Preview
Electronically Filed
3/8/2021 2:11 PM
1 BRAL & ASSOCIATES Superior Court of California
S. SEAN BRAL, ESQ. 190489 County of Stanislaus
2 RICHARD POURGOL, ESQ. 250236 Clerk of the Court
1875 CENTURY PARK EAST, SUITE 1490 By: Mouang Saechao, Deputy
3 LOS ANGELES, CALIFORNIA 90067
E-mail: SBFirm@gmail.com $435 PAID
4 Phn: (310)789-2007 Fax: (310)789-2006
5 Attorneys for Plaintiff
AGATHA MARIA REBOLO
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF STANISLAUS
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11 AGATHA MARIA REBOLO, ) Case Number: CV-21-001187
)
12 Plaintiff, )
) COMPLAINT FOR DAMAGES
13 vs. )
) 1. NEGLIGENCE /
14 C. W. BROWER, INC.; STOP N SAVE ) PREMISES LIABILITY
LLC, DOING BUSINESS AS “STOP N )
15 SAVE LIQUORS”; NEERAJ KUMAR, )
AN INDIVIDUAL; and DOES 1 through )
16 20, Inclusive. )
)
17 Defendants. )
____________________________________)
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1. Plaintiff AGATHA MARIA REBOLO (“Plaintiff”) is informed, believes, and thereupon
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alleges, that Defendant C. W. BROWER, INC. is, and at all times mentioned herein was, a
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Corporation registered, operating, and doing business in the City of Modesto, County of
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Stanislaus, and State of California.
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2. Plaintiff is informed, believes, and thereupon alleges, that Defendant STOP N SAVE LLC,
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DOING BUSINESS AS “STOP N SAVE LIQUORS”, is, and at all times mentioned herein
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was, a Limited Liability Company registered and operating in the City of Modesto, County of
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___________________________________________________________________________
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COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY
Freeland, John D
1 Dept. 23
1 Stanislaus, and State of California.
2 3. Plaintiff is informed, believes, and thereupon alleges, that Defendant NEERAJ KUMAR, AN
3 INDIVIDUAL, is, and at all times mentioned herein was, an individual residing in the County
4 of Stanislaus, and the State of California.
5 4. Plaintiff is informed and believes that Defendants DOES 1 through 20, inclusive
6 (collectively, “Defendants”), are, and at all times mentioned herein were, individuals residing
7 in, or business entities based and\or operating in, the County of Stanislaus, and State of
8 California.
9 5. The true names and capacities, whether individual, corporate, associate or otherwise, of
10 Defendants, DOES 1 through 20, inclusive, are unknown to Plaintiff, who therefore sues said
11 Defendants by such fictitious names, and Plaintiff will seek leave of court to amend this
12 Complaint, in order to show the true names and capacities thereof, when such names and
13 capacities are known.
14 6. Plaintiff is informed, believes, and thereupon alleges that each of the Defendants designated
15 herein as a DOE is responsible, negligently or in some other manner, for the events and
16 happenings herein referred to, and thereby proximately caused injuries and damages to
17 Plaintiff, as hereinafter alleged.
18 7. Defendants are, at all times mentioned herein were, the agents, servants, employees, partners,
19 members, shareholders, officers, directors, joint venturers, and alter egos of each other, and
20 in doing, or failing to do, the things hereinafter mentioned were acting within the purpose and
21 scope of their agency and employment and with the knowledge and consent of each other.
22 8. As used herein the term “Defendants” means all Defendants (including but not limited to
23 named and DOE defendants), both jointly and severally, and mentions by name to any named
24 Defendant shall include all Defendants, both jointly and severally, by reference.
25 9. Each and all of the acts, events and injuries alleged hereinafter, took place and were sustained
26 on or about March 09, 2019, at or about 08:30 p.m., at or near the “Stop N Save Liquors”
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___________________________________________________________________________
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COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY
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1 store, and its premises, including but not limited to, sidewalks/walkways adjacent to the
2 building structure, located at or near, 3800 McHenry Avenue, Unit #A, in the City of
3 Modesto, the County of Stanislaus, the State of California, and the Zip Code of 95356
4 (collectively, “Premises”).
5 10. At all times mentioned herein, Defendants and/or their Predecessors, Successors and/or
6 Assigns, owned, maintained, controlled, managed, supervised and\or operated the entity
7 and/or property referred to as “Stop N Save Liquors,” located at or near, 3800 McHenry
8 Avenue, Unit #A, in the City of Modesto, the County of Stanislaus, the State of California,
9 and the Zip Code of 95356. At the aforementioned time and place Defendants, and each of
10 them, so negligently maintained, controlled, managed, operated, inspected, and\or supervised
11 said Premises, as to fail to prevent foreseeable users, customers and invitees, such as
12 Plaintiff, from being exposed to perilous and unsafe conditions, without warnings, causing
13 Plaintiff to sustain the hereinafter described injuries and damages.
14 11. Defendants knew, or in exercise of reasonable care should have known, that such actions and
15 omissions constituted a dangerous and an unreasonable risk of harm of which Plaintiff at all
16 times was unaware of.
17 12. Defendants negligently failed to take steps to either make the condition safe or warn Plaintiff
18 of the dangerous condition, thereby causing the described injuries and damages to Plaintiff.
19 13. As the direct and proximate result of the negligence of the above-named Defendants, and
20 each of them, Plaintiff was hurt and injured in her health, strength and activity, sustaining
21 serious injuries to body and severe shock and injuries to her nervous system and person, all of
22 which injuries have caused and continue to cause Plaintiff great mental, physical and nervous
23 pain and suffering, all to Plaintiff’s general damages in an amount in excess of the
24 jurisdictional minimum of this Court.
25 14. As a further, direct and proximate result of the negligence of Defendants, Plaintiff was
26 required to, and did, incur medical and incidental expenses thereby. The exact amount of
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___________________________________________________________________________
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COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY
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1 such expenses is presently unknown to Plaintiff and Plaintiff will seek leave of court to
2 amend this Complaint, in order to set forth the exact amount thereof, when such amount has
3 been ascertained.
4 15. Plaintiff is informed, believes, and thereon alleges, that as the direct result and proximate
5 cause of the negligence of Defendants, and each of them, Plaintiff will, for a period to time in
6 the future, be required to employ physicians and incur additional medical and incidental
7 expenses thereby. The exact amount of such expenses is presently unknown to Plaintiff and
8 Plaintiff will seek leave of court to amend this Complaint, in order to set forth the exact
9 amount thereof when the same has been ascertained.
10 16. At the time of the above-mentioned incident, Plaintiff was gainfully employed. As a further
11 and direct and proximate result of the negligence of Defendants, and each of them, Plaintiff
12 was unable to attend to her usual employment and has lost income. The exact amount of
13 such damages is presently unknown to Plaintiff and Plaintiff will seek leave of court to
14 amend this Complaint, in order to set forth the exact amount thereof, when such amount has
15 been ascertained.
16 17. Plaintiff is informed, believes, and thereupon alleges, that as a direct and proximate result of
17 the negligence of Defendants, and each of them, Plaintiff will, for a period of time in the
18 future, be unable to attend and\or obtain gainful employment or that her ability to obtain
19 gainful employment is diminished and\or her earning capacity has been diminished. The
20 exact amount of such losses is presently unknown to Plaintiff, and Plaintiff will seek leave of
21 court to amend this Complaint, in order to set forth the exact amount thereof, when such
22 amount has been ascertained.
23
24 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them,
25 jointly and severally, as follows:
26 1. General damages, according to proof, and in an amount in excess of the jurisdictional
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___________________________________________________________________________
28
COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY
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1 minimum of this Court;
2 2. Medical and incidental expenses, according to proof;
3 3. All other special and incidental damages, according to proof;
4 4. Loss of earnings, according to proof;
5 5. Loss of earning capacity, according to proof;
6 6. Pre-judgment interest, according to proof;
7 7. Costs of suit incurred herein;
8 8. Attorneys’ fees as provided by law;
9 9. Punitive damages, as provided by law; and
10 10. Such other and further relief as the Court may deem just and proper.
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12 Dated: March 06, 2021 BRAL & ASSOCIATES
13
By: ____________________________________
14 S. Sean Bral, Esq.
Attorneys for Plaintiff
15 AGATHA MARIA REBOLO
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___________________________________________________________________________
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COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY
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Preview
Electronically Filed 3/8/2021 2:11 PM 1 BRAL & ASSOCIATES Superior Court of California S. SEAN BRAL, ESQ. 190489 County of Stanislaus 2 RICHARD POURGOL, ESQ. 250236 Clerk of the Court 1875 CENTURY PARK EAST, SUITE 1490 By: Mouang Saechao, Deputy 3 LOS ANGELES, CALIFORNIA 90067 E-mail: SBFirm@gmail.com $435 PAID 4 Phn: (310)789-2007 Fax: (310)789-2006 5 Attorneys for Plaintiff AGATHA MARIA REBOLO 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF STANISLAUS 10 11 AGATHA MARIA REBOLO, ) Case Number: CV-21-001187 ) 12 Plaintiff, ) ) COMPLAINT FOR DAMAGES 13 vs. ) ) 1. NEGLIGENCE / 14 C. W. BROWER, INC.; STOP N SAVE ) PREMISES LIABILITY LLC, DOING BUSINESS AS “STOP N ) 15 SAVE LIQUORS”; NEERAJ KUMAR, ) AN INDIVIDUAL; and DOES 1 through ) 16 20, Inclusive. ) ) 17 Defendants. ) ____________________________________) 18 19 1. Plaintiff AGATHA MARIA REBOLO (“Plaintiff”) is informed, believes, and thereupon 20 alleges, that Defendant C. W. BROWER, INC. is, and at all times mentioned herein was, a 21 Corporation registered, operating, and doing business in the City of Modesto, County of 22 Stanislaus, and State of California. 23 2. Plaintiff is informed, believes, and thereupon alleges, that Defendant STOP N SAVE LLC, 24 DOING BUSINESS AS “STOP N SAVE LIQUORS”, is, and at all times mentioned herein 25 was, a Limited Liability Company registered and operating in the City of Modesto, County of 26 27 ___________________________________________________________________________ 28 COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY Freeland, John D 1 Dept. 23 1 Stanislaus, and State of California. 2 3. Plaintiff is informed, believes, and thereupon alleges, that Defendant NEERAJ KUMAR, AN 3 INDIVIDUAL, is, and at all times mentioned herein was, an individual residing in the County 4 of Stanislaus, and the State of California. 5 4. Plaintiff is informed and believes that Defendants DOES 1 through 20, inclusive 6 (collectively, “Defendants”), are, and at all times mentioned herein were, individuals residing 7 in, or business entities based and\or operating in, the County of Stanislaus, and State of 8 California. 9 5. The true names and capacities, whether individual, corporate, associate or otherwise, of 10 Defendants, DOES 1 through 20, inclusive, are unknown to Plaintiff, who therefore sues said 11 Defendants by such fictitious names, and Plaintiff will seek leave of court to amend this 12 Complaint, in order to show the true names and capacities thereof, when such names and 13 capacities are known. 14 6. Plaintiff is informed, believes, and thereupon alleges that each of the Defendants designated 15 herein as a DOE is responsible, negligently or in some other manner, for the events and 16 happenings herein referred to, and thereby proximately caused injuries and damages to 17 Plaintiff, as hereinafter alleged. 18 7. Defendants are, at all times mentioned herein were, the agents, servants, employees, partners, 19 members, shareholders, officers, directors, joint venturers, and alter egos of each other, and 20 in doing, or failing to do, the things hereinafter mentioned were acting within the purpose and 21 scope of their agency and employment and with the knowledge and consent of each other. 22 8. As used herein the term “Defendants” means all Defendants (including but not limited to 23 named and DOE defendants), both jointly and severally, and mentions by name to any named 24 Defendant shall include all Defendants, both jointly and severally, by reference. 25 9. Each and all of the acts, events and injuries alleged hereinafter, took place and were sustained 26 on or about March 09, 2019, at or about 08:30 p.m., at or near the “Stop N Save Liquors” 27 ___________________________________________________________________________ 28 COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY 2 1 store, and its premises, including but not limited to, sidewalks/walkways adjacent to the 2 building structure, located at or near, 3800 McHenry Avenue, Unit #A, in the City of 3 Modesto, the County of Stanislaus, the State of California, and the Zip Code of 95356 4 (collectively, “Premises”). 5 10. At all times mentioned herein, Defendants and/or their Predecessors, Successors and/or 6 Assigns, owned, maintained, controlled, managed, supervised and\or operated the entity 7 and/or property referred to as “Stop N Save Liquors,” located at or near, 3800 McHenry 8 Avenue, Unit #A, in the City of Modesto, the County of Stanislaus, the State of California, 9 and the Zip Code of 95356. At the aforementioned time and place Defendants, and each of 10 them, so negligently maintained, controlled, managed, operated, inspected, and\or supervised 11 said Premises, as to fail to prevent foreseeable users, customers and invitees, such as 12 Plaintiff, from being exposed to perilous and unsafe conditions, without warnings, causing 13 Plaintiff to sustain the hereinafter described injuries and damages. 14 11. Defendants knew, or in exercise of reasonable care should have known, that such actions and 15 omissions constituted a dangerous and an unreasonable risk of harm of which Plaintiff at all 16 times was unaware of. 17 12. Defendants negligently failed to take steps to either make the condition safe or warn Plaintiff 18 of the dangerous condition, thereby causing the described injuries and damages to Plaintiff. 19 13. As the direct and proximate result of the negligence of the above-named Defendants, and 20 each of them, Plaintiff was hurt and injured in her health, strength and activity, sustaining 21 serious injuries to body and severe shock and injuries to her nervous system and person, all of 22 which injuries have caused and continue to cause Plaintiff great mental, physical and nervous 23 pain and suffering, all to Plaintiff’s general damages in an amount in excess of the 24 jurisdictional minimum of this Court. 25 14. As a further, direct and proximate result of the negligence of Defendants, Plaintiff was 26 required to, and did, incur medical and incidental expenses thereby. The exact amount of 27 ___________________________________________________________________________ 28 COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY 3 1 such expenses is presently unknown to Plaintiff and Plaintiff will seek leave of court to 2 amend this Complaint, in order to set forth the exact amount thereof, when such amount has 3 been ascertained. 4 15. Plaintiff is informed, believes, and thereon alleges, that as the direct result and proximate 5 cause of the negligence of Defendants, and each of them, Plaintiff will, for a period to time in 6 the future, be required to employ physicians and incur additional medical and incidental 7 expenses thereby. The exact amount of such expenses is presently unknown to Plaintiff and 8 Plaintiff will seek leave of court to amend this Complaint, in order to set forth the exact 9 amount thereof when the same has been ascertained. 10 16. At the time of the above-mentioned incident, Plaintiff was gainfully employed. As a further 11 and direct and proximate result of the negligence of Defendants, and each of them, Plaintiff 12 was unable to attend to her usual employment and has lost income. The exact amount of 13 such damages is presently unknown to Plaintiff and Plaintiff will seek leave of court to 14 amend this Complaint, in order to set forth the exact amount thereof, when such amount has 15 been ascertained. 16 17. Plaintiff is informed, believes, and thereupon alleges, that as a direct and proximate result of 17 the negligence of Defendants, and each of them, Plaintiff will, for a period of time in the 18 future, be unable to attend and\or obtain gainful employment or that her ability to obtain 19 gainful employment is diminished and\or her earning capacity has been diminished. The 20 exact amount of such losses is presently unknown to Plaintiff, and Plaintiff will seek leave of 21 court to amend this Complaint, in order to set forth the exact amount thereof, when such 22 amount has been ascertained. 23 24 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, 25 jointly and severally, as follows: 26 1. General damages, according to proof, and in an amount in excess of the jurisdictional 27 ___________________________________________________________________________ 28 COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY 4 1 minimum of this Court; 2 2. Medical and incidental expenses, according to proof; 3 3. All other special and incidental damages, according to proof; 4 4. Loss of earnings, according to proof; 5 5. Loss of earning capacity, according to proof; 6 6. Pre-judgment interest, according to proof; 7 7. Costs of suit incurred herein; 8 8. Attorneys’ fees as provided by law; 9 9. Punitive damages, as provided by law; and 10 10. Such other and further relief as the Court may deem just and proper. 11 12 Dated: March 06, 2021 BRAL & ASSOCIATES 13 By: ____________________________________ 14 S. Sean Bral, Esq. Attorneys for Plaintiff 15 AGATHA MARIA REBOLO 16 17 18 19 20 21 22 23 24 25 26 27 ___________________________________________________________________________ 28 COMPLAINT FOR DAMAGES: NEGLIGENCE / PREMISES LIABILITY 5