A devastating fire incident has sparked a significant legal battle in San Francisco, where homeowners and their insurance company are suing for damages exceeding $4 million. The complaint was filed by A. Morgan Jones, Jan L. Brown Jones, and Fire Insurance Exchange in the Superior Court of California, County of San Francisco on July 22, 2024, against Patrick Szeto, Elaine Szeto, and Gary Liu Construction, Inc.
The plaintiffs allege that on March 3, 2023, a fire broke out at the property owned by Patrick and Elaine Szeto at 2189 Pine St., San Francisco. This fire subsequently spread to the adjacent property owned by A. Morgan Jones and Jan L. Brown Jones at 2139-2143 Pine St., causing extensive damage to both the physical structure and personal belongings within their home. According to the complaint, the Szetos had hired Gary Liu Construction to perform construction work on their property. The plaintiffs assert that this work included unauthorized exterior roofing activities involving a torch—a tool known for its high risk of igniting fires.
The lawsuit details how the defendants were allegedly negligent in their actions. "Defendants used a torch in performing the work at the SZETO property," states the complaint, "and this use of the 'torch' by Defendants caused a fire to ignite at the SZETO property and spread to the JONES property." The plaintiffs claim that no permit was issued for such exterior work and accuse the defendants of failing to take adequate precautions or properly prepare for using such hazardous equipment.
Furthermore, it is alleged that after the fire started, the defendants did not allow an inspection of their property to determine its cause and spread. This action is described as spoliation of evidence—intentionally or recklessly prejudicing plaintiffs by destroying or hiding crucial information regarding how the fire began.
The lawsuit brings multiple causes of action against all defendants: negligence, trespass, conversion (unauthorized taking or use of someone else's property), nuisance (interference with enjoyment of property), and violation of California Health & Safety Code Section 13007 (liability for allowing a fire to escape onto another's property). The plaintiffs argue that due to these acts and omissions by the defendants, they have suffered severe emotional distress along with financial losses amounting to over $4 million.
"Plaintiffs have suffered damages in excess of $4,000,000 including not only damage to and/or destruction of real and personal property but also including emotional distress," reads part of their claim. They seek general compensatory damages for repair costs, rebuilding expenses, loss of market value among other things; special damages covering alternate living arrangements during repairs; interest at legal rates; attorney fees; court costs; plus any additional relief deemed just by law.
Representing A. Morgan Jones and Jan L. Brown Jones is John W. Tower from Law Offices Of John W Tower while Michael R Audley from Audley & Audley represents Fire Insurance Exchange.
Judge presiding over this case is yet unknown but it’s filed under Case ID CGC-24-617626 in Superior Court Of California County Of San Francisco.