(to. net Cw OR PARTY WITHOUT ATTORNEY (Name. State Bar number. Weedless): FOR COURT USE ONLY Gary A. Dordick, Esq. 128008 NFORMED 023?! GARY A. DORDICK, A LAW CORPORATION 509 South Beverly Drive perlOlCOUlofAnae?es Beverly Hills, California 90212 Sucountv 310-551-0949 855-299-4444 Plaintiffs 0 SUPERIOR COURT OF CALIFORNIA. couurv or LOS ANGELES me? STREET ADDRESS: 1 1 1 North Hil 1 Street I Executive (Hitter! uAluuc ADDRESS: 111 North Hill Street a a uw Angeles, California 90012 tutti Lara all I BRANCH mus: Central District CASE NAME: YELCHINLLC, et a1 . CIVIL CASE COVER SHEET complex case ms??na?on CASE :Anllmitltad Counter Joinder 5 2 a "Wu" . Filed with ?rst appearance by defendant JUDGE: demanded demanded is exceeds or [335) (Cal. RUIES Of Court. rUIe DEPT: items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation [3 Auto (22) Breach of (03) (Cal. Rules of Court. rules 1400-1403) Uninsured motorist (46) Rate 3.740 collections (09) CI Antitrusthrade regulation (03) 33:; Other collections (09, CI Construction defect (10) 9 9 ea on Insurance coverage (18) CI (40) :IAsbestos (o4) Other contract (37) Securities litigation (23) Product liability (24) Real Property Environmentalrroxic tort (30) CI Medical malpractice (45) Eminent I: Insurance coverage claims arising from the Other puppiwn (23) condemnation (14) above listed provisionally complex case Nongupnmn (Other, Ton :1 times (41) Business tortluntair business practice CI cum pmpem (26) Enforcement of Judgment Civil rights (08) Unlawful Detalnor Enforcement of judgment (20) I: Defamation (13) Commercial (31) Miscellaneous Civll Complaint [3 Fraud (16) I: Residential (32) RICO (27) intellectual property (19) I: Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review miscellaneous Petltlon :1 Other tort (35) CI Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) Other petition (not speci?ed above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (as) 2. This case is is not complex under rule 3.400 of the California Rules of Court. Ifthe case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising dif?cult or novel 9. I:l 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 (2. Substantial amount of documentary evidence f. Substantial postjudgmentjudiciai supervision . Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive . Number of causes of action (Specify): 4 . This case CI is is not a class action suit. 6 if there are any known related cases, ?le and serve a notice of related case. (You or 0'50) Date: August 2, 2016 Gary A, Dordigkl Esg. A (TYPE on PRINT NAME) OF PAR 'o ATTORNEY FOR PARTY) NOTICE 0 Plaintiff must ?le this cover sheet with the ?rst paper ?led in the action or proceeding (except small claims cases or cases ?led under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure to file may result in sanctions. 0 File this cover sheet in addition to any cover sheet required by local court rule. 0 If this case is complex under rule 3.400 et 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. 0 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only. Page i of: C81. Rules Of M08 2430. 3.220. 3.4004403. 3,740; I II mq- Standard! 0" CIVIL CASE COVER SHEET Rn] INSTRUCTIONS on HOW TO COMPLETE THE COVER SHEET Gil-07? To Plaintiffs and Others Filing First Papers. If you are ?ling a ?rst paper (for example. a complaint) in a civil case. you must complete and ?le. along with your ?rst 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 ?led. 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 speci?c type of case listed in item 1. check the more speci?c 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 ?led only with your initial paper. Failure to ?le a cover sheet with the ?rst paper ?led 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 de?ned 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 attomey?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 identi?cation 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 ?les 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 ?le and serve no later than the time of its ?rst 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. Auto Tort Auto (22)??Personal DamagelWrongful Death Uninsured Motorist (48) (lithe case involves an uninsured motorist claim subject to arbitration. check this item instead of Auto) Other (Personal Injury! Property Damagelillirongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injuryl Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8. Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fell) Intentional Bodily assault. vandalism) Intentional In?iction of Emotional Distress Negligent Initiation of Emotional Distress Other (Other) Tort Business TortiUnfair Business Practice (07) Civil Rights discrimination. false arrest) (not civil harassment) (08) Defamation slander. libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Tort (35) Employment Wrongful Termination (36) Other Employment (15) came (Rev. Jufy 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of Contractharranty (03) Breach of RentailLease Contract (not unlawful detainer or wrongful eviction) Contractharranty Breach?Seller Plaintiff (not fraud or negligence) Negligent Breach of Contractl Wananty Other Breach of ContractiWarranty Collections money owed. open book accounts) (09) Collection Case?Seller Plaintiff Other Promissory NotelCollectlons Case Insurance Coverage (not provisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainilnverse Condemnation (14) Wrongful Eviction (33) Other Real Property 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 CIVII CARI: COVFP Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3400-1403) Antitrustn'rade Regulation (03) Construction Defect (10) Claims involving Mass Tort (40) Securities Litigation (28) Environmentali'l?oxic Tan (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 (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not speci?ed above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-for?hon-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment . Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Chnge rPetitionior Relief lrom Late Claim I Other Civli'Petition . Panelist: SHORT LLC, et a1. case NUMBER 6 2 9 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.0 in all new civil case ?lings in the Los Angeles Superior Court. item I. Check the types of hearing and ?ll in the estimated length of hearing expected for this case: JURY YES CLASS YES LIMITED YES TIME ESTIMATED HDURSII DAYS Item ll- Indicate the correct district and courthouse location (4 steps if you checked ?Limited Case". skip to Item Pg. 4): Step 1: After ?rst completing the Civil Case Cover Sheet form. ?nd 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 gm: Superior Court type of action in Column below which best describes the nature of this case. Step 3: In Column C. circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location. see Local Rule 2.0. Step 4: Fill in the information requested on page 4 in Item Ill; complete Item IV. Sign the declaration. Applicable Reasons for Choosing Courthouse Location [see Column below) Class actions must be ?led in the Stanley Mosk Courthouse. central district. May be filed in central (other county. or no bodily Injuryiproperty damage). Location where cause of action arose. Location where bodily injury. death or darna occurred. Location where performance required or de endant resides. 6. T. B. 9. 10. Location of property or permanently garaged vehicle. Location where petitioner resides. Location wherein deiendantiresoondent functions wholly. Location where one or more of the Location of Labor Commissioner 0 ice arties reside. A Civil Case Cover Sheet Type of Action Applicable Reasons - Category No. (Check only one) See Step 3 Above 2 Auto (22) A7100 Motor Vehicle - Personal lnjuryIProperty DamageIWrongiul Death 1.. 2? 4_ 3 a: Uninsured Motorist {46) A7110 Personal InjuryiProperty DamageANrongful Death Uninsured Motorist 1.. 2.. 4. i A6070 Asbestos Property Damage 2. Asbestos . :h Asbestos - Personal injurinrongful Death 2 -- 1: 5-. 25. Product Liability {24} AHED Product Liability {not asbestos or toxicienvironmentali 1A7210 Medical Malpractice Physicians 8. Surgeons 1.. .3 3 Medical Malpractice . . A7240 DtherProtesSIonal Health Care Malpractice 1.. om A Premises Liabililyte.g.. slip and fall} 1..4. a a Pemonafmjuw . AHSD Intentional Bodily lnjuryiProperty Damagemrongful Death Ic.g.. to assault. vandalism. etc.) 1.. 93 Property Damage 5 Wrongful Death 3 Intentional in?iction of Emotional Distress 1.. - I A7220 Other Personal Injuryi?Propetty DamageN'iIrongtuI Death 1.. 4. CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 03-04 AND STATEMENT OF LOCATION Page 1 m4 .Jv SHORTUTLE- YELCHIN, at. al.. vs. ace us LLC. et; a1. CASENUMHEH Civil Case Cover Sheet Type of Action Applicable Reasons!- Category No. [Check only one] See Step 3 Above E. Business Tort . A6029 Other Tort (not fraudfbreach of contract) 1.. 3. Civil Rights {03) A6005 Civil 1.. 2.. 3. EL o: Defamation (13} A6010 Defamation {slanden?libel} 1.. 2.. 3. '51 5% Fraud (16) J. A6013 Fraud {no contract: 3_ I =nsoir IMI 12. D.- 3 Professional Negligence (25] L893 3 mac?? 3 A6050 lOther Professmna! Malpractice {not medical or legal} 1.. 2.. 3. Other (35} . A6025 Other Non-Personal Injuryl?Propertv Damage tort 2.3. Wrongful Termination (36} i Wrongful Termination 1.. 2.. 3. 6-. . A6024 Other Em Io mentCom Ia nt 1.. 2.. . Other Employment [15} ?f age 3 LE A6100 Labor Commissmner Appeals 10. A6004 Breach of RentaULease Contract {not unlawful detainer or wrongful 2.. 5. eviction} Breach of Contract! Warranty 2.. 5. {05) . A6006 ContracWVarraniy Breach -Se ler Plaintifflno fraudi?negllgence} 5 . 1.. 2.. . {not msurance] A6019 Negligent Breach of {no fraud} i A6028 Other Breach of Contractharrantv (not fraud or negligence} 1" 2" 5 neooz Collections Case-Seller Plaintiff 2Ion A6012 Other Promissory NotelColiectiOns Case 2.. 5. insurance Coverage (16) A6015 Insurance Coverage {not complex} 1.. 2.. 5.. 6. nsooa Contractual Fraud 1.. 2.. 3.. 5. Other Contract I A6031 Tol?tious interference 1.. 2.. 3.. 5. Other Contract Dispute-(not 1., 2.. 3.. B. Eminent . . Condemnauon (14) A7300 Eminent DomalnfCondemnation Number of parcels 2. - i:l - g. Wrongful Eviction {33} . A6023 Wrongful Eviction Case 2.. 6. A6016 Modgage Foreclosure 2., 6 o: Other Real Property (26) I. noose Quiet Tliie 2.. 6 A6060 2.. 6. uni-3M? .j I A6021 Unlawful Defamer-Commercial (not drugs or wrongful eviction) 2.. 6. UMBMUJ Datamer'Resmemjal i, A6020 Unlawful Detainer-Reaidentiai (not drugs or wrongful eviction} 2.. 6. i: untamu' Datamer' A6020F Unlawful Detainer-Post-Foreclosure 3- 5- Post-Foreclosure (34) 5 Unlawful Deteiner?Urugs {as} . nsozz Unlawful Defamer-Drugs 2.. s. LACEV109 {Rev03f11} CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 misc Approved 03-04 AND STATEMENT OF LOCATION Page 2 0M SHORTTITLE ei: a . vs. POP. US LLC, et CASE A - . 0 Civil Case Cotter Sheet "rape of Action - Applicable Reasons Category No. - [Check only one} . See Step 3 Above Asset Forfeiture {05} i A6108 Asset Forfeiture Case 2.. a. .3 Petition re Arbitration {11) i A6115 Petition to Compeeron?nnNaoate Arbitration 2.. 5. o: a A6151 Writ Mandamus 2.. 3. IE. Writ of Mandate r02} A6152 Writ Mandamus on Limited Court Case Matter 2. 2 A6153 Writ - Other Limited Court Case Review 2 Other Judicial Review {39] i I A6150 Other Writ r'Judicial Review 2.. EL ?fa Antitrusthrade Regulation {03) A5003 AntitrusUTrade Regulation 1.. 2.. a. U1 5 Construction oeiect (10) senor Construction Defeat 1imaging M355 i Claims involving Mass Tort 1.. 2.. s. :3 g: Securities Litigation (23} sense Securities Litigation Case 1.. 2.. a. +9 Toxic Tort . . Environmental (30) A5035 Toxic Torti'Enulronmental 1? 3? a 5 Insurance Edvera Claims 9 2 . 5.. 8 "om Complex Case (41} l? A6014 insurance CoveragerSubrogation (complex case only) 1.. A6141 Sister State Judgment A0160 Abstract ofJudgment Enforcement A6107 Confession of Judgment (non-domestic relations) ?f Ju?gmem (20} A0140 Administrative Agency Award {not unpaid taxes) Enforcement of Judgment i A6114 PetitioniCertificate for Entry.r ofJudgment on Unpaid Tax i A6112 Other Enforcement ofJudgment Case .. 9. RICO {2r} A6033 Racketeeri?ng Case 1A5030 Declaratory ReliefOnly 1.. 2.. E. 5 Other Cumplaims A6040 lnjunctive Relief Only {not domestioiharassment) 2.. 8 3 r: Specmad Abwei i423 A6011 Other Commercial Complaint Case tnon-tortinon-complexi 1.. 2., B. E: . A6000 GtherCivil Complaint (non-toninon-complevi 1.. 2.. 8. Fame-[Ship Corporation _i A6113 Partnership and Corporate Governance Case 2.. 8, Governance {21] I: .5 A5121 Civil Harassment 2.. . e. to a, A0123 Workplace Harassment 2.. ..0. 3 at, Omar Petitions A6124 EldenlDependent Adult Abuse Case 2.. 3.. 9. a (Not Speci?ed Above) l?l A6190 Election Contest 2. .: 43 . i . A6110 Petition for Change of Name 2.. F. A5170 Petition for Relief from Late Claim Law 2.. 3.. 4 8 A0100 Other Civil Petition 2..s. LAW 109 (Rev. 0301] CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 IASC Approved 03-04 Page 3 9f 4 r: et al., vs. FCA US LLC, et al. CASENUMBER Item Ill. Statement of Location: Enter the address of the accident, pa rty's residence or place of business. performance, or other Circumstance Indicated In Item ll.. Step 3 on Page 1, as the proper reason for ?ling in the court location you selected. ADDRESS: - REASON: Check the appropriate boxes for the numbers shown Berry Dr under Column for the type of action that you have selected for this case. D1. 502:] CBCIQ. C110. CITY: STATE: ZIP CODE Studio City CA 91604 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 ?led for assignment to the Los Angel es courthouse in the Central District of the Superior Court of California. County of Los Angeles [Code Civ. Rule 2.0, subds. and 2 et seq.. and Local Dated: August 2 2 0 1 6 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 ?ling a Complaint, a completed Summons form for issuance by the Clerk. 3. Civil Case Cover Sheet. Judicial Council form 4 Civil Case Cover Sheet Addendum and Statement of Location form. LACIV 109. LASC Approved 03-04 (Rev. 03/11). Payment in full of the ?ling fee, unless fees have been waived. A signed order appointing the Guardian ad Litem. Judicial Council form CIV-O10. 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. LAcw109iRev.03mi CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASCApvroved 0304 AND STATEMENT OF LOCATION Page 4 0M sum-100 (CITACION JUDICIAL) E:ng NOTICE TO DEFENDANT: FCA US ZF NORTH AMERICA, (AVISO AL DEMANDADO): INC . AUTO COMPANY INC. dba AUTONATION DODGE JEEP VALENCIA and CA COPY SUPERSTORES VALENCIA and DOES 1 to 100, I nclus ive Super-.0, Court or CaIl?IOfnla County of Les AUG 0 2 2016 YOU ARE BEING SUED BY PLAINTIFF: VICTOR YELCHIN, an ESTA DEMANDANDO EL DEMANDANTE): individual, IRINA tihefnR.Carter..L a YELCHINA, an individual; and the ESTATE OF ANTON Byzludl YELCHIN, by and through his Successors-in-Interest, VICTOR YELCHIN and IRINA YELCHINA You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information ow. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to ?le a written response at this court and have a copy served on the plainti?. A letter or phone call will not protect you. Your written response must be in proper legal 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 ?nd these court forms and more information at the California Courts Online Self-Help Center your county law library. or the courthouse nearest you. If you cannot pay the ?ling fee. ask the court clerk for a fee-waiver form. If you do not ?le your response on time. you may losethe-caserby default. and your wages. money. and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attcmey 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 nonpro?t legal services program. You can locate these nonpro?t groups at the California Legal Services Web site (mthawhelpcalr?temianm). the California Courts Online Self-Help Center (mcourtinfocagcv/seifheip). or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of 510.000 or more in a civil case. The court?s lien must be paid before the court will dismiss the case. l/tli501tg hen demandado. Si no respende dentre da 30 dies. is code puada doddir en su centre sin ascuchar su versidn. Lee to informacidn a can ease: liens 30 DIAS DE CALENDARIO despuas de que la entroguen esta citacr?dn ypapatas legates para presenter una respuesta per escrito on sets corte hacer qua so entragua una cepia at demandante. Una carta a una llamada teiefdnice no to pretegen. Su respuasta per escn'to tiane qua ester on female legal admin at doses qua prooesan su case en la aorta. Es posibla qua haya un formuiarie qua ustad puada user para su respuosta. Puede encontrar estcs formularies de to code mas intermacien on at Centre do Ayuda do ias Cortes do Caitiemia en la bibliotaca de toyes do so cendado an is certs que la quads mas coma. Si no puede pagaria cueta do prasentacr?en. pida at secretarie de la certs qua is da un ferreulan'o do axancien de page do cuotas. Si no presente su raspuasta a tiarnpo. puede perdar at case per incumplimiente la corta to padre quitar su suoldo, dinero bienes sin mas advertoncia. Hay etres requisites legaies. Es recomandabla qua flame a un abegadc inmediatemante. Si no cenoca a un abegade, pueda Homer a un servicio de remisr'dn a abogades. Si no pueda papers on abogedo, es posibla qua cumpla can (as requisites para obtenar sarvicr?os iogales gratuites de un programs do sarvr?cr?es legaies sin tines da lucre. Puade enconnar estcs grapes sin tines da iucre en a! silio web do Califomia Legal Services. {wwlawhelpcalifemiaorgi an oi Centre do Ayuda da las Cortes do Catifomie. poniandose on contacts con la certa at colegie da abegados locates. A VISO: Per toy, to certs tiene derache a raciamarlas cuotes les castes exentes per impenor un gravamen sabre cuaiquiar recuperacien do 310.000 6 mas do valor recibida mediante un acuerdo a una cencosicn de arbitraje an on case do dereche civil. Tiene qua pager at gravaman de la eerta antes do que to cede pueda dasechar el caso. Executive Glitter/Clerk Depulv Thoname and address of the court rs: CASE NUMBER. (Elnombre diraccion de to code as): (MimdchesBc 6 2 9 0 9 6 SUPERIOR COURT OF CALIFORNIA 111 North Hill Street Los Angeles, California 90012 Central District The name. address. and telephone number of plaintiffs attorney. or plaintiff without an attemey, is: (El hombre, la direccien el numere do tafafcno dei abogadc do! domandante, 0 del demandanta qua no tiena abegade, as): Gary A . Dordick, Esq. 128008 Tel: 310-551-0949 Fax: 355-299-4444 GARY A . DORDICK, A LAW CORPORATION 509 South Beverly Drive mate Beverly Hills Cali fornia 90212 saggy? mom DATE: 2 Clerk. by Deputy footie) (SecretarieL (Acy'unte) (For proof of service of this summons, use Proof of Service of Summons (form (Pare pnreba do anti-age de esta citatidn use ei formuian'e Proof of Service of Summons. NOTICETO THE PERSON SERVED: You are served 155?? 1. as an individual defendant. 2. as the person sued under the ?ctitious name of (specify): 3. on behalf of (special): under: CCP 416.10 (corporation) [3 CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (ccnservatee) CCP 416.40 (association or partnership) [3 CCP 416.90 (authorized person) other (specify): 4. by personal delivery on (data): m. 1 an FormAdcctadtchandatory Use SUMMONS regal CodeoiCrvil Procedure 55412.20. ass Judicial 501 at us Star-too (Rev. July 1. 2009] us Gary A. Dordick, Esq. 128008 Diana 8. Diskin. Esq. 251366 GARY A. DORDICK, A LAW CORPORATION 509 South Beverly Drive Beverly Hills, California 90212-4514 Eel: Tax: (855) 299-4444 man: or lC aw?c ao .com Email: diana@dorc icklaw.com Attorneys for Plaintiffs CONFORMED COPY ORIGINAL FILED Superior Court of California County of Los Angeles AUG 0 2 2016 Sherri a. Garter. Executive Of?cer/Clerk By: Judi Lara. Depulv SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES VICTOR YELCHIN, an individual, IRINA CASE NO.: go 5 2 9 0 YELCHINA, an individual; and the ESTATE OF ANTON YELCHIN, by and - through his Successors-in-lnterest, COMPLAINT FOR DAMAGES VICTOR YELCHIN and IRINA YELCHINA, Plaintiffs. JURY TRIAL DEMANDED V. FCA US ZF NORTH AMERICA, AUTO COMPANY dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA and DOES 1 to 100, Inclusive, Defendants. VICTOR YELCHIN, an individual; IRINA YELCHINA, an individual: and in; ESTATE OF ANTON YELCHIN, by and through his Successors-in-lnterest, VICTOR YELCHIN and IRINA YELCHINA, allege as follows: 1. Plaintiff VICTOR YELCHIN is the surviving father to decedent ANTON YELCHIN and is a resident of Los Angeles County, California. Plaintiff VICTOR YELCHIN has standing to file this action for Decedent?s wrongful death pursuant to Code of Civil Procedure sections 377.11, 377.32, and 377.60. Plaintiff VICTOR 1. COMPLAINT FOR DAMAGES r?I. I?t h?t I?d YELCHIN succeeded to the Decedent's interest in the action because, at the time of Decedent's death, the Decedent was not married and had no children. The statement required pursuant to Code of Civil Procedure section 377.32 is attached hereto as Exhibit 2. Plaintiff IRINA YELCHINA is the surviving mother to decedent ANTON YELCHIN and is a resident of Los Angeles County, California. Plaintiff IRINA YELCHINA has standing to file this action for Decedent?s wrongful death pursuant to Code of Civil Procedure sections 377.11, 377.32, and 377.60. Plaintiff IRINA YELCHINA succeeded to the Decedent?s interest in the action because, at the time of Decedent?s death, the Decedent was not married and had no children. The statement required pursuant to Code of Civil Procedure section 377.32 is attached hereto as Exhibit 3. Plaintiffs are informed and believe, and based upon such information and belief, allege that they are the Decedent?s lawful heirs and successors-in-interest, and therefore this Complaint does not name any adverse heir in connection with this claim for Wrongful Death. 4. Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendant FCA US LLC is now and at all times mentioned herein an unknown business entity authorized and/or quali?ed to do business and is doing business in the State of California. 5. Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendant FCA US LLC engages in the business of designing, manufacturing, testing, marketing, and distributing the 2015 Jeep Grand Cherokee Model, License No. 7HXG997 (hereinafter the ?Subject Vehicle") which included the defective monostable gear selector, also known as a monostable electronic ?E-shift" gear shift assembly (hereinafter the ?Subject Gear Selector?) which has caused the death of ANTON YELCHIN. Ill 2 COMPLAINT FOR DAMAGES No?nI?nn?n?II?ni?n??v?dr?nIPlaintiffs are informed and believe and, based upon such information and belief, allege that Defendant ZF NORTH AMERICA, INC., is now and at all times mentioned herein an unknown business entity authorized and/or quali?ed to do business and is doing business in the State of California. 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 belief, allege that Defendant AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, is now and at all times mentioned herein an unknown business entity authorized and/or qualified to do business and is doing business in the State of California. 9. Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendant AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, engages in the business of selling and/or leasing vehicles, including the Subject Vehicle which has caused the death of ANTON YELCHIN. 10. Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 to 100, and each of them were the manufacturers, designers, developers, processors, producers, assemblers, builders, testers, inspectors, installers, equippers, endorsers, exporters, wholesalers, retailers, Iessors, renters, sellers, modifiers, servicers, repairers, providers and otherwise distributors of the Subject Vehicle and Subject Gear Selector. 3. COMPLAINT FOR DAMAGES D-LHM 11. Plaintiffs are informed and believe and, based upon such information and belief, allege that DOES 1 to 100, and each of them, are individuals, corporations, partnerships, limited partnerships, associations, trusts, parent companies and/or subsidiaries put together with the other aforementioned individuals or entities duly authorized to do and are doing business in the State of California. 12. The true names and capacities whether individual, corporate, governmental, associate(d) or otherwise - of Defendants Does 1 through 100, inclusive, and each of them, are unknown to Plaintiffs, who therefore sue said Defendants by such ?ctitious names. 13. Plaintiffs are informed and believe and, upon such information and belief, allege that each of the Defendants ?ctitiously named herein as a Doe is legally responsible, negligently or in some other actionable manner, for the events and happenings hereinafter referred to and that, thereby, each proximately caused the wrongful death of ANTON YELCHIN and the injuries and damages to Plaintiffs as hereinafter alleged. 14. Plaintiffs will amend this Complaint to show the true names and capacities of such ?ctitioust named Defendants when such names and capacities have been ascertained together with the proper charging allegations. 15. Plaintiffs are informed and believe and, based upon such information and belief, allege that all of the acts, conduct, and nonfeasance herein carried out by each and every representative, employee, or agent of each and every corporate and business Defendant was authorized, ordered, and directed by their and/or its respective Defendant's corporate or business employers, of?cers, directors, and/or managing agents. In addition thereto, said corporate or business employers, of?cers, directors. and/or managing agents had advance knowledge of and authorized and participated in the herein described acts, conduct, and nonfeasance of their representatives, employees, agents, and each of them. In further addition thereto, upon the completion of the aforesaid acts, conduct, and nonfeasance of the aforesaid employees and 4. COMPLAINT FOR DAMAGES agents. the aforesaid corporate and business employers, of?cers, directors, and/or managing agents respectively rati?ed, accepted the bene?ts 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 Defendant, whether named herein or designated as a Doe, was a principal, master, 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 belief, allege that between at least 2011 and 2015, Defendants FCA US LLC and ZF NORTH AMERICA. INC., designed and manufactured the defective Subject Gear Selector. 17. Plaintiffs are informed and believe and, based upon such information and belief, allege that between at least 2011 and 2015, Defendant FCA US LLC designed and manufactured certain vehicles, including the 2012-2014 Dodge Charger, 2012- 2014 300, 2014 Dodge Durango, 2014-2015 Jeep Grand Cherokee, and the Subject Vehicle, and that said vehicles included the defective Subject Gear Selector. 18. Plaintiffs are informed and believe and, based upon such information and belief, allege that between at least 2011 and 2015, Defendants FCA US LLC and AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 to 100, inclusive, sold certain vehicles, including the 2012-2014 Dodge Charger, 2012-2014 300, 2014 Dodge Durango, 2014-2015 Jeep Grand Cherokee, and the Subject Vehicle, to the general public and that said vehicles included the defective Subject Gear Selector. 19. Plaintiffs are informed and believe and, based upon such information and belief, allege that the Subject Vehicle, the Subject Gear Selector, and/or their components possessed one or more defects in design, manufacture, or othenivise, which were either known or should have been known by Defendants. The defect(s) 5 COMPLAINT FOR DAMAGES .substantially caused ANTON YELCHIN's death and Plaintiffs' injuries as more fully described herein. 20. More speci?cally, 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 300, 2014 Dodge Durango, and 2014-2015 Jeep Grand Cherokee as well as the design and/or manufacture of the Subject Gear Selector were defective in 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 potentiai for unintended gear selection and vehicle rollaway. Drivers could exit these vehicles when the engine is running and the transmission is not in PARK, resulting in unattended vehicle rollaway. Further, the Subject Vehicle - and these other certain vehicles, including the 2012-2014 Dodge Charger, 2012-2014 300, 2014 Dodge Durango, 2014-2015 Jeep Grand Cherokee failed to include suf?cient rollaway prevention features as well as suf?cient warning features and/or measures so as to prevent drivers from exiting these vehicles with the engine running and the transmission not in PARK and/or to avoid vehicle rollaway 21. Plaintiffs are also 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 300, 2014 Dodge Durango, and 2014-2015 Jeep Grand Cherokee - as well as the design and/or manufacture of the Subject Gear Selector were defective in that these vehicles? ignition button could fail to engage. resulting in incidents where drivers believed they put the vehicle in PARK and attempted to shutoff the vehicle using the ignition button, then exited the vehicle without realizing that the vehicle was not in PARK and the engine continued to run. 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 INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 to 100, inclusive, were aware of multiple crashes and numerous additional complaints attributed to the defective Subject Gear Selector in its 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 had resulted in at least 700 ?eld reports to Defendant FCA US LLC that were potentially related to this issue. including 212 crashes, 308 claims of property damage, and at least 41 injuries. The defective design and/or manufacture of the Subject Vehicle and Subject Gear Selector affected at least 800,000 vehicles. 23. Plaintiffs are informed and believe and, based upon such information and belief, allege that, despite said actual knowledge of the defective design and/or manufacture of the Subject Vehicle and Subject Gear Selector, Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 to 100, inclusive, failed to timely and/or adequately remedy the defective Subject Vehicle and/or defective Subject Gear Selector. 24. Plaintiffs are informed and believe and, based upon such information and belief, allege that, on June 19, 2016. decedent ANTON YELCHIN was the operator of the Subject Vehicle and that the Subject Vehicle was being used in a reasonably foreseeable manner in Studio City, in the State of California. 25. Plaintiffs are informed and believe and allege that, on or about June 19, 2016, decedent ANTON YELCHIN parked the Subject Vehicle at or near the top of his driveway, then exited the Subject Vehicle and traversed towards the base of his driveway. As a result of the defective design and/or manufacture of the Subject 7. COMPLAINT FOR DAMAGES 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 some time, trapped and suffocating until his death. FIRST CAUSE OF ACTION BY PLAINTIFFS AGAINST FCA US LLC, ZF NORTH AMERICA INC.. AUTO COMPANY dba AUTONATION DODGE JEEP and CA SUPERSTORES VALENCIA CJD AND DOES 1 TO 100, INCLUSIVE FOR STRICT LIABILITY 26. Plaintiffs re-allege Paragraphs 1 through 25 and incorporate them by reference as though fully set forth herein. 27. Plaintiffs are informed and believe and thereon allege that at all times herein mentioned, Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY INC.. dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 through 100, inclusive, and each of them, were the manufacturers. designers, developers, processors, producers, assemblers, builders, testers, inspectors, installers, warners, equippers. endorsers, exporters, wholesalers, retailers, renters, sellers, lessors, modi?ers, servicers, repairers, providers, and/or distributors of the Subject Vehicle as well as the Subject Gear Selector used in the Subject Vehicle. 28. Plaintiffs are informed and believe and, based upon such information and belief, allege that the Subject Vehicle and the Subject Gear Selector in the Subject Vehicle was defective at the time of its manufacture, design, deveIOpment, production, assembly, building, testing, inspection, installation, equipping, endorsement, exportation, importation, wholesaling, retailing, selling, renting, leasing, modification, service, repair and entrustment. 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 and Plaintiffs were members. 30. Plaintiffs are informed and believe and, based upon such information and belief, allege that any bene?ts derived from the design of the Subject Vehicle and/or Subject Gear Selector were substantially outweighed by the risk of 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 Subject Vehicle or those in the vicinity of the Subject Vehicle. 31. Speci?cally, Plaintiffs are informed and believe and, based upon such information and belief. allege that said Subject Vehicle and Subject Gear Selector were defective in their design. construction, assembly and manufacture and dangerous to life and limb of the users and occupants thereof, in that, among other things and not by way of limitation. the Subject Vehicle and Subject Gear Selector were so poorly designed and manufactured that they failed to maintain their integrity under normal operating conditions, including the subject incident. The aforementioned defects created a substantial danger which was unknown to Decedent and Plaintiffs and to the public in general, and would not be recognized by the ordinary user. and Defendants and each of them failed to give adequate warning of such danger. 32. Plaintiffs are informed and believe and, based upon such information and belief, allege that prior to the sale and distribution of said Subject Vehicle, Defendants FCA US LLC, ZF NORTH AMERICA, INC.. AUTO COMPANY dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 through 100. inclusive, and DOES 1 to 100, knew the Subject Vehicle and/or Subject Gear Selector were in a defective condition as previously described. Further, said Defendants, through their officers, directors and managing agents, had prior notice and knowledge of the defects and/or defective design of Subject Vehicle and Subject Gear Selector and that these defects and/or 9 COMPLAINT FOR DAMAGES p?Ig?I t??O 20 21 as defective design presented a substantial and unreasonable risk of harm to the American motoring public, including decedent ANTON and Plaintiffs in that 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, industry publications, as well as notice of multiple injuries and hundreds of complaints caused by the design of the Subject Vehicle and Subject Gear Selector. 33. Additionally, Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendants, and each of them. had unfettered ability, after years of extensive in-house, government, and independent testing to minimize the substantial risk of serious bodily harm or death caused by the Subject Vehicle and Subject Gear Selector by redesigning or warning of the potential for serious risk or harm, thereby minimizing or eliminating said potential. But Defendants consciously chose not to take steps to exercise that ability, including but not limited to, providing proper design and manufacturing provisions, and Defendants' failure to take such steps allowed Defenadnts to save money, avoid loss of sales, and repair and recall costs. Defendants? acts prevented the public from becoming aware that the defects in the Subject Vehicle and Subject Gear Selector were, in reality, unsafe, dangerous, and 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 24 25 26 27 28 Plaintiffs. In addition, Plaintiffs are informed and believe and thereon allege that the aforementioned malfeasance, nonfeasance, defects, failure to warn, were done with the advanced knowledge, authorization, approval and ratification of of?cers, directors and/or managing agents of the aforesaid Defendants. 34. belief, allege that Defendants, and each of them, failed to timely admit that the Subject Plaintiffs are informed and believe and, based upon such information and 10. COMPLAINT FOR DAMAGES Vehicle and Subject Gear Selector were defectively designed and/or manufactured, and unreasonably delayed in issuing an effective recall of the Subject Vehicle. 35. As a further proximate result of the acts of defendants, and each of them, and due to the dangerous condition as alleged. Plaintiffs have incurred substantial funeral and burial expenses. 36. As a proximate result of the above-described conduct of Defendants, and each of them, the Plaintiffs have and will, suffer the loss of Decedent's love, companionship, guidance. comfort, society, solace, moral support, ?nancial support and physical assistance, all to their general damages, in a sum to be proven at time of trial. 37. Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 through 100, inclusive, their acts and/or omissions were either committed by or authorized, rati?ed, or othenivise approved in a deliberate, cold, callous, malicious, reckless. intentional, and/or unreasonable manner. as fully set forth above, under California Civil Code section 3294, causing injury and damage to plaintiffs. and the death of ANTON YELCHIN and done with a conscious disregard of Plaintiffs? and Decedent's rights and safety, Plaintiffs request the assessment of punitive damages against Defendants in an amount appropriate to punish or set an example of them. SECOND CAUSE OF ACTION BY AGAINST DEFENDANTS FCA US ZF NORTH AMERICA, INC., AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD AND DOES 1 100. INCLUSIVE, FOR NEGLIGENT PRODUCT LIABILITY 38. Plaintiffs re-allege Paragraphs 1 through 37 and incorporates them by reference as though fully set forth herein. 39. 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 1 1. COMPLAINT FOR DAMAGES duty not to unreasonably manufacture, develop, design, process, produce, assemble, 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 speci?cally, Defendants, and each of them acted unreasonably in designing, installing, selling, manufacturing, and marketing products which presented a substantial and unreasonable risk of injury or death to vehicle occupants, including Decedent ANTON YELCHIN and Plaintiffs, and in failing to warn of such dangers. 41. belief, allege that, at all relevant times herein mentioned, Defendants, and each of Plaintiffs are informed and believe and, based upon such information and them, breached their duty of ordinary care or skill in that they negligently, wantonly, carelessly, recklessly and/or unlawfully installed, service, tested, inspected, maintained, modi?ed, changed, designed and manufactured and furnished the defective Subject Vehicle and Subject Gear Selector so as to cause, permit and/or allow the same to be in a dangerous, defective, unguarded and unsafe condition, and such acts and/or omissions were a substantial factor contributing to the injuries suffered by Plaintiffs and the death of ANTON YELCHIN, as herein alleged. 42. belief, allege that the negligence of said Defendants, and each of them, was a Plaintiffs are informed and believe and, based upon such information and substantial factor in causing the injuries, death, and damages herein alleged. 43. As a further proximate result of the acts and omissions of Defendants, and each of them, 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 Ill 12. COMPLAINT FOR DAMAGES n?nn?in?In?Ii?Ip?Io?np?sp?du?n and plaintiffs will move to amend this complaint to state such amount when the same becomes known to them, or on proof thereof. 44. As a proximate result of the above-described conduct of Defendants, and each of them, the Plaintiffs have and will, suffer the loss of Decedent ANTON YELCHIN's consortium, love, companionship, guidance, comfort, society, solace, moral support, all to their general damages, in a sum to be proven at time of trial. 45. Because the acts and/or omissions of Defendants FCA US LLC, ZF NORTH AMERICA. INC., AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 THROUGH 100, inclusive, were either committed by or authorized rati?ed, or otherwise approved in a deliberate, cold, callous, malicious, intentional, andlor unreasonable manner, as fully set forth herein. causing injury and damage to Plaintiffs, and the death of ANTON YELCHIN, and were done with a conscious disregard of Plaintiffs? and Decedent's rights and safety, Plaintiffs request the assessment of punitive damages against Defendants in an amount appropriate to punish or set an example of them, pursuant to under Civil Code section 3294. THIRD CAUSE OF ACTION BY PLAINTIFFS AND AGAINST DEFENDANTS FCA US LLCI ZF NCAQTH AMERICA, INC.. AUTO COMPANY INC.. dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD AND DOES 1 THROUGH 100. INCLUSIVE, FOR BREACH OF WARRANTY 46. Plaintiffs re-allege Paragraphs 1 through 45 and incorporate them by reference as though fully set forth herein. 47. Plaintiffs are informed and believe and, based upon such information and belief, allege that, at all times herein mentioned, Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 THROUGH 100, inclusive, designed, developed, processed, repaired, serviced, 13. COMPLAINT FOR DAMAGES inspected, represented, tested. distributed, sold, consigned, delivered, maintained, installed. and operated for purpose of sale and distribution said Subject Vehicle and Subject Gear Selector for use by the general public. 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, service, installation, consignment, maintenance, or operation of said products, Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 THROUGH 100, inclusive, expressly. implicitly, and impliedly warranted to each buyer and user and to all persons reasonably expected to be in the immediate vicinity of said products during use in any manner, that said Subject Vehicle and Subject Gear Selector were reasonably ?t and safe for their intended purposes, and that said products were accordingly of merchantable quality throughout. 49. Plaintiffs are informed and believe and, based upon such information and belief, allege that, at the time and place of said sale, delivery, installation, distribution or supply, the Subject Vehicle and Subject Gear Selector were not reasonably fit and safe for their intended uses by buyers, users, or persons reasonably anticipated to be in the vicinity of the use of the Subject Vehicle, including Decadent ANTON YELCHIN, and were, therefore, not of merchantable quality and constituted extreme danger and hazard to persons using or in the vicinity of the Subject Vehicle and/or Subject Gear Selector, due to the latent defects in the Subject Vehicle and/or Subject Gear Selector. 50. Plaintiffs are informed and believe and, based upon such information and belief, allege that, in reliance upon such warranties, Decedent ANTON YELCHIN operated the Subject Vehicle with the Subject Gear Selector installed in it, in a manner foreseeable and as intended by Defendants. Plaintiffs are informed and believe and, based upon such information and belief, allege that. as a direct and substantial result of the breach of such implied warranty by these Defendants, and each of them, the 14. COMPLAINT FOR DAMAGES ?l on Subject Vehicle and/or Subject Gear Selector malfunctioned causing the Subject Vehicle to roll away and strike ANTON YELCHIN. resulting in his untimely death. 51. As a result of said breaches of warranty, both express and implied, Plaintiffs sustained injuries, death, and damages as herein alleged. 52. As a further proximate result of the acts of defendants, and each of them, 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 I??I?I?uu?hI?nl?IQ?II?lt??i?l amend this complaint to state such amount when the same becomes known to them, or on proof thereof. 53. As a proximate result of the above-described conduct of Defendants, and each of them, the Plaintiffs have and will, suffer the loss of Decadent ANTON YELCHIN's consortium, love, companionship, guidance, comfort, society, solace, moral support, all to their general damages, in a sum to be proven at time of trial. 54. Because the acts and/or omissions of Defendants FCA US LLC, ZF NORTH AMERICA, INC.. AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 THROUGH 100, inclusive, were either committed by or authorized, rati?ed, or othenivise approved in a deliberate, cold, callous, malicious, intentional, and/or unreasonable manner, as fully set forth herein. causing injury and damage to Plaintiffs. and the death of ANTON YELCHIN. and were done with a conscious disregard of Plaintiffs' and Decedent's rights and safety, Plaintiffs request the assessment of punitive damages against Defendants in an amount appropriate to punish or set an example of them, pursuant to under Civil Code section 3294. II 15. COMPLAINT FOR DAMAGES I. rm FOURTH CAUSE OF ACTION BY PLAINTIFFS FCA LLS LLC. ZF NORTH AMERICA. INC., AUTO COMPANY INC.. dba AUTONATION DODGE JEEP VAENCIA and CA SUPERSTORES VALENCIA CJD AND DOES 1 100. INCLUSIVE, FOR NEGLIGENCE (WRONGFUL DEATH AND PERSONAL INJURIES) Plaintiffs re-allege Paragraphs 1 through 54 and incorporate them by 55. reference as though fully set forth herein. 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 dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD. and DOES 1 THROUGH 100. inclusive. and each of them negligently, recklessly and carelessly manufactured, designed. developed. processed. produced. assembled. built. tested. inspected. installed. warned. equipped. endorsed. exported, wholesaled, retailed, Iessors. rented. sold. modi?ed. serviced, repaired. installed, provided. and/or othenNise distributed the Subject Vehicle and Subject Gear Selector. which malfunctioned and caused the Subject Vehicle to roll away and strike ANTON YELCHIN, resulting in his untimely death. 57. likely that a person such as Decedent ANTON YELCHIN would use the Subject Vehicle Defendants. and each of them. knew or should have known that it was in a reasonably foreseeable manner and would suffer serious injuries and even death because of the defect(s) of the Subject Vehicle and Subject Gear Selector. 58. of them, ANTON YELCHIN sustained severe injuries which resulted in his untimely death. 59. As a direct and proximate result of the conduct of Defendants, and each As a further proximate result of the acts of defendants. and each of them. 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 16. COMPLAINT FOR DAMAGES ?m~aa~mbwm~ u?nn?an?ou?no?nu?It?Ip?Iu?nu?n 20 amend this complaint to state such amount when the same becomes known to them, or on proof thereof. 60. As a proximate result of the above-described conduct of Defendants, and each of them. the Plaintiffs have and will, suffer the loss of Decedent ANTON YELCHIN's consortium, love, companionship, guidance, comfort, society, solace, moral support, all to their general damages, in a sum to be proven at time of trial. 61. Because the acts and/or omissions of Defendants FCA US LLC, ZF NORTH AMERICA, INC., AUTO COMPANY dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA CJD, and DOES 1 THROUGH 100, inclusive. were either committed by or authorized. rati?ed, or othewvise approved in a deliberate, cold, callous, malicious. reckless, intentional. and/or unreasonable manner, as fully set forth herein. causing injury and damage to Plaintiffs, and the death of ANTON YELCHIN, and were done with a conscious disregard of Plaintiffs' and Decedent's rights and safety, Plaintiffs request the assessment of punitive damages against Defendants in an amount appropriate to punish or set an example of them, pursuant to under Civil Code section 3294. 62. Plaintiffs are the lawful heirs of Decedent ANTON YELCHIN, as de?ned under California Code of Civil Procedure, sections 377.11 and 377.60. DEMAND FOR JURY TRIAL Plaintiffs VICTOR YELCHIN, individually and as Successor-ln-lnterest to ANTON YELCHIN. and IRINA YELCHINA. individually and as Successor-in-Interest to ANTON YELCHIN hereby request a trial byjury WHEREFORE, Plaintiffs VICTOR YELCHIN, individually and as Successor-In- lnterest to ANTON YELCHIN, and IRINA YELCHINA. individually and as Successor-in- lnterest to ANTON YELCHIN, pray for judgment against Defendants, and each of them. as follows: Ill 17. COMPLAINT FOR DAMAGES l9 DATED: in m. All general damages, including but not limited to loss of the Decedent's consortium, according to proof at time of trial; All special damages, including all funeral/mortuary, consequential, and incidental expenses incurred, and all additional economic losses, according to proof at time of trial; For prejudgment interest, as determined and accrued according to applicable statutes; For punitive damages against Defendants in an amount that is to be ascertained Attorneys' fees; Costs of bringing this suit; and Such other and further relief as the Court deems just and proper. August 2. 2016 GARY A. DORDIC RPORATION By: Dordick, sq. Diana 8. Diskin, gsq. Attorneys for Plaintiffs 18. COMPLAINT FOR DAMAGES EXHIBIT 1 o?nu?nu?nn?ou?n?Io?hv?II?n WMONMAWNHO l9 Gary A. Dordick, Esq. 128008 Diana S. Diskin, Esq. GARY A. DORDICK, A LAW CORPORATION 509 South Beverly Drive Beverly Hills, California 90212-4514 Tel: (310) 551-0949 0 Fax: (855) 299-4444 Email: ordickla w@aol.com Email: ianaaild ordicklaw.com Attorneys for Plaintiffs SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES VICTOR YELCHIN. an individual, IRINA YELCHINA, an individual; and the ESTATE OF ANTON YELCHIN, by and through his Successors-in-lnterest, VICTOR YELCHIN and IRINA YELCHINA, Plaintiffs, VI FCA US ZF NORTH AMERICA, AUTO COMPANY INC., dba AUTONATION DODGE JEEP VALENCIA and CA SUPERSTORES VALENCIA and DOES 1 to 100, Inclusive, Defendants. CASE NO.: DECLARATION OF VICTOR YELCHIN AND IRINA YELCHINA AS PURSUANT TO CODE OF CIVIL PROCEDURE ?377.32 JOINT DECLARATION OF IRINA AND VICTOR YELCHIN AS SUCCESSORS-IN-INTEREST T0 ANTON YELCHIN IQQP. {5377.321} Plaintiffs IRINA YELCHINA and VICTOR YELCHIN make the following declaration pursuant to Code of Civil Procedure section 377.32: 1. We are the Plaintiffs in this action and the successors-in-interest to Anton Yelchin. If called upon as witnesses to testify, we could and would competently testify to the following facts and information. 1 DECLARATION OFVICTOR YELCHIN AND IRINA YELCHINA AS SUCCESSORS-IN- INTEREST PURSUANT TO CODE OF CIVIL PROCEDURE ?377.32 o?nu?nu?I?u?u?I?o?nn?o l9 mi 2. We seek to commence an action or proceeding as the decedent's Successors In Interest. 3 The name of the decedent is ANTON YELCHIN. 4. On or about June 19, 2016, ANTON YELCHIN died in Los Angeles, California. as a result of Defendants' negligence. 5. A true and correct copy of the decedent?s death certi?cate is attached hereto as Exhibit A. 6. A proceeding is now pending in California for the administration of Anton?s estate, by which we will be named as co-administrators of Anton?s estate. 7. We are the decedent's parents and successors in interest, as defined in section 377.11 of the California Code of Civil Procedure. We succeed equally to the decedent's interest in the action or proceeding. 8. Aside from us, no other person has a superior right to commence the action pr proceeding or to be substituted for the decedent in the pending action or proceeding. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on August 1, 2016, at 0 IRINA YELCH Los Angeles, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on August 1, @016, at . Los Angeles, California. I If? - VICTOR YELCHIN DECLARATION OFVICTOR YELCHIN AND IRINA YELCHINA As SUCCESSORS-IN- INTEREST PURSUANT To CODE OF CIVIL PROCEDURE ?377.32 EXHIBIT A 1 . EI- 5?3th . 'u . NDILVHEJJVANV . . Ii .. . .- Du! NJ ammu?gs DUE H335 'I-rh'cD mu. ?ul?e?sm 2-9me penm?ua uu uo pamdmd 55mm mm. mm tl Ma: m; 5:595 DU . uneaH I s- UEHSSIB I . 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Hltnamnm'v {mm on: NOLNV Wits? imm- i Lsui-mn?mu I . -r un?nlm?s 2991305 Lamas Hl??d? a??fsuuza mammst um i. INIUIDIO mm" NC) Ol'l?ncl Aan . -., .. - -, . .. Mr. I 035111 11mm :10 NOLLVDIHILHEE I . I SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES NOTICE OF CASE ASSIGNMENT UNLIMITED CIVIL PERSONAL INJURY CASE Case Number THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINT 6 2 9 0 Your case is assigned for all purposes to thejudicinl of?cer indicated below (Local Rule ASSIGNED JUDGE DEPT ROOM ASSIGNED JUDGE ROOM Hnn. Patricia Ni '10 632 Hon. Michelle Williams Cour: 633 Hon. Hammock 93 BI Hon. Benny C. Osoriu (:30 Non. Holly J. Fujic 98 635 I, . is . (it?1?9 . N. - 53 Given to the of Record on I RI Executive Of?cer/Clerk . . Deputy Clerk LACIV Pl 190 NOTICE OF CASE ASSIGNMENT LASC Approved UNLIMITED CIVIL CASE FILED LOS mamas SUPERIOR COURT FEB 2 52018 SHEFIFH a. CART . EXECUTIVE emcee Guam as masses; ospl? SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES Case No: 6 In re Personal Injury Cases Assigned to the 2 0 9 6 Personal Injury Courts; SIXTH AMENDED GENERAL (CENTRAL DISTRICT) ORDER RE PERSONAL TNJURY COURT Court") PROCEDURES, CENTRAL DISTRICT (Effective as of February 22, 2016) 'g . gt ?13; I . {biz DEPARTMENT: 91 92 93 {39 98 \"jt Q, FINAL STATUS CONFERENCE I Date: 2 at 10:00 sum. TRIAL: Kai-T9 .2 k3} I Date: I ?73) at 8:30 am. \vk) OSC re [Code Civ. Free" 8 583.2101: cs- - ate: at 3:30 aJn. TO EACH PARTY AND TO THE ATTORNEY OF RECORD FOR EACH PARTY: Pursuant to the California Code of Civil Procedure the California Rules of Court, and the Los Angeles County Court Rules (?Local Rules?), the Lost Angeles Superior Court or ?Court?) HEREBY AMENDS AND SUPERSEDES THE Saptember 18, 2015 AMENDED GENERAL ORDER AND GENERALLY I Central District 241232106 ORDERS AS FOLLOWS IN THIS AND ALL OTHER GENERAL JURISDICTION PERSONAL INJURY ACTIONS: Effective March 18, 2013, the Court responded to systemic budget reductions by centralizing the management of more than 18,000 general jurisdiction personal injury cases in the Stanley Mosk Courthouse. LASC initially opened three Personal injury Courts Courts? - Departments 91, 92 and 93), on January 6, 2014, a fourth (Department 97), and on September 28, 2015 a fifth (Department 98) to adjudicate all pretrial matters for these cases. It also established a Master Calendar Court (Department One), to manage the assignment of trials to dedicated Trial Courts located countywide. Prior Amended General Orders laid out the basic procedures for the PI Courts? management of pretrial matters. The parties will ?nd additional information about the PI Courts on the court?s website, lacourl. org. 1. To ensure proper assignment to a PI Court, Plaintiff(s) must carefully ?ll out the Civil Case Cover Sheet Addendum (form LACIV 109). The Court de?nes ?personal injury" as: ?an unlimited civil case described on the Civil Case Cover Sheet Addendum and Statement of Location (LACIV 109) as Motor Vehicle-Personal Injury/Property Damage/Wrongful Death; Personal Injury/Property Damage/Wrongful Death- Uninsured Motorist; Product Liability (other than asbestos or toxic/environmental); Medical Malpractice-Physicians Surgeons; Other Professional Health Care Malpractice; Premises Liability; intentional Bodily Injury/Property Damage/Wrongful Death; or Other Personal Injury/Property Damage/Wrongful Death. An action for intentional infliction of emotional distress, defamation, civil rights/discrimination, or malpractice (other than medical malpractice), is not included in this de?nition. An action for injury to real pr0perty is not included in this definition.? Local Rule 2 Central District 2/22/2106 The Court will assign a case to the PI Courts if plaintiff(s) check any of the following boxes in the Civil Case Cover Sheet Addendum: A7100 Motor Vehicle Personal Injury/Property Damage/Wrongful Death A71 10 Personal Injury/Property Damage/Wrongful Death Uninsured Motorist CI A7260 Product Liability (not asbestos or toxic/envirom'nental) A7210 Medical Malpractice - Physicians Surgeons El A7240 Medical Malpractice Other Professional Health Care Malpractice CI A7250 Premises Liability slip and fall) Cl A7230 Intentional Bodily Injury/Property DamageIWrongful Death assault, vandalism etc.) A7220 Other Personal Injury/Property Damage/Wronng Death The Court will not assign cases to the Pl Courts if plainti?Is) check any boxes elsewhere in the Civil Case Cover Sheet Addendum (any boxes on pages two and three of that form). The Court sets the above dates in this action in the Pl Court circled above (Department 92, 93, 97, or 98) at the Stanley Mosk Courthouse, ll 1 North Hill Street, Los Angeles, CA 90012. Cal. Rules of Court, Rules 3.729. FILING OF DOCUMENTS 2. Parties may ?le documents in person at the ?ling window, via US Mail, or as of March I, 2106, through e-Delivery, which is available online at (link on homepage). Please note that ?lings are no longer accepted via facsimile and must be ?led either in person 3 Central District [06 via e-Delivery. Claims involving an attorney-client fee dispute, documents in which the ?ling party is a minor, legally incompetent person, or person for whom a conservator has been appointed, Requests to Waive Court Fees (PW-001) and Requests for Accommodations by Persons with Disabilities (MC-410), may not be ?led via e-Delivery. SERVICE OF SUMMONS AND COMPLAINT 3. Plaintif?s) shall serve the summons and complaint in this action upon defendant(s) as soon as possible but no later than three years from the date when the complaint is ?led. C. C. P. 583.210, subd. On the OSC re Dismissal date noted above, the PI Court will dismiss the action andlor all parties unless the plainti?is) show cause why the action or the parties should not be dismissed. C.C.P. 583.250; 581, subd. 4. The Court sets the above trial and FSC dates on condition that plaintiff(s) effectuate service on defendant(s) of the summons and complaint within six months of ?ling the complaint. 5. The PI Court will dismiss the case without prejudice pursuant to C.C.P. 581 when no party appears for trial. STIPULATIONS TO CONTINUE TRIAL 6. Provided that all parties agree (and there is no violation of the ??ve-year rule,? C.C.P. 583.310), the parties may advance or continue any trial date in the PI Courts without showing good cause or articulating any reason or justi?cation for the change. To continue or advance a trial date, the parties (or their counsel of record) should jointly execute and ?le (in Room 102 of the Stan1ey Mosk Courthouse; fee required) a Stipulation to Continue Trial, 4 Central District 2122/2 06 FSC and Related Motion/Discovery Dates (form LACIV CTRL-242, available on the court's website, Personal Injury Court link). The PI Courts schedule FSCs for 10:00 am, eight (8) court days before the trial date. Parties seeking to continue the trial and SC dates shall ?le the Stipulation at least eight court days before the SC date. Parties seeking to advance the trial and FSC dates shall ?le the Stipulation at least eight court days before the proposed advanced FSC date. Code Civ. Proc., 595.2; Govt. Code 70617, subd. In selecting a new trial date, parties should avoid setting on any Monday, or the Tuesday following a court holiday. Parties may submit a maximum of two stipulations to continue trial, the ?rst for a maximum of four months, the second for a maximum of two months. A third request to continue trial will only be granted upon a showing of good cause, by ex parte application or noticed motion. This rule is retroactive so that any previously granted stipulation to continue trial will count toward the maximum number of allowed continuances. NO CASE MANAGEMENT CONFERENCES 7. The PI Courts do not conduct Case Management Conferences. The parties need not ?le a Case Management Statement. LAW AND MOTION ANY DOCUMENTS WITH DECLARATIONS EXHIBITS MUST BE TABBED. CRC ?3.1110(n ALL DEPOSITION EXCERPTS REFERENCED IN BRIEFS MUST BE MARKED ON THE TRANSCRIPTS ATTACHED AS EXHIBITS. CRC ?3.1116(c) It [our [ding is not tabbed or degositions are not marked, do not file without the tabs or marked degositiogs untgs; today is the last do}; [or ?ling. It so, you must tie a tabbed/marked co with the clerk in the de artment where our motion will be heard within 2 court days. 5 Central District 2/22/2106 Chambers Copies Required 8. In addition to ?ling original motion papers in Room 102 of the Stanley Moslq Courthouse, the parties must deliver, directly to the PI Court courtrooms, an extra copy (marked ?Chambers Copy?) of reply briefs and all other motion papers ?led less than seven (7) court days before a hearing calendared in the Pl Courts. The PI Courts also strongly encourage the parties ?ling and opposing motions, such as motions for summary judgment/adjudication, to submit one or more three-ring binders organizing the Chambersl Copies behind tabs. Reservation of Hearing Date 9. Parties are directed to reserve hearing dates for motions in the PI Courts using the Court Reservation System (CRS) available online at wwaacourtorg (link on homepage). After reserving a motion hearing date, the reservation requestor must submit the papers for ?ling with the reservation receipt (CRS) number printed on the face page of the document under the caption and attach the reservation receipt as the last page. Parties or counsel who are unabld to utilize the online CRS may reserve a motion hearing date by calling the PI Court courtroom, Monday through Friday, between 3:00 pm. and 4:00 pm. Withdrawal of Motion 10. California Rules of Court, Rule 3.1304(b) requires a moving party to notify the court immediately if a matter will not be heard on the scheduled date. In keeping with that rule, the Pl Courts urge parties who amend pleadings in response to demurrers to ?le amended pleadings before the date when opposition to the demurrer is due so that the PI Courts do not 6 Central District 21223106 needlessly prepare tentative rulings on demurrers. Discovery Motions 11. The purpose of an Informal Discovery Conference is to assist the parties to resolve and/or narrow the scope of discovery disputes. Lead trial counsel on each side, on another attorney with full authority to make binding agreements, must attend in person. The PI judges have found that, in nearly every case, the parties amicably resolve disputes with the assistance of the Court. 12. Parties participate in an IDC mm a Motion to Compel Further Responses to Discovery will be heard, unless, the moving party submits evidence, by way of declaration, that the Opposing party has failed or refused to participate in an IDC. Scheduling or participating in an IDC does not extend any deadlines imposed by the Code of Civil Procedure for noticing and ?ling discovery motions. Ideally, the parties should participate in an IDC before a motion is ?led because the IDC may avoid the necessity of a motion or reduce its scope. Because of that possibility, attorneys are encouraged to stipulate to extend the 45 (on 60) day deadline for ?ling a motion to compel further discovery responses in order to allow; time to participate in an IDC. If parties do not stipulate to extend the deadlines, the moving party may ?le the motion to avoid it being deemed untimely. However, the IDC must take place before the motion is heard so it is suggested that the moving party reserve a date for the motion hearing that is at least 60 days after the date when the IDC reservation is made. Motions to Compel Further Discovery Responses are heard at 10:00 am. If the IDC is not productive, the moving party may advance the hearing on a Motion to Compel Further Discovery 7 Central District 2/22/2106 Responses on any available hearing date that complies with the notice requirements of the Code of Civil Procedure. 13. Parties are directed to reserve IDC dates in the PI Courts using CRS available online at (link on homepage). Parties are to meet and confer regarding the available dates in CRS prior to accessing the system. After reserving the IDC date, the reservation requestor must ?le in the appropriate department and serve an Informal Discovery Conference Form for Personal Injury Courts, ?'om LACIV 239 (revised 12/14 or later), at least 15 court days prior to the conference and attach the CRS reservation receipt as the last page. The opposing party may ?le and serve a responsive IDC Form, brie?y setting forth that party?s reSponse, at least 10 court days prior to the IDC. 14. Time permitting; the PI Hub judges may be available to participate in IDCs to try to resolve other types of discovery disputes. Ex Parte Applications 15. Under the California Rules of Court, courts may only grant ex parte relief upon a: showing, by admissible evidence, that the moving party will suffer ?irreparable harm,? ?immediate danger,? or where the moving party identi?es ?a statutory basis for granting relief ex parte.? Cal. Rules of Court, Rule The PI Com'ts have no capacity to hear multiple ex par-re applications or to shorten time to add hearings to their ?rlly booked motion calendars. The PI Courts do not regard the Court?s unavailability for timely motion hearings as an ?immediate danger" or threat of ?irreparable harm? justifying ex parte relief. Instead ol? seeking ex parte relief, counsel should reserve the earliest available motion hearing date, and stipulate with all parties to continue the trial to a date thereafter using the Stipulation to Continue Trial, FSC and Related Motion/Discovery Dates (form LACIV CTRL-242, available 8 Central District 212212106 the court?s website, PI Court Tab). Counsel should also check the Court Reservation System from time to time because earlier hearing dates may become available as cases settle or counsel otherwise take hearings off calendar. REQUEST FOR TRANSFER TO INDEPENDENT CALENDAR DEPARTMENT 16. Parties seeking to transfer a case from a PI Court to an Independent Calendar Court shall ?le (in Room 102 of the Stanley Mosk Courthouse) and serve the Court?s ?Motion to Transfer Complicated Personal Injury Case to Independent Calendar Court? (form LACIV 23 8, available on the Court?s website under the PI Courts link). The PI Courts will transfer a matter to an l/C Court if the case is not a ?Personal Injury" case as de?ned in the General Order re General Jurisdiction PI Cases, or if it is ?complicated.? In determining whether a personal injury case is ?complicated? the PI Courts will consider, among other things, the number of pretrial hearings or the complexity of issues presented. 17. Parties opposing a motion to transfer have ?ve court days to ?le (in Room 102) an Opposition (using the same LACIV 238 Motion to Transfer form). 18. The PI Courts will not conduct a hearing on any Motion to Transfer to UC Court. Although the parties may stipulate to transfer a case to an Independent Calendar Department, the Pl Courts will make an independent determination whether to transfer the case or not. GENERAL ORDER FINAL STATUS CONFERENCE 19. Parties shall comply with the requirements of the PI Courts? ?Amended General Order - Final Status Conference,? which shall be served with the summons and complaint. JURY FEES 20. Parties must pay jury fees no later than 365 calendar days after the ?ling of the initial complaint. (Code Civ. Proc., 631, subds. and 9 Central District 2/22/2106 JURY TRIALS 21. The PI Courts do not conduct jury trials. On the trial date, a PI Court will transfer the case to the Master Calendar Court in Department One in the Stanley Mosk Courthouse. Department One assigns cases out for trial to dedicated Trial Courts. SANCTIONS 21. The Court has discretion to impose sanctions for any violation of this general order. (cop. 123.7, 137 and Gov. Code, 68608, subd. Dated: %g 2 Kevin C. Brazile Supervising Judge, ivil Los Angeles Superior Court 10 Central District 2/2212 106 FILED LOS ANGELES summon COURT JUN 1 02016 .Execmwe emcee: CLERK Dalia SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT In re Personal Injury Cases Assigned To the Personal Injury Courts (Departments 91, 92, 93, 97 and 98) FOURTH AMENDED GENERAL ORDER FINAL STATUS CONFERENCE, PERSONAL INJURY COURTS (Effective as of June 10, 2016) The dates for Trial and Final Status Conference having been set in this matter, the Court HEREBY AMENDS AND SUPERSEDES ITS January 26, 2015, AMENDED GENERAL ORDER- FINAL STATUS CONFERENCE AND GENERALLY ORDERS AS FOLLOWS IN THIS AND ALL OTHER GENERAL JURISDICTION PERSONAL INJURY ACTIONS: 1. PURPOSE OF THE FSC The purpose of the FSC is to verify that the parties counsel are completely ready to proceed with trial continuously and ef?ciently, from day to day, until verdict. The Pl Courts will verify at the FSC that all parties counsel have (I) prepared the Exhibit binders and Trial Document binders and (2) met and conferred in an effort to stipulate to ultimate facts, legal issues, motions in limine. and the authentication and admissibility of exhibits. TRIAL DOCUMENTS TO BE FILED At least ?ve calendar days prior to the Final Status Conference, the parties counsel shall serve and tile (in Room of the Stanley Mosk Courthouse) the following Trial Readiness Documents: A. TRIAL BRIEFS (OPTIONAL) Each pany counsel may ?le, but is not required to ?le, a trial brief identifying: the claims and defenses subject to litigation; (2) the major legal issues (with supporting points and authorities); (3) the reliel'claimed and calculation ol?dantages sought; and (4) any other information that may assist the court at trial. B. MOTIONS IN LIJMINE Before ?ling motions in limiuc. the partiescounsel shall comply with the statutory notice provisions of Code of Civil Procedure Section 1005 and the requirements of Los Angeles County Court Rule ("Local Rule") 3.5761). The caption of each motion in limine shall concisely identify the evidence that the moving party seeks to preclude. Parties tiling more than one motion in limine shall number them consecutively. Parties ?ling opposition and reply papers shall identify the corresponding motion number in the caption of their papers. C. JOINT STATEMENT TO BE READ TO THE JURY For jury trials, the parties/counsel shall work together to prepare and ?le ajoint written statement of the case for the court to read to thejury. Local Rule JOINT WITNESS LIST The parties counsel shall work together to prepare and ?le a joint list of all witnesses that each party intends to call (excluding impeachment and rebuttal witnesses). Local Rule The joint witness list shall identify each witness by name, specify which witnesses are experts, and estimate the length of the direct, cross examination rc-direct examination lifany) of each witness. The parties/counsel shall identify and all potential witness scheduling issues and special requirements. Any puny/counsel who seeks to elicit testimony from a witness not identi?ed on the witness list must ?rst make a showing of good cause. E. LIST OF PROPOSED JURY INSTRUCTIONS (JOINT AND CONTESTED) The parties/counsel shall jointly prepare and ?le a list of proposed jury organized in numerical order, specifying the instructions upon which all sides agree and the contested instructions, ifany. The Joint List of Jury Instructions must include a space by each instruction for the judge to indicate whether the instruction was given. F. JURY INSTRUCTIONS (JOINT AND CONTESTED) The partieslcounsel shall prepare a complete set of Full-text proposed jury insttuctions, editing all proposed California Civil Jury Instructions for Judges and Attorneys instructions to insert party names and eliminate blanks and irrelevant material. The patties shall prepare special instructions in a format ready for submission to the jury with the instruction number, title and text only there should be no boxes or other indication on the printed instruction itself as to the requesting patty.) I4 l5 l6 l7 G. JOINT VERDICT The parties counsel shall prepare and jointly file a proposed general verdict form or Special verdict (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 I'onn Local Rule and (8). H. JOINT EXHIBIT LIST The parties counsel shall prepare and file a joint exhibit list organized with columns identifying each exhibit and specifying each party's evidential-y objections, if any, to admission of each exhibit. To comply with Local Rules and 3.53, the parties shall meet and confer in an effort to resolve objections to the admissibility of each exhibit. 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). The parties counsel sltall mark all non~documentary exhibits and insert a simple written description of the exhibit behind the corresponding numerical tab in the exhibit binder. If the parties have a joint signed exhibit list and electronic copies of 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 trial commences. In the absence of either ajoint signed exhibit list or electronic copies, exhibit binders will be required by all parties at the Final Status Conference. TRIAL BINDERS REQUIRED IN THE COURTS The partiesr'counsel shall jointly prepare (and be ready to temporarily lodge for inspection at the FSC) the Trial Documents, tabbed and organized into three-ring binders as follows: Tab A: Trial Briefs Tab B: Motions in liminc Tab C: Joint Statement to Be Read to the Jury Tab D: Joint Witness List Tab E: Joint List of Jury Instructions (identifying the agreed upon and contested instructions) Tab F: Joint and Contested Jury Instructions Tab (3: Joint and/or Contested Verdict Forms The parties shall organize motions in limine (tabbed in numerical order) behind tab with the opposition papers and reply papers for each motion placed directly behind the moving papers. The parties shall organize proposed jury behind tab F, with the agreed upon instructions first in order followed by the contested instructions (including Special instructions) submitted by each side. FAILURE TO COMPLY WITH FSC OBLIGATIONS The court has discretion to require any party counsel who fails or refuses to comply with this General Order to Show Cause why the court should not impose monetary, evidentiary and or issue sanctions (including the entry of a default or the striking of an answer). Dated this [Oth day of June, 2016 "Klvin'C. Brazile Supervising Judge, Civil Los Angeles Superior Court