Nationwide Contracting Services, Inc., D.B.A. Nationwide General Construction Services vs. City of Santa Ana

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1 2. Plaintiff is informed and believes, and on that basis alleges, that Defendant CITY 2 OF SANTA ANA ("Defendant") is now, and at all times mentioned herein was, a municipal 3 corporation, doing business in the County of Orange, State of California. 4 3. The true names and capacities, whether individual, corporate, associate or 5 otherwise, of Defendants DOES 1 through 100, inclusive, are unknown to Plaintiff,who therefore 6 sues said Defendants by fictitious naives pursuant to Code of Civil Procedure section 474. Plaintiff 7 further alleges that each of said fictitious defendants is in some manner responsible for the acts and 8 occurrences set forth herein. Plaintiff will amend its complaint to show these defendants' true 9 names and capacities when the same are ascertained, as well as the manner in which each fictitious 10 defendant is responsible for Plaintiff's injuries. 11 4. Plaintiff is informed and believes, and thereon alleges, that at all times herein 12 mentioned Defendant and DOES 1 through 100, inclusive, were the agents, servants, employees, 13 co-conspirators and/or joint venturers of each other, and performed the acts and omissions 14 complained of herein in the course and scope of such agency, service, employment, conspiracy 15 and/or joint venture. 16 5. On or about March 2, 2021, Plaintiff, Defendant and DOES 1 through 100 entered 17 into a written contract ("Contract") whereby Plaintiff agreed to perform work on the Defendant's 18 project-known as the Santiago Park Gas 1-louse Area Development("Proj ect"). A true and correct 19 copy of the relevant portions of the Contract are attached hereto as Exhibit"A"and is incorporated 20 into this Complaint by reference as though set forth in full. 21 6. The Defendant breached its Contract with Plaintiff as more fully alleged herein. 22 7. Unless otherwise excused or prevented by Defendant's actions, Plaintiff 23 substantially complied with the Contract's requirements for submitting claims under the Contract 24 and commencing this action. Defendant refused to participate in arbitration as required by the 25 Contract and Public Contract Code. Plaintiff duly submitted to the Defendant its Government Code 26 Claim in accordance with Section 900 et seq. of the California Government Code ("Claim"). The 27 Defendant and/or its agents rejected Plaintiff s Claim. 28 SMTD LAw LIP _2 _ A LWITR❑L1An Ll'r'Y 1`AATHRRSHIP NATIONWIDE GENERAL CONSTRUCTION SERVICES'S COMPLAINT '.