Professional Documents
Culture Documents
S/B# 128008
GARY A. DORDICK, A LAW CORPORATION
509 South Beverly Drive
Beverly Hills, California 90212
TELEPHONE NO.: 310-551-0949
fa x n o .:
855-299-4444
CONFO RM ED COPY
ORIGINAL FILED
SuSrtor Court OlCaWpmm
fcountv o<Los Anortes
Y E L C H IN ,
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FCA
US
LLC,
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e t
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B C i_ 2 J _ f lL g 4
(Amount
(Amount
Filed with first appearance by defendant
demanded
demanded is
(C al. Rules of Court, rule 3.402)
exceeds $25.000) $25.000 o r less)
DEPT:
items 7-o oeiow must oe completed (see instructions on p a o e 2 i _
------------------------------1. Check one box below for the case type that best describes this case:
'
---------Contract
A uto T ort
P rovlslon alhr C o m p lex C iv il L itig a tio n
Auto (22)
O ther collections (0 9 )
Insurance coverage (1 8 )
R e a l P roperty
I Asbestos (04)
Product liability (24)
I W rongful eviction (3 3 )
. I Construction defect (1 0 )
I M ass tort (4 0 )
E nforcem ent o f Ju d g m en t
U nlaw fu l D etain er
I Fraud (16)
I Residential (32)
( Z D R IC O (27)
I Drugs (38)
J u d ic ia l R eview
M iscellan eo u s C iv il P e titio n
E m ploym ent
___________
This case
I
I is
I X I is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. I
I Large number of separately represented parties d. I
I Large number of witnesses
b. I
I Extensive motion practice raising difficult or novel e. I
I Coordination with related actions pending in one or more courts
___ issues that will be time-consuming to resolve
____ in other counties, states, or countries, or in a federal court
c. I
I Substantial amount of documentary evidence
f. ( _ J Substantial postjudgment judicial supervision
Remedies sought (check all that apply): a. I X I monetary b. I X I nonmonetary; declaratory or injunctive relief c. I X I punitive
4. Number of causes of action (specify):
5. This case
I is
I X I is not
4
a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You
Date: August 2, 2016
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or W elfare and Institutions Code}. (C al. Rules of Court, rule 3 .220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
If this case is complex under rule 3.400 e t seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. ^
FormAdoptad (or Mandatory Ute
Judicial Council of California
081
SU
IN S T R U C T IO N S O N H O W T O C O M P L E T E T H E C O V E R S H E E T
CM-OTO
To P la in tiffs and O thars F ilin g F irs t P apare. If you are filing a first paper (for exam ple, a com plaint) in a civil case, you m u st
complete and file, along with your first paper, the C iv il C a s e C o v e r S h e e t contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the s h e e t In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the prim ary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case m ay subject a party, its
counsel, or both to sanctions under rules 2 .3 0 and 3.220 of the California Rules of C ourt
To Parties in R ule 3.740 C o llectio n s C ases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive dam ages, (3) recovery of real property, (4 ) recovery of personal property, or (5 ) a prejudgm ent writ of attachm ent
The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general tim e-for-service
requirements and case m anagem ent rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject
to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in C om plex C ases. In complex cases only, parties must also use the C iv il C a s e C o v e r S h e e t to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
case types a nd examples
Auto T ort
Auto (22) Personal tnjury/Property
Dam age/W rangful Death
Uninsured Motorist (4 6 ) {If the
case invoices an uninsured
m otorist claim subject to
arbitration, check this item
instead o f Auto)
O ther P IIP D /W D (P erso n al In ju ry /
Property D am ag e/W ro ng fu l O eath )
Tort
Asbestos (04)
Asbestos Property Dam age
Asbestos Personal Injury/
W rongful Death
Product Liability (not asbestos o r
toxicfenvironm ental) (24)
Medical M alpractice (45)
M edical M alpracticePhysicians & Surgeons
O ther Professional Health C are
M alpractice
Other P I/P D /W D (23)
Prem ises Liability (e.g ., slip
and fell)
Intentional Bodily Injury/PD /W D
(e.g ., assault, vandalism )
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Em otional Distress
O ther PI/P D /W D
Non-PI/PO /W D (O th er) T o rt
Business Tort/U nfeir Business
Practice (07)
Civil Rights (e.g ., discrim ination,
false arrest) (not civil
harassm ent) (08)
Defem ation (e.g ., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal M alpractice
Other Professional M alpractice
(not m edical o r legal)
Other Non-PI/PD /W D Tort (3 5 )
Em ploym ent
Wrongful Termination (36)
Othar Employment (15)
C o ntract
Breach o f Contract/W arranty (06 )
Breach o f R ental/Lease
Contract (not unlaw ful detainer
o r w rongful eviction)
C ontract/W arranty Breach Seller
Plaintiff (not b au d o r negligence)
Negligent Breach o f Contract/
W arranty
O ther Breach o f Contract/W arranty
Collections (e .g ., m oney owed, open
book accounts) (0 9 )
Collection C ase S eller Plaintiff
O ther Prom issory Note/Collectlons
C ase
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
O ther Coverage
Other Contract (37)
Contractual Fraud
O ther Contract Dispute
R eal Property
Eminent D om ain/lnverse
Condemnation (1 4 )
Wrongful Eviction (3 3 )
O ther R eal Property (e .g ., quiet title) (26)
W rit of Possession of R eal Property
Mortgage Foreclosure
Quiet Title
O ther Real Property (not em inent
domain, landlordAenant, or
foreclosure)
U nlaw ful D etain er
Com m ercial (31)
Residential (32)
Drugs (38) (If the c ase Involves illegal
drugs, check this Item ; otherwise,
reportas Com m ercial o r Residential)
J u d ic ial R eview
A sset Forfeiture (05 )
Petition Re: A rbitration Award (11)
W rit of M andate (02 )
W rit-A dm inistrative Mandamus
W rit-M andam us o n Limited Court
Case M atter
W rit-O th er Lim ited Court C ase
Review
Other Judicial R eview (39)
Review of Health O fficer Order
Notice of A p p eal-L ab o r
Com m issioner Appeals
nun
f iA S F
r.nvpp
sh p p t
P*g< 2 oT2
s h o rt tr ie
CASE NUMBER
BC o
29
0 p
Item I. Check the types of hearing and fill in the estimated length o f hearing expected for this case:
JURY TRIAL? D C YES CLASS ACTION? YES LIMITED CASE?
I H O U R S /H T DAYS
Item II. Indicate the correct district and courthouse location (4 steps - If you checked Limited Case", skip to Item III, 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
of action in Column
B below which
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 exception to the court location, see Local Rule 2.0.
Applicable Reasons fo r Choosing Courthouse Location (see Column C below)
1.
2.
3.
4
5.
Class actions must be filed in the Stanley Mosk Courthouse, central district.
May be filed in central (other county, or no bodily injury/property damage).
Location where cause of action arose.
Location where bodily injury, death or damage occurred.
Location where performance required or defendant resides.
Step 4:
tro
A
Civil Case Cover Sheet
Category No.
1
1., 2.,4.
1., 2., 4.
>
.EL "5
c
*cr>
c.
C
D o
o
</)
>
C
> C
Q. cn
rc
S E
I C
O
Q
o
c
Applicable Reasons See Step 3 Above
B
Type of Action
(Check only one)
Auto (22)
Asbestos (04)
r:
Q) o
CL I
o .rz
c_
<D
Q
Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.
o
3
<
6.
7.
8.
9.
10.
2.
2.
[ X
1., 4.
1., 4.
1.. 4.
1 4
1., 3.
1., 4.
SHORT t i t l e
B
Type of Action
(Check only one)
Employment
A
Civil Case Cover Sheet
Category No.
[
1., 2.. 3.
Defamation (13)
1.. 2., 3.
1.. 2.. 3.
Fraud (16)
1., 3.
1., 2.. 3.
1.. 2., 3.
2..3.
1.. 2.. 3.
1.. 2.. 3.
10.
2., 5
1., 2., 5.
1., 2., 5.
2., 5 6.
2.. 5.
1.. 2 3., 8.
2.
Eminent Domain/lnverse
Condemnation (14)
Wrongful Eviction (33)
2., 5.
1
Collections (09)
1
Contract
c
Applicable Reasons See Step 3 Above
Real Property
CASE NUMBER
Number of parcels
2.. 6.
2.. 6.
2.. 6
Unlawful Detainer
2., 6.
Unlawful Detainer-Residential
(32)
2., 6.
2.. 6
2.. 6
SHORTTITLE
B
Type of Action
(Check only one)
1
Judicial Review
of Judgment
Enforcement
Miscellaneous
Civil Complaints
2., 6.
2.. 5.
2., 8.
2.
2.
2.. 8
1.. 2., 8.
1., 2.. 3.
1.. 2., 8.
1., 2., 8.
Toxic Tort
Environmental (30)
2.. 9.
2., 6
Enforcement
of Judgment (20)
Other Complaints
(Not Specified Above) (42)
Partnership Corporation
Governance (21)
2.. 9.
2.. 8
2., 8.
2.. 8., 9.
1., 2.. 8
1.. 2.. 8.
1.. 2.. 8.
1.. 2.. 8
2 8
Other Petitions
(Not Specified Above)
(43)
2.. 3., 9.
2.. 3.. 9
2.
2., 3., 9.
2 8
Civil Petitions
c
Applicable Reasons See Step 3 Above
RICO (27)
Miscellaneous
CASE NUMBER
2., 7.
2.. 3.. 4.. 8
2.. 9
SHORTTiuH: Y E L C H IN ,
e t
a l . (
vs.
FC A US L L C ,
e t
a l.
CASE NUMBER
Item III. 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.
ao o ress:
B e rry
D r iv e
STATE.
S t u d io
C it y
CA
ZIP CODE
91604
Ite m IV . Declaration of Assignment I declare under penalty of perjury under the laws of the S tate of California that the foregoing is true
an d correct and that the above-entitled m atter is properly filed for assignm ent to the L o s
C e n t r a l _________
A n g e le s ___________
courthouse in the
District of the Superior Court o f California, County o f Los Angeles [Code Civ. P r p c r r T ^ et seq., and Local
D ated:A u g u s t 2 .
2016
PLEASE HAVE THE FOLLOW ING ITEM S COMPLETED AND REA D Y TO BE FILED IN ORDER TO PROPERLY
COM M ENCE YOUR NEW CO URT CASE:
1.
2.
3.
4.
Civil Case Cover Sheet Addendum and Statement of Location form, L A C IV 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 C IV-010, 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.
SU M -100
(CITACION JUDICIAL)
CO UR T U S E O N LY
(S O LO P A R A USO DE L A COftTQ
CO NFO RM ED COPY
O R IG IN A L F IL E D
Superior Court ol California
County of Los Annoles
MJG 0 2 W 6
VICTOR YELCHIN, an
individual, IRINA
YELCHINA, an individual; and the ESTATE OF ANTON
YELCHIN, by and through his Successors-in-Interest,
VICTOR YELCHIN and IRINA YELCHINA
YOU ARE BEING SUED BY PLA IN TIFF:
( L O E S T D E M A N D A N D O E L D E M A N D A N T E ):
N O TIC EI You have been sued. The court m ay decide against you without your being heard unless you respond within 30 days. R ead the information
below.
You have 30 CALENDAR DAYS after this sum m ons and legal papers are served on you to file a w ritten response at this court and have a copy
served on the plaintiff. A letter o r phone call w ill not protect you. Your written response m ust be in proper legal form if you w ant the court to h ear your
case. There tra y be a court form that you can use fo r your response. You can find these court form s and m ore information a t the California Courts
O nline Self-H elp Center (vm w .courfinfo.ca.gov/sefflrefo), your county law library, o r the courthouse nearest you. If you cannot pay the filing fee, ask
the court d erk for a fee w aiver form . If you do not file your response on tim e, you m ay tose the case by default, and your w ages, m oney, and property
m ay be taken without further warning from th e co u rt
There are other legal requirem ents. You m ay w an t to call an attorney tight aw ay. If you do not know an attorney, you m ay w ant to call an attorney
referral service. If you cannot afford an attorney, you m ay be eligible for free legal services from a nonprofit legal services program . You can lo a rte
these nonprofit groups at the California Legal S ervices W eb site (ira w .law tielpcalifom ia.org), the California Courts O nline S eif-H elp C enter
( www.courlrnfo.ca.gov/seffoefo). o r by contacting your local court or county bar association. N O TE : T he court has a statutory lien for w aived fees and
costs on any settlem ent or arbitration award o f $ 1 0 ,0 0 0 or more in a civil case. T he court's lien m ust be paid before the court w ill dism iss the case.
lA V IS O l Lo hen dem andado. Sr no responde dentro de 30 dies, la corte puede decidir en su contra sin escuchar su versin. L ea la inform acin a
continuacin
Tiene 3 0 DA S D E CALENDARIO despus de q ue le entreguen esta citacin y p ap eles legales p ara p resentar una respuesta p o r escrito en esta
corte y hacer que se entregue una copia a l dem andante. Una carta o una llam ada telefnica no lo protegen. S u respuesta p o r escrito tiene que estar
en to m a to legal correcto sf desea que procesen su caso en la corte. E s posible que haya un form ulario que usted p ia d a usar p ara su respuesta.
Puede encontrar estos formularios de la corle y m s inform acin en el Centro de A yuda de las Cortas de California (Www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o e n la corte q u e le quede m is cerca. S i no puede p ag a r la cuota de presentacin, pida a l secretario de la corte
que le d un formulario de exencin d e pago de cuotas. S i no presenta su respuesta a tiempo, p uede p erd er e l caso p o r incum plim iento y la corte te
podr quitar su sueldo, dinero y bienes sin m s advertencia.
H ay otros requisitos legales. Es recom endable que llam e a un abogado inm ediatam ente. S i no conoce a un abogado, puede lla m a ra un servicio de
remisin a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos p ara obtener servicios legales gratuitos de un
program a de servidos legales sin fines de lucro. P u ede encontrar estos grupos sin Unes de lucro en e l sido web de California Legal Services,
(W vm .lawhelpcalifom ia.org), en e l Centro de Ayuda d e las Cortes de California, (W ww.sucorte.ca.gov) o ponindose en contacto con la corte o e l
colegio de abogados locales. A VISO: P o r ley, la corte tiene derecho a reclam ar las cuotas y los costos exentos por im poner un gravam en sobre
cualquier recuperacin de $ 1 0 ,0 0 0 m is de valor red bid a m ediante un acuerdo o una concesin de arbitraje en un caso de derecho civil. Tiene que
p ag ar el gravam en de la corte antes de que la corte pueda desechar e l caso.___________________
CASE NUMBER:,
(E l n o m b ra y d ire c ci n d e la co rte e s ):
(N m ero d e l
6 2 9 0 96
SSL
2 2816
Tel: 310-551-0949
&
Clerk, by
(Secretario)
(For proof ol service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatin use el formulario Proof of Service of Summons, (POS-010)).
Fax: 855-299-4444
Deputy
(Adjunto)
3. I
I on behalf of (specify):
under:
4. I
Fora Adopted tor Mandatory Use
tsaal Coursi o! CaWcma
SUM-100 [Rav July 1.20091
|
I
I
I o th e r (sp e c ify ):
SUMMONS
SoiuOgns
S^Plus
fr
CONFO RM ED COPY
O R IG IN A L F IL E D
Superior Court of California
County of Los Ancietes
MIG02 2016
Sherri R. Carter, Executive Otflcer/Clerk
By: Judi Lara, Deputy
7
8
10
CASE NO.:
1C $ & *
11
Defendants.
19
20
21
22
23
24
25
1.
26
27
YELCHIN has standing to file this action for Decedents wrongful death pursuant to
28
1 YELCHIN succeeded to the Decedent's interest in the action because, at the time of
2
Decedent's death, the Decedent was not married and had no children. The statement
Exhibit 1.
2.
YELCHINA has standing to file this action for Decedents wrongful death pursuant to
YELCHINA succeeded to the Decedent's interest in the action because, at the time of
10
Decedents death, the Decedent was not married and had no children. The statement
11
12
Exhibit T .
13
3.
Plaintiffs are informed and believe, and based upon such information and
14
belief, allege that they are the Decedents lawful heirs and successors-in-interest, and
15
therefore this Complaint does not name any adverse heir in connection with this claim
16
17
Plaintiffs are informed and believe and, based upon such information and
18
belief, allege that Defendant FCA US LLC is now and at all times mentioned herein an
19
20
21
Plaintiffs are informed and believe and, based upon such information and
22
belief, allege that Defendant FCA US LLC engages in the business of designing,
23
manufacturing, testing, marketing, and distributing the 2015 Jeep Grand Cherokee
24
Model, License No. 7HXG997 (hereinafter the Subject Vehicle") which included the
25
26
gear shift assembly (hereinafter the Subject Gear Selector) which has caused the
27
28
Ill
__________________________________ 2.__________________________________
COMPLAINT FOR DAMAGES
6.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that Defendant ZF NORTH AMERICA, INC., is now and at all times
7.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that Defendant ZF NORTH AMERICA, INC., engages in the business of
designing, manufacturing, testing, marketing, and distributing the Subject Gear Selector
featured in the Subject Vehicle which has caused the death of ANTON YELCHIN.
8.
Plaintiffs are informed and believe and, based upon such information and
10
belief, allege that Defendant AUTO COMPANY XXlll, INC., dba AUTONATION
11
12
now and at all times mentioned herein an unknown business entity authorized and/or
13
14
9.
Plaintiffs are informed and believe and, based upon such information and
15
belief, allege that Defendant AUTO COMPANY XXlll, INC., dba AUTONATION
16
17
engages in the business of selling and/or leasing vehicles, including the Subject Vehicle
18
19
10.
Plaintiffs are informed and believe and, based upon such information and
20
belief, allege that Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO
21
COMPANY XXlll, INC., dba AUTONATION CHRYSLER DODGE JEEP VALENCIA and
22
CA SUPERSTORES VALENCIA CJD, and DOES 1 to 100, and each of them were the
23
24
25
26
27
HI
28
III
3.
COMPLAINT FOR DAMAGES
11.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that DOES 1 to 100, and each o f them, are individuals, corporations,
subsidiaries put together with the other aforementioned individuals or entities duly
6
7
12.
8 and each of them, are unknown to Plaintiffs, who therefore sue said Defendants by
9
10
Plaintiffs are informed and believe and, upon such information and belief,
11
allege that each of the Defendants fictitiously named herein as a Doe is legally
12
responsible, negligently or in some other actionable manner, for the events and
13
happenings hereinafter referred to and that, thereby, each proximately caused the
14 wrongful death of ANTON YELCHIN and the injuries and damages to Plaintiffs as
15
16
hereinafter alleged.
14.
Plaintiffs will amend this Complaint to show the true names and capacities
17 of such fictitiously named Defendants when such names and capacities have been
18
19
Plaintiffs are informed and believe and, based upon such information and
20
belief, allege that all of the acts, conduct, and nonfeasance herein carried out by each
21
and every representative, employee, or agent of each and every corporate and
22
business Defendant was authorized, ordered, and directed by their and/or its respective
23
24
25
and/or managing agents had advance knowledge of and authorized and participated in
26
27
employees, agents, and each of them. In further addition thereto, upon the completion
28
of the aforesaid acts, conduct, and nonfeasance of the aforesaid employees and
4.
COMPLAINT FOR DAMAGES
agents, the aforesaid corporate and business employers, officers, directors, and/or
managing agents respectively ratified, accepted the benefits of, condoned and
approved of each and all of said acts, conduct, and/or nonfeasance of their
co-employees, employees, and agents. In addition, at all times herein relevant, each
employer, and/or joint venturer of every other Defendant, and every Defendant was
acting within the course and scope of said agency, authority, employment and joint
venture.
16.
Plaintiffs are informed and believe and, based upon such information and
10
belief, allege that between at least 2011 and 2015, Defendants FCA US LLC and ZF
11
NORTH AMERICA, INC., designed and manufactured the defective Subject Gear
12
Selector.
13
17.
Plaintiffs are informed and believe and, based upon such information and
14
belief, allege that between at least 2011 and 2015, Defendant FCA US LLC designed
15
and manufactured certain vehicles, including the 2012-2014 Dodge Charger, 2012-
16
2014 Chrysler 300, 2014 Dodge Durango, 2014-2015 Jeep Grand Cherokee, and the
17
Subject Vehicle, and that said vehicles included the defective Subject Gear Selector.
18
18.
Plaintiffs are informed and believe and, based upon such information and
19
belief, allege that between at least 2011 and 2015, Defendants FCA US LLC and AUTO
20
COMPANY XXIII, INC., dba AUTONATION CHRYSLER DODGE JEEP VALENCIA and
21
22
vehicles, including the 2012-2014 Dodge Charger, 2012-2014 Chrysler 300, 2014
23
Dodge Durango, 2014-2015 Jeep Grand Cherokee, and the Subject Vehicle, to the
24
general public and that said vehicles included the defective Subject Gear Selector.
25
19.
Plaintiffs are informed and believe and, based upon such information and
26
belief, allege that the Subject Vehicle, the Subject Gear Selector, and/or their
27
28
which were either known or should have been known by Defendants. The defect(s)
5.
COMPLAINT FOR DAMAGES
substantially caused ANTON YELCHINs death and Plaintiffs injuries as more fully
described herein.
20.
More specifically, Plaintiffs are informed and believe and, based upon
such information and belief, allege that the design and/or manufacture of the Subject
Vehicle - and other certain vehicles, including the 2012-2014 Dodge Charger, 2012-
2014 Chrysler 300, 2014 Dodge Durango, and 2014-2015 Jeep Grand Cherokee - as
7 well as the design and/or manufacture of the Subject Gear Selector were defective in
8
that the Subject Gear Selector has an unfamiliar movement that is not intuitive and that
provides poor tactile and visual feedback to drivers, increasing the potential for
10
unintended gear selection and vehicle rollaway. Drivers could exit these vehicles when
11
the engine is running and the transmission is not in PARK, resulting in unattended
12
vehicle rollaway. Further, the Subject Vehicle - and these other certain vehicles,
13
including the 2012-2014 Dodge Charger, 2012-2014 Chrysler 300, 2014 Dodge
14
15
16
prevent drivers from exiting these vehicles with the engine running and the transmission
17
18
21.
Plaintiffs are also informed and believe and, based upon such information
19
and belief, allege that the design and/or manufacture of the Subject Vehicle - and other
20
certain vehicles, including the 2012-2014 Dodge Charger, 2012-2014 Chrysler 300,
21
2014 Dodge Durango, and 2014-2015 Jeep Grand Cherokee - as well as the design
22
and/or manufacture of the Subject Gear Selector were defective in that these vehicles
23
ignition START/STOP button could fail to engage, resulting in incidents where drivers
24
believed they put the vehicle in PARK and attempted to shutoff the vehicle using the
25
ignition ON/OFF button, then exited the vehicle without realizing that the vehicle was
26
27
Ill
28
III
6.
COMPLAINT FOR DAMAGES
22.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that, by at least August 2015, Defendants FCA US LLC, ZF NORTH
AMERICA, INC., and AUTO COMPANY XXIII, INC., dba AUTONATION CHRYSLER
100, inclusive, were aware of multiple crashes and numerous additional complaints
attributed to the defective Subject Gear Selector in its Chysler 300 and Dodge Charger.
Nevertheless, Defendants and each of them recklessly installed the defective Subject
Gear Selector into the 2014 and 2015 Grand Cherokee. As of April 12,2016, the
defective design and/or manufacture of the Subject Vehicle and Subject Gear Selector
10
had resulted in at least 700 field reports to Defendant FCA US LLC that were potentially
11
related to this issue, including 212 crashes, 308 claims of property damage, and at
12
least 41 injuries. The defective design and/or manufacture of the Subject Vehicle and
13
14
23.
Plaintiffs are informed and believe and, based upon such information and
15
belief, allege that, despite said actual knowledge of the defective design and/or
16
manufacture of the Subject Vehicle and Subject Gear Selector, Defendants FCA US
17
LLC, ZF NORTH AMERICA, INC., AUTO COMPANY XXIII, INC., dba AUTONATION
18
19
DOES 1 to 100, inclusive, failed to timely and/or adequately remedy the defective
20
21
24.
Plaintiffs are informed and believe and, based upon such information and
22
belief, allege that, on June 19, 2016, decedent ANTON YELCHIN was the operator of
23
the Subject Vehicle and that the Subject Vehicle was being used in a reasonably
24
25
25.
Plaintiffs are informed and believe and allege that, on or about June 19,
26
2016, decedent ANTON YELCHIN parked the Subject Vehicle at or near the top of his
27
driveway, then exited the Subject Vehicle and traversed towards the base of his
28
Vehicle, the Subject Vehicle did not properly engage and/or maintain the Park gear
position, causing the unmanned Subject Vehicle to travel down the driveway, where it
impacted ANTON YELCHIN. ANTON YELCHIN was crushed and lingered alive for
10
11
12
26.
Plaintiffs are informed and believe and thereon allege that at all times
13
14
COMPANY XXIII, INC., dba AUTONATION CHRYSLER DODGE JEEP VALENCIA and
15
CA SUPERSTORES VALENCIA CJD, and DOES 1 through 100, inclusive, and each of
16
17
18
19
providers, and/or distributors of the Subject Vehicle as well as the Subject Gear
20
21
28.
Plaintiffs are informed and believe and, based upon such information and
22
belief, allege that the Subject Vehicle and the Subject Gear Selector in the Subject
23
Vehicle was defective at the time of its manufacture, design, development, production,
24
25
26
27
28
29.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that the Subject Vehicle along with the Subject Gear Selector failed to
8.
COMPLAINT FOR DAMAGES
meet the reasonable expectations of safety for the class of persons of which Decedent
30.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that any benefits derived from the design of the Subject Vehicle and/or
Subject Gear Selector were substantially outweighed by the risk o f harm inherent in
said design in that, and not by way of limitation, despite the availability to defendants of
safer alternative designs, said defective Subject Vehicle and/or Subject Gear Selector
presented a substantial and unreasonable risk of injury and/or death to the users of the
10
31.
Specifically, Plaintiffs are informed and believe and, based upon such
11
information and belief, allege that said Subject Vehicle and Subject Gear Selector were
12
defective in their design, construction, assembly and manufacture and dangerous to life
13
and limb of the users and occupants thereof, in that, among other things and not by
14
way of limitation, the Subject Vehicle and Subject Gear Selector were so poorly
15
designed and manufactured that they failed to maintain their integrity under normal
16
17
created a substantial danger which was unknown to Decedent and Plaintiffs and to the
18
public in general, and would not be recognized by the ordinary user, and Defendants
19
20
32.
Plaintiffs are informed and believe and, based upon such information and
21
belief, allege that prior to the sale and distribution of said Subject Vehicle, Defendants
22
FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY XXIII, INC., dba
23
24
VALENCIA CJD, and DOES 1 through 100, inclusive, and DOES 1 to 100, knew the
25
26
previously described. Further, said Defendants, through their officers, directors and
27
managing agents, had prior notice and knowledge of the defects and/or defective
28
design of Subject Vehicle and Subject Gear Selector and that these defects and/or
__________________________________ 9.__________________________________
COMPLAINT FOR DAMAGES
2 American motoring public, including decedent ANTON YELCHIN and Plaintiffs in that
3
said defects and/or defective design unreasonably subjected vehicle operators and/or
occupants to injury and death as a result of failure in the event of foreseeable motor
vehicle use and misuse. Defendants prior notice and knowledge arose from several
sources, including but not limited to multiple tests, investigations, and test results
available prior to the date of said accident, internal memoranda and correspondence,
caused by the design of the Subject Vehicle and Subject Gear Selector.
10
33.
Additionally, Plaintiffs are informed and believe and, based upon such
11
information and belief, allege that Defendants, and each of them, had unfettered ability,
12
after years of extensive in-house, government, and independent testing to minimize the
13
substantial risk of serious bodily harm or death caused by the Subject Vehicle and
14
Subject Gear Selector by redesigning or warning of the potential for serious risk or
15
16
chose not to take steps to exercise that ability, including but not limited to, providing
17
proper design and manufacturing provisions, and Defendants' failure to take such steps
18
allowed Defenadnts to save money, avoid loss of sales, and repair and recall costs.
19
Defendants acts prevented the public from becoming aware that the defects in the
20
Subject Vehicle and Subject Gear Selector were, in reality, unsafe, dangerous, and
21
defective, and/or prevented the public from realizing the extent of danger presented by
22
the defects, thereby causing the injuries, death, and damages to Decedent and
23
Plaintiffs. In addition, Plaintiffs are informed and believe and thereon allege that the
24
aforementioned malfeasance, nonfeasance, defects, failure to warn, were done with the
25
26
27
28
34.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that Defendants, and each of them, failed to timely admit that the Subject
10.
COMPLAINT FOR DAMAGES
Vehicle and Subject Gear Selector were defectively designed and/or manufactured, and
35.
and due to the dangerous condition as alleged, Plaintiffs have incurred substantial
36.
each of them, the Plaintiffs have and will, suffer the loss of Decedent's love,
companionship, guidance, comfort, society, solace, moral support, financial support and
physical assistance, all to their general damages, in a sum to be proven at time of trial.
10
37.
11
12
SUPERSTORES VALENCIA CJD, and DOES 1 through 100, inclusive, their acts
13
14
15
unreasonable manner, as fully set forth above, under California Civil Code section
16
3294, causing injury and damage to plaintiffs, and the death of ANTON YELCHIN and
17
done with a conscious disregard of Plaintiffs and Decedents rights and safety,
18
19
20
21
22
LLC. ZF NORTH AMERICA. INC.. AUTO COMPANY XXIII. INC., dba AUTONATION
23
24
25
26
27
28
38.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that, at all times herein mentioned, Defendants, and each of them, had a
11.
COMPLAINT FOR DAMAGES
build, test, inspect, install, warn, equip, endorse, export, import, wholesale, retail, sell,
lease, rent, modify, service, repair, or entrust said Subject Vehicle and Subject Gear
Selector.
40.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that said Defendants, and each of them, breached their duty to Decedent
ANTON YELCHIN and plaintiffs, thereby causing injuries, death, and damages as
herein described. More specifically, Defendants, and each of them acted unreasonably
10
11
Decedent ANTON YELCHIN and Plaintiffs, and in failing to warn of such dangers.
12
41.
Plaintiffs are informed and believe and, based upon such information and
13
belief, allege that, at all relevant times herein mentioned, Defendants, and each of
14
them, breached their duty of ordinary care or skill in that they negligently, wantonly,
15
16
modified, changed, designed and manufactured and furnished the defective Subject
17
Vehicle and Subject Gear Selector so as to cause, permit and/or allow the same to be
18
in a dangerous, defective, unguarded and unsafe condition, and such acts and/or
19
omissions were a substantial factor contributing to the injuries suffered by Plaintiffs and
20
21
42.
Plaintiffs are informed and believe and, based upon such information and
22
belief, allege that the negligence of said Defendants, and each of them, was a
23
substantial factor in causing the injuries, death, and damages herein alleged.
24
43.
25
and each of them, and due to the dangerous condition as alleged, Plaintiffs have
26
incurred funeral and burial expenses and will continue to incur other cost related
27
expenses, the total amount of such expenses are not known to Plaintiffs at this time
28
III
12.
COMPLAINT FOR DAMAGES
and plaintiffs will move to amend this complaint to state such amount when the same
44.
each of them, the Plaintiffs have and will, suffer the loss of Decedent ANTON
45.
10
11
12
unreasonable manner, as fully set forth herein, causing injury and damage to Plaintiffs,
13
and the death of ANTON YELCHIN, and were done with a conscious disregard of
14
Plaintiffs and Decedent's rights and safety, Plaintiffs request the assessment of
15
16
17
18
19
LLC. ZF NORTH AMERICA. INC.. AUTO COMPANY XXIII. INC., dba AUTONATION
20
21
22
23
24
46.
Plaintiffs are informed and believe and, based upon such information and
25
belief, allege that, at all times herein mentioned, Defendants FCA US LLC, ZF NORTH
26
27
28
installed, and operated for purpose of sale and distribution said Subject Vehicle and
48.
Plaintiffs are informed and believe and, based upon such information and
belief, allege that at the time and place of said sale, delivery, distribution, repair,
Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY XXIII, INC.,
VALENCIA CJD, and DOES 1 THROUGH 100, inclusive, expressly, implicitly, and
10
impliedly warranted to each buyer and user and to all persons reasonably expected to
11
be in the immediate vicinity of said products during use in any manner, that said
12
Subject Vehicle and Subject Gear Selector were reasonably fit and safe for their
13
intended purposes, and that said products were accordingly of merchantable quality
14
throughout.
15
49.
Plaintiffs are informed and believe and, based upon such information and
16
belief, allege that, at the time and place of said sale, delivery, installation, distribution or
17
supply, the Subject Vehicle and Subject Gear Selector were not reasonably fit and safe
18 for their intended uses by buyers, users, or persons reasonably anticipated to be in the
19
vicinity of the use of the Subject Vehicle, including Decedent ANTON YELCHIN, and
20
were, therefore, not of merchantable quality and constituted extreme danger and
21
hazard to persons using or in the vicinity of the Subject Vehicle and/or Subject Gear
22
Selector, due to the latent defects in the Subject Vehicle and/or Subject Gear Selector.
23
50.
Plaintiffs are informed and believe and, based upon such information and
24
belief, allege that, in reliance upon such warranties, Decedent ANTON YELCHIN
25
operated the Subject Vehicle with the Subject Gear Selector installed in it, in a manner
26
foreseeable and as intended by Defendants. Plaintiffs are informed and believe and,
27
based upon such information and belief, allege that, as a direct and substantial result of
28
the breach of such implied warranty by these Defendants, and each of them, the
14.
COMPLAINT FOR DAMAGES
Subject Vehicle and/or Subject Gear Selector malfunctioned causing the Subject
Vehicle to roll away and strike ANTON YELCHIN, resulting in his untimely death.
3
4
51.
52.
and due to the dangerous condition as alleged, Plaintiffs have incurred funeral and
burial expenses and will continue to incur other cost related expenses, the total amount
of such expenses are not known to Plaintiffs at this time and plaintiffs will move to
amend this complaint to state such amount when the same becomes known to them, or
10
on proof thereof.
11
53.
12
each of them, the Plaintiffs have and will, suffer the loss of Decedent ANTON
13
14
15
54.
16
17
18
19
20
unreasonable manner, as fully set forth herein, causing injury and damage to Plaintiffs,
21
and the death of ANTON YELCHIN, and were done with a conscious disregard of
22
Plaintiffs and Decedents rights and safety, Plaintiffs request the assessment of
23
24
25
Ill
26
III
27
III
28
II
15.
COMPLAINT FOR DAMAGES
LLC. ZF NORTH AMERICA. INC.. AUTO COMPANY XXIII. INC., dba AUTONATION
6
7
55.
8
9
56.
Plaintiffs are informed and believe, and thereupon allege, that at said time
and place, Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY
10
11
SUPERSTORES VALENCIA CJD, and DOES 1 THROUGH 100, inclusive, and each of
12
13
14
15
repaired, installed, provided, and/or otherwise distributed the Subject Vehicle and
16
Subject Gear Selector, which malfunctioned and caused the Subject Vehicle to roll
17
18
Defendants, and each of them, knew or should have known that it was
19
likely that a person such as Decedent ANTON YELCHIN would use the Subject Vehicle
20
in a reasonably foreseeable manner and would suffer serious injuries and even death
21
because of the defect(s) of the Subject Vehicle and Subject Gear Selector.
58.
22
23
of them, ANTON YELCHIN sustained severe injuries which resulted in his untimely
24
death.
25
59.
26
and due to the dangerous condition as alleged, Plaintiffs have incurred funeral and
27
burial expenses and will continue to incur other cost related expenses, the total amount
28
of such expenses are not known to Plaintiffs at this time and plaintiffs will move to
16.
COMPLAINT FOR DAMAGES
amend this complaint to state such amount when the same becomes known to them, or
on proof thereof.
60.
each of them, the Plaintiffs have and will, suffer the loss of Decedent ANTON
61.
10
11
12
unreasonable manner, as fully set forth herein, causing injury and damage to Plaintiffs,
13
and the death of ANTON YELCHIN, and were done with a conscious disregard of
14
Plaintiffs and Decedents rights and safety, Plaintiffs request the assessment of
15
16
17
18
62.
19
20
21
22
23
24
25
26
Interest to ANTON YELCHIN, pray for judgment against Defendants, and each of them,
27
as follows:
28
III
17.
COMPLAINT FOR DAMAGES
1.
2
3
All general damages, including but not limited to loss of the Decedents
consortium, according to proof at time of trial;
2.
3.
7
8
4.
10
5.
Attorneys' fees;
11
6.
12
7.
Such other and further relief as the Court deems just and proper.
13
14
DATED:
August 2, 2016
GARY A. D O ^ ^ ^ ^ ^ ^ ^ R P O R A T I O N
15
16
0 a fy A ^ B o rd ic k , E q ^
17
18
19
20
21
22
23
24
25
26
27
28
18.
COMPLAINT FOR DAMAGES
EXHIBIT 1
2
3
4
5
Attorneys for Plaintiffs
6
7
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF LOS ANGELES
9
10
11
12
13
14
v.
15
CASE NO.:
Defendants.
19
20
21
22
23
Plaintiffs IRINA YELCHINA and VICTOR YELCHIN make the following declaration
24
25
26
Yelchin. If called upon as witnesses to testify, we could and would competently testify to
27
28
___________________________________________________________ 1 .____________________________________________________________
DECLARATION OFVICTOR YELCHIN AND IRINA YELCHINA AS SUCCESSORS-ININTEREST PURSUANT TO CODE OF CIVIL PROCEDURE 377.32
2.
Successors In Interest.
4.
5
6
7
8
9
10
A true and correct copy of the decedents death certificate is attached hereto
as Exhibit A.
6.
11
section 377.11 of the California Code o f Civil Procedure. We succeed equally to the
12
13
14
8.
Aside from us, no other person has a superior right to commence the action
15
16
I declare under penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct and that this declaration was executed on August 1,2016, at
18
19
IRINA YELCHINA
20
21
I declare under penalty of perjury under the laws of the State of California that the
22
foregoing is true and correct and that this declaration was executed on August 1,2016, at
23
24
25
VICTOR YELCHIN
26
27
28
__________________________________ 2___________________________________
DECLARATION OFVICTOR YELCHIN AND IRINA YELCHINA AS SUCCESSORS-ININTEREST PURSUANT TO CODE OF CIVIL PROCEDURE 377.32
EXHIBIT A
3201619027563
CERTIFICATE OF DEATH
5U*t 0* CAOKAWUl
uu tu* mem. t im i m sab M i m s* u nw aa
_____
vs-nrevvsi_____________
I NAME. O 0CCE0CN7-FW$T
3 IA S I <F*T*y!
ANTON
YELCHIN
*'JCTWQNTYT.A."
ryw.yaras_1t sex
03/11/1989
faflTM STATEDC^tGN COUNTRY
S ARUED FORCES
TI MARITAL f A l A W
RUSSIA
|X |
NEVER MARRIED
3 .^
06/19/2016 FND
I I CICC*IT-S MCI
WHITE
HS GRADUATE
17 USUAL OCCuPaTCN - 7fp* e* v
OO NCT USERETIRED
ENTERTAINMENT
ACTOR
J0 DECEDENT'S RESCENCE TS**H AM
v *ec.4b>)
23. COUNTV/PRCV-NCE
: i Z. CODE
STUDIO CITY
LOS ANGELES
91604
34 YEARS IN COUNTY
*7 AFCFMASrS U A L M O IO O N S ID IM M
31 FUCRVIANT S NAWL.RtLATXJNSxF
3S STATE/fCRE'-ON COUNTRY
11. LAST
YELCHIN
VICTOR
36 MOOLI
3. NAVE O f MOTmIL1>AAENT..HST
RUSSIA
31 BRIM STATE
KORINA
M a o E m o m iN MOUNT SINA, MEMORIAL PARK
5950 FOREST LAWN DR.. LOS ANGELES. CA 90068
IRINA
3> OilROSiTON DATE "ytvIM y
06/24/2016
RUSSIA
NOT EMBALMED
4S LCENSE NwM8E
FD1010
JEFFREY GUNZENHAUSER. MD
06/21/2016
DRIVEWAY
5 TACVilYACC**ESSOREOCATONWHIRLFUNO(So-MI*rOW.freer orlocMON
104 COUNTY
LOS ANGELES
a
n s s re
tc CJT>
STUDIO CITY
M J 10 CA
on U r* A Er*e*
UNCiRLYtNO
B016-04493
110
AUTCPiYrtWORMEOT
CAUSE|) *or
rvMry inai
06/18/2016
MVi.cn CA DEATH
123 IV AC I CA INA.AT , ;
/.W
IUNK
'*
DRIVEWAY
134 O f SCR'HF K>.V INJURY OCCURRED U -*%
12 DATE
.REGINA AUGUSTINE
06/21/2016
mTVatlceyy
innfflHHnnnaiiiitMfflii
STATE
FIEClSTRAR
CENSUS TRACT
________ ^O^^X>0100327>:23,________
This is a true certified conjfW the recced filed in the County of Los Angeles
Department of PutLfjHer/thlt tifo rsfh e Registrar's signature in purple ink.
000984324
E ISSUED
Health Of)
This copy is n o i valid unless preparod on on ongravod border, displaying the dai. soal and signature o f the Registrar.
isSSiS
BO 8
9 n ~
Your case is assigned fo r all purposes to the ju d ic ia l officer indicated below (Local Rule 3.3(c).
ASSIGNED JUDGE
DEPT
DEPT
ROOM
632
/
/
ASSIGNED JUDGE
ROOM
633
93
631
97
630
98
635
r , \ V
'A
'
3
y
__ 6.
r A
S M A R T E R , Executive Officcr/Clerk
ai
. Deputy Clerk
LACIV PI 190 (Rev06/16)
LASC Approved 05-06
FILED
LOS ANGELES SUPERIOR COURT
FEB 2 52016
BY C. CASAREZ, DEP10J
4
5
6
7
8
9
10
) Case No.:
In re Personal Injury Cases Assigned to the )
~s e e *2 $* 0 $
Personal Injury Courts;
) SIXTH AMENDED GENERAL
(CENTRAL DISTRICT)
) ORDER RE PERSONAL INJURY
) COURT (PI Court) PROCEDURES,
) CENTRAL DISTRICT
______________________________________) (Effective as o f February 22, 2016)
II
$
12
13
DEPARTMENT:
14
92
93
^f ^
98
o\
15
16
91
Date:
at 10:00 a.m.
TRIAL:
'Vs
17
Date:
18
' \ ^
.
at 8:30 a.m.
20
Date:
at 8:30 a.m.
21
Central D istrict
2/22/2106
O R D E R S A S F O L L O W S IN T H I S A N D A L L O T H E R G E N E R A L J U R IS D IC T IO N
P E R S O N A L I N J U R Y A C T IO N S :
4
cen tralizin g th e m a n a g e m e n t o f m o re th a n 18,000 g en era l ju risd ic tio n p e rso n a l in ju ry cases in
5
th e S tan ley M o sk C o u rth o u se .
6
C ourts - D e p a rtm e n ts 9 1 , 9 2 and 9 3 ), on January 6 ,2 0 1 4 , a fo u rth (D e p a rtm e n t 97), a n d on
7
10
trials to d e d ic a te d T ria l C o u rts lo cated countyw ide. P rio r A m e n d e d G e n e ra l O rd ers laid out
11
12
13
1.
14
C ase C o v e r S h eet A d d e n d u m (fo rm L A C IV 109). T h e C o u rt d e fin e s p e rso n a l in jury as:
15
16
17
an unlim ited civil case described on the C ivil C ase C o v er S heet A ddendum and
S tatem ent o f L ocation (LA C IV 109) as M otor V ehicle-P ersonal Injury/Property
18
19
20
21
Central District
2/22/2106
1,2106, th ro u g h e -D e liv e ry , w h ich is av ailable online a t w w w .la c o u rt.o rg (lin k o n hom epage).
P lease n o te th a t filin g s a re n o lo n g er acc ep ted v ia facsim ile a n d m u st b e filed e ith e r in person
Central District
2/22/2106
4
arsons w ith D isa b ilitie s (M C -4 1 0 ), m ay n o t b e filed v ia e-D eliv ery .
5
6
7
E R V IC E O F S U M M O N S A N D C O M P L A IN T
10
11
12
13
T h e C o u rt sets th e a b o v e trial a n d F S C dates o n co n d itio n th a t p la in ti f f s ) effectu ate
14
ervice o n d e fe n d a n t(s) o f th e sum m o n s an d co m p lain t w ith in six m o n th s o f filin g the
IS
16
om plaint.
T h e P I C o u rt w ill d ism iss th e case w ith o u t p reju d ice p u rsu a n t to C .C .P . 581 w h en
17
18
io
party ap p ea rs fo r trial.
19
20
21
S T IP U L A T IO N S T O C O N T IN U E T R I A L
>.
Centra] District
2/22/2106
4
th e S tip u latio n at le ast eig h t c o u rt d ay s b efo re th e F S C date.
P a rtie s se e k in g to ad v an ce the
5
trial and F S C d a te s sh a ll tile th e S tip u latio n a t le ast e ig h t c o u rt d a y s b e fo re th e p ro p o sed
6
7
10
11
th ird req u est to c o n tin u e tria l w ill o n ly b e g ran ted u p o n a sh o w in g o f g o o d cau se, b y e x p arte
12
13
stip u latio n to c o n tin u e trial w ill co u n t to w ard th e m a x im u m n u m b e r o f a llo w e d co n tin u an ces.
14
15
16
17
18
NO CA SE M A N A G E M E N T CO N FER EN C ES
17.
19
20
21
L A W A N D M O T IO N
A N Y D O C U M E N T S W I T H D E C L A R A T IO N S A N D /O R E X H I B I T S M U S T B E
22
T A B B E D . C R C 3 .1 1 1 0 (f)
23
A L L D E P O S I T I O N E X C E R P T S R E F E R E N C E D IN B R IE F S M U S T B E M A R K E D
24
25
26
27
I O N T H E T R A N S C R I P T S A T T A C H E D A S E X H IB IT S .
C R C 3 .1 1 1 6 (c )
I f vour filing is not tabbed or depositions are not marked, do not file without the
tabs or m arked depositions unless today is the tost dav for fitina . I f so. vou m ust
file a tabbed/m arked copy with the clerk in the department where vour motion will
be heard within 2 court davs.
Central District
2/22/2106
I
2
3
C h a m b e r s C o p ie s R e q u i r e d
8.
C o u rth o use, th e p a rtie s m u s t deliv er, d irec tly to the P I C o u rt c o u rtro o m s, an e x tra copy
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ju d g m e n t/a d ju d ic a tio n , to su b m it on e o r m o re th ree -rin g b in d e rs o rg a n iz in g th e C ham bers
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II
C o p ies b eh in d ta b s.
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R e s e rv a tio n o f H e a r in g D a te
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9.
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reserv in g a m o tio n h e a rin g d ate, the reserv atio n re q u e sto r m u st s u b m it th e p ap ers fo r tiling
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to u tilize th e o n lin e C R S m a y reserv e a m o tio n h earin g d ate b y c a llin g th e P I C o u rt courtroom ,
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M onday th ro u g h F rid a y , b etw ee n 3:00 p.m . and 4 :0 0 p.m .
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W ith d r a w a l o f M o tio n
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im m ed iately i f a m a tte r w ill n o t b e heard o n the sch ed u le d d ate. In k e e p in g w ith th a t rule, the
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D isc o v e ry M o tio n s
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reso lv e a n d /o r n a rro w th e s c o p e o f d isco v ery d isp u te s. L e a d tria l c o u n se l o n e a c h sid e, oi
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assistan ce o f th e C o u rt.
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12.
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S ch ed u lin g oi
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p articip atin g in a n ID C d o e s n o t ex ten d an y d ead lin es im p o se d b y th e C o d e o f C iv il Procedure
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fo r n o ticin g a n d filin g d isc o v e ry m otions. Ideally, th e p a rtie s sh o u ld p a rtic ip a te in a n IDC
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before a m o tio n is file d b e c a u se th e ID C m ay av o id the n e c e ssity o f a m o tio n o r red u ce it:
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tim e to p a rtic ip a te in a n ID C . I f p arties d o not stip u late to ex te n d th e d ead lin es, th e m oving
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H o w e v er, th e ID C m u st take
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m otion h earin g th a t is a t le a st 6 0 d ay s after the date w hen th e ID C re se rv a tio n is m ade. M otio n :
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to C om pel F u rth e r D isc o v e ry R esp o n ses are heard at 10:00 a.m . I f th e ID C is n o t p roductive,
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the m o ving p a rty m a y a d v a n c e the h earin g on a M o tio n to C o m p e l F u rth e r D iscovery
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R esp o n ses o n a n y a v a ila b le h e a rin g date th at co m p lie s w ith the n o tic e req u ire m en ts o f the
C o d e o f C iv il P ro ced u re.
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w w w .laco u rt.o rg (lin k o n h o m e p a g e ). P arties are to m e e t a n d c o n fe r re g a rd in g the available
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d ates in C R S p rio r to a c c e ssin g th e system .
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req u esto r m u st file in th e ap p ro p ria te dep artm en t a n d serv e a n In fo rm a l D isco v ery C onference
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o p p o sin g p arty m a y file a n d serv e a resp o n siv e ID C F o rm , b rie fly s e ttin g fo rth th a t p a rty s
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response, at le a st 10 c o u rt d ay s p rio r to th e ID C .
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reso lv e o th e r ty p e s o f d isc o v e ry d isputes.
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E x P a r te A p p lic a tio n s
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show ing, b y a d m is sib le e v id e n c e , that the m o v in g p a rty w ill s u ffe r irrep a rab le h arm ,
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In stead of
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seek in g ex parte re lie f, c o u n se l sh o u ld reserv e the e arliest a v a ila b le m o tio n h e a rin g date, and
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stip u late w ith a ll p a rtie s to co n tin u e the trial to a d a te th e re a fte r u s in g th e S tip u latio n to
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R E Q U EST F O R T R A N S F E R T O IN D E P E N D E N T C A L E N D A R D E P A R T M E N T
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6.
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lourt sh all file (in R o o m 102 o f th e S tan ley M o sk C o u rth o u se) a n d s e rv e th e C o u rts
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leterm ining w h e th e r a p e rso n a l in ju ry case is co m p lica ted th e P I C o u rts w ill co n sid er,
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m o n g o th e r th in g s, th e n u m b e r o f pretrial h earin g s o r th e c o m p le x ity o f issu e s p resen ted .
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7.
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GENERAL O R D E R -F IN A L STA TU S C O N FE R E N C E
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-F in a l S tatu s C o n fe re n c e , w h ic h shall b e served w ith the su m m o n s a n d co m p lain t.
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IU R Y F E E S
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JU R Y T R IA L S
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D ep artm en t O n e a s s ig n s ca se s o u t fo r trial to d ed ic a te d T rial C o u rts.
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S A N C T IO N S
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K e v in C . B ra z ile
^
S u p e rv isin g Ju d g e , C ivil
L o s A n g e le s S u p e rio r C o u rt
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FILED
LOS ANGELES SUPERIOR COURT
1 02016
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S U PE R IO R CO URT O F TH E STATE O F C A LIFO R N IA
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LO
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The dates for Trial and Final Status Conference ("FSC") having been set in this matter, the
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1. PURPOSE O F THE FSC
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The purpose o f the FSC is to verify that the parties counsel are completely ready to
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proceed with trial continuously and efficiently, from day to day, until verdict. The PI Courts
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will verify at the FSC that all parties counsel have (I) prepared the Exhibit binders and Trial
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Document binders and (2) met and conferred in an effort to stipulate to ultimate facts, legal
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2. TR IA L DOCUMENTS TO BE FILED
At least five calendar days prior to the Final Status Conference, the parties counsel shull serve
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and lile (in Room 102 o f the Stanley Mask Courthouse) the following Trial Readiness
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Documents:
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A. TRIAL BRIEFS (OPTIONAL)
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Each party counsel may file, but is not required to file, a trial brief succinctly identifying:
(1) (he claims and defenses subject to litigation;
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(2) the major legal issues (with supporting points and authorities);
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(4) any other information that may assist the court at trial.
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B.
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MOTIONS IN LIM IN E
Before filing motions in limine, the parties counsel shall comply with the statutory
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notice provisions o f Code o f Civil Procedure ("C.C.P.") Section 1005 and the
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requirements o f Los Angeles County Court Rule ("Local Rule") 3.57(a). The caption
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o f each motion in limine shall concisely identify the evidence that the moving party
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seeks to preclude. Parties filing more than one motion in limine shall number them
consecutively. Parties filing opposition and reply papers shall identify the
corresponding motion number in the caption o f their papers.
C.
JO IN T STATEMENT TO BE READ TO TH E JU RY
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For jury trials, the parties/counse! shall work together to prepare and file a joint written
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statement o f the case for the court to read to the jury. Local Rule 3.25(i)(4).
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D.
JO IN T WITNESS LIST
The parties counsel shall work together to prepare and file a joint list o f all witnesses that
each party intends to call (excluding impeachment and rebuttal witnesses). Local Rule
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3.25(i)(5). The joint witness list shall identify each witness by name, specify which
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witnesses are experts, and estimate the length of the direct, cross examination rc-direct
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examination (if any) of each witness. The parties/counsel shall identify and all potential
witness scheduling issues and special requirements. Any party/counsei who seeks to elicit
testimony from a witness not identified on the witness list must first make a showing o f
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good cause.
E.
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The parties/counsel shall jointly prepare and file a list o f proposed jury instructions, organized
in numerical order, specifying the instructions upon which all sides agree and the contested
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instructions, if any. The Joint List o f Jury Instructions must include a space by each instruction
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F.
JURY INSTRUCTIONS
(JO IN T AND CONTESTED)
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The purties/counsel shall prepare a complete set of full-text proposed juiy instructions, editing
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all proposed California Civil Jury Instructions for Judges and Attorneys ("CACI") instructions
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to insert party names and eliminate blanks and irrelevant material. The panics shall prepare
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special instructions in a format ready for submission to the jury with the instruction number,
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title and text only (i.e., there should be no boxes or other indication on the printed instruction
itself as to the requesting patty.)
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G.
JO IN T VERDICT FORM(S)
The parties counsel shall prepare and jointly file a proposed general verdict fonn or special
verdict fonn (with interrogatories) acceptable to all sides. If the parties counsel cannot agree
on a joint verdict form,, each party must separately file a proposed verdict fonn
Local Rule
JO IN T EXHIBIT LIST
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The parties counsel shall prepare and file a joint exhibit list organized with columns
identifying each exhibit and specifying each partys evidentiary objections, if any, to
admission of each exhibit. To comply with Local Rules 3.52(i)(5) and 3.53, the parties shall
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3. EVIDENTIARY EXHIBITS
The parties counsel shall jointly prepare (and be ready to temporarily lodge for inspection at
the FSC), three sets of tabbed, internally paginated and properly-marked exhibits, organized
numerically in three-ring binders (a set for the Court, the Judicial Assistant and the witnesses).
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The parties counsel shall mark all non-documentary exhibits and insert a simple written
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description o f the exhibit behind the corresponding numerical tab in the exhibit binder. If the
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parties have a joint signed exhibit list and electronic copies o f their respective exhibits, then
the parties will not be required to produce exhibit binders at the Final Status Conference
(FSC). However, the exhibit binders may be required by the assigned trial judge when the
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trial commences. In the absence o f either a joint signed exhibit list or electronic copies,
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exhibit binders will be required by all parties at the Final Status Conference.
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The parties/counsel shall jointly prepare (and be ready to temporarily lodge for inspection at
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the FSC) the Trial Documents, tabbed and organized into three-ring binders as follows:
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Tab E: Joint List of Jury Instructions (identifying the agreed upon and contested
instructions)
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The parties shull organize motions in limine (tabbed in numerical older) behind tab B
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with the opposition papers and reply papers for each motion placed directly behind the moving
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papers. The parlies shall organize proposed jury instructions behind tab F, with the agreed
IS
upon instructions first in order followed by die contested instructions (including special
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rhe court has discretion to require any parry counsel who fails or refuses to comply with this
jeneral Order to Show Cause why the court should not impose monetary, evidentiary and or
ssue sanctions (including the entry of a default or the striking of an answer).
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Dated this 10th day of June, 2016
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tvini C. Brazile
Supervising Judge, Civil
Los Angeles Superior Court