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PLD-Pl-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
K. Kevin Levian, Esq. (SBN 227734)
LEVIAN LAW
1875 Century Park East, Suite 1025 Electronically Filed
Los Angeles, CA 90067 10/30/2020 5:23 PM
TELEPHONE NO: (310) 277-7577 (310) 277-7377
FAXNO.(Optional):
Superior Court of California
E-MAIL ADDRESS (Optional): kl@.levianlaw.com
County of Stanislaus
ATTORNEYFOR(NameJ: PLAINTIFF DEANN HAWKINS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
Clerk of the Court
STREET ADDRESS: 801
1oth Street By: Mouang Saechao, Deputy
MAILING ADDRESS:
cITY AND zIp coDE: Modesto. CA 95353
$435 PAID
BRANCH NAME:Citv Towers Courthouse
PLAINTIFF: DEANN HAWKINS
DEFENDANT: HILTON WORLDWIDE, INC.
[KJ DOES 1 TO 100
COMPLAINT-Personal Injury, Property Damage, Wrongful Death CASE NUMBER:
CJ AMENDED (Number):
Type (check all that apply):
CJ MOTOR VEHICLE [KJ OTHER (specify): Premises Liaiblity CV-20-004844
CJ Property Damage CJ Wrongful Death
IT] Personal Injury CJ Other Damages (specify):
Jurisdiction (check all that apply):
CJ ACTION IS A LIMITED CIVIL CASE
Amount demanded CJ does not exceed $10,000
CJ exceeds $10,000, but does not exceed $25,000
[KJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
CJ ACTION IS RECLASSIFIED by this amended complaint
CJ from limited to unlimited
CJ from unlimited to limited
1. Plaintiff (name or names): Deann Hawkins
alleges causes of action against defendant (name or names):
Hilton Worldwide, Inc., and DOES 1-100
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. Each plaintiff named above is a competent adult
a. CJ except plaintiff (name):
(1)CJ a corporation qualified to do business in California
(2) CJ an unincorporated entity (describe):
(3) D a public entity (describe):
(4) CJ a minor CJ an adult
(a) CJ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) CJ other(specify):
(5)CJ other (specify):
b. CJ except plaintiff (name):
(1)CJ a corporation qualified to do business in California
(2)CJ an unincorporated entity (describe):
(3) CJ a public entity (describe):
(4) D a minor CJ an adult
(a)CJ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b)CJ other(specify):
(5) CJ other (specify):
CJ Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
Judicial Council of California www.courts.ca.gov
PLD-Pl-001 [Rev. January 1, 2007] Damage, Wrongful Death Speiller, Stacy
Dept. 22
PLD-Pl-001
SHORT TITLE: CASE NUMBER:
Hawkins v. Hilton Worldwide, Inc., et al.
4. D Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. [K] except defendant (name): Hilton Worldwide, Inc. c. D except defendant (name):
(1) D a business organization, form unknown (1) D a business organization, form unknown
(2) [K] a corporation (2) D a corporation
(3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe):
(4) D a public entity (describe): (4) D a public entity (describe):
(5) D other (specify): (5) D other(specify):
b. [K] except defendant (name): d. D except defendant (name):
D
(1) a business organization, form unknown (1) D a business organization, form unknown
(2) D a corporation (2) D a corporation
(3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe):
(4) D a public entity (describe): (4) D a public entity (describe):
(5) D other (specify): (5) D other(specify):
D Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a. [K] Doe defendants (specify Doe numbers): 1-100 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [K] Doe defendants (specify Doe numbers): 1-100 are persons whose capacities are unknown to
plaintiff.
7. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. D at least one defendant now resides in its jurisdictional area.
b. [K] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
C. m injury to person or damage to personal property occurred in its jurisdictional area.
d. D other (specify):
9. [K] Plaintiff is required to comply with a claims statute, and
a. [K] has complied with applicable claims statutes, or
b. D is excused from complying because (specify):
PLD-Pl-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2of 3
Damage, Wrongful Death
PLD-Pl-001
SHORT TITLE: CASE NUMBER:
Hawkins v. Hilton Worldwide, Inc., et al.
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
a. D Motor Vehicle
b. m General Negligence
c. D Intentional Tort
d. D Products Liability
e. m Premises Liability
f. D Other (specify): -
11. Plaintiff has suffered
a. IT] wage loss
b. D loss of use of property
c. IT] hospital and medical expenses
d. IT] general damage
e. D property damage
f. IT] loss of earning capacity
g. D other damage (specify):
12.D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. D listed in Attachment 12.
b. D as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) IT] compensatory damages
(2) D punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1 )):
(1) IT] according to proof
(2) D in the amount of: $
15. D The paragraphs of this complaint alleged on information and belief are as follows(specify paragraph numbers):
Date:
K. Kevin Levian, Esq.
(TYPE OR PRINT NAME) â–º (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-Pl-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
For your protection and privacy, please press the Clear
This Form button after you have printed the form. I.>Ptintthis)ormJ 1 ~ave this form 1
PLD-Pl-001 (2)
SHORT TITLE: CASE NUMBER:
Hawkins v. Hilton Worldwide, Inc., et al.
One (1) CAUSE OF ACTION-General Negligence Page 4 of 5
-----
(number)
ATTACHMENTTO 0 Complaint LJ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name):DEANN HAWKINS
alleges that defendant (name): HILTON WORLDWIDE, INC.
0 Does to 100
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): November 3, 2018
at (place): Hilton Worldwide, Inc. located at 1821 Lander Avenue, Turlock, CA 95380
(description of reasons for liability):
Plaintff was using a handicap accessible shower on November 3, 2018 at Defendant's place of business. The shower had a
bench patrons could sit on. While sitting on the bench in the handicap accessible shower, the bench suddenly buckled under
Plaintiff, causing Plaintffto fall onto the ground. Defendant negligently, unsafely, and hazardously maintained, controlled, and
managed the bench in the shower, that caused Plaintiff her injuries.
Page 1 of1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California
CAUSE OF ACTION-General Negligence www.courts.ca.gov
PLD-Pl-001(2) [Rev. January 1, 2007]
PLD-Pl-001 (4)
SHORT TITLE: CASE NUMBER:
Hawkins v. Hilton Worldwide, Inc., et al.
Two (2)
CAUSE OF ACTION-Premises Liability Page 5 of5
(number) -----
ATTACHMENT TO [RJ Complaint D Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1.(name):DEANN HAWKINS
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): November 3, 2018 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Plaintff was using a handicap accessible shower on November 3, 2018 at Defendant's place of business. The shower had a
bench patrons could sit on. While sitting on the bench in the handicap accessible shower, the bench suddenly buckled under
Plaintiff, causing Plaintff to fall onto the ground. Defendant negligently, unsafely, and hazardously maintained, controlled, and
managed the bench in the shower, that caused Plaintiff her injuries.
Prem.L-2. [R] Count One-Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names):
Defendant Hilton Worldwide, Inc.;
[R] Does
- - - - - - - to
1 100
Prem.L-3. CR] Count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
Defendant Hilton Worldwide, Inc.;
[R] Does
- - - - - - - to
1 100
Plaintiff, a recreational user, was D an invited guest D a paying guest.
Prem.L-4. D Count Three-Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):
D Does _ _ _ _ _ _ _ to _ _ _ _ _ _ __
a. D The defendant public entity had D actual D constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. D The condition was created by employees of the defendant public entity.
Prem.L-5.a. [R] Allegations about Other Defendants The defendants who were the agents and employees of the other
defendants and acted within the scope of the agency were (names):
[R] Does
- - - - - - - to
1 100
b. D The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
D described in attachment Prem.L-5.b D as follows (names):
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California PLD- CAUSE OF ACTION-Premises Liability www.courts.ca.gov
Pl-001 (4) [Rev. January 1, 2007]
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PLD-Pl-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY K. Kevin Levian, Esq. (SBN 227734) LEVIAN LAW 1875 Century Park East, Suite 1025 Electronically Filed Los Angeles, CA 90067 10/30/2020 5:23 PM TELEPHONE NO: (310) 277-7577 (310) 277-7377 FAXNO.(Optional): Superior Court of California E-MAIL ADDRESS (Optional): kl@.levianlaw.com County of Stanislaus ATTORNEYFOR(NameJ: PLAINTIFF DEANN HAWKINS SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Clerk of the Court STREET ADDRESS: 801 1oth Street By: Mouang Saechao, Deputy MAILING ADDRESS: cITY AND zIp coDE: Modesto. CA 95353 $435 PAID BRANCH NAME:Citv Towers Courthouse PLAINTIFF: DEANN HAWKINS DEFENDANT: HILTON WORLDWIDE, INC. [KJ DOES 1 TO 100 COMPLAINT-Personal Injury, Property Damage, Wrongful Death CASE NUMBER: CJ AMENDED (Number): Type (check all that apply): CJ MOTOR VEHICLE [KJ OTHER (specify): Premises Liaiblity CV-20-004844 CJ Property Damage CJ Wrongful Death IT] Personal Injury CJ Other Damages (specify): Jurisdiction (check all that apply): CJ ACTION IS A LIMITED CIVIL CASE Amount demanded CJ does not exceed $10,000 CJ exceeds $10,000, but does not exceed $25,000 [KJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) CJ ACTION IS RECLASSIFIED by this amended complaint CJ from limited to unlimited CJ from unlimited to limited 1. Plaintiff (name or names): Deann Hawkins alleges causes of action against defendant (name or names): Hilton Worldwide, Inc., and DOES 1-100 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. CJ except plaintiff (name): (1)CJ a corporation qualified to do business in California (2) CJ an unincorporated entity (describe): (3) D a public entity (describe): (4) CJ a minor CJ an adult (a) CJ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) CJ other(specify): (5)CJ other (specify): b. CJ except plaintiff (name): (1)CJ a corporation qualified to do business in California (2)CJ an unincorporated entity (describe): (3) CJ a public entity (describe): (4) D a minor CJ an adult (a)CJ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)CJ other(specify): (5) CJ other (specify): CJ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of California www.courts.ca.gov PLD-Pl-001 [Rev. January 1, 2007] Damage, Wrongful Death Speiller, Stacy Dept. 22 PLD-Pl-001 SHORT TITLE: CASE NUMBER: Hawkins v. Hilton Worldwide, Inc., et al. 4. D Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. [K] except defendant (name): Hilton Worldwide, Inc. c. D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) [K] a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other(specify): b. [K] except defendant (name): d. D except defendant (name): D (1) a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other(specify): D Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. [K] Doe defendants (specify Doe numbers): 1-100 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [K] Doe defendants (specify Doe numbers): 1-100 are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. D at least one defendant now resides in its jurisdictional area. b. [K] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. C. m injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify): 9. [K] Plaintiff is required to comply with a claims statute, and a. [K] has complied with applicable claims statutes, or b. D is excused from complying because (specify): PLD-Pl-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2of 3 Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: Hawkins v. Hilton Worldwide, Inc., et al. 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. D Motor Vehicle b. m General Negligence c. D Intentional Tort d. D Products Liability e. m Premises Liability f. D Other (specify): - 11. Plaintiff has suffered a. IT] wage loss b. D loss of use of property c. IT] hospital and medical expenses d. IT] general damage e. D property damage f. IT] loss of earning capacity g. D other damage (specify): 12.D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. D as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) IT] compensatory damages (2) D punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1 )): (1) IT] according to proof (2) D in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows(specify paragraph numbers): Date: K. Kevin Levian, Esq. (TYPE OR PRINT NAME) ► (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-Pl-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 Damage, Wrongful Death For your protection and privacy, please press the Clear This Form button after you have printed the form. I.>Ptintthis)ormJ 1 ~ave this form 1 PLD-Pl-001 (2) SHORT TITLE: CASE NUMBER: Hawkins v. Hilton Worldwide, Inc., et al. One (1) CAUSE OF ACTION-General Negligence Page 4 of 5 ----- (number) ATTACHMENTTO 0 Complaint LJ Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name):DEANN HAWKINS alleges that defendant (name): HILTON WORLDWIDE, INC. 0 Does to 100 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): November 3, 2018 at (place): Hilton Worldwide, Inc. located at 1821 Lander Avenue, Turlock, CA 95380 (description of reasons for liability): Plaintff was using a handicap accessible shower on November 3, 2018 at Defendant's place of business. The shower had a bench patrons could sit on. While sitting on the bench in the handicap accessible shower, the bench suddenly buckled under Plaintiff, causing Plaintffto fall onto the ground. Defendant negligently, unsafely, and hazardously maintained, controlled, and managed the bench in the shower, that caused Plaintiff her injuries. Page 1 of1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION-General Negligence www.courts.ca.gov PLD-Pl-001(2) [Rev. January 1, 2007] PLD-Pl-001 (4) SHORT TITLE: CASE NUMBER: Hawkins v. Hilton Worldwide, Inc., et al. Two (2) CAUSE OF ACTION-Premises Liability Page 5 of5 (number) ----- ATTACHMENT TO [RJ Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1.(name):DEANN HAWKINS alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): November 3, 2018 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Plaintff was using a handicap accessible shower on November 3, 2018 at Defendant's place of business. The shower had a bench patrons could sit on. While sitting on the bench in the handicap accessible shower, the bench suddenly buckled under Plaintiff, causing Plaintff to fall onto the ground. Defendant negligently, unsafely, and hazardously maintained, controlled, and managed the bench in the shower, that caused Plaintiff her injuries. Prem.L-2. [R] Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): Defendant Hilton Worldwide, Inc.; [R] Does - - - - - - - to 1 100 Prem.L-3. CR] Count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Defendant Hilton Worldwide, Inc.; [R] Does - - - - - - - to 1 100 Plaintiff, a recreational user, was D an invited guest D a paying guest. Prem.L-4. D Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): D Does _ _ _ _ _ _ _ to _ _ _ _ _ _ __ a. D The defendant public entity had D actual D constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. D The condition was created by employees of the defendant public entity. Prem.L-5.a. [R] Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): [R] Does - - - - - - - to 1 100 b. D The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are D described in attachment Prem.L-5.b D as follows (names): Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California PLD- CAUSE OF ACTION-Premises Liability www.courts.ca.gov Pl-001 (4) [Rev. January 1, 2007]