Superior Court of California

County of Orange
Case Number: 30-2010-0037S208-CU-BC-C]C

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1 LAW OFFICES OF HAUSMAN & SO SA, LLP
Carlos E. Sosa, Esq., Bar No. 94387
FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
CENTRAL JUSTICE CENTER
2 Larry D. Stratton, Esq., Bar'No. 116955
18757 Burbank Boulevard, Suite 305
Tarzana, California 91356-6329
Telephone: (818) 654-9000
MAY 25 2010
ALAN Court
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Facsimile: (818) 654-9050
Attorneys for: Plaintiff, TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, as successor

in interest to SEABOARD SURETY COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE COUNTY, CENTRAL JUSTICaO=201RO
TRAVELERS CASUALTY AND SURETY )
COMPANY OF AMERICA, as successor in )
interest to SEABOARD SURETY )
COMPANY, )
Plaintiff,
-vs-
ROBERT 1. MACLEAN, an individual; and
DOES 1 through 20, inclusive,
Defendants.
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CASE NO.
00375208
UNLIMITED CIVIL
COMPLAINT FOR:
1. BREACH OF INDEMNITY
2. REIMBURSEMENT
JUDGE DAVlO 1. MCEACHEN
DEPT. C21
Plaintiff, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as
successor in interest to SEABOARD SURETY COMPANY ("TRAVELERS"), alleges:
COMMON ALLEGATIONS
1. IDENTIFICATION OF THE PARTIES
(a) Plaintiff, TRAVELERS, is now and at all times mentioned herein was a
corporation, and at all times mentioned has been and continues to be authorized to transact a general
surety business in the State of California.
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COMPLAINT
T ravelers\Maclean\Pldg\Com plaint
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1 (b) Plaintiff is informed and believes and thereon alleges that defendant,
2 ROBERT J. MACLEAN, is an individual residing in the County of Orange, State of California, and
3 who has executed written contracts of indemnity in favor of plaintiff as will be more fully described
4 hereinafter.
5 2. VENUE
6 ; Venue is proper in the Orange County Superior Court in that plaintiff is informed and
7 believes and thereon alleges that defendant, ROBERT 1. MACLEAN, resides at 20 Waltham Road,
8 Ladera Ranch, California 92694.
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3. AGENCY ALLEGATION
At all times herein mentioned, the defendants and each of them, were the agents,
servants and employees of each of the remaining defendants. and were at all times acting within the
purpose and scope of said agency and employment.
4. DOE ALLEGATION
The true names and capacities, whether individual, corporate, associate, or otherwise
of the defendants 1 through Does 20 inclusive, are unknown to plaintiff at this time and,
plaintiff therefore sues said defendants by such fictitious names. When the true names and
capacities of said defendants are ascertained, plaintiff will amend this Complaint accordingly.
Plaintiff is informed and thereon believes and alleges thereon that each of the said defendants
designated as a Doe is in some manner responsible for the events and happenings herein referred to
and caused injury and damage proximately thereby to the plaintiffs as herein alleged.
5. IDENTIFICATION OF DOCUMENTS
Application and Indemnity Agreement ("INDEMNITY AGREEMENT',). Attached
hereto and labeled Exhibit" I" is an Application and Indemnity Agreement and said Application and
Indemnity Agreement is incorporated by reference as iffully set forth into this Complaint wherever
referenced.
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COMPLAINT
T ravelers\Maclean\Pldg\Complaint
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4 6.
FIRST CAUSE OF ACTION
BREACH OF INDEMNITY AGREEMENT,
DIRECTED AGAINST ALL DEFENDANTS
Paragraphs 1 through 5 ofthe Common Allegations are incorporated by reference as
5 though set forth in full at this point.
6 7.
On or about January 31, 1995, defendants, ROBERT 1. MACLEAN, an individual;
7 and DOES 1 through 20, inclusive (hereinafter referred to collectively as "INDEMNITORS"), made
8 written application to TRAVELERS, as surety for a Bond Upon Qualifying in the matter of The
91: Conservatorship of Maria Luisa Hevia-Suarez, conservatee, Santa Clara Superior Court Case No.
10 PR131386.
11 8. . In consideration for the payment of a premium and in consideration of the execution

12 of the INDEMNITY AGREEMENT by these defendants, TRAVELERS SURETY issued its

13 Conservator Bond No. 293012-95. Said Bond was issued at the express request of defendants,

14 INDEMNITORS. A true and correct copy of the Bond is attached hereto marked as Exhibit "2" and

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tl of <i i. .- 15' Y this reference is incorporated herein.

o to- CIS Eo< 16 9. The penal sum of the Conservator Bond referenced herein above is $4,000,000.00.

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17 The Bond was issued on or about February 7, 1995.
18 10. INDEMNITORS have also failed to pay past due premiums in the amount of
19 $7,220.00. A premium in the amount of $3,610.00 is due on the seventh day of February of each
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2 a year commencing on February 7, 2008. Consequently, TRAVELERS will seek recovery for any
21 additional unpaid premiums according to proof at time of trial.
22 11. TRAVELERS received various claims against its Conservator Bond from SALLY
23 CICERONE, as Successor Conservator of the Conservatorship Estate of Maria Luisa Hevia-Suarez,
24, who alleged that the principal on the above-named Conservator Bond failed to honor their
25 obligations pursuant to California law.
26 12. TRAVELERS made several demands upon defendants, INDEMNITORS, and each
27 of them, to honor their obligations and protect TRAVELERS and hold it harmless from all loss and
28 i' expense.
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COMPLAINT
Travelers\Maclean\Pldg\Complaint
1 l3.
Defendants, INDEMNITORS, have refused and continue to refuse to honor their
2 obligations under the Indemnity Agreement, Exhibit "1," to this Complaint.
3 14.
Following an independent investigation of the claims received, TRAVELERS
4 I proceeded to enter into a good faith settlement by issuing its check number 1657639 dated
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December 16, 2009 in the sum of $250,000.00 payable to SALLY CICERONE, as Successor
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61: Conservatorship of Maria Luisa Hevia-Suarez. A true and correct copy of said settlement check is
7 attached hereto marked as Exhibit "3" and by this reference are incorporated herein.
8 15. Defendants, INDEMNITORS, and each of them, are obligated pursuant to the
9 INDEMNITY AGREEMENT to reimburse TRAVELERS for the losses it has sustained plus
10 interest, at the maximum rate allowed by law, from the date the check was issued.
11 16. TRAVELERS was required and did employ counsel to protect its interests as set forth

-: 12 within this complaint.

o1J 13 17. Defendants, INDEMNITORS, are obligated to TRAVELERS in the sum of

i 14 $250,000.00, attorney's fees and costs in the sum of $13,030.99 incurred in the investigation and
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... j l: 15 i i defense of the claims received prior to commencement of this action, along with attorney's fees
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E Eo< 16 incurred in the prosecution of this action, investigation fees, accounting fees, court costs, interest,

1 7 and past due premiums in the sum of $7,220.00, as wen as any additional premiums that may
18 become due and owing based upon an anniversary date of February 7,2008 according to proof at
19 time of trial.
20 SECOND CAUSE OF ACTION
21 REIMBURSEMENT
22i: DIRECTED AGAINST ALL DEFENDANTS
23 18. Plaintiff refers to paragraphs 1 through 17, inclusive, of the Common Allegations and
24 First Cause of Action and incorporates the same as though set forth in full at this point.
25 19. Pursuant to Civil Code 2847, defendants, INDEMNITORS, and each of them, are
26 obligated to reimburse TRAVELERS for its loss, costs and expenses, including counsel fees,
27,' incurred as a result ofthe execution of the Conservator Bond and the losses sustained as a result of
28 claims received against said bond.
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COMPLAINT
Travelers\Maclean\Pldg\Complaint
1 20.
Defendants, INDEMNITORS, agreed to pay TRAVELERS upon demand, an amount
2 sufficient to discharge any daim made against TRAVELERS on account of claims made against
3 TRAVELERS. Defendants, INDEMNITORS, have failed to pay TRAVELERS as required by the
4 contract of indemnity resulting in an express breach of the INDEMNITY AGREEMENT attached
5 hereto as Exhibits" 1."
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21. California Civil Code Section 2847 states in pertinent part:
"If a surety satisfies the principal obligation,
or any part thereof whether with or without legal
proceedings, the principal is bound to reimburse what
he has disbursed, including necessary costs and
expenses; ... "
22. TRAVELERS is also incurring attorney's fees, costs, and expenses in the prosecution
of this lawsuit and pursuant to the INDEMNITY AGREEMENT and Civil Code Section 2847 is
entitled to recover the full amount ofthese damages against defendants, INDEMNITORS, and each
of them. TRAVELERS will ask leave of Court at time of trial to prove-up the total amount of its
attorney's fees, costs, and expenses incurred in the prosecution of this action for indemnity and
reimbursement.
WHEREFORE, Plaintiff, TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, as successor in interest to SEABOARD SURETY COMPANY, prays for judgment as
follows:
ON ALL CAUSES OF ACTION:
1.
2.
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For damages in the sum of $250,000.00;
For interest at the maximwn rate allowed by law from the date of each payment;
Past due premiums in the amount 0[$7,220.00.; plus all additional premiums which
25 may become due on each successive anniversary date of February 7, 2008;
26 4. For costs, expenses and attorney's fees incurred in investigating the claims against
27 ! i the Conservator Bond prior to commencement of this action;
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COMPLAINT
Travelers\Maclean\Pldg\Complaint


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For Plaintiff's costs, expenses and attorney's fees incurred in prosecuting this action
2 in an amount not less than $50,000; and
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For such other and further relief as the Court deems appropriate.
Dated: May 21,2010

LAW OFFlOES OF HA
By:
successor in
COMPANY
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COMPLAINT
II Travelers\Maclean\Pldg\Complaint
EXHIBIT
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EXHIBIT" 1"
8l!A ... JA SOIUlTYCOMPANY
NewYotlc,New Yorle
ST. PAUL PlRB AND MAlUNBINstlRANCB COMPANY
ST. PAUL GUARDIAN INSURANCBCOMPANY
ST. PAVLMERCURY lNSURANCB COMPANY
St. Paul, MUu\l$Ota
Capital Stock Companiea
LlablJlUea of _lal.; nalu ... of debt and IIft1OlW,"' ________________ _
Ill. erunpl,' " ftyou are acting as' A. .IINISTRATOR or
EXECUTOR
Name 01 decta'G Date of dteedent'a death .... __ _
Ar' Utlme of death Oc<:lIpalim.t lil'M oId .. thL...-____________
J. there I wJlI? a . 'til. Cl No (II Y'" pl'alll! a copy.)
Ooea the wJll mue , tniJt? 0 'ttl Q No
Nlmt the pmOlll who have had pOAtNlon of the .,uta ollha IIIlattt.
How muehllYOllrahareln lh'eall"1, ___________________ _
Lilt billow all pard .. Intensttd u helra at law, deYi8tet, Iegll ... or dlstrlbuillil: (Ull a aeparllte theet of paper IE
nllllded.)
Nama Agll Relatll:'lllhtp to deeeaHd AddltH
. Anyknowndlllpuia amOl'l8 thellelta1 Ifyu. pleaaeexplaln.
o ONO __ __
IV. Pleue the following if you are Acting a9 a CONSBRVATOR or
GUARDIAN
l .. \l\Slb y.;.\)\j),,-$JMtAA As-.
U8t thUlmei and addrli88ti of h.lr. 01 the taOOmpetel\t or minor: (\118 a theat
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V. Please complete the fonowlng if you are adlng as a TRl]STEIl
Title of eM&!!

P4 trUilee, will you be Hling oceoa.ntlngl with tll. court? 0 Y. Q No
VI. Please complete the if you are acting a8 a RBCBlVBR or RBPBRBB
captionofc ...
Nalurtofbuslneatlnvolv.d ... : _____
Sleta if .... Ire to be eClnverted '1'110 cam Cor dlaltlbuUon Q\'\OJ\8 eredltor., or If reorganl2ation of eompany I.
elqlectod.
The tutdmlpld wlmnlll the ansWBtl and InfonMtlon glveXl hmlA to be!J11I, Uui in CONlderation 01 the SURBn'
extcutfm the bond herein appUtd lor ao hereby ape llIloIlowa: To pay 11\ advanca the pleMIum of
$ 9 ere> and tM annual p.t8mlum tharaaEtar IUIIIlIIw SURB'lY if fundahad wIth conclu&1ve
evidence of tn. tlrmlllltton of IlIllabllttyl to lurn!IIh JUch nldenca and cople. of &aeb pilp. toncemlris the,.8Itala
whlclt the stnmTY May In lfa dlacl:eKon dtB!tt; to indeniNy and keep indemnified the SURB'l'Y ULCl holc1.M
ft'Vall hum1eN tOM and _saINt fI\Iery dlIlm" JlabWly, lots. com, dam ... , expenn., and attorney'll
ree, whatever, and any .nd .11 UabJ8ty thwetore 'Whlth the stlRiT'i' thall or lot '''1 ClUae, at any lima,
.u.tllnorJneurlotorbyrtalOl\orlnCOJlMqlWlCtofthtSURJTYluivhlgexecWd.*ldbcmdoranyadditlolll1bonda
.IGSUed. irl't or 01\ be\alt of thlJ fOI' the applicant. TIl, undtrelgnfd further agrel.lb&t if Ih9IU1\O\11lI
01 theprllDliwn lor lha bond here'" appUed ItJr .II nolexpNlled abovlln the.pace therefote, to
W'ldere1aned 10 pay ptemiUIM amlpUltd upon 1haSURBl'Y'I c:umntraill all ofUt. date oIbond. The
UlIdereI3ntd exprlUly WalV", .110 th1a obligatio1\, the banefit 01 or the MntBllteJd provlllon, to
which dw 1Il'IIWIIi&t*l.ll, or may b, entitled to under the law, 01 any State 01 tilt Unlt.d Stat ...
:u day of
EXHIBIT
a
EXHIBIT "2"
Sl JOAltD SURETY COMPANY
lfOME OFfiCI. BBDfrllNST.I!R,NJ,
IN 11tEaUPEAIOR
FOR TH ... E __________ ,COwrN Of" ';aaHti\ CLUA .
INTHI MAT11A OF
'mE eONS!JtVATonSKIP OJ{ MARIA T.U1SA
UlVtA .. SUIUUc-z, CQn/uu:ntoe.
I<Miw AU: Mill 8JTIII .. PlIllltnt:
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.xx.... BolldtipOll QUalUylnQ
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TIlltw.. ,IOStR'!' g. MaCLaAN uPllndpll(1)
IUldIh.SEABOARD$URmCOMPANV 8w.IV .... r.UrSA REVX1\ ..
___________________________ .. Obll; .. (.j
IftlhuulDci lour HUlion and MlJOO ... --..................... _ .. _ ..... _- Ddl ... ($.4,OOQ,OOO.pO
for plYDlwwll1 IN)'to bt w.1l1nd our ..... clIIlltltt.JIQII rapr ..... IIw., 'UCO.teOTtllld IMlallt, JoInItf encIMYV
ally, ft/llllyb)' ..... pN ... 1a.
W1unw,on P'.bruu-y 1, bywllrot\hubovunUhdCOVItlM
Pllncfpal[.) hi. (lIan) , ,
til 1IdIa1io1l" t!oMIII 1hI.\IIIInamtCl.
Now ... .... _'dPdnCipli(.tthdlallhluqrlX-.III ..... o,1hI
1M' tQ.'IIW',1h1l1l1Nf 1IIIap .u In U forge llICI.frKt.
8Ionl\tlt Sari Jose t.b _ ....... __ ...
__________ ___ '-
7II'00IJI0I'$.ealllt8li ... tJl'II"IIIIIltUaMclJIII")'dtcl ..
atIDm*Y'!lI>tal:l oleNboId ,ultliOompany dll(l Ulldar til 1II11'*W1kt<J pow., of altO/l\ay en II, \\ill 1M Clerk of thl 00ImIy In wNd)
abo.,. 1"lIIItd Oolilt It !potted.