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Law Offices of Franklyn and Bash

123 South Broadway, Suite 100 Los Angeles, CA 90033

ATTORNEY NAME Esq. (Bar#123456) Tel: (323) 555-1000

Attorney for Plaintiff Harold Thomsen

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

THOMSEN, Harold, an individual

v.

Plaintiff,

City of Pasadena, a municipal corporation,

and DOES 1 through 100, inclusive,

Defendants

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NO.

COMPLAINT FOR DAMAGES

PLAINTIFF ALLEGES:

GENERAL ALLEGATIONS

  • 1. HAROLD THOMSEN, is, and at all times mentioned herein was a

competent adult resident in the city of Pasadena, California.

  • 2. Defendant, CITY OF PASADENA, is a municipal corporation duly organized

under the law of the State of California.

  • 3. Plaintiff is ignorant of the true names and capacities of defendants sued

herein as DOES 1-100, inclusive, and therefore sues these defendants by such fictitious

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COMPLAINT FOR DAMAGES

names. Plaintiff will amend this complaint to allege their true names and capacities

when ascertained. Plaintiff is informed and believes that each of the fictitiously named

defendants was acting as an agent for the others and is responsible in some manner for

the occurrences herein alleged, and proximately caused plaintiff’s injuries as herein

alleged.

  • 4. Plaintiff is informed and believes that at all times mentioned herein,

defendants and each of them, including DOES 1 through 100, were the agents,

servants, employees, and/or joint venturers of their co-defendants and were, as such

acting within the course, scope and authority of such agency, employment, and/or joint

venture.

  • 5. Plaintiff has complied with the applicable claims statute. A copy of the claim

is attached as Exhibit “A” and is made part hereof.

FIRST CAUSE OF ACTION

DANGEROUS CONDITION OF PUBLIC PROPERTY

  • 6. Plaintiff repeats and realleges Paragraphs 1 through 5 and incorporates the

same herein by this reference as if fully set forth.

  • 7. Defendant, City of Pasadena, is at all times mentioned herein a public

entity.

  • 8. On or about June 14, 2011, plaintiff was injured while sitting on a bench

under an oak tree which was planted on the lawn of the Pasadena Public Library

located at 285 E. Walnut St. (Subject Property) The plaintiff is informed and believes

that the city of Pasadena (Subject City) owns, has complete control, and maintains the

mature oak trees that are planted in the lawns of Subject Property.

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COMPLAINT FOR DAMAGES

  • 9. Plaintiff is informed and believes that on or about January 14, 2011 there

was a dangerous condition with the trees on grounds of Subject Property which caused

a large limb of one of the trees under which he was sitting to break off and injure

Plaintiff. (Subject Incident)

  • 10. Plaintiff is informed and believes that the dangerous condition created a

foreseeable risk of the type of injury suffered by the plaintiff.

  • 11. Plaintiff is informed and believes that the dangerous condition was caused

by the negligence of Defendant City’s employees or contractors hired to by the City by

failing to conduct proper routine care/maintenance of trees planted in proximity of the

Subject Incident.

  • 12. Plaintiff is informed and believes that Defendant City had actual knowledge

of the dangerous condition as prior to the incident, he recalls observing uniformed

personnel working on trees on the side of the lawn across from Subject incident yet

failed to post warning signs on entire Subject Property lawn.

  • 13. Plaintiff is informed and believes that Defendant City had constructive notice

of the existence of the dangerous condition for long to have taken action to protect

against it in the exercise of reasonable care by conducting proper tree care or

maintenance.

  • 14. Plaintiff suffered physical and economic damages and losses both present

and future. Mr. Thomsen has suffered a hematoma, shoulder bruising and sprain and

has undergone a course of physical therapy for eight months. He also suffered

permanent brain damage and resulting physical dysfunction. As a result of the incident,

he lost his employment of 10 years with Cal Tech along with an annual salary of

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COMPLAINT FOR DAMAGES

$42,000. He continues to experience memory loss, dizziness and headaches, now

walks with a cane and can no longer drive an automobile.

  • 15. That the dangerous condition was a substantial factor in causing the

plaintiff’s damages, injuries and losses.

WHEREFORE, Plaintiff prays judgment against the Defendants as follows:

ON THE FIRST CAUSE OF ACTION:

  • 1. For general damages according to proof.

  • 2. For special damages according to proof.

  • 3. For costs of suit incurred herein.

  • 4. For such other and further relief as the Court may deem proper.

LAW OFFICE OF ____________________

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ATTORNEY NAME, Attorney for Plaintiff

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COMPLAINT FOR DAMAGES

STATE OF CALIFORNIA

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COUNTY OF LOS

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ANGELES

 

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VERIFICATION

I, the undersigned, hereby certify and declare that I have read the forgoing

COMPLAINT FOR DAMAGES and know the contents thereof.

I am the plaintiff in this action and make this verification for that reason. I am

informed and believe and on that ground allege that the matters stated in the document

described above are true of my own knowledge, except as to matters which are therein

stated upon my information or belief, and as to those matters that I believe them to be

true.

I declare under penalty of perjury pursuant to the laws of the State of California that the

foregoing is true and correct.

Executed on

____________________

at

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, California.

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HAROLD THOMSEN

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COMPLAINT FOR DAMAGES