California Capital Insurance seeks reimbursement for fire damages allegedly caused by cigarette

By Philip Gonzales | Oct 19, 2018

OROVILLE – An insurance company seeks reimbursement of more than $60,000 from the tenants of an apartment complex after a fire allegedly started by a cigarette damaged the property.

California Capital Insurance Co. filed a complaint on Oct. 11 in the Butte Superior Court against Cody James Deitz, et al. alleging negligence and breach of contract.

According to the complaint, plaintiff's insured, OSM Investment Co., owns a multifamily apartment complex at 621 Pomona Ave., Chico. The suit states on Oct. 30, 2015, the property was damaged by fire. The suit states the defendant tenants and/or guests were consuming alcohol and smoking on a common area balcony and an improperly disposed of cigarette caused the fire.

The plaintiff alleges it was obligated to pay OMS the sum of $65,613.13, inclusive of insured's $5,000 deductible. It alleges the defendant guarantors are jointly and severally liable for damages caused by the tenants and the defendants have refused to reimburse the plaintiff.

The plaintiff holds Deitz, et al. responsible because the defendants allegedly breached their standard of care by allowing the fire to erupt.

The plaintiff seeks actual damages in the amount of $65,613.13, with interest, costs, attorney's fees and such other just and proper relief. It is represented by Eric M. Schroeder, Amanda R. Stevens and Ross D. Colburn of Schroeder Loscotoff LLP in Sacramento.

Butte Superior Court case number 18CV03339

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Butte Superior Court Schroeder Loscotoff LLP

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