the demand for 

compensation and made a settlement offer to plaintiff Gutierrez in Portland, 

Oregon.

5.

On July 8, 2015, William C. Antes, an agent or employee of defendant St. 

Paul, acting on behalf of defendant Chaznline offered to settle the demand for 

compensation in the amount of $1,350,000. The offer was accepted by plaintiff 

Gutierrez in Portland, Oregon. Email correspondence attached hereto as 

Exhibit A is incorporated herein by reference.

//

//

//

003

Case 3:16-cv-00139-MO Document 1-1 Filed 01/26/16 Page 3 of 7
PAGE 3 – COMPLAINT FOR BREACH OF CONTRACT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

KAFOURY & McDOUGAL

411 SW Second Ave., Ste. 200

Portland, OR 97204

Fax: 503-224-2673

Phone: 503-224-2647

6.

On or about July 9, 2015, William C. Antes, acting on behalf of 

defendants, indicated that release would be sent along with an overnight 

payment. 

7.

On July 13, 2015, William C. Antes acting on behalf of defendants 

breached the settlement agreement by requiring the addition of plaintiff’s wife’s 

name in the release. This condition had never been discussed, and was as an 

additional condition after settlement had been reached. By adding this 

additional term, defendants breached the settlement agreement and failed and 

refused to pay plaintiff the agreed-upon $1,350,000. 

WHEREFORE, plaintiff prays for judgment in the amount of $1,350,000 

plus pre-judgment interest of nine percent from the day after the check was to 

be over-nighted, and his costs and disbursements necessarily incurred herein. 

Dated: January 8, 2016.

/s/ Mark McDougal

Gregory Kafoury, OSB #741663

Kafoury@kafourymcdougal.com

Mark McDougal, OSB #890869

mcdougal@kafourymcdougal.com

Jason Kafoury, OSB #091200

jkafoury@kafourymcdougal.com

Attorneys for Plaintiff

004

Case 3:16-cv-00139-MO Document 1-1 Filed 01/26/16 Page 4 of 7
Exhibit A 

Page 1 of 3

005
Exhibit A 

Page 2 of 3

006
Exhibit A 

Page 3 of 3

007