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1 JACOBY & MEYERS ATTORNEYS LLP Electronically Filed
SHANE HAPUARACHY, State Bar No. 271887 6/16/2021 3:47 PM
2 shapuarachy@jacobyandmeyers.com Superior Court of California
GRETA M. CURRY, State Bar No. 328584 County of Stanislaus
3 gcurry@jacobyandmeyers.com Clerk of the Court
JUBIN J. NIAMEHR, State Bar No. 266794 By: James Xiong, Deputy
4 jn@jacobyandmeyers.com
10900 Wilshire Boulevard, 15th Floor
5 Los Angeles, California 90024 $435 PAID
Telephone: (310) 312-3300 $150 PAID
6 Facsimile: (310) 715-8331
7 Attorneys for Plaintiff LINDA VAGENAS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF STANISLAUS
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
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JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 LINDA VAGENAS, an individual; Case No.: CV-21-003140
Los Angeles, California 90024
12 Plaintiff, COMPLAINT FOR DAMAGES FOR
13 vs. 1. NEGLIGENCE;
14 DOLLAR TREE STORES, INC., a corporation; and 2. PREMISES LIABILITY
DOES 1 through 50, inclusive,
15 DEMAND FOR JURY TRIAL
Defendants.
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18 COMES NOW Plaintiff LINDA VAGENAS who complains and alleges as follows:
19 1. All acts complained of herein took place within the jurisdiction of the above-
20 captioned court.
21 2. The true names and capacities, whether individual, plural, corporate, partnership,
22 associate or otherwise of DOES 1 through 50, inclusive, are presently unknown to Plaintiff, who
23 therefore sues said Defendants by such fictitious names. The full extent of the facts linking such
24 factiously sued Defendants with the causes of action alleged herein is unknown to Plaintiff.
25 Plaintiff is informed and believes, and thereupon alleges, that each of the Defendants designated
26 herein as a DOE was and is negligently, carelessly, recklessly, unlawfully, tortuously, wantonly,
27 wrongfully, illegally, or in some other actionable matter, responsible for the events and
28 happenings hereinafter referred to, and thereby negligently, carelessly, recklessly, unlawfully,
Mayne, John R
Dept. 21
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 tortuously, wantonly, wrongfully, and illegally proximately caused the hereinafter described
2 injuries and damages to Plaintiff. Plaintiff will later file an amendment to this Complaint or seek
3 leave of Court to amend this Complaint to show Defendants’ true names and capacities after the
4 same has been ascertained.
5 3. Plaintiff LINDA VAGENAS (“Plaintiff”) is, and at all relevant times was, a resident of
6 the City of Riverbank, County of Stanislaus, State of California.
7 4. Plaintiff is informed and believes, and thereupon alleges that at all times
8 mentioned herein, Defendant DOLLAR TREE STORES, INC. and DOES 1-10 inclusive, were and are
9 corporations that operate a chain of retail stores and authorized to do business and doing
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 business in the County of Stanislaus, State of California.
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 5. Plaintiff is informed and believes, and thereupon alleges, that at all times
Los Angeles, California 90024
12 mentioned herein, Defendants, and each of them, including DOES 1 through 50, inclusive, and
13 each of them, were agents, servants, employees and joint venturers of each other, and were, as
14 such, acting within the course, scope and authority of said agency, employment and joint
15 venture, and that each and every Defendant, as aforesaid, were responsible for safely creating
16 and maintaining the interior of the Dollar Tree store located at 1620 Standiford Avenue, in
17 Modesto, CA 95350.
18 6. Plaintiff is informed and believes and thereupon alleges that Defendants DOLLAR
19 TREE STORES, INC., a corporation; and DOES 1 through 50, and each of them, owned, leased,
20 operated, maintained, designed, installed, built, managed, supervised, inspected and/or
21 otherwise controlled a DOLLAR TREE store at 1620 Standiford Avenue, in Modesto, CA 95350
22 (herein after, the “PREMISES”).
23 7. Defendants DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 50,
24 and each of them, failed to own, lease, operate, maintain, design, install, build, manage and/or
25 otherwise control the PREMISES in a reasonably safe condition by, without limitation, failing to
26 inspect and properly remove a glass from the floor. Prior to Plaintiff’s injury, this condition
27 existed for sufficient time to have been discovered by Defendants in the exercise of due care,
28 and would have been so discovered by a reasonably adequate inspection system maintained and
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 operated with due care. Although Defendants should have known about the unsafe area, they
2 did nothing to fix the problem or adequately warn pedestrians about it.
3 8. On or about February 25th, 2020, Defendants, and each of them, so negligently
4 owned, leased, operated, maintained, designed, installed, built, managed, supervised, inspected
5 and/or controlled the PREMISES that unsafe and dangerous conditions were created or caused to
6 exist which led to an incident wherein Plaintiff was injured while at the PREMISES and suffered
7 severe bodily harm.
8 9. On or about February 25th, 2020, Plaintiff was lawfully at and upon the PREMISES
9 when she stepped on broken glass, as a result of the dangerous conditions of the PREMISES,
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 including but not limited to trip/slip hazards and/or obstructed walkways. Plaintiff was injured as
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 a direct and proximate result of encountering the unsafe and dangerous conditions that existed
Los Angeles, California 90024
12 at Defendants’ PREMISES.
13 10. As a proximate result of the conduct of the Defendants, and each of them, Plaintiff
14 sustained losses in an amount to be determined at trial, including but not limited to, physical
15 injuries to her body requiring medical treatment and care, physical pain and mental suffering,
16 loss of earnings and the capacity to maintain gainful employment, among other general and
17 special damages in an amount to be determined according to proof.
18
19 FIRST CAUSE OF ACTION
20 NEGLIGENCE
21 (As Against All Defendants)
22 11. Plaintiff re-alleges and incorporates by reference each and every allegation above
23 as though fully set forth in detail herein.
24 12. Defendants DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 50,
25 and each of them, owed a duty to Plaintiff to exercise ordinary care and skill to avoid causing
26 foreseeable harm to Plaintiff and other similarly situated persons.
27 13. Defendants, and each of them, breached that duty of care by negligently and
28 carelessly managing, operating, inspecting, controlling, supervising and/or maintaining the
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 PREMISES.
2 14. Defendants’ breach of their duty of care was a legal cause of, and a substantial
3 factor in, Plaintiff’s harm and damages as alleged herein.
4
5 SECOND CAUSE OF ACTION
6 PREMISES LIABILITY
7 (As Against All Defendants)
8 15. Plaintiff re-alleges and incorporates by reference each and every allegation above
9 as though full set forth in detail herein.
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 16. Defendants DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 100,
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 and each of them, including without limitation their vendors, agents, employees, co-workers and
Los Angeles, California 90024
12 others, owned, leased, operated, maintained, designed, installed, built, managed, inspected
13 and/or otherwise controlled the PREMISES.
14 17. Defendants, and each of them, had a duty to use reasonable care to keep the
15 PREMISES in a reasonably safe condition for use by Plaintiff and other similarly situated.
16 Defendants, and each of them, had a duty to use reasonable care to discover any unsafe
17 conditions on the PREMISES and to repair, replace, or give adequate warning of anything that
18 could reasonably be expected to harm others.
19 18. Defendants, and each of them, breached their above-described duties and failed
20 to use reasonable care to protect Plaintiff and others similarly situated form the foreseeable
21 harm caused by the dangerous and unsafe conditions that existed at the PREMISES. Defendants
22 knew or should have known that the dangerous conditions were present and/or Defendants
23 (and/or their employees or agents) created such conditions. Defendants failed to take reasonable
24 steps to repair, replace, or give adequate warning of the dangerous and unsafe conditions of the
25 PREMISES, which Defendants, and each of them, created or otherwise failed to repair despite
26 reasonable time and opportunity to take corrective action.
27 19. The above-described conditions created an unreasonable risk of harm which
28 Defendants and each of them, knew about, either because the Defendants created the condition
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 or because Defendants, in the exercise of reasonable care, should have discovered through
2 reasonable, periodic inspections of the property.
3 20. Defendants’ breach of their duty of care was a legal cause of, and a substantial
4 factor in, Plaintiff’s harm and damages as alleged herein.
5
6 PRAYER FOR RELIEF
7 WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as
8 follows:
9 1. For past and future general damages, according to proof;
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 2. For past and future medical expenses, according to proof;
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 3. For past and future lost earnings and lost earning capacity, according to proof;
Los Angeles, California 90024
12 4. For pre- and post-judgment interest;
13 5. For costs of suit incurred herein;
14 6. For such other and further relief as the Court deems just and proper.
15
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17 Dated: June 16, 2021 JACOBY & MEYERS ATTORNEYS LLP
18
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By: ______________________________
20
SHANE HAPUARACHY
21 Attorney for Plaintiff, LINDA VAGENAS
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 DEMAND FOR TRIAL BY JURY
2 Plaintiff hereby demands a trial by jury on all issues triable by jury.
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Dated: June 15, 2021 JACOBY & MEYERS ATTORNEYS LLP
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By: ______________________________
7
SHANE HAPUARACHY
8 Attorney for Plaintiff, LINDA VAGENAS
9
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
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JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11
Los Angeles, California 90024
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PLAINTIFF’S COMPLAINT FOR DAMAGES
Preview
1 JACOBY & MEYERS ATTORNEYS LLP Electronically Filed SHANE HAPUARACHY, State Bar No. 271887 6/16/2021 3:47 PM 2 shapuarachy@jacobyandmeyers.com Superior Court of California GRETA M. CURRY, State Bar No. 328584 County of Stanislaus 3 gcurry@jacobyandmeyers.com Clerk of the Court JUBIN J. NIAMEHR, State Bar No. 266794 By: James Xiong, Deputy 4 jn@jacobyandmeyers.com 10900 Wilshire Boulevard, 15th Floor 5 Los Angeles, California 90024 $435 PAID Telephone: (310) 312-3300 $150 PAID 6 Facsimile: (310) 715-8331 7 Attorneys for Plaintiff LINDA VAGENAS 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 LINDA VAGENAS, an individual; Case No.: CV-21-003140 Los Angeles, California 90024 12 Plaintiff, COMPLAINT FOR DAMAGES FOR 13 vs. 1. NEGLIGENCE; 14 DOLLAR TREE STORES, INC., a corporation; and 2. PREMISES LIABILITY DOES 1 through 50, inclusive, 15 DEMAND FOR JURY TRIAL Defendants. 16 17 18 COMES NOW Plaintiff LINDA VAGENAS who complains and alleges as follows: 19 1. All acts complained of herein took place within the jurisdiction of the above- 20 captioned court. 21 2. The true names and capacities, whether individual, plural, corporate, partnership, 22 associate or otherwise of DOES 1 through 50, inclusive, are presently unknown to Plaintiff, who 23 therefore sues said Defendants by such fictitious names. The full extent of the facts linking such 24 factiously sued Defendants with the causes of action alleged herein is unknown to Plaintiff. 25 Plaintiff is informed and believes, and thereupon alleges, that each of the Defendants designated 26 herein as a DOE was and is negligently, carelessly, recklessly, unlawfully, tortuously, wantonly, 27 wrongfully, illegally, or in some other actionable matter, responsible for the events and 28 happenings hereinafter referred to, and thereby negligently, carelessly, recklessly, unlawfully, Mayne, John R Dept. 21 -1- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 tortuously, wantonly, wrongfully, and illegally proximately caused the hereinafter described 2 injuries and damages to Plaintiff. Plaintiff will later file an amendment to this Complaint or seek 3 leave of Court to amend this Complaint to show Defendants’ true names and capacities after the 4 same has been ascertained. 5 3. Plaintiff LINDA VAGENAS (“Plaintiff”) is, and at all relevant times was, a resident of 6 the City of Riverbank, County of Stanislaus, State of California. 7 4. Plaintiff is informed and believes, and thereupon alleges that at all times 8 mentioned herein, Defendant DOLLAR TREE STORES, INC. and DOES 1-10 inclusive, were and are 9 corporations that operate a chain of retail stores and authorized to do business and doing Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 business in the County of Stanislaus, State of California. JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 5. Plaintiff is informed and believes, and thereupon alleges, that at all times Los Angeles, California 90024 12 mentioned herein, Defendants, and each of them, including DOES 1 through 50, inclusive, and 13 each of them, were agents, servants, employees and joint venturers of each other, and were, as 14 such, acting within the course, scope and authority of said agency, employment and joint 15 venture, and that each and every Defendant, as aforesaid, were responsible for safely creating 16 and maintaining the interior of the Dollar Tree store located at 1620 Standiford Avenue, in 17 Modesto, CA 95350. 18 6. Plaintiff is informed and believes and thereupon alleges that Defendants DOLLAR 19 TREE STORES, INC., a corporation; and DOES 1 through 50, and each of them, owned, leased, 20 operated, maintained, designed, installed, built, managed, supervised, inspected and/or 21 otherwise controlled a DOLLAR TREE store at 1620 Standiford Avenue, in Modesto, CA 95350 22 (herein after, the “PREMISES”). 23 7. Defendants DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 50, 24 and each of them, failed to own, lease, operate, maintain, design, install, build, manage and/or 25 otherwise control the PREMISES in a reasonably safe condition by, without limitation, failing to 26 inspect and properly remove a glass from the floor. Prior to Plaintiff’s injury, this condition 27 existed for sufficient time to have been discovered by Defendants in the exercise of due care, 28 and would have been so discovered by a reasonably adequate inspection system maintained and -2- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 operated with due care. Although Defendants should have known about the unsafe area, they 2 did nothing to fix the problem or adequately warn pedestrians about it. 3 8. On or about February 25th, 2020, Defendants, and each of them, so negligently 4 owned, leased, operated, maintained, designed, installed, built, managed, supervised, inspected 5 and/or controlled the PREMISES that unsafe and dangerous conditions were created or caused to 6 exist which led to an incident wherein Plaintiff was injured while at the PREMISES and suffered 7 severe bodily harm. 8 9. On or about February 25th, 2020, Plaintiff was lawfully at and upon the PREMISES 9 when she stepped on broken glass, as a result of the dangerous conditions of the PREMISES, Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 including but not limited to trip/slip hazards and/or obstructed walkways. Plaintiff was injured as JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 a direct and proximate result of encountering the unsafe and dangerous conditions that existed Los Angeles, California 90024 12 at Defendants’ PREMISES. 13 10. As a proximate result of the conduct of the Defendants, and each of them, Plaintiff 14 sustained losses in an amount to be determined at trial, including but not limited to, physical 15 injuries to her body requiring medical treatment and care, physical pain and mental suffering, 16 loss of earnings and the capacity to maintain gainful employment, among other general and 17 special damages in an amount to be determined according to proof. 18 19 FIRST CAUSE OF ACTION 20 NEGLIGENCE 21 (As Against All Defendants) 22 11. Plaintiff re-alleges and incorporates by reference each and every allegation above 23 as though fully set forth in detail herein. 24 12. Defendants DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 50, 25 and each of them, owed a duty to Plaintiff to exercise ordinary care and skill to avoid causing 26 foreseeable harm to Plaintiff and other similarly situated persons. 27 13. Defendants, and each of them, breached that duty of care by negligently and 28 carelessly managing, operating, inspecting, controlling, supervising and/or maintaining the -3- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 PREMISES. 2 14. Defendants’ breach of their duty of care was a legal cause of, and a substantial 3 factor in, Plaintiff’s harm and damages as alleged herein. 4 5 SECOND CAUSE OF ACTION 6 PREMISES LIABILITY 7 (As Against All Defendants) 8 15. Plaintiff re-alleges and incorporates by reference each and every allegation above 9 as though full set forth in detail herein. Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 16. Defendants DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 100, JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 and each of them, including without limitation their vendors, agents, employees, co-workers and Los Angeles, California 90024 12 others, owned, leased, operated, maintained, designed, installed, built, managed, inspected 13 and/or otherwise controlled the PREMISES. 14 17. Defendants, and each of them, had a duty to use reasonable care to keep the 15 PREMISES in a reasonably safe condition for use by Plaintiff and other similarly situated. 16 Defendants, and each of them, had a duty to use reasonable care to discover any unsafe 17 conditions on the PREMISES and to repair, replace, or give adequate warning of anything that 18 could reasonably be expected to harm others. 19 18. Defendants, and each of them, breached their above-described duties and failed 20 to use reasonable care to protect Plaintiff and others similarly situated form the foreseeable 21 harm caused by the dangerous and unsafe conditions that existed at the PREMISES. Defendants 22 knew or should have known that the dangerous conditions were present and/or Defendants 23 (and/or their employees or agents) created such conditions. Defendants failed to take reasonable 24 steps to repair, replace, or give adequate warning of the dangerous and unsafe conditions of the 25 PREMISES, which Defendants, and each of them, created or otherwise failed to repair despite 26 reasonable time and opportunity to take corrective action. 27 19. The above-described conditions created an unreasonable risk of harm which 28 Defendants and each of them, knew about, either because the Defendants created the condition -4- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 or because Defendants, in the exercise of reasonable care, should have discovered through 2 reasonable, periodic inspections of the property. 3 20. Defendants’ breach of their duty of care was a legal cause of, and a substantial 4 factor in, Plaintiff’s harm and damages as alleged herein. 5 6 PRAYER FOR RELIEF 7 WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as 8 follows: 9 1. For past and future general damages, according to proof; Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 2. For past and future medical expenses, according to proof; JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 3. For past and future lost earnings and lost earning capacity, according to proof; Los Angeles, California 90024 12 4. For pre- and post-judgment interest; 13 5. For costs of suit incurred herein; 14 6. For such other and further relief as the Court deems just and proper. 15 16 17 Dated: June 16, 2021 JACOBY & MEYERS ATTORNEYS LLP 18 19 By: ______________________________ 20 SHANE HAPUARACHY 21 Attorney for Plaintiff, LINDA VAGENAS 22 23 24 25 26 27 28 -5- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 DEMAND FOR TRIAL BY JURY 2 Plaintiff hereby demands a trial by jury on all issues triable by jury. 3 Dated: June 15, 2021 JACOBY & MEYERS ATTORNEYS LLP 4 5 6 By: ______________________________ 7 SHANE HAPUARACHY 8 Attorney for Plaintiff, LINDA VAGENAS 9 Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 Los Angeles, California 90024 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- PLAINTIFF’S COMPLAINT FOR DAMAGES