Preview
Igor Fradkin, Esq. - State Bar No. 299491
DOWNTOWN L.A. LAW GROUP
601 N. Vermont Ave.
Los Angeles, CA 90004
Tel: (213) 389-3765
Fax: (877) 389-2775
mail: Igor@downtownlalaw.com
Attorneys for Plaintiff
JUAN CORONADO PEREZ
II SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATE0
JUAN CORONADO PEREZ, an individual. Case No.:
Plaintiff, COMPLAINT FOR DAMAGES
1. NEGLIGENCE
2. PREMISES LIABILITY
LA QUINTA INN & SUITES, unknown
entity; LA QUINTA BY WYNDHAM SAN
FRANCISCO AIRPORT WEST; WYNDHAM [JURY DEMANDED]
HOTEL GROUP, LLC, a Delaware
corporation; CLARK DOE, an individual; and
DOES 1-25, inclusive.
Defendants.
COMES NOW, Plaintiff, JUAN CORONADO PEREZ, and alleges against
Defendants, and each of them, as follows:
1. Plaintiff JUAN CORONADO PEREZ is an individual and is now, and at all times
mentioned in this complaint was, an adult resident of Bexar County, Texas.
2. Plaintiff is informed and believes, and based upon such information and belief alleges
that at all times relevant hereto Defendants LA QUINTA INN & SUITES, unknown entity;
LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM
HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1-
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COMPLAINT FOR DAMAGES
25, inclusive, are, and at all times herein mentioned were individuals, corporations, sole
proprietors, shareh6lders, associations, partners and partnerships, joint venturers, and/or
business entities unknown, primarily residing and doing business in the county of San Mateo,
State of California.
3. Plaintiff is informed and believes, and based upon such information alleges that
Defendant CLARK DOE was a supervisor and/or manager of the hotel at the time of
Plaintiffs slip and fall. Based on information and belief, CLARK DOE is now, and at all
times mentioned in this complaint was, an adult resident of San Mateo County, California. It
is believed that CLARK DOE was responsible for the maintenance of the hotel at the time of
Plaintiffs slip and fall, was responsible to verify that there was in place a policy which
provided for the maintenance of the hotel according to industry standards, was responsible
for the training and education of the hotel employees who were tasked with conducting the
maintenance of the hotel, and was responsible for verifying that the hotel be maintained
according to industry standards and sufficient policies and procedures.
4. Defendants DOES 1-25, inclusive, are sued herein under fictitious names, their true
names and capacities being unknown to Plaintiff. Plaintiff will amend this complaint to
allege their true names and capacities when ascertained. Plaintiff is informed and believes
and thereon alleges that each of the fictitiously named Defendants is responsible in some
manner for the occurrences herein alleged, and that Plaintiff's damages as herein alleged wert
proximately caused by those Defendants.
5. Plaintiff is informed and believes, and based upon such information and belief alleges
that at all times relevant hereto Defendants LA QUINTA INN & SUITES, unknown entity;
LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM
HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1-
25, inclusive, are, and at all times herein mentioned where individuals, corporations, sole
proprietors, shareholders, associations, partners and partnerships, joint venturers, andlor
business entities unknown, primarily residing and doing business in the County of San
COMPLAINT FOR DAMAGES
Mateo, State of California. At all times herein mentioned, said Defendants were the owners,
lessors, sub-lessors, managing agents, landlords, renters, managers, operators, marketers,
inspectors, maintainers and controllers, of a commercial property located at 1390 El Camino
Real, Millbrae, CA 94030, (hereinafter referred to as "THE SUBJECT PREMISES"), to
which building the general public is invited to come.
6. At all times herein mentioned, each of the Defendants were the agents, servants, and
employees of their co-defendants, and in doing the things hereinafter alleged were acting in
the scope of their authority as agents, servants, and employees, and with permission and
consent of their co-defendants. Plaintiff is further informed and believes, and thereon
alleges, that each of the Defendants herein gave consent to, ratified, and authorized the acts
alleged herein to each of the remaining Defendants.
FIRST CAUSE OF ACTION
NEGLIGENCE
(Against All Defendants)
7. Plaintiff re-alleges each and every allegation contained in the above Paragraphs 1
through 6, and by this reference incorporates said paragraphs as though l l l y set forth herein.
8. On August 1,2021 Plaintiff was l a f i l l y on the premises of Defendants' hotel as a
guest. As Plaintiff was in the process of exiting the showerhathtub of his hotel room, he
slipped on the floor of the showerhathtub and caused him to slip and fall, causing Plaintiff tc
sustain the serious injuries and damages described below.
9. Said Defendants, and each of them, fully and well knew, or should have known in the
exercise of reasonable care, that the structures and/or components andlor other parts of said
building were in a dangerous and defective and unsafe condition, and a menace to Plaintiff
and others l a f i l l y on said premises.
/I/
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COMPLAINT FOR DAMAGES
LO. By reason of the aforesaid negligence, carelessness and recklessness of Defendants,
md each of them, as aforesaid, and as a direct and proximate result thereof, a dangerously
iirty and/or wet floor that was not properly installed, maintained, cleaned and/or protected at
raid property causing Plaintiff to sustain the injuries and damages as hereinafter alleged.
11. As a direct and proximate result of the negligence, carelessness and recklessness of
Defendants, and each of them, as aforesaid, Plaintiff was hurt in his health, strength and
activity, sustaining severe shock and injuries to his person, all of which said injuries have
zaused, continue to cause, and will in the future cause Plaintiff great physical and emotional
pain and suffering; Plaintiff is informed and believes, and therefore alleges, that said injuries
are permanent in nature, all to his damage in a sum according to proof.
12. As a direct and proximate result of the negligence, carelessness and recklessness of
Defendants and each of them, as aforesaid, Plaintiff has been required to obtain medical
services, and Plaintiff has suffered severe emotional distress.
SECOND CAUSE OF ACTION
PREMISES LIABILITY
(Against All Defendants)
13. Plaintiff re-alleges each and every allegation contained in the above Paragraphs 1
through 12, and by this reference incorporates said paragraphs as though fully set forth
herein.
14. On August 1,2021 Plaintiff was lawfblly on the premises of Defendants' hotel as a
guest. As Plaintiff was in the process of exiting the showerlbathtub of his hotel room, he
slipped on the floor of the showerhathtub and caused him to slip and fall, causing Plaintiff tc
sustain the serious injuries and damages described below.
15. On or about August 1,202 1, Defendants LA QUINTA INN & SUITES, unknown '
entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM
HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1-
25, inclusive, carelessly and negligently owned, rented, managed, leased, supervised,
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COMPLAINT FOR DAMAGES
inspected, operated, maintained and/or controlled the premises located at or near 1390 El
Camino Real, Millbrae, CA 94030, such that it was in a dangerous, defective and unsafe
condition in conscious disregard for the risk of harm to invitees thereon. By reason of said
carelessness, negligence and conscious disregard of the Defendants, and each of them, said
premises were unsafe and dangerous to the general public and specifically Plaintiff, JUAN
CORONADO PEREZ.
16. Defendants LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY
WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC,
a Delaware corporation; CLARK DOE, an individual; and DOES 1-25, inclusive, and each c
them, failed to warn Plaintiff of said dangerous, defective and unsafe condition, although sai
Defendants, and each of them, knew of said condition.
17. As a direct and legal result of said carelessness, negligence and conscious disregard
of Defendants LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY
WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC,
a Delaware corporation; CLARK DOE, an individual; and DOES 1-25, inclusive, and each c
them, Plaintiff was seriously injured when he slipped and fell on a dangerously defective
showerhathtub that was not properly installed, maintained, cleaned and/or protected at said
property causing Plaintiff to sustain the injuries and damages as hereinafter alleged.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment against Defendants as follows:
1. For general damages in a sum according to proof;
2. For medical, hospital, and related expenses according to proof;
3. For loss of earnings according to proof;
4. For loss of future earning capacity according to proof;
5. For pre- and post-judgment interest and costs of suit incurred herein;
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COMPLAINT FOR DAMAGES
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Igor Fradkin, Esq. - State Bar No. 299491 DOWNTOWN L.A. LAW GROUP 601 N. Vermont Ave. Los Angeles, CA 90004 Tel: (213) 389-3765 Fax: (877) 389-2775 mail: Igor@downtownlalaw.com Attorneys for Plaintiff JUAN CORONADO PEREZ II SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATE0 JUAN CORONADO PEREZ, an individual. Case No.: Plaintiff, COMPLAINT FOR DAMAGES 1. NEGLIGENCE 2. PREMISES LIABILITY LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM [JURY DEMANDED] HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1-25, inclusive. Defendants. COMES NOW, Plaintiff, JUAN CORONADO PEREZ, and alleges against Defendants, and each of them, as follows: 1. Plaintiff JUAN CORONADO PEREZ is an individual and is now, and at all times mentioned in this complaint was, an adult resident of Bexar County, Texas. 2. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant hereto Defendants LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1- 1 , COMPLAINT FOR DAMAGES 25, inclusive, are, and at all times herein mentioned were individuals, corporations, sole proprietors, shareh6lders, associations, partners and partnerships, joint venturers, and/or business entities unknown, primarily residing and doing business in the county of San Mateo, State of California. 3. Plaintiff is informed and believes, and based upon such information alleges that Defendant CLARK DOE was a supervisor and/or manager of the hotel at the time of Plaintiffs slip and fall. Based on information and belief, CLARK DOE is now, and at all times mentioned in this complaint was, an adult resident of San Mateo County, California. It is believed that CLARK DOE was responsible for the maintenance of the hotel at the time of Plaintiffs slip and fall, was responsible to verify that there was in place a policy which provided for the maintenance of the hotel according to industry standards, was responsible for the training and education of the hotel employees who were tasked with conducting the maintenance of the hotel, and was responsible for verifying that the hotel be maintained according to industry standards and sufficient policies and procedures. 4. Defendants DOES 1-25, inclusive, are sued herein under fictitious names, their true names and capacities being unknown to Plaintiff. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named Defendants is responsible in some manner for the occurrences herein alleged, and that Plaintiff's damages as herein alleged wert proximately caused by those Defendants. 5. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant hereto Defendants LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1- 25, inclusive, are, and at all times herein mentioned where individuals, corporations, sole proprietors, shareholders, associations, partners and partnerships, joint venturers, andlor business entities unknown, primarily residing and doing business in the County of San COMPLAINT FOR DAMAGES Mateo, State of California. At all times herein mentioned, said Defendants were the owners, lessors, sub-lessors, managing agents, landlords, renters, managers, operators, marketers, inspectors, maintainers and controllers, of a commercial property located at 1390 El Camino Real, Millbrae, CA 94030, (hereinafter referred to as "THE SUBJECT PREMISES"), to which building the general public is invited to come. 6. At all times herein mentioned, each of the Defendants were the agents, servants, and employees of their co-defendants, and in doing the things hereinafter alleged were acting in the scope of their authority as agents, servants, and employees, and with permission and consent of their co-defendants. Plaintiff is further informed and believes, and thereon alleges, that each of the Defendants herein gave consent to, ratified, and authorized the acts alleged herein to each of the remaining Defendants. FIRST CAUSE OF ACTION NEGLIGENCE (Against All Defendants) 7. Plaintiff re-alleges each and every allegation contained in the above Paragraphs 1 through 6, and by this reference incorporates said paragraphs as though l l l y set forth herein. 8. On August 1,2021 Plaintiff was l a f i l l y on the premises of Defendants' hotel as a guest. As Plaintiff was in the process of exiting the showerhathtub of his hotel room, he slipped on the floor of the showerhathtub and caused him to slip and fall, causing Plaintiff tc sustain the serious injuries and damages described below. 9. Said Defendants, and each of them, fully and well knew, or should have known in the exercise of reasonable care, that the structures and/or components andlor other parts of said building were in a dangerous and defective and unsafe condition, and a menace to Plaintiff and others l a f i l l y on said premises. /I/ //I //I 3 COMPLAINT FOR DAMAGES LO. By reason of the aforesaid negligence, carelessness and recklessness of Defendants, md each of them, as aforesaid, and as a direct and proximate result thereof, a dangerously iirty and/or wet floor that was not properly installed, maintained, cleaned and/or protected at raid property causing Plaintiff to sustain the injuries and damages as hereinafter alleged. 11. As a direct and proximate result of the negligence, carelessness and recklessness of Defendants, and each of them, as aforesaid, Plaintiff was hurt in his health, strength and activity, sustaining severe shock and injuries to his person, all of which said injuries have zaused, continue to cause, and will in the future cause Plaintiff great physical and emotional pain and suffering; Plaintiff is informed and believes, and therefore alleges, that said injuries are permanent in nature, all to his damage in a sum according to proof. 12. As a direct and proximate result of the negligence, carelessness and recklessness of Defendants and each of them, as aforesaid, Plaintiff has been required to obtain medical services, and Plaintiff has suffered severe emotional distress. SECOND CAUSE OF ACTION PREMISES LIABILITY (Against All Defendants) 13. Plaintiff re-alleges each and every allegation contained in the above Paragraphs 1 through 12, and by this reference incorporates said paragraphs as though fully set forth herein. 14. On August 1,2021 Plaintiff was lawfblly on the premises of Defendants' hotel as a guest. As Plaintiff was in the process of exiting the showerlbathtub of his hotel room, he slipped on the floor of the showerhathtub and caused him to slip and fall, causing Plaintiff tc sustain the serious injuries and damages described below. 15. On or about August 1,202 1, Defendants LA QUINTA INN & SUITES, unknown ' entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1- 25, inclusive, carelessly and negligently owned, rented, managed, leased, supervised, 4 COMPLAINT FOR DAMAGES inspected, operated, maintained and/or controlled the premises located at or near 1390 El Camino Real, Millbrae, CA 94030, such that it was in a dangerous, defective and unsafe condition in conscious disregard for the risk of harm to invitees thereon. By reason of said carelessness, negligence and conscious disregard of the Defendants, and each of them, said premises were unsafe and dangerous to the general public and specifically Plaintiff, JUAN CORONADO PEREZ. 16. Defendants LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1-25, inclusive, and each c them, failed to warn Plaintiff of said dangerous, defective and unsafe condition, although sai Defendants, and each of them, knew of said condition. 17. As a direct and legal result of said carelessness, negligence and conscious disregard of Defendants LA QUINTA INN & SUITES, unknown entity; LA QUINTA BY WYNDHAM SAN FRANCISCO AIRPORT WEST; WYNDHAM HOTEL GROUP, LLC, a Delaware corporation; CLARK DOE, an individual; and DOES 1-25, inclusive, and each c them, Plaintiff was seriously injured when he slipped and fell on a dangerously defective showerhathtub that was not properly installed, maintained, cleaned and/or protected at said property causing Plaintiff to sustain the injuries and damages as hereinafter alleged. PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against Defendants as follows: 1. For general damages in a sum according to proof; 2. For medical, hospital, and related expenses according to proof; 3. For loss of earnings according to proof; 4. For loss of future earning capacity according to proof; 5. For pre- and post-judgment interest and costs of suit incurred herein; 5 COMPLAINT FOR DAMAGES