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Plaintiffs Allege Construction Company Negligence Led to Burglary

NORTHERN CALIFORNIA RECORD

Saturday, December 21, 2024

Plaintiffs Allege Construction Company Negligence Led to Burglary

State Court
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Superior Court of California - County of San Francisco | Official website

A shocking burglary has led to a lawsuit that raises serious questions about the responsibility of construction companies in crime-prone areas. Plaintiffs Yang Wook Lee and Woo Won Lee have filed a complaint against Nibbi Bros. Associates, Inc., its president Robert L. Nibbi, and supervisor Matt Norton in the Superior Court of California, County of San Francisco on November 25, 2024. The Lees allege negligence and conspiracy leading to a theft at their residence.

The case centers around an incident on January 16, 2024, when the Lees' home was burglarized resulting in the loss of over $70,000 worth of personal property and $35,000 in cash. The plaintiffs argue that employees of Nibbi Bros., who were working at a nearby construction site at Hunters Point—a neighborhood notorious for high property crimes—failed to secure their equipment and premises properly. According to the complaint, "Employees of defendant Nibbi intentionally, recklessly, and/or negligently left its Hunters Point construction site and its tools unlocked," facilitating access for burglars who allegedly used these tools to break into the Lees' home.

The plaintiffs further claim that due to the proximity of the construction site to their residence, Nibbi employees had an unobstructed view into their home and could observe their daily routines. This knowledge allegedly enabled either direct involvement or conspiracy with others to commit the burglary during a time when they knew the Lees would be absent from their home.

The legal filing includes multiple claims for relief: premises liability under Cal. Civ. Code § 1714, negligence, trespass, conspiracy, and intentional infliction of emotional distress. Each claim is backed by allegations that defendants failed in their duty to secure the construction site adequately or acted with malicious intent by allowing or conspiring with individuals who burglarized the Lees' residence.

The plaintiffs are seeking compensatory damages for economic losses such as medical expenses and lost wages due to emotional distress caused by the incident. They also demand punitive damages on grounds that defendants acted with malice or oppression. Additionally, they seek declaratory and injunctive relief against all named defendants to prevent future occurrences.

Representing Yang Wook Lee and Woo Won Lee is attorney Andrew Chan Kim from Kim Law Office based in Belmont, California. The case has been assigned Case ID CGC-24-620105 but does not list specific judges overseeing it yet.

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