Dragon Orozco Comp Against EDS Efiled

Electronically Filed
11/30/2021 4:24 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
Edward D. Boyack, Esq.
2 Nevada Bar No. 5229
3
Christopher B. Anthony, Esq.
Nevada Bar No. 9748 CASE NO: A-21-844750-C
4 BOYACK ORME ANTHONY & MCKIEVER Department 27
7432 W. Sahara Ave., Suite 101
5 Las Vegas, Nevada 89117
ted@boyacklaw.com
6 canthony@boyacklaw.com
702.562.3415
7
702.562.3570 (fax)
8
Dominic Gentile, Esq.
CLARK HILL LLP
10 3800 Howard Hughes Pkwy #500
Las Vegas, NV 89169
11
(702) 862-8300
Tel: (702) 562-3415 Fax (702) 562-3570
12 (702) 862-8400 (fax)

dgentile@clarkhill.com
Las Vegas, Nevada 89117
13 Attorneys for Plaintiffs

Las Vegas Dragon Hotel, LLC and Adolfo Orozco
14
DISTRICT COURT
15
16 CLARK COUNTY, NEVADA
17
LAS VEGAS DRAGON HOTEL, LLC, a CASE NO.
18
Nevada limited-liability company doing
business as the ALPINE MOTEL DEPT. NO.
19 APARTMENTS; ADOLFO OROZCO, an
individual,
20
Plaintiffs,
21
v.
22 COMPLAINT
EDS ELECTRONICS, INC., a Nevada
23 Corporation; ADVANCED PROTECTION, Exempt from Arbitration:
LLC f/k/a ADVANCED PROTECTION
24 INDUSTRIES, INC. d/b/a/ NATIONAL Amount in dispute exceeds $50,000
MONITORING CENTER, a California
25 corporation; THE CITY OF LAS VEGAS, a
municipal corporation; COREY EVANS, an
26 individual; JASON CASTEEL, an individual;
DOES 1 through 10; inclusive; and ROE
27 CORPORATIONS 1 through 10, inclusive,
28 Defendants.
Page 1 of 23
Case Number: A-21-844750-C

1 COMPLAINT
2
Plaintiffs LAS VEGAS DRAGON HOTEL, LLC d/b/a ALPINE MOTEL
3
APARTMENTS and ADOLFO OROZCO, by and through its attorneys EDWARD D.
4
BOYACK, ESQ. and CHRISTOPHER B. ANTHONY, ESQ. of BOYACK ORME
5
6 ANTHONY & MCKIEVER, and DOMINIC GENTILE, ESQ. of CLARK HILL LLP, hereby
7 files its complaint against Defendants EDS ELECTRONICS, INC., ADVANCED

8
PROTECTION, LLC f/k/a ADVANCED PROTECTION INDUSTRIES, INC. d/b/a/
9
NATIONAL MONITORING CENTER, THE CITY OF LAS VEGAS, COREY EVANS, and
10
JASON CASTEEL.
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 INTRODUCTION
13 Homelessness and affordable housing exist on a continuum that is at the very heart of
14
this lawsuit. On November 6, 2019, the City of Las Vegas (“the City”) criminalized
15
homelessness. It made a policy decision that anyone who sits, lies down, sleeps or cooks
16
outdoors, or sets up a tent, shelter or similar structure for purposes of sleeping or temporary
17
18 living, is a criminal subject to incarceration and fine. This activity is prohibited on any
19 dedicated street, alley, public highway and/or sidewalk. See Las Vegas Municipal Code
20
Chapter 10.86.
21
The City, through several of its various departments, was responsible for conducting
22
inspections of multi-family residential properties to ensure compliance with its building and fire
23
24 codes. It had done so at the Alpine Motel Apartments (“Alpine”) with regularity at least
25 annually and at times more frequently since its acquisition by Plaintiffs. Each notice of non-
26
compliance with codes was cured immediately by Plaintiffs and passed upon reinspection by
27
the City. Unfortunately, for some reason not as yet disclosed, and despite its previous record of
28
Page 2 of 23
1 regularly conducted inspections, the City had not performed any inspections of the Alpine for
2
a year and a half prior to creating a criminal offense for homelessness.
3
Forty-one days after homelessness was declared a crime by the City, on December 21,
4
2019, the Alpine caught fire and several of its residents died. After the fire, the City found the
5
6 time and resources to conduct inspections and found purported code violations present. Those
7 violations have been used by the Clark County District Attorney to form the basis of criminal
8
charges against Adolfo Orozco-Garcia (“Adolfo”).
9
At the time of this enactment, according to the Southern Nevada Home Builders
10
Association, we had a shortage of over 70,000 affordable housing units for extremely low-
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 income renters – i.e. people earning 30% or less of area median income. Affordable housing is
13 generally defined as housing that costs no more than 30% of a person’s gross income. Research
14
existing at that time from the Nevada Low Income Housing Coalition (NLIHC) demonstrated
15
that Nevada had roughly 18 affordable units for every 100 of its extremely low-income renters.
16
That was less than half the national level at a time when 12.5% of Nevadans were living below
17
18 the poverty level.
19 It is incontrovertible that, absent government spending of taxpayer money as subsidies,

20
affordable housing can only exist through private ownership operating efficiently. Using the
21
30% of gross income formula for what is “affordable”, a person or family receiving $2,000 per
22
month from all sources can allocate $600 of it to housing costs. Regrettably, there are far too
23
24 many people in our community falling into that category.
25 Adolfo has been involved with affordable housing since he was born in Galeana,
26
Michoacan, Mexico. To help his father and mother feed their family, he started working at
27
eight years of age, making bricks by hand that were used to build housing. He worked five hours
28
Page 3 of 23
1 on weekdays after school and 8-10 hours a day on weekends making roughly 600 pesos a week.
2
By age fifteen Adolfo moved to Napa, California, with his mother and siblings. In the after-
3
school hours he worked with a shovel, taking dirt and water out of foundation ditches with his
4
father and working full time on weekends. Adolfo went on to get his B.A. in bilingual-bicultural
5
6 language academic development and landed a job as a teacher. After teaching a full day in
7 elementary school, he would teach adult English as a second language classes at night. He
8
worked weekends teaching basic computer skills and during the summer “break” he taught high
9
school students at Napa Valley College.
10
Adolfo became a United States citizen and bought into the American Dream. He saved
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 his money and, in 2000, purchased a triplex in Stockton, living in one unit and renting the other
13 two. He continued saving and acquiring rental residential real estate, buying the Dragon Hotel
14
in Las Vegas in 2004. He later sold it to Tony Hsieh and used those proceeds to acquire the
15
Alpine.
16
Although it is undisputed that the fire was not arson, this hard-working Mexican born
17
18 American citizen has become the first person in Nevada history to be charged criminally for the
19 deaths and damage that resulted from a non-intentional fire. It is noteworthy that this was not
20
the first unintentional fire to cause deaths where code violations were found to be present in
21
post-fire inspections. Among them, in 1980 the owners and executives of the MGM were not
22
criminally prosecuted for a fire that cost 87 lives where 83 code violations were discovered
23
24 post-fire. More recently, neither were the owners or executives of MGM criminally prosecuted
25 for the 58 deaths on October 1, 2017, caused by a shooter who had the help of their employees
26
in moving his patent and heavy arsenal into the room at Mandalay Bay from which he wreaked
27
the devastation.
28
Page 4 of 23
1 This lawsuit is directed at those who are more directly responsible due to their own
2
contractual breaches and tortious conduct that resulted in the same injuries. 1 They owed duties
3
to Plaintiffs herein and the residents of the Alpine that they breached or ignored and, but for
4
that, lives would have been saved and property would not have been destroyed.
5
6 PARTIES
7 1. Plaintiff Las Vegas Dragon Hotel, LLC d/b/a Alpine Motel Apartments (“Dragon”), at
8
all times relevant herein, was a Nevada limited liability company doing business in Clark
9
County, Nevada.
10
2. Plaintiff Adolfo Orozco (“Orozco”), at all times relevant herein, was a resident of Clark
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 County, Nevada.
13 3. Upon information and belief, at all times relevant herein, Defendant EDS
14
ELECTRONICS, INC. (“EDS”) is and was a Nevada corporation doing business in Clark
15
County, Nevada.
16
4. Upon information and belief, at all times relevant herein, Defendant Advanced
17
18 Protection, LLC f/k/a Advanced Protection Industries, Inc. d/b/a National Monitoring Center
19 (“NMS”) is and was a California corporation doing business in Clark County, Nevada.
20
5. Upon information and belief, Defendant CITY OF LAS VEGAS, is and at all times
21
relevant was a Municipal Corporation.
22
6. Upon information and belief, Defendant COREY EVANS (“EVANS”) is and at all
23
24 times relevant was a resident of Clark County, Nevada.
25
26
27
1As a direct and proximate result of the acts and omissions of Defendants herein, Plaintiffs herein have been made
28 subject to claims for damages in numerous lawsuits, including without limitation, A-20-808100-C, A-20-810949-C, A-
20-810951-C, A-20-814863-C, A-20-817072-C, A-21-830318-C, A-21-830321-C, and A-21-840517-C.
Page 5 of 23
1 7. Upon information and belief, at all times relevant herein, Defendant JASON CASTEEL
2
(“CASTEEL”) was a resident of Clark County, Nevada
3
JURISDICTION
4
8. This Court has jurisdiction over this Complaint because each Defendant has done and
5
6 continues to do business in Nevada and at least one Defendant is a resident of Clark County in
7 the State of Nevada and the torts alleged herein occurred in Clark County in the State of Nevada.
8
FACTUAL ALLEGATIONS
9
9. During the morning of December 21, 2019, a fire broke out at the Alpine Motel, located
10
at 213 North 9th Street, Las Vegas, Nevada which was owned and operated at all times relevant
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 by Plaintiff Las Vegas Dragon Hotel, LLC.

13 10. The fire started when a resident left their stove and/or oven on and open while they were
14
not in their unit.
15
11. As a result of the acts and omissions of all Defendants as described herein, multiple
16
individuals have brought claims against Plaintiffs, which are in the process of being
17
18 consolidated into the lawsuit bearing Eighth Judicial District Court Case Number A-20-808100-
19 C (hereinafter collectively referred to as the “Allegations Against Plaintiffs”).

20
Defendant Jason Casteel
21
12. At all times relevant herein, CASTEEL lived in an apartment at the Alpine Motel and
22
was performing work for Dragon, including onsite supervision and implementation of
23
24 maintenance, security, tenant safety and satisfaction and the collection of rent.
25 13. Among CASTEEL’s duties at the Alpine Motel was to inquire with tenants as to the
26
status and condition of their smoke detectors and to provide or maintain equipment for heating
27
the living quarters.
28
Page 6 of 23
1 14. Prior to the fire, the rear door to the Alpine Motel was in disrepair.
2
15. At all times relevant herein, CASTEEL knew that the rear door to the Alpine Motel was
3
in disrepair.
4
16. Plaintiffs instructed CASTEEL to obtain appraisals for a replacement rear door to the
5
6 Alpine Motel and to repair and/or replace the door so that it was functional.
7 17. Prior to the fire, CASTEEL directed and participated in bolting the rear door to the
8
Alpine Motel shut and failed to notify Plaintiffs that he had done so.
9
18. To the extent the claims referenced in Footnote 1 herein are proven true, CASTEEL
10
failed to repair and/or replace the rear door to the Alpine Motel so that it was functional.
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 19. In addition to his other maintenance responsibilities, Plaintiffs purchased and delivered
13 heating units to the Alpine Motel prior to the fire, with instructions to CASTEEL to provide the
14
heating units to the residents of the Alpine Motel and install them as necessary. Contrary to
15
these instructions, CASTEEL failed to provide and install heating units to multiple of the Alpine
16
Motel apartments.
17
18 20. On multiple occasions, CASTEEL instructed residents of the Alpine Motel to use their
19 stoves and/or ovens to heat their units, unbeknownst to Plaintiffs.

20
21. On November 28, 2019, upon information and belief, a person unknown to Plaintiffs
21
who was on the premises activated one or more of the fire alarm pull stations at the Alpine
22
Motel. Upon information and belief, this was done as a prank since there was no fire on
23
24 November 28, 2019.
25 22. On November 28, 2019, in response to the fire alarm being pulled, CASTEEL
26
participated in entering the Alpine Motel office and disabling the fire alarm. CASTEEL was
27
neither authorized nor trained to interact with the fire alarm system and equipment at the Alpine
28
Page 7 of 23
1 Motel. However, CASTEEL was trained and instructed that it was standard procedure to notify
2
the alarm company in the event there was a problem with the fire alarm system. Accordingly,
3
CASTEEL’S interactions with the fire alarm system on November 28, 2019 were outside of his
4
scope of work for the Alpine Motel.
5
6 23. To the extent the claims referenced in Footnote 1 herein are proven true, as a direct
7 result of CASTEEL’s interactions with the fire alarm system on November 28, 2019, the fire
8
alarm system at the Alpine Motel was not properly reset to allow for it to function properly in
9
the event of a fire in the future. CASTEEL did not inform Plaintiffs of CASTEEL’s actions
10
which disabled the fire alarm system.
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 24. On or about December 17, 2019, Plaintiffs instructed CASTEEL to unload multiple
13 refrigerators in the Alpine Motel office, which could be made available to the residents for use
14
in their units, as necessary.
15
25. Instead of unloading the refrigerators in the Alpine Motel office as he had been
16
instructed, CASTEEL unloaded the refrigerators in the first-floor hallway of the Alpine Motel,
17
18 just outside of the office. In doing so, CASTEEL created an obstacle and/or barrier to the front
19 door of the Alpine Motel. Because CASTEEL failed to follow Plaintiffs’ instructions to place
20
the refrigerators in the Alpine Motel office, CASTEEL was acting outside his scope of work at
21
the Alpine Motel when he placed the refrigerators in the first-floor hallway. CASTEEL did not
22
inform Plaintiffs of CASTEEL’s actions.
23
24 Defendant Corey Evans
25 26. Defendant EVANS, at the time of the fire, resided in Unit 108 of the Alpine Motel.
26
27. Upon information and belief, Defendant EVANS never informed Plaintiffs that his Unit
27
108’s heater was not properly functioning.
28
Page 8 of 23
1 28. During the early morning hours of December 21, 2019, Defendant EVANS turned on
2
the stove and/or oven in his Unit 108 to heat the Unit, as he had done previously.
3
29. Still during the early morning hours of December 21, 2019 and after turning his stove
4
and/or oven on to heat his Unit 108, Defendant EVANS left his Unit 108 to go to the 7-Eleven
5
6 located nearby. Defendant EVANS chose not to turn off his stove and/or oven before leaving
7 his Unit.
8
30. Upon information and belief, Defendant EVANS knew or reasonably should have
9
known that he had highly flammable materials on or in close proximity to the stove and/or oven
10
at the time he left Unit 108.
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 31. While Defendant EVANS was visiting 7-Eleven, his stove and/or oven caught fire,
13 which then spread through the rest of the building. When Defendant EVANS returned to the
14
Alpine Motel it was ablaze.
15
32. Las Vegas Fire and Rescue later confirmed that the fire at the Alpine Motel originated
16
from Defendant EVANS’ stove and/or oven while Defendant EVANS visited 7-Eleven.
17
18 Defendants EDS Electronics, Inc. and Advanced Protection, LLC f/k/a Advanced
Protection Industries, Inc. d/b/a National Monitoring Center
19
33. EDS first contracted with Plaintiffs in approximately 2013 to take over monitoring of
20
21 the existing fire alarm system, as well as to install a wireless radio communicator for central
22 station monitoring. The wireless radio communicator sends the signal to EDS and/or NMS.
23
(The components of the fire alarm system existing in 2013 and the wireless radio communicator
24
referenced herein are collectively referred to as the “Fire Alarm System”.)
25
34. Upon information and belief, EDS contracted with NMS to assist EDS with monitoring
26
27 the Fire Alarm System.
28
Page 9 of 23
1 35. EDS inspected the Fire System at least once annually between 2013 and June 2019.
2
During this time, EDS also made one or more repairs to the Fire Alarm System based upon, and
3
as a direct result of, EDS’s findings during the annual inspections.
4
36. In January 2019, EDS replaced the components inside the existing wireless radio
5
6 communicator. EDS, along with Las Vegas Fire & Rescue, inspected and tested the wireless
7 radio communicator and its newly installed components to ensure that it met or exceeded
8
standards set forth in applicable fire codes.
9
37. As part of EDS’s annual inspections of the Alpine Motel, EDS is required to test six pull
10
stations, to test nine horns, to confirm the communication devices are properly sending signals
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 to the EDS and/or NMS, to test the control panel, and to ensure each of these components is
13 functioning properly.
14
38. The most recent inspection of the Fire Alarm System performed by EDS took place in
15
June 2019. At that time, EDS determined that the Fire Alarm System was fully operational.
16
39. As part of the central station monitoring as performed by EDS and/or NMS, the Fire
17
18 Alarm System, when operating properly, sends a signal to EDS and/or NMS to confirm that the
19 Fire Alarm System is properly communicating with EDS and/or NMS.

20
40. During the time between the June 2019 inspection by EDS and November 27, 2019,
21
EDS received no indication that the Fire Alarm System was malfunctioning in any way.
22
41. In the early morning of November 28, 2019, EDS received a fire alarm signal from the
23
24 Fire Alarm System at the Alpine Motel.
25 42. EDS dispatched a third-party security guard to inspect the Alpine Motel. The security
26
guard reported to EDS that no audible alarm was sounding, and that no smoke or fire was visible
27
28
Page 10 of 23
1 at the Alpine Motel. The security guard also reported to EDS that he inspected the Alpine Motel
2
and found that at least one pull station had been pulled, which triggered the Fire Alarm System.
3
43. EDS has confirmed that the pull station had likely been pulled as a prank in the early
4
morning.
5
6 44. If the Fire Alarm System had been functioning properly prior to and on November 28,
7 2019, the Fire Alarm System would have still been creating audible siren sounds when the
8
security guard arrived at the Alpine Motel.
9
45. Every 24 hours between November 28, 2019, and December 21, 2019, EDS and NMS
10
received a signal from the Fire Alarm System that indicated that the system was malfunctioning.
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 46. On November 28, 2019, EDS notified Las Vegas Fire & Rescue that the Fire Alarm
13 System was mas malfunctioning. Upon information and belief, this was the one and only time
14
that EDS reported to Las Vegas Fire & Rescue regarding the condition or malfunctioning status
15
of the Fire Alarm System between November 28, 2019, and December 21, 2019.
16
47. Notwithstanding the fact that EDS and NMS knew the Fire Alarm System was
17
18 malfunctioning, neither EDS nor NMS notified Plaintiffs of any malfunction between
19 November 28, 2019 and December 21, 2019, the date of the fire.
20
48. Specifically, between November 28, 2019 and December 21, 2019, EDS did not contact
21
Plaintiffs by email to notify Plaintiffs that the Fire Alarm System was malfunctioning,
22
notwithstanding the fact that EDS had contacted Plaintiffs via email for billing and every other
23
24 problem that the Fire Alarm System had experienced between 2013 and June 2019.
25 49. Additionally, between November 28, 2019 and December 21, 2019, EDS did not contact
26
Plaintiffs by telephone using the number(s) previously used to contact Plaintiffs for
27
28
Page 11 of 23
1 malfunctions, inspections or billing issues, notwithstanding the fact that EDS knew or should
2
have known that the Fire Alarm System was malfunctioning.
3
50. Additionally, between November 28, 2019 and December 21, 2019, EDS did not visit
4
the Alpine Motel to visually inspect the Fire Alarm System, notwithstanding the fact that EDS
5
6 knew or should have known that the Fire Alarm System was malfunctioning.
7 51. Following the initiation of the fire alarm signal on November 28, 2019, EDS failed to
8
confirm that the Fire Alarm System was properly reset to ensure that the Fire Alarm System
9
would properly notify EDS and/or NMS of any actual fire in the future.
10
Defendant City of Las Vegas
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 52. On or about November 28, 2019, EDS contacted the CITY OF LAS VEGAS (via Las
13 Vegas Fire and Rescue) to advise that a false alarm had been triggered at the Alpine Motel and
14
that the Alpine Motel’s fire alarm system was malfunctioning. Upon information and belief, the
15
fact that the fire alarm system’s horns, sirens and lights did not operate properly was part of
16
EDS’s report to the CITY OF LAS VEGAS.
17
18 53. Third-Party Defendant CITY OF LAS VEGAS has performed numerous inspections
19 and investigations of the Alpine Motel between 2004 – 2019. Specifically, the CITY OF LAS
20
VEGAS Code Enforcement has open and closed at least 17 code enforcement cases at the
21
Alpine Motel. All those code enforcement cases were closed prior to the fire, such that any and
22
all issues discovered by the CITY OF LAS VEGAS were addressed and resolved. There were
23
24 no known issues reported by the CITY OF LAS VEGAS following the most recent inspection.
25 53. The CITY OF LAS VEGAS never performed any investigation as to the trouble signal
26
being sent by the fire alarm system after being notified by EDS on November 28, 2019 of the
27
problems with the Alpine Motel’s fire alarm system.
28
Page 12 of 23
1 54. The CITY OF LAS VEGAS never contacted Plaintiffs to advise of any issue with the
2
trouble signal being sent by the Alpine Motel’s fire alarm system.
3
55. Despite the fact that the CITY OF LAS VEGAS closed a code enforcement case
4
pertaining to Alpine Motel, the CITY OF LAS VEGAS failed to advise Plaintiffs of any issues
5
6 with the fire alarm system prior to the fire.
7 FIRST CLAIM FOR RELIEF

(Negligence as to Casteel)
8
9 56. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1-56 above as
10 though they were fully set forth herein.

11
57. At all times relevant herein, Defendant CASTEEL owed a duty to Plaintiffs. This duty
Tel: (702) 562-3415 Fax (702) 562-3570
12
included, without limitation, promptly informing Plaintiffs of potentially hazardous conditions

13
at the Alpine Motel, promptly repairing hazardous conditions at the Alpine Motel, keeping
14
15 entries and exits at the Alpine Motel clear of obstructions, and not tampering with the Fire
16 Alarm System in such a way that prevented it from proper operation.

17
58. Defendant CASTEEL breached that duty by his acts or omissions set forth herein,
18
including without limitation, placing refrigerators in the first-floor hallway of the Alpine Motel,
19
participating in barricading the rear door to the Alpine Motel and/or failing to ensure the door’s
20
21 proper function, and by tampering with the Fire Alarm System such that it was not properly
22 reset to function during the fire.

23
59. As a direct and proximate result of the breaches of duty by Defendant CASTEEL,
24
Plaintiffs have incurred and continue to incur damages including, without limitation, costs,
25
expenses and attorneys’ fees incurred in connection with Plaintiffs’ Complaint, in an amount in
26
27 excess of $15,000 and to be proven at trial.
28
Page 13 of 23
1 60. It has become necessary for Plaintiffs to bring this Crossclaim and therefore, Plaintiffs
2
are entitled to recover reasonable attorneys’ fees and costs incurred in the prosecution of this
3
claim.
4
SECOND CLAIM FOR RELIEF
5
(Breach of Contract as to Casteel)
6
61. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1-62 above as
7
though they were fully set forth herein.
8
9 62. In mid-2019, Defendant CASTEEL entered into a contract with Plaintiffs by which
10 CASTEEL agreed to perform various maintenance obligation for the Alpine Motel, including,
11
but not limited to, general maintenance, security and the collection of rent (hereinafter referred
Tel: (702) 562-3415 Fax (702) 562-3570
12
to as the “Casteel Contract”).

13
63. Defendant CASTEEL has a contractual duty to ensure that the Alpine Motel is free from
14
15 potentially hazardous conditions.
16 64. Defendant CASTEEL has a contractual duty to notify Plaintiffs about any potentially
17
hazardous conditions.
18
65. Defendant CASTEEL breached the Casteel Contract by his acts or omissions set forth
19
herein, including without limitation, placing refrigerators in the first-floor hallway of the Alpine
20
21 Motel, directing and participating in barricading the rear door to the Alpine Motel and/or failing
22 to ensure the door’s proper function, and by tampering with the Fire Alarm System such that it
23
was not properly reset to function during the fire.
24
66. As a direct and proximate result of the breaches by Defendant CASTEEL, Plaintiffs
25
have incurred and continue to incur damages including, without limitation, costs, expenses and
26
27 attorneys’ fees incurred in connection with the Allegations Against Plaintiffs, in an amount in
28 excess of $15,000 and to be proven at trial.
Page 14 of 23
1 67. It has become necessary for Plaintiffs to bring this Complaint and therefore, Plaintiffs
2
3
claim.to recover reasonable attorneys’ fees and costs incurred in the prosecution of this claim.
4
THIRD CLAIM FOR RELIEF
5
(Negligence as to Evans)
6
7
8
9 69. Defendant EVANS owed a duty to Plaintiffs, the residents of the Alpine Motel, and
10 others. This duty includes, without limitation, maintaining the appliances within his Unit 108,
11
and/or notifying Plaintiffs of any malfunctions in said appliances, such that they do not pose a
Tel: (702) 562-3415 Fax (702) 562-3570
12
risk of damage or bodily injury to others.

13
70. Defendant EVANS breached that duty by failing to notify Plaintiffs that the heat in his
14
15 Unit 108 was not functioning properly.
16 71. Defendant EVANS further breached that duty by utilizing his stove and/or oven to heat
17
his Unit 108, which is not an intended, appropriate or safe use of said appliance.
18
72. Defendant EVANS further breached that duty by leaving his stove and/or oven on when
19
he left to go to 7-Eleven, when Defendant EVANS knew he would be unable to monitor the
20
21 stove and/or oven for any malfunction or fire hazard.
22 73. As a direct and proximate result of the breaches of duty by Defendant EVANS, Third-
23
Party Plaintiffs have incurred and continue to incur damages including, without limitation,
24
costs, expenses and attorneys’ fees incurred in connection with the Allegations Against
25
Plaintiffs, in an amount in excess of $15,000 and to be proven at trial.
26
27
28
Page 15 of 23
2
3
claim.
4
FOURTH CLAIM FOR RELIEF
5
(Negligence as to EDS/NMS)
6
7
8
9 76. At all times relevant herein, Defendants EDS and NMS owed a duty to Plaintiffs. This
10 duty included, without limitation, ensuring that the Fire Alarm System was functioning
11
properly.
Tel: (702) 562-3415 Fax (702) 562-3570
12
77. Defendants EDS and NMS breached that duty by their acts or omissions set forth herein,
13
including without limitation, failing to address the trouble signal from the Fire Alarm System
14
15 which was constantly being sent to them between November 28 and December 21, 2019, and
16 failing to inform Las Vegas Fire & Rescue of said continuing malfunction leading up to the fire.
17
78. As a direct and proximate result of the breaches of duty by Defendants EDS and NMS,
18
Plaintiffs have incurred and continue to incur damages including, without limitation, costs,
19
expenses and attorneys’ fees incurred in connection with the Allegations Against Plaintiffs, in
20
21 an amount in excess of $15,000 and to be proven at trial.
23
24
claim.
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Page 16 of 23
1 FIFTH CLAIM FOR RELIEF
(Breach of Contract – EDS/NMS)
2

5
81. In approximately 2013, Defendant EDS entered into a contract with Plaintiffs by which
6
Defendant EDS assumed responsibility for inspecting the Fire Alarm System to ensure it
7
remains functioning properly (hereinafter referred to as the “EDS Contract”). As a result of the
8
9 EDS Contract, Defendant EDS hired Defendant NMS to serve as the central monitoring station
10 for the Fire Alarm System.

11
82. For Defendant EDS to perform the responsibilities it assumed under the EDS Contract,
Tel: (702) 562-3415 Fax (702) 562-3570
12
Defendant EDS must obtain the proper licensing from state, county and/or city agencies in order
13
to perform such work. Additionally, all of Defendant EDS’s technicians must become certified
14
15 with the state in order to perform maintenance and repairs on the Fire Alarm System.
16 83. Defendants EDS and NMS have a contractual duty to ensure that the Fire Alarm System
17
is working properly.
18
84. Defendants EDS and NMS have a duty to notify the authority having jurisdiction of any
19
discrepancy, malfunction or other problem regarding the Fire Alarm System.
20
21 85. Defendants EDS and NMS breached the EDS Contract by its acts or omissions set forth
22 herein, including without limitation, failing to inform Plaintiffs that the Fire Alarm System was
23
not functioning properly, failing to inform Las Vegas Fire & Rescue that the Fire Alarm System
24
was not functioning properly, failing to inspect the Fire Alarm System, and failing to take the
25
necessary actions to ensure that the Fire Alarm System was working properly.
26
27 86. As a direct and proximate result of the breaches by Defendants EDS and NMS, Plaintiffs
28 have incurred and continue to incur damages including, without limitation, costs, expenses and
Page 17 of 23
1 attorneys’ fees incurred in connection with the Allegations Against Plaintiffs, in an amount in
2
excess of $15,000 and to be proven at trial.
3
87. It has become necessary for Plaintiffs to bring this Crossclaim and therefore, Plaintiffs
4
5
6 claim.
7 SIXTH CLAIM FOR RELIEF

(Negligence as to the CITY OF LAS VEGAS)
8

11
89. Defendant the CITY OF LAS VEGAS owed a duty to Plaintiffs and others. This duty
Tel: (702) 562-3415 Fax (702) 562-3570
12
includes, without limitation, informing Plaintiffs of any potential malfunctions in the Alpine
13
Motel’s fire alarm system.
14
15 90. Defendant the CITY OF LAS VEGAS breached that duty by failing to notify Plaintiffs
16 of potential problems with the Alpine Motel’s fire alarm system after being placed on notice of
17
them by Defendant EDS on November 28, 2019.
18
91. Defendant the CITY OF LAS VEGAS also breached that duty by failing to investigate
19
the Alpine Motel’s fire alarm system after being placed on notice of problems with same by
20
21 Defendant EDS on November 28, 2019.
22 92. As a direct and proximate result of the breaches of duty by Defendant the CITY OF LAS
23
VEGAS, Plaintiffs have incurred and continue to incur damages including, without limitation,
24
costs, expenses and attorneys’ fees incurred in connection with the Allegations Against
25
Plaintiffs, in an amount in excess of $15,000 and to be proven at trial.
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Page 18 of 23
2
3
claim.
4
SEVENTH CLAIM FOR RELIEF
5
(Implied Indemnity as to Defendants EDS, NMS, CASTEEL, and EVANS)
6
7
8
9 95. Plaintiffs entered into contracts with Defendants EDS, NMS, CASTEEL, and EVANS.
10 96. By reason of the foregoing, to the extent the claims referenced in Footnote 1 herein are
11
proven true, then Plaintiffs are entitled to implied contractual indemnity from Plaintiffs, and
Tel: (702) 562-3415 Fax (702) 562-3570
12
each of them, for injuries and damages sustained by Plaintiffs, if any, for sums paid by way of
13
settlement, or in the alternative, judgment rendered against Plaintiffs arising out of the
14
15 Allegations Against Plaintiffs.
17
18
claim.
19
EIGHTH CLAIM FOR RELIEF
20
(Equitable Indemnity as to all Defendants)
21
22
23
24 99. Plaintiffs are informed and belief, and thereon allege, that the damages alleged in the
25 claims set forth in Footnote 1 herein were caused by Defendants, and each of them, arising out
26
of and in connection with, the acts or omissions of Defendants as described herein.
27
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Page 19 of 23
1 100. In equity and good conscience, if the parties asserting the Allegations Against
2
Plaintiffs recover against Plaintiffs herein, then Plaintiffs are entitled to equitable indemnity,
3
apportionment of liability and contribution among and from the Defendants, and each of them,
4
according to their respective faults for the injuries and damages allegedly sustained by the
5
6 parties asserting the Allegations Against Plaintiffs, if any, by way of sums paid by settlement,
7 or in the alternative, judgment rendered against Plaintiffs arising out of the Allegations Against
8
Plaintiffs.
9
101. It has become necessary for Plaintiffs to bring this Complaint and therefore,
10
Plaintiffs are entitled to recover reasonable attorneys’ fees and costs incurred in the prosecution
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 of this claim.
13 NINTH CLAIM FOR RELIEF

(Contribution as to all Defendants)
14
15 102. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1-102
16 above as though they were fully set forth herein.

17
103. Based upon the acts and/or omissions of Defendants, and each of them, as set
18
forth herein, if a judgment is rendered against Plaintiffs regarding the claims set forth in
19
Footnote 1 herein, Plaintiffs are entitled to contribution from each of the Defendants in an
20
21 amount proportionate to the amount of negligence and/or fault attributable to each Defendant.
22 104. It has become necessary for Plaintiffs to bring this Complaint and therefore,
23
Plaintiffs are entitled to recover reasonable attorneys’ fees and costs incurred in the prosecution
24
of this claim.
25
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Page 20 of 23
1 TENTH CLAIM FOR RELIEF
(Apportionment as to all Defendants)
2
3 105. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1-105
4 above as though they were fully set forth herein.

5
106. Plaintiffs are entitled to an apportionment of liability among Defendants, and
6
each of them.
7
107. It has become necessary for Plaintiffs to bring this Complaint and therefore,
8
9 Plaintiffs are entitled to recover reasonable attorneys’ fees and costs incurred in the prosecution
10 of this claim.
11
ELEVENTH CLAIM FOR RELIEF
Tel: (702) 562-3415 Fax (702) 562-3570
12 (Attorneys’ Fees as to all Defendants)

13 108. Plaintiffs repeat and reallege each and every allegation set forth in this
14
Complaint as though fully set forth herein.
15
109. Plaintiffs have incurred attorneys’ fees as foreseeable damages arising from
16
Defendants’ tortious conduct.
17
18 110. The attorneys’ fees expended by Plaintiffs are the natural and proximate
19 consequence of the misrepresentations and other acts or omissions committed by Defendants,

20
as alleged herein.
21
111. In addition to the contractual and statutory rights of Plaintiffs to attorneys’ fees
22
and costs, these attorneys’ fees and costs are pled as special damages pursuant to NRCP 9(g).
23
24 See Sandy Valley Assocs. V. Sky Ranch Estates Ass’n, 35 P.3d 964 (2001).
25 112. As a direct and proximate result of the aforesaid facts, Plaintiffs have incurred
26
damages of at least $15,000, the exact amount which will be proven at trial.
27
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Page 21 of 23
1 113. As a direct and proximate result of the aforesaid acts, it has become necessary
2
for Plaintiffs to retain the services of an attorney and Plaintiffs are therefore entitled to
3
reasonable attorneys’ fees and costs of suit.
4
WHEREFORE, Plaintiffs, expressly reserving their right to amend this Complaint
5
prior to or at the time of trial in this action to insert those items of damage not yet fully
6
ascertainable, prays for judgment on the claims herein as follows:
7
1. For general damages sustained by Plaintiffs, all in an amount in excess of $15,000;
8
2. For costs of suit incurred herein;
9
3. For reasonable attorneys’ fees; and,
10
4. For such other and further relief as the Court may deem just and proper.
11
Tel: (702) 562-3415 Fax (702) 562-3570
12 DATED this 30th day of November, 2021.

13
BOYACK ORME ANTHONY & MCKIEVER
14 & CLARK HILL, LLP
15
By: /s/Christopher B. Anthony___
16 EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
17
CHRISTOPHER B. ANTHONY, ESQ.
7432 W. Sahara Ave, Ste 101
19 Las Vegas, Nevada 89117
20
Dominic Gentile, Esq.
3800 Howard Hughes Pkwy #500
22 Las Vegas, NV 89169
Attorneys for Plaintiffs
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Page 22 of 23
1
CERTIFICATE OF SERVICE
2
3 I HEREBY CERTIFY that on the 30th day of November, 2021, a true and correct copy
4 of the foregoing COMPLAINT, was served via electronic submission through the Clerk of
5 Court’s electronic filing/ service to all parties registered to receive electronic service.
6
7
By: /s/ Norma Ramirez
8 An Employee of Boyack Orme Anthony & McKiever
10
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Tel: (702) 562-3415 Fax (702) 562-3570
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Page 23 of 23

Dragon Orozco Comp Against EDS Efiled

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Dragon Orozco Comp Against EDS Efiled

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Electronically Filed

12 (702) 862-8400 (fax)

13 Attorneys for Plaintiffs

16 CLARK COUNTY, NEVADA

Case Number: A-21-844750-C

7 files its complaint against Defendants EDS ELECTRONICS, INC., ADVANCED

18 the poverty level.

19 It is incontrovertible that, absent government spending of taxpayer money as subsidies,

24 many people in our community falling into that category.

24 times relevant was a resident of Clark County, Nevada.

12 by Plaintiff Las Vegas Dragon Hotel, LLC.

19 C (hereinafter collectively referred to as the “Allegations Against Plaintiffs”).

19 stoves and/or ovens to heat their units, unbeknownst to Plaintiffs.

24 November 28, 2019.

24 Defendant Corey Evans

27 the Fire Alarm System.

19 Fire Alarm System is properly communicating with EDS and/or NMS.

24 Fire Alarm System at the Alpine Motel.

6 with the fire alarm system prior to the fire.

7 FIRST CLAIM FOR RELIEF

10 though they were fully set forth herein.

included, without limitation, promptly informing Plaintiffs of potentially hazardous conditions

16 Alarm System in such a way that prevented it from proper operation.

22 reset to function during the fire.

27 excess of $15,000 and to be proven at trial.

to as the “Casteel Contract”).

15 potentially hazardous conditions.

28 excess of $15,000 and to be proven at trial.

risk of damage or bodily injury to others.

15 Unit 108 was not functioning properly.

21 stove and/or oven for any malfunction or fire hazard.

21 an amount in excess of $15,000 and to be proven at trial.

4 though they were fully set forth herein.

10 for the Fire Alarm System.

7 SIXTH CLAIM FOR RELIEF

10 though they were fully set forth herein.

21 Defendant EDS on November 28, 2019.

15 Allegations Against Plaintiffs.

13 NINTH CLAIM FOR RELIEF

16 above as though they were fully set forth herein.

4 above as though they were fully set forth herein.

12 (Attorneys’ Fees as to all Defendants)

19 consequence of the misrepresentations and other acts or omissions committed by Defendants,

12 DATED this 30th day of November, 2021.

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