Electronically FILED by Superior Court of California, County of Los Angeles on 10/03/2019 02:54 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Vargas,Deputy Clerk
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`Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Laura Seigle
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`19STCV35469
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`

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`PLD-Pl-001
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`SHORT TITLE:
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`CASE NUMBER:
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`
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`HEARD v. CITY OF LONG BEACH, et al.
`
`4. [:1 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
`except defendant (name): CITY OF LONG BEA c. E] except defendant (name):
`(1) i:] a business organization, form unknown
`(1) l:] a business organization, form unknown
`(2) I: a corporation
`(2) E a corporation
`(3) :1 an unincorporated entity (describe):
`(3) :1 an unincorporated entity (describe):
`
`(4)
`
`a public entity (describe):
`city
`(5) [:1 other (specify):
`
`(4) I: a public entity (describe):
`
`(5) I:I other (specify):
`
`except defendant (name): NEUTRON HOLDIN d. E] except defendant (name):
`(1) II a business organization, form unknown
`(1) [:1 a business organization. form unknown
`(2)
`a corporation
`(2) l:] a corporation
`(3) I:] an unincorporated entity (describe):
`(3) I:] an unincorporated entity (describe):
`
`(4) [:1 a public entity (describe):
`
`(4) C] a public entity (describe):
`
`(5) [:1 other (specify):
`
`(5) I: other (specify):
`
`:1 Information about additional defendants who are not natural persons is contained in Attachment 5.
`
`The true names of defendants sued as Does are unknown to plaintiff.
`were the agents or employees of other
`Doe defendants (specify Doe numbers):
`1 t0 25
`named defendants and acted within the scope of that agency or employment.
`
`Doe defendants (specify Doe numbers): 26 to 50
`are persons whose capacities are unknown to
`plaintiff.
`
`[:1 Defendants who are joined under Code of Civil Procedure section 382 are (names):
`
`This court is the proper court because
`a. I:] at least one defendant now resides in itsjurisdictional area.
`b. :1 the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
`injury to person or damage to personal property occurred in itsjurisdictional area.
`d. [:| other (specify):
`
`9. [3 Plaintiff is required to comply with a claims statute, and
`a. I:] has complied with applicable claims statutes, or
`b. E is excused from complying because (specify):
`
`

`

`
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`CASE NUMBER:
`
`PLD-Pl-001
`
`SHORT TITLE:
`
`HEARD v. CITY OF LONG BEACH, et al.
`
`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. I: Motor Vehicle
`General Negligence
`. D Intentional Tort
`Products Liability
`Premises Liability
`f. [:1 Other (specify):
`
`11. Plaintiff has suffered
`
`wage loss
`CI loss of use of property
`hospital and medical expenses
`general damage
`[:1 property damage
`loss of earning capacity
`other damage (specify):
`
`Future medical specials.
`
`12. I: The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
`a. :1 listed in Attachment 12.
`b. l: as follows:
`
`13. The relief sought in this complaint is within the jurisdiction of this court.
`
`14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for
`(1)
`compensatory damages
`(2) l: punitive damages
`The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
`(1)
`according to proof
`(2) E] inthe amount of: $
`
`
`
`Date: October
`
`, 2019
`
`Philip P. DeLuca, Esq.
`(TYPE OR PRINT NAME)
`
`
`

`

`SHORT TITLE:
`
`HEARD V. CITY OF LONG BEACH, et al.
`
`
`
`CASE NUMBER.
`
`PLD-Pl-001 (4)
`
`FIRST
`
`(number)
`
`CAUSE OF ACTION—Premises Liability
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`Page
`
`4
`
`[3 Cross - Complaint
`Complaint
`ATTACHMENT To
`(Use a separate cause of action form for each cause of action.)
`
`Prem.L-1. Plaintiff (name): ASHLEY HEARD and JASON HEARD
`alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
`On (date): July 3, 2019
`plaintiff was injured on the following premises in the following
`
`fashion (description ofpremises and circumstances of injury):
`See Attachment "1".
`
`Prem.L-2.
`
`Count One—Negligence The defendants who negligently owned, maintained. managed and
`operated the described premises were (names):
`
`Does
`
`1
`
`to 50, Inclusive
`
`Prem.L—3.
`
`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):
`
`CITY OF LONG BEACH; and
`
`Does
`
`I
`
`to 50, Inclusive
`
`Prem.L-4.
`
`Plaintiff, a recreational user, was CI an invited guest [3 a paying guest.
`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; and
`
`-Does1
`
`to 50,1nclusive
`
`Prem.L-5. a.
`
`a.
`
`actual Ci constructive notice of the existence of the
`The defendant public entity had
`dangerous condition in sufficient time prior to the injury to have corrected it.
`b- E The condition was created by employees of the defendant public entity.
`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):
`
`Does 26
`
`to 50,1nclusive
`
`b.
`
`The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
`:1 described in attachment Prem.L-5.b
`as follows (names):
`
`DOES 26 to 50, Inclusive
`
`Pa e 1 on
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`

`

`
`
`SHORT TITLE:
`
`CASE NUMBER:
`
`MC-025
`
`HEARD v. CITY OF LONG BEACH, et al.
`
`
`
`ATTACHMENT (Number): "1"
`
`(This Attachment may be used with any Judicial Council form.)
`On or about July 3, 2019, 3:14 pm, Plaintiff, ASHLEY HEARD was operating a Lime electric scooter with
`her legal spouse, JASON HEARD observing nearby on one of Defendant, CITY OF LONG BEACH’s streets,
`to wit, believed to be Windsor Way, adjacent to Queen Mary parking lot when Mrs. HEARD suddenly hit a
`large and deep pothole causing her to fall from said Lime scooter and suffered severe permanent and
`personally disfiguring injuries, to wit, right shoulder soreness radiating into right wrist, right hip soreness
`aggravation of pre—existing condition (torn ACL) various dislocations on right knee, fractured right tibia with
`insertion of plate and screws, fifty (50) staples on back of leg, blisters with drain, right ankle with severe
`bruising, road rash on right of her arm, wrist, legs and body, permanent scarring throughout her body.
`Moreover, Mrs. HEARD suffers from severe emotional distress and aggravation of pre-existing conditions and
`was unusually susceptible as to emotional distress, anxiety-panic disorder, major depressive disorder and
`Thyroid condition, respectively. Mrs HEARD has been experiencing panic/anxiety attacks since the accident;
`she has had several panic attacks (2 per day), insomnia, and when she falls sleep she wakes up screaming,
`possible PTSD, and her husband has to wake her out of it. Damages are ongoing and continuous as a result of
`Defendant, CITY OF LONG BEACH's dangerous condition of public property at the location in question.
`Moreover, Mrs. HEARD has had surgeries involving permanent placement of metal hardware, including, but
`not limited to plates and screws, and will need future surgeries to correct and revise her condition.
`
`As a result of observing his legal spouse, ASHLEY HEARD suffer from the permanently disfiguring personal
`injuries, JASON HEARD is claiming negligent infliction of severe emotional distress. He is also claiming loss
`of consortium due to the damages suffered to the marital relationship in terms of companionship, moral
`support and/or intimacy and related issues arising out of the wrongful injury to his spouse.
`
`Defendant, CITY OF LONG BEACH and DOES 1 to 50 and each of them negligently owned, possessed,
`operated, controlled, managed, and/or maintained their premises and/or failed to warn of a dangerous condition
`of their premises and/or make it safe for patrons, including Plaintiffs, ASHLEY HEARD and JASON HEARD,
`thereby, actually, legally, and/or proximately causing their injuries and damages.
`
`(If the item that this Attachment concerns is made under penalty ofperjury, all statements in this
`Attachment are made underpenalty ofperjury.)
`
`
`Page
`5
`of
`7
`(Add pages as required)
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`

`

`SHORT TITLE:
`
`HEARD v. CITY OF LONG BEACH, et a1.
`
`
`
`CASE NUMBER.
`
`PLD-PI-001 (2)
`
`SECOND
`(number)
`
`CAUSE OF ACTION—General Negligence
`
`Page
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`6
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`ATTACHMENTTO
`
`Complaint :1 Cross-Complaint
`
`(Use a separate cause of action form for each cause of action.)
`
`GN-1. Plaintiff (name): ASHLEY HEARD and JASON HEARD
`
`alleges that defendant (name): NEUTRON HOLDINGS, INC. dba LIME; and
`
`1:] Does
`
`1
`
`to
`
`50, 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 (date): July 3, 2019
`at (place): believed to be Windsor Way, adjacent to Queen Mary parking lot, Long Beach, CA 90807.
`
`(description of reasons for liability):
`
`Plaintiff, ASHLEY HEARD was operating a Lime electric scooter rented from Defendants and
`each of them with her legal spouse, JASON HEARD observing nearby when Mrs. HEARD
`suddenly hit a large and deep pothole causing her to fall from said Lime scooter and suffered
`severe permanent and personally disfiguring injuries, to wit, right shoulder soreness radiating into
`right wrist, right hip soreness aggravation of pre-existing condition (torn ACL) various
`dislocations on right knee, fractured right tibia with insertion of plate and screws, fifty (50)
`staples on back of leg, blisters with drain, right ankle with severe bruising, road rash on right of
`her arm, wrist, legs and body, permanent scarring throughout her body. Moreover, Mrs. HEARD
`suffers from severe emotional distress and aggravation of pre—existing conditions and was
`unusually susceptible as to emotional distress, anxiety-panic disorder, major depressive disorder
`and Thyroid condition, respectively. Mrs HEARD has been experiencing panic/anxiety attacks
`since the accident; she has had several panic attacks (2 per day), insomnia, and when she falls
`sleep she wakes up screaming, possible PTSD, and her husband has to wake her out of it.
`Damages are ongoing and continuous as a result of Defendant, CITY OF LONG BEACH'S
`dangerous condition of public property at the location in question. Moreover, Mrs. HEARD has
`had surgeries involving permanent placement of metal hardware, including, but not limited to
`plates and screws, and will need fiiture surgeries to correct and revise her condition.
`
`As a result of observing his legal spouse, ASHLEY HEARD suffer from the permanently
`disfiguring personal injuries, JASON HEARD is claiming negligent infliction of severe emotional
`distress. He is also claiming loss of consortium due to the damages suffered to the marital
`relationship in terms of companionship, moral support and/or intimacy and related issues arising
`out of the wrongful injury to his spouse.
`
`Defendants, DOES 1 to 50 and each of them negligently owned, possessed, operated, controlled,
`managed, and/or maintained their premises and/or failed to warn of a dangerous condition of their
`premises and/or make it safe for patrons, including Plaintiffs.
`
`Page1 ot1
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`

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`PLD-Pl-001 (5)
`
`SHORT TITLE:
`CASE NUMBER:
`
`HEARD v. CITY OF LONG BEACH, et al.
`
`
`
`THIRD
`
`(number)
`
`
`CAUSE OF ACTION—Products Liability
`Page
`7
`
`Complaint B Cross - Complaint
`ATTACHMENT TO
`(Use a separate cause of action form for each cause of action.)
`Plaintiff (name): ASHLEY HEARD and JASON HEARD
`
`plaintiff was injured by the following product:
`July 3, 2019
`Prod. L-1. On or about (date):
`a Lime electn'c scooter, manufactured, owned, rented, and/or distributed by NEUTRON HOLDINGS,
`INC. dba LIME
`
`Prod. L-2. Each of the defendants knew the product would be purchased and used without inspection for defects.
`The product was defective when it left the control of each defendant. The product at the time of injury
`was being
`E] used in the manner intended by the defendants.
`used in the manner that was reasonably foreseeable by defendants as involving a substantial danger not
`readily apparent. Adequate warnings of the danger were not given.
`Prod. L-3. Plaintiff was a
`
`I: purchaser of the product.
`Cl bystander to the use of the product.
`
`user of the product.
`other (specify):
`renter of the product.
`PLAINTIFF'S INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING:
`Prod. L- 4.
`Count One—Strict liability of the following defendants who
`a.
`manufactured or assembled the product (names):
`NEUTRON HOLDINGS, INC. dba LIME; and
`
`Does 1
`
`to 50, Inclusive
`
`b.
`
`designed and manufactured component parts supplied to the manufacturer (names):
`
`Does 26
`
`to 50, Inclusive
`
`c.
`
`sold the product to the public (names):
`NEUTRON HOLDINGS, INC. dba LIME; and
`
`Prod. L-5.
`
`Prod. L-6.
`
`Prod. L-7.
`
`Does 1
`to 50, Inclusive
`Count Two—Negligence of the following defendants who owed a duty to plaintiff (names):
`NEUTRON HOLDINGS, INC. dba LIME; and
`Does
`l
`to 50, Inclusive
`Count Three—Breach of warranty by the following defendants (names):
`NEUTRON HOLDINGS, INC. dba LIME; and
`Does l
`to 50, Inclusive
`who breached an implied warranty
`a.
`b. E who breached an ex ress warranty which was
`l:l written
`ii oral
`The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
`l:l listed in Attachment-Prod. L-7
`as follows:
`NEUTRON HOLDINGS, INC. dba LIME; and DOES 1 to 50, Inclusive
`
`Page 1 on
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`