Preview
PLD.PI.OOl
ATTORNEY OR PARTY WITHOUT AfiORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
S. Spini, Esq. (State Bar # 153652)
-David
Scrusss. Snini & Fulton
716 6"ceian Street, Suite 100
Santa Cruz, CA 95060
TELEPHoNENo: (831) 457-1700 FAXNo.(oprio,ar, (831) 457-3788
E-MA|L ADDRESS (optionat): dspini@SSfi nj UrylaW.COm
ATTORNEY FOR (Name):
supERroR couRT oF cALrFoRNrA, couNTy or SANTA CRUZ
STREETADDRESS' 701 OCean Street
MATLTNGADDRESs, 701 OCean Street
crryANDzrPcoDe' SantA Cruz 95060
BRANCH NAME: Santa CrUZ Main BranCh
PLAINTIFF: Daniel Obert
DEFENDANT: Santa CruzPort District and
fFl ooes r ro 25
COMPLAINT-Personal lnj u ry, Property Damage, Wron gfu I Death
l-l AMENDED (Number):
Type (check all that apply):
l- nloroR vEHtcLE Tx I oTHER (specify): Premises Liability
E Property
TE Personal lnjury
Damage WrongfulDeath
Other Dama ges (s pecify) :
Jurisdiction (check all that apply): CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
I x I acloN ls AN UNLIMITED CIVIL CASE (exceeds $25,000)
l-l ncrloN ls RECLASSIFIED by this amended complaint
l-l from limited to unlimited
l-l from unlimited to limited
1. Pfaintiff (name or names,;; Daniel Obert
alleges causes of action against defendant (name or names): Santa Cruz Port District and
2. This pleading, including attachments and exhibits, consists of the following number of pages: 4
3. Each plaintiff named above is a competent adult
(1) l-l a corporation qualified to do business in California
(2) l-l an unincorporated entity (describe):
(3) t-l a public entity (describe):
(4) l-l a minor f] an adult
(a) l-l for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) l-_l other (specify):
(5) t-l other (specify):
b. l---l except plaintiff (name):
(1) a corporation qualified to do business in California
(2t an unincorporated entity (describe) :
(4) f-l a minor l-l an adult
(a) l---l for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) T-l other (specify):
(5) l-- other (specify):
l---l lnforration about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
COMPLAINT-Personal lnjury, Property Code of Civil Procedure, S 425.12
ww.couftinfo.ca.gov
PLD-Pl-001 [Rev. January 1,20071 Damage, Wrongful Death
LexisNexis@ Automated California Judicial Council Forms
PLD.PI.OOl
SHORT TITLE: CASE NUMBER:
Obert v. Santa Cruz Port District, et al.
4. l--- Ptaintiff (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. lTl
except defendant (name): Santa Cruz Port District c. [_l except defendant (name):
(1 ) l-l
a business organization, form unknown (1) l-_l a business organization, form unknown
(2) |_-l a corporation (2) l-l a corporation
(3) l-_l an unincorporated entity (describe): (3) l-l an unincorporated entity (describe):
(4) TTI a public entity (describe); (4) l-l a public entily (describe):
Municipal Port District
(5) T-l olher (specify):
b. except defendant (name):
(1) I-l a business organization, form unknown (1) l-- a business organization, form unknown
(2) l-_l a corporation (2) a corporation
(3) n an unincorporated entity (describe): (3) an unincorporated entily (describe)
(4) l-l a public entily (describe):
(5) l-l other (specify):
l---l lnformation 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.
a. X Doe defendanls (specify Doe numbers): 1-10 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. l Doe defendants (specr[z Doe numbers) l-10 are persons whose capacities are unknown to
plaintiff.
7, F-l Oefendants who are joined under Code of Civil Procedure section 382 are (names):
I This court is the proper court because
a. l-l at least one defendant now resides in its jurisdictional area.
b. l-l the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area
c. I x I injury to person or damage to personal property occurred in its jurisdictional area.
9. f xl ptaintiff is required to comply with a claims statute, and
a. f x I has complied with applicable claims statutes, or
b. l-l is excused from complying because (specify):
PLD-Pl-00'l [Rev. January 1, 20071 COMPLAINT-Personallnjury, Property Pasezor3
Damage, Wrongful Death
LexisNexis@ Automated California Judicial Council Forms
PLD-PI.OO1
SHORT TITLE: CASE NUMBER:
Obert v. Santa Cruz Port District, et al.
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 aftached):
a. l-l Motor Vehicle
b. l-l General Negligence
c. l-l lntentionalTort
d. l--l Products Liability
e. fTl Premises Liability
f. [- other (specify):
11. Plaintiff has suffered
a. lTl wage loss
b. l-l bss of use of property
c. I x I hospital and medical expenses
d. l-x I general damage
e. l-l property damage
f, fx- loss of earning capacity
S. l-l other damag e (specify):
12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. l-l listed in Attachment 12
b, l--l 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
a. (1) E compensatory damages
(2) E punitive damages
The amount of damages is (rn cases for personal injury or wrongful death, you must check (1)):
(1) t x I according to proof
(2) V in the amount of:$
15. l-l The paragraphs of this complaint alleged on information and belief are as follows (spectfy numbers):
Date: February 7,2024
David S. Spini, Esq. )
(TYPE OR PRINT NAME) OF PLAINTIFF OR ATTORNEY)
PLD-Pl-001 [Rev. January 1, 20071 COMPLAINT-Personal lnjury, Property Paqe 3 of 3
Damage, Wrongful Death
LexisNexis@ Automated California Judicial Council Forms
PLD.PI.OOl
SHORT TITLE: CASE NUMBER:
Obert v. Santa Cruz Port District, et al.
FIRST CAUSE OF ACTION-premises Liability Page 4
(number)
ATTACHMENT TO E Comptaint l-l
Cross - Comptaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name): Daniel Obert
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): Iune 30,2023 plaintiff was injured on the following premises in the following
fashion (desciption of premises and circumstances of injury):
On June 30,2023, Plaintiff Daniel Obert was exiting his commercial fishing vessel in or around Dock T
when he stepped into an open but unmarked hole created by a removed piling. This open and unmarked
hole created a dangerous condition of public property which created a foreseeable risk of injury to
Plaintiff. The Santa Cruz Port District controlled Dock T, created the dangerous condition, and failed to
warn or otherwise repair the dangerous condition within a reasonable period of time. As a result of
falling into the open and unmarked hole, claimant sustained injury to his shoulder, knee and hand,
requiring surgical and other medical intervention.
Prem.L-2. Count One-Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names):
fl] Do"t to
Prem.L-3 Gount Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
l-l Do"" to
Plaintiff, a recreational user, was l---l an invited guest l-l a paying guest.
Prem.L-4. l-Fl Count Three-Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names); Santa Cruz Port District
fTlDoes I to 25
a. l-l The defendant public entity had l-_-l actual l-l constructive notice of the existence of the
_ dangerous condition in sufficient time prior to the injury to have corrected it.
b. I I The condition was created by employees of the defendant public entity.
Prem.L-S. a. f__l 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):
l-l Does to
b. l-l The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
l-l described in attachment Prem.L-S.b l-l follows (names):
"r
Paqe I of I
Form Approved for Optional Use
Judicial Council of California CAUSE OF ACTION-Premises Liability Code of Civil Procedure, S 425.12
www.@uiinfo.ca.gov
PLD-Pl-001(4) [Rev. January 1, 2007]
LexisNexis@ Automated California Judicial Council Forns
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PLD.PI.OOl ATTORNEY OR PARTY WITHOUT AfiORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY S. Spini, Esq. (State Bar # 153652) -David Scrusss. Snini & Fulton 716 6"ceian Street, Suite 100 Santa Cruz, CA 95060 TELEPHoNENo: (831) 457-1700 FAXNo.(oprio,ar, (831) 457-3788 E-MA|L ADDRESS (optionat): dspini@SSfi nj UrylaW.COm ATTORNEY FOR (Name): supERroR couRT oF cALrFoRNrA, couNTy or SANTA CRUZ STREETADDRESS' 701 OCean Street MATLTNGADDRESs, 701 OCean Street crryANDzrPcoDe' SantA Cruz 95060 BRANCH NAME: Santa CrUZ Main BranCh PLAINTIFF: Daniel Obert DEFENDANT: Santa CruzPort District and fFl ooes r ro 25 COMPLAINT-Personal lnj u ry, Property Damage, Wron gfu I Death l-l AMENDED (Number): Type (check all that apply): l- nloroR vEHtcLE Tx I oTHER (specify): Premises Liability E Property TE Personal lnjury Damage WrongfulDeath Other Dama ges (s pecify) : Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 I x I acloN ls AN UNLIMITED CIVIL CASE (exceeds $25,000) l-l ncrloN ls RECLASSIFIED by this amended complaint l-l from limited to unlimited l-l from unlimited to limited 1. Pfaintiff (name or names,;; Daniel Obert alleges causes of action against defendant (name or names): Santa Cruz Port District and 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult (1) l-l a corporation qualified to do business in California (2) l-l an unincorporated entity (describe): (3) t-l a public entity (describe): (4) l-l a minor f] an adult (a) l-l for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) l-_l other (specify): (5) t-l other (specify): b. l---l except plaintiff (name): (1) a corporation qualified to do business in California (2t an unincorporated entity (describe) : (4) f-l a minor l-l an adult (a) l---l for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) T-l other (specify): (5) l-- other (specify): l---l lnforration about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California COMPLAINT-Personal lnjury, Property Code of Civil Procedure, S 425.12 ww.couftinfo.ca.gov PLD-Pl-001 [Rev. January 1,20071 Damage, Wrongful Death LexisNexis@ Automated California Judicial Council Forms PLD.PI.OOl SHORT TITLE: CASE NUMBER: Obert v. Santa Cruz Port District, et al. 4. l--- Ptaintiff (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. lTl except defendant (name): Santa Cruz Port District c. [_l except defendant (name): (1 ) l-l a business organization, form unknown (1) l-_l a business organization, form unknown (2) |_-l a corporation (2) l-l a corporation (3) l-_l an unincorporated entity (describe): (3) l-l an unincorporated entity (describe): (4) TTI a public entity (describe); (4) l-l a public entily (describe): Municipal Port District (5) T-l olher (specify): b. except defendant (name): (1) I-l a business organization, form unknown (1) l-- a business organization, form unknown (2) l-_l a corporation (2) a corporation (3) n an unincorporated entity (describe): (3) an unincorporated entily (describe) (4) l-l a public entily (describe): (5) l-l other (specify): l---l lnformation 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. a. X Doe defendanls (specify Doe numbers): 1-10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. l Doe defendants (specr[z Doe numbers) l-10 are persons whose capacities are unknown to plaintiff. 7, F-l Oefendants who are joined under Code of Civil Procedure section 382 are (names): I This court is the proper court because a. l-l at least one defendant now resides in its jurisdictional area. b. l-l the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area c. I x I injury to person or damage to personal property occurred in its jurisdictional area. 9. f xl ptaintiff is required to comply with a claims statute, and a. f x I has complied with applicable claims statutes, or b. l-l is excused from complying because (specify): PLD-Pl-00'l [Rev. January 1, 20071 COMPLAINT-Personallnjury, Property Pasezor3 Damage, Wrongful Death LexisNexis@ Automated California Judicial Council Forms PLD-PI.OO1 SHORT TITLE: CASE NUMBER: Obert v. Santa Cruz Port District, et al. 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 aftached): a. l-l Motor Vehicle b. l-l General Negligence c. l-l lntentionalTort d. l--l Products Liability e. fTl Premises Liability f. [- other (specify): 11. Plaintiff has suffered a. lTl wage loss b. l-l bss of use of property c. I x I hospital and medical expenses d. l-x I general damage e. l-l property damage f, fx- loss of earning capacity S. l-l other damag e (specify): 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. l-l listed in Attachment 12 b, l--l 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 a. (1) E compensatory damages (2) E punitive damages The amount of damages is (rn cases for personal injury or wrongful death, you must check (1)): (1) t x I according to proof (2) V in the amount of:$ 15. l-l The paragraphs of this complaint alleged on information and belief are as follows (spectfy numbers): Date: February 7,2024 David S. Spini, Esq. ) (TYPE OR PRINT NAME) OF PLAINTIFF OR ATTORNEY) PLD-Pl-001 [Rev. January 1, 20071 COMPLAINT-Personal lnjury, Property Paqe 3 of 3 Damage, Wrongful Death LexisNexis@ Automated California Judicial Council Forms PLD.PI.OOl SHORT TITLE: CASE NUMBER: Obert v. Santa Cruz Port District, et al. FIRST CAUSE OF ACTION-premises Liability Page 4 (number) ATTACHMENT TO E Comptaint l-l Cross - Comptaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): Daniel Obert alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): Iune 30,2023 plaintiff was injured on the following premises in the following fashion (desciption of premises and circumstances of injury): On June 30,2023, Plaintiff Daniel Obert was exiting his commercial fishing vessel in or around Dock T when he stepped into an open but unmarked hole created by a removed piling. This open and unmarked hole created a dangerous condition of public property which created a foreseeable risk of injury to Plaintiff. The Santa Cruz Port District controlled Dock T, created the dangerous condition, and failed to warn or otherwise repair the dangerous condition within a reasonable period of time. As a result of falling into the open and unmarked hole, claimant sustained injury to his shoulder, knee and hand, requiring surgical and other medical intervention. Prem.L-2. Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): fl] Do"t to Prem.L-3 Gount Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): l-l Do"" to Plaintiff, a recreational user, was l---l an invited guest l-l a paying guest. Prem.L-4. l-Fl Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names); Santa Cruz Port District fTlDoes I to 25 a. l-l The defendant public entity had l-_-l actual l-l constructive notice of the existence of the _ dangerous condition in sufficient time prior to the injury to have corrected it. b. I I The condition was created by employees of the defendant public entity. Prem.L-S. a. f__l 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): l-l Does to b. l-l The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are l-l described in attachment Prem.L-S.b l-l follows (names): "r Paqe I of I Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION-Premises Liability Code of Civil Procedure, S 425.12 www.@uiinfo.ca.gov PLD-Pl-001(4) [Rev. January 1, 2007] LexisNexis@ Automated California Judicial Council Forns