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Joseph S. Farzam, SBN 210817 E-FILED
James R. Doddy, SBN 233611 7/6/2020 12:51 PM
Stephan Chichportich, SBN 320050 Superior Court of California
JOSEPH FARZAM LAW FIRM County of Fresno
A Professional Law Corporation By: A. Rodriguez, Deputy
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11766 Wilshire Blvd, Suite 280
Los Angeles, California 90025
Tel: (310) 226-6890
4 Fax: (310) 226-6891
Attorneys for Plainttff, SONG LEE KIM
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF FRESNO
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SONG LEE KIM, an individual; ) CASE NUMBER: 20CECG01910
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Plaintiff, )
15 COMPLAINT FOR:
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vs. )
) 1. NEGLIGENCE;
NICOLE DE SOUSA, an individual; DEIDRE ) 2. STRICT LIABILITY;
THAYER, an individual; GSF PROPERTIES, )
INC.; SIERRA RIDGE, an unknown business )
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entity; and DOES 1 through 50, inclusive )
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20 Defendants. )
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COMPLAINT FOR DAMAGES (I) NEGLIGENCE; (2) STRICT LIABILITY
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COMES NOW Plaintiff, SONG LEE KIM (hereinafier referred to as "PLAINTIFF"), and
alleges as follows:
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FIRST CAUSE OF ACTION
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FOR NEGLIGENCE
(Aaainst All Defendants, and DOES I throuah 50. inclusive)
1. The full extent of the facts linking the fictitiously designated defendants to the
causes of action alleged herein is unknown to PLAINTIFF, or the true names and capacities
whether individual, plural, corporate, partnership, associate, or otherwise of defendants DOES 1
through 25, inclusive are unknown to the PLAINTIFF. PLAINTIFF therefore sues said
defendants by such fictitious names. PLAINTIFF is informed and believes and thereon alleges
that each of the defendants designated herein as a Doe is negligently, carelessly, tortuously, and
unlawfully responsible in some manner for the events and happenings herein after referred to and
negligently, carelessly, tortuously, and unlawfully proximately caused the injuries and damages
thereby to PLAINTIFF and herein after alleged. PLAINTIFF will hereinafter seek leave of court
to amend this complaint to show said defendants true names and/or capacities after the same
have been ascertained.
18 At times
2. all herein mentioned, the Defendant, NICOLE DE SOUSA, was 8
resident of the County of Fresno.
20 3. At all times herein mentioned, the Defendant, DEIDRE THAYER, was a resident
of the County of Fresno.
22 times herein
4. At all mentioned, the Defendant, GSF PROPERTIES, INC., was 8
California Corporation and managed the property located at 100 Fowler Ave., Clovis, California
24 where the incident occurred.
25 At all times herein mentioned, the Defendant, SIERRA RIDGE, was
5. an unknown
business entity and was identified as the owner of the property located at 100 Fowler Ave..
Clovis, California in the lease agreement between Plaintiff and SIERRA RIDGE.
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COMPLAINT FOR DAMAGES (I) NEGLIGENCE; (2) STRICT LIABILITY
6. PLAINTIFF is informed and believes and thereon alleges, that at all times herein
mentioned, the defendants, and each of them, were the agents, servants, employees and joint
venturers of each of the remaining defendants, and were, at all times herein mentioned, acting
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within the scope, course and purpose of said agency, employment and joint venture,
7. At all times mentioned herein, Defendants, NICOLE DE SOUSA, DEIDRE
THAYER, and DOES I through 25, inclusive and each of them, owned, managed, controlled.
supervised and possessed a certain dog, "Moose", a malamute, hereinafter referred to as the
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8. At all times mentioned herein, Defendants, GSF PROPERTIES, INC., SIERRA
RIDGE, and DOES 26 through 50, inclusive and each of them, owned, managed, controlled.
supervised and possessed the property located at 100 Fowler Ave., Clovis, California and had
policies and procedures in place regarding allowing animals onto the property, including
requiring written agreement from these Defendants before allowing pets to come onto the
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property and a pet agreement. At all times these Defendants had the authority and
ability to remove the dog I'rom the property and did not, despite knowing of its dangerous
propensities.
17 On or about the Defendants, NICOLE DE
9. July 8, 2018, SOUSA, DEIDRE
THAYER, and DOES I through 25 and each of them, negligently, recklessly, tortuously, and
unlawfully owned, controlled, managed, supervised and possessed said dog as to permit the dog
to attack, molest, bite, maul, or otherwise injure PLAINTIFF. As a direct and proximate result oi
the negligence of the defendants and each of them, as aforesaid, PLAINTIFF suffered personal
injuries as a result of said attack by the dog.
23 On and prior to defendants, and each of them,
10. July 8, 2018, had both actual and
constructive knowledge of the dangerous propensities and nature of the dog, and in spite of said
notice, failed to warn PLAINTIFF of said dangerous propenshies of the dog, and failed to take
the protective and mitigating measures which could have and should have been taken to protect
PLAINTIFF and others from injury.
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COMPLAINT FOR DAMAGES (I) NEGLIGENCE; (2) STRICT LIABILITY
11. As a direct and proximate result of the negligence of these defendants and each ol
them, PLAINTIFF was injured in her health, strength and activity, sustaining injuries to her
body, shock and injuries to her nervous system, all of which said injuries have caused and
4 continue PLAINTIFF mental, and nervous
to cause great physical pain and suffering,
PLAINTIFF is informed and believes and thereon alleges that said injuries will result in
permanent disability all to her general damage in an amount unknown to PLAINTIF at this time.
and PLAINTIFF will ask leave of court to amend this complaint to set forth the exact amount
thereof when the same shall have been ascertained or according to proof.
12. As a further direct and proximate result of the negligence of these defendants, and
each of them, PLAINTIFF was compelled to and did employ the services of physicians.
surgeons, and other medical personnel, and PLAINTIFF was compelled to and did incur other
incidental expenses relative in care and treannent of said injuries. PLAINTIFF is informed and
believes and thereon alleges that she will be compelled to seek further treatment in the future for
the care of said injuries and will incur further reasonable bills for the same. PLAINTIFF will
give proof of both past and future claimed expenses at the time of trial.
SECOND CAUSE OF ACTION
17 FOR STRICT LIABILITY
(Aaainst NICOLE DE SOUSA. DEIDRK THAYKR. and DOES I throuah 25. inclusive)
13. PLAINTIFF refers to paragraph I through 12 of the First Cause of Action, and
repeats and realleges those paragraphs as if set forth in full at this point, verbatim.
21 14. The Defendants, NICOLE DE SOUSA, DEIDRE THREE, and DOES I
through 25, and each of them, as aforesaid, did own, manage, control, supervise, and possess
those certain dogs which attacked, bit and mauled PLAINTIFF on or about July 8, 2018, as
24 aforesaid.
25 15. Pursuant to California Civil Code Section 3342, the owner of any dogs is strictly
liable for any damages suffered by any person who is bitten by the dogs, regardless of the former
viciousness of the dogs or the owner's knowledge of such viciousness. Accordingly, the
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COMPLAINT FOR DAMAGES (I) NEGLIGENCE; (Z) STRICT LIABILITY
defendants, and each of them, are strictly liable for the damages suffered by PLAINTIFF as
alleged herein.
16. As a proximate result of being bitten by the dog, as aforesaid, PLAINTIFF was
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injured in her health, strength and activity, sustaining injuries to her body, shock and injury tc
her nervous system, all of which said injuries have caused and continue to cause PLAINTIFF
great mental, physical and nervous pain and suffering, all of her general damage to be shown
according to proof. As aforesaid, PLAINTIFF did also suffer medical expenses, and other special
damages, to be shown according to proof, as a proximate result of the attack by the dog.
WHEREFORE, PLAINTIFF prays as follows:
AS TO ALL CAUSES OF ACTION
1. For the principal amount of the value of PLAINTIFF's claim, subject to proof at nial;
2. For damages for lost income, according to proof;
3. For special damages, according to proof;
4. For general damages, according to proof;
5. For court costs according to proof;
6. For such other and further relief as the court may deem just and proper.
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Dated: July6,2020 JOSEPH FARZAM LAW FIRM
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JOSEPH S. FARZAM
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JAMES R. DODDY
23 STEPHAN J. CHICHPORTICH
Attorneys for Plaintiff, SONG LEE KIM
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COMPLAINT FOR DAMAGES (I) NEGLIGENCE; (2) STRICT LIABILITY
DEMAND FOR JURY TRIAL
PLAINTIFF hereby demands a jury trial as to the entire action and all Claims for relief.
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Dated: July 6, 2020 JOSEPH FARZAM LAW FIRM
By
JOSEPH S. FARZAM
JAMES R. DODDY
STEPHAN J. CHICHPORTICH
Attorneys for Plaintiff, SONG LEE KIM
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COMPLAINT FOR DAMAGES (I) NEGLIGENCE; (2) STRICT LIABILITY