Preview
1 MICHAEL S.
mdanko@dankolaw.com
DANKO, ESQ. SBN 111359
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’ ‘ " ETEIE
SAN MATEO
CLAIRE Y. CHOO, ESQ. SBN 252723 CO. TY
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cchoo@dankolaw.com
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DANKO MEREDITH
333 Twin Dolphin Drive, Suite
Redwood Shores, CA 94065
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Telephone: (650) 453-3 600
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Facsimile: (650) 394-8672 a 15—;
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6 Attorneys for Plaintiffs I
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BRYAN TRUJILLO and CINDY TRUJILLO \2‘: E 3
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN MATEO
1 0 UNLIMITED CIVIL JURISDICTION
II BRYAN TRUJILLO, and Case N0.
C, ‘ V 0 I
a” E 0 1
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CINDY TRUJILLO, 18
12 COMPLAINT FOR DAMAGES
Plaintiffs, 1. Negligence;
13 2. Trespass;
v. 3. Private Nuisance; and
14 4. Owner Liability for Permissive Use.
STEPHEN MAGEE,
15 SAC AERO FLYING CLUB, INC. DEMAND FOR JURY TRIAL
AND DOES 1 - 50,
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Defendants.
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18 Comes now plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO and allege as follows
19 PARTIES
20 1. The true names, capacities or involvement, whether individual, corporate, governmental
21 or associate, of the defendants named herein as DOES through FIFTY are unknown to plaintiffs who
22 therefore sue said defendants by such fictitious names. Plaintiffs pray leave to amend :this complaint to
23 show their true names and capacities when the same have been finally determined
24 2. Plaintiffs are informed and believe, and upon such information and belief allege, that
25 each of the defendants designated herein as DOE is negligently or otherwise legally responsible in
26 some manner for the events and happenings herein referred to, and negligently or otherwise caused
27 injury and damages proximately thereby to plaintiffs, as is hereinafter alleged.
28 3. At all times relevant herein, each and every of the defendants was the agent, servant
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COMPLAINT
and employee, each of the other, and each was acting within the course and scope of his agency,
service, and employment, with the permissions, consent, and ratification, each of the other.
4. At all times relevant herein, defendants SAC AERO FLYING CLUB, INC. and DOES
ONE through TWENTY, inclusive, and each of them, were and are the owners of a certain 1979
CESSNA 172N, Registration Number N6610D'.
5. At all times relevant herein, said aircraft was piloted by defendant STEPHEN MAGEE.
6. At all times relevant herein, plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO
\OOO\IO\
were residents of the County of San Mateo, State of California and owned real property located at 1065
Park Way, Moss Beach, California.
10 7. At all times relevant herein, said CESSNA 172N, N6610D, was operated, maintained,
11 leased, rented, and/or otherwise legally controlled by SAC AERO FLYING CLUB, INC., STEPHEN
12 MAGEE, DOES ONE through FIFTY, inclusive, and each of them.
13 FIRST CAUSE OF ACTION FOR NEGLIGENCE
(Plaintiffs against Defendant STEPHEN MAGEE)
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15 8. Plaintiffs incorporate by this reference each and all of the allegations contained in
16 paragraphs 1-7 of this complaint as though alleged in full herein.
17 9. Plaintiffs are individuals who own residential property located at 1065 Park Way, Moss
18 Beach, California.
19 10. On November 18, 2016, defendant STEPHEN MAGEE, and DOES ONE through TEN,
20 inclusive, so negligently, recklessly, carelessly, and unlawfully piloted, controlled, operated, and
21 maintained said Cessna aircraft that it was caused to, and did, crash on to plaintiffs’ property located at
22 1065 Park Way, Moss Beach, California, during its approach to Half Moon Bay Airport.
23 11. As a proximate result of the negligence and carelessness of defendants, and each of
24 them, plaintiffs were caused to suffer harm to their real property, including but not limited to the spill,
25 leak, releases, emissions, and/or migration of hazardous gases, chemicals, pollutants, and
26 contaminants, including gasoline, toluene, and benzene on plaintiffs’ property.
27 12. Plaintiffs are informed and believe and therefore allege upon such information and
28 belief that certain of said injuries to their property will be permanent in nature, the extent of said
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COMPLAINT
permanent injuries being unknown to plaintiffs.
13. By reason of the premises, it became necessary for plaintiffs to incur expenses for
relocation, remediation, and treatment of their property, and plaintiffs’ damages in this respect are
presently unascertained as said remediation and treatment are still continuing, and plaintiffs pray leave
to insert the elements of damage in this respect when the same are finally determined.
14. By reason of the premises, plaintiffs have been unable at times to follow their regular
employment, to their special damage in a presently unascertained sum as said loss is not yet finally
determined, and plaintiffs pray leave to amend this complaint and insert their respective elements of
damage in this respect when the same are finally determined.
10 15. By reasons of the premises, plaintiffs have been generally damaged in a sum in excess
11 of the jurisdictional minimum of this Court.
12 SECOND CAUSE OF ACTION FOR TRESPASS
(Plaintiffs against defendant STEPHEN MAGEE)
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14 16. Plaintiffs incorporate by this reference each and all of the allegations contained in
15 paragraphs 1-15 of this complaint as though alleged in full herein.
16 17. In the piloting, control, operation, and maintenance of the said Cessna aircraft,
17 defendant STEPHEN MAGEE intentionally, recklessly, willfully, and/or negligently caused the said
18 Cessna aircraft to enter plaintiffs property.
19 18. In the piloting, control, operation, and maintenance of the said Cessna aircraft,
20 defendant intentionally, recklessly, willfully, and/or negligently caused dangerous levels of noxious
21 odors, hazardous gases, chemicals, pollutants, and contaminants to enter plaintiffs’ property by spills,
22 leaks, releases, emissions, and/or migration from the aircraft, which was crashed onto their property.
23 19. Plaintiffs did not give permission for this entry.
24 20. Plaintiffs suffered harm from defendant’s conduct including, but not limited to, polluted
25 land and air in and on plaintiffs’ property.
26 21. Defendant’s actions were a substantial factor in causing the harm to the plaintiffs as
27 there were no other independent causes of trespass onto plaintiffs’ property.
28 22. Defendant’s actions resulted in the pollution of air and deprived plaintiffs of their
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COMPLAINT
ability to live in the home free of health risks. Plaintiffs have suffered and continue to suffer the loss
of the quiet use and enjoyment of their property in additional to all of their general damages in an
amount to be set forth according to proof at trial.
A THIRD CAUSE OF ACTION FOR PRIVATE NUISANCE
(Plaintiffs against defendant STEPHEN MAGEE)
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23. Plaintiffs incorporate by this reference each and all of the allegations contained in
paragraphs 1—22 of this complaint as though alleged in full herein.
24. Defendant failed to exercise reasonable care in the piloting, control, operation, and
maintenance of the said Cessna aircraft and crashed the aircraft onto plaintiffs’ property, which
10 resulted in the spill, leak, release, and/or migration of hazardous gases, chemicals, pollutants, and
11 contaminants on plaintiffs’ property which was harmful to health, offensive to the senses, and
12 obstructed plaintiffs’ free use of their property.
13 25. The spill, leak, emissions, and/or migration of hazardous gases, chemicals, pollutants,
14 and contaminants substantially interfered with plaintiffs comfortable enjoyment of their life and
15 property.
16 26. Plaintiffs did not consent to defendant’s conduct.
17 27. An ordinary person of reasonable sensibility would reasonably be annoyed and/or
18 disturbed by the conditions created by defendant.
19 28. Defendant’s conduct resulting in the crash of the aircraft, and the spill, leak, emissions,
20 and/or migration of hazardous gases, chemicals, pollutants, and contaminants was a substantial factor
21 in causing plaintiffs’ harm.
22 29. The seriousness of the harms resulting from defendant’s conduct outweighs the public
23 benefit, if any, of defendant’s flying activities because the spill, leak, emissions, and/or migrations of
24 hazardous gases, chemicals, pollutants, and contaminants seriously deprive plaintiffs of peaceful
25 enjoyment of their home and potentially pollutes the air and the water of the surrounding properties
26 and neighborhoods.
27 ///
28 ///
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COMPLAINT
FOURTH CAUSE OF ACTION FOR OWNER LIABILITY FOR PERMISSIVE USE
(Plaintiffs againstdefendant SAC AERO FLYING CLUB, INC.)
30. Plaintiffs incorporate by this reference each and all of the allegations contained in
paragraphs 1—29 of this complaint as though alleged in full herein.
31. On November 18, 2016, defendant STEPHEN MAGEE and DOES 1 through 10, and
each of them, so careless and negligently piloted, controlled, operated, and maintained the said Cessna
\OOO\]O'\
aircraft so as to cause plaintiffs harm and damages as herein set forth.
32. Plaintiffs are informed and believe and based on such information and belief allege that
defendant SAC AERO FLYING CLUB, INC. and DOES 11 through 20 owned the certain 1979
10 Cessna 172N, N6610D operated by defendant STEPHEN MAGEE.
11 33. Plaintiffs are informed and believe and based on such information and belief allege that
12 defendant SAC AERO FLYING CLUB, INC. and DOES 11 through 20 gave permission to defendant
13 STEPHEN MAGEE to use the certain Cessna aircraft.
14 34. As a proximate result of the negligence and carelessness of defendants, and each of
15 them, plaintiffs were caused to suffer harm to their real property, including but not limited to the spill,
16 leak, releases, emissions, and/or migration of hazardous gases, chemicals, pollutants, and
17 contaminants, including gasoline, toluene, and benzene on plaintiffs’ property.
18 35. Plaintiffs are informed and believe and therefore allege upon such information and
19 belief that certain of said injuries to their property will be permanent in nature, the extent of said
20 permanent injuries being unknown to plaintiffs.
21 36. By reason of the premises, it became necessary for plaintiffs to incur expenses for
22 relocation, remediation, and treatment of their property, and plaintiffs’ damages in this respect are
23 presently unascertained as said remediation and treatment are still continuing, and plaintiffs pray leave
24 to insert the elements of damage in this respect when the same are finally determined.
25 37. By reason of the premises, plaintiffs have been unable at times to follow their regular
26 employment, to their special damage in a presently unascertained sum as said loss is not yet finally
27 determined, and plaintiffs pray leave to amend this complaint and insert their respective elements of
28 damage in this respect when the same are finally determined.
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COMPLAINT
PRAYER FOR RELIEF
WHEREFORE, plaintiffs pray judgment against defendants, and each of them, jointly and
severally, as follows:
1. For general damages in an amount according to proof;
2. For special damages in an amount according to proof;
3. For costs of suit incurred herein;
4. For prejudgment interest; and
5. For such other and further relief as the Court deems proper.
DATED: April 16, 2018 DANKO MEREDITH
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ilmflpw
MICHAEL s. 15A KO
CLAIRE Y. CH0
Attorneys for Plaintiffs
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COMPLAINT
JURY DEMAND
Plaintiffs hereby demand a trial by jury on all triable issues.
DATED: April 16, 2018 DANKO MEREDITH
By- Maj/4%
MICHAEL S. D
CLAIRE Y. CHO
Attorneys for Plaintiffs
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BRYAN TRUJILLO and CINDY TRUJILLO
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COMPLAINT
Preview
1 MICHAEL S. mdanko@dankolaw.com DANKO, ESQ. SBN 111359 f ' ’ ‘ " ETEIE SAN MATEO CLAIRE Y. CHOO, ESQ. SBN 252723 CO. TY i 2 cchoo@dankolaw.com 2;"; 55-: 3 4 DANKO MEREDITH 333 Twin Dolphin Drive, Suite Redwood Shores, CA 94065 145 -. I -. ,2 6. 21 Telephone: (650) 453-3 600 g ' Facsimile: (650) 394-8672 a 15—; g 5 l m I c: \ n g a 5—75 6 Attorneys for Plaintiffs I 5“: ,_ 7; 2.2. BRYAN TRUJILLO and CINDY TRUJILLO \2‘: E 3 . 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 1 0 UNLIMITED CIVIL JURISDICTION II BRYAN TRUJILLO, and Case N0. C, ‘ V 0 I a” E 0 1 ‘ CINDY TRUJILLO, 18 12 COMPLAINT FOR DAMAGES Plaintiffs, 1. Negligence; 13 2. Trespass; v. 3. Private Nuisance; and 14 4. Owner Liability for Permissive Use. STEPHEN MAGEE, 15 SAC AERO FLYING CLUB, INC. DEMAND FOR JURY TRIAL AND DOES 1 - 50, 1 6 Defendants. 1 7 18 Comes now plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO and allege as follows 19 PARTIES 20 1. The true names, capacities or involvement, whether individual, corporate, governmental 21 or associate, of the defendants named herein as DOES through FIFTY are unknown to plaintiffs who 22 therefore sue said defendants by such fictitious names. Plaintiffs pray leave to amend :this complaint to 23 show their true names and capacities when the same have been finally determined 24 2. Plaintiffs are informed and believe, and upon such information and belief allege, that 25 each of the defendants designated herein as DOE is negligently or otherwise legally responsible in 26 some manner for the events and happenings herein referred to, and negligently or otherwise caused 27 injury and damages proximately thereby to plaintiffs, as is hereinafter alleged. 28 3. At all times relevant herein, each and every of the defendants was the agent, servant I COMPLAINT and employee, each of the other, and each was acting within the course and scope of his agency, service, and employment, with the permissions, consent, and ratification, each of the other. 4. At all times relevant herein, defendants SAC AERO FLYING CLUB, INC. and DOES ONE through TWENTY, inclusive, and each of them, were and are the owners of a certain 1979 CESSNA 172N, Registration Number N6610D'. 5. At all times relevant herein, said aircraft was piloted by defendant STEPHEN MAGEE. 6. At all times relevant herein, plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO \OOO\IO\ were residents of the County of San Mateo, State of California and owned real property located at 1065 Park Way, Moss Beach, California. 10 7. At all times relevant herein, said CESSNA 172N, N6610D, was operated, maintained, 11 leased, rented, and/or otherwise legally controlled by SAC AERO FLYING CLUB, INC., STEPHEN 12 MAGEE, DOES ONE through FIFTY, inclusive, and each of them. 13 FIRST CAUSE OF ACTION FOR NEGLIGENCE (Plaintiffs against Defendant STEPHEN MAGEE) 14 15 8. Plaintiffs incorporate by this reference each and all of the allegations contained in 16 paragraphs 1-7 of this complaint as though alleged in full herein. 17 9. Plaintiffs are individuals who own residential property located at 1065 Park Way, Moss 18 Beach, California. 19 10. On November 18, 2016, defendant STEPHEN MAGEE, and DOES ONE through TEN, 20 inclusive, so negligently, recklessly, carelessly, and unlawfully piloted, controlled, operated, and 21 maintained said Cessna aircraft that it was caused to, and did, crash on to plaintiffs’ property located at 22 1065 Park Way, Moss Beach, California, during its approach to Half Moon Bay Airport. 23 11. As a proximate result of the negligence and carelessness of defendants, and each of 24 them, plaintiffs were caused to suffer harm to their real property, including but not limited to the spill, 25 leak, releases, emissions, and/or migration of hazardous gases, chemicals, pollutants, and 26 contaminants, including gasoline, toluene, and benzene on plaintiffs’ property. 27 12. Plaintiffs are informed and believe and therefore allege upon such information and 28 belief that certain of said injuries to their property will be permanent in nature, the extent of said 2 COMPLAINT permanent injuries being unknown to plaintiffs. 13. By reason of the premises, it became necessary for plaintiffs to incur expenses for relocation, remediation, and treatment of their property, and plaintiffs’ damages in this respect are presently unascertained as said remediation and treatment are still continuing, and plaintiffs pray leave to insert the elements of damage in this respect when the same are finally determined. 14. By reason of the premises, plaintiffs have been unable at times to follow their regular employment, to their special damage in a presently unascertained sum as said loss is not yet finally determined, and plaintiffs pray leave to amend this complaint and insert their respective elements of damage in this respect when the same are finally determined. 10 15. By reasons of the premises, plaintiffs have been generally damaged in a sum in excess 11 of the jurisdictional minimum of this Court. 12 SECOND CAUSE OF ACTION FOR TRESPASS (Plaintiffs against defendant STEPHEN MAGEE) 13 14 16. Plaintiffs incorporate by this reference each and all of the allegations contained in 15 paragraphs 1-15 of this complaint as though alleged in full herein. 16 17. In the piloting, control, operation, and maintenance of the said Cessna aircraft, 17 defendant STEPHEN MAGEE intentionally, recklessly, willfully, and/or negligently caused the said 18 Cessna aircraft to enter plaintiffs property. 19 18. In the piloting, control, operation, and maintenance of the said Cessna aircraft, 20 defendant intentionally, recklessly, willfully, and/or negligently caused dangerous levels of noxious 21 odors, hazardous gases, chemicals, pollutants, and contaminants to enter plaintiffs’ property by spills, 22 leaks, releases, emissions, and/or migration from the aircraft, which was crashed onto their property. 23 19. Plaintiffs did not give permission for this entry. 24 20. Plaintiffs suffered harm from defendant’s conduct including, but not limited to, polluted 25 land and air in and on plaintiffs’ property. 26 21. Defendant’s actions were a substantial factor in causing the harm to the plaintiffs as 27 there were no other independent causes of trespass onto plaintiffs’ property. 28 22. Defendant’s actions resulted in the pollution of air and deprived plaintiffs of their 3 COMPLAINT ability to live in the home free of health risks. Plaintiffs have suffered and continue to suffer the loss of the quiet use and enjoyment of their property in additional to all of their general damages in an amount to be set forth according to proof at trial. A THIRD CAUSE OF ACTION FOR PRIVATE NUISANCE (Plaintiffs against defendant STEPHEN MAGEE) \]O\U1 23. Plaintiffs incorporate by this reference each and all of the allegations contained in paragraphs 1—22 of this complaint as though alleged in full herein. 24. Defendant failed to exercise reasonable care in the piloting, control, operation, and maintenance of the said Cessna aircraft and crashed the aircraft onto plaintiffs’ property, which 10 resulted in the spill, leak, release, and/or migration of hazardous gases, chemicals, pollutants, and 11 contaminants on plaintiffs’ property which was harmful to health, offensive to the senses, and 12 obstructed plaintiffs’ free use of their property. 13 25. The spill, leak, emissions, and/or migration of hazardous gases, chemicals, pollutants, 14 and contaminants substantially interfered with plaintiffs comfortable enjoyment of their life and 15 property. 16 26. Plaintiffs did not consent to defendant’s conduct. 17 27. An ordinary person of reasonable sensibility would reasonably be annoyed and/or 18 disturbed by the conditions created by defendant. 19 28. Defendant’s conduct resulting in the crash of the aircraft, and the spill, leak, emissions, 20 and/or migration of hazardous gases, chemicals, pollutants, and contaminants was a substantial factor 21 in causing plaintiffs’ harm. 22 29. The seriousness of the harms resulting from defendant’s conduct outweighs the public 23 benefit, if any, of defendant’s flying activities because the spill, leak, emissions, and/or migrations of 24 hazardous gases, chemicals, pollutants, and contaminants seriously deprive plaintiffs of peaceful 25 enjoyment of their home and potentially pollutes the air and the water of the surrounding properties 26 and neighborhoods. 27 /// 28 /// 4 COMPLAINT FOURTH CAUSE OF ACTION FOR OWNER LIABILITY FOR PERMISSIVE USE (Plaintiffs againstdefendant SAC AERO FLYING CLUB, INC.) 30. Plaintiffs incorporate by this reference each and all of the allegations contained in paragraphs 1—29 of this complaint as though alleged in full herein. 31. On November 18, 2016, defendant STEPHEN MAGEE and DOES 1 through 10, and each of them, so careless and negligently piloted, controlled, operated, and maintained the said Cessna \OOO\]O'\ aircraft so as to cause plaintiffs harm and damages as herein set forth. 32. Plaintiffs are informed and believe and based on such information and belief allege that defendant SAC AERO FLYING CLUB, INC. and DOES 11 through 20 owned the certain 1979 10 Cessna 172N, N6610D operated by defendant STEPHEN MAGEE. 11 33. Plaintiffs are informed and believe and based on such information and belief allege that 12 defendant SAC AERO FLYING CLUB, INC. and DOES 11 through 20 gave permission to defendant 13 STEPHEN MAGEE to use the certain Cessna aircraft. 14 34. As a proximate result of the negligence and carelessness of defendants, and each of 15 them, plaintiffs were caused to suffer harm to their real property, including but not limited to the spill, 16 leak, releases, emissions, and/or migration of hazardous gases, chemicals, pollutants, and 17 contaminants, including gasoline, toluene, and benzene on plaintiffs’ property. 18 35. Plaintiffs are informed and believe and therefore allege upon such information and 19 belief that certain of said injuries to their property will be permanent in nature, the extent of said 20 permanent injuries being unknown to plaintiffs. 21 36. By reason of the premises, it became necessary for plaintiffs to incur expenses for 22 relocation, remediation, and treatment of their property, and plaintiffs’ damages in this respect are 23 presently unascertained as said remediation and treatment are still continuing, and plaintiffs pray leave 24 to insert the elements of damage in this respect when the same are finally determined. 25 37. By reason of the premises, plaintiffs have been unable at times to follow their regular 26 employment, to their special damage in a presently unascertained sum as said loss is not yet finally 27 determined, and plaintiffs pray leave to amend this complaint and insert their respective elements of 28 damage in this respect when the same are finally determined. 5 COMPLAINT PRAYER FOR RELIEF WHEREFORE, plaintiffs pray judgment against defendants, and each of them, jointly and severally, as follows: 1. For general damages in an amount according to proof; 2. For special damages in an amount according to proof; 3. For costs of suit incurred herein; 4. For prejudgment interest; and 5. For such other and further relief as the Court deems proper. DATED: April 16, 2018 DANKO MEREDITH 10 11 12 ilmflpw MICHAEL s. 15A KO CLAIRE Y. CH0 Attorneys for Plaintiffs 13 BRYAN TRUJILLO and CINDY TRUJILLO 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 COMPLAINT JURY DEMAND Plaintiffs hereby demand a trial by jury on all triable issues. DATED: April 16, 2018 DANKO MEREDITH By- Maj/4% MICHAEL S. D CLAIRE Y. CHO Attorneys for Plaintiffs \OOO\]O\ BRYAN TRUJILLO and CINDY TRUJILLO 10 11 12 13 14 15 16 17 18 19 20 '21 22 23 24 25 26 27 28 7 COMPLAINT