Clear Blue Insurance Company has filed a lawsuit against two California residents, alleging negligence that led to significant property damage. The complaint was filed on November 4, 2024, in the Superior Court of California, County of San Francisco, against Blaize Wallace and Mohamad Choukeir.
The case revolves around an incident that occurred on August 28, 2022, when water damage allegedly originated from a unit occupied by Wallace and Choukeir at 3232 Gough Street in San Francisco. Clear Blue Insurance Company claims that the defendants negligently used a portable washing machine without permission from Vito Properties, LLC, the insured party under their policy. This unauthorized use purportedly resulted in water leakage and subsequent damage to the property. The insurance company had compensated Vito Properties for the damages as per their policy terms and is now seeking reimbursement from the defendants.
According to the complaint, portable washing machines are not permitted in the units without written consent due to their high risk of misuse and potential for causing flooding or fire hazards. The plaintiff alleges that such consent was never granted to Wallace or Choukeir. Additionally, Clear Blue Insurance asserts that both defendants breached their duty of care by failing to exercise reasonable caution while using the unpermitted appliance.
The insurance company is pursuing several forms of relief through this legal action. They seek monetary damages amounting to $53,861.13 as compensation for the costs incurred due to the water damage. Furthermore, they request attorney's fees and costs as allowed by law and contract terms. The plaintiff also seeks prejudgment and post-judgment interest as legally permissible.
Representing Clear Blue Insurance Company is Jason J. Fratts from Fratts Law, P.C., based in Newport Beach, California. The case is identified under Case No. CGC-24-619482 with no trial date set yet.