(a) I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I I other (specify): (5) I I ovner (specify):

(1)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale t., jmber, and address):

_ALAN M. LASKIN, SBN 148858

BRADLEY A. SCHULTZ, SBN 242512

LAW OFFICES OF ALAN M. LASKIN

1810 S STREET

SACRAMENTO, CA 95811

TELEPHONE NO: 915 . 3 2 9 . 9 010 FAX NO. (Opiional): E-MAIL ADDRESS fOpf/bna/J: A L A S K I N O L A S K I N L A W . COM

AlTORNEY FOR Wame): MARCUS THOMPSON. BY & THROUGH HIS SUCCESSOR,

PLD-PI-001

9 1 6 . 4 4 2 . 0 4 4 4

KIM MERRITT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO

STREETADDRESS: 7 2 0 N I N T H STREET MAILINGADDRESS:

CITYANDZIPCODE: SACRAMENTO, CA 9 5 8 1 4

BRANCH NAME: GORDON D . SCHABER COURTHOUSE

PLAINTIFF: MARCUS THOMPSON, BY AND THROUGH H I S SUCCESSOR. I N I N T E R E S T , K I M M E R R I T T , A N I N D I V I D U A L

DEFENDANT: EMILY CHEN, i n d i v i d u a l l y and dba VILLA CAPRI APARTMENTS:; E/H FIRST FAMILY LIMITED PARTNERSHIP dba VILLA CAPRI APARTMENTS;, SCOTT THOMPSON, a NOMINAL DEFENDANT; and DOES 1 THROUGH 100, i n c l u s i v e . .

CX_1 DOES 1 TO 1 0 0 , I N C L U S I V E

COMPLAINT—Personal Injury, Property Damage, Wrongful Death r~l AMENDED (Number):

Type (check all that apply): r ~ l MOTOR VEHICLE

I I Property Damage I I Personal Injury

f x l OTHER (specify): WRONGFUL DEATH I I Wrongful Death

I X I Other Damages (specify): GENERAL

NEGLIGENCE; PREMISES LIABILITY

FOR COURT USE ONLY

. 5 Beps;l!3

li 1'

Department Assignments Case Management 44

Law and Motion 53 Minors Compromise 45

Jurisdiction (check all that apply):

ACTION IS A LIMITED CIVIL CASE

Amount demanded I I does not exceed $10,000

I I exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)

ACTION IS RECLASSIFIED by this amended complaint I j from limited to unlimited

r 1 from unlimited to limited

CASE NUMBER:

1.

2. 3.

Plaintiff fname ornames;.-MARCUS THOMPSON, BY AND THROUGH H I S SUCCESSOR I N I N T E R E S T , K I M M E R R I T T , A N I N D I V I D U A L

alleges causes of action against defendant fname or names/'EMILY CHEN, i n d i v i d u a l l y and dba V I L L A C A P R I

APARTMENTS; E/H FIRST FAMILY LIMITED PARTNERSHIP dba VILLA CAPRI APARTMENTS; SCOTT THOMPSON

This pleading, including attachments and exhibits, consists of the following number of pages: 6

Each plaintiff named above is a competent adult a. I I except plaintiff (name):

(1) I I a corporation qualified to do business in California

(2) I I an unincorporated entity (describe): (3) I I a public entity (describe):

(4) I I a minor I I an adult

(a) I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed

(b) I I other (specify): (5) I I oVner (specify): I I except plaintiff (name):

(1) I I a corporation qualified to do business in California an unincorporated entity (describe):

a public entity (describe): a minor I I an adult (2)

(3) (4)

(a) I I for whom a guardian or consen/ator ofthe estate or a guardian ad litem has been appointed

(b) I I other (specify): (5) I I other (specify):

I ] Information about additional plaintiffs who are not competent adults is shown in Attachment 3.

Pago 1 of 3 Form Approved for Optional Use

Judicial Council of California PLD-PI-001 (Rev. January 1. 2007}

COMPLAINT—Personal Injury, Property

Damage, Wrongful Death

Soluffms"

(2)

PLD-PI-001

SHORT TITLE: THOMPSON V . CHEN CASE NUMBER:

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): V I L L A C A P R I APARTMENTS

c. except defendant (name):

(1)

m

a business organization, form unknown (1)

•

n

a corporation (2)

_•

a corporation

(3)

_{L J}

an unincorporated entity (describe): (3) an unincorporated entity (describe):

(4)

•

a public entity (describe): (4) a public entity (describe):

(5)

L J

other (specify): (5)

n

other (specify):

b. C x ] except defendant (name): E / H F I R S T d. I I except defendant (name):

F A M I L Y L I M I T E D PARTNERSHIP

(1)

n

_{L J}

•

a corporation (2)

_•

a corporation

(3)

L J

•

an unincorporated entity (describe): (3) an unincorporated entity (describe):

(4)

L J

a public entity (describe): (4)

•

a public entity (describe):

(5)

Cx]

olher (specify): L I M I T E D PARTNERSHIP (5) other (specify):

I X I 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. I X I Doe defendants (specify Doe numbers): 1 THROUGH 50 were the agents or employees of other named defendants and acted within the scope of that agency or employment

b. I X I Doe defendants (specify Doe numbers): 5 1 THROUGH 1 0 0 are persons whose capacities are unknown to plaintiff.

7. I X I Defendants who are joined under Code of Civil Procedure section 382 are (names): SCOTT THOMPSON

8. This court is the proper court because

a. I I at least one defendant now resides in its jurisdictional area.

b. I X I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. I X I Injury to person or damage to personal property occurred in its jurisdictional area. , .

d. I I other (specify):

9. I I Plaintiff is required to comply with a claims statute, and a. I I has complied with applicable claims statutes, or

b. I I is excused from complying because (specify):

PLD-PI-001 [Rev. January 1,2007] _{COMPLAINT—Personal Injury, Property}

Damage, Wrongful Death

(3)

PLD-PI-001

SHORT TITLE: THOMPSON V . CHEN

CASE NUMBER:

10. The following causes of action are attached and the statements above apply to each (each coniplaint must have one or more causes of action attached):

a. I I MotorVehlcle b. I X I General Negligence

c. I I Intentional Tort

d. I I Products Liability e. I X I Premises Liability

f. C x ] Other ^spec/^J; WRONGFUL DEATH

11. Plaintiff has suffered a. I I wage loss

b. I I loss of use of property

c. I I hospital and medical expenses d. I I general damage

e. I I property damage f. I I loss of earning capacity

g. Cx] other damage (spec///;.- EMOTIONAL DISTRESS AND THE LOSS OF THE LOVE, COMFORT, AND

SOCIETY OF MARCUS THOMPSON.

12. I I The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. I I listed in Attachment 12.

b. I I 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) I X I compensatory damages

(2) I I punitive damages

The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):

(1) I X I according to proof (2) I I in the amount of: $ 0 . 0 0

15. I X I The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):

GENERAL NEGLIGENCE (1-4) ; PREMISES L I A B I L I T Y (1-3) (5)

Date: SEPTEMBER 30, 2011

ALAN M. LASKIN. SBN 148858

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

PLD-PI-001 [Rev. January 1, 2007]

COMPLAINT—Personal Inj^'ry, Property Damage, Wrongful Death

(4)

PLD-PI-001 (2)

SHORTTITLE: THOMPSON v . CHEN CASE NUMBER:

F I R S T

CAUSE OF ACTION—General Negligence

Page 4

(number)

ATTACHMENT TO C x ] Complaint CZ] Cross - Complaint ; !

(Use a sepamte cause of action form for each cause of action.)

GN-1. Plaintiff fname;: MARCUS THOMPSON, BY AND THROUGH HIS SUCCESSOR I N INTEREST, KIM

MERRITT, AN INDIVIDUAL

alleges that defendant Cname;: EMILY CHEN, i n d i v i d u a l l y a n d dba VILLA CAPRI

APARTMENTS; E/H FIRST FAMILY LIMITED PARTNERSHIP dba.VILLA CAPRI

APARTMENTS

C x ] Does 1_

to 1 0 0 . INCLUSIVE

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(cfafe;; JANUARY 1 4 , 2010

aX (place):

THE VILLA CAPRI APARTMENTS, LOCATED AT 3129 TRUSSEL WAY I N THE

CITY AND COUNTY OF SACRAMENTO, CALIFORNIA.

(description of reasons for liability):

DEFENDANTS, AND EACH OF THEM, NEGLIGENTLY FAILED TO PROTECT TENANTS AND VISITORS

FROM THE RISK OF INJURY DUE TO LOITERING AND FORSEABLE CRIMINAL CONDUCT.

DEFENDANTS WERE AWARE OF NUMEROUS PRIOR SIMILAR INCIDENTS AND FAILED TO TAKE

REASONABLE AND NECESSARY STEPS TO PROTECT PLAINTIFF MARCUS THOMPSON. PLAINTIFF

MARCUS THOMPSON WAS ON DEFENDANTS' PROPERTY WHEN HE WAS SHOT BY A PERSON WHO WAS

ALSO ON DEFENDANTS' PROPERTY.

AS DIRECT AND PROXIMATE RESULT OF DEFENDANTS'

MARCUS THOMPSON WAS FATALLY SHOT.

NEGLIGENT CONDUCT, PLAINTIFF

AS A FURTHER DIRECT AND PROXIMATE RESULT OF DEFENDANTS' NEGLIGENT CONDUCT,

PLAINTIFF KIM MERRITT HAS SUFFERED EMOTIONAL DISTRESS, AS WELL THE PECUNIARY

LOSS OF THE LOVE, COMFORT, AND SOCIETY OF HER SON, MARCUS THOMPSON, I N SUM AND

ACCORDING TO PROOF AT TRIAL.

Page 1 of 1 Form Approved for Optional Usa

Judicial Council of California

PLD-PI-001(2) [Rev. January 1,2007]

C A U S E O F ACTION—General Negligence

_SoluiaQns'

Legal

(5)

PLD-PI-001 (4)

SHORTTITLE: THOMPSON V . CHEN

CASENUMBER:

SECOND

C A U S E O F ACTION—Premises Liability

(number)

ATTACHMENT TO CxH Complaint • Cross-Complaint

(Use a sepamte cause of action fonv for each cause of action.)

Page 5_

Prem.L-1. Plaintiff Cname^:

MARCUS THOMPSON, BY AND THROUGH H I S SUCCESSOR I N INTEREST, K I M MERRITT

alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff:

On ^cfafe;: JANUARY 1 4 , 2010 plaintiff was injured on the following. premises in the following

lashion (description of premises and cimumstances of injury):

DEFENDANTS' LACK OF SECURITY ALLOWED MARCUS THOMPSON,^ A VISITOR, TO BE

FATALLY SHOT AND KILLED. PLAINTIFF WAS ON DEFENDANTS'; PROPERTY WHEN HE

WAS SHOT BY INDIVIDUALS WHO WERE BELIEVED TO BE SHOOTING FROM INSIDE A

CAR AT DEFENDANTS' PROPERTY. DEFENDANT WAS AWARE OF NUMEROUS PRIOR

SIMILAR INCIDENTS, YET FAILED TO TAKE THE REASONABLE AND NECESSARY

PRECAUTIONS TO PROTECT PLAINTIFF AND OTHERS SIMILARLY SITUATED.

Prem.L-2. I X I Count One-Negligence The defendants who negligently owned, maintained, managed and operated

the described premises were (names;: EMILY CHEN, i n d i v i d u a l l y a n d dba V I L L A

CAPRI APARTMENTS; E / H FIRST FAMILY L I M I T E D PARTNERSHIP dba V I L L A

CAPRI APARTMENTS

f x ] Does 1 to 100

Prem.L-3. I X I 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): EMILY CHEN, i n d i v i d u a l l y a n d dba V I L L A CAPRI APARTMENTS;

E / H FIRST FAMILY L I M I T E D PARTNERSHIP dba V I L L A CAPRI APARTMENTS

n n Does 1 to 100

Plaintiff, a recreational user, was I X I an invited guest I I a paying guest.

Prem.L-4. I I Count Three-Dangerous Condition of Public Property The defendants, who owned public property

on which a dangerous condition existed were (names):

I I Does

to

a. I I The defendant public entity had I I actual I I constructive notice of the existence of the

dangerous condition in sufficient time prior to the injury to have corrected it.

b. I I The condition was created by employees of the defendant public entity.

Prem.L-5. a. I..X.I 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):'

C x ] Does 1

to 100

b. I I The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are

• described in attachment Prem.L-5.b I I as follows (names):

Pago 1 of 1 Form Approved for Optional Use

Judicial Council of Califomia

PLD-PI-001(4) (Rev. January 1.2007)

C A U S E O F ACTION—Premises Liability

Code of Civil Procedure, § 425.12

•ns-[us

(6)

PETITIONER/PLAINTIFF: MARCUS THOMPSON, BY AND THROUGH H I S SUCCESSOR

RESPONDENT/DEFENDANT: EMILY CHEN, i n d i v . & dba VILLA CAPRI APARTMENTS, ET AL.