PLD-Pl-001
`FOR COURT USE ONLY
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
`,_Steven L. Mazza, Esq.
`SBN: 101076
`Carpenter, Zuckennan & Rowley
`8827 West Olympic Boulevard
`Beverly Hills. CA 90211
`TELEPHONE N0:3 )0-273-1230
`E-MAIL ADDRESS (Optional):
`ATTORNEY FOR (Name;:Plaintiff, Martha Duardo
`
`FAX NO. (Optiona/):3) 0-858-J 063
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OFLOS ANGELES
`STREET ADDRESS:] 11 North Hill Street
`MAILING ADDRESS: 111 North Hill Street
`c1rY AND z1P coDE:Los Angeles, 90012
`BRANCH NAME:Stanley Mask Courthouse
`
`PLAINTIFF: MARTHA DUARDO. an Individual
`
`DEFENDANT: CITY OF LONG BEACH. a public entity: and
`
`CASE NUMBER:
`
`[JD DOES 1 TO 50, Inclusive
`COMPLAINT-Personal Injury, Property Damage, Wrongful Death
`0 AMENDED (Number):
`Type (check all that apply):
`0 MOTOR VEHICLE DD OTHER (specifyJ:PREMISES LIABILITY; and
`[JD Property Damage O Wrongful Death GENERAL NEGLIGENCE
`DD Other Damages (specify):LOSS OF FUTURE
`QD Personal Injury
`Jurisdiction (check aff that apply): EARNINGS AND MEDICAL EXPENSES
`0
`ACTION 15 A LIMITED CIVIL CASE
`Amount demanded D does not exceed $10,000
`D
`exceeds $10,000, but does not exceed $25,000
`00 ACTION 15 AN UNLIMITED CIVIL CASE (exceeds $25,000)
`0
`ACTION 15 RECLASSIFIED by this amended complaint
`D
`from limited to unlimited
`D
`from unlimited to limited
`1. Plaintiff (name or names):MARTHA DUARDO, an Individual
`alleges causes of action against defendant (name or names): CITY OF LONG BEACH. a public entity; and DOES I to 50.
`Inclusive
`2. This pleading, including attachments and exhibits, consists of the following number of pages:5
`3. Each plaintiff named above is a competent adult
`a. D
`except plaintiff (name):
`(1) D a corporation qualified to do business in California
`(2) D an unincorporated entity (describe):
`(3) D a public entity (describe):
`(4) D
`a minor D
`an adult
`(a) D
`for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
`(b) D
`other (specify):
`(5) D other (specify) :
`except plaintiff (name):
`(1) D
`a corporation qualified to do business in California
`(2) D
`an unincorporated entity (describe):
`(3) D
`a public entity (describe):
`(4) D
`a minor D
`an adult
`(a) D
`for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
`(b) D
`other (specify):
`(5) D other (specify):
`
`b. D
`
`D
`Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
`Form Approved for Optional Use
`COMPLAINT-Personal Injury, Property
`Judicial Council ofCallfornia
`Damage, Wrongful Death
`PLD-PHl01 [Rev. January 1, 2007]
`
`Page 1 of 3
`Code or Civil Procedure, § 425, 12
`www.courlinfo.ca.gov
`Westlaw Doc & Form Bullde,...
`
`Electronically FILED by Superior Court of California, County of Los Angeles on 09/12/2019 09:51 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Barel,Deputy Clerk
`
`Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Laura Seigle
`
`19STCV32414
`
`

`

`SHORT TITLE: DUARDO v. CITY OF LONG BEACH. et al.
`
`CASE NUMBER:
`
`PLD-Pl-001
`
`4. D 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. [J[] except defendant (name):CITY OF LONG BEACH
`(1) D a business organization, form unknown
`(2) D a corporation
`(3) D an unincorporated entity (describe) :
`
`c. D
`
`(4) [J[] a public entity (describe):
`
`(5) D other (specify) :
`
`except defendant (name):
`(1) D
`a business organization, form unknown
`(2) D
`a corporation
`(3) D
`an unincorporated entity (describe) :
`
`a public entity (describe):
`
`(4) D
`(5) D other (specify):
`
`b. D except defendant (name):
`(1) D a business organization, form unknown
`(2) D a corporation
`(3) D an unincorporated entity (describe) :
`(4) D a public entity (describe) :
`(5) D other (specify):
`
`d. D
`
`except defendant (name):
`(1) D
`a business organization, form unknown
`(2) D
`a corporation
`(3) D
`an unincorporated entity (describe) :
`
`(4) D
`
`(5) D
`
`a public entity (describe):
`
`other (specify) :
`
`Information about additional defendants who are not natural persons is contained in Attachment 5.
`
`6.
`
`D
`The true names of defendants sued as Does are unknown to plaintiff.
`a. [KJ Doe defendants (specify Doe numbers): 1-50
`were the agents or employees of other
`named defendants and acted within the scope of that agency or employment.
`b. [KJ Doe defendants (specify Doe numbers): 1-50
`plaintiff.
`7. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
`
`are persons whose capacities are unknown to
`
`8.
`
`This court is the proper court because
`a. D at least one defendant now resides in its jurisdictional area.
`b. D
`the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
`c. [KJ injury to person or damage to personal property occurred in its jurisdictional area.
`d. D other (specify) :
`
`9.
`
`[JO Plaintiff is required to comply with a claims statute, and
`a. [KJ has complied with applicable claims statutes, or
`b. D
`is excused from complying because (specify):
`
`PLD-Pl-001 [Rev. January 1, 2007]
`
`COMPLAINT-Personal Injury, Property
`Damage, Wrongful Death
`
`Page2 of 3
`
`

`

`SHORT TITLE: DUARDO v. CITY OF LONG BEACH. et al.
`
`CASE NUMBER:
`
`PLD-Pl-001
`
`10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
`causes of action attached):
`a. D Motor Vehicle
`b. OD General Negligence
`c. D
`Intentional Tort
`d. D Products Liability
`e. OD Premises Liability
`f. D Other (specify):
`
`11. Plaintiff has suffered
`a. OD wage loss
`b. OD loss of use of property
`c. DD hospital and medical expenses
`d. OD general damage
`e. OD property damage
`f. OD loss of earning capacity
`g. 0D other damage (specify}: FUTURE LOSS OF EARNINGS AND FUTURE MEDICAL EXPENSES. FOR
`INTEREST AS PERMITTED BY THE LAW.
`
`12. D
`The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
`a. D
`listed in Attachment 12.
`b. D 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
`(1) [X] compensatory damages
`a.
`(2) D
`punitive damages
`The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
`(1) DO according to proof
`(2) OD in the amount of: $ OVER $25,000.00.
`15. [X] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
`PREM.L-1; PREM.L-2; PREM.L-4; PREM.-L5; and GN-1
`
`16.
`
`DE !At 0 FOR JURY TRIAL: PLAINTl!,"f HEREBY o gMAND
`
`Date:August 29, 2019
`
`Steven L. Mazza. Esg.
`(TYPE OR PRINT NAME)
`
`PLD-Pl-001 [Rev, January 1, 2007]
`
`►
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`Page3 of3
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`

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`SHORT TITLE: DUARDO v. CITY OF LONG BEACH, et al.
`
`CASE NUMBER:
`
`PLD-Pl-001 (4)
`
`FIRST
`(number)
`
`CAUSE OF ACTION-Premises Liability
`
`Page 4 ___ _
`
`[J[] Complaint D Cross - Complaint
`ATTACHMENT TO
`(Use a separate cause of action form for each cause of action.)
`
`Prem.L-1. Plaintiff (name):MARTHA DUARDO, an Individual
`alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
`On (date):October 8, 2018
`plaintiff was injured on the following premises in the following
`
`fashion (description of premises and circumstances of injury): Plaintiff sustained iniuries while riding a scooter and the
`
`wheel encountered an uneven/raised portion of the road which was owned, maintained. repaired. managed and/or controlled by
`
`defendants, which caused Plaintiff to be thrown from the scooter. Defendants are responsible for their failure to provide a safe, suitable
`
`and adequate premises. Plaintiff is informed and believes and thereon alleges that said hazardous, dangerous condition was caused by
`
`Defendants and/or existed for a sufficient time prior to the incident for Defendants to have corrected, removed. and/or warned Plaintiff
`
`of the existence of said condition. which Defendants negligently and carelessly failed to do. causing serious injuries to Plaintiff.
`
`Defendants are liable to Plaintiff pursuant to, among other statutes, Government Code Sections 815.2. 820 and 835.
`Prem.L-2. DD Count One-Negligence The defendants who negligently owned, maintained, managed and
`operated the described premises were (names):
`
`Prem.L-3.
`
`DD Does ----'------ to
`50
`D 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):
`
`D Does
`to
`- - -- - -
`an invited guest D
`Plaintiff, a recreational user, was D
`a paying guest.
`Prem.L-4. DD Count Three-Dangerous Condition of Public Property The defendants who owned public property
`on which a dangerous condition existed were (names): CITY OF LONG BEACH. a public entity: and
`
`DD Does _____ to
`50
`a. DD The defendant public entity had DD actual OD constructive notice of the existence of the
`dangerous condition in sufficient time prior to the injury to have corrected it.
`b. 00 The condition was created by employees of the defendant public entity.
`Prem.L-5. a. OD 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): CITY OF LONG BEACH. a
`public entitv: and
`
`00 Does
`50
`to
`b. 00 The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
`D described in attachment Prem.L-5.b
`[JO as follows (names): Defendants. and each of them.
`failed to provide a safe, suitable and adequate premises are, CITY OF LONG BEACH, a public
`entitv: and DOES I to 50, Inclusive
`
`Form Approved for Optional Use
`Judicial Council of California
`PLD-Pl-001 (4) [Rev. January 1, 20071
`
`CAUSE OF ACTION-Premises Liability
`
`Pa e 1 of 1
`
`Code of Civil Procedure, § 425.12
`www.courtinfo.ca.gov
`Westlaw Doc & Fom1 Builder-
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`

`

`SHORT TITLE: DUARDO v. CITY OF LONG BEACH, et al.
`
`CASE NUMBER:
`
`CAUSE OF ACTION-General Negligence
`
`SECOND
`(number)
`ATTACHMENT TO OD Complaint D
`(Use a separate cause of action form for each cause of action.)
`
`Cross - Complaint
`
`PLD-Pl-001 (2)
`
`Page 5 -----
`
`GN-1. Plaintiff (name):MARTHA DUARDO. an Individual
`
`alleges that defendant (name):
`
`OD Does
`
`to
`
`50
`
`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 (date):October 8, 2018
`at (place): At or near Shoreline Village and Ocean Avenue, Long Beach, CA 90802
`
`(description of reasons for liability):
`
`At the above mentioned time and place Plaintiff was riding a scooter when the wheel got caught on the uneven/raised
`portion of the roadway, causing Plaintiff to be thrown from her scooter, resulting in serious injuries to Plaintiff.
`
`Defendants negligently caused said injuries in that defendants negligently maintained, inspected, repaired, managed,
`supervised and controlled said road such that the dangerous conditions was placed in or allowed to remain in the road and
`without adequate or any warning; defendants negligently hired, trained, supervised, controlled and monitored employees
`and agents responsible for the maintenance, inspection, repair, supervision, control and management of said road;
`defendants negligently failed to provide a safe, suitable and adequate premises for individuals using said premises; and
`defendants negligently failed to warn Plaintiff of the risks which Defendants knew, or in the existence of reasonable care
`would have known, that individuals were unaware of such condition.
`
`Defendants are liable to Plaintiff pursuant to, any other statutes, Government Code Sections 815.2, 820 and 835.
`
`Form Approved for Optional Use
`Judicial Council of California
`PLD-Pl-001 (2) [Rev. January 1, 2007)
`
`CAUSE OF ACTION-General Negligence
`
`Page 1 of 1
`Code of Civil Procedure 425.12
`www.courtinlo.ca.gov
`Westlaw Doc & Form Builder
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