Demurrer With Motion To Strike Ccp 43010MotionCal. Super. - 2nd Dist.January 18, 2019Electronically FILED by Sup¢ a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. I or Court of California, County of Los Angeles on 02/22/2019 01:49 PM Sherri R. Carter, Executive Officer/Clerk of Court, by A. Williams,Deputy Clerk Edward J. Riffle, Esq. (State Bar No. 193983) Cameron S. Broomi, Esq. (State Bar No. 322601) COLLINS COLLINS MUIR + STEWART LLP 1100 El Centro Street South Pasadena, CA 91030 (626) 243-1100 - FAX (626) 243-1111 Attorneys for Defendants 11015 NOHO, LLC and EVOLVE REALTY & DEVELOPMENT CORP. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES HARAY GHAZARIAN; RAFIGH SHAHMIRZAY AN; AND GARNIK SAVARANI CASE NO. 19STCV01825 [ Assigned to Hon. Laura A. Seigle, Dept. 4B | ) ) ) ) DEFENDANTS 11015 NOHO, LLC AND Plaintiffs, ) EVOLVE REALTY & DEVELOPMENT ) CORP.’S NOTICE OF DEMURRER AND ) DEMURRER TO PLAINTIFFS’ COMPLAINT; ) MEMORANDUM OF POINTS AND ) VS. 11015 NOHO, LLC, a California corporation; ) AUTHORITIES EVOLVE REALTY & DEVELOPMENT ) CORP., a California Corporation; and Does 1 ) RESERVATION ID: 657861091813 through 20, Inclusive, ) ) Date: May 17, 2019 Defendants. ) Time: 1:30 p.m. ) Dept.: 4B ) ) Complaint Filed: 01/18/2019 ) Trial Date: None TO THE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 17, 2019 at 1:30 p.m., or as soon thereafter as the matter may be heard, in Department “4B” of the above captioned court, located at 312 North Spring Street, Los Angeles, CA 90012. Defendants 11015 NOHO, LLC (“NOHO”) and EVOLVE REALTY & DEVELOPMENT CORP., (“Evolve”) (collectively “Defendants™) demur to the first cause of action contained in the Complaint filed by Plaintiffs Haray Ghazarian, Rafigh Shahmirzayan, and Garnik Savarani (collectively “Plaintiffs”). 21528.1 1 DEMURRER a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. The grounds for this demurrer appear on the face of the complaint. This demurrer is made and based upon the Code of Civil Procedure sections 430.10 and 430.30 and specifically on the following grounds: DEMURRER TO THE FIRST CAUSE OF ACTION Plaintiffs’ first cause of action for premise liability fails to state facts sufficient to support a cause of action against Defendants pursuant to Code of Civil Procedure §430.10(e). Additionally, Plaintiffs’ first cause of action for premise liability is uncertain. “Uncertain” includes ambiguous and unintelligible. Code of Civil Procedure § 430.10(f). This Demurrer is made and based upon this Notice, the attached Memorandum of Points and Authorities, the Declaration of Cameron S. Broomi and exhibits attached thereto, all matters of which the Court may or shall take judicial notice, the documents and pleadings on file with this Court, and any other evidence that may be received by the Court at the hearing on this matter. DATED: February 22,2019 COLLINS COLLINS MUIR + STEWART LLP CAMERON S. BROOMI EDWARD J. RIFFLE Attorneys for Defendants 11015 NOHO, LLC and EVOLVE REALTY & DEVELOPMENT CORP. 21528.1 DEMURRER a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This action arises from an alleged incident involving three employees of a hired subcontractor at the jobsite located at 11011 West Otsego Street, North Hollywood, CA 91601 (the “Property”) on February 16, 2018. Plaintiffs Haray Ghazarian, Rafigh Shahmirzayan, and Garnik Savarani (“Plaintiffs”), were employees of the hired subcontractor, Azad Steel, Inc., for a construction project on the Property. Plaintiffs allege that they fell and suffered injuries when an elevator shaft on the Property collapsed. Plaintiffs filed their Complaint against Defendants on January 18, 2019, alleging premise liability and also seeking compensatory damages in excess of $10,000,000. This demurrer is brought on the grounds that Plaintiffs’ first cause of action for premise liability does not state facts sufficient to constitute a cause of action against Defendants pursuant to Code of Civil Procedure § 430.10(e) and is “uncertain” pursuant to Code of Civil Procedure § 430.10(f). Because Plaintiff cannot cure these deficiencies by amendment, the Demurrer should be sustained without leave to amend. II. STANDARD OF REVIEW For the purpose of testing the sufficiency of a cause of action, the demurrer admits the truth of all material facts properly pleaded. Serrano v. Priest (1971) 5 Cal.3d 584, 591. California Code of Civil Procedure section 430.10 provides, in pertinent, that: The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer, as provided in Section 430.30, to the pleading on any one or more of the following grounds: (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain (i.e., ambiguous and unintelligible.) 1" I" I" 21528.1 3 DEMURRER a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. In considering the sufficiency of the allegations, courts construe all properly pleaded material facts as true, “but not contentions, deductions or conclusions of fact or law.” Align Technology, Inc. v. Bao Tran (2009) 179 Cal.App.4th 949, 958. The rule that a demurrer applies only to defects appearing on face of complaint has several practical exceptions; one of which is that a complaint may be read as if it included matters judicially noticed. See Code of Civil Procedure Section 430.70; Bohrer v. Cty. Of San Diego (1980) 104 Cal. App. 3d 155, 164; Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The Court may properly take judicial notice of statutes, legislative acts, and other matters which are subject to judicial notice under the Evidence Code. See Cnty. of Fresno v. Lehman (1991) 229 Cal.App.3d 340, 344-45. A trial court does not abuse its discretion by sustaining a general demurrer without leave to amend if it appears from the complaint that under applicable substantive law there is no reasonable possibility that an amendment could cure the complaint’s defect. Heckendorn v. San Marino (1986) 42 Cal.3d 481, 486. A court should sustain a demurrer without leave to amend when the facts are not disputed and no liability exists under the substantive law, or where no explanation is provided to the court regarding how such defects will be cured by amendment. Lawrence v. Bank of America (1985) 163 Cal.App.3d 431, 436. If the complaint is successfully challenged by demurrer, the burden is then shifted to the plaintiff to demonstrate how the complaint might be amended to cure the defect. Associations of Community Organizations for Reform Now v. The Department of Industrial Relations (1995) 41 Cal. App.4th 298, 302. A failure to demonstrate possible amendments to a defective complaint should result in sustaining a demurrer without leave to amend. Campbell v. Regents of Univ. of Cal. (2005) 35 Cal.4th 311, 320. Accordingly, a demurrer should be sustained if there is no factual basis for relief under any theory reasonably contemplated by the pleadings. Sher v. Leiderman (1986) 181 Cal.App.3d 867, 885. Given the foregoing standard of review, the First cause of action to Plaintiffs’ Complaint is barred by well-established law and there is no theory by which the First causes of action to Plaintiffs” Complaint can be amended. This Demurrer must be sustained without leave to amend. 11 21528.1 DEMURRER a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. III. LEGAL ARGUMENT A. Plaintiffs’ First Cause of Action for Premise Liability Fails to State Facts that Support such Cause of Action Plaintiffs have not pled any factual allegations to support their assertion that “The defendants who negligently owned, maintained, managed, and operated the described premises were 11015 Noho, LLC; Evolve Realty And Development Corp.” Complaint Prem. L-1. Plaintiffs fail to plead any facts to evidence that Plaintiffs’ alleged injuries were the result of negligent ownership, maintenance, management or operations of the Property by Defendants. The Complaint contains one sentence worth of facts, entailing a conclusory allegation of negligence against Defendants without any additional facts evidencing a duty, breach, or causation. “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Align Technology, Inc. v. Bao Tran (2009) 179 Cal.App.4th 949, 958. Accordingly, Plaintiffs’ conclusory allegation of law should not be deemed admitted by this Demurrer nor is it sufficient to state a cause of action. Moreover, Plaintiffs’ complaint fails to specify NOHO and Evolve’s connection, capacity or role relating to the Property. As such, Plaintiffs’ Complaint is ambiguous. Thus, Plaintiff cannot maintain this cause of action against Defendants pursuant to Code of Civil Procedure sections 430.10(e) and (f). Accordingly, Defendants’ demurrer as to this cause of action must be sustained. 1 1 I 1 11 1 I 1 I 21528.1 5 DEMURRER 1 IV. 2 CONCLUSION 3 For the foregoing reasons, and based upon applicable law stated herein, Defendants NOHO 4 and Evolve respectfully request the Court sustain this demurrer without leave to amend as to the 5 first cause of action on Plaintiffs’ complaint. Defendants further request any relief this Court deems 6 ||just and proper. 7 DATED: February 22,2019 COLLINS COLLINS MUIR + STEWART LLP 9 By: 10 CAMERON S. BROOMI EDWARD J. RIFFLE 11 Attorneys for Defendants 1 11015 NOHO, LLC and EVOLVE REALTY & DEVELOPMENT CORP. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. | 2/528.1 6 DEMURRER a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. DECLARATION OF CAMERON S. BROOMI I, CAMERON S. BROOMI, declare as follows: 1. I am an attorney licensed to practice before the courts of the State of California. I am an associate with the law firm of Collins Collins Muir + Stewart LLP, the attorneys of record for Defendants 11015 NOHO, LLC (“NOHO”) and EVOLVE REALTY & DEVELOPMENT CORP., (“Evolve”) (collectively “Defendants™) in this matter. This declaration is submitted in support of Defendants’ Demurrer to Plaintiffs’ Complaint. I am personally familiar with the facts set forth in this declaration. As to those matters stated on information and belief, I am informed and believed them to be true. If called as a witness, I could and would competently testify to the truth of the matters stated herein. 2. In accordance with the Code of Civil Procedure, on February 12, 2019, I participated in a meet and confer correspondence with Michael Hollomon, counsel for Plaintiffs Haray Ghazarian, Rafigh Shahmirzayan, and Garnik Savarani (collectively “Plaintiffs”) regarding our proposed demurrer to the complaint. 3. Attached hereto as Exhibit A is a true and correct copy of Plaintiffs’ Complaint. 4. Attached hereto as Exhibit B is a true and correct copy of my correspondence email with Michael Hollomon reflecting our meet and confer on February 12, 2019. I declare, under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Executed this 22nd day of February 2019, in South Pasadena, California. ( Dore CAMERON S. BROOMI 21528.1 DEMURRER EXHIBIT "A" Electronically FILED by Superior Court of California, County of Los Angeles on 01/4R101€@ 0% $3 7 Sheri R. Carter, Executive Officer/Clerk of Court, by K. Vargas,Deputy Clerk SUM-100 SUMMONS ro PETAR OX hry (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): 11015 Noho, LLC; Evolve Realty And Development Corp.; and DOES 1 lo 20 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savarani 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 CALENDAR 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 plaintiff. A letter or phone call will not protect you. Your written response must be In proper legal form if you want the court to hear your casa. There may be a court form that you can use for your response. You can find these court forms and mare information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/seifheip), 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 fite your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attomey 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 iegal services program. You can locate these nonprofit groups at the California Legal Services Web site (www./awhelpcalifornia.org), the Califomia Courts Online Self-Help Center (www.courtinfo.ca.gov/seifhelp), or by contacting your local court or county bar assaclation. NOTE: The court has a statutory llen for walved fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be pald before the court will dismiss the case. JAVISO! Lo han demandado. Sino responde dentro de 30 dfas, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a contlnuacidn. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacion y papelss legales para prasentar una respuesta por escrito en esta corte y hacer que se entrague una copia al desmandsante. Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar en formato legal comecto si desea que procesen su caso en la corte. Es posible que haya un formulanio que usted pueda usar para su respugsta. Puede encontrar estos formularios de la corte y més informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en fa biblioteca de feyes de su condado o en Ia corte que fe quede més cerca. Sino puede pagar la cuota de prasentacién, pida al secretario de la corte que le dé un formularfo de exencién de pago de cuolas. Sino presenta su respuesta a tiempo, puede perder el caso por Incumplimisnio y la corte le podré quitar su sueido, dinero y bisnes sin més advertencia. Hay ofros requisitos legales. Es recomendable que fame & un abogado inmediataments. Si no conoce a un abogado, puede llamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para cbiener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de fucro en el sitio web de California Legal Services, (www.lawhelpcalifomia.org), en e/ Centro de Ayuda de /as Corfes de California, (www.sucorte.ca.gov) o poniéndose en contacto con ia corte o el colegio de ebogados locales. AVISO: Por lay, la corte tiene derecho a reclamer las cuotas y 10S COSLOS exentos por imponer un gravemen sobre cualquier recuperacion de $10,000 6 més de valor recibida mediante un acuerdo o una concesion de arbitraje en un caso de derecho civil. Tiene que pagar ef gravamen de fa corte antes de que !a corte pueda desechar el caso. The name and address of the court is: . CASE NUMBER: (El nombre y direccién de fa corte es): Los Angeles County Superior Court {hklimige 06 Caso); Stanley Mosk Courthouse 111 North Hill Street, Los Angeles, CA 90012 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direccion y el nidmero de teléfono del abogado def demandante, o del demandante que no tiene abogado, es): Peter M. Lazarus Pacific Attorney Group 856 S Robertson Blvd Los Angeles CA 90035 310.659.6000 Sherri R. Carter Executive Officer / Clerk of Court K a oti \/ DATE: Clark, by » Deputy (Fecha) 0 1 ! 1 6/2 01 9 (Secretario) Fisting d rg as (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta cilation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. [1] as an individual defendant. 2. [7] as the person sued under the fictitious name of (specify): 3. A on behalf of (specify): Lo Vis N 0 Ho, LL Cc, under: [J CCP 416.10 {corporation) [-] CCP 416.60 (minor) [J ccP 416.20 (defunct corporation) [1] CCP 416.70 (conservatee) [] CCP 416.40 (association or partnership) [| CCP 416.90 (authorized person) [CW other (specify): Lec 4. [1] by personal delivery on (date): Page 1081 Fonm Adopted for Mandstory Use Code of Civil Procadurs §§ 412.20, 485 Judicial Councli of California SUMMONS rie gov SUM-100 [Rev. July 1, 2009) Electronically FILED by Superior Court of California, County of Los Angeles on 011s YS bE Sherri R. Carter, Executive Officer/Clerk of Court, by K. Vargas,Deputy Clerk Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Laura Seigle PLD-PI-001 | _ATTORNLY OR PARTY WITHOUT ATTORNEY (Name. Stajo Bar number, and 3 FOR COURT USE ONLY - Peter M. Lazarus (SBN 128055) Debora Rabieian ( (SBN 315022) PACIFIC ATTORNEY GROUP 856 South Robertson Boulevard Los Angeles, CA 90035 TELEPHONE NO: gi 659-6000 FAXNO. (optenal: (3105) 659-4000 r-aiL ADDRESS optonay: debbie@pacificattorneygroup.com attorney For vam): Plaintiffs, Haray Ghazarian et al. | SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS AN GELES street aooress: 111 North Hill Street maine aooress 111 North Hill Street CITY AND ZIP cope: LOS Angeles, 90012 srancrinave: Stanley Mosk Courthouse i PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savarani DEFENDANT: 11015 Noho, LLC; Evolve Realty And Development Corp; and [Z1 poes 110 20 COMPLAINT-Personal Injury, Property Damage, Wrongful Death [1 AMENDED (Number): Type (check all that apply): [] MOTOR VEHICLE OTHER (specify): Premises Liability [1 Property Damage [| Wrongful Death L/] Personal Injury [__] other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: [_] ACTION IS A LIMITED CIVIL CASE Amount demanded [| does not exceed $10,000 [1] exceeds $10,000, but does not exceed $25,000 [[_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [1 ACTION IS RECLASSIFIED by this amended complaint [1 from limited to unlimited [1 from unlimited to limited 1. Plaintiff (name or names): Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savarani alleges causes of action against defendant (name or names): 11015 Noho, LLC; Evolve Realty And Development Corp.; and DOES 1 TO 20 2. This pleading, Including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. [_] except plaintiff (name): (1) [7 a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [_] a public entity (describe): (4) [C1 aminor [J an adult (8) [1 for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [J other (specify): (5) [_] other (specify): b. [_] except plaintiff (name): (1) [] a corporation qualified to do business in California (2) [Jan unincorporated entity (describe): (3) [1 a public entity (describe): (4) [1 aminor [_] an adult (a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [1 other (specify): (5) [_] other (specify): [1 Information about additional plaintiffs who are not competent adults is shown in Attachment 3. po rom Roprovad lr Syucna Use COMPLAINT-Personal Injury, Property a PLO-P1.0G1 [Rev. Jsauary 1, 2007] Damage, Wrongful Death | Amarican LagaiNet, Inc | |waw Forma orafow com PLD-PI-001 SHORT TITLE: h | case numeer: Ghazarian et al. v. 11015 Noho, LLC et al, 4. [_] Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): 11015 Noho, LLC; Ev ¢. [__] except defendant (name): (1) [] a business organization, form unknown (1) [J] a business organization, form unknown 2) a corporation (2) [1 a corporation (3) [] an unincorporated entity (describe): (3) [1 an unincorporated entity (describe): (4) [J a public entity (describe): (4) [J a public entity (describe): (6) [__] other (specify): (5) [_] other (specify): b. except defendant (name): Evolve Realty And De d. [_] except defendant (name): {1) [1 a business organization, form unknown (1) [1] a business organization, form unknown (2) a corporation (2) [1 a corporation (3) [_] an unincorporated entity (describe): (3) [1 an unincorporated entity (describe): (4) [_] a public entity (describe). (4) [1 a public entity (describe): (5) [_] other (specify): (5) [1 other (specify): [1 Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a Dae defendants (specify Doe numbers): 11 to 20 ___ were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 1 to 10 are persons whose capacities are unknown to plaintiff. 7. [1 Defendants who are Joined under Cade of Civil Procedure section 382 are (names): 8. This court is the proper court because a. [[_] atleast one defendant now resides in its jurisdictional area. b [] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. ec injury to person or damage to personal property occurred in its jurisdictional area. d. [1 other (specify): 9 [1] Plaintiff is required to comply with a claims statute, and a. [_] has complied with applicable claims statutes, or b. [_] is excused from complying because (specify): PLO-PI-001 [Rev. January 1, 2007] oo COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 20f 3 PLD-PI-001 SHORT TITLE: CASE NUMBER: Ghazarian et al, v. 11015 Noho, LL.C et al. 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): . [1 Motor Vehicle . [1 General Negligence . [J Intentional Tort . [J Products Liability : Premises Liability . [_] Other (specify): c o o n - 11. Plaintiff has suffered a. [/] wage loss b. [_] loss of use of property . [/_] hospital and medical expenses i general damage i property damage loss of earning capacity i other damage (specify): Pre-judgment interest pursuant to California Civil Code section 3291 a " o a o 12, [] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [_] listed in Attachment 12. b. [] as follows: 13. The relief sought in this complaint is within the jurisdiction of this court 14. Plaintiff prays for judgment for costs of suit, for such relief as is fair, just, and equitable; and for a. (1) [./] compensatory damages {2) [1] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (4) according to proof (2) (J In the amount of. § 16. [_] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: January 18, 2018 NN N\ . ) Debora Rabieian Pb : {TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-P1-001 [Rev. January 1, 2007) COMPLAINT-Personal Injury, Property Pega dof s Damage, Wrongful Death PLD-P1-001(4) SHORT TITLE: [case NuMBER: Ghazarian et al. v. 11015 Noho, LLC et al. First CAUSE OF ACTION-Premises Liability Page 4 (number) ATTACHMENT TO Complaint [1 Cross - Complaint (Use a separafe cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savarani alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): 02/16/2018 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): 11011 W. Otsego St., North Hollywood, CA 91601. On the aforementioned date, Plaintiffs were injured after falling approximately 30 feet down an elevator shaft to the ground at a work site. Prem.L-2. Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): 11015 Noho, LLC; Evolve Realty And Development Corp.; and Does | to 10 Prem.L-3. [1 count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): [J Does to Plaintiff, a recreational user, was [__] an invited guest [1 a paying guest. Prem.L4. [1 count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): [IDoes to a. [J The defendant public entity had [J actual [C1 constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. [J The condition was created by employees of the defendant public entity. Prem.L-5 a Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): 11015 Noho, LLC; Evolve Realty And Development Corp.; and DOES 1 to 20 [1] Does 11 to 20 b. [J The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are [1 described in attachment Prem.L-5b [1 as follows (names) _- - Page 1 of 1 Form Approved for Opfional L: i i TE nl at ale. 5c CAUSE OF ACTION-Premises Liability Coie of Civ Procsdurs, § 425.12 .caurtinfo PLD-PI-001(4) (Rev. January 1, 2007) - em - gav |American LegaiNel, inc. |www.Forms Workfiow.com Reservad for Clerk's File Stamp SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: FILED Spring Street Courthouse Superior Court of Callornia 312 North Spring Street, Los Angeles, CA 90012 unty of Los Angeles 01/18/2019 NOTICE OF CASE ASSIGNMENT Shami Cartes, Exeaibve Oficey / Qk of Cou By: Kristina Vargas poguy UNLIMITED CIVIL CASE - CASE NUMBER: Your case is assigned for all purposes to the judicial officer indicated below. | 19STCV01825 THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINT ASSIGNED JUDGE DEPT | ROOM ASSIGNED JUDGE DEPT | ROOM Vv |Laura A. Seigle 4B Given to the Plaintiff/Cross-Complainant/Atterney of Record ~~ Sherri R. Carter, Executive Officer / Clerk of Court on 01/24/2019 By Kristina Vargas __, Deputy Clerk (Date) LACIV 190 (Rev 6/18) NOTICE OF CASE ASSIGNMENT - UNLIMITED CIVIL CASE LASC Approved 05/06 INSTRUCTIONS FOR HANDLING UNLIMITED CIVIL CASES The following critical provisions of the California Rules of Court, Title 3, Division 7, as applicable in the Superior Court, are summarized for your assistance. APPLICATION The Division 7 Rules were effective January 1, 2007. They apply to all general civil cases. PRIORITY OVER OTHER RULES The Division 7 Rules shall have priority over all other Local Rules to the extent the others are inconsistent. CHALLENGE TO ASSIGNED JUDGE A challenge under Code of Civil Procedure Section 170.6 must be made within 15 days after notice of assignment for all purposes to a judge, or if a party has not yet appeared, within 15 days of the first appearance. TIME STANDARDS Cases assigned to the Independent Calendaring Courts will be subject to processing under the following time standards: COMPLAINTS All complaints shall be served within 60 days of filing and proof of service shall be filed within 90 days. CROSS-COMPLAINTS Without leave of court first being obtained, no cross-complaint may be filed by any party after their answer is filed. Cross- complaints shall be served within 30 days of the filing date and a proof of service filed within 60 days of the filing date. STATUS CONFERENCE A status conference will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the filing of the complaint. Counsel must be fully prepared to discuss the following issues: alternative dispute resolution, bifurcation, settlement, trial date, and expert witnesses. FINAL STATUS CONFERENCE The Court will require the parties to attend a final status conference not more than 10 days before the scheduled trial date. All parties shall have motions in limine, bifurcation motions, statements of major evidentiary issues, dispositive motions, requested form jury instructions, special jury instructions, and special jury verdicts timely filed and served prior to the conference. These matters may be heard and resolved at this conference. At least five days before this conference, counsel must also have exchanged lists of exhibits and witnesses, and have submitted to the court a brief statement of the case to be read to the jury panel as required by Chapter Three of the Los Angeles Superior Court Rules. SANCTIONS The court will impose appropriate sanctions for the failure or refusal to comply with Chapter Three Rules, orders made by the Court, and time standards or deadlines established by the Court or by the Chapter Three Rules. Such sanctions may be on a party, or if appropriate, on counsel for a party. This is not a complete delineation of the Division 7 or Chapter Three Rules, and adherence only to the above provisions is therefore not a guarantee against the imposition of sanctions under Trial Court Delay Reduction. Careful reading and compliance with the actual Chapter Rules is imperative. Class Actions Pursuant to Local Rule 2.3, all class actions shall be filed at the Stanley Mosk Courthouse and are randomly assigned to a complex judge at the designated complex courthouse. If the case is found not to be a class action it will be returned to an Independent Calendar Courtroom for all purposes. *Provisionally Complex Cases Cases filed as provisionally complex are initially assigned to the Supervising Judge of complex litigation for determination of complex status. If the case is deemed to be complex within the meaning of California Rules of Court 3.400 et seq., it will be randomly assigned to a complex judge at the designated complex courthouse. If the case is found not to be complex, it will be returned to an Independent Calendar Courtroom for all purposes. LACIV 180 (Rev 6/18) NOTICE OF CASE ASSIGNMENT - UNLIMITED CIVIL CASE LASC Approved 05/06 W W © J O v U 1 & Ww N = N N N N N N RN N N R R E s pe m m a @® N A U A W N RE 2 W o d U Ss W N ~~ oO 2018-5J-007-0 Suparior Court of California county of Los|Angales SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES pol pha IN RE PERSONAL INJURY ) CASE NO.: COURT (“P1 COURT") PROCEDURES, ) CENTRAL DISTRICT ) STANDING ORDER RE: PERSONAL (EFFECTIVE APRIL 16, 2018) ) INJURY PROCEDURES, CENTRAL ) DISTRICT ) ) DEPARTMENT: 2 3 4 s 7 FINAL STATUS CONFERENCE (“FSC™): eo DATE: AT 10:00 AM. TRIAL: DATE: AT 8:30 A.M. OSC RE DISMISSAL (CODE C1V. PROC., § 583.210): « DATE: AT 8:30 A.M. TO EACH PARTY AND TO THE ATTORNEY OF RECORD FOR EACH PARTY: Pursuant ta the California Code of Civil Procedure (“C.C.P.”), the California Rules of Court (“C.R.C.”) and the Los Angeles County Court Rules (“Local Rules), the Los Angeles Superior Court (“LASC” or “Court”) HEREBY AMENDS AND SUPERSEDES THE AUGUST 10,2017 SEVENTH AMENDED GENERAL ORDER AND, GENERALLY, ORDERS AS FOLLOWS IN THIS AND ALL OTHER GENERAL JURISDICTION PERSONAL INJURY ACTIONS FILED IN THE CENTRAL DISTRICT. Page 1 of 8 Standing Order Re Personal Injury Procedures, Central District 2018-5J-007-00) 1. To ensure proper assignment lo a PI Court, Plaintiff{s) must carefully fill out the Civil Case Cover Sheet Addendum (form LACIV 109). The Court defines “personal injury” as: Ww © Nd U T EE W N = N O R N N O R RN RN N N H m e e em em pm em e e ® 9 R B W N HE O O W U © ~ W S s W N = DO “an unlimited civil case described on the Civil Case Cover Sheet Addendum and Statement of Location (LACIV 109) as Motor Vehicle-Personal Injury/Propesty Damage/Wrongful Death; Personal Injury/Property Damage/Wrongful Death- Uninsured Motorist; Product Liability (other than asbestos or toxic/environmental); Medical Malpractice-Physicians & Surgeons; Other Professional Health Care Malpractice; Premises Liability; Intentional Bodily Injury/Property Damage/Wrongful Death; or Other Personal Injury/Property Damage/Wrongful Death. An action for intentional infliction of emotional distress, defamation, civil rights/discimination, or malpractice (other than medical malpractice), is not included in this definition, An action for injury to real property is not included in this definition.” (Local Rule 2,3(a}(1)(A).) Consistent with Local Rule 2.3(a)(1)XA), the Court will assign a case to the PI Courts if plaintiff(s) check any of the following boxes in the Civil Case Cover Sheet Addendum: A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist A7260 Preduct Liability (not asbestos or toxic/environmental) A7210 Medical Malpractice - Physicians & Surgeons A7240 Medical Malpractice - Other Professional Health Care Malpractice A7250 Premises Liability (e.g., slip and fall) A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, vandalism etc.) A7220 Other Personal [njury/Property Damage/Wrongful Death The Court will not assign cases to the Pl Courts if plaintifi{s) check any boxes elsewhere in the Civil Case Cover Sheet Addendum (any boxes on pages two and three of that form). nm Page 2 of § Standing Order Re Personal Injury Procedures, Central District © D©® s w O N R N R D N N N N N RN Re E e E p pe ® N e m S Ww N E O Ww W Y n Ee W N = O 2018=-S8.0=-007=00 The Court sets the above dates in this action in the PI Court circled above (Department 2,3, 4,5,0r7) at the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012, (C.R.C. Rules 3.714(b)(3), 3.729.) FILING OF DOCUMENTS 2. Parties may file documents in person at the filing window an the first floor of the Stanley Mosk Courthouse (111 N. Hill Street, Los Angeles, CA 90012) or by U.S, Mail or e-Delivery, which is available online at www. lacowrs.org (link on homepage). Please note that filings are no longer accepted via facsimile and must be filed either in person, via U.S. mail or via e-Delivery. Claims involving an attomey-client fee dispute, documents in which the filing party is a minor, legally incompetent person, or person for whom a conservator has been appointed, requests to waive court fees (FW-001) and requests for accommodations by persons with disabilities (MC- 410), may not be filed via e-Delivery. SERVICE OF SUMMONS AND COMPLAINT 3. Plaintiff{s) shall serve the summons and complaint in this action upon defendani(s) as soon as possible but no later than three years from the date when the complaint is filed. (C.C.P. § 583.210, subd.{a).) On the OSC re Dismissal date noted above, the PI Court will dismiss the action and/or all unserved parties unless the plaintiff{s) show cause why the action or the unserved parties should not be dismissed. (C.C.P. §§ 583.250; 581, subd. (b)4).) 3, The Court sets the above trial and FSC dates on condition that plaintifi(s) effectuate service on defendant(s) of the summons and complaint within six months of filing the complaint. 5. The PI Court will dismiss the case without prejudice pursuant to C.C.P. § 581 when no party appears for trial. STIPULATIONS TO CONTINUE TRIAL 6. Provided that all parties agree (and there is no violation of the “five-year rule,” C.C.P. § 583.310), the parties may advance or continue any trial date in the PI Courts without showing good cause or articulating any reason or justification for the change. To continue or advance a trial date, the parties {or their counsel of record) should jointly execute and submit (at the filing window on the first floor of the Stanley Mosk Courthouse, via U.S. mail or via e-Delivery; fee Page 3 of 8 Standing Order Re Personal Injury Procedures, Central District OW © 9 o N EB W O N N N N N N N N N N H H R E R E me m e Dm J U B W N FP O W © N A D O s W N HE o e 2018-5J-007-00 required) a Stipulation to Continue Trial, FSC and Related Motion/Discovery Dates (form LACIV CTRL-242, available on the court's website, Personal Injury Court link). The PI Courts schedule FSCs for 10:00 a.m., eight (8) court days before the trial date. Parties seeking to continue the trial and FSC dates shall file the Stipulation at least eight court days before the FSC date. Parties seeking to advance the trial and FSC dates shall file the Stipulation at least eight court days before the proposed advanced FSC date. (C.C.P. § 595.2; Govt. Code § 70617, subd. (c)(2).) In selecting a new trial date, parties should avoid setting on any Monday, or the Tuesday following a court holiday. Parties may submit a maximum of two stipulations to continue trial, for a total continuance of six months. Subsequent requests to continue trial will be granted upon a showing of good cause by noticed motion. This rule is retroactive so that any previously granted stipulation to continue trial will count toward the maximum number of allowed continuances. NO CASE MANAGEMENT CONFERENCES 7 The PI Courts do not conduct Case Management Conferences. The parties need not file a Case Management Statement. LAW AND MOTION 8. Any documents with declarations and/or exhibits must be tabbed. (C.R.C. Rule 3.1110(f).) All depositions excerpts referenced in briefs must be marked on the transcripts attached as exhibits, (C.R.C, Rule 3.1116(c).) CHAMBERS COPIES REQUIRED 9. In addition to filing original motion papers at the filing window on the first floor of the Stanley Mosk Courthouse, via U.S, mail or via e-Delivery, the parties must deliver, directly to the PI Court courtrooms at the Spring Street Courthouse, an extra copy (marked “Chambers Copy”) of reply briefs and all other motion papers filed less than seven (7) court days before a hearing calendared in the PI Courts. The PI Courts also strongly encourage the parties filing and opposing lengthy motions, such as mations for summary judgment/adjudication, to submit one or more three-ring binders organizing the chambers copy behind tabs. i Page 4 of 8 Standing Order Re Personal Injury Procedures, Central District OO oO J oo U e W N N N N N N N N N O N FE H e HE f m pe em @ ~~ a s Ww N E O W O O N Bs W N H O 2018-5J-007-00) RESERVATION HEARING DATE 10. Parties are directed to reserve hearing dates for motions in the PI Courts using the Court Reservation System (CRS) available online at wan. lacouri.org (link on homepage). After reserving a motion hearing date, the reservation requestor must submit the papers for filing with the reservation receipt (CRS) number printed on the face page of the document under the caption and attach the reservation receipt as the last page. Parties or counsel who are unable to utilize the online CRS may reserve a motion hearing date by calling the PI Court courtroom, Monday through Friday, between 3:00 p.m. and 4:00 p.m. WITHDRAWAL OF MOTIONS 11. California Rules of Court, Rule 3.1304(b) requires a moving party to notify the court immediately if a matter will not be heard on the scheduled date. In keeping with that rule, the PI Coutts urge parties who amend pleadings in response to demurrers to file amended pleadings before the date when opposition to the demurrer is due so that the PI Courls do not needlessly prepare tentative rulings on demurrers. DISCOVERY MOTIONS 12. The purpose of an Informal Discovery Conference (“IDC”) is to assist the parties to resolve and/or narrow the scope of discovery disputes. Lead trial counsel on each side, or another attorney with full authority to make binding agreements, must attend in person. The PI judges have found that, in nearly every case, the parties amicably resolve disputes with the assistance of the Court. 13. Parties must participate in an IDC before a Motion to Compel Further Responses to Discovery will be heard unless the moving party submits evidence, by way of declaration, that the opposing party has failed or refused to participate in an IDC. Scheduling or participating in an IDC does not automatically extend any deadlines imposed by the Code of Civil Procedure for noticing and filing discovery motions. Ideally, the parties should participate in an IDC before a motion is filed because the IDC may avoid the necessity of a motion or reduce its scope. Because of that possibility, attomeys are encouraged to stipulate to extend the 45 (or 60) day deadline for filing a motion to compel further discovery responses in order to allow time to participate in an Page 5 of 8 Standing Order Re Personal Injury Procedures, Central District 0 0 J o v Un DS W O N N R N N N N N N N B e E e pa pa I E N N E I E E E N E E E = 2018-53-007-00 IDC. If parties do not stipulate to extend the deadlines, the moving party may file the motion to avoid it being deemed untimely. However, the IDC must take place before the motion is heard so it is suggested that the moving pasty reserve a date for the motion hearing that is at least 60 dnys after the date when the IDC reservation is made. Motions lo Compel Further Discovery Responses are heard at 10:00 a.m. If the IDC is not productive, the moving party may advance the hearing on a Motion to Compel Further Discovery Responses on any available hearing date that complies with the notice requirements of the Code of Civil Procedure. 14. Parties are directed to reserve IDC dates in the PI Courts using CRS available onlinc at www. lacourt.org (link on homepage). Parties are to meet and confer regarding the available dates in CRS prior to accessing the system. After reserving the IDC date, the reservation requestor must file in the appropriate department and serve an Informal Discovery Conference Form for Personal Injury Courts, from LACIV 239 (revised 12/14 or later), at least 15 court days prior to the conference and attach the CRS reservation receipt as the last page. The opposing party may file and serve a responsive IDC form, briefly setting forth that party's response, at least 10 court days prior to the IDC. 15. Time permitting, the Pl Hub judges may be available to participate in IDCs to ry to resolve other types of discovery disputes. EX PARTE APPLICATIONS 16. Under the California Rules of Court, courts may only grant ex parte relief upon a showing, by admissible evidence, that the moving party will suffer “irreparable harm,” “immediate danger,” or where the moving party identifies “a statutory basis for granting relief ex parte.” (C.R.C. Rule 3.1202(c).) The PI Courts have no capacity to hear multiple ex parte applications or to shorten time to add hearings to their fully booked motion calendars. The PI Courts do not regard the Court’s unavailability for timely motion hearings as an “immediate danger” or threat of “irreparable harm™ justifying ex parte relief. Instead of seeking ex parte relief, the moving party should reserve the earliest available motion hearing date (even if it is after the scheduled trial date) and should file a motion to continue trial. Parties should also check Page 6 of 8 Standing Order Re Personal Injury Procedures, Central District Ww OW NJ hh U E W O N = N N N N D N D N N N N RE OH E e Em a mM N M A W N P O YW @ W m s W N = oO 2018-5J-007-00 the Court Reservation System from time to time because earlier hearing dates may become available as cases settle or hearings are taken off calendar. REQUEST FOR TRANSFER TO INDEPENDENT CALENDAR DEPARTMENT 17. Parties seeking to transfer a case from a P1 Court to an Independent Calendar (“I/C") Court shall file (at the filing window on the first floor of the Stanley Mosk Courthouse, via U.S. mail or via e-Delivery) and serve the Court's “Motion to Transfer Complicated Personal Injury Case to Independent Calendar Court” (form LACIV 238, available on the Court’s website under the P1 Courts link). The PI Courts will transfer a matter to an I/C Court if the case is not a “Personal Injury” case as defined in this Order, or if it is “complicated.” In determining whether a personal injury case is “complicated” the PI Courts will consider, among other things, the number of pretrial hearings or the complexity of issues presented. 18. Parties opposing a motion to transfer have five court days to file (at the filing window on the first floor of the Stanley Mosk Courthouse, via U.S. mail or via e-Delivery) an Opposition (using the same LACIV 238 Motion to Transfer form). 19. The PI Courts will not conduct a hearing on any Motion to Transfer to [/C Court. Although the parties may stipulate lo transfer a case to an Independent Calendar Department, the PI Courts will make an independent determination whether to transfer the case or not. FINAL STATUS CONFERENCE 20. Parties shall comply with the requirements of the PI Courts’ “First Amended Standing Order Re Final Status Conference,” which shall be served with the summons and complaint. JURY FEES 21. Parties must pay jury fees no later than 365 calendar days after the filing of the initial complaint. (C, C. P. § 631, subds. (b) end (c).) JURY TRIALS 22. The PI Courts do not conduct jury trials. On the trial date, a PI Court will contact the Master Calendar Court, Department One, in the Stanley Mosk Courthouse. Department One will assign cases out for trial to dedicated Civil Trial Courtrooms and designated Criminal Courtrooms. Pape 7 of 8 Standing Order Re Personal Injury Procedures, Central District OW ® 9 Wn E W N N N R N RN N N N N FE o e fe = p e 2016-5J-007-00 SANCTIONS 23. The Court has discretion to impose sanctions for any violation of this general order. (C.C.P. §§ 128.7, 187 and Gav. Cade, § 68608, subd. (b).) Dated: Qdpd bio IT Retire. 75 1a Joundtuu bf Debre K. Weintraub Supervising Judge of Civil Courts Los Angeles Superior Court Page 8 of 8 Standing Order Re Personal Injury Procedures, Central District a oO a2 W N - 10 11 12 13 14 16 16 17 18 19 20 21 23 24 25 26 2018-5J-006-00 FILED Suparior Court of California ounly of Los Angeles APR 16 2018 Sherri R. y Expgjitige Officer/Clark By _ fide LL Staphanie Chung -" SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ~ CENTRAL DISTRICT In re Personal Injury Cases Assigned FIRST AMENDED STANDING ORDER ~ To the Personal Injury Courts RE: FINAL STATUS CONFERENCE, {ON 2,3,4,5and 7 of the Spring )| PERSONAL INJURY ("PI") COURTS treet Courthouse) (Effective as of April 16, 2018) The dates for Trial and Final Status Conference (“FSC”) having been set in this matter, the Court HEREBY AMENDS AND SUPERSEDES ITS JANUARY 2, 2018 STANDING ORDER-RE: FINAL STATUS CONFERENCE, PERSONAL INJURY (“PI') COURTS AND, GENERALLY, ORDERS AS FOLLOWS IN THIS AND ALL OTHER GENERAL JURISDICTION PERSONAL INJURY ACTIONS: TL PURPOSE OF THE FSC The purpose of the FSC is to verify that the parties/counsel are completely ready to proceed with trial continuously and efficiently, from day to day, until verdict. The PI Courts will verify at the FSC that all parties/counsel have (1) prepared the Exhibit binders and Trial Document binders and (2) met and conferred in an effort fo stipulate to ultimate facts, legal Issues, motions in limine, and the authentication and admissibility of exhibits. i mn Page 1 of 5 FIRST AMENDED ORDER RE FINAL STATUS CONFERENCE, PERSONAL INJURY COURTS (Effective April 16, 2018) 10 1" 12 13 14 15 16 17 18 19 20 21 23 24 25 2 27 28 2. TRIAL DOCUMENTS TO BE FILED At least five calendar days prior to the Final Status Conference, the parties/counsel shall serve and file (in Room 102 of the Stanley Mosk Courthouse or by e-Delivery) the following Trial Readiness Documents: A. TRIAL BRIEFS (OPTIONAL) Each party/counsel may file, but is not required to file, a trial brief succinctly identifying: (1) the claims and defenses subject to litigation; (2) the major legal issues (with supporting points and authorities), (3) the relief claimed and calculation of damages sought; and (4) any other Information that may assist the court at trial. B. MOTIONS IN LIMINE Before filing motions in limine, the parties/counsel shall comply with the statutory notice provisions of Cade of Civil Procedure (“C.C.P.") Section 1005 and the requirements of Los Angeles County Court Rule ("Local Rule") 3.57(a). The caption of each motion in limine shall concisely identify the evidence that the moving party seeks to preclude. Parties filing more than one motion in limine shall number them consecutively. Parties filing opposition and reply papers shall identify the corresponding motion number in the caption of their papers. C. JOINT STATEMENT TO BE READ TO THE JURY For jury trials, the parties/counsel shall work together to prepare and file a joint written statement of the case for the court to read to the jury. Local Rule 3.25(g)(4). D. JOINT WITNESS LIST The parties/counsel shall work together to prepare and file a joint list of all witnesses in alphabetical order by last name that each party intends fo call (excluding impeachment and rebuttal witnesses). Local Rule 3.25(g)(5). The joint witness list shall identify each witness by name, specify which witnesses are experts, and estimate the length of the direct, cross examination and re-direct examination (if any) of each witness. The Page 205 FIRST AMENDED ORDER RE FINAL STATUS CONFERENCE, PERSONAL INJURY COURTS (Effacliva Apsil 16, 2018) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 parties/counsel shall identify all potential witness scheduling issues and special requirements. Any party/counsel who seeks to elicit testimony from a witness not Identified on the witness list must first maka a showing of goad cause to the trial court. E. LIST OF PROPOSED JURY INSTRUCTIONS (JOINT AND CONTESTED) The parties/counsel shall jointly prepare and file a list of proposed jury instructions, organized In numerical order, specifying the instructions upon which all sides agree and the contested Instructions, if any. The List of Proposed Jury Instructions must include a space by each instruction for the judge to indicate whether the Instruction was given. F. JURY INSTRUCTIONS (JOINT AND CONTESTED) The parties/counsel shall prepare a complete set of full-text proposed jury Instructions, editing all proposed California Civil Jury Instructions (“CACI") and insert party name(s) and eliminate blanks and irrelevant material. The parties/counsel shall prepare special instruclions in a format ready for submission to the jury with the instruction number, title, and text only (l.e., there should be no boxes or ather indication on the printed instruction itself as to the requesting party). G. JOINT VERDICT FORM(S) The parties/counsel shall prepare and jointly file a proposed general verdict form or special verdict form (with interrogatories) acceptable to all sides. Local Rule 3.25(g)8). If the parties/counsel cannot agree on a Joint verdict form, each party must separately file a proposed verdict farm. H. JOINT EXHIBIT LIST The parties/counsel shall prepare and file a joint exhibit list organized with columns identifying each exhibit and specifying each party's evidentiary objections, if any, to admission of each exhiblt. The parties/counsel shall meet and confer in an effort to resolve objections to the admissibility of each exhibit. Page 3 of 5 FIRST AMENDED ORDER RE FINAL STATUS CONFERENCE, PERSONAL INJURY COURTS (Effective April 16, 2018) 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 2B 27 L PAGE AND LINE DESIGNATION FOR DEPOSITION AND FORMER TESTIMONY If the parties/counsel intend to use deposition testimony or former trial testimony in lieu of any witness's live testimony, the parties/counsel shall meet and confer and Jointly prepare and file a chart with columns for each of the following: 1) the line and page designations of the deposition or former testimony requested for use, 2) cbjections, 3) counter-designations, 4) any responses thereto, and 5) the Court's ruling. 3. EVIDENTIARY EXHIBITS The parties/counsel shall jointly prepare (and be ready to temporarily lodge for inspection at the FSC) three sets of tabbed, intemally paginated by document, and properly- marked exhibits, organized numerically in three-ring binders (a set for the Court, the Judicial Assistant and the witnesses). The parties/counsel shall mark all non-documentary exhibits and insert a simple written description of the exhibit behind the corresponding numerical tab in the exhibit binder. If the parties have a joint signed exhibit list and electronic copies of their respective exhibits, then the parties/counsel will not be required to praduce exhibit binders at the FSC. However, the exhibit binders may be required by the assigned trial judge when the trial commences. In the absence of either a joint signed exhibit list or electronic copies, exhibit binders will be required by all parties/counsel at the FSC. 4. TRIAL BINDERS REQUIRED IN THE Pl COURTS The parties/counsel shall jointly prepare (and be ready to temporarily lodge and include the following for inspection at the FSC) the Trial Documents consisting of conformed copies, tabbed and organized into three-ring binders with a table of contents that includes the following: Tab A: Trial Briefs (Optional) Tab B: Motions in Limine Tab C: Joint Statement to Be Read to the Jury Tab D: Joint Witness List mn Page 4 of 5 FIRST AMENDED ORDER RE FINAL STATUS CONFERENCE, PERSONAL INJURY COURTS (Effective April 16, 2018) ~N oO ag a w n 10 1 12 13 14 15 16 17 18 19 20 21 23 24 25 26 28 Tab E: Joint List of Jury Instructions (identifying the agreed upon and contested instructions) Tab F: Joint and Contested Jury Instructions Tab G: Joint and/or Contested Verdict Form(s) Tab H: Joint Exhibit List Tab I: Joint Chart of Page and Line Designation(s) for Deposition and Former Testimony Tab J: Copies of the Current Operative Pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-compiaint), The parties/counsel shall organize motions In limine (tabbed in numerical order) behind Tab B with the opposition papers and reply papers for each motion placed directly behind the moving papers. The parties shall organize proposed Jury instructions behind Tab F, with the agreed upon instructions first in order followed by the contested instructions (including special instructions) submitted by each side. S. FAILURE TO COMPLY WITH FSC OBLIGATIONS The court has discretion to require any party/counsel who fails or refuses to comply with this Amended Standing Order to show cause why the Court should not impose monetary, evidentiary and/or issue sanctions (including the entry of a default or the striking of an answer). Date I I Nate 1 einbearh Debre K. Weintraub Supervising Judge, Civil Los Angeles Superior Court Page Sof 5 FIRST AMENDED ORDER RE FINAL STATUS CONFERENCE, PERSONAL INJURY COURTS (Effectiva April 16, 2018) Superior Court of California County of Los Angeles ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKET The person who files a civil lawsuit (plaintiff) must include the ADR information Packet with the complaint when serving the defendant. Cross-complainants must serve the ADR Information Packet on any new parties named to the action together with the cross-complaint. There are a number of ways to resolve civil disputes without having to sue someone. These alternatives to a lawsuit are known as alternative dispute resolution (ADR). In ADR, trained, impartial persons decide disputes or help parties decide disputes themselves. These persons are called neutrals. For example, in mediations, the neutral is the mediator. Neutrals normally are chosen by the disputing parties or by the court. Neutrals can help resolve disputes without having to go to court. LAADR 005 (Rev. 03/17) LASC Adopted 10-03 Cal. Rules of Court, rule 3.221 Advantages of ADR e Often faster than going to trial ¢ Often less expensive, saving the litigants court costs, attorney's fees and expert fees. e May permit more participation, allowing parties to have more control aver the outcome. e Allows for flexibility in choice of ADR processes and resolution of the dispute. e Fosters cooperation by allowing parties to work together with the neutral ta resolve the dispute and mutually agree to remedy. » There are fewer, if any, court appearances. Because ADR can be faster and save money, it can reduce stress. Disadvantages of ADR - ADR may not be suitable for every dispute. ¢ If ADR is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an appellate court. » ADR may not be effective If it takes place before the parties have sufficient information to resolve the dispute. * The neutral may charge a fee for his or her services. ¢ If the dispute is not resolved through ADR, the parties may then have to face the usual and traditional costs of trial, such as attorney's fees and expert fees. The Most Common Types of ADR * Mediation In mediation, a neutral {the mediator) assists the parties in reaching a mutually acceptable resolution of their dispute. Unlike lawsuits or some other types of ADR, the parties, rather than the mediator, decide how the dispute is to be resolved. * Mediation is particularly effective when the parties have a continuing relationship, like neighbors or business people. Mediation Is also very effective where personal feelings are getting in the way of a resolution. This is because mediation normally gives the parties a chance to express their feelings and find out how the other sees things. » Mediation may not be effective when one party is unwilling to cooperate or compromise or when one of the parties has a significant advantage in power over the other. Therefore, it may not be a good choice if the parties have a history of abuse or victimization. LAADR 005 (Rev. 03/17) LASC Adopted 10-03 Cal. Rules of Court, rule 3.221 Page 2 of 4 = Arbitration in arbitration, a neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is typically less formal than a trial, and the rules of evidence may be relaxed. Arbitration may be either “binding” or “non- binding.” Binding arbitration means the parties waive their right to a trial and agree to accept the arbitrator's decision as final. Non-binding arbitration means that the parties are free to request a trial if they reject the arbitrator's decision. Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker wha has training or experience in the subject matter of the dispute. = Mandatory Settlement Conference (MSC) Settlement Conferences are appropriate in any case where settlement is an option. Mandatory Settlement Conferences are ordered by the Court and are often held near the date a case is set for trial. The parties and their attorneys meet with a judge who devotes his or her time exclusively to preside over the MSC. The judge does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement. The Los Angeles Superior Court Mandatory Settlement Conference (MSC) program is free of charge and staffed by experienced sitting civil judges who devote their time exclusively to presiding over MSCs, The judges participating in the judicial MSC program and their locations are identified in the List of Settlement Officers found on the Los Angeles Superior Court website at http://www.lacourt.org/. This program is available in general jurisdiction cases with represented parties from independent calendar (IC) and Central Civil West (CCW) courtrooms. In addition, on an ad hoc basis, personal injury cases may be referred to the program on the eve of trial by the personal injury master calendar courts in the Stanley Mosk Courthouse or the asbestos calendar court In CCW, In order to access the Los Angeles Superior Court MSC Program the judge in the IC courtroom, the CCW Courtroom or the personal injury master calendar courtroom must refer the parties to the program. Further, all parties must complete the information requested in the Settlement Conference Intake Form and email the completed form to mscdept18@Ilacourt.org. LAADR 005 {Rev. 03/17) LASC Adopted 10-03 Cal. Rules of Court, rule 3.221 Page 3 of 4 Additional Information To locate a dispute resolution program or neutral in your community: e Contact the California Department of Consumer Affairs (www.dca.ca.goyv) Consumer Information Center toll free at 800-952-5210, or; e Contact the local bar association (http://www.lacba.org/) or; Look in a telephone directory or search online for “mediators; or “arbitrators.” There may be a charge for services provided by private arbitrators and mediators. A list of approved State Bar Approved Mandatory Fee Arbitration programs is available at http://calbar.ca.gov/Attorneys/MemberServices/FeeArbitration/ApprovedPrograms.aspx#19 To request information about, or assistance with, dispute resolution, call the number listed below. Or you may call a Contract Provider agency directly. A list of current Contract Provider agencies in Los Angeles County is available at the link below. http://css.lacounty.gov/programs/dispute-resolution-program-dr County of Los Angeles Dispute Resolution Program 3175 West 6th Street, Room 406 Los Angeles, CA 80020-1798 TEL: (213) 738-2621 FAX: (213) 386-3995 LAADR 005 (Rev. 03/17) LASC Adopted 10-03 Cal. Rules of Court, rule 3.221 Page dof4 - DQ NOT FILE WITH THE COURT- CIV-050 -UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 - ATTORNEY OR PARTY WITHOUT ATTORNEY (Nams and Address): TELEPHONE NO. FOR COURT USE ONLY Debora Rabieian (SBN 315022) 310.659.6000 PACIFIC ATTORNEY GROUP 856 South Robertson Boulevard, Penthouse Los Angeles, CA 90035 ATTORNEY FOR (meme): Plaintiffs, Haray Ghazarian et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES street aporess; 111 North Hill Street manne aooress: 111 North Hill Street cyano zrcooe: Los Angeles, 90012 eranci nave: Stanley Mosk Courthouse PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savara perenoanT: 11015 Noho, LLC; Evolve Realty And Development Corp; STATEMENT OF DAMAGES me (Personal Injury or Wrongful Death) 19STCV(1825 To (name of one defendant only): 11015 Noho, LLC Plaintiff (name of one plaintiff only): Haray Ghazarian seeks damages in the above-entitled action, as follows: 1. General damages AMOUNT a Pain, SURING, ANd INCONVENIENCE ..........coeuivvereieee eves sere esses seasons sesesses esses sree seseseems eters eesesrernee $10,000,000 D. [1 EMOONG] GISIESS. ....vve reverses eeseemoemammenessereescereseeesees sees sseees e ses ses s sessmessresseees eee seers seems eessenseserene $ C. [1 LOSS Of CONSORIUM coco eee see see ee reesmsomeess snare ssressaes snes es essenees ones resereerserenenes § d. [1 Loss of sociey and companionship (wrongful death actions only) . 3 $ 8 g. [J continued on Attachment 1.8. 2. Special damages a. MEICAl EXPENSES (10 TALE) .v-evveeeererrererereeeesseeeenersseeseeeessesssssseseesserassessssessessneesesesesssssnresersenne§ 230,000 b. FUtUre medical €XPENSES (DRESOME VAIL) ..............o..ceomroooreees or ereereeereeseeses sesesesssenseeses sa sesse se seos $2,000,000 C. [7] LOSS Of BBIMINGS (0 GAB)... -..ceomr eases ersesecsceresesensseeemrmmnesrreseesssses sessssmsssssesssssseressssssoscnmeneene. § 100,000 d. Loss of future earning capacity (present value) .................ccccveveveereane $ 250,000 a. [1 PTOPEILY GBIMIEEE -....eovevveremsieian erates easieesese sees sreeessae esses ssasas esses esas ant ssssnsnensans ons sermmsensessesesssasesens B f£. J Funeral expenses (Wrongful death 8CHONS ONIY) ..........uweiieviiieocenieiecrises ana ceiererosessrsssensvrires $ g. J Future contributions (present value) (wrongful death actions only) ..........c..c..ccccoicvvicericiciiieee. h. CJ value of personal service, advice, or training (wrongful death actions only) .............c.ccooceeveiivieiviecs 3 LE k. C1 Continued on Attachment 2.. / 3. [1 Punitive damages: Plaintiff reserves the right to seek punitive damages in the a f dspecify).. $ when pursuing a judgment in the suit filed against you. ; N Date: 01/18/19 x oN Debora Rabieian Bb ~_ (TYPE OR PRINT NAME) (SIGNATURE C OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (Proof of service on revarse) /~ Page 1012 Form Adapted for Mandatory Usa STATEMENT OF DAMAGES Code of Civil Pracedurs, §§ 425.11, 425.115 Judicial Council of California B www.caurtinfo ca g v CiV-050 (Rav. January 1, 2007] (Parsonal Injury or Wrongful Death) [American LegalNet, inc. | www. FormsWorlflow.com | i --- CIv-050 u PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savara | © _ DEFENDANT: | 1015 Noho, LLC; Evolve Realty And Development Corp; | PROOF OF SERVICE (After having the other party served as described below, with any of the documents identified in item 1, have the person who served the documents complete this Proof of Service. Plaintiff cannot serve these papers.) 19STCVO01825 1. | served the a. [Z] Statement of Damages other (specify): b. on (name): ¢. by serving [defendant [other (name and title or relationship to person served): d [J] by dellvery (CJathome [lat business (1) date: (2) time: (3) address: e. (1 by mailing (1) date: (2) place: 2. Manner of service (check proper box): a [_] Personal service. By personally delivering copies (CCP § 415.10) b. [_] Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(a)) c. [J substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently In charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence In first attempting personal service.) d. CJ Mail and acknowledgment service. By mailing (by first- class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of receipt.) e. [1] Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP § 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. [J other (specify code section): additional page is attached. 3 At the time of service | was at least 18 years of age and not a party to this action. 4. Fee for service: $ 5. Person serving: a. California sheriff, marshal, or constable f Name, address and telephone number and, if applicable, b. [] Registered California process server county of registration and number; c. [LJ Employee or independent contractor of a registered California process server d 1 Not a registered California process server e. [_] Exempt from registration under Bus. & Prof. Code § 22350(b) | declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) CIV-050 [Rav. J 1, 2007] P. 2012 Pn Shey PROOF OF SERVICE Code of Clvil Procedure §6 425 11.425 115 (Statement of Damages) CIv-050 - DO NOT FILE WITH THE COURT- ~-UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 - ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO. FOR COURT USE ONLY Debora Rabieian (SBN 315022) 310.659.6000 PACIFIC ATTORNEY rs 856 South Robertson Boulevard, Penthouse Los Angeles, CA 90035 ATTORNEY FoR (name): Plaintiffs, Haray Ghazarian et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES streeraporess: 1 11 North Hill Street manna apress: 111 North Hill Street cry anozrcooe: Los Angeles, 90012 srancH name: Stanley Mosk Courthouse PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savara pereNpanT: 11015 Noho, LLC; Evolve Realty And Development Corp; STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) 19STCV01825 To (name of one defendant only). 11015 Noho, LLC Plaintiff (name of one plaintiff only): Rafigh Shahmirzayan seeks damages in the above-entitled action, as follows: CASE NUMBER: 1. General damages AMOUNT a. Pain, SUBMNG, Nd INCONVEMIBIIOE .......coce.. eee eeeieereeeetestreneseees eteeoseserseasesseses ret ase srs semsseasesesanestone se ses $10,000,000 Er Ey 6: [2] L688 OF COMBO cpm mii ri too eA a Se A BS sa ids srsssntas 8 d.[] Loss of sociey and companionship (wrongful death actions only) ............ccccoceviiiiivivvivivs. $ ©: LONGI (SPOON) e oes § t. LJ other (specify)... $ a. [1 continued on Attachment 1.9. 2. Special damages a. METICAI EXPENSES (20 GALE) co veeeevees es eoeereeereeeees eeesireeeeeenseessmnsstessesstsess sess ets ses eso rases ee r sere on $250,000 b. Future medical @XpBNSES (PESO VILE) ............ccuieeeurereissecresniessseserssssscscssseossnsssssassossssasessissensemasnn $2,000,000 c. LOSS Of BAMINGS (10 TALE) <.v.voevvecoreereesreeessessensersreesssssesses s ere sroesmsese ees eesressomsaseereessm eessse n neerrne eee $ 100,000 4.01 Loss of future earning capacity (DrBSONT VIB) .........ccourveeeiiiiiiiiciiaireseeieniiose essa trvcares aeee ee $250,000 eo. PrOPaTY QBMBGE! issussssrississnanssvansiasnssesiies sssss Ts 557 os a5AR e r ATE GEA SEF ARAFAT A334 $ t. [1 Funeral expensas (Wrongful death GCtONS ONY) ..........ce ereecineesssiiunesisnsiseesseessiossssssesia ense sanssses $ a. Future contributions (present value) (wrongful death actions only) $ h. [J value of personal service, advice, or training (wrongful death actions only) .........ccoocvcvcevvcvcccc.. B k. C1 Continued on Attachment 2.k. \ 3. C1] punitive damages: Plaintiff reserves the right to seek punitive damages inhe amount of {(specify).. $ when pursuing a judgment in the suit filed against you. / Date: 01/18/2019 \ fio Debora Rabieian > / J) (TYPE OR PRINT NAME) _ASGRATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (Proof of service on seversef Pagotar2 fod for Mandatory Uso STATEMENT OF DAMAGES Coda of Civ Procedure, $8 425.11, 425.115 oi Gaon (Personal Injury or Wrongful Death) = | American LegalNst, Inc. www.FarmeWorkflow. com PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savara | GAs Moma DEFENDANT: 11015 Noho, LLC; Evolve Realty And Development Corp; | PROOF OF SERVICE (After having the other party served as described below, with any of the documents identified in item 1, have the person who served the documents complete this Proof of Service. Plaintiff cannof serve these papers.) 1. | served the a. Statement of Damages CJ other (specify): b. on (name): ¢. by serving [defendant [other (name and title or relationship to person served): d. [J by delivery [Jathome [latbusiness (1) date: (2) time: (3) address: e. [by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. [1 Personal service. By personally delivering copies. (CCP § 415.10) b. [_] Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter malling (by first-class mail, postage prepaid) capies to the person served at the place where the copies were left. (CCP § 415.20(a)) C. - Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postags prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. CJ Mait and acknowledgment service. By mailing (by first- class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of receipt.) e. [1 certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP § 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) £ [J Other (specify cade section): addtional page is attached. 3. At the time of service | was at least 18 years of age and not a party to this action. 4 Fee for service: $ 5. Person serving: a. California sheriff, marshal, or constable f. Name, address and telephone number and, if applicable, b. + Registered California process server county of registration and number: Cc. Employee or independent contractor of a registered California process server d [] Nota registered California process server e. [_] Exempt from registration under Bus. & Prof. Code § 22350(b) | declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) CIV-050 [Rev. January 1, 2007) PROOF OF SERVICE Code of Civil Procedure §§ 425 bag i {Statement of Damages) - DO NOT FILE WITH THE COURT- CIV-050 UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 - ATTORNEY OR PARTY WITHOUT ATTORNEY {Nama ang Address): TELEPHONE NO: FOR COURT USE ONLY Debora Rabieian (SBN 315022) 310.659.6000 PACIFIC ATTORNEY GROUP 856 South Robertson Boulevard, Penthouse Los Angeles, CA 90035 arTorNEY For memey: Plaintiffs, Haray Ghazarian et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES streeraonress: 111 North Hill Street maine aopress: 111 North Hill Street cry annzrcooe: Los Angeles, 90012 eranchiname: Stanley Mosk Courthouse PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Garnik Savara perenDAnT: 11015 Noho, LLC; Evolve Realty And Development Corp; STATEMENT OF DAMAGES SE (Personal Injury or Wrongful Death) 19STCV01825 To (name of one defendant only): 11015 Noho, LLC Plaintiff (name of one plaintiff only): Garnik Savarani seeks damages in the above-entitled action, as follows: 1. General damages AMOUNT a. [7] Pain, suffering, aNd iNCONVBNIBNEE ...............cvcoooeereemceeseseerereseeeeeere eoreesesmisesssssrsssssssseeneemscesnen eee $ 10,000,000 b. 1 Emotional distress. .........c..ooccooo eerie oe $ c. [J Loss of consortium ; -- $ d. CJ Loss of socley and companionship (wrongful death actions only) ..................oooeooeemeeovconreereerers $ g. [1 continued on Attachment 1.g. 2. Special damages a, MEAICA! EXPANSES (f0 BAB) ...vuveveevvreererisesenes ies eessen reese ssssassmresssmseesss soos assess ossarsesssssnsesseesssseemssnaseses $250,000 b. [2] Future medical 8XpenSes (DrOSONE VAILIE) . .......... we... wccoeoeeeoeeeeeeeeseeeemresessesssssesssesss e sa sosess e s saso nin $2,000,000 C. [2] LOSS OF GAMINGS (10 GALE) «eevee eevee eee eee se esos asesecseseeeseesesesss es eeesereseessere a ro $100,000 d. Loss of future earning capacity (present value) $ 250,000 e.[ 1 Property GamEQE ..........coccrrseimirmsienisrsmsssassesssmossissyennaesnsspiatbsny sissies iabsbonsesnioniantiasssnisiisiiosrsssstinsive: 9 £. C1 Funeral expenses (wrongful death BCHONS OMY) ..............cccciivivniiiciiiisiiisiaes imei visi g. [1 Future contributions (present value) (wrongful death actons ONY) ..........c.ceeeivrmrenceissessreresssnsnns $ h. 1 value of personal service, advice, or training (wrongful death actions only) ........cccccvvevcccccicie. $ i. C1 other (specify) ee k. [_J Continued on Attachment 2.k. 3 [_- Punitive damages: Plaintiff reserves the right to seek punitive damages in le amount pf (specify).. $ when pursuing a judgment in the suit filed against you. Xx / Date: 01/18/19 / Debora Rabieian b 3 s (TYPE OR PRINT NAME) (51GNA J) RE OF PLAINTIFF OR AN#NEY FOR PLAINTIFF) (Proof of service on reverse) 8 Paget of2 Coda of Civil Pro ; , 425, Form Adoptad for Mandatory Use STATEMENT OF DAMAGES a of ena es ms CIV-050 [Rev. January 1, 2007) (Personal Injury or Wrongful Death) -_- | American LegalNet, inc. www FormsWorkfiow.com CIV-050 lL . PLAINTIFF: Haray Ghazarian; Rafigh Shahmirzayan; and Gamik Savara | oe ween DEFENDANT: 11015 Noho, LLC; Evolve Realty And Development Corp; 19STCV01825 PROOF OF SERVICE (After having the other party sarved as described below, with any of the documents identified in item 1, have the person who served the documents complete this Proof of Service. Plaintiff cannot serve these papers.) 1. | served the a Statement of Damages other (specify): b. on (name): c. by serving -] defendant [other {name and title or relationship fo person served): 4. C1 by delivery [Jathome [Jatbusiness (1) date: (2) time: (3) address: e. [J by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. [_] Personal service. By personally delivering copies. (CCP § 415.10) b. [1 Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person wha apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(a)) c. [1 substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparantly in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. C1 Mall and acknowledgment service. By mailing (by first- class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a retum envelope, postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of receipt.) e. [] certified or registered mail service. By mailing to an address outside Callfornla (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP § 415.40) (Attach signed retum receipt or other evidence of actual delivery to the person served.) f. [J other (specify code section) additional page Is attached. 3. At the time of service | was at least 18 years of age and not a party to this action. 4. Fee for service: $ 5. Persan serving: a California sheriff, marshal, or constable f. Name, address and telephone number and, if applicable, b. H Registered California process server county of registration and number: Cc. Employee or independent contractor of a registered California process server d. [] Not a registered California process server e. [| Exempt from registration under Bus. & Prof. Code § 22350(b) | declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) REI PROOF OF SERVICE Cod of Cl Procedure §5.425.11, 423 115 (Statement of Damages) EXHIBIT "B" From: Michael Hollomon To: Cameron S. Broomi; Edward |. Riffle; Nelly A. Verdugo; Cristina Flores; Debbie Parker Cc: Debbie Rabieian Subject: Re: 21528 / Ghazarian v. 11015 NOHO LLC / Correspondence Date: Tuesday, February 12, 2019 4:49:49 PM I see no ambiguity in the pleading. Plaintiffs allege they were injured falling down an elevator shaft. They also allege the injury was the result of the negligent ownership, negligence, maintenance, management and operation of the premises on the part of NOHO and Evolve. It is well established a complaint merely need allege those ultimate facts sufficient to give the defendant notice of the cause of action stated against him such that he is able to prepare his defense. Bauer v. County of Ventura (1955) 45 Cal.2d 276, 291. Plaintiffs’ complaint clearly complies with that requirement. You no doubt disagree. I will await your moving papers. Thanks, Michael P. Hollomon, | r. PACIFIC ATTORNEY GROUP, PLC Mail a 856 S. Robertson Blvd. Los Angeles, CA 90035 mike@ pacificattorneygroup.com (310) 659-6000, ext. 215 (424) 433-5993 Fax NOTICE: This e-mail message is the property of Pacific Attorney Group. The contents of this message and any attachments are intended to be private, confidential and protected by law under the Electronic Communications Privacy Act [18 United States Code §§ 2510-2711], the attorney-client privilege, the work-product doctrine, federal copyright law, and other applicable privileges and/or protections. If you are not the intended recipient of this message, please delete the message and its attachments from your computer and destroy all copies on any medium. On Tue, Feb 12, 2019 at 4:29 PM Cameron S. Broomi wrote: Counsel, As mentioned in my meet and confer with Debbie Rabieian, Plaintiff's complaint is ambiguous as to the parties and alleged incident. The complaint contains one sentence describing the incident and fails to specify how the Defendants caused Plaintiff's alleged injuries. Further, the complaint fails to specify Defendants’ connection/role/capacity to the property and/or worksite. | also took issue with Plaintiff's alleged “property damage” and what property damage, if any, were suffered. If we cannot come to an agreement to have the above-mentioned deficiencies amended, NOHO and Evolve will accordingly file their Demurrer and Motion to Strike. Thanks, a W O N oe 0 9 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR + STEWART. PROOF OF SERVICE (CCP gg 1013(a) and 2015.5; FRCP 5) State of California, ) ss. County of Los Angeles. ) I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address is 1100 El Centro Street, South Pasadena, California 91030. On this date, I served the foregoing document described as DEFENDANTS 11015 NOHO, LLC AND EVOLVE REALTY & DEVELOPMENT CORP.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES on the interested parties in this action by placing same in a sealed envelope, addressed as follows: Michael P. Hollomon, Jr., Esq. PACIFIC ATTORNEY GROUP, PLC 856 S. Robertson Blvd. Los Angeles, CA 90035 (310) 659-6000, ext. 215 (424) 433-5993 Fax mike@pacificattorneygroup.com ATTORNEYS FOR PLAINTIFFS IX] (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, California to be served on the parties as indicated on the attached service list. 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 South Pasadena, California in the ordinary course of business. 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. [1 BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in South Pasadena, California. [1 BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY [1 BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: (Date) at (Time) [J] FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. [1 BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted. [1 BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on February 22, 2019 at South Pasadena, California. [XI (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [J] (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. ©. RLaxe Portree DEBBIE PARKER 21528.1 DEMURRER Make a Reservation | Journal Technologies Court Portal https://portal-lasc.journaltech.com/public-portal/?q=calendar/reserve Journal Technologies Court Portal 1of2 Make a Reservation HARAY GHAZARIAN, et al. vs 11015 NOHO, LLC, et al. Case Number: 19STCV01825 Case Type: Civil Unlimited Category: Other Personal Injury/Property Damage/Wrongful Death Date Filed: 2019-01-18 Location: Spring Street Courthouse - Department 4B Reservation Case Name: HARAY GHAZARIAN, et al. vs 11015 NOHO, LLC, et Case Number: al. 19STCV01825 Type: Status: Demurrer - without Motion to Strike RESERVED Filing Party: Location: Evolve Realty and Development Corp (Defendant) Spring Street Courthouse - Department 4B Date/Time: Number of Motions: 05/17/2019 1:30 PM 1 Reservation ID: Confirmation Code: 657861091813 CR-NYKDNIPY33C3UP5QX Fees Description Fee Qty Amount First Paper Fees (Unlimited Civil) 435.00 1 435.00 Credit Card Percentage Fee (2.75%) 11.96 1 11.96 TOTAL $446.96 Payment Amount: Type: $446.96 MasterCard Account Number: Authorization: XXXX3169 05420J I= Print Receipt = Reserve Another Hearin Copyright © Journal Technologies, USA. All rights reserved. 2/19/2019, 1:24 PM Make a Reservation | Journal Technologies Court Portal https://portal-lasc.journaltech.com/public-portal/?q=calendar/reserve 2 of 2 2/19/2019, 1:24 PM
