Preview
Christine Haw (SBN 289351)
1 email: chaw@slpattorney.com
Caitlin J. Scott (SBN 310619)
2 email: cscott@slpattorney.com ELECTRONICALLY
Julian A. Moore (SBN 229082)
3 email: jmoore@slpattorney.com F I L E D
Superior Court of California,
STRATEGIC LEGAL PRACTICES, County of San Francisco
4 A PROFESSIONAL CORPORATION
1840 Century Park East, Suite 430 07/08/2019
Clerk of the Court
5 Los Angeles, CA 90067 BY: DAVID YUEN
Telephone: (310) 929-4900 Deputy Clerk
6 Facsimile: (310) 943-3838
7 Attorneys for Plaintiffs,
DAWN ANN MASON and JAMES MASON
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF SAN FRANCISCO
11
12 DAWN ANN MASON and JAMES MASON, Case No.: CGC-18-564545
13 Plaintiffs, Case Initiated: February 23, 2018
14 v. DECLARATION OF CAITLIN J. SCOTT
15 IN SUPPORT OF PLAINTIFFS’ REPLY
FCA US, LLC; and DOES 1 through 10, IN SUPPORT OF PLAINTIFFS’ MOTION
inclusive,
16 FOR LEAVE TO FILE FIRST AMENDED
Defendants. COMPLAINT
17
Date: July 15, 2019
18
Time: 9:30 a.m.
19 Dept.: Dept. 302
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27
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DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFF’S MOTION
FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
1 DECLARATION OF CAITLIN J. SCOTT
2 I, Caitlin J. Scott, declare as follows:
3 1. I am over the age of 18 and not a party to the action. I am an attorney at law, duly
4 admitted and licensed to practice before all courts of this State and I am an associate of
5 STRATEGIC LEGAL PRACTICES, APC 1840 Century Park East, Suite 430, Los Angeles, CA
6 90067. I am one of the attorneys for Plaintiffs, DAWN ANN MASON and JAMES MASON
7 (“Plaintiffs”), in this action and my knowledge of the information and events described herein
8 derives from a combination of my personal knowledge and a careful review of the file, relevant
9 court records and communications with other Plaintiffs’ counsel, and if called as a witness, I could
10 and would competently testify thereto.
11 2. I submit this declaration in support of Plaintiffs’ Motion for Leave to File First
12 Amended Complaint.
13 3. Attached as Exhibit A is a true and correct copy of the relevant portions of Plaintiff,
14 Dawn Mason’s Deposition Transcript.
15 4. On Page 14 of Plaintiff Dawn Mason’s deposition, lines 13 through 22, she
16 explains why she purchased the 2010 Dodge Caravan, Subject Vehicle, including the sliding
17 doors.
18 5. On page 106 of Plaintiff Dawn Mason’s deposition, lines 12 through 17, she
19 reiterates that one of the reasons she purchased the Subject Vehicle was due to the power sliding
20 doors.
21 6. Attached as Exhibit B is a true and correct copy of the relevant portions of the
22 Owner’s Manual for the Subject Vehicle, which discusses the power sliding door feature between
23 pages 39 and 48.
24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct. Executed this 8th day of July, in Los Angeles, California.
26 __________________________________
27 Caitlin J. Scott
28
1
DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT
EXHIBIT A
Page 1
1 ]N THE SUPERIOR COURT OF THE STATE OF CAL]FORNIA
2 IN AND EOR THE COUNTY OE SAN FRANCISCO
3 --oOo--
4
5 DAWN ANN MASON ANd JAMES )
MASON, )
Certified
6 )
Tra nscript
Plainti ffs, )
1 )
VS. ) No. CGC-18-554545
8 )
FCA US, LLC; and DOES 1 )
9 through 10, inclusive, )
)
10 Defendants. )
)
11
72
13 DEPOSITION OF
14 DAWN ANN MASON
15
!6 Monday, April 22, 201-9
L1
18
79
20 REPORTED BY: CYNTHIA A. PACINI, RMR, CRR, CSR #67L1
2L
22
24
qt' 25 Job No. 542113a
Veritext Legal Solutions
800-567-8658 973-410-4098
Page 2
1 APPEARANCES
2
3 FOR THE PLAINTIFFS:
4 STRATEGIC LEGAL PRACTICES
A Professional Corporation
5 1840 Century Park East, Suite 430
Los Angeles, California 90067
6 310.929.4900
By: Julian A. Moore, Esq.
1 j moore G s lpattorney . com
9 FOR THE DEFENDANTS:
10 UNIVERSAL & SHANNON, LLP
2240 Douglas BJ-vd., Suite 290
11 Roseville, Californi-a 95561,
976.780.4050
72 By: NejIa Nassirian, Ese.
nnas s irianGuswlaw . com
13
74 Al-so Present: James Mason
15
76 --o0o--
71
18
t9
20
27
22
Z5
24
Z-J
Veritext Legal Solutions
800-567-8658 973-4t0-4098
Page t4
1 O. Okay. And what did you drive prior to that?
2 A. A Dodge van, Eco van. Eco van
3 Okay. Do you recall what year that was?
4 A I really don't remember.
5 a Okay. What happened to that van?
6 A We sold it.
1 o And on the subject vehicle, are you still
I making payments ?
9 A No.
10 {) When did you pay it off?
11 A The day we purchased it.
t2 t, Okay. And where did you purchase it?
13 fT Auto no. Nissan dealership in Petaluma.
74 o Okay. And why did you buy it there?
15 A Because they had it on the Iot, and it was
76 what I was looking for.
71 t, And what was it exactly that you were looking
18 for?
79 A. 2077, approximately, Dodge Grand Caravan with
ZU stow and go, with the sliding doors, with l-ow mileage,
27 and the reliability we had had previ-ous with our other
22 Dodges.
23 O. So no issues with the two prior Caravans?
24 MR. MOORE: Obj ection. Vague as to "issues. "
25 Lacks foundation.
Veritext Legal Solutions
800-567-8658 973-410-4098
Page 106
1 and stabl-e as the other two Dodge Caravans and Grand
2 Caravan that I had purchased.
3 O. Did you have any concerns about not purchasing
4 this one, the subject vehicle, from a Chrysler
5 dealership?
6 MR. MOORE: Objecti-on. Asked and answered.
1 But go ahead.
8 THE WITNESS: I didn't buy it from a Chrysler
Y dea1ership. I bought it from the Nissan dealership.
10 BY MS. NASSIR]AN:
11 O. Right.
72 A. But it was a Dodge Grand Caravan, used. And
13 the original one we got in 7991 was a Dodge Grand
14 Caravan used rental-, and I was very happy and successful-
15 with it. I thought the same thing would happen, with
76 the exceptj-on I wanted electric doors because we were
t1 getting older.
18 O. Right. But the prior two Caravans you had,
19 you bought from a Chrysler dealership; correct?
20 A. Yes. The 1991 was from Santa Rosa Victory,
27 whatever, and then the other one was from AutoWorld, a
22 new one.
23 O. Right. But the current vehj-cIe, the subject
24 vehicle, was from a Nissan dealership, not a Chrysler
25 dealership.
Veritext Legal Solutions
800-567-8658 973-410-4098
Page 1 age
1 REPORTER I S CERTIF]CATE
2
3 It CYNTHIA A. PACINI, a Certified Shorthand
4 Reporter, do hereby certify that the witness in the
5 foregoing deposition was by me duly sworn to testify to
6 the truth, the whole truth and nothing but the truth in
1 the above-entitled matter; and that the foregoing is a
I ful1, true and correct transcript of the proceedings had
9 at the taking of sald deposition.
10
11 I further certify that I am not of counsel or
L2 attorney for ej-ther or any of the parties in the
13 above-mentioned causer or in any way interested in the
74 outcome of said cause.
15
t6 I hereby afflx my signature this 30th day of
71 April , 20L9.
18
79
20
qi#* fLil#
2L CYNTH]A A. PACINI, CSR NO. 6111
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EXHIBIT B
OWNER’ S
2010
MANUAL
Grand Caravan
THINGS TO KNOW BEFORE STARTING YOUR VEHICLE 39
Sliding Side Door Power Window Switch —
If Equipped
Second row passengers may open and close the sliding
door window by a single switch on the door handle 2
assembly.
The switches will operate only when the ignition switch
is in the ON or ACC position and during power acces-
sory delay.
NOTE: The switches will not operate if the driver has
activated the Power Window Lockout.
Sliding Door Power Window Switch
NOTE: The sliding door windows do not fully open,
stopping several inches above the window sill.
48 THINGS TO KNOW BEFORE STARTING YOUR VEHICLE
NOTE: To open the liftgate, press the liftgate release handle
• After setting the Child Protection Door Lock system, located on the underside of the license plate bar and pull
always test the door from the inside to make certain it the liftgate open with one fluid motion.
is in the desired position.
• The power sliding side door switches will not open the
power sliding doors if the vehicle isin gear or the
vehicle speed is above 0 mph (0 km/h).
• The power sliding door will operate from the outside
door handle, the RKE transmitter, the switches on the
overhead console, or the switches located on the trim
panel just in front of the power sliding door when the
shift lever is in PARK, regardless of the child lock lever
position.
LIFTGATE Liftgate Handle Location
On vehicles equipped with power locks, the liftgate can
be unlocked using the Remote Keyless Entry (RKE)
transmitter button, or by activating the power door lock
switches located on the front doors.
Chrysler Group LLC
10Y532-126-AC 3rd Edition Printed in U.S.A.
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of
3 18 and not a party to the within action. My business address is Strategic Legal Practices, 1840
Century Park East, Suite 430, Los Angeles, California 90067.
4
On July 8, 2019, I served the document(s) described as:
5
DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ REPLY IN
6 SUPPORT OF PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST AMENDED
7 COMPLAINT
8 on the interested parties in this action by sending [ ] the original [or] [] a true copy thereof
[] to interested parties as follows [or] [ ] as stated on the attached service list:
9
Jon D. Universal, Esq.
10 UNIVERSAL & SHANNON, LLP
2240 Douglas Blvd., Suite 290
11 Roseville, CA 95661
12
[ ] BY MAIL (ENCLOSED IN A SEALED ENVELOPE): I deposited the
13 envelope(s) for mailing in the ordinary course of business at Los Angeles, California.
I am “readily familiar” with this firm’s practice of collection and processing
14 correspondence for mailing. Under that practice, sealed envelopes are deposited with
the U.S. Postal Service that same day in the ordinary course of business with postage
15 thereon fully prepaid at Los Angeles, California.
16 [ ] BY E-MAIL: I hereby certify that this document was served from Los Angeles,
California, by e-mail delivery on the parties listed herein at their most recent known
e-mail address or e-mail of record in this action.
17
[ ] BY FAX: I hereby certify that this document was served from Los Angeles,
18 California, by facsimile delivery on the parties listed herein at their most recent fax
number of record in this action.
19
[ ] BY PERSONAL SERVICE: I delivered the document, enclosed in a sealed
20 envelope, by hand to the offices of the addressee(s) named herein.
21 [X] BY OVERNIGHT DELIVERY: I am “readily familiar” with this firm’s practice of
collection and processing correspondence for overnight delivery. Under that
22 practice, overnight packages are enclosed in a sealed envelope with a packing slip
attached thereto fully prepaid. The packages are picked up by the carrier at our
23 offices or delivered by our office to a designated collection site.
24 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this July 8, 2019, at Los Angeles, California.
25
26
Stephanie Khersonsky
27 Type or Print Name Signature
28
2
DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT
Preview
Christine Haw (SBN 289351) 1 email: chaw@slpattorney.com Caitlin J. Scott (SBN 310619) 2 email: cscott@slpattorney.com ELECTRONICALLY Julian A. Moore (SBN 229082) 3 email: jmoore@slpattorney.com F I L E D Superior Court of California, STRATEGIC LEGAL PRACTICES, County of San Francisco 4 A PROFESSIONAL CORPORATION 1840 Century Park East, Suite 430 07/08/2019 Clerk of the Court 5 Los Angeles, CA 90067 BY: DAVID YUEN Telephone: (310) 929-4900 Deputy Clerk 6 Facsimile: (310) 943-3838 7 Attorneys for Plaintiffs, DAWN ANN MASON and JAMES MASON 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN FRANCISCO 11 12 DAWN ANN MASON and JAMES MASON, Case No.: CGC-18-564545 13 Plaintiffs, Case Initiated: February 23, 2018 14 v. DECLARATION OF CAITLIN J. SCOTT 15 IN SUPPORT OF PLAINTIFFS’ REPLY FCA US, LLC; and DOES 1 through 10, IN SUPPORT OF PLAINTIFFS’ MOTION inclusive, 16 FOR LEAVE TO FILE FIRST AMENDED Defendants. COMPLAINT 17 Date: July 15, 2019 18 Time: 9:30 a.m. 19 Dept.: Dept. 302 20 21 22 23 24 25 26 27 28 DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT 1 DECLARATION OF CAITLIN J. SCOTT 2 I, Caitlin J. Scott, declare as follows: 3 1. I am over the age of 18 and not a party to the action. I am an attorney at law, duly 4 admitted and licensed to practice before all courts of this State and I am an associate of 5 STRATEGIC LEGAL PRACTICES, APC 1840 Century Park East, Suite 430, Los Angeles, CA 6 90067. I am one of the attorneys for Plaintiffs, DAWN ANN MASON and JAMES MASON 7 (“Plaintiffs”), in this action and my knowledge of the information and events described herein 8 derives from a combination of my personal knowledge and a careful review of the file, relevant 9 court records and communications with other Plaintiffs’ counsel, and if called as a witness, I could 10 and would competently testify thereto. 11 2. I submit this declaration in support of Plaintiffs’ Motion for Leave to File First 12 Amended Complaint. 13 3. Attached as Exhibit A is a true and correct copy of the relevant portions of Plaintiff, 14 Dawn Mason’s Deposition Transcript. 15 4. On Page 14 of Plaintiff Dawn Mason’s deposition, lines 13 through 22, she 16 explains why she purchased the 2010 Dodge Caravan, Subject Vehicle, including the sliding 17 doors. 18 5. On page 106 of Plaintiff Dawn Mason’s deposition, lines 12 through 17, she 19 reiterates that one of the reasons she purchased the Subject Vehicle was due to the power sliding 20 doors. 21 6. Attached as Exhibit B is a true and correct copy of the relevant portions of the 22 Owner’s Manual for the Subject Vehicle, which discusses the power sliding door feature between 23 pages 39 and 48. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. Executed this 8th day of July, in Los Angeles, California. 26 __________________________________ 27 Caitlin J. Scott 28 1 DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT EXHIBIT A Page 1 1 ]N THE SUPERIOR COURT OF THE STATE OF CAL]FORNIA 2 IN AND EOR THE COUNTY OE SAN FRANCISCO 3 --oOo-- 4 5 DAWN ANN MASON ANd JAMES ) MASON, ) Certified 6 ) Tra nscript Plainti ffs, ) 1 ) VS. ) No. CGC-18-554545 8 ) FCA US, LLC; and DOES 1 ) 9 through 10, inclusive, ) ) 10 Defendants. ) ) 11 72 13 DEPOSITION OF 14 DAWN ANN MASON 15 !6 Monday, April 22, 201-9 L1 18 79 20 REPORTED BY: CYNTHIA A. PACINI, RMR, CRR, CSR #67L1 2L 22 24 qt' 25 Job No. 542113a Veritext Legal Solutions 800-567-8658 973-410-4098 Page 2 1 APPEARANCES 2 3 FOR THE PLAINTIFFS: 4 STRATEGIC LEGAL PRACTICES A Professional Corporation 5 1840 Century Park East, Suite 430 Los Angeles, California 90067 6 310.929.4900 By: Julian A. Moore, Esq. 1 j moore G s lpattorney . com 9 FOR THE DEFENDANTS: 10 UNIVERSAL & SHANNON, LLP 2240 Douglas BJ-vd., Suite 290 11 Roseville, Californi-a 95561, 976.780.4050 72 By: NejIa Nassirian, Ese. nnas s irianGuswlaw . com 13 74 Al-so Present: James Mason 15 76 --o0o-- 71 18 t9 20 27 22 Z5 24 Z-J Veritext Legal Solutions 800-567-8658 973-4t0-4098 Page t4 1 O. Okay. And what did you drive prior to that? 2 A. A Dodge van, Eco van. Eco van 3 Okay. Do you recall what year that was? 4 A I really don't remember. 5 a Okay. What happened to that van? 6 A We sold it. 1 o And on the subject vehicle, are you still I making payments ? 9 A No. 10 {) When did you pay it off? 11 A The day we purchased it. t2 t, Okay. And where did you purchase it? 13 fT Auto no. Nissan dealership in Petaluma. 74 o Okay. And why did you buy it there? 15 A Because they had it on the Iot, and it was 76 what I was looking for. 71 t, And what was it exactly that you were looking 18 for? 79 A. 2077, approximately, Dodge Grand Caravan with ZU stow and go, with the sliding doors, with l-ow mileage, 27 and the reliability we had had previ-ous with our other 22 Dodges. 23 O. So no issues with the two prior Caravans? 24 MR. MOORE: Obj ection. Vague as to "issues. " 25 Lacks foundation. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 106 1 and stabl-e as the other two Dodge Caravans and Grand 2 Caravan that I had purchased. 3 O. Did you have any concerns about not purchasing 4 this one, the subject vehicle, from a Chrysler 5 dealership? 6 MR. MOORE: Objecti-on. Asked and answered. 1 But go ahead. 8 THE WITNESS: I didn't buy it from a Chrysler Y dea1ership. I bought it from the Nissan dealership. 10 BY MS. NASSIR]AN: 11 O. Right. 72 A. But it was a Dodge Grand Caravan, used. And 13 the original one we got in 7991 was a Dodge Grand 14 Caravan used rental-, and I was very happy and successful- 15 with it. I thought the same thing would happen, with 76 the exceptj-on I wanted electric doors because we were t1 getting older. 18 O. Right. But the prior two Caravans you had, 19 you bought from a Chrysler dealership; correct? 20 A. Yes. The 1991 was from Santa Rosa Victory, 27 whatever, and then the other one was from AutoWorld, a 22 new one. 23 O. Right. But the current vehj-cIe, the subject 24 vehicle, was from a Nissan dealership, not a Chrysler 25 dealership. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 1 age 1 REPORTER I S CERTIF]CATE 2 3 It CYNTHIA A. PACINI, a Certified Shorthand 4 Reporter, do hereby certify that the witness in the 5 foregoing deposition was by me duly sworn to testify to 6 the truth, the whole truth and nothing but the truth in 1 the above-entitled matter; and that the foregoing is a I ful1, true and correct transcript of the proceedings had 9 at the taking of sald deposition. 10 11 I further certify that I am not of counsel or L2 attorney for ej-ther or any of the parties in the 13 above-mentioned causer or in any way interested in the 74 outcome of said cause. 15 t6 I hereby afflx my signature this 30th day of 71 April , 20L9. 18 79 20 qi#* fLil# 2L CYNTH]A A. PACINI, CSR NO. 6111 22 23 24 25 EXHIBIT B OWNER’ S 2010 MANUAL Grand Caravan THINGS TO KNOW BEFORE STARTING YOUR VEHICLE 39 Sliding Side Door Power Window Switch — If Equipped Second row passengers may open and close the sliding door window by a single switch on the door handle 2 assembly. The switches will operate only when the ignition switch is in the ON or ACC position and during power acces- sory delay. NOTE: The switches will not operate if the driver has activated the Power Window Lockout. Sliding Door Power Window Switch NOTE: The sliding door windows do not fully open, stopping several inches above the window sill. 48 THINGS TO KNOW BEFORE STARTING YOUR VEHICLE NOTE: To open the liftgate, press the liftgate release handle • After setting the Child Protection Door Lock system, located on the underside of the license plate bar and pull always test the door from the inside to make certain it the liftgate open with one fluid motion. is in the desired position. • The power sliding side door switches will not open the power sliding doors if the vehicle isin gear or the vehicle speed is above 0 mph (0 km/h). • The power sliding door will operate from the outside door handle, the RKE transmitter, the switches on the overhead console, or the switches located on the trim panel just in front of the power sliding door when the shift lever is in PARK, regardless of the child lock lever position. LIFTGATE Liftgate Handle Location On vehicles equipped with power locks, the liftgate can be unlocked using the Remote Keyless Entry (RKE) transmitter button, or by activating the power door lock switches located on the front doors. Chrysler Group LLC 10Y532-126-AC 3rd Edition Printed in U.S.A. 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 3 18 and not a party to the within action. My business address is Strategic Legal Practices, 1840 Century Park East, Suite 430, Los Angeles, California 90067. 4 On July 8, 2019, I served the document(s) described as: 5 DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ REPLY IN 6 SUPPORT OF PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST AMENDED 7 COMPLAINT 8 on the interested parties in this action by sending [ ] the original [or] [] a true copy thereof [] to interested parties as follows [or] [ ] as stated on the attached service list: 9 Jon D. Universal, Esq. 10 UNIVERSAL & SHANNON, LLP 2240 Douglas Blvd., Suite 290 11 Roseville, CA 95661 12 [ ] BY MAIL (ENCLOSED IN A SEALED ENVELOPE): I deposited the 13 envelope(s) for mailing in the ordinary course of business at Los Angeles, California. I am “readily familiar” with this firm’s practice of collection and processing 14 correspondence for mailing. Under that practice, sealed envelopes are deposited with the U.S. Postal Service that same day in the ordinary course of business with postage 15 thereon fully prepaid at Los Angeles, California. 16 [ ] BY E-MAIL: I hereby certify that this document was served from Los Angeles, California, by e-mail delivery on the parties listed herein at their most recent known e-mail address or e-mail of record in this action. 17 [ ] BY FAX: I hereby certify that this document was served from Los Angeles, 18 California, by facsimile delivery on the parties listed herein at their most recent fax number of record in this action. 19 [ ] BY PERSONAL SERVICE: I delivered the document, enclosed in a sealed 20 envelope, by hand to the offices of the addressee(s) named herein. 21 [X] BY OVERNIGHT DELIVERY: I am “readily familiar” with this firm’s practice of collection and processing correspondence for overnight delivery. Under that 22 practice, overnight packages are enclosed in a sealed envelope with a packing slip attached thereto fully prepaid. The packages are picked up by the carrier at our 23 offices or delivered by our office to a designated collection site. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this July 8, 2019, at Los Angeles, California. 25 26 Stephanie Khersonsky 27 Type or Print Name Signature 28 2 DECLARATION OF CAITLIN J. SCOTT IN SUPPORT OF PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT