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1 Alice Chen Smith, Bar #251654
ELECTRONICALLY
asmith(^.vokasmith.com
2 Linette J. Yoon, Bar #322716 F I L E D
Superior Court of California,
lvoon(a)vokasmith.com County of San Francisco
3
YOKA & SMITH,LLP
12/13/2019
4 445 South Figueroa St., Floor Clerk of the Court
BY: DAVID YUEN
Los Angeles, California 90071 Deputy Clerk
5 Phone: (213)427-2300
Fax: (213)427-2330
6
Attorneys for Defendant, FITNESS INTERNATIONAL,LLC dba CITY SPORTS CLUB (also
7 erroneously sued and served herein as "CITY SPORTS CLUB")
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO - CIVIC CENTER COURTHOUSE
10
11 CARMEN LAU, Case No.: CGC-19-576240
{Assigned to Hon. Garrett L. Wong, Dept.
12
Plaintiff,
"206"; Law and Motion Judge: Hon. Ethan P.
Schulman, Dept. "302")
13
-vs-
DECLARATION OF LINETTE J YOON
14
IN SUPPORT OF DEFENDANT FITNESS
15 FITNESS INTERNATIONAL,LLC,CITY INTERNATIONAL,LLC dba CITY
SPORTS CLUB,and DOES 1 to 20 INCLUSIVE, SPORTS CLUB'S MOTION FOR
16 SUMMARY JUDGMENT OR,IN THE
ALTERNATIVE,SUMMARY
17
Defendants. ADJUDICATION
18
[Filed concurrently with Separate Statement of
19 Undisputed Material Facts; Declaration of
Christy Pham; Declaration ofJames Barnes-
20
Perry; Declaration ofJasdeep Singh;
21 Declaration ofChristy Pham; and[Proposed]
Order]
22
DATE: February 27,2020
23
TIME: 9:30 a.m.
24 DEPT.: 302
Reservation No.: 011120227-05
25
Complaint Filed: May 24,2019
26
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1
DECLARATION OF LINETTE J. YOON IN SUPPORT OF DEFENDANT FITNESS INTERNATIONAL,LLC'S
MOTION FOR SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY ADJUDICATION
1 DECLARATION OF LINETTE J. YOON
2 I, LINETTE J. YOON,hereby declare and state:
3 1. I am an attorney at law duly licensed to practice before all courts of the State of
4 California and am an associate in the law firm of Yoka & Smith, LLP, attorney of record herein for
5 defendant, FITNESS INTERNATIONAL, LLC (hereinafter "Fitness"). I make this declaration in
6 support of Fitness' Motion for Summary Judgment or, in the alternative. Summary Adjudication. I
7 am competent to testify as to the following matters based upon my personal knowledge, except as
8 those matters which are explicitly set forth as based upon my information and belief and, as to
9 such matters, I am informed and believe that they are true and correct.
10 2. Plaintiff filed the operative complaint, alleging premises liability and general
11 negligence, against Fitness International, LLC, and DOES 1 through 20, inclusive, on May 24,
12 2019. Attached hereto as Exhibit "B" is a true and correct copy of plaintiff. Carmen Lau's
13 ("Plaintiff), Complaint.
14 3. Plaintiff alleges that she fell into a "hole" in the women's sauna on the date of the
15 incident. While the sauna has a dual level bench, the area where Plaintiff alleges the incident
16 occurred does not have the first level bench underneath it in order to accommodate the heating
17 unit.
18 4. Attached hereto as Exhibit "C" is a true and correct copy of Fitness' Requests for
19 Admission, Set One,to Plaintiff. (See Request for Admission Nos. 1, 3, 4.)
20 5. Attached hereto as Exhibit "D" is a true and correct copy of Plaintiffs Responses
21 to Fitness' Requests for Admission, Set One. (See Plaintiffs Responses to Request for Admission
22 Nos. 1,3,4.)
23 6. Attached hereto as Exhibit "E" is a true and correct copy of Fitness' Special
24 Interrogatories, Set One,to Plaintiff. (See Special Interrogatory Nos. 10, 25.)
25 7. Attached hereto as Exhibit "F" is a true and correct copy of Plaintiffs Responses
26 to Fitness' Special Interrogatories, Set One. (See Plaintiffs responses to Special Interrogatory
27 Nos. 10,25.)
28
2
DECLARATION OF LINETTE J. YOON IN SUPPORT OF DEFENDANT FITNESS INTERNATIONAL,LLC'S
MOTION FOR SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY ADJUDICATION
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct.
3 Executed this \f^ day of December,2019,in Los^^geleL California.
4
5 LINETTE J. YGON,Declarant
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DECLARATION OF LINETTE J. YOON IN SUPPORT OF DEFENDANT FITNESS INTERNATIONAL,LLC'S
MOTION FOR SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY ADJUDICATION
EXHIBIT B
PLD-PI-OOl
ATIORN^ OR PARTY wiTKOUT ATTORNgr (/vomo. SfflM 8at number, ami odHossi: FOR COURT USE ONLY
— MA1THEW J. QUINLAN,ESQ.(SDN: 236507)
DANIEL R. AGUILAR, ESQ.(SBN: 314927)
Law Oniccs of Mallhew J. Quinlan
3223 Webster St., San Francisco, CA 94123
TELEPHONE NO; (415)345-4282 PAXNo-fOottwao: (415)346-8987
eJAM.ADDRESSfopitoufl:
niquinlan@mjqlaw.com
ATTORNEY PGR(Nome;: Plaintiff Carmen LAU
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllistcr Street
MAILING ADDRESS;
,I. LED
CITY AND ZIP CODE: $30 Ffancisco
94102
BRANCH NAME; Civic Ccntcr Courthouse
PLAINTIFF: CARMEN LAU MAY 24 2019
oefenoant:FITNESS INTERNATIONAL,LLC,
CITY SPORTS CLUB and utyGetk
CapoesiTO 20. INCLUSIVE
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
I IAMENDED (Number):
Type(check all that apply): Premises Liability
o MOTOR VEHICLE [Z)OTHER fspec/iy):General Negligence
Property Damage LJ Wrongful Death
I✓I Personal injury I I Other Damages (specify):
Jurisdiction (check all that apply): CASENUM8ER:
I IACTION 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
FTH ACTION IS AN UNLIMITED CIVIL CASE(exceeds $25,000)
I I ACTION IS RECLASSIFIED by this amended complalntfsxt
I I from limited to unlimited
CD from unlimited to limited
1. Plaintiff(name ornames): CARMEN LAU
alleges causes of action against defendant(name or names):
FITNESS INTERNATIONAL,LLC and CITY SPORTS CLUB
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. I I except plaintiff fname); BY FAX
(1) I I a corporation qualified to do business In California ONE LEG.U aC
(2) I I an unincorporated entity (describe):
(^)CD a public entity(describe):
(4) I I a minor1 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 fspecr/y):
(5) I I other (specify):
b. I I except plaintiff(name):
(1) I I a corporation qualified to do business in California
(2) I I an unincorporated entlly (describe):
(3)0 a public entity (describe):
(4)0 a minor o an adult
(a) I I for whom a guardian or ccnservalor of the estate or a guardian ad litem has been appointed
(b) I I other (spedfy):
(5) I I other (specify):
o Information about additional plaintiffs who are not competent adults is shown in Allachmenl 3. . Pjfle t o» a
COMPLAINT—Personal Injury, Property Co«l« ol CSva Praccoure.9425.12
www.coiufWacagov
PU>-Pt4)01 [Rov,JsRua/y 1,2007] Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
LAU V. FITNESS INTERNATIONAL,LLC,et al.
4. I I Plaintiff {name): «
is doing business under the fictitious name (spedfy):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. I ✓ I except defendant(name):City Sports Club c. I i except defendant(name):
(1) t ✓ I a business organization,form unknown (D CD a business organization, form unknown
(2) I I a corporation (2) CD a corporation
(3) I I an unincorporated entity (describe): (3)â–¡ an unincorporated entity (describe):
(4) I I a public entity (describe): (D â–¡ a public entity (describe):
(5) I I other(spedfy): (5) CD other (^edfy):
Fitness
b. i ✓ i except defendant finame^.'Jntemational, LLC d. I I except defendant(name):
(DO a business organization, form unknown (1) I I a business organization,form unknown
(2) I I a corporation (2) I I a corporation
(3) I I an unincorporated entity (describe): (3) I i an unincorporated entity (describe):
(4) I I a public entity (describe): (D â–¡ a public entity (describe):
(5) I I other (spedfy): (5) I i other fspec/iy;.-
limited liablity company
I 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.
*
a. i ✓ i Doe defendants(spedfy Doe numbers): ^ (0 were the agents or employees of other
named defendants and acted within the scope of thai agency or employment.
b, I ✓ I Doe defendants(spedfy Doe numbersJ: ^ ^ tO 20 are persons whose capacities are unknown to
plaintiff.
r I Defendants who are joined under Code of Civil Procedure section 382 are (names):
This court is the proper court because
a. i I at least one defendant now resides in its jun'sdictional area.
b. 1 I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. I ✓ I injury to person or damage to personal property occurred in its jurisdictional area.
d. I I other (spedfy):
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 (spedfy):
PlO'mOl fRov.Jama/y 1.2007) COMPLAINT—'Personal Injury, Property Pago 2of 3
Damage, Wrongful Death
PLD-PI-OOI
SHORT TITLE; CASE NUMBER:
LAU V. FJTNESS INTERNATIONAL,LLC,et al.
10. The foElowing causes of action are attached and the statements above apply to each (each complaint must have one or more
causes ofaction attached):
a. I I lyiotor Vehicle
b. General Negligence
c. â–¡ Intentional Tort
d. I I Products Liability f
e. I ✓ I Premises Liability
f. I I Olher (specify):
.
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
I. I I loss of earning capacity
g. I I other damage fepBc//VJ;
12. I I The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. I I listedin Attachment 12.
b. CD 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 I compensatory damages.
(2) I I punitive damages
The amount of damages is f&i cases for personalinjury or wrongful death, you must check(1)):
(1) I ✓ I according to proof
(2) I t in the amount of:$
15. I I The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numtiers):
Date: May 23, 2019
MATTHEW 3. QUINLAN,ESQ.
(TYPE ORPtSNT MAKE) (STOMAT^ OF PWMTIFF OR ATTORNEY)
pio.pt4ot(Rov.jamjaiy t.»oT) COMPLAINT—Personal Injury, Property v L/ posesois
Damage, Wrongful Death
PLD-PI-001(4
SHORT TITLE; CASE NUMBER:
LAU V. FITNESS INTERNATIONAL. LLC, ei al.
CAUSE OF ACTION—Premises Liabilitv 4
(number)
ATTACHMENT TO f✓ 1 Complaint I 1 Cross ■Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff fname;.-CARMEN LAU
â–
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (ddle):07/20/2018 plaintiff was injured on the following premises in the following
fashion (descnplion of premises and circumstances of injury):
Plaintiff sufrered a severe bum to her left forearm in the sauna at City Sports Club (3201 20th
Ave.,San Francisco, CA 94132) when she fell into a hole and onto a metal heater while
attempting to make room on the 2nd row of bench for additional patrons. The hole was
unexpectedly present because the bench immediately beneath her did not connect to the wall
the same way the bench immediately above it did and (hereby created an unexpected 18"-24"
square/rectangular void down to the floor. Further, Plaintiff was unaware of this hole and did
not see this hazard in the dark sauna due to the lights being non-functional/bumed out.
Prem.L-2. Count One-Negligence The defendants who negllgenily owned, maintained, managed and
operated the described premises were (names):
HTNESS INTERNATIONAL. CITY SPORTS CLUB,and
IV I Does ^ to 10
Prem.L-3. O 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. stnxcture, or activity were
(names):
1 I Does to
Plaintiff. 3 recreational user, was
I Ian invited guestI 1a paying guest.
Prem.L*4. I ICount Three—Dangerous Condition of Pubtic Property The defertdants who owned public property
on which a dangerous condition existed were (names):
1 iPOBS to
8- 1 I The defendant public entity had
EZZl actual i I constructive notice of the existence of the
dangerous condition in suffident lime prior to the injury to have corrected it.
b.n The condilion was created by employees of the defendant public entity.
Prem.L-5. a. I I Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within (he scope of the agency were (names):
I i Does to
b. I I The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
I I described in attachment Prem.L-S.b
I I as follows(names):
P»aft 1 oH
fenn Appimed tor Opikml Ut«
CcuncI oT CdilorntB
CAUSE OF ACTION—Premises Liability Codo of Ov3 PrxxoOjit. S 42&12
MvtT.co(iitMB.u.$ev
nO^HX}t(«nRc«. JSiusry I. joori
PLD.P|.001(2
SHORT TITLE: CAS6 NUMBER:
LAU v. FITNESS INTERNATIONAL,LLC, et al.
SECOND CAUSE OF ACTION—General Neqliqence pane 5
(number)
ATTACHMENT TO 1 1 Complainl| j Cross - Complainl
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff CARMEN LAU
alleges that defendant fna/ne):FITNESS INTERNATIONAL, LLC. CITY SPORTS CLUB, and
I Does ^ to 20
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act. defendant
negligently caused the damage to plaintlH
on (ctaiB): 7/20/2018
at fp/ace;: City Sports Club, 3201 20th Ave., San Francisco, GA 94132 â–
(descriplion ofreasons for liabilily):
Plaintiff suffered a severe burn to her left forearm in the sauna at City Sports Club when she fell
into a hole and onto a metal healer while attempting to make room on the 2nd row of bench for
additional patrons. The hole was unexpectedly present because the bench immediately beneath
her did not connect to the wall the same way the bench immediately above it did and thereby
created an unexpected 18"-24" squaie/rectangiilar void down to the floor. Further, Plaintiff was
unaware of this hole and did not see this ha^card in the dark sauna due to the lights being non
functional/burned out.
Pago 1 of 1
"SSSS'SSi" . CAUSE OF ACTION-General Negligence
K0J^^1(2)|Rev. Jmury 1.2007]
EXHIBIT C
1 YOKA& SMITH,LLP
445 South Figueroa St., 38'*' Floor
2 Los Angeles, California 90071
Phone; (213)427-2300
3
Fax: (213)427-2330
4 Alice Chen Smith, Bar #251654
mail: asmith(a).vokasmith.com
5 Jnette J. Yoon,Bar #322716
..mail: lvoon(a)vokasmith.com
6
Attorneys for Defendant, FITNESS INTERNATIONAL,LLC dba CITY SPORTS CLUB (also
7 erroneously sued and served herein as"CITY SPORTS CLUB")
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
9 COUNTY OF SAN FRANCISCO - CIVIC CENTER COURTHOUSE
10
11 CARMEN LAU, Case No.: CGC-19-576240
{Assigned to Hon. Garrett L Wong, Dept.
12 "610")
Plaintiff,
13
14
DEFENDANT FITNESS
vs-
INTERNATIONAL,LLC'S REQUESTS
15 FOR ADMISSION,SET ONE
16 FITNESS INTERNATIONAL,LLC,
CITY SPORTS CLUB, DOES 1 TO 20,
17
INCLUSIVE,
18
Defendants.
19 Complaint Filed: May 24,2019
20
PROPOUNDING PARTY: Defendant,FITNESS INTERNATIONAL,LLC
21
RESPONDING PARTY: Plaintiff, CARMEN LAU
22
SET NO.: ONE(l)
23
24 TO PLAINTIFF,CARMEN LAU,AND HER ATTORNEYS OF RECORD HEREIN:
25
COMES NOW Defendant, FITNESS INTERNATIONAL, LLC ("Defendant"), and hereby
26
demands that Plaintiff, CARMEN LAU ("Plaintiff*), respond to the following requests for admission,
27
fully and completely in writing and under oath within thirty(30)days from the service thereof pursuant
28 to Code of Civil Procedure section 2033.010, et seq.
1
DEFENDANT FITNESS INTERNATIONAL. LLC'S REQUESTS FOR ADMISSION,SET ONE
1 DEFINITIONS
2 As used herein, words in BOLDFACE CAPITALS in these interrogatories are defined as
3 follows:
4 As used herein, the term "INCIDENT" includes the circumstances and event surrounding
5 the alleged accident, injury or other occurrence giving rise to this action.
6 As used herein, the singular name and masculine gender shall mean also the plural and feminine
7 or neuter,as may be appropriate,the conjunctive includes the disjunctive,and the disjunctive includes the
8 conjunctive; and "ALL"and "EACH"includes each and every.
9 As used herein,"PERSON"and"INDIVIDUAL"refers to and includes natural persons,as well
10 as businesses and all other artificial entities, unless otherwise limited herein. References to any corporate
11 entity shall be deemed to include all corporations,which are predecessors,subsidiaries,parents or affiliates
12 ofsuch corporate entity.
13 As used herein, the terms "YOU" and "YOUR" or "PLAINTIFF" shall refer not only to
14 CARMEN LAU, but shall also mean and include her present and former agents, guardian ad litem,
15 attomeys, investigators and all other persons known to be acting and/or piuporting to act on behalfofsaid
16 PLAINTIFF.
17 As used herein the term "DOCUMENT" shall mean all communications in a tangible form,
18 however produced or reproduced, and shall include, but shall not be limited to, the following:
19 correspondence, letters, telegrams, telexes, notes, mailgrams, memoranda, notes or summaries of
20 telephone conversations or messages, interoffice and intra-office communications, reports, financial
21 statements, income records and joumals, work sheets, schedules, diaries, drawings, sketches, graphs,
22 photographs, movies,sound reproduction tapes, videotapes, video discs, phonograph records, micro tape,
23 microfilm,computer tapes, discs, printouts, programs,or any other tangible thing which constitutes matter
24 within the scope of California Code of Civil Procedure Section 1985. The term "DOCUMENT" also
25 shall mean originals and exact copies ofreproductions ofthe above-defined "DOCUMENTS"that differ
26 in any way from the original, including because ofdeletions, notations, additions, or marginalia.
27 ///
28 ///
2
DEFENDANT FITNESS INTERNATIONAL, LLC'S REQUESTS FOR ADMISSION,SET ONE
1 As used herein,"IDENTIFY" includes information regarding name, title, address, telephone
2 number, e-mail, or other ways of contacting an individual or PERSON,or the name,information, title,
3 reference, date, subject, or other ways of naming a DOCUMENT.
4 As used herein, "SUBJECT AREA" shall mean the sauna room where the INCIDENT
5 allegedly occurred.
6 REQUEST FOR ADMISSION
7
8 REQUEST FOR ADMISSION NO.1:
9 Admit that YOU were a member of City Sports Club on the date ofthe INCIDENT.
10 REQUEST FOR ADMISSION NO.2:
11 Admit that the subject INCIDENT occurred on July 20, 2018 at the City Sports Club located at
12 3201 20*^ Ave. in San Francisco, California.
13 REQUEST FOR ADMISSION NO.3:
14 Admit that YOU signed YOUR membership agreement,attached hereto as Exhibit"A," on July
15 13,2018.
16 REQUEST FOR ADMISSION NO.4:
17 Admit that YOU signed YOUR membership agreement with City Sports Club.
18 REQUEST FOR ADMISSION NO.5:
19 Admit that YOU received a copy of YOUR membership agreement with City Sports Club.
20 REQUEST FOR ADMISSION NO.6:
21 Admit that YOU reviewed the membership agreement with City Sports Club before signing it
22 REQUEST FOR ADMISSION NO.7:
23 Admit that YOU were granted access to the City Sports Club on the date of the INCIDENT
24 pursuant to the terms ofYOUR membership agreement.
25 REQUEST FOR ADMISSION NO.8:
26 Admit that YOUR membership agreement with City Sports Club was valid and enforceable at
27 the time ofthe INCIDENT.
28 HI
3
DEFENDANT FITNESS INTERNATIONAL,LLC'S REQUESTS FOR ADMISSION.SET ONE
1 REQUEST FOR ADMISSION NO,9;
2 Admit that YOUR INCIDENT was not caused by any dangerous condition on FITNESS'
3 premises.
4 REQUEST FOR ADMISSION NO.10:
5 Admit that YOU have no evidence that YOUR INCIDENT was caused by any dangerous
6 condition on FITNESS' premises.
7 REQUEST FOR ADMISSION NO.11:
8 Admit that YOU did not give prior notice to FITNESS of any dangerous condition that YOU
9 contend caused YOUR INCIDENT.
10 REQUEST FOR ADMISSION NO.12:
11 Admit that FITNESS did not have prior actual notice of any dangerous condition that YOU
12 contend caused YOUR INCIDENT.
13 REQUEST FOR ADMISSION NO.13;
14 Admit that FITNESS did not have prior constructive notice ofany dangerous condition that YOU
15 contend caused YOUR INCIDENT.
16 REQUEST FOR ADMISSION NO.14:
17 Admit that FITNESS had no involvement with the INCIDENT that forms the basis for this
18 lawsuit.
19 REQUEST FOR ADMISSION NO,15;
20 Admit that FITNESS was not negligent in the INCIDENT that forms the basis for this
21 lawsuit.
22 REOUEST FOR ADMISSION NO.16:
23 Admit that YOU were not lawfully on the premises during the INCIDENT.
24 REOUEST FOR ADMISSION NO.17;
25 Admit that FITNESS did not breach its duty of care to YOU during the INCIDENT that
26 forms the basis for this lawsuit.
27 REOUEST FOR ADMISSION NO.18;
28 Admit that YOU had knowledge ofthe dangerous condition prior to the INCIDENT.
4
DEFENDANT FITNESS INTERNATIONAL. LLC'S REQUESTS FOR ADMISSION,SET ONE
1 REQUEST FOR ADMISSION NO.19;
2 Admit that YOU assumed the risk of injury during the INCIDENT.
3 REQUEST FOR ADMISSION NO.20:
4 Admit that YOU were warned ofthe dangerous condition prior to the INCIDENT.
5 REQUEST FOR ADMISSION NO.21;
6 Admit that there were warning signs regarding the dangerous condition prior to the
7 INCIDENT.
8 REQUEST FOR ADMISSION NO.22:
9 Admit YOU did not inform a FITNESS employee ofthe INCIDENT.
10 REQUEST FOR ADMISSION NO.23:
11 Admit that YOU are not claiming gross negligence against FITNESS.
12
13 DATED: July 1,2019 YOKA & SMITH,LLP
14
15 BY:
SMITH
16 LINBTTEJ. YOON
17
Attorneys for Defendant, FITNESS
INTERNATIONAL,LLC
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DEFENDANT FITNESS INTERNATIONAL, LLC'S REQUESTS FOR ADMISSION,SET ONE
EXHIBIT A
OITY|SPORTS(^
' CLUB
NN276BY9KIA NN276BY9KIA1336
NAME Lau, Carmen FAO/SAM MEMBERSHIP AGREEMENT
ADDRESS 128 Elmira St, San Francisco CA, 94124 E-MAIL llttostarfish@yahoo.coin
BUSINESS PHONE HOME PHONE CELL/OTHER PHONE 415-960-5449
It Is agreed by and between
ritnoss mtarnationai. ucd/b/a City Sports AUTHORIZED INITIAL PAYMENTS(MD; 000174024886999)
PAYMENT
Club CCSC)and you, the undersigned (Individually, if you are the member, and/dr as PAYMENT ACCT. AUTH. AMOUNT
agent or guardian of the member or responsibte p^)(the •Member'or'Buyers, that DATE TYPE NO. NO. (USD)
you are agreeing to a Membership from CSC as a Famiy Add-On ("FAG")to another
iNniAnoN
7/13/2018 Visa 9260 01094C S S9.98
0.00
indlviduars account (tlie 'Primary Accounf) or as orte of the Members In a Single
fee
Account Membership('SAM*) paid by the Primary Account according to the tenms on
rnsTsiAST
both pages of this FAO/SAM Membership Agreement and the current Membership
DUES t 59.98
Policies and Club Rules and Regulations provided herewith CAgreemenf).
PREPAID
P/>JD IN FULL CPIF") MEMBERSHIP:EXPIRES. OUES(PtF) t
PIF Annual Renewal Offer(detais on page 3): S_ _%tax). 59.98
0 MONTHLY DUES MEMBERSHIP = S 29.99 (+ M/A % tax). Your 0.00
recurring
monthly dues ("Duos") wiO contimied to be
billed
monthlyby
electronic fitnds transfer to your bank sccourrt ("EFT) or credit card ("CC")
59.98 SERVICES
(collectively "EFT/CC")per the *eFr/CCItEQUESTbo\9ti UNTIL YOU CANCEL â–¡ QUEST PRIVILECES
59.98
Z limited ACCESS:If checked, no entry/access after 4:00 pm, Mon-Thurs. â–¡ PAMIIY ACCESS
balance „
DUE t 0.00 â–¡ RACQUETBAU.
An Annual or Semi-Annual Foe of S
35.00 (+ n/a % tax) wfll continue to
10-13-18
be billed every J2. ntontha starting on per the *EFTKX: REQUEST â–¡ TOWELTSCRVICE
MEMSERSKtPTVPE:
betow UNTIL YOU CANCEL â–¡ NOSKLUB
JA^
MEMBER'S/BUYER'S INITIALS;.
Single Club
â–¡ parmno
You are enroDkig as either an FAO or as a Memtier of a SAM, so you currently wlB not be separately biled your monthly Dues. Only an FAO may split from the Primary Account to pay
separately; if you do so, you understand that you will be responsible for payment of Dues and you hereby authorize us to charge such Dues to the EFT/CC account you provide to CSC
at the time of such spliL bPled pursuant to the *EFT/CC Request below; If you split you win also be charged a one-time split fee of $79.
YOUR EFT/CC BILLING PATEi If this is a Monthly Dues Membership, the Primary Account Is being charged for your first and last months' Dues.
Your remaining monthly Dues will be automatically billed to and collected electronically from the Primary Account once a month on or immediately
after that same date each month ("Billing Date"), and your Annual or Seml-Annual Fee (If applicable) will be billed to the Primary Account as
provided above, until your Membership Is cancelled as provided herein; however, if you split from the Primaiy Account, your Dues (and Annual or
Seml-Annual Fee, If applicable) vrill be billed to and collected electronically from the new EFT/CC account that you provide when you split
HOW TO CANCEL YOUR DUES MEMBERSHiP FOR CONVENIENCEi In additionto any other statutory right or method of
cancellation, you may also cancel your Membership and the continued billing of monthly Dues via EFT or CC by mailing written notice of
your cancellation request to; City Sports Club, P.O. Box 54170, Irvine, CA 92619-4170. A cancellation notice postmarked at least 5 business
days before your next Billing Date should result in no further Dues billing. A cancellation notice postmarked less than 5 business days
before your next Billing Date may result in one more Dues billing. In either case, If such an additional monthly Dues billing occurs, CSC will
refund that billing. Your last month's prepaid Dues will be applied to the month after the month paid for by your final EFT or CC billing, and
your Membership will expire at the end of that prepaid last month. Until your Membership expires, you will have continued club access: PIF
Memberships may not tie cancelled in this manner.
*EFT/CC REQUEST: To the extent oermltted by law. you authorize us to Initiate separate EFT/CC charges from the account you identified and/or any replacement
accountTthe 'Arxounf) for the following amounts; (1) the Balance Due above, if not otherwise paid within 60 days after the date of this Agreement; (2) your monthly
Dues. If applicabie; (3) a monthly (for Dues Memberships) or one-time (for PIF Memberships) freeze fee if you request, and CSC permits, a freeze of your Membership
privileges; (4) a return fee up to $10 for any EFT charge returned unpaid or on a credit/debit card return: (5) the Annual or Seml-Annual Fee above, if applicable; and
(6) any other fee for personal training senrices or other goods or services we provide you from time to time if you instruct us to bill the charge to your Account on file, as
authorized tjy you at that time. Authorized EFT/CC payments may be separately initiated or. to the extent permitted by law, combined with other authorized EFT/CC
payments. You have the right to receive notice
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1 Alice Chen Smith, Bar #251654 ELECTRONICALLY asmith(^.vokasmith.com 2 Linette J. Yoon, Bar #322716 F I L E D Superior Court of California, lvoon(a)vokasmith.com County of San Francisco 3 YOKA & SMITH,LLP 12/13/2019 4 445 South Figueroa St., Floor Clerk of the Court BY: DAVID YUEN Los Angeles, California 90071 Deputy Clerk 5 Phone: (213)427-2300 Fax: (213)427-2330 6 Attorneys for Defendant, FITNESS INTERNATIONAL,LLC dba CITY SPORTS CLUB (also 7 erroneously sued and served herein as "CITY SPORTS CLUB") 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO - CIVIC CENTER COURTHOUSE 10 11 CARMEN LAU, Case No.: CGC-19-576240 {Assigned to Hon. Garrett L. Wong, Dept. 12 Plaintiff, "206"; Law and Motion Judge: Hon. Ethan P. Schulman, Dept. "302") 13 -vs- DECLARATION OF LINETTE J YOON 14 IN SUPPORT OF DEFENDANT FITNESS 15 FITNESS INTERNATIONAL,LLC,CITY INTERNATIONAL,LLC dba CITY SPORTS CLUB,and DOES 1 to 20 INCLUSIVE, SPORTS CLUB'S MOTION FOR 16 SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY 17 Defendants. ADJUDICATION 18 [Filed concurrently with Separate Statement of 19 Undisputed Material Facts; Declaration of Christy Pham; Declaration ofJames Barnes- 20 Perry; Declaration ofJasdeep Singh; 21 Declaration ofChristy Pham; and[Proposed] Order] 22 DATE: February 27,2020 23 TIME: 9:30 a.m. 24 DEPT.: 302 Reservation No.: 011120227-05 25 Complaint Filed: May 24,2019 26 27 28 1 DECLARATION OF LINETTE J. YOON IN SUPPORT OF DEFENDANT FITNESS INTERNATIONAL,LLC'S MOTION FOR SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY ADJUDICATION 1 DECLARATION OF LINETTE J. YOON 2 I, LINETTE J. YOON,hereby declare and state: 3 1. I am an attorney at law duly licensed to practice before all courts of the State of 4 California and am an associate in the law firm of Yoka & Smith, LLP, attorney of record herein for 5 defendant, FITNESS INTERNATIONAL, LLC (hereinafter "Fitness"). I make this declaration in 6 support of Fitness' Motion for Summary Judgment or, in the alternative. Summary Adjudication. I 7 am competent to testify as to the following matters based upon my personal knowledge, except as 8 those matters which are explicitly set forth as based upon my information and belief and, as to 9 such matters, I am informed and believe that they are true and correct. 10 2. Plaintiff filed the operative complaint, alleging premises liability and general 11 negligence, against Fitness International, LLC, and DOES 1 through 20, inclusive, on May 24, 12 2019. Attached hereto as Exhibit "B" is a true and correct copy of plaintiff. Carmen Lau's 13 ("Plaintiff), Complaint. 14 3. Plaintiff alleges that she fell into a "hole" in the women's sauna on the date of the 15 incident. While the sauna has a dual level bench, the area where Plaintiff alleges the incident 16 occurred does not have the first level bench underneath it in order to accommodate the heating 17 unit. 18 4. Attached hereto as Exhibit "C" is a true and correct copy of Fitness' Requests for 19 Admission, Set One,to Plaintiff. (See Request for Admission Nos. 1, 3, 4.) 20 5. Attached hereto as Exhibit "D" is a true and correct copy of Plaintiffs Responses 21 to Fitness' Requests for Admission, Set One. (See Plaintiffs Responses to Request for Admission 22 Nos. 1,3,4.) 23 6. Attached hereto as Exhibit "E" is a true and correct copy of Fitness' Special 24 Interrogatories, Set One,to Plaintiff. (See Special Interrogatory Nos. 10, 25.) 25 7. Attached hereto as Exhibit "F" is a true and correct copy of Plaintiffs Responses 26 to Fitness' Special Interrogatories, Set One. (See Plaintiffs responses to Special Interrogatory 27 Nos. 10,25.) 28 2 DECLARATION OF LINETTE J. YOON IN SUPPORT OF DEFENDANT FITNESS INTERNATIONAL,LLC'S MOTION FOR SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY ADJUDICATION 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. 3 Executed this \f^ day of December,2019,in Los^^geleL California. 4 5 LINETTE J. YGON,Declarant 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LINETTE J. YOON IN SUPPORT OF DEFENDANT FITNESS INTERNATIONAL,LLC'S MOTION FOR SUMMARY JUDGMENT OR,IN THE ALTERNATIVE,SUMMARY ADJUDICATION EXHIBIT B PLD-PI-OOl ATIORN^ OR PARTY wiTKOUT ATTORNgr (/vomo. SfflM 8at number, ami odHossi: FOR COURT USE ONLY — MA1THEW J. QUINLAN,ESQ.(SDN: 236507) DANIEL R. AGUILAR, ESQ.(SBN: 314927) Law Oniccs of Mallhew J. Quinlan 3223 Webster St., San Francisco, CA 94123 TELEPHONE NO; (415)345-4282 PAXNo-fOottwao: (415)346-8987 eJAM.ADDRESSfopitoufl: niquinlan@mjqlaw.com ATTORNEY PGR(Nome;: Plaintiff Carmen LAU SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllistcr Street MAILING ADDRESS; ,I. LED CITY AND ZIP CODE: $30 Ffancisco 94102 BRANCH NAME; Civic Ccntcr Courthouse PLAINTIFF: CARMEN LAU MAY 24 2019 oefenoant:FITNESS INTERNATIONAL,LLC, CITY SPORTS CLUB and utyGetk CapoesiTO 20. INCLUSIVE COMPLAINT—Personal Injury, Property Damage, Wrongful Death I IAMENDED (Number): Type(check all that apply): Premises Liability o MOTOR VEHICLE [Z)OTHER fspec/iy):General Negligence Property Damage LJ Wrongful Death I✓I Personal injury I I Other Damages (specify): Jurisdiction (check all that apply): CASENUM8ER: I IACTION 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 FTH ACTION IS AN UNLIMITED CIVIL CASE(exceeds $25,000) I I ACTION IS RECLASSIFIED by this amended complalntfsxt I I from limited to unlimited CD from unlimited to limited 1. Plaintiff(name ornames): CARMEN LAU alleges causes of action against defendant(name or names): FITNESS INTERNATIONAL,LLC and CITY SPORTS CLUB 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. I I except plaintiff fname); BY FAX (1) I I a corporation qualified to do business In California ONE LEG.U aC (2) I I an unincorporated entity (describe): (^)CD a public entity(describe): (4) I I a minor1 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 fspecr/y): (5) I I other (specify): b. I I except plaintiff(name): (1) I I a corporation qualified to do business in California (2) I I an unincorporated entlly (describe): (3)0 a public entity (describe): (4)0 a minor o an adult (a) I I for whom a guardian or ccnservalor of the estate or a guardian ad litem has been appointed (b) I I other (spedfy): (5) I I other (specify): o Information about additional plaintiffs who are not competent adults is shown in Allachmenl 3. . Pjfle t o» a COMPLAINT—Personal Injury, Property Co«l« ol CSva Praccoure.9425.12 www.coiufWacagov PU>-Pt4)01 [Rov,JsRua/y 1,2007] Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: LAU V. FITNESS INTERNATIONAL,LLC,et al. 4. I I Plaintiff {name): « is doing business under the fictitious name (spedfy): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. I ✓ I except defendant(name):City Sports Club c. I i except defendant(name): (1) t ✓ I a business organization,form unknown (D CD a business organization, form unknown (2) I I a corporation (2) CD a corporation (3) I I an unincorporated entity (describe): (3)□ an unincorporated entity (describe): (4) I I a public entity (describe): (D □ a public entity (describe): (5) I I other(spedfy): (5) CD other (^edfy): Fitness b. i ✓ i except defendant finame^.'Jntemational, LLC d. I I except defendant(name): (DO a business organization, form unknown (1) I I a business organization,form unknown (2) I I a corporation (2) I I a corporation (3) I I an unincorporated entity (describe): (3) I i an unincorporated entity (describe): (4) I I a public entity (describe): (D □ a public entity (describe): (5) I I other (spedfy): (5) I i other fspec/iy;.- limited liablity company I 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. * a. i ✓ i Doe defendants(spedfy Doe numbers): ^ (0 were the agents or employees of other named defendants and acted within the scope of thai agency or employment. b, I ✓ I Doe defendants(spedfy Doe numbersJ: ^ ^ tO 20 are persons whose capacities are unknown to plaintiff. r I Defendants who are joined under Code of Civil Procedure section 382 are (names): This court is the proper court because a. i I at least one defendant now resides in its jun'sdictional area. b. 1 I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. I ✓ I injury to person or damage to personal property occurred in its jurisdictional area. d. I I other (spedfy): 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 (spedfy): PlO'mOl fRov.Jama/y 1.2007) COMPLAINT—'Personal Injury, Property Pago 2of 3 Damage, Wrongful Death PLD-PI-OOI SHORT TITLE; CASE NUMBER: LAU V. FJTNESS INTERNATIONAL,LLC,et al. 10. The foElowing causes of action are attached and the statements above apply to each (each complaint must have one or more causes ofaction attached): a. I I lyiotor Vehicle b. General Negligence c. □ Intentional Tort d. I I Products Liability f e. I ✓ I Premises Liability f. I I Olher (specify): . 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 I. I I loss of earning capacity g. I I other damage fepBc//VJ; 12. I I The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. I I listedin Attachment 12. b. CD 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 I compensatory damages. (2) I I punitive damages The amount of damages is f&i cases for personalinjury or wrongful death, you must check(1)): (1) I ✓ I according to proof (2) I t in the amount of:$ 15. I I The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numtiers): Date: May 23, 2019 MATTHEW 3. QUINLAN,ESQ. (TYPE ORPtSNT MAKE) (STOMAT^ OF PWMTIFF OR ATTORNEY) pio.pt4ot(Rov.jamjaiy t.»oT) COMPLAINT—Personal Injury, Property v L/ posesois Damage, Wrongful Death PLD-PI-001(4 SHORT TITLE; CASE NUMBER: LAU V. FITNESS INTERNATIONAL. LLC, ei al. CAUSE OF ACTION—Premises Liabilitv 4 (number) ATTACHMENT TO f✓ 1 Complaint I 1 Cross ■Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff fname;.-CARMEN LAU ■alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (ddle):07/20/2018 plaintiff was injured on the following premises in the following fashion (descnplion of premises and circumstances of injury): Plaintiff sufrered a severe bum to her left forearm in the sauna at City Sports Club (3201 20th Ave.,San Francisco, CA 94132) when she fell into a hole and onto a metal heater while attempting to make room on the 2nd row of bench for additional patrons. The hole was unexpectedly present because the bench immediately beneath her did not connect to the wall the same way the bench immediately above it did and (hereby created an unexpected 18"-24" square/rectangular void down to the floor. Further, Plaintiff was unaware of this hole and did not see this hazard in the dark sauna due to the lights being non-functional/bumed out. Prem.L-2. Count One-Negligence The defendants who negllgenily owned, maintained, managed and operated the described premises were (names): HTNESS INTERNATIONAL. CITY SPORTS CLUB,and IV I Does ^ to 10 Prem.L-3. O 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. stnxcture, or activity were (names): 1 I Does to Plaintiff. 3 recreational user, was I Ian invited guestI 1a paying guest. Prem.L*4. I ICount Three—Dangerous Condition of Pubtic Property The defertdants who owned public property on which a dangerous condition existed were (names): 1 iPOBS to 8- 1 I The defendant public entity had EZZl actual i I constructive notice of the existence of the dangerous condition in suffident lime prior to the injury to have corrected it. b.n The condilion was created by employees of the defendant public entity. Prem.L-5. a. I I Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within (he scope of the agency were (names): I i Does to b. I I The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are I I described in attachment Prem.L-S.b I I as follows(names): P»aft 1 oH fenn Appimed tor Opikml Ut« CcuncI oT CdilorntB CAUSE OF ACTION—Premises Liability Codo of Ov3 PrxxoOjit. S 42&12 MvtT.co(iitMB.u.$ev nO^HX}t(«nRc«. JSiusry I. joori PLD.P|.001(2 SHORT TITLE: CAS6 NUMBER: LAU v. FITNESS INTERNATIONAL,LLC, et al. SECOND CAUSE OF ACTION—General Neqliqence pane 5 (number) ATTACHMENT TO 1 1 Complainl| j Cross - Complainl (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff CARMEN LAU alleges that defendant fna/ne):FITNESS INTERNATIONAL, LLC. CITY SPORTS CLUB, and I Does ^ to 20 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act. defendant negligently caused the damage to plaintlH on (ctaiB): 7/20/2018 at fp/ace;: City Sports Club, 3201 20th Ave., San Francisco, GA 94132 ■(descriplion ofreasons for liabilily): Plaintiff suffered a severe burn to her left forearm in the sauna at City Sports Club when she fell into a hole and onto a metal healer while attempting to make room on the 2nd row of bench for additional patrons. The hole was unexpectedly present because the bench immediately beneath her did not connect to the wall the same way the bench immediately above it did and thereby created an unexpected 18"-24" squaie/rectangiilar void down to the floor. Further, Plaintiff was unaware of this hole and did not see this ha^card in the dark sauna due to the lights being non functional/burned out. Pago 1 of 1 "SSSS'SSi" . CAUSE OF ACTION-General Negligence K0J^^1(2)|Rev. Jmury 1.2007] EXHIBIT C 1 YOKA& SMITH,LLP 445 South Figueroa St., 38'*' Floor 2 Los Angeles, California 90071 Phone; (213)427-2300 3 Fax: (213)427-2330 4 Alice Chen Smith, Bar #251654 mail: asmith(a).vokasmith.com 5 Jnette J. Yoon,Bar #322716 ..mail: lvoon(a)vokasmith.com 6 Attorneys for Defendant, FITNESS INTERNATIONAL,LLC dba CITY SPORTS CLUB (also 7 erroneously sued and served herein as"CITY SPORTS CLUB") SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 COUNTY OF SAN FRANCISCO - CIVIC CENTER COURTHOUSE 10 11 CARMEN LAU, Case No.: CGC-19-576240 {Assigned to Hon. Garrett L Wong, Dept. 12 "610") Plaintiff, 13 14 DEFENDANT FITNESS vs- INTERNATIONAL,LLC'S REQUESTS 15 FOR ADMISSION,SET ONE 16 FITNESS INTERNATIONAL,LLC, CITY SPORTS CLUB, DOES 1 TO 20, 17 INCLUSIVE, 18 Defendants. 19 Complaint Filed: May 24,2019 20 PROPOUNDING PARTY: Defendant,FITNESS INTERNATIONAL,LLC 21 RESPONDING PARTY: Plaintiff, CARMEN LAU 22 SET NO.: ONE(l) 23 24 TO PLAINTIFF,CARMEN LAU,AND HER ATTORNEYS OF RECORD HEREIN: 25 COMES NOW Defendant, FITNESS INTERNATIONAL, LLC ("Defendant"), and hereby 26 demands that Plaintiff, CARMEN LAU ("Plaintiff*), respond to the following requests for admission, 27 fully and completely in writing and under oath within thirty(30)days from the service thereof pursuant 28 to Code of Civil Procedure section 2033.010, et seq. 1 DEFENDANT FITNESS INTERNATIONAL. LLC'S REQUESTS FOR ADMISSION,SET ONE 1 DEFINITIONS 2 As used herein, words in BOLDFACE CAPITALS in these interrogatories are defined as 3 follows: 4 As used herein, the term "INCIDENT" includes the circumstances and event surrounding 5 the alleged accident, injury or other occurrence giving rise to this action. 6 As used herein, the singular name and masculine gender shall mean also the plural and feminine 7 or neuter,as may be appropriate,the conjunctive includes the disjunctive,and the disjunctive includes the 8 conjunctive; and "ALL"and "EACH"includes each and every. 9 As used herein,"PERSON"and"INDIVIDUAL"refers to and includes natural persons,as well 10 as businesses and all other artificial entities, unless otherwise limited herein. References to any corporate 11 entity shall be deemed to include all corporations,which are predecessors,subsidiaries,parents or affiliates 12 ofsuch corporate entity. 13 As used herein, the terms "YOU" and "YOUR" or "PLAINTIFF" shall refer not only to 14 CARMEN LAU, but shall also mean and include her present and former agents, guardian ad litem, 15 attomeys, investigators and all other persons known to be acting and/or piuporting to act on behalfofsaid 16 PLAINTIFF. 17 As used herein the term "DOCUMENT" shall mean all communications in a tangible form, 18 however produced or reproduced, and shall include, but shall not be limited to, the following: 19 correspondence, letters, telegrams, telexes, notes, mailgrams, memoranda, notes or summaries of 20 telephone conversations or messages, interoffice and intra-office communications, reports, financial 21 statements, income records and joumals, work sheets, schedules, diaries, drawings, sketches, graphs, 22 photographs, movies,sound reproduction tapes, videotapes, video discs, phonograph records, micro tape, 23 microfilm,computer tapes, discs, printouts, programs,or any other tangible thing which constitutes matter 24 within the scope of California Code of Civil Procedure Section 1985. The term "DOCUMENT" also 25 shall mean originals and exact copies ofreproductions ofthe above-defined "DOCUMENTS"that differ 26 in any way from the original, including because ofdeletions, notations, additions, or marginalia. 27 /// 28 /// 2 DEFENDANT FITNESS INTERNATIONAL, LLC'S REQUESTS FOR ADMISSION,SET ONE 1 As used herein,"IDENTIFY" includes information regarding name, title, address, telephone 2 number, e-mail, or other ways of contacting an individual or PERSON,or the name,information, title, 3 reference, date, subject, or other ways of naming a DOCUMENT. 4 As used herein, "SUBJECT AREA" shall mean the sauna room where the INCIDENT 5 allegedly occurred. 6 REQUEST FOR ADMISSION 7 8 REQUEST FOR ADMISSION NO.1: 9 Admit that YOU were a member of City Sports Club on the date ofthe INCIDENT. 10 REQUEST FOR ADMISSION NO.2: 11 Admit that the subject INCIDENT occurred on July 20, 2018 at the City Sports Club located at 12 3201 20*^ Ave. in San Francisco, California. 13 REQUEST FOR ADMISSION NO.3: 14 Admit that YOU signed YOUR membership agreement,attached hereto as Exhibit"A," on July 15 13,2018. 16 REQUEST FOR ADMISSION NO.4: 17 Admit that YOU signed YOUR membership agreement with City Sports Club. 18 REQUEST FOR ADMISSION NO.5: 19 Admit that YOU received a copy of YOUR membership agreement with City Sports Club. 20 REQUEST FOR ADMISSION NO.6: 21 Admit that YOU reviewed the membership agreement with City Sports Club before signing it 22 REQUEST FOR ADMISSION NO.7: 23 Admit that YOU were granted access to the City Sports Club on the date of the INCIDENT 24 pursuant to the terms ofYOUR membership agreement. 25 REQUEST FOR ADMISSION NO.8: 26 Admit that YOUR membership agreement with City Sports Club was valid and enforceable at 27 the time ofthe INCIDENT. 28 HI 3 DEFENDANT FITNESS INTERNATIONAL,LLC'S REQUESTS FOR ADMISSION.SET ONE 1 REQUEST FOR ADMISSION NO,9; 2 Admit that YOUR INCIDENT was not caused by any dangerous condition on FITNESS' 3 premises. 4 REQUEST FOR ADMISSION NO.10: 5 Admit that YOU have no evidence that YOUR INCIDENT was caused by any dangerous 6 condition on FITNESS' premises. 7 REQUEST FOR ADMISSION NO.11: 8 Admit that YOU did not give prior notice to FITNESS of any dangerous condition that YOU 9 contend caused YOUR INCIDENT. 10 REQUEST FOR ADMISSION NO.12: 11 Admit that FITNESS did not have prior actual notice of any dangerous condition that YOU 12 contend caused YOUR INCIDENT. 13 REQUEST FOR ADMISSION NO.13; 14 Admit that FITNESS did not have prior constructive notice ofany dangerous condition that YOU 15 contend caused YOUR INCIDENT. 16 REQUEST FOR ADMISSION NO.14: 17 Admit that FITNESS had no involvement with the INCIDENT that forms the basis for this 18 lawsuit. 19 REQUEST FOR ADMISSION NO,15; 20 Admit that FITNESS was not negligent in the INCIDENT that forms the basis for this 21 lawsuit. 22 REOUEST FOR ADMISSION NO.16: 23 Admit that YOU were not lawfully on the premises during the INCIDENT. 24 REOUEST FOR ADMISSION NO.17; 25 Admit that FITNESS did not breach its duty of care to YOU during the INCIDENT that 26 forms the basis for this lawsuit. 27 REOUEST FOR ADMISSION NO.18; 28 Admit that YOU had knowledge ofthe dangerous condition prior to the INCIDENT. 4 DEFENDANT FITNESS INTERNATIONAL. LLC'S REQUESTS FOR ADMISSION,SET ONE 1 REQUEST FOR ADMISSION NO.19; 2 Admit that YOU assumed the risk of injury during the INCIDENT. 3 REQUEST FOR ADMISSION NO.20: 4 Admit that YOU were warned ofthe dangerous condition prior to the INCIDENT. 5 REQUEST FOR ADMISSION NO.21; 6 Admit that there were warning signs regarding the dangerous condition prior to the 7 INCIDENT. 8 REQUEST FOR ADMISSION NO.22: 9 Admit YOU did not inform a FITNESS employee ofthe INCIDENT. 10 REQUEST FOR ADMISSION NO.23: 11 Admit that YOU are not claiming gross negligence against FITNESS. 12 13 DATED: July 1,2019 YOKA & SMITH,LLP 14 15 BY: SMITH 16 LINBTTEJ. YOON 17 Attorneys for Defendant, FITNESS INTERNATIONAL,LLC 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT FITNESS INTERNATIONAL, LLC'S REQUESTS FOR ADMISSION,SET ONE EXHIBIT A OITY|SPORTS(^ ' CLUB NN276BY9KIA NN276BY9KIA1336 NAME Lau, Carmen FAO/SAM MEMBERSHIP AGREEMENT ADDRESS 128 Elmira St, San Francisco CA, 94124 E-MAIL llttostarfish@yahoo.coin BUSINESS PHONE HOME PHONE CELL/OTHER PHONE 415-960-5449 It Is agreed by and between ritnoss mtarnationai. ucd/b/a City Sports AUTHORIZED INITIAL PAYMENTS(MD; 000174024886999) PAYMENT Club CCSC)and you, the undersigned (Individually, if you are the member, and/dr as PAYMENT ACCT. AUTH. AMOUNT agent or guardian of the member or responsibte p^)(the •Member'or'Buyers, that DATE TYPE NO. NO. (USD) you are agreeing to a Membership from CSC as a Famiy Add-On ("FAG")to another iNniAnoN 7/13/2018 Visa 9260 01094C S S9.98 0.00 indlviduars account (tlie 'Primary Accounf) or as orte of the Members In a Single fee Account Membership('SAM*) paid by the Primary Account according to the tenms on rnsTsiAST both pages of this FAO/SAM Membership Agreement and the current Membership DUES t 59.98 Policies and Club Rules and Regulations provided herewith CAgreemenf). PREPAID P/>JD IN FULL CPIF") MEMBERSHIP:EXPIRES. OUES(PtF) t PIF Annual Renewal Offer(detais on page 3): S_ _%tax). 59.98 0 MONTHLY DUES MEMBERSHIP = S 29.99 (+ M/A % tax). Your 0.00 recurring monthly dues ("Duos") wiO contimied to be billed monthlyby electronic fitnds transfer to your bank sccourrt ("EFT) or credit card ("CC") 59.98 SERVICES (collectively "EFT/CC")per the *eFr/CCItEQUESTbo\9ti UNTIL YOU CANCEL □ QUEST PRIVILECES 59.98 Z limited ACCESS:If checked, no entry/access after 4:00 pm, Mon-Thurs. □ PAMIIY ACCESS balance „ DUE t 0.00 □ RACQUETBAU. An Annual or Semi-Annual Foe of S 35.00 (+ n/a % tax) wfll continue to 10-13-18 be billed every J2. ntontha starting on per the *EFTKX: REQUEST □ TOWELTSCRVICE MEMSERSKtPTVPE: betow UNTIL YOU CANCEL □ NOSKLUB JA^ MEMBER'S/BUYER'S INITIALS;. Single Club □ parmno You are enroDkig as either an FAO or as a Memtier of a SAM, so you currently wlB not be separately biled your monthly Dues. Only an FAO may split from the Primary Account to pay separately; if you do so, you understand that you will be responsible for payment of Dues and you hereby authorize us to charge such Dues to the EFT/CC account you provide to CSC at the time of such spliL bPled pursuant to the *EFT/CC Request below; If you split you win also be charged a one-time split fee of $79. YOUR EFT/CC BILLING PATEi If this is a Monthly Dues Membership, the Primary Account Is being charged for your first and last months' Dues. Your remaining monthly Dues will be automatically billed to and collected electronically from the Primary Account once a month on or immediately after that same date each month ("Billing Date"), and your Annual or Seml-Annual Fee (If applicable) will be billed to the Primary Account as provided above, until your Membership Is cancelled as provided herein; however, if you split from the Primaiy Account, your Dues (and Annual or Seml-Annual Fee, If applicable) vrill be billed to and collected electronically from the new EFT/CC account that you provide when you split HOW TO CANCEL YOUR DUES MEMBERSHiP FOR CONVENIENCEi In additionto any other statutory right or method of cancellation, you may also cancel your Membership and the continued billing of monthly Dues via EFT or CC by mailing written notice of your cancellation request to; City Sports Club, P.O. Box 54170, Irvine, CA 92619-4170. A cancellation notice postmarked at least 5 business days before your next Billing Date should result in no further Dues billing. A cancellation notice postmarked less than 5 business days before your next Billing Date may result in one more Dues billing. In either case, If such an additional monthly Dues billing occurs, CSC will refund that billing. Your last month's prepaid Dues will be applied to the month after the month paid for by your final EFT or CC billing, and your Membership will expire at the end of that prepaid last month. Until your Membership expires, you will have continued club access: PIF Memberships may not tie cancelled in this manner. *EFT/CC REQUEST: To the extent oermltted by law. you authorize us to Initiate separate EFT/CC charges from the account you identified and/or any replacement accountTthe 'Arxounf) for the following amounts; (1) the Balance Due above, if not otherwise paid within 60 days after the date of this Agreement; (2) your monthly Dues. If applicabie; (3) a monthly (for Dues Memberships) or one-time (for PIF Memberships) freeze fee if you request, and CSC permits, a freeze of your Membership privileges; (4) a return fee up to $10 for any EFT charge returned unpaid or on a credit/debit card return: (5) the Annual or Seml-Annual Fee above, if applicable; and (6) any other fee for personal training senrices or other goods or services we provide you from time to time if you instruct us to bill the charge to your Account on file, as authorized tjy you at that time. Authorized EFT/CC payments may be separately initiated or. to the extent permitted by law, combined with other authorized EFT/CC payments. You have the right to receive notice