SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION

Transcription

1 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- FILro CIVIL SUSINESS OFFICE ; 1- RAL DIVISION P. CHRISTOPHER ARDALAN, SB# ARDALAN & ASSOCIATES, PLC 0 Canoga Ave., Suite Woodland Hills, CA 1 Telephone: (1) 0-0 Facsimile; (1) 0-1 G. MARK TARPIN, SW/ LAW OFFICES OF G. MARK TARNN Prospect St., Suite 0 La Jolla, CA 0 Telephone: () -0 Facsimile; () - Attorneys for Plaintiff, Jennifer Lynn Orey JENNIFER LYNN OREY, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH Plaintiff, vs. ) ) COUNTY OF SAN DIEGO, a government ) entity; SAN DIEGO COUNTY SHERIFF'S) DEPARTMENT, a government entity; ) SHERIFF WILLIAM D. GORE, individually and in his official capacity as the sheriff of the SAN DIEGO COUNTY SHERIFFS DEPARTMENT; DEPUTY LUKE BERHALTER, individually and in his official capacity as a deputy sheriff for the SAN DIEGO COUNTY SHERIFF'S DEPARTMENT; and DOES 1 to 0, Inclusive. Defendants. -- UNLIMITED JURISDICTION ) CASE NUMBER: CU-P0-CTL ) ) 'COMPLAINF -FORDAMAGES: 1. NEGLIGENCE,. BATTERY,. NEGLIGENT HIRING, SUPERVISION & RETENTION,. VIOLATION OF CIVIL RIGHTS (CA CIVIL CODE.1: "The Bane Act") FILE BY FAX DEMAND FOR JURY TRIAL ni HAY -I P : C,EEK-SUPERIOR COURT SAN DIEGO COUNTY, CA By: Ft L ED Clerk of the Superior Court MAY Plaintiff, JENNIFER LYNN ORE'?, an individual, comes now and complains against COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT Deputy

2 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- /1 1 Defendants COUNTY OF SAN DIEGO, a government entity; SAN DIEGO COUNTY SHERIFF'S DEPARTMENT, a government entity; SHERIFF WILLIAM D. GORE, individually and in his official capacity as the sheriff of the SAN DIEGO COUNTY SHERIFFS DEPARTMENT; DEPUTY LUKE BERHALTER, individually and in his official capacity as a deputy sheriff for the SAN DIEGO COUNTY SHERIFFS DEPARTMENT; and DOES 1 through 0, inclusive, as follows: THE PARTIES 1. Plaintiff, JENNIFER LYNN OREY (hereinafter "Ms. OREY"), is an individual and is 1 California. now, and at all times mentioned in this complaint was, a resident of San Diego County, 1. Plaintiff is informed and believes and thereon alleges that Defendant, COUNTY OF SAN 1 DIEGO (hereinafter "COUNTY OF SAN DIEGO"), and DOES 1 to inclusive, and each of them, is and at all times herein mentioned, a government entity duly organized and existing under the laws of the State of California. 1.Plaintiff is informed and believes and thereon alleges that Defendant, SAN DIEGO 1 COUNTY SHERIFF'S DEPARTMENT (hereinafter "SHERIFF'S DEPARTMENT"), 0 and DOES to 0 inclusive, and each of them, is and at all times herein mentioned, a government entity duly organized and existing under the laws of the State of California.. At all times mentioned herein, SHERIFF WILLIAM D. GORE, Sheriff of the COUNTY OF SAN DIEGO ("hereinafter SHERIFF GORE"), and DOES 1 to inclusive, and each of them, is sued in his individual and official capacity.. At all times mentioned herein, DEPUTY LUKE BERHALTER, a deputy of the SAN COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

3 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / DIEGO COUNTY SHERIFF'S DEPARTMENT ("hereinafter DEPUTY BERHALTER"), and DOES to 0 inclusive, and each of them, is sued in his individual and official capacity. Plaintiff is unaware of the names and capacities of Defendants Does 1 through 0 inclusive, and therefore sues them by fictitious names. Plaintiff will amend this Complaint to show the true names and capacities of these Defendants once they are ascertained. Plaintiff is informed, believes and thereon alleges that each of these Defendants are responsible in some manner for the wrongful acts alleged in this Complaint and proximately caused Plaintiff's damages because of their negligence, breach of duty, negligent supervision, management or control, and violation of public policy. VENUE The conduct giving rise to this action occurred in the vicinity of the 00 block of Via Tapia in the City of Spring Valley, County of San Diego, State of California. GENERAL ALLEGATIONS Plaintiff incorporates by reference the paragraphs above, as though fully set forth herein. At all times herein mentioned, Defendant SHERIFF GORE, and DOES 1 to inclusive, and each of them, was an agent for, and in the course and scope of his employment with Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT, and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them. At all times herein mentioned, Defendants DEPUTY BERHALTER, and DOES to COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

4 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / , inclusive, and each of them was an agent for, and in the course and scope of his employment with Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them.. In doing the acts alleged herein, Defendants SHERIFF GORE and DEPUTY BERHALTER, and DOES 1 though 0 inclusive, and each of them, acted within the course and scope of their employment. 1. In doing the acts alleged herein, Defendants SHERIFF GORE and DEPUTY BERHALTER, and DOES 1 though 0 inclusive, and each of them, acted under the color of authority and/or under the color of law. 1. Due to the acts and/or omissions alleged herein, Defendants COUNTY OF SAN DIEGO, SHERIFF'S DEPARTMENT, SHERIFF GORE and DEPUTY BERHALTER, and DOES 1 though 0, and each of them, acted as the agent, servant, and employee and/or in concert with each of said other Defendants herein. FACTUAL ALLEGATIONS 1. Plaintiff incorporates by reference the paragraphs above, as though fully set forth herein.. On or about August 1, 01 at approximately :0 p.m., Ms. OREY was inside her home when she heard a noise coming from outside.. As Ms. OREY stepped outside to investigate the source of the noise and approached the area from where the sounds emanated, she announced herself as the homeowner.. Defendant DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, emerged from Ms. OREY's back yard, as an uninvited and unannounced COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

5 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- trespasser/interloper from behind an open gate separating Ms. OREY's front yard and back yard. DEPUTY BERHALTER's gun was drawn and pointed at Ms. OREY. 1. Before ascertaining Ms. OREY's identity or whether Ms. OREY posed a threat to anyone, DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, fired his gun at Ms. OREY, striking her in the chest, arm and hand, resulting in serious injuries 1 to Ms. OREY. 1. On or about September 1, 01, Ms. OREY timely filed her California Government Tort Claim with the COUNTY OF SAN DIEGO which was rejected on or about November, 01.. The present action is brought pursuant to section 0 and. of the Government Code. Pursuant to section 0 of the California Government Code, as a public employee, Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of 1 them, is liable for injuries caused by his acts or omissions to the same extent as a private 0 person. At all times mentioned herein, said Defendant was acting within the course and scope of his employment and/or agency with Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them.. As such Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 FIRST CAUSE OF ACTION 1 (NEGLIGENCE as to all Defendants) 1 0. Plaintiff incorporates by reference the paragraphs above, as though fully set forth herein. COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

6 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- /1 1 to inclusive, and each of them, are liable in respondeat superior for the injuries caused by the acts and omissions of Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of them, pursuant to section. of the California Government Code.. At all times herein mentioned, Defendants DEPUTY BERHALTER, SHERIFF GORE, COUNTY OF SAN DIEGO, SHERIFF'S DEPARTMENT, and DOES 1 though 0, and 1 each of them, owed Ms. OREY a duty to use reasonable care in deciding to use and in fact using deadly force, and to refrain from unreasonable use of deadly force., Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of them, were negligent in that the use of deadly force was both excessive and unreasonable 1 under the circumstances. 1. On or about August 1, 01, Defendants DEPUTY BERHALTER, and DOES 1 though 0 inclusive, and each of them, shot Ms. OREY despite the absence of a threat by Ms. OREY to anyone. At the time, Ms. OREY measured five feet four inches and weighed approximately pounds; Ms. OREY was in her own yard, unarmed, holding 1 nothing in her hands, and posed no threat whatsoever to said Defendants or to anyone 0 else.. As a proximate result of Defendants, and each of their conduct, Ms. OREY has suffered extensive damage to her body and mind. Ms. OREY also has incurred and will continue to incur medical and related expenses. The full amount of these expenses is not known to Ms. OREY at this time; and she will move to amend this Complaint to state the amount when it becomes known to her, or on proof thereof. COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

7 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / As a further direct and proximate cause of the acts and conduct of Defendants, and each of them, Ms. cam( has incurred, and will continue to incur, loss of earnings and future earnings capacity.. As a further proximate result of Defendants, and each of their conduct, Ms. OREY has sustained injuries to her health, strength and activity, as well as to her person, all of which injuries have caused, and will continue to cause Ms. OBEY great physical and mental pain and suffering, including but not limited to humiliation, fear, pain, discomfort, anxiety, loss of enjoyment of life, inconvenience, mental anguish, and emotional and physical distress. As a result of such injuries, Ms. OBEY has suffered general damages in excess of the minimum jurisdiction amount of this Court. The exact amount of these expenses is not known to the Plaintiff at this time, and Plaintiff will move to amend this complaint to state said amount of when it becomes known to them, or on proof thereof. SECOND CAUSE OF ACTION (BATTERY as to all Defendants). Plaintiff incorporates by reference the paragraphs above, as though fully set forth herein.. On or about August 1, 01, Defendant DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, without just and legal cause, drew his service firearm and pointed it at Ms. OBEY, causing her great fear, apprehension and emotional distress and placed her in immediate fear for her life; and said defendant did in fact then discharge his firearm at Ms. OBEY, striking Ms. OBEY and causing severe and permanent physical and psychological injuries. 0. Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

8 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- /1 them, intentionally performed the act of shooting Ms. OBEY which resulted in harmful contact causing serious injuries, harm, damage and loss to Ms. OREY. 1. At no time mentioned herein did Ms. OBEY consent to the above-described harmful contact.. At all times herein mentioned, Defendant DEPUTY BERHALTER's and DOES though 0 inclusive, and each of their use of force against Ms. OBEY was objectively 1 anyone. unreasonable in light of the facts and circumstances confronting said Defendants at the time of the shooting because said Defendants did not have probable cause to believe that Ms. OREY posed an immediate significant threat of death or serious physical injury to 1. As a proximate result of Defendants, and each of their conduct, Ms. OREY has suffered 1 extensive damage to her body and mind. Ms. OBEY also has incurred and will continue 1 to incur medical and related expenses. The full amount of these expenses is not known to Ms. OBEY at this time; and she will move to amend this Complaint to state the amount when it becomes known to her, or on proof thereof. 1. As a further direct and proximate cause of the acts and conduct of Defendants, and each 0 of them, Ms. OREY has incurred, and will continue to incur, loss of earnings and future earnings capacity.. As a further proximate result of Defendants, and each of their conduct Ms. OREY has sustained injuries to her health, strength and activity, as well as to her person, all of which injuries have caused, and will continue to cause Ms. OREY great physical and mental pain and suffering, including but not limited to humiliation, fear, pain, discomfort, COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

9 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / anxiety, loss of enjoyment of life, inconvenience, mental anguish, and emotional and physical distress. As a result of such injuries, Ms. OREY has suffered general damages in excess of the minimum jurisdiction amount of this Court. The exact amount of these expenses is not known to the Plaintiff at this time, and Plaintiff will move to amend this complaint to state said amount of when it becomes known to them, or on proof thereof.. The present action is brought pursuant to section 0 and. of the Government Code. Pursuant to section 0 of the California Government Code, as a public employee, Defendants DEPUTY BERHALT'ER, and DOES though 0 inclusive, and each of them, is liable for injuries caused by his acts or omissions to the same extent as a private person. At all times mentioned herein, said Defendant was acting within the course and scope of his employment and/or agency with Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them.. As such Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them, are liable in respondeat superior for the injuries caused by the acts and omissions of Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of them, pursuant to section. of the California Government Code. THIRD CAUSE OF ACTION (NEGLIGENT HIRING, SUPERVISION & RETENTION as to Defendants COUNTY OF SAN DIEGO, SHERIFF'S DEPARTMENT, SHERIFF GORE, and DOES 1-) COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

10 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / Plaintiff incorporates by reference the paragraphs above, as though fully set forth herein.. The present action is brought pursuant to section 0 and. of the Government Code. Pursuant to section 0 of the California Govenunent Code, as a public employee, Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of them, is liable for injuries caused by his acts or omissions to the same extent as a private person. At all times mentioned herein, said Defendant was acting within the course and scope of his employment and/or agency with Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them.. As such Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them, are liable in respondeat superior for the injuries caused by the acts and omissions of Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of them, pursuant to section. of the California Government Code.. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendants DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, was unfit and/or incompetent to perform the work for which he was hired. 0. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendants COUNTY OF SAN DIEGO, SHERIFF'S DEPARTMENT, SHERIFF GORE, and DOES 1 through inclusive, and each of them, knew or should have known that DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

11 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / was unfit and/or incompetent and that this unfitness and/or incompetence created a particular risk to others. 1. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendants DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, that their unfitness and/or incompetence was a substantial factor in bringing about harm to Ms. OREY.. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendants COUNTY OF SAN DIEGO, SHERIFF'S DEPARTMENT, SHERIFF GORE, and DOES 1 through inclusive, and each of them, that their negligence in hiring, supervising, and/or retaining DEPUTY BERHALTER, and DOES through 0 inclusive, and each of them, was a substantial factor in causing harm to Ms. OREY.. As a proximate result of Defendants, and each of their conduct, Ms. OREY has suffered extensive damage to her body and mind. Ms. OREY also has incurred and will continue to incur medical and related expenses. The full amount of these expenses is not known to Ms. OREY at this time; and she will move to amend this Complaint to state the amount 1 when it becomes known to her, or on proof thereof. 0. As a further direct and proximate cause of the acts and conduct of Defendants, and each of them, Ms. OREY has incurred, and will continue to incur, loss of earnings and future earnings capacity.. As a further proximate result of Defendants, and each of their conduct, Ms. OREY has sustained injuries to her health, strength and activity, as well as to her person, all of which injuries have caused, and will continue to cause Ms. OREY great physical and mental COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

12 DLS/D ERFSIFIED LEGAL SERVICES, INC pain and suffering, including but not limited to humiliation, fear, pain, discomfort, anxiety, loss of enjoyment of life, inconvenience, mental anguish, and emotional and physical distress. As a result of such injuries, Ms. OREY has suffered general damages in excess of the minimum jurisdiction amount of this Court. The exact amount of these expenses is not known to the Plaintiff at this time, and Plaintiff will move to amend this complaint to state said amount of when it becomes known to them, or on proof thereof. FOURTH CAUSE OF ACTION (VIOLATION OF THE SECTION.1 OF THE CALIFORNIA CIVIL CODE as to all Defendants). Plaintiff incorporates by reference the paragraphs above, as though fully set forth herein.. The present action is brought pursuant to section 0 and. of the Government Code. Pursuant to section 0 of the California Government Code, as a public employee, Defendants DEPUTY BERHALTER, and DOES though 0 inclusive, and each of them, is liable for injuries caused by his acts or omissions to the same extent as a private person. At all times mentioned herein, said Defendant was acting within the course and scope of his employment and/or agency with Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them.. As such Defendant SAN DIEGO COUNTY SHERIFF'S DEPARTMENT and DOES to 0 inclusive, and each of them, and Defendant COUNTY OF SAN DIEGO, and DOES 1 to inclusive, and each of them, are liable in respondeat superior for the injuries caused by the acts and omissions of Defendants DEPUTY BERHALTER, and DOES COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT 1

13 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- /1 though 0 inclusive, and each of them, pursuant to section. of the California Government Code. 0 inclusive, and each of them, without just and legal cause, drew his service firearm and pointed it at Ms. OREY, causing her great fear, apprehension and emotional distress and placed her in immediate fear for her life; and said defendant did in fact then discharge his firearm at Ms. OREY, striking Ms. OREY and causing severe and permanent physical. As a direct and proximate result of the above-described wrongful conduct of Defendants, 1 Ms. OREY was subjected to excessive force by Defendant DEPUTY BERHALTER, and 1 DOES through 0 inclusive, and each of them, in the form of gunshots fired by said 1 Defendant which struck Ms. OREY, causing her serious and permanent physical and 1 psychological injuries. The shooting was unreasonable and unwarranted as the whatsoever. As an unreasonable use of force, the shooting constituted a violation of Ms. 1 ORE? s constitutional rights against unreasonable searches and seizures protected by the 0 Constitution of the State of California. defendant. All of the above acts and omissions of Defendant DEPUTY BERHALTER, and DOES oppressive thereby justifying the awarding of exemplary and punitive damages as to said 1. As a proximate result of Defendants, and each of their conduct, Ms. OREY has suffered. On or about August 1, 01, Defendant DEPUTY BERHALTER, and DOES through and psychological injuries. circumstances under which the shooting occurred did not require the use of any force through 0 inclusive, and each of them, were willful, wanton, malicious and COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT 1

14 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- / extensive damage to her body and mind. Ms. OREY also has incurred and will continue to incur medical and related expenses. The full amount of these expenses is not known to Ms. OREY at this time; and she will move to amend this Complaint to state the amount when it becomes known to her, or on proof thereof.. As a further direct and proximate cause of the acts and conduct of Defendants, and each of them, Ms. OREY has incurred, and will continue to incur, loss of earnings and future earnings capacity.. As a further proximate result of Defendants, and each of their conduct, Ms. OREY has sustained injuries to her health, strength and activity, as well as to her person, all of which injuries have caused, and will continue to cause Ms. OREY great physical and mental pain and suffering, including but not limited to humiliation, fear, pain, discomfort, anxiety, loss of enjoyment of life, inconvenience, mental anguish, and emotional and physical distress. As a result of such injuries, Ms. OREY has suffered general damages in excess of the minimum jurisdiction amount of this Court. The exact amount of these expenses is not known to the Plaintiff at this time, and Plaintiff will move to amend this complaint to state said amount of when it becomes known to them, or on proof thereof.. The above acts of defendants violated the Civil Code section.1 of the Civil Code by reasons of these facts and violations, PLAINTIFF is entitled to compensatory damages according to proof, punitive and exemplary damages, the costs of suit incurred in this action, reasonable attorney's fees, and any other additional relief that the Court deems proper. COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT 1

15 DLS ERFSIFIED LEGAL SERVICES, INC 1-0- /1 1 PRAYER FOR RELIEF: FOR ALL CAUSES OF ACTION HEREIN: For general damages, according to proof, but in a sum in excess of the minimum jurisdictional limits of this court; For special damages for past and future medical and incidental expenses in a sum according to proof;. For all other special damages, in a sum according to proof;. For pre-judgment interest as allowed by law; For costs of suit herein incurred; and. For such other and further relief as the Court may deem proper. FOR THE FOURTH CAUSE OF ACTION: 1 For general damages, according to proof, but in a sum in excess of the minimum jurisdictional limits of this court;. For special damages for past and future medical and incidental expenses in a sum according to proof; For all other special damages, in a sum according to proof;. For pre-judgment interest as allowed by law; For costs of suit herein incurred;. For damages, attorneys fees and costs as permitted by the Civil Code, 1., and.1; COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT

16 DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- /1 For exemplary damages against defendant LUKE BERHAL'TER and DOES though 0 inclusive, and each of them, in an amount sufficient to deter and to make an example of this defendant; For such other and further relief as the Court may deem proper DATED: May I 01 ARDALAN ; ASSOCIATES, PLC By P. CHRISTOPHER ARDALAN, sq. Attorneys for Plaintiff, JENNIFER LYNN OREY DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all issues so triable. DATED: May f, 01 ARDALAN & ASSOCIATES, PLC P. C ARDALAN, Esq. Attorneys for Plaintiff, JENNIFER LYNN OREY COMPLAINT FOR DAMAGES FOR NEGLIGENCE, BATTERY, NEGLIGENT