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Michael L. Baum, Esq. (SBN: 119511)
—
mbaum@baumhedlundlaw.com
R. Brent Wisner (SBN: 276023)
FILE D
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rbwisner@baumhedlundlaw.com
Pedram Esfandiary (SBN 312569) A COUNTY
ALAMED
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pesfandiary@baumhedlundlaw.com
Adam Foster (SBN 301507)
SEP 0 4 2019
ORIGINAL
&
afoster@baumhedlundlaw.com CVARK OF THE:SUPERIOR COURT
| Nicole K.H. Maldonado, Esq. (SBN 207715)
MN
nmaldonado@baumhedlundlaw.com
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BAUM, HEDLUND, ARISTEI & GOLDMAN, P.C.
10940 Wilshire Blvd., 17th Floor
SS
Los Angeles, CA 90024
Tel: (310) 207-3233 / Fax: (310) 820-7444
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Attorneys for Plaintiffs
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10 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
PEGGY L. LUPO; JOSEPH D.
ACQUISTAPACE; TRIESS TOOLE; LISA
case “QoS
C. MCMILLIN; PAMELA E. GOODE; COMPLAINT .
DENNIS E. BUSH; LINDA R. SMITH;
PAMELA J. POLZIN; MARTIN B. LUGO, DEMAND FOR JURY TRIAL
SR.; TOMMY GLENSOR; LYNDA J.
HABEDANCK; JACK J. CARRASCO;
BENJAMIN A. ANDRES; MICHAEL A.
ABBENE; JACK HICKS; RICHARD W.
OTT; HELGA F. CARRASCO;
JONATHAN H. SCHUSTER; AMIR
AVDIC; PATRICIA L. KIRKSEY;
GREGORY V. SAUER; POLLY A.
ROBINSON; STUART P. JURAVEL;
CANDICE HOWZE; JACQUELINE L.
BONNEY; MARIA A. GILMORE; JOSEPH
RAFF; SALVATORE F. DIMAURO; NITA
CHANDLER, PLAINTIFF, ON BEHALF
OF SARAH A. CHANDLER, DECEDENT;
IRA GINSBURG; CECILIA SILVA;
NAOKO MILES; TAMIKA BOSTIC;
DONNA DEJOHN, PLAINTIFF, ON
BEHALF OF JAMES P. DEJOHN,
DECEDENT; AUDREY YOUNG;
STEPHEN J. JOHNSON; DANNY J.
SACCONI; LESLIE BEAVER PITTGES;
AUDREY A. WOOLSEY; JEANICE
HAYS; JANE DIAL; ROBERT R. DILES;
]
COMPLAINT
ROBERT ADAMS; PATTI T. SALLADAY;
GRETCHEN STAHMER; SYLVIA C.
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TYSON, PLAINTIFF, ON BEHALF OF
WILLIAM S. TYSON, JR., DECEDENT;
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TERRY R. KNOWLES; PHILIP J. MANN;
PETER M. ELLENBY; BRENDA D.
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PARSONS; and VIRGINIA L. DOTY,
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Plaintiffs,
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SAFEWAY, INC.; SAFEWAY HEALTH,
INC.; THE VONS COMPANIES, INC;
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GROCERY OUTLET; KAISER
PERMANENTE INTERNATIONAL; and
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DOES 1 through 100 inclusive,
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Defendants.
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COMPLAINT
TABLE OF CONTENTS
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Page
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TABLE OF CONTENTS... ccceeesscseeseseneeseeeececeecseecesenesseseeccseeecseseeesessssesesecsesesscsesasseeeseseeasanseaneess 3
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INTRODUCTION ou... ecscsceessrssesesesecsenecsecseeeceessesaesseeesesseeseseesesseseeseasesesssssesessecseseeseeseesenecseeatsaens 5
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PARTIES oc ccccccccsscscsscsecsessesseneesssseeacsecsesseseesesscaeaesaessenseseeaessesecsecacseeseenenaeseessecesasseesseaesesseeaeseeaseeeasens 6
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I. Plaintiffs... ccc csesssccnssscssesescesecscecesesecscsececseceeseeesesenseecsesecseseesesesseseseseeseeessseeessesteees 6
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Il. Defendants 0.0.0... eseeeeseeeeeeeeees sesseescesscsessesaeeseessensesaesasceseseaeesseaeeasesecaeeaesareneeaesseeneens 15
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A. Doe Defendant... eeceesessceseesssseseescsersesseeeaeeesecesesseeesenseeecsecaeeseateneesseees 16
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JURISDICTION AND VENUE ...... cs cccsccsesssseseseseeseseseesesecacsecesesecseueseseseccesesacseeesecsecacsesacsesesseaeeesecees 18
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FACTUAL ALLEGATIONS .... i iccccccecssessssessessesseeecseesensesaesecsecseecsessenesseesesaeseessecesesseesseeesessesseseees 19
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I. Regulatory History of Ranitidine-Containing Products..........ccccccsccscsssesssccessersesseeeess 19
I. Recalls and the FDA’S Bane... ccc ecccessesseesseeeeereceeesesseeessessenacseesesessesseeaseeeeessessterens 21
WI. Dangers of NDMA Qu... ccceeescesccssecsseeseeescesseceneceeessesseeesscnseeseesseeseesseseaeseaeenseeseenaees 25
IV. How Ranitidine Transforms into NDMA Within the Human Body..............:ccceeeee 30
A. Formation of NDMA in the Environment of the Human Stomach .................. 31
B. Formation of NDMA in the Other Organs of Human Body ............ cece 38
C. Formation of NDMA by Exposure to Heat and/or Time ........eeeceeeeeeseeeeeeeee 40
D. Evidence Also Directly Links Ranitidine Exposure to Cancer..........cceceees 42
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V. Doe Defendants Made False Statements in the Labeling of Their Ranitidine-
Containing Products... ceeesesessscsecsecesesseescesesseeseeeessetsesensssseceeaesseeseeaessecseeeenesaeenes 44
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VI. Defendants Knew or Should Have Known of the NDMA Risk ..0....cceeceeeteeeeeeeeeeeees 44
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VI. Exemplary / Punitive Damages Allegations (Against Doe Defendants) ................4. 48
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VUI. Equitable Tolling/Estoppel ....... ccc cecccccccsssssecceeneesecteeececeacesceaceeeesesseesesseraeeaesaeeseeneens 48
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CAUSES OF ACTION occ ceccceccescsseseseeeeseseeeseeeescsenesaesecaceesseseeseseseeseseeeseseseaeeceaeeasaceesessenevaceeneaentes 49
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COUNT I: STRICT PRODUCTS LIABILITY — FAILURE TO WARN 0... cece 49
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COUNT II: STRICT PRODUCTS LIABILITY — MANUFACTURING DEFECT ............. 53
COUNT II: NEGLIGENCE 0... cecsceseeeeseceecceeesesseeseevseeecsecseeesessesesnecsesseseseeenseessesneeaees 54
SS
JURY TRIAL DEMAND 0.0... ccccccceceeeececceeeseceeseeseeeeseenessesecnessesscserseeasateaesassesneneeseeseraseasseesessessseseges 56
COMPLAINT
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PRAYER FOR RELIEF
4
COMPLAINT
INTRODUCTION .
1. This is a personal injury action for damages relating to Defendants’ design,
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manufacture, sale, marketing, advertising, promotion, testing, labeling, packaging, handling,
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distribution, and storage of ranitidine-containing drugs including the brand name, Zantac, and its
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various generic forms (“Ranitidine-Containing Drugs,” unless specifically identified).
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2. Plaintiffs bring this action for personal injuries suffered as a result of ingesting the
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defective and unreasonably dangerous Ranitidine-Containing Drugs and developing various cancers
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and their sequelae as a result of this ingestion.
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3. As more particularly set forth herein, Plaintiffs maintain that the Ranitidine-
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Containing Drugs they ingested are defective, dangerous to human health, unfit and unsuitable to be
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advertised, marketed, and sold in the United States, were manufactured improperly, and lacked
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proper warnings of the dangers associated with their use.
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4. N-Nitrosodimethylamine (““NDMA”) is a potent carcinogen. Discovered as a
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biproduct in manufacturing rocket fuel in the early 1900s, today, its only use is to induce tumors in
animals as part of laboratory experiments. Its only function is to cause cancer. It has no business
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being in a human body.
5. Zantac, the popular antacid medication that was used by millions of people every day,
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leads to the production of staggering amounts of NDMA when it is digested by the human body. The
U.S. Food and Drug Administration’s (“FDA”) allowable daily limit of NDMA is 96 ng (nanograms)
and yet, in a single dose of Zantac, researchers are discovering over 3 million ng.
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6. These recent revelations by independent researchers have caused widespread recalls of
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Zantac and its generic forms both domestically and internationally, including the domestic recall by
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the current owner and controller of the Zantac new drug application (“NDA”). Recently, on April 1,
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2020, the FDA banned all Ranitidine-Containing Drugs sold in the United States.
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7. The high levels of NDMA observed in Ranitidine-Containing Drugs is a function of
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the ranitidine molecule: (1) the way it breaks down in the human digestive system; and (2) the way it
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breaks down when exposed to heat, in particular, during transport and storage.
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8. This lawsuit seeks to hold Defendants responsible for defective design, manufacturing,
5
COMPLAINT
sale, handling, distribution, and storage that caused Plaintiffs’ severe injuries.
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PARTIES
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I. Plaintiffs
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9. Plaintiff Peggy L. Lupo consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc., Safeway Health, Inc., The Vons Companies, Inc., Kaiser Permanente
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International, and Grocery Outlet supplied Plaintiff with the Ranitidine-Containing Drugs which
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caused Plaintiff's injuries.
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10. Plaintiff Joseph D. Acquistapace consumed Ranitidine-Containing Drugs. As a direct
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and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was
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diagnosed with cancer. Safeway, Inc., Safeway Health, Inc., and Kaiser Permanente International
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supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiffs injuries.
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11. Plaintiff Triess Toole consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc., Safeway Health, Inc., and Kaiser Permanente International supplied
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Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries.
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12. Plaintiff Lisa C. McMillin consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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13. Plaintiff Pamela E. Goode consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. The Vons Companies, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs
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which caused Plaintiff's injuries.
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14. Plaintiff Dennis E. Bush consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. The Vons Companies, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs
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which caused Plaintiffs injuries.
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COMPLAINT
15. Plaintiff Linda R. Smith consumed Ranitidine-Containing Drugs. As a direct and
proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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16. _—_— Plaintiff Pamela J. Polzin consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Grocery Outlet supplied Plaintiff with the Ranitidine-Containing Drugs which caused
Plaintiff's injuries.
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17. Plaintiff Martin B. Lugo, Sr. consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Kaiser Permanente International and Grocery Outlet supplied Plaintiff with the
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Ranitidine-Containing Drugs which caused Plaintiff's injuries.
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18. Plaintiff Tommy Glensor consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Kaiser Permanente International supplied Plaintiff with the Ranitidine-Containing
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Drugs which caused Plaintiff's injuries.
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19.‘ Plaintiff Lynda J. Habedanck consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Kaiser Permanente International supplied Plaintiff with the Ranitidine-Containing
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Drugs which caused Plaintiff’s injuries.
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20. Plaintiff Jack J. Carrasco consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. The Vons Companies, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs
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which caused Plaintiffs injuries.
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21. Plaintiff Benjamin A. Andres consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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7
- COMPLAINT
22. Plaintiff Michael A. Abbene consumed Ranitidine-Containing Drugs. As a direct and
proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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23. Plaintiff Jack Hicks consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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24. Plaintiff Richard W. Ott consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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25. Plaintiff Helga F. Carrasco consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
Containing Drugs which caused Plaintiff's injuries.
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26. Plaintiff Jonathan H. Schuster consumed Ranitidine-Containing Drugs. As a direct
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and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was
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diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the
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Ranitidine-Containing Drugs which caused Plaintiffs injuries.
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27. Plaintiff Amir Avdic consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries. |
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28. Plaintiff Patricia L. Kirksey consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiffs injuries.
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COMPLAINT
29. _— Plaintiff Gregory V. Sauer consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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30. ‘Plaintiff Polly A. Robinson consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
Containing Drugs which caused Plaintiff's injuries.
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31. Plaintiff Stuart P. Juravel consumed Ranitidine-Containing Drugs. As a direct and
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10 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
11 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
12 Containing Drugs which caused Plaintiff’s injuries.
13 32. Plaintiff Candice Howze consumed Ranitidine-Containing Drugs. As a direct and
14 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
15 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
16 Containing Drugs which caused Plaintiffs injuries.
17 33. Plaintiff Jacqueline L. Bonney consumed Ranitidine-Containing Drugs. As a direct
18 and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was
19 diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the
20 Ranitidine-Containing Drugs which caused Plaintiffs injuries.
21 34. Plaintiff Maria A. Gilmore consumed Ranitidine-Containing Drugs. As a direct and
22 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
23 with cancer. Safeway, Inc., Safeway Health, Inc., and Grocery Outlet supplied Plaintiff with the
24 Ranitidine-Containing Drugs which caused Plaintiff's injuries.
25 35. Plaintiff Joseph Raff consumed Ranitidine-Containing Drugs. As a direct and
26 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
27 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
28 Containing Drugs which caused Plaintiff's injuries.
9
COMPLAINT
36. Plaintiff Salvatore F. Dimauro consumed Ranitidine-Containing Drugs. As a direct
and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was
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diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the
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Ranitidine-Containing Drugs which caused Plaintiff's injuries.
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37. Plaintiff Nita Chandler, Plaintiff, on behalf of Sarah A. Chandler, Decedent consumed
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Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic
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Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway
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Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries.
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38. Plaintiff Ira Ginsburg consumed Ranitidine-Containing Drugs. As a direct and
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10 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
1 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
12 Containing Drugs which caused Plaintiff's injuries.
13 39. ‘Plaintiff Cecilia Silva consumed Ranitidine-Containing Drugs. As a direct and
14 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
15 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
16 Containing Drugs which caused Plaintiff's injuries.
17 40. Plaintiff Naoko Miles consumed Ranitidine-Containing Drugs. As a direct and
18 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
19 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
20 Containing Drugs which caused Plaintiff's injuries.
21 41. Plaintiff Tamika Bostic consumed Ranitidine-Containing Drugs. As a direct and
22 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
23 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
24 Containing Drugs which caused Plaintiffs injuries.
25 42. Plaintiff Donna DeJohn, Plaintiff, on behalf of James P. DeJohn, Decedent consumed
26 Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic
27 Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway
28 Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiffs injuries.
10
COMPLAINT
43. Plaintiff Audrey Young consumed Ranitidine-Containing Drugs. As a direct and
proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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44. Plaintiff Stephen J. Johnson consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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45. Plaintiff Danny J. Sacconi consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiffs injuries.
46. Plaintiff Leslie Beaver Pittges consumed Ranitidine-Containing Drugs. As a direct
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and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was
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diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the
Ranitidine-Containing Drugs which caused Plaintiff's injuries.
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47. Plaintiff Audrey A. Woolsey consumed Ranitidine-Containing Drugs. As a direct and
proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
Containing Drugs which caused Plaintiff’ s injuries.
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48. Plaintiff Jeanice Hays consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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49. Plaintiff Jane Dial consumed Ranitidine-Containing Drugs. As a direct and proximate
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result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer.
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Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs
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which caused Plaintiff’s injuries.
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COMPLAINT
50. Plaintiff Robert R. Diles consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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51. Plaintiff Robert Adams consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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52. Plaintiff Patti T. Salladay consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
Containing Drugs which caused Plaintiff’s injuries.
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53. Plaintiff Gretchen Stahmer consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiffs injuries.
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54. Plaintiff Sylvia C. Tyson, Plaintiff, on behalf of William S. Tyson, Jr., Decedent
consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic
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Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway
Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries.
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55. Plaintiff Terry R. Knowles consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiffs injuries.
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56. Plaintiff Philip J. Mann consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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12
COMPLAINT
57. Plaintiff Peter M. Ellenby consumed Ranitidine-Containing Drugs. As a direct and
proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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58. Plaintiff Brenda D. Parsons consumed Ranitidine-Containing Drugs. As a direct and
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff’s injuries.
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59. Plaintiff Virginia L. Doty consumed Ranitidine-Containing Drugs. As a direct and |
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proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed
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with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-
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Containing Drugs which caused Plaintiff's injuries.
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60. Had any Defendant warned Plaintiffs that Ranitidine-Containing Drugs could lead to
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exposure to NDMA or, in turn, cancer, Plaintiffs would not have taken Ranitidine-Containing Drugs.
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61. Plaintiffs are informed and believe and based thereon allege that as a direct and
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proximate result of Plaintiffs’ use of and/or exposure to Ranitidine-Containing Drugs supplied and
distributed by Defendants herein, Plaintiffs suffered significant harm, conscious pain and suffering,
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physical injury and bodily impairment including, but not limited to cancer, other permanent physical
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deficits, permanent bodily impairment and other sequelae. Plaintiffs’ injuries required
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hospitalizations, in-patient surgeries, medication treatments, and other therapies to address the
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adverse physical effects and damage caused by Plaintiffs’ use of and/or exposure to Ranitidine-
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Containing Drugs.
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62. Asadirect and proximate result of the wrongful conduct, acts, omissions, fraudulent
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concealments, fraudulent misrepresentations, and fraudulent business practices by Defendants and
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KN
DOES 1 through 100, inclusive, Plaintiffs used and/or were exposed to Ranitidine-Containing Drugs
OO
NY
and were diagnosed with serious health injuries including cancer.
ONO
PO
63. Asaresult of using and/or being exposed to Defendants’ Ranitidine-Containing
YN
NO
Drugs, Plaintiffs have been permanently and severely injured, having suffered serious consequences
oOo
Oo
13
COMPLAINT
from Ranitidine-Containing Drugs
64. Asa further direct and proximate result of defects in Ranitidine-Containing Drugs and
YP
the wrongful conduct, acts, omissions, and fraudulent misrepresentations of Defendants, Plaintiffs
WY
suffered severe mental and physical pain and have and will sustain permanent injuries and emotional
FF
distress, along with economic loss due to medical expenses and living-related expenses as a result of
AW
lifestyle changes.
Dn
65. Asa further direct and proximate result of defects in Ranitidine-Containing Drugs and
HN
the wrongful conduct, acts, omissions, and fraudulent misrepresentations of Defendants, Plaintiffs
Oo
required extensive emergency medical treatment, health care, attention and services, thereby
So
incurring medical, incidental, and service expenses pertaining to emergency medical treatments and
aQAaskRanrves
Ree
procedures undertaken in efforts to maintain and/or save Plaintiffs.
66. Plaintiffs are individuals who suffered damages as a result of injuries resulting from
wwe Re
Plaintiffs’ use and/or exposure to Ranitidine-Containing Drugs and are authorized to bring an action
for the causes of actions alleged herein including, but not limited to, injuries and damages sustained
by Plaintiffs, resulting from Plaintiffs’ use and/or exposure to Ranitidine-Containing Drugs. Said
injuries and damages sustained by Plaintiffs were caused or substantially contributed to by the
wrongful conduct of Defendants and DOES 1 through 100, inclusive.
DVD
67. The product warnings for Ranitidine-Containing Drugs in effect during the time period
Ce
Plaintiffs used and/or were exposed to Ranitidine-Containing Drugs were vague, incomplete or
otherwise inadequate, both substantively and graphically, to alert consumers to the severe health risks
FSF
NO
associated with Ranitidine-Containing Drugs use and/or exposure.
NNO
*F
68. The Defendants and DOES 1| through 100, and each of them, inclusive, did not
NYO
BH
provide adequate warnings to consumers including Plaintiffs and the general public about the
YN
increased risk of serious adverse events that are described herein.
NYO
NRRR
69. _—_ Had Plaintiffs been adequately warned of the potential life-threatening side effects of
NO
the Defendants’ and DOES 1 through 100, and each of them, inclusive, Ranitidine-Containing Drugs,
NO
Plaintiffs would not have purchased, used or been exposed to Ranitidine-Containing Drugs.
70. By reason of the foregoing, Plaintiffs developed serious and dangerous side effects
SBS
N
14
COMPLAINT
including cancer and other cancers, related sequelae, physical pain and suffering, mental anguish, and
loss of enjoyment of life. By reason of the foregoing, Plaintiffs suffered economic losses and special
NO
damages including, but not limited to, loss of earning and medical expenses. Plaintiffs’ general and
WD
special damages are in excess of the jurisdictional limits of the Court.
FSF
71. Plaintiffs have reviewed their potential legal claims and causes of action against the
A
Defendants and have intentionally chosen only to pursue claims based on state law. Any reference to
DBD
any federal agency, regulation or rule is stated solely as background information and does not raise a
SN
federal question. Plaintiffs have chosen to only pursue claims based on state law and are not making
CO
any claims which raise federal questions. Accordingly, Plaintiffs contend that California State
Oo
jurisdiction and venue is proper.
I. Defendants
72. Defendant Safeway, Inc. is a Delaware corporation with its headquarters and principal
place of business located at 11555 Dublin Canyon Rd., Pleasanton, California 94588. Safeway, Inc.
NR
is a wholly owned subsidiary of Albertons Companies, Inc. Safeway, Inc. is a citizen of California
and Delaware and is not a citizen of any other state. At all relevant times, Safeway, Inc. has
conducted business and derived substantial revenue from its advertising, selling, and marketing of
Ranitidine-Containing Drugs within Alameda County and the State of California.
73. Defendant Safeway Health, Inc. is a Delaware corporation with its headquarters and
principal place of business located at 11555 Dublin Canyon Rd., Pleasanton, California 94588.
Safeway Health, Inc. is a citizen of California and Delaware and is not a citizen of any other state. At
all relevant times, Safeway Health Inc. has conducted business and derived substantial revenue from
NR
its labeling, distribution, and marketing of generic Ranitidine-Containing Drugs in Alameda County
NO
and the State of California. Safeway Health Inc., labeled, distributed, and marketed generic
NO
Ranitidine-Containing Drugs manufactured by Perrigo Company, ple and Dr. Reddy’s Laboratories
NR
Ltd on behalf of Defendant Safeway, Inc. and labeled and marketed by Safeway Health, Inc. as
“Safeway Care” products.
74. — Collectively, Defendants Safeway Inc. and Safeway Health, Inc. are referred to as
Safeway.
15
COMPLAINT
75. The Vons Companies, Inc. (“Vons”) is a Michigan Corporation with its headquarters
=
and principal place of business located at 11555 Dublin Canyon Rd., Pleasanton, California 94588.
PO
Vons is a wholly owned subsidiary of Albertons Companies, Inc. Vons is a citizen of California and
WO
Delaware and is not a citizen of any other state. At all relevant times, Vons has conducted business
FP
and derived substantial revenue from its advertising, selling, and marketing of Ranitidine-Containing
NO
Drugs within Alameda County and the State of California.
NHN
76. Defendant Grocery Outlet is a California corporation with its headquarters and
SN
principal place of business located at 5650 Hollis Street, Emeryville, California 94608. At all
FSF
relevant times, Grocery Outlet has conducted business and derived substantial revenue from its
mo
advertising, selling, and marketing of Ranitidine-Containing Drugs within Alameda County and the
RW_Aaaszranstese
eee
State of California.
77. Defendant Kaiser Permanente International (“Kaiser”) is a California corporation
with its headquarters and principal place of business located at One Kaiser Plaza, Oakland, California
94612. At all relevant times, Kaiser has conducted business and derived substantial revenue from its
selling of Ranitidine-Containing Drugs within Alameda County and the State of California by
operating a pharmacy which dispenses Ranitidine-Containing Drugs.
A. Doe Defendants
wm
78. The true names and/or capacities, whether individual, corporate, partnership,
Ce
associate, governmental, or otherwise, of Defendants DOES 1 through 100, inclusive, and each of
them, are unknown to Plaintiffs at this time, who therefore sues said Defendants by such fictitious
F&F
NO
names. Plaintiffs are informed and believes, and thereon alleges, that each Defendant designated
NO
YF
herein as a DOE caused injuries and damages proximately thereby to Plaintiffs as hereinafter alleged;
NYO
BEB
and that each DOE Defendant is liable to the Plaintiffs for the acts and omissions alleged herein
PO
below, and the resulting injuries to Plaintiffs, and damages sustained by Plaintiffs. Plaintiffs will
dN
SNRBR
amend this Complaint to allege the true names and capacities of said DOE Defendants when that
Pp
same is ascertained.
NO
79. Plaintiffs are informed and believe, and thereon allege, that at all times herein
mentioned, each of the Defendants and each of the DOE Defendants was the agent, servant,
16
COMPLAINT
employee and/or joint venturer of the other co-Defendants and other DOE Defendants, and each of
eH
them, and at all said times, each Defendants and each DOE Defendant was acting in the full course,
NO
scope and authority of said agency, service, employment and/or joint venture.
WD
80. Plaintiffs are informed and believe and allege that at all times mentioned herein,
FP
Defendants and DOES 1 through 100, inclusive, and each of them, were also known as, formerly
WO
known as and/or were the successors and/or predecessors in interest/business/product line/or a
DB
portion thereof, assigns, a parent, a subsidiary (wholly or partially owned by, or the whole or partial
SF
owner), affiliate, partner, co-venturer, merged company, alter egos, agents, equitable trustees and/or
CO
fiduciaries of and/or were members in an entity or entities engaged in the funding, researching,
oO
studying, manufacturing, fabricating, designing, developing, labeling, assembling, distributing,
D&D
le
supplying, leasing, buying, offering for sale, selling, inspecting, servicing, contracting others for
KY
ESOL RE
marketing, warranting, rebranding, manufacturing for others, packaging and advertising of
NY
EPO
Ranitidine-Containing Drugs. Defendants and DOES | through 100, inclusive, and each of them, are
YD
FOO
liable for the acts, omissions and tortious conduct of its successors and/or predecessors in
SF
interest/business/product line/or a portion thereof, assigns, parent, subsidiary, affiliate, partner, co-
HN
FSF
venturer, merged company, alter ego, agent, equitable trustee, fiduciary and/or its alternate entities in
DN
FY
that Defendants and DOES 1 through 100, inclusive, and each of them, enjoy the goodwill originally
NTN
KR
OOO
attached to each such alternate entity, acquired the assets or product line (or portion thereof), and in
YF
that there has been a virtual destruction of Plaintiffs’ remedy against each such alternate entity, and
KF
OO
that each such Defendants has the ability to assume the risk spreading role of each such alternate
NO
entity.
YF
WN
81. Plaintiffs are informed and believe, and thereon allege, that at all times herein
Ne
NY
mentioned, that Defendants and DOES 1 through 100, inclusive, and each of them, were and are
WOW
KN
corporations organized and existing under the laws of the State of California or the laws of some state
BP
NHN
or foreign jurisdiction; that each of the said Defendants and DOE Defendants were and are authorized
WN
DN
to do and are doing business in the State of California and regularly conducted business in Alameda
ON
bv
County and the State of California.
po
oN
bo
17
COMPLAINT
82. Upon information and belief,at relevant times, Defendants and DOES 1 through 100,
HS
and each of them, inclusive, were engaged in the business of researching, developing, designing,
HN
licensing, manufacturing, distributing, selling, marketing, and/or introducing into interstate
WD
commerce and into the State of California, including in Alameda County, either directly or indirectly
FP
through third parties or related entities, Ranitidine-Containing Drugs.
WN
83. At relevant times, Defendants and DOES 1 through 100, inclusive, and each of them,
DB
conducted regular and sustained business and engaged in substantial commerce and business activity
ST
in the State of California, which included but was not limited to selling, marketing and distributing
©
Ranitidine-Containing Drugs in Alameda County and the State of California.
Oo
84. At all relevant times, Defendants and DOES 1 through 100, inclusive, and each of
OS
Sele
Preview
away > Michael L. Baum, Esq. (SBN: 119511) — mbaum@baumhedlundlaw.com R. Brent Wisner (SBN: 276023) FILE D bd rbwisner@baumhedlundlaw.com Pedram Esfandiary (SBN 312569) A COUNTY ALAMED Ww pesfandiary@baumhedlundlaw.com Adam Foster (SBN 301507) SEP 0 4 2019 ORIGINAL & afoster@baumhedlundlaw.com CVARK OF THE:SUPERIOR COURT | Nicole K.H. Maldonado, Esq. (SBN 207715) MN nmaldonado@baumhedlundlaw.com HD BAUM, HEDLUND, ARISTEI & GOLDMAN, P.C. 10940 Wilshire Blvd., 17th Floor SS Los Angeles, CA 90024 Tel: (310) 207-3233 / Fax: (310) 820-7444 Oo Attorneys for Plaintiffs oOo 10 SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ALAMEDA PEGGY L. LUPO; JOSEPH D. ACQUISTAPACE; TRIESS TOOLE; LISA case “QoS C. MCMILLIN; PAMELA E. GOODE; COMPLAINT . DENNIS E. BUSH; LINDA R. SMITH; PAMELA J. POLZIN; MARTIN B. LUGO, DEMAND FOR JURY TRIAL SR.; TOMMY GLENSOR; LYNDA J. HABEDANCK; JACK J. CARRASCO; BENJAMIN A. ANDRES; MICHAEL A. ABBENE; JACK HICKS; RICHARD W. OTT; HELGA F. CARRASCO; JONATHAN H. SCHUSTER; AMIR AVDIC; PATRICIA L. KIRKSEY; GREGORY V. SAUER; POLLY A. ROBINSON; STUART P. JURAVEL; CANDICE HOWZE; JACQUELINE L. BONNEY; MARIA A. GILMORE; JOSEPH RAFF; SALVATORE F. DIMAURO; NITA CHANDLER, PLAINTIFF, ON BEHALF OF SARAH A. CHANDLER, DECEDENT; IRA GINSBURG; CECILIA SILVA; NAOKO MILES; TAMIKA BOSTIC; DONNA DEJOHN, PLAINTIFF, ON BEHALF OF JAMES P. DEJOHN, DECEDENT; AUDREY YOUNG; STEPHEN J. JOHNSON; DANNY J. SACCONI; LESLIE BEAVER PITTGES; AUDREY A. WOOLSEY; JEANICE HAYS; JANE DIAL; ROBERT R. DILES; ] COMPLAINT ROBERT ADAMS; PATTI T. SALLADAY; GRETCHEN STAHMER; SYLVIA C. PO TYSON, PLAINTIFF, ON BEHALF OF WILLIAM S. TYSON, JR., DECEDENT; WD TERRY R. KNOWLES; PHILIP J. MANN; PETER M. ELLENBY; BRENDA D. BP PARSONS; and VIRGINIA L. DOTY, WO Plaintiffs, DB Vv. NS Oo SAFEWAY, INC.; SAFEWAY HEALTH, INC.; THE VONS COMPANIES, INC; Oo GROCERY OUTLET; KAISER PERMANENTE INTERNATIONAL; and BD DOES 1 through 100 inclusive, YK ele Defendants. NYO ee WY FP mre HA HDB IN FBT mr OBO RO DD DN | NHN NO NO WD FP NO OH LN KN wNoO SN wo oo No 2 COMPLAINT TABLE OF CONTENTS eS Page NH TABLE OF CONTENTS... ccceeesscseeseseneeseeeececeecseecesenesseseeccseeecseseeesessssesesecsesesscsesasseeeseseeasanseaneess 3 WD INTRODUCTION ou... ecscsceessrssesesesecsenecsecseeeceessesaesseeesesseeseseesesseseeseasesesssssesessecseseeseeseesenecseeatsaens 5 BP PARTIES oc ccccccccsscscsscsecsessesseneesssseeacsecsesseseesesscaeaesaessenseseeaessesecsecacseeseenenaeseessecesasseesseaesesseeaeseeaseeeasens 6 NT I. Plaintiffs... ccc csesssccnssscssesescesecscecesesecscsececseceeseeesesenseecsesecseseesesesseseseseeseeessseeessesteees 6 WN Il. Defendants 0.0.0... eseeeeseeeeeeeeees sesseescesscsessesaeeseessensesaesasceseseaeesseaeeasesecaeeaesareneeaesseeneens 15 JT A. Doe Defendant... eeceesessceseesssseseescsersesseeeaeeesecesesseeesenseeecsecaeeseateneesseees 16 CO JURISDICTION AND VENUE ...... cs cccsccsesssseseseseeseseseesesecacsecesesecseueseseseccesesacseeesecsecacsesacsesesseaeeesecees 18 Oo FACTUAL ALLEGATIONS .... i iccccccecssessssessessesseeecseesensesaesecsecseecsessenesseesesaeseessecesesseesseeesessesseseees 19 rvAaAaaskrau7xifs I. Regulatory History of Ranitidine-Containing Products..........ccccccsccscsssesssccessersesseeeess 19 I. Recalls and the FDA’S Bane... ccc ecccessesseesseeeeereceeesesseeessessenacseesesessesseeaseeeeessessterens 21 WI. Dangers of NDMA Qu... ccceeescesccssecsseeseeescesseceneceeessesseeesscnseeseesseeseesseseaeseaeenseeseenaees 25 IV. How Ranitidine Transforms into NDMA Within the Human Body..............:ccceeeee 30 A. Formation of NDMA in the Environment of the Human Stomach .................. 31 B. Formation of NDMA in the Other Organs of Human Body ............ cece 38 C. Formation of NDMA by Exposure to Heat and/or Time ........eeeceeeeeeseeeeeeeee 40 D. Evidence Also Directly Links Ranitidine Exposure to Cancer..........cceceees 42 Ce V. Doe Defendants Made False Statements in the Labeling of Their Ranitidine- Containing Products... ceeesesessscsecsecesesseescesesseeseeeessetsesensssseceeaesseeseeaessecseeeenesaeenes 44 OO YF © OD VI. Defendants Knew or Should Have Known of the NDMA Risk ..0....cceeceeeteeeeeeeeeeeees 44 IE VI. Exemplary / Punitive Damages Allegations (Against Doe Defendants) ................4. 48 CO BH CO SUE VUI. Equitable Tolling/Estoppel ....... ccc cecccccccsssssecceeneesecteeececeacesceaceeeesesseesesseraeeaesaeeseeneens 48 CO SE CAUSES OF ACTION occ ceccceccescsseseseeeeseseeeseeeescsenesaesecaceesseseeseseseeseseeeseseseaeeceaeeasaceesessenevaceeneaentes 49 BF OE COUNT I: STRICT PRODUCTS LIABILITY — FAILURE TO WARN 0... cece 49 Ra COUNT II: STRICT PRODUCTS LIABILITY — MANUFACTURING DEFECT ............. 53 COUNT II: NEGLIGENCE 0... cecsceseeeeseceecceeesesseeseevseeecsecseeesessesesnecsesseseseeenseessesneeaees 54 SS JURY TRIAL DEMAND 0.0... ccccccceceeeececceeeseceeseeseeeeseenessesecnessesscserseeasateaesassesneneeseeseraseasseesessessseseges 56 COMPLAINT N N N NO NO NO N nN iw} — 7 — — _ — — oy — — oO NN DWN WNW BP WW NO FY OD ODO TFB HN WB NH FBR WO NY YK &D Oo CO JT DBD NW F&F WD NYO v PRAYER FOR RELIEF 4 COMPLAINT INTRODUCTION . 1. This is a personal injury action for damages relating to Defendants’ design, NO manufacture, sale, marketing, advertising, promotion, testing, labeling, packaging, handling, WO distribution, and storage of ranitidine-containing drugs including the brand name, Zantac, and its FBP various generic forms (“Ranitidine-Containing Drugs,” unless specifically identified). Wn 2. Plaintiffs bring this action for personal injuries suffered as a result of ingesting the NHN defective and unreasonably dangerous Ranitidine-Containing Drugs and developing various cancers NAN and their sequelae as a result of this ingestion. oOo 3. As more particularly set forth herein, Plaintiffs maintain that the Ranitidine- Oo Containing Drugs they ingested are defective, dangerous to human health, unfit and unsuitable to be RBanas advertised, marketed, and sold in the United States, were manufactured improperly, and lacked eae proper warnings of the dangers associated with their use. a 4. N-Nitrosodimethylamine (““NDMA”) is a potent carcinogen. Discovered as a es biproduct in manufacturing rocket fuel in the early 1900s, today, its only use is to induce tumors in animals as part of laboratory experiments. Its only function is to cause cancer. It has no business Aa being in a human body. 5. Zantac, the popular antacid medication that was used by millions of people every day, Cwd ROO leads to the production of staggering amounts of NDMA when it is digested by the human body. The U.S. Food and Drug Administration’s (“FDA”) allowable daily limit of NDMA is 96 ng (nanograms) and yet, in a single dose of Zantac, researchers are discovering over 3 million ng. F&F 6. These recent revelations by independent researchers have caused widespread recalls of DN BHF Zantac and its generic forms both domestically and internationally, including the domestic recall by dN the current owner and controller of the Zantac new drug application (“NDA”). Recently, on April 1, DY 2020, the FDA banned all Ranitidine-Containing Drugs sold in the United States. NO BR 7. The high levels of NDMA observed in Ranitidine-Containing Drugs is a function of NO the ranitidine molecule: (1) the way it breaks down in the human digestive system; and (2) the way it RR Oo breaks down when exposed to heat, in particular, during transport and storage. SNS 8. This lawsuit seeks to hold Defendants responsible for defective design, manufacturing, 5 COMPLAINT sale, handling, distribution, and storage that caused Plaintiffs’ severe injuries. = PARTIES NNO I. Plaintiffs WO 9. Plaintiff Peggy L. Lupo consumed Ranitidine-Containing Drugs. As a direct and FSF proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed On with cancer. Safeway, Inc., Safeway Health, Inc., The Vons Companies, Inc., Kaiser Permanente DB International, and Grocery Outlet supplied Plaintiff with the Ranitidine-Containing Drugs which NY caused Plaintiff's injuries. Oo 10. Plaintiff Joseph D. Acquistapace consumed Ranitidine-Containing Drugs. As a direct oOo and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was OS diagnosed with cancer. Safeway, Inc., Safeway Health, Inc., and Kaiser Permanente International KF supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiffs injuries. Ee NY 11. Plaintiff Triess Toole consumed Ranitidine-Containing Drugs. As a direct and ee WY proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed Fe FP with cancer. Safeway, Inc., Safeway Health, Inc., and Kaiser Permanente International supplied HF HH Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries. FF 12. Plaintiff Lisa C. McMillin consumed Ranitidine-Containing Drugs. As a direct and ID RP proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed Fe RP with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- OO YH Containing Drugs which caused Plaintiff’s injuries. CO N 13. Plaintiff Pamela E. Goode consumed Ranitidine-Containing Drugs. As a direct and KH NY proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NY NY with cancer. The Vons Companies, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs WD NY which caused Plaintiff's injuries. BP NY 14. Plaintiff Dennis E. Bush consumed Ranitidine-Containing Drugs. As a direct and UN NY proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed ON VY with cancer. The Vons Companies, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs po oN which caused Plaintiffs injuries. wo 6 COMPLAINT 15. Plaintiff Linda R. Smith consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NY with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- WY Containing Drugs which caused Plaintiff’s injuries. FF 16. _—_— Plaintiff Pamela J. Polzin consumed Ranitidine-Containing Drugs. As a direct and Nn proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NHN with cancer. Grocery Outlet supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries. DH 17. Plaintiff Martin B. Lugo, Sr. consumed Ranitidine-Containing Drugs. As a direct and Co proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed BD Rl with cancer. Kaiser Permanente International and Grocery Outlet supplied Plaintiff with the S| Re Ranitidine-Containing Drugs which caused Plaintiff's injuries. NY Re 18. Plaintiff Tommy Glensor consumed Ranitidine-Containing Drugs. As a direct and WY Re proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed PP RO with cancer. Kaiser Permanente International supplied Plaintiff with the Ranitidine-Containing DO Drugs which caused Plaintiff's injuries. Re 19.‘ Plaintiff Lynda J. Habedanck consumed Ranitidine-Containing Drugs. As a direct and HS proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed Oo Re with cancer. Kaiser Permanente International supplied Plaintiff with the Ranitidine-Containing CO Re Drugs which caused Plaintiff’s injuries. OD KN 20. Plaintiff Jack J. Carrasco consumed Ranitidine-Containing Drugs. As a direct and NO KF proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NY NO with cancer. The Vons Companies, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs WY VN which caused Plaintiffs injuries. BR DN 21. Plaintiff Benjamin A. Andres consumed Ranitidine-Containing Drugs. As a direct and AW bP proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed ONO po with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- po oN Containing Drugs which caused Plaintiff's injuries. NO 7 - COMPLAINT 22. Plaintiff Michael A. Abbene consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- WH Containing Drugs which caused Plaintiff’s injuries. HP 23. Plaintiff Jack Hicks consumed Ranitidine-Containing Drugs. As a direct and WN proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed WN with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- ~JQJT Containing Drugs which caused Plaintiff's injuries. CoO 24. Plaintiff Richard W. Ott consumed Ranitidine-Containing Drugs. As a direct and Oo proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed le with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- EO Containing Drugs which caused Plaintiff's injuries. 0 25. Plaintiff Helga F. Carrasco consumed Ranitidine-Containing Drugs. As a direct and Re > proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed Os with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- Containing Drugs which caused Plaintiff's injuries. © 26. Plaintiff Jonathan H. Schuster consumed Ranitidine-Containing Drugs. As a direct RR and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was © > diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the © o> Ranitidine-Containing Drugs which caused Plaintiffs injuries. DN 27. Plaintiff Amir Avdic consumed Ranitidine-Containing Drugs. As a direct and DN OE proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NO EO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- NY COS Containing Drugs which caused Plaintiff's injuries. | HN © 0 EE 28. Plaintiff Patricia L. Kirksey consumed Ranitidine-Containing Drugs. As a direct and NYO OE proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed PO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- po en Containing Drugs which caused Plaintiffs injuries. Oo [oro 8 COMPLAINT 29. _— Plaintiff Gregory V. Sauer consumed Ranitidine-Containing Drugs. As a direct and ta proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed bv with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- Ww Containing Drugs which caused Plaintiff’s injuries. & 30. ‘Plaintiff Polly A. Robinson consumed Ranitidine-Containing Drugs. As a direct and NID proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- Containing Drugs which caused Plaintiff's injuries. Oo 31. Plaintiff Stuart P. Juravel consumed Ranitidine-Containing Drugs. As a direct and oO 10 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 11 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 12 Containing Drugs which caused Plaintiff’s injuries. 13 32. Plaintiff Candice Howze consumed Ranitidine-Containing Drugs. As a direct and 14 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 15 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 16 Containing Drugs which caused Plaintiffs injuries. 17 33. Plaintiff Jacqueline L. Bonney consumed Ranitidine-Containing Drugs. As a direct 18 and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was 19 diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the 20 Ranitidine-Containing Drugs which caused Plaintiffs injuries. 21 34. Plaintiff Maria A. Gilmore consumed Ranitidine-Containing Drugs. As a direct and 22 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 23 with cancer. Safeway, Inc., Safeway Health, Inc., and Grocery Outlet supplied Plaintiff with the 24 Ranitidine-Containing Drugs which caused Plaintiff's injuries. 25 35. Plaintiff Joseph Raff consumed Ranitidine-Containing Drugs. As a direct and 26 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 27 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 28 Containing Drugs which caused Plaintiff's injuries. 9 COMPLAINT 36. Plaintiff Salvatore F. Dimauro consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was WN diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the W Ranitidine-Containing Drugs which caused Plaintiff's injuries. FSF 37. Plaintiff Nita Chandler, Plaintiff, on behalf of Sarah A. Chandler, Decedent consumed vn Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic DB Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway JT Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries. CO 38. Plaintiff Ira Ginsburg consumed Ranitidine-Containing Drugs. As a direct and Oo 10 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 1 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 12 Containing Drugs which caused Plaintiff's injuries. 13 39. ‘Plaintiff Cecilia Silva consumed Ranitidine-Containing Drugs. As a direct and 14 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 15 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 16 Containing Drugs which caused Plaintiff's injuries. 17 40. Plaintiff Naoko Miles consumed Ranitidine-Containing Drugs. As a direct and 18 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 19 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 20 Containing Drugs which caused Plaintiff's injuries. 21 41. Plaintiff Tamika Bostic consumed Ranitidine-Containing Drugs. As a direct and 22 proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed 23 with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- 24 Containing Drugs which caused Plaintiffs injuries. 25 42. Plaintiff Donna DeJohn, Plaintiff, on behalf of James P. DeJohn, Decedent consumed 26 Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic 27 Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway 28 Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiffs injuries. 10 COMPLAINT 43. Plaintiff Audrey Young consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- WD Containing Drugs which caused Plaintiff's injuries. FP 44. Plaintiff Stephen J. Johnson consumed Ranitidine-Containing Drugs. As a direct and nA proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed DB with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- ST Containing Drugs which caused Plaintiff's injuries. CO 45. Plaintiff Danny J. Sacconi consumed Ranitidine-Containing Drugs. As a direct and Oo proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed SS Re with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- BNF RE Containing Drugs which caused Plaintiffs injuries. 46. Plaintiff Leslie Beaver Pittges consumed Ranitidine-Containing Drugs. As a direct Re Re and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was Re Hawn diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries. RRR 47. Plaintiff Audrey A. Woolsey consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed Ce with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- Containing Drugs which caused Plaintiff’ s injuries. F&F NO 48. Plaintiff Jeanice Hays consumed Ranitidine-Containing Drugs. As a direct and *F KN proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed KN BHR with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- HN Containing Drugs which caused Plaintiff's injuries. NbN RBRR 49. Plaintiff Jane Dial consumed Ranitidine-Containing Drugs. As a direct and proximate NN result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. wpo Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs Oo Ss which caused Plaintiff’s injuries. 11 COMPLAINT 50. Plaintiff Robert R. Diles consumed Ranitidine-Containing Drugs. As a direct and Ke proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- WC Containing Drugs which caused Plaintiff’s injuries. BP 51. Plaintiff Robert Adams consumed Ranitidine-Containing Drugs. As a direct and WA proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed DR with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- NN Containing Drugs which caused Plaintiff's injuries. Co 52. Plaintiff Patti T. Salladay consumed Ranitidine-Containing Drugs. As a direct and Oo proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed Rl with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- Containing Drugs which caused Plaintiff’s injuries. Re 0 53. Plaintiff Gretchen Stahmer consumed Ranitidine-Containing Drugs. As a direct and Re © > Re proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- Rr © 2 Containing Drugs which caused Plaintiffs injuries. © > Re 54. Plaintiff Sylvia C. Tyson, Plaintiff, on behalf of William S. Tyson, Jr., Decedent consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic ee So Ranitidine-Containing Drugs, Plaintiff was diagnosed with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine-Containing Drugs which caused Plaintiff's injuries. DN 55. Plaintiff Terry R. Knowles consumed Ranitidine-Containing Drugs. As a direct and DN proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NN OO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- © © NY CO Containing Drugs which caused Plaintiffs injuries. WN EE 56. Plaintiff Philip J. Mann consumed Ranitidine-Containing Drugs. As a direct and © 9 NY EE proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed NYO EE © with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- wo es Containing Drugs which caused Plaintiff's injuries. wo ore 12 COMPLAINT 57. Plaintiff Peter M. Ellenby consumed Ranitidine-Containing Drugs. As a direct and proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed HNO with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- WD Containing Drugs which caused Plaintiff’s injuries. FP 58. Plaintiff Brenda D. Parsons consumed Ranitidine-Containing Drugs. As a direct and Wn proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed DN with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- IN Containing Drugs which caused Plaintiff’s injuries. Oo 59. Plaintiff Virginia L. Doty consumed Ranitidine-Containing Drugs. As a direct and | Oo proximate result of consuming carcinogenic Ranitidine-Containing Drugs, Plaintiff was diagnosed OC with cancer. Safeway, Inc. and Safeway Health, Inc. supplied Plaintiff with the Ranitidine- | ee Containing Drugs which caused Plaintiff's injuries. YY ee 60. Had any Defendant warned Plaintiffs that Ranitidine-Containing Drugs could lead to WD exposure to NDMA or, in turn, cancer, Plaintiffs would not have taken Ranitidine-Containing Drugs. BP 61. Plaintiffs are informed and believe and based thereon allege that as a direct and DAW ER proximate result of Plaintiffs’ use of and/or exposure to Ranitidine-Containing Drugs supplied and distributed by Defendants herein, Plaintiffs suffered significant harm, conscious pain and suffering, HN mr physical injury and bodily impairment including, but not limited to cancer, other permanent physical Fe deficits, permanent bodily impairment and other sequelae. Plaintiffs’ injuries required Oo OR hospitalizations, in-patient surgeries, medication treatments, and other therapies to address the OO adverse physical effects and damage caused by Plaintiffs’ use of and/or exposure to Ranitidine- FY DN Containing Drugs. NO NY 62. Asadirect and proximate result of the wrongful conduct, acts, omissions, fraudulent WD NY concealments, fraudulent misrepresentations, and fraudulent business practices by Defendants and BP KN DOES 1 through 100, inclusive, Plaintiffs used and/or were exposed to Ranitidine-Containing Drugs OO NY and were diagnosed with serious health injuries including cancer. ONO PO 63. Asaresult of using and/or being exposed to Defendants’ Ranitidine-Containing YN NO Drugs, Plaintiffs have been permanently and severely injured, having suffered serious consequences oOo Oo 13 COMPLAINT from Ranitidine-Containing Drugs 64. Asa further direct and proximate result of defects in Ranitidine-Containing Drugs and YP the wrongful conduct, acts, omissions, and fraudulent misrepresentations of Defendants, Plaintiffs WY suffered severe mental and physical pain and have and will sustain permanent injuries and emotional FF distress, along with economic loss due to medical expenses and living-related expenses as a result of AW lifestyle changes. Dn 65. Asa further direct and proximate result of defects in Ranitidine-Containing Drugs and HN the wrongful conduct, acts, omissions, and fraudulent misrepresentations of Defendants, Plaintiffs Oo required extensive emergency medical treatment, health care, attention and services, thereby So incurring medical, incidental, and service expenses pertaining to emergency medical treatments and aQAaskRanrves Ree procedures undertaken in efforts to maintain and/or save Plaintiffs. 66. Plaintiffs are individuals who suffered damages as a result of injuries resulting from wwe Re Plaintiffs’ use and/or exposure to Ranitidine-Containing Drugs and are authorized to bring an action for the causes of actions alleged herein including, but not limited to, injuries and damages sustained by Plaintiffs, resulting from Plaintiffs’ use and/or exposure to Ranitidine-Containing Drugs. Said injuries and damages sustained by Plaintiffs were caused or substantially contributed to by the wrongful conduct of Defendants and DOES 1 through 100, inclusive. DVD 67. The product warnings for Ranitidine-Containing Drugs in effect during the time period Ce Plaintiffs used and/or were exposed to Ranitidine-Containing Drugs were vague, incomplete or otherwise inadequate, both substantively and graphically, to alert consumers to the severe health risks FSF NO associated with Ranitidine-Containing Drugs use and/or exposure. NNO *F 68. The Defendants and DOES 1| through 100, and each of them, inclusive, did not NYO BH provide adequate warnings to consumers including Plaintiffs and the general public about the YN increased risk of serious adverse events that are described herein. NYO NRRR 69. _—_ Had Plaintiffs been adequately warned of the potential life-threatening side effects of NO the Defendants’ and DOES 1 through 100, and each of them, inclusive, Ranitidine-Containing Drugs, NO Plaintiffs would not have purchased, used or been exposed to Ranitidine-Containing Drugs. 70. By reason of the foregoing, Plaintiffs developed serious and dangerous side effects SBS N 14 COMPLAINT including cancer and other cancers, related sequelae, physical pain and suffering, mental anguish, and loss of enjoyment of life. By reason of the foregoing, Plaintiffs suffered economic losses and special NO damages including, but not limited to, loss of earning and medical expenses. Plaintiffs’ general and WD special damages are in excess of the jurisdictional limits of the Court. FSF 71. Plaintiffs have reviewed their potential legal claims and causes of action against the A Defendants and have intentionally chosen only to pursue claims based on state law. Any reference to DBD any federal agency, regulation or rule is stated solely as background information and does not raise a SN federal question. Plaintiffs have chosen to only pursue claims based on state law and are not making CO any claims which raise federal questions. Accordingly, Plaintiffs contend that California State Oo jurisdiction and venue is proper. I. Defendants 72. Defendant Safeway, Inc. is a Delaware corporation with its headquarters and principal place of business located at 11555 Dublin Canyon Rd., Pleasanton, California 94588. Safeway, Inc. NR is a wholly owned subsidiary of Albertons Companies, Inc. Safeway, Inc. is a citizen of California and Delaware and is not a citizen of any other state. At all relevant times, Safeway, Inc. has conducted business and derived substantial revenue from its advertising, selling, and marketing of Ranitidine-Containing Drugs within Alameda County and the State of California. 73. Defendant Safeway Health, Inc. is a Delaware corporation with its headquarters and principal place of business located at 11555 Dublin Canyon Rd., Pleasanton, California 94588. Safeway Health, Inc. is a citizen of California and Delaware and is not a citizen of any other state. At all relevant times, Safeway Health Inc. has conducted business and derived substantial revenue from NR its labeling, distribution, and marketing of generic Ranitidine-Containing Drugs in Alameda County NO and the State of California. Safeway Health Inc., labeled, distributed, and marketed generic NO Ranitidine-Containing Drugs manufactured by Perrigo Company, ple and Dr. Reddy’s Laboratories NR Ltd on behalf of Defendant Safeway, Inc. and labeled and marketed by Safeway Health, Inc. as “Safeway Care” products. 74. — Collectively, Defendants Safeway Inc. and Safeway Health, Inc. are referred to as Safeway. 15 COMPLAINT 75. The Vons Companies, Inc. (“Vons”) is a Michigan Corporation with its headquarters = and principal place of business located at 11555 Dublin Canyon Rd., Pleasanton, California 94588. PO Vons is a wholly owned subsidiary of Albertons Companies, Inc. Vons is a citizen of California and WO Delaware and is not a citizen of any other state. At all relevant times, Vons has conducted business FP and derived substantial revenue from its advertising, selling, and marketing of Ranitidine-Containing NO Drugs within Alameda County and the State of California. NHN 76. Defendant Grocery Outlet is a California corporation with its headquarters and SN principal place of business located at 5650 Hollis Street, Emeryville, California 94608. At all FSF relevant times, Grocery Outlet has conducted business and derived substantial revenue from its mo advertising, selling, and marketing of Ranitidine-Containing Drugs within Alameda County and the RW_Aaaszranstese eee State of California. 77. Defendant Kaiser Permanente International (“Kaiser”) is a California corporation with its headquarters and principal place of business located at One Kaiser Plaza, Oakland, California 94612. At all relevant times, Kaiser has conducted business and derived substantial revenue from its selling of Ranitidine-Containing Drugs within Alameda County and the State of California by operating a pharmacy which dispenses Ranitidine-Containing Drugs. A. Doe Defendants wm 78. The true names and/or capacities, whether individual, corporate, partnership, Ce associate, governmental, or otherwise, of Defendants DOES 1 through 100, inclusive, and each of them, are unknown to Plaintiffs at this time, who therefore sues said Defendants by such fictitious F&F NO names. Plaintiffs are informed and believes, and thereon alleges, that each Defendant designated NO YF herein as a DOE caused injuries and damages proximately thereby to Plaintiffs as hereinafter alleged; NYO BEB and that each DOE Defendant is liable to the Plaintiffs for the acts and omissions alleged herein PO below, and the resulting injuries to Plaintiffs, and damages sustained by Plaintiffs. Plaintiffs will dN SNRBR amend this Complaint to allege the true names and capacities of said DOE Defendants when that Pp same is ascertained. NO 79. Plaintiffs are informed and believe, and thereon allege, that at all times herein mentioned, each of the Defendants and each of the DOE Defendants was the agent, servant, 16 COMPLAINT employee and/or joint venturer of the other co-Defendants and other DOE Defendants, and each of eH them, and at all said times, each Defendants and each DOE Defendant was acting in the full course, NO scope and authority of said agency, service, employment and/or joint venture. WD 80. Plaintiffs are informed and believe and allege that at all times mentioned herein, FP Defendants and DOES 1 through 100, inclusive, and each of them, were also known as, formerly WO known as and/or were the successors and/or predecessors in interest/business/product line/or a DB portion thereof, assigns, a parent, a subsidiary (wholly or partially owned by, or the whole or partial SF owner), affiliate, partner, co-venturer, merged company, alter egos, agents, equitable trustees and/or CO fiduciaries of and/or were members in an entity or entities engaged in the funding, researching, oO studying, manufacturing, fabricating, designing, developing, labeling, assembling, distributing, D&D le supplying, leasing, buying, offering for sale, selling, inspecting, servicing, contracting others for KY ESOL RE marketing, warranting, rebranding, manufacturing for others, packaging and advertising of NY EPO Ranitidine-Containing Drugs. Defendants and DOES | through 100, inclusive, and each of them, are YD FOO liable for the acts, omissions and tortious conduct of its successors and/or predecessors in SF interest/business/product line/or a portion thereof, assigns, parent, subsidiary, affiliate, partner, co- HN FSF venturer, merged company, alter ego, agent, equitable trustee, fiduciary and/or its alternate entities in DN FY that Defendants and DOES 1 through 100, inclusive, and each of them, enjoy the goodwill originally NTN KR OOO attached to each such alternate entity, acquired the assets or product line (or portion thereof), and in YF that there has been a virtual destruction of Plaintiffs’ remedy against each such alternate entity, and KF OO that each such Defendants has the ability to assume the risk spreading role of each such alternate NO entity. YF WN 81. Plaintiffs are informed and believe, and thereon allege, that at all times herein Ne NY mentioned, that Defendants and DOES 1 through 100, inclusive, and each of them, were and are WOW KN corporations organized and existing under the laws of the State of California or the laws of some state BP NHN or foreign jurisdiction; that each of the said Defendants and DOE Defendants were and are authorized WN DN to do and are doing business in the State of California and regularly conducted business in Alameda ON bv County and the State of California. po oN bo 17 COMPLAINT 82. Upon information and belief,at relevant times, Defendants and DOES 1 through 100, HS and each of them, inclusive, were engaged in the business of researching, developing, designing, HN licensing, manufacturing, distributing, selling, marketing, and/or introducing into interstate WD commerce and into the State of California, including in Alameda County, either directly or indirectly FP through third parties or related entities, Ranitidine-Containing Drugs. WN 83. At relevant times, Defendants and DOES 1 through 100, inclusive, and each of them, DB conducted regular and sustained business and engaged in substantial commerce and business activity ST in the State of California, which included but was not limited to selling, marketing and distributing © Ranitidine-Containing Drugs in Alameda County and the State of California. Oo 84. At all relevant times, Defendants and DOES 1 through 100, inclusive, and each of OS Sele