Preview
PLD-PI-001
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name): Plaintiff Sylvia Faraj
E-FILED
Ziyad |. Naccasha (State Bar #310831) 10/22/2025°A7A PSK
Wane cee LLP Clerk of Court
arsh Street i if CA,
San Luis Obispo, CA 93401 aoe Oe
TELEPHONE NO: (805) 546-8785 FAXNO. Ontorel: (805) 546-8015 20CV372604
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aporess: 19] North First Street
MAILING ADDRESS:
city ano zip cove: San Jose 95113
arancH NAME: DTS - Downtown Superior Court
PLAINTIFF: Sylvia Faraj
DEFENDANT: Homegoods, Inc., a Delaware Corporation
X_] DOES 1TO 50
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number):
Type (check all that apply):
MOTOR VEHICLE X_] OTHER (specify): Premises Liability
Property Damage Wrongful Death
X_] Personal Injury Other Damages (specify):
Reviewed By: D Harris
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
X_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint
from limited to unlimited
from unlimited to limited
CASE NUMBER:
200V372604
1. Plaintiff (name or names): Sylvia Faraj
alleges causes of action against defendant (name or names): Homegoods, Inc., a Delaware Corporation, et al.
2. This pleading, including attachments and exhibits, consists of the following number of pages: 5
3. Each plaintiff named above is a competent adult
a. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
b. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Sedicnen it caenee COMPLAINT—Personal Injury, Property
Judicial Council of California
PLO-PI-001 (Rev. January 1, 2007] Damage, Wrongful Death
Code of Civil Procedure, § 425.12
wnw.courtinfo.ca.gov
LexisNexis® Automated California Judicial Council FormsPLD-PI-001
SHORT TITLE: CASE NUMBER;
Faraj v. Homegoods, Inc. et al.
4, Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. LX | except defendant (name): Homegoods, Inc., a Delaware c. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) LXx_] a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
b. except defendant (name): d. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
6. The true names of defendants sued as Does are unknown to plaintiff.
a (Xx
Doe defendants (specify Doe numbers):
named defendants and acted within the scope of that agency or employment.
1-25
Information about additional defendants who are not natural persons is contained in Attachment 5.
were the agents or employees of other
b. [_x_] Doe defendants (specify Doe numbers):. 26 - 50 are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. at least one defendant now resides in its jurisdictional area.
b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. [X_] injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLO-PI-001 [Rev. January 1, 2007]
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
Page 2 of 3
LexisNexis® Automated California Judicial Council FormsPLD-PI-001
SHORT TITLE: (CASE NUMBER:
Faraj v. Homegoods, Inc. et al.
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
Motor Vehicle
X_| General Negligence
[__] Intentional Tort
Products Liability
X_| Premises Liability
Other (specify):
so aoc®
11. Plaintiff has suffered
wage loss
loss of use of property
X_| hospital and medical expenses
general damage
property damage
X_| loss of earning capacity
other damage (specify):
eareaoge
><
12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. listed in Attachment 12.
b. as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14, Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) Lx_] compensatory damages
(2) LX_] punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) [J according to proof
(2) in the amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: October 22, 2020
: i. naccacha
Ziyad I. Naccasha » wood
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PL-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
LexisNexis® Automated California Judicial Council FormsPLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
Faraj v. Homegoods, Inc. et al.
FIRST CAUSE OF ACTION—General Negligence _ Page 4
(number)
ATTACHMENT TO Complaint [_] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Sylvia Faraj
alleges that defendant (name): Homegoods, Inc., a Delaware Corporation
X_] Does 1 to 5
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): October 25, 2018
at (place): Home Goods, 1036 E. Brokaw Road, San Jose, California 95131
(description of reasons for liability):
Defendants did not take simple safety measures to properly secure and display several very heavy
mirrors behind a small barrier in their retail store. One of the mirrors slid off the shelf and broke
Plaintiff's toe, lacerated her nail bed and caused immense pain, bleeding and swelling. The laceration
required nine stitches and pain from this incident continues to the present date. In addition, Plaintiffs
new toenail is growing in arched, meaning it will be permanently disfigured, and this will forever cause
her pain in closed-toe shoes, thus restricting her future choices, in terms of style/fashion, in order to
accommodate the disfigured and painful toe.
Page 1 of 1
Code of Civil Procedure 425.12
Gorm Aoproved for, Cptonal Use) CAUSE OF ACTION—General Negligence www.courtinfo.ca.gov
Judicial Council of California
PLD-PI-001(2) [Rev. January 1, 2007]
LexisNexis® Automated California Judicial Council FormsPLD-PI-001(4)
SHORT TITLE: CASE NUMBER:
Faraj v. Homegoods, Inc. et al.
SECOND CAUSE OF ACTION—Premises Liability Page 5
(number)
ATTACHMENT TO [X] Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name): Sylvia Faraj
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): October 25, 2018 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Defendants did not take simple safety measures to properly display a very heavy mirror behind a
protective barrier in their retail store. The mirror slid off the shelf and broke Plaintiff's toe,
Jacerated her nail bed and caused immense pain, bleeding and swelling. The laceration required
nine stitches and has resulted in permanent disfigurement.
Prem.L-2. X_] Count One—Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names): Homegoods, Inc., a Delaware Corporation
X_| Does 6 to 10
Prem.L-3. Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
Does to
Plaintiff, a recreational user, was an invited guest a paying guest.
Prem.L-4. Count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):
Does to
a. The defendant public entity had actual constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. The condition was created by employees of the defendant public entity.
Prem.L-5. a. X_| Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):
X | Does 1 to TS
b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
described in attachment Prem.L-5.b as follows (names):
Page 1 of 1
got eee peel CAUSE OF ACTION—Premises Liability Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-PI-001(4) [Rev. January 1, 2007]
LexisNexis® Automated California Judicial Council Forms
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PLD-PI-001 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name): Plaintiff Sylvia Faraj E-FILED Ziyad |. Naccasha (State Bar #310831) 10/22/2025°A7A PSK Wane cee LLP Clerk of Court arsh Street i if CA, San Luis Obispo, CA 93401 aoe Oe TELEPHONE NO: (805) 546-8785 FAXNO. Ontorel: (805) 546-8015 20CV372604 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aporess: 19] North First Street MAILING ADDRESS: city ano zip cove: San Jose 95113 arancH NAME: DTS - Downtown Superior Court PLAINTIFF: Sylvia Faraj DEFENDANT: Homegoods, Inc., a Delaware Corporation X_] DOES 1TO 50 COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): MOTOR VEHICLE X_] OTHER (specify): Premises Liability Property Damage Wrongful Death X_] Personal Injury Other Damages (specify): Reviewed By: D Harris Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 X_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited CASE NUMBER: 200V372604 1. Plaintiff (name or names): Sylvia Faraj alleges causes of action against defendant (name or names): Homegoods, Inc., a Delaware Corporation, et al. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): b. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Sedicnen it caenee COMPLAINT—Personal Injury, Property Judicial Council of California PLO-PI-001 (Rev. January 1, 2007] Damage, Wrongful Death Code of Civil Procedure, § 425.12 wnw.courtinfo.ca.gov LexisNexis® Automated California Judicial Council FormsPLD-PI-001 SHORT TITLE: CASE NUMBER; Faraj v. Homegoods, Inc. et al. 4, Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. LX | except defendant (name): Homegoods, Inc., a Delaware c. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) LXx_] a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): b. except defendant (name): d. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): 6. The true names of defendants sued as Does are unknown to plaintiff. a (Xx Doe defendants (specify Doe numbers): named defendants and acted within the scope of that agency or employment. 1-25 Information about additional defendants who are not natural persons is contained in Attachment 5. were the agents or employees of other b. [_x_] Doe defendants (specify Doe numbers):. 26 - 50 are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least one defendant now resides in its jurisdictional area. b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [X_] injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLO-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page 2 of 3 LexisNexis® Automated California Judicial Council FormsPLD-PI-001 SHORT TITLE: (CASE NUMBER: Faraj v. Homegoods, Inc. et al. 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Motor Vehicle X_| General Negligence [__] Intentional Tort Products Liability X_| Premises Liability Other (specify): so aoc® 11. Plaintiff has suffered wage loss loss of use of property X_| hospital and medical expenses general damage property damage X_| loss of earning capacity other damage (specify): eareaoge >< 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. listed in Attachment 12. b. as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14, Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) Lx_] compensatory damages (2) LX_] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) [J according to proof (2) in the amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: October 22, 2020 : i. naccacha Ziyad I. Naccasha » wood (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PL-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death LexisNexis® Automated California Judicial Council FormsPLD-PI-001(2) SHORT TITLE: CASE NUMBER: Faraj v. Homegoods, Inc. et al. FIRST CAUSE OF ACTION—General Negligence _ Page 4 (number) ATTACHMENT TO Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Sylvia Faraj alleges that defendant (name): Homegoods, Inc., a Delaware Corporation X_] Does 1 to 5 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): October 25, 2018 at (place): Home Goods, 1036 E. Brokaw Road, San Jose, California 95131 (description of reasons for liability): Defendants did not take simple safety measures to properly secure and display several very heavy mirrors behind a small barrier in their retail store. One of the mirrors slid off the shelf and broke Plaintiff's toe, lacerated her nail bed and caused immense pain, bleeding and swelling. The laceration required nine stitches and pain from this incident continues to the present date. In addition, Plaintiffs new toenail is growing in arched, meaning it will be permanently disfigured, and this will forever cause her pain in closed-toe shoes, thus restricting her future choices, in terms of style/fashion, in order to accommodate the disfigured and painful toe. Page 1 of 1 Code of Civil Procedure 425.12 Gorm Aoproved for, Cptonal Use) CAUSE OF ACTION—General Negligence www.courtinfo.ca.gov Judicial Council of California PLD-PI-001(2) [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council FormsPLD-PI-001(4) SHORT TITLE: CASE NUMBER: Faraj v. Homegoods, Inc. et al. SECOND CAUSE OF ACTION—Premises Liability Page 5 (number) ATTACHMENT TO [X] Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): Sylvia Faraj alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): October 25, 2018 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Defendants did not take simple safety measures to properly display a very heavy mirror behind a protective barrier in their retail store. The mirror slid off the shelf and broke Plaintiff's toe, Jacerated her nail bed and caused immense pain, bleeding and swelling. The laceration required nine stitches and has resulted in permanent disfigurement. Prem.L-2. X_] Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): Homegoods, Inc., a Delaware Corporation X_| Does 6 to 10 Prem.L-3. Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Does to Plaintiff, a recreational user, was an invited guest a paying guest. Prem.L-4. Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): Does to a. The defendant public entity had actual constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. The condition was created by employees of the defendant public entity. Prem.L-5. a. X_| Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): X | Does 1 to TS b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are described in attachment Prem.L-5.b as follows (names): Page 1 of 1 got eee peel CAUSE OF ACTION—Premises Liability Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PI-001(4) [Rev. January 1, 2007] LexisNexis® Automated California Judicial Council Forms