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1 Nineli Sarkissian, Esq. (SBN 317724)
Morgan & Morgan Los Angeles, LLP.
2 633 West 5th Street, Suite 2200
Los Angeles, CA 90071
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Telephone: (213) 757-6088 | Facsimile: (213) 757-6188
44 Email: nsarkissian@forthepeople.com
Attorneys for Plaintiff, RYAN SHORES
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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8 FOR THE COUNTY OF SANTA BARBARA
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10 RYAN SHORES, an individual, CASE NO.:
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11 Plaintiff, COMPLAINT FOR DAMAGES:
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12 1. NEGLIGENCE
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vs.
13 2. PREMISES LIABILITY
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VRBO HOME, a CA entity; JAMES H.
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15 NICHOLAS, as trustee of NICHOLAS
DEMAND FOR JURY TRIAL
FAMILY TRUST SEPTEMBER 19,
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15 1991; YVONNE M. NICHOLAS, as
trustee of NICHOLAS FAMILY TRUST
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16 SEPTEMBER 19, 1991 and DOES 1
18 through 100, inclusive,
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18 Defendants.
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22 COMES NOW Plaintiff RYAN SHORES, who respectfully alleges the following:
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23 GENERAL ASSERTIONS
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24 1. This is an action for personal injury arising out of the actions of the Defendants,
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25 which occurred on or about December 31, 2022 and which proximately caused
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26 serious injury to Plaintiff, RYAN SHORES . The negligent acts and omissions
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27 of the Defendants as herein alleged took place in or about the City of Santa
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27 1
COMPLAINT FOR DAMAGES
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1 Ynez, in the County of Santa Barbara, State of California. Accordingly, venue
2 within this judicial district is proper.
33 2. At all times relevant herein, Plaintiff RYAN SHORES was a resident of the City
44 of Jacksonville, State of Florida.
5 3. Plaintiff is informed and believes, and based upon such information and belief
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6 alleges that at all times relevant herein, Defendant VRBO HOME, JAMES H.
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7 NICHOLAS, YVONNE M. NICHOLAS, are over the age of 18 and residents or
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8 headquartered in or about the County of Santa Barbara.
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9 4. Plaintiff is informed and believes, and based upon such information and belief
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10 alleges that Defendant VRBO HOME, JAMES H. NICHOLAS, YVONNE M.
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11 NICHOLAS owned, managed, repaired, maintained and/or controlled the
11 property or was responsible for designing, constructing, maintaining, cleaning,
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13 repairing, or managing the property located at 3070 AVENIDA CABALLO,
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14 SANTA YNEZ, CA 93460 (hereafter “SUBJECT PREMISES”).
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15 5. The true names and/or capacities, whether individual, corporate, associate or
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15 otherwise of the Defendants DOES 1 through 50, inclusive, and each of them,
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16 are unknown to Plaintiff who therefore sues said Defendants by such fictitious
18 names pursuant to Code of Civil Procedure§ 474. Plaintiff is informed and
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19 believes and thereon alleges that each of these Defendants fictitiously named
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20 herein as a DOE is legally responsible, negligent or in some other actionable
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21 manner liable for the events and happenings hereinafter referred to, and
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22 proximately and legally caused the injuries to Plaintiff as hereinafter alleged.
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23 Plaintiff will seek leave of the Court to amend this Complaint to insert the true
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24 names and/or capacities of such fictitiously-named Defendants when the same
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25 has been ascertained.
24 6. Plaintiff is informed and believes, and based upon such information and belief
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27 alleges that at all times relevant hereto, each Defendant, including DOES 1
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28 through 50, was the owner, servant, agent, joint-venturer, employee or employer
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COMPLAINT FOR DAMAGES
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1 of each of its co-Defendants, and in doing the acts hereinafter mentioned, each
2 Defendant was acting within the scope of its authority and with the permission
33 and consent of its co-Defendants, and each of them, and that said acts of each
44 Defendant was ratified by said Defendant's co-Defendants, and each of them and
5 every Defendant, as aforesaid, when acting as a principal, was negligent in the
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6 selection and hiring of each and every other Defendant as an agent, employee
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7 and/or joint venturer.
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8 7. Plaintiff is informed and believes, and based upon such information and belief
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9 alleges that all of the acts, conduct, and nonfeasance herein carried out by each
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10 and every representative, employee or agent of each and every corporate or
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11 business defendant, were authorized, ordered, and directed by the respective
11 defendant’s corporate or business employers, officers, directors and/or managing
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13 agents; that in addition thereto, said corporate or business employers, officers,
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14 directors and/or managing agents had advance knowledge of, authorized, and
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15 participated in the herein described acts, conduct and nonfeasance of their
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15 representatives, employees, agents and each of them; and that in addition thereto,
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16 upon the completion of the aforesaid acts, conduct and nonfeasance of the
18 employees and agents, the aforesaid corporate and business employers, officers,
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19 directors and/or managing agents respectively ratified, accepted the benefits of,
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20 condoned and approved of each and all of said acts, conduct or nonfeasance of
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21 their co-employees, employers, and agents. In addition, at all times herein
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22 relevant, each defendant, whether named herein or designated as a DOE, was a
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23 principal, master, employer and joint venturer or every other defendant, and
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24 every defendant was acting within the scope of said agency authority,
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25 employment and joint venture.
24 8. On or about December 31, 2022, Plaintiff RYAN SHORES was an invitee and
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27 lawfully on the SUBJECT PREMISES.
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28 ///
27 3
COMPLAINT FOR DAMAGES
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1 9. While using the SUBJECT PREMISES in a reasonably foreseeable manner,
2 Plaintiff RYAN SHORES was seriously injured when the Plaintiff slipped
33 and/or fell due to the steps that that were wet from the rain and were not slip
44 resistant. The steps were slippery with no distinguishable signs or slip resistance
5 aspects between the floor and the steps. The steps created an unreasonable risk
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6 of harm that Defendants knew or should have known about, and Defendants
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7 failed to clean or repair the condition, protect against harm from the condition,
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8 or provide adequate warning of the condition.
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9 FIRST CAUSE OF ACTION
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10 Negligence
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11 [Against All Defendants]
11 10. Plaintiff incorporates herein by reference, as though fully set forth at length,
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13 each and every allegation and statement contained in the preceding and
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14 subsequent paragraphs, inclusive, of the General Assertions above and the
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15 Second Cause of Action.
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15 11. On the above date, Plaintiff was an invitee of the SUBJECT PREMISIS, and
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16 was lawfully on the SUBJECT PREMISES at the time of the incident.
18 12. Plaintiff incorporates herein by reference, as though fully set forth at length, each
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19 and every allegation and statement contained in the preceding and subsequent
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20 paragraphs, inclusive, of the General Assertions above and the Second Cause of
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21 Action.
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22 13. On the above date, Plaintiff was an invitee of the SUBJECT PREMISIS, and was
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23 lawfully on the SUBJECT PREMISES at the time of the incident.
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24 14. That at said time and place, as aforesaid, Defendants and DOES 1 through 50,
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25 inclusive, and each of them, owed a duty of reasonable care toward Plaintiff and
24 others based upon Defendants’ ownership of the property, their right to exercise
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27 of control over the premises, their management and maintenance of the property,
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28 ///
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COMPLAINT FOR DAMAGES
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1 their contractual obligations, custom and practice in the industry, and the
2 commission of affirmative acts that resulted in injury to the Plaintiff.
33 15. Additionally, the duty owed by Defendants and DOES 1 through 50, inclusive and
44 each of them is based on Civil Code § 1714(a) which mandates that everyone is
5 responsible for injury occasioned to another by his or her want of ordinary care or
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6 skill in the management of his or her property.
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7 16. Plaintiff is informed and believes, and based upon such information and belief
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8 alleges Defendants and DOES 1 through 50, inclusive and each of them breached
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9 said duty when by the acts of their agents and employees they negligently,
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10 carelessly and recklessly constructed, inspected, maintained, contracted,
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11 subcontracted, supervised, controlled, engineered, and designed the SUBJECT
11 PREMISES.
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13 17. Further, Plaintiff is informed and believes, and based upon such information and
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14 belief alleges that Defendants and DOES 1 through 50, inclusive and each of them,
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15 negligently and carelessly created, assisted, developed and/or approved the
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15 dangerous condition which consisted of wet floor and steps with no caution or slip
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16 resistant aspects for an unnecessary duration of time. The foregoing created an
18 unreasonable risk of harm that Defendants knew or should have known about, and
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19 Defendants failed to clean or repair the condition, protect against harm from the
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20 condition, or provide adequate warning of the condition.
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21 18. Plaintiff is informed and believes, and based upon such information and belief
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22 alleges that multiple individuals complained to the Defendants, inclusive and each
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23 of them, about the condition of the SUBJECT PREMISES. However, as part of a
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24 concerted effort to save money at the expense of the safety of foreseeable users of
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25 the SUBJECT PREMISES, Defendants took no action to fix or rectify the
24 condition or to repair the condition.
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27 19. Further, Plaintiff is informed and believes, and based upon such information and
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28 belief alleges that the Defendants and DOES 1 through 50, inclusive and each of
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COMPLAINT FOR DAMAGES
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1 them, regularly inspected the SUBJECT PREMISES and that they were aware of
2 the dangerous nature of the SUBJECT PREMISES. Further, Defendants, and each
33 of them, had actual or constructive knowledge of the unsafe conditions, as
44 aforesaid, and performed acts that affirmatively contributed to the creation of
5 these unsafe conditions. Each of these acts was affirmative in nature, and created
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6 the dangerous condition leading to the injury of Plaintiff.
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7 20. Further, Plaintiff is informed and believes, and based upon such information and
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8 belief alleges that the Defendants and DOES 1 through 50, inclusive and each of
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9 them, knew or in the exercise of reasonable care should have known of the
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10 dangerous nature of the SUBJECT PREMISES and failed to warn foreseeable
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11 users of the dangerous nature of the premises.
11 21. Further, Plaintiff is informed and believes, and based upon such information and
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13 belief alleges that the Defendants and DOES 1 through 50, inclusive and each of
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14 them could have prevented the subject incident from occurring and that the costs
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15 associated with maintaining the SUBJECT PREMISES in a safe condition would
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15 have been minimal.
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16 22. Further, Plaintiff is informed and believes, and based upon such information and
18 belief alleges that the Defendants knew or should have known that the specific
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19 employee(s) who performed the above referenced acts was unfit and Defendants
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20 were therefore negligent in hiring, retaining, training, and supervising their
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21 employees.
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22 23. As a direct, legal, and proximate result of the negligent acts and/or omissions of
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23 Defendant and DOES 1 through 50, inclusive and each of them, Plaintiff suffered
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24 severe injuries and attendant damages.
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25 24. As a further direct, legal and proximate result of the combined and concurrent
24 wrongful conduct of all of the Defendants, Plaintiff suffered and sustained loss
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27 and damages within the jurisdiction of the Superior Court of California, including,
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28 ///
27 6
COMPLAINT FOR DAMAGES
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1 but not limited to severe and permanent injury to the body and nervous system of
2 Plaintiff.
33 25. In addition, as a direct, legal, and proximate result of the combined and concurrent
44 wrongful acts of the Defendants, Plaintiff suffered and sustained the following
5 loss and damages within the jurisdiction of the Superior Court of California.
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6 a. Medical, ambulance and incidental expenses, in an amount to be established
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7 at the time of trial according to proof;
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8 b. Economic loss, including but not limited to loss of wages and salary
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9 expectancy in an amount to be established at the time of trial according to
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10 proof;
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11 c. Loss or damage to tangible personal property, in an amount to be established
11 at the time of trial according to proof; and
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13 d. Pre-trial interest, in an amount to be established at the time of trial according
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14 to proof.
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15 SECOND CAUSE OF ACTION
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15 Premises Liability
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16 [Against all Defendants]
18 26. Plaintiff incorporates herein by reference, as though fully set forth at length,
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19 each and every allegation and statement contained in the preceding paragraphs,
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20 inclusive, of the General Assertions and the First Cause of Action above.
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21 27. On the above date, Plaintiff was lawfully on the SUBJECT PREMISES and was
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22 using the SUBJECT PREMISES in a reasonably foreseeable manner.
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23 28. Plaintiff is informed and believes, and based upon such information and belief
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24 alleges that on the aforementioned date, and while Plaintiff was using the
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25 SUBJECT PREMISES in a reasonably foreseeable manner, Defendant and
24 DOES 1 through 50, inclusive and each of them so negligently and carelessly
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27 operated, supervised, cared for, inspected, and maintained the SUBJECT
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COMPLAINT FOR DAMAGES
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1 PREMISES so as to cause the subject incident which resulted in the Plaintiff
2 being injured.
33 29. As an invitee and licensee of the premises, Defendant and DOES 1 through 50,
44 inclusive and each of them, owed a duty of reasonable care toward Plaintiff and
5 others based upon Defendant’s ownership, possession, and operation of the
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6 subject premises where the injury-causing incident occurred. Additionally, said
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7 duty is based on the requirements of Civil Code §1714 requiring all persons to
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8 act in a reasonable manner toward others and on the requirements of Rowland v.
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9 Christian (1968) 69 Cal.2d 108 regarding liability of landowner for those on the
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10 premises.
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11 30. Plaintiff is informed and believes, and based upon such information and belief
11 alleges that Defendants and DOES 1 through 50, inclusive and each of them,
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13 negligently and carelessly created, assisted, developed and/or approved the
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14 dangerous condition which consisted of wet floor and steps with no caution or
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15 slip resistant aspects for an unnecessary duration of time. The foregoing created
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15 an unreasonable risk of harm that Defendants knew or should have known about,
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16 and Defendants failed to clean or repair the condition, protect against harm from
18 the condition, or provide adequate warning of the condition. Defendants
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19 affirmatively approved and oversaw the unsafe conditions existing at the time of
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20 the subject incident.
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21 31. Further, at the time of the subject incident, the SUBJECT PREMISES was in a
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22 dangerous condition as it posed a serious risk of injury to foreseeable users,
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23 including Plaintiff. The dangerous nature of the SUBJECT PREMISES was
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24 known to the Defendants or in the exercise of reasonable care should have been
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25 known to the Defendants, inclusive and each of them. However, the dangerous
24 nature of the SUBJECT PREMISES was not known to the Plaintiff.
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25
27 ///
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28 ///
27 8
COMPLAINT FOR DAMAGES
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1 32. As a direct, legal, and proximate result of the negligent acts and/or omissions of
2 Defendants and DOES 1 through 50, inclusive and each of them, Plaintiff
33 suffered severe injuries and attendant damages.
44 33. As a further direct, legal and proximate result of the combined and concurrent
5 wrongful conduct of all of the Defendants, Plaintiff. suffered and sustained loss
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6 and damages within the jurisdiction of the Superior Court of California,
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7 including, but not limited to severe and permanent injury to the body and
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8 nervous system of Plaintiff.
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9 34. In addition, as a direct, legal, and proximate result of the combined and
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10 concurrent wrongful acts of the Defendants, Plaintiffs, suffered and sustained the
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11 following loss and damages within the jurisdiction of the Superior Court of
11 California.
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13 a. Medical, ambulance and incidental expenses, in the amount to be established
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14 at the time of trial according to proof.
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15 b. Economic loss, including but limited to loss of wages and salary expectancy
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15 in the amount to be established at the time of trial according to proof.
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16 c. Loss or damage to tangible personal property, in an amount to be established
18 at the time of trial according to proof; and
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19 d. Pre-trial interest in the amount to be established at the time of trial according
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20 to proof.
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21 WHEREFORE, Plaintiff RYAN SHORES hereby prays for judgement against all
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22 Defendants and each of them as follows:
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23 1. For repayment of all special damages incurred, including but not limited to all past and
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24 future wage loss, hospital and medical expenses.
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25 2. For all general damages according to proof.
24 3. For all prejudgment interest as allowed by law.
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27 4. For costs of suit incurred herein.
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28 ///
27 9
COMPLAINT FOR DAMAGES
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1 5. For such other and further relief as the Court deems just and proper.
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DATED: October 30, 2023 MORGAN & MORGAN LOS ANGELES, LLP
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5 By: ___________________________
6 NINELI SARKISSIAN, Esq.
6 Attorneys for Plaintiff, RYAN SHORES
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9 DEMAND FOR JURY TRIAL
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10 Plaintiff demands a trial by jury in this action.
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12 DATED: October 30, 2023 MORGAN & MORGAN LOS ANGELES, LLP
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By: ___________________________
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15 Nineli Sarkissian, Esq.
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15 Attorney for Plaintiff, RYAN SHORES
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Preview
1 Nineli Sarkissian, Esq. (SBN 317724) Morgan & Morgan Los Angeles, LLP. 2 633 West 5th Street, Suite 2200 Los Angeles, CA 90071 33 Telephone: (213) 757-6088 | Facsimile: (213) 757-6188 44 Email: nsarkissian@forthepeople.com Attorneys for Plaintiff, RYAN SHORES 5 5 6 6 7 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 8 FOR THE COUNTY OF SANTA BARBARA 9 9 10 10 RYAN SHORES, an individual, CASE NO.: 11 11 Plaintiff, COMPLAINT FOR DAMAGES: 12 12 1. NEGLIGENCE 13 vs. 13 2. PREMISES LIABILITY 14 VRBO HOME, a CA entity; JAMES H. 14 15 NICHOLAS, as trustee of NICHOLAS DEMAND FOR JURY TRIAL FAMILY TRUST SEPTEMBER 19, 16 15 1991; YVONNE M. NICHOLAS, as trustee of NICHOLAS FAMILY TRUST 17 16 SEPTEMBER 19, 1991 and DOES 1 18 through 100, inclusive, 17 19 18 Defendants. 20 19 21 20 22 COMES NOW Plaintiff RYAN SHORES, who respectfully alleges the following: 21 23 GENERAL ASSERTIONS 22 24 1. This is an action for personal injury arising out of the actions of the Defendants, 23 25 which occurred on or about December 31, 2022 and which proximately caused 24 26 serious injury to Plaintiff, RYAN SHORES . The negligent acts and omissions 25 27 of the Defendants as herein alleged took place in or about the City of Santa 26 28 27 1 COMPLAINT FOR DAMAGES 28 1 Ynez, in the County of Santa Barbara, State of California. Accordingly, venue 2 within this judicial district is proper. 33 2. At all times relevant herein, Plaintiff RYAN SHORES was a resident of the City 44 of Jacksonville, State of Florida. 5 3. Plaintiff is informed and believes, and based upon such information and belief 5 6 alleges that at all times relevant herein, Defendant VRBO HOME, JAMES H. 6 7 NICHOLAS, YVONNE M. NICHOLAS, are over the age of 18 and residents or 7 8 headquartered in or about the County of Santa Barbara. 8 9 4. Plaintiff is informed and believes, and based upon such information and belief 9 10 alleges that Defendant VRBO HOME, JAMES H. NICHOLAS, YVONNE M. 10 11 NICHOLAS owned, managed, repaired, maintained and/or controlled the 11 property or was responsible for designing, constructing, maintaining, cleaning, 12 12 13 repairing, or managing the property located at 3070 AVENIDA CABALLO, 13 14 SANTA YNEZ, CA 93460 (hereafter “SUBJECT PREMISES”). 14 15 5. The true names and/or capacities, whether individual, corporate, associate or 16 15 otherwise of the Defendants DOES 1 through 50, inclusive, and each of them, 17 16 are unknown to Plaintiff who therefore sues said Defendants by such fictitious 18 names pursuant to Code of Civil Procedure§ 474. Plaintiff is informed and 17 19 believes and thereon alleges that each of these Defendants fictitiously named 18 20 herein as a DOE is legally responsible, negligent or in some other actionable 19 21 manner liable for the events and happenings hereinafter referred to, and 20 22 proximately and legally caused the injuries to Plaintiff as hereinafter alleged. 21 23 Plaintiff will seek leave of the Court to amend this Complaint to insert the true 22 24 names and/or capacities of such fictitiously-named Defendants when the same 23 25 has been ascertained. 24 6. Plaintiff is informed and believes, and based upon such information and belief 26 25 27 alleges that at all times relevant hereto, each Defendant, including DOES 1 26 28 through 50, was the owner, servant, agent, joint-venturer, employee or employer 27 2 COMPLAINT FOR DAMAGES 28 1 of each of its co-Defendants, and in doing the acts hereinafter mentioned, each 2 Defendant was acting within the scope of its authority and with the permission 33 and consent of its co-Defendants, and each of them, and that said acts of each 44 Defendant was ratified by said Defendant's co-Defendants, and each of them and 5 every Defendant, as aforesaid, when acting as a principal, was negligent in the 5 6 selection and hiring of each and every other Defendant as an agent, employee 6 7 and/or joint venturer. 7 8 7. Plaintiff is informed and believes, and based upon such information and belief 8 9 alleges that all of the acts, conduct, and nonfeasance herein carried out by each 9 10 and every representative, employee or agent of each and every corporate or 10 11 business defendant, were authorized, ordered, and directed by the respective 11 defendant’s corporate or business employers, officers, directors and/or managing 12 12 13 agents; that in addition thereto, said corporate or business employers, officers, 13 14 directors and/or managing agents had advance knowledge of, authorized, and 14 15 participated in the herein described acts, conduct and nonfeasance of their 16 15 representatives, employees, agents and each of them; and that in addition thereto, 17 16 upon the completion of the aforesaid acts, conduct and nonfeasance of the 18 employees and agents, the aforesaid corporate and business employers, officers, 17 19 directors and/or managing agents respectively ratified, accepted the benefits of, 18 20 condoned and approved of each and all of said acts, conduct or nonfeasance of 19 21 their co-employees, employers, and agents. In addition, at all times herein 20 22 relevant, each defendant, whether named herein or designated as a DOE, was a 21 23 principal, master, employer and joint venturer or every other defendant, and 22 24 every defendant was acting within the scope of said agency authority, 23 25 employment and joint venture. 24 8. On or about December 31, 2022, Plaintiff RYAN SHORES was an invitee and 26 25 27 lawfully on the SUBJECT PREMISES. 26 28 /// 27 3 COMPLAINT FOR DAMAGES 28 1 9. While using the SUBJECT PREMISES in a reasonably foreseeable manner, 2 Plaintiff RYAN SHORES was seriously injured when the Plaintiff slipped 33 and/or fell due to the steps that that were wet from the rain and were not slip 44 resistant. The steps were slippery with no distinguishable signs or slip resistance 5 aspects between the floor and the steps. The steps created an unreasonable risk 5 6 of harm that Defendants knew or should have known about, and Defendants 6 7 failed to clean or repair the condition, protect against harm from the condition, 7 8 or provide adequate warning of the condition. 8 9 FIRST CAUSE OF ACTION 9 10 Negligence 10 11 [Against All Defendants] 11 10. Plaintiff incorporates herein by reference, as though fully set forth at length, 12 12 13 each and every allegation and statement contained in the preceding and 13 14 subsequent paragraphs, inclusive, of the General Assertions above and the 14 15 Second Cause of Action. 16 15 11. On the above date, Plaintiff was an invitee of the SUBJECT PREMISIS, and 17 16 was lawfully on the SUBJECT PREMISES at the time of the incident. 18 12. Plaintiff incorporates herein by reference, as though fully set forth at length, each 17 19 and every allegation and statement contained in the preceding and subsequent 18 20 paragraphs, inclusive, of the General Assertions above and the Second Cause of 19 21 Action. 20 22 13. On the above date, Plaintiff was an invitee of the SUBJECT PREMISIS, and was 21 23 lawfully on the SUBJECT PREMISES at the time of the incident. 22 24 14. That at said time and place, as aforesaid, Defendants and DOES 1 through 50, 23 25 inclusive, and each of them, owed a duty of reasonable care toward Plaintiff and 24 others based upon Defendants’ ownership of the property, their right to exercise 26 25 27 of control over the premises, their management and maintenance of the property, 26 28 /// 27 4 COMPLAINT FOR DAMAGES 28 1 their contractual obligations, custom and practice in the industry, and the 2 commission of affirmative acts that resulted in injury to the Plaintiff. 33 15. Additionally, the duty owed by Defendants and DOES 1 through 50, inclusive and 44 each of them is based on Civil Code § 1714(a) which mandates that everyone is 5 responsible for injury occasioned to another by his or her want of ordinary care or 5 6 skill in the management of his or her property. 6 7 16. Plaintiff is informed and believes, and based upon such information and belief 7 8 alleges Defendants and DOES 1 through 50, inclusive and each of them breached 8 9 said duty when by the acts of their agents and employees they negligently, 9 10 carelessly and recklessly constructed, inspected, maintained, contracted, 10 11 subcontracted, supervised, controlled, engineered, and designed the SUBJECT 11 PREMISES. 12 12 13 17. Further, Plaintiff is informed and believes, and based upon such information and 13 14 belief alleges that Defendants and DOES 1 through 50, inclusive and each of them, 14 15 negligently and carelessly created, assisted, developed and/or approved the 16 15 dangerous condition which consisted of wet floor and steps with no caution or slip 17 16 resistant aspects for an unnecessary duration of time. The foregoing created an 18 unreasonable risk of harm that Defendants knew or should have known about, and 17 19 Defendants failed to clean or repair the condition, protect against harm from the 18 20 condition, or provide adequate warning of the condition. 19 21 18. Plaintiff is informed and believes, and based upon such information and belief 20 22 alleges that multiple individuals complained to the Defendants, inclusive and each 21 23 of them, about the condition of the SUBJECT PREMISES. However, as part of a 22 24 concerted effort to save money at the expense of the safety of foreseeable users of 23 25 the SUBJECT PREMISES, Defendants took no action to fix or rectify the 24 condition or to repair the condition. 26 25 27 19. Further, Plaintiff is informed and believes, and based upon such information and 26 28 belief alleges that the Defendants and DOES 1 through 50, inclusive and each of 27 5 COMPLAINT FOR DAMAGES 28 1 them, regularly inspected the SUBJECT PREMISES and that they were aware of 2 the dangerous nature of the SUBJECT PREMISES. Further, Defendants, and each 33 of them, had actual or constructive knowledge of the unsafe conditions, as 44 aforesaid, and performed acts that affirmatively contributed to the creation of 5 these unsafe conditions. Each of these acts was affirmative in nature, and created 5 6 the dangerous condition leading to the injury of Plaintiff. 6 7 20. Further, Plaintiff is informed and believes, and based upon such information and 7 8 belief alleges that the Defendants and DOES 1 through 50, inclusive and each of 8 9 them, knew or in the exercise of reasonable care should have known of the 9 10 dangerous nature of the SUBJECT PREMISES and failed to warn foreseeable 10 11 users of the dangerous nature of the premises. 11 21. Further, Plaintiff is informed and believes, and based upon such information and 12 12 13 belief alleges that the Defendants and DOES 1 through 50, inclusive and each of 13 14 them could have prevented the subject incident from occurring and that the costs 14 15 associated with maintaining the SUBJECT PREMISES in a safe condition would 16 15 have been minimal. 17 16 22. Further, Plaintiff is informed and believes, and based upon such information and 18 belief alleges that the Defendants knew or should have known that the specific 17 19 employee(s) who performed the above referenced acts was unfit and Defendants 18 20 were therefore negligent in hiring, retaining, training, and supervising their 19 21 employees. 20 22 23. As a direct, legal, and proximate result of the negligent acts and/or omissions of 21 23 Defendant and DOES 1 through 50, inclusive and each of them, Plaintiff suffered 22 24 severe injuries and attendant damages. 23 25 24. As a further direct, legal and proximate result of the combined and concurrent 24 wrongful conduct of all of the Defendants, Plaintiff suffered and sustained loss 26 25 27 and damages within the jurisdiction of the Superior Court of California, including, 26 28 /// 27 6 COMPLAINT FOR DAMAGES 28 1 but not limited to severe and permanent injury to the body and nervous system of 2 Plaintiff. 33 25. In addition, as a direct, legal, and proximate result of the combined and concurrent 44 wrongful acts of the Defendants, Plaintiff suffered and sustained the following 5 loss and damages within the jurisdiction of the Superior Court of California. 5 6 a. Medical, ambulance and incidental expenses, in an amount to be established 6 7 at the time of trial according to proof; 7 8 b. Economic loss, including but not limited to loss of wages and salary 8 9 expectancy in an amount to be established at the time of trial according to 9 10 proof; 10 11 c. Loss or damage to tangible personal property, in an amount to be established 11 at the time of trial according to proof; and 12 12 13 d. Pre-trial interest, in an amount to be established at the time of trial according 13 14 to proof. 14 15 SECOND CAUSE OF ACTION 16 15 Premises Liability 17 16 [Against all Defendants] 18 26. Plaintiff incorporates herein by reference, as though fully set forth at length, 17 19 each and every allegation and statement contained in the preceding paragraphs, 18 20 inclusive, of the General Assertions and the First Cause of Action above. 19 21 27. On the above date, Plaintiff was lawfully on the SUBJECT PREMISES and was 20 22 using the SUBJECT PREMISES in a reasonably foreseeable manner. 21 23 28. Plaintiff is informed and believes, and based upon such information and belief 22 24 alleges that on the aforementioned date, and while Plaintiff was using the 23 25 SUBJECT PREMISES in a reasonably foreseeable manner, Defendant and 24 DOES 1 through 50, inclusive and each of them so negligently and carelessly 26 25 27 operated, supervised, cared for, inspected, and maintained the SUBJECT 26 28 /// 27 7 COMPLAINT FOR DAMAGES 28 1 PREMISES so as to cause the subject incident which resulted in the Plaintiff 2 being injured. 33 29. As an invitee and licensee of the premises, Defendant and DOES 1 through 50, 44 inclusive and each of them, owed a duty of reasonable care toward Plaintiff and 5 others based upon Defendant’s ownership, possession, and operation of the 5 6 subject premises where the injury-causing incident occurred. Additionally, said 6 7 duty is based on the requirements of Civil Code §1714 requiring all persons to 7 8 act in a reasonable manner toward others and on the requirements of Rowland v. 8 9 Christian (1968) 69 Cal.2d 108 regarding liability of landowner for those on the 9 10 premises. 10 11 30. Plaintiff is informed and believes, and based upon such information and belief 11 alleges that Defendants and DOES 1 through 50, inclusive and each of them, 12 12 13 negligently and carelessly created, assisted, developed and/or approved the 13 14 dangerous condition which consisted of wet floor and steps with no caution or 14 15 slip resistant aspects for an unnecessary duration of time. The foregoing created 16 15 an unreasonable risk of harm that Defendants knew or should have known about, 17 16 and Defendants failed to clean or repair the condition, protect against harm from 18 the condition, or provide adequate warning of the condition. Defendants 17 19 affirmatively approved and oversaw the unsafe conditions existing at the time of 18 20 the subject incident. 19 21 31. Further, at the time of the subject incident, the SUBJECT PREMISES was in a 20 22 dangerous condition as it posed a serious risk of injury to foreseeable users, 21 23 including Plaintiff. The dangerous nature of the SUBJECT PREMISES was 22 24 known to the Defendants or in the exercise of reasonable care should have been 23 25 known to the Defendants, inclusive and each of them. However, the dangerous 24 nature of the SUBJECT PREMISES was not known to the Plaintiff. 26 25 27 /// 26 28 /// 27 8 COMPLAINT FOR DAMAGES 28 1 32. As a direct, legal, and proximate result of the negligent acts and/or omissions of 2 Defendants and DOES 1 through 50, inclusive and each of them, Plaintiff 33 suffered severe injuries and attendant damages. 44 33. As a further direct, legal and proximate result of the combined and concurrent 5 wrongful conduct of all of the Defendants, Plaintiff. suffered and sustained loss 5 6 and damages within the jurisdiction of the Superior Court of California, 6 7 including, but not limited to severe and permanent injury to the body and 7 8 nervous system of Plaintiff. 8 9 34. In addition, as a direct, legal, and proximate result of the combined and 9 10 concurrent wrongful acts of the Defendants, Plaintiffs, suffered and sustained the 10 11 following loss and damages within the jurisdiction of the Superior Court of 11 California. 12 12 13 a. Medical, ambulance and incidental expenses, in the amount to be established 13 14 at the time of trial according to proof. 14 15 b. Economic loss, including but limited to loss of wages and salary expectancy 16 15 in the amount to be established at the time of trial according to proof. 17 16 c. Loss or damage to tangible personal property, in an amount to be established 18 at the time of trial according to proof; and 17 19 d. Pre-trial interest in the amount to be established at the time of trial according 18 20 to proof. 19 21 WHEREFORE, Plaintiff RYAN SHORES hereby prays for judgement against all 20 22 Defendants and each of them as follows: 21 23 1. For repayment of all special damages incurred, including but not limited to all past and 22 24 future wage loss, hospital and medical expenses. 23 25 2. For all general damages according to proof. 24 3. For all prejudgment interest as allowed by law. 26 25 27 4. For costs of suit incurred herein. 26 28 /// 27 9 COMPLAINT FOR DAMAGES 28 1 5. For such other and further relief as the Court deems just and proper. 2 33 DATED: October 30, 2023 MORGAN & MORGAN LOS ANGELES, LLP 44 5 5 By: ___________________________ 6 NINELI SARKISSIAN, Esq. 6 Attorneys for Plaintiff, RYAN SHORES 7 7 8 8 9 DEMAND FOR JURY TRIAL 9 10 Plaintiff demands a trial by jury in this action. 10 11 11 12 DATED: October 30, 2023 MORGAN & MORGAN LOS ANGELES, LLP 12 13 13 14 By: ___________________________ 14 15 Nineli Sarkissian, Esq. 16 15 Attorney for Plaintiff, RYAN SHORES 17 16 18 17 19 18 20 19 21 20 22 21 23 22 24 23 25 24 26 25 27 26 28 27 10 COMPLAINT FOR DAMAGES 28