(a) I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I I other (specify): (5) I I ovner (specify):

Transcription

1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale t., _ALAN M. LASKIN, SBN BRADLEY A. SCHULTZ, SBN LAW OFFICES OF ALAN M. LASKIN 1810 S STREET SACRAMENTO, CA jmber, and address): TELEPHONE NO: FAX NO (Opiional): ADDRESS fopf/bna/j: ALASKINOLASKINLAW. COM AlTORNEY FOR Wame): MARCUS THOMPSON. BY & THROUGH HIS SUCCESSOR, KIM MERRITT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREETADDRESS: 720 NINTH STREET MAILINGADDRESS: CITYANDZIPCODE: SACRAMENTO, CA BRANCH NAME: GORDON D. SCHABER COURTHOUSE PLAINTIFF: MARCUS THOMPSON, BY AND THROUGH HIS SUCCESSOR. IN INTEREST, KIM MERRITT, AN INDIVIDUAL FOR COURT USE ONLY PLD-PI Beps;l!3 li 1' DEFENDANT: EMILY CHEN, individually and dba VILLA CAPRI APARTMENTS:; E/H FIRST FAMILY LIMITED PARTNERSHIP dba VILLA CAPRI APARTMENTS;, SCOTT THOMPSON, a NOMINAL DEFENDANT; and DOES 1 THROUGH 100, inclusive.. CX_1 DOES 1 TO 100, INCLUSIVE COMPLAINT Personal Injury, Property Damage, Wrongful Death r~l AMENDED (Number): Type (check all that apply): r~l MOTOR VEHICLE fxl OTHER (specify): WRONGFUL DEATH I I Property Damage I I Wrongful Death I I Personal Injury I X I Other Damages (specify): GENERAL NEGLIGENCE; PREMISES LIABILITY Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded I I does not exceed $10,000 I I exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint I j from limited to unlimited r 1 from unlimited to limited Department Assignments Case Management 44 Law and Motion 53 Minors Compromise 45 CASE NUMBER: Plaintiff fname ornames;.-marcus THOMPSON, BY AND THROUGH HIS SUCCESSOR IN INTEREST, KIM MERRITT, AN INDIVIDUAL alleges causes of action against defendant fname or names/'emily CHEN, individually and dba VILLA CAPRI APARTMENTS; E/H FIRST FAMILY LIMITED PARTNERSHIP dba VILLA CAPRI APARTMENTS; SCOTT THOMPSON This pleading, including attachments and exhibits, consists of the following number of pages: 6 Each plaintiff named above is a competent adult a. I I except plaintiff (name): (1) I I a corporation qualified to do business in California (2) I I an unincorporated entity (describe): (3) I I a public entity (describe): (4) I I a minor I I an adult (a) I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I I other (specify): (5) I I ovner (specify): I I except plaintiff (name): (1) I I a corporation qualified to do business in California (2) (3) an unincorporated entity (describe): a public entity (describe): (4) a minor I I an adult (a) I I for whom a guardian or consen/ator ofthe estate or a guardian ad litem has been appointed (b) I I other (specify): (5) I I other (specify): I ] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Form Approved for Optional Use Judicial Council of California PLD-PI-001 (Rev. January } COMPLAINT Personal Injury, Property Damage, Wrongful Death Soluffms" Pago 1 of 3 Code of Civil Procedure,

2 SHORT TITLE: THOMPSON V. CHEN CASE NUMBER: PLD-PI Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. [x] except defendant (name): VILLA CAPRI APARTMENTS c. except defendant (name): (1) m a business organization, form unknown (1) a business organization, form unknown (2) n a corporation (2) a corporation (3) LJ an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) LJ other (specify): (5) n other (specify): b. Cx] except defendant (name): E/H FIRST d. I I except defendant (name): FAMILY LIMITED PARTNERSHIP a business organization, form unknown a corporation (2) a corporation an unincorporated entity (describe): (3) an unincorporated entity (describe): (1) n a business organization, form unknown (1) n (2) LJ (3) (4) LJ a public entity (describe): (4) a public entity (describe): (5) Cx] olher (specify): LIMITED PARTNERSHIP (5) other (specify): I X I Information about additional defendants who are not natural persons is contained in Attachment The true names of defendants sued as Does are unknown to plaintiff. a. I X I Doe defendants (specify Doe numbers): 1 THROUGH 50 were the agents or employees of other named defendants and acted within the scope of that agency or employment b. I X I Doe defendants (specify Doe numbers): 51 THROUGH 100 are persons whose capacities are unknown to plaintiff. 7. I X I Defendants who are joined under Code of Civil Procedure section 382 are (names): SCOTT THOMPSON 8. This court is the proper court because a. I I at least one defendant now resides in its jurisdictional area. b. I X I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. I X I Injury to person or damage to personal property occurred in its jurisdictional area.,. d. I I other (specify): 9. I I Plaintiff is required to comply with a claims statute, and a. I I has complied with applicable claims statutes, or b. I I is excused from complying because (specify): PLD-PI-001 [Rev. January 1,2007] COMPLAINT Personal Injury, Property Damage, Wrongful Death Pago 2 of 3

3 SHORT TITLE: THOMPSON V. CHEN CASE NUMBER: PLD-PI The following causes of action are attached and the statements above apply to each (each coniplaint must have one or more causes of action attached): a. I I MotorVehlcle b. I X I General Negligence c. I I Intentional Tort d. I I Products Liability e. I X I Premises Liability f. Cx] Other ^spec/^j; WRONGFUL DEATH 11. Plaintiff has suffered a. I I wage loss b. I I loss of use of property c. I I hospital and medical expenses d. I I general damage e. I I property damage f. I I loss of earning capacity g. Cx] other damage (spec///;.- EMOTIONAL DISTRESS AND THE LOSS OF THE LOVE, COMFORT, AND SOCIETY OF MARCUS THOMPSON. 12. I I The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. I I listed in Attachment 12. b. I I as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) I X I compensatory damages (2) I I punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) I X I according to proof (2) I I in the amount of: $ I X I The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): GENERAL NEGLIGENCE (1-4) ; PREMISES LIABILITY (1-3) (5) Date: SEPTEMBER 30, 2011 ALAN M. LASKIN. SBN (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT Personal Inj^'ry, Property Damage, Wrongful Death Page 3 of 3

4 PLD-PI-001 (2) SHORTTITLE: THOMPSON v. CHEN CASE NUMBER: FIRST CAUSE OF ACTION General Negligence Page 4 (number) ATTACHMENT TO Cx] Complaint CZ] Cross - Complaint ;! (Use a sepamte cause of action form for each cause of action.) GN-1. Plaintiff fname;: MARCUS THOMPSON, BY AND THROUGH HIS SUCCESSOR IN INTEREST, KIM MERRITT, AN INDIVIDUAL alleges that defendant Cname;: EMILY CHEN, individually and dba VILLA CAPRI APARTMENTS; E/H FIRST FAMILY LIMITED PARTNERSHIP dba.villa CAPRI APARTMENTS Cx] Does 1_ to 100. INCLUSIVE was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(cfafe;; JANUARY 14, 2010 ax (place): THE VILLA CAPRI APARTMENTS, LOCATED AT 3129 TRUSSEL WAY IN THE CITY AND COUNTY OF SACRAMENTO, CALIFORNIA. (description of reasons for liability): DEFENDANTS, AND EACH OF THEM, NEGLIGENTLY FAILED TO PROTECT TENANTS AND VISITORS FROM THE RISK OF INJURY DUE TO LOITERING AND FORSEABLE CRIMINAL CONDUCT. DEFENDANTS WERE AWARE OF NUMEROUS PRIOR SIMILAR INCIDENTS AND FAILED TO TAKE REASONABLE AND NECESSARY STEPS TO PROTECT PLAINTIFF MARCUS THOMPSON. PLAINTIFF MARCUS THOMPSON WAS ON DEFENDANTS' PROPERTY WHEN HE WAS SHOT BY A PERSON WHO WAS ALSO ON DEFENDANTS' PROPERTY. AS DIRECT AND PROXIMATE RESULT OF DEFENDANTS' MARCUS THOMPSON WAS FATALLY SHOT. NEGLIGENT CONDUCT, PLAINTIFF AS A FURTHER DIRECT AND PROXIMATE RESULT OF DEFENDANTS' NEGLIGENT CONDUCT, PLAINTIFF KIM MERRITT HAS SUFFERED EMOTIONAL DISTRESS, AS WELL THE PECUNIARY LOSS OF THE LOVE, COMFORT, AND SOCIETY OF HER SON, MARCUS THOMPSON, IN SUM AND ACCORDING TO PROOF AT TRIAL. Form Approved for Optional Usa Judicial Council of California PLD-PI-001(2) [Rev. January 1,2007] CAUSE OF ACTION General Negligence Legal SoluiaQns' Page 1 of 1 Code of Civil Procedure

5 SHORTTITLE: THOMPSON V. CHEN CASENUMBER: PLD-PI-001 (4) SECOND CAUSE OF ACTION Premises Liability (number) ATTACHMENT TO CxH Complaint Cross-Complaint (Use a sepamte cause of action fonv for each cause of action.) Page 5_ Prem.L-1. Plaintiff Cname^: MARCUS THOMPSON, BY AND THROUGH HIS SUCCESSOR IN INTEREST, KIM MERRITT alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff: On ^cfafe;: JANUARY 14, 2010 plaintiff was injured on the following. premises in the following lashion (description of premises and cimumstances of injury): DEFENDANTS' LACK OF SECURITY ALLOWED MARCUS THOMPSON,^ A VISITOR, TO BE FATALLY SHOT AND KILLED. PLAINTIFF WAS ON DEFENDANTS'; PROPERTY WHEN HE WAS SHOT BY INDIVIDUALS WHO WERE BELIEVED TO BE SHOOTING FROM INSIDE A CAR AT DEFENDANTS' PROPERTY. DEFENDANT WAS AWARE OF NUMEROUS PRIOR SIMILAR INCIDENTS, YET FAILED TO TAKE THE REASONABLE AND NECESSARY PRECAUTIONS TO PROTECT PLAINTIFF AND OTHERS SIMILARLY SITUATED. Prem.L-2. I X I Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names;: EMILY CHEN, individually and dba VILLA CAPRI APARTMENTS; E/H FIRST FAMILY LIMITED PARTNERSHIP dba VILLA CAPRI APARTMENTS fx] Does 1 to 100 Prem.L-3. I X I Count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): EMILY CHEN, individually and dba VILLA CAPRI APARTMENTS; E/H FIRST FAMILY LIMITED PARTNERSHIP dba VILLA CAPRI APARTMENTS nn Does 1 to 100 Plaintiff, a recreational user, was I X I an invited guest I I a paying guest. Prem.L-4. I I Count Three-Dangerous Condition of Public Property The defendants, who owned public property on which a dangerous condition existed were (names): I I Does to a. I I The defendant public entity had I I actual I I constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. I I The condition was created by employees of the defendant public entity. Prem.L-5. a. I..X.I Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names):' Cx] Does 1 to 100 b. I I The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are described in attachment Prem.L-5.b I I as follows (names): Form Approved for Optional Use Judicial Council of Califomia PLD-PI-001(4) (Rev. January ) CAUSE OF ACTION Premises Liability ns- [us Pago 1 of 1 Code of Civil Procedure,

6 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: MARCUS THOMPSON, BY AND THROUGH HIS SUCCESSOR EMILY CHEN, indiv. & dba VILLA CAPRI APARTMENTS, ET AL. CASE NUMBER: ATTACHMENT PREM L-5B PAGE 6 PLAINTIFF IS IGNORANT AS TO THE TRUE NAMES AND CAPACITIES OF DEFENDANTS SUED HEREIN AS DOES 1 TO 100, INCLUSIVE, AND THEREFORE S.UES THESE DEFENDANTS BY SUCH FICTITIOUS NAMES. PLAINTIFF WILL AMEND THIS COMPLAINT WHEN SUCH TRUE NAMES AND CAPACITIES BECOME KNOWN. - ius