Preview
1 LEE A. SHERMAN, Esq. (SBN 172198)
SARAH C. VARISCO, Esq. (SBN 320200)
2 CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP
3 2601 Main Street, Suite 800
Irvine, California 92614
4 Tel: (949) 261-2872
Fax: (949) 261-6060
5 Email: lsherman@ctsclaw.com
svarisco@ctsclaw.com 1/12/2021
6
Attorneys for Defendant,
7 XI FIN LIN, LISA LIN LIAO,
LIN LI, DA QING ZHENG, &
8 AMAZING WOK
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
12 RON EICHMAN Case No.: 20-CIV-02474
13 JUDGE: Hon. Nancy L. Fineman
DEPARTMENT: 4
14 Plaintiff, COMPLAINT DATE: 6/15/2020
15 vs. DECLARATION OF SARAH C. VARISCO
IN SUPPORT OF DEFENDANT’S
16 XI FIN LIN, LISA LIN LIAO, LIN LI, DA MOTION TO COMPEL RESPONSES TO
QING ZHENG, AMAZING WOK; DOES 1 DEFENDANT’S REQUEST FOR
17 TO 20 PRODUCTION OF DOCUMENTS, SET
ONE AND REQUEST FOR SANCTIONS
18 IN THE AMOUNT OF $2,030.00
19 Defendant. March 9, 2021
Date: February 16, 2021
20 Time: 8:30 a.m.2:00 pm
Dept.: 4
21
[Filed concurrently with the Motion to
22 Compel Responses and [Proposed] Order]
23 DISCOVERY CUT OFF: NONE
MOTION CUT OFF: NONE
24 MSC DATE: NONE
TRIAL DATE: NONE
25
26
27
28
-1-
DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS
1 DECLARATION OF SARAH C. VARISCO
2
I, Sarah C. Varisco, hereby declare as follows:
3
1. I am an attorney duly licensed to practice law in the State of California and I am an associate
4
attorney with Callahan, Thompson, Sherman & Caudill, LLP, counsel for Defendant Amazing Wok
5
6 (hereinafter “Defendant”) in this matter. I have personal knowledge of the matters set forth herein
7 and could competently testify to such matters if ordered to do so.
8 2. As a result of having to bring this motion to compel, I spent 1.3 hours drafting this motion
9 and all accompanying documents.
10
3. My billing rate for cases of this nature is $350.00 an hour.
11
4. I estimate I will spend an additional 2.5 hours reviewing any opposition papers and drafting
12
a reply, 1.0 hours for preparing for the hearing on this individual motion and an additional 1.0 hours
13
14 for attending the hearing on this individual motion. Thus, the total estimated amount of attorneys’
15 fees and costs spent on this motion and Defendant’s sanctions request is $2,030.00.
16 5. My office served Request for Production of Documents, Set One upon Plaintiff on August
17
26, 2020. Attached at Exhibit A is a true and correct copy of the Proof of Service for Request for
18
Production of Documents, Set One. Responses were therefore due on September 29, 2020.
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6. On October 1, 2020 I emailed Plaintiff Ron Eichman’s (hereinafter “Plaintiff”) counsel
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inquiring as to Plaintiff’s discovery responses that were past due. Attached at Exhibit B is a true
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22 and correct copy of my October 1, 2020 email to Plaintiff’s counsel.
23 7. It is my understanding Plaintiff’s counsel’s office reached out to my office and asked for a
24 three-week extension to respond to discovery. I therefore followed up regarding the three-week
25
extension in an email. (See Exhibit B.) Plaintiff’s counsel’s office confirmed the three-week
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extension and waiver of objections on October 6, 2020. (Id.) Thus, responses were due on October
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22, 2020. (Id.)
28
-2-
DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS
1
2 8. On October 22, 2020 Plaintiff’s counsel’s office asked for a second extension of one day.
3 Attached at Exhibit C is a true and correct copy of the correspondence between myself and
4 Plaintiff’s counsel’s office dated October 22-23, 2020. I granted this extension. (Id.)
5
9. On October 23, 2020, Plaintiff served his discovery responses. Attached at Exhibit D is a
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true and correct copy of Plaintiff’s responses to Request for Production of Documents, Set One. No
7
verification form was provided.
8
10. As the responses were unverified, I sent Plaintiff’s counsel an email asking for Plaintiff’s
9
10 verification forms. Attached at Exhibit E is a true and correct copy of email correspondence between
11 myself and Plaintiff’s counsel’s office dated October 23, 2020. Plaintiff’s counsel’s office noted the
12 verification forms were out to their client. (Id.)
13
11. Attached at Exhibit F is a true and correct copy of Defendant’s meet and confer letter dated
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October 30, 2020.
15
12. On November 6, 2020, Plaintiff’s counsel’s office asked for an extension to November 13,
16
17 2020 to provide supplemental discovery responses. I agreed to this extension. Attached at Exhibit
18 G is a true and correct copy of correspondence between myself and Plaintiff’s counsel’s office dated
19 November 6, 2020.
20 13. On November 12, 2020, I emailed Plaintiff’s counsel’s office regarding Plaintiff’s
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verification forms. Attached at Exhibit H is a true and correct copy of my November 12, 2020 email.
22
14. No supplemental responses were received on November 13, 2020.
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15. On November 16, 2020 I emailed Plaintiff’s counsel’s office as no supplemental discovery
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25 responses were received. Attached at Exhibit I is a true and correct copy of my email dated
26 November 16, 2020.
27 16. On November 18, 2020 I emailed Plaintiff’s counsel’s office regarding Plaintiff’s
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supplemental discovery responses and verification forms. Attached at Exhibit J is a true and correct
-3-
DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS
1
2 copy of my November 18, 2020 email.
3 17. On November 23, 2020 I emailed Plaintiff’s counsel’s office again regarding Plaintiff’s
4 supplemental discovery responses. Attached at Exhibit K is a true and correct copy of my November
5
23, 2020 email.
6
18. On November 24, 2020, I again emailed Plaintiff’s counsel’s office regarding Plaintiff’s
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supplemental discovery responses. Plaintiff’s counsel’s office responded indicating we should
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receive responses that day. Attached at Exhibit L is a true and correct copy of correspondence
9
10 between myself and Plaintiff’s counsel’s office dated November 24, 2020.
11 19. Attached at Exhibit M is a true and correct copy of Plaintiff’s Supplemental Discovery
12 Responses to Request for Production of Documents, Set One. No verification form was provided.
13
20. On November 30, 2020 I emailed Plaintiff’s counsel’s office regarding Plaintiff’s
14
verification forms. Attached at Exhibit N is a true and correct copy of my November 30, 2020 email.
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21. Attached at Exhibit O is a true and correct copy of Defendant’s December 2, 2020 meet and
16
17 confer letter.
18 22. On December 14, 2020 and December 15, 2020 I emailed Plaintiff’s counsel’s office
19 regarding Defendant’s December 2, 2020 letter. Attached at Exhibit P is a true and correct copy of
20 my emails dated December 14, 2020 and December 15, 2020.
21
23. On December 21, 2020 I emailed Plaintiff’s counsel’s office regarding Plaintiff’s
22
verification forms. Attached at Exhibit Q is a true and correct copy of my December 21, 2020 email.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
24
25 true and correct. This declaration is executed on this 12TH day of January 2020, in Newport Beach,
26 California.
27 S/ Sarah C. Varisco __________________
Sarah Varisco, Declarant
28
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DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS
EXHIBIT A
1 LEE A. SHERMAN, Esq. (SBN 172198)
SARAH C. VARISCO, Esq. (SBN 320200)
2 CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP
3 2601 Main Street, Suite 800
Irvine, California 92614
4 Tel: (949) 261-2872
Fax: (949) 261-6060
5 Email: lsherman@ctsclaw.com
svarisco@ctsclaw.com
6
Attorneys for Defendants,
7 AMAZING WOK, XI FIN LIN
AND LISA LIN LIAO
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
12 RON EICHMAN, Case No.: 20-CIV-02474
13
DEFENDANT AMAZING WOK’S
14 Plaintiff, REQUESTS FOR PRODUCTION OF
DOCUMENTS, SET ONE TO PLAINTIFF
15 vs. RON EICHMAN
16 XI FIN LIN, LISA LIN LIAO, LIN LI, DA JUDGE: Hon. John "Jack" L. Grandsaert
QING ZHENG, AMAZING WOK; DOES 1 DEPARTMENT: 11
17 TO 20 COMPLAINT DATE: 6/15/2020
18 DISCOVERY CUT OFF: NONE
MOTION CUT OFF: NONE
19 Defendants. MSC DATE: NONE
TRIAL DATE: NONE
20
PROPOUNDING PARTY: Defendant AMAZING WOK
21
RESPONDING PARTY: Plaintiff RON EICHMAN
22
SET NUMBER: ONE
23
Pursuant to the Code of Civil Procedure section 2031.010 et seq., Defendant AMAZING
24
WOK (“Defendant”) requests that Plaintiff RON EICHMAN (“Plaintiff” or “Responding Party”)
25
produce under oath, for inspection, copying and photocopying, the following documents within
26
thirty (30) days after service of this Request.
27
//
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// -1-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 In answering these Requests, YOU are required to furnish all information that is available to
2 YOU, including information in the possession, custody, or control of YOUR attorneys, investigators,
3 or anyone employed by YOU or working on YOUR behalf.
4 DEFINITIONS
5 1. “YOU” and “YOUR” shall mean Plaintiff RON EICHMAN and will include his
6 attorneys, agents and those acting on his behalf.
7 2. “PERSON(S)” includes any natural person, firm, association, organization,
8 partnership, business, trust, corporation, governmental or public entity, or any other form of legal
9 entity.
10 3. “DOCUMENT” or “DOCUMENTS” shall mean all documents, electronically stored
11 information, and tangible things, including without limitation all writings (as defined in section 250
12 of the California Evidence Code) and all other means of recording information, whether written,
13 transcribed, taped, filmed, microfilmed, or in any other way produced, reproduced, or recorded, and
14 including but not limited to: originals, drafts, computer-sorted and computer-retrievable
15 information, copies and duplicates that are marked with any notation or annotation or otherwise
16 differ in any way from the original, correspondence, memoranda, reports, notes, minutes, contracts,
17 agreements, books, records, checks, vouchers, invoices, purchase orders, ledgers, diaries, logs,
18 calendars, computer printouts, computer disks, card files, lists of persons attending meetings or
19 conferences, sketches, diagrams, calculations, evaluations, analyses, directions, work papers, press
20 clippings, sworn or unsworn statements, requisitions, manuals or guidelines, audit work papers,
21 financial analyses, tables of organizations, charts, graphs, indices, advertisements and promotional
22 materials, audited and unaudited financial statements, trade letters, trade publications, newspapers
23 and newsletters, photographs, emails, electronic or mechanical records, facsimiles, telegram and
24 telecopies, and audiotapes. Each draft, annotated, or otherwise non-identical copy is a separate
25 DOCUMENT within the meaning of this term. DOCUMENTS shall also include any removable
26 stick notes, flags, or other attachments affixed to any of the foregoing, as well as the files, folder
27 tabs, and labels appended to or containing any documents. DOCUMENTS expressly include all
28 ELECTRONIC RECORDS.
-2-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 4. “ELECTRONIC RECORDS” shall mean the original (or identical duplicate when
2 the original is not available) and any non-identical copies (whether non-identical because of notes
3 made on copies or attached comments, annotations, marks, transmission notations, or highlighting
4 of any kind) of writings of every kind and description inscribed by mechanical, facsimile, electronic,
5 magnetic, digital, or other means. ELECTRONIC RECORDS includes, by way of example and not
6 by limitation, computer programs (whether private, commercial, or work-in-progress), programming
7 notes and instructions, activity listings of email transmittals and receipts, output resulting from the
8 use of any software program (including word processing documents, spreadsheets, database files,
9 charts, graphs and outlines), electronic mail, and any and all miscellaneous files and file fragments,
10 regardless of the media on which they reside and regardless of whether said ELECTRONIC
11 RECORDS exists in an active file, deleted file, or file fragment. ELECTRONIC RECORDS includes
12 without limitation any and all items stored on computer memories, hard disks, diskettes cartridges,
13 network drives, network memory storage, archived tapes and cartridges, backup tapes, floppy disks,
14 CD-ROMs, removable media, magnetic tapes of all types, microfiche, and any other media used for
15 digital data storage or transmittal. ELECTRONIC RECORDS also includes the file, folder tabs, and
16 containers and labels appended to or associated with each original and non-identical copy.
17 5. “COMMUNICATION(S)” means any oral, written, or electronic transmission of
18 information, including but not limited to meetings, discussions, conversations, telephone calls,
19 telegrams, memoranda, letters, telecopies, telexes, conferences, messages, notes, seminars, social
20 media postings, and direct messages.
21 6. “RELATING TO,” “RELATED TO” or “RELATE(S) TO” means constituting,
22 containing, concerning, embodying, reflecting, referencing, identifying, stating, mentioning,
23 discussing, describing, evidencing, or in any other way being relevant to that given subject matter.
24 7. “IDENTIFY” when used in reference to a document means provide the date, identity
25 of the author, type of document, summary of pertinent contents and Bates Number(s).
26 8. “IDENTIFY” when used in reference to a person, firm, or other entity requires that
27 you state for each person their name and last known residential or employment address and telephone
28 numbers (residential and business), and their status and affiliation with Responding Party at all times
-3-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 relevant hereto; for a firm or other entity, please state its name, last known address, telephone
2 number, and relationship with Responding Party.
3 9. “INCIDENT” means the accident, injury or other occurrence or breach of contract,
4 that occurred on or about August 19, 2018 at the SUBJECT PREMISES, as alleged in YOUR
5 COMPLAINT, and the circumstances and events surrounding that alleged incident.
6 10. “SUBJECT PREMISES” will mean the real property located at 1653 Laurel St., San
7 Carlos, CA 94070, where YOU allege that the INCIDENT occurred.
8 11. “COMPLAINT” will mean the operative complaint filed in case number 20-CIV-
9 02474.
10 REQUESTS FOR PRODUCTION
11 REQUEST FOR PRODUCTION NO. 1:
12 Any and all DOCUMENTS supporting YOUR contention that YOU have injured YOUR
13 health, strength and well-being as alleged in paragraph 17 of YOUR COMPLAINT, a true and
14 correct copy of which is attached hereto as Exhibit 1.
15 REQUEST FOR PRODUCTION NO. 1:
16 Any and all DOCUMENTS supporting YOUR contention that YOU sustained left knee pain
17 and a meniscus tear as alleged in paragraph 17 of YOUR COMPLAINT, a true and correct copy of
18 which is attached hereto as Exhibit 1.
19 REQUEST FOR PRODUCTION NO. 2:
20 Any and all DOCUMENTS supporting YOUR contention that YOU will continue to suffer
21 severe mental, physical and nervous pain and suffering as alleged in paragraph 17 of YOUR
22 COMPLAINT, a true and correct copy of which is attached hereto as Exhibit 1.
23 REQUEST FOR PRODUCTION NO. 3:
24 Any and all DOCUMENTS supporting YOUR contention that YOU will, for an indefinite
25 time in the future, suffer great pain, inconvenience, embarrassment, and mental anguish as alleged
26 in paragraph 18 of YOUR COMPLAINT, a true and correct copy of which is attached hereto as
27 Exhibit 1.
28 ///
-4-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 REQUEST FOR PRODUCTION NO. 4:
2 Any and all DOCUMENTS supporting YOUR contention that YOU will, for an indefinite
3 time in the future, be deprived on ordinary pleasures of life, loss of well-being, and equanimity as
4 alleged in paragraph 18 of YOUR COMPLAINT, a true and correct copy of which is attached hereto
5 as Exhibit 1.
6 REQUEST FOR PRODUCTION NO. 5:
7 Any and all DOCUMENTS supporting YOUR contention that YOU will, for an indefinite
8 time in the future, YOUR overall health, strength and vitality have been greatly impaired as alleged
9 in paragraph 18 of YOUR COMPLAINT, a true and correct copy of which is attached hereto as
10 Exhibit 1.
11 REQUEST FOR PRODUCTION NO. 6:
12 Any and all DOCUMENTS supporting YOUR contention that YOU have sustained medical
13 expenses as alleged in paragraphs 27 and 35 of YOUR COMPLAINT, a true and correct copy of
14 which is attached hereto as Exhibit 1.
15 REQUEST FOR PRODUCTION NO. 7:
16 Any and all DOCUMENTS supporting YOUR contention that YOU have sustained damages
17 in the form of pain and suffering as alleged in paragraphs 27 and 35 of YOUR COMPLAINT, a true
18 and correct copy of which is attached hereto as Exhibit 1.
19 REQUEST FOR PRODUCTION NO. 8:
20 Any and all DOCUMENTS supporting YOUR contention that YOU have sustained damages
21 in the form of loss of enjoyment of life as alleged in paragraphs 27 and 35 of YOUR COMPLAINT,
22 a true and correct copy of which is attached hereto as Exhibit 1.
23 REQUEST FOR PRODUCTION NO. 9:
24 Any and all DOCUMENTS supporting YOUR contention that YOU were required to employ
25 the services of hospitals, physicians, surgeons, nurses, and other medical professionals as a result of
26 the alleged INCIDENT as alleged in paragraph 34 of YOUR COMPLAINT, , a true and correct
27 copy of which is attached hereto as Exhibit 1.
28 ///
-5-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 REQUEST FOR PRODUCTION NO. 11:
2 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements
3 of any doctor, physical therapist, podiatrist, orthopedist or other medical practitioner who has
4 examined or treated YOU for injuries, complaints or ailments arising from the INCIDENT.
5 REQUEST FOR PRODUCTION NO. 12:
6 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements
7 of any doctor, physical therapist, podiatrist, orthopedist or other medical practitioner who has
8 examined or treated YOU for any similar injury for ten (10) years preceding the INCIDENT.
9 REQUEST FOR PRODUCTION NO. 13:
10 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements
11 from any hospital where YOU were treated or examined as a result of the INCIDENT.
12 REQUEST FOR PRODUCTION NO. 14:
13 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements
14 from any hospital where YOU were treated or examined for any similar injury within the past ten
15 (10) years preceding the incident or occurrence which gives rise to this lawsuit.
16 REQUEST FOR PRODUCTION NO. 15:
17 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements
18 of any doctor, therapist, psychologist or other medical practitioner who has examined or treated
19 YOU for mental injuries, complaints or ailments arising from the INCIDENT.
20 REQUEST FOR PRODUCTION NO. 16:
21 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements
22 of any doctor, therapist, psychologist or other medical practitioner who has examined or treated
23 YOU for emotional injuries, complaints or ailments arising from the INCIDENT.
24 REQUEST FOR PRODUCTION NO. 17:
25 All social media posts that refer or RELATE TO the INCIDENT or of the injuries YOU
26 allegedly suffered as a result of the INCIDENT.
27 REQUEST FOR PRODUCTION NO. 18:
28 Any and all DOCUMENTS which support YOUR contention that Propounding Party acted
-6-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 in a negligent manner in the INCIDENT.
2 REQUEST FOR PRODUCTION NO. 19:
3 Any and all lien notices, correspondence, medical payment/expense itemizations provided
4 to YOU and/or YOUR attorney by Medi-Cal for injuries that YOU allege to have sustained as a
5 result of the INCIDENT.
6 REQUEST FOR PRODUCTION NO. 20:
7 Any and all DOCUMENTS, correspondence, lien notices, medical payment/expense
8 itemizations provided to YOU by any health care insurer or provider for injuries and/or payment of
9 treatment for injuries that YOU allege to have sustained as a result of the INCIDENT.
10 REQUEST FOR PRODUCTION NO. 21:
11 All DOCUMENTS identified by YOU in YOUR responses to Form Interrogatories, Set One
12 propounded by Propounding Party.
13 REQUEST FOR PRODUCTION NO. 22:
14 All DOCUMENTS identified by YOU in YOUR responses to Special Interrogatories, Set
15 One propounded by Propounding Party.
16 REQUEST FOR PRODUCTION NO. 23:
17 All DOCUMENTS identified by YOU in YOUR responses to Request for Admissions, Set
18 One propounded by Propounding Party.
19 REQUEST FOR PRODUCTION NO. 24:
20 Any and all written and/or recorded statements that YOU have obtained from any of
21 PROPOUNDING PARTY’s employees and/or management personnel.
22 REQUEST FOR PRODUCTION NO. 25:
23 Any and all written statements and/or recorded that YOU have obtained from any witness to
24 the INCIDENT.
25 REQUEST FOR PRODUCTION NO. 26:
26 Any and all photographs taken of the general area of the INCIDENT.
27 REQUEST FOR PRODUCTION NO. 27:
28 Any and all photographs or video footage taken of the injuries YOU allegedly suffered as a
-7-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
1 result of the INCIDENT.
2 REQUEST FOR PRODUCTION NO. 28:
3 A copy of any health insurance card reflecting YOUR health insurance coverage as it existed
4 on the date of the INCIDENT.
5
6 DATED: August 26, 2020 CALLAHAN, THOMPSON, SHERMAN &
CAUDILL, LLP
7
8 By /s/ Sarah Varisco
LEE A. SHERMAN, ESQ.
9 SARAH C. VARISCO, ESQ.
Attorneys for Defendants,
10 AMAZING WOK, XI FIN LIN
AND LISA LIN LIAO
11
12
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27
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-8-
DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO
PLAINTIFF RON EICHMAN
EXHIBIT 1
Electronically
1 Christopher W. Goodroe, Esq. (224386)
Fl.LED
by Su penor Co.11t of Cahforn.a, Count)· of San Mateo
THE BARNES FIRM, L.C. ON 6/15/2020
2 555 12th Street, Suite 14 70 By._ -..L.!:/s""
/ =An;uth
.,,_.
· ,,._,
on~yfa...B
!!~e.,.._,
ri=ni,·__ _
Oakland, CA 94607 Deputy Clerk
3 Telephone: (800) 800-0000
Facsimile: (888) 800-7050
4 Email: chris.goodroe@thebarnesfirm.com
5 Attorney for Plaintiff
RON EICHMAN
6
7
8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO - UNLIMITED
10
RON EICHMAN, ~ Case No.: 20-CIV-02474
11
Plaintiff(s ), )
12
COMPLAINT FOR PERSONAL INJURIE
13 vs. AND DEMAND FOR JURY TRIAL
14
XI FIN LIN , LISA LIN LIAO, LIN LI, DA
15 QING ZHENG, AMAZING WOK; DOES 1
16 TO 20,
17 )
Defendant(s).
)
18 _ __ _ _ _ _ _ _ _)
19
COMES NOW Plaintiff, RON EICHMAN complains and alleges against
20
Defendants XI FIN LIN, LISA LIN LIAO, LIN LI, DA QING ZHENG, AMAZING WOK and
21
DOES 1 through 20, Inclusive as follows:
22
I.
23
PARTIES AND JURISDICTION
24
1. Plaintiff, RON EICHMAN was at all times herein a citizen of the United States of
25
America, and a resident of the State of California, County of San Mateo.
26
2. Plaintiff alleges on information and belief that, defendants, XI FIN LIN, LISA LIN
27
LIAO, LIN LI, DA QING ZHENG, at all relevant times was and now are residents of the
28
City and County of San Mateo, State of California.
1
COMPLAINT FOR PERSONAL INJURIES
1
2 3. Plaintiff is informed and believes that at all times herein mentioned, Defendants
3 AMAZING WOK was, and is, an unknown business entity doing business within the
4 state of California and in this judicial district as AMAZING WOK., and subject to
jurisdiction and venue within this judicial district.
5
4. Plaintiff is informed and believes, and thereon alleges that at all times herein
6
mentioned, Defendant AMAZING WOK had its principle place of business in San
7
Carlos, CA, including the location in California, located at 1653 Laurel St., San Carlos,
8
CA 94070 in San Mateo County.
9
5. Plaintiff is ignorant of the true names and capacities of the Defendants sued
10
herein as DOES 1 through 20 and therefore Plaintiff sues these Defendants by such
11
fictitious names. Plaintiff will amend the Complaint to allege their true names and
12
capacities when they become ascertained. Plaintiff is informed and believes that each
13
of the factiously named Defendants is responsible in some manner for the occurrences
14 herein alleged, and that Plaintiff's damages as herein alleged were legally caused by
15 such Defendants.
16 6. Plaintiff is informed and believes that all of the Defendants, including those sued
17 as DOES 1 through 20, were and are the agents, alter egos, partners, joint venturers,
18 co-conspirators , principals, shareholders, servants, employers, employees and the like
19 of their co-Defendants, and in doing the things hereinafter mentioned, were acting within
20 the course and scope of their authority as such agents, alter egos, partners, joint
21 venturers, co-conspirators, principals, shareholders, servants, employers, employees
22 and the like with the permission, ratification, or consent of their co-Defendants and thus
are legally liable for damages resulting from the acts or omissions of others.
23
7. Whenever and wherever reference is made in this Complaint to any conduct of
24
Defendants, or any of them, such allegations or references shall also be deemed to
25
mean the conduct of each Defendant, acting individually, jointly and severally.
26
8. Jurisdiction and venue are proper with this Court because the injuries sustained
27
by Plaintiff occurred in the State of California in San Mateo County, Plaintiff lives in
28
2
COMPLAINT FOR PERSONAL INJURIES
1 Redwood City, and the events forming this complaint occurred at defendants property
2 located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo County.
3 II.
4 GENERAL ALLEGATIONS
9. Plaintiff re-alleges and incorporates herein by reference each and every
5
allegation contained within paragraphs 1 through 8, inclusive, as though set forth at
6
length herein and made a part hereof.
7
10. On August 19, 2018, and prior and subsequent thereto, the Defendants owned,
8
possessed, controlled, maintained and managed a certain premise commonly described
9
as AMAZING WOK located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo
10
County.
11
11. That on the aforesaid date, August 19, 2018, the Plaintiff, RON EICHMAN was
12
on the property as a customer when he was preparing to sit and have dinner with his
13
family in the restaurant located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo
14
County.
15 12. Unbeknown to plaintiff, an employee had spilled two full glasses of liquid, and the
16 liquid remained on the tile floor of defendant's restaurant.
17 13. Defendant nor it's employees made any effort to warn plaintiff, or place signs up
18 alerting patrons of the liquid on the tile floor.
19 14. As Plaintiff, RON EICHMAN was walking toward his table, he slipped in a puddle
20 of clear liquid in the common area of the restaurant causing him to slip and fall down
21 due to a dangerous condition.
22 15. That it thereon became and was the duty of the Defendants XI FIN LIN, LISA LIN
23 LIAO, LIN LI, DA QING ZHENG and AMAZING WOK by and through its duly
authorized agents and servants, failed to exercise all due care and caution for the safet
24
of the Plaintiff and other members of the public on its premises, but the Defendants did
25
not regard its duty, or use due care on behalf of the Plaintiff, by and through its
26
authorized agents and servants in that behalf, and negligently and carelessly allowed
27
aforesaid premises unsafe to traverse by customers on its property.
28
3
COMPLAINT FOR PERSONAL INJURIES
1 16. That on the aforesaid date, August 19, 2018, the Defendants XI FIN LIN, LISA
2 LIN LIAO, LIN LI, DA QING ZHENG and AMAZING WOK, by and through its
3 authorized agents and employees, was then and there negligent in one or more of the
4 following respects:
a.) Carelessly and negligently failed to provide reasonably and safe premises
5
for persons in and around the floor;
6
b) Carelessly and negligently failed to maintain the aforesaid restaurant's tile
7
floor in question;
8
c) Carelessly and negligently permitted a slippery clear liquid to be present
9
on the floor in an area where customers traversed;
10
d) Carelessly and negligently failed to warn customers of the presence of the
11
slippery clear liquid on the tile floor;
12
e) Carelessly and negligently failed to clean the slippery clear liquid on the
13
floor after it knew or should have known that the water presented a danger to its
14
customers;
15
f) Carelessly and negligently failed to maintain the premises owned by the
16
Defendants in a good and safe condition for the Plaintiff and others;
17
g) Failing otherwise to comply with the applicable laws and regulations of the
18
State of California and the applicable Federal laws and regulations;
19
h) Carelessly and negligently failed to exercise the degree of care required
20
under the circumstances;
21 Failure to adequately staff the store area where plaintiff fell;
i)
22 j) In other manners expected to be discovered during the course of ongoing
23 investigation and discovery.
24 17. As a proximate result of the negligence and carelessness of the Defendants, and
25 each of them, Plaintiff was caused to be injured in his health, strength and well-being,
26 sustained left knee pain and a meniscus tear and person, all of which has caused
27 Plaintiff, and will continue to cause Plaintiff in the future, severe mental, physical and
28 nervous pain and suffering.
4
COMPLAINT FOR PERSONAL INJURIES
1 18. Plaintiff has, and will for an indefinite time in the future suffer great pain,
2 inconvenience, embarrassment, and mental anguish. Plaintiff has and will for an
3 indefinite time in the future be deprived of ordinary pleasures of life, loss of well-being,
4 and equanimity, and her overall health, strength, and vitality has been greatly impaired ,
without any negligence of the Plaintiff contributing thereto.
5
FIRST CAUSE OF ACTION
6
(Premises Liability)
7
19. Plaintiff re-alleges and incorporates herein by reference each and every
8
allegation contained within paragraphs 1 through 18, inclusive, as though set forth at
9
length herein and made a part hereof.
10
20. On or about August 19, 2018, Plaintiff RON EICHMAN was lawfully on the
11
Defendants' premises located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo
12
County as a customer.
13
21. Plaintiff, while lawfully walking on the premises to find his seat, slipped and fell to
14
the ground as a result of a clear slippery liquid present on the tile floor, and was injured
15 by the dangerous pre-existing condition on the premises, and by the Defendants' failure
16 to properly and regularly maintain said floor area.
17 22. Defendants had direct knowledge of the dangerous condition and failed to repair
18 the dangerous condition.
19 23. Defendants had a non-delegable duty to supervise and maintain said premises in
20 a reasonably safe and suitable condition for its tenants, guests and invitees; and further
21 to take any and all reasonable precautions to avoid the presence of dangerous and/or
22 artificial conditions on or around said premises, particularly the common floor areas
23 customers were known to use.
24. Defendants employed maintenance personnel, management, subcontractors,
24
and other supervisory/security personnel for the purpose of supervising employees,
25
patrons, guests and invitees and maintaining said property, and the surrounding areas,
26
in a reasonably safe and suitable condition all of which property is under said
27
Defendants' exclusive authority and control.
28
5
COMPLAINT FOR PERSONAL INJURIES
1 25. Defendants, despite having actual notice or constructive notice that a dangerous
2 condition existed on their premises, and /or its agent(s) or a third party, as the case may
3 be, over which said Defendants had control and authority, failed to enact proper
4 safeguards and maintenance, and further failed to warn of said dangerous condition
resulting in serious bodily injury to Plaintiff, all in breach of Defendants' duty of due care
5
herein.
6
26. In addition to their direct liability, Defendants, and each of them, were and are
7
vicariously liable for the acts and omissions of any staff, agents, apparent agents,
8
servants, contractors, employees or consultants, independent contractors, or singular
9
persons or entities, whether in house or outside, which in any manner caused or
10
contributed to Plaintiff' s irreparable harm and damage.
11
27. As a direct and proximate result of said negligence and/or reckless conduct
12
herein, as the case may be, Plaintiff, an able-bodied male before the accident, has
13
sustained damages in the form of medical expenses, pain and suffering, enjoyment of
14 life and related damages.
15 SECOND CAUSE OF ACTION
16 (Negligent Hiring, Supervision, Failure to Warn)
17 28. Plaintiff re-alleges and incorporates herein by reference each and every
18 allegation contained within paragraphs 1 through 27, inclusive, as though set forth at
19 length herein and made a part hereof.
20 29. While on said premises, Defendants, and each of them, had a duty to supervise
21 and maintain their premises and/or perform improvements, and/or clean up the area in a
22 reasonably safe and suitable condition for their patrons, guests and invitees; and further
23 to take any and all reasonable precautions to avoid the presence of dangerous and/or
artificial conditions on or around said premises as described herein.
24
30. Defendants employed janitorial and maintenance personnel, as well as
25
management and other supervisory personnel for the purpose of supervising
26
employees, patrons, guests and invitees and maintaining said property in a reasonably
27
safe and suitable condition.
28
6
COMPLAINT FOR PERSONAL INJURIES
1 31. Defendants' failure to warn of a known dangerous condition, or to discover
2 through exercise of reasonable diligence under the circumstances that which could
3 have been discovered, and further failure to hire and adequately train and supervise
4 suitable and fit employees and/or agents to regularly maintain said property in a safe
and suitable manner has directly and proximately resulted in Plaintiff's damages in an
5
amount subject to proof at trial.
6
THIRD CAUSE OF ACTION
7
(Negligence)
8
30. Plaintiff re-alleges and incorporates herein by reference each and every
9
allegation contained within paragraphs 1 through 31, inclusive as though set forth at
10
length herein and made a part of hereof.
11
31. At said time and place, Defendants, and each of them, negligently, carelessly,
12
recklessly and unlawfully maintained the premises and failed to take reasonable steps
13
to maintain, prevent, and warn or to correct a dangerous condition on the premises to
14
make it safe for plaintiff and for other persons coming onto the premises.
15
32. At the aforementioned time and place, plaintiff came upon said premises, and as
16
a direct and proximate result of the aforementioned negligence, carelessness,
17
recklessness and unlawfulness of defendants, and each of them, plaintiff was caused to
18
fall while on said premises.
19 33. As a direct and proximate result of the negligence, carelessness, recklessness,
20 wantonness, and unlawfulness of defendants, and each of them, and the resulting fall,
21 as aforesaid, plaintiff sustained significant injury to his person requiring medical
22 intervention, all of which caused plaintiff damage within the jurisdiction of the court, to
23 be determined according to proof.
24 34. By reason of the foregoing, this plaintiff has been required to employ the services
25 of hospitals, physicians, surgeons, nurses, and other medical professional services and
26 plaintiff has been compelled to incur expenses for said services in an amount to be
27 determined according to proof.
28
7
COMPLAINT FOR PERSONAL INJURIES
1 35. That as a direct, legal and proximate result of the aforesaid negligence of
2 defendants, and each of them, plaintiff has sustained damages including medical
3 expenses, pain and suffering, the loss of enjoyment of life, and related damages.
4 PRAYER
5 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of
6 them, as follows:
7 1. For general damages in an amount to be ascertained;
8
2. For medical and incidental expenses, according to proof;
3. For costs of suit incurred herein;
9
4. For prejudgment interest according to proof; and
10
5. For such other and further relief as the court deems just and proper.
11
12
Dated: June 15, 2020
13
14
Christop . Goodroe
15
Attorney r Plaintiff
16 RON El MAN
17
18 DEMAND FOR JURY TRIAL
19
Plaintiff, RON EICHMAN, hereby demands a trial by jury on all claims for relief.
20
21
Dated: June 15, 2020 THE BARNES FIRM
22
23
24 er W. Goodroe
s for Plaintiff
25 ICHMAN
26
27
28
8
COMPLAINT FOR PERSONAL INJURIES
PROOF OF SERVICE
1
STATE OF CALIFORNIA )
2 )
COUNTY OF ORANGE )
3
I am employed in the County of Orange, State of California, I am over the age of 18 years and not
4 a party to the within action; my business address is 2601 Main Street, Suite 800, Irvine, California.
5 On this date, August 26, 2020, I served the foregoing document described as:
6 DEFENDANT AMAZING WOK REQUESTS FOR PRODUCTION OF DOCUMENT, SET
ONE TO PLAINTIFF RON EICHMAN
7
I enclosed a true copy of said documents in a sealed envelope or package addressed to the persons
8 noted below.
9 X (By electronic service) Based on a court order or an agreement of the parties to accept
service by electronic transmission, I caused the documents to be sent to the persons at the electronic
10 notification addresses listed below.
11 Executed on August 26, 2020, at Irvine, California.
12 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct. I further declare that I am employed in the office of a member of the bar of this court
13 at whose direction the service was made.
14 /s/ Nikki Trumbo
NIKKI TRUMBO
15
SERVICE LIST
16
Case Name : Eichman v. Lin
17 Court : San Mateo
Case Number : 20-CIV-02474
18
Christopher W. Goodroe, Esq. Attorney for Plaintiff,
19 The Barnes Firms, lc RON EICHMAN
555 12th Street Suite 1470
20 Oakland, CA 94607
Phone: 800-800-0000
21 Fax: 888-800-7050
Email: chris.goodroe@thebarnesfirm.com
22
David A. Harris, Attorney Attorney for Plaintiff,
23 Law Offices of Santana & Vierra Lin Li, Da Qing Zheng
Employees of Liberty Mutual Group, Inc.
24 255 California Street, Suite 900
San Francisco, CA 94111
25 Phone: (628) 220-6050
Email: David.Harris01@LibertyMutual.com
26
27
28
-1-
EXHIBIT B
From: Sarah C. Varisco
To: Kimberly Harding
Cc: Chris Goodroe; Lee A. Sherman; Nikki Trumbo; Lizbeth J. Vergara
Subject: Re: 19-01754-CA Eichman,Ron v. Amazing Wok: Eichman v. Amazing Wok Discovery Responses
Date: Tuesday, October 06, 2020 1:58:33 PM
Attachments: image001.png
image002.png
image003.png
Thank you for the confirmation. We will look at our calendar and get back to you shortly.
Best,
Sarah
Sent from my iPhone
On Oct 6, 2020, at 13:53, Kimberly Harding
wrote:
Confirmed for the discovery. I am looking at our calendar now, we
may have to move the deposition into early December. Do you have
any dates that do not work for your office.
From: Sarah C. Varisco
Sent: Monday, October 5, 2020 1:25 PM
To: Chris Goodroe ; Kimberly Harding
Cc: Lee A. Sherman ; Nikki Trumbo
; Lizbeth J. Vergara
Subject: RE: Eichman v. Amazing Wok Discovery Responses
Preview
1 LEE A. SHERMAN, Esq. (SBN 172198) SARAH C. VARISCO, Esq. (SBN 320200) 2 CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP 3 2601 Main Street, Suite 800 Irvine, California 92614 4 Tel: (949) 261-2872 Fax: (949) 261-6060 5 Email: lsherman@ctsclaw.com svarisco@ctsclaw.com 1/12/2021 6 Attorneys for Defendant, 7 XI FIN LIN, LISA LIN LIAO, LIN LI, DA QING ZHENG, & 8 AMAZING WOK 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 RON EICHMAN Case No.: 20-CIV-02474 13 JUDGE: Hon. Nancy L. Fineman DEPARTMENT: 4 14 Plaintiff, COMPLAINT DATE: 6/15/2020 15 vs. DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S 16 XI FIN LIN, LISA LIN LIAO, LIN LI, DA MOTION TO COMPEL RESPONSES TO QING ZHENG, AMAZING WOK; DOES 1 DEFENDANT’S REQUEST FOR 17 TO 20 PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS 18 IN THE AMOUNT OF $2,030.00 19 Defendant. March 9, 2021 Date: February 16, 2021 20 Time: 8:30 a.m.2:00 pm Dept.: 4 21 [Filed concurrently with the Motion to 22 Compel Responses and [Proposed] Order] 23 DISCOVERY CUT OFF: NONE MOTION CUT OFF: NONE 24 MSC DATE: NONE TRIAL DATE: NONE 25 26 27 28 -1- DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS 1 DECLARATION OF SARAH C. VARISCO 2 I, Sarah C. Varisco, hereby declare as follows: 3 1. I am an attorney duly licensed to practice law in the State of California and I am an associate 4 attorney with Callahan, Thompson, Sherman & Caudill, LLP, counsel for Defendant Amazing Wok 5 6 (hereinafter “Defendant”) in this matter. I have personal knowledge of the matters set forth herein 7 and could competently testify to such matters if ordered to do so. 8 2. As a result of having to bring this motion to compel, I spent 1.3 hours drafting this motion 9 and all accompanying documents. 10 3. My billing rate for cases of this nature is $350.00 an hour. 11 4. I estimate I will spend an additional 2.5 hours reviewing any opposition papers and drafting 12 a reply, 1.0 hours for preparing for the hearing on this individual motion and an additional 1.0 hours 13 14 for attending the hearing on this individual motion. Thus, the total estimated amount of attorneys’ 15 fees and costs spent on this motion and Defendant’s sanctions request is $2,030.00. 16 5. My office served Request for Production of Documents, Set One upon Plaintiff on August 17 26, 2020. Attached at Exhibit A is a true and correct copy of the Proof of Service for Request for 18 Production of Documents, Set One. Responses were therefore due on September 29, 2020. 19 6. On October 1, 2020 I emailed Plaintiff Ron Eichman’s (hereinafter “Plaintiff”) counsel 20 inquiring as to Plaintiff’s discovery responses that were past due. Attached at Exhibit B is a true 21 22 and correct copy of my October 1, 2020 email to Plaintiff’s counsel. 23 7. It is my understanding Plaintiff’s counsel’s office reached out to my office and asked for a 24 three-week extension to respond to discovery. I therefore followed up regarding the three-week 25 extension in an email. (See Exhibit B.) Plaintiff’s counsel’s office confirmed the three-week 26 extension and waiver of objections on October 6, 2020. (Id.) Thus, responses were due on October 27 22, 2020. (Id.) 28 -2- DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS 1 2 8. On October 22, 2020 Plaintiff’s counsel’s office asked for a second extension of one day. 3 Attached at Exhibit C is a true and correct copy of the correspondence between myself and 4 Plaintiff’s counsel’s office dated October 22-23, 2020. I granted this extension. (Id.) 5 9. On October 23, 2020, Plaintiff served his discovery responses. Attached at Exhibit D is a 6 true and correct copy of Plaintiff’s responses to Request for Production of Documents, Set One. No 7 verification form was provided. 8 10. As the responses were unverified, I sent Plaintiff’s counsel an email asking for Plaintiff’s 9 10 verification forms. Attached at Exhibit E is a true and correct copy of email correspondence between 11 myself and Plaintiff’s counsel’s office dated October 23, 2020. Plaintiff’s counsel’s office noted the 12 verification forms were out to their client. (Id.) 13 11. Attached at Exhibit F is a true and correct copy of Defendant’s meet and confer letter dated 14 October 30, 2020. 15 12. On November 6, 2020, Plaintiff’s counsel’s office asked for an extension to November 13, 16 17 2020 to provide supplemental discovery responses. I agreed to this extension. Attached at Exhibit 18 G is a true and correct copy of correspondence between myself and Plaintiff’s counsel’s office dated 19 November 6, 2020. 20 13. On November 12, 2020, I emailed Plaintiff’s counsel’s office regarding Plaintiff’s 21 verification forms. Attached at Exhibit H is a true and correct copy of my November 12, 2020 email. 22 14. No supplemental responses were received on November 13, 2020. 23 15. On November 16, 2020 I emailed Plaintiff’s counsel’s office as no supplemental discovery 24 25 responses were received. Attached at Exhibit I is a true and correct copy of my email dated 26 November 16, 2020. 27 16. On November 18, 2020 I emailed Plaintiff’s counsel’s office regarding Plaintiff’s 28 supplemental discovery responses and verification forms. Attached at Exhibit J is a true and correct -3- DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS 1 2 copy of my November 18, 2020 email. 3 17. On November 23, 2020 I emailed Plaintiff’s counsel’s office again regarding Plaintiff’s 4 supplemental discovery responses. Attached at Exhibit K is a true and correct copy of my November 5 23, 2020 email. 6 18. On November 24, 2020, I again emailed Plaintiff’s counsel’s office regarding Plaintiff’s 7 supplemental discovery responses. Plaintiff’s counsel’s office responded indicating we should 8 receive responses that day. Attached at Exhibit L is a true and correct copy of correspondence 9 10 between myself and Plaintiff’s counsel’s office dated November 24, 2020. 11 19. Attached at Exhibit M is a true and correct copy of Plaintiff’s Supplemental Discovery 12 Responses to Request for Production of Documents, Set One. No verification form was provided. 13 20. On November 30, 2020 I emailed Plaintiff’s counsel’s office regarding Plaintiff’s 14 verification forms. Attached at Exhibit N is a true and correct copy of my November 30, 2020 email. 15 21. Attached at Exhibit O is a true and correct copy of Defendant’s December 2, 2020 meet and 16 17 confer letter. 18 22. On December 14, 2020 and December 15, 2020 I emailed Plaintiff’s counsel’s office 19 regarding Defendant’s December 2, 2020 letter. Attached at Exhibit P is a true and correct copy of 20 my emails dated December 14, 2020 and December 15, 2020. 21 23. On December 21, 2020 I emailed Plaintiff’s counsel’s office regarding Plaintiff’s 22 verification forms. Attached at Exhibit Q is a true and correct copy of my December 21, 2020 email. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is 24 25 true and correct. This declaration is executed on this 12TH day of January 2020, in Newport Beach, 26 California. 27 S/ Sarah C. Varisco __________________ Sarah Varisco, Declarant 28 -4- DECLARATION OF SARAH C. VARISCO IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS EXHIBIT A 1 LEE A. SHERMAN, Esq. (SBN 172198) SARAH C. VARISCO, Esq. (SBN 320200) 2 CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP 3 2601 Main Street, Suite 800 Irvine, California 92614 4 Tel: (949) 261-2872 Fax: (949) 261-6060 5 Email: lsherman@ctsclaw.com svarisco@ctsclaw.com 6 Attorneys for Defendants, 7 AMAZING WOK, XI FIN LIN AND LISA LIN LIAO 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 RON EICHMAN, Case No.: 20-CIV-02474 13 DEFENDANT AMAZING WOK’S 14 Plaintiff, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE TO PLAINTIFF 15 vs. RON EICHMAN 16 XI FIN LIN, LISA LIN LIAO, LIN LI, DA JUDGE: Hon. John "Jack" L. Grandsaert QING ZHENG, AMAZING WOK; DOES 1 DEPARTMENT: 11 17 TO 20 COMPLAINT DATE: 6/15/2020 18 DISCOVERY CUT OFF: NONE MOTION CUT OFF: NONE 19 Defendants. MSC DATE: NONE TRIAL DATE: NONE 20 PROPOUNDING PARTY: Defendant AMAZING WOK 21 RESPONDING PARTY: Plaintiff RON EICHMAN 22 SET NUMBER: ONE 23 Pursuant to the Code of Civil Procedure section 2031.010 et seq., Defendant AMAZING 24 WOK (“Defendant”) requests that Plaintiff RON EICHMAN (“Plaintiff” or “Responding Party”) 25 produce under oath, for inspection, copying and photocopying, the following documents within 26 thirty (30) days after service of this Request. 27 // 28 // -1- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 In answering these Requests, YOU are required to furnish all information that is available to 2 YOU, including information in the possession, custody, or control of YOUR attorneys, investigators, 3 or anyone employed by YOU or working on YOUR behalf. 4 DEFINITIONS 5 1. “YOU” and “YOUR” shall mean Plaintiff RON EICHMAN and will include his 6 attorneys, agents and those acting on his behalf. 7 2. “PERSON(S)” includes any natural person, firm, association, organization, 8 partnership, business, trust, corporation, governmental or public entity, or any other form of legal 9 entity. 10 3. “DOCUMENT” or “DOCUMENTS” shall mean all documents, electronically stored 11 information, and tangible things, including without limitation all writings (as defined in section 250 12 of the California Evidence Code) and all other means of recording information, whether written, 13 transcribed, taped, filmed, microfilmed, or in any other way produced, reproduced, or recorded, and 14 including but not limited to: originals, drafts, computer-sorted and computer-retrievable 15 information, copies and duplicates that are marked with any notation or annotation or otherwise 16 differ in any way from the original, correspondence, memoranda, reports, notes, minutes, contracts, 17 agreements, books, records, checks, vouchers, invoices, purchase orders, ledgers, diaries, logs, 18 calendars, computer printouts, computer disks, card files, lists of persons attending meetings or 19 conferences, sketches, diagrams, calculations, evaluations, analyses, directions, work papers, press 20 clippings, sworn or unsworn statements, requisitions, manuals or guidelines, audit work papers, 21 financial analyses, tables of organizations, charts, graphs, indices, advertisements and promotional 22 materials, audited and unaudited financial statements, trade letters, trade publications, newspapers 23 and newsletters, photographs, emails, electronic or mechanical records, facsimiles, telegram and 24 telecopies, and audiotapes. Each draft, annotated, or otherwise non-identical copy is a separate 25 DOCUMENT within the meaning of this term. DOCUMENTS shall also include any removable 26 stick notes, flags, or other attachments affixed to any of the foregoing, as well as the files, folder 27 tabs, and labels appended to or containing any documents. DOCUMENTS expressly include all 28 ELECTRONIC RECORDS. -2- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 4. “ELECTRONIC RECORDS” shall mean the original (or identical duplicate when 2 the original is not available) and any non-identical copies (whether non-identical because of notes 3 made on copies or attached comments, annotations, marks, transmission notations, or highlighting 4 of any kind) of writings of every kind and description inscribed by mechanical, facsimile, electronic, 5 magnetic, digital, or other means. ELECTRONIC RECORDS includes, by way of example and not 6 by limitation, computer programs (whether private, commercial, or work-in-progress), programming 7 notes and instructions, activity listings of email transmittals and receipts, output resulting from the 8 use of any software program (including word processing documents, spreadsheets, database files, 9 charts, graphs and outlines), electronic mail, and any and all miscellaneous files and file fragments, 10 regardless of the media on which they reside and regardless of whether said ELECTRONIC 11 RECORDS exists in an active file, deleted file, or file fragment. ELECTRONIC RECORDS includes 12 without limitation any and all items stored on computer memories, hard disks, diskettes cartridges, 13 network drives, network memory storage, archived tapes and cartridges, backup tapes, floppy disks, 14 CD-ROMs, removable media, magnetic tapes of all types, microfiche, and any other media used for 15 digital data storage or transmittal. ELECTRONIC RECORDS also includes the file, folder tabs, and 16 containers and labels appended to or associated with each original and non-identical copy. 17 5. “COMMUNICATION(S)” means any oral, written, or electronic transmission of 18 information, including but not limited to meetings, discussions, conversations, telephone calls, 19 telegrams, memoranda, letters, telecopies, telexes, conferences, messages, notes, seminars, social 20 media postings, and direct messages. 21 6. “RELATING TO,” “RELATED TO” or “RELATE(S) TO” means constituting, 22 containing, concerning, embodying, reflecting, referencing, identifying, stating, mentioning, 23 discussing, describing, evidencing, or in any other way being relevant to that given subject matter. 24 7. “IDENTIFY” when used in reference to a document means provide the date, identity 25 of the author, type of document, summary of pertinent contents and Bates Number(s). 26 8. “IDENTIFY” when used in reference to a person, firm, or other entity requires that 27 you state for each person their name and last known residential or employment address and telephone 28 numbers (residential and business), and their status and affiliation with Responding Party at all times -3- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 relevant hereto; for a firm or other entity, please state its name, last known address, telephone 2 number, and relationship with Responding Party. 3 9. “INCIDENT” means the accident, injury or other occurrence or breach of contract, 4 that occurred on or about August 19, 2018 at the SUBJECT PREMISES, as alleged in YOUR 5 COMPLAINT, and the circumstances and events surrounding that alleged incident. 6 10. “SUBJECT PREMISES” will mean the real property located at 1653 Laurel St., San 7 Carlos, CA 94070, where YOU allege that the INCIDENT occurred. 8 11. “COMPLAINT” will mean the operative complaint filed in case number 20-CIV- 9 02474. 10 REQUESTS FOR PRODUCTION 11 REQUEST FOR PRODUCTION NO. 1: 12 Any and all DOCUMENTS supporting YOUR contention that YOU have injured YOUR 13 health, strength and well-being as alleged in paragraph 17 of YOUR COMPLAINT, a true and 14 correct copy of which is attached hereto as Exhibit 1. 15 REQUEST FOR PRODUCTION NO. 1: 16 Any and all DOCUMENTS supporting YOUR contention that YOU sustained left knee pain 17 and a meniscus tear as alleged in paragraph 17 of YOUR COMPLAINT, a true and correct copy of 18 which is attached hereto as Exhibit 1. 19 REQUEST FOR PRODUCTION NO. 2: 20 Any and all DOCUMENTS supporting YOUR contention that YOU will continue to suffer 21 severe mental, physical and nervous pain and suffering as alleged in paragraph 17 of YOUR 22 COMPLAINT, a true and correct copy of which is attached hereto as Exhibit 1. 23 REQUEST FOR PRODUCTION NO. 3: 24 Any and all DOCUMENTS supporting YOUR contention that YOU will, for an indefinite 25 time in the future, suffer great pain, inconvenience, embarrassment, and mental anguish as alleged 26 in paragraph 18 of YOUR COMPLAINT, a true and correct copy of which is attached hereto as 27 Exhibit 1. 28 /// -4- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 REQUEST FOR PRODUCTION NO. 4: 2 Any and all DOCUMENTS supporting YOUR contention that YOU will, for an indefinite 3 time in the future, be deprived on ordinary pleasures of life, loss of well-being, and equanimity as 4 alleged in paragraph 18 of YOUR COMPLAINT, a true and correct copy of which is attached hereto 5 as Exhibit 1. 6 REQUEST FOR PRODUCTION NO. 5: 7 Any and all DOCUMENTS supporting YOUR contention that YOU will, for an indefinite 8 time in the future, YOUR overall health, strength and vitality have been greatly impaired as alleged 9 in paragraph 18 of YOUR COMPLAINT, a true and correct copy of which is attached hereto as 10 Exhibit 1. 11 REQUEST FOR PRODUCTION NO. 6: 12 Any and all DOCUMENTS supporting YOUR contention that YOU have sustained medical 13 expenses as alleged in paragraphs 27 and 35 of YOUR COMPLAINT, a true and correct copy of 14 which is attached hereto as Exhibit 1. 15 REQUEST FOR PRODUCTION NO. 7: 16 Any and all DOCUMENTS supporting YOUR contention that YOU have sustained damages 17 in the form of pain and suffering as alleged in paragraphs 27 and 35 of YOUR COMPLAINT, a true 18 and correct copy of which is attached hereto as Exhibit 1. 19 REQUEST FOR PRODUCTION NO. 8: 20 Any and all DOCUMENTS supporting YOUR contention that YOU have sustained damages 21 in the form of loss of enjoyment of life as alleged in paragraphs 27 and 35 of YOUR COMPLAINT, 22 a true and correct copy of which is attached hereto as Exhibit 1. 23 REQUEST FOR PRODUCTION NO. 9: 24 Any and all DOCUMENTS supporting YOUR contention that YOU were required to employ 25 the services of hospitals, physicians, surgeons, nurses, and other medical professionals as a result of 26 the alleged INCIDENT as alleged in paragraph 34 of YOUR COMPLAINT, , a true and correct 27 copy of which is attached hereto as Exhibit 1. 28 /// -5- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 REQUEST FOR PRODUCTION NO. 11: 2 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements 3 of any doctor, physical therapist, podiatrist, orthopedist or other medical practitioner who has 4 examined or treated YOU for injuries, complaints or ailments arising from the INCIDENT. 5 REQUEST FOR PRODUCTION NO. 12: 6 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements 7 of any doctor, physical therapist, podiatrist, orthopedist or other medical practitioner who has 8 examined or treated YOU for any similar injury for ten (10) years preceding the INCIDENT. 9 REQUEST FOR PRODUCTION NO. 13: 10 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements 11 from any hospital where YOU were treated or examined as a result of the INCIDENT. 12 REQUEST FOR PRODUCTION NO. 14: 13 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements 14 from any hospital where YOU were treated or examined for any similar injury within the past ten 15 (10) years preceding the incident or occurrence which gives rise to this lawsuit. 16 REQUEST FOR PRODUCTION NO. 15: 17 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements 18 of any doctor, therapist, psychologist or other medical practitioner who has examined or treated 19 YOU for mental injuries, complaints or ailments arising from the INCIDENT. 20 REQUEST FOR PRODUCTION NO. 16: 21 Any and all records, bills, chart notes, progress notes, reports, x-rays, MRIs and statements 22 of any doctor, therapist, psychologist or other medical practitioner who has examined or treated 23 YOU for emotional injuries, complaints or ailments arising from the INCIDENT. 24 REQUEST FOR PRODUCTION NO. 17: 25 All social media posts that refer or RELATE TO the INCIDENT or of the injuries YOU 26 allegedly suffered as a result of the INCIDENT. 27 REQUEST FOR PRODUCTION NO. 18: 28 Any and all DOCUMENTS which support YOUR contention that Propounding Party acted -6- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 in a negligent manner in the INCIDENT. 2 REQUEST FOR PRODUCTION NO. 19: 3 Any and all lien notices, correspondence, medical payment/expense itemizations provided 4 to YOU and/or YOUR attorney by Medi-Cal for injuries that YOU allege to have sustained as a 5 result of the INCIDENT. 6 REQUEST FOR PRODUCTION NO. 20: 7 Any and all DOCUMENTS, correspondence, lien notices, medical payment/expense 8 itemizations provided to YOU by any health care insurer or provider for injuries and/or payment of 9 treatment for injuries that YOU allege to have sustained as a result of the INCIDENT. 10 REQUEST FOR PRODUCTION NO. 21: 11 All DOCUMENTS identified by YOU in YOUR responses to Form Interrogatories, Set One 12 propounded by Propounding Party. 13 REQUEST FOR PRODUCTION NO. 22: 14 All DOCUMENTS identified by YOU in YOUR responses to Special Interrogatories, Set 15 One propounded by Propounding Party. 16 REQUEST FOR PRODUCTION NO. 23: 17 All DOCUMENTS identified by YOU in YOUR responses to Request for Admissions, Set 18 One propounded by Propounding Party. 19 REQUEST FOR PRODUCTION NO. 24: 20 Any and all written and/or recorded statements that YOU have obtained from any of 21 PROPOUNDING PARTY’s employees and/or management personnel. 22 REQUEST FOR PRODUCTION NO. 25: 23 Any and all written statements and/or recorded that YOU have obtained from any witness to 24 the INCIDENT. 25 REQUEST FOR PRODUCTION NO. 26: 26 Any and all photographs taken of the general area of the INCIDENT. 27 REQUEST FOR PRODUCTION NO. 27: 28 Any and all photographs or video footage taken of the injuries YOU allegedly suffered as a -7- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN 1 result of the INCIDENT. 2 REQUEST FOR PRODUCTION NO. 28: 3 A copy of any health insurance card reflecting YOUR health insurance coverage as it existed 4 on the date of the INCIDENT. 5 6 DATED: August 26, 2020 CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP 7 8 By /s/ Sarah Varisco LEE A. SHERMAN, ESQ. 9 SARAH C. VARISCO, ESQ. Attorneys for Defendants, 10 AMAZING WOK, XI FIN LIN AND LISA LIN LIAO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- DEFENDANT AMAZING WOK’S REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE, TO PLAINTIFF RON EICHMAN EXHIBIT 1 Electronically 1 Christopher W. Goodroe, Esq. (224386) Fl.LED by Su penor Co.11t of Cahforn.a, Count)· of San Mateo THE BARNES FIRM, L.C. ON 6/15/2020 2 555 12th Street, Suite 14 70 By._ -..L.!:/s"" / =An;uth .,,_. · ,,._, on~yfa...B !!~e.,.._, ri=ni,·__ _ Oakland, CA 94607 Deputy Clerk 3 Telephone: (800) 800-0000 Facsimile: (888) 800-7050 4 Email: chris.goodroe@thebarnesfirm.com 5 Attorney for Plaintiff RON EICHMAN 6 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO - UNLIMITED 10 RON EICHMAN, ~ Case No.: 20-CIV-02474 11 Plaintiff(s ), ) 12 COMPLAINT FOR PERSONAL INJURIE 13 vs. AND DEMAND FOR JURY TRIAL 14 XI FIN LIN , LISA LIN LIAO, LIN LI, DA 15 QING ZHENG, AMAZING WOK; DOES 1 16 TO 20, 17 ) Defendant(s). ) 18 _ __ _ _ _ _ _ _ _) 19 COMES NOW Plaintiff, RON EICHMAN complains and alleges against 20 Defendants XI FIN LIN, LISA LIN LIAO, LIN LI, DA QING ZHENG, AMAZING WOK and 21 DOES 1 through 20, Inclusive as follows: 22 I. 23 PARTIES AND JURISDICTION 24 1. Plaintiff, RON EICHMAN was at all times herein a citizen of the United States of 25 America, and a resident of the State of California, County of San Mateo. 26 2. Plaintiff alleges on information and belief that, defendants, XI FIN LIN, LISA LIN 27 LIAO, LIN LI, DA QING ZHENG, at all relevant times was and now are residents of the 28 City and County of San Mateo, State of California. 1 COMPLAINT FOR PERSONAL INJURIES 1 2 3. Plaintiff is informed and believes that at all times herein mentioned, Defendants 3 AMAZING WOK was, and is, an unknown business entity doing business within the 4 state of California and in this judicial district as AMAZING WOK., and subject to jurisdiction and venue within this judicial district. 5 4. Plaintiff is informed and believes, and thereon alleges that at all times herein 6 mentioned, Defendant AMAZING WOK had its principle place of business in San 7 Carlos, CA, including the location in California, located at 1653 Laurel St., San Carlos, 8 CA 94070 in San Mateo County. 9 5. Plaintiff is ignorant of the true names and capacities of the Defendants sued 10 herein as DOES 1 through 20 and therefore Plaintiff sues these Defendants by such 11 fictitious names. Plaintiff will amend the Complaint to allege their true names and 12 capacities when they become ascertained. Plaintiff is informed and believes that each 13 of the factiously named Defendants is responsible in some manner for the occurrences 14 herein alleged, and that Plaintiff's damages as herein alleged were legally caused by 15 such Defendants. 16 6. Plaintiff is informed and believes that all of the Defendants, including those sued 17 as DOES 1 through 20, were and are the agents, alter egos, partners, joint venturers, 18 co-conspirators , principals, shareholders, servants, employers, employees and the like 19 of their co-Defendants, and in doing the things hereinafter mentioned, were acting within 20 the course and scope of their authority as such agents, alter egos, partners, joint 21 venturers, co-conspirators, principals, shareholders, servants, employers, employees 22 and the like with the permission, ratification, or consent of their co-Defendants and thus are legally liable for damages resulting from the acts or omissions of others. 23 7. Whenever and wherever reference is made in this Complaint to any conduct of 24 Defendants, or any of them, such allegations or references shall also be deemed to 25 mean the conduct of each Defendant, acting individually, jointly and severally. 26 8. Jurisdiction and venue are proper with this Court because the injuries sustained 27 by Plaintiff occurred in the State of California in San Mateo County, Plaintiff lives in 28 2 COMPLAINT FOR PERSONAL INJURIES 1 Redwood City, and the events forming this complaint occurred at defendants property 2 located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo County. 3 II. 4 GENERAL ALLEGATIONS 9. Plaintiff re-alleges and incorporates herein by reference each and every 5 allegation contained within paragraphs 1 through 8, inclusive, as though set forth at 6 length herein and made a part hereof. 7 10. On August 19, 2018, and prior and subsequent thereto, the Defendants owned, 8 possessed, controlled, maintained and managed a certain premise commonly described 9 as AMAZING WOK located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo 10 County. 11 11. That on the aforesaid date, August 19, 2018, the Plaintiff, RON EICHMAN was 12 on the property as a customer when he was preparing to sit and have dinner with his 13 family in the restaurant located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo 14 County. 15 12. Unbeknown to plaintiff, an employee had spilled two full glasses of liquid, and the 16 liquid remained on the tile floor of defendant's restaurant. 17 13. Defendant nor it's employees made any effort to warn plaintiff, or place signs up 18 alerting patrons of the liquid on the tile floor. 19 14. As Plaintiff, RON EICHMAN was walking toward his table, he slipped in a puddle 20 of clear liquid in the common area of the restaurant causing him to slip and fall down 21 due to a dangerous condition. 22 15. That it thereon became and was the duty of the Defendants XI FIN LIN, LISA LIN 23 LIAO, LIN LI, DA QING ZHENG and AMAZING WOK by and through its duly authorized agents and servants, failed to exercise all due care and caution for the safet 24 of the Plaintiff and other members of the public on its premises, but the Defendants did 25 not regard its duty, or use due care on behalf of the Plaintiff, by and through its 26 authorized agents and servants in that behalf, and negligently and carelessly allowed 27 aforesaid premises unsafe to traverse by customers on its property. 28 3 COMPLAINT FOR PERSONAL INJURIES 1 16. That on the aforesaid date, August 19, 2018, the Defendants XI FIN LIN, LISA 2 LIN LIAO, LIN LI, DA QING ZHENG and AMAZING WOK, by and through its 3 authorized agents and employees, was then and there negligent in one or more of the 4 following respects: a.) Carelessly and negligently failed to provide reasonably and safe premises 5 for persons in and around the floor; 6 b) Carelessly and negligently failed to maintain the aforesaid restaurant's tile 7 floor in question; 8 c) Carelessly and negligently permitted a slippery clear liquid to be present 9 on the floor in an area where customers traversed; 10 d) Carelessly and negligently failed to warn customers of the presence of the 11 slippery clear liquid on the tile floor; 12 e) Carelessly and negligently failed to clean the slippery clear liquid on the 13 floor after it knew or should have known that the water presented a danger to its 14 customers; 15 f) Carelessly and negligently failed to maintain the premises owned by the 16 Defendants in a good and safe condition for the Plaintiff and others; 17 g) Failing otherwise to comply with the applicable laws and regulations of the 18 State of California and the applicable Federal laws and regulations; 19 h) Carelessly and negligently failed to exercise the degree of care required 20 under the circumstances; 21 Failure to adequately staff the store area where plaintiff fell; i) 22 j) In other manners expected to be discovered during the course of ongoing 23 investigation and discovery. 24 17. As a proximate result of the negligence and carelessness of the Defendants, and 25 each of them, Plaintiff was caused to be injured in his health, strength and well-being, 26 sustained left knee pain and a meniscus tear and person, all of which has caused 27 Plaintiff, and will continue to cause Plaintiff in the future, severe mental, physical and 28 nervous pain and suffering. 4 COMPLAINT FOR PERSONAL INJURIES 1 18. Plaintiff has, and will for an indefinite time in the future suffer great pain, 2 inconvenience, embarrassment, and mental anguish. Plaintiff has and will for an 3 indefinite time in the future be deprived of ordinary pleasures of life, loss of well-being, 4 and equanimity, and her overall health, strength, and vitality has been greatly impaired , without any negligence of the Plaintiff contributing thereto. 5 FIRST CAUSE OF ACTION 6 (Premises Liability) 7 19. Plaintiff re-alleges and incorporates herein by reference each and every 8 allegation contained within paragraphs 1 through 18, inclusive, as though set forth at 9 length herein and made a part hereof. 10 20. On or about August 19, 2018, Plaintiff RON EICHMAN was lawfully on the 11 Defendants' premises located at 1653 Laurel St., San Carlos, CA 94070 in San Mateo 12 County as a customer. 13 21. Plaintiff, while lawfully walking on the premises to find his seat, slipped and fell to 14 the ground as a result of a clear slippery liquid present on the tile floor, and was injured 15 by the dangerous pre-existing condition on the premises, and by the Defendants' failure 16 to properly and regularly maintain said floor area. 17 22. Defendants had direct knowledge of the dangerous condition and failed to repair 18 the dangerous condition. 19 23. Defendants had a non-delegable duty to supervise and maintain said premises in 20 a reasonably safe and suitable condition for its tenants, guests and invitees; and further 21 to take any and all reasonable precautions to avoid the presence of dangerous and/or 22 artificial conditions on or around said premises, particularly the common floor areas 23 customers were known to use. 24. Defendants employed maintenance personnel, management, subcontractors, 24 and other supervisory/security personnel for the purpose of supervising employees, 25 patrons, guests and invitees and maintaining said property, and the surrounding areas, 26 in a reasonably safe and suitable condition all of which property is under said 27 Defendants' exclusive authority and control. 28 5 COMPLAINT FOR PERSONAL INJURIES 1 25. Defendants, despite having actual notice or constructive notice that a dangerous 2 condition existed on their premises, and /or its agent(s) or a third party, as the case may 3 be, over which said Defendants had control and authority, failed to enact proper 4 safeguards and maintenance, and further failed to warn of said dangerous condition resulting in serious bodily injury to Plaintiff, all in breach of Defendants' duty of due care 5 herein. 6 26. In addition to their direct liability, Defendants, and each of them, were and are 7 vicariously liable for the acts and omissions of any staff, agents, apparent agents, 8 servants, contractors, employees or consultants, independent contractors, or singular 9 persons or entities, whether in house or outside, which in any manner caused or 10 contributed to Plaintiff' s irreparable harm and damage. 11 27. As a direct and proximate result of said negligence and/or reckless conduct 12 herein, as the case may be, Plaintiff, an able-bodied male before the accident, has 13 sustained damages in the form of medical expenses, pain and suffering, enjoyment of 14 life and related damages. 15 SECOND CAUSE OF ACTION 16 (Negligent Hiring, Supervision, Failure to Warn) 17 28. Plaintiff re-alleges and incorporates herein by reference each and every 18 allegation contained within paragraphs 1 through 27, inclusive, as though set forth at 19 length herein and made a part hereof. 20 29. While on said premises, Defendants, and each of them, had a duty to supervise 21 and maintain their premises and/or perform improvements, and/or clean up the area in a 22 reasonably safe and suitable condition for their patrons, guests and invitees; and further 23 to take any and all reasonable precautions to avoid the presence of dangerous and/or artificial conditions on or around said premises as described herein. 24 30. Defendants employed janitorial and maintenance personnel, as well as 25 management and other supervisory personnel for the purpose of supervising 26 employees, patrons, guests and invitees and maintaining said property in a reasonably 27 safe and suitable condition. 28 6 COMPLAINT FOR PERSONAL INJURIES 1 31. Defendants' failure to warn of a known dangerous condition, or to discover 2 through exercise of reasonable diligence under the circumstances that which could 3 have been discovered, and further failure to hire and adequately train and supervise 4 suitable and fit employees and/or agents to regularly maintain said property in a safe and suitable manner has directly and proximately resulted in Plaintiff's damages in an 5 amount subject to proof at trial. 6 THIRD CAUSE OF ACTION 7 (Negligence) 8 30. Plaintiff re-alleges and incorporates herein by reference each and every 9 allegation contained within paragraphs 1 through 31, inclusive as though set forth at 10 length herein and made a part of hereof. 11 31. At said time and place, Defendants, and each of them, negligently, carelessly, 12 recklessly and unlawfully maintained the premises and failed to take reasonable steps 13 to maintain, prevent, and warn or to correct a dangerous condition on the premises to 14 make it safe for plaintiff and for other persons coming onto the premises. 15 32. At the aforementioned time and place, plaintiff came upon said premises, and as 16 a direct and proximate result of the aforementioned negligence, carelessness, 17 recklessness and unlawfulness of defendants, and each of them, plaintiff was caused to 18 fall while on said premises. 19 33. As a direct and proximate result of the negligence, carelessness, recklessness, 20 wantonness, and unlawfulness of defendants, and each of them, and the resulting fall, 21 as aforesaid, plaintiff sustained significant injury to his person requiring medical 22 intervention, all of which caused plaintiff damage within the jurisdiction of the court, to 23 be determined according to proof. 24 34. By reason of the foregoing, this plaintiff has been required to employ the services 25 of hospitals, physicians, surgeons, nurses, and other medical professional services and 26 plaintiff has been compelled to incur expenses for said services in an amount to be 27 determined according to proof. 28 7 COMPLAINT FOR PERSONAL INJURIES 1 35. That as a direct, legal and proximate result of the aforesaid negligence of 2 defendants, and each of them, plaintiff has sustained damages including medical 3 expenses, pain and suffering, the loss of enjoyment of life, and related damages. 4 PRAYER 5 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of 6 them, as follows: 7 1. For general damages in an amount to be ascertained; 8 2. For medical and incidental expenses, according to proof; 3. For costs of suit incurred herein; 9 4. For prejudgment interest according to proof; and 10 5. For such other and further relief as the court deems just and proper. 11 12 Dated: June 15, 2020 13 14 Christop . Goodroe 15 Attorney r Plaintiff 16 RON El MAN 17 18 DEMAND FOR JURY TRIAL 19 Plaintiff, RON EICHMAN, hereby demands a trial by jury on all claims for relief. 20 21 Dated: June 15, 2020 THE BARNES FIRM 22 23 24 er W. Goodroe s for Plaintiff 25 ICHMAN 26 27 28 8 COMPLAINT FOR PERSONAL INJURIES PROOF OF SERVICE 1 STATE OF CALIFORNIA ) 2 ) COUNTY OF ORANGE ) 3 I am employed in the County of Orange, State of California, I am over the age of 18 years and not 4 a party to the within action; my business address is 2601 Main Street, Suite 800, Irvine, California. 5 On this date, August 26, 2020, I served the foregoing document described as: 6 DEFENDANT AMAZING WOK REQUESTS FOR PRODUCTION OF DOCUMENT, SET ONE TO PLAINTIFF RON EICHMAN 7 I enclosed a true copy of said documents in a sealed envelope or package addressed to the persons 8 noted below. 9 X (By electronic service) Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic 10 notification addresses listed below. 11 Executed on August 26, 2020, at Irvine, California. 12 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I further declare that I am employed in the office of a member of the bar of this court 13 at whose direction the service was made. 14 /s/ Nikki Trumbo NIKKI TRUMBO 15 SERVICE LIST 16 Case Name : Eichman v. Lin 17 Court : San Mateo Case Number : 20-CIV-02474 18 Christopher W. Goodroe, Esq. Attorney for Plaintiff, 19 The Barnes Firms, lc RON EICHMAN 555 12th Street Suite 1470 20 Oakland, CA 94607 Phone: 800-800-0000 21 Fax: 888-800-7050 Email: chris.goodroe@thebarnesfirm.com 22 David A. Harris, Attorney Attorney for Plaintiff, 23 Law Offices of Santana & Vierra Lin Li, Da Qing Zheng Employees of Liberty Mutual Group, Inc. 24 255 California Street, Suite 900 San Francisco, CA 94111 25 Phone: (628) 220-6050 Email: David.Harris01@LibertyMutual.com 26 27 28 -1- EXHIBIT B From: Sarah C. Varisco To: Kimberly Harding Cc: Chris Goodroe; Lee A. Sherman; Nikki Trumbo; Lizbeth J. Vergara Subject: Re: 19-01754-CA Eichman,Ron v. Amazing Wok: Eichman v. Amazing Wok Discovery Responses Date: Tuesday, October 06, 2020 1:58:33 PM Attachments: image001.png image002.png image003.png Thank you for the confirmation. We will look at our calendar and get back to you shortly. Best, Sarah Sent from my iPhone On Oct 6, 2020, at 13:53, Kimberly Harding wrote: Confirmed for the discovery. I am looking at our calendar now, we may have to move the deposition into early December. Do you have any dates that do not work for your office. From: Sarah C. Varisco Sent: Monday, October 5, 2020 1:25 PM To: Chris Goodroe ; Kimberly Harding Cc: Lee A. Sherman ; Nikki Trumbo ; Lizbeth J. Vergara Subject: RE: Eichman v. Amazing Wok Discovery Responses