WACO FIRE AND CASUALTY INSURANCE COMPANY v. ACE AMERICAN INSURANCE COMPANY Et Al Notice of Removal

Case 2:13-cv-08336-DMG-AGR Document 1 Filed 11/08/13 Page 1 of 47 Page ID #:3
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DEFENDANT ACE AMERICAN INSURANCE COMPANYS NOTICE OF REMOVAL PURSUANT TO
28 U.S.C. 1441(b)
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London Fischer LLP
21550 Oxnard Street
Suite 300
Woodland Hills, CA 91367
(818) 224-6068

TO THE CLERK OF COURT, PLAINTIFF, AND ITS COUNSEL OF
RECORD:
PLEASE TAKE NOTICE that defendant ACE American Insurance
Company (ACE) hereby removes to this Court the state action described below,
which is within the original jurisdiction of this Court under 28 U.S.C 1332(a)
and properly removed under 28 U.S.C. 1441(b).
PROCEDURAL HISTORY
1. On J uly 2, 2013, WACO filed a complaint captioned Waco Fire and
Casualty Insurance Company v. ACE American Insurance Company; and DOES 1
through 50, inclusive, under Case No. BC513977 in the California Superior Court
for the County of Los Angeles (State Court Action).
2. The complaint was mailed to ACE with a request that ACE sign an
acknowledgment thereby completing service. The acknowledgment of receipt
was signed and returned on behalf of ACE on October 11, 2013. Thus, service of
process was effective as of October 11, 2013. This notice of removal is therefore
timely pursuant to 28 U.S.C 1446(b). Pursuant to 28 U.S.C 1446(a), true and
correct copies of all process, pleadings, and orders served upon ACE in the State
Court Action, including the Summons, and Complaint, are attached to this Notice
as Exhibit A. A true and correct conformed copy of the Answer filed in the State
Court Action is attached as Exhibit B.

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28 U.S.C. 1441(b)
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London Fischer LLP
21550 Oxnard Street
Suite 300
(818) 224-6068

3. The California Superior Court for the County of Los Angeles is
located within the Central District of California. (28 U.S.C. 84(d).) This Notice
of Removal is therefore properly filed in this Court pursuant to 28 U.S.C.
1441(a).
ALLEGATIONS OF THE COMPLAINT
4. The complaint in the State Court Action asserts causes of action for
Equitable Contribution, Equitable Subrogation, Equitable Indemnity, and
Declaratory Relief arising out of ACEs alleged wrongful denial of coverage on a
claim made against its common insurer under a Miscellaneous Professional
Liability Policy provided by ACE.
5. The complaint seeks, inter alia, damages arising out of ACEs alleged
damages for the $499,000 allegedly paid by Plaintiff under its policy issued to
Land Span, Inc. for a claim by Sony Chain Solutions America against Land Span,
Inc. Plaintiff also, in the alternative, seeks equitable contribution for the amount
paid by Plaintiff that was in excess of its equitable share. The complaint also
seeks declaratory relief that the underlying claim of Sony is covered under the
insurance policy issued by Defendant, that Defendant is obligated to reimburse
Plaintiff the full sum of what it paid to Land Span, Inc. or alternatively for an
equitable portion of the sum it paid (Complaint, 11 and Prayer for Relief.)

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28 U.S.C. 1441(b)
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London Fischer LLP
21550 Oxnard Street
Suite 300
(818) 224-6068

6. ACE disputes WACOs allegations, believes the Complaint lacks
merit, and denies that plaintiff has been harmed in any way by any act of omission
of ACE.
BASIS FOR REMOVAL
7. This action is within the original jurisdiction of this Court, and
removal is therefore proper under 28 U.S.C. 1332(a), which grants district courts
original jurisdiction over civil actions where the matter in controversy exceeds the
sum or value of $75,000, exclusive of interest and costs, and is between citizens of
different States.
8. Plaintiff WACO, at the time the action was commenced, was and still
is, a Georgia Corporation, organized and existing under the laws of the State of
Georgia with its principal place of business in Atlanta, Georgia. (Complaint, 1.)
ACE, at the time the action was commenced, was and still is a Pennsylvania
corporation, incorporated under the laws of the State of Pennsylvania with its
principal place of business in Philadelphia, Pennsylvania. Given that WACO is a
citizen of Georgia and ACE is a citizen of Philadelphia, the diversity requirements
are satisfied.
9. Plaintiff WACO seeks the recovery of the amount paid by WACO on
behalf of Land Span, Inc. in the alleged sum of $499,000. (Complaint, 11)
Plaintiff also seeks the recovery of prejudgment interest and costs. ACE believes

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28 U.S.C. 1441(b)
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London Fischer LLP
21550 Oxnard Street
Suite 300
(818) 224-6068

that no damages, compensatory or punitive, should or will be awarded in this case;
however, for purposes of the amount in controversy requirement, the claimed
damages satisfy the jurisdictional prerequisite, the matter in controversy exceeds
$75,000.
10. The complaint names Does 1 through 50, inclusive, as defendants
in this lawsuit. According to 28 U.S.C. Section 1441(a), for purposes of removal
under this chapter, the citizenship of defendants sued under fictitious names shall
be disregarded.
11. Removing party is unaware of any other parties who have been
named or who have appeared in the underlying State Court Action.
CONCLUSION
12. For all of the reasons stated above, this action is within the original
jurisdiction of this Court pursuant to 28 U.S.C. 1332(a). Accordingly, this action
is removable pursuant to 28 U.S.C. 1441.
///
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28 U.S.C. 1441(b)
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London Fischer LLP
21550 Oxnard Street
Suite 300
(818) 224-6068

WHEREFORE, Defendant ACE gives notice that the above-described
action pending against it in the State Court Action is removed to this Court.
Respectfully submitted,
Dated: November 7, 2013 LONDON FISCHER LLP

By: /s/ Darren Le Montree
Richard S. Endres
Darren Le Montree
Attorneys for Defendant
ACE AMERICAN INSURANCE
COMPANY

EXHIBIT A

3013196A5197003M 20130713
SUM-i00
SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT: ACE AMERICAN INSURANCE COMPANY, a
(A I17S0 AL DEMANDADO): Pennsylvania corporation; and DOES I-50, inclusive
YOU ARE BEING SUED BY PLAINTIFF: WACO FIRE AND CASUALTY
FORCCURTUSSOM.Y
(SOLO PA.RA usa DE LA CORTE)
rONFORMED COpy
ORIGINAL FILED
Superior Court ofCahfoml8
County of Los Antl,.I,. ..
. 'L 022013
"V
(LO ESTA DEMANDANDO EL DEMANDANTE): INSURANCE COMPANY, a J hnA. Clarke, Execuuve OfficerlClerk
Georgia corporation
By LA TRESE JOHNSON, Deputy
NonCEI You have been sued The court may decide agamst you WIthout your being heard unless you respond within 30 days. Read the Information
below
You have 30 CALENDAR DAYS after this summons and regal papers are served on you to file a wntten response at this court and have a copy
served on the plernOff A letter or phone call will not protect you Vourwntten response must be In proper legal form If you want the court to hear your
case There may be a court form that you can use for your response You can find these court forms and more Information at the CalIfornia Courts
Online SelfHelp center (wwwcourtinfo ca govlsslfhslp), your county Jaw library, or the courthouse nearest you If you cannot pay the HUng fee, ask
the court derk fora fee wawerform If you do not file your response on bme, you may lose the case by default. end your wages, money, and property
may be taken without further warning from the court
There are other legal reqUirements You may want to call an attorney right away If you do not know an attorney, you may want to call an attorney
referral service If you cannot afford an attorney, you may be ehgfble for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services web site (wwwJawhelpca/lforma org), the California Courts Online Self-Help Center
(wwwcourtfnfo C8 govlselfhelp), or by contacting your local court or county bar association NOTE: The court has a statutory flen for waived fees and
costs on any settlement or arbltratfon award of $10,000 or more In a civil case. Tile court's IJen must be paid before the court WIU dismiss the case.
IAVlSOl Lo han demandedo SI no responde dentm de 30 dras, Ie cons puede deddlr en su contra sin escuchar su vers/6n Lea la fnfonnacl6n a
contmuacf6n
Tiene 30 DIAS DE CALENDARIO da qua Ie entreguen esta cltac/on y papefes legates para presentsr una respuesta por escnlo en ests
cotte y hacer que se entregue una copla al demandante Una catts a una J/amada teJe/6nlca no /0 protegen Su respuests par esetfto tiens que estar
en formato legal comtCto sI desea que procasen su caso en la corte Es pos/bls qUB haya un formu/arlo que us/ed pueda usar para su respuesta
"Puede encantrarestos fonnularios de /a corte y m4s Infonnacl6n en el Centro da Ayuda de les Cones de California fNWW sucorte ca gov). en la
blbJlotaca de feyas da su candado 0 en la corte que la quede mcJs carea 5/ no puede pagarla caota de presentad6n, plda af SBcretarfo de la corte
que la un fonnu/erfo de exand6n de pago de cuotas SI no prssenta su respuesta a tiempo. pusde parder el caso porlneumpllmlento y la corta /e
podrli qultsr su sue/do. dinero y blenes sin mlis sdverlenCla
.. Hay otros requlsitos/egaTes Es recomandsble que llama a un abogado mmadiatamente. SI no canoce B un abogado, puede lIamar 8 un seMeio de
rerms6n a abogedes 5i no puede pager 8 un abogedo. es pos/ble que cumpla can los requlsitos para obtenar servie/os legales gratu/tos de un
programa da servicfos lega/es sin nnes de lucro Pusde encontrar sstos grupes Sin fines de tucro en eJ sltio wab de CalifornIa Legal Services,
j\YWW.lawhelpcalifomla.org). en al Centro de Ayuda de las Cones de CalIfornia. tNww sucorte ca gOY) 0 en contscto con la corte a el
colsgfo de abogados loealas. AVISO. Parley. la corte tiene deracho a raclamsr las cuotas y los costas exsntos por Imponsr un gravamen sobre
cuelqularrecuperacl6n de $10,000 6 mds de va!orrsctblda medlanta un acuemo 0 una cances/on de arbJtraje en un caso de derecho cII.11 Tiane que
pagarel gravamen de la corle antes de que/a carte pusda deseehar eI caso
The name and address of the court IS
(EI nombre y dlfeccl6n de la corte es)
Superior of California, County of Los Angeles
III North Hill Street
Los Angeles, California 90012
The name. address. and telephone number of plainbffs attorney. or plambffWithout an attorney. IS
(EI nombre, /e dlfBCcI6n y e/ nUmero de te/afono del abogado del demandsnte. a del demandante que no tlene abogado. es),
Hillary Arrow Booth, Booth LLP, 12100 Wilshire Blvd., Suite 800, Los Angeles, CA 90025, (310) 641-1800
DATE. John A. Clarke Clerk, by L
(Fecha) .111 13 (Secretano)
orproo of seN ce ott IS summons. use Proof of Service of Summons (tonn POS-010))
(Para prueba de entrega de esta cdaMn usa e/ formulano Proof of Service of Summons. (POS-010))
NOTICE TO THE PERSON SERVED: You are served
1 0 as an IndiVidual defendant
tsEALl
2 0 as the person sued under the fiebDous name of (specify):
JUL 021\)13
3 0 on behalf of (specl(y).
Deputy
(Acljunto)
under' 0 CCP 41610 (corporation) 0 CCP 416 60 (minor)
o CCP 416 20 (defunct corporabon) 0 CCP 416.70 (conservatee)
Form Adopted for Mandatory UM
Judlc:fal Cour:aJ of Ca!!fl:lmla
SUM-100 {Rev JUly1. 2OO9J
o CCP 416 40 (aSSOCiation or partnership) 0 CCP 416 90 (authorIZed person)
o other (speCIfy)
4 0 by personal delivery on (date),
SUMMONS
Paan1pU
.c&S
Wif\'I coutfInlo.ca QOV

--,
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HillarY Arrow Booth (SBN 125936)
hbooth(iilboothllp.com
Ian P. Culver (SBN 245106)
iculver(iilboothllp.com
BOOTffLLP
12100 Wilshire Blvd., Suite 800
Los Angeles, CA 90025
Telephone: (310) 641-1800
Facsimile: (310) 641-1818
3013196A5197003M
CONFORME.D COpy
ORIGINAL FILED .
Sup:erior Court ofCahfoml9.
County of Los Ane.eles
jijL 02 Z013
lohnA. C1!l1'ke, Execunve umcer/Clcrk
By LA TRESE JOHNSON, Deputy
6 Attorneys for Plaintiff WACO FIRE
AND CASUALTY INSURANCE
7 COMPANY
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES - CENTRAL
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WACO FIRE AND CASUALTY
INSURANCE COMPANY, a Georgia
corporation,
Plaintiff,
vs.
I ACE AMERICAN INSURANCE
COMPANY, a Pennsylvania corporation; and
DOES 1-50, inclusive,
Defendants.
Case No. BC513977
Assigned to:
[Unlimited Jurisdiction]
COMPLAINT FOR
(1) EQUITABLE CONTRIBUTION,
(2) EQUITABLE SUBROGATION,
(3) EQUITABLE INDEMNITY, AND
(4) DECLARATORY RELIEF
Complaint Filed:
Trial Date:
21 Plaintiff WACO FIRE AND CASUALTY INSURANCE COMPANY asserts the
22 following causes of action against Defendants, and each of them.
23 PARTIES AND JURISDICTION
24 1.
Plaintiff WACO FIRE AND CASUALTY INSURANCE COMPANY (hereafter
25 "WACO") is a corporation formed and existing under the laws of the State of Georgia.
26 2.
Defendant ACE AMERICAN INSURANCE COMPANY (hereafter "ACE") is,
27 on information and belief, a corporation formed and existing under the laws of the State of
28 Pennsylvania. ACE is, on information and belief, duly authorized to do business and doing
1
COMPLAINT OF PLAINTIFF WACO FIRE AND CASUALTY INSURANCE
COMPANY
20130713
3013196A5197003M
1 business in the State of California. ACE is further, on infonnation and belief, a qualified
2 California insurer. On infonnation and belief, ACE does business throughout the State of
3 California, including Los Angeles County.
4 3.
The true names and capacities, whether individual, corporate, associate, or
5 otherwise, of Doe Defendants 1 through 50, inclusive, are unknown to WACO at this time and
6 Plaintiff therefore sues said Doe Defendants by such fictitious names. WACO will, if necessary,
7 seek leave of Court to amend this Complaint when the true names of currently unknown
8 defendants have been ascertained. WACO is infonned and believes that each Defendant
9 described herein as a "Doe" is in some manner responsible for the acts alleged in this Complaint.
10 4. WACO is infonned and believes, and based thereon allege that at all relevant
11 times Defendants were acting in concert or participation with each other, or were joint
12 participants and collaborators in doing the acts complained of, and, as such, each Defendant is
13 jointly and severally liable to WACO.
14 5. WACO is infonned and believes, and based thereon allege that each of the entity
15 defendants are affiliates of each other, are successors in interest to each other, or are
16 predecessors in interest to each other. WACO further alleges that the Defendants, and each of
17 them, are alter egos of each other and of the entity Defendants. The individual Defendants have
18 caused themselves and the entity Defendants to co-mingle and inter-rningle their assets, business
19 opportunities, customers, and investors such that there is no distinction between them.
20 6. Venue is proper in this Court because some of the relevant acts and the losses
21 occurred in substantial part in the City of Carson, in Los Angeles County.
22 GENERAL ALLEGATIONS
23 7. WACO, through the Travelers Indemnity Company of Connecticut, insures Land
24 Span, Inc. pursuant to policy number HC2E-MTC-475M5916-TCT -12 for the period of October
25 1,2012, to October 1, 2013. This policy is a Motor Truck Cargo Carriers Policy.
26 8. ACE insures Land Span, Inc. pursuant to policy number MPB G23639804 006 for
27 the period of October 1, 2012, to October 1,2013. This policy is Miscellaneous Professional
28 Liability Policy.
2
COMPANY
20130713
3013196A5197003M
1 9.
On or about December 28, 2012, Sony Supply Chain Solutions of America made
2 claim 240146 against Land Inc. in relation to the theft of certain electronic equipment on
3 or about November 9, 2012. Land Span, Inc., as a broker, had agreed to arrange for the
4 transportation of the equipment pursuant to a transportation agreement between Sony Electronics
5 Inc. and Land Span, Inc. Land Span, Inc. had negligently failed to perform the due diligence
6 necessary to ensure that the persons with whom Land Span, Inc. was dealing were in fact
7 of a legitimate motor carrier. Failing to do so, Land Span, Inc. communicated
8 with the imposters in making ,arrangements for the transportation of the electronic equipment
9 from Carson, California to Ardmore, Oklahoma, and provided information regarding the
10 shipment to the imposters. An imposter truck was permitted to enter Sony's Carson facility and
11 was loaded with the electronic equipment, which was not delivered. Land Span, Inc. had been
12 deceived.by persons that had stolen the identity of a legitimate motor carrier, and failed to detect
13 the true identity of the imposter. The goods had been destined for a Best Buy store. On
14 information and belief, the goods were time sensitive, and Sony Supply Chain Solutions of
15 America was made to send replacement goods on short notice in order to prevent Best Buy from
16 suffering consequential damages.
17 10. On or before February 13,2013, Land Span, Inc. tendered the claim of Sony
18 Supply Chain Solutions of America to ACE. ACE assigned claim number JY12J0629464. Land
19 Span also tendered the claim to WACO. ACE declined coverage by way ofa letter dated
20 February 19,2013, and in subsequent correspondence thereafter.
21 11. WACO paid the claim on March 18, 2013, by way ofacheck made payable to
22 Land Span, Inc. for $499,000.00, which represented the policy limit less a $1,000.00 deductible.
2$ Land Span, Inc. in turn paid Sony Supply Chain Solutions of America. This payment was made
24 to protect the interests of Land Span and WACO, under the reasonable belief that the payment
25 was necessary and appropriate for such protection, despite the understanding of WACO that it
26 was the ACE policy that should have provided coverage for the claim.
27 11/
28 11/
3
COMPANY
20130713
------------------------------------------------------------------------------------ -- --,
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3 12.
FIRST CAUSE OF ACTION
(Equitable Contribution against All Defendants)
3013196A5197003M
WACO incorporates by reference each and every allegation contained in
4 paragraphs 1 through 11, inclusive, of this Complaint as though fully set forth herein.
5 13.
WACO and ACE both insured Land Span, Inc. by policies effective on November
6 9,2012. WACO's policy was a Motor Truck Cargo Carriers policy and included a contingent
7 cargo endorsement. ACE's policy was a Miscellaneous Professional Liability Policy. ACE
8 should have but did not acknowledge or accept coverage. Thus, the policies insured different
9 risks. ACE's denial left Land Span less than fully protected for the claim.
10 14. In paying $499,000.00 toward resolution of the $636,013.34 claim of Sony
11 Supply Chain Solutions of America against Land Span, Inc., WACO has paid more than its fair
12 and equitable share of the claim. ACE should have accepted coverage and paid the claim, as its
13 policy provides coverage for the negligence or wrongdoing of the insured which resulted in and
14 gave rise to the claim.
15 15. By reason of its payment of more than its fair and equitable share of the claim,
16 WACO is equitably entitled to equitable contribution from Defendants.
17 SECOND CAUSE OF ACTION
18 (Equitable Subrogation against All Defendants)
19 16. WACO incorporates by reference each-and every allegation contained in
21 17. WACO and ACE both insured Land Span, Inc. on November 9, 2012. The
22 policies of insurance, as described hereinabove, were intended to and did cover different types of
23 risks and losses.
24 18. WACO accepted coverage of the $636,013.34 claim of Sony Supply Chain
25 Solutions of America against Land Span, Inc., while ACE did not.
26 19. Due to Defendants' breach of their contractual duties to their insured Land Span,
27 Inc., WACO was made to pay more than its share of the claim. As such, WACO has been
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COMPANY
20130713
3013196A5197003M
1 damaged by Defendants' breaches and has a right to reimbursement via subrogation against each
2 Defendant.
3 20.
By reason of its payment of$499,000.00 towards the claim, WACO is subrogated
4 to Land Span's right to assert coverage under the ACE policy, and to obtain recovery from each
5 Defendant as alleged herein.
6 THIRD CAUSE OF ACTION
7 (Equitable Indemnity against All Defendants)
8 21. WACO incorporates by reference each and every allegation contained in
10 22. WACO paid a claim that should otherwise have been paid in whole or in part by
11 Defendants under their respective policies.
12 23. By reason of its payment of $499,000.00, WACO is entitled to equitable
13 indemnity from the Defendants and each of them for that portion of the claim that should have
14 been paid by each Defendant.
15 FOURTH CAUSE OF ACTION
16 (Declaratory Relief against All Defendants)
17 24. WACO incorporates by reference each and every allegation contained in
19 25. An actual controversy has arisen and now exists between WACO and Defendants
20 regarding Defendants' decision to decline coverage of the claim of Sony Supply Chain Solutions
21 of America against Land Span, Inc. under the circumstances set forth above.
22 26. WACO contends that under the relevant policy, Defendants should have accepted
23 coverage and provided payment of the claim, whereas Defendants contend that they were correct
24 to deny coverage.
2S
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27. WACO seeks the following declarations:
a. That ACE policy number MPB G23639804 006 provides coverage for the
claim made by Sony Supply Chain Solutions of America;
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COMPANY
20130713
3013196A5197003M
b. That ACE is obligated to reimburse WACO as WACO paid a debt that was
2 rightfully and properly owed by ACE;
3 c. That ACE is required to reimburse WACO for a percentage of the amount paid
4 by WACO for the claim made by Sony Supply Chain Solutions of America in an amount
5 to be determined by the Court.
6 PRAYER FOR RELIEF
7 WHEREFORE, WACO prays for judgment against Defendants as follows:
8 1.
For contribution toward the amount paid by WACO on behalf of Land Span, Inc.
9 that WACO has paid in excess of its equitable share;
10 2. For reimbursement of the amount WACO paid in excess of its equitable share of
11 the claim on behalf of Land Span, Inc.;
12 3. For equitable indemnity of the amount WACO paid to resolve the claim of Sony
13 Supply Chain Solutions of America against Land Span, Inc.;
14 4. For a declaration that:
15 a. That ACE policy number MPB G23639804 006 provides coverage for the
16 claim made by Sony Supply Chain Solutions of America;
17 b. That ACE is obligated to reimburse WACO as WACO paid a debt that was
18 rightfully and properly owed by ACE;
19 c. That ACE is required to reimburse WACO for a percentage of the amount paid
20 by WACO for the claim made by Sony Supply Chain Solutions of America in an amount
21 to be determined by the Court.
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COMPANY
20130713
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5. For prejudgment mterest at the statutory rate,
6.
7.
For costs of SUIt mcurred in this actIOn, and
For such further lelief as the Court may deem just and proper.
3013196A5197003M
5 DATED: July 2, 2013 BOOTHLLP
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Hi lary Arrtw Booth
Ian P. Culv r
Attorneys for Plaintiff WACO FIRE AND
CASUALTY INSURANCE COMPANY
7
COMPANY
20130713
/
3013196A5197003M 20130713
'""
CM 010
-
OR PAATYWITHOUT ATTORNEY (N(lme. Slille B.1rr. m .. l.It. nrdnd:!Jf;'SS1 FOR COURT USE ONLY
fhll.1)' Arrow Booth SBN' 125936.
CONFORl\1ED COPY
Booth LLP. 12100 Wilshire Blvd. SUite 800
ORIGINAL FILED
Los Allgele CA 90025
Court of California
mm0' .1\.nr-,,1,. ..
TELEP"""ENO (310)641-1800 '''''NO (310)641-1818
PI.intiffIVACO fiRE AND CASUALTY INSURANCE COMPANY
02 Z013
ISuPERIOR COURT OF CALIFORNIA. COUNTY OFLOS ANGELES
v .... t.
STREET ADDRESS III North I-hll Street
lohnA CI.tkc, EMcutlve Oflicet/Cie,
MAILINGAOORESS 111 North Hili Street
CITY ANO zip CODE
By LA TRESE JOHNSON, Deput}
,
SRANCHNA"e
CASE NAME IV ACO FIRE AND CASUALTY INSURANCe COMPANY v. ACE
AMERICAN INSURANCE COMPANY, et al.
CIVIL GASE COVER SHEET
Complex Case Designation
CASCr.UMDEA
!XI
Unlimited 0
limited
o Counter o JOinder
BC513977
(Amount (Amount
demanded demanded Is Filed with first appearance by defendant
JUDGE
exceeds 525,000) $25,000 or less) (Cal. Rules of Coun, rule 3.402)
OU'I
/lems 1--8 below must be compteted (see instructions on page 2)
1. Checkon9 box bolow for tho C3S0 type that bost doscnbss this caso'
Auto Tort Contract
o Auto (22) D Breach of conlraclfwarranly (06)
D Unmsured molons! (4S) D Rule 3 740 colleclions (09)
Other PIIPOfWO (Personallnlury/Prope:rty D Other collections (09)
DamageiWrongful Death) Tort [][J Insurance covemge (is)
o Asbeslos (04) 0 Othercontract (37)
o Product habillty {24} Real Property
o Medical malpractice (45) D Eminent domaln{lnvers2
o Other P)IPDIWD (23) condemnation (141
NonPI/PDIWD (Other) Tort
o BUSiness lort/unfalr bUSiness practice (07)
o CIVil nghts (08)
o Delamat,on (13)
o Fraud(16)
o Intellectual property (19)
D Professional negligence (25)
o Other non PIIPDIWD lort (35)
Employment
g Wr(Jngful termmatlon (3S)
I I ,Olher employment (is)
D Wrongful eViction (33)
o Otherrea] property (26)
Unlawful Detainer
D CommerCial (31)
D ReSldenlial (32)
o Drugs (381
Judicial Review
o Assellorlellure (05)
D Pell110n re. arbllrallon award (t1)
o Wnt 01 mandate (02)
Fi Other IUdlCUll rovlew (39)
Provisionally Complex Civil litigation
(Cal. Rules of Court, rules 3.400-3.403)
D AnhlrusUTrad'a regulahan (03)
D Construction delect (10)
o Mass tort (40)
D Sccun\lCS litlgallon (28)
D EnvlronmentallToxlc lort (30)
o Insurance coverage claims ansing from the
above listed provIsionally complex case
types (41)
Enforcement 01 Judgment
D Enlorcemenl 01 Judgment (20)
Miscellaneous Civil Complaint
o RtCO(27)
D Other complaint (not speclfled above) (42)
Miscellaneous Civil PetlUon
D PMncrship and corporate governance (21)
D Other (nol speclffed above) (43)
2 This case -n-Is W Is not complex under rule 3.400 01 the California Rules 01 Court II the case Is complex, mark Ihe
factors reqUlfing exceptional Judicial management.
a.O
b.O
Large number of separately represented parbes
Extensive motion practice raiSing dlfflcull or novel
Issues that wlil be tlmeconsumlng to resolve
c. 0 Substanllal amount 01 documentary evidence
3. Remedies sought (check all that apply)' a [K] monelary
4 Number of causes of acllon (speclfy):rour
5 ThiS case 0 IS [K] IS not a class acllon SUII.
d 0 Large numbor of wllnossos
e 0 Coordlnallon wllh related acllons pending In one or more COUris
In other countIes, states, or counlries, or In a federal court
t 0 Subslantlal poslludgmentjudlCial supelVlSlon
b.!XI nonmonetary; declaralory or Injunctive relief c Opunltlve
6. 11 there are any known related cases,llle and serve a nollce of relaled case. (You may use lorm CM-015.)
Date: 712113
I
Hillmy Arrow 800lh
rNPE OR PRINT NAMe)' (SIGNAl e OF PARTY ORAnOflNeY FOR PARTY
NOTfCE .L
Plain till must file this cover sheel with the l1rst paper lIIed In Ihe action or proceeding (ex':."pt small claims cases or cases Illed
under the Probale Code, Family Code, or Wellare and Instllullons Code). (Cal. Rules 01 Court, rule 3.220.) Fadure to file may result
In sanctions.
File Ihls cpver sheelln addition to any cover sheot rcquired by 10CBI court rule.
11 Ihls casl' IS complex under rule 3.400 et seq of the California Rules of Court, you must selVe 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 Dr a complex case, thIS cover sheet Will be used for statistIcal purposes onlv.
! fJ'AA1012
Fo:mAQ::oc:etlfOtMJ1l(lalorrlhe CIVIL CASE COVER SHEET C<d RulcsclC:lun
caldomla C:ll. Sl"rdllttf, olJud oilIAtl'f1lOlSIflllJ::n.:lld 3 10
eM July 1.20071 IWIN.cmPMfq,e;,
W..sII.w Doc & Fom. Oulld..,.
3013196A5197003M 20130713
CM"()10
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 complamt) m 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 flied. 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 rtem 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 complebng 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 flied in a civil case may subject a party,
its counsel, or both to sanctions under rules 2 30 and 3.220 of the Cahforma Rules of Court.
To Panles In Rule 3.740 Collections Cases. A "collections case" under rule 3.740 Is defmed as an acbon 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 m
which property, services, or money was acquired on credit A collections case does not include an acnon 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 collecbons case on this form means that It will be exempt from the general
tlmeforservlce reqUirements and case management rules, uniess a defendant flies 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 Panles 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 beheves the case is complex under rule 3.400 of the Cahfomla 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
plaintiff's designation, a counter-deslgnation that the case Is not complex, or, 11 the plalnbff has made no designatton, a desIgnation that
the case is compiex. CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)-Personallnlury/Property
DamageIWronglul Death
Umnsured Motonst (46) (,f!he
case Involves an umnsured
motonst claIm subject to
Blbltrallon, check thIS Item
mstead of Auto)
Other PIIPDIWD (Personal InJuryl
Property DamagelWrongful Death)
Tort
Asbeslos (04)
Asbestos Property Damage
Asbestos PersonallnJuryl
Wrongful Death
Product liability (not asbestos or
tOXIc/enVIronmental) (24)
Medical Malplactlce (45)
Medical MalpractICe-
PhYSICIans & Surgeons
Other ProfeSSional Health Care
MalPlactrce
Other PIIPDIWD (23)
PremiSes LlSbtlrty (e 9 . shp
and fall)
Intentional Bodily InjurylPDIWO
(e g. assault. vandalism)
IntentionallnfJlchon of
Emotional Distress
Negligent lnnlcllon of
Em01lOnal Distress
Other PilPDIWD
Non PUPDIWD (Othor) Tort
BUSiness TorUUnfrur BUSiness
Plact,co (07)
CIVIl Rights (6 Q , dlscnmmatson,
false arrest) (not c,v,1
harassment) (OS)
Defamatson (a 9 , slander, libel)
(13)
Flaud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malplactrce
Other Professional Malpractice
(not medical or legal)
Other NonPI/PDIWD Tort (35)
Employment
Wrongful Tenninabon (36)
Other Employmen1 (15)
a+blGIRev July 1,2007]
Contract
Breach of ContractlWarranty (06)
Breach of RenlaVLease
Contract (not unlawful delamer
or wrongful eVIctIon)
ContractIWarranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of ContraCU
Warranty
Other Breach of ConlractiWarranly
Collections (e 9 , money owed, open
book accounls) (09)
Collection Case-Selfer Plaml,ft
Other Promissory Note/CollectIOns
Case
Insurance COverage (nol proVisionally
complex) (18)
Auto Subrogation
Other Coverage
Olher Contlact (37)
Contractual Fraud
Other Contract DISpute
Real Property
Emment Oomamllnverse
Condem",won (14)
Wrongful EViction (33)
Other Real Property (e g , qu,et tille) (26)
Wnt 01 PosseSSion 01 Real Property
Mortgage Foreclosure
QUlet Tille
Other Real Property (not emment
domam, Isndlordllenant, Of
foraclOl:ura)
Unlawfut Detainer
Commercial (31)
ReSidential (32)
Drugs (36) (,f!he case involves Illegal
drugs, check thiS Item. olhelWlse.
report as CommercIal or ReSlcientJal)
JudICial Review
Asset Forlenure (05)
Petlbon Re. Arbitration Award (11)
Wnt 01 Mandate (02)
Wnt-Admmlstrallve Mandamus
Wnt-Mandamus on limited Court
GaseManer
Wnt-01her limited Court Case
ReView
Other JUdiCial ReVIew (39)
ReView of Health Officer Order
Notice of Appeal-Labor
CommiSSioner Aopeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Lhigatlon (Cel.
Rules 01 Court Rule. . 4 ~ . 4 0 3
AntltrusVTrade Regulation (OS)
Construction Delect (10)
Claims Invol',"g Mass Tort (40)
Secunt,es LrtlgabOn (28)
EnvlronmentaflTox,c Tort (3D)
Insurance Coverage CIBIms
(8nsmg from prOVISIonally compfex
case type lisled above) (41)
Enforcement of Judgment
Enlorcement of Judgment (20)
Abstract 01 Judgment (Out 01
County)
ConfesSion of Judgment (non-
domestic felallans)
S,ster State Judgment
Administrative Agency Award
(not unp8/d taxes)
PehbonlCert,ficallon of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Mlscellaneous CivIl ComplaInt
RICO (27)
Other Complaint (not SpeC/Ned
aboV8) (42)
Declaralory Rehel Only
hlJunctsve Rebef Only (non
harassment)
MechaniCS lien
Other Commercial Complamt
Case {nantorVnon-complex}
Other Civil ComplBlnt
(non-toTVnan-COmpfex)
Miscellaneous Civil Petition
Partnership and Corporate
Govemance (21)
Other Petrtlon (not spec,Ned
above)(43)
CIVil Harassmenr
Workplace Violence
ElderlDependenl Adult
Abuse
Electeon Contest
Petition for Name Change
PetitIOn for Rehef From late
CI.,m
Other Civil Petrtlon
PD;o2oJ2
--------------------------------------------------------------------------------------------- I
.,
SHORT""'" WACO FIRE AND CASUALTY INSURANCE COMPA'm' v.
ACE AMERICAN INSURANCE COMPANY
CIVIL CASE COVER SHEET ADDENDUM AND
STATEMENT OF LOCAnON
3013196A5197003M
(CERnFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCAnON)
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 flllin the estimated length of healing expected for this case:
20130713
JURY TRIAL? lID YES CLAssAcTlomD YES UMITEOCASE? DyES TIMEESTlMATEDFORTRIAl.S OHOURSllE DAYS
Hem II. Indicate the correct district and courthouse 10caDon (4 steps -If you checked "Umiled Case", skip to Item III, Pg. 4):
Step 1 : After fillit compleDng the Civil case Cover Sheet form, find the main Civil case Cover Sheet heading foryour
case In the left margin below. and. to the rioht 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 nalUre of this case.
Step 3: In Column C, circle the reason for the court location cholce that appfies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0.
I AppUcable Reasons for Choosing Courthouse Location (see Column C below) I
1. CIa .. 8dIona must bellied In the Stanley Mook Courthcusa. central district.
2. Mey bo 1IIod In central (othorCOImIy. or no bodily Inlury/properly clalMga)
3 LamHon where cause of den arose
4 L.cca1fon WI1era bodily InIury. doath or damallO occurred
5. L.cca1fonWl1eraperroimllnOO reqUIred ordafllndant ...
6. loce1Ion 01
7. loce1Ion
8 LocatIon

Step 4: Fill in the information requested on pege 4 in Item III; complete Item IV. Sign the declaration.
A B C.
.
CIvt1 Coso-Cover sheoi
Type or ActIon ApplIcable R .... na-
category No. (Choolc only ona)

_(22)
Uninsured Molorfsl (48)
Aobcol .. (004)
i!
Product liability (24)

Medical Malpractioo (45)
.5'5
11
OIhor

P .... nallnjury
Property Damage
'MongfUl Death
(23)
LACIV 109 (ROY. 03111)
lASCApproved ()3.Q4
SoaSlep3AboVa
C A7100 Motor Vehicle - PeISOnallnjUrylPrOperty DamageJWrongM Death 1.,2.,4
C A7110 PersonallnjurylPrOperty DamageJWronglul Death - UnInsured Molorlst 1.,2.,4.
C A6070 _BlOB Property Damage
C A7221 _sIos- P.,..nallnjuryllMongfUl D.ath
C A7'2JlO Llabllily (not .obesloB ortoxlclenvlmnmental)
C A7210 Madlcel Melpractloo - PhyBIcians& Surgeons
C A7240 Olhor Professional Health care Melprectloo
C A7"J50 Premises LIabIIIIy (a 0 Blip and laD)
C A= Intantionel Bodily InjurylPrOperty DamageJWronglUl Death (e.g.
assault. vandaUsm. etc.)
C A7Z10 Intentlonalln1llctlon 01 Emotional Olslress
C A7220 other PoroonallnJurylPlOporty Damoge/WangM Oaoth
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCAnON
2.
2.
1 . 2 . 3 . 4,8.
1.4
1 4
1 4
1.,4
1.3
1 . 4.
Local Rule 2.0
Pagelof4
3013196A5197003M 20130713
I,SHORTmLE. WACO FIRE AND CASUALTY INSURANCE COMPANY v,
I CASE NUMBER
A B
etYl! Case Cover Sheet Type of Acbon
Category No-
,-
(Cheqk only one)

.
Business Tort (07)

",,2
Civil Right. (08)
e=
Q,'"

DeFamation (13)

- = Fraud (16)
'ae

...
a>",
Professfonal Negligence (25) Q,,,,
c!:E

(35)
-C
Wrongful Termmatlon (36)
a>
E
,g-
Q,
other Employment (15)

Breach of Contract/ warranty
(06)
(not Insurance)
tl
e
-C
Colleclton. (09)
0
u
Insurance Coverage (18)
Other Contract (37)
Emment Domain/Inverse
Condemnation (14)

a>
Wrongful EVictIon (33)

Q,
'l6
il!
other Real Property (26)
I unlaWfUl Detalner-Commerclal

(31 )
i!!
S Unlawful Detainer-Residential
'"
(32)
c

Unlawful Detalner-

Post-ForecloSllre (34)
::>
Unlawful Detalner-Orugs (38)
LACIV 109 (Rev 03/11)
LASC Approved 03-04
0 A6029 Other Commercial/Business Tort (not fraudlbreach of contract)
0 A6005 CIvil RlghtsJDlscnmmatlon
0 A6010 DeFamalion (slandern,bel)
0 A6013 Fraud (no oonllact)
0 A6017 Legal Malpractice
0 A6050 Other ProfeSSional Malpractice (not medical or legal)
0 A6025 NunPt:Il6UlldIIIiJulyIPIUpt:r(y lull
0 A6037 Wrongful TermlnaUon
O A6024 Other Employment Complamt Case
0 A6109 Labor Commissioner Appeals
0 A6004 Breach of RentaULease Contract (not unlawful detainer or wrongful
eVictIon)
0 A600B ContracWVarranty Breach ..seUer Plalntlff (no fraud/negligence)
0 A6019 Negligent Breach of Contract!Warranty (no fraud)
CJ A6028 Other Breach of ContractlWarranty (not fraud or negligence)
0 A6002 Collections Case-Seiler Plamtlff
0 A6012 Other PromiSSOry Note/Collections Case
[;I
A60l5 Insurance Coverage (not complex)
0 A6009 Contractual Fraud
0 A6031 TortIOUS Interference
0 A6027 Other Contract Dispute(not breachlinsurance/fraud/negl!gence)
0 A7300 Eminent Domain/Condemnation Number of parcels __
0 A6023 Wrongful Evlcteon Case
0 A601S Mortgage Foreclosure
0 A6032 Quiet Title
0 A6050 Other Real Property (not emInent domam. landlord/tenant, foreclosure)
0 A6021 Unlawful Detainer-Commercial (not drugs or wrongful eVIctIon)
CJ A6020 Unlawful Detainer-Residential (not drugs or wrongful eVIction)
0 A6020F Unlawful Detamer-Post-Foreclosure
0 A6022 Unlawful Detalner-Orugs
AND STATEMENT OF LOCATION
C-
Applicable Reasons-
See Step 3-f\bOve
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
Local Rule 2 0
Page2of4
-,
I,SHORTTITLE. WACO FIRE AND CASUALTY INSURANCE COMPANY v.
I CASE NUMBER
A
CIVil Case Cover Sheet
pateso!)' No. -
Aeset Forfenure (05)
!
Petlllon re Arbitration (11)
m
Wn1 of Mandate (02)
""
..
..,
other JUdicial Review (39)
c
AntrtrustfTrade Regulation (03)
0
16
""
Consbucbon Defect (10)
...
.::I
"
Claims Involving Mass Tort
'" -a (40)
E
0
tJ
Secuntles lrtlgatlon (28)

t:
ToxlcToJt

Environmental (30)

Insurance Coverage Claims
"-
from Complex Case (41)
1010
" "
Ii E
Enforcement
u.g>
of Jud9ment (20)
c _
'" 0

RICO (27)
.. .-
go!!!
c ...
oS 5
Other ComplalOts OltJ
Ill:;
(Not Specified Above) (42)
:<i@
PartnershIp Corporation
Governance (21)
'" '"
.. c
gg
c""
.. '"
Other Petitions
iii"-
ill'S
(Not Specified Above)

(43)
LACIV 109 (Rev. 00/11)
LASC Approved 03-04
B
Type of
(Check only one)
IJ A610S Asset Forfeiture Case
IJ A6115 Petlllon to CompeUConfirmNacate Arbltralton
IJ A6151 Wnt AdministratIVe Mandamus
IJ A6152 Wnt - Mandamus on limited Court Case Matter
IJ A6153 Wnt - Other Lunlted Court Case Review
IJ A6150 other WrIt IJudlClal ReVIew
IJ A6003 AntltrusVTrade Regulation
IJ A6007 ConstructIon Defect
IJ A6006 Claims Involving Mass Tort
IJ A6005 Secuntles LItigation Case
IJ A6006 Taxu;;: TorUEnVironmental
IJ A6014 Insurance Coverage/Subrogation (complex case only)
IJ A6141 Sister State Judgment
IJ A6160 Abstract of Judgment
IJ A6107 Confession of Judgment (noJKIomesbc relatiOns)
IJ A6140 AdmJnlstrabve Agency Award (not unpaid taxes)
IJ A6114 PeirtloniCemficate for Entry of Judgment on Unpaid Tax
IJ A6112 Other Enforcement of Judgment Case
IJ A6033 RaCketeering (RICO) Case
IJ A6000 Declaratory Rehef Only
IJ A6040 InjunctIve ReUef Only (not domestfeJharassment)
IJ A6011 Other Commercral Complamt Case
IJ A6000 Other CIVil Complaint (non-tortlnon-comp!ex)
IJ A6113 Partnership anel Corporate Governance Case
IJ A6121 Civil Harassment
IJ A6123 Workplace Harassment
IJ A6124 Elder/Dependent Adult Abuse Case
IJ A6190 Election Contest
IJ A6110 Petlllon for Change of Name
0 A6170 Petition for Reller from late Claim law
IJ A6100 Other ClVd PetItion
3013196A5197003M 20130713
C

See
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
2,6.
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
Local Rule 2.0
Page 3 of4
SHOIUTITLE. WACO FIRE AND CASUALTY INSURANCE COMPANYv.
I
3013196A5197003M 20130713
Item III. Statement afLacallan 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 localion you selected
AOORESS
REASON. Check the appropriate boxes for the numbers shown
under Column C for the type of action that you have selected for
this case
01. [jg2 ::J3 [;4.05 06 1:7.08 09.010.
CITY
I I
Item IV DeclaratIon of ASSIgnment I declare under penalty of perjury under the laws of the State of Callforma that the foregomg IS true
and correct and that the above-entitled matter IS properly filed for assignment to the Stanley Mask courthouse In the
Central Olstnct of the Superior Court of Callforma, County of Los Angeles [Code elv Proc I 392 at seq. and Local
Rule 2 0, subds (b), (c) and (d)]
Dated _'7f-/"':""'2..+/.:....,{
NEYlFILING PARTY)
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE:
Onglnal Complaint or Pelltion
2 If filing a Complaint, a completed Summons form for Issuance by the Clerk
3. C,v,l Case Cover Sheet, Judicial Council form CM-010.
4 Ciyil Case Cover Sheet Addendum and Statement of Lacallon 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-01 0, If the plalnbff or petlboner IS a
minor under 18 years of age Will be required by Court In order to issue a summons.
7 Adulbolldll."llJ,lIt:::, urllucurmml::, Lu ut: t.onrUIlIIt:lt.l by lin: Clt:lk CUPIt::;) ur tht: (;UVt!1 dudemlulII
must be selVed along with the summons and complaint, or other inlbatlng pleading In the case
LAelV 1 09 (Rev 03111)
LASe Approved 0304
Local Rule 2 0
Page 4 of4
- -
..
3013196A5197003M 20130713
____ .. ___ .'u, _.' .... "u"", ..... Vol!
NonCE of CASE ASSIGNMENT - UNLIMITED CIVIL CASE (NoN-cLAss ACTION)
CaseNumbor B G 5 13 9 7 ,
1'BIS FO!!MIS TO BE SERVEII WlTH THE SUMMONS AND COMPLAINT
Your cue II wl&ae4 r.rall purpO!C' to theJu4lc1al omur lodlcate4 b ..... (Looal RuI.3.3(e, 1;h.re II addltionallnCormallDD DO the ....... side orw. ro"",
ASSIGNED RIDGE I
DEPT ROOM ASSIGNED RIDGE DEPT ROOM
Hon.!ahicl Buckloy

534 Han. MicbaclloMsDD 56 514
,
tp(n. BmbamA. Meiers
,v\.EJ
636 I Han. Ralph W. Dan 57 511
Han. Tony A Green 14 300 Hon. RolfM. 'rteU 58 516
HOD. Richard FIIIln 15 301 HoD. Michael L. Siom 62 600
HoD. RitaMlUer 16 309 Hon. MarItMooooy 68 617
HoD. Richard E. Rico 17 309 HoD. WIlUamF. Fahey 69 621
HoD Kevin C. Brazil. 20 310 HoD. Saussan G. Brugu.ra 71 n9
HoD. Robert L. Hess 24 314 Hon. Ruth Ana Kwan n 731
-
HoD. MIllY Ana Murpby 25 317
I
HoD. Teresa Sancbez-Gardan 74 735
Han. Yvette M. PaIazu.los 28 318
HaD. Bmbam Seheper
30 400
Han. MIllY R Strob.1 32 406
Hon. Emilie H. Elias 314 CCW
HoD. Maureeo DulIYLewIs 38 412
Hon. Elihu M. Berle 323 CCW
Han. Mlobell. R. Roseobla1t 40 414 OTHER
HoD. Ronald M. Sohlgian
41 417
Han. Holly I!. Kendig
42 4i6
Han. Mel RedRecana 45 529
Han. Debre Katz Weintraub
47 501
Hon. Elizabeth Allen White
48 506
Hon. DcIrdm Hill
49 509
Hon.lohn L. Sega1
50 508
Hon. Abrabam Khan
51 511
Hon. Susan BryantDeason
52 SID
Han. Steven I. K1eilleld
53 513
Han. Ernert M. Hlmshlge
S4 SI2
Hon. Malcolm R Mackey
SS SIS

DID "
AlIC1H1 cIu/;lIIIId U CGqIIa '0111 .. 111111 clal ac:t!ono) an II!ItIaIIy lalgntd to Ma. EIllIo 11. BerIIIn 111j1ar1m11!1323 ofllll CIn!ral CIvU IYtlI Comm!c ... (900 S.
CDIIIIIIOIIMIIIb A ..... 1.a AopIa 90005). TII!a asIgnmant II forlhl pwpo .. of milling vlllllluor nota.. .... 11 compIa II!IfIIn IIIIIIlIIIIIai ofCdfilmIa Rullo of
CG!III. ndl3AOII. IItpIndlng en lfIIoutco .. DllfIaI allnmlll!, thl .... nay hi rauIgnIcIlD ... ollfll),alga 01 thl Co"","" l.!I!;doo P/CgIIIII er!lllllgnld
nooIom!ylD eollllfn Iho c.nIrII DIIIrrc,.
GiYml to the PIaintifflCross-ComplainantlAttomoy of Record on JOHN A. CLARKE, Exm1livc OfficerlClcril:
IACIV CCH 190 (Rev. 01112) NOnCE OF CASE ASSIGNMENT - P"ll8 I or 2
LASe Ajlpmvad os.oo
FcroPtlcnlll Use UNUMITED CML CASE
3013196A5197003M 20130713
INSTRUCTIONS FOR HANDLING UNLIMrrED crvn.. CASES
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The following critical provisions of the Chapter Rules, as applicable in the CentmI District, are SUIIIIIIIIri7ed for your assistance.
APPLICATION
The Chapter Three Rules were elIcctive January I, 1994. They apply to all general civil cases.
OVER OTHER RrnES
The Chapter Three Rules shall have priority over all other Local Rules to the extent the others are ioconsistent.
CHALLENGE TO ASSIGNED.ronGE
A challenge under Cude of Civil Procedure section 170.6 must be made within 15 days after notice of assignment for all pwposes to
ajudge, or ifapartyhasnot yet appeared, within 15 days of the first appearance.
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TIME STANDARDS
Cases assigned to the Individual Calendering Cuurt will be subject to processiog under the followiog time standards:
COMPLAINTS: AIl complaiots shall be served within 60 days offiling and proof of service shall be fi!ed within 90 days of filing.
CROSS-COMPLAINTS: Without leave of court first beiog obtained, no cross-complaint may be filed by any party after their
aosweris filed. eross.complaiots shall be served within 30 days of the fiIiog date and aprocfofservice filed within 60 days of the
fiIiog dele.
A Stetus CuD1innce will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the fiIing of the
colllpIaint. CuUDSel must be fully prepared to discuss the followiog issues: a1temative dispute resolution, biforcatiOll, seUlement,
trial date, and expert witnesses.
l!JNAL stATUS CONFERENCE
The Cuurt will require the parties at a status conference not more than 10 days the trial to have timely filed aod served
motions in IImine, bifurcation motions, statements ofmajor evidentlmy issues, dispositive motions, requestedjuly iIIsIrwtions, and
special july instructions and apecial jUlY verdicts. These matters may be heard and resolved at this confuence. At least s days
belbre this conference, counsel must also have exchaoged lists of exlu'bils and witnesses and have submitted to the court a brier
stale!nent of the case to be iead to the jUlY panel as required by Chapter Bight of the Los Angeles Superior CoJUI Rules
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SANClIONS
The cDlllt will impose appropriate sanctions for the fiIiluro or refUsal to comply with Chapter Three Rules, orders made by the Court,
and time standards or deadlines established by the Court or by the Chapter Three Rules. Such sanctions may be on a party or if
applDjliiate on COUDSel for the party.
Thill is not a complete delineation of the Chapter Three Rules, and adherence only to the above provisions is therefore
not a guarantee against the imposItIon of sanctions under Trial Court Delay ReductioD. Caref'IIJ reading and
complwlI:e with the actnal Chapter Rules is absolutely Imperative.
LACIV CCH 190 (RaY. 01112)
LASCApproved OIl-G6
For OpUonai Use
NOTICE OF CASE ASSIGNMENT -
UNUMITED CML CASE
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VOLUNTARY EFFICIENT LITIGATION STIPULATIONS
The Early Organizational Meeting Stipulation, Discovery
Resolution Stipulation, and Motions in Limine Stipulation are
Superior Court OfCBUfomla voluntary stipulations entered into by the parties. The parties
Co.nly 01 Loa Angolos
Los Angat" County
Sar Anaelatlon
LlllgaUon SBcllon
Los Angoin Counly
Bar AlsoelaUon Labar and
Employmant Law SacUon

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AuoclaUon of La. Angol ..
Southern Cllffomla
DBfansa Counsel
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Assoclatfon of
BUBtnslIJ TrlI1 Lawyers
Clillomla Employment
Lawyora AsaoclaUan
may enter into one, two, or all three of the stipulations;
however, they may not alter the stipulations as written,
because the Court wants to ensure uniformity of application.
These stipulations are meant to encourage cooperation
between the parties and to assist in resolving issues in a
manner that promotes economic case resolution and judicial
efficiency.
The following organIzations endorse the goal of
promoting efficiency in litigation and ask that counsel
consider using these stipulations as a voluntary way to
promote communications and procedures among counsel
and with the COUIt to fairly resolve issues in their cases.
+Los Angeles County Bar Association Litigation Section+
+ Los Angeles County Bar Association
Labor and Employment Law Section.
.Consumer Attorneys Association of Los Angeles.
+Southern California Defense Counsel
Association of Business Trial Lawyers.
.Callfomia Employment Lawyers Association.
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ITATlIoVIJrUSlIII Jb&MdbQe4'aflllSZq;
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STIPULATION - EARLY ORGANIZATIONAL MEETING
This stipulation Is Intended to encourage cooperation among the parties at an early stage In
the IltigaDon and to assist the parties In efficient case resoluDon.
The parties agree that:
1. The parties commit to conduct an initial conference (inperson or via teleconference or via
vldeoconference) within 15 days from the dale this stlpulatlon Is signed, to discuss and consider
whether there can be agreement on the following:
a. Are motions to challenge the pleadings necessmy? If the Issue can be resolved by
amendment as of right. or If the Court would allow leave to amend, could an amended
complaint resolve most or all of the Issues a demurrer might otherwise reise? If so, the parties
agree to work through pleading Issues so that a demurrer need only raise Issues they cannot
resolve. Is the Issue that the defendant seeks to raise amenable to resolution on demurrer, or
would some other type of moHon be preferable? Could a voluntary targeted exchange of
documents or Information by any party cure an uncertainty In the pleadings?
b. InlUal mutual exchangas of documenls at the core" of the Iltlgallon. (For example, In an
employment case, the employment records, personnel file and documenls relallng to the
conduct In question could be consIdered core: In a personal Injury case, an Incldent or
polfce report, medfcal records, and repair or maintenance records could be considered
core:):
c. Exchange of names and contact Information of wHnesses:
d. Any Insurance agreement that may be available to satisfy part or all of a judgment, or to
indemnify or reimburse for paymenls made to satIsfy a judgment:
e. Exchange of any other Informatlon that might be helpful to facilitate understsnding, handling,
or resolution of the case In a mannar that preserves obJecUons or privileges by agreement:
f. Controlling Issues of law that. If resolved early, wUI promote efficiency and economy In other
phases of the case. Also, when and how such Issues can be presented to the Court;
g. Whather or when the case ,should be scheduled with a settlement officer, what discovery or
court ruling on legal Issues Is reasonably required to make settlement discussIons meaningful,
and whether the parties wish to use a slHlng Judge or a private medIator or other opllons as
tACiy 229 \f1i!iij
LASe ApjIIIMId 04/11 STIPULATION - EARLY ORGANIZATIONAL MEETING
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discussed In the "A1lernatlve' Dispute Resolullon (ADR) Informallon Package" served with the
complaint;
h. Computation of damages, including documents nol privileged or protected from disclosure, on
which such computation Is based;
I. Whether the case Is suHable for the Expedited Jury Trial procedures (see Information at
www.fasupsrforcourf.orqunder CMr and then under "GenerallnfORnatfon).
2. The lime for a defendIng party to respond to a complaint or cross-complaint will be extendad
to for the complaIn!, and for the cross-
CNSI!RT DATE) (INSERT OATE)
complaint, which Is comprised of the 30 days to respond under Govemment Code 68616(b),
and the 3D days permitted by Code of Civil Procedure seellon 1054(a), good cause having
been found by the CMI SupervIsIng Judge due to the case management benefits provided by
this Stipulation.
3. The parties will prepare a JoInt report IItled Joint Stetus Report Pursuant to Initial Conference
and Early Organ1zal/onal Meatlng SlIpulatlon, and If desIred, a proposed order summarizing
results of their meet and confer and advising the Court of any way it may assist the parl/es'
efficient conduct or resolution of the case. The parties shan attach the Joint Status Report to
the Case Managemen t Conference statamen!, and file the documents when the CMC
statement Is due.
4. References to "days mean calendar days, unless otherwise noted. If the date for parformlng
any act pursuant fo this sllpulatlon faUs on a Saturday, Sunday or Court holiday, then the time
for performing that act shaD be extended to the next Court day
The following parties sllpulate:
Dale:
Data:
(TYPE OR PRINT NAME)
(ATTORNEY FOR PLAINTIFF)
Date:
(ATTORNEY FOR DEFENDANT)

Date:

Date:

Date:
(ATtORNEY FOR )

Dale:
(ATTORNEY FOR

(ATIORNEY FOR
b\CSO 229 (hIW)
LASe ApjllQV8d 04111 STIPULATION - EARLY ORGANIZATIONAL MEETING
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F A X N O O ~
STIPULATION - DISCOVERY RESOLUTION
this sUpulaUon Is Intended to provide a fast and Infonnal resolution of discovery Issues
through limited paperwork and an Informal conference with the Court to aid In the
resolution of the Issues.
The parOes agree that:
1. Prior to the discovery cutoff in this action, no discovery motion shall be filed or heard unless
the moving party first makes a written request for an Informal Discovery Conference pursuant
to the terms of this stipulation.
2. At the Infonnal Discovery Conference the Court will consider the dlspule presented by parties
and determine whether it can be resolved informally. Nothing set forth herein will preclude a
party from making a record at the conclusion of an Informal Discovery Conference, eHher
orally or In writing.
3. FollOwing a reasonable and good faith attempt at an Informel resolution of each Issue to be
presented, a party may request an Informal Discovery Conference pursuant to the following
procedures:
a. The party requesting the Informal Discovery Conference will:
I. File a Request for Informal Discovery Conference wHh the clerk's office on the
approved form (copy attached) end deliver a courtesy, confonned copy to the
assigned department;
ii. Include a briefsummary of the dispute and specify the relief requested; and
ill. Serve the opposing party pursuant to any authorized or agreed method of service
that ensures that the opposing party receives the Request for Informal Discovery
Conference no later than the next court day following the filing.
b. Any Answer to a Request for Informal Discovery Conference must:
I. Also be filed on the approved form (copy attached);
II. Include a brief summary of why the requested relief should be denied;
CACiQ U30 (ftiW)
LASe Approved 04/11 STIPULATION - DISCOVERY RESOLUTION
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III. Be filed within two (2) court days of receipt of the Request; and
Iv. Be served on the opposing party pursuant to any authorized or agreed upon
method of service that ensures that the opposing party receives the Answer no
later than the next court day following the filing.
c. No other pleadings, Including but not limited to exhibits, declaretions, or attachments, will
be accepted.
d. If the Court has not granted or denied the Request for Informal Discovery Conference
within ten (10) days following the filing of the Request, then H shall be deemed to have
been denied. If the Court acts on the Request, the parties will be notified whether the
Request for Informal Discovery Conference has been granted or denied and, If granted,
the date and time of the Informal Discovery Conference, which must be wHhin twenty (20)
days of the filing ofthe Request for Informal Discovery Conference.
e. If the conference Is not held within twenty (20) days of the filing of the Request for
Informal Discovery Conference, unless extended by agreement of the parties and the
Court, then the Request for the Informal Discovery Conference shall be deemed to have
been denied at that time.
4. If (a) the Court has denied a conference or (b) one of the time deadlines above has expired
without the Court having acted or (c) the Informal Dlscovary Conference Is concluded wHhout
resolving the dispute, then a party may file a discovery motion to address unresolved issues.
5. Tha parties hereby further agree that the time for making a motion to compel or other
discovery motion is tolled from the date of filing of the Request for Informal Discovery
Conference until (a) the request Is denied or deemed danied or (b) twenty (20) days after the
filing of the Request for Informal Discovery Conference, whichever is earlier, unless extended
by Order of tha Court .
It Is tha understanding and intent of the parties that this stipulation shall, for each discovery
dispute to which It appllas, constitute a writing memorializing a specific later date to which
the propounding [or demanding or requesting) party and the responding party have agreed In
writing," within the meaning of Code Civil Procedure sections 2030.300(0), 2031.320(c), and
2033.290(c).
6. Nothing herein will preclude any party from applying ex parte for appropriate renef, Including
an order shortening time for a motion to be heard concemlng discovery.
7. Any party may terminate this stipulation by giving twenty-one (21) days notice of intent to
terminate the stipulatfon.
8. References to days mean calendar days, unless otherwise noted. If the date for performing
any act pursuant to this stipulation falls on a Saturday, Sunday or Court holiday, then tha time
for performing that act shall be extended to the next Court day.
tAt)V 036 (iifW)
I.ASC Appmved 1U111
SnpULATION - DISCOVERY RESOLUTION
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The following parties stipulate:
Date:
>
(ATTORNeY FOR PlAINTIFf)
Date:
(TYPS ORPRIHT 1/At.II!)
(ATTORNeY FOR DEI'EHIlAH'Il
Date:
(ATTORNEY FOR DIlFENOANT)
Date:
(ATTORNEY FOR DEFENOANT)
Date:
(TYPE OR PRINT NAI.Ie)
{ATTORNeY FOR
Date:
(TYPEOR PRINT llAMe)
(ATTORNeY FOR
Dale:
(TYPS OR PRINT IIAMS)
(ATTORNeY FOR
LACiv 03B (iiiw)
lASe A(lpnwad 04111
STIPULATION - DISCOVERY RESOLUTION
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KlM!NOIJIIUUOI'IJTQIItM!VORPMtYwmtourAlt'tIIIM
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TELPHOIIE HO.
FAXNO. (0pII0nait
E-MAILADIlRESS (OplJonll):

l \iuURT OF CAUFORNIA, COUNTY OF LOS.

INFORMAL DISCOVERY CONFERENCE
CASe_
(pursuant to the Discovery Resolution SUpulation of the oartiasl
1. I ms cocument relates to:
o Request for Informal Discovery Conference
o Answer to Request for Informal Discovery Conference
2. Deadline for Court to decide on Request: (lnsart dalo 10 calendar days foUowIog flUng of
1110 Requoal).
3. Deadline for Court to hold Informal Discovery Conference: (In .. rt dais 20 calendar
days rolcw!ng fling.flllet Roqueolj.
4. For a Request for Informal DIscovery Conference, brleflv describe tha nature of tha
dIscovery dIspute, IncludIng the facts and lagal argumente at Issue. For an Answer to
Request for Infonnal Discovery Conference, briefly describe why tha Court should dany
the raquastad dlscovery,lncludlng tha facts and lagal argumants at Issue.
tACiV OW [fiJW)
INFORMAL DISCOVERY CONFERENCE
(Pursuant to the Discovery ResoluUon SUpulaUon of the parties)
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IlTAT!&UlfUIIIlIl
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FAX NO.

OF LOS
cc=.
STIPULATION AND ORDER - MOTIONS IN LIMINE
This stipulation Is Intended to provide fast and Informal resolution of evidentIary
Issues through diligent efforts to define and discuss such Issues and limit paperwork.
The parties agree that:
1. At least _ days before the final status conference, each party will provide all other
parties with a I1st contaIning a one paragraph explanation of each proposed motion In
limine. Each one paragraph explanation must Identify the substance of a sIngle proposed
motion In limIne and the grounds for the proposed motion.
2. The parties thereafter wllJ meet and confer, eIther In person or via teleconference or
vldeoconference, concernIng all proposed motions In limine. In that meet and confer, the
partIes wllJ determIne:
a. Whether the parties can stipulate to any of the proposed motions. If the parties so
they may file a stipulation and p'roposed order with the Court.
b. Whether any of the proposed motions can be briefed and submitted by means of a
short jOint statement of Issues. For each motion which can be addressed by a short
joint stetement of Issues, a short joInt statement of Issues must be filed with the Court
10 days prior to the final status conference. Each sIde's portion of the short joint
statement of Issues may not exceed three pages. The parties will meet and confer to
agree on a date and manner for exchanging the parties' respective portIons of the
short joInt statement of Issues and the process for fiUng the short joInt statement of
Issues.
3. All proposed motions In l1m/ne that are not either the subject of a stipulation or briefed via
a short joint statement of Issues will be briefed and filed In accordance with the California
Rules of Court and the Los Angeles Superior Court Rules.
LACIV D15 I_I
LASe AppnIvad 04111
snpULAnON AND ORDER - MOTIONS IN LIMINE
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The-following parties stipulate:
Dale:
>
(ATIORNEY FOR PLAINTIFF)
Date:
>
(ATIORNEV FOR DEFENDANT)
Dale:

(ATIORNEY FOR DEFENDANT)
Dale:

(ATIORNEY FOR DEFENDANT)
Date:
>
(ATIORNEV FOR
Date:

Dale:
(TYPE ~ PRINT NAME)
(ATIORNEY FOR

(ATIORNEY FOR
THE COURT SO ORDERS.
Date:
JUDICIAl. OFFICElt
XCiO 015 (ri8W)
LASe Appra.ed 04/11
snPULATION AND ORDER - MOTIONS IN LIMINE
Pago2of2
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ATTORNeyS
Ms. Carolme Kennedy
Semor Claims Speclahst
ACE North Ameflcan Claims
ProfesslOnal Risk
P.O Box 5105
Scranton, PA 18505-0518
1.2100 131,<,1 Su't<..800
lo<, An'ltl<' CA
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EXHIBIT B

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RICHARD S. ENDRES, Esq. (SBN 144853)
rendres@londonfischer.com
2 LONDON FISCHER ,LLP
3
1 Park Plaza, Suite 740
Irvine, California 92614
4
Telephone: (949) 252-0550
5 Facsimile: (949) 252-0553
6 DARREN LE MONTlmE, Esq. (SBN 198715)
dlemontree@londonfischer.com
7 LONDON FISCHER LLP
s 21550 Oxnard Street, Suite 300
Woodlruid Hills, California 91367
9 Telephone: (818) 224-6068
Facsimile: (818) 224-6061
'10
Attorneys for De/el1fial1t
I I. ACE AMERICAN INSURANCE COMPANY
12
CONFORMED COpy
OF ORIGINAL fiLED
L.os Angeles Supenor Court
NOV 062013
JoIIIl, A. OffIcer/Clerk
lilY dO< Deputy
13
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES - CENTERAL
WACO FIRE AND CASULATY INSURANCE Case No. BC513977
COMPANY, a Georgia corporation,
Plaintiff,
v.
ACE AMERICAN INSURANCE COMPANY,
a Pennsylvania corporation; and DOES I-50.
inclusive,
Defendants.
Assigned to the Honorable Judge
Barbara A. MeIers; Department 12
COMPANY'S ANSWER TO
PLAINTIFF WACO FIRE AND
CASUALTY INSURANCE
COMPANY'S COMPLAINT
Complaint Fi.1ed: July 2, 2013
Trial Date: None
Defendant ACE AMERICAN INSURANCE COMPANY ("Defendant"). by and
27 through its attorneys of record, as and for Answer, on behalf of itself and no other party,
28 hereby allSwers the Complaint ("Complaint") of Plaintiff WACO FIRE AND CASULATY
INSURANCE COMPANY (,'Plaintiff'). and states as follows:
ACE AMERICAN INSI..'RA>JCE COMPANY'S ANSWER TO PLAINTlFF WACO FiRE AND CASUALTY INSURANCE
COMP,\NY'S COMPLMNT
2
J
4
5
6
7
8
9
10
II
12
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14
IS
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LMI'DrIU
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W_1IiII, U 117
IPP!!l-8II
GENERAL DENIAL
Pursuant to Code of Civil Procedure 431.30(d), Defendant denies each statement,
allegation matter or fact alleged in Plaintiff's Complaint, and each cause of action thereof,
including the whole thereof. Also, Defendant denies that Plaintiff i entitled to any relief from
this answering Defendant, whether as alleged, or otherwise.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
As a first and separate affirmative defense, Defendant alleges as follows:
I. Plaintiff's Complaint herein and each and every cause of action thereof, fails to
state facts sufficient to constitute a cause of action against Defendant.
SECOND AFFIRMATIVE DEFENSE
As a second and separate affirmative defense, Defendant alleges as follows:
2. Defendant is infomled and believes, and on such information and belief alleges,
that the Complaint and each and every cause of action tllerein is barred by the applicable
statutes of limitation set forth in California Code of Civil Procedure Sections 337. 338, 339
and/or 340, and any other applicable statutes of limitation.
THIRD AFFIRMATIVE DEFENSE
As a third and separate afftrmative defense, Defendant alleges as follows:
3. Defendant is informed and believes, and on such information and belief alleges,
that Plaintiff is precluded from asserting each and every cause of action, or otherwise asserting
any right to relief against Defendant, by reason of the inequitable conduct of Plaintiff and lor its
insured(s) amounting to unclean hands.
FOURTH AFFIRMATIVE DEFENSE
As a fourth and separate affirmative defense, Defendant alleges as follows:
that Plaintiff's Complaint and each cause of action therein is barred by the doctrine of waiver.
2
ACE AMERJCAN I SURANCE COMPANYS ANSWER TO PLAJNTlFF WACO FIRE AND CASUALTY INSURANCE
COMPANYS COMPLAINT
IAoMo lidirUi
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FIFTH AFFlRMA TIVE DEFENSE
2 As a fifth and separate affinnative defense Defendant alleges as follows :
3
4 that Plaintiff and/or its insured(s) at aU times relevant, gave their consent, express or implied,
5 to any acts, omissions and any and all conduct alleged in the Complaint, and to each and every
6 cause of action contained therein.
7 SIXTH AFFIRMATIVE DEFENSE
8 As a sixth and separate affimlative defense, Defendant alleges as follows:
9
10 that Plaintiff is barred from asserting each and all of the alleged causes of action contained in
II the Complaint or otherwise asserting any right to relief against Defendant because Plaintiff
12 and/or its insured(s) ratified the alleged acts and/or omissions of Defendant.
13 SEVENTH AFFIRMATIVE DEFE SE
14 As a seventh and separate affirmative defense, Defendant alleges as follows:
15
16 that Plaintiff has failed to take reasonable steps to avoid the damages, if any there were, as
17 alleged in the Complaint, and each and every cause of action contained therein. To the extent
18 that such damages, if any, were incurred, Plaintiffs' recovery, if any, should be reduced
19 accordingly.
20 EIGHTH AFFfRMATIVE DEFENSE
21 As an eighth and separate affirmative defense, Defendant alleges as follows:
22
8. Plaintiffs Complaint is barred in whole or in part based upon amounts
23 contributed by other insurers.
24 NINTH AFFIRMATIVE DEFENSE
25 As a ninth and separate affirmative defense, Defendant alleges as follows:
26
27 that Plaintiff and/or its insured(s) have expressly and/or impliedly or by operation of law
28
3
ACE AMERI CAN INSURANCE COMPANY' S ANSWER TO PLAINTIFF WACO FIRE AND CASUALTY INSURANCE
COMPANY' S COMPLAINT
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excused Defendant from any and all obligations under the alleged agreement and from any and
2 all rights to recover under each and every claim alleged in the Complaint.
3 TENTH AFFTRMA TIVE DEFENSE
4 As a tenth and separate affirmative defense, Defendant alleges as follows:
5
10. Defendant is informed and believes, and on such information and belief alleges.
6 that Plaintiff and/or its insured(s) released Defendant expressly and/or impli edly from any and
7 all liability and from any and all ri ghts to recover under each and every claim alleged in the
8 Complaint.
9 ELEVENTH AFFIRMATIVE DEFENSE
10 As an eleventh and separate affim1ative defense, Defendant alleges as follows:
II
II. Defendant alleges that Plaintiff's claims are barred in that Defendant has fu ll y
12 performed aU obligations reqwred of it, if any, under the terms of the subject msurance
13 contract(s) in connection with Plainti ff's claims for loss and damage.
14 TWELFTH AFFIRMATIVE DEFENSE
15 As a rwelfth and separate affi rmative defense, Defendant all eges as follows:
16
17 that the conduct of Plaintiff and/or its insured(s) was such that any recovery would be contrary
18 to public policy.
19 THIRTEENTH AFFIRMATIVE DEFENSE
20 As a thirteenth and separate affi rmative defense, Defendant al leges as follows:
21
22 that Plaintiff's Complaint and each cause of action therein is barred by the doctrine of estoppel.
23 FOURTEENTH AFFIRMATIVE DEFENSE
24 As a fourteenth and separate affirmative defense, Defendant alleges as follows:
25
26 that Plaintiff's Complaint and each cause of action therein is barred by the doctrine of laches.
27
28
4
ACE AMERI CAN INSURA CE COMPANY' ANSWER TO PLAfNTIFF WACO FIRE AND CASUALTY INSURANCE
COMPANY'S COMPLAINT
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FIFTEENTH AFFIRMATIVE DEFENSE
2 As a fifteenth and separate affirmative defense, Defendant alleges as follows:
3
4 that Plaintiff is barred from enforcing its purported rigbts in the all eged agreement(s) or any
5 other right to relief against Defendant because the purported obligations under the alleged
6 agreement, ifany, did not come into existence by reason of the failure ofa condition precedent.
7 SIXTEENTH AFFIRMATIVE DEFENSE
8 As a sixteenth and separate affirmative defense, Defendant alleges as follows:
9
16. Defendant reserves the right to assert, and does hereby assert the applicability of
10 exclusions and policy limitations based upon exclusions, endorsements and other policy temIs,
II conditions and provisions, that bar or limit coverage and the ri ght to recover under the claims
12 asserted herein.
13 SEVENTEENTH AFFIRMATIVE DEFENSE
14 As a seventeenth and separate affi rmative defense, Defendant alleges as follows:
15
16 that the Complaint seeks damages which are not properly recoverable under the theories set
17 forth in the Complaint, including, but not limited to, prejudgment interest and amounts claimed
18 which are not covered pursuant to the terms and conditions of the subject policy.
19 EIGHTEENTH AFFIRMATIVE DEFENSE
20 As an eighteenth and separate affirmative defense, Defendant alleges as foll ows:
21
18. Plaintiff's claims are barred to the extent that the damage alleged is precluded
22 from coverage by exclusions or other provisions in the policy issued by Defendant, including
23 by not limited to the following:
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(a) Pursuant to Exclusion II1(B), alleging, based upon, arising out of or attributable
25 to any Property Damage;
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(b) Pursuant to Endorsement No.5, alleging, based upon, arising out or attributable
27 to a Network Security or Privacy Breach; and
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5
ACE AMERICAN INSURANCE COMPANY'S ANSWER TO PLAINTIFF WACO FIRE AND CASUAL TV INSURANCE
COMPANY'S COMPLAINT
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(c) Pursuant to Endorsement No.7, alleging based upon, arising out of or
2 attributable to Claims which would normally be covered ll11der a physical loss or damage
3 insurance policy in respect of property in the care, custody or control of the insured.
4 NINETEENTH AFFffiMA TNE DEFENSE
5 As a nineteenth and separate affirmative defense, Defendant alleges as follows:
6
19. Defendant is informed and believes and thereon alleges that Plaintiffs claims
7 against Defendant are barred, in whole or in part, to the extent that Defendant 's and Plaintiffs
8 policies of insurance do not share the same level of obligation on the same ri sk as to the same
9 insured.
10 TWENTIETH AFFIRMATIVE DEFENSE
II As a twentieth and separate affirmative defense, Defendant alleges as follows :
12
20. Defendant has no obligation to compensate for any sums which exceed the
13 limits of any applicable insurance policies.
14 TWENTY-F[RST AFFIRMATfVE DEFENSE
IS As a twenty-first and separate affimlative defense, Defendant alleges as follows:
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21. Plaintiff's claims against Defendant are barred, in whole or in part, to the extent
17 the amounts sought are unreasonable.
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TWENTY-SECOND AFFIRMATIVE DEFENSE
As a twenty-second and separate affirmative defense, Defendant alleges as follows:
22. Defendant' S liability, if any, to Plaintiff under the theories set forth in the
Complaint must be limited by allocation and/or apportionment among any other applicable
insurance policies issued by other insurance carriers, and Defendant is entitled to have any
judgment awarded herein equitable apportioned among all defendant insurers that afforded
coverage for the underlying claim(s).
TWENTY-THIRD AFFIRMATfVE DEFENSE
As a twenty-third and separate affirmative defen e, Defendant alleges a follows:
6
ACE AMERICAN IN URANCE COMPANY' ANSWER TO PLAINTIFF WACO FIRE AND CA UALTY fNSURANCE
COMPANY' COMPLAfNT
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23. Plaintiff's claims against Defendant are barred, in whole or in part, because
2 Plaintiff has an inferior equitable position with respect to the sums it claims to be owed, and
3 therefore, has no right to seek contribution and/or equitable subrogation from Defendant.
4 TWENTY-FOURTH AFFlRMATrVE DEFENSE
5 As a twenty-fourth and separate afftrmative defense, Defendant alleges as follows:
6
24. Defendant is informed and believes and thereon alleges that Plaintiff's claims
7 against it are barred, in whole or in part, to the extent the policy allegedly issued by Defendant
8 is excess to the policy issued by Plaintiff.
9 TWENTY-FIFTH AFFlRMATrVE DEFENSE
10 As a twenty-fifth and separate affirmative defense, Defendant alleges as follows:
II
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against it are barred, in whole or in part, to the extent that the entities or individuals that
incurred the costs or liabilities in the underlying claim were not named insureds or insureds
within the meaning of tbe policy allegedly issued by Defendant during the effective dates of
the policy.
TWENTY -SIXTH AFFIRMA TrVE DEFENSE
As a twenty-sixth and separate affirmative defense, Defendant alleges as follows:
19 against it are barred, in whole or in part, to the extent some or all of the underlying claims may
20 be covered, in whole or in part by other insurance.
21 TWENTY-SEVE TH AFFIRMATIVE DEFE SE
22 As a twenty-seventh and separate affirmati ve defense, Defendant alleges as follows:
23
27. Plaintiff's claims asserted in the Complaint are barred to the extent the claimed
24 dan1ages are limited or precluded by the Retention and related relevant provisions set out in the
25 insurance policy issued by Defendant.
26 TWENTY-EIGHTH AFFmMATrVE DEFENSE
27 As a twenty-eighth and separate afflJ111ative defense, Defendant alleges as follows:
28
7
ACE AMERI CAN INSURANCE COMPANY'S ANSWER TO PLAI TIFF WACO FIRE AND CASUALTY INSURANCE
COMPANY' S COMPLAINT
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28. Plaintiff's claims asserted in the Complaint are barred to the extent any claimed
2 damages include defense fees and/or costs incurred before Defendant was placed on notice of
3 the underlying claim(s).
4 TWENTY-NINTH AFFIRMATIVE DEFENSE
5 As a twenty-ninth and separate affi rmative defense, Defendant alleges as follows:
6
29. Plaintiffs claims asserted in the Complaint are barred because Plaintiff and/or
7 other parties, not Defendant, is primarily liable for the sums that Plaintiff seeks to recover.
8 THIRTIETH AFFTRMA TIVE DEFENSE
9 As a thirtieth and separate affirmative defense, Defendant alleges as follows:
10
30. Plaintiff lacks standing to bring this action.
II THIRTY-FIRST AFFIRMATIVE DEFENSE
12 As a thirty-first and separate affirmative defense, Defendant alleges as follows:
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31. Defendant presently has insufficient knowledge or information upon which to
form a belief as to whether it may have additional, as yet un tated, affirmative defenses
available. Defendant reserves the right to assert additional affirmative defenses in the event
discovery or clarification of Plaintiffs' claims indicates that they would be appropriate.
WHEREFORE, Defendant prays that judgment be entered against Plaintiff and in favor
of Defendant, that the Complaint herein be dismissed with prejudice that Plaintiff take nothing
by reason of the Complaint herein, that Defendant be awarded its costs of suit incurred herein
and that Defendant be awarded such other and further relief as their Court deems just and
proper.
Respectfully submi tted,
23 Dated: November 6, 2013
24
ON FISCHER LL
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By: =-:-".---::=-::----=---,--_____ _
Richard S. Endres
8
Darren Le Montree
Allorneysfor Defendant
COMPANY
ACE AMERICAN INSURA CE COMPANY'S ANSWER TO PLAINTIFF WACO FIRE AND CASUAL TV INSURANCE
COMPANY'S COMPLAINT

430.058/Waco Fire & Casualty Insurance Co. /ACE American Insurance Co. {L0015292.1 }
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London Fischer LLP
1 Park Plaza
Suite 740
Irvine, California
92614
(949) 252-0550
Proof of Service
Waco Fire and Casualty Insurance Company v. ACE American Insurance Company, et al.
Los Angeles County Superior Court Case No.: BC513977

STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the County of Orange, State of California. I am over the age of 18
and am not a party to the within action. My business address is 1 Park Plaza, Suite 740, Irvine,
California 92614.

On November 6, 2013, the document(s) entitled: ACE AMERICAN INSURANCE
COMPANYS ANSWER TO PLAINTIFF WACO FIRE AND CASUALTY INSURANCE
COMPANYS COMPLAINT served on the interested party(ies) in this action as follows, by
placing [ ] the original [X] a true copy thereof, in sealed envelopes to be delivered/addressed
as follows:

SEE ATTACHED SERVICE LIST

[X] (BY U.S. MAIL) I caused said envelope(s), with postage fully prepaid, to be placed in
the U.S. Mail at Irvine, California. I am readily familiar with the firms practice for
collection and processing of mail. It is deposited with the U.S. Postal Service on the
same day in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if the postal cancellation date or postage meter date
is more than one (1) day after the date of deposit for mailing set forth in this affidavit,
addressed as listed above.

Executed on November 6, 2013, at Irvine, California.

[X] (STATE) I declare under penalty of perjury that the foregoing is true and correct.

[ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.

Xiomara Post ___________________________________________
TYPE/PRINT NAME

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London Fischer LLP
1 Park Plaza
Suite 740
Irvine, California
92614
(949) 252-0550
Service List
Waco Fire and Casualty Insurance Company v. ACE American Insurance Company, et al.
Los Angeles County Superior Court Case No.: BC513977

Hillary A. Booth
Ian P. Culver
BOOTH LLP
Telephone: (310) 641-1800
Facsimile: (310) 641-1818
E-mails: hbooth@boothllp.com
iculver@boothllp.com

Attorneys for Plaintiff
WACO FIRE AND CASUALTY INSURNCE COMPANY


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London Fischer LLP
1 Park Plaza
Suite 740
Irvine, California
92614
(949) 252-0550
Proof of Service
Waco Fire and Casualty Insurance Company
v.
ACE American Insurance Company, et al.
United States District Court, Central District of California
Western Division

STATE OF CALIFORNIA, COUNTY OF ORANGE

I am employed in the County of Orange, State of California. I am over the
age of 18 and am not a party to the within action. My business address is 1 Park
Plaza, Suite 740, Irvine, California 92614.

On November 8, 2013, I served the foregoing documents entitled:
1. CIVIL COVER SHEET;

2. CERTIFICATION AND NOTICE OF INTERESTED PARTIES;
and

3. DEFENDANT ACE AMERICAN INSURANCE COMPANYS
NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b) on
the interested parties in this action as follows:

SEE ATTACHED SERVICE LIST

[X] (BY U.S. MAIL) I caused said envelope(s), with postage fully prepaid, to
be placed in the U.S. Mail at Irvine, California. I am readily familiar with
the firms practice for collection and processing of mail. It is deposited
with the U.S. Postal Service on the same day in the ordinary course of
business. I am aware that on motion of the party served, service is
presumed invalid if the postal cancellation date or postage meter date is
more than one (1) day after the date of deposit for mailing set forth in this
affidavit, addressed as listed above.

Executed on November 8, 2013, at Irvine, California.

[X] (FEDERAL) I declare that I am employed in the office of a member of the
bar of this court at whose direction the service was made.

Xiomara Post
*

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London Fischer LLP
1 Park Plaza
Suite 740
Irvine, California
92614
(949) 252-0550
Proof of Service
Waco Fire and Casualty Insurance Company
v.
ACE American Insurance Company, et al.
United States District Court, Central District of California
Western Division

Hillary A. Booth
Ian P. Culver
BOOTH LLP
Telephone: (310) 641-1800
Facsimile: (310) 641-1818
E-mails: hbooth@boothllp.com
iculver@boothllp.com

Attorneys for Plaintiff
WACO FIRE AND CASUALTY INSURNCE COMPANY


WACO FIRE AND CASUALTY INSURANCE COMPANY v. ACE AMERICAN INSURANCE COMPANY Et Al Notice of Removal

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Case 2:13-cv-08336-DMG-AGR Document 1 Filed 11/08/13 Page 1 of 47 Page ID #:3

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