Preview
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 197644, FOR COURT USE ONLY
Name: Payam Y. Poursalimi, Esq.
Firm NAME: LA W OFFICES OF PAYAM Y, POURSALIMI
STREET ADDRESS:8383 Wilshire Blvd., Suite 830
city: Beverly Hills STATE CA ZIP CODE: 90211
TELEPHONE NO.(323) 782-9927 FAXNO- (323) 782-1185 Electronically FILED by
IAL ADDRESS: nayvam@pyplawfirm.com Superior Court of California,
ATTORNEY FOR (name): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ PAXTOR, County of Los Angeles
5/20/2024 2:14 PM
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES David W. Slayton,
STREET ADDRESS: 12720 Norwalk Blvd. Executive Officer/Clerk of Court,
MAILING ADDRESS: 12720 Norwalk Blvd. By M. Ceballos, Deputy Clerk
city AND ZIP CODE: Norwalk, 90650
BRANCH NAME: Norwalk Courthouse
PLAINTIFF; ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ PAXTOR
DEFENDANT: CITY OF CUDAHY; and
[XC] DOES 4 TO 50, inclusive
;COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER:
(] AMENDED (Number):
Type (check all that apply):
[J MOTOR VEHICLE [4C] OTHER (specify): premises Liability; General Negligence
[{] Property Damage [__] Wrongful Death
(3c) Personal Injury Other Damages (specify):
24NvYvVCYO01567
Jurisdiction (check all that apply):
[__] ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded [__] does not exceed $10,000
[J exceeds $10,000
[_x_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
[__] ACTION IS RECLASSIFIED by this amended complaint
(J from limited to uni ited
[J from unlimited to limited
4 Plaintiff (name or names): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ,
alleges causes of action against defendant (name or names): CITY OF CUDAHY
2. This pleading, including attachments and exhibits, consists of the following number of pages: 5
3. Each plaintiff named above is a competent adult
a. [__] except plaintiff (name):
(1) [--] a corporation qualified to do business in California.
(2) [_] an unincorporated entity (describe):
(3) [-_] a public entity (describe):
(4) [_] a minor ([) an adult
(a) (_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed.
(b) [-_] other (specify):
(5) [__] other (specify):
b. [[_] except plaintiff (name):
(1) [] a corporation qualified to do business in California.
(2) [_] an unincorporated entity (describe):
(3) [] a public entity (describe):
(4) [] a minor ([-) an adult
(a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed.
(b) [-_] other (specify):
(5) [_] other (specify):
[] Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12
Judicial Council of California www.courts.ca.gov
PLD-PI-001 (Rev. January 1, 2024] Damage, Wrongful Death
Westlaw Doc & Form Builder
PLD-PI-001
SHORT TITLE: HENRNANDEZ vs. CITY OF CUDAHY, et al. CASE NUMBER:
4. [__] Plaintiff (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. [Xx] except defendant (name): crry OF CUDAHY c. [__] except defendant (name):
(1) [) a business organization, form unknown. (1) [] a business organization, form unknown.
(2) [__] a corporation. (2) [_] a corporation.
(3) [__] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe):
(4) [4C) a public entity (describe): (4) (__] a public entity (describe):
Municipal
(5) [__] other (specify): (5) [__] other (specify):
b. [_] except defendant (name): d. [__] except defendant (name):
(1) [] a business organization, form unknown. (1) [--] a business organization, form unknown.
(2) (_] a corporation. (2) [_] a corporation.
(3) [_] an unincorporated entity (describe): (3) [-7] an unincorporated entity (describe):
(4) [_] a public entity (describe): (4) [__] a public entity (describe):
(5) [__] other (specify): (5) [_] other (specify):
[_] Information about additional defendants who are not natural persons is contained in Attachment 5.
The true names of defendants sued as Does are unknown to plaintiff.
a. [Xx] Doe defendants (specify Doe numbers): | to 50, inclusive were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [x] Doe defendants (specify Doe numbers): 1 to.50, inclusive are persons whose capacities are unknown to
plaintiff.
7. [__)Defendants who are joined under Code of Civil Procedure section 382 are (names):
8, This court is the proper court because
a. [__] atleast one defendant now resides in its jurisdictional area.
b. [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. [Xx] injury to person or damage to personal property occurred in its jurisdictional area.
d. (__] other (specify):
. Xx ] Plaintiff is required to comply with a claims statute, and
a. [4X] has complied with applicable claims statutes, or
b. [(_] is excused from complying because (specify):
PLD-PI-001 (Rev. January 1, 2024} COMPLAINT—Personal Injury, Property Page 20f3
Damage, Wrongful Death
PLD-PI-0041
SHORT TITLE: HENRNANDEZ ys. CITY OF CUDAHY, et al. CASE NUMBER:
10, The following causes of actlon are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
a, - [-_] Motor Vehicle
b. [4c] General Negligence
«. . [_] Intentional Tort
d, . [-_] Products Liability
@. . [QC] Premises Liability
f. [)) Other (specify):
41 Plaintiff has suffered (check all that apply)
a. . (Xx] wage loss,
b. [[] loss of use of property.
. [XC] hospital and medical expenses.
|. [4] general damage.
[) property damage.
(2X1 loss of earning capacity.
. [XC] other damage (specify): pain and suffering
12.[[_] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. [[_] Iisted in Attachment 12.
b, [_] as follows:
413, The relief sought in this complaint is within the jurisdiction of this court.
for costs of suit; for such relief as Is fair, just, and equitable; and for
414, Plaintiff prays for judgment
a, (1) (3C] compensatory damages,
(2) [_] punitive damages.
b, The amount of damages Is (in cases for personal injury or wrongful death, you must check (1)):
(1) (XJ according to proof.
(2) (__] in the amount of: $
15, ([_]The paragraphs of this complaint alleged on Information and belief are as follows (specify paragraph numbers):
Date: 05/15/2024 , 77 Cl /
Payam Y. Poursalimi, Esq.
{TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-0OM (Rev. January 1, 2024] COMPLAINT—Personal Injury, Property Page
3 of 3
Damage, Wrongful Death
PLD-PI-001(2)
SHORT TITLE: HENRNANDEZ vs. CITY OF CUDAHY, et al. ‘CASE NUMBER:
4 CAUSE OF ACTION—General Negligence Page 4
(number)
ATTACHMENTTO [X_] Complaint [7] Gross
- Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ
PAXTOR
alleges that defendant (name): CITY OF CUDAHY; and
Does 1 to 50, inclusive
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): 02/14/2022
at (place): or near 5240 Santa Ana St., Cudahy, CA 90201
(description of reasons for liability):
Defendants, and each of them, by their acts or omissions to act, negligently caused the injuries to Plaintiff which
occurred on or about 02/14/2022 when Plaintiff was walking in the playground area on top of soft rubber material and
tripped due to holes on the ground as a result of dangerous conditions on Defendants' property, that was created by
Defendants, causing injuries and damages in an amount to be proven at the time of trial.
The walking surface at address is inherently dangerous for the intended use. Plaintiff sustained serious injuries and
incurred damages as a direct result of the negligence of Defendants in installing, constructing, maintaining, inspecting,
repairing, managing, supervising, controlling and/or operating the premises and walking surface located at 5240 Santa
Ana St., Cudahy, CA 90201; including, but not limited to aisles, floors, stairs, and any other surfaces and areas upon
which individuals may move about; negligently hiring, training, supervising, controlling and/or monitoring employees
and agents responsible for the maintenance, inspections, repairing, supervision, controls and operations; failing to
provide a safe, suitable and adequate premises for individuals using said premises. Plaintiff is informed and believes
and thereon alleges that said hazardous, dangerous conditions were caused and created by Defendants, and each of
them, and/or existed for a sufficient time prior to the incident for Defendants to have corrected, removed, and/or
warned Plaintiff of the existence of said conditions, which Defendants negligently and carelessly failed to do, causing
serious injuries to Plaintiff. Defendants also failed to warn Plaintiff of the risks and dangers of which Defendants
created or knew, or in the existence of reasonable care should have known, and which were unknown and not readily
apparent to Plaintiff. Defendants' failure to warn was direct legal cause of Plaintiff's injuries and damages. Defendants
had actual and/or constructive notice of said dangerous conditions.
Defendants, and each of them are in violation of California Government Code §§815.2, 815.6, 820, 830 and 835.
Page 1 of 1
Form Approved for Optional Use Code of Givil Procedure 425.12
Judicial Council of California CAUSE OF ACTION—General Negligence wiww.courtinfo.ca.gov
PLD-PI-001(2) [Rev. January 1, 2007), Westlaw Doc & Form Builder
PLD-PI-001(4)
SHORT TITLE: HENRNANDEZ vs. CITY OF CUDAHY, et al. ‘CASE NUMBER:
po;
SECOND CAUSE OF ACTION—Premises Liability Page 5
(number)
ATTACHMENTTO [X_] Complaint
[] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1, Plaintiff (name): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): 02/14/2022 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Plaintiff sustained injuries when Plaintiff was walking in the playground area on top of soft rubber material and tripped due to
holes on the ground as a result of dangerous conditions on Defendants' property, located at 5240 Santa Ana St., Cudahy, CA
90201, causing injuries and damages to be proven at the time of trial. Defendants, and each of them, are responsible for their
failure to provide a safe, suitable and adequate premises, Plaintiff is informed and believes and thereon alleges that said
hazardous, dangerous conditions, were caused and created by Defendants, and each of them, and/or existed for a sufficient time
prior to the incident for Defendants to have corrected, removed, and/or warned Plaintiff of the existence of said conditions, which
Defendants negligently and carelessly failed to do, causing serious injuries to Plaintiff. Defendants had actual and/or constructive
notice of said dangerous conditions, Defendants, and each of them are in violation of California Government Code §835,
§835.2(a), and §835,.2(b). Plaintiff incorporates the facts set forth in the General Negligence cause ofaction.
Prem.L-2. [4c] count One—Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names): CITY OF CUDAHY; and
(0) Does 1 to _50, inclusive
Prem.L-3, CJ count 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):
[7] Does to
Plaintiff, a recreational user, was [5 an invited guest Coa paying guest.
Prem.L-4. [3d count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names): CITY OF CUDAHY; and
Does 1 to 50, inclusive
a. [9] The defendant public entity had (2 actual [2c] constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
». [_] The condition was created by employees of the defendant public entity.
Prem.L-5. a. [XC] 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): CITY OF CUDAHY; and
Ld) Does 1 to _50, inclusive
b. [2c] The defendants who are liable to plaintiffs for other reasons and the reasons for their llability are
{[] described in attachment Prem.L-5.b [XC] as follows (names): CITY OF CUDAHY; and DOES !
to 50, inclusive
Page 1 off
Form Approved for Optional Use CAUSE OF ACTION—Premises Liability Code of Civil Procedure, § 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-001(4) (Rev, January 1, 2007} Westlaw Doc & Form Builder~
Preview
PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 197644, FOR COURT USE ONLY Name: Payam Y. Poursalimi, Esq. Firm NAME: LA W OFFICES OF PAYAM Y, POURSALIMI STREET ADDRESS:8383 Wilshire Blvd., Suite 830 city: Beverly Hills STATE CA ZIP CODE: 90211 TELEPHONE NO.(323) 782-9927 FAXNO- (323) 782-1185 Electronically FILED by IAL ADDRESS: nayvam@pyplawfirm.com Superior Court of California, ATTORNEY FOR (name): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ PAXTOR, County of Los Angeles 5/20/2024 2:14 PM SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES David W. Slayton, STREET ADDRESS: 12720 Norwalk Blvd. Executive Officer/Clerk of Court, MAILING ADDRESS: 12720 Norwalk Blvd. By M. Ceballos, Deputy Clerk city AND ZIP CODE: Norwalk, 90650 BRANCH NAME: Norwalk Courthouse PLAINTIFF; ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ PAXTOR DEFENDANT: CITY OF CUDAHY; and [XC] DOES 4 TO 50, inclusive ;COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: (] AMENDED (Number): Type (check all that apply): [J MOTOR VEHICLE [4C] OTHER (specify): premises Liability; General Negligence [{] Property Damage [__] Wrongful Death (3c) Personal Injury Other Damages (specify): 24NvYvVCYO01567 Jurisdiction (check all that apply): [__] ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded [__] does not exceed $10,000 [J exceeds $10,000 [_x_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) [__] ACTION IS RECLASSIFIED by this amended complaint (J from limited to uni ited [J from unlimited to limited 4 Plaintiff (name or names): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ, alleges causes of action against defendant (name or names): CITY OF CUDAHY 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. [__] except plaintiff (name): (1) [--] a corporation qualified to do business in California. (2) [_] an unincorporated entity (describe): (3) [-_] a public entity (describe): (4) [_] a minor ([) an adult (a) (_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed. (b) [-_] other (specify): (5) [__] other (specify): b. [[_] except plaintiff (name): (1) [] a corporation qualified to do business in California. (2) [_] an unincorporated entity (describe): (3) [] a public entity (describe): (4) [] a minor ([-) an adult (a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed. (b) [-_] other (specify): (5) [_] other (specify): [] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of California www.courts.ca.gov PLD-PI-001 (Rev. January 1, 2024] Damage, Wrongful Death Westlaw Doc & Form Builder PLD-PI-001 SHORT TITLE: HENRNANDEZ vs. CITY OF CUDAHY, et al. CASE NUMBER: 4. [__] Plaintiff (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. [Xx] except defendant (name): crry OF CUDAHY c. [__] except defendant (name): (1) [) a business organization, form unknown. (1) [] a business organization, form unknown. (2) [__] a corporation. (2) [_] a corporation. (3) [__] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [4C) a public entity (describe): (4) (__] a public entity (describe): Municipal (5) [__] other (specify): (5) [__] other (specify): b. [_] except defendant (name): d. [__] except defendant (name): (1) [] a business organization, form unknown. (1) [--] a business organization, form unknown. (2) (_] a corporation. (2) [_] a corporation. (3) [_] an unincorporated entity (describe): (3) [-7] an unincorporated entity (describe): (4) [_] a public entity (describe): (4) [__] a public entity (describe): (5) [__] other (specify): (5) [_] other (specify): [_] Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. a. [Xx] Doe defendants (specify Doe numbers): | to 50, inclusive were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [x] Doe defendants (specify Doe numbers): 1 to.50, inclusive are persons whose capacities are unknown to plaintiff. 7. [__)Defendants who are joined under Code of Civil Procedure section 382 are (names): 8, This court is the proper court because a. [__] atleast one defendant now resides in its jurisdictional area. b. [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [Xx] injury to person or damage to personal property occurred in its jurisdictional area. d. (__] other (specify): . Xx ] Plaintiff is required to comply with a claims statute, and a. [4X] has complied with applicable claims statutes, or b. [(_] is excused from complying because (specify): PLD-PI-001 (Rev. January 1, 2024} COMPLAINT—Personal Injury, Property Page 20f3 Damage, Wrongful Death PLD-PI-0041 SHORT TITLE: HENRNANDEZ ys. CITY OF CUDAHY, et al. CASE NUMBER: 10, The following causes of actlon are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a, - [-_] Motor Vehicle b. [4c] General Negligence «. . [_] Intentional Tort d, . [-_] Products Liability @. . [QC] Premises Liability f. [)) Other (specify): 41 Plaintiff has suffered (check all that apply) a. . (Xx] wage loss, b. [[] loss of use of property. . [XC] hospital and medical expenses. |. [4] general damage. [) property damage. (2X1 loss of earning capacity. . [XC] other damage (specify): pain and suffering 12.[[_] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [[_] Iisted in Attachment 12. b, [_] as follows: 413, The relief sought in this complaint is within the jurisdiction of this court. for costs of suit; for such relief as Is fair, just, and equitable; and for 414, Plaintiff prays for judgment a, (1) (3C] compensatory damages, (2) [_] punitive damages. b, The amount of damages Is (in cases for personal injury or wrongful death, you must check (1)): (1) (XJ according to proof. (2) (__] in the amount of: $ 15, ([_]The paragraphs of this complaint alleged on Information and belief are as follows (specify paragraph numbers): Date: 05/15/2024 , 77 Cl / Payam Y. Poursalimi, Esq. {TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-0OM (Rev. January 1, 2024] COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(2) SHORT TITLE: HENRNANDEZ vs. CITY OF CUDAHY, et al. ‘CASE NUMBER: 4 CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENTTO [X_] Complaint [7] Gross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ PAXTOR alleges that defendant (name): CITY OF CUDAHY; and Does 1 to 50, inclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 02/14/2022 at (place): or near 5240 Santa Ana St., Cudahy, CA 90201 (description of reasons for liability): Defendants, and each of them, by their acts or omissions to act, negligently caused the injuries to Plaintiff which occurred on or about 02/14/2022 when Plaintiff was walking in the playground area on top of soft rubber material and tripped due to holes on the ground as a result of dangerous conditions on Defendants' property, that was created by Defendants, causing injuries and damages in an amount to be proven at the time of trial. The walking surface at address is inherently dangerous for the intended use. Plaintiff sustained serious injuries and incurred damages as a direct result of the negligence of Defendants in installing, constructing, maintaining, inspecting, repairing, managing, supervising, controlling and/or operating the premises and walking surface located at 5240 Santa Ana St., Cudahy, CA 90201; including, but not limited to aisles, floors, stairs, and any other surfaces and areas upon which individuals may move about; negligently hiring, training, supervising, controlling and/or monitoring employees and agents responsible for the maintenance, inspections, repairing, supervision, controls and operations; failing to provide a safe, suitable and adequate premises for individuals using said premises. Plaintiff is informed and believes and thereon alleges that said hazardous, dangerous conditions were caused and created by Defendants, and each of them, and/or existed for a sufficient time prior to the incident for Defendants to have corrected, removed, and/or warned Plaintiff of the existence of said conditions, which Defendants negligently and carelessly failed to do, causing serious injuries to Plaintiff. Defendants also failed to warn Plaintiff of the risks and dangers of which Defendants created or knew, or in the existence of reasonable care should have known, and which were unknown and not readily apparent to Plaintiff. Defendants' failure to warn was direct legal cause of Plaintiff's injuries and damages. Defendants had actual and/or constructive notice of said dangerous conditions. Defendants, and each of them are in violation of California Government Code §§815.2, 815.6, 820, 830 and 835. Page 1 of 1 Form Approved for Optional Use Code of Givil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—General Negligence wiww.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007), Westlaw Doc & Form Builder PLD-PI-001(4) SHORT TITLE: HENRNANDEZ vs. CITY OF CUDAHY, et al. ‘CASE NUMBER: po; SECOND CAUSE OF ACTION—Premises Liability Page 5 (number) ATTACHMENTTO [X_] Complaint [] Cross - Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1, Plaintiff (name): ALLISON NAOMI HERNANDEZ, a minor through her guardian ad litem, JORGE HERNANDEZ alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): 02/14/2022 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Plaintiff sustained injuries when Plaintiff was walking in the playground area on top of soft rubber material and tripped due to holes on the ground as a result of dangerous conditions on Defendants' property, located at 5240 Santa Ana St., Cudahy, CA 90201, causing injuries and damages to be proven at the time of trial. Defendants, and each of them, are responsible for their failure to provide a safe, suitable and adequate premises, Plaintiff is informed and believes and thereon alleges that said hazardous, dangerous conditions, were caused and created by Defendants, and each of them, and/or existed for a sufficient time prior to the incident for Defendants to have corrected, removed, and/or warned Plaintiff of the existence of said conditions, which Defendants negligently and carelessly failed to do, causing serious injuries to Plaintiff. Defendants had actual and/or constructive notice of said dangerous conditions, Defendants, and each of them are in violation of California Government Code §835, §835.2(a), and §835,.2(b). Plaintiff incorporates the facts set forth in the General Negligence cause ofaction. Prem.L-2. [4c] count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): CITY OF CUDAHY; and (0) Does 1 to _50, inclusive Prem.L-3, CJ count 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): [7] Does to Plaintiff, a recreational user, was [5 an invited guest Coa paying guest. Prem.L-4. [3d count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): CITY OF CUDAHY; and Does 1 to 50, inclusive a. [9] The defendant public entity had (2 actual [2c] constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. ». [_] The condition was created by employees of the defendant public entity. Prem.L-5. a. [XC] 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): CITY OF CUDAHY; and Ld) Does 1 to _50, inclusive b. [2c] The defendants who are liable to plaintiffs for other reasons and the reasons for their llability are {[] described in attachment Prem.L-5.b [XC] as follows (names): CITY OF CUDAHY; and DOES ! to 50, inclusive Page 1 off Form Approved for Optional Use CAUSE OF ACTION—Premises Liability Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-PI-001(4) (Rev, January 1, 2007} Westlaw Doc & Form Builder~