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JAMES A. KAESTNER, SBN 143179
ZII
1
2
LAW OFFICES
421 Grand Avenue,
OF JAMES A. KAESTNER
Suite A EB
South San Francisco, CA 94080 BAN MA~0
3 p: 650.952.6002 COUN'UN
f'. 650.952.6008 "5 PtII3
4 rior Qourt
u
Attorney for Plaintiffs,
5 ERIKA CHRISTMANN, GARY CURTAZ
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO - UNLIMITEDJURISDICTION
10 ERKA CHRISTMANN, GARY CURTAZ, ) CASE NUMBER
C3V 4gg 0) y
)
11 Plaintiffs, ) COMPLAINTFOR PERSONAL INJURY
) AND LOSS OF CONSORTIUM
12 vs. ) (Negligence)
) [Unlimited Civil Case]
13 ALLEN L. PRICE, CAROL PRICE and )
)
14 DOES 1 - 25, inclusive, )
)
15 Defendants. )
16 Plaintiffs, Erika Christmann and Gary Curtaz, allege:
17 1. Defendants Allen L. Price and Carol Price are and at all times herein mentioned were
18 competent adults and residents of San Mateo County, California.
19 2. Plaintiffs are ignorant of the true names and capacities of defendants sued herein as
20 DOES 1-25, inclusive, and therefore sue these defendants by such fictitious names. Plaintiffs will
21 amend this complaint to allege their true names and capacities when ascertained. Plaintiffs are
22 informed and believe, and based thereon allege, that each of the fictitiously named defendants was
23 negligently and proximately responsible in some manner for the occurrences herein alleged, and that
24 plaintiffs'njuries as herein alleged were proximately caused by that negligence.
25 3. Plaintiffs are informed and believe and thereon allege that at all times herein
26 mentioned each of the defendants was the agent and employee of each of the remaining defendants,
27 and in doing the things hereinafter alleged, was acting within the course and scope of agency and
28 employment.
Erika Christmann, Carol Price,
Gary Curtaz vs. Allen L. Price, and DOES l-25
Superior Court of California, County ofSan
Mateo, Unlimited Ju~isdiction
Case Number:
1 FIRST CAUSE OF ACTION FOR NEGLIGENCE - PREMISES LIABILITYBY PLAINTIFF
ERIKA CHRISTMANN AGAINST DEFENDANTS ALLEN L. PRICE, CAROL PRICE AND
2 DOES ONE THROUGH TWENTY-FIVE
3 4. At all times herein mentioned, defendants, and each of them, owned, controlled,
4 managed, and operated the premises located at 2000 Vallemar Street, Moss Beach, California,
5 County of San Mateo, and rented the cottage located on the premises.
6 5. On or about September 24, 2012, plaintiffs were lawfully on the premises at 2000
7 Vallemar Street, Moss Beach, California, having rented the premises for the dates of September 20,
8 2012 to September 24, 2012 from the defendants for the purpose of having their wedding ceremony
9 and reception there, and then staying there for the remainder of the time as part of their honeymoon.
10 6. At the aforementioned time and place, defendants and each of them, negligently
11 maintained, managed, controlled, and operated the cottage on the premises and the grounds
12 surrounding the cottage. Defendants constructed or had constructed for them an outdoor stairway
13 on the premises which lead down to a patio that was available for use by renters of the cottage. The
14 stairway was constructed by or on behalf of defendants in a negligent manner, including stairs of
15 improper height and depth, improper variance of heights and depths, and without a handrail, and in
16 violation of applicable building codes, creating a dangerous condition. Defendants knew, or in the
17 exercise ofreasonable care should have known, the conditions alleged herein constituted a dangerous
18 condition and unreasonable risk of harm of which plaintiffs were unaware. Defendants negligently
19 failed to take steps to either make the condition safe or warn plaintiffs of the dangerous condition,
20 all of which caused plaintiffErika Christmann to lose her balance and fall down the stairway and to
21 suffer the injuries and damages hereinafter described.
22 7. As a proximate result of the negligence of defendants, and each of them, plaintiff
23 Erika Christmann was hurt and injured in her health, strength, and activity, sustaining injury to her
24 nervous system and person, all of which injuries have caused, and continue to cause, plaintiffgreat
25 mental, physical, and nervous pain and suffering. Plaintiffs are informed and believe and thereon
26 allege that such injuries will result in permanent disability to her. As a result of such injuries,
27 plaintiffhas suffered general damages in an amount according to proof.
28 8. As a further proximate result of the negligence of defendants, and each of them,
Erika Christmann, Carol Price,
Gary Curtaz vs. Allen L. Price, and DOES l-25
Superior Court of California, County ofSan
Mateo, Unlimited Jurisdiction
Case Number:
1 plaintiffErika Christmann has incurred and will continue to incur medical and related expenses in
2 an amount according to proof.
3 9. As a further proximate result of the negligence of defendants, and each of them,
4 plaintiffErika Christmann has lost wages and benefits, and her earning capacity has been greatly
5 impaired, both in the past and in the present in an amount according to proof.
6 SECOND CAUSE OF ACTION FOR LOSS OF CONSORTIUM BY PLAINTIFF GARY
CURTAZ AGAINST DEFENDANTS ALLEN L. PRICE, CAROL PRICE AND DOES ONE
7 THROUGH TWENTY-FIVE
8 The plaintiffs incorporate by reference all the above paragraphs as fully set forth herein.
9 10. Plaintiff Erika Christmann and plaintiffGary Curtaz, are, and at all times herein
10 mentioned were, husband and wife. As alleged in paragraphs 4 through 9, inclusive, of the
11 Complaint defendants Allen L. Price and Carol Price are liable in tort for the injury to plaintiffErika
12 Christmann.
13 11. Prior to the injuries, plaintiffErika Christmann was able to perform her duties as a
14 spouse, including assisting in cleaning, organizing operating and maintaining the home, and
15 providing love, companionship, recreation, affection, society, moral support and solace to her
16 husband, plaintiffGary Curtaz. Subsequent to the injuries sustained by plaintiffErika Christmann,
17 and as a proximate result thereof, she has been unable to perform these duties as a spouse, in that she
18 no longer can perform or assist with housework and maintaining the home and can no longer
19 participate in family recreational and social activities. Due to the nature of the injuries sustained by
20 plaintifF, and the severe physical and psychological strain they have caused her, she is no longer able
21 to provide plaintiffGary Curtaz with companionship, recreation, affection, society, moral support
22 and solace. PlaintiffErika Christmann willbe unable to provide such duties, services and support
23 in the future. By reason thereof, plaintiff Gary Curtaz, has been permanently deprived of the
24 consortium of his wife, to the detriment of their marital relationship, in an amount to be established
25 by proof at trial.
26 WHEREFORE, plaintiffprays judgment against defendants, and each of them, as follows:
27 1. For general damages according to proof;
28 2. For medical and related expenses according to proof;
Erika Christmann, Carol Price,
Gary Curtaz vs. Allen L. Price, and DOES l-25
Superior Court of California, County ofSan
Mateo, Unlimited Jurisdiction
Case iVumber:
3. For loss of earnings according to proof;
4. For loss of consortium according to proof;
5. For costs of suit herein incurred; and
6. For such other and further relief as the court may deem proper.
5
6 Dated: A/( /I E
By: JAMES A. KAESTNER, Attorney
for Plaintiffs, ERIKACHRISTMANN,
GARY CURTAZ
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Erika Christmann, Carol Price,
Gary Curtaz vs. Allen L. Price, and DOES 1-25
Superior Court of California, County ofSan
Mateo, Unlimited Jurisdiction
Case Number:
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JAMES A. KAESTNER, SBN 143179 ZII 1 2 LAW OFFICES 421 Grand Avenue, OF JAMES A. KAESTNER Suite A EB South San Francisco, CA 94080 BAN MA~0 3 p: 650.952.6002 COUN'UN f'. 650.952.6008 "5 PtII3 4 rior Qourt u Attorney for Plaintiffs, 5 ERIKA CHRISTMANN, GARY CURTAZ IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO - UNLIMITEDJURISDICTION 10 ERKA CHRISTMANN, GARY CURTAZ, ) CASE NUMBER C3V 4gg 0) y ) 11 Plaintiffs, ) COMPLAINTFOR PERSONAL INJURY ) AND LOSS OF CONSORTIUM 12 vs. ) (Negligence) ) [Unlimited Civil Case] 13 ALLEN L. PRICE, CAROL PRICE and ) ) 14 DOES 1 - 25, inclusive, ) ) 15 Defendants. ) 16 Plaintiffs, Erika Christmann and Gary Curtaz, allege: 17 1. Defendants Allen L. Price and Carol Price are and at all times herein mentioned were 18 competent adults and residents of San Mateo County, California. 19 2. Plaintiffs are ignorant of the true names and capacities of defendants sued herein as 20 DOES 1-25, inclusive, and therefore sue these defendants by such fictitious names. Plaintiffs will 21 amend this complaint to allege their true names and capacities when ascertained. Plaintiffs are 22 informed and believe, and based thereon allege, that each of the fictitiously named defendants was 23 negligently and proximately responsible in some manner for the occurrences herein alleged, and that 24 plaintiffs'njuries as herein alleged were proximately caused by that negligence. 25 3. Plaintiffs are informed and believe and thereon allege that at all times herein 26 mentioned each of the defendants was the agent and employee of each of the remaining defendants, 27 and in doing the things hereinafter alleged, was acting within the course and scope of agency and 28 employment. Erika Christmann, Carol Price, Gary Curtaz vs. Allen L. Price, and DOES l-25 Superior Court of California, County ofSan Mateo, Unlimited Ju~isdiction Case Number: 1 FIRST CAUSE OF ACTION FOR NEGLIGENCE - PREMISES LIABILITYBY PLAINTIFF ERIKA CHRISTMANN AGAINST DEFENDANTS ALLEN L. PRICE, CAROL PRICE AND 2 DOES ONE THROUGH TWENTY-FIVE 3 4. At all times herein mentioned, defendants, and each of them, owned, controlled, 4 managed, and operated the premises located at 2000 Vallemar Street, Moss Beach, California, 5 County of San Mateo, and rented the cottage located on the premises. 6 5. On or about September 24, 2012, plaintiffs were lawfully on the premises at 2000 7 Vallemar Street, Moss Beach, California, having rented the premises for the dates of September 20, 8 2012 to September 24, 2012 from the defendants for the purpose of having their wedding ceremony 9 and reception there, and then staying there for the remainder of the time as part of their honeymoon. 10 6. At the aforementioned time and place, defendants and each of them, negligently 11 maintained, managed, controlled, and operated the cottage on the premises and the grounds 12 surrounding the cottage. Defendants constructed or had constructed for them an outdoor stairway 13 on the premises which lead down to a patio that was available for use by renters of the cottage. The 14 stairway was constructed by or on behalf of defendants in a negligent manner, including stairs of 15 improper height and depth, improper variance of heights and depths, and without a handrail, and in 16 violation of applicable building codes, creating a dangerous condition. Defendants knew, or in the 17 exercise ofreasonable care should have known, the conditions alleged herein constituted a dangerous 18 condition and unreasonable risk of harm of which plaintiffs were unaware. Defendants negligently 19 failed to take steps to either make the condition safe or warn plaintiffs of the dangerous condition, 20 all of which caused plaintiffErika Christmann to lose her balance and fall down the stairway and to 21 suffer the injuries and damages hereinafter described. 22 7. As a proximate result of the negligence of defendants, and each of them, plaintiff 23 Erika Christmann was hurt and injured in her health, strength, and activity, sustaining injury to her 24 nervous system and person, all of which injuries have caused, and continue to cause, plaintiffgreat 25 mental, physical, and nervous pain and suffering. Plaintiffs are informed and believe and thereon 26 allege that such injuries will result in permanent disability to her. As a result of such injuries, 27 plaintiffhas suffered general damages in an amount according to proof. 28 8. As a further proximate result of the negligence of defendants, and each of them, Erika Christmann, Carol Price, Gary Curtaz vs. Allen L. Price, and DOES l-25 Superior Court of California, County ofSan Mateo, Unlimited Jurisdiction Case Number: 1 plaintiffErika Christmann has incurred and will continue to incur medical and related expenses in 2 an amount according to proof. 3 9. As a further proximate result of the negligence of defendants, and each of them, 4 plaintiffErika Christmann has lost wages and benefits, and her earning capacity has been greatly 5 impaired, both in the past and in the present in an amount according to proof. 6 SECOND CAUSE OF ACTION FOR LOSS OF CONSORTIUM BY PLAINTIFF GARY CURTAZ AGAINST DEFENDANTS ALLEN L. PRICE, CAROL PRICE AND DOES ONE 7 THROUGH TWENTY-FIVE 8 The plaintiffs incorporate by reference all the above paragraphs as fully set forth herein. 9 10. Plaintiff Erika Christmann and plaintiffGary Curtaz, are, and at all times herein 10 mentioned were, husband and wife. As alleged in paragraphs 4 through 9, inclusive, of the 11 Complaint defendants Allen L. Price and Carol Price are liable in tort for the injury to plaintiffErika 12 Christmann. 13 11. Prior to the injuries, plaintiffErika Christmann was able to perform her duties as a 14 spouse, including assisting in cleaning, organizing operating and maintaining the home, and 15 providing love, companionship, recreation, affection, society, moral support and solace to her 16 husband, plaintiffGary Curtaz. Subsequent to the injuries sustained by plaintiffErika Christmann, 17 and as a proximate result thereof, she has been unable to perform these duties as a spouse, in that she 18 no longer can perform or assist with housework and maintaining the home and can no longer 19 participate in family recreational and social activities. Due to the nature of the injuries sustained by 20 plaintifF, and the severe physical and psychological strain they have caused her, she is no longer able 21 to provide plaintiffGary Curtaz with companionship, recreation, affection, society, moral support 22 and solace. PlaintiffErika Christmann willbe unable to provide such duties, services and support 23 in the future. By reason thereof, plaintiff Gary Curtaz, has been permanently deprived of the 24 consortium of his wife, to the detriment of their marital relationship, in an amount to be established 25 by proof at trial. 26 WHEREFORE, plaintiffprays judgment against defendants, and each of them, as follows: 27 1. For general damages according to proof; 28 2. For medical and related expenses according to proof; Erika Christmann, Carol Price, Gary Curtaz vs. Allen L. Price, and DOES l-25 Superior Court of California, County ofSan Mateo, Unlimited Jurisdiction Case iVumber: 3. For loss of earnings according to proof; 4. For loss of consortium according to proof; 5. For costs of suit herein incurred; and 6. For such other and further relief as the court may deem proper. 5 6 Dated: A/( /I E By: JAMES A. KAESTNER, Attorney for Plaintiffs, ERIKACHRISTMANN, GARY CURTAZ 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Erika Christmann, Carol Price, Gary Curtaz vs. Allen L. Price, and DOES 1-25 Superior Court of California, County ofSan Mateo, Unlimited Jurisdiction Case Number: