sumo SUMMONS ae (CITACION JUDICIAL) NOTICE TO DEFENDANT: camoncoswnoceoy DELAYREDUCTION CASE | ENDORSED REDD RESTAURANT; PIERLESS FISH CORP, and DOES 1 through 50, inclusive, YOU ARE BEING SUED BY PLAINTIFF: JUL 10 2018 (LO ESTA DEMANDANDO EL DEMANDANTE): ‘CLERK OF THE NAPA SUPERIOR COURT CREAMS SACENOF,ninitay ngeamceaarniaeeate | Oe LENO LARRY SACKNOFF, deceased, see attachment THOTIGEI Vou rave Sean aus i as ay Gases yu wih Var Bang aid wes you pond wn 30 Gye Reads imal bow "You have 30 CALENDAR DAYS ster hissunerans ad legal papers are served on youn le a wile response al is cout and have a copy serve ante lat Allo phane call wot pete! You. You Won respons ust b proper tga fom you war cat hea Your se, thore ey be a curt fer hat you can ue rye response You can fd ies coat sand ve nara ate Catfas Couts {ine Ga Help Cnir(mmcottnanca gous), you unl aw ayo he auras nett ou you cana aye ng fea 3 the cour er fr foe wsher frm. Fyou donot ie your oxporemon Gi, you ay ea a care by dell, an your wegen, mary, ad propery ‘ay be aerate warring fom he out "Thre are ota eal eqiements. You may wea allan alaney iit ay. youd not know an atorey, you may wart cl an alsney ‘efor sec. yoo canard sn ator you maybe ele er te aga andes frm 2 nonpreileplseces programs You can ocala ffocorenpot ype at calli tags Samosa Web ats (ann onneipeaomin. or), he Cala Cours Onin See Cote (in cout a gee) er by sonzerg Your a cour or oon ear esovaton. NOTE: Tha cov Mea alr he fr aed fees ant Saale on ony slcment a artaton war of $10,000 er more ae case. Te cout Fen must e pal before the cot wil Gas Ie ate, JAWISOI Lohan deandac. Si rsponde der de 30 cas, cafe puedo dec on su cna sh xcuchar sd vera. Lea is noamacn& Sonne Tene 30 IAS OE CALENDARIO despues de que Is artoguen sl ia y popes agate pare presenta na respuesto pores en sta cave aso que so entague una coi al mando, Ura sara 9 ana las alla oo prolegan. 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Conoco Ayuda ise Cartes de Calon, amu sect ca go) 9 ponds en caracio con corte oof ‘elgio se beles.AVISO: Poy, cova tene derecho a rctmar ae cools ste eras po nponer in graven eae bogacae ‘table recuperation de $16000¢ nds de var reba mecaneun acuerdo o ure carci do bra on ur cas co fecha ed. Tere uo Dagarel grvnmen dace oras de gue cotepusdsdosocar a caso. “The namo and adores of he court i: mies 2.6 - 66839 (Elnamy aocon dla corse) ‘Superior Coutt of California County of Napa Civil Division 1111 Thied Street, First loor Napa, CA 94559 ‘The name, adress, and telephone numberof pans attomey or plain without an atone is (Elnombr, la creceén yo! numero da felons da abogadk dol demandante, Gel derandante que no ane sbogac es) ‘Ahmed §, Diab 655 W Broadway Suite 1700 San Diego, CA 92101 619-237-3490 RICHARD D. FELOSTEN ep pave, JUL 1 0.2085 at by (Fecha) (Secretaria) L BROWNFIELD (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) {Part pnb ce oriraga ce ste cation oo ermero Poo f Sens of Sur, (POS-910), deere ee eee eee SOTCE 70 THE PERSON SERVED: ou ue sored lasses 1, () a8 en individual defendant. 2. [ES] Se prton sued incerta name ofp 3. (J enter spo under [] CCP 416.10 (corporation) J CEP 416.80 (minor) (55) cer 4t620(Getinacorccaion) — F]_ cP 418.70 (cosanates) (E] ci at640esreoatonorparnership) [=] CCP 416.90 authored person) (anor ope 4,1 pra evry on at ste pants ea SUnMONS carccahae ot Saas isMc-025 ‘SHORT TITLE: ‘CASE NUMBER | Stefanie Sacknoffet al, v. Redd Restaturant, et al. ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Couns form.) |ASHLEY SACKNOFF, individually and as successor in interest to LARRY SACKNOFF, deceased, KRISTY KECKLEY, individually and as successor in interest to LARRY SACKNOFF, deceased, and MARY PAPAS, land SCOTT PAPAS, Page 2 of 2 (ifthe lem that this Attachment concerns is made under penalty of perjury, al statemonts in this Attachment are made under penalty of peru nalty of perjury.) (Add pages as roquired) ATTACHMENT er oer to Judicial Council Form "sear teTRS TER ean ae “ain Gomer (GDN 171400 aimed. Bab (SAN 252010 Gomer Wi Albmeye 6 West broazuay, Gute 1700 San Diogo, CA 02701 reuntnna610257-9490 rea 018-297 9488 emerrnnun Pla Sione Sacro RSED [aren cour or auras ciarror APR mcrae 1111 Thr Soe Fst For women, 1111 Th Steet Fit Poor JUL 1.0 205 Sroomense Napa, CA 4889 oct Hl Courthouse foe ae ASE NAE Sofone Sacto ot av Rodd Resiaant Tal el WIL CASE COVER SHEET a ae agraion | OE Unlined) Lines oe a 26 -66839 tioout Geno a (oretoa fara is_| Fat fit goes aon Semsisom g800ereo| "(ea nusesCosts sai | on ems 76 Beta mus! bo completed (oe aston on page 2 Fs Check ono ‘pate Tort Provisionally Complex Civil Litigation ‘alo 22) Treo of cetecarany 0s) {Ga Rue of Cour 0-340 Unies os 4) flea aeafcers ‘okra ego 3) GierPtppw FeronltaaniPrpnry —]Oberetecio (0) Corsten det 0) Saeagetrongt best Ter Ineweencerease is) CY Masser (0) pes Ser eonec 7) ()sountes aston 2) Cy Pretty oy ‘Real Property [5] enirormansyraste a2) asst (0) Cf crnertémanrene C1 snes ove cir sy om he BQ oterriromo ey oe Seelueiraot mtn neuron men for rong aon 9) ‘Buses totfnfarbuslesspracon (07) ] Otho real pope (28) Enforcement of Judgment tts 0 Salve! boser FP Erementar 2 1 betonaion 2) ‘Comma 6) iyatenoun Cit Compai, Foose) Reston 2) Room Insc pany 8) Chor asmokint ret pct om) (2) 1 Prefesslonat nagligance (25) ‘Miscellaneous Civil Petition (fermen riroMD te) ce ars 5) [1 Porerstip ond coer corenance @) Exrloyrant Patan ecetntn vrs) El Orpen rt epee tr) 2) Ey oroteminatin 0 Wot manena oer emer) terol Tris case E1le Bdisrot _complox under rule 2.400 ofthe Cafenia Rules of Cour. ihe ca {actors requbing excoplonal judisal management: 2. LJ Lage number of separately represented partes. dC] Lerge numberof winesoes b. Extensive motion practie raising dificult orrovel e. [-] Coordination with ated actions pandng none cr more courts Tasuee Ut wil bo me-consuming fo rosolva In other cous, states, o counties, orn afeeral cout [1 Substaniat amount of cocumentary evidence, []__Subetontal posjudgmen udzial superision ‘3, Rdmedies scught (chack al tha eppy): 2. monetary &. C)} nonmonctary; declaraieyorinjunciverelet — «. C]puntive 44. Number of auses of action (speci): S 6, Triscase C] ts Bd isnot aciass acton aut. 6,_Ifhere ore efy known rated cates, fe and serve a nates ofeated ly 10, 2018 John H. Gomez. is conpie, mark he NOTICE «+ Pllnf must fle this cover shest wth th fret papa flo in tho action or proceeding (except smal claims cases or cases fled peri Poe Goe Fay Coe, o Wola ar instuons Coe) (Cl Hus Cat, e 2220) Fae o fe may et In ganctions. 1 Fil this cover shoe In aton to any covers red by lool court ule, ile eaae complex under ula 2400 et coq, of the Oslforia Rules of Cour, you must serve copy ofthis cover sheet cn thar farts to the ston or procesding. «= Unless this cllectons case under rule 3.740 ora complex case, this cover sheet wl be used for statistical purposes only. vl Purposes ony. = ‘IVIL CASE COVER SHEET SS Secale SascM.o10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are fling a frst paper (for example, @ complaint) in @ civil case, you must ‘complete and file, along with your frst paper, the Civil Case Cover Sheet contained an page 1. This information willbe used to comple Statistics about the types and numbers of cases fied. You must complete items 1 through 6 on the sheet In item 1, you must check ‘one box forthe case tyoe tat best describes the case. Ifthe case fts both a general and a more specific type of case listed in tem 4 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 ofthe cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your inital paper. Failure fo fle a caver sheet with the first paper fied ina civil case may subject a party its counsel, or both to sanctions under rules 2,30 and 3,220 ofthe California Rules of Court To Parties in Rule 3.740 Collections Cases. A “collections caso" under rule 3.740 is defined es an action for recovery of money ‘vied in @ sum stated to be certain that isnot more than $25,000, exclusive of interest and attorneys fees, arising from transaction in which property, services, or money was acquired on credit. A colections case does not include an action seeking the folowing: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal propery, or (6) a prejudgment writ of attachment. The identification of a case a6 a fule 3.740 collections case on ths farm means that it will be exempt from the general time-forservice requirements and case management rules, unless a defendant fies a responsive pleading. A rule 3.740 collactions case willbe subject tothe requirements for service and oblaining 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. Ifa plaintiff believes the case is complex under rule 3.400 of the California Rules of Cour, this must be indicated by completing the appropriate boxes in items 1 and 2. Ifa plaintif designates a case as complex, the cover sheat must be served with the complaint on all parties to the action. A defendant may fle and serve na later than the time of ils first appearence a joinder in the: Plaintif's designation, a counter-designation that the case is not complex, or, fhe plaintif has made no designation, a designation that the case is complex. (CASE TVPES AND EXAMPLES Auto Tort Contract ‘Auto (22}-Personal ijuy/Propery Breach of ContracuWarranty (06) ‘Damage/Wrongiul bean ‘Broach of Rental.oase Lninaurod Motor (46) (na Contract rot uniawldotainer ‘ase invalves an uninsured ‘orvongtu eviction) ‘motorist eaim sje! fo Contactar ‘iterator, chock tis fem Provisionaly Complex Civil Litigation (Cal, Rules of Court Rules 3.400-3.408) “Aniut/rade Regulaon (03) ‘Construction Defest (10), {Gams trvolving Nass Tort (4) SocuriosLitgation (2), Environmental Toxic Tort (0) Instead of ute) Negigent Broach of Contact Irsuranen Coverage Clams ‘other PUPDIAD (Personal injury! Warranty {sing trom prvisonaly compton Property DamageMWrongtu! Death) tor Breach of ContractWarranty ese type sted abeve) (43) Tort Collections (03. money oved, open Enforcement of Judgment ‘Asbestos (04) ook acount) 08) "Enforcement of udgment (20) “Asbestos Property Damage Collection Caso. Soot Plitit ‘Abstract of Judgment (Out of ‘Asbestes Perooalinury? (thar Promissory NoteiCallecions County) "engi Death ‘case Confession of Judgment (non Product silty (net asbestos or Insurance Coverage (no prevsinaly domestic relations) (oxbfenditonmenta (28) comple) (18). ‘Sister State Jedgmen! Mesical Walpractice (45) ‘Auto Subrogation ‘aministratve Agency wars Medial alain (ther coverage [not unpaid taxes) Physicane & Surgeone other Contrast (37) PouionCartfiaton of Enty of ‘Other Professional Heath Care Contvacual Fraud “losgment on Unga Taxes Malpractice ‘Other Contract Dispute ‘omer Enforeoment of Judgment Commer PUPDIID (23), Ral Proparty Case Promises Lata (09, sip Eminent Domsivinverse Miscellaneous Civil Complaint and) ‘Condomnaton (14) fico (7), intantonal Baty InuryPoAND rongtul Evision (3) (thor Complaint (nt soeotied (a aseaut, vandal) ‘ther Real Property (eg viet tle) (26) ‘above (82) Intentional nein of ‘Wt of Possession of Real Property Decaratoy Rlet Only ‘Emotonal Distess Morgage Foreclosure Injuetve Rit Ony thon Nagigont Inticion of ust Tae harassment) Emotonal Dress Ctr Real Property (not eminent Mechanis Len Other PLEDNND Afomair,fanciordtenant or ter Commorcial Complaint Non-PUPDIWD (Other) Tort forecoaure) (Case faortortnoncomplex) Business TertUniair Business Uniawful Detainer otner Cull Complaint Practice (7) ‘Commercial (31) (non fordron samen) ‘cut Rights (e.g, ascrminaton, "alse ares (nt cv! harassment (08) Defamation 2.9, stander, bt) (9) Fraud (10) Infallectual Property (19) Profesional Noglgonce 25) Logal Mapractee, (ithe Professional Maipractice (oot meclea or aga ther Non PUPDIND Tort (95) Employment ‘feng Termination (36) Other ‘Employment (15), Residental 22) rage (8 he ase oes eg ‘set Foret (05) Pettion Re: arbiraton Award (11) Wi of Mandate (02) ‘Witsminisratve Mandamus ‘Witandamus an Lined Cour ‘Case Matter ‘Whit-Other Liited Court Case ‘Review ther sual! Review (39) wien of Heath OFfoer Order Notes of Appeat-Laboe ‘Commissioner Appeals IMiscotanedtis Chil Petition Partership and Corporate ‘Governance (21) Other Pttion (ot specied ‘above) (43) ial Harassment ‘Wrorklace Vstonco Elde/Dependen! Ada ‘abuse Elocton Contest Petion for Name Change Petton for Rai From tate ‘azn ‘ter Civ Pelton CIVIL CASE COVER SHEET maaBy Fax Jl Jom 1 Gone aN 745 poet iB a | Ahmed S. Diab (SBN 262319) SLERK OF Tp Gowez‘Trrat. ATTORNEYS oy PEAREOR cower 55 W. Broadway, Suite 1700 re [San Diego, California 92101 ‘Telephone: (619) 237-3490/Fax: (619) 237-3496 Ron Simon, Texas. Bar No. 00788421 Row Simow & Associariss 800 Gessner Road, Suite 1240 Houston, Texas 77024 ae Telephone: (713) 335-4900/Fx: (713) 335-4949 PLAGE: Cou ys _ Se Pending Pro Hae Vice) “Bs toner tae CA EGOS Attorneys for Plaintis NAPA SUPERIOR COURT ‘tit THIRD STREET NAPA, CA 84589 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF NAPA LARRY SACKNOFF, deceased, byand ——)_Case No, 26-6839 through his suecessor-in-interest, KRISTY) KECKLEY; KRISTY KECKLEY, an ) individual; ASHLEY SACKNOFF, an ) individual; STEFANIE SACKNOEF, an ) individual; MARY PAPAS, an individual; ) FIRST AMENDED COMPLAINT FOR, Jand SCOTT PAPAS, an individual, DAMAGES DEMAND FOR JURY TRIAL, (Unlimited Civin) ) ) Plaimits, ) ) ys. } REDD RESTAURANT; PIERLESS FISH} CORP., and DOES | through 50, inclusive, DELAY REDUCTION CASE } Defendants } eae) Pints, by and through ther attorneys of record Ron Simon & Assockates and Gomez Tat Attorneys hereby allege as follows: PRELIMINARY ALLEGATIONS |. Plaintiff KRISTY KECKLEY is an adult resident of Sen Diego County, California, She brings suit individually and as successor in interest to her father, Larry Sacknoff, deceased, and for the wrongful death of her father, Larcy SacknofT. 2. Atall times mentioned herein, Plaintiff ASHLEY SACKNOFF was, and still i, the living T First Amended Complaint for Damagesdaughter of LARRY SACKNOFF. At all times mentioned herein, Plaintiff STEFANIE SACKNOFF ‘was, and still is, the living daughter of LARRY SACKNOFF. Plaintiffs ASHLEY SACKNOFF and ‘STEFANIE SACKNOFF bring suit herein against Defendants in their individual capacity as wrongful death Plaintiffs, 3. Plaintiffs MARY AND SCOTT PAPAS, are residents of Palm Desert, Riverside County, California, 4, Decedent Larry Sacknoff was an adult resident of San Diego County, California at the time ‘of his death on August 16, 2014 5. Defendant REDD RESTAURANT (hereinafter “Redd”) is a California corporation headquartered in Yountville, Napa County, CA. It may be served through the General Manager, Guy Rebentisch, at 6480 Washington Street, Yountville, CA 94599, 6. Defendant PIERLESS FISH CORP. (hereinafter “Pierless”) is a New York corporation headquartered in Brooklyn, New York. It may be served through its Chief Executive Officer, Robert Demasco at 5600 1" Avenue, Unit B9, Brooklyn, New York 11220. 7. Plaintiffs do not know the true names and cap: s, whether corporate or otherwise, of those Defendants sued herein as DOES | through 50, inclusive, and Plaintiffs pray leave that when the true names of said Defendants are ascertained Plaintiffs may amend this complaint to insert the same with appropriate allegations. Plaintiffs are informed and believe, and upon such information and belief, allege that each of the Defendants designated herein by such fictitious names are responsible in some manner for the events described herein, and caused injuries and damages to Plaintiffs, JURISDICTION AND VENUE 8. Plaintiffs hereby incorporate paragraphs | through 8 above. 9. Jurisdiction and venue are proper in Napa County because the Defendants conduct regular business activities in Napa County. Further, Defendant Redd Restaurant is a California ‘corporation, and Redd Restaurant and Pierless Fish Corp. (“Defendants”) engage in substantial, continuous, and systematic contacts with the State of California, purposefully directing their activities towards California, including the placement of their goods into the stream of commerce with the intent and expectation that they will likely be repurchased and used by consumers in California. This a First Amended Complaint for Damageslitigation arises out of those activities. GENERAL ALLEGATIONS 10. Plaintiff hereby incorporate paragraphs 1 through 10 above. About Vibrio L1. Vibrio parahaemolyticus (hereinafter “Vibrio”) are gram-negative, rod-shaped bacteria that occur naturally in estuarine or marine environments. According to the Centers for Disease Control and Prevention (CDC) there are roughly a dozen species that are known to cause disease in humans. Annually, Vibrio accounts for approximately 80,000 illnesses, 500 hospitalizations, and 100 deaths in the United States alone, 12, Infectior is usually from exposure to seawater or consumption of raw or undercooked seafood, which has led to many state requirements, including California that restaurants post warnings on undercooked or raw seafood served to consumers. 13. Vibriosis, th Iness caused by Vibrio, is characterized by diarthea, primary septicemia, wound infections, or other gastrointestinal disease. Vibrio and vibriosis are nationally notifiable diseases, Plainti * Vibrio Hines 14, On July 21, 2013, Larry Sacknoff and Mary and Scott Papas enjoyed a meal at Redd Restaurant located on 6480 Washington Street, in Yountville, Napa County, California, that included both a scallop appetizer and, for Larry, a scallop entrée, Later that same day, all three became ill with symptoms consistent with food poisoning. For Scott and Mary Papas, this included voluminous, severe, diarrhea, which within days resulted in severe dehydration, Ironically, Scott and Mary had just embarked on a six week long vacation. They were forced to self-medicate and endure the worst of the illness through rest and hydration. Luckily, both were otherwise healthy. Scott procured prescriptions for both metronidazole and ciprofloxacin, which they took upon onset of the symptoms, 15. After weeks of illness, Mary sought medical attention for “a recent history of food poisoning” and was placed on an additional regimen of Cipro — her physi also ordered genetic testing to see if she was inclined to suffer Lynch Syndrome, which is associated with cancers of the colon, rectum, stomach and small intestine, First Amended Complaint for Damages16. For neatly five weeks the Papas were unaware that Larry was suffering the same illness. During this time Scott lost 15 pounds and suffered from fatigue, weakness, and reduced appetite. Both he and Mary’s symptoms had resolved by late August, and by September their conditions had normalized. 17, Lary Sacknoff was not as fortunate. He suffered from a compromised immune system due to recent cardiac transplantation. On July 29", Larry went to see an infectious disease specialist in ‘the UC San Diego Health System, presenting with a recent history of diarrhea. Larry's physician was concerned that Larry had become infected with Vibrio, salmonella, shigella, campylobacter, shiga toxin producing bacteria, or another pathogen, because Larry was the recent recipient of a heart and ordered a CBC w/D Diff and a CMP. transplant, ‘The physician conducted a thorough evaluat Alarmingly, Larry's WBC demonstrated elevation to 16,000. She also ordered a C. Difficile, stool giardia, and stool culture before conditionally diagnosing Larry with infectious diarrhea and immunosuppression secondary to a post-heart transplant, 18, Larry's physician sought to admit Larry, but agreed to let him go home with a three week course of Vancomycin, a broad range anti-bacteria medication, to fight suspected bacterial infection. In her notes, the infectious disease physician noted the source of Larry’s illness was “most probably Redd Restaurant in Napa Valley (Yountville) where he ate cooked scallops.” 19. On August 2”, the results of the stool test came back positive for heavy growth of vibrio parahaemolyticus. The attending physician immediately transmitted the report to San Diego County Public Health Department and ordered Larry to take a seven-day regimen of Cipro followed by seven days of Vancomycin, Unfortunately, Larry's condition persisted, with chronic diarthea. Larry again sought medical attention on August 22 at UC San Diego. This this time doctors admitted him to ‘Thornton Hospital with a recent hit (ory of 30 days of diarrhea and abdominal pain. 20, The attending physician noted Larry’s history of vibrio parahaemolyticus gastrointestinal infection, ordeted an abdominal and pelvic CT, numerous blood tests, an additional stool test, and a colonoscopy due to ongoing diarrhea, black stools, and abdominal pain. His physician ordered biopsies during the colonoscopy which, while evincing mild acute ileitis of the small bowel, ‘were mostly unremarkable and consistent with injury due to Vibriosis infection, = First Amended Complaint for Damages21, During his stay at Thornton Hospital, his treating physicians continued to administer an aggressive battery of antibiotics, including Flagyl and Doxycycline, to fight vibrio parahaemolyticus infection. Larry was subjected to daily blood work to monitor the impact of this infection on his heart ‘and overall health given his recent heart transplant and suppressed immune system. The infectious disease physician believed the gastrointestinal illness had caused health complications related t0 Larry's recent heart transplant. 22. On August 23", doctors subjected Larry to a colonoscopy due to ongoing diarrhea, black stools, and abdominal pain. The performing physician analyzed the biopsy samples of the small bowel, right colon, left colon, small intestine, and stomach and diagnosed Larry with acute ileitis, benign small intestinal mucosa — findings consistent with infection. He also noted “diarrhea, status [post heart transplant. History of vibrio gastrointestinal infection.” 23, Larry's physicians continued to administer Flagyl and Doxyeyeline to fight both C diff and vibrio parahaemolyticus infection, and to subject Larry to daily blood work to monitor the impact, of this infection on his heart and overall health given his recent heart transplant and suppressed immune system. The attending physician, in coordination with myriad physicians and consulting specialists, discharged Larry on August 26". The infectious disease physician believed the gastrointestinal illness had caused health complications related to Larry’s recent heart transplant. 24. Larry presented for follow up treatment to his primary physician on September 24, 2013, who ordered a stool culture and blood tests, including a cryptosporidium/cyclospora test, an immune ‘cell function test, a CMP, and a CBC. She noted elevations in Larry’s WBC, RDW, platelet count, absolute neutrophil count, absolute monocytes, creatinine, and numerous low level components in Larry’s CMP. 25. Larry saw his primary physician again on October 17", and she again ordered a number of tests to monitor Larry in the aftermath of his vibrio parahaemolyticus infection. In addition to the CBC and CMP, which were fairly consistent with the previous tests results of 9/24/13, she ordered a Tacrolumus, immune cell function test, and CMV IGG/IGM AB Panel. During this visit, she also prescribed Dificid to combat what had now become defined as “chronic” diarrhea, 26. — Following the results of the tests performed on October 17", Dr. Savoia saw Larry again a First Amended Complain for Damageson October 21* to perform follow-up testing. This included a phosphorus blood test, and auto immune testing including a Tacrolimus test and a Sirolimus test in part to monitor the impact of Larry’s recent infection and hospitalization on his organ transplant, Larry underwent similar testing for follow-up on October 30", November 6", and December 4", 19", and 23% January 10", 14", and 30", February 10" and 25". The results of these numerous tests demonstrate, on one or more of these occasions, continued elevations of WBC, elevated platelet count, elevated RDW, potassium, total protein, and decreased levels of HGB, HCT, MCV, and MCHC. 27. The ongoing difficulties that had been caused by Vibrio exposure nearly 10 months earlier had become nearly debilitating. On March 7", 2014, Larry was again seen by his primary physician who again ordered a stool test and an O & P screen to determine if there was a cognizable source of the ongoing gastrointestinal issues. The stool culture showed no normal enteric gram negative rods, no salmonella, no shigella, no E. coli and no campylobacter. A stool Giardia DEA was ‘also negative as was the O & P. A few days later, on March 12", a different physician expanded on the traditional stool culture, ordering a stool H Pylori antigen, Quantiferon, as well as ‘TB blood test, and basic blood work. Larry's WBC remained elevated, as did his platelet count, absolute lymphocytes, absolute monocytes, and on his CMP, his BUN, creatinine, potassium, calcium and total protein. This same physician also ordered a Ferritin blood test, Iron blood test, and UIBC blood test, all of which were significantly out of range. He also ordered an HIV antibody test and a full hepatitis panel, all of |which were negative. 28. Over the next few months, Larry continued to seek and receive medical treatment, but the effects of Vibrio Parahaemolyricus poisoning, and the ongoing impact such illness had on his recent heart transplant and suppressed immune system, could not be reversed. 29. On August 16, 2014, approximately one year after his exposure to Vibrio Parahaemolyticus poisoning, Larry Sacknoff died. Larry's fragile condition simply could not handle the aggressive Vibrio pathogen, and the Vibriosis set Larry on a fatal path from which he was unable to recover. Redd Restaurant Vibrio Parahaemolyticus Outbreak 30. The Napa County Public Health Department (NCPHD) was notified of a positive stool = First Amended Complain for Damagestest for vibrio parahaemolyticus infection shortly after Lary Sacknoff’s stool culture came back positive, NCPHD immediately launched an investigation into the suspected source — i. sautéed, stove-top scallops. As the investigation continued, as evinced in the Seafood Investigation Report, officials linked the scallops to ultiple illnesses,” which included Mary and Scott Papas. 31. Investigators were able to trace the scallops’ otigin through Redd Restaurant invoices to Pierless Fish Corp. located at 5600 I** Ave, Unit B9 in Brooklyn, NY. 32, On August 6, 2013, approximately two weeks after Plaintiffs consumed scallops at Redd, the Napa County Department of Planning, Building, & Environmental Services (NCDPBES) conducted an inspection of Redd Restaurant. During this inspection, officials found the restaurant to be Out of Compliance in three key food safety areas, including: a, A failure to observe proper cooking time and temperatures; b. A failure to clean and sanitize food contact surfaces; and . A failure fo maintain proper hot and hold holding temperatures for prepared food. 33. Inspectors also found that the scallops, prepared and plated during the inspection itself, ranged in temperature from 108 degrees to 132 degrees - far below the 145 degree cooking requirement. According to one inspector: Caramelized scallops were prepared and plated during the inspection. ucrnal temperature of all scallops were ten and ranged from 108F to 132K. Cook scallops to a minimum of 145, If serving’ scallops less than thoroughly cooked, a consumer advisory must be provided. 34. This was a key finding, provided that the basis of this regulation is in part due to the dangers of Vibrio. Stacey M. Harrington, R.E.H.S, M.S., the Environmental Management Coordinator for NCDPBES, stated in an email to Scott Papas that her “inspector conducted a complete inspection on 8/6/13 . . . Because of the inherent risk of eating raw or undercooked seafood, the law requires a facility to notify the consumer, orally or in writing, that the food is raw or less than thoroughly cooked. ‘This violation was noted during the inspection.” 35. The inspector had issued a “NOTICE TO COMPLY” which stated that Redd Restaurant had neither cooked the scallops to an internal temperature of 145F nor posted the requisite consumer advisory when serving undercooked scallops. This is an egregious violation of well established food = First Amended Complaint for Damagessafety regulations by a restaurant that served seafood on a daily basis. 36, Incredibly, officials made these findings even though Redd Restaurant, by this time, had already become aware of and been placed on notice that a number of individuals had reported sicknesses after eating the scallop dish at the restaurant. FIRST CAUSE OF ACTION (Strict Produets Liability) 37. Plaintiffs hereby incorporate paragraphs | through 36 above. 38. Atall times, Defendants were in the business of importing, manufacturing, distributing, and marketing scallops for consumption. 39. There was a manufacturing defect in the scallops when they left Defendants’ possession and control because they contained Vibrio, The presence of Vibrio is a condition of the product that rendered it unreasonably dangerous and adulterated within the meaning of Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 342(a), and implementing regulations. See 21 C.P.R. §109.3(c) and (¢), 40. There was a marketing defect in the scallops when they left Defendants” possession and control, ‘The scallops were defective because they contained Vibrio and Defendants failed to give adequate warnings of the product's dangers that were known or by the application of reasonably developed human skill and foresight should have been known, Defendants also failed to give adequate warnings and instructions to avoid such dangers. Defendants’ failure to provide such warnings and instructions rendered the scallops unreasonably dangerous. 41, Defendants’ conduct was a direct, proximate, and producing cause of Plaintifis" injuries and damages set forth below. 42. Defendants are therefore strictly liable for importing, manufacturing, distributing, marketing, and selling defective and unreasonably dangerous scallops and introducing them into the stream of commerce. SECOND CAUSE OF ACTION (Negligence) 43. Plaintiffs hereby incorporate paragraphs 1 through 42 above. 44. Defendants owed Plaintiffs a duty of ordinary care in the manufacture, preparation, - First Amended Complaint for Damages1 J testing, packaging, marketing, distribution, and selling of the scallops in question, Further, Defendants 2 | owed Plaintiffs the duty of warning or instructing Plaintiffs of potentially hazardous or life-threatening 3 | conditions with respect to the scallops. 4 45. Defendants breached their duties in one or more of at least the following ways: 3 a, negligently importing, manufacturing, distributing, and marketing the scallops; 6 b. failing to properly cook the scallops; i ¢. failing to properly warn of the dangers associated with undercooked scallops; 8 d, failing to properly test the scallops before placing them into the stream of 9 commerce; 10 €. failing t0 adequately monitor the safety and sanitary conditions of th i premises; 12 f. failing to apply their own policies and procedures to ensure the safety and 13 sanitary conditions of their premises; 14 8 failing to adopt and/or follow FDA recommended good manufacturing practices; 15 h, failing to take reasonable measures to prevent the transmission of Vibrio and 16 related filth and adulteration from their premises; 7 i, Failing to place proper warnings on the scallops prepared at temperatures known 18 to be inadequate to prevent pathogens such as Vibrio fiom sickening consumers; 19 J. failing to properly train and supervise their employees and agents to prevent the 20 transmission of Vibrio and related filth and adulteration fom their premises; 21 k, failing to warn Plaintiffs and the general public of the dangerous propensities of 2 the scallops, particularly that they were contaminated with Vibrio, despite 2B knowing or having reason to know of such dangers; and 4 failing to timely disclose post-sale information concerning the dangers 2s associated with the undercooked scallops. 26 46. Defendants’ conduct was a direct, proximate, and producing cause of Plaintiffs’ injuries 27 J and damages set forth below. 28 47. All dangers associated with the contaminated scallops were reasonably foreseeable a First Amended Complaint for Damagesand/or scientifically discoverable by Defendants at the time Defendants placed the scallops into the stream of commerce. ‘THIRD CAUSE OF ACTION (Breach of Implied Warranties) 48. Plait ffs hereby incorporate paragraphs 1 through 47 above. 49. Defendants are merchants who manufacture, import, distribute, market, and/or prepare scallops. Plaintiffs are consumers. 50. Defendants breached the implied warranty of merchantability by impliedly warranting that their scallops was of merchantable quality and were fit for human consumption when it was not ‘due to the presence of Vibrio. Plaintiffs reasonably relied upon Defendants’ skill and judgment as to ‘whether the scallops were of merchantable quality and fit for human consumption. 51. Defendants breached the implied warranty of fitness for a particular purpose, by holding out unreasonably dangerous scallops (ie. scallops containing Vibria) to the public as being safe when they knew or had reason to know that the scallops were not safe and that the public would consume the scallops. 52. Defendants did not disclaim these implied warranties 53. Defendants’ conduct was a direct, proximate, and producing cause of Plaintif injuries and damages set forth below. DAMAG! 54. Plaintiffs hereby incorporate paragraphs | through 53 above, 55. Defendants’ conduct was a direct, proximate, and producing cause of Plaintiffs” injuries and damages, cluding but not limited to damages in the past and future for the following: pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of enjoyment of life, medical and pharmaceutical expenses, travel and travel-related expenses, emotional distress, lost ‘wages, lost ear 18 capacity, loss of consortium, and other general, special, ordinary, incidental and consequential damages as would be anticipated to arise under the circumstances. 56. Lary Sacknoff died as a direct result of Defendants’ actions outlined above. Plaintiffs Ashley Sacknoff, Kristy Keckley, and Stefanie Sacknoff seek damages individually, and as successors = =10- First Amended Complaint for Damages| | in interest to the claims of the decedent Larry Sacknoff, through a survivorship action on their behalf 2 | pursuant to California Code of Civil Procedure § 377.30, et. seq. 57. Plaintifis Ashley Sacknoff, Kristy Keckley, and Stefanie Sacknoff also seek wrongful 4 | death damages allowable under California Code of Civil Procedure § 377.60, et. seq. 3 ee a aw 10 n 58. WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: a b, © a Past and future economic and non-economic damages; ‘Court costs; Pre- and post-judgment interest at the highest rate allowed by law; and For such other general and special relief as the Court deems just and proper. URY DEMAND PlaintifS demand a jury trial for all triable claims, Dated: July 15, 2015 GOMEZ, |AL/ATTORNEYS John H. Gomez, Esq, ‘Ahmed 8. Diab, Esq. RON SIMON & ASSOCIATES Ron Simon, Esq. (Pending Pro Hac Vice) Attorneys for Plaintiffs re First Amended Complaint for Damages