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ssae -a- I -UV a
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ATTORNEYOR PARTYWITHOUT ATTORNEY(Name, Stare Bar number, and address):
A. King Aminpour, Esq. (SBN: 183534);Jeffrey L. Bodily, Esq.(SBN:143559) riva_ EP? cRtifirtiab
WY: I — -
Ashley V. LaFontaine, Esq. (SBN: 249387) CI :VIRAL CIPII3r.
AMINPOUR & ASSOCIATES
317 Ash Street, San Diego, CA. 92101 2016 MAY I 0 PH I: 44
TELEPHONE NO:(619) 238-1177 FAX NO. (OPINna0:
(Opilonag:
E4AAIL ADDRESS
Amanda Swulius
.â–
11 EriC SWEalOR COW
ATTORNEY FOR (Name): SAN £1E3() CCUNTY. CA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego C --))
STREET ADDRESS:330 West Broadway
330 West Broadway
MAILING ADDRESS:
San Diego, CA. 92101
CITY AND ZIP CODE:
BRANCH 'LAME:Central
PLAINTIFF: Amanda SWUllUS
DEFENDANT: Crazy Bowls & Wraps, CA, Inc.
I DOES 1 TO 10
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number):
Type (check all that apply):
MOTOR VEHICLE OTHER (specify):
Property Damage Wrongful Death
I I I Personal Injury Other Damages (specify):
Jurisdiction (check all that apply):
CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000 37-20 16-00015517-CL-PO-CTL
I exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint
from limited to unlimited
from unlimited to limited
. —. . ..._ .
. riarnun (name or names : A manda Swulius
alleges causes of action against defendant (name or names):
Crazy Bowls & Wraps, CA, INC.
2. This pleading, including attachments and exhibits, consists of the following number of
pages: 4
3. Each plaintiff named above is a competent adult
a. ni except plaintiff (name):
(1) ni a corporation qualified to do business in California
(2) 1- 1 an unincorporated entity (describe):
(3) r-•-1 a public entity (describe):
(4) In a minor En an adult
(a)In for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b)In other (specify):
(5) In other (specify):
b. In except plaintiff (name):
(1)TT a corporation qualified to do business in California
(2)In an unincorporated entity (describe):
(3)In a public entity (describe):
(4)In a minor In an adult
(a)In for whom a guardian or conservator of the estate or a guardian ad !item has been appointed
(b)Inj other (specify):
(5)Tfl other (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
POEM Appf0Ved for Optional Use Page 1 of 3
Judicial Couriall of California COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12
PLO-PI-031 Ray. January 1, 2007l aninycourento.ca_goy
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER;
SWLIIIIIS VS. Crazy Bowls & Wraps, CA, INC.
4. Plaintiff (name):
is doing business under the fictitious name
(specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person ,
a. MN except defendant (name): Crazy Bowls & Wraps c. I-7 except defendant (name):
(1) a business organization, form unknown (1)I-7 a business organization, form unknown
(2) la a corporation (2)in a corporation
(3)in an unincorporated entity (describe): (3)I-7 an unincorporated entity (describe):
(4)m a public entity (describe): (4)F—I a public entity (describe):
(5) Inj other (specify): (5) I= other (specify):
b. except defendant (name): d. I—I except defendant (name):
(1)I-1 a business organization, form unknown (1)rn a business organization, form unknown
(2)I—I a corporation (2) a corporation
(3)El an unincorporated entity (describe): (3)F-7 an unincorporated entity (describe):
(4)I—I a public entity (describe): (4)F-1 a public entity (describe):
(5) = other (specify): (5) C other (specify):
Inf Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a. fli Doe defendants (specify Doe numbers): were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. I I Doe defendants (specify Doe numbers): are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. MN at least one defendant now resides in its jurisdictional area.
b. WA the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. fl injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. 1-7 Plaintiff is required to comply with a claims statute, and
a. C has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 20071
COMPLAINT—Personal Injury, Property Page 2013
Damage, Wrongful Death
PLD-P1-001
SHORT TITLE: CASE NUMBER:
SWUHUS vs. Crazy Bowls & Wraps, CA, INC.
10. The following causes of action are attached and the statements above apply to each(each complaint must have one or more
causes of action attached):
a. fli Motor Vehicle
b. MI General Negligence
c. Intentional Tort
d.in Products Liability
e. C Premises Liability
f. In Other (specify):
11. Plaintiff has suffered
a. MI wage loss
b.In loss of use of property
c. fl hospital and medical expenses
d. NM general damage
e. property damage
f. 1151I loss of earning capacity
g.m other damage (specify):
12. In The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. Inj listed in Attachment 12.
b.In as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) U compensatory damages
(2) In punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) EN according to proof
(2) in the amount of: $
15. In The paragraphs of this complaint alleged on information and belief are as follows(specify paragraph numbers):
May 10, 2016
Date .
Ashley V. LaFontaine, Esq.
(TYPE OR PRINT NAME)
PLD-PI-001 [Rey. January 1, 20071
COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
SwIllittS vs. Crazy Bowls & Wraps, CA, INC.
First CAUSE OF ACTION—General Negligence Page 4
(number)
ATTACHMENT TO la Complaint I—I Cross - Complaint
(Use a separate cause of action form for each cause of action.)
ON-i. Plaintiff (name):Amanda Swulius
alleges that defendant (name): Crazy Bowls & Wraps, CA, INC.
I= Does 1 to 10
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): October 6, 2014
at (place):Crazy Bowls & Wraps, CA, INC. 5664 Mission Center Road San Diego, CA. 92108
(description of reasons for liability):
The Plaintiff was served a meal that she ordered off of a Gluten Free menu. The meal ultimately
contained gluten, causing an allergic reaction, setting off a series of events. Defendant had a duty
to provide Plaintiff with a gluten free meal. Defendant was negligent in that it provided a meal
that contained gluten. The gluten proximately caused Plaintiffs injury. Plaintiff suffered damages
as a result of ingesting the gluten.
Page 1 of 1
Fawn Approved for Opacoal Use
Code cf CM Procedure 425.12
Judicial Council of Califirnia CAUSE OF ACTION—General Negligence wrwi.courtInfo.ca.gov
PLD-PI-001(2) (Rev. JEITUaly 1, 2907]
Preview
ssae -a- I -UV a — ATTORNEYOR PARTYWITHOUT ATTORNEY(Name, Stare Bar number, and address): A. King Aminpour, Esq. (SBN: 183534);Jeffrey L. Bodily, Esq.(SBN:143559) riva_ EP? cRtifirtiab WY: I — - Ashley V. LaFontaine, Esq. (SBN: 249387) CI :VIRAL CIPII3r. AMINPOUR & ASSOCIATES 317 Ash Street, San Diego, CA. 92101 2016 MAY I 0 PH I: 44 TELEPHONE NO:(619) 238-1177 FAX NO. (OPINna0: (Opilonag: E4AAIL ADDRESS Amanda Swulius .■11 EriC SWEalOR COW ATTORNEY FOR (Name): SAN £1E3() CCUNTY. CA SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego C --)) STREET ADDRESS:330 West Broadway 330 West Broadway MAILING ADDRESS: San Diego, CA. 92101 CITY AND ZIP CODE: BRANCH 'LAME:Central PLAINTIFF: Amanda SWUllUS DEFENDANT: Crazy Bowls & Wraps, CA, Inc. I DOES 1 TO 10 COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): Property Damage Wrongful Death I I I Personal Injury Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 37-20 16-00015517-CL-PO-CTL I exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited . —. . ..._ . . riarnun (name or names : A manda Swulius alleges causes of action against defendant (name or names): Crazy Bowls & Wraps, CA, INC. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. ni except plaintiff (name): (1) ni a corporation qualified to do business in California (2) 1- 1 an unincorporated entity (describe): (3) r-•-1 a public entity (describe): (4) In a minor En an adult (a)In for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)In other (specify): (5) In other (specify): b. In except plaintiff (name): (1)TT a corporation qualified to do business in California (2)In an unincorporated entity (describe): (3)In a public entity (describe): (4)In a minor In an adult (a)In for whom a guardian or conservator of the estate or a guardian ad !item has been appointed (b)Inj other (specify): (5)Tfl other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. POEM Appf0Ved for Optional Use Page 1 of 3 Judicial Couriall of California COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12 PLO-PI-031 Ray. January 1, 2007l aninycourento.ca_goy Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER; SWLIIIIIS VS. Crazy Bowls & Wraps, CA, INC. 4. Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person , a. MN except defendant (name): Crazy Bowls & Wraps c. I-7 except defendant (name): (1) a business organization, form unknown (1)I-7 a business organization, form unknown (2) la a corporation (2)in a corporation (3)in an unincorporated entity (describe): (3)I-7 an unincorporated entity (describe): (4)m a public entity (describe): (4)F—I a public entity (describe): (5) Inj other (specify): (5) I= other (specify): b. except defendant (name): d. I—I except defendant (name): (1)I-1 a business organization, form unknown (1)rn a business organization, form unknown (2)I—I a corporation (2) a corporation (3)El an unincorporated entity (describe): (3)F-7 an unincorporated entity (describe): (4)I—I a public entity (describe): (4)F-1 a public entity (describe): (5) = other (specify): (5) C other (specify): Inf Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. fli Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. I I Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. MN at least one defendant now resides in its jurisdictional area. b. WA the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. fl injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. 1-7 Plaintiff is required to comply with a claims statute, and a. C has complied with applicable claims statutes, or b. is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 20071 COMPLAINT—Personal Injury, Property Page 2013 Damage, Wrongful Death PLD-P1-001 SHORT TITLE: CASE NUMBER: SWUHUS vs. Crazy Bowls & Wraps, CA, INC. 10. The following causes of action are attached and the statements above apply to each(each complaint must have one or more causes of action attached): a. fli Motor Vehicle b. MI General Negligence c. Intentional Tort d.in Products Liability e. C Premises Liability f. In Other (specify): 11. Plaintiff has suffered a. MI wage loss b.In loss of use of property c. fl hospital and medical expenses d. NM general damage e. property damage f. 1151I loss of earning capacity g.m other damage (specify): 12. In The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. Inj listed in Attachment 12. b.In as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) U compensatory damages (2) In punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) EN according to proof (2) in the amount of: $ 15. In The paragraphs of this complaint alleged on information and belief are as follows(specify paragraph numbers): May 10, 2016 Date . Ashley V. LaFontaine, Esq. (TYPE OR PRINT NAME) PLD-PI-001 [Rey. January 1, 20071 COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(2) SHORT TITLE: CASE NUMBER: SwIllittS vs. Crazy Bowls & Wraps, CA, INC. First CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENT TO la Complaint I—I Cross - Complaint (Use a separate cause of action form for each cause of action.) ON-i. Plaintiff (name):Amanda Swulius alleges that defendant (name): Crazy Bowls & Wraps, CA, INC. I= Does 1 to 10 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): October 6, 2014 at (place):Crazy Bowls & Wraps, CA, INC. 5664 Mission Center Road San Diego, CA. 92108 (description of reasons for liability): The Plaintiff was served a meal that she ordered off of a Gluten Free menu. The meal ultimately contained gluten, causing an allergic reaction, setting off a series of events. Defendant had a duty to provide Plaintiff with a gluten free meal. Defendant was negligent in that it provided a meal that contained gluten. The gluten proximately caused Plaintiffs injury. Plaintiff suffered damages as a result of ingesting the gluten. Page 1 of 1 Fawn Approved for Opacoal Use Code cf CM Procedure 425.12 Judicial Council of Califirnia CAUSE OF ACTION—General Negligence wrwi.courtInfo.ca.gov PLD-PI-001(2) (Rev. JEITUaly 1, 2907]