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MOA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-09-2018 11:28 am
Case Number: CGC-18-564216
Filing Date: Feb-09-2018 11:24
Filed by: ROSSALY DELAVEGA
Image: 06212980
COMPLAINT
ERNESTO PEREZ RAMIREZ VS. RNM MANAGEMENT INC. ET AL
001006212980
Instructions:
Please place this sheet on top of the document to be scanned.sWuons acon
' (CITACION JUDICIAL) {S0L0 PARA USO DE LA CORTE)
NOTICE. TO DEFENDANT:
(AVISO AL DEMANDADO):
RNM MANAGEMENT, INC., and DOES I through X,
inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
ERNESTO PEREZ RAMIREZ
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below. .
‘You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintift. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can Use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinto.ca.gov/seithelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
The name and address of the court is: CASE
(El nombre y direccion de Ja corte es): .
San Francisco County Superior Court =A
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiffs attomey, or plaintiff without an attorney, Is:
(Elnombra, fa direccién y el nimero de teléfono del abogado del demandants, o del demandante que no tiene abogado, es):
Barry Wester, Esq. (#103588) (415) 461-8220
WESTER LAW FIRM
01 Larkspur Landing Circle, Suite 227, Larksp CA 94939
B 092018
ce of this summons, use Proot of Service of S
(Para prueba de entrega de esta citacién use el formulario Proot of S d
NOTICE TO THE PERSON SERVED: You are served
4. ‘as an individual defendant.
2. as the person sued under the fictitious name of (specify):
3. CQ) on of (specify):
under:
CCP 418.10 (corporation) \P 416.80 (minor)
CCP 418.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP. 416.90 (authorized person)
other (specify):
4, (CQ by personal delivery on (date):
Page tof 4
~SUNIMONS Code of Civil Procedure §§ 412.20, 485
Se www. courtinfo.ca.gov
| teem BY FAX
ONE LEGAL LLC9° PLD-PI-001
ATTORNEY OR carat ates GA and address)
FOR COURT USE ONLY
|_ BARRY WESTER, ESQ. (#103588)
WESTER LAW FIRM
101 Larkspur Landing Circle, Suite 227
Larkspur, CA 94939
reveprone no: (415) 461-8220 Fax No (Options: (415) 461-8125
E-MAIL ADDRESS (Options
prronev or taney _ Plaintiff ERNESTO PEREZ RAMIREZ ee
SUPERIOR COURT OF eaetheee Suect OF SAN FRAN CISCO 20%
streeraporess: 400 McAllister Street
MAILING ADDRESS: Rm “gy
cyano ze cove: San Francisco, CA 94102 & Cee, 99
RANCH NAME: ‘AY MN
| PLantiFe: ERNESTO PEREZ RAMIREZ
DEFENDANT: RNM MANAGEMENT, INC., and DOES I through X, Yap
inclusive “ay
(2) boes 1 To
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
(2) AMENDED (Number) :
Jurisdiction (check all that apply) CASE NUMBER:
(CC) ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000 CG
‘exceeds $10,000, but does not exceed $25,000 “1 8
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by thie amended complaint
CC) from limited to unlimited
[2] from unlimited to limited
1. Plaintiff (name or names): ERNESTO PEREZ RAMIREZ
alleges causes of action against defendant (name or names): RNM MANAGEMENT, INC., and DOES I through X,
inclusive
2. This pleading, including attachments and exhibits, consists of the following number of pages: 4
3. Each plaintiff named above is a competent adult
a. (2) except plaintiff (name) =
(1) (2) a corporation qualified to do business in California
(2) (2). an unincorporated entity (describe) :
(3) () a public entity (describe) :
4) CQ} aminor () anadutt :
(a) C2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
“5642 16
(v) CQ other (specify) :
©) CC) other (specify) :
b. CQ except plaintiff (name) : BY FAX
(1) (.) a corporation qualified to do business in Califomia (ONE LEGAL LLC
(2) () an unincorporated entity (describe) :
(3) (.) a public entity (describe) :
(4) C3 a minor (CL) an aduit
@C for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) (L} other (specify) :
6) (C) other (specify) =
(2) Information about additional plaintiffs who are not competent adults is shown in Attachment 3. paget0t3
Form Approved tor Opti oe EB Ere COMPLAINT-Personal injury, Property Cee fe courte ce gov
cabcom
Judicial Council of California
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful DeathO- PLO-PI-001
SHORT TITLE: ~~ = NUMBER:
RAMIREZ v. RNM MANAGEMENT, INC., et al.
4. tT Plaintiff (name) :
is doing business under the fictitious name (specify) :
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. [X) except defendant (name) : c. [2] except defendant (name) :
RNM Management, Inc.
(1) (C) a business organization, form unknown (1) (C) a business organization, form unknown
(2) [(X} acorporation (2) () acorporation
(3) (L) an unincorporated entity (describe) : (3) (L] an unincorporated entity (describe) :
{4) (2) 2 public entity (describe) : (4) (2) a public entity (describe) :
(©) (Cy other (specify) : (6) (2) other (specity) :
b. Qo except defendant (name) : d. Q except defendant (name) :
(1) (a business organization, form unknown (1) (2) a business organization, form unknown
(2) a corporation (2) () acororation
(3) an unincorporated entity (describe) : (3) (.) an unincorporated entity (describe) :
(4) (Va public entity (describe) : (4) (2) a public entity (describe) :
©) Cy other (specity) ©) Co) other (specify) :
[22 Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The trie names of defendants sued as Does are unknown to plaintiff.
a WD Doe defendants (specify Doe numbers). Lthrongh V___were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [X] Doe defendants (specify Doe numbers): Vithrongh X_____are persons whose capacities are unknown to
plaintiff.
7. (0 Defendants who are joined under Code of Civil Procedure section 382 are(names):
8. This court is the proper court because
a eS at least one defendant now resides in its jurisdictional area.
b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. [&) injury to person or damage to personal property occurred in its jurisdictional area.
d. (L] other (specify):
9. ((] Plaintiff is required to comply with a claims statute, and
a. [2] has complied with applicable claims statutes,or
b. () is excused fram complying because (specify):
PLD-PI-O01 [Rev. Jenwary 4, 2007] COMPLAINT-Personal injury, Property Page nots
GE | tome ames Wrench Ceath
ceb.comSHORT TITLE: ~* C ‘CASE NUMBER:
RAMIREZ v. RNM MANAGEMENT, INC.), et al.
PLD-PI-004
140. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
11.
12.
13.
14,
15.
causes of action attached):
(2) Motor Vehicte
(CC) General Negligence
(C) intentional Tort
(L] Products Liability
(Z) Premises Liability
CC) Other (specify) :
me aogm
[2 The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a listed in Attachment 12.
b. as follows:
The relief sought in this complaint is within the jurisdiction of this court.
Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) (Z) compensatory damages
(2) (} punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) (Z)) according to proof
(2) CJ in the amount of: $
(J The paragraphs of this complaint alleged on information and belief are as follows (speci paragraph numbers) :
Date: February 8, 2018
(TYPE OR PRINT NAME) » Zee hth
PLD-PH-O01 [Rev. January 1, 2007} COMPLAINT-Personal Injury, Property
CB | Benoni Damage, Wrongful Death
cabcom eee
PagesotsoO PLD-PI-004(4)
SHORT TITLE: ~ ” CASE NUMBER:
RAMIREZ v. RNM MANAGEMENT, INC., et al.
___FIRST Ss CAUSE OF ACTION - Premises Liability Page 4
(number)
ATTACHMENT TO [XQ Complaint (C] Cross-Compiaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name): ERNESTO PEREZ RAMIREZ
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): February 10, 2016 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
On or about 2/10/16, defendants, and each of them, so negligently and carelessly,
owned, maintained, controlled, managed, operated and failed to inspect their premises
located at 135 Main Street, San Francisco, CA, so as to create, cause and allow to exist
a dangerous condition of property,to wit, stairs with an unsecured step. Defendants,
and each of them, knew or, in the existence of reasonable care and diligence, should
have known said condition created a hazard. Due to said negligence, while carrying a
heavy piece of metal with his co-workers, plaintiff stepped on the unsecured step
causing them to become off balance and the heavy metal to fall on plaintiff's arm.
Prem.L-2. (J Count One-Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were (names):
RNM MANAGEMENT, INC., and
(CQ) does Ito LX
Prem.L-3. (} Count Two-Willful Failure to Wam [Civil Code section 846] The defendant owners who willfully or
maliciously failed to guard or wam against a dangerous condition, use, structure, or activity were
(names):
Co) Does ____ to ______
Plaintiff, a recreational user, was (_] an invited guest (J a paying guest.
Prem.L-4. _[] Count Three-Dangerous Condition of Public Property The defendants who owned public property on
which a dangerous condition existed were (names):
CJ Does to ____
a. () The defendant publicentityhad [2] actual (C) constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. [} The condition was created by employees of the defendant public entity.
Prem.L-5. a. (XJ 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):
CQ) does I_._—sto X_
b. [2] The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
(C) described in attachment Prem.L-6.b []} as follows (names):
Page {off
Pegasus GAUSE OF AGTION - Premises Liability eee
0
}, 2007]
PLD-P-O01(4) (Rev. January 1, CEB | ExportCM-010
2
[ATTORNEY OR PARTY ‘ATTORNEY (Name, O- ‘and address): QO FOR COURT USE ONLY
|_ BARRY WE) TER, ESO” (#103588)
WESTER LAW FIRM
101 Larkspur Landing Circle, Suite 227 F 1 L E Dd.
Larkspur 2
Tapwoneno: (415) 461-8220 raxno: (415) 461-8125 an Francisco County perio
ATTORNEY FOR (ame): Plaintiff y
‘SUPERIOR COURT OF CALIFORNIA, CouNTY oF SAN FRANCISCO FEB 09 2018
srreeraooress 400 McAllister Street
MAILING ADDRESS:
cmvanozpcove San Francisco, CA 94102
BRANCH NAME:
CASE NAME: RAMIREZ v. RNM MANAGEMENT, INC., et al.
CIVIL CASE COVER SHEET Complex Case Designation ‘CASE NUMBER: « 4 6
(XQ) Unlimited (CZ) Limited Cd Counter CQ Joinder 2
(Amount (Amount = =
(mun ndedis | Filed wih frst appearance by defendant | "= GC
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) | beet:
Items 1-6 bolow must be completed (see instructions on page 2).
[1- Ghack one box below for tha case type that ‘Case:
‘Auto Tort Contract . Provistonatly Complex Civil Litigation
Auto (22) Breach of contractwarranty (06) (Cal. Rules of Court, rutes 3.400-3.403)
Uninsured motorist (48) Rule 3.740 collections (09) Antitrust/Trade reguiation (03)
De P Other collections (09) Construction defect (10)
eee Death} tn Insurance coverage (18) ‘Mass tort (40)
a ) Other contract (37) Securities litigation (28)
Environmental/Toxic tort (30)
Product liability (24) Real Property rance claims
Medical malpractice (45) {Q] Eminent domaininverse Insur coverage arising from the
Other PUPDIWD (23) condemnation (4) an provisionally complex case
Non-PUPDIWD (Other) Tort Weseghil evict |
‘Other real property (26) Enforcement of Judgment
Business tort/unfair business practice (07) ,
Chal rights (08) ev) Detalner (} Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Clvii Complaint
Fraud (16) Residential (32) RICO (27)
intelectual property (19) ) Drugs (38) ‘Other compiaint (not specified above) (42)
rofessional negligence (25)
Judicial Review Miscellaneous Civil Petition
Other non-PUPDAND tort (36) ‘Asset forfeiture (05) Partnership and corporate govemance (21)
Employment Petition re: arbitration award (11) Other petition (not specified above) (43)
Wrongful termination (36) ‘Writ of mandate (02)
Other employment (15) Other judicial review (39)
2. Thiscase [is [XJ isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. Large number of separately represented parties =. A Large number of witnesses
b. Extensive motion practice raising difficult or novel &. Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve. in other counties, states, or countries, or in a federal court
c. [2] Substantial amount of documentary evidence f, Substantial postjudgment judicial s i
3. Remedies sought (check all that apply): a. (KJ monetary b. (J nonmonetary; declaratory or injunctive relief c. [L) punitive
4. Number of causes of action ify); One
5. Thiscase [Dis is not a class action suit.
6. Ifthere are any known related cases, file and serve a notice of related case.(You may use form CM-015.)
Date: February 8, 2018 ~
BARRY WESTER _ pe se panerRAey >
NOTICE
. Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Fallure to file may result
in sanctions. .
File this cover sheet in addition to any cover sheet required by local court rule.
. if this case is complex under rule 3.400 et seq. of the Califomia Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
« Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of
Fi er ‘Use CIVIL CASE COVER SHEET Cs 23 7
Rae” ses i aES NS
BY FAX
ONE LEGAL LLCJ. 4 © 3°
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are fli a first (for example, a complaint) in a civil case,
Ternmlate and fie, along with your frst first the. Civil 7 Sheet ore aan (Pies information wie uted To come
statistics about the and numbers cases filed. Neu mus complete ioe | fou ton the sheet. in item 1. you must
one box for the case ‘that best describes the case. If the case fits both jeneral and a more specific type of you mug ee
check the more SA OS eee re causes of action, Check box that best indicates the primary cause of action.
To in completing the sheet, examples of the cases that under each case type in item 1 are ided below. A cover
sheet must be filed your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject @ party,
To Parties in Rule 3.740 Collections Carer more than S28, Oude rue oreel and Siomey's foes, areing horn ‘@ transaction in
Which property, SefvioBs, OF we sce a A lens cup rer ilo eons tg (tot
iy a
Seaee Y aoruca tas Sow S100 aoe cnn gn ate eg a on me
ime-for- case manageme! 1S, ul ive ‘e
case will be subject to Sree Tae ee a a judgment i fue 3.790. ne
To Parties in Complex Canes. ge-in complex cases ony pe only, parties must aleo use the Civ Case Cover Sheet to designee
completing x 2 plait mere teme | anda ie pe esignetes case the
Sia ee er tenes creme ewer
plaints designation, a counter-designatin tht the case isnot complex, o,f the plaintiff has made no designation, a designation that
CASE TYPES AND EXAMPLES
Auto Tort : Contract ot Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)-Personal injury/Property ach of Contractiweranty (08) Rules of Govt Rules 2400-3403)
Uninsured : ee Contract. (not unlawful detainer ail ae ae oo
oon ee ches a unnared ContracthWarrenty Breach-Seller Claims involving Mass Tort (40)
arbitration, check this item fei nok anal oc pecans) Environmental Toe Tort (30)
instead of Auto) iraulacs Cove Claims
‘Other PUPDIWD (Personal f Other Breach of ContractWarrai (arising from
Pine eny Demagenvrongha best) Collections (e.g., money owed, oo case type listed above) (41)
te book accounts) (08) Enforcement of Judgment
“Asbestos (04) Case-Seller Plaintiff Enforcement of Judgment
Asbestos Property Damage: Other Promissory Note/Collections Abstract of Judgment (Out of
Asbestos Personal injury/ County)
Death Insurance isionally Confession of Judgment (non-
Product Liability (not asbestos or complex) (18) domestic
(24) Auto Subrogation Sister State
ical Malpractice (46) Other Coverage Administrative Agency Award
jalpractioe- Other Contract (37) (not unpaid
Physicians & Surgeons Contractual Fraud of Entry of
Other Professional Heaith Care ‘Other Contract Dispute Judgment on Unpaid Taxes
p > Real Prope! Other Enforcement of Judgment
Premises = Liebaky (eg., slip Eminent Domain’ ia) Miscellaneous Civil Compiaint
n Wrongful Eviction (33)
Intentional Bodily Injury/PDWD Other Complaint (not specified
(e.g. assault, vandalism) Other Real Property (@.9 0, ult ie a) above) (42)
Emotional Distress x Morgane Feecaire rnc Rta ny on
Neg! lorie OF Other Real Property (not eminent
Other PYPDAWD omain, fanclondisnent, or wectn n Complai
Case ( mk x)
Non-PUPDWD (Other) Tort
‘Business TorvUnfair Business Uniawful nrc 1) Other Civil Complaint
a eee . Residential (32)
wil (@.9., discrimination, Miscellaneous Civil Petition
“ie aes nt Drugs 8) te cove inves nose Parti sn Sop
as Commercial or Residential) Governance
Detain (eg., slander, libel) Judie P Other Peon fot
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) ‘Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice inistrative Mandamus ‘Abuse
Professional Maloniction Writ-Mandarnus on Limited Court Election Contest
(not medical or legal) Case Mae ed Court Petition for Name Change
‘Other Non-PU/PD/WD Tort (35) Review Pett
em Monta Termination (36) oval of Health Offer Order Other Clvil Petition
Other Employment (15) Notice of Appeat-Labor
WTR TRON pe eeeential ~—SCSC*~*~*~*C‘WIL: GAS COVER SHEET Page Tott
CEB | Espertial CIVIL C; HE! aoe
forms
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MOA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-09-2018 11:28 am Case Number: CGC-18-564216 Filing Date: Feb-09-2018 11:24 Filed by: ROSSALY DELAVEGA Image: 06212980 COMPLAINT ERNESTO PEREZ RAMIREZ VS. RNM MANAGEMENT INC. ET AL 001006212980 Instructions: Please place this sheet on top of the document to be scanned.sWuons acon ' (CITACION JUDICIAL) {S0L0 PARA USO DE LA CORTE) NOTICE. TO DEFENDANT: (AVISO AL DEMANDADO): RNM MANAGEMENT, INC., and DOES I through X, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): ERNESTO PEREZ RAMIREZ NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. . ‘You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintift. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can Use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinto.ca.gov/seithelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property The name and address of the court is: CASE (El nombre y direccion de Ja corte es): . San Francisco County Superior Court =A 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiffs attomey, or plaintiff without an attorney, Is: (Elnombra, fa direccién y el nimero de teléfono del abogado del demandants, o del demandante que no tiene abogado, es): Barry Wester, Esq. (#103588) (415) 461-8220 WESTER LAW FIRM 01 Larkspur Landing Circle, Suite 227, Larksp CA 94939 B 092018 ce of this summons, use Proot of Service of S (Para prueba de entrega de esta citacién use el formulario Proot of S d NOTICE TO THE PERSON SERVED: You are served 4. ‘as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. CQ) on of (specify): under: CCP 418.10 (corporation) \P 416.80 (minor) CCP 418.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP. 416.90 (authorized person) other (specify): 4, (CQ by personal delivery on (date): Page tof 4 ~SUNIMONS Code of Civil Procedure §§ 412.20, 485 Se www. courtinfo.ca.gov | teem BY FAX ONE LEGAL LLC9° PLD-PI-001 ATTORNEY OR carat ates GA and address) FOR COURT USE ONLY |_ BARRY WESTER, ESQ. (#103588) WESTER LAW FIRM 101 Larkspur Landing Circle, Suite 227 Larkspur, CA 94939 reveprone no: (415) 461-8220 Fax No (Options: (415) 461-8125 E-MAIL ADDRESS (Options prronev or taney _ Plaintiff ERNESTO PEREZ RAMIREZ ee SUPERIOR COURT OF eaetheee Suect OF SAN FRAN CISCO 20% streeraporess: 400 McAllister Street MAILING ADDRESS: Rm “gy cyano ze cove: San Francisco, CA 94102 & Cee, 99 RANCH NAME: ‘AY MN | PLantiFe: ERNESTO PEREZ RAMIREZ DEFENDANT: RNM MANAGEMENT, INC., and DOES I through X, Yap inclusive “ay (2) boes 1 To COMPLAINT-Personal Injury, Property Damage, Wrongful Death (2) AMENDED (Number) : Jurisdiction (check all that apply) CASE NUMBER: (CC) ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 CG ‘exceeds $10,000, but does not exceed $25,000 “1 8 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by thie amended complaint CC) from limited to unlimited [2] from unlimited to limited 1. Plaintiff (name or names): ERNESTO PEREZ RAMIREZ alleges causes of action against defendant (name or names): RNM MANAGEMENT, INC., and DOES I through X, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. (2) except plaintiff (name) = (1) (2) a corporation qualified to do business in California (2) (2). an unincorporated entity (describe) : (3) () a public entity (describe) : 4) CQ} aminor () anadutt : (a) C2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed “5642 16 (v) CQ other (specify) : ©) CC) other (specify) : b. CQ except plaintiff (name) : BY FAX (1) (.) a corporation qualified to do business in Califomia (ONE LEGAL LLC (2) () an unincorporated entity (describe) : (3) (.) a public entity (describe) : (4) C3 a minor (CL) an aduit @C for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) (L} other (specify) : 6) (C) other (specify) = (2) Information about additional plaintiffs who are not competent adults is shown in Attachment 3. paget0t3 Form Approved tor Opti oe EB Ere COMPLAINT-Personal injury, Property Cee fe courte ce gov cabcom Judicial Council of California PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful DeathO- PLO-PI-001 SHORT TITLE: ~~ = NUMBER: RAMIREZ v. RNM MANAGEMENT, INC., et al. 4. tT Plaintiff (name) : is doing business under the fictitious name (specify) : and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. [X) except defendant (name) : c. [2] except defendant (name) : RNM Management, Inc. (1) (C) a business organization, form unknown (1) (C) a business organization, form unknown (2) [(X} acorporation (2) () acorporation (3) (L) an unincorporated entity (describe) : (3) (L] an unincorporated entity (describe) : {4) (2) 2 public entity (describe) : (4) (2) a public entity (describe) : (©) (Cy other (specify) : (6) (2) other (specity) : b. Qo except defendant (name) : d. Q except defendant (name) : (1) (a business organization, form unknown (1) (2) a business organization, form unknown (2) a corporation (2) () acororation (3) an unincorporated entity (describe) : (3) (.) an unincorporated entity (describe) : (4) (Va public entity (describe) : (4) (2) a public entity (describe) : ©) Cy other (specity) ©) Co) other (specify) : [22 Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The trie names of defendants sued as Does are unknown to plaintiff. a WD Doe defendants (specify Doe numbers). Lthrongh V___were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [X] Doe defendants (specify Doe numbers): Vithrongh X_____are persons whose capacities are unknown to plaintiff. 7. (0 Defendants who are joined under Code of Civil Procedure section 382 are(names): 8. This court is the proper court because a eS at least one defendant now resides in its jurisdictional area. b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [&) injury to person or damage to personal property occurred in its jurisdictional area. d. (L] other (specify): 9. ((] Plaintiff is required to comply with a claims statute, and a. [2] has complied with applicable claims statutes,or b. () is excused fram complying because (specify): PLD-PI-O01 [Rev. Jenwary 4, 2007] COMPLAINT-Personal injury, Property Page nots GE | tome ames Wrench Ceath ceb.comSHORT TITLE: ~* C ‘CASE NUMBER: RAMIREZ v. RNM MANAGEMENT, INC.), et al. PLD-PI-004 140. The following causes of action are attached and the statements above apply to each (each complaint must have one or more 11. 12. 13. 14, 15. causes of action attached): (2) Motor Vehicte (CC) General Negligence (C) intentional Tort (L] Products Liability (Z) Premises Liability CC) Other (specify) : me aogm [2 The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a listed in Attachment 12. b. as follows: The relief sought in this complaint is within the jurisdiction of this court. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) (Z) compensatory damages (2) (} punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) (Z)) according to proof (2) CJ in the amount of: $ (J The paragraphs of this complaint alleged on information and belief are as follows (speci paragraph numbers) : Date: February 8, 2018 (TYPE OR PRINT NAME) » Zee hth PLD-PH-O01 [Rev. January 1, 2007} COMPLAINT-Personal Injury, Property CB | Benoni Damage, Wrongful Death cabcom eee PagesotsoO PLD-PI-004(4) SHORT TITLE: ~ ” CASE NUMBER: RAMIREZ v. RNM MANAGEMENT, INC., et al. ___FIRST Ss CAUSE OF ACTION - Premises Liability Page 4 (number) ATTACHMENT TO [XQ Complaint (C] Cross-Compiaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): ERNESTO PEREZ RAMIREZ alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): February 10, 2016 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): On or about 2/10/16, defendants, and each of them, so negligently and carelessly, owned, maintained, controlled, managed, operated and failed to inspect their premises located at 135 Main Street, San Francisco, CA, so as to create, cause and allow to exist a dangerous condition of property,to wit, stairs with an unsecured step. Defendants, and each of them, knew or, in the existence of reasonable care and diligence, should have known said condition created a hazard. Due to said negligence, while carrying a heavy piece of metal with his co-workers, plaintiff stepped on the unsecured step causing them to become off balance and the heavy metal to fall on plaintiff's arm. Prem.L-2. (J Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): RNM MANAGEMENT, INC., and (CQ) does Ito LX Prem.L-3. (} Count Two-Willful Failure to Wam [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or wam against a dangerous condition, use, structure, or activity were (names): Co) Does ____ to ______ Plaintiff, a recreational user, was (_] an invited guest (J a paying guest. Prem.L-4. _[] Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): CJ Does to ____ a. () The defendant publicentityhad [2] actual (C) constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. [} The condition was created by employees of the defendant public entity. Prem.L-5. a. (XJ 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): CQ) does I_._—sto X_ b. [2] The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are (C) described in attachment Prem.L-6.b []} as follows (names): Page {off Pegasus GAUSE OF AGTION - Premises Liability eee 0 }, 2007] PLD-P-O01(4) (Rev. January 1, CEB | ExportCM-010 2 [ATTORNEY OR PARTY ‘ATTORNEY (Name, O- ‘and address): QO FOR COURT USE ONLY |_ BARRY WE) TER, ESO” (#103588) WESTER LAW FIRM 101 Larkspur Landing Circle, Suite 227 F 1 L E Dd. Larkspur 2 Tapwoneno: (415) 461-8220 raxno: (415) 461-8125 an Francisco County perio ATTORNEY FOR (ame): Plaintiff y ‘SUPERIOR COURT OF CALIFORNIA, CouNTY oF SAN FRANCISCO FEB 09 2018 srreeraooress 400 McAllister Street MAILING ADDRESS: cmvanozpcove San Francisco, CA 94102 BRANCH NAME: CASE NAME: RAMIREZ v. RNM MANAGEMENT, INC., et al. CIVIL CASE COVER SHEET Complex Case Designation ‘CASE NUMBER: « 4 6 (XQ) Unlimited (CZ) Limited Cd Counter CQ Joinder 2 (Amount (Amount = = (mun ndedis | Filed wih frst appearance by defendant | "= GC exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) | beet: Items 1-6 bolow must be completed (see instructions on page 2). [1- Ghack one box below for tha case type that ‘Case: ‘Auto Tort Contract . Provistonatly Complex Civil Litigation Auto (22) Breach of contractwarranty (06) (Cal. Rules of Court, rutes 3.400-3.403) Uninsured motorist (48) Rule 3.740 collections (09) Antitrust/Trade reguiation (03) De P Other collections (09) Construction defect (10) eee Death} tn Insurance coverage (18) ‘Mass tort (40) a ) Other contract (37) Securities litigation (28) Environmental/Toxic tort (30) Product liability (24) Real Property rance claims Medical malpractice (45) {Q] Eminent domaininverse Insur coverage arising from the Other PUPDIWD (23) condemnation (4) an provisionally complex case Non-PUPDIWD (Other) Tort Weseghil evict | ‘Other real property (26) Enforcement of Judgment Business tort/unfair business practice (07) , Chal rights (08) ev) Detalner (} Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Clvii Complaint Fraud (16) Residential (32) RICO (27) intelectual property (19) ) Drugs (38) ‘Other compiaint (not specified above) (42) rofessional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PUPDAND tort (36) ‘Asset forfeiture (05) Partnership and corporate govemance (21) Employment Petition re: arbitration award (11) Other petition (not specified above) (43) Wrongful termination (36) ‘Writ of mandate (02) Other employment (15) Other judicial review (39) 2. Thiscase [is [XJ isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties =. A Large number of witnesses b. Extensive motion practice raising difficult or novel &. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve. in other counties, states, or countries, or in a federal court c. [2] Substantial amount of documentary evidence f, Substantial postjudgment judicial s i 3. Remedies sought (check all that apply): a. (KJ monetary b. (J nonmonetary; declaratory or injunctive relief c. [L) punitive 4. Number of causes of action ify); One 5. Thiscase [Dis is not a class action suit. 6. Ifthere are any known related cases, file and serve a notice of related case.(You may use form CM-015.) Date: February 8, 2018 ~ BARRY WESTER _ pe se panerRAey > NOTICE . Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Fallure to file may result in sanctions. . File this cover sheet in addition to any cover sheet required by local court rule. . if this case is complex under rule 3.400 et seq. of the Califomia Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. « Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of Fi er ‘Use CIVIL CASE COVER SHEET Cs 23 7 Rae” ses i aES NS BY FAX ONE LEGAL LLCJ. 4 © 3° CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are fli a first (for example, a complaint) in a civil case, Ternmlate and fie, along with your frst first the. Civil 7 Sheet ore aan (Pies information wie uted To come statistics about the and numbers cases filed. Neu mus complete ioe | fou ton the sheet. in item 1. you must one box for the case ‘that best describes the case. If the case fits both jeneral and a more specific type of you mug ee check the more SA OS eee re causes of action, Check box that best indicates the primary cause of action. To in completing the sheet, examples of the cases that under each case type in item 1 are ided below. A cover sheet must be filed your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject @ party, To Parties in Rule 3.740 Collections Carer more than S28, Oude rue oreel and Siomey's foes, areing horn ‘@ transaction in Which property, SefvioBs, OF we sce a A lens cup rer ilo eons tg (tot iy a Seaee Y aoruca tas Sow S100 aoe cnn gn ate eg a on me ime-for- case manageme! 1S, ul ive ‘e case will be subject to Sree Tae ee a a judgment i fue 3.790. ne To Parties in Complex Canes. ge-in complex cases ony pe only, parties must aleo use the Civ Case Cover Sheet to designee completing x 2 plait mere teme | anda ie pe esignetes case the Sia ee er tenes creme ewer plaints designation, a counter-designatin tht the case isnot complex, o,f the plaintiff has made no designation, a designation that CASE TYPES AND EXAMPLES Auto Tort : Contract ot Contract Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal injury/Property ach of Contractiweranty (08) Rules of Govt Rules 2400-3403) Uninsured : ee Contract. (not unlawful detainer ail ae ae oo oon ee ches a unnared ContracthWarrenty Breach-Seller Claims involving Mass Tort (40) arbitration, check this item fei nok anal oc pecans) Environmental Toe Tort (30) instead of Auto) iraulacs Cove Claims ‘Other PUPDIWD (Personal f Other Breach of ContractWarrai (arising from Pine eny Demagenvrongha best) Collections (e.g., money owed, oo case type listed above) (41) te book accounts) (08) Enforcement of Judgment “Asbestos (04) Case-Seller Plaintiff Enforcement of Judgment Asbestos Property Damage: Other Promissory Note/Collections Abstract of Judgment (Out of Asbestos Personal injury/ County) Death Insurance isionally Confession of Judgment (non- Product Liability (not asbestos or complex) (18) domestic (24) Auto Subrogation Sister State ical Malpractice (46) Other Coverage Administrative Agency Award jalpractioe- Other Contract (37) (not unpaid Physicians & Surgeons Contractual Fraud of Entry of Other Professional Heaith Care ‘Other Contract Dispute Judgment on Unpaid Taxes p > Real Prope! Other Enforcement of Judgment Premises = Liebaky (eg., slip Eminent Domain’ ia) Miscellaneous Civil Compiaint n Wrongful Eviction (33) Intentional Bodily Injury/PDWD Other Complaint (not specified (e.g. assault, vandalism) Other Real Property (@.9 0, ult ie a) above) (42) Emotional Distress x Morgane Feecaire rnc Rta ny on Neg! lorie OF Other Real Property (not eminent Other PYPDAWD omain, fanclondisnent, or wectn n Complai Case ( mk x) Non-PUPDWD (Other) Tort ‘Business TorvUnfair Business Uniawful nrc 1) Other Civil Complaint a eee . Residential (32) wil (@.9., discrimination, Miscellaneous Civil Petition “ie aes nt Drugs 8) te cove inves nose Parti sn Sop as Commercial or Residential) Governance Detain (eg., slander, libel) Judie P Other Peon fot Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) ‘Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice inistrative Mandamus ‘Abuse Professional Maloniction Writ-Mandarnus on Limited Court Election Contest (not medical or legal) Case Mae ed Court Petition for Name Change ‘Other Non-PU/PD/WD Tort (35) Review Pett em Monta Termination (36) oval of Health Offer Order Other Clvil Petition Other Employment (15) Notice of Appeat-Labor WTR TRON pe eeeential ~—SCSC*~*~*~*C‘WIL: GAS COVER SHEET Page Tott CEB | Espertial CIVIL C; HE! aoe forms