KMBT C754-20130603094525

1 23. There was a manufacturing defect in the fruit mix when it left Defendants' possession

2 and control. The fruit mix was defective because it contained HA V. The presence of HAV was a

3 condition of the product that rendered it unreasonably dangerous.

4 24. There was a marketing defect in the fruit mix when it left Defendants' possession and

5 control. The fruit mix was defective because it contained HA V and Defendants failed to give adequate

6 warnings of the product's dangers that were known or by the application of reasonably developed

7 human skill and foresight should have been known. Defendants also failed to give adequate warnings

8 and instructions to avoid such dangers. Defendants' failure to provide such warnings and instructions

9 rendered the fruit mix unreasonably dangerous.

10 25. Defendants' conduct was a direct, proximate, and producing cause of Plaintiff's injuries

11 and damages set forth below.

12 26. Defendants are therefore strictly liable for importing, manufacturing, distributing,

13 marketing, and selling defective and unreasonably dangerous fruit mix and introducing it into the

14 stream of commerce.

15

16

17

18

27.

28.

SECOND CAUSE OF ACTION

(Negligence)

Plaintiff hereby incorporates paragraphs 1 through 26 above.

Defendants owed Plaintiff a duty of ordinary care in the manufacture, preparation,

19 testing, packaging, marketing, distribution, and selling of the fruit mix in question. Further,

20 Defendants owed Plaintiff the duty of warning or instructing Plaintiff of potentially hazardous or life-

21 threatening conditions with respect to the fruit mix.

22

23

24

25

26

27

28

29. Defendants breached their duties in one or more of at least the following ways:

a.

b.

c.

d.

negligently importing, manufacturing, distributing, and marketing the fruit mix;

failing to properly test the fruit mix before placing it into the stream of

commerce;

failing to prevent human and/or animal feces from coming into contact with the

fruit mix;

failing to adequately monitor the safety and sanitary conditions of their

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COMPLAINT FOR DAMAGES

1

2

3

4

5

6

7

8

9

10

11

12

13

14 30.

e.

f.

g.

h.

1.

J.

premises;

failing to apply their own policies and procedures to ensure the safety and

sanitary conditions of their premises;

failing to adopt and/or follow FDA recommended good manufacturing practices;

failing to take reasonable measures to prevent the transmission of HA V and

related filth and adulteration from their premises;

failing to properly train and supervise their employees and agents to prevent the

transmission of HA V and related filth and adulteration from their premises;

failing to warn Plaintiff and the general public of the dangerous propensities of

the fruit mix, particularly that it was contaminated with HA V, despite knowing

or having reason to know of such dangers; and

failing to timely disclose post-sale information concernmg the dangers

associated with the fruit mix.

Defendants' conduct was a direct, proximate, and producing cause of Plaintiffs injuries


16 31. All dangers associated with the contaminated fruit mix were reasonably foreseeable

17 and/or scientifically discoverable by Defendants at the time Defendants placed the fruit mix into the

18 stream of commerce.

19

20

21

22

32.

33.

THiRD CAUSE OF ACTION

(Breach of Implied Warranties)

Plaintiffhereby incorporates paragraphs 1 through 31 above.

Defendants are merchants who manufacture, import, distribute, and market fruit mix.

23 Plaintiff is a consumer.

24 34. Defendants breached the implied warranty of merchantability by impliedly warranting

25 that their fruit mix was of merchantable quality and fit for human consumption when it was not due to

26 the presence of HA V. Plaintiff reasonably relied upon Defendants' skill and judgment as to whether

27 the fruit mix was of merchantable quality and fit for human consumption.

28 35. Defendants breached the implied warranty of fitness for a particular purpose, by holding

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1 out unreasonably dangerous fruit mix (i.e. fruit mix containing HA V) to the public as being safe when

2 they knew or had reason to know that the fruit mix was not safe and that the public would conswne the

3 fruit mix.

4

5

36.

37.

Defendants did not disclaim these implied warranties.

Defendants' conduct was a direct, proximate, and producing cause of Plaintiff's injuries


7

8

9

38.

39.

DAMAGES

Plaintiff hereby incorporates paragraphs 1 through 3 7 above.

Defendants' conduct was a direct, proximate, and producing cause of Plaintiffs injuries

10 and damages, including but not limited to damages in the past and future for the following: pain and

11 suffering, mental anguish, physical impairment, physical disfigurement, loss of enjoyment of life,

12 medical and pharmaceutical expenses, travel and travel-related expenses, emotional distress, lost

13 wages, lost earning capacity, loss of consortium, and other general, special, ordinary, incidental and

14 consequential damages as would be anticipated to arise under the circumstances.

15

16

17

18

19

40. WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

a. Past and future economic and non-economic damages;

b. Court costs;

c. Pre- and post-judgment interest at the highest rate allowed by law; and

d. For such other general and special relief as the Court deems just and proper.

20 JURY DEMAND

21 Plaintiff demands a jury trial for all triable claims.

22 Dated: June 3, 2013

23

24

25

26

27

28

ON & LUKE, L.L.P. Ron Simon (Pending Pro Hac Vice)

Attorneys for Plaintiff

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CASE NUMBER SHORT TITlE:

Lynda Brackenridge v. Townsend Farms Corporation. et al.

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

{CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This form is required pursuantto Local Rule 2.0 in all new civil case .filings in the Los Angeles Superior Court

Item L Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURY TRIAL? I:8J YES CLASS ACTION? 0 YES LIMITED CASE? 0 YES TIME ESTIMATED FOR TRIAL 8 0 HOURS/ ['8l DAYS

Item II. Indicate the correct district and courthouse location {4 steps -If you checked ''Limited Case", skip to Item Ill, Pg. 4):

Step 1 : After first completing the Civil Case Cover Sheet form. find the main Civil Case Cover Sheet heading for your

case in the left margin below, and, to the right in Column A. the Civil Case Cover Sheet case type you selected.

Step 2: Check Q.!!.! Superior Court type· of action in Column B below which best describes the nature of this case.

Step 3: In Column C. circle the reason for the court location choice that applies to the type of action you have checked. For any exc.eption to.the;court location, see Local Rule 2.0.

Applicable Rea~ons for Choosing Courthouse Location (see C~lumn C be·iow)

1. Class actions must be filed in the Stan(ey Mosk Courthouse, central district. 2. May be filed in central (other county, at no bodily injuty/ptoperty damage).

6 . Location of property or permanently garaged vehicle. 7. Location where petiti·oner resides.

3. Location where cause of action arose. . . . . . . 4. Location where bodily injury, death or damage Ciccurred·.

8. Location wherein defendantlres·pondent. runctions wholly. 9. Location where one or.nrore of the parties reside.

5. Location wflere performance required or defendant: resides. 10. Location of Labor Commissioner Offtce . . . . . ; . ·. . ~ .. : ~ : '

Step 4: Fill in tt1e' inforirtation' r~qu€f~t~d ®-p:age.·4 in lt~m Ill; cornpl~te ltem'·lv . Sig~ ttle declaratiort

,.., Civil case cover Stiee~ .

CateQ;q',Y No; . .

Auto (22)

Uninsure·ciMotorist (46)

Asbestos (04)

Product Liability (24)

Medical Malpractice (45)

Other Personal Injury

Property Damage Wrongful Death

(23)

LACIV 109 (Rev. 03/11)

LASC Approved 03·04

· ..... . :,:·,

1.: ... •.

e·, .. TYP~:or@i<ln ·.

. Ctli#:~lll¥ One}

0 A6070 Asbestos Property Damage

0 A7221 Asbestos. PersonallnjuryMtrongfiJI Death

I:8J A7260 Product Liabil~y (not asbestos or toxic/environmental)

0 A7210 Medical Malpractice. Physicians & Surgeons

0 A7240 Other Professional Health Care Malpractice

0 A7250 Premises Liability (e.g., slip and fall)

0 A7230 Intentional Bodily Injury/Property DamageMirongful Death (e.g ..

assault, vandalism, etc.)

0 A7270 Intentional Infliction of emotiOnal Distress

181 A7220 Other Personal Injury/Property oamageMtrcngful Death


. c . ·Applicable Reasoi!!l •

.. s~ Step.3'l\b<i'le .

2.

2.

1., 2. , 3., 4., B.

1., 4.

1., 4 .

1 .. 4.

1., 4.

1 ., 3 .

1 .. 4.

SHORT TITLE: CASE NUMBER

Lynda Brackenridge v. Townsend Farms Corporation, et al.

A B Crvil Case Cover Sheet Type of Act1on

category No (Check only one)

Business Tort (07) 0A6029 Other Commercial/Business Tort (not fraud/breach of contract)

~1:: Civil Rights (08) 0A6005 CD 0 Civil Rights/Discrimination o..t-

o.c:: '-1ii

0A6010 o..CD Defamation (13) Defamation (slander/libeQ ~~ ::J ~ ---- Fraud (16) 0A6013 C::Q Fraud (no contract) -c:: 'iii2 5;:

0A6017 Legal Malpractice ~C& Professional Negligence (25) CDm 0A6050 O..cu Other Professional Malpractice (not medical or legal) c E

0 Ill zc Other (35) 0A6025 Other Non-Personal Injury/Property Damage tort

... Wrongful Termination (36) 0A6037 Wrongful Termination c::

CD E ~ 0A6024 Other Employment Complaint Case Q. Other Employment (15) E 0A6109 Labor Commissioner Appeals w

0A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction)

Breach of Contract/ Warranty 0A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence) (06)

(not insurance) 0A6019 Negligent Breach of Contract/Warranty (no fraud)

0A6028 Other Breach of Contract/Warranty (not fraud or negligence)

u 0A6002 Collections Case-Seller Plaintiff I!

1: Collections (09) 0A6012 0 Other Promissory Note/Collections Case

0

Insurance Coverage (18) 0A6015 Insurance Coverage (not complex)

0A6009 Contractual Fraud

Other Contract (37) 0A6031 Tortious Interference

0A6027 Other Contract Dispute( not breach/insurance/fraud/negligence)

Eminent Domain/Inverse 0A7300 Eminent Domain/Condemnation Number of parcels __ Condemnation (14)

~ Wrongful Eviction (33) 0A6023 Wrongful Eviction Case CD Cl. 0 ....

0A6018 a.. Mortgage Foreclosure Cii CD 0:: Other Real Property (26) 0A6032 Quiet Title

0A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)

Unlawful Detainer-Commercial 0A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) .... (31) CD c::

~ Unlawful Detainer-Residential c (32)

i Unlawful Detainer-Post-Foreclosure (34)

c ~ Unlawful Detainer-Drugs (38)

LACIV 109 (Rev. 03/11)

LASC Approved 03-04

0A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)

0 A6020F Unlawful Detainer-Post-Foreclosure

0A6022 Unlawful Detainer-Drugs


c Apphcable Reasons -

See Step 3 Above

1., 3.

1., 2., 3.

1., 2., 3.

1., 2., 3.

1., 2. , 3.

1., 2., 3.

2., 3.

1., 2. , 3.

1., 2., 3.

10.

2., 5.

2., 5.

1., 2., 5.

1., 2., 5.

2., 5., 6.

2., 5.

1., 2., 5., 8.

1., 2., 3., 5.

1., 2., 3., 5.

1., 2. , 3., 8.

2.

2., 6.

2., 6.

2., 6.

2. , 6.

2., 6.

2., 6.

2., 6.

2., 6.

SHORT TITLE: CASE NUMBER

Sadeghi v. Dunn, et al.

A 8 CMI Case Cover Sheet Type of Action

Category No (Check only one)

Asset Forfeiture (05) 0A6108 Asset Forfeiture Case

Petition re Arbitration (11) 0A6115 Petition to CompeVConfirmNacate Arbitration

0A6151 Writ -Administrative Mandamus

Writ of Mandate (02) 0A6152 Writ- Mandamus on Limited Court Case Matter

0A6153 Writ - Other Limited Court Case Review

Other Judicial Review (39) 0A6150 Other Writ/Judicial Review

AntitrusVTrade Regulation (03) 0A6003 AntitrusVTrade Regulation

.... _ c: c: CD CD E E CDCJ ~~ 0;:::, _..., c:w 0

ct).f! ;:::, c o1i cue a. ca E =o 80 :i~

0

Construction Defect (1 0)

Claims Involving Mass Tort (40)

Securities Litigation (28)

Toxic Tort Environmental (30)

Insurance Coverage Claims from Complex Case (41)

Enforcement of Judgment (20)

RICO (27)

Other Complaints (Not Specified Above) (42)

Partnership Corporation Governance (21)

Other Petitions (Not Specified Above)

(43)

LAC IV 1 09 (Rev. 03/11)

LASC Approved 03-04

0A6007 Construction Defect

0A6006 Claims Involving Mass Tort

0A6035 Securities Litigation Case

0A6036 Toxic Tort/Environmental

0A6014 Insurance Coverage/Subrogation (complex case only)

0A6141 Sister State Judgment

0A6160 Abstract of Judgment

0A6107 Confession of Judgment (non-domestic relations)

0A6140 Administrative Agency Award (not unpaid taxes)

0A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax

0A6112 Other Enforcement of Judgment case

0A6033 Racketeering (RICO) Case

0A6030 Declaratory Relief Only

0A6040 Injunctive Relief Only (not domestic/harassment)

0A6011 Other Commercial Complaint Case (non-tort/non-complex)

0A6000 Other Civil Complaint (non-tort/non-complex)

0A6113 Partnership and Corporate Governance Case

0A6121 Civil Harassment

0A6123 Worl<place Harassment

0A6124 Elder/Dependent Adult Abuse Case

0A6190 Election Contest

0A6110 Petition for Change of Name

0A6170 Petition for Relief from Late Claim Law

0 A61 00 Other Civil Petition


c Applicable Reasons •

See Step 3 Above

2., 6.

2., 5.

2., 8.

2.

2.

2.,8.

1., 2. , 8.

1., 2., 3.

1., 2., 8.

1., 2., 8.

1., 2., 3., 8.

1 .. 2., 5., 8.

2., 9.

2.,6.

2., 9.

2., 8.

2., 8.

2., 8., 9.

1. , 2., 8.

1., 2., 8.

2., 8.

1., 2., 8.

1., 2., 8.

2., 8.

2., 3., 9.

2., 3., 9.

2., 3. , 9.

2.

2., 7.

2., 3., 4., 8.

2., 9.

Local Rule 2.0 Page 3 of4

Allltricau LogaiNet, ID<.. ~ WWW FormsWpfkflow com v~J

SHORT TITLE: CASENUMSER

Lynda Brackenridge v. Townsend Farms Corporation, et al.

Item Ill. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.

ADDRESS:

REASON: Check the appropriate boxes for the numbers shown 818 W. Seventh Street, Los Angeles, CA 90017 under Column C for the type of action that you have selected for this cue.

[]1 . []2.~3. ~4. []5.[]6. []7.[]8.[]9.[]10.

CITY: STATE: ZIP CODE:

Los Angeles CA 90017

Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true

and correct and that the above-entitled matter is property filed for assignment to the Stanley Mosk Court House courthouse in the

Central District of the Superior Court of California, County of Los Angeles [Code Civ. Proc. , § 392 et seq., and Local

Rule 2.0, subcls. (b), (c) and (d)].

Dated: June 3, 2013

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.

3. Civil Case Cover Sheet, Judicial Council form CM-01 0.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/11).

5. Payment in full of the filing fee, unless fees have been waived.

6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-01 0, if the plaintiff or petitioner is a minor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case.

LACIV 109 (Rev. 03111)

LASC Approved 03-04 CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION

KMBT C754-20130603094525

Documents

Transcript of KMBT C754-20130603094525