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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
[~~ John P Strouss, II (221723)
Law Offices of John P Strouss, III
819 Eddy St.
San Francisco, CA 9412
TELEPHONE NO: 415-771-6174 FAXNO. (Optional: 415-236-6102
EMAIL ADDRESS (Opioney: john@johnstrousslaw.com
ATTORNEY FOR (Name): Plaintiff Justin Pham
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aopress: 400 McCallister St
MAILING ADDRESS:
ciry ano zie cone: San Francisco, CA 94109
srancH name: Unlimited Civil Division
PLAINTIFF: Justin Pham
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of Catifornia,
County of San Francisco
11/13/2018
Clerk of the Court
BY:KALENE APOLONIO
Amount demanded [__] does not exceed $10,000
[_] exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
[1] ACTION IS RECLASSIFIED by this amended complaint
[1 from timited to untimited
[J from unlimited to limited
Deputy Clerk
DEFENDANT: Zen Compound, LLC dba Temple SF Night Club,
Security Intelligence Specialist Corporation
DoEs1To 50
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number): First
Type (check all that apply):
(4) Motor VEHICLE OTHER (specify): Assault, Battery, Negligence
[] Property Damage [__] Wrongful Death
Personal Injury Other Damages (specify): Exemplary
Jurisdiction (check all that apply): ‘CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE
cI eon CGC-18-564727
1. Plaintiff (name or names): Justin Pham
alleges causes of action against defendant (name or names):
Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist Corporation,DOES 1 to 50
2. This pleading, including attachments and exhibits, consists of the following number of pages: 9
3. Each plaintiff named above is a competent adult
a. [J except plaintiff (name):
(1) [] a corporation qualified to do business in California
(2) [_] an unincorporated entity (describe):
(3) () a public entity (describe):
(4) (_] aminor [_] an adult
(a) (J for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [__] other (specify):
(5) (1) other (specify):
b. [1] except plaintiff (name):
(1) [2] a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) (__] a public entity (describe):
(4) [J] aminor [_] anadutt
(a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [J other (specify):
(5) [] other (specify):
£1 information about additional plaintiffs who are not competent adults is shown in Attachment 3. ie
‘a Approved for Option = 5 8
deal Come of Cafoma COMPLAINT—Personal Injury, Property Coa of i rade, § 25.2
PLD-PLO01 [Rev. January 1, 2007] Damage, Wrongful Death
FIRST AMENDEDPLD-PI-001
‘SHORT TITLE: ‘CASE NUMBER:
Pham v. Zen Compound, LLC CGC-18-564727
4. [7] 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. [¥] except defendant (name): Zen Compound c. except defendant (name): Security Intelligence Sp ecialist
(1) () a business organization, form unknown (1) [2] a business organization, form unknown
(2) [J a corporation (2) LZ) acorporation
(3) [) an unincorporated entity (describe): (3) [©] an unincorporated entity (describe):
(4) [J a public entity (describe): (4) (2) a public entity (describe):
(5) [Z other (specify): (8) [J other (specify):
Limited Liability Company dba
Temple SF Night Club
b. ["_] except defendant (name): d. [_] except defendant (name):
(1) (1 a business organization, form unknown (1) [_] a business organization, form unknown
(2) [_] acorporation (2) [_] a corporation
(3) [_] an unincorporated entity (describe): (3) [] an unincorporated entity (describe):
(4) [1] a public entity (describe): (4) [7] a public entity (describe):
(5) [J other (specify): (5) [7 other (specify):
[J Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
[21] Doe defendants (specify Doe numbers): 1 to 50 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
[1] Doe defendants (specify Doe numbers): 1 to 50 are persons whose capacities are unknown to
plaintiff.
7. [] Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. [__] atleast one defendant now resides in its jurisdictional area.
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.
a. [] other (specify):
9. [(_] Plaintiff is required to comply with a claims statute, and
a. [[_] has complied with applicable claims statutes, or
b. [1] is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 0f3
Damage, Wrongful Death
FIRST AMENDEDPLD-PI-001
SHORT TITLE: ‘GASE NUMBER:
Pham v. Zen Compound, LLC CGC-18-564727
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
a. [_] Motor Vehicle
b. [7] General Negligence
. Intentional Tort
|. [=] Products Liability
Premises Liability
Other (specify):
Assault; Battery; Negligent Hiring, Supervision, or Retention of Employee
mo ao
11. Plaintiff has suffered
a. wage loss
b. [_] loss of use of property
c. hospital and medical expenses
d. general damage
e. property damage
f. loss of earning capacity
g. other damage (specify):
Prejudgment interest, Exemplary
12. [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
Mag
a. [__] listed in Attachment 12.
b. [] 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
compensatory damages
punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
[4 according to proof
(2) [__] in the amount of: $
15. [] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
All
Date: November 13, 2018 4 Ti
John P. Strouss, III » le
TYPE OR PRaNT Wan) "onan Ob pine arom
PLO-PL001 {Rev. January 1, 2007) COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
FIRST AMENDEDPLD-PI-001(2)
SHORT TITLE: eee
Pham v. Zen Compound, LLC CGC-18-564727
First CAUSE OF ACTION—General Negligence page 4
(number)
ATTACHMENT TO Complaint [—] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1, Plaintiff (name): Justin Pham
alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence Specialist
Corporation,
[Z] Does 1 to 50
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): December 9, 2016
at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105
(description of reasons for liability):
By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as
though fully set forth in this place.
Plaintiff was a patron at defendant's night club in San Francisco. Several security guards, working
in the course and scope of their employment for Zen Compound, LLC and Security Intelligence
Specialist Corporation, brutally beat Justin Pham leaving him with serious personal injuries and
damages. Zen Compound, LLC, Security Intelligence Specialist Corporation, and DOES 1 to 50,
and each of them, non-consensually, physically contacted Plaintiff, causing him damages. As a
direct result of Defendant's conduct, Plaintiff suffered and continues to suffer past and future
special damages, in an amount according to proof.
The acts of the security guards for defendant Zen Compound, LLC and Security Intelligence
Specialist Corporation, who were either employees or agents for Zen Compound, LLC and/or
Security Intelligence Specialist Corporation, were done knowingly, willfully, in conscious
disregard for the Plaintiff's rights and with malicious intent, entitling Plaintiff punitive damages in
an amount to be determined by proof at trial.
5 age tot
ideal Sout of alors CAUSE OF ACTION—General Negligence Gade oC eet 18.12
PLD-PI-004(2) [Rev. January 1, 2007)
FIRST AMENDEDPLD-PI-004(2)
SHORT TITLE: CASE NUMBER:
Pham v. Zen Compound, LLC CGC-18-564727
Second CAUSE OF ACTION—General Negligence page _5
(number)
ATTACHMENT TO Complaint [——] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Justin Pham
alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence specialist
Corporation,
[4] Does 1 to 50
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): December 9, 2016
at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105
(description of reasons for liability):
By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as
though fully set forth in this place.
Plaintiff was a patron at defendant's night club in San Francisco. Several security guards, working
in the course and scope of their employment for Zen Compound, LLC and Security Intelligence
Specialist Corporation, brutally beat Justin Pham leaving him with serious personal injuries and
damages. Zen Compound, LLC, Security Intelligence Specialist Corporation, and DOES 1 to 50,
and each of them, intended to cause and did cause Plaintiff to suffer apprehension of an
immediate harmful contact. As a direct result of Defendant's conduct, Plaintiff suffered and
continues to suffer past and future special damages, in an amount according to proof.
The acts of the security guards for defendant Zen Compound, LLC and Security Intelligence
Specialist Corporation, who were either employees or agents for Zen Compound, LLC and/or
Security Intelligence Specialist Corporation, were done knowingly, willfully, in conscious
disregard for the Plaintiff's rights and with malicious intent, entitling Plaintiff punitive damages in
an amount to be determined by proof at trial.
‘Approved for Optional Us a ot Crt Procedure 425.12
apse Gounel ef aaberie CAUSE OF ACTION—General Negligence ae eameeape
PLD-P1-001(2) [Rev. January 1, 2007]
FIRST AMENDEDPLD-PI-001(2)
SHORT TITLE: (CASE NUMBER:
Pham v. Zen Compound, LLC CGC-18-564727
Third CAUSE OF ACTION—General Negligence Page 6
(number)
ATTACHMENT TO. Complaint [—] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Justin Pham
alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence specialist
Corporation,
[4] Does 1 to 50
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): December 9, 2016
at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105
(description of reasons for liability):
By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as
though fully set forth in this place.
At all times mentioned, defendants Zen Compound, LLC and Security Intelligence Specialist
Corporation, and each of them, owed a duty to plaintiff to exercise reasonable care in the
performance of the operation of the night club and/or or in the use of force.
Defendants, and each of them, failed to comply with said standards of reasonable care, legally
causing Plaintiff to suffer injury as set forth herein.
Page tof
> ‘Cade of Gh Prosodure 425.12
Form Approved er Optional vee CAUSE OF ACTION—General Negligence www. cournio.ca.gov
PLO-P-001(2) [Rev. January 1, 2007)
FIRST AMENDEDPLD-PI-001(2)
SHORT TITLE: ‘CASE NUMBER:
Pham v. Zen Compound, LLC
Fourth CAUSE OF ACTION—General Negligence —_ Page 7
(number)
ATTACHMENT TO Complaint [_] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Justin Pham
alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence specialist
Corporation,
[21 Does 1 to 50
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): December 9, 2016
at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105
(description of reasons for liability):
By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as
though fully set forth in this place.
Zen Compound, LLC, Security Intelligence Specialist Corporation, and DOES 1 to 25 negligently
hired, supervised, or retained security guards that were unfit to perform the work they were hired
for. Defendants, and each of them, knew or should have known that the security guards were
unfit, and that this created a risk to others. That unfitness injured plaintiff, and defendants’
negligence in hiring, supervising or retaining the security guards that beat plaintiff was a
substantial factor in causing plaintiff's harm.
Page tof
om pina : Gat Cri Proce 28.12
jaa Gouna of Clforia CAUSE OF ACTION—General Negligence iPromae 125.12
PLO-PI-001(2) [Rev. Januaty 1, 2007)
FIRST AMENDEDPLD-P1-001(4)
SHORT TITLE:
Pham v. Zen Compound, LLC
‘CASE NUMBER:
CGC-18-564727
Fifth CAUSE OF ACTION—Premises Liability Page 8
(number)
ATTACHMENT TO. Complaint [_] Cross ~- Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name): Justin Pham
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): December 9, 2016 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Plaintiff Justin Pham was a legal patron at Temple SF Night Club, a premises owned, operated,
maintained, and managed by defendant Zen Compound, LLC. The security guards at the club
were provided by defendant Security Intelligence Specialist Corporation, who trained and
employed the security guards. Plaintiff was taken into a room by several security guards,
working in the course and scope of their employment of the club, and viciously beat plaintiff,
causing him personal injuries and damages.
Prem.t-2. [2] count One—Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names):
Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist
Corporation
Does 1 to 50
Prem.t-3. [1] Count Two—Willful Failure to Warn [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):
C1 Does to
Plaintiff, a recreational user, was [__] an invited guest [_] a paying guest.
Prem.L-4. J count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):
[-Jdoes_ sito
a. (“_] The defendant public entity had [] actuat [1] constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. 1] The condition was created by employees of the defendant public entity.
Prem.L-5. a. 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):
[4] Does 1 sto. 50.
b. [7] The defendants who are liable to plaints for other reasons and the reasons for their liability are
[J described in attachment Prem.L-5.b [7] as follows (names):
Other legal reasons presently unasertained
Page tof
Fn Aomowett Optipal Yen CAUSE OF ACTION—Premises Liability Gn Geni, 8085.8
PLO-PI-001(4) [Rev. January 1, 2007)
FIRST AMENDEDPLD-PI-001(6)
SHORT TITLE: CASE NEE:
Pham v. Zen Compounc, LLC CGC-18-564727
Exemplary Damages Attachment Page 9
ATTACHMENT TO Complaint [__] Cross - Complaint
EX-1. As additional damages against defendant (name):
Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist Corporation,
DOES 1 TO 50
Plaintiff alleges defendant was guilty of
[2] matice
Co] fraud
oppression
as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages
to make an example of and to punish defendant.
EX-2. The facts supporting plaintiff's claim are as follows:
Several security guards working for defendants Zen Compound, LLC dba Temple SF Night Club
and/or Security Intelligence Specialist Corporation, and each of them, intentionally attacked and
savagely beat Plaintiff, causing him personal injuries. Defendants, and each of them, were aware
from the outset that the probable consequences of their contact with plaintiff, and willfully and
deliberately caused those consequences to come about. Defendants' conduct was despicable and in
conscious disregard for the rights and safety of Plaintiff. Defendants, and each of them, intended to
harm Plaintiff. Further, said despicable conduct subjected Plaintiff to cruel and unjust hardship in
conscious disregard of Plaintiff's rights.
EX-3. The amount of exemplary damages sought is
a. not shown, pursuant to Code of Civil Procedure section 425.10.
oC] $ :
Page 1011
rovideel Gouna of Calorie Exemplary Damages Attachment Sere eunecager
Cour
PLD-PL-001(6) [Rev. January 1, 2007}
FIRST AMENDED
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): [~~ John P Strouss, II (221723) Law Offices of John P Strouss, III 819 Eddy St. San Francisco, CA 9412 TELEPHONE NO: 415-771-6174 FAXNO. (Optional: 415-236-6102 EMAIL ADDRESS (Opioney: john@johnstrousslaw.com ATTORNEY FOR (Name): Plaintiff Justin Pham SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aopress: 400 McCallister St MAILING ADDRESS: ciry ano zie cone: San Francisco, CA 94109 srancH name: Unlimited Civil Division PLAINTIFF: Justin Pham FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of Catifornia, County of San Francisco 11/13/2018 Clerk of the Court BY:KALENE APOLONIO Amount demanded [__] does not exceed $10,000 [_] exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [1] ACTION IS RECLASSIFIED by this amended complaint [1 from timited to untimited [J from unlimited to limited Deputy Clerk DEFENDANT: Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist Corporation DoEs1To 50 COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): First Type (check all that apply): (4) Motor VEHICLE OTHER (specify): Assault, Battery, Negligence [] Property Damage [__] Wrongful Death Personal Injury Other Damages (specify): Exemplary Jurisdiction (check all that apply): ‘CASE NUMBER: ACTION IS A LIMITED CIVIL CASE cI eon CGC-18-564727 1. Plaintiff (name or names): Justin Pham alleges causes of action against defendant (name or names): Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist Corporation,DOES 1 to 50 2. This pleading, including attachments and exhibits, consists of the following number of pages: 9 3. Each plaintiff named above is a competent adult a. [J except plaintiff (name): (1) [] a corporation qualified to do business in California (2) [_] an unincorporated entity (describe): (3) () a public entity (describe): (4) (_] aminor [_] an adult (a) (J for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [__] other (specify): (5) (1) other (specify): b. [1] except plaintiff (name): (1) [2] a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) (__] a public entity (describe): (4) [J] aminor [_] anadutt (a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [J other (specify): (5) [] other (specify): £1 information about additional plaintiffs who are not competent adults is shown in Attachment 3. ie ‘a Approved for Option = 5 8 deal Come of Cafoma COMPLAINT—Personal Injury, Property Coa of i rade, § 25.2 PLD-PLO01 [Rev. January 1, 2007] Damage, Wrongful Death FIRST AMENDEDPLD-PI-001 ‘SHORT TITLE: ‘CASE NUMBER: Pham v. Zen Compound, LLC CGC-18-564727 4. [7] 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. [¥] except defendant (name): Zen Compound c. except defendant (name): Security Intelligence Sp ecialist (1) () a business organization, form unknown (1) [2] a business organization, form unknown (2) [J a corporation (2) LZ) acorporation (3) [) an unincorporated entity (describe): (3) [©] an unincorporated entity (describe): (4) [J a public entity (describe): (4) (2) a public entity (describe): (5) [Z other (specify): (8) [J other (specify): Limited Liability Company dba Temple SF Night Club b. ["_] except defendant (name): d. [_] except defendant (name): (1) (1 a business organization, form unknown (1) [_] a business organization, form unknown (2) [_] acorporation (2) [_] a corporation (3) [_] an unincorporated entity (describe): (3) [] an unincorporated entity (describe): (4) [1] a public entity (describe): (4) [7] a public entity (describe): (5) [J other (specify): (5) [7 other (specify): [J Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. [21] Doe defendants (specify Doe numbers): 1 to 50 were the agents or employees of other named defendants and acted within the scope of that agency or employment. [1] Doe defendants (specify Doe numbers): 1 to 50 are persons whose capacities are unknown to plaintiff. 7. [] Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. [__] atleast one defendant now resides in its jurisdictional area. 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. a. [] other (specify): 9. [(_] Plaintiff is required to comply with a claims statute, and a. [[_] has complied with applicable claims statutes, or b. [1] is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 0f3 Damage, Wrongful Death FIRST AMENDEDPLD-PI-001 SHORT TITLE: ‘GASE NUMBER: Pham v. Zen Compound, LLC CGC-18-564727 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. [_] Motor Vehicle b. [7] General Negligence . Intentional Tort |. [=] Products Liability Premises Liability Other (specify): Assault; Battery; Negligent Hiring, Supervision, or Retention of Employee mo ao 11. Plaintiff has suffered a. wage loss b. [_] loss of use of property c. hospital and medical expenses d. general damage e. property damage f. loss of earning capacity g. other damage (specify): Prejudgment interest, Exemplary 12. [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Mag a. [__] listed in Attachment 12. b. [] 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 compensatory damages punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): [4 according to proof (2) [__] in the amount of: $ 15. [] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All Date: November 13, 2018 4 Ti John P. Strouss, III » le TYPE OR PRaNT Wan) "onan Ob pine arom PLO-PL001 {Rev. January 1, 2007) COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death FIRST AMENDEDPLD-PI-001(2) SHORT TITLE: eee Pham v. Zen Compound, LLC CGC-18-564727 First CAUSE OF ACTION—General Negligence page 4 (number) ATTACHMENT TO Complaint [—] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1, Plaintiff (name): Justin Pham alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence Specialist Corporation, [Z] Does 1 to 50 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): December 9, 2016 at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105 (description of reasons for liability): By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as though fully set forth in this place. Plaintiff was a patron at defendant's night club in San Francisco. Several security guards, working in the course and scope of their employment for Zen Compound, LLC and Security Intelligence Specialist Corporation, brutally beat Justin Pham leaving him with serious personal injuries and damages. Zen Compound, LLC, Security Intelligence Specialist Corporation, and DOES 1 to 50, and each of them, non-consensually, physically contacted Plaintiff, causing him damages. As a direct result of Defendant's conduct, Plaintiff suffered and continues to suffer past and future special damages, in an amount according to proof. The acts of the security guards for defendant Zen Compound, LLC and Security Intelligence Specialist Corporation, who were either employees or agents for Zen Compound, LLC and/or Security Intelligence Specialist Corporation, were done knowingly, willfully, in conscious disregard for the Plaintiff's rights and with malicious intent, entitling Plaintiff punitive damages in an amount to be determined by proof at trial. 5 age tot ideal Sout of alors CAUSE OF ACTION—General Negligence Gade oC eet 18.12 PLD-PI-004(2) [Rev. January 1, 2007) FIRST AMENDEDPLD-PI-004(2) SHORT TITLE: CASE NUMBER: Pham v. Zen Compound, LLC CGC-18-564727 Second CAUSE OF ACTION—General Negligence page _5 (number) ATTACHMENT TO Complaint [——] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Justin Pham alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence specialist Corporation, [4] Does 1 to 50 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): December 9, 2016 at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105 (description of reasons for liability): By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as though fully set forth in this place. Plaintiff was a patron at defendant's night club in San Francisco. Several security guards, working in the course and scope of their employment for Zen Compound, LLC and Security Intelligence Specialist Corporation, brutally beat Justin Pham leaving him with serious personal injuries and damages. Zen Compound, LLC, Security Intelligence Specialist Corporation, and DOES 1 to 50, and each of them, intended to cause and did cause Plaintiff to suffer apprehension of an immediate harmful contact. As a direct result of Defendant's conduct, Plaintiff suffered and continues to suffer past and future special damages, in an amount according to proof. The acts of the security guards for defendant Zen Compound, LLC and Security Intelligence Specialist Corporation, who were either employees or agents for Zen Compound, LLC and/or Security Intelligence Specialist Corporation, were done knowingly, willfully, in conscious disregard for the Plaintiff's rights and with malicious intent, entitling Plaintiff punitive damages in an amount to be determined by proof at trial. ‘Approved for Optional Us a ot Crt Procedure 425.12 apse Gounel ef aaberie CAUSE OF ACTION—General Negligence ae eameeape PLD-P1-001(2) [Rev. January 1, 2007] FIRST AMENDEDPLD-PI-001(2) SHORT TITLE: (CASE NUMBER: Pham v. Zen Compound, LLC CGC-18-564727 Third CAUSE OF ACTION—General Negligence Page 6 (number) ATTACHMENT TO. Complaint [—] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Justin Pham alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence specialist Corporation, [4] Does 1 to 50 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): December 9, 2016 at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105 (description of reasons for liability): By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as though fully set forth in this place. At all times mentioned, defendants Zen Compound, LLC and Security Intelligence Specialist Corporation, and each of them, owed a duty to plaintiff to exercise reasonable care in the performance of the operation of the night club and/or or in the use of force. Defendants, and each of them, failed to comply with said standards of reasonable care, legally causing Plaintiff to suffer injury as set forth herein. Page tof > ‘Cade of Gh Prosodure 425.12 Form Approved er Optional vee CAUSE OF ACTION—General Negligence www. cournio.ca.gov PLO-P-001(2) [Rev. January 1, 2007) FIRST AMENDEDPLD-PI-001(2) SHORT TITLE: ‘CASE NUMBER: Pham v. Zen Compound, LLC Fourth CAUSE OF ACTION—General Negligence —_ Page 7 (number) ATTACHMENT TO Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Justin Pham alleges that defendant (name): Zen Compound, LLC dba Temple SF Nightclub, Security Intelligence specialist Corporation, [21 Does 1 to 50 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): December 9, 2016 at (place): Temple SF Night Club, 540 Howard St., San Francisco, CA 94105 (description of reasons for liability): By this reference Plaintiff hereby incorporates each and every aforementioned paragraph as though fully set forth in this place. Zen Compound, LLC, Security Intelligence Specialist Corporation, and DOES 1 to 25 negligently hired, supervised, or retained security guards that were unfit to perform the work they were hired for. Defendants, and each of them, knew or should have known that the security guards were unfit, and that this created a risk to others. That unfitness injured plaintiff, and defendants’ negligence in hiring, supervising or retaining the security guards that beat plaintiff was a substantial factor in causing plaintiff's harm. Page tof om pina : Gat Cri Proce 28.12 jaa Gouna of Clforia CAUSE OF ACTION—General Negligence iPromae 125.12 PLO-PI-001(2) [Rev. Januaty 1, 2007) FIRST AMENDEDPLD-P1-001(4) SHORT TITLE: Pham v. Zen Compound, LLC ‘CASE NUMBER: CGC-18-564727 Fifth CAUSE OF ACTION—Premises Liability Page 8 (number) ATTACHMENT TO. Complaint [_] Cross ~- Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): Justin Pham alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): December 9, 2016 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Plaintiff Justin Pham was a legal patron at Temple SF Night Club, a premises owned, operated, maintained, and managed by defendant Zen Compound, LLC. The security guards at the club were provided by defendant Security Intelligence Specialist Corporation, who trained and employed the security guards. Plaintiff was taken into a room by several security guards, working in the course and scope of their employment of the club, and viciously beat plaintiff, causing him personal injuries and damages. Prem.t-2. [2] count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist Corporation Does 1 to 50 Prem.t-3. [1] Count Two—Willful Failure to Warn [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): C1 Does to Plaintiff, a recreational user, was [__] an invited guest [_] a paying guest. Prem.L-4. J count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): [-Jdoes_ sito a. (“_] The defendant public entity had [] actuat [1] constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. 1] The condition was created by employees of the defendant public entity. Prem.L-5. a. 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): [4] Does 1 sto. 50. b. [7] The defendants who are liable to plaints for other reasons and the reasons for their liability are [J described in attachment Prem.L-5.b [7] as follows (names): Other legal reasons presently unasertained Page tof Fn Aomowett Optipal Yen CAUSE OF ACTION—Premises Liability Gn Geni, 8085.8 PLO-PI-001(4) [Rev. January 1, 2007) FIRST AMENDEDPLD-PI-001(6) SHORT TITLE: CASE NEE: Pham v. Zen Compounc, LLC CGC-18-564727 Exemplary Damages Attachment Page 9 ATTACHMENT TO Complaint [__] Cross - Complaint EX-1. As additional damages against defendant (name): Zen Compound, LLC dba Temple SF Night Club, Security Intelligence Specialist Corporation, DOES 1 TO 50 Plaintiff alleges defendant was guilty of [2] matice Co] fraud oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: Several security guards working for defendants Zen Compound, LLC dba Temple SF Night Club and/or Security Intelligence Specialist Corporation, and each of them, intentionally attacked and savagely beat Plaintiff, causing him personal injuries. Defendants, and each of them, were aware from the outset that the probable consequences of their contact with plaintiff, and willfully and deliberately caused those consequences to come about. Defendants' conduct was despicable and in conscious disregard for the rights and safety of Plaintiff. Defendants, and each of them, intended to harm Plaintiff. Further, said despicable conduct subjected Plaintiff to cruel and unjust hardship in conscious disregard of Plaintiff's rights. EX-3. The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10. oC] $ : Page 1011 rovideel Gouna of Calorie Exemplary Damages Attachment Sere eunecager Cour PLD-PL-001(6) [Rev. January 1, 2007} FIRST AMENDED