Aguirre vs. Davita, Inc.

begins with the allegations and theories in the complaint – as well as the defenses alleged in the answer because some of the issues relate to some of defendant’s affirmative defenses.

In the introductory portion of their complaint (ROA 2), plaintiffs allege that plaintiff East Orange County Water District and defendant Performance Pipeline Technologies entered into a written agreement whereby defendant would perform annual pipeline cleaning services to the local sewer systems located in plaintiff’s service area. (Complaint, ¶ 10.) Plaintiffs allege that the initial term of the agreement was from August 1, 2016 to June 30, 2017 and that plaintiff had the option to extend the term for two one-year periods. (Complaint, ¶¶ 11 and 12.) Plaintiffs allege that after plaintiff renewed the contract twice, the parties agreed to a six-month extension. (Complaint, ¶ 13.)

Plaintiffs allege that the work by defendant Performance Pipeline Technologies was to be performed as set forth in an attachment to the agreement entitled “Scope of Work.” (Complaint, ¶ 14.)

Plaintiffs allege that, on July 2, 2019, defendant Performance Pipeline Technologies was conducting sewer cleaning services in Tustin when its employees encountered roots and noted a blockage. (Complaint, ¶¶ 15 and 16.) Plaintiffs allege that, instead of immediately contacting plaintiff East Orange County Water District or conducting further investigation of the blockage as required by the contract, the employees continued to attempt to clean the sewer pipeline and complete the task that same day. (Complaint, ¶ 16.)

Plaintiffs allege that “[t]he noted blockage caused the pipeline to rupture in another location, resulting in raw sewage entering the home of the Mier family” in Tustin. (Complaint, ¶ 17.) Plaintiffs allege that the Miers were out of town and sewage flowed through the entire residence for a week, resulting in a total loss to the contents of the home. (Complaint, ¶ 18.)