led FEB SUPERIOR COURl l.h '-.. irornia BY DEPUTY 1. GENERAL NEGLIGENCE 2. WILLFUL MISCONDUCT 3. WRONGFUL DEATH 4.

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1 0 0 Benjamin P. Tryk, Esq. () John R. Waterman, Esq. () TRYK LAW, P.C. N. Howard St., Ste. 0 Fresno, California 0 Telephone: () 0-0 Facsimile: () -0 ben@tryklaw.com Attorneys for Plaintiffs, MABEL SHEKLIAN, ARSEN SHEKLIAN, ELIZABETH WATKINS-SHEKLIAN, ALEX SHEKLIAN led FEB - 0 SUPERIOR COURl l.h '-.. irornia BY COUNTY OF FRESNO IN AND FOR THE SUPERIOR COURT OF CALIFORNIA ARSEN SHEKLIAN, an individual and ) COUNTY OF FRESNO successor-in-interest to decedent, GEORGE ) SHEKLIAN ALEX SHEKLIAN, an individual and ) successor-in-interest to decedent, GEORGE ) SHEKLIAN, ELIZABETH WATKINS-SHEKLIAN, ) an individual and successor-in-interest to ) decedent, GEORGE SHEKLIAN, MABEL ) SHEKLIAN, an individual and successor-in- ) interest to decedent, GEORGE SHEKLIAN, ) ) ) PLAINTIFFS, ) ) vs. ) ) MARILYN PANEK, an individual and DBA as ) FRESNO FIREARMS, LTD., FRESNO ) FIREARMS, LTD. AND DOES TO 0, ) ) DEFENDANTS. ) -) Case No.:. GENERAL NEGLIGENCE. WILLFUL MISCONDUCT. WRONGFUL DEATH. SURVIVAL ACTION (DEMAND FOR TRIAL BY JURY) DEPUTY (UNLIMITED JURISDICTION EXCEEDS $,000) COMES NOW, Plaintiffs, ARSEN SHEKLIAN, an individual and successor-in-interest to decedent, GEORGE SHEKLIAN; ALEX SHEKLIAN, an individual and successor-in-interest to decedent, GEORGE SHEKLIAN; ELIZABETH WATKINS-SHEKLIAN, an individual and successorin-interest to decedent, GEORGE SHEKLIAN, MABEL SHEKLIAN, an individual and successorin-interest to decedent, GEORGE SHEKLIAN, for causes of action against Defendants and each of them, who complains and alleges as follows:.

2 0 0 THE PARTIES. At all relevant times mentioned herein, Plaintiff, MABEL SHEKLIAN ("Plaintiff") was, and is, a resident of the County of Fresno, State of California.. At all relevant times mentioned herein, Plaintiff, ARSEN SHEKLIAN ("Plaintiff") was, and is, a resident of the County of Fresno, State of California.. At all relevant times mentioned herein, Plaintiff, ELIZABETH WATKINS- SHEKLIAN ("Plaintiff") was, and is, a resident of the County of Fresno, State of California.. At all relevant times mentioned herein, Plaintiff, ALEX SHEKLIAN ("Plaintiff") was, and is, a resident of the County of Fresno, State of California.. Plaintiffs are the surviving heirs of, and successors-in-interest to, Decedent GEORGE SHEKLIAN ("Decedent"). Plaintiffs are entitled to bring the causes of action herein alleged as successors-in-interest to Decedent pursuant to California Code of Civil Procedure.0.. Plaintiffs are informed, believe and thereupon allege that Defendant, MARILYN PANEK (hereinafter "DEFENDANT" or "PANEK") is a resident of the County of Fresno, State of California. Defendant PANEK is responsible for the actions, omissions, policies, procedures, practices and customs of the premises where the incident, which is the subject of this Complaint, occurred.. Plaintiffs are further informed, believe and thereupon alleges that FRESNO FIREARMS, LTD. (hereinafter "FRESNO FIREARMS") is, and at all times mentioned herein was, a California corporation qualified to do business and conducting business in the State of California, County of Fresno, State of California.. The names and capacities, whether individual, corporate, associate or otherwise, of Defendants DOES through 0, inclusive, are currently unknown to Plaintiff, who therefore bring suit against these Defendants by their fictitious names and capacities. Plaintiffs are informed and believe and thereupon allege that each fictitiously named Defendant, whether acting for itself or as an agent, corporation, association, or otherwise, is. WRONGFUL DEATH -SURVIVOR ACTION

3 liable or responsible to Plaintiffs and proximately caused injuries and damages to Plaintiffs as alleged herein. While at this time Plaintiffs are unaware of the true names and capacities of the DOE Defendants, Plaintiffs will amend their Complaint to show the true names and 0 0 capacities of DOES through SO, inclusive, when those identities have been ascertained.. Plaintiffs are informed and believes and thereupon allege that at all times relevant hereto Defendants were the agents, employees, supervisors, servants and joint venturers of each of the remaining Defendants, and in doing the things hereafter alleged, were acting within the course, scope and authority of such agency, employment and joint venture and with the consent and permission of each of the other Defendants and DOES through SO, inclusive. All actions of each Defendant alleged herein were ratified and approved by the officers, managing agents, employees, and/or servants, master, or employers of every other Defendant and DOES through Plaintiffs are informed and believe, and thereupon alleges that Defendants MARILYN PANEK, FRESNO FIREARMS, LTD., and each of the DOE Defendants (collectively hereinafter known as "Defendants") are in some manner, responsible for the events and happenings herein set forth and proximately cause injury and damages to the Plaintiffs as herein alleged. JURISDICTION AND VENUE. This Court has jurisdiction over the entire action because this is a civil action where the matter in controversy, exclusive of interest and costs, exceeds the jurisdictional minimum of the Court. The acts and omissions complained of in this action took place, in whole or in part, in the State of California. The injuries sustained that led to Plaintiffs' injuries were suffered in California.. Venue is proper in Fresno County, because a substantial part of the events giving rise to Plaintiff's causes of action arose, and the injuries and fatalities sustained by Plaintiff, occurred within the judicial district..

4 0 0 GENERAL ALLEGATIONS. Decedent was born on September, in Buenos Aires, Argentina to Arsen and Maria Sheklian.. At all relevant times, Decedent was years of age.. Decedent was the father to Arsen Sheklian, Elizabeth Watkins-Sheklian and Alex Sheklian.. Decedent was the husband to Mabel Sheklian at the time of the incident, which is the subject of this complaint herein.. Decedent was the owner of Sierra Shoe Repair, also known as, Georgio & Sons in and was located at North Blackstone Avenue in Fresno, California at all relevant times.. Sierra Shoe Repair, also known as, Georgie & Sons, was located next door to Defendant, PANEK's firearm dealership, which she named FRESNO FIREARMS, LTD., also a defendant named herein.. On or about December, 0, Decedent walked next door to Defendants, PANEK and FRESNO FIREARMS, LTD., to greet defendant, PANEK whom he took coffee to every morning. 0. At the time Decedent attempted to greet Defendant, PANEK at Fresno Firearms, Ltd., her place of business, a robbery was in progress wherein unknown assailants were demanding guns from Fresno Firearms, Ltd., owner PANEK.. A similar robbery had occurred less than one week prior to December, 0 wherein robbers also demanded guns.. In the course of the robbery on December, 0, the perpetrators were attempting to flee and Decedent was knocked to the ground by one of the assailants and sustained severe head injuries after violently striking his head against hard cement flooring.. SHEKLIAN ET AL. V. PANEK, FRESNO FIREARMS, LTD. ET AL.

5 0 0. After he was shoved to the ground by the unknown assailants, who were attempting to flee the scene, Decedent's head began bleeding and ambulance were called to the scene.. Decedent remained on the ground bleeding as a result of the head injury for approximately 0 minutes before paramedics arrived and transported him to the trauma unit of a Fresno hospital.. Upon arrival to the hospital, Decedent was diagnosed with subdural hematoma and he was admitted to the intensive care unit, where he fought hard for the next five days before his unfortunate on December, 0.. Less than one week prior to the incident, Defendants' firearms dealership had been similarly robbed. However, Defendants' firearm dealership remained opened and failed to take any remedial precautions to assure safety to members of the public, Decedent, and members of surrounding businesses, one of which was Georgie & Sons, Sierra Shoe Repair, which was located next door to Defendants' firearms dealership.. Prior to December of 0, Defendants' firearms dealership was the target of other criminal acts, which should have caused Defendants, each of them, to heighten security, and/or take precautions and implement security measures so as to prevent and/or deter an occurrence like the one, which is the subject of this complaint.. Plaintiffs are informed, believe and thereon allege that Defendants, and each of them, had knowledge of prior crimes on their premises and knowledge that continuing to operate their business would ultimately lead to a tragic incident, such as the one, which is the subject of Plaintiffs' complaint.. At all times, Defendants and DOES through 0, each owed a duty to Decedent, yet failed to operate and provide services and security in compliance with accepted standards and principles that apply to firearms dealers selling guns for profit and to the general public.. WRONGFUL DEATH -SURVIVOR ACTION

6 0 0. At all times relevant to this action, Defendants, and DOES through 0, inclusive, and each of them, as the owners, operators, managers of Fresno Firearms, Ltd., at the time of the wrongful, reckless, callous and negligent acts of Defendants, each of them.. As a direct and proximate result of Defendants' acts and/or omissions, Decedent sustained a subdural hematoma and suffered related serious injuries. As a direct and proximate result of Defendants' acts and/or omissions, his health spiraled downward quickly until his untimely death on December, 0, with Plaintiffs by his bedside. FIRST CAUSE OF ACTION NEGLIGENCE (AGAINST ALL DEFENDANTS, AND DOES -0). Plaintiffs incorporate by reference all preceding paragraphs as though fully set forth herein.. On or about December, 0, Defendants, DOES through 0, and each of them, were the owners and operators of FRESNO FIREARMS, LTD. On this date, Defendants, DOES through 0, and each of them, were operating this gun dealership, located in Fresno, California.. At all times mentioned, Defendants, DOES through 0, and each of them, as 0 owners and operators of the aforementioned gun dealership, owed a duty to keep its premises safe and secure to those around it, including Decedent, who owned and operated Sierra Shoe Repair, Georgie & Sons, right next door to Fresno Firearms, Ltd. Such duty included, but not all limited to: the duty to operate and manage Fresno Firearms, Ltd., in such a careful manner as to protect the physical safety and well-being of the persons entrusted to their care by taking appropriate security measures, which did not encourage criminal activity, but discouraged such criminal activity; by exercising due care in hiring managers and employees, by properly training and supervising staff responsible for safety and security of patrons, members of the public, and nearby business owners such as decedent; and by taking whatever special actions and precautions were required to maintain a safe premises for. WRONGFUL DEATH- SURVIVOR ACTION

7 0 0 persons under their care, such as Decedent, who owned and operated his Sierra Shoe Repair, Georgio & Sons at next door to Fresno Firearms for several years.. Defendants, DOES through 0, and each of them, their employees, and/or agents, negligently failed to care and to provide safety and security for Decedent; causing him injury, harm and death. These actions, to include others, are negligent and fell below the duty of care owed by Defendants owed to Decedent.. Defendants, in breach of the duty described above, negligently and carelessly failed to provide adequate security measures that would discourage criminal activity, not encourage. To the contrary, Defendants ignored appropriate and adequate security measures, which fell fall below the standards for a similarly situated firearms dealership in Fresno, California and surrounding cities. The ongoing negligent, careless and reckless operation of Defendants' firearms dealership presented just a matter of time before someone was injured, and or killed as a result of the lackluster security measures, as decedent, was unfortunately the one to fall victim as indicated in the subject complaint herein.. Despite having knowledge of previous violent acts and criminal activity at Defendants' location, Defendants employed no security measures to discourage, deter or prevent ongoing or further criminal activity, including violent acts such as the robbery that occurred on December, 0 or a week earlier in November of 0.. As a direct and proximate result of Defendants' negligence and carelessness as set forth above, Decedent was knocked to the ground and caused to strike his head, causing him great bodily injury. The acts and omissions by Defendants, and each of them, harmed Plaintiffs' quality of life by causing Decedent to undergo surgery, incur other medical expenses, and to endure a steady decline in his strength and health, and ultimately die on December, 0.. In particular, Defendants consciously disregarded their duty to provide a safe environment that met the legal standards and failed to provide adequate security measures to. WRONGFUL DEATH -SURVIVOR ACTION

8 deter and/or prevent the very acts that were a substantial factor in causing the death of George Sheklian, now deceased. 0. As direct and proximate legal result of each Defendants' acts, omissions, or conduct, GEORGE SHEKLIAN losses, injuries and damages, including medical expenses in an amount to be proven at trial in excess of the minimum jurisdictional limits of this court. SECOND CAUSE OF ACTION WILLFUL MISCONDUCT (AGAINST ALL DEFENDANTS AND DOES -0) 0. Plaintiffs refer to and incorporate all previous paragraphs as though fully set forth herein against all Defendants.. At all times during the periods of their care and custody of Decedent, each of the Defendants knew or should have known that their failure to comply with the standards of care in owning and operating a firearms dealership would lead to the. At all times mentioned during the periods of their care and custody of the Decedent, each of the Defendants knew or should have known that the peril posed by their failure to comply with the heightened standard of care for owning and operating a firearms dealership but failing to employ standards for security that are aimed at deterring criminal activity. 0. Notwithstanding the aforesaid knowledge, Defendants, DOES through 0, and each of them, consciously disregarded the aforesaid perils and high probability of injury and death to Decedent, and in doing so failed to comply with their duties under the standards of care.. In committing the wrongful and abusive acts alleged above, Defendants and each of them, breached the foregoing duties to Decedent. These breaches were intentional and in reckless disregard of the probability that severe injury would result from this failure to carefully adhere to such duties. Defendants, and each of them, knew or should have known that there was a probability that injury would result from the failure to adhere to such duties.. WRONGFUL DEATH- SURVIVOR ACTION

9 0 0. At all relevant times, Defendants, and each of them, knew that Fresno Firearms, Ltd., was a known target for criminal activity in Fresno, California, including but not limited to violent robberies or robberies with use or threat of use of physical force. Yet, defendants failed to take any security measures when a similar robbery occurred at the gun shop just four days prior to the incident, which was a substantial factor in contributing to the death of Decedent, occurring on December, 0. Defendants knew that nearby persons and other shop owners such as decedent, George Sheklian were in their custody and care, knew that the lives and health of their nearby persons, members of the public in general, were at risk whenever they failed to meet such duties, and knew that the failure to comply with such duties would result in injuries to these very persons. In breaching these duties, Defendants, and each of them, acted intentionally in conscious failure to avoid the perils to Decedent.. By virtue of the foregoing, Defendants and each of them have acted in conscious disregard of the probability of injury to Decedent.. By virtue of the foregoing, Defendants and each of them have acted despicably, and have subjected Decedent to cruel and unjust hardship in conscious disregard of his rights and safety. Accordingly, Defendants have each acted with oppression.. By virtue of the foregoing, punitive damages should be assessed against Defendants and each of them, in a sum according to proof at trial. THIRD CAUSE OF ACTION WRONGFUL DEATH [C.C. P..0] (AGAINST ALL DEFENDANTS, AND DOES -0) 0. Plaintiffs refer to and incorporate all previous paragraphs as though fully set forth herein.. Decedent was the father of Plaintiffs, Arsen Sheklian, Alex Sheklian & Elizabeth Watkins-Sheklian. Decedent was the husband to Mabel Sheklian., and was married to her for more than 0 years at the time of his death. Prior to Decedent's death, Plaintiffs were. SHEKLIAN ET Al. V. PANEK, FRESNO FIREARMS, LTD. ET AL.

10 dependent upon his for love, care, comfort, emotional support and guidance. Decedent was a loving and dutiful father to Arsen, Alex and Elizabeth. He was a loving and dutiful husband to Mabel.. As a direct and proximate result of the foregoing, Decedent died on December, 0 and his heirs (represented by Plaintiffs under California Code of Civil Procedure.0, as alleged above), have been deprived of his love, care, comfort and society, in sum according to proof at trial. FOURTH CAUSE OF ACTION SURVIVAL ACTION 0 (BY AGAINST ALL DEFENDANTS, AND DOES -0). Plaintiffs refer to and incorporate all previous paragraphs as though fully set 0 forth herein.. Defendants engaged in wrongful acts, as alleged herein. These wrongful acts proximately cause Decedent to suffer economic damages as a result thereof, as alleged herein. Pursuant to Code of Civil Procedure.0, Plaintiffs bring this action on behalf of Decedent. SS. As a direct and proximate result of the foregoing, Defendants engaged in wrongful acts, as alleged herein. These wrongful acts proximately cause Decedent to suffer economic damages as a result thereof, as alleged herein, in sum according to proof at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for the following against Defendants, and each of them: FIRST CAUSE OF ACTION (Negligence):. For general damages according to proof;. For special damages according to proof. SECOND CAUSE OF ACTION (Willful Misconduct):. For general damages according to proof;. For special damages according to proof; 0.

11 -- 0 THIRD CAUSE OF ACTION (Wrongful Death):. For general damages according to proof;. For special damages according to proof. FOURTH CAUSE OF ACTION (Survival Action): I. For special damages according to proof;. For consequential damages according to proof;. For legal interest on judgment from the filing of this Complaint to the date of judgment;. For post-judgment interest at the legal rate. ON ALL CAUSES OF ACTION:. For costs and interest in an amount to be proven at trial; and. For such other and further relief as the court may deem just and proper; Dated: 0 TRYK LAW, P.C. By:._LS ':i_'='+-'-' ----,... Benjamf P. Tryk, John R. Waterman, Esq. Attorneys for Plaintiffs,.{ ""'=--- """ MABEL SHEKLIAN, ARSEN SHEKLIAN, ELIZABETH WATKINS-SHEKLIAN, ALEX SHEKLIAN. SHEKLIAN ET AL. V. PANEK, FRESNO FIREARMS, LTD. ET AL