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CARLTON & ALBEROLA
1 A Partnership of Law Corporations
23792 Rockfield Blvd., Suite 101
2 Lake Forest, CA 92630 08/24/2020
Telephone: (949) 954-6666
3 Facsimile: (949) 954-6651
4 BY: ANDREW C. CARLTON, Bar No.: 210649
EDWARD ALBEROLA, Bar No.: 243431
5
Attorneys for JESUSITA CERROS HERRERA as Guardian ad Litem of AYANNA DE LA
6 TORRE-HERRERA
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF PLACER
10
ENEDINA BLANCO, individually and as Case No.: S-CV-0043042
11 Successor in Interest on Behalf of Decedent, UNLIMITED JURISDICTION
JUSTO DE LA TORRE-BLANCO,
12
CARLTON & ALBEROLA
Assigned for all purposes to: Hon. Judge
23792 Rockfield Blvd., Suite 101
Plaintiff, Charles D. Wachob
Lake Forest, CA 92630
13
vs.
949-954-6666
14 COMPLAINT IN INTERVENTION FOR:
RICHARD J. LAZZARESCHI, 1. WRONGFUL DEATH;
15 individually; JUAN PABLO CALDERON, 2. STRICT PRODUCTS LIABILITY; AND
individually; and MICHAEL WILSON 3. DECLARATORY RELIEF
16 doing business as Mr. Honey Do; and
DOES 1 through 200, inclusive,
17
Defendants.
18 ___________________________________
19 JESUSITA CERROS HERRERA, as
Guardian ad Litem of AYANNA DE LA
20 TORRE-HERRERA,
21 Intervenor,
22 vs.
23 ENEDINA BLANCO, individually and as
Successor in Interest on Behalf of Decedent,
24 JUSTO DE LA TORRE-BLANCO;
RICHARD J. LAZZARESCHI,
25 individually; JUAN PABLO CALDERON,
individually; and MICHAEL WILSON
26 doing business as Mr. Honey Do; and
DOES 1 through 200, inclusive,
27
Defendants.
28
____________________________________________________________________________________________
COMPLAINT IN INTERVENTION
1
1 Intervenor JESUSITA CERROS HERRERA, as guardian ad litem of AYANNA DE LA
2 TORRE-HERRERA, complains and alleges as follows:
3 GENERAL ALLEGATIONS
4 1. Intervenor JESUSITA CERROS HERRERA is the mother of AYANNA DE LA
5 TORRE-HERRERA, who is the minor daughter of decedent JUSTO DE LA TORRE-BLANCO.
6 Intervenor and AYANNA DE LA TORRE-HERRERA resided with decedent JUSTO DE LA
7 TORRE-BLANCO in the County of Placer at all times relevant to the matters alleged herein.
8 2. Intervenor is informed and believes and thereon alleges that Plaintiff ENEDINA
9 BLANCO is not the successor-in-interest to decedent JUSTO DE LA TORRE-BLANCO
10 pursuant to CCP § 377.32 because JUSTO DE LA TORRE-BLANCO died intestate and
11 unmarried but with AYANNA DE LA TORRE-HERRERA as his sole issue. Moreover,
12 Intervenor is informed and believes that Plaintiff denies that decedent JUSTO DE LA TORRE-
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
BLANCO had issue and therefore is adverse to Intervenor’s claims in this action.
Lake Forest, CA 92630
13
949-954-6666
14 3. Intervenor is informed and believes and thereon alleges that Defendant RICHARD
15 J. LAZZARESCHI was a resident in the County of Placer at all times relevant hereto.
16 4. Intervenor is informed and believes and thereon alleges that Defendant JUAN
17 PABLO CALDERON was a resident in the County of Placer at all times relevant hereto.
18 5. Intervenor is informed and believes and thereon alleges that Defendant
19 MICHAEL WILSON, doing business as Mr. Honey Do, was a resident and was doing business
20 as Mr. Honey Do in the County of Placer at all times relevant hereto.
21 6. Intervenor is informed and believes and thereon alleges that at all times herein
22 mentioned, Defendants, and each of them, were residents and/or doing business within the County
23 of Placer, State of California, within this judicial district, and the activities complained of herein
24 arose within this judicial district, and that Defendants, and each of them, are indebted to
25 Intervenor pursuant to the causes of action set forth herein.
26 7. Intervenor is ignorant of the true names and capacities of Defendants sued herein
27 as ROES 1 through 100, inclusive, and therefore sues these Defendants by such fictitious names.
28 Intervenor will amend this Complaint to allege their true names and capacities when ascertained.
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COMPLAINT IN INTERVENTION
2
1 Intervenor is informed and believes and thereon alleges that each of the fictitiously named
2 Defendants are indebted to Intervenor as hereinafter alleged, and that Intervenor’s right against
3 such fictitiously named Defendants arises from such indebtedness. One or more of the DOE
4 Defendants may be responsible in one manner or another for the acts and occurrences herein
5 alleged, whether such acts were committed intentionally, negligently, recklessly, or otherwise,
6 and may be liable to Intervenor for the damages alleged herein.
7 8. At all times herein mentioned, each of the Defendants was the agent,
8 representative and/or employee of each of their remaining co-Defendants and, in doing the things
9 herein alleged, acted in the scope of such authority, agency, and employment with the permission
10 and consent of their co-Defendants.
11 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
12 9. Intervenor is informed and believes and thereon alleges that on October 27, 2018,
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 Defendant LAZZARESCHI was the legal owner of a 1998 Kenworth, 3-axled, dump truck,
949-954-6666
14 bearing California license plate number CP87439 and vehicle identification number
15 1XKDD99X4WR766350, which was involved in the fatal injuries to JUSTO DE LA TORRE-
16 BLANCO.
17 10. Intervenor is informed and believes and thereon alleges that the air gate equipment
18 and component parts of the truck were damaged, defective, defectively installed, negligently
19 maintained and/or of inferior quality. Defendants LAZZARESCHI, WILSON, and DOES 1
20 through 20 negligently inspected, maintained, repaired, serviced, and used the air gate equipment
21 and component parts attached to the truck prior to October 27, 2018.
22 11. Defendant LAZZARESCHI, WILSON, and DOES 1 through 20 negligently
23 provided the truck to Defendant CALDERON for use on October 27, 2018 without warning
24 Defendant CALDERON or JUSTO DE LA TORRE-BLANCO about the damage, defects, or any
25 information about their failure to reasonably and adequately maintain the air gate equipment and
26 component parts attached to the truck, or of any damage, defect, quality concerns about any
27 component related to the air gate equipment.
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____________________________________________________________________________________________
COMPLAINT IN INTERVENTION
3
1 12. Intervenor is informed and believes and thereon alleges that Defendants
2 LAZZARESCHI, WILSON and ROES 1 through 20 were negligent in providing the truck with
3 its damaged and/or defective air gate equipment and component parts to Defendant CALDERON
4 and his employee, JUSTO DE LA TORRE-BLANCO, for use on October 27, 2018.
5 13. Intervenor is informed and believes and thereon alleges that on October 27, 2018,
6 the truck was in the custody and possession of Defendant CALDERON. He drove the truck to a
7 home located at 350 Ellis Road, in the City of Homewood, California where Defendant
8 CALDERON had been hired by Defendant WILSON, doing business as Mr. Honey Do, to
9 perform asphalt repair of a sidewalk under a deck at the home. Defendant WILSON authorized
10 Defendant CALDERON to operate and use the truck for the asphalt repair work at the home.
11 14. Intervenor is informed and believes and thereon alleges that on October 27, 2018,
12 Defendant CALDERON employed JUSTO DE LA TORRE-BLANCO to perform the work of
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 repairing the asphalt of the sidewalk. The scope of work included hauling asphalt with the truck
949-954-6666
14 to the home and unloading the asphalt for the sidewalk repairs.
15 15. On October 27, 2018, Defendant CALDERON drove the truck, loaded with
16 asphalt, onto the driveway of the home.
17 16. Shortly thereafter, Defendant CALDERON unlocked the air gate and raised the
18 air gate to the full-open position and turned the truck’s engine off. Then, both Defendant
19 CALDERON and JUSTO DE LA TORRE-BLANCO began shoveling asphalt from the back of
20 the truck. At approximately 1:39 p.m., as JUSTO DE LA TORRE-BLANCO was shoveling
21 asphalt from the back of the truck, the air gate suddenly failed falling onto JUSTO DE LA
22 TORRE-BLANCO’s head and crushing it against the truck. At l:59 p.m., JUSTO DE LA
23 TORRE-BLANCO was pronounced dead.
24 17. Intervenor alleges that the condition of air gate equipment and component parts
25 caused and contributed to the tailgate failing and suddenly closing onto JUSTO DE LA TORRE-
26 BLANCO’s head and thereby causing his fatal injuries.
27 18. Plaintiff is informed and believes, and thereupon alleges, that as a result of the
28 actions and/or omissions of Defendants LAZZARESCHI, CALDERON, WILSON, and DOES 1
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COMPLAINT IN INTERVENTION
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1 through 200, inclusive, and each of them, JUSTO DE LA TORRE-BLANCO sustained fatal
2 injuries on October 27, 2018.
3 FIRST CAUSE OF ACTION FOR
4 WRONGFUL DEATH
5 (Against Defendants LAZZARESCHI, WILSON
6 and ROES 1 through 20, inclusive)
7 19. Intervenor refers to and incorporates herein by reference as though fully set forth
8 below its allegations contained in Paragraphs 1 through 18, inclusive.
9 20. Defendants LAZZARESCHI and ROES 1 through 10 owed a duty to install or to
10 have installed air gate equipment and component parts on the truck which would not pose lethal
11 danger to the people who use it. In addition, Defendants LAZZARESCHI, WILSON and ROES
12 1 through 20 owed a duty to maintain, repair and service the air gate equipment and component
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 parts in a condition that would not pose lethal danger to the people who use it. Defendant
949-954-6666
14 LAZZARESCHI, WILSON, and ROES 1 through 20 owed a duty to inspect the air gate
15 equipment and component parts for damage, defects and for any failure or potential for failure
16 before providing the same to Defendant CALDERON and JUSTO DE LA TORRE-BLANCO to
17 use to repair the sidewalk at the home. Defendant LAZZARESCHI, WILSON, and ROES 1
18 through 20 owed a duty to warn Defendant CALDERON and JUSTO DE LA TORRE-BLANCO
19 about damage to the air gate equipment and component parts, defects of the air gate equipment
20 and component parts, or any information about the air gate equipment and component parts’
21 failure or potential for failure. In addition, Defendant LAZZARESCHI, WILSON, and ROES 1
22 through 20 owed a duty to instruct Defendant CALDERON and JUSTO DE LA TORRE-
23 BLANCO on how to use the air gate equipment and component parts in a manner that would not
24 pose lethal danger to those who used it.
25 21. Intervenor is informed and believes and thereon alleges that Defendants
26 LAZZARESCHI and ROES 1 through 10 breached their duty to Intervenor and JUSTO DE LA
27 TORRE-BLANCO by negligently installing the air gate equipment and component parts on the
28 truck and negligently maintaining the same. Defendants LAZZARESCHI, WILSON, and ROES
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COMPLAINT IN INTERVENTION
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1 1 through 20 breached their duty to Intervenor and JUSTO DE LA TORRE-BLANCO by failing
2 to maintain, repair and service the air gate equipment and component parts attached to the truck
3 so that they would not pose lethal danger to those who used it. Defendant LAZZARESCHI,
4 WILSON, and ROES 1 through 20 breached their duty by failing to inspect the air gate equipment
5 and component parts for damage, defects and for any failure or potential for failure before
6 providing the same to Defendant CALDERON and JUSTO DE LA TORRE-BLANCO to use to
7 repair the sidewalk at the home. Defendant LAZZARESCHI, WILSON, and ROES 1 through
8 20 breached their duty of care to Intervenor and JUSTO DE LA TORRE-BLANCO by providing
9 the truck to Defendant CALDERON and JUSTO DE LA TORRE-BLANCO for use on October
10 27, 2018 without warning them about the damage to the air gate equipment and component parts,
11 defects of the air gate equipment and component parts, or any information about the air gate
12 equipment and component parts’ failure or potential for failure. In addition, Defendant
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 LAZZARESCHI, WILSON, and ROES 1 through 20 breached their duty to Defendant
949-954-6666
14 CALDERON and JUSTO DE LA TORRE-BLANCO by failing to instruct them on how to use
15 the air gate equipment and component parts in a manner that would not pose lethal danger to
16 those who used it.
17 22. As a proximate result of the negligence of Defendants LAZZARESCHI, WILSON
18 and ROES 1through 20, JUSTO DE LA TORRE-BLANCO died on October 27, 2018.
19 23. Prior to the death of JUSTO DE LA TORRE-BLANCO, Intervenor lived her
20 entire life with him and was totally dependent on him for her support and maintenance. At all
21 times prior to his death, JUSTO DE LA TORRE-BLANCO was a caring and dutiful father to
22 Intervenor.
23 24. As a proximate result of the of Defendants’ negligence, and of the death of JUSTO
24 DE LA TORRE-BLANCO, Intervenor has sustained pecuniary loss resulting from decedent’s
25 medical bills, funerary costs, the loss of his society, comfort, attention, services, and support. In
26 addition, she has suffered extreme emotional distress.
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28 ///
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COMPLAINT IN INTERVENTION
6
1 SECOND CAUSE OF ACTION FOR
2 WRONGFUL DEATH
3 (Against Defendant CALDERON and ROES 21 through 30, inclusive)
4 25. Intervenor re-alleges and incorporates herein by reference as though fully set forth
5 below, each and every allegation contained in Paragraphs 1 through 24, inclusive.
6 26. Defendants CALDERON and ROES 21 through 30 owed a duty of care to
7 Intervenor and JUSTO DE LA TORRE BLANCO to provide a safe work environment, to provide
8 safe equipment, to inspect equipment for unsafe conditions prior to use, to learn how to safely
9 use equipment and to instruct JUSTO DE LA TORRE BLANCO on how to safely use the same.
10 27. Defendants CALDERON and ROES 21 through 30 breached their duty of care to
11 Intervenor and JUSTO DE LA TORRE BLANCO by failing to provide a safe work environment,
12 by failing to provide safe equipment, by failing to inspect equipment for unsafe conditions prior
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 to use, by failing to learn how to safely use equipment and by failing to instruct JUSTO DE LA
949-954-6666
14 TORRE BLANCO on how to safely use the same.
15 28. As a proximate result of the negligence of Defendants CALDERON and ROES
16 21through 30, JUSTO DE LA TORRE-BLANCO died on October 27, 2018.
17 29. Prior to the death of JUSTO DE LA TORRE-BLANCO, Intervenor lived her
18 entire life with him and was totally dependent on him for her support and maintenance. At all
19 times prior to his death, JUSTO DE LA TORRE-BLANCO was a caring and dutiful father to
20 Intervenor.
21 30. As a proximate result of the of Defendants’ negligence, and of the death of JUSTO
22 DE LA TORRE-BLANCO, Intervenor has sustained pecuniary loss resulting from decedent’s
23 medical bills, funerary costs, the loss of his society, comfort, attention, services, and support. In
24 addition, she has suffered extreme emotional distress.
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COMPLAINT IN INTERVENTION
7
1 THIRD CAUSE OF ACTION FOR
2 STRICT PRODUCTS LIABILITY
3 (As Against Defendant ROES 1 through 100, inclusive.)
4 31. Intervenor refers to and incorporates herein by reference as though fully set forth
5 below its allegations contained in Paragraphs 1 through 30, inclusive.
6 32. Defendant ROES 31 through 50 are, and at all times herein mentioned were,
7 engaged in the business of designing, manufacturing, and assembling air gates and component
8 parts for sale to and use by members of the general public, and as a part of his/her/its business
9 Defendants designed, manufactured, and assembled the specific air gate and component parts.
10 33. Defendant ROES 41 through 100 are, and at all times herein mentioned were,
11 engaged in the business of selling at retail to members of the general public in Placer County
12 California the air gate and component parts manufactured, designed, and assembled by Defendant
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 ROES 31 through 50.
949-954-6666
14 34. Defendants intended that the air gate and component parts would be used as an air
15 gate on a truck or would be used in similar way in other applications which could, if defective,
16 pose a lethal risk to those who used it.
17 35. At all times herein mentioned, Defendants knew that his/her/its air gate and
18 component parts would be purchased by members of the public and used by the purchasers and
19 others without inspection for defects.
20 36. Defendant LAZZARESCHI purchased the air gate and component parts referred
21 to hereinabove from Defendants ROES 41 through 100 at his/her/its place of business.
22 37. The defective product was, at the time Defendant LAZZARESCHI purchased it
23 as herein alleged, defective and unsafe for its intended purpose[s] as alleged hereinabove.
24 38. As a proximate result of the defects, JUSTO DE LA TORRE-BLANCO died on
25 October 27, 2018.
26 39. Prior to the death of JUSTO DE LA TORRE-BLANCO, Intervenor lived her
27 entire life with him and was totally dependent on him for her support and maintenance. At all
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COMPLAINT IN INTERVENTION
8
1 times prior to his death, JUSTO DE LA TORRE-BLANCO was a caring and dutiful father to
2 Intervenor.
3 40. As a proximate result of the of Defendants’ negligence, and of the death of JUSTO
4 DE LA TORRE-BLANCO, Intervenor has sustained pecuniary loss resulting from decedent’s
5 medical bills, funerary costs, the loss of his society, comfort, attention, services, and support. In
6 addition, she has suffered extreme emotional distress.
7 41. At all times herein mentioned Defendants knew that the air gate and component
8 parts herein described manufactured and sold by them were defective in the manner herein
9 alleged, that the air gate would suddenly fail which in turn would cause serious personal injury
10 and death to users, and yet, notwithstanding this knowledge, Defendants despicably, and in
11 willful and conscious disregard of the safety of such persons and of JUSTO DE LA TORRE-
12 BLANCO, without giving any notice of the defect to the purchasers, placed and persisted in
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 placing its herein described defective air gate and component parts into the stream of commerce,
949-954-6666
14 causing them to be installed on trucks, including the truck at issue herein. Intervenor is therefore
15 entitled to an award of exemplary or punitive damages.
16 FOURTH CAUSE OF ACTION FOR
17 DECLARATORY RELIEF
18 (As Against Plaintiff ENEDINA BLANCO.)
19 42. Intervenor refers to and incorporates herein by reference as though fully set forth
20 below its allegations contained in Paragraphs 1 through 41, inclusive.
21 43. An actual controversy has arisen and now exists between Intervenor and Plaintiff
22 ENEDINA BLANCO concerning their respective rights and duties in that Intervenor contends
23 that because JUSTO DE LA TORRE-BLANCO died intestate, unmarried and with a minor
24 daughter, AYANNA DE LA TORRE-HERRERA, his daughter is the sole beneficiary of his
25 estate and therefore the sole person with standing to sue for his wrongful death. Plaintiff disputes
26 that AYANNA DE LA TORRE-HERRERA is his daughter. Plaintiff contends instead that
27 JUSTO DE LA TORRE-BLANCO died intestate, unmarried and without issue making her the
28 successor-in-interest to his estate and giving her standing to sue for his wrongful death.
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COMPLAINT IN INTERVENTION
9
1 44. Intervenor desires a judicial determination of her rights and duties, and a
2 declaration as to which party has standing to sue for wrongful death of JUSTO DE LA TORRE-
3 BLANCO.
4 45. A judicial declaration is necessary and appropriate at this time under the
5 circumstances in order that the party with standing litigate the wrongful death causes of action
6 against Defendants.
7 PRAYER
8 WHEREFORE, Intervenor prays for judgment against Defendants, and each of them, as
9 follows:
10 AS TO THE FIRST AND SECOND CAUSES OF ACTION:
11 1. For general damages for pain, suffering and extreme emotional distress;
12 2. For special damages for medical and incidental expenses according to proof;
CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
13 3. For loss of earnings according to proof;
949-954-6666
14 4. For costs of suit herein; and
15 5. For such other and further relief as the Court may deem proper;
16 AS TO THE THIRD CAUSE OF ACTION:
17 1. For general damages for pain, suffering and extreme emotional distress;
18 2. For special damages for medical and incidental expenses according to proof;
19 3. For loss of earnings according to proof;
20 4. For punitive damages;
21 5. For costs of suit herein; and
22 6. For such other and further relief as the Court may deem proper;
23 AS TO THE FOURTH CAUSE OF ACTION:
24 7. For a declaration that Intervenor is the sole party with standing to pursue the
25 wrongful death causes of action;
26 8. For costs of suit herein incurred; and
27 9. For such other and further relief as the Court may deem proper.
28
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COMPLAINT IN INTERVENTION
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1 Dated: April 17, 2020 CARLTON & ALBEROLA
2
3 _____________________________________
EDWARD ALBEROLA, ESQ., Attorneys for
4 Intervenor JESUSITA CERROS HERRERA as Guardian
ad Litem of AYANNA DE LA TORRE-HERRERA
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CARLTON & ALBEROLA
23792 Rockfield Blvd., Suite 101
Lake Forest, CA 92630
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949-954-6666
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COMPLAINT IN INTERVENTION
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CARLTON & ALBEROLA 1 A Partnership of Law Corporations 23792 Rockfield Blvd., Suite 101 2 Lake Forest, CA 92630 08/24/2020 Telephone: (949) 954-6666 3 Facsimile: (949) 954-6651 4 BY: ANDREW C. CARLTON, Bar No.: 210649 EDWARD ALBEROLA, Bar No.: 243431 5 Attorneys for JESUSITA CERROS HERRERA as Guardian ad Litem of AYANNA DE LA 6 TORRE-HERRERA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF PLACER 10 ENEDINA BLANCO, individually and as Case No.: S-CV-0043042 11 Successor in Interest on Behalf of Decedent, UNLIMITED JURISDICTION JUSTO DE LA TORRE-BLANCO, 12 CARLTON & ALBEROLA Assigned for all purposes to: Hon. Judge 23792 Rockfield Blvd., Suite 101 Plaintiff, Charles D. Wachob Lake Forest, CA 92630 13 vs. 949-954-6666 14 COMPLAINT IN INTERVENTION FOR: RICHARD J. LAZZARESCHI, 1. WRONGFUL DEATH; 15 individually; JUAN PABLO CALDERON, 2. STRICT PRODUCTS LIABILITY; AND individually; and MICHAEL WILSON 3. DECLARATORY RELIEF 16 doing business as Mr. Honey Do; and DOES 1 through 200, inclusive, 17 Defendants. 18 ___________________________________ 19 JESUSITA CERROS HERRERA, as Guardian ad Litem of AYANNA DE LA 20 TORRE-HERRERA, 21 Intervenor, 22 vs. 23 ENEDINA BLANCO, individually and as Successor in Interest on Behalf of Decedent, 24 JUSTO DE LA TORRE-BLANCO; RICHARD J. LAZZARESCHI, 25 individually; JUAN PABLO CALDERON, individually; and MICHAEL WILSON 26 doing business as Mr. Honey Do; and DOES 1 through 200, inclusive, 27 Defendants. 28 ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 1 1 Intervenor JESUSITA CERROS HERRERA, as guardian ad litem of AYANNA DE LA 2 TORRE-HERRERA, complains and alleges as follows: 3 GENERAL ALLEGATIONS 4 1. Intervenor JESUSITA CERROS HERRERA is the mother of AYANNA DE LA 5 TORRE-HERRERA, who is the minor daughter of decedent JUSTO DE LA TORRE-BLANCO. 6 Intervenor and AYANNA DE LA TORRE-HERRERA resided with decedent JUSTO DE LA 7 TORRE-BLANCO in the County of Placer at all times relevant to the matters alleged herein. 8 2. Intervenor is informed and believes and thereon alleges that Plaintiff ENEDINA 9 BLANCO is not the successor-in-interest to decedent JUSTO DE LA TORRE-BLANCO 10 pursuant to CCP § 377.32 because JUSTO DE LA TORRE-BLANCO died intestate and 11 unmarried but with AYANNA DE LA TORRE-HERRERA as his sole issue. Moreover, 12 Intervenor is informed and believes that Plaintiff denies that decedent JUSTO DE LA TORRE- CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 BLANCO had issue and therefore is adverse to Intervenor’s claims in this action. Lake Forest, CA 92630 13 949-954-6666 14 3. Intervenor is informed and believes and thereon alleges that Defendant RICHARD 15 J. LAZZARESCHI was a resident in the County of Placer at all times relevant hereto. 16 4. Intervenor is informed and believes and thereon alleges that Defendant JUAN 17 PABLO CALDERON was a resident in the County of Placer at all times relevant hereto. 18 5. Intervenor is informed and believes and thereon alleges that Defendant 19 MICHAEL WILSON, doing business as Mr. Honey Do, was a resident and was doing business 20 as Mr. Honey Do in the County of Placer at all times relevant hereto. 21 6. Intervenor is informed and believes and thereon alleges that at all times herein 22 mentioned, Defendants, and each of them, were residents and/or doing business within the County 23 of Placer, State of California, within this judicial district, and the activities complained of herein 24 arose within this judicial district, and that Defendants, and each of them, are indebted to 25 Intervenor pursuant to the causes of action set forth herein. 26 7. Intervenor is ignorant of the true names and capacities of Defendants sued herein 27 as ROES 1 through 100, inclusive, and therefore sues these Defendants by such fictitious names. 28 Intervenor will amend this Complaint to allege their true names and capacities when ascertained. ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 2 1 Intervenor is informed and believes and thereon alleges that each of the fictitiously named 2 Defendants are indebted to Intervenor as hereinafter alleged, and that Intervenor’s right against 3 such fictitiously named Defendants arises from such indebtedness. One or more of the DOE 4 Defendants may be responsible in one manner or another for the acts and occurrences herein 5 alleged, whether such acts were committed intentionally, negligently, recklessly, or otherwise, 6 and may be liable to Intervenor for the damages alleged herein. 7 8. At all times herein mentioned, each of the Defendants was the agent, 8 representative and/or employee of each of their remaining co-Defendants and, in doing the things 9 herein alleged, acted in the scope of such authority, agency, and employment with the permission 10 and consent of their co-Defendants. 11 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 12 9. Intervenor is informed and believes and thereon alleges that on October 27, 2018, CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 Defendant LAZZARESCHI was the legal owner of a 1998 Kenworth, 3-axled, dump truck, 949-954-6666 14 bearing California license plate number CP87439 and vehicle identification number 15 1XKDD99X4WR766350, which was involved in the fatal injuries to JUSTO DE LA TORRE- 16 BLANCO. 17 10. Intervenor is informed and believes and thereon alleges that the air gate equipment 18 and component parts of the truck were damaged, defective, defectively installed, negligently 19 maintained and/or of inferior quality. Defendants LAZZARESCHI, WILSON, and DOES 1 20 through 20 negligently inspected, maintained, repaired, serviced, and used the air gate equipment 21 and component parts attached to the truck prior to October 27, 2018. 22 11. Defendant LAZZARESCHI, WILSON, and DOES 1 through 20 negligently 23 provided the truck to Defendant CALDERON for use on October 27, 2018 without warning 24 Defendant CALDERON or JUSTO DE LA TORRE-BLANCO about the damage, defects, or any 25 information about their failure to reasonably and adequately maintain the air gate equipment and 26 component parts attached to the truck, or of any damage, defect, quality concerns about any 27 component related to the air gate equipment. 28 ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 3 1 12. Intervenor is informed and believes and thereon alleges that Defendants 2 LAZZARESCHI, WILSON and ROES 1 through 20 were negligent in providing the truck with 3 its damaged and/or defective air gate equipment and component parts to Defendant CALDERON 4 and his employee, JUSTO DE LA TORRE-BLANCO, for use on October 27, 2018. 5 13. Intervenor is informed and believes and thereon alleges that on October 27, 2018, 6 the truck was in the custody and possession of Defendant CALDERON. He drove the truck to a 7 home located at 350 Ellis Road, in the City of Homewood, California where Defendant 8 CALDERON had been hired by Defendant WILSON, doing business as Mr. Honey Do, to 9 perform asphalt repair of a sidewalk under a deck at the home. Defendant WILSON authorized 10 Defendant CALDERON to operate and use the truck for the asphalt repair work at the home. 11 14. Intervenor is informed and believes and thereon alleges that on October 27, 2018, 12 Defendant CALDERON employed JUSTO DE LA TORRE-BLANCO to perform the work of CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 repairing the asphalt of the sidewalk. The scope of work included hauling asphalt with the truck 949-954-6666 14 to the home and unloading the asphalt for the sidewalk repairs. 15 15. On October 27, 2018, Defendant CALDERON drove the truck, loaded with 16 asphalt, onto the driveway of the home. 17 16. Shortly thereafter, Defendant CALDERON unlocked the air gate and raised the 18 air gate to the full-open position and turned the truck’s engine off. Then, both Defendant 19 CALDERON and JUSTO DE LA TORRE-BLANCO began shoveling asphalt from the back of 20 the truck. At approximately 1:39 p.m., as JUSTO DE LA TORRE-BLANCO was shoveling 21 asphalt from the back of the truck, the air gate suddenly failed falling onto JUSTO DE LA 22 TORRE-BLANCO’s head and crushing it against the truck. At l:59 p.m., JUSTO DE LA 23 TORRE-BLANCO was pronounced dead. 24 17. Intervenor alleges that the condition of air gate equipment and component parts 25 caused and contributed to the tailgate failing and suddenly closing onto JUSTO DE LA TORRE- 26 BLANCO’s head and thereby causing his fatal injuries. 27 18. Plaintiff is informed and believes, and thereupon alleges, that as a result of the 28 actions and/or omissions of Defendants LAZZARESCHI, CALDERON, WILSON, and DOES 1 ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 4 1 through 200, inclusive, and each of them, JUSTO DE LA TORRE-BLANCO sustained fatal 2 injuries on October 27, 2018. 3 FIRST CAUSE OF ACTION FOR 4 WRONGFUL DEATH 5 (Against Defendants LAZZARESCHI, WILSON 6 and ROES 1 through 20, inclusive) 7 19. Intervenor refers to and incorporates herein by reference as though fully set forth 8 below its allegations contained in Paragraphs 1 through 18, inclusive. 9 20. Defendants LAZZARESCHI and ROES 1 through 10 owed a duty to install or to 10 have installed air gate equipment and component parts on the truck which would not pose lethal 11 danger to the people who use it. In addition, Defendants LAZZARESCHI, WILSON and ROES 12 1 through 20 owed a duty to maintain, repair and service the air gate equipment and component CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 parts in a condition that would not pose lethal danger to the people who use it. Defendant 949-954-6666 14 LAZZARESCHI, WILSON, and ROES 1 through 20 owed a duty to inspect the air gate 15 equipment and component parts for damage, defects and for any failure or potential for failure 16 before providing the same to Defendant CALDERON and JUSTO DE LA TORRE-BLANCO to 17 use to repair the sidewalk at the home. Defendant LAZZARESCHI, WILSON, and ROES 1 18 through 20 owed a duty to warn Defendant CALDERON and JUSTO DE LA TORRE-BLANCO 19 about damage to the air gate equipment and component parts, defects of the air gate equipment 20 and component parts, or any information about the air gate equipment and component parts’ 21 failure or potential for failure. In addition, Defendant LAZZARESCHI, WILSON, and ROES 1 22 through 20 owed a duty to instruct Defendant CALDERON and JUSTO DE LA TORRE- 23 BLANCO on how to use the air gate equipment and component parts in a manner that would not 24 pose lethal danger to those who used it. 25 21. Intervenor is informed and believes and thereon alleges that Defendants 26 LAZZARESCHI and ROES 1 through 10 breached their duty to Intervenor and JUSTO DE LA 27 TORRE-BLANCO by negligently installing the air gate equipment and component parts on the 28 truck and negligently maintaining the same. Defendants LAZZARESCHI, WILSON, and ROES ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 5 1 1 through 20 breached their duty to Intervenor and JUSTO DE LA TORRE-BLANCO by failing 2 to maintain, repair and service the air gate equipment and component parts attached to the truck 3 so that they would not pose lethal danger to those who used it. Defendant LAZZARESCHI, 4 WILSON, and ROES 1 through 20 breached their duty by failing to inspect the air gate equipment 5 and component parts for damage, defects and for any failure or potential for failure before 6 providing the same to Defendant CALDERON and JUSTO DE LA TORRE-BLANCO to use to 7 repair the sidewalk at the home. Defendant LAZZARESCHI, WILSON, and ROES 1 through 8 20 breached their duty of care to Intervenor and JUSTO DE LA TORRE-BLANCO by providing 9 the truck to Defendant CALDERON and JUSTO DE LA TORRE-BLANCO for use on October 10 27, 2018 without warning them about the damage to the air gate equipment and component parts, 11 defects of the air gate equipment and component parts, or any information about the air gate 12 equipment and component parts’ failure or potential for failure. In addition, Defendant CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 LAZZARESCHI, WILSON, and ROES 1 through 20 breached their duty to Defendant 949-954-6666 14 CALDERON and JUSTO DE LA TORRE-BLANCO by failing to instruct them on how to use 15 the air gate equipment and component parts in a manner that would not pose lethal danger to 16 those who used it. 17 22. As a proximate result of the negligence of Defendants LAZZARESCHI, WILSON 18 and ROES 1through 20, JUSTO DE LA TORRE-BLANCO died on October 27, 2018. 19 23. Prior to the death of JUSTO DE LA TORRE-BLANCO, Intervenor lived her 20 entire life with him and was totally dependent on him for her support and maintenance. At all 21 times prior to his death, JUSTO DE LA TORRE-BLANCO was a caring and dutiful father to 22 Intervenor. 23 24. As a proximate result of the of Defendants’ negligence, and of the death of JUSTO 24 DE LA TORRE-BLANCO, Intervenor has sustained pecuniary loss resulting from decedent’s 25 medical bills, funerary costs, the loss of his society, comfort, attention, services, and support. In 26 addition, she has suffered extreme emotional distress. 27 /// 28 /// ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 6 1 SECOND CAUSE OF ACTION FOR 2 WRONGFUL DEATH 3 (Against Defendant CALDERON and ROES 21 through 30, inclusive) 4 25. Intervenor re-alleges and incorporates herein by reference as though fully set forth 5 below, each and every allegation contained in Paragraphs 1 through 24, inclusive. 6 26. Defendants CALDERON and ROES 21 through 30 owed a duty of care to 7 Intervenor and JUSTO DE LA TORRE BLANCO to provide a safe work environment, to provide 8 safe equipment, to inspect equipment for unsafe conditions prior to use, to learn how to safely 9 use equipment and to instruct JUSTO DE LA TORRE BLANCO on how to safely use the same. 10 27. Defendants CALDERON and ROES 21 through 30 breached their duty of care to 11 Intervenor and JUSTO DE LA TORRE BLANCO by failing to provide a safe work environment, 12 by failing to provide safe equipment, by failing to inspect equipment for unsafe conditions prior CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 to use, by failing to learn how to safely use equipment and by failing to instruct JUSTO DE LA 949-954-6666 14 TORRE BLANCO on how to safely use the same. 15 28. As a proximate result of the negligence of Defendants CALDERON and ROES 16 21through 30, JUSTO DE LA TORRE-BLANCO died on October 27, 2018. 17 29. Prior to the death of JUSTO DE LA TORRE-BLANCO, Intervenor lived her 18 entire life with him and was totally dependent on him for her support and maintenance. At all 19 times prior to his death, JUSTO DE LA TORRE-BLANCO was a caring and dutiful father to 20 Intervenor. 21 30. As a proximate result of the of Defendants’ negligence, and of the death of JUSTO 22 DE LA TORRE-BLANCO, Intervenor has sustained pecuniary loss resulting from decedent’s 23 medical bills, funerary costs, the loss of his society, comfort, attention, services, and support. In 24 addition, she has suffered extreme emotional distress. 25 /// 26 /// 27 /// 28 /// ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 7 1 THIRD CAUSE OF ACTION FOR 2 STRICT PRODUCTS LIABILITY 3 (As Against Defendant ROES 1 through 100, inclusive.) 4 31. Intervenor refers to and incorporates herein by reference as though fully set forth 5 below its allegations contained in Paragraphs 1 through 30, inclusive. 6 32. Defendant ROES 31 through 50 are, and at all times herein mentioned were, 7 engaged in the business of designing, manufacturing, and assembling air gates and component 8 parts for sale to and use by members of the general public, and as a part of his/her/its business 9 Defendants designed, manufactured, and assembled the specific air gate and component parts. 10 33. Defendant ROES 41 through 100 are, and at all times herein mentioned were, 11 engaged in the business of selling at retail to members of the general public in Placer County 12 California the air gate and component parts manufactured, designed, and assembled by Defendant CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 ROES 31 through 50. 949-954-6666 14 34. Defendants intended that the air gate and component parts would be used as an air 15 gate on a truck or would be used in similar way in other applications which could, if defective, 16 pose a lethal risk to those who used it. 17 35. At all times herein mentioned, Defendants knew that his/her/its air gate and 18 component parts would be purchased by members of the public and used by the purchasers and 19 others without inspection for defects. 20 36. Defendant LAZZARESCHI purchased the air gate and component parts referred 21 to hereinabove from Defendants ROES 41 through 100 at his/her/its place of business. 22 37. The defective product was, at the time Defendant LAZZARESCHI purchased it 23 as herein alleged, defective and unsafe for its intended purpose[s] as alleged hereinabove. 24 38. As a proximate result of the defects, JUSTO DE LA TORRE-BLANCO died on 25 October 27, 2018. 26 39. Prior to the death of JUSTO DE LA TORRE-BLANCO, Intervenor lived her 27 entire life with him and was totally dependent on him for her support and maintenance. At all 28 ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 8 1 times prior to his death, JUSTO DE LA TORRE-BLANCO was a caring and dutiful father to 2 Intervenor. 3 40. As a proximate result of the of Defendants’ negligence, and of the death of JUSTO 4 DE LA TORRE-BLANCO, Intervenor has sustained pecuniary loss resulting from decedent’s 5 medical bills, funerary costs, the loss of his society, comfort, attention, services, and support. In 6 addition, she has suffered extreme emotional distress. 7 41. At all times herein mentioned Defendants knew that the air gate and component 8 parts herein described manufactured and sold by them were defective in the manner herein 9 alleged, that the air gate would suddenly fail which in turn would cause serious personal injury 10 and death to users, and yet, notwithstanding this knowledge, Defendants despicably, and in 11 willful and conscious disregard of the safety of such persons and of JUSTO DE LA TORRE- 12 BLANCO, without giving any notice of the defect to the purchasers, placed and persisted in CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 placing its herein described defective air gate and component parts into the stream of commerce, 949-954-6666 14 causing them to be installed on trucks, including the truck at issue herein. Intervenor is therefore 15 entitled to an award of exemplary or punitive damages. 16 FOURTH CAUSE OF ACTION FOR 17 DECLARATORY RELIEF 18 (As Against Plaintiff ENEDINA BLANCO.) 19 42. Intervenor refers to and incorporates herein by reference as though fully set forth 20 below its allegations contained in Paragraphs 1 through 41, inclusive. 21 43. An actual controversy has arisen and now exists between Intervenor and Plaintiff 22 ENEDINA BLANCO concerning their respective rights and duties in that Intervenor contends 23 that because JUSTO DE LA TORRE-BLANCO died intestate, unmarried and with a minor 24 daughter, AYANNA DE LA TORRE-HERRERA, his daughter is the sole beneficiary of his 25 estate and therefore the sole person with standing to sue for his wrongful death. Plaintiff disputes 26 that AYANNA DE LA TORRE-HERRERA is his daughter. Plaintiff contends instead that 27 JUSTO DE LA TORRE-BLANCO died intestate, unmarried and without issue making her the 28 successor-in-interest to his estate and giving her standing to sue for his wrongful death. ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 9 1 44. Intervenor desires a judicial determination of her rights and duties, and a 2 declaration as to which party has standing to sue for wrongful death of JUSTO DE LA TORRE- 3 BLANCO. 4 45. A judicial declaration is necessary and appropriate at this time under the 5 circumstances in order that the party with standing litigate the wrongful death causes of action 6 against Defendants. 7 PRAYER 8 WHEREFORE, Intervenor prays for judgment against Defendants, and each of them, as 9 follows: 10 AS TO THE FIRST AND SECOND CAUSES OF ACTION: 11 1. For general damages for pain, suffering and extreme emotional distress; 12 2. For special damages for medical and incidental expenses according to proof; CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 3. For loss of earnings according to proof; 949-954-6666 14 4. For costs of suit herein; and 15 5. For such other and further relief as the Court may deem proper; 16 AS TO THE THIRD CAUSE OF ACTION: 17 1. For general damages for pain, suffering and extreme emotional distress; 18 2. For special damages for medical and incidental expenses according to proof; 19 3. For loss of earnings according to proof; 20 4. For punitive damages; 21 5. For costs of suit herein; and 22 6. For such other and further relief as the Court may deem proper; 23 AS TO THE FOURTH CAUSE OF ACTION: 24 7. For a declaration that Intervenor is the sole party with standing to pursue the 25 wrongful death causes of action; 26 8. For costs of suit herein incurred; and 27 9. For such other and further relief as the Court may deem proper. 28 ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 10 1 Dated: April 17, 2020 CARLTON & ALBEROLA 2 3 _____________________________________ EDWARD ALBEROLA, ESQ., Attorneys for 4 Intervenor JESUSITA CERROS HERRERA as Guardian ad Litem of AYANNA DE LA TORRE-HERRERA 5 6 7 8 9 10 11 12 CARLTON & ALBEROLA 23792 Rockfield Blvd., Suite 101 Lake Forest, CA 92630 13 949-954-6666 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________________________________________________________________________ COMPLAINT IN INTERVENTION 11