On June 22, 2020 a
Trial Materials
was filed
involving a dispute between
Hector, Elizabeth,
and
25847 E 9Th Street, Llc,
Anza Management Company, A Corporation,
Carmona, Schochill C,
Chavez, Schochill C,
Does 2 Through 50,
J.K. Residential Services, Inc.,
Sterling Estates, A Business Entity Form Unknown,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FIL ED (Auto)
BINDER AND KALIOUNDJI LLP SUPERIOR COURT OF CALIFORNIA
21021 Devonshire Street, Suite 101 COUNTY OF SAN BERI \IARDINO
Chatsworth, California 91311 4/3/2024 9:28 AM
(818) 479-7679
(818) 479-7690 FAX
DAVID S. BINDER, STATE BAR NO. 209876
ZENA M. KALIOUNDJI, STATE BAR NO.: 273306
Attorneys for Defendants 25847 E. 9th STREET, LLC dba STERLING ESTATES
APARTMENTS; SCHOCHILL CHAVEZ CARDONA (erroneously sued and served as
“Schochill C. Chavez”); and J.K. RESIDENTIAL SERVICES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN BERNARDINO
11
12
ELIZABETH HECTOR, an individual, CASE N02 CIVD52012799
13 Plaintiff
Assigned for all purposes: Dept. S33-SBJC
a
The Honorable Judge Stephanie Tanada
14
V.
15
DEFENDANTS’ TRIAL BRIEF
STERLING ESTATES, a business entity form
16
unknown; ANZA MANAGEMENT
17 COMPANY, a corporation; SCHOCHILL C.
CHAVEZ, an individual; and Does 1 through Trial Date: April 8’ 2024
18
50, Inclusive, TRC; April 4, 2024
19
Defendants.
20
21
22 TO THE HONORABLE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF
23 RECORD:
24 Defendants, 25847 E. 9th STREET, LLC dba STERLING ESTATES APARTMENTS;
25 and J.K. RESIDENTIAL SERVICES, INC. submit the following Trial Brief.
26 ///
27 ///
28 ///
1
DEFENDANTS’ TRIAL BRIEF
I. INTRODUCTION
This is a Negligence and Premises Liability claim. Plaintiff had been a resident of unit
14 of the building located at 25847 E. 9th Street, in San Bernardino, CA 91210 (hereinafter
Subject Premises), from March 11, 2015 to August 0f 2019. Plaintiff alleges that on April 29,
2019, she was descending the staircase 0f her rental unit When the 3rd step from the bottom of
the staircase, under her foot, moved outwards, causing her t0 fall down the stairs. Defendants
deny the alleged damages and injuries, if any, that are being claimed by the Plaintiffwere caused
by the Defendants’ conduct and separately contend that they properly maintained the Subject
Premises .
10
11
12
II. M
The evidence Will
Plaintiff alleges that
show that the Defendants were not the cause of the Plaintiff s
on April 29, 2019, at approximately 2:30 p.m., she was descending
injuries.
13 the staircase outside of her rental unit when the 3rd step from the bottom 0f the staircase, under
14 her foot, moved outwards, causing her t0 fall down the stairs. Plaintiff testified in her deposition
15 on September 14, 2022 that she knew that the step in question was problematic 2-3 weeks after
16 she moved into the apartment complex in 2015. Plaintiff stated that in 2015, as a stove was being
17 delivered to her unit, the dolly carrying the stove somehow lifted the tread 0f the stair and that
18 the tread remained in that position until the incident at hand. Plaintiff testified that she notified
19 management of the step once, verbally. There is absolutely no written maintenance request 0r
20 anything else in writing supporting such a claim. Plaintiff however claims to have sent
21 photographs of the loose step that predate the incident t0 her attorney however as it stands,
22 Defendant has only been provided With pictures of a loose step from May 3, 2019 (after the
23 incident occurred).
24 There are absolutely n0 witnesses t0 the instant allegation and Defendants categorically
25 deny ever knowing anything problematic With this staircase 0r alleged loose step.
26 Plaintiff is not claiming past or future lost wages. Plaintiff does however claim medical
27 bills for an ankle injury resulting from the alleged incident in the amount of $13,380.64 along
28 With pain and suffering.
2
DEFENDANTS’ TRIAL BRIEF
Document Filed Date
April 03, 2024
Case Filing Date
June 22, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
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ELECTRONICALLY FIL ED (Auto) BINDER AND KALIOUNDJI LLP SUPERIOR COURT OF CALIFORNIA 21021 Devonshire Street, Suite 101 COUNTY OF SAN BERI \IARDINO Chatsworth, California 91311 4/3/2024 9:28 AM (818) 479-7679 (818) 479-7690 FAX DAVID S. BINDER, STATE BAR NO. 209876 ZENA M. KALIOUNDJI, STATE BAR NO.: 273306 Attorneys for Defendants 25847 E. 9th STREET, LLC dba STERLING ESTATES APARTMENTS; SCHOCHILL CHAVEZ CARDONA (erroneously sued and served as “Schochill C. Chavez”); and J.K. RESIDENTIAL SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN BERNARDINO 11 12 ELIZABETH HECTOR, an individual, CASE N02 CIVD52012799 13 Plaintiff Assigned for all purposes: Dept. S33-SBJC a The Honorable Judge Stephanie Tanada 14 V. 15 DEFENDANTS’ TRIAL BRIEF STERLING ESTATES, a business entity form 16 unknown; ANZA MANAGEMENT 17 COMPANY, a corporation; SCHOCHILL C. CHAVEZ, an individual; and Does 1 through Trial Date: April 8’ 2024 18 50, Inclusive, TRC; April 4, 2024 19 Defendants. 20 21 22 TO THE HONORABLE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF 23 RECORD: 24 Defendants, 25847 E. 9th STREET, LLC dba STERLING ESTATES APARTMENTS; 25 and J.K. RESIDENTIAL SERVICES, INC. submit the following Trial Brief. 26 /// 27 /// 28 /// 1 DEFENDANTS’ TRIAL BRIEF I. INTRODUCTION This is a Negligence and Premises Liability claim. Plaintiff had been a resident of unit 14 of the building located at 25847 E. 9th Street, in San Bernardino, CA 91210 (hereinafter Subject Premises), from March 11, 2015 to August 0f 2019. Plaintiff alleges that on April 29, 2019, she was descending the staircase 0f her rental unit When the 3rd step from the bottom of the staircase, under her foot, moved outwards, causing her t0 fall down the stairs. Defendants deny the alleged damages and injuries, if any, that are being claimed by the Plaintiffwere caused by the Defendants’ conduct and separately contend that they properly maintained the Subject Premises . 10 11 12 II. M The evidence Will Plaintiff alleges that show that the Defendants were not the cause of the Plaintiff s on April 29, 2019, at approximately 2:30 p.m., she was descending injuries. 13 the staircase outside of her rental unit when the 3rd step from the bottom 0f the staircase, under 14 her foot, moved outwards, causing her t0 fall down the stairs. Plaintiff testified in her deposition 15 on September 14, 2022 that she knew that the step in question was problematic 2-3 weeks after 16 she moved into the apartment complex in 2015. Plaintiff stated that in 2015, as a stove was being 17 delivered to her unit, the dolly carrying the stove somehow lifted the tread 0f the stair and that 18 the tread remained in that position until the incident at hand. Plaintiff testified that she notified 19 management of the step once, verbally. There is absolutely no written maintenance request 0r 20 anything else in writing supporting such a claim. Plaintiff however claims to have sent 21 photographs of the loose step that predate the incident t0 her attorney however as it stands, 22 Defendant has only been provided With pictures of a loose step from May 3, 2019 (after the 23 incident occurred). 24 There are absolutely n0 witnesses t0 the instant allegation and Defendants categorically 25 deny ever knowing anything problematic With this staircase 0r alleged loose step. 26 Plaintiff is not claiming past or future lost wages. Plaintiff does however claim medical 27 bills for an ankle injury resulting from the alleged incident in the amount of $13,380.64 along 28 With pain and suffering. 2 DEFENDANTS’ TRIAL BRIEF