Preview
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Lance V. Friel 208151
The Friel Law Firm
1600 Sacramento Inn Way, Suite 206
Sacramento, CA 95815 Electronically Filed
TELEPHONE NO.: (916) 565-8000 (916)
FAX NO.(Optional): 565-1234 Superior Court of California
E-MAIL ADDRESS (Optional):info@friellaw.com County of San Joaquin
ATTORNEY FOR (Name):PLAINTIFF 2021-10-20 19:53:30
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN Clerk: Ruth Gunn
STREET ADDRESS:180 East Weber Avenue
MAILING ADDRESS:
Stockton,
CITY AND ZIP CODE: CA 95202
BRANCH NAME: Stockton Branch - Civil Dept.
PLAINTIFF: CHRISHIQUE GARDNER
DEFENDANT: VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI
X DOES 1 TO 30
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
X AMENDED (Number): FIRST
Type (check all that apply):
MOTOR VEHICLE X OTHER (specify): Premises Liability
Property Damage Wrongful Death
X Personal Injury Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE STK-CV-UPI-2021-0008223
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
X ACTION ISAN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION ISRECLASSIFIED by this amended complaint
from limited tounlimited
from unlimited to limited
1. Plaintiff (name or names): CHRISHIQUE GARDNER
alleges causes of action against defendant (name or names): VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI
2. This pleading, including attachments and exhibits, consists of the following number of pages: Seven
3. Each plaintiff named above is a competent adult
a. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
b. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death Gardner v. Venetian Park Apts.,
PLD-PI-001
SHORT TITLE: CASE NUMBER:
GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223
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. X except defendant (name): c. except defendant (name):
VENETIAN PARK APTS., LLC
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) X other (specify): (5) other (specify):
LLC
b. except defendant (name): d. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
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. X Doe defendants (specify Doe numbers): 1-15 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. X Doe defendants (specify Doe numbers): 16-30 are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. at least 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.
c. X injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. 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):
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3
Damage, Wrongful Death Gardner v. Venetian Park Apts.,
STK-CV-UPI-2021-0008223
MC-020
SHORT TITLE: CASE NUMBER:
GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223
1 ATTACHMENT 11
2
3 Plaintiff has suffered medical expenses and general damages.
4 Additionally, Plaintiff suffered personal injuries all of which
5 said injuries have caused and continue to cause Plaintiff great
6 mental, physical and nervous pain and suffering. Plaintiff is
7 informed and believes, and upon that information and belief alleges
8 that Plaintiff's injuries will result in some permanent disability
9 to said Plaintiff, all to Plaintiff's general damages.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27
This page may be used with any Judicial Council form or any other paper filed with the court.
Page 4
Form Approved by the ADDITIONAL PAGE Gardner v. Venetian Park Apts., CRC 201, 501
Judicial Council of California
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper
Optional Form
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223
FIRST CAUSE OF ACTION- General Negligence Page 5
(number)
ATTACHMENT TO X Complaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name) : CHRISHIQUE GARDNER
alleges that defendant (name) : VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI
X Does 1 to 30
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): September 2, 2019
at (place): VENETIAN PARK APTS., 1506 Mosaic Wy, County of San Joaquin, State of California.
:
(description of reasons for liability)
At said time and place, the Defendants, and each of them, so negligently
owned, managed, maintained and operated the premises at the Venetian Park
Apartments in Stockton, CA and failed to maintain the premises in a reasonably
safe condition. Defendants, and each of them, failed to inspect and maintain
the bridges and walkways, as well as the lighting in the area of the bridges
and walkways, within the apartment complex. The bridges traversed canals
throughout the property and connected to concrete walkways. Defendants, and
each of them, failed to use reasonable care in repairing said bridges and
walkways and allowed the bridges and walkways to fall into a state of
disrepair and to be unsafe and dangerous. In addition, Defendants, and each of
them, failed to use reasonable care in repairing the lighting in the area of
the bridges and walkways and allowed insufficient and inadequate lighting to
exist within the area of the bridges and walkways making it almost impossible,
at night, to see the dangerous and unsafe conditions that existed.
On the night of the incident which is the subject of this Complaint, as
Plaintiff walked down a bridge onto a walkway, she stepped into a large drop
in the concrete transition between the bridge and the walkway causing a
significant knee injury resulting in multiple reconstructive surgeries.
Defendants' negligence and failure to inspect, discover, maintain and repair
the bridges and walkways, as well as the failure to inspect, discover,
maintain and repair the insufficient and inadequate lighting in the area of
the bridges and walkways, were substantial factors in causing, and proximately
caused, injuries and damages to Plaintiff, resulting in extensive medical
treatment. The large drop in the concrete transition between the bridge and
the walkway, as well as the inadequate and insufficient lighting, were
dangerous and unsafe conditions and Defendants failed to give adequate warning
of these dangerous and unsafe conditions which exposed Plaintiff to an
unreasonable risk of injury and caused injuries to Plaintiff.
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-001(2) [Rev. January 1, 2007]
Gardner v. Venetian Park Apts.,
PLD-PI-001(4)
SHORT TITLE: CASE NUMBER:
GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223
SECOND CAUSE OF ACTION - Premises Liability Page 6
(number)
ATTACHMENT TO X Complaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name): CHRISHIQUE GARDNER
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): September 2, 2019 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
At said time and place, the Defendants, and each of them, so negligently owned, managed,
maintained and operated the premises at the Venetian Park Apartments in Stockton, CA and
failed to maintain the premises in a reasonably safe condition. Defendants, and each of
them, failed to inspect and maintain the bridges and walkways, as well as the lighting
in the area of the bridges and walkways, within the apartment complex. The bridges
traversed canals throughout the property and connected to concrete walkways. Defendants,
and each of them, failed to use reasonable care in repairing said bridges and walkways
and allowed the bridges and walkways to fall into a state of disrepair and to be
Prem.L-2. X Count One-Negligence The defendants who negligentlyowned, maintained, managed and operated
the described premises were (names):
VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI
X Does 1 to 30
Prem.L-3. 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 activitywere
(names):
Does to
Plaintiff, a recreational user, was an invited guest a paying guest.
Prem.L-4. Count Three-Dangerous Condition of Public Property The defendants who owned public property on
which a dangerous condition existed were (names):
Does to
a. The defendant public entity had actual constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. The condition was created by employees of the defendant public entity.
Prem.L-5. a.
X 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):
VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI
X Does 1 to 30
b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
described in attachment Prem.L-5.b as follows (names):
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California CAUSE OF ACTION - Premises Liability www.courtinfo.ca.gov
PLD-PI-001(4) [Rev. January 1, 2007]
Gardner v. Venetian Park Apts.,
MC-020
SHORT TITLE: CASE NUMBER:
GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223
1 ATTACHMENT TO CAUSE OF ACTION - Premises Liability
2 Prem.L-1.
3 unsafe and dangerous. In addition, Defendants, and each of them, failed to use
4 reasonable care in repairing the lighting in the area of the bridges and walkways
5 and allowed insufficient and inadequate lighting to exist within the area of the
6 bridges and walkways making it almost impossible, at night, to see the dangerous and
7 unsafe conditions that existed.
8 On the night of the incident which is the subject of this Complaint, as Plaintiff
9 walked down a bridge onto a walkway, she stepped into a large drop in the concrete
10 transition between the bridge and the walkway causing a significant knee injury
11 resulting in multiple reconstructive surgeries. Defendants' negligence and failure
12 to inspect, discover, maintain and repair the bridges and walkways, as well as the
13 failure to inspect, discover, maintain and repair the insufficient and inadequate
14 lighting in the area of the bridges and walkways, were substantial factors in
15 causing, and proximately caused, injuries and damages to Plaintiff, resulting in
16 extensive medical treatment. The large drop in the concrete transition between the
17 bridge and the walkway, as well as the inadequate and insufficient lighting, were
18 dangerous and unsafe conditions and Defendants failed to give adequate warning of
19 these dangerous and unsafe conditions which exposed Plaintiff to an unreasonable
20 risk of injury and caused injuries to Plaintiff.
21
22
23
24
25
26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27
This page may be used with any Judicial Council form or any other paper filed with the court.
Page 7
Form Approved by the ADDITIONAL PAGE Gardner v. Venetian Park Apts., CRC 201, 501
Judicial Council of California
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper
Optional Form
Preview
PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Lance V. Friel 208151 The Friel Law Firm 1600 Sacramento Inn Way, Suite 206 Sacramento, CA 95815 Electronically Filed TELEPHONE NO.: (916) 565-8000 (916) FAX NO.(Optional): 565-1234 Superior Court of California E-MAIL ADDRESS (Optional):info@friellaw.com County of San Joaquin ATTORNEY FOR (Name):PLAINTIFF 2021-10-20 19:53:30 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN Clerk: Ruth Gunn STREET ADDRESS:180 East Weber Avenue MAILING ADDRESS: Stockton, CITY AND ZIP CODE: CA 95202 BRANCH NAME: Stockton Branch - Civil Dept. PLAINTIFF: CHRISHIQUE GARDNER DEFENDANT: VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI X DOES 1 TO 30 COMPLAINT-Personal Injury, Property Damage, Wrongful Death X AMENDED (Number): FIRST Type (check all that apply): MOTOR VEHICLE X OTHER (specify): Premises Liability Property Damage Wrongful Death X Personal Injury Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE STK-CV-UPI-2021-0008223 Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 X ACTION ISAN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION ISRECLASSIFIED by this amended complaint from limited tounlimited from unlimited to limited 1. Plaintiff (name or names): CHRISHIQUE GARDNER alleges causes of action against defendant (name or names): VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI 2. This pleading, including attachments and exhibits, consists of the following number of pages: Seven 3. Each plaintiff named above is a competent adult a. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): b. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death Gardner v. Venetian Park Apts., PLD-PI-001 SHORT TITLE: CASE NUMBER: GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223 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. X except defendant (name): c. except defendant (name): VENETIAN PARK APTS., LLC (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) X other (specify): (5) other (specify): LLC b. except defendant (name): d. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): 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. X Doe defendants (specify Doe numbers): 1-15 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. X Doe defendants (specify Doe numbers): 16-30 are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least 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. c. X injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. 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): PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death Gardner v. Venetian Park Apts., STK-CV-UPI-2021-0008223 MC-020 SHORT TITLE: CASE NUMBER: GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223 1 ATTACHMENT 11 2 3 Plaintiff has suffered medical expenses and general damages. 4 Additionally, Plaintiff suffered personal injuries all of which 5 said injuries have caused and continue to cause Plaintiff great 6 mental, physical and nervous pain and suffering. Plaintiff is 7 informed and believes, and upon that information and belief alleges 8 that Plaintiff's injuries will result in some permanent disability 9 to said Plaintiff, all to Plaintiff's general damages. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 4 Form Approved by the ADDITIONAL PAGE Gardner v. Venetian Park Apts., CRC 201, 501 Judicial Council of California MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper Optional Form PLD-PI-001(2) SHORT TITLE: CASE NUMBER: GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223 FIRST CAUSE OF ACTION- General Negligence Page 5 (number) ATTACHMENT TO X Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name) : CHRISHIQUE GARDNER alleges that defendant (name) : VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI X Does 1 to 30 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): September 2, 2019 at (place): VENETIAN PARK APTS., 1506 Mosaic Wy, County of San Joaquin, State of California. : (description of reasons for liability) At said time and place, the Defendants, and each of them, so negligently owned, managed, maintained and operated the premises at the Venetian Park Apartments in Stockton, CA and failed to maintain the premises in a reasonably safe condition. Defendants, and each of them, failed to inspect and maintain the bridges and walkways, as well as the lighting in the area of the bridges and walkways, within the apartment complex. The bridges traversed canals throughout the property and connected to concrete walkways. Defendants, and each of them, failed to use reasonable care in repairing said bridges and walkways and allowed the bridges and walkways to fall into a state of disrepair and to be unsafe and dangerous. In addition, Defendants, and each of them, failed to use reasonable care in repairing the lighting in the area of the bridges and walkways and allowed insufficient and inadequate lighting to exist within the area of the bridges and walkways making it almost impossible, at night, to see the dangerous and unsafe conditions that existed. On the night of the incident which is the subject of this Complaint, as Plaintiff walked down a bridge onto a walkway, she stepped into a large drop in the concrete transition between the bridge and the walkway causing a significant knee injury resulting in multiple reconstructive surgeries. Defendants' negligence and failure to inspect, discover, maintain and repair the bridges and walkways, as well as the failure to inspect, discover, maintain and repair the insufficient and inadequate lighting in the area of the bridges and walkways, were substantial factors in causing, and proximately caused, injuries and damages to Plaintiff, resulting in extensive medical treatment. The large drop in the concrete transition between the bridge and the walkway, as well as the inadequate and insufficient lighting, were dangerous and unsafe conditions and Defendants failed to give adequate warning of these dangerous and unsafe conditions which exposed Plaintiff to an unreasonable risk of injury and caused injuries to Plaintiff. Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007] Gardner v. Venetian Park Apts., PLD-PI-001(4) SHORT TITLE: CASE NUMBER: GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223 SECOND CAUSE OF ACTION - Premises Liability Page 6 (number) ATTACHMENT TO X Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): CHRISHIQUE GARDNER alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): September 2, 2019 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): At said time and place, the Defendants, and each of them, so negligently owned, managed, maintained and operated the premises at the Venetian Park Apartments in Stockton, CA and failed to maintain the premises in a reasonably safe condition. Defendants, and each of them, failed to inspect and maintain the bridges and walkways, as well as the lighting in the area of the bridges and walkways, within the apartment complex. The bridges traversed canals throughout the property and connected to concrete walkways. Defendants, and each of them, failed to use reasonable care in repairing said bridges and walkways and allowed the bridges and walkways to fall into a state of disrepair and to be Prem.L-2. X Count One-Negligence The defendants who negligentlyowned, maintained, managed and operated the described premises were (names): VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI X Does 1 to 30 Prem.L-3. 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 activitywere (names): Does to Plaintiff, a recreational user, was an invited guest a paying guest. Prem.L-4. Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): Does to a. The defendant public entity had actual constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. The condition was created by employees of the defendant public entity. Prem.L-5. a. X 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): VENETIAN PARK APTS., LLC, STEPHANIE NAZZISI X Does 1 to 30 b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are described in attachment Prem.L-5.b as follows (names): Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION - Premises Liability www.courtinfo.ca.gov PLD-PI-001(4) [Rev. January 1, 2007] Gardner v. Venetian Park Apts., MC-020 SHORT TITLE: CASE NUMBER: GARDNER v. VENETIAN PARK APTS., LLC, et al. STK-CV-UPI-2021-0008223 1 ATTACHMENT TO CAUSE OF ACTION - Premises Liability 2 Prem.L-1. 3 unsafe and dangerous. In addition, Defendants, and each of them, failed to use 4 reasonable care in repairing the lighting in the area of the bridges and walkways 5 and allowed insufficient and inadequate lighting to exist within the area of the 6 bridges and walkways making it almost impossible, at night, to see the dangerous and 7 unsafe conditions that existed. 8 On the night of the incident which is the subject of this Complaint, as Plaintiff 9 walked down a bridge onto a walkway, she stepped into a large drop in the concrete 10 transition between the bridge and the walkway causing a significant knee injury 11 resulting in multiple reconstructive surgeries. Defendants' negligence and failure 12 to inspect, discover, maintain and repair the bridges and walkways, as well as the 13 failure to inspect, discover, maintain and repair the insufficient and inadequate 14 lighting in the area of the bridges and walkways, were substantial factors in 15 causing, and proximately caused, injuries and damages to Plaintiff, resulting in 16 extensive medical treatment. The large drop in the concrete transition between the 17 bridge and the walkway, as well as the inadequate and insufficient lighting, were 18 dangerous and unsafe conditions and Defendants failed to give adequate warning of 19 these dangerous and unsafe conditions which exposed Plaintiff to an unreasonable 20 risk of injury and caused injuries to Plaintiff. 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 7 Form Approved by the ADDITIONAL PAGE Gardner v. Venetian Park Apts., CRC 201, 501 Judicial Council of California MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper Optional Form