1. law, govt and politics

~ rV:-<Nt:r
PF.~TYWITHOUT
AiTORNEY (Nams, State Sanwmber, sndr:.dd;-assj:
Fr",.m COURT US£! ONLY
John H. Gomez (SBN 171485) John P. Fiske (SBN 249256)
Gomez Trial Attorneys
655 West Broadway, Suite 1700
San Diego, CA 92101
TELEPHONE.NO.:
AnoRNEY FOR (Name.J:
CONFORMED COPY
O~IGINAL FILED
619-237-3490
FAXNO.: 619-237-3496
Plaintiff DarJa Scheiitzche et al.
!SUPERiOR COURT OF CAUFORNIA, COUNTY OF
S~enor Court of California
Ollnht nf I,..,~ ~., •..,PIP,~
LOS ANGELES
111 N. Hill Street
111 N. Hill Street
crTYANDZIPcooe: Los Angelesl CA 90012
BRANCH NAME: Stanley Mosk Courthouse
CASE NAME: Darla Schelitzche et al. v. Townsend Farms, Inc.
MAR 2 3 2015
sTREET ADDRESs:
Sherri R. Caner
MAILING ADDREss:
I
CIViL CASE COVER SHEET
UnUmfted
D umiterl
By Shaunya Bolden Deoutv
et al.
CASE NUMBER:
Complex Case Designation
D
0
Counter
.
' CXtH,uttv~;; viiH.;~r/Cierli
Joinder
~moo~
~~
demanded is
Filed with first appearance by defendant
$25,000 or less)
(Cal. Rules of Court, rule 3.402)
DEPT:
ftems 1--6 below must be completed (see instructions on page 2).
1. Check one box below fur the case type that best de.....~bes this case:
(Amount
demanded
exceeds $25,000)
Auto Tort
0
0
Contract
0
0
D
Rule 3.740 collections (09}
Asbestos (04)
D
Other contract (37)
Product liability (24)
Reaf Property
Auto (22)
Uninsured motorist (46)
Other PUPD/WD (Persona! lnjur_i/?roparty
DamagaNVrongful Death) Tort
D
0
D
Medicai malpractice (45)
~
Other PIIPD/WD (23)
Non~PI/PDIWD (Other} Tort
0
0
0
0
0
0
0
0
0
Other collections (09}
Insurance coverage {18)
Eminentdomain/lnverse
condemnation (14)
Wrongful eviction (33)
Business tort/unfair business practice (07)
0
Civii rights (08)
Un!awful Detainer
Defamation (13)
Fraud (16)
Intellectual property {19)
Professional negligence (25)
Other non-PI/PD/WD tort (35)
Employment
0
0
D
Breach of contract/warranty (06)
Wrongful termination (36)
Other empl~yment {15)
0
D
0
Other real property (26)
ArrtitnJstiTrade regulation (03)
Construction defect (1 0)
M~ss tort (40)
Securities litigation (28)
EnvironmeniB!/Toxic tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
0
Enforcement of judgment (20)
D
0
Residential (32}
Miscellaneous CivU Petition
Asset forfeiture (05)
Petition re: arbitration award ( 11)
0
D
Partnership and corporate governance {21}
Other petition (not specified above} (43)
Writ of mandate (02)
Other judicial review (39)
0
2. This case
rgj is
is not complex under rule 3.400 of the
factors .requiring exceptional judicial management:
a.
Large number of separately represented parties d.
b.
Extensive motion practice raising difficult or novel e.
issues that wiil be time-consuming to resolve
c.
Substantiar amount of documentary evidence
f.
0
0
California Rules of Court. If the case is complex, mark the
0
0
0
0
3. Remedies sought (check all that apply): a.~ monetary b.
4.
D
0
0
0
0
0
Miscellaneous Civil Complaint
RICO (27)
Other complaint (not specified abova) (42)
Commercial (31)
Drugs (38)
Judicial Review
0
D
0
0
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
0
Large number of witnesses
Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
Substantial posljudgment judicial supervision
nonmonetary; declaratory or injunctive relief
c.
[g) punitive
Number of causes of action (specify): 3
5. This case 0 ·is ~ is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use formll.J..~~!F.J
Date: March 23,2015
__:.---John P. Fiske, Esq.
?E OR PR!NT NAME
NOTICE
Plaintiff must file this cover sheet witll the first paper filed in the action or proceeding (except smail'claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rwJe 3.220.) Failure to file may result
in sanctions.
~ File this cover sheet in addition to any cover sheet required by tocal court rule.
;.· If this case is complex under rule 3.400 et seq. of the California Rures of Court. you must s?rve a copy of this cover sheet on aU
other parties to t'le action or proceeding.
1.? Unless this is a collections case under rule 3.740 or a complex case, thrs cover sheet wifl be used for statistical purposes onlv.
5
I
Pae1of2
Form Adopted for i'l.andator; Use
Judicial Council of California
c;..'h'l10 [Rev. July 1, 2007]
C:VlL CASE COVER SHEET
C<JL Rules oi C.?urt. n.:les 2.30, 3.220. 3.400--3.403, 3.74D;
Cal. Star-.dards of Judicia! Adminisrrailon, s!:d. 3. ~ 0
www.courrinfo.c:;;.go'l
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet 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 sheet. 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 primary 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 may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties In Rule 3.740 Collections Cases. 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 damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The IdentifiCation of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management 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 Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet 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
plaintiff's 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.
Auto Tort
Auto (22}-Personallnjury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PI/PDIWO (Personal Injury/
Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmentelj (24)
Medical Malpractice (45)
Medical MalpracticePhysicians & Surgeons
Other Professional Health Care
Malpractice
Other PIIPD/WD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily lnjury/PD/WD
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Disb'ess
Negligent Infliction of
Emotional Distress
Other PIIPD/WD
Non-PI/PD/WD (Other) Tort
Business TorVUnfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legalj
Other Non-PI!PD/WD Tort (35)
Employment
Wrongful Termination (36) Other
Employment (15)
CM-01 0 [Rev. J;~ly 1, 2.007]
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty (06)
Breach of RentaVLease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract {37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves Illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award ( 11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (nondomestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (nonharassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Compla int
(non-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Page2 of2
American LBgaiNe!, Inc.
www.FormsWorldlow.com
FOR COURT USE ONLY
{SOLO PARA USO DE: LA CORTEj
NOT~CE TO DEFENDANT;
,_-A vr.so AL DEMANDADO'J~:
l K 'if.tt
TOVJNSEND FARMS. INC., an Oregon Corporation; COSTCO 'vVHOLESALE
~~~~~~~~~d~~~~~~~~~~;~~~u~~r~~r~~~~~~~~tEi~y POMEGRAN/~TE, INC.~
CONFORMED COPY
'"' O~HGaNA!L
;:;;upenor
Court ofiFHtL.fED
California
Cnuntv of Los Anqeles
MAR _
2 8 ZOfS
.
YOU ARE BEiNG SUED BY PLA1NnFF:
Sherrl R. Carter t:x 8 c
O .
{LO E.ST.4 DEMANDANDO EL DEMANDANTE):
J
'
unve H1cer/Cierl\
DARLA SCHEUTZCHE, lndlvldual!y and behalf of the ESTATE OF VIRGINIA t1 Y Shaunya Bolden, Deputy
JOLSON, DARYL JOLSON, DALE JOLSON, DAViD JOLSON, DONALD
JOLSON, AND DlANE VOSS,
1
1
I
NOTiCE! You have been sued. The court may decide against you without your being heard ,unless you respond within 30 days. Read the infonnation
below.
You have 30 CALENDAR DAYS after this summons and ~gal papers are served on you to file a written response at this court and ha"v'S a copy
sen..sed on me plaintiff. A letter or phone call wm not protect you. Your V.-'ffuen response must be in proper regal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (ltVww.courtinfo.ca.gov/selfhefp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. if you do not file your respor.se on time, you may lose the case by default, and your wages, money, and property
may be ta~en without further v.aming from t"Je court.
The:r.e are ather iegal requirements. You may \vant to ca!l an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups. at the .Calirornia Legal Services Web site (~,;vvw.fewheipcalifomia. org:}, the California CourLS Online Se!f-Help Center
(wt~>r.w.courtinfo..ca.gov!setfhe!p), or by contacting your iocal court or cot.mty bar association. NOTE: Too court has a statutory lien for waived fees and
costs em any settiernent or adbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
JA.VISO! Lo han demandado. Sino responde dentro de 30 dias, fa corte puede decidir en su contra sin escuchar su version. Lea I? infonnaci6n a
continuaci6n.
TJ:ene 30 DfAS DE CALENDARIO despues de .que ie entrsguan esta citaci6tJ y papefes legales para pmsentar una respuesfa por escrfto en este
corte yhacer que se entregue una copia af demandanie. Una carte o une f!amada telef6rrica nolo prategen. Su respuesia por escrito tiene que ester
en formato legal correcto si desea que procesen su caso en Ia corte. Es posibfe que haya un formulario que usted pueda user para su respueste.
Puede enoontrar estos formularios deJa carte y mas informad6n en e! Centro de Ayuda de las Cortes de Cafifomia (vvv.w.sucorte.ca.gov), en Ia
bibfiataca de Jayes de su condado o en Ja corte que Je quede mas cerca. Sf no puede pager fa cuota de pfe-sentaci6n, pida aJ seorotario ds ta carte
que Jade un formufario de -exend6n de pago de Cl.lotas:. Sf nc presenta su respuesta a fiempo, pued-e parder et caso {XX ir$Cllmpfimiento y Ia corte fe
podra quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendabJe que flame .a un abogado inmediatamente. Sino cor,oce a un abogado, puede !lamar a un servicio de
ramisi6n a abogedos. Sf no puede pager a un abogado, es posible que cumpla con los requlsitos para obtener senticios legales gratuitos de 1..m
pragrama de seMcios Je.;,ales sin fines de Iuera. Puede encontrar estos grupos sin fines de Iuera en el silio \Wb de Califomia Legal Services,
('b"Vt'W.lawhelpca!ffomia.org), en el Centro de Ayuda de las Cortes de Cafifomfa., (v."#W.sucorte.ca.gnv) o poniendose en contacto con ia corte o ef
co/egio de abogados locales. A VISO: Por ley, Fa corte tiene derecho a recfamar las cuotas y los costas exentos por imponer un r;rava.men sabre
cuaJquier recuperaci6n de $10,000 6 mas de vaior reelbide mediante un acuerdo o una concesi6n de arbitraje en tm caso de derecho civil. T!Gne que
pagar ef gravamen da fa corte- antes d-e que Ia corte pueck. de.sechar ef caso.
The name and address of the court is:
(EI nombre y direcci6n de fa corte es):
CASE II/UMBER:
(f.Jumero del Caso):
I
Superior Court of CaHfomial County of Los Angeles stanley Mosk Courthouse
111 N. HUI Street, Los Angeles, CA 90012
BC 57 6 4 3 7
Tne name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is;
(Ef nombre, Ia direcci6n y el numero de te/efono del aboge.do del demandante;J#jj;L_~emandant.e que no tiene abogado, es):
John H. ~~mez, Esq. (SBN 171485) John P. Fiske (SBN 249256}
~'"~/!,fJ,
,
Gomez l nal Attorneys
o~f#Ji!!@'kSftt~l r.
655 West Broadway, Suite 1700, San Diego, DA 92101 (619) 237-3490
2
DATE:
(Fecha)
MAR 3-2015
Clerk, by
(Secretario)
rfl.
·'frJI(!JV'kd.
. "'if
, Deputy
----------==:.!!=H-~.,...,._ (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de ent.reg.a de esta citati6n usee/ formufario Proof of Service of Summons, (POS-010)).
\ ;sEALJ
I
NOTICE TO THE PERSON SERVED: You are served
1.
as an individual defendant.
2.
as the person Sl,Jed under the fictitious name of (specify):
D
D
i
3.
0 on behalf of (specify}:
under:
CCP 416.10 (corporation)
CCP 416.20 (defunct corporation)
CCP 416.40 (association or partnership)
other (specifi;):
0
0
0
D
4.
Forr;1 :\dopled fa:- Mandatory l.l:ae
Judki.el C.O'...:n:::..ii cl Ca.!ifr.:nia
SVM- ·, OC LR.ev. July <,, 200il]
D
0
0
CCP 416.60 (minor)
CCP 416.70 (conservatee)
CCP 4i6.90 (authorized person)
by personal delivery on (date):
/.:.. mer~....2n Le;a!t.Jei, Inc.
'.V,..,.\V. Fcrms V¥or*t7Gw
c"Drn
Codti of
§§ 4i2 ..;_-.:;, c.ss
wu-r.:·rr.if::..c:a.gcv
Ci\r~1 Fro':"'<::Ck~e.
'lt.'V,'l-'i'
MC-025
CASE NUMBER:
SHORT TITLE:
-
Schelitzche v. Townsend Farms, Inc. et al.
ATTACHMENT (Number): ....:.!_ _ _ _ __
{This Attachment may be used with any Judicial Council form.)
FALLON TRADING CO., INC., a Pennsylvania Corporation; UNITED JUICE CORP., a New Jersey
Corporation.; GOKNUR GIDA MADDELERI ITH. lliR. TIC. VE SAN. A .S. dba GOKNUR FOODSTUFFS
IMPORT EXPORT TRADING and PRODUCTION CO., a Turkish company doing business in California; ;
and DOES 1 through SO, inclusive,
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
FOfm Approved for Optional Use
J~dic!al Council of CaiWomia
MC-025 [Rev. Ju!y 1, 2009]
ATTACHMENT
to Judicial Council Form
Page
2
of
2
(Add pages as required)
www. courtinfo.ca.gov
1 John H. Gomez (SBN 171485)
John P. Fiske (SBN 249256)
2 GoMEZ TRIAL ATTORNEYS
655 W. Broadway, Suite 1700
3 San Diego, California 92101
Telephone: (619) 237-3490!Fax: (619) 237-3496
4
Ron Simon{Texas BarNo. 00788421)
5 RON SIMON & ASSOCIATES
800 Gessner Road, Suite 1240
6 Houston, Texas 77024
Telephone: (713) 335-4900/Fax: (713) 335-4949
7 (Pending Pro Hac Vice)
8 Attorneys for Plaintiffs
9
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNift...
10
IN AND FOR THE COUNTY OF LOS AN"GELES
11
DARLA SCHELITZCHE, Individually and
behalfofthe ESTATE OF VIRGINIA
13 JOLSON, DARYL JOLSON, D.A~E
JOLSON)DAV1DJOLSON,DONALD
14 JOLSON, AND DIANE VOSS,
12
15
Plaintiffs,
16 vs.
17
19
20
21
22
23
24
25
576437
)
TOWNSEND FARM:S; INC., an Oregon
Corporation; COSTCO WHOLESALE
CORPORATION~ a Washington Corporation;
PURELY POMEGRANATE, INC., a
California Corporation; FALLON TRADING
CO., INC., a Pennsylvania Corporation;
UNITED JUICE CORP., aNew Jersey
Corporation.; GOKNUR GIDA
MADDELERI ITH. IHR. TIC. VE SAN. A.S.
dba GOKL'IDR FOODSTUFFS IMPORT
EXPORT TRADING and PRODUCTION
CO., a Turkish company doing business in
California; ; and DOES 1 through 50,
inclusive,
18
) Case No.
)
)
)
)
) COI\1PLAINT FOR DAM:AGES
)
)
)
)
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
I
r
26
il
27
:1
Plaintiffs, by and through their attorneys of record Ron Sh-no:n & Associates and Gomez Trial
281 Attorneys, hereby allege as follows:
!
l
II
COlHPL~fNT FC.R DAl\iA.GES
PARTIES
1
2
1.
Plaintiff DARLA SCHELITZCHE, Individually and on behalf of the ESTATE OF
3 VIRGINIA JOLSON, is a resident of Tucson, Arizona. DAVID JOLSON is a resident of Oro Valley,
4 Arizona. DARYL JOLSON is a resident of Silver Bay, Minnesota. DALE JOLSON is a resident of
5 Wyoming, Minnesota.
DONALD JOLSON and DIANE VOSS are residents of Minneapolis,
6 Minnesota. All are surviving children of the deceased VIRGINIA JOLSON, and are collectively
7 referred to as ''Plaintiffs".
8
2.
Defendant TOWNSEND FARMS, INC. (hereinafter "Townsend") is an Oregon
9 corporation headquartered in Fairview, Oregon that manufactures, distributes and sold the Townsend
10 Farms Organic Antioxidant Blend product to Costco Wholesale Corporation. It may be served through
11 its agent for service of process, BLEC Registered Agent Services, Inc., at 5300 Meadows Road, Suite
12 200, Lake Oswego, Oregon 97035.
13
3.
Defendant COSTCO WHOLESALE CORPORATION (hereinafter "Costco") is a
14 Washington corporation headquartered in Seattle, Washington.
Costco sold the Townsend Farms
15 Organic Antioxidant Blend product to consumers. Costco may be served through its agent for service
16 of process, CT Corporation System, at 818 West Seventh Street, Los Angeles, California 90017.
17
4.
Defendant PURELY POMEGRANATE, INC. (hereinafter "Purely Pomegranate") is a
18 California corporation that manufactures, distributes and/or sells pomegranate products, including
19 pomegranate seeds, to consumers and to other food manufacturing businesses for use in their consmner
20 products. Purely Pomegranate manufactured, sold, and/or distributed pomegranate seeds to Townsend
21 which were included in the Townsend Farms Organic Antioxidant Blend product.
Purely
22 Pomegranate may be served through its agent for service of process, Norm Tamkin, at 15760 Ventura
23 Blvd., Suite 1700, Encino, California 91436.
24
5.
Defendant FALLON TRADING CO., INC., (hereinafter "Fallon Trading") is a
25 Pennsylvania corporation that imports, manufactures, distributes and/or sells pomegranate products,
26 including pomegranate seeds, to consumers and to other food manufacturing businesses across the
27 country. Fallon Trading imported, manufactured, distributed, and/or sold pomegranate seeds to Purely
28 Pomegranate which were included in the Townsend Farms Organic Antioxidant Blend product. At all
-2CO~~TFORDAMAGES
times, Fallon Trading carried on at its business location at 35 Schultz Road, Green Lane, Pennsylvania.
2 It may be served through its agent for service of process, Amanda Fallon, at 35 Schultz Road, Green
3 Lane, Pennsylvania 18054.
4
6.
Defendant UNITED JUICE CORP., (hereinafter " United Juice") is a New Jersey
5 corporation that imports, manufactures, distributes and/or sells pomegranate products, including
6 pomegranate seeds, to consumers and to other food manufacturing businesses across the country.
7 United Juice imported, manufactured, distributed, and/or sold pomegranate seeds to Fallon Trading
8 which were included in the Townsend Farms Organic Antioxidant Blend product. At all times, United
9 Juice carried on at its business at 9019 River Road 2nd Floor, Rochelle Park, New Jersey. It may be
10 served through its agent for service of process, Primary Business Services, Inc., 114 Essex Street,
11 Rochelle Park, New Jersey 07662.
12
7.
Defendant GOKNUR GIDA MADDELERI ITH. IHR. TIC. VE SAN. A.S. dba
13 GOKNUR FOODSTUFFS IMPORT EXPORT TRADING and PRODUCTION CO. (hereinafter
14 "Goknur") is a Turkish company who manufactures, distributes, and sells pomegranate seeds which
15 were included in the Townsend Farms Organic Antioxidant Blend product. It may be served through
16 the Hague by service on the Ministry of Justice, General Directorate of International Law and Foreign
17 Relations, Mustafa Kemal Mahallesi, at 2151 Cadde No:34/A Sogiitozii, Ankara, Turkey.
18
8.
Plaintiffs do not know the true names and capacities, whether corporate or otherwise, of
19 those Defendants sued herein as DOES 1 through 50, inclusive, and Plaintiffs pray leave that when the
20 true names of said Defendants are ascertained Plaintiffs may amend this complaint to insert the same
21 with appropriate allegations. Plaintiffs are informed and believe, upon such information and belief,
22 allege that each of the Defendants designated herein by such fictitious names are responsible in some
23 manner for the events described herein, and caused injuries and damages to Plaintiffs.
24
JURISDICTION AND VENUE
25
9.
Plaintiffs hereby incorporate paragraphs 1 through 8 above.
26
10.
Jurisdiction and venue are proper in California because the Defendants conduct regular
27 business activities in California and Purely Pomegranate's headquarters is located in Los Angeles
28 County, California. Further, Defendants engage in substantial, continuous, and systematic contacts
·3COMPLAINT FOR DAlV~GES
1 with the State of Califorina, purposefully directing their activities towards California, including the
2 placement of their goods into the stream of commerce with the intent and expectation that they will
3 likely be repurchased and used by consumers in California.
This litigation arises out of those
4 activities.
GENERAL ALLEGATIONS
5
6
11.
Plaintiffs hereby incorporate paragraphs 1 through 10 above.
7 About Hepatitis A Virus
8
12.
Hepatitis A (formerly known as infectious hepatitis) is an acute infectious disease of
9 the liver caused by the hepatitis A virus (HAV), a virus usually spread by the fecal-oral route, with
10 infection often being traced to conditions of poor sanitation. In addition, the HAV virus is highly
11 resilient, and is resistant to detergent, acid (pH 1), solvents (e.g., ether, chloroform), drying, and
12 temperatures up to 60 °C. It can survive for months in fresh and salt water, as well as in frozen
13 products.
14
13.
Following ingestion, HAV enters the bloodstream through the epithelium of
15 the oropharynx, or intestine. The blood carries the virus to its target, the liver, where it multiplies
16 within hepatocytes and Kupffer cells. As a result, virions are secreted into the bile and released in
17 stool. HAV is excreted in large quantities approximately 11 days prior to appearance of symptoms or
18 anti-HAV IgM antibodies in the blood. The incubation period is 15-50 days, with a mortality rate of
19 one-in-two hundred.
20
14.
Hepatitis A is an acute illness, which means that the symptoms can come on suddenly
21 and sharply, causing a range of clinical problems from mild illness with no symptoms to more severe
22 illness. Typical symptoms include fatigue, nausea, vomiting, abdominal pain or discomfort (especially
23 in the area of the liver beneath the lower ribs on the right side), loss of appetite, low-grade fever, dark
24 urine, muscle pain, and yellowing of the skin and eyes (jaundice). But HAV is also one of several
25 types of hepatitis viruses that can cause inflammation that affects a liver's ability to function, and in
26 some cases can cause liver failure, chronic liver disease, or even death.
27 The HAV Outbreak
28
15.
On May 31 , 2013, U.S Centers for Disease Control and Prevention ("CDC") announced
-4COMPLAINT FOR DAMAGES
1 that it was collaborating with public health officials in several states and the U.S. Food and Drug
2 Administration ("FDA") to investigate a multistate outbreak of at least 30 HAV infections. According
3 to the CDC, the first outbreak infection presented with symptoms of HAV on March 31st. Thereafter,
4 the number of victims began to grow, and the U.S. Food and Drug Administration (FDA) and Centers
5 for Disease Control and Prevention (CDC) joined state and local health agencies in the investigation.
6
16.
Within days, the FDA, CDC, and state and local investigators had identified Townsend
7 Farms Organic Antioxidant Blend frozen berries as the common food shared by the victims.
8
17.
On June 4, 2013, Townsend Farms issued the first recall of certain lots of its frozen
9 Townsend Farms Organic Antioxidant Blend. The product was sold in 3 lb bags at Costco warehouse
10 stores.
11
18.
On June 28, 2013, Townsend Farms expanded the recall.
12
19.
The FDA, employing traceback and traceforward investigations, and the CDC,
13 employing epidemiological investigation, also determined that the vehicle for the hepatitis A virus was
14 a common shipment of pomegranate seeds from Turkish company Goknur which were used in the
15 Townsend Farms Organic Antioxidant Blend.
16
20.
On June 29, 2013, the U.S. Food and Drug Administration (FDA) announced it would
17 detain shipments of pomegranate seeds from Goknur when offered for import into the United States. .
18
21.
As of July 15, 2013, the FDA placed Goknur on two separate Import Alerts (Import
19 Alert 99-23 and Import Alert 99-35). The epidemiological and traceback evidence developed in this
20 investigation supported the placement of pomegranate products produced by Goknur on both alerts. All
21 future shipments of pomegranate seeds from Goknur were suspended at that time.
22
22.
Duririg the course of the investigation into the origin of the hepatitis A outbreak, the
23 CDC also sought to identify the victims. Many of the victims in this outbreak were not properly
24 diagnosed with acute hepatitis A infection. Many tested positive for hepatitis A antibodies but were
25 not tested for acute, recent onset of hepatitis. Others tested positive for hepatitis A infection but the
26 sample was not preserved for determination of genotype.
27
23.
In analyzing the clinical specimens of at least 117 of the victims, officials identified the
28 outbreak strain of hepatitis A virus as belonging to genotype 1B. This genotype is rarely seen in the
-5COMPLAINT FOR DAMAGES
1 Americas but circulates in North Africa and the Middle East.
2
24.
Even given these difficulties, the CDC conclusively identified 165 people as having
3 acquired hepatitis A from consuming Townsend Farms Organic Antioxidant Blend. The confirmed
4 cases were identified in 10 states, including Arizona (24), California (80), Colorado (29), Hawaii (8),
5 New Hampshire (1), New Jersey (1), New Mexico (11), Nevada (6), Utah (3), and Wisconsin (2). At
6 least eight of the confirmed cases were secondary infections from those who had consumed the
7 Townsend Farms Organic Antioxidant Blend.
8
25.
Among the confirmed victims for whom the information was available, the onset dates
9 ranged from March 31, 2013 to August 12, 2013. Approximately 55% of the victims were women,
10 and at least 11 children were confirmed as outbreak victims.
11
26.
Also according to the CDC, this was not the first time imported berries had led to an
12 outbreak of hepatitis A. Two recent outbreaks of HAV, in Europe in 2012/2013 and in British
13 Columbia in 2012, were also linked to imported frozen berries. In the British Columbia outbreak, the
14 infection was traced to pomegranate seeds from Egypt. In the European outbreak, the infection was
15 traced to frozen berries from Egypt, Morocco, and/or Turkey.
16 Virginia Jolson's Hepatitis A Dlnesses
17
27.
Virginia Jolson was an unusually active 89 year old who lived an independent life in her
18 own home. She enjoyed a healthy diet complete with breakfast smoothies made with, among other
19 natural ingredients, Townsend Farms Organic Antioxidant Blend frozen berries. She consumed the
20 Townsend Farms Organic Antioxidant Blend frozen berries daily in the days leading up to her illness.
21 In fact, she even made a point of discussing this habit with her daughters, noting that she preferred
22 Townsend Farms' particular mix of frozen berries because they contained pomegranate seeds which
23 she believed to have effective antioxidant properties.
24
28.
Unfortunately, after consuming these berries, on or about March 31 , 2013, Virginia
25 began to feel ill. When her condition deteriorated, she presented to St. Mary' s Hospital with a history
26 of nausea, vomiting and generalized weakness.
The attending physicians ordered a lipase test,
27 urinalysis, morphology, manual Diff, a CBC, and a CMP. Remarkable among the results were stark
28 elevations in certain liver markers, including bilirubin, alkaline phosphate, AST and ALT levels. Due
-6COMPLAINT FOR DAMAGES
I to the highly abnormal liver function results, the attending physician ordered a full hepatitis panel
2 which came back positive for hepatitis A lgM, indicative of an acute hepatitis A infection.
3
29.
By April 11th' Virginia' s ALT had surpassed 4000.
The hepatitis A infection led
4 directly to fulminant liver failure. This led to acute renal failure secondary to hepatorenal syndrome.
5 The attending physicians called in specialists for palliative care, nephrology, and gastroenterology.
6
30.
By April 14th, Virginia' s renal function had deteriorated to the point where her
7 physicians placed her on dialysis and started her on lactulose administration. By now, her platelet
8 count was down to 40,000.
9
31.
On April 18th, doctors transferred Virginia to the intensive care unit, and by the 25th, her
I 0 condition had deteriorated to the point that a chest catheter had to be placed. The physicians had
11 begun to use aggressive treatments that included magnetic resonance cholangiopancreatography,
12 femoral dialysis catheter placement and subsequent removal, echocardiogram right U placement of
13 tunneled dialysis catheter, right upper quadrant sonogram, and EGD.
They also treated Virginia
14 pharmacologically with heparin, rifaximin, Aranesp, Midodrine, Protonix, levothyroxine, Solu-Medrol,
15 Vitamin K to combat renal failure, and daily eye drops.
16
32.
Despite these aggressive therapies and the array of medications, Virginia' s deterioration
17 could not be stopped. According to one physician: "her liver has just never turned around. . . . Ms.
18 Jolson remains hypotensive, on pressors, I believe, mainly due to her liver failure."
19
33.
By May 5th, Ms. Jolson' s platelet count had dropped to 33,000, and her physicians
20 ordered the heparin suspended because Virginia tested positive for HIT antibodies. This left her at a
21 ''very high risk" of deep vein thrombosis.
22
34.
After 28 days, doctors suspended the aggressive care, with one physician telling family
23 members that "her liver simply has not been able to recover."
24
35.
By May 6tlt, Virginia' s physicians began the process of transferring her to home hospice
36.
Unfortunately, Virginia passed away on May 7tlt. Virginia' s death certificate identifies
25 care.
26
27 "acute, fulminant hepatitis A" as the immediate cause of her death.
28
37.
Virginia left 6 surviving children.
-7CO~~
FOR DAMAGES
1
FIRST CAUSE OF ACTION
2
(Strict Products Liability)
3
38.
Plaintiffs hereby incorporate paragraphs 1 through 37 above.
4
39.
At all times, Defendants were in the business of importing, manufacturing, distributing,
5 and/or marketing pomegranate seeds for incorporation into the Townsend Farms Organic Antioxidant
6 Blend (''product" ).
7
40.
There was a manufacturing defect in the product when it left Defendants' possession
8 and control. The product was defective because it contained HAV. The presence of HAV was a
9 condition of the product that rendered it unreasonably dangerous.
10
41.
There was a marketing defect in the product when it left Defendants' possession and
11 control. The product was defective because it contained HAV and Defendants failed to give adequate
12 warnings of the product' s dangers that were known or by the application of reasonably developed
13 human skill and foresight should have been known. Defendants also failed to give adequate warnings
14 and instructions to avoid such dangers. Defendants' failure to provide such warnings and instructions
15 rendered the product unreasonably dangerous.
16
42.
Defendants' conduct was a direct, proximate, and producing cause of Plaintiffs' injuries
17 and damages set forth below.
18
43.
Defendants are therefore strictly liable for importing, manufacturing, distributing,
19 marketing, and selling defective and unreasonably dangerous product and introducing it into the stream
20 of commerce.
21
SECOND CAUSE OF ACTION
22
(Negligence, including Negligence Per Se)
23
44.
Plaintiffs hereby incorporate paragraphs 1 through 43 above.
24
45.
Defendants owed Plaintiffs a duty of ordinary care in the manufacture, preparation,
25 testing, packaging, marketing, distribution, and selling of the product in question. Further, Defendants
26 owed Plaintiffs the duty of warning or instructing Plaintiffs of potentially hazardous or life-threatening
27 conditions with respect to the product.
28
46.
Defendants breached their duties in one or more of at least the following ways:
-8CO~~
FOR DAMAGES
1
a.
negligently importing, manufacturing, distributing, and marketing the product;
2
b.
failing to properly test the product before placing it into the stream of
commerce;
3
c.
4
failing to prevent human and/or animal feces from coming into contact with the
product;
5
d.
6
failing to adequately monitor the safety and sanitary conditions of their
premises;
7
e.
8
9
failing to apply their own policies and procedures to ensure the safety and
sanitary conditions of their premises;
10
f.
failing to adopt and/or follow FDA recommended good manufacturing practices;
11
g.
failing to take reasonable measures to prevent the transmission of HAV and
12
related filth and adulteration from their premises;
h.
13
failing to properly train and supervise their employees and agents to prevent the
transmission ofHAV and related filth and adulteration from their premises;
14
i.
15
failing to warn Plaintiffs and the general public of the dangerous propensities of
16
the fruit mix, particularly that it was contaminated with HAV, despite knowing
17
or having reason to know of such dangers; and
j.
18
associated with the product.
19
20
failing to timely disclose post-sale information concerning the dangers
47.
Furthermore, Defendants had a duty to comply with all applicable health regulations,
21 including the FDA"s Good Manufacturing Practices Regulations, 21 C.P.R. part 110, subparts (A)22 (G), and all statutory and regulatory provisions that applied to the import, manufacture, distribution,
23 storage, and/or sale of the product or product ingredients, including but not limited to, the Federal
24 Food, Drug, and Cosmetics Act, § 402(a), as codified at 21 U.S.C. § 342(a), which bans the
25 manufacture, sale and distribution of any "adulterated" food, California's Sherman Food, Drug, and
26 Cosmetic Act, CA Health & Safety Code § 110545, which imposes an identical ban, and Arizona
27 Revised Statutes, Title 36, Chapter 8, Article 1, § 36-902, et seq., which prohibits the manufacture,
28 delivery, sale, holding, and/or offering for sale of adulterated food products.
-9COMPLAl'NT FOR DAMAGES
1
48.
Under both federal and applicable state law, food is adulterated if it contains a
2 "poisonous or deleterious substance which may render it injurious to health.''
3
49.
The product was adulterated because it contained hepatitis A. Thus, by the import,
4 manufacture, distribution, delivery, storage, sale, and/or offering for sale of the product and/or the
5 product's ingredients, Defendants breached their statutory and regulatory duties.
6
50.
Plaintiffs were members of the classes sought to be protected by the regulations and
7 statutes identified above.
8
51.
Defendants' conduct was a direct, proximate, and producing cause of Plaintiffs' injuries
9 and damages set forth below.
10
52.
All dangers associated with the product were reasonably foreseeable and/or
11 scientifically discoverable by Defendants at the time Defendants placed the product into the stream of
12 commerce.
13
THIRD CAUSE OF ACTION
14
(Breach of Implied Warranties)
15
53.
Plaintiffs hereby incorporate paragraphs 1 through 52 above.
16
54.
Defendants are merchants who manufacture, import, distribute, and market product.
17
55.
Plaintiffs are consumers.
18
56.
Defendants breached the implied warranty of merchantability by impliedly warranting
19 that their product was of merchantable quality and fit for human consumption when it was not due to
20 the presence of HAV. Plaintiffs reasonably relied upon Defendants' skill and judgment as to whether
21 the product was of merchantable quality and fit for human consumption.
22
57.
Defendants breached the implied warranty of fitness for a particular purpose by holding
23 out unreasonably dangerous product (i.e. product containing HA Jl) to the public as being safe when
24 they knew or had reason to know that the product was not safe and that the public would consume the
25 product.
26
58.
Defendants did not disclaim these implied warranties.
27
59.
Defendants' conduct was a direct, proximate, and producing cause of Plaintiffs' injuries
28 and damages set forth below.
~10-
COMPLAINT FOR DAMAGES
DAMAGES
1
2
60.
Plaintiffs hereby incorporate paragraphs 1 through 59 above.
3
61.
Defendants' conduct was a direct, proximate, and producing cause of Virginia Jolson's
4 wrongful death and Plaintiffs' resulting injuries and damages, including but not limited to damages in
5 the past and future for the following: all recoverable wrongful death and survival action damages
6 including but not limited to loss of love, affection, companionship, care, protection, and guidance,
7 pain, grief, sorrow, anguish, stress, shock, and mental suffering, medical and pharmaceutical expenses,
8 travel and travel-related expenses, funeral and burial expenses, mental anguish, physical impairment,
9 physical disfigurement, loss of enjoyment of life, emotional distress, loss of consortium, and other
10 general, special, ordinary, incidental, consequential, punitive and/or exemplary damages, and
11 attorneys' fees (to the extent recoverable) as would be anticipated to arise under the circumstances.
12
62.
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
13
a.
Past and future economic and non-economic damages;
14
b.
Court costs;
15
c.
Pre- and post-judgment interest at the highest rate allowed by law; and
16
d.
For such other general and special relief as the Court deems just and proper.
17
18
DEMAND FOR JURY TRIAL
Plaintiffs demand a jury trial for all triable claims.
19 Dated: March 23, 2015
GOMEZ TRIAL ATTORNEYS
20
21
22
23
24
25
26
RON SIMON & ASSOCIATES
Ron Simon, Esq.
(Pending Pro Hac Vice)
Attorneys for Plaintiffs
27
28
-11COMP~FORDAMAG~
CM-015
ATTOR:.-.!EY OR P.t;RTY \NITHOUT ATTORNEY (Name, Siale Ektr mmwar, ii!Ui addraEJS):
FOA' COURT USE ONLY
John H. Gomez (SBN 171485) John P. Fiske (SBN 249256)
- Gomez Trial Attorneys
655 \Vest Broadv;ay; Suite 1700
San Diego, CA 92101
TELEPHONE NO.: 619-23 7-34 90
FAX NO. (Opikmef): 619-:23 l -3 496
E-MAIL ADDREss roptJonao: [email protected]
ATTORNEY FDR (Nerne): Plaintiff Darla Schelitzche et aL
CONFORMED COPV
ORIGINAL FILED
Superior Court of California
Countv of Los AnnP.'As
MAR 2 3 2015
Sherri R. Carter, Executlv& un,cer/Cierk
By Shaunya Bolden. Deoutv
LOS A_NGELES
111 N. Hill Street
111 N. Hill Street
Los Angeles, CA 90012
Stanley Mosk Courthouse
SUPERiOR COURT OF CALIFORNIA, COUNTY OF
sTREET ADDRES-s:
MAJuNG ADDRESs:
CITY AND ZIP cone:
BRANcH NAME:
PLAINTtFFIPETmONER:
DEFENDA."''T/RESPONDENT:
BC 57 s· 4 3 7
CASE NUMBER:
Darla Schelitzche et al.
Tovmsend Fanns, Inc. et al
JUDICIAL OFFICER:
DEPT.:
t.JOTfCE OF RELATED CASE
Identify, in chronologicaf order according to date of filing, all cases related to the case referenced above.
1. a. Title: Townsend Farms Organic Anti~Oxidant Blend Cases
JCCP 4812
b. Case number:
c. Court: [ { ]
same as above
CJ
other state or federal court (name and address):
d. Department:
e. Case type:
f. Filfng date:
g.
324
CJ
limited dvH [ { ] unlimited civii
CJ
probate
c=J
family law
c.:J
other (specify):
12/1/2014
Has this case been designated or determined as "complex?"
[{]
Yes
0
No
h. Relationship of this case to the case referenced above (check all thatappfy):
[ZJ
involves the same parties and is based on the same or similar claims.
[=:J
arises from the same or substantiatly identical transactions, incidents, or events requiring the determination of
CJ
involves claims against, title to, possession of, or damages to the same property.
the same or substantially identical questions of law or fact.
is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.
r=J
Additional explanation is attached in attachment 1 h
L Status of case:
[ZJ
pending
I
\
dismissed
I
!
disposed of by judgment
D
with
CJ
without prejudice
2. a. Title:
b . Case number:
c. Court:
·same as above
other state or federal court (name and address):
d. Department:
Farm Aoproved f(:;.r Opiional Uss
Judicial Council cri Caiiiomia
CM-015 [Rev. July 1, 20D7J
NOTICE OF RELn\TED CASE
Cal. Rules of Court, r,Jfe 3.300
Wl't'W.courtir.fo. ca.gov
CM-015
PLAINTIFF/PETITIONER:
IDEFENDANT/RESPONDENT:
CASE NUMBER:
Darla ScheJitzche et al.
Townsend Farms, Inc. et al.
2. (continued)
D
e. Case type:
limited civil
D
unlimited civil
D
probate
D
family law
D
other (specffy):
f. Filing date:
D
g. Has this case been designated or determined as "complex?"
D
Yes
No
h. Relationship of this case to the case referenced above (check all that apply):
0
Involves the same parties and is based on the same or similar claims.
D
arises from the same or substantially identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.
D
involves claims against, title to, possession of, or damages to the same property.
0
is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.
D
Additional explanation is attached in attachment 2h
i. Status of case:
3.
a.
D
pending
D
dismissed
0
disposed of by judgment
D
D
with
without prejudice
Title:
b. Case number:
c. Court:
D
D
same as above
other state or federal court (name and address):
d. Department:
e. Case type:
D
limited civil
D
unlimited civil
D
probate
D
family law
Yes
D
D
other (specify):
f . Filing date:
g. Has this
case been designated or determined as •complex?"
D
No
h. Relationship of this case to the case referenced above (check all that apply):
D
D
involves the same parties and is based on the same or similar claims.
arises from the same or substantially Identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.
D
Involves claims against, title to, possession of, or damages to the same property.
D
Is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.
D
Additional explanation is attached In attachment 3h
i. Status of case:
4.
0
Date:
D
D
pending
CJ
disposed of by judgment
dismissed
D
with
D
without prejudice
Additional related cases are described in Attachment 4. Number of pages attached: _ __
March 23, 2015
John P. Fiske, Esq.
(TYPE OR PRINT NAME OF PARTY OR ATTORNEY)
CM~15
[Rev. Ju:y 1. 2007]
NOTICE OF RELATED CASE
Page2 Df3
CM-015
-
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
Darla Schelitzche et al.
Townsend Farms, Inc. et al.
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF RELATED CASE
(NOTE: You cannot serve the Notice of Related Case if you are a party in the action. The person who served the notice must
complete this proof of service. The notice must be served on all known parties in each related action or proceeding.)
1. I am at least 18 years old and not a party to this action. I am a resident of or employed In the county where the mailing took
place, and my residence or business address Is (specify):
2.
I served a copy of the Notice of Related Case by enclosing it in a sealed envelope with first-class postage fully
prepaid and (check one):
a.
D
b.
D
deposited the sealed envelope with the United States Postal Service.
placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which I am readily familiar. On the same day correspondence Is placed for collection and mailing, it ~s
deposited in the ordinary course of business with the United States Postal Service.
3. The Notice of Related Case was mailed:
a.
on (date):
b. from (city and state):
4. The envelope was addressed and mailed as follows:
a. Name of person served:
Street address:
Street address:
City:
City:
State and zip oode:
State and zip code:
b. Name of person served:
D
c. Name of person served:
d. Name of person served:
Street address:
Street address:
City:
City:
State and zip code:
State and zip code:
Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF DECLARANT)
CM-015 [Rev. July 1, 2007]
(SIGNATURE OF DECLARANT)
NOTICE OF RELATED CASE
Pa1J93 of3
1
SHORT TITLe:
~
i
BG 57 6 4 3 7
CASE NUMBER
Sch~ttzchecla!.v.~nsendF_a_rm~s_,_~_c_._e_t_a_!.~~~~~~~~~~,~~~~~~~~~~~~~~~~~~
SHEET ADDENDUM AND
OF LOCA"nON
(CERT~FiCATE OF GROUNDS FOR ASS~GNMENT TO COURTHOUSE LOCATION)
STATEfir~ENT
This form is required pursuant to Local Rule 2.0 in aH new civil case nHngs In the Los Ange~as Superior Court.
!Item l. Check the iypes of hearing and fill in the estimated length of hearing expected for this case:
JURYTRIAL?
~YES
CLASSACTION?
0
YES LIMITEDCASE? DYES
0 HOURS/0 DAYS
TIMEESTIMATEDFORTRIAL 10
Hem H. Indicate the correct district and courthouse location (4 steps -If you checked "Limned Case", skip to Item Hl, 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. one Superior Court type of action in Column
B
below vvhich 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 exception to the court location, see Local Rule 2.0.
Applicable Reasons "for Choosing Courthouse Location {see Column C be~ow)
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:
6. Location of property or permanently garaged vehicle.
7. Location where petitioner resides.
B. Location wherein defendant/respondent functJons wholly.
9. Location where one or more of the oarties reside.
10. Location of Labor Commissioner Office
Fill in the information requested on page 4 in Item Ill; complete Item IV. Sign the declaration.
A
B
Civil Case Cover Sheet
Category No.
Type of Action
(Check only one)
Auto (22)
i
c
1
Apphcable Reasons - .
Ses Step 3 Above
lo
A7100 Motor Vehicle - Personal injury/Property Damage/Wrongful Death
i., 2,, 4.
Jo
A7110 Persona! Injury/Property Damage!VVrongfu! Death - Uninsured Motorist
1., 2., 4.
l
Uninsured Mctorisi (46}
Asbestos (04)
lo
Product Uabillty (24)
A6070 Asbestos Property Damage
~ 2.
A7221 Asbestos - Personal Injury/Wrongful Death
~ 2.
f0
A7260 Product Uabl!fty (not asbestos or toxic/environmental)
t i.. 2., 3., 4.• ®
lo
;
A7210 Medical Malpractice - Physicians & Surgeons
r
!
\
~
!; 1., 4.
t
Medical Malpractice (45)
to
{23)
f 1., 4.
A7240 Other Professional Health C$re Malpractice
!
r.o
A7250 Premises Uability (e.g., slip and full)
I
[D
A7230 Intentional Bodily lnjur;/Property Damage!VVrongful Death (e.g.,
assault, vandalism, etc.}
~ 1., 4.
A7270 Intentional fnfliction of Emotional Distress
'
1
!
~
f,
Other
Personal Injury
Property Damage
Wrongful Death
t
I
!o
t!J
r
~ 1.• 4.
~ 1., 3.
~ 1., 4.
AT220 Other Personal Injury/Property DamagalWrongful Death
""""""""
LAC IV i 09 (Rev. 03/1 i )
LASC Approved 03-04
I
I
!o
l
I
CIVIL CASE COVER SHEET ADDENDUM
A.ND STATEMENT OF LOCATiON
Local Rule 2.0
Page 1 of 4
I
CASE NUMBER
SHORTnTLE:
Schelitzche et al. v. Townsend Farms, Inc. et al.
A
B
c
Ctvll Case Cover Sheet
Category No
Type_of Action
(Check only one)
Appltcable Reasons See Step 3 Above
D A6029 Other CommerciaVBuslness Tort (not fraud/breach of contract)
1., 3.
Civil Rights (08)
D A6005 Civil Rights/Discrimination
1 .• 2., 3.
Defamation (13)
D A6010 Defamation (slander/libel)
1., 2., 3.
D A6013 Fraud (no contract)
1., 2., 3.
D A6017 Legal Malpractice
1., 2., 3.
D A6050 Other Professional Malpractice (not medical or legal)
1., 2., 3.
D A6025 Other Non-Personal Injury/Property Damage tort
2.,3.
D A6037 Wrongful Termination
1.• 2., 3.
D A6024 Other Employment Complaint Case
1., 2., 3.
D A6109 Labor Commissioner Appeals
10.
Business Tort (07)
Fraud (16)
Professional Negligence (25)
Other (35)
Wrongful Termination (36)
Other Employment (15)
D A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful
eviction)
Breach of Contract/ Warranty
(06)
(not insurance)
D A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence)
D A6019 Negligent Breach of Contract/Warranty (no fraud)
D A6028 Other Breach of Contract/Warranty (not fraud or negligence)
i
s:::;
0
Insurance Coverage (18)
Other Contract (37)
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (26)
2.• 5.
1., 2 ., 5.
1., 2., 5.
D A6002 Collections Case-Seller Plaintiff
2., 5., 6.
D A6012 Other Promissory Note/Collections Case
2., 5.
D A6015 Insurance Coverage (not complex)
1., 2 ., 5., 8 .
Collections (09)
0
2., 5.
D A6009 Contractual Fraud
1 .• 2., 3., 5.
D A6031 Tortious Interference
1., 2 ., 3., 5 .
D A6027 Other Contract Dispute(not breacMnsurance/fraud/negligence)
1., 2 ., 3., 8.
D A7300 Eminent Domain/Condemnation
Number of parcels_ _
2.
D A6023 Wrongful Eviction Case
2., 6 .
0
2 ., 6.
A6018 Mortgage Foreclosure
D A6032 Quiet Title
2 ., 6.
0
2 ., 6.
A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)
Unlawful Detainer-Commercial
(31)
D A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)
2 ., 6 .
Unlawful Detainer-Residential
(32)
D A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
2 ., 6 .
D A6020F Unlawful Detainer-Post-Foreclosure
2 ., 6.
0
2 ., 6.
Unlawful DetainerPost-Foreclosure (34)
Unlawr.JI Detainer-Drugs (38)
LAC IV 109 (Rev. 03/11)
LASC Approved 03-04
A6022 Unlawful Detainer-Drugs
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
Local Rule 2 .0
Page2 of4
SHORT TITLE:
CASENUt.IBER
Schelitzche et al. v. Townsend Farms, Inc. et al.
A
B
c
C1vll Case Cover Sheet
Type of Action
(Check only one)
Applicable Reasons See Step 3 Mlove
CategOry No
Asset Forfeiture (05)
Petition re Arbitration ( 11)
Writ of Mandate (02)
0 A6108 Asset Forfeiture Case
2., 6.
0 A6115 Petition to CompeVConfirmNacate Arbitration
2 ., 5 .
0 A6151 Writ- Administrative Mandamus
2., 8.
0 A6152 Writ- Mandamus on Limited Court Case Matter
2.
0
2.
A6153 Writ - Other Limited Court Case Review
0 A6150 Other Writ /J udlcial Review
2., 8.
Antitrust/Trade Regulation (03)
0
A6003 Antitrust/Trade Regulation
1., 2., 8 .
Construction Defect (10)
0
A6007 Construction Defect
1., 2., 3.
Claims Involving Mass Tort
(40)
0
A6006 Claims Involving Mass Tort
1., 2., 8 .
Securities Litigation (28)
0
A6035 Securities Litigation Case
1., 2., 8.
Toxic Tort
Environmental (30)
0
A6036 Toxic Tort/Environmental
1.,2., 3., 8.
Insurance Coverage Claims
from Complex Case (41)
0
A6014 Insurance Coverage/Subrogation (complex case only)
1., 2., 5., 8.
Other Judicial Review (39)
Enforcement
of Judgment (20)
RIC0(27)
Other Complaints
(Not Specified Mlove) (42)
Partnership Corporation
Governance (21)
Other Petitions
(Not Specified Above)
(43)
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
0 A6141 Sister State Judgment
2., 9.
0
2., 6.
A6160 Abstract of Judgment
0 A6107 Confession of Judgment (non-domestic relations)
2 ., 9.
0 A6140 Administrative Agency Award (not unpaid taxes)
2., 8.
0
2., 8.
A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax
D A6112 Other Enforcement of Judgment Case
2 ., 8., 9.
0
A6033 Racketeering (RICO) Case
1., 2., 8.
0
A6030 Declaratory Relief Only
1., 2., 8.
0
A6040 Injunctive Relief Only (not domestic/harassment)
2.,8.
0
A6011 Other Commercial Complaint Case (non-tort/non-complex)
1., 2., 8.
0
A6000 Other Civil Complaint (non-tort/non-complex)
1., 2., 8.
D A6113 Partnership and Corporate Governance Case
2., 8.
0
A6121 Civil Harassment
2., 3., 9.
0
A6123 Workplace Harassment
2., 3., 9.
0
A6124 Elder/Dependent Adult Abuse Case
2., 3., 9.
0
A6190 Election Contest
2.
0
A6110 Petition for Change of Name
2., 7.
0
A6170 Petition for Relief from Late Claim Law
2., 3., 4., 8.
0
A6100 Other Civil Petition
2., 9.
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
Local Rule 2 .0
Page 3of4
SHORT TITLE:
CASE NUMBER
Schelitzche et aL v. Townsend Farms, Inc. et aL
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.
ADDRESS:
REASON: Check the appropriate boxes tor the numbers shown
under Column C for the type of action that you have selected for
this case.
818 W. Seventh Street, Los Angeles, CA 90017
01. 02. 03. 04. 05. 06. 07. 08. 09.010.
STATE:
CITY:
Los Angeles
CA
ZIP CODE:
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 properly filed for assignment to the Stanley Mosk
courthouse in the
_c_e_n_tra_r_ _ _ _ _ _ District ofthe Superior Court of California, County of Los Angeles [Code Clv. Proc., § 392 et seq., and Local
Rule 2.0, subds. (b), (c) and (d)).
Dated: March 23, 2015
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, l.ACIV 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 Utem, Judicial Council form CIV-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.
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
Local Rule 2.0
Page 4 of4
q
!\
II
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
NOTICE OF CASE ASSIGNMENT- UNLINHTED CIVIL CASE (NON-CLASS ACTION)
~
BC 5 7 6 4 :3 7
Case Number
THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINT
Your case is assigned for all purposes to the judicial officer indicated below. There is additional information on the reverse side of this form.
ASSIGNED JUDGE
DEPT
ROOM
Hon. Kevin C. Brazile
1
534
Hon. Mitchell L. Beckloff
51
511
Hon. Barbara A. Meiers
12
636
Hon. Susan Bryant-Deason
52
510
Hon. Terry A. Green
14
300
Hon. Steven J. Kleifield
53
513
Hon. Richard Fruin
15
307
Hon. Ernest M. Hiroshige
54
512
Hon. Rita Miller
16
306
Hon. Malcolm H. Mackey
55
515
Hon: Richard E. Rico
17
309
Hon. Michael Johnson
56
514
Hon. Stephanie Bowick
19
311
Hon RolfM. Treu
58
516
Hon Dalila Corral Lyons
20
310
Hon. Michael L. Stem
62
600
Hon. Robert L. Hess ,
24
314
Hon. Mark Mooney
68
617
Hon. Yvette M. Palazuelos
28
318
Hon. William F. Fahey
69
621
Hon. Barbara Scheper
30
400
Hon. Suzanne G. Bruguera
71
729
Hon. Samantha Jessner
31
407
Hon. Ruth Ann Kwan
72
731
Hon. Mary H. Strobel
32
406
Hon. Rafael Ongkeko
73
733
Hon. Michael P. Linfield
34
408
Hon. Teresa Sanchez-Gordon
74
735
Hon. Gregory Alarcon
36
410
Hon. Marc Marrnaro
37
413
Hon. Maureen Duffy-Lewis
38
412
Hon. Elizabeth Peffer
39
415
Hon. Michelle R. Rosenblatt
40
414
Hon. Holly E. Kendig
42
416
Hon. Mel Red Recana
45
529
Hon. Frederick C. Shaller
46
500
Bon. Emilie H. Elias
324
ccw
Hon. Debre Katz Weintraub
47
507
Hon. Elizabeth Allen White
48
506
Hon. Deirdre Hill
49
509
Hon. John L. Segal
50
508
ASSIGNED JUDGE
*Provisionally Complex
Non-Class Action Cases
Assignment is Pending
Complex Determination
DEPT
ROOM
_,...--- 1'\
---------
324
{cw )
~
*Complex
~
All non-class action cases designated as provisionally complex are forwarded
upervising Judge of the mplex Litigation Program located in the Central Civil
West Courthouse (600 S. Commonwealth Ave., Los Angeles 90005}, for complex/n -c.J;tlt~ex determination
to Local Rule 3.3(k). This procedure is for the
purpose of assessing whether or not the case is complex within the meaning of Califo'ilhki . es of Court, rule 3.
ding on the outcome of that assessment, the
case may be reassig~ed _to one of the judges o! the Complex Litigation Program or reassi @1~domly to a court in
istrict.
.
Given to the Plamtiff/Cross-Complamant/Attorney of Record on
LAC IV CCH 190 (RevOS/14)
LASC Approved 05-06
For Optional Use
SHERRl R.
By
NOTICE OF CASE ASSIGNMENT -
UNLIMITED CIVIl CASE
~ R,
Executive Officer/Clerk
~t
, Deputy Clerk
,
Page t of 2