Complaint,Petition: Parafeinik -v- Voita et al Print

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      OXANA PARAFEINIK
                                                                                             NOV 2 3 2022
      26200 Redlands Blvd — Unit 33                                                   I




      Redlands, CA 92373                                                                        f,



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      (909) 213—3 170                                                    U

                                                                                          Edward éomeéjupuw
      Attorney: Plaintiff - Pro-Per




                                SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                       COUNTY OF SAN BERNARDINO



10    OXANA PARAFEINIK                         Case No: CIVSB22 1 0600
                                               Hon. Joseph T. Ortiz
11                                              Dept. S 1 7
                    Plaintiff

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                                               Action Filed:     September 29, 2022
13            vs.


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       1)   CAROL VOITA(Individua1);        OPPOSITION TO DEFENDANTS’ DEMURRER
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                                            TO FIRST AMENDED COMPLAINT;
      2)    CAROL VOITA(IndiVidual)         OPPOSITION TO DEFENDANTS’ NOTICE OF
16        SOLE MEMBERMANAGER                MOTION AND MOTION TO STRIKE PORTIONS
          STRONG BRIDGE                     OF FIRST AMENDED COMPLAINT;                                                       v




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          MANAGEMENT LLC                    MEMORANDUM OF POINTS AND AUTHORITIES;
18     3) STRONG BRIDGE
                                            DECLARATION OF OXANA PARAFEINIK IN
          MANAGEMENT LLC                    SUPPORT THEREOF
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                    Defendants
                                            Date:   December     12,   2022       f
                                            Time:   8:30   am.
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                                            Dept:   S17
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        PLEADING TITLE -    1
                  MEMORANDUM OF POINTS AND AUTHORITIES
       I.     INTRODUCTION
             Per instructions from Judge Joseph T. Ortiz on September 28, 2022, Plaintiff Oxana
             Parafeinik filed a First Amended Complaint on September 29, 2022. This First
             Amended Complaint replaced the original Complaint of June 1, 2022. The purpose
             of this Amended Complaint was to amend any Tort Causes of Action and to provide
             an outline of the claims against Defendants’. An Amended Complaint is not
             required to state     accumulated evidence nor to include any exhibits as proof.
                                 all

             Plaintiff in her First Amended Complaint was willing to drop the Tort Cause 0f
             Action for Intentional Infliction of Emotional Distress. Ms Parafeinik continues to
             standby the Tort Cause of Actions for General Negligence and Negligent Infliction of
             Emotional Distress.      Plaintiff s Opposition will clearly identify meeting all required
10                      both these Tort Causes of Action in dual circumstances;, and for assessing
             criteria for
             personal liability against Defendant Carol Voita as an individual, not acting in the
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             business interests of Strong Bridge Management LLC.

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       II.   The requirements       for a General   Negligence Cause   Of Action are    (a) Legal duty to use
13           care; (b)Breach 0f legal duty to use care by      failing to act   with a degree of care that a
             reasonable person in the same or similar circumstances would ordinarily exercise;
14                                                                     Voita’s knowing negligent
             (c) Breach was the cause 0f all damages. If not for Carol
              actions, the injury   and damages would not have occurred; and         (d) Present   known
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              damages.
16            Defendant Carol Voita acted in a personal, irrational, and irresponsible, non         LLC
              business—like decision—making manner in two clear instances.
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18            (1) In the Response to Oxana Parafeinik’s Special Interrogatory No. 13, Defendant
                  Carol Voita, et a1. claims there was “no plumbing problem” she was aware of
19                until her tenant notified her on January 23, 2021; one day AFTER the major water
                  flood from Unit 34 into Ms Parafeinik’s Unit 33 on January 22, 2021 5-6pm.
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                  In effect, Carol Voita denied that a water  flood ever even occurred. Despite
                  claiming there was    “no plumbing  problem  before January 22, 2021, Carol Voita
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                  warned her tenant to turn off the toilet water valve after each flush.
                  It is a fact that Carol Voita/Strong Bridge filed a water flood damage claim
22                                                                                             with
                  American Modern Insurance Group (AMIG) in late January 2021 covering
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                  damages               34 and Unit 33, as well as Oxana Parafeinik personally.
                              t0 both Unit

24                This factual documentation proof is identified under AMIG water flood damage
                  Claim #67 1 6AA; and Claim #6321600AA.
25                Shortly prior to January 22, 2021 a Unit 34 plumbing problem existed known t0
                  Carol Voita which she refuses to acknowledge and honestly disclose to the Conn"
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                  Ms Voita’s own records show that a new toilet was installed by a handyman, not a
27                licensed plumber sometime in January 2021. Ms Voita did not call in a
                  professional plumber until January 25, 2021; three days AFTER the water flood
28                and damages t0 Oxana Parafeinik had occurred. By not having the Unit 34
     PLEADING TITLE   -   2