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Plaintiff (Insurance Company) blames Defendant (Property Owner) for Negligence Leading to Fire Damage

NORTHERN CALIFORNIA RECORD

Saturday, May 17, 2025

Plaintiff (Insurance Company) blames Defendant (Property Owner) for Negligence Leading to Fire Damage

State Court
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Santa Clara County Court House | Official Website

CSAA Insurance Exchange has filed a compelling lawsuit, claiming negligence and seeking damages exceeding $800,000. The complaint was lodged on May 7, 2025, in the Superior Court of California, County of Santa Clara against Arlene Cimino, Pinnacle Pool Care Inc., and Juan Sepulveda individually and doing business as Sepulveda Gardening.

The case centers around a devastating fire that occurred on May 28, 2022. CSAA Insurance Exchange alleges that the fire originated from Arlene Cimino's property due to improperly maintained Italian Cypress Trees and pool equipment laden with combustible debris. This fire quickly spread to the insured property owned by Harri Pesola at 1555 Callecita St., San Jose, causing substantial damage. CSAA had insured this residence under a Homeowner’s Insurance Policy and has since paid over $800,000 in claims related to the fire damage.

CSAA accuses Cimino of failing to maintain her property adequately, which they claim directly led to the fire spreading. The lawsuit also targets Pinnacle Pool Care Inc., which provided pool services at Cimino's property, and Juan Sepulveda's gardening service for their alleged roles in neglecting proper maintenance practices. The complaint asserts that these failures constitute negligence and nuisance under California law. Additionally, it cites a violation of Health & Safety Code § 13008, which holds individuals liable if they allow a fire on their property to escape without exercising due diligence.

In their prayer for relief, CSAA seeks reimbursement for the payments made under the insurance policy as well as compensation for the insured’s out-of-pocket deductible. They are also requesting interest according to law and costs associated with the suit. CSAA argues that justice necessitates shifting the financial burden entirely onto the defendants whose actions or omissions led to this catastrophic event.

Representing CSAA Insurance Exchange is attorney Robert E. Wall from The Law Office of Robert E. Wall. The case is being reviewed by Judge Y. Chavez under Case ID 25CV465344.

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