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`FREDERIC L. GORDON ATTORNEY AT LAW
`Frederic L. Gordon, Esq. (SBN 98994)
`23521 Estrella Place
`Valencia, CA 91355
`Phone: (619) 572-2210
`FGordonAPC@gmail.com
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`
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`MARLER CLARK, LLP, PS
`William D. Marler, Esq.,
`(pro hac vice application forthcoming)
`The Standard Building
`1012 1st Avenue, Fifth Floor
`Seattle, Washington 98104
`Phone: (206) 346-1888
`bmarler@marlerclark.com
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`Attorneys for Plaintiffs
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`MICHELLE WERNLI and EVAN
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`ALDRICH, on behalf of their minor son, )
`L. A.,
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`EURO FOODS, INC., a Pennsylvania
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`corporation, d/b/a CITTERIO USA;
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`v.
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`Plaintiffs,
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`Defendant.
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`Case No.: 2:21-cv-9420
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`PLAINTIFFS’ COMPLAINT FOR
`DAMAGES FOR:
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`1st Cause of Action: Strict Liability
`2nd Cause of Action: Breach of
`Warranty
`3rd Cause of Action: Negligence
`4th Cause of Action: Negligence Per
`Se
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`(DEMAND FOR JURY TRIAL)
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 2 of 13 Page ID #:2
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`Plaintiffs Michelle Wernli and Evan Aldrich, on behalf of their minor son, L.
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`A., by and through their attorneys, Frederic L. Gordon and William D. Marler of
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`Marler Clark LLP, PS (pro hac vice application forthcoming), allege upon
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`information and belief as follows:
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`PARTIES
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`1.
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`The plaintiffs, Michelle Wernli and Evan Aldrich, are the parents and
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`legal guardians of their son, plaintiff L. A., who is under 18 years of age and thus a
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`minor (collectively “Plaintiffs”). The Plaintiffs are residents and citizens of
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`Moorpark, Ventura County, California.
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`2.
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`The defendant, Euro Foods, Inc., d/b/a Citterio USA (hereinafter
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`“Citterio” or “Defendant”), is a domestic for-profit corporation organized and
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`existing under the laws of the Pennsylvania, with its principal place of business
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`located at 2008 State Route 940 Freeland, Pennsylvania 18224. Citterio is a citizen
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`of the State of Pennsylvania. At all times relevant hereto, Defendant operated
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`Citterio USA and directly distributed its products to stores in the State of California.
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`Further, at all times relevant, in order to facilitate selling its products in the State of
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`California, Defendant maintained such minimum contacts with the State of
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`California as to subject itself to laws and protections of California. Citterio was the
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`manufacturer, supplier, packager, distributor, and/or seller of the adulterated food
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`product that is the subject of this action.
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`2
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 3 of 13 Page ID #:3
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`JURISDICTION AND VENUE
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`3.
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`This Court has jurisdiction over the subject matter of this action
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`pursuant to 28 U.S.C. § 1332(a)(2) because the matter in controversy exceeds
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`$75,000.00, exclusive of costs, and it is between a foreign Defendant that is a citizen
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`of the State of Pennsylvania, and Plaintiffs who are citizens of the State of California.
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`At all times relevant to this action, Defendant maintained such minimum contacts
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`with the State of California that this Court’s assertion of jurisdiction over the
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`Defendant would not violate traditional notions of fair play and substantial justice.
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`4.
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`Venue in the United States District Court for the Central District of
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`California is proper pursuant to 28 U.S.C. § 1391(a)(2) because a substantial part of
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`the events or omissions giving rise to Plaintiffs’ claims and causes of action occurred
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`in this judicial district, and because the Defendant was subject to personal
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`jurisdiction in this judicial district at the time of the commencement of the action.
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`GENERAL ALLEGATIONS
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`The Salmonella Bacteria
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`5.
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`Salmonella is the second most common intestinal infection in the
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`United States. More than 7,000 cases of Salmonella were confirmed in 2009;
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`however, most cases go unreported. The Centers for Disease Control and Prevention
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`(CDC) estimates that over 1 million people in the U.S. contract Salmonella each
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`3
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 4 of 13 Page ID #:4
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`year, and that an average of 20,000 hospitalizations and almost 400 deaths occur
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`from Salmonella poisoning, according to a 2011 report.
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`6.
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`Salmonella infections usually occur when a person eats food
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`contaminated with the feces of animals or humans carrying the bacteria. Salmonella
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`outbreaks are commonly associated with eggs, meat, and poultry, but these bacteria
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`can also contaminate other foods, such as fruits and vegetables. Foods that are most
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`likely to contain Salmonella include raw or undercooked eggs, raw milk,
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`contaminated water, and raw or undercooked meats.
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`7.
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`Symptoms of Salmonella infection, or salmonellosis, range widely and
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`are sometimes absent altogether. The most common symptoms include diarrhea,
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`abdominal cramps, and fever.
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`8.
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`Typical symptoms of Salmonella infection appear 6 to 72 hours after
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`eating contaminated food, last for 3 to 7 days without treatment, and usually consist
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`of:
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`• Diarrhea
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`• Abdominal cramps
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`• Fever of 100°F to 102°F
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`• Bloody diarrhea
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`• Vomiting
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`• Headache
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`PLAINTIFFS’ COMPLAINT
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 5 of 13 Page ID #:5
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`• Body aches
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`9.
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`Complications of Salmonella poisoning are more likely to occur among
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`young children and people of age 65 or older. Possible complications like reactive
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`arthritis are thought to occur in 2 to 15 percent of Salmonella patients. Symptoms
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`include inflammation of the joints, eyes, or reproductive or urinary organs. On
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`average, symptoms appear 18 days after infection. Irritable bowel syndrome (IBS)
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`can also be a long-term complication.
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`10.
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`Salmonella infections generally last 3 to 7 days, and often do not require
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`treatment. People with severe dehydration may need rehydration through an IV.
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`Antibiotics are recommended for those at risk of invasive disease, including infants
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`under three months old. Salmonella is treated with a 14-day course of antibiotics.
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`Unfortunately, treatment of Salmonella has become more difficult as the pathogen
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`has become more resistant to antibiotics. Finding the right antibiotic for a case of
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`Salmonella is crucial to treating this bacterial infection.
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`An Outbreak of Salmonella Linked to Salami Sticks
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`11.
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`Illnesses started on dates ranging from September 18, 2021, to October
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`18, 2021. Ill people ranged in age from 1 to 75 years, with a median age of 7. Sixty-
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`one percent of ill people were female. Of 24 people with information available, 6
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`(25%) were hospitalized. No deaths were reported.
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 6 of 13 Page ID #:6
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`12. On November 12, 2021, the Centers for Disease Control and Prevention
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`(CDC) stated epidemiologic, traceback, and laboratory data show that Citterio brand
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`Premium Italian-Style Salami Sticks were the likely cause of the outbreak. Among
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`people interviewed by state and local public health officials, 100% reported eating
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`salami sticks, and 96% reported eating or maybe eating Citterio brand Premium
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`Italian-Style Salami Sticks.
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`13. On November 10, 2021, Euro Foods, Inc. d/b/a Citterio USA, recalled
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`approximately 119,091 pounds of salami stick products produced prior to October
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`25, 2021, with “best by” dates through January 23, 2022, due to suspected
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`contamination with the Salmonella bacteria.
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`14. As of November 12, 2021, 31 people infected with the outbreak strain
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`of Salmonella were reported from 10 states.
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`PLAINTIFF L. A.’S INJURIES
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`15. During the week of September 27 – October 3, 2021, L. A. consumed
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`at least one Citterio brand Premium Italian-Style Salami Stick that was later subject
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`to Defendant’s recall.
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`16. On October 4, 2021, L.A. woke up during the night with a fever. Later
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`during the day, L.A. developed diarrhea, which eventually turned bloody, as well as
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`severe stomach cramping.
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 7 of 13 Page ID #:7
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`17. L.A. continued to have multiple bouts of diarrhea per day during the
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`week of October 4, 2021, and was seen for a telemedicine appointment on October
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`8, during which the treating physician ordered a stool culture. That culture eventually
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`came back positive for Salmonella.
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`18. Plaintiffs were thereafter contacted by Ventura County Public Health
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`and were informed that L. A. was part of the outbreak attributed to Citterio brand
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`Premium Italian-Style Salami Sticks.
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`CAUSES OF ACTION
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`Strict Liability – Count I
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`19. The Plaintiffs incorporate by reference paragraphs 1 – 18 herein.
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`20. At all times relevant hereto, Defendant was the manufacturer, supplier,
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`packager, distributor, and/or seller of the adulterated food product that is the subject
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`of this action.
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`21. The adulterated food product that Defendant manufactured, supplied,
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`packaged, distributed, and/or sold was, at the time it left Defendant’s control,
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`defective and unreasonably dangerous for its ordinary and expected use because it
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`contained Salmonella, a deadly pathogen.
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`7
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 8 of 13 Page ID #:8
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`22. The adulterated food product that Defendant manufactured, supplied,
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`packaged, distributed, and/or sold was delivered to the Plaintiffs without any change
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`in
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`its defective condition. The adulterated food product
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`that Defendant
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`manufactured, supplied, packaged, distributed, and/or sold was used in the manner
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`expected and intended and was consumed by plaintiff L. A.
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`23. Defendant owed a duty of care to the Plaintiffs to manufacture, supply,
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`package, distribute, and/or sell food that was not adulterated, that was fit for human
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`consumption, that was reasonably safe in construction, and that was free of
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`pathogenic bacteria or other substances injurious to human health. Defendant
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`breached this duty.
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`24. Defendant owed a duty of care to the Plaintiffs to manufacture, supply,
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`package, distribute, and/or sell food that was fit for human consumption and that
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`was safe to consume to the extent contemplated by a reasonable consumer.
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`Defendant breached this duty.
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`25. Plaintiff L. A. suffered injuries and damages as a direct and proximate
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`result of the defective and unreasonably dangerous condition of the adulterated food
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`product that the Defendant manufactured, supplied, packaged, distributed, and/or
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`sold.
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`Breach of Warranty – Count II
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`26. The Plaintiffs incorporate by reference paragraphs 1 – 25 herein.
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`8
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 9 of 13 Page ID #:9
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`27. Defendant is liable to the Plaintiffs for breaching implied warranties
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`that it made regarding the adulterated product that the Plaintiffs purchased. These
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`implied warranties include the implied warranties of merchantability and/or fitness
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`for a particular use. Specifically, Defendant impliedly warranted, through its design,
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`manufacture, distribution, supply, and/or sale of food intended to be consumed by
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`the public, by the statements and conduct of its employees and agents, and by the
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`packaging of its product, that the food it prepared and sold was fit for human
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`consumption and not otherwise adulterated or injurious to health.
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`28. The contaminated food that Defendant sold would not pass without
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`exception in the trade and was therefore in breach of the implied warranty of
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`merchantability.
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`29. The contaminated food sold to the Plaintiffs was not fit for the uses and
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`purposes intended (i.e., human consumption); this product was therefore in breach
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`of the implied warranty of fitness for its intended use.
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`30. As a direct and proximate cause of the Defendant’s breach of
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`warranties, as set forth above, plaintiff L. A. sustained injuries and damages in an
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`amount to be determined at trial.
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`Negligence – Count III
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`31. The Plaintiffs incorporate by reference paragraphs 1 – 30 herein.
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`9
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 10 of 13 Page ID #:10
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`32. Defendant owed to the Plaintiffs a duty to use reasonable care in the
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`manufacture, supply, packaging, distribution, and sale of its food product, which
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`duty would have prevented or eliminated the risk that Defendant’s food products
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`would become contaminated with Salmonella or any other dangerous pathogen.
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`Defendant breached this duty by manufacturing, distributing, supplying, and/or
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`selling food products contaminated with Salmonella, and was therefore negligent.
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`33. Defendant had a duty to comply with all federal, state, and local
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`statutes, laws, regulations, safety codes, and provisions pertaining to the
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`manufacture, distribution, storage, and sale of its food product, but failed to do so,
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`and was therefore negligent. The Plaintiffs were among the class of persons designed
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`to be protected by these statutes, laws, regulations, safety codes, and provisions
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`pertaining to the manufacture, distribution, storage, and sale of similar food
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`products. By manufacturing, distributing, supplying, and/or selling food products
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`contaminated with Salmonella, Defendant breached this duty and was therefore
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`negligent.
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`34. Defendant had a duty to properly supervise, train, and monitor its
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`respective employees, and to ensure that its respective employees complied with all
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`applicable statutes, laws, regulations, safety codes, and provisions pertaining to the
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`manufacture, distribution, storage, and sale of similar food products. By
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`10
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 11 of 13 Page ID #:11
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`manufacturing, distributing, supplying, and/or selling food products contaminated
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`with Salmonella, Defendant breached this duty and was therefore negligent.
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`35. Defendant had a duty to use ingredients, supplies, and other constituent
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`materials that were reasonably safe, wholesome, and free of defects; that otherwise
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`complied with applicable federal, state, and local laws, ordinances, regulations,
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`codes, and provisions; and that were clean, free from adulteration, and safe for
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`human consumption. By manufacturing, distributing, supplying, and/or selling food
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`products contaminated with Salmonella, Defendant breached this duty and was
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`therefore negligent.
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`36. As a direct and proximate result of Defendant’s negligence, plaintiff L.
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`A. sustained injuries and damages in an amount to be determined at trial.
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`Negligence Per Se – Count IV
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`37. The Plaintiffs incorporate by reference paragraphs 1 – 36 herein.
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`38. Defendant had a duty to comply with all applicable state and federal
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`regulations intended to ensure the purity and safety of its food products, including
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`the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301, et
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`seq.).
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`39. By manufacturing, distributing, supplying, and/or selling food products
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`contaminated with Salmonella, Defendant breached that duty and, as a result, was
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`11
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 12 of 13 Page ID #:12
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`negligent per se in its manufacture, distribution, and sale of food adulterated with
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`Salmonella, a deadly pathogen.
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`40. As a direct and proximate result of the negligent per se conduct by
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`Defendant, plaintiff L. A. sustained injuries and damages in an amount to be
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`determined at trial.
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`PRAYER FOR RELIEF:
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`WHEREFORE, the Plaintiffs pray as follows:
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`(1) For judgment against Defendant on Count I of this Petition in an
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`amount that is fair and reasonable, but no less than $75,000.01, for their
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`costs incurred, and for any other relief to which they may be entitled;
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`(2) For judgment against Defendant on Count II of this Petition in an
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`amount that is fair and reasonable, but no less than $75,000.01, for their
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`costs incurred, and for any other relief to which they may be entitled;
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`(3) For judgment against Defendant on Count III of this Petition in an
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`amount that is fair and reasonable, but no less than $75,000.01, for their
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`costs incurred, and for any other relief to which they may be entitled;
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`(4) For judgment against Defendant on Count IV of this Petition in an
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`amount that is fair and reasonable, but no less than $75,000.01, for their
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`costs incurred, and for any other relief to which they may be entitled;
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`(5) For costs of suit herein incurred; and
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`12
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`Case 2:21-cv-09420 Document 1 Filed 12/03/21 Page 13 of 13 Page ID #:13
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`(6) For such other and further relief as this Court may deem proper.
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`DATED: December 3, 2021
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`FREDERIC L. GORDON, ESQ.
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`By:
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`/s/ Frederic L. Gordon
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`Frederic L. Gordon, Esq. (SBN 98994)
`23521 Estrella Place
`Valencia, CA 91355
`Phone: (619) 572-2210
`FGordonAPC@gmail.com
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`-And-
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`By:
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`/s/ William D. Marler
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`William D. Marler, Esq.,
`(pro hac vice application forthcoming)
`MARLER CLARK, LLP, PS
`The Standard Building
`1012 1st Avenue, Fifth Floor
`Seattle, Washington 98104
`Phone: (206) 346-1888
`bmarler@marlerclark.com
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`Attorneys For Plaintiffs
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`DEMAND FOR JURY TRIAL
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`Plaintiffs hereby demand a jury trial as provided by Rule 38(a) of the
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`Federal Rules of Civil Procedure.
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`/s/Frederic L. Gordon
`FREDERIC L. GORDON
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`Attorneys for Plaintiffs
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`_____________________________________________________________________________
`PLAINTIFFS’ COMPLAINT
`13
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