Removal to Federal Court

Cal. Super. - 6th Dist.December 16, 2019

I NICK MARTIN (SBN 267708) nick.martin@wiisonelser.corn 2 DANIFL OREN (SBN 322426) daniel.oren wilsonelser.corn 3 WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP 4 525 Market Street, 17th Floor San Francisco, Ca 94105 5 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 6 Attorneys for Defendant, 7 DSW SHOE WAREHOUSE, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 JENNIFER SINNOTT, an individual, and Case No. 19CV360372 11 ANTHONY MILLER, a minor by and through his Guardian Ad Litem, JENNIFER DEFENDANT DSW SHOE WAREHOUSE, 12 SINNOTT, INC.'S NOTICE TO STATE COURT OF REMOVAL 13 Plaintiff, 14 V. 15 DSW SHOE WAREHOUSE, INC., and DOES Complaint Filed: December 16, 2019 1-50, inclusive, DSW Served: January 14, 2020 16 Defendants. 17 18 TO THE HONORABLE COURT AND THE CLERK OF THE COURT: 19 NOTICE IS HEREBY GIVEN on February 13, 2020, Defendant DSW SHOF, 20 WAREHOUSE, INC. ("DSW"), by and through its attorney of record, filed in the United States 21 District Court for the Northern District of California, a Notice of Removal of the above-captioned 22 matter. Attached hereto as Exhibit I is a true and correct copy of the Notice of Removal (including 23 exhibits) filed with the Federal Court. 24 Pursuant to 28 U.S.C. IJ 1446(d), filing the aforementioned Notice of Removal with the 25 United States District Court for the Northern District of California, along with filing the present 26 Notice with this Court, effects the removal of this action and requires that this Court take no further 27 action unless and until this matter is remanded. 28 /// i DEFENDANT DSW SHOE WAREHOUSE, tNC *S NOTICE TO STATE COURT OF REMOVAL Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/13/2020 2:32 PM Reviewed By: R. Tien Case #19CV360372 Envelope: 4027489 I Dated: February 13, 2020 WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP Attorneys for Defendant DSW SHOE WAREHOUSE, INC. 10 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 2 DEFENDANT DSW SHOF. WAREHOUSE, INC.'S NOTICE TO STATE COURT OF REMOVAL EXHIBIT yI I 1 I NICK MARTIN (SBN 267708) nick.martin@wilsonelser.corn 2 DANIEL OREN (SBN 322426) daniel.oren@wilsonelser.corn 3 WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP 4 525 Market Street, 17th Floor San Francisco, Ca 94105 5 Telephone: (415) 433-0990 Facsimile; (415) 434-1370 6 Attorneys for Defendant, 7 DSW SHOE WAREHOUSE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 JENNIFER SINNOTT, an individual, and Case No. 11 ANTHONY MILLER, a minor by and through his Guardian Ad Litem, JENNIFER NOTICE OF REMOVAL TO FEDERAL 12 SINNOTT, COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. 13 14 V. 15 DSW SHOE WAREHOUSE, INC., and DOES Complaint Filed; December 16, 2019 1-50, inclusive, 16 Defendants. 17 18 TO THE CLERK OF THE ABOVE-ENTITLED COURT: 19 PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. () 1332, 1441, and 1446, 20 Defendant DSW SHOE WAREHOUSE, INC. ("DSW") hereby seeks removal of civil case 21 number 19CV360372 from the Superior Court of California in and for the County of Santa Clara 22 to the United States District Court for the Northern District of California. 23 GROUNDS FOR REMOVAL: 24 1. DSW's basis for removal is diversity jurisdiction under 28 U.S.C. Ij 1332(a). As 25 will be fully discussed below, the State Court Action is between citizens of different States as 26 defined in 28 U.S.C. Ij 1332(a)(1), and the amount in controversy is greater than $75,000. 27 2. Removal to the Northern District of California is proper because this District 28 includes Santa Clara County, California, where the State Court Action is currently pending. 28 I NOTICE OF REMOVAL TO FEDFRAI. COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. 1 U.S.C. FI 1441(a). 2 3. DSW was served with the Summons and Complaint in the State Court Action on 3 January 14, 2020. Therefore, the removal is timely under 28 U.S.C. I'I 1446 (b), (c). 4 4. DSW will file a copy of this Notice of Removal with the clerk of the Superior 5 Court of the State of California, County of Santa Clara, and will serve a copy on Plaintiff, as 6 required by 28 U.S.C. II 1446(d). 7 THE STATE COURT ACTION: 8 5. On December 16, 2019, Plaintiffs Jennifer Sinnott and Anthony Miller 9 ("Plaintiffs") commenced the State Court Action by filing a Summons and a Complaint naming 10 DSW as defendant, along with other Doe defendants. The Complaint was assigned as Case No. 11 19CV360372. 12 6. Pursuant to 28 U.S.C. Ij 1446(a), a true and correct copy of Plaintiffs* Summons 13 and Complaint filed in the State Court Action is attached hereto as Exhibit A. DSW has not 14 been served with any other pleadings filed or any orders entered in the State Court Action. 15 7. The Complaint alleges that Plaintiffs were injured when Plaintiff Jennifer Sinnott 16 tripped at fell over a pallet in a DSW store, causing injury to Sinnott and her child, Plaintiff 17 Anthony Miller, whom Sinnott was carrying. Compl. $ 14. 18 COMPLETE DIVERSITY EXISTS: 19 8. According to the Complaint, Plaintiffs reside in Solano County, California. 20 Plaintiffs are therefore citizens of the State of California. 21 9. DSW is incorporated in the State of Missouri, with its principal place of business 22 in the State of Ohio. DSW is therefore a citizen of both the State of Missouri and the State of 23 Ohio. Attached hereto as Exhibit B are true and correct copies of the corporate records from the 24 Secretary of State for the State of California, Missouri, and Ohio, thus confirming DSW's 25 citizenship. 26 10. The citizenship of Doe defendants, sued under fictitious names, should be 27 disregarded for the purpose of removal. Newcombe v. AdolfCoors Co,, 157 F.3d 686, 690 (9th 28 Cir. 1998). 2 NOTICE OF REMOVAL TO FEDERAL COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. 1 11. Therefore, complete diversity of citizenship exists between Plaintiffs and DSW. 2 AMOUNT IN CONTROVERSY IS GREATER THAN $75.000 3 12. The amount in controversy is based on the relief a plaintiff theoretically could 4 obtain ifhe or she was successful on all the claims. Campbell v. Vitran Exp., Inc. 471 F. App'x 5 646, 648 (9'" Cir. 2012). 6 13. "A defendant's notice of removal need include only a plausible allegation that the 7 amount in controversy exceeds the jurisdictional threshold." Dart Cherokee Basin Operating 8 Co., I,LC v. Owens, 135 S. Ct. 547, 554, 190 L. Ed. 2d 495 (2014). 9 14. "[T]he status of the case as disclosed by the plaintiff s complaint is controlling in 10 the case of a removal." St. Paul Mercury Indem. Co. v, Red Cab Co., 303 U.S. 283, 291, 58 S. 11 Ct. 586, 82 L. Ed. 845 (1938). See also Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 402- 12 403 (9'" Cir. 1996) (jurisdictional facts stated in plaintiff s state-court complaint control unless 13 plaintiff can prove to a "legal certainty" that his pleading was inaccurate). 14 15. Plaintiffs'omplaint alleges that the State Court Action is an "Unlimited Civil 15 Action" with an amount demanded exceeding $25,000. (Civil Case Cover Sheet is attached 16 hereto as Exhibit A) 17 16. Plaintiffs also filed a Statement of Damages, wherein each Plaintiff alleges 18 General Damages of $ 10,000,000.00. (Statement of Damages attached hereto as Exhibit C) 19 1. While DSW denies the allegations set forth in the Complaint and maintains that 20 Plaintiff is not entitled to any of the damages they seek, in determining the amount in 21 controversy, "a court must assume that the allegations in the complaint are true and assume that a 22 jury will return a verdict for the plaintiff on all claims made in the complaint." Campbell, 471 F. 23 App.'x at 648 (citing Kenneth Rothschild Trust v. Morgan Stanley Dean Witter, 199 F. Supp. 2d 24 993, 1001 (C.D.Cal. 2002). 25 2. Based on Plaintiffs'llegations in the Complaint and the Statement of Damages, 26 the amount in controversy requirement is satisfied. 27 3. Accordingly, DSW has demonstrated thatremoval is appropriate. 28 /// 3 NOTICE OF REMOVAL TO FEDERAL COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. I RESERVATION OF RIGHTS 2 4. In undertaking this analysis, DSW does not concede the truth of any of the 3 allegations set forth in the Complaint. All paragraphs and provisions contained herein are 4 adversarial in nature, operate under all necessary assumptions and presumptions, and are set 5 forth for the limited purpose of removing said matter to Federal Court. 6 WHEREFORE, based on the foregoing, DSW respectfully removes this action from the 7 Superior Court of California, County of Santa Clara, to this Court. 10 Dated: February 13, 2020 WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP 12 13 14 15 Attorneys for Defendant DSW SHOE WAREHOUSE, INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 4 NOTICE OF REMOVAL TO FEDERAL COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. EXHIBIT AHI I SUM-100 SUNIINONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: 12/1 3/2019 6:09 PM (AVISO AL DENANDADO]I Clerl: of Court DSW SHOE WAREHOUSE, INC., and DOES 1 through 50, Induslve Supilrior Court of CA, Couiity of Santa Clara YOU ARE BEING SUED BY PLAINTIFF: 19C'/360372 (LO ESTA DE(y(ANDANDO EL DEMANDANTE)I Revibwed By: L. Quach-Marcellbna JENNIFER SINNOTT, and ANTHONY MILLER, a minor through his OAL JEENIFER SINNOTIynVI IOPe: 3776413 No TICE I You neve been sued. The court msy cedde against you without your bdmg heard untess you respond within 30 days. Read the infonnagon below. You have 30 CALENDAR DAYS after yds summons snd legal pepws are served on ycu to tile a wdaen response st Ns courl end have a copy served on the plalnbif. A leger or phone csk will not pmtect you. Your wftIbm response must be In proper legal form If yov want gm wart to hear your case. There msy be a court form amt you cfm use for your response. Yov can And these court forms and more kfionmN n at fhe caliiomla courts Online SslAHelp Center (www.coufdnfotw.govAfsiihefp), your county lew Ikvwy, or lhe courthouse nearest you. If you mnnot psy afe tiling fse, ssk Ihe corm dark for e fee waiver form. If you do not ee your nwponde on Sme, you may lose Ihe csee by defsuh, and ymv wages, money. and propmty may bs taken wbhout further warning from gw courL 'There are othw legal requirements. You may went m csk en attorney nght sway. If ycm do not know an saomsy, you may want to cak en saomey referral swvlce. If you cannot alford sn attorney, you mey be eligible for free legal services from a nonproilt legal services progmm. You mn lmwle Ihese nonprofit groups at the Calffomkf Legal Servlmm Web site (www.lswh~aofgk the California Courls Online Self-Help Center Iwww. cofddfvb.cw.govrbelgfslp), or by contsdlng your local court or oavnty bar ssscdfmon. NoTE; The court hss a slstulory lien for waived fees end costs on any easement or arNrszcn sward of 310,000 or more In s dvll mss, The cowrs len must be paid bsfom the court will dkfmkw lhe case. IAVISOI Lo hen dvmsndsdo. Si no fsdponds dsneo ds 30 dies, Is curls puede deoldfr en du contra sfn edcuchereu vsrfddn. Lee Is Aabfmfmfdn e confkfvacfon. )Term 30 D/AS DE CALENDAITIO despvss ds que Ie enssguen eats odeum y pepeiss Iegsirmpwa prsenlsr uns mdpuedhf por eswho en ess doris y hscsr que ds entregus uns cfvfhf si ddnnmownh» Uns curls o une ifemsde fhrfdfvm no m pmtegsn. 3u rsdpuesm por edcfffo dens que as«fr en fonneto legal coneclo fd doses qus procsden du CedO en Ao curie. Esposes qve hays un Amnuhfdo que usa@i pusde ussr pwa su mdpuedk» puedv enconkmass»o Ionnuhrios ds le dorts y fnas Inhyfmeckm en el canes ds Ayuds de Aw cortes de calffomkf Ilwww.sucorte.ce.govi, en Ie bftdlotscs de is)vs ds su mndsdo o en ls curls qvs Ie quads fmis fwnm. 3I no pusds pager Ie cuohf ds pmwmteddn, pide ai mwetarAJ de Ie sorts qus Is dd vn SrmWerto ds exend6n de pago ds cuoles. Si no prvmnle wf redpfmfde s rwmpo, pueds perdsr ei csdo pcr Afwmfpbnhfnto y Ao colts Af podrd queer su suckle, dinem y bisnss ser mdsedawtende. Hsy otroe mqWWtos Iegsies Es mcomendeble que Zsrne e un ebogsdo Inmedialsmerue. Sl no coffoos e un abogado, puedv lhffI a un mndolo de mmlsSn e sbogedos Sino puede pager e un ebogedo, es posbkf que cumpl'e mn Iod sqvislos pars obhmer swvfdos Afgehm grrduNos ds un Pfugrmne ds vwvldcs Iegeiss sfn Pnes ds lucm. Pudde enoonlrer edfoe groped Sin Pnes de Amm sn sf sfdo web d'e Cddkvnko Legal Ssnricss, (www.lswfwlpfwlNbrnie.arg), en ei cense de Ayude ds Ise cortes de cfNAynva (www.effccfts.cf»gov) o pongndode en con!ecto ccn Is owfs o si coletpo dd ebogsdos Iocslea Avisor por Isy, Ie feria bene dwecho e reckomar Aw cuohm y los ooslos effected por Imponsr un gmvmrfen dobm cuslquier fecupdrsddn de $10,000 d mcs de vabr mdbide medienle un mwerdb o wm ofmaes5n ds wbisa/e en un coom ds demcho eM. Tlsne que pager ei gravwnen ds Ie sorts entes ds qus Ie cfmu pusds dewmhw ei csw» The name and address of the court ls: l CASE NUMBER: (Ndmero dei Casu)r (Eindmbra y fglacfddn de la ccdfe es): Santa Clam Sugeficr Court Dovmtown- tgt N. ~ 19CV360372 1st StraaL San Jose, CA 95113 WWWW1af1 coda al clod wmoodlow TS ofoaa. 4oo www,oowfaosdov Fwm Adoalod for Moadolary uoa Judklol Cwmod of Colfawdo suu-100 lnou. July 1. mml The name, addnms, and telephone number of plalngtrs agomay, or plaintgf whhout an attorney, ls: (El nomtva, la diaookht y ei ndmero de tehffono dei abcgado dei dsmandante, o dei demandanfa que nc Ifene abogado, ea): Rodrigo Suarez, Esq., 714 W. Olympic Blvd. ¹300, Los Angeles, CA 90016; 213-748-7734 (Pacha) "~ 12/16/2019 6:09 PM Cl d, f C ~ Clmk by L. Quach-Marcellana eputye o ou (Secratado) (At(kin«y) (Forproof ofservice of fhia summons, uss Proof of Sendce of Summons (fohn PCS&10).) (Para prueba de anlraga ds asta cga¹dn use ei formulado Proof of Service of Summons, (POS-010).) NOTICE TO THE PERSON SERVED: You ara served dn )o» ow + 1. ~ as an Individual defendant. dw& 2, ~ as the person sued under the gctlgous name of (specify): Qg on behalf of (specify) DSW ShOe Warehouse, Inc. under.~ CCP 416.10 (corporation) ~ CCP 416.60 (minor)~ CCP 41620 (defunct corporation) ~ CCP 416.70 (conservatee)~ ccp 416AO (assodallon or partnership) ~ ccP 416.00 (authorized person) 4wee,~ . ~ other (spedfy)r 4. ~ by personal delivery on (date) SUMMONS CM-01 0 Pcff COURT UEE ORL Y E ectronically Filed b / Superior Court of CA, c Dunty of Santa Clara, ol1 12/16/2019 9:09 PM RSvlewed By: L. Quach-Marcellffna Ae)58e «19CV390372 C. 1velope: 3778413 1 9CV360372 AyofcIecvo)PARTY wgloUTATTCRNEY Pfeme, salesernumomjf~: Law OIUces of Jacob Emrsnj 714 W. Olympic Blvd., suite ¹300 Los Angcjcs, CA 90015 TELEPffoRE Ro.r 213-748-7734 pnx mfe 213-748-8879 ATTCRREY FOR fm~fr Jennifer Sinuott Bnd Anthony Miller (8 minor) sUPERloR coURT 0F OAUFDRRIA, coUR1v oF SANTA CLARA smEETAOORE33: 191 N. FirSt St. und.wsnoonmsf .191 N. Fhgt St. Ofvnffcxfncoos: Cmm fnom O'4 0&1 I 3 ERARCR Ranee IDowntdwn Superior Gouithouse CASE NAME: Jennifer Sinnott, ct al v DSW Shoe Warehouse, et Bl CIVIL CASE COVER SHEET Complex Case DeslgnaUon 23 Ungmlted Limited (Amount (Amount demanded demanded ls Filed with Umt appearance by defendant exceeds 325.000) $25.000 or less) (Cal. Rules of Court, rule 3.402) //erne 5-5 below must be comp/9/ed (see /nstrudfons on page 2). 1, Check one box below for the case type that best describes this case: Auto Tort I3 Auto (22) Uninsured motorist (46) other PI/PD/wn (Personal In)my/Property Breach of ooncad/ufsfmnty (06) Rule 3.740 coSedlcns (09) other cosocticns (69) Insurance coverage (18)sge/Wrongful Dssth) Tok Aabeslos (04) Product SROSSy (24) Medical malprdcSce (45) Other contract (37) Rest Property Eminent domain/Inverse ocndsmnsson (14)~ Wrongful svlcfon (33)~ Olher real pfopsfqf (26) U wfui Detainer Commerdsl (31 ) Rsaldnnssl (32) C3 Drugs(38) udlclsl Review M Asset forfeiture (05) Cl PRSSon re: s*craSon sward (11)~ Writofmandsts(02) Other ludlolsl reulsw I39) [K Olhsr Pl/PD/WD (23) Non-PUPD/WD (Other) Tort M Business tofyunfslr business prs05ce (07)~ Clvs righto (08) M Defamation (13) Fraud (16) IntsSecbml properly (19) C] Profess/onal negSgsnce (25) J M Other non-Pl/PD/WD tort (35) Em loyment Wrongful termlnscon (36) Other employment (16) PnwlsionaSy Complex Diva Lhlgstlon (Cak RWes of Court, rules 3.490-3AOS) AnSIrust/Trade regulsSon (03) e Construdlon defed (10)Mess tort (40) Securities IagaSon (28)~ Emeonmsnlsl/Toxic tort (30) C3 Insurance covemce dslms arising from Ole above Ssted hkesSy complex case types (41 ) prov Enforcement of Judgnwnt W Enforosment of judgment (20) lalscsusnsous Clvg Complaint W RICO(27)~ Other compkdnt (nol opsdfffW above) (42) MIECESsnsous CIUB Petition Partnership and mrporate governance (21) Cj Other pesson (nor sfefc///sd above) (43) 2. This case LJ is M is not complex under rule 3.400 of the Califomkl Rules of Court. If the case Is complex, mark the factors requiring excepdonal judldal management s. M Large number of separate/y represented parties d. Large number of witnesses b. Extensive mo5on pracgce raising difgcult or novel e. Coordination with related acgons pending in one or mors courts issues that wgl be Umewonsuming to resolve in other counties, states, or counbtes, or In a federal court c. M Substantial amount of documentary evidence f. Substantial posljudgment judidal supervision 3. Remedies sought (check al/ fha/ apply) f 9 IX monetary b.~ nonmonetary; declaratory or InjuncUve regef c.~ punitive 4, Number of causes of acgon /Spec/fy)f 2 5. This case C3 ls [X is not a dass action suiL 8, If there am any known related cases, file end serve a not/ce of re/ated case. CBRS/55.) Date: December 16, 2019 'odrigoSuarcz, Esq. /fr//r74 g/Vf~ /TYPE OR Pnfmr RARE) ~sfsRATU w «Tpmme ofwsvooseeaacp& NOTICE C ~ PlaintSf must fge this cover sheet with the Urst paper Sled in the action or proceeding (except snlbg claims cases or cases fgad under the Probata Code, Family Code, or Welfare and Instltu5ons Code). (Cal. Rules of Court, rule 3.220.) Failure to ISe may result in sanctions. ~ F(le this cover sheet in addition to sny cover sheet required by local court rule. ~ If this case Is complex under rule 3 400 et seq. of the Cagfomla Rules of Court, you must serve a copy of this cover sheet on ag other parties to the act/on or proceeding. ~ Unless this is a coUecUons case under rule 3.740 or a complex case, this cover sheet wgl be used for statlsUcal purposes only. Peace ef2 Poml Aden/all alr uafmafccu Uao CIVIL CASE COVER SHEET CaL Rufee of Ccmtt tufm 20/2 3220 2400-3403, 32nd; Jud'ciaf Counca d Cafdomf~ caf. Eundanle of Judloml Admlnlefraeon. Ofd. 3.10 Cuofo Peu. Jeff f. 200TI nlImmurdllfnoo.00Y poco x of x INSTRuCTIONS ON HOW TO COIIIPLETE THE COVER SHEET To Plaintiff's and Ogrers Fglng First Papers. If you ars tiling 8 first paper (for exampkr, a complaint) In e civil case, you must complete and tile, /dang with your first paper, the C/v// Case Cover Sheet contained an page 1. This Info/maBon wlN be used to compile abdlstlcs about the types snd numbma of cases flied. You must complete Items I through 8 on the sheaL In item 1, you must chedc one box for the casa type that best describes the casa. If the casa tits both 6 general and 6 mors specNc type of case Ihted In item 1, check the mom specglc onm If the case hes mulbple crwses of acgon, check the box that test Indicbtes the primary cause af action, To assist you In cample5ng the sheet, examples of the cases that belong under each case type in Item I ere provkled below. A cover sheet must be flied only wgh your Injgsl paper. Fallws to Ee s cover sheet with the first paper gled In e dvll case msy subject s party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties In Rule 3.740 Collectlorm Cases. A "cogectlons case" under rule 3.740 Is deilned ss en acNon for recovery of money owed in a sum stated to be certain that ls not more than $25,000, exduslve of hterest and~ fees, arising from 6 transscgon in whkh property, services, or money was acquired on cradL A collections casa does not indude sn actkm seeldng the following: (1 ) to/t damages, (2) punitive damages, (3) rscovmy of nml property, (4) recovery of personal property, or (5) 6 prejudgment writ of attachment. The IdentINcagon of a case as 8 rule 3.740 cogec5ons case on 056 form means that It will be exempt from ihe general tbne-for-service reqcdrements and case management rules, unless a defendant Ries 6 responsive pkmding. A rule 3.740 collecNons case will be subject to ths requirements for service end obtaining 6 judgment In rule 3.740. To Parties In Complex Cases. In complex cases only, parges must rdsa use the Cfvt/ Case Cover Sheet to designate whether the case is complex. If 6 pbtintllf beNeves the case ls complex under rule 3 400 of ths California Rules of Comt, thh must be Indkated by completing the spproprlale boxes in items 1 and 2. If 6 plaintiff designates 6 casa as complex, the cover sheet must be served wgh Ihe compbrlnt on sll parties to the action. A defendant may tile snd serve no later than the gme of Ns first appearance a joinder In gm plslngll'5 designation, 6 counter&eslgnegon that the case ls not complex, or, If Be pbrlnBII hss made no designation, a designation that Ihe casa is complex. CASE TYPES AND EXAMPLES Auto Tort Contract rovslana Iy Compbm Diva Udgatlon (Cal. Auto (22)-Psnenal Injury/Praparty Breach oi Caatrsd/Wsnanly (86) Rules of Comt Ruhs NAa~ Damage/Wrongful Death Breach of Racist/Laaaa Anixnel/ nds Regular (03) Uninsured Motorist (48) (/fae Contract (no/ unbar/a/ kris//er Comurucsan Defect (1 0) esse bxe/ves an unbuwrad ar wongtu/ srvfcbcvd Qabns Involving Mass Tort(40) Iaarar//5 4/a/m %lb/IGt /a Causa~ Bresdr-Brier Sscurhlas UNgatlon (28) arb/baNan, check rh/x Nam Plaintsf (nal Nacrdor~) Envbanmarmyrcrdc Tort (30) /askedofAura) Negligent Breach of Canixocu Insurance~ Qslms Other Pl/PD/WD (Personal Injury/ Wammiy (arbrrng Num /xov/xkxeby comp/ax Property Osage/Wrcmgfut Death) Other Breach of Contract/Wananty casa type Naiad above) (41) Tart Callsccons (e.g., manay owed, open Enforosment of Judgment Asbsslox (04) beak accounts) (08) Enfamsmenl af Juckynent (20) Asbestos Property Damage Collac5an Casa-Sofar PlainÃ Atebact of tuck/mant (Out of Asbsslas Pamanal Injury/ Other Promissory Nate/Callacsans County) Wmng/ul Death Casa Confession af Judgment (non- Praduat Llabciiy (no/ esbaalav ar Insurance Coverage (na//xav/dare/(r domsalfc a/abc/a) /axlalmvironaearac (24) cxvnp/ax) (1 6) Sbrtar Slats Judgment Medical Malpracsca (45) Auto Subragscan AdmlnlabaNva Agency Awed Madkel Mslprac5ca- Othar Coverage (nal unpak//csex) Phyvldans 8 Surgeons Olher Consad (37) Pesso~n of Erey of Olhsr Pafesslansl Hreuh Care Cantradusl Fraud Judgment on UnpsM Taxes Malpladlca ONrar Conlmd Divpuca Oerw Enfarcamant of Judgment Other Pl/PD/WD (23) Real Propariy Premises Usblbty (a4/., asp Eminent Damainnnvarxe lalsaaaanaous Clvg Complaint and fall) Candamnalian (14) RICO (27) Intansansl Bodily Injury/PD/WD Vnaag/ul Evi csun (33) @her Complaint (nor cpadgvd (rcg., assault, vandalism) Other Real Property (a.g„quiet Nile) (26) inlantlonel InNictlcn of Emaconai D/vtmss Wra of Poxxascion of Real Properly Marlgaga Faradasura Injuna5ve ellaf Only (ncw- Nagligant InNIcaan of Qulel Tll/s Emaaarel Diviraov Olhsr Real Pmpariy (aa/ em/can/ Olhsr Cammsrdal Campbrlnt ONer PNPD/WD dama/n, /andbrdfwrsn/, or Non.PNPDA5/D (Other) Tort /aradaaxa) Case fncn4artcranecrrrprex) Business Tort/Unfair Business Unlawful Detainer Other Clvc Complaint pen4ar//hotHONg&x) PraaNcs (07) Commardal (31) Misoaaanaous Clvg Patlaon Civil Rights (a.g., dlaarlmlnssan, Ravldancsl (32) false amet) (na/ dvN Drugs (38) fl/the esse brva/vas /54/)s/ Cbcvamsaca (21) hsraxxman/) (58) dlclgv, caaak Nrb Nwn; caeno/m, Other Pe55an fna/cpadaad Dafamssan (a.g., dander, libel) rsparr av Ccrnmrvab/ or Rsxkbnps9 sbcnar (43) (13) Judldat Review Civil l(aravsmant Fraud (16) Asset Forfeiture (05) Intallsdual Property (15) Paacon Re: Arbbracon Award (11) Pm/avaunt Nagscares (25) Writ of Mandata (02) Legal Malpraasca Wrtt-okdmlnlsussva Mandamus Deter Professional Maipmcrlce Wrtt-Mandamus on Limited Court Paccon for Name Change (nor rrecacd or /aga/) Cava Maser Passan for ReNaf Fmm Lsta Dinar Nan.PI/PD/WD Tort (35) Writ-Olhar Umltad Court Case Qalm Emplaymant Review Deer CMI Psscan Wrongful Tennlmukm (36) Other Judldal Reiiew /39) Dinar Employment (15) Review of Hcelth Cgcar Order Noses ol Appeal-Labor Cammlvvlanar Au/calx CIVIL CASE COVER SHEET 1 RODRIGO SUAREZ, ESQ. (SBN 259601) LAW OFFICES OF JACOB EMRANI A Professional Corporation 714 W. Olympic Blvd., Suite 300 Los Angeles, CA 90015 4 Telephone: (213) 748-7734 Facsimile: (213) 748-8879 Rod@calljacob,corn E-FILED 12/16/2019 6:09 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV360372 Reviewed By: L. Quach-Marcellan: IGan Mottahedeh (SBN 247375) SM LAW GROUP, APC 16130 Ventura Blvd., Suite 660 8 Encino, CA 91436 Tel: (818) 855-5950 Fax: (818) 855-5952 /dan smlawca.corn Attorneys for JENNIFER SINNOTI', an individual, and ANTHONY MILLER, a minor by and through his Guardian Ad Litem, JENNIFER SINNOTT 12 13 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY - DOWNTOWN COURTHOUSE JENNIFER SINNOTT, an individual, and ANTHONY MILLER, a minor by and thmugh 17 his Guardian Ad Litem, JENNIFER SINNOIT, 18 Plaintiff 19 vs. 20 DSW SHOE WAREHOUSE, INC., aud DOES 1 21 through 50, inclusive, 22 23 24 ) 19CV360372 Case No. ) COMPLAINT FOR PERSONAL INJURIES ) I) Negligence, and ) 2) Premises Liability, ) DEMAND FOR JURY TRIAL ) ) ) ) ) ) 25 COMES NOW Plaintiff JENNIFER SINNOTT, an individual, and ANTHONY MILLER, a minor 26 by and through his Guardian Ad Litem, JENNIFER SINNOTT for causes of action against Defendants 27 DSW SHOE WAREHOUSE, INC., and DOES 1 thmugh 50, inclusive, who complains and alleges as 28 follows: I COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL I I. JURISDICTION AND VENUE 2 1. This Court has jurisdiction over this action pursuant to the California Constitution, Article 3 VI, Section 10, which grants the Superior Court "original jurisdiction in an causes except those given by 4 statute to other courts." The statutes under which this action is brought do not specify any other basis for 5 jurisdiction, 6 2. This Court has jurisdiction over all Defendants because, upon information and belief, each 7 party is either a citizen of California, has sufficient minimum contacts in California, or o~ 8 intentionally avails itselfof the California market so as to render this Court's jurisdiction over it consistent 9 with traditional notions of fair play and substantial justice. 10 3. Defendant DSW SHOE WAREHOUSE, INC. (hereinafter "DSW") and at all times herein 11 mentioned is, a corporation incorporated in the State ofMissouri, and doing business in several counties in 12 the State ofCalifornia DSW is a foreign corporation who has filed a statement designating as its principal 13 place ofbusiness 447 Great Mall Dr,, Milpitas, CA 95035, and therefore, venue is proper in Santa Clara 14 County as the principal place ofbusiness in California see Code ofCivil Procedure $ 395 and California 15 Corporations Code jl 2105 16 17 4. At all times mentioned herein, Plaintiffs JENNIFER SINNOTI; an individual, (hereinafier 18 SINNOTT) and ANTHONY MILLER, a minor (hereinafier "MILLER") (jointly, SINNOTT snd MILLER 19 will be referred to as PLAINTIFFS) are individuals residing in County of Solano, State ofCalifornia. At 20 the time of the injury, SINNOTT was she was 40 years old and MILLER was 4 years old. 21 5. At all times mentioned herein, Defendant DSW, is a corporate entity duly organized and 22 existing under and by virtue of the laws of the State ofMissouri and authorized to do business in the State 23 ofCalifornia with its principal place ofbusiness in Santa Clara County, 24 6. Plaintiff is informed and believes, and thereon alleges, that at all relevant times mentioned 25 herein, on the day of the INCIDENT, September I, 2018, defendant DSW, owned, managed, supervised, 26 controlled, and/or operated the DSW Designer Shoe Warehouse Store, a shoe store, which is located at 151 27 Plaza Drive, Vallejo, CA 94591 (hereinafter, the premises will be referred to as DSW STORE). 28 /// 2 COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL 1 7. The true names and capacities, whether individual, corporate, associate or otherwise, of 2 defendants and Does 1 thmugh 50, inclusive, sre unknown to Plaintiffat this time, who therefore sues said 3 defendants by such fictitious names. When the true names snd capacities of said DEFENDANTS are 4 scertained, Plaintiff will seek leave of Court to amend this Complaint to allege their true names and 5 capacities. Plaintiff are informed and believe and thereon allege that each Defendant designated herein as 6 a DOE is responsible in some manner for each other Defendant's acts and omissions and for the resulting 7 injuries and damages to Plaintiff, as alleged herein. 8 8. DSW and DOES 1 thmugh 50 jointly, shall be referred to as "DEFENDANTS." IIL GKNKRAL ALLEGATIONS 10 9. Plaintiff is informed and believes, and thereon alleges, that DEFENDANTS, inclusive, 11 were agents, servants, employees, successors in interest, and/or joint venturers oftheir co- 12 DEFENDANTS, and were, as such, acting within the course, scope, and authority of said agency, 13 employment and/or venture, and that each and evtxy defendant, as aforesaid, when acting as a principal, 14 was negligent in the selection ofeach and every other defendant as an agent, servant, employee, 15 successor in interest, and/or joint venturer. 16 10. DEFENDANTS, were individuals or entities responsible for the design, configuration, 17 maintenance, repair and/or upkeep ofDSW STORE. 18 11. Plaintiffs are informed and believe and thereon allege that each of the DEFENDANTS 19 designated herein as a DOE are responsible, in some manner, for the events and happenings herein referred 20 to, thereby proximately causing the injuries aud damages to Plaintiffs as hereinafter alleged. 21 12. Plamtiffs name DEFENDANTS herein, snd each of them, because Plaintiffs are in doubt 22 and do not know exactly &om which ofsaid DEFENDANTS are entitled to redress and whether the injuries 23 and damages to Plaintiffs herein alleged were caused by the combined negligence of all DEFENDANTS 24 orby the concurrent or successive and separate negligence ofDEFENDANTS, and/or one or more ofthem. 25 For that reason, Plaitiff name all ofsaid DEFENDANTS and will ask for the determination ofthe liability 26 ofeach and all of said DEFENDANTS in this action and to what extent and what responsibility falls upon 27 each of the said DEFENDANTS, and that judgment be awarded to Plaintiff's ss against such or all of the 28 3 COMPLAINT FOR PERSONAL INJURIES; D~ FOR JURY TRIAL 1 DEFENDANTS, either jointly or severally, as may be found liable. IV. STATEMENT OF FACTS 3 13. This is a personal injury action arising out of a slip-and-fall accident which occurred on or 4 amund September 1, 2018. 5 14, On September 1, 2018, PLAINTIFFS were patrons at DSW STORE. While at DSW 6 STORE, SINNOTT was walking down an aisle loohng fbr shoes to purchase, she was accompanied by 7 her four-year-old son, MILLER. PLAINTIFFS, with reasonable caution and due care, pmceeded to walk 8 down the aisle. Upon doing so, JENNIFER tripped snd fell on a pallet that had been left on the ground and 9 had been covered by black plastic. As she tripped, she fell on her four-yearold son, causing them both 10 injuries. SINNOTT reached out with her right hand to break the fhll but was unable to. She struck her head, 11 causing a concussion, and injured her right finger, right shoulder, her back and scratches and bruises 12 generally on her body. MILLER, was crushed by her mother's weight and being pushed to the ground, 13 suffering multiple bruises, scratches and injuries to his neck, upper-mid-lower back and pelvis. Hereinafter, 14 this will be referred to as the INCIDENT. 15 15. While attempting to get up Qum the floor, PLAINTIFFS experienced extreme pain in their 16 bodies as descrtl&ed above. PLAINIIFFS were both treated for their injuries days later. SINNOTT was 17 ultimately diagnosed with a 2- 3mm left paracentral disc osteophyte complex causing spinal canal and left 18 foraminal stenosis at C6-C7. A 3mm disc osteophyte complex causing spinal canal and bilateral furaminal 19 stenosis with effacement of the spinal cord ac C5-C6. And, a lmm osteophyte complex at C4C5. In 20 addition, SINNOTI'as diagnosed with a Smm L5-Sl protrusion displacing the Sl nerve mot with 21 bilateral foraminal narmwing, and mild bilateral narmwing at L34 and L4-5. Mrs. SINNOTT was also 22 diagnosed with mild moderate supraspinatus tendinosis and mild subscapularis tendinosis without a focal 23 tear, mild biceps tendinosis without a focal tear, mild to moderate osteoarthrosis of the acromioclavicular 24 joint with inferior osteophytes that place SINNOTT at an increased anatomic risk of acmmioclavicular 25 impingement. Also, a small to moderate amount of Quid was located in the subacmmial subdeltoid bursa, 26 As a result of these injuries, on or around August 7, 2019, SINNOTT underwent a Lumbar Trsnsforaminal 27 Epidural Injection to esse her pain. SINNOTT's current medical condition is guarded and she is still 28 4 COMPLAINT FOR PERSONAL INJUMES;D~ FOR JURY TRIAL I experiencing pain to this day and expected to continue to feel pain in discomfort in the future. MLLER, 2 uadcrvnmt chiropractic treatment as a result ofhis injury. 3 FIRST CAUSE OF ACTION NEGLIGENCE 5 (Against all DEFENDANTS) 6 16. Plaintiffs re-allege and incorporates herein by reference each aad every allegation contained 7 in paragraphs 1 through 15. 8 17, Plaintiffs are informed aad believe, and thereon alleges, that said DEFENDANTS, owed a 9 duty of care all reasonably foreseeable people, including Plaintiffs, to maintain, operate, patml, service, 10 fhcilitate, inspect, and/or control the DSW STORE in reasonable manner. 11 18. Plaintiffs are infoaned snd believe, aad thereon allege, that said DEFENDANTS, and each 12 of them, and/or their employees, agents, servants, aad independent contractors, did negligently, carelessly, 13 recklessly maintaiaed, operated, patrolled, serviced, inspected, and/or controlled the DSW STORE. 14 19. Plaintiff are infoaned snd believe snd thereon allege that DEFENDANTS, and each of 15 them, said careless, negligent, reckless, and unlawful conduct in regards to maintaining, operating, 16 patrolling, servicing, facilitating, inspecting, aad/or controlling the DSW STORE was the legal, direct, and 17 proximate cause ofPLAINTIFFS'dl and the injuries aad damages ofP~Fs as hetuin alleged. 18 20. As a legal, direct, and proximate result ofthe above-mentioned conduct ofDEFENDANTS, 19 Plaintiffs were injured and hurt in their health, strength, sad activity, sustaining serious injuries to their 20 body which have caused and continue to cause Plaintiffs great physical and mental pain snd suffering. 21 Plaintiffs are further informed aad believe, and thereon allege, that said injuries will result in some 22 permaaeat disability to them, all to their general damages in an amount which will be stated according to 23 proof, at the time of trial. 24 21. As a legal, direct, and proxhnate result ofthe above-mentioned conduct ofDEFENDANTS, 25 Plaintiffs were compelled to and did employ the services ofhospitals, physicians, surgeons, nurses, and the 28 5 COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRJAL like, to care for and treat them, and did incur hospital, medical, professional, and incidental expenses, and Plaintiffis informed and believes, and thereon alleges, 'that by reason oftheir injuries, will necessarily incur additional like expenses for an indefinite period of time in the future, the exact amount ofwhich expenses will be stated according to proof, at the time of trial. SECOND CAUSE OF ACTION 6 PREMISES LIABILITY 7 (Against all DEFENDANTS) 22, Plaintiffre.alleges and incorporates herein by reference each and every allegation contained 9 in paragraphs 1 through 21. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 23. On September 1, 2018, DEFENDANTS, owned, controlled, designed, constructed, maintained, serviced, repaired, altered, managed, improve, and/or were otherwise responsible for the DSW STORE in which PLAINTIFFs suffered injuries. DEFENDANTS, as reasonably prudent owners/controllers of the DSW STORE, should have foreseen that Plaintiffs would be exposed to an unreasonable risk ofharm located at the DSW STORE. As such, DEFENDANTS, owed Plaintifi's a duty of care. 27. Plaintiff is informed and beheves, and thereon alleges, that said DEFENDANTS, owed a duty to exercise reasonable and ordinary care in the use, inspection, maintenance, and/or management of the DSW STORE to avoid exposing any and all persons, including Plaintiff, to an unreasonable risk of harm. DEFENDANTS, should not have permitted any and all persons, including Plaintiffs, to an area where PLAINTIFFs tripped and fell in the DSW STORE without providing suitable levels of cleanliness and safety precautions. 26. Plaintiff is informed and believes, and thereon alleges, that at all times mentioned herein, DEFENDANTS, knew that persons, including Plaintiffs, were using and/or traversing the area of the DSW STORE where the INCIDENT occurred. Reasonable diligence would have revealed that the area of the DSW STORE was not being maintained at suitable levels of cleanliness and with suitable safety precautions, thereby creating a dangerous condition. However, DEPENDANTS, did not rectify the dangerous condition, block the area to avoid patrons'ccess to it and/or warned them of the dangerous 28 6CO~ FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL 1 condition, Thus, DEFENDANTS, breached their duty of care, inter alia, by creating a dangerous 2 condition, which exposed patrons and guests, including Plaintiffs, to an umeasonable risk ofharm. 3 27. Plaintiffs are informed and believe and thereon alleges that DEFENDANTS, and each of 4 them, had actual or constructive notice of the dangerous condition in sufficient time before the subject 5 incident to have taken preventive measures. Plaintiffs are further informed and believe and thereon alleges 6 that DEFENDANTS, had actual and constructive knowledge of similar accidents occurring in the DSW 7 STORE. 8 28. At the time and place aforesaid and prior thereto, the aforementioned property was in a 9 dangerous condition which created a su stantial risk of injury when it was used with due care in a manner 10 in which it was reasonably foreseeable that it wouldbe used in that: the DEFENDANTS, at all times herein 11 mentioned, and its employees, so negligently, carelessly, recklessly owned, possessed, maintained, 12 constructed, and controlled said area of the DSW STORE where the INCIDENT occurreii 13 29. The dangerous condition that DEFENDANTS, and each of them, created and/or knew about 14 before the INCIDENT presented an unreasonable foreseeable risk of the kind of incident and injuries that 15 occurred. 16 30. Plaintiffs are informed and believe and thereon allege that the herein-described incident was 17 the direct, proximate, and legal result of the dangerous condition for which the herein named 18 DEFENDANTS are legally responsible. 19 31. As a legal, direct, and proximate result ofthe above-mentioned conduct ofDEFENDANTS, 20 Plaintiffs were injured and hurt in their health, strength, and activity, sustaining salons injuries to their 21 body which have caused and continue to cause Plaintiffs great physical and mental pain and suffering. 22 Plaintiffs are further informed and believe, and thereon allege, that said injuries will result in some 23 permanent disability to them, all to their general damages in an amount which will be stated according to 24 proof, at the time of trial. 25 32. As a legal, direct, and proximate result of the above-mentioned conduct ofDEFENDANTS, 26 Plaintiffs were compelled to snd did employ the services ofhospitals, physicians, surgeons, nurses, and the 27 like, to care for and treat her, snd did incur hospital, medical, professional, and incidental expenses, aud 28 Plaintiffs are informed snd believe, and thereon alleges, that by reason of their iqJuries, will necessardy 7 COMPLAINT FOR PBRSONAL INJURIES; DEMAND FOR JURY TRIAL 1 incur additional like expenses for an inde6nite period of time in the future, the exact amount of which 2 expenses will be stated according to proof, at the time of trial. PRAYER FOR RELIEF 4 WHEREFORE, Plaintiffs pray for judgment against DEFENDANTS DSW and DOES I through 5 50, inclusive, and each of them, for all causes ofaction herein stated, as follows: 6 A. Past and future General Damages and Special Damages in a sum according to 7 proof; 8 B. Sums incurred and to be Incurred for services ofhospitals, physicians, surgeons, 9 nurses and other professional services, attendant care, ambulance service, x- 10 rays, diagnostic testing, and other medical supplies and services; 11 C. Loss of income incurred and to be incurred according to proof; 12 D. For interest provided by law including, but not limited to, California Civil Code 13 Section 3291; 14 E. Costs of suit and for such other and further relief as the court deems proper. 15 DEMAND FOR JURY TRIAL 16 PLAINTIFFS, hereby demand a trial by jury as to all causes of action. 17 18 19 DATED: December 16, 2019 LAW OFFICES OF J OB EMRANI 20 21 22 23 24 25 26 27 through his Guardian Ad Litem, JENNIFER SINNOTT 28 8 COMPLAINT FOR PERSONAL INJUMES; DEMAND FOR JURY TRIAL EXHIBIT BI I Qt n 0 Ilt Ql V Qtn 0 0 N E Ql0 N N Ql E el II N It E U N h 0 C N Il V tll Qtn N N It C N Il Cl E N 0 2' 0 Ql Ol Dl Ill m E IC 4 QL 0 tU 6) O C UJ I 0 m 6) CO V) V) 6) V) CQ 0' 0 0 E IZ Cl C fh Ne 0 0 ID C 0 ID JD Ct m m E e IO N0 Ol E Ql m Ql 0 th Z m tD A. C ct e m 0 5 8 0 C Ol Ot tE D'E m Ne 0 ID tD Qt a 8 IO e N N Ql Ih 0 10 Qla p 5 0. N IO e 0 m P Ift ID t0 0 tD a ttl L' fh 0 C e IJ fh QlN c E th5 IA 0 eN C m0 P tO Ql0 .Z e O Z 0 Z 0z 0 LP C) C) 0 Y0p N 0 rzz QO H gp~& N p Ct 2 U. & e+ IO O C c0 e mL.0 0- e h CB IK w IU N Z N N UJ Z o 5N N O Q Z I- z 00 IZ & 8 ZZ rn 0. JL'U 0 & orz rn LU oN Z0 Z e O. U- CD IA 0 &0 o o fh m Ot 00 IL 0 e0 N 0 C Ql Ql C tO Cl 0 0 m 2 c Cl N e 0 0 Qt 'QJ Ql C0 IO 0 E 0 C0 'h e Ql Q Qt E E m C 0 N m 00 C c me C m N th N rl ID E PP tO N th c V0 I - 0. ID II= Ot0 IA Cl IA C ID V N0 E e 'G Qt ID N Ol UJ z& p IZ rnp Cn & OOOp to 0 0 UJ z& p LC rn CI Q IA rn &p p o ~p 00 O PP Cl L C IU m JDe U 0 10 Ce Ql Ql 0 C e 0 Ql JD N L0 E e Ql L Qle JD tO Ql fz UJ UJ e N C0 ID E 0 Ol E ID IO N O 0. 0 e IO O Ol IL Ql Ct IN Cl Ol (3 I- Z C Z0 E 0 Z0 O N 00 ID IN N QD IJJ CL p0 IQ QD QO IO ~0 Ct p 0 LU fz O UJ CI'Z LU Ql Ql IQ Zp N 0 UJ N 00 Qt Cl0 0 0 0 tft V N A N0 QI IQ n 0 L Q E V CI n N C 0 m N E IQ OI0 N N Cl C N II N th 0 C II N N th C N o GI IOn I/Itl N C N Xl 0 Q\ I 0 CC C 0 U Ql Ol Cl 0 O Ih 0 O IO E0 IO CQ 0 IO I/I Gl IO CL 0 0 U m Cl th Cl C Gl IQ Cl C IO TQ GI m th Ce u o 0 C N C0 E 8 D N Cl 0 N0' o.IO c 8 0 D C IO g N 0 c0 c E o Cl D IO 0 Cl IOo IO E0 IO N Ql ih Cl00 Ih C0 N Cl 0 Cl JQ 8 Qle e 0 Ih g 8 8 C I/I Cl tn 0 C Cl 0 IL 0 Ni QlI- tuC IQ '0 Gl Ql Ol0 e p Cl IO e upE QI tll OI QI CI e 0 0 I/I Ih e0&o IO C QIIlt IO QI m e Gl e 0 IO C Cl IOD 0 C 0 OIe c m e 0e tn IO E 0 IO O e C0 oc a0 Cl E 0 0 C N GI 0 CIe N tu 0 Ql0 D N CI L E mN0 C '0 o a'L- e I/I IO L Cl QI pN c'O IO IO QI F IOC - C QI IOwee E - 0. NEOV& NIh CI CIecD CT 0 0e u. u ~ ~ Spa e IO C C 0 oo - - OI e0 SZ.E~c 0 e mpomotNec o p iNgcoho C QI C C C OI 0 C - 0 0 0 m c c E eomo c m 0 m0 0 0 E OI GI o E o 0N 0 0».Cu u ~ ~ C lhe E 0 me N 0 0 IO IQ 0 m S N Z 0 Ne 0 N0 Ql IO LI 0 0 N0 N V N Cl II N N QI N o N0 IL) -- & ZUU I0DC)U/0 IU . Mtc Itf l&IEfvve ;;;I P rib d b J. Kenneth Blackwe11 please obtain fee amount and mailing instructions from the Filing E edlte is en additional fen Refereace Guide ( using the 3 digit form ff located at the bottom of this of SI DODO form). To obtain the Filing Reference Guide or for assistance, please I Expedite call Custonter Service: Central Ohio: (614)-466-39) 0 Toll Free: I-877-SOS-FILE ()-877-767-3453) Uf.l s) 4 @yt CERTIFICATE OF AMENDMENT TO LEFI(I)EDI )5W'L'KWEL. FOREIGN CORPORATION APPLICATION FOR LIC1~Ry PtbTN['SW SHOE WAREHOUSE, INC. Ptgtf)0)S P jZZI) tn (N erne of Curpnrutimt - Including Assumed Name if'Applicsblc) Asst. Secretary , does hereby certify that tbe above named Foreign ( Authnnaal 0 Inc cr und mt let Corporation formed in the state of Niasourz with Ohio license ntunber 719894 has modified the information set fonh in the original Application for License or any Amendment thereto widt the fo)lowing: I. The name of the corporation has been amended to 2. The corporadon's principal offtce shall be located in Not Applicable (city, township, or village) iVot Applicable (street sddnva) N/A l stste) N/A (zip cede) 3. The corporation's principal otTtce within Ohio shall be located in Check box if there is no ohio t.oration Not Applicable Not. Applicable . Ohio Not Applicable (city. tcsvnship, nr village) tcnunty) (zip clxhtl 4. The corporarion hereby appoints the follotving as the statutory agent upon whont process against the corpormion may be served in tire state of Ohio. The nsme and complete address of the smtutoty agenl is'. CSC-Lueyers rnccrpoc'ating Service 50 West Broad Street Columbus (cense rt sultvtury 't'rt) (city, villusc or tnnnship) . Ohio (stmct snd number) 43215 (zip cede) 5. The corporation will exercise the fo)iosving corporate purpose(s) in Ohio: Nor. Applicable 6. The corporation has mtrrently authorized Not Applicable shares of sloch and has issued Not Applicable shares 7. This certificate of amendment supersedes the information currently on tile with the Secretary of State of Ohio. This Certiftca(e of Amendment to the Foreign Corporation App! ication for License has been adopted in accordance v, ith the laws of the state of domestication. IN WITNESS WHEREOF, this Cert) licate of Amendment of a ForeignnCorporation has been executed on la-(F-ol 5) - i~7P~ DD (Authorized Ofiicer) (dure) 'L I LI --& EUU I OODUZB I U Il)LI1111111I11111IIIIII1III1111IIIII111111IIIIIIIIIIIIIIIIIIII1 DATE: DOCUMENT ID DESCRIPTION 12/27/2001 2001 55802310 FOREIGN/AMENDMENT (FAM) FILING 50.00 EXPED .00 PENALTY .00 CERT ,00 COPY .00 Receipt This is not a bill. Please do not remit payment. CSC-TALLAHASSEE TA-TANISHA ADAMS 1201 HAYS ST TALLAHASSEE, FL 32301 STATE OF OHIO Ohio Secretary of State, J. Kenneth Blackwell 719894 It is hereby certified that the Secretary of State of Ohio has custody of the business records for DSW SHOE WAREHOUSE, INC and, that said business records show the filing and recording of: Document(s) FOREIGN/AMENDMENT Document No(s): 200135802310 Witness my hand and the seal of the Secretary of State at Columbus, Ohio this 24th day of December, A.D. 20 United States of America State of Ohio Ohio SecretarY nf State John R. Ashcroft Secretary of State 2019 ANNUAL REGISTRATION REPORT BUSINESS 00049753 Date Filed: 5/7/2019 John R. Ashcroft Missouri Secretary of State'ECTION 1, 3 8 4 ARE REQUIRED REPDRT DUE BY 5~31 2019 00049753 DSW SHOE WAREHOUSE, INC. CSC-LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR ST JEFFERSON CITY MO 65101 RENEWAL MONTH'EBRUARY 0 I OPT TO CHANGE THE CORPORATION'5 RENEWAL MONTH TO FOR A 525.00 FEE 810 DSW Drive (Required) PRINCIPAL PLACE OF BUSINESS OR CORPORATE HEADQUARTERS; STREET Columbus OH CITY / STATE 43219-1828 ZIP If changing the registered agent and/or registered offlce address, please check the appropriate box(es) and fgl in the necessary Information. O The new registered agent IF CHANGING THE REGISTERED AGENT, AN ORIGINAL WRITTEN CONSENT FROM THE NEW REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. O The new registered office address Must be a Missouri address, PO Box alone is not acceptable. This section ls not applicable for Banks, Trusts and Foreign Insurance. OFFICERS BOARD OF DIRKTORS NAME AND PHYSICAL ADDRESS (P.O BOX ALONE NOT ACCEPTABLE). NAME AND PHYSICAL ADDRESS (P O. BOX ALONE NOT ACCEPTABLE) MUST LIST PRESIDENT AND SECRETARY BELOW MUST LIST AT LEAST ONE DIRECTOR BELOW PRESIDENT STREET CITY/STATE/ZIP SECRETARY STREET CITY/STATE/ZIP VICE PRESIDENT STREET RawBns, Roger 810 DSW Drive Columbus OH 43219 KraB, MlcheBe 810 DSW Drive Columbus OH 43219 Jordan, WBBam 810 DSW Drive IV A ME STREET CITY/STATE/ZIP NAME STREET CITY/STATE/ZIP NAME STREET Jordan, WIBlam 810 DSW Drive Columbus OH 43219 Ferree, Deborah 810 DSW Drive Columbus OH 43219 Rawlins Roger 810 DSW Drive CITY/STATE/ZIP Columbus OH 43219 TREASURER STREET CITY/STATE/ZIP CITY/STATE/ZIP Columbus OH 43219 NAME STREET Walters, Maria 810 DSW Drive Columbus OH 43219 CITY/STATE/ZIP NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undersigned understands that false statements made m this report are punishable for the cnme of making a false declaration under Section 575.060 RSMo Photocopy or stamped signature not acceptable. 4 ~Authorized party or officer sign here ] Maria Walters Please print name and title of signer: Maria Walters NAME REGISTRATION REPORT FEE IS; 520.00 If filed on or before 5/31/2019 535.00 If filed on or before 6/30/2019 550.00 If filed on or before 7/31/2019 565.00 if filed on or before 8/31/2019 ADD AN ADDITIONAL 525 00 FEE IF CHANGING THE RENEWAL MONTH (Required) / Treasurer TITLE WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW IT WILL BECOME A PUBLIC DOCUMENT AND ALL INFORMATION PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE E MAIL ADDRESS (OPTIONAL). taxgrdswinc.com REQUIRED INFORMATION MUST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO. Secretary of State, P.O. Box 778, lefferson City, MO 65102 EXHIBIT CI I CI 8 VJ tsu ~ Q elczg v 8 p o ci~ i eg t AIL gS o 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA COUNTY, DOWNTOWN COURTHOUSE 15 JENNIFER SINNOTT, an individual, and 16 ANTHONY MILLER, a minor by and through his Guardian Ad Litem, JENNIFER SINNOTT, 18 Plaintiff, CASE NO. 19CV360372 [Assigned for all purposes to the HotL Laurie Mikkeisen - Dept. 20] 1 RODRIGO SUAREZ (SBN 259601) Rod@caljlacob.corn 2 LAW OFFICES OF JACOB EMRANI A Professional Corporation 3 714 W. Olympic Blvd., Suite 300 Los Angeles, CA 90015 4 Telephone: (213) 748-7734 Facsimile: (213) 748-8879 5 6 Kian Mottahedeh (SBN 247375) Eian srrdawca.cora 7 SM LAW GROUP, APC 16130 Ventura Blvd., Suite 660 8 Encino, CA 91436 Telephone: (818) 855-5950 9 Facstmile: (818) 855-5952 10 Attorneys for JENNIFER SINNOTT, an individual, and ANTHONY MILLER, a minor by and 11 through his Guardian Ad Litem, JENNIFER SINNCYIT 12 19 vs. STATEMENT OF DAMAGES 20 DSW SHOE WAREHOUSE, INC., and DOES 1 through 50, inclusive, 21 Defendants. 22 Action Filed: Trial Date: December 16, 2019 23 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD. 24 PLEASE TAKE NOTICE that Plaintiff, pursuant to Section 425.11 of the Code ofCivil Procedures, sets forth the following items ofgeneral and special damages sought in this action. 26 Jennifer Sinnott 1. General Damages: $ 10,000,000.00. 2. Medical Expenses: $ 17,883.95 and continuing. Discovery is continuing. 1 STATEMENT OF DAMAGES 1 3. Future Medical Expenses: Unknown at this time. Discovery is continuing. 2 4. Loss ofearning: Unknown at this time. Discovery is continuing. 3 5. Loss ofearnings: Unknown at this time. Discovery is continuing. 4 8 Ch 0 co g 00 z s Q CV I4 M 5wo-o~ a & a 8gs Ql 0&n5t s) cnn EAc J+n C W 0 x 8 ~ 8~ 8' I t c 12 13 Dated: January 6, 2020 14 15 Respectfully submitted: LAW OFFTCKS OF JACOB ENRANI 16 17 18 19 5 Anthonv Miller 6 6. General Damages: $ 10,000,000.00. 7 7, Medical Expenses: PENDING and continuing. Discovery is continuing. 8 8. Future Medical Expenses: Unknown at this time. Discovery is continuing. 9 9. Loss ofearning: Unknown at this time. Discovery is continuing. 10 l 0. Loss of earnings: Unknown at this time. Discovery is continuing. 20 21 22 23 24 25 26 27 28 2 STATEMENT OF DAMAGES PROOF OF SERVICE Sinnott v. DSW Shoe Warehouse Santa Clara County Case iVo. 79C V360372 3 I, the undersigned, am employed in the county of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is 525 Market Street, 4 17'" Floor, San Francisco CA 94105. 5 On the date indicated below, I caused to be served the following document(s) described as follows: 6 NOTICE OF REMOVAL TO FEDERAL COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. 8 9 10 PERSONAL SERVICE - I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below, and providing them to a professional messenger service for service. (A confirmation by the messenger will be provided to our office after the documents have been delivered.) 12 13 14 BY MAIL - As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. The envelope was sealed and placed for collection and mailing on this date following our ordinary practices. I am aware that on motion of the party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 15 16 17 18 19 20 21 22 OVERNIGHT MAIL - As follows: I am "readily familiar" with the firm's practice of processing correspondence for mailing overnight via Federal Fxpress. Under that practice it would be deposited in a Federal Express drop box, indicating overnight delivery, with delivery fees provided for, on that same day, at San Francisco, California. BY K-MAIL - Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e- mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY ELECTRONIC TRANSMISSION - By causing the document(s) listed above to be electronically filed and served on designated recipients through the Electronic Case Filing system for the above-entitled case. The file transmission was reported as successful and a copy of the Electronic Case Filing Receipt will be maintained with the original document(s) in our office. 23 Executed on February 13, 2020, at San Francisco, California. I declare under penalty of 24 perjury under the laws of the State of California, that the above is true and correct. 25 26 27 MF3+f v 5 NOTICE OF REMOVAL TO FEDERAL COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. 2 Rodrigo Suarez Law Offices of Jacob Emrani 3 714 W. Olympic Blvd., Ste. 300 Los Angeles CA 90015 4 T: 213-748-7734 F:213-748-8879 5 E: rod((i,'calliacob.corn 6 Attorneyfor Piainliffs Jennifer Sinnotl and Anthony Miller 7 SERVICE LIST Kian Mottahedeh SM Law Group, APC 16130 Ventura Blvd., Ste. 660 Encino CA 91436 T: 818-855-5950 F: 818-855-5952 E: kian,'oismlawca.corn Attorneyfor Piainliffs Jennifer Sinnotl and Anthony Miller 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 NOTICE OF REMOVAL TO FEDERAL COURT BY DEFENDANT DSW SHOE WAREHOUSE, INC. PROOF OF SERVICE Sinnoti V. DSIIrShoe FFarehouse, Inc Santa Clara Cvuniy Case IVo. Cl9CF360372 3 I, the undersigned, am employed in the county of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is 525 Market Street, 4 17'" Floor, San Francisco CA 94105. 5 On the date indicated below, I caused to be served the following document(s) described as follows: 6 DEFENDANT DSW SHOE WAREHOUSE, INC.'S NOTICE TO STATE COURT OF REMOVAL 8 9 10 PERSONAL SERVICE - I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below, and providing them to a professional messenger service for service. (A confirmation by the messenger will be provided to our office after the documents have been delivered.) 12 13 14 BY MAIL - As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. The envelope was sealed and placed for collection and mailing on this date following our ordinary practices. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 15 16 17 18 19 20 21 22 OVERNIGHT MAIL - As follows: I am "readily familiar" with the firm's practice of processing correspondence for mailing overnight via Federal Express. Under that practice it would be deposited in a Federal Express drop box, indicating overnight delivery, with delivery fees provided for, on that same day, at San Francisco, California. BY E-MAIL - Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e- mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY ELECTRONIC TRANSMISSION - By causing the document(s) listed above to be electronically filed and served on designated recipients through the Electronic Case Filing system for the above-entitled case. The file transmission was reported as successful and a copy of the Electronic Case Filing Receipt will be maintained with the original document(s) in our office. 23 Executed on February 13, 2020, at San Francisco, California. I declare under penalty of 24 perjury under the laws of the State of California, that the above is true and correct. 25 26 27 M i 3 DFFENDANT DSW SHOE WAREHOUSE, INCCS NOTICE TO STATE COURT OF REMOVAL Rodrigo Suarez Law Offices of Jacob Emrani 714 W. Olympic Blvd., Ste. 300 Los Angeles CA 90015 T: 213-748-7734 F:213-748-8879 E: «Chi: ". Ijl: b. 6 Attorney for Plaintiffs Jennifer Sinnott and Anthony Miller 7 SERVICE LIST Kian Mottahedeh SM Law Group, APC 16130 Ventura Blvd., Ste. 660 Encino CA 91436 T: 818-855-5950 F: 818-855-5952 E: kian'a.'smlawca.corn Attorneyfor Plaintiffs Jennifer Sinnott and Anthony Miller 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DEFENDANT DSW SHOE WAREHOUSE, INC.'S NOTICE TO STATE COURT OF REMOVAL