girardi ikeese 1 thomas v. girardi, sbn 36603amlawdaily.typepad.com/carson city --...

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Aug 16 2010 5:02PM

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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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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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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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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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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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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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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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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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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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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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; )

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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


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


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


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


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


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


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


, ,

;: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


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


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


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


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


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


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


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


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


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


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


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


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


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


[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


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


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


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


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


- -,

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


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


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


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


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


:'

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


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


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


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


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


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


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


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


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


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


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


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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


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


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


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


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

'!

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


'-j

.'

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


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


--- -- - - .-!

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


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


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


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


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


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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


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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


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


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


,!

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


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


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8

9

10

11

12

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14

15

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17

18

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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


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


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


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


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


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


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


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


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

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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


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


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


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


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,


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


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


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


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


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


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,


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


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,


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


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,




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


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)



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


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,


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




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


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




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


" [;! ;': 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


~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


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




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


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



109






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




110


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




26 property and PLAINTIFFS' environs was and is intended to cause injury to PLAINTIFFS, or in



III


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




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


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,





II monitoring, and/or their earning capacities. PLAINTIFFS are informed and believe and thereon




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




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


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,










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


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)



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


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,


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


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




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


" ~ , : ., 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


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


1 PLAINTIFFS are therefore entitled to recover punitive or exemplary damages.

2 TWELFTH CAUSE OF ACTION

3 NEGLIGENT MISREPRESENTATION


5 200. PLAINTIFF~ hereby reallege and incorporate by reference each and every



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.


18 including the known carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tank









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


1 ulations, including but not limited to the Safe Drinking Water and Toxic Enforoil Act of 1986.


3 from PLAINTIFFS regarding the toxic contamination of the community environment, including





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.


121


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




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.




22 212. DEFENDANTS' actions III fraudulently misrepresenting and deceiving







122


1 \\\

2 \\\

3 THIRTEENTH CAUSE OF ACTION

4 PUBLIC CONTINUING NUISANCE CAUSING SPECIAL INJURY

5 Civil Code § 3479 et seq. and § 3490 et seq.




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


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.




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


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.

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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




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

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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




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,

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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


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.

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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

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4 property and PLAINTIFFS' environs was and is intended to cause injury to PLAINTIFFS, or in



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




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,

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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


9 257. PLAINTIFFS hereby reallege and incorporate by reference each and every •




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.


22 including the known carcinogen benzene, methane, benzo(a)pyrene, naphthalene and oil tanle







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3 toxic substances, all of which are known to cause cancer and/or other debilitating diseases.


5 from PLAINTIFFS regarding the toxic contamination of the community environment, including





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.

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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




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.




23 269. DEFENDANTS' actions in fraudulently concealing from and deceiving






133



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.

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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


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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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