Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 15, 2021E-FILED 3/15/2021 10:44 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378999 Reviewed By: V. Taylor 21CV378999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fl " Q LA OFFICES VU.$.A. LAW OFFICES, APC MICHAEL CHINH VU, SBN 178148 142 EAST MISSION STREET SAN JOSE. CA 951 12 TELEPHONE: (408) 288-7400 FACStMILE: (408) 288-7798 EMAIL: MICHAELVU@VUSALAW.COM Attorney for Plaintiff TRANG THUY DOAN LE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION Defendants 5. Premises Liability TRANG THUY DOAN LE, ) CASE NO. Plaintiff ) ) COMPLAINT FGR: ) Versus ) 1. Assault and Battery ) 2. Ralph Act-Violence ) 3. Intentional Infliction 0f Emotional ) Distress DAN DUNG DANG aka DAN VAN DANG and ) 4. Negligent Inflicfion 0f Emotion DOES 1 TO 50, ) Distress ) ) ) Plaintiff TRANG THUY DOAN LE ("Plaintiff"), for the Complaint against Defendants DAN DUNG DANG aka DAN VAN DANG, and other Defendants DOES 1 t0 50, hereinafter collectively referred to as "Defendants", and each 0f them, alleges as follows: PARTIES 1. Plaintiff is individual and is now, and all times herein mentioned was, a resident 0f the Santa Clara County, State 0f California. Complaint for Damages Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. At all times mentioned herein, Defendant DAN DUNG DANG aka DAN VAN DANG, hereinafter individually referred t0 as "Defendant Nguyen" was, and now is, an individual and resident of the Santa Clara County, State of California. 3. Plaintiff does not yet know the true names 0f other Defendants and therefore sues them under the fictitious names of DOES 1 to 50, pursuant t0 Code 0f Civil Procedure § 474. Plaintiff is informed and believes and thereon alleges that each 0f these Defendants, whether individual, corporate, associate, 0r otherwise, was in some manner negligently and proximately resansible for the events and happenings alleged in this Complaint and for Plaintiff s injuries and damages, Plaintiff will amend the Complaint to include the true names of these Defendants When ascertained. 4. Plaintiff is informed and believes and thereon alleges that these Defendants were employees partners, directors, officers, employees and/or agents, at all times herein mentioned, Who were acting on behalf and in the course and scope 0f their agency 0r employment with said individual, partnership or corporation. Each 0f the foregoing Defendants is 0r was at all times acting within the scope and purpose 0f his 0r her agency and employment and was at all times herein mentioned acting With the consent and permission 0f the other. Moreover, these Defendants conspired, cooperated, 0r otherwise agreed t0 work together as accomplices in carrying out acts that have caused damages and injuries to Plaintiff as alleged herein. 5. Plaintiff is further informed and believes and thereon alleges that each Defendant, when acting as a principal, was negligent in the maintenance, supervision, ownership, management, and/or operation of the premises as an agent cr employee. In the alternative, each Defendant, when acting independently as a principal, was negligent in the Complaint for Damages Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maintenance, supervision, ownership, management, and/or operation of the premises, and whose negligence legally and proximately caused the bodily injuries, pain and suffering, emotional distress and all other special and general damages that Plaintiff has suffered and continue to suffer. JURISDICTION AND VENUE 6. Venue is proper in this Court, and this Court has jurisdiction over this action because the events at issue took place Within this Court's jurisdictional boundaries, the parties reside in this County, and Defendants have submitted t0 this Court's jurisdiction by filing the complaint in this Court. 7. The damages alleged in this Complaint exceed the minimum jurisdictional limits of the California State Superior Court for thé County 0f Santa Clara for unlimited jurisdiction subject matters. GENERAL ALLEGATIONS 8. Defendant Nguyen is the owner 0f the real property located at 4598 Rhapsody Way, San Jose, CA 95111 ("Subject Property"). Defendant Nguyen lives in 0n€ 0f the bedrooms and rents out the other bedroom in the Subject Property to boarders. 9. On 0r about October 15, 2019, Plaintiff entered into an oral agreement with Defendant Nguyen, in which Plaintiff agreed to pay t0 Defendant Nguyen the sum of $550 per month t0 rent a room Within the Subject Property. Plaintiff moved into the Subject Property in mid-October 2019. Plaintiff paid Defendant the sum of $275 for V2 month rent for October 2019 and $300 for security deposit. 10. Plaintiff is 45 years old, and Defendant Nguyen is about 62 years 01d. He is about 5.10 feet in height and about 160 lbs in weight. Plaintiff is about 5.00 feet in height and Complaint for Damages Page 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 lbs in weight. Because 0f the age disparity, she refers t0 him as ”Chu", Which is "Uncle" in Vietnamese. 11. Defendant Nguyen is Plaintiffs landlord, and she did not want t0 offend him. Defendant Nguyen had made comments about Plaintiffs 100k, her appearance, how she dressed that I found her very attractive. On the second day of the Lunar New Year 2021, he waited for her in front of the house When she was in a traditional dress t0 coerce her t0 take a picture With him. He waited for her in places around the house and had startled her several times during the period 0f her tenancy at the Subject Proparty. Defandant Nguyen also expressed to Plaintiff his personal feelings, which made her very uncomfortable because they were inappropriate. 12. Defendant Nguyen offered t0 drive her brother Long Le t0 his work place in order t0 find out Plaintiff‘s mother's house. He tried t0 obtain personal information about Plaintiff and her pending dissolution 0f marriage With her husband Ron Huynh. 13. In 0r about July 2020 at about 8:30am, Plaintiff was pouring milk into a glass in the kitchen of the Subject Property when Defendant Nguyen came from behind and wrapped his arms around her breasts. She was completely shocked by Defendant Nguyen’s conduct and she pushed him away and told him not to’behave such away. He raised his hands and walked away. 14. In 0r about December 2020, Plaintiff got out of another boarder Ngoc Anh's bedroom intending to return t0 her room when Defendant Nguyen was standing in the dark waiting for her in the hallway. He grasped her arm and pulled her toward him to try to hug her, and Plaintiff yelled and fell backward onto the floor. Ngoc Anh came out after she heard Plaintiffs scream, and Defendant Nguyen walked away.m Complaint for Damages Page 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15. In or about early February 2021, Plaintiff gave Defendant Nguyen the rent for the month 0f February 2021, he suddenly hugged her and wrapped his hands around her back and he moved quickly t0 touch her buttocks. She pushed him out and told him not to d0 it again. 16. On Sunday, March 07, 2021, at about 7:30am. Plaintiff heard Defendant Nguyen’s footsteps, and she wanted to give $550 in cash for the March 2021 rent. Plaintiff was standing inside her room, and Defendant Nguyen was standing in front 0f her bedroom door when he received the rent payment from Plaintiff. After Defendant Nguyen took the money, he suddenly lunged toward her and pushed her into her bedroom and onto the bed. Plaintiff was wearing shorts and a long sleeve shirt and not bras. Defendant Nguyen pulled her shirt down and then kissing the nipple 0f her left breast and his hand touched her right breast. Plaintiff struggled t0 push him away, but he was so much stronger, and his hand was squeezing her buttocks. Plaintiff began t0 cry and yelled, and she was able to push him off her. As he was kneeling on the floor, he still tried t0 touch her, and she again pushed him away. He then picked up rent in $20 bills that were scattering 0n the floor in Plaintiffs bedroom before he got out. Plaintiff saw Defendant Nguyen's eyeglasses, and she took the eyeglasses and threw them outside. Plaintiff continued to cry on her bed and did not know what to d0. A few minutes later, Defendant Nguyen walked past her door and came in and put 0n her desk 4 Shell gift cards ($10 each), one Safeway gift card, and one Amazon gift card in a small black envelope telling her t0 use these gift cards and thereafter left the house. Thereafter, Plaintiff went t0 see Ngoc Anh, who called the police. The police came and talked to Plaintiff and thereafter went to the nearby park and arrested Defendant Nguyen. Complaint for Damages Page 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FIRST CAUSE 0F ACTION (Assault and Battery) [As t0 All Defendants] 17. Plaintiff hereby repeats and re-alleges each and every foregoing, and incorporates by reference the allegations stated in Paragraphs 1 through 16, as if fully alleged herein. 18. Defendants, and each of them, willfully, maliciously, and wrongfully assaulted and battered Plaintiff and caused Plaintiff to suffer bodily injuries. 19. Defendants’ conduct by force or violence, and that 0f each 0f them, was intentional, nonconsensual, harmful, and/or offensive contact with Plaintiff s body. 20. By reason 0f the acts 0f the Defendants, Plaintiff was placed in great and imminent fear for her life and physical well-being. 21. By reason of wrongful, malicious, and Violent acts 0f these Defendants, and each 0f them, Plaintiff was beaten and suffered extreme and severe mental anguish and physical pain and was injured in her mind and body. 22. Defendants’ conduct, and that 0f each 0f them, as herein alleged, was done with deliberate disregard for the rights of Plaintiff and subjected Plaintiff t0 unjust hardship and caused Plaintiff to suffer acute mental anguish, embarrassment, nervousness, bodily injuries, and emotional and physical distress. 23. As a proximate and direct result of Defendants’ conduct, Plaintiff suffered mental anguish, apprehension, nervousness, and emotional and physical distress, and injured in mind and body all t0 Plaintiff s damage in a sum in excess of the jurisdiction 0f this court. SECOND CAUSE OF ACTION ((Ralph Act (Civil Code section 51.7)-Vi01ence) [Against all Defendants] Complaint for Damages Page 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24. Plaintiff incorporates by reference the allegations stated in Paragraphs 1 through 23, inclusive, as if fully set forth herein. 25. Defendants committed acts of violence against Plaintiff because 0f her sex. 26. A substantial motivating reason for Defendant's conduct was Plaintiffs sex. 27. Plaintiff was harmed by Defendant's conduct. 28. Defendants' conduct was a substantial factor in causing Plaintiffs harm. THIRD CAUSE OF ACTION (Intentional Infliction 0f Emotional Distress) [Against all Defendants] 29. Plaintiff incorporates by reference the allegations stated in Paragraphs 1 through 28, inclusive, as if fully set forth herein. 30. Based on the Defendant's conduct as alleged herein, their conduct was outrageous. 31. Defendants intended t0 cause Plaintiff emotional distress 0r acted With reckless disregard 0f the probability that Plaintiff would suffer emotional distress. 32. Plaintiff did suffer emotional distress. 33. Defendants' conduct was a substantial factor in causing Plaintiff severe emotional distress. 34. Plaintiff suffered harm as a result in an amount according to proof at trial. FOURTH CAUSE OFACTION (Negligent Infliction 0f Emotion Distress) [Against all Defendants] 35. Plaintiff incorporates by reference the allegations stated in Paragraphs 1 through 34, inclusive, as if fully set forth herein. 36. Defendants were negligent in causing emotional distress t0 Plaintiff. Complaint for Damages Page 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37. Plaintiff suffered serious emotional distress. 38. Defendants' conduct was a substantial factor in causing Plaintiff serious emotional distress. 39. Plaintiff suffered harm as a result in an amount according t3 proof at trial. FIFTH CAUSE OF ACTION (Premise Liability) [Against All Defendants] 40. Plaintiff hereby repeats and re-alleges each and every foregoing, and incorporates by reference the allegations stated in Paragraphs 1 through 39, as if fully alleged herein. 41. Defendant Nguyen is the owner the Subject Property. 42. By Virtue 0f the agreement between the parties in which Plaintiff paid Defendants $550 for the rent of one bedroom in the Subject Property. Plaintiff was an invitee of Defendants and was 0n the premises of the Subject Property with express permission 0f Defendants. 43. Defendants owed Plaintiff a duty of ordinary care to keep the Subject Property in a reasonably safe condition. By having subjected Plaintiff t0 continuai harassment, assault and battery, Defendants have failed t0 maintain the Subject Property in a reasonably safe condition” 44. Plaintiff believes and thereon alleges that Defendants’ failure to exercise reasonable care in keeping the premises in a safe condition and that the dangerous condition existed at the time during her tenancy has legally and proximately caused damages t0 Plaintiff. Complaint for Damages Page 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45. As a direct and proximate result of Defendants' negligence in the maintenance, management, and/or operation of the Subject Property, Plaintiff suffers monetary and non- monetary, general and special damages, personal injury, pain and suffering, medical expenses, the extent 0f which Will be proven at the time 0f trial. P 46. As a further direct and proximate result of Defendants’ negligence in the maintenance, management, and/or operation of the Subject Property, Plaintiff has suffered extreme and severe anguish, humiliation, emotional distress, nervousness, tension, anxiety, and depression, the extent 0f which is not fully known at this time, and the amOunt 0f damages caused by Defendants’ conduct is not yet fully ascertained but in an amount in excess 0f the jurisdictional amount, and the precise amount to be proven at the time of trial. Plaintiff claims this amount together with prejudgment interest pursuant t0 Civil Code section 3287 and pursuant t0 any other provision of law providing for prejudgment interest. FOR ALL CAUSES OF ACTION: WHEREFORE, Plaintiff demands judgment against Defendants Nguyen and DOES 1 through 50, inclusive, and each 0f them, for the following: 1. General damages according to proof, but in n0 case less than the jurisdiction amount; 2. Damages for medical and related expenses according to proof; 3. Her security deposit 0f $300 and rent for the month of March in the amount 0f $550; 4. Compensatory damages for injuries t0 Plaintiff’s body; 5. Compensatory damages for Plaintiff s emotional distress; 6. Punitive damages according t0 proof; Complaint for Damages Page 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7. A11 costs including reasonable attorney's fees and costs associated with this lawsuit; 8. Any other and further relief that the Court considers proper and appropriate. 9. Plaintiff requests a jury trial. VU.S.A. LAW OFFICES DATED: March 15, 2021 KM {L ‘M " x MICHAEL CHINH VU Attorney for Plaintiff Complaint for Damages Page 10