d.e. 1 complaint for declaratory relief, breach of contract, and breach of implied covenant of good...

8/2/2019 D.E. 1 COMPLAINT for Declaratory Relief, Breach of Contract, And Breach of Implied Covenant of Good Faith and Fa

1/18

123456789

1011121314151617181920212223242526

: ~ : 27""", 1 28II,

f'"I ' ~

, 1 PILLSBURY WINTHROP SHAW PITTMAN. LLPREYNOLD L. SIEMENS #177956re nold.siemens illsbur law.comMARIAH BRA DT #224076mariah. [email protected] South Figueroa Street, Suite 2800Los Angeles, CA 90017-5406Telephone: (213) 488-7100Facsimile No.: (213) 629-1033Attomeys for Plaintiffs RIDDELL, INC., ALLAMERICAN SPORTS CORPORATION,

FILEDPt:RIOR couII'r !lJ'CALIJORNIA, C O U N T V O ~ L O S A N G E U S APR 122012

Johnl ' l Y I - - ' : : ' ~ ~ ~ ~ ~ . Deputy

RIDDELL SPORTS GROUP, INC., EASTON-BELLSPORTS, INC., EASTON-BELL SPORTS, LLC,EB SPORTS CORP. and RBG HOLDINGS CORP.

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

RIDDELL, INC., ALL AMERICANSPORTS CORPORATION, RIDDELLSPORTS GROUP, INC., EASTON-BELLSPORTS, INC., EASTON-BELL SPORTS,LLC, EB SPORTS CORP., and RBGHOLDINGS CORP.,

Plaintiffs,vs.

)))))))))))ACE AMERICAN INSURANCE )COMPANY, AMERICAN HOME )ASSURANCE CO., ARROWOOD )INDEMNITY COMPANY, ASSOCIATED )INTERNATIONAL INSURANCE )COMPANY, CENTURY INDEMNITY )COMPANY, COLUMBIA CASUALTY )COMPANY, THE EMPLOYERS' FIRE )INSURANCE COMPANY, ILLINOIS )NATIONAL INSURANCE CO., )INSURANCE COMPANY OF NORTH )AMERICA, LUMBERMENS MUTUAL )CASUALTY COMPANY, STEADFAST )INSURANCE COMPANY, TRANSPORT )INDEMNITY COMPANY, and DOES 1-50, )

Defendants. ))- - - - - - - - - - - - - - - - - - - - - - - - - )

403425655v2

BC482698Case No. ____________UNLIMITED JURISDICTIONCOMPLAINT FORDECLARATORY RELIEF, BREACHOF CONTRACT, AND BREACH OFTHE IMPLIED COVENANT OFGOOD FAITH AND FAIR DEALINGJURY TRIAL DEMANDED

COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THEIMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


2/18

123456789

1011121314151617181920212223242526

:re 27"."'f' 28,.,f)

Plaintiffs RIDDELL, INC., ALL AMERICAN SPORTS CORPORATION,

RIDDELL SPORTS GROUP, INC., EASTON-BELL SPORTS, INC., EASTONBELL SPORTS, LLC, EB SPORTS CORP., and RBG HOLDINGS CORP.(collectively, "Plaintiffs") allege as follows:

NATURE OF THE ACTION1. This is a civil action for declaratory relief, breach of contract, and for

breach of the implied covenant of good faith and fair dealing arising from the failureof certain of the defendant insurers ("Insurers") to satisfy their contractualobligations to defend and indemnify Plaintiffs against lawsuits filed by present andfonner professional football players alleging long-term neurological injuries causedin part by football helmets allegedly designed, developed, assembled, and sold byPlaintiffs (the "Underlying Actions").

THE PARTIES2. Easton-Bell Sports, LLC is a Delaware corporation with its principal

place of business in Van Nuys, California.3. EB Sports Corp. is a Delaware corporation with its principal place ofbusiness in Van Nuys, California, and is wholly owned by Easton-Bell Sports, LLC.4. RBG Holdings Corp. is a Delaware corporation with its principal place

of business in Van Nuys, California, and is wholly owned by EB Sports Corp.5. Easton-Bell Sports, Inc. is a Delaware corporation with its principal

place of business in Van Nuys, California, and is wholly owned by RBG HoldingsCorp.

6. Riddell Sports Group, Inc. is a Delaware corporation with its principalplace of business in Texas, and is wholly owned by Easton-Bell Sports, Inc.

7. Riddell, Inc. is an Illinois corporation with its principal place ofbusiness in Chicago, Illinois, and is wholly owned by Riddell Sports Group, Inc.

403425655v2 - 1 -COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE

IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


3/18

23456789

1011121314151617181920212223242526

.. 27"I"~ I : I 28"",f"

8. All American Sports Corporation is a Delaware corporation with its

principal place of business in Ohio, and is wholly owned by Riddell Sports Group,Inc.

9. ACE American Insurance Company ("ACE"), successor to INAInsurance Company of Illinois ("INA of Illinois"), is a Pennsylvania corporationwith its principal place of business in Philadelphia, Pennsylvania, and is currentlyauthorized to and is currently doing business in the state of California.

10. American Home Assurance Co. ("American Home") is a New Yorkcorporation with its principal place of business in New York, New York, and isauthorized to and is currently doing business in the state ofCalifornia.

I I. Arrowood Indemnity Company ("Arrowood"), formerly known asRoyal Indemnity Company ("Royal Indemnity"), successor in interest to GlobeIndemnity Company ("Globe"), is a Delaware corporation with its principal place ofbusiness in Charlotte, North Carolina, and is authorized to and is currently doingbusiness in the state of California.

12. Associated International Insurance Company ("Associated") is aCalifornia corporation with its principal place of business in Deerfield, Illinois, andis authorized to and is currently doing business in the state ofCalifornia. \

13. Century Indemnity Company ("Century"), successor to InsuranceCompany ofNorth American ("INA"), is a Pennsylvania corporation with itsprincipal place of business in Los Angeles, California, and is authorized to and iscurrently doing business in the state ofCalifornia.

14. Columbia Casualty Company ("Columbia") is an Illinois corporationwith its principal place of business in Chicago, Illinois, and is currently doingbusiness in the state ofCalifornia.

IS. The Employers' Fire Insurance Company ("Employers' Fire") is aMassachusetts corporation with its principal place of business in Canton,40)425655v2 - 2 -

COMPLAINT FOR DECLARATORY RELIEF. BREACH OF CONTRACT, AND BREACH OF THEIMPLIED COVENANT Of GOOD FAITH AND FAIR DEALING


4/18

234567891011121314151617181920212223242526

~ C I ,I, 27'II,'0I " ~ 28\I"

'"

Massachusetts, and is authorized to and is currently doing business in the state ofCalifornia.

16. Illinois National Insurance Co. ("Illinois National") is an Illinoiscorporation with its principal place of business in Chicago, Illinois, and is currentlydoing business in the state ofCalifornia.

17. Insurance Company ofNorth America ("INA") is a Pennsylvaniacorporation with its principal place of business in Philadelphia, Pennsylvania.

18. Lumbermens Mutual Casualty Company ("Lumbermens") is anIllinois corporation with its principal place of business in Lake Zurich, Illinois, andis authorized to and is currently doing business in the state of California.

19. Steadfast Insurance Company ("Steadfast") is a Delaware corporationwith its principal place of business in Schaumburg, Illinois, and is authorized to andis currently doing business in the state ofCalifornia.

20. Transport Insurance Company ("Transport"), fonnerly known asTransport Indemnity Company ("Transport Indemnity"), is an Ohio corporation withits principal place of business in Boston, Massachusetts, and is authorized to and iscurrently doing business in the state of California.

21. The true names and capacities of the defendants sued herein as Does I-SO, inclusive, are unknown to Plaintiffs, which therefore sued said defendants bysuch fictitious names. Plaintiffs will amend this Complaint to allege their truenames and capacities when ascertained. Plaintiffs are informed and believe andthereon allege that each of said fictitiously named defendants is in some mannerresponsible, in whole or in part, for the matters alleged herein.

THE UNDERLYING ACTIONS22. At present, the Underlying Actions consist of seven lawsuits filed

against Plaintiffs. Each lawsuit alleges that head injuries experienced byprofessional football players while playing in the National Football League ("NFL")403425655v2 - 3 -



5/18

123456789

101112131415161718192021222324252627

" ~ I f'"11.1 28'".",'

were caused in part by Plaintiffs' alleged negligence, and/or alleged defects relatingto helmets made by Plaintiffs. The seven Underlying Actions against Riddell aresummarized below:

23, On or about July 19,2011, a lawsuit entitled Maxwell, etal. v.National Football League, et at. was filed in the United States District Court for theCentral District of Califol11ia, Case No.2: II-cv-08394 ("Maxwell"). Maxwell hasbeen transferred and consolidated with the other actions in the NFL Players'Concussion Injury Litigation MDL No, 2323 in the United States District Court forthe Eastel11 District of Pennsylvania ("MDL'').

24. On or about July 19, 20 II, a lawsuit entitled Pear, et at. v. NationalFootball League, et al. was filed in the United States District Court for the CentralDistrict ofCalifol11ia, Case No.2: II-cv-08395 ("Pear"). Pear has been transferredand consolidated in the MDL.

25. On or about August 26, 20 II, a lawsuit entitled Barnes, et at. v.National Football League, et al. was filed in the United States District Court for theCentral District of Califol11ia, Case No.2: II-cv-08396 ("Barnes"). Barnes has beentransferred and consolidated in the MDL.

26. On or about October 13,2011, a lawsuit entitled Hardman, et al. v.National Football, et al. was filed in the Superior Court of the State ofCalifol11iaCounty of Los Angeles, Case No. BC471229 ("Hardman"). Hardman wasdismissed without prejudice on December 7, 20 II .

27. On or about January 19,2012, a lawsuit entitled Joel Steed v. NationalFootball League, et al. was filed in the United States District Court for the CentralDistrict of Califol11ia, Case No.2: 12-cv-00524 ("Steed"). Steed has been transferredand consolidated in the MDL.

403425655v2 - 4 -COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THEIMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


6/18

28. On or about January 23, 2012, a lawsuit entitled Steve Wallace, et al.

2 v. National Football League, et al. was filed in the United States District Court for3 the Eastern District of Pennsylvania, Case No.2: 12-cv-00336 (" Wallace"),4 29. On or about February 17,2012, a lawsuit entitled Tyrone Hughes, et5 al. v. National Football League, et al. was filed in the United States District Court6 for the Eastern District ofLouisiana, Case No.2: 12-cv-00459 ("Hughes"). Hughes7 has been transferred and consolidated in the MDL.8 30. Plaintiffs have incurred and/or continue to incur losses in defending9 themselves against the foregoing Underlying Actions.10 31. Plaintiffs gave prompt notice to the Insurers of the Underlying11 Actions.12 PLAINTIFFS' INSURANCE COVERAGE13 32. Plaintiffs had in full force and effect primary policies that provide14 commercial general liability and products liability coverage (the "Primary Policies")15 and/or excess policies that provide commercial general liability and products16 liability coverage (the "Excess Policies," collectively, the "Policies") issued by each17 of the Insurers.18 33. The Primary Policies include the following policies issued by certain19 Insurers and/or their predecessors:20 Insurer Policy No. Policy Period21 Lumbennens Unknown 12/31/1959 12/31/196022 LUlllberlllens OYL-211500 12/31/1960 12/31/1961

LUlllbennens I YL-211500 12/31/1961 12/31/196223 Arrowood flk/a Royal GLG-473526 12/31/1964 3/31/196524 Indemnity, successor ininterest to Globe25 Arrowood flk/a Royal GYB 145617 3/31/1965 3/31/1968Indemnity, successor in26 interest to Globe

:! 27'\I"

INA AGP 102151,10-68-25 3/30/1971 10/31/1971INA AGP 12-36-88 59 10/31/1971 11/5/1975

,Il 28'\I"I I ~ 40)425655v2 - 5 -COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE

IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


7/18

Columbia CCPI866338 11/5/1975 11/5/1976

2 Employers' Fire F22-40040-21 3/31/1968 3/31/1971Associated XS 100160 3/15/1977 4/22/19773 Associated AEL 050330 4/22/1977 4/22/1978

Associated XS 100160 4/22/1977 8/10/19774 Associated XS 100160 8/10/1977 4/22/19785 Associated XS 100160 8/10/1977 4/22/1978Associated AEL 050330 4/22/1978 4/22119796 Associated XS 100160 4/22/1978 4/22119797 Associated XS 100160 4/22/1978 4/22/1979Associated AUL 301286 4/22/1979 4/22/19808 Associated AUL 301456 4/2211980 4/22/19819 Associated GL 101494 4/2211982 8119/1982Associated PR 102355 8/1911982 4/22/198310 Associated PR 103062 4/22/1983 4/22/198411 Associated PR 106742 4/22/1984 4/22/1985Associated XS 106787 4/22/1984 4/22/19851213 34. The Excess Policies include the following policies issued by certain14 Insurers and/or their predecessors:15 Insurer Policy No. Policy Period16 Arrowood f/kJa Royal GLA-100207 3/31/1965 3/31/196817 Indemnity, successor ininterest to Globe18 American Home 35-15-48 3/31/1968 - 12/22/1969American Home 35-15-48 12/23/1969 - 3/311197119 American Home CE 35-15-48 3/31/1971 - 10/31/197120 American Home BE 267-71-55 10/31/1971 - 10/31/1974Columbia RDX4169594 42 4/22/1979 4/221198021 Transport TUL 675407 4/22/1982 8/19/198222 Transport TUL 675426 8/19/1982 4/22/1983Transport TUL 675434 4/22/1983 4/22/198423 Transport TUL 675458 4/22/1984 4/22/198524 lllinois National BE 357-02-65 1/31/1998 113112009Steadfast sca 9672420-00 8/1/2008 1131120 I 025 Steadfast sca 9672420-01 1/31/2010 7/31/201126

II,I, 27 35. The losses incurred by Plaintiffs in connection with the Underlying"1,,,11:1 28\,.I"

Actions fall or potentially fall within the scope of coverage of these Policies.403425655v2 - 6 -



8/18

I ~ ' ,I.'II,I"I"'I"f'"~ I ; '

Accordingly, pursuant to the ten11S of the Policies and under the law, Insurers have

2 the duty to defend and/or indemnify Plaintiffs for losses incurred in connection with3 the Underlying Actions, subject to each policy's terms, indemnity limit, deductible,4 or attachment point.5 36. To date, Arrowood, Employers' Fire, and ACE/Century/INA have6 agreed to defend Riddell against the Underlying Actions, and Steadfast has agreed to7 defend upon exhaustion of its self-insured retention, subject to a reservation of8 rights. Other Insurers that have a duty to defend have refused to honor their defense9 obligations. The Insurers have not agreed to indemnify plaintiffs against the

10 Underlying Actions.II 37. As to the Policies, Plaintiffs have paid the required premiums in full12 and have satisfied all other conditions to coverage, or are otherwise excused from13 doing so. All actions taken by Plaintiffs with respect to the above loss have been14 reasonable, and no action has prejudiced the ability of the Insurers to fulfill their15 contractual obligations.16 FIRST CAUSE OF ACTION17 (For Declaratory Relief as to Duty to Defend)18 (Against Lumbermens, American Home, and Columbia)19 38. Plaintiffs repeat and incorporate by reference the allegations of20 paragraphs I through 37above.2122232425262728

39. Pursuant to the tenns of certain of the Lumbermens, American Homeand Columbia Policies, these Insurers are obligated to defend Plaintiffs against theUnderlying Actions.

40. These Insurers have failed to defend Plaintiffs against the UnderlyingActions.

4 I. An actual controversy of a justiciable nature presently exists betweenPlaintiffs and these Insurers concerning the proper construction of the Policies and403425655v2 - 7 -



9/18

\,.t l ~ "",,'t"

the rights and obligations of the parties. The controversy is of sufficient immediacy

2 to justify the issuance of a declaratory judgment.3 WHEREFORE, Plaintiffs pray for relief as set forth below.4 SECOND CAUSE OF ACTION5 (For Declaratory Relief as to Duty to Indemnify)6 (Against All Defendants)7 42. Plaintiffs repeat and incorporate by reference the allegations of8 paragraphs I through 41 above.9 43. Pursuant to the tenns of the Policies, the Insurers are obligated to10 indemnify the Plaintiffs covered by their Policies for the entire amount of losses11 incurred in connection with the Underlying Actions, subject to the Policies' limits,12 deductibles, or attachment points.13 44. None of the Insurers have agreed to indemnify or provide a defense for14 any of the Underlying Actions.1516171819202122232425262728

45. An actual controversy of a justiciable nature presently exists betweenPlaintiffs and Insurers concerning the proper construction of the Policies and therights and obligations of the parties with respect to losses incurred by Plaintiffs inconnection with the Underlying Actions. The controversy is of sufficient immediacyto justify the issuance of a declaratory judgment.

46. WHEREFORE, Plaintiffs pray for relief as set forth below.THIRD CAUSE OF ACTION

(For Breach of Contract)(Against Lumbermens, American Home, and Columbia)

47. Plainti ffs repeat and incorporate by reference the allegations ofparagraphs I through 46 above.

48. Pursuant to the terms of certain of the Lumbennens, American Homeand Columbia Policies, these Insurers are obligated to defend Plaintiffs against the403425655v2 - 8 -



10/18

",."",."I " ~

Underlying Actions.

2 49. These Insurers have failed to defend Plaintiffs against the Underlying3 Actions.4 50. Lumbennens, American Home and Columbia have breached the terms5 of their Policies by refusing to perform their duty to defend Plaintiffs against the6 Underlying Actions.7 51. As a direct result of these Insurers' breach of their Policies, Plaintiffs8 have been deprived of the benefits of insurance coverage, for which it paid9 substantial premiums, with respect to losses incurred by Plaintiffs in connection with

10 the Underlying Actions.11

1213141516171819202122232425262728

52. WHEREFORE, Plaintiffs pray for relief as set forth below.FOURTH CAUSE OF ACTION

(For Breach of the Implied Covenant of Good Faith and Fair Dealing)(Against American Home and Lumbermens)

53. Plaintiffs repeat and incorporate by reference the allegations ofparagraphs I through 52 above.

54. Implied in each of the Insurers' Policies is a covenant that they will actin good faith and deal fairly with their insureds; that they will do nothing to interferewith their insured's rights to receive the benefits of the Policies; that they will notplace their own interests before those of their insureds; that they will exercisediligence, good faith, and fidelity in safeguarding the interests of their insureds; thatthey will deal ethically with their insureds and will fairly and adequately infonnthem of the nature and scope of their insurance coverage (hereinafter referred to as"the implied covenant of good faith and fair dealing").

55. American Home and Lumbennens have each breached the impliedcovenant of good faith and fair dealing by, inter alia:

a. Refusing fully to defend and/or indemnify Riddell for covered403425655\'2 - 9 -



11/18

23456789

10I I

121314151617181920212223242526

I ~ ' .' 27",,"'" 28'"I"t l ~

liabilities, as defined in their Policies, without regard to relevantinsurance policy language, relevant law, and the specific factsof the claim;

b, Interpreting the terms and conditions of their Policies in anunreasonable manner, which is wholly inconsistent withapplicable law, solely in an effort to avoid providing Riddellwith coverage to which it is entitled under the Policies;

c, Refusing to acknowledge coverage, or withdraw or alter theirdenials of coverage, notwithstanding their inability to identifysupporting legal or factual authority for their coverage defenses,and decisions of other Courts rejecting their legal and/or factualcontentions;

d, Inventing spurious grounds for avoidance of coverage withoutregard to the pertinent policy language, facts, or law;

e. Failing to provide promptly a reasonable explanation of thebasis relied on, in relation to the facts or applicable law, for thedenial of coverage;

f. Not attempting in good faith to negotiate a prompt, fair, andreasonable settlement within policy limits of Riddell's claims;

g, Failing to provide Riddell with copies of documents evidencingthe terms of coverage when requested;

h. Forcing Riddell to file this litigation in order to obtain the rightsand benefits to which it is entitled under their Policies,

56, Plaintiffs are infonned and believe and thereon alleges, that AmericanHome and Lumbermens are in breach of the implied covenant of good faith and fairdealing, did the things and committed the wrongful acts alleged above, among otherthings, for the purpose of willfully and consciously withholding from Plaintiffs the403425655v2 - 10-



12/18

, ~ ,

'""",I 'tl,'

rights and benefits to which they are entitled under their Policies and in complete

2 disregard of said rights; in so doing, American Home and Lumbermens have placed3 their own interests above those of Plaintiffs for the purpose of retaining and using4 money that should have been spent on the defense ofRiddelL5 57. Pursuant to Brandt v. Superior Court, 37 CaL 3d 813 (1983), Plaintiffs6 are entitled to recover all attorneys' fees and expenses that they reasonably have7 incurred and will incur, in their efforts to obtain the benefits of insurance that have8 been, and continue to be, wrongfully and in bad faith withheld by American Home9 and Lumbennens.

10111213141516171819202122232425262728

58. The wrongful conduct alleged herein was done with consciousdisregard of Plaintiffs' rights and with the intent to vex, injure or annoy Plaintiffs,such as to constitute oppression, fraud or malice under California Civil Code Section3294, thereby entitling Plaintiffs to punitive damages in an amount appropriate topunish or set an example of Lumbermens and American Home.

WHEREFORE, Plaintiffs pray for relief as set forth below:PRAYER FOR RELIEF

Plaintiffs request that the Court enter judgment as follows:59. On the First Cause of Action, for a declaration that the Lumbemens,

American Home and Columbia policies impose on those Insurers a duty to defendRiddell against the Underlying Actions, as more fully described above;

60. On the Second Cause of Action, for a declaration that the Insurers havea duty to indemnify the Plaintiffs insured under their Policies against the UnderlyingActions.

61. On the Third and Fourth Causes ofAction:a. Compensatory and general damages according to proof;b. Special and incidental damages according to proof;c. Prejudgment interest at the maximum legal rate;

403425655v2 - 11 -COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THEIMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


13/18

234567891011121314151617181920212223242526

II. 27'11 ,,, 28'",'","

62, For costs of suit; and63, For such other and further relief as the Court deems appropriate,Dated: April 12,2012.

403425655v2

PILLSBURY WINTHROP SHAW PITTMAN LLPREYNOLD L SIEMENS725 South Figueroa Street, Suite 2800Los Angeles, CA 90017-5406

By (


14/18

REYNOLD L. SIEMENS # I 77956IMARIAH BRANDT #224076725 S. Figueroa Street, Suite 2800, Los Angeles, CA 90017-5406TELEPHONE NO.: 7100 FAX NO.: 629-1033All American S

COURT OF CALIFORNIA, COUNTY OF LOS ANGELESSTREET ADDRESS II I N, Hill StreetMAILING ADDRESS:

CITY AND ZIP CODE: t \ " l ~ e I C " , CA 90012CourthouseINC. et al. v. ACE AMERICAN

. et al.

ct al.CIVIL CASE COVER SHEET[2] Unlimited D Limited(Amount (Amount

Complex Case DesignationD Counter D Joinderdemanded demanded isexceeds $25,000 or Filed with first appearance by defendantI Rules of Court, rule

JUDGE:DEPT:

Items 1-6 below must be completed (see instructions on page 2)1. Check one box below for the case type that best describes this case:

Auto TortD Auto(22)D Uninsured motorist (46)Other Pt/PD/WD (Personallnjury/PropertyDamagefWrongful Death) Torto Asbestos (04)o Product liability (24)DD Medical malpractice (45)Other PtlPD/WD (23)N o n ~ P I I P D I W D (Other) Torto Business tort/unfair business practice (07)D Civil rights (08)D Defamation (13)D Fraud (16)o Intellectual property (19)

ContractD Breach of contracUwarranty (06)D Rule 3.740 collections (09)D Other collections (09)D Insurance coverage (18)D Other contract (37)Real PropertyD Eminent domain/Inversecondemnation (14)D Wrongful eviction (33)D Other real property (26)Unlawful DetainerD Commercial (31)D Residential (32)D Drugs (38)D Professional negligence (25) Judicial ReviewD Other non-PI/PDIWD tort (35) D Asset forfeiture (OS)Employment D Petition re: arbitration award (11)D Wrongful termination (36) D Writ of mandate (02)D Other employment (15) D Other judicial review (39)

Provisionally Complex Civil Litigation(Cal. Rules of Court, rules 3.400-3.403)DDDAntitrustfTrade regulation (03)Construction defect (10)Mass tort (40)o Securities litigation (28)o EnvironmentalfToxic tort (30)[LJ Insurance coverage claims arising from theabove listed provisionally complex casetypes (41)

Enforcement of JudgmentD Enforcement of udgment (20)Miscellaneous Civil ComplaintD RICO(27)o Other complaint (not specified above) (42)Miscellaneous Civil PetitionD Partnership and corporate governance (21)D Other petition (not specified above) (43)

This case LLJ is LJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:a. CZJ Large number of separately represented parties d. 0 Large number of witnessesb. [ZJ Extensive motion practice raiSing difficult or novel

issues that will be t i m e ~ c o n s u m i n g to resolvec. D Substantial amount of documentary evidence

e. [{] Coordination with related actions pending in one or more courtsin other counties, states, or countries, or in a federal court

f. D Substantial post udgment judicial supervision3. Remedies sought (check al l that apply): a .W monetary b. W nonmonetary; declaratory or injunctive relief c. [Z] punitive4. Number of causes of action (specify): Four (4)5. This case 0 is [ZJ is not a class action suit.6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-01S.)Date: April 12, 2012 1) /Reynold L. Siemens i


15/18

HORT TITLE: CASE NUMBERRIDDELL, INC. vs. ACE AMERICAN INSURANCE COMPANY, et al.

CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:JURY TRIAL? IRl YES CLASS ACTION? D Y E S LIMITED CASE? DYES TIME ESTIMATED FOR TRIAL 15 0 HOURS/[;J DAYS

Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcase in the left margin below, and, to the right in Column A. the Civil Case Cover Sheet case type you selected.Step 2: Check Q!!.!'. Superior Court type of action in Column B below which best describes the nature of this case.Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you havechecked. For any exception to the court location, see Local Rule 2.0.

Applicable Reasons fo r Choosing Courthouse Location (see Column C below)1. Class actions musl be filed in the Stanley Mask Courthouse, central district.2. May be filed in central (other county, or no bodily injury/properl y damage). 6. Location of property or permanenlly garaged vehicle.7. Location where pelltioner resides.3. Location where cause of action arose. 8. Location wherein defendanUrespondent functions wholly.4. Location where bodily injury, death or damage occurred.5. Location where performance required or defendant resides. 9. Location where one or more of the parties reside.10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.

21::" 0


16/18

HORT TITLE,RIDDELL, INC., et al. vs. ACE AMERICAN INSURANCE, et al. I ASE NUMBER

ACivil Case Cover SheetCategory No.

Business Tort (07)>--e-e 0"'>- Civil Rights (08)D." ,eta0.. ' "-0~ Defamation (13)" "--!; C>0: Fraud (16)C; e5;:-0Q.E Other Employment (15)w

Breach of ContracV Warranty(06)(not insurance)

-g0: Collections (09)0(J

Insurance Coverage (18)

Other Contract (37)

Eminent DomainllnverseCondemnation (14)>--e'"

Wrongful Eviction (33)D.00.."iii'"'"

Other Real Property (26)

Unlawful Detainer-Commercial(31)'":'iii Unlawful Detainer-Residential0; (32)-;;' i Unlawful Detainer-'"

Post-Foreclosure (34)":>!P. Unlawful Detainer-Drugs (38)'1\.,

.,t:ACIV 109 (Rev. 03/11)."ASC Approved 03-04

B CType of Action Applicable Reasons -',,- (Check only one) See Step 3 Above

0 A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3.0 A6005 Civil Rights/Discrimination 1 . 2 . 3.0 A6010 Defamation (slander/libel) 1.,2.,3.0 A6013 Fraud (no contract) 1.,2" 3.O A6017 Legal Malpractice 1 . 2., 3.0 A6050 Other Professional Malpractice (not medical or legal) 1.,2 . 3.0 A6025 Other Non-Personallnju ry/Property Damage tort 2 . 3.0 A6037 Wrongful Termination 1 . 2 . 3.0 A6024 Other Employment Complaint Case 1 . 2., 3.0 A6109 Labor Commissioner Appeals 10.0 A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful 2 . 5.eviction)0 A6008 ContracVWarranty Breach -Seller Plaintiff (no fraud/negligence) 2 . 5.0 A6019 Negligent Breach of ContracVWarranty (no fraud) 1 . 2" 5.0 A6028 Other Breach of ConlracVWarranty (not fraud or negligence) 1 . 2 . 5.

0 A6002 Collections Case-Seller Plaintiff 2 . 5 . 6.0 A6012 Other Promissory Note/Collections Case 2,5.0 A6015 Insurance Coverage (not complex) 1.,2.,5 . 8.0 A6009 Contractual Fraud 1 . 2., 3 . 5.0 A6031 Tortious Interference 1 . 2., 3., 5.0 A6027 Other Contract Dispule(not breach/insurance/fraud/negligence) 1.,2.,3.,8.0 A7300 Eminent Domain/Condemnation Number of parcels___ 2.0 A6023 Wrongful Eviction Case 2.,6.0 A6018 Mortgage Foreclosure 2.,6.0 A6032 Quiet Title 2.,6.0 A6060 Other Real Property (not eminent domain, landlordltenant, foreclosure) 2.,6.0 A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2 . 6.

0 A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2 . 6.

0 A6020F Unlawful Detainer-Past-Foreclosure 2 . 6.0 A6022 Unlawful Detainer-Drugs 2.,6.

CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0Page 2 of 4ND STATEMENT OF LOCATION ,-----__=>@lnl'rican Le\:ul/';e!, IIIC,"W W F'nml,WorkFluw.mm


17/18

ISHORT TITLERIDDELL, INC., et al. VS. ACE AMERICAN INSURANCE, et al. I ASE NUMBER'A

Civil Case Cover SheetCategory No.Asset Forteiture (05)

Petition re Arbitration (11)

Writ of Mandate (02)

Other Judicial Review (39)

000000

B:. .

d.e. 1 complaint for declaratory relief, breach of contract, and breach of implied covenant of good...

Documents