CC SR 20160503 E - Claim Against the City - Yu Living TrustRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/03/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding a claim against the City by the Yu Living
Trust, Shan Y. Yu and Anna Y. K. Yu
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Carla Morreale, City Clerk
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager 1*0-
-�l
ATTACHED SUPPORTING DOCUMENTS:
A. Claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant alleges that the claim, filed with the City on April 15, 2016, is for indemnity
for potential damages in a lawsuit filed against them on October 25, 2015. This claim is
based on a motorcycle and automobile accident that occurred on December 9, 2014,
near the intersection of Palos Verdes Drive West and Rue Beaupre, which has resulted
in a lawsuit, Jeremy Divona vs. Dylan Egan; Yu Living Trust, City of Rancho Palos
Verdes. The Jeremy Divona claim was considered and rejected by the City Council on
July 21, 2015. The Yu Living Trust is one of the defendants in the lawsuit as the plaintiff
contends that the Yus are the owners of the trees that may have blocked the auto
driver's vision.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject the claim, on the basis that there is no contract between
the City and the Yus, and they are the owners of the trees in question.
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FILE WITH: CLAIM FOR DAMAGES
RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
CLAIM NO. 0104L -1"i'4
30940 Hawthorne Blvd. TO PERSON OR PROPERTY
Rancho Palos Verdes, CA 90275
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
RECEIVED
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
ITY I�iCi6PALOS Pn
2. Claims for damages to real property must be filed not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)��
5 2016
Read entire claim form before filing.
J
_13.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.CITY
- M
TO: CITY OF RANCHO PALOS VERDES
Date of Birth of Claimant
Name of Claimant
Occupation of Claimant
Yu Living Trust, Shan Y. Yu, Anna Y. K. Yu
Home Address of Claimant City and State
Home Telephone Number
Business Address of Claimant City and State
Business Telephone Number
Give address and telephone number to which you desire notices or
Claimant's Social Security No.
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur?
NEW—
Names of any city employees involved in INJURY or DAMAGE
Date Time
Unknown
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date March 26 2016
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
At or near the intersection of Palos Verdes Drive West and Rue Beaupre, City of Rancho Palos
Verdes, State of California.
Describe in detail how the DAMAGE or INJURY occurred.
Claim is for indemnity for potential damages in lawsuit filed against us on October 25, 2015. The
Complaint for which we seek indemnification is attached hereto.
Why do you claim the city is responsible?
Claimants contend that Cross -Defendants, and each of them, negligently owned, designed,
constructed, controlled, maintained, drafted, engineered, fixed, inspected, modified, planned,
implemented, directed, operated, managed, serviced and/or repaired the subject intersection,
thereby causing a dangerous condition of public property.
Describe in detail each INJURY or DAMAGE.
For potential indemnification.
This Claim Must Be Signed on Page 2
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The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Estimated prospective damages as far as known:
Damage to property ....................
$ Future expenses for medical and hospital care .
$
Expenses for medical and hospital care ...
$ Future loss of earnings .....................
$
Loss of earnings ......................
$ Other prospective special damages ..........
$
Special damages for ...................
$ Prospective general damages ...............
$
Total estimate prospective damages.......
$
General damages ...................... $
Total damages incurred to date ........ $
Total amount claimed as of date of presentation of this claim: $ For potential Indemnification.
Was damage and/or injury investigated by police? If so, what city?_
Were paramedics or ambulance called? If so, name city or ambulance
If injured, state date, time, name and address of doctor of your first visit
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Address Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital Address Date Hospitalized_
Doctor Address Date of Treatment
Doctor Address Date of Treatment
READ CAREFULLY
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by "X" and by showing house numbers
or distances to street corners. If City Vehicle was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
CURB
your vehicle when you first saw City vehicle; location of
City vehicle at time of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by
"B-1" and the point of impact by "X." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
i/ SIDEWALK
CURB
PARKWAY
SIDEWALK
?A I —
Signature of Claimant or person filing on Typed Name: Date:
his behalf giving relationship to Claimant: Patrick J. Gibbs, Esq. April 12, 2016
Attorney for Claimants, Yu Living
Trust, Shan Y. Yu, Anna Y. K. Yu
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
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SUMMONS C�� L�! =1=� ;I r r
(CIT,A :)N JUDICIAL)
NOTICE TO DEFENDANT: DYLA
OEV,T ;H: ?i pan 1 i T;`-SHRN Y. YU a.k.a.
SHA.N YU; ANNA Y. K. YU a.k.a. ANNA Y. YU a.k.a. ANNA
Y. KUO YU; CITY OF RANCHO PALOS VERDES; AND DOES 1 TO
100 INCLUSIVE, AND EACH OF THEM
YOU ARE BEING SUED BY PLAINTIFF: JEREMY JOSEPH DIVONA
(LO ESTA DEMANDANDO EL DEMANDANTE),;
FOR COURT US. ONLY
(SOLO PARA t160 COCA COUTp
GONFC7RMIF,D COPY
ORIGINAL FILED
Superfbr Gourf of California
County of i_0,q Angeles
OCT' 1- 0 2.015
Sherri R. Carter, r:xecutive Offioor/Clark
Cy: Judi Lata, Deputy
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 MEnNDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the p),�jnflff,A ]otter or phone call will not protect you. Your written response must bd !n per ago rmi you wan fhe cou—`6-766-1174ryour
case.7here may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self -Help Center (www.courtinfo,ca,gov/seltitelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and yodr wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcallfornla.org), the Californio Courts Online 5e]f--Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
casts on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
fAVISOI Lo hen demandado. S! no rosponde dentro de 30 dies, !a carte puede decidir en su contra sin escucharsu versldn. Lee la information a
contlnuaadon
Tiano 30 DIAS 0)5 CALI=NDAWO despuds de qua le entreguen esta aitacf6n y papeles legales para presenter una respuesta par escrito en este
Corea y hater qua se entregue una copla al demanctente. Una Carta o una pamada tolef6nica no /a protagsn. Su nnspuesta por escrito bene qua estar
on formato legal correcto si desea que procesen su caso en la carte. Es poslble quo haya ern formularia qua usted pueda user pera su raspuesta.
Puede encontrer astos formularies da la carte y mos lnformacldn or) al Centro de Ayuda de las Cortes da California (www.sucorte.ca.gov), an la
biblioteca de leyes de su condado o an la carte que le quede m6s cerca. Si no puede pagar la cuota da presentacift pida al secrefarlo gig is Corte
qua le d6 un formulerio de exencidn de pago de cuotas, Si no presenta su respuesta a tlempo, pueda perdar al vaso par incumpffmlento y le Corte !e
podrd guitar su sueldo, dinero y bienes sin mos advertencia.
Nay otms requisitos legales. Es mcomendable que llama a un abogado lnrttadiatarrenie, Si no conte a un abogado, puede flamer a un servicio de
remfsl& a abagados. SI no puede pagar a un abogado, as posible que cumpla can Ids requisites para obtenerserviclos legates gratuitos de un
programa de serviclas [agates sin fines de lucro, Puede encontrarestos grupos sin fines do lucre on el Sitio web de Califomla Legal Services
(wwvv.iawhelpcallfomla.org), on al Centro de Ayuda do les Cortes de California, (www.sucorte.ca.gov) o ponlbndose on contacto con la Corte o el
colegio de abogadds locales. AV1SO: Par ley, la Corte tion derecho a reolamar las Cuotas y las costes exentas par lmponar un gravamen sabre
cualquler recupot-scOn de $10,000 6 mos de valor recibida mediante un acuerdo o una concesl6n de orbitreje an on Casa de d®rcho civil. Tone quo
mgravambn de la corte.antas da quo la cort6 nada desachar e! Casa,
name and address of the court 1$: CASE NUMBER:
(EI nornbr a y dfrocd6n de la torte es); (Namara dd! C040): 98187
LOS ANGEtE$ SUPERIOR COURT
x.11 NORTH GILL STREET
LOS ANGELES, CALIFORNIA 90012
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(EI nombre, la dfraccion y el numero de tel6fono del abogado del dernandante, o del demandente que no fiene abogado, es).
MICHAEL M. MARZBAN, ESQ. - SBN: 238624 (818) 986--3332
COHEN 5 MARZBAN, LAW CORPOWF TTON
16000 VENTURA BOULEVARD, SUITE 701
ENCINO, CA 91436 904FRRI R. CARTER -
DATE: Clerk, by Deputy
(Fecha) (Secretarlo) (Ad/unto)
(For proof of service of this summons, use Proof of Service of Summons (form POS -090).)
(Para pruebe de entrega de esta citatl6n use e1 formulado Proof of Service of Summons, (P06-090))_
hiOTtCE TO T!-fE PERSON SERVED 0lY d
V-
Form Adppted for Mandatary Use
Judicial Councll of Cellfornle
SUM -100 (Rev. July 1. 20093
are serve
1. 5ZI as an individual defendant.
2. =as the person sued under the fictitious name of (specify): C y
3.[ on behalf of (specffy)_ � cam. V tl-� _ YUP-*, --L-
n
under; CGP 416.10 (corporal! r - CCFU416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416.90 (authorized person)
other (specify):
4. F-1 by Coe Anal delivery on (da e
SUMMONS
Y oil
Code of Civil Procedure §§ 41 MO. 465
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MICHAEL M. MARZBAN, ESQ. (Space Below for Filing Stamp Only)
Law Offices of
BOB M. COZEN & ASSOCIATES
Law Corporation
16000 Ventura Boulevard
Suite 701.
Encino, California 91436
Telephone. (818) 986.3332
Facsimile: (818) 986-5879
State Bar No.: 238624
File No.: 23521A
Attorneys for Plaintiff, JEREMY JOSEPH DIVONA
CONFORMED COPY
ORiGiNAt1, FILED
Superior CouFt of California
ounty of Lds AnrlelLs
OCT"""�ot5
Sherri R. Garter, Executive Ofticar/Clerk
By: Judi Lara, Dopuly
SUPERIOR. COURT OF THE STATE OF CALJYORNT.A.
COUNTY OF VENTURA, HALL OF JUSTICE
JEREMY JOSEPH DIVONA,
Plaintiff,
vs.
DY'lI..,AN MICHAEL EGAN; RICK
ANTHONY EGAN; YU LIVING
TRUST a.Ic.a. LIVING TRUST YU
a.k.a. YU TRUST; SHAN Y. YN.
a.k.a. SHAN YU; ANNA. Y. K. YU
a.k.a..ANNA
�c Y. YU a.k.a. ANNA Y.
KUO YU; CITY OF RANCHO
PALOS VERDES; AND DOES 1
TO 100. INCLUSIVE, AND EACH
OF THEM,
Defendants.
� Case No. •
COMPLAINT FOR DAMAGES:
' 1.
MOTOR VEHICLE
2.
GENERAL, NEGLIGENCE
3,
PREMISES LIABILITY
4.
GENERAL NEGLIGENCE
5,
LIABILITY PURSUANT TO
Government Code §§835 et seq.,
840.2 and 945
6.
LLkB LITY PURSUANT TO
Government Code §§ 815.2, 815.4,
815.6, 820, 830, 835, 835.2 and 945.
COMES NOW Plaintiff, JEREMY JOSEPH DIVONA (hereafter referred herein
as "Plaintiff'), and alleges as follows:
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1. That Plaintiff, JEREMY JOSEPH DIVONA, is, and at all relevant times
mentioned herein was, 'an individual residing in the County of Los Angeles, State of
California.
2. Plaintiff is informed and believes and thereon alleges that befendant,
DYLAN NUCUAEL EGAN,.is, and at all relevant times mentioned herein was, an
individual residing ba the County of Los Angeles, State of California.
3. Plaintiff is informed and believes and thereon alleges that Defendant, RI
ANTHONY EGAN, is, and at all relevant times mentioned herein was, an individual
residing in the County of Los Angeles, State of California.
4. Plaintiff is informed, believes and thereon alleges that Defendant YU
LIVING TRUST a.k.a. LIVING TRUST YU a.k.a. YU TRUST, is, and at all relevant
times herein was, a trust formed and created in the County of Los Angeles, State of
California, with its principal place of administration i, i the County of Los Angeles, State
of California. At all relevant tunes, Defendants, SHAN Y. YU a.k.a. SHAN YU and
ANNA. Y. K. YU a.k.a,. ANNA Y. YU a.k.a. ANNA Y. KUO YU, and each of them,
have been and/or are beneficiaries under the YU LIVING TRUST a.k.a. LIVING TkUSI
YU a.k.a. YU TRUST, and/or Defendants, SHAN" Y. YU a.k.a. SHAN YU and ANNA
Y. K. YU a.k.a. ANNA Y. YU a.k.a. ANNA Y. KUO YU, are currently the successor
trustees of the YU LIVING TRUST a.k.a. LIVING TRUST YU a.k.a. YU TRUST.
5. .Plaintiff is informed and believes and thereon alleges that Defendants,
SHAN Y. YU a.k.a. SHAN YU and ANNA Y. K. YU a.k.a. ANNA. Y. YU a.k.a. ANNA
Y. KUO YU, who are being sued herein individually and as trustees and/or co -trustees of
the YU LIVING TRUST a.k.a. LIVING FRUST YU a.k.a, YU TRUST are, and at all
relevant times mentioned herein were, residents of the County of Los Angeles, State of
California.
b. Plaintiff is informed and believes and thereon alleges that at all times hdrein
mentioned, Defendants, CITY OF RANCHO PALOS VERDES; and Does 67 to 100,
inclusive, and each of them, were and are governmental entities within the jurisdiction of
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Complaint for Damages
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the subject Court.
7. That the above-exititled Court is the proper Court for this action because
the injury to the Plaintiff occurred within the jurisdiction of said Court.
8. The true names and capacities of Defendants referred to herein as Does 1 to
1.00, Inclusive, and each of them, are unknown to Plaintiff at this time and Plaintiff is
informed and believes and thereon alleges that they are in some way responsible for the
damages incurred. Plaintiff will amend this Complaint to allege the true names and
capacities when ascertained.
9. Plaintiff is informed and believes and thereon alleges that at all material
times each of the Defendants were the agents, servants, directors, managers, officers,
managing agents, venturers, co --venturers, joint venturers, co -trustees, trustees and/or
employees of the co--defeadagts, and in doing the things herein alleged were acting in an
agency, managerial or employment capacity within the course and scope of their
authority, whose acts and conduct herein alleged were with the permission and consent
the co-defendants. Each of the Defendants actions and conduct were known to,
authorized and ratified by the co-defendants. Plaintiff is informed and believes, and
thereon alleges that all the conduct by the individual Defendants, which was outside the
scope of their authority, was known to, authorized and ratified by the co-defendants.
10. Plaintiff is informed and believes and thereon alleges that each Defendant
designated herein as a Doe was responsible, negligently, or in some other actionable
manner, for the events and happenings referred to herein, which proximately caused
injury and damages to Plaintiff, as hereinafter alleged.
FACTUAL ALLEGATIONS
11. That on or about December 09, 2014 (hereafter referred herein as the
"Subject Date"),'Plaintiffwas traveling on a motorcycle headed northbound on Palos
Verdes Drive West, at or near Rue Beaupre, City of Rancho Palos Verdes, County of Los,
Angeles, State of California (hereafter referred herein as "Subject Location" or "Subject
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For Damages
MO
I Intersection"); that on the Subject Date and prior to the subject incident, Defendants,
2 .DYLAN 1\/HCHAEL EGAN; RICIN ANTHONY EGAN; and Does 1 to 33, Inclusive, ani
3 each of there, carelessly and negligently owmed, operated, entrusted, leased, repaired,
4 modified, maintained and/or controlled their vehicle (hereafter referred herein as the
5 "EGAN Vehicle") while traveling westbound on due Beaupre at or near the Subject
6 Intersection; and that on the Subject Date, Defendants, DYLAN MICHAEL EGAN;
7 RICIN .ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of them, so carelessly
8 and negligently owned, operated, entrusted, leased, repaired, modified, maintained and/oi
9 controlled the EGAN Vehicle so as to cause it to collide with the Plaintiff and/or
10 Plaintiff s motorcycle, causing Plaintiff to fly off of his motorcycle and land onto the
11 ground, thereby causing Plaintiff to suffer severe injuries and damages.
12 12. Plaintiff is further informed and believes and based thereon alleges that on
13 or before the Subject Date, Defendants, YU LIVING TRUST a.k.a. LIVING TRUST
14 YU a.k.a. YU TRUST; S14AN Y. YU a_k.a. SHAN YU; ANN.A, Y, Y. YU a.k.a. ANNA,
15 Y. YU a.k.a. ANNA. Y. KUO YU; and. Does 34 to 66, Inclusive, and each of them,
16 owned, managed; operated, controlled, inspected, maintained, cleaned, repaired,
17 guarded, supervised, and/or secured the premises located at 30905 Rue Laiagois, Rancho
18 Palos Verdes, California 90275 (hereafter referred herein as "Subject Property",
19 "Subject Premises", "Subject Area" and/or "Defendants' Premises"), wherein the
20 Subject Premises is/was located at or neax the Subject Intersection; that on or before the.
21 Subject Date, the Subject .Property was negligently and carelessly owned, managed,
22 operated, controlled, inspccted, maintained, cleaned, repaired, guarded, supervised,
23 and/or secured by Defendants, YU LINING TRUST a.k.a. LIVING TRUST YU a.k,a.
24 YU TRUST; SHAN Y, YU a.k.a. SHAN YU;.ANNA Y. K. YU a.k.a. ANNA Y. YU
25 a.k.a. ANNA Y. KUO YU; and Does 34 to 66, Inclusive, and each of them, in that the
26 Subject Premises had on it a large fence or gate, large hedges, bushes, trees or growths
27 and/or other objects (hereafter referred herein as "Subject Obstructions"); that the
28 Subject Obstructions were negligently and caxelessly maintained, managed, trimmed,
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Complaint for Damages
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kept, inspected, controlled, supervised, landscaped, repaired, engineered, affixed,
constructed, designed, placed, put and/or installed by Defendants, YU LIVING TRUST
I a.k.a. LIVING TRUST YU a.k.a. YU TRUST; SHAN Y, YU a.k.a. SHAH YU; ANDA
Y. K. YU a_k.a. A.NN.A. Y. YU a.k.a. ANIMA Y. KUO YU; and Does 34 to 66, Inclusive,
and each of thein; that the Subject Obstructions blocked or interfered with the vision of
traffic, pedestrians, the public and/or motorists in the area, which created a dangerous,
I defective, and/or unsafe condition in the area as well as a hazardous condition for
traffic, pedestrians, motorists arid/or the public at or near the Subject Location, thereby
increasing the risk of harm to them; that on the Subject Date, the vision of Defendants,
DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive,
and each of them, were/was blocked or interfered with by the Subject Obstructions
when Defendants, DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and Does 1
to 33, Inclusive, and each of them, were driving, operating and/or controlling the EGAN
Vehicle at or near the Subject Intersection, which caused Defendants, DYLAN
MICHAEL EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of
them, to negligently and carelessly not see the Plaintiff traveling on his motorcycle at or
Dear the Subject Location, and wherein Defendants, DYLAN MICHAEL EGAN; RICK
ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of thein, negligently and
carelessly entered the Subject Intersection when it was not reasonably safe to do so,
causing the collision with Plaintiff andfor Plaintiff s motorcycle, which caused Plaintiff
to fly off ofhis motorcycle and laud onto the ground, thereby causing Plab tiff to suffer
severe and permanent injuries and damages.
13. Plaintiff is also informed and believes and based thereon alleges that on or
before December 09, 2014, the Subject Location or Subject Intersection and/or the areas
surrounding or adjacent to the same is, and at all relevant. times mentioned herein was,
negligently and carelessly owned, operated, controlled, maintained, repaired, designed,
built, constructed, drafted, engineered, guarded, protected, secured, fixed, inspected,
modified, planned, implemented, directed, supervised, contracted, reviewed, evaluated
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Complaint for Damages
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and/or regulated by Defendants, CITY OF RANCHO PALOS VERDES; and Does 67 to
100, inclusive, and each, of them, in that the Subject Location or Subject Intersection
and/or the areas surrounding or adjacent to the same were dangerously defective and
contained various dangerous conditions that created a substantial risk of injury to persons
when such property was used with due care and in a manner which was reasonably
foreseeable, in particular, said property relating to the Subject Location or Subject
Intersection and/or the areas surrounding or adjacent to the same were/was in a
dangerously defective condition due to various dangerous defects including, but not
limited to, dangerous/negligent/defective/unsafe protection and/or guarding,
dangerous/negligtnt/defective/unsafe placement and/or location,
dangerous/negligent/defective/unsafe construction, implementation, engineering and/or
design,, dangerous/negligent/defective/unsafe inspection and/or supervision,
dangerous/negligent/defective/unsafe controls or control, and/or
dangerous/negligent/defective/unsafe maintenance; that specifically, the dangerous
defects relating to the Subject Location or Subject Jatersectioia and/or the areas
surrounding or adjacent to the same were of such a nature that vehicle collisions or
accidents on, at and/or near the Subject Location or Subject Intersection and/or the areas
surrounding or adjacent to the same were foreseeable due to the fact that the stop sign
and/or the limit lute on Rue Beaupre at or near the Subject Intersection was negligently
and carelessly placed dangerously, defectively and/or unsafely back and/or away from
Palos Verdes Drive West making it difficult to reasonably and safely see oncoming
traffic (hereafter referred herein as the "Subject Stop Sign/Limit Line"); and that the
dangerous/negligent/defeetive/unsafe Subject Location or Subject Intersection and/or the
areas sut-rounding or adjacent to the same, due to not being properly owned, operated,
controlled, maintained, repaired, designed, built, constructed, drafted, engineered,
guarded, protected, secured, fixed, inspected, modified,'planned, implemented, directed,
supervised, contracted, reviewed, evaluated axed/or regulated by Defendants, CITY OF
RANCHO PALOS VERDES; and Does 67 to 100, inclusive, and each of thein, increased
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the risk of harm to drivers, passengers axed/or the public; and that as a result of
Defendants', CITY OF RANCHO PALOS VERDES; and Does 67 to 100, inclusive, and
each of their, aforementioned negligent and careless acts and/or omissions, on the Subject
Date the Subject Stop Sign/Limit Line was negligently and carelessly Placed
dangerously, defectively and/or unsafely back and/or away -from Palos Verdes Drive
West by Defendants, CITY OF RANCHO PALOS VERDES; and Does 67 to 1.00,
inclusive, and each of them, which made it difficult and/or impossible to reasonably and
safely see oncoming traffic, whereby Defendants, DYLAN MICHAEL EGAN; RICK
ANTHONY EGAN; and Does I to 33, Inclusive, and each of them, due to their/his
inability to reasonably and safely see Plaintiff and/or Plaintiff's motorcycle approaching
northbound on Palos Verdes Drive West, Defendants, DYLAN MICHAEL EGAN; RICK
ANTHONY EGAN; and Does 1 to 33, Inclusive, and each, of them, failed to prevent the
EGAN Vehicle from entering the Subject Intersection when it was reasonably safe to do
so, that as a result the EGAN Vehicle negligently and carelessly collided with Plaintiff
and/or Plaintiffs motorcycle, causing Plaintiff to fly off of his motorcycle and land onto
the ground, thereby causing Plaintiff to suffer severe and permanent injuries and
damages,
14. As a direct consequence of the acts of Defendants, DYLAN MICHAEL
i EGAN; RICK ANTHONY EGAN; YU LIVINQ TRUST a.k.a. LIVING TRUST YU
a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K. YU a.k.a. ANNA Y.
YU a.k.a. ANNA, Y. K.UO YU; CITY OF RANCHO PALOS VERDES; and Does 1 to
100, Inclusive, and each of them, as alleged herein, Plaintiff incurred medical expenses,
loss of earnings and other related expenses and special economic damages, as well as
suffering and continuing to suffer in the present and into the future, and general damages
for his pain and anguish. Additionally, and as a direct result and consequence of the
injuries and damages suffered by the Plaintiff as alleged herein, Plaintiff will in the future
suffer special economic damages consisting of, but not limited to, medical expenses, loss
of earnings, and general damages for pain and suffering.
7
afnt for Damages
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15. This claim arises from and is authorized by the California Government
Claims Act and California Government Code section 945. Furthermore, as required by
California Government_ Code sections 905 and 911.2, a timely claire form for Plaintiff,
JEREMY JOSEPH DIVONA, was filed with the governmental entity Defendants on Jun(
08, 2015, and specifically identified the subject incident as well as Plaintiffs injuries and
damages that were Imown at that time. This timely claim form filed by Plaintiff was
subsequently rejected by Defendants, CITY OF RANCHO PALOS VERDES, on July 21
2015 by way of written correspondence. Thus, the Defendants' denial of Plaintiffs timely
claim gives rises to the instant action which is authorized by California Government
Code Section 945.6.
FIRST CAUSE OF .A,CTION
Motor Vehicle
(Against Defendants, DYLAN MICHAEL EGA.N; ROCK ANTHONY Li GA.N; and
Does I to 33, Inclusive, and each of therxa)
16i Plaintiff re -alleges and incorporates by this reference each and every
allegation in the foregoing paragraphs as though fWly set forth herein.
IT That on or about the Subject Date, Plaintiff was traveling on a motorcycle
headed northbound on Palos Verdes Drive West, at or near Rue 13 eaupre, City of Rancho
Palos Verdes, County of Los Angeles, State of California (hereafter referred herein as
`Subject Locatiod or`Subject Intersection); that on the Subject Date and prior to the
subject incid.eut, Defendants, DYLAN' MICHAEL EGAN; RICK ANTHONY EGAN;
and Does I to 33, laclusive, and each of them, carelessly and negligently owned,
operated, entrusted, leased, repaired, modified, maintained and/or controlled their vehicle
(hereafter referred herein as the`EGAN Vehicld) while traveling westbound on Rue
Seaupre at or near the Subject Intersection; and that on the Subject Date, Defendants,
DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive, and
each of them, so carelessly and negligently owned, operated, entrusted, leased, repaired,
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for Damages
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I modified, maintained and/or controlled the EGAN Vehicle so as to cause it to collide
with the Plaintiff and/or Plaintiffs motorcycle, causing Plaintiff to fly off of his
motorcycle and land onto the ground, thereby causing Plaintiff to suffer severe injuries
and damages.
18. As a direct and proximate. cause of Defendantg, DYLAN MICHAEL
EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of their,
negligent acts and/or omissions, as alleged herein above, Plaintiff incurred medical
expenses, loss of earnings and other related expenses and special economic damages, as
well as suffering and continuing to suffer in the present and into the future, and general
damages for his pain and anguish. Additionally, and as a direct result and consequence
of the injuries and dainages suffered by the Plaintiff as alleged herein, Plaintiff will in the
fixture suffer special economic damages consisting of, but not limited to, medical
expenses, loss of earnings, and general damages for pain and suffering.
SECOND CAUSE OF ACTION
General Nealieence
(Against Defendants, DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and
Does I to 33, Inclusive, and each of them)
19. Plaintiff re -alleges and incorporates by this reference each and every
allegation in the foregoing paragraphs as though fully set forth herein.
20. That on or about the Subject Date, Plaintiff was traveling on a motorcycle
headed northbound on Palos Verdes Drive West, at or near Rue Beaupre, City of Rancho
Palos Verdes, County of Los Angeles, State of -California (hereafter referred herein as
`Subject Locatioif or"Subject Intersectiod); that on the Subject Date and prior to the
subject incident, Defendants, DYLAN M1CHA.EL EGAN; RICK ANTHONY EGAN;
and Does 1 to 33, Inclusive, and each of them, carelessly acid negligently owned,
operated, entrusted, leased, repaired, modified, maintained and/or controlled their vehicle
(hereafter referred herein as th.eT(-,arAN Vehicld) while traveling westbound on Rue
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Complaint for Damages
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Beaupre at or near the Subject Intersection; and that on the Subject Date, Defendants,
DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive, and
each of them, so carelessly and negligently owned, operated, entrusted, leased, repaired,
modified, maintained and/or controlled the EGAN Vehicle so as to cause it to collide
with the Plaintiff and/or Plaintiffs motorcycle, causing PIaintiff to fly off of his
motorcycle and land onto the ground, thereby causing Plaintiff to suffex severe injuries
I and damages.
21. At all times mentioned herein, Defendants, RJCK ANTHONY EGAN; and
Does 17 to 3 3, Inclusive, and each of them, was/were the registered owner(s) of the
EGAN Vehicle, i.e. the vehicle that was driven by, used by, operated by, utilized by
and/or leased to Defendants, DYLAN MICHAEL EGAN; and Does l to 16, Inclusive,
and each of them, on the Subject Date and during the subject incident.
22. Plaintiff is informed and believes and thereupon alleges that on or about
December 09, 201.4, Defendants, RICK. ANTHONY EGAN; and Does 17 to 33,
Inclusive, and each of -ahem, negligently and carelessly granted permission to Defendants,
DYLAN MICHAEL EGAN; and Does 1 to 16, Inclusive, and each of there, to use, drive,
operate, utilize and/or borrow the EGAN Vehicle.
23. PuA or, Defendants, RICK ANTHONY EGAN; and Does 17 to 33,
inclusive, and each of them, negligently and carelessly employed, contracted, retained,
hired, and/or engaged Defendants, DYLAN MICHAEL EGAN; and Does 1 to 16,
Inclusive, and each of them, wherein Defendants, .DYLAN MICHAEL EGAN; and Does
1 to 16, Inclusive, and each of thorn, was/were a permissive user of the EGAN Vehicle
while traveling at or near the Subject Location and negligently, carelessly, recklessly and
unlawfully causing the EGAN Vehicle to collide with the Plaintiff and/or Plaintiffs
:motorcycle, causing Plaintiff to fly off of his motorcycle and land onto the ground,
thereby causing Plaintiff to suffer severe injuries and damages,
I //
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24_ As a direct and proximate result of owning the subject vehicle, Defendants,
RICIN ANTHONY EGAN; and Does 17 to 33, inclusive, and each of them, is/.are liable
and responsible for the injuries and damages to person(s) and/or property resulting from a
negligent or wrongful act in the operation of the EGAN Vehicle by any permissive user.
Defendants, DYLAN MICHAEL EGAN; and Does 1 to 16, h5clusive, and each of them,
breached his/her/their duty when he/she/they negligently, carelessly, recklessly, wantonly
and/or unlawfully drove, operated and/or cowrolled the EGAN Vehicle on. the Subject
Date.
25. As a direct and proximate result of its ownership of'the EGAN Vehicle that
was negligently and carelessly driven, operated and/or controlled by Defendants,
DYLAN MICE LEL EGAN; and Does 1 to 16, Inclusive, and each of them, on the
Subject Date, and the express permission granted to him/her/them, Defendants, RSCS.
ANTHONY EGAN; and Does 17 to 33, inclusive, and each of them, is/are liable and
responsible for the injuries and damages sustained by the Plaintiff.
26. As a direct consequence of the acts of said Defendants, and each of them,
as alleged herein, Plaintiff incurred medical expenses, loss of earnings and other related
expenses and special economic damages, as well as suffering and continuing to suffer in
the present and into the future, and general damages for his pain and anguish.
Additionally, and as a direct result and consequence of the injuries and damages suffered
by the Plaintiff as alleged herein, Plaintiff will in the future suffer special economic
damages consisting of, but not limited to, medical expenses, loss of eambags, and general
damages for pain and suffering.
27. Moreover, Plaintiff is Wfmmtd and believes and thereupon alleges that, 'on
or before December 09, 2014, Defendants, RICK ANTHONY EGAN; and Does 17 to 33;
inclusive, and each of them, negligently hired, contracted, trained, supervised, retained,
engaged, employed and/or managed Defendants, DYLAN MSCHAEL EGAN; and Does
1 to 16, Inclusive, and each of them. Further, Defendants, FJCK ANTHONY EGAN;
and Does 17 to 33, inclusive, and each of them, knew, or in the exercise of reasonable
Complaint for Damages
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diligence should have Imown, that Defendants, DYLAN WCHAEL EGAN; and Does 1
to 16, Inclusive, and each of them, herein were negligent, careless, and/or recIdess
drivers, prone to violate various laws.
28. As a direct and proximate result of the negligent hiring, training and
retention of the aforementioned said Defendants, and each of them, Plaintiff has suffered
serious and permanent injuries.
29. As a direct and proximate cause of Defendants', DYLAN NIZCHAEL
E0A.N; RICK ANTHONY EGAN; and noes 1 to 33, Inclusive, and each of their,
negligent acts and/or omissions, as alleged herein above, Plaintiff incurred medical
expenses, loss of earnings and other related expenses and special economic damages, as
well as suffering and continuing to suffer in the present and into the future, and general
damages for his pain and anguish. Additionally, and as a direct result and consequence
of the injuries and damages suffered by the Plaintiff as alleged herein, Plaintiff will in the
future suffer special economic damages consisting of, but not limited to, medical
expenses, loss of earnings, and general damages for pain and suffering.
THWD CAUSY OF ACTION
General Negligence
(As against Defendants, YU LWING TRUST a.k.a. LIVING TRUST YU a.k.a. YU
TRUST; SHAN Y. YU a.k.a. SHAM VU; ,A,NN,A. Y. K. YU a.k.a. ANNA. Y. YU a.k.a.
ANNA Y. KCTO YU; and Does 34 to 66, Inclusive, and each. of them)
30. Plaintiff re -alleges and incorporates by this reference each and every
allegation in the foregoing paragraphs as though fully set forth herein.
31. On or about December 09, 2014, Plaintiff is further informed and believes
and based thereon alleges that on or before the Subject Date, Defendants, YU LIVING
TRUST a.k.a. LIVING TRUST YU a,k_a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU;
ANNA Y. K. YU a.k.a. ANNA. Y. YU a.k.a. ANNA Y. KUO YU; and Does 34 to 66,
Inclusive, and each of them, owned, managed, operated, controlled, inspected,
ILI
Complaint for Damalzes I
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maintained, cleaned, repaired, guarded, supervised, and/or secured the Subject Premises
wherein the Subject Premises is/was located at or near the Subject Intersection
32. That on or before the Subject Date, the Subject Property was negligently
and carelessly owned, managed, operated, controlled, inspected, maintained, cleaned,
repaired, guarded, supervised, and/or secured by Defendants, YU LIVING TRUSS' a.k.a.
I I LIVING `RUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K.
YU a.k.a. ANNA Y. YU a.k.a. ANNA Y. KUO YU; and Does 34 to 66, Inclusive, and
each of them, in that the Subject Premises had on it the Subject Obstructions; that the
Subject Obstructions were negligently and carelessly maintained, managed, trimmed,
kept, inspected, controlled, supervised, landscaped, repaired, engineered, affixed,
constructed, designed, placed, put and/or installed by Defendants, YU LIVING TRUST
a.k.a. LIVING TRUST YU a.k.a. YU TRUST;. SHAN Y. YU a.k.a. SHAN YU; ANNA
Y. K. YU a.k.a. ANNA Y. YU a.k.a. ANNA. Y. KUO YU; and Does 34 to 66, Inclusive,
and each of thein; that the Subject Obstructions blocked or interfered with the vision of
traffic, pedestrians, the public and/or motorists in the area, which created a dangerous,
defective, and/or unsafe condition in the area as well as a hazardous condition for traffic,
pedestrians, motorists and/or the public at or near the Subject Location, thereby
increasing the risk of harm -to thein; that on the Subject Date, the vision of Defendants,
DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive; and
each of them, was blocked or interfered with by the Subject Obstructions when
Defendants, DYLAN NffCHAEL EGAN; RICK ANTHONY EGAN; and Does I to 31,
Inclusive, and each of thein, were driving, operating and/or controlling the EGAN
Vehicle at or near the Subject f atersecti.on, which caused Defenda its, DYLAN"
MICHAEL. EGAN; RICIN ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of
thein, to negligently and carelessly not see the Plaintiff traveling on his motorcycle at or
near the Subject Location and wherein Defendants, DYLAN MICHAEL. EGAN; RICK
ANTHONY EGAN; and Does I to 33, Inclusive, and each of them, negligently and
carelessly entered the Subject Intersection when it was not reasonably safe to do so,
13
for Dwnagos
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causing the collision with Plaintiff anal/or Plaintiffs motorcycle, which caused. Plaintiff
to fly off of his.motorcycle and land onto the ground, thereby causing Plaintiff to suffer
severe and permanent injuries and damages.
33. Moreover, on the Subject Date, Defendants, YU LIVING TRUST a.k.a.
LIVING TRUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAH YU; ANNA Y. K.
YU a.k,a. ANNA Y. YU a.k.a. ANNA Y. KUO YU; and Does 34 to 66, Inclusive, and
each of them, negligently and carelessly owned, maintained, controlled, managed,
operated, inspected, guarded, supervised, repaired and/or secured the Subject Premises
and/or the Subject Obstructions, in that said Defendants, and each of them, knew, or in
the exercise of reasonable care should have known, that said Subject Area was at all
times in a dangerous condition and constituted an unreasonable risk of harm to Plaintiff
of which Plaintiff was unaware. Further, said Defendants, and each of them, negligently
and carelessly failed to maintain or repair the premises, i -e. the Subject ,Urea, in a safe
condition or warn Plaintiff of its unsafe condition, so that on the Subject Date, the vision
of Defendants, DYLAN MICHAEL, EGAN; RICK ANTHONY EGAN; and Does I to
33, Inclusive, and each of them, was blocked or interfered with by the Subject
Obstructions when Defendants, DYLAN MICHAEL EGAD!; RJCK ANTHONY" EGAN;
and Does I to 33, Inclusive, and each of thein, were driving, operating and/or controlling
the EGAN Vehicle at or near the Subject Intersection, which caused Defendants,
DYLAN MICHAEL EGAN; FJCK ANTHONY EGAN; and Does 1 to 33, Inclusive, and
each of thein, to negligently and carelessly not see the Plaintiff traveling on his
motorcycle at or near the Subject Location and wherein Defendants, DYLAN MICHAEL;
EGAN; RICK ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of them,
negligently and carelessly entered the Subject Intersection when it was not reasonably .
safe to do so, causing the collision with Plahitiff and/or Plaintiff's motorcycle, which
caused Plaintiff to fly off of his motorcycle and land onto the ground, thereby causing
Plaintiff to suffer severe and permanent injuries and damages,
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34. Further, Plaintiff is informed and believes and thereupon alleges that, on or
before December 09, 2014, Defendants, YU LIVING TRUST a.k.a. LIVING TRUST YU
a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K. YU a.k.a. AMA. Y..
YU a.k.a. ANNA Y. KUO YU; and Does 34 to 50, inclusive, and each of them,
negligently hired, contracted, trained, supervised, retained, engaged, employed and/or
managed Defendants, YU LIVING TRUST a.k.a. LIVING TRUST YU a.k.a. YU
TRUST; SHAN" Y. YU a.k.a. SHAN YU; ANNA Y. K. YU a.k.a. ANNA Y. YU a.k.a.
ANNA Y. KUO YU; and Does 51 to 66, Inclusive, and each of there.
35. Moreover, Defendants, YU LIVING TRUST a.k.a. LIVING TRUST YU
a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K. YU a.k.a. ANNA Y.
YU a.k.a. ANNA Y. KUO YU; and Does 34 to 50, inclusive, and each of thein,, knew, or
in the exercise of reasonable diligence should have known, that Defendants, YU LIVING
TRUST a.k.a. LIVING TRUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU;
ANNA Y. K. YU a.k.a. ANNA. Y. YU a.k.a. ANNA. Y. KUO YU; and Does 51 to 66,
Inclusive, and each of them, herein were negligent, careless, and/or reckless operators,
contractors; repairers, managers, supervisors, guarders, renovators, maintainers, securers,
caregivers, and/or controllers of the Subject Premises, the Subject Area and/or the
Subject Obstructions,
36. As a direct and proximate- cause of said Defendants', and each of their,
negligent acts and/or omissions, as alleged herein above, Plaintiff suffered severe and
permanent physical and bodily injuries, received medical treat tent for her injuxies and
damages, and was -treated for those injuries and damages by various health care
providers, incurred medical, hospital, other related special ecozaomic damages, as well as
past, present and future general damages for her pain, suffering and anguish.
P
is
Complobt :For Damages
I FOURTH CAUSE OF ACTION
2 Premises Liability
3 (As against Defendants, YU DIVING TRUST a.k.a. LIVING TRUST YU a.k.a. YU
4 TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K. YU a.k.a. ANNA Y. YU a.k.a.
5 ANNA Y. KUO YU; and Does 34 to 66, Inclusive, and each of them)
6 37. Plaintiff re -alleges and incorporates by this reference each and every
7 allegation in the foregoing paragraphs as though fully set forth herein.
8 38. On or about December 09, 2014, Plaintiff is further informed and believes
9 and based thereon alleges that on or before the Subject Date, Defendants, YU LIVING
10 TRUST a.k.a. LIVING TRUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU;
11 ANNA Y. K. YU a.k.a. ANNA Y. YU a.k.a. ANNA Y. KUO YU; and Does 34 to 66,
12 Inclusive, and each of thein, owned, managed, operated, controlled, inspected,
13 maintained, cleaned, repaired, guarded, supervised, and/or secured the Subject Premises
14 wherein the Subject Premises is/was located at or near the Subject Intersection
15 39. That on or before the Subject Date, the Subject Property was negligently
16 and carelessly owned, managed, operated, controlled, inspected, maintained, cleaned,
17 repaired, guarded, supervised, and/or secured by Defendants, YU LIVING TRUST a.k.a.
14 LIVING TRUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K.
19 YU a.k.a. ANNA Y. YU a.k.a. ANNA Y. KUO YU; and Does 34 to 66, Inclusive, and
20 each of them, in that the Subject Premises had on it the Subject Obstructions; that the
21 Subject Obstructions were negligently and carelessly maintained, managed, trimmed,
22 Dept, inspected, controlled, supervised, landscaped, repaired, engineered, affixed,
23 constructed, designed, placed, put and/or installed by Defendants, YU LIVING TRUST
24 a.k.a. LINING TRUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA
25 Y. K. YU a.k.a. ANNA Y. YU a.k.a. ANNA Y. KUO. YU; and Does 34 to 66, Inclusive,
26 and each of them; that the Subject Obstructions blocked or interfered with the vision of
27 traffic, pedestrians, the public and/or motorists in the area, which created a dangerous,
28 defective, and/or unsafe condition in the area as well as a hazardous condition for traffic,
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pedestrians, motorists and/or the public at or near the Subject Location, thereby
increasing the risk of harm to them; that on the Subject Date, the vision of Defendants,
DYLAN MICHAEL EGAN; RICK ANTHONY EGAN; and Does I to 33, Inclusive, and
each of them, was blocked or interfered with by the Subject Obstructions when
Defendants, DYLAN MICHAEL EGAN; RICK. ANTHONY EGAN; and Does 1 to 33,
Inclusive, and each of them, were driving, operating and/or controlling the EGAN
Vehicle at or near the Subject Intersection, which caused Defendants,' DYLAN
NUCHAEL EGAN; RICK. ANTHONY EGAN; and Does l to 33, Inclusive, and each of
thein, to negligently and carelessly not see the Plaintiff traveling on his motorcycle at or
near the Subject Location and wherein Defendants, DYLAN MICHAEL EGAN; RICK
ANTHONY EGAN; and Does 1 to 33, Inclusive, and each of them, negligently and
carelessly entered the Subject Intersection when it was not reasonably safe to do so,
causing the collision with Plaintiff and/or Plaintiff's motorcycle, which caused Plaintiff
to fly off of his motorcycle and land onto the ground, thereby causing Plaintiff to suffer
severe and permanent injuries and damages.
40. Moreover, on the Subject Date, Defendants, YU LIVING TRUST a.k.a.
LIVING TRUST YU a.k.a. YU TRUST; SHAN Y. YU a.k.a. SHAN YU; ANNA Y. K.
YU a.k.a. ANNA Y. YU a.k.a. ANNA. Y. KUO YU; and Does 34 to 66, Inclusive, and
each of them, negligently and carelessly owned, maintained, controlled, managed.,
operated, inspected, guarded, supervised, repaired and/or secured the Subject Promises
and/or the Subject Obstructions, in that said Defendants, and each of thein, ltnew, or in
the exercise of reasonable care should have known, that said Subject Area was at all
times in a dangerous condition and constituted an unreasonable risk of harm to Plaintiff
of which Plaintiff was unaware. Further, said Defendants, and each of them, negligently
and carelessly failed to maintain or repair the premises, i.e. the Subject Area, in a safe
condition or wain Plaintiff of its unsafe condition, so that on the Subject Date, the vision
of Defendants, DYLAN NECHAEL EGAN; RICK. ANTHONY EGAN; and Does 1 to
33, Inclusive, and each of them, was blocked or interfered with by the Subject
17
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Obstructions when Defendants, DYLAN 1ECHAEL EGAN; RICK ANTHONY EGAN;
and Does I to 33, Inclusive, and each of them, were driving, operating and/or controlling
the EGAN 'Vehicle at or near the Subject Intersection, which caused Defendants,
DYLAN MICI-IAEL EGAN; RICK. ANTHONY EGAN; and Does 1 to 3.3, Inclusive, an,
each of them, to negligently and carelessly not see the Plaintiff graveling on his
motorcycle at or near the Subject Location and wherein Defendants, DYLAN NUCHAEI
EGAN; RICK. ANTHONY EGAN; and Does I to 33, Inclusive, and each of them,
negligently and carelessly entered the Subject Intersection, when it was not reasonably
safe to do so, causing the collision with Plaintiff and/or Plaintiff's motorcycle, which
caused Plaintiff to fly off of his motorcycle and land onto the ground, thereby causing
Plaintiff to suffer severe and permanent ;injuries and damages.
41. As a direct and proximate cause of said Defendants', and each of their,
negligent acts and/or omissions, as alleged herein above, Plaintiff suffered severe and
permanent physical and bodily injuries, received medical treatment for her injuries and
damages, and was treated for those ;injuries and damages by various health care
providers, incurred medical, hospital, other related special economic damages, as well as
past, present and future general damages for her pain, suffering and anguish.
FIFTH CAUSE OF ACTION
Dangerous Conditiou of Public Pz oyerty
Liability Pursuant To California Government Code 4§835 et seg., 840.2 and 945
(Against Defendants, CITY OF RANCHO PALOS VERDES; and Does 67 to 1.00,
inclusive, and each of them)
42. Plaintiff re -alleges and incorporates by this reference each and every
allegation in the foregoing paragraphs as though fully set forth herein.
43. Plaintiff alleges that the acts and/or omissions of Defendants, CITY OF
RANCHO PALOS VERDES; and Does 67 to 100, inclusive, and each of thein, were the
legal (proximate) cause of injuries and damages to Plaintiff.
18
Dartlafzes
A-21
CM -010
ATTORNEY OR PARTY WITHOUT ATTORNEY (!'' ' .. State Bar number, end addrew):
FOR COURT USE ONLY
MICHAELMARZBAN, 1, -�- SBU, 238624
.D{.,
COHEI- ' & MRRZBAN, LAW CORPORATION
Contract
16000 VENTURA BOULSVARA, SUITE 701
Cq�
P.O. BOK 1$200, ENCINO, CA 91416
t N�+1� D COpY
ENCINO, CA 91436
SuperiorCO AoFlLE4
TELBPHONENO.: (818) 986-3332 FAX NO.: (818) 986-5879
County Of LOS fOaiifornia
ATTORNEYFOR(Name: Plaintiff E MY JOSEPH DIVONA
�hciefes
$UPERIOR COURT OF CALIFORNIA, COUNTY of LOS ANGELES
s-rREETADDRESS: 111 NORTH HILL STREET
.
MAILINGA.DDRESS:***************1v***fin***dP**•k :F**/******
Sher,
� 8 cart®r,
CITY AND zip cooa:LOS ANGELES, CALIFORNIA 90012•
BRANCH NAME; CENTRAL DISTRICT
Executive Ottioer�Glerk
8Y: JUdj Cara, f)epufy
CASE NAME: DI VONA V. EG.AN r BT AL.
CIVIL CASE COVER SHEET
Complex Case Designation
CASE Nu ft
CM Unlimited Limited
= Counter 0 Joinder
JUDGR:
(Amount (Amount
demanded demanded is
Filed with first appearance by defendant
exceeds $25,000 $25,000 or less
Cal. Rules of Court 3
( r rule.402 )
DEPT:
IrerrrS l -O ,Oelow muss fie cord lere4u see lnstruGitons on page --I.
1. Check one box below for the case type that
best describes this case:
Auto Tort
Contract
Provisionally Complex Civil Litigation
0 Auto (22)
Breach of contract/warmnty (06)
(Cal. Rulas of Court, rules 3.400-3.403)
= Uninsured motorist (46)
Rule 3.740 collections (09)
0 Antitrust/Trade regulation (03)
Other PUP01WO (Personal Injury/Property
Other collections (00)
Construction defect (10)
Damage/Wrongfui Death) Tort
insurance coverage (18)
Mass tort (40)
0 Asbestos (04)
0 Other contract (37)
Securities litigation (28)
Product liability (24)
Real Property
0 Environmental/Toxic tort (30)
Medical malpractice (45)
Eminent domain/Inverse
0 Insurance coverage claims arising from the
Other Pi/PD/WD (23)
condemnation (14)
above listed provisionally complex case
Non-PIIPDIWD (Other) Tort
0 Wrongful eviction (33)
types (41)
Business tordunfair business practice (07)
Other real property (26)
Enforcement of Judgment
civil rights (08)
Unlawful Detainer
= Enforcement of judgment (20)
Defamation (i3)
Commercial (31)
Mieceilanoous Civil Complaint
Fraud (16)
Residential (32)
Q RICO (27)
intellectual property (19)
0 Drugs (38)
Other complaint (not; specified above) (42)
Professional negligence (25)
Judicial Review
Miscellaneous Civil Petition
0 Other non-Pi/PD/WD tart (35)
Asset forfeiture (05)
= Partnership and corporate governance (21)
Employmsnt
0 Petition re: arbitration award (11)
E= Other petition (not specified above) (43)
0 Wrongful termination (36)
Writ of mandate (02)
CID Other employment (1S)
Other judicial review (39)
2_ This case n is n is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. 0 Large number of separately represented parties d. Large number of witnesses
b. Extensive motion practice raising difficult or novel e.] Coordination with related actions pending In one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. F -K-1 monetary b. 0 nonmonetary; declaratory or injunctive relief c_ = punitive
4. Number of causes of action (specify): six (6) = MOTOR VEHICLE, GENERAL NEGLIGENCE, F S LIABILITY, GOW T. CLAIM
5_ This case 0 is ERJ is not a class action suit.
6. If there are any know related Cases, file and serve a notice of related case. (You a se for -095.)
Date: OCTOBER , 2015
MICHAE _X MARZBAN, E$Q. - SBN: 238624
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY FOR PARTY)
NOTICE
0 Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
• File this cover sheet in addition to any cover sheet required by local court rule.
. if this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover shoot on all
other partles to the adion or proceeding-
-P Unless this is a collections case under rule $.740 or a complex case, this cover sheet will be used for statistical purposes only.
irm Adopted for Mandatory vac
Judicial Council or Californle
CLWI0 [Rev. July t, 2007]
CIVIL CASE COVER SHEET cel• Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
�'+n y t gn.Z_ Cal. Stenderria of Judldd AdminjStrstlon, aid. 3.10
A-22