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M. Alieu Iscandari, Esq. (SBN 184307)
1
ISCANDARI & ASSOCIATES
2 333 Hegenberger Rd. Suite 503
Oakland, CA 94621.
3 Telephone: (510) 606-9062
Facsimile: (818) 666-3855
4 support@izcanlaw.com
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Attorney for Plaintiff: Ana Alvarez Et al
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7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF ALAMEDA
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ANA ALVAREZ; YADISA SABEDRA, CASE NO:
11 Individuals.
12 COMPLAINT FILED:
Plaintiffs,
13 vs. PLAINTIFF’S COMPLAINT FOR DAMAGES
14 1. NEGLIGENCE
15 WESTLAKE VILLAGE APARTMENTS and 2. NEGLIGENT MAINTENANCE OF
DOES 1 through 10, inclusive, PREMISES [Civ. Code §§ 1941.1; 1714(a);
16 3333;
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3. BREACH OF WARRANTY OF
Defendants. HABITABILITY;
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19
20 DEMAND FOR JURY TRIAL.
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23 Plaintiffs, ANA ALVAREZ; YADISA SABEDRA, hereby alleges the cause of action,
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Negligence, against the Defendant herein and each of them as follows:
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PARTIES
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1. Plaintiffs, ANA ALVAREZ; YADISA SABEDRA (herein after referred to as “Plaintiffs”) are
27 residents of the State of California.
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COMPLAINT FOR DAMAGES - 1
2. Plaintiffs is informed and believes, and on that basis alleges that Defendant, WESTLAKE VILLAGE
1
2 APARTMENTS, (herein after referred to as “Defendant”) is, and at all relevant times mentioned
3 herein has been, a corporation organized and existing under the laws of the State of California.
4 Defendant is authorized by law to maintain properties and its surrounding premises located at 75
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Poncetta Dr., Daly City, CA 94015 (herein after referred to as “Subject Property”). Defendant
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assumes the risk incidental to maintaining the Subject Property and its immediately surrounding parts.
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3. Plaintiffs are ignorant of the true names and/or capacities of the Defendants sued herein under the
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fictitious names of DOES 1 through 10, inclusive, and therefore sues said defendants under such
9
10 fictitious names. Plaintiff is informed and believes that each of the DOE Defendants was responsible
11 in some manner for the occurrences and injuries alleged in this complaint. Plaintiffs will seek leave
12 of this court to amend this complaint if and when Plaintiffs determines the true names and/or
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capacities of the Defendants sued herein as DOE Defendants.
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4. At all times mentioned herein, each and every Defendant was the agent or employee of each and every
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other Defendant and in doing the things alleged in the causes of action into which this paragraph is
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incorporated by reference, each and every Defendant was acting with the consent, permission, and
18 authorization of each of the remaining Defendants.
19 5. All actions of each Defendant alleged in the causes of action into which this paragraph is incorporated
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by reference were ratified and approved by officers and managing agents of every other Defendant.
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22
FACTUAL ALLEGATIONS
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6. On or about December 6, 2023, at approximately 10:00 a.m. Plaintiff, Ana Alvarez slipped and fell
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25 from the flood in her apartment as a result of plumbing issue left unfixed, thereby causing the sink to
26 overflow and flood the entire apartment. When she fell and slipped injuring her wrist and back hip.
27 She had to be taken in an ambulance and had a surgery for her broken wrist.
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COMPLAINT FOR DAMAGES - 2
7. The kitchen sink overflowed and flooded the kitchen and the living room, the Plaintiffs reported the
1
2 incident to the Defendants for two days and Defendant refused to repair the plumbing issue or clean
3 up the flood.
4 8. Upon slipping in the kitchen, Plaintiff, Ana Alvarez inadvertently fell, severely injuring her person.
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9. Due to the extent of the fall, Plaintiff suffered injuries to her wrist and back hip.
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10. Plaintiff was rushed to the emergency in an ambulance on the day of the fall, and since she continues
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to suffer personal injuries as a result.
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10 FIRST CAUSE OF ACTION
Negligence
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11. Plaintiff hereby incorporates herein by reference paragraph 1 through 10, from above as though fully
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set forth hereto.
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14 12. On the date and at that time and place, Defendant and each of them, so negligently, carelessly,
15 recklessly, and/or unlawfully entrusted, the Defendants to manage and maintain the Subject
16 Property, also as to proximately cause it to be exposed to Plaintiffs and to proximately cause and
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hereinafter described injuries and damages to Plaintiffs.
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13. On the said date and at the time and place, Defendant, so negligently, carelessly, recklessly, and/or
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unlawfully managed, maintain, adequately warn, or provide reasonable precautionary measures
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within the said Subject Property owned by Defendant, so as to avoid the injuries suffered by
22 Plaintiff.
23 14. As a proximate result of this negligence, carelessness, recklessness, and/or unlawfulness of
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Defendants and the resulting fall, as previously alleged, Plaintiff was injured in her health, strength,
25
and activity, sustaining injuries to her body, shock to her nervous system and persons, thus
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sustaining the following personal injuries, among others: broken wrist and back hip, all of which
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COMPLAINT FOR DAMAGES - 3
injuries have caused and continue to cause Plaintiff great physical, mental, and nervous pain and
1
2 suffering.
3 15. Plaintiffs, damages are;
4 (a) Expenses for medical treatment and hospitalization
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(b) Permanent injuries to the affected body parts.
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SECOND CAUSE OF ACTION
8 Negligent Maintenance of Premises
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16. Plaintiffs hereby re-allege and incorporate by reference every allegation contained in the proceeding
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Paragraphs of this complaint as through set forth herein.
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17. Under the provisions of Civil Code Section 1941, Defendant were required to put the premises in a
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condition fit for human occupation before renting it and repair all subsequent dilapidations, other than
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14 those caused by the tenant’s want of ordinary care that rendered the premises untenantable.
15 18. At the time, Defendants rented the premises to Plaintiff, Defendants so negligently owned and
16 maintained the premises as to cause them to be unfit for human occupation in that they violated Health
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and Safety Code Section 17920.3, the premises substantially failed to comply with those applicable
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Building and Housing Code Standards that materially affect the health and safety of the tenants.
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19. Specifically, as a proximate result of Defendants negligence as alleged above, the premises at the time
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Plaintiff took possession, were uninhabitable and unfit for human occupation in that, among other
22 things were infested with plumbing issues and infestation with other airborne toxins. None of these
23 conditions were known to Plaintiffs at the time Plaintiffs moved into the premises.
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20. Plaintiff repeatedly notified management, of the defects and dangerous conditions described in this
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complaint and requested that Defendants have them repaired, but Defendants, WESTLAKE
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VILLAGE APARTMENTS failed and refused to repair any of the defects, or to have them repaired
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within a reasonable time, or at all.
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COMPLAINT FOR DAMAGES - 4
21. As a proximate result of Defendants’ breach of their implied warranty of habitability and their failure
1
2 to repair the defective and dangerous conditions or to have them repaired within a reasonable time, or
3 at all, Plaintiff sustained general damages which sum shall be proven at trial.
4 22. DEFENDANTS' conduct in breaching the covenant of quiet enjoyment has been negligent,
5
malicious, and oppressive, thereby entitling Plaintiff to general damages in an amount to be
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determined at trial.
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23. As a direct and proximate result of DEFENDANTS' conduct, Plaintiff have suffered,
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and will continue to suffer, illness, mental stress, emotional distress, discomfort, annoyance, anxiety,
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10 loss in the value of her leasehold, property damage, all to Tenant-Plaintiff damage in an amount to
11 be determined at trial, but which amount is within the jurisdiction of this court.
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PRAYER FOR RELIEF
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WHEREFORE, Plaintiff respectfully request the following relief;
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1. Special damages including medical expenses and loss of both past and future earnings in an
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amount to be shown according to proof at the time of the trial.
18 2. General damages in an amount to be shown according to proof at the time of trial.
19 3. For such other and further relief as the court deems just and proper; and
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4. Cost of suit and incurred herein.
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22
ISCANDARI & ASSOCIATES
Dated: May 3, 2024
23
BY:
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Alieu Iscandari, Esq.
25 Attorney for Plaintiff, Ana Alvarez Et al
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COMPLAINT FOR DAMAGES - 5
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M. Alieu Iscandari, Esq. (SBN 184307) 1 ISCANDARI & ASSOCIATES 2 333 Hegenberger Rd. Suite 503 Oakland, CA 94621. 3 Telephone: (510) 606-9062 Facsimile: (818) 666-3855 4 support@izcanlaw.com 5 Attorney for Plaintiff: Ana Alvarez Et al 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF ALAMEDA 9 10 ANA ALVAREZ; YADISA SABEDRA, CASE NO: 11 Individuals. 12 COMPLAINT FILED: Plaintiffs, 13 vs. PLAINTIFF’S COMPLAINT FOR DAMAGES 14 1. NEGLIGENCE 15 WESTLAKE VILLAGE APARTMENTS and 2. NEGLIGENT MAINTENANCE OF DOES 1 through 10, inclusive, PREMISES [Civ. Code §§ 1941.1; 1714(a); 16 3333; 17 3. BREACH OF WARRANTY OF Defendants. HABITABILITY; 18 19 20 DEMAND FOR JURY TRIAL. 21 22 23 Plaintiffs, ANA ALVAREZ; YADISA SABEDRA, hereby alleges the cause of action, 24 Negligence, against the Defendant herein and each of them as follows: 25 PARTIES 26 1. Plaintiffs, ANA ALVAREZ; YADISA SABEDRA (herein after referred to as “Plaintiffs”) are 27 residents of the State of California. 28 COMPLAINT FOR DAMAGES - 1 2. Plaintiffs is informed and believes, and on that basis alleges that Defendant, WESTLAKE VILLAGE 1 2 APARTMENTS, (herein after referred to as “Defendant”) is, and at all relevant times mentioned 3 herein has been, a corporation organized and existing under the laws of the State of California. 4 Defendant is authorized by law to maintain properties and its surrounding premises located at 75 5 Poncetta Dr., Daly City, CA 94015 (herein after referred to as “Subject Property”). Defendant 6 assumes the risk incidental to maintaining the Subject Property and its immediately surrounding parts. 7 3. Plaintiffs are ignorant of the true names and/or capacities of the Defendants sued herein under the 8 fictitious names of DOES 1 through 10, inclusive, and therefore sues said defendants under such 9 10 fictitious names. Plaintiff is informed and believes that each of the DOE Defendants was responsible 11 in some manner for the occurrences and injuries alleged in this complaint. Plaintiffs will seek leave 12 of this court to amend this complaint if and when Plaintiffs determines the true names and/or 13 capacities of the Defendants sued herein as DOE Defendants. 14 4. At all times mentioned herein, each and every Defendant was the agent or employee of each and every 15 other Defendant and in doing the things alleged in the causes of action into which this paragraph is 16 17 incorporated by reference, each and every Defendant was acting with the consent, permission, and 18 authorization of each of the remaining Defendants. 19 5. All actions of each Defendant alleged in the causes of action into which this paragraph is incorporated 20 by reference were ratified and approved by officers and managing agents of every other Defendant. 21 22 FACTUAL ALLEGATIONS 23 6. On or about December 6, 2023, at approximately 10:00 a.m. Plaintiff, Ana Alvarez slipped and fell 24 25 from the flood in her apartment as a result of plumbing issue left unfixed, thereby causing the sink to 26 overflow and flood the entire apartment. When she fell and slipped injuring her wrist and back hip. 27 She had to be taken in an ambulance and had a surgery for her broken wrist. 28 COMPLAINT FOR DAMAGES - 2 7. The kitchen sink overflowed and flooded the kitchen and the living room, the Plaintiffs reported the 1 2 incident to the Defendants for two days and Defendant refused to repair the plumbing issue or clean 3 up the flood. 4 8. Upon slipping in the kitchen, Plaintiff, Ana Alvarez inadvertently fell, severely injuring her person. 5 9. Due to the extent of the fall, Plaintiff suffered injuries to her wrist and back hip. 6 10. Plaintiff was rushed to the emergency in an ambulance on the day of the fall, and since she continues 7 to suffer personal injuries as a result. 8 9 10 FIRST CAUSE OF ACTION Negligence 11 11. Plaintiff hereby incorporates herein by reference paragraph 1 through 10, from above as though fully 12 set forth hereto. 13 14 12. On the date and at that time and place, Defendant and each of them, so negligently, carelessly, 15 recklessly, and/or unlawfully entrusted, the Defendants to manage and maintain the Subject 16 Property, also as to proximately cause it to be exposed to Plaintiffs and to proximately cause and 17 hereinafter described injuries and damages to Plaintiffs. 18 13. On the said date and at the time and place, Defendant, so negligently, carelessly, recklessly, and/or 19 unlawfully managed, maintain, adequately warn, or provide reasonable precautionary measures 20 21 within the said Subject Property owned by Defendant, so as to avoid the injuries suffered by 22 Plaintiff. 23 14. As a proximate result of this negligence, carelessness, recklessness, and/or unlawfulness of 24 Defendants and the resulting fall, as previously alleged, Plaintiff was injured in her health, strength, 25 and activity, sustaining injuries to her body, shock to her nervous system and persons, thus 26 sustaining the following personal injuries, among others: broken wrist and back hip, all of which 27 28 COMPLAINT FOR DAMAGES - 3 injuries have caused and continue to cause Plaintiff great physical, mental, and nervous pain and 1 2 suffering. 3 15. Plaintiffs, damages are; 4 (a) Expenses for medical treatment and hospitalization 5 (b) Permanent injuries to the affected body parts. 6 7 SECOND CAUSE OF ACTION 8 Negligent Maintenance of Premises 9 16. Plaintiffs hereby re-allege and incorporate by reference every allegation contained in the proceeding 10 Paragraphs of this complaint as through set forth herein. 11 17. Under the provisions of Civil Code Section 1941, Defendant were required to put the premises in a 12 condition fit for human occupation before renting it and repair all subsequent dilapidations, other than 13 14 those caused by the tenant’s want of ordinary care that rendered the premises untenantable. 15 18. At the time, Defendants rented the premises to Plaintiff, Defendants so negligently owned and 16 maintained the premises as to cause them to be unfit for human occupation in that they violated Health 17 and Safety Code Section 17920.3, the premises substantially failed to comply with those applicable 18 Building and Housing Code Standards that materially affect the health and safety of the tenants. 19 19. Specifically, as a proximate result of Defendants negligence as alleged above, the premises at the time 20 21 Plaintiff took possession, were uninhabitable and unfit for human occupation in that, among other 22 things were infested with plumbing issues and infestation with other airborne toxins. None of these 23 conditions were known to Plaintiffs at the time Plaintiffs moved into the premises. 24 20. Plaintiff repeatedly notified management, of the defects and dangerous conditions described in this 25 complaint and requested that Defendants have them repaired, but Defendants, WESTLAKE 26 VILLAGE APARTMENTS failed and refused to repair any of the defects, or to have them repaired 27 within a reasonable time, or at all. 28 COMPLAINT FOR DAMAGES - 4 21. As a proximate result of Defendants’ breach of their implied warranty of habitability and their failure 1 2 to repair the defective and dangerous conditions or to have them repaired within a reasonable time, or 3 at all, Plaintiff sustained general damages which sum shall be proven at trial. 4 22. DEFENDANTS' conduct in breaching the covenant of quiet enjoyment has been negligent, 5 malicious, and oppressive, thereby entitling Plaintiff to general damages in an amount to be 6 determined at trial. 7 23. As a direct and proximate result of DEFENDANTS' conduct, Plaintiff have suffered, 8 and will continue to suffer, illness, mental stress, emotional distress, discomfort, annoyance, anxiety, 9 10 loss in the value of her leasehold, property damage, all to Tenant-Plaintiff damage in an amount to 11 be determined at trial, but which amount is within the jurisdiction of this court. 12 13 PRAYER FOR RELIEF 14 WHEREFORE, Plaintiff respectfully request the following relief; 15 1. Special damages including medical expenses and loss of both past and future earnings in an 16 17 amount to be shown according to proof at the time of the trial. 18 2. General damages in an amount to be shown according to proof at the time of trial. 19 3. For such other and further relief as the court deems just and proper; and 20 4. Cost of suit and incurred herein. 21 22 ISCANDARI & ASSOCIATES Dated: May 3, 2024 23 BY: 24 Alieu Iscandari, Esq. 25 Attorney for Plaintiff, Ana Alvarez Et al 26 27 28 COMPLAINT FOR DAMAGES - 5