GIRARDI iKEESE 1 THOMAS V. GIRARDI, SBN 36603 city -- complaint.pdf · 7 individual; CECILIA ALOF...
Transcript of GIRARDI iKEESE 1 THOMAS V. GIRARDI, SBN 36603 city -- complaint.pdf · 7 individual; CECILIA ALOF...
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GIRARDI iKEESE 1 THOMAS V. GIRARDI, SBN 36603 2 tgirardi@$irardikeese.com
ROBER W. FINNERTY, SBN 119775 3 [email protected]
CHRIST PHER T. AUMAIS, SBN 249901 4 caumaisialgirardikeese.com
1126 Wilshire Boulevard 5 • Telephone: (213) 977-0211 • Facsimile: (213) 481-1554
6 Attorneys for PLAINTIFFS
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF LOS ANGELES - CENTRAL CIVIL WEST
9 I ST UNITED METHODIST CHURCH OF )
10 WILMINGTON, an individual; GILBERT ) 11 ACEBEDO, an individual; RYDER )
ACEVES, a minor by and through his ) 12 Guardian Ad Litem CYNTHIA ACEVES; ) 13 ADELINO ACOSTA, an individual; )
ANTHONY ACOSTA, an individual; ) 14 ESTRELITA ACOSTA, an individual; ) 15 ANGEL ACOSTA JR., an individual; )
CASE NO. NC053643 [Related to Case Nos. NC053684. NC053766,BC433657, BC433656, BC433429, and BC433430]
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
Assigned to the Honorable William F. Highberger, Dept. 307
MANUEL ACOSTA, an individual; ) 16 WILHELMINA ACOSTA, an individual; ) 1. 17 WILHELMINA ACOSTA, as survivor of ) 2.
Negligence Negligence Per Se
FELICITAS ACOSTA; WILHELMINA ) 18 ACOSTA, as survivor of OLIVER ACOSTA; ) 19 KIRON ADAMS, a minor by and through his)
Guardian Ad Litem TONY A V RANDLE; ) 3.
(Cal. Health & Safety Code § 5411; Former Water Code §§ 13000-64 et seq.; Cal. Water Code § 13000 et seq.) Intentional Infliction of Emotional Distress
20 NHUTDUNG HA ADOLFO, an individual; ) CARLOS AGUERO, an individual; )
21 PATRICIA AGUERO, an individual; ) 22 ANTHONY AGUILAR, an individual; )
JAVIER AGUILAR, an individual; JESSE ) 23 AGUILAR, an individual; MARTHA ) 24 AGUILAR, a minor by and through her )
Guardian Ad Litem ESTHER RENDON- ) 25 AGUILAR; DAVITA AKINO, an individual; ) 26 JACKIE ALARCON, an individual; )
RICHARD ALARCON, an individual; ) 27 SHELBY ALARCON, a minor by and ) 28 through her Guardian Ad Litem RICHARD )
ALARCON; ALEJANDRA ALCARAZ- SR.,) an individual; GARY ALEXANDER, an )
4. Negligent Infliction of Emotional Distress 5.· Strict Liability for Ultra~Hazardous
Activity 6. Permanent Trespass 7. Continuing Trespass 8. Public Nuisance 9. Private Nuisance 10. Strict Liability for Failure to Warn 11. Fraudulent Concealment 12. Negligent Misrepresentation 13. Public Continuing Nuisance Causing
Special Injury 14. Public Permanent Nuisance Causing
Special Injury
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 individual; ROBERT ALLEN II, an individual; ROBERT ALLEN, an individual;
2 ROBERT ALLEN, as survivor of WANDA 3 ALLEN; ROXANN ALLEN, an individual;
BRUCE ALLSW ANG, an individual; 4 CALEB ALLSWANG, a minor by and
through his Guardian Ad Litem JOSHUA 5 ALLSWANG; ERICA ALLSWANG, an 6 individual; JOSHUA ALLSWANG, an
individual; PAMELA ALLSWANG, an 7 individual; CECILIA ALOF AITULI, an 8 individual; ARMANDO ALVARADO, an
individual; ASIA ALVARADO, a minor by 9 and through her Guardian Ad Litem
10 SAMUEL R. ALVARADO; AURORA ALVARADO, an individual; BENNY
11 ALVARADO, an individual; CARMEN 12 ALVARADO, an individual; CHLOE
SYMONE ALVARADO, a minor by and 13 through her Guardian Ad Litem MICHELLE
ALVARADO; CHRISTOPHER 14 ALVARADO, an individual; CRYSTAL 15 ALVARADO, an individual; DIEGO
ALVARADO, a minor by and through his 16 Guardian Ad Litem EMIL Y ALVARADO; 17 EMILY ALVARADO, an individual;
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
FREDERICO ALVARADO, a minor by and ) 18 through his Guardian Ad Litem FREDERICO) 19 ALVARADO JR.; BENNY ALVARADO III, )
an individual; BENNY ALVARADO IV, a ) 20 minor by and through his Guardian Ad Litem ) 21 SABRINA L. ALVARADO; JESSICA )
ALVARADO, an individual; FREDERICO ) 22 ALVARADO JR., an individual; ) 23 RIGOBERTOALVARADO JR., an )
individual; KADEN ALVARADO, a minor ) 24 by and through his Guardian Ad Litem )
GINGER ALVARADO; KA YLiN ) 25 ALVARADO, a minor by and through her ) 26 Guardian Ad Litem GINGER ALVARADO; )
KRYSTAL ALVARADO, an individual; ) 27 LILLIAN ALVARADO, a minor by and ) 28 through her Guardian Ad Litem SABRINA L. )
ALVARADO; LORI ALVARADO, an )
15. Unfair Business Practices 16. Wrongful Death 17. Loss of Consortium 18. Inverse Condemnation 19. Unjust Enrichment 20. Fraudulent and Intentional Deceit
DEMAND FOR JURY TRIAL
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 individual; MICHAEL ALVARADO, a minor) by and through his Guardian Ad Litem )
2 FREDERICO ALVARADO JR.; MICHELLE) 3 ALVARADO, an individual; RIGOBERTO )
ALVARADO, an individual; ROBERT ) 4 ALVARADO, a minor by and through his )
Guardian Ad Litem SABRINA L. ) 5 ALVARADO; ROSALINDA AL V ARADO, ) 6 an individual; SABRINA ALVARADO, an )
individual; SAMUEL ALVARADO, a minor ) 7 by and through his Guardian Ad Litem ) 8 SAMUEL R. ALVARADO; SAMUEL )
ALVARADO, an individual; SOFIA ) 9 ALVARADO, a minor by and through her )
10 Guardian Ad Litem EMIL Y ALVARADO; ) FREDERICO ALVARADO SR., an )
11 individual; ALLEN ALVAREZ, a minor by 12 and through his Guardian Ad Litem
FRANCISCO JAVIER ALVAREZ III;
) ) )
13 ANDREA ALVAREZ, a minor by and ) 14 through her Guardian Ad Litem FRANCISCO)
JAVIER ALVAREZ III; ANDREW ) 15 ALVAREZ, an individual; FRANCISCO )
ALVAREZ III, an individual; FRANCISCO ) 16 ALVAREZ- JR., an individual; KATHERINE) 17 ALVAREZ, an individual; MARTIN )
ALVAREZ, an individual; ROSA ) 18 ALVAREZ, an individual; TERESA ) 19 ALVAREZ, an individual; THEODORE )
ALVAREZ, an individual; ESPERANZA ) 20 AMAYA, an individual; RICHARD ) 21 AMES QUA, an individual; ANDRES )
AMEZCUA, a minor by and through his ) 22 Guardian Ad Litem MELCHOR AMEZCUA; ) 23 LORENA AMEZCUA, an individual; )
MARCOS AMEZCUA, an individual; ) 24 MARIA AMEZCUA, an individual; ) 25 MELCHOR AMEZCUA, an individual; )
T ANY A AMEZCUA, an individual; ) 26 TERESA ANCHETA, an individual; )
PEARLIE ANDERSON, an individual; ) 27 ETHAN ANDRADE, a minor by and through) 28 his Guardian Ad Litem MARIA ANDRADE; )
KEITH ANDRADE, an individual; MARIA )
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 ANDRADE, an individual; MARIA ) ANDRADE, as survivor of LOUIS )
2 ANDRADE; MICHAEL ANDRADE, an )
3 individual; SANDRA ANGHILERI, an ) individual; SANDRA ANGHILERI, as )
4 survivor of INOCENCIO ANGHILERI; )
5 ROSANNA ANGHILERI-GOMEZ, an ) individual; CHATELAINE ANSALDI, a )
6 minor by and through her Guardian Ad Litem )
7 CRYSTAL VALDES; GEORGETTE ) ANTOL, an individual; JOVITA AQUINO, )
8 an individual; KATHLEEN AQUINO, an )
9 individual; KRISTINE AQUINO, a minor by ) and through her Guardian Ad Litem JOVITA)
10 AQUINO; MICHELLE ARAIZA, an ) individual; ELIZABETH ARIAS, an )
11 individual; ARTHUR ARIZPE, an individual; )
12 BLANCA ARIZPE, an individual; ALFRED ) ARNADO, an individual; ANGELINA )
13 ARNADO, an individual; DANILO )
14 ARNADO, an individual; DAVID ARNADO, ) an individual; EDMUND ARNADO, an )
15 individual; EDWARD ARNADO, an )
16 individual; MICHAEL ARNADO, an ) individual; ANNA ARQUETTE, an )
17 individual; BRIANNA ARQUETTE, a minor )
18 by and through her Guardian Ad Litem ) DEBBIE ARQUETTE; DEBBIE )
19 ARQUETTE, an individual; FRANK ) ARQUETTE, an individual; ADRIAN )
20 ARREDONDO, a minor by and through his )
21 Guardian Ad Litem SERGIO ARREDONDO; ) ALEJANDRA ARREDONDO, an individual; )
22 SERGIO ARREDONDO, an individual; )
23 VINCENT ARREDONDO, a minor by and ) through his Guardian Ad Litem SERGIO )
24 ARREDONDO; RUBY ARRIZON, an )
25 individual; JOSEPHINE ARVIZU, a minor by) and through her Guardian Ad Litem ROSIE )
26 MARY ARVIZU; LARRY ARVIZU, an )
27 individual; MANUEL ARVIZU, an ) individual; MARY ANN ARVIZU, an )
28 individual; ROSIE ARVIZU, an individual; BRENDA ASHKAR, an individual; SALIM )
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PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
I ASHKAR, an individual; STEVEN ) ASHKAR, an individual; SUSAN ASHKAR, )
2 an individual; MALETA ATUATASI, an )
3 individual; MALETA ATUATASI, as ) survivor of SALINE LILIO; MARISA )
4 AUGER, an individual; NELIA A VILA, an )
5 individual; REMATO A VILA, an individual; ) BERT AYERS III, an individual; BERT )
6 AYERS JR., an individual; LINDA AYERS, ) an individual; STEPHEN AYERS, an )
7 individual; VICKI AYERS, an individual; )
8 LILIBETH BACON, an individual; HANS ) BAEMA YR, an individual; LETICIA )
9 BAEMA YR, an individual; JESSICA )
10 BALDERAS, an individual; WAN ) BALDERAS, an individual; MARTI-IA )
11 BALDERAS, an individual; CATHY )
12 BALLARDO - TURNER, an individual; ) ALBERT BALLARDO, an individual; )
13 ALBERT BALLARDO, an individual; )
14 CHRISTOPHER BALLARDO, an individual;) JOHN BALLARDO, an individual; )
15 RICHARD BALLARDO, an individual; )
16 SYLVIA BALLARDO, an individual; ) BEATRIZ BALMASEDA, an individual; )
17 CLARISSA BALMASEDA, an individual; ) ERIC BALMASEDA, an individual; IKE )
18 BALMASEDA, an individual; ISABELO )
19 BALMASEDA, an individual; LINDA ) BANDA, an individual; DANIELLE )
20 BANUELOS, an individual; MARK )
21 BANUELOS, an individual; MARY ) BANUELOS, as survivor of NICOLAS A )
22 CONTRERAS; MARY BANUELOS, as )
23 survivor ofLASARO CONTRERAS; MARY) ANN BANUELOS, an individual; RICHARD )
24 BANUELOS, an individual; ELIAS )
25 BARBOZA, an individual; JEAN BARNETT,) an individual; ANA BARTOLOME, an )
26 individual; RODIL YN BASCO- )
27 WOOLDRIDGE, an individual; BRITNY ) BASON, an individual; ROBERT BASON )
28 JR., an individual; TONY BASON, an ) individual; BIANCA BAUTISTA, a minor by)
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 and through her Guardian Ad Litem ) SANDRA MARTINEZ; CHRISTOPHER )
2 BAUTISTA, an individual; DAVID ) 3 BAUTISTA, an individual; JAIME )
BAUTISTA, an individual; MARILYN) 4 BAUTISTA, a minor by and through her )
Guardian Ad Litem SANDRA MARTINEZ; ) 5 VICTOR BAUTISTA, an individual; ) 6 BRIANA BEDOLLA, an individual; )
GLORIA BEDOLLA, an individual; ) 7 ALEJANDRO BEJARANO, an individual; ) 8 CRISTINA BEJARANO, an individual; )
LAlLA BELLE, a minor by and through her ) 9 Guardian Ad Litem ERICA ALLSWANG; )
10 VIRGINIA BENKHALED, an individual; ) DAVID BERG, an individual; JANELL )
11 BERG, an individual; GINGER ) 12 BERTULANO ALVARADO, an individual; )
FRED BEYER, an individual; CHRISTINA ) 13 BIRD, an individual; ANDREA )
BOLLINGER, an individual; CARMEN ) 14 BOLLINGER, an individual; NICOLE ) 15 BOLLINGER, an individual; PAUL )
BOLLINGER, an individual; JOIEVEE ) 16 BONDOC, an individual; VICENTE ) 17 BONDOC, an individual; CYNTHIA )
BONILLA, an individual; JASMINE ) 18 BONILLA, a minor by and through her ) 19 Guardian Ad Litem CYNTHIA BONILLA; )
NICKOLAS BONILLA JR. , a minor by and ) 20 through his Guardian Ad Litem CYNTHIA ) 21 BONILLA; NICKOLAS BONILLA, an )
individual; PRISCILLA BONILLA, a minor ) 22 by and through her Guardian Ad Litem ) 23 CYNTHIA BONILLA; ADRENAL YN BO- )
UMALI, a minor by and through her Guardian) 24 Ad Litem CHRISTOPHER UMALI; RITA ) 25 BOYCE, an individual; ASENATH )
BROMLEY, an individual; BRADLEY ) 26 BROWN, an individual; DELILAH BROWN,)
an individual; MICHAEL BROWN, an ) 27 individual; BRIANNA BUNAL, a minor by ) 28 and through her Guardian Ad Litem CYNLIE )
BUNAL; MA ALMA BUNAL, an individual; )
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
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VINCENT BUNDALIAN, an individual; ) JUSTIN EDWARD BUNDY, an individual; ) DIEDRE BURKE, an individual; JUSTIN ) BURRIS, a minor by and through his ) Guardian Ad Litem VIVIAN MAGGIO; ) RYAN BURRIS, an individual; GENESIS ) CABANAS, an individual; MARY ANN ) CABARON, an individual; REY CABARON,) an individual; REYANN CABARON, a minor) by and through her Guardian Ad Litem ) MARY ANN CABARON; ABELARDO ) CABELLO, an individual; ALEJANDRA ) CABELLO, a minor by and through her ) Guardian Ad Litem ABELARDO CABELLO) ; CONSUELO CABELLO, an individual; ) CRYSTAL CABELLO, a minor by and ) through her Guardian Ad Litem ABELARDO ) CABELLO; MARTA CABELLO, an ) individual; BLANCA CABRERA, an ) individual; BRENDA CABRERA, an ) individual; JOHNNY CABRERA, an ) individual; JUAN CABRERA, an individual; ) MARIA CABRERA, an individual; DENNIS ). CACERES, an individual; DOMINGO ) CACERES, an individual; KIMBERLY) CACERES, a minor by and through her ) Guardian Ad Litem DOMINGO CACERES; ) STEVE CACERES, an individual; ) MICHAEL CALBERON, an individual; ) DONNIE CAMAGONG, an individual; ) IRENE CAMAGONG, an individual; ) ROBERTO CAMEGLA, an individual; ) BLANCHE CAMPBELL, an individual; ) RUSSELL CAMPBELL, an individual; ) ALLISON CARANDANG, a minor by and ) through her Guardian Ad Litem SERCE ) CARANDANG;AMBERCARANDANG,a) minor by and through her Guardian Ad Litem ) SERCE CARANDANG; REYNALDO ) CARANDANG, an individual; SERCE ) CARANDANG, an individual; JAVIER ) CARRERA- JR., a minor by and through his ) Guardian Ad Litem BESSIE LOPEZ; ) MATTHEW CARRERA, a minor by and )
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I through his Guardian Ad Litem BESSIE ) IRENE LOPEZ; ERIC CARRILLO, an )
2 individual; GUILLERMINA CARRILLO, an ) 3 individual; JASMINE CARRILLO, a minor )
by and through her Guardian Ad Litem ERIC) 4 A. CARRILLO; ROMINA CARRILLO, an ) 5 individual; NAOMI CARTER, an individual; )
MERLITA CASINO, an individual; OSCAR ) 6 CASINO, an individual; EDEN )
CASTANEDA, an individual; JOSEPH ) 7 CASTANEDA, a minor by and through his ) 8 Guardian Ad Litem PAUL A. CASTANEDA; )
PAUL CASTANEDA, a minor by and ) 9 through his Guardian Ad Litem PAUL A. )
10 CASTANEDA; PAUL CASTANEDA, an ) individual; SUSAN CASTANEDA, an )
11 individual; REFUGIO CASTORENA, an ) 12 individual; SANTA CASTORENA, an )
individual; RAUL CASTRUITA, an ) 13 individual; WILEEN CA TOERA, an ) 14 individual; BLANCA CERVANTES, an )
individual; YOLANDA CERVANTES ) 15 RAMIREZ, an individual; DAVID )
CHACON, an individual; DEVIDA ) 16 CHACON, an individual; JOANN CHACON, ) 17 an individual; DAVID CHACON- JR., an )
individual; JOSE CHAIREZ, a minor by and ) 18 through his Guardian Ad Litem ROSVEL ) 19 CHAIREZ; ROSE MARIE CHAIREZ, an )
individual; ROSVEL CHAIREZ, a minor by ) 20 and through his Guardian Ad Litem ROSVEL ) 21 CHAIREZ; ROSVEL CHAIREZ, an )
individual; MATTHEW CHAVARRIA, a ) 22 minor by and through his Guardian Ad Litem ) 23 ANDREA GOMES; DAISY CHAVEZ, a )
minor by and through her Guardian Ad Litem ) 24 JOSE CHAVEZ; DAMIAN CHAVEZ, a ) 25 minor by and through his Guardian Ad Litem )
DAVID CRA VEZ SR.; DAVID CHAVEZ, ) 26 an individual; DESTINY CHAVEZ, a minor )
by and through her Guardian Ad Litem ) 27 DAVID CHAVEZ SR.; HERLINDA ) 28 CHAVEZ, an individual; HILDA CHAVEZ, )
an individual; JACOB CHAVEZ, a minor by )
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 and through his Guardian Ad Litem ) JENIVIEVE RAMIREZ; JOSE CRA VEZ, an )
2 individual; DAVID CHA VEZ- JR., a minor )
3 by and through his Guardian Ad Litem ) DAVID CHAVEZ SR.; JULIUS CRA VEZ, )
4 an individual; LAURA CRA VEZ, an )
5 individual; MELISSA CRA VEZ, a minor by ) and through her Guardian Ad Litem JOSE )
6 CRA VEZ; MICHAEL CRA VEZ, an )
7 individual; SOPHIA CHAVEZ, an individual; ) NATALEE CHUN, an individual; FRANK )
8 CIENFUEGOS, an individual; JOSEIAH ) CIENFUEGOS, a minor by and through his )
9 Guardian Ad Litem FRANK CIENFUEGOS; )
10 KIANA CIENFUEGOS, a minor by and ) through her Guardian Ad Litem FRANK M )
11 CIENFUEGOS; SONIA CIENFUEGOS, an )
12 individual; TATIANA CIENFUEGOS, a ) minor by and through her Guardian Ad Litem )
l3 FRANK CIENFUEGOS; EDEN CLAUSEN, )
14 an individual; GABRIEL COLCOL, an ) individual; LYDIA COLCOL, an individual; )
15 RONALD COLCOL, an individual; JERI )
16 COLLINS, an individual; JORDAN ) COLLINS, an individual; MADISON )
17 COLLINS, a minor by and through her ) Guardian Ad Litem JERI COLLINS; TOMI )
18 COLLINS, an individual; HIGINIO )
19 CORDERO, an individual; PAOLA ) CORDERO, an individual; ELIZABETH )
20 CORDOZA, a minor by and through her )
21 Guardian Ad Litem VERONICA RIVAS; ) ANA CORTEZ, an individual; DALENA )
22 CORTEZ, an individual; JOSE CORTEZ, an )
23 individual; JOSE CORTEZ JR., an individual;) KIMBERLY CORTEZ, a minor by and )
24 through her Guardian Ad Litem ANA 1. )
25 CORTEZ; MARIA CORTEZ, a minor by and) through her Guardian Ad Litem ANA I )
26 CORTEZ; JORDAN COSTIGAN, an )
27 individual; ANTHONY COUNTS, a minor by) and through his Guardian Ad Litem )
28 ARASELI V ARGAS; LETICIA COUNTS, ) an individual; DANIEL COVARRUBIAS, an )
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 individual; ROSA COVARRUBIAS, an ) individual; DICK CRAIN, an individual; )
2 MARY CRAIN, an individual; MATHEW )
3 CRAIN, an individual; YVONNE CRAIN, an ) individual; ERIK CRICHTON, an individual; )
4 IAN CRICHTON, an individual; STEVEN )
5 CRICHTON, an individual; ZACHARY ) CRISOSTOMO, a minor by and through his )
6 Guardian Ad Litem MELODY TANDOC; ) SARA CROUSON, as survivor of JAMES )
7 MCAMIS; ALBERT CUARESMA, an )
8 individual; JOHN CUARESMA, an ) individual; MICHAEL CUARESMA, an )
9 individual; UBALDA CUARESMA, an )
10 individual; DAN CUNANAN, an individual; ) DANICA CUNANAN, an individual; )
11 DANIELLE JOY CUNANAN, a minor by )
12 and through her Guardian Ad Litem ) PRISCILLA FERRER; CHRISTOPHER )
13 CURIEL, an individual; FRANKIE CURIEL, )
14 a minor by and through her Guardian Ad ) Litem ROSIE A. FLORES CURIEL; ISABEL)
15 CURIEL, a minor by and through her ) Guardian Ad Litem ROSIE FLORES )
16 CURIEL; FRANK CURIEL JR., an )
17 individual; ROSIE CURIEL, an individual; )
18 LAURENCE DANIEL, an individual; CALE ) DAVID, a minor by and through his Guardian)
19 Ad Litem KATHLEEN DAVID; CHARLES ) DAVID, an individual; KATHLEEN DAVID,)
20 an individual; REYNALDO DAVID, an )
21 individual; CLARENCE DAVIS JR., an ) individual; KAMAU DAVIS, an individual; )
22 SOLlNADAVIS, an individual; CARMEN ) <I DAWSON, an individual; VINCENT ) :1 23 ., DAWSON, a minor by and through his ) .1
" 24 Guardian Ad Litem CARMEN DAWSON; ) "
;"i RAGINA DAYAL, an individual; ALFREDO) I 25 DE LA CRUZ, an individual; ALFREDO DE ) I 26 LA CRUZ JR., a minor by and through his ) .,
'I Guardian Ad Litem MARlA DE LA CRUZ; ) 27 LUCY DE LA CRUZ, an individual; MARlA )
!-: DE LA CRUZ, an individual; NANCY DE ) 28 LA CRUZ, an individual; BOBBY DE LA )
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PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
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ROSA, an individual; DANIEL DE LA ROSA, a minor by and through his Guardian Ad Litem STEPHANIE DE LA ROSA;
) ) )
BOBBY DE LA ROSA JR., a minor by and ) through his Guardian Ad Litem STEPHANIE ) DE LA ROSA; SAMANTHA DE LA ROSA, ) a minor by and through her Guardian Ad ) Litem STEPHANIE DE LA ROSA; ) STEPHANIE DE LA ROSA, an individual; ) ADRlAN DE LA TORRE, a minor by and ) through his Guardian Ad Litem SILVIA DE ) LA TORRE; ALVARO DE LA TORRE, an ) individual; ERlC DE LA TORRE, an ') individual; ALVARO DE LA TORRE- JR., ) an individual; SILVIA DE LA TORRE, an ) individual; DEMI DE LA V ARA, a minor by ) and through her Guardian Ad Litem MARlA ) P. DE LA V ARA; MARlA DE LA V ARA, an) individual; ANGELINE DE LOS REYES, an ) individual; EVA DE MACIAS, an individual; ) DA VlD DE SISTO, an individual; ANDRES ) DEHARO, an individual; CITLAL Y ) DEHARO, an individual; MARTHA ) DEHARO, an individual; RANDU DEHARO,) an individual; WILLIAM DEHART- JR., an ) individual; JANELLE DELFIN, a minor by ) and through her Guardian Ad Litem ) THELMA DELFIN; JOEL DELFIN, an ) individual; MICHAEL DELFIN, an ) individual; MIGUELITO DELFIN, an ) individual; THELMA DELFIN, an individual;) THELMA DELFIN, as survivor of ) FELICISTO DOMINGUEZ; BOB ) DEL VECCHIO, an individual; DEBORAH ) DEMING, an individual; DEBORAH ) DEMING, as survivor of DAVID DEMING; ) ARLENE DESEO, an individual; JANELLE- ) REGINA DESEO, a minor by and through her) Guardian Ad Litem ARLENE DESEO; ) REGINALD-JOJO DESEO- JR, a minor by ) and through his Guardian Ad Litem ARLENE) DESEO; BRUCE DETTLING, an individual; ) ELVIRA DEWITT, an individual; DELFINA) DIAZ, an individual; RUBEN DIAZ- JR., an )
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PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 individual; KATRINA DIAZ, an individual; ) LINDA DIAZ, an individual; LOUIE DIAZ, )
2 an individual; MICHELLE DIAZ, an ) 3 individual; REGINA DIAZ, an individual; )
RUBEN DIAZ, an individual; RACHELLE ) 4 DILLON, an individual; EMMA )
DOMENDEN, a minor by and through her ) 5 Guardian Ad Litem ANGELINE DE LOS ) 6 REYES; ERIC DOMENDEN, an individual; )
ERNESTO DOMENDEN, an individual; ) 7 ISAIAH DOMENDEN, a minor by and ) 8 through his Guardian Ad Litem ANGELINE )
DE LOS REYES; QUENTIN DOMENDEN, ) 9 a minor by and through his Guardian Ad )
10 Litem ANGELINE DE LOS REYES; ) ROSITA DOMENDEN, an individual; )
11 NATALIE DOOP, a minor by and through ) 12 her Guardian Ad Litem CHRISTA SAENZ; )
CHRISTINA DORADO, an individual; LISA) 13 DORADO, an individual; CHARLES ) 14 DOUTHIT, an individual; CHARLES )
DOUTHIT, an individual; DAVID ) 15 DOUTHIT, an individual; EMILY )
DOUTHIT, a minor by and through her ) 16 Guardian Ad Litem MARIA DOUTHIT; ) 17 HELEN DOUTHIT, a minor by and through )
her Guardian Ad Litem MARIA DOUTHIT; ) 18 JENNIFER DOUTHIT, an individual; ) 19 CHARLES DOUTHIT JR., an individual; )
MARIA DOUTHIT, an individual; ) 20 MICHAEL DOUTHIT, an individual; ) 21 PATRICIA DOUTHIT, an individual; )
TRAVIS DOUTHIT, an individual; ) 22 VICTORIA DOUTHIT, an individual; ) 23 DOROTHY DRESSER, an individual; )
ANDREW DUARTE, an individual; ) 24 BERNADETTE DUARTE, an individual; ) 25 CONSUELO DUARTE, an individual; )
ERICK DUARTE, a minor by and through his) 26 Guardian Ad Litem J. GUADALUPE )
DUARTE; J. GUADALUPE DUARTE, an ) 27 individual; JESUS DUARTE, an individual; ) 28 CLARA DUNCAN, an individual; )
LAWRENCE DUNCAN- JR., an individual; )
11
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
I MATTHEW DUNCAN, an individual; ) EDWARD DUTCH, an individual; REGINA)
2 DYER, an individual; MIGUEL ) 3 ECHEVARRIA, an individual; MIGUEL )
ECHEVARRIA, as survivor of MODESTA ) 4 ECHEVARRIA; OMAR ECHEVARRIA, an )
individual; CAROL EDNEY, an individual; ) 5 MAURICE EDNEY- JR., an individual; ) 6 LUCILA EGBALIC, an individual; LUCILA )
EGBALIC, as survivor of SOLOMON ) 7 EGBALIC; DONALD EGGERS, an ) 8 individual; MARY EGGERS, an individual; )
JOHN EGUCHI, an individual; MICHAEL ) 9 ELMENDORF, an individual; KIMBERLY )
10 ERWIN, an individual; KRISTEN ERWIN, a ) minor by and through her Guardian Ad Litem )
11 KIMBERLY ERWIN; KYLE ERWIN, a ) 12 minor by and through his Guardian Ad Litem )
KIMBERLY ERWIN; MICHELLE ERWIN, ) 13 an individual; PABLO ESPANOLA, an )
individual; GUADALUPE ESPINOSA, an ) 14 individual; VICTORIA ESPINOZA, a minor ) 15 by and through her Guardian Ad Litem )
RENEE CATHLEEN NAVAL; STEVEN ) 16 ESTRADA, an individual; KHI EVANS, an ) 17 individual; EVERITA EV ARISTO, an )
individual; JOSE- JR. EV ARISTO, an ) 18 individual; RICHARD FAIR, as survivor of ) 19 RITA FAIR; RICK FAIR, an individual; )
ISAIAH F ALO, an individual; FUATA ) 20 F ALO- JR., an individual; MANY A F ALO, ) 21 an individual; BARRY FANTROY, an )
individual; ESTHER FARFAN, an individual;) 22 ADELA F ARIN, an individual; JASON ) 23 FARIN, an individual; REMIGO FARlN- JR.,)
an individual; MADELENE FARIN' an ) 24 individual; REMIGIO F ARIN, an individual; ) 25 RUTH FELDT, an individual; RUTH )
FELDT, as survivor of JOHN FELDT; ) 26 JEFFREY FERGUSON, an individual; LIAM)
FERGUSON, a minor by and through his ) 27 Guardian Ad Litem SHANNON K ) 28 PETROUSKI; CARMEN FERNANDEZ, an )
individual; CHRISTINE FERNANDEZ, an )
12
PLAINTIFFS' Frn.ST AMENDED COMPLAINT FOR DAMAGES
I individual; CHRISTOPHER FERNANDEZ, an individual; CONCEZION FERNANDEZ,
2 an individual; FRANK FERNANDEZ, an 3 individual; MONICA FERNANDEZ, an
individual; NELDA FERNANDEZ, an 4 individual; ROSA FERNANDEZ, an
individual; ROY ALENE FERNANDEZ, an 5 individual; RUTH FERNANDEZ, an
) ) ) ) ) ) ) )
6 individual; JOHN MICHAEL FERRER, a ) minor by and through his Guardian Ad Litem )
7 TOMMY P. FERRER; MARY ANN ) 8 FERRER, an individual; MATTHEW )
FERRER, a minor by and through his ) 9 Guardian Ad Litem TOMMY P. FERRER; )
10 MELANIE ANN FERRER, a minor by and ) through her Guardian Ad Litem TOMMY )
11 FERRER; PRISCILLA FERRER, an ) 12 individual; TOMMY FERRER, an individual; )
BREEONNA FIAMENGO, a minor by and ) 13 through her Guardian Ad Litem JOSEPH ) 14 JOHN FIAMENGO; JOSEPH FIAMENGO, )
an individual; ALYSSA FIERRO, an ) 15 individual; ERIC FIERRO, an individual; )
KRISTA FIERRO, a minor by and through ) 16 her Guardian Ad Litem YVONNE ) 17 VILLARICO-FIERRO; MARISSA FIERRO, )
a minor by and through her Guardian Ad ) 18 Litem YVONNE VILLARICO-FIERRO; ) 19 INEZ FIGUEROA, an individual; ANDREA )
FIMBRES, an individual; RALPH FIMBRES,) 20 an individual; DOMINIK FINKE, an ) 21 individual; FRANCISCO FINKE, an )
individual; MARIA TERESA FINKE, an ) 22 individual; RUDOLF FINKE, an individual; ) 23 JAMIE FLACK, an individual; ALEJANDRO)
FLORES, an individual; BIANCA FLORES, ) 24 an individual; RAMON FLORES, an ) 25 individual; RAQUEL FLORES, an individual;)
SONYA FLORES, an individual; ALEILI ) 26 FLYNN, a minor by and through her )
Guardian Ad Litem GEORGIANNA KANE; ) 27 BEATRICE FOSTER, an individual; ) 28 BEATRICE FOSTER, as survivor of )
WENDELL FOSTER; GWENDA FOSTER, )
13
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
I an individual; PAMELA FOX, an individual; ) REYNALDO FRANCO, an individual; JEFF .)
2 FRICK, an individual; CHERI FROST, an )
3 individual; V AE FUA, an individual; MILES ) FUALAU, a minor by and through his )
4 Guardian Ad Litem SHEILA SULU; )
5 CAITLIN JANE GALAN, a minor by and ) through her Guardian Ad Litem JOSE )
6 GERALD T. GALAN; CHARLENE THEL )
7 GALAN, an individual; JEANNE CHANTEL ) GALAN, a minor by and through her )
8 Guardian Ad Litem JOSE GERALD T. ) GALAN; JOSE GERALD GALAN, an )
9 individual; JOSHUA CALEB GALAN, a )
10 minor by and through his Guardian Ad Litem ) JOSE GERALD T. GALAN; ISAIAH )
11 GALLEGOS, an individual; LINDA )
12 GALLEGOS, an individual; LINDA ) GALLEGOS, as survivor of GAYLE )
13 OSBORNE; LINDA GALLEGOS, as )
14 survivor of GREGORY OSBORNE; ) SHAEL YNN GALLEGOS, a minor by and )
15 through her Guardian Ad Litem JESSICA )
16 ALVARADO; STACY GALLEGOS, an ) individual; STACY GALLEGOS, as survivor)
17 of ARMANDO GALLEGOS; STEVEN ) GALLEGOS, an individual; JAZLENE )
18 GAL VAN, a minor by and through her )
19 Guardian Ad Litem MELISSA NAVARRO; ) ABEL GARCIA, an individual; AJA Y )
20 GARCIA, a minor by and through his )
21 Guardian Ad Litem ANTHONY GARCIA; ) ALLISON GARCIA, a minor by and through )
22 her Guardian Ad Litem ROSAL YNN )
23 GARCIA; ANGEL GARCIA, a minor by and) through his Guardian Ad Litem JUAN A. )
24 GARCIA; ANGEL GARCIA, an individual; )
25 ANTHONY GARCIA, an individual; ) BRANDlE GARCIA, an individual; CASSIE )
26 GARCIA, an individual; CYNTHIA )
27 GARCIA, an individual; DANIEL GARCIA, ) an individual; DAVE GARCIA, an individual;)
28 DENNIS GARCIA, an individual; EMILY ) GARCIA, an individual; HILARIA GARCIA,)
14
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 an individual; DANIEL GARCIA JR, a minor) by and through his Guardian Ad Litem )
2 DANIEL A. GARCIA; JUAN GARCIA, an )
3 individual; KIMBERL Y GARCIA, an ) individual; L Y ANNA GARCIA, a minor by )
4 and through her Guardian Ad Litem )
5 ANTHONY GARCIA; ROSAL YNN ) GARCIA, an individual; ROSIE GARCIA, an)
6 individual; SAMANTHA GARCIA, a minor )
7 by and through her Guardian Ad Litem ) ROSAL YNN GARCIA; SARA GARCIA, an )
8 individual; SHARON GARCIA, an ) individual; SYLVIA GARCIA, an individual; )
9 YUDITH.GASTELUM, an individual; )
10 JAMES GATLIN II, an individual; JAMIE ) GATLIN, an individual; JOHN GATLIN, an )
11 individual; SHIRLEY GATLIN, an )
12 individual; SHIRLEY GATLIN, as survivor ) ofJAMES GATLIN; JOSE GAYAP, an )
13 individual; MARIETA GAY AP, an )
14 individual; EMMA GEORGE, an individual; ) TEICHNIQUE GEORGE, an individual; )
15 EDWARD GI, an individual; PAFUTI GI )
16 PHINEAS, an individual; DESTINY GILL, a ) minor by and through her Guardian Ad Litem )
17 TRESIA LA PLANTE; MARY GILLESPIE, ) an individual; RAYMOND GILLESPIE, an )
18 individual; DAVID GLASS, an individual; )
19 DEREK GLASS, an individual; VICKIE ) GLASS, an individual; MARISA GLASS- )
20 GILLON, an individual; MACEL )
21 GLICKMAN, as survivor of EUGENE ) GLICKMAN; MARCEL GLICKMAN, an )
22 individual; ROSALIA GOLDEN, an )
23 individual; ALYSSA GOMES, a minor by ) and through her Guardian Ad Litem DAVID )
24 GOMES; ANDREA GOMES, an individual; )
25 DAVID GOMES, an individual; GREGORY ) GOMES, an individual; MICHAEL GOMES, )
26 an individual;. TAW ANA GOMES, an )
27 individual; ASHLEY GOMEZ, an individual; ) IAN GOMEZ, a minor by and through his )
28 Guardian Ad Litem YVONNE GOMEZ; ) YVONNE GOMEZ, an individual; ALBERT )
15
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 GONZALES, an individual; ANA· GONZALES, an individual; CYNTHIA
2 GONZALES, an individual; EDMUND 3 GONZALES, an individual; MANUEL
GONZALES, an individual; RIANNI 4 GONZALES, a minor by and through her
) ) ) ) ) )
Guardian Ad Litem CRYSTAL VALDES; ) 5 CIONY GONZALEZ, an individual; JASMIN) 6 GONZALEZ, a minor by and through her )
Guardian Ad Litem EDUARDO OCHOA- ) 7 JR; RUTH GONZALEZ, an individual; ) 8 ARIANA GOVEA, a minor by and through )
her Guardian Ad Litem MARlCELA ) 9 MAGANA; TIFFINI GRICE, an individual; )
10 RENEE GRIFFEY, an individual; REBECCA) GRISSOM, an individual; CANDICE )
11 GRIZZELL, an individual; DEAN GROCE, ) 12 an individual; MYRA GROCE, an individual; )
ANGELICA GUERRA, an individual; ) 13 BRANDON GUERRERO, a minor by and ) 14 through his Guardian Ad Litem ANTONIA )
LUNA; GEORGE GUERRERO, an ) 15 individual; VIENNA GUERRERO, a minor )
by and through her Guardian Ad Litem ) 16 CYNTHIA GONZALES; ARMANDO ) 17 GUEVARA, an individual; CHRISTINA )
GUEVARA, a minor by and through her ) 18 Guardian Ad Litem CLAUDIA OLIVARES; ) 19 F ABIAN GUEVARA, a minor by and )
through his Guardian Ad Litem CLAUDIA ) 20 OLIVARES; JOSEFINA GUEVARA, an ) 21 individual; ANTONIO GUEVARA JR., a )
minor by and through his Guardian Ad Litem ) 22 CLAUDIA OLIVARES; ARIANA ) 23 GURROLA, an individual; ARIANA )
GURROLA, as survivor of DONALD ) 24 TRUJILLO; ANNETTE GUTIERREZ, an )
individual; BREANNA GUTIERREZ, a ) 25 minor by and through her Guardian Ad Litem ) 26 VERONICA GUTIERREZ; CHRISTOPHER)
GUTIERREZ, an individual; CONNIE ) 27 GUTIERREZ, an individual; EMILIA ) 28 GUTIERREZ, an individual; GARY )
GUTIERREZ, an individual; GUADALUPE )
16
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 GUTIERREZ, an individual; IRMA ) GUTIERREZ, an individual; IRMA )
2 GUTIERREZ, an individual; DANNY )
3 GUTIERREZ JR., an individual; KIMBERLY) GUTIERREZ, an individual; MARTIN )
4 GUTIERREZ, an individual; MICHAEL )
5 GUTIERREZ, a minor by and through his ) Guardian Ad Litem VICTORIA POSADA; )
6 RICHARD GUTIERREZ, an individual; ) RICHARD GUTIERREZ, an individual; )
7 RICHARD GUTIERREZ, an individual; )
8 ROBERT GUTIERREZ, an individual; ) ROBERTO GUTIERREZ, an individual; )
9 SHANNON GUTIERREZ, an individual; )
10 SPENCER GUTIERREZ, a minor by and ) through his Guardian Ad Litem GARY )
11 GUTIERREZ; VERONICA GUTIERREZ, an)
12 individual; BISHOP GUZMAN, a minor by ) and through his Guardian Ad Litem GINA L )
13 GUZMAN; CHRISTIAN GUZMAN, an )
14 individual; GINA GUZMAN, an individual; ) LAURA GUZMAN, an individual; LAURA )
~ ! 15 GUZMAN, an individual; LORI GUZMAN, )
16 an individual; DOROTHY HALL-DAVIS, an ) individual; SHIRLEY HAMIL TON, an )
17 individual; SHIRLEY HAMILTON, as ) survivor of JAMES HAMILTON; BILL Y )
18 RAY HAMMONS, an individual; )
19 CHRISTOPHER HAMMONS, an individual; ) DAVID HAMMONS, an individual; JAMES )
20 HAMMONS, an individual; JAMES )
21 HAMMONS, an individual; PATSY ) HAMMONS, an individual; NENITA HAO, )
22 an individual; CLIFFORD IffiARN, an )
23 individual; JOHN HEARN, an individual; ) MARSHA HEARN, an individual; )
24 KIMBERL Y HEFFNER, an individual; )
25 PAMELA HENSON, an individual; ADRIAN) HEREDIA, an individual; ROBERT )
26 I-IERMAN IV, an individual; ROBERT )
27 HERMAN V, a minor by and through his ) Guardian Ad Litem GLORIA BEDOLLA; )
28 CHRISTIAN HERNANDEZ, a minor by and ) through his Guardian Ad Litem YOLANDA )
17
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 REYNOSO; ENRIQUE HERNANDEZ, an ) individual; ENRIQUE HERNANDEZ, as )
2 survivor of OLGA HERNANDEZ; NELMA ) HERNANDEZ, an individual; ARLENE )
3 HERRERO, an individual; CHRISTINE ) 4 HERRERO, an individual; JOSEPHINE )
HERRERO, an individual; VITO HERRERO, ) 5 an individual; AMBER HIBBERT, a minor ) 6 by and through her Guardian Ad Litem )
DEBORAH HIBBERT; CLIFTON ) 7 HIBBERT, an individual; DEBORAH ) 8 HIBBERT, an individual; DUA YNE )
HIBBERT, a minor by and through his ) 9 Guardian Ad Litem DEBORAH HIBBERT; )
10 JAEDEN I-IIBBERT, a minor by and through) her Guardian Ad Litem DEBORAH )
11 HIBBERT; TROY HIBBERT, an individual; ) 12 DON HINSHIL WOOD, an individual; )
GLICERIA HINSHIL WOOD, an individual; ) 13 JOY HINSHIL WOOD, a minor by and ) 14 through her Guardian Ad Litem GLICERIA )
M. HINSHIL WOOD; KELLY HODGE, an ) 15 individual; VINCENT I-lODGE, an )
individual; CARYN HOOPINGARNER, an ) 16 individual; ALBERT HUERTA, an ) 17 individual; IRENE I-IUER T A, an individual; )
ALBERT HUERTA JR., an individual; ) 18 LUCY HUERTA, an individual; NICO ) 19 HUERTA, a minor by and through his )
Guardian Ad Litem LUCY HUERTA; IRENE) 20 HUERTO, an individual; FLORO HUERTO ) 21 SR., an individual; SHARON HUGHES, an )
individual; CARLA HUGHES-NIEMI, an ) 22 individual; ALFONSO IBANEZ, an ) 23 individual; EILEEN IBARRA, an individual; )
AGATHA IBEKWE, an individual; ) 24 AUGUSTINE IBEKWE, an individual; )
KYLE ICHIKAWA, an individual; ) 25 CHINYERE IFEACHO, an individual; JOHN ) 26 IFEACHO, an individual; lONE )
INFANT ADO, an individual; APRIL ) 27 INGRUM, an individual; ASHLEY ) 28 INGRUM, a minor by and through her )
Guardian Ad Litem LINDA G. GALLEGOS; )
18
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 JEFFREY INGRUM, an individual; ) JONATHAN ISIP, an individual; JOSHUA . )
2 ISIP, a minor by and through his Guardian Ad) Litem WILEEN CATOERA; ALEXANDER )
3 IZMAJTOVICH, an individual; ALFREDO ) 4 IZMAJTOVICH, an individual; ALFREDO ) 5 IZMAJTOVICH, an individual; EVAN )
IZMAJTOVICH, a minor by and through his ) 6 Guardian Ad Litem ALFREDO R )
IZMAJTOVICH; GRISELDA ) 7 IZMAJTOVICH, an individual; MA TILDE ) 8 IZMAJTOVICH, an individual; MILDRED )
JACKSON, an individual; RENARTA ) . 9 JACKSON, an individual; DORIS ) 10 JAMERSON, an individual; KORY )
JAMERSON, an individual; MIKQUEL ) 11 JAMERSON, an individual; SOL ) 12 JAMERSON, an individual; CESHA JAMES,)
a minor by and through her Guardian Ad ) 13 Litem EDITHA JAMES; CHEDON JAMES, ) 14 a minor by and through his Guardian Ad )
Litem SHELDON JAMES; CHERRISTAN ) 15 JAMES, a minor by and through her Guardian)
Ad Litem EDITHA JAMES; CHESTAN ) 16 JAMES, a minor by and through his Guardian) 17 Ad Litem SHELDON JAMES; EDITHA )
JAMES, an individual; LISA JAMES, an ) 18 individual; SHELDON JAMES, an ) 19 individual; DECEL Y JARAMILLA, an )
individual; HAILEY JARAMILLA, a minor ) 20 by and through her Guardian Ad Litem ) 21 MARVIN JARAMILLA; MARVIN )
JARAMILLA, an individual; EDNA JARVIS,) 22 an individual; JERRY JELENIC, an ) 23 individual; JERRY JELENIC, as survivor of )
RUZICA MANJGOTIC; KRYSTAL ) 24 JELENIC, an individual; TIFF ANY )
JELENIC, an individual; YOLANDA ) 25 JELENIC, an individual; SHYRA JENKINS- ) 26 JACKSON, an individual; JOSE JIMENEZ, )
an individual; JOSE JIMENEZ, an individual; ) 27 KENDRA JIMENEZ, an individual; ) 28 RAQUEL JIMENEZ, an individual; ANNA )
JOHNSON, an individual; DAVID KANE, an)
19
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
, ,
;:1
I::
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
individual; GEORGIANNA KANE, an ) individual; CHRISTINE KAONO, an ) individual; AMIT KAPOOR, an individual; ) GEHNA KAPOOR, a minor by and through ) her Guardian Ad Litem AMIT KAPOOR; ) TANI KAPOOR, an individual; Y AMY A ) KAPOOR, a minor by and through her ) Guardian Ad Litem AMIT KAPOOR; ) CARRIE KARR, an individual; DWIGHT ) KARR, an individual; IRENE KARR, an ) individual; REBECCA KARR, an individual; ) BRIAN KEITH, an individual; CHARLES ) KEITH III, an individual; CHARLES KEITH) JR., an individual; LINDA KEITH, an ) individual; AMY KEITH-MORENO, an ) individual; CHRISTOPHER KOV AL-DTAZ, ) a minor by and through his Guardian Ad ) Litem MICHELLE KOV AL-DTAZ; ) NICHOLAS KOV AL-DTAZ, a minor by and ) through his Guardian Ad Litem MICHELLE ) KOVAL-DTAZ; TRESIALA PLATNEY, an ) individual; CARLITO LABARDA JR., an ) individual; DENNIS LAFORTEZA, an ) individual; FLORDELTZ LAFORTEZA, an ) individual; PAMELA LAFORTEZA, an ) individual; EILEEN LAKIN, an individual; ) EILEEN LAKIN, as survivor of LA WRENCE) DUNCAN; EILEEN LAKIN, as survivor of ) MARK DUNCAN; JASMINE LAL, a minor ) by and through her Guardian Ad Litem ) REGINA DAYAL; JOWAHIR LAL, an ) individual; MANISH LAL, a minor by and ) through his Guardian Ad Litem REGINA ) DAYAL; RAJIV LAL, a minor by and ) through his Guardian Ad Litem RAGINA ) DAYAL; JOSEPHINE LANDINGIN, an ) individual; LINDA LAPONZA, an individual;) ALEJANDRO LARA, an individual; JOSE ) LARA, an individual; ALMA LARA- ) SANCHEZ, an individual; RONALD ) LARRIEN, an individual; GORDON ) LARRIER, an individual; DYLAN ) LARRIEU, an individual; GEDDY ) LARRIEU, an individual; BARBARA ).
20
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 LASSWELL, an individual; HAROLD ) LASSWELL, an individual; JENNIFER )
2 LASSWELL, an individual; THOMAS ) 3 LASSWELL, an individual; THOMAS )
LASSWELL, an individual; FREDERICK ) 4 JOHN LAXA, an individual; JAMES LAXA, )
an individual; CLARE LAXA-SALAZAR, an) 5 individual; LILY LAZARO, an individual; ) 6 ANGEL LAZCANO, a minor by and through)
his Guardian Ad Litem DENISE LAZCANO; ) 7 ROSIE LEAL, a minor by and through her ) 8 Guardian Ad Litem ROSIE ARVIZU; )
BRENDA LEAVENWORTH, an individual; ) 9 AIDA LEDESMA, an individual; CELIA )
10 LEON, an individual; CONTIDO LEON, an ) individual; FRANK LEON, an individual; )
11 JENNIFER LEON, a minor by and through ) 12 her Guardian Ad Litem PRAXEDES LEON; )
LUIS LEON JR., an individual; MARTIN ) 13 LEON, an individual; MARTIN LEON, a ) 14 minor by and through his Guardian Ad Litem )
PRAXEDES LEON; MARTIN LEON, as ) 15 survivor of LUIS LEON; PRAXEDES LEON,)
an individual; RICHARD LEON, an ) 16 individual; ROBERT LEON, an individual; ) 17 ROLAND LEON, an individual; CARL Y )
LIMOSNERO, a minor by and through her ) 18 Guardian Ad Litem MICHAEL ) 19 LIMOSNERO; MAILE LIMOSNERO, a )
minor by and through her Guardian Ad Litem ) 20 MICHAEL LIMOSNERO; MICHAEL ) 21 LIMOSNERO, an individual; NINETTE )
LIMOSNERO, an individual; ) 22 CHRISTOPHER LIPSEY, an individual; ) 23 CUINN LIPSEY, a minor by and through his )
Guardian Ad Litem WANDA L. WEIMER; ) 24 KENNA LIPSEY, a minor by and through her)
Guardian Ad Litem WANDA L. WEIMER; .) 25 ANDREW LIRA, a minor by and through his ) 26 Guardian Ad Litem MIGUEL LIRA; )
GUADALUPE LIRA, an individual; ) 27 MIGUEL LIRA, an individual; MIGUEL ) 28 LIRA, a minor by and through his Guardian )
Ad Litem MIGUEL LIRA; MOISES LIRA, a )
21
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 minor by and through his Guardian Ad Litem ) MIGUEL GONZALO LIRA; NATALIE )
2 LIRA, a minor by and through her Guardian )
3 Ad Litem MIGUEL LIRA; ANITA LISING, ) an individual; LEKISA LITTLE, an )
4 individual; JUAN LLANES, an individual; )
5 JUAN LLANES, as survivor of GILDA ) LLANES; VICTORIA LOFTHOUSE, an )
6 individual; ANTHONY LOMELI, an ) individual; ERMELINDA LOMELI, an )
7 individual; HENRY LOMELI, an individual; )
8 MELINDA LOMELI, an individual; KEIKO ) LOMIBAO, as survivor of CESAR )
9 LOMIBAO; KIEKO LOMIBAO, an )
10 individual; CHARLES LONG III, an ) individual; CHARLES LONG JR., an )
11 individual; KEVIN LONG, an individual; )
12 PENNY LONG, an individual; ALBERTO ) LOPEZ, an individual; ALMA LOPEZ, an )
13 individual; ANGEL LOPEZ, a minor by and )
14 through his Guardian Ad Litem HECTOR ) LOPEZ; ANTHONY LOPEZ, a minor by and)
15 through his Guardian Ad Litem VANESSA )
16 M. LOPEZ; ARTURO LOPEZ, an individual; ) ARTURO LOPEZ, an individual; BEATRIZ )
17 LOPEZ, an individual; BESSIE LOPEZ, an ) individual; BONNIE LOPEZ, an individual; )
18 BRIDGET LOPEZ, an individual; )
19 BRITTANY LOPEZ, an individual; ) CATHERINE LOPEZ, an individual; )
20 CATHERINE LOPEZ, an individual; )
21 CHRYSTINA LOPEZ, an individual; DAVID) LOPEZ, an individual; GLORIA LOPEZ, an )
22 individual; HECTOR LOPEZ, an individual; )
23 JOHN LOPEZ, an individual; JOHNNY ) LOPEZ, an individual; JOSE LOPEZ, an )
24 individual; JOSE LOPEZ, an individual; )
25 ALBERT LOPEZ JR., an individual; DAVID ) LOPEZ JR., an individual; HECTOR LOPEZ )
26 JR., a minor by and through his Guardian Ad )
27 Litem CATHERINE E. LOPEZ; MIGUEL ) LOPEZ JR., an individual; KATRINA )
28 LOPEZ, a minor by and through her Guardian) Ad Litem VANESSA M. LOPEZ; )
22
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 MAGDALENA LOPEZ, an individual; ) MARISSA LOPEZ, a minor by and through )
2 her Guardian Ad Litem CATHERINE ) LOPEZ; MA YRA LOPEZ, an individual; )
3 MICHELLE LOPEZ, an individual; OFELIA ) 4 LOPEZ, an individual; OLIVIA LOPEZ, a )
minor by and through her Guardian Ad Litem ) 5 VANESSA LOPEZ; REYNALDO LOPEZ, a ) 6 minor by and through his Guardian Ad Litem )
CATHERINE E. LOPEZ; RICHARD ) 7 LOPEZ, an individual; ROXANA LOPEZ, a ) 8 minor by and through her Guardian Ad Litem )
HECTOR LOPEZ; RUBEN LOPEZ, an ) 9 individual; RUBEN LOPEZ, an individual; )
10 SAMANTHA LOPEZ, a minor by and ) through her Guardian Ad Litem JOHNNY )
11 LOPEZ; VANESSA LOPEZ, an individual; ) 12 VINCENT LOPEZ, an individual; INGRID )
LOPEZ-ALVARADO, an individual; DY AN ) 13 LOPEZ-FIAMENGO, an individual; )
ABSALON LOPEZ-LAVALLE, an ) 14 individual; LILL Y LOPEZ-LAVALLE, an ) 15 individual; MARCELLA LOPEZ-LAVALLE,)
an individual; GIGI LORESCO, an ) 16 individual; GIGI LORESCO, as survivor of ) 17 MELANIO LORESCO- JR.; ROYAL )
LORESCO, an individual; JESSE LOWREY, ) 18 an individual; JESSE LOWREY, as survivor ) 19 of ESTHER LOWREY; ANTHONY )
LOZANO, an individual; ANTHONY ) 20 LOZANO JR., a minor by and through his ) 21 Guardian Ad Litem MONICA LOZANO; )
MONICA LOZANO, an individual; ) 22 STEPHANIE LOZANO, a minor by and ) 23 through her Guardian Ad Litem MONICA )
LOZANO; DOLORES LUCERO, an ) 24 individual; RICKY LUCERO, an individual; ) 25 ROBERT LUCERO, an individual; RUDY )
LUCERO, an individual; ALLAN ) 26 LUHRSEN, an individual; ANDREW )
LUHRSEN, an individual; ALLAN ) 27 LUHRSEN JR., an individual; SUSAN ) 28 LUHRSEN, an individual; ANTONIA )
LUNA, an individual; BRIAN LUNA, an )
23
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 individual; LORENZA LUNA, an individual; ) NOE MACIAS ARCE, an individual; )
2 JOSEPH MACIAS, an individual; MARIA )
3 MACIAS, an individual; JESUS MACIAS- ) ZUNIGA, an individual; DAVID )
4 MACLEOD, an individual; MALCOLM )
5 MACLEOD, an individual; SHAARON ) MACLEOD, an individual; ALFRED )
6 MADRID, an individual; ANNA MADRID, ) an individual; BRITTANY MADRID, an )
7 individual; LOUIS MADRID JR. , an )
8 individual; MARTHA MADRID, an ) individual; MELORIE MADRID, an )
9 individual; ROSELIE MADRID, an )
10 individual; LOUIS MADRID SR., an ) individual; SOCORRO MADRIGAL, an )
11 individual; ESEQUIEL MAGALLON, an )
12 individual; KAREN MAGALLON, an ) individual; LORI MAGALLON, an )
13 individual; KAREN MAGALLON-HAMLIN,)
14 an individual; ADAM MAGANA, an ) individual; ADAN MAGANA, an individual; )
15 ESTHER MAGANA, an individual; ) !i
16 HECTOR MAGANA, an individual; ) HOWARD MAGANA, an individual; JULIA)
17 MAGANA, a minor by and through her ) Guardian Ad Litem ADAM MAGANA; )
18 JULISSA MAGANA, a minor by and through)
19 her Guardian Ad Litem ADAM MAGANA; ) ,! MAKA YLA MAGANA, a minor by and )
20 through her Guardian Ad Litem BRENDA )
21 CABRERA; MARICELA MAGANA, an ) individual; MARIO MAGANA, an )
22 individual; NATHAN MAGANA, a minor by)
23 and through his Guardian Ad Litem MARIO ) MAGANA; ADOLFO MAGDALENO, an )
24 individual; ANABEL MAGDALENO, an )
25 individual; BENITO MAGDALENO, an ) individual; DANIEL MAGDALENO, a minor)
26 by and through his Guardian Ad Litem )
27 ANABEL MAGDALENO; DESTINY ) MAGDALENO, a minor by and through her )
28 Guardian Ad Litem ANABEL ) MAGDALENO; MARLENE )
! 24
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 MAGDALENO, a minor by and through her ) Guardian Ad Litem ANABEL )
2 MAGDALENO; VITALINA MAGDALENO,)
3 an individual; TERRY MAGGA Y, an ) individual; TERRY MAGGA Y, as survivor of)
4 FRANCIS MAGGA Y; TERRY MAGGA Y, )
5 as survivor of PETE MAGGA Y; TERRY ) MAGGA Y, as survivor of SIXTO UNANA; )
6 BRANDON MAGGIO, a minor by and )
7 through his Guardian Ad Litem VIVIAN ) MAGGIO; WILLIE MAGGIO JR., an )
8 individual; VIVIAN MAGGIO, an individual;) GABRIELLE MAGNO, an individual; GIAN-)
9 PAOLO MAGNO, a minor by and through his)
10 Guardian Ad Litem YASMIN MAGNO ) ; GIL MAGNO, an individual; GIL MAGNO, )
11 as survivor of BONIFACIO MAGNO; )
12 GILBERT MAGNO, an individual; YASMIN) MAGNO, an individual; ABDUL MALIK, an)
13 individual; AMALIA MALUNDA, an )
14 individual; SEYMOUR MALUNDA, an ) individual; ANAGIRLIE MANALESE, an )
15 individual; MICAH MANALESE, a minor by )
16 and through her Guardian Ad Litem ) MICHAEL MANALESE; MICHAEL )
17 MANALESE, an individual; MICHEL )
18 MANALESE, a minor by and through his ) Guardian Ad Litem MICHAEL MANALESE;)
19 JOAN MANANSALA, an individual; ) JOSHUA MANANSALA, an individual; )
20 JULIETO MANANSALA, an individual; )
21 YOLANDA MANANSALA, an individual; ) CARLOS MAN CERA, an individual; )
22 CARSON MANCERA, a minor by and ) C,j
23 through his Guardian Ad Litem MICHELLE ) MANCERA; DENIELLE MAN CERA, a )
24 minor by and through her Guardian Ad Litem )
25 MICHELLE MANCERA; MATTHEW ) MANCERA, a minor by and through his )
26 Guardian Ad Litem MICHELLE MANCERA;)
27 MICHELLE MANCERA, an individual; ) AMBARMARIN, an individual; AURORA )
28 MARIN, an individual; FELIX MARIN, an ) individual; JOSE MARIN, an individual; )
25
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 RUTH MARlN, an individual; ALEJANDRO) MARTINEZ, an individual; ALEX )
2 MARTINEZ, a minor by and through his )
3 Guardian Ad Litem RAMONA MARTINEZ; ) ALEXANDRA MARTINEZ, a minor by and )
4 through her Guardian Ad Litem RAMONA )
5 MARTINEZ; ALEXIS MARTINEZ, a minor) by and through her Guardian Ad Litem )
6 RAMONA MARTINEZ; ANTHONY )
7 MARTINEZ, a minor by and through his ) Guardian Ad Litem RAMONA MARTINEZ; )
8 CHARISSE MARTINEZ, an individual; ) CHRISTIAN MARTINEZ, an individual; )
9 CYNTHIA MARTINEZ, a minor by and )
lO through her Guardian Ad Litem CYNTHIA ) BONILLA; FE MARTINEZ, an individual; )
11 GLORIA MARTINEZ, an individual; )
12 SAL V ADOR MARTINEZ III, an individual; ) IVAN MARTINEZ, an individual; JESUS )
13 MARTINEZ, an individual; JOSE )
14 MARTINEZ, an individual; LISA ) MARTINEZ, an individual; LISA )
15 MARTINEZ, as survivor ofRAlIT, )
16 MADRID; MAGILAC MARTINEZ, an ) individual; MANUEL MARTINEZ, an )
17 individual; MARlA MARTINEZ, an ) individual; MARLON MARTINEZ, an )
18 individual; MARTIN MARTINEZ, an )
19 individual; MARTIN MARTINEZ, a minor ) by and through his Guardian Ad Litem )
20 MARTIN M. MARTINEZ; MAURICIO )
21 MARTINEZ, an individual; MAXIMILLIAN ) MARTINEZ, an individual; MIGUEL )
22 MARTINEZ, an individual; PATRICIA )
23 MARTINEZ, an individual; P AlIT, ) MARTINEZ, an individual; RAMONA )
24 MARTINEZ, an individual; ROBERT )
25 MARTINEZ, an individual; ROBERT ) MARTINEZ, an individual; ROCKY )
26 MARTINEZ, a minor by and through his ) Guardian Ad Litem MARTIN M. )
27 MARTINEZ; SALVADOR MARTINEZ, an )
28 individual; SANDRA MARTINEZ, an ) individual; STEPHANIE MARTINEZ, an )
26
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 individual; TRINITY MARTINEZ, a minor ) by and through her Guardian Ad Litem )
2 KIMBERL Y RAMIREZ; VICTOR ) 3 MARTINEZ, an individual; GLORIA )
MARTINEZ-RIVERA, an individual; ) 4 CARMELIT A MASCARDO, an individual; )
DENNIS MASCARDO, an individual; ) 5 JOSEFINO MASCARDO, an individual; ) 6 CORRINA MATAALII, an individual; )
DAVID MATAALII, an individual; ) 7 LAUREN MAT AALII, a minor by and ) 8 through her Guardian Ad Litem STEPHEN )
MAT AALII; STEPHEN MAT AALII, an ) 9 individual; ALLISTER MATHESON, an )
10 individual; RAUL MATUTE, an individual; ) ERNESTO MA YUGA, an individual; )
11 GLORIA MA YUGA, an individual; CARLA ) 12 MCCAGUE, an individual; CARLA )
MCCAGUE, as survivor of ROBERT ) 13 ELMENDORF; CARLA MCCAGUE, as ) 14 survivor of CARL ELMENDORF JR.; )
CARLA MCCAGUE, as survivor of MARY ) 15 ELMENDORF; GEO MCCALIP, an )
individual; ROBERT MCCALIP, an ) 16 individual; BILLIE MCCARTY, an ) 17 individual; MAX MCCARTY, an individual; )
WINFRED MCCARTY, an individual; ) 18 CHRIS MCCOLLUM, an individual; ) 19 LESLEY-ANNE MCCOLLUM, an )
individual; MICHAEL MCCOLLUM, an ) 20 individual; REBECCA MCCOLLUM, an ) 21 individual; DAVID MCEWAN, an individual;)
DAVID MCEWAN, as survivor of ) 22 ADELAIDE MCEWAN; GORDON ) 23 MCEWAN, an individual; BILLY MCGEE, )
an individual; NINA MCGEE, an individual; ) 24 SHANAH MCGEE, an individual; YUSEF )
MCGEE, a minor by and through his ) 25 Guardian Ad Litem NINA MCGEE; ) 26 ANDREW MCGREGOR, an individual; )
MARGARET MCGREGOR, a minor by and ) 27 through her Guardian Ad Litem ANDREW ) 28 MCGREGOR; OPAL MCKINNEY, an )
individual; OPAL MCKINNEY, as survivor )
27
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 ofDA VB MCKINNEY; AIDAN MCLURE, a) minor by and through his Guardian Ad Litem )
2 LAURA CHAVEZ; EDWARD MEDINA, an )
3 individual; EDWARD MEDINA, an ) individual; ELOISE MEDINA, an individual; )
4 GLORIA MELGOZA, an individual; JOSE )
5 MENDEZ, an individual; JOSEPH MENDEZ,) an individual; JUANITA MENDEZ, an )
6 individual; JUNE MENDEZ, an individual; )
7 STEVEN MENDEZ, an individual; CARLOS) MENDOZA JR., an individual; PABLO )
8 MENDOZA, an individual; ISABELLA ) MENZEL, a minor by and through her )
9 Guardian Ad Litem KELLY BERGEN; )
10 SAMANTHA MENZEL, a minor by and ) through her Guardian Ad Litem KELLY )
11 BERGEN; ANGELES MERCADO, an )
12 individual; CARMELITA MERCADO, an ) individual; NELIA MERCADO, an )
13 individual; ROBBIE MILLER-BASON, an )
14 individual; CRISTINA MINJAREZ, an ) individual; ALBERTO MIRAMONTES JR., )
15 an individual; LAURA MIRAMONTES, an )
16 individual; VINCENT MIRAMONTES, a ) minor by and through his Guardian Ad Litem )
17 LAURA MIRAMONTES; BRENDA ) MIRAMONTEZ, an individual; CECILIA )
18 MIRAMONTEZ, an individual; LATOYA )
19 MIRAMONTEZ, an individual; RACHEL ) MITCHELL, an individual; MICHAEL )
20 MITOMA, an individual; ESAU )
21 MOAALIITELE, a minor by and through his ) Guardian Ad Litem GEORGIANNA KANE; )
22 IAKOPO MOAALIITELE, a minor by and )
23 through his Guardian Ad Litem ) GEORGIANNA KANE; LEMAUOSAMOA )
24 MOAALIITELE, a minor by and through his )
25 Guardian Ad Litem GORGIANNA KANE; ) MIRW AISE MOHAMMAD, an individual; )
26 NOOR MOHAMMAD, an individual; )
27 OMAID MOHAMMAD, a minor by and ) through his Guardian Ad Litem ZARY AND )
28 NOOR MUHAMMAD; ZARY ) MOHAMMAD, an individual; ELIZABETH )
28
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 MONGE, an individual; JULIE ) MONTGOMERY, an individual; DANIEL )
2 MONTOYA, an individual; LYDIA ) 3 MONTOYA, an individual; MICHAEL )
MONTOYA, an individual; NICK ) 4 MONTOYA, an individual; OLIVER )
MONTOYA, an individual; SORA Y A ) 5 MONTOYA-SONI, an individual; CURTIS ) 6 MOORE, an individual; HELEN MORA, an )
individual; ROY MORA JR, an individual; ) 7 ROY MORA SR., an individual; YVONNE ) 8 MORA, an individual; SULTAN )
MUHAMMAD, an individual; CHRISTIAN ) 9 MURILLO, an individual; RAMON )
10 MURILLO, an individual; YAMILETH ) MURILLO, an individual; DENISE )
11 MUSICK, an individual; MERV MYERS, an ) 12 individual; MERV MYERS, as survivor of )
MARY MYERS; EDWARD NABA YAN , an) 13 individual; AMANDA NABA YAN, an )
individual; CELIA NABA Y AN, an ) 14 individual; EDWARD NABA YAN JR, an ) 15 individual;LEINEANABAYAN,an )
individual; VALENTINA NABA YAN, an ) 16 individual; TADAHARU NAKASUJI, an ) 17 individual; THELMA NARVAEZ, an )
individual; CEASAR NA V A, an individual; ) 18 VISION NA V A, a minor by and through her ) 19 Guardian Ad Litem YVETTE VELARDE; )
RENEE NAVAL, an individual; RICHARD ) 20 NAVAL, an individual; ROSEMARY ) 21 NAVAL, an individual; RUDY NAVAL, an )
individual; JASON NA V ALES, a minor by ) 22 and through his Guardian Ad Litem JILL ) 23 PARAGO; ROSALBA NAVARRETE, an )
individual; EDUARDO NAVARRETTE, an ) 24 individual; EDWARD NAVARRETTE, a ) 25 minor by and through his Guardian Ad Litem )
ROSA M. NAVARRETTE; KATRINA ) 26 NAVARRETTE, a minor by and through her )
Guardian Ad Litem ROSA NAVARRETTE; ) 27 ROSA NAVARRETTE, an individual; ) 28 SONIA NAVARRETTE, a minor by and )
through her Guardian Ad Litem ROSA M. )
29
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 NAVARRETTE; CARLOS NAVARRO, a ) minor by and through his Guardian Ad Litem )
2 STEPHANIE DE LA ROSA; DEBORAH )
3 NAVARRO, an individual; DEBRA ) NAVARRO, an individual; JAQUELLINE )
4 NAVARRO, an individual; MELISSA )
5 NAVARRO, an individual; RUDY ) NAVARRO, an individual; RUDY )
6 NAVARRO SR., an individual; CHARLIE ) NEGRETE, an individual; mANA NEGRI, )
7 an individual; DOROTHY NELSON, an )
8 individual; MARC NGUYEN, an individual; ) MINH BRIAN NGUYEN, an individual; )
9 STEVEN NIETO, an individual; MARTHA )
10 NILSSON, an individual; MARIA NINO- ) CASTILLO, an individual; ELIZARDO )
11 NOMBRADO, an individual; JOBERT )
12 NOMBRADO, a minor by and through his ) Guardian Ad Litem MARY JEAN )
13 NOMBRADO; MARY JEAN NOMBRADO, )
14 an individual; ELIZABETH NORIEGA, an ) individual; JACKL YN NORIEGA, a minor )
15 by and through her Guardian Ad Litem )
16 KATHLEEN D. NORIEGA; JAIME ) NORIEGA, an individual; JAIME )
17 NORIEGA, an individual; RUBEN ) NORIEGA JR., an individual; KATHLEEN )
18 NORIEGA, an individual; MARTIN )
19 NORIEGA, an individual; RUBEN ) NORIEGA, an individual; BARBARA )
20 NORWOOD, an individual; CAMERON )
21 NORWOOD, an individual; CANDACE ) NORWOOD, a minor by and through her )
22 Guardian Ad Litem CAMERON A. )
23 NORWOOD; JADA NORWOOD, a minor by) and through her Guardian Ad Litem )
24 BARBARA NORWOOD; MARTIN NUNEZ,)
25 an individual; MICHELLE NUNEZ, an ) individual; NICHELLE NUNEZ, an )
26 individual; NICO NUNEZ, an individual; )
27 ANN OBERLANDER, an individual; JOY ) O'BRIEN, an individual; JACK O'BRIEN- )
28 JR., an individual; TAYLOR O'BRIEN, a ) minor by and through her Guardian Ad Litem )
30
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I JOy O'BRIEN; MARIA OCAMPO, an ) individual; ALEJANDRO OCHOA, a minor )
2 by and through his Guardian Ad Litem ) EDUARDO OCHOA- JR; CELIA OCHOA, )
3 an individual; DANIEL OCHOA, an ) 4 individual; EDUARDO OCHOA, an )
individual; HECTOR OCHOA, an individual; ) 5 EDUARDO OCHOA JR., an individual; ) 6 KRISTY OCHOA, a minor by and through )
her Guardian Ad Litem LUZ ELENA ) 7 OCHOA; LUIS OCHOA, an individual; LUZ ) 8 OCHOA, an individual; MARTHA OCHOA, )
an individual; RAFAEL OCHOA, an ) 9 individual; RAP AEL OCHOA, an individual; )
10 ROSE MARY OCHOA, an individual; ) SIERRA OCHOA, a minor by and through )
II her Guardian Ad Litem EDUARDO OCHOA-) 12 JR; ALAN OGAWA, an individual; GRACE )
OGAWA, an individual; MICHAEL ) 13 OGAWA, an individual; RIKIYA OGAWA, ) 14 an individual; CARMEN OGDEN, as )
survivor of JOSE OCHOA; JAMES OGDEN, ) IS an individual; SHARON OGDEN, an )
individual; WILLIAM OGDEN, an ) 16 individual; BELINDA OGLESBY, an ) 17 individual; HALIE OGLESBY, a minor by )
and through her Guardian Ad Litem ) 18 BELINDA OGLESBY; JEFFREY ) 19 OGLESBY, an individual; KELSEY )
OGLESBY, a minor by and through her ) 20 Guardian Ad Litem BELINDA OGLESBY; ) 21 RONNIE OGLESBY, an individual; KEANE )
OKAMOTO, an individual; KERRIE ) 22 OKAMOTO, an individual; LEINI ) 23 OKAMOTO, a minor by and through her )
Guardian Ad Litem KEANE OKAMOTO; ) 24 ANNA OKUMOTO, an individual; ) 25 CLAUDIA OLIVARES, an individual; )
JESSICA OLIVARES, a minor by and ) 26 through her Guardian Ad Litem CLAUDIA )
OLIVARES; JESUS OLIVARES, an ) 27 individual; ARMSTRONG ONWUBERE, an ) 28 individual; DELORES ONWUBERE, an )
individual; EBONY ONWUBERE, an )
31
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 individual; JERMAINE ONWUBERE, an ) individual; NINA ONWUBERE, an )
2 individual; YOLANDA ONWUBERE, an )
3 individual; VANESSA ORELLANA, an ) individual; BRYNNE ORLOSKI, an )
4 individual; TAMARA ORLOSKI, an )
5 individual; CHRISTOPHER ORTEGA, a ) minor by and through his Guardian Ad Litem )
6 REGINA R TAYLOR; CLEMENCIA )
7 ORTEGA, an individual; DAVID ORTEGA, ) an individual; RICARDO ORTEGA JR. , an )
.8 individual; PILAR ORTEGA- JR., an ) individual; LAWRENCE ORTEGA, an )
9 individual; LEONARD ORTEGA, an )
10 individual; LORRAINE ORTEGA, an ) individual; LUPE ORTEGA, an individual; )
11 MONIQUE ORTEGA, an individual; )
12 RICARDO ORTEGA, an individual; ) RICHARD ORTEGA, an individual; TARA )
13 ORTEGA, a minor by and through her )
14 Guardian Ad Litem RICARDO ORTEGA ) JR.; LETICIA ORTEGA-BAEMA YR, an )
15 individual; MAX OSBORNE, an individual; )
16 NANCY OSBORNE, an individual; ERICK ) OSUNA, an individual; ISRAEL OSUNA, an )
17 individual; JOSE OSUNA JR., an individual; ) MARIA OSUNA, an individual; NAOMI )
18 OSUNA, an individual; ELIZABETH )
19 PACHECO, an individual; ELIZABETH ) PACHECO, as survivor of ROBERT )
20 PACHECO; JACINTO PACHECO, an )
21 individual; JAVIER PADILLA, an individual;) NICOLASA PADILLA, an individual; )
22 EDITH P AGUIO, an individual; ESTELA )
23 P AGUIO, an individual; ESTELA P AGUIO, ) as survivor of JOSE ALVIN P AGUIO; )
24 VICTOR P AGUIO, an individual; DARRELL)
25 P ALICTE, an individual; DARYN P ALICTE,) an individual; HENRY PALICTE, an )
26 individual; JUSTINA P ALICTE, an )
27 individual; AGNA PANG, an individual; ) IMELDA PANTALEON, an individual; )
28 PATRICK PANTALEON, an individual; ) PHILLIP PANTALEON, an individual; )
32
PLAINTIFFS' FmST AMENDED COMl'LAINT FOR DAMAGES
1 PRAIRE PANTALEON, an individual; ) DULCE P ARAGO, an individual; JADE )
2 PARAGO, an individual; JILL PARAGO, an ) 3 individual; JOHN P ARAGO, an individual; )
NATHANIEL PARAGO, an individual; ) 4 EMMA PARAYNO, an individual; MARK )
PARAYNO, an individual; CHARLENE ) 5 PATRIARCA, an individual; JOHNNY ) 6 P ATTERSON- JR, a minor by and through )
his Guardian Ad Litem YVETTE VELARDE;) 7 CONRAD PENDILLA, an individual; ) 8 SARAL YN PENNINGTON, an individual; )
ALEJANDRO PEREZ, an individual; ) 9 DANIEL PEREZ, an individual; DIANA )
10 PEREZ, an individual; GUADALUPE ) PEREZ, an individual; HORACIO PEREZ, an)
II individual; JOSE PEREZ, an individual; ) 12 MICHAEL PEREZ, an individual; )
MICHAEL PEREZ, a minor by and through ) 13 his Guardian Ad Litem MARIA P. DE LA ) 14 VARA; RALPH PEREZ, an individual; )
STEPHANIE PEREZ, as survivor of ) 15 RAMONA GANTEAUNE; ALEXANDRA )
PERKINS, an individual; ALICIA PERKINS, ) 16 an individual; ALICIA PERKINS, an ) 17 individual; RICHARD PERKINS JR., an )
individual; RICHARD PERKINS, an ) 18 individual; SHANNON PETROUSKI, an ) 19 individual; WENDY PETROUSKI, an )
individual; WENDY PETROUSKI, as ) 20 survivor of ARNOLD YOSHIZA W A; ) 21 CHARLES PFEIFFER, an individual; )
BOBBY PHILLIPS, an individual; BOBBY ) 22 PHILLIPS II, an individual; MAR-JANA ) 23 PHILLIPS, a minor by and through her )
Guardian Ad Litem BOBBY PHILLIPS; ) 24 ROWENA PHILLIPS, an individual; JULIE ) 25 PHINEAS, an individual; MAGDALENE )
PHINEAS, an individual; DOMINIC ) 26 PIAZZA, an individual; KRYSTLE PIAZZA, )
an individua1; LOURDES PIAZZA, an ) 27 individual; STEPHANIE PIAZZA, an ) 28 individual; GlOVAN PILATO, an individual; )
YVONNE PINGATORE, an individual; )
33
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 KATHLEEN PONCE (NAVARRETE), an ) individual; ANDREW PONCE, a minor by )
2 and through his Guardian Ad Litem ) 3 VALERIE PONCE; JAMES PONCE, an )
individual; KATHLEEN PONCE, as survivor) 4 of GENEVIEVE ALLINGHAM-BRAY; )
KATHLEEN PONCE, as survivor of JOSEPH) 5 BRAY; MARIA PONCE, an individual; ) 6 MICHELLE PONCE, an individual; RENE )
PONCE, an individual; VALERIE PONCE, ) 7 an individual; AMANDA PORRAS, an ) 8 individual; ARMANDO PORRAS, an )
individual; ARMANDO PORRAS III, an ) 9 individual; MARIA PORRAS, an individual; )
10 CHRISTINA POSADA, an individual; JUAN) POSADA, an individual; VICTORIA )
11 POSADA, an individual; BARBARA POST, ) 12 an individual; KATHY POST, an individual; )
STANLEY POST, an individual; MA. ) 13 CHERRY POYAOAN, an individual; ) 14 ROLANDO POYAOAN, an individual; )
ALEXANDRIA PRECIADO, a minor by and) 15 through her Guardian Ad Litem VERONICA)
RIVAS; JESUS PRECIADO, a minor by and ) 16 through his Guardian Ad Litem VERONICA ) 17 RIVAS; CARMEN PRIEST, an individual; )
MATTHEW PRIEST, an individual; ) 18 WILLIAM PRIEST, an individual; ) 19 WILLIAM PRIEST, an individual; DEBRA )
PRYOR, an individual; ANDREA PYNN, an ) 20 individual; RACHEL QUIJADA, an ) 21 individual; BAILEY QUIMSON, a minor by )
and through his Guardian Ad Litem LESLIE ) 22 QUIMSON; GLORIA QUIMSON, an ) 23 individual; ROLANDO QUIMSON JR., an )
individual; LESLIE QUIMSON, an ) 24 individual; PAUL QUIMSON, an individual; )
ROLANDO QUIMSON, an individual; ) 25 BRANDY QUINONES, an individual; ) 26 LAURA RACANELLI, an individual; )
ALEJANDRO RAMIREZ, an individual; ) 27 BEATRIZ RAMIREZ, an individual; ) 28 DENVUR RAMIREZ, a minor by and )
through his Guardian Ad Litem FREDERICK)
34
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
[1 r1
., ., :i 'i -i :'i I
i'
1 RAMIREZ; ENRIQUE RAMIREZ, a minor ) by and through his Guardian Ad Litem )
2 CHRISTOPHER GUTIERREZ; FRANK ) 3 RAMIREZ, an individual; FRANKKI )
RAMIREZ, a minor by and through his ) 4 Guardian Ad Litem NATALIE RAMIREZ; )
FREDERICK RAMIREZ, an individual; ) 5 JEAN RAMIREZ, an individual; ) 6 JENNIVIEVE RAMIREZ, an individual; )
JESSICA RAMIREZ, an individual; JOHN ) 7 RAMIREZ, an individual; JOSEPH ) 8 RAMIREZ, an individual; KIMBERL Y )
RAMIREZ, an individual; KRlSTY ) 9 RAMIREZ, an individual; MARIE )
10 RAMIREZ, an individual; MEGAN ) RAMIREZ, an individual; MICHAEL )
11 RAMIREZ, an individual; MIKE RAMIREZ, ) 12 an individual; NATALIE RAMIREZ, an )
individual; NATAL YN RAMIREZ, a minor ) 13 by and through her Guardian Ad Litem )
NATALIE RAMIREZ; TERESA RAMIREZ, ) 14 an individual; THERESA RAMIREZ, an ) 15 individual; DENISE RAMIREZ-LAZCANO, )
an individual; DAISY RAMOS, an individual;) 16 FA VIOLA RAMOS, an individual; ) 17 SALVADOR RAMOS JR., an individual; )
MA YRA RAMOS, an individual; NATALIA ) 18 RAMOS, a minor by and through her ) 19 Guardian Ad Litem MA YRA RAMOS; )
ROSA RAMOS, an individual; ROXANNA ) 20 RAMOS, a minor by and through her ) 21 Guardian Ad Litem SALVADOR RAMOS; )
SAL V ADOR RAMOS, an individual; JOHN ) 22 RANDLE, an individual; JOHN RANDLE ) 23 JR., an individual; TIONYA RANDLE, an )
individual; TONY A RANDLE, an individual; ) 24 JOE RANTE, an individual; ALEX RA YA, )
an individual; JOSE RA YA, an individual; ) 25 TOMASA RAY A, an individual; PEARL ) 26 REEDER, an individual; MARIA RENDON, )
an individual; ESTHER RENDON- ) 27 AGUILAR, an individual; DOUGLAS ) 28 RESERV A, an individual; DOUGLAS )
RESERV A JR., an individual; MELISSA )
35
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 RESERVA, an individual; ROSEMARY ) RESERVA, an individual; CHARITO )
2 REYES, an individual; EDNA REYES, an )
3 individual; ERNESTO REYES, an individual; ) JEREMY REYES, a minor by and through his)
4 Guardian Ad Litem ZERANDY REYES; )
5 JONATHAN REYES, an individual; ) JONATHAN REYES, an individual; )
6 JOSHUA REYES, a minor by and through his) Guardian Ad Litem ZERANDY REYES; )
7 SUSAN REYES, an individual; TAYLOR )
8 REYES, an individual; VIVIAN REYES, an ) individual; ZERANDY REYES, an )
9 individual; MARY REYNOLDS, an )
10 individual; YOLANDA REYNOSO, an ) individual; YOLANDA REYNOSO, as )
11 survivor of DAMIAN IBARRA; ELlJIO )
12 RUOS, an individual; ERICK RIJOS- JR, a ) minor by and through his Guardian Ad Litem )
13 ELlJIO RIJOS; ARTURO RIOS, an )
14 individual; EVELIA RIOS, an individual; )
II AARON RIVAS, a minor by and through his )
15 Guardian Ad Litem SARA RIVAS; ERIN ) I I RIVAS, a minor by and through her Guardian)
16 Ad Litem SARA RIVAS; JUANITA RIVAS, )
17 an individual; REYNALDO RIVAS, an ) individual; SARA RIVAS, an individual; )
18 SARA RIVAS, as survivor of AARON )
19 RIVAS; VERONICA RIVAS, an individual; ) DEANNA RIVERA, an individual; )
20 ERNESTO RIVERA, an individual; JAMES )
21 RIVERA, an individual; JAMES RIVERA, an) individual; LYDIA RIVERA, an individual; )
22 STEVEN RIVERA, an individual; RICHARD)
23 RIVERS IV, a minor by and through his ) Guardian Ad Litem YVONNE MORA; )
24 CRYSTAL ROBLES, an individual; )
25 KATHLEEN ROBLES, an individual; ) KATHLEEN ROBLES, as survivor of )
26 SENORINO ROBLES; MARIO ROBLES, an)
27 individual; RITA ROBLES, an individual; ) ANABEL RODRIGUEZ, an individual; )
28 ANDREW RODRIGUEZ, an individual; ) ARACELI RODRIGUEZ, an individual; )
36
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 CHRISTINA RODRIGUEZ, an individual; ) DANIEL RODRIGUEZ, an individual; )
2 EMILIO RODRIGUEZ, a minor by and ) 3 through his Guardian Ad Litem JAVIER )
RODRIGUEZ; EMMA RODRIGUEZ, an ) 4 individual; ENRIQUE RODRIGUEZ, an )
individual; ESTEBAN RODRIGUEZ, an ) 5 individual; FREDRICK RODRIGUEZ, an ) 6 individual; HELEN RODRIGUEZ, an )
individual; JAVIER RODRIGUEZ, an ) 7 individual; JENNY RODRIGUEZ, an ) 8 individual; JOHN RODRIGUEZ, an )
individual; JOSE RODRIGUEZ, an ) 9 individual; LORENA RODRIGUEZ, an )
10 individual; MARCELO RODRIGUEZ, an ) individual; MARIA RODRIGUEZ, an )
II individual; MARIA RODRIGUEZ, an ) 12 individual; MARY RODRIGUEZ, an )
individual; NATALIA RODRIGUEZ, an ) 13 individual; NATALIA RODRIGUEZ, as ) 14 survivor of DANIEL RODRIGUEZ; PETE )
RODRIGUEZ, an individual; RICHARD ) 15 RODRIGUEZ, an individual; SONIA )
RODRIGUEZ, an individual; SUSAN ) 16 RODRIGUEZ, an individual; LEO ROEDER,) 17 an individual; NICHOLAS ROEDER, an )
individual; ROSE ROEDER, an individual; ) 18 SEBASTIAN ROEDER, an individual; IRIS ) 19 ROMERO, an individual; REYNALDO )
ROMERO, an individual; HELEN ) 20 ROMERO-SANTOS, an individual; ) 21 CAROLINA RON, an individual; VANESSA)
RON, an individual; BROOKL YNN ) 22 ROSALES, an individual; DAMIAN ) 23 ROSALES, an individual; JACOB )
ROSALES, a minor by and through his ) 24 Guardian Ad Litem NANCY OSBORNE; ) 25 JOEY ROSALES, an individual; REGINALD)
ROSALES, an individual; RICHARD ) 26 ROSALES, an individual; RILEY ROSALES,)
a minor by and through his Guardian Ad ) 27 Litem CASARA SANTANA; RITA ) 28 ROSALES, an individual; KIMBERLY )
ROSE, an individual; ROSE ROTOR, an )
37
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 individual; DAVID RUVALCABA, an ) individual; FRANCISCO RUVALCABA, an )
2 individual; GINA RUVALCABA, an )
3 individual; JOSE RUVALCABA JR., an ) individual; RACQUEL RUVALCABA, an )
4 individual; ROBERT RUVALCABA, an )
5 individual; JOSE RUV ALCABA- SR., an ) individual; VALERIE RUVALCABA, an )
6 individual; CECIL Y SAAVEDRA, an )
7 individual; DEMRYN SAAVEDRA, a minor ) by and through his Guardian Ad Litem )
8 EDWARD SAAVEDRA; EDWARD ) SAAVEDRA, an individual; MIKA YLA )
9 SAAVEDRA, a minor by and through her )
10 Guardian Ad Litem EDWARD SAAVEDRA; ) SESI SAAVEDRA, an individual; )
11 ZACHARY SAAVEDRA, a minor by and )
12 through his Guardian Ad Litem EDWARD ) SAAVEDRA; CHRIST A SAENZ, an )
13 individual; CARRIE SAFFELL, an )
14 individual; JACOB SAFFELL, a minor by ) and through his Guardian Ad Litem )
15 RAYMOND SAFFELL; LUKE SAFFELL, a )
16 minor by and through his Guardian Ad Litem ) RAYMOND SAFFELL; RAYMOND )
17 SAFFELL, an individual; STEPHANIE ) SALAS, an individual; JOSELITO )
18 SALAZAR, an individual; RUTH )
19 SALAZAR, an individual; EVELYN ) SALINAS, an individual; EDWARDO )
20 SALUD, an individual; JONATHAN )
21 SALUD, an individual; LEONIDA SALUD, ) an individual; LEONIDA SALUD, as )
22 survivor ofEVANGELINO SALUD; MARY )
23 SALUD, an individual; MATHEW SALUD, ) an individual; AURORA SAMSON, an )
24 individual; ELEAZAR SAMSON, an )
25 individual; EMMANUEL SAMSON, an ) individual; EMMA SAN ANTONIO, an )
26 individual; ARLENE SAN LUIS, an )
27 individual; DANIEL SAN PEDRO, an ) individual; ERIKA SAN PEDRO, an )
28 individual; MEGAN SAN PEDRO, a minor ) by and through her Guardian Ad Litem )
38
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 DANIEL SAN PEDRO; MANUEL ) SANCHEZ, an individual; SALLY)
2 SANCHEZ, an individual; SALLY) 3 SANCHEZ, as survivor of GILBERT )
SANCHEZ; DONALD SANDMAN, an ) 4 individual; LOU ANN SANDMAN, an )
individual; ANTHONY SANDOVAL, an ) 5 individual; RACHEL SANDOVAL, an ) 6 individual; ROBERT SANDOVAL, an )
individual; CASARA SANTANA, an ) 7 individual; REBECCA SANTILLAN, an ) 8 individual; BRYAN SANTOS, an individual; )
STEPHANIE SANTOS, an individual; ) 9 WINIFREDO SANTOS, an individual; )
10 MARIA SAPGOIAN, an individual; lADEN) SA VONE, a minor by and through her )
II Guardian Ad Litem CANDICE MARIE ) 12 GRIZZELL; GEORGE SAYRE-SMITH, an )
individual; GEORGE SAYRE-SMITH, as ) 13 survivor of HELEN SMITH; JOYCE )
SAYRE-SMITH, an individual; ) 14 FRANCESCA SCIORTINO, an individual; ) 15 PIERO SCIORTINO, an individual; )
ELIZABETH SCOTT, an individual; FELIPE) 16 SEDILLOS, an individual; VIDAL ) 17 SEDILLOS, an individual; MARIA SEELIG, )
an individual; RENEE SEELIG-MAGANA, ) 18 an individual; ANDRE SEGAUD, an ) 19 individual; BARBARA SEGAUD, an )
individual; FRANCIS SEGAUD, an ) 20 individual; THERESE SEGAUD, an ) 21 individual; BRIANNA SEPULVEDA, a )
minor by and through her Guardian Ad Litem ) 22 RAMON SEPULVEDA; RAMON ) 23 SEPUL VEDA- JR., a minor by and through )
his Guardian Ad Litem RAMON ) 24 SEPULVEDA; RAMON SEPULVEDA, an .)
individual; ROXANA SEPULVEDA, an ) 25 individual; XOCHIL T SEPULVEDA, an ) 26 individual; YUDITH SEPULVEDA, a minor )
by and through her Guardian Ad Litem ) 27 YUDITH GASTELUM; MARIA SERRANO,) 28 an individual; KARYN SETTLES, an )
individual; JOHN SEVER, an individual; )
39
PLAINTIFFS' FIRST AMENDED .COMPLAINT FOR DAMAGES
1 CHANMALIN SEWELL, an individual; ) LONNIE SHELL, a minor by and through her)
2 Guardian Ad Litem ALEXANDRA )
3 PERKINS; MARGARET SHOEMAKER, a ) minor by and through her Guardian Ad Litem )
4 JANINE MALLANO; AMAN SHOOR, an )
5 individual; JASMINE SILVA, an individual; ) JEREMY SILVA, an individual; )
6 JONATHAN SILVA, an individual; JOSHUA) SILVA, an individual; BRAD SIMONS, an )
7 individual; CHEYENNE SIMONS, a minor )
8 by and through her Guardian Ad Litem ) CHRISTOPHER SIMONS; CHRISTOPHER )
9 SIMONS, an individual; CONSTANCE )
10 SIMONS, an individual; ROBERT SIMONS, ) an individual; KEVERL Y SMILEY, an )
11 individual; FREDA SMITH, an individual; )
12 ORINIO SMITH, an individual; MILA ) SORIA, an individual; PATRICIA )
13 SP ALETA, an individual; KARL )
14 STEIN GROBE, an individual; CHADRA )
I STEWARD, an individual; ERICK ) ~ -I 15 STEWARD, a minor by and through his ) "
16 Guardian Ad Litem ERICK STEWARD; ) ERICK STEWARD, an individual; ERRIN )
17 STEWARD, a minor by and through her ) Guardian Ad Litem ERICK STEWARD; )
18 THERESA STONE, an individual; )
19 KIMBERLY STOUDT, an individual; ) NICHOLAS STOUDT, an individual; )
20 PATRICK STOUDT, an individual; )
21 THOMAS STOUDT, an individual; AARON) SUAREZ, an individual; ADRIANA )
22 SUAREZ, a minor by and through her )
23 Guardian Ad Litem LUGARDA SUAREZ; ) ALFRED SUAREZ, an individual; )
24 ANGELICA SUAREZ, an individual; )
25 CELINA SUAREZ, a minor by and through ) her Guardian Ad Litem LUGARDA )
26 SUAREZ; JESUS SUAREZ, an individual; )
27 JOSE SUAREZ, a minor by and through his ) Guardian Ad Litem LUGARDA SUAREZ; )
28 JESUS SUAREZ- JR., a minor by and ) through his Guardian Ad Litem LUGARDA )
40
PLAINTIFFS' FrnST AMENDED COMPLAINT FOR DAMAGES
I SUAREZ; LUGARDA SUAREZ, an ) individual; MARIBEL SUAREZ, an )
2 individual; VERONICA SUAREZ, an ) 3 individual; VIRGINIA SUAREZ, an )
individual; YESENIA SUAREZ, a minor by ) 4 and through her Guardian Ad Litem )
LUGARDA SUAREZ; SHEILA SULU, an ) 5 individual; SHEILA SULU, as survivor of ) 6 FEMUSUAI TUPUA; SHEILA SULU, as )
survivor of WALLACE TUPUA; AARON ) 7 SWAIN, a minor by and through his Guardian) 8 Ad Litem SHEILA SWAIN; BRIAN SWAIN,)
an individual; JOSHUA SWAIN, a minor by ) 9 and through his Guardian Ad Litem SHEILA )
10 SWAIN; SHEILA SWAIN, an individual; ) KRISTY SY, an individual; DIANA )
11 SZYSZKO, an individual; FELIPE ) 12 TALAVERA, an individual; SANJUANA )
TALAVERA, an individual; FELIPE ) 13 TALAVERA-ZAMORA, a minor by and ) 14 through his Guardian Ad Litem SANJUANA )
TALAVERA; KELVIN TALA VERA- ) 15 ZAMORA, a minor by and through his )
Guardian Ad Litem SANJAUNA ) 16 TALAVERA; KIMBERLY TALAVERA- ) 17 ZAMORA, a minor by and through her )
Guardian Ad Litem SANJUANA ) 18 TALAVERA; APRIL TAN, an individual; ) 19 NOEL TAN, an individual; SID TAN, an )
individual; TERESITA TAN, an individual; ) 20 TERESITA TAN, as survivor of ) 21 PURIFICACION MERCADO; MELODY )
TANDOC, an individual; MIKAELA ) 22 T ANDOC, a minor by and through her ) 23 Guardian Ad Litem MELODY T ANDOC; )
ROY TANDOC, an individual; YOLANDA ) 24 TANDOC, an individual; LINDA TANNER, ) 25 an individual; ANNA TAPIA, an individual; )
JOSE TAPIA, an individual; CURTIS TATE, ) 26 an individual; JOHN TATTERSALL, an )
individual; REGINA T AYLOR, an ) 27 individual; REGINA TAYLOR, as survivor of) 28 CARLOS MURO; SHARLA TAYLOR, an )
individual; JOSHUA TEJANO, a minor by )
41
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
- -,
1 and through his Guardian Ad Litem ) PERCIVAL V. TEJANOJR.;PERCIVAL )
2 TEJANO JR., an individual; JULIAN ) TEJANO, a minor by and through his )
3 Guardian Ad Litem PERCIVAL TEJANO ) 4 JR.; MARIA CECILIA TEJANO, an )
individual; MATTHEW TERZIS, an ) 5 individual; GEORGE TESORO, an ) 6 individual; JULIE TESORO, an individual; )
JOANN TESTA, an individual; DENNIS ) 7 TIALA VEA, an individual; JA YDEN ) 8 TIALA YEA, a minor by and through her )
Guardian Ad Litem JESSICA A. YBARRA; ) 9 MARIA TIANGCO, an individual; )
10 MELANIE TIANGCO, an individual; ) THEODORE TIANGCO, an individual; )
11 ISABELITA TIANGO, an individual; ) 12 TEODORO TIANGO, an individual; LINA )
TIONGSON, an individual; EMILY ) 13 TORINO, an individual; ERVIN TORINO, an)
individual; ESTRELLA TORINO, an ) 14 individual; FAUSTINO TORINO, an ) 15 individual; ANDRES TORRES, an )
individual; ANTHONY TORRES, an ) 16 individual; CARMEN TORRES, an ) 17 individual; JESSE TORRES, an individual; )
JESSE TORRES, an individual; DA VlD ) 18 TORRES- JR., an individual; LORRAINE ) 19 TORRES, an individual; MARIA TORRES, )
an individual; MONIQUE TORRES, a minor ) 20 by and through her Guardian Ad Litem ) 21 LORRAINE TORRES; ROBERT TORRES, )
an individual; SANDRA TORRES, an ) 22 individual; SARAH TORRES, a minor by and) 23 through her Guardian Ad Litem RENEE )
NAVAL; DA VlD TORRES- SR., an ) 24 individual; ARMANDO TORREZ, an )
individual; BRYAN TORREZ, a minor by ) 25 and through his Guardian Ad Litem REGINA ) 26 TORREZ; CHRISTOPHER TORREZ, an )
individual; JAKE TORREZ, a minor by and ) 27 through his Guardian Ad Litem REGINA ) 28 TORREZ; REGINA TORREZ, an individual; )
ALICE TOWNSLEY, an individual; KAROL)
42
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 TRAN, a minor by and through her Guardian ) Ad Litem MlNI-I TRAN; MINH TRAN, au )
2 individual; TRACEY TRAN, an individual; ) AMANDA TRUJILLO, an individual; )
3 DEBBIE TRUJILLO, an individual; ) 4 EDWARD TRUJILLO, an individual; )
GENEVA TRUJILLO, an individual; ) 5 JACQUELINE TRUJILLO, an individual; ) 6 JENNIFER TRUJILLO, an individual; )
JOSHUA TRUJILLO, an individual; JULIE ) 7 TRUJILLO, a minor by and through her ) 8 Guardian Ad Litem RICHARD TRUJILLO; )
RICHARD TRUJILLO, an individual; ) 9 TERESA TRUJILLO, an individual; )
10 AMADO UMALI, an individual; ANDREA ) UMALI, an individual; CHRISTOPHER )
11 UMALI, an individual; RANDY UMALI, an ) 12 individual; CHRISTINA UMPHLETT, an )
individual; THOMAS UMPHLETT, an ) 13 individual; ADOLFO VALDES, an ) 14 individual; ALEXA VALDES, a minor by and)
through her Guardian Ad Litem ADOLFO ) 15 VALDES; CRYSTAL VALDES, an )
individual; DEBORA VALDES, an ) 16 individual; ISIS VALDES, a minor by and ) 17 through her Guardian Ad Litem ADOLFO )
VALDES; YLDEFONSO VALDES, an ) 18 individual; ERIKA VALDEZ, an individual; ) 19 GILBERT VALDEZ, an individual; IRMA )
VALDEZ, an individual; LETICIA VALDEZ,) 20 an individual; MELISSA VALDEZ, an ) 21 individual; MICHELLE VALDEZ, an )
individual; SHARLEENA VALDEZ, an ) 22 individual; ALFREDO VALDIVIA, an ) 23 individual; JUANITA VARELA, an )
individual; LANETTE VARELA, an ) 24 individual; P AUL VARELA, an individual;. )
HEATHER VARGAS, an individual; ) 25 ARASELI V ARGES, an individual; ARIANA) 26 V ARGES, a minor by and through her )
Guardian Ad Litem ARASELI V ARGES; ) 27 GABRIELA V ARGES, a minor by and ) 28 through her Guardian Ad Litem ARASELI )
V ARGES; MIKE V ARGES, an individual; )
43
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 GILBERTO VASQUEZ, an individual; ) YVETTE VELARDE, an individual; )
2 JOSEPHINE VELASCO, an individual; ) 3 GEORGINA VELASQUEZ, an individual; )
ADOLFO VELAZCO, an individual; ) 4 BERTHA VELAZCO, an individual; )
CARINA VELAZCO, an individual; ) 5 EMMANUEL VELAZCO, an individual; ) 6 FERNANDO VELAZCO, an individual; )
MANUEL VELAZCO, an individual; ) 7 VICTOR VELAZCO, an individual; ) 8 ARACELI VELAZQUEZ, an individual; )
CRYSTAL VELAZQUEZ, an individual; ) 9 ELIZABETH VELAZQUEZ, an individual; )
10 VICENTE VELAZQUEZ III, an individual; ) JEFFREY VELAZQUEZ, a minor by and )
11 through his Guardian Ad Litem TRINIDAD ) 12 VELAZQUEZ; VICENTE VELAZQUEZ- )
JR.-DIAZ, an individual; TRINIDAD ) 13 VELAZQUEZ, an individual; WYATT )
VELAZQUEZ, an individual; REANNA ) 14 VIGIL, an individual; SUSAN VIGIL, an ) 15 individual; TRINA VIGIL, an individual; )
AMANDA VILLA, an individual; PEDRO ) 16 VILLA, an individual; ERNIE VILLARI CO, ) 17 an individual; YVONNE VILLARICO- )
FIERRO, an individual; DESIREE ) 18 VILLARREAL, a minor by and through her ) 19 Guardian Ad Litem JESSICA )
VILLARREAL; DESTINY VILLARREAL, a) 20 minor by and through her Guardian Ad Litem ) 21 JESSICA VILLARREAL; JESSICA )
VILLARREAL, an individual; OSCAR ) 22 VILLARREAL JR., a minor by and through ) 23 his Guardian Ad Litem JESSICA )
VILLARREAL; OSCAR VILLARREAL, an ) 24 individual; CESAR VILLA VICENCIO, an )
individual; DAVID VILLA VICENCIO, an ) 25 individual; GRACIELA VILLAVICENCIO, ) 26 an individual; CESAR VILLAVICENCIO III,)
an individual; JOSE VILLAVICENCIO, an ) 27 individual; CESAR VILLAVICENCIO JR., ) 28 an individual; ARIANNE VILLEGAS, an )
individual; CHRISTINA VILLEGAS, an )
44
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 individual; MARTY VILLEGAS, an ) individual; ROBERT VILLEGAS, an )
. 2 individual; SERENE VILLEGAS, an ) 3 individual; FELISA VINLUAN, an )
individual; LORENZO VINLUAN III, an ) 4 individual; LORENZO VINLUAN IV, a )
minor by and through his Guardian Ad Litem ) 5 LORENZO VINLUAN III; RAMONA VITA,) 6 an individual; RUDY VIVEROS, an )
individual; TRAVIS WABSCHALL, an ) 7 individual; RAQUEL WAIGHT-SMITH, an ) 8 individual; LILLY WALTERS, an individual; )
MYRNA WARD, an individual; HISHASHI ) 9 WATANABE, an individual; KATSUKO )
10 WATANABE, an individual; CHRISTINA ) WATTS, an individual; DELMAS WATTS, )
II an individual; WANDA WEIMER, an ) 12 individual; DARLENE WELLS, an )
individual; DOUGLAS WELLS, an ) 13 individual; GREGORY WILLIAMS, an ) 14 individual; JOSHUA WILLIAMS, a minor by)
and through his Guardian Ad Litem ) 15 GREGORY WILLIAMS; SANDRA )
WILLIAMS, an individual; BOBBIE ) 16 WILSON, an individual; NORMAN ) 17 WILSON JR., an individual; JIMETTE )
WINGERT, an individual; KATHLEEN ) 18 WINGERT, an individual; KATHLEEN H. ) 19 WINGERT, an individual; ROGER )
WINGERT, an individual; THOMAS ) 20 WINGERT, an individual; LENNART ) 21 WIRGART, an individual; LOurS )
WOOLDRIDGE, an individual; MAIA ) 22 WOOLDRIDGE, a minor by and through her ) 23 Guardian Ad Litem LOUIS WOOLDRIDGE; )
MATTHEW WOOLDRIDGE, a minor by and) 24 through his Guardian Ad Litem LOurS )
WOOLDRIDGE; RICHARD YAP, an ) 25 individual; CLAUDIO YBARRA, an ) 26 individual; JESSICA YBARRA, an )
individual; JONATHAN YBARRA, a minor ) 27 by and through his Guardian Ad Litem ) 28 JESSICA A. YBARRA; PATSY YBARRA, )
an individual; ALDEN YI, an individual; )
45
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 EDWIN YI, an individual; KYUNG YI, an ) individual; SANG YI, an individual; )
2 SAVANNAH YINGER, a minor by and )
3 through her Guardian Ad Litem CORRlNA ) MATAALII; GILBERT YNIGUEZ, an )
4 individual; RAYMOND YNIGUEZ, an )
5 individual; ANITA YRACHETA, an ) individual; DANIEL YRACHET A, an )
6 individual; DANIELLE YRACHETA,.a )
7 minor by and through her Guardian Ad Litem ) ANITA YRACHETA; MATTHEW )
8 YRACHETA, a minor by and through his ) Guardian Ad Litem ANITA YRACHETA; )
9 PEDRO ZACARIAS III, an individual; )
10 LEOPOLDO ZAMORA, an individual; ) LYDIA ZAMORA, an individual; )
11 SALVADOR A. ZAMORA, an individual; )
12 SAL V ADOR H. ZAMORA, an individual; ) JOSEPH ZATARAIN-MADRID, an )
13 individual; ATHENA ZATARAIN- )
14 MADRID, an individual; )
Plaintiffs, ) IS v. )
16 Sf-IELL OIL COMPANY, doing business as ) SHELL OIL PRODUCTS US, a Dclaware )
17 Limited Liability Company, OCEANIC )
18 PROPERTIES INC, a Hawaii Corporation; ) BARCLAY HOLLANDER )
19 CORPORATION, a California Corporation; ) CASTLE & COOKE CALIFORNIA, INC. a )
20 California Corporation; CASTLE & COOKE,)
21 INC. a Hawaii Corporation, DOLE FOOD ) COMPANY, INC. a Delaware Corporation, )
22 COMSTOCK, CROSSER & ASSOCIATES )
23 DEVELOPMENT COMPANY, INC., a ) California Corporation, and Does I through )
24 1000, inclusive, )
25 )
Defendants. ) 26 )
27 AND ALL RELATED MATTERS ) )
28
46
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
:'
I
I COMES NOW, PLAINTIFFS, who allege causes of action, based on infonnation and
2 belief, against Defendants, and each of them, as follows:
3
4 1.
INTRODUCTION
PLAINTIFFS are infonned and believe and thereon allege that the toxic and ultra-
5 hazardous properties of benzene, methane, benzo(a)pyrene and naphthalene have been well
6 documented and well known for over a century. In fact, the first reports of fatal blood disorders
7 caused by benzene exposure appeared in scientific literature as early as the 1890s.
8 2. As early as 1948, the American Petroleum Institute ("API") published the guideline
9 that the only absolutely safe level of exposure to benzene was 0%.
10 3. Epidemiological studies and evidence during the 1970's confirmed that exposure to
11 benzene was a cause of acute myelogenous leukemia.
12 4. "Crude Oil Tank Bottoms" are comprised of water and suspended solids that settle
13 out of crude oil and collect at the bottom of crude oil storagc tanks before the crude oil reaches the
·14 refinery. Crude Oil Tank Bottoms tank bottoms are a discarded and contaminated waste product
15 not subject to the refining process and not used to produce any useful product. One of the
16 contaminants present in Crude Oil Tank Bottoms is benzene. Crude Oil Tank Bottoms constitute
17 discarded waste, rather than petroleum, crude oil, or any fraction thereof.
18 5. PLAINTIFFS are infonned and believe and thereon allege that the SHELL OIL
19 COMPANY, doing business as SHELL OIL PRODUCTS US, a Delaware Limited Liability
20 Company, (hereinafter referred to as "SHELL") purchased land known as the "Kast Property" in
21 or around 1922 in a tract of land located in what is now within the City of Carson between
22 Panama Street to the east, Marbella Street to the west, Lomita Street to the south and 244th Street
23 to the north. (hereinafter referred to as the "SITE".)
24 6. PLAINTIFFS are infonned and believe and thereon allege that SHELL owned a
25 facility on the SITE that was connected to the nearby Shell Oil refinery. Toxic chemicals were
26 used, stored and dispersed all over the SITE from approximately 1922 until in or around 1967.
27 These chemicals have migrated off the SITE and continue to pollute the SITE and surrounding
28 areas.
47
PLAINTIFFS' FIRST AMENDEr> COMPLAINT FOR DAMAGES
I 7. PLAINTIFFS are informed and believe and thereon allege that this facility also
2 housed three tanks and drainage fields.
3 8. PLAINTIFFS are informed and believe and thereon allege that on or around the
4 1920's, SHELL purchased the entire SITE, including all subsurface rights, from a former German
5 settlement known as the Kast site. (Hereinafter also at times referred to as the "KAST SITE".)
6 9. PLAINTIFFS are informed and believe and thereon allege that the process by which
7 SHELL conducted operations at the KAST SITE has the effect of releasing and emitting those
8 toxic chemicals and hazardous substances, including but not limited to benzene, methane,
9 benzo(a)pyrene (known human carcinogens), and naphthalene into the, ground, air and
10 surrounding environment.
11 10. PLAINTIFFS are informed and believe and thereon allege that on or around thc mid
12 1960's, SHELL transferred aa portion of the KAST SITE to property developers including
13 Defendant BARCLAY HOLLANDER CORPORATION also doing business at the time as
14 "Barelay Hollander Curci, Inc." (Hereinafter referred to as "BARCLAY".) SHELL retained sub
IS surface rights 500 feet undergraound along with certain easments in or around the original KAST
16 SITE.
17 II. PLAINTIFFS are informed and believe and thereon allege that BARCLAY
18 proceeded to develop a housing tract that came to be known as the "Carson Carousel Tract"
19 whereupon approximately 285 homes were built. (Hereinafter referred to as "CAROUSEL
20 HOUSING TRACT".)
21 12. PLAINTIFFS are informed and believe and thereon allege that Defendant
22 OCEANIC PROPERTIES INC (Hereinafter referred to as "OCEANIC"), a subsidiary of
23 Defendants CASTLE & COOKE CALIFORNIA, INC. and CASTLE & COOKE CALIFORNIA,
24 INC. (Hereinafter referred to as "C&C CA" and "C&C", respectfully, or collectively as the
25 "CASTLE & COOKE DEFENDANTS"), acquired and assumed BARCLAY in or around 1969.
26 13. PLAINTIFFS are informed and believe and thereon allege that Defendant DOLE
27 FOOD COMPANY, INC. ("DOLE") purchased Defendants OCEANIC, C&C CA, C&C and
28 BARCLAY.
48
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
I 14. PLAINTIFFS are informed and believe and thereon allege that during the summer
2 of 2009, SHELL discovered extensive contamination by various toxic chemicals, including but
3 not limited to benzene, methane, benzo(a)pyrene and naphthalene and oil tank bottom wastein and
4 around the CAROUSEL HOUSING TRACT.
5 15. PLAINTIFFS are informed and believe and thereon allege that all DEFENDANTS
6 had been aware for many years that the CAROUSEL HOUSING TRACT was built upon the
7 aforementioned tanks.
8 16. Benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste were
9 transferred into the surrounding neighborhood where they are inhaled, ingested, or otherwise
10 contacted by people living and working in the community, including PLAINTIFFS.
11 17. Air, land and groundwater contaminated by DEFENDANTS' activities at the KAST
12 SITE have migrated for years, and continue to spread to surrounding neighborhoods, at levels in
13 excess of California regulatory limits.
14 18. Over 1000 people reside in or around the CAROUSEL HOUSING TRACT that is
IS affected and contaminated by DEFENDANTS' emissions of benzene, methane, benzo(a)pyrene,
16 naphthalene and oil tank bottom waste.
17 19. Hundreds of people living, working or otherwise present in the area surrounding the
18 KAST SITE and the have been exposed to, inhaled or otherwise ingested and/or contacted
19 benzene, methane, benzo(a)pyrene and naphthalene emitted from the KAST SITE, which has
20 caused them personal injury and will continue to cause them increased risk of personal injury in
21 the future. (See Table "1" below.)
22 \\\
23 \\\
24 \\\
25 \\\
26 \\\
27 \\\
28 \\\
49
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
i :1 'I .1
,
.1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
o >10)(CHHSL
ill
• • • ,. 100 ~CHHSl
,. Loon x CHHSL
I I II
I "
24 Table "/ " -Depicting the Tank Farm, Benzene Concentration witlt overlay of the CAROUSEL
25 HOUSING TRACT
26 20. Moreover, as a result of DEFENDANTS' improper use and maintenance of the
27 KAST SITE and DEFENDANTS' deliberate and intentional release, disposal and/or emission of
28 benzene, methane, benzo(a)pyrene and naphthalene on and around the KAST SITE, these
50
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I chemicals have migrated and continue to migrate into the surrounding neighborhoods and onto
2 properties owned, occupied and controlled by residents of the surrounding communities, and
3 causing such properties to be contaminated and damaged.
4 JURISDICTION AND VENUE
5 21. This Court has jurisdiction over the DEFENDANTS named herein because such
6 DEFENDANTS operated and controlled the KAST SITE within the Cities of Carson and Los
7 Angeles and within the County of Los Angeles, California.
8 22. Venue is proper in this Court pursuant to §§ 392 and 393 of the California Code of
9 Civil Procedure as incidents giving rise to this actiou occurred in the County of Los Angeles,
10 State of California.
11 THE PLAINTIFFS
12 23. Approximately 1750 PLAINTIFFS are currently represented by the law firm of
13 Girardi I Keese, and four PLAINTIFFS are represented by Chisvin & Associates. The names,
14 addresses, date and manner of discovery of the contamination for each individual PLAINTIFF are
15 attached hereto as Appendix "1".
16 Carousel Housing Tract
17 24. The following PLAINTIFFS live within the housing tract on the KAST SITE that
18 came to be known as the "Carson Carousel" whereupon approximately 275 homes wcre built.
19 (hereinafter referred to as the "CAROUSEL HOUSING TRACT".): ADELINO ACOSTA, an
.i 20 individual; ESTRELlTA ACOSTA, an individual; WILHELMINA ACOSTA, an individual;
21 KIRON ADAMS, a minor by and through his Guardian Ad Litem TONYA V RANDLE;
22 CARLOS AGUERO, an individual; PATRICIA AGUERO, an individual; ANTHONY
23 AGUILAR, an individual; JACKIE ALARCON, an individual; RICHARD ALARCON, an
24 individual; SHELBY ALARCON, a minor by and through her Guardian Ad Litem RICHARD
25 ALARCON; GARY ALEXANDER, an individual; ARMANDO ALVARADO, an individual;
26 AURORA ALVARADO, an individual; CARMEN ALVARADO, an individual;
27 CHRISTOPHER ALVARADO, an individual; KADEN ALVARADO, a minor by and through
28 his Guardian Ad Litem GINGER ALVARADO; KA YLIN ALVARADO, a minor by and through
51
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 her Guardian Ad Litem GINGER ALVARADO; KRYSTAL ALVARADO, an individual;
2 RIGOBERTO ALVARADO, an individual; FREDERICO ALVARADO SR., an individual;
3 ALLEN ALVAREZ, a minor by and through his Guardian Ad Litem FRANCISCO JAVIER
4 ALVAREZ III; ANDREA ALVAREZ, a minor by and through her Guardian Ad Litem
5 FRANCISCO JAVIER ALVAREZ III; ANDREW ALVAREZ, an individual; FRANCISCO
6 ALVAREZ III, an individual; FRANCISCO AL V AREZ- JR., an individual; KA TIIERlNE
7 ALVAREZ, an individual; TERESA ALVAREZ, an individual; RICHARD AMESQUA, an
8 individual; TERESA ANCI-IET A, an individual; CHATELAINE ANSALDI, a minor by and
9 through her Guardian Ad Litem CRYSTAL VALDES; ALFRED ARNADO, an individual;
10 ANGELINA ARNADO, an individual; EDMUND ARNADO, an individual; ANNA
11 ARQUETTE, an individual; BRIANNA ARQUETTE, a minor by and through her Guardian Ad
12 Litem DEBBIE ARQUETTE; DEBBIE ARQUETTE, an individual; FRANK ARQUETTE, an
13 individual; ADRIAN ARREDONDO, a minor by and through his Guardian Ad Litem SERGIO
14 ARREDONDO; ALEJANDRA ARREDONDO, an individual; SERGIO ARREDONDO, an
15 individual; VINCENT ARREDONDO, a minor by and through his Guardian Ad Litem SERGIO
16 ARREDONDO; MALETA ATUATASI, an individual; NELIA AVILA, an individual; REMATO
17 AVILA, an individual; LINDA AYERS, an individual; STEPHEN AYERS, an individual; VICKI
18 AYERS, an individual; HANS BAEMAYR, an individual; LETICIA BAEMAYR, an individual;
19 ELIAS BARBOZA, an individual; JEAN BARNETT, an individual; ANA BARTOLOME, an
20 individual; BRITNY BASON, an individual; ROBERT BASON JR., an individual; TONY
21 BASON, an individual; BIANCA BAUTISTA, a minor by and through her Guardian Ad Litem
22 SANDRA MARTINEZ; CHRISTOPHER BAUTISTA, an individual; DAVID BAUTISTA, an
23 individual; JAIME BAUTISTA, an individual; MARlL YN BAUTISTA, a minor by and through
24 her Guardian Ad Litem SANDRA MARTINEZ; VICTOR BAUTISTA, an individual; DAVID
25 BERG, an individual; JANELL BERG, an individual; GINGER BERTULANO ALVARADO, an
26 individual; ANDREA BOLLINGER, an individual; CARMEN BOLLINGER, an individual;
27 NICOLE BOLLINGER, an individual; PAUL BOLLINGER, an individual; VICENTE
28 BONDOC, an individual; CYNTHIA BONILLA, an individual; JASMINE BONILLA, a minor
52
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 by and through her Guardian Ad Litem CYNTHIA BONILLA; NICKOLAS BONILLA JR. , a
2 minor by and through his Guardian Ad Litem CYNTHIA BONILLA; NICKOLAS BONILLA, an
3 individual; PRISCILLA BONILLA, a minor by and through her Guardian Ad Litem CYNTHIA
4 BONILLA; ADRENAL YN BO-UMALI, a minor by and through her Guardian Ad Litem
5 CHRISTOPHER UMALI; ASENATH BROMLEY, an individual; VINCENT BUNDALIAN, an
6 individual; JUSTIN EDWARD BUNDY, an individual; DIEDRE BURKE, an individual;
7 JUSTIN BURRIS, a minor by and through his Guardian Ad Litem VIVIAN MAGGIO; MARTA
8 CABELLO, an individual; BLANCA CABRERA, an individual; BRENDA CABRERA, an
9 individual; JUAN CABRERA, an individual; DONNIE CAMAGONG, an individual; IRENE
10 CAMAGONG, an individual; BLANCHE CAMPBELL, an individual; RUSSELL CAMPBELL,
11 an individual; MATTHEW CARRERA, a minor by and through his Guardian Ad Litem BESSIE
12 IRENE LOPEZ; REFUGIO CASTORENA, an individual; SANTA CASTORENA, an individual;
13 RAUL CASTRUITA, an individual; WILEEN CATOERA, an individual; BLANCA
14 CERVANTES, an individual; YOLANDA CERVANTES RAMIREZ, an individual; JOSE
15 CHAIREZ, a minor by and through his Guardian Ad Litem ROSVEL CHAIREZ; ROSE MARIE
16 CHAIREZ, an individual; ROSVEL CHAIREZ, a minor by and through his Guardian Ad Litem
17 ROSVEL CHAIREZ; ROSVEL CHAIREZ, an individual; MATTHEW CHA V ARRlA, a minor
18 by and through his Guardian Ad Litem ANDREA GOMES; DAISY CHAVEZ, a minor by and
19 through her Guardian Ad Litem JOSE CHAVEZ; DAMIAN CHAVEZ, a minor by and through
20 his Guardian Ad Litem DAVID CHAVEZ SR.; DAVID CHAVEZ, an individual; DESTINY
21 CHAVEZ, a minor by and through her Guardian Ad Litem DAVID CHAVEZ SR.; I-IERLINDA
22 CHAVEZ, an individual; JACOB CHAVEZ, a minor by and through his Guardian Ad Litem
23 JENIVIEVE RAMIREZ; JOSE CHAVEZ, an individual; DAVID CHA VEZ- JR., a minor by and
24 through his Guardian Ad Litem DAVID CRA VEZ SR.; MELISSA CHAVEZ, a minor by and
25 through her .Guardian Ad Litem JOSE CRA VEZ; FRANK CIENFUEGOS, an individual;
26 JOSEIAH CIENFUEGOS, a minor by and through his Guardian Ad Litem FRANK
27 CIENFUEGOS; KIANA CIENFUEGOS, a minor by and through her Guardian Ad Litem
28 FRANK M CIENFUEGOS; SONIA CIENFUEGOS, an individual; TATIANA CIENFUEGOS, a
53
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 minor by and through her Guardian Ad Litem FRANK CIENFUEGOS; JERI COLLINS, an
2 individual; JORDAN COLLINS, an individual; MADISON COLLINS, a minor by and through
3 her Guardian Ad Litem JERI COLLINS; TOMI COLLINS, an individual; ANA CORTEZ, an
4 individual; JOSE CORTEZ, an individual; JOSE CORTEZ JR., an individual; KIMBERLY
5 CORTEZ, a minor by and through her Guardian Ad Litem ANA 1. CORTEZ; MARIA CORTEZ,
6 a minor by and through her Guardian Ad Litem ANA 1 CORTEZ; ANTHONY COUNTS, a minor
7 by and through his Guardian Ad Litem ARASELI VARGAS; LETICIA COUNTS, an individual;
8 DANIEL COVARRUBIAS, an individual; ROSA COVARRUBIAS, an individual; ALBERT
9 CUARESMA, an individual; JOHN CUARESMA, an individual; MICHAEL CUARESMA, an
10 individual; UBALDA CUARESMA, an individual; KAMAU DAVIS, an individual; SOLINA
11 DAVIS, an individual; ALFREDO DE LA CRUZ, an individual; ALFREDO DE LA CRUZ JR.,
12 a minor by and through his Guardian Ad Litem MARlA DE LA CRUZ; LUCY DE LA CRUZ, an
13 individual; MARIA DE LA CRUZ, an individual; ADRIAN DE LA TORRE, a minor by and
14 through his Guardian Ad Litem SILVIA DE LA TORRE; ALVARO DE LA TORRE, an
IS individual; ERIC DE LA TORRE, an individual; ALVARO DE LA TORRE- JR., an individual;
16 SILVIA DE LA TORRE, an individual; EVA DE MACIAS, an individual; ANDRES DEHARO,
17 an individual; CITLAL Y DEHARO, an individual; MARTHA DEHARO, an individual; RANDU
18 DEHARO, an individual; WILLIAM DEHART- JR., an individual; JANELLE DELFIN, a minor
19 by and through her Guardian Ad Litem THELMA DELFIN; JOEL DELFIN, an individual;
20 MICHAEL DELFIN, an individual; MIGUELITO DELFIN, an individual; THELMA DELFIN,
21 an individual; DEBORAH DEMING, an individual; ARLENE DESEO, an individual; JANELLE-
22 REGINA DESEO, a minor by and through her Guardian Ad Litem ARLENE DESEO;
23 REGINALD-JOJO DESEO- JR, a minor by and through his Guardian Ad Litem ARLENE
24 DESEO; ELVIRA DEWITT, an individual; LOUIE DIAZ, an individual; MICHELLE DIAZ, an
25 individual; CONSUELO DUARTE, an individual; EDWARD DUTCH, an individual; MIGUEL
26 ECHEVARRIA, an individual; OMAR ECHEVARRIA, an individual; CAROL EDNEY, an
27 individual; MAURICE EDNEY- JR., an individual; DONALD EGGERS, an individual; MARY
28 EGGERS, an individual; PABLO ESPANOLA, an individual; VICTORIA ESPINOZA, a minor
54
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 by and through her Guardian Ad Litem RENEE CATHLEEN NAVAL; STEVEN ESTRADA, an
2 individual; EVERITA EVARISTO, an individual; JOSE- JR. EVARISTO, an individual; RICK
3 FAIR, an individual; ISAIAH FALO, an individual; FUATA FALO- JR., an individual; MANYA
4 FALO, an individual; ESTHER FARFAN, an individual; ADELA FARIN, an individual;
5 REMIGO F ARIN- JR., an individual; REMIGIO F ARIN, an individual; RUTH FELDT, an
6 individual; JEFFREY FERGUSON, an individual; LIAM FERGUSON, a minor by and through
7 his Guardian Ad Litem SHANNON K PETROUSKI; CARMEN FERNANDEZ, an individual;
8 CHRISTINE FERNANDEZ, an individual; CHRISTOPHER FERNANDEZ, an individual;
9 FRANK FERNANDEZ, an individual; NELDA FERNANDEZ, an individual; RUTH
10 FERNANDEZ, an individual; BREEONNA FIAMENGO, a minor by and through her Guardian
II Ad Litem JOSEPH JOHN FIAMENGO; JOSEPH FIAMENGO, an individual; INEZ
12 FIGUEROA, an individual; RALPH FIMBRES, an individual; BEATRICE FOSTER, an
13 individual; PAMELA FOX, an individual; CHERI FROST, an individual; MILES FUALAU, a
14 minor by and through his Guardian Ad Litem SHEILA SULU; ISAIAH GALLEGOS, an
15 individual; JAZLENE GALVAN, a minor by and through her Guardian Ad Litem MELISSA
16 NAVARRO; ABEL GARCIA, an individual; BRANDlE GARCIA, an individual; CASSIE
17 GARCIA, an individual; DANIEL GARCIA, an individual; DENNIS GARCIA, an individual;
18 DANIEL GARCIA JR, a minor by and through his Guardian Ad Litem DANIEL A. GARCIA;
19 SYLVIA GARCIA, an individual; YUDITH GASTELUM, an individual; JAMES GATLIN II, an
20 individual; JAMIE GATLIN, an individual; JOHN GATLIN, an individual; SHIRLEY GATLIN,
21 an individual; JOSE GAYAP, an individual; MARIETA GAYAP, an individual; EMMA
22 GEORGE, an individual; TEICHNIQUE GEORGE, an individual; EDWARD GI, an individual;
23 P AFUTI GI PHINEAS, an individual; ALYSSA GOMES, a minor by and through her Guardian
24 Ad Litem DAVID GOMES; ANDREA GOMES, an individual; DAVID GOMES, an individual;
25 GREGORY GOMES, an individual; MICHAEL GOMES, an individual; TA WANA GOMES, an
26 individual; ANA GONZALES, an individual; MANUEL GONZALES, an individual; RIANNI
27 GONZALES, a minor by and through her Guardian Ad Litem CRYSTAL VALDES; JASMIN
28 GONZALEZ, a minor by and through her Guardian Ad Litem EDUARDO OCHOA- JR;
55
PLAINTIFFS' FlRST AMENDED COMPLAINT FOR DAMAGES
1 ARIANA GOVEA, a minor by and through her Guardian Ad Litem MARICELA MAGANA;
2 DEAN GROCE, an individual; MYRA GROCE, an individual; BRANDON GUERRERO, a
3 minor by and through his Guardian Ad Litem ANTONIA LUNA; GEORGE GUERRERO, an
4 individual; ARMANDO GUEVARA, an individual; CHRISTINA GUEVARA, a minor by and
5 through her Guardian Ad Litem CLAUDIA OLIVARES; F ABIAN GUEVARA, a minor by and
6 through his Guardian Ad Litem CLAUDIA OLIVARES; JOSEFINA GUEVARA, an individual;
7 ANTONIO GUEVARA JR., a minor by and through his Guardian Ad Litem CLAUDIA
8 OLIVARES; BREANNA GUTIERREZ, a minor by and through her Guardian Ad Litem
9 VERONICA GUTIERREZ; CHRISTOPHER GUTIERREZ, an individual; EMILIA
10 GUTIERREZ, an individual; IRMA GUTIERREZ, an individual; RICHARD GUTIERREZ, an
11 individual; RICHARD GUTIERREZ, an individual; VERONICA GUTIERREZ, an individual;
12 BISHOP GUZMAN, a minor by and through his Guardian Ad Litem GINA L GUZMAN;
13 CHRISTIAN GUZMAN, an individual; GINA GUZMAN, an individual; SHIRLEY
14 HAMILTON, an individual; NENITA HAO, an individual; CLIFFORD HEARN, an individual;
15 JOHN HEARN, an individual; MARSHA HEARN, an individual; ENRIQUE HERNANDEZ, an
16 individual; KELLY HODGE, an individual; VINCENT HODGE, an individual; IRENE
17 HUERTA, an individual; IRENE HUERTO, an individual; FLORO HUERTO SR., an individual;
18 SHARON HUGHES, an individual; AGATHA IBEKWE, an individual; AUGUSTINE IBEKWE,
19 an individual; KYLE ICHIKAWA, an individual; CHINYERE IFEACI-IO, an individual; JOHN
20 IFEACI-IO, an individual; ASHLEY INGRUM, a minor by and through her Guardian Ad Litem
21 LINDA G. GALLEGOS; JEFFREY INGRUM, an individual; JONATHAN ISIP, an individual;
22 JOSHUA ISIP, a minor by and through his Guardian Ad Litem WILEEN CATOERA; ALFREDO
23 IZMAJTOVICH, an individual; GRISELDA IZMAJTOVICI-I, an individual; MATILDE
24 IZMAJTOVICH, an individual; JOSE JIMENEZ, an individual; JOSE JIMENEZ, an individual;
25 KENDRA JIMENEZ, an individual; RAQUEL JIMENEZ, an individual; ANNA JOI-INSON, an
26 individual; DWIGHT KARR, an individual; IRENE KARR, an individual; REBECCA KARR, an
27 individual; BRIAN KEITH, an individual; CHARLES KEITH JR., an individual; LINDA
28 KEITH, an individual; CHRISTOPHER KOVAL-DIAZ, a minor by and through his Guardian Ad
56
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 Litem MICHELLE KOV AL-DIAZ; NICHOLAS KOV AL-DIAZ, a minor by and through his
2 Guardian Ad Litem MICHELLE KOVAL-DIAZ; DENNIS LAFORTEZA, an individual;
3 FLORDELIZ LAFORTEZA, an individual; PAMELA LAFORTEZA, an individual;
4 JOSEPHINE LANDINGIN, an individual; ALEJANDRO LARA, an individual; JOSE LARA, an
5 individual; GORDON LARRIER, an individual; DYLAN LARRIEU, an individual; GEDDY
6 LARRIEU, an individual; JAMES LAXA, an individual; CLARE LAXA-SALAZAR, an
7 individual; LILY LAZARO, an individual; CHRISTOPHER LIPSEY, an individual; CUINN
8 LIPSEY, a minor by and through his Guardian Ad Litem WANDA L. WEIMER; KENNA
9 LIPSEY, a minor by and through her Guardian Ad Litem WANDA L. WEIMER; JUAN
10 LLANES, an individual; VICTORIA LOFTHOUSE, an individual; ANTHONY LOMELI, an
11 individual; ERMELINDA LOMELI, an individual; HENRY LOMELI, an individual; MELINDA
12 LOMELI, an individual; KIEKO LOMIBAO, an individual; CHARLES LONG III, an individual;
13 CHARLES LONG JR., an individual; KEVIN LONG, an individual; PENNY LONG, an
14 individual; ALBERTO LOPEZ, an individual; ALMA LOPEZ, an individual; ANGEL LOPEZ, a
15 minor by and through his Guardian Ad Litem HECTOR LOPEZ; ARTURO LOPEZ, an
16 individual; ARTURO LOPEZ, an individual; BESSIE LOPEZ, an individual; BRIDGET LOPEZ,
17 an individual; BRITTANY LOPEZ, an individual; CATHERINE LOPEZ, an individual;
18 CATHERINE LOPEZ, an individual; CHRYSTINA LOPEZ, an individual; DAVID LOPEZ, an
19 individual; GLORIA LOPEZ, an individual; HECTOR LOPEZ, an individual; JOSE LOPEZ, an
20 individual; ALBERT LOPEZ JR., an individual; HECTOR LOPEZ JR., a minor by and through
21 his Guardian Ad Litem CATHERINE E. LOPEZ; MIGUEL LOPEZ JR., an individual;
22 MAGDALENA LOPEZ, an individual; MARISSA LOPEZ, a minor by and through her Guardian
23 Ad Litem CATHERINE LOPEZ; MAYRA LOPEZ, an individual; MICHELLE LOPEZ, an
24 individual; OFELIA LOPEZ, an individual; REYNALDO LOPEZ, a minor by and through his
25 Guardian Ad Litem CATHERINE E. LOPEZ; ROXANA LOPEZ, a minor by and through her
26 Guardian Ad Litem HECTOR LOPEZ; RUBEN LOPEZ, an individual; DYAN LOPEZ-
27 FIAMENGO, an individual; ABSALON LOPEZ-LA VALLE, an individual; LILLY LOPEZ-
28 LAVALLE, an individual; MARCELLA LOPEZ-LAVALLE, an individual; JESSE LOWREY,
57
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 an individual; ANTHONY LOZANO, an individual; ANTHONY LOZANO JR., a minor by and
2 through his Guardian Ad Litem MONICA LOZANO; MONICA LOZANO, an individual;
3 STEPHANIE LOZANO, a minor by and through her Guardian Ad Litem MONICA LOZANO;
4 DOLORES LUCERO, an individual; RICKY LUCERO, an individual; ROBERT LUCERO, an
5 individual; RUDY LUCERO, an individual; ALLAN LUHRS EN, an individual; ANDREW
6 LUHRSEN, an individual; ALLAN LUHRSEN JR., an individual; SUSAN LUHRSEN, an
7 individual; ANTONIA LUNA, an individual; LORENZA LUNA, an individual; NOE MACIAS
8 ARCE, an individual; JOSEPH MACIAS, an individual; MARIA MACIAS, an individual;
9 msus MACIAS-ZUNIGA, an individual; DA VlD MACLEOD, an individual; MALCOLM
10 MACLEOD, an individual; SHAARON MACLEOD, an individual; ANNA MADRID, an
II individual; LOUIS MADRID SR., an individual; SOCORRO MADRIGAL, an individual;
12 ESEQUIEL MAGALLON, an individual; KAREN MAGALLON, an individual; LORI
13 MAGALLON, an individual; ADAN MAGANA, an individual; ESTHER MAGANA, an
14 individual; HECTOR MAGANA, an individual; MAKA YLA MAGANA, a minor by and through
15 her Guardian Ad Litem BRENDA CABRERA; MARICELA MAGANA, an individual; MARIO
16 MAGANA, an individual; NATHAN MAGANA, a minor by and through his Guardian Ad Litem
17 MARIO MAGANA; BRANDON MAGGIO, a minor by and through his Guardian Ad Litem
18 VIVIAN MAGGIO; WILLIE MAGGIO JR., an individual; VIVIAN MAGGIO, an individual;
19 GABRIELLE MAGNO, an individual; GIAN-PAOLO MAGNO, a minor by and through his
20 Guardian Ad Litem Y ASMIN MAGNO ; GIL MAGNO, an individual; GILBERT
21 MAGNO, an individual; YASMIN MAGNO, an individual; ABDUL MALIK, an individual;
22 AMALIA MALUNDA, an individual; SEYMOUR MALUNDA, an individual; JOAN
23 MANANSALA, an individual; JOSHUA MANANSALA, an individual; JULIETO
24 MANANSALA, an individual; YOLANDA MANANSALA,. an individual; CARLOS j
25 MANCERA, an individual; CARSON MANCERA, a minor by and through his Guardian Ad
26 Litem MICHELLE MANCERA; DENIELLE MANCERA, a minor by and through her Guardian
27 Ad Litem MICHELLE MANCERA; MATTHEW MANCERA, a minor by and through his
28 Guardian Ad Litem MICHELLE MANCERA; MICHELLE MANCERA, an individual; AMBAR
58
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 MARIN, an individual; AURORA MARIN, an individual; FELIX MARIN, an individual; JOSE
2 MARIN, an individual; ALEJANDRO MARTINEZ, an individual; ALEX MARTINEZ, a minor
3 by and through his Guardian Ad LitemRAMONA MARTINEZ; ALEXANDRA MARTINEZ, a
4 minor by and through her Guardian Ad Litem RAMONA MARTINEZ; ALEXIS MARTINEZ, a
5 minor by and through her Guardian Ad Litem RAMONA MARTINEZ; ANTHONY
6 MARTINEZ, a minor by and through his Guardian Ad Litem RAMONA MARTINEZ;
7 CHARISSE MARTINEZ, an individual; CHRISTIAN MARTINEZ, an individual; CYNTHIA
8 MARTINEZ, a minor by and through her Guardian Ad Litem CYNTHIA BONILLA; FE
9 MARTINEZ, an individual; JESUS MARTINEZ, an individual; MANUEL MARTINEZ, an
10 individual; MARLON MARTINEZ, an individual; MARTIN MARTINEZ, an individual;
11 MARTIN MARTINEZ, a minor by and through his Guardian Ad Litem MARTIN M.
12 MARTINEZ; MAXIMILLIAN MARTINEZ, an individual; RAMONA MARTINEZ, an
13 individual; ROCKY MARTINEZ, a minor by and through his Guardian Ad Litem MARTIN M.
14 MARTINEZ; SANDRA MARTINEZ, an individual; STEPHANIE MARTINEZ, an individual;
15 TRINITY MARTINEZ, a minor by and through her Guardian Ad Litem KIMBERLY RAMIREZ;
16 CARMELITA MASCARDO, an individual; JOSEFINO MASCARDO, an individual;
17 ALLISTER MATHESON, an individual; ERNESTO MA YUGA, an individual; GLORIA
18 MAYUGA, an individual; BILLIE MCCARTY, an individual; WINFRED MCCARTY, an
19 individual; ANDREW MCGREGOR, an individual; MARGARET MCGREGOR, a minor by and
20 through her Guardian Ad Litem ANDREW MCGREGOR; OPAL MCKINNEY, an individual;
21 JOSE MENDEZ, an individual; JOSEPH MENDEZ, an individual; JUANITA MENDEZ, an
22 individual; JUNE MENDEZ, an individual; CARLOS MENDOZA JR., an individual; ROBBIE
23 MILLER-BASON, an individual; ALBERTO MIRAMONTES JR., an individual; LAURA
24 MIRAMONTES, an individual; VINCENT MIRAMONTES, a minor by and through his
25 Guardian Ad Litem LAURA MIRAMONTES; BRENDA MIRAMONTEZ, an individual;
26 CECILIA MIRAMONTEZ, an individual; LATOYA MIRAMONTEZ, an individual;
27 MIRWAISE MOHAMMAD, an individual; NO OR MOHAMMAD, an individual; OMAID
28 MOHAMMAD, a minor by and through his Guardian Ad Litem ZARY AND NOOR
59
PLAINTIFFS' FffiST AMENDED COMPLAINT FOR DAMAGES
1 MUHAMMAD; ZARY MOHAMMAD, an individual; DENISE MUSICK, an individual;
2 EDWARD NABAYAN , an individual; LEINEA NABAYAN, an individual; TADAHARU
3 NAKASUJI, an individual; CEASAR NA VA, an individual; VISION NA V A, a minor by and
4 through her Guardian Ad Litem YVETTE VELARDE; RENEE NA VAL, an individual;
5 ROSEMARY NAVAL, an individual; RUDY NAVAL, an individual; JASON NAV ALES, a
6 minor by and through his Guardian Ad Litem JILL PARAGO; EDUARDO NAVARRETTE, an
7 individual; EDWARD NAVARRETTE, a minor by and through his Guardian Ad Litem ROSA
8 M. NAVARRETTE; KATRINA NAVARRETTE, a minor by and through her Guardian Ad
9 Litem ROSA NAVARRETTE; ROSA NAVARRETTE, an individual; SONIA NAVARRETTE,
10 a minor by and through her Guardian Ad Litem ROSA M. NAVARRETTE; DEBORAH
11 NAVARRO, an individual; DEBRA NAVARRO, an individual; MELISSA NAVARRO, an
12 individual; RUDY NAVARRO, an individual; RUDY NAVARRO SR., an individual; JUANA
13 NEGRI, an individual; DOROTHY NELSON, an individual; MARIA NINO-CASTILLO, an
14 individual; ELIZABETH NORIEGA, an individual; JACKL YN NORIEGA, a minor by and
15 through her Guardian Ad Litem KATHLEEN D. NORIEGA; JAIME NORIEGA, an individual;
16 JAIME NORIEGA, an individual; RUBEN NORIEGA JR., an individual; KATHLEEN
17 NORIEGA, an individual; MARTIN NORIEGA, an individual; RUBEN NORIEGA, an
18 individual; ANN OBERLANDER, an individual; MARIA OCAMPO, an individual;
19 ALEJANDRO OCHOA, a minor by and through his Guardian Ad Litem EDUARDO OCHOA-
20 JR; DANIEL OCHOA, an individual; EDUARDO OCHOA, an individual; EDUARDO OCHOA
21 JR., an individual; KRISTY OCHOA, a minor by and through her Guardian Ad Litem LUZ
22 ELENA OCHOA; LUZ OCHOA, an individual; MARTHA OCHOA, an individual; RAFAEL
23 OCHOA, an individual; RAFAEL OCHOA, an individual; SIERRA OCHOA, a minor by and
24 through her Guardian Ad Litem EDUARDO OCHOA- JR; GRACE OGAWA, an individual;
25 RIKIYA OGAWA, an individual; JAMES OGDEN, an individual; SHARON OGDEN, an
26 individual; WILLIAM OGDEN, an individual; BELINDA OGLESBY, an individual; HALIE
27 OGLESBY, a minor by and through her Guardian Ad Litem BELINDA OGLESBY; JEFFREY
28 OGLESBY, an individual; KELSEY OGLESBY, a minor by and through her Guardian Ad Litem
60
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
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1 BELINDA OGLESBY; RONNIE OGLESBY, an individual; ANNA OKUMOTO, an individual;
2 CLAUDIA OLIVARES, an individual; JESSICA OLIVARES, a minor by and through her
3 Guardian Ad Litem CLAUDIA OLIVARES; JESUS OLIVARES, an individual; ARMSTRONG
4 ONWUBERE, an individual; DELORES ONWUBERE, an individual; BRYNNE ORLOSKI, an
5 individual; TAMARA ORLOSKI, an individual; CHRISTOPHER ORTEGA, a minor by and
6 through his Guardian Ad Litem REGINA R. TAYLOR; CLEMENCIA ORTEGA, an individual;
7 DAVID ORTEGA, an individual; MONIQUE ORTEGA, an individual; LETICIA ORTEGA-
8 BAEMA YR, an individual; MAX OSBORNE, an individual; NANCY OSBORNE, an individual;
9 ELIZABETH PACHECO, an individual; JAVIER PADILLA, an individual; NICOLASA
10 PADILLA, an individual; DARRELL PALICTE, an individual; HENRY PALICTE, an
11 individual; JUSTINA PALICTE, an individual; IMELDA PANTALEON, an individual;
12 PATRICK PANTALEON, an individual; PRAIRE PANTALEON, an individual; DULCE
13
14
15
16
17
18
P ARAGO, an individual; JADE P ARAGO, an individual; JILL PARAGO, an individual; JOHN
PARAGO, an individual; NATHANIEL PARAGO, an individual; JOHNNY PATTERSON- JR.,
a minor by and through his Guardian Ad Litem YVETTE VELARDE; CONRAD PENDILLA, an
individual; DANIEL PEREZ, an individual; GUADALUPE PEREZ, an individual; JOSE PEREZ,
an individual; MICHAEL PEREZ, an individual; ALICIA PERKINS, an individual; ALICIA
PERKINS, an individual; RICHARD PERKINS, an individual; SHANNON PETROUSKI, an
21
22
23
24
25
26
27
28
19 individual; WENDY PETROUSKI, an individual; JULIE PHINEAS, an individual;
20 MAGDALENE PHINEAS, an individual; DOMINIC PIAZZA, an individual; KRYSTLE
PIAZZA, an individual; LOURDES PIAZZA, an individual; STEPHANIE PIAZZA, an
individual; GlOVAN PILATO, an individual; KATHLEEN PONCE (NAVARRETE), an
individual; JAMES PONCE, an individual; BARBARA POST, an individual; KATHY POST, an
individual; STANLEY POST, an individual; MA. CHERRY POYAOAN, an individual;
ROLANDO POYAOAN, an individual; CARMEN PRIEST, an individual; MATTHEW PRIEST,
an individual; WILLIAM PRIEST, an individual; WILLIAM PRIEST, an individual; ANDREA
PYNN, an individual; BRANDY QUINONES, an individual; ALEJANDRO RAMIREZ, an
individual; BEATRIZ RAMIREZ, an individual; ENRIQUE RAMIREZ, a minor by and through
61
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I . his Guardian Ad Litem CHRISTOPHER GUTIERREZ; JEAN RAMIREZ, an individual;
2 JENNIVIEVE RAMIREZ, an individual; JESSICA RAMIREZ, an individual; JOSEPH
3 RAMIREZ, an individual; KIMBERLY RAMIREZ, an individual; MARIE RAMIREZ, an
4 individual; MIKE RAMIREZ, an individual; DAISY RAMOS, an individual; FA VIOLA
5 RAMOS, an individual; SALVADOR RAMOS JR., an individual; MA YRA RAMOS, an
6 individual; NATALIA RAMOS, a minor by and through her Guardian Ad Litem MAYRA
7 RAMOS; ROSA RAMOS, an individual; ROXANNA RAMOS, a minor by and through her
8 Guardian Ad Litem SALVADOR RAMOS; SAL V ADOR RAMOS, an individual; JOHN
9 RANDLE, an individual; JOHN RANDLE JR., an individual; TIONYA RANDLE, an individual;
\0 TONY A RANDLE, an individual; ALEX RA YA, an individual; JOSE RA YA, an individual;
11 TOMASA RAYA, an individual; MARIA RENDON, an individual; CHARITO REYES, an
12 individual; ARTURO RIOS, an individual; EVELIA RIOS, an individual; AARON RIVAS, a
13 minor by and through his Guardian Ad Litem SARA RIVAS; ERIN RIVAS, a minor by and
14 through her Guardian Ad Litem SARA RIVAS; JUANITA RIVAS, an individual; REYNALDO
15 RIVAS, an individual; SARA RIVAS, an individual; JAMES RIVERA, an individual; LYDIA
16 RIVERA, an individual; STEVEN RIVERA, an individual; CRYSTAL ROBLES, an individual;
17 ANABEL RODRIGUEZ, an individual; ARACELI RODRIGUEZ, an individual; CHRISTINA
18 RODRIGUEZ, an individual; DANIEL RODRIGUEZ, an individual; EMILIO RODRIGUEZ, a
19 minor by and through his Guardian Ad Litem JAVIER RODRIGUEZ; EMMA RODRIGUEZ, an
20 individual; JAVIER RODRIGUEZ, an individual; JENNY RODRIGUEZ, an individual; JOHN
21 RODRIGUEZ, an individual; JOSE RODRIGUEZ, an individual; LORENA RODRIGUEZ, an
22 individual; MARIA RODRIGUEZ, an individual; MARY RODRIGUEZ, an individual; PETE
23 RODRIGUEZ, an individual; RICHARD RODRIGUEZ, an individual; SONIA RODRIGUEZ, an
24 individual; REYNALDO ROMERO, an individual; HELEN ROMERO-SANTOS, an individual;
25 BROOKL YNN ROSALES, an individual; JACOB ROSALES, a minor by and through his
26 Guardian Ad Litem NANCY OSBORNE; JOEY ROSALES, an individual; RICHARD
27 ROSALES, an individual; RILEY ROSALES, a minor by and through his Guardian Ad Litem
28 CASARA SANTANA; FRANCISCO RUVALCABA, an individual; RACQUEL RUVALCABA,
62
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 an individual; ROBERT RUVALCABA, an individual; JOSELITO SALAZAR, an individual;
2 EVELYN SALINAS, an individual; EDWARDO SALUD, an individual; JONATHAN SALUD,
3 an individual; LEONIDA SALUD, an individual; MARY SALUD, an individual; MATHEW
4 SALUD, an individual; AURORA SAMSON, an individual; ELEAZAR SAMSON, an
5 individual; EMMANUEL SAMSON, an individual; DANIEL SAN PEDRO, an individual;
6 ERIKA SAN PEDRO, an individual; MEGAN SAN PEDRO, a minor by and through her
7 Guardian Ad Litem DANIEL SAN PEDRO; SALLY SANCHEZ, an individual; DONALD
8 SANDMAN, an individual; LOU ANN SANDMAN, an individual; ANTHONY SANDOVAL,
9 an individual; RACHEL SANDOVAL, an individual; CASARA SANTANA, an individual;
10 REBECCA SANTILLAN, an individual; BRYAN SANTOS, an individual; STEPHANIE
11 SANTOS, an individual; WINJFREDO SANTOS, an individual; MARIA SAPGOIAN, an
12 individual; GEORGE SAYRE-SMITH, an individual; JOYCE SAYRE-SMITH, an individual;
13 FRANCESCA SCIORTINO, an individual; PIERO SCIORTINO, an individual; ANDRE
14 SEGAUD, an individual; THERESE SEGAUD, an individual; XOCHILT SEPULVEDA, an
15 individual; YUDITH SEPULVEDA, a minor by and through her Guardian Ad Litem YUDITH
16 GASTELUM; MARIA SERRANO, an individual; JOHN SEVER, an individual; CHEYENNE
17 SIMONS, a minor by and through her Guardian Ad Litem CHRISTOPHER SIMONS;
18 CHRISTOPHER SIMONS, an individual; CONSTANCE SIMONS, an individual; ROBERT
19 SIMONS, an individual; ORINIO SMITH, an individual; MILA SORIA, an individual; KARL
20 STEINGROBE, an individual; CHADRA STEWARD, an individual; ERICK STEWARD, a
21 minor by and through his Guardian Ad Litem ERICK STEWARD; ERICK STEWARD, an
22 individual; ERRINSTEWARD, a minor by and through her Guardian Ad Litem ERICK
23 STEWARD; KIMBERLY STOUDT, an individual; NICHOLAS STOUDT, an individual;
24 PATRICK STOUDT, an individual; THOMAS STOUDT, an individual; AARON SUAREZ, an
25 individual; ADRIANA SUAREZ, a minor by and through her Guardian Ad Litem LUGARDA
26 SUAREZ; ALFRED SUAREZ, an individual; ANGELICA SUAREZ, an individual; CELINA
27 SUAREZ, a minor by and through her Guardian Ad Litem LUGARDA SUAREZ; JESUS
28 SUAREZ, an individual; JOSE SUAREZ, a minor by and through his Guardian Ad Litem
63
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 LUGARDA SUAREZ; JESUS SUAREZ- JR., a minor by and through his Guardian Ad Litem
2 LUGARDA SUAREZ; LUGARDA SUAREZ, an individual; MARIBEL SUAREZ, an
3 individual; VERONICA SUAREZ, an individual; VIRGINIA SUAREZ, an individual; YESENIA
4 SUAREZ, a minor by and through her Guardian Ad Litem LUGARDA SUAREZ; SHEILA
5 SULU, an individual; NOEL TAN, an individual; SID TAN, an individual; TERESITA TAN, an
6 individual; ANNA TAPIA, an individual; JOSE TAPIA, an individual; JOHN TATTERSALL, an
7 individual; REGINA TAYLOR, an individual; MATTHEW TERZIS, an individual; JULIE
8 TESORO, an individual; LINA TIONGSON, an individual; EMILY TORINO, an individual;
9 ERVIN TORINO, an individual; ESTRELLA TORINO, an individual; FAUSTINO TORINO, an
10 individual; ANDRES TORRES, an individual; ANTHONY TORRES, an individual; DAVID
II TORRES- JR, an individual; LORRAINE TORRES, an individual; MARIA TORRES, an
12 individual; MONIQUE TORRES, a minor by and through her Guardian Ad Litem LORRAINE
13 TORRES; SARAH TORRES, a minor by and through her Guardian Ad Litem RENEE NAVAL;
14 DAVID TORRES- SR., an individual; ARMANDO TORREZ, an individual; BRYAN TORREZ,
15 a minor by and through his Guardian Ad Litem REGINA TORREZ; CHRISTOPHER TORREZ,
16 an individual; JAKE TORREZ, a minor by and through his Guardian Ad Litem REGINA
17 TORREZ; REGINA TORREZ, an individual; KAROL TRAN, a minor by and through her
18 Guardian Ad Litem MINH TRAN; MINH TRAN, an individual; TRACEY TRAN, an individual;
19 AMANDA TRUJILLO, an individual; DEBBIE TRUJILLO, an individual; EDWARD
20 TRUJILLO, an individual; GENEVA TRUJILLO, an individual; JACQUELINE TRUJILLO, an
21 individual; JENNIFER TRUJILLO, an individual; JOSHUA TRUJILLO, an individual;
22 RICHARD TRUJILLO, an individual; TERESA TRUJILLO, an individual; AMADO UMALI, an
23 individual; ANDREA UMALI, an individual; CHRISTOPHER UMALI, an individual; RANDY
24 UMALI, an individual; ADOLFO VALDES, an individual; ALEXA VALDES, a minor by and
25 through her Guardian Ad Litem ADOLFO VALDES; CRYSTAL VALDES, an individual; ISIS
26 VALDES, a minor by and through her Guardian Ad Litem ADOLFO VALDES; ERIKA
27 VALDEZ, an individual; GILBERT VALDEZ, an individual; IRMA VALDEZ, an individual;
28 LETICIA VALDEZ, an individual; MELISSA VALDEZ, an individual; MICHELLE VALDEZ,
64
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 an individual; SHARLEENA VALDEZ, an individual; ALFREDO VALDIVIA, an individual;
2 ARASELI V ARGES, an individual; ARIANA V ARGES, a minor by and through her Guardian
3 Ad Litem ARASELI V ARGES; GABRIELA V ARGES, a minor by and through her Guardian Ad
4 Litem ARASELI V ARGES; MIKE VARGES, an individual; YVETTE VELARDE, an
5 individual; ADOLFO VELAZCO, an individual; BERTHA VELAZCO, an individual; CARINA
6 VELAZCO, an individual; EMMANUEL VELAZCO, an individual; FERNANDO VELAZCO,
7 an individual; MANUEL VELAZCO, an individual; VICTOR VELAZCO, an individual;
8 CRYSTAL VELAZQUEZ, an individual; ELIZABETH VELAZQUEZ, an individual; JEFFREY
9 VELAZQUEZ, a minor by and through his Guardian Ad Litem TRINIDAD VELAZQUEZ;
10 TRINIDAD VELAZQUEZ, an individual; MARTY VILLEGAS, an individual; SERENE
11 VILLEGAS, an individual; FELISA VINLUAN, an individual; LORENZO VINLUAN III, an
12 individual; LORENZO VINLUAN IV, a minor by and through his Guardian Ad Litem
13 LORENZO VINLUAN III; RAQUEL WAIGHT-SMITH, an individual; MYRNA WARD, an
14 individual; HISHASHI WATANABE, an individual; KATSUKO WATANABE, an individual;
:1 15 WANDA WEIMER, an individual; DARLENE WELLS, an individual; DOUGLAS WELLS, an
16 individual; LENNART WIRGART, an individual; ALDEN YI, an individual; EDWIN YI, an
17 individual; KYUNG YI, an individual; SANG YI, an individual; GILBERT YNIGUEZ, an
18 individual; RAYMOND YNIGUEZ, an individual; PEDRO ZACARIAS III, an individual;
19 LEOPOLDO ZAMORA, an individual; LYDIA ZAMORA, an individual; SALVADOR A.
20 ZAMORA, an individual; SALVADOR H. ZAMORA, an individual; JOSEPH ZATARAIN-
21 MADRID, an individual; and ATHENA ZATARAIN-MADRlD, an individual.
I
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22 Monterey Pines Development
23 25. The following PLAINTIFFS live(d) and/or worked) in an area located in close
24 proximity, and/or on top of the KAST SITE (collectively also referred to as the MONTEREY
25 PINES DEVELOPMENT PLAINTIFFS): DAN CUNANAN, an individual; DANICA
26 CUNANAN, an individual; DANIELLE JOY CUNANAN, a minor by and through her Guardian
27 Ad Litem PRISCILLA FERRER; PRISCILLA FERRER, an individual; ALEJANDRO FLORES?
28 an individual; RAMON FLORES, an individual; RAQUEL FLORES, an individual; AlA Y
65
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
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.'
1 GARCIA, a minor by and through his Guardian Ad Litem ANTHONY GARCIA; ANTHONY
2 GARCIA, an individual; EMILY GARCIA, an individual; HILARIA GARCIA, an individual;
3 L YANNA GARCIA, a minor by and through her Guardian Ad Litem ANTHONY GARCIA;
4 DORIS JAMERSON, an individual; KORY JAMERSON, an individual; MIKQUEL
5 JAMERSON, an individual; SOL JAMERSON, an individual; BILLY MCGEE, an individual;
6 NINA MCGEE, an individual; SHANAH MCGEE, an individual; YUSEF MCGEE, a minor by
7 and through his Guardian Ad Litem NINA MCGEE; KEVERL Y SMILEY, an individual;
8 FELIPE TALAVERA, an individual; SANJUANA TALAVERA, an individual; FELIPE
9 TALAVERA-ZAMORA, a minor by and through his Guardian Ad Litem SANJUANA
1 0 TALAVERA; KELVIN TALAVERA-ZAMORA, a minor by and through his Guardian Ad Litem
11 SANJAUNATALAVERA; and KIMBERI~Y TALAVERA-ZAMORA, a minor by and through
12 her Guardian Ad Litem SANJUANA TALAVERA.
13 Island Avenue
14 26. The following PLAINTIFFS live(d) and/or worked) in an area located in close
15 proximity, and/or on top of the KAST SITE (collectively also referred to as the ISLAND
16 AVENUE PLAINTIFFS): MARTHA AGUILAR, a minor by and through her Guardian Ad
17 Litem ESTHER RENDON-AGUILAR; ALEJANDRA ALCARAZ- SR., an individual; BENNY
18 ALVARADO, an individual; CRYSTAL ALVARADO, an individual; DIEGO ALVARADO, a
19 minor by and through his Guardian Ad Litem EMILY ALVARADO; EMIL Y ALVARADO, an
20 individual; BENNY ALVARADO III, an individual; BENNY ALVARADO IV, a minor by and
21 through his Guardian Ad Litem SABRINA L. ALVARADO; RIGOBERTO ALVARADO JR., an
22 individual; LILLIAN ALVARADO, a minor by and through her Guardian Ad Litem SABRINA
23 L. ALVARADO; ROBERT ALVARADO, a minor by and through his Guardian Ad Litem
24 SABRINA L. ALVARADO; ROSALINDA ALVARADO, an individual; SABRINA
25 ALVARADO, an individual; SOFIA ALVARADO, a minor by and through her Guardian Ad
26 Litem EMILY ALVARADO; MARTIN ALVAREZ, an individual; ROSA ALVAREZ, an
27 individual; ARTHUR ARIZPE, an individual; BLANCA ARIZPE, an individual; JESSICA
28 BALDERAS, an individual; JUAN BALDERAS, an individual; MARTHA BALDERAS, an
66
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 individual; BEATRIZ BALMASEDA, an individual; ISABELO BALMASEDA, an individual;
2 BRADLEY BROWN, an individual; DELILAH BROWN, an individual; MICHAEL BROWN,
3 an individual; MARY ANN CABARON, an individual; REY CABARON, an individual;
4 REYANN CABARON, a minor by and through her Guardian Ad Litem MARY ANN
5 CABARON; ABELARDO CABELLO, an individual; ALEJANDRA CABELLO, a minor by and
6 through her Guardian Ad Litem ABELARDO CABELLO ; CONSUELO CABELLO, an
7 individual; CRYSTAL CABELLO, a minor by and through her Guardian Ad Litem ABELARDO
8 CABELLO; DICK CRAIN, an individual; YVONNE CRAIN, an individual; CHRISTOPHER
9 CURIEL, an individual; FRANKIE CURIEL, a minor by and through her Guardian Ad Litem
10 ROSIE A. FLORES CURIEL; ISABEL CURIEL, a minor by and through her Guardian Ad Litem
11 ROSIE FLORES CURIEL; FRANK CURIEL JR., an individual; ROSIE CURIEL, an individual;
12 CLARENCE DAVIS JR., an individual; RAGlNA DAYAL, an individual; BOBBY DE LA
13 ROSA, an individual; DANIEL DE LA ROSA, a minor by and through his Guardian Ad Litem
14 STEPHANIE DE LA ROSA; BOBBY DE LA ROSA JR., a minor by and through his Guardian
15 Ad Litem STEPHANIE DE LA ROSA; SAMANTHA DE LA ROSA, a minor by and through her
16 Guardian Ad Litem STEPHANIE DE LA ROSA; STEPHANIE DE LA ROSA, an individual;
17 DEMI DE LA VARA, a minor by and through her Guardian Ad Litem MARIA P. DE LA
18 VARA; MARIA DE LA VARA, an individual; ANGELINE DE LOS REYES, an individual;
19 EMMA DOMENDEN, a minor by and through her Guardian Ad Litem ANGELINE DE LOS
20 REYES; ERIC DOMENDEN, an individual; ERNESTO DOMENDEN, an individual; ISAIAH
21 DOMENDEN, a minor by and through his Guardian Ad Litem ANGELINE DE LOS REYES;
22 QUENTIN DOMENDEN, a minor by and through his Guardian Ad Litem ANGELINE DE LOS
23 REYES; ROSITA DOMENDEN, an individual; CHARLES DOUTHIT, an individual;
24 CHARLES DOUTHIT, an individual; DAVID DOUTHIT, an individual; EMILY DOUTHIT, a
25 minor by and through her Guardian Ad Litem MARIA DOUTHIT; HELEN DOUTHIT, a minor
26 by and through her Guardian Ad Litem MARIA DOUTHIT; CHARLES DOUTHIT JR., an
27 individual; MARIA DOUTHIT, an individual; PATRICIA DOUTHIT, an individual; DOMINIK
28 FINKE, an individual; FRANCISCO FINKE, an individual; MARIA TERESA FINKE, an
67
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
--- -- - - .-!
1 individual; RUDOLF FINKE, an individual; BIANCA FLORES, an individual; ANGEL
2 GARCIA, a minor by and through his Guardian Ad Litem JUAN A. GARCIA; JUAN GARCIA,
3 an individual; SARA GARCIA, an individual; DOROTHY HALL-DAVIS, an individual;
4 ARLENE HERRERO, an individual; JOSEPHINE HERRERO, an individual; VITO HERRERO,
5 an individual; ALBERT HUERTA, an individual; LUCY HUERTA, an individual; NICO
6 HUERTA, a minor by and through his Guardian Ad Litem LUCY HUERTA; EILEEN IBARRA,
7 an individual; CESHA JAMES, a minor by and through her Guardian Ad Ljtem EDITHA
8 JAMES; CHEDON JAMES, a minor by and through his Guardian Ad Litem SHELDON JAMES;
9 CHERRIST AN JAMES, a minor by and through her Guardian Ad Litem EDITHA JAMES;
10 CHESTAN JAMES, a minor by and through his Guardian Ad Litem SHELDON JAMES;
11 EDITHA JAMES, an individual; SHELDON JAMES, an individual; CARLITO LABARDA JR.,
12 an individual; JASMINE LAL, a minor by and through her Guardian Ad Litem REGINA
13 DAYAL; JOW AHIR LAL, an individual; MANISH LAL, a minor by and through his Guardian
14 Ad Litem REGINA DAYAL; RAJIV LAL, a minor by and through his Guardian Ad Litem
15 RAGINA DAYAL; BARBARA LASSWELL, an individual; HAROLD LASSWELL, an
16 individual; JENNIFER LASSWELL, an individual; THOMAS LASSWELL, an individual;
17 THOMAS LASSWELL, an individual; AIDA LEDESMA, an individual; ANDREW LIRA, a
18 minor by and through his Guardian Ad Litem MIGUEL LIRA; GUADALUPE LIRA, an
19 individual; MIGUEL LIRA, an individual; MIGUEL LIRA, a minor by and through his Guardian
20 Ad Litem MIGUEL LIRA; MOISES LIRA, a minor by and through his Guardian Ad Litem
21 MIGUEL GONZALO LIRA; NATALIE LIRA, a minor by and through her Guardian Ad Litem
22 MIGUEL LIRA; ADOLFO MAGDALENO, an individual; ANABEL MAGDALENO, an
23 individual; BENITO MAGDALENO, an individual; DANIEL MAGDALENO, a minor by and
24 through his Guardian Ad Litem ANABEL MAGDALENO; DESTINY MAGDALENO, a minor
25 by and through her Guardian Ad Litem ANABEL MAGDALENO; MARLENE MAGDALENO,
26 a minor by and through her Guardian Ad Litem ANABEL MAGDALENO; VITALINA
27 MAGDALENO, an individual; GLORIA MARTINEZ, an individual; ROBERT MARTINEZ, an
28 individual; CORRINA MATAALII, an individual; DAVID MATAALII, an individual; LAUREN
68
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 MATAALII, a minor by and through her Guardian Ad Litem STEPHEN MATAALII; STEPHEN
2 MATAALII, an individual; RAUL MATUTE, an individual; JULIE MONTGOMERY, an
3 individual; CARLOS NAVARRO, a minor by and through his Guardian Ad Litem STEPHANIE
4 DE LA ROSA; CHARLIE NEGRETE, an individual; JOY O'BRIEN, an individual; JACK
5 O'BRIEN- JR., an individual; TAYLOR O'BRIEN, a minor by and through her Guardian Ad
6 Litem JOY O'BRIEN; VANESSA ORELLANA, an individual; MICHAEL PEREZ, a minor by
7 and through his Guardian Ad Litem MARIA P. DE LA VARA; JUAN POSADA, an individual;
8 VICTORIA POSADA, an individual; JOE RANTE, an individual; ESTI-IER RENDON-
9 AGUILAR, an individual; DOUGLAS RESERVA, an individual; DOUGLAS RESERVA JR., an
10 individual; ROSEMARY RESERVA, an individual; RITA ROSALES, an individual; CECIL Y
11 SAAVEDRA, an individual; DEMRYN SAAVEDRA, a minor by and through his Guardian Ad
12 Litem EDWARD SAAVEDRA; EDWARD SAAVEDRA, an individual; MIKAYLA
13 SAAVEDRA, a minor by and through her Guardian Ad Litem EDWARD SAAVEDRA; SESI
14 SAAVEDRA, an individual; ZACHARY SAAVEDRA, a minor by and through his Guardian Ad
15 Litem EDWARD SAAVEDRA; BRIANNA SEPULVEDA, a minor by and through her Guardian
16 Ad Litem RAMON SEPULVEDA; RAMON SEPULVEDA- JR., a minor by and through his
17 Guardian Ad Litem RAMON SEPULVEDA; RAMON SEPULVEDA, an individual; ROXANA
18 SEPUIoVEDA, an individual; JOSEPHINE VELASCO, an individual; ARACELI.VELAZQUEZ,
19 an individual; VICENTE VELAZQUEZ III, an individual; VICENTE VELAZQUEZ- JR.-DIAZ,
20 an individual; WYATT VELAZQUEZ, an individual; RUDY VIVEROS, an individual; TRAVIS
21 WABSCHALL, an individual; and SA V ANNAB YINGER, a minor by and through her Guardian
22 Ad Litem CORRINA MATAALII.
23 Former Residents of the Carousel Housing Tract
24 27. The following PLAINTIFFS previously lived within the CAROUSEL HOUSING
25 TRACT: ASIA ALVARADO, a minor by and through her Guardian Ad Litem SAMUEL R.
26 ALVARADO; MICHELLE ALVARADO, an individual; SAMUEL ALVARADO, a minor by
27 and through his Guardian Ad Litem SAMUEL R. ALVARADO; SAMUEL ALVARADO, an
28 individual; ESPERANZA AMAYA, an individual; ROSANNA ANGHILERI-GOMEZ, an
69
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 individual; GEORGETTE ANTOL, an individual; EDWARD ARNADO, an individual;
2 MICHAEL ARNADO, an individual; RUBY ARRIZON, an individual; MANUEL ARVIZU, an
3 individual; ROSIE ARVIZU, an individual; BRENDA ASHKAR, an individual; SALIM
4 ASHKAR, an individual; STEVEN ASHKAR, an individual; SUSAN ASHKAR, an individual;
5 BERT AYERS III, an individual; CATHY BALLARDO - TURNER, an individual; ALBERT
6 BALLARDO, an individual; JOHN BALLARDO, an individual; RICHARD BALLARDO, an
7 individual; SYLVIA BALLARDO, an individual; DANIELLE BANUELOS, an individual;
8 MARK BANUELOS, an individual; MARY ANN BANUELOS, an individual; RICHARD
9 BANUELOS, an individual; FRED BEYER, an individual; GENESIS CABANAS, an individual;
10 DENNIS CACERES, an individual; DOMINGO CACERES, an individual; KIMBERLY
11 CACERES, a minor by and through her Guardian Ad Litem DOMINGO CACERES; STEVE
12 CACERES, an individual; MICHAEL CALBERON, an individual; ERIC CARRILLO, an
13 individual; GUILLERMINA CARRILLO, an individual; JASMINE CARRILLO, a minor by and
14 through her Guardian Ad Litem ERIC A. CARRILLO; ROMINA CARRILLO, an individual;
15 MERLITA CASINO, an individual; OSCAR CASINO, an individual; DAVID CHACON, an
16 individual; DEVIDA CHACON, an individual; JOANN CHACON, an individual; DAVID
17 CHACON- JR., an individual; EDEN CLAUSEN, an individual; DALENA CORTEZ, an
18 individual; ERIK CRICHTON, an individual; IAN CRICHTON, an individual; STEVEN
19 CRICHTON, an individual; ZACHARY CRISOSTOMO, a minor by and through his Guardian
20 Ad Litem MELODY TANDOC; CALE DAVID, a minor by and through his Guardian Ad Litem
21 KATHLEEN DAVID; CHARLES DAVID, an individual; KATHLEEN DAVID, an individual;
22 CARMEN DAWSON, an individual; VINCENT DAWSON, a minor by and through his
23 Guardian Ad Litem CARMEN DAWSON; NANCY DE LA CRUZ, an individual; DAVID DE
24 SISTO, an individual; BRUCE DETTLING, an individual; DELFINA DIAZ, an individual;
25 RUBEN DIAZ- JR., an individual; KATRINA DIAZ, an individual; LINDA DlAZ, an individual;
26 REGINA DIAZ, an individual; RUBEN DIAZ, an individual; CHRISTINA DORADO, an
27 individual; LISA DORADO, an individual; JOHN EGUCHI, an individual; MICHAEL
28 ELMENDORF, an individual; KIMBERLY ERWIN, an individual; KRISTEN ERWIN, a minor
70
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 by and through her Guardian Ad Litem KIMBERLY ERWIN; KYLE ERWIN, a minor by and
2 through his Guardian Ad Litem KIMBERLY ERWIN; MICHELLE ERWIN, an individual;
3 MADELENE F ARlN, an individual; ROSA FERNANDEZ, an individual; ANDREA FIMBRES,
4 an individual; JAMIE FLACK, an individual; REYNALDO FRANCO, an individual; CYNTHIA
5 GARCIA, an individual; SHARON GARCIA, an individual; DAVID GLASS, an individual;
6 VICKIE GLASS, an individual; ASHLEY GOMEZ, an individual; YVONNE GOMEZ, an
7 individual; EDMUND GONZALES, an individual; VIENNA GUERRERO, a minor by and
8 through her Guardian Ad Litem CYNTHIA GONZALES; ARIANA GURROLA, an individual;
9 CONNIE GUTIERREZ, an individual; GARY GUTIERREZ, an individual; GUADALUPE
10 GUTIERREZ, an individual; SHANNON GUTIERREZ, an individual; SPENCER GUTIERREZ,
11 a minor by and through his Guardian Ad Litem GARY GUTIERREZ; KIMBERLY HEFFNER,
12 an individual; PAMELA HENSON, an individual; DON HINSHILWOOD, an individual;
13 GLICERIA HINSHIL WOOD, an individual; JOY HINSHIL WOOD, a minor by and through her
14 Guardian Ad Litem GLICERIA M. HINSHILWOOD; CARLA HUGHES-NIEMI, an individual;
15 ALEXANDER IZMAJTOVICH, an individual; LISA JAMES, an individual; JERRY JELENIC,
16 an individual; KRYSTAL JELENIC, an individual; TIFFANY JELENIC, an individual;
17 YOLANDA JELENIC, an individual; CHRISTINE KAONO, an individual; CARRIE KARR, an
18 individual; CHARLES KEITH III, an individual; AMY KEITH-MORENO, an individual;
19 LINDA LAPONZA, an individual; RONALD LARRIEN, an individual; BRENDA
20 LEAVENWORTH, an individual; CELIA LEON, an individual; CONTIDO LEON, an
21 individual; FRANK LEON, an individual; LUIS LEON JR., an individual; PRAXEDES LEON,
22 an individual; RICHARD LEON, an individual; ROBERT LEON, an individual; ROLAND
23 LEON, an individual; CARL Y LIMOSNERO, a minor by and through her Guardian Ad Litem
24 MICHAEL LIMOSNERO; MAILE LIMOSNERO, a minor by and through her Guardian Ad
25 Litem MICHAEL LIMOSNERO; MICHAEL LIMOSNERO, an individual; NINETTE
26 LIMOSNERO, an individual; BEATRIZ LOPEZ, an individual; BONNIE LOPEZ, an individual;
27 JOHN LOPEZ, an individual; JOSE LOPEZ, an individual; RUBEN LOPEZ, an individual;
28 VINCENT LOPEZ, an individual; GIGI LORESCO, an individual; ROYAL LORESCO, an
71
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 individual; BRIAN LUNA, an individual; ROSELlE MADRID, an individual; KAREN
2 MAGALLON-HAMLIN, an individual; HOWARD MAGANA, an individual; JULIA
3 MAGANA, a minor by and through her Guardian Ad Litem ADAM MAGANA; JULISSA
4 MAGANA, a minor by and through her Guardian Ad Litem ADAM MAGANA; PATRICIA
5 MARTINEZ, an individual; VICTOR MARTINEZ, an individual; CARLA MCCAGUE, an
6 individual; CHRIS MCCOLLUM, an individual; LESLEY-ANNE MCCOLLUM, an individual;
7 MICHAEL MCCOLLUM, an individual; REBECCA MCCOLLUM, an individual; DAVID
8 MCEWAN, an individual; GORDON MCEWAN, an individual; EDWARD MEDINA, an
9 individual; EDWARD MEDINA, an individual; ELOISE MEDINA, an individual; STEVEN
10 MENDEZ, an individual; PABLO MENDOZA, an individual; ELIZABETH MONGE, an
11 individual; DANIEL MONTOYA, an individual; MICHAEL MONTOYA, an individual; MERV
12 MYERS, an individual; ROSALBA NAVARRETE, an individual; STEVEN NIETO, an
13 individual; MARTHA NILSSON, an individual; ALAN OGAWA, an individual; MICHAEL
14 OGAWA, an individual; EBONY ONWUBERE, an individual; NINA ONWUBERE, an
IS individual; PILAR ORTEGA- JR., an individual; EDITH PAGUIO, an individual; DARYN
16 P ALICTE, an individual; EMMA PARA YNO, an individual; MARK PARA YNO, an individual;
17 HORACIO PEREZ, an individual; ALEXANDRA PERKINS, an individual; RICHARD
18 PERKINS JR., an individual; CHARLES PFEIFFER, an individual; YVONNE PINGATORE, an
19 individual; DEBRA PRYOR, an individual; LAURA RACANELLI, an individual; FRANK
20 RAMIREZ, an individual; FREDERICK RAMIREZ, an individual; KRISTY RAMIREZ, an
21 individual; MEGAN RAMIREZ, an individual; MICHAEL RAMIREZ, an individual; NATALIE
22 RAMIREZ, an individual; EDNA REYES, an individual; ERNESTO REYES, an individual;
23 JONATHAN REYES, an individual; SUSAN REYES, an individual; VIVIAN REYES, an
24 individual; ZERANDY REYES, an individual; KATHLEEN ROBLES, an individual; MARIO
25 ROBLES, an individual; RITA ROBLES, an individual; ESTEBAN RODRIGUEZ, an individual;
26 MARCELO RODRIGUEZ, an individual; MARIA RODRIGUEZ, an individual; NATALIA
27 RODRIGUEZ, an individual; SUSAN RODRIGUEZ, an individual; KIMBERLY ROSE, an
28 individual; RUTH SALAZAR, an individual; EMMA SAN ANTONIO, an individual; ARLENE
72
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
" I II I'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
SAN LUIS, an individual; VIDAL SEDILLOS, an individual; MARIA SEELIG, an individual;
RENEE SEELIG-MAGANA, an individual; FRANCIS SEGAUD, an individual; LONNIE
SHELL, a minor by and through her Guardian Ad Litem ALEXANDRA PERKINS;
MARGARET SHOEMAKER, a minor by and through her Guardian Ad Litem JANINE
MALLANO; BRAD SIMONS, an individual; PATRICIA SPALETA, an individual; APRIL
TAN, an individual; MELODY TANDOC, an individual; MIKAELA TANDOC, a minor by and
through her Guardian Ad Litem MELODY TANDOC; ROY TANDOC, an individual;
YOLANDA TANDOC, an individual; SHARLA TAYLOR, an individual; GEORGE TESORO,
an individual; DENNIS TIALA VEA, an individual; CARMEN TORRES, an individual; JESSE
TORRES, an individual; JESSE TORRES, an individual; ROBERT TORRES, an individual;
SANDRA TORRES, an individual; mLIE TRUJILLO, a minor by and through her Guardian Ad
Litem RICHARD TRUJILLO; CHRISTINA UMPHLETT, an individual; THOMAS
UMPHLETT, an individual; DEBORA VALDES, an individual; HIRAM VALDES, an
individual; YLDEFONSO VALDES, an individual; DESIREE VILLARREAL, a minor by and
through her Guardian Ad Litem JESSICA VILLARREAL; DESTINY VILLARREAL, a minor
by and through her Guardian Ad Litem JESSICA VILLARREAL; JESSICA VILLARREAL, an
individual; OSCAR VILLARREAL JR., a minor by and through his Guardian Ad Litem
JESSICA VILLARREAL; OSCAR VILLARREAL, an individual; ROBERT VILLEGAS, an
individual; JESSICA YBARRA, an individual; and JONATHAN YBARRA, a minor by and
through his Guardian Ad Litem JESSICA A. YBARRA.
Close Proximity to the KAST SITE
28. The following PLAINTIFFS live(d) and/or worked) in an area located in close
23 proximity, and/or on top of the KAST SITE: 1ST UNITED METHODIST CHURCH OF
24 WILMINGTON, an individual; GILBERT ACEBEDO, an individual; RYDER ACEVES, a
25 minor by and through his Guardian Ad Litem CYNTHIA ACEVES; ANTHONY ACOSTA, an
26 individual; ANGEL ACOSTA JR., an individual; MANUEL ACOSTA, an individual;
27 NHUTDUNG HA ADOLFO, an individual; JAVIER AGUILAR, an individual; JESSE
28 AGUILAR, an individual; DA VITA AKINO, an individual; ROBERT ALLEN II, an individual;
73
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 .·i 26 I
!
27
28
ROBERT ALLEN, an individual; ROXANN ALLEN, an individual; BRUCE ALLSWANG, an
individual; CALEB ALLSWANG, a minor by and through his Guardian Ad Litem JOSHUA
ALLSWANG; ERICA ALLSWANG, an individual; JOSHUA ALLSWANG, an individual;
PAMELA ALLSWANG, an individual; CECILIA ALOFAITULI, an individual; CHLOE
SYMONE ALVARADO, a minor by and through her Guardian Ad Litem MICHELLE
ALVARADO; FREDERICO ALVARADO, a minor by and through his Guardian Ad Litem
FREDERICO ALVARADO JR.; JESSICA ALVARADO, an individual; FREDERICO
ALVARADO JR., an individual; LORI ALVARADO, an individual; MICHAEL ALVARADO, a
minor by and through his Guardian Ad Litem FREDERICO ALVARADO JR.; THEODORE
ALVAREZ, an individual; ANDRES AMEZCUA, a minor by and through his Guardian Ad
Litem MELCHOR AMEZCUA; LORENA AMEZCUA, an individual; MARCOS AMEZCUA,
an individual; MARIA AMEZCUA, an individual; MELCHOR AMEZCUA, an individual;
TANYA AMEZCUA, an individual; PEARLIE ANDERSON, an individual; ETHAN
ANDRADE, a minor by and through his Guardian Ad Litem MARIA ANDRADE; KEITH
ANDRADE, an individual; MARIA ANDRADE, an individual; MICHAEL ANDRADE, an
individual; SANDRA ANGHILERI, an individual; JOVITA AQUINO, an individual;
KATHLEEN AQUINO, an individual; KRISTINE AQUINO, a minor by and through her
Guardian Ad Litem JOVITA AQUINO; MICHELLE ARAIZA, an individual; ELIZABETH
ARIAS, an individual; DANILO ARNADO, an individual; DAVID ARNADO, an individual;
JOSEPHINE ARVIZU, a minor by and through her Guardian Ad Litem ROSIE MARY ARVIZU;
LARRY ARVIZU, an individual; MARY ANN ARVIZU, an individual; MARISA AUGER, an
individual; BERT AYERS JR., an individual; LILIBETH BACON, an individual; ALBERT
BALLARDO, an individual; CHRISTOPHER BALLARDO, an individual; CLARISSA
BALMASEDA, an individual; ERIC BALMASEDA, an individual; IKE BALMASEDA, an
individual; LINDA BANDA, an individual; RODIL YN BASCO-WOOLDRIDGE, an individual;
BRIANA BEDOLLA, an individual; GLORIA BEDOLLA, an individual; ALEJANDRO
BEJARANO, an individual; CRISTINA BEJARANO, an individual; LAlLA BELLE, a minor by
and through her Guardian Ad Litem ERICA ALLSWANG; VIRGINIA BENKHALED, an
74
PLAINTIFFS' Fm.ST AMENDED COMPLAINT FOR DAMAGES
1 individual; CHRISTINA BIRD, an individual; JOIEVEE BONDOC, an individual; BRIANNA
2 BUNAL, a minor by and through her Guardian Ad Litem CYNLIE BUNAL; MA ALMA
3 BUNAL, an individual; RYAN BURRIS, an individual; JOHNNY CABRERA, an individual;
4 MARIA CABRERA, an individual; ROBERTO CAMEGLA, an individual; ALLISON
5 CARANDANG, a minor by and through her Guardian Ad Litem SERCE CARANDANG;
6 AMBER CARANDANG, a minor by and through her Guardian Ad Litem SERCE
7 CARANDANG; REYNALDO CARANDANG, an individual; SERCE CARANDANG, an
8 individual; NAOMI CARTER, an individual; EDEN CASTANEDA, an individual; JOSEPH
9 CASTANEDA, a minor by and through his Guardian Ad Litem PAUL A. CASTANEDA; PAUL
10 CASTANEDA, a minor by and through his Guardian Ad Litem PAUL A. CASTANEDA; PAUL
11 CASTANEDA, an individual; SUSAN CASTANEDA, an individual; HILDA CHAVEZ, an
12 individual; JULIUS CllA VEZ, an individual; LAURA CRA VEZ, an individual; MICHAEL
13 CRA VEZ, an individual; SOPHIA CHAVEZ, an individual; NATALEE CHUN, an individual;
14 GABRIEL COLCOL, an individual; LYDIA COLCOL, an individual; RONALD COLCOL, an
15 individual; HIGINIO CORDERO, an individual; PAOLA CORDERO, an individual;
16 ELIZABETH CORDOZA, a minor by and through her Guardian Ad Litem VERONICA RIVAS;
17 JORDAN COSTIGAN, an individual; MARY CRAIN, an individual; MATHEW CRAIN, an
18 individual; LAURENCE DANIEL, an individual; REYNALDO DAVID, an individual; BOB
19 DELVECCHIO, an individual; RACHELLE DILLON, an individual; NATALIE DOOP, a minor
20 by and through her Guardian Ad Litem CHRISTA SAENZ; JENNIFER DOUTHIT, an
21 individual; MICHAEL DOUTHIT, an individual; TRAVIS DOUTHIT, an individual;
22 VICTORIA DOUTHIT, an individual; DOROTHY DRESSER, an individual; ANDREW
23 DUARTE, an individual; BERNADETTE DUARTE, an individual; ERICK DUARTE, a minor
24 by and through his Guardian Ad Litem J. GUADALUPE DUARTE; J. GUADALUPE DUARTE,
25 an individual; JESUS DUARTE, an individual; CLARA DUNCAN, an individual; LAWRENCE
26 DUNCAN- JR., an individual; MATTHEW DUNCAN, an individual; REGINA DYER, an
27 individual; LUCILA EGBALIC, an individual; GUADALUPE ESPINOSA, an individual; KHI
28 EVANS, an individual; BARRY FANTROY, an individual; JASON FARIN, an individual;
75
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES.
i1 :1
1 CONCEZION FERNANDEZ, an individual; MONICA FERNANDEZ, an individual;
2 ROYALENE FERNANDEZ, an individual; JOI-IN MICHAEL FERRER, a minor by and through
3 his Guardian Ad Litem TOMMY P. FERRER; MARY ANN FERRER, an individual;
4 MATTHEW FERRER, a minor by and through his Guardian Ad Litem TOMMY P. FERRER;
5 MELANIE ANN FERRER, a minor by and through her Guardian Ad Litem TOMMY FERRER;
6 TOMMY FERRER, an individual; AL YSSA FIERRO, an individual; ERIC FIERRO, an
7 individual; KRISTA FIERRO, a minor by and through her Guardian Ad Litem YVONNE
8 VILLARICO-FIERRO; MARISSA FIERRO, a minor by and through her Guardian Ad Litem
9 YVONNE VILLARICO-FIERRO; SONYA FLORES, an individual; ALEILI FLYNN, a minor
10 by and through her Guardian Ad Litem GEORGIANNA KANE; GWENDA FOSTER, an
11 individual; JEFF FRICK, an individual; V AE FUA, an individual; CAITLIN JANE GALAN, a
12 minor by and through her Guardian Ad Litem JOSE GERALD T. GALAN; CHARLENE THEL
13 GALAN, an individual; JEANNE CHANTEL GALAN, a minor by and through her Guardian Ad
14 Litem JOSE GERALD T. GALAN; JOSE GERALD GALAN, an individual; JOSHUA CALEB
15 GALAN, a minor by and through his Guardian Ad Litem JOSE GERALD T. GALAN; LINDA
16 GALLEGOS, an individual; SHAELYNN GALLEGOS, a minor by and through her Guardian Ad
17 Litem JESSICA ALVARADO; STACY GALLEGOS, an individual; STEVEN GALLEGOS, an
18 individual; ALLISON GARCIA, a minor by and through her Guardian Ad Litem ROSAL YNN
i 19 GARCIA; ANGEL GARCIA, an individual; DAVE GARCIA, an individual; KIMBERLY 1
:1 20 GARCIA, an individual; ROSAL YNN GARCIA, an individual; ROSIE GARCIA, an individual; ~. !
21 SAMANTHA GARCIA, a minor by and through her Guardian Ad Litem ROSAL YNN GARCIA;
22 DESTINY GILL, a minor by and through her Guardian Ad Litem TRESIA LA PLANTE; MARY
23 GILLESPIE, an individual; RAYMOND GILLESPIE, an individual; DEREK GLASS, an
24 individual; MARISA GLASS-GILLON, an individual; MARCEL GLICKMAN, an individual;
25 ROSALIA GOLDEN, an individual; IAN GOMEZ, a minor by and through his Guardian Ad
26 Litem YVONNE GOMEZ; ALBERT GONZALES, an individual; CYNTHIA GONZALES, an
27 individual; CIONY GONZALEZ, an individual; RUTH GONZALEZ, an individual; TIFFINI
28 GRICE, an individual; RENEE GRIFFEY, an individual; REBECCA GRISSOM, an individual;
76
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 CANDICE GRIZZELL, an individual; ANGELICA GUERRA, an individual; ANNETTE
2 GUTIERREZ, an individual; IRMA GUTIERREZ, an individual; DANNY GUTIERREZ JR., an
3 individual; KIMBERLY GUTIERREZ, an individual; MARTIN GUTIERREZ, an individual;
4 RICHARD GUTIERREZ, an individual; ROBERT GUTIERREZ, an individual; ROBERTO
5 GUTIERREZ, an individual; LAURA GUZMAN, an individual; LAURA GUZMAN, an
6 individual; LORI GUZMAN, an individual; BILL Y RAY HAMMONS, an individual;
7 CHRISTOPHER HAMMONS, an individual; DAVID· HAMMONS, an individual; JAMES
8 HAMMONS, an individual; JAMES HAMMONS, an individual; PATSY HAMMONS, an
9 individual; ADRIAN HEREDIA, an individual; ROBERT HERMAN IV, an individual; ROBERT
10 HERMAN V, a minor by and through his Guardian Ad Litem GLORIA BEDOLLA;
11 CHRISTIAN HERNANDEZ, a minor by and through his Guardian Ad Litem YOLANDA
12 REYNOSO; NELMA HERNANDEZ, an individual; CHRISTINE HERRERO, an individual;
13 AMBER HIBBERT, a minor by and through her Guardian Ad Litem DEBORAH lIIBBERT;
14 CLIFTON HIBBERT, an individual; DEBORAH HIBBERT, an individual; DUAYNE
15 HIBBERT, a minor by and through his Guardian Ad Litem DEBORAH HIBBERT; JAEDEN
16 HIBBERT, a minor by and through her Guardian Ad Litem DEBORAH HIBBERT; TROY
17 HIBBERT, an individual; CARYN HOOPINGARNER, an individual; ALBERT HUERTA JR.,
18 an individual; ALFONSO IBANEZ, an individual; lONE INFANT ADO, an individual; APRIL
19 INGRUM, an individual; ALFREDO IZMAJTOVICH, an individual; EVAN IZMAJTOVICH, a
20 minor by and through his Guardian Ad Litem ALFREDO R IZMAITOVICH; MILDRED
21 JACKSON, an individual; RENARTA JACKSON, an individual; DECELY JARAMILLA, an
22 individual; HAILEY JARAMILLA, a minor by and through her Guardian Ad Litem MARVIN i·t
! 23 JARAMILLA; MARVIN JARAMILLA, an individual; EDNA JARVIS, an individual; SHYRA
24 JENKINS-JACKSON, an individual; DAVID KANE, an individual; GEORGIANNA KANE, an
25 individual; AMIT KAPOOR, an individual; GEHNA KAPOOR, a minor by and through her
26 Guardian Ad Litem AMIT KAPOOR; TANI KAPOOR, an individual; YAMYA KAPOOR, a
27 minor by and through her Guardian Ad Litem AMIT KAPOOR; TRESIA LA PLATNEY, an
28 individual; EILEEN LAKIN, an individual; ALMA LARA-SANCHEZ, an individual;
77
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 FREDERICK JOHN LAXA, an individual; ANGEL LAZCANO, a minor by and through his
2 Guardian Ad Litem DENISE LAZCANO; ROSIE LEAL, a minor by and through her Guardian
3 Ad Litem ROSIE ARVIZU; MARTIN LEON, an individual; ANITA LISING, an individual;
4 LEKISA LITTLE, an individual; ANTHONY LOPEZ, a minor by and through his Guardian Ad
5 Litem VANESSA M. LOPEZ; JOHNNY LOPEZ, an individual; DAVID LOPEZ JR., an
6 individual; KATRINA LOPEZ, a minor by and through her Guardian Ad Litem VANESSA M.
7 LOPEZ; OLIVIA LOPEZ, a minor by and through her Guardian Ad Litem VANESSA LOPEZ;
8 RICHARD LOPEZ, an individual; SAMANTHA LOPEZ, a minor by and through her Guardian
9 Ad Litem JOHNNY LOPEZ; VANESSA LOPEZ, an individual; INGRID LOPEZ-ALVARADO,
10 an individual; ALFRED MADRID, an individual; BRITTANY MADRID, an individual; LOUIS
11 MADRID JR. , an individual; MARTHA MADRID, an individual; MELORIE MADRID, an
12 individual; ADAM MAGANA, an individual; TERRY MAGGAY, an individual; ANAGIRLlE
13 MANALESE, an individual; MICAH MANALESE, a minor by and through her Guardian Ad
14 Litem MICHAEL MANALESE; MICHAEL MANALESE, an individual; MICHEL
15 MANALESE, a minor by and through his Guardian Ad Litem MICHAEL MANALESE; RUTH
16 MARIN, an individual; SALVADOR MARTINEZ III, an individual; IVAN MARTINEZ, an
17 individual; JOSE MARTINEZ, an individual; LISA MARTINEZ, an individual; MAGILAC
18 MARTINEZ, an individual; MARlA MARTINEZ, an individual; MAURICIO MARTINEZ, an
19 individual; MIGUEL MARTINEZ, an individual; PAUL MARTINEZ, an individual; ROBERT
20 MARTINEZ, an individual; SALVADOR MARTINEZ, an individual; GLORIA MARTINEZ-
21 RIVERA, an individual; DENNIS MASCARDO, an individual; GEO MCCALIP, an individual;
22 ROBERT MCCALIP, an individual; MAX MCCARTY, an individual; AIDAN MCLURE, a
23 minor by and through his Guardian Ad Litem LAURA CHAVEZ; GLORIA MELGOZA, an
24 individual; ISABELLA MENZEL, a minor by and through her Guardian Ad Litem KELLY
25 BERGEN; SAMANTHA MENZEL, a minor by and through her Guardian Ad Litem KELLY
26 BERGEN; ANGELES MERCADO, an individual; CARMELITA MERCADO, an individual;
27 NELIA MERCADO, an individual; CRISTINA MINJAREZ, an individual; RACHEL
28 MITCHELL, an individual; MICHAEL MITOMA, an individual; ESAU MOAALIITELE, a
78
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
,!
1 mmor by and through his Guardian Ad Litem GEORGIANNA KANE; IAKOPO
2 MOAALIITELE, a minor by and through his Guardian Ad Litem GEORGIANNA KANE;
3 LEMAUOSAMOA MOAALIITELE, a minor by and through his Guardian Ad Litem
4 GORGIANNA KANE; LYDIA MONTOYA, an individual; NICK MONTOYA, an individual;
5 OLIVER MONTOYA, an individual; SORAYA MONTOYA-SONI, an individual; CURTIS
6 MOORE, an individual; HELEN MORA, an individual; ROY MORA JR, an individual; ROY
7 MORA SR., an individual; YVONNE MORA, an individual; SULTAN MUHAMMAD, an
8 individual; CHRISTIAN MURILLO, an individual; RAMON MURILLO, an individual;
9 Y AMILETH MURILLO, an individual; AMANDA NABA Y AN, an individual; CELIA
10 NABAYAN, an individual; EDWARD NABAYAN JR, an individual; VALENTINA
11 NAB A YAN, an individual; THELMA NARVAEZ, an individual; RICHARD NAVAL, an
12 individual; JAQUELLINE NAVARRO, an individual; MARC NGUYEN, an individual; MINH
13 BRIAN NGUYEN, an individual; ELIZARDO NOMBRADO, an individual; JOBERT
14 NOMBRADO, a minor by and through his Guardian Ad Litem MARY JEAN NOMBRADO;
15 MARY JEAN NOMBRADO, an individual; BARBARA NORWOOD, an individual;
16 CAMERON NORWOOD, an individual; CANDACE NORWOOD, a minor by and through her
17 Guardian Ad Litem CAMERON A. NORWOOD; JADA NORWOOD, a minor by and through
18 her Guardian Ad Litem BARBARA NORWOOD; MARTIN NUNEZ, an individual; MICHELLE
19 NUNEZ, an individual; NICHELLE NUNEZ, an individual; NICO NUNEZ, an individual;
20 CELIA OCHOA, an individual; I-lECTOR OCHOA, an individual; LUIS OCHOA, an individual;
21 ROSE MARY OCHOA, an individual; KEANE OKAMOTO, an individual; KERRIE
22 OKAMOTO, an individual; LEINI OKAMOTO, a minor by and through her Guardian Ad Litem
23 KEANE OKAMOTO; JERMAINE ONWUBERE, an individual; YOLANDA ONWUBERE, an
24 individual; RICARDO ORTEGA JR. , an individual; LAWRENCE ORTEGA, an individual;
25 LEONARD ORTEGA, an individual; LORRAINE ORTEGA, an individual; LUPE ORTEGA, an
26 individual; RICARDO ORTEGA, an individual; RICHARD ORTEGA, an individual; TARA
27 ORTEGA, a minor by and through her Guardian Ad Litem RICARDO ORTEGA JR.; ERICK
28 OSUNA, an individual; ISRAEL OSUNA, an individual; JOSE OSUNA JR., an individual;
79
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 MARIA OSUNA, an individual; NAOMI OSUNA, an individual; JACINTO PACHECO, an
2 individual; ESTELA PAGUIO, an individual; VICTOR PAGUIO, an individual; AGNA PANG,
3 an individual; PHILLIP PANTALEON, an individual; CHARLENE PATRIARCA, an individual;
4 SARAL YN PENNINGTON, an individual; ALEJANDRO PEREZ, an individual; DIANA
5 PEREZ, an individual; RALPH PEREZ, an individual; BOBBY PHILLIPS, an individual;
6 BOBBY PHILLIPS II, an individual; MAR-JANA PHILLIPS, a minor by and through her
7 Guardian Ad Litem BOBBY PHILLIPS; ROWENA PHILLIPS, an individual; ANDREW
8 PONCE, a minor by and through his Guardian Ad Litem VALERIE PONCE; MARIA PONCE,
9 an individual; MICHELLE PONCE, an individual; RENE PONCE, an individual; VALERIE
10 PONCE, an individual; AMANDA PORRAS, an individual; ARMANDO PORRAS, an
11 individual; ARMANDO PORRAS III, an individual; MARIA PORRAS, an individual;
12 CHRISTINA POSADA, an individual; ALEXANDRIA PRECIADO, a minor by and through her
13 Guardian Ad Litem VERONICA RIVAS; JESUS PRECIADO, a minor by and through his
14 Guardian Ad Litem VERONICA RIVAS; RACHEL QUIJADA, an individual; BAILEY
15 QUIMSON, a minor by and through his Guardian Ad Litem LESLIE QUIMSON; GLORIA
16 QUIMSON, an individual; ROLANDO QUIMSON JR., an individual; LESLIE QUIMSON, an
17 individual; PAUL QUIMSON, an individual; ROLANDO QUIMSON, an individual; DENVUR
18 RAMIREZ, a minor by and through his Guardian Ad Litem FREDERICK RAMIREZ; FRANKKI
19 RAMIREZ, a minor by and through his Guardian Ad Litem NATALIE RAMIREZ; JOHN
20 RAMIREZ, an individual; NATAL YN RAMIREZ, a minor by and through her Guardian Ad
21 Litem NATALIE RAMIREZ; TERESA RAMIREZ, an individual; THERESA RAMIREZ, an
22 individual; DENISE RAMIREZ-LAZCANO, an individual; PEARL REEDER, an individual;
23 MELISSA RESERVA, an individual; JEREMY REYES, a minor by and through his Guardian Ad
24 Litem ZERANDY REYES; JONATHAN REYES, an individual; JOSHUA REYES, a minor by
25 and through his Guardian Ad Litem ZERANDY REYES; TAYLOR REYES, .an individual;
26 MARY REYNOLDS, an individual; YOLANDA REYNOSO, an individual; ELIJIO RIJOS, an
27 individual; ERICK RIJOS- JR, a minor by and through his Guardian Ad Litem ELIJIO RIJOS;
28 VERONICA RIVAS, an individual; DEANNA RIVERA, an individual; ERNESTO RIVERA, an
80
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
P \1:
"j
1
'I I
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
individual; JAMES RIVERA, an individual; ANDREW RODRIGUEZ, an individual; ENRIQUE
RODRIGUEZ, an individual; FREDRICK RODRIGUEZ, an individual; HELEN RODRIGUEZ,
an individual; LEO ROEDER, an individual; NICHOLAS ROEDER, an individual; ROSE
ROEDER, an individual; SEBASTIAN ROEDER, an individual; IRIS ROMERO, an individual;
CAROLINA RON, an individual; VANESSA RON, an individual; DAMIAN ROSALES, an
individual; REGINALD ROSALES, an individual; ROSE ROTOR, an individual; DAVID
RUVALCABA, an individual; GINA RUVALCABA, an individual; JOSE RUVALCABA JR.,
an individual; JOSE RUV ALCABA- SR., an individual; VALERIE RUVALCABA, an
individual; CHRISTA SAENZ, an individual; CARRIE SAFFELL, an individual; JACOB
SAFFELL, a minor by and through his Guardian Ad Litem RAYMOND SAFFELL; LUKE
SAFFELL, a minor by and through his Guardian Ad Litem RAYMOND SAFFELL; RAYMOND
SAFFELL, an individual; STEPHANIE SALAS, an individual; MANUEL SANCHEZ, an
individual; ROBERT SANDOVAL, an individual; JADEN SA VONE, a minor by and through her
Guardian Ad Litem CANDICE MARIE GRIZZELL; ELIZABETH SCOTT, an individual;
FELIPE SEDILLOS, an individual; BARBARA SEGAUD, an individual; KARYN SETTLES, an
individual; CHANMALIN SEWELL, an individual; AMAN SHOOR, an individual; JASMINE
SILVA, an individual; JEREMY SILVA, an individual; JONATHAN SILVA, an individual;
JOSHUA SILVA, an individual; FREDA SMITH, an individual; THERESA STONE, an
individual; AARON SWAIN, a minor by and through his Guardian Ad Litem SHEILA SWAIN;
BRIAN SWAIN, an individual; JOSHUA SWAIN, a minor by and through his Guardian Ad
Litem SHEILA SWAIN; SHEILA SWAIN, an individual; KRISTY SY, an individual; DIANA
SZYSZKO, an individual; LINDA TANNER, an individual; CURTIS TATE, an individual;
JOSHUA TEJANO, a minor by and through his Guardian Ad Litem PERCIVAL V. TEJANO
JR.; PERCIVAL TEJANO JR., an individual; JULIAN TEJANO, a minor by and through his
Guardian Ad Litem PERCIVAL TEJANO JR.; MARIA CECILIA TEJANO, an individual;
JOANN TESTA, an individual; JA YDEN TIALA VEA, a minor by and through her Guardian Ad
Litem JESSICA A. YBARRA; MARIA TIANGCO, an individual; MELANIE TIANGCO, an
28 individual; THEODORE TIANGCO, an individual; ISABELITA TIANGO, an individual;
81
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 TEODORO TIANGO, an individual; ALICE TOWNSLEY, an individual; JUANITA VARELA,
2 an individual; LANETTE VARELA, an individual; PAUL VARELA, an individual; HEATHER
3 VARGAS, an individual; GILBERTO VASQUEZ, an individual; GEORGINA VELASQUEZ, an
4 individual; REANNA VIGIL, an individual; SUSAN VIGIL, an individual; TRINA VIGIL, an
5 individual; AMANDA VILLA, an individual; PEDRO VILLA, an individual; ERNIE
6 VILLARICO, an individual; YVONNE VILLARICO-FIERRO, an individual;. CESAR
7 VILLAVICENCIO, an individual; DAVID VILLAVICENCIO, an individual; GRACIELA
8 VILLAVICENCIO, an individual; CESAR VILLAVICENCIO III, an individual; JOSE
9 VILLAVICENCIO, an individual; CESAR VILLA VICENCIO JR., an individual; ARIANNE
10 VILLEGAS, an individual; CHRISTINA VILLEGAS, an individual; RAMONA VITA, an
11 individual; LILLY WALTERS, an individual; CHRISTINA WATTS, an individual; DELMAS
12 WATTS, an individual; GREGORY WILLIAMS, an individual; JOSHUA WILLIAMS, a minor
13 by and through his Guardian Ad Litem GREGORY WILLIAMS; SANDRA WILLIAMS, an
14 individual; BOBBIE WILSON, an individual; NORMAN WILSON JR., an individual; JIMETTE
15 WINGERT, an individual; KATHLEEN WINGERT, an individual; KATHLEEN I-I. WINGERT,
16 an individual; ROGER WINGERT, an individual; THOMAS WINGERT, an individual; LOUIS
17 WOOLDRIDGE, an individual; MAlA WOOLDRIDGE, a minor by and through hcr Guardian
18 Ad Litem LOUIS WOOLDRIDGE; MATTHEW WOOLDRIDGE, a minor by and through his
'19 Guardian Ad Litem LOUIS WOOLDRIDGE; RICHARD YAP, an individual; CLAUDIO
20 YBARRA, an individual; PATSY YBARRA, an individual; ANITA YRACHETA, an individual;
21 DANIEL YRACHETA, an individual; DANIELLE YRACHETA, a minor by and through her
22 Guardian Ad Litem ANITA YRACHETA; and MATTHEW YRACI-IETA, a minor by and
23 through his Guardian Ad Litem ANITA YRACHETA.
24 Wrongful Death PLAINTIFFS
25 29. The following PLAINTIFFS are the "Wrongful Death PLAINTIFFS" who in one
26 manner or another were legally related to decedents who live(d) and/or worked) in an area located
27 in close proximity, and/or on top of the KAST SITE: WILHELMINA ACOSTA, as survivor of
28 FELICITAS ACOSTA; WILHELMINA ACOSTA, as survivor of OLIVER ACOSTA; ROBERT
82
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 ALLEN,· as survIvor of WANDA ALLEN; MARIA ANDRADE, as survIvor of LOUIS
2 ANDRADE; SANDRA ANGHILERI, as survivor of INOCENCIO ANGHILERI; MALETA
3 ATUATASI, as survivor of SALINE LILIO; MARY BANUELOS, as survivor of NICOLAS A
4 CONTRERAS; MARY BANUELOS, as survivor of LASARO CONTRERAS; JAVIER
5 CARRERA- JR., a minor by and through his Guardian Ad Litem BESSIE LOPEZ; SARA
6 CROUSON, as survivor of JAMES MCAMIS; THELMA DELFIN, as survivor of FELICISTO
7 DOMINGUEZ; DEBORAH DEMING, as survivor of DAVID DEMING; MIGUEL
8 ECHEVARRIA, as survivor of MODESTA ECHEVARRIA; LUCILA EGBALIC, as survivor of
9 SOLOMON EGBALIC; RICHARD FAIR, as survivor of RITA FAIR; RUTH FELDT, as
10 survivor of JOHN FELDT; BEATRICE FOSTER, as survivor of WENDELL FOSTER; LINDA
11 GALLEGOS, as survivor of GAYLE OSBORNE; LINDA GALLEGOS, as survivor of
12 GREGORY OSBORNE; STACY GALLEGOS, as survivor of ARMANDO GALLEGOS;
13 SHIRLEY GATLIN, as survivor of JAMES GATLIN; MACEL GLICKMAN, as survivor of
14 EUGENE GLICKMAN; ARIANA GURROLA, as survivor of DONALD TRUJILLO;
15 MICHAEL GUTIERREZ, a minor by and through his Guardian Ad Litem VICTORIA POSADA;
16 SHIRLEY HAMILTON, as survivor of JAMES HAMILTON; ENRIQUE HERNANDEZ, as
17 survivor of OLGA HERNANDEZ; JERRY JELENIC, as survivor of RUZICA MANJGOTIC;
18 EILEEN LAKIN, as survivor of LAWRENCE DUNCAN; EILEEN LAKIN, as survivor of
19 MARK DUNCAN; JENNIFER LEON, a minor by and through her Guardian Ad Litem
20 PRAXEDES LEON; MARTIN LEON, a mmor by and through his Guardian Ad Litem
21 PRAXEDES LEON; MARTIN LEON, as survivor of LUIS LEON; JUAN LLANES, as survivor
22 of GILDA LLANES; KEIKO LOMIBAO, as survivor of CESAR LOMIBAO; GIGI LORESCO,
23 as survivor of MELANIO LORESCO- JR.; JESSE LOWREY, as survivor of ESTHER
24 LOWREY; TERRY MAGGA Y, as survivor of FRANCIS MAGGA Y; TERRY MAGGA Y, as
25 survivor of PETE MAGGAY; TERRY MAGGAY, as survivor of SIXTO UNANA; GIL
26 MAGNO, as survivor of BONIFACIO MAGNO; LISA MARTINEZ, as survivor of RAUL
27 MADRID; CARLA MCCAGUE, as survivor of ROBERT ELMENDORF; CARLA MCCAGUE,
28 as survivor of CARL ELMENDORF JR.; CARLA MCCAGUE, as survivor of MARY
83
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 ELMENDORF; DAVID MCEWAN, as survivor of ADELAIDE MCEWAN; OPAL
2 MCKINNEY, as survivor of DAVE MCKINNEY; MERV MYERS, as survivor of MARY
3 MYERS; CARMEN OGDEN, as survivor of JOSE OCHOA; ELIZABETH PACHECO, as
4 survivor of ROBERT PACHECO; ESTELA PAGUIO, as survivor of JOSE ALVIN PAGUIO;
5 STEPHANIE PEREZ, as survivor of RAMONA GANTEAUNE; WENDY PETROUSKl, as
6 survivor of ARNOLD YOSHIZAWA; KATHLEEN PONCE, as survivor of GENEVIEVE
7 ALLINGHAM-BRAY; KATHLEEN PONCE, as survivor of JOSEPH BRAY; YOLANDA
8 REYNOSO, as survivor of DAMIAN IBARRA; SARA RIVAS, as survivor of AARON RlV AS;
9 RICHARD RIVERS IV, a minor by and through his Guardian Ad Litem YVONNE MORA;
10 KATHLEEN ROBLES, as survivor of SENORINO ROBLES; NATALIA RODRIGUEZ, as
11 survivor of DANIEL RODRIGUEZ; LEONIDA SALUD, as survivor of EVANGELINO
12 SALUD; SALLY SANCHEZ, as survivor of GILBERT SANCHEZ; GEORGE SA YRE-SMITI-I,
13 as survivor of HELEN SMITH; SHEILA SULU, as survivor of FEMUSUAI TUPUA; SHEILA
14 SULU, as survivor of WALLACE TUPUA; TERESITA TAN, as survivor of PURl FICA CION
15 MERCADO; REGINA TAYLOR, as survivor of CARLOS MURO; and SHARLA TAYLOR, as
16 survivor of RITA BOYCE.
17 30. As mentioned above, the names, addresses, date and manner of discovery of the
18 contamination for each individual PLAINTIFF are attached hereto as Appendix "1".
19 31. Moreover, PLAINTIFFS have suffered foreseeable injury and damage as a
20 proximate result of DEFENDANTS' actions and failure to act in that PLAINTIFFS' real and
21 personal property has been damaged and/or trespassed upon. PLAINTIFFS' property rights have·
22 been violated, and the value of PLAINTIFFS' homes have been adversely affected.
23 THE DEFENDANTS
24 32. Defendant SHELL OIL COMPANY doing business as SHELL OIL PRODUCTS
25 COMPANY LLC (collectively referred to herein as "SHELL") is a corporation conducting
26 substantial business in the State of Cali fomi a, County of Los Angeles.
27 \\\
28 \\\
84
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 33. Defendant OCEANIC PROPERTIES INC ("OCEANIC") was a corporation, duly
2 organized and existing under and by virtue of the laws of the State of Hawaii, and conducting
3 business within the State of California.
4 34. Defendant BARCLAY HOLLANDER CORPORATION ("BARCLAY") was a
5 corporation, duly organized and existing under and by virtue of the laws of the State of California,
6 and conducting business within the State of California.
7 35. Defendant CASTLE & COOKE CALIFORNIA, INC ("C&C CA") was a
8 corporation, duly organized and existing under and by virtue of the laws ofthe State of California,
9 and conducting business within the State of California.
10 36. Defendant CASTLE & COOKE, INC. ("C&C") was a corporation, duly organized
11 and existing under and by virtue of the laws of the State of Hawaii, and conducting business
12 within the State of California.
13 37. Defendant COMSTOCK,. CROSSER & ASSOCIATES DEVELOPMENT
14 COMPANY, INC ("COMSTOCK") is a corporation, duly organized and existing under and by
15 virtue of the laws of the State of California, and conducting businesses in California. Defendant
16 COMSTOCK is a party to the complaint filed by the MONTEREY PINES DEVELOPMENT
17 PLAINTIFFS.
18 38. Defendant DOLE FOOD COMPANY, INC. ("DOLE") was a corporation, duly
19 organized and existing under and by virtue of the laws of the State of a Delaware, and conducting
20 business within the State of California.
21 39. PLAINTIFFS are informed and believe, and thereon allege, that Defendant DOES 1
22 through 500, inclusive, and each of them, are corporations or other entities andlor individuals
23 organized and existing under and by virtue of one of the states of the United States, or by a
24 foreign state andlor country, and authorized to do business and doing business in the State of
25 California. PLAINTIFFS are ignorant of the true names and capacities, whether individual,
26 corporate, associate or otherwise, of the Defendants sued herein as DOES 1 through 500,
27 inclusive, and therefore sue said Defendants by such fictitious names. PLAINTIFFS allege that
28 each of the Defendants, DOES 1 through 500, inclusive, are tortiously responsible in some
85
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I manner for the damages hereinafter alleged in that said damages were proximately caused by such
2 Defendants herein. PLAINTIFFS will amend this complaint to show the true names of DOES I
3 though 500 when such are ascertained. Said Defendants are sued as principals, and all of the acts
4 performed by them as agents, servants, successors in interest, and employees were performed
5 within the course and scope of authority and employment.
6 40. PLAINTIFFS are ignorant of the names and/or identities of the Defendants sued
7 herein as Does SOl through 1000, inclusive. Defendants sued herein as DOES SOl through 1000,
8 inclusive are as of yet unknown nominal defendants who are the legal heirs of decedents identified
9 herein. These individuals are nominal defendants pursuant to California Code of Civil Procedure §
10 377.61.
II 41. Each of the DEFENDANTS was the agent, joint venturer, or employee of each of
12 the remaining DEFENDANTS, and in doing the things hereinafter alleged, each was acting within
13 the course and scope of said agency, employment, or joint venture with the advance knowledge,
14 acquiescence, or subsequent ratification of each and every remaining Defendant.
IS 42. PLAINTIFFS are informed and believe that each of the DEFENDANTS are
16 responsible, negligently, intentionally and/or in some actionable manner, including as corporate
17 successor liable for the acts of its predecessor, for the events and happenings referred to herein,
18 and caused and continue to cause injuries and damages legally to PLAINTIFFS, as alleged, either
19 through each DEFENDANTS' own conduct, or through the conduct of its agents, servants or
20 employees, or due to the ownership, maintenance or control of the instrumentality causing them
21 injury, or in some other actionable manner.
22 FACTUAL ALLEGATIONS
23 Toxic and Ultra-Hazardous Effects and Properties of Benzene, Methane, Benzo(a)pyrene and
24 Naphthalene
25 43. PLAINTIFFS are informed and believe and thereon allege that benzene is a
26 recognized carcinogen that poses severe health risks to anyone who is exposed to it. There is also
27 a scientific causal link between benzene and leukemia. Additional causal links have been found
28 between other diseases of the blood and blood-fonning systems, including mUltiple myeloma and
86
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 Non-Hodgkin's Lymphoma. Moreover, exposure to benzene can also weaken the immune and
2 central nervous system causing a greater susceptibility to infection and illness.
3 44. PLAINTIFFS are informed and believe and thereon allege that the toxic and ultra-
4 hazardous properties of benzene have been well documented and known to the oil and gas
5 industries (including the SHELL DEFENDANTS) for over a century. In fact, the first reports of
6 fatal blood disorders caused by benzene exposure appeared in scientific literature as early as the
7 1890s. As early as 1948, the American Petroleum Institute ("API") published the guideline that
8 the only absolutely safe level of exposure to benzene was 0%. Epidemiological studies and
9 evidence during the 1970's confirmed that exposure to benzene was a cause of acute myelogenous
10 leukemia.
11 45. PLAINTIFFS are infonned and believe and thereon allege that benzene was also
12 placed on the list of chemicals known to the State of California to cause cancer on February 27,
13 1987. To date, further scientific studies have demonstrated that even low-level benzene exposure,
14 even when the exposure is for a relatively short duration, can lead to blood disease and leukemia
15 risk.
16 46. PLAINTIFFS are informed and believe and thereon allege that exposure to benzene
17 can cause drowsiness, dizziness and unconsciousness. Long-term exposure causes effects on the
18 bone marrow and can cause anemia and leukemia. Dissolved benzene concentrations in
19 groundwater at the KAST SITE remain at concentrations in excess of the maximum contaminant
20 level allowed by applicable regulations.
21 47. PLAINTIFFS are informed and believe and thereon allege that Benzo[a]pyrene
22 (C2oH12) is highly dangerous to humans and is mutagenic and highly carcinogenic. Pathways of
23 exposure include but are not limited to physical contact or through ingestion through the ambient
24 air. Benzo[a]pyrene causes a myriad of diseases belongs to a class of compounds known as
25 benzopyrenes, which consist of a benzene ring fused to a pyrene molecule. Benzo[ a ]pyrene was
26 determined in 1933 to be the component of chemicals responsible for the first recognized
27 occupation-associated cancers. In the 19th century, high incidences of skin cancers were noted
28 among fuel industry workers. By the early 20th century, the toxicity of benzo[a]pyrene was
87
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 demonstrated when malignant skin tumors were produced in laboratory animals.
2 48. PLAINTIFFS are informed and believe and thereon allege that the petroleum
3 industries, including the SHELL DEFENDANTS knew of the mutagenic and carcinogenic
4 qualities of Benzo[a]pyrene as early as the 1920's.
5 49. PLAINTIFFS are informed and believe and thereon allege that Benzo[a]pyrene has
6 been found all over the CAROUSEL HOUSING TRACT during various sampling events in 2009
:1 7 and 2010 conducted by the SHELL DEFENDANTS, by and through their agents DRS. Residents ~ I
i 8 have been warned by the SHELL DEFENDANTS not to come into contact with the soil at their
9 relative properties.
10 DEFENDANTS' Operational History at the KAST SITE
11 50. PLAINTIFFS are informed and believe and thereon allege that SHELL operated a
12 facility that included a tank farm on a site in Carson California from approximately 1922 until in
13 or around 1966. Among other things, this 50 acre facility housed three tanks and drainage fields
14 within a tract of land in the City of Carson between what is now Panama Street to the east,
15 Marbella Street to the west, Lomita Street to the south and 244th Street to the north.
16 51. PLAINTIFFS are informed and believe and thereon allege that the process by which
17 SHELL conducted operations at the KAST SITE has the effect of releasing and emitting those
18 toxic chemicals and hazardous substances, including but not limited to benzene, a known human
19 carcinogen, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste into the, ground, air
20 and surrounding environment.
21 52. PLAINTIFFS are infonned and believe and thereon allege that DEFENDANTS
22 negligently conducted operations at the KAST SITE, failing to disclose their negligent use and
23 illegal dumping of toxic chemicals including but not limited to benzene, methane,
24 benzo(a)pyrene, naphthalene and oil tank bottom waste. Further, DEFENDANTS caused said
25 toxic chemicals to remain at the KAST SITE and surrounding neighrbohoods where they were
26 breathed, ingested, or otherwise contacted by members of the communities including
27 PLAINTIFFS.
28
88
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 DEVELOPER DEFENDANTS Create CAROUSEL HOUSING TRACT, But SHELL
2 DEFENDANTS Retain Control of Sub-Surface Oil, Gase & Mineral Rights and Abutting
3 Easements
4 53. PLAINTIFFS are infonned and believe and thereon allege that on or around the mid
5 1960's, Defendant BARCLAY HOLLANDER CORPORATION (also doing business at the time
6 as "Barclay Hollander Curci, Inc.") developed a housing tract on the KAST SITE that came to be
7 known as the "Carson Carousel" whereupon approximately 275 homes were built. (hereinafter
8 referred to as the "CAROUSEL HOUSING TRACT".) The SHELL DEFENDANTS retained
9 control of portions of the KAST SITE through certain easements surrounding the property along
10 with retaining oil, mineral and gas rights 500 feet below the surface, establishing control within
11 the meaning of Code of Civil Procedure section 337.15, subdivision (e).
12 54. PLAINTIFFS are informed and believe and thereon allege that Defendant
13 OCEANIC, a subsidiary of the CASTLE & COOKE DEFENDANTS, acquired and assumed
14 BARCLAY in or around 1969.
15 55. PLAINTIFFS are infonned and believe and thereon allege that when the Developer
16 DEFENDANTS developed a portion of the KAST SITE, crude oil tank bottom waste, consisting
17 of sediment and water, was present in the tanks.
18 State Testing Reveals Hazardous Levels of Toxins at the KAST SITE
19 56. The California Department of Toxic Substances Control ("DTSC") began testing for
20 toxic chemicals in the area in or around 2008 at an adjacent site to the west of the CAROUSEL
21 HOUSING TRACT that was once occupied by TURCO PRODUCTS, DIV PUREX CORP
22 ("TURCO") located at Sepulveda Boulevard and Main Street.
23 57. In or around May of 2008, the DTSC found hazardous levels of toxins, notably
24 benzene, in the soil and groundwater underneath the TURCO facility.
25 58. The DTSC began work with the Regional Water Quality Control Board
26 ("RWQCB") and found that because the TURCO facility did not have a history of using
27 significant amounts of hydrocarbons, further investigation pointed to contamination left over by
28 oil from the former SHELL tank farm (the aforementioned "KAST SITE") located underneath the
89
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 CAROUSEL HOUSING TRACT. This oil had migrated underground to the adjacent TURCO
2 property.
3 59. The DTSC and the RWQCB then wished to conduct Soil Vapor Extraction (SVE) at
4 the CAROUSEL HOUSING TRACT site for interim measures.
5 DEFENDANT SHELL Initially Fails to Comply with the RWQB's Request and Later
6 Discovers Toxic Chemicals Through Its Own Testing
7 60. On or around May 8, 2008, the RWQB issued a California Water Code 13267 letter
8 request a work plan from SHELL. Letters written pursuant to this section allow the RWQB to
9 require businesses or other parties to submit technical reports on water quality matters.
10 Compliance with these requests is mandatory, and non-compliance can lead to penalties.
II 61. SHELL's response to this letter was inadequate and on or around October 1, 2008 a
12 second California Water Code 13267 letter with stronger language and requesting a more detailed
13 work plan.
14 62. On or around April 20, 2009, the RWQB issued SHELL a Notice of violation for
15 failure to provide the work plan ("NOV") because of SHELL's lack of compliance with the
16 RWQB's requests.
17 63. In or around June 2009, SHELL finally complied with the RWQCB requests and it
18 issued a work plan for the CAROUSEL HOUSING TRACT.
19 64. In or around August 2009, SHELL began testing the soil underneath the common
20 road areas located inside the CAROUSEL HOUSING TRACT. This testing was overseen by the
21 RWQCB and conducted at 73 separate locations.
22 65. The SHELL testing found significant levels of benzene at 66 out of the 73 locations
23 within the CAROUSEL HOUSING TRACT. These levels ranged from ten (10) times the
24 recommended California Human Health Screening Level ("CHHSL") for Benzene to one hundred
25 thousand (100,000) times the CHHSL level. (See Table "2".)
26
27
28
90
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 66.
'"~r-··"'·' '"" () >10 x CHHSL
~ O>l00~r;fjHSl
_ ". l,O{)O x C~IHSL
• • >lon.OOIl
hnag"'Y ['om 2000
, ,
Table "2" -Depicting Benzene Concentration
Moreover, other toxic chemicals were found at these locations. These included, but
:) 24 are not limited to Methane, Cyclohexane, Ethylbenzene, Trimethylbenzene, 1,3-Dichlorobenzene, '.;
:i 25 Tetrachloroethylene (Pee), Toluene, Xylene and Chloroform. (See Table "3".) PLAINTIFFS are 'I ,: 26 informed and believe that additional compounds detected at the KAST SITE include but are not !
27 limited to the following: 1,1,1,2-Tetrachloroethane; 1,1 , I-Trichloroethane; 1,1,2,2-
28 Tetrachloroethane; 1,1,2-Trichloro-I ,2,2-trifluoroethane; 1,1,2-Trichloroethane; 1,1,2-
91
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 Trichlorotrifluoroethane (F1l3); 1,1,3,5-Tetramethylcyclohexane; 1,1-Dich10roethane; 1,1-
2 Dichloroethene; 1,1-Difluoroethane; 1,2,3,4-Tetramethylbenzene; 1,2,3-Trichlorobenzene; 1,2,3-
3 Trich10ropropane; 1,2,4-Trichlorobenzene; 1,2-Dibromoethane; 1,2-Dichloro-1, 1 ,2,2-
4 tetrafluoroethane; 1,2-Dichlorobenzene; 1,2-Dichloroethane; 1,2-Dichloropropane; 1,3-Butadiene;
5 1,3-Dichlorobenzene; 1,4-Dichlorobenzene; 1,4-Dioxane; 1-Ethyl-2-methyl-benzene; 1-Methyl-3-i i 6 propylbenzene; I-Methyl-4-(1-methylethyl)-benzene; I-Methylethyl benzene; 1-0ctene;
,j 7 2,2,4,6,6-Pentamethyl-heptane; 2,2,4-Trimethylpentane (Isooctane); 2,2-Dimethyl decane; 2,4,4-
" ,
I 8 Trimethyl-1-pentene; 2,4,6-Tribromophenol; 2,4-Dinitrotoluene; 2,6,7-Trimethyl decane; 2,6-
9 Dimethyl undecane; 2-Butanone; 2-Chlorotoluene; 2-Ethyl-1,3-dimethyl-benzene; 2-
10 Fluorobiphenyl; 2-Fluorophenol; 2-Hexanone; 2-Methyl pentane; 2-Methy1butane; 3,6-Dimethyl
11 undecane; 3-Methyl undecane; 4,6-Dimethyl-undecane; 4-BFB (FID); 4-Bromofluorobenzene; 4-
12 Chlorotoluene; 4-Ethyl-1,2-dimethyl-benzene; 4-Ethyltoluene; 4-Isopropyltoluene; 4-Methyl
13 undecane; 4-Methyl-2-pentanone; Acetone; alpha-Chlorotoluene; alpha-Methyl styrene; Arsenic;
14 Benzaldehyde; Benzene, 1-methyl-4-(1-methylethyl)-; Benzo(a)anthracene; Benzyl butyl
15 phthalate; bis-(2-Ethylhexyl)phthalate; Bromodichloromethane; Bromoform; Bromomethane;
16 Butane; Carbon tetrachloride; Chlorobenzene; Chloroethane; Chlorofonn; Chloromethane;
17 Chromium; Chromium, Hexavalent; cis-I,2-Dichloroethene; cis-1,3-Dich1oropropene;·
18 Cyclohexane, methyl-; Dibenzo(a,h)anthracene; Dibromochloromethane; Dibromofluoromethane;
19 Dibromomethane; Dichlorodifluoromethane; Dicthyl phthalate; Dimethyl phthalate; Di-n-butyl
20 phthalate; Heptadecane; Heptane; Hexachlorobutadiene; Hexadecane; Hexane; Indeno(1,2,3-
21 cd)pyrene; Isopropanol; Lead; m,p-Xy1enes; Methane; Methyl cyclohexane; Methylene chloride;
22 Methylene chloride (Dichloromethane); Methy1-tert-butyl ether (MTBE); n-Butylbenzene; n-
23 Nitrosodiphenylamine; Nonadecane; Octacosane; Pentadecane; Pentane; Potassium; Propylene;
24 Styrene; Sulfate; tert-Buty1 alcohol (TBA); Tetrachloroethene (PCE); Tetradecane;
25 Tetrahydrofuran; Thallium; trans-l ,2-Dichloroethene; trans-1,3-Dichloropropene; Trichloroethene
26 (TCE); Trichlorofluoromethane; Tridecane; Undecane; Vinyl acetate; Vinyl chloride; Xylene,
27 Isomers m & p; and Xylenes. DEFENDANTS failed to disclose the presence of any of these
28 compounds to PLAINTIFFS, despite actual or constructive knowledge that injury was a probable
92
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 result of the danger and while consciously failing to act to avoid the dangers presented to
2 PLAINTIFFS.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 67. These toxic chemicals have damaged and continue to damage PLAINTIFFS' health
27 and property.
28
93
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 DEFENDANTS Engage in Ultra Hazardous Activities at the KAST SITE
2 68. PLAINTIFFS are informed and believe that DEFENDANTS have known or should
3 have known that the KAST SITE contained hazardous and toxic levels of benzene and other toxic
4 substances, including methane, benzo(a)pyrene, naphthalene and oil tank bottom waste.
5 69. PLAINTIFFS allege that DEFENDANTS engaged, and continue to engage, in ultra
6 hazardous activities at the KAST SITE, including but not limited to the use, handling, storage,
7 production, emission, release and/or discharge of toxic and hazardous materials, including
8 benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste, into the air and
9 environment at and around the KAST SITE.
10 70. Specifically, among other activities at the KAST SITE, the SHELL defendants and
11 Does 1-1000, deliberately and intentionally maintained and left behind large deposits of toxic
12 chemicals and hazardous substances at the KAST SITE as part of their operation and eventual
13 closing of the facility, resulting in oil tank bottom waste. The KAST SITE contains substantial
14 and various toxic chemicals including but not limited to benzene, methane, benzo(a)pyrene,
15 naphthalene and oil tank bottom waste.
16 71. Additionally, Defendants OCEANIC PROPERTIES INC, BARCLAY
17 HOLLANDER CORPORATION, CASTLE & COOKE CALIFORNIA, INC., CASTLE &
18 COOKE CALIFORNIA, INC., CASTLE & COOKE, INC., and Does 1 through 1000 engaged in
19 ultra hazardous activities at the SITE, including but not limited to the use, handling, storage,
20 production, emission, release and/or discharge of toxic and hazardous materials into the air and
21 environment at and around the SITE during the development of dwelling homes that was to
22 become known as the CAROUSEL HOUSING TRACT. The process by which the CAROUSEL
23 HOUSING TRACT was developed had the effect of releasing and emitting toxic chemicals and
24 hazardous substances, including but not limited to benzene, methane, benzo(a)pyrene,
25 naphthalene and oil tank bottom waste, into the air, ground and surrounding environment.
26 DEFENDANTS Were Aware of the Hazards Arising From Their Conduct
27 72. PLAINTIFFS are informed and believe and thereon allege that the SHELL
28 DEFENDANTS had been aware for many years that the CAROUSEL HOUSING TRACT was
94
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 built upon the aforementioned tanks. Benzene, methane, benzo(a)pyrene, naphthalene and oil
2 tank bottom wastewere transferred into the surrounding neighborhood where they are inhaled,
3 ingested, or otherwise contacted by people living and working in the community, including
4 PLAINTIFFS.
5 73. Air, land and groundwater contaminated by the SHELL DEFENDANTS' activities
6 at the KAST SITE have migrated for years, and continue to spread to surrounding neighborhoods,
7 at levels in excess of California regulatory limits. Over 300 people reside within the CAROUSEL
8 HOUSING TRACT that is affected and contaminated by SHELL DEFENDANTS' emissions of
9 benzene, mcthane, benzo(a)pyrene, naphthalene and oil tank bottom waste. Hundreds of pcople
10 living, working or otherwise present in the area surrounding the SITE and the have becn exposed
11 to, inhaled or otherwise ingested and/or contacted benzene, methane, benzo(a)pyrene, naphthalene
12 and oil tank bottom waste emitted from the KAST SITE, which has caused them personal injury
13 and will continue to cause them increased risk of personal injury in the future. Further, such acts
14 obstruct PLAINTIFFS' free use and enjoyment of their properties in that fugitive emissions and
15 other matter that is blown and/or transported by surface or groundwatcr across the surrounding
16 communities is breathed, ingested, or otherwise contacted by members of the communities, and is
17 deposited on and in the real and personal property of the surrounding communities causing
18 physical damage to such property.
19 74. PLAINTIFFS are informed and believe and thereon allege that the SHELL
20 DEFENDANTS, due to the nature of their respective industries, had been aware for many years of
21 the hazards at the SITE which posed a significant and probable risk of injury to the public,
22 including PLAINTIFFS. Despite such superior knowledge of these hazards and likely injury to
23 individuals such as PLAINTIFFS, the SHELL DEFENDANTS failed to disclose their knowledge
24 and/or take any actions to warn subsequent purchasers of the toxic chemicals.
25 75. PLAINTIFFS are informed and believe and thereon allege that the developer
26 DEFENDANTS fraudulently and willfully failed to disclose to subsequent purchasers that
27 SHELL had operated facilites on the land.
28 76. As a result of DEFENDANTS' conduct in connection with their. facilities at the
95
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 KAST SITE, PLAINTIFFS have suffered and will continue to suffer from great physical, mental
2 and nervous pain and suffering, including fear of cancer. PLAINTIFFS have incurred the costs of
3 medical treatment, and are informed and believe that they will be compelled to seek further
4 treatment in the future for care of injuries sustained as a direct result of DEFENDANTS' conduct.
5 77. As a further result of DEFENDANTS' conduct in connection witli. their facilities at
6 the KAST SITE, PLAINTIFFS have suffered and will continue to suffer damage to their real and
7 personal properties, including but not limited to diminution in the value of PLAINTIFFS'
8 properties and PLAINTIFFS' past, present and future loss of use and enjoyment of their
9 properties.
10 78. Additionally, as a result of DEFENDANTS' improper use and maintenance of the
11 KAST SITE and DEFENDANTS' deliberate and intentional release, disposal and/or emission of
12 benzene, methane, benzo(a)pyrene, naphthaleneand oil tank bottom waste on and around the
13 KAST SITE, these chemicals have migrated and continues to migrate into the surrounding
14 neighborhoods and onto properties owned, occupicd and controlled by residents of the
15 surrounding communities, and causing such properties to be contaminated and damaged.
16 79. PLAINTIFFS are informed and believe and thereon allege that the contamination
17 caused by DEFENDANTS was not the result of any latent deficiency in any improvement to the
18 property, or of the design, spccification, surveying, planning, supervision, or observation of
19 construction or construction of any improvemcnt to or survey of the property, within the meaning
20 of Code of Civil Procedure section 337.15. Further, PLAINTIFFS are informed and believe and
21 thereon allege that the contamination or toxic substances arising from the presence of benzene,
22 methane, benzo(a)pyrene, naphthalene and oil tank bottom waste, and not the tanks upon the
23 KAST SITE themselves, caused the damage to the KAST SITE.
24 80. Moreover, DEFENDANTS acted fraudulently by concealing and deceiving
25 PLAINTIFFS about DEFENDANTS' release of toxic substances from the KAST SITE, and the
26 existence of such toxic substances, including the known human carcinogen benzene, methane,
27 benzo(a)pyrene, naphthalene and oil tank bottom waste, in the air, groundwater, surface and
28 subsurface soil and environment, were willful, malicious, intentional, and undertaken with a
96
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 conscious disregard for the rights and safety of the PLAINTIFFS. DEFENDANTS' fraudulent,
2 willful, malicious and intentional acts have caused PLAINTIFFS to suffer great harm.
3 81. PLAINTIFFS are informed and believe and thereon allege that no prior owners
4 other than the DEVELOPER DEFENDANTS had actual or constructive knowledge of the
5 contamination. Further, the DEVELOPER DEFENDANTS deliberately concealed the
6 contamination from all purchasers and subsequent purchasers.
7 82. Despite being required by law to do so, DEFENDANTS failed to disclose to the
8 public, including PLAINTIFFS, that inhalation, ingestion, or other dermal contact of or with
9 benzene, methane, benio(a)pyrene, naphthalene and oil tank bottom waste and other toxic
10 substances emitted from the KAST SITE is carcinogenic to humans. Instead, DEFENDANTS
11 acted with the intent to deceive the PLAINTIFFS and to conceal from the PLAINTIFFS and the
12 community in the vicinity of the SITE of the danger to health and property created by
13 DEFENDANTS' conduct. DEFENDANTS' wrongful conduct was purposeful and deliberate, and
14 DEFENDANTS acted with conscious and reckless disregard of the hazards and threats to
15 PLAINTIFFS. DEFENDANTS' conduct was and is outrageous, willful, malicious and
16 intentional. DEFENDANTS have caused PLAINTIFFS great and irreparable harm. PLAINTIFFS
17 are therefore entitled to recover punitive or exemplary damages from the DEFENDANTS.
18 DEFENDANTS' Willful Miscondnct
19 83. DEFENDANTS' unlawful and tortious conduct alleged herein constituted "willful
20 misconduct" within the meaning of Code of Civil Procedure section 337.15, subdivision (f)
21 (though PLAINTIFFS do not concede that this statute is applicable here).
22 84. PLAINTIFFS are informed and believe and thereon allege that at all relevant times,
23 DEFENDANTS had actual and constructive knowledge of the peril resulting from breathing,
24 ingesting, or otherwise coming into contact with the toxic chemicals by members of the
25 communities, DEFENDANTS had actual and constructive knowledge that injury was a probable
26 result of the dangers as described herein, and DEFENDANTS consciously failed to act to avoid
27 the peril, causing injury to PLAINTIFFS.
28
97
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 DEFENDANTS' Fraudulent Concealment
2 85. This action is based on "fraudulent concealment" within the meaning of Code of
3 Civil Procedure section 337.15, subdivision (f) (though PLAINTIFFS do not concede that this
4 statute is applicable here).
5 86. PLAINTIFFS are informed and believe and thereon allege that at all relevant times,
6 DEFENDANTS failed to disClose material facts regarding the containment facility and the
7 contamination to purchasers of the property and the general public.
8 87. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS had
9 exClusive knowledge of these material facts and PLAINTIFFS could not reasonably discover
10 these facts.
11 88. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS
12 knew these material facts were not reasonably discoverable by others.
13 89. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS
14 acted with the intent to induce reliance by purchasers or subsequent purchasers who would and
15 did act in ignorance of the true facts; purchasers and subsequent purchasers were in fact induced
16 to act by reason of the DEFENDANTS' non-disclosure; and these purchasers and subsequent
17 purchasers suffered damages as a result.
18 FIRST CAUSE OF ACTION
19 NEGLIGENCE
20 (Against All Defendants and Does 1-1000)
21 90. PLAINTIFFS hereby reallege and incorporate by reference each and every
22 allegation herein above as if fully set forth in detail therein.
23 91. Defendants SHELL OIL COMPANY, doing business as SHELL OIL PRODUCTS
24 US, OCEANIC PROPERTIES INC, BARCLAY HOLLANDER CORPORATION, CASTLE &
25 COOKE CALIFORNIA, INC., CASTLE & COOKE CALIFORNIA, INC., CASTLE & COOKE,
26 INC., and Does 1 through 1000 ("DEFENDANTS") owned, occupied, operated and/or managed
27 the SITE where the CAROUSEL HOUSING TRACT is now located.
28 92. As owners and/or operators of the KAST SITE, DEFENDANTS were under a duty
98
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 to act reasonably and to exercise ordinary care and skill in use and management of the KAST
2 SITE so as to avoid subjecting others to unreasonable risk of danger or injury.
3 93. DEFENDANTS failed to use ordinary or reasonable care in conducting their
4 operations at the KAST SITE, including that, among other things, the DEFENDANTS improperly
5 maintained, used, stored, released, emitted and/or disposed of toxic chemicals, including benzene,
6 methane, benzo(a)pyrene, naphthalene and oil tank bottom waste, at the aforementioned KAST
7 SITE.
8 94. DEFENDANTS knew, or with the exercise of reasonable care and skill should have
9 known, that the tank farms and/or other materials produced and/or maintained at the KAST SITE
10 containcd and contains toxic substances, including benzene, methane, benzo(a)pyrene,
11 naphthalene and oil tank bottom waste.
12 95. DEFENDANTS knew, or with the exercise of reasonable care and skill should have
13 known, that their use, operation, and/or maintenance of the KAST SITE created an unreasonable
14 risk of harm to persons living and working at the KAST SITE and in the neighborhoods and
15 communities surrounding the KAST SITE.
16 96. DEFENDANTS knew or should have known that failure to use a reasonable degree
17 of care in their operations at the KAST SITE, including but not limited to manufacturing, storage,
18 release, disposal and/or testing of toxic chemicals, was causing and continues to cause air,
19 groundwater, surface and subsurface soil surrounding the KAST SITE to be contaminated with
20 toxic chemicals, including benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom
21 waste.
22 97. Among other things, DEFENDANTS knew, or with the exercise of reasonable care
23 and skill should have known, that allowing oil and or petrochemical substances to remain at the
24 KAST SITE would cause fugitive emissions of toxic substances, including benzene, methane,
25 benzo(a)pyrene, naphthalene and oil tank bottom waste, into the air and surrounding environment.
26 98. DEFENDANTS, and each of them, knew or should have known that fugitive
27 emissions would be inhaled, ingested, or otherwise contacted by persons living and working in the
28 surrounding communities, including PLAINTIFFS.
99
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 99. DEFENDANTS, and each of them, breached their duty when they failed to exercise
2 ordinary care and skill in their use and management of the KAST SITE so as to prevent and/or
3 reduce fugitive emissions of toxic chemicals, including but not limited to benzene, methane,
4 benzo(a)pyrene, naphthalene and oil tank bottom waste, into the air and surrounding environment.
5 DEFENDANTS failed to properly investigate, test, and/or remediate the SITE and their
6 surrounding neighborhoods.
7 100. DEFENDANTS did not ever warn the public, including the PLAINTIFFS, about
8 DEFENDANTS' conduct at the KAST SITE, or the risk of harm to PLAINTIFFS as a result of
9 DEFENDANTS' conduct at the KAST SITE, despite DEFENDANTS' superior knowledge about
10 such risk of harm. DEFENDANTS failed to warn, or to adequately warn, the past, present or
11 prospective residents of the neighborhoods surrounding the KAST SITE of the presence of toxic
12 substances, including but not limited to the human carcinogen, benzene, methane, benzo(a)pyrene,
13 naphthalene and oil tank bottom waste.
14 101. The acts of the DEFENDANTS, as herein alleged, constitute violations of the duty
15 of ordinary care and skill owed by DEFENDANTS to PLAINTIFFS. As a direct and proximate
16 result of DEFENDANTS' negligent acts and omissions, PLAINTIFFS have suffered and will
17 suffer from great physical, mental and nervous pain and suffering, including fear of cancer, past
18 and future pain and suffering, past and future mental anguish, psychological andlor emotional
19 injuries, loss of enjoyment of life, lost wages and future income, temporary and permanent
20 physical impairment, permanent disfigurement, medical monitoring, and/or their earning
21 capacities. PLAINTIFFS are informed and believe and thereon allege that they will be compelled
22 to seek further treatment in the future for care of injuries sustained as a direct and proximate result
23 of DEFENDANTS' negligence. PLAINTIFFS have incurred the costs of medical treatment, and
24 are informed and believe that they will continue incur such costs into the future. All of the above
25 damages will be established according to proof.
26 102. As a further direct and proximate result of DEFENDANTS' negligent acts and
27 omissions as herein described, PLAINTIFFS have suffered and will continue to suffer damage to
28 their real and personal properties, including but not limited to the diminution in value of
100
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 PLAINTIFFS' property values and stigma damages. All of the above damages will be established
2 according to proof.
3
4
SECOND CAUSE OF ACTION
NEGLIGENCE PER SE
5 DICKEY WATER POLLUTION ACT, FORMER WATER CODE §§ 13000-64 ET SEQ.
6 HEALTH & SAFETY CODE § 5411,
7 (Against All Defendants and Does 1-1000)
8 103. PLAINTIFFS hereby reallege and incorporate by reference each and every
9 allegation herein above as if fully set forth in detail therein.
10 104. During the time of the acts and omissions by DEFENDANTS, various statutes,
II ordinances and regulations existed regarding the use, testing, storage, handling, release and
12 disposal of hazardous substances and materials.
13 105. PLAINTIFFS are informed and believe and thereon allege that during the time of
14 the aforementioned acts and omissions by DEFENDANTS, DEFENDANTS failed to comply with
15 or adhere to applicable statutes, ordinances andlor regulations, and breached their statutory duties
16 of care regarding use, testing, storage, handling, release and disposal of such hazardous substances
17 and materials. DEFENDANTS' failure to comply with their statutory duties of care constitutes
18 negligence per se.
19 106. DEFENDANTS violated the provisions of the California Health & Safcty Code
20 § 5411, which provides that, "No person shall discharge sewage or other waste, or the effluent of
21 treated sewage or other waste, in any manner which will result in contamination, pollution or
22 nuisance," and which has been operative since 1949.
23 107. Emissions andlor discharges of toxic chemicals, including benzene, methane,
24 benzo(a)pyrene, naphthalene and oil tank bottom waste, migrated from the KAST SITE and
25 caused such toxic chemicals to enter into and contaminate the air, groundwater, soil, subsoil and
26 environment surrounding the KAST SITE .. DEFENDANTS violated California Health & Safety
27 Code § 5411 when, among other things, they improperly maintained, used, handled, stored,
28 released, emitted andlor disposed of toxic chemicals and substances, including benzene, methane,
101
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I benzo(a)pyrene, naphthalene and oil tank bottom waste, at the KAST SITE in the course of their
2 oil manufacturing operations.
3 108. DEFENDANTS violated the provisions of the Dickey Water Pollution Act, former
4 California Water Code § 13000 et seq., which provides in part that, "Any person proposing to
5 discharge sewage or industrial waste within any region, other than into a community sewer
6 system, shall file with the regional board of that region a report of such proposed discharge ... ,"
7 (Water Code. § 13054).
8 109. The violation of mandatory statutory duties by DEFENDANTS permitted and
9 caused toxic materials to be released into PLAINTIFFS' environs and caused PLAINTIFFS to be
10 exposed to extremely high amounts of toxic and carcinogenic substances. Violations of California
11 Health & Safety Code § 5411, and California Water Code §§ 13000 et seq. by DEFENDANTS
12 proximately caused trespass, nuisance and damage to PLAINTIFFS' property, and proximately
13 caused PLAINTIFFS' personal injuries.
14 110. California Water Code §§ 13000 et seq. and California Health & Safety Code §
15 5411 were intended to prevent this type of injury to PLAINTIFFS and to their properties, and
16 PLAINTIFFS are members of the class of persons for whose protection the statutes were adopted.
17 Ill. As a proximate result of DEFENDANTS' violation of the statutes and negligence
18 per se, PLAINTIFFS have suffered and will suffer from great physical, mental and nervous pain
19 and suffering, including fear of cancer, past and future pain and suffering, past and future mental
20 anguish, psychological and/or emotional injuries, loss of enjoyment of life, lost wages and future
21 income, temporary and permanent physical impairment, permanent disfigurement, medical
22 monitoring, andlor their earning capacities. PLAINTIFFS are informed and believe and thereon
23 allege that they will be compelled to seek further treatment in the future for care of injuries
24 sustained as a direct and proximate result of DEFENDANTS' negligence. PLAINTIFFS have
25 incurred the costs of medical treatment, and are informed and believe that they will continue incur
26 such costs into the future. All of the above damages will be established according to proof.
27 112. As a further direct and proximate result of DEFENDANTS 'violation of the statutes
28 and negligence per se, PLAINTIFFS have suffered and will continue to suffer damage to their real
102
l'LAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
, 'i
ii ~' i
" i
I and personal properties, including but not limited to the diminution in value of PLAINTIFFS'
2 property values and stigma damages. All of the above damages will be established according to
3 proof.
4 113. Moreover, DEFENDANTS' acts in fraudulently concealing and deceiving the
5 PLAINTIFFS about DEFENDANTS' release of toxic substances from the KAST SITE, and the
6 existence of such toxic substances, including the known human carcinogen benzene, methane,
7 benzo(a)pyrene, naphthalene and oil tank bottom waste, in the air, groundwater, surface and
8 subsurface soil and environment, were willful, malicious, intentional, and undertaken with a
9 conscious disregard for the rights and safety of the PLAINTIFFS. The fraudulent, willful,
10 malicious and intentional acts by DEFENDANTS have caused PLAINTIFFS to suffer great harm.
11 114. Further, despite being required by law to do so, DEFENDANTS failed to disclose to
12 PLAINTIFFS that inhalation, ingestion, or other dermal contact of or with benzene, methane,
13 benzo(a)pyrene, naphthalene and oil tank bottom waste and other toxic substances is carcinogenic.
14 DEFENDANTS' wrongful conduct was purposeful and deliberate, and DEFENDANTS acted
15 with conscIOus and reckless disregard of the hazards and threats to PLAINTIFFS.
16 DEFENDANTS' conduct was and IS outrageous, willful, malicious and intentional.
17 DEFENDANTS have caused PLAINTIFFS great and irreparable harm. PLAINTIFF is therefore
18 entitled to recover punitive or exemplary damages from DEFENDANTS, and each of them.
19 THIRD CAUSE OF ACTION
20 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
21 (Against AIl Defendants and Does 1-1000)
22 115. PLAINTIFFS hereby reallege and incorporate by reference each and every
23 allegation herein above as if fully set forth in detail therein.
24 116. As described above, PLAINTIFFS were exposed to benzene, a known and
25 recognized human carcinogen, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste
26 amongst other harmful and toxic chemicals, as a result of the intentional and/or reckless conduct
27 of the DEFENDANTS, and each of them.
28 117. The intentional and/or reckless conduct of the DEFENDANTS as described above,
103
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 was outrageous and was made with reckless disregard of the probability of causing emotional
2 distress to PLAINTIFFS, knowing that PLAINTIFFS would be subjected to toxic exposure,
3 including exposure to benzene, a known human carcinogen, methane, benzo(a)pyrene,
4 naphthalene and oil tank bottom waste.
5 118. As a foreseeable result of the intentional and/or reckless conduct of
6 DEFENDANTS, as described above, PLAINTIFFS suffered and continue to suffer from severe
7 emotional distress from the reasonable fear of developing cancer, amongst other serious health
8 conditions.
9 119. The DEFENDANTS' conduct was a substantial factor in causing PLAINTIFFS'
10 severe emotional distress.
11 120. As a direct and proximate result of DEFENDANTS' actions, PLAINTIFFS have
12 suffered and will continue to suffer from great physical, mental, and nervous pain and suffering,
13 including fear of cancer. PLAINTIFFS have incurred the costs of medical treatment and are
14 informed and believe and thereon allege that they will be compelled to seek further medical
15 treatment in the future, and will continue incur such costs into the future.
16 121. In engaging in the conduct as described herein, DEFENDANTS acted willfully,
17 maliciously, oppressively, outrageously, and in conscious disregard and indifference to the safety
18 and well-being of PLAINTIFFS. By reason of such conduct on the part of DEFENDANTS,
19 punitive damages may and should be assessed against DEFENDANTS, by way of example and
20 for the sake of punishment, in such amount as may be determined by the trier of fact.
21 FOURTH CAUSE OF ACTION
22 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
23 (Against All Defendants and Does 1-1000)
24 122. PLAINTIFFS hereby reallege and incorporate by reference each and every
25 allegation herein above as if fully set forth in detail therein.
26 123. As described above, PLAINTIFFS were exposed to benzene, a known and
27 recognized human carcinogen, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste
28 amongst other harmful toxic chemicals, as a result of the negligent conduct of DEFENDANTS,
104
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 and each of them.
2 124. DEFENDANTS acted with malice, oppression andlor fraudulent intent because the
3 DEFENDANTS' conduct was outrageous and was made with reckless disregard of the probability
4 of causing emotional distress to PLAINTIFFS, knowing that PLAINTIFFS would be subjected to
5 toxic exposure, including exposure to benzene, a known human carcinogen, methane,
6 benzo(a)pyrene, naphthalene and oil tank bottom waste.
7 125. As a foreseeable result of DEFENDANTS' conduct, as described above,
8 PLAINTIFFS suffered and continue to suffer severe emotional distress from the reasonable fear of
9 developing cancer, amongst other serious health conditions.
10 126. Reliable medical or scientific opinion confirms that PLAINTIFFS' risk of
11 developing cancer and other serious health conditions was significantly increased by the described
12 exposure, and that such exposure has resulted in actual risk that is significant.
13 127. The DEFENDANTS' conduct was a substantial factor in causing PLAINTIFFS'
14 severe emotional distress.
15 128. As a direct and proximate result of DEFENDANTS' actions, PLAINTIFFS have
16 suffered and will continue to suffer from great physical, mental, and nervous pain and suffering,
17 including fear of cancer. PLAINTIFFS have incurred the costs of medical treatment and are
18 informed and believe and thereon allege that they will be compelled to seek further medical
19 treatment in the future, and will continue incur such costs into the future.
20 FIFTH CAUSE OF ACTION
21 STRICT LIABILITY FOR ULTRAHAZARDOUS ACTIVITY
22 (Against All Defendants and Does 1-1000)
23 129. PLAINTIFFS hereby reallege and incorporate by reference each and every
24 allegation herein above as if fully set forth in detail therein.
25 130. Benzene was placed on the list of chemicals known to the State of California to
26 cause cancer on February 27, 1987.
27 131. PLAINTIFFS allege that DEFENDANTS engaged, and continues to engage, in ultra
28 hazardous activities at the KAST SITE, including but not limited to the use, handling, storage,
105
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
" [;! ;': i
2
3
4
5
6
7
1 production, emiSSIOn, release and/or discharge of toxic and hazardous materials, including
benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste, into the air and
environment at and around the KAST SITE. Among other activities at the KAST SITE, the
SHELL defendants and Does 1-1000, deliberately and intentionally maintained and left behind
large deposits of toxic chemicals and hazardous substances at the KAST SITE as part of their
operation and eventual closing of the facility. The KAST SITE contains benzene, methane,
benzo(a)pyrene, naphthalene and oil tank bottom waste.
8
9
10
11
12
13
14
15
16
132. OCEANIC PROPERTIES INC, BARCLAY HOLLANDER CORPORATION,
CASTLE & COOKE CALIFORNIA, INC., CASTLE & COOKE CALIFORNIA, INC., CASTLE
& COOKE, INC., and Does 1 through 1000 engaged in ultra hazardous activities at the KAST
SITE, including but not limited to the use, handling, storage, production, emission, release and/or
discharge of toxic and hazardous materials into the air and environment at and around the KAST
SITE during the development of dwelling homes that was to become known as the CAROUSEL
HOUSING TRACT. The process by which the CAROUSEL HOUSING TRACT was developed
had the effect of releasing and emitting toxic chemicals and hazardous substances, including but
not limited to benzene, methanc, benzo(a)pyrene, naphthalene and oil tank bottom waste, into the
17 air and surrounding environment.
18 133. As a result of DEFENDANTS conduct at the KAST SITE, fugitive emissions of
19 toxic substances, including benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom
20 waste, escape into the air and environment. Emissions from the KAST SITE caused and continue
21 to cause benzene, methane, benzo(a)pyrcne, naphthalene and oil tank bottom waste, among other
22 toxins, to enter into and contaminate the air, soil, water and subsoil in areas and communities
23 surrounding the KAST SITE.
24 134. PLAINTIFFS who live, work or who are otherwise present in the areas surrounding
25 the KAST SITE from which the fugitive emissions occur are exposed to benzene, methane,
26 benzo(a)pyrene, naphthalene and oil tank bottom waste, among other hazardous substances,
27 through inhalation and through dermal contact the soil at the site.
28 135. DEFENDANTS' ultra hazardous activities at the KAST SITE created and continue
106
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
~I
I to create an extraordinarily high degree of risk of harm to PLAINTIFFS and to PLAINTIFFS'
2 properties, and such ultra hazardous activities have created and caused actual harm to
3 PLAINTIFFS' persons, land, and chattels.
4 l36. DEFENDANTS conducted and/or continue to conduct their ultra hazardous
5 activities at the KAST SITE with knowledge of PLAINTIFFS' presence, and with knowledge that
6 such ultra hazardous activities created and create a high degree of risk of harm to PLAINTIFFS'
7 persons, and to their real and personal property, which could not and cannot be eliminated by the
8 exercise of reasonable care.
9 l37. The DEFENDANTS' ultra hazardous activities, as described herein, were and are
10 not a matter of common usage. The dangerous attributes of the DEFENDANTS' ultra hazardous
II activities are inappropriate to the place where they were and are carried on, given the close
12 proximity of PLAINTIFFS' residences, the nearby residential communities, and elementary,
13 junior high, and high schools. The serious hann that DEFENDANTS' ultra hazardous activities
14 create outweigh their value to the surrounding communities.
15 l38. As a result of each ofthe DEFENDANTS' ultra hazardous activities at and near the
16 SITE, the DEFENDANTS have caused and continue to cause contamination to the surface and
17 subsurface soils, groundwater, and environment, and alleged herein, causing PLAINTIFFS to
18 suffer injuries to their persons, their mental, emotional and physical health, including but not
19 limited to cancer(s), kidney and liver injuries, irritation of the upper airways and sinuses, and skin
20 irritation, as well as nervous pain and suffering, including fear of cancer. PLAINTIFFS have
21 incurred the costs of medical treatment and are informed and believe and thereon allege that they
22 will be compelled to seek further medical treatment in the future, and will continue incur such
23 costs into the future. Such injuries are the kind of injuries and harm that would be anticipated as a
24 result of the risk created by the DEFENDANTS' operations at the KAST SITE and by
25 DEFENDANTS' release of toxic chemicals and substances, including the known human
26 carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste, into the
27 environment, and at and near PLAINTIFFS' homes, schools, businesses and work places.
28 l39. Further, DEFENDANTS' ultra hazardous activities have caused PLAINTIFFS to
107
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 suffer injuries to their earning capacities, their property and economic interests, and mental and
2 emotional distress as a result of the diminution of their property values and stigma damages. Such
3 injuries are the kind of injuries and harm that would be anticipated as a result of the risk created
4 by the DEFENDANTS' operations at the KAST SITE and by DEFENDANTS' release of toxic
5 chemicals and substances, including the known human carcinogen benzene, methane,
6 benzo(a)pyrene, naphthalene and oil tank bottom waste, into the environment, and at and near
7 PLAINTIFFS' homes, schools, businesses and work places.
8 140. The aforementioned ultra hazardous activities of the DEFENDANTS, and each
9 them, with the knowledge that these activities were being done in the immediate vicinity of
10 PLAINTIFFS' persons and properties, and allowing emissions of hazardous and carcinogenic
11 substances onto PLAINTIFFS' properties and into PLAINTIFFS' groundwater, soils and
12 environs, was and is intended to causc injury to PLAINTIFFS, or alternatively, was and is willful,
13 wanton and despicable conduct carried out with a conscious disregard for the rights, safety and
14 well-being of the PLAINTIFFS, and subjects PLAINTIFFS to cruel and unjust hardship so as 10
15 justifY an award of exemplary and punitive damages in an amount to be determined at the time of
16 trial. DEFENDANTS were aware of PLAINTIFFS' close proximity to the KAST SITE, yet the
17 DEFENDANTS continued their ultra hazardous activities, without warning PLAINTIFFS, and
18 willfully jeopardized and continue to jeopardize, PLAINTIFFS' health and wcll-being.
19 SIXTH CAUSE OF ACTION
20 PERMANENT TRESPASS
21 (Against All Defendants and Does 1-1000)
22 141. PLAINTIFFS hereby reallege and incorporate by reference each and every
23 allegation herein above as if fully set forth in detail therein.
24 142. PLAINTIFFS maintain the lawful right of possession of each of the properties
25 owned, occupied and possessed by PLAINTIFFS, which are located in close proximity to the
26 KAST SITE.
27 143. DEFENDANTS, by their past and continuing oil manufacturing operations at the
28 KAST SITE, have caused toxic chemicals, including benzene, methane, benzo(a)pyrene,
108
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 naphthalene and oil tank bottom waste, to escape from the KAST SITE and to enter into and
2 trespass upon the land and realty of the PLAINTIFFS.
3 144. DEFENDANTS' past and continuing acts and omissions were done with the
4 substantial certainty that such acts and omissions would result in damage to others via repeated
5 and continuing occurrences of the emission of hazardous toxins, including known human
6 carcinogens, into the air, soil and groundwater. Such hazardous toxins have migrated and continue
7 to migrate onto the real property owned, leased andlor occupied by PLAINTIFFS.
8 145. DEFENDANTS' improper maintenance, provision, storage, use, disposal andlor
9 release of hazardous contaminants have resulted in contaminated air, soil and groundwater
10 entering and penetrating into PLAINTIFFS' property, including but not limited to PLAINTIFFS'
11 homes. DEFENDANTS' past and continuing acts and omissions, as herein alleged, constitute
12 unlawful trespassory interference with, and invasion of, PLAINTIFFS' rights to possession of
13 their property.
14 146. By their negligent andlor intentional and willful actions, DEFENDANTS have
15 trespassed on each of the properties owned, occupied and possessed by PLAINTIFFS without
16 legal right or justification and witbout the permission of the owners, i.e., the PLAINTIFFS.
17 147. PLAINTIFFS are informed and believe and thereon allege that no method for
18 abatement andlor removal of the hazardous substances and toxic chemicals is available.
19 DEFENDANTS have not and cannot provide assurances of abatement of the trespass from
20 PLAINTIFFS' properties, or that the past, present or future harm caused by DEFENDANTS' use
21 and release of toxic substances can or will be abated.
22 148. DEFENDANTS' conduct was and is a substantial factor in causmg harm to
23 PLAINTIFFS. As a direct and proximate result of DEFENDANTS' acts and omissions,
24 PLAINTIFFS have suffered and will suffer from great physical, mental and nervous pain and
25 suffering, including fear of cancer, past and future pain and suffering, past and future mental
26 anguish, psychological andlor emotional injuries, loss of enjoyment of life, lost wages and future
27 income, temporary and permanent physical impairment, permanent disfigurement, medical
28 monitoring, andlor their earning capacities. PLAINTIFFS are informed and believe and thereon
109
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 allege that they will be compelled to seek further treatment in the future for care of injuries
2 sustained as a direct and proximate result of DEFENDANTS' negligence. PLAINTIFFS have
3 incurred the costs of medical treatment, and are informed and believe that they will continue incur
4 such costs into the future. All of the above damages will be established according to proof.
5 149. As a further direct and proximate result of DEFENDANTS' negligent acts and
6 omissions as herein described, PLAINTIFFS have sutrered and will continue to suffer damage to
7 their real and personal properties, including but not limited to the diminution in value of
8 PLAINTIFFS' property values and stigma damages. All of the above damages will be established
9 according to proof.
10 150. DEFENDANTS knew or should have known that their oil manufacturing operations
11 at the KAST SITE were causing actual hann to PLAINTIFFS and to PLAINTIFFS' properties.
12 DEFENDANTS' actions were done with malice, and in wanton and willful andlor reckless
13 disregard for PLAINTIFFS' rights, health and property.
14 151. The aforementioned conduct of the DEFENDANTS, and each of them, by and
15 through their officers, directors and managing agents, in intentionally and rccklessly releasing
16 dangerous and hazardous materials and toxic substances in the immediate vicinity of
17 PLAINTIFFS' persons and properties and the KAST SITE, intentionally and recklessly allowing
18 and continuing to allow emissions of these hazardous materials and substances into PLAINTIFFS'
19 properties and PLAINTIFFS' environs was and is intended to cause injury to PLAINTIFFS, or in
20 the alternative, was and is willful, wanton and despicable conduct carried out with a conscious
21 disregard to PLAINTIFFS' rights and well-being and subjected and continues to subject
22 PLAINTIFFS to cruel and unjust hardship so as to justify an award of exemplary and punitive
23 damages in a sum to be determined at time of trial.
24 SEVENTH CAUSE OF ACTION
25 CONTINUING TRESPASS
26 (Against All Defendants and Does 1-1000)
27 152. PLAINTIFFS hereby reallege and incorporate by reference each and every
28 allegation herein above as if fully set forth in detail therein.
110
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 153. DEFENDANTS' past and continuing acts and omISSIOns, as herein alleged,
2 constitute unlawful trespassory interference with, and invasion of, PLAINTIFFS' rights to
3 possession of their property. DEFENDANTS' past and continuing acts and omissions were done
4 with the substantial certainty that such acts and omissions would result in damage to others via
5 repeated and continuing occurrences of the emission of hazardous toxins, including known human
6 carcinogens, into the air, soil and groundwater. Such hazardous toxins have migrated and continue
7 to migrate onto the real property owned, leased and/or occupied by PLAINTIFFS.
8 154. DEFENDANTS' improper maintenance, provision, storage, use, disposal and/or
9 release of hazardous contaminants have resulted in contaminated air, soil and groundwater
10 entering and penetrating into PLAINTIFFS' property, including but not limited to PLAINTIFFS'
11 homes. This discharge and/or seepage constituted and continues to constitute a continuing
12 trespass.
13 155. PLAINTIFFS are informed and believe, and based thereon allege, that the trespass
14 is continuing and reasonably abatable by reasonable means and at reasonable costs.
15 156. As a proximate result of the trespasses committed by the DEFENDANTS, by and
16 through their officers, directors, and managing agents, PLAINTIFFS have suffered and continue
17 to suffer injuries to their persons, their mental and emotional health, their earning capacities, their
18 property and their economic interests, all as alleged herein, and have suffered and continue to
19 suffer further mental and emotional distress as a result of the loss of use of their real and personal
20 property. All of the above damages will be established according to proof.
21 157. The aforementioned conduct of the DEFENDANTS, and each of them, by and
22 through their officers, directors and managing agents, in intentionally and recklessly releasing
23 dangerous and hazardous materials and toxic substances in the immediate vicinity of
24 PLAINTIFFS' persons and properties and the KAST SITE, intentionally and recklessly allowing
25 and continuing to allow emissions of these hazardous materials and substances into PLAINTIFFS'
26 property and PLAINTIFFS' environs was and is intended to cause injury to PLAINTIFFS, or in
27 the alternative, was and is willful, wanton and despicable conduct carried out with a conscious
28 disregard to PLAINTIFFS' rights and well-being and subjected and continues to subject
III
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 PLAINTIFFS to cruel and unjust hardship so as to justify an award of exemplary and punitive
2 damages in a sum to be determined at time of tria!.
3 EIGHTH CAUSE OF ACTION
4 PUBLIC NUISANCE
5 (Against All Defendants and Does 1-1000)
6 158. PLAINTIFFS hereby reallege and incorporate by reference each and every
7 allegation herein above as if fully set forth in detail therein.
8 159. DEFENDANTS, and each of them, by their actions and inactions in connection with
9 their oil manufacturing processes at the KAST SITE as described herein, created conditions that
10 were and are harmful to health, as toxic chemicals such as benzene, methane, benzo(a)pyrene,
11 naphthalene and oil tank bottom waste are known carcinogens.
12 160. DEFENDANTS by their actions and inactions III connection with their oil
13 manufacturing processes at the KAST SITE as described herein, created conditions that were and
14 are indecent and offensive to the senses.
15 161. DEFENDANTS by their actions and inactions in connection with their oil
16 manufacturing processes at the KAST SITE as described herein, obstructed and continue to
17 obstruct PLAINTIFFS' free use of their properties, so as to interfere with PLAINTIFFS'
18 comfortable enjoyment oflife and their properties.
19 162. The conditions created by the DEFENDANTS by their actions and inactions in
20 connection with their oil manufacturing processes at the KAST SITE affected and continue to
21 affect a substantial number of people in the communities in the vicinity of the KAST SITE.
22 163. An ordinary person would be reasonably annoyed and/or disturbed by the conditions
23 created by DEFENDANTS by and through their actions and inactions in connection with their oil
24 manufacturing processes at the KAST SITE.
25 164. The seriousness of the harm of DEFENDANTS' emission of toxic, carcinogenic
26 chemicals into the surrounding community and environment outweighs any social utility of
27 DEFENDANTS' conduct in connection with their facility at the KAST SITE. In fact,
28 DEFENDANTS' actions and inactions in connection with their oil manufacturing processes at the
112
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I SITE has caused and continues to cause PLAINTIFFS to suffer from great physical, mental, and
2 nervous pain and suffering, including fear of cancer.
3 165. PLAINTIFFS have not consented and do not consent to DEFENDANTS' conduct at
4 the SITE.
5 166. DEFENDANTS' conduct was and is a substantial factor in causmg harm to
6 PLAINTIFFS. As a direct and proximate result of DEFENDANTS' negligent acts and omissions,
7 PLAINTIFFS have suffered and will suffer from great physical, mental and nervous pain and
8 suffering, including fear of cancer, past and future pain and suffering, past and future mental
9 anguish, psychological and/or emotional injuries, loss of enjoyment of life, lost wages and future
10 income, temporary and permanent physical impairment, permanent disfigurement, medical
II monitoring, and/or their earning capacities. PLAINTIFFS are informed and believe and thereon
12 allege that they will be compelled to seek further treatment in the future for care of injuries
13 sustained as a direct and proximate result of DEFENDANTS' negligence. PLAINTIFFS have
14 incurred the costs of medical treatment, and are informed and believe that they will continue incur
IS such costs into the future. All of the above damages will be established according to proof.
16 167. As a further proximate result of DEFENDANTS' trespass, PLAINTIFFS' properties
17 have been damaged and continue to be damaged, including that PLAINTIFFS' real and personal
18 properties have been diminished in their value and continue to be diminished in their value.
19 NINTH CAUSE OF ACTION
20 PRIVATE NUISANCE
21 (Against All Defendants and Does 1-1000)
22 168. PLAINTIFFS hereby reallege and incorporate by reference each and every
23 allegation herein above as if fully set forth in detail therein.
24 169. PLAINTIFFS own, lease, occupy and/or control properties located m close
25 proximity to the KAST SITE and or the CARSON CAROUSEL HOUSING TRACT.
26 170. DEFENDANTS, and each of them, by their actions and inactions in connection with
27 their oil manufacturing processes at the KAST SITE as described herein, created conditions that
28 were and are harmful to health, as toxic chemicals such as benzene, methane, benzo(a)pyrene,
113
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 naphthalene and oil tank bottom waste are known carcinogens.
2 171. DEFENDANTS, by their actions and inactions III connection with their oil
3 manufacturing processes at the KAST SITE as described herein, created conditions that were and
4 are indecent and offensive to the senses.
5 172. DEFENDANTS, by their actions and inactions in connection with their oil
6 manufacturing processes at the KAST SITE as described herein, obstructed and continue to
7 obstruct PLAINTIFFS' free use of their properties, so as to interfere with PLAINTIFFS'
8 comfortable enjoyment oflife and their properties.
9 173. The conditions created by the actions and inactions of DEFENDANTS, as described
10 herein, interfered with, and continues to interfere with, PLAINTIFFS' use and/or enjoyment of
11 their land and property.
12 174. PLAINTIFFS have not consented and do not consent to DEFENDANTS' conduct at
13 the KAST SITE.
14 175. An ordinary person would be reasonably annoyed and/or disturbed by the conditions
15 created by DEFENDANTS by and through their actions and inactions in connection with their oil
16 manufacturing processes at the KAST SITE.
17 176. As a direct and proximate result of DEFENDANTS' negligent acts and omissions,
18 PLAINTIFFS have suffered and will suffer from great physical, mental and nervous pain and
19 suffering, including fear of cancer, past and future pain and suffering, past and future mental
20 anguish, psychological and/or emotional injuries, loss of enjoyment of life, lost wages and future
21 income, temporary and permanent physical impairment, permanent disfigurement, medical
22 monitoring, andlor their earning capacities. PLAINTIFFS are informed and believe and thereon
23 allege that they will be compelled to seek further treatment in the future for care of injuries
24 sustained as a direct and proximate result of DEFENDANTS' negligence. PLAINTIFFS have
25 incurred the costs of medical treatment, and are informed and believe that they will continue incur
26 such costs into the future. All of the above damages will be established according to proof.
27 177. As a further proximate result of DEFENDANTS' conduct, PLAINTIFFS' properties
28 have been damaged and continue to be damaged, including that PLAINTIFFS' properties have
114
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 been diminished in their value and continue to be diminished in their value.
2 178. The seriousness of the harm of DEFENDANTS' emission of toxic, carcinogenic
3 chemicals into the surrounding community and environment and into PLAINTIFFS' properties
4 outweighs any social utility of DEFENDANTS , oil manufacturing processes at the KAST SITE.
5 TENTH CAUSE OF ACTION
6 STRICT LIABILITY FOR FAILURE TO WARN
7 (Against Defendants OCEANIC PROPERTIES INC, BARCLAY HOLLANDER
8 CORPORATION, CASTLE & COOKE CALIFORNIA, INC., CASTLE & COOKE, INC.,
9 DOLE FOOD COMPANY, INC., COMSTOCK, CROSSER & ASSOCIATES
10 DEVELOPMENT COMPANY, INC. and Does 1-1000)
11 179. PLAINTIFFS hereby reallege and incorporate by reference each and every
12 allegation herein above as if fully set forth in detail therein.
13 180. DEFENDANTS lmew or should have known that their operations at the KAST
14 SITE, and in the areas surrounding the KAST SITE, would create and has created actual harm to
15 the persons, land, and chattels of others from the resulting toxic contamination of the surface and
16 subsurface soil, groundwater and environment with toxic chemicals, including benzene, methane,
17 benzo( a)pyrene, naphthalene and oil tank bottom waste, as described herein.
18 181. DEFENDANTS knew or should have known that a high risk and degree of harm
19 existed to others as a result of DEFENDANTS' operations at the KAST SITE, including the use,
20 storage and disposal of toxic chemicals and resulting contamination of the ground water,
21 surrounding surface and subsurface soil, and environment.
22 182. DEFENDANTS failed to warn PLAINTIFFS of the risks of injury to PLAINTIFFS'
23 health associated with DEFENDANTS' operations at the KAST SITE, including the use, storage
24 and disposal of toxic chemicals, including benzene, methane, benzo(a)pyrene, naphthalene and oil
25 tank bottom waste, and resulting contamination of ground water, surrounding surface and
26 subsurface soil, and environment.
27 183. DEFENDANTS' improper use, storage andlor disposal of toxic chemicals,
28 including the known human carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil
115
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 tank bottom waste, so as to readily permit such chemicals to be released in the groundwater,
2 surface and subsurface soil and environment is not a matter of common usage or practice.
3 184. DEFENDANTS' improper use, storage and/or disposal of toxic chemicals,
4 including the known human carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil
5 tank bottom waste, so as to readily permit such chemicals to be released in the groundwater,
6 surface and subsurface soil and the environment is inappropriate in any area, but is especially
7 inappropriate in an area where such emissions would and, in fact did, cause PLAINTIFFS to be
8 exposed to extremely high levels of toxic and carcinogenic substances.
9 185. The acts of the DEFENDANTS, as herein alleged, constitute violations of the duty
10 of ordinary care and skill owed by DEFENDANTS to PLAINTIFFS. As proximate result of
11 DEFENDANTS' repeated and ongoing breach of the duty of ordinary care and skill,
12 PLAINTIFFS have suffered and continue to suffer injury and harm to their persons, their mental,
13 emotional and physical health, including fear of cancer, past and future pain and suffering, past
14 and future mental anguish, psychological and/or emotional injuries, loss of enjoyment of life, past
IS and future medical bills, lost wagcs and future income, tcmporary and permanent physical
16 impairment, permanent disfigurement, medical monitoring, their earning capacities, their property
17 and their economic interests, and have suffered and continue to suffer further mental and
18 emotional distress as a result of the diminution of their properly values and stigma damages. All
19 of the above damages will be established according to proof.
20 186. DEFENDANTS intentionally and recklessly used, stored, tested and/or disposed of
21 dangerous and hazardous materials, and released toxic substances and carcinogens with
22 knowledge that such toxic substances were in the immediate vicinity of PLAINTIFFS' persons
23 and properties. Likewise, DEFENDANTS intentionally and recklessly allowed and continuing to
24 allow emissions of these hazardous materials and carcinogens into PLAINTIFFS' property and
25 into PLAINTIFFS' environs. Such conduct by the DEFENDANTS was and is intended to cause
26 injury to PLAINTIFFS, or in the alternative, was and is willful, wanton and despicable conduct
27 carried out with a conscious disregard to PLAINTIFFS' rights and weJI-being and subjected and
28 continues to subject PLAINTIFFS to cruel and unjust hardship so as to justifY an award of
116
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
I exemplary and punitive damages in a sum to be determined at time of trial.
2 ELEVENTH CAUSE OF ACTION
3 FRAUDULENT CONCEALMENT
4 Civil Code §§ 1709, 1710
5 (Against All Defendants and Does 1-1000)
6 187. PLAINTIFFS hereby reallege and incorporate by reference each and every
7 allegation herein above as if fully set forth in detail therein.
8 188. DEFENDANTS are and have been aware that hazardous levels of contaminants,
9 including the known human carcinogen benzene, methane, benzo(a)pyrcne, naphthalene and oil
10 tank bottom waste and other toxic substances, were emanating from DEFENDANTS' facilities at
II the KAST SITE, which did contaminate and continue to contaminate the surface and subsurface
12 soil, groundwater and environs surrounding the SITE.
13 189. DEFENDANTS intentionally withheld from PLAINTIFFS the knowledge that
14 benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and othcr toxic
15 substances had contaminated the groundwater and soil, and DEFENDANTS have never provided
16 any warning to PLAINTIFFS regarding the contamination of PLAINTIFFS' groundwater, soil, air
17 and environment.
18 190. DEFENDANTS knew that PLAINTIFFS were exposed to various toxic substances,
19 including the known carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tank
20 bottom waste and other hazardous substances, and that PLAINTIFFS have continued to be so ex-
21 posed. DEFENDANTS fraudulently concealed from the PLAINTIFFS these material facts
22 regarding DEFENDANTS' contamination of the surface and subsurface soil, groundwater, air and
23 environment in and around the KAST SITE. Further, DEFENDANTS misrepresented these
24 material facts to PLAINTIFFS and the public.
25 191. DEFENDANTS had a duty to disclose by a clear and reasonable warning, reason-
26 ably calculated to give PLAINTIFFS notice prior to exposing them to one or more chemicals,
27 including benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and other
28 toxic substances, all of which are known to cause cancer and/or other debilitating diseases. Such
117
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
" ~ , : ., I
;'1
:i
1 duty was also placed upon DEFENDANTS by a multitude of federal and state statutes and reg-
2 ulations, including but not limited to the Safe Drinking Water and Toxic Enforoil Act of 1986 ..
3 192. DEFENDANTS fraudulently concealed and intentionally suppressed material facts
4 from PLAINTIFFS regarding the toxic contamination .of the community environment, including
5 but not limited to the facts related to the release of hazardous contaminants at concentration levels
6 in excess of acceptable standards.
7 193. DEFENDANTS knew that hazardous levels of benzene, methane, benzo(a)pyrene,
8 naphthalene and oil tank bottom waste and other toxic substances had been released into the air
9 and environment surrounding the KAST SITE and had contaminated the air, groundwater, surface
10 and subsurface soil, and DEFENDANTS knew that PLAINTIFFS were being exposed to these
11 substances. Further, DEFENDANTS knew that the exposure was a result of DEFENDANTS own
12 intentional discharge of toxic substances from the KAST SITE. DEFENDANTS intcntionally and
13 purposefully withheld from PLAINTIFFS the knowledge that benzene, methane, benzo(a)pyrene,
14 naphthalene and oil tank bottom waste and other toxic substances were being released into the air
15 and environment surrounding the KAST SITE and the knowledge that PLAINTIFFS were being
16 exposed to the benzene, methane, benzo(a)pyrene, naphthalenc and oil tank bottom waste and
17 other toxic substances.
20
21
22
23
24
25
26
27
28
18 194. PLAINTIFFS are infonned and believe and thereon allege that DEFENDANTS and
19 their agents, representatives, employees and management intentionally misrepresented and
suppressed material facts concerning DEFENDANTS' contamination of the surface and
subsurface soil, groundwater, air and environment on the KAST SITE and their surrounding
neighborhoods, including to PLAINTIFFS and the public. DEFENDANTS, through their
officers, agents, directors and employees made affinnative misrepresentations regarding the
contamination and its potential harm to PLAINTIFFS' persons and property by affinnatively and
falsely representing, concealing and failing to disclose material facts regarding the contamination
and its potential health and other risks to PLAINTIFFS in violation of California Civil Code
sections 1709 and 1710 as herein alleged, including but not limited to failing to disclose to
PLAINTIFFS and the public the true nature of the contamination at and around the KAST SITE.
118
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 195. DEFENDANTS suppressed critical facts from PLAINTIFFS and the public despite
2 their knowledge of such facts or DEFENDANTS' reasonable grounds for knowing such facts,
3 with the effect of misleading PLAINTIFFS and the public at large concerning DEFENDANTS'
4 wrongful acts.
5 196. DEFENDANTS' failure to disclose information and suppression of infonnation as
6 herein alleged were made with the fraudulent intent to induce PLAINTIFFS to act in reliance
7 thereon, to prevent PLAINTIFFS from reporting the contamination to governmental agencies, and
8 to prevent PLAINTIFFS from seeking compensation from DEFENDANTS for damages and, as a
9 result, DEFENDANTS have not been ordered to properly remediate, clean up, or abate the
10 contamination.
J J 197. At the time DEFENDANTS' failures to disclose and suppression of facts occurred,
12 and at the time DEFENDANTS took the actions herein allegcd, PLAINTIFFS were ignorant of
13 the existence of the facts which DEFENDANTS suppressed and failed to disclose. PLAINTIFFS
14 had no reason to be aware of said facts that were fraudulently concealed by DEFENDANTS. Had
15 PLAINTIFFS been aware of the existence of the facts not disclosed and actively suppressed by
16 DEFENDANTS, PLAINTIFFS would have taken measures to prevent inhalation of and exposure
J 7 to air, surface soil, and groundwater containing hazardous and toxic substances, including the
18 known human carcinogen bcnzcne, methane, benzo(a)pyrene, naphthalene and oil tank bottom
19 waste.
20 198. As a direct and proximate result of the foregoing acts by DEFENDANTS,
21 PLAINTIFFS have sustained injury to their person, property and financial interests in an as yet
22 undetermined amount.
23 199. DEFENDANTS' actions in fraudulently concealing from and deceiving
24 PLAINTIFFS about the existence of benzene, methane, benzo(a)pyrene, naphthalene and oil tank
25 bottom waste and other toxic substances in the air, surface and subsurface soils, groundwater and
26 environment, were willful, malicious, and intentional from which PLAINTIFFS have suffered
27 great harm. Moreover, DEFENDANTS consistently failed to disclose to PLAINTIFFS, although
28 required to do so, that ingestion, inhalation and exposure to toxic substances was carcinogenic.
119
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 PLAINTIFFS are therefore entitled to recover punitive or exemplary damages.
2 TWELFTH CAUSE OF ACTION
3 NEGLIGENT MISREPRESENTATION
4 (Against All Defendants and Does 1-1000)
5 200. PLAINTIFF~ hereby reallege and incorporate by reference each and every
6 allegation herein above as if fully set forth in detail therein.
7 201. DEFENDANTS are and have been aware that hazardous levels of contaminants,
8 including the known human carcinogen benzene, oil tank bottom waste and other toxic
9 substances, were emanating from DEFENDANTS' facilities at the KAST SITE, which did
10 contaminate and continues to contaminate the surface and subsurface soil, groundwater and
11 environs surrounding the KAST SITE.
12 202. DEFENDANTS withhcld from PLAINTIFFS the knowledge that benzene, methane,
13 benzo(a)pyrene, naphthalene and oil tank bottom waste and other toxic substances had con-
14 taminated the groundwater and soil, and DEFENDANTS have never provided any warning to
15 PLAINTIFFS regarding the contamination of PLAINTIFFS' groundwater, soil, air and environ-
16 ment.
17 203. DEFENDANTS knew that PLAINTIFFS were exposed to various toxic substances,
18 including the known carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tank
19 bottom waste and other hazardous substances, and that PLAINTIFFS have continued to be so ex-
20 posed. DEFENDANTS fraudulently concealed from the PLAINTIFFS these material facts
21 regarding DEFENDANTS' contamination of the surface and subsurface soil, groundwater, air and
22 environment in and around the KAST SITE. Further, DEFENDANTS misrepresented these
23 material facts to PLAINTIFFS and the public.
24 204. DEFENDANTS had a duty to disclose by a clear and reasonable warning, reason-
25 ably calculated to give PLAINTIFFS notice prior to exposing them to one or more chemicals,
26 including benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and other
27 toxic substances, all of which are known to cause cancer and/or other debilitating diseases. Such
28 duty was also placed upon DEFENDANTS by a multitude of federal and state statutes and reg-
120
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 ulations, including but not limited to the Safe Drinking Water and Toxic Enforoil Act of 1986.
2 205. DEFENDANTS fraudulently concealed and intentionally suppressed material facts
3 from PLAINTIFFS regarding the toxic contamination of the community environment, including
4 but not limited to the facts related to the release of hazardous contaminants at concentration levels
5 in excess of acceptable standards.
6 206. DEFENDANTS knew that hazardous levels of benzene, methane, benzo(a)pyrene,
7 naphthalene and oil tank bottom waste and other toxic substances had been released into the air
8 and environment surrounding the aforementioned KAST SITE and had contaminated the air,
9 groundwater, surface and subsurface soil, and DEFENDANTS knew that PLAINTIFFS were
10 being exposed to these substances. Further, DEFENDANTS knew that the exposure was a result
11 of DEFENDANTS own intentional discharge of toxic substances from the KAST SITE.
12 DEFENDANTS intentionally and purposefully withheld from PLAINTIFFS the knowledge that
13 benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and other toxic
14 substanc.es were being released into the air and environment surrounding the KAST SITE and the
15 knowledge that PLAINTIFFS werc being exposed to the benzene, methane, benzo(a)pyrene,
16 naphthalene and oil tank bottom waste and other toxic substances.
17 207. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS and
18 their agents, representatives, employees and management intentionally suppressed material facts
19 concerning DEFENDANTS' contamination of the surface and subsurface soil, groundwater, air
20 and environment at the KAST SITE and their surrounding neighborhoods, including to
21 PLAINTIFFS and the public. DEFENDANTS, through their officers, agents, directors and
22 employees made misreprcsentations regarding the contamination and its potential harm to
23 PLAINTIFFS' persons and property by concealing and failing to disclose material facts regarding
24 the contamination and its potential health and other risks to PLAINTIFFS in violation of
25 California Civil Code sections 1709 and 1710 as herein alleged, including but not limited to
26 failing to disclose to PLAINTIFFS and the public the true nature of the contamination at and
27 around the KAST SITE.
28 208. DEFENDANTS suppressed critical facts from PLAINTIFFS and the public despite
121
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 their knowledge such facts or DEFENDANTS' reasonable grounds for knowing such facts, with
2 the effect of misleading PLAINTIFFS and the public at large concerning DEFENDANTS'
3 wrongful acts.
4 209. DEFENDANTS' failure to disclose information and suppression of information
5 were made with the fraudulent intent to induce PLAINTIFFS to act in reliance thereon, to prevent
6 PLAINTIFFS from reporting the contamination to governmental agencies, and to prevent
7 PLAINTIFFS from seeking compensation from DEFENDANTS for damages and, as a result,
8 DEFENDANTS have not been ordered to properly remediate, clean up, or abate the contami-
9 nation.
10 210. At the time DEFENDANTS' failures to disclose and suppression of facts occurred,
11 and at the time DEFENDANTS took the actions herein alleged, PLAINTIFFS were ignorant of
12 the existence of the facts which DEFENDANTS suppressed and failed to disclose. PLAINTIFFS
13 had no reason to be aware of said facts that were fraudulently concealed by DEFENDANTS. Had
14 PLAINTIFFS been aware of the existence of the facts not disclosed and actively suppressed by
15 DEFENDANTS, PLAINTIFFS would have taken mcasures to prevent inhalation of and exposure
16 to air, surface soil, and groundwater containing hazardous and toxic substances, including the
17 known human carcinogen benzene methane, benzo(a)pyrene, naphthalene and and oil tank bottom
18 waste.
19 211. As a direct and proximate result of the foregoing acts by DEFENDANTS,
20 PLAINTIFFS have sustained injury to their person, property and financial interests in an as yet
21 undetermined amount.
22 212. DEFENDANTS' actions III fraudulently misrepresenting and deceiving
23 PLAINTIFFS about the existence of benzene, methane, benzo(a)pyrene, naphthalene and oil tank
24 bottom waste and other toxic substances in the air, surface and subsurface soils, groundwater and
25 environment, were willful, malicious, and intentional from which PLAINTIFFS have suffered
26 great harm. Moreover, DEFENDANTS consistently failed to disclose to PLAINTIFFS, although
27 required to do so, that ingestion, inhalation and exposure to toxic substances was carcinogenic.
28 PLAINTIFFS are therefore entitled to recover punitive or exemplary damages.
122
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 \\\
2 \\\
3 THIRTEENTH CAUSE OF ACTION
4 PUBLIC CONTINUING NUISANCE CAUSING SPECIAL INJURY
5 Civil Code § 3479 et seq. and § 3490 et seq.
6 (Against All Defendants and Does 1-1000)
7 213. PLAINTIFFS hereby reallege and incorporate by reference each and every
8 allegation herein above as if fully set forth in detail therein.
9 214. PLAINTIFFS are infonned and believe, and thereon allege, that DEFENDANTS'
10 acts alleged herein affect all persons residing in the entire community or neighborhood that is in
II the vicinity of the KAST SITE and therefore constitute a public nuisance within the meaning of
12 California Civil Code § 3479 et seq. and § 3490 et seq. Such public nuisance is injurious to
13 health, offensive to the senses, obstructs the free use of property, and intcrferes with the
14 comfortable enjoyment of life and property throughout the KAST SITE and surrounding
15 communities. Further, the acts of all DEFENDANTS complained of herein have injured, and
16 continue to injure the public health of the People of California.
17 215. The toxic releases, contamination and cmissions as described herein cause special
18 injury to the PLAINTIFFS in that PLAINTIFFS most proximately and closely reside, or have
19 resided near the source of the public nuisance, and/or PLAINTIFFS are most proximately or
20 closely employed, or had been employed, near the source of the public nuisance. PLAINTIFFS
21 have suffered and continue to suffer damages to real and personal property, loss of use of real and
22 personal property due to actual damage and stigma damage, injuries, illness, disease, emotional
23 distress and loss of earnings all as hereinabove alleged, different in kind from the community at
24 large.
25 216. PLAINTIFFS and similarly-situated members of the public have repeatedly
26 requested that the DEFENDANTS cease or reduce the extent of the toxic and offensive invasions
27 of their rights to use and occupancy of PLAINTIFFS' real property, but DEFENDANTS, and
28 each of them, by and through their officers, directors, and managing agents, have refused or have
123
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 been unable to alter the occurrences of excessive amounts of various aforementioned noxious
2 emissions in the course of operating at the KAST SITE, which thus continues to cause damage to
3 PLAINTIFFS as a public continuing nuisance specially injurious to them.
4 217. PLAINTIFFS are informed and believe, and thereon allege, that the nuisance is
5 continuing and reasonably abatable by reasonable means and at reasonable costs.
6 218. DEFENDANTS, by and through their officers, directors, and managing agents, have
7 continued to maintain the nuisance and have continued the acts complained of. Each and every
8 act has been without the consent of PLAINTIFFS, against the will of PLAINTIFFS, and in
9 violation of the rights of the PLAINTIFFS. DEFENDANTS have failed and continue to fail to
10 remove and/or prevent continued exposure to chemicals, hazardous products, carcinogens, and
II other toxic materials which could be removed from PLAINTIFFS' properties without
12 unreasonable hardship and expense.
13 219. As a proximate result of the nuisance created by the DEFENDANTS, PLAINTIFFS
14 have suffered and continue to suffer injuries to their persons, their mental and emotional health,
15 their earning capacities, their property and their economic interests, all as alleged herein, and have
16 suffered and continue to suffer further mental and emotional distress as a result of the loss of use
17 and their property. All of the above damages will be established according to proof.
18 FOURTEENTH CAUSE OF ACTION
19 PUBLIC PERMANENT NUISANCE CAUSING SPECIAL INJURY
20 Civil Code § 3479 et seq. and § 3490 et seq.
21 (Against All Defendants and Does 1-1000)
22 220. PLAINTIFFS hereby reallege and incorporate by reference each and every
23 allegation herein above as if fully set forth in detail therein.
24 221. PLAINTIFFS are informed and believe, and thereon allege, that DEFENDANTS'
25 acts alleged herein affect all persons residing in the communities or neighborhoods that are in the
26 vicinity of the KAST SITE and therefore constitute a public nuisance within the meaning of
27 California Civil Code § 3479 et seq. and § 3490 et seq. Such public nuisance is injurious to health,
28 offensive to the senses, obstructs the free use of property, and interferes with the comfortable
124
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 enjoyment of life and property on the KAST SITE and throughout the surrounding communities.
2 Further, the acts of all DEFENDANTS complained of herein have injured, and continue to injure
3 the public health of the People of California.
4 222. The toxic releases, contamination and emissions as described herein cause special
5 injury to the PLAINTIFFS in that PLAINTIFFS most proximately and closely reside, or have
6 resided near the source of the public nuisance, and/or PLAINTIFFS are most proximately or
7 closely employed, or had been employed, near the source of the public nuisance. PLAINTIFFS
8 have suffered and continue to suffer damages to real and personal property, loss of use of real and
9 personal property due to actual damage and stigma damage, injuries, illness, disease, emotional
10 distress and loss of earnings all as hereinabove alleged, different in kind from the community at
11 large.
12 223. PLAINTIFFS and similarly-situated members of the public have repeatedly
13 requested that the DEFENDANTS cease or reduce the extent of the toxic and offcnsive invasions
14 of their rights to use and occupancy of PLAINTIFFS' real property, but DEFENDANTS, and
15 each of them, by and through their officers, directors, and managing agents, have refused or have
16 bcen unable to alter the occurrences of excessive amounts of various aforementioned noxious
17 emissions in the course of operating at the KAST SITE, which thus continues to cause damage to
18 PLAINTIFFS as a public continuing nuisance specially injurious to them.
19 224. PLAINTIFFS are informcd and believe, and thercon allege, that the nuisance is
20 permanent and that the intrusions andlor interferences as alleged herein have no ready means of
21 abatement.
22 225. DEFENDANTS, by and through their officers, directors, and managing agents, have
23 continued to maintain the nuisance and have continued the acts complained of. Each and every
24 act has been without the consent of PLAINTIFFS, against the will of PLAINTIFFS, and in
25 violation of the rights of the PLAINTIFFS. DEFENDANTS have failed and continue to fail to
26 remove andlor prevent continued exposure to chemicals, hazardous products, carcinogens, and
27 other toxic materials which could be removed from PLAINTIFFS' properties without
28 unreasonable hardship and expense.
125
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 226. As a proximate result of the nuisance created by the DEFENDANTS, PLAINTIFFS
2 have suffered and continue to suffer injuries to their persons, their mental and emotional health,
3 their earning capacities, their property and their economic interests, all as alleged herein, and have
4 suffered and continue to suffer further mental and emotional distress as a result of the loss of use
5 and their property. All of the above damages will be established according to proof.
6 FIFTEENTH CAUSE OF ACTION
7 VIOLATION OF THE UNFAIR BUSINESS PRACTICES ACT
8 California Business and Professions Code § 17200 et. seq.
9 (Against Defendants CASTLE & COOKE CALIFORNIA, INC., CASTLE & COOKE,
10 INC., DOLE FOOD COMPANY, INC., COMSTOCK, CROSSER & ASSOCIATES
11 DEVELOPMENT COMPANY, INC. and Does 1-1000)
12 227. PLAINTIFFS hereby reallege and incorporate by reference each and every
13 allegation herein above as if fully set forth in detail therein.
14 228. DEFENDANTS violated the provisions of Health and Safety Code § 5411, which
15 provides that "No person shall discharge sewage or other waste, or the effluent of treated sewage
16 or other waste, in any manner which will result in contamination, pollution or a nuisance," and
17 which has been operative since 1949. As defined by § 5411, DEFENDANTS have contaminated
18 the quality of the environment by their improper use, storage and disposal of benzene, methane,
19 benzo(a)pyrene, naphthalene and oil tank bottom waste and other hazardous and toxic substances.
20 229. DEFENDANTS' violations of Health and Safety Code § 5411 proximately caused
21 the contamination, trespass and nuisance to the real property owned, leased and/or occupied by
22 PLAINTIFFS.
23 230. Health and Safety Code § 5411 was intended to prevent this type of damage to the
24 public. As members of the public, PLAINTIFFS are members of the class of persons for whose
25 protection the statute was adopted.
26 231. DEFENDANTS' conduct has resulted in statutory violations of the Health and
27 Safety Code and therefore constitutes unlawful and unfair business practices within the meaning
28 of Business and Professions Code § 17200. Section 5411 placed mandatory duties upon
126
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
1 DEFENDANTS.
2 232. Continuing commISSIOn by DEFENDANTS of the actions alleged herein will
3 irreparably hann PLAINTIFFS and the public, for which harm PLAINTIFFS have no plain,
4 speedy or adequate remedy at law.
5 233. Pursuant to Business and Professions Code § 17203, PLAINTIFFS are entitled to an
6 injunction enjoining DEFENDANTS from continuing to engage in said unlawful, unfair, and
7 fraudulent business practices.
8 234. Pursuant to Business and Professions Code § 17203, PLAINTIFFS are entitled to an
9 order disgorging all DEFENDANTS' unlawfully obtained money by means of such unlawful,
10 unfair, and fraudulent business practices.
11 235. Pursuant to Code of Civil Procedure § 1021.5, PLAINTIFFS are entitled to costs,
12 including reasonable attorneys' fees, for prosecuting this action in the public interest.
13 SIXTEENTH CAUSE OF ACTION
14 WRONGFUL DEATH
15 (Against All Defendants and Does 1-1000)
16 236. PLAINTIFFS hereby reallege and incorporate by reference each and every
17 allegation herein above as if fully set forth in detail therein.
18 237. At all times herein mentioned, the Wrongful Death PLAINTIFFS, in one manner or
19 another were legally related to decedents.
20 238. As a direct and proximate result of the conduct of DEFENDANTS and Does 1
21 through 500, and each of them as alleged herein, the decedents died.
22 239. As a direct and proximate result of DEFENDANTS' conduct, PLAINTIFFS did not
23 arid could not have discovered that DEFENDANTS' wrongful conduct were the cause of each
24 decedents' death until within two years of the filing of this complaint, and within the parameters
25 set forth in Code of Civil Procedure § 340.8.
26 240. As a further direct and proximate cause of the deaths of those decedents, the
27 Wrongful Death PLAINTIFFS have been pennanently deprived of their respective decedent's
28 love, care, companionship, comfort, serVIces, society, solace, contributions, financial support,
127
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
"
1 physical assistance, affection and moral support, all to their damage in an amount in excess of the
2 minimum jurisdiction of this court and according to proof.
3 241. By reason of DEFENDANTS' conduct, the Wrongful Death PLAINTIFFS have
4 incurred funeral and burial expenses in such amounts as will be proven at the time of trial. The
5 Wrongful Death PLAINTIFFS have los11he use of interest on the money owed, from the dates of
6 their respective decedent's death until judgment as follows: funeral and burial expenses, loss of
7 support, pecuniary value of the loss of love, care, companionship, comfort, services, society,
8 solace and moral support.
9 242. The Wrongful Death PLAINTIFFS seek prejudgment interest as prescribed by
10 California law upon any and all damages sustained as herein above alleged.
II SEVENTEENTH CAUSE OF ACTION
12 LOSS OF CONSORTIUM
13 (Against All Defendants and Does 1-1000)
14 243. PLAINTIFFS hcreby reallege and incorporate by reference each and every
i 15 allegation herein above as if fully set forth in detail therein.
16 244. This cause of action is brought on behalf of the PLAINTIFFS who are the spouses
17 of the PLAINTIFFS who have been harmed by DEFENDANTS' acts and omissions. By reason of
18 the injuries sustained by PLAINTIFFS' spouses, the PLAINTIFFS have been and will continue to
19 be deprived of consortium, society, comfort, protection, and services, thereby causing and
20 continuing to cause said PLAINTIFFS grief, sorrow, mental anguish, emotional distress and pain
21 and suffering.
22 245. The nature and extent of said loss is not fully ascertained, and PLAINTIFFS will
23 seek leave to amend at the time of Trial.
24 III
25 /II
26 III
27 III
28 III
128
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1
2
3
4
5
6
7
8
9
10
11
12
13
14 il
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EIGHTEENTH CAUSE OF ACTION
INVERSE CONDEMNATION
(Against Defendants OCEANIC PROPERTIES INC, BARCLAY HOLLANDER
CORPORATION, CASTLE & COOKE CALIFORNIA, INC., CASTLE & COOKE, INC.,
DOLE FOOD COMPANY, INC., COMSTOCK, CROSSER & ASSOCIATES
DEVELOPMENT COMPANY, INC. and Does 1-1000)
246. PLAINTIFFS hereby reallege and incorporate by reference each and every
allegation herein above as if fully set forth in detail therein.
247. DEFENDANTS' past and continuing acts and omiSSIOns, as herein alleged,
constitute unlawful trespassory interference with, and invasion of, PLAINTIFFS' rights to
possession of their property. DEFENDANTS' past and continuing acts and omissions were done
with the substantial certainty that such acts and omissions would result in damage to others via
repeated and continuing occurrences of the emission of hazardous toxins, including known human
carcinogens, into the air, soil and groundwater. Such hazardous toxins have migrated and continue
to migrate onto the real property owned, leased and/or occupied by PLAINTIFFS.
248. DEFENDANTS' improper maintenance, provision, storage, use, disposal andlor
release of hazardous contaminants have resulted in contaminated air, soil and groundwater
entering and penetrating into PLAINTIFFS' property, including but not limited to PLAINTIFFS'
homes. This discharge andlor seepage constituted and continues to constitute an mverse
condemnation of the properties located on the CAROUSEL HOUSING TRACT.
249. As a proximate result of the trespasses committed by the DEFENDANTS, by and
through their officers, directors, and managing agents, PLAINTIFFS have suffered and continue
to suffer injuries to their persons, their mental and emotional health, their earning capacities, their
property and their economic interests, all as alleged herein, and have suffered and continue to
suffer further mental and emotional distress as a result of the loss of use of their real and personal
property. All of the above damages will be established according to proof.
250. The aforementioned conduct of the DEFENDANTS, and each of them, by and
through their officers, directors and managing agents, in intentionally and recklessly releasing
129
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 dangerous and hazardous materials and toxic substances in the immediate vicinity of
2 PLAINTIFFS' persons and properties and the KAST SITE, intentionally and recklessly allowing
3 and continuing to allow emissions of these hazardous materials and substances into PLAINTIFFS'
4 property and PLAINTIFFS' environs was and is intended to cause injury to PLAINTIFFS, or in
5 the alternative, was and is willful, wanton and despicable conduct carried out with a conscious
6 disregard to PLAINTIFFS' rights and well-being and subjected and continues to subject
7 PLAINTIFFS to cruel and unjust hardship so as to justifY an award of exemplary and punitive
8 damages in a sum to be determined at time of trial.
9 251. As a direct and proximate result of the unreasonable conduct of DEFENDANTS in
10 the operation at the KAST SITE and the right of way for public and private use, the oil was
11 allowed to remain on the KAST SITE and migrate under the CAROUSEL HOUSING TRACT
12 caused the damages described above.
13 252. PLAINTIFFS have been requircd to employ attorneys and consultants and are
14 entitled to recover all of his litigation expenses pursuant to Civil Code Section 1036.
15 NINETEENTH CAUSE OF ACTION
16 UNJUST ENRICHMENT
17 (Against Defendants OCEANIC PROPERTIES INC, BARCLAY HOLLANDER
18 CORPORATION, CASTLE & COOKE CALIFORNIA, INC., CASTLE & COOKE, INC.,
19 DOLE FOOD COMPANY, INC., COMSTOCK, CROSSER & ASSOCIATES
20 DEVELOPMENT COMPANY, INC. and Does 1-1000)
21 253. PLAINTIFFS hereby reallege and incorporate by reference each and every
22 allegation herein above as if fully set forth in detail therein.
23 254. PLAINTIFFS are infonned and believe and thereon allege that on or around the mid
24 1960's, SHELL sold the land to property developers including but not limited to Defendant
25 BARCLAY who proceeded to develop a housing tract on the KAST SITE that came to be known
26 as the "Carson Carousel" whereupon approximately 275 homes were built. PLAINTIFFS are
27 infonned and believe and thereon allege that Defendant OCEANIC, a subsidiary of the CASTLE
28 & COOKE DEFENDANTS, acquired and assumed BARCLAY in or around 1969,
130
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 255. Despite the knowledge that the SITE was contaminated with toxic chemicals,
2 DEFENDANTS sold and developed the SITE.
3 256. As a result, DEFENDANTS, and each of them, received the benefit of by selling the
4 homes to PLAINTIFFS and thus have been unjustly enriched thus entitling Plaintiffs to restitution
5 in an amount to be determined so as to disgorge Defendants of their unjust enrichment.
6 TWENTIETH CAUSE OF ACTION
7 FRAUDULENT AND INTENTIONAL DECEIT
8 (Against All Defendants and Does 1-1000)
9 257. PLAINTIFFS hereby reallege and incorporate by reference each and every •
10 allegation herein above as if fully set forth in detail therein.
11 258. DEFENDANTS are and have been aware that hazardous levels of contaminants,
12 including the known human carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil
13 tank bottom waste and other toxic substances, were emanating from DEFENDANTS' facilities at
14 the KAST SITE, which did contaminate and continue to contaminate the surface and subsurface
I 15 soil, groundwater and environs surrounding the KAST SITE. 1
16 259. DEFENDANTS intentionally withheld from PLAINTIFFS the knowledge that
17 benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and other toxic
18 substances had contaminated the groundwater and soil, and DEFENDANTS have never provided
19 any warning to PLAINTIFFS regarding the contamination of PLAINTIFFS' groundwater, soil, air
20 and environment.
21 260. DEFENDANTS knew that PLAINTIFFS were exposed to various toxic substances,
22 including the known carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tanle
23 bottom waste and other hazardous substances, and that PLAINTIFFS have continued to be so ex-
24 posed. DEFENDANTS fraudulently concealed from the PLAINTIFFS these material facts
25 regarding DEFENDANTS' contamination of the surface and subsurface soil, groundwater, air and
26 environment in and around the KAST SITE. Further, DEFENDANTS misrepresented these
27 material facts to PLAINTIFFS and the public.
28 261. DEFENDANTS had a duty to disclose by a clear and reasonable warning, reason-
131
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
.1
;1 !
1 ably calculated to give PLAINTIFFS notice prior to exposing them to one or more chemicals,
2 including benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and other
3 toxic substances, all of which are known to cause cancer and/or other debilitating diseases.
4 262. DEFENDANTS fraudulently concealed and intentionally suppressed material facts
5 from PLAINTIFFS regarding the toxic contamination of the community environment, including
6 but not limited to the facts related to the release of hazardous contaminants at concentration levels
7 in excess of acceptable standards.
8 263. DEFENDANTS knew that hazardous levels of benzene, methane, benzo(a)pyrene,
9 naphthalene and oil tank bottom waste and other toxic substances had been released into the air
10 and environment surrounding the KAST SITE and had contaminated the air, groundwater, surface
11 and subsurfacc soil, and DEFENDANTS knew that PLAINTIFFS were being exposed to these
12 substances. Further, DEFENDANTS knew that the exposure was a result of DEFENDANTS own
13 intentional discharge oftoxic substances from the KAST SITE. DEFENDANTS intentionally and
14 purposefully withheld from PLAINTIFFS the knowledge that benzene, methane, benzo(a)pyrene,
15 naphthalene and oil tank bottom waste and other toxic substances were being released into the air
16 and environmcnt surrounding the KAST SITE and the knowledge that PLAINTIFFS were being
17 exposed to the benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom waste and
18 other toxic substances.
19 264. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS and
20 their agents, representatives, employees and management intentionally misrepresented and
21 suppressed material facts concerning DEFENDANTS' contamination of the surface and
22 subsurface soil, groundwater, air and environment on the SITE and their surrounding
23 neighborhoods, including to PLAINTIFFS and the public. DEFENDANTS, through their officers,
24 agents, directors and employees made affirmative misrepresentations regarding the contamination
25 and its potential harm to PLAINTIFFS' persons and property by affirmatively and falsely
" 26 representing, concealing and failing to disclose material facts regarding the contamination and its
27 potential health and other risks to PLAINTIFFS, including but not limited to failing to disclose to
28 PLAINTIFFS and the public the true nature of the contamination at and around the KAST SITE.
132
PLAINTIFFS' FmST AMENDED COMPLAINT FOR DAMAGES
:1
1 265. DEFENDANTS suppressed critical facts from PLAINTIFFS and the public despite
2 their knowledge of such facts or DEFENDANTS' reasonable grounds for knowing such facts,
3 with the effect of misleading PLAINTIFFS and the public at large concerning DEFENDANTS'
4 wrongful acts.
5 266. DEFENDANTS' failure to disclose information and suppression of information as
6 herein alleged were made with the fraudulent intent to induce PLAINTIFFS to' act in reliance
7 thereon, to prevent PLAINTIFFS from reporting the contamination to governmental agencies, and
8 to prevent PLAINTIFFS from seeking compensation from DEFENDANTS for damages and, as a
9 result, DEFENDANTS have not been ordered to properly remediate, clean up, or abate the
10 contamination.
11 267. At the time DEFENDANTS' failures to disclose and suppression of facts occurred,
12 and at the time DEFENDANTS took the actions herein alleged, PLAINTIFFS were ignorant of
13 the existence of the facts which DEFENDANTS suppressed and failed to disclose. PLAINTIFFS
14 had no reason to be aware of said facts that were fraudulently concealed by DEFENDANTS. Had
15 PLAINTIFFS been aware of the existence of the facts not disclosed and actively suppressed by
16 DEFENDANTS, PLAINTIFFS would have taken measures to prevcnt inhalation of and exposure
17 to air, surface soil, and groundwater containing hazardous and toxic substances, including the
18 known human carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tank bottom
19 waste.
20 268. As a direct and proximate result of the foregoing acts by DEFENDANTS,
21 PLAINTIFFS have sustained injury to their person, property and financial interests in an as yet
22 undetermined amount.
23 269. DEFENDANTS' actions in fraudulently concealing from and deceiving
24 PLAINTIFFS about the existence of benzene, methane, benzo(a)pyrene, naphthalene and oil tank
25 bottom waste and other toxic substances in the air, surface and subsurface soils, groundwater and
26 environment, were willful, malicious, and intentional from which PLAINTIFFS have suffered
27 great harm. Moreover, DEFENDANTS consistently failed to disclose to PLAINTIFFS, although
28 required to do so, that ingestion, inhalation and exposure to toxic substances was carcinogenic.
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PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 PLAINTIFFS are therefore entitled to recover punitive or exemplary damages.
2 270. Despite the knowledge that the KAST SITE was contaminated with toxic chemicals,
3 DEFENDANTS sold and developed the KAST SITE.
4 271. DEFENDANTS' misrepresentations were material facts in that PLAINTIFFS would
5 not have resided in the CAROUSEL HOUSING TRACT if they were informed that the land was
6 contaminated by toxic substances.
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8 272. As a result of DEFENDANTS' fraudulent and intentional deceit, PLAINTIFFS have
9 been damaged in an amount to be determined at trial.
10 PRA YER FOR RELIEF
11 WHEREFORE, PLAINTIFFS and each of them pray judgment against the
12 DEFENDANTS, and each ofthem, as follows:
13 1. For past and future gencral damages, according to proof;
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2. For past and future medical and incidental expenses, according to proof;
3. For past and future loss of earnings and/or earning capacity, according to
proof;
4. For past and future property damage, for remediation, for diminution III
property value and stigma damages;
5. For future medical monitoring costs, according to proof;
6. For punitive and exemplary damages in an amount to be detennined at trial;
7. For prejudgment interest on all damages as is allowed by the laws of the
State of California;
8. For past and future mental and emotional distress, according to proof;
9. For the loss of care, comfort, society and other damages allowable as to the
wrongful death PLAINTIFFS;
10. For loss of consortium damages, according to proof;
11. For past and future costs of suit incurred herein;
12. For such other and further relief as the Court deems just and proper.
134
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
1 JURY DEMAND
2 PLAINTIFFS hereby demand a trial by jury on all claims so triable.
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Dated: August 16, 2010 GIRARDI I KEESE
BY: ______ ~~~~------------THOMAS V. GIRARDI
CHRISTOPHER T. AUMAIS Attorneys for PLAINTIFFS
DEMAND FOR JURY TRIAL
PLAINTIFF hereby requests a jury trial upon the claims so triable.
GIRARDI I KEESE
By: __________________________ __
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THOMAS V. GIRARDI CHRISTOPHER T. AUMAIS
Attorneys for PLAINTIFFS
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DAMAGES
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2 PROOF OF SERVICE
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 5 and not a party to the within action; my business address is 1126 Wilshire Boulevard, Los
Angeles, California 90017. 6
On August 16,2010, I served the foregoing documents described as PLAINTIFFS' 7 FIRST AMENDED COMPLAINT, on all interested parties in this action as set forth on the 8 attached service list in the following manner:
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o BY MAIL: I am familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the
party, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
It! BY LEXIS NEXIS FILE & SERVE ("LNFS") by transmitting a true and correct copy ofthe above listed documents to LNFS for electronic service on counsel of record
o BY OVERNIGHT MAIL: I caused said document(s) to be picked up by FEDERAL EXPRESS, an overnight delivery service company, for delivery to the addressees on the next business day.
o BY PERSONAL SERVICE: By causing personal delivery of the document listed above to the person at the address set forth on the attached service list.
o BY ELECTRONIC SERVICE: Pursuant to Court Order, I caused the above document to be sent to the listed addressee( s) in the attached service list via Verilaw
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e-serve. STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. FEDERAL I declare that I am employed in the office ofthe member of the bar of this court at whose direction the service was made.
Executed on August 16, 2010 r Los Al;l~J,*,;-b:a!ifornia.
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SERVICE LIST Michael LesIie,Esq. Craig L. Chisvin Michael Roth, Esq. CHISVIN & ASSOCIATES David Zaft, Esq. 3130 Wilshire Boulevard, Fourth Floor CALDWELL, LESLIE & PROCTOR Santa Monica, CA 90403 1000 Wilshire Boulevard, Suite 600 Tele: (310) 820-4488 Los Angeles, CA 900 I 7 Attorneys for Plaintiffs TRINIDAD Tele: (213) 629-9040; Fax: (213) 629-9022 VELASQUEZ, ELIZABETH
VELAZQUEZ, and CRYSTIAL David L. Schrader, Esq. VELASQUEZ, a minor by and through her V. Thomas Meador, III, Esq. GUARDIAN AD LITEM Trinidad Deanne 1. Miller, Esq. Velasquez MORGAN, LEWIS & BOCKIUS 300 S. Grand Avenue Twenty-Second Floor Los Angeles, CA 90071 Tele: (213) 612-2500; Fax: (213) 612-2501 Attorneys for Defendants SHELL OIL COMPANY and SHELL OIL PRODUCTS US Jeffrey D. Dintzer, Esq. GIBSON, DUNN & CRUTCHER LLP 333 S. Grand Avenue Los Angeles, CA 90071-3197 Tele: (213) 229-7000; Fax: (213) 229-7520 Attorneys for Defendants BARCLAY HOLLANDER CORPORATION, and OCEANIC PROPERTIES, INC.
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